Rowdy Girl Rescue loses defamation lawsuit, sanctioned by Judge - Mary Cummins

UPDATE: 08/04/2017 Rowdy Girl just released a press release about the loss. They have to pay $159,000 to Defendants. Unfortunately that money will probably come from the sanctuary. That means people donating money to animals will be paying the sanction caused by the owners of the sanctuary filing a frivolous lawsuit.

http://www.prnewswire.com/news-releases/rowdy-girl-sanctuary-responds-to-the-unfavorable-court-ruling-in-defamation-lawsuit-300499883.html?tc=eml_cleartime

I was told they may have a press conference tomorrow.

ORIGINAL: This case is identical to my case except in my case they forged their exhibits and perjured their statements on top of this. If the Judges are fair and rule according to law and evidence I will have the same result with my appeal. My appeal is based on the Citizen Participation Act and the Defamation Mitigation Act. On top of this the court lacked jurisdiction and all alleged statements are outside of the statute of limitations. On top of all of this I never defamed plaintiffs.

"A Harris County District Judge has ordered the owners of an Angleton animal sanctuary to pay nearly $29,000 in sanctions for filing a frivolous, harassing lawsuit against critics of the sanctuary who called the operation a "scam" on Facebook.

Renee King-Sonnen and her husband Tommy Sonnen, who run Rowdy Girl, described as a "vegan" farm animal sanctuary, were also ordered to pay nearly $29,000 in defendants' attorneys' fees. The couple had sued the critics in February for $1 million, accusing them conspiring for nearly two years to disparage the sanctuary's reputation.  (Tommy Sonnen is also a sanctuary board member).

The critics — which included former volunteers and donors who questioned the nonprofit sanctuary's finances — raised questions on a Facebook page called The Real Rowdy Girl Revealed.

The defendants, which include Dallas child psychiatrist and former sanctuary donor Sujatha Ramakrishna, successfully sought to have the lawsuit dismissed with prejudice under the Texas anti-SLAPP statute, which is meant to safeguard against meritless defamation lawsuits.

In his lengthy reply, the critics' attorney, Adam Milasincic wrote, "There is no doubt what this lawsuit is designed to achieve — stopping the public debate about Rowdy Girl, and silencing critics who raise questions about Rowdy Gir's less-than-stellar fundraising and animal-welfare records."

A presiding judge agreed, ordering the plaintiffs on July 26 to pay $28,750 in sanctions, noting that "The Court considered lesser sanctions, but determined that [the amount] is necessary to achieve the [anti-SLAPP's] deterrent purpose. The Court concludes that, absent the sanction awarded, there is a material risk that Plaintiffs will continue to bring similarly unsuitable claims in the future."

http://www.houstonpress.com/news/judge-sanctions-vegan-animal-sanctuary-for-frivolous-lawsuit-9659025

Mary Cummins vs  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

Randy Turner finally figured out how to block the web archive after seven years - Crazy ihatemary page he made about me

randyturner.com, randy turner, randall turner, attorney, lawyer, fort worth, texas, cyberstalker, ihatemary

This webpage is in Texas attorney lawyer's business website randyturner.com. He had a link to his hate page against me until recently on the main page of his site, see pic above. That link was there for years. Every person who saw his business website from 2013 to 2016 saw a link to his ihatemary rant about me. Finally a sane person convinced him to remove the link from the start page. His now two ihatemary pages are still in his business site. If you were looking for a lawyer and saw that, would you hire the person? Of course not. He can't even spell the word "cyberstalker." What's even more ironic is he and his client are cyberstalking me. I've never cyberstalked them. It's actually a legal term. You would think a lawyer would know what it means.

I have a robot monitoring his rant page. He still updates it almost every night changing one word here, one there. He truly is obsessed with me.

I knew he would someday figure out how to block the web archive so I intentionally saved many certified versions of it through the web archive and on my computer. Here is one version of the page. Glad I added it as a real exhibit in my appeal. I added physical exhibits and footnoted the links to the websites.

