The corrupt Kevin J. O'Connor

2008-09-26T15:38:00.001-07:00

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.

2006-07-05T14:02:00.000-07:00

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.

2006-06-28T07:41:00.000-07:00

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

2006-03-03T06:51:00.000-08:00

The following document is my motion to reopen and set aside the judgment that describes this subject vicious case of employment discrimination in complete violation of my rights under the ADA, CFEPA, and FMLA wherein the documented facts at the CCHRO clearly suggest that my sick former supervisor at P&WA/UTC Grout was intentionally attempting to provoke me into committing suicide over my child care issues. In addition, this document describes a blatant act of obstruction of justice, in which the law firm of Day, Berry, and Howard (DB&H) completely defrauded the honorable senior federal Judge Ellen Bree Burns while conspiring with my former attorneys Gardner and Ellis attempting to suppress this heinous story.

And as a partner and insider at DB&H when in fact this act of obstruction of justice was committed in both federal district court and the 2nd circuit court of appeals, I firmly believe that Mr. Kevin J. O’Connor is aware of absolutely every fact I cited in these motions.

From; Mr. Andrew R. Elliot, pro-se litigant February 9, 2006
PO Box 477
Manchester, Ct. 06045
(860) 478-0683

To; The Honorable Judge Ellen Bree Burns _______________________
United States District Court received by and recorded as District of Connecticut docket sheet entry #_______
141 Church Street
New Haven, CT 06510

Regarding; 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

1. Motion to reopen Civil Action 3:99 1290 EBB
2. Motion requesting relief from the Honorable Senior Federal Judge Ellen Bree Burns under her own trustworthy initiative to set aside the extremely unjust judgment dated August 30, 2001 regarding CV 3:99 1290 EBB at the very least under the federal rules of civil procedures 9, 11, 59, 60, 61, and 73 considering the numerous exceptional circumstances in particular the blatant fraud committed against her and the court during the subject proceedings rendering the judgment null and void.
3. Motion for permission to file this document that is 59 pages over the extremely restrictive 40 page limitation

The plaintiff Andrew R. Elliot (hereinafter the plaintiff, I, or me) in consideration of the substantial meritorious factually supported reasons and evidence cited in this motion requests that the Honorable Judge Ellen Bree Burns (hereinafter respectfully referred to as “Judge EBB”) on her own trustworthy initiative reopen, reconsider, set aside, and grant the plaintiff relief from the extremely unjust verdict handed down in consideration of the blatant fraud intentionally committed primarily against Judge EBB during the subject proceedings that the plaintiff contends rendered the subject verdict and judgment null and void

The plaintiff, first and foremost respectfully requests and believes it is essential that Judge EBB herself personally review this motion since she was the person intentionally defrauded and would be most familiar with the case. The plaintiff will factually prove to Judge EBB and the court in this motion for reconsideration with the overwhelming meritorious factual evidence he presents which was recorded in the trial transcripts no less, that the plaintiffs former attorneys Barbara E. Gardner (hereinafter “Gardner”) and Christine M. Ellis (hereinafter “Ellis”) intentionally misrepresented the plaintiffs entire case to Judge EBB, 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 August 2001 during subject federal trial.

In addition, the plaintiff will factually demonstrate that Gardner and Ellis intentionally concealed considerable key evidence and witnesses during the trial. Therefore plaintiff presents 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 whatsoever, consequently rendering the judgment null and void. The plaintiff also presents in this motion to Judge EBB the irrefutable factual evidence he has concerning the considerable exceptional circumstances of this illegal situation, some of which will specifically address any possible timeliness issues.

Therefore upon factually proving to Judge EBB that she was the person primarily intentionally defrauded, the plaintiff will seek relief from her under her own trustworthy initiative of the extremely unjust verdict rendered by the also intentionally deceived jury and the resultant void judgment issued on August 30, 2001 (A1) at the very least under the federal rules of civil procedures 9, 11, 59, 60, 61, and 73. The plaintiff believes that as cited in CV 3:03 1620 (MRK) Collazo vs. Sikorsky (A2-A7) this court has reacquired jurisdiction of plaintiff’s case for this motion for relief of judgment under rules 9, 11, 59, 60, 61, and 73 since the 2nd circuit court has issued their mandate and dismissed plaintiff’s appeal on 9/9/02 (A8-A10).

And the plaintiff does not detect any statute of limitations whatsoever at the very least under the federal rules of civil procedures 60 (B) (4) (5) regarding a judgment that has been rendered void for any other reason justifying relief from the operation of a judgment specifically under federal rule 60 (B) (6). In addition, as cited in 3:03 1620 MRK the plaintiff notes and respectfully requests appropriate consideration for this motion “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”.

The plaintiff in full recognition that the standard for a being granted a motion for reconsideration is strict under the federal rules of civil procedures 9, 11, 59, 60, 61, 73 and should not be taken lightly, contends that in acknowledgment of the significant facts that were intentionally suppressed and the quite exceptional circumstances cited in this motion, it can be reasonably expected that the previous conclusion reached by the court would have been drastically altered clearly in the plaintiffs behalf. Therefore, these documented facts unmistakably indicate the considerable gravity of this illegal situation, specifically focusing upon the blatant intentional fraud committed primarily against Judge EBB and the substantial injustice imparted upon the plaintiff. In particular, the plaintiff respectfully asks the court to recognize the fact that this cruel and illegal story in its entirety does encompass the illegal theft of 28 of the best and most productive years of my life.

The substantial meritorious facts the plaintiff possesses and presents this day clearly suggests that the defendant United Technologies Corporation (hereinafter “UTC”), Pratt&Whitney Aircraft division (hereinafter “P&WA”) and their legal representatives, the law firm of Day, Berry and Howard (hereinafter “DB&H”) conspired with the plaintiffs former attorneys Gardner and Ellis so as to commit obstruction of justice (hereinafter “OOJ”) in federal district court August 2001 during this five day long jury trial. Consequently, this blatant conspiracy to obstruct justice created overwhelming harmful error that went to the very heart and integrity of the federal trial, resulting in a completely unjust decision in the defendant’s favor, therefore completely prejudicing plaintiff’s federally protected rights, all of which that has now illegally raped the plaintiff of everything he values in his life.

The plaintiff cites this act of OOJ as the first of many exceptional circumstances of this illegal situation that he contends is clearly a reason of the utmost validity to justify relief of the judgment at the very least under federal rules 60 (B) (4) (5) and (6) that consequently rendered the subject verdict and judgment null and void and as full validation to be granted these motions.

The 2nd exceptional circumstance the plaintiff cites is the numerous documented facts revealed during CHRO investigation #9840272 resulting in a reasonable cause determination in the plaintiff’s behalf (A11-A46), that were intentionally suppressed in writing with a motion in limine by Gardner and Ellis during the federal trial August 2001, which 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 (hereinafter “H&D”) at the defendants workplace 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 specifically the plaintiff does cite the significant truth of the matter, that at absolutely no time during the subject litigation did attorney Gardner make any issue whatsoever, that on April 28, 1997 Grout also did illegally deny the plaintiff his very last request made at P&WA which was for a fully unpaid leave of absence made under the state and federal FMLA law. (A47, CHRO A24, A40) The plaintiff had specifically requested this leave of absence so as to survive Grout’s vicious program of H&D, in which he had already been in complete violation of the ADA and CFEPA for at least the previous two years.

Moreover, the court never heard another significant fact documented at the CHRO. Specifically, that P&WA blatantly retaliated against me after I openly notified them on May 19, 1997 that I intended upon initiating more legal action regarding all of Grout’s illegal behavior, the most recent event being said denial of the FMLA. Specifically, while subsequently walking me out the door on May 22, 1997 P&WA intentionally attempted to provoke me into committing some act of workplace violence by presenting Grout onto the curb next to me, so as to create for themselves a “threat to safety defense” in effect over my child care issues. (CHRO A32-A33) The illegal denial of the FMLA and P&WA’s ensuing blatant retaliation on 5/22/97 are just two, of many significant key facts documented at the CHRO the plaintiff will cite that attorneys Gardner and Ellis intentionally did suppress that negatively affected the verdict for the plaintiff.

In particular, the 3rd quite exceptional circumstance of the case was that Grout testified in federal court that he did have extensive knowledge of psychology since he held at least one masters degree in human relations, (A48) coupled with the fact that for years he was known to literally stand on a chair and scream down upon his subordinates. (A49-A50) 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 Gardner and Ellis while conspiring with 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 in P&WA’s own internal medical records 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. First and foremost this would be achieved when retaining the premier law firm of DB&H and having their “top gun” Mr. Albert Zakarian assigned to my case as the lead attorney. And as I will factually demonstrate 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 these heinous facts.

And the 4th quite exceptional circumstance of this illegal situation that the plaintiff initially cites specifically addresses any possible timeliness issues among other directly related matters. This would entail the fact that the newly appointed in 2002 District of Connecticut U. S. Attorney Mr. Kevin J. O’Connor completely failed to act upon this criminal act of OOJ and blatant fraud committed against Judge EBB which was in complete violation of at least Title 18 of the USC federal code. Specifically, Mr. O’Connor acted unethically since he did not recuse himself from this scandalous situation and refer it to another unbiased U.S. Attorney. This was when I wrote a letter to Mr. O’Connor (and Judge EBB) concerning this fraudulent act of OOJ after attorney Gardner intentionally forfeited my case at the 2nd circuit court of appeals August 2002. My letter (A51-A56) was written approximately one year from the federal trial and was recorded in the docket sheet as entry #99 in federal court. (A57) Reference the letter and reply that Mr. O’Connor sent me on 12/10/2002 as most likely one of his first official acts soon after being appointed U.S. Attorney on November 22, 2002. (A58)

I am convinced without a doubt in my mind that Mr. O’Connor’s obvious motivation to ignore this 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. (A59) And what Mr. O’Connor quite successfully did was to strategically advise me to pursue this illegal activity as a simple case of legal malpractice committed by Gardner and Ellis. Therefore, he intentionally diverted me away from initially pursuing for at least two years the real, and very high profile culprits and criminals, specifically P&WA/UTC and their legal representatives his own law firm of DB&H.

And as I will factually demonstrate below with just a fraction of the meritorious evidence I now possess, this was definitely not a case of my lawyers merely being incompetent. Gardner and Ellis’ deliberate deceptive actions that transpired throughout the entire federal trial were absolutely not just “poor or flawed trial strategies” on their part. This was an unmistakable conspiracy to obstruct justice and intentionally defraud and blatantly lie to federal Judge EBB as she sat right there in her own federal court of law.

Mr. O’Conner’s relationship with DB&H commenced in 1997 at the exact same time I was illegally harassed out the door at P&WA/UTC and he was actively working at DB&H when this fraudulent act was committed against the honorable Judge EBB in federal court August 2001. Therefore, as a “rising star” at DB&H he may have been personally involved himself strategizing the whole time during the four brutal years that I endured leading up to the federal trial, while my family disintegrated and I dealt with continuous suicidal ideations waiting for a jury of my peers to hear the malicious intent of P&WA’s truly sick employee Mr. Grout.

The direct result of Mr. O’Connor’s highly unethical activity ignoring his duties as the U.S. Attorney was to thrust my life into complete chaos and upheaval, specifically a very bitter and painful, time consuming divorce battle with my now ex-wife that commenced in December 2002 immediately after the issuance of his12/10/02 letter to me. This resultant divorce, wherein interestingly my wife’s attorney’s primary argument was that supposedly I “squandered” the family’s assets pursuing the subject P&WA lawsuit, in which she successfully cleaned me out simply because I lost the subject federal trial that was exclusively due to the act of OOJ.

These events including this very unpleasant divorce, in which I had to simultaneously disposition my own family while living in a basement that clearly impeded my ability to effectively pursue my rights concerning the subject events has illegally raped me of everything. Including the ultimate loss for a caring and devoted father that is the joy and custody of my children, in addition my marriage and family, our home and land, most if not all of my friends and my entire financial security. The Elliot family formerly of Hebron, CT was literally robbed of the “American dream” by UTC which is the largest federally subsidized defense contractor in the state of Connecticut and the 51st largest corporation in the USA.

Moreover, the meritorious facts the plaintiff presents this day also clearly suggest the additional exceptional circumstances that P&WA/UTC may have conspired with DB&H so as to manipulate and compromise numerous officials of various local state and federal agencies to participate in this conspiracy to create, facilitate and suppress this blatant fraudulent act of OOJ against Judge EBB that has now transpired over the past nine miserable years.

This fraudulent act of OOJ committed primarily against the honorable Judge EBB that did happen in federal district court August 2001 was achieved in writing no less, and incorporated the following fully documented aspects undeniably recorded in the trial transcripts;

· 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. (A159-A214) 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. (A60-A62)

*This quite revealing 40 minute time frame that I will explore in depth at the end of this document, after first establishing the facts of the story, was specifically arranged by the co-conspirators exclusively to intentionally defraud Judge EBB, and is my primary evidence to support this motion to set aside the subject unjust verdict and void judgment.*

· And during those opening statements of counsel, Gardner and Ellis (and DB&H) filed numerous motions in limine “on my behalf”. (A62-A81) The primary intent of Gardner and Ellis’ motions was specifically to intentionally mislead and dupe Judge EBB. 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 Judge EBB 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” (A64-A67). The biting incident in which the whole heinous illegal story revolved around. And Gardner suppressed all the factual evidence documented during the CHRO investigation (A68-A70) that fully supported my case with a motion in limine among many other quite detrimental motions.

· Gardner and Ellis intentionally suppressed crucial evidence.
· Gardner and Ellis 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.

The following is a statement of the case and an excerpt of the heinous story of Grout’s H&D in relationship to the fraudulent act of OOJ committed against Judge EBB and the jury during the federal trial. Due to the extremely restrictive 40 page double space limitation of the local federal rules I can only present a fraction of the substantial meritorious evidence I possess as justification for these motions, despite the fact that I have added 59 pages. And I contend the considerable gravity of the subject matter I allege including the exceptional circumstances cited in this motion are reasons of the utmost validity themselves to justify these few extra pages.

I will primarily concentrate upon Gardner’s intentional suppression of key evidence that was exclusively to the defendants benefit provided by her motions in limine. In particular, I will focus upon Gardner’s two motions concerning the bite mark scar and the CHRO investigation facts and evidence.

A foreword concerning the fraud committed against Judge EBB during the federal trial. Attorneys Gardner and Ellis did not even call the primary players of the heinous story Mr. Grout or Dr. Mauer as our witnesses in chief for the trial. Therefore, they not only surrendered the strategic order of their appearance, but were also in the disadvantageous cross-examination position with both of these key witnesses. In fact, Gardner did not depose Grout prior to the trial, and she never even made the fundamental request that he testify during the CHRO investigations whatsoever, in which Gardner did attend in full as my paid representative.

I also contend that one of the preliminary and most obvious strategies for the trial was that Gardner simply allowed the proceedings to be delayed for four long years undoubtedly designed to dull the memories of all the witnesses - except me. And the co-conspirators did have my case moved out of Judge Janet Hall’s jurisdiction into the elderly Judge EBB’s. This was perhaps an intentionally strategy on their part thinking Judge EBB would be more easily deceived, and/or what I am specifically concerned with at this late date, that obviously Judge EBB will retire earlier and therefore maybe not be sitting on the bench to hear how she was defrauded.

Regardless of these facts, when this matter finally went to trial, the primary strategy employed by the co-conspirators was that the defendants were intentionally allowed by my own lawyers, to utilize the outcome of the shocking events which were the direct result of the defendants own illegal behavior, to the defendants advantage throughout the trial, therefore to give Judge EBB and the jury a totally false impression of my wife and I so as to destroy our case.

Consequently, that is exactly what happened and how I basically heard most of the vicious story of Grout’s illegal behavior during the trial. Although with me sitting and even testifying about the facts right there in federal court, without my realization whatsoever my case was completely misrepresented to Judge EBB and the jury.

Because it was in fact DB&H, not Gardner and Ellis that did inquire upon most, if not every one of the witnesses about the all domestic violence we experienced. First and foremost being the biting event that both my wife and I testified about when questioned by DB&H on cross-examination that consequently was successfully portrayed as if it supposedly had nothing to do with Grout’s illegal conduct, therefore giving Judge EBB and the jury that exact fraudulent allusion.

