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Author Topic: Joe & Stephens POs, against Anti-Gay Teen Stalker, Upheld on Appeals  (Read 822 times)

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Offline Joe K

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Never a dull moment with us.  Some of you may remember, how we were being gay-bashed by our neighbors in Florida.  It seems that they did not like the POs we got against their son and they have tried to appeal them two times and lost each time.  The father even called us to ask what we could do to get these "little mistakes" fixed, as his name, Brian Weisz is now linked with two denied appeals to overturn a domestic violence PO for both Stephen and myself.  Stephen linked all of the cases and articles at greatcyber.spaces.live.com.  This father is the same guy, who accused us of being pedophiles and being unreasonable, because we could not understand how a deranged threat of murder, was just a joke.

Florida Appeal Court Upholds Injunction Against Anti-Gay Teen Stalker

Florida’s 4th District Court of Appeal unanimously upheld a decision by Broward County Circuit Judge Ronald J. Rothschild to issue an injunction against continuing stalking activity by Nicholas Weisz, a teenager alleged to have waged a campaign of harassment against Stephen Clair and Joseph Killfoile, a gay couple living in the same neighborhood as Weisz.

According to the appellate decision by Judge Melanie G. May, Clair and Killfoile had been neighbors of the Weisz family for eight years, and for the past six, young Nicholas, who was described by the court as over six feet tall and weighing 200 pounds, had been “gay-bashing them.”

The problem had started three years ago, when Nicholas was given a motor scooter and took to riding it back and forth in front of the Clair-Killfoile house, “revving the motor to provoke them.”  They were provoked, and called the local police department to complain.  The police contacted Weisz’s parents, who reprimanded him.  He, in turn, blamed Clair and Killfoile and apparently set off on a compaign to make their lives miserable.

The specific events that precipitated Clair and Killfoile to go to court seeking an injunction against the boy and his parents began about three weeks before their appearance before Judge Rothschild.  According to May’s opinion, Clair “was unloading groceries from the car when the minor child looked at him and in a confrontational manner said, ‘Rum, rum, rum, rum, rum, rum, rum.’  The petitioner further testified that every time he is in his yard, the minor child shouted derogatory comments.”  In a footnote, May relates that these comments were: “You queer.” “Faggot.”  “You sick faggot.”  Killfoile had talked to Nicholas’s parents about the problem, but “the father told him that they were getting what they deserved for having called the police about the scooter.”

Two weeks before the court hearing, Clair and Killfoile were driving around the neighborhood while a realtor was showing their house to prospective purchasers.  They found their way blocked by a group of children, including Nicholas, who came up to their car and said, “Get out of the car, I’m going to light you up, motherfucker.”  A parent who was present in the crowd told Nicholas to shut up, but he approached the car a second time and should the same thing.  He also shouted “I’m going to murder you.”

This seems to have been the final straw that led them to file suit against the Weiszes, representing themselves at the hearing.  Clair testified that Nicholas had boasted about his father having semi-automatic weapons.  He testified that he and Killfoile had been “living in fear.”  He said they were not able to walk in the neighborhood, walk their dogs or ride their bikes, and that they slept with a fire extinguisher on one side of the bed and a gun on the other due to the threats from Nicholas.  Clair testified that he had lost weight since Nicholas made his threats, and was undergoing counseling and taking medication to cope with his emotional upset.

Although Nicholas and his parents were represented at the hearing, they did not refute any of Clair’s testimony.  They argued that the court did not have authority to issue an injunction, because Nicholas had not actually harmed either man.

But Judge Rothschild concluded that the statute authorizing injunctive relief to victims of repeat violence was broadly enough written to cover the situation, and issued injunctions barring the Weiszes from any continued harassment of Clair of Killfoile.  The Weiszes appealed this ruling.  The court of appeal is handling it as two separate cases, and ruled on July 23 only on the injunction protecting Clair.

Judge May noted that the statute defines “repeat violence” as meaning “two incidents of violence or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner.”  Florida statutes provide that a person “who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking,” and harassment “means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.”

May found that the hearing record supported Rothschild’s conclusion that Clair was entitled to the injunction, writing, “Here, petitioner testified to multiple occasions where the minor child shouted obscenities at the petitioner and his domestic partner, threatened to ‘light them up,’ and ultimately threatened to murder them.”  Noting Clair’s testimony about the impact of this course of conduct on him, May concluded that “the evidence satisfies the elements of stalking,” sufficient to warrant issuing the injunction.  The court has not yet ruled on the Weisz’s appeal of the injunction protecting Killfoile.

July 29, 2008 in Legal Issues
« Last Edit: November 02, 2008, 01:16:29 AM by killfoile »

 


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