Murdaugh Murders Podcast - TSP #68 - Legal Bullying From JP Miller and Greg Parker + Russell Laffitte Appeal + A Bestiality Accusation?
Episode Date: September 26, 2024Investigative journalists Mandy Matney and Liz Farrell take on the Good Ole Boys once again, starting with lawyers who knowingly file frivolous lawsuits. Last week Myrtle Beach pastor JP Miller and ...his attorney Russell B. Long filed a defamation complaint against a paralegal who said he called her law office in search of a divorce attorney who could “destroy” his wife, Mica Francis, whose body was found in a North Carolina swamp last April. Not only is it laughable that JP believes this hurts his already-bad reputation, the complaint doesn’t articulate that anything the paralegal stated as fact is untrue. Also on the show, a newly released report from Horry County Police Department shows that JP Miller was accused of bestiality this past June. What?!?! We'll share all that we know about this public document and our ongoing fight with Horry County to release all that can be according to SC state law. And Mandy and Liz take a look at the checkered past of Mica Francis’ psychiatrist … Dr. Duchesne... the one who seemed to take JP’s narrative as fact. Note: Mandy and Liz both pronounce Dr. "Duchesne" as they interpreted/researched it but its the same person... Plus, an update on Russell Laffitte’s Federal Appeal Hearing and another South Carolina judge’s conduct is raising questions in the Beach case. So much to get into... so let's dive in... Episode 68 Resources Join Premium for the COJ 100 Live Recording Broadcast Cups Up at Coco’s On The Beach Event Russell Laffitte’s Federal Appeal Hearing Russell Laffitte's Attorney Bill Wilkins Charlotte Korn’s Cease and “Destist” Letter Attorney Bill Padgett from HHP in Columbia, SC Premium Dive: Am I Being Defamed (PART ONE) Collin Rugg’s May 3, 2024 Tweet Mica’s List & Mica’s Law Stay Tuned, Stay Pesky and Stay in the Sunlight...☀️ Join Luna Shark Premium today at Lunashark.Supercast.com. Premium Members also get access to searchable case files, written articles with documents, case photos, episode videos and exclusive live experiences with our hosts on lunasharkmedia.com all in one place. CLICK HERE to learn more: https://bit.ly/3BdUtOE. If you are in crisis, please call, text or chat with the Suicide and Crisis Lifeline at 988, or contact the Crisis Text Line by texting TALK to 741741. What We're Buying... Hungry Root - https://hungryroot.com/mandy to get 40% off your first delivery and get your free veggies.. Hungry Root is the easiest way to eat healthy. They send you fresh, high-quality groceries, simple, delicious recipes, and essential supplements. Task Rabbit - Use promo code "mandy" at https://www.taskrabbit.com/ for 15% off your task. Task Rabbit connects you with skilled Taskers to help with cleaning, moving, furniture assembly, home repairs, and more. Here's a link to some of our favorite things: https://amzn.to/4cJ0eVn And a special thank you to our other amazing sponsors: Microdose.com, PELOTON, and VUORI. Use promo code "MANDY" for a special offer! *** ALERT: If you ever notice audio errors in the pod, email info@lunasharkmedia.com and we'll send fun merch to the first listener that finds something that needs to be adjusted! *** For current & accurate updates: TrueSunlight.com facebook.com/TrueSunlightPodcast/ Instagram.com/TrueSunlightPod Twitter.com/mandymatney Twitter.com/elizfarrell youtube.com/@LunaSharkMedia tiktok.com/@lunasharkmedia Learn more about your ad choices. Visit podcastchoices.com/adchoices
Transcript
Discussion (0)
How do stop losses work on Kraken?
Let's say I have a birthday party on Wednesday night, but an important meeting Thursday morning.
So sensible me pre-books a taxi for 10 p.m. with alerts.
Voila! I won't be getting carried away and staying out till 2.
That's Stop Loss Orders on Kraken, an easy way to plan ahead.
Go to kraken.com and see what crypto can be.
Non-investment advice. Crypto trading involves risk of loss.
See kraken.com slash legal slash ca dash pru dash disclaimer for info on and see what crypto can be. expire so use them how you want. That's the powerful backing of American Express. On eligible cards, terms apply. Learn more at mx.ca.
I don't know what to even say right now. But between the legal bullying from JP
Miller, Russell B. Long, and Greg Parker, and the horrific Horry County police report we found yesterday and
the odd response that we got from officials. I am disgusted by our system and I keep asking
the same question. How does this keep getting worse? My name is Mandy Matney.
This is True Sunlight,
a podcast exposing crime and corruption
previously known as the Murdoch Murders Podcast.
True Sunlight is a Luna Shark production
written with journalist Liz Farrell. Well, phew.
I don't think I've been this stressed since March of 2023, so I'm going to ease into
this episode with some sunshine. We are really excited for two special premium events
this week, a virtual broadcast of our 100th episode
of Cup of Justice recording this Friday,
September 27th at 7 p.m.
This will be open to all premium members.
And wow, 100 episodes. That is wild to say and also don't worry
the episode will be available to everyone on Tuesday as normal and then
on Saturday September 28th at 5 p.m. we are inviting our amazing Lunashark
premium members to join us in person at Cocos on the Beach in Hilton Head, South
Carolina to celebrate that and so much more.
When we started the Murdoch Murders podcast in June of 2021, all I ever wanted to do with
the show was to get the story straight for legacy media misreporting news particularly
about the kids on the boat in 2019.
I wanted to give a voice to Stephen Smith
by helping his mom Sandy find answers
and I wanted to expose the truth
about our two systems of justice
which allowed these terrible crimes to take place.
I never thought we would reach number one on Apple
or anywhere near those
and consistently rank for years in top podcasts
globally. I also never thought that we could launch Cup of Justice with Liz and Eric and also
reach number one on Apple with that feed. I also had a hard time thinking that we would actually make it beyond the Murdock trial with both shows.
Nor did I ever see us publishing over 300 episodes of all our shows combined on both
the premium and the public feeds.
Nor did I think that we would welcome nearly 10,000 members to Lunashark Premium or have our episodes listen to over 100 million times
and reach almost 25 million people across the globe. Nor did I ever imagine delivering over
200 million advertisements for brands that support the mission that we stand behind.
And I am really proud to have developed friendships
and relationships with strong women across the globe,
doing amazing things and lots of great men too.
We are proud to have the support of Hulu and Universal
that believe in our work so much,
we're making a series with an incredible team of writers
and producers that will premiere next year if all goes to plan.
We are proud to speak with thousands of university students sharing that staying pesky can bring
us all into the sunlight.
Shout out to the University of Missouri, Indiana University, and my alma mater, the University
of Kansas, who we will be visiting over the next few weeks.
Check our events page for dates, details, and updates.
But most of all, I am awestruck that we would make such a profound impact with our shows
as seen by convicted murderer, Ellic Murdoch remaining behind bars,
returning convicted killer Gerard Price to prison,
in changing the way our judges are elected in South Carolina,
in calling out the vast number of horrible lawyers, judges,
and systemic failures in so many horrific cases, and to say that we aren't
done yet.
So thank you for being such an amazing community of listeners, premium members, sources, sponsors,
partners, and guests.
We love you, and we want you to celebrate with us, including Liz, who's coming to
South Carolina this
weekend.
