Laura's 'letter' is in red. My comments are in black.
“Dear Friends, Family, And Media,
We are being stalked by, Melinda Pillsbury foster AKA Journalist for the Inconoclast in Texas, Who Melinda does not work for,(sic)”
It is really sad Laura does not
understand the definitions of the terms she uses so freely. Read the
definition carefully, Laura, even if your lips must move and you need
to squinch up your face because exercising your bitty little brain
hurts.
Now think specifics, dates, copies of
emails, voice mails, documents, proof. We have this because you are
guilty.
The definitions are copied, and linked,
below for the edification of the reader.
Stalking first attracted widespread public concern when a young actress named Rebecca Shaeffer, who was living in California, was shot to death by an obsessed fan who had stalked her for two years. The case drew extensive media coverage and revealed how widespread a problem stalking was to both celebrity and noncelebrity victims. Until the enactment of anti-stalking laws, police had little power to arrest someone who behaved in a threatening but legal way. Even when the suspect had followed his victim, sent her hate mail, or behaved in a threatening manner, the police were without legal recourse. Law enforcement could not take action until the suspect acted on his threats and assaulted or injured the victim.
(Death threats go
waay beyond stalking)
harassment (either harris-meant or
huh-rass-meant) n. the act of systematic and/or continued unwanted
and annoying actions of one party or a group, including threats and
demands. The purposes may vary, including racial prejudice, personal
malice, an attempt to force someone to quit a job or grant sexual
favors, apply illegal pressure to collect a bill, or merely gain
sadistic pleasure from making someone fearful or anxious. Such
activities may be the basis for a lawsuit if due to discrimination
based on race or sex, a violation on the statutory limitations on
collection agencies, involve revenge by an ex-spouse, or be shown to
be a form of blackmail ("I'll stop bothering you, if you'll go
to bed with me"). The victim may file a petition for a "stay
away" (restraining) order, intended to prevent contact by the
offensive party. A systematic pattern of harassment by an employee
against another worker may subject the employer to a lawsuit for
failure to protect the worker. (See: harass,
sexual
harassment)
(Again, you
exceeded the perimeters, as have the Gells)
Fraud is most common in the buying or selling of property, including real estate, Personal Property, and intangible property, such as stocks, bonds, and copyrights. State and federal statutes criminalize fraud, but not all cases rise to the level of criminality. Prosecutors have discretion in determining which cases to pursue. Victims may also seek redress in civil court.
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result.
These elements contain nuances that are not all easily proved. First, not all false statements are fraudulent. To be fraudulent, a false statement must relate to a material fact. It should also substantially affect a person's decision to enter into a contract or pursue a certain course of action. A false statement of fact that does not bear on the disputed transaction will not be considered fraudulent.
Second, the defendant must know that the statement is untrue. A statement of fact that is simply mistaken is not fraudulent. To be fraudulent, a false statement must be made with intent to deceive the victim. This is perhaps the easiest element to prove, once falsity and materiality are proved, because most material false statements are designed to mislead.
Third, the false statement must be made with the intent to deprive the victim of some legal right.
Fourth, the victim's reliance on the false statement must be reasonable. Reliance on a patently absurd false statement generally will not give rise to fraud; however, people who are especially gullible, superstitious, or ignorant or who are illiterate may recover damages for fraud if the defendant knew and took advantage of their condition. MORE
(Lied to get services and money from myself and Raye, then harassed, stalked and threatened us)
Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer.
Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.
Elements of the crime -
Virtually all extortion statutes require that a threat must be
made to the person or property of the victim. Threats to harm the
victim's friends or relatives may also be included. It is not
necessary for a threat to involve physical injury. It may be
sufficient to threaten to accuse another person of a crime or to
expose a secret that would result in public embarrassment or
ridicule. The threat does not have to relate to an unlawful act.
Extortion may be carried out by a threat to tell the victim's spouse
that the victim is having an illicit sexual affair with another.Other types of threats sufficient to constitute extortion include those to harm the victim's business and those to either testify against the victim or withhold testimony necessary to his or her defense or claim in an administrative proceeding or a lawsuit. Many statutes also provide that any threat to harm another person in his or her career or reputation is extortion.
