Bring me up to date.

The Mr Misery guy filed a civil suit against him in Fairfax County. Mr Misery's family has money and a very good attorney. The eesh person posted the 20 page-ish summons on here before his lawyer probably told him to stop posting on here.

Just read this

http://www.fairfaxunderground.com/forum/read/40/1772372.html

Oh dear.

MGTeE Wrote:
-------------------------------------------------------
> The Mr Misery guy filed a civil suit against him
> in Fairfax County. Mr Misery's family has money
> and a very good attorney. The eesh person posted
> the 20 page-ish summons on here before his lawyer
> probably told him to stop posting on here.

Seven days quiet... that has got to be a record.

Michael Basl
Attachments:

off topic

Here's what's going on.

eesh is currently being sued for nearly a million dollars in Fairfax County Circuit Court for his actions in attempting to drive Mr. Misery off the forum.

He subsequently stepped in another shitpile by reposting the nude photographs of Megan Toohey, which seems to meet the standard of guilt of Virginia's revenge porn law as written and is a Class 1 misdemeanor.

The Schadenfreude felt by a small number of Fairfax Underground users has resulted in the Off-Topic forum turning into a gleeful cacophony of posts (containing varying degrees of vituperation and venom) celebrating his misfortune.

He sounds like a socio/psychopath. God fear us all. Hopefully he won't display his problems doing things like public shootings or setting something on fire.

The guy probably doesn't have a million dollars, and somebody like this probably doesn't carry liability insurance. So, I would assume the chances of achieving anything monetary for their troubles is slim to none.

Can he plead insanity and spend a good amount of time in a locked place receiving a lot of therapy and three squares courtesy of the taxpayers?

Every Army officer I know who was stationed at one time in Germany has come back with an overlarge sense of Schadenfreude. They bring it to their Pentagon staff jobs.

I don't think is limited to the armed forces. I think it is just human nature. Woe is them.

He is screwed Wrote:
-------------------------------------------------------
> Can he plead insanity and spend a good amount of
> time in a locked place receiving a lot of therapy
> and three squares courtesy of the taxpayers?

You can't plead insanity to a civil suit. The rule is that an insane person is liable for his torts unless he is incapable of entertaining requisite specific intent. As stated over 120 years ago in Williams v. Hays*:

The lunatic must bear the loss occasioned by his torts, as he bears his other misfortunes, and the burden of such loss may not be put upon others.

The bar for successfully invoking an insanity defense in a criminal case in Virginia is very, very high. You basically have to be gibberingly crazy; just being mentally ill does not suffice.

This is borne out by the alarmingly high number of prisoners incarcerated in the Commonwealth who are, to use a technical term, batshit insane.

*143 N.Y. 442, 38 NE 449 (1894)

What does a defendant who has no cash or disposable assets to pay a lawyer do? I would imagine lawyers demand cash up front. How does someone like that defend himself? It would seem the mentally ill would especially find themselves in this position.

A Question Wrote:
-------------------------------------------------------
> What does a defendant who has no cash or
> disposable assets to pay a lawyer do? I would
> imagine lawyers demand cash up front. How does
> someone like that defend himself? It would seem
> the mentally ill would especially find themselves
> in this position.

In a civil case, someone in the situation you just described would likely just have a default judgement entered against them, since they couldn't get a lawyer.

The could try to get an attorney to work for them pro bono, for example from the local office of the Virginia Legal Aid Society, but they're only able to help about half of the people who come to them.

As far as appearing without a lawyer, someone who's mentally ill trying to represent himself in Circuit Court would be laughable if it wasn't so sad. The judges in Circuit Court expect you to be prepared and know both the law and the rules of court, and look down on pro se defendants.

9 days

Eesh lives in Henrico County and Misery lives in Loudoun County.
All the offenses took place in Loudoun or online.
Why does Fairfax Circuit Court have any jurisdiction?

EeshWillSkate Wrote:
-------------------------------------------------------
> Eesh lives in Henrico County and Misery lives in
> Loudoun County.
> All the offenses took place in Loudoun or online.
> Why does Fairfax Circuit Court have any
> jurisdiction?



Because of the website.

UR Bright one - you are a dumbass

So if I (in Virginia)
tell a website based in Alaska
about a poster named BrightOne (who lives in Virginia)
and how BrightOne kicks small dogs and rapes goldfish,
then BrightOne can sue for defamation in ALASKA
based on the website's server location?

BRILLIANT !!

EeshWillSkate Wrote:
-------------------------------------------------------
> UR Bright one - you are a dumbass
>
> So if I (in Virginia)
> tell a website based in Alaska
> about a poster named BrightOne (who lives in
> Virginia)
> and how BrightOne kicks small dogs and rapes
> goldfish,
> then BrightOne can sue for defamation in ALASKA
> based on the website's server location?
>
> BRILLIANT !!


That's basically correct.

The presence in the state provides the necessary jurisdiction for the local state courts.

Same is applied across a wide range of law.

