Jun 11, 2011

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.

24 comments :

Anonymous said...

I believe Gus' story.

Anonymous said...

Sounds like Kleiner brought a pomeranian to a dog fight with two pit bulls.

Anonymous said...

A Mack truck with Gus at the steering wheel has just run over PK, leaving tread marks on his butt.

Anonymous said...

Klein's too fat and stupid to get out of the way.

Anonymous said...

Poor Phil, he brought a dull and rusty butter knife to a gun fight.

Anonymous said...

Anonymous 1:32, then add in the fact that PRK isn't too smart to start with.

Anonymous said...

When the multitudes he's slandered decide to file against PRK, I expect Beaumont BPD Lt. Mark Pierce will be among them.

Anonymous said...

Agreed, however one thing is true. If Mark Pierce is even remotely considered for Chief of Police Beaumont has some serious issues.

Anonymous said...

Klein should rename his site to the SETx Tabloid.

Anonymous said...

As long as Philip Klein uses his blog like the bathroom wall of a cheap truckstop, he will have no credibility.

Anonymous said...

That's because Phil's understanding of politics is limited to sex and farm animals.

Anonymous said...

Just think, the problems -- real or imagined --that beset our counties, cities and school boards would vanish if those elected officials would heed the wisdom of PRK!

Lindsey said...

Anything with the words "Kountze" and "U.S. Attorney's Office" have been in his crosshairs lately. Mark Pierce is a great guy and a good cop. He doesn't deserve to be slandered like he was, especially after the insanity his ex put him through.

Klein's just a petty little nobody that can't handle being exposed for the liar that he is. Go get 'em gus!

Anonymous said...

Friends of Louis Barrow, another candidate for Beaumont PD chief, sent a cowering Fillup to the woodshed. Are his "sources" real or does he just make them up? Either way -- "unbelievable."

Anonymous said...

Did Gus die? C'mon Gus. Our boy is out of control.

Anonymous said...

Maybe Gus and Sam are ROFLAO while Klein's "sources" are loudly disputing each other.

Anonymous said...

No investigation against any local Judge. Another LIE. He just keeps making his circles throwing punches daring anybody to punch back. The punch is coming.

Anonymous said...

Wasn't there a hearing today or was it cancelled?

Anonymous said...

Klein assured us that the "fix" was in to name Louis Barrow as chief of the Beaumont PD. Gosh, if we can't trust Phil, who are we going to turn to for the facts?

Anonymous said...

Actually PK is looking mighty trim these days!

Anonymous said...

I'm surprised PRK doesn't say anything about the port of beaumont investigation. I guess PRK is in Pete Shelton's pocket...

Anonymous said...

fil, what does "sorted past" mean in your comments about Jonathan Stovall?

Anonymous said...

Can someone tell me what has happened to this site. We need it very badly.

Anonymous said...

Klein's last week hatchet job on Judge Layne Walker was done the same day Judge Walker signed a divorce court order AGAINST Klein's attorney, John Morgan. Walker was asked to sign the order in the absence of another Judge.Walker signs the order hence a hatchet job followed by fabricated emails. Typical Klein tactics. No truth to it at all.