Exhibit 17 Craig Jones to AJ Robinson: “You really got Manny lathered up. We really need to see what Emory is willing to do.”
September 17, 2014
Exhibit 17, Tab 17, is one of 28 exhibits filed as evidence in Judge Craig Schwall’s Superior Court of Fulton County, Georgia, on July 11, 2014. The lawsuit pits the Metro Atlanta Task Force for the Homeless, Inc. against Premium Funding Solutions, Inc. (Manny “Micah 2:1-2” Fialkow), Central Atlanta Progress and Atlanta Downtown Improvement District. The three defendants are charged among other things with racketeering, tortious interference, defamation, bribery and fraudulently seizing property. Emory University and Emory Health Care face the same and other charges in the Superior Court of Dekalb County, Georgia. In this brief Exhibit 17, Craig Jones of Cousins Properties exudes glee over the pliancy of the usually constipated Manny “Micah 2:1-2” Fialkow. Craig Jones’ ejaculation is sent by e-mail to Manny’s familiar, A. J. Robinson, president of Central Atlanta Progress. The “Boss” as Richard Orr likes to call him, responds to the Cousins Properties’ man showing what he knows of the sometimes pliable, sometimes not, Emanuel “ Micah 2:1-2” Fialkow. Their exchanges are quoted below: From: Craig Jones To: AJ Robinson Sent: Wed May 20, 2009 Subject: Fw: 477 Peachtree Pine This “gent” is way down the road on this. You’ve got him pretty lathered up. We really need to see what Emory is willing to do, although being realistic, they probably won’t move fast enough… Sent from my Blackberry Wireless Handheld From: AJ Robinson To: ‘craigjones@cousinsproperties.com Subject: Re: 477 Peachtree Agreed, but he just smells a deal and will flip to Emory if we want. . . . . . . . also he tops out at about 2 million so we need some back up. Sent from my Blackberry Wireless Handheld Note: From this Exhibit 17 through Exhibit 28 the plot thickens with Emory officials chumming with Manny “Micah 2:1-2” Fialkow and A. J. Robinson. Cousins Properties’ Craig Jones delights in Fialkow’s being “lathered up” by A. J. Robinson. Cousins Properties wants to develop 477 Peachtree. And snow white developers like Cousins Properties and pristine Health Care Providers like Emory Health Care, Inc. need “informal” dealers like Fialkow to “put them in default” and then “Kick them out” of the property. What a mix! What a conglomerate. Nuns posing as housing providers are joined at the hip with conspirators who all stand to gain on the backs of poor people and also on the back of an organization that has, though crippled by these very attackers, served them unflaggingly. James Wilson Beaty Jeremiah 22:16 September 17, 2014.
Baker Donelson Attorneys Steve Hall and Bob Brazier filed Exhibit 13 along with 28 other exhibits in Judge Craig Schwall’s Superior Court of Fulton County, Georgia, on July 11, 2014. These exhibits show tortious interference, collusion, wrongful possession and defamation on the part of these three defendants.
Emory University and Emory health Care, Inc. are implicated and accused of the same charges; however, that case is being heard in the Superior Court of DeKalb County After this hearing Judge Schwall ruled making the way clear for Manny Fialkow’w Premium Finance Solutions, Inc. to file a dispossessory motion on behalf of defendants Fialkow, Central Atlanta Progress and Atlanta Downtown Improvement District, Inc. These three defendants, the order states, face 8 claims that should be heard before a jury of their peers. Judge Schwall’s order affirms Special Master Frank Strickland’s 17 page order that recommends this lawsuit go to trial. You won’t read this in Rhonda Cook’s front-page AJC piece that tells only of the clearance for the dispossessory motion. Rhonda Cook reports as usual only the party line. That shoddy kind of reporting requires neither research nor the whole truth.
Manny Fialkow’s Premium Funding Solutions and AJ Robinson’s Central Atlanta Progress and Atlanta Downtown Improvement District are defendants in this lawsuit. Exhibit 13 features these two conspirators plus a third collaborator named Michael Dinerman. Dinerman is not a defendant; however, he’s all over the subpoenaed documents as a collaborating conspirator. If Manny comes, can Dinny be far behind? Baker Donelson attorneys have entitled Exhibit 13 “Dinerman-Fialkow email.” The 3 e-mails are quoted verbatim in the order in which they were written.
“From: Michael Dinerman
Date: Thu. 19 2009 11:37:35-0800 (PST)
To: Manny Fialkow
Subject: Peachtree & Pine
Manny,
I know most everyone is sitting on their hands right now. I thought I might take a shot if this might interest you or someone you know? There are some adjacent properties that could be assembled to put together half the city block.
