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Suggested Mandatory Reading for those with Permits to Carry in CT

Edward Peruta

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This transcript was obtained from the Wallingford Connectictut Police Department and makes very interesting reading for those who know the law and police proceedures. Please excuse the format as it was first scanned from a copy to text for posting purposes. A link to to this document in PDF format will also be placed at [url]http://www.ctgunrights.com[/url].

This transcript should beMANDATORY reading for every individualwho currently possesses a Permit to Carry and those who wish to obtain one.




Tape transcription of a telephone conversation between Sarah Dobensky and
Officer Flood on May
17, 2010. Case Number: 2010-10370.

OFFICER FLOOD: All right urn, the first thing; can you just state your f-full name?

SARAH DOBENSKY: Uh yeah it's Sarah Lynn Oobensky.

OFFICER FLOOD: Okay can you spell your last name for me?

SARAH DOBENSKY: Yes its O-O-B as in boy, E-N as in Nancy, S-K-Y.

OFFICER FLOOD: Okay and what's your b-birth date?

SARAH DOBENSKY: 7-14-89.

OFFICER FLOOD: All right and what's your current uh, a-address?

SARAH DOBENSKY: Urn, 91 Camp Street, Apt. 116, Meriden, CT 06450.

OFFICER FLOOD: And where were you born?

SARAH DOBENSKY: In Meriden.

OFFICER FLOOD: In Meriden okay. And what's your uh, home phone num-number ora c-cell phone, either one.

SARAH DOBENSKY: Urn, its (203).

OFFICER FLOOD: Uh-huh.

SARAH DOBENSKY: REDACTED.

OFFICER FLOOD: And what's your highest level of education?

SARAH DOBENSKY: I have two semesters of college.

OFFICER FLOOD: All right and are you currently employed now?

SARAH DOBENSKY: Yes.

OFFICER FLOOD: And where, where do you work?

SARAH DOBENSKY: I have two jobs. One at Yale Billiards in Wallingford, CT and the other (inaudible) Mobil in North Haven, CT.

OFFICER FLOOD: Okay. All right um, so what I want you to do is basically just tell me everything that you just told me like you said, just start, start at the beginning of ...

SARAH DOBENSKY: Okay.

OFFICER FLOOD: Of everything that hap-happened last night. Um, I'm probably not
gonna s-stop you at all. You can just, you know, go, go with it if there's anything that I need to stop you and a-ask you in the middle, then I, then I will but urn, if you could just start with uh, with, with what happened last night, um, uh after you opened the doors.

SARAH DOBENSKY: Okay.

OFFICER FLOOD: And you can, you can just start now.

SARAH DOBENSKY: Okay um, I got to Yale a little bit late; it was about ten of 5:00. I
opened the doors, I was with, with Rob (inaudible) who is the owner's nephew um, went in, there were eight people waiting, gave them tables, um, a few more people came in, um, and then leagues started coming in around 5:30 uh, in the meantime Bobby had gotten there um, I can't remember exactly who whether it was me or him gave out which tables, uh but I know I was serving people in the bar and then I had started playing pool um, one of the other people who works there, Dave came in and as I'm playing pool, he had made the comment about this guy across the room who has a gun and I thought Dave had been joking, I was like you're kidding, turned around and looked and I saw um a bigger man, his shirt tucked in, urn, he had a gun, there was two clips in the back and it was in an orange holster and I turned to my boss, he was sitting next to Dave, and I asked him if that was um, legal, if it was allowed, can he do that, I said why would you do that?

OFFICER FLOOD: Uh-huh.

SARAH DOBENSKY: Urn, and my boss' had no idea and I was like well that makes me
really uncomfortable and I was like especially because the table right next to him,
there's a ten year old boy there. If I were the parents I would be extremely
uncomfortable as well. Um, and so then at that point my boss Bobby had gotten up, he walked over to the table that the guy was on and started talking to him. I don't know
exactly what the conversation was, urn, because I was across the room, but he had
started to walk away um, later on I found out he was walking away to call the police to find out if it was legal but while he was walking away someone from the league walks over to Bobby and the guy and asks um, him a question. Couldn't hear the first one, but after that got extremely loud and uh, started almost yelling about it and saying um, are you gonna cover that thing um, why don't you get the hell out of here, and just making a very like big commotion.

