Harley Breite - Appreciation thread

[njflex]

originally this thread started about Harley and craig Richardson ifbb pro long time training partnership and Harleys take on what he's seen over 2 decades going to pro /amateur shows and dealing with the industry good and bad..then Harleys line of work came into forefront with numerous courtroom/going to court pics a plenty,,then the horses were off........its cool that he shared his ideas/family history and law tidbits ,,but now everyone is questioning his ethics/or challenge him .lawyers good or bad are an interesting breed.

[Simple Simon]

originally this thread started about Harley and craig Richardson ifbb pro long time training partnership and Harleys take on what he's seen over 2 decades going to pro /amateur shows and dealing with the industry good and bad..then Harleys line of work came into forefront with numerous courtroom/going to court pics a plenty,,then the horses were off........its cool that he shared his ideas/family history and law tidbits ,,but now everyone is questioning his ethics/or challenge him .lawyers good or bad are an interesting breed.

Harleys job was on the agenda from page one.

[njflex]

Harleys job was on the agenda from page one.

he also was photographed in a pink tank top as well on page one and survived that here..

[Princess L]

a 5 year old girl being able to demonstrate on a doll what had happened to her indicates strongly to me it happened, how many 5 year olds would be able to describe anal and vaginal sex?

This was on video tape, but 4 years later they put the child on the stand.  Can you imagine how terrified she was?  How much "coaching" was done during those 4 years? 

Dear BeThere,
  "When it's likely his client wasn't (not guilty)"
   Were you there?  I wasn't either.  There are only 2 people who know for sure and one is a 5 year old girl who by her own mother's sworn testimony, is a habitual liar who showed no signs of any penetration to her anus or vagina.
   Did you read the entire file?  No.  I did and even then,  I couldn't say for certainty whether or not Ruel did it.  It's not my
job to know whether or not he did it. 
Harley

Was there a medical exam performed 4 years earlier at the time of the alleged incidents?  No surprise she becomes a liar after being persecuted for telling the truth.


   
      
June 19, 2014, 4:30 PM   
Jury weighs evidence against Paterson man in child sex-assault trial
   

Jurors began deliberating Thursday in the trial of a Paterson man accused of sexually assaulting a 5-year-old girl.

The case against Ruel Powell relies heavily on the allegations made by the girl, who initially told investigators that Powell molested her but has since recanted her story. The girl, who is now 9, testified during the trial in Superior Court in Paterson that she dreamt up the assault.

Passaic County prosecutors say Powell sexually assaulted the girl on several occasions between September 2009 and July 2010. They also argue that the girl’s retraction is consistent with a child suffering from Child Sexual Abuse Accommodation Syndrome, in which victims may often recant their allegations while coping with abuse.

During the trial, Kelly Walsh, a county assistant prosecutor, played the girl’s videotaped statement in which she told investigators about being sexually abused. Walsh also called an expert witness on Child Sexual Abuse Accommodation Syndrome, who testified that children often recant their statements once they see the consequences of their allegations.

Powell’s attorney, Harley Breite, argued during the trial that there is no credible evidence against Powell, and that a medical examination of the girl revealed no sign of sexual assault. The only evidence, he said, was an allegation that has been recanted.

Powell, 23, is charged with first-degree aggravated sexual assault and, if convicted, faces up to 20 years in prison. He also is charged with sexual assault and child endangerment, both second-degree offenses. He remains free on $100,000 bail.
http://www.northjersey.com/news/jury-weighs-evidence-against-paterson-man-in-child-sex-assault-trial-1.1038433

[OB1]

Harley,

If you knew there was overwhelming evidence against a child molester (DNA evidence), would you still defend him? Would you help him get the minimal sentence? And if you did help him get the minimal sentence, would you be happy in knowing that a child molester will walk free in just a few years?

x2

[Simple Simon]

This was on video tape, but 4 years later they put the child on the stand.  Can you imagine how terrified she was?  How much "coaching" was done during those 4 years? 

Was there a medical exam performed 4 years earlier at the time of the alleged incidents?  No surprise she becomes a liar after being persecuted for telling the truth.


   
      
June 19, 2014, 4:30 PM   
Jury weighs evidence against Paterson man in child sex-assault trial
   

Jurors began deliberating Thursday in the trial of a Paterson man accused of sexually assaulting a 5-year-old girl.

