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untanglingwebs
El Supremo
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There are dozens of stories out there in the community, however Killbreath falls back on his defense of Eric Mays. Killbreath even made a vague reference to trying the Flint Police in the media. He also mentioned trying the case in the Morning Gazette Radio Show. The trial will resume Friday.
To listen to this story everyone is a liar except Mays. Mays and Killbreath allege a conspiracy involving Scott Kincaid, Darnell Earley, Dayne Walling, Bryant Nolden and the Flint Police. Killbreath called for Chief Tolbert to arrest the cops involved.
He reiterated the denture defense. Killbreath had a lawyer from Oakland state dentures could have an impact on a breathalyzer because the alcohol can become trapped in the dentures. However, can the jury just take Mays' word for this with no expert testimony. Is this just a theory? .
Last edited by untanglingwebs on Tue Jul 29, 2014 7:56 pm; edited 3 times in total |
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Tue May 27, 2014 8:06 am |
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untanglingwebs
El Supremo
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Conspiracy Theory #1
Someone drugged me at the party. Now it has gone from someone to Councilman Bryant Nolden. Nolden and several others hosted the party.
Mays now alleges he received his last free drink from Nolden and that drink
was drugged.
Needless to say, Nolden is furious. The Mays interview is on line and Nolden states he intends to sue for slander. Nolden does not drink and the party had designated bartenders.
Last edited by untanglingwebs on Tue May 27, 2014 2:55 pm; edited 1 time in total |
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Tue May 27, 2014 8:23 am |
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untanglingwebs
El Supremo
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Conspiracy Theory #2
Someone had a tow truck haul the vehicle backwards while Mays was in a drugged stupor. They then dropped the vehicle along the side of the road. Mays claimed he woke up to see cars coming at him. Another version was he could not figure out why the car would not move so he got out to see what the problem was. That was when the police pulled up. |
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Tue May 27, 2014 8:29 am |
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untanglingwebs
El Supremo
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Cop tells jury: Flint councilman cursed police, admitted to drinking and driving
Print Ron Fonger | rfonger1@mlive.com By Ron Fonger | rfonger1@mlive.com
on May 22, 2014 at 1:00 PM, updated May 22, 2014 at 1:05 PM
FLINT, MI -- City Councilman Eric Mays admitted to drinking and driving after crashing the car he was driving before his Nov. 30 arrest, two police officers testified in Flint District Court Thursday, May 22.
Mays, who is acting as his own attorney, is facing five misdemeanor charges including drunken driving and possession of marijuana.
He did not make an opening statement to jurors as his trial opened, but told Judge Nathaniel Perry that the judge had undermined his ability to defend himself by ruling potential exhibits and witnesses as not relevant to the charges against him.
"I have a strategy ... The heart of it has been ripped out," said Mays, who sought to subpoena Flint Emergency Manager Darnell Earley and City Attorney Peter Bade.
"This is not going to be politicized," Perry told Mays, who has clashed with Earley since he was elected to City Council last year.
Special Prosecutor Michael J. Gildner told jurors Thursday that Mays admitted to police that he had been drinking and driving in the early morning hours of Nov. 30.
Gildner said police found Mays talking on a cell phone outside a damaged car that was facing the wrong way on I-475 in Genesee Township at about 3 a.m. Nov. 30.
Flint police were also called to the scene because the accident appeared related to a reported wrong-way driver and accident that occurred in the city of Flint.
Former Genesee Township police Officer Alexander Knopp testified that Mays was initially polite and respectful when police arrived at the scene, telling him he had been celebrating his election at a former union hall.
The silver four-door Chevrolet Mays admitted to having driven was leaking fluids, had sustained damage to the body and had a broken axle, a flat tire and two tires missing, Knopp said.
Knopp said Mays had slurred speech and rambled in his conversation, telling him he had "messed up" and needed help keeping the incident quiet.
After Flint police arrived and patted down Mays, the councilman started cursing and became "angry and hostile," the officer said.
Mays challenged Knopp, the first witness in the case, about his testimony during cross-examination.
Flint police were expected to testify today in the case, and Gildner said the case could go to the jury later in the day.
Post Thu May 22, 2014 2:08 pm |
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Tue May 27, 2014 8:31 am |
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untanglingwebs
El Supremo
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Conspiracy Theory #3
The Flint Cops are guilty of perjury and need to be fired,
Despite testimony regarding a 911 call reporting a car going the wrong way, both Mays and Killbreath allege there was no 911 call and the police are lying. Mays hangs his story on the fact that one office was a rookie.
