Tuesday, October 31, 2023

"This Is Inane"

An appeal of a Master's findings favorable to a judge charged with misconduct as a prosecutor is scheduled before the Michigan Judicial Tenure Commission

Disciplinary Counsel and respondent have filed briefs addressing the Master's report in FC 104, Hon. Paul J. Cusick. Disciplinary Counsel's objections to the report may be accessed here. Respondent's brief in support of the report may be accessed here.

Counsel have until November 6, 2023, to file responses. The Commission will then schedule oral arguments.

Oral argument is now scheduled on January 8, 2024 at 10:00 am. 

From the brief of Disciplinary Counsel

The Master issued a report concluding that the evidence was insufficient to establish that respondent committed any of the alleged misconduct. Disciplinary counsel disagree with virtually all of the Master’s significant findings. The Master’s report accepted many of respondent’s arguments with little or no analysis and simply ignored the extensive evidence that supported the allegations and contradicted respondent’s claims. The report omitted essential context of transcript it cited and made basic factual and logical errors.

The Commission should reject the Master’s findings of fact and conclusions of law and find the misconduct alleged in each count of the complaint was established.

Relief sought

The misconduct established by a preponderance of the evidence includes that respondent made false statements to the Commission, misled judges before whom he was litigating, and violated his ethical obligations as a lawyer and prosecutor. Respondent committed the misconduct over the course of three years as a prosecutor with the Attorney General’s office, then continued with his false statements to the Commission during the investigation and while he was a judge. For the reasons stated below, disciplinary counsel believe the appropriate sanction is to remove respondent from the bench.

The judge's counsel takes a contrary view

The evidence is clear that Paul Cusick faithfully executed his duties and responsibilities as an Assistant Attorney General and as Judge. He was truthful throughout this years-long process.

Regarding the McCully case, Cusick made clear in his notes to the Attorney General case file, in all correspondence, and within every court record that there would be absolutely no promises and no agreement in exchange for McCully’s work as a CI. The Kastigar letter, signed by McCully and his attorney Fishman, contained express acknowledgements confirming the basis of the plea two months earlier that there was not and would not be such an agreement. Yet, Sgt. Calleja just days later unilaterally wrote down a completely different statement on McCully's CI source card - which Cusick never saw.

Despite an incontrovertible record that shows no agreement with anyone, Disciplinary Counsel's theory was that an agreement was made with McCully and then another made with Loggie for McCully's sentencing benefit. This is inane.

While Disciplinary Counsel was able to inveigle various persons during ex-parte interviews into signing statements that there was "an exchange" or "deal" during the investigation, those witnesses all corrected this false notion by the time of the hearing. Even Sgt. Calleja admitted in his testimony that there was "no deal". Fishman expressly rejected the fabricated idea of an "exchange". And, as she always has insisted, Loggie confirmed there was no agreement in her testimony.

As made crystal clear during the proceedings, Cusick always followed office policy whenever there was an agreement with a defendant or witness. That policy was to seek written authorization for and to document the scope and extent of any such agreement and to have that confirmed in writing by the witness/ defendant and their counsel. There was no agreement with McCully or Loggie. None. Still Disciplinary Counsel tried to manufacture an agreement that never existed.

[Defense counsel in the underlying case] Komorn admitted that he knew Loggie was a CI with signed documentation and purposely and strategically did not ask for that documentation. It is uncontested that neither CI source card was ever in Cusick's possession. Cusick did not withhold any information from Komorn. And Ms. Collins and the AG's office had access to all of the  information Cusick was given.

A process of answering nearly 1000 questions in various forms during the Disciplinary Counsel's investigation was complicated by the lapse of time but made completely unfair when Disciplinary Counsel withheld material exculpatory
information. This omission made all the more fundamentally unfair when Disciplinary Counsel deceived key witnesses by withholding that same critical information from them. Those witnesses would later repudiate portions of the ex parte statements prepared by Disciplinary Counsel after learning the facts and circumstances purposely misrepresented and hidden from them by Disciplinary Counsel.

