Zherka sues again, saying blog defamed him
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- March
- 4
The controversial publisher of the Westchester Guardian has filed a federal lawsuit charging that he was defamed by readers who posted derogatory remarks about him on Politics on the Hudson, the political blog published on The Journal News’s Web site.
Among those cited in the lawsuit filed by Sam Zherka are “Mob Buster,� “Ethan Edwards,� and “The Consultant,� aliases used by several readers who have frequently commented on the LoHud.com blog. The suit identifies The Consultant as Michael Edelman, a long-time Republican consultant in Westchester, who was hired by Mayor Phil Amicone to work on Amicone’s re-election bid last year.
The three users posted comments in the months leading up to Amicone’s re-election that criticized Zherka, who supported Amicone’s opponent, Democrat Dennis Robertson. Among the comments cited in the suit were ones that alleged Zherka was involved with “Albanian organized crime� and was “laundering millions in dirty money� through his businesses, which include extensive real estate holdings and the Guardian. Zherka adamantly insists he is a legitimate businessman.
The newspaper and its Web site are not named as defendants in the case.
Zherka gained prominence in Yonkers last year when city officials removed dozens of news racks belonging to the Guardian, following a series of unflattering articles on Amicone in the free weekly newspaper. A federal judge on Monday ruled in favor of Zherka in one of a series of legal cases he has filed, finding that the city violated the newspaper’s First Amendment rights when it confiscated the news racks and stopped Guardian employees from handing out the publication.
Overall, Zherka has filed 10 cases against Yonkers over the city’s treatment of the Guardian, and lawsuits against more than a dozen Westchester municipalities challenging their regulations of news racks on public property.
Read more about this tomorrow in The Journal News and LoHud.com
This entry was posted
on Tuesday, March 4th, 2008 at 6:04 pm by Len Maniace.
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the statements allegedly made by “the consultant” speaking
about the criminal propensities of Mr. Zherka were not made
by this consultant although anyone can sign in using
the name consultant on this blog site…However it is
interesting to note that the last paragraph of his lawsuit
admits he is under criminal investigation by the manhattan
county district attorney’s office and although he alleges
that bloggers including myself conveyed that information
to the DA This consultant has never spoken to and doesn’t
know the assistant da in question nor do I know any
of the other bloggers. As a public figure Mr. Zherka is
doing exactly what he claims he is the victm of, that
is to use the law to attempt to intimidate and therefore
silence the bloggers who have criticized him. Whether or
not Mr. Zherka has or has not been invovled in criminal
activity has never been my concern. My concern was the
extent to which he participated and financed the campaign
of dennis robertson for mayor which he acknowledges himself
in his own complain paragraph number one as follows
:In 2207 he (Zherka) actively supported the candidacy of Dennis Robertson as co owner of the Guardian which used
its news paper publishing privileges to be “highly critical”
of Amicone’s performance as mayor. So here you have a
newspaper publisher who has decided to be a political
operative using the resource of his paper and the ad revenues to support in words and to financially contribute
to the campaign of dennis robertson which of course he has
an absolute right to do..but then don’t complain when
you become a “public figure” as the result of your own
choices. and when you become the object of criticism
on a blog that is protected by the first amendment privacy
and free speech provisions. Mr. Zherka should be more worried about the fact that an assistant District Attorney
is investigating him then what is said about him on
a political blog. The later is opinion, the former has to
be based on a belief by the da’s office that a criminal
act has been committed and that there is reason to believe
an investigation is warranted..
My comments and those of others about this
disturbing Zherka fishing expedition are posted below
under the Federal Judge and Yonkers item.
I fully expect the Journal News and any and all media
organizations to strongly resist this blatant attempt
at censorship by intimidation for a variety of legal
and ethical reasons that are listed under the other item.
Also, the Consultant posted that Zherka, in his own
complaint, acknowledges he is under investigation by the
Manhattan District Attorney. Based on the Consultant’s
reading of the complaint, Zherka actually admits the
Manhattan D.A.’s office is officially very suspicious of
him, to the point of subpoenas.
That admission, as noted by the Consultant, completely
undercuts Zherka’s already weak contentions.
But for Zherka to think that the Manhattan investigation
was triggered by anonymous blog comments in Westchester is
bizarre. He should look at Manhattan, because that is
where the investigation is, according to the Consultant,
who was quoting Zherka’s own complaint. Anonymous blog items in Westchester would have nothing to do with it.
The Journal News and all media outlets have the legal
and ethical responsibility of protecting their blogosphere
and its anonymous nature from the likes of ridiculous fishing expeditions on the part of Zherka or anyone else.
If they don’t, no one will comment or participate. It
would be similar to giving up their sources, and for no valid reason, either. It is not done.
Zherka is trying to censor by intimidation. To him,
freedom of the press and free speech should only apply to
him. Anyone who has seen his Guardian knows his “high regard” for those principles. Right.
Zherka is a controversial public figure. He has that
problem to overcome, too. The protections he wants he only wants for himself. There is something very wrong with that.
Anyone that reads the Guardian and knows the truth about what is really going on with many of the stories could sue the Guardian. Mant stoies I read in the Guardian are inaccurate, you have to be kidding me with deframing someone’s name. The Guardian has and continues to print stories that are based on comments by people and the reporter does not get the facts right in many cases. Freedom of speech is freedom of speech, if you and your paper want to spread it, you must be able to take it – that is what free speech is all about. How can you print editorals to yhe Guardian and allow people not to sign their name?
