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Monday,
August 9,2004
Headlines---
Pictures
from the Past---1987---Jeffrey Taylor
Archives-
$2 million fraud case—Advance Rentals
RW
Professional Leasing Continues to Move to One Trial
######## surrounding the article denotes it is a “press
release”
-------------------------------------------------------------------------------
Correction---to
story: Dash is a “Wog.”
Evidently you are
a “Wog” until you cross the equator.
This from
my son:
“No longer a Wog....
Hooray!
“The crossing the
line ceremony is where a sailor who has not crossed the equator is referred
to as a "Wog"--- after the ceremony with King Neptune and
his royal scribe, Davey Jones, you are put forth the royal court and
dubbed a Shellback !!! “
Honorable Shellback
Dash Menkin
On the internet,
I found this definition:
In the U.S. Navy, when
a ship crosses the equator a time-honored ceremony takes place. This
is a Navy tradition and an event no sailor ever forgets.
With few exceptions, those who have been inducted into the "mysteries
of the deep" by Neptunus Rex and his Royal court, count the experience
as a highlight of their naval career. Members of Neptunus Rex's party usually include Davy Jones, Neptune's
first assistant, Her Highness Amphitrite, the Royal Scribe, the Royal
Doctor, the Royal Dentist, the
Royal Baby, the Royal Navigator, the Royal Chaplain, the Royal Judge,
Attorneys, Barbers and other names that suit the party.
Officially recognized
by service record entries indicating date, time, latitude and longitude,
the crossing of the equator involves elaborate preparation by the "shellbacks"
(those who have crossed the equator before) to ensure the "pollywogs"
(those who are about to cross the equator for the first time) are properly
indoctrinated. All pollywogs, even the Commanding Officer if he has
not crossed before, must participate.
A Golden Shellback is
one who has crossed the equator at the 180th meridian.
This is called a SHELLBACK certificate. It signifies a sailor crossing the Equator. This navy tradition is known as "Crossing the Line". In order to receive this certificate, 1st time crossers or "WOGS" (short for Pollywogs) must endure hardships inflicted upon them by veteran crossers that have been through the ceremony before known as "Trusty Shellbacks".
http://www.leasingnews.org/archives/August_2004/8-06-2004.htm#dash
Classified
Ads----Sales
Atlanta,
GA.
15 years BD experience
in small/mid ticket leasing. Strong cross section book of business w/extensive
customer base of
Email: flowageman@aol.com
Bakersfield,
CA.
I have an extensive sales and management background in equipment leasing. My work history exhibits my major strength in small ticket equipment leasing.
Email: pangress@msn.com
Boston,
MA.
Middle market originator,
construction/Trucks /
Trailers w/ 8 years in territory, looking for company / bank with competitive products
Email: mrichlease@comcast.net
Cedar
Rapids, IA.
Formally trained
in Credit, Collections, & Sales with regional bank. Seeking sales
or sales management. Over ten years in SM,
Email: mjrprime@yahoo.com
Cedar
Rapids, IA.
Formally trained in Credit, Collections, & Sales with regional bank. Seeking sales or sales management.
Over ten years in SM, vendor and end user.
E mail: mjrprime@yahoo.com
Central,
NC.
7 yrs.equip leasing &finance; specialist in heavy construction equip for 2-top-5-specialty finance/lease companies, NC &VA territories. $10-15MM annual funding. Downsized in 2002, now independent broker with varied customer base.
Email: sunriseleasing@aol.com
Chicago, IL. 12+ yrs multinational/ national sales & business development. Seeking role with captive lessor or global leasing company. Will relo right opportunity. Experience structuring complex transactions.
Email: leasingismylife@yahoo.com
Dallas,
TX
30 years lease experience.
Looking for Lender wanting to get into the Electronic Market can bring
11 years experience with national
vendors and customers.
Email: alpnb@msn.com
Denver
CO.
Experienced Equipment Leasing Broker looking for a in house leasing company. Can bring a book of business with me or develop new territory where needed.
Email: Steven@eagle2.net
Denver,
CO.
17 yr sales exp.. in leasing sales (territory, National Accts, Sales mgt.) looking to bring experience to s sales/sales mgt role. Successful, accountable, ethical, aggressive, results.
Email: lease442000@yahoo.com
Detroit
Mi
5 yrs sales experience in IT small ticket leasing/Greenbelt Certified with Fortune 100 company/strong communication and negotiation skills/book of business
Email: available.scottpoko@comcast.net
Greensboro, N.C.
Seeking direct & broker sales w/major finance companies in NC or southeast market. Small to mid-ticket range. Stable &family oriented. Will have series 6,63,65 license shortly.
Email: kc1492@aol.com
Kansas
City, MO.
15+ years in finance/leasing
industry, extensive knowledge in sales and management. Specializing
in construction,
Email: Financerep@aol.com
Kansas
City, MO.
20 years Senior Sales/Management experience in small ticket/government leasing. Program Management experience, managing 12 Reps. Credit Auth to $50K. Success in soliciting and maintaining accounts.
Email: dhundley1@kc.rr.com
Los
Angeles, CA.
12+years Leasing sales, underwriting/contract exper. including hi-tech, govt, direct & vendor leasing. Seeking role w/institution or captive. Exper. w/ complex transactions, including securities. Possible relocation.
Email: rahlease04@hotmail.com
Louisville,
KY
27 years veteran of the construction, machine tool, manufacturing and transportation market. Located in Louisville , KY willing to transfer for the right company. Looking for full time employment with base and benefits.
Email: jim_jrd@msn.com
http://64.125.68.90/LeasingNews/Resumes/James%20Denhard%2004-CT%20Resume.pdf
http://64.125.68.90/LeasingNews/Resumes/Cover%20Letter%2004.pdf
Mission
Viejo, CA
Account Sales Executive with 10 years of leasing experience looking for company to bring
existing customer
base.
Email: makelly21@hotmail.com
Montgomery,
AL.
Individual with 10
years advertising sales exp. & 7 years insurance sales exp. Wants
independent contractor situation in Alabama.
E-mail: billmcneal2003@yahoo.com
Nashua,
NH.
10+ years sales experience small & mid-ticket hi-tech & telecom in a captive and vendor environment. Seeking new sales opportunity in New England.
E-mail: RPepa@aol.com
Orange
County, CA.
Skilled deal-closer
at above-average rates. Entrepreneurial. Accomplished lease-structurer
specializing in transportation. Exp. in direct/ captive & syndicator
environments servicing vendors, brokers, & end-users. Email: originator@sbcglobal.net
Philadelphia ,
PA Seeking an open
opportunity to advance in the automotive, commercial leasing & finance
industry
Email: alexe362002@yahoo.com
Prairie Village, KS
Have substantial deal flow and database of broker referral sources. Generated and closed over $22M LY. Seeking exclusive relationship w/direct founder.
