GNS- Free to write this part 2
Dear Open Salonners,
I had a very enlightening yet painful discovery last week. The sham bogus hoax appeals decision is the reason I have not had an easy time getting the
"civil rememedies" that the judge in my trial suggested I seek. I spoke to a lawyer ,and this is what he told me, and I think he's right.
"civil rememedies" that the judge in my trial suggested I seek. I spoke to a lawyer ,and this is what he told me, and I think he's right.
Hard to get into how I was jailed for no legal basis while the oral hearing was set to take place. I know that Allison Sievers of Lavely and Singer and John Gregozek are behind that but it all sounds so unbelievable when one is sane. The appeals posts have been getting hits daily and so this is some attempt to get the jury of my peers to see it - as that right was denied me. Also, I'm having a PM correspondence with a lovely new OSer and it's driving me crazy what they did with my name, and what a collossal lie is being passed off as truth. If this doesn't get a comment or a rate I still won't regret it - as it will get read - Desperate times etc.
Also, there is a good chance I could end up like Montalvo(see below) and so I like to feel as if at least one witness will one day step forward and wonder if Fernsy's death was really accidental. Hmmm. ummm. oh.
My sister did this - she is convinced this is the best way to present it. Questions or comments very appreciated but not expected.
From Appeals decision posted online:
Both Notaro and Spitzberg are performers at comedy clubs. On May 5, 2008, Notaro filed a petition for a restraining order to stop harassment by Spitzberg. The petition, supported by Notaro's declaration, sought protection for Notaro and three friends who lived with her. On May 5, 2008, the trial court issued a temporary restraining order against Spitzberg and an order to show cause setting the matter for a hearing on May 28, 2008. Spitzberg filed an answer on May 27, 2008. Her answer responded in detail to the allegations of the petition. The petition and answer provided the following information:
In August 2007, Notaro and Willen were in a café having coffee when Spitzberg approached their table and began to yell insults at them, "including `fucking dyke,' `ugly,' `cunt,' and `bitch.'" They ignored Spitzberg, who followed them outside, became more belligerent, and "shoved/pushed" Notaro. Spitzberg denied pushing Notaro. Who are the three “friends’ Notaro lists
Comedians named Tom Sharpe, Christopher Fairbainks and Kjell Bjorgen?
Who are they?
Three strangers that Notaro put on both the temporary order and permanent order- as living with her.
Why would she put them as protected people on this order?
Because, under penalty of perjury. she says they all live with her.
Did they live with her then, or since this order was granted by the dishonorable Judge Gerald Rosenberg.
No. They didn't live with her, and 2 of them, for sure, never did.
Did anyone of these men testify in any subsequent hearing and were they even mentioned?
Did the public defender’s investigator or the private lawyers Spitzbergs had to hire ever make any effort to confirm this?
Only the lord knows, but it does seem relevant that she is lying about such a thing.
Why would Notaro lie about something like that?
There’s the problem. So much she will do is senseless and bizarre. How can you explain malicious insanity? Yet the threat management unit, and the city ,and then then the D.A --did her bidding as if she was Queen Elizabeth..
Is Notaro so rich and famous that she commands such treatment?
No. It’s all due to Nick Kroll's connections and phone calls. He got her Lavely and Singer and they and Kroll have an unholy alliance with Gregozek of the Threat Management unit. It’s a mess up that led to an actual cover up, and then an actual criminal and civil conspiracy. I was not a conspiracy buff, and am not still, but conspiracies do happen.
The other detectives will try their very best to disconnect from this case, from the start. Ample evidence available that Gregozek was retaliating for the internal affairs complaint made in December 22nd 2008 against him for lying in reports and his flagrant failure to investigate. He and the other TMU cops knew early on ,and they still let this happen.
Sam C. Who is he?
He worked and still works at the Tsumani coffee house in Silverlake, CA.(café mentioned in the appellate decision.)
Did he work on August 29th 2007 the night Notaro alleges a major scene of verbal tirades and physical violence( shove/push) took place?
Why is he important?
Because he is a “witness’ to the only alleged incident of violence- that is the basis for the appellate decision- and then many other terrible decisions that will lead to epic amounts of damages. He was right there in a tiny place and Notaro will keep changing her story -but she will maintain all the way to trial- that a huge spectacle happened that night. Stephanie Willen will completely change up the story too, but she will keep repeating this lie till the bitter end. She since has gotten jobs from this Tig and has been rewarded with trips, jobs, and gifts for her lies. The appeal court will write that Notaro and others testified to this physical violence. But, that is not true. Even Willen doesn’t lie about that in a court of law. Though she will lie about it to police and then to Martin Boags and Katie Ford when it is proceeding to trial.