I didn’t know Zherka was being investigated in Manhattan
until I read the Consultant’s comments under the Judge-
Yonkers item below. I also don’t know the Consultant, nor
do I know who Mob Buster was.
He said he had pertinent information about Zherka, and I
merely referred him to the Yonkers Police Commissioner. I
did that right on this blog. What happened after that, if
anything, I have no idea.
You bet, Zherka should be more concerned with the
Manhattan D.A. As I said above, that’s where the
probe is, and it’s a safe bet that’s where the information
that triggered it came from. I mean, Zherka does own
a strip club in Manhattan. He may have tenement buildings and other interests there, too, for all I know.
Zherka’s wild and baseless attempt to glean information
about anonymous bloggers here has to be strongly opposed
by the Journal News, and I’m sure it will be.
I also think the Manhattan DA would not be happy to know that Zherka is trying to obtain information about what may be confidential informants of the DA….in Manhattan, not here. But the point is the same.
Final comment: The fact, according to the story above,
that the Journal News is NOT named in this suit says a lot.
The JN is responsible for this and its other blogs. It has
the authority to edit them, to remove alleged “defamatory” comments, and so on. It is THEIR blog.
The JN and Gannett also have the “deep pockets.” The fact
that the paper wasn’t named just proves the fishing
expedition Zherka is on. I believe that, besides
intimidation and censorship, he also is trying find
out who the Manhattan DA’s confidential informants are.
That is my protected opinion.
He wouldn’t find them here. But such an attempt would be a
very serious matter, if that is one motive. Regardless, it no doubt would be of interest to the Manhattan DA.
I don’t know anything about this guy, but I’ve read his rag and he seems to defame, blast, and injure everyone who crosses his path. When someone calls him on it, he sues?
As the Consultant said above, this blog is “protected
by First Amendment privacy and free speech provisions.”
It certainly is.
And there is more to it than that—and the Journal News, Cablevision’s, and other media lawyers know it.
If the media entities don’t protect the anonymity of
their blogs, they might as well toss in the towel. But
they do, and they will.
The Consultant also said that anyone can use the
name “Consultant.” That is true. And it also is true that a single computer can be used by any number of people.
Those are just two of the other reasons, and there are
more, why the courts have protected the anonymity of the blogosphere. The First Amendment protections, which are very strong, can be added to those.
Zherka is a hypocrite who wants it his way, and only
his way. And for his own reasons. And now, according to his own complaint, he has admitted he is being investigated by the Manhattan D.A.
As the Consultant also said, there must be a reason for
that, and subpoenas have to approved by a chain of command and also by a judge. So, any number of Manhattan officials
apparently believe Zherka is worth investigating. Who knows what they will find?
Sammy should call them tomorrow and just ask for the ID’s
of their confidential informants, assuming they have a few
in Manhattan.
See what they tell him. It will be the same thing the media organizations will tell him about anonymous bloggers.
I want to know all the names of the confidential informants for the Guardian newspaper, maybe I will file a law suit and have them all revealed.
The Consultant is correct, because I am really “You have to be kidding” – no kidding.
I could be Zeppo, the Mob Buster, Ethan Edwards, Ed, You Have To Be Kidding, Sigmund Freud or anyone else.
The Consultant is right, and Sam Zherka should see Siggy Freud because it looks like he’s losing it.
I don’t get it. If citizens suspect someone of being involved in criminal activities, are they now to be sued if they report them to the district attorney who then begins an investigation? And next, is a newspaper expected to cooperate in this suit by helping to identify anonymous commenters, even if there is not one shred of evidence to demonstrate they did what they are accused of doing? And even if they did it, which they deny, since when is it wrong or defamatory to advise authorities if they suspect someone could be involved in criminal activities? That would be Whistle Blowing, and a public service. The free speech and privacy angles to this also are very clear.
as a former prosecutor for 7 seven the task of the district
attorney does not depend on rumor and speculation. No self
respecting DA would pursue an investigation, dedicate
resources if he were not convinced at the end of the road
he would find evidence of criminality. That decision by
the way is never made by the assistant da..he is one of
over a hundred lawyers hired, in the case of Bob Morganthau
to examine evidence and seek to punish the guilty. When
a complaint is made and in this particular case contrary
to the paranoid allegations in the complaint of Mr Zherka
no meeting ever took place between the consulant and the
DA nor between ethan and the consultant and the da nor
between ethan and the dA..In fact as ethan pointed out
I too was unaware of any criminal investigation until
I read the lawsuit, but I digress. After receiving a complaint it is standard practice for the bureau chief
of the particular bureau to meet with the DA himself
or his FIrst Assistant to get clearance to begin the
investigation..ie to open the file…and that does
not happen unless there is reason to believe a crime
has been committed..DA’s don;t usually engage n
fishing expeditions. But more importantly in this instance
the pattern of yellow journalism practiced by the guardian
charged all sorts of polticiians with political chicanry
and criminality…from Mayor Amicone during the campaign
at which time Sam Zherka admits he was actively engaged
in the campaign to oust the mayor, and which the filings
show he contributed a substantial portion of the money
raised and spend by robertson during the campaign. The
guardian is still engaged in harranging our present da
JANET DIFIORE, each issue of the guardian is more
outrageous in its charges than the last…Now its true
that opinion is protected, and the Guardian takes advantage
of that at every turn, but posts on a blog are just that
opinion…some bloggers state they have knowledge of wrongdoing, others state that they want investigations into
shoddy practices, some bloggers blog politically etc..
and this occurs all over the country..All of the blogesphere
is protected by the first amendment and by privacy laws.