Email: fiergl@aol.com
Princeton, NJ:
Regional Sales Manager: Last 15 years with captive. Knowledgeable in all aspects of leasing. Application to funding. Worked with 25 salespeople - east coast.
Email: denisregan@msn.com
San
Bernardino, CA.
Account executive
w/4 years exp. in small ticket &lower end middle market lease transactions,
Outstanding ACT database compiled of over 500 vendors. Seeking a career
driven position w/a reputable lessor
Email: moneytoloan@hotmail.com
San
Francisco Bay Area, CA
10+ yrs in middle market leasing. Seek direct lessor only. Transaction size from $500M to $10.0MM. Client base: printing, food, retail, manufacturing.
Email: edm173@sbcglobal.net
Sales: SF
Bay Area, CA.
15+ yrs--mid mkt. $500M to $10.0MM. Seeking role w/ captive or global leasing firm. large book to bring with me! Debt, tax, 1st amendment, etc.
Email: lac4002@yahoo.com
San
Francisco, CA.
18 years of sales production, the last 10 in technology leasing to both traditional and emerging growth credits. Seeking direct funder. I can close for you!
Email: bamrborges@msn.com
South
Central U.S.
TX, OK, KS &
AR Territory.
Equipment finance
and leasing professional,
20 years experience.
Top producer in middle
to upper middle markets. Extensive customer base.
Email: leasingrep2004@yahoo.com
Tampa, FL.
27 years experience. Very adept in bank lease programs and direct sales in MM/LT. Looking to re-enter the industry. Will relocate to Texas. Hungry.
Email: cwilliams@triit.com
Full list at:
http://64.125.68.90/LeasingNews/JobPostings.htm
Pictures
from the Past---1987---Jeffrey Taylor
From
a 1985 ad in the Western Association of Equipment Leasing
Newsletter:
Open
this package and discover the first and only lease training tool you'll
ever need. Designed by leasing professionals, The Leasing Coach opens
you to new training horizons. Whether you are a novice or a seasoned
professional, The Leasing Coach lends you a hand. Our all-in-one solution
provides real-life examples, multiple challenge levels and original
color graphics to stimulate and excite you.
Play
The Leasing Coach and make lease training:
Fun
- Learn leasing and have fun at the
same time.
Fast
- Learn
at your convenience on your own PC.
Factual
- Learn
from equipment leasing professionals.
Friendly
- Learn
on a one-to-one basis.
Look
at these innovative features:
Let's
Get Started -
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Leasing
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- covering all aspects of equipment leasing.
Leasing
Dictionary -
encompassing the most commonly-used leasing terms.
Leasing
Superbowl
- training like you've never seen before.
The
most innovative PC-based training software ever designed for the equipment
leasing industry, The Leasing Coach will save you money, increase productivity,
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Intelligently
priced at $795.00. Call our toll-free number, and order yours today!
1-(800) OK COACH. In North Carolina call (704) 377-6203.
Design
your own lease training pro gram with The Leasing Coach.
Copyright
(c)1985 Jeffrey Taylor 8e Associates, Inc. All rights reserved.
If
you missed our review of Jeff’s new book, please go here:
http://www.leasingnews.org/archives/August_2004/8-06-2004.htm#gent
“I give Jeff Taylor
a huge congratulations.”
Deborah J. Monosson
President
Boston Financial & Equity Corporation
1260 Boylston Street
Boston, MA 02215
617-267-2900
http://www.bfec.com
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Archives-Aug
9,2000- $2 million fraud case—Advance Rentals
LeasX executives
indicted; little recovered so far by FBI
Spokane _ Two men
indicted for allegedly swindling five companies out of almost $2 million
go to trial Monday in U.S. District Court in Spokane.
The pair, Michael
D. Booth and Louis R. Bories, are accused of using the money for lavish
lifestyles, including chartered jets, $37,000 mountain bikes, hotel
suites and Mercedes-Benz cars.
A 12-member jury
will be asked to decide if the businessmen are guilty of 105 counts
of wire fraud, money laundering and unlawful monetary transactions.
The two were executives
of LeasX Inc., a Spokane-based business that began operating in 1997.
LeasX advertised
nationally and took "advance fees" from struggling companies,
promising to find investment capital or equipment.
The LeasX executives
were indicted on charges of fraudulently obtaining $1,969,000 from five
businesses.
A federal grand jury
and FBI agents spent almost two years in an attempt to retrieve assets,
including two missing Mercedes.
FBI agents recovered
only $1,951 in cash and seven pieces of jewelry from Booth's fiancee,
a standout volleyball player at Gonzaga University.
Booth, 38, and Bories,
29, were arrested by FBI agents in January 1999, culminating an investigation
begun the previous year.
A month before their
arrests, Booth and Bories formed another company, Angular Communications
Inc.
The two businessmen
said that company would create 200 new jobs in Spokane with a telemarketing
operation in a 70,000-square-foot former bank on East Sprague.
But by then, FBI
agents and a federal grand jury were investigating Booth, Bories and
LeasX.
Booth -- who is a
semipro golfer -- moved to Spokane in the mid-1990s on federal supervised
release after serving 18 months in prison for a $620,000 fraud scheme
in Sacramento.
The FBI began its
investigation of his new company, LeasX, when a Rock Hill, S.C., business,
Irvine Flexible Packaging, reported losing $250,000 in four separate
payments.
The South Carolina
company was promised that by paying the advance fee, LeasX would help
the business find a "master lease" line of financing for $5.3
million worth of equipment, court documents say.
The defendants "provided
nothing to the victim," and Irvine Flexible Packaging lost its
$250,000, court documents allege.
Its owner, Bruce
Irvine, is expected to be among the first of 40 prosecution witnesses
called to testify.
The trial is expected
to last at least two weeks. It had been postponed several times at the
defendants' request.
During the past 19
months, Booth has had five lawyers. He is now represented by attorney
Jeffry Finer.
"We're looking
forward to complete exoneration," Finer said Friday.
In a trial memorandum
prepared for Judge Edward Shea, Finer argues that the "operation
of LeasX was never intended to defraud the alleged victims."
Finer said the conduct
of Booth and Bories "was not fraudulent."
The alleged victims'
leases were near completion, had been postponed or were subject to refund
when the government indicted the two men, Finer said. But Assistant
U.S. Attorney Tom Rice said in court filings that Booth and Bories were
involved in a conspiracy to obtain money by "fraudulent pretenses,
representations and promises."
