Friday, September 26, 2008

My name is Mr. Andrew R. Elliot and after diligently working for 19 long years at Pratt & Whitney Aircraft (P&WA) a division of United Technologies Corporation (UTC) in their experimental assembly development Department-955 creating their now current large commercial and military aircraft engines (hr cl#275398), I found myself the victim of a heinous program of harassment and discrimination in complete violation of the Americans with Disabilities Act (ADA), the Connecticut Fair Employment Practices Act (CFEPA), and both state and federal Family and Medical Leave Act (FMLA) law. Wherein the facts documented during CCHRO investigation #9840272 clearly indicate that my former sick supervisor Grout with his Masters Degree education in the potentially fatal results of my disability manic/depressive illness (MDI) was through a sadistic manipulation of my workplace environment, intentionally attempting to provoke this caring and devoted father into committing suicide over my child care issues. And this deviant bastard almost achieved the malicious intent of his very sick goal!

In fact, Grout did cause a least two of my fellow employees at P&WA in D-955 to commit suicide, namely Mr. Ron Cady and Mr. Louis Verbryke who I am sure also suffered from MDI. And I know for a fact there have been other longtime employees at UTC both hourly and salary that were finally driven to commit suicide also due to their unjust and hopeless workplace/financial situations. In effect, my lawsuit against P&WA was an attempted murder case and certainly not merely about losing my job and that is exactly what motivated UTC to conspire to suppress this vicious suicidal story.

The general public simply does not hear about these horrific events due to UTC’s complete manipulation and control of the media and our governments. I believe the public needs to know how utterly ruthless UTC actually is and that absolutely nothing is sacred or beyond the realm of possibility with this corporation. I have been told thatMost likely Belcan Corporation is just as ruthless as UTC whowhich they obviously utilize to limit their liability and protect UTC’s their wonderful image.

I am now trying to warn the unsuspecting employees at P&WA and all divisions of UTC, in particular their new and prospective recruits about how cruel they are since I found out 10 years down the road fighting them in federal court that they own every state and federal official here in “Corrupt-I-Cut” (and in Washington D.C.) including senior federal judge Ellen Bree Burns and our just departed local U. S. Attorney Mr. Kevin J. O'Connor. These heinous facts suggest it is serious mistake to be lulled into a false sense of security with the feeling of invincible of our youths to fall into the cruel trap of long-term employment at UTC relative to making the inevitable life and family commitments to then be raped of said very precious youth.

And since the U.S. Department of “Justice” and the entire state and federal government has completely ignored the irrefutable evidence I presented them of these multiple client conspiracies to obstruct justice committed by UTC right there in a federal court of law no less, there is only one conclusion to make which is you have no rights whatsoever when working at P&WA or in fact dealing with any subsidiary of UTC in any aspect of their many businesses.

In addition to my federal lawsuit civil action CV 3:99 1290 (E.B. Burns), I refer to the two other former UTC employees at their Sikorsky Aircraft division that our same attorney Barbara E. Gardner conspired with UTC to win them a favorable verdict in federal court. Specifically, Mr. Daniel Peck and Mr. Al Yurevich both of whom that are veterans, reference their respective case numbers CV 3:94 01360 and CV 3:97 01831. The Teamsters union apparently did little if anything to support these men. In addition, the most recent victim of this Gardner/UTC conspiracy that I am certainly not imagining would be Mrs. Donna Jute their former employee at their Hamilton Sundstrand division, reference case # CV 3:01 123. Please note, these are only the three other people I have found so far that attorney Gardner conspired with UTC in federal court. Be assured that there are many other attorneys here in Connecticut (or nationwide) which you could retain that UTC would simply utilize their primary strategy which is to buy them off like the other two involved in my case; specifically attorney Anthony Palermino and attorney Christine M. Ellis. And be assured that there have been many other victims of UTC discriminatory employment practices (sex, race, age and disability discrimination etc.) most of whom never filed lawsuits that were actually good decisions on their part.

And it was none other than Mr. O'Connor's own formidable law firm of Day, Berry and Howard (DB&H – now known as Day Pitney) that committed this blatant act of obstruction of justice in federal court August 2001 while representing UTC when he was in full partnership with DB&H between years 1997- 2002. And in 2002 Mr. O'Connor's very first act in his influential office as U. S. Attorney was to ignore my truthful allegations of this federal crime committed by DB&H/UTC that was the last straw for my family resulting our dissolution in divorce court.

In fact, my own attorney Gardner suppressed the most important evidence that supported my case in writing with what are known as “motions in limine”. In particular, Gardner suppressed the real facts about how I was almost provoked to commit suicide by Grout, which was exclusively because he had illegally denied my psychiatrist's request for an accommodation written under ADA law to merely transfer me back to P&WA’s miserable 3rd shift, specifically to deal with my childcare issues that he notified Grout were my primary stressor in relationship to my MDI. I had worked 3rd shift for the previous 12 long years, first and foremost to be the primary child care provider in our family. And even after I had almost committed suicide due to the resultant domestic violence I was experiencing at the hands of my ex-wife, instead of helping me that demented bastard did use his now very reliable knowledge of my psychological vulnerability against me relationship in my child care issues by continuously attempting to harass me over the suicidal edge.

Specifically, subsequent to my near suicide on 5/16/96 that he almost caused in the first place, Grout dragged me across the carpet with a completely false allegation that I had supposedly committed sexual harassment, which came just three days after I had disclosed to him the scar on my chest from when my wife had savagely bitten me on Easter Sunday 1996 and that she had almost bashed in my brains with a 4 ft. oak and steel floor scraper. This event happened just three weeks after Grout had forced my doctor to return me to work from the bout of clinical depression that Grout himself had driven me into with his illegal discriminatory practices. And the reader needs to understand the truth that it was this evil deviant harassing me to within an inch of my life on 6/6/96 and appreciate how cruel, creative, and effective his bogus accusation was relative to our obviously deteriorated marital/sexual relationship. I am sure Grout would have been completely humored to see that date on my gravestone as he strategically stripped me of my livelihood and sent me out the door in suicidal tears with my first suspension to maximize my stress while being overwhelmed with our exorbitant living expenses.

Please note that all of my ex-wife’s violent behavior and my resultant near suicide was the direct result of the enormous stress created by Grouts illegal denial of the accommodation simply to care for our children that this lawsuit/story was specifically based upon that attorney Gardner completely suppressed to the full benefit of UTC. I will never hold my ex-wife fully responsible for her behavior and I did pursue all of these lawsuits trying to also restore her financial security even after our divorce. And in case anyone is not sure I am still fighting UTC on her behalf

And Grout had made sure I was literally in a suicidal box, since he strategically commenced his heinous program of harassment and discrimination by completely violating the labor agreement when forcing me off the 3rd shift onto the 1st just one week after I proudly finished building and moving my family into “the American dream” in August 1994. This large and quite expensive house located at 53 Willow Dr. Hebron, CT that Grout would illegally turn into now a 14 year suicidal nightmare since he knew I was financially leveraged to the hilt and could never simply walk away from my job at P&WA. To be sure it was the unjustifiable shift transfer in 1994 after I laid it all on the line erroneously believing I had some “job security” at P&WA that drove me into the initial clinical depression since my wife just did not understand I could no longer perform all the functions I used to do during the day, in particular caring for our children. And Grout was well aware of the stress caused by my lack of child care and moreover that I had almost committed suicide because of it since all these events were fully documented in my P&WA medical file that he testified to have been closely monitoring to confirm that see the results of his heinous program of harassment was working as planned.

And the reason why this sick control freak subjected me to this brutal nightmare was due my high productivity relative to the manic phase of my MDI, and Grout's goal of advancing his career at P&WA by further capitalizing on my disability by hopefully recruiting me as one of his supervisors to impose his deviant will upon my friends. This is because I was one of the few people in 1978 that had pursued his goal of higher education for the employees in D-955. I simply refused to do that sick bastards bidding. Then Grout resented me even more because I had some small successful ventures outside of P&WA which I only pursued since he denied me any and all opportunity at work for at least 12 years, moreover he prevented me from posting out of D-555. The one achievement in particular was the land I subdivided on which we built our house. This was my “offense” in Grout’s demented mind that he decided he was going to make me pay the ultimate price with my life.

In fact, Grout undoubtedly did suffer from the “Napoleonic Syndrome” since he momentarily even testified in federal court to literally stand on a chair while struggling to dominate his subordinates in D-955. And the sheer scope of Grout’s malicious intentions for me, relative to his deviant personality that my federal trial was supposed to focused upon is exactly what attorney Gardner carefully steered the jury far away from hearing.

Moreover, the evidence clearly indicates that UTC and their agent Mr. O'Connor and DB&H have repeatedly attempted to provoke me to violence, in effect over my child care issues. The first event was when UTC retaliated against me on 5/22/97 after I complained on 5/19/97 about the denial of my last request for an unpaid FMLA by illegally walking me out the door and intentionally attempting to create for themselves a “threat to safety defense” by producing Grout right next to me on the curb hoping that I would assault him in front of the East Hartford police. And this was no coincidence since the second in command in D-955 Mr. Fred Valenti was also produced on the curb since I failed to react to Grout’s appearance during this staged event. This little-known facet of the ADA which is the #1 defense an employer can use against an unwitting disabled American citizen to disqualify them from their civil rights that I now believe corporate America is happily exploiting and sometimes creating horrific workplace tragedies. And not surprisingly our government that most likely added this defense to the full benefit of corporate America is suppressing exactly why some depressed people are being provoked to “go postal”.

Although, UTC did successfully render me unemployable by labeling me as supposedly “capable of workplace violence” to use in conjunction with their failed strategy of 5/22/97 that left me to experience continuous, subsequent, understandable employment discrimination. The highlight event was when I was terminated from my subsequent (and last) employer Windsor AirMotive which is a quite cozy P&WA subcontractor the very next day after the “Lottery shootings” that happened on 3/6/98 which was my 40th birthday when being told that I “didn’t fit in”. I believe anyone would agree given this entire illegal legacy provided to my by UTC, especially since the shooter also suffered from MDI and coincidently was treated by the same psychiatrist as me. And in fact my own attorney Gardner basically focused upon this directly related traumatic event during my federal trial instead of the subject P&WA lawsuit.

In fact, had Grout come right out and said what his malicious intentions for me entailed. I refer to the message my union steward Bob Manley delivered after Grout’s illegal denial of the FMLA. Manley told me and I quote; “Andy, if you really love your family and when you’ve had enough, you get yourself well insured and you take your car at a high rate of speed into a bridge abutment!” I believe this statement was an intentional suicide suggestion and I am absolutely sure of the source of this quite creative comment - Mr. Dennis L. Grout. And Grouts repulsive inspiration was most likely the grisly fate of my friend Louis Verbryke who committed a highway suicide killing an innocent mother and her child. Of course this suicide suggestion wasn’t heard during my federal trial since Gardner did not subpoena a single one of my “representatives” from the International Association Machinists (IAM) to indicate the truth that after 19 years of dedicated membership they completely abandoned me. In particular, union president Mike Stone who was very close to Grout since he came out of D-955 that told me “Andy your bullshit and your history at P&WA” immediately after the bogus sexual harassment accusation while he tried to get me to sign a waiver releasing his client UTC from any and all liability concerning these matters. UTC owns Mike Stone.

