Thursday, June 4, 2015

Wolfgang Halbig versus Newtown FOI Part 2- Full analysis

HALBIG's $20,000 in Legal Fees Closing Argument
asks for the DVDs and Consent Agenda, Again!
Epic Failure!

On June 3, 2015 the Freedom of Information Commission in Hartford, Connecticut conducted a continued hearing in the matter of Wolfgang Halbig versus Newtown, et al.  The hearing officer was again Commissioner Matthew Streeter and Wolfgang was represented by L. Kay Wilson, an attorney out of Glastonbury, CT.

The respondents were the Newtown Police Department, the First Selectman, the Town of Newtown and the Newtown Education departments; collectively referred to as  the "Town" and represented by Mr. Monte Frank, of Cohen and Wolf out of Danbury, CT

This hearing was a continued hearing from April 24, 2015 and a full analysis from that day is here:

The hearing was not recorded by Connecticut public access; however a quality recording of the hearing can be found here:

Mert Melfa Media
As was the case in the last hearing, Halbig's attorney Kay Wilson was stammering, ill -prepared, disorganized, and once again failed to offer any evidence that Newtown has withheld documents; however, we need not go point by point because this hearing afforded us the opportunity to hear closing arguments.

Closing arguments are where Counsel can provide their summary  of the case they feel they have presented.  Wilson also made her prayer for relief, asking for two documents.  In this case, the summary arguments were telling and were very much indicative of how SandyHookFacts believes the commission will rule.

Certainly, it's not likely the commission would rule and award more than Halbig/Wilson asked for in close; so as a worst case situation the Commission could order Newtown to give Halbig another DVD and the same consent agenda from Jan. 2013.   That would be fairly humorous.

A few notes on the hearing itself:

The most notable testimony came from Halbig's fired Attorney Paul Spinella, who was forced to admit he did not respond to the Town's objection concerning Halbig's request for emails.  Of course he wormed his way out of that question about ten times before he was finally pinned down and forced to admit his failure.    When Mr Fank asked him why Halbig fired him, Spinella claimed attorney client privilege; however, we all know and Mr. Frank pointed out Halbig already spilled the beans when he told the commission that he fired Spinella for not pursing the FOI requests in the first hearing.

It should be noted that requests, objections, and narrowing are very common legal practice in discovery process and some level of professional discussion would have been very normal if there was any level of competence at all coming from the hoaxers.

Dan Bidondi of InfoWars questioned Halbig during the break. Halbig, in an international broadcast, accused of threatening "his life"; a completely defamatory, false allegation.  Halbig accused Newtown PD of tampering with the DVD's; another false allegation for which he offered no evidence.   Halbig accursed Monte Frank of "releasing the pilot" when the pilot of Chopper 1 was away on Military Duty as was admitted by Kay Wilson.  Three utterly false allegations is one fifteen minute break.  Bidondi claims the pilot was release twice; a lie considering the pilot was never to appear at the first hearing.  It is hard to track how many lies were told by hoaxers in that 15 minute break.

SandyHookFacts did find it fascinating that First Selectman Pat Llodra stated Homeland Security may have been those that brought the infamous "Check In" sign to the Sandy Hook crime scene. This was new information and as such we are looking into this.  In fact, that alone was worth the $20,000 Halbig spent to utterly fail to demonstrate that Newtown didn't comply with a single FOI request.  Heck, we would have spent twice that amount of Hoaxer donations for that information.

 HALBIG - Kay Wilson's closing arguments:

Closing arguments highlighted the confusion and disorganization that Wilson demonstrated through the entire hearing as she had to stop several times to rustle through her mess searching for a thought.  One can only imagine what her home must look like.

Wilson's final arguments accused Newtown of delay, obfuscation, and gamesmanship.  If she thinks that's gamesmanship she should see her client pretending he wants the Super Bowl children's identity because he wants to see them honored by the school board.

Wilson brought up the fact that Halbig believes the town provided "irrelevant documents". The "irrelevent" documents she refers to were attached to the Consent Agenda and were meeting minutes from past meetings and as such were requested by Halbig.  Despite the fact the Commissioner himself tried to explain this to Wilson and Halbig in the first day of the hearing, Wilson decided to to bring it up anyway.   In any case, this fails to prove the town didn't respond.

Wilson brought up the school security system stating that they still didn't know if they got all the documents.  This was her admission she had no proof the town did not provide responsive documents.  Also she proved was she didn't know. That was the obvious.

