The following letter (slightly amended for Internet presentation)
was sent to Polk County Circuit Judge J. Michael Brown on
Tuesday, December 26, 1995 -- the day after Christmas.
It concerns the case Empire District Electric vs. Marie Ann O'Hara
(Polk County Court, Case Number CV895-146AC).
More information on this case and related events will be posted
shortly.
Tuesday, December 26, 1995
Marie Ann O'Hara
Bolivar, MO 65613
Judge J. Michael Brown
Circuit Court of Polk County, Missouri
Associate and Probate Division, Room 7
Bolivar, MO 65613
Dear Sir:
I am writing to request a continuance until March 5, 1996 on
the Polk County Court, Case Number CV895-146AC, Empire
District Electric vs. Marie Ann O'Hara.
I wish to make clear that I dispute the charges and billing in
Empire District Electric's suit against me. I believe that evidence
will conclusively show that Empire District Electric engaged
in
unethical and fraudulent billing practices, that Empire
District
Electric assisted in obstructing my efforts to obtain Energy
Assistance, and that I was violently coerced into signing
the
June 17, 1993 "settlement agreement" while being subjected
to severe personal injury and the threat of imminent death.
I have been advised that a number of incidents in the behavior
of Empire District Electric employees and associates may
constitute
criminal violations of several federal and state laws.
Though I am
eager to defend myself in this matter, it has been recommended
that I not do so at this time lest this hinder the criminal
prosecution.
Therefore, I have, with the assistance of others, compiled this
evidence so that the proper authorities may fully review
it and
determine the best course of action. This appraisal may
take
several weeks longer than the normal 30 to 45 days because
of
the limits imposed by my medical condition.
It has taken several weeks to compile this information as this
situation
spans five years, involves dozens of individuals, and relates both
directly
and indirectly to my litigation seeking compensation for the
disabling
injuries which I received due to acute and chronic exposures to
highly
neurotoxic pesticides and their solvents while a student at
Southwest
Baptist University. (This litigation is filed in Green County,
Missouri,
Case Number CV191CC2880).
I am constrained from making further comments until the authorities
and my attorney, Mr. Melvin Belli, have completed their
reviews
and discussions.
1
However, I do wish to clarify several issues. Mr. Kerry Douglas
asserts that I purposefully evaded notification of the
litigation
which Empire District Electric had filed against me. This
is an
utter falsehood.
As Mr. Kerry Douglas and Mr. Gary Lynch, who are the defendant
Southwest Baptist University's local counsel, are fully
aware, Mr.
Belli has a full time answering service, a considerable
staff, a 24
hour fax number, and a voice mail through which he may
be
contacted.
I was astonished to hear during the first week of November that
Empire District had, in fact, filed suit against me. I
understood
that Empire officials had spoken to an attorney from Mr.
Belli's
office, Mr. Leroy Vadney, following the last of a series
of seven
illegal and life-threatening disconnections of my electrical
service
(for as long as eight to ten hours) and had suggested arranging
a lien against any settlement in the Southwest Baptist
University
litigation in order to resolve the situation.
I had agreed to assess such an offer and awaited the proper
paperwork while continuing to make monthly payments (though
they did little good due to the interest which Empire District
Electric added each month), but the paperwork was not
forthcoming, and the subject was not broached again.
Indeed, Mr. Leroy Vadney was in Bolivar for two days during
the second week of October 1995 to resume depositions in
the
SBU litigation. Unfortunately, the depositions were postponed
after Mr. Vadney had already arrived from California due
to
the sudden hospitalization of Mr. Gary Cunningham, SBU's
lead attorney. Again, no mention was made of the Empire
District Electric matter.
Apparently, Mr. Douglas contends that I did not answer the
door to individuals sent to serve papers. Because of the
virtually
constant harassment of the last several years, my caregiver
and
I do not answer the door to strangers. When several men
whom
we did not recognize appeared at the door during that time
period,
we concluded that if their business were legitimate, they
would
comply with the written request to leave a message. No
message
was ever left.
Likewise, since the Polk County deputy and Bolivar police officer
also left no indication of their business with me nor did
they contact
my attorney (as the written notice on the door indicated),
I assumed
this to be a continuation of the intimidation which has
been employed
at various times during the past three years since the
forceable entry
into my home in October 1992 by two deputies and a woman
from
the Division of Aging. A partial description of these
two episodes
is contained in the enclosed sworn interrogatories from
the SBU
litigation (Green County Court, Case Number CV191CC2880:
filed December 20, 1993; Marie Ann O'Hara Interrogatories,
question #31, pages 371-373).
2
Further, I was told that the restricted certified letter which Empire
sent regarding this suit was only the formal notification
of depositions
in the SBU case. Because personally signing for a restricted
letter
(as required by the post office) is difficult and painful
for me, I
was relieved to hear that my attorney had already dealt
with the
deposition notification and; therefore, I allowed the Empire
letter
(which I thought to be the SBU deposition notification)
to be returned
without signing for it.
Let it be known that I have not referred this situation for
criminal
prosecution as retaliation for the wrongdoing which these
individuals
have done against me, my family, or my friends. My actions are
entirely
prompted by my need to defend my life in light of the threat by Mr.
Douglas and Mr. Lynch to execute me by terminating my
electrical
service and, in so doing, terminating my life.
Additionally, I have learned from brutal experience that any attempt
on
my part to obtain local assistance in paying this bill would be
futile
and would result in the usual savaging reprisals and insults. For
this
reason, I allowed my friends to seek immediate assistance from
outside
the Bolivar and Missouri areas. Whatever portion of the billing is
found
to be legitimate will no doubt be paid in full by March 5,
1996.
I ask, therefore, that a continuance be granted until March 5, 1996
on
the Polk County Court, Case Number CV895-146AC, Empire
District
Electric vs. Marie Ann O'Hara.
Sincerely,(original copy signed)
Marie Ann O'Hara
Enclosures:
(Green County Court, Case Number CV1912880: filed December
20, 1993; Marie Ann O'Hara Interrogatories, question #31,
pages
371-373).
cc Mr. Kerry Douglas
Mr. Gary Lynch
