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Wednesday, November 18, 2009

Multi-million dollar lawsuit filed against Boone law firm for legal malpractice

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(photo, left to right: attorneys Jeff and Dan Boone, the public face of the Boone law firm)

Claiming he has lost millions as a direct result of legal negligence and breach of professional duty, noted Venice orthopedic surgeon J. Fred Miller has filed suit against the Boone law firm for legal malpractice.

Reached by phone, Miller's attorney, W. Cort Frohlich, stated, "This is as clear a case of legal malpractice as you can get and we are going full steam ahead."

The suit, filed in circuit court on October 15, 2009, by Miller's attorney, W. Cort Frohlich, accuses the Boone law firm of failing to represent Miller in a foreclosure lawsuit after the law firm agreed to do so. The suit names law firm partners Stephen Boone and John Koda as well as the Boone law firm in toto (civil complaint, 6 pages, PDF).

In March of 2008, Community National Bank (since absorbed by Stearns Bank) filed a foreclosure suit against Miller over his interest in some undeveloped commercial land in Sarasota County.

According to Frohlich's complaint, the Boone law firm was hired by Miller to represent him in the foreclosure action. Frohlich writes that the Boone law firm subsequently failed to provide any meaningful or substantive legal services, causing a domino effect of legal and financial failures which, in turn, culminated in the seizure of Miller's thoroughbred horse breeding operation in Kentucky during an advertised horse auction.

According to the complaint, the Boones failed to respond to the initial filing for foreclosure, which allowed Community National to successfully obtain a summary judgment against Miller. This not only gave Miller's land interest to the bank, but also allowed the bank to obtain a money judgment in the amount of $1.99 million with the crucial wording "for all of which let execution issue."

According to the complaint, this, then, gave Community National a huge legal crowbar to go after any and all of Miller's professional and personal assets, which the bank did, starting with Miller's thoroughbred breeding operation in Kentucky, Miller Thoroughbreds, LLC.

Miller, apparently unaware of the Boone law firm's failure to represent him in the first action, re-hired the Boones to represent him in the Kentucky foreclosure action. According to the complaint, Miller was told "that he need not take any action in response to the filing" in Kentucky.

That was a second case of negligence, according to Frohlich, one that shut down Miller's horse breeding business when, unbeknownst to Miller, an advertised auction of thoroughbred horses was taken over by the Jefferson County Court in Kentucky in November of 2008.

According to Frohlich's complaint, the proceeds of the then-upcoming advertised auction were ordered to be deposited with the court. The auction house was served with the seizure notice just days before the auction, and the auction house promptly canceled the auction and terminated Miller Thoroughbred's credit line.

Thanks to the fact that no attorney showed up in court to defend Miller, Community National obtained from the Kentucky courts a second summary money judgment against Miller, this time in the amount of $1.98 million.

Word spread quickly through the equine world, and Miller, according to the complaint, "was forced to sell his stock at severely deflated prices." That, in turn, caused Miller Thoroughbreds to be unable to pay vendors, auction houses, banks, etc., and the company quickly spiraled into bankruptcy.

Frohlich alleges that Miller's economic implosion is all a "direct result and consequence of the negligence of Boone, Koda and [the] Boone law firm. ...None of the above would have occurred, but for the negligence and breach of the professional duty of care by" the Boone firm.

Frohlich writes that "by advising Miller that he need not respond or take any action in response to the filing of the Kentucky Action...," and "by failing to advise Miller that he needed to immediately retain counsel in Kentucky to defend the effort by the bank" to go after his assets there, that the Boones "were further negligent in their legal representation of Miller and further breached their duty of professional care."

The court filing concludes with this statement: "As a direct and proximate result of the negligence of (the Boone firm], and their breach of their professional duty to Miller, Miller has suffered and will continue to suffer damages in the millions of dollars as a result of the impact to him personally as well as to the entities which he owned and invested in."

Reached by phone, Boone law partner Jeff Boone stated "I honestly can't comment on it as I am not the attorney handling this case." Jeff Boone referred all questions to his brother, law partner Stephen Boone, who was not in the office.

While Frohlich writes in the complaint that Miller is seeking damages in excess of $15,000, Frohlich stated by phone that was a necessary minimum amount that needed to be in the legal wording just to get the case into circuit court. Frohlich stated that his client had lost several million dollars and that Miller was seeking compensation for the money that was lost as a result of the Boone law firm's handling of the two cases.

The Boones have until this Friday (two days from today) November 29 to have their response clocked in to the clerk of court's office to avoid yet another default judgment.

Monday, November 16, 2009

Batshiat Crazy Harry on losing: "The horror," the horror, the horror

The man with the heart of darkness faces his own political apocalypse and the results are not pretty
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Batshiat Crazy Harry Walia may come back for more self-created public abuse next year. Then again, he may not. It all depends.

