Archive for the ‘Afterward’ Category

And So This Is Christmas, and What Have We Done

24 December 2009

Well Catherine,

This has certainly been an interesting year. First, you refused to vacate your gratuitous legal attack of 2006, then falsely accused me of felony burglary. When the police suggested an expensive mediation to address your fear, you agreed, then failed to appear. When this required much more expensive court action on my part, you contested. But again you failed to show such that, with your appeal, your actions shall have cost me nearly $20,000. Whatever the courts may finally decide, you owe me a significant moral debt, whose cash value is no less than eighteen thousand dollars, incurring annual interest at the federal prime rate plus two, beginning 25 February 2011. Please plan to pay it in full before returning to Oregon or Washington.

In some ways I suppose I should thank you for this odd trial by ordeal. At Republic 361 Glaucon asserts that the most perfect justice is to be just but considered unjust, a situation no sane person would hope for. With no good intent or rational plan, you put me in a crucible which helped prove my temper as a matter of public record. For the rest of my life I may speak of this wrong: sure of what each did and confident of who I was and remained in the face of repeated, provocative insult.

When you left me in February of 1998 there was a clear commitment to remain amicable, to work on things so that both of us could go on to better lives. Such lives presumably did not include legal threats on your part to file for a bogus restraining order, to make up self-serving stories to tell your friends or to repeatedly bring me into court with vague claims that I wanted to hurt you in some way and for reasons you could never specify. Your cartoon narrative never matched the facts and, not well when you left me, I was confused. When I sent you a banal 2003 birthday letter, I was surprised by the force of your irrational response, but naively gave you the benefit of the doubt as you repeatedly invoked the justice system against me in 1999, 2006 and 2008. When I asked you to voluntarily resolve this at no cost to you, you refused, hence my direct legal expenses. After twelve years and thirty-thousand dollars between us, what exactly do you have? You are in precisely the legal position you had in 1998, only older, tattooed, abroad and with fewer prospects. Moral integrity cannot be purchased like a Chinese child, but recompense can be made. Please do so.

I don’t know if you ever graduated from Reed College, Cate, but I do know that you failed to become what you once wanted. How much of this was over-reach and how much moral or mental illness I shall never know. It is not my business. What is mine, though, is to wonder at the nature of your obsession with me. Are you guilty for things you falsely told me about my brother? For having left under the conditions you did? Did these betray the honor you felt you owed your mother’s memory? Have you performed some sort of secret Mormon sealing voodoo, or did you feel at some level that you deserved to die? Did you hope to taunt or frustrate me into killing you, that false  stories of persecution would bring salvation? You are on your fourth lawyer as I write this and, from what I can see, have yet to think this through. You lurch from point to point like a drunken pinball, a disappointment to us both.

The central fact of our current relationship, Catherine, is that you have used the legal system to harass and annoy me, for which you owe me nearly $20,000. Any additional emotional charge or issue you may hold is secondary: Yours entirely. Not my problem. I believe that I have shown compassion over the past fifteen years and shall, upon payment, be open to helping you address your psychological issues as you may wish. If you have a death wish, show up at my house with a weapon and I shall address it logically, lawfully and with mercy. If you do not have a death wish, pay me my money and go in peace. I do not really care much either way, but do not die with this debt unfulfilled. You are stuck, Catherine, and must resolve this.

You have outlived your mother by raw count of years, which is more than I think you ever expected. What good that has done anyone is unclear. Your life could have been so much better, Catherine, and may yet be if you resolve this.

What you did to externalize your guilt and other psychological issues is understandable, but your decision to abuse the legal system was wrong. I can forgive the psychological pain but the moral debt of verifiable legal costs is a just one. Please pay the moral debt made by Cate Carter, to go forward with my blessing.

Happy Christmas, Catherine Lynne, wherever you may be.

- Rory

PPDS Name Record for Carter, Catherine L

Like most modern police deparments, the Portland Police Bureau maintains a series of databases on persons of interest, including criminal complainants. After the partial victory of August 2009, I began to wonder at Carter’s mental competence and veracity more than before and asked a private investigator to check PPB records to find out how often she had contacted the police about things, given her previous sworn testimony about having contacted the police in 1999 when I’d returned her couch and some other online examples of her having claimed to be in contact with the police about supposed dangers. Did she call the police all the time or was I special? To my great astonishment, neither of those alleged interactions were in the basic record. Had she lied about the calls or had PPB just not recorded them? It was an odd development, to be sure. What else should I look at again?

