Friday, August 31, 2012

Magness Family Values

It's about time I blogged about what happened between me and Slumdog Billionaire Gary Magness, and his high-priced lawyers at Baker & Hostetler, especially partner Rebecca Alexander. 

Although Gary shows up to court looking like a poor homeless feller--hair slicked back with a smirk on his face, chewing gum and slouching in his seat--in the immortal words of George W. Bush, don't misunderestimate him.  He owns everybody in sight.

Gary bribed at least one county commissioner (Steve Benninghoven) and one county official ("Development Services" director Don Stevenson) to permit him to open a road across my clients' property in the Woodside subdivision in Park County, Colorado, without notice, via secret meetings.  In fact, it's possible Gary installed those two people in office, precisely to grant this approval he had been unable to get legitimately.  Benninghoven owned a gunshop in Bailey and played poker with Magness's employees.  Suddenly, he's a county commissioner.  Stevenson came from Florida to fill his job, which was specially created.  (It used to be called "Planning Director.")  Stevenson's wife Wanda even got a job at the county clerk's office, where crucial County Commissioner meeting minutes went missing.

Gary also paid off two deputy sheriffs, who came out to Woodside the day before the trespasses, and sat on the property watching a guy who had come to remove utility poles "because of the road that's going through."  The next day, when the bulldozers were tearing up the property and Magness's thugs were cutting the trees down, the sheriff was nowhere to be seen, despite nine 911 calls and the station being less than a mile away.  Throughout the bulldozing, Magness's thugs kept calling, "Where's the sheriff?  When's the sheriff coming?"


It all started in 1997.  I represented George and Patricia Barilla, as well as the Woodside Homeowners' Association, and got a preliminary injunction against Magness and the County in September 1997, after Magness's thugs made two entries on the Barillas' property with bulldozers and chain saws, cutting all the trees down to make this road. 

Then began a veritable circus in the courts.  I worked on a contingent basis for almost all of 11 years, and prevailed in four appeals.  The first question you must ask is why so many appeals were necessary.  Well, it's not because the issues were so difficult.  It's because the district court judge was one of the people we believe got paid off, as both Pattie and George Barilla testified under oath.  Well, George tried to, at the hearing, but was prohibited; see below.

So, I did this work for my clients, at great personal sacrifice with no compensation for 11 years, and ultimately put $300,000 into their bank account, which included damages as well as attorney fees.  Right:  they didn't pay ME fees, but because of the contract I had with them, they got two-thirds of every dollar I recovered, whether denominated as damages or fees.  Anyway, we were remanded to the district court, with a new judge (Barton) to determine damages and fees, and he set two trials.  I then found myself defending against an onslaught from Magness's attorney Rebecca Alexander.  She ran to the court with groundless motions for sanctions twice--which the court denied--and filed two grievances over imaginary offenses with the Colorado Supreme Court's Office of Attorney Regulation Counsel.  Unfortunately, John Gleason, the head of OARC, has quite a different agenda than to "do justice."

For my dedication to my clients, and wonderful victory, I spent the next two years being hauled through disciplinary proceedings AT MAGNESS'S ATTORNEY'S REQUEST, and was suspended for a year and a day, with readmission conditioned on submitting to a mental examination (called an "IME"), as well as paying about $10,000.  The IME was imposed in violation of all rules, two months after I had overcome an order to show cause why I should not be sent to an IME.  (Look at the six affidavits at the end of that last link.)  The presiding disciplinary judge, William Lucero, just stuck this condition in the opinion without notice or any process whatsoever.

Well, you say, I must have done something to deserve all this.  Well, no, I say:  my "offense" was that I beat the Billionaire and his Fancy Law Firm.  The OARC sicced an ambitious and dishonest prosecutor on me, April McMurrey (nee Seekamp).  I was her full-time project for four years (and maybe would still be today, but I left the state).  McMurrey has never litigated a case in a real court, never had a contract with a client, never even had a real CLIENT.  She was directed to "get Maynard."  I was even ordered to turn over my files to McMurrey, so she could root through them looking for more stuff to trump up.  This Magness matter was one of SIX bogus disciplinary cases this female pursued against me from 2007 to 2009, three of which were dismissed and the other two of which were trumped up to result in harmful and undeserved consequences, like this one.  What McMurrey primarily showed, in these cases, is that she doesn't know the law and doesn't know the rules of civil procedure.  Several of the "ethics violations" she pursued had already been before the district court via Ms. Alexander's motions for sanctions, which the court had denied.  The others, also cooked up by Alexander, were centered on my raising legitimate issues over the fee award.  I was being hauled through disciplinary proceedings for raising these issues at the same time my appeal of them was pending.  You will wait a long time before you see any corporate lawyers disciplined for appealing a fee award (or for doing anything else, frankly).

In all of the cases OARC brought against me, I was punished for bringing issues to the court which in this prosecutor's uninformed opinion I should not have brought, even though I had substantial authority to support what I did.  Here, for example, her charge that I "cheated my clients" depended on her (and Alexander's) interpretation of my contract with my clients, when they are complete strangers to the contract; the Barillas themselves never alleged I cheated them; and a disciplinary panel has no jurisdiction to interpret a contract.  I also had U.S. Supreme Court precedent authorizing me to do what I did, but neither McMurrey nor Alexander knew about that authority.   So because they don't know the law, I must be suspended from the practice of law:  stripped of my right to earn a living and forced to spend everything I was paid for my work in that case on my defense.

