Are you ready to go down the rabbit hole? To visit a surreal world, where black is white and white is carrots?
A friend, Metacognician in Shanghai, describes the situation as follows: “Life is more absurd than movies. I've gone down the rabbit hole too, when it just becomes more and more strange and you wonder how that all is supposed to make sense.” I asked him if I should just embrace it. He answered, “Why should you ... change the universe?”
It started with a psychotic named Jim Kiraly who resides, we think, at 6329 Twinberry Circle, Avila Beach, California.
Jim Kiraly is a respected citizen. A churchgoer. A Vice President of Transamerica Corporation. And a violent abuser who tried to use an emergency anti-violence measure, one intended to protect battered women, to stop his victim in a wheelchair from writing a book.
Concise enough? :)
For attorneys: Jim Kiraly filed for CLETS against his son and victim, who lived 200 miles away, did not own a car, and was in a wheelchair. His son and victim was not asked to end communications. Jim had no (zero) specific and relevant allegations that were not perjury. But he turned down repeated offers of no-contact and a signed stipulation that gave him everything but CLETS. He insisted on CLETS if his victim ever once “discussed” him with third parties.
In the end, Jim Kiraly signed an agreement far weaker than the ones he'd been offered.
A review of Court paperwork and other materials will tend to confirm that Jim and other parties, including attorneys on all sides, committed multiple felonies, crimes, and faux pas. :P
The word “abuser” is stated here publicly and without equivocation. A formal offer is hereby made to reaffirm the word in writing and under oath. Attorneys will understand the significance of the point. In short, there is little terror of a threatened defamation suit on this side. Actually, we feel that such a suit will fit nicely up Jim Kiraly's abuser ass.
Jim has one son, Ken Kiraly, who invented the Amazon Kindle and is one of the leads at Amazon's secret Lab126. Another son, Tom Kiraly is one of the leads, a Vice President-CFO type, at medical insurance firms, including one of the largest, Humana Corporation.
These people and some of the biggest names in Silicon Valley legal circles have committed or are involved in multiple crimes.
For the next decade or two, we're going to explore the crimes that these people committed, the motivations and the denial involved, the background and histories that led each person to make the choices that they did, and ways to build upon what happened and move towards positive societal goals.
There's plenty to go over. These people committed or were involved in: Spousal abuse, child abuse, DDOS (a highly prosecutable violation of CFAA), extortion, perjury, conspiracy to commit perjury (a possible felony), false police reports, conspiracy to file false police reports (a possible felony), unlawful threats, barratry, defamation, malpractice, civil harassment, criminal harassment, abuse of process, and violations of SCCBA Professional Standards.
The point was to force Jim's oldest son and victim, me, to sign a gag order. I was in a wheelchair. I'd never made a single inappropriate threat against my abuser. I wasn't even asked to not to call anybody. But Jim threatened to put me in a violence database unless I agreed never to write about him.
I won the right to write, but I lost my home of 25 years, most of my possessions, my chances for retirement, everything. Everything but a realization.
I can make a difference. I can conduct research for legitimate and reasonable purposes, document what happened, and analyze the choices of the people involved:
- Grace Kiraly, abuse victim and Christ Follower.
- Gail Cheda, slightly demented Realtor, spittle flying.
- Tom Stutzman of Thomas Chase Stutzman, a Family Law attorney whose hobbies include martial arts and alleged sexual harassment
- John Perrott of Thomas Chase Stutzman, a personable albeit lazy Family Law attorney who has a slight tendency towards fraud and malpractice
- Chris Burdick, head of the Santa Clara County Bar Association (SCCBA). Chris, you broke a written promise to speak with me because, you said, we had “Prior...” You didn't finish the sentence. Were you worried that I might take false statements to the State Bar? What's the deal with you and Hoge Fenton, anyway? What will we find if we dig?
- Tracie Zerr of Thomas Chase Stutzman, a woman of boundless intelligence and sensitivity.
Maggie told me that she didn't know what she could say to me about what happened. However, we have decades to work it out. It will be productive. I'd like to direct the attention of attorneys and other parties to the:
Questions or comments are welcome. For technical notes and disclaimers, click here.
The current free ebook is located at this link:
For details about the ebook, click here.
The Kiralys and their associates have tried to take down the sites before. Actually, they've committed multiple felonies in the process. It's no big deal, but to make a point, we're giving everything away for the low price of... well, free.
Here's a link to a ZIP file that contains a copy of the main Christ Follower site. It may be out of date but feel free to download the ZIP file and pass it around. The file is about 150MB in size.
Link for christfollower.zip:
The point? “The story is already out there, idiots. Keep it up and I'll demonstrate how something known as decentralized distribution works.”
Tags: birthday cases kiraly
150606. Today was my birthday.
1. I spent the last few days trying to help people.
In real life, I helped XiaoShi to untangle her DNS setup, passwords, and email accounts. I worked on a small project with her husband Bridges on the side.