In fact based on the disclaimer posted by the Gannet Blog
they have the affirmative obligation to check the contents
of their blog in order to avoid liability since they
have apparently assumed the duty to warn against vulgarity
etc..Once they undertake that duty (even though it is absolutely not necessary as seen on the Yonkers Tribune blog
which has no such disclaimer) then they have inserted themselves into the issue of whether blogs do or do not
measure up. Why they would want to do this is puzzleing
However, attempts to subpoena their blog accounts would
violate the constitution, chill first amendment rights
and would be the end of blogging. ANy one with the necessary legal resources could issue a subpoean at
any time for comments made on blogs including developers
politicians, and people like Zherka who apparently knows
more about his own situation with the Manhattan DA than
anyone else named in his lawsuit.
I suggest that the Journal News call the Manhattan DA
to ascertain whether or not there is an investigation
and whether the DA’s office intends ot hire outsdie counsel
to defend its assistant. For my part I intend to counterclaim against the newspaper and its publisher
for prior defamatory public remarks, as well for
punitive damages for intimidation ie the use of a newspaper
to cut off discussion should be actionable..no newspaper
to my knowledge has ever engaged in that sort of conduct
and those who advertise should know where their advertising
dollars are being spent..In addition should this lawsuit
go further my attorneys are prepared to seek full discvoery
of the books and records of the newspapers to see where
the ad revenues and expenditures are originating and to
see who is on the payroll and in what capacity. Also
the sources of the newspaper for its articles against various elected officials are now fair game particularly
in light of what Zherka is fishing for…its the rule
in the famous case of Gander….what’s sauce for the goose
is sauce for the gander!
oh an by the way to the consultant posting above this
consultant….hello consultant nice to meet you are you
me..am I you….
Consultant: Since you have the papers, just who is named in this crazy fishing expedition? Amicone, yourself, the Manhattan ADA, “Ethan Edwards,” “Mob Buster” and who else?
It’s interesting that in today’s article, Zherka’s own admission that he is officially under investigation in Manhattan is buried in one phrase halfway into the story. You’d think that would be more prominent, wouldn’t you?
Is Zherka accusing everyone named of conspiring against him? It sounds that way. And that is as paranoid as it gets. I do think the Manhattan ADA would want to know that Zherka seems to be trying to learn the IDs of confidential informants, of which I am not one—in addition to trying to use intimidation to silence comments critical of him.
There are clearly First Amendment issues here. And the Journal News knows there are.
The Guardian is a sick joke of a paper, and it smears people constantly. But Zherka, who is a very controversial public figure, thinks he alone is immune from criticism. Whatever Mob Buster posted, he posted. I merely referred him to the Yonkers Police Commissioner. I did that on this blog. If I knew Mob Buster personally, I wouldn’t have done that. But I don’t know him. I also don’t know if he followed through or not.
Does Zherka assert there was a meeting between you, me, the Manhatta ADA and the Mob Buster? That’s just crazy. I
don’t know you, the Mob Buster or the ADA.
The Manhattan ADA might have his own confidential informants in NYC, or he might have acted on credible information which originated with the NYPD, the Feds or a state agency. But HE is not on a fishing expedition, for all the reasons you mentioned.
You’re right about the Journal News and its blogs. It does have the obligation to protect the anonymity of those who post on them. I have seen some comments that later were removed. Mostly, those comments were underneath news articles themselves where people complained their comments were removed. Occasionally, but not often, I’ve seen comments removed from this blog, too.
If this paper and others do not protect their blogs, it’s the end of blogging. And Zherka would get his way. His intimidation and bullying would have succeeded. But I believe the JN and anyone else will strongly and legally resist any such ridiculous attempts by Zherka.
Good to hear you are going to do what you said, and are firing back at him in a big way. I also don’t believe he could stand discovery, if it ever got that far. Zherka has done the worst thing he could do, which is to put himself on the offical law enforcement radar. To sue a DA? That is unbelievably stupid.
to answer your questions as best I can here goes
Zherka names Daivd Doe aka Ethan Edwards, edumund roe aka mob buster, john poe willima roe and janet doe each of
whose identities are presently unknown
He then attribues a quote to the The COnsultant which I never said online or anywhere else..it is not my use
of the english language with which you are familiar
nor does it conjugate verbs the way I do, nor is the cadence
mine..they must either be intentionally misquoting or simply
in error.but I will demonstrate that easily..and after that
they quote ethan responding to the consultant and mob
buster responding etc….
