Today I was notified that the First Federal District Court of Appeals denied my request for a new trial bases on the courts negligence when handling my trial.
I had to hold off for a year and not get into details on how we lost the trial last March of 2013 in Boston Federal Court until I knew how my appeal was went, and today I found out.
Today, I will give you a brief overview but in my book on Verizon, I will get into more detail about the case and so much more.
Prior to last March (before my trial) we had to all sit with a former Federal Judge in mediation in Boston, to see if we can come to an agreement. She expressed to me that the Federal Judge that I had that will hear my case, Judge Nathaniel M. Gorton (who was nominated by President George H.W Bush on April 28, 1992) would never allow my case to be the victor. She stated that he does not favor discrimination cases, and you will lose when he proceeds over your case if he even lets your discrimination case be heard. She stated that I should take the $500,000 that Verizon wants to give me, shut all my sites down and walk away. My attorney and the attorneys from Verizon started the same on this Judge’s history as well and that I should do the same. It was not about the money to me, it was about keeping my voice and not giving them my life and what I made of.
To me, I found that to be a damn shame that a US Federal Court Judge has a poor history like this and I well known for denying or swaying certain types of cases like this, when in fact he’s supposed to never Judge a certain group or predetermining and outcome of a case plus denying ones justice – how sad. This is why many have lost faith in our corrupt justice system. Judgments are bought by the rich, powerful and famous. Major Corporations beat down the ones with no financial resources to seek the proper justice, and often companies like Verizon will call in a favor after donating millions to politicians granting them bought justice.
So going into my trial in March of 2013 we were up against a judge that already decided my cases, based on the conversation of a former Federal Judge and now a mediator, and two attorneys mine and Verizon.
Leading up to the trial on March 11, 2013, Verizon had put in several motions to dismiss my case in parts. I had a Discrimination case, a hostile work environment and a wrongful termination case against Verizon. All three cases were strong and over and over against for years leading up to my trial we won our judgments and all three will be heard in trial.
Verizon then took one more shot and challenged the motion of my discrimination part of my case to be thrown out and directed it to Judge Nathaniel M. Gorton, who Verizon knew he would throw it out. So on March 7, 2013 (that Friday before my trail was to start), I was notified that Judge Nathaniel M. Gorton had thrown out my Discrimination a major part of my case, and only allowed hostile work environment and a wrongful termination parts to be heard beginning on Monday March 11TH. It was a slam dunk for Verizon as the jury would not be able to hear any evidence from January of 2004 – February of 2006. Two years, and one month of brutal racist torment of what happened to me, prior to the leading up to my termination, will not be heard now with that decision. It’s like purchasing a 10 chapter book and starting in chapter 7, you will never understand what’s really happening, and this is what the Judge did. Judge Nathaniel M. Gorton knew he just determined the outcome to my case, and based on the prejudicial information I had already heard about this judge, it all came into place as planed as they stated it would.
Not only did Judge Nathaniel M. Gorton deny my case to have been heard as all the other Judges and motions were allowed prior to him, he placed a few more devastating roadblocks in our case to ensure I would never win my case.
The Judge advised my attorney that she had only “8 hours” to prove my case. This included opening arguments, cross examination, evidence from witnesses, and closing arguments. This forced my attorney to dismiss several witnesses for me, and had to rush through years of work in only a few minutes leaving out many critical things that needed to be shown. Each time she spoke, he would start a timer, and after she spoke he would tell her exactly how minutes she had remaining to prove her case.
On Monday, we had the jury selection. Now I first want to outline my family. My wife is white and she’s Irish. So this makes my children Cape Verdean and Irish. My children are both black and white (mixed). We’ve been together over 25 years and married for 22. I lived in Swansea my whole life besides when I went into the US Marines. I am in no way racist but I am knowledgeable of the fact of life and perception really matters.
So on Monday a jury was picked, and a jury of my peers as one would state. There were 11 white jurors and 1 woman from India. Many of these jurors were from the Boston area and of the Irish decent. The Verizon employees were also born and from the Boston area and were white Irish as well. Now the juries goal was to come up with a verdict on a black man (a victim), against a few white Irish Catholics out of Boston. The jury was more of a peer to them (the criminals), then to me.
