@KICNederland, anti-SLAPP, attorney John Morgan, attorney John Morgan Beaumont Texas, attorney Rick Espey San Antonio, attorney Robert Biagiotti, Edward Forchion, Espey & Associates, IronTroll.com, Jeffrey Dorrell, Justice Irene Rios, Justice Karen Angelini, Justice Patricia Alvarez, Klein Investigations, Louis Wenzel San Antonio Attorney, MATTHEW B. SOLIDAY, PC, Philip Klein Nederland Texas, Retzlaff v. Klein, Richard W. Espey, Rick Espy Attorney at Law, Robert Biagiotti, San Antonio Court of Appeals, Steve Hatlestad, Steve Hatlestad IronTroll.com, Texas Citizens Participation Act, Thomas Retzlaff, Weedman
Despite the very best efforts of Beaumont, Texas, attorney John Morgan, and his clients, Philip Klein and James McGibney (who we don’t like), Judgment Day is fast approaching for the members of the McGibney Gang.
For those of you keeping score at home, Judgment Day is officially set for June 9, 2017.
To date, Morgan has filed FOUR separate motions trying to have the anti-SLAPP sanctions appeal dismissed that was filed against both him and Klein – all of which have been denied by both the trial court and by the court of appeals. CHECK IT OUT!!
Here are the briefs that have been filed by each of the parties so you can read for yourself what this is all about. FYI – Just click on the images below for the documents to pop up on your mobile device. This is all brand new shit here, so be sure to CHECK IT OUT!!!
OPENING BRIEF04-16-00675-CV Retzlaff v. Klein - Opening Brief (no exhibits)
RESPONSE BRIEFAppellees' Opening Brief (no appendix)
REPLY BRIEF04-16-00675-CV Retzlaff Reply Brief
Now that you have read the briefs, do you want to know who the judges are that have been assigned to this case? Here are some hints:
- They are ALL females.
- And they ALL have children (specifically young daughters).
- One of the judges is actually a member of the very same Rotary Club that our American Hero & Honorary Admin of the BV Files was a 12 year member of (seriously!!).
As we originally reported two years ago, Nederland, TX based private investigator Philip Klein is being sued for $8 million on account of Klein getting two people wrongfully arrested on false criminal charges in which Klein claimed that some children had been kidnapped. Klein, Klein Investigations & Consulting, and a guy named James Landess, were all sued for defamation, malicious prosecution, and false imprisonment.
The underlying case arises from nearly a decade of legal wrangling between plaintiff V.B.M. and her former husband, defendant James Landess, over custody of the two children of the marriage.
After a trial on July 21 – 24, 2009, Judge Karen Pozza of the 288th District Court of Bexar County, Texas, signed an order giving the mother the exclusive right to establish the primary residence of the children in Mexico, which she did.
Shortly after the custody ruling against him, Landess began claiming that the mother “kidnapped” the children. He then hired Nederland, TX based private investigator Philip Klein and Klein Investigations & Consulting to help him get his children back. This “help” allegedly consisted of Klein and Landess engineering false criminal charges against the new husband and the mother.
In the underlying lawsuit, anonymous plaintiffs “E.M.” and “V.B.M” sued defendants Klein, KIC, and Landess for malicious prosecution, false imprisonment, and defamation after defendants procured false criminal charges against plaintiffs and then created a blog on which they falsely bragged that plaintiffs were “wanted fugitives” with “active warrants” for their arrest for interference with child custody.
As stated in one of the briefs filed with the San Antonio Court of Appeals:
While the underlying case is fairly straight forward, it involves many allegations, numerous jurisdictions, and dozens of shadowy internet characters with intertwined legal claims. At the center of this maelstrom is James McGibney, operator of a revenge pornography / sexual blackmail website based in San Jose, CA, that posts the intimate photographs of little girls for which he charges them $499 to remove. McGibney’s attorney is John Morgan. Defendant Philip Klein, a failed internet detective from Nederland, TX, is one of McGibney’s and Morgan’s henchmen. Klein’s attorney is also Morgan.
Retzlaff was involuntarily brought into the underlying lawsuit when Morgan and Klein “served” (by fax) Arizona-based GoDaddy.com with a “deposition subpoena” from Beaumont, on July 13, 2016.
On July 29, 2016, Retzlaff, who is a non-party to this case, moved for protection from a series of subpoenas and deposition notices that the Klein parties had served upon GoDaddy.com in Scottsdale, Arizona. Klein and his attorney sought production of Retzlaff’s business records and personal email correspondence. Morgan issued identical subpoenas in at least two other Texas cases, as well, all seeking the same information regarding Retzlaff’s personal business records and email correspondence.