Bridges is a math professor in his 70s. Bridges had accumulated a lot of books, like I used to have. We went through the books, triaged, and selected 1/3 to keep and 2/3 to give away.
Bridges said that the task was less difficult than he'd expected. He didn't think there were any books in the “discard” boxes that he'd feel the need to go and rescue. So, we made progress with one of life's processes, deciding what is part of one's life and needs to remain.
2. I volunteered to help a chapter of the ACM (Association for Computing Machinery) migrate from an old database system to a new one.
3. XiaoShi is an IRL (In Real Life) Chinese startuper of my generation. I tried to encourage other IRL startupers as well.
One IRL startuper, Moe, sells cell-phone accessories and dreams of the right idea, the one that will fill both a need and a bank account. Another, Twizz, is trying to build an artist community, a place that he hopes will be wonderful:
I wish both of them luck and will help if I'm able to help.
4. Online, I did what I do; I looked for ways to be useful.
My birthday was satisfactory in general.
Phenek Birthday Card
This birthday card from Phenek is reminiscent of the 1970s. Nothing wrong with that. The card made me smile.
5. I've had to lie down a couple of times each day. This birthday brought age with it. I'm more tired than I've been before.
The arthritis has progressed. One of my arms doesn't bend correctly. It's odd to realize that I can't simply lie down any more; instead, I need to find a position that my arm will permit.
My right index finger continues to bend backwards. It's an unpleasant feeling and it complicates typing. I've adapted, though. I no longer need to tape a paperclip to the finger in order to work.
One tooth turned out to be “3/4 gone” recently. Another tooth needs a crown. Something that people of means take for granted.
The “breathing shock” issue occurs periodically. I think that it's an issue with the HPT axis, but I'll never know.
6. There is no medical care. In January 2012, my Brother Tom Kiraly ranted at me that “There are services! Services!” but he was mistaken.
Tom Kiraly committed perjury related to his rant subsequently. I suppose that the perjury is more important. But, really, Tom is uneducated about the medical sector despite working in it.
The abuser Jim Kiraly said that I was trying to “blackmail” him about the abuse to get money for medical care.
But Jim Kiraly didn't know that I had money. I had about $225,000 USD. Not bad for somebody who was wiped out in the Crash of 2008. I rebuilt to that extent in just three years.
I was worried about not finding new jobs quickly enough. But, for a short period, I had more than enough money to cover medical care. Regrettably, I never got to use it. The Kiralys took everything that I had.
Even my home of 25 years. It wasn't a very nice place. I was paying too much for it. But they took my home.
It was the place where I could go every night and sleep. I didn't need a car there; everything was in walking distance.
I didn't have anything else. They took my home.
7. The Kiralys and the people who worked with them erased my life savings. I lost my home of 25 years, my chances for retirement, my chances for a family, my chances for anything.
But something else is different. I've changed. I'm probably who and what I was supposed to be now.
8. DNA the elderly attorney, who you may observe at this link, commented the other day on this type of change.
DNA was born crippled in the 1930s. The word “crippled” is not politically correct but things are what they are.
Part of DNA's body was caved in, he was weak, and in Depression-Era Texas, this meant that he was there to be hunted by others.
Others like Jim Kiraly.
It lasted for years. Longer than it should have. Then, in the 1940s, DNA realized... he didn't need to take it any more.
He was lucky enough to gain some health and some strength. And straight-forward enough to proceed with a simple plan: Obtain a gun and put it to what he considered to be appropriate use.
So, DNA walked calmly through town with a gun, hunting those who had hunted him.
This was considered slightly out of the ordinary. However, by the standards of the time and the place, it was not too eyebrow raising.
Rural Texas is, to this day, different than the textbook world that I was raised to believe in. It is more real in this area; the pretense is worn thin in places and the skull grins out through the skin.
DNA's brother was beaten to death in rural Texas in recent years and this was seen as a minor incident.
If, in the 1940s, DNA had found what he was hunting, there'd have been a conclusive end to the story. DNA tells me that he would not have hesitated for a moment to do what he set out to do.
However, discretion was perceived by others as the better part of valor. Those who had hunted DNA decided not to stroll down the streets during this period.
Eventually, DNA put down his gun, joined the Army, and became an officer there. An officer who was known as somebody that you did not cross.
DNA went from being attacked by others to somebody very different to somebody who managed to integrate different perspectives.
Three stages. It's happened to me too. Perhaps this type of transition is not uncommon.
The license for the Clint Eastwood illustration is Creative Commons BY 3.0. For attribution purposes, the rights-holder is ConnerKonEl.
What justifies one's actions?
Aim above morality. Be not simply good, be good for something.
9. DNA was young when he went through the transition. He had time to build on what he had become.
I'm not young. For me, there is no long-term to work with.
But I've tried to learn from DNA's example. To integrate Metacognician's perspective on the neurological factors involved. And to look at things from Tactician's metaphysical point of view.
