For PRK: Hi Ho, Silver

From the Southeast Texas Record:

Philip Klein's quest to unmask his nemeses ends in defeat

"Who was that masked man?"

Nearly every episode of a long-lived and beloved radio and TV western ended with that question -- and its answer, the name of the title character: "The Lone Ranger."

Of course, "The Lone Ranger" was merely a nom de guerre. No one but Tonto, his faithful Indian companion, knew his real name.

The Lone Ranger was the first of a long line of masked defenders of truth, justice and the American way. The Phantom followed, then Superman, Batman and countless others.

"Why do they conceal their true identities?" "What do they have to hide?" "Are they lawmen or outlaws?"

Those are the questions asked of all costumed crime fighters - the same questions asked of anonymous bloggers, as well.

Why would bloggers want to conceal their true identities? To protect themselves and their loved ones from intimidation, ambush and reprisal is one good reason.

The motives don't really matter because the American legal system has long recognized that our constitutionally-guaranteed right to free speech includes anonymous publication.

Local political blogger Philip Klein is an erratic defender of free speech. He's in favor of it for himself, but not for others.

Klein invoked the First Amendment to defend himself against a defamation suit filed by a public official objecting to posts on Klein's Southeast Texas Political Review blog.

Then Klein went to court to try to get the names of bloggers posting anonymously about him, so he could sue them for defamation.

Fortunately for the bloggers, and for the rest of us, the Supreme Court of Texas affirmed a federal law prohibiting the unauthorized identification of internet service subscribers.

Last month, a local judge denied Klein's petition to take depositions in the case.

So, who were those masked men (or women) posting about him? Philip Klein may never know. And that's the way it should be.

Hi ho, Silver!

This editorial is greatly appreciated, but the real hero is our attorney, Jeffrey Dorrell.

Although Philip and his counsel, John Morgan, tried to make an end run around the First Amendment with some highly unethical legal maneuvers, Jeffrey eloquently argued our constitutional right to ridicule the town idiot anonymously.

As the editors of the Southeast Texas Record noted, our reasons for remaining anonymous are not germane. And this is a fundamental principal upon which the United States was founded.

• Read Jeffrey’s argument before the Texas Supreme Court here.
  
• Read the Texas Supreme Court decision here.

PRK is now memorialized in the Southwest Reporter as In Re Does 1&2, 337 S.W.862, 863. He’s footnoted as an idiot whose world view doesn’t extend past his own ego, and who didn't introduce any evidence to back up his outrageous allegations at his own evidentiary hearing.

Thanks, Jeffrey!

Open Letter to Philip R. Klein

Dear Philip;

You should  add this website to your next lawsuit.  It's hard to argue that you're not a public figure with this kind of exposure.

Sincerely,

Gus

We Beat Philip R. Klein!

After two-and-a-half years, Judge Donald Floyd of the 172nd District Court denied Philip R. Klein's 202 petition that would have authorized Google to release account information about this blog and the Sam The Eagle Political Review blog. According to our research, we believe this to be the longest-running 202 petition in the history of Texas jurisprudence:

In the original petition, PRK sought a court order that would have forced Google to release our account information on Operation Kleinwatch and the Sam the Eagle Political Review.

We mandamused Judge Floyd on his original decision to allow an illegal subpoena of this information from Google. After the 9th Court of Appeals upheld Judge Floyd's decision, we filed our mandamus with the Texas Supreme Court.

The high court reversed Judge Floyd's decision and held that releasing this information without an evidentiary hearing on the merits of Klein's arguments was indeed improper. The court rebuked Philip and noted that his allegations and evidence were "sketchy," and with their decision, the court set precedence in Texas on the proper use of these 202 petitions.

The decision is now published in the Southwest Reporter and I'm forever known as John Doe 1. Philip R. Klein now known forever as serial abuser of our state courts.

• See that decision here.

The order was rescinded and remanded back to Judge Floyd. After repeated attempts by our attorneys and much foot-dragging by Philip R. Klein and his attorney, John S. Morton, Esq., an evidentiary hearing was held on Jan. 17, in which PRK introduced NO evidence to support his claims that we invaded his privacy, stole his copyrighted work, inflicted emotional duress on him and his family, or defamed him.

