People of the State of New York v. Raphael Golb

STATUS: Trial commenced Sept 14, 2010

N.Y. Sup.: Dead Sea Scrolls Debate Spurs NY Criminal Trial

Associated Press
Attorney, Raphael Golb, went on trial Tuesday on criminal charges of online impersonation and harassment for creating false emails and blog posts in a hoax to champion his professor father's views and discredit NYU professor Lawrence Schiffman's views in a debate over the origin of the Dead Sea Scrolls. While impersonation claims have generated civil lawsuits, prosecutions are few unless phony identities are used to steal money, experts say. Golb, 50, has pleaded not guilty to identity theft, criminal impersonation and other charges. He hasn't acknowledged crafting the messages, but his lawyers say the plagiarism allegations are true, and the writings amount to typical blogosphere banter — not crime.
http://news.yahoo.com/s/ap/20100914/ap_on_re_us/us_dead_sea_scrolls_3" target="_blank


--Grand Jury Indictment
http://www.bobcargill.com/Gadda/grand_jury_indictment_golb.pdf" target="_blank
--Other Legal Filings
http://www.bobcargill.com/who-is-charles-gadda.html#Legal_Filings" target="_blank


UPDATE (11/18/10)
STATUS: Golb sentenced six months imprisonment on Nov. 18, 2010

N.Y. Sup.: Raphael Golb Gets Six Months in Prison for Impersonating Dead Sea Scrolls Scholar

New York Daily News

A judge Thursday sentenced Raphael Golb to six months behind bars - for his stealing his victims' e-mail identities and trashing them.
http://www.nydailynews.com/news/ny_crime/2010/11/18/2010-11-18_raphael_golb_gets_six_months_in_prison_for_impersonating_dead_sea_scrolls_schola.html#ixzz162AB2Xja

Juzwiak v. Doe

N.J. Super. App. Div.: Recipient of Offensive E-Mails Can't Force Yahoo to Name Sender

New Jersey Law Journal

The ruling ... instructs how e-mails fit into the contours of the decade-old precedent that allowed for unmasking anonymous posters of injurious comments on the Web if certain tests are met.

http://www.law.com/jsp/article.jsp?id=1202464260189&Recipient_of_Offensive_EMails_Cant_Force_Yahoo_to_Name_Sender

-- Decision: Juzwiak v. Doe: http://pdfserver.amlaw.com/nj/Juzwiak-a2302-09.pdf

Robinson v. Albero, No. 0203SP009122009 (Md. Cir. Ct., Wicomico County  filed  Nov. 10, 2009)
Status: Dismissed

The owner of Robinson's Jewelry and Clock Store in Salisbury, Md. filed to obtain a peace order against blogger Joe Albero, over postings on his Salisbury News blog site (sbynews.com).  The court dismissed the petition at a Nov. 25 hearing.

On Nov. 17, Robinson filed a civil suit over the postings.



Links and Court Documents:
Lawsuit accompanies charges against blogger (DelmarvaNow!, Nov. 19, 2009).
Peace order against blogger dismissed (DelmarvaNow!, Nov. 26, 2009).

CRIMINAL CASE: State v. Strom, No. _____ (Va. Cir. Ct. 2009).
Status: Pending.

On July 17, 2009, police arrested and jailed Elisha Strom on charges that the content of her blog, I HeArTE JADE, violates Virginia's law prohibiting publishing personal information, including name and address, of police officers "with the intent to coerce, intimidate, or harass." Va. Code § 18.2-186.4.

Strom's site contains photographs, names and addresses of members of the Jefferson Area Drug Enforcement task force, known as JADE. On the site, she claims that all the information came from public sources.

Links and Court Documents:
http://www.readthehook.com/blog/index.php/2009/07/30/hobby-or-harassment-blogger-strom-jailed-for-cop-site/
http://www.wsls.com/sls/news/local/article/bedford_co._woman_blogs_about_police_then_gets_arrested/42423/
http://www.washingtonpost.com/wp-dyn/content/article/2009/08/09/AR2009080902126.html

Kruska v. Perverted Justice Foundation, No. 2:08-cv-00054 (D. Arizona filed January 10, 2008).
Status: Dismissed; appeal dismissed, No. 09-15426 (9th Cir. mandate May 21, 2009).

