David Allyn Dokich - Serial Child Rapist / High Risk Sex Offender

Wednesday, January 18, 2006

V I C T O R Y

Today I won the temporary restraining order case brought against me by parole supervisor Lisa Abma.

Here is a recap of everything to do with this court case.

Thursday, November 3rd - While we were protesting parole supervisor Lisa Abma showed up in a parole vehicle driven by parole agent Kammert. She said she was there to serve Cease and Desist orders on protesters. I thought this was odd at the time because it's my understanding you cannot be your own process server.

While Lisa Abma was at the protest I was video taping her and asking her questions. Look for the video called "Lisa Abma Gone Wild" to see for yourself.

A few days after this incident we learned that the Cease and Desist orders Lisa Abma brought to the protest were phoney. They were made to look like Cease and Desist orders to the layman, but were indeed fakes.

We believe this was an attempt by parole to shut down the protesting. We had been protesting for 6 months at that point. Parole had said early on they were going to "hunker down" and wait us out. Well obviously that did not work.

November 17th - We were at the halfway house protesting. A parole agent vehicle driven by parole agent Kammert approached me and dropped a Temporary Restraining Order at my feet. I looked to us that since the fake Cease and Desist orders did not work, parole was trying something else to shut down the protest.

I was the only one to get a TRO. Why? Probably because I started this blog and they see it as a threat. Parole feels, based on comments made by parole agent Kammert, that all of the protesters are my "minions". Everyone is protesting because I tell them to. If I had that kind of influence I would have them making me dinner every night.

They may have also felt that if they could paint me in a bad way, tarnish my reputation, it would end the protesting.

I started working with a local paralegal, Tom Hayden. He came highly recommended and I could see why. This man knows the law inside an out. I worked on the internet law, Tom worked on the Anti-SLAPP law. Tom prepared all of the court paperwork. Tom also lined me up with an attorney who offered to take the case pro bono because she felt it was a good cause. More on her later.

November 30th - First court hearing for TRO. I had about a dozen protesters with me, some even came from Norco and Phelan. Lisa Abma had about six people with her, all seemed to be from parole. One was Doris Mahlum, a district administrator.

Now this was an important observation. Some of the protesters have gone through the TRO process due to abusive relationships. They tell me they brought support in the form of family and friends, not people from their work like Lisa Abma did.

We were seated before the honorable Pamela Thatcher, Commissioner.

The basis of Lisa Abma's claim was that the blog was causing her grief, poor thing. People were calling her names, mommy make them stop, sniff sniff.

Lisa Abma was of the belief that I was responsible for others when they expressed their opinions and that it was my responsibilty to moderate others comments. Fortunately we do not live under the rule of the Taliban in this country.

Lisa Abma has a penchant for taking things out of context. For example, she said to the court that I threatened to come to her house. What I said, and it's on video, is "maybe we will come to your house and protest". That is a far cry from "threatening" to come to her house to do her harm.

Lisa Abma also claimed, on the record, that I was calling her a child molester. Wrong again Lisa. I was asking her questions when she came to the protest, such as "are you taking money from the house" and "are you a child molester". Questions are quite different from statements. Again, this is on video.

Lisa Abma brought with her as evidence a stack of paper about 3 inches thick. Actually someone else from parole carried it in. What was this stack? Every comment posted here. At the time that would have been about 1,600 comments.

My defense was simple. We are lawfully protesting the placement of a High Risk Sex Offender near children. We are exercising our First Amendment rights to speak out about this subject. We are using the methods provided to us by the founding fathers and the Constitution to redress grievances we have with our government.

Further, Title 47, section 230 of the Telecommunications Act of 1996 clearly states I am not responsible for the comments of others, and said comments are hyperbole, in other words, opinions, not statements in fact. All the folks from parole were squirming in their seats when I read that. They thought they had me, ha!

I also had a video on CD showing that Lisa Abma's claims of what happened when she tried to server the phoney Cease and Desist orders were false.

