About Me

My photo
Nazareth, Pa., United States

Friday, November 07, 2014

Offensive Blog Posts Can Get You Convicted of Harassment

West Easton troublemaker Tricia Mezzacappa is something of a legal trend setter. Thanks to her, we know that bloggers like her can be held responsible civilly for their online lies. I have a $67,140 judgment. We now also know that online taunts like those she likes to dish out can get you in criminal trouble, too.

Yesterday, she lost her appeal of a harassment conviction arising from an incident that occurred last year, both at West Easton Borough Hall and on her blog. A three-judge panel of the Pennsylvania Superior Court ruled against her, less than a month after oral argument. The 12-page decision, penned by Judge Patricia Jenkins, affirms rulings by Northampton County Judge Craig Dally, as well as Magisterial District Judge Richard Yetter.

Mezzacappa's conviction for harassment is the result of both online taunts directed at a West Easton Borough Council Clerk, as well as threatening and abusive behavior that included constant kicking and banging at the doors to Borough Hall after being told to wait for a police escort.

"We're afraid of her," the Clerk told Judge Yetter at the time of her original trial, in which she described Mezzacappa's fantasies of putting a hollow point bullet through my skull. She also described a bizarre gun video made by Mezzacappa, containing words like "You better outrun my gun" and ending with a coffin and a picture of the West Easton web page.

"That's not what a normal person does," said this Clerk. "I really believe she would do these things. She doesn't seem reasonable to me. "

She complained that prospective employers and even her children can see the hateful and hurtful things Mezzacappa has posted about her.

"I just would like it to stop," she told Judge Yetter. "It's relentless. I don't want to come to work now."

She eventually did quit her job and now works in another municipality.

Mezzacappa was convicted by District Judge Richard Yetter, who imposed a $200 fine.

"This is the second time," Judge Yetter told Mezzacappa. "I don't want to see you back here." A few moths before, Judge Yetter convicted Mezzacappa of disorderly conduct following a summary trial in which two witnesses testified that she had threatened to kill West Easton Borough Council Prez Kelly Gross.

Mezzacappa appealed for a de novo hearing, and sought several continuances based on claims of illness. When she went to trial before Judge Craig Dally, she had a Philly lawyer by her side.

It made no difference. She was convicted again, but Judge Dally increased the fine to $300. That is the maximum allowed.

Claiming poverty, Mezzacappa was granted permission to appeal her conviction to the Superior Court.

At oral argument, she was represented by Bucks County lawyer Larry Otter.
Mezzacappa’s disconcerting and offensive blog posts, in addition to her verbal insults to Garcia, suffice to establish that she engaged in a course of conduct that served no legitimate purpose and annoyed and/or alarmed Garcia.
The Clerk testified,
“[Mezzacappa] runs a blog called West Easton Footprint where she’s posted videos of guns and caskets next to the borough hall, and she’s made open threats against council people . . . . [Mezzacappa refers to me as] super tub. I’m giant [Clerk].” Consistent with Mezzacappa’s pattern of calling the clerk derogatory names, [she] further testified that, on the date at issue, Mezzacappa stated [the clerk] outweighed her by 400 pounds, that she was concerned what Mezzacappa would write next on her blog, and whether her kids would find these hurtful comments when searching the internet for her name."

Blogger's Note: You can see the Opinion here.


really disgusted said...

at some point isn't a mental exam appropriate?

Anonymous said...

Big surprise. This bitter, ragged menace is a leech on society. It's hard to believe she abuses the court system in this manner.

Words do matter, and First Amendment doesn't give you the right to harass and libel others.

Next she is going to claim these judges got it wrong, just like all the others that ruled against her. She's always right, in her twisted brain.

Anonymous said...

@12:42 What's the point of administering an exam, when you know the grade will be F?

Anonymous said...

She got her ass kicked in that opinion. Once again, representing herself, she shot herself in the foot. They gave her the option of a continuance, and she said "nope, I don't need no stinkin continuance," and as a result gave up the opportunity to challenge the issues she tried to litigate later. That's a shame.

Love the part in the opinion where Garcia called her a "fucking bitch". Right on target, Jill! How were the home baked cookies?