EeshWillSkate Wrote:
-------------------------------------------------------
> Eesh lives in Henrico County and Misery lives in
> Loudoun County.
> All the offenses took place in Loudoun or online.
> Why does Fairfax Circuit Court have any
> jurisdiction?

WARNING: The following post is rated tl;dr.

You are confusing jurisdiction with venue.

Circuit Courts in Virginia are courts of general jurisdiction, meaning they can hear both criminal cases and civil cases. Because of the fact that all parties to the suit live in Virginia, the tortious acts took place in Virginia, and the amount of the lawsuit, the Circuit Court in this case does have jurisdiction over the lawsuit.

However, the Circuit in which venue can properly be laid, that is, where the case should be heard and the trial held, is the issue here.

The Misery family lives in Loudoun county, and some of the tortious acts took place in Loudoun county. Loudoun county is part of the 20th Circuit.

However, eesh lives in Henrico county, and also committed some of his tortious acts while in Henrico, which is the 14th Circuit. (Some of the tortious acts may also have been committed while eesh was in the City of Richmond, which is the 13th Circuit, or in Chesterfield county, which is the 12th Circuit, but neither of these is a serious candidate for a venue change.)

The server for Fairfax Underground is physically located in Fairfax county, which is the 19th Circuit, and where the suit was originally filed.

Venue in Virginia is statutory, and controlled by Virginia Code §§ 8.01-257 through 267. The most relevant statute seems to be 8.01-262(4), which states that a permissible venue is that wherein the cause of action or any part thereof arose.

I'd say that the fact that the server for Fairfax Underground is located in Fairfax County indicates that venue has been properly chosen, but even if it hasn't, a defect of venue is not sufficient to dismiss the case. Rather, a defect of venue has three remedies:

1) Transfer the case to the proper or more convenient forum, which would likely be the 20th Circuit. Eesh's attorney might try to have the trial moved to the 14th Circuit, but I doubt he'd be successful.

2) Retain the case because the proper forum is inconvenient. The convenience of the forum is not really an issue. It's only a 90 minute drive from Henrico to Fairfax, and eesh regularly drives that distance and further.

3) Eesh's attorney can waive improper jurisdiction and the case moves forward in the 19th Circuit.

Here's an article from the Virginia Bar Associaton News Journal which discusses venue in Virginia in depth, and is even longer than this long-ass post: http://www.troutmansanders.com/files/upload/Venue_in_Virginia_Putting_the_Where_in_Wherefore.pdf

What is a default judgement? Referring to eesh not having enough money to pay a lawyer. Guilty just because he does not have enough money?

Another one for Chuck- Wrote:
-------------------------------------------------------
> What is a default judgement? Referring to eesh not
> having enough money to pay a lawyer. Guilty just
> because he does not have enough money?

Basically, yes.

If eesh doesn't get his lawyer to file an answer to the complaint*, the Misery family's attorney will file a motion for summary judgement and ask that the judge enter an order for damages.

At that point, a hearing will be scheduled to determine the damages, and based upon the results of that hearing, the judge will enter an order. If the Misery family decides they want one, they can also demand a jury trial and have the jury determine the damages. (Note that this is not a trial to determine guilt; that is assumed at this point. This is all about how much.)

After the judge enters his order, then the Misery family will hire a skip tracer to track down all of eesh's assets to satisfy it.

See Michael Strong's article "Some Helpful Answers to Questions Regarding Default Judgments and how they work in Virginia State Court" at http://www.stronglawfirm.com/library/some-helpful-answers-to-questions-regarding-matters-of-virginia-civil-procedure.cfm

Also the Rules of Supreme Court of Virginia 3:19. "Default" at http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf

*Technically, eesh could file his answer pro se, but scribbling "Misery deserved it" on a piece of paper and leaving it under the windshield wiper of John Frey's car probably won't cut the mustard as far as being accepted as a responsive pleading.

chuckhoffmann Wrote:
-------------------------------------------------------
> Another one for Chuck- Wrote:
> --------------------------------------------------
> > What is a default judgement? Referring to eesh not
> > having enough money to pay a lawyer. Guilty just
> > because he does not have enough money?
>
> Basically, yes.


This doesn't seem very fair. It almost shocks the conscience.

I wonder if you know of any foundations similar to, say, the NAACP or the ACLU that offer resources and assistance to indigent sociopaths?

chuckhoffmann Wrote:
-------------------------------------------------------
> 3) Eesh's attorney can waive improper jurisdiction
> and the case moves forward in the 19th Circuit.


What's his attorney's name?

:popcorn:

What happens if he just shows up and tells the judge he doesn't have any money to pay a lawyer or make any type of major restitution to the family? Maybe he says he didn't do any of this stuff. Maybe he says he did.

So he just doesn't answer to the complaint, the family goes looking for assets, there aren't any to speak of. What next? Can the judge throw eesh in jail for a significant length of time? Then the taxpayers have to feed, clothe, house him, and provide basic medical care. He will have a hard time finding employment when he is released. No sympathy, just wondering.

I guess this would make the family happy. He can't do much to them while he is in jail.