And as I noted we will explore at the end of this document in full, that this fraudulent allusion was evidently successfully placed into Judge EBB’s mind during the pre-trial “statements of counsel”. The indisputable evidence of which would be the declaration she made at the end of the discussion about the bite mark scar evidence in relationship to my emotional distress claims when Judge EBB stated that; “it can be inquired by the defendant into his stressors he was under at home, which would perhaps diminish what he was claiming about the workplace”. (A175)

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 MDI.

Attorney Gardner did little, if anything to establish my impeccable technical competence concerning this extremely important issue. Therefore, jury during the federal trial was intentionally misled away from this highly relevant fact. Specifically, the very important issue if I was “capable of performing the essentials functions of my job” which is a foremost requirement cited under ADA law. These extremely “safety sensitive” FAA type certificates that P&WA would absolutely never jeopardize the integrity of, without a doubt fully document my complete competence performing my job in D-955. All Gardner had to do was subpoena these FAA documents and that would have indisputably put this issue to rest. In fact, Gardner could have simply introduced into evidence the CHRO investigators determination that my “overall performance of my duties was satisfactory”. (CHRO A17)

Instead, attorney Gardner offered little if no resistance to even avert DB&H’s “Defendants motion in limine to prohibit testimony by plaintiff’s co-workers as to their opinions of plaintiff’s work assignments, job performance etc. (A76-A77) Consequently, my fellow ex-employees were prevented from truthfully testifying about my superior technical competence performing my job.

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. (A82) 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. (A83) 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.

These important facts were never fully disclosed and properly presented to Judge EBB and the jury during the federal trial. In fact, Gardner and Ellis made it falsely appear as though P&WA had not violated the labor contract at all. And regarding the fraud committed against the court, Gardner and Ellis did not subpoena any IAM representatives whatsoever to testify concerning all these important issues, so as to reveal that in reality Grout had completely violated both the law and the labor agreement, and moreover indicate that the IAM union had totally abandoned me.

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 others in D-955 suffered from MDI. Although, I am positive 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.

Reference the entry in my P&WA medical file dated 3/12/96 that was made when I was subsequently out of work clinically depressed in 1996 noting an “option of a 2nd shift job”. (A94) 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. Therefore, this 2nd shift “option” was absolutely not Grout or anyone at P&WA for that matter attempting to enter into the interactive process whatsoever.

Consequently, the entire heinous suicidal story did 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.

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 (A86).

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. (A84-A101) 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.

I believe that Gardner and Ellis should have analytically walked all the witnesses through this key document with the jury, relative to the shocking results of Grout’s heinous H&R that the jury did hear in full. They simply did not do that during the trial.

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 the 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, this revolting discriminatory job is exactly what had illegally provoked me to say the “N” word in the privacy of foreman Williams’s office, that was actually an accurate portrayal this putrid assignment. In fact, attorney Gardner had a document that I had retrieved 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.

Attorney Gardner totally suppressed this important document during the trial, and moreover since she had strategically avoided establishing my technical competence, Judge EBB and the jury did not realize whatsoever that this was actually a highly discriminatory work assignment that due to basic common sense, any number of much less qualified employees should have been performing. Moreover, Gardner simply allowed DB&H to successfully claim during the trial that this “racial slur” was purportedly even a primary example of my “unacceptable behavior” that supposedly justified my termination. Please note, that I am certainly not a bigot and the unmistakable proof of this fact, which Judge EBB and the jury did witness during the trial is that my now ex-wife Helena and our precious children Andy and Amber are of African-American- Indian descent.

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 significant 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 (A90) and the other Dr. Kathleen Mauer on 12/18/95 (A91).

* 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 the court will please note the key fact that this request was primarily due to our complete lack of child care (A85).

Please note that this key document, the accommodation request, was carbon copied and also sent to P&WA Chief Medical Director Dr. Jay Poliner and was part of my P&WA medical file. Although regardless of Dr. Poliner’s supposed involvement in the illegal situation, Grout was my cognizant supervisor exclusively responsible for granting accommodation requests - period. In reality, Dr. Poliner had absolutely nothing to do with granting accommodation requests, in particular ones involving mental health - period.

And concerning the fraud committed against the court, despite the fact that Gardner and Ellis would continuously allow Grout throughout his testimony in federal court to erroneously refer to Dr. Poliners supposed active involvement in my near fatal situation, and moreover that he was the person specifically in charge of the East Hartford P&WA medical department and his name, signature, and handwriting is literally all over my P&WA medical file (A84-A101), P&WA Dr. Jay Poliner was not subpoenaed by Gardner to testify during the federal trial whatsoever, and in fact he was never even deposed! Furthermore, attorney Gardner did not make the fundamental request that Dr. Poliner testify during the CHRO investigation either.

Instead, and concerning the fraud committed against the court, Gardner deposed and subpoenaed the largely irrelevant person P&WA Dr. Suski to testify during the federal trial. And this was simply because in lieu of Dr. Poliner, Dr. Suski was the person errantly called by the CHRO investigator to testify (A20, A21), therefore avoiding some of the most important issues that should have been in question during that investigation. And the primary matter not explored in depth during the CHRO investigation was the basic issue of Grout ignoring his sole responsibility in relationship to the accommodation request and his illegal denial thereof. And I attribute that mainly due to Gardner not demanding that Grout testifying during the CHRO investigation about that exact issue and all the other directly related events that did follow.

In fact, P&WA Dr. Suski did not even work in their East Hartford medical department, but rather in the Middletown, CT. facility. And I now realize that DB&H strategically got Dr. Suski involved and talking to my Dr. Kelleher in the summer of 1997 long after all of Grout’s heinous H&D had transpired and P&WA’s failed attempt to provoke me to violence while walking me out the door on May 22, 1997. And this was obviously designed to divert attention away from their primary representative in the East Hartford medical department Dr. Poliner that was all clearly arranged to be in P&WA’s advantage not only during the CHRO investigation, but eventually during the flawed federal trial.

And I myself never realized whatsoever the significance Dr. Poliner would play until after the trial was over, with all the erroneous referral to his supposed involvement. This was simply because for me and in reality, Dr. Poliner was so far removed from the events when they happened between the years 1994-1997. The person at the East Hartford P&WA medical facility in which the limelight always focused upon, because she was the person I had the most noteworthy personal interaction with was Dr. Mauer, who in fact was not even a P&WA employee.

Regardless, as the CHRO investigator accurately noted, at a minimum P&WA had an obligation to have an independent psychiatric expert examine me prior to my illegal termination. (CHRO A22) This was because P&WA’s Dr. Poliner, Dr. Suski and the independent contractor Dr. Mauer were all simply general practitioners and therefore in truth their opinions about my mental health and status were all basically irrelevant. (CHRO A21)

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 EBB and the jury away from during the federal trial, that I empathetically emphasize to the court for this motion, 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 (or in FMLA language my serious health concern (SHC), 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.

And of specific note concerning Dr. Kelleher’s request for the accommodation, during Gardner’s very cursory direct examination of me, she had the jury look at this all important document identified as exhibit 7 and then simply stated that; “it’s self explanatory” (A102-A104).

That was completely false. I firmly believe without a doubt in my mind, that Judge EBB and the jury positively needed a full in-depth explanation right then and there, from the very beginning of the trial, and in fact it was imperative that the jury be reminded throughout the proceedings with the appropriate line of questioning of all the witnesses about the very important correlation between my depressed and often times suicidal state of mind, relative to my child care issues and Dr. Kelleher’s accommodation request.

Instead, Gardner and Ellis basically totally avoided this key relationship throughout the trial. This all important and most vital issue which the trial was supposed to focus upon, that Gardner should have gone in great detail with all the witnesses, but simply did not. Gardner spent with me what constitutes less than three pages of transcript text in effect totally suppressing this key fact, consequently clearly misleading Judge EBB and the jury away from the real truth of Grout’s unmatched malicious intent.

Moreover, if Gardner and Ellis were genuinely trying to tell the story, they would have not only conveyed the real safety dilemma I was personally having with prospect of leaving my 4-8 year old children home alone between the years 1994-1997, but in fact the legal one. Because I was of the firm opinion that in this day and age, if my children were to have a serious accident while left completely unattended for an extended period of time, not only could we be held legally accountable for child neglect, but in addition the state DCF could have then possibly taken them out of our home. Instead, Ellis allowed Grout to completely downplay this real risk and simply let him refer to the 1950-60’s when it was not uncommon, and he apparently left his children home alone in a “latch key” situation.

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”. (A94)

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. Moreover during the trial, attorney Ellis totally avoided asking Dr. Kelleher, and more importantly Grout, the real reason why this note had been written, which was exclusively because of Dr. Kelleher’s shock and concern over the biting incident and the enormous emotional stress that my entire family was experiencing.

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! (A94).

Gardner knew all about this ominous looming termination threat that Dr. Kelleher was given by Grout, yet as we will see she did not have Ellis fully question Grout about the true implications of this threat in federal court. 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” (A95).

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!

I cannot possibly go through all the fascinating details in this motion that I do have prepared about exactly how Gardner and Ellis would actually allow DB&H to successfully use the fact that Grout had almost intentionally driven me to commit suicide against me in federal court.

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 (A105).

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. But during the trial, Grout was not properly questioned about the true implications of this cruel discipline of his whatsoever 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 please note that 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” (A97).

On the same page of this medical record, the court will please note that 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 and that 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 the court will also please make the significant note that 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 H&D that Grout had subjected me to, in particular the fact that he had almost driven me to commit suicide on 5/16/96. Yet again, on an extremely cursory 5 minute cross-examination, Gardner simply did not question this key witness Dr. Mauer in full about her central role in the story and full knowledge of my near fatal situation.

Two short weeks after my near suicide on 5/16/96 when 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 (Eels CHRO testimony (A40).

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 (CHRO A24). 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, which Gardner would also intentionally allow DB&H in a convoluted fashion to successfully use against me in federal court. 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 was undoubtedly confirmed during the CHRO investigation, where it was fully documented that this accusation was most likely fabricated. (A18, A21) 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. (Farrelly CHRO A27-A30) And concerning the fraud committed against the court, Gardner did not subpoena Mr. Farrelly to testify during the trial whatsoever.

In addition, Eels truthfully testified during the CHRO investigation that he had performed his own investigation into the matter in 1996. (CHRO A30) Therefore, Eels also clearly knew Miss Bruss had not been offended in any way whatsoever.

And of the utmost importance, according to Farrelly and Eels, not only did Grout attend Eels investigation into this matter; Grout had even personally talked to Miss Bruss. Consequently, Grout clearly knew Miss Bruss was not offended whatsoever, prior to him falsely accusing me of harassing her. (CHRO A18, A21, and Eels trial testimony/transcripts A106-A109)

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.

And Gardner or Ellis did not ask either Eels, or more importantly Grout during the federal trial whatsoever about the documented fact of the matter at the CHRO that I had shown Eels the bite mark scar prior to Grout’s bogus sexual harassment accusation, and that they both were fully aware that I had not sexually harassed anyone.

Therefore, Judge EBB and 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.

And despite the fact that Gardner had attended all of the CHRO investigation hearings, not only did she avoid subpoenaing Mr. Farrelly, she made absolutely no issue whatsoever during the federal trial when DB&H led both Eels on cross-examination (A106-A109) and Grout on direct (A110-A111) to completely perjure themselves testifying that supposedly Miss Bruss had been offended. Moreover, Gardner herself on her redirect of Eels instead of utilizing the CHRO investigation to indicate that Eels had just perjured himself in federal court, when he falsely testified that Miss Bruss had supposedly been offended, Gardner would in fact lead Eels to perjury himself again about this complete lie to the defendants full advantage (A112).

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 EBB and moreover the most likely intentionally loaded jury, that was comprised of a majority six out of the nine people who were also female (A113).

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 principle representative of the IAM union.

Gardner did absolutely nothing to indicate the very close relationship Grout had with Stone. And concerning the fraud committed against the court, Gardner did not subpoena Stone to testify during the federal trail whatsoever. Moreover, she did not request that he testify at the CHRO investigation and in fact he was never even deposed.

Consequently, I immediately hired my first employment lawyer, Mr. Anthony J. Palermino. (CHRO A25) 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 still on the 1st shift. Reference Mr. Palermino’s retainer agreement and related documents (A114-A118).

Judge EBB and the jury heard basically nothing at all about Palermino’s key role regarding my return to work in July 1996. And concerning the fraud committed against the court, Gardner did not subpoena Palermino to testify during the federal trail whatsoever. Moreover, she did not request that he testify at the CHRO investigation and in fact he was never even deposed.

And I now realize that was obviously because P&WA/UTC eventually compromised attorney Palermino also, since he completely abandoned me in 1997 after my final termination from P&WA. Moreover, and here again Gardner erroneously made it appear to Judge EEB and the jury that my IAM union of 19 years had supposedly faithfully represented me and was solely responsible for my return to work in 1996. Nothing could have been farther from the truth.

After the sexual harassment accusation, Grout had Dr. Poliner call Dr. Kelleher and they would discuss my situation in some fashion. The beginning of the split entry in my P&WA medical file regarding this phone call on 6/6/96 was actually inadvertently recorded out of order by the personnel at P&WA medical that starts on (A96) and the continuation is a page later (A98). All Dr. Poliner recorded was that I; “did not have a new medical problem that would result in behavioral changes, and that Mr. Elliot could be held accountable for his behavior at work”.

Of course there was a whole lot more that these two doctors could have, and most likely did discuss at that juncture. Specifically, Grout’s ongoing illegal denial of the accommodation that had resulted in the biting incident nearly provoking me to commit suicide on 5/16/96, which is obviously what Dr. Kelleher had wanted to discuss in person on 5/20/96 with Dr. Poliner just two weeks prior to this phone call.

Unfortunately, what these two doctors briefly discussed this one and only time after Grout’s most vicious H&D had already transpired, has never been fully inquired upon by anyone at anytime. But it clearly did not result in P&WA complying with ADA law whatsoever, in particular what I truly needed; for Grout to grant me the accommodation.

And concerning this all important issue, during the trial, Ellis never pinned Grout down and simply did not question him about the absolutely basic fact of the story that he had completely ignored his exclusive legal responsibilities regarding the accommodation request, and moreover the real truth that all of domestic violence was a direct result thereof, by intentionally allowing him to erroneously refer to P&WA’s Dr. Poliner’s supposed involvement in my near fatal situation.

Specifically, during the trial Gardner and Ellis led, and allowed DB&H to lead Grout to completely avoid the important issue that he had totally disregarded his exclusive legal responsibility concerning the accommodation request, by permitting him to simply make the ridiculous statement at least 5 times that “I’m not a doctor” when referring to Dr. Kelleher’s letter. (A119, A123, A132, A133, and A134)

Moreover, instead of challenging that completely irrelevant conclusion, Ellis did in fact support it as part of another misleading question by asking Grout; “And you testified that although you’re not a doctor……” (A119) Again Dr. Kelleher’s request was a very specific recommendation to Grout to fulfill his legal responsibilities to transfer me back to 3rd shift in direct relationship to my childcare issues, based upon Dr. Kelleher’s professional medical opinion as a psychiatric specialist. It was clearly not asking Grout for his medical opinion concerning my disability/disorder or whether he was a doctor.

In fact, at the end of Ellis’ very cursory questions to Grout concerning Dr. Kelleher’s request for the accommodation, she would again fully support Grout when he blatantly perjured himself, this time to the most critical erroneous conclusion of the flawed federal trial, when she responded “that’s right” after Grout had falsely testified that; “I didn’t believe it belonged to me because I couldn’t make that decision, but it had nothing to do with accommodating Andy”! (A121)

Therefore, Gardner and Ellis themselves fully supported DB&H to falsely lead Judge EBB the jury throughout the whole trial, to the misguided conclusion that the accommodation request was supposedly a medically related issue only. Nothing could have been farther from the truth.

And in conjunction with that false conclusion the co-conspirators constantly diverted attention throughout the trial to my maintenance medication levels and compliance thereof that in reality was also another complete non-issue. (A121)

No amount of medication in the world would have had the beneficial psychological effects that the shift change accommodation would have provided me in relationship to our child care issues, the lack of which was resulting in the domestic violence and my depressed and often time’s suicidal state of mind. Again these key focal issues that Gardner and Ellis simply did not vigorously stress during the trial by properly questioning all the witnesses in depth, especially Grout.

