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Part III of our translation into English of the Haitian Senate Special Inquest Commission Report, which concluded that President Martelly and Prime Minister Lamothe should be impeached, continues below. It continues from Part II, The Facts: https://miningawareness.wordpress.com/2013/08/17/report-by-the-special-inquest-commission-on-the-troubling-death-of-judge-jean-serge-joseph-part-ii-the-facts/


Berlens Joseph, assistant to Judge Jean Serge Joseph, who was also heard by the RNDDH, four judges of the CSPJ, and other entities in the context of the investigation, was born the 19-10-1988.  He always accompanies the judge in his vehicle, in his apartment in Cabaret and in his home in Estère.  Berlens (aka Lil’ Mouse [Ti Sourit]) declares:  “I have known the judge since 1999.  He sent me to school, I helped him, I was managing a cybercafe for him, additionally he asked me to accompany him when going to Port-au-Prince….the judge’s habits: on work days he left around 6 in the  morning to go to the office,  the judge returned at 4 to 5 in the afternoon.  He never slept in Port-au-Prince, he slept in Cabaret.  The judge always drove the vehicle himself, there was never a chauffeur.[1] 

He often was talking with Mr. Madisten about advice on how to approach the dossier which concerned the wife and son of Michel Martelly, together with the Ministers who should appear in court.  

Thursday July 11, 2013 in the morning, Judge Serge went to the courthouse, he said he had to go to Cabaret, additionally he needed to ask his wife permission to go meet with the Minister of Justice the same day in the afternoon.  The Chief Judge called Judge Serge around 2 in the afternoon so that they can have a meeting at the Parquet [Prosecutor’s Office].  Once arrived at the Parquet, the Chief Judge had his vehicle there with neither chauffeur, neither security, he had on a blue suit, a white shirt with a red tie. The motor of the Chief Judge’s vehicle was already running. The Chief Judge is a man who speaks with a pointed (sharp) tongue.[2] The Chief Judge’s vehicle is a white Nissan Patrol with tinted windows.[3] The Chief Judge said to Serge, that he does not need to go with security, as he was getting into the Chief Judge’s vehicle.  It was around 3 o’clock, half past 3 in the afternoon…  When they moved, there were two other vehicles which took off behind them.
(Photo of a White Nissan Patrol by CEFICEFI via wikimedia) http://en.wikipedia.org/wiki/Nissan_Patrol

Sunday, 1 September 2013

When they returned around 6 in the afternoon, Judge Serge asked me to take the rice which was in his vehicle and put it in the vehicle of the Chief Judge.  It was 10 marmits (i.e. 60 lbs; 27 kg) of rice in a fertilizer bag, which was marked “agro-sèvis” (agro-service).  While we were on the road to go to Cabaret, I heard Judge Serge talk with Mr. Madisten. I heard Judge Serge say that he was returning to Canada.  He said to Mr. Madisten that it was in the Office of Mr. Gary Lissade that he met with the authorities.  I heard him cite the name of the Minister of Justice Jean Renel Sanon, President Martelly, Prime Minister Laurent Lamothe [and] with them still other men who he met there.  The other men, they were lawyers, but I do not recall their names.  On the road, several times Judge Serge’s telephone rang and I heard him say Chief Judge, as though it was with the Chief Judge that he was speaking. [4] 

When we arrived the evening of that same Thursday, he told me to go buy Gatorade for him with a gallon of water.  During that night, he was never able to sleep, he drank the whole gallon of water, he told me he felt that his stomach was hot. [5]   

Monday, 2 September, 2013

On Friday July 12, 2013, in the morning, Judge Serge told me the Chief Judge told him he needed him urgently.  People were not at the courthouse that day because of Tropical Storm Chantal.  

(NB: video is not in original document)

When Judge Serge arrived at the courthouse, [and] he finished speaking with the Chief Judge, I saw Judge Serge call several other judges to speak with them, such as:  Judge Lama Belizè, Judge Wilnè Moren, Judge Bèj O. Sipri, Magistrate Yanik.  He spoke with a lady who is not a judge and I heard him call her Keti or Ketli.[6]  

It was about 2 in the afternoon that Judge Serge said that we were going to Cabaret; we left Cabaret to go to Estere.  Then we arrived in Estere; he was going to take his wife, his daughter Jessica and we would return to Cabaret, because Judge Serge said that he was taking his wife to the doctor’s on Saturday, July 13, 2013, in the morning.  

During that night, I did not sleep in the same room with Serge, it was Jessica, his little girl, who is 11 years old, who came calling me in the next room where I was sleeping, around one in the morning to tell me that her papa (father) was sick.  When I went down Judge Serge told me he was dying, he was not able to speak well, he was losing his speech, he poo-pooed on himself, he pee-pee-ed on himself, he sweated a lot, water was running from his eyes, he said he couldn’t see well, he saw double, he tried to take a paper to write, he was not able to write, his hand let go, he just lost consciousness.  His wife went to do what was needed to get the police vehicle.  The police said there was no gas in their vehicle, we were obliged to get into Judge Serge’s vehicle, who we carried, we carried Judge Serge who continued to poo-poo on himself, he vomited in his vehicle, on all his clothes, [along] with all our clothes [of those] who were carrying him there.[7]  We were going to take him to the Petifrè (Petit frères) hospital, but the police said the Bernard Mevs hospital was closer.  We arrived in the hospital about 2 in the morning.  They examined him, they did a test for him.  The Judge let out a single breath.[8] After they finished doing their analysis, they said that he was going to die.  It was around 7.30 in the evening of the Saturday, July 13 2013 that the judge died in the Bernard Mevs hospital.  After his death, his family decided to take his body and return with him to Estere to place him in the Merite morgue.  I do not know where the body is now.  

Tuesday, 3 September, 2013

Ketly Julien, in charge of the IMED [9], met the Commission around 11:30 in the morning the 19-07-2013. She declares:  “I happened to find myself in the Tribunal of First Instance of Port-au-Prince on the day of Friday July 12, 2013 around 12.30, in the context of support for the Office of the Investigating Judges at the Trial Court, for whom our organization furnished office materials with internet service. Judge Serge was in face-to-face discussion with the Chief Judge, when I crossed paths with him.  When I looked at him, he told me that he had urgent need of me, that same day. I was talking a little with him in the hallway.  I told him: I do not understand your face, it seems you are sick, or need a little rest. I saw his face was colorless, like someone who is very tired.  I told him that I cannot stop.  He insisted, he told me that today we need to talk.  I told him I am coming back later. Indeed, I returned, it was already around 2.30 in the afternoon of the same day, Friday, July 12 in the office of Judge Serge.  The clerk of court was gone.  He told me there was a first meeting in the week to plan the other meeting with the Minister of Justice in the Office of lawyer Gary Lissade.  I responded:  I cannot believe that you went to a meeting there Serge.[10]  He told me:  little one, I am in trouble, this thing is deadly.  He told me, it’s not just lawyer Gary Lissade who was in the meeting there with the Minister of Justice.  There was also the President Michel Martelly, with the Prime Minister Laurent Lamothe. He told me it is the first time I found myself in such a situation. He said that while Michel Martelly was talking with him, he [Martelly] intentionally had spit coming from his mouth which was falling on my [the Judge’s] face, and additionally he [Martelly] was passing his fingers before my face while he [Martelly] was making threats, with all sorts of words to try to humiliate me.[11]
Judge Serge Joseph