The case against Ruel Powell relies heavily on the allegations made by the girl, who initially told investigators that Powell molested her but has since recanted her story. The girl, who is now 9, testified during the trial in Superior Court in Paterson that she dreamt up the assault.

Passaic County prosecutors say Powell sexually assaulted the girl on several occasions between September 2009 and July 2010. They also argue that the girl’s retraction is consistent with a child suffering from Child Sexual Abuse Accommodation Syndrome, in which victims may often recant their allegations while coping with abuse.

During the trial, Kelly Walsh, a county assistant prosecutor, played the girl’s videotaped statement in which she told investigators about being sexually abused. Walsh also called an expert witness on Child Sexual Abuse Accommodation Syndrome, who testified that children often recant their statements once they see the consequences of their allegations.

Powell’s attorney, Harley Breite, argued during the trial that there is no credible evidence against Powell, and that a medical examination of the girl revealed no sign of sexual assault. The only evidence, he said, was an allegation that has been recanted.

Powell, 23, is charged with first-degree aggravated sexual assault and, if convicted, faces up to 20 years in prison. He also is charged with sexual assault and child endangerment, both second-degree offenses. He remains free on $100,000 bail.
http://www.northjersey.com/news/jury-weighs-evidence-against-paterson-man-in-child-sex-assault-trial-1.1038433

Everything about the case reeks of child abuse, the mother of the child calling her an habitual liar and testifying as such , did she do it to protect her son, who knows.

[OB1]

Everything about the case reeks of child abuse, the mother of the child calling her an habitual liar and testifying as such , did she do it to protect her son, who knows.

Yes.
Of course she did.
But then again for that she should also face prison.

[HarleyBreite]

If a five year old girl is raped that way there has to be physical evidence.

Was there?

Dear Pellius,
   Not a single stitch of physical evidence.  Her Grandmother bathed her the very next day and nothing unusual was seen nor reported by
either the girl or the grandmother.
   I try not to "cry like a baby" as per the Be There accusation.  Even when  "pushed" I don't think I respond like that.
   It would not be fair of me to expect total agreement from everyone, in fact, that would be crazy and counter productive to the purpose
of this thread.
Harley

[SF1900]

This was on video tape, but 4 years later they put the child on the stand.  Can you imagine how terrified she was?  How much "coaching" was done during those 4 years?  

Was there a medical exam performed 4 years earlier at the time of the alleged incidents?  No surprise she becomes a liar after being persecuted for telling the truth.


   
      
June 19, 2014, 4:30 PM    
Jury weighs evidence against Paterson man in child sex-assault trial
   

Jurors began deliberating Thursday in the trial of a Paterson man accused of sexually assaulting a 5-year-old girl.

The case against Ruel Powell relies heavily on the allegations made by the girl, who initially told investigators that Powell molested her but has since recanted her story. The girl, who is now 9, testified during the trial in Superior Court in Paterson that she dreamt up the assault.

Passaic County prosecutors say Powell sexually assaulted the girl on several occasions between September 2009 and July 2010. They also argue that the girl’s retraction is consistent with a child suffering from Child Sexual Abuse Accommodation Syndrome, in which victims may often recant their allegations while coping with abuse.

During the trial, Kelly Walsh, a county assistant prosecutor, played the girl’s videotaped statement in which she told investigators about being sexually abused. Walsh also called an expert witness on Child Sexual Abuse Accommodation Syndrome, who testified that children often recant their statements once they see the consequences of their allegations.

Powell’s attorney, Harley Breite, argued during the trial that there is no credible evidence against Powell, and that a medical examination of the girl revealed no sign of sexual assault. The only evidence, he said, was an allegation that has been recanted.

Powell, 23, is charged with first-degree aggravated sexual assault and, if convicted, faces up to 20 years in prison. He also is charged with sexual assault and child endangerment, both second-degree offenses. He remains free on $100,000 bail.
http://www.northjersey.com/news/jury-weighs-evidence-against-paterson-man-in-child-sex-assault-trial-1.1038433

It is not uncommon for children, especially young children, to recant allegations of sexual abuse. In fact, its pretty common. They do this for many reasons (fear, intimidation, etc.). It may also be a way for them to dissociate themselves from the trauma, i.e., separate themselves from the trauma by saying it really did not happen--a way to cope with the trauma.

