Dagwan v. Lopez

On Thursday, Novemer 10th, Barnstable Superior Court Judge Christopher J. Muse ordered hate blogger Gary Lopez “not to harass”, contact or otherwise abuse Barnstable town councilor Debra Dagwan, as per the 258(e) Harassment Prevention Order, for the next ninety days.

Dagwan arrived early for the 2pm hearing, accompanied by relatives visiting from Virginia, and about a dozen Barnstable residents.  Even Maryanne Barboza, who started recall proceedings against Dagwan last year, attended in support of her.

Lopez showed up with John Julius.

The parties waited two and half hours in separate parts of the courthouse to be heard at the same time the Jordan Mendes murder trial was happening, just beyond the benches Dagwan & company had gathered.

In attendance were four town councilors including Dr. Dagwan.  Lopez has since characterized them as “dangerously close to a quorum”, which is why he will hereinafter be referred to as “liar lopez”. (A BTC quorum=NINE.)

It was a hot, long wait, and at one point lying lopez had to walk by Dr. Dagwan and her supporters to get to the elevator.  As he passed, he waved his fleshy open hand and yelled “What’s all this shit?”   I was alarmed, but John Reed and the armed, plainclothes state police officer sitting behind us seemed unfazed by the little old man with the big mouth.

At the beginning of the hearing, the judge informed Dr. Dagwan that he had read her complaint.  It was clear that lying lopez had not. 

At the heart of Dagwan’s complaint was the idea that the characterization of her as a Civil War era slave portrayed her as a sub-human, and did therefore give justification for Lopez or his “coggers” to treat her as such. 

Dagwan cited incidences of being followed by unknown persons, and claimed to be in fear of imminent physical harm.

To support her position, Dr. Dagwan submitted the following in her affidavit to the court:

On August 9, 2011, Mr. Gary Lopez (Defendant) of www.capecog.com posted a licensed photo of “Prissy” (Butterfly McQueen) from Gone With the Wind on his website.

 

Defendant inserted a quote bubble with the question “Yo wants me to do what, Mr. Klimm?”

(exhibit “A”, pgs 1-14)

 

In the post, defendant made a disjointed argument about the allegedly illegal acquisition of local water company, an action that preceded my election to the town council.

 

Defendant posted an image of the book “Uncle Tom’s Cabin” at the end of said post.

In a subsequent post on August 14 2011, defendant alleged that plaintiff was “crapping all over her constituents on Fresh Holes and Hiramar Roads”.

(“Exhibit B”)

 

Plaintiff does not read defendant’s blog, and was unaware of said postings.

 

Unknown to plaintiff, residents of the town, reportedly some from Fresh Holes Road, had threatened to protest defendant’s home because of the racist content in defendant’s libelous political commentary.

 

On August 19, 2011, defendant posted that he knows “how to load a rifle, and can pull the trigger”.  He continued that he has “nothing to lose”, and challenged alleged protesters to “Bring it on”.

(Exhibit “C”)

 

On August 20, 2011, defendant submitted that “it’s time to lock and load and take up watch”…..for an

“army from Fresh Holes Road”.  (Exhibit “D”)

 

On August 25, 2011, defendant claimed to have received “fifteen or so” laudatory communications

over the “Prissy post”.  (Exhibit “E”)

 

On August 26, 2011, defendant admits that he had refused to remove the “Prissy image”. (Exhibit “F”)

 

On August 29, 2011, defendant re-posted said “Prissy” image, and claimed he did not have a “single complaint” since the post went up, and that he had “more than 5,000 page views”. (Exhibits “G” & “H”)

 

Plaintiff is aware that she is a public figure, and as such, is subject to criticism.  Further, plaintiff is aware that this avenue of the court (258e) is not the place for complaints of libelous statements of the defendant, and he has the constitutional right to free speech.

Plaintiff does not come lightly before this honorable court in her complaint against defendant.

Defendant has a long and documented history of harassing officials in the Town of Barnstable.

Plaintiff alleges that these particular postings attempted to and did place defendant in fear of imminent serious physical harm.

The multiple willful and malicious acts of the defendant intended to and in fact did cause fear in the plaintiff, and were in fact malicious and cruel, in addition to overtly and undeniably racially motivated.

Plaintiff alleges that the hateful attack is a new low for the defendant, and that his talk of using firearms is unprecedented, and cause for immediate concern.

Being that the defendant claims he was “lauded” by several people for his actions, and has 5,000 page views of such material, I fear that he or his “fans” are taking an unhealthy interest in me.

I feel that I have been singled out because of my race, and that I am being hunted & targeted around town.

In 1857 the United States Supreme Court ruled that slaves were subhuman property with no rights of citizenship.  They had no legal means of protesting the way they were treated.

I fear that because the defendant has characterized me in a subhuman context, it may give an unstable or hateful “fan” of his a justification to harm me.

These fears have grown as the weeks have passed, and I am uncomfortable doing my daily business around this town, where I have lived for over 30 years.