In an open letter to his supporters (PDF file, one page), Walia shows off his math skillz, thanks his supporters, comments on "the horror of smear" aimed at him, and warns that he may come back for sloppy seconds next year.

Walia claims in his letter that he endured "the horror" only to lose by 70 votes. In fact, the margin was 139 votes, but who's counting? It's only math.

"Your hard work... helped us to dispel the difficulties, to withstand the horror of smear, insults, and personal attacks."

Claiming that his campaign was "a success even though it did not bring me a victory," Walia claimed to have run a "clean campaign."

Hold that thought for a moment. Here's an email I received on October 29, a week before the election.

During Sun Fiesta I had a yard sale and used one of his illegally posted [on city property] signs as the foundation for my yard sale sign. During the parade they blocked off an entrance to my street, so I went to check on my signage. The sign I posted below Walia's sign had been ripped off and was nowhere to be found (in other words, it had been stolen).

Several days later, I happened to look out my window and saw Harry placing one of his signs in MY yard. I promptly went out, picked it up, saw that he was walking back to his car which was parked halfway down the street, and approached him saying, "You cannot place your sign on my property."

He responded that it was not my property, but the property of the doctor's office next door.

I replied that a) he was mistaken, it was my property; and b) that regardless of whose property it was, it was illegal to post the sign so close to the road as it obstructs drivers' views.

I handed him his sign and he said, "You're miserable!"

I bit my tongue and only responded, "Well, at least I didn't throw your sign away. And, by the way, there are at least 30 of my friends and family whose vote you will not be getting."

After reading the comments on this website, and the article in the paper yesterday, I wonder, "Who's miserable NOW???" Cheers.

The real horror (or the real fun, depending on your point of view) comes in his less than obscure threat to maybe sort-of  return for more self-created public abuse: "I will only say I may return, God willing."

Hell, Harry, don't go away mad.

Thursday, November 12, 2009

Wiand, Jet Center hit with second motion; Wiand accused of inflating Jet Center's value, profitability

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Two days ago, City Attorney Bob Anderson sent out a letter to Burton Wiand, the court appointed receiver for Nadel's Scoop Management Ponzi scheme. Anderson's letter accused Wiand of playing fast and loose with the facts.

Early today, potential Jet Center buyer Earl Niemoth filed papers in federal court accusing Wiand of much the same thing [text copy provided by Niemoth].

This is Niemoth's second attempt at asking for court intervention to examine Wiand's involvement in the receivership of Nadel's Ponzi scheme.

His first attempt was rejected by the court because, according to the rejection ruling, the court apparently didn't recognize Niemoth as a potential buyer, instead ruling against Niemoth as a creditor trying to leapfrog over Wiand to get at the Jet Center's assets.

Niemoth addresses the apparent error in his newest filing.

To date, the only assett left for Wiand to recover is the fiunds tied in to the Jet Center. Niemoth accuses Wiand of inflating the value. Niemoth states he has examined the books and the tax returns for the Jet Center and that the business has been losing money steadily -- specifically in the six digit per annum range for the last three years.

Niemoth also accuses Wiand of playing fast and loose with potential buyers by not picking and choosing who Wiand would let have a seat at the table.

So far, no comment from the city on Niemoth's motion.

Attorney cat-fight -- Anderson to Wiand: DIAF, you lying sack of protoplasm

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To: Burton W. Wiand, Esquire
From: City Attorney Robert C. Anderson
Date: November 10, 2009
Subject: Scoop Receivership

Your November 6, 2009 correspondence to Isaac Turner [link to story] continues your pattern of evasiveness, misrepresentation, and erroneous conclusions. Mr. Turner and I believe that a line by line response would be a futile exercise and the City of Venice prefers to allow your actions and those of the City to speak for themselves.

The City looks forward to working with the purchaser of the Venice Jet Center, LLC regarding future leasehold improvements.

Sincerely,
Robert C. Anderson
City Attorney

Press release from Wiand's approved Venice Jet Center buyer -- full text

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(editor's prefatory note -- The big big question now is: Who are the angel investors, the hidden money guys behind this offer? Or, possibly: Does Tri-State really have them lined up yet? With the history of the Venice Jet Center as the site of a long history of known and documented criminal and terrorist activity (Art Nadel, Rudi Dekkers, Wally Hilliard, Mohamed Atta and the 9/11 terrorists, drug trafficking, etc.), the fact that it is planned to be opened under the name of Suncoast Air Center with no knowledge yet as to who the big money guys are behind the purchase is going to prove to be majorly distressing to city hall and to local residents who just want a cleanly run airport. -- JP, editor)

John:

My apologies for not copying you on the [press] release. I had e-mailed it directly to the Tribune and the Gondolier only, but I'm happy to share the complete text with you (found below). I know you are a voice in the community so I want to keep you in the loop. Unfortunately, all I am able to disclose at this time is the information contained within. The articles published in the Herald Tribune and Gondolier are correct with the exception of Mr. Giles report that I am a former Venice resident- I have not lived in the city, though I have been a resident of this area for some time.

