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Very Hot Topic (More than 25 Replies) Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing (Read 125943 times)
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #60 - May 17th, 2008 at 12:10am
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Another place to get information on the McCarthy lawsuit.

Time to branch things out to a wider audiance.  Just one more way to get the word out.




http://finance.groups.yahoo.com/group/FENIANSFIGHT/
  

Joe
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #61 - May 19th, 2008 at 5:57am
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It is just as I said it would be. Secrecy is their best weapon.  They are trying to silence the truth and me.  The one sided requests are coming in.  They want me to give and they want to take.   

I find it funny because they want me to agree to keep my mouth shut, yet they do not offer the same in return.  The polygraph examiners get to continue to bad mouth me and my work with lies, slander, and libelous postings with nothing to back them up.   The therapists have been a wee smarter than the polygraph examiners but not to worry.  I have people who are telling me what is going on there.

I may have exposed behaviors which some of my defendants do not want the public to know about.  They do not want the public, the very public they claim to want to protect, to know how the sex offender management system works, not even on an administrative level.  If they are doing nothing wrong, then they should not fear scrutiny.  Bad actions do not create scandals, but lies about bad actions create and feed scandals.  This is why I operate in a fishbowl.  I do not have financial information to hide.  I do not have high exclusive client numbers to hide.  I do not have any possible monopolies to hide.

The only thing I asked for at the beginning of this whole affair was a temporary injunction on bad mouthing my practice, my wife, or me.  I asked for this so everything would stay about business and would not get personal.  The Judge denied the order, saying that he was not going to restrict anyone’s free speech.  All the defense attorneys were as happy as clams about this.  Now, of course, when the truth is getting out, they want to do to me what I could not do to them.  It should be interesting to see if the Judge will protect their free speech but restrict mine.

Everyone expects me to be nice and cooperative, but these people just do not want to do the same in return.  They expect me to give and be happy that they take.

When I step up to the plate and put the pressure on them, they want to have what they fought so hard to deny me.  They have been playing a game of lies, badmouthing, libel, and denial.  I stood still and took it on the chin until some people on the defense side of the suit decided to make it personal.  I decide to fight back and come out swinging.  All they can do is act like the bullies they are and say “no fair”.  I guess it is true what they say about bullies.  They can dish it out but they can not take it.  They should not let clients play the game if they cannot roll with the punches.  These people have brought this on themselves by making this personal in the first place.

I understand that this is an adversarial system, but the behavior that the defense attorneys have been no better than that of their clients.  Allowing their clients to engage in intimidation tactics and smear campaigns with no admonishment or apology is shameful.  Some of the defendants behavior has been out of line and reprehensible.  Yet I see no evidence that it was handled.  But they want my attorney to deal with my truthful postings.  I think before they come whining to my lawyer, they should make sure their own house is clean. Furthermore, the passive aggressive hostility of certain attorneys and their lack of ability to compromise or settle simple disputes made a difficult matter almost impossible.  The defense attorneys ignore our requests to handle their clients’ behavior by rationalizing or even condoning their behavior.   

This attempt to silence me when they feel they have done no wrong is cowardly at best. 
It is not cowardly just because they want to silence me.  It is cowardly because they want to silence me and not their clients also.  They want me to shut up and play nice but they and their clients are free to do as you wish.  It is cowardly because they now want what they fought so hard to deny me simply because they just might be losing the upper hand.  It is cowardly because they chastise and judge my attorney for not trying to restrain me, and believe me she has.  Yet I see no chastising of their clients when they have done far worse than post truthful statements on a web site. Most of all it is cowardly because nobody knows how to simply ask nicely.

Their clients have done their best to make me out to be a devil of some sort. Apparently they are weak willed enough to buy into the brain washing.  Not a one of them has even tried to have a conversation in good faith regarding any solutions to this problem with my attorney and me.  I guess $175.00 - $250.00 per billable hour is better when it is 200 – 1,000 hours rather than 20 – 100 hours.

They are counting on winning this case.  I wonder what they are going to do if they lose.  I guess they really believe that they are going to win.  After all, I have received threats from what I believe is one of their clients.  They have tried to scare me with counter actions and suits.  I have let them get to me.  That is until I remembered something my grandfather told me. “When someone has nothing that is all you can take away from them.  Nothing for nothing still leaves you with nothing.” 

