Zherka’s Lawyer Asserts Edelman “Reeks of Fraud”

WHITE PLAINS, NY -- "The facts recited in Edelman’s Memorandum of Law are materially false,” asserts John Lovett, Sam Zherka’s legal counsel. “Edelman’s nailed!" Lovett continues in his email communication, “The motion for summary judgment should in all respects be denied with costs, and in the Courts discretion an award of attorney's fees against Edelman personally. Read the documentation:  Download Edelman56MOLCOMPLETE.pdf

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Oh boy !This guy is in big trouble.

This is the first time anyone ever took this loud mouth on.

Over the years, empowered by political connections, thie fellow thought himself untouchable.

He's got to feel the hammer about to come down on him now.

What's really funny is the bull feathers in Zherka's motion. Ridiculous. It's throw a bunch of crap against the wall and hope something sticks.

Posters told Edelman Zherka was much more than a "limited purpose public figure." And he is. Zherka's arugment there is so weak it's laughable.

Zherka has brought up the topic of crime in his newspaper so the argument that he is not a public figure on the topic of crime is beyond silly.

At any rate he is a public figure due to his publishing and distributing the Guardian across the county so the whole line is a foolish argument to make in the first place.

Lovett is a lying, unethical scumbag. You never hear about the cases he is forced to dismiss under threat of sanctions. But I'll bet we hear all about this one when it blows up.

Edelman has the blogs. He should comment on whether anything at all is kosher in Zherka's filing. Anything. For just one example, do two words that begin with an "f" apply? Not the cuss word. But these two words represent bad conduct.

The rest of that Zherka excerise could qualify as bad fiction. He IS a public figure. Became one the day he first published the Guardian. The "Albanian" claim in that regard is a joke. Zherka is a full-fledged public figure, and he runs a strip club, and has web sites, and he has a public attack rag called the Guardian which accuses people falsely all the time. He also had a PAC he never registered, and he used it to attack Amicone with a bunch of lies. And they went after Davis in Mt. Vernon, too, and DiFiore, among many others.

Zherka has mouthed off on TV and in the papers many times. He is a public figure, and his close brother, Ali, is a criminal tied to the Albanian mob.

Ali has more than this in his background---but Ali Zherka was with two Albanian hood friends of his in the strip club Scores in '96 when his two pals murdered two people. All three fled. Ali was not a shooter, but his two friends were eventually convicted.

Ali Zherka is currently under indictment yet again. He has been in jail for more than 13 months now, awaiting trial on Federal charges relating to the Albanian mob. He also was in Federal custody when that October 3 comment was posted.

Ali Zherka's most recent arrest was reported in the NYC newspapers. He is facing up to 25 years if convicted.

It also is a matter of record that in the past SAM Zherka has bailed out his brother, Ali Zherka.

Now, Sam Zherka is claiming half the world conspired against him, Sam, with the Manhattan DA. That is so far out it could be on Neptune. But that is the defense Zherka is trying to set up to use if he is indicted.

The "public figure" status of Sam Zherka is beyond ANY doubt. But there is HUGE doubt or even worse about any number of other claims in those legal papers of Sam Zherka. Edelman has the blogs. Speak up, Edelman.

Zherka is a jerka. Hey folks, has anyone ever heard about mob figures running strip clubs? No? Yes? How about usually or often? Why, an Albanian mobster ran Sue's Rendezvous in Mt. Vernon until just a few years ago. Angelo DiPietro, now doing about 40 years. Put him into Google and read about him and his pals. Mt. Vernon too. That's interesting.

But wait, that doesn't mean Sammy is a bad guy. Not at all. Sammy is Mister Clean, of course. His very close brother...well, that is just a coincidence. Ali Zherka is just the black sheep and all that stuff. Sammy only tried to "be there" for him like a good brother would. Sammy is a sweetheart.

The Manhattan DA is only investigating poor Sammy because he and Edelman and DiFiore and Amicone and about six other people conspired to get Sammy. Those bad people! Poor Sammy is just a victim!

Hey Edelman

What is the topic of the Blog on 'Politics on the Hudson" that these papers are referring to?