It must suck to have a rap sheet. Read em and weep.

Anonymous said...

Gregory is her knight in shining armor, expect to see them both at the first county council meeting after his release.

Anonymous said...

For what purpose, comic relief?

She needs a lawyer in shining armor, not a mentally ill ex-con.

Anonymous said...

For God's sake please leave this poor young woman alone. You continually fixate on her. No wonder she is afraid of you.

Your obsession is just plain creepy and somewhat scary.

Anonymous said...

strange since Garcia failed to introduce into evidence these "blog posts"

Anonymous said...

Thats great. Now O'Hare can be tried and convicted of harassment every day of the year!

Anonymous said...

So after all that, she got a $200 fine? Shit, thats like running a stop sign.

Anonymous said...

For God's sake please leave this poor young woman alone. You continually fixate on her. No wonder she is afraid of you.

Your obsession is just plain creepy and somewhat scary.

If this was any private citizen, I'd agree. But she has inserted herself into public policy and has held office and sought office last year, I believe.

Her lunacy being reveled is a good service to the voter.

Anonymous said...

Shes been renting 99% of the space in your twisted head for the last 4 years, and you continue to validate the well known fact that you cant stop.

Stalking is a crime

you were dumped, move on

Anonymous said...

"For God's sake please leave this poor young woman alone. You continually fixate on her. No wonder she is afraid of you.

Your obsession is just plain creepy and somewhat scary."

You need to check your facts. There is no cause to leave this woman alone. She is a menace to society, and runs for public offices. People need to know her obsessive and vindictive nature - there is no place in elected office for people like her.

She libeled Bernie, and fraudulently attempted to avoid paying him the judgement he was awarded. She harassed this woman, and refused to accept the verdict. She's threatened people's lives.

This stuff is news. You may not like hearing these things about yourself, but they are true. You're song and dance of "leave this poor woman alone" is laughable.

Anonymous said...

stop staking this woman

Anonymous said...


A while back you reported that Mezzacappa filed an appeal to get the Court of Common Pleas to approve her application for a license to carry concealed firearms. I think you said her case was scheduled for trial in December. This unanimous decision by the Superior Court can't help her prospects next month. The judges acknowledged she engaged in a course of conduct that included "prior bad acts" against a municipal clerk and "other borough officials." Among those prior bad acts were threats to kill an elected office holder. By taking this ill-advised appeal to the Superior Court, Mezzacappa succeeded in adding one more negative result to a Google search of her name.

Anonymous said...

The last thing this woman needs is a license to carry around a concealed firearm. She can't keep her control of herself when in public, and relishes conflict and insisting she is right when everyone else including judges says she is wrong.

Bernie O'Hare said...

9:29, actually, it's $300 and considerable costs on appeal and the certain knowledge that she will go to jail if there's a third time.

Anonymous said...

outstanding rebuttal on WEFP today

Anonymous said...

Don't think Joan is going to capitulate to you and Rick O's little charade, too bad the Thode case got dumped maybe his taser girl will be the windfall he so desperately seeks.

Bernie O'Hare said...

"outstanding rebuttal on WEFP today"

I read your rebuttal and it is far from outstanding. You simply continue your path of libel and online harassment, repeating claims for which a libel judgment already exists.

The place for you to argue your innocence is in court, not the blogosphere. A judge who I opposed when he ran for office ruled against you and in favor of me. Three judges who are outside the Lehigh Valley concluded you were indeed guilty of harassment.

You are noiw going to have to pay your fine, and when you ask for financial arrangements, I will be there to determine where your assets are hidden.


Anonymous said...

Is she related to Karen Beyer???

Anonymous said...

malignant criticism, non stop badgering, obsessive daily taunts, wildly persistent harassments, toxic blogs, sidebar references, photos posted without permission, stalking payment arrangements, finding legal opinions, posting legal opinions, finding polcie reports, posting police reports, finding OOR cases, posting OOR cases, looking through docket files in Norco,

and who is it who has the problem, and is a verifiable obsessed nutbag?

no wonder she wants a LTCF

Bernie O'Hare said...

