Corruption in case 2015-002259-3 continues. Even Court Reporter trying to deny me a fair hearing

Wednesday, July 6, 2016

Corruption in case 2015-002259-3 continues. Even Court Reporter trying to deny me a fair hearing

Filed in County Court 3 and Second Court of Appeals of Texas. In Texas some lawyers and Judges are so corrupt that they brag about how corrupt they and the Judges are while standing in the courtroom. Plaintiff's attorney Randy Turner told me "I've known this Judge for years. He'll sign anything I put in front of him." The retired, visiting Judge signed every order Randy Turner wrote including the Facts & Findings without even reading or editing.

Mary Cummins
645 W 9th St #110-140
Los Angeles, CA 90015
Direct: (310) **7-4770
m****@aol.com

www.MaryCummins.com

July 6, 2016

Per eFileTexas.gov

Plaintiff’s Attorney Randy Turner

Shari Steen Court Reporter

Tarrant County Clerk

Judge Mike Hrabal

County Court 3

100 E. Weatherford St, Room 290A

Fort Worth, TX, 76196-0240

RE: Request for Court Record, Transcripts Amanda Lollar vs Mary Cummins, 2015-002259-3, Mary Cummins v Amanda Lollar appeal 02-00185-CV.

I am officially requesting the entire court record for case 2015-002259-2, 2015-002259-3 for my appeal. I am also requesting that the court record for case 352-248169-10 and appeal 02-12-00285-CV[1] be included in the court record. The reason is that case 2015-002259-2, 2015-002259-3 is an identical copy/paste of case 352-248169-10. These records were referred to and incorporated in my motion to dismiss. The court does not need to recreate the 352-248169-10, 02-12-00285-CV court records. I still have my copy and so does Plaintiff as they posted it on the Internet after the 2012 trial.

I filed an affidavit of indigence in case 2015-002259-2, 2015-002259-3[2] January 6, 2016. Plaintiff filed a contest. It was set and reset for hearing February 16, 2016. At the time of hearing Plaintiff did not wish for it to be heard. Judge Jennifer Rymell heard the motion to dismiss then recused herself as she did not want to rule on it.

Case was transferred to County Court 3 to Judge Mike Hrabal. It was set for hearing April 4, 2016. Judge Hrabal cancelled the hearing and reset it for May 17, 2016. Plaintiff did not request for the contest to be heard at the May 17, 2016 hearing. It was not heard. The time to contest the 2015-002259-3 affidavit of indigence passed. The contest is therefore denied and Defendant Cummins is legally declared indigent.

The court refused to allow Defendant to file documents or receive minutes without paying. Court reporter Shari Steen refused to give the motion to dismiss hearing transcript to Defendant without a signed and filed court order by Judge Mike Hrabal. Defendant filed a motion requesting a signed and filed court order on indigence. Judge Mike Hrabal refused.

Defendant filed notice of appeal May 17, 2016. June 10, 2016 Defendant filed a new affidavit of indigence for appeal of the motion to dismiss case appeal # 02-16-00165-CV[3]. Plaintiff and County Clerk filed contests of indigence June 13, 2016. Hearing was scheduled for July 1, 2016. Hearing was cancelled by the Clerk due to conflicting schedule. It was rescheduled by the court reporter for July 11, 2016. After the reporter realized her mistake she frantically tried to schedule the hearing for July 2, 2016 but Defendant was in the hospital the entire day with pre-surgery appointments for a severe back injury. Court reporter nonetheless stated it would be heard July 11, 2016 knowing that would be too late hoping that Defendant didn’t realize this.

The contests were not heard per Tex. R. App. P. 20.1(h)(4). Notice shall be given and the hearing shall be held within the deadlines set out in the rules of appellate procedure. See id. R. 20.1(i)(1) (trial court must set hearing and notify parties), (2) (hearing must be held within ten days of date trial court receives referral of contest), (3) (trial court may extend time for hearing for up to twenty days), (4) (contest is deemed overruled unless trial court signs order sustaining contest within period set for hearing).