All these blogs are still there, it's not hard to go and read them right now.

edelman gets what he deserves

you will note that at no time does zherka
attempt to demonstrate that the original
post that he complains about was made by
edelman..he cites a procedural rule of the court that I will let my attorneys dealwith
but there is no attempt by zherka to deal with the main issue which is that the oct
3rd post was made by me because it was not
he quotes other posters.notably ethan edwards but that is not me...this response
is pure bull...there is no post about
albanian mobsters made by the consutlant
on october 3rd..there is however a repetition of the quote AFTER IT APPEARED
IN THE ZHERKA SUITE TO PROVE IT WAS
NOT MADE..that is not a repeat of the
charge..it is a debate about who made it
if you read the zherka papers he does
everything possible to deflect from the
main point in the motion to dismiss which
is that the oct 3rd post was not and could
not have been made by the consultant
ie mike edelman...all the rest is fancy
noise to try and defeat the motion..whatever
ethan edwards said and whatever mob buster
said are their problmes..there are no
negative here ..just the facts and you
will note the complete papering over of
the anonymous post of october 3rd on the
tribune which they cannot rebut as not
coming from the consultant..because the
blog owner has already documented that was
not the source..it could be repeated after
the lawusit a thousand times in the context
of the debate as to who said it..that
is not the same as documenting who the author was in the first place

in short zheka's attorneys cannot deal with
the fact that their original papers reak with fraud...they don't have the ip address
of the poster..they are afraid to subpoena
the ip address because they know its not
edelman...and they are playing a tactical
game which any judge will see through
in about 30 seconds..even the other
quotes they attribute to the consultant
were made by others...the consultant merely
reacts to those quotes without giving
them credence..Lovett will be sanctioned
and so will zherka

if you read the footnotes, you will see that
they are releying on republishing ..the anonymous blog..that means they admit that
the blog originally published was anonymous
and not by edelman..it also admmits that the
republishing was not a charge made but an
effort to rebut the charge that edelman made
the comment..republishing is not making a charge..it is attempting to show that the
charge was anonymous..and you will note
that it is in a footnote which means
they don't really want you to get it..
and it was after the lawsuit was filed
and the lawsuit republished it by
itself so it was in the public domain
at that point and could be commented on
or discussed or republished by anyone
without any liability attaching..
you can republish what zherka had in
his lawsuit 5o times...it doesn;t matter
you are not repeating the charge you
are discussing it

SAM..WHERE IS THE PROOF THAT THE ORIGNAL
POST WAS MADE BY EDELMAN...YOU HAVE NEVER
SUBMITTED IT TO THE COURT..YOUR LAWYER
SIMPLY SAYS YOU DOWNLOADED IT..
HERE IS THE POST THAT WILL NAIL YOU
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, 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. At “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.

Bottom of page 3, top of 4. Boldface. Who supposedly said:

"THIS IS FRONT PAGE STUFF...IT IS A STORY THAT HAS LEGGS...BUT IT MUST BE ABLE TO BE FACT CHECKED BY THE MEDIA...YOU GET ME THE SOURCES AND I WILL MAKE IT HAPPEN."

Who allegedly said that? Is it real, or is it Memorex? It sounds hokey. And what if anything was edited out of it by Zherka? Mike Edelman, You have the info.

AGGRAVATE YOURSELF SAM..HERE IS THE POST
THAT i DIDN'T POST
TAKEN FROM THE ARCHIVES OF THE
YONKERS TRIBUNE
Posted by: | October 03, 2007 at 03:20 PM
The posters are right about Sam Zherka. His brother Ali has been arrested for assault and rape in the past, was involved in the SCORES murders and fled the country, and is now indicted as part of a federal RICO investigation involving Albanian organized crime. But Sam Zherka is the kingpin who runs this group. Ask the feds, who have been protecting him for years in exchange for info on other organized crime families. Sam Zherka and his gang went in and threw the mafia out of the VIP strip club on W. 20th street about a decade ago, and still run it today along with various other clubs, diners, bakeries – anywhere they can launder their ill gotten strip club cash from the IRS. They’re pretty feared, as muslim albanians go. His wife took a tax fraud arrest for him and went to federal prison for him. How did Sam repay her? By divorcing her. His sister has also been arrested. The poster is also right in the reason for the Robertson-Zherka unholy alliance. Zherka wants to open strip clubs around Yonkers Raceway. He supported former Yonkers Mayor Zaleski for the same reason. That’s how far back Zherka’s been trying to get into Yonkers. Birds of a feather….

WHO IS ANONYNOUS..MAYBE IF YOU TRIED
TO FIND THAT OUT YOU WOULD BE DOING SOMETHNG
CONSTRUCTIVE..BUT THIS IS WHAT YOU PUT
IN YOUR LAWSUIT SO YOU HAVE TO LIVE WITH IT
ITS A POST FROM THE TRIBUNE..BUT CLEARLY NOT
MADE BY ME

I see it now. Follow up to the 10:40 post. On page 9, they claim Edelman wrote that "leggs" post.

