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Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Wednesday, September 11, 2019

Who is Alfredo Gonzalez who shot a mountain lion in the head in Simi Valley, California? History, family, biography

alfredo gonzalez, mountaion lion, puma, cougar, shot, killed, dead, criminal, case, court, ventura couty, superior court, mary cummins, fish game, fish wildlife, misdemeanor, collar, vandalism, illegal take, wildlife, unlawful taking of protected mammal, 
THIS IS A BREAKING STORY. CHECK BACK FOR UPDATES.

10/03/2019 Update. He will not go to jail as long as he abides by probation. He was fined $150. His gun was destroyed. He must do 240 hours at an animal shelter. The vandalism charge was dropped.

Alfredo Gonzalez pleaded guilty and got 30 days in jail. Alfredo Gonzalez, a 60-year-old resident of Simi Valley, was also sentenced to 30 days in a work-release program, three years of summary probation and he must complete at least 240 hours of community service, the DA’s office stated. He must also pay an undisclosed amount of restitution. He is expected to enter jail on Oct. 25. 

He pleaded guilty. The vandalism charge was dropped. His attorney is Shanit Frydman #245122
License Status: Active. Address: 269 S Beverly Dr # 230, Los Angeles, CA 90212. Below is the docket.

10/03/2019 Arraignment Continued Arraignment Heard in Courtroom 11 on Oct 03, 2019 at 10:00 AM .
10/03/2019 Judge - Hirsch, David .
10/03/2019 Judicial Assistant - Vick, J .
10/03/2019 Digital recorder - 11:39 AM .
10/03/2019 The defendant is present with Attorney Frydman .
10/03/2019 Spanish interpreter Verdiny , is present and interprets for the defendant. (Badge verified, oath on file, certification number stated on the record.)
10/03/2019 Deputy District Attorney Wold, Karen L present.
10/03/2019 The defendant was advised: "If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States (1016.5 PC)". The defendant was advised of charge(s), rights, and consequences including maximum and minimum penalties. After inquiry the court found that the defendant understood the nature of the charge(s), the consequences of conviction and his/her rights, and that he/she expressly, voluntarily, intelligently and understandingly waived his/her rights.
10/03/2019 The defendant is advised of the right to trial by court or jury; right to confront and cross-examine witnesses against him/her; and privilege against self-incrimination
10/03/2019 A guilty plea is entered as to count(s) 1 . Pursuant to Penal Code Section 1465.8, each violation resulting in a conviction will be assessed a $40.00 security fee. Pursuant to Government Code Section 70373, a Criminal Conviction Assessment fee of $35 on every conviction for infractions, and $30.00 on every conviction for misdemeanors and felonies will be imposed. Pursuant to Government Code Section 76000.10,an Emergency Med Air Transport fee of $4.00 will be added for each convicted vehicle code violation.
10/03/2019 A Harvey Waiver is taken.
10/03/2019 The Court orders the remaining counts to be dismissed.
10/03/2019 Waiver of Constitutional Rights filed and incorporated in court's file.
10/03/2019 The Imposition of Sentence is suspended.
10/03/2019 The court has released you on Conditional Revocable Release for 36 months. You are subject to and must obey each of the conditions listed below. If you fail to do so, the court may impose any sentence previously suspended. If you fulfill all of the conditions, you may then apply for a dismissal of the charges.
10/03/2019 You are to obey all laws, city, county, state and federal.
10/03/2019 Report to court any arrest, citation, probation violation or change of address within 10 days, thereafter. Report in writing to: Ventura County Superior Court, Post Office Box 6489, Ventura, California 93006-6489. Include your name and case number.
10/03/2019 Pay a total fine of $150.00 .
10/03/2019 You are to pay victim restitution as determined by further order of the Court, as investigated by Probation, with the right to credit for amounts paid by other responsible persons. Pursuant to Penal Code sections 1214(b) and 1202.4(f)(3)(G) restitution shall include interest, at the rate of 10% per annum, that accrues as of the date of sentencing, unless otherwise specified by order of the court. Pursuant to Penal Code sections 1214(b) and 1202.4(i) the restitution order shall be enforceable as if the order were a civil judgment.