After journalist Jan Kruska expressed her opinion on the over breadth of anti-pedophile laws, several websites, including www.jankruska.com and www.jankruska.net, (both registered through defendant GoDaddy.com), posted allegations that Kruska was herself a convicted pedophile and child molester.

Kruska filed a complaint alleging both state and federal tort and criminal actions against these websites and several affiliated individuals, including Barbara Ochoa, who Kruska claims threatened her if she did not remover her “entire web presence.”

The court granted Ochoa’s motion to dismiss, and dismissed the claims against GoDaddy.com under section 230 of the Communications Decency Act. Kruska appealed, but the appellate court dismissed the appeal.

Links and Court Documents:
www.citmedialaw.org/threats/kruska-v-perverted-justice-foundation
Complaint: http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2008cv00054/366532/1/
http://blog.ericgoldman.org/archives/2008/07/godaddy_gets_23.htm
http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea
Order granting motion to dismiss by GoDaddy.com and defendant Bob Parsons: http://cyberlaw.stanford.edu/packet/200902/arizona-district-court-rules-website-targeting-plaintiff-does-not-crea

Haberman v. Rhoad, No. 2006 DR 007754 SC (Fla. Cir. Ct., Family Div. Sarasota County injunction issued Sept. 7, 2006).

Status: Injunction modified to specify web sites covered (Jan. 29, 2008).

Kristen Rhoad, who accuses her ex-husband Phil Haberman of abuse and of falsifying his military record, posted several statements about him on her blog, rhoadwarrior.blogspot.com (no longer active), and several other web sites and some newspapers have posted and published similar materials regarding Haberman’s alleged exaggerations of his military experience. Haberman filed a complaint alleging that the statements on Rhoad’s blog and elsewhere were cyberstalking under Florida law, and constituted domestic violence. The judge agreed, and issued a standard injunction barring Rhoad from contacting Haberman or committing any violence against him, and also ordered a psychiatric evaluation of Rhoad. In a section of the form labeled “other provisions regarding contact,” the judge handwrote into injunction the order that Rhoad to “remove, or cause to remove, all blogs, e-mails or other web-based communications to [Haberman] or third parties that refer to [Haberman], and which are posted, or caused to be posted, by [Rhoad].” Rhoad filed a motion to dissolve the injunction on jurisdictional grounds, but the motion was denied. Nevertheless, Rhoad continued to update her site, and was no effort to enforce the order against other sites. In January 2007, the judge ordered Rhoad to appear on charges of civil contempt. Although she faxed two requests for an adjournment, the hearing was held and a warrant was issued for her arrest. This led the blog to be removed. In January 2008, the court modified the order at Haberman’s request to name the specific web sites involved, which he said was necessary to have the content removed.

Links and Court Documents:

http://www.citmedialaw.org/haberman-v-rhoad

http://www.pressofatlanticcity.com/news/story/6760022p-6629130c.html

http://www.spokesmanreview.com/blogs/spot/archive.asp?postID=3994

http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A112941

http://sarasota.creativeloafing.com/gyrobase/Content?oid=oid%3A114918

Violet Blue v. Burch, No. CCH-08-568060 (Burch); CCH-08-568061 (Alter) (Cal. Super. Ct., San Francisco County restraining order denied Aug. 8, 2008).

Status: Restraining order denied

Online sex columnist Violet Blue filed a request for a restraining order in July 2008 against David “Ben” Burch and Nina Alter. The claims followed allegedly threatening emails received by her from Burch, as well as disparaging statements made about her on numerous websites, including Burch’s blog (http://www.kickingpebbles.net/?p=108) and Wikipedia.org. The restraining order was denied on August 8, 2008, when the court concluded that the plaintiff had failed to meet her burden of proof.

Links and Court Documents:

http://www.citmedialaw.org/threats/violet-blue-v-burch

Plaintiff’s commentary: http://www.tinynibbles.com/blogarchives/2008/08/about-those-restraining-orders.html

Lochrie v. Norby, No. SCRDCVPT-07-0161960 (Cal. Super., Shasta County)

Status: Restraining order denied

Christy Lochrie, a reporter for the Record Searchlight newspaper in Redding, Cal., writes the “Phat and Pink” blog on the newspaper’s web site (blogs.redding.com/redding/clochrie/). Her former friend Beth Doolittle-Norby started her own blog, “No Phat Pink Chicks” (www.nophatpinkchicks.blogspot.com/), which ridiculed Lochrie’s reporting, appearance and personality. Lochrie sued for harassment, seeking a restraining order to stop Norby from maintaining the blog, and to stay away from her. On Feb. 23, 2007, Superior Court commissioner Gary Gibson denied the restraining order.

