Thursday, January 25, 2007

Sembler caves

updated 1-25-07 PumpGate: Sembler Caves12-28-06 The long awaited trial was to have occurred on Feb 12, 2007. Sixth Circuit Judge Mark I. Shames had called a public hearing on Dec. 28, 2006 for the purpose of hearing and acting on all outstanding pre-trial motons. But before the hearing commenced Mr. Englander, representing Ambassador Sembler and his wife, requested a private meeting between himself, the judge and Thomas McGowan, Ray Bradbury's attorney. During that hearing Mr. Englander announced they were dropping their charges of intentional infliction of emotional distress and of invasion of privacy--the heart of their case. The stalking charge, with its temporary injunction against Mr. Bradbury, remains the only active claim against Ray Bradbury.

We asked Mr. Bradbury for a comment after the hearing but all he could say is "I'm speechless." Tom McGown had this to say, "We're in a state of shock. We never thought thay had a case on the charges they dismissed. In the moment of truth they blinked. Our win, in large part, was due to Richard not caving. He kept fighting. When push came to shove, they caved."

Both sides have filed briefs on the stalking issue. But the case against Ray Bradbury as originally brought by the Semblers has been dropped. We left a message on Mr. Englander's answering machine at about 1045 EST on 12-28-06 asking for his comments. As of time of publishing, we had not yet heard from him but will give his comments when he returns our call.

Ray Bradbury prepares to enter the courthouse on Jan. 25, 2007 carrying his appeal to Judge Shames' ruling that rummaging through the trash is stalking. Where's the outcry from law enforcement and the press?
1-25-07 Bradbury files appeal. Mel Sembler dropped his case against Ray Bradbury on Dec. 28, 2006. But he left one element in and Judge Shames ruled on it. Rummaging through Sembler's trash is stalking. Ironically, the Semblers left in the one piece that is sure to keep PumpGate in the public eye for ever--can cops and reporters rummage through your trash. Will FBI agents be jailed for stalking terrorists if they lift DNA off a discarded cigarette? Will thousands of convicted drug dealers be released on appeal because of evidence gathered through the trash. Has Judge Shames written new law? On Jan 25, 2007 Ray Bradbury filed an appeal with the clerk's office to stop this outrageous ruling. See Notice of Appeal 1 2 3 4 and Amended Notice 3 4
12-29-06 The Huffington Post: Penis Pump Case Goes Limp, But Serious Issues Remain by Maia Szalavitz link
01-02-07 Transcripts of the concession hearing 12-28-05 link
12-29-06 The St. Petersburg Times' coverage of the capitulation by the Sembler camp link
12-29-06 Corrected St. Pete Times article link
updated 01-07-07 Blogs on the concession DailyRotten PenisPumpExperience LiveJournal RayleneFlaugher chatter zinsoprods teaoodle Majikthise penis pump PeaceTrain sexo penis-enlarge TrailRank Bot fornits


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