Thursday, March 22, 2012

Election Law Expert Otter Goes to the Supremes ... Late

Gracedale Initiative windbag Larry Otter has been demanding attorney fees from Ron Angle and yours truly for some time. Before we ever even filed our legal challenge to a referendum on the sale of Gracedale, he wanted us to fork over $14,000. Never mind that he had only been paid a grand total of $500 by the Initiative Committee.

After all, he's an election law expert.

We passed on the Otter's kind offer. We're not experts. In fact, as people like to remind me every day, I'm a disbarred lawyer. But even I know that, under the Election Code, courts have no authority to award attorney fees. On top of that, there's this little thing called the First Amendment. That gives us a right to petition our government for the redress of grievances. Without that right, access to the courts could be limited to only those who can afford it, as it is in England.

The plain language of the law and the Constitution mean nothing to hungry otters, I've discovered. He's filed at least four separate motions for attorney fees. He's been bounced every time. He's even had to pull one of them himself. He's attempted to collect from Executive John Stoffa, too, even though he's not a party to our challenge.

Things got real ugly last Summer, when I learned that the Otter likes trying his cases in the press. Before I had even seen his latest motion, I was reading about it on WFMZ-TV69. The Otter was demanding a criminal investigation, and was comparing us to Bonusgate, a connection that nobody but the Otter himself has ever understood.

In television land, he was claiming we could be going to jail.

People love to believe the worst about their fellow man, so I took quite a few hits here. At the courthouse, searchers spoke about me in hushed tones, as if I were already dead. I'm sure that these unfounded and completely baseless allegations were no help to Ron Angle in his bid for re-election.

The Otter's motions became increasingly nasty. He began accusing all of us of lying to the Court. I was accused of perjury even though he never specified exactly how anyone lied or committed perjury.

After what seemed like an eternity to me, Judge Baratta finally tossed Otter's claim, telling him he had utterly failed to connect the dots. Assuming that everything he said was true (and it's most definitely untrue), the Otter could never establish that Angle or I did a damn thing wrong. In fact, as Judge Baratta himself noted, we came damn close to winning.

"I'll be back, your Honor," said the Otter, although he sounded nothing like Arnold.

"I'm duly warned," replied a bemused judge.  

Naturally, the Otter and Initiative Committee appealed Baratta's rejection to the Commonwealth Court. I filed a three sentence brief, and on March 8, President Judge Dan Pellegrini quashed Otter's appeal.

Right after that, the Gracedale crowd he represents began demanding Council and criminal investigations. Again.

And again, I learned from WFMZ-TV69 on Tuesday (3/20) that the Otter is now asking the State Supremes to give this matter a once over. Neither Angle nor I had even been served with this latest appeal, which is another one of the Otter tricks. Although I see no evidence of an appeal at the state website, the TV station knows all about it because the Otter made sure it knows all about it.

Of course, nobody from the TV station called either Angle or me for our side of the story, even though we've won at every level.

Yesterday, in an envelope postmarked 3/20, the same day that the Otter spoke to the press, I received Otter's petition for allowance of appeal with the Supreme Court. He includes a March 19 letter addressed to the Clerk for filing.

It appears that the Otter may have screwed up again. You see, appeals in election cases have to be filed within ten days. You'd think an election law expert would know that much.

Looks like he's at least a day late.


Anonymous said...

I believe that Otter is deliberately filing late. He knows there is no real merit to his arguments and now the Supremes can dismiss simply because it’s too late. In the meantime he gets press and gets to keep adding to his bills. There really ought to be some type of penalty for constantly filing suits with no merit and routinely late. Shame on WFMZ-TV69 and others for giving him just what he wants and making no effort to broadcast the other side. Otter is using the court filings for publicity and that’s just wrong.

Anonymous said...

Ten days would have been the 18th.

The 18th was a Sunday.

As a general rule, if the day a filing is due isn't a day on which the courts are open for business, the filing is OK the next day.

Which appears to be when the letter was sent to the clerk for filing.

It'd be surprising for a court of discretionary appeal to hear something like this, but I don't think the filing is actually late if it got in on the 19th.


Unfortunately for you the certificate of mailing says March 19 making it a timely filing since March 18 was a Sunday
You were timely served with the petition.
hope your filing is on time


it is not when you receive it or when your copy was postmarked that counts.

Bernie O'Hare said...

Mr. Otter,

It is not the certificate of mailing that counts, but the actual postmark. You represent that you mailed your appeal on 3/19, but the actual postmark reveals you did not do so until 3/20.

You are a day late.

You also falsely assert in a filing to the Supreme Court of Pennsylvania that you served us a day prior to the date you actually did so. Whether this false assertion was made intentionally, or is just sloppiness, is not for me to decide. You were more concerned abut serving WFMZ-TV69 than you were in following the rules of appellate procedure.

I'll be raising this and other matters in my brief reply to your filing.

I have spoken to Mr. Angle, and when the Supreme Court dismisses this matter, we intend to pursue a claim against you and your clients on the Gracedale Initiative Committee. In an effort to intimidate us into silence and discredit us, you and your clients have done much more than pursue baseless litigation. You have engaged in a campaign of cyber bullying and outright defamation. From allegations about pedophilia and penis size to your comments having us going to jail, the goal all along has been to silence people whose views differ from yours. I have seen my home address posted on the Internet, with invitations for people to come to my house. I have seen people hope that I die of an aneurism. I have been accused of stalking for merely visiting LU to talk to a class. Ron Angle, his wife and his children have been accused, falsely, of will forgery, theft and public corruption. I have been falsely accused of burglary and stalking. There have been persistent efforts to prevent me from earning a living. Virtually every person I talk to is contacted and warned to stay away from me. I have been falsely accused of driving drunk. I have had cameras knocked out of my hand. When Angle and I were scheduled to appear at a local government seminar at NCC, a jihad was launched against this college, attempting to dissuade them. When that failed, Martinez falsely claimed the event had been canceled. This has been a concerted effort by a group, and you are very much a part of that group. We have had enough.