In particular, concerning my near suicide on 5/16/96 Ellis asked Grout an obvious leading question that was completely erroneous when asking him; “So it was for a medical reason that he left work that day?!!! (A125) And Grout perjured himself again when replying, actually missing her leading question testifying that; “I don’t know if it was a medical reason that he left”. (A126)

In fact, Ellis even trivialized this key event by asking Grout another misleading and deceptive question, specifically; “Now, when Mr. Elliot returned from the medical leave he had to go back out with severe depression a few days later, didn’t he”. And Ellis merely allowed Grout to completely perjure himself again, not once but twice by testifying that supposedly; “I don’t know” (A126).

And then Ellis asked Grout to try and look at just one, of the many focal and quite telling entries in my P&WA medical file, specifically the one dated 5/20/96 after I had almost committed suicide. And Ellis did read this entry verbatim for me/all to hear in open court when the author had noted that I was; “OOW (out of work) 5/16/96 … Didn’t feel so good so stayed OOW…..Dr. Kelleher requests to see Dr. Poliner” (A126)

But Grout simply claimed from the witness stand, that he supposedly could not locate in the P&WA medical file exactly from where Ellis had just quoted this significant written entry. Consequently Ellis then simply dropped her valid question and the vital fact that Grout knew in writing no less, that on 5/16/96 I had almost blown my brains out, and Dr. Kelleher had even requested a personal visit with Dr. Poliner!

Instead, Ellis simply asked a whole different ridiculous question, again trivializing this key event. Specifically Ellis asked Grout; “Let me ask another question. Did the fact that Mr. Elliot was sick again so soon after returning cause you to consider whether or not the company should talk to Dr. Kelleher to determine whether there was something they could be doing to help Mr. Elliot with his performance”. (A127).

Ellis did not once, come out and even use the pertinent inflammatory word suicide when questioning Grout to accurately describe this all important event, while in effect avoiding the real truth of his malicious intent.

Then Ellis would merely skim the events of 6/6/96 with Grout concerning his false sexual harassment accusation and only ask him the results of his handy-work, wherein he had completely humored himself by personally witnessing me in his office totally distraught in the suicidal tears. And Grout clearly did perjure himself again, when Ellis asked if I had been in tears and about my foreman Durant’s presence during this meeting. Because Durant, as my cognizant foreman was the specific person that Grout himself even admitted in federal court would have been the person to have escorted me to his office for this cruel staged event. (A127) And all the four of them, including Manley, had clearly witnessed me completely embarrassed and in tears on the suicidal edge. In addition, Ellis absolutely never asked Grout about Mr. Palermino’s threat of legal action, in which he also blatantly perjured himself testifying that I returned to work exclusively due to a union grievance. (A131) Nothing could have been farther from the truth.

In general, this was Ellis’ entire cross-examination of the “decision maker” who in fact was the real culprit of the story, concerning the most important time frame of Grout’s vicious H&D from when Dr. Kelleher first wrote his request on 1/25/96 through 6/6/96. These key callous events that the federal trial was supposed to focus upon, that in reality was strategically completely avoided by Gardner and Ellis to the defendants full advantage, all of which is recorded within a mere 13 pages of court transcript text. Please review Vol. 5 pages 38-50 (A119-A131)

Although the court will please make the significant note, that when Grout was making the irrelevant statement that “I’m not a doctor” he did indeed honestly testify that he clearly knew what my core problem was all along during the events between the years 1994-1997.

Specifically, that demented bastard Grout openly testified on direct that; “There were child – the childcare thing. That’s all I knew about”….. “He asked to go on the other shifts because of childcare problems….. that was his problem”. (A123, A134)

Gardner and Ellis simply made no attempt whatsoever to truthfully tie Grout’s full knowledge of my lack of childcare, relative to the legalities of the accommodation request and my suicidal state of mind. Moreover, how Grout had intentionally utilized his reliable knowledge of my Achilles heel to incite absolutely all of my “unacceptable behavior” through his heinous program of H&D.

And of most significance, Grout simply did not get questioned about the true implications of all these entries in my P&WA medical file, recorded by the various P&WA medical personnel that he himself during the trial claimed to be conferring with, therefore indicating his full knowledge of the entire factual story of domestic violence narrated above, that both my wife and I did truthfully convey during the trial. (Our entire testimony and recollection of all these events that Judge EBB did hear in full is available upon request.)

And as previously noted during the pre-trial statements of counsel to use the honorable Judge EBB’s own words, our testimony wherein we did tell this “sordid” sounding story was in fact; “inquired by the defendant to (quite successfully) diminish what I was claiming about the workplace” again during our cross-examinations that was elicited by DB&H.

Therefore, since Grout was not properly questioned, Judge EBB and the jury never realized that all the shocking domestic violence, commencing with the biting incident was the direct result of the denial of the accommodation, and more to the point, that it was in fact this sick little man Grout, sitting right in front of them in federal court who was exclusively responsible.

These were the cruel ramifications of Grout’s malicious intent and reckless indifference that I waited 4 years for a jury of my peers to hear. Instead, my own lawyers intentionally suppressed all these key facts documented at the CHRO that allowed P&WA to walk out of federal court unscathed.

In fact, since Grout clearly knew as the primary player he had blatantly perjured himself and was knowingly involved of the act of OOJ being committed right there in federal court, he was literally laughing out loud at the honorable Judge EBB and the entire judicial system, when he stepped out of the witness stand, while joking about the obviously ripped rubber plug exhibit utilized for the diversionary X-808 engine issue, that he most likely dropped on purpose so as to simply create a reason for his jest. (A135)

In the waning days of my employment at P&WA in the spring 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 Grout’s heinous program of intentional H&D that caused all of these horrific events in our home - period. And nine long years down the suicidal road, unbeknownst to her, I still do continue to fight this brutal battle to hopefully restore her financial security despite our bitter contested divorced, in which I suffered a double jeopardy since she was awarded most everything - including full custody of our children.

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 (CHRO A24, A40, and A47). 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 stating that;

“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, since my testimony went unchallenged, 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. (CHRO A32-A33) 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”. (CHRO A20) 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” (CHRO A19, A25).

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 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. (CHRO A32-A33) 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 (CHRO A20, A32-A33). 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, Mr. Grout was not asked one question about this key event by attorney Ellis during her cross-examination of him whatsoever. 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. Instead, 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 (CHRO A20). 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. (CHRO A19-A21)

In fact, on her extremely cursory five minute cross-examination of this key witness Dr. Mauer, Gardner totally ignored asking her about Grout’s vicious program of H&R that she was keenly aware I was being subjected to, the proof of which was documented in her own handwriting in my P&WA medical file (A84-A101). Gardner simply had Dr. Mauer reiterate again, her testimony elicited by DB&H on their direct examination, about her over reaction to my statement made on 5/19/97, and that supposedly she had felt “frightened and threatened” by me (A136-A139).

And so ended the testimony phase of the trial, in which the jury was sent to their deliberations on that extremely damaging and quite false notion, immediately after the illusionary story was firmly entrenched one last time in their minds during the conspiring attorneys closing statements.

And again, 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 EBB 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.

In fact, the CHRO investigator did specifically attempt to inquire about the FMLA request, since I had noted this significant detail prior to retaining Gardner. And a clear indication of the act of OOJ going as far back as 1998 was made during my CHRO testimony, when you read Gardner misleading the investigator and suppressing this highly pertinent information. (A40)

And concerning the most glaring and conspicuous of all the events that happened on May 22, 1997 regarding the quite telling three day time lapse when P&WA and their lawyers finally decided to retaliate against me, which was another absolutely crucial part of the story. At the CHRO investigation with Gardner in full witness and attendance, the investigator did make special note of this event and the 72 hour delay. (CHRO A20)

Moreover, Eels even admitted to the CHRO investigator that he actually received the call from P&WA medical (one Dee Kaperzaken) “a day or two later”. (Eels CHRO testimony is recorded on audio tape which is available upon request.) And since this was true, P&WA/UTC knowingly did let me, this supposed “threat to workplace violence” to simply stroll around the shop floor for at least 2-3 full days!

Although regardless of his CHRO testimony, DB&H’s own lawyer Zakarian on his cross-examination of Eels asked him when he first learned of this incident, in which Eels did truthfully testify in federal court that; “It was approximately May 20th or 21st”. (A140-A141) And despite the fact Eels even fully admitted right there in federal court that P&WA did let me walk around the shop floor for at least 2 full days before taking any action, not only did Gardner disregard this truthful admission, she would herself lead Eels away from the truth about the critical timing of the events in May 1997 to perjury himself twice on her redirect of him.

Specifically, the first time Gardner led Eels on redirect she asked him; “Now, when you got this call from Dee Kasperzak, and it was a few days later?” In which Eels first perjured himself by stating; “yes”. And a moment later, Gardner probed Eels again asking him; “When was the first time that you heard from Mrs. Kasperzak”? And Eels would again truthfully testify by responding that; “It was a day or so after the 19th”.

But no matter how hard he tried, Gardner would simple not allow Eels to honestly testify about this critical timing. Because she then immediately led Eels again, by asking him; “Isn’t it true that it was on the 22nd?” And the entirely manipulated puppet Eels did follow along with the charade and perjured himself again by stating that; “It might have been the 22nd; it might have been the 21st”! (A142-A143)

This was absolutely not true, and Gardner was clearly acting in the defendant’s behalf to maintain their blatant lie about the three day delay. And of most importance, to suppress the real truth that P&WA clearly retaliated against me by trying to provoke me to violence on 5/22/97, after I explicitly warned them of my intentions of having Palermino commence legal action.

I believe another quite effective enhancement of the erroneous illusion that I was supposedly “capable of workplace violence” and our purported “sordid” marriage was successfully achieved during DB&H’s very extensive cross-examination of Dr. Kelleher that is documented in approximately 47 pages of transcript text, which in effect went unchallenged by Gardner and Ellis. (Vol. 2 p.196-207 and Vol.3 p.3-39 that is available upon request)

This testimony started off with DB&H’s Zakarian firmly entrenching in the jury’s minds while questioning Dr. Kelleher that I was purportedly off the wall suicidal (the true reason why simply not being explained) and perhaps the only person running around Connecticut with a handgun in my possession; and supposedly even reporting to work at P&WA with it in the trunk of my car.

Then Zakarian questioned Dr. Kelleher, and he truthfully testified that I had missed and was non-compliant with two, 20-minute medication management appointments with him in 1996. This of course was the exact time frame in question when my life was in total upheaval due to the illegal events at P&WA. After Zakarian had established that I had missed these two appointments with Dr. Kelleher, he then proceeded to have Dr. Kelleher state what symptoms a person with MDI might suffer if he or she were possibly non-compliant taking their medications. Dr. Kelleher then testified that a person with MDI who was non-compliant with their medications, might exhibit the following traits;

· Delusional thinking
· Paranoia
· Becoming violent
· Aggressive behavior
· Rage reaction
· Hyperactivity
· Psychotic behavior
· Manic behavior
· Inappropriate sexual acts

In general, I have never displayed any of this type of extremely bizarre and frightening sounding behavior. But here was my own psychiatrist telling the jury that someone with my disorder could possibly act this way if they were non-compliant with their medications. And during the trial, it was simply never definitively determined if I had been compliant with my medications. This was only because Gardner did not request that I return to the witness stand, and confirm that since I don’t like being depressed, I was always compliant with my medication. In addition, to ask me why I missed these very inconsequential and brief visits in question with Dr. Kelleher, in which I clearly do remember the reason for the first;

As a caring and devoted father after Grout’s sexual harassment accusation and my resultant first termination on 6/6/96, I did the only thing I could afford at the time to remove my children from the stress and violence happening at home; I packed them up and took them camping to Cape Cod.

And why did I miss the other appointment? As a caring and devoted father in late 1996, I went out into the real estate market and bought/leveraged to the hilt two income producing properties as a financial defense, since I was a 19 year probationary employee at P&WA and the writing was certainly on the wall. The exact closing dates on these two properties being 12/27/96 and 3/15/97. (A144-A145) Moreover, I believe that when cross-examining me, DB&H successfully did mislead Judge EBB and the jury to the erroneous conclusion that I only wanted the accommodation requested on 1/25/96 so as to personally manage these properties;

These two properties that I did not even own in early 1996, and that my tax returns clearly indicated the larger, more challenging ones were being maintained and managed by a professional management agent.

This particular strategy pursued by DB&H to defraud Judge EBB was truly a stroke of legal genius and cunning. Because I think that Judge EBB and the jury were successfully misled to believe that since I had missed those two simply appointments, then supposedly I was also non-compliant with my medication, and that non-compliance was resulting in me exhibiting the behavioral traits stated by Dr. Kelleher; the direct inference being in the workplace at P&WA. And this shrewd strategy was most likely successful because it was blatantly accommodated by my own attorneys Gardner and Ellis.

Another key fact confirmed at the CHRO regarding the only piece of concrete evidence which P&WA could possibly use against me that Gardner totally suppressed, concerned the failure of experimental engine X-808. The CHRO investigation determined that this event was in reality a weak excuse and lacked credibility for my termination, since I was not solely responsible and not one other person was disciplined in any fashion whatsoever (A17, A19, and A21).

The real truth about my involvement concerning incidents of human error like the failure of X-808, that did happen all the time in D-955 was quite significant. Because this event was absolutely the only example DB&H could possibly have jury look at to make the very important determination if I was “capable of performing the essential functions of my job”. And since they were intentionally misled by Gardner and Ellis about that critical issue throughout the entire trial, primarily in conjunction with the very suspicious failure of X-808 in particular the timing thereof, that is obviously why the jury answered in the negative.

Specifically, during the trial Ellis blatantly led Grout to completely perjure himself about human error/engine damage that in fact was fully documented to be constantly happening in D-955. This was on her cross-examination of Grout, when Ellis asked him that supposedly; “problems of this nature didn’t occur very often, did they?” Consequently, Grout was erroneously led to reply; “No. As a matter of fact, we are very proud of that, that’s true.” (A146-A147)

Moreover, while Grout was perjuring himself when answering this question, Ellis even had him looking at the specific internal P&WA record of the X-808 incident, that was identified as defendants exhibit JJ EON-102 Quality Action Report (QAR) S/N #50 (A148) that was actually an example of the fiftieth occurrence of human error which had already happened in D-955 as of June 1997; therefore identifying it as a bi-weekly event.

And Ellis misled Grout and the jury to that erroneous conclusion, despite the fact that just moments earlier on his direct examination by DB&H, Grout had truthfully testified in full that frequent engine damage of this sort which was always happening in D-955 was even his biggest pet peeve! Specifically, when questioned by DB&H on direct about the QAR program, Grout did in fact even proudly testify in federal court that it was he himself who had specifically instituted and created the QAR program so as to hopefully minimize these very expensive and quite common engine failures. Moreover, Grout had already even truthfully testified about the precise document in question, defendants exhibit JJ - QAR S/N #50 when it had been first introduced into evidence by DB&H on his direct stating that (A150);

“I received that one, and I had a rule in my department that I saw every single one. And I had every single one recorded, and a copy was kept of it, and a summary of all of them was made available to everybody. And the purpose was to assure that the proper action was taken to eliminate the cause of the problem, not to solve it”.

Furthermore, when Grout had been asked by DB&H on direct if these QAR’s were written at the time of the incident, as was the case with X-808 and kept as a normal course of business, Grout also truthfully testified that (A152); “They were absolutely kept, strictly adhered to. I was very, very adamant that it had to be done”

That was the absolute truth. There is literally a library in D-955 in which the annual volumes of hundreds of pages of these QAR reports were cataloged, documenting continuous engine damage that every employee in D-955 was required to read and then sign off to that effect. The purpose of which was to achieve Grout’s own goal of the QAR program by increasing awareness and hopefully eliminate the reoccurrence of identical engine damage.

Interestingly, Grout also did truthfully testify on direct that Mr. Brinton Roy, who was the person that accidentally left the rubber plug in the oil line of X-808 was an; “Outstanding. Truly outstanding. Outstanding mechanic”. (A149) Although, what Ellis did not question Grout about on cross-examination was the significant fact that Brinton was refusing mandatory drug testing required in D-955 at the exact same time of the X-808 incident, in which he had overlooked the rubber plug with his bloodshot eyes immediately upon returning from smoking his lunch! (CHRO A25) And concerning the fraud committed against the court, despite the fact that Brinton had admitted to Eels during his investigation into this matter in 1997 that the failure of X-808 “was as much my fault as Andy’s” (A153) Gardner did not subpoenaed him to testify during the trial and he was never deposed.

