Cyberharasser’s Court Action Backfires on Him (Faces of Racism, Pt 2)
Posted by scrodriguez2
I immediately received phone calls before making to my attorney’s office, which was two blocks from the courthouse. It appears rather than humbling himself and accepting defeat and moving on he chose to start up right again, posting more garbage. I honestly was not surprised to hear the news but the focus at that point was getting the tire fixed so I could make the trip home. A screw got stuck in my tire on the way to my attorney’s office.
On the way home, random thoughts started to emerge knowing that he was firing away talking trash telling more lies. The reality of it all hit me. This man really is mentally ill. He is obsessed with the likes of George Zimmerman, Michael Dunn and Theodore Wafer. That’s a scary concept when you think about it.
There is no gun control in the United States for people with mental illness. They are allowed to carry. Can you imagine a person who creates their own reality and lives in a world of lies owning a fire arm? He is obsessed at the idea of killing black people in the name of self-defense. He lives in a fantasy world. Look at what we know about him.
He claims he has a wife and step-daughter, but he does not. He used the legal system as a means to cause harm to me and this alleged wife he loves so much. This is a man who lied on sworn declarations and lied during court and he knows he lied. He is dangerous without owning a firearm so imagine if he obtained one?
Come to think of it, we know he is on SSI disability for his mental illness which is why he spends so much time on the internet harassing people over social media. I understand that those assisting him also receive SSI so it wouldn’t be a surprise if there is mental illness across the board as they all share the same ideology, and his friends honestly believe the garbage he tells them even when they know he is lying.
On June 4, 2014, my stalker filed for an appeal with the 5th District Court of Appeals in Fresno, California. We know that appeal isn’t going anywhere. He had no evidence at all to prove anything in civil court yet he is stating that the court ruled in error. Oh wait — I almost forgot he has a history of doing this why should I be so surprised here?
I know what the purpose is at this stage and it has nothing to do with this man winning any type of case at this point. It’s a matter of him attempting to drain me financially so he can claim victory in that sense. I refuse to participate in the appeals process and won’t.
Suddenly he took a page out of the Mark O’Mara handbook and started a donation site to fund his appeal. Problem is not only is that page slanderous and an outright lie to the public, but it’s also fraudulent. This man had his court fees waived so why does he need money to cover the costs of the appeal? He does not have an attorney, so there are no legal fees. He doesn’t have a job, so it’s not as if he has to take off work to prepare the appeal. He is using this as a means to scam money off of the public, even his own friends.
Before too long he began to post my wife’s information including her profile from her place of work. He also indicated that he knew where she obtained her PhD, and his friends began to advise him to interfere with her job. It was at that point I had no other choice than to file for a restraining order against him.
It was crazy yet funny at the same time to see the reaction his friends had in learning my wife has a PhD. Some of them had a hard time comprehending it or soaking it in. Then again, this is a group of people who believe in the hype of the stereo type. I mean after all, there is just no way that educated people would support Justice for Trayvon Martin right? And speaking of educated people, I have noticed that the people harassed by this group of Twidiots are educated with degrees, yet the twidiots who stalk and harass Trayvon supporters are not?
On June 13, 2014, the Los Angeles County Superior Court granted me a Temporary Restraining order against my stalker. He was in denial at the fact that a Restraining order was granted. He even stated that the case number listed did not exist as all cases start with the current year Example 14-******. However that’s not the way it works at every courthouse. Obviously, he thinks he knows the law after a couple paralegal classes and a few court room dramas on TV. Suddenly he is Mark O’Mara.
After he was served the Temporary Restraining Order, reality set in and as expected, he filed motion after motion after motion. Just as we expected, he lied again in a sworn statement. He swore to the court that he has a restraining order against me. He advanced that lie to request the court to find me in violation of the non-existent restraining order to arrest me.
But where things got really strange was when he took stuff my attorney added to our response for our hearing back in June. He basically tried using the terms and language my attorney did and went into a rant demanding that I be arrested.
He followed that with 3 motions demanding that I be arrested on criminal perjury charges.
Like I said, we are talking about a man with a mental illness here. After sifting through his own evidence, we caught him in a string of lies and his own evidence proves he is lying.
The hearing on my petition for a restraining order was set for July 3, 2014. The harasser filed two motions for continuance. His first alleged that he is epileptic and unable to drive. The judge stated that she had to consider his disability and give him an opportunity to make arrangements. I explained my concern that we would simply be seeing more requests for continuance because I did not believe he wanted to come to court.
The next hearing was on July 24, 2014. Three days before that hearing, my stalker filed an Anti Slapp Motion to strike the restraining order request. The stalker failed to appear. One by one we went through the motions. Anti Slapp is a defense that protects California citizens from being sued for defamation for exercising their rights to freedom of speech. When reading the motion, the judge stated that I had credible evidence of threats of violence, hate speech, stalking and harassment, and that none of what the harasser did is considered protected speech.
When we got to his second motion to continue, I informed the judge he had 6 weeks to make arrangements. He had filed a response and about a half dozen motions so there was no excuse for him not to be in court. In addition, he hads finals on the week of July 31st and his classes for the next semester start as early as the first week of August. One by one, his motions were denied.
After having gone through the motions, the judge asked me to summarize what was happening. That annoyed me, not because I could not summarize for the judge but because I wanted the harasser there to cross-examine him and expose his lies. After summarizing everything, the judge was disgusted, in particularly, when it came to his racist posts and memes. She was shocked to the point that she asked me how I knew he made them. I submitted to the court a DMCA complaint that he filed regarding this blog in which he claimed to be the owner of those images. There was no denying it at that point, especially when the email address he used to file that complaint is the same email address he used for his court documents.