Both officers testified Mays referenced Don Williamson and drinking Grey Goose vodka. Killbreath pointed out Williamson does not party hearty and drinks only wine. Williamson was not at the party. Mays alleges the reference was because the car belonged to the Williamson dealership.I got the impression Mays believed the Don Williamson attribution was to play on a perceived dislike of the current Flint administration to Williamson.
The officer stated he requested insurance documents. According to Killbreath Mays called him a liar. Mays now claims he had the insurance document in his wallet. Mays states the car was insured through the dealership. Killbreath said Mays sometimes sells a car for the dealership. Patsy lou Williamson pulled Mays cars after he filed a recall, said Killbreath.
Killbreath stated the police testified Mays said he was drinking to celebrate a victorious recall. Killbreath then said the recall was a week after the party. After referencing the problems with the recall having a wrong seal and other issues, Killbreath was on a roll.
According to Killbreath, the other edia got it wrong. He said Ron Fonger of the Journal ran out of hours and a rookie took over. killbreath was amused at how Mays kept making comments that the judge over ruled because at least the jury herd them. |
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Tue May 27, 2014 8:56 am |
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untanglingwebs
El Supremo
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Conspiracy Theory #4
The UAW forced Manley to withdraw from the case. The theory put forth in the show was that the UAW refused to endorse in the race for Judge where Frank manley's wife Jennifer was a candidate. Therefore it was politics that made him leave.
This is wild as rumors were floating around that Don Williamson was paying for the legal representation of May. |
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Tue May 27, 2014 9:01 am |
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untanglingwebs
El Supremo
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Killbreath is rejoicing in the attention his post regarding a "major corruption" story made. Listeners had to be disappointed to ony hear the same old tired defense of Mays.
I have been told Mays was drinking Grey Goose vodka. However, I was told it was with a group involving former councilman Ed "Monty" Taylor. The two are long time friends.
Photos were circulated on Facebook of a drunken Mays on his knees trying to get helped up. Killbreath is trying to locate a video that alleges Mays was down on the floor sucking a woman's toes.
Killbreath says Mays claims he was called to come to the party. Another version says Mays called the person at the door and asked if he could come to the party without money.
Killbreath is not unbiased in this matter. He said he ailed Mays out of jail and Mays had no water or television in his home on Mackin. he moved into his mother's home in the first ward. |
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Tue May 27, 2014 9:20 am |
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untanglingwebs
El Supremo
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Mike Killbreath I'm not sure I buy the tow truck story because why would his so-called political enemies risk a witness seeing them take his vehicle?
Mike Killbreath Judge Perry refused to allow Mays to call Councilman Nolden as a witness, and would not allow the conspiracy theory to be put forth as a defense. I reported that Councilman Nolden denies giving Mays a free drink at the party. He did, however, admit to ...See More
Mike Killbreath If Mays continues acting as his own attorney on Friday when the trial resumes, my guess is that there will be a guilty verdict by the jury. Mays needs an attorney to bring proper motions to dismiss charges, based on evidence that is lacking. That's how a half dozen lawyers saw it after watching parts of the trial. The only hope for Mays is that the Special Prosecutor dismisses the charges after realizing his officers made what appear to clearly be untrue statements in regard to celebrating a recount victory that had not yet happened. That's a difficult hurdle for the Special Prosecutor to wrestle with in his mind when he tests ethics he is bound by under law, in relation to that sad fact of this case.
Mike Killbreath I will write a blog on this case when I get back to a computer.
23 hours ago · Like
Chris Frye Mike, just because the recount did not occur until the week after Mays' arrest does not preclude the possibility that he gave that excuse to the police officers.
23 hours ago · Like
Mike Killbreath How could he say he was celebrating a recount victory if the recount had not yet taken place?
Mike Killbreath ... and out drinking Grey Goose with Don Williamson at 3 am? Close friends of the Don say he hasn't been out at 3 am in years! The man is 80! And out partying with the likes of Eric Mays at 3 am at Industrial and Leith? Not believable.
Mike Killbreath As one caller to the Dan & Brenda show confirmed today as I was listening in the van on the way to a 10:30 meeting ---- he said I was correct about The Don not drinking anything except expensive wine, so as he said .... "If the Drink Don't Fit, You Must Acquit!"
Chris Frye It still doesn't preclude the possibility that Mays said it. If you happen to be under the influence of something, whether voluntarily ingested or not, chances are good you'll say almost anything to a policeman that pulls you over.
Mike Killbreath So you are saying that Eric Mays is so brilliant that he admitted drinking and driving, then predicted the future as a visionary to say he was out celebrating with Don Williamson, drinking Grey Goose to celebrate the recount victory --- all to get thes...See More
Chris Frye Simple solution. Subpoena Williamson to testify.
Mike Killbreath Don Williamson was not there. Checked with people who were there.
Chris Frye Not relevant, Mike. The simple solution remains.
