Saturday, February 28, 2015

The Diarrhea Blues



In support of the recent Hoboken Reporter article: "Hoboken blogger case dismissed after it fails to cross high threshhold for defamation"  GA is posting the above certification filed by Plaintiff in Bajardi v Pincus.   Included are Plaintiff's claims for "intentional infliction of emotional distress"-  Paragraph 7.

The editor of the Hoboken Reporter was correct; the threshold for defamation is too high for damages like diarrhea, nausea and a debilitating sense of dread.

GA agrees that every American who's caught diarrhea online deserves their day in court and $2,000,000, because one man's gastrointestinal distress is another's Hiroshima.   In fact, GA is thinking of suing the curry I made last night.  So does that mean I owe myself $2,000,000?

Damages: I charge per polyp
No problem!  I'll write me a check!

What if the "threshold of defamation" were lowered as the Hoboken Reporter seems to suggest it should be?  Could our busy courts accommodate a stampede of litigious loose bowels?  

Perhaps a wing could be added to 595 Newark Street called "Montezuma's Annex," equipped with extra bathrooms and mops.  If that doesn't work for the volume of cash-seeking, gastrointestinally-distressed Plaintiffs, perhaps a new courthouse would have to be built: "The Large Intestinal Superior Court of Hudson County."

Makes sense.   Like The Hoboken Reporter, GA feels the "threshold of defamation" is way too high; it excludes crackpots, drama queens and fakes. Yep, everyone deserves their day in court, no matter what the legal costs are to the ones who traumatized your bowels.

Time to pay up.


Friday, February 27, 2015

How did James Barracato obtain the Mayor's "60,000 emails"?

It Takes a Thief  aired on ABC for three seasons between January 9, 1968, and March 24, 1970.

Folks, I don't have the answer.

GA believes there can be two possible sources:
  1. One of the parties directly involved in the hospital sale ("leaked").
  2. The mayor's email account ("diverted")
One thing is certain.  No matter how 60,000 of the Mayor/HMHA's emails came to be in the hands of  Mason's "business partner" James Barracato,  he was not an "authorized recipient" of those emails.  Further, the email exhibits produced in Bajardi v Pincus,  demonstrate that Barracato and others who knew he possessed the improperly obtained emails (and did nothing) wished to use them to undermine the sale of the hospital to the single viable bidder, Holdco.

GA believes an investigation is warranted; questions need to be answered.

Who gave Barracato the 60,000 emails which Mason's "business partner" then gave to The Hoboken Reporter one month before the hospital sale closed?  Was the confidentiality agreement between parties illegally breached to undermine the successful sale of a public asset or were emails "diverted" from the Mayor?  60,000 is a lot of email; it would seem to span a period of months, if not years; the City's effort to sell the hospital began in (at least) 2010.

These are questions which GA believes need answers.

According to Barracato's braggadocio these 60,000 improperly obtained emails and the "shit" in them are rockets to launch at the Zimmer administration:


That was October 9, 2011.

Sometime prior to October 30, 2011, Barracato, the "shit"- peddler,  brought the "shit" on a disk to the Malibu Diner and gave it to reporter Ray Smith


Much to the consternation of the "shit"-peddler's associates, Smith's story was "sympathetic."

Boo-hoo.

In other words, the trafficking of 60,000 improperly obtained emails during the sale of the hospital did not produce the "shit"-peddler's desired result.

Thank goodness for Hoboken.

Now, what happened and how does Hoboken prevent it from happening again?  That is why this needs to be investigated.

Thursday, February 26, 2015

Mayor Zimmer: Barracato not an "authorized recipient" of her 60,000 emails with Hospital Buyer

Horsey, who has just posted one of the emails returned by Plaintiffs in discovery, wrote:
"No one interviewed by MSV on the former HMHA board would agree that obtaining the 60,000 emails in October 2011 was public or legally available."
That includes Mayor Zimmer, who provided this certification for my  "Motion to Grant Permission to Subpoena Dave Unger, James Barracato and Ray Smith for “60,000 Emails on Disk” Between HMHA/Mayor Zimmer and the Buyer of Hoboken University Medical Center."




For clarification, the purpose of the subpoenas requested is explained in the brief supporting my motion.    Note, I was pro se for 17 months (without attorney, defending myself), hence my name on the brief, and dearth of legal mumbo-jumbo. 

Beth's Alleged "Giggling" Bagman

GA would like to thank Joe Branco for singing to The Horse, albeit a couple of years late. GA finds that very curious, but... first things first.

Rabbi Rob Scheinberg
Remember the Nazi Truck, deployed by the Move Forward campaign in the 2012 BoE election?   It played a video on 5 giant screens; the video  falsely stated I was the Kids First Graphic Designer, publicized allegations in Lane and Kim Cardinal Bajardi's newly-filed defamation suit, and interspersed my image with swastikas. It had a blaring audio, to boot.