Second fact that the judge knew was no white jury was ever going to side with a black man against a white Irish catholic Verizon Managers from the same area that would never happen. Just recently Boston Massachusetts was ranked the 3rd most racist city in the United States and so I should have placed the noose around my neck for them instead of waiting 5 days for a verdict. I was hung the minute the jury was chosen. My father in-law whose who is dear to my heart said the same thing, the minute he saw the jut on that Monday as well – it was over, and I would not win my case with that jury. This was viewed through my attorney’s eyes and many other white former Verizon employees and friends that sat with me as well, in that courtroom that I had no chance.
So the Judge never allowed me a jury of my peers as well. The judge stated that I had to win by unanimous decision and Verizon did not have to. If only one juror sided against me, that’s all that Verizon needed to win so the judge had me against every odds of winning.
Another major decision my Judge Nathaniel M. Gorton was that on Monday he handed out to both my attorney and the Verizon attorneys, on what is called; “The Jury Instructions.” A jury instruction gives the jury an outline of the fact that they will look at and decide on when deciding the case. This is what he was going to hand out to the jurors on Friday. My attorney quickly objected and it was not correct as to the facts that were going to be discussed during the week and the jury instruction needed to be repaired. Judge Nathaniel M. Gorton stated that he would correct it by Friday prior to handing it out to the Jury. Well when Friday came, Judge Nathaniel M. Gorton “NEVER” made the corrections and the jury was handed the same screwed up instruction that he stated would be corrected to help them come to a clear and righteous decision. His answer was, it will be fine, and it wasn’t.
On Friday he gave the jury there instructions and advised them that they will make a decision by 5:00 pm that day, it will not go into another day. This was uncalled for and inappropriate behavior by a Federal Judge knowing he is placing an enormous amount of pressure on them to force a decision and they will be afraid of not coming back with a decision my 5:00 pm.
Well four hours later after receiving there instructions, the jury came back and had a question on the jury instructions that were messed up and the Judge never repaired. At 5:00 pm on March 15, 2013 the just as forced by the Judge came back and ruled in Verizon’s favor – I lost!
No jury or judge is blind to justice and they want us all to believe. Juries and Judge are bought every day. Juries and Judge bring in their prejudices, opinions and experience in life. They get to see you, and make judgments on your appearances as well. Courts are not about facts and justice but about manipulation and deceit. It’s about lies and fabrication and truth is a means only in a dictionary. If one believes that the truth will come out in a court session they are fooled.
I am now a victim of Verizon and our failed judicial system, and see why many oppose what’s happening each day from within. Voices like mine are being unheard and over shadowed by a dirty system.
I do know this! I gave it my all and I am proud of myself for never giving up and giving in to those Devils at Verizon. I know years later I will look back at my life and see through my work, others will be ok and may I live to see laws in our land be made to protect the voices that are not being heard. We will never get rid of evil and dirty people, all we can do is pray and teach our kids not to be like a few Verizon employees like; “a Paul McCarthy, a Kathy Bertilino, a Richard Gittens (HOUSE -N), a Patty Regan, a Mal Benvie, an Ann Best, a Paul McGovern, Director John Poupolo,” just to say the least.
Today I close out this chapter but I will not stop exposing Verizon. Now I can complete my book and proceed to seek justice in my own way.
Thank you as always for all you have done, I am thankful for all your support and together we will fight Workplace Bullying.
The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
-Dr. Martin Luther King
Neal W. Dias
Capital Confidential – New York’s Capital Newspaper
Was invited by Representative Katherine M. Clark to speak in front of the Massachusetts Joint Committee on Labor and Workforce Development, a public hearing for HB 1766 “The Healthy Workplace Bill.” June 25, 2013
Healthy Workplace Bill Press Conference in Boston Massachusetts July 7, 2012 (Video):
Healthy Workplace Bill Press Conference in New York April 30, 2012 (Video): http://www.youtube.com/watch?v=W6pPe2gqGRI&feature=share
Civil Rights and Anti-Bullying Leadership Summit in Hartford Connecticut at the Legislators Building, August 9, 2012
**(Neal W. Dias – fast forward to 02:41:56 – 02:56:09)**
National Workplace Bullying Press Conference in Washington DC October 15th 2012
Huffington Post Article:
Title: Verizon: Plenty Of Good Middle Class Jobs But Would You Want To Work There?