-Submitted by David Drumm (Nal), Guest Blogger
Many of you will remember the misinformation campaign uncovered by Lottakatz during the ABA competition two years ago. The campaign gave a 100 vote surge and final victory to The Legal Satyricon, a blog run by Marc Randazza.
We also previously discussed the $2.5 million award against blogger Crystal L. Cox (left). Cox was a cause célèbre, as a crusading blogger, with her claims of journalistic privilege and that she deserved protection under Oregon’s shield law. Cox is represented by Eugene Volokh, and Cox’s motion for a new trial was recently denied. Randazza had consulted with Cox on her case, but she decided not to work with him.
According to Carlos Miller:
Cox, who spent several years publishing negative blog posts about Obsidian Finance, damaging the Oregon company’s online reputation in the process, contacted them earlier this year to offer online reputation services at $2,500-a-month.
Cox sent the following e-mail to Randazza:
She offers her services to manage Randazza’s Google Footprint. The strategy is to set up numerous web sites with interconnecting links, and ensure that these web sites turn up first in any Google keyword searches. Ask Rick Santorum how that works. Apparently she offered the same service to David Aman – counsel for Kevin Padrick and Obsidian Finance – and he accused her of extortion.
In addition to macrorandazza.com, she also registered:
- fuckmarcrandazza.com
- marcrandazzasucks.com
- marcjrandazza.com
- marcjohnrandazza.com
Cox then included Randazza’s wife and registered JenniferRandazza.com and 
jenniferrandazza.blogspot.com. Cox then focused her attention on Randazza’s three-year-old daughter, pictured, and registered NataliaRandazza.com.
In his opinion, Marco A. Hernandez United States District Judge, wrote:
In my discussion, I did not state that a person who “blogs” could never be considered “media.” I also did not state that to be considered “media,” one had to possess all or most of the characteristics I recited. Rather, I confined my conclusion to the record defendant created in this case and noted that defendant had presented no evidence as to any single one of the characteristics which would tend to establish oneself as a member of the “media.”
H/T: VC, Kashmir Hill (Forbes), David Carr (NY Times), Philly Law Blog, The Fraud Files, David Carr (NY Times), The Legal Satyricon.
For readers of this blog, I’d like to point out that when a publication seeks a larger audience, such as taking a print edition and putting on the Internet, which happened to me, the One Publication Rule doesn’t apply.
Of course if I were employed I would have to limit the time I spend on a lawsuit but at this point it’s all getting easier because I know more law and fortunately I have a great computer system that allows me to search the records.
Another point is that the defendants shouldn’t be able to benefit from stalling. The Feds paid Richard Horn, I think his name was, 13 years after his original complaint. He got $3 Million eventually.
Even heirs have commenced legal action to defend the reputation of people who are already dead and people can maintain lawsuits for damages when they are heirs.
Kay,
You don’t need to prove anything to me. At this point I think you should put the lawsuits behind you.
You spoke about how you’re going to become employed given the legal difficulties you’ve had. In that regard, you only need to be concerned with explaining what’s available in the public domain.
What’s in the public domain is defamation per se and that affects my ability to get employment and/ or conduct business.
The other point is that the government’s position that it can incarcerate people without published procedure or a criminal charge opens the door to genocide and that’s why it is now illegal in Germany.
PS The Pilot articles also say that I was told by the city that Kevin Bennett’s buildings built in 2000 conformed with the zoning. The articles describe the buildings as a free standing garage with a second floor and a guest house being built into a shed. If you go to Routt County Colorado assessor and do a name search you will see that Kevin Bennett owns two properties on Princeton Ave and that one of them has no buildings. The tax records for Kevin Bennett’s other property on Princeton Ave. shows that a two car garage was built in 2000 but doesn’t show that it had a second floor. The building permit shows that it was over 2000 square feet. The property tax records show that a guest house was built in 1975 but the articles and the building permits show that the guest house was built in 2000. Is that adequate to show that the buildings probably violated the zoning?
I’m not sure which article / blog you looked at. The Colorado pols article says that I was subject to a restraining order and that I was imprisoned for filing a lawsuit. That one comes up first when anyone googles under my name. Other articles / blogs say that I was imprisoned for being a vexatious litigant. The Steamboat Pilot articles says that I am scheduled for a criminal trial, that a wooden stake should be driven through my lawsuits and that I am ordered to pay all of everyone’s legal expenses.
If I link to anything other than Turley then my comments won’t be posted. What do you want me to prove exactly to prove what I’m saying on this thread? Would you accept PACER documentation?
Kay,
I looked up your name on Google as you suggested. It looks like you just had a dispute with your neighbors.
You have already provided detail on your legal situation here:
http://jonathanturley.org/2011/07/12/michigan-woman-charged-criminally-for-growing-vegetable-garden-in-her-own-front-yard/
You don’t have to provide all the legal documentation you have to defend yourself, just the legal documentation to prove what you’re saying in this thread.
