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Written by Phil Magrath, Curator at Fort Nelson, Portsmouth. The Royal Armouries collection of artillery was recently enhanced with the addition of a Field Howitzer of 155mm calibre (FH-70). This system was originally a collaborative project between the UK, USA and Germany, all desirous to change older systems, which, in the case of the UK, was the 5.5-inch Medium Gun (also in the collection). The FH-70 is able to fire NATO standard ammunition including those with extended range base bleedRead more
Posts tagged: #Portsmouth
The German 25 cm trench mortar
In 2004 a former member of the Royal Armouries staff collected this German 25 cm trench mortar from a Farm in Norfolk, where for a number of years it had been exposed to the elements and was in need of some tender loving care. On site at Royal Armouries Fort Nelson in Portsmouth, the trench mortar remained in the Artillery Hall, where it continued to suffer from the adverse conditions until Mick Cooper (Fort Nelson Technician) began the lengthy conservation process lastRead more
Mobilising the Guns
This week has seen more moblisisation of the guns at Fort Nelson. Beck and Pollitzer have now moved the first exhibits – two anti-aircraft guns – into the new gallery, The Voice of the Guns. A further 12 guns will be moved into position during the next two weeks. The guns moved this week included: British 3.7-inch Anti-Aircraft gun and Searchlight – During the grim nights of the Blitz, the guns' skilled crews worked closely with the searchlight batteries. FortRead more

subset: commoncrawl


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United States District Court, W.D. New York
June 23, 2017
JOSUE ORTIZ, Plaintiff,v.RICHARD WAGSTAFF, Defendants.
this Court is plaintiff's attempt to obtain from the
Buffalo Police Department (Ortiz v. Wagstaff, , Case
No. 16CV321, hereinafter "Wagstaff") and
the Erie County District Attorney's (Ortiz v.
Case, , Case No. 16CV322, hereinafter
"Case") files of the investigation and
prosecution of his state homicide case and the investigation
of two homicides. Presently before this Court in this action
is plaintiff's motion to compel (Docket No.
essentially based upon the Order of Erie County Court Judge
Thomas Franczyk (e.g., Docket No. 8, Defs. Atty.
Decl. ¶ 7, Exs. A, E). An identical motion was filed in
Case (Case, Docket No. 32). These motions
were briefed and argued together, with defendants'
respective responses due by May 31, 2017, and argument held
on June 7, 2017 (Docket Nos. 24-25, 27, 29). Defendants duly
filed their respective responses (Docket No. 28). On June 7,
2017, the motion was deemed submitted (Docket No. 29).
defense in Wagstaff produced for in camera
inspection the police department's file (with privilege
log), raising several privilege arguments against full
disclosure to plaintiff. The defense in Case,
however, declined to produce the prosecution file until they
had assurances from the United States Attorney's office
that they could produce the items without avoiding
inadvertent disclosure of federal Grand Jury proceedings or
violation of the Orders of Judge Richard Arcara, In re
May 2011 Grand Jury Impaneled May 6, 2011, Misc. No.
13MR17, Order of Nov. 8, 2012; id., Order of Mar. 7,
Court requested the view of the United States Attorney about
the propriety of disclosing these materials and set a status
conference for April 19, 2017 (Wagstaff, Docket No.
20; Case, Docket No. 25), see Fed.R.Civ.P.
24; 6-24 Moore's Federal Practice-Civil §
24.23 (2017). Assistant U.S. Attorney Michael Cerrone replied
in Case (Case, Docket No. 26) that, absent
a motion to compel from plaintiff specifying which Grand Jury
material was being sought and the grounds for the request,
the Government could not respond, reinforcing secrecy of
Grand Jury proceedings (id.).
then filed the present motion to compel (Docket No. 26) in
both actions (see Case, Docket No. 32). These
motions were briefed and argued together, with
defendants' respective responses due by May 31, 2017, and
argument on June 7, 2017 (Docket Nos. 25, 29). Defendants
duly filed their respective responses (Docket No. 28). As
noted by the Wagstaff defense counsel during oral
argument, these cases are separate and the defendants in each
are in different postures; hence this Court is entering
separate Orders in each case for the respective motions.