If you have any further questions, feel free to e-mail and I will be happy to help answer them as best I can. I'm looking forward to working with you and your fellow Venetians to help resolve the ongoing issues for everyone's benefit.

Best Regards,
Marty Kretchman
Vice President
The Tristate Group, LLC

--PRESS RELEASE--
Tristate Aviation Group LLC was supplied a bidders package early this year along with many other potential bidder groups. Tristate did its own due diligence and we were asked to submit our best offer to purchase the assets of the Venice Jet Center controlled by Burton Wiand, the Receiver. Our offer was submitted and based on our understanding the Tristate offer was the best offer for the asset. This offer was accepted by the Receiver.
 
This closing of this contemplated transaction still requires approval by the Federal Judge overseeing the receivership and as a result, no assurance can given at this time as to whether the transaction as contemplated will close. In an effort to dispel any further misleading information, I can confirm that, based on what I have read in today's Herald Tribune, that the cash payment of our offer to the Receiver is "multiples higher" than that of any other party. We are also very sophisticated in this type of transaction.
 
As there are multiple parts of the transaction, the assets will be purchased by Tristate Aviation Group of Florida LLC, of which I am the Manager for Tristate. We intend on operating the FBO under Suncoast Aviation Center of Florida LLC under the trade name "Suncoast Air Center “, which are under common ownership by Tristate.
 
Our goal is to return the FBO to good standing in the Community and to work to mend broken fences with the residents of Venice and the City Council. Having the experience of operating FBO’s and being an integral part of numerous communities will allow us to utilize this experience to ease tensions and to the re-development of community relations. As a resident of the area, I am acutely aware of the need to re-establish many disconnected relationships.
 
Assuming the transaction closes as contemplated, our customers will notice a new face, new image and a willingness and desire to bring the aviation business and the attendant positive economic impact back to the forefront of SW Florida and to the residents of our area.
 
Tristate Aviation Group LLC., is comprised of myself Brian Ciambra and Henry Paulino. Collectively, we have over 40 years of combined experience owning and operating Fixed Base Operations, including the management and structuring of the Volo Aviation chain of FBO's across the country.
 
A short bio of each of us is as follows:

Marty Kretchman -­ Marty has worked in aviation within the state of Florida for over 7 years. He is a former corporate pilot, holding a Captain’s rating in Cessna Citation series business jets. Marty transitioned to the FBO management side of corporate aviation in 2004 when the organization employing him in Orlando acquired a facility at their airport. As General Manager of Avion Jet Center. Marty was able to increase market share over the competitor on-field by 40% within the first 12 months.

In early 2008, Marty was recruited as General Manager of Volo Aviation Sarasota. Managing a staff of fifteen Marty has earned the respect of his employees and customers as a solid leader with exceptional attention to customer service.

Marty is Senior Vice President of Tristate Aviation Group LLC.

Brian Ciambra - Brian has over 17 years aviation experience, half of which was spent working with Signature Flight Support, the world¹s largest FBO chain. Within that organization, he held the title of Regional General Manager covering White Plains and LaGuardia in New York and Morristown in New Jersey, some of the largest and most successful operations in their worldwide network.

Brian has more recently served as the Vice President of Operations for Volo Aviation, an FBO venture of Merrill Lynch. He personally oversaw the establishment of the Volo Aviation brand name and the acquisition of five fixed base operators across the country. He was instrumental in creating infrastructure to support and expand these operations on a national level.

Brian is the CEO and President of Tristate Aviation Group LLC.

Henry Paulino - Henry has worked in aviation for over 16 years. He spent 12 years with Signature as General Manager of several of their facilities in the Northeast. Along with Brian, he also worked with an entity known as Skyport Flight Services that acquired a small underutilized FBO in Westchester County, New York in June 2004.

In September of 2007, Henry was hired as Regional General Manager for Volo Aviation. In concert with the location General Managers, he has helped to oversee the operations of five facilities as well as the acquisition of several large clients, leading to multiple long term leases and lucrative returns for Volo and its partners.

Henry is the Chief Operating Officer of Tristate Aviation Group LLC.

Let me be careful to preface. There are still hurdles left to overcome prior to the transaction closing, that may affect whether or not it closes. As such, we are not at liberty to disclose the terms and conditions of the Tristate offer until they become a matter of public record, which we hope will be in the near future.

--Marty Kretchman,
Vice President, The Tristate Group, LLC
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Sunday, November 8, 2009

Hizzoner to Wiand: Thank you for adding more bulls**t to the pile

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The following is a guest column that Mayor Ed Martin has submitted to various news outlets. The column is in response to attorney Burton Wiand's letter of November 6, which, among other things, falsely accused the city of making a disingenuous offer to buy the Venice Jet Center.