10/03/2019 You are to pay Prob Investigation fee of $100.00 .
10/03/2019 Until further order of the court, your State Restitution Fd in the amount of $150.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 Until further order of the court, your Security Fee in the amount of $40.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 Until further order of the court, your Crim Cov Assessment in the amount of $30.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 You are to report immediately (unless in custody) to the Collection Unit in Room 205 or Room 107 if you are exiting a first floor courtroom. You are to pay as directed by the Collection Unit. You are to pay an administrative (ARF) fee of $35.00. Pay your fine and/or fees to Ventura Superior Court Collection Unit, at one of the following locations: *Appear at 800 South Victoria Avenue, Room 205, Ventura or mail to P.O. Box 6489, Ventura, California 93006-6489; phone (805) 639-5010. *Appear at or mail to 3855-F Alamo Street, Window 5 or 6, Simi Valley, California 93065. *Appear at the Juvenile Courthouse, Room 122, 4353 E. Vineyard, Oxnard If you are in custody, you must report to Superior Court Collection Unit within 5 days from the date of your release.
10/03/2019 This case can be collected as a civil judgment. Civil enforcement may include wage or bank garnishments and or liens on property. Any costs associated to civil enforcement will be added to the case.
10/03/2019 You are ordered to serve 30 Day(s) in the Ventura County Jail.
10/03/2019 Defendant is entitled to credit for time served of: 0 days actual time and 0 days of 4019(b)(1) and (c)(1) time, for a total credit of 0 days, (calculated at the rate of 2 days 4019 for every 4 days sentenced).
10/03/2019 Report to the Sheriff to begin your jail sentence on 10/25/19 at 07:00 PM . Please be advised that the personal property you may bring is limited to the following: 1) Valid driver's license or identification card 2) Court papers 3) Car keys 4) Cash (no personal checks-money will be put into trust account for commissary use).
10/03/2019 Electronic Monitoring is not authorized.
10/03/2019 Additional Jail Sentence The defendant is ordered to serve an additional 30 Day(s) in the Ventura County Jail.
10/03/2019 Work Release approved. Pay a Work Release Daily Fee. Within 5 days report to Work Release at 345 Skyway Drive, Camarillo, California 93010 to enroll. Follow their directions for enrollment and booking. Take this paper with you. By agreeing to participate in the Work Release Program, you agree to appear for work as directed by Probation and comply with program rules. If you fail to appear or comply with program rules, the Sheriff or a Probation Agency official may immediately take you into custody to serve the balance of your sentence at the Ventura County Jail.
10/03/2019 You are directed to complete work release by 03/23/20 .
10/03/2019 You are directed to complete 240 hours of Community Service to be done by 03/23/20 .
10/03/2019 Defendant must do community service at an animal shelter .
10/03/2019 The Court declares the weapon to be a nuisance and orders the weapon to be destroyed.
10/03/2019 Case continued to 03/23/20 at 09:00 AM in Courtroom 11 for Miscellaneous Proof Of Completion .
10/03/2019 Defendant is to show proof of completion of work release and community service
10/03/2019 The court orders you to appear.
10/03/2019 Defendant accepts probation as stated by court.
10/03/2019 The court orders the defendant released on probation.
10/03/2019 Signature Required
10/03/2019 File located to Judicial Assistant Supervisor for quality control.
10/03/2019 Remittance from receipt # 6900448 received in the amount of $505.00 .
10/02/2019 Media Request by KTLA is filed.
10/02/2019 The court grants all media requests.
10/02/2019 The court Granted extended media coverage to KTLA .
10/02/2019 The Order on Media Request by KTLA is KTLA and filed.
09/23/2019 Arraignment 1st Appearance - Advanced By Party Heard in Courtroom 11 on Sep 23, 2019 at 09:00 AM .
09/23/2019 Judge - Hirsch, David .
09/23/2019 Judicial Assistant - Vick, J .
1 - 50 out of 72

