Mandamus Lawsuit Against Asheville an...

Mandamus Lawsuit Against Asheville and City Officials

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Power Corrupts

Asheville, NC

#1 Dec 16, 2011
North Carolina In the General Court of Justice
Buncombe County Superior Court Division

James Lawrence Smith,
PLAINTIFF

v. Declaratory Judgment (NCGS Section 1-253
et sequitur); Rule 57 NCRCP; Public
Records Act (NCGS Section 132-1 et seq.);
Disclosure of Records - 911 Call Recording

DAWA HITCH, PUBLIC INFORMATION OFFICER OF
THE CITY OF ASHEVILLE;
GARY JACKSON, CITY MANAGER; and
WADE WOOD, ACTING CHIEF OF POLICE, ex rel.
911 Call Center of Asheville Police Department
AND THE CITY OF ASHEVILLE
DEFENDANT.

COMPLAINING OF THE DEFENDANTS, Plaintiff alleges and says as follows:

JURISDICTION AND PARTIES

1. Plaintiff is a citizen and resident of Buncombe County, NC, and a party with
standing under the Public Records Act as codified in NCGS Section 132-1, et seq.,
which records and recordings by law are the property of the people of
North Carolina.

2. Defendant Dawa Hitch is the public information officer of the City
of Asheville, a municipal corporation created and existing under the laws of North
Carolina, and as such is the agent custodian of 911 caller information
and recordings thereof made by "emergency" 911 callers within the City of Asheville.

3. Defendant Gary Jackson is the Asheville City Manager, custodian of public records
of the City of Asheville and Asheville Police Department, specifically "emergency"
911 call information and recordings as those records are described in
NCGS Section 132-1, et sequitur.

4. Defendant Wade Wood is the acting Chief of Police of the City of Asheville and
as such is custodian of 911 "emergency" call information and recordings made
within the City of Asheville, North Carolina.

5. Defendant City of Asheville is a municipal corporation organized and existing under
the laws of North Carolina and as such is custodian of 911 caller information for 911 calls made within its boundaries.

6. This action is brought pursuant to the provisions of the Declaratory Judgment Act,
NCGS 1-253, and Rule 57 of the North Carolina Rules of Civil Procedure, seeking
declaratory relief in the form of an order or judgment of the Superior Court
compelling disclosure of public records pursuant to NCGS Section 132-1, et seq.

7. Plaintiff seeks from this Court a WRIT OF MANDAMUS compelling the defendants herein
to furnish plaintiff with the recording of a 911 call made by Martha Grist to Asheville
Police Department on Friday, October 7, 2011 at 11:08 a. m.


FACTUAL ALLEGATIONS

8. Plaintiff realleges those matters set forth in paragraphs 1 through 7 and incorporates
them herein by reference as if stated herein verbatim.

9. On October 7, 2011, Martha Grist, also known as Marty Grist, also known as Martha
Tackitt-Grist,[hereinafter "Martha"]telephoned 911 and used the emergency call center
for a non-emergency call as admitted by her during the conversation.

10.A transcription of all or part of the conversation between Martha and Asheville police
is attached hereto as "Exhibit A" and incorporated herein by reference as if stated
herein verbatim.

11.On information and belief, that because of a conversation between this plaintiff
and Martha immediately preceding
the frivolous 911 call by Martha, in which she threatened plaintiff by screaming, "You
are going to be sorry for calling on my job!" and by obscenely describing plaintiff as
"[redacted as obscene] neighbor who needs to be in jail," and further because of a
conversation ...[more to come]
Power Corrupts

Asheville, NC

#2 Dec 16, 2011
... between Martha and another person, plaintiff believes and alleges that
Martha and officers of the Asheville police and others in office schemed, planned, and connived to "set up"
plaintiff with false criminal charges and have him arrested and jailed.

12.On information and belief, that as a result of Martha's frivolous and malicious 911
call, three large Crown Victoria Police cruisers of the Asheville Police Department and 7 burly uniformed officers, three in the first cruiser, two in the second cruiser, and two in the third cruiser, rushed to the
address of Martha at 200 Aurora Drive and also to the address of the plaintiff just across
the street at 199 Aurora Drive.

13.That one or more of the officers informed plaintiff that Martha's "emergency" was that
"a man yelled at her," which was false and malicious, and, like the frivolous 911 call,
a crime. That several of these burly officers made comments to this plaintiff clearly calculated to provoke and anger me.

