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Yet another reason to despise lawyers

This morning's Concord Monitor has a truly appalling tale of a woman who has been harassed for years by a stalker. She's gone to the police, obtained restraining orders, and eventually let him drive her from New Hampshire to North Carolina to escape this sick scumbag. But still he sends her letters and packages.

He's currently in jail for repeatedly violating the restraining order, but he's found a new tactic to keep in her face: he's suing her for slander and libel. In his diseased mind, her telling the police about his stalking violated his rights.

And according to the story, he's got an attorney to help him. He now offers to drop the case if his victim will pay him $1,000 in "damages."

According to one expert quoted in the case, this is no great innovation. When a stalker is thwarted from his prey by most legal means, they will often find a way to use the court system to get "face time" with their victim.

The case right now is before federal Judge Steven McAuliffe, a former New Hampshire State Supreme Court justice (and husband of the late "teacher in space" Christa McAuliffe). Once again I'll repeat I'm no lawyer, but I think I see a pretty simple solution to this:

1) In cases of libel and slander, truth is an absolute defense.
2) The fact that the stalker was convicted is proof that the claims the woman filed were true.
3) The case should be dismissed with prejudice.
4) The stalker should be fined and otherwise punished for wasting the court's time and harassing his victim further. Then jailed and beaten with large, heavy objects.
5) The stalker's lawyer who filed the suit should be disbarred, fined, jailed, and beaten with large, heavy objects.
6) The stalker and his lawyer should then be bound to those large, heavy objects and tossed into the deepest part of Lake Winnepesaukee.
7) The victim should be presented with every single asset owned by the stalker and his attorney, along with an elaborate apology from the state of New Hampshire for not taking such action sooner.

I'm willing to compromise, of course. Instead of Lake Winnepesaukee, I would settle for a smaller body of water. Or, perhaps, a sewage treatment tank.


Comments (14)

Now... Just replace 'Victim... (Below threshold)
Paul:

Now... Just replace 'Victim' with 'Walmart' and 'Lawyer' with 'newspaper' and you get it. ;-D

hey walmart is great, you g... (Below threshold)

hey walmart is great, you get some cheap stuff there...

(not to mention they don't hire union workers, another plus)

Now that's wierd, just yest... (Below threshold)

Now that's wierd, just yesterday I did a post titled: Another reason people can't stand lawyers and the legal system
http://largebillpontificates.blogspot.com/2005/08/another-reason-people-cant-stand.html

I suppose someone could start a blog just covering reasons to despise lawyers and it would be a full time job keeping up with the reasons.

Jay, for a non-lawyer, you'... (Below threshold)

Jay, for a non-lawyer, you've pretty much got it dead on. This case should be dismissed if the facts are as simple as the story says, and the only basis for his allegations is her having reported his conduct to the police.

However, as one who used to represent police officers in civil rights cases in federal court, I found the hardest cases to dispose of those with the most outlandish allegations brought by people who were clearly deranged. I had one case where a plaintiff claimed the police officer had interfered with his property rights because the cop removed him from the Registry of Deeds where he was trying to record a deed to the moon. The complaint was delusional on its face, and I got the case dismissed by the district court, but the First Circuit reversed and sent the case back, saying the trial judge should have given the plaintiff a chance to amend his pleading at least once.

Where the plaintiff is apparently mentally ill, and especially if he is acting pro se, the courts feel they have to bend over backwards before shutting the door to the courthouse.

This lawyer has to be one slimey character -- he's apparently not getting paid an hourly fee if they guy is unemployed, and to take a case like this on a contingency is really desperate.

[The story is misleading when it says the case is "scheduled for trial." Every case filed in federal court is assigned a "schedule."]

Large Bill --- great post -... (Below threshold)

Large Bill --- great post --- try these blogs:

http://www.overlawyered.com/

http://www.ernietheattorney.net/

Who the hell needed another... (Below threshold)
bullwinkle:

Who the hell needed another reason?

Why don't we just declare o... (Below threshold)

Why don't we just declare open season and get it over with? Nothing else is in this time of year anyway... it'd give me something to shoot at. Target practice and all that.

" Instead of Lake Winnepesa... (Below threshold)

" Instead of Lake Winnepesaukee, I would settle for a smaller body of water. Or, perhaps, a sewage treatment tank."

Sorry, but the EPA would probably intervene. A single lawyer, even in a sewage treatment tank, would be just too much pollutant.

Fight fire with fire. Some... (Below threshold)
Me:

Fight fire with fire. Someone starts to fuck with you to this extent, stalk them, hurt them, shoot them. At the end of the day, it's a jungle not a schoolclass out there. Better to be tried by 12 than carried by 6.

On a weekly basis, she shou... (Below threshold)

On a weekly basis, she should send a package to the guy with a tube of K-Y in it, and then send notes to the inmates on his floor telling them he has something for them.

no matter what anyone can s... (Below threshold)
former PSC:

no matter what anyone can say about opinions. We must all acknowledge that JayTee's spelling is beyond measure/. as proof .. can anyone else spell WInnepesaukee correctly ?

J, is there a Lake Winnepes... (Below threshold)

J, is there a Lake Winnepesaukee in New Hampshire?

'Cause I don't think the one near Chattanooga (around which is a longtime amusement park of the same name) would be deep enough for the purpose.

little green moron:<p... (Below threshold)
Mark:

little green moron:

Please look up "pithy" in the dictionary, and think about it.

You might also want to learn a little bit about what attorneys do and who they are. It is pretty harsh basing your naive opinions on the handfuls of sheisters who make the headlines. That's kinda like watching "Girls Gone Wild" and deciding that all women are sluts.

Mark,Yeah! You te... (Below threshold)
David:

Mark,

Yeah! You tell 'em.

Because everyone knows that it's the 99% of lawyers who give the 1% of (good) lawyers a bad name.




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