You see, I have never had anything growing up.  I was raised in one of the worst neighborhoods in Boston area.  My father never owned a new car and home ownership was an out of reach dream.  Throughout my life, I have never had anything which would be worth taking from me.  I never even owned a car that I had to make payments on until I was 36 years old.  I never had a credit card until I was 37.  I have only been a home owner for about two or three years before my divorce.  I let her have the house payment.  I have never owned stocks, bonds, or securities.  Basically what I am saying is there is nothing to take.   I have lived a life owning nothing of significance.  I have always lived financially month to month.  The hopes of living anywhere near what I would consider comfortable is that they are trying to take away from me.   If they achieve their goal to taking it away, then nothing has really changed.

I had nothing before and I have nothing now.  If they win, then I will have nothing in the future.  Once again, nothing for nothing equals nothing.   It is hard to enforce a judgment from someone who is judgment proof.  That is what really kind of baffles me.  They want to counter sue me for attorneys’ fees.  If they win, then I am out of business because it does not take a rocket scientist to know that retaliation from the county, therapists, and polygraph examiners will be swift and harsh.  If I am out of business, then I am out of a job.  I do not see many jobs in the classifieds for a polygraph examiner.  With the economy being what it is, I will be forced to either move or find work in another field.  In either case, I would be forced to start over.  I am 38 years old.  Looking at my family history my life is more than half over.  Basically I was born with nothing, raised with having nothing, had nothing as an adult, and there is a chance that I will die with nothing.  Many people did and still do lead happy lives just doing their best month by month trying to make it easier for their kids to grow up and have the things which their generation did not have.  Most people like this still die happy and without regret.  I realistically expected nothing more than that out of my life so they will not be taking anything away from me.

I no longer have any fear of countersuits because you cannot collect what is not there.  I hear lawyers say this all the time.  “You can’t get blood from a stone.”  Well people, I am the proverbial stone.

Here is the bottom line regarding who wins this action.  If I win, and I think I will, then the defendants have to pay their attorneys and me.  If they win, then I will be out of business, which is what they wanted in the first place.  They will have to prove that I filed this lawsuit in bad faith, which I very much doubt they will be able to do.  Their clients pay their lawyers for every billable hour.  If they do win attorney fees, they cannot collect money from someone who has no money, who is heavily in debt because of a failed business venture, and who will more than likely never have any money.  If the defendants already paid their lawyers, then I hope they do not hold their breath on getting anything back.  If the defense lawyers are working this case in the hopes of collecting fees, there is a better than average chance that they are working this case pro bono.  A few of these attorneys look a wee too high maintenance to be doing pro bono work.

If they want to try to take something from me that I have never had, then take a shot.  I have nothing to lose and everything to gain.  They have nothing to gain and much to lose.  I have every intention on fighting this until all legal remedies are exhausted.  I still have a few cards up my sleeve.

It almost seems like they want nothing more than to put me in my place and teach me a lesson.  But is it the lawyers who want to teach me a lesson or is it the defendants? If it is the lawyers, then maybe they are too close and getting a wee too personal being wrapped around the axle.  If it is their clients, then maybe the lawyers need to ask themselves one question.  Why is everyone so afraid of one polygraph examiner? 

They expect me to give yet they offer me nothing in return.  Maybe they should all take a lesson from one of the other therapist’s attorney.  She has been kind, courteous, professional and respectful.  Out of all the attorneys, I feel she has more a right to treat me the way the others treat me.  Instead, she has done nothing but impress me with every dealing.  Hell, the person who was the match that helped light the fire just may get out of this with barely a scratch.  I honestly cannot say that for the rest of them.  If this therapist was smart enough to hire an attorney who knows how to deal with people, then I guess she cannot be all that bad.  I can honestly say that there is no reasonable request that this lawyer could make that I would not consider and mostly agree to. 

As long as these deals are one sided, I will not be making deals.  I will not be the only one who will have my first amendment rights taken from me.  If you want my first amendment rights, then come and fight me for them. 