Needless to say the entire IAM union is undoubtedly right in UTC’s back pocket, especially since they did nothing whatsoever about Grout completely violating the labor contract in this viscous fashion which had provisions about them supposedly preventing UTC from violating an employee’s rights under the ADA, CFEPA, and the FMLA. Moreover, the National Labor Relations Board (NLRB) that did nothing at all about my valid complaint against the IAM that not surprisingly failed to arbitrate on my behalf after I had been illegally walked out the door at P&WA on 5/22/97. Perhaps it’s time this “association” that in fact is not even a real union should finally be replaced so as to truly protect the interests of the employees at P&WA/UTC.

In fact, my own attorney Gardner completely suppressed this “smoking gun” evidence that in the end I was denied the FMLA and UTC’s ensuing outrageous attempt to provoke me to violence. In particular, the all telling three day delay when P&WA had this person who had supposedly threatened a company doctor and was capable of workplace violence that they simply left walking around the shop floor while they obviously planned their retaliation of 5/22/97. In reality, this supposed “threat” was referring to my complaint about the illegal denial of my FMLA request that I made specifically to P&WA’s doctor when telling her I was going back to my first attorney Palermino to commence legal action, which UTC simply misconstrued to fit their needs trying to justify my termination. I had retained Mr. Palermino in 1996 after Grout’s bogus sexual harassment accusation, who in the end indicatively completely abandoned me when I needed him the most after my final termination in 1997.

In fact, UTC and Mr. O'Connor attempted to provoke me to violence since they had me unjustifiably arrested and then harassed by the State Police on 8/25/03 after I quietly left the office of the Statewide Grievance committee (SWG) while trying to pursue my “rights” claiming that I supposedly breached the peace. I did no such thing. In fact, the State Police destroyed the evidence proving my innocence after I requested it under the Freedom Of Information Act, prior to my court date, therefore assuring my conviction. This visit to the SWG was concerning my valid grievance #04-0041 against attorney Gardner wherein I was “somehow” unsuccessful; one primary reason was that Judge Burns refused my polite written request to be my witness. And when I carefully followed up exactly why this was, I was literally threatened by Deputy U.S. Marshall Dorsey when telling me “Mr. Elliot you don’t want to be accused of harassing a federal judge!” Deputy Dorsey, who of course worked for Mr. O’Connor. In fact, their most recent attempt to provoke violent behavior out of me was on 2/14/08 when Assistant Deputy U.S. Marshall’s Pat Burns and Larry Bobnick showed up unannounced at my door with the standard surprise play, trying to catch me off guard doing or just saying something they could use against me to label me as “a risk to self or others”. They also worked for Mr. O’Conner who obviously sent them to hopefully create an excuse to lock me up or at the very least intimidate and deter me from this campaign of truth to the full benefit of his client UTC.

In addition, the state Department of Children and Families (DCF) “somehow” sided with my violent ex-wife after she had assaulted my son again, when in fact it was me that had called the DCF for their help with our situation, because in addition our daughter was also having her own resultant suicidal ideations. The first horrific assault against our ten year old little boy was when my wife almost blinded him in his right eye by whipping him with the plug end of a light cord after she entered his bedroom by splintering the door and its jamb. This disturbing event is why on 5/9/97 I had begged Grout for the completely unpaid FMLA leave of absence, specifically citing the need to care for my traumatized children which he illegally turned down cold when telling me that “UTC could care less about your children”.

The DCF contracted in writing with my ex-wife specifically instructing her to file a restraining order against me and to commence divorce proceedings, ultimately forcing me out “the American dream” to then live in a basement in the violence of the inner city of Hartford to be threatened on a regular basis. (Although, be assured it is only UTC that would be interested in doing me harm especially now concerning my campaign of truth on the internet.) And the DCF fully supported my ex-wife throughout our divorce with her lawyers bogus argument that I “squandered the family assets” on our valid UTC lawsuit, insuring that I was raped of everything, including recommending that the court strip me of all custody of my precious children. This despite the fact she was simultaneously socializing with a registered sex offender in our children's home and moreover when she even testified during our divorce trial to committing all of said resultant violence. In fact, the DCF in conjunction with my children's own court appointed guardian ad litem attorney “acting on their behalf” would not allow them to see or talk to me for the first five months after they had witnessed the disturbing event of having their loving father literally wheeled out of their home by the DCF. These events indicatively commenced just one week after my letter to Mr. O’Connor/et al in 2002 and UTC did achieve one of Grout's goals which was to finally drive our children out of that house in tears in 2004 that we had been financial prisoners thereof since 1998.

And due to my divorce in relationship to my legal issues against P&WA, I was quite strategically stripped of my financial wherewithal to legally fight UTC and their co-conspirators our own state and federal government any longer. Moreover, they successfully deterred me from suing attorney Gardner for her “legal malpractice”.

The only explanation I have for our extremely stressful, heartbreaking, and interesting divorce was that the all powerful UTC and their influential agent Mr. O'Connor entirely orchestrated it through the 4 lawyers subject to manipulation involved, and moreover the many agencies of the confirmed corrupt John Rowland (and Rell) administration, who in fact was UTC’s own lobbyist just prior to becoming the Governor. I also firmly believe our divorce was designed to finally drive me over the suicidal edge and commit the ultimate act of violence against myself, in which UTC was almost successful again.

And it was none other than Rowland that recommended O'Connor to our criminal in chief George W. Bush for his U. S. attorney appointment who now “works at Bush’s’ pleasure”. Now O’Connor has just been appointed to the third-highest position in the USDOJ ironically to specialize in civil rights violations, despite my valid complaint at the USDOJ Office of Professional Responsibility (OPR) about him acting in collusion with UTC to violate all my civil and constitutional rights. Moreover, my complaint at Bush’s Presidents Counsel on “Integrity” and Efficiency (PCIE) concerning the unethical activities of all these federal officials that fully supported UTC. And most likely our new acting U.S. Attorney Ms. Nora R. Dannehy also works for UTC since she was employed at DB&H just prior to becoming an assistant U. S. Attorney. In fact, she was the local liaison for the OPR that did nothing about O’Connor’s unethical activities.

Therefore, I eventually filed a pro-se federal lawsuit in late 2006, civil action CV 3:06 1607 (J.C. Hall) against are entirely corrupt federal government (in particular Mr. O'Connor and the many other federal agents involved) that did facilitate, finance, and participate in this conspiracy with P&WA to destroy my family. Specifically, to challenge the federal government's “full immunity” and their “sovereign nation status” (Webster’s def. being a kingdom) that supposedly shields them from valid lawsuits concerning crimes such as these committed against American citizens. Moreover, to challenge the “discretionary authority exceptions rule” #2680(a) under US Code 28, in which this bogus law states that a corrupt federal agent conspiring against you with a defense contractor enjoys their discretionary authority “whether or not the discretion involved be (clearly) abused”. And it was none other than Mr. O'Connor and his subordinates that successfully defended the government during CV 3:06 1607 (JCH) prevailing with their motion to dismiss in July 2007, in effect suppressing his own unethical conduct. I believe this entire situation is the definition of unconstitutional to have these corrupt governmental officials conspire against you with a federally subsidized defense contractor to deny your rights, while you pay their salaries with your own hard earned tax dollars. (Be aware that the state of Connecticut is also considered a “sovereign nation” that you cannot sue either regardless of their unethical conduct.)

In other words, according to USC 28 #2680(a) the blatant corruption that destroyed the Elliot family formerly of Hebron, CT. is supposedly legal in this country. And as a resultant indigent pro-se plaintiff who could no longer afford an attorney (much less anything else) I could never compose a valid “arguable basis in law” which is an absolute necessity to support either my meritorious case against UTC or the defendant USA, therefore I was unsuccessful in both cases. In particular, since neither senior federal Judge Burns nor Judge Hall would appoint me an attorney to pursue either of these lawsuits and of most significance they did nothing about these acts of obstruction of justice committed right there in federal court. And I found few if any attorneys here in Connecticut without conflicts of interests to challenge all of these formidable entities, especially on a contingency basis.

Therefore, I am now left in the court of public opinion to hopefully warn all of UTC’s investors, customers, partners, suppliers, and especially their employees about how immoral, unethical and absolutely ruthless they are and in fact you have no recourse against them in a court of law. The “rule of law” simply does not exist in America today, in particular when dealing with P&WA or any subsidiary of UTC.

If you care to review my genuine federal court documents that proves what I say, you can either go to the federal court PACER system or the very bottom of my blogs, in particular my Windows Lives Space blog page http://andrew-r-elliot.spaces.live.com/ where you will find an icon identified as “public folders”. (Please note that you can Google Blog Search UTC or anyone of their subsidiaries by name and find all these numerous blogs.) Within this folder you will find, and I suggest you open two separate windows/pages to read, one document in particular identified as my “motion to reopen and set aside the judgment” dated 2/9/2006 and another document identified as its “factual appendix to the motion to reopen” which contains the 271 pages of irrefutable supporting evidence in chronological order. (Please note that Judge Burns indicatively refused my simply request to post the 271 pages of supporting evidence at my own expense on the federal website obviously because this could be quite embarrassing for her.) These documents partially describe this heinous suicidal story at P&WA and criminal act of obstruction of justice of committed between UTC and Gardner not only in the district of Connecticut federal court system, but in addition at the 2nd circuit court of appeals reference docket # CV-01-9462.

I respectfully believe my peers at P&WA or any division of UTC would be wise to review these facts that were clearly suppressed from the jury during my federal trial and take this unique opportunity I am presenting you to make your own informed decision about exactly what kind of “rights” you have working at UTC; or in reality complete lack thereof. I am confident you will agree with my conclusion about this convoluted conspiracy that anybody could be subjected to by UTC including the participation of Judge Burns.

In particular, I refer to another brief document identified as “Judge Burns ruling” in which she “somehow” ruled in UTC’s favor when citing the least relevant and most obscure evidence of the overwhelming facts that I presented her in my pro-se motion to reopen under federal rule 60B. To be precise I cited 100 pages of the trial transcripts recording Gardner blatantly lying to Judge Burns while misrepresenting my entire case. Moreover, indicative now to this federal judges obvious involvement in this conspiracy to deny me my rights, Judge Burns who also enjoys “full immunity” and a life time appointment accountable to no one, ruled in UTC’s favor despite the fact that they filed absolutely nothing in opposition to my motion reopen – zero, zip, not a word. It took me a total of 5 years to analyze the trial transcripts as I dealt with the resultant meltdown of my family and life to factually describe the act of obstruction of justice and the “honorable” Judge Burns simply ignored this crime committed in and against her court. I believe after reading just the first 20 doubled spaced pages anyone would agree that I should have easily prevailed with at least my motion to reopen, if nothing else because UTC simply defaulted when not challenging it whatsoever. And UTC did not, because they could not dispute any of the facts I presented because it was the whole truth of these sordid events that transpired at P&WA and what UTC is capable of doing to anybody, anywhere.