We will see you on Friday night at the Cup of Justice broadcast or Saturday evening on
the beach.
Click the link in the description to learn how.
So regardless of how y'all support us, thank you. Before we get started, we want to do a very quick update about Russell can't admit defeat
Lafitte and his appeal, which was heard by a panel of three judges on Wednesday morning
at the Fourth Circuit Court of Appeals in Richmond, Virginia.
I know some of you, your first question is going to be, was Russell there? We don't know because
we actually listened to the arguments over live stream. But there was no reason for Russell to
be there. And we're told that defendants, especially those currently wearing prison jammies,
typically don't attend their federal appeal hearings. Okay, so reminder, Russell is a Nepo
baby. He was president of Palmetto State Bank and he is the not enough acclaimed star of Russell
TV.
He was found guilty in November 2022 of six counts related to Elick Murdoch's fraudulent
schemes to steal money from Elick's clients.
Russell was sentenced to seven years in federal prison last summer.
He spent mad amounts of money trying to escape consequence and basically all but left scratch marks on the walls when he was finally ordered to report to prison last September.
Which by the way, happy prisonversary Russell!
On the 28th, it will be one year since he finally ran out of delay tactics and was forced to
drive down to Florida to check into prison. Now, Russell isn't just a nepo baby who
fought the hardest to stay out of prison. He's also whatever the equivalent of dining
and dashing is in the legal community. He skipped out on his presumably very large legal
bill with Nelson Mullins.
And that's according to court records. Nelson Mullins is one of the top law firms in the
state. So I imagine they're expensive. And I say skipped out, but it's not clear whether
he ever made good on that. And it's not clear whether he is facing the same problems with
his new firm, Maynard Nexon, which is another top law firm in the state. Either way, it must be really hard for Russell now that he does not have children trust accounts
at his disposal to tap into anymore.
So there were a few issues at hand on Wednesday.
One was that Russell says his fifth amendment rights were violated.
That would be his due process.
He also maintains that his sixth amendment rights were violated. That would be his right to an impartial
jury. He says that Judge Richard Gergel erred when he made the decision to
dismiss a juror who appeared to be in medical distress, apparently caused by
her fellow jurors who allegedly didn't see things the same way she did when it
came to Russell's guilt. Two, is that Russell says
the district court erred again by not allowing him to question bank board members about their
intentions to buy back their shares, meaning Russell's team couldn't impeach the witnesses
based on this idea that the board was throwing Russell under the bus because Russell's branch
of the family opposed the plan. Three, Russell contends that there wasn't
sufficient evidence to convict him, which there was so much evidence, so I don't know how he can
make that argument with a straight face. And four, the government contends that Judge Gergel erred
by not forcing Russell to pay interest on his restitution to the bank and PMPED. You know,
the victims, they're just going about for old PMPED and Palmetto
State Bank again. So here's what happened on Wednesday when Russell's attorney Billy Wilkins
made his argument that Judge Gergel was wrong to dismiss juror 88. Billy Wilkins is a colleague
of Russell's attorney Mark Moore, who is also one of the attorneys representing gas station
magnate Greg Parker in the Beach Family civil conspiracy case, which we'll talk about in a bit.
Wilkins is a heavy hitter in Greenville, South Carolina, and he has a lot of influence according
to multiple sources. So this starts with US judge Toby Heightens being like,
I don't buy your argument. And I'm going to play this so that you can get a feel for the tenor of this hearing.
Can I ask you what strikes me as the hardest question in this case for me? So let's just
pause it on juror 88. I don't think you have any plausible argument. I don't hear you making
it. I don't think you have any plausible argument that the district court did anything wrong
by talking to juror 88 ex parte because the parties all expressly consented to that happening.
And then the government said it needs to be on the record.
It is.
I'm literally looking at the transcript of the district court's conversation with juror
88.
So I get that.
And then at the end of this colloquy, the court asks juror 88, do you feel you can perform
or do you want me to replace you with an alternate?
Sorry, that's not the important
part. He says, the court says, this is at SJA 3311, the issue is, are you able to perform your duties
as a juror? Juror 88, at this point, no. I guess my real difficult question is, what is the district
court supposed to do at that point? Because if a juror says they can't perform their duties as a juror, I don't understand
how he can't dismiss that juror at that point.
You can't let someone be on a jury who's told you they can't perform their duties as a juror.
What is he supposed to do when she says that?
Well, I'll say what he's supposed to do, Your Honor.
First of all, he asked the jury, do you want me to replace you?
No, no, I'm asking in response, when a juror says in response to, can you perform your duties as the juror?
The juror says, no.
Do you think there's any world in which the district court doesn't have to
replace that juror?
How would it not be reversible error to not reverse a juror who says they can't
perform their duties?
He should do that.
What every circuit in this country that has addressed this issue says you should
do as the DC Circuit, the second,
the third, the sixth, the ninth, and the 11th. All have held that a district court may not dismiss
a jury during deliberations if there is a reasonable possibility that the request to be dismissed
stems from that juror's feelings about the sufficiency of the government's case.
Things didn't really seem to be going Russell's way at first, but when the government made
its argument, the court showed that it had concerns when it came to Russell's claims
related to Judge Gergel's decision to remove Juror 88 as opposed to declaring a mistrial
or sending the jury home to cool off before deciding what to do about it. Kathleen
Stoughton, who was arguing for the government, maintained that Russell waived his right to
contest the decision to remove the juror when he didn't contest the judge's announcement
that he was going to talk to the juror and see if action needed to be taken. Here's
Judge Hightens again with his questions.
I'm just going to say that strikes, I think, I guess I'll just say it strikes me that you're
right on the medication and wrong on this. I agree 100% that he waived his right to be
present when they talk. And I understand your friend on the other side to agree that. Where
do they possibly agree to the judge excusing juror 88? I mean mean you place a lot of emphasis, pretty much exclusive emphasis,
on a remark the district court sort of makes as, I mean I'm just envisioning this scene
and I guess I, like I'm just envisioning that the district court is if he's not literally
standing up, he is starting to stand up and say I'm going to do this and I'm going to
take action and he walks out of the courtroom and no one stands up and says judge what does
that mean or something like that.
But other than this, I will say to me,
at minimum, fatally ambiguous statement about taking action
and whatever the heck that means.
I don't understand how they waive the argument.
Specifically, we agreed to let you go talk to this juror
as long as you made a record at the government's request.
But we understood that what was going to happen
is after you talked to her, we were going to come back in this room
and have a conversation, not you come back and announce that you've dismissed
her. Where do they waive that argument?
So I think it's important to look at the whole context of the conversation we're
having. This discussion about juror 88 was prompted by her sending a letter to
the judge that said, Can you please call an alternate? I'm experiencing
anxiety and I'm unable to clearly make my decision. So our whole discussion about 88 is whether she's
a viable juror at all. Right. As for Russell's contention that there wasn't enough evidence
to convict him and as to the government's contention that the restitution order should be vacated,
the attorneys put their arguments on the record and there were no questions.
So do we think Russell has a good chance of getting his conviction overturned?
People we've spoken to so far have been split on this, but we're leaning toward no.
At its core, it comes down to what went on in the jury room prior to juror 88's panic
attack and
the courts really don't like to go there.