He can plot

\

chuckhoffmann Wrote:
-------------------------------------------------------
> Here's what's going on.
>
> eesh is currently being sued for nearly a million
> dollars in Fairfax County Circuit Court for his
> actions in attempting to drive Mr. Misery off the
> forum.
>
> He subsequently stepped in another shitpile by
> reposting the nude photographs of Megan Toohey,
> which seems to meet the standard of guilt of
> Virginia's revenge porn law as written and is a
> Class 1 misdemeanor.
>
> The Schadenfreude felt by a small number
> of Fairfax Underground users has resulted in the
> Off-Topic forum turning into a gleeful cacophony
> of posts (containing varying degrees of
> vituperation and venom) celebrating his
> misfortune.

Useful post.

First question, is the repost of the photos under current criminal investigation or are there actual charges pending against eesh or you're not sure?

Second, is my understanding correct that, shortly after Misery sued eesh in civil court, eesh filed criminal charges against Misery?

Misery's suit was filed in Fairfax County (relatively close to his Loudon County home) for stalking, identity theft, defamation, trespass, vandalism, etc. Suit served on eesh on Jan 27 per http://www.fairfaxunderground.com/forum/read/40/1772372.html

Then, eesh files criminal charges on Feb 2 against Misery in Henrico County (close to his Richmond area home) per below screen grab provided by poster Henrico Justice in http://www.fairfaxunderground.com/forum/read/2/1833127.html

Not sure of the truth of these charges and counter-charges, but it's a real bad thing to file false or frivolous criminal charge, the type of thing that might send the charging party to jail.

I'm not saying that eesh's criminal complaint is false or frivolous, maybe it's true, I don't know. But it would not surprise me if Misery's attorney adds a malicious prosecution count to his complaint against eesh, especially if and when, the criminal complaint against Misery falls short.

Third, why is eesh even on FFXUG? I'm not objecting to him being on, just wonder why. I can understand why someone in Loudon County like Misery might come on the forum since he might work in or often go into FFX County. But Henrico County is so far away, not sure what the appeal is to him.

More Questions Wrote:
-------------------------------------------------------

> Third, why is eesh even on FFXUG?

Brilliant question.

According to Virginia Code §§ 4.07-833-980, eesh violated the law when he posted on a publicly viewed forum (publicly, being the key word here), located outside his 9 digit zip code. Why he chose to do so remains a mystery. The criminal mind is difficult to understand.

Any other questions?

For the record.
I am not even mad at her but what is your excuse. M
First you post my nudes then you come to my home.
I don't know you.
You're the delusional one living in a made up world.

I will be seeking a protective order against you now.

What is your excuse for coming to my home?
Now I am sure it is you I saw.
Attachments:

Re:"petit larceny" what small thing did eesh steal? Or does this have to do with the spamming nudes? Still putting the pieces together..

Goddamn it keep this shit oout of the general topics. No one here gives a shit about this crap that's why there's an off topic.

This will end with eesh losing the civil suit and becoming Miz's butler.

legal questions Wrote:
-------------------------------------------------------
> Re:"petit larceny" what small thing did eesh
> steal? Or does this have to do with the spamming
> nudes? Still putting the pieces together..


Allegedly, he stole from a grocery store last year

65734 Wrote:
-------------------------------------------------------
> legal questions Wrote:
> --------------------------------------------------
> -----
> > Re:"petit larceny" what small thing did eesh
> > steal? Or does this have to do with the
> spamming
> > nudes? Still putting the pieces together..
>
>
> Allegedly, he stole from a grocery store last year


what item(s)? Is that known?

.
Attachments:

6 years ago a shiek was offended by what you said on the internet

has been stalking you using his huge finances ever since

happens all time

vanilla grahms

Wasn't someone else arrested in connection with all this in the past few months?

Protective order
Attachments:

Violating Wrote:
-------------------------------------------------------
> Protective order

What if the whole thing is fake and you spent hours upon your life time talking about someone who doesn’t exist.
Here’s an example.
Couldn’t be fake.

Thispersondoesnotexist.com

It's bad enough somebody revived an old ass thread but why post this stupid shit on this board? Post this dumb ass shit on the off topic troll board where it belongs.

I've been waiting for over 5 years for some asshole to bump this thread - So fuck off!

Just continuous bullshit from the Morenos. The Morenos paid out over $302,000 to their dirtbag lawyers at the Leiser Law Firm, and possibly more to the Sensei forensics company and Aliass LLC.

William Moreno is hell-bent on his imbecilic jihad against eesh and he cares nothing for anyone or anything else. Miz makes attack threads and posts about eesh, his father, and/or Katie every single day, up to 50 or more times a day. He has totally lost his mind.

Dick Ed Wrote:
-------------------------------------------------------
> I've been waiting for over 5 years for some
> asshole to bump this thread - So fuck off!

What, you're such a retard you couldn't bump it yourself?

Go shitposts about Eesh, Miz, Liz who drinks jizz, meep, Sylvanna & all the rest of those butt pirates & trout slurpers on the troll forum. While you're at it, take your gay ass over there too. I'm sure there's plenty of straw felching for you to do over there when it's daisy chain time.

47
Attachments:

Wiriu