Some Red Flags About ‘Red Flag’ Laws

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Some Red Flags About ‘Red Flag’ Laws
Beth Alcazar – 09/24/2019

Some Red Flags About ‘Red Flag’ Laws

A terrible tragedy occurred in my home state of Alabama last month. As reported by the local news, a father and his son were involved in an argument that led to the 70-year-old father shooting his 45-year-old son in the chest in what he claims was self-defense.

Soon afterward, the Alabama chapter of Moms Demand Action shared the news — along with a comment — on social media. They posted:

’Investigators said James Adams and his son, Alfred Dewayne Adams, were involved in an argument Sunday night. They further stated they believe James told Alfred he was going to bed. Alfred then walked into the bedroom and James shot him in the chest. Some of the neighbors and some other family members can tell us about stuff that was happening through [sic] the years.’ This life could have been spared by utilizing a red flag law.

Some Questions

“This life could have been spared by utilizing a red flag law?” That’s quite a statement. And I wanted to post a few questions to Moms Demand Action. First of all, I wanted to ask: If the father truly used a weapon in self-defense, would a “red flag” law have disarmed him … and then spared the life of his violent son? Would the father be dead, then, in this particular situation? Beyond that, do “red flag” laws cover all weapons in the home? What if the suspect had decided to use a knife? Or what about prescription drugs or poisons? Does it cover a person’s bare hands and/or body? Could we confiscate those weapons, as well, whenever we feel there’s “some stuff that was happening through the years?”

Some Examples

And what about the terrible case in which a son killed his father and wounded his mother with a knife? Two months ago, in Arizona, the Yavapai County Sheriff’s Office reported that when the older couple returned home, “they noticed their 33-year-old son had consumed a large amount of beer. The parents argued with him over their drinking concern. He threw his phone at them and then went into the kitchen and grabbed two large knives. When he tried to stab his mother, his father intervened and attempted to restrain him while he was still in the kitchen. The son began attacking his dad. As the struggle moved from the kitchen into the living room, the son was able to stab his dad in the chest. The father collapsed to the floor.”

Or there’s this recent horror story from Illinois: A man in a Chicago suburb was arrested by local police after killing his own mother by stabbing her repeatedly with a samurai sword in the chest. Park Ridge Police had removed the murderer’s firearms two times, with the last time being in July 2019. So the suspect didn’t have a gun … but he still had evil intent. And he used whatever weapon he could find.

There’s also the atrocity from Nevada a few weeks ago in which a 36-year-old man bludgeoned a woman to death with a sledgehammer in what Las Vegas police said was a random attack at a laundromat.

I could go on. But I won’t. Perhaps you see the point.

Some Red Flags

Beyond the fear of just anyone pointing out someone else with a gun for no good reason or people wrongly having their firearms taken from them because of mistaken identity or possibly just being in the wrong place at the wrong time, there are so many red flags about “red flag” laws. Undoubtedly, we’d love to be able to stop crimes and keep bad people from harming or killing others. But this is not the movie Minority Report, in which police can employ some sort of psychic technology to arrest and convict murderers before they commit their crimes. Ultimately, we have to ask: Will “red flag” laws actually target violent people … or just people with guns? Because as the above examples (and countless others) show, the problem isn’t the firearms.

About Beth Alcazar

Author of Women’s Handgun & Self-Defense Fundamentals, associate editor of Concealed Carry Magazine and creator of the Pacifiers & Peacemakers column, Beth Alcazar has enjoyed nearly two decades of teaching and working in the firearms industry. She holds degrees in language arts, education and communication management and uses her experience and enthusiasm to share safe and responsible firearms ownership and usage with others. Beth is certified through the NRA as a Training Counselor, Chief Range Safety Officer and Certified Instructor for multiple disciplines. She is also a Certified Instructor through SIG Sauer Academy, ALICE Institute, DRAW School, TWAW and I.C.E. Training and is a USCCA Certified Instructor and Senior Training Counselor.


How many times have we heard about someone running over a bunch of people too. Even the car or truck can be a deadly weapon. If someone is dead set that they are going to kill, for whatever reason, they will find the tool to kill others with!

These gun grabbers want any possible way to take our protection from us. And these same gun grabbers are socialists/communists.

Impeachment can go more ways than one. These politicians that want to do away with the Second Amendment, work for us. When they were sworn in, they swore to honor and uphold the Constitution. Trying to do away with any of the Amendments to the Constitution, especially the Bill of Rights, is not honoring and upholding the Constitution. Violating one’s Oath of Office is usually grounds for them to be removed.

