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As you have probably seen
upon your entry into the VFJ Home Page, there is a troubling and harrowing story about a guy named Joe Oliver devoting his every waking minute to stalking and harassing our VFJ founder, Billy Ray Kidwell. In the past weeks I have had my own nose-to-nose showdown with a small group of retarded assholes who felt the need to sabotage our news and email exchange in The Veterans Circuit after I added them to our list, not really knowing what their motives were. We are in a political protest environment where assholes seem to come out of the woodwork everywhere and have to be shut down and dealt with pronto, as they threaten the very things that we do to push ahead our cause for medical justice in the VA system. These moments are not fun for us. More often than not, these asshole crowds are mental illness cases, illiterates who cannot read, Parrot-Head bravado Nazi's who feel that we should be rubber-stamping every little Blip that the VA boneheads put out, and low I.Q. morons who can't seem to think their own way out of a wet paper bag. LOL !!! What to do? There's a fine line between issuing arguments and political "rhetoric" to the government, and crossing over the breaches of state criminal law into misdemeanor and felony La-La-Land. So for the assholes and would-be assholes who are plotting their next move in our national Veterans protest and advocacy arena, Heads Up to YOU and get a load of what you are flirting with. One of the most abused and heavily prosecuted criminal law statute in the State of New York is the state Harassment laws. I have seen this abused with my own eyes against developmentally disabled people who had no definitive understanding of the legal procedings that they had found themselves involved in. It's not until you open the state Criminal Penal Code of where you live, that you find all the careful wording distinctions between the various "Degrees" of this prosecution category. So I bring you this message with caution as the words really do set up the boundaries on what is legal and what is not. In New York it is under CPL 240.25 Harassment (general) where the law says as follows: "A person is guilty of harassment when with intent to harass, annoy, or alarm another person: 1. he attempts or threatens to subject him to physical contact OR 2. He engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serves no legitimate purpose. In Aggravated Harassment in the Second Degree which is a Class A misdemeanor under CPL 240.30 the statutes get a little narrower: A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten, or alarm another person, he: 1. Communicates, or causes a communication to be initiated by mechanical or electronic means, by telephone or telegraph mail or any other form of written communication, in a manner likely to cause annoyance or alarm OR 2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication. A caveat here is worth mentioning. If you are the asshole who is starting all the trouble, then those of us who turn around and call you an asshole to make you stop all the trouble is NOT subject to prosecution under these laws. Defensive language is totally legal once the perpetrator has set things into motion. The Harassment laws vary from state to state only in slight wording changes, but the boundaries are nearly the same in result. It's not until you have had your life tied up in Police Court for 1 or 2 full years on a lousy misdemeanor charge that eventually goes to criminal TRIAL that you start to understand the full and complete mudhole that you have just stepped into just by running your mouth in what you and your pea-sized brain "thought" was "free-speech". It isn't. One police report is all it takes to have your sorry ass slapped with a criminal court SUMMONS and Buddy you are in for the legal hassle of a lifetime on a charge that is small in nature, but big in PROCESS. Anybody who thinks that it's open season on political Veterans in this arena, whether they are protesters or advocates, doesn't matter -- criminal law is the law -- and your Motor-Mouth may very well be your ticket to certain doom if any one of us decides to strike back. The law is on OUR side, not yours. So heads up to the Tweedle Dee's of America who think they can slime all over this Vets arena to those who are rightfully doing a good job in advancing our national political goals. Sue Frasier, VEV 1970 Army Signal Corps national activist/protester staff Blogger, VFJ |
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Live Chat 6 PM to 9 PM EST
ONE VOICE Chat Community
Vet to Vet
Educating Harassers About Harassment
