December
3, 1993
Ellen
Hawkes wrote a book in the early 1990's about
the lawsuit getting national headlines at the time regarding
the Gallo Family and the Ernest & Julio Gallo Winery in Modesto, California. I purchased and read her book entitled, "Blood & Wine." Between the book, newspaper articles and research that I conducted in court files regarding the dispute, I noticed some similarities between the Gallo lawsuit and mine, most notably a mysterious "res
judicata." I noticed some similar if not identical legal arguments, some mutual players, and some things that I thought were coincidental between both cases. My letter to Ms. Hawkes is long and detailed because I liked my letters and legal documents to be as self-contained as possible. That is, I wanted them to tell as much of the story as possible without straying too much from the purpose of the document. Additionally, I knew that my legal ordeal had been and would continue to be long and arduous and perhaps my memory would fade over time. My memory has indeed faded over the years and my way of writing letters and putting together legal documents is now proving to be helpful. I had forgotten much of what is contained in this letter. It has been 15 years since I wrote the letter and 28 years since my traumatic ordeal began. Nonetheless, with regard to the length of time that Berberian v. Berberian has now been in existence (if only in my mind), I still have to say, "who
knew."
As I now read my letter to Ms. Hawkes, I can see
that it's hard to follow. I can also see that I got carried away
with details and enumerating what I believed at the time were
meaningful coincidences. Some happenstances, I merely listed
in case they proved over time to be at all significant. I couldn't
determine at the time (and probably not too much better today)
what was and was not important and mutual to both cases. Therefore,
I threw in the kitchen sink. I expected Ms. Hawkes to make note
of the noteworthy items and then contact me to discuss them.
Things mutual to Berberian
v. Berberian and Gallo v. Gallo were why
I contacted Ms. Hawkes to begin with. Perhaps presumptive,
but I thought that the content of my letter might even help
with some of the intriguing aspects of the screenplay regarding
the Gallo case which she had sold to Paramount Pictures. Unfortunately,
I would never hear from Ms. Hawkes again. Perhaps I scared
her off with such a monstrous letter and all of its Bates-numbered
attachments. Or maybe someone else manipulated her off in a
different direction. I know for a fact that at least one San
Francisco attorney knew I tried to contact her and knew as
well my reason for doing so. Such is discussed in my letter
to Ms. Hawkes. When someone in The Brotherhood learns something
of value, they advise those who would owe them in turn for
future favors. (The assumption here is that someone who could
garner publicity for my case is someone that the players wouldn't
want in my life. Publicity, of course, is the greatest threat
to a conspiracy and its hidden agenda. Publicity to The Brotherhood
in my case is like showing Dracula the cross).
One might say
that I'm making too much out of my case. Giving it too much
importance. That I've got delusions of grandeur. Probably true
to a degree. But not entirely. Anyone who looks closely at
the documents posted within this expose, cannot come to such
a conclusion with much surety. The "coincidences" and
synchronicity alone make my case. Despite the fact that I had
neither sued anyone at any place nor at any time prior to the
present suit, the res judicata raised in my case suggests
that there is or was a "parallel case" in existence.
There was something going on out there in the legal world (or
illegal world) that affected my lawsuit. It was an invisible
entity affecting the people that came and went with regard
to the case, some kind of "dark matter" that
swallowed my puzzling lawsuit piece by piece and perhaps statute
by statute.*
Even though I find it a bit embarrassing, I am
posting my letter to Ms. Hawkes. Call me a madman if you will.
But I think I got the attention of some people in high places,
not necessarily with the letter itself, but with the story
to which it is attached.
*My
case would not be mysterious at all were one smart honest attorney
to step forward and tell me the truth as to what happened in
the matter. I'm still waiting to hear from such an attorney.
Between you and me and the lamp post, with respect to Berberian
v. Berberian, such an attorney does not exist.