Regardless, despite the fact that Grout initially admitted the whole truth about frequent engine damage in relationship to his QAR program right there in federal court, that I now believe was designed exclusively for me to hear, the very last thing the jury heard about this important issue, and the most likely the only thing that registered within their fading attention span, was Grout blatantly perjuring himself on cross-examination, testifying that the failure of engine X-808 was supposedly an isolated incident.

Both Grout and Ellis clearly knew she led him to blatantly perjure and contradict himself about this issue that as just established was recorded within the very transcripts of this subject trial. And despite the stoned out of his mind man of integrity Mr. Brinton Roy, I would not doubt for a second that P&WA/DB&H may have intentionally damaged X-808 engine to use as evidence against me, since it did happen after their failed attempt to provoke me to violence on 5/22/97.

And this was concerning an event that in reality was another non-issue that was successfully developed into the primary diversionary smokescreen for the trial, since it was deliberately focused upon by both sides, so as to strategically divert attention away from the real topic that should have been at hand. Specifically;

Mr. Dennis L. Grout’s illegal denial of my rights under the ADA, CFEPA, and FMLA achieved through his heinous program of harassment and discrimination and the denial of a simply accommodation to merely allow me to care for my children, that directly resulted in all the domestic violence in our home, in particular my near suicide on 5/16/96.

____________________________________________________________________________

And now concerning what is the specific focus of this motion, I will scrutinize the pre-trial “statements of counsel” that I was not even invited to attend, wherein Gardner and Ellis while conspiring with DB&H completely misled and defrauded the honorable Judge Ellen Bree Burns for the entire 40 minutes recorded in 56 pages of transcript text (A159-A214)

Starting on page 13 and concluding on page 18 (A171-A176) is the discussion concerning the motion Gardner filed titled “Plaintiffs motion in limine as to photograph of testimony regarding bite mark on plaintiff’s chest”. (A64-A67) I was obviously invited to arrive late to miss this crucial debate and complete misrepresentation of my entire case that literally revolved around the bite mark scar. Because if I had heard any of this preliminary discussion, I would have been immediately clued into the conspiracy.

This transcript in fact fully documents this huge defense contractor acting in collusion with my attorneys while intentionally duping a senior federal judge, right there in open federal court while being recorded in writing no less, therefore indicating how brazen the will of these co-conspirators.

And during this time frame, Gardner completely defrauded Judge EBB to believe that she intended on suppressing the bite mark scar evidence and related testimony because supposedly she felt it was damaging to my case. In particular, the court will note as recorded in the transcript text that Gardner told Judge EBB more than once that she was supposedly “not sure what the relevance of such testimony might be” (A172) and that the bite mark evidence was a “real red herring in the case, very prejudicial, inflammatory, and that’s basically the reason for our motion”. (A175)

And Judge EBB was successfully deceived into thinking, primarily at first by DB&H’s attorneys that the biting incident happened during a sexual encounter between me and my wife. (A174) And Gardner did completely support that false notion when she lied to Judge EBB telling her that the pivotal biting incident simply happened during a “domestic dispute” and that “this testimony is of a personal nature and involving something that happened outside the workplace apparently didn’t influence the defendant therefore should not be allowed to come into testimony”. (A172-A173)

To the complete contrary, as clearly demonstrated above the true facts related to bite mark scar were very relevant to the entire story. And to borrow Gardner’s own words that she subsequently used when blatantly lying to Judge EBB again at a side bar during my testimony a couple of hours later (A154-A158), first of all telling Judge EBB that supposedly “I told my client about your ruling” (A154-A155) concerning all these motions in limine which Gardner had filed. In reality, I knew absolutely nothing about any of these motions. Specifically, at the side bar Gardner is also recorded telling Judge EBB that the bite mark evidence was the “sordid aspect” of the whole story and “proves nothing” (A158) and that’s why supposedly she did not want the jury to hear anything about this key event.

Moreover at the side bar, when senior federal Judge EBB specifically requested that Gardner clarify for her my own testimony asking “for no reason his wife bit him?” Gardner did then reply confirming the allusion the co-conspirators had solidly placed in her mind by responding; “right”. (A157) Gardner’s response was absolutely wrong and therefore blatantly misleading Judge EBB about the real reason why my wife bit me.

And even though Gardner’s motion to suppress the bite mark evidence was filed and granted, in which she even stated DB&H’s intended purpose was to provide “shock value” during the trial, Gardner did allow the jury to hear all about this event constantly throughout the trial, when testimony of this nature was elicited by DB&H. But what Gardner intentionally accommodated her co-conspirators to make absolutely sure that Judge EBB and the jury did not realize whatsoever, was the real truth about exactly why this all important event had happened; specifically Grout’s illegal denial of the simple accommodation.

And that basic straightforward uncomplicated fact is what my entire case revolved around and as I have already established; Ellis simply did not ask Grout about completely ignoring his sole exclusive responsibility in lawfully granting me the accommodation or never truly entering into the interactive process whatsoever.

Therefore, Gardner and Ellis fully supported DB&H with their successful scheme to give Judge EBB and the jury the false allusion during the trial that we supposedly had some kind of deviant “sordid” sex life in relationship to the bite mark scar, therefore providing that exact shock value for the defendants benefit. Nothing could have been farther from the truth.

Consequently, the way the story was intentionally distorted by the co-conspirators regarding not only the bite mark scar, but in addition all the other directly related ensuing events of domestic violence, in particular my near suicide on 5/16/96, they did in fact very effectively impart the exact shock value upon the jury in which Gardner had even refereed to supposedly wanting to avoid in her motion in limine.

To be absolutely sure and make no mistake about it, the true facts related to the biting incident were the “sordid aspect” of the entire vicious story that was certainly not honestly conveyed in federal court. Specifically, Mr. Dennis L. Grout’s sordid illegal behavior and heinous program of H&D that he unleashed upon the caring and devoted plaintiff father, which was exclusively why my wife bit me in the first place, that almost drove me to commit suicide on 5/16/96. In which, Grout then simply humored himself by intentionally escalating ever farther to the point of almost successfully provoking my demise on 6/6/96 after I disclosed the bite mark scar to him.

And that nasty illegal truth is exactly what Gardner and Ellis while conspiring with Mr. O’Connor’s DB&H intentionally steered Judge EBB away from during these preliminary statements, and ultimately the jury during the subsequent federal trial that did allow P&WA/UTC to walk out of federal court unscathed.

And in direct relationship to this pre-trial distortion of the story supported by Gardner in which she intentionally misled Judge EBB to believe that supposedly the biting incident was nothing more than something of a “personal nature” happening in our home, directly affected my emotional distress claims. Because Gardner simply accommodated DB&H to then successfully claim on pages 15 and 16 (A173-A174) that DB&H wanted to have the jury hear all about the biting incident so as to differentiate between this supposedly unrelated enormous stress and domestic violence occurring at home, and any allegedly illegal treatment I may be experiencing at work.

And as noted above concerning the primary strategy utilized by the co-conspirators during the trial, Judge EBB was undoubtedly totally deceived at the end of the discussion about the bite mark scar in relationship to my emotional distress claims, because she ultimately stated on page 17 that; “it can be inquired by the defendant into his stressors he was under at home, which would perhaps diminish what he was claiming about the workplace” (A175).

And again, that is exactly what happened during the trial and how the story was completely misrepresented. Because it was in fact DB&H, not Gardner and Ellis that basically inquired upon most, if not every one of the witnesses about the all domestic violence we experienced, including my near suicide as if it supposedly had nothing to do with Grout’s illegal behavior, consequently successfully giving Judge EBB and the jury that exact fraudulent allusion.

And in conjunction with the enormous marital stress in direct relationship to the biting incident, commencing on page 22 (A180) the co-conspirators are discussing DB&H’s “motion in limine to exclude evidence regarding emotional distress allegedly experienced by plaintiff’s family”. And as the court will please note, on page 23 Gardner did not challenge this motion made by DB&H whatsoever, and in fact even stated that she; “agreed with this motion and had no intention of eliciting that kind of testimony”. Gardner said this in response to Judge EBB’s statement which was derived from her already intentionally distorted perspective of the story, in which Judge EBB said that; “the family is upset, that’s irrelevant in my view”. (A181)

This is another clear indication of Gardner’s intent and the fraud committed against Judge EBB. Again the sole reason my wife bit me, that initiated the horrific chain of events was exclusively due to her emotional distress that was directly related to Grout’s illegal denial of the workplace accommodation, which was having this enormous impact at home primarily due to our lack of childcare. And make no mistake about it my entire family clearly did suffer incredible emotional distress during these events that Gardner simply made sure the jury did not realize whatsoever. And this clear-cut emotional distress that was simply compounded by the act of OOJ committed by Mr. O’Connor’s DB&H and ultimately his complete failure to act in his influential position as the U.S. Attorney is exactly what has now ended the Elliot family, formerly of Hebron, CT.

In sum total, during these pre-trial statements concerning the most important aspect of the story, specifically why the biting incident had happened, Gardner and Ellis set the illusionary stage for the forthcoming trial by primarily deceiving Judge EBB with their dishonest intent concerning all these critical motions. My wife bit me exclusively because of Grout’s illegal denial of the simply accommodation to transfer me back to P&WA’s miserable 3rd shift and all the shocking events that ensued were the direct fallout thereof; case that should have been that easily closed.

Next, regarding the fact that both sides had filed motions in limine to suppress the CHRO filings, specifically concerning this case. Gardner stated in her memorandum of law related to her motion to suppress the CHRO findings that “the complaint and the supporting documents are redundant as plaintiffs own testimony is the best evidence of his claim” and that “the CHRO filings may confuse the jury and is needless presentation of cumulative evidence” (A68-A70).

And Gardner reiterated these written comments during these oral pre-trial statements which are recorded on pages 18-20 telling Judge EBB that supposedly “it’s cumulative; it’s redundant; I think it might confuse the jury”. Furthermore, Gardner stated that; “It’s the same written statements that the plaintiff will make from the stand and it’s cumulative, and that’s the basis of my motion” (A176-A178).

But what Gardner strategically did not tell Judge EBB about are the numerous facts and the pertinent testimony from all the other witnesses during the CHRO investigation, which was very damaging to UTC’s case and clearly supported mine. Consequently, Gardner simply did not question any of these key witnesses at all about these documented facts or just avoided subpoenaing some of these people to testify all together. These highly relevant and quite telling facts documented during CHRO investigation #9840272 that as I have already demonstrated in the previous text above were intentionally suppressed by my own attorneys no less.

And concerning DB&H’s “motion in limine to prohibit testimony by plaintiff’s co-workers as to their opinion of plaintiffs work assignments, job performance, shift transfers, etc” (A76-A77). As the court will please note, during these pre-trial statements between pages 26-35 (A184-A193) Gardner fully admits to Judge EBB that the only witness she intended to subpoena to address all these critical issues was in reality one of the most irrelevant - Mr. Gregory Kokidko. Therefore, Greg’s layman’s opinion about shift transfers and the labor contract had absolutely no validity during the trial whatsoever.

First and foremost, all Gardner had to do was subpoena any representative of IAM union and question them regarding the fact that Grout/P&WA had completely violated all aspects of the labor agreement concerning shift transfers, seniority issues, and reasonable accommodations. Moreover to indicate Grout’s vicious and immoral H&D that was in complete violation of the law under the ADA, CFEPA, and the FMLA as cited under Article Four and Letter 17 of the labor contract which had in fact intentionally provoked all my “unacceptable behavior”.

In addition to IAM president Mike Stone, I believe one equally effective witness for this aspect of the trial would have been union steward Mr. Bob Manley. Mr. Manley who had in fact personally witnessed and attended most, if not all of the cruel events. And I believe the most damaging testimony Manley could have provided for the trial, would have been telling the jury that Grout had instructed him to come right out and tell me exactly what his malicious intent for me entailed. Specifically;

“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!”

Again, the IAM union was right in P&WA’s back pocket and I think it would have been quite effective for Gardner to have Manley recite this vicious statement in federal court. I believe factual testimony of this nature would have clearly indicated the IAM’s true allegiance to P&WA/UTC and that in reality, they made absolutely no attempt to enforce any provisions of the labor agreement whatsoever. And again, Gardner could have also subpoenaed attorney Anthony Palermino to indicate the IAM’s complete misrepresentation, since it was exclusively due to Palermino’s involvement and threat of a CHRO/legal action that I had returned to work in July 1996.

Moreover, concerning Greg’s testimony about my workplace performance regarding the X-808 engine failure and plug incident. In reality, Greg’s opinion was of little or no value since he was still on the 3rd shift and not involved in that specific incident whatsoever. Therefore, since Greg was the only person Gardner subpoenaed for this issue, in effect she had pre-arranged for his testimony to be easily discredited during the trial for that exact reason. Which in fact was precisely what Zakarian did and why he had no problem accomplishing that goal.

Although, I completely agree with the statement Gardner made that is recorded on page 34 when she told Judge EBB; “And what could be more relevant than someone coming in and agreeing corroborating Mr. Elliot’s testimony that we used those (plugs) all the time”. (A192)

But as previously noted, the relevant person Gardner should have subpoenaed was Mr. Brinton Roy who was the actual person that failed to remove the specific plug from out of the oil line in X-808 engine and had even admitted that this non-issue was; “As much my fault as Andy’s”. Mr. Roy could have also readily testified that everyone in D-955 used the tool crib supplied rubber plugs all the time performing our jobs, and that the plug presented by DB&H as the exhibit for the trial was obviously ripped so as to easily fall into the tube used in conjunction with this evidence. In addition, Brinton could have testified about Grout’s intentional suicide suggestion delivered by Manley that he witnessed. As the court reads Gardner telling Judge EBB, Greg Kokidko was absolutely the only witness she subpoenaed to testify concerning all of these important issues, despite the fact that in reality Greg was the least applicable.

And concerning DB&H’s “motion in limine regarding enhanced severance package” (A63). This was P&WA/UTC’s settlement offer that they hoped I would accept after they had in fact compromised Mr. Palermino. Mr. Palermino who quite suspiciously completely abandoned me in October 1997 when he gave me the bogus advice to accept P&WA/UTC’s paltry offer and walk away. Although, considering the nine year nightmare that UTC has successfully subjected me to, in large part due to the unethical decision’s made in their favor by the numerous state and federal agencies involved, perhaps this advice was sound. Of course, that is if I could have simply ignored the haunting suicidal ideations initiated by Grout, which were firmly solidified in my mind by the ensuing financial meltdown provided me by the utterly ruthless UTC.

And since this paltry $15,000.00 settlement offer was made a year prior to the CHRO investigation and reasonable cause determination made in my favor, this would have clearly indicated to the jury that P&WA was fully acknowledging their liability regarding this illegal situation that they had created as far back as 1997. And here again, Gardner completely folded on this quite important and telling piece of evidence when the court will read her tell Judge EBB on page 42; “No your honor. It was never my intention to introduce that” (A200).

And the last but certainly not the least motion discussed during these pre-trial statements of counsel concerned Gardner’s “motion in limine regarding the testimony of Kathleen Mauer”. (A71-A73) The discussions regarding this crucial part of the story about Dr. Mauer’s distorted perception that in the end I had supposedly “threatened” her is recorded between pages 3-10 (A161-A168) and then resumed on pages 46-53 (A204-A211). Gardner’s written motion in limine related to the fact that since Dr. Mauer was not a psychiatric expert she would have no valid opinion whatsoever if I was psychologically a “threat to workplace violence”. Therefore, Gardner was correctly requesting that Dr. Mauer be completely prohibited from testifying about this very damaging perception that I had supposedly threatened her.

Although as the court reads on page 6 (A164), Gardner immediately starts folding on her valid request to totally exclude this extremely damaging testimony, conceding that Judge EBB might allow Dr. Mauer to testify. Consequently, Gardner was then simply requesting that a limiting instruction be given to the jury about Dr. Mauer’s complete lack of true qualifications in making a credible psychological/clinical determination of my state of mind on 5/19/97 and if I was truly capable of workplace violence. And finally on page 50, Gardner comes right out and tells Judge EBB that; “Your honor, I am not saying that she can’t testify that she felt threatened and that she told the decision-makers that she felt threatened” (A208).

And that’s exactly what Gardner did with this absolutely key witness that could have actually supported my case with a full and proper examination. A key person that Gardner did not even call as one of our primary witnesses. Therefore, on Gardner’s extremely brief cross-examination of Dr. Mauer during the trial, she did exactly what she told Judge EBB she intended on doing during these pre-trial statements. That was to intentionally destroy my case by simply having Dr. Mauer reiterate again for the jury that she had felt “threatened” by me on 5/19/97 and so ended the trial, and therefore my family on that extremely damaging note.