Tuesday, 4 September, 2013 

Judge Serge continued to tell me, that he tried to explain to them that the dossier was not in his hands anymore, but they demanded that he put an end to the dossier for Tuesday July 16, 2013 at the latest.  Judge Serge told me, that it was only lawyer Gary Lissade who took a little pity on him, after that, all the others, they were aggressive with him. For what concerns Martelly, he was very vicious with lots of bad words.  So, myself, Ketly, I asked Judge Serge how it is that he went to that meeting.  He told me, that it was the Chief Judge Raymond Jean-Michel who advised him, who accompanied him, additionally it was in the vehicle of the Chief Judge that he went together with the Chief Judge.  Additionally he told me:  Ketly, I felt I could die.  There were things which were still more serious, That is the order they gave the Chief Judge and who was in agreement that the dossier be ended Tuesday July 16, 2013.  Serge continued to say:  Well, I was looking at how I could get around the question, for I was able to ask the people there, so ‘Sofia with Olivier Martelly, together with the Ministers, they will go down to the courthouse there so that I will make them pay a fine if they do not come, additionally I will look for a way to dispose of the dossier.[12] So, myself, Ketly, I proposed to Judge Serge, to write everything to me in a declaration on paper, I agreed with him that I would record him, I was going to film him too in order to spread the case to the media for his protection….He was in agreement.  We made an appointment for me to pass by his house in Estere on the day of Saturday, July 13, 2013, about 8 in the morning…Saturday before 8 in the morning, I called Judge Serge, it was a lady who answered to say that Judge Serge was sick, he was in hospital.  So, I called the Chief Judge Raymond Jean Michel.  He did not answer.  I called him again, he didn’t answer.  It was only Sunday, July 14, 2013, that the Chief Judge calls me and tells me he was at church, that is why he was not able to answer.  I profited from it to tell the Chief Judge, Judge Serge had told me that it was him, the Chief Judge, who organized the meeting there, additionally it was him the Chief Judge who accompanied Serge to the meeting.  The Chief Judge doesn’t respond anything.  He only speaks of the office material case with the internet that we started speaking of Friday.  I call Judge Bernard Saint-Vil  who told me yes, he confirmed that it was the Chief Judge who took Judge Serge to that meeting.  Judge Bernard Saint Vil himself was in agreement with me that it was necessary for there to be an inquest commission set up to determine who was responsible…. 

I myself, Ketly, I was not speaking on the radio.  It was when I heard the declaration of the Chief Judge Raymond Jean Michel on the radio, the part where he declared that there was never a meeting, I felt outraged, that was what made me decide to say on the radio on Tuesday July 16 2013 everything that I can about the case.  I made myself available to appear before the court (tribunal) so that I can testify.   

Thursday, 5 September 2013

Samuel Madistin, Esq. (lawyer) was heard by the Senate Commission on Friday the 19th of July 2013.  The former Senator Madistin reminded us that he had already sent us a letter in which he testified in writing, and consequently, he was ready to come to the [Senate] tribunal (court) [13] to confirm what he had written.  

Samuel Madistin told us that Judge Jean Serge Joseph had confided to him that during the meeting on Thursday the 11th of July 2013, in a surge of sympathy and pity by Gary Lissade, Esq. (lawyer) towards Judge Serge, this advisor of Michel Martelly, took the care to fill out by pen his business (visiting) card which he gave to Judge Jean Serge Joseph.  This businesse card exists….

Mr. Madistin drew the attention of the commission members to an employee of the Parquet, named Figaro, who was speaking with Serge.  Judge Serge said this to Figaro:  “you see which vehicle I am getting into, in order to leave, it is in the Chief Judge’s vehicle…”

Samuel Madistin, Esq. (lawyer) promised us to help us approach the family of the mourned deceased for the continuation of the inquest.  

Saturday, 7 September, 2013

[ It seems that Martelly-Lamothe supporters in the Senate continue to keep this Senate Report about Judge Joseph’s Death from being officially presented in the Senate. Since 1/3rd of the Haitian Senate’s terms have expired, due to failure to hold elections, there are only 20 Senators left and it takes 16 to have a quorum. Hence, a handful of Martelly-Lamothe supporters can and are blocking presentation of this report.]

Sunday, 8 September 2013

[Our added comment: Below starts the testimony of the Chief Judge who most think is lying. Unfortunately, in the end it seems that one must believe the Chief Judge, Gary Lissade, Martelly and Lamothe or one believes Judge Joseph’s family and friends. We find it irksome that the Chief Judge told Ketly he was in church when she called and below mentions listening to a religious radio station. He seems to be using this as a cover to “prove” that he is “honest” and “holy”.]

The Chief Judge Raymond Jean Michel was heard by the Senate Commission on Friday the 19th of July 2013 from 1.40 to 3.29 pm.  Hence over a period of one hour and forty-nine minutes.  The commission apologized for presenting itself to ask for a hearing, when it had already written a letter requesting a hearing for Monday, July 22, 2013.  So, the Chief Judge called an official of the CSPJ (Supreme Judicial Council) to ask for authorization to receive the commission.  The authorization was accorded by telephone by Mr. Elibert (Esq.) of the CSPJ.

The Chief Judge declared:  “I am receiving you wearing two hats (in a dual capacity):  as a sitting magistrate, and as an administrator.    

The criminal trial court (Assize court) opened on the 8th of July 2013.  Judge Serge came by my office to tell me that he needed me on Tuesday the 9th of July 2013 while I was receiving the jury members with all of the difficulty that represents. Judge Serge insisted for he told me it is urgent and additionally it is confidential, because it is a strange situation…This was around 10.30 in the morning. I suggested that we go elsewhere to speak, without security, without a chauffeur.  So, we went, around 12.30, to the end of the paved road of the old labour court.  Judge Serge told me that he was a victim of authority already, where we were did not offer enough security to talk, rather we [should] go elsewhere. [14]  So, I went with him to the restaurant Table de Cajus, behind the museum.  Judge Serge asked me [a] question for he asked me, did I not receive any telephone calls?  I responded:  no.  Judge Serge told me Mr. Newton St. Juste with Mr. Andre Michel evoked article 400, nonetheless, the governmental lawyer did not reply to say if the persons were not able to come like that.[15] When we finished speaking, we returned to the Parquet, we did not eat in the restaurant.  

On Wednesday, the 10th of July 2013, around one in the afternoon, the president of the bar said we should do something, because the minister of education decreed a red alert because of hurricane Chantal.  I was obliged to suspend all hearings for 48 hours.  I returned home about 3.30 in the afternoon.  I was listening to the radio, radio Alelouya (Alleluia) FM.

On the date of Thursday the 11th of July 2013 about around 9 in the morning, the CSPJ called me so that it could authorize me to return to my court activities.  Around 10.30 in the morning, the CSPJ called again to verify that I arrived at the courthouse.    

Monday, 9 September 2013
(continuation of Chief Judge Raymond Jean Michel testimony)

Around 1.30 or almost 2 in the afternoon, Judge Serge called me, he told me he was coming over to see me.  He had been in his office already in the morning, he had left.  I didn’t see him.  When Judge Serge arrived at the Parquet, it was about 3.25 in the afternoon, he parked his vehicle.  Rigaud Duplan, Esq. (lawyer) was at the Parquet, even he did not see me.  Around 3.35 in the afternoon, Judge Serge got into my vehicle, and then he told me let’s go elsewhere again, meaning to the Table de Cajus Restaurant.  Judge Serge asked me the same question again, if I had not ever received any call either direct or indirect which came from the Executive Power.  I told him:  no.  We spent around 15 to 20 minutes in the parking of the restaurant where there were not many vehicles, and then we returned to the Parquet.  We did not ever go into the restaurant.  When we returned, I dropped Judge Serge in the courthouse parking, and then 2 gentlemen who were with him, they put a sack with 10 marmites of rice, took it out of his vehicle to put it into my vehicle.  

On that Friday, the 12th of July 2013, around 1.30 in the afternoon, I met in the Parquet with Ketly Julien along with Jacqueline Charles, of the Miami Herald [newspaper] on the project of the financing of office materials with internet.  It is IMED with USAID which offers the financing of it. Judge Serge came back several times, at least 7 to 8 times to my office when I was speaking with these ladies there.

