Mary Cummins, Amanda Lollar Texas lawsuit 2015-00259-3 - Judge Mike Hrabal County Court 3: corruption

Showing posts with label corruption. Show all posts

Tuesday, October 10, 2017

Links to legal documents, filings, exhibits, opinions in Mary Cummins case 2015-002259-3 County Court 3 Texas

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

Wednesday, July 20, 2016

Won the appeal of the contests to indigence

UPDATE: I just noticed they changed the docket format in county court 3. There were only one line entries previously. The now opened them into two line entries so you can see what was filed. I now see the court reporter filed something. Why didn't I ever get a copy? They have to file and serve via eFileTexas.gov It doesn't cost anything and saves paper and postage. The court reporter did not send me her contest. I have to get a copy. Thank god I replied to "contests." I thought there were two. I didn't realize there were three. Just like in 10/2012.

Below is a representation of the change in docket.

________________________________

Finally had the time to read the order more thoroughly. It seems the Court Reporter also filed a contest June 20, 2016. She never requested for it to be heard. It was never heard. It was also never served on me. I was not given notice. I never even got a copy. How can these people be so openly corrupt? I will continue to post all the documents and information on this case so people can see this corruption first hand. I now have to pray for a just panel of Justices. I already requested that Justice Sudderth, Justice Lee Ann Dauphinot not serve on the panel. Justice Meier, Justice Gabriel also cannot be on the panel. There will be three Justices on the panel. I assume they must be Justices Walker, Gardner and Livingston. I see they teach at the same schools, are on the same panels, commissions, bars ... as Randy Turner and his wife. I have to hope they will value the law and justice over personal friendships.
_____________________________

The Appeals Court agreed with my argument that the contests were not heard timely and are therefore overruled. That's the law.

Amazing Judge Mike Hrabal knew that I was in the right yet still ruled against me. He knowingly ruled against the law and evidence. It was his own court reporter who made the blunder about the hearing date. I should be thankful. That's probably why court reporters should not try to fill in for court coordinators. They don't know when hearings have to be set. I was shocked when she emailed and said she wanted to change the date. Then she instantly emailed back desperately begging to change it again. Too late.

It's just so shocking that a Judge who swore an oath to uphold the law would work so hard to deprive me of a fair hearing and justice. The corruption in Texas is beyond mind boggling. If these people don't want to uphold the law, they should get another job.

Texas attorney Randy Turner again using his connections to get Judges, court reporters, court coordinators and the DA to do his bidding. Who in their right mind would blindly do what Turner tells them to do? It's only gotten Judges, court reporters in trouble.

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

Tuesday, July 12, 2016

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

Mary Cummins

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

Friday, June 17, 2016

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

[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/

Mary Cummins

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.