On the other hand, should they want to negotiate a formal temporary truce and ceasefire, come with your hand out, not raised.   Treat me like a person and not like some surf.  They should not underestimate me just because they are more educated than I am.  Once again, just because you are more educated does not mean that you are smarter.  I am not impressed or intimidated by bar cards, PhD’s, MA’s, LPC’s, etc. 

You know what?  I have a better idea.  If they want me to enter into any agreed order or judgment, then let’s do an agreed judgment that JPCOT is the only approved polygraph list in Texas and let the free market work.  The rule was in place before it started to be changed while I was demanding that rule be enforced.  Come on people, it is indisputable that the rule was in place.  The rule would not have been looked at if I did not start demanding that it be enforced.

An agreed judgment to put things back to where it should have been is not only the right thing to do, but it is what they all should have been doing in the first place.  It would also take care of the biggest cause of action and some of the defendants can go home.  It is just that simple.  We can weed down the defendants so the only thing that is left to clear up will be the antitrust issues.  David Kilpatrick and Tom Plumlee will not have to go to Court anymore and the Attorney Generals’ Office can move on to bigger and better things until the next legislative session.  TAPE can be dismissed and they can move on with what ever it is that they do.  A few therapists and polygraph examiners can be dismissed and move on.

I think this is actually very simple.  Let’s just agree to bring everything back to the way it should have been and the declaratory judgment goes away.  I just do not get it.  If they are so good and I suck so much, why is there a fear of competing with me?

Having said that, I feel that the antitrust action is going to be a wee more difficult to dispose of.  I plan to go the distance.  Because of the numbers, I am very confident that I can prove antitrust violations.  I am confident with the declaratory judgment as well, but that just happens to be the easier of the two to settle.  If anyone had actually tried to talk to my lawyer and me in good faith, then they would have known that.

The bottom line is do not come to me expecting me to give without something to offer.  There are only two entities that I will take that from - charities and the Catholic Church.  Everyone else has to give to get. 

I just wanted everyone to know in case I suddenly disappear off the message board.  I do not want anyone thinking I ran away from this.  I am sure that one of their little lackeys would try to convince you of this.  They have already tried in their having a little misinformation campaign.

If suddenly I am not posting or details are vague, then it means they are afraid of the truth and have managed to bury it.  It will mean that they have a right to their first amendment right to free speech, but I do not have a right to mine.  It means that they will have free game in doing everything possible to make me go away or out of business and I cannot make anyone aware of the corruption. 

I will not be silenced willingly outside the courtroom.  I will enjoy being an American Citizen with Constitutional rights until they take them away from me.

If they want to send me a one sided deal and expect me to blindly agree, then they are out of their minds.  Should that be the case, I will force them to fight to take the rights from me that they fought so hard to keep for themselves and the Judge protected.  I will fight it with every resource at my disposal, including, but not limited to, asking the ACLU for help.
  

Joe
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #62 - May 20th, 2008 at 8:44pm
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fight Irish,   are you the one with lawsuit in TX?  I am from TX also, I had another post on what transpired with a friend of mine.  I'm beginning to think that the whole thing is a big money making rackett.

He had no choice of Examiner, his polygragh also ordered by a therapist to his PO, with no prior evaluation or exam. He was in prison for being a drunk and scrapper, not a sex offender.  But, when you are on Parole in TX, they can pretty much do whatever the heck they please.   

Seems more like legal organized crime to me.  If I remember, you stated some figures. I can add some more.  The therapist also get 35.00 per person, per session.  On average, that's 8 folks.  That's 280.00 twice a day. 560.00, x  5 that's  2,800.00.   Now, we all know how big TX is.  Most of these people will have to travel some distance,  45 miles in friends case.    So, it's also helping to keep the "Oil Mongers" wallets fat as well. 

