Posted by pancho from pool0319.cvx24-bradley.dialup.earthlink.net (126.96.36.199) on Sunday, January 12, 2003 at 5:31PM :
-------- Original Message --------
Subject: Follow Up Re: Fred Parhad Case
Date: Wed, 15 May 2002 13:30:34 EDT
May 15, 2002 Delivered Via Email Only
Dear Mr. Atto:
Thank you for your response and the clarification of your position.
First, A note on the issue of "jurisdiction" in California. I am an
attorney. I can argue "International Shoe" factors with the best of them.
(International Shoe is one of the most important cases on jurisdiction. It
spells out the outline of the "minimum contacts" standard.) I am also very
involved in high tech law and fully aware of the challenges the Internet has
created for courts. You will find that if you pay an attorney good money and
they do careful research, they will be able to present a very good case for
why you should not be in court in California. There are many instances where
website postings, etc. were not enough to establish jurisdiction. However,
though you don't see them in the headlines, because they very rarely get
appealed, there are many more cases where jurisdiction is upheld.
I can present a very good case why you should be drawn into this case.
First, it is a case primarily about Fred Parhad who is decidedly in
California. Your relationship to Fred Parhad, and your role in his website
is what the case against you will be about. Also, as background, this is not
a matter of "innocent until proven guilty." It is a civil case which will
focus first on discovery of the facts - for now it is enough to simply
believe them to be true. Ultimately, although the burden of proof is indeed
on Ms. Bejan, if a majority of the members of the jury are 51% convinced that
you were involved in any of the critical matters in this case, then judgment
will issue against you.
++++Okay...the rest was nice and impressive and all that...we get to the meat with "critical matters". If Jeff had any hand whatsoever in manufacturing anything about Jckie that used, believing it to be true...if he did anything at all to materially help me in my nefarious plot to ruin a good woman...he MIGHT be accountable...in Michigan. All Jeff did was help me set the site up...my son knows as much as Jeff does.,..and what we do on this forum is very basic elemantary stuff, my Dear Leauthold...nothing requiring any great technical skills...in other words, things that could have been just easily done without Jeff. Furthermore, you can't very well sue the person who prints the paper or makes the ink someone else uses to "deflame" someone...where would it end?
+++Also...there is nothing but his conjecture that Jeff actually did anything besides create archives for ALL the posts...from the beginning. Jeff had no way of knowing the things I was archiving MIGHT be defamatory...you need some "intent"...but it's a good try...no one said Jackie wouldn't hire the best.
However, that aside, the real reason you are sued is not to try to collect
damages from you. It is to give the court power to issue injunctive orders
governing your future conduct - i.e. what you do with archives and backups
you may have. For example, Fred keeps threatening to make the site appear on
a host in a foreign country. If (and I am only speaking hypothetically
here), you were to be ordered by the court not to participate in any way in
such a process, and if it was later determined that you did so, then the
court would have the power to hold you in contempt.
+++If If If...if pigs had wings Jackie wouldn't need an entire airport to lift her off the ground. Jeff wouldn't have to "participate" in any way...all he'd have to do is go get a hamburger and a shake...and let me take my own friggin files and stick them where I want to...fer chrissakes any 13 year old kid can do this stuff.
This is not impossible.
In fact, it happens with some regularity in defamation cases involving the
+++Naturally, as he gets paid to...he believes I defamed Jackie...I didn't. The one thing he wont ever mention, unless you paid him to, is that telling the truth is the best, indeed, the only, defense against any charge of defamation...and I did just that.
Second, I am wholly unconvinced by your denials of involvement with the site.
(Though I understand them perfectly in light of our adversarial positions.)
Over the past several months I have watched Fred address you, and you reply,
as "gnome." I have seen Fred's pleas for help on subjects ranging from
administration to email. You added the counter. You create the archives
when the site becomes unwieldy. And much more. Over time, you engineered
the entire redesign of the site. I am aware of how limited Fred's computer
and 'net skills are, and I am pretty confident in saying that but for your
help, the site would either not exist at all or not exist in anything near
its current form.
+++It would still exist...and in BETTER form. He could hjave noticed that Jeff is in school and working and doesn't have that much time to devote...besides which the "design" of this site is hardly great shakes...and furthermore the site was never set up, or intended as a "FLAMBEAU JACKIE'S ASS" site. It was set up as a forum and art gallery...the fact that I began adding posts about Jackie isn't Jeff's doing and whatever duties Shawn imagines Jeff has here...they had nothing to do with the actual posts...besides which I also had my son do some of the work...and I did the rest myself...big deal. It's a trick...a nice one...but a trick nonetheless...the real purpose of which is to scare Jeff away.
+++I alarmed the shit out of Jackie once by telling her of my one real, true bona fide talent...something she thought she was the best at...SURPRISE!!! "Oh you are NOT"...was her nervous reply..".oh yes I YAM lady"!
Perhaps I give you too much credit, but that's how Jackie
and I see it, pending formal discovery processes in the litigation.
I know that you have rarely posted anything which can be seen as an attack on
Ms. Bejan. Frankly, that's why were talking and she and I would like to work
things out with you.
Fred has used your technical skills and time to give himself a platform to
speak (and to defame). In the past, he used Jackie's money and her
connections to move figurines, support himself and (he hoped) get his
+++That Fred...what a rat bastard! Fred wouldn't move HER firgurine around!