Below Randy Turner a 60+ man talks about the size of my breasts when I was 11.

http://marycummins.com/Defendant_Exhibit_31.pdf

Here's another version.

http://marycummins.com/Randy%20Turner%20_%20Randy%E2%80%99s%20Cyber%20Stalker%2005242016.pdf

Randy Turner clearly has very serious mental issues to post that in his business website. He only makes himself look crazy and obsessed. Anyone who reads that crazy rant would only realize that he's the crazy one.

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

Yesterday was hearing for contests to indigence. Judge Mike Hrabal ruled ... I have no idea how he ruled

UPDATE: July 15, 2016:  I just got the court reporter's record. THANK GOD I AUDIO RECORDED THE HEARING! The court reporter cut out what I said. She said in the transcript she couldn't hear me. No one there said that in the audio. How do these people sleep at night doing such unethical, criminal things?

Here is the transcript which is clearly missing my testimony. Shari Steen, Shari Jan Steen (CSR # 4954) NEVER said she couldn't hear me. She never asked me to repeat anything. She knew I audio recorded the hearing yet was still willing to make this false transcription.

http://marycummins.com/transcript%2007112016.pdf

And here's what actually was said.

http://marycummins.com/hearing%20texas%2007112016.mp3

Here is from my email where I tell them I must audio record the hearing. I gave legal notice.

"From: Mary Cummins [mailto:@gmail.com]
Sent: Friday, July 08, 2016 11:03 AM
To: Carla Phelps; Shari J. Steen
Subject: Is there still hearing 7/11 1:00 pm for case 2015-002259-3?

Will there still be a hearing 7/11/16 1:00 pm for indigence, motion telephonic appearance? My indigence was affirmed as no order on contests was made within the allotted time period, see attached. If there is still a hearing, I will be appearing by phone. I am again requesting a court reporter. I will have to audio record the hearing as the court reporter has refused to give me the transcripts. The reporter also audio records the hearings. All parties have already agreed to that. My indigence has now been affirmed in the trial and appeals court for this case. Thanks."

The corruption is unbelievable. And all for what? Just because they want to remove government documents and a video which prove Amanda Lollar committed animal cruelty, violated the Animal Welfare Act and lost her permit.

http://www.marycummins.com/amanda_lollar_bat_world_sactuary_usda_cancelled.pdf

________________________________

The corruption continues. I gave notice that I'd audio record the hearing. I will post it later today and send it to the courts and parties.

I filed a notice to include this in the file. I gave notice the hearing would be recorded. Here is the 5:31 audio mp3. The court reporter also made an audio recording.

http://marycummins.com/hearing%20texas%2007112016.mp3

I have no idea what Judge Mike Hrabal ruled. In court he said "I have no jurisdiction as this affidavit is not notarized. I can't rule." Then Randy Turner handed him an order to sign. I was not allowed to see the order before it was signed. I was not given a chance to object. I have no idea what it says. The docket states as follows,

07/11/2016 Pauper's Contest  (1:00 PM) (Judicial Officer Hrabal, Mike)
Result: Held
07/11/2016 Order       Doc ID# 67
07/11/2016 Appeal - Electronic Confirmation of Notice of Appeal       Doc ID# 68
07/11/2016 Record - Other
07/11/2016 Notice of Appeal       Doc ID# 69

The person representing the clerk sounded embarrassed to even make her non argument. She said "I would need information in order to reply." She has the affidavit. She has the information. I don't yet know if she's complicit in this unethical treatment so I'll refrain from commenting.

Judge Hrabal seemed confused as to how to respond. I know they had ex-parte communications again without me present before the hearing. They did that at the previous ridiculous hearing as well. They confer to try to figure out a way for me to lose even though the evidence and law proves I'm in the right.