Oh yeah; 5 days before the Nazi truck appeared, thousands of midnight flyers blanketed our city with my name and photo, attacking me with the same allegations that were to appear days later on the Nazi truck video.

The Nazi truck parked outside my daughter's school on the night of October 16, 2012 and drove around Hoboken, up and down Washington Street and parked in front of Carlos' Bakery on October 17, 2012.  And Hoboken's Jewish community were outraged; Chabad Rabbi Moshe Schapiro told The Hoboken Reporter:
“I’ve seen pictures and I think it’s despicable. I’m appalled and shocked that anyone can use an image of such hatred and bigotry. I don’t know whose side, what side, if they’re repeating something, but how can one be so insensitive to Holocaust survivors who will walk by, or people who had grandparents who survived the camps, and have to witness such an image driving around the city?”

He added, “Whoever is responsible should immediately remove it and apologize. I am shocked this could happen in this day and age. In other countries it’s a crime to use that image. We have freedom of speech, but a million and a half Jewish babies were killed…this is not something that should be used for some political gain.”
Beth and Ricky Mason's rabbi, Robert Scheinberg, of The United Synagogue of Hoboken asked that the images be removed and whomever is responsible apologize.

Well, now we know who is (allegedly) responsible... 

A startling interview posted on MSV last night has alleged who is responsible for the Nazi truck- James Barracato, longtime Beth Mason political operative whom she now calls her "business partner."   Horsey interviewed Noel Torres, the owner/driver of the Nazi Truck. In part, he told MSV:
"I only met James. He hired me. I met up with him by the Lincoln Tunnel gas station...  He didn't want no one to see him or this stuff...  Matt Calicchio was with him. They were giggling about it; they were excited about it. I didn't know what I was getting into. It went pretty bad."
Torres also told told MSV he was paid in cash; given "$2,000 for the first attack video, $1500 plus a $500 bonus as he described it "to keep this quiet."" 

In other words, Beth Mason's 'bag-man' allegedly gave Torres 'hush money'.

So Barracato was "giggling"?

Is he giggling still?

Well folks, GA has broken it down for you below in 3 parts- by no means the entire story, nor all of the evidence available to tell the whole story; there is much more. But, for starters:


You get the picture?

As for Branco stepping forward to deliver this tale, GA believes there must be more to it than meets the eye.

So, will Beth Mason give that apology requested by her rabbi two years ago?

Wednesday, February 25, 2015

"Mayor's diamond-dealing husband..."

GA loves the bling

However one may interpret references to the mayor's husband as a "diamond dealer" in political commentary, you should know that calling Grossbard a "diamond dealer" and/or selling "blood diamonds" has been part of the anti-Zimmer internet lexicon since 2009.

Those who posted on nj.com's Hoboken forum in 2009, 2010 and 2011 may remember dozens, if not hundreds, of such references smearing the mayor's husband and his company alleging his firm sold conflict diamonds.  One prolific commenter even registered the name 'blooddiamonds' and appeared to devote an unusual amount of effort to this line of attack.  (blooddiamonds' bile inspired the uber-funny commenter bludiamonds)

The Hoboken Reporter may call this malevolence "impolite", while others call it by another another name.

GA sees that some are unfamiliar with the historical context  of postings like the recently publicized ones authored  by 'wakeup07030' and 'marklower'.  Historical context helps one understand how the drumbeat of attacks on nj.com articles tie into the broader "Grossbard the diamond-dealer" narrative pushed in articles on Hoboken411.

For example, from the Hoboken411com article, "More on the Jersey Sting" [Pincus' Trial Exhibit D-82], this excerpt, posted on April 7, 2011:
"There were also calls to release the recorded phone calls of Solomon Dwek and Hoboken Shadow Mayor Stan Grossbard. The Mayor’s diamond-dealing husband wanted Zimmer to meet with Dwek, and tried to schedule a meeting to make it happen."

 Pincus' Trial Exhibit D82



From dozens of  'blooddiamonds'  posts alleging the Mayor' (Jewish) husband and his company trade in conflict diamonds and others like 'marklower' and 'wakeup07030' who post about "blood diamond money" or "diamond dealers" on nj.com's Hoboken Forum... to the gratuitous "diamond dealer husband" references in politically partisan articles on the subject of Hoboken  politics... what does it mean?

Do you know?

GA is asking the question.

Another Lawsuit Threatened in 2009


Donna A. sure dodged a bullet in 2009!  12 other people were not so lucky in 2012. 

What does this tell you?

Somebody had lawsuits on the brain. 

And what do you know?  That same person was indulging in the very behavior that he was threatening others with litigation for- see above.  "They are both heavily compromised"- what does that mean?  Oh, and said threat-lobber makes sure to use first and surnames of his subjects.

Why?  

Tuesday, February 24, 2015

Confession of an Alleged Fluffer

  Jersey Journal, April 29, 2009: "Is Hoboken411 Slanted Toward Beth Mason?"