This is
an action against members of the Buffalo Police Department
responsible for investigation of the murders of Nelson and
Miguel Camacho and for the arrest and prosecution of
plaintiff for those offenses. Both this case and
Case arise from plaintiff's conviction for and
subsequent exoneration from the Camacho murders, with
plaintiff alleging wrongful conviction and imprisonment, as
well as state law claims for malicious prosecution.
November 2004, plaintiff was arrested, tried and convicted of
the murders of the Camachos. Plaintiff in Wagstaff
alleges that defendants failed and refused to accept proof
that exonerated plaintiff (Wagstaff, Docket No. 1,
Compl. ¶ 51), that they were negligent in failing to
investigate all leads (id. ¶ 53). Similarly, in
Case, plaintiff alleges that the then-District
Attorney Frank Sedita, III, failed to accept proof that
plaintiff was wrongfully convicted. Plaintiff concludes that
this willful refusal led plaintiff to be incarcerated for ten
years (e.g., Case, Docket No. 1, Compl.
¶ 54), including the period from November 2012 (with the
commencement of the federal prosecution) until his
exoneration in May 2015.
November 2012, the Federal Bureau of Investigation and the
U.S. Attorney's office conducted an investigation of the
10th and 7th Street gangs, learning
that three other men were responsible for the Camacho
murders, see United States v. Montalvo, , No.
11CR366 (hereinafter "Montalvo"), Docket
No. 68, Superseding Indict. In Montalvo, defendants
Misael Montalvo, Efrain Hidalgo, and Brandon Jonas eventually
were charged with discharging a firearm causing the deaths of
Nelson and Miguel Camacho, Montalvo, supra,
Docket No. 68, Superseding Indict., Counts 2, 3, Special
Findings. Montalvo (Montalvo, Docket No. 249),
Hidalgo (Montalvo, Docket No. 239), and Jonas
(Montalvo, Docket No. 244) each entered guilty
pleas, with Hidalgo (Montalvo, minute entry, Feb.
26, 2015) and Jonas (Montalvo, minute entry Mar. 11,
2015) pleading guilty to Count 2 of the Superseding
Indictment (Montalvo, Docket No. 68) for discharging
a firearm causing death with special finding that the victims
were the Camacho brothers (id.). One of these three
defendants has been sentenced (Montalvo, Docket No.
327, Judgment upon Efrain Hidalgo) and the remaining
defendants await decisions relative to sentencing
(Montalvo, Docket Nos. 264-66, 277, 300, 329).
to Judge Arcara's Orders, In re May 2011 Grand Jury
Impaneled May 6, 2011, Misc. No. 13MR17, Order of Nov.
8, 2012; id., Order of Mar. 7, 2013, the Government
provided information (first to the Erie County District
Attorney and then to plaintiff's criminal counsel, the
late John Nuncherino) of plaintiff's innocence due to the
involvement of the Montalvo defendants by allowing
release of federal Grand Jury minutes and materials. A motion
in state court to dismiss plaintiff's Indictment was
granted in May 2015 (despite the Case
defendants' initial opposition) and plaintiff commenced
Case and Wagstaff the next year.
parties in both cases obtained an Order from Erie County
Judge Franczyk (e.g., Docket No. 28, Defs. Atty.
Decl. Ex. E) unsealing the prosecution and police department
files surrounding the Camacho brothers' murders for
release to defense counsel in these two cases. Counsel then
was to identify to this Court objections and privileges for
in camera review.
