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Monday, July 19, 2004
Town Resorts To Abuse
Targets Feeble 86 Year Old Father of Oaths Project Coordinator June Maxam
Gerald Maxam can barely walk 25 feet without gasping for air, that is understandable for an elderly 86 year-old man whose worn out body and heart struggle daily. Yet recently, Mr. Maxam, father of June Maxam co-publisher of the Empire Journal and coordinator of the NYS Oaths Project must now face another battle.
The elder Maxam was informed yesterday by his granddaughter Becky Otruba that Walter Tennyson, Chestertown zoning administrator, informed her that Mr. Maxam must sign a document to correct what is being contested as a sunken leach field or face jail.
June Maxam in referring to officials in the town and Warren County stated, "This is pure harassment because I publish the corruption and challenge them to obey the laws. A public official first discusses my father's business in a hardware store with my niece who has absolutely no knowledge of what has and is transpiring in regards to my father’s business. It would appear," Maxam continued, "that there is a paper the town wants my father to sign, or go to jail. He hasn’t even seen this document.
In July of 2003 Maxam filed a small claims action in Chester Town Court against Betsey and Violet Johnson, adjoining property owners, and Betsey's Paramor, Robert Frechette Jr., in the amount of $3,000, for intentional and reckless conduct for placement of equipment/trailer so as to cause intentional damage to plaintiff’s septic system constituting a private nuisance and causing substantial interference with the private use and enjoyment of land. Such action created an abnormally dangerous condition and damage to plaintiff’s property.
"That claim has yet to be assigned a court date. Warren County Court judge Felix Catena whom I have challenged as not being lawfully entitled to sit on the bench for failing to abide by state law regarding his oath of office has refused to assign a judge to hear the matter. But the town has no problem threatening an 86 year old infirm senior with jail time." Maxam said pointing to the area where one has to look hard to see even a dip in the ground.
"You see, this entire situation is retaliation for, I suspect the Oaths Project where I have challenged the lawful jurisdiction of all involved –including the zoning administrator. Think about this, according to town records, there have only been two zoning tickets ever issued in the entire town, one of those to my father. Sure sounds like retaliation and selective enforcement … doesn’t it?" Maxam quipped, "especially at this particular time."
The case is in Chester Court before James McDermott who vacated his office by operation of law two years ago for failing to file his oath and bond.
The elder Maxam's zoning violation, a misdemeanor, is before McDermott and Cathy Radner, the town attorney, is prosecuting Mr. Maxam.
Thing is----June Maxam has pending litigation in state Supreme Court as the Oaths Project coordinator against the town of Chester in regard to McDermott's being a usurper in office----and Radner is representing him in that
"First of all, as his personal attorney representing McDermott and the town in the oaths litigation, now in the Appellate Division, Cathy Radner is ethically prohibited from having any case in Chester court before McDermott", June said.
"This is one of the lowest, most despicable abuses of government I have ever witnessed. They really want to shut me up and stop publishing the truth about how corrupt they all are, well they just hit the wrong nerve when they picked on my ill father…I’m a fighter and I’m not going away." Maxam shook her head in disbelief as she assisted her father to a chair.
In between labored breathing Mr. Maxam struggled to respond, "I don’t want to go to jail. They can’t do this to me."
posted by Vetzine