477 Peachtree Street
On Thur, 2/19/09
From:esf@fialkow.net
Subject: Re: Peachtree a&Pine
To: m dinerman@yahoo.com
Date: Thursday, February 19, 2009, 2:46 PM
AJ pitched me this deal this morning. Let’s look @ it next week Esf Sent via Blackberry by AT&T
From: Michael Dinerman
Sent: Thurdday, February 19, 2009 2:55 PM
To: esf
Subject: Re: Peachtree & Pine
Sounds good. Catch up with you Monday.
Michael Dinerman
Cross-Town Realty
Note: Central Atlanta Progress President AJ Robinson is a step ahead in pitching deals for his buddy, Emanuel Fialkow. Put the Nun-run Mercy Housing, Inc. and Mercy Loan, Inc. and Manny Fialkow and AJ Robinson in the same mix, a brew comes out that makes Shakespeare’s witches’ brew tame and appealing.
James Wilson Beaty
Jeremiah 22:16
September 5, 2014
Exhibit 12 Sister Jane Gerety: “…we should pass the hat immediately.”
September 4, 2014
Exhibit 12 Tab 12 Sr. Jane Gerety: “…we should pass the hat immediately.”
Baker Donelson Attorney Steve Hall filed Exhibit 12 along with 27 others in Judge Craig Schwall’s Superior Court of Fulton County on July 11, 2014. Judge Schwall responded with a ruling that permitted attorneys for Manny Fialkow to move toward the dispossession of the property in question, the Peachtree-Pine Center. Also the Judge affirmed his Special Masters’ ruling that asserted that defendants Fialkow, Central Atlanta Progress and Atlanta Downtown Improvement face eight claims that need the decision of a jury. The following four e-mails were written and sent on November 12, 2008. They show the collaboration among TEAM GOLIATH members, the Nun-run Mercy Housing, Inc., The City of Atlanta, Central Atlanta Progress, Atlanta Downtown Improvement District and Emory Health Care, Inc. Steve Hall entitles Exhibit 12, “Sister Gerety email to Diane Leavesley.” I have quoted the four emails verbatim in the order they were written.
“From: Gerety, Sister Jane
Sent: Wednesday, November 12, 2008 9:14 AM
To: Julie Gould
Subject: call
Julie,
I got your voice mail. Thanks. I wanted to talk to you about the possibility of foreclosure on the Peachtree and Pine property in Atlanta. I’ve talked with Pete (Walker) and with others representing the city and believe that foreclosing is what we should do. It needs to be part of a plan to move the men living in the shelter to other facilities where there are supportive services and a proposal from Mercy Housing for affordable housing on the site. There may be some negative publicity, but I think that can be mitigated by the plan and the proposal. Moving the men is very doable and represents a philosophy that is much more enlightened than warehousing them in the present facility. In addition, if Mercy Housing can accomplish this, I believe we will be in the debt of the city, the business community and the foundations. Horace Sibley, who chairs the Mayor’s commission to end homelessness, told me that if we can get this accomplished, we should pass the hat immediately.
That’s the gist of what I wanted to talk about, but if you get a chance, and I will fill in more details.
Safe travels,
Sr. Jane”
Handwritten notes by Diane Leavesley, Head of Mercy Loan, Inc. during a conference call follow, ”Anita’s vision meets people where they are; Horace wants to get people out of homelessness.” “1 by 1 her funding sources have dried up; a proposal to rehab the building to maintain the shelter w/SRO hsg above.” “Foreclose sensitively & delicately; Horace has a plan to move men.”
Note: Diane Leavesley’s notes read that Anita meets people where they are. That is true; however, her note implies that nothing but sheltering takes place. Every day of the year for 17 years the Peachtree Pine facility has provided, intake and assessment, case management, three recovery meetings each week, GED classes, basic computer-skilled classes, computer lab: job search, resume building, COMPASS access, e-mail access, clothing closet, weight room, resident volunteer training and housing, transitional housing program, art studio, roof-top vegetable garden and a monthly health clinic. Sister used TEAM GOLIATH’s favorite term, “warehousing.”
There remain monolithic differences between Horace Sibley, Debi Starnes and the Task Force. The Metro Atlanta Task Force for the Homeless, Inc. has fed, sheltered, clothed and housed hundreds for years while Horace Sibley and Debi Starnes worked feverishly to crush every move of the Atlanta Task Force. Neither Horace nor Debi nor United Way nor the City has ever had a plan to house the men at Peachtree-Pine. Their plan consists solely of disappearing people unsightly in their kin.
Don’t miss Good Sister Jane’s exclaiming with glee that the City, the business community and the foundations will all owe the Nun-run Mercy Housing, Inc. if these sisters, married to Jesus, “can help to accomplish this” the shutting down of a shelter for homeless people. Sister Jane Gerety did more than pass the hat. At the time of these collaborations the Nun-run St. Joseph’s Hospital in Atlanta was going belly up. That defunct disaster got bailed out by none other than conspirator Emory Health Care, Inc. I look at Emory’s new sign often. Today it is Emory St. Joseph. Pass the hat, please.
