In Nicola Jagessar v. Bart Brown, a California Court of Appeal panel has unanimously reversed in full restraining orders sought by Whittier College student Nicola Jagessar seeking to silence academic misconduct whistleblower Bart Brown. The Court of Appeal Justices found prejudicial error in the trial court phase of the case, presided over by William A. Allen of the Norwalk Superior Court, raising serious questions about misconduct and criminal conspiracy. This website has learned that a complaint has been filed against Commissioner William A. Allen for alleged misconduct in the case.
Court documents describe a conspiracy to make a false filing and commit perjury to chill Brown’s exercise of protected speech and petition rights, and to obstruct justice. Whittier College prevented an Open Letter from Brown being published in the Quaker Campus newspaper, and then planted a disinformation article that libeled and defamed Brown in that publication, after threats from Whittier College attorney and Trustee Ernie Zachary Park, of Bewley, Lassleben & Miller (formerly Bewley & Nixon), didn’t deter Brown, who appears to have been made more determined by each Dirty Trick used against him by the conspirators.
Whittier College administrators, including Pres. Sharon Herzberger and Campus Safety Assistant Chief John Lewis, as well as Ernie Park, were all well aware of not only the facts that Nicola Jagessar was guilty of chronic academic misconduct, had been the subject of a psychological intervention by Whittier College staff on campus, and had lied again when she stated that she had obtained a restraining order naming Brown, but also of reports that Jagessar had threatened and harassed Brown and his relatives, and that a gunman of Jagessar’s ethnicity attempted to murder Brown after he duly reported Jagessar’s academic misconduct involving his original works.
Documents filed in the case describe the troubled background of Nicola Jagessar, her reports of emotional, physical and sexual abuse in her family home in Trinidad at the hands of both parents - Patrick, a former senior magistrate sentenced to a 19 year prison term for corruption and perversion of justice, and Delita, who was divorced by Patrick after she publicly cuckolded him after his release from prison, and their daughter Nicola’s consequent alcoholism, drug abuse, exhibitionism and predatory bisexuality, habitual dishonesty, chronic academic misconduct, history of threats and incidents of violence, and psychiatric treatment – and that Nicola Jagessar has continued acting out that abuse in the United States, after it’s alleged she and her mother misrepresented facts to the U. S. Department of State to gain entry to the United States.
According to Nicola Jagessar’s own testimony, she was the subject of a psychological intervention by Whittier College staff on 29 November 04, the day she was caught using Brown’s works as her own in Whittier College courses. Court documents describe how Ms. Jagessar filed a red herring false complaint against Brown, and reportedly threatened Brown’s and a sister’s lives if he discharged the obligation to report Jagessar’s academic misconduct.
Not surprisingly, questions have arisen regarding criminal negligence and misconduct by Whittier College in re Jagessar v. Brown as well as in the Barnstone, Heldman cheating scandal turned violent. The evidence of Nicola Jagessar’s academic misconduct at Whittier College filed by the courts include a specific assignment, original written work by Brown with a Whittier College instructor’s comments between its paragraphs, and emails from Jagessar to Brown using various ploys to obtain his original written works. Court documents also reveal Jagessar’s earlier chronic academic misconduct at Holy Name Convent girls secondary school, Port of Spain, Trinidad, where Jagessar’s ex-convict father menacingly installed himself on the PTA Board.
This website is seeking to confirm a report that before Nicola Jagessar fled California a second time, while the Appeal process was ongoing, she was caught cheating yet again at Whittier College, and that Jagessar made threats in that case, too.
Despite the undisputed evidence of Jagessar’s chronic academic misconduct and evident danger she poses to herself and others, particularly to Brown and his family, Whittier College nevertheless chose to engage in misconduct and crimes to keep Jagessar’s academic misconduct and pursuant threats and violence reported by Brown quiet, to chill discussion of academic integrity as the critical social issue it has become generally, and with specificity in the Jagessar case.