And this final quite damaging notion that the jury heard, regardless of whether Dr. Mauer was an expert on workplace violence or not, was preceded by a five day trial wherein Gardner and Ellis while conspiring with DB&H did quite effectively misconstrue the entire story of all Grout’s heinous and illegal H&D, that had provoked all my somewhat aggressive “unacceptable behavior” in the workplace.

Moreover, how the co-conspirators had also falsely portrayed the vicious story to Judge EBB and the jury making them erroneously believe that supposedly my wife and I had some kind of deviant sordid sex life in relationship to the bite mark scar. And furthermore that supposedly I was always toting a gun around in the trunk of my car, not complying with my medication therefore exhibiting the bizarre traits that Dr. Kelleher had testified about, and unstable enough to arbitrarily be capable of committing the ultimate violent act of suicide against myself no less.

There’s no doubt in my mind now what Judge EBB and the jury’s intentionally distorted perception was of the caring and devoted plaintiff father, who had almost committed suicide simply trying to protect and care for his children, as he coped with this horrific domestic violence at home, that in truth was the direct result of Grout’s illegal workplace behavior. And that illegal behavior of Grout’s was exactly what the jury was supposed to be sitting in judgment thereof, that by the end of the trial they did not realize whatsoever primarily due to this fraud committed against Judge EBB.

And as further evidence to the fraudulent distortion of the story by the co-conspirators prior to the trial is fully recorded on pages 46-49 (A204-A207), when the four conspiring attorneys are referring to the “factual” events related to my final visit to Dr. Mauer on 5/19/97. As the court will please note, Gardner and Ellis made no attempt at all to disclose any of the real and pertinent factual elements of that visit for Judge EBB. Specifically, they did not tell Judge EBB that in the end on 5/19/97 when I was showing Dr. Mauer the quite disturbing picture of the bite mark scar for the very first time and calmly, verbally explaining that this key event had happened exclusively due to Grout’s illegal denial of the reasonable accommodation, a copy of which had been right there in her hands at that very moment in my P&WA medical file.

And in fact, Gardner and Ellis made no attempt to divulge to Judge EBB that I had also verbally told Dr. Mauer during that visit, while showing her the bite mark scar picture that Grout’s illegal denial of the accommodation was exclusively why all the rest of the domestic violence had happened at my wife’s emotionally unstable hand. In particular, the biting incident and the subsequent windshield smashing event which had triggered the focal part of the story being my near suicide on 5/16/96 that Dr. Mauer herself had personally recorded in my P&WA medical file a year earlier on 5/20/96.

Moreover, because this had been the first time we had talked about my situation since our 5/20/96 visit, of most significance Gardner and Ellis did not tell Judge EBB that I had also described to Dr. Mauer on 5/19/97 how Grout in his unmatched malicious intent had falsely accused me of sexual harassment on 6/6/96 just two weeks after my near suicide that she had recorded in my P&WA medical file, and three days after physically showing his right hand man Eels the bite mark scar, all of which nearly drove me over the suicidal edge.

And in large part due to the quite suspicious decisions rendered by the State and USDOL that we will soon explore, the court will also note that Gardner and Ellis made absolutely no mention at all during these pre-trial statements with Judge EBB, or ultimately in front of the jury the other highly relevant facts that I was verbally explaining to Dr. Mauer on 5/19/1997 while showing her the quite shocking bite mark scar picture. Specifically, that in addition to his complete violation of my rights under the ADA and CFEPA resulting in the above cited very upsetting events, I was also telling Dr. Mauer on 5/19/97 that Grout had just illegally denied me a fully unpaid FMLA, which I had requested exclusively because my resultant unstable wife had nearly blinded our son with the light cord plug, that I also had described to her in full graphic detail.

In sum total, I had verbally explained and described to Dr. Mauer on 5/19/97 all of the very disturbing and shocking events of domestic violence that we had experienced in our home, which was exclusively the result of Grout’s illegal behavior, all of which was never disclosed and completely suppressed from Judge EBB while defrauding her at these pre-trial statements and ultimately in front of the jury during the trial. Therefore, Judge EBB and the jury simply did not realize why the emotionally unstable Dr. Mauer, who in fact even testified in federal court about being previously violently punched in the mouth by the hallucinating drug addict, had therefore understandably psychologically shut down after hearing the results of the sordid story of Grout’s illegal behavior while looking at the bite mark scar picture.

And last but not least the most important relevant “factual” issue concerning my 5/19/97 visit to Dr. Mauer that was completely avoided with Judge EBB at these pre-trial statements and obviously in front of the jury during the trial pertained to the “smoking gun” of my case, in particular what happened after I left P&WA medical. This would be when P&WA/UTC had waited three long days after the call came from P&WA medical, specifically from nurse Dee Kasperzaken about this supposed “threat to workplace violence” walking around the shop floor, clearly strategizing and then ultimately retaliating against me by trying to provoke me to violence on May 22, 1997.

Therefore, Gardner and Ellis made absolutely no link for Judge EBB between the supposed personal “threat” that I made to Dr. Mauer on 5/19/97 when I stated calmly yet firmly, for all to hear in the foyer of P&WA medical that “I am sick and tired of this blatant treatment. I don’t think this is moral, ethical, or legal. And I am putting you on notice that I am going to check this out with state and federal authorities” in the truthful correlation to P&WA/UTC’s blatant retaliatory attempt to provoke me to violence on 5/22/97. Specifically, that their retaliatory action was obviously due to the fact that in reality I had put P&WA/UTC on full notice, not Dr. Mauer, of my clear and very justifiable intentions of going back to attorney Palermino and commencing more legal action against them.

As the court will note in these trial transcripts, concerning the discussion by the co-conspirators about my visit with Dr. Mauer on 5/19/97, there is absolutely no mention of any of these quite pertinent factual verbal statements and descriptions of all the horrific events that I described to Dr. Mauer that day. The only “factual” thing the co-conspirators are all referring to regarding if Dr. Mauer had felt threatened by me, simply related to my physical gestures, and consequently if she was somehow qualified to have a valid opinion of me being supposedly capable of workplace violence. And it was attorney Ellis that finally verbalized what the co-conspirators are actually talking about while defrauding Judge EBB throughout the entire preceding 14 pages of transcript text concerning my visit to Dr. Mauer on 5/19/97, when on page 52 Ellis ultimately states (A210);

“ -- the factual – that he stood up and that he pointed his finger and that he said something loudly, if the jury can come to the conclusion that that was threatening”.

Therefore, as fully documented in these pre-trial statements, that of course was the pre-cursor for the ultimate charade and how it was actually presented in open court, this was absolutely the only “factual” part of my visit to Dr. Mauer on 5/19/97 that Judge EBB and the jury truly heard about. And that was simply that I did physically stand up and point my finger while I said something. In which, the only thing that registered at least in Dr. Mauer’s distorted mind, after hearing the sordid story of Grout’s illegal behavior, which in fact was basically the only thing she actually testified about during the trial, was that I said while departing P&WA medical;

“I’m putting you on notice”

Moreover, during the federal trial Gardner did not challenge Dr. Mauer’s testimony whatsoever after she testified that supposedly our visit, and yes, disturbing conversation on 5/19/97 was somehow “much more frightening than being punched in the mouth” by the hallucinating drug addict! And of most importance, Gardner did not review in depth with Dr. Mauer in front of Judge EBB and the jury the two final and quite interesting entries that she made in my P&WA medical file. The second to last entry was written in her hurried and quite distinctive scribble, which was her typical handwriting as in all of her other entries referred to, that she dated 5/19/97 and then signed to finish our visit that day. (A100)

And Dr. Mauer’s last, and final very comprehensive entry that was written sometime most likely long after our visit that day, which she titled to begin with as; “5/19/97 continued”. (A101) I ask the court to please carefully review this significant entry and first of all note Dr. Mauer’s absolutely perfect penmanship, relative to all of her other entries in her very distinctive scribble. And please remember this entry was composed by a person who supposedly had just been threatened with her life and now this subject menace was on a rampage somewhere in the workplace at P&WA! Dr. Mauer wrote about this visit and my behavior that supposedly;

· “Apparently upset because his request for shift change was denied.”
· “I told him I would be happy to handle a note from his doctor.”
· “Patient also encouraged to get appropriate medical notes from Dr. Kelleher”.
· “Patient threatened me, stating to me that he was “putting me on notice.”
· “He did not state the object of his notice”
· “Patient who is very angry and a potential for workplace violence”!
· “Follow up in one month”!

Let us breakdown this last nonsensical note in my P&WA medical file written by Dr. Mauer that I am of the firm opinion was most likely coached. First of all, I was quite clear and very specific about the object of my notice. In particular, this would be the heinous story as cited above of Grout’s illegal denial of my rights under the ADA, CFEPA, and most recently his denial of my last request for the fully unpaid FMLA. All of which was exactly what Dr. Mauer herself was specifically referring to when noting that I was “upset that my request for a shift change had been denied”!

And Dr. Mauer wrote that she would be happy to handle an appropriate note, specifically from Dr. Kelleher. This despite the fact that Dr. Kelleher’s letter and request for the reasonable accommodation of said shift change, was right in there in my P&WA medical file that she was holding in her hands and even looking at while she wrote this very entry. And in fact, she clearly knew that Dr. Kelleher’s letter had been in this file at that point for a full a year and a half being totally ignored by everyone at P&WA.

In addition, Dr. Mauer recorded on the very top of this precise document that she clearly knew on this very day that I could immediately be found in D-955 and my foreman was Durant. And per her 5/20/96 entry just four pages back, she knew precisely who the other primary players were in D-955; Grout and Eels. And of most interest, as she wrote that supposedly I “threatened her” and was “a threat to workplace violence” therefore being the specific person who literally did paint me as supposedly some kind of workplace monster, simultaneously she also noted that she was looking forward to a follow up visit with me in a month!

In reality, none of it made any sense at all. And I am sure if Gardner had explored this entry in full, and in fact the rest of story truthfully, the quite telling three day delay in conjunction with the completely unexpected event of walking me out the door with no valid excuse and producing Grout onto the curb next to me, would have clearly indicated to at least Judge EBB that P&WA had blatantly attempted to create a “threat to safety defense” against me on May 22, 1997. And again, if Gardner was truly attempting to represent me she could have shot holes through P&WA’s entire case by walking all the witnesses analytically through my P&WA medical file, relative to the real facts of the heinous story, in particular with Dr. Mauer concerning this one quite focal entry on a thorough and in depth examination of her. Gardner simply did not do that to line her own pocketbook.

And concerning this precise issue and the very last thing said during these pre-trial “statements of counsel”, that clearly indicates this conspiracy to obstruct justice and defraud Judge EBB which undoubtedly suggests there had been earlier pre-trial discussions concerning DB&H most likely proposing to utilize a “threat to safety defense” against me for my menacing sounding “unacceptable behavior” is recorded on the very last page 53 when my attorney Ellis asks Judge EBB (A211);

“Your honor, there has been no submission of a jury charge saying that it is the defendants burden to show that the plaintiff – that they chose under the ADA to terminate him due to his being a risk to self or others is their burden. In that case, if your honor allows it in that way, then I think there should be a jury charge on that issue, that it’s their burden to show that”.

This clearly tells me that during previous pre-trial conversations, while defrauding the honorable Judge EBB, Gardner and Ellis while conspiring with DB&H did make it erroneously appear that all my risky sounding “unacceptable behavior” supposedly had nothing to do with Grout’s illegal conduct. Therefore, if that was supposedly true, then Gardner and Ellis most likely had previously acknowledged that DB&H may be completely warranted, and in fact DB&H must have proposed to Judge EBB the possibility of them utilizing a threat to safety defense to justify my termination.

Consequently, Ellis’ statement as she addressed this important issue at that moment was in reality just a smokescreen arranged specifically to simply follow through on this previous session and conversation about the possibility of DB&H utilizing a threat to safety defense. Because Ellis was asking the already hoodwinked Judge EBB, that if she was going to charge the jury on this supposedly valid defense, then as Ellis correctly said, it would have been DB&H’s burden to prove that I was supposedly “a risk to self or others”.

And that is exactly why the completely defrauded Judge EBB then indicatively replied suggesting that in essence the defendant can; “Certainly offer it (a threat to safety defense). You are not precluded from making an admission of request of charge; we have your preliminaries” (A211).

Therefore, why didn’t DB&H eagerly offer this absolutely slam dunk defense, that Judge EBB even referred to for my supposedly unrelated unacceptable behavior, all which was heard in full during the trial, that they had apparently previously explored in depth? Unmistakable answer; Because DB&H clearly knew I would be sitting right there on the edge of my seat in federal court waiting to hear that in reality they had attempted to provoke me to violence so as to create a threat to safety defense, not having it blatantly used against me.

So why was a threat to safety defense ever discussed at all between the extremely intelligent Judge EBB and the co-conspirators, if in fact DB&H absolutely knew they could not openly try to use this defense against me anyhow? Well first and foremost, all the subject evidence required for trial in the year 2001 that was intentionally created between the years 1994-1997, by design clearly had me painted as supposedly a very serious “threat to workplace violence and safety”. But of course in the end on May 22, 1997 I had completely disappointed DB&H/P&WA and had not fallen for their intentional strategy trying to provoke me to violence.

But regardless of my failure to participate on 5/22/97, all this fashioned evidence of my somewhat aggressive “unacceptable behavior” in the workplace that they had clearly planned on using in conjunction with the hoped for results of their final strategy, specifically arresting me hopefully assaulting Grout, was all they obviously had to present for the pending charade during upcoming the federal trial, which clearly depicted me as almost a workplace monster!

And what was the co-conspirators solution to answer the obvious dilemma that Judge EBB would surely have posed? Because I believe the co-conspirators were correctly concerned, that the extremely intelligent Judge EBB, after hearing all this supposedly unrelated very threatening and quite bizarre sounding behavior of mine, in relationship to her full knowledge of the threat to safety defense, would then have been quite dismayed if not very suspicious of all the attorneys, if she stood in full witness as the equally extremely intelligent attorneys at DB&H did not even think about or in fact do exactly what they actually did to deceive her;

Which was to at the very least, simply propose utilizing this slam dunk defense during earlier pre-trial conversations while defrauding Judge EBB about the whole story.

Because in addition, the co-conspirators knew it was imperative to present most of the workplace events, relative to all of the domestic violence in some distorted fashion during the trial, primarily for me to hear and give me the illusion that I had received a fair trial. And simultaneously they had to be deceiving a sitting senior federal judge of their true motives, in relationship to all of the player’s full knowledge of this specific aspect of the law, and of course achieve the ultimate goal to prevail with a favorable decision from the jury for the defendant.

And again, the co-conspirators had to deal with all this previously designed, very threatening sounding evidence against me, and the clear fact that absolutely everyone in the courtroom knew all about the implications of a “threat to safety defense”;

Except of course the members of the jury.

The jury, who at the end of the trial were completely nieve and totally confused about all the implications of each and every one of the heinous facts of the story that they did hear in its full graphic entirety, excluding of course the attempt to provoke me to violence on May 22,1997. And of most importance, because of this blatant fraud committed against primarily Judge EEB, the jury did not realize whatsoever the simply reason why all these very disturbing and quite horrific events had happened, which again was exclusively because;

Mr. Dennis L. Grout had illegally refused to grant Dr. Kelleher’s accommodation request to merely transfer me back to 3rd shift so I could simply care for my children, or at the very least he did not enter into the interactive process whatsoever as required under ADA law.

And that is exactly why the utterly bewildered jury gave me their handwritten questions, that they had explicitly asked Judge EBB prior to rendering their illegally manipulated verdict. Specifically the one which asked (A215);

“Is any element of this courts decision subject to an appeal”?

And I will repeat, since Grout was not asked one question about DB&H/P&WA’s blatant attempt to provoke me to violence on the curb May 22, 1997 that was absolutely the only missing factor that clued me into this conspiracy to obstruct justice when the trial was over.

If I had inadvertently walked into federal court at 9:05 AM the morning of August 22, 2001 against Gardner instructions and heard any of this critical pre-trial dialogue and these “statements of (my own) counsel” the charade and this circus of a federal trial would not have happened, and the conspiracy to obstruct justice would have been over right then and there. And that is exactly why attorney Gardner strategically did not invite me to arrive for the beginning of the proceedings.

