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Markham Trial Brief

Markham Trial Brief

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Published by mrslippery1
William Markham Jr. III terror
William Markham Jr. III terror

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Published by: mrslippery1 on Jun 13, 2012
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06/13/2012

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1 STEVEN TODD OTTO6707 Breakers Way2Ventura, CA 9030013 Tel: (805) 653-50584 Plaintiff in Pro Per
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SUPERIOR COURT OF THE STATE
OF
CALIFORNIACOUNTY OF
VENTURA-
CIVIL DIVISION
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STEVEN TODD OTTO,Plaintiff,vs.WILLIAM COLFAX MARKHAM,Defendant.CASE NO. 56-2012"00415795"CU"HR-VTA
Assigned to The Hon. William
Q.
Liebmann
TRlAL MEMORANDUM; DECLARATIONOF STEVEN TODD OTTO;DECLARATION OF ROBERT
&
JANETBRUNNER; DECLARATION OF MARION
C.
ERNEST; DECLARATION OF RONALDAUSTIN; DECLARAITION OF CATHYNAZARIAN; DECLARATION OF JAMESPERRY BALLARD; DECLARATION OFROXANNE EARNEST
Date: June 28, 2012Time: 8:30 a.m.Dept.: 33
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MEMORANDUM OF POINTS AND AUTHORITIES
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I
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INTRODUCTION
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"Legal and personal harassment" . . . "Continuous cycle
of
threatening incidents"
...
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"Increasingly bizarre, paranoid, agitated, and confrontational"
...
"Mental
instability"
...
27 "Likelihood to 'snap' and become violent"
...
"Schizophrenia"
...
"Fear for our personal28 safety"
...
"Terror."
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23Plaintiff maintains that
on
the evening
of
April9,
2012 Defendant William ColfaxMarkham, III appeared in
Plaintiffs
living
room~
physically assaulted him
and
then stated,
"If
you
report
this
and
follow through with this I will kill you
•••
I own a gun
and
will blow
your
head
off
if
you do this
•••
if
[Sheriff's}
arrive
and
I'm
still
here
you
are
a dead man,
I'
make
sure
of
it."
The rest
of
the observations above regarding William Colfax Markham in the firstparagraph above are not made
by
Plaintiff. Rather, those statements regarding Defendant aremade by over a
half
dozen other neighbors in two different distant neighborhoods who havelived near Defendant over the
past
half-decade.Until the incident
on
April
9th,
Plaintiff was unaware
of
these prior allegations againstDefendant
or
the identities
of
many
of
those providing
the
attached declarations and letters.
Most
of
them still were too afraid to get involved
and
the documentation attached is a smallsample
of
a
much
larger picture.
As
far
back
as Plaintiff was able to inquire into Defendant's past, a history
of
physicalviolence and other bizarre incidents involving death threats with guns have followed
Mr.
Markham. The incidents have often involved graphic threats
to
animals
and
people, which aremade more believable by
Defendant's
claims
to
have shotguns and, according to
one
attachedaffidavit,
an"'arsenal'
of
weapons."
Yet
Defendant has perpetually escaped any consequences for his actions becauseDefendant's family fortune has enabled him to buy legal representation to further intimidate hisvictims. This is something Mr. Markham boasts of. Here,
Defendant's
counsel apparently hasnot instructed him to turn over his weapons to the police department as required, nor hasDefendant done so. Defendant has effectively managed to delay the proceedings by non-
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appearance
and
disqua)ification
of
the family
law
commissioner assigned
to
the case who25 granted the
TRO
for good cause shown.
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The
purpose
of
the instant Memorandum
is
to
focus
on
the
factsunderlying
the
27 allegations in this case
by
introducing declarations that Plaintiff has engaged
in
very similar past28 conduct and remains likely
to
engage
in
such conduct
in
the future.
The
allegations
of
many
 
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different people, many
of
whom do not even know each other, revolve around a very commontheme
of
Mr. Markham provoking physical altercations with people bigger than
him
andbecoming injured. The altercations all seem to arise out
of
Mr.
Markham's paranoid delusions.
Mr.
Markham then threatens to shoot people with guns
if
they report matters to the police,followed by threats
of
egal action from
hi~
"legal team"
of
he "best lawyers."This team
of
lawyers is expected
to
argue that the attached declarations are hearsay.This is true. But hearsay declarations
are
admissible in a restraining order case at trial. Thesedeclarations are only presented to demonstrate Mr. Markham's propensity for violent statementsand acts. The declarations are relevant because they establish a history
of
very similar violentconduct by
Defendant
Some
of
he af:fiants have indicated they are willing to come to Court andwill be available to testify. Others have indicated that they are too afraid for the safety
of
theirfamilies.
II
STANDARD
FOR
RECEVING EVIDENCE
AND STANDARD
OF
PROOF
REQUIRED
FOR
ISSUANCE
OF
INJUNCTION
At the hearing, the court must consider any relevant evidence,
including
hearsayevidence,
when deciding whether
to
issue an injunction prohibiting the harassment. CCP
§527.6(i).
"Indeed, a proceeding for
an
injunction under section
527.6
(and,correspondingly,
§ 527.8),
need not proceed as a "full-fledged evidentiaryhearing with oral testimony from all sides."
(Schraer, supra,
at
p.
733,
fn.
6.)Rather, the hearing may be based
on
affidavits
or
declarations, which arethemselves a form
of
hearsay evidence. (See
ibid)
In
addition, a petition for
an
injunction under section
527.8
is heard
by
the court, not a jury, and is decided
by
the clear and convincing standard
of
proof
Trial judges are particularly aware
of
the
potential unreliability
of
hearsay evidence,
and are
likely
to
keep
this
in
mind
when weighing all
of
the evidence presented."
Kaiser Found. Hosps. V Wilson
(2011)201
CA4th
550, 557.

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