Links and Court Documents:

http://www.redding.com/news/2008/feb/20/blog-dispute-settled-court

http://www.firstamendmentcenter.org//news.aspx?id=19715

Kaplan v. Salahi, No. BS06288332 (Cal. Super., Small Cl. Ct., Alameda County judgment entered May 7, 2007), motion to strike denied, No. BS06288332 (Cal.
Super. Ct., Alameda County June 13, 2007) (affirming small claims judgment).

Status: $7,500 award to plaintiff.

Lee Kaplan, a journalist for FrontPageMag.com, sued Yaman Salahi in small claims court for comments on his blog, “Lee Kaplan Watch” (http://kaplanwatch.blogspot.com/). Kaplan was awarded $7,500, which was affirmed on appeal to the Superior Court. The defendant does not apparently plan any further appeal.

Links and Court Documents:

http://yro.slashdot.org/article.pl?sid=07/06/16/1940231&from=rss

Plaintiff’s commentary: http://www.leekaplandeconstructsleekaplanwatch.blogspot.com
Plaintiff’s commentary: http://ww.frontpagemag.com/Articles/ReadArticle.asp?ID=28816
Defendant’s commentary: http://kaplanwatch.blogspot.com/2007/06/faulty-case-against-me.html
Docket access via http://apps.alameda.courts.ca.gov/domainweb/casesumbody.html (enter docket number)

Polich v. Nahmod, No. CC2008-149566 (Ariz. Just. Ct., North Valley filed July 11, 2008).

Status: Preliminary injunction issued (Sept. 26, 2008).

Blogger David Nahmod has written extensively on his David's Open Forum blog (davidsopenforum.blogspot.com) and other sites (including Lavender Newswire) on the demise of his five-year relationship with Beecher Goodwin, which he claims was sabotaged by Kathryn Rock, who Nahmod alleges took advantage of Goodwin’s manic depression to urge Goodwin to stop being a homosexual as part of her conservative, religious agenda. The court granted a restraining order against Nahmod to stop what Rock and her husband Stephen Polich alleged was harassment by him, and upheld the order at a Sept. 25 hearing.

Links and Court Documents:

http://davidsopenforum.blogspot.com/2008/09/day-in-court.html

http://blogs.phoenixnewtimes.com/valleyfever/2008/09/despite_a_gag_order_sf_blogger.php

http://sfweekly.com/2008-08-20/news/conservative-arizona-couple-gets-judge-to-gag-gay-sf-blogger/

http://davidsopenforum.blogspot.com/2008/08/coming-soon-trip-to-north-valley.html

http://davidsopenforum.blogspot.com/2008/12/beecher-goodwin-hijacked-life.html

Docket: http://www.superiorcourt.maricopa.gov/docket/JusticeCourtCases/caseInfo.asp?caseNumber=CC2008149566000

Gonzales v. Dunkle, Civil No. 07-03577 (E.D. Pa. injunction issued Nov. 8, 2007)
Status: Injunction issued (E.D. Pa. Nov. 8, 2007), judgment for plaintiff entered (E.D. Pa. Nov. 15, 2008).
In a civil complaint brought under the federal Freedom of Access to Clinic Entrances Act (18 U.S.C. sec. 248), the Justice Department sought a permanent injunction against anti-abortion activist John Dunkle, who allegedly threatened -- including urging the killing of -- clinic patients, doctors, and workers in his print and online newsletter (www.armyofgod.com/POCNewletterJohnDunkle.html), and his “stop the killing of young people” blog (skyp1.blogspot.com). On Nov. 8, 2007, the district court issued a injunction against these and similar statements, leading Dunkle to remove them from his online newsletter and blog. A week later, the court entered judgment for the plaintiff.
Links and Court Documents:
http://news.yahoo.com/s/ap/20071109/ap_on_re_us/abortion_threats_1
http://www.mcall.com/news/local/all-b3-3clinic.6133461nov11,0,1608447.story

CRIMINAL CASE: Ohio v. Ellison, No. C/07/CRB/33168 (Ohio Muni. Ct., Hamilton County guilty verdict Nov. 16, 2007)
Status: Guilty verdict reversed, 178 Ohio App.3d 734, 900 N.E.2d 228, 2008-Ohio- 5282 (Ohio App., 1 Dist. Oct. 10, 2008).