23 hours ago · Like
Mike Killbreath Mays appeared to be under the influence of some type of drug, according to witnesses I've talked to about this. Even the 19-year veteran police officer testified to this fact. At a blood alcohol level of .10 --- that's not the kind of drunken level to ...See More
23 hours ago · Like
Mike Killbreath Reasonable doubt is all the defense case needs to present. I think Mays is presented it. Add the conflicting stories from the officers about a recount victory that had not yet happened, and I think this case has reasonable doubt if a real lawyer was on it. The question is whether or not Mays will let one of the many lawyers on the case since many want to do it for free because of all the publicity it's getting!
23 hours ago · Like
Chris Frye There's the rub. "Reasonable."
23 hours ago · Like
Mike Killbreath Reasonable doubt needs to be driven home by an attorney, not a guy defending himself who "does not know what he is doing" in the words of Judge Perry.
23 hours ago · Like
Mike Killbreath The breathalyzer test is out because he had dentures and they were allowed to stay in his mouth. He was inspecting 4 flat tires when Genesee Twp police arrived, so nobody saw him driving. The only 911 call was about a vehicle facing the wrong way on th...See More
23 hours ago · Like
Mike Killbreath As to possession of marijuana, no lab test. The prominent attorney on my radio show Friday said: "Case Dismissed." Mays needs to figure out how an attorney brings forth such a motion!
23 hours ago · Like
Mike Killbreath Insurance was on the vehicle. Mays says proof was in his wallet. He says they never asked. The rookie cop testified everything goes in his report. Mays asked him to show in the report where he was asked for proof of insurance. It was not there. There was insurance on the vehicle because it was owned by Patsy Lou's dealership. Case dismissed with an attorney to bring that motion.
23 hours ago · Like
Dave Huffman MAYS IS FREE TO SCOLD AND GO OFF ON KINCAID AND THE REST OF THE VILLAGE IDIOTS NOW!
23 hours ago · Like
Dave Huffman Take this comment back. Did not read the rest of your comments before I posted this Mike.
Mike Killbreath Very sad how some police officers describe what happened as "Testilying" which is where facts are added to make sure a bad guy is convicted. I don't agree. I think "tesitlying" is perjury. Whether you like Mays or not, whether you think he drove drunk or not .... you can't make untrue statements on the stand to get a conviction. The "recount victory celebration' was obviously fabricated because a recount had not yet taken place, so that's pretty good evidence that a story was manufactured to get a conviction. Don Willaimson would not out drinking with Eric Mays at 3 in the morning, drinking grey goose. He's a man of expensive wines. |
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Wed May 28, 2014 11:30 am |
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untanglingwebs
El Supremo
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Last week Mike Kilbreath chastised the FBI because several public corruption figures had not paid their fines. While Mike was right to be indignant, I think the fault lies with the courts and officials that allowed the corruption to occur.
United States of America v Pamela Loving Case # 13CR20454-1
Judge Mark Golsmith
\Pleaded not guilty to 1 count of 18 USC section 655(a)
misapplication of Workforce Investment Act funding91321.46
Total restitution $586,915.36 with o interest and no cost of supervision
Probation no prison
restitution to be repaid at $150 per month !!!!
Loving's co defendants shared in the joint restitution:
Helen Williams $ 240,675.79
restitution $50 per month
QB Pittman $ 91,321.46 |
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Thu Jul 03, 2014 8:21 am |
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untanglingwebs
El Supremo
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FBI built their case, but the court dropped the ball! These white collar criminals deserved incarceration.
There are more examples of wasted government funding and the government's failure to do their due diligence.