OFFICER FLOOD: Uh-huh.

SARAH DOBENSKY: And then at that time my boss had asked him politely to leave.

OFFICER FLOOD: Okay.

SARAH DOBENSKY: And he said.

OFFICER FLOOD: Let me s-stop you for.

SARAH DOBENSKY: Okay.

OFFICER FLOOD: A second. So um, you know, Mark, you said Mark was, was kind of
yell-yelling and you thought that he was causing a uh, co-commotion um.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: Now Mark was yelling because it appeared that he was upset with
the way that, that this man was carrying his f-firearm?

SARAH DOBENSKY: Yes.

OFFICER FLOOD: His gun. Okay. So it all b-basically stemmed from uh, it, I mean in
other words, w-what uh, you know Mark's been coming there awhile, have you ever
seen Mark um, you know yell at anybody else like that or get that upset?

SARAH DOBENSKY: Uh, Mark is usually a louder guy, but I've never seen him act like
that.

OFFICER FLOOD: Okay.
SARAH DOBENSKY: Um.

OFFICER FLOOD: Okay so he was, you could tell he was very upset at the way, at this
male who was carrying the gun?

SARAH DOBENSKY: Yes.

OFFICER FLOOD: Okay. All right. All right you can go, go ahead and continue.

SARAH DOBENSKY: Okay so um, yeah at that point my boss had asked him politely
to leave and or to cover up the firearm and he said that he would not cover it um, but he would leave
, he, Bobby ended up telling me that he had said that afterwards um, but from what I could see after Bobby finished speaking to him, he put the balls in the tray and walked up to the front, thanked them, told them to have a good night and he apologized to Bobby who had walked with him um, in the meantime Mark had already walked to the front door and he was on the phone with what I found out was the police.

OFFICER FLOOD: Okay.



SARAH DOBENSKY: Urn, Mark ended up going outside and the male who had the
gun went outside as well. Um, I went back to working, playing pool and a few minutes later saw people crowded around the door so I went to see what was going on and Mark was by his vehicle urn, still on the phone and the gentleman who had the gun was sitting on the bench right outside the door. The second bench from the door.

OFFICER FLOOD: Okay and you were still inside at this point?

SARAH DOBENSKY: Yes.

OFFICER FLOOD: All right.

SARAH DOBENSKY: Yes. Um a little while went by and Mark was still outside, no
longer on the phone. My boss had gone outside, come back in, um, and then I believe it was three cop cars were there with like six or eight policemen.

OFFICER FLOOD: Okay.

SARAH DOBENSKY: Um, and at that point they had asked people come inside, and
my boss went out there with um, Dave and Steph I believe and they ended up taking him in I guess.

OFFICER FLOOD: Okay.

SARAH DOBENSKY: I, I didn't really pay much attention after that.

OFFICER FLOOD: All right. Um, great. Um, uh, I just want to, I just want to ask you
again, so um, have you ever, have you ever seen anybody in the pool hall carrying a
gun the way that.

SARAH DOBENSKY: No.

OFFICER FLOOD: That, this, that this man was?

SARAH DOBENSKY: I've never seen anyone carry a gun inside the pool hall.

OFFICER FLOOD: Okay. Um, all right uh, that's great uh, I, you know I think you gave me everything that's good and um, you know is there anything that, that you think you
want to add or is there anything that you know you would, you would change with, with what you just said? Um, any, anything you wanted to take out, you don't think is, is all that true or, or any, any, do you want to make any ch-changes at all to what you just said?

SARAH DOBENSKY: Urn, no I was completely honest, urn, unless you think that I.