I did file an appeal at the second circuit as a pro-se litigant, reference docket #CV 06-1764 concerning Judge Burns’ “errant” ruling that she made clearly in UTC’s favor. The second circuit also ruled against me, again citing the stark reality that any layperson cannot present “an arguable basis in law” to support their case despite its factual merit. The second circuit would not appoint an attorney either and they also disregarded all of the same irrefutable evidence I presented them in my motion to reopen dated 2/9/06. Just one applicable document of many being the defrauded jury at the end of my federal trial asking Judge Burns in writing; “Is any element of this courts decision subject to an appeal?” The jury’s own entirely manipulated verdict and decision of course.

Since I felt compelled to pursue these lawsuits because of what a truly vicious story this is believing there was some shred of integrity in our justice system, I am now basically worth more dead than alive. This would be considering, but not limited to the hundreds of thousands of dollars for back taxes (and other crushing debt) that I “owe” for all my property which I lost because of this situation to these same corrupt governments that sold out the Elliot family. Justice delayed is justice successfully denied per statute of limitations law that has now expired. Although the IRS apparently never forgets that a loving parent should back date finance a conspiracy to destroy themselves by this defense contractor, including now exorbitant interest, fees, and penalties. Unfortunately, I did pursue these lawsuits for not only my family’s sake, but in addition for those inevitable unsuspecting citizens/UTC employees to follow that now can only be negatively affected by case law. UTC in particular must be completely emboldened knowing what they have brazenly done to the Elliot family formerly of Hebron CT.

Moreover, I will have to forever finance the federally subsidized record profits that UTC and its investors (some of whom are those same employees I fought to defend their rights) continuously celebrate from the fruits of my youth when diligently working 6-7 days a week developing P&WA’s large commercial and military jet engines that I see flying 24/7, 365 days a year for “truth, justice, and the American way”. All of these wonderful things that the Elliot family was raped of by UTC. I also have to watch those deadwood employees in D-955 that I carried on my back for all those years now enjoying a comfortable retirement while I’ve got nothing. In fact, because Grout had made sure I was always assigned the most critical experimental projects that needed around the clock progress on the 3rd shift and that is why I became one of the most productive and Thereforeno matter what their status competent technicians in D-955. The conclusion being that no employee at UTC should ever think they are in any way, shape, or form indispensable to UTC.

The ultimate insults would be that I have now watched as that bastard Grout and UTC have literally gotten away with an act of attempted murder and a conspiracy to obstruct justice in conjunction with this 14 year suicidal nightmare and all the very stressful negative ramifications thereof (bankruptcy, foreclosures, divorce, etc) that this document narrowly describes. Moreover, that UTC was “somehow” given the Opportunity 2000 Award by the U.S. Dept of Labor identifying them as supposedly a “civil rights highroader” at the exact same time the CCHRO uncovered these heinous facts of my case in November 1998 despite their memorandum of understanding with each other. These sordid facts clearly indicate otherwise. This prestigious award that UTC still proudly displays defrauding potential employees and the public about their real activities.

In addition, both the U.S. and state DOL completely ignored the facts confirmed during the CCHRO investigation and “somehow” determined Grout had not violated the FMLA. I think not. Moreover, it was the USDOL Office of Federal Contract Compliance Programs (OFCCP) that fully facilitated this conspiracy by completely ignoring their mandate when not providing me the all important leverage of “leveling the playing field” on my behalf by withholding UTC’s enormous federal contract payments. In other words, these multiple client conspiracies to obstruct justice are exactly what the OFCCP is supposed to prevent and this was one primary reason why I sued the federal government. And the OFCCP’s failure to act did leave me to walk entirely alone against UTC since Grout had creatively divided my primary ally my wife and I with his unverified at the time to be false sexual harassment accusation in relationship to the biting incident and all the rest of the unstated cruel events that occurred between the years 1994-1997.

And the reason why did Grout not immediately force me out the door after I achieved my college degree in 1985, but had to restrain himself to commence his heinous program of harassment until 1994 was because the employees in D-955 had been forced to commit illegal timecard fraud up until 1984 charging most of our labor performed on the experimental commercial aircraft engine programs to the military aircraft engine accounts in D-955. This blatant illegal practice of defrauding the American taxpayers to finance the development of P&WA's many extremely lucrative families of large commercial engines started long before my fellow 100 young aircraft mechanics arrived at D-955 in 1978.

I maintained UTC’s secret and did not investigate this criminal timecard fraud until after I had been illegally harassed out the door in 1997 to find out the statute of limitations under “Qui Tam” or “whistleblower” law has a maximum nine year window of opportunity to file a complaint past the last documented event, which in this case at P&WA would have been approximately the year 1993. Therefore the employees in D-955 were forced to illegally create the enormous core profits at P&WA that were parlayed upon by Mr. Harry Gray to purchase their various current quite profitable subsidiaries to create this huge multi-national conglomerate known today as UTC. Consequently, I helped to develop this ruthless corporation that eventually screwed my family and children over that were not even twinkles in my eye in 1978.

I have now paid with the best 30 years of my life specifically because I was a conscientious employee and a devoted parent that needed the simplest of accommodations to merely care for his children which was used against me in this quite cruel fashion. The one clear conclusion to make is that UTC will fully defend their inevitable rogue middle managers/supervisors no matter how heinous their illegal conduct instead of simply admitting guilt. And I assume UTC and their investors are quite pleased that their high priced federally subsidized attorneys successfully sacrificed their expendable trash named the Elliot family to protect UTC’s wonderful image and huge profits. It's hard to describe the hollow feeling when you cannot even visit or talk to your children and family any longer because you feel ashamed and embarrassed that you failed them entirely because you could not bring all these evil people to justice. My innocent children that were raped of a truly happy childhood and their father who had both his parenthood and the truth that Grout had almost provoke me to commit suicide successfully held against me in a federal court of law. There is no turning around now and losing was never an option for me. I have been raped of “life, liberty, and all happiness” and UTC has achieved Grout’s stated goal of providing me a hopeless and depressing situation wherein I have no motivation whatsoever to start over at age 50 at less than zero to be eternally haunted by these events.

I now plan on exercising my “rights” to free speech to make sure this timeless story of love, devotion, violence, despair, and of most importance the very real conspiracy to suppress it is finally heard at least by UTC’s employees away from UTC’s preferred venue which is behind the closed doors of a corrupt and inconsequential courtroom. Because UTC’s precise goal was to prevent exactly that from happening.

If you’re employed at UTC and ignore these factual court documents and only listen to their contrived propaganda you can also learn the hard way like many of us have after being raped of the creativity and energy of your youth and the best years of your life working at the heartless military/industrial machine at P&WA or any division of UTC generating their enormous profits that are callously used to snuff out your own family. The reality is this politically well connected $59 billion defense contractor/merchant of death can and has made a living hell out of many employees lives and if you sense any distrust or anxiety in the workplace at UTC it is well founded in fact and I respectfully suggest you are sadly mistaken if you think this ruthless corporation has any allegiance whatsoever to you and at the most inopportune moment your family could not be next.

At anytime you to can also “play the game” even if you don’t want to and be assured that without a paycheck you are playing alone against the big boys that play hardball for keeps. I am truly entertained watching some of the tough guys laughing at me temporarily driving through UTC’s gates that are yet to be humbled at the sharp end of UTC’s cruel corporate stick.

Wednesday, July 05, 2006

This is the heinous story of harassment and discrimination which I was subjected to at P&WA/UTC wherein facts revealed during CHRO investigation #9840272 clearly suggest that my former supervisor Grout was attempting to provoke me into committing suicide over my child care issues no less. And you and your family could be next since the state and federal governments condone, finance, and even award such behavior.



Mr. Andrew R. Elliot, plaintiff pro-se litigant
PO Box 477
Manchester, Ct. 06045
(860) 478-0683
silvertiger3@comcast.net

Reference; Civil Action 3:99 1290 EBB Andrew R. Elliot vs. Pratt &Whitney Aircraft (P&WA) a division of United Technologies Corporation (UTC)
Reference; Connecticut Commission on Human Rights and Opportunities (CHRO) case # 9840272


The numerous documented facts revealed during CHRO investigation #9840272 resulting in a reasonable cause determination on my behalf, that were intentionally suppressed in writing with a motion in limine by my former attorneys Barbara E. Gardner and Christine M. Ellis during the subject federal trial August 2001, clearly indicate that my former sick supervisor Mr. Dennis L. Grout (hereinafter “Grout”) “the decision maker” that orchestrated this documented heinous three year long story of blatant harassment and discrimination Praatt&Whitney Aircraft (P&WA) did completely violate the Americans with Disabilities Act (ADA), the Connecticut Fair Employment Practices Act (CFEPA), and the Family and Medical Leave Act (FMLA).

And a significant fact of this heinous story that Grout testified about in federal court was that he did have extensive knowledge of psychology since he held at least one masters degree in human relations, coupled with the fact that for years he was known to literally stand on a chair and scream down upon his subordinates. Anyone of 200-300 employees at P&WA could attest to the fact that Grout clearly did suffer from what’s known as the “Napoleonic syndrome”. And the real implications of Grout’s truly demented personality and illegal behavior, therefore the extent of his sickness and sheer scope of his malicious intent is exactly what my former attorneys Gardner and Ellis while conspiring with the law firm of Day, Berry, and Howard (DB&H) made absolutely sure Judge EBB and the jury did not realize whatsoever.

Specifically, the documented facts at the CHRO clearly suggest that through a sadistic manipulation of my environment, in direct relationship to Grout’s complete and thorough understanding of my federally recognized disability - manic/depressive illness (hereinafter “MDI”) and its potentially fatal results, that he may have been intentionally attempting to provoke me into committing suicide over my child care issues no less. And it is fully documented that at the very least on 5/16/96 Grout did come very close to achieving the unmatched malicious intent of his very sick goal.

Consequently, this was definitely not a frivolous lawsuit or a simple case of employment disability discrimination either. In effect, as far as I am concerned this was an attempted murder case and that is exactly why the utterly ruthless corporation UTC has gone to such extreme measures attempting to suppress Grout’s truly deviant illegal behavior. Absolutely nothing is sacred with UTC and their representatives, including attempting to provoke a depressed and disabled, caring and devoted father to commit suicide over his child care issues, and then subsequently making a complete mockery out of a federal court of law while thoroughly defrauding a federal judge to suppress the following heinous facts of the matter.

And now since senior federal Judge Ellen Bree Burns has totally failed to act upon my motion dated 2/9/06 to reopen and set aside the judgment concerning this blatant act of obstruction of justice committed right there in her federal court of law, apparently UTC owns Judge Burns also. This would be in addition to the fact I already determined that UTC owns our local U. S. Attorney Mr. Kevin J. O’Connor.


Mr. Grout was my boss for 19 years as the superintendent in charge of P&WA Department D-955 Experimental Assembly-Development Operations Group located in their East Hartford, CT. Plant. D-955 is literally the birthplace of P&WA’s many very profitable product lines of large commercial and military gas turbine/jet aircraft engines. Those enormous federally subsidized profits that I was instrumental in creating which would then be illegally utilized to snuff out my own family. It is fully documented by what are known as FAA type certificates issued to P&WA by the federal government that I was without a doubt one of the most competent lead experimental airframe and powerplant (A+P) mechanics in D-955. This was largely due to the fact that I spent so many years on P&WA’s the 3rd shift, working seven days a week, exclusively working on the priority projects in D-955 that required around the clock progress. And I was being assigned to those critical prototype experimental aircraft engines by none other than Grout himself. Grout clearly knew that not only was I one of the most competent technicians in D-955, but moreover I was highly productive which I now do exclusively attribute to the manic phase of my manic depressive illness (MDI).

