DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO PRODUCE DOCUMENTS

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANTS' MOTION TO COMPEL PLAINTIFF TO PRODUCE DOCUMENTS

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NO 97-1197-CV-ORL

AWARE WOMAN CENTER FOR CHOICE, INC, et al,
Defendants, Counterclaim Plaintiffs,

-versus-

MEREDITH TROTTER RANEY, JR, et al,
Plaintiff, Counterclaim Defendants.

DEFENDANTS' MOTION & MEMORANDUM TO COMPEL RANEY TO PRODUCE DOCUMENTS PREVIOUSLY WITHHELD AND TO UNDERGO MENTAL HEALTH EVALUATION AND TAKE PREVIOUSLY PRESCRIBED MEDICATION WITH MONITORING

AWCC respectfully moves this Court to compel Messrs Raney and Sapp to comply with long outstanding reasonable discovery requests regarding the production of documents and releases in a non-encrypted form, and for Mr Raney to undergo a reasonable mental health evaluation at a nearby Florida university hospital, and thereafter regular monitoring in Central Florida, to protect the safety of the AWCC class. In support of this motion, AWCC respectfully states as follows:

1997 TO DATE PERSONAL INFORMATION DERIVED FROM PATIENT & STAFF LICENSE PLATES IN HARD COPY FORM

Mr Raney has admitted that he orchestrates the copying of license plates and considerable additional personal information by unwanted surveillance done across the street from AWCC. The information is written on detailed surveillance log sheets by fundamentalist "scribes." Raney then inputs that information into CompuServe or TML and comes up with names, addresses, home location, descriptions, some medical facts, vehicle details, and more. The information is more than enough for stalking, blackmail, extortion, and other unwanted contact.

Raney has this on encrypted disks and has repeatedly evaded producing hard copy, although he has not yet invoked the Fifth Amendment. This is all in the Raney deposition excerpts flied in the recent AWCC opposition to Raney's motion for summary judgment.

Specifically, AWCC asks this Court to order Raney to produce, in standard 8.5 x 11 in. white paper format, dated and in reverse chronological order, any and all information in his possession or to which he has possible access, from 1998 (November) back through 1993 (January), concerning individuals and vehicles that have passed in or out of the AWCC premises. That includes all of the personal information derived from any license plate or other identifying information on any vehicle, and all other such information gathered by Raney in any form or provided to him by any other person or means.

COMPUSERVE & AOL & TML RECORDS & RELEASES

Raney has had extensive dealings with several information and database services. He buys personal information on patients, doctors, staff, and others. He uses this information to make unwanted personal contact, and to facilitate violations of FACE and FDPPA. These are among the issues in this case.

The Court will recall Raney stating in his own West Palm Beach video tape: "You can play ignorant [about trespassing]. You can get away with a lot of stuff by playing ignorant," Raney as Counselor, Video, Exhibit 5 to Memorandum of AWCC in Opposition to Motion of Raney for Summary Judgment. This has arguably been his evasive approach to discovery, playing ignorant, but primarily just ignoring discovery requests.

In the end, however, it is less than coincidental that so many of the discovery gaps involve particularly incriminating information. Raney has not produced any CompuServe records at all despite some years of business dealings, nor any from AOL. He has not produced TML records fully, leaving out his "agreements" with the services in both instances. He has disclosed no other information services from which he ferrets out personal information on patients, staff and doctors. This information is important, material, and relevant.

Specifically, AWCC asks this Court to order Raney to produce the following pertaining to CompuServe, AOL, TML, and any and all other services which he has had any contact since 1993:

(1) All documents, in any form, in his possession or otherwise obtainable pertaining to CompuServe, AOL, TML Information Services, Dig Dirt, SpyForU, DBT-Online, and/or any other service, entity, or person from whom Raney has obtained information, directly, indirectly, or through intermediary "scribes," on any person or vehicle that entered or left the AWCC facility, including but not limited to

(i) contracts and/or agreements between Raney and such service(s),

(ii) written statements and/or representations by Raney as to the purpose for which he sought or would use such information,

(iii) representations by Raney as to his willingness not to use any information for unlawful purposes, and/or any purposes proscribed by FDPPA,

(iv) complete statements, whether weekly, monthly, or otherwise, from any and all such services for the last four years of the information received by Raney, including all dates, license plate numbers, and personal information passed on to Raney, with the date and year,

(v) any and all documents in any form thereafter produced by Raney containing information provided by any such service, with dates and years of production and dissemination,

AWCC further respectfully asks the Court to require Raney to sign and execute any releases necessary for AWCC to verify this information with the actual services in question, just in case something is inadvertently omitted. Releases are enclosed. Messrs Raney and Sapp have ignored these releases for the more than two months already.

MISSING TELEPHONE RECORDS, FAXES & RELEASE

Mr Raney produced at deposition some of his revealing long distance telephone records and faxes, but not others. These were sought to show his national and international communications with others involved in harassing and terrorizing reproductive health care facilities. Again, Raney ignored "release" requests and specific inquiries to complete this discovery.

Specifically, AWCC asks this Court to order Raney to sign and execute the enclosed communications records "release," and to produce the telephone records he has withheld from the following months: 11/98, 10/98, 09/98, 08/98, 07198, 03/98, 01198, 09/97, 08/97, 07/97, 11/96, and continuing monthly back to 01/89.