"and who is it who has the problem, and is a verifiable obsessed nutbag?"

I believe that question has been answered. Several times. In court.

You take great offense at criticism, but think nothing of posting outright defamatory lies about other people, including me. You taunted a West Easton Borough Clerk and now will pay the price. Legal opinions written about you, along with the unflattering police reports, are all a matter of public record, and are usually posted just once, when they are relevant to what is being discussed.

As far as photos go, I have a right to use photos of you that have been sent to me by the photographers or that i have photographed myself. You have no copyright rights in them. You, on the other had, have routinely stolen my pictures as well as the work of other photographers, and have had material removed as a result.

You appear to have an unhealthy obsession with me. You also appear to have some sort of penis fixation bc every time you dislike what a male is doing, you post comments about the size of his penis.

Your reputation in the community is that of a mentally unstable person. Your reputation in the community od that of an untruthful person. I have seen evidence of both first hand.

Now you have lost again, in Superior Court, and the public needs to know this so that when you run for West Easton Boro Council or County Council or whatever, everyone knows who and whatyou really are.

Anonymous said...

yep, thats the old MO, when someone defends this woman who has been hijacked of every single right under the constitution.

Come back on, falsely attribute the comment to being her, because you cant stand the fact that anyone defends her.

Grow a set, and move on with your pathetic obsessive existence.

Woman bashing is your new career, and just proves what a miserable bully you are.

Bernie O'Hare said...

Tricia, It's no secret that you hate criticism. It's also no secret that you post numerous comments anonymously and under made up names. You do it even more at Lehigh Valley Live. You, the blog mentor and Henry Schaaadt are responsible for a lot of the hate directed at me. And then you blame me of doing what you do. I only post as me.

Anonymous said...

your 4 year stalking obsession is getting old and more frightening by the day

Joey Shabadu said...

Marty dees has not blessed us with a video of any WEaston meetings as of late, the dynamics between gavel slamming Kelly Gross, senile Lucifer Lou Nikko, Tom Noodlebrain, and Dandy DePaul are cinematic gold. Has Dees been caught up in the recent shutdown of the "dark" web , or is he on a feral cat safari? What say you WestEastonPa?

Bernie O'Hare said...

The above comes from Mezzacrazy or her equally insane Blog Mentor.

fletch said...

Trish: seriously, get help. I know where you're coming from. Get help. It's over. Yes, bernie is way creepy. You're too out there. Get help.

Anonymous said...

I would appreciate it if you would cease and desist from false comment attribution. You have named me as the author of comments I did not make. ...on this thread and others.

Coincidentally, at oral argument, in Superior Court, Judge Wench ripped into Schlottman so badly, that I thought we had a reversal in the wings.

........"Are you kidding me? Name calling? I dont see the crime in this....do you know how many times people call me names? Why is this a crime?"

Suddenly, he affirms.....if you dont believe me, ask your lawyer who was seated behind us. He heard the whole thing.

Why dont you attend the West Easton Council meeting monday to ask why they refuse to fax records for RTK law requests? Seemingly, anything I say at Borough Hall winds up in the criminal docket system, simply because I show people the same level of respect that is directed at me.

Why bother getting into verbal discourse, yelling obscenities at one another and filing complaints? Wouldnt it be easier to just fax or email? They complain that I threaten them ( a huge lie) but refuse to email / fax?

Doesnt that take the wind out of their sails? I think it does...

Did you catch on video where Kelly Gross falsely accused Dan Depaul of threatening and harassing/ assaulting a clerk when he was denied public records?

Is this a pattern? I think so

Is there a Federal Lawsuit in the wings ? I think so.

Tricia Mezzacappa said...

I made the above comment, but my name didnt appear

Bernie O'Hare said...

Your name did not appear bc you are used to posting anonymously and under fake names. The fact that you are posting now just proves my point. You hate criticism, and get goofy when you see it.

Also, whatever happened in oral argument is irrelevant. All three judges ruled against you. You have been found guilty of harassment at the magisterial level, the common pleas level and in the Superior Court. It's time for you to recognize your behavior is inappropriate.

