Zherka Lawsuit is an Alleged Fraud on the Court By Hezi Aris

The original lawsuit by Plaintiff Selim Zherka (publisher of The Westchester Guardian) filed February 29, 2008 ( Download Morgethau_Zherka.pdf ), in the United States District Court – Southern District of New York against Defendants Michael F. Bogdanos (New York Assistant District Attorney), Michael R. Edelman - pictured right -  (partner in law firm of Worby, Groner & Edelman), Philip Amicone (Mayor of the City of Yonkers), et al, demand compensatory and punitive damages caused by conduct allegedly engaged in by the Defendants in violations of Plaintiff’s rights. The issues cited include the alleged misuse of police force to distribute copies of The Westchester Guardian on Yonkers owned public property, among other concerns. The issue about Michael R. Edelman, allegedly referred to as “the Consultant,” is being sued in his individual and personal capacity for his time when employed by and in Mayor Phillip Amicone’s re-election campaign effort.  “The Consultant” is Edelman’s so-called “handle” as used by him on the Politics on the Hudson blog operated and maintained by Gannett Surburban Newspapers.

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While the lawsuit ascribes some quoted passages to Edelman in the Politics on the Hudson blog, the fact is they are to be found outside of the blog quoted by Gannett Suburban Newspapers. The fact that the alleged comment(s) is/are quoted more than once in the lawsuit verbatim, negates the “Fact Statement” of the lawsuit. The “Fact Statement” is thereby incorrect. Its use therefore allegedly exacts a fraud upon the court by its very use.

A Civil Action lawsuit by Plaintiff Genaro Morales (a personal friend of Selim Zherka, a partner of Zherka in certain real estate related businesses, and a retired member of the NYPD) against the Plaintiffs named at the top of this article, is an addendum of sorts on the original lawsuit. In the June 26, 2008 suit, Edmund Hartnett (Police Commissioner Edmund Hartnett), John Fleming (Executive Assistant to Mayor Philip Amicone), allegedly a/k/a “Mob Buster,” and Lawrence Porcari (Assistant Corporation Counsel), allegedly a/k/a “Ethan Edwards,” and the City of Yonkers.

An examination of the blog entries on LoHud.com and the YonkersTribune.Typepad.com, prove conclusively that the allegations brought by “Sam” Selim Zherka alleging that Mike Edelman, blogging as “The Consultant” stated that "Zherka was a kingpin in Albanian organized crime" and that the feds were protecting him for years" were not said by any blogger claiming to be "The Consultant." A comparison of the language stated in the Zherka lawsuit with all blog entries on LoHud.com and YonkersTribune.Typepad.com reveal that an anonymous blogger posted the language that Zherka is complaining about.

In addition, the legal papers submitted by the Manhattan County ADA, who has evidently opened a grand jury investigation of Zherka according to Zherka’s own legal complaint, categorically states that he had no previous relationship with any of the defendants.

In speaking with Mr. Edelman about the lawsuit he said, "I do not condone what some bloggers alleged about Mr. Zherka, but in no event were the words printed mine, and the blog entries verify this fact."

Yonkers Tribune publisher Hezi Aris said, I believe in a free press; I don't believe that the judicial system is the venue to impugn someone's reputation, unless the facts as stated, back up the allegation. In this case they do not.”

IMPORTANT MESSAGE: Yonkers Tribune feels obligated to advise you that a recent application filed against The Journal News with the Westchester Supreme Court to try and obtain the identity of certain anonymous posters is being contemplated by the Judge Rory Bellantoni Court.  There are many legal protections for your right to participate in on-line discussions passionately and anonymously, although of course they are not without some limits. If you wish to educate yourself further about the legal parameters, the Electronic Frontier Foundation Website is but one excellent source of information, as will the precaution of considering the use of the Hide My Ass  service to hide your IP address.

Hide My Ass  is an anonymous free proxy service aimed at hiding your online identity from scrutiny by “Big Brother” types. Use the Hide My Ass  service to hide your IP address and bypass your work/school web filter with ease. Stand up to Yonkers City Hall and the Yonkers Board of Education. You can now bypass City Hall and the Yonkers BoE from blocking you from visiting and commenting anonymously on the Yonkers Tribune Website without their systems recognizing you. The icing on the cake is that the service is free. You’ve been denied access to one of the most popular and timely Websites in Westchester County; no longer.

