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The Great Welfare Empire Conspiracy - Page 08 Judge Says Government Advocate is a Newsman In the New York case, Judge Kaufman had written, "In the absence of any evidence that Brezenoff or any New York City official attempted to do more than express his view concerning the distasteful nature of appellants' invention, we decline to come to their assistance." The key, then, in the new case, was to demonstrate that the defendants were engaged in a systematic effort to ban the game which included follow-up. This, we could have proven to any jury in the country, but after a discovery process which Judge Hargrove limited to our disadvantage, he granted motions of the defendants for summary judgment, and we never could get the case in front of our peers. Through the discovery process, we obtained the notes taken by APWA newsletter editor, Peter Slavin; but APWA's attorney blocked out all of the names of the people which appeared in these incriminating three pages. By way of justification, he maintained that Mr. Slavin was a newsman entitled to protect his sources under the Maryland Shield Law. Judge Hargrove allowed him to do this even though Mr. Slavin was not a newsman at all, but a professional advocate for an association of 1250 state and local government welfare agencies. Maryland's Shield Law was designed to protect newsmen endeavoring to keep the public informed. The purpose of Peter Slavin's article about the game and the plan to ban it were intended to keep the public from being informed of the contents of the game. Being party to urging 1250 state and local government agencies to work with special interest groups to pressure retailers to remove political satire from the marketplace is not journalism; it is blacklisting. The names deleted from Slavin's notes were crucial conspiracy evidence which I, and a jury, ought to have had an opportunity to evaluate. Bob's Attorney Intimidated Though I filed the original complaint myself in this case, I very quickly found a Baltimore attorney who agreed to represent me on a contingency basis. He and his firm forced the production of many key documents and conducted several depositions. After one such deposition, Assistant States Attorney, Ralph Tyler, representing Maryland's welfare chief, Kalman Hettleman, and his director of public relations, Luther Starnes, asked my attorney to speak privately with him and the other four defense lawyers. Fifteen minutes later, my attorney emerged from that meeting visibly shaken. Exactly what he had been threatened with, I don't know; but within two weeks of this incident, he had found an excuse to withdraw from the case. Government Lawyers Feign Ignorance of Key Memo Tyler's conduct of the case for the State of Maryland was highly unusual.
In answers to written interrogatories, Defendant Hettleman mentioned a
memo to him from Starnes which had not been supplied to me. I requested
that it be produced at the deposition of Mr. Starnes. At that deposition
Tyler's assistant, Nancy Shuger, knowing otherwise, said the memo had
already been produced. Then, with Ms. Shuger's and Mr. Tyler's knowledge,
Defendant Starnes, under oath, feigned ignorance of this memo created
by his own hand, and lied about his connections with other members of
the conspiracy. For example, Mr. Starnes swore he had never spoken with
welfare activist Carl Snowden about the game. And yet, when I was able
to finally force release of the Starnes memo, the third paragraph read,
"I have talked to Carl Snowden and advised him of our interest and
efforts. We agreed to keep each other advised." The other paragraphs in the memo mentioned the names and activities of
other people involved in the suppression of the sale of the game. Because
I didn't have that memo at the deposition of Starnes, I was unable to
question him about these people and events, and I suspect that, had I
had an opportunity to develop that information, it would have led to the
governor's mansion. The final hearing in the case was an absolute circus. NOW's prissy, frumpy,
white attorney brought her good-looking black husband into the court room
and made certain the black judge knew exactly who he was. Whether she
married him out of love or just for that particular case, I don't know. When I brought up the question of the Starnes to Hettleman memo, Tyler lied to the judge, asserting that the memo had been produced before the case had even been initiated. Though somewhat wimpy in stature, Mr. Tyler had a very authoritative voice. When he said, "I'm prepared to substantiate that, Your Honor," it sounded like he was telling the truth, even though he was piling a lie on top of a lie. Association of Government Agencies Ruled a "Private" Group In spite of overwhelming evidence to the contrary, Judge Hargrove ruled that the American Public Welfare Association, a publicly financed membership group of more than 1200 government agencies, was a private organization, and therefore did not act with the force of government, or as lawyers say, "under color of law."
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