Cusick's answers to the letters and pleadings contain his best recollection regarding cases from many years ago. At trial, testimony and documents corroborated the answers. One key fact established is that Loggie's involvement was in no way contingent on McCully receiving a benefit. Cusick insisted this was true during the investigation. Fishman confirmed this in his testimony. Judge Groner's statements from the plea and sentencing matched the testimony of Fishman and Cusick. And no witness testified that it was contingent, or that McCully received a benefit.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2023/10/an-appeal-of-findings-favorable-to-a-judge-charged-with-misconduct-as-a-prosecutor-is-scheduled-before-the-michigan-judicial.html

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Comments

Yes I believe that Paul cusick did commit this crime for he has showed misconduct in a case I know of outside of this one as well and has not been held accountable he runs his courtroom and so he is the law and does not abide by the law and I believe he should be removed from the bench he takes away the lives of families and he may still to prosecute innocent people and withholds evidence that could help defendants in their cases so yes I do believe that he is guilty of these charges and I hope and I pray that the commission makes the right decision to remove him because he is not fair and he does show bias and acts of misconduct and does not follow the laws accordingly to the Constitution of the United States of America he violates the amendment rights of defendants and does not allow evidence that can help a defendant in court and would rather persecute someone for something they did not do well it is his turn now to realize he does not abide by the law accordingly and he needs to realize that he is not God I pray you make the right decision so that other Americans who go before this judge can have true Justice and not the justice of Paul cusick himself let's help American not go before someone who opposed his own law instead of the correct law accordingly someone who is fair and knows the law and abides by the law and that's not use it for his own benefit for bias reasons even his staff Joyce Walters supports his violations he does not even allow transcripts to be printed so that there's no evidence and this is against the law he makes it wear an attorney cannot give due process to their clients because there are no transcripts produced and he does not punish anyone who has a show cause or subpoena to appear in court with any type of consequences that could help a defendant he lets it fly Right by I know for a fact of all these issues and wish I could prosecute him myself for his misconduct violation of ethics unfairness and conspiring against someone to put them away for life without due process of the law and violation of defendant's constitutional rights

Posted by: Marlinda Acea | Jan 29, 2024 8:29:28 PM

Yes we are a group that tried to offer support to defendants when they are entering a plea of not guilty and we have attended many of the hearings under judge Paul cusick we have found that he is biased in most cases and does not follow the law accordingly we have found that he overlooks and suppresses evidence and he does not allow defendants witnesses to be available he also violates the sixth amendment in many cases and that is not fair to the dependent at all discharge needs to be removed from the bench because he is not truthful in the way he conducts his courtroom we know of information he has surprised along with prosecutor Elena Rose neck and he conspires with prosecutors to obtain guilty verdicts mislead secures and does not give the proper instructions we do not understand how he made it to the bench as a judge I hope that you all take a closer look at to judge is really he conspires with prosecutors was hold evidence and suppresses it which does not help defendants at all he will not even allow family members of defendants in his courtroom and they need all the support they can get especially if you're facing life terms for a crime you did not commit and have the evidence to prove it he will cause you to keep a court appointed attorney who does not give due diligence to their minds and shows favoritism we're glad now that we know who to contact to write a grievance against this judge we would like to see him removed from the bench because he continues to violate the constitution of the United States of America as well as he will lie himself he will make promises and will not stand by them and mislead a defendant along with their council thank you may God help us all

Posted by: Dorlisa acea | Jan 29, 2024 8:39:17 PM

I am a member of the ITI group I have listened to many of court cases handled by judge Paul cusick and I find that this judge does demonstrate misconduct and violates the ethics code of conduct I find that he is biased I would like to see the Michigan judicial tenure commission remove this judge from the bench how he even got there I do not understand but I fear for anyone who ever has to be under his authority I do know that he withholds information and he makes steals with the prosecutors and accusers this information I know of to be a fact because of the Private investigations that we do this judge can be rude and unprofessional we ask the Michigan judicial change to please remove him from the bench and replace him with a law abiding citizen that deserves to be called a judge and that will abide by the Constitution of the United States of America and not conspire to do wrong just to incarcerate someone he is biased against we have witnessed him withhold information in order that attorneys retained cannot provide due diligence to their own defendants because he does not have transcripts of court cases that go before him and he does not pursue the court reporters to produce transcripts in order for someone to move forward and possibilities of filing motions for a new trial families aren't Rich nowadays and cannot afford to retain attorneys so therefore they have to have a court appointments appointment attorney that he also conspires with to do and Injustice to innocent defendants why would he not have transcripts of his cases available even his legal Assistant Jay Walters assist him in this misconduct behavior and it is not fair to anyone to be under his law instead of the law of the land thank you for your consideration and I hope that you make the correct decision to remove this judge from the bench he does not follow the procedures of the law concerning the Constitution but rather violates the amendment rights of a defendant we also believe and our group that this particular lawyer is also biased. We are preparing a judicial review against this judge and pray that it gets accepted defendants need help by judges that are loyal to the community and put forth good effort to do justice according to the law this judge does not demonstrate to Justice he will help an entire family fall thank you

Posted by: Member of the ITI group | Jan 29, 2024 8:56:42 PM

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