As I noted earlier this year back on February 19, I prevailed in my second FOIA lawsuit in the court of the Honorable Peter J. Wadel at a summary disposition hearing.  In a summation of the day I added: 

"The City got admonished for not supplying the records and all I got was the money I invested in the lawsuit and the records unlawfully withheld (like most FOIA actions), and the legal affirmation that the City of Ludington just wasted your hard-earned tax money defending their untenable actions.

Enjoy living in the knowledge that your City leaders willingly and arbitrarily violate the law which make actions like this necessary, spent $125 per hour rather than less than a tenth of that for a FOIA Coordinator who made this arbitrary decision to withhold non-exempt records, and then spend thousands in legal fees defending their neglect of the law."

At that time, the order had not been wrote out, the judge entrusted the City's attorney, Andrew J. Brege, to accomplish that task.  After Brege wrote one that was vague on specifics and did not include the amount in damages (which I had provided him before the next business day after the hearing) and indicated he would contest paying a couple bucks in mileage for me to travel to the Preferred Credit Union on Jebavy to get documents notarized, he forced another court meeting where it was found that the amount needed to be specified. 

The City of Ludington had wanted to withhold the entirety of a LPD arrest report saying it was an investigative record, and needed to be exempt; it had no open investigation in it, and just detailed a 'routine' arrest of a Ludington citizen named Gene Foster.  They released it in its totality after the lawsuit started, and the record spoke for itself-- there was nothing in it that was exempt other than the SSN and the phone number of the arrested and his wife, which weren't redacted.

The Foster case in court was recently wrapped up for the most part in that a plea has been agreed to between him and the state, represented by County Prosecutor Paul Spaniola.  The only item left to be decided in the state's case against Gene Foster (pictured above with public defender David Glancy) is the judge's declaration of punishment, to be decided in early June at a sentencing hearing.  It looks favorable as to what he could have been charged with, in two crimes that were set up by SSCENT.

SSCENT is a multijurisdictional police task force set up to go after illegal drugs, their sellers, and their users, but they seemingly have gotten into the business of trying to entrap medical marijuana card holders by having criminal confidential informers (i.e. drug offenders trying to reduce their penalties) off-camera tell the legal user of MM, who are not suspected dealers themselves, that their friend (an undercover SSCENT officer) is in town, is a MM card holder, and is suffering big time without any access to their medicine.  

Personally, I believe using police resources as they did in this case to create crimes and criminals is more deleterious to our society than what happened at their staged sting operation, and I am willing to defend that viewpoint stridently after the sentencing of Foster takes place.   Yet I am equally strident in keeping my friends and society in general away from drugs that have no medicinal value to the individual using it. 

In the Tuesday, April 26, 2016 COLDNews, an article was written by Brian Mulherin over a bit of stale news that happened the previous Thursday covering the plea of Gene Foster made in court.  But, as you will read, the article seems more interested in a peripheral issue, my FOIA denial that I took to court.  As you can see, the article devoted more time and inches to that than the plea issue:

Although many paragraphs were devoted to the FOIA case, it never touches upon the court finding of that case which was made back in February, and officially settled about a week before Foster made his plea, here's the official and signed order by Judge Wadel granting myself (***drumroll***) $211.80 :  FOIA2-Order.pdf  I had even received my check for that amount before this article was written signifying a close of the case, as seen below:

Mulherin is typically a fair guy, as you would hope a journalist who handles court proceedings would be, but this article leads me to suspecting an ulterior motive on his part, or the new COLDNews editor's part. 

1)  As usual, the generic COLDNews reporter contacts the City's John Shay, but not me about the FOIA lawsuit.  My phone number is in the court documents, my E-mail address is well known.

2)  The important point left out-- namely, the conclusion, order and findings of the court in the finalized documents showing that I prevailed and was awarded all costs and disbursements-- should be classified as good news for media and exalted.  Here it is totally ignored, which is perhaps better than the treatment they gave me when we prevailed in the first FOIA lawsuit, even after City Manager Shay willfully swore falsely (perjured himself) in court documents, and the city taxpayers footed tens of thousands in legal costs.

3)  The facts and filings behind my lawsuit, including my status as a candidate for city council are spliced into an indirectly related story about Gene Foster pleading guilty to serious drug crimes.  How best to impeach a candidate's character than to have him be the main focus under a headline declaring someone pleads guilty of delivering marijuana?  But I didn't even know what a "Gene Foster" was back when he provided medical marijuana to an uncover officer at no profit to himself.  The actions of our public officials throughout Foster's odyssey is what intrigues me about the case, but again, more on that later. 

I may never get the nod for being the local crusader for the release of public information around here, at least not portrayed in the good sense, by the City of Ludington Daily News, but they will at least associate me, and not those who break the FOIA law at City Hall, with other common criminals, whether they deserve the appellation or not.  At least I know in my heart that I am providing a necessary public service; can your typical COLDNews writer say the same?

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After I read the article I thought it was strange that you were the main topic in it. I didn't put it together until I read further down in your post. The only explanation that can be found for why you were the star of that article escaped me, but when you reminded us of your Council candidacy it became all to obvious that Mulherin is in cahoots with LDN's new editor floozy to smear your name in public. This is a nasty piece of work that Mulherin and the LDN have put together and only confirms that fact that the LDN is a real piece of sh_t. Who or why would ever take Mulherin seriously after this dirty piece of writing. He must be the new editors boy toy.

