It's All About Credibility and Oma Hamou Reality Blog baby You've got None!
It's All About Credibility Stupid...
"...Attached hereto as Exhibit “F” is correspondence from Ms. Hamou to Mr. Moshein placing him on notice that the statements he was publishing were false and to cease with their publication. As the defamatory information was posted on the internet, it was published to the general public a new each day, even after Mr. Moshein was advised to the materials false nature. A fact question exists as to whether a reasonable person would have published such outrageous statements without a more thorough investigation into their veracity; especially after being notified of their inaccuracy.
Based on the facts set forth in “Exhibit “F”, not only was Mr. Moshein negligent with regard to the truth of the published statements, but a fact question exists as to whether his actions rise to the level of actual malice. Actual malice in a defamation case is a term of art. Unlike common-law malice, it does not include ill-will, spite, or evil motive. Huckabee v. Tie Warner Entertainment CO. LP., 19 SW3d 413, 421-21 (Tex. 2000). Rather, to establish actual malice, Ms. Hamou must show that the defendant made thestatement "with knowledge that it was false or with reckless disregard of whether it was true or not." Id. at 420. (citing New York Times Co. v. Sullivan 376 US 254, 279-280,(1964). Reckless disregard is also a term of art. Id. at 420 To establish reckless disregard,a public figure must prove that the publisher "entertained serious doubts as to the truth of his publication.” Forbes v. Granada Biosciences Inc. 124 SW3d 167, 172 (Tex. 2003) Despite Ms. Hamou providing Mr. Moshein with notice of the false nature of the outrageous claims (e.g. a terrorist, a violent criminal), Mr. Moshein continued with the publication. At the very least, Mr. Moshein should have questioned the truth of the outrageous nature of the statements.
Enigma Films, The Sarskaia Foundation, Oma Hamou v. Robert D. Atchison, Robert M. Moshein, Pallasart Web Ventures, Inc. Case No. GN303141 - Austin, Texas http://omahamou.com/PDF/HAMOUANSWERMOSHEINSUMMARY.PDF
OMA HAMOU REALITY BLOG PSYCHOSIS:
The definition of Psychosis:
Psychosis is a generic psychiatric term for a mental state in which thought and perception are severely impaired. Persons experiencing a psychotic episode may experience hallucinations, hold delusional beliefs (e.g., grandiose or paranoid delusions), demonstrate personality changes and exhibit disorganized thinking (see thought disorder). This is often accompanied by lack of insight into the unusual or bizarre nature of such behavior, difficulties with social interaction and impairments in carrying out the activities of daily living. A psychotic episode is often described as involving a "loss of contact with reality"
http://en.wikipedia.org/wiki/Psychosis
ANY OF THIS SOUND FAMILIAR?
THE PSYCHOSIS IN MOTION
QUOTE ROB MOSHEIN: April 22, 2006 "...Oh yeah, the owner," Anastasia..." spend the thirty dollars for yourself and run the Intelius report, I did. The addresses don't match up, and THAT one is married...THIS one claims a "boyfriend". No, I wont' give you the benefit of my expense. If you want verification, its there for you to buy for yourself...
QUOTE ANASTASIA DAVIS: I love the way your story changes. You first wrote to RealAnastasia and told her there is no one in Austin named Anastasia D... Well, I am here and now that you know that everyone can easily see that, you try to tell me I can't be *that* Anastasia D... (BTW, I have had 4 different addresses since moving to Austin. Ever think that maybe some random report hasn't caught up with the current one? I never claimed to have lived at this address for any specific period of time.) As for being married, I am not, and I do live with my boyfriend. Have I ever been married and/or divorced? That's none of your business. So which is it? Do I not exist or am I trying to steal someone else's identity? Inquiring minds want to know...
QUOTE ROB MOSHEIN: "...It is fascinating that you complain on the one hand of allowing public harassment and humiliation in OUR Board, yet the psuedo Anastasia D... (and yes I did go check the veracity of the PUBLICLY posted registration address, funny how you JUMP to assume criminal intent, itself slander when published...) can go on for literally hundreds and hundreds of pages. You know yourself FULL WELL that you would be the first to scream if such behavior about YOU was published on our (APO insert: Bob Atchison's Alexander Palace Time Machine) Forum...
QUOTE ANASTASIA DAVIS: The very fact that you are telling ANYONE that I'm not who I say I am, is proof of your moral character. You have never met me, and if by some stretch of the imagination you actually believe your own lies, you're simply a lousy reseacher. According to intelius.com, there are two of me here in Austin....And like I said before, if you'd really like to come here and meet me, just let me know. My boyfriend would love the opportunity to come face to face with you. Although I somehow don't think you have the courage to actually go through with it...
