Friday, December 18, 2009

HELP! Fort Worth Needs Legal Help. NOW!

Okay, I've not been subtle at all about my belief that this zone of Texas, that I live in, is poisoned by astonishingly bizarre and obvious corruption. It's like there is some sort of protective bubble surrounding this area that keeps the Forces of Good at bay and lets miscreants like Mike Moncrief be in positions of power where he can let his conflicts of interest run amok with, apparently, no fear of Federal Indictment or much needed jail time and fines.

I don't get it. It's as if God has forsaken the Buckle of the Bible Belt.

And then we have Chesapeake Energy, run by a man, Aubrey McClendon, widely believed to be nothing but a low-life lying swindler, running roughshod over the entire area covering the Barnett Shale. With no responsible, adult, government in place to enforce little matters. Like the law. And protecting its citizens from Fascist Bulldozers.

So, we have a situation where the Chesapeake Energy bad boys tried to force a non-odorized natural gas pipeline under the homes along Carter Avenue in a modest neighborhood of Fort Worth.

Carter Avenue continued to protest, but all, but one, eventually caved to the Chesapeake Energy threats of using eminent domain to steal their property. Chesapeake Energy knows it can make such threats because Chesapeake Energy has the City of Fort Worth in its pocket. Chesapeake Energy pays money to Mike Moncrief in the form of dividends on the shares Moncrief illegally owns of Chesapeake Energy. In other parts of America and the world this is what is known as a bribe. A sophisticatedly constructed bribe, but a bribe nonetheless. And participating in such a scheme is what is known as racketeering. Moncrief would make a good Mafia boss.

Carter Avenue and much of Fort Worth and the surrounding area celebrated recently when it was learned that Chesapeake Energy was dropping its plan to stick non-odorized gas under Carter Avenue.

Yet, even so, Chesapeake Energy continued with its eminent domain assault on Steve Doeung's home and property. Why? And why would this case not immediately be thrown out? Since Chesapeake Energy no longer can make the case that it needs access to Steve Doeung's land.

Who's thumb is the judge under? Does he have stock in Chesapeake Energy, just like the Mayor Moncrief has? Is this even a real judge? Sadly, you have to ask that question in Texas.

Is there not one lawyer out there who feels a Clarence Darrow like calling to fight against corruption to win one for the little guy? My little sister is a lawyer and is quite fiesty. But, she is not licensed to practice in Texas. She practices in Washington.

Below, courtesy of Fort Worth's Watchdog, Don Young, is Steve Doeung's account of what he was subjected to this morning in a Fort Worth, Texas courtroom courtesy of the legal thugs of Chesapeake Energy...

Dear Friends and Neighbors--

Here's a brief summary of my court hearing this morning, which lasted about 45 minutes and witnessed by supporters Don Young and Esther McElfish.

1. The Court took up CHK/TMGS' petition to "reinstate" the Writ of Possession, which the Court had apprently withdrawn from them after I had filed my Objections and motion to Dismiss on the morning of 10/15/08. This Writ would give them immediate possession of my property and they sure are wanting it pretty badly. This with-holding of the Writ of Possession by the Court for over a year now (their lawyers also moaned about this fact) is no small matter, any way one looks at it.

2. Their two lawyers argued that the Court should release the Writ to them today. They appeared so certain of the outcome that they had an attorney from the City of FW appear to collect a $400+ claim for some kind of boarding up of a shed in my back yard that they said occurred in 08/05. The lawyer left without the money which was to be taken from the so called "award" paid by CHK/TMGS for the "taking" of my property using eminent domain power.

3. The was a pretty spiritted debate between me, the judge, and their lawyers about the validity of their actions as well as over the truthfulness of their representations. Their view of the truth and the Court's interpretation of truthfulness were the most disturbing part of the whole thing:

(A) CHK claimed that they petitioned the Court to have an attorney ad litem appointed to represent me in the eminent domain/condemnation proceedings (an already lob-sided procedural requirement to forcefully take my property) because (i) they could not locate me after exhaustive searches and (ii) because they had followed the due process requirement in such a situation of "citation by publication" (weekly in the local paper for several consecutive weeks). The results: (i) the facts overwhelming contradict this claim and (ii) they were caught on three different instances of not telling the truth regarding this because there is NO EVIDENCE that such action was EVER taken. However, the Court downplayed and even almost defended these outrageously false representations--by highly educated and experienced lawyers, not some poor guy.

(B) CHK keeps claiming that my Objection and Motion to Dismiss is a procedural response to the decision/"award" of the Three Special Commissioners. It took some time and persistence but the Court was forced to admit that I was not privvy to the decision/"award" (CHK was caught red-handed--AGAIN, claiming that they had provided me with the information) and thus could not have objected to something that I was intentionally shut out of=the appointment of an attorney ad litem, who was paid by CHK. The Court again minimized my pointing out that CHK's lawyer had claimed that THEY HAD TOLD THE ATTORNEY AD LITEM THAT HIS SERVICE WAS NO LONGER NEEDED AFTER I WAS SERVED WITH THE NOTICE OF THE SPECIAL COMM. HEARING ON 09/17/08 AND PORTRAYED THE AD LITEM'S CONDUCT AS (MY WORD) "A ROGUE LAWYER DOING HIS OWN THING WITHOUT MY KNOWLEDGE OR INVOLVEMENT".