I say let’s remove their asses!
(Please note, I usually don’t comment on my own posts).

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“The Fraud Squad’s” Ilhan Omar Now Facing Up To 40 Years In Prison & Deportation If Steinberg’s Allegations About Her Past Are Proven To Be True In Court

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“The Fraud Squad’s” Ilhan Omar Now Facing Up To 40 Years In Prison & Deportation If Steinberg’s Allegations About Her Past Are Proven To Be True In Court
POSTED BY: DEAN JAMES JULY 18, 2019
https://rightwingtribune.com/2019/07/18/the-fraud-squads/
Posted by Dean James at Right Wing Tribune

David Steinberg released his latest report on controversial Rep. Ilhan Omar on Thursday, it can be read in its entirety at PowerLineblog.com.

Jim Hoft’s, The Gateway Pundit suggests that: According to Steinberg there is credible evident that Ilhan Omar and her family changed their name to illegally enter the United States back in 1995.

There are also allegations that suggests that Ilhan Omar, from that time forward, through her time as an adult, has continued to break United States law. Steinberg believes Rep. Omar committed perjury at least eight times, beginning as early as 2009. If proven in a court of law, the charges against the Muslim Democrat Rep could mean up to 40 years of prison time and/or even forced deportation.

If Steinberg’s research and allegations prove to be true, it would sure seem that Ilhan Omar has no regard for US law and yet there she is, “serving” in Congress representing Minnesota, voting on what becomes the law of the land in the greatest nation on Earth and is even a sitting member on the House Foreign Affairs Committee.

This story is developing quickly and David Steinberg has reported today on Ilhan’s alleged criminal activity.

Again, if the allegations are proven, it would sure seem that the Minnesotan Rep has no qualms about lying on federal documents. I’m not an attorney and I could be wrong, but that sounds like the “F” word to me … FRAUD.

Powerline.com Reported: Please read the verified evidence below — and read it alongside the three years of verified evidence published by Scott Johnson, Preya Samsundar, and myself (our work is linked here https://twitter.com/realDSteinberg/status/1095789152589754377). The answers to those questions about 2009 appear to give probable cause to investigate Omar for eight instances of perjury, immigration fraud, marriage fraud, up to eight years of state and federal tax fraud, two years of federal student loan fraud, and even bigamy.
To be clear: The facts describe perhaps the most extensive spree of illegal misconduct committed by a House member in American history.

David Steinberg wraps up his article with the following list of possible crimes Ilhan Omar may have committed:

Consider the disturbingly inadequate evidence used to obtain FISA warrants on members of Donald Trump’s 2016 presidential campaign. Consider that Democratic representatives have demanded that Attorney General William Barr release grand jury testimony — itself an illegal act.

Yet here we have:

Verifiable UK and U.S. marriage records

Verifiable address records

Time-stamped, traceable, archived online communications (Convictions and settlements based upon social media evidence are commonplace, Anthony Weiner being a notable example)

Background check confirmations of SSNs and birthdates

Archived court documents signed under penalty of perjury

Photos which can be examined to rule out digital manipulation

The 2019 Minnesota Campaign Finance and Public Disclosure Board investigation, which found Omar filed illegal joint tax returns with a man who was not her husband in at least 2014 and 2015

Three years’ of evidence published across many articles — none of which has been shown to be incorrect, or have even been challenged with contradictory evidence from Rep. Omar or any other source

Perjury evidence that stands on its own — regardless of whom she married:

Long after June 2011, she was clearly in contact with the only man in either the U.S. or the UK with the same name and birthdate as the man she married. She was clearly in contact with several people who were in contact with him.

Further, Preya Samsundar did contact him, published how she managed to contact him, and published his email admitting to being photographed with Omar in London in 2015. To be clear: Omar was legally married to an “Ahmed Nur Said Elmi” at the time she was photographed next to a man who admits his name is Ahmed Nur Said Elmi, and that he is in the photo.

Samsundar published all of this information on how to contact Ahmed Nur Said Elmi a few months before Omar swore to that nine-question court document.

Rep. Omar has refused all inquiries from her constituents, elected officials, and media outlets to provide any specific evidence contradicting even a single allegation suggested by three years of now-public information.

In fact, Omar has responded by making information less available:

In August 2016, after Scott Johnson and Preya Samsundar posted the allegations, Omar’s verified social media accounts were taken offline.

