18 May 2015

KingCast and Mortgage Movies See Kent County Delaware Register of Deeds Betty Lou McKenna, Holly Malone and Attorney John Pardee Attempt to Truncate Discovery with Bullshit Dispositive Motions.



25 June 2015 update:


Good Day Counselors,

I look forward to your clients' individual and collective responses.  I can see it now.

You:   "Well Mr. King the Court said it was okay to trivialize your concerns about what authority Defendants had."

Me:    "Yeah, well the Court also said that Rule 155 didn't apply to Trial Courts and we see that's yet another lie."

I know I am driving your clients crazy.  

But that's not my fault.  This was a routine shoot much like I have done hundreds of times in my career. Here's one from 5 years ago relating to the Marinova v. Boston Herald lawsuit where I helped Ms. Marinova obtain counsel to sue the living shit out of the Herald = $.9M settlement after Jury Trial.


I covered that case from start to finish, including the Herald's failed attempt to subpoena me. I often made their lawyers look stupid in the hallways of the Courthouse, but guess what?  

Courthouse hallways are public areas.  I took a lot of those videos down but I think I'll put them back up now, starting with the first day of trial and the failed subpoena.

Trial

Subpoena: John McEnroe makes a cameo!

Rick Jensen doesn't seem to get it but Bill Gunlocke and Nancy Willing do. Fortunately, most Courts these days get it too.  Pomykacz v. Borough of W. Wildwood, 438 F. Supp. 2d 504 (2006).


In 2006, a federal district court in New Jersey decided the case of Pomykacz v. Borough of W. Wildwood, 438 F. Supp. 2d 504 (2006)

·       Pomykacz was a self-described “citizen activist” who expressed concern that a suspected romance between the town’s mayor and a police officer were leading to nepotism, conflicts of interest and preferential treatment. These suspicions led Pomykacz to “monitor” the two, which included taking photographs. Eventually she was arrested on charges of stalking, though the charges were downgraded to harassment. Pomykacz ended up filing suit asserting, among other things, that she was arrested in violation of the First Amendment retaliation for her monitoring activities.

·       On the night of October 7, 2002, on her way to Wildwood, Pomykacz drove past the borough municipal building and observed Officer Ferentz working on renovations while she was on duty. Later that night, after Pomykacz had returned from Wildwood, she photographed Officer Ferentz in the police headquarters. 7 Another police officer and  [*508]  Mayor Fox were also present in the police station at the time. According toPomykacz, Mayor Fox came out of the building and began yelling at her. Pomykacz walked home without responding.

U.S. District Judge Joseph E. Irenas noted, 

Pomykacz has put forth sufficient evidence that she was a concerned citizen who at times spoke her mind to Borough  [*513]  officials and other citizens about her concerns regarding the official conduct of the police department and the mayor. Such speech is clearly protected by the First Amendment. 14 See Mills v. Alabama, 384 U.S. 214, 218, 86 S. Ct. 1434, 16 L. Ed. 2d 484 (1966) HN15o to the description of this Headnote.("a major purpose of [the First] Amendment was to protect the free discussion of governmental affairs."); Roth v. United States, 354 U.S. 476, 484, 77 S. Ct. 1304, 1 L. Ed. 2d 1498 (1957) ("The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people.").

That’s all she wrote, folks.  Defendants have one case to Plaintiff’s 5 or 6.

I offered to settle this case on the cheap.  The choices that you and your clients made outlined their fate and the trajectory of this case, which will soon include that Declaratory Judgment Action vis a vis Rule 155.

Best regards,

**************

Delaware Way's Nancy Willing reports on tomorrow's 11 June 2015 Evidentiary Hearing. 

**********

14 June 2014 email to Delaware Supreme Court Chief Admin William Montgomery and all staff, as well as to the National Center for State Courts (NCSC) a nonpartisan outfit that reached the same conclusion I did. But don't take my word for it, read it right here
.
Dear Sir et al:

We are in the midst of a Constitutional and Statutory spat in which certain government actors and their private, well-heeled friends are substantially limiting (read: eliminating) camera access by media in the Recorder of Deeds Office and in a Trial Court.

I am not here to ask you about the Recorder of Deeds issue as that will be litigated all the way to SCOTUS if necessary.

What I *AM* here to ask you about is the fact that the Supreme Court seems to have made it more than clear that cameras ought be allowed, specifically in the Trial Courts -- even as Commissioner Freud said no, and cut me off when I went on to explain. The Transcript will be ordered next week.

The language is unequivocal and is hosted on several websites, some owned by the State as well as one owned by the National Center for State Courts, an apparently non-partisan outfit that is copied on this email.

(2) The Bar-Bench-Media Conference, after considerable study, has submitted to the Supreme Court a thoughtful proposal that would permit expanded electronic media coverage of judicial proceedings in the trial courts of this State.

(4) The Court has evaluated the Conference’s proposal, and agrees that an experiment with electronic media coverage of certain Delaware trial court proceedings may lead to future policies that will enable our citizens to become better informed about the important public role served by our trial courts.

