31 October 2005
Timmons Depo. update: On 1st Amendment hold; King v. Dunn Depo next up 18 Nov.
She said some straight-up ignorant things today that any rational person will find entirely unbelievable, and there will be Motions filed for refusal to answer certain crucial questions. However, the blow-by-blow report is on hold pending Chief Dunn's attorney's question to me afterward: "This is all confidential, with respect to your website, correct?" to which I responded "I hadn't thought much about it, actually but I would hate to think that the Court would have circumscribed my First Amendment Rights to talk about what happened here today." Or any day for that matter. The record is what it is, so why try to hide it, I wonder?
He said: "I would hate to see you in violation of Judge Hicks' Order."
I said: "Me, too -- but if it prohibits me from reporting what Defendant Timmons said today (in a Civil case indirectly involving my liberty interests, no less) I'm going to file an Interlocutory First Amendment Appeal." See Thomson v. Cash, 117 NH 653 (1977).
I am deciding whether to expedite the transcript or not. The extra money could be better used for Chief Dunn's Deposition, scheduled for Friday, 18 Oct. 2005.
PS: Me: "We gotta get rid of this 'no phone contact' rule you guys started. Scheduling Depos could be a lot easier without that... (I look at his keys)... You drive a SAAB, I drive a SAAB, can't we be civil enough to handle that?" Attorney Bauer did not at such time agree to approach the Court to remove this restriction that he and Attorneys Van Oot and Proulx sought and obtained.
PPS1: I will say this, based on independent observations: NAACP Bylaws in no way circumscribe a Legal Redress Chair's First Amendment Rights to issue a Demand Letter. And Timmons' testimony was in no way inconsistent with her prior testimony, including that she (now) has a notary seal on a document that was previously-written by Cleaven Ferguson that allegedly contradicts one that I have, along with the mean-spirited "you need to get a job... because if you had a 9-5 you wouldn't be doing this stuff." Which of course provides me all the incentive in the World not to get a 9-5, like when I was an Assistant Ohio Attorney General, learning all about our fine system of Justice.
PPS2: The material lies she may have uttered yeserday will await a likely Motion for Perjury after I clean up the noise in the dialogue on the Willie Toney interview CD that Chief Dunn/Jaffrey PD finally provided after many months of waiting.
Now back to my Motion for Clarification on this issue (including this blawg piece); Timmons Discovery Requests and Chief Dunn Depo. preparation. Unlike yesterday, when I was a bit rusty, I'm gonna be tack-sharp for Chief Dunn.