A hat tip and thank you to a computer techie extremely well-versed on the Internet and a YonkersTribune acid-tongued blogger who will no longer be denied access.

Comments

Hezi, you committed fraud on the court??? Shame!

[anonymouse]

you ought to read the papers and stop
believing the bull that sam zherka
is feeding you

Hezi, Are you are talking about County Judge Bellantoni and Ottinger? If you are, Bellantoni already ruled about two weeks ago. He ruled the Journal News had to turn over whatever info they had about posters who made remarks about Richard Ottinger the former congressman, if that is what you are referring to. Bellantoni also is county court, not state supreme court.

If the Journal News has decided to appeal this ruling, which they should, it has not been publicized that they have done that.

[anonymouse]

not only that the bellantoni ruling..even
though he was sitting as an "acting supreme
court justice" was by a judge who took his
law from a lower new jersey court ...so
its about as binding as ..well as garbage
and gannett Inc should have taken it to the
appellate division at the very least. By
the way Zherka's guardian supported bellantoni...in his losing race..so he should have released he had a conflict in
deciding a matter that affected a friend

[anonymouse]

just to re iterate the conclusion after
an examination of all the facts and evidence
by a real journalist..
An examination of the blog entries on LoHud.com and the YonkersTribune.Typepad.com, prove conclusively that the allegations brought by “Sam” Selim Zherka alleging that Mike Edelman, blogging as “The Consultant” stated that "Zherka was a kingpin in Albanian organized crime" and that the feds were protecting him for years" were not said by any blogger claiming to be "The Consultant." A comparison of the language stated in the Zherka lawsuit with all blog entries on LoHud.com and YonkersTribune.Typepad.com reveal that an anonymous blogger posted the language that Zherka is complaining about.

In addition, the legal papers submitted by the Manhattan County ADA, who has evidently opened a grand jury investigation of Zherka according to Zherka’s own legal complaint, categorically states that he had no previous relationship with any of the defendants.

Hezi posted a story about the Manhattan District Attorney's answer to Zherka. It is in the Trib archives for May 31. The reply by Bogdanos says that he is conducting a serious criminal investigation of Zherka. He also calls Zherka paranoid and other things.

[anonymouse]

you should all read that post ...it is
extremely enlightening and devestating
to mr zherka..and his ridiculous conspiracy
theories

I think (opinion) that all these Zherka suits are frivolous, nonsensical and should be thown out of court. I think (opinion) he is scared he going to be indicted in Manhattan and is trying to blame everyone else for his troubles. He wants to use a "victim" defense, in my opinion. He is trying to claim everyone is out to get him. The Manhattan District Attorney called Zherka paranoid. I think (opinion ) he is abusing the courts and should be penalized severely.

He is an angry,desperate person in my opinion, and is using his money to use the courts as a tool for himself, in my opinion. He has not a chance in hell to win any of his suits. He also defames citizens every week in that rag he publishes. He is the last person who should complain. Instead, he should be sued and be given a taste of his own medicine.

[anonymouse]

I hear he is going to be sued for his false
allegations ...and that the court will be
asked to sanction him and his lawyer

Limited-purpose public figures, like public figures, have at least temporary access to the means to counteract false statements about them. They also voluntarily place themselves in the public eye and consequently relinquish some of their privacy rights. For these reasons, false statements about limited-purpose public figures that relate to the public controversies in which those figures are involved are not considered defamatory unless they meet the actual-malice test set forth in Sullivan.

and that is exactly what zherka did when
he formed that committee to beat amicone
he voluntarily placed himself in the public
eye with his "citizens against injustice
committee" his press releases and his
appearances on cable..

Selim (Sam) Zherka became a public figure long before the last political race. He became a public figure whenever he started the Guardian, which he has used since then to attack his political and other enemies without any regard for the truth. His own paper should be "Exhibit A" against him.

Exhibit B should be the Manhattan District Attorney's answer to Zherka. Exhibit C should be what appear to be his allegedly false statements in the suit which Hezi quoted from in the article.

Hezi, since we are on the topic: are posts to the Yonkers Tribune anonymous, or are you keeping track of IP #'s? Or is Typepad keeping track?