Last night, September 2-3, 2014, forty-two children with their mothers spent the night on mats at Peachtree and Pine. Calls from well-wishers and do-gooders alert us that we are to be evicted soon We’ve received these calls for 5 years. Some are TEAM GOLIATH pranksters; some care that homeless people will be left at the mercy of United Way. Come now BEFORE the Court closes the doors. Come now before Emory swallows the place. Come before Manny Ahab steals Naboth’s vineyard. Why wait United Way? Why wait Fulton County Commissioners? Why wait urban and suburban churches? Why wait Synagogues and Mosques? Why wait travelers aid? Why wait to reopen, Gateway? We welcome you all. You come and succor the 100 perishing ones. Please come, Sisters of Mercy!
James Wilson Beaty
Jeremiah 22:16
September 3, 2014
Is The Handwriting On The Wall?
September 17, 2013
Daniel and his three Jewish buddies, Shadrach, Meshech and Abednego are vegetarians and do not eat King Nebuchadnezzar’s cheeseburgers or French fries. The four are captives taken from Jerusalem when the Babylonians burned the Temple, leveled the palace and carried 10,000 Jerusalemites off to captivity in 587 b. c. e. Nebuchadnezzar is a butcher and a self-proclaimed doer of all good. Any wonder he had bad dreams. He called in all his wise men, downtown geniuses, soothsayers, priests and anybody he could find who might interpret a particular dream. Because Daniel and his three buddies were brighter and stronger than the Babylonians around them, King Nebuchadnezzar placed the four men in his service. Because Daniel tells the king his dream and the dream’s meaning, he is well known in the kingdom as an interpreter of dreams and strange events.
Chapter 5 of the Book of Daniel in the Hebrew Bible, (Jewish theologian Marc Ellis correctly calls it The Older Testament,) relates this story of King Belshazzar and how the fingers of a man’s hand write words on the wall. If you enjoy a chilling story, read on. If you are a practicing member of the TEAM GOLIATH conspiracy, you might not want to read any more. If you love justice and pray that somehow, somewhere, someday it may prevail, read the fifth chapter of Daniel. Babylonian King Belshazzar is Nebuchadnezzar’s grandson, not his son as Daniel reports. Chapter 5 describes how Belshazzar gave a great banquet for a thousand of his nobles and drank wine with them.
Belshazzar’s party brings to mind Herod’s Antipas’s party where John the Baptist’s head is brought in on a platter at the request of Salome. My blog entitled “The HAG Delivers Again” features a similar Shirley Franklin party where Debi Starnes is urged by the Mayor of the golden tresses to bring in the head of the troubling, Anita Beaty, the truth-teller who refuses to obey the empire. This is a Swiftian modest proposal. It’s called satire and not history as some moron at Franklin’s City Hall implied. That is a blog I posted on 13 April 2009, entitled, “The Hag Delivers Again.”
Daniel 5:8 reads, “Then all the king’s wise men came in, but they could not read the writing or tell the king what it meant. So King Belshazzar became even more terrified and his face grew pale. His nobles were baffled.” The word “baffled” is a synonym of A. J. Robinson’s word, “mystified.” He used that with a reporter from the ATLANTA JOURNAL CONSTITUTION in responding to Debi Starnes’ invention years ago that a “lice-infestation” was occurring at the Peachtree-Pine Community. See my piece entitled, “What’s In A Middle Name?” posted on 19 April 2011.
At Belshazzar’s party the nobles are baffled. At Central Atlanta Progress the noble A. J. Robinson is “mystified” by the report. Those of us who follow Starnes’ yarns were not able to “interpret” Robinson’s word: “mystified.” Was good A. J. confused by the Homeless Czar’s lie or by the possibility of a lice infestation. Whichever, Fulton County Health Department set straight the record by refuting Starnes’ fabrication saying to the press that there was no infestation of lice present or past at The Pine.
Belshazzar read the handwriting on the wall, “MENE, MENE, TEKEL, UPHARSIN. Daniel came and interpreted,” verses 26-28 of Chapter 5: “God has numbered the days of your reign and brought it to an end. You have been weighed on the scales and found wanting. Your kingdom is divided and given to the Medes and Persians. Daniel 5:30 closes the book on King Belshazzar and his particular chapter of the empire, “That very night Belshazzar, king of the Babylonians, was slain, and Darius the Mede took over the kingdom, at the age of sixty-two.”
Suddenly the fingers of a human hand appeared and wrote on the plaster of the wall, near the lampstand in the royal palace. The king watched the hand as it wrote. His face turned pale and he was so frightened that his knees knocked together and his legs gave way.
Is the handwriting on the wall? Will a jury of their peers hear evidence that exposes Central Atlanta Progress, (CAP); Atlanta Downtown Improvement District, (ADID) and Manny Fialkow’s Premium Funding Solutions of TORTIOUS INTERFERENCE and the RICO Act RACKETEERING against a HOMELESS shelter? Will the trial set for November 4, 2013 really take place? Will the lampstand in the royal courtroom reveal the conspiracy? Is the handwriting on the wall? Could power brokers and movers and shakers who have dodged being deposed for two years have to face a jury of their peers? Is the handwriting on the wall?