It adds up to this:
I can't put my life together again, not after destruction so complete at my age. However, I can build something for others. Something useful. I can help abused children, abused spouses, victims of abuse of process.
I can make a difference.
Perspectives Color Positions
Believe that life is worth living and your belief will help create the fact.
10. It comes down to information. Information that can be used for legitimate and reasonable purposes.
Attorneys are invited to click on the following link for related points:
Information, to somebody like me, is different than it is to most normals. Did you know that some of us, those of my type, can perceive a collection of information, a set of unrelated points, as a solid object?
Sometimes, we can see missing pieces. In all the years, the implications never really sank in for me. Oh, well.
11. As part of the current stage of a legitimate and reasonable project, I'm going to do something new today.
These websites have never addressed my abuser Jim Kiraly directly or his victim Grace Kiraly or my Brother Tom Kiraly or any other person that the Kiralys named in past “agreements” as so-called “protected parties”.
In 2013, Michael Bonetto tried to suggest that these websites had directly addressed “protected parties”. If I remember correctly, he actually used the word “addressed”.
Michael never pointed to a specific example, of course, because it was the same tired game; try to suggest that something had happened and hope the Court doesn't notice that you're committing a crime right there, right now; the crime of abuse of process.
12. Michael Bonetto, and I'm certainly addressing *you*, you violated most of the rules in the book of Professional Standards that your own firm, Hoge Fenton, wrote. You know, as you've known for two years now, that as the years pass this will be “addressed” in a legitimate and reasonable manner.
13. But, you know what? It's time to move to the next stage.
There are two messages after this part. The first message, which is short, directly addresses Jim Kiraly, Grace Kiraly, and Tom Kiraly. The second one, which is longer, addresses their putative attorney or attorneys.
Date: June 6, 2015
Subject: Two messages, a short one that directly addresses three people and a longer one for their putative attorney or attorneys.
To: Jim Kiraly, the spouse and child abuser who resides or has resided at 32 La Gaviota, Pismo Beach, California; Grace Kiraly, Jim Kiraly's wife and somewhat fluffy victim; and Tom Kiraly, Jim's idiot son, possibly VP or CFO of Hanger, Inc., though Tom has not honored his legal obligation to inform me of the position.
From: Robert (Bob) Kiraly, adult survivor of child abuse, victim of abuse of process committed by or contributed to by the addressees, and writer of the book in progress that the addressees spent a large amount of money trying to stop.
(start of message for three people)
This is a draft that is being edited. Comments and suggestions on wording are welcome. This letter may be merged with the June 21, 2015 Father's Day Greeting.
1. Hi, guys. Pass the longer message that follows this one, 26 parts numbered A1 to A26, on to your putative attorney or attorneys.
Please note that the message in question is addressed to your putative attorney or attorneys and not to yourselves.
2. Say, did you ever read the clause about process servers carefully? Do you understand what the handwritten edit to Part 4 that you agreed to does?
Edits are in progress. I need to find the right balance here.
3. Incidentally, they tried to get me to help them cheat you out of more money. I'd have been pleased to see you drained of the funds that you were using to commit prosecutable crimes, but what they proposed didn't really click with me.
The relevant part now is that you agreed to Part 4 without the use of abuse of process, perjury, or prosecutable crimes to extort your agreement. Keep this mind as things proceed.
You're invited to ask your putative attorney or attorneys to communicate with me. Email will do. There are tidy-up issues to be addressed.
The following paragraph implies that there is a deadline. This will certainly be true, and I assume that I should state a specific number of business days. The clock would presumably start running after service was accomplished.
You have three options. You can do as you're instructed, you can disregard this letter, or you can respond negatively.
If it's anything but the first option, in due course, I'm going to demonstrate a useful point related to the so-called “agreements” and to the Law. The point in question is, what's sauce for the goose is sauce for the gander.
I'm probably going to offer you a legitimate and reasonable
demonstration either way. I met with a contracts specialist last year,
by the way.
Until such time as these two messages are served upon you formally, they should be viewed as works in progress. They will be moved to their own permanent web-page and tweaked as events proceed.
Regards, Robert (the Old Coder, who is not your punching bag any more after half a century)
P.S. Here's a link to the Ridge Project ebook. It's only 62 pages in length but this is long enough for its purpose. This is the first quarter of the book. You know, the 'book' that you put in quotes to suggest that it wasn't real.
Is it time for you to eat your sh... shoes yet?
(end of message for three people)
This is Olga (Kerechanko) Kmeta, Grace Kiraly's mother, dead nearly 30 years now. It's impossible to understand the Time involved. Olga is beloved to me, more for what she was than what she did, as she lived far away, but she was more than a symbol. The woman was practical, classy in her way, and had a wonderful dry sense of humor.
Grace will not see Ivan, her father, or Olga, her mother again. Ivan is part of Christ and upon Grace's entry into the unknown country, Christ's emetikos, the force which accompanies the perception of lies by the Divine, will transport her to her appointed place.