The complaint admits a huge role in the robertson effort
in its first paragraph and then at the end allges
that becuase of the bloggers this ada namedBogdanos
was caused (against his own knowlege) to investigat
Zherka, that he was encouraged to investigat by the
co defendants which impaired his credit business
relations etc In one sentence he alleges tha the ADA ”
has advised at least on attonrey who in the past has
had an attorney client relationship with zherka, that he
(the ada) is Investigating Plaintiff (catch this)
“BY REASON OF IS ALBANIAN MOB CONNECTION, TAX FRAUD MONEY
LAUNDERING, ILLICIT DRUG DEALINGS, AND OPERATION OF
PROSTITUTION RINGS, AND THAT THE ADA ENCOURAGED
AT LEAST ONE INVESTIGATOR IN THE NY DA’S OFFICE TO ADVISE A SUPPOSED WITNESS THAT (CATCH THIS ALSO) “PLAINTIFF IS
THE BIGGEST DRUG DEALER IN nEW yORK, AND THAT THE
ADA ISSUED DOZENS OF GRAND JURY SUBPOENAS TO EVERY
CORPORATION OR PERSON IDENTIFIED BY BOGDONO’S CODEFENDANTS
AS HAVING MADE FINANCIAL CONTRIBUTIONS TO THE ROBERTSON
ELECTION CAMPAIGN
NOW THESE ARE THE WORDS TAKEN FROM THE COMPLAINT..THEY
ARE NOT MINE..ALBEIT A BIT PARAPHRASED BY THE MEANING
IS CLEAR…THE ADA ISSUED SUBPOEANAS ZHERKA IS BLAIMING
THE PEOPLE HE NAMED IN THE COMPLAINT FOR THAT..WHICH IS
LUDICROUS…BECAUSE ISSUING A SUBPOENA IS STRICTLY A
LAW ENFORCEMENT DECISION..AND NO INFORMANT CAN EVER BE
LIABLE FOR ANY INFORMATION SUPPLIED ONCE THE DA HAS
MADE HIS INDEPENDENT DETERMINATION….SO
THE LAWSUIT IS NOT ONLY BASELESS..IT IS AN ADMISSION
OF AN ONGOING INVESTIGATION GENERATED BY AN INDEPENDENT
LAW ENFORCEMENT AGENCY…SO IT HAS TO BE DISMISSED AS
NOT STATING A CAUSE OF ACTION…SORRY ABOUT THE CAPS
In addition the Mayor is named for his alleged statements
to a ward club in yonkers regarding Zherka and his alleged
involvement…
Now I don’t know this ADA and I suspect neither to any
of the bloggers…ANd once again the investigation is
in New York County so the crime had to take place there
and whether or not a “tip” or opinion was given to the
DA’s office..the mere fact that they decided to act
on their own removes the issue of liability from the table
as it regards any of the whistle blowers…because the
DA is an independent constitutionally elected law enforecment authority whose actions are not subject
to being enjoined becasuse the target doesn;t like it
Thank you, Consultant.
I believe it is pretty obvious who Zherka nuttily thinks David Doe aka Ethan Edwards is, and who he thinks Edmund Roe aka Mob Buster is. Zherka is bouncing off walls. That is just plain crazy. Zherka is on a wild and false fishing trip. I don’t know Mob Buster, but it is nuts to think he would be who Zherka thinks he is. Ditto for “David Doe.”
Anyone remotely familiar with Yonkers politics and policing would suspect Zherka is referring to Amicone’s spokesman David Simpson and to Police Commissioner Edmund Hartnett. And because Amicone also is named in this suit, it would seem such an opinion is probably correct. It also shows how unhinged Zherka seems to be.
As for “Janet Doe,” I can only guess who he thinks that is. My guess is he believes it is a top law enforcement official in Westchester—the DA, who is one of his favorite targets in the Guardian. I couldn’t even guess about who he crazily thinks “John Poe” and “William (or is it Wilma?) Roe” are. It doesn’t matter. It’s all crazy.
The Journal News said it has a copy of this lawsuit. So why didn’t it prominently report the encompassing investigation of Zherka being done by the Manhattan DA’s office—one that Zherka himself admits to in his complaint? Why not?
Zherka’s brother Ali is well-known to the Feds. He was indicted last year in NYC on drug and other charges, along with an allegedly crooked NYPD cop, and others. That indictment concerns alleged Albanian mob activities.
Zherka’s brother Ali also was known by law enforcement long before that, from the Scores strip club Albanian mob hits, and other things. That info is public record, and can be found on the internet.
It seems to me that the Manhattan DA’s office had any number of ways to develop its information about Sammy Zherka, information which began an investigation that Zherka himself acknowledges in his complaint.
All of which, in addition to your legal comments, renders this lawsuit worse than a dumb fishing expedition. It is paranoid. It also appears, in my protected opinion, that Zherka doesn’t want to face the possibility that confidential information and informants may have been developed by the authorities from within Zherka’s own circle. I’m not saying that HAS happened. I’m saying it MIGHT have happened.
As I said before, and for reasons you stated well, the Journal News and all media organizations and service providers have the legal and ethical responsibility to protect the anonymous nature of their blogs—unless there is a clear, present and indisputable danger to public safety. If they don’t, it’s all over. They couldn’t be trusted, and blogging would end.
Consultant,
Is the Manhattan Assistant DA you’re referring to from
Zherka’s complaint named Matthew Bogdanos? If it is,
put “Matthew Bogdanos” + Manhattan into Google and read
the Wikipedia entry on him, at least.
This guy is a heavy hitter. He’s been with the DA’s
office since ‘88, has done a lot of big cases, and he
also is a Marine Corps Reserves Colonel who was honored
for his service in Iraq in 2003.
If this is who you (Zherka) are referring to, the
Manhattan District Attorney does not have a lightweight
or a beginner on the Zherka investigation. Just the
opposite.
That also would demonstrate the seriousness of their
investigation. And it could help explain why Zherka
seems to be bouncing off walls.