14.That thereafter based on her malice, vengefulness, and perjury Martha caused to be signed by Judge Ed
Clontz an outrageous ex parte NCGS Section 50C
restraining order against this plaintiff, and thereafter by another series of lies under oath, caused to be issued a show-cause order in connection with
the ex parte restraining order, and an outrageous frivolous and malicious criminal warrant against the
plaintiff charging him with "Cyberstalking" and causing his arrest and handcuffing,
booking, fingerprinting, and his DNA seized and taken for analysis with the SBI under threat of force by two Asheville
police officers. Plaintiff does not have a criminal record and is not a criminal, has neither stalked nor cyberstalked Martha Grist,
and does not willingly suffer these despicable, malevolent, and illegal abuses of the police power to prevail
against him, now or in the future.

15.That for the hearing on the ex parte restraining order and show-cause order in 11 CVD 5211, Buncombe County, plaintiff subpoenaed the
911 recording at issue; but Dawa Hitch, public information officer with the
defendant city,
refused to cooperate with the postman and sign for the certified mail, and thereafter, several days after the hearing was
concluded, the defendant city, through its attorney, Bob Oast, filed
a motion for a protective order claiming by sham and chicanery that the city would not comply with the subpoena and falsely claimed that the plaintiff's request under NCGS 132 had been complied with.

16. That in demanding the 911 recording to which he and the public are by law entitled, the plaintiff has twice appeared before City Council, the most recent appearance and written request having been made on Tuesday, December 13, 2011, and your plaintiff has previously submitted many written and verbal requests with various officials of the City Manager's office and has fully complied with the defendant city's procedures for requesting public records as those requirements are specifically set forth, as follows, on the city's website:
http://www.ashevillenc.gov/Departments/Commun...
Power Corrupts

Asheville, NC

#3 Dec 17, 2011
17.That in addition to insolent refusal in defiance of the easily understandable law to comply with the plaintiff's request for the subject recording, various city officials acting in concert have engaged in an offensive strategic and tactical witch hunt against this plaintiff, as set forth, in part, in the following particulars:
a. One or more detectives of the Asheville Police Department telephoned and contacted my son in Tennessee and recorded for his hearing disturbing voicemail which strongly insinuated that I was "cracking up" and had committed crimes and threatened physical harm to various people in Asheville, including Martha and defendant Hitch, all of which allegations were false, libelous per se, and malicious and caused plaintiff's son to be shocked, emotionally upset, and frightened.
b. That I was shortly thereafter formally invited to meet with Detective Scott Piper at Asheville Police Department and ushered into a 1-way mirrored interview room, where Det. Piper and Lt. David Romick appeared together. That Det. Piper suggested that I was under criminal investigation for, among other unspecified offenses, threatening defendant, Dawa Hitch, by telling her on the telephone, "I am going to get you!" when in fact I never said any such thing and know, because of a sense of ethics to do no harm, and because I earned a law degree and formerly practiced law, NOT to communicate threats to anyone.
c. That after that interview, acting Chief of Police Wade Wood called my cellphone and instructed me to meet him and Assistant City Manager Jeff Richardson to discuss an urgent matter regarding Dawa Hitch in his office. I complied and was ushered to the large boardroom of the office of the Chief of Police, where Chief Wade Wood was joined by Assistant City Manager Jeff Richardson, Lt. Darryl Fisher, and others. In that particular phase of the witch hunt, Richardson repeatedly falsely charged that I had threatened Asheville Public Information Officer Dawa Hitch and had caused her to be terrified. During this phase Chief Wood played a recording of my voicemail to Ms. Hitch in which could be heard my words "I am coming after you." But these words were clipped, recorded out of context, and the rest of the message cunningly redacted to create a false impression. I DID NOT threaten her but made it clear I was coming after her with a lawsuit if she did not turn over the Martha Grist recording for which I had made several requests in writing and followed up with many phone calls only to be ignored.
d. That again during this conversation Chief Wood stated that the subject recording would not be released to me because of a statutory amendment which required keeping the 911 caller's identity secret. Which in this case is absurd because everyone familiar with the controversy knows that Martha Grist made the libelous 911 telephone call. What the city is frantic and obsessed to conceal, among other things, the identity of the other party to the conversation; and they are craftily waging their witch hunt and maintaining a ruse and a sham and "the best defense is a good offense" to accomplish their unsavory ends.
e. That again after the previous phase of the ongoing witch hunt described in paragraph "d," plaintiff was summoned to the Asheville Police Department by two officers, one of them being Ricardo Martinez, a detective, one of the purposes being to deliver a message from the District Attorney and to threaten and intimidate the plaintiff.
Power Corrupts

Asheville, NC

#4 Dec 17, 2011
FIRST CLAIM FOR RELIEF
DECLARATORYJUDGMENT
18.Plaintiff realleges paragraphs 1 through 17 of this complaint and incorporates the same as if stated herein verbatim.

