To my knowledge, Eric Holden has never used the PHD title in any manner.  News Agencies and reporters often get their facts wrong, If you look at this home page you will not find the PHD you refer to anywhere.

This is a polygraph examiners list which was handed to a Tarrant county probationer recently.  Funny it says Michael Strain at the top and not Tarrant County CSCD.  It’s funny how the list contains only three polygraph companies when The Tarrant County CSCD "official" list has eight at my last count.  But then again I have not received an updated list in some time.  I guess discovery is a one way street.

I wonder how many "lists" Tarrant County CSCD has.  Is this the original list or is this a hidden "secret" list? And why is Tarrant County Handing out this list in the first place with a therapists name on it?  Could it be that this person may have some connection to CSCD before he became a therapist?

It's an interesting question.

Moreover, David Harris of the Texas AG's office has said that there is only one list which has been handed out to probationers by CSCD employees.  Mr. Harris has also said that since this lawsuit, only the current lists have been handed out to all probationers who needed them.  I can now prove that this is not the case.   

The current list isn’t being handed out to the probationers who were initially handed this posted list of three examiners.  You’d think, persons who were handed the list with the Michael Strain letterhead would have been the first persons handed the “Official” Tarrant County Approved Polygraph Examiners List. However, I have learned that thinking like a normal, rational person does not work when dealing with people who, in my opinion, live in a world where they believe the sky is not blue.  Having aid that, I think it is fair to assume that Mr. Harris means the "official" list is being handed out and not this unofficial list… which doesn’t really exist… yet, here it is in my hands.

In Mr. Harris' defense he is only relaying information which is directed to him by defendant Tom Plumlee. So, therefore, one out of two conclusions can be drawn from this.

1. David Harris is lying to my attorney and me when he says there was no other list being handed out by CSCD employees other than the official list.

NOTE: Looking into the history of Mr. Harris, I doubt this is the case.  He maybe a lawyer, but there is no history of any intentional behavior which could be viewed as unethical.  By all appearances, he seems to be, a good and honest man.  So, I doubt Mr. Harris is lying regarding any information which was relayed to him, which brings me to the next logical conclusion.

2. Someone in CSCD is lying to someone else in CSCD who in turn relays that misinformation to Mr. Harris.  Mr. Harris in turn unknowingly relays that misinformation to us.  Isn’t that going to chap his ass when he finds out?

I can prove this list was handed to a probationer by a CSCD employee.  I can also prove that this probationer has never been presented with the “official” list at any point in time by any CSCD employee or his therapist.  If I could not meet the burden of proof in this matter, I would not be making such a claim.   

Why would Mr. Strain's list of his "approved" polygraph examiners be handed to a probationer by a CSCD employee who is only to hand out the Tarrant County CSCD "approved" list?  That is an interesting question let’s explore it.

Is it possible that Mr. Strain and Tarrant County CSCD have a history with each other which goes beyond service provider/department?  I of course know the answer, but I am bound by a form of an agreed gag order which I personally did not agree to, or had any knowledge of until after the agreement was made.  Yes, essentially they back doored me, and I sadly let it happen. Therefore, I have no one to blame but myself for not demanding that I have impute on every agreement which will directly affect me.  This was a mistake which will not happen again.  Luckily I am only bound by these issues regarding discovery, depositions, developments in court, and protecting the identities my sources.  Everything I find out on my own or that does not positively ID any of my sources is free game.   

If they shut me up in one way, I will find another way to get the word out.  Squash that, and I will find another.  They are not the only ones who can play the semantics games.  They think if they scare me enough or act like a bunch of holier than thou Muzzies and Gankies, that I will fall to my knees and say “oh yes, al mighty and noble lawyers.  I will do as you command and not use every recourse available to me for my case.  I will defer to you and you only and discard what is right and what is the truth.  I will become a noble and loyal subject to you and your client’s demands and I will ask or expect nothing in return. Oooommmmmmm”.   Hell has a better chance of hosting the Winter Olympics than the chances of me giving into one way demands made in any hostile manner.  No more!   

