Wednesday, June 30, 2010
KingCast presents: Neighbors!
Note: Look carefully at the name of the boat I noticed yesterday in the middle of a video.
1. Boston Globe and Fox 25 are totally incommunicado, asleep at the wheel despite being notified about this. They both had good prior coverage, I am holding the Fox 25 VHS (remember those LOL) in my hand, and it will be part of the final KingCast short film. The Globe wrote about a $175K verdict in a Worcester case (which I cannot find online) but this case was ten (10) times that, so yah I find it more newsworthy call me crazy.
2. Attorney (Superlawyer, like Jeffrey Denner from my Boston Bob days) Richard Serkey "We do not have any comment." I wasn't even going to ask him how many closings his firm has done in the area and for which bank, more on this later.
3. Attorneys Minchoff and Kusma will be interviewed this afternoon.
Soooo... videos uploading all night, and a short film tomorrow, including me rolling video of the major media rolling video :)
Channel 5 WCVB TV Newscast
Press Release link
So here you have three sets of neighbors, one set still tight as Gorilla Glue after 37 years. Another still tight after 5 years. And one set that witnesses acts so severe as to warrant a $1.6M verdict for Civil Rights and property claims in Scott Hyman/Julie & Don Prescott v. Hemlock Association of Lakeville, MA.
They should have taken the Settlement offer, it was peanuts next to this, but their collective and individual hubris did them in, ahem. As if this is going to be overturned on Appeal, you better think again. The Judge was fair and impartial, didn't kneecap either side. I watched him carefully.
I can't wait to video Joanna Marinova's Defamation case and see what the idiots at the Boston Globe do. As for the Hemlock Defendant, those of you who didn't take the previous advice to cop a Homestead during one of the meetings you selectively notified folks about don't go trying to do it now because you really can't..... You've already got a Judgment against you so that property can be attached, kinda' piercing the corporate veil style 'cos the Association is your Alter Ego. And these homes for most of you are summer homes, Holmes so you can't cop a Homestead on it anyway, that's elementary, Watson. Wave buh'-bye to somebody's property, who will be the sacrificial lamb?
This blog post will be the repository of blog posts that one may access through a blog search for "Scott Hyman," but here is the Chief Post, and another solid early post.
Here is the verdict post:
Scott Hyman $850K
Don Prescott $300K
Julie Prescott $300K
Adverse Possession awarded to Don Prescott; Prejudgement Interest computed at 1% per month since July, 2006.
It will be a few days before my exclusive final video and interview with Messrs Hyman, Prescott and others is online. I would say it will probably not be up before the weekend. I'm taking my time with this one, and incorporating a lot of footage including the original FOX 25 segment.
Don't worry, it's gonna be good. Real good. Remember what a buoy is, it's a "Dead fucking thing that floats in the water."
KingCast short films One, Two, Three.
PS: Remember the Dan Talbot police murder trial coverage? Well that's coming back around soon, wait for it. Man that case was totally slim shady.
KingCast: Reel news for real people.
Defendant Hemlock Association's Motion for Judgment Notwithstanding the Verdict/Motion for New Trial:
Chiefly it argues that there was not enough indirect evidence to infer that the Association members committed any of the violations complained of. I did not see the entire trial but I did see at least two witnesses testify that they witnessed trespass, as shown in my videos. There are also arguments that the Defense was kneecapped by not being able to introduce evidence they claim could show that "renegade motorcycle clubs" could have burned out Mr. Hyman's Middleboro home. Defendants also claim that they should have been allowed to mention Mr. Hyman's bankruptcy filing but of course if they are permitted to broach that subject then he will be permitted to delve into the attorney fees and costs he has had to pay in the other litigation that he will allege broke his wallet and left him unable to tender an effective subsequent bid on the property. Stay tuned for the Plaintiff's Reply Memorandum.
10:30 a.m. 12 June update, Plaintiff's response:
Okay, I missed several days of trial because I was traveling. Attorney Minchoff is expected to argue on the swastika/feces/urine/picnic tables through the windows that Scott Hyman did produce testimony at trial that Bren Ladino told him "I didn't do it but I'm not saying someone else in the association didn't," and that Ronald Dufresne told him "I don't know who did it but your kind is not welcome here."
This in conjunction with the now-infamous "You wouldn't want to wind up like a buoy would you.... that's a dead fucking thing that floats in the water....."
Objection! you scream..... You can't have Scott Hyman talking about the damages to his house because there's only inferential proof that anyone tied to the Association did it. Well that's a great argument..... except it wasn't made at trial, where the Defendants had only a standing objection to Hearsay. But the Hyman & Prescott observations of the degradation of their respective properties is not Hearsay.... it's a firsthand event, so now the Motion for JNOV is basically asking His Honor to strike that which was not objected to. Once the Jury had the testimony it was not unreasonable for it to find a Causal.
So I don't like Defedant's chances on that, but perhaps the Association could sue Attorney Serkey for malpractice if this is such a key point and he missed it, and then his insurance carrier could settle it up with the Plaintiffs. That would make a nice and tidy picture..... I wouldn't know, because while I was never a "Superlawyer" I also never got sued for malpractice..... I only help people recover for malpractice claims, i.e. Derrick Gillenwater v. "Superlawyer" Jeffrey Denner hahaha.... (Harvard Citizen Media blog coverage).
But alas, I digress. Also interesting is the admission that Hemlock buddy Steven Berk likely committed the arson at Mr. Hyman's Middleboro home (p. 11) but only to get rid of some DNA evidence as opposed to because of Mr. Hyman's Jewish background. Oh, okay, that's cool then..... my bad, dude.
Lastly, there is a reference at page 12 to some allegedly threatening words that Scott Hyman said to a customer about burning houses down. The Motion reads "We [were screwed] because we were precluded inquiry into an intense dispute going on in April, 2006......"
KingCast review of the matter, including a phone call to the hosting newspaper, reveals that the story was written by a reporter no longer at the paper and that the story was written on 4 June 1995. I knew that, I could tell that because of the cars involved. Fascinating.