I said in my posting of Jeane's death yesterday that she may have left this earth that she won. She is a free woman. Take a look at Kenneth Lay's case in Enron:
On May 25, 2006, Lay was found guilty on all six counts of conspiracy and fraud by a jury of eight women and four men. Sentencing was scheduled to take place on 11 September 2006, but was later rescheduled for 23 October 2006.While vacationing in Colorado on July 5, 2006, Kenneth Lay died. On October 17, 2006, since Lay died prior to exhausting his appeals, his conviction was abated.
In Jeane's case,her case too will be abated. From WTOP news yesterday:
Channing Phillips, a spokesman for U.S. Attorney Jeffrey Taylor, tells WTOP typically in cases in which a defendant is convicted but dies before sentencing, prosecutors file a motion to abate the prosecution, along with a notice of suggestion of death, which results in court records of the conviction being vacated.
Under the Fifth Circuit's law of abatement of a criminal conviction when a defendant dies before appellate review of the conviction, "It is well established in this circuit that the death of a criminal defendant pending an appeal of his or her case abates, ab initio, the entire criminal proceeding." United States v. Asset, 990 F.2d 208 (5th Cir. 1993). In a Fifth Circuit decision, United States v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004), the court explained that "the appeal does not just disappear, and the case is not merely dismissed.Of course, the government tried to fight to keep the 43 million of Lay's assets from the forfeiture claims with little luck.
Sure the government in Jeane's case can try to fight to keep the 2 million forfeiture claims of Jeane. The problem that they will have is :
1. Jeane paid her taxes of her business, Pamela Martin and Associates, on time and was never audited.
2. Government can go back up to 5 years into Jeane's business. But, Jeane's assets didn't add up to 2 million. And Jeane paid her taxes on time and was never audited in those 5 years. Also, her family doesn't have to pay death taxes on anything that Jeane left in her will [if Jeane has a will.].
Jeane's situation is the same as Lay's: They both died. Their convictions are wiped. And their forfeiture claims by the government are dismissed. One was guilty and the other is innocent. A very sad ending in Jeane's case.
Finally, the following was the last e-mail correspondence from Deborah Jeane Palfrey to myself on April 18, 2008. I posted the last part of Jeane's message to me yesterday. I didn't want to release this information until she told me. Since Jeane has died, I decided to release this information per her wishes. Here was the rest of the email message which will help you to understand what was going on inside the courtroom and why the names of the women employed by her were sealed by the judge. Once again, this was the last email that I received from her:
from: Jeane Palfrey
to: Justice League
date: Apr 18, 2008 1:27 PM
subject: Jeane Palfrey...
"Bil… for reasons which will become apparent later next week, I would like for you to make certain the following information is broadcast widely, on the net and elsewhere. Please use Jason [Leopold ], in particular to disseminate this news. The Government – at trial – wanted to publish the names of the remaining 120 to 130 women, as part of their and my ongoing humiliation (my opinion). However on Tuesday, just before the verdict was announced Judge Robertson called counsel into chambers. He informed them that he had received an anonymous letter from a former, unnamed escort, who stated she would commit suicide, if the names were released publicly. Based upon this info, Robertson summarily sealed the records, on all remaining escorts’ identities. –Jeane"
P.S. I received a lot of emails yesterday of concerns and news of Jeane's death. I appreciate everyone's emails. I had to get through many emails yesterday that left me off the blog for a couple of hours. Can't wait for the day when justice will be served in Jeane's case.
4 comments:
Thanks SPB, you (we) all tried to make this case what it was REALLY about-the law, its misuse and NOT about "sexual fantasy talk for pay" except for the JOHNS who didn't want their names released.
WHY oh WHY did Smoking Gun leak an unsigned affidavit and WHERE did he get it? Like Granny said how convenient-no signatures-no responsibility. I think a subpoena is in order for that editor to answer a few questions...and how could an unsigned affidavit be used to obtain a search and seize warrant?And why would he print it??
My police friends say they have never seen anything like it in all their years and ya know, Ohio isn't exactly poorfect...it is rarely the MO of female suicide victims to hang themselves, as you know.
Was Dick (and others) so afraid she'd name names?
Kenneth Lay really hurt a lot of people, thousands upon thousands still suffer today as they have lost all or most of their retirement.
As far as damage Deborah Jeanne did....well or was it people who were afraid of what damage would personally hurt them if their names came up. As far as Lay and Plafrey, undoubtidly the lesser of two evils is Ms. Palfrey.
So sad.... such a shame... Pray for her mother.
Most have no idea what a jail is like. When I was in college, I was President of the Paralegal Club. We visited Rahway State Prison, it is hell. After the third gate closed it was a new world controlled by convicts. Fear and fake charges was what the Prosecutors used. That was no accident that Smokin Gun got the leak, it was planned. As for Jean she was a smart lady and her Mother knew her daughter. As I read these comments I wonder how many of you would be willing to serve 55 years in jail for a crime that never happen when you 52 years old. Yes you might go free after the truth comes out but will you last that long. Some people are strong like Martha Stewart and Don Siegelman others can't see holding on when even the Justice System is Corrupt. Jean knew life as she has knew it was over and if she ever did see the light of day she would be to old to enjoy it. Notice how the Emperor's Club will slowly go away without a word.
For those who were only interested in the Big Names who used Jean's legal service don't worry they will come out in time to make Jean proud. To bad people weren't interested in Jean herself and her suffering and unjust treatment. Life is strange as we watch the suffering of others just to pick at what we want while leaving them to die. Few people have compassion these days it's a what's in it for me World. A woman killed herself because few stood up for Justice and now to make themselves feel good that say it's to bad. Jean's Mother knows her daughter couldn't handle jail and the Justice System left her only one choice. I just wish people has stepped up to the plate and wrote letters to the Judge and their law makers while Jean was alive it might have helped. But like the man who begged for food as you walked by and then returned 2 years later with food but he's dead, you were to late.
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