Disposition Date 10/03/2019 Appearance / Due Date
Warrant Amount Warrant Date
Case Balance $0.00

Scheduled Hearings
Calendar Date Time Court Room Court Location Reason on Calendar
3/23/2020 9:00AM 11 Ventura Miscellaneous-Proof of Completion

Violations
Violation Offense Correctable Plea Disposition
4800(b)(1) FG Misdemeanor N Guilty Pled guilty
UNLAWFUL TAKING OF PROTECTED MAMMAL
594(b)(1) PC Misdemeanor N Dismissed
Vandalism over $400

09/12/2019 More info on the shooting. Alfredo Gonzalez worked and lived at the camp. He cared for the animals on the property such as goats, horses...It is not illegal to kill a mountain lion if the person is acting in self-defense or in the defense of others, the code states. I assume that will be his argument. Unless there were witnesses, court may buy that. Seems Alfredo cut off the collar and left it miles away. That makes him look guilty. 

https://www.toacorn.com/articles/mountain-lion-dead-at-hands-of-simi-valley-man-d-a-says

09/11/2019: Alfredo Gonzalez born January 12, 1959 was charged with shooting and killing a mountain lion and vandalizing its tracking collar. Alfredo P Gonzalez was living, working at Camp Alonim a Jewish Summer Camp in Brandeis, California. His address is the address of the camp 1101 Pepper Tree Lane. It appears he killed the big cat because of a human wildlife conflict. The Jewish Center and Camp has promised the California Department of Fish & Wildlife that they will work with the Department to deal with any future human wildlife conflicts. It sounds to me like the Camp told Gonzalez to kill the cat whom they felt was a threat to the children. I sent questions to the Jewish Center and Camp and received no response.

Below is from the court record. The charges are California Department of Fish & Game code 4800 b 1 illegal take of a mountain lion and California Penal Code 594(b)(1) vandalism over $400. His first appearance is October 9, 2019 at 9:00 am Court rm 11 in Ventura County Superior Court.

From the docket.

09/11/2019 Complaint submitted for filing by VCDA on 9/11/2019 00:00:00 .
09/11/2019 Gonzalez, Alfredo filed as name of record.
09/11/2019 Misdemeanor charge 4800(b)(1) FG filed as count 1 with violation date of 07/02/19 00:00:00 .
09/11/2019 Misdemeanor charge 594(b)(1) PC filed as count 2 with violation date of 07/02/19 00:00:00 .
09/11/2019 Case calendared to 10/09/19 at 09:00 AM in 11 for Arraignment First Appearance .
09/11/2019 853.6 P.C. requires booking before arraignment. If not booked, refer to arresting Police Agency.
09/11/2019 Defendant notified by letter to appear in court. Letter is filed.

Name Gonzalez, Alfredo Case Number 2019026185
Citation Number Violation Date 07/02/2019 Case Status Open
Arresting / Issuing Agency Ventura County District Attorney Offense Level Misdemeanor Mandatory Appearance Yes
Disposition Date Appearance / Due Date
Warrant Amount Warrant Date
Case Balance $0.00

Scheduled Hearings
Calendar Date Time Court Room Court Location Reason on Calendar
10/9/2019 9:00AM 11 Ventura Arraignment-FIRST APPEARANCE

Violations
Violation Offense Correctable Plea Disposition
4800(b)(1) FG Misdemeanor N
UNLAWFUL TAKING OF PROTECTED MAMMAL
594(b)(1) PC Misdemeanor N
Vandalism over $400

From the Ventura County District Attorney

https://www.vcdistrictattorney.com/wp-content/uploads/2019/09/19-108-Gonzalez-KWold.pdf

"CRIMINAL CHARGES FILED FOR KILLING OF MOUNTAIN LION

VENTURA, California - District Attorney Gregory D. Totten announced today the filing of criminal
charges against Alfredo Gonzalez (DOB: 01/12/59), of Simi Valley, for the killing of a protected
mammal, namely a mountain lion known as P-38, and for the vandalism to its collar. National Park
Service (NPS) biologists studying the population have collected GPS-enabled radio collar data to study mountain lions for more than a decade. P-38 was a male mountain lion born in 2012. First collared in 2015, this animal predominantly roamed portions of the Santa Susana Mountains.