In Sept. 1994, per the labor agreement and contract, I had notified Grout in writing that I had just finished building and had moved my small family into a new, large and quite expensive house - $2,500.00 + expenses. The Elliot family had achieved financial security and was absolutely on top of the world as we moved into the proverbial “American dream”. A dream that Grout would intentionally and illegally turn into now a nine year suicidal nightmare.

Immediately upon this written notification, Grout moved me off the 3rd shift (midnight-7 AM) cutting me down off at the knees, while completely violating the union contract and labor agreement. Simply because Grout intentionally allowed a man with much less seniority than me to stay on 3rd shift, thereby forcing me to watch him enjoy my position, but also of significant importance this person only had two years experience in the extremely technologically complex environment of D-955 experimental assembly. This man simply could not function alone. I should have never been forced off the 3rd shift to begin with, and my union of 19 years, the International Association of Machinists (hereinafter “IAM”) did absolutely nothing to genuinely represent me and prevent this shift transfer, or any of the other ensuing illegal events.

The IAM union allowed all of these heinous events to transpire, despite the fact that Grout had completely violated not only basic morality, but in fact Article Four of the labor contract. This labor agreement clause, in which two of the laws at issue were cited specifically the ADA and CFEPA that the union supposedly recognized as their sole responsibility to enforce. I am sure that the proper enforcement of Article Four of the labor contract would have easily superseded any personal disputes that may have arisen over shift assignments, relative to accommodation requests written under ADA law. Moreover in the end, Grout also completely violated both state and federal FMLA law, despite the fact that the labor agreement supposedly recognized this legislation per Letter 17 of the contract. The IAM union leadership was without a doubt right in Grout’s/P&WA’s back pocket and did nothing at all to enforce either one of these contract provisions.

I had worked 3rd shift prior to the unjustifiable shift change on and off for the previous ten years, the last eight of which were primarily to take care of our children’s daycare needs. I was undoubtedly the principal care provider for our children in the household. I had worked on P&WA’s 3rd shift which was absolutely no picnic, specifically to stay away from Grout’s extremely undesirable 2nd shift where at least two of my fellow employees had already committed suicide.

Specifically, in 1980 when Mr. Louis Verbryke got himself blitzed on Budweiser and pot and committed a highway suicide killing not only himself, but unfortunately an innocent young mother and her child. And in 1984 Mr. Ron Cady, who was a little more considerate when he sat down at his families dinner table one day, most likely in some undetected suicidal tears, and proceeded to blow his brains out with his own handgun. I never saw a clinical analysis of these two gentlemen, but I am quite sure they, among many others in D-955 suffered from MDI. Although, I am sure that they were begging Grout for a transfer off of his very depressing 2nd shift. Therefore, I am absolutely certain that one of Grout’s true malicious goals with the shift change, was to hopefully force me to voluntarily request a permanent 2nd shift assignment relative to my child care issues, and a consequently provide me with a permanent suicidal state of mind.

And I am of the firm opinion that the 2nd shift (3:30 PM - midnight) was the most undesirable shift to work, because this was the prevailing opinion of the most of the employees at P&WA – including Grout. Grout, who had in fact spent many miserable years on 2nd shift himself. If the reader has ever had the displeasure of working 2nd shift, you are painfully aware of the simple fact that you hardly ever get to see your family and children, and are isolated from society in general.

I was assigned by Grout to foreman Ron Williams’s area on the 1st shift. Everyone in D-955 knew that if Grout wanted someone “ridden” (aka harassed) that is exactly who he or she was assigned to work under. The very first thing I did upon my arrival to the 1st shift was to foolishly make the mistake of disclosing to the P&WA medical department on 11/21/94 that I suffered from MDI. Please note that this was recorded into the very important document that I did and will did reference many times; my P&WA internal medical file. This document is literally a chronological account of Grout’s vicious program of H&D, recorded in these handwritten entries from the various P&WA medical personnel involved, who were assigned to their East Hartford facility that were all fully aware of these illegal events which Grout subjected me to.

Immediately upon this notification of my MDI to P&WA medical, Grout assigned me to clean out PCB contaminated garbage cans. If this had been truthfully explored during my federal trial, besides signifying the obvious discrimination, it would have also made the important indication that Grout was immediately informed and closely monitoring all the significant events happening in the P&WA medical department, and the associated notes being recorded in my P&WA medical file. This disgusting and highly discriminatory PCB can job assignment would continue for five long months. In fact, I had retrieved a document from one of the cans issued by UTC’s legal department concerning the PCB’s, specifically stating that because of the contaminants UTC could not even give away the vintage aircraft engines inside the cans.

Exclusively due to my resultant stress of the real challenges regarding our child care issues, coupled with the highly discriminatory PCB can job, in conjunction with watching the completely unqualified employee enjoying my 3rd shift position, Grout achieved his initial goal and finally drove me into a clinical depression on 12/15/95. Reference the related entries concerning the beginning of this period of clinical depression, made in my P&WA medical file by two of the key players that worked in P&WA’s East Hartford medical department- one being P&WA Chief Medical Director Dr. Jay Poliner on 12/15/95 and the other Dr. Kathleen Mauer on 12/18/95.

Then in early 1996, while I was out of work clinically depressed, Grout completely and illegally ignored the all important request for a reasonable accommodation, specifically to transfer me back to P&WA’s 3rd shift, made by my psychiatrist Dr. John Kelleher that he wrote on 1/25/96, in which you will note the key fact that this accommodation request was primarily due to my complete lack of child care.

Consequently, the entire heinous suicidal story did legally revolve around my child care issues and daycare, or complete lack thereof. And when these illegal events commenced in 1994, our little boy also named Andy was eight years old and our daughter Amber was only four. My now ex-wife Helena just did not understand that after ten long years I was no longer on the 3rd shift, and simply was not available to care for the children any longer during the day. Moreover, she would then leave it exclusively up to me to hopefully secure daycare in the extremely competitive environment of rural Hebron, CT. as she was dealing with her two hour commute to and from her job in New Haven, CT. And we had absolutely no family available to help with childcare.

More often than not, daycare was simply not available, in particular during the summertime months. And I am absolutely sure that Mr. Dennis L. Grout as a parent himself from rural eastern CT. was also keenly aware of this basic key fact of the heinous suicidal story.

Reference the entry dated 3/18/96 in my P&WA medical file concerning an “offer” of permanent 2nd shift assignment made while I was out of work depressed. After Dr. Kelleher and I had discussed this “offer”, Dr. Kelleher had in fact declined it and communicated this to P&WA. Because Dr. Kelleher fully agreed with me and he clearly knew the negative impact 2nd shift would have upon my already deteriorated mental health. In fact, the author of this entry noted that P&WA was “advising” Dr. Kelleher to return me to work. This was when Dr. Kelleher was verbally told by P&WA medical to “return Mr. Elliot to work, or else”. The “or else” was never elaborated upon, but Dr. Kelleher and I clearly interpreted this to mean my termination from P&WA. And we were sure of the source of this direct threat - Grout.


Again, Grout was acutely aware of the potentially fatal results of a long-term 2nd shift assignment, since he had spent many miserable years there himself and moreover the horrific education he had been provided by Mr. Cady and Verbryke. Therefore, this 2nd shift “option” was absolutely not Grout or anyone at P&WA for that matter attempting to comply with the ADA whatsoever and enter into the “interactive process”.


The direct result of Grout’s illegal denial of this very simple accommodation request was the ensuing enormous marital stress that resulted in our home life deteriorating into shocking domestic violence. Specifically commencing with my wife assaulting me in front of our children and her mother by savagely biting me on the chest on Easter Sunday 1996!

Therefore, the whole vicious story revolved around the true facts related to why this absolutely pivotal event happened, the biting incident, which in fact initiated all of the horrific domestic violence that the jury did hear about numerous times in full graphic detail. And moreover, the ensuing chain of outrageous illegal events at P&WA which would follow. Specifically, the only reason that my wife bit me in the first place, was exclusively due to Grout’s complete illegal failure to grant me the simply accommodation to transfer me back to P&WA’s miserable 3rd shift, or at the very least enter into the interactive process as required under ADA law that again was all primarily related to my child care issues.

And what made this illegal story clearly so heinous, that my own lawyers Gardner and Ellis without a doubt intentionally steered Judge Burns and the jury away from during the federal trial, that I empathetically emphasize was the key fact that in his professional medical opinion as a psychiatric expert, Dr. Kelleher had explicitly informed Grout in writing no less when making his accommodation request, that as a caring and devoted father my primary stressor in direct relationship to my MDI was and always will be my child care issues. In which, Dr. Kelleher was requesting this simple relief on my behalf. And not only did this sick little man Grout completely refuse to accommodate me and obey ADA law, he would eventually use his now very reliable knowledge of my literal Achilles heel against me, attempting and sometimes quite successfully leveraging behavior out of me including the ultimate act.

On my next visit to Dr. Kelleher that transpired on or about 4/1/96, I did physically show him the freshly inflicted bite mark scar and asked him exactly what he thought I should do if my wife were to get violent again. This is when Dr. Kelleher did in fact advise me to “call 911” if she were to assault me again. But the stark reality of my situation, that Grout was also keenly aware of which was documented in my own handwriting that would certainly prevent me from doing such a desperate thing was directly related to carrying the enormous debt load and therefore keeping our children in their home.

Shortly thereafter, Dr. Kelleher did call P&WA medical, specifically due to his shock and concern exclusively pertaining to the biting incident which is also recorded in my P&WA medical file entry dated 4/1/96. Dr. Kelleher told P&WA medical that he was absolutely “not comfortable returning employee to work due to unresolved family problems concerning child care, and marital problems”. Not one person at the P&WA medical department would bother to following up on his phone call and discuss with Dr. Kelleher the seriousness of my situation.

On 5/13/96 I returned to work at P&WA, in reality completely against Dr. Kelleher’s advice. Grout was still completely ignoring Dr. Kelleher and any and all of his recommendations and requests for an accommodation. In effect, Grout’s position was still the ultimatum recorded in my P&WA medical file given to Dr. Kelleher when previously on 3/18/96 he had been “advised to give employee a return to work note”----- or else! My return to work was fully documented in my P&WA medical file per entry dated 5/13/96 wherein the author, Nurse A. Barnard noted that “issues remain the same, and family problems remain the same – problems with child care remain the same”.

On or about 5/16/96 in front of our two small children, I found myself being assaulted again by my wife in another violent rage that was exclusively due to the ever increasing marital stress of not being accommodated by Grout. This time she approaching me and was ready to split my skull open with a 4 foot oak handle and steel bladed floor scraper. After I warned her that “Dr. Kelleher has advised me to Call 911 if you were to become violent again Helena”, she stopped, thought about it momentarily, and then proceeded to bash in the drivers side windshield of my car that I was standing beside.