The news of this matter has reached my husband, children, and even my relatives in Atlanta, who are all greatly upset and concerned about my safety.”

 The judge told loser lopez that “There are certain things you can only do once in a row”, and drawing attention to Dagwan’s ethnicity using one of the most famous characters in movie history was “racist”, and “crossed the line”.

Dr. Dagwan was emotional as she explained her disappointment in Lopez, whom she, like many of us, once admired.  She articulately described how she felt intimidated, and proved, by his defiant re-post of the Prissy image, that his actions were intentional.

Lopez can only get away with so many lies in this case, because the court transcripts will prove who said what, when and how.

Dagwan or her attorneys will need the transcripts as evidence for future litigation against Lopez, such as a criminal harassment charge, as well as a slam dunk libel suit.

Lopez informed me in a series of e-mails regarding “Prissygate”,  that “he has the money” to defend himself against a libel suit.  A group of people are currently discussing the possibility of a class action libel/defamation  lawsuit against Lopez to keep costs down, but Dr. Dagwan indicated that she  is willing to file her own suit against Lopez.

At the hearing, the old “cogger” vascillated between demonstrations of remorse and defiance.  At one point he apologized to Dagwan, but later went on a rant about poor water quality in Hyannis, which he claims is her fault. 

The judge then said “You’re not getting it” .  At least five times in five ways, Judge Muse called the postings “filth”, “stupid talk”, “terrible”, “hateful”, “venom” and, of course, RACIST.

Muse again warned that “There are  certain things you can only do once in a row”.  He repeatedly tried to get the message through the loser’s thick head that “hateful, racial, prejudicial comments” make people subject to hate crimes, or that it “incites people to do things violent and sociopathic”.

Lopez’s name and telephone number showed up on Dr. Dagwan’s caller ID.  She called the police, they looked at it, and called Gary to warn him not to call her again.  The police report basically says that Lopez freaked out, wouldn’t let the cop get a word in edgewise, and repeatedly called Dagwan a liar. (Photo of caller ID, police report and other docs coming soon.)

 “Prissygate” did attract the attention of one infamous psychopath, prompting her to send another of her countless piles of fantastic stories to dozens of people/entities.   While in Superior Court Thursday I learned that the mentally unstable woman has so abused the system that she is civilly restrained from filing anything further with that court.

Lopez claims that he did not make the call to the Dagwan home last week, and it appears technically possible that he did not.  If this turns out to be the case, it only further proves the point that his “stupid talk” indeed attracts and incites others with “sociopathic views”, since it would be someone familiar with his blog who made the call (if it wasn’t really him).

It doesn’t really matter who made the call, because in her affidavit and testimony before the court, Dr. Dagwan specified three occasions of harassment necessary according to the statute.  Although witnesses were present to testify for Dr. Dagwan, the judge determined he didn’t need further testimony, stating  “the law is satisfied”.

Lopez promised to remove the Prissy image and agreed to lay off Dagwan for awhile.  Liar Lopez immediately reneged on promise, even though the judge suggested he “say nothing ever again”, told him he had “plenty of others” to criticize, and twice cautioned the hate blogger to act in his “own self interest”.

There is one area where the judge got it wrong:  He told Lopez that the Prissy post was “beneath” him.  It’s not.  Anyone who intentionally tries to cause a race riot just to get attention is a dangerous, flithy,  bottom-feeding pig. 

 

 

 

5 responses to “Dagwan v. Lopez

  1. How ODD that this thing was heard in Superior Court!

    Dr. D’s lawyer must know somebody over there.

    R.O.s are usually heard in the district court.

    No matter – Lopez finally got busted. It’s about time!

  2. Most restraining orders are issued in the district court, but the clerk allowed this one to be filed in Superior Court.

    Both parties acted “pro se” – no lawyers were involved.

    Gary Lopez has become like those he claims to abhore. He’s dishonest, cruel, and delusional.

    Looks like he will spend what’s left of the rest of his life in and out of various courtrooms. The judge repeatedly warned him to be careful, but it appears Lopez needs to learn the hard way.

  3. Is there anyone left anywhere who still believes in whatever it it Lopex thinx he’s doing? He says “Coggers” will remember this, and “coggers” will recall that…. Who would be stupid enough to say they are a “cogger” after what he did to Dagwan to “get her attention”? Is that the new excuse for racists?
    How about wife beaters? Can they say they slapped their woman around just to get her attention? Hopefully he will end up in jail, right nexxt to the wife beaters!

  4. A violation of 258E is a criminal offense punishable by a fine of not more than $5,000, or by imprisonment for not
    more than 2 ½ years, or both. Persons convicted under 258E must also pay a fine of $25 for deposit into the General Fund.
    http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/trans1042-1046harassment-prevention-orders-glc-258e.pdf

  5. Lopez got beat up by a girl, again. Time for the old garbage man to crawl into his dumpster and rot. He’s not even connecting the dots anymore.

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