Ahmed Nur Said Elmi’s social media accounts were also taken offline.

When the accounts returned, a large amount of potentially incriminating evidence had verifiably been deleted.

I found and published at least ten additional “before and after” instances of evidence still being deleted in 2018.

Omar has released carefully worded, Clintonian statements that denigrate those seeking answers from her as racists. Yet she has repeatedly refused to answer questions or issue anything other than public relations statements.

I have a large amount of information that we have not published for reasons including the protection of sources.

Sources have expressed fear regarding published video and photo evidence (https://twitter.com/realDSteinberg/status/1102349426771853312 confirming threats from Omar’s campaign team. These sources have shared other evidence of threats. I have contacted the federal authorities to share this and other unpublished information. Providing knowingly false information to the DOJ is a serious crime.

I believe Scott Johnson, Preya Samsundar, and me, with our three years of articles, columns and posts, have provided more than enough evidence to give law enforcement authorities probable cause to open an investigation. Now would be the chance for law enforcement, and especially for Rep. Ilhan Omar’s House colleagues, to make a sincere stand against corruption and for the uniform application of the law.

The Gateway Pundit Reported: Once Again… It should be noted that by American law — When a marriage fraud is discovered, not only might the immigrant face severe immigration consequences, but both members of the marrying couple may face criminal penalties… An immigrant who is found to have committed marriage fraud would likely be removed from the United States (deported).

Please read this incredible report written by David Steingberg at Power Line today
Join us at SPREELY if you want REAL NEWS without the leftist censorship!

Dean James at Right Wing Tribune

God Bless.

Please take a moment and consider sharing this article with your friends and family. Thank you, we appreciate it!
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I Don’t Think They Ever Even Looked for Richard Merritt, While the Victims That Testified Against Him Remain in Fear

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Ex-Lawyer Supposed to Be In Prison for Cheating Clients, But Now He’s Wanted in His Mom’s Murder
by Alberto Luperon | 5:51 pm, February 3rd, 2019

Disbarred lawyer Richard Merritt, 44, was due in prison Friday for swindling his clients. Yet it’s two days later and he’s now wanted for allegedly killing his mother. Cops in Dekalb County, Georgia said that officers responded to a local home on Saturday morning regarding a dead person, according to The Atlanta Journal-Constitution. They found Shirley Merritt was fatally stabbed. Cops blame this on her son.

Cops said Richard Merritt might be driving his mom’s brown 2009 Lexus RX350. It features the Georgia license plate CBV6004.

The suspect shouldn’t even be out, whether or not there was a murder. The suspect was convicted of settling lawsuits without clients’ knowledge, and keeping the cash. He was sentenced last month to 15 years in prison, to be followed by an equally long stint on probation. Prosecutors say he took advantage of the elderly, and those alleging medical malpractice. This scheme affected 17 former clients. He’d lie to them about the settlements, and claim their cases were ongoing, authorities said. Prosecutors claim he forged their signatures and checks, and notary seals.

Merritt surrendered his law license last year. From the Supreme Court of Georgia in a filing dated January 29, 2018:

In his petition, Merritt, who has been a member of the Bar since 2000, admits that in February 2017 he settled a client’s personal injury matter for $75,000, but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.

The judge in his sentencing gave him time to prepare for prison, and turn himself in by 5 p.m. on February 1. The defendant had to deal with what was described as family medical issues before serving his sentence, according to a Fox 5 Atlanta story.

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Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
http://www.barcomplaint.com/attorney-theft/georgia-disbarred-lawyer-richard-merritt-jailed-on-theft-elder-abuse-charges/

The problems of Richard Merritt have come to a head with his arrest. This has been long coming has his behavior has been in question for several years.
Georgia: Disbarred Lawyer Richard Merritt Jailed on Theft, Elder Abuse Charges
Attorney Richard Merritt was disbarred Monday for pocketing a client’s $75,000 settlement and jailed Wednesday on multiple felonies.

Richard Vinson Merritt

Former Smyrna attorney Richard V. Merritt, who was disbarred Monday after admitting to settling a client’s suit for $75,000 and then pocketing the money, woke up in the Cobb County Jail Thursday after being arrested on separate felony elder abuse, theft, exploitation and check fraud charges.

The spokesperson for the Cobb County Sheriff’s Office said he had no further information on the charges, which were apparently filed by the Smyrna Police Department. The booking report includes a notation that Merritt is to be held for the Fayette County Sheriff’s Office, where a press liaison said they received a bench warrant for “indirect criminal attempt.”