Will thousands of documents sent back and forth between the City of Atlanta and all the accused bubble to the surface of this cesspool? Is the handwriting on the wall? The principalities almost always win; however, empires crumble, always. Your good ole boy system in Atlanta runs deep and wide. But on rare, very rare occasions, justice prevails even in Atlanta. We still have two boxes, the jury box and the ballot box. Somehow, just somehow perhaps, justice will prevail. Oh, Lord, what a morning when the stars begin to fall.
My friends, some of my neighbors and several of my relatives chide me gently for my speaking of “God’s burning rain,” Atlanta as “Sin-City,” “when the stars begin to fall,” and now Daniel’s “handwriting on the wall.” I know that the City of Atlanta has the protection of a federal judge in a ruling called sovereign immunity. Of course the City as a tool of TEAM GOLIATH carries the club’s water. The Club’s water carrier has to be protected too.
Everyone knows you can’t sue the king even when he murders two of his wives. And if every judge in the EMPIRE renders the principalities and powers “IMMUNE,” there is still a higher court. There’s Jim Lee Scott’s and Dr. King’s arc of the universe. The hundreds of women and children homeless and helpless on the streets of Atlanta INDICT City Hall, City Council, the Innovation $3.3M Delivery Team, The United Way, The Gateway, The Gateway Board of Directors boasting such luminaries as Jack Hardin and Little Miss Debi. Is the handwriting writing on the wall?
Emory University and Emory Health Care, Inc. face a similar lawsuit in the Superior Court of DeKalb County. The charges they face are basically the same as those of the downtown conspirators. Emory is by far the largest member of TEAM GOLIATH. How could snow-white Emory be involved with disappearing a shelter near downtown Atlanta? Emory Hospital is located almost directly across the street from The Pine on Peachtree Street. Many of the uppity ups in the Emory hierarchy break out in hives at the thought of Peachtree Pine being located so near. Its food court is off limits to any of the residents of the Peachtree-Pine Community. And closely following Emory’s hatred of Black men surfaces its love for a 96,000 square foot property facing on hallowed Peachtree Street. Is the writing on the wall? The connections between Emory and the nun-run Mercy Housing, Inc. and Central Atlanta Progress and Manny Fialkow and the SOVEREIGNLY IMMUNE City and Emory University and Emory Health Care, Inc. are a matter of record. Is the handwriting on the wall?
The King James 1611 translates the chilling words, “You are weighed in the balances and found wanting.” The NIV reads, “You have been weighed on the scales and found wanting.” The scales of JUSTICE never balance for conspirators such as TEAM GOLIATH. Is the handwriting on the wall? The most recent atrocity of TEAM GOLIATH flooding the streets downtown with homeless women and children is beyond description. Emory Health Care stands accused by innocent little children who don’t know where they will spend their next hour. The Gateway Board of Directors closed its doors to ready itself for the men at The Pine when Manny Fialkow and our judicial system finish the job of stealing the building. (See my piece, (“Naboth’s Peachtree Pine” posted October 26, 2011) The nuns of Mercy Housing, Inc., a huge arm of the conspiracy, have joined hands with Horace Sibley and Manny Fialkow to force Peachtree Pine into foreclosure. One nun wrote (I have the e-mail) that the City of Atlanta will be in Mercy Housing’s debt for helping to put them in foreclosure. Imagine the NUNS of mercy and MANNY FIALKOW as bedfellows. Is the handwriting on the wall? Oh, Lord, what a morning!
James Wilson Beaty
Jeremiah 22:16
September 17, 2013
People Are Hurting
August 9, 2013
The Metro Atlanta Task Force for the Homeless, Inc. this a.m. delivered a check to a motel south of Atlanta that purchased five nights of “housing” for a family of seven: a husband and wife and their five children, ages 18 through 4. The Task Force also provided spending money and a full tank of gas. All four school-age children are in school. The father begins a job next week as a sales representative. The father has been unemployed for six months and housing was lost five months ago. The father in this family will come into Peachtree Pine to speak with one of our staff who daily addresses similar cases.
The only way that the Task Force could provide financial help to this family is through the kind and generous donations of a few caring people. ALL funding to the Task Force has been stopped through a decade old conspiracy whose mission is to disappear the Peachtree Pine Community from Peachtree Street. The conspirators whom I call TEAM GOLIATH have failed to remove Little David from hallowed Peachtree. Central Atlanta Progress, Atlanta Downtown Improvement District, Philanthropist Manny Fialkow, Emory Health Care, Inc. and Emory University have maneuvered themselves into prickly lawsuits that have some goliaths squirming in their towers. The City of Atlanta, that moving violation from its pate down to its shoes, slithered out of being sued with its buddy system called a federal judge. The City of Atlanta having to face Little David in a lawsuit like this one could never happen. Sovereign immunity is a given. Henry VIII could not be tried for murdering two of his wives; he’s the king. Walter Brueggemann says, “That’s what kings do.” Atlanta United Way is another lily white conspirator that has slipped under the radar. I’m not sure why as this team for righteousness, like the bogus Tri-J Continuum of Care, Inc., sits squarely in the middle of the conspiracy mix.
