A FINE EXAMPLE FOR BROWARD


DAILY BUSINESS REVIEW
July 16, 2007

"If U.S. District Judge Federico Moreno has his way, he will usher in a new era of openness and technology-friendliness during his tenure as chief judge of the Southern District of Florida."

http://www.dailybusinessreview.com/news.html?news_id=44075

 

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  • 7/16/2007 3:17 PM In the Glass Darkly wrote:
    If you think Moreno is beyond reach or culpability then think twice.

    I recall that the Swiss and European press were all over Federico back right before he was appointed to the Federal bench. You see Federico was a Circuit Court judge down in Dade County.

    The case was State v. Thomas Spoerri, a young Swiss national accused of raping a 9 year old Haitian girl whose mother was pimping her daughters out in North Miami Beach.

    Young Spoerri, who spoke broken English was taken into custody and questioned at length and told what to say by the police, who repeatedly denied him a lawyer.

    I will spare all of you the gory details, but the same detectives involved in forcing a confession out of Spoerri had done so repeatedly with several other "usual suspects" when it was convenient for them.

    At trial, the State was permitted to run roughshod over the defense. At one point, Judge Moreno was compelled to admit a video tape into evidence before the jury, but conveniently called a lunch recess early. He ordered the tape locked up in his chambers.

    When all returned from lunch, the tape had been smashed up so that it was unusable.

    Other errors occurred during the trial as well. Judge Moreno was not likely to give that kid an even break for his life.

    He surpressed the evidence of the child's mother's history of abusing her daughters and pimping them out to different men; there was no direct evidence linking Spoerri to any crime involving the child; and there was no evidence other than the child's testimony, that it was he who allegedly molested her. However, I add, during trial she identified Spoerri's defense counsel as her attacker.

    Spoerri was convicted on bare thread evidence and sentenced to 52 years in prison.

    It took the Third DCA to free him on the most egregious of errors.

    Spoerri eventually returned to Switzerland, damaged goods.

    The point is, everyone concerned, even the bailiffs in the courtroom, believed that Moreno used the Spoerri case as currency to persuade the Senate to confirm his nomination as a 'law n' order' judge.

    Justice seemingly was traded for a lifetime appointment on the bench.

    Ask any of the European and Swiss reporters that attended the trial, as well as the Swiss Consular observers, and they will tell you Moreno delivered an UNFAIR trial.

    Perhaps that is the one and only time. I don't know. But I remember the press jumping all over this case as a miscarriage of justice. And .... it was.

    If you think Moreno is squeaky clean, just imagine what he had to kiss to get where he's at.
  • 7/16/2007 3:42 PM Anonymous wrote:
    glassman, i think i love you
  • 7/16/2007 4:29 PM David Lindsey wrote:
    if glassman knows so much why doesn't he take these bumbs down. we can't even get ross investigated after an attorney swears she was raped by him no less than 10 times. u all make me wonder if any of u can be trusted. we have ross and can't get any help.
  • 7/16/2007 5:45 PM Anonymous wrote:
    ur starting to sound a little one note lindsey . . if you are so intent, call a press conference. that ought to get the ball rolling. one thing . . without the alleged victim joining you in your call for justice, you got nothing .. no press, no investigation, no credibility
  • 7/16/2007 5:49 PM nero wrote:
    he looks like he's reading the verdict after the death penalty phase. kind of like an old roman emperor. thumbs up he lives, thumbs down and .....
  • 7/16/2007 6:14 PM In the Glass Darkly wrote:
    To Bill Lindsey who wrote:

    "if glassman knows so much why doesn't he take these bumbs down. we can't even get ross investigated after an attorney swears she was raped by him no less than 10 times. u all make me wonder if any of u can be trusted. we have ross and can't get any help."

    Bill, what makes you think I didn't go to the authorities. I took the story to a reporter with the Broward Review and another reporter with the Herald.

    I even had videotapes of certain judges meeting with certain lawyers in 2 local restaurants to back up their extortion ploy in a civil case. Yes they were demanding favors and money.

    One of the judges could have been Ross. Yes, the man you hate so much.

    Both reporters were hot on the story. As it turns out, the videographer who worked on the surveillance got drunk and blabbed to one of his investigator buddies. Next thing you know it, both reporters called me and said they had to back off the stories.

    I was informed that a certain detective or shall I say retired detected from BSO convinced both reporters that their lives, families and reputations would be ruined if the stories were broken.

    So I went to the national press that thought it was a cute piece but hardly worth publishing because there were bigger corruption probes elsewhere for larger stakes.

    The last straw was when I opened up my mailbox and found a rattle snake in it.

    So there you have it.

    That doesn't mean its not news. It was news.

    And oh yes, I know, you will mention the JQC. Yes, they got a piece of that action too. The complaint was dismissed for lack of sufficient evidence (under the clear and convincing standard) to support a conspiracy to extort money and favors in a civil case.

    That was a few years back Bill. There was sufficient evidence in my opinion. Plenty of evidence in my opinion.

    Would I do it all over again? Yes. I would. Admittedly I would have someone else other than a family member check my mailbox though.

    However the statute of limitations has passed. They successfully killed the story, the case and the complaint against the judges involved.

    Ask yourself this question, Bill. Remember when Judge Andrews was letting doctors and teachers off of jury duty while he was the jury duty judge? Then he got caught and Ross promised an investigation. The practice stopped, but nothing ever happened to Andrews. There was no "investigation". Ross simply told Andrews to cool it down until the press shut up.