He provided no further information, and there was no immediate response from Smyrna police.

On Friday, Cobb County District Attorney Vic Reynolds said there was little he could offer concerning Merritt’s case so far.

“We have yet to receive the complete investigative file from the Cobb Sheriff’s Department,” said Reynolds via email. “When we do, our White Collar Unit will begin the process of determining what charges we will proceed to the grand jury with. In addition, our Investigators will begin reviewing the file upon receipt to see if there are any additional victims or charges which need to be pursued.”

Merritt remained in jail on Friday afternoon.

Merritt is the subject of multiple civil suits in Cobb County, including one filed by a woman who claims he forged her name on a $150,000 settlement agreement and check without her knowledge. She claims Merritt never turned over any funds.

He also faces several legal malpractice and fraud lawsuits in Cobb County from clients claiming he agreed to handle their cases and then never filed them and never pursued any actions.

Merritt has represented himself in each of the lawsuits.

The attorney for a plaintiff in one case, Sapp & Moriarty partner Daniel Moriarty—interviewed before word of Merritt’s arrest was known—said he was surprised at the mild tone in the state Supreme Court’s disbarment opinion, which only said Merritt “settled a client’s personal injury matter for $75,000 but failed to promptly disburse those funds to his client or her medical providers and failed to render a full accounting of the funds to his client.”

“That’s a euphemism for stealing money,” said Moriarty. “I talked to an investigator who has seen his bank records and determined that he had stolen hundreds of thousands of dollars. It just blows my mind what he’s gotten away with.”

According the bar complaint reviewed by the Daily Report, Merritt was retained to handle a personal injury matter in December 2016 and settled it last February, cashing the forged check Feb.7. On Feb. 10, he filed a lawsuit “and continued to lead me on until late May 2017 when I learned what he had done,” the confidential complaint said.

“I have never seen a dime of the $75,000,” said Merritt’s former client.

Another civil suit filed in Cobb County State Court last year said Merritt forged a husband and wife’s signature on a settlement and check in a medical malpractice case and never told them.

Another complaint said Merritt accepted a med-mal case and continually told his client that he was investigating it. Merritt sent emails saying “All is well and we are moving forward on your case,” and “No worries I’m on it!”

Then he stopped accepting the woman’s calls, and the filing deadline passed.

In that case, Judge Maria Golick struck Merritt’s answers and ordered a damages-only trial after finding he “willfully failed to respond” to hearing notices. Golick scheduled a show-cause criminal contempt hearing, and the decision is apparently still under advisement, according to court records.

In the case Moriarty is handling, Merritt also allegedly claimed to be conducting discovery and searching for experts, even scheduling bogus depositions for his clients, only to cancel them at the last minute.

Merritt was the principal for the Smyrna-based Merritt Firm, whose offices were the subject of several dispossessory actions between 2015 and 2017, according to court records.

Last August, Merritt sued two attorneys on behalf of spine surgeon and frequent medical expert James Chappuis. At the time, Merritt said he vice president and general counsel of Chappuis’ Orthopaedic & Spine Surgery of Atlanta.

That case settled confidentially shortly after it was filed.

Source: Professional Legal Blog
Doctor Claims Patient, Lawyers Stiffed Him After Winning $700K at Trial
The doctor, who claims he’s owed more than $200,000, also testified as an expert witness at his patient’s trial.

An Atlanta spine surgeon who sometimes works as an expert witness in personal injury cases has sued a former patient and his lawyers, claiming they stiffed him on $200,000 in medical bills after netting a $700,000 jury award.

The complaint filed Monday by Dr. James Chappuis, founder and CEO of Orthopaedic & Spine Surgery of Atlanta, said he’s owed $205,323 for more than two years of treatment provided to Shin Cho. Chappuis also testified as an expert witness at Cho’s trial.

The complaint was filed by the surgery’s vice president and general counsel, Richard Merritt, and named Cho as well as his attorneys in the personal injury action, James Rice Jr. and Thomas Schaefer.

It accuses Cho of using “pressure and misrepresentation” to convince a clinic staffer to accept just $7,500 as full payment of the debt and said the lawyers paid themselves and disbursed Cho’s net award from their trust account despite knowing Chappuis was still owed.

Even the debt Cho purportedly satisfied was “erroneous” and allegedly constituted less than a quarter of the actual sum owed to the doctor, according to the complaint.