OFFICER FLOOD: No, no, no, no I, I'm just, I'm just asking you because we always do at the end, like, Bob, Bobby did the same thing and I just, um, like, like I said you're not here so you can't re-reread, I usually write down what everybody says urn, but uh, I just always ask at the end, I have them read it and I have them you know, I ask them do you want to add, change or take anything out, um.

SARAH DOBENSKY: No but can, can I ask you a question?

OFFICER FLOOD: Sure. Go ahead.

SARAH DOBENSKY: Well I actually, I have two questions.

OFFICER FLOOD: Okay.

SARAH DOBENSKY: Um, one is, is it true that you, you cannot like carry a firearm if
it's showing?


OFFICER FLOOD: The, what the, what the law is now is it's, it's pretty vague urn, and it doesn't specify particularly whether uh, you're supposed to have it concealed or not and um, the, the man last night was basically urn, trying to push the i-issue of because it doesn't say that you know, he wanted to, to make, make a point and to.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: Um, and to show everybody that, that you know, essentially he, he can d-do that.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: Um just because the law says that, that, that it's not, just because the law doesn't say you know you can't, you can't do this, doesn't mean you should. Urn.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: The main point that, that we were trying to get at last night was that urn, what he did whether he was allowed to or not, caused um, a lot of people in there to be ala-alarmed, annoyed, you know, to a, to a sense and.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: Unfortunately that, that is against the law. Just the same as if he
came in yelling you know, drunk and causing a scene.

SARAH DOBENSKY: Yeah, I like (inaudible.)

OFFICER FLOOD: You know he's not allowed to do that, you guys are there playing
pool, you're trying to have a good time and.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: Essentially he came in and caused, and caused a scene. So
that's ...


SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: He was arrested.

SARAH DOBENSKY: Oh. Uh, my that leaves me to my next question is. I, I
understand like seeing that upset a lot of people.

OFFICER FLOOD: Uh-huh.

SARAH DOBENSKY: But there were a bunch of people like I said who didn't even
notice, I hadn't noticed until someone said something to me.

OFFICER FLOOD: Yeah.

SARAH DOBENSKY: Um, the fact that Mark went over there and was so loud and um, made the scene, made it into a huge commotion that made everyone in the pool hall
notice what was going on.


OFFICER FLOOD: Okay.

SARAH DOBENSKY: Um, shouldn't Mark be in trouble as well or no?

OFFICER FLOOD: Uh.

SARAH DOBENSKY: You know what I mean?

OFFICER FLOOD: Yeah,no, I, I understand what you're, you're saying but, that
means the, the point of it all is like what I was trying to tell you, what I was trying to ask you before was that, if this guy had never come in wearing his gun like this, the scene never would have occurred.


SARAH DOBENSKY: That's true.

OFFICER FLOOD: Do you see what I mean?

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: So it's like y-you know, it, it alarmed Mark enough where Mark
might have even felt threatened for, for his life because like you said, you didn't know this guy and you didn't know what he was gonna do with this gun.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: Urn, so like I said, I mean Mark getting loud he probably should
have called us first
um, you know, either way, urn, you know it made, it alarmed p-
people with, with what he was doing. You said you'd never seen anyone carry a gun
like that before in the pool hall and you know, I mean, but let me ask you why do you think, I mean, what did it, what did it look like that this guy was trying to, to do by
carrying his gun like that?

SARAH DOBENSKY: Just prove a point that he could? I don't, it didn't, I don't know,
he wasn't like flaunting it like going up to people and going hey look at my gun, but he wasn't trying to hide it at all.

OFFICER FLOOD: He wasn't trying to hide it, yeah, okay. Urn, yeah that's, that's basically the issue that we have, um.

SARAH DOBENSKY: Okay. I was just curious.

OFFICER FLOOD: Yeah, no, no, no, that's fine, I'm hap-happy to you know, tell you
about it because it's, you're not, I mean if you, you know he had his per-permit and
everything and that's fine, let's say you had yours, I mean would you wear your gun like that and walk into a store or into a church or something?

SARAH DOBENSKY: No.

OFFICER FLOOD: Yeah.

SARAH DOBENSKY: Never.