PPDS NAME RECORD
PPDS NUMBER: 1434677
DATE PRINTED: 10/01/09

NAME: CARTER, CATHERINE L
SEX: F RACE: W AGE: 32
HGT: EYES: SKIN:
WGT: HAIR: BIRTH PLACE;
LAST KNOWN ADDRESS-MOST CURRENT FIRST ASSOC DATE
[ADDRESS B REDACTED] PORTLAND 04-09-08
[ADDRESS A REDACTED] PORTLAND 03-31-96

ASSOCIATED VEHICLES: NO ASSOCIATED VEHICLES FOUND

PPDS NAMES ASSOCIATED TO CRN: NO ASSOCIATED CRNS FOUND

ASSOCIATED CASES

CASE NBR 0893047 AGENCY PORTLAND POLICE REPORTED DATE 09-20-08 INVOLVEMENT VICTIM
LOC OF OCCURRENCE [ADDRESS B REDACTED]
OFFENSES 1: BURG -RES -UNK- FORCE ENTRY

CASE NBR 0833252 AGENCY PORTLAND POLICE REPORTED DATE 04-08-08 INVOLVEMENT VICTIM
LOC OF OCCURRENCE [ADDRESS B REDACTED]
OFFENSES 1: STALKING

CASE NBR 9529907 AGENCY PORTLAND POLICE REPORTED DATE 03-05-96 INVOLVEMENT COMPLAINANT
LOC OF OCCURRENCE [ADDRESS A REDACTED] PORTLAND
OFFENSES 1: LARCENY-FRM BUILDINGS

CHARGES: NO CUSTODY INFORMATION FOUND

MISCELLANEOUS INFORMATION: NO MISCELLANEOUS NAME INFORMATION FOUND

END OF RECORD T438677
TERMINAL ID X4OZ

Statement for Attorney Fees, et al at $12,033.93

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

CATHERINE LYNNE CARTER, Petitioner
v
RORY GREY BOWMAN, Respondent

Case No. 060303051

STATEMENT FOR ATTORNEY FEES, COSTS, AND DISBURSEMENTS FOR RESPONDENT

The undersigned attorney offers the following facts in support of an award of reasonable and necessary attorney fees, costs, and disbursements:

1. Respondent is entitled to recover attorney fees, costs, and disbursements pursuant to ORS 30.866(4)(c), as interpreted consistently with Article I, Sections 10 and 20 of the Oregon Constitution.

2. Legal fees, including the number of hours and services provided in this matter by each attorney, clerk, and legal assistant in the hourly rates for each are set forth in detail in Exhibit 1. The total sum of these fees is $10,790.00. Exhibit 1 is summarized as follows:

Name, Position, Hourly Rate, Number of Hours, Fees

Bear Wilner-Nugent, Attorney, $100 (initial consult/travel), 2.4, $240.00

Bear Wilner-Nugent, Attorney, $150 flat fee (first demand letter), 1 task, $150.00

Bear Wilner-Nugent, Attorney, $200 (basic rate), 52.0, $10,400.00

3. The specific factors supporting an award and the amount of legal fees pursuant to ORS 20.075 or other statute or rule are set forth in Exhibit 2.

4. Litigation expenses billable directly to the client that are not overhead expenses already reflected in the hourly rate for legal services are set forth in detail in Exhibit 3. The total sum of these litigation expenses is $1158.93.

5. Costs and disbursements supported by ORCP 68 A(2) or other statute or rule, consisting of the prevailing party fee, are set forth in detail in Exhibit 4. The total sum of these costs and disbursements is $85.00.

6. In summary, respondent is entitled to an award of reasonable and necessary attorney fees in the sum of $10,790.00, litigation expenses in the sum of $1158.93, and a prevailing party fee in the sum of $85.00, for a total of $12,033.93.

I hereby declare that the above statement, including the information contained in the exhibits to this statement, is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

Date 9/3/09
Bear Wilner-Nugent, OSB#044549
Counsel for Respondent

Signed Vacation of Order

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MULTNOMAH
FAMILY COURT

Catherine Lynne Carter DOB: 2/24/77
v
Rory Grey Bowman DOB: 10/6/65

Case 0603 03051
ORDER

On the motion of the Respondent to vacate the Final Stalking Protective Order and Judgment signed by Judge Steven A Todd on April 21, 2006 is vacated.

Signed August 21, 2009 by Circuit Court Judge R. K. Mickelson