Council Surprises: Tim Saves Pump, Mello calls DEP "political"

FACT: Pump is UNDERGROUND, two above ground accessories: (1) one is 36"h x 36"w x 18"d,    (2) the other accessory is 42"h x 8" dia.

Boy, was that ever a 'special' meeting!

As you know, last night's Council meeting was called because neither Beth Mason nor Theresa Castellano would provide the 6th vote to green-light a low-interest loan for a flood pump (serving the ShopRite neighborhood). 

But those 'NO' votes turned out to be serendipitous, because last night ALL of Hoboken got schooled on the proposed H5 Wet Weather Pump Station.   Rumors were debunked, and Hoboken discovered how tiny the pump's footprint will actually be (Jim Doyle called the H5's two accessory structures no bigger than "suitcases.")

 Accessory structures
Wrong, Mr. Doyle.   GA  has suitcases bigger than the pump's 36"h and 42"h accessory structures.

So, last night the room was packed with residents for and against funding the H5 Wet Weather Pump Station.  (GA missed the first hour)

Richard Wolff, Director of the North Hudson Sewerage Authority (NHSA) explained:
  • The  2 contaminants which the NHSA expects to find at the pump site are:  (1) a chemical used in the processing of coffee at the former Maxwell House factory and (2) heavy metals.  Neither are airborne, therefore cannot endanger residents during their removal.  A possible third chemical, whose remediation was described as similar to asbestos- abatement; the area is kept wet as the material is safely removed- may exist.  If found, it will be safely removed- like it was during the construction of Maxwell Place.  
  •  The H5 pump is below-grade.  There are only 2 above-ground accessory structures. They are a 36"h x 36"w x 18"d  'box' and a 42"h x 8"dia 'tube.'   Maxwell Place will direct the landscaping around them.
  • The H5 pump is located where it has to be to drain the 'ShopRite flood zone.'   Wolff explained this to  Engineer Mike Russo after Engineer Mike suggested moving the pump out of the flood district it serves.  'Engineer Mike' was told moving the pump north would require construction of 2 enormous holding tanks ("50 feet long...") and moving it west (into another residential neighborhood) would not properly drain the ShopRite area.  
  • The deadline to initiate the low-interest loan (GA heard "no interest") will close at the end of March 2015.  Tick.. tick.. tick..
So... it was a very informative meeting with a few surprises.  The first: Tim Occhipinti. 

Newsworthy
Tim gave the best speech of the night.  He kept it short; said the right thing  but most importantly, did the right thing.

The vote would not have succeeded without his support; Timmy's was the 6th vote. 

GA gives props to Tim.

Yep, you heard right.

The other surprise was last night's  performance by Dave Mello. Yes, he voted the right way but...

...what the hell was that?   I know Dave as a compassionate person, but last night his compassion seemed aligned with a  privileged sector of Hoboken who do not need a pump to stay dry in the next flood.  Mello appeared more concerned with the possibility that Maxwell tenants might have to subsidize the pump  than with the huge swath of Hoboken (including ShopRite) that will be underwater AGAIN without it. I couldn't believe my ears when Dave wanted to know if the funding agreement could be pulled if the tenants were impacted with fees for the pump.

Pull the funding?  Truly a 'WTF moment'.

In a prolonged scolding of the NHSA's "communication failure" that seemed (to me) more about political pandering to the Maxwell Place residents rather than trying to encourage them to trust that the process would be done safely and in the best interest of the ENTIRE Hoboken community, the Councilman appeared to suggest the DEP was a 'political'  entity.

Really?  In response, NHSA's chief engineer popped up to defend the DEP as scientists, engineers and professionals not motivated by politics.

GA doesn't get how coddling one group of residents serves the greater good of Hoboken; hundreds whose health and property are in jeopardy every time time the city floods.  Poisonous blackwater washed through 1,800 Hoboken homes in 2012.  The toxic mold grew in the walls of those homes, many with children.  What about those kids?
 
Reality Check.

Here's what my kid (and others all over flood-devastated Hoboken) were breathing, until we renovated:

Toxic black mold behind the drywall in my living room

Toxic black mold covered my floor joists

My car taken for scrap metal- water  running down the ramp
I have plenty more photos, but you get the idea.

So, pass me a frigging violin.  I am appalled that some of our Hoboken neighbors do not see the urgency of protecting families from the next storm, and doing it NOW.

Monday, February 23, 2015

City Council: Do the Right Thing

Beth Mason and Terry Castellano voted "NO" to flood pump that would protect residents- and the ShopRite Plaza. 

It is outrageous that taxpayers must fund a Special Meeting tonight all because two Councilpersons would not act responsibly on Wednesday to approve a low-interest loan  for a desperately needed flood pump.   Yes, "special" meetings are taxpayer-funded.

Mason and Castellano are playing politics with our safety, our property and our local economy.  Neither are deserving of the public trust.  They need to be replaced in 2015.

Tonight, the citizens of Hoboken hope that Mike Russo and/or Tim Occhipinti step up and do the right thing for us.