The Task Force for the Homeless, Inc. receives from the City of Atlanta, ZERO dollars. The Task for the Homeless, Inc. receives from Atlanta United Way, ZERO dollars. The Task Force for the Homeless, Inc. receives from Fulton County, ZERO dollars. The Atlanta Task Force for the Homeless, Inc. receives from the Peachtree Corridor houses of worship, ZERO dollars. The Atlanta Task Force for the Homeless, Inc. receives from the “unbiased” Tri-J, ZERO dollars. The Atlanta Task Force for the Homeless, Inc. receives from the Nun-Run Mercy Housing, Inc., ZERO dollars. This was not always the case. Many of these entities previously funded the Task Force. But after Richard Orr of CAP and Homeless Czar Debi Starnes and Homeless Commissioner Chair Horace Sibley did their nefarious work, all funding stopped.
So far, as of this date, August 9, 2013, Anita Beaty, Executive Director of the Task Force has been deposed three days and a total of eleven hours by attorneys representing the defendants. Remember the defendants are on trial. They are accused of racketeering and tortious interference. The Task Force is not on trial. The conspirators’ attorneys’ questions attempt always to show that the Task Force is poorly organized, poorly run, doesn’t pay its debts and warehouses its victims. Their questions follow the line taken by Episcopal CEO, Rector Hoare who said from his Varsity Grill pulpit that Peachtree Pine is a squalor.
After hours of questioning at the Baker Donalson Law Firm, everyone took a break. In that break time Anita Beaty received a call from a family of five, homeless, carless. penniless. After her five hours of being deposed by lawyers representing the TEAM GOLIATH conspiracy, the Task Force executive director delivered a Task Force check enabling that family to stay five days in a motel. How noble it would have been for lawyers representing conspirator CAP, conspirator ADID and conspirator Philanthropist Manny Fialkow to throw in 30 pieces of silver for a homeless family.
I’m studying the life of William Stringfellow who stood ready as a brilliant attorney to help destitute people in Harlem. He did that every day. In my search to find why would he do such a thing, giving his life for the poor. I have found the answer. HEART!!! Bill Stringfellow was heart, all heart1 He couldn’t say, “No.” The Task Force has no funds to help families such as the two I have mentioned. The principalities and powers responsible for helping them won’t help them and are damned and determined that the likes of Anita Beaty will not help them. Should your HEART move you to send financial support we’ll continue to help whomever we can. Should you send enough for a tank of gas, it could enable someone to search for a job. Thank you
James Wilson Beaty
Jeremiah 22:16
August 9, 2013.
Residents At Peachtree Pine, January 23, 24, 2012
January 25, 2012
On the night of Monday, January 23, 2012 690 people spent the night at The Peachtree Pine facility. On the night of January 24, 2012, 632 men and 7 women spent the night at the Peachtree Pine facility. Note please that women or women with their children stay at this facility only when they cannot be placed in any other facility.
When the Peachtree Pine Community is shut down and these people are “kicked out,” where will these 700 people go? United Way? Gateway? Central Atlanta Progress? Wake Up, Stay Up? All Saints Episcopal Church? Emory Hospital Midtown? Cousins Properties? Troutman Sanders? Sovereignly immune City Hall? The Varsity? Ichthus, Inc.? Mercy Housing, Inc.? We shall see. We shall see. Good night Team Goliath. Sleep warm Jack. Sleep warm Manny. Sleep warm Vince. Sleep warm Rector Hoar. Sleep warm A. J.. Sleep warm Rock de Rock Hill. Sleep warm Rhonda Cook. Sleep warm Peggy. Sleep warm Rufus. Sleep warm Bumbot. Rest in peace AJC. Sleep warm Milton. Sleep warm Dave. Sleep warm dear Debi. Sleep warm Number 81. Sleep warm Jim Lee. Sleep warm Judy.
James Wilson Beaty
Jeremiah 22:12
January 25, 2012
Scovereign Immunity Protects The City of Atlanta – – MOMENTARILY
October 17, 2011
“Sovereign Immunity” means “You can’t sue the King.” The King can lie and cheat and steal and rape and murder, but he can’t be sued. He’s the King. That was true of Henry VIII of England. He died of natural causes in his bed, never tried by any court. He did what kings do. However, Charles I of England was tried and beheaded near St. James’s Palace in London on a a brutal January morning in 1649. The nearby River Thames lay frozen. An observer watching the King’s head roll said that his beheading was “the saddest sight that England had ever seen.” Sovereign Immunity protected Henry VIII, not Charles I. Some kings cannot hide under Sovereign Immunity.