Rice denied the suit’s allegations, pointing to a May 31 letter from Chappuis’ practice, saying Cho’s $7,500 payment satisfied his “current outstanding patient balance of $43,871.01.”

“Shortly after they sent that, they contacted us to say there was a ‘bookkeeping error’ and that Mr. Cho owed more than $205,000,” Rice said. “I retained outside counsel to get advice on what to do, and we told their office we were going to disburse the funds in two weeks, and that’s what we did.”

“I also contacted the Georgia bar, and they confirmed that that was the proper way to handle it, so we did all our due diligence before we distributed the money,” Rice said.

Rice said the doctor and his practice were already paid more than $100,000 by Cho’s insurer, and “Mr. Cho candidly feels that he doesn’t owe them anything.”

Schaefer said he was out of town and had not had a chance to review the complaint but was “not really sure why I’ve been named as a party.”

“Our official quote is that we stand by the complaint as drafted,” said Merritt, declining to discuss the case further.

On May 22, Cho was awarded $700,000 for claims that he developed back pain following a minor car wreck in Gwinnett County.

Rice told the Daily Report at the time that Cho drove away from the scene. He argued Cho, who already suffered at least three previous back injuries, was an “eggshell plaintiff” for whom even a low-impact wreck was dangerous.

Last year, Cho signed a “letter of protection” with Chappuis and his practice, agreeing to pay or have his attorneys pay “all outstanding medical bills” from funds accruing from the legal action, the complaint said.

The lawyers had previously worked with Chappuis on other cases and “knew the critical importance of the medical care being provided by [Chappuis], as it related to satisfying the burden of proof in proving causation and damages, and in the effectiveness of Plaintiff Chappuis’ testimony, as both a treating physician and a medical expert,” according to the complaint.

In fact, Rice sent Chappuis a congratulatory text message after the trial, saying the jury “liked you a lot and coming across as objective helped,” while they did not “buy” the defense expert’s “nonsense.”

But on May 31, Cho went to Orthopaedic & Spine Surgery’s main office and “through deliberate pressure and misrepresentation of the facts, convinced a clerical employee to accept $7,500 in satisfaction and payment in full of an alleged $43,871.01, which was erroneous, as the amount due and owing is $205,323.70,” according to the complaint.

The complaint said that, on June 17, Chappuis’ attorney sent a cease-and-desist letter to Rice “specifically instructing him not to disburse any funds” until he and his practice had been paid. On June 30 a satisfaction of judgment was filed with the court, but Rice and Schaefer “intentionally disregarded their obligation to compensate” the plaintiffs.

The suit, filed Aug. 21, names Cho, Rice, Schaefer and the lawyers’ practices as defendants, and includes counts for fraud, negligent misrepresentation and breach of contract.

Rice said it is “unfortunate that the plaintiffs have chosen to bring both my firm and Mr. Shaefer’s firm into a matter that is moot,” and is also moot regarding Cho.

“To say the least, the lawsuit is disappointing, but in any event we will vigorously defend it, including seeking fees and costs,” Rice said.

Source: Daily Report

Name Of The Attorney: Attorney Richard Merritt
Name Of The Law Firm: Cobb County District Attorney Vic Reynolds
State: Georgia
xyz_fbap: 1

Judge Issues Ruling In Pubic Housing Gun Battle The case centered around a woman who was threatened with eviction from public housing if she kept a firearm in her own home.

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Judge Hagedorn had zero chance of winning election to the state Supreme court less than four weeks ago, but a grass-roots effort helped galvanize voters.
50 States
PUBLISHED: 1:15 PM 14 Apr 2019
UPDATED: 5:05 PM 14 Apr 2019
Judge Issues Ruling In Pubic Housing Gun Battle
The case centered around a woman who was threatened with eviction from public housing if she kept a firearm in her own home.
Georgette by Georgette

One Tiny Election Shows Americans Fed Up With Liberal Manipulation, Assaults

It is no longer legal for the state to prohibit gun ownership for low-income people.
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In East St. Louis, if a person lives in public housing, they are not allowed to own or have a firearm on the property. That is… that was the previous ‘policy.’

Now, a judge has ruled the action is a violation of the constitutional right to keep and bear arms.

The Belleview News-Democrat reported:

A federal judge ruled Thursday that the East St. Louis Housing Authority cannot deny, through rules and regulations, a tenant’s right to lawfully own a firearm.