Thus, Harley is 100% wrong in using the "recanting" position as a way to defend his client. As stated above, the evidence show that many children who ARE sexually abused often recant their statement for the above reasons and more.

Theorists and researchers have attempted to explain why sexually abused children deny or recant sexual abuse. Koverola and Foy (1993) have reported that victims of sexual abuse often display symptoms of Post Traumatic Stress Disorder (PTSD). According to Koverola and Foy (1993), "children suffering from PTSD often enter an avoidance phase," in which they deny abuse or recant because they cannot cope with the anxiety aroused by traumatic memories. According to Koverola and Foy (1993), anxiety about court appearances or a change in the home environment may lead to denial or recantation.

Rieser ( 1991 ) has suggested that children may recant if they feel isolated from their natural support systems. Other writers speculate that recantation and denial may be a way for victims to "make it all go away" (Gonzalez, Waterman, Kelly, McCord, & Oliveri. 1993). In a summary of anecdotal evidence from psychotherapists. Fontes (1993) found that certain cultural groups may recant more often than others due to cultural taboos regarding sexual abuse. Research suggests that loyalty to family members. or fear of their reaction to abuse allegations. may also contribute to some denials, recantations, and reluctance to disclose (Farrell, 1988. Lawson & Chaffin, 1992; Sauzier. 1989).

Some authors have argued that denial and recantation are part of a process experienced by many victims of sexual abuse (Sorenson & Snow. 1991; Summit. 1983). In an influential article, Summit (1983; see also Summit. 1992) has described the disclosure process as the "Child Sexual Abuse Accommodation Syndrome" (CSAAS). The CSAAS consists of five stages: (1) secrecy; (2) helplessness: (3) entrapment and accommodation; (4) delayed, unconvincing disclosure; and (5) retraction. According to Summit (1983), children retract their statements as part of a process of dealing with sexual abuse victimization.

[Simple Simon]

It is not uncommon for children, especially young children, to recant allegations of sexual abuse. In fact, its pretty common. They do this for many reasons (fear, intimidation, etc.). It may also be a way for them to dissociate themselves from the trauma, i.e., separate themselves from the trauma by saying it really did not happen--a way to cope with the trauma.

Thus, Harley is 100% wrong in using the "recanting" position as a way to defend his client. As stated above, the evidence show that many children who ARE sexually abused often recant their statement for the above reasons and more.

They also realise that it may break up their otherwise stable environment.

[Simple Simon]

Yes.
Of course she did.
But then again for that she should also face prison.

Not with Harley in her corner.

[SF1900]

They also realise that it may break up their otherwise stable environment.

Yes. I posted some empirical evidence after I edited my post.

Look back at my post.

[Simple Simon]

Dear Pellius,
   Not a single stitch of physical evidence.  Her Grandmother bathed her the very next day and nothing unusual was seen nor reported by
either the girl or the grandmother.
   I try not to "cry like a baby" as per the Be There accusation.  Even when  "pushed" I don't think I respond like that.
   It would not be fair of me to expect total agreement from everyone, in fact, that would be crazy and counter productive to the purpose
of this thread.
Harley

which is?

[Princess L]

Harley,

Have you ever seen the (1979) movie And Justice For All with Al Pacino?  What did you think of it?  I see a lot of parallels to things you've said and it appears not much has changed the last 36 years.

Speaking of movies, what are some of your favorite law/courtroom flicks?