Morgan’s stated purpose for these subpoenas was to try to establish some link between Mr. Dorrell and Retzlaff, who Morgan believes are members of the Aryan Brotherhood and who operate several child pornography websites together, which is how Morgan claims Mr. Dorrell makes his money.
He claims that Mr. Dorrell and Retzlaff are business partners and that Mr. Dorrell represents Retzlaff and shares the profits. Morgan further claims that Mr. Dorrell and Retzlaff are running an Aryan Brotherhood / “death threats” group out of the Hanzen Laporte law offices in Houston with the assistance of each of the Justices on the Beaumont Court of Appeals, along with a local county sheriff and district attorney.
FUN FACT: Klein and Morgan both like to claim that Epsey withdrew from the case because Retzlaff and Dorrell are using the Aryan Brotherhood to try to murder Espey. But in actuality, Espey withdrew from the case because Klein’s business liability insurance company denied coverage from the claim and dropped Klein. CHECK IT OUT!!
In that motion for protection Retzlaff outlined various reasons why the GoDaddy subpoenas were illegal, irrelevant, and unenforceable, not the least of which is the fact that the Klein defendants were trying to subpoena an Arizona entity from well-outside the 150 mile subpoena range of the trial court as GoDaddy.com is in Scottsdale, AZ and the Klein defendants directed their subpoena to GoDaddy.com at that location. Tex. Civ. Prac. & Rem. Code §22.002 (Distance for Subpoenas).
But before a hearing could be conducted on each of these motions for protection, on September 14, 2016, Morgan (in his individual and pro se capacity) and the Klein defendants filed their motion for contempt against Retzlaff seeking to have him fined (over $985,000) and jailed (for over 31 ½ years) based upon their claim that Retzlaff violated the Texas Vexatious Litigant statute by objecting to their deposition subpoenas.
They also sought fines against Mr. Dorrell and the Hanszen Laporte law firm, too.
Based upon the filing of this legal action against Retzlaff, Retzlaff filed an anti-SLAPP motion against both Morgan and the Klein defendants pursuant to the Texas Citizens Participation Act.
Two days after the filing of the anti-SLAPP motion, Morgan realized that he just now opened himself up to personal sanctions by seeking contempt sanctions in his individual, pro se capacity, so he filed an amended contempt motion in which he now claims that he is only seeking contempt relief for the Klein defendants and not for himself, and he further claimed during the October 17, 2016, hearing that his inserting of his name was a “typo”.
The fact that Morgan specifically used the words “pro se” in this motion shows that Morgan is on the hook here for SLAPP sanctions right alongside his clients, the Klein defendants.
In a brief hearing on October 11, 2016, the court in San Antonio denied Retzlaff’s anti-SLAPP motion. Five days later Retzlaff filed his appeal and the matter is now before the San Antonio court of appeals while the initial lawsuit between EM and VBM and Klein remains on hold.
So in a surprising development, on May 5, 2017, the Court of Appeals issued an order instructing Retzlaff to seek approval from the Local Administrative Judge in San Antonio for his appeal.
At which point the members of the McGibney Gang laughed and cheered.
But we are not real clear here on exactly what sort of “discovery” James McGibney (who we don’t like) imagines will happen. In any event, it is a completely moot point since the anti-SLAPP sanctions case is going forward in the court of appeals.
Unfortunately for Philip Klein, John Morgan, and James McGibney (who we don’t like), they each forgot one very important, absolutely vital rule when it comes to lawfare:
And who is the judge in this case? Why this man right here:
Prior to taking the bench in January 2009, Judge Rangel shared office space in private practice with…. a member of the Grand Civil Conspiracy Group!!!! (no shit – this is absolutely true)
So on May 9, 2017, Judge Rangel signed an order authorizing the appeal. CHECK IT OUT!!
But never one able to take being told “no”, Morgan and Klein thought that it would be a good idea to not just object, but to strenuously object and he demanded a rehearing in a 233 page motion!
Which in less than a day resulted in this order here. CHECK IT OUT!!
No only did Judge Rangel judicially determine that Retzlaff’s appeal had merit (a very important point that the court of appeals MUST take into account), but he further ruled that the Texas Vexatious Litigant statute does not apply to this case; thus, Retzlaff and Dorrell got the green light to go ahead in their quest for over $1 million in SLAPP sanctions against Philip Klein and John Morgan!
So June 9, 2017, is the date that this case will finally be set for submission to the San Antonio Court of Appeals. A decision is expected within one week of that date. SO STAY TUNED HERE FOR FURTHER UPDATES!!
By the way, for those of you curious: Philip Klein is a well known lover of animals. And by “lover of animals”, we mean that he likes to have sex with them. CHECK IT OUT!!