19.Plaintiff believes that this is a matter of urgent public importance, that the publication and public discussion of public records exposes corruption and serves as an excellent disinfectant. The people have a right to know and not to be tyrannized by insolent public officials or the laws of the citizenry violated under the aegis of the police power.

20.Plaintiff has already published pertinent parts of this complaint on the internet in two public forums and sent copies thereof to media outlets.

21.This is a legitimate controversy in which the plaintiff seeks redress and the intervention of this Honorable Court pursuant to NCGS Section 1-253; Rule 57 NCRCP; NCGS Section 132-1, et seq.; and the Common Law of Mandamus.

SECOND CLAIM FOR RELIEF
M A N D A M U S
22.Plaintiff realleges all those matters in paragraphs 1 through 21 and incorporates them herein as if stated verbatim.

23.Each and all of the defendants have failed and refused and continue to defiantly refuse to turn over to the plaintiff the instant 911 recording which the plaintiff intends to use in litigation and as evidence and fodder for cross-examination in State vs. Smith wherein the plaintiff has been charged with cyberstalking, and publish the same for the behoof and benefit of the people of North Carolina and others.

24.The plaintiff is presently in process of establishing a blog, or BLAWG, for the benefit of the people of Western North Carolina and intends to publish this lawsuit and the recording and other related articles of importance on the BLAWG.

25.That this Honorable Court has jurisdiction to compel production of the subject 911 recording, which the plaintiff believes and alleges is still in existence, and the plaintiff is entitled to a writ of mandamus directing the defendants in possession of said recording to make it available to the plaintiff.

Wherefore, Plaintiff prays:
1. For a declaratory judgment against each of the defendants herein proclaiming that the plaintiff is entitled to disclosure of a facsimile recording of the 911 call made by Martha Grist to Asheville Police Department on 7 October 2011 at 1108 hours.

2. That a writ of mandamus issue from this Court directing the defendants and each of them to immediately deliver to the plaintiff or make a facsimile copy thereof the recording of the instant 911 call by Martha Grist.

3. That the Court place this matter at the top of the calendar and set it down for priority hearing, pursuant to NCGS Section 132-1.2(d)
4.That the defendants be taxed with the costs of this action.
5.For such other and further relief as to the Court seems just, wise, and proper.

This 16 December 2011.

James Lawrence Smith
_____/s/_________
[redacted]
__________

Woe be unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, and of all uncleanness.
Power Corrupts

Asheville, NC

#5 Dec 17, 2011
E X H I B I T "A"

First, here is the criminal law MARTHA GRIST violated:
NC General Statute 14-111.4. Misuse of 911 system.
It is unlawful for an individual who is not seeking public safety assistance ... to access or attempt to access the 911 system for a purpose other than an emergency communication. A person who knowingly violates this section commits a Class 3 misdemeanor.

And here is her call, admitting it is not an emergency:

Emergency Call received by APD Communications on Friday October 7, 2011 @ 1108 hrs.
911: Asheville Police Department what's your emergency?

Martha Grist: WELL, IT'S NOT A REAL EMERGENCY, I JUST DIDN'T KNOW WHAT ELSE NUMBER TO CALL. I, I had, I'm having neighbor problems, I have a crazy insane neighbor that
you probably already know who it is but, I can't load my car up, I'm trying to take a trip and every time I go out there he comes out and starts yelling at me, he's ... I'm [redacted] he's already called and reported me, which

911: What, What's your location ma'am?

Martha Grist: I'm at 200 Aurora Drive...Yeah now he's sittin' out in his front yard staring at my house, so unless I can get someone to come here I'm not, he's gonna harass me every time I try to put things in my car, I'm trying to leave

911: Okay, what's yeah what's his address over there, do you know?

Martha Grist: It's 199 Aurora ... Larry ... Larry Smith

911: Larry

Martha Grist: I'm sure you'll recognize the name ... he's the one that had the sign out there about the police forever last year

911: Okay

Martha Grist: He's a nut.

911: Yeah what's your name ma'am

Martha Grist: Martha Grist, 200 Aurora Drive

911: Okay... I'll get somebody headed that way... Okay?