"It was part
of the scheme that the defendants, operating through a corporation known
as LeasX Inc., offered financing and leasing of equipment and financing
in the form of loans," Rice said.
The defendants received
advance fees "typically representing prepayment of the first and
last month lease or loan payment," Rice said. The payments were
sent to the defendants' bank account by interstate wire transfers.
Wire fraud counts
accuse the men of defrauding Crawford Forest Products, of Hillman, Mich.,
out of $96,036, which was an advance fee for a $3 million master lease
line of credit.
Besides the $250,000
obtained from Irvine Packaging, the LeasX executives are accused of
obtaining $124,552 from Avigen Inc. after promising that California
company a $5 million line of credit.
Quad-Cities Construction
Inc., of Lewiston, gave LeasX $450,613 for a $5 million lease. Quad-Cities
got a $100,000 refund from LeasX after the FBI investigation was begun.
The fifth victim,
21st Century Telesis Inc., a high-tech California telecommunications
firm, was bilked out of $965,000 by LeasX, the federal indictment alleges.
Investigators say
Booth bought expensive jewelry and mountain bikes, chartered private
jets and lived for extended periods at a downtown hotel.
He also rented a
limousine to take the Gonzaga University women's volleyball team to
a pizza place, associates say. Booth was engaged to player Nicole Lamoure,
of Garden City, Calif. The two got a marriage license in Spokane County
a year ago.
Bories has been out
of jail on a $50,000 bond. He will be represented by Deputy Federal
Defender Gerald Smith.
Booth has been held
in jail without bond until recently, when the judge approved releasing
him to live in a halfway house so he could spend time preparing for
his defense.
-----------------------------------------------------------------------
Economic
Events This Week
Tuesday
August
10
U.S.
Productivity: 2nd Quarter
Federal
Reserve Meeting
Wednesday
August
11
Federal
Budget: July
Thursday
August
12
Inventory-Sales
Ratio: June
Retail Sales: July
Weekly Jobless :Claims
Friday
August
13
Balance
of Trade: June
Producer
Prices: July
NorVergence
Action Lines
Creditors
NorVergence has filed
Chapter 7 on July 14, 2004. Since the company is declaring bankruptcy,
it will be necessary for you to file with the Bankruptcy Court. Contact the United States Bankruptcy Court at 1-973-645-4764 to
request a Proof of Claim form. The case number is 04-32079. Chief Judge
Rosemary Gambardella has been assigned to this case. The last date to
file a claim is November
29, 2004.
It is necessary for
you to file the complaint with us
and a Proof of Claim
with the Bankruptcy Court in
order to fully protect
your rights.
For more information,
please go here:
http://two.leasingnews.org/loose_files/NorVengence_court_docs.pdf
Employees
It is recommend you
also file with the bankruptcy court,
plus with the New
Jersey Department of Labor and Wages
( or the state in
which you were employed by NorVergence,
although most were
in New Jersey.)
Although it is very unlikely that NorVergence as a corporation
will have any assets,
if any, at all, there is a fraud case
against the "owners"
under way in regards to wages
and benefits for
employees. ( although the owners may have
been a "trust,"
the individuals who were officers may have
liability--although
the main "owner" was not an officer,
he may be included
in the suit.)
This is from the
New Jersey Department of Labor and Wages:
“Although the company
is declaring bankruptcy, we will
likely proceed against
the owner as an individual. If
you have not filed
a wage claim form, please feel free
to complete the attached
forms. If you or your fellow
workers have any
information that would indicate there
was any intent to
defraud by the owner, please include
this information
when you return the complaint form.
The completed form
may be returned to the address
indicated on the
form.
“I hope you will
find this information helpful and if
you need anything
further, please contact Donald Povia
at 609-984-3008.”
Cathy Ossmann
NJ Department of
Labor and Workforce Development
Division of Wage
and Hour Compliance
(609) 292-1704
Lessee/Debtor:
If you are a business
and are seeking help with your system, or legal
“Anyone can register for free to get a user ID & password at
http://www.telecomagent.org/Member.htm.
About a quarter of
the time people have problems which can be overcome as follows:
“New TAA UserID &
Password Not Working?
Problem 1: The first
confirmation email you receive from TAA regarding your registration
contains a link that you have to click on. The link you click on may
not work properly if it was "broken in two" by the email.
If this seems to be the case then just "cut & paste" both
halves of the link into the address bar of your browser & then hit
enter.
“Problem 2: The userID
you choose for yourself should be ONE WORD with NO SPACES. If you choose
a userID with capital letters or spaces, just reregister choosing a
one work , all lower case password.
“If the information
above doesn't help, please send an email with your COMPLETE CONTACT
INFORMATION to kb@telecomagent.org and TAA will manually re-register
you within 24 hours.
“Thanks for your
continued support.
Sincerely,
Dan Baldwin
206-203-6115 x2
Telecom Agent Association
Founder & Editor-at-Large
31500 Grape Street
#3-307
Lake Elsinore, CA 92532
909-494-4257 Fax
TelecomAgent.org
URL
--
Lessor/Funder
At this date, none
of the leasing companies have made a “partnership” or “joint effort” as
the Telecom Agents Association has.
If there is news
Advice to Lessee/Debtor:
It is Leasing News
advice that lessees continue to make your leasing
Don’t listen to any
attorney or other legal advice about not making
Leasing
Industry Help Wanted
Account
Executive / Small ticket leasing account reps
|
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Credit-Funding-Operations
|
Credit Analyst: Seeking an energetic and organized Credit Analyst. At least one to two years of experience as a Credit Analyst in financial services (banking, insurance, leasing, or mortgage) is required. Funding Manager: Seeking a very organized, detail oriented Funding Manager. Minimum two years experience in brokering and discounting commercial equipment transactions is required. Operations Manager: Seeking an experienced Operations Manager with knowledge of all sides of operations. Must have a minimum of five years related experience. Send
email or fax to Ryan Johnson, Corporate Recruiter. |
|
|
Equipment Finance Sales Executive
|
|
Marketing Indirect Origination
 MARKETING INDIRECT ORIGINATION: New York. One of the largest ind. equip.lessors needs motivated, self-starter to purchase single investor leases from institutional investors; min.transaction $1 million; portfolio of primarily investment grade lessees/good "story credits". Min 3 yrs exp. sourcing/ originating leasing transactions, knowledge of credit and pricing. E-mail: jobposting1@leasingnews.org |
Senior Contract Specialist
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----------------------------------------------------------------------
RW
Professional Leasing Continues to Move to One Trial
Trial to begin October
14,2004
U.S. v. RW Professional
Leasing Services Corp.