Matt
The records of my imprisonment are on the internet and come up when you google my name. What am I supposed to do — bring an employer or potential customer the 198 pages that the United States Marshals Service has on me and ask them to go through them looking for a detention order or a warrant that references an offense listed in a complaint? That is not realistic. Bringing a 32 page transcript in which Nottingham says that I can only speak for 5 minutes and vows he won’t listen to a job interview or a sales presentation isn’t realistic either. The on-line records show that I was a federal prisoner in Colorado. Go on PACER and look for a criminal docket report in Colorado and you will find none. In Wisconsin there is one but it lists open, terminated and continuing charges as “none”.
You know there is supposed to be a presumption of innocence. That is why there isn’t a mechanism to prove innocence. I can prove I wasn’t convicted but once there is an on-line article charging you with a crime and a record of imprisonment, 99% of the population just assumes you must be guilty of something.
kaysieverding,
I sat before a judge one time who kept going off the record over my objections. I kept filing appeals and kept losing. Life has its realities.
I find it interesting that if you were imprisoned there aren’t any public records of that.
Use the court records you have as your defense.
Anonymously Yours
Thank you. I actually don’t have a “record”, I come up clear on criminal background checks. The big problems are the online defamation, the attorney fee award, and the lost years.
Matt
I sent a FOIA re myself to DOJ criminal division and they didn’t have any records re myself. Also the US Attorneys in Colorado and W.WI where I was held claim to have no records about me.
I understand that no one likes to talk about judicial misconduct but sometimes there is no way around it. Judge Nottingham didn’t make a “mistake” when he dismissed my case and imposed sanctions without writing an opinion. He did it on purpose and it isn’t plausible that he thought that was OK. His ordering that I be imprisoned without using published procedure was intentional. In fact, I filed a motion before the hearing to be told the procedure that would be used and he denied that.
I’m just trying to figure out a path by which I can live. I would just love to have a normal life.
Kay,
I am acknowledging your presence…. I wish you well….please don’t put your record on your resume…. I think that was meant as humor….
kaysieverding,
Did they take you to Guantanamo? Not much to discover there.
I’ve been advised that you don’t want to charge judges with bias because that won’t be taken lightly. Charging them with bribery might be worse. And what happens if the prostitutes send pictures to the media?
Don’t worry about your CJIS record. You should be able to tell if they have anything through FOIA.
A clear CJIS record won’t really help me with customers in a job setting.
I believe that Nottingham was bribed but I can’t prove it. I also think he had early onset dementia and that’s why he was such a risk taker, public use of prostitutes etc., but I can’t prove that either. So that is just my opinion.
FOIA isn’t a substitute for discovery.
The USMS took me everywhere I went in chains. I was very well behaved all the time, even the guards said they would give me a recommendation but I was classified as a high security prisoner even though I don’t have a criminal record.
kaysieverding,
You don’t have to go to that much difficulty. Just file a Freedom of Information Act request.
Sorry about the gulag treatment. Why were you brought there in chains? Did you piss off the bailiff?
Sounds like Federal Judge Edward Nottingham has an attitude problem.
Matt
So what I would have to get is an amendment of the FBI’s Criminal Justice Information Systems records, which currently show that I was sentenced to 124 days in county jail for civil contempt? That is part of my claim for injunctive relief pending in federal court. I never pled guilty and there was no statement in court that I was guilty. The word “sentence” was never used. The day that apparently USMS has down as a trial, 1/04/06, was a civil contempt hearing for my husband that I didn’t even know if I would be brought to. I was brought in chains. I wasn’t given a right to an attorney. The witnesses weren’t sworn and I wasn’t allowed to cross examine them. There wasn’t a complaint alleging that I committed an offense.
On that day, 1/04/06, when I asked Federal Judge Edward Nottingham why he dismissed my original third party case he said I had lost in state court and told me to sit down. I don’t know what he meant exactly about state court; I had a damage complaint there but I filed a motion to dismiss because my lawyer Bill Hibbard advised me to go to federal court. The defendants didn’t file anything. Judge Edward Nottingham never wrote any opinions so there is nothing I can use there.
Matt Johnson 1, April 22, 2012 at 2:49 pm
kaysieverding,
Maybe you could ask the Catholic church for help.
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Just couldn’t hide that sense of humor any longer eh? 😉
kaysieverding,
Explain your situation in general in the cover letter, then volunteer to fax the information you’re referring to if they would like to see it.
“Did you even look at Crystal Cox’s side of this story on her blog”
I’ve looked at her blog and it’s a bunch of timecube like typing with a hefty chunk of cat lady and infowars tossed in.
Regardless, I know if she’s represented by Eugene Volokh then she is well represented indeed, so I have no fears that she will be run over in court.