Commissioner Thatcher orders us to return December 12th at 9 am to exchange evidence. She sets January 4th as a date to discuss the evidence. She also sets January 18th as the day she will make her ruling.

December 12th - I met Lisa Abma in the hallway of the Hemet court. I gave her a copy of the video from November 3rd. She gave me a copy of all the blog comments she had printed out.

I waited behind and started reading the papers she had given me while she left. I did not want her to be able to claim I followed her. Little did she know someone was in the parking lot video taping her coming and leaving the court.

January 4th - This was our hearing to discuss the evidence. During court and on the record Lisa Abma claimed I followed her outside the court on December 12th and intimidated her by standing right by her. Again, we have video showing this is a lie. Watch the "Lisa Abma is a Liar" video to see for yourself.

I also objected to the blog comments being submitted into evidence. The commisioner denied my request.

I then made an oral argument for a special motion to strike as provided for by 425.16 of California code. The commissioner asked that I submit it in writing and serve Lisa Abma via mail.

425.16 is California's Anti-SLAPP statute. SLAPP means Strategic Lawsuit Against Public Participation. The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.

January 18th - Again, I had protesters with me from as far away as Norco and Phelan. They are fantastic people and dedicated to our cause.

Lisa Abma only had one person with her, her lackey agent Kammert. What happened to all her support from parole? Where was parole district administrator Doris Maylum this time?

It looks like they bailed on her and left her flailing about on her own. They probaly saw the "Lisa Abma is a Liar" video and decided to distance themselves from the situation. There has always been speculation that parole made Lisa Abma do this on her own. That way if they lost it was on her, not them.

I also brought my secret weapon, local attorney Diana Renteria. If things did not go my way, she was ready to deal with it.

Commissioner Pamela Thatcher was ready with her ruling. A hush fell over the court room.

The commissioner started by addressing my special motion to strike. She cited 425.16, section (e) As used in this section, "act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue" includes: sub section (3) - any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest.

Commisioner Thatcher agreed with the special motion to strike. Case over, victory!

This was a huge relief for me personally. If I had lost, I would have been under a restraining order for 3 years. That would have prevented me from being within a certain distance of parole supervisor Lisa Abma. I would also have prevented me from going to her work or home. That was not an issue for me as I have never gone to her place of work or home, nor do I have any reason to. What bothered me was having this tarnish my character. That was very distressing. I have dedicated over 9 months of my life to protecting children and women from predators. The other problem was that if we were protesting and Lisa Abma showed up, I would have to leave.

Fortunately it did not come to that. No more restless nights. No more waking up with leg cramps. That was a first for me and it was not pleasant.

As a matter of fact, when I got home today I laid down dead tired. The phone rang a couple hours later. It was the first time in months where I was truly asleep. You know the type of sleep where when you wake up it takes you a minute to get your bearings. The type of sleep when you wake up you are not sure what day or time it is. That is the type of sleep I have been missing. Oh I can't tell you how great it was. Joy for me.

Beyond myself, this was a huge victory for all the protesters, good honest folk trying to protect children from predators. Had parole prevailed, they could have used the same tactics to shut down protests in other communities. The reverse has happened.

Update: I originally thought this was now case law, it is not because it did not go through the appellate court. However, we know how to beat parole, and should they try this again, we are ready.

So where do we go from here? Well I can tell you we are not done. We are in this fight until the state stops dumping dangerous predators and felons into our communities. I think the days of communities silently taking it are over. We have risen up together and we have prevailed.

I want to thank everyone for your support.

All the protesters from Mead Valley, Norco and Phelan, you were great and you do not know how much it meant to me to have you at my side in this battle.

To my attorney Diana Renteria, I thank you for your time and willingness to fight for a just cause.

To my paralegal Tom Hayden, I could not have done it without you buddy, you are the best.

And finally to my good friend "Molly" I thank you for your strength and perseverance. You are remarkable.

Never give up, never surrender!

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