Why in the world are these lawyers, Judges doing whatever Randy Turner says? Based on his court history, behavior, filing motion to strike his own witness, inappropriate behavior with me, motion abuse, forgery, fraud and perjury they should not be doing what he says.

Who in their right mind can read Randy Turner's business website where he has his ihatemary page and think he is sane? A licensed Texas attorney should not be posting bizarre false things about a case where he is representing a party. He definitely should not be talking about the size of my breasts when I was 11. There is something very wrong with Randy Turner.

http://web.archive.org/web/20141222203948/http://www.randyturner.com/index.php/randys-cyber-stalker

This was basically the same thing that happened in the last case. I appealed the denial of the oral ruling.

I just received notice from Second Court of Appeals that I appealed the denial of indigence. The trial court must give the appeals court and me a copy of the transcript for review. I'm pretty sure the appeals court must rule for me. This was even more corrupt that the first time I was denied in 2012.

http://www.search.txcourts.gov/Case.aspx?cn=02-16-00165-CV&coa=coa02

The order was just posted online at the link. Here is a jpg of it. Randy Turner wrote it and the Judge signed it. In court Judge Hrabal said he had no jurisdiction to rule. After the hearing is over he signed this.

Judge Mike Hrabal, order, Randy Turner, Randall Turner

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

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

Amended notice of appeal Mary Cummins v Amanda Lollar 2015-002259-3, 02-16-00165-CV

Appeal No. 02-16-00165-CV

County Court Case No. 2015-002259-3

AMANDA LOLLAR,                          Plaintiff,             vs. MARY CUMMINS,                          Defendant Pro se

COUNTY COURT 3 TARRANT COUNTY, TEXAS

DEFENDANT’S AMENDED NOTICE OF APPEAL

    Defendant, Mary Cummins, files this amended notice of appeal per the Second Court of Appeal’s June 7, 2016 letter. Defendant, Mary Cummins desires to appeal from the oral order by the Court on May 17, 2016 to the Second District Court of Appeals of Texas. The oral order was a denial of the motion to dismiss. As of today Judge Mike Hrabal who presides over Tarrant County Court 3 refuses to write, sign, file an order on Motion to Dismiss[1] per Defamation Mitigation Act, Citizen Participation Act, Forgery, Fraud, Perjury, Lack of Jurisdiction and Statute of Limitations (Exhibit 1, Docket).

     The current case is 2015-002259-3. It was originally filed as 2015-002259-2 until Judge Jennifer Rymell voluntarily recused herself after hearing the Motion to Dismiss[2] and refusing to rule. Judge Mike Hrabal was then assigned the case by Judge Evans.

     The current case is copy/paste the 352-248169-10 case including claims which were reversed on appeal. This case was instantly filed after this court released their opinion in case 12-02-00185-CV April 2015. Randy Turner even included all of the reversed claims including the breach of contract claim. This was intentional to try to make the forum be Tarrant County, Texas per the void contract instead of California court which is the proper jurisdiction and venue. Plaintiff has repeatedly stated that Defendant allegedly defamed Plaintiff only while in California. Defendant has never defamed Plaintiff.

     In the original case Plaintiffs did not show elements of defamation or even state which items they felt were defamatory. Second Court of Appeals ruled that “defamation is assumed.” They also ruled that Defendant should have filed a rare motion to force Plaintiffs to identify the defamatory items. The alleged defamatory items were never identified in the trial or appeals court. The word “defamation” is not in that trial court order. A list of the allegedly defamatory comments was never made.

     The Defamation Mitigation Act and Citizen Participation Act both passed after Defendant was originally sued because of cases identical to Defendant’s. Plaintiff now had to specifically identify the alleged defamation, send a cease and desist letter then send proof that the items are indeed defamatory. Plaintiff failed to do these things before filing the current case.