Under the common law and many statutes, an intent to take money or property to which one is not lawfully entitled must exist at the time of the threat in order to establish extortion. Statutes may contain words such as "willful" or "purposeful" in order to indicate the intent element. When this is so, someone who mistakenly believes he or she is entitled to the money or property cannot be guilty of extortion. Some statutes, however, provide that any unauthorized taking of money by an officer constitutes extortion. Under these statutes, a person may be held strictly liable for the act, and an intent need not be proven to establish the crime.
Statutes governing extortion by private persons vary in content. Many hold that a threat accompanied by the intent to acquire the victim's property is sufficient to establish the crime; others require that the property must actually be acquired as a result of the threat. Extortion by officials is treated similarly. Some statutes hold that the crime occurs when there is a meeting of the minds between the officer and the party from whom the money is exacted. MORE
Conspiracy is a crime separate from the criminal act for which it is developed. For example, one who conspires with another to commit Burglary and in fact commits the burglary can be charged with both conspiracy to commit burglary and burglary.
Conspiracy is an inchoate, or preparatory, crime. It is similar to solicitation in that both crimes are committed by manifesting an intent to engage in a criminal act. It differs from solicitation in that conspiracy requires an agreement between two or more persons, whereas solicitation can be committed by one person alone.
Conspiracy also resembles attempt. However, attempt, like solicitation, can be committed by a single person. On another level, conspiracy requires less than attempt. A conspiracy may exist before a crime is actually attempted, whereas no attempt charge will succeed unless the requisite attempt is made.
The law seeks to punish conspiracy as a substantive crime separate from the intended crime because when two or more persons agree to commit a crime, the potential for criminal activity increases, and as a result, the danger to the public increases. Therefore, the very act of an agreement with criminal intent (along with an overt act, where required) is considered sufficiently dangerous to warrant charging conspiracy as an offense separate from the intended crime.
According to some criminal-law experts, the concept of conspiracy is too elastic, and the allegation of conspiracy is used by prosecutors as a superfluous criminal charge. Many criminal defense lawyers maintain that conspiracy is often expanded beyond reasonable interpretations. In any case, prosecutors and criminal defense attorneys alike agree that conspiracy cases are usually amorphous and complex.
Elements -
The essence of
conspiracy is the agreement between two or more persons. A single
person acting alone cannot be guilty of conspiracy. MORE
(Those
fun emails sent to your clutch of cronies, along with other proof of
your cooperative efforts)
The probability that a plaintiff
will recover damages in a defamation suit depends largely on whether
the plaintiff is a public or private figure in the eyes of the law.
The public figure law of defamation was first delineated in new york
times v. sullivan, 376 U.S. 254, 84 S. Ct. 710, 11 L. Ed. 2d 686
(1964). In Sullivan, the plaintiff, a police official, claimed that
false allegations about him appeared in the New York Times, and sued
the newspaper for libel. The Supreme Court balanced the plaintiff's
interest in preserving his reputation against the public's interest
in freedom of expression in the area of political debate. It held
that a public official alleging libel must prove actual malice in
order to recover damages. The Court declared that the First
Amendment protects open and robust debate on public issues even
when such debate includes "vehement, caustic, unpleasantly sharp
attacks on government and public officials." A public official
or other plaintiff who has voluntarily assumed a position in the
public eye must prove that defamatory statements were made with
knowledge that they were false or with reckless disregard of whether
they were false.
Where the plaintiff in a defamation action is a private citizen
who is not in the public eye, the law extends a lesser degree of
constitutional protection to defamatory statements. Public figures
voluntarily place themselves in a position that invites close
scrutiny, whereas private citizens who have not entered public life
do not relinquish their interest in protecting their reputation. In
addition, public figures have greater access to the means to publicly
counteract false statements about them. For these reasons, a private
citizen's reputation and privacy interests tend to outweigh free
speech considerations and deserve greater protection from the courts.