    That's what they do here. They kill these inquiries.

    When Marilyn Tobkin left town, she wanted to start a new life. She just didn't want to go through the hell Ross would've put her through since she's suffered enough already.

    They wore her down.

    I don't think you're wrong in pursuing Ross. You're right about one thing: he's not honest. You are certainly free to go after him all you want.

    Enough said.
  • 7/16/2007 6:26 PM Anonymous wrote:
    Uh, David Lindsey is a real person. He is a double amputee (legs), frequently seen around the courthouse.
  • 7/16/2007 6:50 PM the trialmaster wrote:
    word is that michael"mad dog" von zamfpt will prosecute crying larry. i would not want to be in crying larry's shoes when the mad dog gets ahold of him.
  • 7/16/2007 6:53 PM David Lindsey wrote:
    i like that one yep i'm real.
    in a glass thank u for the info. ur problem was they got to u, i would have shot them. i don't take death threats well. the media obviously has no balls any one have any suggestions maybe i'll walk up and down in front of the court house with a sign. ross accused of rape. what ever it takes
  • 7/16/2007 7:02 PM Anonymous wrote:
    hey in the glass darkly, you seem to know a lot but you don't know lindsey? don't you know his pal tobkin either?
  • 7/16/2007 7:05 PM David Lindsey wrote:
    to in a glass
    marilyn didn't leave town to get away, hell she owns ross and chuck morton and many more, she moved up here after she married me and she started the same crap here. i got her a job with a law firm, they out computers in our house so she could be with her children. 2 months later she was ready to kill her kids and statrted her games she started going to the office and the next thing u know she was making claims about judges up here and her boss molesting her. she knows how to work the system, never think she is a victim, she is a pro. i had to get a restraing order on her and have tried to help save the tobkin children from her amphetamine enraged fits that she throws. what a system they don't care if the children are abused as long as they can get laid. we have got to find away to hold judges accountable starting with pollygraphs and drug test then sever punishments. if we don't get these things the system will not get fixed so just get ur wallet out it's buisness as usual
  • 7/16/2007 7:08 PM David Lindsey wrote:
    to anonymous
    i'm proud to call tobkin my buddy u can tell by how hard they try to destroy him that he isn't kissing their ass
  • 7/16/2007 8:28 PM Anonymous wrote:
    Isn't marcus covering the federal stuff? What does this have to do with broward state court?
  • 7/16/2007 8:35 PM David Lindsey wrote:
    DON'T NEED marilyn to participate they can throw her in jail if she doesn't. officer of the court not cooperating with a felony investigation. she already swore to the rapes. just need the law to do it's job.
  • 7/16/2007 9:05 PM In the Glass Darkly wrote:
    To David Lindsey, who wrote:

    "marilyn didn't leave town to get away, hell she owns ross and chuck morton and many more, she moved up here after she married me and she started the same crap here. i got her a job with a law firm, they out computers in our house so she could be with her children. 2 months later she was ready to kill her kids and statrted her games she started going to the office and the next thing u know she was making claims about judges up here and her boss molesting her. she knows how to work the system, never think she is a victim, she is a pro. i had to get a restraing order on her and have tried to help save the tobkin children from her amphetamine enraged fits that she throws. what a system they don't care if the children are abused as long as they can get laid. we have got to find away to hold judges accountable starting with pollygraphs and drug test then sever punishments. if we don't get these things the system will not get fixed so just get ur wallet out it's buisness as usual"

    Though I don't doubt your sincerity about what you believe to be the Tobkin/Ross rape allegations, or what you believe Marilyn is doing to the system, you nonetheless just made Ross's defense case.

    Let me clarify what I'm saying. If what you say is true, that Marilyn Tobkin is prone to amphetamine-driven fits, endangers her children, and accuses other men of sexual harassment or rape, then Ross would have a fair chance at demeaning her credibility if the charges were ever pressed. The standard of proof is clear and convincing evidence to dethrone Ross, and guilt beyond a reasonable doubt if you were to charge Ross criminally.

    I don't know if Marilyn owns Ross or Chuck Morton, but assuming she did, then why go up to central Florida? I don't know her as well as you, so I would have to say you are Ross's best evidence at this point.

    As far as Donald Tobkin is concerned, he was a good but overly agressive ego-driven medmal lawyer and doctor. I don't know what happened to him, other than I read at one point that his licenses were in trouble.

    Therefore, if you were to get Marilyn to fight Ross, the best you would get is an embarassed Marilyn and a smeared Ross. However, Ross is so smeared at this point, it wouldn't change the present situation and would not result in any better result.
  • 7/16/2007 11:11 PM Go Away wrote:
    Am I the only one who is getting really tired of Lindsey's posts? This blog shouldn't be the arena for your (or anyone's) personal crusade. Posting your ex-wife's emails (and your salacious allegations) under every single article is childish and actually somewhat frightening. On that note, aligning yourself with Tobkin is similar to chasing windmills with Don Quixote. He has zero credibility in the courthouse, which I am sure you know. You either need to get some new material or get your own blog because your are begining to ruin this one.
  • 7/17/2007 5:56 AM David Lindsey wrote:
    what is this blog doing now stopping the things i write
  • 7/17/2007 8:24 AM Marilyn Byrd wrote:
    The stories that David Lindsey (Donald Tobkin's puppet and maybe more) repeatedly writes about me are false, no matter how many times he repeats his lies. I do not abuse my children (if I did as he claims, DCF would have taken them from me - - and there have been many duplicate reports against me to DCF that mirror David's blogs), I do not abuse any drugs or medications. Other than my past problems with Judge Ross, more than 17 years ago, I have not accused any judge or attorney of rape or molestation (those stories are a product of David/Donald's imagination), I do not own any person, and David's ex-parte petition for restraining order against me was his fraudulent attempt to take me out of our newly purchased home after his failed attempt to extort me with his delusions. I work very hard to support my children and myself, I respect the law and try to help others when I can, and I have not and never would go out of my way to destroy any other person by fraud, unlike David and his best buddy - - maybe someday they can be roommates.
  • 7/17/2007 12:33 PM In the Glass Darkly wrote:
    To Marilyn Byrd,