For the moment, the City of Atlanta basks in “a stay of execution” as it was granted a motion for Summary Judgement. The actionless HAG and the suspect Atlanta United Way and the corrupt Central Atlanta Progress and the questionable Manny Fialkow and the now unprotected Emory Health Care, Inc. all await the closing of the doors of Peachtree Pine. The Rev. Vince “fortnight” Smith of Union Mission/Gateway/HAG fame said at The HAG’s October 11, 2011, meeting at the opulent North Avenue Presbyterian Church that the doors of Peachtree Pine could close within “a fortnight.” In his kindness the fulsome cleric explained to the unwashed of us present that “fortnight” means “two weeks.” Rev. Smith was there to present to The HAG a plan to move after their eviction the 700 to 1000 residents of Peachtree Pine. This “disaster relief” plan (an expert in the audience called it “disaster relief” and likened it to Hurricane Katrina” must be ready momentarily. Smith also stated that the removal of these 700 to 1000 men would be done “in a godly manner.” That comment brings to my mind the Babylonian King Nebuchadnezzar taking away in chains the King of Judah, his associates and most of the citizens of Jerusalem to prison. I wonder if the King assured the captives that their transformation by His United Way is being done “in a godly manner.” Imagine the words “in a godly manner” being associated with names like Debi Starnes, Horace Sibley, A. J. Robinson and Manny Fialkow.
Eight of the men in the Transitional Program at Peachtree Pine attended with me that October 11, 2011, gathering of the HAGites. We had been alerted by a deep throat that a plan to move the 700 to 1000 men would be unveiled. We were NOT invited to that or any other of their planning sessions. We never have been invited. Especially, when conspirators traveled in a CAP van to speak with Dan Cathy about Peachtree Pine, we were not invited. We learned of that tortious interference and collusion only through subpoened documents gathered from those who now stand accused.
At The HAG meeting Rev. Smith presented a pie chart that summed up the plan to move the men off Peachtree Street. I don’t believe Smith knew that during that very morning of October 11, 2011, Emory University and Emory Health Care, Inc. had been sued as another racketeering party in yet another separate law suit. This suit was filed against Emory in the Superior Court of Dekalb County.
Moreover, all the glee around downtown and in other dark places like The HAG hideout may be rejoicing a bit early. The little battle over suing the King was lost, but the WAR with that particular group of exclusionists is far from over The Fat Lady has not sung. The Judge who ruled in favor of The City has been requested by Baker Donelson lawyers to reconsider his ruling. Should that not happen an appeal of that decision to a higher court is possible. Suppose for discussion purposes that The City of Atlanta enjoys a permanent “stay” and will not be exposed before a jury, many other defendants and POTENTIAL defendants hover in the wings. Those already facing trial at this point are Central Atlanta Progress, Atlanta Downtown Improvement District, Developer Manny Fialkow, Emory University and Emory Health Care, Inc. These defendants do not come under Sovereign Immunity. There is not a king in the gang. I admit that I was brought up to believe that Coca Cola, its outpost, Emory, and God, Himself, were beyond scrutiny whenever they broke the law. I was wrong on one of the three in that holy trinity.
Smith’s plan presented to the HAGites is priceless. It’s a pie chart headed by the title, “Helping Men Experiencing Homelessness.” There are seven pieces of the pie. The seventh piece features only a question mark (?). That one represents discussion, input from the audience. The next piece of the pie names the places where 700 to 1000 men will be placed somewhere whenever they leave Peachtree Street. Smith’s first piece reads “Emergency Shelter: Atlanta Union Mission-100, GWC-150 (Gateway?)”, “Salvation Army-130” and “Jefferson House – 75.” That’s 455. That’s good but the Union Mission exits a large number of men every morning to Peachtree Pine. That’s good. The model Gateway sends people to Peachtree Pine daily when it is full. That piece of the pie carries an odor no longer redolent. That promise is as old and as empty as Thw HAG itself. Like Lazarus it “stinketh” already, and I’m afraid it won’t keep until Saturday.
The last four pieces of the pie read: “Staging and Triage (Stan Dawson)”: Next, “Transportation (Ed Powers)”: Next:”Health (Tom Andrews):” Next: “Case Management:” and finally “Transitional Housing and Programs. There’s your “Helping Pie.” It has to be noted that everything mentioned in this chart TAKES PLACE EVERY DAY at the Peachtree Pine Community. All eight men with me at The HAG work with broken, desperate folks daily. We have been stripped of all funding. Not one of our staff is paid. And United Way and Jack Hardin in legal documents report to a judge that ALL the men at Peachtree Pine will be placed as soon as the City and the Courts shut the doors. The Reverend Dr. Vince “fortnight” Smith promises that this eviction will be done “in a godly manner.”