My thoughts are noted in the video link below and in my Motion to Reconsider as attached. Further, in the interests of public knowledge in the stated Spirit of the Rule, this email and your response is being vigorously posted online this coming week. Further, there will be a video with this email and all responses set to a voiceover.

I was an Assistant State Attorney and I have been involved in media and law for far too long to suffer the indignities that I am suffering in Delaware and having people post my picture up at guard desks and basically look at me as if I have three heads when I raise this issue. I will simply not stop until every stone has been upturned in my quest to shed light on what should be public processes.

Attorney Hurley over at the NCSC speaks fluid Russian, so I am certain that he -- and those of us of a certain age -- are all aware of the worth of glasnost and perestroika.  I am also certain that he favors the status quo over that of the former Stalinist empire, which seems to be the active model involved in Kent County, Delaware. That is their shame, Sir, not mine.

I look forward to a phone call from you tomorrow, 15 June 2015 on this crucial issue. Because either the NCSC and I are correct, or they have to modify their website accordingly. It's kind of like that line in Gorky Park when William Hurt says:

"They fell into a chasm.... the chasm between what is said.... and what is done."

I have no desire to inhabit any such chasm in the Free World.

"But if anyone can help us move forward as a Court and Judiciary, it is Bill Montgomery."
   - Supreme Court Chief Justice Leo E. Strine, Jr.

Wherefore, please advise.

Very Truly Yours,

My Motion for Partial Summary Judgment on First Amendment and Free Press Claims must be answered by 12 June 2015.

Newsflash: I am requesting leave to file an Amended Complaint alleging Equal Protection violations because Lancaster County Recorder of Deeds allows cameras!  

To save time money and Judicial resources I offered Defendants the opportunity to try the issue as if an Amended Complaint had been filed. They will fuss and fight. I will drag them all the way to SCOTUS fussing and fighting then. Just remember, I offered to settle for cheap change weeks ago and they decided to fight well don't bring a knife to a gunfight, folks.

Media. Just like KIRO 7 only smaller. 
Access, because it is Constitutional.
This is simple stuff, folks.
Today's email to Counsel for Defendants:
Good Day Counselors and media, 

I.  Offer of Proof Video in Production.
I left the Bat Cave this afternoon to document that which common sense tells us. If you don't get it now you never will. 
Fortunately Jon Scherer, Recording Manager of King County gets it.
Stay tuned for the video link and the Court filing.

II.
Voluntary Dismissal of Negligent and Intentional Emotional Distress Claim.
That is self-explanatory. Document and Proposed order forthcoming.

III.  Modification to Motion for Partial Summary Judgment.
As to Plaintiff's Motion for Partial Summary Judgment I'll be modifying that because I forgot to mention the Free Press Claim.
IV. VIOLATION OF DELAWARE FREEDOM OF THE PRESS, ARTICLE 1 SEC. 5 AS PER 42 U.S.C. §1983
§5. Freedom of press; evidence in libel prosecutions; jury questions.
Section 5. The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury may determine the facts and the law, as in other cases. 

Defendants can do and say and they please. That's what people running a dirty operation will do. Conversely, here in Seattle I've got City Councilors coming to my housing events and astutely following everything I say when I step up to the microphone, including the audits of County Recorder's offices that Defendants will never do, because they are in bed with the Devil.

I wanted to get this email to you immediately in the unlikely event that your clients would like to speak with Mr. Scherer today there's still time!!!

The video is coming tonight and the documents will be overnighted to the Court tomorrow and sent to you in a timely manner.

That is all for now.

Very Truly Yours,
Thomas Paine supports KingCast in vicious Free Press battle after the stolen La Mar Gunn​ Register of Deeds Election. They refused to answer my phone calls about false statements they made about Mr. Gunn, and refused to allow me to run video of all the criminal activity going on in a public building. That is a thumbnail from the closing page of my Motion to hold their bullshit Dispositive Motion in Abeyance until I finish my G___D___ Discovery. In Fn2 I wrote:

 2 Speaking of the Constitution in an historical context, think of it this way: The Defendants have already shot their collective wad and there really isn’t anything at this point that they can learn about Plaintiff that will aide them in any material way in Defending this case. Plaintiff, conversely --- as an Original Pamphleteer in the Spirit of Thomas Paine in a digital era -- is still loading his muzzle. It really is that simple.

They cited to my loss in KingCast v. Ayotte, which involved Private property. But as you can see, Ayotte complies with the Law when it comes to her elected office and public property.


I'll publish my Motion to Hold their Dispositive Motions in Abeyance by tomorrow, as well as some of the Motions to Compel. They are sooooo full of shit you can't believe it. Well actually the sad thing is, you probably CAN believe it.

Here is your back story, with an Interview between Candidate Gunn and 105.9 and here is the interview between WDEL 101.7 and Yours Truly.

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