The contests had to be heard at the latest 20 days from date of contests June 13, 2016 which was July 3, 2016. The time to hear both the trial court and appeal contests to indigence is long over. Therefore the contests have been over ruled.

I am requesting the court record and transcript of hearing on motion to dismiss free of charge. The court record is already in pdf format. It will be quick and easy to zip the pdfs, burn to disc or email to parties.

In the alternative the trial court can just file an order dismissing this case. Not only did Plaintiff and their attorney Randy Turner forge the evidence including a forged email allegedly by the head of the USDA but they perjured themselves in their sworn affidavits stating the email and exhibits were authentic. New evidence also proves that Plaintiff and their attorney committed perjury and fraud in the original 352-248169-10 case. Plaintiff was found by the USDA to have committed animal cruelty, abuse, neglect and violated the Animal Welfare Act in 2011[4]. Plaintiff lost their permit before the 2012 trial yet stated in trial they had their permit and were cleared of all wrong doing by all agencies. That is completely false. This allegation was the basis of the entire 352^nd case.

Because of the forgery, fraud and perjury involved in the case filings the case should be dismissed outright. Plaintiff's attorney Randy Turner and Plaintiff Amanda Lollar need to be charged and prosecuted for their crimes. Randy Turner needs to be disbarred. The order on the 352-248169-10 case should be reversed. This case must be dismissed because the sworn evidence was forged.

Here is but one of the forged exhibits. They were all exactly like this. Amanda Lollar's forged Exhibit 5[5]. The actual Exhibit 5 in my brief[6]. The actual Exhibit 5 as it resides publicly online [7]. This is an Internet defamation case. The exhibits must be viewed online to compensate for viewer’s individual browser differences. There is no comment by “Mary Cummins” or anyone on that date, time. That article and comments were not made by Defendant.

Here are three different versions of the forged email allegedly by the head of the USDA[8]. USDA stated in writing the email does not exist. Randy Turner used this forged email to argue in Plaintiff’s reply to motion to dismiss that the 2011 email written by veterinarian Dr Laurie Gage in Colorado is MY defamation in the current case filed in 2015 in Texas years out of the statute of limitation! This “argument” proves that Randy Turner is not fit to practice law. Turner’s ihatemary page proves his extreme personal obsession with me. In this page Turner not only defames me with wild allegations of me allegedly suing my grandmother but he talks about the size of my breasts when I was 11[9].

On top of all of this the case must be dismissed at the minimum as it's copy/paste the 352nd case including reversed claims. Per res judicata it "cannot be pursued further by the same parties." Plaintiff filed this case for malicious intent and harassment purposes only immediately after the opinion on the 352nd case was released. Plaintiff and her attorney merely want get government reports and video of Plaintiff committing animal cruelty removed from the Internet permanently. Plaintiff is merely embarrassed by Plaintiff’s own illegal and cruel behavior. Defendant has never defamed Plaintiff. Plaintiff Lollar and her attorney Randy Turner have defamed and harassed Defendant. If the case proceeds, Defendant will counter sue for defamation and harassment.

Sincerely,

Mary Cummins

cc: Second Court of Appeals
ACLU-NC
Public Citizen

[1] Mary Cummins v Amanda Lollar, Bat World Sanctuary Appeal 2012 http://www.search.txcourts.gov/Case.aspx?cn=02-12-00285-CV&coa=coa02

[2] Amanda Lollar v Mary Cummins 2015-002259-3 https://odyssey.tarrantcounty.com/PublicAccess/default.aspx

[3] Mary Cummins v Amanda Lollar Appeal http://www.search.txcourts.gov/Case.aspx?cn=02-16-00165-CV&coa=coa02

[4] USDA states Amanda Lollar violated Animal Welfare Act, caused “pain, suffering and death.” http://www.marycummins.com/amanda_lollar_bat_world_sactuary_usda_cancelled.pdf