Edelman is trying to make it seem like he is holier than thau. We all know what you guys did. After reading todays paper, and going back through the BLogs in question, there is no doubt that you guys conspired along with Amicone, and possibly other Govt. officials to go after Sam Zherka because of The Guardian and what he says in the Guardian. ITS FREE SPEECH DUMMIES. Also the fact the Amicone defamed the man, calling him a drug dealer, and an albanian mobster, in public, WHOA, I hope Zherka takes all you guys to the cleaners. Finally there is some one who has the Gall and the Money to take you Corrupt losers to task. You just dont know how to deal with it. The bullies are being bullied and now the Bullies are cying BOO HOO. Edelman, I just read the Terms of this service and you SCREWED up ROyally. You not just defamed the man, but possible put the mans life in danger by making allegations against him, that im sure are not true. This is Yonkers Politics People. The lowest forms of life on the planet and thats my opinion of the truth.
Every one knows how corrupt the Politicos in this County are and thank God, the guardian came to exist, so that they can let all the people know. Deal with it you corrupt loser. God Bless Zherka. We need more Sam Zherka’s.
If i was Zherka, I would sue Edelmans law firm also. Amicone paid the Consultant over 200k for services rendered. If any of that money can be traced to the law firm, and if it was shared by his colleagues, then they are liable also. If that money went towards his rent for his law office, or any bill, his firm now is also responsible for damages. Also Zherka should sue John the Fibber Fleming. Im sure he played a part in all of this. I want to start my own News Paper too. It would mimic the Guardian. Edelman is doomed!!!! He was a Rogue prosecutor then and now is a rogue practicing attorney now.
Hey if any one can get this info to Sam Zherka, please tell him to also file a Grievance against Edelman, because he was also acting as a legal and political consultant to Amicone when he said the horrible things about Sam Zherka.
The Zherka suit and Journal News must have made a mistake in that there is no record of a Michael Bogdanos in the Manhattan District Attorney’ office. It must be the Matthew Bogdanos who was mentioned before.
the last few posters apparently are unaware that the
zherka papers admit he is under investigation..how
do you get past that.you think the manhattan da is
corrupt…you buy what you read in the guardian..you
think sam zherka is the truth teller..you will be in
for a big surprise…plus the fact that the statements
his papers said the consultant made were never made by
this consultant…I can prove that ..can he prove otherwise?
his papers also admit he participated in trying to defeat
the mayor…that is all political…he could have paid
me a million dollars ..it has nothing to do with anything
and in fact so you all know 90% of that money wasn’t a
consulting fee it was paid to tv stations and production
people for the campaign..but you guys wouldn’t get it.
you think the DA is fooling around..DA;s dont play
The Consultant says that “DAs don’t play.”
Earlier, he quotes Zherka’s complaint as stating
the Manhattan assistant district attorney has issued “dozens of grand jury subpoenas” in his
investigation of Zherka.
According to the internet, Matthew Bogdanos
was given the nickname “pit bull” by the NY papers.
We can figure out why.
Right now, he appears to be Senior Investigative
Counsel in DA Robert Morgenthau’s office.
Nope, he’s not playing.
Once this thing hits the Federal Court House, im sure that everything will come to light. Edelman, Simpson, Bogdanos, Amicone, Edmond Roe, Janet Doe, and who ever else is involved in Constitutional Violations will pay out the ass. Zherka is a tough cookie who doesnt take any crap, and will not tolerate any bull from those who swore to uphold the law and protect and preserve the US Constitution.
Im sure the Pit Bull will be a Pussy Cat when this is all done, and after apologizing there will be some very big checks to compliment those apologies. Like the JN mentioned this is not a communist regime. Hale to Freedom and all those who fight Tyranny. I cant wait to see Edelmans ass and Amicones ass handed to them.
Sam Zherka is a bully who thinks he can play a victim too. He puts on a victim face and thinks that helps him. But it does not. Sam Zherka hides behind the very principles he violates all the time in that Guardian thing. Challenging, almost threatening the very DA who is investigating him is pretty brash, and also pretty desperate. It is doubtful Mr. Bogdanos is worried about Sam Zherka’s bully boasting.
Someone called Smiles previously said it is about free speech. Yes, but that right doesn’t belong only to Zherka.
Mr. Bogdanos appears to be holding the key to Mr. Zherka’s future. Mr. Zherka might not find that to be pleasant with Mr. Bogdanos serving all those grand jury subpoenas.
I must add that Bret doesn’t appear to realize or is trying to avoid the fact that according to Mr. Zherka’s own papers, Mr. Bogdanos is conducting a very serious criminal investigation of him. Bravado by Mr. Zherka or Bret won’t
carry the day if Mr. Bogdanos is able to indict Sam Zherka.
Salim Strip Club Sam Zherka is a complete whack job, in my opinion.
Salim Strip Club Sam Zherka is possibly mentally unbalanced, in my opinion.
Salim Strip Club Sam Zherka has apparently admitted he is under investigation by the Manhattan DA.
Salim Strip Club Sam Zherka is a dirtball, in my opinion.
Salim Strip Club Sam Zherka has a brother who is also under investigation by Federal Authorities, I understand.
Salim Strip Club Sam Zherka seems to believe that he can hide behind the protections of the first amendment but does not seem to beleive that the rest of the citizens of this country are entitled to that freedom.
This makes Salim Strip Club Sam Zherka a traitor to the United States, in my opinion.
I THINK SMILES HAS LOST HIS/HER MIND! THAT PAPER IS A RAG PERIOD. I AGREE WITH THE CONSULTANT 98% OF THE TIME. I DON’T AGREE WITH ETHAN ALL THAT OFTEN BECAUSE HE TALKS ABOUT OUR GREAT FORMER SENATOR SPANO BUT ON THIS YOU ARE RIGHT ON TARGET. ANYTIME THIS GUY DOESN’T GET HIS WAY. IT SEEMS LIKE HE SUES. SAM PLEASE GO BACK UNDER THE ROCK YOU HAVE BEEN HIDING UNDER UNTILL YOU POPED YOUR HEAD OUT IN THE LAST ELECTION. TAKE YOUR RAG PAPER WITH YA!