On July 10, 2019, the California Department of Fish and Wildlife received a report from the NPS that
collared mountain lion P-38 may have been killed in Simi Valley after a mortality signal was detected
on July 2, 2019. It was ultimately determined that the mountain lion died of a gunshot wound to the
head. It is unlawful to kill a mountain lion without a permit from the California Department of Fish and Wildlife.

Gonzalez will be arraigned on October 9, 2019, in courtroom 11 of the Ventura Superior Court, County of Ventura, located at 800 South Victoria Avenue, Ventura, 93003."


Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit

Monday, November 7, 2016

Andrew Baldini arrested for animal cruelty for beating a skunk to death with a shovel, Indiana University

Andrew Louis Baldini, Bloomington Indiana criminal cruelty to animals skunk, killer, shovel beat to death 53C09-1611-CM-002780 mephitis striped skunk murder animal cruelty Lamdba Chi Alpha fraternity
UPDATE: 11/16/2016 The Court and District Attorney received various amici letters asking the offense to be elevated to a felony. The Court stated they have no authority to elevate the classification of offense. The DA does have the authority. We shall see what happens. Discovery has begun. 01/19/2017 there will be a pre-trial conference. Here is Andrew Baldini's attorney. They chose a female attorney who went to the same University as the defendant. She worked in the Monroe County Criminal office previously so she know the DAs, courts, judges. I'm sure she will state that Andrew feared the five pound skunk. She will beg for leniency and another diversion program. This adult has two criminal priors. He was per records below on probation. He already went through a diversion program and failed.

http://higdonlaw.com/

This attorney speaks specifically about University of Indiana incidents.  I wonder if this was always in her website or did she add it recently because of this case. We reported him to the school and fraternity.

http://higdonlaw.com/bloomington-in-iu-ethics-issues.html

11/14/2016
Appearance Filed
Filed by Mary Higdon. kmp
For Party: Baldini, Andrew Louis
File Stamp: 11/04/2016
11/14/2016
Waiver of Initial Hearing Filed
File Stamp: 11/04/2016
11/14/2016
Request for Discovery Filed
File Stamp: 11/04/2016
11/14/2016
Jury Trial Demand Filed
Filed By: Baldini, Andrew Louis
File Stamp: 11/04/2016
11/14/2016
Hearing Scheduling Activity
Initial Hearing scheduled for 11/04/2016 at 1:30 PM was cancelled. Reason: Waiver of Hearing by Party.
11/14/2016
Hearing Scheduling Activity
Pretrial Conference scheduled for 01/19/2017 at 1:30 PM.
11/14/2016
Correspondence to/from Court Filed
File Stamp: 11/09/2016
11/16/2016
Administrative Event
The Court receives, reviews and forwards letter to the prosecutor and defense counsel. The Court has no authority to elevate the classification of offense filed. asb
01/19/2017
Pretrial Conference
Session: 1:30 PM, Judicial Officer: Harper, Teresa D

_________________________________

Indiana University student Andrew Baldini, Andrew Louis Baldini born January 21, 1998 was arrested for beating a skunk to death with a shovel for no reason.

"Indiana University Police arrested him after he reportedly chased a skunk and beat it to death in front of T.I.S. College Bookstore Friday night. Police arrested 18-year-old Andrew L. Baldini, of Carmel, who is an associate member of a nearby fraternity, on a charge of animal cruelty."

The closest fraternity to the bookstore is Lambda Chi Alpha at 1210 E 3rd St, Bloomington, Indiana. I'm not positive this is the fraternity where he was a member. I will call and ask.   He is indeed a member of this fraternity. Proof is here  http://donate.rileykids.org/site/TR/DanceMarathon/DanceMarathons?pg=team&fr_id=2892&team_id=6683 He was an "associate member" which I believe means he's running to join the fraternity but he's a freshman. They just built a new basketball court in 2015 which faces the street next to the bookstore.