2004 WL 1746078
E.D.N.Y.,2004.
Aug. 5, 2004.
2004 WL 1746078 (E.D.N.Y.)
--- F.Supp.2d ---
United States District
Court,
E.D. New York.
UNITED STATES of
America,
v.
RW PROFESSIONAL LEASING
SERVICES CORP., also known as "Professional Leasing
Defendants.
No. 02 CR 767(ADS)(MLO).
Aug. 5, 2004.
Roslynn R. Mauskopf,
United States Attorney, by Geoffrey R. Kaiser, Assistant U.S. Attorney,
Central Islip, NY.
Frankel & Abrams,
by Stuart E. Abrams, Esq., of Counsel, New York, NY, Attorneys for the
Defendant RW Professional Leasing Services Corp.
Stephen L. Cohen,
Esq., Chatham, NY, Attorney for the Defendant Barry Drayer.
Jerald Rosenthal,
Esq., Ghent, NY, Attorney for the Defendant Roger Drayer.
Grossman & Rinaldo,
by Paul J. Rinaldo, Esq., of Counsel, Kew Gardens, NY, Attorney for
the Defendant Adam Drayer.
Gotlin & Jaffe,
by Daniel Gotlin, Esq., of Counsel, New York, NY, Attorneys for the
Defendant Susan Cottrell.
John S. Wallenstein,
Esq., Mineola, NY, Attorney for the Defendant Myrna Katz.
Terrence P. Buckley,
Esq., Islandia, NY, Attorney for the Defendant Stephen Barker.
MEMORANDUM OF DECISION
AND ORDER
SPATT, District Judge.
*1 This case involves
charges of conspiracy to commit bank fraud, wire fraud and money laundering.
Presently before the Court are the following motions: (1) a motion by
the defendant Myrna Katz ("Katz") to suppress certain statements;
(2) Katz's motion for severance of her case and a separate trial pursuant
to Rule 14 of the Federal Rules of Criminal Procedure ("Fed. R.Crim.P");
and (3) a motion by the defendant RW Professional Leasing Services,
Inc. ("PLS") for reconsideration of the Court's Memorandum
of Decision and Order dated May 4, 2004.
I. BACKGROUND
The background of
this case is incorporated in the Court's memorandum of decision and
order dated May 4, 2004. Familiarity with that decision is assumed.
The defendants RW Professional Leasing Services, Inc. ("PLS"),
Rochelle Besser, Barry Drayer, Roger Drayer, Adam Drayer, and Susan
Cottrell (collectively, the "PLS defendants") operated a medical
equipment financing company, in which they arranged financing for the
leasing of medical equipment by medical providers and supplied these
providers with working capital loans. PLS apparently obtained loans
from financial institutions for the purported purpose of purchasing
medical equipment that would be leased to medical providers. In many
instances, the leases and the medical equipment served as collateral
for the loans. The second superceding indictment ("indictment")
charges, among other things, that PLS devised a scheme to provide the
financial institutions with sham documentation creating the false impression
that the medical providers were leasing equipment from PLS.
The indictment further
charges Katz, a former Branch Manager for the Bank of New York, with
conspiring with the PLS defendants to defraud certain lending institutions
by executing false escrow agreements for the PLS defendants, and with
violating other criminal statutes relating to unauthorized bank loans.
In addition, the indictment charges the defendant Stephen Barker with
participating in the bank fraud conspiracy through his company, Carefree
Financial Services ("Carefree"), which brokered financing
for medical providers through PLS. The indictment charges that Barker
created false purchase invoices in the name of a sham entity known as
Medpro Equipment Company in order to make it appear as if PLS had purchased
medical equipment from Medpro for the benefit of medical providers.
II. DISCUSSION
A. Motion by Katz
for Severance and Separate Trial
The defendant Katz
moves for severance and a separate trial pursuant to Rule 14 of the
Federal Rules of Criminal Procedure. Katz contends that being tried
together with the co-defendants would likely result in a jury verdict
against her, even absent specific proof that she herself was directly
involved in the conspiracy. Katz claims that she had nothing to do with
the PLS defendants and that she would be "tarred with the same
brush and prejudiced by the association with them" if she is compelled
to stand trial with those defendants.
*2 Courts have repeatedly
held that, generally, defendants who are indicted together should be
tried together. See United States v. Ventura, 724 F.2d 305, 312 (2d
Cir.1983) (citations omitted). Joint trials "promote efficiency
and 'serve the interests of justice by avoiding the scandal and inequity
of inconsistent verdicts.' " Zafiro v. United States, 506 U.S.
534, 536, 113 S.Ct. 933, 122 L.Ed.2d 317 (1993) (quoting Richardson
v. Marsh, 481 U.S. 200, 209, 95 L.Ed.2d 176, 107 S.Ct. 1702 (1987)).
Indeed, the Second Circuit has supported joint trials, noting that:
It would impair both
the sufficiency and the fairness of the criminal justice system to require
... that prosecutors bring separate proceedings, presenting the same
evidence again and again, requiring victims and witnesses to repeat
the inconvenience (and sometimes trauma) of testifying, and randomly
favoring the last-tried defendants who have the advantage of knowing
the prosecution's case beforehand.
United States v.
Salameh, 152 F.3d 88, 115 (2d Cir.1998) (quoting Richardson, 481 U.S.
at 210).
The decision to grant
or deny a motion for severance is committed to the sound discretion
of the district court. Salameh, 152 F.3d at 115. Pursuant to Rule 14,
"a district court should grant a severance only if there is a serious
risk that a joint trial would compromise a specific trial right of one
of the defendants, or prevent the jury from making a reliable judgment
about guilt or innocence." Zafiro, 506 U.S. at 539. Defendants
are not entitled to severance merely because they may have a better
chance of acquittal in separate trials. Id. at 540; see, e.g., United
States v. Martinez, 922 F.2d 914, 922 (2d Cir.1991). Furthermore, Rule
14 does not require severance even when sufficient proof of prejudice
exists. United States v. Haynes, 16 F.3d 29, 32 (2d Cir.1994). Rather,
"limiting instructions often will suffice to cure any risk of prejudice."
Zafiro, 506 U.S. at 539.
Here, severance is
not necessary or required. The Court finds that the evidence that will
be introduced against Katz would not be so prejudicial as to warrant
severance under Rule 14. "That one defendant's role in the conspiracy
may have been smaller or less central than that of certain other co-conspirators
does not mandate a separate trial." United States v. Vega, 458
F.2d 1234, 1236 (2d Cir.1982), cert denied, 410 U.S. 982, 36 L.Ed.2d.