Ripley C. Ellison and Savannah Gerhard were friends in junior high school until Ellison’s younger brother accused Gerhard of molesting him; an investigation found insufficient evidence to substantiate the claim. In 2007, while Ellison and Gerhard were both in high school, Ellison posted a picture of Gerhard to her publically-accessible MySpace page, with the caption, “Molested a little boy.” Ellison removed the picture after Gerhard complained to school authorities, but the case was referred to prosecutors and Ellison was tried for violating Ohio’s criminal telephone harassment statute (Ohio Rev. Code 2917.21(B)) on the grounds that Gerhard said that she felt harassed by the posting. Ellison was convicted in a bench trial, and sentenced to a suspended 180-day jail sentence and one year probation. On appeal, the court held that while the statute is written broadly so that actual, direct communication with a target is not required for conviction, there was no evidence that Ellison had the criminal intent to harass Gerhard. Thus the court reversed and conviction and dismissed the case.

Links and Court Documents:
http://news.cincinnati.com/article/20081011/NEWS0107/810110315Trial court docket: http://www.courtclerk.org/case_summary.asp?sec=history&casenumber=C/07/CRB/33168
Appeals decision: http://www.hamilton-co.org/appealscourt/docs/decisions/C-070875_10102008.pdf

CRIMINAL CASE: Ohio v. DuBois, No. CR-05-_______ (Ohio C.P. Ct., Ottawa County plea bargain March 27, 2006)
Status: Dismissed pursuant to plea bargain

Besides his indictment in Cuyahoga County (see above), erievoices.com webmaster Bryan Dubois was also indicted in Ottawa County on charges of intimidation and retaliation against one of the witnesses against Baumgartner in the original libel lawsuit. On March 27, Dubois agreed to plead guilty and testify against Elsebeth Baumgartner in her criminal trial. As part of the deal, Dubois formally apologized, and was sentenced to probation in the Ottawa County case, with the charges against him in Cuyahoga County dismissed.

Links and Court Documents:
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050722/NEWS01/50722002/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051212/NEWS01/512120302/1002

CRIMINAL CASE: Ohio v. Baumgartner, No. CR-05-470184-A (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Ohio v. DuBois, No. CR-05-470184-B (Ohio C.P. Ct., Cuyahoga County indictment Aug. 30, 2005)
Status: Baumgartner is appealing her conviction; Charges against DuBois dismissed pursuant to plea bargain.

Elsebeth Baumgartner of Oak Harbor, Ohio and Bryan DuBois of Sandusky, Ohio allegedly used their site www.erievoices.com to libel and harass retired Cuyahoga County Judge Richard Markus, who had presided over a libel lawsuit against Baumgartner that ended with a $175,000 verdict against Baumgartner.

During the trial in this case, on criminal charges of intimidation and harassment for the web site postings and other activities, Baumgartner moved to have trial judge Shirley Strickland Saffold removed from the case. Although Saffold refused to recuse herself, Baumgartner continued to argue for recusal. Saffold eventually ordered her jailed for contempt. Baumgartner then presented a note from her doctor that she was not competent to stand trial, and Saffold ordered her admitted to a psychiatric hospital for evaluation.

In March 2006 DuBois pleaded guilty to separate charges against him in Ottowa County. As part of the plea bargain, the Cuyahoga County charges were dismissed and DuBois agreed to testify against Baumgartner in her trial.