Martha Grist: Okay... I'm sorry to have to bother y'all

911: That's quite allright ... I understand keeping you, preventing you from doing something, so we'll get somebody out there, Okay?

Martha Grist: Well thank you very mucH
[end]
Martyr Christ

Mills River, NC

#6 Dec 20, 2011
Orgy of theft from Governor Morehead Pre-Schools. We steal gasoline and the use of vehicles belonging to the taxpayers of North Carolina. And you want to know why? Because scum like me CLAIMING TO HAVE A MASTERS DEGREE steal and have overburdened the oppressed North Carolina taxpayers with our thievery.

WE ARE THIEVES !
Diane

United States

#7 Dec 20, 2011
Give it a rest, Meals On Wheels Boy!
Waterloo

New York, NY

#8 Dec 21, 2011
Diane wrote:
Give it a rest, Meals On Wheels Boy!
About the only thing this extensive whine will accomplish is to provide a decent exhibit in a mental hygiene filing for Larry.

He bragged that he was in "demand" as a legal draftsman for appellate issues. What a crock.

All the blabber about a "witch hunt" is very amusing as well as disturbing. It is very clear that his mental state is slipping. This man is potentially dangerous. Even an amateur could have determined he was stalking his neighbor and anyone reading these posts know he does that on a regular basis to others. The potential danger is the acknowledgment of owning a gun and the knowledge that he has a pilots license and access to a puddle jumper type aircraft that could be used as a weapon.

The police department in Asheville must do something to force this man to get badly need psychiatric treatment before there is a tragedy. There is enormous hate in the words he regularly uses.
Security Type

Tempe, AZ

#9 Dec 21, 2011
Waterloo wrote:
<quoted text>
About the only thing this extensive whine will accomplish is to provide a decent exhibit in a mental hygiene filing for Larry.
He bragged that he was in "demand" as a legal draftsman for appellate issues. What a crock.
All the blabber about a "witch hunt" is very amusing as well as disturbing. It is very clear that his mental state is slipping. This man is potentially dangerous. Even an amateur could have determined he was stalking his neighbor and anyone reading these posts know he does that on a regular basis to others. The potential danger is the acknowledgment of owning a gun and the knowledge that he has a pilots license and access to a puddle jumper type aircraft that could be used as a weapon.
The police department in Asheville must do something to force this man to get badly need psychiatric treatment before there is a tragedy. There is enormous hate in the words he regularly uses.
Those folks that have been the target of this horse's ass should contact the city officials that he is suing and make them aware of the content of his prior threats. He is a perennial and chronic offender in the not so subtle threat area. Equally, the U.S. Senator that was the target of his venom should be made aware of his activities. This man is hate filled and appears to suffer from self hatred for the way he has screwed up a good opportunity (failed lawyer, etc). Buncy, aka Larry Smith, appears to be a time bomb. The indignant attitude he displays in his screed that someone would suggest he would stalk or threaten someone (anyone) compared to the near daily posting of threats is telling. The prior reference to a gun and the airplane cannot be overlooked. These are reasonable conclusions based on his own words.
John David Childers

Mills River, NC

#10 Dec 22, 2011
I just can't hide. I'll find a threat maybe soon and post it if and when I find it. Or will you just let me fabricate a few threats? Please just trust me. I have this writing style that gives me away. Don't believe me when I tell you I'm John David Childers because I do not even know him. I get very nervous and protective when his name pops up in usenet. But the person John David Childers doesn't even exist.

Now if I can just cobble up a few threats to publish from hiding and sniping from the deep dark woods with layers of web proxies.

Watch out! He's in the air! Danger from above!

D Hale
Asheville Official SLAPP

Mills River, NC

#11 Jan 10, 2012
So far we've been successful to chill the speech and public participation of this pestiferous guy. We got the judge to go along with us and dismiss the lawsuit. And now he's appealing. Woe is us. Woe is Bobby Oafs. Woe is our SLAPP.

And our successful SLAPP using a malignant wack as our toady to obtain a 50C order is on appeal too. Oh, woe!

Wanna know what a SLAPP is? That's what we're doing to this character who believes in the sunshine laws and legal protections against rogue city officials like Ape Wood, Ape Piper, Monkey Oast, and Ape Richardson really exist. We're slyly, systematically SLAPPing him.

