You’ve heard of a “hanging judge”? I prefer a slapping judge, like this one. Let’s start with the story, then a follow-up story of a Florida finger-flipper:
Slapped Upside the Head the Right Way
“To be abundantly clear, it is not a crime to give someone the finger,” scolded Judge Dennis Galiatsatos of the Court of Quebec, Canada, in a 26-page ruling. “Flipping the proverbial bird is a God-given, Charter enshrined right that belongs to every red-blooded Canadian,” he continued. “The complainants are free to clutch their pearls in the face of such an insult. However, the police department and the 9-1-1 dispatching service have more important priorities to address.” With that, “This injustice ends today,” he ruled, throwing out the criminal case against Neall Epstein, instigated by his neighbor, Michael Naccache, 34, who repeatedly called police on Epstein, calling the gesture “threatening.” Epstein was arrested and prosecuted for “criminal harassment and uttering death threats,” the judge observed. Galiatsatos further lectured that Naccache “consistently videotaped their neighbours,” and provided video “evidence” to the court showing the problem — including Naccache and his wife driving “dangerously near the [Epstein’s] children as a way to protest their presence.” Then, “With an irony of unmatched proportions, they complain that [Epstein] might have recorded them. He did not.” Prof. Andrew McDougall of the University of Toronto, an expert in constitutional law, commented that “If all the person did was simply put up the middle finger, it would be hard to read [it] as a threat.” (RC/Toronto Star) …Unless Naccache is willing to go on record as believing it was loaded.
From the 12 March 2023 issue (#1500)
Thrown with Great Force
The story noted the judge threw the case out. That’s the short version. His version is more poetic, and worthy of a reading:
In the modern-day vernacular, people often refer to a criminal case “being thrown out”. Obviously, this is little more than a figurative expression. Cases aren’t actually thrown out, in the literal or physical sense. Nevertheless, in the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window, which is the only way to adequately express my bewilderment with the fact that Mr. Epstein was subjected to an arrest and a fulsome criminal prosecution. Alas, the courtrooms of the Montreal courthouse do not have windows.
…emphasis from the original. Let that be noted for all past and future True stories that use the short version.
But Wait, There’s More!
The entire 26-page ruling is great reading, just like the several short sentences I quoted. Here it is in PDF format:
I particularly like that after Naccache and then Epstein testified, the judge said that “in a tremendous display of professionalism and objectivity, Crown counsel [the prosecutor] declined to cross-examine him since, in her view, it was not in the public interest to do so. Instead, she humbly invited the Court to enter an acquittal.” Again, that’s the prosecutor inviting the judge to make an acquittal!
The only amazing thing is that the judge didn’t offer Mr. Epstein a restraining order against his false accuser, or suggest the Crown prosecutor might consider charges against Naccache for his criminal threats, reckless driving, and perjury.
Naccache repeatedly referred to Epstein as “insane,” the “crazy neighbour,” Judge Galiatsatos found. I’m willing to bet that 99 percent of people who read through the judge’s summary of his testimony will conclude that Epstein is not only not insane, but rather exhibits great self-control over the Naccache family’s provocations, including physical assault and not-so-veiled threats of great bodily harm to Epstein’s two young daughters.
If someone is “insane” here, I’m willing to bet you’ll think it’s Naccache, and perhaps his family members, who should be so described.
In any case, the situation itself is definitely insane, so I’m truly happy there’s at least one judge in North America who is not only willing to confront it in such clear terms, but also willing to release his written ruling to the public as a well-written example of the proper response to the obliviocy we see in so many of True’s stories.
I’ll be interested in your comments.
The FFF: Florida Finger-Flipper
There’s also a casually related follow-up to the above, from Florida, which is this week’s Story of the Week — click it to see larger.
Even when zooming the photos are a bit hard to see, so scroll down for larger versions.
You’re welcome to share the image, but not the text version from this page (which includes all of the above, for that matter).
Count the Fingers II
Deputies with the Volusia County (Fla.) Sheriff’s Office were chasing a group of motorcyclists who refused to pull over — deputies said they were “driving recklessly” with speeding and passing in a no-passing zone, not to mention refusing to pull over. A deputy was behind the lead bike when they came to a red light. The biker turned around to see the deputy right behind him; the biker flipped the deputy off and ran the light — and was hit by a crossing pickup truck. The motorcyclist ran, but was quickly surrounded by deputies and handcuffed. “I’m hurt,” whined Joshua Richardson. “Idiot,” a deputy replied. “I know,” Richardson said. “You know how your leg doesn’t get hurt?” another deputy said. “You don’t run from the cops and crash your bike.” Richardson asked, “Do you think this is funny?” The deputy responded “No, I don’t think it’s funny. It’s incredibly stupid.” Richardson complained, “We’re being chased by 12 cops in the middle of nowhere. What am I supposed to do?” (RC/WESH Orlando, WEAR Pensacola) …Not be an idiot.