[5] Plaintiff Lollar Exhibit 5 http://animaladvocates.us/exhibit%205.pdf

[6] Defendant’s actual copy of Exhibit 5 http://animaladvocates.us/def_exhibit_5.pdf

[7] Actual, public, live Exhibit 5 online https://www.indybay.org/newsitems/2013/02/21/18732538.php

[8] Forged USDA emails made by Plaintiff Lollar, sworn by Randy Turner http://animaladvocates.us/usda_email_forgery_proof.pdf

[9] Randy Turner’s ihatemary page in his business website http://web.archive.org/web/20141222203948/http://www.randyturner.com/index.php/randys-cyber-stalker

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate

Mary Cummins

Mary Cummins of Cummins Real Estate Services has been in real estate since 1983, over 35 years. She is licensed by the Bureau of Real Estate Appraisers. Mary Cummins was an agent and broker licensed with the California Department of Real Estate selling residential income, commercial buildings, raw land and homes for Merrill Lynch Realty in Beverly Hills and Westside Properties in Los Angeles before concentrating on appraisals. Mary Cummins currently provides real estate appraisals, expert witness testimony, historical research, legal real estate research for mortgage brokers, banks, lawyers, factors, insurance companies, financial consultants and private individuals. Mary Cummins was born and raised in Southern California. Cummins attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being on the Dean's list, Mary Cummins was a top ten national swimmer and competed on the men's water polo team. Mary Cummins began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. http://www.animaladvocates.us http://www.facebook.com/AnimalAdvocatesUSA

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Summary of Case 352-248169-10

Summary of Case Mary Cummins v Amanda Lollar, Bat World Sanctuary

I reported Amanda Lollar of Bat World Sanctuary to authorities for animal abuse, animal cruelty, animal neglect, violations of the Animal Welfare Act, Texas Health Dept, Texas Parks & Wildlife and USDA. They were investigated. Violations were found. Authorities agreed with me. They lost their USDA permit and were severely reprimanded by the other agencies.

In retaliation I was sued for defamation and breach of contract. Every word I have ever said about Amanda Lollar and Bat World Sanctuary is 100% the truth backed up by physical evidence, i.e. photos, videos, government documents.

Moments before a hearing Plaintiffs' attorney Randy Turner came up behind me in court and said to me "I've known this Judge for many years. He'll sign anything I put in front of him." I didn't even know there was a substitute Judge. The Judge signed every order Turner ever wrote. The first order he signed in front of me. Judge Brigham looked at me, did not look at the order, flipped to the last page and signed it.

Without notice Court had 86 year old retired Judge William Brigham oversee the case. Even though Plaintiffs never proved the elements of defamation, breach of contract, malice, admitted they had no proof of any damages or causation, I lost the case to the tune of $6,176,000. I never even was told which items they thought were defamatory until two months after the trial in the form of the court order. That's how corrupt this case is.

Immediately after the trial Randy Turner, his wife Patti Gearhart-Turner took to the Internet to say how happy they were. They congratulated each other over their win against me. Who brags about lying, cheating and being corrupt publicly?

The court order contained 47 phrases and a video which I had to remove and never repost. The order was unconstitutional as it contained prior restraint. Nevertheless I obeyed the court order and appealed.

Lollar and her attorney Turner used that order to remove any article on the entire Internet that mentioned them that they did not like even articles from years earlier written by others. They used that order to remove a press release about my appeal in prweb. They used it to remove copies of my appeal or articles about my case made by others. They used it to remove all of my blogs if they included the word "bat" and didn't even use their name.

In my appeal I proved beyond a shadow of a doubt that the 47 phrases were not defamatory. I didn't even write most of them. Plaintiff wrote them! Most of the phrases came from Lollar's manual. Other phrases came from government reports I received in a 1,000 page Freedom of Information Act request. I received 20 years worth of complaints against Lollar made by government agencies, members of the public and others.