Fred is an expert at appearing "needy" and getting people to help him with
his agenda. Sadly, that agenda has moved from creating art and working with
the people who can help him get it financed and installed, to attacking
individuals in the crudest terms and the lowest way by sniping on the
Internet. We all make compromises in life about who we work with to pay the
bills and move through life - except Fred, because he's a great artist, after
+++Thank you...never thought you noticed.
Look around. Without running down the long list of names of people who are
Fred's "enemies" (in his mind), you will find that every one of them began by
trying to work with him or help him - until something happened to displease
++++Oh please...Jackie started out Jeff's sister and dear kisser and darling till what? No one "helped" me...not the people he's thinking of...they helped themselves and got pissed when I finally stopped them. They all got excellent good deals on their sculpture.
Now their names are posted and they are abused on a nearly daily basis
on Fred's site.
+++Their names are posted because that's the way it should be...people shouldn't do in the dark, what they are ashamed of in the day.
Can you imagine how ugly and uncivilized the world and the 'net would be if
everyone had nothing better to do than sit in a coffee shop making snide and
cutting comments and complaining about everyone who had wronged them in the
last several years? Luckily, the law (and hosting policies) do prohibit
+++There you go again...I did NOT defame the woman...I spoke the truth as I experienced it...I know her a lot better than you do...had she not paid YOU you wouldn't be explaining her away now in such noble terms. If you screw someone...and the person tells people of what you did...as ugly as it is, and as much as you're shocked and disturbed to have it known...it was YOUR doing...it is no crime to tell ugly truths...no slander or defecation on Jackie's defecatious character to say it stinks.
and most people respect the rules either because of their own
respect for themselves or because they simply do not have the time on their
hands to engage in such childishness.
+++I respect the right of the people who supported my work...and my own right to be allowed to do the work as I see fit...and not be forced to submit to a woman for pay.,..which you make a habit of doing...as a profession no less...and I respect the truth, telling it and standing up to it no matter what you, and she, try to scare us with.
+++A man who hires out shouldn't get too uppity. You are as much an endorser of a product as any shill on the tube...you are a paid spokesperson for Jackie Bejan Inc...who's been told only what he needs to appear "honest"...and is content it should be that way...you hardly now the truth of any of this...and it isn't your place to find out...that's for the jury.
You do need to choose a side and the side you choose may well dictate much of
your future path. You can continue to talk to me and Ms. Bejan about what
she needs in terms of your promise to no longer be a party to Fred's personal
attacks online. This path minimizes the need for attorneys and conflict in
the short term. In the long term it shows a maturity that I believe you have
- to decide that it is more likely that you can do things to integrate your
heritage into your future by keeping open the lines of communication with the
heads of the AANF, ZOWAA, the San Jose association, rich ex-senators who
clearly need people to improve and carry forward their library projects, and
+++Oh the delicious slime. These guys are so far gone they can't see it themselves...has to be that way...how do they get like this?
Sure those people have other jobs and personal agendas. Everyone
does. Or you can align your fortunes with a sculptor who showed good drive
and promise, but who manages to alienate every person he has ever worked with
+++Except Jeff, apparently. Or Narsai...whatever lies Jackie told her club...which will also come out at trial.
and who has devolved at the age of 60 to sexually harassing Alli
off his mother
+++To a white assed guy like yourself our culture would seem strange to you. It's true I have had to be helped by my family...as I have done and would do for them...as we do for each other...unlike you who send your parents AND children off to institutions so they don't interfere with that lifestyle the whole world is envious off. Blow it up somewhere else.
and sniping on the Internet. Fred hasn't noticed, but he
doesn't even produce art anymore.
+++Fred has noticed that his income has all but disappeared after working for years to get to a point where as an Assyrian artist, a professional one, he'd just gotten to the point where he could support his family...he DID notice that. It puts a dent on your creative output. I can't chase ambulances...I have to give real value, several times over, to earn MY money.
He destroys it so he can take pictures,
post to the Internet and complain.
Unless things change dramatically Fred's never going to find supporters for
his Lamasu project. Who among those with the money and power to help him is
going to take the risk now that they've seen what happened to Atour, Janey,
Jackie and others who worked on the Shumirum and the Hammurabi? The Lamasu
project won't fail because Jackie Bejan kills it. It will fail because Fred
has stopped being an artist and instead spends his time criticizing Jews,
Christians, Muslims, leaders, followers, art councils, lawyers, judges,
inferior artists, other webmasters and whatever else pops into his mind over
coffee. In conclusion, Fred isn't an artist any longer, he's a critic, in
the most literal and worst sense of that word.
+++Like you would know. Express a sentiment sometime you AREN'T paid for.
We all facilitate Fred. Jackie by existing as a successful, powerful woman
who crossed Fred. Me by prosecuting a lawsuit to stop Fred from calling her
"The Armenian Cunt of Assyria" (Jackie's not a woman scorned, she's a human
being who's justifiably angry). You by posting to the site (which distracts
Fred from art) and further by providing technical help.
Again, because you have not sniped at Jackie, and because your help to Fred
has only been technical, I think we can work things out in a positive manner
without jurisdictional fights and courtroom battles. Officially, you have 40
days from the date I mailed the Summons (not the 30 days indicated for
personal service). I can further extend that time briefly, in writing, by
the power granted to me by the court, and I will do so if we are making
progress. I am aware you are a student with limited resources and I
sincerely hope we can reach resolution before you have to incur further fees
Please think about everything I have written. Then you must pick a side.
Shawn T. Leuthold
Attorney to Jacklin Bejan
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