No, Mr. Bernath, I haven’t been convicted of perjury

As most of you know, Daniel A. Bernath filed a restraining order against me a few months ago. Of course, the judge tossed the order out, but Mr. Bernath contested the decision on the grounds that he was denied his right to face me in the courtroom because I attended the hearing by telephone. Well, while I have the right, as the defendant, to face my accuser, there is no right for the plaintiff to face the defendant.

That small point of law doesn’t hinder the lawyer who can’t join the Bar Association in his own state. He filed this motion with the court accusing me of lying about my medical condition and accusing my lawyer of perjuring himself and protecting me. Bernath posted the motion on line.

It’s odd that he accuses me of perjury while committing that offense himself. Bernath drags up old pictures of me from six and seven years ago to prove that I’m lying about my health. He makes up lies about my behavior in the White House and we see these lies repeated by phonies. Here’s the easy-to-read embedded version of his motion to reopen the restraining order hearing;

20140516 Bernath Opp Motion for Telephonic Hrg

Well, since that link of his is fully searchable, I have no recourse but to post the defense that I wrote for that particular motion. The numbers refer to the paragraph numbers in the document above;

Line-by line refutation of the opposition to the motion;

1. During my trip to Washington, I required constant assistance from the five friends who accompanied me, including Mark Seavey who will be available to testify at the hearing, also by telephone. We did go out the night of the 12^th and my wheelchair was in the trunk of the cab and my friends wheeled me up to the table. I had coffee.
2. My “appearance” on the Lars Larson Show was by telephone. I made it clear to the staff of the show that I wouldn’t discuss Mr. Bernath or this impending legal action and they complied.
3.I can attach the determination of the Veterans’ Administration that I am 100% disabled, if I need to do that.
4. I have no idea who is Judge Creighton (except that she was in the news today [back in May when I wrote this letter] for domestic problems with her boyfriend). I have never appeared in front of her and to the best of my knowledge; she has never ordered me to do anything in her official capacity.

I never drove by Ms. Wickre/Williams’ house, nor have I ever talked directly to her on the phone or talked to anyone in the office where she works. Since I have never been near her house, I also didn’t take any guns to her house. The restraining order from that hearing expired in April and I complied completely with it, despite the fact that her husband tormented me and my family in an attempt to get me to violate that order.
5 To 54 As I wrote previously, I have never appeared in front of Judge Creighton who, by the way is a “her” not a “him”.

55 – 64. I have only recently been prescribed blood thinners (on May 5^th) aside from bruising easily, because of the obvious nature of the drugs, if I’m accidentally cut, it would be very difficult to stop the bleeding.

65-68. I have no “Medical Team”, per se, I’m assuming that Mr Bernath is referring to the care that I get from my wife. She helps me to walk and stand, pushes my wheelchair, helps me to dress and bathe, and she prepares my meals. She’s also a certified nurse’s aide. I was supposed to be in DC for three days, but I cut the trip short by a day and left after the Medal of Honor ceremony.

69-86. As I stated previously, I had five friends who helped me with most of those chores while I was in DC. I have never been accused of perjury by a judge, in Montgomery County or otherwise. I’d like to see the evidence of that.

87-91. As I previously stated, the interview with the Lars Larson Show was by telephone. I’ve done radio shows across the country in that manner. Technology is an amazing thing.

92-103. I’m not sure what the point of this is, unless Mr Bernath considers himself a troll. By the way, that line from my blog was edited by Mr. Bernath, because Mark Seavey was never going to be a party to the show, so he added in Seavey’s name for some reason that escapes me at this point.

104-105. The audience of the Larson show were clicking over and asking for the story of when we busted Mr Bernath for lying about his accomplishments in the military, so I put the link in the post.

106-157. Nothing in those comments was written by me, so I don’t why he includes them in this document.

159-163. I have never encouraged anyone to harm or scare Mr. Bernath, or any other phony that we’ve busted. I challenge Mr. Bernath to find a direct threat to him or to anyone else from me.

164-168. Again, I don’t know Judge Creighton, and neither does Mr Bernath, because Judge Creighton is a “her” not a “him”. As I said, I only learned that fact today when her personal affairs surfaced as a news item.

169-176. That particular picture is from 2008 before I was afflicted with ALS. Yes, it was in Washington, DC and yes, six years ago I could ride a bicycle. In fact, in 2009, I was riding 18 miles each day and it’s one I thing that I seriously miss.

178-185. I’ve admitted that I went to an Arlington pub, seated in my wheelchair, drinking coffee, my five friends assisting me. Inside the White House at the ceremony, my friend, Matt Burden, wheeled me through the checkpoints and parked me in the audience. I took pictures, but there was no jumping up and running around, I couldn’t even stand when the President came in the room, like everyone else. But I do have telephoto lenses for my camera that might make it appear as though I was close to the action. But I did it all seated. I have five witnesses to that fact.