We did, however, admit that we posted a parody of a dog magazine with Philip on the front cover - the title of the article: "Fat Men Who Love Their Dogs Too Much," as a parody of this piece from MSNBC. Draw your own conclusions, but according to Philip's arguments, he apparently believes we exposed his penchant for dating farm animals.

Special and Important Notes

Firstly, to our attorney, Jeffrey L. Dorrell: You are the best! Your well-executed arguments were spot on and deadly. As we've discussed, watching your filings go by was analagous to watching someone drop pianos on Philip from a 10-story window. I don't have the words (believe it or not) to express the gratitude I feel over your participation.

Thank you, Jeffrey, truly you are the real hero in all of this! I salute your dedication to protecting our First Amendment rights. And, reading your written arguments served as an important intellectual respite from Philip's childish, but mind-numbing gibberish.

• Read more about Jeffrey here.

To Philip R. Klein: the original thesis of this blog still stands - you are a scurrilous piece of human flotsam. I'm now absolutely sure you're a liar, as our attorneys showed when cross-examining you under oath.

Really, no one believes that new story you concocted about surveiling Brent Coon's office - unless one has X-ray and telescopic vision (which I'm sure you believe you do), no one can read a computer monitor through a window from 100 feet away when the monitor is actually facing away from the window.

Philip, eat my shorts.

To Brent Coon and the other named parties in this suit: I am sorry that all of you were dragged into this suit, based on Philip's wild and crazy speculations. As I've repeatedly pointed out on this blog, I'm not associated in any way with you, nor do I even know you.

These claims are more representative of Philip's emotional problems and poor self-esteem - he obviously believes he's much too important to be ridiculed by one old man and a free blogger account. I'm truly sorry for the time and emotional energy you've had to expend, but I greatly appreciate your patience and support.

Your attorney Jason Cansler deserves special thanks, too - Jason and Jeffrey gutted Philip on the stand. Thanks!

To my readers: It's safe to come out again! I can't tell you how much your support meant to me. I've (literally) heard from hundreds of people in the past several years, many with their own stories about Philip. Many have signed their names and some of those truly stunned me. I don't think I realized how many people that Philip has wronged, either through his words or deeds, in the past years. Without that support, this blog couldn't go on - for this I am truly grateful.

I sincerely apologize for letting the blog go dark over the past months. I originally intended this blog as an entertaining hobby. As this suit wore on, I spent way too much of my own personal time and energy fighting Philip in the courts and my interest in keeping this blog up-to-date waned. I really am an old man who enjoys ridiculing idiots who insist upon thrusting themselves into the middle of any debate.

And, I hit a wall - after several years of deconstructing Philip's spurious arguments, exposing his blatant lies, and uncovering his hidden agendas, I discovered that Philip just kept repeating the same tired allegations.

For example, I've lost count of the number of times that Philip has claimed Judge Layne Walker was "under investigation" and that "charges are pending." I suspect that Philip's most recent attack on Judge Walker has more to do with the custody suit brought by John Morgan, Philip's attorney, against his ex-wife, than Philip's silly "investigations."

Roughly 3,000 people followed this blog regularly during it's most active periods, so I have this to say: there is more to come, so check back regularly. I've only just begun - look for an extreme makeover of this blog in the next few months.

As a special preview, I plan to review Philip's forthcoming book on Patrick McDermott's underwear. That is, if the book ever sees print. According to popular rumor, Philip's contract with an Australian publishing firm was canceled after pre-sale orders were so abysmal that the publishers realized no one cared about Philip R. Klein and his paid vacations to Cabo San Lucas and L.A.

And lastly, to my cohort and friend, Sam the Eagle: Sam, if only we could tell the whole story! Though I had no idea who you were before Philip filed this lawsuit, you've become a close and valued friend in the past 30 months.

Thanks for occasionally saying some things that I felt uncomfortable saying - as you know, I don't use profanity, but sometimes your four-letter words are more devastating than pages of my meanderings.

Job well done, Sam! Should we invite Philip when we offer a toast to the next five years of ridicule and satire?

Philip R. Klein: SLAPP Suit Stooge

Philip R. Klein is a bald-faced liar. We’re going to prove this in a court of law.

We also suspect that he may have fabricated an email message upon which his entire Third Amended Petition is based. Neither is this the first time that Klein has been associated with documents of a dubious nature.