I've got some ideas for the next iteration of that saga. For the current iteration, click here.
I can't imagine Olga's reaction, any more than I can imagine Ivan's reaction, short of vomit, to the lies, to the force that defined the land which Ivan and Olga fled close to a century ago.
The rest of this post, 26 parts numbered A1 to A26, is directed to the putative attorney or attorneys of the Kiralys.
(start of message for putative attorney or attorneys)
A1. Dear Putative Attorney or Attorneys,
There are matters to be addressed. Let's start by covering some basics. First, if this letter was read online or obtained from an online copy, note that it's a draft. I'll be working on it until such time as I have the Kiralys served.
A2. On June 1, 2015, the U.S. Supreme Court handed me an early birthday gift. They ruled for Free Speech in the Anthony D. Elonis case.
Mr. Elonis posted statements online that others positioned as “threats”. He was convicted under a federal anti-“threat” statute of making “threats” and was sentenced to about 4 years in prison. The Supreme Court threw out the conviction.
This helps to reduce the effectiveness of one weapon that my abuser, Jim Kiraly, might have tried to use against me.
A3. It's important to understand the legal importance of the “threats” issue.
Imagine that there's a violent but wealthy abuser. He's worried that his victim is going to talk. So, he files a legal action known as CLETS against his victim. He has no justification for the legal action, but this doesn't matter.
CLETS is a hole in the legal system. It allows a violent abuser to initiate legal actions against his victim without specific accusations.
There are no criminal charges against the victim, so the victim doesn't get a public defender. No damages are sought. What happens is that the legal actions cost the victim $5,000 USD to $10,000 USD per month. The abuser simply sits back and waits for the victim's money to run out.
The abuser can demand anything to make it stop. For example, a gag order. If the victim refuses to sign the gag order or other demands, this can go on for a year or longer. A year that destroys a life.
Nobody stops the abuser. Misuse of CLETS is a prosecutable crime, but I'm told that Courts turn a blind eye to it. We'll come back to this issue in the future.
During this process, if the victim so much as expresses anger, the anger, in and of itself, can be positioned as a “threat” and the victim can end up in serious trouble.
It's a pretty good deal for abusers. Ironic in a useful way, too, from their point of view.
Violent abusers can use CLETS, an emergency anti-violence measure, to hurt their victims twice.
A4. I went through exactly this process from 2012 to 2013. I don't know if it broke me or not, because I'm not entirely the same person now.
A transition that started in 2008, a sort of growing up, is completed. I'm no longer the one who is here to be hunted.
Make my life as a child a living Hell, hunt me as an adult, stalk me,
use your money to break the Law, commit abuse of process, commit
perjury, try to put a gag order on me so that I can't write about
the abuse, mock the autism, accuse me of being lazy after I've worked
myself half to death for 35 years, tell me that arthritis is my fault,
DDOS me, take my life savings, my home of 25 years, my future, and my
chances for an actual family, people as opposed to mannequins, do that
to me, and we're going to talk.
The abuser was Jim Kiraly of 32 La Gaviota, Pismo Beach, California. Jim Kiraly and his son and victim Tom Kiraly of Hanger, Inc. initiated separately but related CLETS actions against Jim's oldest son and victim, myself.
CLETS is an emergency anti-violence measure. By filing CLETS, the Kiralys asserted that I had made “threats” of physical violence and/or that they were at risk of physical violence. However, in these cases, not a single specific and relevant accusation was ever made that was not demonstrable perjury.
The CLETS actions were intended solely to stop my work on a book. This has already been demonstrated. We'll come back to this point in part A6.
A5. Jim Kiraly, the abuser at the heart of the cases, looked for months for ways to stop my book. He jumped in without being fully prepared, though. This was related partly to delusions on Jim's part related to “hacking”:
* I was aware that Jim Kiraly was stalking me. He'd made threats and was seeking to have me arrested for “blackmail”.
* I knew that Jim was talking about “blackmail” because a cousin told me. But Jim didn't know that my cousin was leaking information to me.
Jim assumed that I must have “hacked” his Gmail account to learn about the word “blackmail”. Jim had had nothing specific to use against me until this point, and he figured that “hacking” charges would serve as the missing piece.
CLETS is about physical violence and not “hacking”. However, Jim and his attorney, Michael Bonetto of Hoge Fenton, saw this as a detail to be brushed aside.
* Jim and I didn't talk directly during this period, but one day I was sufficiently frightened and angry to call him and say something similar to this: “You can't hurt me any more, Jimmie. Wife beater. Child abuser.”
Jim Kiraly was affronted. He gave Hoge Fenton, a high powered law firm, the order to proceed with abuse of process. Tom Kiraly joined him.
Ken Kiraly decided not to make it three of a kind. Ken and I are going to talk about that decision. And about the other decisions that everybody involved made.
In the year that followed, Jim Kiraly, Tom Kiraly, and Hoge Fenton committed or were involved in a series of prosecutable crimes. It didn't work out as well for the Kiralys as they'd hoped.
