Thursday, July 23, 2020

See for Yourself: Items for Tomorrow’s Motions Court Hearing

Tomorrow is motions court in Fairfax, which will be held via WebEx. At issue will be venue for two of the cases involving Grace Church.

In the case of Kelly Gable’s defamation, I have told defense counsel that I don’t have an objection to venue in Alexandria.

Of course, defense counsel also has filed a plea in bar raising the stature of limitations.  On that score, I have told the courts that the issue is a matter of black letter law. Specifically, when a defendant has concealed a cause of evidence, the statute of limitations is tolled by the express provisions of the relevant statute. In the instant case, Sugarland Chiow, perjuring priest Bob Malm, and the church had an obligation to produce the email in question, as it was squarely within the purview of discovery, Given that they clearly attempted to conceal other evidence potentially damaging to their case (including Jeff Aaron’s email in which he discussed potential retaliation against me for complaining to the diocese about Bob’s conduct), I have no doubt that they intentionally did so in this case.

Equally significant is the fact that Kelly stood in privity to the defendants. She was not an innocent bystander, but instead a vestry member who benefitted from Sugarland’s misconduct. It therefore is inappropriate that Kelly be permitted to benefit from this misconduct.

On the matter of venue in the case against perjuring priest Bob Malm, I am opposing transfer. Bob is no longer a resident of Alexandria, so he cannot be said to be inconvenienced. Moreover, multiple aspects of the case arose in Fairfax, including Bob’s efforts to engage in tortious interference with my contract of employment at a church in Fairfax County. Similarly, Fairfax County intervened in my favor after perjuring priest Bob Malm tortiously interfered with our memorial donations to the church. At best, this constituted breach of contract. At worst, it was fraud. And I can produce evidence at trial that this was done at the express direction of perjuring priest Bob Malm.

Below is my email to the law clerk working on the case, as well as my exhibits.

I’ll post as soon as possible after the hearing.