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									            Case 3:06-cv-01645-JP Document 330           Filed 02/14/11 Page 1 of 3



                       IN THE UNITED STATES DISTRICT COURT
                         FOR THE DISTRICT OF PUERTO RICO



 HERBERT BROWN III, ET AL,

 PLAINTIFFS,                                      CRIM. NO. 06-1645 (JP)

                       v.

 COLEGIO DE ABOGADOS DE PUERTO
 RICO,

 DEFENDANT.


         OSVALDO TOLEDO MARTINEZ’ INFORMATIVE MOTION
       REGARDING THE PAYMENT, UNDER PROTEST, OF THE $ 10,000
    CONTEMPT SANCTION IMPOSED BY THE DISTRICT COURT IN DKT. 319

TO THE HONORABLE COURT:

       COMES NOW, OSVALDO TOLEDO MARTINEZ, President of the Colegio de Abogados

de Puerto Rico, through his undersigned attorney and respectfully alleges and prays:

      1.       Attorney Osvaldo Toldedo Martinez, hereby informs the court that will pay, under

protest, before 3; 00 p.m. today, the $ 10,000 sanction imposed on him as a non-party, and,

which was also imposed on the only party defendant in this civil action, the Colegio de

Abogados de Puerto Rico, jointly and severally , on February 8, 2011. ( Dkt. No. 319 .)

       2.        Mr. Toledo further informs the court that said $ 10,000 is not being paid from

the funds of the Colegio De Abogados de Puerto Rico, nor was payment authorized by the

Colegio’s board or officers. This sanction is being paid at the request of Mr. Toledo’s wife,

Dona Ramonita Toledo; said sanction is being paid to secure her husband’s immediate release

from prison and to safeguard his health.
           Case 3:06-cv-01645-JP Document 330               Filed 02/14/11 Page 2 of 3



            3.       Undersigned counsel has visited Mr. Toledo at MDC as have other attorneys.

Mr. Toledo’s health is deteriorating and his health problems have been aggravated in the last 24

hours. His family is legitimately concerned and believe that his health will further decline. They

have requested that undersigned counsel present payment of the fine. For this reason, we request

that Clerk’s Office effectuate his immediate release directly from MDC, upon receipt of

payment of the sanction, at the Clerk’s Office and that it not require that he be transported to the

Clerk’s Office from MDC to be released.

           4.        Attorney Toledo reserves his right to challenge the legality of the contempt

sanction and the legality of the manner in which it was imposed on him; the underlying

protective or “ gag ” order; the legality of the certification process to the extent that it impacts

significant constitutional rights of attorney Toledo; the manner in which the certification process

is being implemented by the court and the manner in which it appears to chill the constitutional

rights of attorney Toledo; the correctness of Judges Jaime Pieras Jr. and Jose A. Fuste having

presided over this controversy and whether they should both recuse themselves; and all

additional legal and constitutional challenges which attorney Toledo has standing to raise.1

       WHEREFORE attorney Osvaldo Toledo Martinez hereby requests that the court take note

that he will pay the sanction imposed before 3:00 p.m. today, under protest, and requests that

he be released directly from MDC this afternoon, as soon as possible.

      At San Juan, Puerto Rico this 14th day of February, 2011.

       1
          Attorney Toledo is fully aware of the line of authority that holds that a sanctioned party
is usually required to comply with the contempt sanction to have standing to challenge the
legality of the sanction before the appellate courts. See, Walker v. City of Birmingham, 388
U.S. 307 ( 1967); In the Matter of Providence Journal Co., 820 F. 2d 1342 (1986). Attorney
Toledo contends that those authorities pose no bar to his raising the above-mentioned issues in
the appellate courts, if necessary, and that these authorities certainly pose no bar to his raising
the identified issues and others before the District Court.
            Case 3:06-cv-01645-JP Document 330                Filed 02/14/11 Page 3 of 3




                                                   RESPECTFULLY SUBMITTED,

                                                   S/ MARIA H. SANDOVAL
                                                       USDC No. 201210
                                                       Post Office Box 9878
                                                       San Juan, Puerto Rico 00908
                                                       Telephone: 787-282-0281
                                                       Facsimile: 787-282-0277
                                                       mhsandoval@att.net


                                  CERTIFICATE OF SERVICE

          I, hereby certify that on this date, I electronically filed the foregoing Notice of

Appearance with the Clerk of the Court, using the CM/ECF system, which will send electronic

notification of this filing, to attorneys David Indiano and Andres Lopez, and all attorneys of

record.

          At San Juan, Puerto Rico this 14th day of February, 2011.



                                                         s/ MARIA H. SANDOVAL

								
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