Judge Gergel had warned the juror not to tell him about anything related to deliberation
in terms of the verdict.
And though by nature of her request to leave and the quick guilty verdict that came afterward
and her offering up unsolicited details to Judge
Gergel anyway, we can assume she was not sure that Russell was guilty.
And even though the court did note that Judge Gergel wasn't constricted to the option
of just removing the juror immediately, the government's argument was that her panic
attack was tantamount to a medical emergency like going into labor or having signs of a heart
attack, meaning by their argument, prior court rulings related to the dismissal of a dissenting
juror shouldn't apply here.
So it's a tough one.
In Elick's case, we feel very certain that Team Murdoch is taking Becky Hill's unprofessional
behavior and taking a juror's buyer's remorse
and they are trying their hardest to make it into a jury-tampering cocktail.
But we're not as certain about what Judge Gergel should have done with Russell.
We do know that Judge Gergel is highly regarded and in particularly highly regarded by the
Fourth Circuit Court of Appeals.
We also know this isn't his first rodeo, meaning
he seemed very aware of sealing up his record in Russell's case during the trial
two years ago. At any rate, that was Russell can't admit defeat Lafitte's
last big chance at pretending he didn't do anything wrong. When the Court of
Appeals makes its ruling, we will let you know.
Okay, so we want to talk about some significant updates in the J.P. Miller case. For those of y'all who might be wondering what old J.P. Miller is up to, well, he filed his first defamation
lawsuit related to his wife's death last week. The suit was filed by J.P. Miller
and Solid Rock Church attorney, Russell B. Long,
or Russell B. Wrong, as we like to call him,
because, well, you'll see.
Now, we knew that J.P. Miller would be litigious
in this story pretty much from day one.
Soon after Micah's death, as media pressure
continued to heat up around JP, he made one big move
that we saw as one of his most defining moments
of the story.
JP, through his attorney, Russell B. Wrong, or Long,
issued a blanketed press release slash cease and desist
to a handful of local media outlets
and TikTokers in early May.
And like Liz said in episode 51,
the letter gave us just a glimpse
of the kind of gaslighting pressure bolstered
by essay attorneys that Micah likely felt
around the time of her death.
I wanna have David read a piece of that
to remind you all because wow.
We hereby demand that all individuals and media outlets cease and desist from perpetuating these
harmful falsehoods. Any further dissemination of defamatory and libelous statements will be
met with legal action. A complete inventory of these defamatory and libelous statements has been conducted.
Those that have, to date, violated Pastor Miller's right to live in peace and to mourn the passing of
his wife respectfully will be held accountable. Those that choose to allow any previously posted
or published false statements about Pastor Miller to remain in the public domain
can expect to be served with civil litigation against them individually and when appropriate
their media organizations and managerial supervisors can expect the same. That letter
essentially said in fancy lawyer letterhead, thou shall stop talking bad about JP.
And it said other weird things,
like pointing out the fact that he didn't groom Micah
starting at age 10.
That's silly, because he met her at 15.
And here's the thing that he didn't mention,
he was 30 at the time.
Like they act like 15 is so much better than 10.
Anyway, in our opinion, that letter showed us who JP was.
A man who appeared to have secrets to hide
and a man who wanted to scare off anyone
who would dare to expose him.
That letter also told us in our opinion
that JP was a man who chose to be represented by
a lawyer who didn't appear to be bright and completely lacked understanding of what defamation
actually is.
A lawyer who apparently doesn't know how to use spellcheck as he has shown us time
and time again.
And also, he's a lawyer who apparently doesn't listen to this podcast.
Or understand how to Google.
Because how many times do we have to say that opinions are not defamatory?
Anyway, JP and Russell B. Wrong didn't stop there with their little letter writing campaign.
After her first appearance on True Sunlight in May,
Micah's best friend Charlotte received a cease
and assist letter from JP and Russell.
The letter claimed to be from the law office
of Russell B. Long.
But when we first saw it, it was hard to imagine
that in a land of no consequences for the good old boys,
AKA South Carolina, this man could
have a law license.
It's hard to think that any lawyer would be dumb enough to put their name on a letter
like this one.
Because guys, he literally misspelled C-Syndesis in the same short little letter that was intended
to scare and silence Micah's best friends and one of her fiercest advocates.
Here is David reading a tiny part of that absurd letter.
Making false statements is actionable within the laws of South Carolina and he said evidence you
may have in your possession should be released to our office as soon as possible for examination
of authenticity.
If you do not have any supporting information for the statements being made, those statements
will be considered defamatory, fabricated, hearsay, or simply opinion.
We ask that you cease and distest all oral and written remarks that are false, unsupported, and unfounded
by evidence.
To allege by opinion, hearsay, or fabrication, especially crimes, is actionable within the
court and we are prepared to take legal action if you decide to dismiss this notice and continue
without supported information.
Please remove any and all allegations, opinion, or statements by hearsay immediately and cease
from placing new fabricated information, whether online, by phone, or in person.
Again, the mentions of opinions there and the failure to understand that they are not
defamatory.
Google it, Russell.
Please.
The letter does not accuse Charlotte of saying anything particularly defamatory, just that
she should stop talking about him and hand over her evidence against him.
Which is not how the law works in this country, by the way.
And again, isn't that abusing the legal system?
Aren't lawyers supposed to understand the law better than us girlies who know how to Google?
Charlotte had a good chuckle when she got that letter because she understands the law,
unlike Russell B. Wrong.
And guess what?
She wasn't the one who got sued by JP last week.
Likely, because the best defense against libel is the truth, which we believe is on Charlotte's side.
So on September 17th, JP Miller filed a lawsuit against paralegal Melissa Mancari in Horry County, South Carolina. We will tell you all about what it says
and why it is so weird in a moment after a quick break.
And we'll be right back.
Your teen requested a ride, but this time not from you.
It's through their Uber Teen account.
It's an Uber account that allows your teen
to request a ride under your supervision
with live trip tracking and highly rated drivers.
Add your teen to your Uber account today.
After decades of shaky hands caused by debilitating tremors,
Sunnybrook was the only hospital in Canada
who could provide Andy with something special.
Three neurosurgeons, two scientists, one movement disorders coordinator, 58 answered questions,
two focused ultrasound procedures, one specially developed helmet, thousands of high intensity
focused ultrasound waves, zero incisions.
And that very same day, two steady hands.
From innovation to action, Sunnybrook is special.
Learn more at sunnybrook.ca slash special.
So the lawsuit filed against a Myrtle Beach area paralegal
who JP says made false claims about him
on multiple social media
sites.
I'll have David read just a couple paragraphs from that lawsuit so you all get the point.
On or about August 30, 2024, defendant falsely and with malice aforethought made an appearance
on quote, the Robbie Harvey, end quote, at the Robbie Harvey.
A YouTube channel with over 105,000 subscribers claiming to be employed as a paralegal in
a local domestic relations law firm.
In this interview, defendant claimed to have spoken with plaintiff many months prior on
a telephone call, purportedly a call initiated
by the plaintiff to seek marital legal advice.