Around 3.25 in the afternoon of the same day, Friday the 12th of July, Judge Serge called me while I was in the courthouse, to tell me that he went to Estere.  He gave me the private telephone number of his wife.  I left my office at around 4.30 or almost 5 in the afternoon, and then I arrived at my home about 5.30 or 6 in the evening.  Between 6.30 and 7 in the evening I went to church.  It was to the Baptist Church Chekina, in Delmas 33 that I walked.  I cannot drink much alcohol, I can drink a little Prestige beer, with beer called “President”.    

On  Saturday 13th July 2013 in the morning I took my wife to Ganthier-Beaugé to pray.  I called Judge Serge, but could not reach him.  I called again it was the voice of a woman who responded, it was the wife of the judge who told me that the judge was charging his phone, when he returned he would call me, it was already 9.30 in the morning.  I called again, without a response.  After I insisted,  they answered to tell me that Judge Serge was in the Bernard Mevs Hospital.  This was at 11.30 in the morning.  I said I was going to see him at the hospital.  In the meantime, Mr. Madisten called me to inform me about Judge Serge’s illness, he told me that it was a hemorrhage that had him close to death.  Around 8.45 in the evening they called me to tell me that Judge Serge had died.  I called Mr. Madisten who confirmed the death to me.  

On Sunday the 14th of July 2013, I called Ketly Julien who told me that Judge Serge said that it was me who took him to a meeting which included President Martelly, whereas there were only two times that I met with President Martelly.  It was on the 17th of October 2012 in a ceremony at Pont Rouge and on the 26th December 2012 when I went to greet the president.  Additionally, I am a judge since 2001, I have never yet gone in the Law Offices of Gary Lissade.  I was named substitute Commissioner of Port-au-Prince on the 9th of October 1976, after that to the labour court on the 10th of June 2001, after that sitting judge in the civil court from the 21st January 2003, and then I was named Chief Judge on the 16th of March 2012.  I never knew Judge Serge to suffer from any illness.  

[Our comment: The juxtaposition of Baptist church and alcohol is strange.  That woke us up! Conservative Baptists generally do not drink alcohol or at least do not admit to it.  We are pretty certain that Haitian Baptists tend to be conservative. This seems to support our belief that the Chief Judge is faking piety to make himself appear more honest. We also wonder why Judge Joseph could not lean over and whisper his one question into the ear of the Chief Judge, if this is all there was to the meeting.]  

10 September 2013

Messrs Bernard St. Vil and Berge O. Surpris, judges at the Court of First Instance of Port-au-Prince, were heard by the Senate Commission on the 19th of July 2013.  They declared:  Judge Serge went to that meeting.  In that meeting, Judge Serge said that the only person who was less aggressive, was Mr. Gary Lissade (lawyer), after that all of the others were brutal. He manifested the desire to return to Canada.  It was demanded for him to sit on Tuesday the 16th of July 2013 in order to overturn the decision that he had already taken.  He asked our advice if it was possible to overturn the decision.  We told him that he should not have gone to that meeting.  Judge Serge was panicked, he spoke with everyone about the dossier (case), even people who were not in the field of law.  He called Fanfan.  Then several other people who he saw when he was going to the meeting, like Fatal, like the Policeman Johnny.   

11 September 2013
[For Judge Joseph “no more the blazing hearth shall burn,
Or busy housewife ply her evening care:  No children run to lisp their sire’s return, Or climb his knees the envied kiss to share.” Gray’s Elegy

Rachelle Acélat Joseph, wife of Judge Jean Serge Joseph was heard by the commission on the 20th of July 2013 at Estère.  She hesitated a lot to express herself because she is fearful for her own security and for that of her daughter Jessica, whose father is Judge Jean Serge Joseph. After having built confidence in the commission, she declared: “on that Thursday July 11, 2013, Serge went to work. He called me around 2 in the afternoon to tell me that he was going to a meeting at Gary Lissade’s place [17], so that he would meet with the Minister of Justice. I told him not to go. He said that I should not worry because it was the Chief Judge who was taking him, he had confidence in the Chief Judge. When he left that meeting, he called me around 7 in the evening. In the evening of that Thursday Serge called me to tell me that he was not able to tell me what happened in the meeting right then because he suspected that there were people able to listen to what he was saying on his telephone. He told me that he was going to borrow another telephone so that he could call me. He went to sleep in Cabaret [town near Port-au-Prince[18].  

[We do not know if the Senate has reached quorum to present this text or not. While the Chamber of Deputies has just gone on break, the Senate intends to remain seated and “on watch” (that would appear to mean those who are showing up and not the pro-Martelly-Lamothe who have blocked quorum.]

Thursday, 12 September 2013

Friday, July 12, 2013, Serge went to work.  When he came to get us in Estere in the afternoon of the same Friday, July 12th, the people who were in the vehicle were myself, his wife, I was seated in the back with our little one Jessica, together with Anderson who got out of the vehicle when we arrived at Boudèt, additionally ti Sourit (lil Mouse) was sitting in front. I was there in order to go to the doctor, dermatologist on Saturday morning the 13th of July. Since Friday afternoon he had started to tell me what had happened on Thursday in that meeting. He told me that in the afternoon of Thursday the 11th of July, the Chief Judge stopped to call him to ask him where he was, because people were awaiting him. He told me, he asked the judge where people were waiting for him, is it in the Parquet?  The Chief Judge told him no it is not in the Courthouse, it is in Gary Lissade’s office. When Serge arrived at the courthouse, he told me the Chief Judge was already behind the steering wheel of his vehicle, additionally the Chief Judge told him he could neither go with a chaffeur, nor with security. He told me that they were the only two who were in that vehicle. Ti Sourit with Johnny stayed waiting in the Parquet.  He told me when he arrived in the meeting he saw Mr. Gary Lissade, the Minister of Justice Jean Renel Sanon, Michel Martelly, Laurent Lamothe with Mr. Vandal (lawyer). He told me Martelly attacked him, telling him:  around where are you used to seeing the president’s wife and son judged? 

Friday 13 September 2013

Related news from yesterday (not in the Senate Report):
Those participating in a peaceful sit-in before the Ministry of Justice and Security in Port-au-Prince Haiti were dispersed with tear gas by police on Thursday morning September 12, 2013. They were demanding that Enold Florestal, and his brother, be freed from prison and that his lawyer André Michel be allowed to leave the country (as need be – currently he is blocked), and Justice for Judge Serge Joseph. They were asked to leave the premises and refused because it was their constitutional right to be there and then tear gas was thrown at them by police. (Summarized-Translated from Alterpresse, 12 September 2013: “Haïti-Politique : La police disperse un sit-in de protestation contre Martelly à P-au-P”: http://www.alterpresse.org/spip.php?article15111#.UjJjHssaySM )

Saturday, 14 September 2013

Related News (not in original report)

On September 12, 2013, Judge Lamarre Bélizaire, who had Enold Florestal arrested, was suspended by the Port-au-Prince Bar Association for 10 years. http://www.lematinhaiti.com/contenu.php?idtexte=36815 http://www.lematinhaiti.com/contenu.php?idtexte=36653
Meanwhile, Enold Florestal still wastes away in prison.  

Testimony of Judge Joseph’s wife continues (we added bold):  

The Minister of Justice himself, he said that it was Mr. Vandal’s fault, because he pled the case badly. Serge said when faced with the pressure he was taking, he was obliged to agree that he was going to make a special correctional hearing to sit for the dossier on Tuesday July 16, 2013. When he finally agreed, the men there asked him what he was drinking. He answered that he didn’t need anything. The Chief Judge said: “you can drink just a little something, because I know you’d like something.” I told him, he should not drink nor eat from the hands of those people. And then he responded as I told him:  I already drank something. After that Serge told me he did not feel he was able to continue to sleep in the same place he usually sleeps, he felt that his life was in danger, he wanted to leave and return to the country of Canada.  Before he left the meeting there, Serge told me that Mr. Gary Lissade gave him a little card which had his telephone number and address.  Mr. Gary Lissade wrote with a pen, by hand, a special number before he gave him that card.  