I think Andrew's father is Michael Andrew Baldini of Polaris Property Management 46 yrs who has a pilot license, Linda Jean Baskall Bandini 45 yr is his mother and he has a brother Nicholas "Nick." These people move constantly states away. Their old home address as of his previous arrest was 2720 HEATHERMOOR PARK DR S
CARMEL, IN 46074. Here is his Facebook page which matches name, birth date, location https://www.facebook.com/andrew.baldini

His preliminary hearing was November 4, 2016. He's out on bond. We will update this page with his next hearing.

Turns out this kid was on probation for another crime. They previously put him in a diversion program. His probation isn't up until 05/2017. Before that crime he was arrested for criminal speeding. That is generally speed over 80 mph, reckless driving. Three crimes in less than two years.

He was charged with Indiana penal code Charges 35-46-3-12(b) when he should have been charged with Charges 35-46-3-12(c) which is a level six felony. He tortured, mutilated the skunk and killed it.

(b) A person who knowingly or intentionally beats a vertebrate animal commits cruelty to an animal, a Class A misdemeanor. However, the offense is a Level 6 felony if:

(1) the person has a previous, unrelated conviction under this section; or

(2) the person committed the offense with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.

(c) A person who knowingly or intentionally tortures or mutilates a vertebrate animal commits torturing or mutilating a vertebrate animal, a Level 6 felony.

https://www.animallaw.info/statute/cruelty-consolidated-cruelty-statutes#s12


State of Indiana v. Andrew Louis Baldini
Male, White, 6' 0", 155 lbs.
Address 501 N. Sunrise Dr. Teter Rabb E515
Bloomington, IN 47406

Birth Date: 01/21/1998
Gender: Male
Height: 72
Weight: 155
Hair Color: Brown
Eye Color: Brown

The state prosecutor is attorney, lawyer Justin D Roddye of Monroe, Indiana.

Roddye, Justin D. for state
Address:
Monroe County Prosecutor
301 N. College Ave.
Bloomington , IN 47404

Phone:
Work (Phone): 812-349-2670

Justin D. Roddye for defendant
#3158353
Attorney address   Monroe County Prosecutor
301 N. College Ave.
Bloomington, IN 47404
Attorney phone   812-349-2670(W)

53C09-1611-CM-002780
Court Monroe Circuit Court 9
Case Type CM - Criminal Misdemeanor

Filed 11/04/2016
Status 11/04/2016, Pending
Charges 35-46-3-12(b)/MA: Cruelty to an Animal (misdemeanor)
Parties State of Indiana, Baldini
Attorneys Roddye

State of Indiana v. Andrew Louis Baldini
Case Number 53C09-1611-CM-002780
Court Monroe Circuit Court 9
Type CM - Criminal Misdemeanor
Filed 11/04/2016
Status 11/04/2016 , Pending  (active)

Reference
Prosecutor Case Management Number 53C0 -1611-CM-DM102203
Police Agency Number 16-2672
Parties to the Case
Show all party details
Defendant Baldini, Andrew Louis
State Plaintiff State of Indiana
Charges
Show all charge details
01 10/28/2016 35-46-3-12(b)/MA: Cruelty to an Animal
Bonds
Show all bond details
10/31/2016
Monroe Cash Bond - $500.00
10/28/2016
Monroe Corporate Surety Bond - $2,000.00
Chronological Case Summary
10/28/2016
Surety Bond Entered in Clerk's Office
11/04/2016
Case Opened as a New Filing
11/04/2016
Information Filed
Filed By: State of Indiana
File Stamp: 11/04/2016
11/04/2016
Application of Cash Bond Filed In This Cause
Filed By: State of Indiana
File Stamp: 11/04/2016
11/04/2016
Hearing Scheduling Activity
Initial Hearing scheduled for 11/04/2016 at 1:30 PM.
11/04/2016
Cash Bond Entered in Clerk's Office
11/04/2016
Initial Hearing
Session: 1:30 PM, Judicial Officer: Diekhoff, Mary Ellen

This kid has a history. This is his third criminal case and he's only 18. He is on probation for an earlier case for underage possession of alcohol. Below are the summaries of the three cases.