Defendant published to the audience at that time that plaintiff told her that he wanted
to quote, destroy, end quote, his wife and was seeking an attorney that would help pursue
that endeavor. Defendant then went on
in the interview proclaiming that she believed that plaintiff either murdered his wife or had
a role in the death of his wife, neither of which is true. Plaintiff's wife's death had been, at the
time of this publication, ruled a suicide by the authorities in Robeson
County, North Carolina, the location of her self-inflicted demise.
The following day, August 31, 2024, Defendant made another social media appearance for the
sole purpose of defaming and destroying the reputation of the plaintiff.
On this occasion, the defendant appeared on a TikTok influencer's
account for a two-part extended interview for the sole purpose of proliferating the false and
harmful claims about plaintiff. Again, defendant shared lies and untruths about defendant on the
TikTok channel, Steph's Case Files,
claiming to have spoken with defendant in her capacity
as a paralegal months prior, making false statements
alleged to be quotes by plaintiff and sharing her beliefs
that plaintiff was an abusive husband
and was responsible for his wife's death.
This two-part interview was viewed by thousands of people.
The lawsuit goes on to claim that after this interview,
JP started seeing videos of himself on social media,
posted from a location next to his attorney, Tom Winslow's office.
And he asked around that neighboring attorney's office
and figured out that Melissa worked at the office
where he said he was being filmed from.
The next day on TikTok, again spelled wrong,
Melissa claimed that JP stopped by her office
and threatened her,
which JP and Russell say that her boss disputed and quote,
this being just another one of the defendants'
outrageous lies about plaintiff.
JP claims that he has suffered damages to his reputation
as a result of this.
And furthermore, the paralegals alleged lies
about JP have gasp.
Quote, caused a local stir.
They actually said that in the lawsuit.
And they said this local stir has resulted in residents stalking, harassing, and threatening
JP.
News flash to them that has been going on long before the paralegal ever made any claims.
So, as a reporter, I've read hundreds of lawsuits, enough to see red flags like the
big ones here.
The spelling, the vague phrasing when specifics are essential for proof, and the amount of
unnecessary garbage included in the claims made my reporter red flags rise right up. First
of all, it is wild that Russell Be Wrong phrases her statement as a belief, which
is essentially her opinion. He is claiming that Melissa said that she
believes JP either murdered his wife or had a role in her death, not that she stated
that as a fact.
Also, JP, I'll take this one step further.
I believe that JP Miller had a role in the death of Micah Miller, meaning that I believe
that if he would have allowed her to divorce him and leave him a year ago when she initially
filed for divorce, I believe
that she would be alive today.
I have arrived at that conclusion based on the documented evidence of abuse that we have
uncovered in the last three months.
Whether Micah pulled the trigger or not does not matter to me and my personal beliefs of
wanting to see JP Miller held to account.
But also, yes, Robeson County officials concluded very quickly that Micah ended her own life.
This is well documented in public records.
So why are they bothering to mention a belief and a defamation claim if not to just muddy
the waters.
Second, as Liz pointed out on Twitter,
it is telling that JP denied the claim
of having anything to do with Micah's death,
which again, he says Melissa stated as an opinion,
not a fact, so that doesn't even matter.
But in this defamation lawsuit about her statements,
he does not deny that he called her law office
and quote, told her that he wanted to destroy his wife
and was seeking an attorney to help pursue that endeavor.
So was that another slip?
Wouldn't that be the biggest claim
since she stated it as a fact that happened?
Oh, and speaking of claims,
JP Miller, you know, the pastor,
who previously had tried to claim in divorce court
that he made around $38,000 a year in salary
while he was dodging childcare costs,
that guy wants $6 million in damages
for these false claims that he's suffered so much from.
There are many wild and weird things happening with this lawsuit.
But quickly, let's go back to the Lunashark Premium episode on defamation where reporter
Sam Berlin interviewed defamation attorney Becky Lindahl.
And let's start with the very basics.
So what exactly is defamation and libel?
There's libel per se, slander, and too much legal jargon, but let's break it down.
By definition, defamation is the action of harming someone's reputation.
In order to prove defamation, an individual must be able to prove four elements.
The four elements are 1.
Damage or harm 2.
False statement of fact that is proven not to be an opinion
3.
Of and concerning or about the individual 4.
It has to be published
Notice the emphasis on harm to someone's reputation and damage.
JP is going to have a tough time with this one because he has damaged his own reputation.
JP Miller is the one who decided to address his estranged wife's death in the weirdest way possible, by delivering his entire sermon the day after she died,
before announcing that Micah killed herself
at a point where the police had not concluded that yet.
In just one tweet, the clip of him oddly announcing
Micah's death was seen by over 16 million people.
And y'all, read the comments.
Thousands of people formed their own negative opinions
about JP before any paralegal came along.
That tweet caught media's attention from around the world
and got reporters, like our team, filing FOIA requests
and searching for legal documents
to find out more about this pastor
whose wife suddenly died.
In one of those legal documents,
JP Miller's ex-wife, Allison Williams,
accused him of inappropriate behavior
with teenage girls in the church.
And she said that the church elders
completely failed to report that. She indicated that it was criminal saying that she tried to get
them to go to the police. In another legal document, Micah Miller herself told
police that JP groomed her from the time they met when she was a child. So okay if
we want to start with claims against pastor JP Miller that he should worry
about, I think as a society, pedophilia would be a more important claim to dispute than
some paralegal claiming on a couple YouTube and TikTok shows that JP threatened her.
Also, notice that the only specific number that JP gave for the alleged damage done to
his reputation was Robbie Harvey's YouTube following of over 100,000.
But then he said quote unquote, thousands have seen these false claims made by Melissa
without giving any real evidence of those numbers.
And in reality, thousands of viewers listening to this local paralegal is a drop in the bucket
in comparison to the millions of people who have watched JP through his own actions trying
to destroy Micah and her family.
Remember Micah's list?
The long list of accusations Attorney Regina Ward compiled to depict what coercive control actually looks like
and what Micah alleged that JP did to her
while they were married.
Here's a couple of those shocking accusations
that we need to remind y'all of.
The accusation that JP deprived Micah of her basic needs.
The accusation of JP expressing Micah's worthlessness,
claiming that JP allegedly told Micah
she was lazy and mentally ill,
and she wasn't a Christian woman,
if she questioned him or didn't submit to his dark secrets.
Also noteworthy when talking about JP's reputation,
the medical abuse alleged in Micah's List.
Micah's List claims that JP declared Micah bipolar,
forced her to take lithium, a prescription of his own,
monitor whether she complied with taking the pills,
and would forcefully give her steroid shots.
And it says that JP would make her swallow pills,
and if he thought that she didn't
take him he would cut them up and put those pills in her food. Oh and a few other accusations.
Cruelty to Micah's dog. Witch. Oh my gosh we'll have a crazy update on that in just a moment.
Another one destruction of property. Oh and misuse of legal documents and the legal process.
Which, hello, what are we doing here?
If JP Miller was truly concerned about his reputation
and wants to blame someone for that,
wouldn't he start by disputing each claim in Micah's list
and filing a lawsuit against attorney Regina Ward,
who published that list.
Or is she too big of an opponent for old JP and Russell to face?
Or maybe JP should sue himself for the telling text messages that he sent and damaged his
own reputation.
Like the one that he sent to Micah's family just hours after she was found dead, saying
Good job, Francis' family.
This is what happens when you encourage someone to divorce the person they love.