Hey – check this out!!
MEANWHILE – We take you now to the underground bunker of the McGibney Gang for a live action shot:
UPDATE: May 23, 2017 at 1:30pm PT.
Stephen Hartman, employee of Klein and Klein Investigations & Consulting just had his Motion for Rehearing denied by the U.S. Fifth Circuit Court of Appeals. CHECK IT OUT!!
Recall that this was the LOLsuit filed by Beaumont attorney John Morgan against American Hero & Honorary Admin of the BV Files Texas state judge Layne Walker for when Hartman got arrested for disrupting Judge Walker’s courtroom a while back.
FYI – on the same day the Federal Court of Appeals denied Hartman’s motion for rehearing, the Court set on its docket Judge Walker’s motion for attorneys fees. He is seeking over $22,000.
DOUBLE FUN, EXTRA UPDATE: May 24, 2017, at 1pm PT.
It seems the South Florida Faggot, Steven Jay Hatlestad, is having his own personal Judgment Day on June 6, 2017, at 9 am in the Passaic County Superior Court located at 77 Hamilton St., Paterson, New Jersey 07505.
Hatlestad’s case was originally filed in the City of Patterson Municipal Court. But the case was UPGRADED TO A FELONY and moved to the Superior Court on account of the seriousness of the criminal charges.
Hatlestad is being charged with the crime of cyber-harassment, in violation of the New Jersey Code of Criminal Justice Section 2C:33-4.1a(2).
For those of you keeping score at home, it is Case No. 2017-2122 in the Passaic County Superior Court. CHECK IT OUT!!
2C:33-4.1a(2) Crime of cyber-harassment.
a. A person commits the crime of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person:
(2)knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or
b.Cyber-harassment is a crime of the fourth degree, unless the person is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, in which case it is a crime of the third degree.
2) Up to $7,500.00 Fine
3) Probation or Community Service as Determined by the Court
For those of you of think that this is a BULLSHIT unconstitutional criminal charge that will quickly be thrown out of court, you would be WRONG!
One of New Jersey’s best-known marijuana activists has recently been indicted in September by a grand jury for allegedly cyber harassing a police officer he called a pedophile outside his Trenton restaurant. CHECK IT OUT!!
Legal experts scoffed at that charge and two others in May 2016 after the arrest of Edward Forchion, also known as NJ Weedman, for berating Officer Herb Flowers on a sidewalk outside his business, NJ Weedman’s Joint.
In a September 2016 news interview, Forchion’s attorney, Edward Heyburn, says he will sometime before Thanksgiving ask a judge to dismiss the charges. Heyburn says he will offer a four-part attack on the cyberbullying charge. First, he will argue the law does not apply to statements about public figures. Second, he says, Forchion didn’t even record or post online the statement, as he says the law requires be done by the person with an intent to harass. Third, he will argue that Forchion’s alleged offense doesn’t meet the elements required by the statute – as it was not “lewd, indecent, or obscene” as required by the law. And fourth, he says, he will argue truthful claims regarding adults should be given some protection – if such a carve-out does not exist, wanted criminal suspects could claim cyber harassment, he says.
As of this date, May 24, 2017, wanna know where Weedman currently is? HE IS STILL IN JAIL TRYING TO FIGHT HIS WAY OUT OF WHAT HE CLAIMS IS AN ILLEGAL AND UNCONSTITUTIONAL CYBER-HARASSMENT FELONY CHARGE!
Wow – sucks to be you, Weedman.
Another guy just charged two months ago in March for the very same thing is Steven P. Felice. He liked to post harassing and disgusting things about people on the internet, too.
So who will be in court on D-Day, June 6th, to defend and represent the South Florida Faggot from this very serious FELONY CHARGE?
Mr. Biagiotti of Hackensack, NJ, focuses in the areas of Criminal Law in the State and Federal Courts and Municipal Court Law, including DUI and drug cases, as well as a thriving practice in the hot-button areas of speeding and traffic ticket defense. Since Hatlestad is both a drug addict AND an alcoholic, he should fit right in. (Though we here at the BV Files have never heard of a speeding ticket case going all the way to federal court.)
If anyone wishes to offer him up some information that could help his client, Biagiotti can be reached by email at: [email protected]
Or call him at (201) 343-6467. I am sure that he will be deeply interested in hearing your experiences with the Blue Haired Iron Troll person who wanders around South Florida homeless shelters giving “facials”.
Steve Hatlestad has now joined a very long list of members of the McGibney Gang who have been arrested and/or convicted of FELONY CHARGES: Matthew Keys and Deric Lostutter are two that come to mind. But don’t forget about “Commander X”, Christopher Doyon.
Well… how was your week?