Hezi shouldn't answer that. No offense, but you could be a Zherka plant.

so what...the story was actually on the
tribune site...and I am sure that the IP
would show that edelman was not the poster
after that it is quite irrelevant..the only
thing that we need to know is that zherka's
legal papers are a complete lie..from the
fact page to the conspiracy page....just
a shill lawsuit to set up a primary run
for tony castro

I WOULD LOVE FOR NEWS12 TO COVER THE TRIAL LIVE. THAT WOULD BE MORE FUN THAN A BARRELL OF MONKEYS.

there will never be a trial..I don't even
think zherka wants a trial..with dismissable
causes of action all you are going to see are motions and sanctions..a big embarassment for the vicar of "truth and justice"...and a defeat for his pawn
tony castro...that is better than a barrell
of monkeys...it is a barrell of monkeys

Please help me understand...
I do not know how The Guardian can legally imply negative things about the people like Reginald LaFayette. Reggie gets questioned about a County car and his stipend for no valid reason. Meanwhile, Zherka is feeling the hot breath of the Manhattan DA and files a suit against people that he thinks said bad things about him.
Are internet blogs governed differently than free fish wrap? I always thought that a blog was the same as the "Opinions" section of the newspaper.

Blogs are really opinions. If you go on the Journal News site and put the mouse on "opinion" near the top of the home page one of the options to appear is blogs. Edelman can add that to his arsenal against that creep Zherka.

Zherka does much more than just imply things in that Guardian. They make up things they know aren't true and defame people every week with no regard at all for the truth. Zherka thinks he can defame anyone and hide behind the first amendment, but he is a coward who screams and threatens when people get after him. And Bogdanos in Manhattan is after him. And he may get him.

im really saddened to hear that larry procari was a/k/a ethan edwards. he typed some real nasty lies.

im very upset and sad to read that larry procari was a/k/a ethan edwards.

individuals who type hurtful statements and lies to destroy people's character will come back to haunt them, its nasty and distasteful.

Yes, and that is why Zherka and Blassberg will come to no good.

[sam zherka]

Sam Zherka
I promise all six or seven of you maggots, that I will go to trial, and that all the defendants in all these law suits will pay a very heavy price.

Now about this Yonkers Tribune site, keep it clean, no defamation or slander. If you cross the line, make sure you have alot of money to defend your self, because I will be coming knocking on your door with a set of very unpopular papers.

As far as Hezi, if any one defames or slanders me on your site I will name you as a defendant for encouraging that kind of behaviour. I will go back through the archives and If I read any thing slanderous or defamatory, on your site, put aside 200k for legal bills- You Will need it! I promise.

Make sure there is no slander or defamation. Even if its border line, I will challenge it, so be careful.

Free Speech not Defamation and slander>

Now if there is some one who has something to say that is slanderous and would like to say it to my face, here is my address,
240 North Ave. New Rochelle, NY 10801.
914-576-1481. I am all ears. I respect a person who says something to some ones face.

I love the fact that you people cant get me and the Guardian out of your minds.
That just confirms that we are doing something right.

God Bless and keep blogging.

Good Night

Sam Zherka

[sam zherka]

Sam Zherka
I promise all six or seven of you maggots, that I will go to trial, and that all the defendants in all these law suits will pay a very heavy price.

Now about this Yonkers Tribune site, keep it clean, no defamation or slander. If you cross the line, make sure you have alot of money to defend your self, because I will be coming knocking on your door with a set of very unpopular papers.

As far as Hezi, if any one defames or slanders me on your site I will name you as a defendant for encouraging that kind of behaviour. I will go back through the archives and If I read any thing slanderous or defamatory, on your site, put aside 200k for legal bills- You Will need it! I promise.

Make sure there is no slander or defamation. Even if its border line, I will challenge it, so be careful.

Free Speech not Defamation and slander>

Now if there is some one who has something to say that is slanderous and would like to say it to my face, here is my address,
240 North Ave. New Rochelle, NY 10801.
914-576-1481. I am all ears. I respect a person who says something to some ones face.

I love the fact that you people cant get me and the Guardian out of your minds.
That just confirms that we are doing something right.

God Bless and keep blogging.

Good Night

Sam Zherka

Read the May 31 reply to Zherka from the Manhattan District Attorney in the Tribune's May archive. The date is May 31. Mister Bogdanos doesn't think very much of Selim Zherka. Could it be Mister Zherka is getting very nervous? Mister Free Speech Zherka is Mister Intimidation. MiIster Bogdanos is not about to be intimidated, and neither is free speech by the likes of Mister Selim Zherka.