Click each to see full size, taken from the Volusia County (Fla.) Sheriff’s Office video.
All we need now is a good slappin’ judge for the bikers.
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11 Comments on “The Slapping Judge”
At the very least, Naccache should pay all court costs. At the not so very least he should be charged with harassment and endangering children as you suggest. The fact that Epstein was forced to defend himself in court is beyond the pale.
I hadn’t yet considered the question of what it cost to defend himself, other than the stress for himself and his family. -rc
The judge should have put the neighbor in jail for contempt, pending a warrant for perjury and child endangerment.
Also, you remember the racist Karen who called the cops on a black guy in the park who asked her to leash her dog? The neighbor should be losing his job right about now.
This thought I *did* think of — if he has a job, will he keep it? If he has a company of his own, I can’t believe he won’t be losing customers in droves…. -rc
My husband saw me reading the court ruling and inquired if I was off work yet. When I replied that I was reading the court case for fun, he thought I was “touched.” I thoroughly enjoyed the court’s comparisons of video to each side’s statements as well as his positive comments as to the accused actions throughout. Thank you for sharing a lovely end result to the troubling case.
Frankly, it needs all the public airing it can get. -rc
Judge Galiatsatos is a saint! We could use more like him.
Hear hear. -rc
If our Canadian neighbours were as litigious as us Yanks, this would be a golden opportunity for the Accused to file a massive lawsuit against the Complainants. I guess the Epsteins are classier than that — but I hope they reconsider!!
Thanks, Randy, for reminding us that it’s just plain stupid to make a mountain out of a molehill. Maybe today’s rampant violence would decline if we all learned to shrug off “the finger” and other pettiness. It’s just not worth it, is it!
Canadians have long been less litigious than Americans, although, sadly, this is slowly changing. I remember when I worked at a ski hill in the late 70s/early 80s the owners complained their insurance rates were skyrocketing, not because of any Canadian lawsuits (our hill never had ANY), but because the companies providing that type of insurance were all American.
This is obviously a perfect family neighborhood where kids can play and ride their bikes in the street with all the other neighborhood kids. Too bad there has to be one family to spoil it! Unfortunately, people like this family are too stupid to realize they’re despised by all and will stay put — continuing to harass and endanger anyone they can. It would be nice if they’d move away from everyone and do whatever it is obliviots do (like inventing conspiracy theories like their US counterparts…). For some reason, this story reminds me of the movie Throw Momma From The Train. (Hmm — possibly just wishful thinking….)
I absolutely adore that Canadian judge! Especially the line:
This deplorable Laval reference is worthy of an eye roll that could sever both optical nerves.
How the heck that whole made up case even got to that stage is mind boggling. And for sure the poor accused should be filing a counter complaint at least for legal costs and probably loss of income.
This is something I wouldn’t have heard about if it wasn’t for your great newsletter. Thank you!
You’re welcome, Victoria. And yeah, the judge has a great way with words. -rc
That judge is a paragon of reason and a formidable user of precise and wonderful descriptive language. I only find one expression by the judge that I don’t agree with: His description of M./Mr. Naccache as “mature” — though in comparison to the rest of his text I tend to consider that as irony.
Actually I wasn’t inclined to read the total verdict, but after a page or two I was hooked. Like when I start reading one of your longer texts, Randy.
Yeah, that’s why I had to make it available: I couldn’t put it down! -rc
“In any case, the situation itself is definitely insane, so I’m truly happy there’s at least one judge in North America….”
Perhaps I am too cynical, but in this day and age, I would expect that you received some emails, (probably from my home state of Florida), insisting that Canada is not in North America.
Not a one. My readers are more savvy than most, so they are more likely to know that North America not only includes Central American countries, but also Mexico, the United States, and Canada. Likely fewer of them, perhaps some in your state?, know that Greenland is also considered a part of North America in that it also rides on the North American Tectonic Plate. -rc
Never thought of that.
— North America contains: Mexico, Canada, USA, part of France, part of Denmark, Central America….
— Christopher Columbus did not “discover” the Americas.
— when Greenland was discovered is when North America was discovered.