Oh, and to really cement the fact that JP's reputation was damaged long before any paralegal
on YouTube entered the picture.
Over 110,000 people just on YouTube
watched the News Nation Tell All interview this summer,
which JP chose to do.
And let me have David read the top five comments
on that interview, just to give you all an idea
of how the public perceives JP Miller.
Putting a tracker on her car, messing with her tires, and posting an inappropriate picture
of her is absolutely abuse, dude.
1.1 thousand likes.
Also, why is everything about him?
Because he's a narcissist.
This is wild to watch.
He's absolutely delusional.
He keeps stating how great their relationship was.
There is a mountain of evidence that says the exact opposite.
So sick, it's scary.
We need Micah's law.
So divorcing partners can't take possession
of the other's body.
Him being allowed to be with her dead body is outrageous.
We can't all be wrong.
This man drove her insane.
Rest in peace, Micah.
Essentially, when you are someone in JP Miller's category,
where you are largely rejected and not believed
by the public because of your own actions,
it is really hard to prove reputational damage.
Here is attorney Becky Lindahl
from the Lunashark Premium Deep Dive on defamation,
available to everyone through the link in the description.
And please y'all, check it out.
Samper Lin did a phenomenal job
tackling the ins and outs of defamation. And I am thoroughly convinced, in my opinion, But, I think that's a good point. I think that's a good point. I think that's a good point. I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point.
I think that's a good point. I think that's a good point. I think that's a good point. I think that's a good point. I think that's a good point. claims become much more difficult when the plaintiff has a bad reputation to begin with.
Perception is reality, right? So if you have a bad reputation and you're trying to prove
reputational damages, then your damages number is going to go down. And that's what the
defendant's always looking at. Liability would be one victory to get out of liability. But
then another victory, if you can't get out of liability, is to get that damages number
as close to zero as you can. And that's where, you know, a good defense lawyer defending a
defamation claim is going to, you know, hire a private investigator to go find out what
your reputation is. They're going to look at all your social media. They're going to find the
neighbor you pissed off by parking in their driveway once and go and go talk
to them.
Is that really what you want in your life?
Normally, I would say this would be good.
Could the lawsuit backfire and cause dirt to be unearthed on old JP?
Maybe, but unlikely.
I don't see this lawsuit even going that far,
because JP cannot get past prong one.
It would be nearly impossible to show damage
to his reputation when his reputation was undoubtedly
already at a low point,
when the paralegal allegedly made false statements
about him.
But what bothers me is that with our current system,
it doesn't even matter.
I told y'all how I was sued in 2022
and that claim was completely frivolous
as a judge ultimately decided last year.
But that lawsuit sat for two years
before I was officially dismissed.
David and I spent over $30,000 defending that claim because our system has no process for
a case like this one that doesn't even pass the first whiff of a smell test.
In my case, the truth was on my side, the law was on my side, and I was privileged
enough to have the money to find a good defamation attorney in case the system went haywire.
I lost a lot of sleep thinking about what if my case ended up with a judge who I had
called out in my reporting. So I paid for the best attorney I could find, simply in fear of getting screwed
by the same justice system we have exposed in this podcast.
But I learned from that. I learned a lot from that. I learned that the system welcomes baseless
claims, perhaps because our legislator is run mostly by attorneys who profit from this.
And it typically takes years for those claims to be dismissed, even if you do everything
right and there really is no claim to begin with.
I've learned that there are rarely consequences for lawyers who take on these frivolous cases
that are nothing more than litigious bullying and abusing the justice system.
If you do want your money back, or if you want the attorney to be held accountable in your case,
you have to pay more money for your attorney to fight for that.
And it is essentially a game of exhaustion.
A game in which narcissists, with lawyers on their side, love.
For us, it was not worth the headache to continue to fight for accountability in a case that
I had already won.
But I do want to say as a side note to the few hundred thousand people listening to this
episode...
Shame on you, Bill Padgett of the HHP Law Group in Columbia, South Carolina. Shame on you for filing that frivolous case against me
that never had a chance of succeeding.
Shame on you for not dropping it when you should have.
And shame on you for filing other meritless claims
against other hardworking journalists who did nothing wrong.
We all have a job to do,
but you chose to do this with your law degree.
I don't forgive and I don't forget. I will continue to tell anyone who listens in the
Columbia, South Carolina area that you, Bill Padgett of the HHP Law Group, that you chose
to legally bully journalists. Your decision to bolster the BS claims against me
by choosing to represent an unhinged woman
who harassed me for years
and even threatened a judge with scorched earth.
Well, your decision to file that lawsuit
emboldened those against me
and largely contributed to the depression
that I am still recovering from.
Maybe in the future, lawyers like yourself will pause and say no when they are tempted
to make a cheap buck off of a baseless claim. Or maybe you will continue to poorly represent
lawyers in South Carolina. Your parents must be so proud.
Your parents must be so proud.
Sorry, that was a side note because I really needed to say those things. Baseless defamation claims are obviously personal to me,
and it is important to me as a journalist to share where I'm coming from
and why I believe the attorneys who use their law licenses,
which provide them special privilege above the law
that everyone else has to follow,
emboldens dangerous people
and play a huge part in the problem.
That said, in my opinion,
Russell B. Long slash Russell B. Wrong
has proven himself a number of times through this lawsuit, through his cease and desist claims,
and through his absurd statements made
during that wacky press conference in July
where he said no one is investigating JP.
He has proven to us that he is just another
good old boy attorney who does not care about the truth,
about the law, or about the greater good of society.
He has gone to bat for J.P. Miller
and Solid Rock Church from day one.
But the question is why?
If we're talking about reputation,
can I just say no one cared about Rusty Russell
and Myrtle Beach before he started going to war for J.P. Miller in May.
He was known locally, but he was a far cry
from a Dick Harputlian of the legal community, which, LOL.
But now here is Russell putting his name next to J.P. Miller's
all over the internet, and none of it is good.
So what's in it for Russell?
To us, it seems obvious what JP Miller is doing,
trying to scare people from speaking out against him.
They tried this before with a blanketed cease
and desist claims and the weird demand letter to Charlotte
and none of it worked.
Sources continued to speak out about JP
and media continued to publish their claims.
So it looks like they decided to take it up a notch
and they filed a lawsuit perhaps against someone
that they believed wouldn't fight back
and someone maybe who they perceived as the easiest target
to get their point across in an attempt
to create a chilling effect.
But notice how they didn't sue any of the people who actually published these supposedly
libelous statements.
Why not sue Robby Harvey, who by the way has over a million Facebook and TikTok followers?
And I'm not encouraging this, by the way, but why not start with him?
Without Robby, Melissa likely wouldn't have the ability to communicate her slanderous statements about JP in a message that would reach quote unquote thousands.
It's odd to me to see a defamation lawsuit that doesn't go after the people who actually publish the claim.
I want to note that Robbie addressed the lawsuit in a YouTube on September 18th and he said that Melissa stood by her statements and claimed
the law office had proof that JP called that office.
Robbie also said on YouTube that if he finds that any witnesses lied to him, he is going
to be furious and he will publicly call them out for those lies.
Reporter Beth Braden called the office where Melissa allegedly worked as a paralegal multiple
times on Wednesday to see
if she was still employed there.