QUOTE ANASTASIA DAVIS: May 17, 2006 - I never imagined I would be attacked by the owner/moderator of another site, who would lie to others about me behind my back. And then he and his "arch enemy" (and their various people) would take over and use the place as their personal mud wrestling ring...
QUOTE ROB MOSHEIN: "...and yet, you do nothing about it whatsoever. Isn't that salient? All these "lies" about "you", "Oma" etc...are all still there for the world to read. I wonder why? You claim I lied about going to your "address" (I did, twice actually, funny you don't know about the second time, you would have if you really lived there. Thats all I'll say. Trick question "Anastasia", what Texas county do you live in? come on, I double dog dare you to answer publicly) Then you hide behind a registration service for this website. I wonder why, if you are so "above board" with nothing to hide and the aggressive "boyfriend" to protect you...
QUOTE ANASTASIA DAVIS: Gee, since you double dog dared me. Who can resist that? I live in Williamson County. My next door neighbor is in Travis county. We are literally on the line. I also work in Williamson county, yet spend the day looking across the street at Travis county. So you have attempted to stalk me not once, but twice? Good to know. I guess your instinct for directions still aren't too hot, because I'm still exactly where I originally said I am. As for hiding behind a registration service, it's not really hiding. If you have a fucking fruit loop of a nutjob claiming they came to your house, you'd probably think about keeping the other fruit loops from getting the same idea. (Non fruit loops are always welcome.) As for my boyfriend, there is nothing aggressive about him. But he is more than capable of protecting me and our home. A little something you should keep in mind should you ever decide to come here for real...
QUOTE ROB MOSHEIN: "...Then, all this "libel" all over the site. All still there...as any "web forum" admin can tell you, regardless of what you think, a forum owner/provider once "on notice" of libelous material is legally responsible for the libel if they continue to permit its publication. Call a good Texas attorney. Also, ever hear of "mititgation of damages"? See, you can't just leave lible about you lying around forever to rack up damages. The law demands that you take active steps to have the libel removed immediately. This is why Oma/Justin/Jim/Terry will lose any "lawsuit" as she/they have done nothing to prevent further publication of the "libel" alleged. In fact by permitting people to keep quoting and requoteing allegedly libelous material, you are legally responsible for its publication as if you made the posting yourself...
QUOTE ANASTASIA DAVIS: I don't see it as libel. I see it as you being exposed for the scumsucking son of a bitch you are. It's not libel if it's the truth!
QUOTE ROB MOSHEIN: "...and yet, you do nothing. not even abou the alleged "lies" about you yourself. I wonder why? Funny that you never heard that the sin of ommission is equal to the sin of commission. Just as true in the Texas Courts as sunday school. I have a "real life" too, and yet I find time to completely admin and police a forum that has quite literally ten thousand times the users as this one. I guess its just a difference what we consider important...Your actions and lack thereof speak far more eloquently about you and your genuine motives here than anything else. Literally, Res Ipsa Loquitor...QUOTE ANASTASIA DAVIS: I haven't done "nothing." Every time you've lied about me, I've been quite forward in calling you out on it. If I had something to hide, I'd be running around erasing posts all day. But I don't. I stand behind everything I say, and if you want to waste your time making up lies about me, I'm more than happy to let the rest of the people here read it, and if they have any questions, they can come to me and ask...
QUOTE ROB MOSHEIN: "Anastasia"/Oma, I will grant your answer is quite correct about Williamson county. However the nice older lady I spoke to outside, with the german sounding last name, I can't recall it just now and don't have my notes with me, said she owned the property and never heard of you or your live in boyfriend..."
QUOTE ANASTASIA DAVIS: Be sure to come back with those notes. I'd like to know who the elderly senile woman was wondering around my home. This house was built by a couple who later rented it to my boyfriend when they moved out, and he then bought the house from them. No one who could be classified as "elderly" has ever lived here. Dammit. Now you've got me worried some nice old lady doesn't know where she is...
QUOTE ROB MOSHEIN: "...Interesting that you decide to define my verifying public information, the public posted address you used, as "stalking". something only Hamou does. You yourself ought to realize how utterly stupid it is to say I'm "stalking" someone who's real name or address I don't know, much less a person I've never met...
QUOTE ANASTASIA DAVIS: If you saved the info from that whois, you have my real name and address. But we have never met, I'll give you that. And I'll also give you that stalking may be the wrong word. Lying to everyone here that you came to my house, and then making up a nice old lady to attempt to confirm your lies is very much the work of a fruit loop. So you're not a stalker. Just a fruit loop...
