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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.
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Unlawful Referral Scheme Alleged in Dallas-Fort Worth Metroplex Post-Conviction Sex Offender Polygraph Testing (Read 156084 times)