Dear Princess L,
  That is a question I have been asked before by many people (before I ever got to GetBig) so I chuckled a bit when I read your question.
  The truth is that I don't very much enjoy the "Hollywoodization" of court room drama.  I probably take it a bit too personally but I really do think that the Trial Lawyer, as opposed
to the overwhelming majority of lawyers, plays a very significant and unique role in our society.  The once central theme in any civilized society (and here, I am sure Pellius will very
adroitly correct me given his profound knowledge of history) and again, the key word is "civilized", is that there is someone to stand up and defend the detested against heinous charges.
   I could practically have everyone here at GetBig step forward if they were given the opportunity to act as Prosecutor let's say, in the case of State v. Ruel Powell
(N.J. Indictment Number:10-11-1117 for those auditing me).  My client, Ruel Powell was indicted for vaginally and anally raping his 5 year old sister.  The victim gave a video taped interview
just days after the alleged event occurred.  Three years later, at trial, the video was played for the jury and the victim testified in court. 
  Most people in society would volunteer to prosecute anyone who was charged with such disgusting crimes. 
  But how many people step forward to defend him?  How many people say "I will be the guy to make sure that if this thing does go down, it goes down fairly, correctly and under the umbrella
of all the laws and rights afforded to each and every person in our society especially when they themselves are a defendant in a criminal trial."  Without that surety of a checks and balances to ensure
that the government and law enforcement don't make a rush to judgment or break any rules, there can never be the equal and true enforcement of rights and certainly, there can never be
civility.  By the way, the jury found my client, Ruel Powell Not Guilty at the end of the trial.
  What Hollywood does is to take the importance of everyone's role in the trial and glamourize it.  First of all, no one on the planet looks like Matthew McConaughey let alone any lawyer.  When you see
guys like that acting the roles they are given, it makes a mockery of all it took for me to hone my skills and do what I do.  Again, I do take it a bit personally but to me, it's as if Hollywood is saying
that any guy can come in and do what I do.  These movies also give ridiculous victories to defense counsel while obliterating all the Rules of Evidence and Rules of Criminal Procedure.  The speeches alone
are often filled with completely inadmissible material that no real attorney would ever want to say in front of a jury.
  I guess I am just too close to the real stuff to suspend my imagination and believe that someone like Tom Cruise can even think with the insight it takes to create novel and winning arguments.  Do I enjoy
watching Jack Nicholson screaming and everyone thus believing he is actually making a legal point and winning an actual argument? No,  I don't.
  When I was studying for my LL.M. in Trial Advocacy we actually analyzed "My Cousin Vinnie" which made some very real points and used some good trial strategy and correct law. 
  Also, I am somewhat of a movie expert and have collected classic movie posters (starting from the early 1900's) for decades so there are so many great movies I love to watch that the courtroom
stuff just doesn't enter the equation.
Harley

Harley,

Thank you for the response.  I was looking more for your thoughts on the portrayal of the corruption within the  justice system in the film.  For instance:

Arthur's defense of the innocent (mistaken identity) guy jailed for a broken taillight then subsequently killed because the judge didn't like Arthur ie:  "frankly I don't give a shit about your client"

Arthur's partner in the DA's office who was supposed to present evidence to get his client released, but F'd that up (guy ended up hanging himself) and his partner claiming "it's all nickel & dime"

The corrupt judge who freely admits his guilt even saying "he'd like to do it again"

Overall, I found it to be an excellent film (top 5), albeit disturbing, with one of Pacino's best performances.

Yes, I had a hidden agenda when I asked the question back in October and was met with this response.  My overall opinion was formed then.

[HarleyBreite]