    Its nice to read the other side of the story. It seemed a bit one-sided up until now.

    Do you think Bill is sincere in what he's saying (that is he actually believes what he is saying)?

    Or is it just an act? And if so, to what purpose other than getting a house in the bargain.

    Most of his rage has been directed against Ross up until now.
  • 7/18/2007 7:34 AM David Lindsey wrote:
    to marilyn and glass darkly.
    marilyn abuses amphetamines the medical reords prove it. there has been independent testimonu about her abuse to the children and others. that restraining order stayed there for 10 months -- so u tell me if it was for real or not. she lied on here because not only did she claim ross raped her but two other judge too, it is in her transcripts. poor marilyn just can't tell the truth or how about memorial hospital where they got rid of her for making allegations of sexual abuse against dr. poster, they even have video tapes of her lies and information on fake bank accounts where she has been hiding money that she has stollen. in a glass u sound like a real sap just like i was, u believe her stories.
  • 7/18/2007 7:54 AM David Lindsey wrote:
    oh yea marilyn really loves helping clients, she used to bring nude pictures home of clients on pi cases where they too pictures of their injuries. she would show them to me, she is a real winner and lets talk about her abuse on her mom and my mom. a real sweet gal.
  • 7/18/2007 8:17 AM David Lindsey wrote:
    marilyn would have u believe that i am doing this just to try and win a house. i have lost more money in the house and to marilyn than i could ever get back from her or the judges. it is all about looking those 3 children in the eye and i told them i would do everything poss to get them out of that situation. when it all said and done i will have kept my word to 3 children who are being abused, we know the dcf and the courts will not help. at the end of the day the GREAT I AM will speak.
  • 7/18/2007 11:04 AM Marilyn Byrd wrote:
    I think that David Lindsey's motivation, other than taking my portion of our assets by fraud, may be some deal he has with Donald Tobkin, indebtedness to Donald or fascination with Donald. I'm not sure who Bill Lindsey is, but as to David, I don't know whether he has convinced himself to believe his allegations against me after being around Donald Tobkin for so long, or if he is knowingly making false defamatory statements against me - - in the wrong forum - - I understand that jaablaw was created for comments and opinions about the Broward judiciary (agreeing with Go Away). The e-mail allegedly written by me that David repeatedly posts has been altered and encrypted. David is showing that he may have been involved with Donald a lot longer than I thought, especially as to the incident at Memorial Hospital, which I had always thought was instigated by Donald. Again, I deny all of David's allegations against me.
  • 7/18/2007 11:29 AM Anonymous wrote:
    the GREAT I AM says you're a crackpot.
  • 7/18/2007 11:32 AM Sick of Lindsey wrote:
    Please be advised that as of noon today the address of this website will be changed from www.jaablaw.com to www.lindsey.com . Thank you.
  • 7/18/2007 11:44 AM To Ms. Marilyn Byrd wrote:
    I don't know or care about any of the allegations they make against you personally. It seems slimy and unbecoming.

    I am, however, interested in what happened with Ross 17 years ago. You seem to acknowledge there were interpersonal problems with him in the past.

    Can you elucidate, if something bad did happen? If this man hurt you, he should be brought to justice. No man is above the law, even a judge.

    If he did nothing, you should let us know too. It is not right that Ross is being smeared with allegations of sexual abuse if it is not true.

    Please help clear the air Ms. Byrd. From what little I have seen, you are a brave woman, and I hope you can clear the air relating to these allegations clouding a public servant who has held a leadership position in Broward for many years, whose judgement and sense of right and wrong effects the lives of countless human souls.

    Thank you Ms. Byrd.
  • 7/18/2007 11:49 AM David Lindsey wrote:
    my feelings are hurt some gutless wonder tries to insult me. u got to do better than this. come on marilyn harp in again we love to hear from the biggest victim in the world. now i'll go cry my eyes out i just take this brutal insult.
  • 7/18/2007 12:41 PM Anonymous wrote:
    You need psychiatric help. You complain for weeks that no one will take Marilyn seriously, and then you allege she is not worthy of belief. Go start your own blog and leave tis one alone.
  • 7/18/2007 12:47 PM In the Glass Darkly wrote:
    To Marilyn Byrd and David Lindsey:

    I did get David's name wrong. I apologize to both of you. I meant David not Bill. Bill Lindsey was the (now long-deceased) head of the Fort Lauderdale Housing Authority, and an interesting gentleman who was fun to debate with. However he was also a politician who practiced way too much of the Machiavellian method.

    My only curiosity here is that I sense David Lindsey believes what he says and that you believe what you have said.

    Be that as it may, he seems to want to go after Ross with these allegations but at the same time wants to demean your credibility.