Now I am no fan of polygraghs.  But I can certainly see the point of your case.  Good Luck going up against the "good ole boys"!
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #63 - May 20th, 2008 at 8:58pm
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Fighting Irish,  My other post is under "polygragh can ruin a persons life".  Maybe you could refer me to someone here in TX who could help.  Here's a tidbit of info you may find interesting....the referral and counseling services here are RIGHT NEXT DOOR to the Parole Office! Isn't that conveinant?(sp?)
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #64 - May 20th, 2008 at 11:54pm
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cat

I asked you a question on the other post and you haven't answered it. So I'll ask it here. Was there a plea, by your friend, that included SO treatment? Did the court order SO treatment? If the answer to both is no, then your friend is being treated illegally. And no they can't do just anything they want. If the answer is yes to to just one, then your friend has no recoarse but to comply.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #65 - May 21st, 2008 at 1:08am
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cat wrote on May 20th, 2008 at 8:44pm:
fight Irish,   are you the one with lawsuit in TX?  I am from TX also, I had another post on what transpired with a friend of mine.  I'm beginning to think that the whole thing is a big money making rackett.

He had no choice of Examiner, his polygragh also ordered by a therapist to his PO, with no prior evaluation or exam. He was in prison for being a drunk and scrapper, not a sex offender.  But, when you are on Parole in TX, they can pretty much do whatever the heck they please.  

Seems more like legal organized crime to me.  If I remember, you stated some figures. I can add some more.  The therapist also get 35.00 per person, per session.  On average, that's 8 folks.  That's 280.00 twice a day. 560.00, x  5 that's  2,800.00.   Now, we all know how big TX is.  Most of these people will have to travel some distance,  45 miles in friends case.    So, it's also helping to keep the "Oil Mongers" wallets fat as well.  

Now I am no fan of polygraghs.  But I can certainly see the point of your case.  Good Luck going up against the "good ole boys"!


I hear and validate your feelings of anger regarding your friend's situation.  I can't agree with you that it legal organized crime.  I will agree that there is a good ole boy's network.

I'll read your post and digest it.  If he failed then a retest may be asked for.  I don't know anyone in your area, so I am not sure I can help with a referral.  I know someone in Houston, me in Grand Prairie, but the best examiner in the state is by far Don Ramsey in Richardson.

I'll get back to you soon
  

Joe
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #66 - May 21st, 2008 at 3:15pm
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Twoblock

My friend only went before the jugde for misdemeaner assault. Nothing was ordered by a judge at all.  He already went up before the parole board and was sentence to ISF for 7 months.  His parole officer says all he had to do was be charged.  It didn't matter what the D.A. , the Judge, and the parole board he went before had decided. 

Apparently, here in Tx, a parole officer can order evaluations and polygraghs for whatever reason, when ever they choose.   I've been trying to find out ways that he can recieve an independent evalution.
Parole is certainly not giving up any info.  I still think it's pretty fishy, the therapist and evaluation center, right next door, in the same bdlg.

I've been trying to search more into the legallities on the issue, but, I really have no clue where to look.  I know it would be under Criminal Law, I just don't know what part. Maybe you could toss me a clue or two.

And thank you very much, your input was greatly appreciated! Smiley
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #67 - May 21st, 2008 at 3:51pm
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Fighting Irish

Thank you for the Info.  Someone in Houston would be good, it's only 108 miles from where we are at.  As you well know, here in TX, 100 miles ain't nothing! Grin

Personally, I'm not a big fan of polygraghs, seems they're over used and abused.  There is a very closed ring inside the TDCJ, as you are well aware of.  Austin,  of course, is a little different.  The Parole personnel(sp?)  on the Board the my friend went before, were out of Austin.   I have recently discovered though, is that his PO sent this so called evaluation, up to a different parole near Houston.  Apparently, someone who was going to give her the result she was looking for.
It is not right that PO's and therapists get to choose where a person goes to get what done.  What you are fighting against in Dallas I think, is going on everywhere in the whole state.  We are suppose to have free enterprise in this country, reguardless of what you do for a living, I still wish you luck with your lawsuit.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #68 - May 22nd, 2008 at 5:30am
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cat

Based on your what you said, my advise stands. Have your friend cantact a lawyer. I don't think a PO can order anything outside of a judge's or parole boards order. Especially SO evaluation and treatment. The PO is dead wrong. Just because your friend was charged with a sex offense is not a legal reason for the PO to order SO treatment. There has to be a guilty conviction by a judge or jury. If there's no conviction, the charge is supposed to be dropped.

