This is an update to David Cutting’s previous letter “Theft by City Hall“
Many readers requested updates to my article about theft by city hall, in which I wrote how I am battling to get the City’s Gas and Water Department (CG&W) to honor contracts and return customer deposits.
Yesterday, September 14, 2009, we suffered a minor defeat when Judge Grimes denied my motion for evidence, due to technical legal errors. He admonished me that although I am without counsel, he will cut me no slack for not having an attorney. I understand this, as it would be unfair to attorneys to hold them to higher standards. However, he should not have given Lance Baker, the city attorney, free legal advice by telling him he can “quash” my future subpoenas.
Similarly, at the original appearance on July 8, Judge Shelton, instead of ruling for a default judgment when the defendant did not appear, phoned the city attorney and had me wait for his arrival. This also displayed favoritism for the city’s Attorneys over ordinary citizens.
My case goes to trial November 9, and if I prevail, it will show our local government that the city cannot “do whatever it wants.” The sheriff served my subpoena against CG&W’s guardian of records on August 10, and I issued a new one against Mayor Johnny Piper yesterday.
We need to see if Baker will successfully “quash” the Mayor’s subpoena, and whether I can locate a local attorney who will help me to help you, either pro bono or for a reduced fee.
