Monday, June 9, 2014

Engaging in the Unauthorized Practice of Law in Indiana - Part VIII The Factual Allegations: Suppositions or Does evidence demonstrate that G. Michael Witte sexually molests children?

On 13 May 2014 G. Michael Witte, Attorney No. 1949-15 filed a Verified Petition to Enjoin the Unauthorized Practice of Law against yours truly. In this series of postings I will present to you some information about Mr. Witte, why Indiana Supreme Court Justice Steven David denied my motion to reinstate a felony charge against myself, what Indiana judge recently said I am smarter than most attorneys, and why attorney Vanessa Lopez Aguilera complained. More significantly though I will demonstrate how Mr. Witte and his ilk are attempting to harm children and deprive parents of opportunities to amicably and efficiently resolve their child custody disputes consistent with the policies of the State of Indiana.


Response to Petition to Enjoin the Unauthorized Practice of Law

State of Indiana
v.
Stuart Showalter

In charging an act of wrongdoing it is a principle of law that the alleged facts support the conclusion. In common parlance this is the reasons for the charge. It may be more formally known as the factual basis or in criminal law – probable cause. In this and some upcoming postings I respond to the particular factual allegations as put forth by Mr. Witte in his Verified Petition. Today I conclude my commentary on the alleged facts with the two suppositions about directly providing lawyer services to Indiana residents. Each numbered paragraph corresponds directly to the allegations in the Verified Petition.

Paragraphs 31 - 32 The Suppositions

31] There is not enough information in this paragraph for me to either deny or confirm. An Indiana resident has not been identified in this paragraph. All of the legal advice that I have given directly to an individual has been to Mr. Mogatobi Engatu of the Nigerian Ministry of Defense who needed help in transferring $30 million to a U.S. Banking institution for which I was to receive $9 million. I suggested that he not randomly contact people through email about this type of matter.

32] There is not enough information in this paragraph for me to either deny or confirm. An Indiana resident has not been identified in this paragraph. All of the legal documents that I have drafted directly for an individual have been for Mr. Mogatobi Engatu of the Nigerian Ministry of Defense who needed help in transferring $30 million to a U.S. Banking institution for which I was to receive $9 million.

Witte's suppositions in this regard are to the extreme in being baseless and without merit. Witte lacks any semblance of logic or cogent reasoning in his connections between the factual allegations he makes and ultimately these alleged factual suppositions. In previous postings I wrote about how Witte has alleged that I provided legal opinion to three Indiana attorneys who represented life coaching clients of mine. Included in some of those were Witte's self contradicting statements and the contents of an email from one of the attorneys – which directly contradicts what Witte alleged – which was sent to me recently. Witte then makes the gargantuan leap from those attorney interaction to I have directly been advising Indiana residents on their family law matters and preparing their pleadings for them. As is typical with me I like to make analogies using real world scenarios which I will apply here.

So let's say that I happen to be in New Palestine riding past the home of Witte and his wife, Dawn, when I see the postal carrier deliver a magazine in a sealed black plastic bag to their home. To verify my suspicion of what was being deliver I do a dumpster diving investigation on trash day and sure enough I find the previous month's well worn issue of their favourite pornographic magazine. Additionally, I find discarded physical evidence of their copulation and photographs of children in their trash. Additionally during my travels about the area I had seen children enter their home. Based upon these factual circumstances it would be logical to assume that Michael and Dawn use a little pornography to stimulate their sexual encounters with each other and that they likely have children in their family or grandchildren visiting. I trust that you agree this is a rational assessment of the evidence I presented.

Now let me add some Witte logic to this scenario. Upon information and belief, G. Michael Witte has possessed child pornography and he should be enjoined from directly possessing child pornography. Upon information and belief, G. Michael Witte has engaged in Vicarious sexual gratification with persons under the age of 16 years and he should be enjoined from directly molesting children. I trust that you agree this is a irrational presumption as the factual allegations include only the few lawful elements of the fully inclusive list of elements of possessing child pornography and molesting children. Having consensual sexual relations between consenting adults in a home where children also reside does not mean that children are being sexually molested. Likewise having pornographic images of adults while concurrently having photos of children fully clothed does not equate to also possessing child pornography. But Witte doesn't make such distinctions. He believes that satisfying any of the elements of the broader scope of all necessary elements of a charge constitutes a violation of the charging offense requiring court intervention.

Such is just not the case. The residents of Indiana would certainly be better served by having officials who fully possess the necessary mental faculties in the position of making these allegations. Likewise when attorneys do engage in unethical practices like intentionally lying to a father to get him to violate a child custody order and disrupt the lives of children they should be reprimanded by Witte. But, that doesn't happen. Until such time as he is replaced we will have to make do with the logically encumbered brain of G. Michael Witte that allows intentional unethical actions by attorneys which harm children to continue.

Upcoming segments in this series will include
IX - Interview with the Complainant: Attorney Vanessa Lopez Aguilera
X - The Charges
XI - Who has recommended me and my Conclusions
XII - The Response Filed

If you would like to contribute any information about this matter or participate in the Response then please contact me.

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