177, 93 S.Ct. 1506 (1973). In addition, in this case, the indictment
alleges that Katz was directly involved in the alleged conspiracy to
commit fraud. Even if the Court severed Katz's trial from that of her
co-defendants, much of the same evidence would inevitably be introduced
at both trials. See id. ("Evidence at the joint trial of alleged
co-conspirators that, because of the alleged conspiratorial nature of
the illegal activity, would have been admissible at a separate trial
of the moving defendant is neither spillover nor prejudicial.").
*3 Furthermore, to
cure any possible prejudice, the Court will either redact evidence or
provide the jury with limiting instructions to the extent that the evidence
against one defendant may not relate to another. These limiting instructions
will advise the jury that it must "give separate consideration
to each individual defendant and to each separate charge against him."
Zafiro, 506 U.S. at 541 (citations omitted). Accordingly, because Katz
has not demonstrated that there is a serious risk that a joint trial
would compromise a specific trial right or prevent the jury from making
a reliable judgment about guilt or lack of guilt, her motion to sever
her trial from the remaining defendants is denied.
B. Motion by Katz
to Suppress Statements
Katz also moves pursuant
to the Sixth Amendment to suppress her statements made on January 13
and February 13, 2003 during two pre-indictment interviews with the
FBI, IRS, and other government agents while she was represented by inside
and outside counsel for the Bank of New York. The Sixth Amendment provides
that "[i]n all criminal prosecutions, the accused shall enjoy the
right to ... have the Assistance of Counsel for his defense." U.S.
Const. Amend. VI. In addition to this right, the Court has long recognized
that "the right to counsel is the right to effective assistance
of counsel." McMann v. Richardson, 397 U.S. 759, 771, n. 14, 25
L.Ed.2d 763, 90 S. Ct 1441 (1970). In her motion, Katz contends that
her prior attorneys were "irreconcilably conflicted," and
acted as ineffective counsel by allowing her to make incriminating statements
against herself.
Katz concedes that
she voluntarily appeared at both scheduled interviews, and both parties
acknowledge that Miranda is not applicable because Katz was not in custody
at either meeting. See People v. Morris, 59 A.D.2d 153, 155, 398 N.Y.S.2d
274 ("Miranda is not applicable to a non-custodial interrogation.").
Nevertheless, Katz contends that she was deprived of her Sixth Amendment
right to effective counsel because her prior attorneys' employment by
the Bank of New York presented a significant conflict of interest. The
defendant maintains that she relied on her previous attorneys' advice
when they encouraged her to speak freely to law enforcement agents without
the protection of a standard proffer agreement, and that the only appropriate
remedy currently available is suppression of those statements.
However, the Court
notes that the Sixth Amendment right to effective assistance of counsel
attaches only after "the initiation of adversary judicial proceedings,
such as arraignment or filing of an indictment." United States
v. Edwards, 342 F.3d 168, 182 (2d Cir.2003) (citing United States v.
Yousef, 327 F.3d 56, 140 (2d Cir.2003)) (citations omitted). At the
time of the interviews, no charges had been filed against the defendant
and no adversary judicial proceedings had begun. Thus, the Sixth Amendment
right to counsel had not yet attached. See Kuhlmann v. Wilson, 477 U.S.
436, 91 L.Ed.2d 364, 106 S.Ct. 2616 (1986) (stating that adversary judicial
proceedings begin when a defendant is arraigned). The Court therefore
holds that the defendant Katz was not denied her Sixth Amendment right
to effective assistance of counsel. Accordingly, the Court denies the
motion by Katz to suppress the statements made during the interviews
at FBI headquarters on January 13 and February 13, 2003.
C. Motion for Reconsideration
and Discovery Requests by PLS
*4 PLS moves for
reconsideration of the portion of the Court's May 4, 2004 Memorandum
of Decision and Order which denied the defendants' motion to order the
Government to provide all statements and Grand Jury testimony of PLS
employees. In the PLS's first motion, they requested that the Court
order the Government to produce any statements of the defendants, including
employees of PLS, in accordance with Rule 16 of the Federal Rules of
Criminal Procedure, which entitles the defendants to discovery materials
that the government intends to introduce at the trial or that is material
to their defense. Fed.R.Crim.P. 16(a)(1). In response, the Government
represented that it would produce the statements of all prospective
witnesses three days prior to the trial. The defendants' request for
an order to produce Rule 16 materials was denied, as the Court determined
that it had no basis to conclude that the Government would do otherwise
with regard to its Rule 16 obligations.
To preserve scarce
judicial resources and to avoid piecemeal litigation, a motion for reconsideration
is "narrowly construed and strictly applied so as to avoid repetitive
arguments on issues that have been considered fully by the Court."
Dellefave v. Access Temps., Inc., No. 99 Civ. 6098, 2001 U.S. Dist.
LEXIS 3165, at *1 (S.D.N.Y. Mar. 22, 2001); see also In re Houbigant,
Inc., 914 F.Supp. 997, 1001 (S.D.N.Y.1996) (A Rule 6.3 motion is "not
a motion to reargue those issues already considered when a party does
not like the way the original motion was resolved"). In addition,
"a party in its motion for reargument may not advance new facts,
issues or arguments not previously presented to the court." O'Brien
v. Bd. of Educ. of Deer Park Union Free Sch. Dist., 127 F.Supp.2d 342,
345 (E.D.N.Y.2001).
Here, PLS argues
that, under Rule 16(a)(1)(C), they "are entitled to pretrial production
of any statement or Grand Jury testimony of any of its directors, officers,
employees, or agents, insofar as the person was either able to bind
PLS with respect to the subject matter of the statement, or was personally
involved in the alleged conduct constituting the offense and was able
to bind PLS with respect to that conduct." PLS urges the Court
to reconsider its prior decision because the Court did not refer to
Rule 16(a)(1)(C), and instead referred only to materials that the Government
intends to introduce at trial or that are material to the defense. In
addition, the defendant contends that producing statements of prospective
witnesses three days before trial is insufficient to satisfy the Government's
obligations under Rule 16(a)(1)(C).
However, the Court
notes that Rule 16(a)(1)(C) "only requires that the Government
afford defendants an opportunity to inspect the documents it intends
to introduce at trial." United States v. Greyling, No. 00 CR 631,
2002 U.S. Dist. LEXIS 4502, at *7 (S.D.N.Y. Mar. 18, 2002) (citing United
States v. Nachamie, 91 F.Supp.2d 565 (S.D.N.Y.2000)). In the prior decision,
the Court considered the applicability of Rule 16(a)(1)(C) and expressly
referred to "Fed.R.Crim.P. 16(a)(1)," which encompasses the
rule at issue. PLS therefore does not raise any issues of fact or law
overlooked by this Court that would alter the Court's Order with regard
to this issue.