Before you read Hizzoner's column below, it would be helpful for you to know (you will not believe this at first, but it is true) (and I'm going to shout it for the idiots at the printed papers who seem to have taken some serious hallucinogens) the following:

THE CITY NEVER, EVER, EVER OFFERED TO BUY THE VENICE JET CENTER. IT DIDN'T HAPPEN. THE NEWSPAPERS ARE LYING TO YOU WHEN THEY SAY THE CITY DID MAKE AN OFFER OR THAT THE CITY DID TRY TO BUY THE JET CENTER.

I challenge anyone in the print media to come up with ANY document that is anything more than a general inquiry about the possibility of buying the Jet Center, those inquiries based on an amatuerish offer posed by Jet Center manager Roger Jernigan in what appears to be a desperate attempt to save his job by trying to get an owner that would be dumb enough to keep him on.

OK? Comprendé, amigo?

The rest of this text, below, is the mayor's column (edited slightly by me for style and a couple of punctuation errors). I wrote the headline, so blame me for that.

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Hizzoner to Wiand: Thank you for adding more bulls**t to the pile
a column by Mayor Ed Martin, 11/07/09

The city council has never made an offer of any kind to purchase the Jet Center. No vote to do so has even been presented. Citizens proposed the idea and at least one council member expressed interest. No majority sentiment has ever been tested.

Roger Jernigan of the Jet Center called City Manager Isaac Turner and told him that the receiver would entertain an offer that provided $1.9 million to pay off a bank loan on the current facility, plus $1 million to compensate people allegedly cheated by Arthur Nadel.

The city did not entertain this offer, responding to Mr. Wiand, the “Receiver,” asking him for a formal offer, in writing. No response was forthcoming until the letter from Wiand, November 6. It said that he had an agreement in principle to purchase the lease.

Because the bidding process the Receiver was using required confidentiality on the part of the bidders for them to see the financial records of the Jet Center, the city could not possibly be engaged in that process because of Sunshine Law stipulations. So no action was contemplated nor taken by council. No “due diligence” would have been possible.

Council authorized Turner and attorneys representing the city to meet with Wiand to offer to settle the dispute about the Jet Center’s application to build four hangers.

At that meeting, Turner offered to allow the four hangers to be built. In exchange, the city asked that the receiver/owner would move the four hangers to a site further from Airport Avenue and nearby residences [to a site] already approved by the FAA for future hanger development. The current site under dispute is marked for a “terminal” and “apron,” not for hangers.

The city offered to pay all costs to extend utilities to the new hanger site.

The city offered to give the receiver $130,000 a sum approximating the rent paid previously on a five-acre site east of the disputed property that is not now scheduled for construction.

The offerings were legitimate offerings and our attorneys were there so that any counter-offers could be analyzed and recommendations brought to council for final approval.

Wiand never responded to this offer and did not reply to two follow-up, phone calls from Turner. His statements about this offer in the letter and in the Part 16 filings are deliberately misleading--they were bona fide offers.

Speaking for myself, my impressions are that if Wiand has a viable offer and the purchaser meets the city’s financial review of the ability to build the hangars, I would not oppose that action. I stated this at the last council meeting. I anticipate a majority approval, but that remains to be seen.

I would ask the city manager and city attorney to see if the new lessee would agree to moving the hangars consistent with our offer to Wiand. The noise and air pollution effects on the neighbors would be positive from such a move. The airport, although saddled with a lease for the Jet Center that does not provide increased revenues from any and all new hangers on the site, would still receive revenues from the lessee under current terms.

It is council's stated intention that leases in the future will be more favorable to the airport.

--Ed Martin, 11/07/09

Saturday, November 7, 2009

BREAKING -- Airport Manager Watts arrested

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Airport Manager Fred Watts (right, from booking photo) was arrested this morning, charged with one count of domestic battery.

No bond has been set.

This story is developing.

Friday, November 6, 2009

Nadel receiver Wiand to city: I have a buyer, now FOAD; Mayor Martin, Wiand exchange accusations of bargaining in bad faith

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Burton Wiand, the attorney appointed by a federal judge to act as receiver for Art Nadel and the Venice Jet Center, claims that he has a buyer for the Venice Jet Center.

In a letter faxed to the city earlier today (2 pages, PDF), Wiand attacked the city's offer to purchase the center as "disingenuous."

"Given this situation, it is my conclusion that the City has never made any proposals in good faith or had any good faith discussions with me.... For months the city has had every opportunity to negotiate in good faith it [sic] there was any genuine interest in the Jet Center... The city's lack of good faith in this matter and the continued sending of self-serving disingenuous letters has not been persuasive and will not move this matter forward. I have reached agreement in principle with a purchaser for the Jet Center and that purchase agreement will be presented to the United States District Court in the immediate future...."