Let your voices be heard. 

Sunday, February 22, 2015

Pump It Yourself!


2nd Ward Councilwoman Beth Mason, will pull out a budget line item to argue over a nickel expense yet voted NO on a low interest loan for the H5 Wet Weather Pump Station. Once installed, the pump would prevent a swath of Hoboken from being drowned in the next super-storm.

1st Ward Councilwoman Terry Castellano, always ready to sacrifice the greater good if she can stomp on the Mayor - even once accusing Zimmer of "making the recovery [from Sandy] much more difficult"- voted NO on the H5 Wet Weather Pump Station.  Castellano's Ward was one of the most severely impacted by 2012's Superstorm Sandy.


GA will remind readers of what Castellano was doing for the residents of her Ward in the aftermath of Hurricane Sandy.

A volunteer assigned to assist Marine View residents in need  after the flood reported this to GA:

I remember what a useless polyp she [Terry Castellano] was loitering in the Marine View Towers lobby while a small army of young adults were assigned to help out distressed residents immediately after Hurricane Sandy. As the group was planning a course of action, in running up the stairs to deliver water and supplies, she stood idly by.  Watching us, doing nothing.  Later on when an ambulance squad came to help some specific residents, but were found to have left the building, Terry said, "Well, that's just poor communication from City Hall."  Standing in the same spot, not lifting a finger to help, just flapping her jawbone.  

She had nothing nice to say about all the effort that was around her, but was quite comfortable to stay in place and complain.  
I was disgusted by her uselessness, then dragging down people who were there to help.She's lost power, relevance, and respect.

Castellano appears to view the suffering of Hoboken residents as a political tool.

Isn't that evident by her "NO" vote for the pump, last Wednesday?

Mason's excuse?  In a similar vein, her motive may be gleaned from an email posted on MSV several days ago.  On March 4, 2011 Mason "business partner" political operative James Barracato emails Lane Bajardi:
"Beth just needs to call Jonathan Metsch under oath and get him to admit he met with the bidders that included the JC Medical Center. She also needs to call Toni Tomarrazo and hammer her over the financing aspect. They can really destroy the administration if they work things properly." 
There you go.  Proof that Beth Mason's network of political operatives schemed with the Councilwoman to "destroy the administration" by undermining the sale of Hoboken University Medical Center during the bidding process.

GA suspects Mason's motivation to tank the survival of Hoboken's only hospital along with 1,200 jobs- "to destroy the administration" is the same behind her "NO" vote on the flood pump.  Mason strategy: Make things WORSE for Hoboken residents and the Mayor gets blamed.

Um... no, she won't.

Beth Mason and Terry Castellano are the only ones standing in the way of this flooding solution.

The City will be stronger and better once these two  bitter shrews are retired from government. GA sincerely hopes that  Timmy Occhipinti and/or Mike Russo do the right thing for Hoboken tomorrow night.

And next time Beth Mason pulls off a $5 line item from the budget,  someone remind her of the COST to TAXPAYERS for tomorrow's Special Meeting.

Saturday, February 21, 2015

Augie Whacks Scarinci

Augie Torres sucks on sour grapes, whacks Scarinci
 Oh my!  11 days after Judge Patrick Arre tossed out the garbage,  Political Insider Augie Torres arrives at the table for sour grapes.

Torres, strictly old-school, doesn't like the counter-culture of the blogs and the democratizing of snark.  Folks like him don't seem to believe that lowly schlubs like me have the same entitlements to mock institutions of power, hypocrites and shady politicos.   Simply put, old-school Augie wants to throw every jab and be the sole source of opinion on local politics.  Torres sees the aftermath of Arre's decision as bestowing "power."

No.

Bloggers have no more "power" than we did before Hoboken411's ghost-writer launched his lawsuit. The Court simply affirmed our constitutional right of free speech.  That 's the same right that allows Torres to infer bloggers are "arrogant" and mock the "wife, kids and dog" of our subjects.

GA likes Augie's column, at the same time he can be a real a$$hole. Ooooh, the power of that naughty word! 

Anyway, GA noticed Augie's column took a whack at Constitutional scholar Donald Scarinci.

Why?  Apparently because Scarinci endorsed uppity bloggers' rights to internet free speech, Augie cracked that Scarinci " once was an opinion-writing editor on his Union Hill High School newspaper in Union City."  Yeah, and  GA was editorial cartoonist on my college newspaper.   So what?

Sour grapes make sour whine:
 

The magic of Hoboken's local media- making inconvenient facts disappear- is why the blogs are here to stay.

Deal with it.

Friday, February 20, 2015

Thursday, February 19, 2015

NJ Law Journal: This Week's Winners and Losers

Sent to GA by a NJ Law Journal subscriber, February 16, 2015 issue

Scarinci Supports GA, Horsey and Free Internet Speech

NJ Constitutional scholar Donald Scarinci on the side of GA, Horse and FREE INTERNET SPEECH

Donald Scarinci may be known statewide as a politically-connected powerhouse, 'rainmaker', closest friend of New Jersey's Democratic Senator Bob Menendez and "Number 9"...