Then on 5/16/96 after commuting to work, while peering through my bashed in windshield and thinking about my shattered life, I arrived at P&WA in suicidal tears. I clocked in at a subterranean time clock and could not make an appearance that day in D-955 in that state of incredible emotional duress, simply because a jet engine development shop is a very “macho” place. I was just not able to function any longer due to the enormous stress. Consequently, I got back in my car, left work without clocking out thus going AWOL, and I drove home and in fact almost blew my own brains out with my handgun!

And the fascinating details do clearly indicate that during the federal trial, my own lawyers Gardner and Ellis would actually allow P&WA/UTC to quite successfully use the fact that Grout had almost intentionally driven me to commit suicide against me in a federal court of law.

Upon my return to the workplace on 5/20/96, not one person in D-955 would ask me if I was alright, despite the fact that everyone at P&WA, including Grout, could plainly see my bashed in windshield that I could not afford to fix, and they all knew I had gone AWOL. Moreover, Grout had foreman Durant, who had replaced foreman Williams as my supervisor discipline me for not clocking out and going AWOL on 5/16/96. Grout knew exactly why I had gone AWOL because it was all in writing no less in my P&WA medical file that he was closely monitoring as he had me right on suicidal edge.

It was at this point that Dr. Kelleher had even called P&WA medical in such alarm over my crisis and requested a personal visit with P&WA Dr. Poliner. Dr. Kelleher did not bother trying to contact Grout anymore since he was obviously fully satisfied with my enormous distress. Dr. Kelleher’s request was completely ignored and the visit with Dr. Poliner never did take place. This request for the personal visit is also recorded in the P&WA medical file and the author of this entry recorded that I was suicidal on 5/16/96 by writing that I was;

OOW (out of work) 5/16/96 +5/17/96… Didn’t feel good so stayed OOW……Dr. Kelleher requests to see Dr. Poliner”).

On the same page of this medical record a second author, specifically the key witness Dr. Mauer also personally noted in a very comprehensive entry, after we had met in P&WA medical on 5/20/96 that she was fully aware of my deteriorating situation and that I had been suicidal on 5/16/96 which was specifically why I had gone AWOL by writing;

“…Has serious family problems and other problems………Did well until Thursday 5/16/96. Clocked in and felt badly due to family problems. Patient went home, was not able to continue to work……… Discussed with Dr. Poliner………Not (presently!) suicidal or homicidal”.

And per this note Dr. Mauer knew exactly where I worked at P&WA and who to immediately call as far back as 1996 regarding my situation; Grout, Eels and Durant in D-955. Dr. Mauer knew all about this cruel program of harassment and discrimination that Grout had subjected me to, in particular the fact that he had almost driven me to commit suicide on 5/16/96.

Two short weeks after my near suicide on 5/16/96 after I had gone AWOL, Grout himself sent me to see his right hand man - human resource representative Mr. Walter Eels under the false pretense that Grout was going to finally release me from his vicious stranglehold in D-955. At this meeting, in effect begging for Grout’s help, I physically lifted my shirt showing Eels the pivotal bite mark scar. My disclosure of the scar to Eels was an attempt on my part to divulge the real gravity of my situation caused by Grout’s denial of the accommodation, as I described to Eels the relationship of biting event to the windshield smashing incident and ultimately my near suicide on 5/16/96. I would never be offered any transfer out of D-955 because that was clearly not Grout’s real intent in having me talk to Eels.

Then three short days after disclosing my psychological vulnerability when showing Eels the bite mark scar, and just two weeks after I had almost committed suicide on 5/16/96, since I believe that I failed to entertain Grout by blowing my brains out, that evil bastard in his absolutely unmatched malicious intent decided that it would be fun to push me even harder over the suicidal edge on 6/6/96 with a totally unfounded accusation that supposedly I had committed sexual harassment. And Eels along with Durant did sit right there next to Grout as a tribunal when he dragged me across the carpet with his cruel and false sexual harassment accusation.

Consequently, moments later in a stairwell, while talking to my useless union steward Mr. Robert Manley about the false sexual harassment accusation that Grout had just made against me, I kicked and fractured a $5 piece of masonite, while again being reduced to suicidal tears. This was out of complete frustration, simply due to being wrongly accused by Grout because I was sure that Eels must have told Grout about the bite mark scar.

Grout then immediately suspended and ultimately terminated for the first time. Grout terminated me not for sexual harassment, but in fact for destruction of company property. This act of kicking the stairwell panel, literally on the verge of committing of suicide was just another example of the simply unexplained “unacceptable behavior” that Grout had in fact illegally provoked me into displaying that was successfully use against me in a federal court of law. And this outrageous event would be the beginning of the end of my 19 year long employment at P&WA.

But of most importance, that bogus sexual harassment accusation which Grout made resulting in my first unjustifiable termination, that illegally stripped me of livelihood and ability to provide for my children and family almost did intentionally push me over the suicidal edge on 6/6/96 as that sick little man sent me out the door distraught in the suicidal tears to ponder my shattered life - and hopefully this time to have provoked/harassed me enough to pull the trigger.

I have never harassed anyone in my life, sexually or otherwise. This absolutely vital piece of information required for the federal trial, that was intentionally suppressed, was undoubtedly confirmed during the CHRO investigation, where it was fully documented that this accusation was most likely fabricated. And this was largely due to the fact, that the engineer Mr. Joseph Farrelly who was the person escorting Miss Bruss the female visitor that I supposedly sexually harassed, testified truthfully that neither one of them were offended in any way whatsoever.

In reality, I was the one being intentionally and quite creatively harassed on 6/6/96 to within an inch of my life. Especially when you consider our already completely deteriorated marital (and therefore sexual) status, which was exclusively due to Grout’s illegal denial of the accommodation. And as a faithful Christian person myself, I now truly consider Mr. Dennis L. Grout to be nothing short of the Devil himself. And not only do I consider UTC’s stable of high priced federally subsidized lawyers to literally be his henchmen, but in fact I must now include my own attorneys.

Therefore, the jury had absolutely no idea that in reality Grout had illegally provoked/harassed me to kick not only the stair panel through his heinous program of H&D, but again each and every one of my displays of “unacceptable behavior” in which Gardner and Ellis would simply allow DB&H to continuously use against me in federal court.

I am convinced that this deliberately devised erroneous conclusion that Miss Bruss had supposedly been offended, could have also by design, easily insulted the female Judge Burns and moreover the most likely intentionally loaded jury, that was comprised of a majority six out of the nine people who were also female. And this would be concerning for them, what I believe was probably a very emotionally charged issue of the case, that in fact DB&H continuously focused upon.

This all important event that the co-conspirators knew was an absolute top priority to diffuse, since the false sexual harassment accusation was in reality the highlight event of Grout’s vicious program of illegal H&D as that evil bastard had intentionally attempted to provoke the caring and devoted plaintiff father over the suicidal edge on 6/6/96.

Immediately following Grout’s bogus sexual harassment accusation and my termination on 6/6/96, I went across the street to meet for the first time IAM president Mr. Mike Stone. Stone was obviously fully expecting my arrival and he promptly told me face to face and me quote; “Andy your bullshit, and your history at P&WA”! Stone had been a senior steward, specifically in D-955, for many years and was very close to Grout, prior to being voted in as the/my principle representative of the IAM union.
Consequently, I immediately hired my first employment lawyer, Mr. Anthony J. Palermino. And it was exclusively Palermino’s threat and his threat alone of a CHRO complaint and legal action in 1996 that returned me to work on 7/22/96 as a 19 year probationary, still on the 1st shift. Grout was still illegally denying Dr. Kelleher’s request for the reasonable accommodation and he was continuously giving me discriminatory work assignments.

After the sexual harassment accusation and my termination in 1996, Grout was quoted and recorded in writing during grievance meetings when making the following vicious statements about me and my near fatal predicament. In effect, at the time of this grievance meeting the players were discussing the dilemma attorney Palermino had created with his threat of legal action, and the illegal situation that Grout had intentionally created for me. Grout was quoted stating that;
· “Intend to terminate”
· “He’s gone beyond”
· “Punched out and left” (The day I was suicidal on 5/16/96)
· “We accommodated his shifts” (Grout did nothing)
· “Don’t know his family situation” (Grout clearly knew my families tattered status that he in fact caused because it was in writing no less recorded by P&WA’s own internal doctors.)
· “Were not equipped to deal with his problem” (Grout could have easily accommodated me)
· “Going to fire him”
· “Not putting up with that behavior” (Again, his cruel and illegal behavior had almost caused my near fatal behavior.)
· “Needs to hit Bottom”! (I think my near suicide on 5/16/96 was close enough for me and make no mistake about it; I have been scraping the bottom for the past nine years now as my family has been illegally destroyed)


In the spring of 1997 I was diligently trying, but unsuccessfully pursuing daycare. The wife was not supporting me at all. In fact, we had initially agreed upon, and I had even spent three months finding a young lady to come into the house to act as a nanny for the summer of 1997. The wife simply changed her mind at the last minute stating that she was not comfortable with that arrangement, casually waiving this person off saying “You find something else Andy”. But there was nothing else.

During this time frame my best friend was killed in a car accident and both of my grandmothers died of natural causes, all of which Grout would be on written notice due to my bereavement pay requests.

I had also made numerous written requests to Grout in early 1997 for help with my family’s deteriorating situation to no avail. In fact, Grout had even teased me twice in a very cruel fashion by offering me a temporary transfer to the Middletown, CT. plant that had overflow work at the time and then turned me down cold when stating specifically; “Because you want to care for your children Andy”. Moreover, Grout even had foremen Durant issue me a warning, aka “an encouragement talk” for simply taking two sick days off from work. In fact, I had requested and been fully approved by management (Grout himself) these two sick days when specifying that I needed the time off to take care of both children who were home sick with the flu, since I had absolutely no one else to care for them.

In April of 1997 the stress at home only escalated ever farther literally to the breaking point. In fact, that is when we had for me the ultimate horrific event at home. My wife in another one of her resultant violent rages, entered our little boys locked bedroom door by splintering the door and its jamb, and then proceeded to almost blind him in his right eye, by whipping him with the plug end of an electrical cord! I did not dare tell anyone in D-955 in absolute fear of what kind of creative program of vicious harassment Grout could possible think up for me concerning dreadful this event. This alarming incident was the absolute last straw for me at home, that again was all exclusively caused by Grout’s illegal denial of the simply accommodation. And due to this event their truly loving mother/son relationship would absolutely never be the same and forever damaged.

And I will absolutely never hold my now ex-wife fully responsible for any of the domestic violence we experienced - never. It was all exclusively due to Grout’s heinous program of intentional harassment and discrimination that caused all of these horrific events in our home - period.

Finally on 4/28/97 in total desperation and now habitual suicidal tears, this time because of the vicious assault my son had just suffered at the hands of my resultant violent wife, I made my last request at P&WA. This request was for a completely unpaid leave of absence under the state and federal FMLA, in which the specific reason I cited for this request was exclusively due my childcare issues. The exact same very real and now greatly exacerbated reason that Dr. Kelleher had specified in his ADA accommodation request.