“Among whatever else, the Second Amendment protects the rights of a law-abiding individual to possess functional firearms in his or her home for lawful purposes, most notably for self-defense and defense of family,” US District Court Judge Phil Gilbert said in the ruling.

A lawsuit filed in federal court was brought by Second Amendment Foundation and the Illinois State Rifle Association, who argued that firearm bans in government-subsidized housing is unconstitutional.

Their case focused on an East St. Louis woman, identified as N. Doe, who was beaten and sexually assaulted in her home.

The assault ended only when one of her children pulled a gun on the attacker.

Doe alleged in the suit that the East St. Louis Housing Authority threatened to terminate her lease unless she could prove she did not have a gun at home.

She said she was told the building was safe and that she didn’t need a gun after she protested to housing authorities, the lawsuit states.

The ban applies only to people of low-income who live in public housing and denies them the right to keep and bear arms because they can’t afford private housing, the lawsuit states.

The Belleville News-Democrat reported that Doe’s lease says “residents are not to display, use or possess or allow members of (Doe’s) household or guest to display, use or possess any firearms, (operable or inoperable) … anywhere in the unit or elsewhere on the property of the authority,” according to the lawsuit.

Violating the lease can lead to its termination, something Doe feared.

The East St. Louis Housing Authority did not respond to a request for comments.

ISRA Executive Director Richard Pearson said of the ruling:

“The right to defend your life and your property is a right for everyone regardless of where they live …” Pearson said. “It is sad that this woman had to go to these lengths just to defend herself. The threats to her are real.”

“Thankfully, she will be able to legally own a firearm and defend herself, but it is truly sad that it takes a federal judge to do what should have been done a long time ago,” he added.

But many people point out that the Second Amendment is not solely designed for the use of self-defense.

Scholars agree that the Founding Fathers placed that right early because 1.) without the power to defend your other rights, they can be taken away, and 2.) the people must have the power to dispossess an unjust government.

Thankfully, this judge understands the rule of law and upheld one of the most basic rights Americans have.

The fact that the liberal public housing authority tried to derive this woman of her right is unconscionable.

Of course, such as asinine policy has not stopped the gun violence and deaths plaguing the projects in East St. Louis. A few months ago, six people were shot in ‘unrelated’ incidents in one night, and the deaths continue to rise.

Perhaps now that decent people who are living in public housing have the ability to defend themselves from the liberal filth that has been perpetuated, deaths will decrease.

Ex-wife of Georgia lawyer fears for her safety after he allegedly killed his mother

190211-jenine-merritt-richard-merritt-cs-259p-949dfa65a7dfe1c5b8
“We’re tired of looking over our shoulder and we’re looking for closure and to move on with our lives,” Jenine Merritt says of herself and their two children.
Feb. 11, 2019, 4:56 PM EST
By Janelle Griffith
https://www.nbcnews.com/news/us-news/after-georgia-lawyer-allegedly-killed-his-mother-ex-wife-fears-n970281

The former wife of a disbarred Georgia attorney who allegedly stabbed his mother to death said she is scared for her and her children’s safety.

A nationwide manhunt is underway for Richard Merritt, who police said removed his court-ordered ankle monitor before allegedly killing his mother Feb. 2 and stealing her 2009 silver Lexus. He has been on the run since, according to DeKalb County police.
Image: Richard Merritt and his ex-wife, Jenine.
Richard Merritt and his ex-wife, Jenine.Courtesy of Jenine Merritt

“We’re terrified,” Jenine Merritt told NBC News on Monday, referring to herself and their two children, who are 12 and 14. “We’re terrified because of what we know he’s capable of now.”

Richard Merritt, 44, was scheduled to surrender to authorities Feb. 1 in Cobb County, after he was sentenced to 15 years behind bars and 15 years on probation for stealing hundreds of thousands of dollars from elderly clients between 2014 and 2017. After the conviction, he had been given until Feb. 1 to “get his affairs in order.”

On the eve of the date he was supposed to report to jail, Jenine Merritt said he threatened her life in a late-night phone call.

He was “clearly drunk,” she said, saying her ex-husband “is a serious alcoholic.”

Richard Merritt was verbally abusive on a regular basis, but had never before physically threatened her, she said.

The Merritts divorced in 2018 after 19 years of marriage.

Jenine Merritt added that she is “horrified” by the death of her former mother-in-law, Shirley Merritt, describing her as “a good mother and grandmother.”