My discovery of these very telling pre-trial statements made without my knowledge whatsoever, concerning the discussion of all these very damaging motions in limine, without a doubt proves this blatant act of obstruction of justice and the absolute unbridled zeal of this defense contractor and it’s co-conspirators while completely defrauding the honorable Judge EBB as she sat right there in her own federal court of law August 2001.

Moreover and interestingly, I now contend the precise reason that DB&H was able to successfully deceive me was by discriminating against me in a federal court of law during this ADA discrimination lawsuit, by intentionally capitalizing on the well known characteristic of MDI that my own Dr. Kelleher himself testified about. Specifically, the personality traits of a person with MDI sometimes not able to properly think, concentrate, and focus. And I base my opinion on the fact that DB&H did have me psychologically evaluated prior to the trial by their own psychiatrist Dr. Kapuchinski on 7/28/2000 (A216).

I subsequently did make a complaint about this quite crafty discrimination committed by DB&H in federal court by presenting all this evidence to the USDOJ - Civil Rights Division/ Disability Rights Section. They did absolutely nothing for me concerning this outrageous act of discrimination. And this condition does get worse as a person ages which I have to deal with while composing this very motion.

And in fact, Ellis even ended her direct-examination of Dr. Kelleher by leading my own doctor to tell the jury that “based upon a reasonable degree of medical probability, that I was substantially limited in my ability to think, concentrate, focus, and interact socially with others”. (A217-A218) In addition, Ellis led Dr. Kelleher to testify that supposedly my medications never totally eliminated these symptoms or my ability to function between the years 1994-1997. (A218).

Therefore, this quite damaging testimony was the very last thing the jury heard from my own doctor, elicited by my own lawyer that most likely was also successfully used against me concerning the important subject if I was able to perform the essential functions of my quite technical job. My very lucrative career as an A+P mechanic working on P&WA’s highly instrumentated and very complex, experimental/prototype large commercial and military gas turbine aircraft engines, that does not exist any longer.

And again, anyone of 200-300 employees at P&WA could have readily testified to both my complete technical competence and Grout’s obvious sickness as he dictated his forbidding authority while standing on a chair, a box, or a ladder. These same people who were also subjected to his illness that among other nicknames referred to Grout as; “Napoleon”, “Hitler”, and most applicable to not only my situation - “God”

In fact, throughout the trial, when referring to Dr. Kelleher’s accommodation request, Gardner and Ellis basically only stressed his reference to me having problems “interacting with more people”(A85). The only person I was having problems interacting with on the 1st shift that Dr. Kelleher was specifically referring to was that demented bastard Grout. And that was primarily because of his illegal H&D which had commenced two years prior to Dr. Kelleher writing his letter, that Dr. Kelleher knew was the precise reason for the initial clinical depression, all of which was strategically completely avoided.

And as previously noted, during their closing statements the conspiring attorneys did entrenched one final time the illusionary story and theme of the trial that my wife and I supposedly had some kind of unrelated “sordid” relationship and marriage in Judge EBB and the jury’s minds. Mr. Zakarian spoke first and recited the entire shocking story of all the domestic violence that I had experienced and testified about when cross-examined by him, including my resultant near suicide on 5/16/96 and then he simply stated that;

“Now, that’s sad. But it happened, in his sad personnel life. But that wasn’t the responsibility of P&WA to go and monitor his personal situation”. (A219)

And finally Gardner made her lengthy and completely deceiving closing statements, in which the very last misleading thing heard by the jury in federal court, immediately preceding them being sent to their deliberations was;

“Nobody is saying that Mr. Eels or Mr. Grout had an evil motive here. I really don’t think that’s what happened”. (A220-A221)

I completely disagree. And the vicious truth of Grout’s unmatched malicious intent was exactly the opposite of what Gardner stated and precisely what I had retained her to honestly convey to the honorable Judge Ellen Bree Burns and the jury.

After the federal trial, in my complete shock and dismay, when I realized that something was obviously wrong since Grout was not questioned at all about the key events of 5/22/97, I requested that Gardner not only make a motion for a new trial from Judge EBB, but eventually an appeal at the 2nd circuit. I did that exclusively to determine Gardner’s true allegiance. And the three completely irrelevant issues (A222-A225) that Gardner did present for both of these disingenuous endeavors, undoubtedly confirmed my suspicions that Gardner and Ellis were fully bought and paid for by P&WA/UTC, and moreover indicating that this conspiracy did continue at the 2nd circuit court of appeals.

In fact, it is fully documented on page 9 of the oral argument at the 2nd circuit, that attorney Gardner also lied to and defrauded the honorable Judges Pooler, Leval and Calabresi when she falsely told them that supposedly she only saw the jury interrogatories on the very last day of the federal trial. (A226-A227) This was another blatant lie and the indisputable evidence was personally cited by Judge EBB in her “ruling on a motion for a new trial”. (A228-A231)

Specifically, the precise reason that Judge EBB clearly referred to when denying Gardner’s motion for a new trial, was that not only did attorney Gardner see these jury questions from the very first day of the federal trial at the charging conferences, in reality Gardner herself had in fact assisted in drafting this apparently quite confusing document. (A230)

And to the issue at hand concerning the fraud committed in the lower court against Judge EBB, I now contend that these jury interrogatories may have by design misled the jury, since they were obviously created by the four attorneys acting in collusion together while defrauding Judge EBB.

Moreover, when I went to the District of Connecticut U. S. Attorneys office in October 2002, after I undoubtedly confirmed Gardner’s true allegiance to P&WA/UTC since I only had to analyze her bogus twelve minute appeal attempt, I would eventually learn (in 2004) that in addition Mr. Kevin J. O’Connor as an extremely close ally to all the entities involved was perhaps also fully bought and paid for by UTC.

And of course, the date marked on this very motion indicates that walking completely alone, illegally stripped of everything including custody of my children while struggling to survive, living and working in the despair and violence of low income housing, it has now taken me four more miserable years of my life to investigate, analyze and now describe in abbreviation this circus of a five day federal trial, that was already a four year conspiracy to obstruct justice in the year 2001.

Please note that on May 5, 2004 I did make a complaint against Mr. O’Connor at the USDOJ-Office of the Inspector General - Office of Professional Responsibility (USDOJ-OIG-OPR) upon my realization of his very close affiliation to the numerous entities involved. I accurately alleged that Mr. O’Connor as an extremely intelligent and well informed partner at DB&H most likely had at least some knowledge of this quite convoluted conspiracy that was in the planning stages for four long years right there in his own office at City Place 1 in downtown Hartford, CT and that is exactly why he intentionally and quite strategically misled me.

The USDOJ-OIG-OPR did absolutely nothing whatsoever to discipline Mr. Kevin J. O’Connor. (A232) Moreover to date, the entire USDOJ has completely failed to act altogether upon this blatant act of OOJ committed by this defense contractor, despite the fact that I did supply them with these and my additional supporting documents. (A233-A236) I believe this is in effect a citizen doing his own personal investigation of a conspiracy to obstruct justice that is a federal criminal act

And some of the critical pre-trial decisions made way back in1998 by state and federal agencies that clearly suggest DB&H may have manipulated the various representatives thereof, so as to participate in this conspiracy to create, facilitate and suppress this blatant act of OOJ would include, but certainly not be limited to, the State of Connecticut Department of Labor regarding my state FMLA complaint #FM 98-33 (A237-A239) and our United States Departments of Labor (USDOL) concerning my federal FMLA complaint - case ID:1051188 (A240-A242).

Both of these agencies during their “investigations” of my valid FMLA complaints quite indicatively never even looked at the fully documented evidence of this heinous story that had already been recorded at the CHRO, and determined that supposedly Grout/P&WA had not violated the FMLA. I think not.

Again, I firmly 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 my child care issues were my primary stressor in direct relationship to my MDI, or specifically in FMLA language my “serious health concern” (SHC), I should have easily prevailed during both of these DOL investigations.

These suspicious findings were made despite the fact that at least the USDOL has a memorandum of understanding (MOU) with CHRO. In fact, I did solely initiate both of these FMLA complaints and even though I had already retained Gardner, she never got involved in these DOL investigations whatsoever. The declinations of which I now am convinced was designed to eventually and quite successfully weaken my case in federal court.

And the USDOL- Office of Contract Compliance Programs (OFCCP) concerning my complaint #B980030 (A243-A244) that completely failed act and did not provide me with the most vital leverage of “leveling the playing field” on my behalf against this huge federally subsidized defense contractor way back in 1998, again despite the fact that they have an MOU with the CHRO. Therefore, in effect the OFCCP literally facilitated this blatant fraudulent act of OOJ committed against Judge EBB that consequently leaves me to this very day fighting a lopsided legal nightmare against this Goliath. And here again, Gardner did not get involved in this OFCCP complaint whatsoever that I did solely initiate, despite the unmistakable fact that if they had properly acted and withheld UTC’s lucrative federal contract payments that would have undoubtedly forced an immediate settlement and put money in Gardner’s own pocketbook.

Moreover, in November of 1998 the then USDOL Secretary of Labor Mrs. Alexis Herman somehow issued UTC the prestigious “Opportunity 2000 Award” identifying them as supposedly some kind of “civil rights highroader”. (A245) The USDOL gave UTC this prestigious award at the exact same time the CHRO had revealed the heinous facts of this story indicating the complete violation of my civil rights. And to add insult to injury, at the exact same time UTC received this award and all these wonderful accolades while enjoying record profits, I was being admitted to the Institute of Living in Hartford, CT. suffering from severe suicidal depression.

And I contend that since it would have obviously been to the defendants full advantage if I could not have persevered and taken my life at any time after my illegal termination from P&WA, perhaps one of the truly malicious goals of DB&H and this conspiracy to deny me justice was a conscious effort by them to finally incite Grout’s long lasting suicide suggestions and put a definitive end to this matter once and for all times. Because I believe this motion clearly demonstrates that nothing is beyond the realm of possibility with UTC and their representatives.

And make no mistake about it impossible as it may sound, I have literally been on that suicidal edge since May 16, 1996 simply dreading the arrival of the morning sun while constantly thinking about this situation and then subsequently legally dealing with this nine year act of OOJ, that in fact is worse than Grout’s actual program of H&D in which it is based. And it continues to be a very unhealthy situation that unfortunately I adamantly feel compelled to pursue to the bitter end. Not only for the obvious personnel reasons, but since I truly believe the facts of this case are “issues of the public importance” to borrow that terminology from the literature of the Supreme Court where on my own I could not even initiate a successful campaign against UTC.

Regardless, I believe all of these facts clearly suggest that the entire USDOL may have acted in collusion with UTC so as to obstruct justice and intentionally suppress all of their illegal activities. And I firmly believe that the USDOL’s obvious motivation in participating in this blatant act of OOJ was that in reality, it was designed in part by the USDOL to suppress their own unethical if not illegal behavior, specifically all three issues cited above. And therefore too simultaneously maintain UTC’s “spotless record” and “no news” concerning ethics violations as recently proclaimed by UTC CEO Mr. George David in Business Week magazine. This while he enjoys his obscene $89 million dollar annual salary and my family has relatively nothing.

In addition, I did solely make a complaint in 1998 against my former IAM union at the National Labor Relations Board (NLRB) case #34-CB-2184 concerning their blatant miss-representation and ultimately complete failure to properly arbitrate on my behalf. The NLRB did absolutely nothing for me. (A246-A247)

These were some of the critical and quite suspicious decisions made by state and federal agencies that Judge EBB and the jury did not hear anything about, which would have clearly indicated this conspiracy to obstruct justice right there in federal court. Therefore, I contend they are very much involved in this criminal act of OOJ clearly knowing their actions were eventually going to be utilized to intentionally defraud a federal judge.

I have also discovered more exceptional and significant related facts. I have located two other former UTC employees who were also “represented” by attorney Gardner during their own disability discrimination lawsuits against UTC. These gentlemen had both been employed at UTC’s Sikorsky Helicopter division and also have indisputable evidence that Gardner intentionally forfeited their hands during their trials in federal district court.

In general, they both described to me the same exact experience that I encountered concerning Gardner’s “representation”, in which for some unexplained reason she blatantly suppressed the most important evidence during their trials that would have supported their cases, and therefore lined her own pocketbook. These gentlemen have also had their lives and families devastated by an identical, unethical and illegal situation. One mans name is Mr. Daniel Peck and his case number was civil action 3:94 CV 01360 (CFD). The other mans name is Mr. Al Yurevich and his case number was civil action 3:97 CV 01831 (JBA).

In fact, Mr. Yurevich informed me that Gardner’s husband, in which she does share his surname on legal documents is Mr. William Riordan who apparently is a well paid vice president at P&WA no less. (A248-A250) Mrs. Gardner/Riordan absolutely never disclosed these pertinent facts to me whatsoever. In effect, attorney Barbara E. Gardner is literally UTC’s Trojan horse just laying in wait at 843 Main St. Manchester, CT. for the next victim of their vicious employment discrimination to come along and mercilessly destroy their case and family.

This information coupled with the fact that Gardner never made the fundamental request that Dr. Poliner and Mr. Grout testify during the CHRO investigation as well as suppressing the significant detail of the illegal denial of the FMLA, indicates to me that my case and family were doomed from the start, since she was obviously collaborating with UTC long before I even walked through her door way back in 1998. A case of employment discrimination like mine is truly a nasty and dangerous form of business, especially when you add into the conflict charming snakes lurking in the grass like attorneys Gardner, Ellis and the entire law firm of DB&H.

_____________________________________________________________________________

I respectfully ask you Judge Burns when considering these motions to please keep in the forefront of your mind that this lawsuit was certainly not merely about my job and disability. In reality, it was about a disturbed little man who was utterly intoxicated knowing he had the knowledge, power, and the first hand experience provided by Mr. Verbryke and Cady that by manipulating our livelihoods he could literally act as judge, jury, and indirect executioner. And I believe my fellow ex-employees at P&WA would readily agree that if I had blown my brains out on 5/16/96 or 6/6/96 that would have been the unspoken, but truly defining moment for Grout in his infamous career imposing his deviant will upon us.

This is because Grout was in fact “almost a doctor” simply utilizing his extensive education in the pertinent school of psychology in this truly demented fashion that was financed and approved by UTC. As far as I am concerned it was Grout with the gun against my head that he simply handed Mr. O’Connor when he comfortably retired, and O’Connor has been holding it there ever since just waiting for me to pull the trigger.

And there is no doubt in my mind that if the jury had heard the true story of Grout’s malicious intent they would have not only returned a verdict in our favor, but in addition awarded us my full compensatory front pay damages of $2,200,000.00 and considerable matching punitive damages, all of which would have maintained the cohesion of the Elliot family. And I firmly believe another jury of my peers would be especially appalled to hear of this act of OOJ that is my nine year suicidal nightmare in its totality provided by these corrupt civil servants.

In effect, I consider this organized crime in the most vicious fashion that far surpasses the Mafia in at least the extent of the combined resources of UTC, DB&H, and the entire state and federal governments.

And the question now is can UTC get away with suppressing this story of Grout’s heinous malicious intent by utilizing there vast resources and breaking absolutely every moral, ethical, and legal law in the book as I proclaimed them doing on 5/19/1997. In which, unbeknownst to me at the time was the sheer scope of their reckless indifference inasmuch as they had just gotten started with this convoluted conspiracy that in fact was all created specifically to commit this crime against you Judge Burns. I positively need your help bringing UTC to justice as I could never do it alone, in which I have undoubtedly been acting the whole time.

Because my most important ally being my wife and I were creatively divided and therefore completely conquered way back in May 1996 as we continuously fought each other and not UTC. And in fact, the dissection of our matrimonial partnership went straight back to the bite mark scar, since she was so embarrassed that it happened in the first place and then furious at me that I had disclosed it to Grout, and moreover to eventually testify about it in a federal court of law to no avail.

I believe if there is any integrity left at all in our democracy it is within the independent federal judiciary. And I truly believe that you’re a woman of the utmost integrity Judge Burns and I implore you to expeditiously grant these motions and therefore restore not only my faith in our American society and justice system, but in fact my life. I ask you when carefully considering these indisputable facts I have presented, to please try and imagine if you possibly can for just a moment, the sickening existence I have been maintaining for nine years while pursuing justice in this case. I can only sustain my sanity with my full confidence in your impeccable integrity to finally bring P&WA/UTC and now their representatives DB&H who defrauded you to justice. I believe that no disabled and depressed American citizen/father and his family should ever be subjected to this sort of true living hell.