In the evening of Friday, he wanted us to have sexual relations, but I did not want to. I slept on the little bed with Jessica, Serge himself, he slept on the other bed nearby.  During the night, around one in the morning, Serge got up to go pee-pee, I heard the bucket fall a first time, while he bent down to pick up the bucket, the bucket fell again. I got up to help him, because when he bent over he fell, I put him on the bed where I slept. His speech was slurred. I called the owner of the house who stayed nearby. I made Jessica go call ti Sourit who was sleeping in the room above, additionally I went to the Police Station to get help to get a vehicle to take Serge to the hospital. The police vehicle had no gas, I gave them the key to Serge’s vehicle. During this time, Serge poo-pooed on himself, he vomited, he sweated a lot. I called several in his family who are in the country of Canada with those in the country of Haiti.  There were those in the family who told me to go to the Canape Vert hospital with him, there were others who advised me to go to the Petits Freres hospital with Serge or even the community hospital. There was a policeman in the vehicle who said Bernard Mevs Hospital was the closest, to take him for first aid.  

Each year Serge always did his annual medical exam.  He never had high blood pressure, nor blood sugar problems, nor high cholesterol.  Dr. Serge Vètilis knows to check everything.  

When he arrived at Bernard Mevs Hospital, he continued to vomit, they took blood to do analyses, they said he was not suffering from blood sugar nor his heart, it was his blood pressure which was high.  They gave him a shot, they put serum for him.  Serge died.  Serge lost his life.  

Gentlemen, it is me with Jessica who lost…I beg you to help me get justice please.….

[We ask: “How long will justice be crucified” in Haiti “and truth bear it?” M.L. King: http://en.wikipedia.org/wiki/How_Long,_Not_Long ]

Sunday, 15 September 2013

8.  Fritz Joseph, heard the 20th of July 2013, is the older brother of Judge Jean Serge Joseph.  We discussed with him about the security of the body of the judge and of the steps which should end at the medico-legal autopsy.  Family agreement concluded the necessity that the autopsy be performed in the US and/or in Canada.  It appears that certain members of the Haitian government did everything they could to recover the body of the judge by force.  At a certain point, there were serious difficulties keeping the body from being sent overseas.  On the 20th of July 2013, the body still had not left Haiti.

9.  Doctor Serge Vertilus received the commission on Saturday the 20th of July 2013 at Saint-Marc.  The doctor confirmed that Judge Jean Serge Joseph did not suffer from any metabolic troubles nor from cardio-vascular problems during the several years that he was the family’s doctor.  The doctor went to see Judge Jean Serge Joseph at Bernard Mevs hospital.  He attested to a hemiplegia [paralysis on one side of the body], which corresponds to injury to the cerebral hemisphere.  Another doctor at the hospital tried to interpret the CT Scan image which corresponded with the patient Jean Serge Joseph, as an area [19] having invaded almost all of his right cerebral hemisphere.

Monday 16 September 2013

10.  Judge Jean Wilner Morin, who was heard by the Senate Commission on the 22nd of July 2013 at the Law Courts declared to us: My office is found facing the office of Judge Serge.  The office of Judge Serge always stayed open because there was no air conditioning there. Judge Serge always arrived early in the office, before me, because he was coming from Cabaret, he often arrived early. Myself, I arrive around 8.30 or 9 in the morning.  

After he made the decision to ask the Martelly family along with the government ministers to appear in the court, Judge Serge kept asking me if his decision was the right one. I told him the decision was good. Wednesday the 10th of July 2013, Judge Serge told me that the Chief Judge was inviting him to a meeting in the office of a lawyer, with other people – can he go.  I advised him not to go to the meeting.  Around one in the afternoon the same Wednesday, July 10, he told me he had just come from speaking with Mr. Madisten, who, he told me, was not opposed to the meeting, because it is the official authorities of the country; we are always able to have a dialogue. I did not see him on Thursday the 11th of July.  

Friday, the 12 of July 2013, I was taking my seat in the juvenile (child’s) court on Peyton road.  When I arrived, the room there was not air conditioned, I was not able to stay. I decided to return to join the Chief Judge in the Parquet to rule on affairs there.  I also met with the former Public Prosecutor Manès who called me to tell me this: you didn’t hear that Serge went to that meeting yesterday Thursday the 11th of July together with the Chief Judge and a group of other authorities who threatened him with a great amount of pressure?  When I crossed paths with Serge, I felt he was panicked, and then he told me:  my dear man, you were right, I should not have gone to that meeting there.  
[Our comment: So many witnesses and Martelly-Lamothe are still not being called to account! It is obvious there should be a trial (impeachment)! Truly mind boggling!]

Tuesday, 17 September 2013 (Judge Morin testimony continued)

When I arrived by the Chief Judge, the same day Friday July 12th, I took the opportunity to say to the Chief Judge that I knew he took Judge Serge to a meeting with other people about Mr. Newton [St. Juste]’s case, and that I know that the meeting there went badly.  The Chief Judge responded by saying:  it’s not like that it happened, I am calling you, so we can speak about all of that. The Chief Judge never called me.  It is for these reasons that, when I heard that Judge Serge died, I demanded the convocation of a general assembly of the judges.  [NB:  Mr. Newton St. Juste is one of the lawyers who represented Enold Florestal in his complaint against the Presidential family]  

When I arrived at the hearing, Mr Voyet(Voyet)[orig. is Vye] asked me to leave the dossier [20]. I was in agreement, I decided to return home. It was on Saturday the 13th of July 2013 in the afternoon, that my little family told me of the death of Judge Serge. I called the other judges for confirmation.  The former prosecutor Gasan confirmed the death.  I called the Chief Judge several times, he never answered the telephone.  

On Sunday the 14th of July 2013, around 3 in the afternoon, Chief Judge Raymond Jean-Michel called me to tell me that he was in church, that is what made him unable to answer the telephone.  The Chief Judge told me he heard many things were being said about the death of Judge Serge.  When I asked him for an explanation, he answered me by saying:  Judge Serge came to him to consult on the case.  So, to avoid too much up and down, he went with Judge Serge to the restaurant to talk.  When they finished talking, they returned to the court.  The Chief Judge continued to tell me he was shocked to hear them say President Martelly was even angry in the meeting, and that he was obliged to take drugs to calm himself.   

That’s all that I know of the case….

Wednesday, 18 September 2013  (related information not in Senate original)

The case, which Judge Morin mentioned in his testimony above, seems to be a copyright infringement case, rather than the case of the death of police officer Walky Calixte, as we had thought.  In the context of threats against Judge Joseph and allegations of corruption against the Presidential family this case does seem silly, so perhaps he was just fed-up and went home.  It would especially appear comparatively silly in the context of the French speaking world [21] and in an oral culture. Additionally, given that the accused has the same name as a well-known advocate of social justice and educating the disenfranchised, there may be a political dimension to this case.  The status of the high-profile case about police officer Walky Calixte’s death, being handled by Judge Morin, is unclear to us.  While the parliament blocked his attempts to lift the parliamentary immunity of two (Martelly-Lamothe aligned) Deputies alleged to be involved in the death, and more than one witness also died, the case could still move forward.  It is just that the Deputies cannot be punished for now. The lawyer for the Walky Calixte family is Andre Michel, the lawyer who filed the initial complaint against Sofia and Olivier Martelly, and who became one of Enold Florestal’s lawyers when he filed the case. [22]