No one ever answered or called back with a reply.
So maybe he did do this to scare people into silence.
Or maybe this is JP's attempt to feel in control of the narrative as multiple news
outlets covered this lawsuit.
Ultimately, it doesn't matter why.
It matters what the system chooses to do
with a lawsuit like this one
and what message they choose to send to the people
who are abusing the system.
And we'll be right back.
Okay, so interestingly, as we were working on this episode, we received a number of FOIAs
back from the Horry County Police Department, and we have to talk about one of them right
now because it is egregious and why does this always happen on a Wednesday?
Before we go into it, we need to mention that this report
was made on June 3rd of this past year, which is after Micah's death was all over the news.
And we want to remind everyone that police reports are just that. They are simply reports
of allegations. It's public information, which makes it fair game for us to talk about as fact in terms of this thing exists and
our taxpayer funded public servants were employed in service of it. But reports of allegations
do not automatically mean there is any credibility to the claim. You are so going to understand
why I'm saying all this in one second. We just want to stress that allegations are allegations. They are not a sign of guilt. That said, on June 3rd, Horry County Police
Department received a call from someone. The report identifies this person by
their name and relationship to the case and notes that this person is asking to
remain anonymous so even though they've redacted the person's name, they
probably should have redacted those other details. We're going to honor the anonymity here. The police were called
just before 11 p.m. and alerted to a report of potential animal cruelty at
JPMiller's house. The CAD report says the caller described a very small black and
white pom-chee dog as appearing skinny and overly aggressive according to the report.
And it noted that quote, things did not look right physically. It's this next line where things get
really weird. So I'm going to quote it. Coller states and we're redacting this person's role,
but they refer to Micah's death and an open investigation into her death and soon to be ex is looking to
involve their dog sexually. Dog groomer states there has been evidence of this
and was told they were also making a report tonight. Then it notes that Micah
told this person about this in March before she died and I should note that
we do not have a report from any dog groomer. We don't know if one exists yet.
The report we do have notes that there were any dog groomer. We don't know if one exists yet. The report we do
have notes that there were two dogs on the property. So, okay, let's all take a deep breath here because
luck and wow. So this seems to be an accusation of bestiality against JP Miller. Again, anyone can
make an accusation about anything, although filing a false police report is a crime.
We have seen no other reports of any behavior like this on JP's part.
It's not a standing accusation against him, nor does he ever face any charges.
If we take the report in good faith, it's someone reporting a concern they had based
on something the dog groomer allegedly said she saw and something Micah allegedly told
this person. If this is something Micah believed to be true
before her death, then it really speaks to the pernicious and I'll just say it evil things that
she was dealing with in those last few months of her life. If she believed this to be true,
then she was operating under fear that her dog was getting hurt. Obviously, we need to note that
someone taking a dog to a dog groomer would be an indication
of properly caring for the dog.
We also need to say that if this report was made
in bad faith, it would be very understandable
why JP Miller felt like he was being wrongfully attacked
by the public.
And we will note that this accusation
was not specifically included in Micah's list,
the list of alleged coercive control and abusive
behaviors, the Micah's legal team has accused JP of inflicting on Micah, behaviors that they say
contributed to her death. However, the list did outline JP's alleged cruelty to Micah's dog.
Here's David with what it says. JP threw Micah's belongings out of the house and then demanded that she quote,
come get her dog, end quote. She could not keep the dog at the apartment she was staying in
at the time and he knew that. When she did not immediately get the dog, he took the dog to her
apartment and tied the little dog to the front door handle. He knew that she was not home
and he left the dog there. She had to leave where she was at the time to go home to get the dog.
She found a home for the dog but when JP found out about her giving the dog to someone else,
he went there and demanded the person give the dog back.
So what came of this phone call to the police? And most importantly, what about the dogs?
Police noted that they drove by JP's house that night and that the area was quiet and
his front door and garage were closed. But that's it. There's no other information.
We reached out to the Horry County Police
Department to ask whether this allegation was investigated after June 3rd because in
addition to the CAD report containing very few details, we have sent so many FOIA requests
to Horry County and here we are, we still continue to not get the complete picture.
They seem to be sending us only the records they consider responsive at the time without noting that other records exist and are just
not being given to us, which is a violation of South Carolina FOIA law. But truly, it
has been unbelievable all around. The department has a director of communications who describes
herself as a master PIO, that's Public Information Officer,
and she describes herself as an expert in crisis communications. We went all day Wednesday past
our deadline and still we heard nothing from Horry County. It wasn't until 7 p.m. that we got a
response from Michaela Moscoff, the Communications Director for Horry County Police Department. Now, why was that? Well, because Mandy, Beth Braden, and I tweeted about it Wednesday night.
Within an hour after we tweeted about how the department has given us
nothing but radio silence over the past few months, we got an email. It took us embarrassing them
publicly for them to do something. After months of us asking
them to do their jobs, according to the law, it took us turning to social media. Which turns out
we weren't the first. We found a tweet from June in which another person had called out Horry County and Michaela for being evasive and unhelpful. It shouldn't be this hard.
The very first page of the South Carolina Public Officials Guide to
Compliance with the Freedom of Information Act handbook has a letter
from Governor Henry McMaster. He writes, as public servants we should always
endeavor to maintain the public's trust and
confidence in their government. In that spirit, I hope you will remember, and remember he's talking
to public officials here, when in doubt, disclose. A few pages after that is a letter from State
Attorney General Alan Wilson, who writes, when fulfilling a request, remember,
a vigilant press corps is a requisite for good government.
As public officials, we have an added obligation
to aid members of the media with their quest
to properly inform the public.
The email we got from Horry County Police Department
was bare bones, and it again skirted
the major issue, which is that this department doesn't tell you when it's excluding things
from your FOIA.
Again, the law says they have to tell you that they're not giving you something and
cite why they believe it isn't responsive to FOIA.
This police report from June 3rd should have been given to us months ago or after any of the multiple times we've asked for reports with JP Miller's name in them.
Now had this been an open investigation, not giving it to us would have made sense.
But according to Michaela's post Twitter email to us, there was never an investigation
into this.
Officers drove by JP Miller's house sometime before midnight, noted that
the house was quiet and the doors and garage were shut, and then they went on their merry
way. They apparently looked at the empty driveway and determined, well, no dog here, must be
no dog sex then, and concluded their inquiry. The lack of investigation of even a simple phone call
to the dog groomer means this claim just hangs out there
in public records with no conclusion.
And when you think about it,
when you think about how difficult it was
to get basic answers to basic questions,
it now becomes all the more clear
why Horry County treats public information this way,
because they know it exposes their sloppiness.
Also, if there's one thing we learned Wednesday, it's that they cannot handle criticism.
In response to us calling her and her department out, Mikayla Moscoff, the PIO for the police
department made her Twitter account private.
The next thing we need to talk about in the Micah Francis case is Dr. Shadi Duchesne.
We are going to talk about Micah's alleged suicide attempt
in March 2018 next week.
Breaking news keeps getting in the way. Anyway, we have fielded a lot of questions from listeners,
including many licensed therapists and psychologists,
about this doctor and whether she had any personal connection to JP.