Wilson brought up the Dash Cams.  Wilson tries to contend the DVDs did not contain Time Stamps. This is, of course, proven false by; moreover, she failed to offer any evidence at all that she received disks that did not contain the time stamps.  Wilson's foolhardiness was exposed here when played an exact copy of the disks received by Halbig and demonstrated one simply need turn on Closed Captions using Windows Media Player.

Wilson found it hard to believe that Newtown did not contract concerning the bio-hazard clean up at Sandy Hook Elementary School; however, she offered no proof that the Town did. Her proof was her "feeling".

As to the "Check-in" sign, she stated "We don't know if we received all the documents"; again setting the bar for her own personnel level of proof: "we don't know".

Her specific requests in close were for exactly TWO documents:
1) Dash cams with time stamps.  An absurd and laughable request. Halbig has them.
2) The consent agenda for January 23, 2013 - again they already received this document.

To me, this was a frivilous hearing if petitioner's, in close, could only ask for two documents that they admit they received but have certain irrational "beliefs" of which they offer zero evidence.

On the plus side, at least this time Kay Wilson did not attempt to introduce into actual real-people world-evidence "hoaxer produced/enhanced" *cough cough "evidence".  It would have been embarrassing to watch Wilson attempt to introduce something Tony's crew photoshopped up, again.

NEWTOWN- Monte's close

In contrast to Wilson's lack luster proffering, Monte Frank was a laser beam that sliced through Halbig's drivel.  In close, Mr. Frank went document by document, addressing every single request and the Town's response, line by line.  Halbig was crushed and his face showed the dejection as he fiddled with his tie.  Wilson looked like she swallowed the fly in her soup.

Mr. Frank pointed out that the delays were due to Halbig's failure to provide payment as per FOI regulations or failure to appear to inspect the documents as invited. Correspondence dates had been submitted as proof in addition to supporting testimony.

The Town proved they provided the documents to the security system by submitting documents and offering testimony of the Facilities manager.  Halbig failed to offer even a single piece of evidence that there was a "Brand new security system" installed at Sandy Hook Elementary School. SandyHookFact had debunked the hoaxers on this point long ago. 

The Town proved they provided the complete Consent Agenda by offering the exhibit and supporting testimony of the school superintendent.

The Town proved they provided the best copy of the available DVD's that they could with their equipment by offering testimony and pointing out that it is not the town's job to provide Halbig software or to purchase software to cater to Halbig[s ineptness].

The tri-annual inspection report- was provided, as submitted into evidence.  The other nonsense reports, lead paint, etc,  are not required and don't exist. Halbig made these up in his own head along with several invented departments.   The Town proved such by testimony of people with real experience.

It should be noted that Newtown has a very good website so a light amount of researcher could have help Wilson and Halbig instead of relying on Newtown to hold their hand.  The lead teacher issue, for instance, it readily available information; Halbig contends he's an expert; yet he can't figure that out?

Letter to parents - timely provided to Halbig.

Bio-Hazardous Waste Clean up- the Town proved they did not contract with these serves by offering the testimony of the First Selectman.  The same with Halbig's porta-potties.

Work Orders were provided when Halbig finally paid.

And the emails were provided as soon as the Town's objection was withdrawn after Kay Wilson narrowed the request to intelligible English addressing actual agencies that exist.

Since Halbig offered no proof of any document being illegally withheld, in fact, in close only asking for tow documents they already possessed, and Monte Frank offered overwhelming evidence of compliance; the Commission will have no choice but to rule in the Town's favor. 


Peter said...

What's the importance of who provided the check-in sign? If Homeland Security, so what? Seems to me there'd only be a problem if the sign was installed prior to the event.

Anonymous said...

Exactly! The Hoaxers claim this was a FEMA drill, therefore the sign makes sense. That's where their logic ends

1. Police dash cam videos show the police racing to get to the school. During a drill, police ARE NOT ALLOWED to do that during a drill. Putting the public safety in jeopardy is not allowed.

2. Police dash cams CLEARLY show NO "check in" sign as they turn past the school.

3. The FEMA "drill" was classroom training held something like 12 miles away. Attended were instructed to bring their lunch.

4. Weapons during a drill have are tipped with bright orange tips for safety.

Hoaxers lack all common sense and honesty when it come to doing research.

* disregard typos...not using spell check