tag:blogger.com,1999:blog-9299655.post3541244177958058032..comments2024-03-29T09:02:21.634-04:00Comments on Lehigh Valley Ramblings: Blog Defamation Suit To Move Forward, Sez JudgeBernie O'Harehttp://www.blogger.com/profile/13756311150988957401noreply@blogger.comBlogger74125tag:blogger.com,1999:blog-9299655.post-60394632595518407982013-01-02T19:40:53.656-05:002013-01-02T19:40:53.656-05:00No. No. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-44416438727184421712013-01-02T19:05:27.590-05:002013-01-02T19:05:27.590-05:00Is defamation per se a criminal offense in PA? Is defamation per se a criminal offense in PA? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-13247010155853635992013-01-02T18:21:03.689-05:002013-01-02T18:21:03.689-05:00Well, I hope she enjoys talking to herself. Well, I hope she enjoys talking to herself. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-62767121771688489632013-01-02T14:49:14.615-05:002013-01-02T14:49:14.615-05:00Wow! She is letting comments on her blog now. Anon...Wow! She is letting comments on her blog now. Anonymous ones, too. (wink, wink) Amazing!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-51586325759507051682013-01-02T14:28:25.472-05:002013-01-02T14:28:25.472-05:00Take your drug cocktail, Tricia. The most difficul...Take your drug cocktail, Tricia. The most difficult hurdle in a defamation case is whether, as a matter of law, the statements can be considered defamatory. A judge has concluded they are. From there, it will be rather easy to prove that you made or published them. The burden then shifts on you to prove they are true. And you will fail. In fact, the evidence that does exist proves that you made these statements knowing very well that they were false. It is per se defamation, and you have continued to make defamatory statements, even after the ruling against you. You have also taunted my attorney repeatedly and now are even judge shopping, hoping to find one who will tell you what you want to hear. It does not work that way. I'm afraid the only thing that will get your attention is the imposition of punitive damages. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-61435773497363222112013-01-02T14:21:00.906-05:002013-01-02T14:21:00.906-05:00Boy O'Hare, you are really off your rocker on ...Boy O'Hare, you are really off your rocker on this one. Where in the decision did you read that the Judge found her guilty of defamation? I read that he only agrees that the allegations you have made survive a demurer.<br /><br /><br />Its only defamation if YOU CAN PROVE the staements are recklessly falseAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-31942342676820152512013-01-02T11:03:51.088-05:002013-01-02T11:03:51.088-05:009:30, There is no satire or parody in false accus...9:30, There is no satire or parody in false accusations of sexual assault. That is defamation. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-54439507078232407492013-01-02T10:37:38.427-05:002013-01-02T10:37:38.427-05:009:14 & 9:24, A judge has already determined th...9:14 & 9:24, A judge has already determined this is not ridiculous litigation. His Opinion matters a bit more than some anonymous comment.<br /> <br />I have been flamed many times and have very thick skin. But just bc you're angry at me, and don't like what I say, is no excuse for wild, but very serious, allegations of criminal behavior. It is no excuse to continue making them once a suit is filed. That is republication and constitutes malice. It is no justification to continue them after a judge calls those statements defamation per se. It is no reason for taunting emails to my attorney, which started back in April. <br /><br />This is no game. You have been sued and will be required to take responsibility for your defamatory behavior. You are just digging a deeper hole for yourself. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-10934758511209358052013-01-02T09:30:55.685-05:002013-01-02T09:30:55.685-05:00BOH 2:44 - Are you new to the internet, satire, an...BOH 2:44 - Are you new to the internet, satire, and parody? Apparently you are. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-37328225844493225352013-01-02T09:24:52.370-05:002013-01-02T09:24:52.370-05:00I neither encourage nor instigate anyone. I thiink...<i>I neither encourage nor instigate anyone. I thiink both of you are crazy. Your over the top response shows your own intolerance and instability.</i><br /><br />The sense I get is that BOH has been welcomed to the world of the internet, is a dick to everyone, and now it has come back to bite him. In an attempt to save face, he is wasting the courts time to lash out legally rather than the typical tactic employed on the internet for the last two decades - take the flames like a man. Most of us have been flamed on the internet at one point or another. But most of us don't go around attacking people publicly. Why bring all of this bad mojo on yourself, man? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-59083412058066692032013-01-02T09:14:12.463-05:002013-01-02T09:14:12.463-05:00Thanks for pissing away my taxes on ridiculous lit...Thanks for pissing away my taxes on ridiculous litigation.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-49618552587824098492013-01-01T14:44:30.270-05:002013-01-01T14:44:30.270-05:00Instead of feeling the slightest bit remorseful, s...Instead of feeling the slightest bit remorseful, she sent several emails taunting my attorney, Rick Orloski. Then she published <b><i>five </i></b>vitriolic blogs replete with the same kinds of defamatory accusations that got her sued in the first place. She includes a photoshopped picture of Orloski's head, between and under her legs for some reason.<br /><br />I hope he enjoys the view.<br /><br />She also published a photoshopped picture of West Easton Boro Council Prez Kelly Gross, designed to make her look obese. If you click on it, you get a website saying, "Pray the Devil Back to Hell." That theme also appears at the tail end of her <a href="http://www.youtube.com/watch?feature=player_embedded&v=6r81GaeNprc" rel="nofollow">most recent gun video,</a> along with the West Easton Boro webpage.<br /><br />No threat there. <br /><br />In November, Mezzacappa was found <a href="http://ujsportal.pacourts.us/DocketSheets/MDJReport.aspx?docketNumber=MJ-03212-NT-0000452-2012" rel="nofollow">guilty of disorderly conduct </a>after threatening to drag Gross to the river and drown her. She has not appealed the decision, and is paying $30 per month. <br /><br />Her actions this weekend are a continuation of the libel, a republication, and it constitutes malice. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-378385492124967242013-01-01T08:35:56.408-05:002013-01-01T08:35:56.408-05:00Her latest blogs on Orloski are pure gold, she exp...Her latest blogs on Orloski are pure gold, she exposes some of her insanity in the form of an email exchange with B.O's attorney.Porcine Earlnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-85106210226337455392012-12-30T19:04:10.775-05:002012-12-30T19:04:10.775-05:00Trish is really hot.Trish is really hot.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-81447244725930466432012-12-30T09:38:36.979-05:002012-12-30T09:38:36.979-05:00My lawyer Jackie Childs has been spending his enti...My lawyer Jackie Childs has been spending his entire Festivus Holiday breaking down the ruling from the Honorable Judge Smith and informed me that all my assets should be ferreted out of the country post haste.Vincehttps://www.blogger.com/profile/09218405134583187136noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-3965393364855977072012-12-30T09:20:17.453-05:002012-12-30T09:20:17.453-05:00My guess is 90% of readers here know full well who...My guess is 90% of readers here know full well who the Blog Mentor is. I sure do. Other boards correctly name him.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-91648476873170754202012-12-30T02:52:39.763-05:002012-12-30T02:52:39.763-05:001:34, I will listen to what my attorney tells me. ...1:34, I will listen to what my attorney tells me. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-66356897375450442902012-12-30T02:11:14.044-05:002012-12-30T02:11:14.044-05:00Will the "Blog Mentor" be in violation o...Will the "Blog Mentor" be in violation of your previous settlement terms if he is id'ed by TM in the discovery process? Perhaps the undefeated champion of the blogosphere will suffer his first loss, oopsie!Bobby Gunther Walshnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-64303310854687842982012-12-30T01:34:16.557-05:002012-12-30T01:34:16.557-05:00Without Mezzacappa naming names it will be tough t...Without Mezzacappa naming names it will be tough to get past her. <br />Even if she does, there is an entirely different set of hurdels. However, based on what you have said. You may have something with the "bv" thing. Maybe.<br /><br />I still think the Gracedale blog deal is a stetch but who knows. People can show sympathy for a person without condoning their actions or hold responsbility for their words. Very high burden of proof.<br /><br />I have no doubt you will win at least a limited suit against Mexxacappa, what that amounts to in $$ is questionable but I don't think the money is your major concern.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-23797225168331677832012-12-29T21:39:35.895-05:002012-12-29T21:39:35.895-05:00That is true. I had to delete the comment bc of th...That is true. I had to delete the comment bc of the name but responded to your contention. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-50982445876307504992012-12-29T21:18:35.750-05:002012-12-29T21:18:35.750-05:00What you "believe" you are entitled to a...What you "believe" you are entitled to and what you get are two different tings. By the way, my post was not mean or bad in any way. Other than mentionng the name, I don't think it was unfair of mean or anytihng but an opion. I dodn't know there wasa a no name policy.<br /><br />By the way you failed to mention I wished you and all a Happy Festivus.<br /><br />Now lets wrestle!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-80441371544859321992012-12-29T19:43:46.926-05:002012-12-29T19:43:46.926-05:00I've deleted a comment referring to a person w...I've deleted a comment referring to a person whose name can't be mentioned here. Previously I have been told my lawsuit is nonsense and a waste of the court's time. Now, I am being told what I will be able to discover. <br /><br />Here's reality, which is not always the same as anonymous comments on a blog. A very busy judge spent 39 pages explaining the law of defamation to everyone. It's actually a quite helpful guide. As busy as he is, this case was apparently important to him, probably bc of this relatively new form of communication. <br /><br />To the extent my discovery is regarded as over-reaching, I will back off. I am interested primarily in this case. <br /><br />Months ago, Interrogatories and a Request for Production of Documents were served on Mezzacappa. She has not responded. I have not pushed it bc i was waiting for the decision. <br /><br />On December 19, 2011, she published the Supreme Court Order suspending me. That's fine. It's public record. But it includes a handwritten note, “Enjoy! BV”. Who is this person? Did he email or send her that Order? I've asked her to provide all details on how she acquired it.<br /><br />Has she allowed this person, posing under numerous pseudonyms like “Worth Repeating Department”,“Blog Coach”, “Blog Mentor” and “A Convenient Friend,” to post comments on her moderated blog? <br /><br />On November 26, 2011, she said this to “Blog Mentor.” “Thanks again for all your help. The forwarded photos and videos might come in handy. And thanks again for stopping by to teach me how to upload, download, and link items onto the blog. You have been like an angel from heaven … and I am truly grateful for all you have done. And also, your phone calls to the people in the right places are greatly appreciated.” <br /><br />I believe I am entitled to know:<br /><br />(a) the name and address of “Blog Mentor;”<br />(b) a description of the photos and videos provided; and <br />(c) the identity of the persons, by name, address and phone number, that the “Blog Mentor” contacted on her behalf.<br /><br />I believe I am entitled to know the name and address of each of her contacts at the IRS, which she claims to have through her deceased father, who apparently was a prominent IRS attorney.<br /><br />I believe I am entitled to know which of these IRS contacts told her that there are over 300 complaints filed against Ron Angle.<br /><br />I believe I am entitled to know which IRS contact told her that her complaint against me was misplaced.<br /><br />If she was lying, I am entitled to know that. <br /><br />I believe this discovery is entirely appropriate and helps me prove malice against her. I'll be ore than happy to litigate this and a few other points.<br /><br />But thanks for your anonymous advice. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-65750597478978062882012-12-29T15:56:31.483-05:002012-12-29T15:56:31.483-05:00Worried? You should be. Worried? You should be. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.comtag:blogger.com,1999:blog-9299655.post-65895058334109390442012-12-29T14:46:56.760-05:002012-12-29T14:46:56.760-05:00Agree with 9:25, after reading the opinion that is...Agree with 9:25, after reading the opinion that is my take as well. The opinion made it clear the court is going to stick to specific facts and I doubt it woill allow Bernie to go on a witch hunt other than one and with that only a few things she said.<br /><br />The "conspiracy theory" will get as far as the gunman on the grassy knoll.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9299655.post-47672982032979238252012-12-29T13:41:10.661-05:002012-12-29T13:41:10.661-05:00"any monetary reward will be insignificant, d...<em>"any monetary reward will be insignificant, difficult to collect, and washed away by legal fees."</em><br /><br />I have been libeled and continue to be libeled, even after the judge's decision. All of this takes a toll on me personally. The only way to make her stop is to punish her, with punitive damages, to make her think twice. That will be up to a jury. Bernie O'Harehttps://www.blogger.com/profile/13756311150988957401noreply@blogger.com