Court reviewed in camera the materials produced by
the police department defendants in Wagstaff. The
Wagstaff defendants produced a privilege log of the
in camera documents shown to this Court, asserting
privileges that the documents contained sensitive law
enforcement information that may create safety risks
regarding confidential informants and witnesses; documents
that may reveal police tactics and strategies for
investigations; some may have been obtained from or
describing confidential proffers; at least one document
possibly containing attorney work product. The privilege log
also asserted that some of the items were not relevant to
plaintiff's claims. Defendants contend, but did not
specifically identify, that at least some of these materials
were obtained from the Grand Jury (pursuant to Judge
Arcara's Orders) and that Judge Arcara's Orders
limited disclosure of these items, In re May 2011 Grand
Jury Impaneled May 6, 2011, Misc. No. 13MR17, Order of
Nov. 8, 2012; see Case, Docket No. 26. Those Orders
disclosed Grand Jury documents and transcripts to the Erie
County District Attorney and to in the investigation that led
to the Indictment in Montalvo.
parties in both cases obtained an Order from County Judge
Franczyk unsealing the prosecution and police department
files surrounding the Camacho brothers' murders for
release to defense counsel in these two cases. These counsel
then were to identify to this Court objections and privileges
for in camera review. Defendants in Case,
however, declined to produce their records for in
camera and awaited guidance either from the United
States or this Court on releasing federal Grand Jury
Court had invited input from the United States Attorney
(including possible limited intervention in these cases)
because of the unknowns in the in camera material)
(Docket No. 20). Given these concerns, this Court will avoid
inadvertent disclosure of material that should remain
confidential. The in camera materials reviewed to
date were not clearly delineated to show that they were Grand
Jury materials or not.
After a
series of status conferences jointly held for both cases
regarding production of the confidential information from the
defendants (e.g., Wagstaff, Docket Nos. 14,
16, 19, 21, 24), this Court reviewed in camera the
materials produced by the police defendants in
Wagstaff. From the privilege log and the in
camera items, most of the file post-dates
plaintiff's 2004 arrest and his 2006 guilty plea
(see, e.g., Case, Docket No. 1,
Compl. ¶ 22). One document in the in camera
materials is a synopsis of the police homicide investigation
(hereinafter cited as "[summary]"). According to
this summary, in November 2004, the police interviewed a
witness who revealed the whereabouts of Hidalgo at the time
of the murders [summary at 10]. In 2005, an informant told a
detective that two other men murdered the Camachos, but the
police in 2008 could not identify the incident referenced
because the Camacho murders were cleared according to their
records [summary at 11-12]. In 2011, that informant recanted
the statement [summary at 14]. The summary notes a 2008
proffer made to the United States Attorney that alleged that
someone other than plaintiff committed these murders [summary
at 12]. In September 2009, a federal task force was
established (including the Buffalo Police Department) to
investigate gang activity in the Lower West Side, with
Hidalgo becoming known to the task force [id.]. In
June 2011, two officers met an informant who said they had
information regarding Hidalgo's role in the murders
[id.]. The summary also makes references to
correspondence received by the United States Attorney's
office relative to the investigation. On July 11, 2012,
plaintiff was interviewed by officers, but he generally
declined to answer questions [summary at 21]. In August 2012,
another source was interviewed and said that plaintiff's
apartment was being monitored and that on the night of the
murder did not show anyone leaving the unit [statement at
23]. Proffer materials and interviews identified as
confidential sources or work product included in the in
camera have internal redactions (but not consistently).
cursory review of this in camera material reveals a
continuing investigation that occurred following
plaintiff's conviction, following up leads first raised
during the initial investigation of the Camacho murders and
leads arising from the overlapping West Side gang
interdiction investigation. Many of the documents concern the
gang ...
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text:
What to do when it is cold and rainy, and you have a day stretching out before you? Why, go visiting of course! And what a scrumptious visit it was....thank you NaNa!