OH YEAH – THE ABOVE IS JUST LOUS OPINION
I THINK ETHAN AND MIKE EDELMAN ARE ASS HOLES. HAHAHAHAHAH.
YOU GUYS HAVE NEVER WRITTEN SO MUCH ON THESE BLOGS IN YOUR LIFE. JUST GOES TO SHOW HOW NERVOUS YOU ARE. I JUST LEFT SAM ZHERKA, HE IS NOT WORRIED ABOUT THE DA OR ANY ONE ELSE.
HE IS MORE WORRIED AND CONCERNED ABOUT GETTING A RESERVATION AT NOBU FOR FRIDAY NIGHT AND WHETHER THE WEATHER IS GOING TO BE GOOD NEXT WEEK FOR HIS 9 DAY PARADISE ISLAND VACATION. YOU MORONS ARE DONE. ZHERKA DOES HIS HOME WORK BEFORE HE TAKES ON A TASK. YOU WILL ALL SEE WHEN YOU ARE IN COURT. YOU WILL BE STUMBLING OVER EACH OTHER. HE DID SO MUCH HOME WORK ON ALL OF YOU, THAT HE IS GOING TO CRUSH YOU GUYS IN COURT. WHAT YOU GUYS DID WAS A CLEAR ATTEMPT TO SILENCE HIS FREE SPEECH. THERE ARE MORE OFFICIALS TO BE NAMED ON THIS SUIT AND IN OTHERS. EDELMAN IS AN ATTORNEY, AND AFTER ZHERKA SUES HIM, AND LOCKS IN HIS TESTIMONY IN FEDERAL COURT, EDELMAN WILL GET A RUDE AWAKENING. STAY TUNED FOR TRUE CIVIL RIGHTS ACTIVISM AT ITS BEST. EDELMAN SHOULD BE VERY CAREFULL WHO HE IS SPEAKING TO, EVEN HIS FRIENDS CARRY RECORDING DEVICES, HE COULD FIGURE IT OUT. IF HE THINKS BACK. THIS INVESTIGATION TOOK FIVE MONTHS, AND NOW ITS TIME TO DELIVER JUSTICE TO THOSE WHO ARE SUPPOSED TO BE OFFICERS OF THE COURT, AND THOSE WHO SWORE TO UPHOLD THE CONSTITUTION. ZHERKA IS WELL FUNDED AND DOESNT TAKE ANY SHIT, AND YOU GUYS CANT DEAL WITH IT. THE BEST OF ALL, HE IS LEGIT. THE DA, IN NYC, GOT NOTHING ON HIM. BY THE WAY, JUST IN CASE YOU DIDNT HEAR, THE GUARDIAN IS OPENING IN NYC, AND IN THE BRONX IN JUNE. SPREAD THE WORD. 250K CIRCULATION WEEKLY. HE WILL HAVE THE LARGEST WEEKLY PAPER IN THE STATE. EDELMAN, AND ETHAN, WHO ZHERKA HAS ALREADY IDENTIFIED, ARE TOAST. GOOD NIGHT GUYS, YOU REALLY SCREWED UP WHEN YOU DID WHAT YOU DID.
FEEE SPEECH IS GREAT. ZHERKA IS AN ADVOCATE OF FREE SPEECH. IF YOU TOLD HIM WHAT YOU THINK OF HIM, ( YOUR OPINION) NO MATTER WHAT IT IS, HE IS OK WITH IT. BUT WHAT YOU GUYS WROTE ON THESE BLOGS IS NOT FREE SPEECH. ITS VICIOUS RIDICULE, SLANDER, DEFAMATION, AND ALL IN AN ATTEMPT TO SURPRESS HIS FREE SPEECH, AND TO CAUSE HARM TO HIM. MAKING STATEMENTS AS MATTERS OF FACT, LIKE YOU GUYS DID, WITH OUT ANY FACTUAL PROOF IS LIBELOUS. EDELMAN AND ETHAN HAVE GONE WAY OVER BOARD AND PAST WHAT IS COVERED AND GUARANTEED UNDER THE FIRST AMENDMENT. THE JN WILL NOT PROTECT YOU. IF THEY DID, THEY WOULD BE LIABLE FOR THE LIBELOUS, SLANDEROUS, DEFAMATORY, AND DANGEROUS STATEMENTS WHICH CAN COST A MAN LIKE ZHERKA MANY MANY MILLIONS AND RUIN BANKING AND BUSINESS RELATIONSHIPS. CALLING A MAN WHO HAS NEVER DONE A DRUG IN HIS LIFE AND IS SO ANTI DRUGS A DEALER, A MAN WHO HAS NO CONNECTION WITH ANY CRIMINAL OTHER THAN THE POLITICIANS HE WRITES ABOUT A MOBSTER, SAYING HE OWNS AN ESCORT SERVICE, AND IS LAUNDERING MONEY, IS NOT COVERED UNDER THE FIRST AMENDMENT. ITS ALL SAID TO CAUSE HARM, IN AN ATTEMPT TO RUIN HIM AND SILENCE HIS NEWS PAPER. BUT UNFORTUNATELY FOR YOU GUYS, YOU FAIL, AND ZHERKA WILL WIN AGAIN AND AGAIN. YOU GUYS WILL BE SHOCKED WHEN YOU REALIZE WHAT HIT YOU. HE WILL SUE YOU AGAIN AND AGAIN, ONE SUIT AFTER THE OTHER. BE CAREFULL AND TELL THE TRUTH OR SUFFER THE RATH OF CONTEMPT, IN FEDERAL COURT. ZHERKA WILL PERSUE CRIMINAL CHARGES UPON ANY WRONGDOING AND WILL PRESS THE ISSUE. HONESTY IS THE ONLY POLICY. WE WARNED YONKERS OFFICIALS OF RECORDINGS AND THEY THOUGHT WE WERE BLUFFING, ZHERKA WAS NOT. AMICONE JUST GOT SERVED WITH 3 NEW SUITS IN THE LAST TWO WEEKS. PERJURY PERJURY PERJURY. NOT GOOD AND WILL BE SERVED WITH MORE AS TIME GOES ON FOR MORE VIOLATIONS OF CIVIL RIGHTS JUST AS SOON AS HE IS DEPOSED. HEE HEE HEE HEE. A LITTLE ADVICE: RESPECT THE CONSTITUTIONAL RIGHTS OF ALL, DONT ABUSE THEM. AFTER ZHERKA KICKS YOUR ASSES ON THESE CASES, IT SHOULD WAKE YOU UP.