OFFICER FLOOD: So, so you know, I mean it, like you said, you said he was trying to pr-prove a point um, he even did tell us that, that he was trying to pr-prove a point um, it's just unfortunate that he had to pick that place to prove his point, you know,
interrupt. ..

SARAH DOBENSKY: Yep.

OFFICER FLOOD: P-people's pool games and, and all that so.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: You know it, it, it was what it was and you know, we're just
following up with everyone because he's sort of making a, a big, a big deal of it and uh, complaining to our chief that we, that we took his rights away and all that um, but, we don't believe that, that, that we did and.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: We just, we just had the best, we have the p-public's best in-
interest at heart, you know what I mean? And that guy shouldn't have been there,
shouldn't have, have been causing everyone alarmed like, like that urn, but he was
trying to prove his point and he shouldn't have been doing it there.

SARAH DOBENSKY: Yeah.

OFFICER FLOOD: So.

SARAH DOBENSKY: Um.

OFFICER FLOOD: Um is there anything else that you wanted to ask me?

SARAH DOBENSKY: You, you said he was going to court this week? Or this coming
week?

OFFICER FLOOD: Yeah well it'll be uh, I think we, I think he's gonna be going on the 25[suP]th[/suP], so it's actually next, next week.

SARAH DOBENSKY: Okay. That my, I was curious, I don't know if you can tell me or
not, is he going to court to see if he should go to jail or get a fine or like what is?

OFFICER FLOOD: Um, he's just going to court on the charge that he was arrested for last night, disorderly con, con, conduct um, and that's basically you know what I, what I tel-told you. He wasn't arrested for you know, threatening anybody, he was just arrested for causing annoyance and alarm to people in the p-pool hall.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: Um like my, my point is that um, you know you shouldn't have had
to go through that last night. You shouldn't have to be on the phone with me right now doing all this, you know if he didn't come there and d-do that, then you wouldn't be, be on the phone with me right now. You wouldn't be having to do all this. You, you know what I mean?

SARAH DOBENSKY: Yeah I understand.

OFFICER FLOOD: So. I mean he, he's, he's trying to tell us that you know he
shouldn't have been arrested and all that, but for, we, you know unfortunately we have to prove our point.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: And y-you know, go back and interview everybody and, and just to show that you know, he did enough people called us that were worried about it so we have to go down and take ac-action so.

SARAH DOBENSKY: Uh-huh.

OFFICER FLOOD: That's what we had, we had to do.

SARAH DOBENSKY: Okay.

OFFICER FLOOD: Urn, is there anything else?

SARAH DOBENSKY: Urn, no but I, I hope I helped.

OFFICER FLOOD: Yeah, yeah, no you, you did urn, definitely, definitely a big help urn, I just need to read you one part, it's just the bottom of the, after we give someone a st- statement, they usually read this to themselves, but since you're not urn, here, you're just gonna sw-swear to this over the phone.

SARAH DOBENSKY: Okay.

OFFICER FLOOD: Um, cuz like you, like you said you know, everything you said was
the truth you don't have any reason to lie to me, urn, but I just have to read this to you. Um, do you swear that the statement you just gave is the truth to the best of your know- knowledge. You fully understand that if you make a false statement that is untrue which is to intend to mislead a law enforcement officer in, in the performance of this official fun-function uh you will be in violation of section 53a-157b of the Connecticut General Statutes entitled False Statement. Um, do you understand all that?

SARAH DOBENSKY: Yes I do.

OFFICER FLOOD: Okay so do you swear that everything you just told me was the
truth?

SARAH DOBENSKY: Yes I do.

OFFICER FLOOD: Okay. All right, Sarah thank you so much for taking the time and t-
talking to me on the phone, um, I don't think I have anything else f-for you. If I do, urn, I will give you a call urn, but I don't, I don't think I'll need anything from you anymore.

SARAH DOBENSKY: Okay.

OFFICER FLOOD: All right?

SARAH DOBENSKY: All right well thank you (inaudible.)

OFFICER FLOOD: Okay thank you.