When did Spitzberg seek Sam C. out and why?
In October of 2008 - to void the order and prove it was a fraud, as she was ruined in the comedy world for no valid reason .She found out that Notaro was even crazier and more evil than first imagined.
Did Judge Rosenberg allow her legal right to set aside the order if it was based on Fraud?
No. He is corrupt. Truly, corrupt. Many L.A judges are.
Would Sam testify for the defense in a court of law under penalty of perjury
Yes, according to the Public defender representing me at trial- he was ready to do so with enthusiasm.
What does he say occurred on August 29th 2007?
That there was no activity or fight or violence at all .
When was he scheduled to testify for the defense?
Sometime in March 2010
Did the police or the prosecution ever try talk to Sam C. from April 30th 2008 till March 2010?
Did Spitzberg mention his presence that night and that he was a witness. And, if so when? Did she give them his affidavit and his statement to the investigator?
Yes, Over and over again. Spitzberg told John Gregozek and Hoffman in May of 2008, Jeffrey Dunn in February of 2009 , Jennifer Waxler, city attorney via email and motions on March 25th 2009
Felise Kalpakian and Waxler on August 12th 2009 Martin Boags on September 11th 2009
Many Judges throughout(show transcripts)
The public defender told Katie Ford in March of 2010 if she didn’t already know – which she had to.
Was it easy to get a hold of Sam C?
Was there an oral hearing for this Appeal?
There was once scheduled for November 16th 2009, but the raid and the false arrest and the false jailing made that impossible to attend and three days later the ruling that was obtained by fraud, was mysteriously posted online.
Did the threat management come and arrest Spitzberg and keep her jailed for 31 days while this hearing was to take place on November 16th 2009?
Were there any charges or any probable cause to ever arrest or try Spitzberg?
Is that an objective opinion?
Yes. This is not in dispute. This was done strictly so Spitzberg gets scared, and isn’t able to sue them for the non stop mistakes, omissions, malice, negligence that she uncovered. Spitzberg can and will sue for millions and they know it.
Is this alleged incidence of violence used in bad faith throughout the 2 year malicious prosecution?
YES and to allow true barbarity to occur.
Did Spitzberg file an answer?
Yes. It was over 30 pages long and conclusively showed that Notaro was a liar who was lying about everything . This answer was UTTERLY disregarded by Judge Gerald Rosenberg, and then by this Appeals Court. There really is something very very wrong with these judges here -because they will say later in this “opinion” that I testified extensively. I did not testify at all because the judge didn’t let me. He would not let me do anything and decided it based on only Notaro and her lying witnesses testimony. He illegally had my witness removed.
I don’t know why these judges are actually lying here. I’ll assume they were bamboozled by Sievers and Gregozek or something. But, they make too many untrue statements for it to be understandable. There is no mention of how this Threat Management unit is involved or how none of their reports(that show up later) are filed. This is a major omission considering the facts.
On the evening of April 7, 2008, after Notaro performed at Largo, Spitzberg approached her and asked Notaro if she remembered her. Notaro said that she remembered meeting her and that Spitzberg had been aggressive and had pushed her. Notaro then said she did not want to talk to Spitzberg and told Spitzberg to leave her alone. Spitzberg became enraged. Notaro was fearful that the situation would escalate and had Michael Griffee, the doorman at Largo, escort Spitzberg out of the club.
Who is Heidi F?
Tig Notaro’s “brand” new agent who came for the first time to see Tig notaro’s show on April 7th , according to Notaro.
Why is she important?
She was talking to Notaro during all versions of the alleged Verbal attacks that Notaro says occurred ,on the night that Gregozek describes as the night Spitzberg made verbal threats to Notaro. Notaro changes what was said or done by Spitzberg in every version but she keeps putting this agent as an eyewitness and in some version I am screaming and cursing and standing over her and not letting her go and it goes on.
According to Heidi, What did Notaro tell her about Spitzberg on April 7th 2008
b) She stated that Notaro told her on April 7th 2008 , that Spitzberg had been stalking her for a long time, and she was getting a restraining order against her.
What did Notaro say in an affidavit for the Civil Suit much later on.
Notaro never saw or knew or heard about Spitzberg and had no contact with her in the 9 months since August 29th 2007 in Tsunami till seeing her and having her removed on Apiril 7th 2008
What is the truth?
Spitzberg and Notaro had nothing to do with eachother. But, Notaro has created a fantasy world, perhaps, where Spitzberg is playing some role.