A CLOSE AMIGO OF SAM ZHERKA
respect the constitutional rights of all…and if you
are a newspaper owner you can print whatever you want about
PUBLIC OFFICIALS which Zherka has done time after time
making him PUBLIC OFFICIAL HIMSELF and the constitution
applies to all and that means Zherka doesn’t escape criticism but remember he has to prove who said what
and that it damaged him…he can’t ..he won’t but
he will pay counsel fees…and wait til you see who
appears in court
Michael Edelman posted that Sam Zherka can’t even sue the Manhattan district attorney just because Zherka doesn’t like being investigated. That makes sense. If others claimed to be Yonkers officials and perhaps Janet DiFiore are claimed to be so-called conspirators of the Manhattan district attorney, I would think the Manhattan district attorney will just file papers to dismiss the case, and Edelman and Yonkers will do the same because they are the co-defendants of the Manhattan district attorney. How an investigation in Manhattan is supposed to have anything to do with Zherka’s claimed conspiracy by Yonkers officials, Edelman and the Manhattan district attorney is a very strange claim by Zherka in the first place.
First off I thing that PCONY is Zherka but that’s just my guess based on the comment by I believe the Journal News that the Guardian looked like it was written by a madman. I think this response is also looking like a madman wrote it.
So he writes..
BUT WHAT YOU GUYS WROTE ON THESE BLOGS IS NOT FREE SPEECH. ITS VICIOUS RIDICULE, SLANDER, DEFAMATION,
Yea, maybe yes, maybe no but certainly vicious ridicule, slander and defamation define the Guardian in my opinion.
Further it’s protected speech as the United States Supreme Court has already stated in the Sullivan v New York Times case.
This piece of crap is a public figure so he can’t win. He knows it, his lawyers know it and so this must be a blackmail attempt. (By the way this is my opinion.)
Also since Salim Strip Club Sam Zherka says he is fine with opinions I want to add that I think he is a sex pervert since he makes money from the sex business. My opinion of course.
Also it’s my opinion that anyone who spends money on a company that would advertise in his rag are hurting themselves and our society.
Best wishes…...
I also think that might be Sam Zherka himself. If it is, he does sound unhinged. The free speech and other first amendment provisions do apply to this blog, especially in the case of a lightning-rod public figure like Zherka is.
Sam Zherka claims he has a huge conspiracy plotting against him, but it is one that makes no sense. Paranoia, anyone? I would expect the Journal News knows that Zherka is throwing everything he can think of against a wall, even though it is not believable. They also must know they will protect their blogs from any attempts at invasion of privacy and so on which also would violate the first amendment and open a Pandora’s Box they don’t want to open because of other problems it would bring. Just one of those would include future attempts to stifle free speech and privacy protections.
I also think the DA in Manhattan will move to dismiss Sam Zherka’s case as groundless, and the same goes for Mike Edelman and the Yonkers officials.
Zherka’s revolting weekly paper and his constant lawsuits against anyone and everyone in the different communities undoubtedly reveal him for just what he is.
god bless sam zherka. If you guys, Edelman, Joe Slezio, Simpson, Amicone, John FIbber Fleming, Bill Reagan, had one percent of the character this man seems to have you would all be OK. Its because you dont, and are all Hacks that you guys cant deal with him. He doesnt seem to kiss any ass, doesnt take any crap and doesnt need you losers that drives you guys crazy. I remember Amicone calling the law suit that he just got slammed on, a frivelous law suit. What happend. How frivelous was it. You are all doomed God Bless him. I was in Rory Dolans when I saw his story on TV, and you know what half the people there agreed that this country need more men like Sam Zherka.