A6. Taking into account the fact that the CLETS actions were initiated by an actual violent abuser, Jim Kiraly of S.C.O.R.E., they represented both irony and abuse of process of a new order of magnitude.
A7. The CLETS actions tiptoed around a number of facts that were inconvenient for the Kiralys. These are documented online, but here are a few representative examples.
Attorneys reading this who are not familiar with CLETS should keep in mind that CLETS is an emergency anti-violence measure. Not a toy for wealthy abusers.
* I was not mobile at the time that CLETS was filed. In fact, I was in a wheelchair.
* I lived 200 miles from Jim Kiraly and 3,000 miles from Tom Kiraly.
* My right hand was swollen to two or three times normal volume and could not be used.
* I did not even own a car.
* I was not lawfully served in the cases. Michael Bonetto of Hoge Fenton, Opposing Counsel, denied this fact. However, Michael was aware of the issue.
When I phoned Michael to discuss the matter, I caught him in a lie related to dates. And, when I showed up in Court, the proof of service was mysteriously missing.
Michael seemed to be trying to say, at that point, that I had been served but that somehow the proof of service had been misplaced.
* The pleadings are poorly constructed. So poorly constructed that it appears that nobody was ever actually supposed to read them.
Reasonable people who review the pleadings and the history of the cases might conclude that the Kiralys thought I was a pauper and would not show up in Court. Or that I would be a Pro-Per and easily disposed of.
* Jim Kiraly claimed initially that I was making false statements to the effect that he was an abuser.
I promptly produced a witness and offered him to Hoge Fenton. The result was sort of funny. The offer was never acknowledged but Hoge Fenton abruptly stopped talking about false claims of abuse.
As Jim made his claims under oath, they were perjury.
* Tom Kiraly listed no specific causes for action in his pleadings that I recall except for two facts:
(a) The fact that I'd phoned Tom in January 2012 to wish him a Happy Birthday. Tom stated that this call was “stalking” He neglected to mention that the call was scheduled in advance, that he took it initially with apparently pleasure, that he invited me to call back, and that we spoke a number of times thereafter, on which occasions he never once asked me not to call him.
(b) The fact that I'd left Tom a polite voicemail message related to my desire to pass on to him books of religious poetry that our grandfather had written. The books were to be left to Tom in my will. The offer of the books was positioned as physical violence but Tom never spelled out exactly how.
Tom Kiraly's pleadings tried to imply that he'd asked me not to phone him. But the pleadings didn't actually come right out and say this. This was frustrating for an autistic victim of abuse of process. These people weren't making specific accusations and yet my life was destroyed.
In short, Jim Kiraly is vulnerable because he's a violent abuser who committed abuse of process and lied under oath. But Tom Kiraly... his own actions are so without merit that he's aware, I think, of the sunless location where his own actions will thrust in, in a legitimate and reasonable sense, and nestle comfortably for the rest of his life.
* CLETS is an emergency anti-violence action. I never once, in my life, committed or threatened physical violence against Jim Kiraly. Jim Kiraly, on the other hand, committed physical violence against both my mother Grace Kiraly and myself.
* I was not even asked not to make phone calls. Read the pleadings in the Gag Order Cases. The pleadings imply that I'd been asked not to call, but I never was.
* There's a fantasy story about the police in the pleadings. It tries to suggest that the police phoned me to warn me not to phone my parents.
The police never actually did this, and the Kiralys knew this, so the pleadings pile on vague statement after vague statement and the statements don't actually say anything. The resulting story is remarkable. It goes something like this:
“We assume that the police called Robert. They must have told him that it was bad to phone people against their will. However, we're not saying that this actually happened. So we need to add more sentences that obscure the fact we're not even claiming it happened. ”
I'm old enough to have read about a lot of odd stuff in the legal arena. But I've never heard of people with so little to go on that they try stunts like this.
* Prior to filing, my Mother drove 200 miles to visit me, unannounced, and started phoning me herself. I never called her household until Jim threatened me over my book.
This was in 2012. Jim and Tom Kiraly tried to connect an incident that occurred after Thanksgiving 2011 to the CLETS cases. After Thanksgiving 2011, I mentioned my book to my parents and asked them to help. They immediately threatened me with the police and told me not to call them.
However, my mother, Grace Kiraly, visited me in person not long afterwards and phone calls subsequently were from Grace to me, not the other way around. All of this was proved subsequently by discovery evidence.
* After my mother Grace Kiraly visited me, she gave me permission to interview her Pastor for my book. The interview was scheduled with New Life Pismo Church well in advance. It was pleasant and productive in nature.
* Discovery for the CLETS actions sought to imply, though it was never stated, that the consensual interview with Grace's Pastor was connected in some manner to physical violence. I was never able to follow the logic. Jim Kiraly seemed to think that I'd called the Pastor to rant about the abuse that Jim had committed.