Klein produced a similar document purportedly faxed to him by a close friend of Patrick McDermott, Cacma D. This fax had many of Klein’s signature grammatical train wrecks, as telling as fingerprints on a smoking gun. Read more here and here. Readers may also remember this spurious “affidavit,” purportedly filed by Klein with the “US Government.” More on this below.

Jeffrey L. Dorrell, representing Operation Kleinwatch and The Sam the Eagle Political Review, filed a motion on Friday, June 10, 2011, to disqualify Klein’s attorney. Similar to a Laurel and Hardy comedy, John S. Morgan has now inserted himself into the direct chain of evidence surrounding PRK’s SLAPP suit. More below.

In the two years since Philip first filed his nuisance action, PRK has not produced any substantive evidence to support his wild claims of sex with animals and copyright infringement. Instead, Philip has actively avoided our attorney’s attempts to examine his statements under oath. To even the most obtuse, Klein’s legal actions are clearly intended as harassment.

After the Texas Supreme Court noted that Klein’s original arguments were “sketchy”, the justices directed Judge Donald Floyd of the 172nd District Court to grant our original motion to quash.

Klein then filed his third amended version of his nuisance suit, where he named a number of innocent parties who have nothing whatsoever to do with our blogs. In this pleading, PRK detailed a manufactured conspiracy:

Petitioners also seek to depose Shon Hodgeston (sic) of the Brent Coon and Associates (B.C. Law firm), who sent the undersigned counsel an e-mail stating that we was working on behalf of “B.C.,” the man behind the B.C. Bloggers; and he was reporting to B.C. for direction in the matter. This e-mail has been traced directly to the B.C. law firm. On this same basis, Petitions (sic) seek to depose Brent Coon of the B.C. Law firm.

Petitioners seek to depose…Mr. Hodgeston (sic), Mr. Harrison, and Mr. Coon to determine the identities of all persons and/or entities contributing to the B.C. Blogs and the B.C. Bloggers.

In a posting entitled “Exposed” from April 5, 2011, Philip elaborated:

Over the past years we have been tracking on IP address that has been posting fake - slanderous and sick emails saying they are use (sic). One person in the media has been a target. And others have been targeted. That IP address has been confirmed as being registered to and coming from the 200 block of Orleans Street, Beaumont, Texas.

Once we were able to "trap" the IP - other sites helped us track postings and we created a sight (sic) of interest in order to trap IP addresses.

The address listed for the postings came back to the Brent Coon Law Firm. All of the posts, and registrations came back through severs (sic) that we tracked back to the Brent Coon Law firm - and an associated business of the Brent Coon Law Firm, located at 215 Orleans, Beaumont, Texas.

In this section, Philip referenced an incident where he was exposed as the author of lewd anonymous comments about Kelli Phillips, a local TV news anchor. I’ve previously documented those circumstances here. Klein produced the bizarre affidavit mentioned above. This affidavit was never filed with any governmental agency, despite Philip's claims.

The “Exposed” article continues:

During the time of the 202 suit that was filed - the two web sites hired Mr. Jeffery (sic) Dorrell of Houston Texas to write their briefs and to represent them in the discovery process. He has filed an answer for the two sites and has clearly said that he represents them.

This morning - a copy of an email was forwarded to the Review. The email was forwarded to our counsel of record in an apparent mistake. The email is from Operation Kleinwatch Pvt email account. In that email received today - it clearly states : "Thanks - will tell BC. Let me know what Morgan's response is."

As well, the email shows that there is direct communication between the worry regarding upsetting Neil Harrison, of Clear Channel Communications, who they are worried about turning on them and filing suit against them. As well - connecting Brent Coon directly.

We conclude this after tracking the IP address of the email - which again is tracked to the same IP address we have been tracking.

A true and correct copy of the email is listed here :

Date: Mon, 4 Apr 2011 19:42:56 -0700
From: operationkleinwatchpvt@yahoo.com
Subject: Re: PRK v. Google
To: jdorrell@escamillaponeck.com; john_morgan9@msn.com

Thanks - will tell BC. Let me know what Morgan's response is.

Do you know if Harrison has an attorney yet and if so, can he sue us for anything?

Again, the email was sent to our counsel by mistake. OKW clicked "Reply To All" by mistake. Because the email as had our counsel's name on it - and it was from a party to the suit - it is not protected.

We now know operationkleinwatch is run and operated by Brent Coon - or the Brent Coon Law Firm - or an agent of such.