     Because Defendant never defamed Plaintiff there was no evidence of defamation. Plaintiff Amanda Lollar and Randy Turner then forged the evidence in this case. Lollar added defamatory comments within the statute of limitations period and signed Defendant’s name to the anonymous public posts. The actual public articles with comments do not have a comment made by anyone on that date and time. There are no comments by Defendant. All of the exhibits were forged in the same manner. Here is but one of the forged exhibits. They were all exactly like this. Amanda Lollar's forged Exhibit 5[3]. The actual Exhibit 5 in my brief[4]. The actual Exhibit 5 online[5]. 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. All entries in that website are anonymous.

     Plaintiff Amanda Lollar also forged an email from the head of the USDA clearing her of all wrong doing. In actuality the USDA sent an email stating Lollar was investigated and found guilty of causing “bats pain, suffering and death” and Lollar “violated the Animal Welfare Act” (Exhibit 3). The definition of “animal cruelty” is “pain, suffering and death.” Lollar’s USDA permit was then cancelled. The forged emails are dated two years after Lollar lost her USDA permit. There are actually three different versions of the forgery made and posted by Lollar which Defendant included in the Motion to Dismiss[6]. One forgery was included in the complaint in this case. Freedom of Information Act responses prove that no such email exists. The USDA would not clear someone of wrong doing two years after finding them guilty of wrong doing and cancelling their permit. In this current case Plaintiff argues that the 2011 email in Exhibit 3 written by Dr Laurie Gage of the USDA in Colorado is Defendant’s defamation. The claim and argument is beyond bizarre. Defendant believes Plaintiff’s attorney Randy Turner is not fit to practice law. Previously Turner filed a motion to strike his own expert. In the motion Turner viciously trashes his own expert not realizing it’s his own expert[7]. Defendant told Turner that it was his own expert. Turner still set the motion for a hearing.

     As Plaintiff Lollar and attorney Turner both wrote and signed sworn affidavits and motions stating the exhibits, USDA email were authentic, they committed perjury. Randy Turner needs to be disbarred. Both Turner and Lollar should be charged with forgery, fraud and perjury. Defendant requests that this court forward this document to authorities and the State Bar so action may be taken.

     In this case not only has Defendant never defamed Plaintiff but Plaintiff Lollar and her attorney Randy Turner have defamed Defendant. Plaintiff’s attorney Randy Turner has a 35 pg singled spaced ihatemary page in his business website[8] independently confirmed by the Internet Archive Wayback Machine. Turner talks about the size of Defendant’s breasts when she was 11 years old in this site. Turner also falsely states that Defendant sued her grandmother, the bishop, is wanted by the law, has committed crimes… all completely false.

     Plaintiff Lollar has over 400 blogs devoted to defaming Defendant. Those blogs also talk about Defendant’s “breasts,” “ass,” “vagina,” “vomit,” “poop” and include child pornography using Defendant’s face. Here is but one post[9] certified by the Internet Archive Wayback Machine. Defendant was forced to file police reports with the Fort Worth Police Department. The FWPD actually identified the child pornography, not Defendant.

     Defendant requests that Justice Bonnie Sudderth not be on the panel for this appeal. Justice Sudderth was the sitting judge for the previous identical case and is biased. Justice Sudderth requested two vacations for one specific injunction hearing and the trial. Both times then Judge Bonnie Sudderth specifically requested Judge William Brigham to oversee the proceedings. Plaintiff’s attorney Randy Turner bragged to Defendant in court “I’ve known this judge for years. He’ll sign anything I put in front of him.” Defendant witnessed Judge William Brigham sign an order written by Plaintiff’s attorney Randy Turner without even reading it. Judge William Brigham did sign every order written by Randy Turner without edits. Randy Turner even sent the final court order to Judge Brigham’s personal residence. Judge Brigham never even signed an oath of office after the assignments or before the hearing and trial. The judgment in the original case is therefore void. Justice Bonnie Sudderth and 84 year old retired Judge William Brigham clearly “gamed the system”[10] using their positions to help their friend Randy Turner.