But what some don't know about the ├╝ber-powerful Scarinci is that he is a Constitutional scholar and a blogger.

That's right.  One of those.

Scarinci's blog is called Constitutional Law Reporter and that is what he blogs about.

GA didn't know that, until I read his Opinion piece in yesterday's politickernj, "Grafix Avenger & Hoboken Horse Defend Free Internet Speech."   It begins: 
"Socrates said, “While I may disagree with what you say I will defend to the death your right to say it.”  Socrates would be proud of Judge Patrick J. Arre in Hudson County."  
Woo-hoo! And it only gets better.

Not only is Scarinci's piece a stern repudiation of The Hoboken Reporter's simplistic, one-sided, partisan drek titled "The Bounds of Free Speech,"  it is a condemnation of the lawsuit itself.

Mr. Scarinci writes:
"Let’s face it, even those of us with Rhinoceros skin are bugged sometimes when anonymous blog posts misstate facts and say the most awful things. Imagine the cottage industry for lawyers if everyone took them to court. Worse yet, imagine America if people were afraid to speak their mind? America without free speech is not America."
Not in the Land of Monsters at 1400 Washington Street. 

That's where monsters pick "victims" and "antagonists," call Patrick Ricciardi's criminal theft of the mayor's emails a "scheme" (like a pissing-in-the-beer-keg frat boy prank), call stolen emails "leaked," imply non-defamatory statements on GA should have been removed, "(the post can still be found on her site)" among other spiteful flourishes (or favors).

The monsters also practice censorship;  they censor unflattering facts about their 'side.'   So, the monsters deliberately OMITTED  the "victim's" years of partisan political ghostwriting for Hoboken411.com and the "victim's" own "impolite" postings attacking "his antagonists" numbering in the hundreds.

 Wants to "bind" the FIRST AMENDMENT

With the monsters living in Hoboken's  Fourth Estate, GA was heartened to read Mr. Scarinci's stalwart defense of free internet speech and his praise for Judge Arre's decision.

In fact, GA emailed Mr. Scarinci to thank him for his "defense of free speech online and acknowledgment...after a fighting a scorched-earth SLAPP for 2 1/2 years."   

I was delighted to receive a reply, which I'll keep private.  To summarize, Donald Scarinci "applauds" defendants' decision  to stand up and fight for the principal of free speech and not capitulate and/or give "an apology that should never be given."  His letter ends with: "...keep on doing what you're doing."

Thank you, Mr. Scarinci for sticking up for the people who stuck up for the First Amendment.

Wednesday, February 18, 2015

PolitickerNJ News Crawl

Big thanks from GA to Free Speech supporter Donald Scarinci

MYSTERY: Rap Artist 'Baby Lane' YouTube in Plaintiffs' Google Subpoena

August 2012 Google Subpoena, Plaintiff/Petitioner Lane Bajardi, Kim Cardinal Bajardi:  Page 5 of 6: 1b, 1c

... and a Doris Day Broadway show tune YouTube parody!

Not exactly things one would expect to to be subpoenaed by Plaintiffs since neither song, artist or YouTube user had anything to do with Hoboken, Defendants or their Complaint.  

Yet there they were, on page 5 of 6 of Plaintiffs' subpoena to the parent company of Grafix Avenger, Google.

The Google subpoena was filed by Plaintiffs in August 2012 purportedly to obtain identifying information for John Doe Defendants and Para 130 Screen Name Defendants.   Once identified, Plaintiffs would add them as Named Defendants, like Roman and myself.  (Thank attorney Kerry Flowers for protecting their anonymity.)

In addition to requests for relevant persons, Plaintiff's requested:
  • Identifying IP information for YouTube user "JBL3Kings."  Plaintiffs provided the link to a Rap video called "Filling My Swaggy."  The artists' names "Baby Lane FT: Jade Blak."  



  • Identifying IP information for YouTube  user "Bellissamavideo." Plaintiffs provided the link to her video parody of the Doris Day Broadway show tune called "Too Close For Comfort":
 
In an actual defamation suit, would one subpoena rap songs and show tunes?  

I asked Plaintiff Lane Bajardi about this at his July 16, 2014 deposition:


He "didn't prepare the subpoena."  Oh, I see.

Did he "prepare" his Complaint, Bajardi v Pincus, et. al?  Did he know what's in it?

I mean, somebody else prepared that.  

If the inclusion of  rap songs and Broadway show-tunes in Lane Bajardi and Kim Cardinal Bajardi's August 2012 Google subpoena was NOT a red flag that the suit was a frivolous, malevolent pile of garbage, GA does not know WHAT was. 

