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2011-07-15 Order Granting in Part Anti-harassment Petition

2011-07-15 Order Granting in Part Anti-harassment Petition

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Published by Brian Cuban
Order Partially Granting Anti-Harassment Order against Sarah Levine Simon
Order Partially Granting Anti-Harassment Order against Sarah Levine Simon

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Published by: Brian Cuban on Jul 22, 2011
Copyright:Attribution Non-commercial


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ANTI-HARASSSMENT ORDERPage 1 of 13King County Superior Court516 Third Avenue, C-203Seattle, WA 98104(206) 296-9105
MARTA LYALL,Petitioner,v.SARAH LEVINE SIMON,Respondent. NO. 11-2-16227-3 SEAORDER GRANTING IN PARTMOTION FOR ENTRY OF ANTI-HARASSMENT ORDER This matter came before the Court on the petition of Marta Lyall for the entry of an anti-harassment order against Sarah Levine Simon. The parties submitted voluminous materials insupport of, and in opposition to, the petition. The Court conducted an evidentiary hearing, took limited testimony, and heard oral argument of counsel on Friday, July 8, 2011.
On August 24, 2010, Marta Lyall obtained a civil anti-harassment order against NoahSimon based on Internet postings he made about her or directed to her from his home in NewYork. On December 14, 2010,
 Noah was charged in King County Superior Court with felonystalking in violation of RCW 9A.46.110, cyberstalking in violation of RCW 9.61.260(a)(b) and(c), and identity theft in the second degree in violation of RCW 9.35.020(1) and (3), arising outof the same Internet activity that led Lyall to seek the anti-harassment order. On January 26,
ANTI-HARASSSMENT ORDERPage 2 of 13King County Superior Court516 Third Avenue, C-203Seattle, WA 98104(206) 296-9105
2011, Noah entered a plea of guilty to amended charges of misdemeanor harassment andcyberstalking. In the Statement of Defendant on Plea of Guilty, Noah described what he haddone to make him guilty of these crimes:(1) Between 6/1/09 and 8/31/10, I knowingly & without lawfull [sic] authority &with the intent to harass Marta Lyall, made repeated electronic communicationsusing obscene language, and that Marta Lyall viewed these communications inKing County, Washington.(2) On approximately, February 14, 2009, I created and posted a video on theInternet directed to Marta Lyall where I displayed what appeared to be a firearmand my actions placed Mrs. Lyall in reasonable fear that a threat would be carriedout & that Mrs. Lyall viewed the video in King County, Wash. and this was amalicious act intended to substantially harm Mrs. Lyall with respect to her mentalhealth or safety.On January 18, 2011, while awaiting sentencing, Lyall sought an order of contempt against Noahin the anti-harassment proceeding based on his failure to remove the Internet postings relating toLyall. Noah attended this hearing in person, admitted he was in violation of the anti-harassmentorder, was found in contempt, and was again ordered to remove all postings relating to Lyall. Noah did not challenge the validity of the anti-harassment order at this hearing.Additionally, as a part of Noah’s criminal sentence entered on January 28, 2011, he wasordered as follows:Defendant will comply with all orders regarding Marta Lyall and will remove allelectronic postings regarding Marta Lyall.Based on a review of the court files, Noah has not sought to withdraw his guilty plea, has notappealed his judgment and sentence, and has not filed any petition to collaterally attack theconviction. Nor did Noah object to the scope of the criminal sentence ordering him to remove allelectronic postings about Lyall from the Internet.Lyall has sought relief from the courts repeatedly since the imposition of the anti-
ANTI-HARASSSMENT ORDERPage 3 of 13King County Superior Court516 Third Avenue, C-203Seattle, WA 98104(206) 296-9105
harassment order and the entry of the criminal sentence, contending that Noah has not removedall of the postings relating to her and that he has recruited others, including his mother—theRespondent here—Sarah Levine Simon,
to post additional offensive comments about her. Noahwas found to be in violation of the anti-harassment order on April 8, 2011 and again on May 5,2011 for failing to remove Internet postings about Lyall.In early January 2011, Simon requested employment records relating to Lyall fromformer employers, the University of Washington and the University of Illinois, Chicago. Simonalso enlisted the assistance of friends to make similar public records requests. One friend choseto make this request under the name of her deceased father. Simon specifically sought the production of any records relating to any termination of Lyall’s employment, any complaintsLyall filed against, or had filed against her by, fellow faculty members, administrative personnelor students, and any lawsuits Lyall may have initiated against the employer. Simon representedto one court that she made these requests to “help exonerate her son.” The University of Washington provided some documents to Simon, after which Lyall obtained a temporaryrestraining order preventing further release of her personnel records by the University until privacy issues could be resolved.
See Lyall v. University of Washington
, No. 11-2-10291-2.In March and April 2011, Noah sent emails to his mother in which he called Lyall a“serial accuser.” Simon then began forwarding his emails to Lyall’s attorneys and to former associates of Lyall, as well as sending them emails herself, in which Simon claimed that Lyallwas persecuting her son, that Lyall had made similar accusations against others, that Lyall wasmentally ill, suffering from borderline personality disorder, criminally insane, obsessed with
To distinguish between mother and son, the Court will refer to Sarah Simon as “Simon” but continue torefer to Noah Simon by his first name.

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