In his Opening Brief, Brown explains that a generation ago, 1 in 10 students had engaged in academic cheating, but that today 8-9 out of every 10 students have cheated. Brown argues that academic misconduct, since ethics are learned in school, is the salient social issue today in that getting away with cheating in school leads to incompetence in business and corruption in politics, in the unraveling of civil society.
Questions have been raised as to whether Nicola Jagessar’s chronic academic cheating and psychiatric treatment were deleted from her cumulative record sent from Holy Name Convent girls school to Whittier College, and whether Whittier College deleted Jagessar’s chronic academic misconduct and psychological intervention by Whittier College staff from Jagessar’s records sent, this website has learned, to Tulane University in New Orleans, to which Nicola Jagessar fled fearing consequences of a Court of Appeal reversal, even though reversals are obtained in less than 15% of appeals, and Brown was self-represented. The Appeal Court panel Justices who reversed the orders made in Jagessar v. Brown affirmed every other lower court decision appealed in that session.
That Tulane with its high pre-Katrina reputation would accept Jagessar’s transfer application was responded to with surprise and disbelief by those familiar with Nicola Jagessar’s academic record, even given unprecedented post-Katrina recruiting difficulties for New Orleans colleges.
"I remember Nicola Jagessar and her disastrous run at Whittier College. She definitely had issues and her grades were terrible."
"...I remember hearing that Nicola had disappeared from [Whittier] and no one was able to find her. In terms of getting into Tulane, I have no idea how she managed it. Maybe she applied for academic renewal?"
This website has learned that Nicola Jagessar was ostracized by a Whittier College student group engaged in volunteer relief and rebuilding work in New Orleans. While her Whittier College classmates were doing the hard, dirty cleanup work in flood devastated New Orleans wards during spring break, Nicola Jagessar was making a drunken spectacle of herself on Bourbon Street club stages with a girlfriend, Kate Maiorano, and publishing photos of herself holding an African-American baby whose mother Jagessar falsely claimed had drowned in the flooding unleashed by Hurricane Katrina, among other dishonest acts terminally alienating the student group. A letter by a Whittier College student in that same group explaining the reasons for Jagessar’s ostracization from the group was circulated online.
Nicola Jagessar to girlfriend Kate Maiorano:
"I saw a girl at our school...post about getting on top tables and I chuckled.
"I thought, try flying all day, getting off the plane tired, sweaty, no make up, lame clothes and getting on top the stage in Bourbon St and getting the men there wanting to skeet skeet, dancing and having one helluva time, tons of tequila shots, and turning what started off as a lame ass night with those lameo kids into a shitshow!"
(Editor's note: In this connection, see linked article about Nicola Jagessar's father Patrick Jagessar's Born Again Con, or Your BS Ruined My Breakfast story link below.)
"It seems there really is nothing real about Nicola Jagessar. I overheard she's a transsexual, and that would really explain a lot about her, him, whatever! Even the name, Nicola, is used by both guys and girls. I'm believing this..."
whittiergate Note: Nicola Jagessar girlfriend Katie Maiorano's reputation as a 'fag hag' is a strange if perfect fit with this speculation
Those "lameo" kids in shiftless Nicola Jagessar's jaundiced view, are the Whittier College students who did the arduous and dangerous work day in day out of gutting mold-infested houses in a Hurricane Katrina-devastated New Orleans ward, while Nicola Jagessar partied in the high and dry French Quarter, crashed, and stopped by the ward work site for that sidewalk photo opportunity (Jagessar actually had herself photographed dancing with a broom, revealing not just a lack of awareness and character, but no awareness or character at all), then disappeared again.
Nicola Jagessar was accused by other students in that same volunteer relief group of showing up for relief work only a few times and of only feigning work on those few occasions, and of crying crocodile tears at the few meetings she attended, reminding us of Richard M. Nixon’s confession to interviewer David Frost that Nixon never cried except before a public audience.
Excerpts from an open letter by a member of the Whittier
College student Katrina-relief volunteer group who learned who and what Nicola
Jagessar is in reality, and thought others should be forewarned while trying
to help the wayward Jagessar:
"Once upon a time, there was a girl who went to New Orleans over Spring Break. She never did any work, mind you, but she was always the one who cried the hardest at meetings. She claimed to want to help but never actually did anything...