(See Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S. Ct. 2997, 41 L.
Ed. 2d 789 [1974]).Distinguishing between public and private figures for the purposes of defamation law is sometimes difficult. For an individual to be considered a public figure in all situations, the person's name must be so familiar as to be a household word—for example, Michael Jordan. Because most people do not fit into that category of notoriety, the Court recognized the limited-purpose public figure, who is voluntarily injected into a public controversy and becomes a public figure for a limited range of issues. Limited-purpose public figures, like public figures, have at least temporary access to the means to counteract false statements about them. They also voluntarily place themselves in the public eye and consequently relinquish some of their privacy rights. For these reasons, false statements about limited-purpose public figures that relate to the public controversies in which those figures are involved are not considered defamatory unless they meet the actual-malice test set forth in Sullivan.
Determining who is a limited-purpose public figure can also be problematic. In Time, Inc. v. Firestone, 424 U.S. 448, 96 S. Ct. 958, 47 L. Ed. 2d 154 (1976), the Court held that the plaintiff, a prominent socialite involved in a scandalous Divorce, was not a public figure because her divorce was not a public controversy and because she had not voluntarily involved herself in a public controversy. The Court recognized that the divorce was newsworthy, but drew a distinction between matters of public interest and matters of public controversy. In Hutchinson v. Proxmire, 443 U.S. 111, 99 S. Ct. 2675, 61 L. Ed. 2d 411 (1979), the Court determined that a scientist whose federally supported research was ridiculed as wasteful by Senator William Proxmire was not a limited-purpose public figure because he had not sought public scrutiny in order to influence others on a matter of public controversy, and was not otherwise well-known.
There
is no license for the practice of journalism. Repeat this over
several times. Writing articles is one aspect of free speech,
protected under the First Amendment of the Bill of Rights. Cast your
mind back to that little remembered civics class which you might have
attended in high school in Holly, Michigan where you were raised.
You do remember you were not raised in Laguna Beach, right? That was
just another one of those lies.
I
am a journalist. No one needs to have either a license or a diploma
to write. You are out of line and your comments are libelous. Even
you can call yourself an author, if you like. I'm eagerly awaiting
publication of whatever it is you are going to produce. Given your
inability to discern the difference between groundless gossip and
fact it will, doubtless, provide long and fruitful work for multiple
attorneys.
You, Laura, are not a medical
professional and not qualified to express an informed opinion
regarding my ability to drive or do anything else, yet you have given
your opinion on these matters. I have read, and written, widely on
the subject of psychopathy and have never claimed to have a degree.
Your comments are libelous, as are those of your fellow conspirator,
Jay E. Gell, your husband, and Morgan Gell.
Your comments regarding the textual
regurgitation your husband posted in the Huffington Post has been
noted. I have demanded the publication produce its records and my
attorney is now writing them a letter to the same effect. This is
not only a lie it is an intentional fraud, intended to damage. You
know perfectly well it was your drug-sodden ducal dud who did the
writing.
If you thought the ugly obscene and
vile comments of Jay Gell and his wife would silence me you were
wrong.
Now Laura, summon up all the attention
you can collect with that tiny collection of neurons you use as a
brain. You, not I, are guilty of stalking. Read over the
definitions above. You are guilty of all these acts.
You contacted my former husband,
received from him contact information, lied to my hosting company,
called my children, slandered me, called my professional contacts
with further slanders, and harassed me with death threats. During
this time I wrote you not one email and called you not even once. I
had never published any article on either you or Duke Dudly. The
record of my calls is available and yours will be secured through
discovery as litigation approaches. You worked in cooperation with
Craig, Morgan, and Jay and possibly others to accomplish these acts.
This is probably why Craig has been set
free. He was using GHS email, phones and other infrastructure while
employed there as an officer of the corporation.
If you had two cents to rub together it
would be fun to take them and see you on the street or in jail. But
you don't. Neither you or your ducal dud of a husband have any
money, which is why you feel the need to steal from everyone you
contact.
But there are deep pockets in the
clutch of you. Guess who is going to get served first?
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