A Review Series of Anonymous Tip, by Michael Farris<\/a><\/strong><\/p>\nPp. 307-319<\/em><\/p>\nSo, my new (used) copy of Anonymous Tip came. And you know what? This next section is the most boring section ever<\/em>. Basically, it\u2019s the next Monday now (a week later) and it\u2019s the hearing about Gail\u2019s motion to dismiss the case. \u00a0I\u2019m going to be doing some major summarizing while zeroing in on the interesting tidbits\u2014namely, some developments in the benighted Peter-Gwen-Gordon love triangle. Or whatever it is.<\/p>\nIn the week and a day since our local intrepid reporter published the first article on the case, Gwen\u2019s suit has become something of a media sensation.<\/p>\n
The press corps was out in force the following Monday. They were desperate for some pictures\u2014both television and photos\u2014of the participants in the case of Landis v. Corliss, et. al.<\/em> There were six television crews\u2014four from Spokane, and two who had flown over from Seattle after the Morgan Howard article had been reprinted in the Seattle Post-Intelligencer<\/em>. There were also three radio reporters, four print journalists, and three photographers.<\/p><\/blockquote>\nI\u2019m not sure whether or not this is realistic for a case like this. On the one hand, this sounds like overkill, but on the other hand, this is<\/em> a case involving perjury by government officials. Either way, Farris tells us that all of these reporters watched Howard closely, because he was the only one who knew what Peter or anyone else on the case looked like. They move as soon as he does, and mob first Gail, who comes in with Matt Bartholomew, and then Peter and Gwen, who have Joe with them.<\/p>\nMatt says \u201cNo comment\u201d but Gail decides to respond to Howard\u2019s question about whether they will use the\u00a0immunity defense\u2014\u201cWe are just trying a lawsuit according to the normal rules of court,\u201d she says. \u201cWe are not going to turn this case into politics or a publicity stunt.\u201d When Peter and Gwen arrive, with Joe, Howard moves to question them as well and a \u201cstampede\u201d of reporters follow\u00a0him. Peter refuses to say anything, telling the press that he will be back \u201cafter the hearing,\u201d suggesting that they may make a statement then.<\/p>\n
But there are also these\u00a0tidbits:<\/p>\n
[Howard] had spied Peter Barron coming down the sidewalk with two others. He assumed that the striking blond was his client, Gwen Landis. He quietly whispered to his photographer, \u201cGet all the pictures of her you can. She\u2019s going on page one.\u201d<\/p><\/blockquote>\n
I am, frankly, becoming a bit creeped out by all the references to how gorgeous Gwen is. It\u2019s as though that\u2019s all that really matters about her, how gorgeous and innocent and helpless she is. Never mind that she works full time as a nurse at the hospital and is a single mother raising a young daughter with the help of her parents. Nope. What matters is that she\u2019s gorgeous<\/em>.<\/p>\nThen this happens when a TV reporter tries to question Gwen:<\/p>\n
Gwen looked at Peter, who simply shook his head from side to side. Two television cameraman blocked her path, waiting for an answer to the reporter\u2019s question. Peter put his arm around Gwen, shielded her from the onslaught, and said, \u201cExcuse me, ladies and gentlemen. We have an appointment with Judge Stokes.\u201d<\/p>\n
As soon as his arm was around her shoulders, the cameras flashed incessantly.<\/p>\n
\u201cThat\u2019s the shot we\u2019ll use,\u201d Howard whispered to his camera man.<\/p><\/blockquote>\n
I understand why Farris wanted to inject some romance into his drama. I just wish the romance could have been between some pairing\u00a0other than<\/em> a lawyer and his penniless charity client. But maybe this is a good thing. Maybe the press will catch wind of the romance and take Peter\u00a0to task for it.<\/p>\nDonna and Rita somehow slip in without getting caught by the press, and so does Gordon. Yes\u2014Gordon.<\/p>\n
Gordon Landis slip through without any questions at all. Dressed in jeans and a sports shirt, he did not look as if he belonged to the cast of players involved in Spokane\u2019s most famous current lawsuit.<\/p><\/blockquote>\n
And then finally\u2014finally\u2014they get started. Farris writes a decent amount about who sat where, and Peter explains to Gwen that they likely won\u2019t get the decision that same day\u2014something I\u2019d have thought he\u2019d have already told her. Anyway, Gail goes first.<\/p>\n
Gail argues that they should dismiss the case because social workers are \u201cimmune from civil lawsuits for actions done in connection with a child abuse prosecution.\u201d She contends that the investigation leading up to the filing of a lawsuit is ultimately part of the lawsuit, and thus that this immunity extends to the initial investigation. She also argues that, based on a Supreme Court ruling, \u201cwitnesses such as social workers are absolutely immune from a lawsuit based on alleged perjury.\u201d I\u2019m a little confused about whether we\u2019re talking about perjury that took place in court only\u2014i.e. the statements about the bruises\u2014or if we\u2019re talking about the computer falsification, and that really isn\u2019t clarified. Maybe it\u2019s both?<\/p>\n
