"I personaly feel this lady should go to jail"

A quote from the David Symons's attorney, Philip Sturtz's in his closing arguments, January 29th, 2009, in Judge Fred Borchards court room at a few minutes after 5:00PM

Mr. Sturtz started his argument by saying "it's a sad state of affairs that we have to come here before this Court and ask for enforcement of the Court's order and to ask for contempt in this particular proceeding. I wish the parties would get along, kiss and make up and we'd go home, but I---that's not going to happen."

Damm right it's not going to happen you ass hat.

So off to the witness stand mother went, and the grilling began. Here is where Mr. Sturtz tries his best to be forceful and intimidating. He wasn't.



Next up was yours truly and the questions took on a different tone. He asked how could a photo be taken and posted on "The Red Door Journal" after we were to have been long gone from the cottage? Who snuck back up there to take that photo? I demand an answer.

Let me show you the photo and you decide if this was taken in December, January or August. Oh and lets not forget that his client had that door repainted several days after it was painted red, hint, August....



It was left to me to explain why these two damsel's are barefoot in December!

I guess you get what you pay for.

Last up was David, and he was able to enjoy the always charming and suave Mr. Street! I think the judges words were, "please back away from the witness"! That should tell you the nature of the questioning David faced. He did stumble several times regarding his motives in filing for contempt charges. When asked if he was doing this for the money he responded, "no". Explain why your motion asked for fines, and damages then? No audible response there.

The day ended with the judge recapping the days events and adds his thoughts on what should be done. He asks once again if the plaintiff still wants the defendant "to go to prison --or excuse me, to go to jail, are you asking for a fine then?"

Mr. Sturtz: Yes.


And in keeping with his swift and precise rulings, the judge indicated he will take this under advisement and have a ruling in three days!

On February 5, 2009 the defendant was found not guilty and each is responsible for their own costs. Typical.....

Awhile back I was admonished for making comments about this judge, however I believed my comments then were right, and they most certainly are now, this judge lacks testosterone, and he couldn't find his balls if he reached into his robe with both hands.

Below is a link to the circuit court, you can view every motion, filing and ruling that took place over the past three year.


http://www.saginawcounty.com/scripts/civil_events.pl?caseyear=06&casenum=062007


I am done, in my mind David Symons no longer exists.

Back to the business at hand, contempt charges....

Rumors of a settlement?

The rumor of a settlement of sorts was true, or so it seemed.

As mentioned, all week we had heard rumors of an offer of sorts coming from the David Symons camp concerning the contempt of court charges being dropped, and our counter motion to sue for damages and costs.

So we showed up in Judge Fred Borchards court room early Monday morning the 29th of January for what we expected to be a tumultuous day, and surprise surprise, we were not disappointed.

For the first 2 hours the judge, and the attorneys met behind closed doors, coming out occasional only to clear up a minor issue or two. Finally it seemed an agreement had been reached.

Mother, Joey, Betsy, Bill Street and I met in a back jury room to go over their proposal. David Symons would withdraw his motion to find mother in contempt in exchange for us to agree to a confidentiality agreement and I would not publish anything relating to his offer on "The Red Door Journal".

We discussed the offer and agreed to it with one exception, David Symons was to pay the $7,000.00 yes seven thousand dollars is what it cost mother to hire an attorney to defend herself against this bogus charge. We broke for lunch thinking that this was almost behind us and we ate well.

Imagine our frustration when upon our return after lunch........

The counter offer was rejected and they walked out. This makes it the third time David Symons has walked out. But on the bright side, I can blog unimpeded from the courtroom since they provide free wifi access!


Game on, lets go to court!

Obama: Government health care will be like, um, the post office

Well now I’m sold. If only he’d sweetened the pot and promised us it’d be like the DMV, I’d be ready to don an SEIU shirt and beat some protesters myself.

You Might Be A Member of The Angry Mob If:

- You get up every morning, go to work, pay your bills and obey the law.
- You still hold the ridiculous opinion that the USA is great.
- You don’t want a handout.
- You fly the flag.
- You know the difference between the Judiciary and the Legislature.
- You wear Khakis and good shoes. (or if you’re female, you sometimes wear dresses)
- You’re over 30.
- You shower daily.
- You know that MLK was a Republican – as well as Lincoln.
- You know that Sen. Byrd was a KKK Grand Wizard.
- You’re proud of the troops.
- You believe terrorists should be killed – not freed.
- You love your Country as it is – not how you wish it would be.
- You respect the Constitution.
- You run your household on a balanced budget.
- You believe God is a person, not an energy field.
- You don’t wear hemp – you tie knots with it.
- You think the Washington Wizards should still be called the Bullets.
- You thank a Veteran.
- You agree with Patrick Henry, Thomas Jefferson and Ben Franklin.
- You write your Congressman without getting paid or induced to do so.
- You are not a ‘victim’ of anything.
- You hunt or fish.
- You can remember when Cigarettes were OK and abortion wasn’t.
- You don’t tingle when the President speaks.
- You now ask, or have ever asked, “Why?”
- You realize that the government has no money – except ours.
- You believe that happiness is a pursuit – not a guarantee.
- You can express an opinion that isn’t a quote from the MSM.
- You believe Congress and the President work for us – not the other way around.