I know there are some defendants who are not living up to this agreement, an agreement which they demanded.  But like many things in this case they expect me to be held to a higher standard of accountability than themselves.  They are accustomed to driving on their one way streets and will force others to abide by their one way rules with the understanding that they can change the one way rules, on their one way street, anytime they wish to benefit their own needs. I said it in an earlier posting secrecy is their best weapon.  As long as people are in the dark and uninformed, the total control which they enjoy will never be questioned, even if the actions of the persons in control are questionable.   

I believe that is #6 on Mr. Strain's list of Criminal Thinking Distortions.

Closed Channel: Secret keeping, close-mindedness, and self-righteousness used to selectively filter incoming information.  Used to avoid facing information and opinions which would require a change of attitudes and beliefs.

Wow, how did I know one of twenty of Mr. Strain's criminal thinking distortions which are a part of his program?  All I can say is I have had this list for some time and it did not come from any of his clients that I have seen in connection to probation/therapy polygraphs.  Let’s just say that there are some skeletons which have dug themselves up.  Be that as it may, the question is note how I came into possession of these and many other documents.  The question is, how much more information do I have, and how much more will I find?   

Ya see, their lawyers have made it clear that they want to play hard ball and make something that is about business into something personal.  As the world has learned recently, it is a bad idea to play hard ball with someone from Boston.  We have had a way recently of defying the odds.

GO Red Sox

Most of all

GO Celtics, I pray history will repeat itself and the Lakers get tanked.


Millie up!

God, some people are just amazing.  There is one lawyer in this case whom I have become convinced is doing everything in this person’s power to make this way more personal than what I would say is professionally appropriate.
 
In the “slap in the face of the day”, I have to wonder if this person is intentionally lying to discredit me with no documentation to back up “fabricated” facts which this lawyer puts forward to a JUDGE.  Option B is that this lawyer has no clue how to read discovery or check facts before putting pen to paper, which makes this person seem careless or incompetent.
 
Because this piece of fiction is a matter of public record, I will share the humor.
 
“With respect to Plaintiff’s request for” (redacted because it is not relevant to the core of this post) “the request is on its face overly broad seeking 18 months of information (a time frame which is inclusive of 10 months during which Plaintiff was not even a JPCOT polygrapher – January through October of 2007)”
 
LMAO! 
 
This is the most boneheaded lie this person has told since the first lie that this person tried to sell to my attorney and me on the first two days of this case.  In between these two points there have been exaggerations, fabrications and out right lies.  I will clarify why I believe this person is intentionally lying to manipulate the Judge.
 
If this lawyer would actually, oh, I don’t know, READ discovery, then this person would see that I finished my PCSOT training in April of 2006 and became JPCOT certified in April of 2006.  I have continuously been JPCOT certified since April of 2006.  This person would have also seen that I disclosed every PCSOT polygraph examination within the time frame of August of 2006 to the current day.  Given the fact this person had this information at the time this document was written and sent it to the court and presuming that this person has a duty to check their facts; this tells me that the above LIE may be intentional and possibly personally motivated.  It also tells me that they have to resort to lying because the FACTS do not support them, and lies and manipulations are all they have left to try to keep something very big from being exposed.  That is the only reason I can think of for the blatant lies and intentional poor conduct which this person has participated in.   
 
This is the type of person which I am forced to deal with on one level or another along with the fabricated lies which this person conjures.  This person needs to either learn how to read or needs to be lectured on the evils of lying. 
 
I am sick of the lies.  From here on out, I will publicly expose every lie which I can document as untrue and I will attach a name to the lie.  Maybe this will act as a deterrent, in the same way they want to intimidate and scare me with sanctions and attorney fees.  The only recourse I have is to expose these lawyers as the unashamed liars they have exposed themselves to be.  Maybe this person needs to be chastised like a child to make this person understand that intentional lies or careless writing in public records without checking facts in good faith have consequences.  I am sick of giving this person the benefit of the doubt.  I have a better idea.  I hope there is documentation that is in this person’s possession which proves her assertion that I was not JPCOT certified between January 2007 and October 2007.  Otherwise, that person is going to owe ME a very big apology.   
 
This person has crossed the line in the sand.  If she wants to make it personal, fine with me.  I fight harder and dig in when the fight is personal.

