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I heard through the Twitter grapevine that @Astro__x has stated that it is time for a meeting with my friends. This apparently appeared in the Keeper of the Name bio on her Twitter (or is it her FORMER twitter account) account.

Now, what is NOT clear is if this meeting is supposed to be just between me and my “friends” or if this meeting includes Astro or Susan Earman or the executor of her estate in the unlikely event she is dead. I am going to offer what is in legal terms a hypothetical argument and assume what the above riddle implies.

I am suggesting that @Astro__x or Keeper of the Name is threatening or contemplating some kind of litigation. This could take on several options one of which would be a lawsuit. There are other options out there but this seems to be the more logical choice.

The problem for @Astro__X or Keeper of the Name is that this action is wrought with peril.

Why? you might ask.

Now, since it is my name that appears in this latest rant and the implied threat is implied to be against me as well as my “friends” I feel that I must warn whomever is behind that account that I do not take these sort of threats lightly.

Anyone who has been following my history on line knows that I am a bit of a fighter and when I get sufficentally riled up, I tend to fight hard.

I am also quite prepared for any legal action that this Keeper of the Name account may have up it’s virtual sleeve.

Continuing along the lines of a legal action being brought against me by the Keeper of The Name account, let me spell out my likely course of action should this occur.

The first thing I would do is file a number of Motions with whatever court this action is filed with.

I would include in my filings with the court, detailed evidence contained within my archives that would consist of Twitter postings that would include Profile “rants.” Email exchanges between me and the individual identifying herself as @Astro__x along with a vast amount of supporting evidence in which to advance my defense against whatever action may be undertaken.

One of the motions I would file is for whomever originated such legal action ( if this is done in the name of Susan Earman or another party) to identify themselves to the court along with evidence beyond a doubt as to who they are.

The reason for this particular motion is quite simple. I received several written notices (which I would provide the court) that Susan Earman aka @Astro__x is dead and that one of the theories of her death was that of suicide.

I have published several articles on this very blog addressing the issue of weather @Astro__x is alive or dead and I offered my opinion based on several pieces of evidence that she is still alive and may vary well have pulled off a rather odd hoax by faking her own death.

For that reason I would demand that the court order whomever brings this action to prove if Susan Earman is dead and also if she is alive. The latter being necessary in the event that the action is brought forth under the name of Susan Earman.

I would also file a motion demanding the action be dismissed due to the fact that is downright silly to begin with.

Keeper of the Name’s main contention is that people are stalking her simply for reading the profile that appears on her closed Twitter account.

Unfortunately for Keeper of the Name, this is not stalking since the names of her alleged talkers appear as a hyperlink on the posting. For example, my twitter handle appears as @murtwitnessone. When it is written in that manner on a Twitter posting, it appears as a hyperlink and the text is bluish in color. If someone were to put their curser on the hyperlink and left click their mouse, they would be instantly taken to my twitter account.

By posting in this manner, Keeper of the Name is initating contact with any twitter account that appears with the @username format within the posting. In addition by even mentioning the name in a way that does not cause a hyperlink to appear, this is also considered a manner of contact since I or whoever else appears in the posting is mentioned by a known name or identification.

This reverses the role of the individual doing the stalking to Keeper of the Name and those being mentioned being the ones who are being stalked and harassed by the Keeper of the Name account. 

Next, I would suspect that, in my case, Keeper of the Name (or whoever might bring this legal action) might argue that my blog and twitter postings may violate some civil tort or torts and supply these items as evidence or discovery.

The problem is that I prepared for such a likely event. First I chose my words and actions quite carefully. I studied the civil and criminal laws when researching how I could engage in such actions and cover my ass in the process.

I have not engaged in any attack against Astro or Keeper of the Name either directly or indirectly. I wrote in my blog and posted on my twitter account specific alleged actions by Keeper of the Name or @Astro__x or anyone else that account might be interacting with.

I posted evidence of each act that I either blogged about or posted on Twitter. I did so with minimal personal imput. In those instances I made it clear that these were my OPINIONS and not proven fact, or at least not yet, anyway.

There are times I did engage in a bit of sarcasm or even parody to some extent. These actions do not rise to the level of stalking since only general terms were used and also that sarcasm and parody are protected forms of free speech.