"The girl had clearly never done any form of labour in her life, and that certainly didn't change in New Orleans. Maybe she shuffled around a couple of leaves on the sidewalk in NOLA (which was used as an extensive photo op), but that was the extent of her efforts. ...She only stayed for three days, but told everyone she stayed the week with the rest of the group.
"Upon return to California, she was ostracized from the group.
"She posted...pictures... Of course, she did not take those pictures. In fact, she downloaded them from volunteer websites. ...she...implies she was at those rallies, walking on those marches, standing by those suffering.
"The saddest thing of all is that she might actually believe her own deceit. Ignorance is bliss and to face one's own ugliness is very hard to do. ...it is hard for HER to face. The rest of us can see the ugly truth...
"...I know some of you may be angry with her. Some call it an injustice, but the injustice is giving her the attention she screams for. The injustice is humouring her when she preaches self-righteously and sheds fake tears. ...This was posted for her own good. Stop believing your lies...girl. ...you have no right to cry."
Nicola Jagessar has repeatedly claimed that she’s associated with Common Ground Relief in New Orleans, but this website has learned that Jagessar is in fact not affiliated in any way with CG, and that she does no volunteer work of any kind for that or to our knowledge any relief organization anywhere, despite her repeated misrepresentations that she is a deeply committed volunteer in post-Katrina New Orleans.
Court documents reveal that while Whittier College stonewalled Brown’s report of Jagessar’s unauthorized use of his works in her academic cheating schemes, Brown and his relatives were being subjected to harassing telephone calls, Nicola Jagessar making two malicious false complaints against Brown with law enforcement agencies, surveillance, a much loved pet dog being stabbed to death by an intruder who took nothing, and two arson fires, in addition to the attempted murder of Brown.
A declaration filed in the case by a businessman in Michigan details Nicola Jagessar’s efforts to precisely locate the sister of Brown whom Jagessar had also threatened. Jagessar’s efforts were so obviously dishonest that the Declarant became suspicious and reported Jagessar The crime wave against Brown and his family is detailed in the case file and in a civil harassment action filed by Brown seeking protection from Jagessar, the latter dismissed after Jagessar evaded legal service by Sheriff’s deputies six times, on the Whittier College campus and at a relative’s home in Los Angeles county, before removing herself from the court’s jurisdiction.
Brown at length sent an Open Letter to Quaker Campus through which he sought to raise awareness of the academic misconduct crisis, presented an assignment verbatim and solicited the relevant instructor’s name and course title from readers, and apologized to Whittier College students for the unauthorized use of his works in their courses by an unnamed student. Whittier College prevented publication of Brown’s Open Letter and planted a disinformation article in which Whittier College Dean Andre Coleman baldly denies academic cheating has taken place and in which Brown is libeled and defamed.
"I am very angry with the (Whittier College) administration. The school sells itself as a "liberal arts" school, however, they operate the school as though it were an elementary school. The administration is all about control and micromanagement."
These newest instances of Whittier College’s interference with freedom of the press, as well as felony (electronic) eavesdropping on Quaker Campus discovered in 2002, and the College’s suppression of The Liberty Bell student publication in 2003, are described in the Jagessar v. Brown case Opening Brief. Between the prevention of Brown’s Open Letter publication and publication of the planted disinformation article, Ernie Park sent Brown a letter, followed by emails, in which Park threatened and libeled Brown.
Nicola Jagessar fabricated an intimate relationship with Brown so that she could falsely cast Brown as a stalker and so discredit him. Similarly, Whittier College students sought to discredit distinguished Whittier College Assistant Professor Anthony Barnstone as a distraction from the threats and violence they unleashed on Barnstone for reporting academic misconduct, on Assistant Professor Caroline Heldman for standing up to the unethical and dangerously criminal students, and on Heldman’s 10 year old child, the better to silence the professors – and the only result of Whittier College’s discipline after the guilty students were identified, was that two shots were then fired through the 10 year old child’s on campus bedroom window, the perpetrators yet again making a mockery of student discipline at Whittier College and getting away with committing serious crime after serious crime on campus.