On May 5th 2008, Did Notaro put Heidi down as a witness on the Temp restraining order forms.
Did Heidi come to testify at the hearing on May 28th 2008
Did any of the witnesses she listed on those paper and in her affidavit show up?
Who did show up?
Wannabe comedians and a lowlife liar who thought Notaro would be a good friend to have.
Did Notaro’s witnesses get rewarded for their perjury?
Yes. All of them
Did Spitzberg tell the police, and prosecution about Heidi F. and how she was a witness?
Yes.Repeatedly(show all instances)
How is that proven?
By Spector, emails to hoffman, dunn, Gregozek, letters to Waxler and Boags and in the transcripts of many hearings – specifically to Judge Martinez- show
Did the police or prosecution ever contact Ms. Feigin from April 30th 2008 till March 23rd 2010?
Is it easy to get ahold of Ms. Feigin?
Did Hunter Seidman, Notaro’s manager, call Ms. Feigin in early 2010 to ask her why she was going to “testify for the other side?’
Did Public Defender, Alissa M, witness this witness intimidation?
Was Heidi Feigin willing to testify for the defense at trial?
Yes. All the witnesses stepped up to the plate.
What would she say?
That Notaro lied, and none of what she alleged that evening was remotely true.
Why doesn’t she end up coming to testify?
The judge couldn’t let anything to do with that order in. The pressure from the police and prosecutors on him , and the fact that a fortune was already spent on this. If I wasn’t exonerated I’d have to appeal because this was very very unfair.
I was not given the opportunity to show what criminally culpable liars Notaro, Willen, Gregozek and the rest were, and are.
Did this appeals court have that information when writing up this ...?
Notaro performed again at Largo on April 12, 2008. When Notaro was standing outside the club talking to the owner, she saw Spitzberg and her sister running toward her. Notaro ran inside before they could make physical contact with her. The owner did not let Spitzberg inside the club and called the police. Spitzberg and her sister went to the club's back door, where they verbally abused the owner and the doorman and yelled, "`We're going to get that fucking dyke.'" Spitzberg left the club before the police officers arrived. According to Spitzberg, Largo's owner and another man at the back door were abusive to her and her sister, and they returned their insults. Spitzberg denied screaming or using obscenities.
Who is Julius R?
Julius is a bouncer that works at the Dime bar and was standing right there where the alleged “crimes’ took place on April 12th 2008.
Why is he important?
He is a witnesses to the rampage alleged by Mathilde Notaro that lasted an hour and a half outside of Largo. He also can attest to whether the police came that night.
Has Julius ever met The Spitzbergs before that night?
Did he speak to the Spitzberg sisters that night, and if so what did he say about that?
They are good people to talk to and everything that woman(Notaro) said is a a lie.
What is Julius’s R’s day job?
A parole officer.
When is his presence first mentioned.
On May 7th 2008 when Spitzberg tells John Gregozek and James Hoffman that she talked to a Bouncer for awhile, and how he is one of many witnesses that can show that Notaro is lying.
IS Julius R mentioned throughout the prosecution of Spitzberg
Yes Spitzberg tells everyone to talk to these Witnesses. She tells Gregozek, Spector, Waxler, Hoffman, Dunn, Sgt Angela Lucie, Martin Boags, Ford, To FBI agents and to many claiming to work for Internal affairs( because Spitzberg put in a complaint against Gregozek for failing to investigate and filing false affidavits on December 22nd 2008 and on March 11th 2009.)
What does Gregozek, Hoffman, Defoe, and Dunn say at various times about being told to please talk to the witnesses or get the videotape made by a comedian on the Night of Apirl 7th?
“This is not a murder. “ “This is too small for us. “. “We are not going to go to a coffee shop to interview witnesses. “Get over it” “ Just get a restraining order on her”
Did any police or prosecutor ever interview or even call Julius over the almost two years they knew about him?
In March 2010 when trial was set did the Public defender contact Julius?
Did he agree to come into court, and be interviewed by both my public defender and the prosecutor?
Did he come into court?
Yes. In early March of 2010.
What did he say and what was he willing to say under oath at trial?
None of what was alleged by any of Notaro, or her witnesses , happened , and they were all liars.
Was He on call for the defense for the “ month of March.”
Does Julius ever get to testify for the defense?
No- same for all these witnesses.