Basically, they want to know what is up with her,
because her reports tend to strongly rely on JP's narrative,
even when she's also noting behaviors that would lead the average person what is up with her because her reports tend to strongly rely on JP's narrative,
even when she's also noting behaviors
that would lead the average person
to question his credibility.
We totally get why his narrative matters, by the way.
We understand why Dr. Juchesny
would include his take on things to a certain degree.
It makes sense that one spouse's narrative
would be relevant when the other spouse is in crisis, but there's a difference between
accounting for the existence of that spouse's narrative and seeming to side with it in a
way that could be considered less than professional.
And there are times in Dr. Duchesne's reports that seem judgy and sometimes even scolding.
Throughout the reports, she sometimes refers to Micah as they, indicating that she might
have subconsciously viewed JP and Micah as a single unit.
In one report, she outright says that Micah became argumentative about therapy and blood
tests and said, quote, this is because she doesn't like hearing anything contrary
to what she wants to do which feels awfully close to an emotional reaction
to Micah's concerns. So what's up with Dr. Duchesne, right? We mentioned in
previous episodes that despite JP's apparent hefty budget for big boy toys,
he didn't have health insurance for him and Micah, according to the records.
That meant that Micah was cared for by state-funded facilities. And it meant,
as Dr. Duchesny repeatedly noted, that sometimes they couldn't and wouldn't follow through with
her care as prescribed. Such as, when Micah wasn't able to get a shot
that would have helped her deal with a side effect
from one of her drugs.
And such as when Micah came into the office
expressing suicidal ideation
and Dr. Duchesne only recommended she be hospitalized.
Dr. Duchesne, as it turns out,
has a bit of a checkered past when it comes to her
ability to practice medicine. This is something that was first reported by YouTuber Robbie Harvey.
According to news reports from the time, Dr. Duqueen, who is also listed as an addiction
specialist, had her license to practice medicine in Pennsylvania suspended in October of 2009. A notice in
the Daily Item in Sunbury, Pennsylvania said her license was suspended for not less than
three years. On January 3, 2010, the Press Enterprise in Bloomsburg, Pennsylvania wrote
that Dr. Duquesne had been convicted of not keeping records of prescribing oxycodone between 2007 and 2008, which it is very unclear why
a psychiatrist who is an addiction specialist would be prescribing oxycodone, one of the
most abused medications there is out there, and not keeping records of doing so.
Other than, oh, shady. The paper wrote, those particular prescriptions aroused
suspicions because they were all written for Neveo Crespo, but filled at several different
pharmacies, sometimes within days or hours of each other. The paper noted that Dr. Duquesne
was a psychiatrist at a Pennsylvania State Hospital and that she was
also once the medical director for an addiction treatment center. In addition to losing her medical
license for at least three years, according to the paper, she was put on probation for five years
through the criminal court system. Now, let's talk about Dr. Duquesne in South Carolina. According to
a Freedom of Information Act response we got, there have been two complaints
filed with the South Carolina Department of Mental Health related to Dr. Duquesne. Both
were made in 2020. The first complaint was made in January 2020 and appears to have been
unfounded based on the notes. A patient had accused Dr. Duquesne of not filling her prescriptions
properly and not seeing her in a timely manner. When they went to investigate the claim, they found that the complainant's number wasn't
working and there was no record of her being a patient of Dr. DeKane's.
The second complaint was made in May 2020.
In it, a patient accused her therapist of interfering with her disability claim by telling
Social Security Administration officials that the patient was coming to the mental health
center just to get disability. It's a little confusing though. The Department of Mental Health redacted
the name of the counselor but then refers to Dr. Dekeen by name later in the report and uses her
name in the January report. So it's possible that this complaint was originally about another
clinician. It's also possible that this was just sloppy redaction.
The complainant accused the clinician of telling the board that she was not mentally ill, and
the clinician denied this to investigators, saying she did not speak to the Social Security
Administration.
The investigator who looked into the case reviewed the records that were sent to the
disability board and noted that though the board had requested her medical records,
only the psychiatric medical assessment notes for four of her appointments had been sent.
In one of those assessments, Dr. Duquesne had written in the patient's notes, quote,
It seems at times that she is seeking treatment to obtain disability, but has no intentions
to get on meds.
The investigator told the patient who had no income and was living with her daughter that
ultimately the decision was up to the Social Security Administration
and that she should meet with her counselor to discuss resources.
The patient asked to switch therapists.
Again, we're not sure if she meant Dr. Duquesne or another clinician.
Either way, no wrongdoing was found on Dr. Duquesne's part, at least not noted in this
report.
It does, however, bring into question what we talked about a little bit ago, right?
Dr. Duquesne's note seems more glib, more casual than it should.
Rather than just state that the patient is refusing to take meds and maybe noting that
she explored the reasons why the patient didn't want to take her meds, she projects a potential
motivation, potential, as in she's kind of guessing here when let's face it,
a lot of people don't want to be prescribed psychiatric drugs,
especially if they have no money. That said,
the temporary loss of Dr. Duquesne's medical license is a big grain of
salt. According to news reports,
she was 49 years old at the time she lost her license,
which means she was a full fled at the time she lost her license, which means she
was a full-fledged professional adult and knew better. It means that she engaged in behaviors
that were unethical and illegal. It's something we need to consider. Like I said, it's a big grain
of salt as we continue to share Micah's medical reports with you. We don't have any reason at this
point to suspect that Dr. Duquesne did anything wrong in Micah's case, but we certainly have reasons to ask questions about the tone and tenor
of her reports and the authority she gave to JP and his accounts despite him admitting
to her that he had shared prescriptions with Micah right at a time when Micah was experiencing
serious suicidal ideation.
Before we go today, we want to quickly talk about the conspiracy case brought by the family
of Mallory Beach against gas station owner Greg Parker.
And we want to talk about some of the disturbing things that are going on with that case as
Mallory's family continues to fight for a better system for all of us.
Parker, as you know, is the owner of Parker's Kitchen gas stations and convenience stores
where Paul Murdock purchased alcohol underage using Buster's license on the night that
he drove Elick's boat into a bridge five years ago,
killing Mallory Beach.
Parker, along with Ellic and Buster,
was a defendant in the wrongful death case
filed by Mallory's family in 2019.
That case led to two major events.
One, it threatened to disrupt and reveal
Ellic's then still unknown and extensive crimes
against his clients and law firm,
leading him to feel the kind of heat
that made him murderous.
And two, it opened some sort of portal to hell
in Greg Parker's soul and caused him to,
at least by all outside appearances,
treat this case like a sport or a challenge,
like some sort of personal squid game. And though he settled the case like a sport or a challenge, like some sort of personal squid game.
And though he settled the case
for a reported $15 million last year,
he still didn't go down without a perverse
and frankly sloppy fight.
And it's that perverse and sloppy fight
that led to a second lawsuit getting filed
by the Beach family in late 2021,
accusing Greg Parker of being behind the leak of confidential court materials,
which included photos of Mallory's body when she was found in a creek bed five
miles from the boat crash a week later. Greg Parker is accused of using those
materials as a tool to shake the resolve of the Beach family in
pursuing their wrongful death claim. He denies this and denies authorizing any leak of materials.
Nevertheless, those photos ended up in a sizzle reel for a documentary that was produced in
part by a known associate of Greg Parker, the same guy who also published a very long and very
strange blog about the Murdoch family and the boat crash victims shortly after the murders.