    Hence, without some other credible evidence of the events that occurred 17 years ago, I think it would be next to impossible to prove the case.

    What I am looking for is unassailable, impeccable, iron-clad evidence that's beyond the personalities, clashes and conflicts shared by you, Donald and David.

    Otherwise, I fear, its as I said, next to impossible to prove the allegations.
  • 7/18/2007 1:27 PM David Lindsey wrote:
    to a glass darkly
    she swore under oath to the rape by ross and 2 other judges. now we know she was raped or a liar. if she doesn't want to participate with information of a 1st degree felony hold her i criminal contempt. u treat it as if rape i nothing. hey i'll tell what lets all meet at a polly graph office i'll pay for it and lets see u the liar is. i have the proof of the allegations she made against dr poster too. now i have put up are u guys. heck when she worked for david singer she would tell me that the office manager was gay and trying things with her. every where she goes. if she is a liar lets dissbar her if she is telling the truth lets stop these rapist
  • 7/18/2007 1:33 PM David Lindsey wrote:
    to marilyn. just like the good little lawyer-- deny deny plead the 5th just like u have when i have had u in court. i have the documents and videos from the hospital so lets all get together and look at all the transcripts and ur lies just like u lied to vitale about my son saying u never left them alone with my son. lets meet at the pollygraph office marilyn. i'm ready to show the truth or u
  • 7/18/2007 1:44 PM David Lindsey wrote:
    to letter to ms byrd
    right on point. i started off trying to bring light to the corruption of ross or the corruption lying lawer ms byrd. marilyn will never come straight forward and answer to these questions like u said she has addmitted the problems with ross and tries to call me the liar. if she lies on one point she is more likely than not to be lying on all points. like i said marilyn lets go to the pollygraph office and clear the air.
  • 7/18/2007 4:16 PM David Lindsey wrote:
    HOPe this comes out transripts ross and 2 other judges rape
    If there are images in this attachment, they will not be displayed. Download the original attachment
    Page 1
    IN THE CIRCUIT COURT OF THE SEVENTEENTHJUDICIAL CIRCOIT,IN AND FORBROWARD COUNTY,FLORIDAGENERAL JURISDICTIONDIVISIONPage 1CASE NO.MARILYN BYRD TOBKIN,01-17528 39/90.,IPetitioner,v.DONALD ALAN TOBKIN,Respondent- x633 So. Andrews AvenueFort Lauderdale,FloridaDecember 12, 200210:00 a.m.- 12:05 p.m.PARTIAL TRANSCRIPTDEPOSITIONOF MARILYN TOBKINTaken before ROBERT WOLINSKY,RMR,RegisteredProfessionalReporter and Notary Publicfor the State of Florida at Large, pursuant toNotice of Taking Depositionfiled in the abovecause .CHOICE REPORTINGSERVICEDade*Broward*Palm Beach(305) 374-2222(954) 792-4446
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    Puge2PHYLLIS L. PRITCHER,ESQ.524 So. Andrews Avenue, Ste. 200NFort Lauderale,Florida 33301Also PresentFixel & La Rocco3850 HollywoodBlvd., Ste. 300Hollywood,Florida 33021BY: TERRY FIXEL, ESQ.On behalf of the PetitionerTele: (954) 981-2200E X H I BITSAPPEARANCESRe-CRe-DDONALD ALAN TOBKIN, ESQ.Pro SeWitne35Direct CrossMARILYN TOBKIN3I N D E X123456789101112--,I13141516171819202122232425CHOICE REPORTING SERVICEDad •••Broward •••Palm Beach
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    1Thereupon--2MARILYN TOBKIN3was called as a witness by the Respondentand,4having been first duly sworn, testifiedas follows:5DIRECT EXAMINATION67************************************************8BY MR. TOBKINage 39Q.Let me ask you this.Did you ever10disclose to anybody that Judge Dale Ross sexually11harassed you and had sex with you at least ten12times?131415161718192021MS. NEWMARK:You have a constitutionalright to privacy.You don't have to answertha't.THE WITNESS:It's already beenpubliclydisclosed.I disclosedit for thevery first time to you, Donald Tobkin, duringour marriage,when you were asking me why Iwould not have sex with you and what was mysexual problem.And I finally told you.22Obviously,the wrong person.23BY MR. TOBKIN:24Q.Did you have sex with Judge Ross at25least ten times?CHOICE REPORTINGSERVICEDade*Broward*PalmBCllch
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    .,....123MS. NEWMARK:You don't have to answerthat under your right to privacy.THE WITNESS:I was sexually abused.Page 44BY MR. TOBKIN:56Q.By Judge Ross?MS. NEWMARK:The same instructionto7you;ifyou don't want to answer it.8BY MR. TOBKIN:910Q.A.Were you sexually abused by Judge Ross?Go read the newspaperarticles.It's11already in print thanks to you.12Q.What year did you discloseit to the13newspapers,that Judge Ross sexually abused you?14A.You dragged me to the Miami Herald15while I was pregnant with Tabby, to tell a16reporter.17Q.In 1996 you told the Miami Herald that1819202122232425Judge Ross sexually abused you?A.After --Q.Is that yes?A.Excuse me.MS.NEWMARKon't ra
  • 7/18/2007 4:29 PM David Lindsey wrote:
    1819202122232425Judge Ross sexually abused you?A.After --Q.Is that yes?A.Excuse me.MS.NEWMARKon't raise your voice atmy client.THE WITNESS:AfterMS.NEWMARK:Wait.What time is it?CHOICE REPORT1NG SERV1CEDade *Browl!Td"Palm Beach
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    .........,12345678910111213141516THE WITNESS:11:54.You called, after I told you, after youwre screamingat me about why I wouldn'thave sex with you, you called your friendreporter at the Herald and said, "guess whatmy wife just told me."And then after youhad a long conversationwith a reporter onthe phone and discloseda marital confidenceto a reporter,then you got me in the car anddrove me to the Herald and walked me inthere, eight months pregnant with Tabby, andthen left me in a room to tell the reportersthe rest of the story.Andrtold it in sucha way that they would not write a story.Then you constantlythreatenedme afterthat, "if you divorce me, if you file forPage 517divorce against me, I'll go back to the18Herald".19BY MR. TOBKIN:20Q.Did you talk to Judge Ross about21sexually harassingyou?2223Ross.24A.Q.I have had conversationswith JudgeWhen was the last conversationyou had25with Judge Ross?CHOICE REPORTiNG SERVICEDade*BrOW3J"d ,. Palm Beach
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    Page 6