Wiand concluded his rant on a particularly snarky note: "Thank you for your letter of October 26."

Reached by phone, Mayor Ed Martin called the letter "offensive and not an accurate portrayal."

"[City Manager Isaac] Turner and Tom Devine [an attorney hired by the city to handle Wiand's Part 16 complaint] met with Wiand. Turner laid out very specifically that we would approve the hangars if they agreed to move them out to the area designated for hangar development, and we in turn would pay the cost for moving utilities to that site.

"Turner also told him [that] we would give them $130,000 in back rent to replace the rent they had paid on the portion that they had not developed. We anticipated he [Wiand] would get back to us. We never heard from him. Then in the part 16 proceedings, he claims that we had not bargained in good faith."

Wiand's description of a "sub-rosa meeting," meaning, apparently, a secret meeting that Wiand had been invited to and that he had attended (eh?), was cause for further ire from the mayor: "I don't know why he would describe a meeting with him as secret. Turner had the attorney present so if there were any details that needed to be negotiated, they could be discussed and brought back before council with the attorney's recommendations. Wiand has never given us the courtesy of replying until now and Mr. Turner had since called him at least twice to get his reactions and had received no reply."

At the last council meeting on October 26, council had discussed that they had been waiting for some time a response from Wiand on the city's offer to purchase the Jet Center. Councilman John Simmonds stated factually that he knew that Wiand would turn down the city's offer as Wiand felt that the city was taking too long on some issues.

Martin stated that nobody could read the man's mind, then asked Simmonds if he had talked to Wiand. Simmonds stumbled a bit, then denied having any contact with Wiand.

Nevertheless, Simmonds, apparently by psychic powers, correctly predicted almost exactly  what Wiand's response would be.

Martin stated he would meet with Turner and the city attorney to see what options are still available to the city.

Want to write here? Let us know

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This portion of the site can host up to 100 different local writers. What gets written here gets read.

What that means is that now, anyone local who wants to become a contributor to Venice Florida! dot com can... with a few caveats.

We're not talking about posting comments. We mean full articles with a headline, byline, and your photos if wanted.

You can write about anything as long as it is Venice-related and will be of some some interest to any portion of the Venice community or to outsiders reading about Venice. You do not necessarily have to live within the city limits or think about Venice in those terms -- this can be more about the south county area.

You have to author your articles under your real name. You will be able to edit your own blog articles. You post them yourself using an amazingly easy publish function on this site.

We'll be changing the site title banner graphic to something a bit more appropriate for the open style. Any suggestions?

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Want to join and become a writer for Venice's best read web site? Write to send an email to jpatten@veniceflorida.com, tell us your REAL name, a brief (one or two sentences) description of what you initially want to write about (you can always write about different stuff later), your phone number so that we can contact you in the future for any questions about contents in future articles posted and that's about it.

Wednesday, November 4, 2009

Election 2009: Batshiat Crazy Harry nearly pulls it off, Bennett barely stumbles into office; Thuggery beats incompetence in Carlesimo win

This was easily the weirdest local election I have EVER witnessed or covered.

There ain't no good guys. There were a lot of bad guys (apologies to Dave Mason, wherever you are).

For the record, I stated weeks ago that my prediction was that Emilio Carlesimo would win handily and that Jim Bennett would squeek by. I told Carlesimo as much at the VASI forum three or four weeks back. I've said it to numerous others as well. My numbers were a bit off, though. I stated Carlesimo would get approximately 70% of the vote (he ended up getting 61%), and I thought Bennett would win by a bigger margin than 139 votes -- that still astounds me.

I knew that Batshiat Crazy Harry Walia's mugshot would cause his campaign hopes to come to a screeching halt. As soon as I posted that picture, Walia should have stepped down -- he should have known that his campaign would end in flames and twisted wreckage. In spite of the close call this time, he stands zero chance of a comeback next year.

I didn't print my predictions for the same reason that I never have before: such prognostication in print within such a small electorate will invariably influence the result in unpredictable ways. It's the same in physics: mere observation and prediction alters the observed in measurable, but unpredictable, ways.

Bennett won, not because he ran a successful campaign -- he didn't. Both he and Ted Koszarski ran campaigns that could be best described as totally gay. Carlesimo and Walia exuded confidence, machismo, testosterone, a can-do approach. Both men knew how to work a crowd as intuitively as a carnival's best huckster knows how to talk the local schoolgirls out of their knickers, while Bennett and Koszarski came off as limp-wristed effeminites trying to host a drag tea dance.

The ONLY reason that Bennett won was because Walia was and is an incredibly duplicitous fiend and there was a wealth of paperwork to show it. Once the paperwork started slowly flowing from this web site to the public, it was too late for Walia -- there was no way to stop the fatal hemorrhaging, but he and his supporters tried to stop me anyway: I was involved in two altercations (one with a fellow journalist), received numerous threats of lawsuits, and one death threat. It's a personal best for a single election season.