Before presenting the account of the Minister of Justice Jean Renel Sanon, we would like to present some concerns which others have had about him.  These, in conjunction with the alleged threats against Judge Joseph and his subsequent death do not appear to bode well for the independence of Haiti’s judicial system.  According to the Center for Economic and Policy Research, 17 Oct, 2012:  “As the Miami Herald reported earlier this month, [Mario] Joseph and other lawyers may be the targets of political persecution by the Martelly government. Chief Prosecutor of Port-au-Prince Jean Renel Sénatus claims Haiti’s Justice Minister Jean Renel Sanon fired him after he refused to issue an arrest warrant for Joseph and 35 other ‘political opponents.’   The Herald also reported that Senatus also said that Josue Pierre-Louis, a presidential legal advisor and head of the six-member electoral council, asked him to serve warrants against two attorneys — Newton St. Juste and Andre Michel — who have brought corruption complaints against the presidential family and members of Haiti’s government. /  Sanon, Sénatus claims, said the arrest warrants ‘would make the President very happy.’ The reported arrest warrants followed Joseph’s summoning by Investigating Judge Jean Wilner Morin of the Port-au-Prince Trial Court in September to appear for questioning in what appears to have been another effort at harassment and intimidation.http://www.cepr.net/index.php/blogs/relief-and-reconstruction-watch/public-support-grows-for-threatened-human-rights-attorney-mario-joseph

Within the last week, the Public Prosecutor of Cayes was fired, shortly after arresting Events (Evinx) Daniel, said to be close to Martelly, for alleged drug trafficking.  Guilty or not, it is not surprising that Events Daniel was released. On September 15, 2013, Jean Monard Metellus published an article entitled “Nous sommes aujourd’hui dirigés par des dealers et des bandits; il faut que cela cesse et au plus vite’, Gabriel Fortuné”  (‘We are today led by dealers and bandits; this must cease as soon as possible’, Gabriel Fortuné)  In this article, it is remarked that Gabriel Fortuné, a former Senator, from Cayes, was very acid on Saturday towards the power in place,  which had made him a departmental delegate (he stayed only a few weeks), and he didn’t mince his words when reacting to the latest development in the scandal related to the arrest of a friend of President Michel Joseph Martelly in a marijuana case:  “Everyone denounces the power which took it upon itself to liberate the trafficker (Events Daniel) and of the dismissal of the public prosecutor who had arrested him…” Gabriel Fortuné advised the Senate of the Republic to indict the Minister of Justice (Jean Renel Sanon) who he feels soils the image of the judicial institution.  The public prosecutor for the Civil Court of Cayes, fired by the Martelly-Lamothe Administration, said that he couldn’t believe his ears.  The shocked Jean Marie Junior Salomon asked how can a man who has always done his work correctly could be fired simply because he tried to apply the law? Salomon recalled having worked, as a lawyer and defender of human rights, for the liberation of partisans of President Martelly arrested after incidents following the announcement of the results of the first round of elections.  He noted that “the power is in the process of cutting down the tree upon which it has been sitting”.  He alleged that Events Daniel already threatened to make him pay for his “impertinence”. http://www.radiotelevisioncaraibes.com/ranmasse/nous_sommes_aujourd_hui_dirig_s_par_des_dealers_et_des_bandits_i.html (original in French; the above is our translation-summary of an excerpt of this article by Jean Monard Metellus).    

Thursday, 19 September 2013 (continuation of the Senate Report)

11.  The Minister of Justice, Mr. Jean Renel Sanon, who was asked by the senatorial commission to come with officials of the USP [Presidential Security Unit], the USGPN [General Security Unit of the National Palace], of the CAT TEAM [special security to the President and former Presidents], had not informed the director of the Police that he should alert these officials. The director of the Police confided that the Minister of Justice had not informed him. During the meeting, the director of the police even tried to call these officials by phone. But, the Minister of Justice ordered him not to keep trying, because these officials probably went with Michel Martelly to Cap Haitian this Monday the 22nd of July 2013. (bold added)

[“Aside” added by us: And, oddly enough WHAT happened on that very Monday? A security guard from the USGPN suddenly fell ill only to drop dead the following Tuesday morning the 23rd of July! Incredible! Could it be that he, as a Martelly security guard, was in some way a witness to the alleged meeting at Gary Lissade’s office, which so many have testified occurred, according to Judge Joseph, and which the alleged participants deny having occurred?  Gee, this story just gets more and more creepy, even damning. None of this paints a pretty picture of life in Martelly-Lamothe’s Haiti!

From Radio Kiskeya (also reported in Le Matin and elsewhere):
A police officer dead after a new “long march” by Michel Martelly
Taken with a serious malaise, Jacques Junior Duffaut, on tour with the President in the north, did not survive, just like his colleague Frandieu Jean-Pierre who died a little after a presidential marathon, in October 2012″
Tuesday, July 23, 2013
A security agent close to President Michel Martelly, Jacques Junior Duffaut, 32 years old, died early Tuesday morning in the Justinien Hospital of Cap-Haitian (about 275 km north of Port-au-Prince) where he was admitted urgently the night before, following a malaise while he was accompanying the president in a long walking stretch.   

Reached by Radio Kiskeya, the Department of the North Director of the National Police, the division commissioner Kesnel Pierre, indicated that a spectacular fall in his blood pressure was noted at the moment of the death of the police agent of the General Security Unit of the National Palace (USGPN), member of the 18th promotion [i.e. graduating class] of the PNH [Haitian National Police].

For its part, the administration of the Justinien Hospital made it known that in addition to abnormally low blood pressure, Jacques Junior Duffaut suffered from vomiting and severe diarrhea.  

On the 1st of October 2012, another member of the presidential security Frandieu Jean-Pierre, succombed to a cardiac malaise in conjunction with massive hemorrhaging in the same circumstances.  He also felt a malaise during an improvised long demonstration of around 10 km that Michel Martelly conducted under a heavy sun, after returning from New York. spp/Radio Kiskeya http://radiokiskeya.com/spip.php?article9681 (French original; our translation)
Our comment:  Besides the obvious of “Only mad dogs and Englishmen go out in the noonday sun” and Martelly is not an Englishman…., we note that both Martelly Security officer Jacques Junior Duffaut and Judge Joseph suffered from vomiting and diarrhea, although it seems that Judge Joseph had elevated rather than low blood pressure. Of course, when someone’s dying their blood pressure will drop and so at the very end Judge Joseph would have had low blood pressure too, and of course none at all when the heart stops!  Note that “the division commissioner Kesnel Pierre, indicated that a spectacular fall in his blood pressure was noted at the moment of the death” of Jacques Junior Duffaut.  Yes, of course!  His heart stopped and of course pressure drops!  Just do a search for “blood pressure drops at moment of death”!  The death of someone in their early 30s is most suspicious, especially in the context of being called as a potential witness.  More weird is that they were examining the recent rehab of potable water tanks, so one would think that there would have been plenty of water to prevent dehydration! See Martelly’s facebook page (in French) as well as elsewhere on the web. https://www.facebook.com/notes/michel-martelly/tournée-du-président-de-la-république-dans-le-nord-pour-évaluer-certains-travaux/530428610339559%5D

Friday, 20 September 2013 (not in Senate orginal)

[Our pre-Jean Renel Sanon testimony “Aside” continued:  According to Alterpresse, even the parents of Frandieu Jean-Pierre suspect assassination in his case!  Although we were unable to unearth why someone might want him assassinated, when you think of what the security guards for the executives might witness, the list of possibilities could be endless.  His parents say that they were even shot at after leaving the morgue:  
Haiti-Security:  The parents of police officer Frandieu Jean-Pierre targeted by an armed aggressor, Friday Oct. 5, 2012, by Alterpresse: In order to refute the thesis of heart-attack brought up to explain the death of the police officer, the brother of Frandieu affirmed that he ‘never suffered from cardio-vascular troubles’. His father, Francoeur Jean-Pierre, clarifies that ‘the last time that I was at the hospital with him was for a stomachache.  I personally went to get him at the National Palace’……Native of Fort-Liberte, police officer Jean-Pierre belonged to the Cat Team unit of the Presidential Guard.  He was part of a security cordon for the President and Governmental officials. The official version says that the police officer died of a massive hemorrhage … following a malaise felt during a march to demonstrate Martelly’s popularity. The Jean-Pierre family expressed doubts about the circumstances of the death of the police officer.  For the members of his family, the thesis of assassination cannot be excluded.  [efd kft gp apr 05/10/2012 8:50]” http://www.alterpresse.org/spip.php?article13507#.Uju4gcsaySN (our translation; bold added)

Why was Minister of Justice Jean Renel Sanon dismissed from the Haitian Army?  General Prosper Avril, taught at the military academy by a Lt. Fritz Paret, presumably Fritz Paret Sr. of Paret Petroleum (active in Haiti and elsewhere),  weighs in.  He says that Sanon was dismissed for involvement in a coup attempt and not because of drug trafficking.  

