It is a coin flip whether the Iron Order Motorcycle Club will have to defend itself in court in Philadelphia starting Monday.
The case is titled Brenda L. Bollinger, Administratrix of the Estate of Tonya L. Focht, deceased versus Iron Order Motorcycle Club et al. Most readers are aware that although most guys call me Rebel my name is Donald Charles Davis, I publish books as Donald Charles Davis, one of them, titled Twilight of the Outlaws is largely about the Iron Order, and for the last year or so I have been a consulting expert for the estate of Tonya Focht. The estate is currently, and for as long as I have been involved with the case has been, represented by a Philadelphia lawyer named Slade McLaughlin. A second consulting expert for the complainant is Ray “Izod” Lubesky who is previous president of the Iron Order.
During the last three weeks the Iron Order and its attorneys have taken extraordinary steps to disqualify both McLaughlin and I from the case and to convince Lubesky to drop out of the case.
The Iron Order and or its lawyers hacked either McLaughlin’s email account or mine and used hacked emails between McLaughlin and I to substantiate a claim that McLaughlin should be disqualified from the case.
The motion, filed on May 29, is 154 pages long. Among very many other things the Iron Order’s current attorney, Brian Grady, accuses McLaughlin of making the following rude statements to John C. Whitfield. Whitfield is an Iron Order member and former Iron Order attorney in the case.
“Tee it up, John. You’re not in Trump Country here in Philly. Very few rednecks in these parts… but you’ll find that out for yourself soon enough. I chuckle to myself when I see how you’ll play before a Philly jury. Wear your confederate flag for all I care.”
“John, I did get a laugh out of your email…the whining about me calling you names. Jeez man. You really ARE as big baby. And a tattle-tale to boot. Even making up stories about me. That’s a new one. I thought you motorcycle guys had some coda not to rat or to make stuff up to discredit someone…I guess you’re not one of those type of upstanding guys. I bet the kids in high school picked on you mercilessly, and that’s why you’re so ‘sensitive’ o being put down, even if it is just name calling. John, sorry if I hurt your little feelings. I’ll try to be nicer next time, and not call you names. Now go back to your sandbox and play.”
Another reason to disqualify McLaughlin, according to Grady is that “McLaughlin is also attempting to use his ‘expert.’ who will also be the subject of a motion to preclude for lack of qualifications, expertise, relevant testimony and impartiality, to formulate the media story line and testimony that he desires, and to improperly influence and inflame the jury pool by disseminating untruthful information via the internet. McLaughlin is acting as the behind the scenes puppet master for his expert, Charles Robert Davis a/k/a The Aging Rebel (http://www.agingrebel.com), – feeding him false information and speculation to be published on the ‘expert’s’ blog. This is clearly intended to misuse the media to try gain an unfair and undeserved advantage at trial. It is further grounds for disqualification.”
Grady then cites stories published here and portions of the hacked emails.
For example, after a story titled “Iron Order S.O.S.” about Iron Order president Patrick “Brit” Ward soliciting funds from the club’s members to pay the club’s legal bills, Grady cites a hacked and privileged email in which McLaughlin wrote:
“Hey Rebel, I read your article below, I DOUBT that Blackman is the lawyer Whitfield wants to retain to represent the club at trial. In my opinion, Blackman is not qualified to try a case, and looks like a frumpy nerd. He’s 66 years old. Below is a picture of him. Need I say more?
“The $65,000 in back legal fees is likely money owed to Howard Levin, the Philadelphia lawyer whom the Iron Order retained to represent Tim Martin (yes, the Iron Order HIRED a separate lawyer to represent Martin so that he would have his own personal attorney, and the Iron Order was paying ALL of Martin’s BIG legal bills). However, Levin’s charges near the end of the discovery period in the case got so large that the Iron Order could no longer afford to pay them, so they fired Levin, leaving Martin with no lawyer. Martin is currently acting pro se (that is…he is HIS OWN Attorney). What a joke. However, Whitfield MAY be trying to bring Levin back into the case (his review time of thousands of pages of documents would not be all that much because he was involved in most of the discovery conducted in the case). I think the Iron Order hiring Levin would be a clear conflict of interest since Levin previously represented Martin, and would now be representing Iron Order defendants (but not Martin). BEST DEFENSE of the Iron Order defendants would be to blame Martin for this whole debacle. We’ll have to see how this all goes down, but my thought is that the Iron Order is in major trouble here. The more the members know about their hard-earned dollars being used to defend a child molester, the more they are going to revolt and tell Whitfield, Brit and Cgar to go pound sand!!!! Time will tell.”
