Thursday, October 27, 2016

Front page Record article on Mayor RICH O'BRIEN's False Police Report Omits Statute, O'Brien's Law Firm, Which Represents Developers, former lawyers for City of St. Augustine Beach

Page one article in St. Augustine Record on Mayor RICH O'BRIEN's false police report:
1. Omits the fact that O'BRIEN's law firm is ST. JOHNS LAW GROUP, developer lawyers.
2. Omits the fact that O'BRIEN's false police report may be a third degree felony.
3. Repeats unsubstantiated claim that O'BRIEN had permission for his employees to dump water in sewer after Hurricane Matthew.
4. No update stating fact that Judge has issued an amended order, in writing at 7:41 AM on October 27.
Wonder why?

Posted October 27, 2016 06:53 am - Updated October 27, 2016 10:38 am
By SHELDON GARDNER sheldon.gardner@staugustine.com
St. Augustine Beach mayor, beach resident cross paths after court hearing on injunction

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Shortly after a Wednesday morning court hearing involving St. Augustine Beach’s mayor and a beach resident, the two men crossed paths again.

The court hearing, heard by Judge Howard McGillin Jr., extended the terms of a temporary injunction for protection against stalking, meaning Tom Reynolds is ordered not to contact Mayor Rich O’Brien or come within 500 feet of O’Brien’s house or some other places he frequents.

McGillin also moved the final injunction hearing to Nov. 9 and said the temporary injunction doesn’t limit First-Amendment-protected activity: Reynolds can go to City Hall and to commission meetings and speak. He’s also free to travel to and from his home, though that might mean crossing paths with O’Brien’s home and businesses, provided he doesn’t linger.

Both Reynolds and O’Brien were at the hearing with their attorneys.

Later, they ended up near St. Augustine Beach City Hall and the St. Augustine Beach Police Department.

That’s when Cmdr. Jim Parker got a phone call.

O’Brien told Parker that Reynolds was there and asked if Reynolds was violating the injunction, said Parker, an officer with the St. Augustine Beach Police Department.

Parker said both Reynolds and O’Brien acknowledged the provisions about the temporary injunction that McGillin described, such as visits to City Hall.

But the order that Parker received about the injunction extension did not list those provisions, so Parker said he told Reynolds he had to go.

“Tom agreed to leave based on what we have at face value at the moment,” Parker said.

O’Brien filed a petition for a temporary injunction on Oct. 14, and McGillin granted it three days later.

In the petition, O’Brien signed a statement that said he feared for his and his wife’s safety. The petition also says an employee of O’Brien’s feared for his safety.

In the petition, O’Brien claims Reynolds yelled at the employee about O’Brien at an address listed for O’Brien’s La Fiesta Ocean Inn &Suites. Reynolds denied the account in the petition.

O’Brien also described “disparaging” and profane emails sent from Reynolds, and a City Commission meeting when, “Mr. Reynolds was yelling and disrupting our meeting to the point where he would not be quiet, and I had to have him removed from this meeting by the police,” according to the petition.

Reynolds said the injunction was a move to silence him, and he said he had planned to present information about water being pumped from O’Brien’s hotel after Hurricane Matthew.

O’Brien said nothing was being pumped from the hotel and that a neighbor had city approval to pump storm water from the hurricane into a storm drain.

Reynolds’ attorney, Tom Cushman, said the temporary injunction shouldn’t have been granted. He said it describes First-Amendment-protected activity.

McGillin said the temporary injunction was not intended to limit First Amendment activity.

“He can clearly go to the St. Augustine [Beach] City Hall,” McGillin said. “He can participate in any political event at St. Augustine [Beach] City Hall. [This is not an] attempt to limit his First Amendment rights [whatsoever]— it’s merely to limit his contact with this individual in his private capacity, not in his public official capacity.”
Citing ‘serious’ safety concerns, St. Augustine Beach mayor files for injunction against local man

1 Comment


(edited)3 hours ago
Tommy Reynolds
Once again Commissioner Richard O'Brien has made false claims about my Dad. Then Commissioner O'Brien violated the Judge's Court Order by filling a Felony False Police Report. It amazes me that the Judge did not dismiss this case. Judge McGillin showed extreme Judicial favor for Richard O'Brien by allowing him to get a new Attorney at 4:35 pm the day before the hearing. My Dad and his Attorney, Thomas Cushman, were ready for the hearing. However, nobody ever said justice is fair or swift. I do know my Dad is a believer and God is with him. My Dad has patience and his day in Court is coming. Then he will be able to take Civil Actions for all of Commissioner O'Brien's SLAPP action cover-up.
Strategic Lawsuit Against Public Participation is very frowned upon and huge judgements are normally awarded.

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