What does Avril’s letter say?  

It is addressed “To the Media of the Capital” as a “Corrective Note”. He says:  “Following declarations diffused by several media outlets of the capital making people believe that the Major in the Armed Forces of Haiti, Jean Renel Sanon, currently Minister of Justice, was ‘dismissed from the Army by General Avril for drug trafficking’, the retired Lt.-General Prosper Avril, former President of the Republic, would like to formally refute these allegations, this, for the respect of truth and of justice.  

To his knowledge, the Major Jean Renel Sanon was, along with some other officers, expelled from the Institution by the Military Command for their presumed involvement in the Coup d’Etat of the 2 April 1989 against the government, which additionally, in his case, was not established in the follow-up in a clear manner by the Investigating Commission convoked for this reason by the General Headquarters of the Army.

Petionville, 17 September 2013

Lieutenant General, Retired, Prosper Avril, Former President of the Republichttp://touthaiti.com/touthaiti-actualites/2658-prospere-avril-augmente-la-confusion-ministre-jean-renel-sanon-revoque-de-l-armee-pour-trafic-de-drogue-ou-pour-complot-de-coup-d-etat

If there had not been deaths and were not lives at stake this is really becoming side-splitting high comedy.  Is anyone hearing about this in mainstream media?

Let us look at who Avril is and at the time frame:     
Sept. 17, 1988:  General Namphy is ousted in a coup. Sept. 18, 1988:  Lieut. Gen. Prosper Avril, chief of the Presidential Guard and a former Duvalier adviser, declares himself President.  March 13, 1989: General Avril partially restores the suspended 1987 Constitution.  March 27, 1989:  The United States says resumption of aid depends in part on Haiti’s efforts to crack down on the narcotics trade.  March 29, 1989:  Four high-ranking army officers accused of drug trafficking are dismissed. April 2, 1989:  Gunfire breaks out at the presidential palace.  Reports from Haiti say General Avril foiled an attempted overthrow.” http://www.nytimes.com/1989/04/03/world/haiti-from-duvalier-s-exile-to-most-recent-coup-report.html (This article is longer and worth reading; bold added) It the clear that, with the timing, Minister of Justice Jean-Renel Sanon could have been dismissed for drug trafficking OR involvement in a coup OR for both. Who were the four high-ranking officials?  

Why was Michel Martelly dismissed from the Haitian Army? He was supposedly in the army after High School, so ca 1979.  He has alleged that he was expelled for having impregnated the god-daughter of a General.  He also reportedly said that he held a Tonton Macoute (Duvalier death-squad) membership card for “protection”. http://en.wikipedia.org/wiki/Michel_Martelly http://www.lapresse.ca/arts/musique/201010/14/01-4332265-haiti-michel-martelly-president-chantant.php

Saturday, 21 September 2013 (cont. Senate testimony:  Minister of Justice, Jean Renel Sanon)

The Minister of Justice declares: “I heard on the radio, they said I was present in a meeting in the office of Mr. Gary Lissade, alongside Judge Jean Serge Joseph I was said to have participated. This meeting is imaginary. It is a post-mortem revelation, they are kidding, it’s a joke. They even said that Judge Serge brought rice for me. And then, they said that, at least Mr. Vandal, the family lawyer was also present.  

Judge Serge desisted from the case, so I cannot see why I would be interested with Judge Serge.  

Additionally, Gary Lissade, he’s a lawyer, why would I be obliged to go in his office for the meeting, I could have invited him in my office. Even if I know the address of Gary Lissade’s office, the street behind the reservoir, near the Ministry of Planification, I have never gone in the office of Mr. Lissade neither when I was a lawyer, neither while I was Minister of Justice.

[Is anyone else getting one of those Clinton deja vu moments?; video not in Senate original – but we couldn’t resist]

I spoke with Chief Judge Raymond Jean-Michel, he told me he was not aware of any such meeting. I cannot recall when the last time I met with the Chief Judge. Anyway, I did not meet with the Chief Judge on that day there of Thursday, July 11, 2013.

As for that which concerns the nomination of Judge Serge, it was the Minister Paul Denis who named him, it was not Martelly who named Judge Serge. I am not saying that Martelly told a lie because he said it was he who named the Judge, but it was under the Preval government that Judge Serge was named”.  

It was Saturday the 13th of July 2013, in the evening that I learned about the death of Judge Serge….

Sunday 22 September 2013

Mr. Lamour, Esq. (lawyer) accompanied by Mr. Theodore, Esq. confided to us the following:  “on that Friday, July 12, 2013 around 10.30 to 11 in the morning, I went to the Parquet, I met with Mr. Moren who  updated me about the great deal of pressure that Judge Serge was subjected to in the meeting that he participated in the previous day, Thursday, July 11, in the Office of Mr. Lissade, together with the other authorities, the executive.  When I arrived at Judge Serge’s office I saw him looking about his desk, he was speaking with Mr. Madisten.  I was accompanied by someone.  I felt that his words were confidential, I did not stop in his office.  While I was leaving, it was Serge who caught up with me in order to tell me something straight-out, those in power were very angry with him and with the Chief Judge.  They said they were angry with the Chief Judge, because he distributed the file and gave it to a judge who was not a judge on the side of those in power.  Judge Serge told me that Martelly with Laurent Lamothe were angry because the judge wanted to see the President’s wife and child in prison.  They demanded that the dossier be finished in any case the day of Tuesday July 16, 2013.  Judge Serge told me that it was in the office of Gary Lissade that the meeting took place, but Gary Lissade and the Minister of Justice were not aggressive with him, it was Martelly and Lamothe who were aggressive.  Judge Serge told me, before he left, Mr. Gary Lissade gave him his visiting [business] card.  Judge Serge showed the card to the clerk of court Sajès.  I noticed that Judge Serge was very panicked.  

Saturday July 13 in the morning, Mr. Manès called me to tell me that Judge Serge had a stroke, he was in hospital.  He told me, you see how men are crazy.  I called Mr. Madisten Saturday night to confirm that Serge was dead.  Mr. Madisten told me he was taking the responsibility to denounce the facts.  