*5 Nevertheless,
the Court does reconsider its prior decision with regard to its determination
that the Government is permitted to comply with its obligations under
Rule 16(a)(1)(C) three days before trial. Because of the voluminous
documents for discovery and preparation for trial, the Court finds that
fair play necessitates that the defendants be permitted more time to
examine the Government's production of statements of all prospective
witnesses. So that the defendants are afforded more time to adequately
prepare for trial, the Court grants the motion for reconsideration by
PLS only insofar as the Court orders the Government to produce such
statements on or before September 14, 2004, or a period of one month
before the trial in the event the trial is adjourned.
In addition, PLS
seeks an Order from the Court directing the Government to, among other
things, provide the defendants with additional discovery materials and
itemizations of documents. At the July 30, 2004 conference, PLS informed
the Court that this discovery request was no longer necessary. As such,
the Court denies the request as moot.
III. CONCLUSION
Based on the foregoing,
it is hereby
ORDERED, that the
motion by Katz for severance of her case and for a separate trial is
DENIED; and it is further
E.D.N.Y.,2004.
U.S. v. RW Professional
Leasing Services Corp.
2004 WL 1746078 (E.D.N.Y.)
To see previous stories,
please go to:
http://www.leasingnews.org/Conscious-Top%20Stories/RW_stories.htm
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News
Briefs----
It's Not Just the
Jobs Lost, but the Pay in the New Ones
http://www.nytimes.com/2004/08/09/business/09jobs.html
All eyes on Fed after
bad market week
http://www.boston.com/business/articles/2004/08/08/all_
eyes_on_fed_after_bad_market_week/
Fed still expected
to raise rates
http://www.usatoday.com/money/economy/fed/rates/2004-08-08-fed_x.htm
Fewer college students
choose computer majors
http://www.usatoday.com/money/industries/technology/2004-08-08-computer-science_x.htm
How the office copying
machine influenced civilization
http://www.boston.com/business/articles/2004/08/08/
how_the_office_copying_machine_influenced_civilization/
------------------------------------------------------------------------------
Sports
Briefs---
Elway, Sanders, Eller
and Brown enter Hall of Fame
http://www.theredzone.org/news/showarticle.asp?ArticleID=1398
http://www.nytimes.com/2004/08/09/sports/football/09fame.html
Jeff Gordon Ties
the Record for Victories at Indianapolis
http://www.nytimes.com/2004/08/09/sports/othersports/09nascar.html
--------------------------------------------------------------------------------
“Gimme
that Wine”
2004: A California
vintage to remember?
http://www1.pressdemocrat.com/apps/pbcs.dll/article?AID=
/20040805/NEWS/408050330/1033/NEWS01
Winery sale revives
Scharffenberger label
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/08/05/WIGEO826K41.DTL
Rosenblum Cellars
inks five- year deal for storage warehouse at Alameda Point
http://www.timesstar.com/Stories/0,1413,125~1486~2315672,00.html
Stronger winery demand
for grapes signals emergence from economic trough
http://westernfarmpress.com/news/8-5-04-stronger-windery-demand/
New Wine Country
Maps Cover California’s Central Coast
http://www.winespectator.com/Wine/Daily/News/0,1145,2559,00.html
Tips for protecting
bottles when it's hot enough to pant
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/08/05/WIGS78205T1.DTL
Are wine corks becoming
another thing of the past?
http://www.lgwt.com/lgwine2.shtml
This
Day in American History
Web:www.elvis-presley.com.
1607-History
records the first “ Thanksgiving Worship Service” at Phippsburg, Maine,
by colonists on “ The Gift of God” and the “Mary and Jahn,” who landed
at “ St. Georges Illand” under the leadership of George Popham. Services
were held by the Reverend Richard Seymour, “ gyvinge God thanks for
our happing metinge & saffe arval into the country.”
1673-
The Surrender of New York was demanded by a Dutch force of 23 ships
and 1600 men anchored near Sandy Hook. They held possession of the colony
until February 9, 1674, when the English regained control.
1854 Henry David Thoreau publishes "Walden", an American
classic and is
about
living in “nature, “ but there is no debate he wrote a series of 18
essays, alleged
on his two years spent close to nature. The book stresses simplicity
and holds that happiness is not be had by pursuit of wealth. Descriptions
of plants, bird, and animals are interspersed with reflections on life
1814-General
Andrew Jackson singed the Treaty of Fort Jackson, ending
http://memory.loc.gov/ammem/today/aug09.html
1842-Before
the UC declared its independence, the annexation of Canada appeared
to be
1862-
in the Battle of Cedar Mountain, VA., near the Rappahannock R. northwest
of Richmond, Confederate troops under Gen. Stonewall Jackson, planning
a move northward in advance of Gen. Lee’s larger forces, defeated two
full brigades of Union forces led by Gen. John Pope and Gen. N.P. Banks.
Badly outnumbered, the Union Army suffered 2381 killed or wounded, the
Confederates, 1276.
http://www2.cr.nps.gov/abpp/battles/va022.htm
1878
- The second most deadly tornado in New England history struck Wallingford
CT killing 34 persons, injuring 100 others, and completely destroying
thirty homes. The tornado started as a waterspout over a dam on the
Quinnipiac River. It was 400 to 600 feet wide, and had a short path
length of two miles.
1892-
Thomas Alva Edison of Newark, NJ, filed a patent on the most practical
two-way telegraph. It enabled two telegraph operators to send over one
were simultaneously. Edison received many patents for many inventions
and his biography is fascinating to read.
1916-The
first Japanese beetle appeared in Riverton, NJ. Its grubs were believed
to have arrived in the roots of imported nursery stock.
1930-Betty Boop debuts in Max Fleischer's animated cartoon Dizzy
Dishes.
1936
- Jesse Owens became the first American to win four medals in one Olympics.
Owens ran one leg of the winning 400-meter relay team in Berlin. His
three other gold medals were won in the 100-meter, 200-meter and the
long jump events.
1938-Benny
Goodman Orchestra, on a CBS Camel Caravan show from New York City, plays
its first Eddie Sauter arrangement, “Bolero.”
1941—
Baritone sax player/arranger/producer Willie Henderson birthday
http://allmusic.com/cg/amg.dll?p=amg&sql=Bmve097q7krdt
1942-Birthday
of drummer Jack DeJohnette, Chicago, IL.