State of Indiana v. Andrew Louis Baldini
53C09-1611-CM-002780
Court Monroe Circuit Court 9
Case Type CM - Criminal Misdemeanor
Filed 11/04/2016
Status 11/04/2016, Pending
Charges 35-46-3-12(b)/MA: Cruelty to an Animal
Parties State of Indiana, Baldini
Attorneys Roddye Filed 11/04/2016

State of Indiana v. Andrew Louis Baldini
29D05-1605-CM-003422
Court Hamilton Superior Court 5
Case Type CM - Criminal Misdemeanor
Filed 05/05/2016
Status 05/20/2016, Decided
Charges 7.1-5-7-7(a)(1)/MC: Illegal Possession of an Alcoholic Beverage
Parties State of Indiana, Baldini
Attorneys Johnson Filed 05/05/2016

This is for criminal speeding. He pled no lo contendere, basically guilty without admitting guilt.
City of Carmel v. ANDREW L BALDINI
29H01-1501-OV-000182
Court Carmel City Court
Case Type OV - Local Ordinance Violation
Filed 01/20/2015
Status 02/26/2015, Decided
Charges 8-02S: SPEEDING/CRM
Parties City of Carmel, BALDINI

This is the detail of the 05/2016 criminal case. He was on probation. They put him in a diversion program. It obviously didn't work.

State of Indiana v. Andrew Louis Baldini

Case Number 29D05-1605-CM-003422
Court Hamilton Superior Court 5
Type CM - Criminal Misdemeanor
Filed 05/05/2016
Status 05/20/2016 , Decided
Reference
Prosecutor Case Management Number 29-DM133700
Police Agency Number 16-000877
Parties to the Case
Show all party details
Defendant Baldini, Andrew Louis
State Plaintiff State of Indiana
Charges
Show all charge details
01 03/04/2016 7.1-5-7-7(a)(1)/MC: Illegal Possession of an Alcoholic Beverage
Chronological Case Summary
05/05/2016
Case Opened as a New Filing
05/05/2016
Information Filed
File Stamp: 05/05/2016
05/06/2016
Administrative Event
Notice for Filing of Co-Deft.'s filed.
File Stamp: 05/05/2016
05/06/2016
Appearance Filed
IH set for 5/11/2016 at 5:00 p.m. per ticket.
Attorney: Johnson, Brian Patrick
For Party: State of Indiana
File Stamp: 05/05/2016
05/06/2016
Hearing Scheduling Activity
Initial Hearing scheduled for 05/11/2016 at 5:30 PM.
05/11/2016
Initial Hearing
Session: 5:30 PM
05/12/2016
Hearing Scheduling Activity
Initial Hearing scheduled for 06/29/2016 at 5:30 PM.
05/12/2016
Order Issued
Parties appear for initial hrg. and Deft states he is seeking entry into Prosecutor's Diversion Program. Initial Hrg. reset.
Order Signed: 05/11/2016
05/18/2016
Agreement of Parties Filed
Pretrial Diversion Agreement
Filed By: State of Indiana
File Stamp: 05/18/2016
05/18/2016
Hearing Scheduling Activity
Initial Hearing scheduled for 06/29/2016 at 5:30 PM was cancelled. Reason: Other.
05/20/2016
Order Issued
Approving Pretrial Diversion Agreement. Defendant has been accepted for the Pretrial Diversion Program. All pending court dates are vacated and case set for dismissal on 5/18/17, absent further order of the Court.
Judicial Officer: Sturtevant, Wayne A
Order Signed: 05/18/2016
06/29/2016
CANCELED Initial Hearing
Reason: Other
Session: 5:30 PM, Cancelled

53C09-1611-CM-002780 Parties State of Indiana v. Andrew Louis Baldini Criminal Open 11/04/2016
29D05-1605-CM-003422 Parties State of Indiana v. Andrew Louis Baldini Criminal Closed 05/05/2016 05/20/2016

Here is the front of the fraternity.