I am almost 50 years old and basically have nothing left except for the relentless debilitating anger and haunting suicidal memories and facts of this heinous story to present as justification to be granted these motions. I have been literally robbed of my life by this cruel conspiracy to suppress the simply truth that I was merely trying to fulfill my duty as a responsible parent to care and protect my children while dealing with my federally recognized disability and depressed state of mind.

And I may not be dead yet, but make no mistake about Judge Burns you are making a life or death decision. Because I will never be able to simply forget this story that is thoroughly engrained in my sole while possessing all this irrefutable proof of the illegal demise of my family and simultaneously watching UTC continuously celebrate record breaking federally subsidized profits derived from the fruits of my youth when diligently developing those military aircraft engines I see flying for “truth, justice, and the American way”. The same exact very valuable privileges that the Elliot family formerly of Hebron, CT. has been illegally raped.

Conclusion

In consideration that the foregoing was just a fraction of the meritorious evidence the plaintiff possesses to clearly justify these motions, the plaintiff respectfully requests that the Honorable Judge Ellen Bree Burns on her own trustworthy initiative reopen, reconsider, set aside, and grant the plaintiff relief from the extremely unjust verdict and judgment in recognition of the blatant fraud committed against her and the court during the subject proceedings that the plaintiff contends rendered these decisions null and void at the very least under the federal rules of civil procedures 9, 11, 59, 60, 61, and 73.

The plaintiff in full recognition that the standard for a being granted a motion for reconsideration is strict under the federal rules of civil procedures 9, 11, 59, 60, 61, 73 and should not be taken lightly, contends that in acknowledgment of the significant facts that were intentionally suppressed and the quite exceptional circumstances cited in this motion, it can be reasonably expected that the previous conclusion reached by the court would have been drastically altered clearly in the plaintiffs behalf.

And the plaintiff cites this convoluted conspiracy to obstruct justice and defraud the Honorable Judge Ellen Bree Burns as the primary reason of the utmost validity to be granted these motions and ultimately to set aside the judgment, since these illegal events created overwhelming harmful error that went to the very heart and integrity of the federal trial, resulting in a completely unjust decision in the defendant’s favor, therefore completely prejudicing plaintiff’s federally protected rights.

Respectfully submitted by the plaintiff,

___________________________
Mr. Andrew R. Elliot

CERTIFICATION

This is to certify that a copy of the foregoing was mailed, postage prepaid to the following counsel of record on this 18th day of February 9, 2006 to;

Day, Berry & Howard City Place I
185 Asylum avenue Hartford, CT. 06103-3499 Attn; Mr. Albert Zakarian 7004 2890 0000 7370 5929 return receipt #

____________________________
Mr. Andrew R. Elliot

To; U.S. Department of Justice 7004 2890 0000 7370 5905
Criminal Division return receipt #
950 Pennsylvania Avenue
Washington, DC 20530-0001
Attn; Assistant Attorney General Mrs. Alice Fischer

To; U.S. Department of Justice 7004 2890 0000 7370 5912
Civil Division - Torts Branch return receipt #
PO Box 888 Benjamin Franklin Station
Washington, DC 20044
Attn; Director Mrs. Phyllis Pyles
c/o Mrs. Kimberly Smith

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

2006-03-02T11:20:00.000-08:00

Mr. Andrew R. Elliot, pro-se litigant March 2, 2006
PO Box 477
Manchester, Ct. 06045
e-mail silvertiger333@hotmail.com

Regarding; Civil Action 3:99 1290 EBB Andrew R. Elliot vs. Pratt&Whitney Aircraft (P&WA) a division of United Technologies Corporation (UTC)
Regarding; Second Circuit Court of Appeals Docket # 01-9462
Regarding; Connecticut Commission on Human Rights and Opportunities (CCHRO) case # 9840272

To whom it may concern in the State of Connecticut,

The District of Connecticut U.S. Attorney Mr. Kevin J. O’Conner is apparently not only for sale, the facts clearly suggest that he was fully bought and paid for by United Technologies Corporation prior to him even assuming this important and very influential position. The documented facts indicate that Mr. Kevin J. O’Connor is basically the worst and most vicious kind of criminal, blatantly abusing his office to screw over innocent Connecticut children and their families. And I believe documented facts of my case suggest that it is truly absurd to have appointed this person to this powerful and influential office and to think that he will judiciously uphold and enforce the law.

Mr. O’Connor’s unethical behavior is directly related to my lawsuit Civil Action 3:99 1290 EBB, wherein the facts clearly indicate that my former employer, United Technologies Corporation (UTC), Pratt&Whitney Aircraft division (P&WA) and their legal representatives, the prestigious law firm of Day, Berry and Howard (DB&H) conspired with former attorneys Barbara E. Gardner and Christine M. Ellis so as to commit obstruction of justice (OOJ) and intentionally defraud and blatantly lied to the Honorable Senior Federal Judge Ellen Bree Burns (Judge EBB) in federal district court August 2001 during the a five day long jury trial/ADA employment discrimination lawsuit.

I had sent Mr. O’Connor letter on 10/15/2002 soon after I confirmed this conspiracy between DB&H, UTC, and my former attorney Gardner after she had intentionally forfeited my hand in the 2nd circuit court of appeals August 2002. In fact, it is also fully documented that attorney Gardner lied through her teeth while conspiring with DB&H and completely defrauding the three presiding justices at the 2nd circuit; in particular Judges Pooler, Leval, and Calabrisi. The law firm of DB&H not only defended P&WA/UTC during both of these legal actions against me, but it has been their primary legal representatives for many years.

Mr. O’Connor issued me a letter on 12/10/2002 as most likely one of his first official acts soon after being appointed District of Connecticut U. S. Attorney on November 22, 2002 wherein he completely ignored this blatant act of OOJ committed by DB&H. I did not finally realize until 2004, exclusively because of his unethical behavior resulting in my divorce, that in fact upon assuming his position as U.S. Attorney in 2002, Mr. O’Conner had literally just walked out the door of not only his previous employer, but in fact his previous partnership with the illustrious law firm of Day, Berry, and Howard. Mr. O’Connor was actively working at DB&H when these fraudulent acts were committed by his law firm in both federal district court and the 2nd circuit court of appeals.

And what Mr. O’Connor quite successfully did was to strategically advise me to pursue this illegal activity as a simple case of legal malpractice committed by Gardner and Ellis. Therefore, he intentionally diverted me away from initially pursuing for at least two years the real, and very high profile culprits and criminals, specifically P&WA/UTC and their legal representatives his own law firm of DB&H.

The facts clearly indicate that Mr. Kevin O’Connor is fully aware of the real truth that this was definitely not a case of my lawyers merely being incompetent. Gardner and Ellis’ deliberate deceptive actions that transpired throughout the entire federal trial were absolutely not just “poor or flawed trial strategies” on their part. This was an unmistakable conspiracy to obstruct justice and intentionally defraud and blatantly lie to federal Judge EBB as she sat right there in her own federal court of law.

Mr. O’Connor clearly acted unethically since he did not recuse himself from this outrageous situation and immediately refer it to another unbiased U. S. Attorney. And Mr. O’Conner’s obvious motivation to ignore this blatant act of OOJ was to protect the image and federally funded financial interests of not only UTC, but in addition his own law firm DB&H. I am absolutely sure that Mr. O’Conner has many powerful friends still at DB&H, and perhaps still retains some undeclared financial interests in DB&H.

Mr. O’Conner’s relationship/partnership with DB&H commenced in 1997 at the exact same time I was illegally harassed out the door at P&WA/UTC and he was actively working at DB&H when this fraudulent act was committed against the honorable Judge EBB in federal court August 2001. Therefore, as a “rising star” at DB&H he may have been personally involved himself strategizing the whole time during the four brutal years that I endured leading up to the federal trial. And I do make note of the interesting fact posted on his U. S. Attorney web site, identifying him as a specialist in white collar crime. I believe this is readily apparent when the facts of my case are examined in an unbiased fashion.

The direct result of Mr. O’Connor’s highly unethical activity ignoring his duties as the U.S. Attorney, was to thrust my life into complete chaos and upheaval, specifically a very bitter and painful, time consuming divorce battle with my now ex-wife that commenced in December 2002 immediately after the issuance of his12/10/02 letter to me.

And concerning this blatant act of OOJ committed in federal district court August 2001, it is fully documented in trial transcripts that Mr. O’Connor’s partnership of DB&H, while conspiring with Gardner and Ellis did intentionally defraud and blatantly lie to the honorable Judge EBB throughout this entire federal trial.

Specifically, I did not discover until finally in December 2004 that my 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. And 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.

And please make note, this was definitely not a frivolous lawsuit or a simple case of employment disability discrimination either. The documented facts revealed during CHRO investigation #9840272 clearly suggest that in effect 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 the truly deviant illegal behavior my former supervisor at P&WA; Mr. Dennis L. Grout.

Specifically, Grout testified in federal court 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 Gardner and Ellis while conspiring with DB&H made absolutely sure Judge EBB and the jury in federal court August 2001 did not realize whatsoever.

In particular, 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 (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 in P&WA’s own internal medical records 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.

And not only did Grout completely violate my rights under the Americans with Disabilities Act (ADA), the Connecticut Fair Employment Practices Act (CFEPA), and the Family and Medical Leave Act (FMLA) in this quite heinous fashion, but in addition while subsequently walking me out the door, P&WA/UTC blatantly retaliated against me by intentionally, yet unsuccessfully attempting to provoke me into some act of workplace violence, so as to create for themselves a “threat to safety defense” over my child care issues no less.

This little known by the general public “threat to safety defense” and easily 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 of 1990. 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”.

And the truth that P&WA/UTC had attempted to provoke to violence so as to “create a threat to safety defense”, and that in the end Grout had denied me a fully unpaid leave of absence under the FMLA, are just two of many key facts that Mr. O’Connor’s DB&H while conspiring with Gardner and Ellis intentionally suppressed from Judge EBB and the jury during the federal trial. And these key facts were suppressed in writing no less by my own attorney Gardner with what are known as “motions in limine”.

It has taken me more than four years to fully analyze this circus of a federal trial after being raped of everything, in effect by Mr. O’Connor’s DB&H. This would include the ultimate loss for a caring and devoted father that is the joy and custody of my children, in addition my marriage and family, my home and land, most if not all of my friends and my entire financial security.

And acting entirely on my own as a pro-se litigant, since UTC has now compromised a total of three attorneys of mine, I have finally submitted to the Honorable Judge EBB on February 9, 2006 a “Motion to Reopen” and a “Motion to set aside the Judgment” concerning Civil Action 3:99 1290 EBB. I am of the unwavering opinion, given the overwhelming factually supported documentation I have presented, that there is absolutely no justifiable way she cannot grant me these motions. I will be soon posting a copy of the portion of these motions describing Grout’s heinous harassment and discrimination and the act of OOJ wherein they completely defrauded the honorable Judge EBB.

Please note that on May 5, 2004 I did make a complaint against Mr. O’Connor at the USDOJ-Office of the Inspector General - Office of Professional Responsibility (USDOJ-OIG-OPR) upon my realization of his very close affiliation to the numerous entities involved. I accurately alleged that Mr. O’Connor as an extremely intelligent and well informed partner at DB&H most likely had at least some knowledge of this quite convoluted conspiracy that was in the planning stages for four long years right there in his own office at City Place 1 in downtown Hartford, CT and that is exactly why he intentionally and quite strategically misled me.

The USDOJ-OIG-OPR did absolutely nothing whatsoever to discipline Mr. Kevin J. O’Connor. Moreover to date, the entire USDOJ has completely failed to act altogether upon this blatant act of OOJ committed by this defense contractor, despite the fact that I did supply them with all my facts and supporting documents, and moreover information that this is multiple client conspiracy with attorney Gardner and UTC. I believe this is in effect a citizen doing his own personal investigation of a conspiracy to obstruct justice that is a federal criminal act

And some of the critical pre-trial decisions made way back in1998 by state and federal agencies that clearly suggest DB&H may have manipulated the various representatives thereof, so as to participate in this conspiracy to create, facilitate and suppress this blatant act of OOJ would include, but certainly not be limited to, the State of Connecticut Department of Labor regarding my state FMLA complaint #FM 98-33 and our United States Departments of Labor (USDOL) concerning my federal FMLA complaint - case ID:1051188.

Both of these agencies during their “investigations” of my valid FMLA complaints quite indicatively never even looked at the fully documented evidence of this heinous story that had already been recorded at the CHRO, and determined that supposedly Grout/P&WA had not violated the FMLA. I think not. I firmly 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 my child care issues were my primary stressor in direct relationship to my MDI, or specifically in FMLA language my “serious health concern” (SHC), I should have easily prevailed during both of these DOL investigations.

These suspicious findings were made despite the fact that at least the USDOL has a memorandum of understanding (MOU) with CHRO. In fact, I did solely initiate both of these FMLA complaints and even though I had already retained Gardner, she never got involved in these DOL investigations whatsoever. The declinations of which I now am convinced was designed to eventually and quite successfully weaken my case in federal court.

And the USDOL- Office of Contract Compliance Programs (OFCCP) concerning my complaint #B980030 that completely failed act and did not provide me with the most vital leverage of “leveling the playing field” on my behalf against this huge federally subsidized defense contractor way back in 1998, again despite the fact that they have an MOU with the CHRO. Therefore, in effect the OFCCP literally facilitated this blatant fraudulent act of OOJ committed against Judge EBB that consequently leaves me to this very day fighting a lopsided legal nightmare against this Goliath. And here again, Gardner did not get involved in this OFCCP complaint whatsoever that I did solely initiate, despite the unmistakable fact that if they had properly acted and withheld UTC’s lucrative federal contract payments that would have undoubtedly forced an immediate settlement and put money in Gardner’s own pocketbook.

Moreover, in November of 1998 the then USDOL Secretary of Labor Mrs. Alexis Herman somehow issued UTC the prestigious “Opportunity 2000 Award” identifying them as supposedly some kind of “civil rights highroader”.The USDOL gave UTC this prestigious award at the exact same time the CHRO had revealed the heinous facts of this story indicating the complete violation of my civil rights. And to add insult to injury, at the exact same time UTC received this award and all these wonderful accolades while enjoying record profits, I was being admitted to the Institute of Living in Hartford, CT. suffering from severe suicidal depression.

I believe all of these facts clearly suggest that the entire USDOL may have acted in collusion with UTC so as to obstruct justice and intentionally suppress all of their illegal activities. And I firmly believe that the USDOL’s obvious motivation in participating in this blatant act of OOJ was that in reality, it was designed in part by the USDOL to suppress their own unethical if not illegal behavior, specifically all three issues cited above. And therefore too simultaneously maintain UTC’s “spotless record” and “no news” concerning ethics violations as recently proclaimed by UTC CEO Mr. George David in Business Week magazine. This while he enjoys his obscene $89 million dollar annual salary and my family has relatively nothing.

In addition, I did solely make a complaint in 1998 against my former International Association of Machinists (IAM) union at the National Labor Relations Board (NLRB) case #34-CB-2184 concerning their blatant miss-representation and ultimately complete failure to properly arbitrate on my behalf. The NLRB did absolutely nothing for me. These were some of the critical and quite suspicious decisions made by state and federal agencies that Judge EBB and the jury did not hear anything about, which would have clearly indicated this conspiracy to obstruct justice right there in federal court. Therefore, I contend they are very much involved in this criminal act of OOJ clearly knowing their actions were eventually going to be utilized to intentionally defraud a federal judge.

I have also discovered more exceptional and significant related facts. I have located two other former UTC employees who were also “represented” by attorney Gardner during their own disability discrimination lawsuits against UTC. These gentlemen had both been employed at UTC’s Sikorsky Helicopter division and also have indisputable evidence that Gardner intentionally forfeited their hands during their trials in federal district court.

In general, they both described to me the same exact experience that I encountered concerning Gardner’s “representation”, in which for some unexplained reason she blatantly suppressed the most important evidence during their trials that would have supported their cases, and therefore lined her own pocketbook. These gentlemen have also had their lives and families devastated by an identical, unethical and illegal situation. One mans name is Mr. Daniel Peck and his case number was civil action 3:94 CV 01360 (CFD). The other mans name is Mr. Al Yurevich and his case number was civil action 3:97 CV 01831 (JBA).