“That part does not feel real to us,” she said. “And maybe, once we move on to the point where we’re not scared for our safety, we can really begin the grieving process, which we need to do.”
190211-shirley-merritt-cs-301p-949dfa65a7dfe1c5b80a4a16a46f2e6e
Image: Shirley Merritt
Shirley Merritt Courtesy of Jenine Merritt

Richard Merritt is now the subject of a nationwide search, Frank Lempka, an inspector with the U.S. Marshals Service, said.
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He may have shaved his head in an attempt to change his appearance and should be considered armed and dangerous, the Marshals Service said. The agency is offering a $5,000 reward for information that leads to his arrest.

Richard Merritt filed multiple medical malpractice claims for his clients and later admitted in court that he pocketed much of what they had won. He used the settlements on personal expenses including vacations, authorities said.

“We lost our home, we lost everything we had,” Jenine Merritt said of her ex-husband’s conviction. “I had no idea that he had done these things to these poor people that trusted him and needed him.”

She also said she had no idea her then-husband was paying for their vacations with stolen money and would not have participated if she had known.

She believes it is only a matter of time before he is caught.

“We’re tired of looking over our shoulder, and we’re looking for closure and to move on with our lives,” she said.

I have a problem with all this. He and his wife divorced to tie up the money Rich had been stealing. She still has money from the people Rich stole the money from.
And since when does someone go and cut off the ankle monitor? The story that I heard was that after he killed his mom, he went to Cartersville and cut the ankle monitor off and hopped on a plane at the Cartersville airport (very small airport). That’s just what I heard.
I also can’t imagine why he was still out walking around anyway.
The other thing that I heard was that Rich and the Cobb County DA were really good friends.
One thing that is fact for sure, Rich Merritt was asst attorney general in GA for about 15 years, thus why he had so many friends in the legal world. The victims were afraid that he would get no time for his crimes. Everyone was shocked at the stiff sentence he got. They give murderers that length of time.
No matter, they obviously had not planned on Rich killing his Mama…

New York’s Lawyers and Judges Behaving Badly, From New York Law Journal

https://www.law.com/newyorklawjournal/2018/12/30/lawyers-judges-behaving-badly/
Tara-Lenich-Article-201612051956
Tara Lenich, admitted to forging judicial orders to run illegal wiretaps on a fellow prosecutor and a New York City Police Detective, sentenced to one year in prison in early 2018.

Edmund-Duffy
Edmund Duffy’s five-decade legal career, during which he rose to prominence as the former heard of the China practice at Skadden, officially ended 02/08/2018, when he was automatically disbarred after he pleaded guilty to possession of child pornography.

AP-Robert-Cicale-web
A Suffolk County District Court Judge was suspended from the bench after he was arrested and charged with burglary. He was caught with women’s underwear that he allegedly stole from a private residence.

Evan-Greebel-Article-201710202147
Evan Greebel, a former partner at Kaye Scholer and Katten Muchin Rosenman, was sent to prison for working with disgraced pharmaceutical executive Martin Shkreli to defraud investors.

ravelo-keila-Article-201810091948
Keila Ravelo was sentenced to five years for conspiring to defraud her former law firms and clients out of $7.8 Million, using bogus litigation vendors. Prosecutors said that the former Hunton & Williams and Willkie Farr & Gallagher partner used the money to fuel a lavish lifestyle.

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Prominent M&A partner Frank Aquila deleted his Twitter account after tellling White House Press Secretary Sarah Sanders she should “Rot in Hell You Bitch” for defending Sen. Lindsey Graham amid the Senate Judiciary Committee hearing on sexual assault allegations against Brett Kavanaugh.

Aaron-Schlossberg-Article-201805171926
Manhattan attorney Aaron Schlossberg’s rant against employees speaking Spanish at a Mexican Restaurant provoked a firestorm on social media.

Anna-Lushchinskaya-Article-201812142118
Another viral video captured a second New York City lawyer who directed racially charged comments at bystanders.

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“Egragious and outragesou” conduct by ex-Mintz Levin associate Anthony Jacob Zappin during his pro se legal war with his former wife, also an attorney, led to his disbarment.

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New York’s high court unanimously said that Civil Court Judge Terrence O’Connor’s “intemparate” and “inappropriate” behavior in the courtroom were bad enough, but his decision to not cooperate with an investigation into his actions also contributed to his removal from the bench.