Grout then did illegally turn me down absolutely cold for the unpaid FMLA. And contrary to what Grout had foreman Durant write at the bottom of this document, I firmly believe the FMLA request very much did apply.

Specifically, I believe without a doubt in my mind, since my psychiatrist Dr. Kelleher had clearly specified in his ADA accommodation request that in his professional medical opinion as a psychiatric expert my child care issues were my primary stressor in direct relationship to my MDI, or in particular FMLA language my “serious health concern” (SHC), Grout should have granted me the FMLA and therefore clearly violated the law when denying this last request.

And when I had gone to my IAM union of 19 years errantly asking for their help with Grout’s denial of the FMLA, they still did absolutely nothing for me. And this is when I will never forget union steward Manley, who I assure you was not that witty, said to me right out of the clear blue sky while Manley, Brinton Roy and I were working together on experimental engine X-808, as I was already dealing with suicidal ideations previously arranged by Grout. Specifically Manley told me;

“Andy, if you really love your family, and when you’ve had enough, you get yourself well insured and you take your car at a high rate of speed into a bridge abutment!”

Just for clarification, I believe Manley’s statement was an intentional suicide suggestion and I am absolutely sure of the source of this quite creative comment - Mr. Dennis L. Grout. And his repulsive inspiration was most likely the unfortunate fate of my friend Louis Verbryke and the mangled mother and child.

After Grout illegally denied my FMLA request, it was also fully documented during the CHRO investigation that P&WA blatantly retaliated against me on May 22, 1997 by intentionally attempting to provoke me into some act of workplace violence, so as to create for themselves a “threat to safety defense” again in effect over my child care issues. This obvious retaliation was made by P&WA three long and quite indicative days after I openly notified them on May 19, 1997 that I intended upon re-visiting Mr. Palermino and have him initiate legal action regarding Grout’s illegal behavior.

In fact, this was when I made the statement of my clear intentions to the emotionally unstable Dr. Mauer on 5/19/97. After our visit that day, in which Dr. Mauer had truthfully informed me there was absolutely nothing she, or anyone at P&WA medical could do about any accommodation requests whatsoever, when telling me that; “D-955 management (Grout) will do as they please”. I then in turn responded in a calm, clear and concise manner for all to hear in the foyer of the P&WA medical that; “I am sick and tired of this blatant treatment. I don’t think this is moral, ethical, or legal. And as the medical representative of P&WA I am putting you on notice that I am going to check this out with state and federal authorities”.

This outrageous and quite transparent retaliation was orchestrated, undoubtedly after P&WA had discussed my statement of 5/19/97 and obviously strategized with their team of federally subsidized attorneys, by having foreman Durant walk me out the door after I had contributed 19 long productive years in D-955, with a totally unexplained excuse that I had supposedly exhibited more unacceptable behavior, later claimed as the supposed “threat” (my statement above) against Dr. Mauer.

Then P&WA produced that evil bastard Grout onto the curb to stand within an arms reach away from me, and have him stare off into space like nothing was going on for 10-15 seconds. The “decision maker” at P&WA who I was keenly aware had been the person harassing me for at least the past three years, the direct result of which was all the domestic violence at home and of specific focus my near suicide on 5/16/96.

Moreover, and in fact the 2nd in command in D-955 Mr. Fred Valenti, did the exactly same thing attempting to provoke me to violence on the curb that day, since I failed to react to Grout’s intentional appearance. P&WA even had Eels arrange for the local police to be present for this staged event, clearly designed to arrest me hopefully assaulting Grout. I failed to participate in their obvious plan, and quietly left P&WA that day without incident, literally walking away from my youth.

And regarding the fraud committed against the court during the federal trial, Grout was not asked one question about this key event. Moreover, Mr. Valenti was not subpoenaed to testify whatsoever and was never even deposed. This most important evidence was suppressed, despite the fact that for the four long brutal years leading up to the federal trial, to explicitly and accurately quote Gardner this event was “the smoking gun” concerning my case.

Consequently, Judge EBB and the jury heard absolutely nothing at all about the significant fact that both Grout and Valenti were presented onto the curb right next to me, after I already had been walked out of the door at P&WA for the last time on May 22, 1997 in a clear attempt to provoke me to violence.

And the obvious question Judge EBB and the jury should have heard being asked, if Grout had been properly examined at the end of the trial was; Why would Mr. Dennis L. Grout risk his personal safety by approaching this supposed “threat to workplace violence” after I had already been safely escorted out the door without incident? Since the obvious answer was P&WA’s intentional attempt to create a “threat to safety defense” for themselves, then Gardner and Ellis should have had a legal expert on hand, to fully explain to the jury the ramifications of an employer/P&WA trying to create this #1 defense under the ADA so as to disqualify a citizen from their civil rights.

Specifically, this little known by the general public “threat to safety defense” and most likely abused by corporate America provision of the ADA states, that if employer can prove you are “threat to safety” (provoked or otherwise) then you may be disqualified from your civil rights under the ADA. Therefore, I believe the question is how many other citizens like me are being provoked to workplace violence, and perhaps the employer is getting a little more than they bargained for? For example someone “going postal”.

Gardner and Ellis completely suppressed this most important aspect of this significant event and all the clear implications to my case.

And the CHRO investigation also clearly indicated that Dr. Mauer most likely completely misconstrued my statement, since previously in her career she had been violently physically assaulted by a hallucinating mental patient in Texas. Gardner basically avoided this significant past emotional baggage of hers during the trial, and how it completely distorted her perception of reality. Moreover, since Gardner completely suppressed the CHRO investigation altogether, the important fact that I did not threaten anyone at P&WA, in particular Dr. Mauer on 5/19/97 and the real truth that I am certainly not a violent person was never definitively determined during the trial.

And Gardner made no issue whatsoever during any of this litigation about the quite significant fact that in the end, Grout had also illegally denied me a fully unpaid FMLA. Consequently, Judge Burns and the jury heard nothing at all about that all important fact, and moreover the horrific violence committed against my son, which was the specific reason why I had requested the FMLA trying to care for my children that I found were also suffering domestic abuse at the hands of my resultant emotionally unstable and violent wife.

Wednesday, June 28, 2006

Judge Ellen Bree Burns is obviously corrupt and UTC’s owns her also. Hopefully I will be able to attach her bogus ruling dated 3/14/06 denying my valid motion to reopen and set aside the judgment. (Presently, I am not able to paste this document onto Blogger.) There is no legitimate reason whatsoever for her denying my motion, although given all the facts of this heinous story this is no surprise to me now. This clearly tells me that senior federal Judge Ellen Bree Burns is corrupt and she is also on UTC’s huge federally subsidized payroll.

This latest document is my appeal to the second circuit court of appeals regarding Judge Burns “errant” ruling. Despite what you may think, an appeals court only and exclusively grants an appeal if it determines that the lower court itself made an error. In other words, an appeals court does not consider whatsoever anything concerning misrepresentation, fraud, suppression of evidence, leading witnesses, perjury, lying - nothing. An appeals court is only interested if the court itself made an error, in which Judge Burns has now clearly done in my case obviously to the full benefit of UTC. It is going to be very interesting the determination made by the second circuit court of appeals. Because unlike Judge Burns sitting all by her lonesome corrupt self, there is at least three justices at the second circuit who have to agree upon their determination.

The facts clearly indicate that United Technologies Corporation is literally above the law here in there home state of “Corrupt-I-Cut”, wherein they own every state and federal official including the U. S. attorney and a senior federal judge no less. And UTC would have no qualms whatsoever about using there vast resources and enormous power to destroy your family also.



06-1764-cv

In the
United States Court of Appeals
For the Second Circuit
_________________________________

Mr. Andrew R. Elliot The Plaintiff-Appellant

-V.-

Pratt & Whitney Aircraft, a division of United Technologies Corporation

The Defendant-Appellee


_______________________________

On Appeal from the United States District Court
For the District of Connecticut


Brief for the Plaintiff - Appellant





Respectfully submitted by
the pro-se litigant/plaintiff

Mr. Andrew R. Elliot
PO Box 477
Manchester, CT 06045
(860) 478-0683

Table of contents
page
Jurisdictional statement………………………………………………....2
Questions presented for review…………………………………………3
Statement of the case……………………………………………………3
Statement of facts……………………………………………………….5
Summary of argument…………………………………………………..8
Argument………………………………………………………………..8
Conclusion and precise relief sought…………………………………...17



Oral argument requested









Jurisdictional Statement

Jurisdiction in the district court was founded under the provisions of the Americans with Disabilities Act, 42 U.S.C. Sect 12101 (ADA).The plaintiff/appellant Mr. Andrew R. Elliot (hereinafter “the plaintiff, I or me”) appeals from the district courts ruling/order issued on March 14, 2006 (A1-A2) concerning plaintiff’s motion dated February 9, 2006 to reopen and set aside the completely unjust judgment rendered against him on August 30, 2001 (A3). In addition, the plaintiff appeals from the district courts ruling/order dated March 24, 2006 (A4) concerning his subsequent motion dated March 21, 2006 for reconsideration of plaintiff’s original motion to reopen and set aside the judgment dated 2/9/06. The plaintiff filed a timely Notice of Appeal on April 12, 2006 concerning both issues (A5).










Questions presented for review

Judge Ellen Bree Burns (hereinafter “Judge EBB”) the presiding judge in the lower court during civil action 3:99 CV 1290 EBB clearly erred when denying the plaintiffs motion dated February 9, 2006 to reopen and set aside the judgment concerning a blatant act of obstruction of justice (hereinafter “OOJ”) committed right there in her own federal court of law.
Judge EBB in the lower court clearly erred when denying the plaintiffs subsequent motion dated March 21, 2006 for reconsideration of his original motion to reopen and set aside the judgment.

Statement of the case

The numerous documented facts revealed during Connecticut Commission on Human Rights and Opportunities (CHRO) investigation #9840272 resulting in a reasonable cause determination in the plaintiffs favor (A6-A7) that were intentionally suppressed in writing with a motion in limine (A8-A10) by the plaintiffs former attorneys Barbara E. Gardner (hereinafter “Gardner”) and Christine M. Ellis (hereinafter “Ellis”) during the subject federal trial, clearly indicate that the plaintiffs former sick supervisor Mr. Dennis L. Grout (hereinafter “Grout”) the decision maker that orchestrated this documented heinous three year long story of blatant harassment and discrimination at the defendants United Technologies Corporation (hereinafter “UTC”), Pratt&Whitney Aircraft division (hereinafter “P&WA”) workplace did illegally violate the Americans with Disabilities Act (ADA), the Connecticut Fair Employment Practices Act (CFEPA), and both the state federal the Family and Medical Leave Act (FMLA).

Moreover, and of specific emphasis the documented facts at the CHRO clearly suggest that through a sadistic manipulation of my workplace environment, in direct relationship to Grout’s thorough understanding of my disability - manic/depressive illness and its potentially fatal results, that he may have been intentionally attempting to provoke me into committing suicide over my child care issues no less. And it is fully documented in P&WA’s own internal medical records that Grout did come very close to achieving the unmatched malicious intent of his very sick goal.