Walia raised some $40,000 by October 29, a new record for a Venice council election, which means he spent $16.00 for each vote that he received. In contrast, Bennett raised almost $6,000, which means he spent around $2.40 for each vote that he received.

Last year, Emilio Carlesimo was thug extraordinaire. As the then-president of the MacArthur Beach and Racquet Club condominium association, he was involved in the ousting of 73-year-old Charlotte McGowan from her home because she did not trust the condo board or the condo management with a key to her unit. There's more to it than that -- the board wanted to rip out some of her internal walls so her upstairs neighbor could have a washer and dryer rather than use the community laundry two doors down. McGowan had just had her place remodeled. The fight was on.

While Carlesimo and MacArthur Beach management claimed they were playing fair, the legal record showed that they had played hide the paperwork by denying her access to condo board minutes and such, and that the hired help had been harrassing McGowan. Of course that was denied, but then the following post appeared on this web site on November 5, 2008 from someone posing as "realtor:"

"The papers did not pick up on those false stories from the 93 yr old lady because shes not telling the truth. The papers did their homework! You like talking to and listening to a ugly iside and out vindictive gas bag that lost in court. Nobody cares but a T.M.Z. wanna be like you. Your not man enough to keep this on here!!! DO your homework. [all errors sic]"

McGowan's attorney subpoened the ISP. It turned out that the above post came from the home internet account of a Tom Obermeier. He's not a realtor at all, but he was the property manager at MacArthur Beach at the time. McGowan described him as a resident terrorist who once tried to kick down her door. McGowan told me she was terrified of Obermeier. My nose and a whole lot of documented evidence had me leaning heavily towards believing McGowan. The later revelation that it was Obermeier that made that post on this site's message board confirmed to me that McGowan's assessment of Obermeier as a thug was spot on.

Obermeier later admitted to me that he had made the post and stated that he had Carlesimo's permission, as Obermeier had made the post on his own time from his home computer. Carlesimo didn't deny it when asked -- he shrugged and walked away.

When all of this started coming out on this web site (Obermeier's full involvement wasn't known yet), it ultimately cost Carlesimo the election to city council. Carlesimo lost handily to Kit McKeon in November of last year.

Meanwhile, this web site continued to broadcast McGowan's plight in an appeal to the MacArthur Beach board to show some sense of fairness. In spite of the obvious injustice, MacArthur Beach continued to treat McGowan like she was living in a banana republic.

Curiously, Obermeier still has his job.

Earlier this year, Carlesimo was ousted from the MacArthur Beach board, probably because of reports from this web site. It looked like Carlesimo was politically done and toasted. He plodded on, worked like a dogged madman, and campaigned hard to get onto Venice City Council.

Meanwhile McGowan was rapidly running out of money due to ongoing legal fees. She eventually lost her legal battle with MacArthur Beach due to economic attrition -- they outspent her, a guaranteed winning strategy. It didn't help that her attorney, Kerry Mack, turned the case over to Mack's attorney daughter, who reportedly struggled with coming up to speed on the case in the courtroom at McGowan's expense. The younger attorney took a near-guaranteed legal winner and plopped it into the toilet, and thus McGowan's life and home were flushed.

McGowan lost, with Judge Bennett curiously ruling that state condo laws obligate McGowan to turn over a copy of her house key to Tom Obermeier, in spite of the fact that no such state law actually exists. No such rule was in the condo association's docs, either, but without the ability to appeal, Bennett's ruling became law.

Bennett also awarded legal fees to MacArthur Beach, meaning McGowan would have to reimburse the condo association. In a sad irony, McGowan stated to me that MacArthur Beach was earning such a bad PR reputation in the real estate market that, coupled with the downturn in real estate, it was impossible for McGowan to sell her place. Well, who would want to move in once they had read about the board and the management there?

So now, according to what Carlesimo told me on this year's campaign trail, MacArthur Beach is readying to slap a lien on McGowan's condo in the first move to foreclose and take ownership, only they can't find her.

A few months back, McGowan called me up. She knew that she was going to end up homeless, so she was packing up to move out to Yosemite National Park, where she had had many happy experiences earlier in life.

McGowan sounded totally crushed. Nobody locally has heard from her since. Calls made by me to Yosemite have turned up nothing.

Carlesimo always insisted that McGowan was a crazy old woman. I met McGowan a few times. I found her to be sane, highly intelligent, but a bit goofy, and definitely cantankerous.

From MacArthur Beach's and Carlesimo's point of view, they have done a good thing: they have driven a dangerous crazy woman from their posh community.

My take is that MacArthur Beach is apparently a good place to move out of and not a good place to move into. Be careful, those who still live there -- if your mind slips a few notches, these predators will take you down and eviscerate you like a pride of lions on a lame gazelle. They kept this manager after all.