Flying pig alert...

WH: We’re not collecting names, we’re storing your e-mail addresses

Cooking the books Chicago & Obama style.

I know, my bad, that title is redundant.

Update: BLS juggling the numbers?

In June, the Bureau of Labor Statistics said the civilian labor force was 154,926,000people.

In July, 796,000 of those were taken out of their definition of the workforce, and thus their unemployment calculations for this month, because they have stopped looking for work “because they believe no jobs are available for them.” Ten percent of the June workforce would be 15.4 million, 1 percent would be 1.5 million, and so 796,000 is roughly one half of one percent.

In other words, BLS took .5 percent of what you and I would consider unemployed and took them out of their total. And with that, unemployment went down one tenth of one percent.

Just your average mob member....!

The motion to show cause....

Here's how it works. The plaintiff gets his attorney to file charges against the defendant. Usually, it's long with various accusations etc.. Then, the defendant's attorney responds to each allegation. It's a tedious process but, it's the way things work. You can check the circuit court site to count how many times this has been done during the past couple of years. The MOTION TO SHOW CAUSE WHY THE DEFENDANT, JOSEPHINE S. LEE SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATING COURT ORDER is a bit different from previous motions filed by the defendant. This time, he was aware that if his sister was found guilty, a jail sentence and possibly the fine and fees he was asking for were at stake. Nice guy.

Here is what they had to say:

1. "The the Plaintiff did file a Motion for an injunction on December 8, 2008 and the relief sought in said motion was to not allow anyone to use the cottage during the Christmas holidays." etc. etc.

2. "That the parties, through their respective counsel did appear in Court and arguments were presented to the Court...etc...(on December 15th) The Court took such matter under advisement...."

3. "Thereafter, the Court, on the morning of December 23, 2008, did issue an Opinion and Order granting the relief prayed for in the Plaintiff's motion and ruled,"...(who prayed for the ruling????)

4. "That upon information and belief the attorney of record, Philip R. Sturtz, did have telphone communication with Gary R. Campbell, at his residence on December 24, 2008, and it was reported that Attorney Campbell e-mailed a copy of the Opinion and Order of the Court to the Defendant, Josephine S. Lee, and following the e-mail did have conversation with the son of the Defendant, Charlie Lee, concerning the Opinion. It was then related to the son that the Order of the Court should be followed."

5. "That thereafter, based upon information and belief, Chris the Caretake of the cottage located at Higgins Lake, relates that Josephine S. Lee has received notice of the Opinion and Order of the Court; that she intends to ignore the Order and the only way she will leave is if Mr. Symons has her escorted out in handcuffs." (really??.. she said that??? NOT! Perhaps one of those lost in translation things?)

6. That on or about December 26, 2008, a certified copy of the Opinion and Order of the Court is delivered to the Roscommon County Sheriff's Department and therafter, on or about December 26, 2008 at 12:55 p.m. Deputy Sheriff D.T. Collins, serves a copy of the Certified Opinion and Order of the Court upon the Defendant, Josephine S. Lee," see exhibit #1. (he was a great guy!)

7. To further demonstrate the acknowledgement and willful contempt of the Court's Order, the Defendant, Josephine S. Lee, has her picture taken inside the cottage with the Deputy Sheriff and publishes said photograph and information concerning the lawsuit on the internet, which is published in "The Red Door Journal", see exhibit #2 (mother publishes on the RDJ??? Don't think so.)

8. Based upon information and belief the parties remained at the cottage in violation of the Court Order that was served upon....until December 29, 2008."

9. That the Defendant, Josephine S. Lee is an articulate, well read individual. The Defendant, Josephine S. Lee is well capable of understanding the English language and very capable of reading the English language.

10. That the Defendant, Josephine S. Lee, is 80 years of age and was well respected by her family, but for whatever reason she has chosen to intentionally and meangfully to defy and not follow the orders of the Court. (81, but then could you expect her brother to know that?)

11. That the Plaintiff has incurred costs and attorney fees for having to bring this motion, including the traveling to Roscommon County on two separate occasions; the ordering and payment of certified copies and the payment of processing serving fees." (why two occassions?)

"Wherefore, the Plaintiff prays that this Honorable Court would conduct a hearing in this case; impose sanctions, payments of costs and attorney fees in the sum of $3500.00 plus costs and expenses and grant such other relief as the Court should deem appropriate under the facts and circumstances of this case."

The next obvious step is to prepare an answer. We met with Bill to go over these allegations and put together mother's defense. What a bunch of bunk. To say this was frivolous is an understatement. $7,000 to Bill to take on Sturtz... just what we wanted to do. Did you catch the word "was" in the sentence above in regards to her "respectablility"? Yeah... NICE. Real NICE. Was it seeing her in orange he wanted or...the money???? Hmmmmmm.

Joe Torrence survives the 70's Happy Birthday Joe!

I couldn't help but post this one.

Happy ? ? Birthday Katy

You don't mind sharing with your sister do you?