Why? Because now after adding 7 charges and having to drop 4 the prosecution is passionately trying to keep anything about the fraudulent restaining order out. Though by law, one must be able to “collaterally attack” such an order, if a criminal charges is based on it. This doesn’t happen because the prosecution has messed up so badly . Still they manage to get the judge to rule that nothing pre May 2008 come in. The trial was a void trial as it was went on despite a million things that by law would make it a nullity. But, it kept going and though the prosecution LOST big I was not able to do what I should have, by law, been able to do.
Does Katie Ford , Los Angeles City attorney, disregard all the evidence to show that Notaro is a fraud and the worst kind of liar? Yes. She shamelessly writes a trial brief full of lies and she leaves in the lies that she now cannot deny she knows are complete lies. She know for sure knows not only that this witnesses exist but that they are unbiased witnesses and that Notaro is out of her mind and Gregozek is dirty.
The police AKA the LAPD on the night of April 12th 2008
Were police called on the night of April 12 2008
According to the five versions given by Notaro over 2 years, YES.
The appeals court also says this happened, and so does a vile Judge named Elizabeth Grimes- when she throws out a valid lawsuit based on the police coming on this night.
The appeals court takes this a true even though on September 14 I2009 Martin Boags, city attorney, gets back documents that show this was all a lie. Still, a month later, Sievers knowingly lies in her reply brief and she is in trouble as this Allison Sievers has done a good 100 things by this point that will get her disbarred, and held civilly liable.
Do Notaro’s witnesses back up her story that the Police came and that they saw the police that night?
When did the police arrive according to Notaro?
11 P.M after being called by Mark Flanagan at 9:30 P.M
Did the police have contact with the Spitzbergs when they arrived?
No, because according to Gregozek, Notaro and the witnesses( she wrangled up to get her restraining order- )“ The Spitzbergs had left or were “long gone.” by the time these police arrived.
Was a 911 call made by either Flanagan or Griffee?
According to Notaro and them- Yes.
Was a report made that night- either an official or an incident report?
You’d think. But no no report or incidence number was made and Julius said that no police ever came.
Did Gregozek or any other member of the Elite Threat Management Unit, over the course of the two years, ever try to interview these fellow cops, or get records of this incident. Did any prosecutor trying this case ever try to get these records from April 12th 2008?
No on Gregozek or any of that Unit. Gregozek is a dirty cop, and a consummate liar... just a miserable thug who's power to destory lives is something that should concern many people. The resat of his "team" wanted nothing to do with this case early on. Much evidence to indicate their rejection of Notaro and this case early on.
Yes on the prosecutors. On Septmember 10th 2009( A YEAR AND A WEEK AFTER THEY FILE THE CHARGE) when the competency ploy hits a bump, Martin Boags finally requests this information.
On September 10 of 2009, a year after the charge is filed, does the prosecutor, Martin Boags, send a rush order to the Records department of the LAPD to obtain all records pertaining to this “Crime,” on April 12th 2008.
Did the police rush back records on September 14th 2009?
What did these records say?
There is absolutely no records related to this date and place and time etc.
No 911 calls, no cops coming. Never happened.
Did the Threat Management Unit have these records in their possession?
Not according to discovery. Only Boags, a year and a month after the charge is filed decides to check on this. When he finds out it's a lie the comptency ploy is born.
On March 4 2010( 7 months after having it confirmed that no police were called and they were lying ) does the prosecutor, Katie the fraud Ford, say that the police were called and arrived that night, in her trial brief.
Yes. She says it as if it is a fact- despite there being no doubt that it's a lie and her knowing it.
Was this information buried while Spitzberg and her family went through 2 years of a malicious prosecution, including a barbaric competency ploy, 7 illegal and needless search warrants, and then a month of jail -without any charges?
All exculpatory information was buried in this case and there had to be PLENTY. The Threat Managemet Unit is supposed to keep very detailed files and yet they produced nothing, but acts of retaliation, for an internal affairs complaint made after months of dealing with the realization that Gregozek and company were working for Lavely and Singer in this case. Lavely and Singer and them go way back and they thought we were poor and powerless and they could get away with it.
From the appeals decision:
On April 29, 2008, Notaro was driving to perform a show at the Hollywood Improv club when the promoter called her to inform her that Spitzberg had been removed from the club. When Notaro arrived, she saw Spitzberg outside the club, talking to people. Notaro entered the club through a side door. The security guard for the Improv club, Brian Whitaker, told Notaro that Spitzberg said that she knew where Notaro lived, the color and make of Notaro's car, and the car's license plate number. Spitzberg, her mother, and her sister remained outside the front of the club and verbally attacked other performers, patrons, and security guards for over two hours. Notaro attempted to leave the club, but because she felt unsafe, she remained in the club. The police were called, but they were unable to take any action because Notaro's life had not been directly threatened. After the Spitzbergs left, Notaro went home.