Still, in this year's campaign, Carlesimo proved himself to be predatory and competent, two things that Ted Koszarski, his opponent, could not successfully claim to be. If there was ever a more incompetent campaign run in local politics here, I can't remember one. Helen Jean Wilson's campaign from quite a few years back comes close.

Competent and predatory won out. Maybe that's a good thing. Maybe, just maybe, Carlesimo will turn out to be a decent councilman. If he does, we all win. If he turns out to be evil, it can only make Martin, Lang & Co. look good. So either way, Carlesimo can't hurt the town.

However -- if Ted Koszarski had a disastrous first year while working the learning curve, Martin, Lang & Co. would pay the price, as Ed Martin, Sue Lang, and Ernie Zavodnyik are all up for re-election next November.

So, with apologies to Koszarski, his campaign was a campaign full of fail right from the start. One could blame the print media and not be entirely wrong. The Gondolier was living way out in the land of biased fiction to give praise to Carlesimo, while the Herald-Tribune did not cover the race with any greater degree of accuracy. Neither paper has ever printed the name "Charlotte McGowan" which means many of you never saw that side of Carlesimo unless you read my back articles from last year.

The Gondolier endorsed Carlesimo but refused to make any endorsement in the Jim Bennett / Harry Walia race. The Herald-Tribune didn't endorse anyone in either race -- instead they took pot shots at Bennett and Koszarski while refusing to even look at the background records of any of the four candidates until I started slamming their foreheads into a pile of legal papers.

A few days before the election, Kim Hackett finally decided to take a closer look at what I was writing about Walia, probably in an attempt to slam me down. She finally admitted, after looking closely, that I had been right all along: Walia really is a total nutjob who needed elongated sleeves, large quantities of Thorazine in his bloodstream, and some quality time in a rubber room.

By then it was almost too late: both papers had been solidly praising Walia. Giles at the Gondo alternately lied in print about the nature of Walia's legal problems while accusing both the existing court records and myself of lying about Walia. Eric Ernst at the Herald-Trib wrote that it was racist to point out that Walia had been using two names when Walia was falsely claiming to have used only one all along.

Meanwhile, Venice Florida! dot com took the exact opposite approach as the Gondo: this site tacitly supported Bennett by showing up Walia as the slimey amoral horrorshow that he turned out to be, this in spite of outright fabrications pushed by print media about what a great maverick businessman he was supposed to be. At the same time, this site made no implicit endorsement or journalistic inroad into the Carlesimo / Koszarski race because, when it came down to it, neither candidate was endorsable.

This election better give Martin, Lang & Co. pause for reflection. Their campaign needs to begin today, which I told Lang, only she doesn't seem to believe it. Koszarski was creamed, a statement against Martin, Lang, & Co. that they need to pay strong attention to: this was a violent attack on their existence as much as on Koszarski.

The fact that a pathologic and psychotic lunatic lost by only 139 votes says something else: Bennett has no mandate and half of Venice voters found a clone of Idi Amin to be preferable to another egghead drone from the Ed Martin College of Political Diplomacy.

On the record, I asked Ed Martin, Sue Lang, and Ernie Zavodnyik last night if each of them were running for re-election in 2010. Lang said yes, Martin and Zavodnyik both said maybe, with Martin spitting out some gobbledegook political phrasing about a need to "take the pulse of the people." Apparently, he needs a stethoscope to read this year's election numbers.

Ed, Sue, Ernie: You guys have one year from today to figure out all that you have done wrong, somehow correct it, and figure out a way to bypass the newspapers in getting your message out. Otherwise you are doomed and you will take us all down with you.

An open letter to Earl Midlam

REF: Campaign takes a wierd turn

Dear Earl Midlam, you reeky boil-brained maggot-pie:

You are currently upset because you claim that you saw the mayor uproot a sign that you admit was illegally placed.

Read that sentence again, you unmuzzled sheep-biting lewdster.

The mayor told me that he found the sign upside down in the bushes, somehow that was mistranslated by the Gondo into "Martin said he came across a face-down sign," which, of course, is unbelievable as the signs are printed on both sides. That is, of course, why the Gondo, a two-ply rag published by a beslubbering unchin-snouted wagtail, deliberately misquoted the Mayor.

Tuesday, November 3, 2009

Herald-Trib takes money, fails to run Bennett / Koszarski ads

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Election ads for Venice City Council candidates Jim Bennett and Ted Koszarski that were bought and paid for, and submitted before the deadlines, were dropped by the Herald-Tribune with no explanation. The ads were to run in yesterday's and today's newspapers. The election takes place today with polls open until 7:00 pm.

The Herald-Trib did manage to successfully run ads for Walia and Carlesimo.

Reportedly the Herald-Trib has promised to make good on the Bennett and Koszarski ads by running them all tomorrow -- the day AFTER the election.