Hey Guys,
  Well so much for bodybuilding, MMA, cars, diet, nutrition, bodybuilder gossip and even hot chicks.
  Some of these child abuse questions seem to be quite similar so let me bring this short but volatile chapter to a final conclusion on my part:
  1)  I am not my job.
  2)  I am proud of what I have achieved, from nothing, with no help from the politicos or anyone else but a few close friends and parents.
  3)  I am much more proud of several other things I have achieved in life than anything I've ever done as an attorney.
  4)  I was a part time Municipal Prosecutor in 4 towns for 2 years and hated it!!!  I didn't want to "judge" anyone.  Defendant walks into my office
and has a ticket for No Insurance which is a $1,000 fine and mandatory 1 year loss of license.  The following conversation takes place with he and I:
      Me: "Did you have insurance?"
      Him: "No"
      Me:  "Why not?"
      Him:  "I can't afford it" (NJ is the HIGHEST paying state in the country for car insurance)
      Me:  "What do you do for work?"
      Him:  "I work in a factory"
      Me:  "Do you have a family?"
      Him:  "Yes, I am married and have 2 kids."
      Me:  "So if you have no license, you can't work.  I am going to downgrade (change) your ticket to Failure to Produce the Insurance Card.  No suspension and a $32.00 fine.
 5)  Given that my grandfather was shot through the head with a rifle by a 19 year old SS Officer (Josef Wurst- later hanged at trial) and survived
and my Dad went through the camps as well and saw Hitler live 2 times, I could not defend someone at Nuremburg.  
       Now go ahead and scream "hypocrite."  I have told you over and over again that my personal ethics don't have to make sense to anyone else.
My moral barometer does not have to be identical to yours.  I can't represent someone charged with abusing an animal and I can't tell you why that
is different to me than an alleged child abuser.  I do NOT condone either.  If I don't have the nerve to do something, I don't do it.  It does NOT have to
make sense to anyone else.  Do your ethics, justifications and peccadillos make perfect sense to me, to Las Vegas, to Pellius?  Probably not but it doesn't
matter.  They don't have to.  I am not operating outside the law and the argument that I am not hurting anyone can be debated ONLY if you first find
the judicial system at fault.  I am a terribly flawed human being (don't tell my girlfriend) but my job is the same job as hundreds of thousands of others so
perhaps there has been a societal acceptance way before I went to law school that what I do for a JOB has some purpose or place despite it being terribly
unpopular.
  6)  I fully understand how people despise child abusers.  I even gave you the name of a client whose case was so repulsive that I still have nightmares when
I think about the photos in the Discovery.  I actually removed myself from the case.  Yet no one ever asked me about that case.  Again, strange.  
Perhaps the best way to help diminish (not able to abolish) child abuse is to have the public view trials of the accused and watch as most are convicted and those who
aren't are forever embarrassed anyway.  Perhaps if more abusers saw the trial and that evidence is presented in an overwhelming and expertise manner, they might think twice before acting.
  7)  I ask you to find ONE example of me criticizing anyone else's job or profession.  I even supported Vince G when he was attacked for some type of job he held.  The
job does not necessarily make the man, neither does the suit or flannel shirt or car he drives.  I, along with almost all of you, am much more than simply my job.  We
are all an amalgam of different emotions, frustrations, desires, talents, attributes, interest, etc.  I am sure my postman has much more going on in his life than just his job.
  I think I will wait for a new topic here to emerge as I've pretty much exhausted all my answers as to why I represent the reprehensible.
  Nevertheless, I remain on GetBig knowing the consequences because in the end, you guys are very smart, fun and thought provoking.
Harley

[Simple Simon]

Yes, I had a hidden agenda when I asked the question back in October and was met with this response.  My overall opinion was formed then.

Nicely done.

[SF1900]

Harley,

If you knew there was overwhelming evidence against a child molester (DNA evidence), would you still defend him? Would you help him get the minimal sentence? And if you did help him get the minimal sentence, would you be happy in knowing that a child molester will walk free in just a few years?

[Simple Simon]