Oh yes and by the way.

Lieguytoo, I have recently come into information regarding Rick Holden’s Email address, which is lieguyrick@aol.com.  Wow. That looks strikingly similar to lieguytoo.  I bet that is just a coincidence. Wait! I have also come up with an IP address 152.27.210.118.  I wonder whom that IP address comes back to?  Oh well when I trace that IP address it comes back to Rick Holden with and email address of lieguyrick@aol.com.

The pieces of the puzzle are coming together.  Depositions with Mr. Holden and his two sons should be very interesting.  Wow, two sons, lieguytoo, one of them just happens to call himself Rick.  I am not saying it is him, but, it does make one think about the links that seem to build a chain back to a possible source.

Amazing what one person can find when he has nothing but time because of other men’s greed. 

we are all very anxious to hear about your suit....we havent heard from you in a while

Ok all; there is good news and bad news.

There is a partial cease fire of hostilities.

It gives me great pleasure to announce that cooler heads have prevailed in regards to the sex offender therapists.  I was pleasantly surprised. A settlement has been reached which, I feel, will have a positive impact on sex offender management for all.  During the negotiations, I learned that there are some whom I have misjudged.  To those people, I am truly sorry and I think those people know who they are.

I feel, or I hope, they know that I did not file this for selfish reasons.  I did not file this action to try to put anyone out of business.  I did not file this lawsuit to be a nuisance or to harass anyone.  I filed this action to get what was promised to me in the first place.  I wanted to right a wrong in an effort to make the community a safer place.  I feel that with the mutual cooperation of the sex offender therapists, their attorney, my attorney and me, this has been partially achieved.  I feel that this settlement was not a victory for them or me.  It was a victory for the community that we serve.  It is a victory to fair treatment because if people are being sent into situations where they are being set up for failure, it is hard to achieve true change.  It is a victory to the free market which has been the foundation of America’s economy since its inception.

I feel that this settlement is a positive direction for a positive future.  Now all resources will be used to ensure the goal of “no more victims.”  To me this makes sense. After all, if you have a police department with 100 officers available, you do not just use 50 of those officers and let the other 50 twiddle their thumbs.  You use all 100 officers in a manner that will beneficial to citizens which those officer are sworn to serve.  I feel that now, I hope, Tarrant County will use all the resources at its disposal and the talent which those resources possess.

I have to admit there is an unlikely hero which has emerged from all of this and who, to my surprise, became the voice of reason.  This young lady stepped forward and made what was once the impossible, possible.  I have been exceptionally harsh to this woman. Although war is hell, I now feel that I have misjudged this young lady, and for that I am truly sorry Glynis.  You were a worthy adversary, deserving of my respect and admiration.  My hat is off to you.  If I were to be sued, I would hire this woman in a heartbeat.  Anyone who can make me pull what is left of my hair out and turns a few more grey is someone I would hire to defend me.  She is a hell of a lawyer and a skilled mediator.  I thank and respect her for a hard fought battle and a fair ending.  I wish her well and bare no ill will.

Nothing more will be said regarding any of her clients.  It is time for a clean slate and a mending of fences.  They have my respect and loyalty and I hope that we will work together in the future to make sex offender management better for the sake of all of our children.

There is one more therapist who we are still negotiating settlement. 
The polygraph examiners are another matter.   

Today, I came into possession of an email that was sent to TAPE members authored by Michael Chimarys.  This email has made me call into question whether they can be trusted or not.  I find it funny that Mr. Chimarys is quick to send out emails to rally the troops in an erroneous attempt to sway the Judge's decision, but he will not send out an email to try to find out which possible TAPE member is threatening one of their own.  I guess someone who will take matters into their own hands illegally with threats of violence and racist comments is more worthy of protection that someone who takes action through proper legal channels.

Moreover he once again tells half truths. 

“District Court threw out the remaining Anti-Trust portion of the law suit:”

Now let me clarify what he is saying.