Jagessar also falsely claimed she had obtained a restraining order naming Brown. Couirt documents make abundantly clear that no intimate relationship ever existed between Jagessar and Brown, and that no such order existed, that this fabrication by Jagessar was a red herring to divert attention away from her misconduct and crimes, and to insulate Ernie Park and Whittier College from possible legal action by Brown, to silence Brown, to chill the exercise of his protected speech and petition rights - no matter to the student or to Whittier College that the object of their criminal conspiracy would cost Brown his good reputation, his protected rights, and his family’s safety – all for Brown properly reporting academic misconduct. An institution of higher learning that effectively condones academic misconduct and criminal acts, and presents itself as incapable of learning that Dirty Tricks are un-American, is in reality an institution of lower learning betraying its students and posing a danger to individuals and to society.
Court documents reveal that on the morning of 26 April 05, Brown sent Ernie Park an email responsive to Park’s threats against and libel of Brown, in which Brown stated that according to the Superior Court no restraining order had issued at Jagessar’s request or naming Brown, and that unless Park stopped threatening and libeling Brown, that Brown would have to consider appropriate legal action. On the afternoon of that same day, Nicola Jagessar was taken to the Norwalk Superior Court where she perjured herself to falsely file for a restraining order under the Domestic Violence Prevention Act, seeking to silence the whistleblower. It took Brown more than two years to regain his rights and reputation, taken from him by an evident criminal conspiracy to chill his exercise of those rights, and Brown and his family still live every day with the possibility of further assaults on them.
On 17 May 05, two days before a scheduled Superior Court hearing, Park informed Brown by email that subpoenas, subpoenas duce tecum, and requests for admissions duly issued by Brown, would be ignored, obstructing discovery by and due process for Brown. Park’s stated justification for this obstruction of justice was that Whittier College was not involved in the case. Yet Assistant Safety Chief John Lewis and a female employee of Whittier College transported Nicola Jagessar to and directed her at hearing two days later.
On 19 May 05, John Lewis sat silent in the face of testimony by Nicola Jagessar that Lewis personally knew to be perjured, and Brown alleges then engaged in ex parte communication with the trial court and had Ms. Jagessar change her mailing address and telephone number for the court to Lewis’ Whittier College office address and telephone number. Lewis was quoted in the planted Quaker Campus disinformation article, published less than a week before this case was initially filed, as explaining that Lewis was in contact with all the parties and that Brown poses no threat to anyone.
Evidently, academic cheating is worth engaging in misconduct and crimes to keep quiet in the minds of the principal decision makers at Whittier College. Is it any wonder that students believe they can lie and cheat and terrorize anyone who properly objects? If a student who chronically cheats put an equivalent effort into learning subjects, the student wouldn’t have to cheat to get good grades, and if Park and Herzberger and underlings like Coleman and Lewis put an equivalent effort into putting a stop to academic misconduct and threats and violence on the Whittier College campus as they put into misconduct and committing crimes, then they’d be part of an institution of higher learning of which they could be honestly proud, instead of living in fear of the frauds being perpetrated by Whittier College on student families, and misconduct and crimes committed against good people already victimized by bullying and criminal students, and even by Campus Safety personnel, being discovered and revealed.
Documents filed in the trial and appeal courts also reveal that Whittier College Safety officers assaulted Dylan Brown, only minutes after that officer of the court had properly made required legal service on Nicola Jagessar through John Lewis at the campus Safety office on 27 July 05. Dylan Brown has consequently been in both physical therapy and psychological counseling. A report was filed with the Whittier P. D., but no action has been taken by the local police department, just as was the case when the Whittier P. D. told Quaker Campus editor Amy Stice that there was no evidence of a crime as she stood before them with the electronic bug found soldered in place in the newspaper’s editorial office in her open hand. Eavesdropping where there is an expectation of privacy is a felony in California, and assault under color of authority is an enhanced felony. To this website’s knowledge, neither has any action has been taken by the Whittier P. D. on a complaint filed by Prof. Barnstone.