Draw your own conclusions from this message, but Klein repeated these fictitious claims on his Lawsuit Update page, where he named yet another innocent party:

An email is sent to Klein's counsel by accident. In that accident - it is sent by one of the possible parties. The IP address of the email is tracked back to Brent Coon and Associates building - holding Coon Dog Productions. In the email a reference is made regarding telling "BC" of what is going on and updating him on the 202 lawsuit. A complete search is done on the IP and is found to be owned by Brent Coon and Associates. Post further "review" the name Shon Hodgkinson is seen.

On May 6, 2011 - two names are now added to the 202 being Shon Hodgkinson and Brent Coon. Depositions are to be scheduled.

Philip’s logic breaks down in several places. The biggest issue with Klein’s invented investigation concerns this email purportedly sent by Shon Hodgkinson. As shown in our attorney’s motion to disqualify Morgan, Shon has categorically denied these spurious allegations.

Apparently, PRK forgot that our attorney received the same email. Here is the portion of the message header that shows the originating IP address of this message where it entered the Yahoo mail server:

• Received: from [94.23.152.124] by web121002.mail.ne1.yahoo.com via HTTP

According to RIPE, one of five internet registries, the IP address 94.23.152.124 is registered to OVH.net, a company in Paris, France. To follow this message further would require another court order, served internationally, for access to the company’s internal server records.

Klein ran willy-nilly into a brick wall while obtaining a valid order to access Google’s records in the US and he has not notices to access these server records in France. So much for Philip’s “investigation.”

And yes, Philip, we have some real expert witnesses.

The implication is obvious: Philip R. Klein lied on a court document.

Furthermore, Klein’s attorney, John S. Morgan, inserted himself into the chain of evidence by forwarding this message to Philip Klein without following proper procedure according to the Texas Disciplinary Rules of Professional Conduct. As noted by our attorney in his motion to disqualify, Section 3.08 expressly prohibits John Morgan from representing Philip Klein now.

Was this just stupidity on John Morgan’s part, or is he complicit in a scheme to defraud the court to further Klein’s frivolous action when his petition ran out of gas? If our investigation shows that Klein and Morgan are indeed responsible, Philip may be subject to prosecution under Section 37.09 of the Texas Penal Code:

Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE. (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he:

(2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.

Will Jefferson County District Attorney Tom Maness prosecute? Probably not and I don’t think he should.

Philip has already wasted a great deal of "your tax dollars from we the taxpayer" in court costs for his $175.00 filing fee. Perhaps the county should set a new fee for Philip based on head count and number of "amended" petitions filed. And this is only one of three such lawsuits that Philip is pursuing right now!

Instead, we have another goal. If Governor Rick Perry signs the Citizen Participation act, passed unanimously by the Texas Senate, we intend to brand Klein’s name on the first SLAPP suit thrown out of court in the state of Texas under this proposed law.

From the Southeast Texas Record:

The House version of HB 2973 was filed by Rep. Todd Hunter, R-Corpus Christi. Sen. Rodney Ellis, D-Houston, and Sen. Kevin Eltife, R-Tyler, filed the Senate version, SB 1565.

In addition to bipartisan support in the Legislature, the measure is backed by Texas Daily Newspaper Association, Texas Press Association, Freedom of Information Foundation of Texas, Texas Association of Broadcasters, Texas Watch, Consumer's Union, the Institute for Public Justice, Public Citizen and the American Civil Liberties Union.

On her blog SlappedInTexas.com, Alicia Wagner Calzada, cites the Beaumont case of In Re John Does 1 and 2, a SLAPP suit aimed at revealing the identities of anonymous bloggers "Operation Kleinwatch" and "Sam the Eagle Weblog" who blog about another blogger, Philip Klein.

Klein's company (but not Klein himself) obtained a discovery order which subpoenaed from Google the identities of the anonymous bloggers. The John Does moved to squash the subpoena and the court denied the motion, ordering the identities to be revealed.

Recently the Texas Supreme Court granted mandamus relief to the anonymous bloggers, ruling the the trial court had abused its discretion.

"If the Texas Citizen Participation Act had been in place, this case could probably have been handled through a motion to dismiss and might not have had to seek the extraordinary relief of a writ of mandamus ruling from the Texas Supreme Court," Calzada wrote.