Because I am still tiring easily, I treated myself to the bus into town rather than my usual trot. When I got in, it was cold but dry, and I remembered that my Mum and Sister were probably going to be in town, and lo and behold, they were! So we shared coffee in Marks and Spencer, and then oohed and ahhed over the Christmas Wrapping paper! Yes, Christmas, I know! And I am torn. You see, for me, starting to organize now makes it so much more enjoyable for me come December. But, then I do make all my own Christmas cards, and quite a few of my gifts. And while I love to look at papers and craft items at this time of year but I HATE to see shelves PILED with mince pies and things that will go off before December! And really, do we need to buy Advent Calendars in September? And why are so many of the things in huge groaning big jumbo sizes? I would like to think it was for families getting together and visiting, but I wonder if it is just a little bit of seige mentality? But really, I am not a Christmas Scrooge, I am not. I am eagerly scanning the magazine stands for the Christmas issues....but only because they show us how to make things, and making things take time!)
But, I have digressed, I am afraid! After a lovely cup of coffee, I hopped on a bus through to Maldon, where it was warmer, but raining, ugh! Happily, Sally Greens, the most delightful greengrocer is just next door to the taxi rank, so I scurried in to buy a jar of blackberry jelly (to be enjoyed with scones for Michelmas!) and thenceforth into a taxi which took me off to visit my lovely friend, who lives in a scrumptious house in the middle of the countryside.
I wish, wish, wish, you could take a peek with me. Maybe one day you will get to see, as my lovely friend is thinking of maybe starting a blog too....but let us say that her home is a haven of vintage scrumptiousness, and her and her equally lovely husband have put so much work into rennovating the home, that they have really earned the scrumptiousness of it all! Really, you have to love anyone who will make you a cup of tea on their fabulous aga, and then offer you not one but two cakes, and not make you feel in the least bit guilty for accepting readily!
It was such a lovely way to spend a day, and time sped away all too quickly. When you have a friend who you are really in accord with, time does just seem to disappear. And oh, I must tell you about the goodies she gave me! Lovely wife that she is, she had gathered some 'new wife vintage housekeeper' goodies for me! All done up in pink rustling tissue paper....a clear spatula, with little red hearts! A fabulous washing up brush, all pink with a great big flower on it! A tea cozie and matching peg bag! A just-the-right-sized mixing bowl, in fabulous blue with cream insides! A floral mug that is the twin of hers, so we can have a cup of tea together when our housework is done, even when we are not together! Oh, and a jar of utterly gorgeous rose petal jam! I felt ever so spoiled, and I am looking forward to getting home tonight so I can spread my new treasures about our little flat.
You will be pleased to know that I did not arrive empty handed myself. I took a baby sock bouquet that I had made. Now I know it sounds a little strange, but really, it is rather fun. You take some baby socks, and fold and roll them so they look like (a rather stylized!) rose bud, insert a florists wire into the back of the rose bud, and cover with florist tape to secure. The idea is that new Mums often get given lots of flowers, but they die, and here are some flowers that wont die, and can be dismantled and put through the washer to yield half a dozen pairs of socks!
I hopped on a bus back from the countryside to Maldon, another one from Maldon back into town, and then the bus back from town to home again, and settled down with a nice cup of tea to think about what a lovely day it had been, before making some dinner. The more I think about it, the more I think that visting, and being at home to visitors is just a lovely, scrumptious thing!
The musings of a library goddess upon reading and tangles of knitting and crochet, adventures in the kitchen and at the craft table, and the very great pleasure that a cup (or better still, a pot) of tea can bring.
Saturday, 29 September 2007
2 comments:
- tash said...
It does sound lovely. I miss not having old friends to visit as I used to - we're a bit out on our own up here!
- 1:36 pm, October 02, 2007
- fairycakegirl said...
Mimi Did you take a photo of the sock bouquet you made, I would love to make one for a friend who is due very soon. I'm looking for some tips sweetie..
- 11:13 am, October 07, 2007
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