Last edited by untanglingwebs on Thu Jul 03, 2014 2:54 pm; edited 1 time in total |
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Thu Jul 03, 2014 8:23 am |
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untanglingwebs
El Supremo
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United States Bankruptcy Court
Eastern District of Michigan-Flint
in re: Joseph and DeAnne Giacalone v City of flint
Chapter 7
case # 05-35632-wsf Adversary Pro. No. 05-03241
Honorable Daniel Opperman
Judgement
The judgement obtained by the City of Flint in the Genesee County Court is non dischargeable in the amount of $145,000 of the amount loaned to OK Industries by the City of Flint. As of 2/6/2007 the amount , with interest was $198,178.86. |
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Thu Jul 03, 2014 8:38 am |
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untanglingwebs
El Supremo
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Giacalone appealed the bankruptcy Court decision. The decision was affirmed by the Honorable George Caram Steeh (case # 07-CV-10809) in the US District Court
Background
On August 14, 2002, Joseph and Deanne Giacalone executed a $8877,600.000 HUD ;section 108 loan and personal guarantees with creditor City of Flint on behalf of vinyl window manufacturer OK industries. The loan consisted of three components (1) $525,000.00 or working capital under section 108; (2) 4295,000.00 for fixed assets; and (3) $57,600.00 for working capital under an Economic development Initiative ("EDI") program. Under the terms of the loan, the Giacalones promised to relocate OK Industries from Lennon, Michigan to Flint, Michigan, and to hire Flint residents over a three year period. On March 28, 2005. Genesee County Circuit Court Judge Judith Fullerton entered judgment in favor of the City of Flint and against the Giacalones and OK Industries for $820,000.00 plus interest owing on the loan. The Giacalones filed for bankruptcy protection, and the City of Flint responded by filing an adversary proceeding alleging the entire judgment was non-dischargeable under 11 U.S.C. 523(a)(20(A) due to false representations or actual fraud, and non-dischargeable under 11 U.S.C. 523(a)(4) for fraud or defalcation while acting as a fiduciary or committing embezzlement or larceny . DeAnne Giacalone was dismissed from the adversary proceedings on summary judgment. |
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Thu Jul 03, 2014 9:00 am |
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untanglingwebs
El Supremo
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| Giacalone and City of Flint Economic Program Manager Glenda Dunlap each testified before the Bankruptcy Court during a bench trial. On February 6, 2007, the Bankruptcy Judge ruled that: (1) Flint failed to prove non-dischargeability under 523(a)(4); (2) Flint failed to prove non-dischargeability under 523(a)(2)(A) as to the $525,000.00 working capital portion of the loan for lack of justifiable reliance in that Flint was aware of Giacalone's difficulties in moving OK Industries to Flint when the parties executed the loan, and because Giacalone made good faith efforts to hire Flint residents; (3) Giacalone properly used $155,000.00 of the $295,000.00 fixed assets component to purchase machinery and to repair two welding machines. The Bankruptcy Judge also found that the City of Flint proved Giacalone had misappropriated $140,000.00 of the $295,000.00 fixed assets component of the loan to pay certain contractors as "stipulated" to in paragraph 8 of the stipulation of facts on record, "February 6, 2007 Tr, at 16, and that Giacalone "falsely represented to the City of flint the use of these [$140,000.00] funds in violation of [11 U.S.C. 523(a)(2)(A)]". The Bankruptcy Court held "that $140,000.00 which Giacalone personally guaranteed is excepted from discharge under [11 U.S.C. 523(a)(2)(A)" Id. This ruling f non-dischargeability is the subject of Joseph Giacalone's instant appeal. |
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Thu Jul 03, 2014 3:25 pm |
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untanglingwebs
El Supremo
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| .....To prevail on a claim of fraud under 523(a0(2)(A), the creditor must prove(10 the debtor made a material misrepresentation known to be untrue; (2) with intent to deceive; (3)that was justifiably relied upon by the creditor; and (4) a proximate cause of the loss, Id at 280,281. , including an examination of whether the creditor's conduct was insistent with an intent to defraud, Id at 282.intent is judged under a subjective stand , and is ascertained by the totality of the circumstances |
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Thu Jul 03, 2014 3:41 pm |
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untanglingwebs
El Supremo
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Giacalone's Arguments
Giacalone argues there is no evidence in the record to support a finding that he did not intend to use the $295,000.00 fixed asset component of the loan to purchase fixed assets at the time he signed the contract on August 14, 2002, and therefore the City of Flint failed to prve any of the elements of fraud: a false representation known to be false, that was material and relating to a past or existing fact, made ith intent to deceive, ustifiable reliance, or proximate caue of loss. Giacalone specifically argue that in August 2000, he was told the loan would close on November 10, 2000, and when it did not close, he was forced to apply for extensions and, in February 2001, to borrow $100,0000.00 from a private bank. Giacalone maintains that after the loan finally closed on August 14,2002, only $820,000.00 of the $877,000.00 loan was distributed through May 2003. Giacalone argues these delays and shortfalls caused him to use all of hia operating capital to pay debts before going out of business in 2004, which was the proximate cause of the loan loss. Giacalone points to an FBI investigation finding no fraudulent intent, which Giacalone argues should have been controlling in the Bankruptcy proceedings. Giacalone continues that there was o justifiable relaince by Flint because no credit check was ever made, Flint Economic program manager Glenda Dunlap knew of his worsening financial condition, Acting Mayor Darnell Early told Giacalone the loan was likely to default unless restructured, and the City of Flint Treasurer stated that "nobody' ever repays HUD 108 loans. Giacalone further argues that a purchase of real property is a purchase of "fixed assets", and therefore he properly spent the subject $140,000.00 toward refurbishing a building in Flint. |
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Thu Jul 03, 2014 4:09 pm |
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