1944---Top
Hits
I’ll Be Seeing You
- The Tommy Dorsey Orchestra (vocal: Frank Sinatra)
Amor - Bing Crosby
Swinging on a Star
- Bing Crosby
Is You is or is You
Ain’t (Ma’ Baby) - Louis Jordan
1945,-Three
days after the atomic bombing of Hiroshima, an American B-29 bomber
named Bock’s Car left its base on Tinian Island carrying a plutonium
bomb nicknamed “Fat Man’ Its target was the Japanese city of Kokura,
but because of clouds and poor visibility the bomber headed for a secondary
target, Nagasaki, where at 11:02 AM, local time, it dropped the bomb,
killing an estimated 70,000 persons and destroying about half the city.
Memorial services are held annually at Nagasaki and also at Kokura,
where those who were spared because of the bad weather also grieve for
those at Nagasaki who suffered in their stead. August 14 President Harry
S. Truman announced the “unconditional” surrender of Japan.
V-J Day was August 15. August 30 General MacArthur landed in Japan
with occupational forces. September
2 the formal document of surrender was signed about the U.S. Miss our
in Tokyo Bay.
1947-Birthday
of Barbara Mason, Philadelphia, PA.
1952---Top
Hits
Walkin’ My Baby Back
Home - Johnnie Ray
Auf Wiedersehn, Sweetheart
- Vera Lynn
I’m Yours - Don Cornell
Are You Teasing Me
- Carl Smith
1960-Race
riot in Jacksonville Florida
1960---Top
Hits
Itsy Bitsy Teenie
Weenie Yellow Polkadot Bikini - Brian Hyland
It’s Now or Never
- Elvis Presley
Image of a Girl -
Safaris
Please Help Me, I’m
Falling - Hank Locklin
1961- James B Parsons is the first black appointed to the Federal
District Court.
1963-Birthday
of singer Whitney Houston, born Newark, NJ.
1968---Top
Hits
Hello, I Love You
- The Doors
Classical Gas - Mason
Williams
Stoned Soul Picnic
- The 5th Dimension
Folsom Prison Blues
- Johnny Cash
1969
- "Hot Fun in The Summertime", by Sly and the Family Stone,
and "Easy to Be Hard", from the Broadway production "Hair",
were released on this day. "Hot Fun" made it to number two
on the music charts (10/18/69) and "Easy to Be Hard" climbed
to number four (9/27/69).
1969
- Cult leader Charles Manson and his disciples committed one of Los
Angeles’ most heinous crimes. They entered the home of movie director
Roman Polanski and brutally murdered Polanski’s wife (actress Sharon
Tate), movie director Voityck Frykowski, famous hair stylist Jay Sebring,
student Steven Parent and coffee heiress Abigail Folger.
1969
- A tornado hit Cincinnati OH killing four persons and causing fifteen
million dollars property damage. The tornado moved in a southeasterly
direction at 40 to 50 mph.
1971
- LeRoy Satchel Paige, one of baseball’s pitching legends, was inducted
into the Baseball Hall of Fame in Cooperstown, NY.
1971-the
first airport baggage scanning system that converted electronic data
to a visible X-ray format was the Pep-720 baggage X-ray system manufactured
by Princeton Electronic Products, New Brunswick,NJ. The US. army had
it installed at the Army’s Picatinny Arsenal
1974-
Richard Milhous Nixon’s resigned from the presidency of the US, which
he first announced in a speech to the American people Thursday evening,
August 8, and it became effective at noon.
Nixon, under the threat of impeachment as a result of the Watergate
scandal, became the first person to resign the presidency.
He was succeeded by Vice-President Gerald Rudolph Ford, the first
person to serve as vice-president and president without having been
elected to either office. Ford granted Nixon “full, free and absolute
pardon” September 8,.1974. Although Nixon was the first US president
to resign, two vice presidents had resigned earlier in history: John
C. Calhoun, Dec. 8, 1932, and Spiro T. Agnew, October 10,1973. 1989,
President George Herbert Walker Bush appointed Colin Luther Powell chairman
of the Joint Chiefs of Staff. He became the first African-American appointed to this position.
Powell, born in New York City in 1937, served from 1987 to 1989
as national security advisor to President Ronald Wilson Reagan.
In 1989, he was promoted to four-star general, thus becoming
the highest-ranking African-American
officer up to that time. During his service as chairman, he oversaw
the 1991 Gulf War military campaign.
He resigned in 1993. He was appointed Secretary of State by President
George Walker Bush in 2001.
1976---Top
Hits
Don’t Go Breaking
My Heart - Elton John & Kiki Dee
Let ’Em In - Wings
You Should Be Dancing
- Bee Gees
Golden Ring - George
Jones & Tammy Wynette
1981
- Major-league baseball teams resumed play at the conclusion of the
first mid-season players’ strike. The first game on the schedule following
the bitter strike was the All-Star Game. The National League won the
game 5-4. 72,086 diehard baseball fans (a record) came out to see the
game at Cleveland’s cavernous Municipal Stadium -- and welcome the players
back.
1984---Top
Hits
When Doves Cry -
Prince
Ghostbusters - Ray
Parker Jr.
State of Shock -
Jacksons
Mama He’s Crazy -
The Judds
1987
- Florida baked in the summer heat. Nine cities reported record high
temperatures for the date, including Jacksonville with a reading of
101 degrees. Miami FL reported a record high of 98 degrees.
1988
- President Reagan nominated Lauro F. Cavazos to be secretary of education.
Cavazos was the first Hispanic in U.S. history to be named to a cabinet
position. On Sep 20, 1988, he was unanimously confirmed by the U.S.
Senate. President George Bush (I) asked him to continue as Secretary
following the Nov 1988 election and he remained in that position until
resigning in December 1990.
1988-After
a postponement the night before, the first night game in Wrigley Field
saw the Chicago Cubs defeat the New York Mets, 6-4.