The Whittier P. D. detective, Joe Rivera, assigned to investigate the Quaker Campus eavesdropping case, was formerly an officer with the Whittier College Safety office. Detective Rivera admitted that a former Whittier College Safety Chief probably knew about the felony electronic eavesdropping on the campus newspaper, and then pathetically excused not locating and interviewing a potential felony suspect thusly: “…he’s nowhere to be found. He moved out of state. So that kind of left me at a dead end.” When the Student Press Law Center subsequently inquired about the Quaker Campus eavesdropping case, the SPLC was informed by the Whittier P. D. that there was no such case.
This website has learned that Nicola Jagessar’s abusive father, Patrick Jagessar, while feared in Trinidad, is also a joke there – because as a senior magistrate he accepted a bribe of a million dollars in the form of a check. In similar vein, the incompetence of the corruption at Whittier College and in its sphere of influence is for those outside it a good laugh. But for those who’ve been victimized by such blatant misconduct and crimes of both negligence and malevolence, justice remains a pressing matter.
This website will make certain that the Trustees of Whittier College can’t say they aren’t aware of what’s going on at the College they’re charged with overseeing. Whittier College is small and everyone knows what’s going on, and so everyone who remains silent in the face of misconduct and crime is made complicit.
Whittier College is forever insincerely referencing its Quaker heritage. The Quakers who founded Whittier College found themselves unable in good conscience to continue funding and associating with Whittier College and did indeed stop funding the school. These same Friends continued to fund higher education, just not Whittier College. The Quakers correctly diagnosed an illness in Whittier College’s soul, and the condition has only worsened over the years, culminating in the murder of Poet pride by the two shots fired through the on campus Master Faculty house bedroom window of a child in the Barnstone, Heldman cheating scandal turned violent.
Students are being misled by the Whittier College administration to believe that cheating and bullying and worse aren’t serious matters, not the serious misconduct and crimes they really are. Whittier College professors and honest students are afraid to report cheating, have been intimidated into silence by threats, harassment and violence. Teachers are disheartened and students are being passed and graduated whether they’ve mastered subjects or not. What’s going on at Whittier College is simply not acceptable, and if the buck doesn’t stop at the Trustees’ door, then it will end up in the court of public opinion, and this website suspects in the criminal courts.
California Court of Appeal, Case Number B186366
Jagessar v. Brown, Case Disposition (orders reversed in full) CLICK HERE
Jagessar v. Brown, Opening Brief CLICK HERE
Superior Court, County of Los Angeles, Case Number VQ006413
Instances of Perjury by Nicola Jagessar in Superior Court Case No. VQ006413 CLICK HERE
Jagessar v. Brown, Court Order (order stricken, case dismissed) CLICK HERE
Jagessar v. Brown Opinion, Case No. B186366, California Court of Appeal:
'Ex-Magistrate: Jail not nice' by Phoolo Danny-Maharaj
Trinidad Express, December 17, 2007
Patrick Jagessar's Born Again Con, or Your BS Ruined My Breakfast: http://www.trinidadexpress.com/index.pl/article?id=161251298 'Ex-magistrate: Jail not nice'
"Former senior magistrate Patrick Jagessar, who was convicted and jailed for two years in 1988 for bribery, related how he scooped faeces from the prison floor and used a fellow prisoner's toothbrush" in a breakfast speech delivered in southern Trinidad, or http://trinbago.com/news/story/Ex_magistrate_Jail_not_nice
Comment by Amir Jaram, Ajfuzabad/Butler Town, Trinidad, on an article, 'Magistrate
reports magistrate', by Francis Joseph, Guardian, 20 July 09: "No judicial
officer in modern times is going to allow himself to become another Patrick
Jagessar. I believe they have more integrity than that."
Let's hope Amir's right, and keep our eyes open...
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