    1A.Regardingthat subject matter, before IPage62ever met you.3Q.When is the last time you talked to4Judge Ross?5A.Probably late 1999, or early 2000, to6the best of my recollection.789Q.A.Q.Did you call him or did he call you?I think I called him.Did you want to talk to him about the10sexual abuse that he committedon you?11121314A.Q.A.Q.I can't remember why I called him.Did Judge Ross tell you to divorce me?No.Did you ever tell anybody that JUdge15Ross told you to divorce me?1617A.Q.No.Didyouever ask Judge Ross, list Judge18Ross as a referencein the last three years?191'1.In the last three years?I think when20you told me, go out and get a job, I had initially21put his name as a reference.Then I thought, nope,22that's not a good idea, becauseitwill just draw23attention to the newspaperarticles.24And I took it off, per Karen Amlong's25advice, who then said, Karen said, "put me down asCHOICE REPORTING SERVICEDade'*Broward •• Palm Beach
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    .',I12345678910111213141516171819202122232425a reference".And I said, "but Karen, how should Isay I know you'? I didn't work for you."And shesaid, "tell them that I am your friend".Q.Did Judge Ross threaten you that if youever disclosed he had sex with you, that he wouldruin you?A.Yes, he did.Q.Did he tell you that he would screw offyour head and piss down your neck if you ever toldanybody?A.No.MS. NEWMARK:Again, why areyouraising your voice towards my client?THEWITNESS:I have never heard thatphrase before you just saidit.That'sdisgusting.BY MR. TOBKIN:Q.Were you afraid of Judge Ross and
  • 7/18/2007 4:33 PM Looney Lindsey wrote:
    The only thing that transcript proves is that you/Mr. Tobkin are complete assh*les. Your psycho vendetta against you ex-wife is pitiful.
  • 7/18/2007 4:35 PM David Lindsey wrote:
    .Were you afraid of Judge Ross and hispower?A.Yes.Q.Areyoustill afraid of it?A.No; because the damage is already done.Q.Did Judge Ross sexually abuse you?A.I think so.Q.Did I ask you before we got married,CHotCE REPORTING SERVICEDad*Broward;I--------------------------------------------------------------------------------
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    1why is Judge Ross calling us?Did you have sex2with him, ever?Pag 8345678910111213MS. NEWMARK:Again, why are youraising your voice towards my client?THE WITNESS:The period of time that Ithink you're referringto is when yoti werestanding behind me dictating and I was typingfor you, Judge Ross called my house, and you,as you always did, would demand "who are youtalking to on the phone," because I never hadany privacy on the phone.And I said, "myfriend, Judge Ross."Then you grabbed thephone and screamed at Judge Ross, some14threateningwords.15BY MR. TOBKIN:1617Q.A.Like what?I cannot recall, but I recall that they18were threateningin tone and words.19Q.Here's the question.Did I ask you20before we got married, did you ever have sex with21Judge Ross?2223A.Q.No, you did not.Did you deny when I asked you if you24had sex with Judge Ross, after we got married,that25you had sex with him, did you deny it on directCHOICEREPORTINGSERVICEDade*Browurd • Palm Beach
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    1question.ing?Page 923MS. NEWMARK:Object to the form.THE WITNESS:You n.ever--4BY MR. TOBKIN:5678Q.A.For yearsYou never asked me that question.MS. NEWMARK:Object to the form.THE WITNESS:I divulgeditto you when91011121314151617181920I was refusing to have sex with you after youhad battered me, and I saidrwill not letyou touch me until you apologizeto me.Andyou said, "there must be something more.Youmust have been sexually abused".And I toldyou about a couple of instances.And then itfinally came out about Judge Ross.You never asked me if I had sex withJudge Ross, before we were married or duringwhen we were married.I divulged it to youunder pressure.I never meant to tellanybody.I was going to keep it a secret for21life.22BY MR. T08KIN:23Q.ISJudge Ross the only judge in the24courthouseyou've had sex with?25MS. NEWMARK:You have a constitutionalCHOICE REPORTlNGSERVICEDade*Broward'" Palm Beach
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    1questioning?Page 923MS. NEWMARK:Object to the form.THE WITNESS:You never--4BY MR. TOBKIN:5678Q.A.For yearsYou never asked me that question.MS. NEWMARK:Object to the form.THE WITNESS:I divulged it to you when91011121314151617181920I was refusing to have sex with you after youhad battered me, and I said I will not letyou touch me until you apologize to me.Andyou said, "there must be something more.Youmust have been sexually abused".And I toldyou about a couple of instances.And then itfinally carne out about Judge Ross.You never asked me if I had sex withJudge Ross, before we were married or durin
  • 7/18/2007 4:40 PM David Lindsey wrote:
    18181920I was refusing to have sex with you after youhad battered me, and I said I will not letyou touch me until you apologize to me.Andyou said, "there must be something more.Youmust have been sexually abused".And I toldyou about a couple of instances.And then itfinally carne out about Judge Ross.You never asked me if I had sex withJudge Ross, before we were married or duringwhen we were married.I divulged it to you\under pressure.I never meant to tellanybody.I was going to keep it a secret for21life.22BY MR. TOBKIN:23Q.Is Judge Ross the only judge in the24courthouseyou've had sex with?25MS. NEWMARK:You have a constitutionalCHOICE REPORTING SERVICEDade*Broward*Palm Beach
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    !>agc:101234567right to privacy.You don't have to answer.BY MR.TOBKIN:Q.Did you have se with Judge Speiser?MS.NEWMARK:Again,you have aconstitutionalright to privacy.You don'tto discuss that if you don't want to.BY MR.TOBKIN:89Q.A.Did you have sex with Judge Speiser?I'm not answeringyour questions.Do10you want to tell about everybodyyou had sex with11before we were married?Do you?1213Q.Seltzer?Did you have sex with Judge Barry14MS. NEWMARK:Same objection.Privacy.15She's not answering.16BY MR. TOBKIN:18Speiser and Ross have sexually abused you?171920Q.A.How many other judges besides Seltzer,None.21***************************************************2223BY MR. TOBKIN:24Q.Give me the name of one lawyer that has25turned you down for a job as a lawyer, becauseICHOICEREPORTINGSERVICEDade*BrOWllrd ,. Palm Beach
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    1ruined your reputationconcerningJudge Ross.Giveage 112me the name of one lawyer.:-",3456891011121314151617181920212223MS. NEWMARK:It's 12:05.Finish thisquestion,then we're done.THE WITNESS:I have been -- excuse me.Excuse me.Let me answer the question.Okay.I have applied to many, many lawfirms, probably at least 30.rcan't recallthe exact number.They have either notrespondedat all, I think about two or threehave sent rejectionletters.And theothers -- andralso went to severalinterviews,I think about five, and theydidn't ever give me the reason why they didnot hire me.They just simply didn't hireme.And I was saying -- and I applied foreither attorney, paralegal,legal secretaryor any combinationthereof, thinking thiswill be easy.I'll be able to get a job likethis.They would love to have an attorney asa secretary.Nobody would hire me.Nobody.The24closest that I came was David Singer.25BY MR, TOBKIN:CHOICE REPORTINGSERVICEDade • Broward • PalmBCHCh