For the record, The Aging Rebel uses numerous informed sources and those sources include attorneys. Those sources are not named unless the source gives explicit permission to be named. During the last ten years,no one has ever hacked either The Aging Rebel email account nor the source’s email account. Only the Iron Order has done this.
The motion Grady promised in his hacked email motion. To “preclude” me “for lack of qualifications, expertise, relevant testimony and impartiality,” was filed by an attorney named Daniel J. Rucket on June 7. That motion including attachments is 52 pages long.
“Donald Charles Davis (‘Davis’) is the author of the online web log (‘blog’) called “The Aging Rebel” (the ‘Rebel’). The Rebel is an internet motorcycle blog where Davis writes various articles about motorcycle clubs and related material with seemingly no sense of fact checking or censorship of explicit, crude, vulgar, or disparaging material,” the motion states.
“For example, in an article entitled, ‘Inside the Iron Order’ written and posted on October 2, 2013, Davis insults the 10MC by questioning their toughness during confrontations when compared to other motorcycle clubs, and questions whether the IOMC is ‘parody’ with respect to the motorcycle club community.”
“On June 18, 2014, Davis posted an article entitled, ‘Did the Iron Order Do It Again,’ which insulted its members stating, ‘It may simply be that the club attracts men who are flamboyantly neurotic, as Richard Sherman and Perez Hilton are flamboyantly gay.’”
“Between June 27, 2014 and September 23, 2014, Davis posted multiple articles describing and following a ‘murder’ allegedly committed by a prospective IOMC member in Jacksonville Beach, Florida. Davis vigorously attacked the IOMC for instigating the altercation which led to the ‘murder’ and that the Florida police investigating the death were corrupt and aiding the IOMC.”
“However, the ‘murder’ was not a murder at all. The Florida court determined that the prospective IOMC member acted in self-defense after he was attacked by members of an Outlaw Motorcycle Gang.”
The murder victim was a member of the Black Pistons Motorcycle Club named Zahariah Tipton. As a matter of provable fact, the case never went to court which was the point all along. Iron Order Officer John Whitfield provably washed and spun dried the police investigation. Evidence was shared with the Iron Order but the state attorney waited almost four months to announce the decision not to prosecute the prospect even though the decision was made the night of the killing.
Tipton punched the prospect in the nose and knocked him down. As Tipton was walking away, after the prospect wet himself, the prospect pulled a gun and fired four shots. One shot fatally wounded Tipton.
There were two key legal questions about the incident. First, did the prospect suffer great bodily harm. The state attorney, Angela Corey ignored well established case law and ruled that the punch in the nose constituted great bodily harm. It was the exact opposite of what Corey thought in a more famous case in which a man named George Zimmerman shot and killed a black teenager named Trayvon Martin. The second legal issue is whether Tipton was assaulting the prospect when the prospect killed him or if Tipton was walking away. If Tipton was walking away, it was murder.
“Davis even had the nerve to double-down on his complete inaccuracies of the Jacksonville Beach case, when he wrote in his ‘expert report’ dated October 2, 2017, that the IOMC instigated the fight and the decedent ‘was already backing away from his killer’ when the prospective IOMC member shot him. Clearly, these facts, as Davis so badly wants the public to believe, have been proved and found to be false by the Florida court,” Rucket fatuously states. He doesn’t name the court.
“The articles and information contained on Davis’s blog is ‘knowledge’ that anyone can have or obtain by simply searching Google.”
“Davis is simply an unprofessional, vulgar, and disparaging blogger, which anyone with an internet connection can be, that discusses motorcycle clubs at his leisure.”
This morning McLaughlin filed a 302-page motion for sanctions. He moved that a hearing be held “to further explore the two issues raised in Plaintiff s Motion: 1. Death Threats made to Plaintiffs Expert, Ray Lubesky; and 2. Confidential Communications of Plaintiffs counsel that have, without explanation or justification, come into the hands of, and have been used in this case by, counsel for the Iron Order Motorcycle Club.”
“Ray Lubesky, received death threats regarding his anticipated testimony at this trial,” the motion states.
The judge in the case, John M. Younge, may have time to consider and rule on these motions by Monday or not.