My attorney filed the responses late because of an issue regarding new evidence from a witness who wished to have his identity protected because he feared retaliation from his probation officer, sex offender therapist, and/or one of the polygraph examiners.  The response could not include the new evidence until this person allowed us to use his real name with his evidence.  As a result there is a summary judgment against us.  What this means is that the Judge determined there was no evidence of my causes of action because by filing a response to a Motion for Summary Judgment late, one is essentially agreeing with the Motions for Summary Judgment.  It is a legal technicality.

Where he is incorrect is that it is over.  We have filed Motions for New Trial based on the new evidence.  We hoped to have it heard yesterday but many things happened yesterday, which put the Motions on the back burner.  A chain of events that was so unusual that it had to be real because no one could write a script that good.   

They need to understand, they got summery judgment on technicality not fact.  They didn’t win summery judgment because they were right or we have no evidence.  They got lucky that my lawyer let her guard down and they capitalized. Its a mistake that will not happen again, I assure you. 

Yesterday, the polygraph examiners and I were negotiating settlement.  However, this new email falling into my hands has changed my willingness to agree to a couple of their terms.   

They all seem a wee to fast in efforts to publicly embarrass me.  This email just gives me further evidence that the ambush at the TAPE meeting was intentional and planned. Unfortunately I did not get that email.  Furthermore, I have yet to receive any word that TAPE is at the very least looking into if it is one of their members who is not only breaking the law through witness intimidation by using threats, but is also a shameless racist.  At a minimum, I thought that the vice president of TAPE would not want someone like that around.

Today, it has become clear that the polygraph examiners and TAPE want a one way settlement that will give them protection but offer me none.  Thanks Mike for making me aware of TAPE’s priorities.  Racists and people who handle disagreements by taking matters into their own hands are far less important than trying to embarrass someone who is trying to handle something legally after trying to address the issue through all other official channels first.  It is yearly dues well spent on my part.  Someone has to pay for the crosses.

At this moment I can no longer trust that they are negotiating in good faith.  It is clear that they just want more tools to defame my character and publicly embarrass me.  I am not in the habit of handing weapons to those who seek to harm me.  If they want bragging rights, then they will have to fight for them.

I was willing to enter into a nondisclosure/confidentially agreement.  I can see here that these people might have a hard time honoring one of those.  Moreover, he needed to ask a bunch of people to come to the trial to see the act of a coward who cannot stand alone.  Me?  I asked two witnesses to come and testify.

I can stand on my own.  Men who are doing the right thing have no problem to stand alone.  Bullies have to run in gangs so the lead bully can hide like a coward behind numbers.

What cracks me up is the numbers that he wanted he did not get.  Even some of the defendants who are polygraph examiners were not there.  He sent out a similar email asking for a circling of the wagons in Austin for the Sunset Commission also.  The same thing happened.  Four or five people showed up including me.  Now there is effective leadership.  Even Kelly Hendricks, the head of JPCOT, was not there.   

I guess he was not there because he did not want to draw attention to JPCOT.  It would be a shame for the State of Texas to learn that a private organization is licensing and regulating polygraph in the State of Texas.  I guess that it would be shameful that this illegal licensing and regulatory authority is not officially recognized by the Board of Polygraph Examiners according to the Board’s self-report. It would be shameful if the people of Texas learned that the members of JPCOT are not appointed by the Governor the Legislator, the Courts, or elected by the People.

JPCOT acts with impunity, autonomy and a 100% lack of accountability to any one public or private, legislative or executive, licensing board or court.  It seems as if it is 100% above the law.

Even Richard Nixon said that no one was above the law.  I guess he was wrong.

Mike, you keep making my point that you are making it all personal and that to you and TAPE, it is all about putting me in my place and making an example out of me so no one will dare question your authority again even if you are wrong.

I want to come to a good faith settlement so we can all put this behind us and we can ALL make a living again.  Stop stirring the pot because of your own personal ego.  Try acting in good faith with some honor for a change.  It is hard to believe that a person who is acting like a bottom feeder like you can come out of the Navy, but then again the Marines do not take men with no sense of fair play or honor. 

I have already asked TAPE to look into lieguytoo. I doubt that anything will get done, maybe they are afraid of what they might find. 