1989---Top
Hits
Right Here Waiting-
Richard Marx
On Our Own (From
"Ghostbusters II")- Bobby Brown
Batdance (From "Batman")-
The Artist
So Alive- Love And
Rockets
1990-The
US Navy formed a naval blockade and all export of oil from Iraq and
Kuwait was cut off. August 10, at a meeting in Cairo, 12 of the 21 member
nations of the Arab League voted to support the UN and US Actions. It would not be until November 29, that the UN Security Council
voted to authorize the US and allies to use force to expel Iraq from
Kuwait, it its troops did not leave by January 15, 1991. by the end
of 990, 580,000 Iraqi troops were believed to be in Kuwait or southern
Iraq. Facing them were 485,000 troops of 17 allied
countries, an armada of ships, carriers, jets based
in Italy, Turkey,
and many other surrounding countries, and guided missiles with video
cameras
1994---Top
Hits
Stay (I Missed You)
(From "Reality Bites")- Lisa Loeb
I Swear- All-4-One
Fantastic Voyage-
Coolio
Wild Night,-John
Mellencamp With Me Shell Ndegeocello
1995-Grateful Dead singer, guitarist and
spiritual leader Jerry Garcia dies of a heart attack while undergoing
drug rehabilitation at Forrest Farm, Marin County. He was 53.
http://www-2.cs.cmu.edu/~mleone/dead.html
1999---Top
Hits
Genie In A Bottle-
Christina Aguilera
Tell Me It s Real-
K-Ci
Bills, Bills, Bills-
Destiny s Child
All Star- Smash Mouth
1999 - “On a grand night for hitters, pitchers got
slammed,” as AP sports writer Ronald Blum put it, “for the first time
in 129 years of major league baseball, five grand slams were hit in
one day.” 1) Fernando Tatis (St. Louis Cardinals), 2) Jose Vidro (Montreal
Expos), 3) Mike Lowell (Florida Marlins), 4) Bernie Williams (NY Yankees)
... 5) Jay Buhner of the Seattle Mariners, being the last to hit the
slam, actually set the record.
2003---Top
Hits
Crazy In Love- Beyonce
Featuring Jay-Z
Right Thurr- Chingy
Never Leave You -
Uh Ooh, Uh Oooh!, Lumidee
P.I.M.P.- 50 Cent
Baseball
Poem
THE
MAN WHO GAVE ALL THE DREAMERS IN BASEBALL LAND
BIGGER
DREAMS TO DREAM
by Michael J. Farrand
Every
dreamer out in Baseball Land dreams the same big dream
He's
hurting in the dugout, when he's called to save his team
In
the bottom of the ninth, two outs, the count 3-and-2
He'll
step in and with one swing, the impossible he will do
'Twas
the 1988 World Series, opening night
The
L.A. Dodgers had a shot at global bragging rights
They
faced America's greatest team, and her most athletic
Canseco
and McGwire made their chances seem pathetic
Doubts
grew with the great shadows cast by the broad Oakland A's
Those
left in the sad Dodgers camp found nothing to do but pray
Down
4-to-3 to Oakland in their last chance with the bats
Eckersley's
appearance on the mound surely meant "That's that!"
They
scan the dugout for their hero, he who makes it happen
They
see instead his teammates' faces, drawn tightly ashen
They
know after Scoscia comes a patsy then the pitcher
This
pathetic line-up holds not one heroic hitter
Where
was the man who saved them oh so many times before?
Vin
Scully in the broadcast booth proclaims the hapless score
"The
spearhead of the Dodger offense all throughout the year
Will
see no action here tonight, because he's just not here!"
Watching
the game from the training room, legs encased in ice
He
wants so badly to play, but the trainer says "No dice!"
With
a torn left hamstring, and a stretched right knee ligament
The
Dodgers greatest slugger would be lucky he could limp
But
hearing Vin Scully's words, appearing to seal his fate
Kirk
Gibson throws off his ice packs, hoping it's not too late
"Set
up a batting tee, get Tommy Lasorda in here!"
He
shouts with all bravado—heroes like these show no fear
Gibson
struggles to his feet as Scoscia pops to shortstop
The
left leg goes from under him, he hears the right knee pop
Lasorda
waddles up the tunnel, Kirk says "I can hit!"
"You
serious?" "Dead serious!" as he teeters a bit
"Making
me sit out the game here is a fate worse than death!"
Lasorda
mumbles "God Almighty!" under his short breath
"Don’t
you want me?" the great slugger cries, trusting all to fate
"Damn
right I want you", he mutters. "Just make your entrance late!"
By
now Hamilton has struck out, leaving them but once chance
The
second-worst hitter in the park sets into his stance
Our
grievously wounded hero now gingerly takes strides
Down
the lonely tunnel, his east-and-west limps hard to hide
In
a rare moment of weakness, Eck gives Davis the walk
Down
destiny’s path our hero must stumble without balk
An
impossible dream fills his mind, no bad thought enters in
It’s
down to him and Eck, and the Dodgers are going to win!
The
crowd goes stark raving mad, welcoming their hero in
Stadium
dwellers stomp and shout, creating an earthquake din
Here’s
the man, the only man, to save them from this peril
(Even
though he is stumbling in, like some drunken devil)
His
practice swings are herky, jerking his numb legs to life
To
them it seems that each rotation stabs him like a knife
Their
slugger has not faced real pitching in three whole days
But
waves and waves of adulation wash his pains away
His
teammates celebrate, knowing the power of this man
To
fight against impossible odds and make things right again
But
after suffering his first two wincing, fouling swings
They
lament the 0-2 count, and face the sad state of things
Mike
Davis steals second base, as was signaled by his coach
Lasorda’s
doubts that Gibson can do it prompt such a poach
Clearly
he cannot come around on Eck’s fast-pitched balls, and
A
pained run down the line proves he can't push off or land
"This
is just where I want to be!" all baseball dreamers think
But
when they consider reality, their vain hopes sink
Wannabe
heroes in the stands put childish dreams aside
It’s
on this broken-down warhorse all Dodger hopes now ride
Mighty
Gibson, for his part, goes into survival mode
If
he can’t hit the fast ones, he will wait for something slow
Battling
back with anything to avoid impending rout
With
the count 3-and-2, from the batter’s box he steps out
Amidst
the pandemonium, the huzzahs, and the shouts
He
remembers Mel Didier’s words, that sage Dodger scout
"In
this situation, when Eck's facing a left-hander,
As
sure as you're breathing, pardner, it’ll be backdoor slider!"
He
steps back in on tenterhooks, guessing at the next pitch
Eck
winds, curls, and releases the ball, all without a hitch
Gibby’s
swing is something ugly, an army-wristy stab
His
wrenching follow-through suggests he won’t survive the jab
Somewhere
baseball fans groan, while tossing peanuts in their beer
Somewhere
a manager’s fired for flubbing a chance so dear
Somewhere
red-lighted car-fulls are pleased they left so early
Somewhere
else the loyal fans are rewarded with glory
"High
fly ball into deep right field—she is GONE!" Scully smiles
Then
for a few eternities, the rabid fans go wild
As
the Dodgers charge the field in jumping jubilation
Kirk
hobbles round the bases, pumping fists in elation
Though
the ball flew in the air three hundred and eighty feet
It
could be said it rolled forever as the A’s it did beat
It
paralyzed their big bats and demoralized the team
And
all the dreamers in Baseball Land can now dream bigger dreams!
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