Rebecca Alexander had been so afraid of the attorney fee hearing in district court that she bribed a witness, an attorney named Michael Schaefer, to give false testimony against me.  She also lied to the court, as did Schaefer.  But do you think the OARC cares about attorneys who lie to the court or bribe witnesses?  You bet your sweet bippy it doesn't, not when such people have been Anointed by a Billionaire.  My grievance against Alexander was dismissed out of hand.  My grievance against Schaefer was thwarted because McMurrey advised him to register inactive, to avoid discipline from her own office.  All of this unethical conduct by the very people supposed to be the bellwethers of ethics is circumstantial evidence that the billionaire bought McMurrey's boss, too.  That would be "Greaser" Gleason.  I complained against McMurrey, but a grievance against an OARC employee goes to an "advisory panel" that shunts the grievance right back to Gleason, McMurrey's pimp.

Here is the motion I filed for post-trial relief after the disciplinary opinion came down, so you can see how speculative and groundless the charges against me were.  I will shortly link to other briefs and papers.  The opinion does not mention any of my evidence or defenses.  It says nothing about my having worked 11 years without pay, or the wonderful victory I obtained for my clients, not even as factors in mitigation.  Not mentioned was the fact that it was not my clients who grieved me or ever said I had cheated them, but my unethical opponent, the big firm lawyer, because she was mad she lost the case.  (In fact, she billed her client Magness for her time, showing it was a joint venture.)  I testified to thousands of hours of pro bono legal services I have rendered--no mention of that in the opinion, either.  One of the three judges on my hearing panel, a person named Barbara Laff, slept through much of the hearing.  Well, why should she stay awake?  She knew the fix was in.

As for George Barilla, I asked him on the stand what he believed was going on with Judge Plotz's bizarre rulings and delays in Park County, and his answer--that he was bribed by Gary Magness--was interrupted by Judge Lucero.  Lucero would not let him finish his statement.  Lucero also would not let me put April McMurrey on the stand to ask her about her selective prosecution of me, advising Schaefer to register inactive; coaching Rebecca Alexander at her deposition; or willfully violating numerous policies of her office in order to "get Maynard."  Lucero also excluded important documents I designated for the record on appeal, in order to defeat my appeal of his irregular rulings, particularly the outrageous condition that I submit to an IME before I may be readmitted.

I appealed the disciplinary case to the Colorado Supreme Court, even though by that time I had a racketeering and civil rights suit going against all the principal actors in this vendetta, including several Supreme Court justices; so the justices obviously had a conflict.  That did not stop them from dismissing my appeal on a pretext. 

And that is not even the end!  I filed a suit for abuse of process and civil rights violations against McMurrey, Alexander, Schaefer, and Magness, in Denver District Court, in 2010, for using the disciplinary process as a litigation strategy and bribing witnesses.  The judge was Michael A. Martinez.  He's in Courtroom 1.  Marc Flink with Baker & Hostetler filed a motion to dismiss, improperly supported by 28 exhibits.  Schaefer's attorney, Susan Stamm, followed suit.  NO exhibits are permitted to be considered in conjunction with a motion to dismiss.  ZERO.  But Martinez doesn't care about the rules or the law, either--and he obviously got a telephone call telling him how to rule, or a nice little slug into his bank account--so he granted the motions to dismiss and, in the same breath, socked me with an attorney fee award PAYABLE TO THE BILLIONAIRE, which, several months later, he determined at $100,000.  I did not get one minute's worth of due process in this matter, either, obviously.  I appealed that judgment, and had filed my opening brief, when Janice Davidson, Chief Judge of the Court of Appeals, dismissed my appeal on a pretext. 

The chief judge has no power to dismiss an appeal, and the appeal was not even ripe until the fees were determined, but nobody cares.  Her dismissal stands.  So I now have this bogus $100,000 judgment against me, which Flink is eager to collect. 

I've made Michael A. Martinez a defendant in a federal court suit, by the way,11 CV 901--and will make Janice Davidson a defendant, too, if I ever get back from the 10th Circuit.  They are both being told how to rule.  That's why they hold their respective positions.  In fact, I will go so far as to say that Courtroom 1 at the Denver District Court, and the post of Chief Judge of the Court of Appeals, are the regular channels for Mafia contact with the courts (although not the only channels).  Klaus Hume was Chief Judge before Davidson, and John McMullen was in Courtroom 1 before Martinez.  I have substantial evidence of ex parte communications of my opponents with Hume and McMullen, as well, in an earlier case. 

Don't doubt me about the Mafia's influence on the courts, by the way--or the CIA's.  Here's a little more about "Magness Family Values."  Bob Magness, Gary's dad, along with an associate named Larry Romrell founded and ran a company called Capcom which was indicted for money-laundering in connection with the BCCI crime scandal in the late 1980's--but the Dept. of Justice never did anything on the case.  Bob died in 1996.  BCCI involved the bribery of numerous governmental officials worldwide, including many members of Congress, with drug proceeds and millions stolen by Manuel Noriega, laundered through Capcom. (BCCI would have been a lot huger scandal but for DOJ's corruption.  The only one who prosecuted was the Manhattan DA, Robert Morgenthau.)  Here's an excerpt from a book about this by Joel Bainerman; and here are some other materials not on the web.  The Arab who started BCCI ("Bank of Credit and Commerce International"), Abedi, may even have been ON Magness's Hidden Valley Ranch--the very property in Park County which would have been benefited by the road across the Barillas' property.  (See the Denver Post cartoon chronology.)  Although Bob Magness always got a pass from reporters, who questioned whether he was "duped," since he's such a nice guy, a far more supportable conclusion, given his control of Capcom, is that bribing government officials is standard business practice with the Magnesses:  a family tradition.






















1 comment:

  1. Do you know of anyone who was ever prosecuted in Colorado for any local government corruption? I am on a DOJ email list and I see that, after the 9/11 delay, that DOJ is now prosecuting government officials all over the U.S. except it never seems to prosecute anyone in Colorado for any sort of government corruption.

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