A new motion for contempt of court has been filed against Diego Rodriguez in the ongoing lawsuit of St. Luke’s Hospital et al. vs. Ammon Bundy, Diego Rodriguez, et al.
In the memorandum in support of the motion for contempt, Holland & Hart, attorneys for St. Luke’s Hospital, detail what they call ‘harassment and intimidation’ of the court, counsel, parties to the suit, and witnesses. The memorandum is divided into categories. Under the heading, “attacks on the court and counsel,” they write,
“In a profoundly sophomoric but truly harassing manner, Rodriguez recently published a mocking post which states that the Court is corrupt and St. Luke’s counsel is a “dirty” “He/Him/His,” including a photoshopped image of Plaintiffs’ counsel, the Court, and Sheriff Wunder in bed together.”Advertisement
It appears they are referring to this banner photo image from Rodriguez’s website, FreedomMan.org.
Rodriguez’s article accompanying the photo says in part,
“Hello, Dirty Erik, you moron! It’s called the 1st Amendment! It’s FREEDOM OF SPEECH. And no amount of legal manipulation can distort the truth of the 1st Amendment. Ammon can post whatever he wants to post, particularly and especially when he believes it to be true and has evidence to it’s truthfulness, just like I can call you “Dirty Erik He/Him/His Stidham.” Because you are dirty and wicked, you are a pervert, and I am 100% confident of those statements!
Additionally, the webpages in question (which you can see by the links below), do not intimidate, threaten, or harass anybody! They simply posit arguments that Ammon and others (including me), believe to be true and factual. And we’ve got plenty of proof, that has already been published, to demonstrate that they are facts.”
In the category called “harassment of parties,” Mr. Stidham of Holland & Hart explains,
“Rodriguez misrepresents Plaintiff Tracy Jungman as a “child trafficker” who is “responsible” for the Infant’s “kidnapping.” (posting distorted photos of Jungman on a skull background and titling the page “Child Trafficker Profile: Nurse Tracy Jungman). Rodriguez falsely accuses Plaintiff Chris Roth of “making money off of child trafficking[.]” And Rodriguez falsely states that Plaintiff Dr. Erickson referred the Infant to CPS, “use[s] threat of CPS to control her patients,” and is a kidnapper.”
In a section labeled “intimidation of third-party witnesses,” Stidham et al. writes,
“Rodriguez defames a social worker witness (specifically identified in the Protective Order) calling her “evil” and a “kidnapper,” posts unflattering photoshopped pictures of target, and posts pictures of her family. Rodriguez refers to a police officer (specifically identified in the Protective Order) as a “filthy pervert.” Even if Rodriguez was just a troubled person harassing witnesses online from some undisclosed basement in Florida, his acts would constitute violations of the Protective Order. But unfortunately, Rodriguez is more than just that, he is a leader in the People’s Rights Network (“PRN”) who can marshal tens of thousands of PRN members and others to his cause, exponentially increasing the force of his harassment and raising the intimidating prospect of violent action being taken by one of his followers.”
The memorandum in support of the motion for contempt calls on the court to punish Rodriguez for the images and statements made on his website. The memo recommends,
“The Court should act, through monetary and evidentiary sanctions, to punish Rodriguez and to prevent him from gaining an unjust advantage. By refusing to pay any of the monetary sanctions imposed on him to date, Rodriguez mocks the Plaintiffs and the legal system. The sanctions to date have been ineffectual in deterring or punishing Rodriguez. The Court must do more.”
The memorandum concludes by saying,
Memorandum iso Motion for Contempt Against Diego Rodriguez
“Unless and until the Court is willing to act, Rodriguez will continue to mock the proceedings and harass and intimidate witnesses and the Plaintiffs will be denied justice. And absent action, the public will conclude that the legal system is too weak and ineffectual to check the actions of bullies like Rodriguez who profit on false conspiracies and defiance of the rule of law.”
Six retained expert witnesses have been identified in documents filed in this case. These include,
- Jessica Flynn, who is being compensated at an hourly rate of $200
- Camille LaCroix, MD, DFAPA, whose compensation is explained: “hourly rate of $400 for all services but travel time (compensated at an hourly rate of $250) and testimony (compensated at an hourly rate of $600)”
- Michael Wheaton, MD, who is being compensated at an hourly rate of $500
- Dennis Reinstein, CPA, who is being compensated at an hourly rate of $500
- Devin Burghart, whose compensation is explained this way: “Mr. Burghart is not being personally compensated. The Institute for Research &Education on Human Rights is being compensated at the rate of $300.00 per hour including any testimony at deposition or trial.”
- Spencer Fomby, whose compensation is explained: “Mr. Fomby is being compensated at an hourly rate of $300 for all services except deposition appearance (hourly rate of $450), trial appearance ($2500 per day non-testifying, $3500 per day testifying), and travel time ($1500 per day plus expenses $0.545 per mile).”
Devin Burghart’s biography lists his qualifications as,
“Devin has researched and written on virtually all facets of the contemporary far-right movement. He has conducted groundbreaking research into the activities of far-right groups in North America and Europe. His written work includes investigative reporting on transnational white nationalist activity, “scientific” racism, anti-Semitism and Holocaust denial, the militia movement and far-right paramilitaries, white power music, anti-immigrant organizing and the new nativism, the Tea Party movement, COVID denial, and insurrectionists.”
Idaho Dispatch reached out to Mr. Burghart for comment, but have not received a response.
Spencer Fomby is a Training Captain for the Boise Police Department. He is listed here with a company called Seak: fomby Expert Witnesses – SEAK, Inc. (seakexperts.com).
Seak’s website says,
“SEAK is the expert witness training and preparation company. Our mission is to provide our clients with the Skills Education Abilities and Knowledge to succeed. We have trained many thousands of experts…”
Idaho Dispatch reached out to Mr. Fomby for comment, but have not received a response.
The document also lists eight non-retained expert witnesses. They are,
- Natasha Erickson, MD, St. Luke’s Hospital
- Tracy Jungman, NP, St. Luke’s Hospital
- Chris Roth, CEO, St. Luke’s Hospital
- Kate Fowler, CFO, St. Luke’s Hospital
- C.P. “Abbey” Abbondandolo, Senior Director of Security, St. Luke’s Hospital
- Dennis Mesaros, VP of Population Health, St. Luke’s Hospital
- Rachel Thomas, MD, Emergency Medicine of Idaho
- Jamie Price, MD, St. Luke’s Hospital
You can see the Plaintiffs’ Expert Witness Disclosure Filing below. We have omitted the exhibits, as the original document contained a total of 526 pages.2023_03_13_Plaintiffs'_Expert_Disclosures_with_Exhibits
Photo courtesy of FreedomMan.org
Tags: Ammon Bundy, Baby Cyrus, Devin Burghart, Diego Rodriguez, Erik Stidham, Freedom Man Press, FreedomManPAC, Holland and Hart, Judge Lynn Norton, Natasha Erickson, Peoples Rights, Spencer Fomby, St. Luke's Hospital, Tracy Jungman