Most first consultations with a lawyer is not charged. They will decide if there's a cause of action. Then they will give an hourly price. If the lawyer decides your friend is illegally being raked over the coals, he/she might want to take it on a contingency bases if they think there is money to be had. If the price is too high, consult with the ACLU. They are pro bono.

You are welcome to PM me from this site. However, I might be leaving, on a moment's notice, for a summer in Alaska any day now.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #69 - May 22nd, 2008 at 2:25pm
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Twoblock

Thank you for the more detailed reply.  It didn't even occur to me to go to the Civil Liberties union.  I will definately look into it. 

Enjoy your trip to Alaska.  I've never been there, but folks I know that have gone there say it's beautiful.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #70 - May 23rd, 2008 at 2:23am
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cat

You're welcome.

When you get a determination as to the limit of a PO's authority, please let us know. Having not researched Texas statutes, I still do not believe a PO has the authority to administer their own form of punishment. And I still think your friend has a Federal Constitutional violation lawsuit.

BTW - I do not go to Alaska to vacation. I go to work. The years I've been going there I have only had time for one fishing trip. Caught 25 salmon in one day.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #71 - May 23rd, 2008 at 1:21pm
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Twoblock,

This is something that can also be federal?  I thought the states had control over all these kinds of issues, unless it invovled a federal offense.

When I find out exactly what kind of limitations a PO here in TX has, believe, I'll post every last detail on the subject! Wink

Alaska.........if you keep going back you must enjoy the work(or pay).
25 salmon, very impressive.  I'm lucky if I catch 2 catfish! Grin But, I did go fishing in the St. Lawrence Seaway once and caught some Pike.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #72 - May 23rd, 2008 at 7:22pm
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cat

Not knowing the full details of the case, I can only say if a constitutinal right has been violated then the venue belongs in the federal courts. The ACLU can help determine that.

At this point in my old life I work for my health. (Money's not bad either). It keeps my musles about 20 years younger. Can't attest to the mental aspects. I have been contemplating selling my gold mining operations but hell, I just can't sit on my butt and do nothing. My wife retired a month ago ar 72 and she is already looking for something worthwhile to do. She can't sit on her butt and do nothing either. She could spend the 100 days with me in Alaska, the total mining season, but she's afraid she will be made the camp cook even though I have one hired.
  
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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #73 - May 24th, 2008 at 12:22am
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Another interesting update.

The Sunset Commission just released their report.  For those who do not know who the Sunset Commission is in Texas, the Texas Legislature created the Sunset Advisory Commission to identify and eliminate waste, duplication, and inefficiency in government agencies.

This year one Agency which they were obligated to look at was the Texas Polygraph Examiners Board.  What they found is interesting to say the least.

Here is the commissions key findings

1, Regulation of polygraph examiners continues to be needed.

2, Portions of the Board’s licensing exam for polygraph examiners are overly subjective, and the Board inconsistently applies grading standards.

3, The Board’s enforcement efforts do not adequately protect the public.

4, The Board has made several decisions potentially based on interests of Board members rather than on the protection of the public, and has adopted rules that create the appearance of a conflict of interest.

5, The function of polygraph regulation is not well placed at DPS.

6, Consolidating the agency’s functions with the Texas Department of Licensing and Regulation (TDLR) will resolve problems with licensing and enforcement, and remove potential conflicts of interest.

I can't say that points 3 and 4 shock me.  I am shocked by what I learned what brough them to those findings.

But you be the judge.  Here is the link to the report.

http://www.sunset.state.tx.us/81streports/dps/dps.pdf

The Polygraph Examiners Board turned in a self report also.  Parts of it really help my case I think. Once again you be the judge here is that link.

http://www.sunset.state.tx.us/81streports/peb/ser.pdf

  

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Re: Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing
Reply #74 - May 24th, 2008 at 5:14pm
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Twoblock,

I found the nearest ACLU office in Austin, so we'll be making a trip up that way soon.

I've heard of that Sunset deal that Fighting Irish is talking about and will also be looking into that to look for clues in the legalities.  Tx is something else in the Criminal Justice Dept.

You should convince your wife to go, If she doesn't have to cook she might enjoy the mining!
  
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