We should not forget, when they were giving the public prosecutor Lionel Constant Beaubrun, current executive director of the CSPJ [Superior Council of Judicial Power], the order to arrest Gayo Dòsenvil, it was to the office of Gary Lissade that those in power convoked Mr. Beaubrun to make him do that dirty job.  Among the people who were in that meeting, there were:  Prime Minister Garry Conille, Gary Lissade, the Minister of Justice, the Minister of Foreign Affairs which was Laurent Lamothewith Mr. Beaubrun.  Then, Mr. Beaubrun decided to give his resignation, rather than violate the law.  That is when they named Jean Renel Senatus prosecutor.” (bold added)         

Monday, 23 September 2013

The Senate Commission went to Bernard Mevs Hospital to meet those in charge from this health care centre, that is Dr. Jerry and Marlon Bitar, and Dr. Ariel Henry.  We visited several sections of the health care center, particularly admissions, which appears to function according to principles of medical deontology.  The patient Jean Serge Joseph was admitted at the hospital on Saturday the 13th of July 2013 at 3 o’clock in the morning by Dr. Linda Théodore.  The patient was rapidly taken into charge by the emergency services.  He was in a deep coma, with bilateral myosis.      
[see:  http://en.wikipedia.org/wiki/Miosis; yes, deontology IS a word in English]

According to the medical history effectuated by the doctor on duty, according to the family of the patient, there were no personal antecedents of arterial hypertension, nor other metabolic troubles requiring regular medical follow-up.  

We read the CT SCAN images of the brain case [neurocranium], showing an intra-cerebral hematoma, with perilesional edema (oedema) corresponding to a massive left cerebral hemorrhage, with ventricular compression.     

The diagnosis of left hemorrhagic cerebrovascular accident (stroke) is given.  This C.V.A. probably coming from an arterial hypertension, having a very gloomy prognosis, could not be the object of a surgical intervention, according to the opinion of the experts present, taking into account the clinical state [of the patient] and the outcome of pre-operative exams.  Despite all of the intensive care and attempts at reanimation, the patient Jean Serge Joseph died that Saturday the 13 July 2013 at 8 o’clock in the evening.  

The hospital doctors and technicians were unable to determine any event which could possibly have preceded or provoked the upsurge or the hypertensive crisis leading to the cerebrovascular accident (stroke).

The Senate Commission salutes the spirit of openness of those in charge at the Bernard Mevs Hospital who offered the commission, their total and frank collaboration.  

Tuesday 24 September 2013

On Tuesday, the 23rd of July 2013, the Senate Commission heard Joseph Manès Louis, Esq. (lawyer) who declared:  “on that 10th of July 2013 Judge Serge called me to tell me that he needed me.  I told him that I will come by to see him in Cabaret.  

On that Thursday July 11, I talked on the telephone with Mr. Moren, with Mr. Beaubrun who told me the meeting between Judge Serge and the authorities occurred at Gary Lissade’s place.  I also spoke about the case with Fito, who is a neighbor with a house next to where Serge stayed.   

Friday the 12th of July 2013, Fito told me he saw Serge, he spoke with Serge who told him how he regretted that he went to the meeting, because he felt not quite the same.  In the afternoon, Serge left Estere with his wife and his little one.  Arrived that night, he took a weapon which was in the hands of his security.  

Saturday the 13 of July 2013 when I learned Serge was sick, I went to the Bernard Mevs Hospital, I arrived at the hospital at around 10 o’clock in the morning in order to go see him. But when I arrived in the hospital they told me that there were not visitors.  They told me it is not the time to visit.”    

This section finally ends.  Translation of the Senate Commission Report will open into a new post on Thursday, 26 September, for their Analysis of the Information gathered during the witness testimony and the players in these events.  

Note that as of Friday, 21 September, Enold Florestal is still in prison; another sit-in in front of the Parquet of Cap Haitian protested this. http://www.touthaiti.com/touthaiti-actualites/2666-mobilisation-sit-in-des-sympathisants-du-mopod-devant-le-parquet-du-cap-haitien-pour-reclamer-la-liberation-des-prisonniers-politiques  
Notes (not in the original):

Note on the translation.  The introductions for the interviews are French, but the interviews themselves are in Haitian Creole.  The translator is an English-French bilingual with a limited knowledge of Haitian Creole.  Therefore we cannot guarantee that the translation is exact.  However, we are pretty certain that it is generally accurate because we already know some of the information and context from the section on the Facts and elsewhere.  Additionally, where those interviewed were also interviewed by the Chamber of Deputies, we intend to use those interviews to support the translation.  We also have used dictionaries and common sense. The original, in French and Creole, is found here: http://www.radiokiskeya.com/spip.php?article9711 and several other places online.   
[Note 1] The RNDDH is National Human Rights Defense Network.
The CSPJ is Conseil Supérieur du Pouvoir Judiciaire (High Council of Judicial Power).  
Although some have translated Berlens nickname as “little smile”, and this still could be the case, but then it would be Lil’ Smiley, Ti sourit is listed in a Creole dictionary as “souriceau”, which is a literary term for a baby mouse.  So, the proper translation would seem to be Lil’ Mouse, with “ti” as a diminutive form coming from the French “petit”, small or little.
Some may be surprised at Berlens following Judge Joseph everywhere and think it strange. In the context of Haitian culture, and historically in European culture, it would not be strange. He appears a combination of an assistant-apprentice and a restavec.  He and his family almost certainly considered it as a good opportunity for him to be housed, fed, educated and mentored by his relative who was a judge and who had been educated in Canada:    
“In Haiti, parents unable to care for children may send them to live with more affluent families.  This is considered acceptable in Haitian culture, wherein it is commonplace for housing to be shared among members of an extended family, including distant relatives. (In contrast, the concept of a single nuclear family’s occupying a household is seen as desirable in some other cultures.) Often the relatives who host restavec live in more urban areas. The children receive food and housing (and sometimes an education) in exchange for doing housework.” http://en.wikipedia.org/wiki/Restavec

[Note 2]  The original is “pale sou pwent lang”.  We think that it means that he speaks with a sharp tongue, but it could be that he enunciates (pale pwenti); sou = on, over, above; pwent sou = to point at.  It could also be that he speaks to the point.  It is probably a well-known expression.  We recall “pointed tongue” as being used in English but cannot even find a reference for that.

[Note 3] This Nissan Patrol is an SUV. And, the Haitian elites were driving jeeps, SUVs, all-terrain vehicles well before anyone else.  Instead of helping to build roads they chose to drive in vehicles which could resist potholes.  And, many live up in the hills surrounding Port-au-Prince where a four-wheel drive might be useful.  The tinted windows are creepy as this used to be only for drug-dealers. Unfortunately we didn’t find a photo with tinted windows.      

[Note 4]:  
We forgot to say, yesterday, that Ti sourit is also a song or part of a song related to the vodou Guede lwas (spirits).  In these songs it has a double entendre (double meaning).  These are the spirits of death and sexuality (most likely fertility), celebrated in the early part of November.  Some lyrics are here, but should not be read by minors or those who are easily shocked: http://ufdc.ufl.edu/AA00013034/00001 There is supposed to be an element of comedy here. This is the same time of year as the Day of the Dead festivities in Latin America and the European, Samhain, Halloween, All Saints, All Souls.  It is the traditional end of harvest and death of the year. The sexuality part of guede must surely be rooted in fertility rites, and a wish to ensure a fertile harvest the next year.    
Cabaret where Judge Joseph stayed during the week is a half hour from downtown Port-au-Prince.  
Estère, his home, is in the Artibonite Department of Haiti, which is the country’s main rice-growing area. http://en.wikipedia.org/wiki/Artibonite_Department
A Marmite is a Haitian measurement unit equal to about 6 pounds (2.7kg). http://home.wfp.org/stellent/groups/public/documents/ena/wfp249524.pdf
Note that “Haiti was encouraged by western countries to liberalise its economy in 1994.  As it cut taxes on imports its own rice production plummeted….In 1980, according to Oxfam, Haiti was virtually self sufficient in rice. But today it imports some 80% of its rice and 60% of its overall food supply.”  See “US urged to stop Haiti rice subsidies”
By Mark Doyle.  BBC international development correspondent.  4 october 2010. http://www.bbc.co.uk/news/world-latin-america-11472874
We haven’t figured out the fertilizer bag for transporting the rice.  We imagine it is a recycling of the bags, but it could be a new bag the size of a fertilizer bag; one which could be used for fertilizer or for rice.  