At my March 22, 2013 Summary Judgement hearing, attorney, Kerry B. Flowers addressed the Court on behalf of his clients, the John Does and Para 130 Defendants:


Flowers described the "addition of those two very disturbing and inappropriate videos in the Google subpoena" as  showing the "case is political in nature and it's vindictive and it's petty."

Flowers read the lyrics of "Too Close For Comfort" and argued they were a "clear shot and a clear warning to defendants that they are coming after.  It had nothing to do with the case.  It was clearly and insult to the Court.  It was an insult to litigants in this case."

The lyrics for "Filling My Swaggy" send another message to Defendants.  

Merriam-Webster's online dictionary defines 'swag' to mean "a : goods acquired by unlawful means."  The rap goes:  
Hey, Hey, Hey,
Hey, Hey, Hey,
We're fillin' up swag (unintelligible)
Hangin' in the club
And heading for the money
We get money
It's there to take

Folks, it truly is a MYSTERY how YouTube rap and show tune videos ended up in Plaintiff/ Petitioner Lane Bajardi and Kim Cardinal Bajardi's August 2012 Google Subpoena.  

Tuesday, February 17, 2015

Order of Dismissal with Prejudice: Bajardi v Pincus, et. al.

Truth and Avalanches

The Hoboken Reporter creature-feature called 50,000+ emails produced by Plaintiffs in the discovery phase of their litigation  an "avalanche."

Political columnist Al Sullivan referred to the discovery emails as "a massive number of documents that may well reveal the behind-the-scenes manipulation that has made Hoboken such a political sewer over the years."  

The actual discovery request was for 7 years of email to/from twenty-two persons including, but not limited to: Hoboken elected officials,   Hudson County political operatives, campaign operatives,  politicos, reporters and columnists.  GA is not going to publish their names.  The point is, Sullivan got it right.

In fact, there is more truth in Al's column this week, (carefully couched to slip past the HR's editorial talons) than has been covered anywhere so far on the genesis of the lawsuit. Sully called it "classical warfare with anonymous people on both sides flinging insults at each other."  He also referenced Tom Bertoli: "While Bajardi claimed not to be responsible for casting on-line barbs at Pincus, written depositions given by one-time Mason ally Tom Bertoli disputed this..."

So, although not taken much further, Sullivan introduced the notion of "both sides" engaged in Hoboken's heated political discourse before one side asserted they were defamed by the other side. The story of how the other side conducted years of "warfare" on one side is buried in an avalanche.

The how is what Sullivan calls "behind-the-scenes manipulation."  The how is many different stories. 

Greg Bond, a better Canadian import than maple syrup, published his analysis on his blog "Whats Up With Hoboken?"  It's a thoughtful piece, with questions of the rhetorical kind. 

The trial's last word may belong to Judge Patrick Arre, but I agree with Al.  Just as this suit was implemented to influence the 2012 an election, so may revelations about "relationships to various political players" because that is the bloodsport of Hoboken politics.

Councilman Mike Russo said once at the City Council, "Hoboken politics is a full contact sport."  He's right, of course.  This lawsuit was a 2 1/2 year political beating, the proofs are in an avalanche.  

Monday, February 16, 2015

The Bounds of Ethical Journalism

This is fair comment, protected FREE SPEECH

Since when is the Plaintiff of a dismissed lawsuit called a "victim" and dismissed Defendants called "antagonists"?

Meet The Hoboken Reporter.  When do such DELIBERATE mis-characterizations published by the press cross the line to libel?

That's what I want to know.

Sunday, February 15, 2015

The FrankenMatzner Monster

More credible than Caren Matzner's "The bounds of free speech"

GA applauds this comment by 'Anonymoud'  posted below The FrankenMatzner monster:

Anonymoud


2 Hours Ago

It's interesting how easy it is to tell what portions of this article were written by Carlo and what portions were written by Caren.

Caren - civil cases do not have victims and perps. They have plaintiffs and defendants. And Mr. Bajardi was not deemed a public figure because he was a simple "activist." Of course the scope and nature of Bajardi's public activities. as well as his behind the scenes role has always been well known to you so your mis characterization both of the Bajardi's role and the nature of the Court's ruling is pretty clearly not just an innocent mistake.

Why does your coverage consistently and intentionally fail to accurately portray mr. Bajardi's role in hoboken's political and Internet scene despite your awareness of the facts?

This litigation was not some groundbreaking first amendment case about how much nastiness directed toward a poor innocent Hoboken couple" by evil bloggers is "too much." It was about a local political operative with a history of using the Internet as a political weapon misusing the courts by filing a frivolous defamation suit that was thrown out in mid trial because of the complete lack of evidence.
 

Not only did the plaintiff fail to adduce any evidence of damages or malice, he couldn't even show the comments he sued over weren't true perhaps because in large part they in fact were true. He was very much an important senior member of Mrs. mason's political team carrying out political operations on her behalf and his possession of apparently stolen e-mails makes it clear to me that if he wasn't interviewed by the FBI in the e-mail theft investigation he certainly should have been.