Anyway, Gail points to Meyers v. Contra Costa County Department of Social Services<\/em>\u00a0to back up the immunity defense and to Briscoe v. LaHue<\/em> to back up the perjury defense\u2014\u201call witnesses are immune from lawsuits that arise from the substance of their testimony.\u201d The judge pushes back, asking Gail questions. He says the computer tampering has cut significantly into Donna and Rita\u2019s credibility. For some reason Gail doesn\u2019t respond by arguing that it was Blackburn that did the tampering. That isn\u2019t mentioned at all. Instead she simply points to the law, and to the above cases.<\/p>\nFor his part, Peter argues that social workers\u2019 immunity begins \u201cwhen the\u00a0lawsuit\u00a0was filed,\u201d and that any action taken before it is filed\u2014such as Donna\u2019s entry into Gwen\u2019s home without a warrant and the strip-search of Casey\u2014is not immune. He argues that it is well established that a social worker needs a warrant to gain entry to a home when investigating a report. He further argues that Briscoe v. LaHue<\/em> only addressed alleged perjury, not proven perjury such as in this case.<\/p>\nAgain, I\u2019m confused, though. They all keep talking about cases where a witness is accused of perjury\u2014but is it in fact proven that Donna committed perjury when testifying about the bruises? All that is known is that someone<\/em> changed the initial intake report to make it look more urgent. Donna did answer questions about when the call came in in her deposition, but again, how can they know this wasn\u2019t all engineered by Blackburn, as Gail is ostensibly arguing? I\u2019m unclear as to what proven perjury by a witness on the stand we\u2019re talking about here.<\/p>\nAnyway, enough with this. Let\u2019s get to the judge\u2019s ruling, which he offers immediately upon the conclusion of each attorney\u2019s arguments, and without even taking a recess.<\/p>\n
\u201cThis motion is going to be granted in part and denied in part. Mr. Barron, I wish I was the Supreme Court. Yours is the case I would use to reverse the rule on suing witnesses for perjury. But as Ms. Willet pointed out, I\u2019m not the Supreme Court, and so all counts of the lawsuit dealing with perjury are going to be dismissed. I do it reluctantly, but I feel I have no choice.\u201d<\/p>\n
. . .<\/p>\n
\u201cBut I am going to deny the motion to dismiss the parts of the case dealing with the illegal search. I read Meyers the same way Mr. Barron suggests. Once the social worker has filed the case in court, he or she is immune from suit. But before that time, if the social worker violates the Constitution, that social worker can be sued for violating the civil rights laws of this country.\u201d<\/p><\/blockquote>\n
Peter is satisfied. He tells Gwen this \u201cas good as I hoped.\u201d Judge Stokes says any appeal on the immunity issue must be filed quickly, and Matt asks for a week to do so. Peter tells Gwen that because they\u2019re going to appeal, she can cross-appeal, and \u201ckeep asking the higher courts to reverse the rule that lets perjurers go free.\u201d<\/p>\n
\u201cThat sounds good. Keep fighting, Peter. Just keeping on fighting for what\u2019s right.\u201d<\/p><\/blockquote>\n
This is more evidence that this wasn\u2019t proofed very carefully, but also, if Peter were actually interested in what\u2019s right he wouldn\u2019t have violated ethical rules left and right throughout the duration of this case.<\/p>\n
Anyway, the reporters really want a statement as he leaves, so they stop to give one. Peter says they\u2019re pleased with the ruling as a whole, but \u201cdisappointed\u201d that the judge was forced to dismiss the perjury accounts. He pledges\u00a0to take his\u00a0arguments on that count \u201cto a higher court.\u201d He\u2019s asked if he\u2019ll appeal to the Supreme Court and he says the next step is the Ninth Circuit Court of Appeals. This is more of that exposition where he\u2019s actually explaining it four our benefit, as his readers. He adds that the court is located in San Francisco but that the case will probably be argued in Seattle, and that there will be a cross-appeal.<\/p>\n
And then there\u2019s Gwen, of course. She answers some basic questions about Casey\u2014\u201cshe was upset, very upset and scared by the illegal search\u201d\u2014and Peter denies their request for pictures.<\/p>\n
Peter grasped Gwen\u2019s left arm gently, and led her through the crowd and away from the federal building.<\/p><\/blockquote>\n
This is the end of a chapter, but I\u2019m going to give you one more thing. \u201cMother Cannot Sue State Workers For Perjury\u201d is the headline on the front page of the Spokesman-Review<\/em> the next morning, with that<\/em> picture of Peter and Gwen. And do we remember who regularly reads the newspaper? Gordon, of course! And it\u2019s not just the paper, he also watches the news.<\/p>\nGordon Landis watched the five and six o\u2019clock news shows with a slow burn. By the time the eleven o\u2019clock news re-ran the stories, his jealousy of Peter had reached the boiling point. When he saw the picture on the front page of the paper the following morning, he slammed the paper down on his kitchen table, uttered a string of expletives, and vowed to stop this man from stealing the heart of his ex-wife.<\/p>\n
\u201cI\u2019ll stop him. I\u2019m going to stop him, one way or the other,\u201d he muttered out loud in his empty apartment.<\/p><\/blockquote>\n
Uh oh. Gordon\u2019s getting downright scary<\/em>.<\/p>\n\u00a0<\/p>\n<\/body><\/html>\n","protected":false},"excerpt":{"rendered":"
So, my new (used) copy of Anonymous Tip came. And you know what? This next section is the most boring section ever. Basically, it’s the next Monday now (a week later) and it’s the hearing about Gail’s motion to dismiss the case. I’m going to be doing some major summarizing while zeroing in on the interesting tidbits—namely, some developments in the benighted Peter-Gwen-Gordon love triangle. Or whatever it is. <\/p>\n
Click through to read more!<\/p>\n","protected":false},"author":845,"featured_media":29568,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[469],"class_list":["post-29565","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-anonymous-tip"],"yoast_head":"\n
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