Specifically, Grout had completely violated the law under the ADA when he totally ignored his legal responsibilities by failing to enter into the “interactive process” whatsoever after he received from my psychiatrist Dr. John E. Kelleher a request for an extremely simple accommodation, in particular to transfer me back to P&WA’s miserable 3rd shift, in which the court will please note the key fact that the accommodation request was primarily due to my complete lack of child care (A11).

Consequently, this was definitely not a frivolous lawsuit or merely case of employment disability discrimination either. In effect, as far as I am concerned this was an attempted murder case and that is exactly why the utterly ruthless corporation UTC has gone to such extreme measures attempting to suppress Grout’s truly deviant illegal behavior.

Specifically, this convoluted conspiracy between at least attorney Gardner, Ellis and P&WA/UTC’s legal representatives the law firm of Day, Berry, and Howard (hereinafter “DB&H”), the highlight event being the blatant fraudulent act of OOJ that was committed right there in federal district court, all of the aforementioned which is the focus of this appeal.

Statement of facts

Most of the documented facts describing this three year long story of heinous harassment and discrimination at P&WA, in addition the blatant act of OOJ committed during a five day jury trial in federal court, and the corresponding nine year conspiracy between UTC and the numerous state and federal officials who acted to suppress this illegal story is factually described in the plaintiff/appellants comprehensive 99 page subject motion to reopen and set aside the judgment dated 2/9/06. Moreover, the subject motion briefly describes the fraudulent act of OOJ that was also committed in the second circuit court of appeals August 2002 and how attorney Gardner while conspiring with UTC deliberately defrauded and intentionally lied to the honorable justices Pooler, Leval, and Calabresi during her oral argument at her disingenuous appeal attempt reference docket # 01-9462.

In full respect of this courts valuable time, the plaintiff asks the court to objectively review the attached subject motion and corresponding 271 page factual appendix which is the focus of this appeal. Therefore, the subject motion will constitute the plaintiffs statement of facts for this appeal. The plaintiff requests this so he is not repeating himself about the facts of the matter and moreover he is extremely confident in the credibility of the motion that Judge EBB denied, which must be reviewed by this court anyhow. The plaintiff contends that the significant scope of his allegations justifies this courts time when reviewing the subject extensive motion. The plaintiff is of the firm opinion that despite Judge EBB’s errant ruling no unbiased person would not wholeheartedly agree that a substantial injustice has occurred when the subject motion is impartially evaluated.

Please note, that Judge EEB somehow ruled against the plaintiff’s original motion to set aside the judgment and his subsequent motion for reconsideration, despite the fact that the defendant indicatively did not even submit a reply brief in opposition of either motion. The simple reason they did not file an opposition brief was that they merely could not deny the truth or refute any of the overwhelming meritorious evidence cited in the plaintiff’s subject motion.

The subject motion to set aside the judgment is still the pertinent document in question, now specifically concerning this appeal which the plaintiff respectfully requests that this court require the defendant attempt to respond to in full.

Reference local rule #28. This case specifically pertains to the very scandalous events and many unmerited decisions regarding these matters made over the past nine miserable years that were suspiciously rendered in UTC’s favor by every state and local federal official here in Connecticut, with the exception of the CHRO that are highly relevant to this appeal, which have thoroughly burdened the plaintiff and destroyed his family. In fact, Judge EEB’s errant ruling is now the plaintiff’s primary example of these clearly unjust decisions. And concerning rule #28 the plaintiff has to trust the honorable justices of this court will not hold any misguided aversion against him only because he is the unfortunate person who has been damaged/destroyed by these decisions and is now the messenger delivering these very disappointing conclusions about all these people.

In fact, the final insult and directly associated unfair decision was recently rendered on 4/18/2006 by the U.S. Department of “Justice” (USDOJ) Torts Branch concerning the plaintiff’s valid claim against all of these federal agents cited in the subject motion who acted unethically to suppress this heinous story and support UTC. (A12) The USDOJ specifically cited section 2680 the discretionary function exception rule under Title 28, wherein apparently a federal official can arbitrarily use his discretionary authority to act or not regardless of whether their discretion was clearly abused. In other words, the directly related blatant corruption that I have been subjected to is openly condoned by the federal government and there is no recourse for the victims whatsoever, considering that evidently anything goes in federal court since a federal judge apparently ignores blatant fraud when presented with unmistakable facts thereof such as the present case.

Unfortunately, the facts clearly suggest that UTC is literally above the law here in their home state of Connecticut. Apparently, the hard lesson learned by the plaintiff is that the rule of law does not exist here in Connecticut whatsoever since he could never prevail against UTC alone, in which he has undoubtedly been acting for nine long suicidal years.

And the precise point being made is this appeal is the last realistic legal avenue remaining for the plaintiff to achieve justice regarding these matters, the goal of which is nothing short of having his life restored.

Summary of argument

Judge EBB in the lower court clearly erred when denying the plaintiffs undeniable motion to set aside the unjust judgment and his subsequent motion for reconsideration and Judge EBB is simply ignoring this blatant fraudulent act of obstruction of justice committed right there in her own federal court of law.

Argument

The plaintiff filed the subject motion on February 9, 2006 requesting that Judge EBB upon her own initiative reopen, reconsider, set aside, and grant the plaintiff relief from the extremely unjust verdict handed down in consideration of the blatant fraud and act of OOJ committed August 2001 during the subject federal trial CV 3:99 1290 EBB that the plaintiff contends undoubtedly rendered the subject verdict and judgment null and void.

This blatant conspiracy to obstruct justice created overwhelming harmful error that went to the very heart and integrity of the federal trial, therefore the jury was clearly misled about the truly heinous facts of the matter, resulting in a completely unjust verdict in the defendants favor, therefore completely prejudicing plaintiff’s federally protected rights.
The plaintiff provided Judge EBB in the subject motion overwhelming irrefutable meritorious factual evidence and proof which was recorded in the trial transcripts no less, that the plaintiffs former attorneys Gardner and Ellis intentionally misrepresented the plaintiffs entire case, exclusively for the defendants benefit by deliberately defrauding and blatantly lying to Judge EBB as she sat right there in her own federal court of law.

In addition, the plaintiff factually demonstrated in the subject motion that Gardner and Ellis intentionally suppressed vital evidence and many key witnesses during the trial, therefore the plaintiff presented this as fully documented evidence which Judge EBB and the jury simply never heard, and crucial witnesses that were never subpoenaed to testify during the trial. The plaintiff also presented to Judge EBB in the subject motion the irrefutable factual evidence he has concerning the many exceptional circumstances of this illegal situation. First and foremost being the scandalous unethical behavior mentioned above of numerous state and federal officials that completely abandoned the Elliot family and instead fully supported P&WA/UTC with their illegal activities.

Therefore, upon factually proving to Judge EBB that she was intentionally defrauded the plaintiff was seeking relief from her under her own initiative of the extremely unjust verdict rendered by the intentionally deceived jury at the very least under the federal rules of civil procedures 9, 11, 59, 60, 61, and 73.

In particular, the plaintiff cited the federal rules of civil procedures 60 (B) (4) (5) (6) regarding a judgment that has been rendered void “for any other reason justifying relief from the operation of a judgment”, in which the plaintiff did not find any statute of limitations. The plaintiff specifically cited this blatant act of OOJ as the primary exceptional circumstances of this case and clearly a reason of the utmost validity to justify relief of the unjust verdict and judgment.

The plaintiff also respectfully requested that Judge EBB grant him the appropriate consideration as cited in 3:03 1620 MRK wherein “since the court recognizes that most pro-se plaintiffs lack familiarity with the formalities of pleadings requirements” and because of this fact, courts “must construe pro-se (pleadings) liberally, applying a more flexible standard to evaluate their sufficiency than (they) would when reviewing a pleading submitted by counsel”. (A13-A18) The plaintiff contends that Judge EBB did not give him this appropriate consideration whatsoever. Please note, the plaintiff respectfully requests that the 2nd circuit court grant him this consideration concerning all his briefs, pleadings, and motions in this matter that he was denied in the lower court.

Reference Judge EBB’s errant ruling dated 3/14/2006 denying plaintiff’s indisputable motion to reopen and set aside the completely unjust judgment rendered against him on August 30, 2001. Judge EBB in the lower court simply stated when denying the subject motion that supposedly the plaintiff merely; “expressed dissatisfaction with the performance of his attorneys, e.g. failure to depose certain potential witnesses, ineffective cross-examination, and deceptive closing arguments”. In addition, Judge EBB errantly wrote that “the court finds no legal basis for the court to grant him the relief requested”.

The plaintiff adamantly disagrees with Judge EBB contending that the act of OOJ in relationship to federal rule 60 (B) 4, 5, and in particular #6 is clearly a basis of the utmost validity to grant his motion to set aside the judgment. And in fact that Judge EBB had simply cited the least relevant and most obscure issues presented making a gross understatement about the overwhelming factual evidence offered in the subject motion.

In response to Judge EBB’s errant ruling dated 3/14/06 the plaintiff made the subsequent motion for reconsideration on 3/21/06 requesting again that Judge EBB upon her own initiative review the subject motion to reopen and set aside the judgment, this time taking into consideration any and all law/case law. In addition, the plaintiff notified Judge EBB that she had simply overlooked the most important facts presented in plaintiff’s comprehensive 99 page motion, which clearly indicates this blatant conspiracy between the defendant’s representatives DB&H and plaintiff’s former attorneys Gardner and Ellis. Specifically, the most relevant irrefutable facts and evidence presented in subject motion to set aside the judgment;
· The plaintiff finally discovered in December 2004 that his own attorneys Gardner and Ellis did not even invite me to witness their opening “statements of counsel” which transpired during the first 40 minutes of the proceedings of this intentionally flawed federal trial. This is simply because for that whole 40 minute time frame they did completely defraud Judge EBB concerning the entire heinous story while intentionally lying to her so as to set the illusionary stage for the forthcoming trial, which is fully documented in 56 pages of court transcript text. Therefore, this was the subject federal trial that was one of the most important events of my life, in which the Elliot family had literally everything on the line, and we were simply instructed to arrive 40 decisive minutes after the proceedings actually started by my own attorney no less.
· And during those opening statements of counsel, Gardner and Ellis filed numerous motions in limine “on my behalf”. The primary intent of Gardner and Ellis’ motions were specifically to intentionally mislead and dupe the court. I was not aware of, and I would not, and did not agree to any of these motions. Because they all pertained to the most important evidence that would have fully supported my case.
· In fact, when Judge EBB had explicitly asked my attorneys during the trial for clarification about these motions, it is fully documented in the court transcripts that Gardner and Ellis intentionally lied to her again concerning my knowledge of these motions. In particular, Gardner’s motions in limine to intentionally suppress the truthful facts concerning the pivotal “bite mark scar”. The biting incident in which the whole heinous illegal story revolved around. And Gardner suppressed all the factual evidence documented during the CHRO investigation that fully supported my case with a motion in limine among many other quite detrimental motions.
· Gardner and Ellis intentionally suppressed many key facts and crucial evidence.
· Gardner and Ellis also intentionally led witnesses to clearly perjure themselves.
· Gardner and Ellis intentionally allowed DB&H to lead witnesses to clearly perjure themselves.
· Gardner and Ellis intentionally did not subpoena key witnesses to testify.
Judge EEB errantly ruled against the plaintiff again on 3/24/06 denying his motion for reconsideration dated 3/21/06, despite the fact as noted above that indicatively P&WA/UTC did not even submit a reply brief in opposition of either motion.

