There are times when others can capture another’s feelings, beliefs, and even thoughts better than they can. It happens with me sometimes, although I generally feel I do a knock-out job of communicating my opinions. Still, I came across an online article a few months ago that expressed a belief of mine better than I could.
“One thing that the public just doesn’t understand about lawyers is that their job sometimes involves fighting for the most despicable people imaginable, because those despicable people have legal objectives they have a right to pursue as citizens, and because the principles underlying the fight are important, even if the particular clients—and often their objectives too–are blights on humanity.” [Source: http://ethicsalarms.com/]
Please keep in mind that I am writing specifically about a restraining order motion filed by Austin Vantrease (and apparently supported by the others involved in the civil suit). In no way am I linking this to the upcoming civil trial. Please be clear about that. This is only about the restraining order.
<via http://moufawad-paul.blogspot.com>
My objective was just one thing; to protect my freedom of speech. I’ll not comment too much on the opposition’s possible goals, other than to believe they felt as strongly as I about their position. Rightly so, they want to receive a fair trial. I, perhaps more than (as least as much as) anyone wants and expects the same. This, everyone should surely agree.
An article, Judge Won’t Recommend Restraining Order in Diviney Case (Dominion Post, Brubaker), ran in the Morgantown, WV newspaper yesterday that reported on the outcome. To me, it missed the gist, focusing almost entirely the Vantrease claim. I was greatly disappointed that it didn’t speak to the decision being based upon upholding the first amendment or go deeper into my position. A few people actually asked me what the article means and I certainly see why there’s confusion. It feels like it was rushed to press. I wonder, did anyone else feel the same?
To summarize as I understand it, a motion for a restraining order (on my online posting) was presented and argued before the court. The court recommended denial of the order, citing failure of proof and the right to free speech transcending all other claims. After fourteen days, absent any objections, it will be final when the Federal Judge enters it into judgement. Before this time period, it’s technically still open.
Wow! They’re afraid they won’t get a fair trial! What about Ryan?!? Where’s the ‘fairness’ there? Because of their actions, Ryan CANT speak for himself. Vantrease has been tried and convicted right? We’re talking about damages because of his cowardly actions. His conviction alone speaks volumes. That goes for Mays as well. I’m sorry Ken that anyone would think your expressions negative. They now want to silence you like they’ve silenced your son. Wow.
In the long run these punks will pay. Like who would ever hire them. I see a very long road of poverty for them.
How true! If they “go off” and sucker punch and kick a man when he says something about a baseball team just think what they will do if a fellow employee or customer says something they don’t agree with or like. Employers beware!
Too bad the Vantrease clan thought their money was better spent protecting their image and family name, something they can thank their son and themselves for. Think of help that money would be to help offset some of the Diviney family bills brought upon by their son, Austin. If they read the article as one lawyer said, even the most emotionally hyperthermic individual would not be moved by this case. Just those words “emotionally hypothermic” brings to mind a certain element of society, such as someone who would sucker punch a fellow student, or say kick someone in the head when they were on the ground. Keep your posts up Ken, they are needed by our civil society to remind us of good vs evil and as a teaching lesson for our children growing up. As they say…”a teachable moment”.
Hi Ken, one of the most valuable and treasured rights we have in our country is to express ourselves without fear of reprisal. I am grateful and relieved to know that the judge recognizes this and will uphold the laws of our great nation.
And, after all, we would not be having any of these conversations had Ryan not had his head kicked in and left for dead while cowards hid to avoid the consequences rather than calling for help.
It is heart wrenching to read about the unending suffering your family has had to endure, and to realize the many beautiful parts of your lives that were so maliciously stolen from you.
God forbid we ever lose the right to express our heartache about the attack on Ryan, because it is part of what drives and motivates us to reach out, take action and hopefully provide some measure of relief for your family.
To the perpetrators of this crime and all who defend them, there is a young man sitting in a wheelchair who, through no fault of his own, is unable to live his life the way he should be. Every day presents the possibility that yet another infection could be brewing, or the filter doctors had to place in his body could shift and cause life threatening consequences. The only life his father lives is one of providing constant medical care, every day, 24 hours a day. Even with a nurse present on certain evenings, the buck stops with Mom and Dad. There is no real day off, vacation, or getting away from it all. There is only constant worry as what might happen next.
Vantrease et al, you worry about what people say on this blog? You should be more worried about your soul and how never owning up to misdeeds tends to fester and wreak havoc on one’s life. Goodness fosters goodness and the reverse is also true. Quit worrying about yourself and think about how you can help improve the life of someone’s you destroyed.
Ken, keep speaking from the heart — it’s part of the healing process, not just for you, but for all of us.
Sending love and prayers, and wishes for a peaceful day for you and your amazing son.
Paula
Right on, Paula
Ken, Keep up your posts on Ryan and things related. Maybe if perpetrators obeyed THEIR court order…..don’t they ever think of that?? You and your family don’t need any more legal mumbo,jumbo.Praying for peace and healing always Love Gail
Keri,All your comments were so true!!!Hope and pray Frankie is nearing end of treatments and is doing well xoxo
That’s what narcissists do — no one else in the world matters except for them. ugh.
The only thing I can’t understand is the gall it must take for someone who’s done so much harm to file a restraining order against the injured party. Really?
Keri – great post!!! Completely agree.
And Jo echoes my sentiments exactly. Some sort of apology/regret and offer to help would really be a positive step in the right direction.
Sending love and hugs from across town,
Carla
Listening closely, but I know that lawyers can and do refuse to take cases when they have nothing to defend a case with.
We support Ryan and will comply and do whatever it takes — you’re the boss! My wish (and fervent prayer)is that they will come forward with some sign of regret and support for Ryan.
With you all the way with love and prayer always.
As with me, commenters can say whatever they please (provided it’s not an outright lie or false allegation). We are all protected by the 1st Amendment. Please continue to share your thoughts!
Small Print: This does not constitute legal advice.
I wonder what ever goodness I have done in this life to deserve God’s blessing of knowing you, Kenneth Diviney, you great big smarty pants! Now don’tcha get a big head, but I truly marvel at the way you always have our interest in mind. 😉
Always behind the DIVINEY Family… holding you up ,carrying you through, while praying for your peace, your strength & Ryan’s complete healing.
Praying that your lives be restored to a place that doesn’t include medical jargon, hurt, tears, court dates or restraining orders.
Praying that you stay on course allowing only the most pertinent and helpful information in, while tossing the ugly “noise” meant to distract you out-out in the garbage where it belongs.
Always, forever and until.
With love and in prayer,
Keri, MY Frankie and Family
Keri , Your comments are right on true ,as are all of Ken’s posts and updates. We are all behind Ken, Sue and Ryan. And if the perpetrators obeyed the court order they would have been helping Ryan all this time ,Shame on them!!!!!
Hope Frankie is coming along and almost at end of treatments Love to all Gail