Andrew Louis Baldini, Bloomington Indiana criminal cruelty to animals skunk, killer, shovel beat to death 53C09-1611-CM-002780 mephitis striped skunk murder animal cruelty Lamda Chi Alpha fraternity basketball court


Here is the fraternity with the basketball court in view.

Andrew Louis Baldini, Bloomington Indiana criminal cruelty to animals skunk, killer, shovel beat to death 53C09-1611-CM-002780 mephitis striped skunk murder animal cruelty Lamda Chi Alpha fraternity basketball court


Andrew Louis Baldini, Bloomington Indiana criminal cruelty to animals skunk, killer, shovel beat to death 53C09-1611-CM-002780 mephitis striped skunk murder animal cruelty



Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and GameMary Cummins is also a licensed real estate appraiser in Los Angeles, California.

Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, real estate, appraiser, appraisal, instructor, teacher, Los Angeles, Santa Monica, Beverly Hills, Pasadena, Brentwood, Bel Air, California, licensed, permitted, single family, condo, pud, hud, fannie mae, freddie mac, uspap, certified, residential, certified resident, apartment building, multi-family, commercial, industrial, expert witness, civil, criminal, orea, dre, insurance, bonded, experienced, bilingual, spanish, english, form, 1004, 2055, land, raw, acreage, vacant, insurance, cost, income approach, market analysis, comparative, theory, appraisal theory, cost approach, sales, matched pairs, plot, plat, map, diagram, photo, photographs, photography, rear, front, street, subject, comparable, sold, listed, active, pending, expired, cancelled, listing, mls, multiple listing service, claw, themls,

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


Google+ Mary Cummins, Mary K. Cummins, Mary Katherine Cummins, Mary Cummins-Cobb, Mary, Cummins, Cobb, wildlife, wild, animal, rescue, wildlife rehabilitation, wildlife rehabilitator, fish, game, los angeles, california, united states, squirrel, raccoon, fox, skunk, opossum, coyote, bobcat, manual, instructor, speaker, humane, nuisance, control, pest, trap, exclude, deter, green, non-profit, nonprofit, non, profit, ill, injured, orphaned, exhibit, exhibitor, usda, united states department of agriculture, hsus, humane society, peta, ndart, humane academy, humane officer, animal legal defense fund, animal cruelty, investigation, peace officer, animal, cruelty, abuse, neglect #marycummins #animaladvocates #losangeles #california #wildlife #wildliferehabilitation #wildliferehabilitator #realestate #realestateappraiser #realestateappraisal #lawsuit

Tuesday, October 21, 2014

Mary Cummins v crazy lady in Texas appeal submitted to Second Court of Appeals in Texas

Mary Cummins v crazy lady in Texas appeal of the 352nd district court case for defamation and breach of contract was submitted to the Second Court of Appeals in Texas. The Court is expected to release their opinion by the end of the year.


Mary Cummins was sued by crazy lady in Texas for defamation and breach of contract September 2010. The trial took place June 2012. Defendant Cummins lost at trial and appealed to the Second Court of Appeals.

Cummins' appeal states that appellees did not show the elements of defamation or malice. Appellees also did not show the elements of breach of contract. Lastly appellees did not show any evidence for any damages.

Cummins' defamation case is almost identical to the appeal of Carla Main v H. Walker Royall appeal # 05–09–01503–CV. Cummins who is not an attorney wrote her appeal as a pro se. Cummins' defamation argument and citations are almost identical to those of Carla Main. Cummins never crazy lady in Texas. Because they are public figures they would also have to show malice which they did not show. They also did not show any evidence of any damage.

Two attorneys for two animal rights organizations and a freedom of speech organization Public Citizen wrote amicus briefs on behalf of Cummins. Their argument mirrored Cummins' appeal, i.e. there was no proof of defamation, malice or damages. One attorney went so far as to state that the court should have referred the case to a criminal court to file charges against crazy lady in Texas for animal cruelty. In video which was presented at the trial ...can be seen operating on a bat without pain relief when she is not a veterinarian and has not gone past the eighth grade in school.