185-194. Yes, I drove two hours to DC and back. I’d also have to drive those same two hours to get to an airport to begin my journey to Oregon if I went there, since the closest airports to Fort Ashby are in DC.

195-196. I went to Kentucky in 2012 and to Indiana in 2010. ALS is a progressive disease and affected me less then than it does now. I was diagnosed with ALS in December 2012.

198-214. I would be happy to provide the court with documentation from the Department of Veterans’ Affairs as well as from my doctor to assuage any concerns about my medical condition.

I’ve already provided Mr. Boutin with a picture of the selfie I took with Sergeant Major of the Army Raymond Chandler and clearly, I was in my wheelchair as we took the picture.

I’ve already said that I was at the White House on May 13^th, that picture was taken with four of the friends who helped me around the city that week.

Yes, I own a cell phone and a camera, I don’t know what his point might be.

As I explained, I have a telephoto lens that lets me get close to the action.

Notice, I’m sitting in a wheelchair at the White House gates.

In the pub photo, notice the coffee cup in front of me and I’m sitting in my wheelchair.

His reason for including the President’s remarks escapes me, because he wasn’t talking to me and there was no alcohol served, aside from some wine.

I didn’t take that picture of Sergeant Kyle, the president and the president’s aide. In the other pictures he included in this group that I did take, Bernath provides the copyright information, but he doesn’t in this case because I didn’t take the picture.

Bernath identifies me as one of the photographers holding a cell phone, that isn’t me. So I don’t know what he’s trying to do. Well, I do know what he’s trying to do, but clearly that isn’t me in the picture.

Yeah, I copyright my photos because people steal them. My blog is my business and a sole proprietorship for which I pay small business taxes. So yes, I was working as a journalist for myself. If it took me 9 hours to drive the 150 miles from my home to DC, I must’ve taken the long route.

Yes, I went to Gettysburg and took pictures last year. They had handicap services to drive me around. The parade that Mr Bernath claims was in 2014, was actually a Memorial Day parade in 2012 in DC and a young lady went to DC and took the pictures for me. She also wrote the post on the blog at http://valorguardians.com/blog/?p=30163

The parade in Richmond was in 2012 and as I said, ALS is a progressive disease.

My trip to Kentucky was also in 2012 for that ceremony. I could walk unassisted at that time.

Yes, I went to my friends’ wedding in Indianapolis nearly four years ago.

Yes, I was at the rally on September 12^th, 2009 and on my bicycle. ALS is a progressive disease and I wasn’t finally diagnosed until December 2012. I think the picture that is of me and labeled “At Walter Reed” was in 2008 or thereabouts. That particular Walter Reed hospital on Georgia Avenue in DC closed in 2011.

The picture of me shaking hands with the Target employee was on October 23, 2009 when we all went to our local Target stores and thanked the HQs for donating to the troops of COP Keating. My wife took the picture.

The picture of me with the Wolf for Congress sign was a joke and was actually taken in September 2010 in the garage of a friend in Winchester, Virginia.

The picture labeled “Jonn Lilyea and I (Mark Seavey)” is actually me and Jim Hanson (from the blog Blackfive) and it was the summer of 2009.

The picture of me with the lady with the Iraq Veterans Against the War T-shirt was taken in 2008 in one of the Congressional office buildings where I reported on their testimony to Congress.

The picture of me and Mark Seavey holding drinks was at one of the last Milblog conferences in 2010. I was still walking fine then.

The picture of me with the lovely Michelle Malkin was taken at an anti-war rally in September 2007. I lived in downtown DC at the time.

From that transcript – the judge was Judge McHugh and the judge stated clearly that Mr Wickre was “crazy as June bug”. He also said in the “he said, she said” discussion that he didn’t believe me, but I didn’t have the benefit of crying in the court room and I didn’t lie about the exchange like Ms. Williams did. However, I did abide by the peace order, despite the fact that Mr Wickre called and harassed my daughter for months afterward.

Since Bernath has joined forces with Wickre and Wittgenfeld, you can see their influences in the .pdf file. It looks like Frank Visconi might join up with them since he sent me the link as proof that I’m a POS. As I’ve said before, I have never been convicted of a crime, not even a parking ticket. My only experiences in court have been with these boneheads.

The only perjury I’ve witnessed was Ms. Williams/Wickre when she told the judge that she heard me threaten to kill her family with a pickaxe and then shoot them all. Anyone who knows me, also knows that I’m incapable of making empty threats – you’ve all heard me on the phone when I’ve been confronted by criminals.

I have no reason to lie in court since I have right on my side.

Category: Dumbass Bullshit