You are an intelligent woman, but have terrible judgment and do not know how to interact with others. You are also a terrible liar, and people who listen to you for more than five minutes realize your difficulties. You really do need help. You don't score any points with anyone by making outrageous accusations or discussing penis size.

Tricia, I hate to break this to you, but few people other than those directly involved care very much about your war with West Easton. What the do see is that you have been found guilty of disorderly conduct for threatening to kill its Boro Council Prez. They see that you have been found guilty of harassing a poor clerk. You have not painted a pretty picture of yourself.

Over this time, you have wasted countless hours and thrown your mother's money at problems that are of your own creation. Isn't it time for you to recognize that the problem might very well be you?

The pity here is that you are an intelligent woman and could do a lot of good. You could be a positive force, but are hampered by the demons in your mind. They make you do and say ugly things, and make you an ugly person. I am not saying this to be mean. I do not hate you. I would like you to snap out of whatever has grabbed hold of your good senses. Please think about this. I sued you bc I had no choice. Nobody wants to hurt you, but you are leaving me with no options other than pursuing the remedies to which I am entitled. I have hesitated, hoping you come to your senses. But you are like a ship with no rudder.

Anonymous said...

"The pity here is that you are an intelligent woman and could do a lot of good. You could be a positive force, but are hampered by the demons in your mind. They make you do and say ugly things, and make you an ugly person."

Is this part of your autobiography Bernie? Pot meet kettle.

You guys sound like an old married couple. Make up and move in together already.

Bernie O'Hare said...

Go away Blog Mentor. Call Bobby Gunther Walsh. Nobody gives a shit about your war, either.

Tricia Mezzacappa said...

I am sure Jill Garcia will not be making these complaints at her new job because

1. Wilson Borough does not torment people over public records

2. They post most things online

3. They do not make it impossible for people to get information by requiring a RTK Law request for every single solitary thing.

Blame me for being a harasser, but sometimes people show their frustration over situations that have no place in civilized governemnt at all. This happens nowhere but in West Easton.

I almost had the case won at appellate level. Schlottman got a stern warning, that was well deserved. SC cannot be a "fact finder" and are constrained by caselaw which makes it almost impossible to overturn a judge.

I thought I had it by Judge Wencht's reaction.

They should fax and email all RTK requests, but they wont, because they thrive on conflict and wasting taxpayer money. Who paid Schlottman for her all day event in the city of brotherly love?

What a waste of time. Garcia admitted on record to shouting obcenities at me. I guess the First Amendment only applies to certain people.

Go to the council meeting and ask why they refuse to fax documents....they will call the cops on you, like they do to me.

Anonymous said...

From TM's latest history re-write: "I was not served with notice of trial, and had no opportunity to provide defenses"

This is total nonsense. The judge probed this exact area, and it was briefed by the parties. The judge found that there was no evidence that TM did not receive notice.

Another attempt by TM to rewrite history and ignore facts.

Bernie O'Hare said...

I direct you to my earlier comment. There is no question that West Easton should not 30-day you over a minutes request. There is no question they should be online. But your behavior has led to theirs. Nobody really cares about your war with West Easton except for those directly involved. Your attitude has resulted in their attitude. That is what happens.

What people do care about is

(1) a disorderly conduct conviction based on death threats against the West Easton Boro Council Prez;

(2) a harassment conviction based on your abuse of a clerk who does not set borough policy;

(3) a defamation judgment against you for $67,140.

Those all mean something, and they show up when you apply for a job.

You can listen to the blog mentor, who is insane. You can listen to Gregory, a woman abuser who is also insane and in a state prison. Or you can recognize that maybe, just maybe, there is something wrong with you.

You are an intelligent woman. I do not hate you. You have a master's in business. You have a nursing degree. You are capable of doing a lot of good in this world. Unlike me, you are still young and have many more years ahead of you. Don't you want them to be good? They can be if you seek help. There is no shame in having a mental illness. I am sure that, with the right kind of help, you could be both a productive member of society and a much happier person than you are now.

Think about this. You are a strong supporter of John Brown. Do you honestly think he wants anyone to know that? Do you think you help him with your behavior? Do you think you help your fellow Rs?