On June 1, 2006, Baumgartner was again found in contempt and jailed; she was released on Oct. 5. On Oct. 31, 2006, Baumgartner was found guilty of 27 counts of contempt of court, and on Nov. 15 she was found guilty of 15 felony counts of intimidation and retaliation. On Nov. 28, 2006, Baumgartner was fined $2,700 and sentenced to 120 days in jail for the contempt counts, which she is appealing; on Dec. 18, 2006, she was sentenced to eight years in prison for the intimidation and retaliation counts, with the sentence stayed pending appeal. But her bond was revoked in 2008, after Baumgartner filed yet another lawsuit in violation of the conditions of her appeal bond. Baumgartner appealed the bond revocation, but the Ohio Supreme Court affirmed (Baumgartner v. Duffey, 2009-Ohio-1218, 2009 WL 792230 (slip opinion)).

Links and Court Documents:
http://www.citmedialaw.org/state-v-baumgartner
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20060328/NEWS01/603280303
http://www.wkyc.com/video/player.aspx?aid=14346&sid=38099&bw= (video)
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20050927/NEWS01/509270301/1002
http://www.portclintonnewsherald.com/apps/pbcs.dll/article?AID=/20051214/NEWS01/512140306/1002
http://www.northcountrygazette.org/articles/060206BaumgartnerJailed.html
http://mp3.rbnlive.com/Greg/0603/20060329_Wed_Greg1.mp3 (audio)
http://www.northcountrygazette.org/articles/100506ReleasedFromJail.html
http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061031/NEWS02/610310359
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/116367081364530.xml&coll=2
http://toledoblade.com/apps/pbcs.dll/article?AID=/20061129/NEWS02/611290323/-1/NEWS
http://www.sanduskyregister.com/articles/2008/05/10/front/754929.txt

Wagner v. Miskin, No. ____ (N.D. Dist. Ct. jury verdict 2002), aff’d, 660 N.W.2d 593, 2003 ND 69 (N.D. May 6, 2003), reh’g denied (N.D. June 3, 2003), cert. denied, 540 U.S. 1154 (2004).
Status: $3 million award for plaintiff affirmed

(NOTE: This award predates the award in Banks v. Milum, above, and involves a web site which would now be considered a blog.)

Former University of North Dakota student Glenda Miskin created a website, undnews.com, that criticized the university and its professors. Miskin was suspended from the university in 1990 after an internal disciplinary committee found that she had stalked UND physics professor John L. Wagner. But the site alleged that Wagner had harassed Miskin with sexually provocative phone calls. Wagner sued, and won $2 million for libel, $500,000 for slander, and $500,000 for interference with his business relationships. The North Dakota Supreme Court upheld the award, and the U.S. Supreme Court declined to review the case.

Links and Court Documents:
http://www.citmedialaw.org/wagner-v-miskin
North Dakota Supreme Court opinion: http://www.court.state.nd.us/court/opinions/20020200.htm

Ramsey v. Harman, No. 07 CVD 333 (trial); (N.C. Dist. Ct., Madison Co. 2007).
Status: Trial court injunction vacated, No. COA07-1536, 2008 WL 2415127 (N.C. App. June 17, 2008).
Blogger Cindie Harman posted an entry on her website, bonifide.us, claiming that plaintiff Erin Knox was a school bully. Knox and her mother, Linda Ramsey, filed a complaint for stalking in the state court, and were granted a temporary civil restraining order. The trial court then held that Harman had harassed Knox, and made the restraining order permanent. On appeal the Court of Appeals vacated the injunction and the trial court’s finding that Harman had stalked the plaintiff, and dismissed the case.

Links and Court Documents:
http://www.citmedialaw.org/threats/ramsey-v-harman
Appellate opinion vacating trial court decision: http://www.aoc.state.nc.us/www/public/coa/opinions/2008/071536-1.htm
Appellate docket: http://www.aoc.state.nc.us/www/public/coa/dsheets/071536-1.htm

Finkel v. Facebook, Inc., No. 102578-09 (N.Y. Sup. Ct., New York County filed Feb. 24, 2009).

Status: Pending.

College student Denise Finkel sued four high school classmates who she claimed posted harassing and defamatory statements about her on Facebook. Finkel also sued Facebook and the classmates’ parents. A motion to dismiss is pending.

Links and Court Documents:

http://www.newsday.com/news/local/crime/ny-liface036055943mar03,0,3092852.story

http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=101431

CRIMINAL INVESTIGATION: Lori Drew (Mo. 2007)

Status: Missouri state investigation dropped; California federal grand jury has brought indictment.

See above for details.