PhillyKev 0 #1 April 13, 2004 Since a lot of you have asked for an update, here it is. Not going to rehash the whole sordid origin of this so if you don't know what I'm talking about, feel free to ignore. Had the criminal trial today. Finally found out what I supposedly did to get arrested. She claimed I sent her a text message to her cell phone that said "You'll be sorry" and that I sent her a threatening letter in the mail. That's apparently all it takes to send someone to jail. Hopefully I don't have to point out that I did neither. The charges state that the text message was sent from the cell companies web site, not my phone. And the threatening letter was typed, not in my handwriting. My atty requested discovery weeks ago which we never got from the DA, they are required to produce the evidence for the defense to examine before trial, and they never did. They also didn't have the letter there for the trial, it was at the police station. So, they were going to continue it again for 6 weeks, but instead the DA agreed to dismiss the charges as long as she doesn't make any other allegation for the next 60 days. I still have the civil hearing next week to make the original stay away order permanent, but she was looking nervously at the answering machine on my lap. Probably because she knows I have messages from her saying, "I'm going to have something done to you by the law" and "I'm going to make your life miserable" and a dozen more begging me to pick up the phone and talk to her. So, I'm not really worried. Now I just have to wait the 60 days until the charges are officially dismissed so that I can file criminal charges against her for false imprisonment and a civil suit for my attorney fees and lost wages. Quote Share this post Link to post Share on other sites
jfields 0 #2 April 13, 2004 Glad to hear things are swinging in your favor, Kevin. That shit sucked! Quote Share this post Link to post Share on other sites
Stacy 0 #3 April 13, 2004 nice kevin! (the song *smack that bitch up* or something like that comes to mind....") We'll celebrate over a beer when i visit CK, probably weekend of May 15. __ Quote Share this post Link to post Share on other sites
jumper03 0 #4 April 13, 2004 Glad to hear it Kev. I hope what went around, does go back around... JumpScars remind us that the past is real Quote Share this post Link to post Share on other sites
chuckbrown 0 #5 April 13, 2004 Good job, but I don't think false imprisonment will work. She didn't imprison you, the police did (didn't they?). Try for false reports to authorities instead. Ah, hell hath no fury ... (sorry ladies, I've dealt with too many psychos). Quote Share this post Link to post Share on other sites
TheAnvil 0 #6 April 13, 2004 Hell hath no fury like a woman.... Glad it turned out for you dude!Vinny the Anvil Post Traumatic Didn't Make The Lakers Syndrome is REAL JACKASS POWER!!!!!! Quote Share this post Link to post Share on other sites
rehmwa 2 #7 April 13, 2004 Good luck and good news, Kevin - I hope you win on the counter charges. ... Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants Quote Share this post Link to post Share on other sites
lawrocket 3 #8 April 13, 2004 I'll agree with Chuck. I don't think the false imprisonment charge will hold up. Sounds like you DO have a case for intentional infliction of emotional distress. Sounds like a pretty good winner, too. Hopefully an attorney will take it (they might be discouraged if she has no money) Kick her ass, kev. In a legal, non-physical way, that is.. My wife is hotter than your wife. Quote Share this post Link to post Share on other sites
PhillyKev 0 #9 April 13, 2004 Well, they have a statute for private criminal complaints to be filed called false imprisonment. I assumed that was having someone falsely arrested. The DA would have to bring charges for filing a false report, which I don't think he will. But this is something that I can file for. I'll have to look into it and get details. Either way, I'm definitely going to be getting some pay back. Quote Share this post Link to post Share on other sites
Kennedy 0 #10 April 13, 2004 There anyway you can give a "fuck you" to the DA for not sending materials over, and for bringing such a ridiculous case against you? I mean come on, a text message from a webiste and a typed letter? I wonder if you could get the IP from the website and see where the text message was entered from. Good luck dealing with the civil case next week, and sic that lawyer pitbull on her for fucking with your life. I never thought an answering machine could be a guy's best friend. That fucknut DA has time to have you arrested and tried for a text message with no sender info and a letter from nobody knows where, but he can't bother for filing false police reports and costing everyone for her charade? Asshat fucktard doesn't even being to cover it.witty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
chuckbrown 0 #11 April 13, 2004 If you're in PA all private criminal complaints must be approved by the DA. You can prosecute them but the DA has to OK it. Like I said before, I doubt false imprisonment will fly since she didn't restrict your freedom of movement. If she locked you in the closet, that would be false imprisonment, but if she tells a lie to the cops and they lock you in that's not false imprisonment; she didn't restrict your movement, the police did. There might be an abuse of process claim. But you've got a lawyer, listen to him. From the sounds of it he knows what he's doing. Anyway, good luck, and remember "revenge is a dish best served cold." mmmwwwwwahhhhaaa. Quote Share this post Link to post Share on other sites
goose491 0 #12 April 13, 2004 QuoteEither way, I'm definitely going to be getting some pay back. Kevin I'm glad things are looking up for you. Might I suggest however that you forget about 'pay back' and turn the other cheek? Making sure the restraining order is well taken care of and then getting on with your life would likely make you feel better then putting effort into making her life difficult... basically, it's not worth your time and effort and won't make you feel any better. Take the high road, Just my thoughts. Nick My Karma ran over my Dogma!!! Quote Share this post Link to post Share on other sites