Having said that, let me be clear. I will find out who this guy is. I will make his name and his affiliation very, very public. I will press charges, and I will seek libel damages against all allowable by law. If someone comes forward I can be reasoned with.

I do hope TAPE will do the right thing in regards to having a racist who threatens to take action into their own hands outside the law as a member.  We have retired federal, state, and local law enforcement officers as leadership and members.  I cannot believe that they can find murderers and thieves, but they cannot find out which one of their own is threatening a witness and plaintiff in a court action, which I am fairly confidant, is against the law.  Or does the law apply to some and not to others? 

I bet if I threatened any of them, I would already been sitting in Tarrant county Jail in the blink of an eye. Just comes to show everyone.  Justice is for the rich or privileged few.  The normal person should just pray for the best and hope God throws him a bone.

Here is the body of Mr. Chimarys’ email.

From: Chimarys7@aol.com 
To: ADDRESSES DELETED FOR SECURITY
Sent: Sunday, July 06, 2008 6:49 PM
Subject: TAPE E-News

E-NEWLETTER
 
Just to let everyone in TAPE know, on July 2, 2008 the Judge of the 48th District Court threw out the remaining Anti-Trust portion of the law suit: Cause Number 048-228282-08: Joseph L. McCarthy, Individually and Doing Business as Fenian Polygraph Services vs. Deborah Moore, et al in the 48th Judicial District Court of Tarrant County, Texas.
It is not over as yet, on July 8, 2008, at 9:00 A.M. a hearing and trial begins to hear a counter claim for attorney fees, legal costs; and to determine if this law suit should be considered frivolous and spiteful. 
So, as I mentioned in the last update—the dance goes on. But, we are close to the end of the tunnel.
If any of you are interested, please show up for the hearing and trial on July 8, 2008, on the 8th floor, West; at the Tarrant County Justice Center, 401 West Belknap, Fort Worth, Texas 76102.
All the plans for the seminar are basically set. This looks like it will be a really good one about juvenile sex offenders. So, you and everyone you know who deal with juvenile sex offenders should plan on attending. Pass the word around to therapists, school teachers, school administrators, CASA groups, juvenile judges, attorneys, prosecutor and defense type, probation officers, law enforcement investigators and even patrol officers.
In fact if someone can find out what the e-mail for each of these groups by organization are here in Texas let me know and I’ll add them to my e-mail list so they can receive notice in the future. For now if you know any of these types of individuals pass it along to them and ask for their organizations contact points and elected officer’s information. Oh, heck! Just go ahead and include dentist and barbers-they deal with juveniles don’t they?
Remember to make your reservations early if you want to stay at the same location where the seminar will be held.
Also, put an “X” on your calendar for April 2009, the seminar will be held in the Houston area, it will be about Female Sex Offenders—this will be even better—so do plan on attending this one also. So, start putting the word out now so that even more people attend. As soon as we get the speakers lined up I’ll put out information to everyone. The TAPE Newsletter will be mailed out early enough to let the “cavemen” who don’t have e-mails know about the upcoming events. So, let everyone you can think of know about all of this. If you want me to add your friends and relatives to the e-mail list just set me an e-mail.
Remember, we have FREE parking when available, FREE bathroom facilities, FREE water, FREE advice; and if you don’t show up YOU will be the center of attention that everyone will be talking about and spreading gossip. So, keep that in mind Brian Perot. 
I hope everyone enjoyed their July 4th weekend.
Sincerely,
Michael Chimarys
TAPE, Chairman of the Board

Quote:


For some reason the email I sent to you was bounced back, I'll try again.

I want to do all I can to make this program better in Tarrant County, and I think the providers are on the same page in that effort.  I am happy to speak with you, as long as you understand that I am a very honest person who calls it as I see it.  I won't lie to you, having said that, sometimes I can be honest to a fault.

If I see that something may be wrong and it is within my power to help, that is what I do for a living.  If I see the problem is with the probationer, I don't hesitate to call the probationer to the plate. That is what I do for a living also.

Either way I hope to help you in the situation you feel you are in; if it is my power to help you.  If it is not I will find someone who can help.

Hi all,

Just wanted to post an email update.

I can now be reached at joey@jpcot.org.