The call actually centered on the nature of a Christ Follower and the role of a Christian in the temporary world. And even if I had called the Pastor to discuss abuse, a rather different subject, Jim would still have had no right to file CLETS.
CLETS is an emergency anti-violence action. It's not a gag order.
* The purpose of discovery for the CLETS actions was calculated not to obtain relevant information but to drive up my costs so as to erase my life savings and extort my agreement to a gag order.
By the way, the gag order has been posted online. Opposing Counsel was exercised about that.
* Many of the discovery demands were inappropriate. In one case, the Kiralys demanded all of my medical records dating back to birth. I told my attorney to respond, “Check in my diaper, bitches.” I don't know if he followed through or not.
Other demands for discovery were largely attempts to suggest that something inappropriate had happened without ever spelling anything out.
These demands cost me thousands of dollars each. I tried to instruct my attorney, John Perrott, to short-circuit the process, to refuse to respond, and to get everybody into Court once Michael Bonetto filed motions related to non-compliance. However, John repeatedly ignored specific instructions.
I just wanted my day in Court, the chance to confront my abuser and to tell the Court what was going on. I never got the chance. Instead my abuser Jim Kiraly, my brother Tom Kiraly, Michael Bonetto of Hoge Fenton, Michael's sidekick Maggie Desmond, and my own attorney John Perrott, in effect, raped me.
I changed during all of this. I'm not the same person. But I like who and what I've become.
* The Kiralys cited postcards I'd sent my parents as evidence of... well, nothing. I'd sought the advice of the police in their area and the police approved the postcards. The postcards told my parents that they could not stop the book. This was true then and it is true now.
* Jim Kiraly contacted people and told them “Don't be afraid... to give me something... to prosecute Bob.”
I was both frightened and furious about this. I tried to contact two of my brothers, Tom Kiraly and Ken Kiraly, about the matter. They never once asked me not to phone them. They simply didn't answer the phone.
* When I realized that my brothers were not even showing me the courtesy of asking me not to call them, I left angry voicemail messages for them. No obscenities that I recall were used and not a single inappropriate threat was made.
* The Kiralys submitted transcripts of the voicemail messages as evidence that CLETS, an emergency anti-violence measure, was required despite the following points:
(a) The voicemail messages were a response to escalating threats
made by a violent abuser, Jim Kiraly, against me
* I'm autistic. The Kiralys, for reasons that weren't clear, made this into an issue. They demanded that I prove I was autistic. Even though they were the ones who had told me I was different four decades before.
* I had to attend a deposition alone due to the evaporation of my life savings. At the deposition, not a single question related to physical violence was asked.
Instead, Opposing Counsel, Michael Bonetto of Hoge Fenton, asked me about legal strategy, tried to demonstrate that I must have hacked Gmail to learn about the “blackmail” accusation, and suggested that my websites were “addressing” his clients.
* I signed a stipulation that gave the Kiralys essentially everything that they demanded except for the right to put me into a violence database if I continued to work on my book. They turned down the stipulation.
This demonstrates that the CLETS actions were about the book and nothing else. The Kiralys committed extortion, in addition to abuse of process, in a failed attempt to cover up unpleasant family secrets.
* After the deposition, the Kiralys had nothing left to work with except for the voicemail transcripts. Which, as noted previously, were not relevant to CLETS. The Kiralys were reduced to attempting to film me so that my autistic patterns of speech could be portrayed as frightening.
Vibhishana Birthday Card
I didn't actually feel tears in my eyes over Vibhishana's birthday card. Well, I sort of did.
A8. This is a tidy situation, isn't it? :)
In the end, Hoge Fenton, the firm that Jim Kiraly and Tom Kiraly had hired, forced them to sign no-contact “agreements” that were much weaker than proposals I'd offered myself.
The Court refused to have anything to do with the “agreements”. They're not backed by a Court order.
To be clear for attorneys who neglect to pay attention to details, I'm not now, nor have I ever been, under a permanent restraining order. I've explained this to attorneys before, but they don't seem to get it.
It's suggested, respectfully, that attorneys who deal with me be prepared to pay attention to details.
A9. The Gag Order Cases “agreements” were enforceable initially as private contracts. However, less than two months after they were signed, a Kiraly Family representative contacted me, provided evidence that he was working closely with the Kiralys and speaking on their behalf, and threatened me.
The Kiraly Family representative was more comical than frightening. He complained about the fact that my writings about the prosecutable crimes that the Kiralys had committed were going to the top of Google.
“What is the purpose of this?” he asked.
To address this person as clearly as possible: Um, fool, it's to call attention to the fact that these people committed crimes, to get them prosecuted, to put you in jail if possible, and to help battered wives and abused kids.
The threats were, as always, about one thing. I was supposed to stop work on my book, take down my websites, shut up, and go away.
I responded by geolocating the Kiraly Family representative, tracking his movements across Texas, and posting, for legitimate and reasonable purposes, a photo of a building that he seemed to be operating close to or out of.