SARAH DOBENSKY: You're welcome.

OFFICER FLOOD: All right bye bye.

SARAH DOBENSKY: Bye.


Link to PDF Copy: http://www.ctgunrights.com/00.Docs/Yale%20Billards%20PDF0001.pdf
 

GoldCoaster

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Very interesting reading Ed. Looks like young Sarah has a bit of an enquiring mind and asked the very question You or I would have asked and saw a bit of a tap-dance around the point from the cop.

Sounds like Mark is a loud obnoxious A/H most of the time and he was extra loud and extra A/H-ish that night and yet it's the guy minding his business that is the bad guy. Very interesting.

He's making a big deal with the chief saying we took away his rights - yes and you did, and you're lucky so far in that it hasn't wound up in a federal court for deprivation of those rights.

As always thanks for digging this up, and posting it.
 

cbnlnk121

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Very good read Ed. I hope I never have to go though any of that while CC or OC'ing.

You know, I used to play in the APA of CT and we had to play pool at Yale Billiards.

Each and every time I went there I wanted to leave ASAP. My team felt the same way. Most of the people somehow would just rub us the wrong way. For some reason they would always say we cheated and get really heated really easy.

That's not the way to play a friendly game. So this whole issue doesn't surprize me at all. I no longer go there or play pool and don't think I will now that I carry.
 

Rich B

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I have to point out that Sarah's statement is the one statement I have seen in this case that I cannot really call out any misinformations or lies. She is actually quite honest and even goes so far as to call question into why I was arrested and why Mr. Vanaman was not.

I cannot say the same for Ofc. Flood's part of this transcript. Clearly he had an agenda knowing that I was going to press the issue and that he was being investigated. Remember that my arrest was on the night of 5/16. I made a formal complaint of wrongful arrest the morning of 5/17. The statement was taken later on 5/17, and he acknowledges his further investigation is because of my complaint.
 

Rich B

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Now compare Sarah's statement transcript to Officer Flood's official 'summary' of the statement. Remember, only the summary was admitted as evidence against me to the court, not the actual transcript. Wallingford PD gave me a lot of trouble about obtaining that transcript. I think we can all see why.

Summary of Dobensky's Statement:



Dobensky stated that she opened Yale Billiards on 5/16/1 0 at approximately 4:50 P.M. She reported that between 5:30 and 6:30 a bigger white male wearing brown shorts, a blue T-shirt tucked into his shorts, and his hair in a pony tail came in. She then overheard Dave Zaborowski say, "Does that guy have a gun." She looked over and noticed the male with the brown shorts and blue T-shirt had a gun on his hip in an orange colored holster fully exposed. She also noticed that he had two extra clips near his back. She stated that she had never seen this man before, she felt nervous, and uncomfortable especially because there was a man and a young kid playing pool right next to the man with the gun. She asked her boss, Robert Hilton if he would go and speak to the man with the gun because she felt uncomfortable.



She explained that Hilton went over to speak with the man with the gun then began walking away, when another patron, named Mark Vanaman approached the man. Dobensky explained that Vanaman told the man with the gun that he was not allowed to carry a gun like that not concealed and that he was calling the police. She noticed that just after this, that the two tables next to the man with the gun picked up their things and left the establishment suddenly. Hilton then walked back over to the man with the gun and asked him to leave. Shortly after, the man packed up his things and went outside and sat on a bench outside the establishment.

Notice a few inconsistencies and omissions?
 

Rich B

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I wonder what Sarah would have to say about Mark Vanaman's statement in comparison to her statement?

Summary of Vanaman's Statement:



Vanaman explained that on 5/16/10 at 6:00 P.M. he went to Yale Billiards located at 950 Yale Avenue, Wallingford to play in a pool league that he is in. (Statement reads 5/17/1 0, should read 5/16/10.)