     Plaintiff’s attorney Randy Turner also mentions Justice Bonnie Sudderth personally in Plaintiff’s reply to motion to dismiss. Turner mentions a website SudderthCoverup[11] written years before Defendant ever went to Texas and tries to insinuate that Defendant is involved in the website. That is false. The website most likely written by one of the prosecuting attorneys also has nothing to do with this case. The website is about Justice Bonnie Sudderth using her position as Judge to speak as a character witness for her brother Sky Sudderth in his criminal case for alleged child rape in 2007.

     Defendant requests that the Justices on the panel for appeal of the identical previous case 12-02-00285-CV[12] i.e. Justice Lee Ann Dauphinot, Justice Bill Meier, Justice Lee Gabriel, not be on the panel for this appeal as they are biased.

     The Justices took 18 months to write an approximately 80 page opinion stating that Defendant defamed Plaintiff with malice when Defendant has NEVER defamed Plaintiff. Plaintiffs in that case NEVER stated what they felt was allegedly defamatory. Justice Dauphinot stated that indigent out of state pro se Defendant should have known to write a rare legal demand to request a list of the defamatory statements. Justice Dauphinot then stated “defamation is assumed” and “doesn’t have to be proven.” Justice Dauphinot repeatedly misquoted the record even adding items which were never in any legal filing. Justice Dauphinot even personally attacked Defendant in the opinion. Justice Dauphinot mentions the amicus briefs[13],[14] filed by Paul Alan Levy of Public Citizen who has been a freedom of speech lawyer for over 40 years and David Casselman of Cambodia Wildlife Sanctuary and ElephantsinCrisis.org then Justice Dauphinot dismissed them. The amicus briefs supported Defendant’s own arguments.

     Justice Lee Ann Dauphinot stated in the opinion in that case that Defendant did not argue damages in the case. Plaintiff Lollar in the trial admitted Lollar had no proof of any damages or causation by Defendant. There were no damages to argue! Pro se defendant was never advised of defendant’s right to object to the Facts & Findings, Conclusions of Law which were written by Plaintiff’s attorney Randy Turner and signed by Judge William Brigham unedited. Not objecting did not mean Defendant agreed with the Facts & Findings, Conclusion of law. Of course Defendant would never agree to a $6,176,000 judgement when there was not a penny of actual loss or damages, Defendant never defamed Plaintiff and Defendant is penniless.

     After the opinion was released Plaintiff’s attorney Randy Turner continued to brag about his close relationships with the Judges and Justices in the case. Randy Turner and his wife Patti Gearhart-Turner have been lawyers in Fort Worth, Texas for over 30 years. They are on many panels, boards, committees with these same Judges and Justices in this case and the previous one. Randy Turner in his business websites brags about his communications with the Justices.

     In the previous case UCLA freedom of speech lawyer professor Eugene Volokh even wrote an article about the opinion[15] stating the opinion was clearly in the wrong in regard to protection for media defendants. Defendant was and still is media. In the previous case Plaintiff Lollar bragged in court many times that Lollar was a public figure in regard to bats and non-profits. Justice Dauphinot merely stated Lollar was not a public figure, Defendant is not media so defamation would not have to be proven. Justice Dauphinot even stated Defendant never stated Defendant was indigent until after the trial. That is completely false. For Justice Dauphinot to affirm $3,000,000 in compensatory damages and $3,000,000 in exemplary damages when there were no damages whatsoever and Defendant had a negative net worth is beyond surreal. As the claim was allegedly with malice this is an unjust life long financial death sentence for Defendant.

     In Plaintiff’s reply to motion to dismiss Plaintiff’s attorney Randy Turner for no reason includes information about Justice Lee Ann Dauphinot’s son’s criminal record stating it’s not really his criminal record. Defendant believes Turner did this to further defame Defendant to the Judges and Justices in this case. Randy Turner has been having ex-parte communications with the Judges, Justices in this case. For this reason Justice Dauphinot should not be on the panel in this appeal.