We just keep on SLAPPing. More fun than organized crime. Hell, it *IS* organized crime.

http://www.thefirstamendment.org/antislappres...
Buck

Florence, AL

#12 Jan 11, 2012
Waterloo wrote:
<quoted text>
About the only thing this extensive whine will accomplish is to provide a decent exhibit in a mental hygiene filing for Larry.
He bragged that he was in "demand" as a legal draftsman for appellate issues. What a crock.
All the blabber about a "witch hunt" is very amusing as well as disturbing. It is very clear that his mental state is slipping. This man is potentially dangerous. Even an amateur could have determined he was stalking his neighbor and anyone reading these posts know he does that on a regular basis to others. The potential danger is the acknowledgment of owning a gun and the knowledge that he has a pilots license and access to a puddle jumper type aircraft that could be used as a weapon.
The police department in Asheville must do something to force this man to get badly need psychiatric treatment before there is a tragedy. There is enormous hate in the words he regularly uses.
Larry Smith is proving himself to be a good court jester!
Donna

Maiden, NC

#13 Jan 11, 2012
Buck wrote:
<quoted text>Larry Smith is proving himself to be a good court jester!
Is this the man they say is a disbarred attorney? He sure writes pretty.
Cowardly Libeller

Mills River, NC

#14 Jan 11, 2012
Donna wrote:
<quoted text>
Is this the man they say is a disbarred attorney? He sure writes pretty.
Are you judgment-proof? That is, are you worthless such that when the sheriff comes out to execute on your assets, he can find nothing but trash?

You and we are getting ready to find out. Free speech is one thing. Malicious libel is another.
James Lawrence Blacksmith

United States

#15 Jan 11, 2012
Are you judgment-proof? That is, are you worthless such that when the sheriff comes out to execute on your assets, he can find nothing but trash?

You and we are getting ready to find out. Free speech is one thing. Malicious libel is another.
Buck

Florence, AL

#16 Jan 11, 2012
Donna wrote:
<quoted text>
Is this the man they say is a disbarred attorney? He sure writes pretty.
Reprimanded, suspended and expelled for not paying his dues.
Duke

New York, NY

#17 Jan 12, 2012
Buck wrote:
<quoted text>Reprimanded, suspended and expelled for not paying his dues.
He couldn't pay the dues. Had he done so he would have been immediately subject to disciplinary action for non payment of federal and state income taxes. Failure to file and pay taxes due is a specific called out item that would result in disbarment. The tax liens were a matter of public record. By not paying the dues and escaping disciplinary action he can pretend he left the profession on his terms.

He was a lousy lawyer and watching him in action was unusually painful. But, in fairness to all, there are a number of average to poor lawyers. He fit in the lower quartile of that definition. Larry's problem was he let his dick do the thinking and a dick doesn't spend a lot of time worrying about mundane things like tax filings.
Buncy

United States

#18 Jan 12, 2012
Stop telling the truth about me or I will have you all arrested!
lying pos

Mills River, NC

#19 Jan 12, 2012
Duke wrote:
<quoted text>
He couldn't pay the dues. Had he done so he would have been immediately subject to disciplinary action for non payment of federal and state income taxes. Failure to file and pay taxes due is a specific called out item that would result in disbarment. The tax liens were a matter of public record. By not paying the dues and escaping disciplinary action he can pretend he left the profession on his terms.
He was a lousy lawyer and watching him in action was unusually painful. But, in fairness to all, there are a number of average to poor lawyers. He fit in the lower quartile of that definition. Larry's problem was he let his dick do the thinking and a dick doesn't spend a lot of time worrying about mundane things like tax filings.
Why don't you give your name and true identity while you commit libel? You wouldn't be a lily-livered coward, would you? I'll bet if I walked briskly up to you and looked you in your beady eyes, you'd mess your pants and stink up a city block.

All those liens were frauds. They were cleared by operation of law, by fighting them, and by convincing evidence that, for example, for the year 1986 IRS pulled a figure right out of the air as income and filed a $32,000 tax lien when your dear taxpayer had been on sabbatical for the entire year, had absolute proof thereof, and had not even been employed or received income for the entire year.

Don't you remember that Sen. Charles Grassley and a select Senate Committee held extensive hearings and found that the IRS had been engaging in fraud, overreaching, deceit, hooliganism, racketeering, and mob use of its powers---- and spanked the bastards?

Or were you squirting in your Depends then like you are now?
Phewwwwwww! Take a bath and a sedative.
Chickenschitt Gossips

Mills River, NC

#20 Jan 12, 2012
Always use proxy servers. Have you noticed?

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