Now that I've shown the order stating that I prevailed against the Michigan Municipal League's attorneys, and previously broadcasted the city's dubious reason and the legal reasons why it was fallacious for withholding non-exempt public records in this case, why would a respectable journalist go after a fellow journalist with this guilt-by-association piece?

If Mulherin creates a story chronicling events happening with the Flint water crisis, perhaps he should include John Shay and his untruths he told the media about our drinking water being totally lead free, when the following shows he's like his wastewater treatment plant (i.e. full of untreated excrement).

This looks like a piss poor editing job by Perky Patsy Cleavhorn, maybe time for her to stop celebrating her promotion at the Mitten Bar and get down to work.   A few remedial editing classes might be in order also.

The second and third paragraphs look like they should be cut and pasted after the sixth paragraph to give this thing some continuity.

The relevance of who served the suit is puzzling. I guess Patsi luvs that gossipy stuff in leiu of the news. As a matter of fact the entire part about the City Government mishandling of the FOIA  has no connection to Foster. They should have been two separate articles about two separate issues.

Here is something to consider Patcey, next time you attempt to do a hatchet job on Rotta, at least have the common courtesy  to put a pic of Tom in the story along with the perps photo. The layout will work better.

I don't know why this article would surprise anyone. Patsy is just carrying on in the proud tradition of Begnoche, that of a "socialist rag" that makes editorial and news decisions by groupies of city hall, not a fair and unbiased editor's decision in a position of authority, and journalistic integrity. That's why the last owner sold out, he was only a single vote in a coalition of socialistic idiots that print news based on emotions, not facts. Without the LDN having true management by the editor, making decisions based on facts and ethics, it's nothing but bird cage bottom covers.

They want to sell newspapers, so they don't use my image without a bullseye superimposed on it.  I agree with you on the Basic Journalism critiques you mention.

My other appearance in the newspaper illustrates why I am happiest when the COLDNews reporters ignore my comments rather than report erroneously about what I actually say.  On page A8 in that same Tuesday paper (April 26) right above her picture and pink and purple newsprint heralding Patti's coronation as managing editor, was Mulherin's recap of my public comments.  He writes:

"Dowland Street resident and Third Ward Council candidate Tom Rotta spoke about perceived improprieties in the way the City of Ludington, particularly City Manager John Shay, has handled agreements with its legal counsel, referring to a $50,000 contract with the attorneys for research on the city's water and sewer project.  Rotta said the legal work contract should have been part of a competitive bid process.  In the late comment period, Rotta asked/commented about lead in the city's drinking water and at the Washington Bayou in Pere Marquette Lake."

A transcript of what I said and a video of the meeting is here.  Factually, he leaves out the part about the illegality of the city attorney receiving money before any agreement could be signed, as per the ordinance which decreed it.  I don't even mention Shay's part in that, just his part in the three year overbilling of the public to pay the city attorney.  The inference is that Shay and Wilson conspired to get more public money, and an oblivious city council allowed it despite what the city charter says. 

In the final comment, he totally ignores my swipe at AFFEW's and the council's impotency over Ludington environmental matters and Branden Dunblazier's ethical shortcomings making him unqualified to be on the Board of Ethics.  With less words than Brian uses, I could have summarized those five minutes of words and made them reflect what was said and the tone of what was said.  But that's not what the COLDNews does.

If the Daily News really wanted to up their paper sales they would start printing what is really said at the council meeting and what the hell is going on and not going on in our city. People would want to know that, thus their paper sales would go up .

Epic fail of major proportion on Brian M. News article. Imagine this article being presented to a college prof? Failing grade would definitely be given to Brian M. Rambling with lack of cohesiveness. Like other's stated both issues should have been separate articles. Where was the editor prior to print?

Yup, so right guys. Prepare to see a lot more of these types of sniping by the LDN crew of doofus reporters, before the coming elections. That was Begnoche's main pursuit, and Patsy isn't making any improvements for the LDN by following in his footsteps.

Was reading about the latest addition to the staff of the COLDNews yesterday and noticed, Colton Mokofsky, the new hire was going to take over Brian Mulherin's main gig:  "(Colton) is taking on some of the position left by long-time and well-loved reporter Brian Mulherin, who is now in real estate; Mulherin will keep his Outdoors beat." 

Interesting timing involved here.  Shortly after the article detailed above, what many consider a character-hit-piece, Mulherin leaves the always interesting court news beat.   Did his inner-journalist refuse to continue smearing a diligent and trusted local chronicler ( I unmodestly refer to myself here, LOL) or were there some other conflicts between him and the new management? 

Well I wish Colton well, and don't look for a more aggressive and improved reporter of local news. He's another "big city" transplant, never been in Lud. before 3 years ago, and has no journalism degree, but sounds like a website guru type, and video camera operator. Fits right in well with the rest of the no-talent team at the LDN, sorry to say.

It's really to bad that the daily snooze doesn't print the REAL news, not just what the city wants people to know. Gee if they printed the truth people might buy the paper to read what really is going on. Maybe they should try it.

I truly think it's the competition and collusion angle that's in play here stump. There is no competition for the LDN print world, no one, so, they do the least work possible to gather up info. that would entice someone to buy their paper over another one. The other, as discussed previously, is the collusion factor attached to big advertising budgets by the COL. I see that the COL is now announcing it's "press releases" like it's a voice from above or something BIG in terms of news. That voice hasn't changed, even though they aren't saying whom is making the release, but it's none other than Shyster Shay, the "only voice" we hear for the record. So sick of that man, and how he's ruined Lud. and our city charter and ordinances with so much BS. I think as time goes on, the LDN will fall by the side, too many news outlets online nowadays.

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