The Kiraly Family representative turned out to be a black-hat. After I posted the the photo, he set up a botnet core at Solar VPS and committed DDOS against these websites. Not once, but twice. DDOS, for non-technical attorneys, is a highly prosecutable felony that falls under CFAA, Computer Fraud and Abuse Act. Google it.
The Kiralys had, additionally, committed three crimes to obtain my consent to the so-called “agreements”: demonstrable perjury, abuse of process, and extortion. As multiple parties conspired to commit these crimes, these crimes could most likely be characterized as felonies.
Due to these factors, excluding DDOSes that occurred after 2013, I stated publicly in 2013 that I was repudiating the Gag Order Cases “agreements”.
As a technical note, the repudiation gave Jim Kiraly and Tom Kiraly the opportunity to assert that a presumptive violation of the “agreements” had occurred.
A10. As a separate issue, somebody other than the original black-hat DDOSed me in 2015. If I remember correctly, this person had access to ten Amazon Virtual Machines and configured them so as to perform 50 coordinated accesses each per second.
The result was 500 accesses per second, which might have been annoying a decade ago, but is not really much of a blip these days. It's a prosecutable felony regardless, of course.
It's possible that my brother Ken Kiraly, one of the inventors of the Amazon Kindle and consequently a lead these days at Amazon, set up the 2015 DDOS.
I'd like to find out if Ken is willing to confirm or deny this. But, oddly, a private email address for Ken that I obtained shut down abruptly shortly after the DDOS.
And Ken's wife's Super Attorney, Harmeet Dhillon, seems less than excited about becoming involved with a felony that Ken may have committed. Harmeet is right to be reluctant; Ken isn't her client. But everybody involved in this situation needs to understand that the ostrich games are over.
A11. I assert that the Gag Order Cases “agreements” are not enforceable, but let's talk about a separate point.
The Kiralys demanded that, in the event of a breach, I be required to pay the costs of proving that a breach had occurred.
This clause was related to the fact that Jim Kiraly and Tom Kiraly spent a Hell of a lot of money on the Gag Order Cases and ended up with little more than feces that they'd smeared on their own faces.
A12. My own attorney, John Perrott of Thomas Chase Stutzman, guessed that the Kiralys spent $100,000 or more on their attempt to shut me up.
My own feeling is that it might have been anywhere from $50,000 to $150,000. I doubt that it was less than $50,000. Towards the end of the cases, the Kiralys were palpably upset about the money. They kept trying to cut their costs.
At one point, the Kiralys submitted a discovery form that they'd apparently downloaded from the Internet and tried to fill out themselves.
A13. Michael Bonetto of Hoge Fenton conspired with my attorney, John Perrott of Thomas Chase Stutzman, to drive up my abuser's legal costs.
This was a specific plan, as I understood it, and there were steps that I was supposed to take as part of this.
It wasn't clear how much this exercise was going to cost me. The expectation that Michael and John apparently had was that I'd leap at the chance to cause damage regardless. But I didn't go along with it.
These points will be repeated under oath if need be.
I'm not saying that I'm happy or unhappy about Michael's and John's attempt to cheat Jim and Tom out of thousands of dollars in extra fees. I'll simply note that it's irony on top of irony. The Gag Order cases were an irony festival.
A14. Regardless of the exact amount of money that the Kiralys spent, they weren't happy about the fact that they'd pissed away a pile of cash and gotten less for it that I'd offered them several times. So, they tried to get payment for future legal fees into the “agreements”.
Here's the thing, though.
I maintain that the so-called “agreements”, the ones extorted through the commission of prosecutable felonies by the Kiralys, are not enforceable. From a legal perspective, aren't enforceability and the existence of a breach separate issues?
Reasonable people might agree that it was inappropriate of the Kiralys to contact me and to threaten me subsequent to the signing of the Gag Order Cases “agreements”.
This, combined with prosecutable crimes committed by the Kiralys, some of which can be proved conclusively, most likely release me from any obligation to honor the so-called “agreements” or to do anything other than wipe my *ss with them.
But, whether or not this is the case, if I decide to assert, myself, that a breach has occurred, and to serve the Kiralys with a stipulation to this effect, doesn't this reduce the Kiralys' cost to prove the existence of a breach to zero?
My guess is that a stipulation by me might well eliminate any chance that the Kiralys could collect attorneys' fees related to efforts to prove a breach.
And the “agreements” don't seem to grant the Kiralys attorney's fees related to efforts to prove enforceability.
If the Kiralys would like to pursue litigation related to the “agreements”, they'll need to tiptoe around prosecutable crimes that they've committed, focus on enforceability, and do this knowing that it's probably going to turn out like last time.
If the Kiralys win on enforceability, and that's a mighty big if, pardner, they might be able to collect a portion of their legal fees based on alternate damages specified in the “agreements”. But only a portion.
What's your take on these points?