Hey Guys,
  Well so much for bodybuilding, MMA, cars, diet, nutrition, bodybuilder gossip and even hot chicks.
  Some of these child abuse questions seem to be quite similar so let me bring this short but volatile chapter to a final conclusion on my part:
  1)  I am not my job.
  2)  I am proud of what I have achieved, from nothing, with no help from the politicos or anyone else but a few close friends and parents.
  3)  I am much more proud of several other things I have achieved in life than anything I've ever done as an attorney.
  4)  I was a part time Municipal Prosecutor in 4 towns for 2 years and hated it!!!  I didn't want to "judge" anyone.  Defendant walks into my office
and has a ticket for No Insurance which is a $1,000 fine and mandatory 1 year loss of license.  The following conversation takes place with he and I:
      Me: "Did you have insurance?"
      Him: "No"
      Me:  "Why not?"
      Him:  "I can't afford it" (NJ is the HIGHEST paying state in the country for car insurance)
      Me:  "What do you do for work?"
      Him:  "I work in a factory"
      Me:  "Do you have a family?"
      Him:  "Yes, I am married and have 2 kids."
      Me:  "So if you have no license, you can't work.  I am going to downgrade (change) your ticket to Failure to Produce the Insurance Card.  No suspension and a $32.00 fine.
 5)  Given that my grandfather was shot through the head with a rifle by a 19 year old SS Officer (Josef Wurst- later hanged at trial) and survived
and my Dad went through the camps as well and saw Hitler live 2 times, I could not defend someone at Nuremburg.  
       Now go ahead and scream "hypocrite."  I have told you over and over again that my personal ethics don't have to make sense to anyone else.
My moral barometer does not have to be identical to yours.  I can't represent someone charged with abusing an animal and I can't tell you why that
is different to me than an alleged child abuser.  I do NOT condone either.  If I don't have the nerve to do something, I don't do it.  It does NOT have to
make sense to anyone else.  Do your ethics, justifications and peccadillos make perfect sense to me, to Las Vegas, to Pellius?  Probably not but it doesn't
matter.  They don't have to.  I am not operating outside the law and the argument that I am not hurting anyone can be debated ONLY if you first find
the judicial system at fault.  I am a terribly flawed human being (don't tell my girlfriend) but my job is the same job as hundreds of thousands of others so
perhaps there has been a societal acceptance way before I went to law school that what I do for a JOB has some purpose or place despite it being terribly
unpopular.
  6)  I fully understand how people despise child abusers.  I even gave you the name of a client whose case was so repulsive that I still have nightmares when
I think about the photos in the Discovery.  I actually removed myself from the case.  Yet no one ever asked me about that case.  Again, strange.  
Perhaps the best way to help diminish (not able to abolish) child abuse is to have the public view trials of the accused and watch as most are convicted and those who
aren't are forever embarrassed anyway.  Perhaps if more abusers saw the trial and that evidence is presented in an overwhelming and expertise manner, they might think twice before acting.
  7)  I ask you to find ONE example of me criticizing anyone else's job or profession.  I even supported Vince G when he was attacked for some type of job he held.  The
job does not necessarily make the man, neither does the suit or flannel shirt or car he drives.  I, along with almost all of you, am much more than simply my job.  We
are all an amalgam of different emotions, frustrations, desires, talents, attributes, interest, etc.  I am sure my postman has much more going on in his life than just his job.
  I think I will wait for a new topic here to emerge as I've pretty much exhausted all my answers as to why I represent the reprehensible.
  Nevertheless, I remain on GetBig knowing the consequences because in the end, you guys are very smart, fun and thought provoking.
Harley

[OB1]

Dear Harley,
 Do you believe in Karma?
 Something along the lines of: "You reap what you sow"?
OB1

[Ronnie Rep]

Harley, please stop responding to the any questions regarding your moral compass regarding your criminal defense work.

You owe no one anything here and have provided more help an information than anyone ever has on Getbig.

[Taffin]

Hi Harley,

I can see you're busy with the legal side of things, but when you have a moment I'd be interested to hear how your training is going now youve recovered from your injury (hopefully better than mine LOL!). 

Cheers
Taffin

[FitnessFrenzy]

Harley, please stop responding to the any questions regarding your moral compass regarding your criminal defense work.

You owe no one anything here and have provided more help an information than anyone ever has on Getbig.

x2

[HarleyBreite]

Hi Harley,

I can see you're busy with the legal side of things, but when you have a moment I'd be interested to hear how your training is going now youve recovered from your injury (hopefully better than mine LOL!). 

Cheers
Taffin

Dear Taffin,
  A sigh of relief.
  I am in my 4th week of diet and weigh between 176-178.  Craig says I am way ahead of schedule with perhaps 6-7 weeks before
my "Target Day."  I will know soon when that specific day is which will help the dialing in much better.
  My eating is 5 times a day which is quite grueling for me.  I eat 6 ounces of broiled fish or chicken with a cup of green beans or I drink
a 40 gram protein of MuscleMilk Banana flavor.  I usually drink 2-3 meals a day and eat the rest.  The good new is that I am only doing
45 minutes of cardio a day until Craig tells me to go up to 2-3 hours a day to get rid of the rest of the fat and hit my 100% mark.
  My liver injury is all gone and so is my two counts of MRSA (staph infection) which blew up while in Switzerland and when I returned.  I haven't
been back on the mat yet as I am not going to risk another staph infection while shooting for my Target Day which is infinitely more important
to me although I do miss punching, kicking and BJJ, even if I take the worse of it.
  How is your training going?
Harley

[chaos]

If Harley no longer wants to discuss his job perhaps he should stop talking about the bottom barrel, pieces of shit clients he has.

[Las Vegas]

Harley, how much muscle are you looking to put on?