It took almost six months, but now, finally, the brief is completed! Below is the defendants counter to our last reply in this brief.Dkt-19-Boothe-Kowalski-MTD-Reply
Sadly, those 10 pages are full of vitriol and character attacks. My lawyer warned me before I read this, that it was pretty bad, and that. It would be hard for me to digest.
Years ago, I was a manager of one team and friend of mine was a manager of another team. He was terrible at his job to the point he was going to be replaced. Then he started just throwing his employees under the bus on everything that came back to his team. In meetings, when they were not present, he’d make them out to be the worst employees ever. I learn one of my most valuable lesson to date with that.
To take focus of yourself and wrong doings – you have to make someone else look worse. That’s what is going on here. I have to be a bad guy – the villain.
A few observations on my part. In their response We went from the impersonation of a public servant to the reality of how phishing crimes are related to probable cause.
In my previous post, I explained in simple terms, Phishing is the fraudulent practice of manipulating people via emails, texts, websites or phone calls into disclosing sensitive information.
Let us define what sensitive information includes: usernames, passwords, credit card numbers, bank account information or other important data to sell or leverage.
I requested no such thing. The information that I’ve requested Was the number of cases open and closed, org charts, etc. I’m pretty sure that’s not considered sensitive information, since a lot of that information now exists on the Town of Prosper website. It all falls into the public realm on a public information request.
Next up is my favorite quote from the above:
Plaintiff apparently has no grasp of the blatant stupidity which frequently accompanies criminal conduct; “obvious misspellings” do little, if anything, to alert law enforcement that the potential suspect is a self-professed lampooner of local politics.
At first, I thought they were talking about my original requests and that maybe I misspelled something. However, that’s not what they are talking about. They are pretty much saying how fucking stupid I was because I misspelled Jeff by using Geoff when I was executing my master plan of impersonating a town councilman.
Really, I have to say, that’s a hard fucking sell. I mean, I can’t even fathom the outright stupidity of someone actually purposing that in an actual legal brief. It’s one of the most laughable things I’ve seen so far.
The last thing I will comment on is this piece of text:
Under the Plaintiff’s skewed world view, impersonating an elected official is somehow acceptable if done in the context of making a Public Information Act request.
This line is a gem in itself. As everyone knows (with the exception of the Town of Prosper, Paul Boothe, and Chief Kowalski) that ANY ONE can use ANY NAME to make a public information act request.
I could use any name I wanted. However, the reason this was such a gem – is because – I WAS NEVER CONVICTED OF AN IMPERSONATING AN ELECTED OFFICAL.
While the defendants keep attaching documents from the Prosecution, they tend to leave out the whole order by the Judge to quash this case.
The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.
The great part about my day in court when my case was quashed – the DA didn’t oppose it.
Now, the Town’s Motion to Dismiss (below).Dkt-20-Town-MTD-Reply
I have very little to comment on the Town’s Motion to Dismiss. It’s only seven pages and again a lot more case law.
Now we wait on the courts. There are any number of outcomes that could present themselves. This can include anything from dismissals, hearing arguments, not to dismissals, 5th Circuit Appeals, and back. At this point we just wait on the courts. I will keep everybody updated on what happens.
Leonard (Buster) Johnson & Roxanna Johnson