A15. To comment further on enforceability:
I don't recall if the “agreements” were explicitly mutual with respect to no-contact, but reasonable people would agree that violations of no-contact by the Kiralys weakened, and most likely eliminated, the ability of the Kiralys to enforce no-contact against the person that they contacted and threatened.
The multiple prosecutable crimes, including felonies, that the Kiralys committed are icing on the cake.
A16. My abuser's desire to avoid publicity and thereby accountability is something that should be taken into account.
In 2012, Jim Kiraly couldn't get it through his head that gag
orders below the NSA level are problematic because somebody can
simply call attention to the gag orders themselves.
I assume that Jim is less of a fool at this point. But I trust you'll make it clear to him that future litigation will be far more public than the first time around.
Publicity will not be limited to websites. It will certainly include phone calls and visits to media figures, anti-abuse groups, Church groups, and third parties of any/all types who wish to speak on a consensual basis.
This is the plan regardless, of course. But I keep thinking about what I know of martial arts. You know the fundamental principle, right?
A17. Any attempt to seek a formal gag order from the Court will most likely backfire for these reasons:
(a) I could not be ordered not to disclose the fact that I was under a gag order sought, yet again, by a spouse and child abuser.
(b) I could not be ordered not to post any/all documents that I received about the matter online. Or, in the event that a gag order was issued verbally, the wording of the verbal order to the best of my recollection.
(c) If such orders were issued regardless, this might be the catalyst needed for publicity to “go viral”. I'm not sure; I don't usually operate at that level.
I've had a small amount of international publicity related to the situation as a whole. There are a number of weblogs in China, for example, that are still following the story a year after the initial magazine articles circulated.
But I don't know any more than anybody else about what it takes for a situation to “go viral”. See the remarks about the Streisand Effect further down.
A18. I do have a tendency these days to post any/all legal documents that I receive or am served with online. Some of them tend, surprisingly, to go to the top of Google.
This practice resulted in an interesting reductio ad absurdum in the past cases. I was served with an order not to seek the addresses of a number of people. But the order itself contained the addresses.
I posted the document online and asked Opposing Counsel to address the reductio ad absurdum. No response was received.
A19. The State Bar and District Attorneys in the appropriate jurisdictions will have only limited interest. However, I learned that many attorneys are overconfident. They tend to commit actual crimes.
And I'm very good at documentation.
A20. Jurisdiction is an interesting issue. I was completely homeless for a while and I'm a transient now. What State and County will the Kiralys need to file in and travel to?
Is Austin, Texas acceptable to you? I can find tech work in Austin, some of my startupers live in the area, and there is legitimate and reasonable research to be done. The research, in particular, needs to be addressed.
A21. What about legal service?
Will the Kiralys be able to get away with service by snail-mail? Or will physical service be required?
Regrettably, and this is simply an observation, physical service isn't likely to be possible in the short term.
I agreed previously to provide a snail-mail address for purposes of service by snail-mail. However, this would only apply to legal actions where service by snail-mail is allowed, right? I don't believe I waived any rights to physical service. Tell me if I'm mistaken.
Additionally, as I unequivocably repudiate the Gag Order Cases “agreements”, the snail-mail address provided previously is hereby withdrawn.
The attorney at the address in question will be instructed not to accept legal service on my behalf. This may be a moot point, though, as she's told me that relevant legal actions would require physical service regardless.
I haven't researched the issue, but I think that she's misinformed me. However, it comes down to enforceability again.
A22. I'd like to offer you a positive and friendly advisory. It's intended to further the development of our relationship.
If you and I meet in Court on opposite sides, every step you take for the rest of your career that is reasonably connected to a Free Speech analysis of your background and decision to conceal or support spousal abuse, child abuse, abuse of process, and prosecutable crimes will be subject, for legitimate and reasonable purposes, to documentation and public discussion.
This will include all information of any type that may be used for legitimate and reasonable purposes. For a partial list of legitimate and reasonable purposes, kindly review the following link:
A23. As a technical note, in the event of future website takedown attempts, a mechanism known as decentralized distribution will be used subsequently.
A24. People may also wish to Google for something known as the Streisand Effect.
The Streisand Effect isn't an ace in the hole for me, because it's rare and can't be predicted or controlled. I don't expect to see it arise in the Gag Order cases. However, it's a possibility that interested parties should make an effort to understand.
A25. The SCOTUS decision in the Anthony D. Elonis case doesn't settle the broader questions involved. However, it's interesting. Don't you agree?
A26. The following paragraph specifically excludes physical violence or threats of such and is specifically limited to legitimate and reasonable actions.
Your clients and everybody involved in the Kiraly Gag Order Cases belong, in a legitimate and reasonable sense and taking the limitations stated above into account, to me, now and for decades to come. I can, and I will, use the prosecutable crimes that were committed by the parties in question, as I deem appropriate, to work towards positive social goals.
Regards, Robert (the Old Coder)
(end of message for putative attorney or attorneys)
Vibhishana said: Me our dansala. For wesak festival we give food for free people.