I've heard that the e-mails obtained in discovery cast a great deal of light on Mr. Bajardi's involvement with the media including not just Hoboken411 but with Hoboken Patch and the Hoboken Reporter as well.

Perhaps if those e-mails are made public your misleading editorial choices will be easier to understand. I for one am anxiously awaiting their publication.
 

NY Post: Radio news reader suit "booted"

The New York Post

GA read today's HR piece; right out of the gate, Editor Caren Matzner's poison pen used the word "victim" in place of  "Plaintiff."

On that note, GA could hear the honest efforts of Carlo Davis gasping for breath under a pile of Matzner bile.

Could it have been worse?  Sure.

Let's see... the article contained one fabrication: "Pincus said her belief that Bajardi was paid for political work came from a source she declined to identify..."   Um... never "said" such a thing, never wrote such a thing.  That is utterly false.  Had the case not been dismissed for being the steaming crap it was, I would have testified to the litany of facts which formed the reasonable basis for my belief Bajardi was being paid. And this excludes findings in the avalanche of records and documents produced by Plaintiffs during the litigation. 

That "Pincus said..." fabrication reeks of Editorial rancor.

What else?  The HR piece was a symphony of omission.

Now, if anything came out in the trial, it was that Lane Bajardi has been ghostwriting Hoboken411 political coverage for years. Of the 1,000+ Word documents produced by Plaintiffs in discovery, most were draft articles sent to Perry Klaussen of Hoboken411.com.  It is simply not credible that this "open secret", the words of Plaintiff on the witness stand, was not known at 1400 Washington Street.  The ghostwritten articles Plaintiff handed over in discovery are not benign.

But hey, ghost-writing inflammatory attacks against the Zimmer administration and allies- like Nancy Pincus and Roman Brice- does not fit the HR's narrative that Bajardi is a "victim" not a "Plaintiff."

The boot
The real victims here are the persons forced to pay for a defense  for 2 1/2 years of litigation so frivolous that the judge spent 40-minutes tossing it.

The real victims want their money back. 

Oh, how could GA forget... those emails.

GA has decided to wait for a copy of Judge Arre's opinion.

By the way, I did like Al's column except for the caption "Bloggers get off free."  When I complained, he told me the title was "ironic."  Maybe so.  I still don't like it.   But hey, his irony is protected by our First Amendment.

Thank G-d.

Saturday, February 14, 2015

NY Post: News reader loses $2M defamation suit, may have to pay legal fees

How far is too far to go in suing an opponent who is on a different political side than you are, and is it going too far if you, yourself, are the ghostwriter of years of Hoboken411 political articles with your own posts under admitted screen names:  Red Haven, 4thWardGuardian, xyzpdq, Mark on Park, Night Watchman, Wakeup07030 and MarkLower that  number in the hundreds?

Is such a person going too far to file a defamation suit against those whom he has been savaging for years under screen names, in ghostwritten articles on  Hoboken411 and publicly at the City Council?  Of course, there are the 50,000+ emails that Plaintiffs turned over to Defendants, which include but are not limited to: 9,000 emails (approx) to/from Perry Klaussen- with subjects like: "I think I got Pincus Kicked Off the Zoning Board Tonight,"  7,000 (approx) to/from Beth Mason,  4,000 (approx)  to/from Ricky Mason, 30,000 (approx) to/from Sara Stojkovic, 2,500 (approx) to/from James Barracato and hundreds to/from Ines Garcia Keim.  Did I mention emails referencing The Hoboken Reporter?

Then there are the emails discovered in the massive post-discovery email dump(s) which are direct proofs of truth of allegedly-defamatory statements.

How far is too far to go suing an opponent when you yourself are so immersed in the very activities which you are suing others for doing? 

How far is too far to force your political opponents to deplete their finances fighting your frivolous claim?

These are questions The Hoboken Reporter will not ask in this week's predicted white-wash of the dismissed, frivolous complaint.  GA predicts the HR will go with the narrative, "How did Pincus/Brice Get Away With It"- ignoring their failure to disclose their incestuous relationship with individuals behind the filing of the frivolous complaint and identities of their "investors" in glossy magazine "07030." 

Thank goodness, other media are reporting the facts as they are. Will they report the rest of the story?

The New York Post published this article at 10:41PM last night:


Friday, February 13, 2015

BREAKING: PolitickerNJ WInners and Losers


POLITICKERnj WINNERS: Nancy Pincus and Roman Brice

"Bringing to an end a politically charged trial, the two well known local Hoboken bloggers withstood a defamation suit in Hudson Superior Court this week when a judge ruled in their favor."

POLITICKERnj LOSERSThe Bajardis
 "The husband and wife plaintiffs in a closely watched blogger trial could not demonstrate a finding of actual malice or reputational injury, according to Hudson County Superior Court Judge Patrick J. Arre."

Raised By Wolves


GA would like to applaud The Hoboken Reporter for respecting the First Amendment right of anonymous commenters to publish attacks on my parenting!