They also claim he lifted the Albanian king pin comment from Y-Trib and planted it on Lo-Hud.

But how can this Ethan Edwards be answering a posting (Albanian Kingpin) that Edelman swears never even appeared on LoHud?

Edelman is a lot more credible than Zherka.

What is Zherka trying to do here? I think that is a rhetrorical question. This seems to be a cut and paste and twist and turn job to confuse the court. It all sounds like bull...t or worse than that.

Hey Edelman: Even after Zherka's fantasy is posted here on this site, did you read it?

If you did, you sure as hell don't sound like you did. What is going on here is pretty obvious now. Suggest you start thinking. And read Zherka's papers carefully. Maybe something will jump out at you and go BOO! It should.

IMO Zherka is really, really desperate. That's a hint.

Edelman is out to lunch. Mike Edelman, they now are saying you took that post from the Tribune and put it on LoHud and posted it THERE as the Consultant. Get it? They are not saying you wrote it anymore. Get it? They changed their tactic. Does that tell you anything? They also are saying you wrote that "LEGGS, SOURCES, MEDIA" comment with it. Get that?

Can you put two and two togther? What school did you go to? Ding, Dong School?

Mike Edelman---They do NOT want to know who posted the October 3 comment on the Tribune. They do NOT. They now say YOU took it from the Tribune and pasted it onto the Journal News blog and claimed it as your own comment by putting it under The Consultant's screen name.

They say you are also the "LEGGS, FRONT PAGE.... MEDIA...SOURCES" poster. Was there ever such a "Leggs" post, Edelman? You have the blogs.

Read what Lovett wrote

"That simply is not the law as Gertz makes clear. Gertz, supra, at 351-2
(“Absent clear evidence of general fame or notoriety in the community, and pervasive involvement in the affairs of society, an individual should not be deemed a public personality for all aspects of his life. It is preferable to reduce the public-figure question to a more meaningful context by looking to the nature and extent of the individual’s participation in the particular controversy giving rise to the defamation"

So Lovett is trying to claim that the publisher of a WEEKLY newspaper that PROMIANTLY features front page articles regarding crime and criminal events is somehow NOT
A) Not “evidence of general fame or notoriety in the community”
B) “participating in the particular controversy giving rise to the defamation”

Are you kidding me?

Hey Jon, I think this brief is poorly written, and shows a complete lack of professionalism. Further I think the fact that you site just one legal precedent in your entire brief shows that you are not a good lawyer. Also I think the one precedent that you do cite proves the case AGAINST your client.

I am astounded at this low rent brief. WOW!! People PAY you for this garbage? It's hard to follow is confusing, does not make a good case for your client in my opinion.

[Sam Zherka]

the truth is the ultimate defense.

Stay Tuned for the facts

Janet Difiore, Matthew Bogdanos, Mike Edelman, Phil Amicone, Edmund Hartnett, John the Fibber Fleming, Dave Simpson, will not be happy when the truth comes out, I promise.

Thank You

Keep it clean, no defamation or slander.

Sam Zherka

The truth is already known, Jherka.

The truth is that you are a pathological liar and your legal documents are dreadful and amateurish and the word "fraud" comes to mind. What used car salesman drew them up for you?

You and your liar for hire don't know what the word "truth" means, Jherka.

"Sam, Sam, the garbage man
Pushes porn whenever he can
Makes the girls strip and pout
So the dirty old men can cheer and shout

Sam, Sam, the porno man
Debases girls whenever he can
Makes the girls cry and whine
Shoving veggies where the sun don't shine

Sam, Sam, the lawsuit man
Sues whenever, wherever he can
Has a lawyer who's just a jerk
Doing all of Sam's dirty work

Sam, Sam, the garbage man"

Posted by: | August 13, 2008 at 03:18 PM

Zherka web sites:

http://www.naughtynightlife.com/strip_clubs/new_york/profile.asp?id=3101

http://www.vipclubxxx.com/

http://www.casanovagold.com/

Note how the VIP Club link at the NaughtyNightLife page redirects to the Hustler web site.

Got to hand it to Zherka. Class all the way.

Posted by: | August 13, 2008 at 03:47 PM

BTW, instructions for taking screenshots:

1. Click on link to disgusting Zherka web page;

2. Hit "Shift" and "Prnt Scrn" keys;

3. Open up "Paint" or similar app;

4. Drag and drop "Edit" and hit "Paste";

5. Click on "File" and go to "Save As";

6. Name page something like "ZherkaPorn1" and save for posterity. Or email to people Zherka sued for no reason. Or maybe send as jpeg attachment to Federal Court.

