Wednesday, June 04, 2014
Mezzacappa's Argument For a New Trial
You can guess what's going to happen there.
In my defamation case against her, where a $67,140 verdict in my favor is now worth $67,890, she filed Post Trial Motions. She also filed an appeal, which was quashed by the Superior Court.
Her Post Trial Motions are a trip into Bizzaro world. She never filed a Brief. At oral argument last week, Judge Michael Koury said the only legitimate issue that she has not waived is her claim that she was never notified of the trial. He directed us both to file briefs.
Mezzacappa did so on Monday. She attached a copy of the Supreme Court's suspension of my law license. That'll show me.
She argues she was never notified of the non jury trial in March, even though a certified mail notice was sent to her, and returned "unclaimed." Snow storms disrupted her mail for an entire week in February, says she, and she only got limited mail for several weeks after because the postman slipped and fell on his ass when trying to deliver her mail.
She supposedly apologized, something I find very hard to believe. She then goes on to say that she positioned a chair at the edge of her porch, and duct-taped a make-shift mailbox, so her mailman could deliver to her without falling on his ass.
Then she fell on her ass.
Mezzacappa decided to place mats all over her porch, and shoveled not only her own property, but several adjacent properties as well, just to be safe.
And she took pictures.
Then two more people fell on their ass.
Though she tells the judge that she regularly receives certified mail, the post office "failed to make delivery, failed to leave pink slips, etc."
Interestingly, she never subpoenaed her mailman to back her up in court.
Maybe he fell on his ass.
Well, I did call the post office that delivers her mail. I learned they were there every day, even during the worst of the snow storms. But what about certified mail? I was told all I had to do was look at the numbers on the envelopes, feed them into USPS.com, and I'd learn whether delivery was attempted. They're called tracking numbers, and Mezzacappa probably should have thought about that before inventing her ass-falling story.
The certified mail notice of her December trial was delivered to her residence on November 27, 2013. She never bothered to get it, and the mail was returned "unclaimed."
The certified mail notice of her March trial was delivered to her residence on February 12, 2014. Like the previous notice, she never bothered to pick it up, and the notice was returned "unclaimed".
Mezzacappa basically attempted to mislead the court. While she can claim that the wind blew her notices away, or that I slipped in there and stole it without falling on my ass, it's pretty clear that she was being deceptive on the one issue that mattered to the court. She would have been better off claiming that the dog ate it.
Attorney Richard Orloski filed our Brief yesterday, and pointed all this out, minus the ass-falling. I can't imagine that Judge Koury is going to be too happy to learn that Mezzacappa tried to shnooker him. Unsworn false statements to authorities and all that. While you never know what is going to happen in a courtroom, she appears to be in bad shape, and may face other consequences for her attempt to mislead the Court.
In the meantime, she's persuaded Larry Otter to enter his appearance in the case where I'm suing her. But she filed the brief under her own name.
He must be on stand by.