The plaintiff contends that Judge EBB clearly erred and blatantly abused her discretionary authority by disregarding the overwhelming meritorious evidence and denying the plaintiff's extremely valid motion to set aside the unjust judgment and she is ignoring this obvious act OOJ committed right there in her own federal court of law.

Please note the plaintiff has even located two other former UTC employees, specifically from their Sikorsky Helicopter division that were “represented” by attorney Gardner, wherein she also intentionally suppressed the most important facts that would have supported their employment discrimination lawsuits. This would be Mr. Daniel Peck civil action case number 3:94 CV 01360 (CFD) and Mr. Al Yurevich civil action case number 3:97 CV 01831 (JBA). Therefore indicating that this is a multiple client conspiracy between attorney Gardner and UTC to obstruct justice and act in complete contempt of all courts. The plaintiff not only made Judge EBB aware of this factual information, but in addition the USDOJ. To date, the USDOJ has completely failed to act upon this illegal situation altogether and has left me to stand entirely alone against UTC.

In particular, on 1/5/2004 the plaintiff first made the USDOJ aware of the directly related exceptional circumstance of this case, specifically the unethical activities of the District of Connecticut U. S. Attorney Mr. Kevin J. O’Connor wherein he completely failed to act upon this criminal act of OOJ and blatant fraud committed by DB&H while representing their client P&WA/UTC during these proceedings. I believe DB&H completely violated at least Title 18 of the USC federal code and in reality due to the defendants own unethical behavior this case is much more now than just a civil action/lawsuit.

Mr. O’Connor acted unethically as one of his first official acts soon after being appointed U.S. Attorney since he failed to recuse himself from this scandalous situation and refer it to another unbiased U.S. Attorney for investigation and prosecution. I am convinced without a doubt in my mind that Mr. O’Connor’s obvious motivation to ignore this illegal situation was that he had literally just walked out the door of not only his previous employer, but in fact his previous partnership with the law firm of DB&H (A19).

The plaintiff has provided all these irrefutable facts and evidence cited in his subject motion to numerous agencies within the state of Connecticut and the federal government and they have completely ignored the unethical behavior of Mr. O’Connor and all these state and federal agents clearly involved, and no action whatsoever has been taken upon what is my own personal investigation of this criminal act of OOJ. The plaintiff has come to the stark realization that he literally financed the demise of his own family and this sad state of affairs by dutifully paying taxes to both a corrupt state and federal government that unethically conspired against him and continues to support the defendant.

The plaintiff contends these were clearly not judicial decisions that Judge EBB made when denying his motion to set aside the judgment, but perhaps political ones here in UTC’s home state Connecticut. Judge EBB’s errant ruling clearly benefited not only P&WA/UTC, but moreover the reputation and image of at least Mr. O’Connor who most recently was considered by Connecticut Governor Jodi Rell as a candidate for lieutenant governor among many other possible influential political appointments in his future career. Although, the plaintiff is certain that Judge EBB’s “errant” ruling conveniently did totally prevent him from submitting the subsequent motion he would have filed for her to take disciplinary action against Mr. O’Connor’s DB&H, Gardner, Ellis, and the witnesses Grout and Eels who clearly perjured themselves in her federal courtroom.

Please note, that the plaintiff has additional documented facts not cited in this brief or the subject motion that clearly indicates UTC never had any intention whatsoever in obeying the law in the first place, and if ever subsequently challenged with litigation by any and all plaintiffs, their primary strategy and standard operating procedure is to simply compromise the plaintiffs attorneys and ultimately act in complete contempt of court.

And as much as the plaintiff would truly value having trustworthy legal representation for these matters even filing this very brief, he believes that in light of the all the meritorious evidence provided in the subject motion, it is ludicrous not to believe that UTC would simply compromise any potential future pro-bono attorney to then conspire with them to defraud this court again. In fact, this is the precise issue at hand concerning this blatant conspiracy to quite successfully deny the plaintiff honest legal representation inasmuch as the facts clearly indicate that UTC has now compromised all three of plaintiffs former attorneys; specifically, attorneys Palermino, Gardner, and Ellis.
The truth as documented in the subject motion is clearly on the plaintiff’s side - period. The pro-se plaintiff respectfully asks this court through its own trustworthy initiative citing the above requested appropriate consideration to not allow the defendant to circumvent justice by employing some sophisticated legal strategy against me that I cannot contest simply because they themselves deny me honest representation utilizing my own tax dollars. In case the plaintiff has not cited the specific applicable law/case law that the defendant has violated, he asks this court to take the initiative and act upon any and all appropriate law, exactly like he had requested that Judge EBB do in his motion for reconsideration. Because as a layman, the pro-se plaintiff cannot possibly know all the applicable case law, in which the defendant is most likely setting new precedents

And concerning the USDOJ Torts branch’s denial of the plaintiff’s valid claim regarding the blatant unethical conduct of all these state and federal officials clearly involved in the subject conspiracy with UTC to deny me justice and a fair trial.

After fighting UTC, and in effect my own corrupt state and federal governments for nine long years, I have definitely “had enough” and am now at the end of my legal rope with the very ironic and bleak prospect of commencing new legal action against my own federal government that would simply continue to utilize my own tax dollars against me, here in the District of “Corrupt-i-cut” where apparently the rule of law does not exist anyhow, in which Mr. O’Connor would be the defending attorney in effect fighting for his own self interests, wherein most likely he would continue to enjoy abusing his discretionary authority by employing whatever unethical strategies are available, which would probably be the proven successful tactic of compromising my attorney, and a perhaps biased federal judge would preside over the proceedings. If I had not been illegally raped of everything, including the joy and custody of my children it would be truly humorous when coming to the hopeless realization that to achieve justice this absurd scenario is one of my last “opportunities”. And the prospect of a new trial here in Connecticut regarding the subject case having many similar characteristics would appear to be just as futile.

In sum total the argument being made is this very scandalous state of judicial affairs here in UTC’s state of “Corrupt-i-Cut” is exactly why this appeal so critical to the beleaguered life of the caring and devoted, disabled and depressed plaintiff father who was almost successfully provoked into committing suicide by this defense contractor while merely trying to protect and care for his children. And the overwhelming factual meritorious evidence cited in the subject motion to reopen and set aside the judgment that the defendant cannot refute whatsoever is clear justification to be granted the relief sought.

Conclusion and precise relief sought

The defendant through its own unethical and illegal conspiracy to obstruct justice with at least attorney Gardner has quite effectively completely eliminated any possibility whatsoever of the plaintiff ever receiving a fair trial concerning these matters. This is primarily because, but certainly not limited to, the fact that so many key witnesses of the heinous story, in particular the two primary players Mr. Grout and P&WA Dr. Poliner were never deposed or even compelled by attorney Gardner to make the fundamental requirement of testifying during the CHRO investigation nine long years ago.

Therefore, the plaintiff is requesting/moving that this court set aside the judgment and impose against the defendant and award to him the monetary sanctions that he would have made a subsequent motion for Judge EBB to place against P&WA/UTC if and when she had appropriately acted per at least the federal rules of civil procedures # 11 that are quote; “sufficient enough to deter repetition of such conduct or comparable conduct by others who are similarly situated”.

The plaintiff respectfully asks this court to recognize the gravity of this appeal and the fact that this cruel story in its entirety does entail the illegal theft of 28 of the best and most productive years of my life. In particular, the 19 long years of my precious youth that I spent diligently developing those P&WA military aircraft engines I see flying for “truth, justice, and the American way”; the same exact valuable privileges that the Elliot family formerly of Hebron, CT. has been illegally raped. And then the subsequent extremely stressful suicidal odyssey I have endured fighting for my “rights”, suffering countless adverse consequences thereof. I am almost 50 years old with nothing left and my fate is literally in the hands of this court. The plaintiff adamantly believes that no American family should ever be subjected to this sort of crime and true living hell.

The plaintiff has attached the defendant parent corporation UTC’s financial figures obtained from their own website. (A20) As the court will note, UTC is an enormous federally subsidized defense contractor with a market capitalization is $60 billion dollars, enjoying annual gross revenues of $42 billion with a net cash flow of $3 billion. And if there is any doubt whatsoever, the plaintiff does have more evidence indicating that P&WA/UTC were both knowingly involved with DB&H in this convoluted conspiracy to obstruct justice which is available to this court upon request.

The plaintiff contends that if he had been honestly represented by a trustworthy attorney this case would have been over and/or settled in his favor no later than the year 2000. And the plaintiff is convinced that if a jury of his peers had heard the truly heinous malicious intent of Grout attempting to provoke me into committing suicide over my child care issues, they would have awarded the plaintiff his full professionally calculated front and back pay compensatory damages of approximately $2.5 million dollars (A21-A29) and at least matching punitive damages totally $5 million dollars.

The plaintiff also firmly believes that a jury of his peers would certainly award him quadruple those damages, if they were to hear the whole story in its cruel entirety that would include this blatant conspiracy to deny me justice between UTC and their own state and federal officials. I believe a jury would be appalled to correctly believe that these same governmental officials, of course blatantly abusing their discretionary authority, would have no qualms whatsoever about conspiring to destroy their family also. Therefore the plaintiff makes his sum certain claimed of a least $20 million dollars. The plaintiff also respectfully implores that this court prevent UTC from having any recourse whatsoever from these monetary sanctions imposed so as to please put and end to this sickening nightmare once and for all that the defendant has made of my life.

Although, the plaintiff will respectfully leave it up to the sound judgment of this court to determine if this amount of money would actually be “sufficient enough” to deter an absolutely ruthless defense contractor/corporation like UTC from repeating such heinous illegal behavior and acting with such reckless indifference in complete disregard of the law. The plaintiff honestly believes that UTC could consider his sum certain claimed as trivial and would therefore walk away from this illegal situation unaffected to maliciously destroy another innocent family. After nine long brutal suicidal years the plaintiff is now left trusting in the impeccable integrity of this court to rightfully acknowledge this extreme injustice and the grave wisdom of imposing appropriate sanctions that the plaintiff solemnly feels must be placed against the defendant.


Respectfully submitted by the plaintiff,

___________________________
Mr. Andrew R. Elliot












CERTIFICATION



This is to certify that the defendant already possesses all the referenced documents herein and a copy of the foregoing document was mailed, postage prepaid to the following counsel of record on this 1st day of June 2006 to;



Day, Berry & Howard City Place I
185 Asylum avenue Hartford, CT. 06103-3499 Attn; Mr. Albert Zakarian

7004 2890 0000 7370 5981
return receipt#



____________________________
Mr. Andrew R. Elliot




c.c. United Technologies Corporation (UTC) 7003 2260 0004 2600 2022
One Financial Plaza return receipt #
Hartford, CT. 06103
Attn; CEO Mr. George David

c.c. Connecticut Governor Mrs. Jodi Rell 7003 2260 0004 2600 2039
State Capitol return receipt #
210 Capitol Avenue
Hartford, CT. 06106