[Note 5] The heat in the stomach returns us to the topic of a possible poisoning. Warfarin, for instance, can cause stomach bleeding; pain and discomfort, as well as the type of stroke he suffered from.  However, if they wanted him to totally dismiss the case it seems that it would be against their interests to poison him. Their anger could have been greater than their sense, however. They would not be men who were accustomed to people “crossing” (challenging) them. Nonetheless, sudden nausea can be a rare sign of stroke, but we don’t know how far ahead it would occur.   
For those who do not know Gatorade, see here: http://en.wikipedia.org/wiki/Gatorade

[Note 6]  Here we have the names of many more potential witnesses.
[Note 7]  Berlens really does use poo-poo and pee-pee.  Sadly people can become incontinent when they are having a stroke.  This would also explain why Judge Joseph was reported as trying to urinate in a container in the “facts”.  
[Note 8]  We are uncertain of the translation for this: “Se sèl souf jij la k ap monte”, which we translated as “The Judge let out a single breath.” It is more literally translated: “It was the Judge’s only breath which was coming out.”  It appears literally:  “It was the only breath the judge there which was going (coming) up”.  “monte” is from French monter, to climb, go up, come up, etc.  “ap” is present progressive, i.e. is going up, etc; “k” is a contraction for “ki”, i.e. qui “who”, “which”, “that”.  It could possibly mean that it was his last breath, but he did not die immediately after the tests from our understanding.   
[Note 9] IMED  Institut Mobile d`Education Democratique (a.k.a.: Mobile Institute for Democratic Education)
[Note 10]  According to Mr. Madistin’s testimony, there were two meetings:  On Wednesday, July 10th Judge Joseph went to meet Gary Lissade, accompanied by Chief Judge Raymond Jean-Michel.  There was a second meeting on Thursday, July 11th, with the 2 Executives (Martelly and Lamothe) (see Chamber of Deputies Report, p. 7).  
[Note 11] We added bold not in original for emphasis. We added Martelly, etc. in brackets to add some clarity. In case it still is not clear, Ms. Ketly Julien is giving her testimony of what Judge Joseph (allegedly) told her: Judge Joseph told her that Martelly intentionally spit in Judge Joseph’s face and that Martelly waved his fingers in Judge Joseph’s face, and that Martelly said all sorts of things to try to humiliate Judge Joseph.
[Note 12]:  “….kidonk ‘Sofya ak Olivye Mateli, ansanm ak Minis yo pou yo ta desann nan tribinal la pou m ta fè yo peye amand si yo pa vini, enpi m ta chèche yon jan pou depoze dosye a.” was translated as ” “…so ‘Sofia with Olivier Martelly, together with the Ministers, they will go down to the courthouse there so that I will make them pay a fine if they do not come, additionally I will look for a way to dispose of the dossier. ”  From what we read elsewhere, Judge Joseph proposed that they pay a fine if they did not want to appear in court, but they found this unacceptable.  
[Note 13] From context, apparently tribunal (court) is being used to refer to the Senate Inquest Commission. This is the second such usage we have seen.
[Note 14] “…nan tèminis ri pave nan ansyen tribinal travay la” has been translated as “…to the end of the paved road of the old labour court”.  However, we really don’t know what “tèminis” terminus would mean in this context, so we guess “end” from the Latin origin which gives us terminal, terminus, etc.  Regardless, from what we have read elsewhere, they were parked in an isolated area and Judge Joseph did not feel safe and asked to move, so they then parked in the parking lot of a restaurant.  “Jij Sèj rakonte m li viktim de otorite deja, kote nou ye a pa ofri ase sekirite pou n pale, pito nou ale lòt kote,” we translated as:  “Judge Serge told me that he was a victim of authority already, where we were did not offer enough security to talk, rather we [should] go elsewhere.”  From what we have read elsewhere we would have thought it would have said that Judge Serge asked the Chief Judge if he, the Chief Judge, were victim of the authorities.  But, if this is what was said it would seem to need “di” and a question mark.  Then we think it would mean Judge Serge said, tell me if you are a victim of authority?  The verb which is used here is “tell”, like tell a story, and not “ask”  The other comment which we have: The way it is written, it is not clear if Judge Joseph was saying that he was in danger of the authorities or if he was joking and saying he was in danger from the authority, the Chief Judge, who had parked him in a dangerous location.  We are left with this feeling that it was a joke. And that the question had to do with if the witnesses were able to come:     
[Note 15]“Jij Sèj di m Mèt Nyoutonn Senjis ak mèt Andre Michèl evoke atik 400 an, sepandan avoka gouvènman an pa replike pou di pèsonaj sayo pa ka deplase konsa”, which we translated as “Judge Serge told me Mr. Newton St. Juste with Mr. Andre Michel evoked article 400, nonetheless, the governmental lawyer did not reply to say if the persons were not able to come like that.”  “ka deplase” seems “to be able to displace” or “move themselves”, i.e. “able to come”.  But, “ka” can also be “case” and if they mixed Creole and French spelling up then “deplase” could be “deplezi” (displease).  The problem is that Creole is an oral language and the written language is not totally standardized, although there are attempts.  But, typos can happen in any language.  If we follow everyone else’s belief that Judge Joseph was afraid, this last would make more sense.  However, in a normal context wanting to know if the parties would appear seems more logical.  But, then why the privacy?  

[Note 16] We added this for dramatic effect. And, the distinction between the Haitian peasant and the elites makes us think of this poem. And Estere is in the agricultural heartland of Haiti.

[Note 17] She actually says “Lakay”, which means house. The meeting could have been at his house. Why not? But, she later specifies that it was his office. Hence, we translated it as “place”.

[Note 18] We added in brackets that Cabaret is a town near Port-au-Prince in case everyone’s not clear yet on the point that his home and wife and child are in Estere but he rented a place to stay in the town of Cabaret, about 30 minutes from his work in Port-au-Prince, so effectively a suburb.

[Note 19] Something seems to be missing here. Apparently what was meant was a pool of blood in his brain. What was said was “plage” (in French rather than Creole). The commonly known meaning of “plage” is beach, but it can also be an area or a zone. One cannot help but wonder, since most of the doctors at the hospital seem to be American volunteers, if the doctor meant pool of blood, but only knew the word for beach “plage” and substitued that. The logic being that beach is by the water. Or maybe he meant that it looked like grains of sand? We chose the more vague word “area”, because we do not know.

[Note 20] In the original it is Maitre Vye, with Maitre meaning a lawyer but it can also refer to a judge. Vye could be Voyet, Voyer or something else similar.   

[Note 21]  Whereas copyright infringement has long been a serious issue in the English speaking world, up until fairly recently and perhaps still, it was common place for professors in France to take students’ papers and put them in their own books or articles and not credit the students at all.  This seemed normal practice.  This could also lead to an instance where a professor sues a student for the student’s own work!  From our understanding, this Haitian case has to do with a “collective” which seems to have taken parts and pieces from 2 of 6 volumes in a 6 volume Mathematics book (series) and is being accused of copyright infringement.  Both individuals involved seem to be French.  One would think that getting kids exposed to Mathematics in Haiti would be more important, at this point, than copyright.  If the authors are making enough money off of school books in Haiti to have the means to sue, or for it to be worth sueing, then there is already a problem.  Schoolbooks for Haiti should be free or at least not for profit.  Although we do not know why Judge Morin chose or was told to go home, it appears clear to us that this lawsuit was a frivolous waste of Haiti’s scarce judicial resources.  Additionally we believe that the concept of copyright is different in a primarily oral culture, which would focus on the transmission and modification of oral stories from one generation to the next.  Copyrights and references spoil the flow of storytelling.         

[Note 22]
Articles about Judge Morin and the copyright case (in French):

Articles about Judge Morin and the Walky Calixte case (in French):