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    1Q.So the answer is, no lawyer ever turnedPage 122you down becauseI ruined your reputationregarding3Judge Ross?456789A..Q.A.Q.A.Q.That's not true.Give me the name then, please.It came up in conversation.Who?In a couple of interviews.Who?This is not McCarthyism.Give m
  • 7/18/2007 4:42 PM David Lindsey wrote:
    9A..Q.A.Q.A.Q.That's not true.Give me the name then, please.It came up in conversation.Who?In a couple of interviews.Who?This is not McCarthyism.Give me10the names.11MS. NEWMARK:I would agree it's not121314McCarthyism,and on that note she's done,we're done.THE WITNESS:I cannot recall the exact15name of the law firm.I rememberit was in16171819202122232425Port Lauderdale.I can.not remember exactlythe name.And I do know that David Singeralso recalled it, but I cannot rememberexactly what was said.But there were references made like"Oh, you look familiar.Oh, yeah, you werein the newspaper.We saw you in thenewspaper".That's the type of referencer'mreferringto.CHmCE REPORTINGSEH.VICEDade*Bl"Oward*PalmBcach
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    12(Thereupon the taking of the depositionPage 133was adjourned.)45678910111213141516171819202122232425CHOICE REPORTING SERVICEDad ,. Broward •Pl1lmBeach
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    1CERTIFICATE OF OATH2STATE OF FLORIDACOUNTYOFDADE3I, the undersignedauthority,certify4that MARILYN TOBKIN personallyappeared before meand was duly sworn.SWITNESS my hand and official seal this12th day of December 2002.Page 1467891011P'JROBERTW06Notary Publc - State of FloridaMy CommissionExpires: 11-14-2005CommissionNo. DO 063788REPORTER'SDEPOSITIONCERTIFICATESTATE OF FLORIDA12COUNTYOFDADE13I,ROBERT WOLINSKY,RegisteredProfessionalReporter,certify that I was14authorizedto and did stenographicallyreport thedepositionof MARILYN TOBKIN; thatareview of the15transcriptwas not requested;and that thetranscriptis a true and partial record of my16stenographicnotes.17I further certify that I am not arelative,employee,attorney, or counsel of any of18the parties, nor am I a relative or employee of anyof the parties' attorney or counsel connectedwith19the action, nor amIfinanciallyinterestedin theaction.:-- .......••.•.202122232425DATEDlth day of December 2002.W'::?ROBERr::: Y,=-CHOICE: REPORTING SERVICEDade •• Browal"d •• Palm Beach
  • 7/18/2007 4:47 PM David Lindsey wrote:
    to looney lindsey wrote u idiot
    here is the proof under oath she addmitted to rapes. now tell me why an accusation under oath by an attorney should not be investigated. u can say what u want about me and i can say what i want about marilyn but here is what marilyn swore to.
  • 7/18/2007 5:27 PM David Lindsey wrote:
    BY MR. TOBKIN:5678Q.A.For yearsYou never asked me that question.MS. NEWMARK:Object to the form.THE WITNESS:I divulgeditto you when91011121314151617181920I was refusing to have sex with you after youhad battered me, and I saidrwill not letyou touch me until you apologizeto me.Andyou said, "there must be something more.Youmust have been sexually abused".And I toldyou about a couple of instances.And then itfinally came out about Judge Ross.You never asked me if I had sex withJudge Ross, before we were married or duringwhen we were married.I divulged it to youunder pressure.I never meant to tellanybody.I was going to keep it a secret for21life.22BY MR. T08KIN:23Q.ISJudge Ross the only judge in the24courthouseyou've had sex with?25MS. NEWMARK:You have a constitutionalCHOICE REPORTlNGSERVICEDade*Broward'" Palm Beach
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    1questioning?Page 923MS. NEWMARK:Object to the form.THE WITNESS:You never--4BY MR. TOBKIN:5678Q.A.For yearsYou never asked me that question.MS. NEWMARK:Object to the form.THE WITNESS:I divulged it to you when91011121314151617181920I was refusing to have sex with you after youhad battered me, and I said I will not letyou touch me until you apologize to me.Andyou said, "there must be something more.Youmust have been sexually abused".And I toldyou about a couple of instances.And then itfinally carne out about Judge Ross.You never asked me if I had sex withJudge Ross, before we were married or duringwhen we were married.I divulged it to you\under pressure.I never meant to tellanybody.I was going to keep it a secret for21life.22BY MR. TOBKIN:23Q.Is Judge Ross the only judge in the24courthouseyou've had sex with?25MS. NEWMARK:You have a constitutionalCHOICE REPORTING SERVICEDade*Broward*Palm Beach
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    !>agc:101234567right to privacy.You don't have to answer.BY MR.TOBKIN:Q.Did you have se with Judge Speiser?MS.NEWMARK:Again,you have aconstitutionalright to privacy.You don'tto discuss that if you don't want to.BY MR.TOBKIN:89Q.A.Did you have sex with Judge Speiser?I'm not answeringyour questions.Do10you want to tell about everybodyyou had sex with11before we were married?Do you?1213Q.Seltzer?Did you have sex with Judge Barry14MS. NEWMARK:Same objection.Privacy.15She's not answering.16BY MR. TOBKIN:18Speiser and Ross have sexually abused you?171920Q.A.How many other judges besides ROSS Seltzer, AND SPEISER have sexually abused you? None.212223BY MR. TOBKIN:24Q.Give me the name of one lawyer that has25turned you down for a job as a lawyer, becauseICHOICEREPORTINGSERVICEDade*BrOWllrd ,. Palm Beach
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    1ruined your reputationconcerningJudge Ross.Giveage 112me the name of one lawyer.:-",3456891011121314151617181920212223MS. NEWMARK:It's 12:05.Finish thisquestion,then we
  • 7/18/2007 6:29 PM Anonymous wrote:
    http://caselaw.lp.findlaw.com/data2/floridastatecases/10_2006/sc04-1493.pdf
  • 7/18/2007 6:41 PM David Lindsey wrote:
    thats funny what does tha have to do with ross seltser and speiser raping marilyn. u can try to change the subject but the subject is sworn statement and 3 judges accused of rape
  • 7/19/2007 9:36 AM Marilyn Byrd wrote:
    First, neither Barry Seltzer nor Mark Speiser ever raped me or touched me against my consent in any way - - they were my friends and were, and I assume still are, very decent people who respect and uphold the law. If you read the un-chopped transcript, you would see that I never testified to that - - anything in that transcript alleging rape in reference to them comes from Donald Tobkin’s screaming, loaded questions to me, which was NOT my testimony! Can you imagine me having my deposition taken by my ex-husband who, during our marriage, had taken me by the arms and beat my head into the wall every time I refused to answer his questions loaded with his hallucinations with only a “yes” or “no” answer? The back of my head was his body part of choice because it would hide any bruises. I stopped calling the police, because every time I reported anything, he would make up battery allegations against me that were worse; the responding officer would have no way to know otherwise. Donald Tobkin, f/k/a Donald A. Tobkin, M.D., Esq., is an uncontrollable, unpredictable psychopath. One example, among too many to attach includes:
    First, neither Barry Seltzer nor Mark Speiser ever raped me or touched me against my consent in any way. They were my friends and were, and I assume still are, very decent people who respect and uphold the law. If you read the un-chopped transcript, you would see that I never testified to that - - anything in that transcript alleging rape in reference to them comes from Donald Tobkin’s screaming, loaded questions to me, which was NOT my testimony! Can you imagine me having my deposition taken by my ex-husband who, during our marriage, had taken me by the arms and beat my head into the wall every time I refused to answer his questions loaded with his hallucinations with only a “yes” or “no” answer? The back of my head was his body part of choice because it would hide any bruises. I stopped calling the police, because every time I reported anything, he would make up battery allegations against me that were worse; the responding officer would have no way to know otherwise. Donald Tobkin, f/k/a Donald A. Tobkin, M.D., Esq., is an uncontrollable, unpredictable psychopath. One example, among too many to attach includes: https://ww2.doh.state.fl.us/ImageAppNet/repository/np514j45uqbnvj2jvvobain1/np514j45uqbnvj2jvvobain1.PDF
  • 7/19/2007 9:37 AM Marilyn Byrd wrote:
    Second, I did not lie about Judge Ross, but have not disclosed the whole story, because I feared for my life. I never consented to Ross sexually abusing me. He pushed himself on me and strong armed me like he had some supreme right to take what he wanted. Every time he reminded me not to tell anyone because it would come back on me, making remarks implying that he had the power to have me taken out. I did not want to call to test him, because I did not deserve the death sentence for want he did to me! (I did not disclose this fear to the Herald or the SunSentinel because I was afraid of power of suggestion and Ross had/has a lot of power - - I don’t care any more.) When I finally got the courage to tell him off, after the last time he caused me to be late and/or miss assignments from my nursing agency and mess up my mind so much that I couldn’t study, he stopped coming to my apartment, but didn’t stop calling. After that, a man, who I had seen in Ross’ office, who I believe was a bondsman, followed me home while I was riding my bicycle home from the beach - - I had seen the man when I finished my run on the beach and then saw him again when he pushed my door open as I tried to get in my apartment, he slammed me down on my terrazzo floor, raped me hard, shoved me again and ran out. I thought that was a warning message to me. I was so scared, I didn’t know if I should call the police, go to Broward General, or what - - I called Judge Ross’ line to see what his response would be - - when I told him, while in a panic, he responded: “You better be careful, little girl.” He periodically called me to remind me to stay quiet. My apartment was burglarized two times - - no suspects were ever found. I did everything I could to finish law school early, I took and passed the Bar exam before my class graduated and went straight back to nursing - - I didn’t want anything to do with the legal system when it was being lead by Ross, and I probably never would have if I would not have been introduced to Donald by a nurse attorney I knew from law school. Unknown to me at the time, Donald was being treated by Burton Kahn, M.D., who was able to keep him in check, until I became pregnant with my first child with Donald. In about 1991 or 1992, when I had moved into a house with Donald in Rio Vista at 1201 SE 6th Street (strangely similar to the courthouse address), I transferred my telephone account to that address. Ross made his last big mistake when he called my phone number at Donald’s house while Donald was standing behind me while I was at the computer typing his dictation. Donald, as he always did, demanded that I tell him who was calling - - I told him it was Judge Ross. Donald grabbed the phone and shouted expletives into the phone at Ross. That was when Donald really flipped out on me and he never flipped back. From that point on, he would not let go about why Judge Ross had called me at our house, especially after we lost Dr. Kahn.
  • 7/19/2007 9:38 AM Marilyn Byrd wrote:
    Third, Dr. Poster is my friend and has always been, ever since I’ve known him, a very decent, law abiding citizen, and nothing inappropriate ever happened between us. I never stole any money from any doctor at Memorial Hospital - - an unidentified caller who called my department multiple times accused me of doing so - - when the doctor offered the caller a cash reward if he would come to the hospital to show her evidence, the caller stopped calling and never showed. I thought the caller was Donald Tobkin, but had no way to prove it. Donald caused me to lose several jobs, while not paying child support and watching our house slide into foreclosure, all while I was under the extreme stress of fighting him through our divorce. Then, it was payback time. Donald befriended David Lindsey, became David’s attorney, and, among other things, my current house I purchased with David is in foreclosure . All the other crap David/Donald has alleged about me is also maliciously false. I just got too tired of always trying to defend myself against Donald’s delusions, and now his counterpart, David. I’m so exhausted now that I’m having a hard time supporting my children and myself, and not only is Donald still refusing to support his children, he continues to do everything he can, manipulating the justice system, to me and our children.