Have fun, folks.

Frankly, this poster would enjoy seeing Zherka have to prove that the October 3 comment is false---because that is just what he would have to do. Can you do that, Selim? Legally, the burden of proof is on YOU as the plaintiff.

There is no doubt there is at least a fair, or even more, degree of truth in it. But is it ALL true, in particular the lines about Sam Zherka himself? Zherka would have to PROVE it all is false. Do that, Sam. Come on, do it. You have to do that under the law. Are you able to prove that comment is completely false?

And then, you also would have to prove that whoever posted it did so maliciously and with a reckless disregard for the truth. Can you also do that, Selim? You have to do that. Opinion: this poster believes you can't do any of what you would have to prove. By the way, Selim, all by itself the Manhattan's DA's investigation knocks down those very remote chances.

Then Sam, to add to the bullshit of your suits, you also would have to open your books, all of them, and your tax returns, to show damages. Ready for that?

But, of great importance, it is not a defamatory comment, anyway, because of Zherka's undeniable status as highly controversial public figure long before that comment was made on October 3, 2007. Zherka knows that too. This suit is just a smokescreen as Zherka flails about looking for a "political conspiracy" defense if he is indicted in Manhattan.

Edelman didn't write that comment, either. "Anonymous" did, but Zherka is suddenly changing course. He also no longer claims Edelman wrote it. Instead, he now claims Edelman took that comment from the Tribune and made it his own on the Journal News (Lo-Hud) site that same day, October 3, that it was first posted the Tribune. This poster believes this new Zherka claim is both DESPERATE and blatantly RIDICULOUS.

That is a big-time flip-flop by Zherka, and it is a complete turnaround from his original charges. This poster believes it is fraudulent. Further, it also will be very helpful to see whose screen name is really attached to that "MEDIA, LEGGS" and "SOURCES" comment. Zherka claims Edelman did it in conjunction with the October 3 comment.

That's more trash. Edelman doesn't talk like that either. And he has plenty of media sources of his own. He wouldn't need to make a post like that.

The question is....Did ANYBODY make that "Leggs" comment or did Zherka or his lieutenant Richard Blassberg dream it up and tack it on in another desperate attempt to get Edelman?

And...did "Edwards" (on Lo-Hud) really ask if that October 3 comment was from the Tribune? If that comment was never on Lo-Hud at all, how could "Edwards," on Lo-Hud, even be asking about it? So, is that "Edwards" comment real or fake, or is it in response to something else entirely?

Finally, where is that October 3 "Kingpin" comment itself? Lovett writes that ZHERKA downloaded it from Lo-Hud. ZHERKA! ZHERKA himself downloaded it! Ha! So where is it? Has it been produced? NO. Why not? Is that because ZHERKA didn't download it at all because it never existed on Lo-Hud in the first place?

This poster believes there is the strong possibility of severe sanctions and perhaps even worse heading Zherka's way. Let the Bar Association and the courts deal with Lovett. His conduct is dubious, too, in this poster's opinion.

Thanks for the support and advice guys..
the only issue is who wrote the original
blog..on the tribune...that is what the lawsuit is based on...as you know there is
a difference between claiming a blog is the
truth which was done on the tribune and then
re posting it later for discussonn purposes
after the lawsuit is brought..as tho who said it..don't forget the lawsuitw wasn't
filed until six monthis or so after the
Oct 3rd commment..and since I never made
the comment in the first place, whoever
re posted it BEFORE THE LAWSUIT WAS SERVED
was not me...after the lawsuit is a whole
different story because once the issue
is alleged in their own papers it can be
republished for the purpose of rebuttal
but in any event they cannot demonstrate
that there is a post on October 3rd from
the consultant on LOHUD, which they cannot
then the motion should be granted..what they
apppear to be doing is attempting to confuse
the court into thinking that ethan edwards;s
posts are edelman's ..frankly I am having
a hard time reading what it is they are
exactly relying on...but bottom line
is that zherka was a limited prupose public
figure the moment he announced citizens
against injustice which was prior to
the Oct 3rd post whomever made it
a post that does not exist, could not
be downloaded from LOHUD, and if it was
should have been produced to my attorneys
when it was requested

if you have any further thoughts I would
appreciate hearing from you...
you can call my law office 914-686-3700
and you will be directed to my cell..

thanks again