Good luck with that, Jeffy!

The subpoena, now a part of attorney Andrea Mogensen's Sunshine law/public records lawsuit against the city, was served on me this past Tuesday as I was taking my seat to watch the city council meeting.

Simmonds is insisting that the emails that were published on this web site are private correspondence. I claim that they are public records that Simmonds has, under oath, admitted to destroying, apparently in an attempt to prevent their release to the public.

As to our difference of opinion on this matter, I can only reply to Simmonds as follows: You say toe-mah-toe, I say you're out of your frickin' mind.

As to how I received these emails, I will only state that I received them in a perfectly lawful manner and that neither I nor anyone else broke any laws or committed any act of hacking to obtain them. I will not name the source

While I am (or should be) protected by law from having to reveal the source, Judge Robert Bennett may not see it that way. Judges can get a bit testy when you tell them no. It's generally not a good idea to do that, and I don't recommend this behavior to anyone else. Nevertheless, I am prepared to go to jail if necessary rather than be forced to name my source. I do not believe that I ethically have any other choice if it comes down to this.

Hopefully cooler heads will prevail. So far, that hasn't been the case.

Joshua fit the battle of Jericho
Jeff Boone's father, E.G. "Dan" Boone (both shown at right, photo taken during a city council meeting), is the attorney of record for the biggest leaseholders at the Venice airport and most of the other smaller leaseholders, including the VGA golf course and the Venice Jet Center. It's a sweet, almost monopolized deal, a major money-maker for the Boones.

On June 11, Simmonds admitted under oath in Judge Bennett's courtroom that he had illegally deleted and attempted to destroy his public records emails. Judge Bennett immediately ordered a forensic examination of Simmonds' computer, this in an attempt to retrieve public records emails. The Boones now want their own expert to comb Simmonds' computer (wipe, wipe) before the court can get a chance at grabbing the data.

With the release of Simmonds' email conversation with Art Nadel, CEO of the Venice Jet Center, by this web site, it becomes easy to understand why Simmonds and the Boones do not want more of these emails to ever see the light of day. Those emails, which are the source of the Boones' current hemorrhoid problems, detailed a convoluted plot to set up newly elected council members in a lawsuit and an ethics violation with the state's ethics commission. The emails are some incredibly damning and embarrassing documents.

It is evident from that series of emails that Simmonds and Dan Boone have a habit of communicating electronically behind the scenes. It is not a big stretch to imagine why the Boones do not want the computer's contents to be made public. Hence, this bogus accusation of hacking aimed at me -- it's Dan and Jeff Boone's last chance to get their clammy little paws on physical evidence before it becomes public. So, as a last gasp attempt, they are trying to use me as a wedge between the court ordered forensic examination and Simmonds' computer. The only way they can think of doing this is by accusing me of several felonies with absolutely no evidence to back up the claims.

Nice. Very nice. That's some good lawyering there, boys.

By their behavior, it appears that the Boones are absolutely freaking out at the prospect of a forensic examination and are doing every stupid and desperate measure that they can think of to prevent the inevitable. In turn, that has made Simmonds' computer take center stage in this battle, only slightly upstaged by City Manager Marty Black's announcement yesterday that he is quitting to get the hell away from this insane circus.

I, for one, cannot wait to hit the publish button on this web site once I get my hands on more of these "destroyed" public records. From the Boones' behavior, I can only deduce that this will be one outrageously incredible and delicious wowzer. This is Jericho, folks, come see the walls while they are still standing.

"If you wanna kiss the sky you better learn how to kneel; On your knees, boy!"
-- Bono (U2, Mysterious Ways)
On Tuesday, just after the council meeting had ended, I further explained the predicament I had suddenly found myself in to Councilman John Moore and City Attorney Bob Anderson. Jeff Boone walked across the room to butt into the conversation and tried to explain his stance as though he was making a magnanimous gesture. With arms open wide in overly friendly body language, Boone stated, "All John has to do is tell me how he got the emails."

I saw red and went off on Boone as loudly and angrily as I could bellow: "Jeff, all you have to do is blow me!"

It was crude and unnecessary, but admit it: it's something most readers of this web site have probably wanted to say to Boone's face over the years. I probably shouldn't have said it, but dammit, sometimes you can only take so much crap before venting.

Everyone else that was still in council chambers stopped dead and stared. Councilwoman Sue Lang laughed out loud, although she would later state that she hadn't heard the comment, this despite being some six feet away at the time. Moore, Anderson, and Boone all made hasty retreats in different directions.

Wait, guys: was it something I said?

Simmonds, you are a coward
Then there is this message I fired off to our illustrious elected official, John Simmonds. It reads like another rage moment, but it is actually focused anger that I firmly stand behind.

From: John Patten
To: John Simmonds, Mayor, City Council, Linda Depew, Marty Black
Subject: Simmonds, you are a coward
Date: Tuesday - June 24, 2008 7:16 PM
CC: Herb Levine, Larry Evans <larry.evans@heraldtribune.com>, Greg Giles <ggiles@venicegondolier.com>, Thomas Brener, Andrea Flynn Mogensen

Left council early? Didn't want to face the heat?

I don't blame ya. If I'd allowed my lawyers to pull such a cowardly stunt,  I'd want to get out of Dodge fast, too.

So now I'm dragged into court and given the option of coughing up a source or going to jail. Did you really think I'd quiver in fear? How long have you and that idiot attorney of yours known me?

You know darned well that I would never hack into anyone's computer, let alone yours. Yet your attorney has accused me in a court filing of "hacking," although only by implication. He does, however, specifically accuse me of possessing "stolen emails," and demands to know if I have "other illegally obtained emails of Defendant Simmonds."

And all of this to cover up your actions. You deleted your emails, not me, not anyone else. Last I checked, that's a criminal offense. And you would allow me to go to jail because of your actions that you won't own up to? Accuse me of a crime to cover up your own?

OK. Works for me. I ain't blinkin'. This is showdown time.

How long before someone tries to file a criminal complaint against you for the destruction of public records? I'm thinkin'... not very long.

See, I thought this was funny, hilarious even, but now I'm just angry. How dare you even think of making someone else pay the price for your improper actions? Oh wait, this is Venice. Forget I asked that last question.

You are a coward, sir. An absolute coward, bereft of any moral fiber whatsoever.

Be sure to CC a copy of this to your attorney.

This ain't over. I'd resign right now if I were you. You are a disgrace.
.
-- John Patten
-- Venice Florida! dot com
-- www.venfl.com
-- (941) 484-0488
.

Disclaimer: On at least two occasions several years ago, I repaired some configuration and spyware issues on one of Simmonds' computers, for which he paid me. I did not have access to any passwords or encrypted data.