    I really don’t want to continue this any further, especially in this forum. God only gave us one life to live and too much of my life and my children’s lives have been wasted already. I wish Donald/David would just Go Away!
  • 7/19/2007 12:00 PM David Lindsey wrote:
    TO MBL
    marilyn ur supposed to be a nurse and a lawyer, u know if someone beat ur head ito the wall that there would be swelling, u know bumps, very easy for an officer or a parasmedic who responded to find. come up with better lies. u addmited on a 911 tape and in front of judge vitale that u hit mr tobkin and it wasn't in self defense. now go take another amphetemine and this time please don't take it out on the children. if u need to i'll sit in my wheelchair and beat on me like u useed to.
  • 7/19/2007 12:10 PM David Lindsey wrote:
    to mbl
    u did testify that all 3 judges molested u, don't act like u were tricked or in fear of questions. u were an attorney and had an attorney that told u to keep ur mouth shut but u just had to keep talking. u accused dr poster of sexual harrasment and u call him ur friend. they have video tape to prove u lied about dr. poster. and he talks about the secret bank accounts he set up for to put all that money in that u needed to hide. like i said marilyn i'll see u at the pollygraph office. if u want me to go away put the children in a safe atmosphere and go get some help. hell i'll give u what ever i have if u would do that and u need to come clean about the rapes. if the law ever does it's job and u refuse to help the can take ur law lisence away.
  • 7/25/2007 3:17 PM David Lindsey wrote:
    to the guy who wrote and asked marilyn to tell about ross
    u notice she didn't say a word marilyn compulsively lies as u can see. but that does not mean u don't investigate rape charges and if she is a liar take her license away

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