The video was a video which I took of Lollar who has not gone past the 8th grade trying to perform an episiotomy on a bat who died along with her baby. Lollar told me to take the video. I had oral and written permission. Lollar claimed my video was defamatory and trial court agreed.

In Appellees' reply brief they didn't even mention the 47 phrases or video. They just said they felt they were defamed.

Appeals Court released their opinion. Justice Lee Ann Dauphinot stated that defamation does not have to be proven with private individuals. We were all private individuals and not media, public figures. The issues were not of public concern. Defamation is assume. Dauphinot also stated that I defamed with malice. In order to prove malice one must first prove defamation. Not letting the law, case precedent or common decency get in the way the defamation claim stood. I still owe $6,000,000. The breach of contract, liquidated damages and attorney fees were reversed. I owe $176,000 less.

Even after the Appeals court ruled the order unconstitutional Turner and Lollar continued to use it to remove my blogs, articles, websites from the Internet. They had over 800 articles deleted which caused huge financial damages to our non-profit. The only ones who didn't remove their articles were Eugene Volkhart UCLA freedom of speech law professor and Indymedia who is represented by ACLU-NC.

Randy Turner and his wife Patti Gearhart-Turner have been personal friends with all those Judges and Justices for over 35 years. Turner bragged to me that he controlled the Judges in Fort Worth, Texas and he was right.

These same Judges on my panel were on another case of Randy Turner's that had to do with the sentimental value of a dog i.e. Medlens v Carla Strickland. As per the Supreme Court the case should have been dismissed in the District Court but Turner's Judge friends made sure it was not dismissed. It was appealed and Turner et al made sure it was affirmed.

Fortunately attorney John Cayce who used to be the Chief Justice of the Second Court of Appeals petitioned to the Supreme Court of Texas. The Supreme Court of Texas in unanimous decision reversed the Appeals Court opinion. The Supreme Court opined that law and case precedent clearly states animals are property. One cannot receive sentimental value for loss of an animal if one cannot receive sentimental value for loss of a sister or friend. One would need to petition for new legislation to change the laws in order to award sentimental dollar damages for loss of an animal.

During all this time Amanda Lollar of Bat World Sanctuary and a few of her crazy friends such as her attorney Randy Turner have been attacking, defaming, harassing me, my family, friends, colleagues.... They have filed completely false reports to authorities about me. As I obey every law the authorities have done nothing. They don't even read her false reports anymore.

A last note. I believe Randy Turner has early dementia or some other brain disorder. He accidentally calls me "Ms Turner" and "Ms Lollar." He filed a motion to strike HIS OWN expert witness. Even after I told him it was his witness he still set the hearing. In depo he looked at me confused and said "didn't you give me the defamatory statements?" I said "of course not. I'm the defendant." He also leers at me inappropriately and intentionally bumped his entire body against mine in the court hallway just to be a jerk. He also stupidly admitted to committing motion abuse in writing then threatened to do it again if I didn't sign an impossible court order against myself. On top of this he has an ihatemary page in his business website devoted to me. In that page he talks about the size of my breasts when I was 11 and other extremely inappropriate things. 95% of his page is defamation against me. He's a lawyer and knows those cases he cited are not mine.

Fighting for Justice,

Mary Cummins

Summary of Case 2015-002259-3

Amanda Lollar and Bat World Sanctuary sued me September 2010 for defamation and breach of contract, see above summary. Even though they did not show the elements of defamation or breach of contract, damages, causation, malice...I lost.

I appealed that to the Second Court of Appeals. All claims were reversed except defamation. The Court stated that "defamation is assumed." It does not have to be proven. That's like saying murder, robbery, rape is assumed. It doesn't have to be proven. The also ruled that Plaintiff did not have to tell me what they thought was defamatory. The items in the court order were supposedly just items to be removed. They were not the defamation. That means I never was told what they thought was defamatory.

Even though the trial court order stating I had to take down certain items and never repost them had been reversed, I did NOT post the items again.