And that blog included details that had not ever been made public before. These were details
that seemed to be used to steer the blame away from Parker and more toward the Murdochs
and the boat crash passengers, including
Mallory herself.
So, the second case is the civil conspiracy case and it has been a scorched earth situation
so far, which makes sense because it threatens to fully expose the lengths Greg Parker's
team might have gone to in trying to prevent what seemed like the inevitable in the wrongful
death case and ended up being the
inevitable actually, meaning the large settlement. The big question now though is what lengths are
Greg Parker and his team willing to go to now to stop people from knowing whatever lengths he may
or may not have gone to back then? So far, their tactics have included an ongoing attempt to get Mark
Tinsley, the Beach Family's attorney, removed from the case, lying in court filings and trying to
trick the court into thinking that the issue at hand is talking to the media because they want
to equate the allegations against Parker to run-of-the-mill conversations Mark may or may
not have had with the media.
Oh, and they also filed to have the judge removed from their case, a judge who was ruling
more in the Beaches' favor than in theirs.
He ended up withdrawing from the case earlier this year amid his own scandal and a successful
secretive campaign to have him removed from the bench altogether.
Which seems awfully suspicious, right?
But the same judge's name has also been associated with a major FBI sting that has Charleston
lawyers of all shapes and sizes very worried right now.
We'll keep you posted on that one.
There has also been some clownery in this case.
Like the time it was discovered that one of Parker's attorneys was DMing the judge's clerk over
Instagram about the case after hours, which is more than not cool.
And then there's the time when the new judge in the case, who is Judge Doc Morgan,
hired a law clerk who is also an intern from Debbie Barbier's very small law office.
Debbie, who you might remember as Corey Fleming's
attorney, is also one of Parker's attorneys, but her law clerk getting hired by the judge in this
case seems like an awfully big coincidence, right? And that law clerk who worked in Debbie's office
at the same time she was repping Parker in this case and in the boat crash case to a certain extent
appears to have sent correspondence to Parker's team and the Beach team on behalf of the judge, which
would be a violation of the Code of Conduct for staff attorneys and law
clerks, according to a memo filed last week by the Beach family asking Judge
Morgan to recuse himself from the case. And y'all, this is a mess. Already Judge
Morgan is responsible for seemingly
unprecedented ruling in Parker's favor. Going back to the part where I said Parker's
team wanted to equate run-of-the-mill correspondence with the media to the accusations that stand
against Parker, Judge Morgan ordered the Beach attorneys to turn over any emails and text messages they have with reporters.
Why?
Well, who knows?
To validate a false equivalency?
To allow the defense to stall for time?
Or maybe Judge Morgan did it to prevent Parker's attorneys from whining about fairness down
the road.
Whatever the reason, it was a weird decision because the Beach attorneys aren't accused
of wrongdoing.
From where we sit, it looks like the judge gave into strategic bullying.
Taken on its own though, it's like, fine.
Judges make weird rulings sometimes.
We can't read into everything, but then this happened.
On August 14th, Judge Morgan disclosed
to the Beach attorneys that this law clerk
from Debbie's office was now working for him,
which was a surprise to them, according to the filing.
At that juncture, the judge asked the Beach family
if they were comfortable with him continuing this case.
According to the filing,
the Beach family said they were not.
Why is that?
Because like we said,
the clerk appears to have already involved himself
in the case.
Two hours before the judge informed them
of the law clerk's connection to one
of Parker's attorneys, that clerk appears to have sent an email to all parties according to the
filing. At a hearing on August 20th, the judge refused to step down though. Strange, right?
When he alerted the Beaches to this potential conflict, they were like, thank you, yeah,
please step down. But instead of doing that, Judge Morgan doubled down in the opposite direction. He said that the email was sent by his old clerk, not this new clerk, which,
okay, but why would the old clerk sign the email with the new clerk's name and number? Also,
according to sources, this is a normal changing of the guard. It's when a new clerk takes over, they
indicate this with that new signature. Better question,
why was the judge trying to minimize the situation?
If the new clerk sent that email,
then it's a clear violation of the code of conduct.
That's what the beaches argue. But now there's a second issue.
And that's that the judge is refusing to step down because the question then
becomes, is he trying to stay on
the case for a reason and if so what is that reason? His apparent refusal to step down now
raises another point which is the appearance of impropriety and it gets even more weird.
According to the filing when Judge Morgan was running for election in 2021. He told the state legislature in his
questionnaire how he would handle a motion for recusal. Here's David with what Doc Morgan
said back then when he was just an attorney from Greenville.
I believe you have to give deference to the party requesting recusal. My opinion on this
issue is that the analysis is an objective one, not a subjective one. In
other words, would a reasonable person, after hearing the circumstances, perceive
that situation as unfair, thereby necessitating recusal, not whether you
personally feel you could be impartial and fair. However, the request must
have a reasonable basis and cannot nor should not be a ploy to simply remove me by making up
unreasonable and unfounded issues. So what changed? It seems pretty straightforward from where we sit that given the history of this case
that the judge should have recused himself. In their brief, the Beaches say that they did not
want to file this memo because by filing it, they were now putting on the record yet another
apparent problem with a South Carolina judge. Yet another problem.
After everything we have seen since the boat crash in 2019,
five years of questions and examples
of judicial misconduct of certain South Carolina judges
favoring the wealthy and the connected.
We are still having this conversation?
Why does Judge Morgan seem to want to be on this case so
badly or is this just a regular old case of the Robitis? Does he put on the robe in his
earlier beliefs on recusal and the appearance of impropriety become so unimpressed by his
new status that they were like, bye.
From the start, this case has been about the lengths a wealthy defendant might have gone
in order to minimize his own accountability.
And in the almost three years since this case has been filed, it has never been about the
actual accusations, the actual merits of the case.
Instead the parties have been locked up and Parker's repeated, and in our opinion, misled
and puffy, attempts to stop the train before it can even leave the station.
Instead of helping get this case to a point where the train can start running, we now
have a judge joining the defense
by lying down on the rails.
At the moment, we've yet to figure out why.
We only know how it looks.
Stay tuned, stay pesky, stay in the sunlight, and see y'all at Coco's this Saturday. True Sunlight is a Lunashark production created by me, Manny Matney, and co-hosted by journalist
Liz Farrell.
Learn more about our mission and membership
at lunasharkmedia.com.
Interruptions provided by Luna and Joe Pesky.
The justice system can be intimidating,
but it doesn't have to be.
We all want a drink from the same cup of justice,
and it starts with learning about our legal
system.
My name is Mandy Matney, and together with journalist Liz Farrell and world-renowned
attorney Eric Bland, we create the perfect trifecta of legal expertise, journalistic
integrity and a fire lit to expose the truth wherever it leads.
We all encounter a part of our justice systems at one point,
so why not get prepared while being entertained with tales from the newsroom and the courtroom?
Cup of Justice has amazing special guests like Sheryl Crow, Benny Politan, Emily D. Baker,
and other experts to share their take on the bright side of the truth.
Lunashark Media invites you to gain knowledge, insight, and tools to hold your own or hold
public agencies accountable.
Search for Cup of Justice wherever you get your podcast or visit cupofjusticepod.com.