     For all these reasons the new case must be dismissed. The older identical case must also be reversed as Plaintiff’s have unclean hands as they forged the evidence, committed fraud and perjury. Defendant must appeal the Motion to Dismiss which was denied by Judge Mike Hrabal in County Court 3. This  notice of appeal is filed in County Court 3 and the Second Court of Appeals of Texas. Defendant requests a stay in the case on appeal.

           

                                                                           ________________________________

Mary Cummins, Defendant Pro se

                                                                                  

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[1] Mary Cummins’ Motion to Dismiss per Defamation Mitigation Act, Citizen Participation Act, Forgery, Perjury, Fraud, Lack of Jurisdiction, Statute of Limitations (minus filed exhibits) http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf

[2] Mary Cummins Motion to Dismiss w/o Exhibits http://animaladvocates.us/DEFENDANT_motion_dismiss.pdf

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

[4] Defendant’s Exhibit 5 http://animaladvocates.us/def_exhibit_5.pdf

[5] Real online Exhibit 5 https://www.indybay.org/newsitems/2013/02/21/18732538.php

[6] Three USDA emails forged by Lollar http://animaladvocates.us/usda_email_forgery_proof.pdf

[7] Randy Turner files Motion to Strike his own Expert http://animaladvocates.us/batWorldLawsuit/motion_strike_expert.pdf

[8] Randy Turner’s ihatemary page in his business website http://web.archive.org/web/20141206181833/http:/www.randyturner.com/index.php/randys-cyber-stalker

[9] Amanda Lollar defamatory, bizarre blog post about Defendant http://web.archive.org/web/20150902095338/http://mary-cummins.co/2014/10/28/is-mary-cummins-obsessed-with-pedophilia/

[10] Gaming the Judicial System http://marycummins.com/eliminate%20assigned%20judges.pdf

[11] SudderthCoverup website http://web.archive.org/web/20110128081632/http://sudderthcoverup.com/

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

[13] Paul Alan Levy, Public Citizen, amicus brief http://www.animaladvocates.us/cummins_amicus_brief.pdf

[14] David Casselman, ElephantsinCrisis.org, Cambodia Wildlife Sanctuary http://www.animaladvocates.us/mary_cummins_v_bat_world_sanctuary_amicus_letter.pdf

[15] Eugene Volokh, Washington Post, ‘Nonmedia’ speakers don’t get full First Amendment protection, rules a Texas Court of Appeals panel https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/20/nonmedia-speakers-dont-get-full-first-amendment-protection-rules-the-texas-court-of-appeals/

                                                                      

Temporary injunction hearing cancelled by Texas attorney Randy Turner

This was after I sent a notice and motion to the court and Appeals court stating how unjust it is to not allow an out of state pro se indigent disabled party to appear by phone. I can only guess Randy Turner didn't want to cause problems for his wife who used to be on the ethics and professionalism committee with her friend Justice Don Willett. I'm starting to feel that the people on ethics or over sight committees are intentionally on those committees to make sure they don't do their job. Unethical attorneys overseeing unethical attorneys. Patti Gearhart-Turner must be unethical if she is supporting her unethical, unprofessional husband who commits forgery, fraud and perjury in court.

Randy Turner cancelled the hearing stating the case is in appeal. Who is running the court, the attorney or the judge? He did this immediately after the court coordinator stated she'd put my motion for telephonic appearance on for hearing same time as motion for injunction. I actually asked for a hearing previously but nothing happened. I assume Turner cancelled as he knew I would then be allowed to appear for the injunction hearing. He wouldn't win by default due to lack of appearance.

Just now Justice Don Willett stated that people don't know which Justices voted for granting an appeal. That was not the case in my case. It appears Justice Don Willett per Randy Turner told him there were no votes.

"Yes—4 to grant a #SCOTUS case. "Who voted how" info might be in retired Justices' papers—released MANY years later."

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