Bernie O'Hare said...

" I don't think the filing is actually late if it got in on the 19th"

Agreed. His letter is dated the 19th, but was not actually mailed until the 20th, a day late.



Bernie O'Hare said...

We'll see how much you're laughing in a few months.

Anonymous said...

It is about time you "had enough"

Otters and goons are slimmey!

Anonymous said...

I agree. I voted to keep Gracedale, Bernie, but those people are really vicious.

Anonymous said...

5th times the charm in marriages AND appeals.

Anonymous said...

Good for you Bernie. This guy is a publicity seeking parasite.

Anonymous said...

I never knew Otters were such stupid creatures.

gruntled said...

("I'm duly warned," replied a bemused judge.)
I'm almost starting to like the guy. Almost.

Whereas, Otter is what? Seeking attention? Does he get paid for being an idiot? Just plain hateful?

Bernie O'Hare said...

"If the petition for allowance of appeal is transmitted to the Prothonotary of the Supreme Court by means of first class, express, or priority United States Postal Service mail, the petition shall be deemed received by the prothonotary for the purposes of Rule 121(a) (filing) on the date deposited in the United States mail, as shown on a U.S. Postal Service Form 3817 Certificate of Mailing or other similar United States Postal Service form from which the date of deposit can be verified. The certificate of mailing or other similar Postal Service form from which the date of deposit can be verified shall be cancelled by the Postal Service, shall show the docket number of the matter in the appellate court below and shall be either enclosed with the petition or separately mailed to the prothonotary."

Unless he has a US Postal Service certificate of mailing dated 3/19, his appeal is dead.

Anonymous said...

Bernie you might want to warn your posters that when your lawsuit is filed, all
anon posters will become
"Dat's Who"
Because their I.D's and comments will be pertinent to your case.
Same goes for the "goons"
So people should think twice before they post here or there.

Bernie O'Hare said...

The only persons who have anything to worry about are the Gracedale Goons, and I know who they are. Lousy and transparent try at attempting to dissuade readers from commenting.

Anonymous said...

I think the court will throw Otter, You, Angle and anyone else out regarding this matter. Sometimes, one is forced to grow up.

Good God I don't pay taxes to waste the courts time with vendetta and counter vendetta.

Bernie O'Hare said...

I am sick of this kind of argument. You are posting anonymously. Tell me how you feel when people start posting your address on the Internet and tell people to visit you; when they wish for your death; when they accuse you of being a pedophile; when they accuse you of burglary and stalking; when they call people with whom you do business and tell those people not to use you; when they get physical with you; when tehy smash your car windows; when they tell a news station that you're going to jail; and file nonsensical litigation that last 13 months. ALL of this is beyond what anyone should reasonably expect. So basically, I don't give a shit what you think.



Bernie O'Hare said...

It does not matter what your self-serving certificate of mailing says. What matters is the US Post Office certificate of mailing says. And since my envelope is postmarked 3/20, to believe you I'd have to believe you made two trips to the post office on two days for one appeal. I don't believe that. I have made a call and will find out.

I also find it very interesting that your appeal has not been docketed.

Anonymous said...

Bernie I don't think you have proof of much of what you said.

1. Posted address.....nope
2. Tell people to visit you...nope
3. Get physical with you...nope
4. Smash your windows....nope

Maybe these things but probably don't rise to a crime

1.Calling people about your business.....meh...maybe
2. Telling the station youre headed to prison....meh.....
3.Non sensical appeals
4. Accusations of burglary and stalking....meh....crazy lady

Now the one that I would think would stick is the pedophilia accusation. To begin with that is just a terrible thing to do or say about anyone, even a enemy. I would have gone to court immediately on that one. I give it a .....yes

I think its' the only one that has credence. And you could win.

Bernie O'Hare said...

Except for the smashed windows, I can connect them to everything. I am not going to discuss this on this blog from this point. It will be discussed where it matters.

Anonymous said...

Bernie these supposed Gracedale Supporters are the worst group of nasty viscious animals i have ever seen. They stop at nothing and attempt to intimidate with fear and bullying. The day will come when Gracedale won`t be sold but given away and they will be the ones that closed Gracedale not sold it. Time will prove this right .

Anonymous said...

People wondered when you Angle and Stoffa would figure out some wild attempt at revenge for Gracedale. People were waiting for the other shoe to drop and it sounds like it just did.

If you and Stoffa would just spend as much energy on trying to make Gracedale work as opposed to consistently trying to destroy it and demean any and all who support it, you might be taken seriously.

You are just a bully who appears to have had another bully stand up to you. I doubt the court will have much interest

Anonymous said...

Otter is an envious frustrated pathetic underachiever who attacks people who have surpassed him professionally and personally in life. His antics only continue offering evidence of such.

Anonymous said...

That isn't one of the descriptive adjectives that can be used with confidence.
I would wager you should be so fortunate in your endeavors.
Definition applied incorrectly.

Anonymous said...

Very true. Otter can't get any attention on his own since he is for all intents and purposes, a failure. The only way he is able to be noticed is attacking people who are successful, in the public eye

Anonymous said...

And O'Hare is successful in the public eye??


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