(C) The Court also did not seem to have any problem with the fact that the appopintment of the ad litem was based on false representation, which essentially robbed me of due process and "my day in court"/"the right to be heard". He saw no problem with this willfull denial of my constitutional rights. He denied that any of my legal rights had ever been denied or compromised---no matter the facts and the laws.

(D) The Court and CHK tried to portray me as delaying the whole case by asking for continuances when in fact it was CHK and the Court that had proposed the most recent delay despite my declaration on 01/16/09 (on the records) "Although I cannot afford or find an attorney, I am ready to proceed, Your Honor." They did not like me bringing up facts and asking for proof of certain claims.

(E) The Court admitted that the clerk should not have denied me access to the so called Sp. Comm.'s decision/"award" documents that CHK/TMGS had filed with the court on the afternoon of 10/15/08, but once again deflected my point that it was the (my word, here only) fraudulent appointment and participation of the ad litem that would explain why the clerk refused me access SINCE BASED ON THE FILE I WAS A MISSING PERSON AND DID NOT EXIST THUS WOULD/SHOULD NOT BE GIVEN ACCESS TO COURT DOCUMENTS.

(F) After reading and re-reading the Texas Property Code (Ch.21), the Court reluctantly had a copy of the Sp.Comm.'s decision/"award" made and handed to me while, ironically, admonishing me to follow procedure by serving my Motion to CHK/TMGS properly (HE HIMSELF HAD TO GIVE ME THE DOCUMENTS THAT CHK/TMGS WERE SUPPOSED TO PROVIDE AND HAD CLAIMED THEY HAD PROVIDED--BUT STILL REFUSED TO DISCLOSE).

4. Court refused my plea to have legal counsel appointed to help me sort through all the legal issues related to the case, but he admitted that there is no law that would prohibit him from doing so, just lack of funds--to which I suggested that CHK put a sum in a trust fund so that I can hire an attorney and "make a sport out of this".


Y. Steve Doeung


Cheap Tricks and Costly Truths said...

One of my friends sent me a link to the Sierra Club for an attorney referral and then when I followed it...Don Young was the chair person...small world. :)

Got my feelers out...

Jovan Gonzales said...

That is horrible!!! It's a shame that Texans do not have the right to petition for a referendum on things such as this and all other eminent domain battles. I also hate that Ft. Worth is being run into the ground just as it's been making a great name for itself as it's own city and not just a suburb of Dallas. I'm actually very angry at this whole thing and I REALLY wish I had a law degree to help because I'd be using it on a lot more than just this case.

I think part of the problem is that many lawyers are probably working for firms that get contributions and such from these same large companies and thusly aren't allowed to contest them in court. It's like Drop Dead Diva (hahaha, a really gay show about a lawyer trying to be ethical and effective).

Maybe people should start chaining themselves to trees and such like back in the day. It doesn't help that so much of America (and even more so in Texas) is apathetic towards the people that run their government (local, state and federal). Don't lose hope though, Dallas was the same way just a few years ago and now a large chunk of the used-to-be government of Dallas is facing the consequences of breaking federal laws and such.

Next November is voting season, let's oust some of the stupid incumbents. You should be a campaigner, lol.

Anonymous said...

Mr. Durango--you exhibit more of the vaunted Texas spirit and straight talk than so-called "native Texans". Let's hope that this man will get adequate legal help (or not--he seems to hold his own against these thugs so far, not only to kick CHK's @#$% but maybe also get Mayor Gasbag and his cronies under oath to reveal their secret dealings that benefit them but harm the citizens. Your sister probably can tell you that information from a good deposition can lead to many other legal actions, including your vision of Snively Whiplash and co. taking the "perp walk". Stay on this, Mr. D., because it's obvious the Star Telegram and even other media have been compromised and subdued. This battle must be viewed and conducted as a public rebellion against corruption and tyranny. You're playing a major role, sir, whether you know it or not. You have the power of the pen.

Cheap Tricks and Costly Truths said...

Jovan, I luv that you're so intelligent! and always thinking of cool ideas. I also wish that you had a law degree, because I know you'd take 'em on!

Durango...a campaigner? Ya know, he did try to get the city to oust, Mayor Mikey, but it was as if the town literally had it's hands tied behind their backs and they were gagged. If I remember reading correctly...only 6% voted.

Jovan Gonzales said...

I only pretend to be intelligent! I am still an Aggie (so I can't be THAT smart, lol). If I had to money and wasn't already highly invested into my current degrees, I'd so go to law school. Maybe I'll take the LSAT just for kicks.

I think Dango could so be a campaigner or something. Hell, I'll campaign in North Texas even though I'm not registered in any Metro Dallas counties.

Anonymous said...

What a refreshing spirit and attitude, Jovan. Too bad, there's not a GED-type mechanism for a law degree. I bet you and Dango could pass it--separately or working together on the test:>) This Steve Doeung must not only have principle and guts to keep fighting this long against a well-known dirtbag billion-dollar$ corporation. He's got some serious points of facts and points of law in that folder of his--OR ELSE WE WOULDN'T EVEN BE TALKING ABOUT THIS AT ALL BUT INSTEAD HOLD OUR BREATHS ON THE ONE YEAR ANNIVERSARY OF THE CARTER AVE. PIPELINE/S. iF ANYONE CAN, YOU dURANGO CAN GET MORE INFO ABOUT AND FROM THIS TOUGH/BALLSY DUDE.