You have to help yourself. Get some help. As a nurse, you probably know better than I where you could seek such help. But it is not from snakes like the Blog Mentor, who is only using you. It is not from Jim Gregory, who unfortunately is doing the same thing.

Take some time and think about this.

You have your whole life ahead of you. Do you really want to be at war with everyone forever? Don't you think it is time for you to try to make peace?

your call.

Anonymous said...

@4:16 Jill called you a "fucking bitch". What is obscene about the truth? As you keep telling Bernie, grow a pair. Sweetie.

Anonymous said...

"I almost had the case won at appellate level." Are you living on the same planet as the rest of us? From the opinion:

"Garcia added that her fear also arose from Mezzacappa maintaining a website that portrays Garcia in an offensive and demeaning light and contains photographic montages implying Mezzacappa will use a firearm against the borough, its officials, and employees. Id. The trial court found Mezzacappa guilty of harassment under subsection (a)(3)"

So she swore at you. That's a lot different than threatening to kill people and joking about hollow point bullets.

Tricia Mezzacappa said...

Then why dont you stop writing hate blogs about me, and linking them to google?

I cant find a job.... Because of your hate rants, and the newspapers who assassinate my character for sport too

You want your money? You should have taken the settlemnt offer...a huge lump of cash for you...no, you'd rather torture me for the rest of your life. ...you want the Sheriff to bang my door down to collect candles and shampoo. Seems like you would rather waste time, then take cash and move on....

There is no other Borough who fights the RTK Law like West Easton, and twists civil discourse to fit a crime. I never threatened anyone. They twisted what I said.

How am I supposed to launch a campaign for Borough Council if I cant get any info? How? They turn it into a 3 year docket fight, all they way to Commonwealth Court...there are now two contempts, as a result of the court cases, but I only filed contempt for one case.

The only person harassed is me. How can they say I am a danger to them, when they routinely force me to appear in person and get a police escort to get inside?

FAX THE RECORDS....its a no brainer..who is the tyrant? Not me.

Anonymous said...

TM posted that nonsense protection petition, and asks the reader "isn't this evidence..?"

NO! It is accusations. If you are going to represent yourself in court, study the law for Christ's sake.

Tricia Mezzacappa said...

I have repeatedly tried to make "peace" including withdrawing my court cases against West Easton, in exchange for not being banned from Borough Hall, and a reduction in the $1200.00 zoning fee, and the release of records that were won at the OOR

They have ignored Final Determinations

I have asked for one day per month to come in and look at records.

I have tried to stay away by asking for fax or email of documents

I have tried to pay my bills using the overnight drop box. The checks are returned as "not accepted" with fines.

They are the ones who refuse to make peace.

Get your facts straight. I am not a harasser, they are

Jackie Childs said...

MeZz get Alan Dershowitz back on the team, the bucks barrister is in over his cabasa

Bernie O'Hare said...

Tricia Mezzacappa,

West Easton:

It is nonsense for you to assert you have tried to make peace with West Easton. A cursory examination of your blog alone makes that clear. You are banned from borough hall bc that is where you have been disorderly and have harassed others. When you recognize that fact and start to change tour behavior, they might lift that ban. You have not tried to stay away by asking for fax or email. You have instead attempted to force a government to serve you the way you want to be served. It does not work that way, and it does not werk that way in court either, as you found to your detriment. I am unaware of what you claim about the drip box, but given your other lies, you lack credibility. Get mu facts straight? They are the harassers, not you? The courts tell a different tale. Those are the facts on which I rely.

You have made no effort to mend fences there. None. Instead of running a race for Borough Council which is certain to turn out badly for you, take a break and take of yourself. Step back.

Hate Blogs

I do not post hate blogs about anyone. Sure, sometimes I am tough on elected officials or people like you, who would like to be an elected official. My post recent post about you is factual, topical, timely and relates to a public figure. I do not "link" my blogs anywhere. It is entirely proper for the people of West Easton to know that a candidate in next year's races has been convicted of harassing a West Easton clerk.