Few days after the April 2015 opinion was released Amanda Lollar and her attorney Randy Turner filed an identical copy/paste lawsuit in County Court 2 with Judge Jennifer Rymell friend of Randy Turner and his wife Patti Gearhart-Turner. The lawsuit claimed I reposted all of the items. That is false. The lawsuit included the claims which were reversed namely the breach of contract, liquidated damages and attorney's fees.

They included the fake, forged breach of contract claim because the contract has a forum clause of Tarrant County, Texas. Plaintiff stated repeatedly that I allegedly defamed them only while in California, not Texas. Therefore proper jurisdiction is California or Texas Federal Court. Randy Turner doesn't control those judges but he does control Tarrant County judges along with his wife.

I filed a Motion to Dismiss per Texas Defamation Mitigation Act, Citizen Participation Act, Statute of Limitations, Lack of Jurisdiction, Failure to State a Claim, Forgery, Fraud and Perjury.

Per the Texas Defamation Mitigation Act they must first send me a cease and desist including the specific alleged defamation before they file a lawsuit. Texas is bogged down by tons of these good ole boy STFU lawsuits to quiet people just like me. Lollar did not do this. They just filed the lawsuit instantly.

Per the Defamation Mitigation Act if the defendant asks for proof that the items are defamatory, the Plaintiff must send proof. Lollar sent no proof that I defamed her. Instead her attorney Randy Turner argued that the Appeals Court ruled that everything I ever said was defamatory. The appeals court never stated what was defamatory neither did the Plaintiff. It was not in the signed, filed court order. The words "defamation" and "defamatory" are not in the court order. The only thing that matters in a court is the final signed and filed court order. The final order was only a take down order and it was unconstitutional. Randy Turner is a personal injury lawyer not a freedom of speech lawyer. Still, with the help of his corrupt judge friends and other court parties he could spit on a piece of paper, file it and win by default as a Plaintiff. It took the appeals court 18 months and a change of three judges to write their rationalization of "justice?"

This is the wildest part of this current case. I never defamed Amanda Lollar or Bat World Sanctuary. They tried to claim I wrote certain articles on Indymedia, blogs, other websites... Those articles were written by known others, unknown others, robots and even Amanda Lollar herself.

In the trial court I was only told to take down items which I allegedly posted in sites I allegedly controlled, Exhibit 17. Items posted by others Exhibit 18 and my fair and privileged reports to authorities Exhibit 19 were not in the final order. Nothing in any of exhibits 17, 18 or 19 was defamatory.

In the current case they could only sue me for items I wrote, posted within the one year of statute of limitations for defamation in Texas. That would be items within a year of their April 2015 file date. I didn't defame them so they had no evidence. What did they do? They forged the evidence! Namely Amanda Lollar made defamatory statements about herself and signed my name to them in public websites with anonymous users.

It's even more bizarre. Lollar defamed herself, added my name to the comment, used a date within the one year statute of limitations but she didn't publish the comment. She instead used the top of the real article and posted the fake comment on it, printed it out and used it as an exhibit. The comment is not on the public article. No one made a comment on that day or even that year. The articles were from 2011. Why would anyone still be commenting on it four years later? Almost every single exhibit was forged!

After Lollar forged the exhibits she signed a sworn affidavit stating they are true copies of the exhibits online. I easily proved they were forged. The articles are still online for easy viewing.

It gets even more bizarre. Dr Laurie Gage of USDA wrote an email stating she viewed the video of Lollar trying to do an episiotomy in 2011. Dr Lauie Gage stated Lollar caused "bats pain, suffering and death," and "violated the Animal Welfare Act." Lollar lost her permit after Dr Gage wrote that email. Lollar of course in trial stated she was investigated and no violations were found in June 2012. She was already found guilty and lost her permit. Perjury and fraud.