A Real Lawsuit Update:

The narrative above is specific to the opinions of the original parties, Operation Kleinwatch, The Sam the Eagle Political Review, and our attorney, Jeffrey Dorrell. I do not represent nor presume to speak on behalf of any other parties named in Philip’s subsequent filings.

Here’s an update on the other named parties.

Google

According to Philip R. Klein’s Lawsuit update page:

Deposition Notices Are Issued -April 19, 2011
Google Executives and their Law Firm are noticed for deposition under the rules. Meaning - in order to comply with the 202 ruling by Supreme Court - a deposition in person is ordered for Google Executives.

No deposition notices were issued – Philip just made it up. Google is no longer an active party in Philip’s frivolous suit.

Before Judge Floyd will sign a deposition notice to Google, Klein’s attorney, John S. Morgan, Esq., must first produce a notice for the Judge to sign.

Philip’s attention has shifted, even though Google is the only way that Philip can connect anyone to Operation Kleinwatch and The Sam the Eagle Political Review. Philip can depose the entire population of Jefferson County (and may indeed try), but it's only hearsay until he has the account information and server records from Google.

Klein's actions are solely intended to harass his critics and those with whom he has a personal agenda.

Brent Coon and Shon Hodgkinson

Philip claimed on his Lawsuit Update page:

The 3rd Amended Suit Is Filed - Two Names Added / Harrison Contempt Order
The Review files its third amended 202 Suit. Two names are added. Mr. Brent Coon and Shon Hodgeston [sic].

Coon and Hodgeston [sic] have yet to respond to their service - that service is due June 13, 2011 by 5 p.m.

Like Google, Coon and Hodgkinson do not have to respond until an actual notice is signed by Judge Floyd. However, I’ll comment on the paper storm currently headed in Philip’s direction as it happens.

Michael Neil Harrison

From the Lawsuit Update:

Hearing Held June 8, 2011
The Review holds a hearing with the court. The court wanting to be sure that Mr. Harrison has every opportunity to respond (because he no showed again) - decides to have a final hearing on the matter. Motion for "Default Judgment" is then filed against Harrison with sanction (s) request. If Harrison does not appear or hire council to appear - he will be found in a Default Judgment and Klein requests all legal fees to be paid in judgment. The final hearing notice is distributed.

Operation Kleinwatch and STE lawyer shows to the hearing - but states that he IS NOT any parties lawyer - he is just there to "watch."

There was no hearing - Philip just made it up.

The only truth in this account is this: Harrison did not attend, but Klein, Morgan, and Dorrell did. Morgan was taken alone into the Judge’s chambers, where he was told to reset the hearing when Harrison could attend. The hearing never took place and our attorney never had an opportunity to speak.

Neither is the default judgment for attorney's fees as Philip claims. Rule 202 of the Texas Rules of Civil Procedure provides no such remedy. Instead, this judgment would require Harrison's deposition.

Unfortunately for Philip, Harrison’s motion to quash Klein’s defective service is scheduled for July. In a conversation with the court clerk, our attorney discovered that Klein’s attorney tried to change the date on Harrison’s motion at least twice. The court clerk told John S. Morgan that this was improper procedure and highly unethical.

Should Judge Floyd order Harrison's deposition before determining whether he was properly served, Floyd would be subject to another mandamus. We've recommended a good attorney to Harrison.

Strike Three

For the second time, Philip R. Klein avoided questioning under oath in a court of law.

Our attorney, Jeffrey L. Dorrell, originally scheduled a new evidentiary hearing on his Second Amended Petition for this Friday, May 27, 2010. Philip rendered the hearing moot by filing his Third Amended Petition.

Read a copy of Klein’s filing on his website through this anonymous link.

Because of Klein’s filing, this statement on the Southeast Texas Political Review is a blatant lie:

Discovery begins. We await the 202 Hearing and possible contempt hearing for June 3, 2011. The May 27, 2011 is passed by the bloggers attorney.

Our attorney did not cancel the evidentiary hearing; instead Philip avoided testimony under oath by filing a new petition. With five or six more amended petitions, Philip could easily easily avoid questioning until 2020 or so.

Likewise, there is no contempt hearing scheduled for June 3, 2011. A hearing on Harrison’s motion to quash Philip’s defective service was originally scheduled, but Harrison reset the date until July.

Philip just made it up. Until Klein Enterprises et. al. files a new motion seeking a deposition in this matter, there is no “202 Hearing” scheduled.

As it stands now, it’s Philip’s move.