In Cummins' appeal she proves that appellees showed no proof of defamation for the 45 alleged defamatory statements. In fact Cummins never even knew what phrases appellees considered to be defamation until after the trial in the form of the court order. Cummins noted that appellees did not even reply to the points she raised in her appeal or to the specific items. No one wrote an amicus brief on behalf of appellees.

The appeals court opinion should reverse the 352nd District Court case final order. Retired visiting Judge William Brigham oversaw the trial though Judge Bonnie Sudderth is the Judge for that court.

Below are the actual documents in the appeal.


Below are the documents for my appeal. It was submitted to the judges yesterday. They should issue an opinion in two weeks to two months.

Motion to strike court order in the trial court
http://marycummins.com/motion_strike_order.pdf

Petition for Review for Supreme Court of Texas
http://animaladvocates.us/petition_review_supreme_court.pdf

My Appellant's appeal brief

Appellees' reply brief

My Appellant's reply to their reply brief

Amicus brief submitted on my behalf by Public Citizen attorney Paul Alan Levy

Amicus brief submitted on my behalf by The Cambodia Wildlife Sanctuary and Elephants in Crisis.org attorney David Casselman


Below is ann article about Carla Main winning her appeal against H. Walker Royall.

Texas Appeals Court Rejects Developer's Defamation Claims
Jul. 26, 2011 4:10 pm

"This week a Texas appeals court threw out nearly all of Dallas developer H. Walker Royall's defamation lawsuit against Carla Main, author of Bulldozed, a 2007 book about eminent domain abuse, and her publisher, Encounter Books. Royall—who initially sued not only Main and Encounter but also a newspaperthat that published a review of the book, along with University of Chicago law professor Richard Epstein, who provided a blurb for it—did not like the way he was portrayed in Main's discussion of a marina project in Freeport, Texas, that involved seizing land from a local shrimping business. In November 2009, the trial court rejected Main and Encounter's argument that Royall's lawsuit should be dismissed because Bulldozed is protected by the First Amendment. But Texas law allows the immediate appeal of such decisions, and yesterday the Court of Appeals for the 5th District of Texas ruled that Royall had failed to specify anything in the book that defamed him. "We have examined the 79 grounds in the no-evidence motion that address statements in the book and have concluded that Royall did not raise a genuine issue of material fact regarding any of the grounds," the court said.

That conclusion is remarkable given the highly favorable standard that Royall enjoyed at this stage of the case. He would have been allowed to proceed if he had offered "more than a scintilla of evidence" on each of three points required to win: 1) that the defendant published a statement of fact, 2) that the statement was defamatory, and 3) that the defendant acted with "actual malice" regarding the truth of the statement (in a case involving a public figure). Furthermore, Royal was entitled to "every reasonable inference" and the benefit of any doubt. Yet in the appeals court's judgment, he had essentially no chance of prevailing on any of his allegations concerning the book. The only remaining issues, which were sent back to the trial court for further consideration, relate to whether Main and Encounter "aided, abetted, and ratified others' defamatory statements" about Royall.

"Walker Royall has failed in his attempt to use this frivolous defamation lawsuit as a weapon to silence his critics," says Dana Berliner, a senior attorney at the Institute for Justice, which is representing Main and Encounter.  "The appeals court has exposed the frivolity of Royall's lawsuit, holding that Royall failed to prove that a single word of Bulldozed defames him."

That is the positive spin. Here is the negative spin: In our system of justice, rich people with thin skins don't need any evidence to drag their critics into an expensive, time-consuming, anxiety-provoking legal process that lasts for years. For any journalist who has ever wondered whether he could be sued over something he wrote that reflected badly on someone (which some of us do several times a day), the answer is yes: You can be sued over anything. The suit may not be legally successful, but if the plaintiff's goal is to punish you for the offense you caused him and make you (and everyone else) think twice before writing about him again, he wins whether or not he ultimately can prevail in court.

Below is the opinion in the Carla Main, The Encounter for Culture and Education, Inc appeal

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDAMary Cummins is also a licensed real estate appraiser in Los Angeles, California.



Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.


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