Godly means “conforming to the laws and wishes of God; devout, pious: coming from God, divine”
When an Englishman in London on a freezing morning in January of 1649 saw his king murdered, he exclaimed, “This is the saddest sight that England ever saw. An American observes on a sad day in 2011 that if the atrocities against the poor committed by some of our City’s leaders go unanswered in courts of law, “Atlanta has seen one of its saddest days.”
James Wilson Beaty
Jeremiah 22:16
October 17, 2011
Judge Craig Schwall: “Wait a minute!” “Wait a minute!”
June 14, 2011
Judge Craig Schwall: “Wait a minute!” “Wait a minute!”
The following questions and answers are quoted from the Status Hearing on June 10, 2011, in the Superior Court of Fulton County. Mr. Hall is counsel for the Task Force. Mr. Moffett is counsel for Emanuel Fialkow. Mr. Kushner is counsel for Premium Funding Solutions. The Honorable Judge Craig Schwall is presiding.
Judge Schwall: Tuesday morning at 10:00 o’clock. And, Mr. Bonder, I’m not letting you out. Unless there is something else for us to take up, I will deal with that, and then I will order mediation after that. I don’t think there’s anything else we can take up.
Mr. Kushner: Are you lifting the stay, Your Honor, so our motion that has been pending since February can be – –
Judge Schwall: What stay?
Mr. Kushner: The leave to file the dispossessory.
Judge Schwall: No.
Mr. Kushner: What about getting the rent for the property?
Judge Schwall: No.
Mr. Kushner: They have been in the property free since June of 2006.
Judge Schwall: But you’ve got a piece of property that your own appraisal says is worth 4 to 5 million dollars.
Mr. Kushner: That’s their appraisal. Our appraisal doesn’t say it’s worth that.
Judge Schwall: What does your appraisal say?
Mr. Kushner: I don’t know that he has an appraisal. We estimated – –
Judge Schwall: I thought we were in court and everybody agreed what the property was worth.
Mr. Kushner: We were not in court. I wasn’t even a party.
Judge Schwall: Well, then get me a current appraisal.
Mr. Kushner: But be that as it may, Your Honor, even if at some point it can be sold for $4 million there are on-going expenses that the Task Force refuses to pay for. They refuse to insure the building so my client is forced to pay for that.
Judge Schwall: Is the building insured?
Mr. Kushner: Yeah, because we paid for it.
Mr. Hall: Your Honor, I am troubled by what I am hearing compared to what I have seen in the documents. I mean, I’m holding in my hand a document where there’s a discussion of Manny Fialkow demanding $200,000 be contributed from the other players in this case because he’s going to be the one to foreclose and kick them out. The whole idea – – I understand Premium Funding Solutions is owned by Manny Fialkow’s wife.
Judge Schwall: Wait a minute. Is that an email?
Mr. Hall: This is an email from A. J. Robinson to a player at Emory University. I’ve got Mr. Fialkow saying, these are how I structure my deals. I put up a personal guarantee. I take 50 percent of the return that comes above it. You, whoever loaned some money, to come in. I’ve never heard this gentleman’s name (Dustin Walsey) until today.
Judge Schwall: Did Mr. Fialkow personally guarantee the note to Premium Funding?
Mr. Kushner: No.
Judge Schwall: All right.
Mr. Moffett: That’s just a misrepresentation of the evidence, as I understand it.
Mr. Kushner: That predates even Ichthus buying the notes and foreclosing.
Mr. Hall: Counsel told me that Premium Finance Solutions was owned by Mr. Fialkow’s wife three weeks ago on the phone.
Mr. Kushner: That’s not what I told you. The two members are Sunshine Properties Group, one of the members of that is Mr. Fialkow’s wife. The other member is Mr. Walsey.
Mr. Hall: And none of that was mentioned when Your Honor asked a direct question a moment ago that there were two members to this entity and one was Mr. Fialkow’s wife..
Mr. Kushner: Is a representative of – –
Judge Schwall: Wait a minute. Mr. Fialkow’s wife is a part of Premium Funding?
Mr. Kushner: No. She is a member of an LLC that is a member of Premium Funding.
Note: Just one question. Are lawyers UNDER OATH whenever they answer a Judge’s questions?
James Wilson Beaty
Jeremiah 22.16
June 14, 2011
Judge Schwall: “Why has Mr. Fialkow’s deposition not been taken?”
Fulton County Superior Court Judge Craig Schwall asked TEAM GOLIATH attorneys this and many other questions on Friday, June 10, 2011. This Status Hearing began at 11:15 and ended at noon. It was short and sweet or not so sweet depending on one’s outlook for the future.