Our request for a permanent restraining order was granted. In addition, he was ordered to remove all of my personal information that he posted on his social media accounts. He is ordered to stay away from this blog, and any other blogs where I participate. He is ordered not to have any contact me, harass, stalk, annoy etc., including through a third party. In other words, not even his friends are allowed to harass me and if they do, he is held to account.
I’m optimistic about it all in spite of knowing that the harasser simply does not care what does because he has nothing to lose. Think about that. He doesn’t own anything. He is unemployed, on SSI. His only reputation is being a filthy-mouth harasser, so he has no reputation to protect. Suing him would not serve any purpose. And, I believe that’s why he does it, because he knows there are few options for his victims.
He Now Harasses Judges
On July 25, 2014, my stalker filed yet another motion with the Court of Appeals. He asked for the justices to reinstate the Temporary Restraining Order in the first case, that was rendered moot when the court dismissed his petition for the restraining order and closed the case. I was given 15 days to oppose that motion and I did. I also faxed over copies of his abuse in the legal system throughout the last couple of years, which includes how he attempted to obtain custody and visitation of another man’s child. The court had already determined the biological father and that the harasser’s wife was estranged from him and living with the father of her child.
When the court denied his petition for custody, the harasser followed-up by filing for a restraining order against the child’s biological father. That was denied and then he made a second attempt with another restraining order.
The man I am talking about has a trail of paper work in the courts that shows malice, and abusing the court system. It has all been faxed to the Court of Appeals, including a copy of the permanent restraining order. I fully expect the court of appeals to see the pattern of abuse in the legal system and deal with it appropriately. This is a man who is wasting tax dollars and the court’s time to cause harm to people, including people who he claims to love.
However, there is now a court order that can hold him accountable and I hope he finds another hobby or something of that sort. I’m not trying to put anybody in jail, but I will protect my family.
During this process, one of his friends decided to write the court a letter on his behalf where she lied about events that never took place, and blatantly lied about a threat that I never made.
Currently at this stage, I’m looking into my options in terms of holding that person accountable. I refuse to submit to a band of racists who think this is all just fun and games. They are screwing with someone’s life; someone’s livelihood; and putting our families in harm’s way. I know at the end of the day people like this will never learn until someone stands up and holds them to account, and that’s exactly what I intend on doing.
We as a people have a right to freedom of speech, and people like him have a right to disagree with our positions and opinions. However, that does not give anyone the right to infringe on your Constitutional rights and make threats, or stalk you or invade your privacy. It does not give people the right to threaten you with harm unless you become silent. It does not give them the right to threaten those you with defamation and doxing unless you stop associating with others who they dislike.
Since our hearing in July, he has petitioned the 2nd District Court of Appeals in Los Angeles. I have no idea what he is thinking at this point because he failed to appear twice. As I understand it, if you want the court to hear your claims and defenses, you have to come to court and defend the allegations in the papers you filed. His purported “evidence” was moot because he was not in court to present and testify to it, and be cross-examined.
Yet again, tax payers are left with the tab. It costs $700.00 for him to file that appeal, but the court waived the filing fees because he is indigent. What he uses to harass, his computer and cell phone, was purchased from his SSI income. He resides in subsidized housing and is probably receiving food stamps. He gets everything else for free, so why not file malicious pleadings and appeals for free also? The next time anyone needs a lawyer and is told how much it costs to file a case, keep in mind that the filing fees increase as the courts waive them for people like the harasser.
It is my strong opinion that when the courts waive fees to file and costs, and the person loses the case, that the courts should make them pay something, even a small amount, to discourage them from filing frivolous cases and appeals.
Recently, his motion to reinstate the temporary restraining order was denied by the 5th district Court of Appeals. He also motioned the 5th district Court of Appeals to have me sanctioned for prohibited Ex Parte communications. Why is that? Because I responded to his request to reinstate his moot temporary restraining order. That motion to impose sanctions was also denied. At the same time, his divorce was finalized and his now ex-wife, after having drug her through hell in the court system, was awarded attorney fees. Obviously. you know exactly what his next move was. He appealed that ruling then filed a motion to sanction his ex-wife for perjury, while he posted a video on Youtube declaring how much he loves her.
The motion for sanctions in his divorce case was denied and the court dismissed the appeal without hearing it because the order he appealed was non-appealable.
Now, my attorney is waiting on the right moment to file our next motion. Timing is key with this motion because once granted, the harasser will not be allowed to use the system as a means to harass people.
The state of California has nuisance laws regarding tenants, which means if a tenant is a nuisance and you know he is, then a law suit can be filed against the property owner. I really hope it does not come down to that but his onsite social worker is aware of his behavior and gets calls about him all the time. Just to note, I am not the only person who has called the management of where he lives to report his harassment, hate speech, and threats. He has a history that he cannot delete.
So, it’s not as if his activity is not verifiable, especially considering that I now have a legal paper trail that shows his continued harassment. Then again, when it comes to my family, I will walk through hell drenched in gasoline carrying two buckets of gas to protect my family.
I would like to take this opportunity to thank all of those who supported my efforts by their encouragement. Stay well and safe, my friends.
About scrodriguez2Former writer for We Hold These Truths To Be Self Evident
Posted on 09/10/2014, in Cyber-bullying, Cyberharassment, Uncategorized and tagged cyber-harassers, cyber-stalkers, David Piercy, divorce, GoFundMe scam, restraining orders, threats. Bookmark the permalink. 65 Comments.