In fact, Mr. Yurevich informed me that Gardner’s husband, in which she does share his surname on legal documents is Mr. William Riordan who apparently is a well paid vice president at P&WA no less. Mrs. Gardner/Riordan absolutely never disclosed these pertinent facts to me whatsoever. In effect, attorney Barbara E. Gardner is literally UTC’s Trojan horse just laying in wait at 843 Main St. Manchester, CT. for the next victim of their vicious employment discrimination to come along and mercilessly destroy their case and family.

This information coupled with the fact that Gardner never made the fundamental request that Dr. Poliner and Mr. Grout testify during the CHRO investigation as well as suppressing the significant detail of the illegal denial of the FMLA, indicates to me that my case and family were doomed from the start, since she was obviously collaborating with UTC long before I even walked through her door way back in 1998. A case of employment discrimination like mine is truly a nasty and dangerous form of business, especially when you add into the conflict charming snakes lurking in the grass like attorneys Gardner, Ellis and the entire law firm of DB&H.

________________________________________________________________________

After I confirmed the existence of this conspiracy to obstruct justice with Gardner’s disingenuous appeal attempt and commencing in early 2003 while simultaneously analyzing the subject trial transcripts and dealing with my bitter divorce, I did follow up and make many additional complaints at the higher echelons of the various state and federal agencies in question with the erroneous belief they would help me. I consider this very precious time consuming exercise in futility as all part of Mr. O’Connor’s strategic diversion, in particular to my timeliness of filing this very motion, that at the very least I assume any other unbiased U. S. Attorney most likely would have suggested I do immediately.

The first complaint I will note was at the USDOL - Office of the Inspector General (OIG) Mr. Gordon Heddell. I had requested that he investigate and discipline all of the highly unethical activities of the officials and employees of the various USDOL agencies. Mr. Heddell did absolutely nothing for me concerning this scandalous behavior of the USDOL representatives involved who all blatantly acted in UTC’s behalf by simply exercising his “discretionary authority” that apparently simply allows the USDOL-OIG to arbitrarily ignore any and all unethical behavior committed by USDOL employees.

Since the USDOL-IG completely failed to act by exercising his completely open to abuse “discretionary authority”, I then made a complaint against the IG Mr. Heddell at the Office of the Presidents Council on “Integrity” and Efficiency (PCIE) case #IC 426. As with every other state and federal agency mentioned, I sent the PCIE a full set of all my documents and did make them aware of Mr. O’Connor’s significant role and all of his unethical activities. The PCIE did absolutely nothing about this act of OOJ and fraud committed against Judge EBB.

Apparently all I accomplished with this complaint process was to determine that the PCIE is just another useless federal agency, except with a rather glaring misnomer included in their title. Therefore, as with every other state and federal agency that I have encountered over the last nine miserable years, evidently President George W. Bush and his PCIE/administration have absolutely no integrity whatsoever as the world now witnesses them involved in far-reaching questionable behavior. Personally I consider George W. Bush and his entire administration as some of the most corrupt criminals this country has ever seen and the facts of my case clearly support my opinion.

And this leads me directly into all of the unethical, if not illegal events transpiring here in the state of Connecticut regarding my situation, in relationship to the now deposed in shame former governor John G. Rowland. First and foremost, it was none other than the confirmed corrupt governor Rowland who did in fact recommend Mr. O'Connor to President Bush so as to appoint him the powerful position of U. S. Attorney. And again, one of the very first things Mr. O’Connor did in his office was to strategically divert me and ignore this blatant act of OOJ committed by his own law firm DB&H while representing UTC. In addition, Mr. Rowland had extremely close ties to UTC since prior to his election as governor he was first a member of Congress serving on the all powerful House Armed Services Committee sponsoring UTC to be successfully awarded lucrative federal contracts for the products I toiled 19 years developing. And subsequent to that powerful position for the two years prior to being voted governor, Mr. Rowland was a well paid and influential lobbyist for none other than UTC.

And I see a direct relationship between the corrupt Mr. Rowland all the highly questionable decisions made by every state agency I have filed complaints at that were obviously dominated by him and therefore UTC. This would be commencing in1998 with the state DOL’s very suspicious denial of my valid complaint against P&WA concerning their illegal denial of my FMLA request and the ensuing retaliation thereof. In brief sum total, I have made the following complaints at the following state of Connecticut agencies;
· The State of Connecticut DOL – reference FMLA complaint #FM 9833.
· The State of Connecticut Ethics Commission – reference complaint #2003-10 against the state DOL employees involved in FM-9833. And concerning their absurd notice of dismissal for “lack of jurisdiction”, I just noticed this decision was seconded by one “Commissioner O’Connor” whose first name apparently is John. I have yet to determine if he was in some way related to Kevin J. (perhaps “John”) O’Connor.
· The Attorney General Mr. Richard Blumenthal and his office that was also carbon copied my October 2002 letter to Mr. O’Connor.
· The State of Connecticut Chief States Attorneys Mr. Christopher Moreno and his office concerning the act of OOJ.
· The newly created State of Connecticut Public “Integrity” Bureau concerning all my valid issues.
· The State of Connecticut Criminal Justice Commission concerning all my valid issues.
· The State of Connecticut Statewide Grievance Committee (SWG) and all it’s affiliates and agents – reference grievance # 04-0041 against attorney Gardner
· The newly appointed Chief Disciplinary Counsel (CDC) Mr. Mark Dubious – This position was created in 2004, primarily if there were accusations of criminal misconduct alleged in grievances at the SWG. And despite the fact that I did allege that this criminal act of OOJ was committed during CV 3:99 1290 EBB on the very first page of my grievance #04-0041, Mr. Dubious asserted in writing that supposedly I had not.
· The State of Connecticut - State Police no less

Every one of these state agencies, except the CHRO made decisions that were blatantly biased in UTC’s favor, therefore totally ignoring the act of OOJ. Consequently, I believe this indicates that Governor John Rowland and his entire administration may have also acted in collusion with UTC so as to create and participate in this blatant act of OOJ. And not surprisingly the committee that “investigated” Mr. Rowland prior to him voluntarily stepping down totally ignored me and my primary issue being the act of OOJ.

I firmly believe that Mr. O’Connor and ex-governor Rowland are/were completely dominated by UTC, and it is all a cozy club in which UTC basically owns almost every influential state and federal official here in Connecticut. And I believe that the present administration of Governor Jodi Rell is just as corrupt and absolutely nothing has changed here in “Corrupt-i-Cut”.

And I firmly believe that Mr. O’Connor is well aware of all these unethical decisions that were made, since most likely it was his own partnership DB&H that compromised them all. In particular, these primary decisions made prior to the federal trial by the NLRB and the state and USDOL between the years 1997-2000 when Mr. O’Connor was actively working at DB&H, therefore indicating his own possible involvement in this specific activity.

In fact, some of the most recent and quite exceptional related events occurred at the SWG. Specifically, after I had quietly left the offices of the SWG committee on 8/25/03, I found myself being literally harassed and ultimately arrested by the Connecticut State Police with a totally unfounded allegation that I had supposedly “breached the peace” at the SWG office. I did absolutely no such thing. And the sworn written statements by the SWG employees making these false allegations against me completely contradict themselves, therefore clearly indicating that they lied through there teeth when making their bogus complaints.

Moreover, the State of Connecticut Department of Public Safety, that in effect is the State Police, destroyed the audio tape of my resultant booking session performed at Troop H Hartford, wherein they had reduced me to tears with this cruel harassment. In particular, by interrogating me in their lousy cage, while grilling me if I had any family left here in the State of Connecticut. In fact, when I questioned the State Troopers if my booking session was being recorded, so I could use as evidence against them, immediately and for absolutely no other reason they raised my bond for release from $1,000.00 to $5,000.00! Consequently, immediately upon me release I requested a copy of the tape recording of this outrageous event under the Freedom of Information Act (FOIA) to use as additional evidence for my defense in this matter. They simply refused to give me this tape when telling me they had destroyed it long before my court date. I was eventually found supposedly guilty in the State of Connecticut Superior Court system and ended up on probation.

I am convinced that this outrageous event was at least a clear attempt to intimidate and deter me because the SWG, and therefore everyone else involved, clearly knew I already had most of these irrefutable facts and was still pursuing justice in this situation and correctly assumed that I would eventually uncover the missing details being these pretrial “statements of counsel”.

Moreover, my comprehensive education in UTC’s scandalous strategies suggests to me, since I did absolutely nothing wrong that day at the offices of the SWG that these State Troopers were possibly attempting to provoke genuine violet behavior out of me, recorded on that audio/video tape I requested, so as create “legitimate” charges against me. Because I know for a fact that Grout’s own son is a member of the State of Connecticut State Police! I believe it is a truly frightening thought having this person in an armed position of perhaps distorted authority rolling the highways of Connecticut given the disturbing facts of this story concerning the person who sired him.

Therefore, I believe facts suggest that he, and Mr. O’Connor could have been involved engineering this unjustifiable arrest on 8/25/03 attempting to obstruct my pursuit of justice. And this would obviously be because he clearly knows his father is deeply involved in this act of OOJ and blatantly perjured himself in federal court while trying to make a fool out of the Honorable Senior Federal Judge Ellen Bree Burns.

In addition, I had subsequently politely requested in writing to Judge EBB asking if she would be my primary witness in my SWG grievance complaint #04-0041 that I filed against attorney Gardner shortly after my unjustifiable arrest of 8/25/03. I had also errantly carbon copied Mr. O’Connor’s office with this request to Judge EBB before I realized his close allegiance to DB&H/UTC.

First and foremost, the CDC Mr. Dubious did absolutely nothing to assist me whatsoever and he completely violated the newly updated 2004 Connecticut Practice Book, in particular not supporting me with my request to have Judge EBB act as my witness and answer some of my questions. And this was before my discovery of the pre-trial “statements of counsel”, in which my primary question to Judge EBB was what exactly Gardner had told her about the biting incident prior to the beginning of the trial. This absolutely key event which my entire case revolved around. This was because I had correctly inferred when reading the trial transcripts, that something must have said by the co-conspirators at the very least about this key event prior to the testimony phase of the trial.

And before Judge EBB could answer my questions, apparently U.S. Marshall Bardelli and his Deputy Dorsey intervened, instructing Judge EBB to completely decline any involvement whatsoever in my grievance #04-0041. And when I followed up with Deputy Dorsey he fully admitted what they did and then proceeded to threaten me. Deputy Dorsey said and I quote; “Mr. Elliot stay away from Judge Burns. You do not want to be accused of harassing a federal Judge!”

Therefore, not only did Mr. O’Connor fail to recuse himself and completely ignore my truthful allegation in late 2002 of the act of OOJ committed by his own law firm DB&H, I believe these facts suggest that he may be actively acting so as to obstruct justice sitting in his right there in his office as the U. S. Attorney no less. This is simply because I had fully informed Mr. O’Connor’s office in writing of this request and the U.S. Marshal Service are primarily his agents.

All these people blatantly attempted to obstruct me and therefore justice in this lawsuit because they clearly knew I already had most of these facts proving the act of OOJ as fully documented in grievance #04-0041, which by the way ended with a highly questionable finding of “no probable cause”. And these outrageous events clearly tell me that I would never prevail against UTC’s sacrificial lamb attorney Gardner (or Ellis) in a legal malpractice action here in her own state judicial clubhouse here in the State of “Corrup-i-Cut”. Moreover, I have talked to enough lawyers about the subject case to determine that no one wants to challenge UTC and their peer the highest ranked attorney in the state of “Corrupt –i- Cut” Mr. O’Connor, especially at this late date. Although the hard lesson learned is that I cannot trust any attorneys whatsoever, in particular my own District of Connecticut U. S. Attorney and you are entirely on your own when fighting a defense contractor.

I believe their ultimate goal was specifically to prevent me from filing my pending motion to reopen and set aside the judgment in relationship to at least the federal rules of civil procedures 9, 11, 59, 60, 61 and 73 that specifically addresses judgments that are rendered null and void due to fraud committed against the court. And what I interpret reading the statutes as the wide-ranging authority of federal judges to act upon their own trustworthy initiatives when presented with valid reasons such as this act of OOJ to do as they must to rectify a substantial injustice such as this one committed against the Elliot family.

And the there is no doubt in my mind that Mr. O’Connor, when notified by DB&H’s attorney Zakarian after he receives his copy of my motion will most likely want to intervene again, since he and his client’s motivations are now maximized to suppress the whole outrageous, unethical, and illegal situation.

In short, the Elliot family has been totally sold out in effect by every state and federal agency that I have contacted, except the CHRO. As far as I am concerned being a long time dutiful taxpayer, I literally financed the demise of my own family since all these governmental agencies completely abandoned the Elliot’s and fully supported UTC.

And as much as I despise Grout for his appalling condition and program of H&D, that anger is eclipsed by the hatred I feel toward these state and federal agents that have no justifiable excuse for their unethical behavior. Because the illegal demise of the Elliot family was the direct result of the intentional denial of justice and ultimately a fair trial in front of a jury of my peers that was facilitated by these civil servants equal, if not greater malicious human intent when acting unethically to subject me to the ensuing exacerbated nine year suicidal nightmare.

It is truly a sad day in this country when a sick employee of a defense contractor intentionally attempts to provoke a caring and devoted, disabled and depressed father to commit suicide over his child care issues and moreover to have this team of state and federal agents blatantly act to suppress his deviant behavior. And as a loving father the most agonizing part of the story was that largely due to this unethical governmental support that bastard Grout did achieve most of his sick goals, the first of which was to finally drive my innocent children out of the “American Dream” in tears. And moreover, to successfully strip them of a truly happy childhood and subject the entire Elliot family to the sorrow and anguish of destroying our promising little family, while dying an extremely slow and excruciatingly painful illegal death.

And again, please note that this lawsuit was certainly not merely about my job and disability. In reality, it was about a disturbed little man who was utterly intoxicated knowing he had the knowledge, power, and the first hand experience provided by the suicide of my fellow P&WA employees, Mr. Louis Verbryke and Mr. Ron Cady, that by manipulating our livelihoods he could literally act as judge, jury, and indirect executioner. And I believe my fellow ex-employees at P&WA would readily agree that if I had blown my brains out on 5/16/96 or 6/6/96 that would have been the unspoken, but truly defining moment for Grout in his infamous career imposing his deviant will upon us. This is because Grout was in fact “almost a doctor” simply utilizing his extensive education in the pertinent school of psychology in this truly demented fashion that was financed and approved by UTC. As far as I am concerned it was Grout with the gun against my head that he simply handed Mr. O’Connor when he comfortably retired, and O’Connor has been holding it there ever since just waiting for me to pull the trigger.

And the question now is can UTC get away with suppressing this story of Grout’s heinous malicious intent by utilizing there vast resources and breaking absolutely every moral, ethical, and legal law in the book as I proclaimed them doing on 5/19/1997. In which, unbeknownst to me at the time was the sheer scope of their reckless indifference inasmuch as they had just gotten started with this convoluted conspiracy that in fact was all created specifically to commit this crime against the honorable Judge Burns. I positively need her help bringing UTC to justice as I could never do it alone, in which I have undoubtedly been acting the whole time. Because my most important ally being my wife and I were creatively divided and therefore completely conquered way back in May 1996 as we continuously fought each other and not UTC.

I believe if there is any integrity left at all in our democracy it is within the independent federal judiciary. And I truly believe that the honorable Judge Burns is a woman of the utmost integrity and I have implored her to expeditiously grant these motions and therefore restore not only my faith in our American society and justice system, but in fact my life. I can only sustain my sanity with my full confidence in her impeccable integrity to finally bring P&WA/UTC and now their representatives DB&H who defrauded her to justice. I believe that no disabled and depressed American citizen/father and his family should ever be subjected to this sort of true living hell.

I have been literally robbed of my life by this cruel conspiracy to suppress the simply truth that I was merely trying to fulfill my duty as a responsible parent to care and protect my children while dealing with my federally recognized disability and depressed state of mind. And unfortunately, I will never be able to simply forget this illegal story that is thoroughly engrained in my sole while possessing all this irrefutable proof of the illegal demise of my family and simultaneously watching UTC continuously celebrate record breaking federally subsidized profits derived from the fruits of my youth when diligently developing those military aircraft engines I see flying for “truth, justice, and the American way”. The same exact very valuable privileges that the Elliot family formerly of Hebron, CT. has been illegally raped.

Again, I will be soon posting a copy of the portion of my “motion to reopen and set aside the judgment” describing Grout’s heinous harassment and discrimination and the act of OOJ wherein they completely defrauded the honorable Judge EBB. I will also be posting the honorable Judge EBB’s decision concerning these motions.