Walia, Carlesimo supporters dog Koszarski, con cops and Hackett at Herald-Trib

This past weekend, Walia supporters plastered Publix parking lots with Walia signs (pix below).

On Sunday evening, I asked the assistant manager on duty at the Publix on the island if Walia had received permission to place the signs, I was told no, that the signs had just appeared. He even walked around the parking lot with me, pointing them out. Then he left them where they were (about a dozen, maybe more) and went back in to the store.

Roughly half of the signs were in between the sidewalk and the street, meaning they were illegally on city property (municipal land).

Without my asking, he graciously gave me permission to take photos of the Walia signs at the edge of the parkinglot as long as I didn't include any Publix logos in my photos. I graciously thanked him and told him he couldn't prevent me from taking any photos I wanted in an open air public place.

Then comes this story from Kim Hackett, who was successfully lobbied by Ed Taylor (outgoing first lady to Council Member Vicki Taylor) to post a story about an evil Ted Koszarski handing out flyers at the off-island Publix on Venice Avenue.




Monday, November 2, 2009

Republican Walia supporter issues death threat to Venice Florida! dot com's Patten

Here's the latest retard to climb aboard the crowded Walia special bus
Meet Ken Hansraj (photo at right), aka Dr. Kenneth K. Hansraj, a spine doctor from upstate New York. He's been a friend and supporter of Batshiat Crazy Harry Walia, and now he's become an amateur cyber-terrorist.

In his spare time, when he's not making an ass of himself on the web, Hansraj is a surgeon at a spinal surgery center in Poughkeepsie, The Special Spine Institute.

Hansraj took a strong dislike to my coverage of Batshiat Crazy Harry's campaign for elected bullydom here in Venice. Hansraj was so enraged that I would diss his fellow countryman that he posted on the message board that I was a racist.

For that, he was instantly banned.

He attempted to make some twenty other posts along the same line, but once you call me a racist, you have pretty much lost the right to talk to me.

When he discovered he was not going to be allowed to spam-bomb the site, Hansraj became unhappy. So unhappy, in fact, that he attempted to post the first (and lesser) of two electronic threats to my life, this in a bottom-of-page post below this article about Batshiat Crazy Harry. There, the physician wrote, "The law of karma dictates that [Patten] has a stroke and dies." Due to the comedy value in the inanity of the post, it was allowed to be published to the page.

That made me immediately wonder how the AMA and the New York medical boards would feel about a physician openly wishing a stroke and subsequent death upon another human being. I wrote as much online.

That apparently only enraged Hansraj even further. An email was sent yesterday from Hansraj's AOL account to both Batshiat Crazy Harry and myself, and this time Hansraj appears to have stepped over the legal line: "...it has been my observation that BAD KARMA may end in sudden death, God's laws."

Full routing code and text of the email is below.

Well, Ken, I don't know who or what your god is at the Fundie Hindu Temple of God-Let-Me-Kill-That-Guy-Because-He-Looked-At-Me-In-A-Funny-Way, nor can I tell you about your particular god's apparently wacko laws regarding retribution for basic news reporting, but I can tell you about the laws of man, particularly the laws involving making death threats by electronic means: It's a felony in most states, it's a felony in Florida, and it is a felony violation of federal law governing interstate electronic communications. I'd be amazed if it wasn't a felony in New York. In fact, you have motivate me to find out. I'm waiting for 8:00 AM to roll around so I can give the Poughkeepsie Police Department a call.

A few weeks back, Walia supporter and local Republican nutbasket Cynthia Crowe sent an email stating she was coming for me. Thankfully, the aging bovine battle-axe did not have romance on her mind, as within days of sending the email, Crowe took a swing at me at a local candidate forum. This was followed by a trip to the Venice Police station where Crowe and Walia stated that they wanted me arrested because my chest hurt her fist. The cops told the pair not to go away mad, but just to go away.

Here's the full text of Hansraj's email as sent to both Batshiat Crazy and myself at 1:21 PM, EST on 11/01/09. Source and full header code follows the text.

Dear Harry
John Patten is not a fair reporter.
Not only is he not fair, he is using the media only against you.
Besides being ugly and fat (which I pointed out was the only crime that he found in one blog) He is also a dim-wit. I took him down many times, but he deleted it.
For example when he told me to GFY (Go F**k Yourself), I blogged back that"does this mean that God Feels for You? Ha Ha
But he is unfair in that HE REMOVES ANY COMMENT THAT IS POSITIVE TO YOU.
I WOULD SUE HIM AND INVESTIGATE HIM
Have your attorneys investigate if the owners of the media gave hime permission to allow only negatives about you.
If you do nothing, it has been my observation that BAD KARMA may end in sudden death, God's laws.
Ken Hansraj

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(photo credit: Ken Hansraj, from specialspine.com, used under Fair Use guidelines)