Shortly after 7:00 P.M. he noticed about four tables away there was a white male approximately 5'7" to 5'8" tall, approximately 250 pounds with a mustache, goatee, and wearing his hair in a pony tail. He noticed the male was wearing a gun on his right hip in a holster and two extra clips on his belt. He watched the owner Robert Hilton speak to the man with the gun then walk away. He then approached the male and asked him if he was going to cover his gun up. The male asked Vanaman if he was a police officer and he replied that he was a concerned citizen. The male with the gun then said, "Then get the @#$% away from me." Vanaman told the man that he was going to call the police if e did not cover his weapon. The man with the gun replied, "Good that's what I want you to do." Vanaman explained that he has had a valid Connecticut Pistol Permit for the past 24 years, but was not carrying a firearm on 5/16/10 while he was in the pool hall. He also explained that he has been a Bail Enforcement Agent for the past 8 years and that he has never seen anyone carry their weapon in the open like this man was doing.



Vanaman explained that he became very concerned for the safety of himself and others in the pool hall because in his opinion this was not normal behavior. He also felt threatened by the man's actions because he did not know him or what he was going to do with his weapon. Vanaman went outside, about 75 feet away from the establishment, called the police, and waited there until they arrived.

Her recollection of the facts coincide with what anyone else will say about the incident, but Mr. Vanaman's statement doesn't match anyone else's account.

  • Why has Mr. Vanaman not been charged with lying on a sworn statement?

    Why was Mr. Vanaman not also arrested as Sarah asks of Officer Flood since as she points out, he caused the incident?

    Why has Officer Flood chosen to ignore all evidence in his summary to the court that Mr. Vanaman caused the incident with his loud and threatening behavior?

    Why was this transcript not given to the court to be in my casefile?

    Why did Wallingford fight so hard to not allow me to have this transcript despite me already knowing the identity (through the case files I obtained from the court) of all witnesses?
 

Rich B

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Edward Peruta wrote:
OFFICER FLOOD: So. I mean he, he's, he's trying to tell us that you know he
shouldn't have been arrested and all that, but for, we, you know unfortunately we have to prove our point.

What point does Wallingford PD need to prove? That they can arrest any law abiding citizen they want if they are carrying a firearm?

If they mean they have to prove the disorderly conduct charge, why does Officer Flood feel it is unfortunate that he has to prove beyond a reasonable doubt that I committed a crime? Does he not understand burden of proof?

OFFICER FLOOD: And y-you know, go back and interview everybody and, and just to show that you know, he did enough people called us that were worried about it so we have to go down and take ac-action so.

Who is Officer Flood trying to justify his actions to? All through this transcript he is trying to justify my arrest to Sarah who doesn't seem to understand why I was arrested, especially when Officer Flood cannot even explain (although he purposely tries to cloud the facts) that what I did was illegal.

OFFICER FLOOD: That's what we had, we had to do.

For who? The owner and the employees don't seem to have an actual problem with me, only a concern about the legality of OC which was being quietly and politely handled by me and the owner. Who was the victim of me quietly playing pool?

OFFICER FLOOD: Um, cuz like you, like you said you know, everything you said was
the truth you don't have any reason to lie to me, urn, but I just have to read this to you. Um, do you swear that the statement you just gave is the truth to the best of your know- knowledge. You fully understand that if you make a false statement that is untrue which is to intend to mislead a law enforcement officer in, in the performance of this official fun-function uh you will be in violation of section 53a-157b of the Connecticut General Statutes entitled False Statement. Um, do you understand all that?

Like Mr. Vanaman did? Why even mention the statute if you refuse to pursue charges on anyone who violates it?
 

Rich B

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SARAH DOBENSKY: And then at that time my boss had asked him politely to leave.

I assume she means Mr. Vanaman was asked to leave. I was never asked to leave. I told Mr. Hilton I planned to leave before he said a word to me after Mr. Vanaham's verbal assault.

I notice Officer Flood had no interest in clarifying this though.
 

GoldCoaster

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Officer Flood knows he faces a potential fiscal nightmare if you were to pursue a rights complaint against him. He's attempting to cover his butt as quickly and effectively as he can. It's standard behavior I would think.
 

ESCH

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You NEED to sue these people at this point. They deserve to be sued.
 
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