From Our Friends at Livinglies, Neil Garfield

https://wordpress.com/read/feeds/95852/posts/2112751964

How to Use and Oppose Judicial Notice

One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists or has been uploaded to SEC.GOV or any other site doesn’t mean the source or the content is credible or reliable.
If I manage to record a deed purporting to transfer title that doesn’t mean that title is transferred nor that my ownership is to be presumed. The same is true if I upload the same fabricated deed to SEC.gov or any other site on the internet.
Judicial notice is erroneously applied as a vehicle for shifting the burden of proof. The basic rule of evidence is simple: the proponent of evidence must prove the truth, credibility and reliability of that evidence, even if it is admitted into evidence. Otherwise the evidence is admitted with zero weight.
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Most states essentially have the same statute in their laws of evidence, like this one from Florida:

90.202 Matters which may be judicially noticed.A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:

(1) Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

(2) Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

(3) Contents of the Federal Register.

(4) Laws of foreign nations and of an organization of nations.

(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.

(6) Records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.

(7) Rules of court of any court of this state or of any court of record of the United States or of any other state, territory, or jurisdiction of the United States.

(8) Provisions of all municipal and county charters and charter amendments of this state, provided they are available in printed copies or as certified copies.

(9) Rules promulgated by governmental agencies of this state which are published in the Florida Administrative Code or in bound written copies.

(10) Duly enacted ordinances and resolutions of municipalities and counties located in Florida, provided such ordinances and resolutions are available in printed copies or as certified copies.

(11) Facts that are not subject to dispute because they are generally known within the territorial jurisdiction of the court. (e.s.)

(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned. (e.s.)

(13) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States.

History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 77-174; ss. 3, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

A quick review of this statute, essentially the same as all others, reveals that it is not intended to be used as proof of contested facts. The fact that a document obviously exists may not be subject to contest unless the objection is that the document was prepared expressly for trial and not as part of whatever transaction is being contested.

Courts often overstep by becoming the lawyer for the claimant in foreclosure or eviction. As an example of the court stepping into the shoes of the claimant, there is the issue of judicial notice. You should research this. Because judicial notice is intended to be used as follows:
  1. For judicial economy — i.e., acceptance of facts that are virtually incontrovertible and not requiring proof. VERSUS your objections to the content of those documents. The requirement of absolute credibility is essential for judicial notice. There is no prejudice to any party by requiring actual proof of the documents and its contents. Judicial economy does not trump the rules of evidence which are designed to ferret out the truth not to assume facts that are untrue or that could easily be untrue because they came from an interested party.
  2. For documents, the only application of the judicial notice doctrine is that the documents exist and are maintained on a completely trusted site and not that what is written on them is true.
  3. In the case of government documents prepared by government with no interest in making any claims or defending any claims but simply in the ordinary course of record keeping, the record is subject to judicial notice and the content is generally presumed to be true unless disproven by the the opposing party.
  4. Judicial notice is completely inappropriate where the documents were prepared by parties with an interest in the outcome of litigation and claims and are not inspected, reviewed or scrutinized as to accuracy.
  5. Verifying facial validity of a document is NOT the same as verifying the statements contained on the document.
  6. For documents the source must be an independent third party source with no interest in the outcome. So if a fabricated assignment of mortgage is recorded in the county records, then the the existence of the document may be judicially noticed without any presumptions of the veracity or sufficiency of the statements contained in the assignment.
  7. Failure to object to the introduction of the document MIGHT be grounds for admission of both the document and its contents. The ability of the opposing party to present evidence that the document had been fabricated and that the statements contained within it are untrue or misleading is not barred by failure to object.
  8. The fact that it is admitted in evidence does not mean that should be given great weight by the trial court. Any evidence submitted by a party who has a direct interest in the outcome of litigation is to be viewed skeptically and requiring corroborative proof.
  9. Judicial notice is NOT appropriate for the PSA or anything else if the request for notice directs the court’s attention to SEC.GOV. This is an effort at misdirection.
  10. SEC.GOV is merely a repository for uploading documents with no more official capacity than box.com or dropbox.com. The fact that a document is there is NOT an indication that the document is an official document. The SEC has not reviewed it or approved it in any way, manner shape or form.
  11. BEST Evidence: Only the original document produced in court would be sufficient evidence of the document’s existence and then only if it was complete and signed — which means that the mortgage loan schedule is attached as the original mortgage loan schedule attached the trust instrument, the prospectus and the servicing agreements when they were originally executed.
  12. It is a common ploy to upload documents to SEC.Gov and then request judicial notice. This is wrong.
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