You can't Find a Job

That is pretty much your own doing. You lie, make false accusations, have a $67,140 defamation judgment, are difficult to deal with, post outrageous LTEs that defend a mass murderer in Ross To, and have a record of petty offenses related to your inability to control your temper. I seriously think any outfit that hired you at this time would be acting negligently. In fact, i don't know why the nursing board has not taken action against you. I do believe you are intelligent, but you are mentally unfit, need help, and should not be allowed near patients. I see no reason why you can't turn things around in time. But right now, you are in denial.

My money

A huge lump of cash? Tricia, stop lying. There is no huge lump of cash. There never was a settlement offer. If that were so, my attorney would have relayed it to me. If you want to discuss settlement, do not do it on this blog. You have my attorney's email address and my email address. Those kinds of conversations should not take place here. My judgment against you is now worth $69,612.00. In addition, there is about $1,000 in court costs. We will take your house and sell it. Then we will go after your mother for the rest , and seel attorney fees and punitive damages against her for aiding you in a fraudulent conveyance. That's where things stand. Things are not going your way, and your constant repetitions of the libel are an indication that you should receive no mercy.

Bernie O'Hare said...

But I don't hate you. You are sick, and can still turn your life around. the ball is in your court to care for yourself as much as you do about many other things.

Anonymous said...

"I have tried to stay away by asking for fax or email of documents"

Why "try" to stay away? They didn't harass you, you harassed them. You don't see it that way, which is your problem, not theirs.

You would probably have to deal with Kelly Gross if you went to the town, which you don't want to do because you've libeled her, and you despise her. You harbor this crap and it will come back to haunt you. And you most certainly harbor it - you posted a picture of her with horns just a month ago (yet you speak of others doing the same as if it is a crime).

You're demanding they work on your terms, and that will never happen. How can you "stay away" and get documents in a form they don't deliver them?

Court filings in this case show that you sent an email to Orloski saying you had no money for a settlement, if memory serves correctly. When was this huge lump sum offered and denied?

fletch said...

307: tru dat

Anonymous said...

Norco MH helps those with mental health issues. This is a medical issue just like diabeties or cancer. We all go through rough times in our lives and it is nothing to be ashamed of. There are funds available if you don't have insurance. The employees at NH MH can help you access the care.

Anonymous said...

"Hence, they actually rewarded the dirtbag $67,000.00 in a default judgement,"

Yeah, um, ok. Libel someone, be found guilty, have a judgement entered against you, and then call your victim a "dirtbag". You're the dirtbag.

Bernie O'Hare said...

Comments by Henry Schaadt, Fletch and Mezzacappa have been deleted. I am not interested in her defense of Gregory or her continued twistng of what the rest of us see quite clearly.

Anonymous said...

"Many people have sympathy for you. O'Hare won't let you read it but it is true. Hang in there. We are aware of his mean nature and his censoring of the truth."

This is unadulterated bull shit. The truth is very well known. This blog has very little moderation, and if you wade through everything that is posted here, as well as elsewhere, you will find enough information to form a good idea of the truth. There are very few posts here that are removed, and if you've noticed they clearly violate the TOS. Contrast this to TM's bog, where you can't even post anything to rebut what is posted there. Talk about censorship.

You're claiming Bernie has a "mean nature" and I believe this is totally false. Maybe it depends on your definition of "mean". Bernie reported in TM's candidacy for WE council. He referred to her as the Witch of West Easton, which may sound mean, but it matched her well known reputation. She responded by stalking him for the next 3 years, harassing him, and libeling him. Talk about a woman scorned. When she made unfounded allegations of pedophile, Bernie has to sue her. He didn't want to, he didn't do it to be mean - he did it because he had to to protect his reputation.

Now, has TM accepted she was wrong in libeling Bernie, harassing people, lack of civility? Nope. Nada. She's doubling down. Now we are to believe there is a vast conspiracy all through the court system to favor O'Hare and take away TM's rights. Nonsense.

Bernie has covered quite well in his posts in this thread his thoughts. If you walk away saying Bernie is mean and that he censors speech, you're just plain ignorant.

Bernie O'Hare said...

Since the weekend trolls like Mezzacappa and Henry Schaadt and the Blog Mentor will dive in here, I am shutting down comments to this post.