I guess that is why Zherka and his organization awarded
me the integrity award and invited to me be a guest
columnist in his paper on the subject of cross endorsements
consistancy is the hobgoblin of small minds…and I am really shaking in my boots to address the poster several
posts above because while your boy is at nobu’s, in manhatttan by the by, I am in palm beach teeing off…
again..And one final remark before I go to Spottas
for a nice piece of fish…lying about what someone
says constitutes malice…ie creating the illusion
that the consutant posted something that the Plaintiff
knows is not the case, rebutts the holding in Times
vs Sullivan….so all I have to do is produce my
own blogs….demonstrate that the blog in zherkas
papers are bogus and made up and I have him outside
of Times…and I can’t wait to show him and his
newspaper staff that they stepped over the line…
big time….sleep well sam..see you in court
i see that the consultant is a little nervous. why are you nervous mr consultant/ mike edelman. dont you think that you went over board in the blog that you wrote about sam zherka. thats not free speech. thats venom, hatred, and down right disgusting. im very ashamed of you for speaking that way and then trying to justify it. its a slap in the face of every decent person who really respects our sacred document. The US constitution.
the mistake you are making is accepting the allegation
that the words the complaint mentioned about his mob ties
were said by me..its like you are not interested in the facts…they were not…I don’t refer to anyone by their
ethnic or religious origins.just their politics…so
you may not care but a federal judge will….and if those
words were intentionally put in that complaint knowing they
were uttered by someone else, even thought they may be
protected speech on a blog site…mr. zherka will bear
legal responsibility for doing so….have a great weekend
If Zherka’s brother Ali is involved with the Albanian mob, which he IS according to his official record as published in news articles, and last year’s federal indictment, (which is reported on the internet), then Zherka would be tied to the mob in that particular regard, by virture of his admittedly close relatonship with his brother. That would NOT be the same as saying Zherka himself is actually a mob member. But to voice a protected opinion that he would be tied to the mob, or linked or connected to it because of his acknowledged close relationship with his brother would not be a false or defamatory statement, no matter who supposedly made it.
Further, it is not like Zherka is a priest who lives in California or in Europe. He is a Manhattan strip club owner who is in close proximity to his brother.
Besides, any comment attributed to the Consultant or anyone else is protected free speech when it comes to a public figure the likes of Sam Zherka. The comment also may be misstated or misquoted in the suit, or taken out of context entirely. Or someone else could have said it. Sam Zherka has often published outlandish accusations about many people in the Guardian paper. But the important free speech protections also apply to others, not just to Sam Zherka. He cannot have it both ways.
Zherka is blaming Yonkers officials and the Consultant for his troubles, but it is the Manhattan district attorney who is investigating him. He would not be handing out all those grand jury subpoenas, according to Zherka, if there was nothing that interested him in a big way.
It makes more sense to believe that trying to blame that Manhattan investigation on anyone but himself is a desperate ploy by Zherka to put himself in a victim role, an attempt at intimidation, and also a troubling attempt to learn the identities of people who (based on his claims) would then be protected confidential informants of the Manhattan district attorney. The Manhattan district attorney would view that as a serious matter.
The previous post is my protected opinion.
Did someone say MOB?
Cop: Genovese crime family also mulled Rudy Giuliani hit
BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER
Friday, October 26th 2007, 4:00 AM
John Gotti wasn’t the only one who wanted Rudy Giuliani dead.
City cops investigated a September 1995 contract on the then-mayor by the Genovese crime family when Giuliani was trying to run the mob out of the Fulton Fish Market and the Javits Convention Center, the Daily News has learned.
Two low-level, Italian-born mob associates were suspected in the plot but never charged, according to Jim Kelly, the detective who headed the probe for two years in the mid-to-late 1990s. “I want to kill Rudy,” Kelly quoted one as saying. “I want the money, and I want to get out of here.”
The price for offing the former prosecutor was to be $50,000, but in a penny-pinching mood, the hoods considered farming out the job to “a Puerto Rican gang” for half that amount, Kelly sad.
But the Genovese associates eventually got the high-profile assignment for the original price. They were told they’d be spirited out of the country after the hit.
“I did interview a number of underbosses, soldiers, capos or bosses,” Kelly said. “These were very strong allegations. The guy was going to do it and then get out of America. I found reliable people who said this is true. We told them you best not do it.”
Kelly said the hit plot included some of Giuliani’s top deputies, including Randy Mastro, who led the Giuliani administration’s efforts to eliminate mob influence in the fish market and the city’s construction trades. Also named were Deputy Mayor Rudy Washington and Chief Counsel Dennison Young, Kelly said.
Kelly declined to reveal the men’s identities because they were never arrested in the plot. They were, however, hit with unrelated drug charges.
Conversations about the plot were picked up in the Bay Ridge section of Brooklyn and the Bronx, said Kelly, who at the time was assigned to the FBI/NYPD Joint Organized Crime Task Force.
Testimony at the trial of former FBI agent Lindley DeVecchio on Wednesday revealed that the heads of New York’s five crime families debated whacking Giuliani in 1986 when he was the Manhattan U.S. attorney. But Giuliani was spared by a 3-to-2 vote, with Gambino boss Gotti and Colombo boss Carmine (Snake) Persico voting to kill. Genovese boss Vincent (Chin) Gigante was among those who voted to let him live.
Yesterday, Giuliani told a radio interviewer he couldn’t keep track of the various plots against him, but gave a hint that he might have known something about the 1995 plot.
“I remember they threatened to kill some of my assistants, and I had to protect one of them and, you know, make sure he got the proper protection for it,” Giuliani said. “I don’t remember that I was part of that, but maybe I was.”
jmarzulli@nydailynews.com
I Love the Mob stories…..(Use to anyway, not no more) LOL
Jim Kelly’s posting shows why confidential informants are always protected. Always. That includes protection from what are intimidating, and baseless, fishing expeditions which are disguised as something else.