QUOTE ROB MOSHEIN: "...Gee and yet you keep me around. I'd think I would be the FIRST person you'd ban forever, even after I ASKED you to ban me, you still wouldn't. The only obvious reason is that you secretly WANT me here, to read all of Oma/Justin/Mike/Terry/Anastasia/and the miraculous uber-baby 's postings....
QUOTE ANASTASIA DAVIS: Like I said, this is an unmoderated forum. Someday I may be forced to change that, but for now, that's how it is. Yes, you asked me to ban you. Any reason you think I should have granted your request? You're more than welcome to leave and never come back. Do you not have the strength on your own to stay away?
QUOTE ROB MOSHEIN: "...and you still didn't answer my questions, Oma/anastasia, about why you keep all this "libel" about all these persons here, if you don't like your forum being "hijacked" by the fucking fruit loops of nutjobs...Again, the only reason is that you WANT all the Hamou/Justin ad nauseum stuff UP and available to be read...
\QUOTE ANASTASIA DAVIS: Wait, wait, wait. Hold up a second. Let me get this right. Now you're saying I'm Oma. But you just said we've never met. Which is it?
QUOTE ROB MOSHEIN: "You still just keep answering my questions by your actions, despite the typical Hamou smokescreen of foul-mouthed grammar school verbiage...
QUOTE ANASTASIA DAVIS: Okay, so you're saying I am Oma. I wish someone would have told me I had my own film company. I never would have left Los Angeles...
QUOTE OLGA FAN: May 27, 2006 "Because, othewise, why would Bob/Rob accuse the Forum Admin Anastasia as Oma's agent or Oma herself? FA Anastasia even posted her cute photo in the pet thread, and they still don't seem to believe her for some reason...
QUOTE ANASTASIA DAVIS: Best I can tell, it's because they didn't like the idea of having people from the AP forum having somewhere else to discuss the Anastasia/Anna Anderson topic in an evironment they can't control. And not only did people from the AP come here, but well known authors and historians of the subject, such as Peter Kurth, Greg King and Penny Wilson decided to post. I created this forum last year as a place for those interested in the Anna Anderson story to discuss it without being ridiculed.I knew nothing about Bob/Oma when I created this forum. If someone wants to go back and research the time frame between the creation of this forum, and the first discussion about Bob and Oma, let me know. I'd be curious about the answer myself. At some point, Rob Moshein decided to try to stir up trouble by claiming that I'm lying about my identity. Before that I wasn't really aware of the whole Bob/Oma issue. Had Rob Moshein not attacked me and lied about me behind my back, the whole Bob/Oma thing wouldn't have been tolerated in the first place. However, I'll admit my curiosity got the better of me. Rob Moshein can thank himself for that. My initial instincts said that if Rob would take the time and trouble to make up lies about me simply because I decided to start up a forum, it made sense that Oma had been a victim herself, because obviously those two had an actual history. I've never even met Bob or Rob. (Or Oma, for that matter.) So I let the discussions go on unmoderated. In a way, I regret that I did. But then again, it seems a lot of questions have been raised on both sides. I don't think one side is 100% guilty or innocent. There are things about Oma I find very suspicious. There are things about Bob I think are severely shady. How will everything end? Only time will tell. My name is Anastasia....and I live in Austin, TX. I live at the address that used to be publicly posted in the whois for this domain. I have owned many, many domains over the last 10 years or so, and this is the first time I've had to withdraw my information from a whois because someone attempted to use the information against me.I still fail to see what I would have to gain by lying about who I am and where I live.
What difference would that make, really, to people posting on this forum? Membership to this forum is free. Have I ever asked anyone here for money? Have I tried to sell anyone something? Is there a business attached to this forum, or some other source of income? No, there is not. I pay for the domain and the webspace, and let others post here for free.What was Rob Moshein's motive for trying to start trouble for someone who simply wanted to start an alternative forum for people to discuss "The Legend Of Anastasia"?
Why would he take the address from the whois and come to my home looking for me? What was he planning to do when he found me? (And he certainly can, because I'm still right here, where I've always said I am.) What is his motivation for lying and saying he's been to the address in the whois and saying I don't really live here?
If I was really Oma Hamou, or someone in her "camp" there are certainly things here I would have censored or deleted. But I've left up 99.9% of everything anyone here has posted. (That other .1% were excess copies of the same post. No information was lost.) I have no connection to Oma or her people aside from the fact that they are allowed to post on this forum. I have no connection to Bob or Rob, aside from being attacked by and having Rob lie to others about me behind my back. Yet I allow them to post here too. If I had ANYTHING to hide, this forum would not be unmoderated and several people would have been. banned...
posted by Sandman at 3:04 PM
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