I have often pondered whether my child would be better off being raised by wolves;  it is only natural for others to do the same.  Wolves have sharp teeth and claws, and as such make excellent providers of red meat.  The prices at A&P prohibit GA from serving meat more than 3 times a week; with wolverine parents little GA would be eating less chicken and more entrails.  Further, wolves howl at the moon- something I've never tried.

There are disadvantages to child-rearing by wolves. They lack opposable digits (thumbs), so Little GA would never have played Cat's Cradle or Go-Fish with her Wolf- Mom. 

See what I mean?
Further, wolves run in packs and we only  have 1 bathroom. 

But, all-in-all, it is possible little GA would have been better off raised by wolves.  The Hoboken Reporter encourages such discourse;  Editor Caren Matzner respects the New Jersey Constitution more than anyone I know! That's why she has allowed numerous commenters to suggest DYFUS be called on me! 

Too late, Ms. Matzner- I've called them myself!  It is the least I could do, for depriving my kid of years of barking, entrails and howling at the moon.

DYFUS peeps, take me away!

2015 Vintage


Thanks to another GA reader, who stopped by last night with a congratulatory bottle of Pinot Noir.

I'm not familiar with the "Bench Slap" vineyards, though I'm told some in Hoboken are cultivating sour grapes.

Cheers!

Wednesday, February 11, 2015

Moving Forward


Whoever you are, thanks.  After a 2 1/2 year battle to preserve free political discourse online, a First Amendment right protected under the New Jersey State Constitution, it is nice to hear.

(This  comment appears under some drek anonymously scribed on The Hoboken Reporter web site, said drek purports to be fact.)

SOTC and other Acronyms

Mayor Zimmer giving her SOTC (State of the City) Address

I like to use acronyms.  For example,"ELEC" (for "Election Law Enforcement  Commission") or "SLAPP" for...
SLAPPs are Strategic Lawsuits Against Public Participation.  These damaging suits chill free speech and healthy debate by targeting those who communicate with their government or speak out on issues of public interest.

SLAPPs are used to silence and harass critics by forcing them to spend money to defend these baseless suits.  SLAPP filers don’t go to court to seek justice.  Rather, SLAPPS are intended to intimidate those who disagree with them or their activities by draining the target’s financial resources.

SLAPPs are effective because even a meritless lawsuit can take years and many thousands of dollars to defend.  To end or prevent a SLAPP, those who speak out on issues of public interest frequently agree to muzzle themselves, apologize, or “correct” statements.
Think about it, people.

The "SLAPP" acronym is one syllable; "Strategic Lawsuit Against Public Participation" is fourteen.  That's wear and tear on the lips and tongue, not to mention the Uvula.

So yesterday, after one acronym was dismissed, GA attended another: the Mayor's SOTC. As usual, the annual event was held at 7PM at  Stevens' DeBaun Auditorium.  

So what did she say?   The Mayor spoke about the great things our City is accomplishing, including a comprehensive flood plan, a recent audit of Hoboken public housing units, a proposed web site to track available public housing units, freed-up space in Hoboken's municipal garages (yes, there are vacancies) and improvements to Hoboken's power grid infrastructure.  GA's favorite part of the speech:
"Providing all of our children with a high quality education is one of government’s most important roles, and I am completely committed to supporting all of our City’s public schools... And as mayor, I will do everything I can to help make all of our schools as successful as they can be."
Thank you, Mayor!

Under the Kids First School Board leadership, our public school district has risen from years of neglect and abuse; our district's terrific children and faculty are so deserving of your support!  

Moving along... 

GA would like to give props to Councilman Tim Occhipinti, who showed class by showing up; unlike his AWOL peers on the Council minority.  (Note, Timmy also showed up on the witness stand at the dismissed acronym-- as well as Peter Cammarano, Patrick Ricciardi, Anthony Petrosino, and Beth Mason.)  

Great bar
So, after the SOTC, GA and friends went to celebrate at Freeholder Anthony "Stick" Romano's bar- my first time there.

What a cute place!

And guess who showed up?

Yep, Freeholder Romano

We had a nice chat; Romano had  been told about our legal victory at his Freeholder's meeting.

Good news travels fast!

Yes, Freeholder Romano appeared pleased that bloggers' First Amendment rights were upheld in the legal attack on Hoboken political discourse.  

And that's it folks, after a very long day,  an SOTC then celebration at an NFHB (Nice, Friendly Hoboken Bar) after successfully defending TFA (The First Amendment) with PICA (People I Care About).  What I call that an GD (Great Day).


Tuesday, February 10, 2015

GA Readers Celebrate!

A reader dropped-by with a congratulatory bottle of sparkling wine!


Another reader sent me a celebratory photo shop!

credit: GA Reader

And so many calls texts, emails....

GA thanks all of you, and appreciate all of the support our wonderful community has shown for this major First Amendment victory in Hoboken.