AggieDave 6 #13 April 13, 2004 Glad this is turning out well for you! Now, good luck and happy hunting in recouping your lost money and such.--"When I die, may I be surrounded by scattered chrome and burning gasoline." Quote Share this post Link to post Share on other sites
juanesky 0 #14 April 13, 2004 What about your guns? Glad that justice was served."According to some of the conservatives here, it sounds like it's fine to beat your wide - as long as she had it coming." -Billvon Quote Share this post Link to post Share on other sites
PhillyKev 0 #15 April 13, 2004 Yeah...you're right, just looked at the statute again. It would have to be false swearing and false reporting. But I can file those charges with the DA and see if they accept them. Either way I can still sue civilly. Quote Share this post Link to post Share on other sites
PhillyKev 0 #16 April 13, 2004 QuoteKevin I'm glad things are looking up for you. Might I suggest however that you forget about 'pay back' and turn the other cheek? Believe me, I could give a shit about her. Her life is so pathetic and miserable that I don't have to do a thing to make it any worse. That's not my intention. My intention is to try and recoup the $3,500 this has cost me out of my pocket so far. Not to mention the psycho should be taught a lesson that she can't go around doing this to people. I owe that to the next guy that gets mixed up with her. Quote Share this post Link to post Share on other sites
PhillyKev 0 #17 April 13, 2004 QuoteWhat about your guns? Glad that justice was served. Don't know yet. That's related to the protection order which is what I have the civil hearing about next week. The temporary order is still in effect. Next week it will either be made permanent (18 months) or dismissed. While it's in effect I can't posess any weapons. Quote Share this post Link to post Share on other sites
PhillyKev 0 #18 April 13, 2004 QuoteSounds like you DO have a case for intentional infliction of emotional distress. Sounds like a pretty good winner, too. Hopefully an attorney will take it (they might be discouraged if she has no money) Municipal civil suits in Philly for up to 10 grand don't require attorneys. I'll file that on my own. $3500 for my out of pocket and $6500 for my distress. I probably won't ever see a dime since she works for tips and hasn't filed income taxes in 8 years, doesn't have a bank account, and doesn't have any assets. BUT, it will put a judgment against her for 10 years, so if in that time she buys and tries to sell any property, the judment will have to be satisfied before they can go to settlement. Quote Share this post Link to post Share on other sites
chuckbrown 0 #19 April 13, 2004 QuoteBUT, it will put a judgment against her for 10 years, so if in that time she buys and tries to sell any property, the judment will have to be satisfied before they can go to settlement. FYI, while Philadelphia is often called the Evil Empire in the rest of PA and makes it's own rules, I think judgments are only good for 5 years, but it's very easy to revive them for additional 5 year periods. It might be different in Philly though. Quote Share this post Link to post Share on other sites
goose491 0 #20 April 13, 2004 QuoteQuoteKevin I'm glad things are looking up for you. Might I suggest however that you forget about 'pay back' and turn the other cheek? ... My intention is to try and recoup the $3,500 this has cost me out of my pocket so far. Well yeah, you should not have had to pay anything out of the ordeal. What about your guns? What's the scoop there? My Karma ran over my Dogma!!! Quote Share this post Link to post Share on other sites
PhillyKev 0 #21 April 13, 2004 QuoteWhat about your guns? What's the scoop there? Answered above... Separate issue, that's the civil matter, this was the criminal. At least I won't have a record, even if the order is made permanent for 18 months, because that's not a criminal charge. It sucks though because I was planning to compete this year in the GSSF. Which the bitch knew, that's probably why she made the accusation that she did. Quote Share this post Link to post Share on other sites
PhillyKev 0 #22 April 13, 2004 Hmmm....so, I'm going out with a bunch of people tonight to play trivia at a bar. One of the people going to be there is an acquaintance of mine who is an investigative news reporter for the local Fox channel. Think I should tell her about my ordeal? Last year I told her about the Camden cops shaking down the people selling tshirts and candles and crap at the Dead show and she did an investigative report showing them doing the same thing when Phish came to town. Quote Share this post Link to post Share on other sites
TitaniumLegs 8 #23 April 13, 2004 Hot tip: If there is now way to download or connect the answering machine to another device to make a copy, get a voice recorder from Radio Shack or somewhere, recrod what's on the tape to another medium, in case something happens to the original. It's too easy to erase or damage. You might also look into having a legal stenographer or notary public or whatever the correct authority is do a legal transcription. Make sure the dates/times are also copied with the messages. Just a thought... Peter (>o|-< If you don't believe me, ask me. Quote Share this post Link to post Share on other sites
PhillyKev 0 #24 April 13, 2004 Already covered, including the transcript. Thanks for the thought, though. Quote Share this post Link to post Share on other sites
ACMESkydiver 0 #25 April 14, 2004 Glad to hear things are going better for you, Kev! ~Jaye Do not believe that possibly you can escape the reward of your action. Quote Share this post Link to post Share on other sites