Three TEAM GOLIATH lawyers representing those accused of conspiracy and tortuous interference and fraud and collusion were physically present and two others were present by conference call. The roll call of attorneys reads as follows: Steven Riddell with Troutman Sanders on behalf of Central Atlanta Progress. Steven Kushner with Fellows Labriola on behalf of Premier Funding Solutions and he brought a Mr. Walsey with him. (Premier Funding Solutions is a Manny Fialkow company “owned” by Mr. Walsey.) Scott Bonder on behalf of Ichthus and with him is Valerie McClellan, the trustee. (Ichthus Inc. is yet another Manny Fialkow company formed in Nevada in 2010, now broke.). Lynn Roberson on the phone on behalf of (ADID) Atlanta Downtown Improvement District. Matt Moffett for the defendant Manny Fialkow, also on the phone with Moffett.
Baker Donelson attorneys Steve Hall and Bob Brazier were in the courtroom representing the Task Force.
Judge Schwall: Listen, I mean, I know I look stupid but I’m not. I’m not playing this game. Tell me about what Mr. Fialkow has done for the homeless since this lawsuit started? He’s so concerned about the homeless.
Mr. Moffett: Who is concerned about the homeless?
Judge Schwall: Mr. Fialkow, his first lawyers, when I first got involved in this case, said he wanted to provide services for the homeless. What has he done?
Mr. Moffett: Judge, he is involved in charitable endeavors.
Judge Schwall: That’s not the question I asked. What has he done for the homeless in Atlanta, Georgia?
Mr. Moffett: Well, Judge, I’m not prepared to answer what he has done, and –
Judge Schwall: Well, he’s on the phone. Let him answer. He’s on the phone, let him answer.
Mr. Moffett: Well, Judge, I certainly would object to him giving testimony. I didn’t know that this was going to be an evidentiary hearing.
Judge Schwall: Well, you know what, when I called this hearing you knew exactly what I was going to do. I was going to order Fialkow deposed on the stand. That’s why you all didn’t want to be here. Now, Mr. Fialkow is going to play games with me.
Mr. Moffett: I want to be there.
• * *
Judge Schwall: Why has Mr. Fialkow’s deposition not been taken?
Mr. Hall: Because they filed the SLAPP suit motion and refused to participate in discovery under the terms of that, and since then we have not been able to, and Your Honor, stayed discovery for the mediation. But I will say that the documentation that Ichthus provided in the beginning prior to the stay on discovery was woefully inadequate. They refused to give me any electronic data. They have consistently told me things that are simply nothing other than subterfuge.
Judge Schwall: All right. Let’s talk about things that are not going to happen. What’s not going to happen is no lawyers are getting out of this case. That’s number one. Number two, there is not going to be a dispossessory pending this lawsuit. So now that we understand where we’re going, and there will be a mediation, and this case has touched the City of Atlanta, it has touched the philanthropic community, the charitable community, those that are advocates for the less fortunate among us, and I would envision a global mediation, especially since the City of Atlanta has been sued in Federal Court, and especially since there is a HUD action looming, I would hope that all the players would want to come together and resolve this.
• * *
Three salient orders from Judge Schwall resulted from this Status Hearing, Friday, June 10, 2011, in the Superior Court of Fulton County:
1. A motion for Dispossession (the 8th motion) was denied and will not be offered again. This means that the Task Force and the people who live at the Peachtree Pine community may remain there until this case is settled in or out of court. In other words the 600 “chronically homeless” (a la Horace Sibley) community will stay put until the fat lady sings. Years may pass before she sings.
2. Judge Schwall ordered an immediate mediation calling everyone to the table. A few he named are United Way, the City of Atlanta, Emory University, Central Atlanta Progress, ADID, Philanthropist Manny Fialkow. This really is not the tip of the conspiracy. This mediation could take place as early as the middle of July.
3. Lawyer Bonder’s motion to withdraw from the case was denied. However, he’s $13,000 richer than when court convened because ADID through their lawyer and CAP through their lawyer agreed to pay Manny Fialkow’s arrears. Another part of his arrears is the $400 an hour tab that is running for the Special Court Master. Now a preacher and another lawyer will be paid to mediate.
Note: Several questions rise to the surface:
Why are ADID and CAP desperate to keep Manny Fialkow from being deposed? Which of the conspirators paid the nun-run Mercy Loan, Inc. the $900,000 that came through Ichthus, Inc. which now has no money? Does Emory University need the protective order that keeps their subpoenaed documents (10,000 pages) from the public? Fialkow must hid. What is the urban regime’s ultimate plans for the building at Peachtree and Pine? A sky scraper, perhaps? Why were two of Fialkow’s companies in this lawsuit formed in Nevada? Who is the new person just surfaced, Mr. Dustin Walsey? Lawyer Kushner told the Court that Walsey owns Premium Funding Systems, Inc.? Will Pete Walker and Mercy Housing be at the table to mediate?Where do the nuns think Ichthus, Inc. is now? How does the good wife Fialkow figure in all this? Was Manny Fialkow speechless when asked what he has done for the homeless? One thing he has done was to foreclose illegally the place where 600 “chronically homeless people” (Thank you, Hosby”) call home.
James Wilson Beaty
Jeremiah 22.16
June 13, 2011