October 27, 2012 UPDATE November 13, 2012
According to court documents, today was the day for BubbaJax to chat with attorneys regarding her involvement in the Laurita’s Signature Apparel bankruptcy.
Either BubbaJax weaseled her way outta the deposition… or she has a ghost tweeter!
BubbaJax has been tweeting all day! And looking forward to a “really great day”…
BubbaJax was not nervous at all about her upcoming deposition… she had “date night” last night!
NOTE: When BubbaJax’ deposition information becomes available… if it is deemed public information… it will be on SH.
HOWEVER… get the feeling that if Bubba was deposed today, she knew exactly what to say! Which would explain her “looking forward to today” tweet…
“Based on the advice of counsel, I assert my rights under the Fifth Amendment of the United States Constitution and respectfully decline to answer the question.”
The Fifth Amendment provides that no person “shall be compelled in any criminalcase to be a witness against himself” (emphasis added). Generally, it cannot be asserted to avoid answering questions in a purely civil matter.
A witness can invoke it in a civil proceeding if he “has reasonable cause to apprehend” possible criminal liability (Hoffman v. U.S., 1951). Thus, a witness can invoke the privilege in “any proceeding, civil or criminal, administrative, judicial, investigatory or adjudicatory” (Kastigar v. U.S., 1972). However, when a witness invokes the Fifth Amendment, he can use it only to avoid answering specific questions that will incriminate him or potentially link him to possible criminal liability.
Jax Laurita mentioned her taped phone recordings in her BravoBlog. Not surprising, as attorney’s in the Signature Apparel case have also mentioned “secret” tape recordings… and they’re having a contest to see who can piss off Judge Peck the most!
From the letters to Judge Peck, the attorneys representing the Lauritas told opposing counsel that they were taping their conversation… 30 minutes AFTER the conversation took place.
In letters to the Judge, counsel was offended and told the Judge that it was highly unethical of the opposing attorneys to tape the conversation. Laurita attorneys also submitted a letter to the Judge stating that they had a right to record the conversation and that it was not unethical.
The Laurita attorney also mentioned that they no longer have that recording.
On to depositions…
Chris and his brother, Joseph Laurita have started their depositions; however, the attorneys have run into difficulty in re-scheduling Chris and Joseph. The Lauritas are now scheduled to continue their depositions November 19 (Joseph) and December 4 (Chris).
Joseph Laurita’s wife, Adeline, is scheduled for November 16; Jax Laurita is scheduled to be deposed on November 13.
With all the delays and “underhanded” dealings going on with this case, don’t expect the actual trial to take place until Summer 2013…. and that date is an optimistic one, if there are no further delays or motions. However, from past history with this case, expect a trial date in 2015!
On to Jax’ delay or excuse from being deposed…
There have been theories about Jax floating around since the Signature Apparel bankruptcy was mentioned back in November 2011. Theories for reasons which Jax could make herself seem unable to answer questions in a deposition or to proceed with a trial.
One of the most popular theories is that Jax is setting herself up as a drunken crazy person who has to take care of a special needs child. Well, which one is it? Jax can’t have both! If she wants to prove herself as someone who cannot answer attorney’s questions because of mental and substance problems, then how in the world can she care for a little special needs child? Or write about her “journey” for Parenting Magazine?
IF Jax is forever tweeting and displaying nutty behaviors in the hopes that she’ll be excused from any court procedures, she should take a look at how Vincent (The Chin) Gigante did it!
Vicenzo Chin Gigante became a capo in the 60s, a consegliere in the 70s and a wiseguy in the 80s. When his boss Anthony Salerno died, he became the boss of the Genovese family.
His strategy to run the clan was astutely simple — he pretended to be stupid. The police refused to believe that that king-sized moron had the capacity to run a mafia family and spent the better part of their time looking for the real boss. Between 1969 and 1990, Chin Gigante was admitted to 22 mental hospitals, took gargantuan amounts of Valium, Thorazine and Dalmare, and was often seen walking around Mulberry street in his pajamas, his bathrobe and his slippers.
A Federal judge ruled yesterday that Vincent Gigante, a reputed Mafia boss known for walking Manhattan streets in a bathrobe and pajamas, was putting on a “crazy act” until at least 1991 to avoid arrest and prosecution.
But the judge put off a decision on whether Mr. Gigante, 67, was now mentally incompetent to stand trial on murder and racketeering charges. Prosecutors contend that far from being crazy, Mr. Gigante heads the Genovese crime family, which has become the nation’s most powerful Mafia organization.
The judge, Eugene H. Nickerson of Federal District Court in Brooklyn, asked four psychiatrists who in recent years had found Mr. Gigante not competent to stand trial — on the ground that he could not understand the proceedings or assist in his defense — to review their assessment.
But while the ruling yesterday was not a final decision — that will come after the psychiatrists’ reassessments — it suggested that Judge Nickerson was leaning toward finding Mr. Gigante fit to stand trial.
Also see NYTimesMarch21, 2002…
If “TheChin” couldn’t get away with the crazy act, how the hell does JaxLaurita think she’s going to do it?
JaxLaurita explaining her bankruptcy… Note to Jax: no one thinks you’re in a PERSONAL bankruptcy…