I would also point out to the court that I am protected by the fact that Astro is a public person. She is closely tied to the Haleigh Cummings case in that she has posted about the case of the missing child case for years and is also closely associated with Timothy C Holmseth, a self described on line journalist from the state of Minn. Mrs. Earman has also made a large number of postings in support of Deric Lostutter aka Kyanonymous, a public figure as well.

Because of this public figure status, the general public is allowed a lot more latitude when it comes to the right to criticize a public figure or comment on their actions in a manner that comes to the attention of the public at large. In this case, that protection includes any social media postings that are made either through the use of her legal name or a username identified as her on Twitter or any other social media account.

To sum up, Astro or whoever is behind the Keeper of the Name accont is strongly advised to study the laws regarding this subject before pursuing any legal action that may have unintended consequences. Such a consequence might be a counter lawsuit seeking damages for defamation of character and engaging in Vexatious litigation.

For those who may not be familar with this term, it is a legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action.

My countersuit would incude demands for reimbursement for any expense incurred in defending myself against these actions as well as punitive damages which would include loss of any revenue I may incur as a result of having to take the time to counter whatever legal actions against me that take place. I would also seek expense reimbursement along these lines in the event I am called as a witness in any legal action taken against any defendant that Keeper of the Name or whomever may take regarding this situation.

There is one final piece of advise I would offer to Keeper of the Name or anyone else who might wish to get under my skin:

Govern yourself accordingly.

Stay tuned

MURT

 

10 Comments

    • Im Nobody
    • Posted July 16, 2017 at 10:21 am
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    How does one know what’s true and what’s not true. Whose behind what? And what one should do?

      • MURTWITNESSONE
      • Posted July 16, 2017 at 8:52 pm
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      Well, when someone walks into a place of business and sees a woman alive that was reported deceased a couple of weeks ago, it is obvious what is true and what is not.

      MURT

    • Whatever
    • Posted June 27, 2017 at 3:41 pm
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    You idiots and you’re misguided sense of entitlement and internet worth have long slipped from funny because you are stupid into this is just fucking sad and pathetic.

    Here’s a hint: you all are nothing

      • MURTWITNESSONE
      • Posted June 27, 2017 at 4:29 pm
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      You still read AND comment here so we must be something.

      MURT

        • Lynda
        • Posted June 27, 2017 at 11:00 pm
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        LOL Whatever , you are still here. That makes us special!!!! I’m Thumbody!!!

      • Devil Donuts
      • Posted June 28, 2017 at 12:13 am
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      Don’t you have a klan meeting or something to go to, Tomalina?

    • Lynda
    • Posted June 27, 2017 at 1:10 am
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    You missed the one where she threatened Kim. I didn’t miss it, and neither did she. She has threatened to kill us, ruin us and a hundred other things, all saved. How many of us? A dozen, more? Instead of stopping the bio threats, (like any lawyer would advise her) she continues. Dumber than a sack of sand

      • MURTWITNESSONE
      • Posted June 27, 2017 at 8:40 pm
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      She has changed her profile back the one she almost always uses. Perhaps she will now STFU and go away.

      MURT

    • The court system is not your Personal Army!
    • Posted June 27, 2017 at 12:42 am
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    You have quite a vivid imagination as to how the court system works and what you can ‘demand’ of it, Murt. That online GED you got is really paying off, I see!

    Here’s a hint: Instead of losing sleep and getting all butt-hurt over some nonsense posted on Twitter by some anonymous idiot, why don’t you go outside and take a walk or something. Nothing about that tweet mentioned anything about litigation. Yet your first instinct is to run to your computer and start pounding shit out on your keyboard all in a nerd rage in which you express some bizarre fantasy about how you’re gonna file that motion and this motion and some other kind of motion.

    Then you top it all off with some nonsense: “Govern yourself accordingly.”

    lol, dude, for letting some bitch get you all wired up and make you look like a fool.

      • MURTWITNESSONE
      • Posted June 27, 2017 at 10:39 am
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      Ahh, you again. I still wonder why you keep coming back here. You come across as some kind of legal expert as well as an expert of all things internet. Nothing you state does not come anywhere close to being correct. The woman in question is bluffing and everyone knows it. I called her out and she still continues to hide from the nonsense she keeps spewing. I am amazed that you would support her actions but perhaps I should not be since your positions on the various subjects I have written here have been utter and complete nonsense. I suggest you go elsewhere with your so called advice and more importantly get a life.

      MURT


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