How does Lollar deal with the 2011 email stating she was guilty of animal cruelty? She forged the head of the USDA Dr Robert Gibbens email. In the forged email Dr Gibbens allegedly clears Lollar of all wrong doing and trashes me. I've communicated with Dr Gibbens for years. He was always polite and honest. I knew he didn't write that email so I did a Freedom of Information Act request to get a copy. I actually did three. The email does not exist. I then did a search and realized that Lollar forged three separate versions of the emails with different subject, text, dates...!

Randy Turner then uses that forged email to state that I caused Dr Gage to write a defamatory email by lying to her. I've never communicated with Dr Gage ever. Turner stated Dr Laurie Gage's 2011 email written in Colorado is MY defamation. That's the basis of the current case! The entire current lawsuit is forgery, fraud, perjury and just plain bizarre. They knew her email was the truth. If it were defamatory, they should have sued USDA, Dr Gage in Colorado within a year of the 2011 email. That would have been before my trial in June 2012. This is how corrupt the Texas judicial system is! In fact it's so corrupt that Turner, his client and now three judges brag about how corrupt they are.

Anyway I filed two motions to recuse Judge Jennifer Rymell due to bias. Rymell refused to recuse herself. The Motion was heard February 16, 2016 by Judge Jennifer Rymell. Rymell stated she would rule and sign an order before the end of the week. Instead after finally reading my motion and seeing the evidence Judge Jennifer Rymell recused herself. Take a look at the article on Texas lawyers and judges gaming the system in the links. Many Texas journalists wrote about this same gaming of the system. It appears Rymell was not willing to destroy her reputation by falsely ruling in favor of her friend so she decided not to rule at all. That's gaming the system. Judge and lawyers both do it. Rymell should have ruled in my favor and reported her friend Turner but she didn't. She passed the buck to Judge Mike Hrabal.

The case was reassigned to Judge Mike Hrabal in County Court 3. The motion was heard May 17, 2016. I argued my side. Randy Turner stated they had nothing to add that's not in his reply. Randy Turner said their proof of defamation is the (perjured) affidavit of Amanda Lollar. Lollar merely stated that I defamed her. Then she stated the exhibits were true copies of the originals online which they were not.

Judge Mike Hrabal instantly gave an oral order. He said "I believe there is enough evidence to support Plaintiff's claim. Motion is denied." That was it. Judge Mike Hrabal did not sign an order on the motion or my indigence. I filed an appeal as indigent to the Second Court of Appeals. That is the status of this case as of May 22, 2016.

In the meantime Randy Turner is filing motions for contempt, sanctions because I told him I can't physically go to Texas due to my indigence and back injury. I'm awaiting back surgery and am now legally, permanently disabled. The kicker is I injured my back while in the old wild Bat World Sanctuary! Randy Turner has been telling me he will throw me in jail for five years now. I believe there is something very wrong with Randy Turner. There is something even more wrong with the Texas Judicial system when corruption, fraud, forgery and perjury is rewarded in this manner.

*Mary Cummins Disclaimer

This blog contains a copy of the public legal documents filed in this lawsuit. It will also include the hearing minutes and record. The purpose is to show people what is happening in this lawsuit.

The items in this blog are of public interest and concern. The images, quoted text and video snippets are used under the Fair Use of Copyright act for non-profit comment and education. Everything in this blog is the truth to the best of my knowledge. If you see a mistake, please, contact me with proof so I can edit or delete it.

I generally post links to back up all of the statements I make so you can review the documents and come to your own conclusion. Everything else in the blog is my personal opinion and belief. Nothing in this blog is confidential. Everything is public information. The purpose of this blog is to share this public information about public people for the good of the public.

If you don't like the honest items I've posted here and want to sue me, I will file an anti-SlAPP motion and you will owe legal fees. I have been sued twice before for defamation. I represented myself both times and won. The first was Ashton Technology, Fredric Rittereiser vs Mary Cummins. The second was Kathy Knight-McConnell vs Mary Cummins. A third case which this blog is about is currently in Appeal.

Wednesday, July 6, 2016

Corruption in case 2015-002259-3 continues. Even Court Reporter trying to deny me a fair hearing

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