Did Notaro get a phone call before arriving at the Hollywood Improv?
According to her- yes.
Who made this phone call to her?
In the police report the manager of the Improv calls her.. In the affidavit, Notaro says that a promoter named Lesley Wolf called her , then she says to the investigator for the public defender that “Management called her.”Then she say to Boags that a friend called her.
Did Gregozek or any of his "partners' ever try to question Lesley Wolf, or the managers or the promoters or the friend (all Notaro versions of the same phone call) who according to the affidavit to obtain the restraining order called her that evening.
No. Gregozek and the prosecution never tried to interview anyone.
Did Spitzberg try to find this person whomever they may be.
Is there a side door at the Hollywood Improv and does the appellate decision leave out the fact that Notaro says in her court documents they have in front of them -- that a sherrif by coincidence-- was there, and helped her sneak into a side door where she then watched “it all from a small window.”
No, there is no side door at the Hollywood Improv. There is also no small window- where she could witness that area outside the club. And the sherrif situation comes later.
Who are Officer Jaqueline Montalvo and Badar?
They are patrol officers that were called by Reeta Piazza (on orders of Notaro) to the Improv comedy club on April 29th 2008.
Did officer Montalvo, interview Notaro on the night of April 29th 2008 ?
Yes. For a good while.She is the only police in this whole 2 year ordeal who will ever interview the putrid Tig Mathilde Notaro.
Did Montalvo and Badar tell the Spitzbergs to go home because no crime was committed?
Did Alisa Spitzberg try to track them down all through this 2 year period?
Yes, many times.
How can she prove that?
By emails to the TMU, letter to a lawyer, and by what she found out at the police station when she went again to find out if she could talk to these officers.
Did the TMU’s Gregozek or his ,come and go partner, Hoffman, ever try to talk to Montalvo and Badar.
How long did it take for the prosecutors to find them?
They are first mentioned by name by Notaro in December of 2009, according to a statement taken by Martin Boags, Los Angeles city attorney. Boags will be the only one who makes any investigation. But, he will soon discover that this invesigation is unearthing only evidence that is grounds for a dismissal and a huge check to the Spitzbergs and a huge huge apology. But, that's not what corrupt city attornies do.
As of January 21st 2010 where Montalvo and Badar placed on the Prosecution’s witness list?
On February 22nd 2010 was Officer Jaqueline Montalvo called to court .
On behalf of who was Montalvo going to testify?
Was Montalvo on call to testify for the defense at trial?
Did Montalvo lose her life in a mysterious car accident on February 25th 2010?
Is that a coincidence?
Sure, I guess.hmmm. sigh. goosebumps.
Did the prosecution drop 4 charges right after Officer Montalvo came in to tell the public defender that she was a witness for the defense?
Did they change prosecutors immediately after Ms. Montalvo came to court?
Yes. Waxler was already taken off the case for one would guess- too obvous misconduct. Then, Boags was gone, and now Katie Fraud was on the case. And, when she lost she would tell the jury that they dropped four charges to streamline the case -so as not to take up more time for the jury- and that the judge dismissed the case because of money and it would cost too much.
She must be disbarred.
April 29th 2008- The sheriff
Who is he?
According to Notaro he was there to witness everything and helped her sneak into a side door.
Did anyone ever get a hold of this Sherrif that Notaro mentions in the affidavit to get the restraining order. No
Did Spitzberg try to get a hold of this Sherriff after hearing about this?
Yes. But, she was stonewalled on every occasion where she sought help from law enforcement.
Did the TMU ,who were “investigating” this case ever try to talk to this Sherriff?
No. They never tried to talk to anyone according to discovery and files. But, in the end they spend a fortune on 7 illegal search warrants , extremely expensive comptency ploys, 30 days of illegal incarceration, and all these goons caused a needless baseless farcical 12 day trial.
They lost at trial - which is truly huge- because they had a malicous army and I had no one. truly. on my side.
Looong fascinating chapter of the story- the lawyers I had throughout.
I was even denied my chance to impeach the witnesses ,and yet they still lost. Huge, I'm told. HUGE.
But, a very hollow victory, and too much work must be done to make things right.
Why didn’t the sheriff do anything to help Notaro that night- and Why call the police when Notaro say the sherrif is there already and on the case?
I guess according to Notaro the Sheriff needed backup.
Why didn't he come to testify or even call Gregozek ,after Montalvo and Badar weren't going to testify for "their side?
Because the Sherrif doesn’t exist, people.