AWCC further asks this Court to order Raney to produce, in standard 8.5 x 11 in. white paper format, dated and in reverse chronological order, any and all Faxes, E-mails, and or other communications sent and/or received by or among the individuals named in the subpoena, including Randall Terry, Joseph Scheidler, Flip Benham, Mark Crutcher, Ed Martin, Judy Madsen, Linda McKusick, John "Jay" Rogers, Roy Ellison, William LeStourgeon, Raymond Unterburger, Eric Olson, any Cheffer, Mark Hall, Patricia McEwen, Cheryl Palmer, Pat Pinkston, Luther Laite, and Anne Blackburn, from this date back to the onset of Raney's overt activities toward AWCC and the Windles, i.e., January, 1989.

VEHICLE RENTAL RECORDS & RELEASE

Mr Raney has made considerable use of renter or loaner buses, vehicles and trucks in his overt activities against AWCC and the Windles. Much of this use has been arguably unlawful and/or tortious, even to facilitate criminal FACE violations, as in the West Palm Beach vicinity.

There Mr Raney testified in deposition that he was inspired to rise at 4:30 AM to go to the Aware clinic, in his big red truck. There he witnessed to his surprise two acquaintances chained to a clinic door, the other doors being strangely glued shut by phantom means. A dozen or so other Melbourne folks, similarly inspired before 5:00 AM, also showed up in West Palm, all organized to watch a surprise felony in progress. The situation reeks of accessories before the fact, conspiracy, and cover-up afterwards. Only the two chained up were prosecuted, while the others laughed at getting away from the "feds."

AWCC, being constitutional and patriotic, would like to pursue possible crimes and torts involved here, and to have this March 1995 matter referred by this Court to the West Palm U.S. Attorney and F.B.I. for further criminal prosecution. Raney videotaped much of this, and left the video on in his rental car which was not a red truck, and which had to be rented in advance, not at 4:30 AM.

Specifically, AWCC asks this Court to order Raney to produce his vehicle rental records and all credit card records from February 1995 to date to document rentals and purchases pertaining to his overt activities against AWCC and the Windles. A signed "release" for independent investigation is also needed.

EMPLOYMENT HISTORY RECORDS & RELEASE

Mr Raney worked in electronics at Harris Corporation from 1968 until sometime in the mid-to-late 1980s when something snapped. Evidence suggests a "snap" into severe and continually dangerous bi-polar manic depression. The degree and reason for the "snap" are relevant and material to this case and the safety of AWCC people. This must be explored fully. Mr Raney has not, however, been cooperative, so medical, employment, and psychiatric records and releases are needed. Candidly, AWCC would like to prevent another instance of shooting, bombing, or arson. Raney has electronic sophistication, and is on record for at least one "simulated" shooting of a doctor he chased down the highway.

AWCC specifically asks this Court to order Mr Raney to turn over records and sign releases pertaining to his final years of employment and discharge from Harris, and any other employer.

FINANCIAL RECORDS & RELEASES

Since 1989 Mr Raney has been visibly unemployed, yet somehow able to engage in a full time, multi-faceted program of harassing doctors, staff, patients, and reproductive health care facilities. Someone, somehow paid for the "Spy House" across from AWCC which is Raney's day home and staging area for almost daily harassing activities. Some accessory and/or accomplice provides Raney with a great deal of cash to pay for his travels, phone bills, video tapes, cameras, and other electronic equipment.

Mr Raney declined to answer questions in this area. He actually declared that he got his money "from God." Yes, "from God." He admitted he did not declare this Heavenly compensation.

AWCC specifically asks this Court to order Raney to produce all of his financial and bank records, state, federal, interstate, and international, for the last five years, and releases therefore, as material to several issues in this case and beyond. Unlike AWCC Raney has an exposure for punitive damages. He must turn this over, as was the case with one of Raney's mentors who suffered an adverse $8.4 million verdict earlier this year. See Tompkins v Cyr, 995 F. Supp. 664 (N.D. Tex. 1998), for a very similar action against Raney mentor Flip Benham in Dallas.

PRIOR MENTAL HEALTH RECORDS & RELEASES

The mental health and state of Meredith Raney are relevant and material both to issues in this case, and the safety of individuals involved directly and indirectly with AWCC in the case. Raney roams around the AWCC vicinity perhaps 300 days in a year. At one time or another he has followed more than a dozen doctors, staff, owners, and patients. Mental health may also have bearing on level of intent, recklessness, negligence, and malice. These must be explored. That cannot be done without records and releases.

Specifically, AWCC asks this Court to order Raney to produce any and all medical and mental health records, including prescriptions and correspondence, accessible to him since the inception of his bi-polar manic depressive condition, or January 1989, which ever is sooner. Also, the order should include signing and execution of the enclosed "release."

NECESSARY MENTAL HEALTH EVALUATION

The mental health of Meredith Raney is a material issue in this case, as it has been in others. For example, the Seventh Circuit recently required a bizarre anti- abortion protestor to participate in a mental health program and take his medication. See United States v Wilson, 154 F.3d 658, 667 (7th Cir. 1998). A copy of that important opinion is attached hereto, for the convenience of this Court.

Taking medication and having objective outside mental health evaluation is important. The shouting and screaming at women by Mr Raney observed periodically by AWCC and shown in the video, Raney As Counselor, is informative that Mr Raney likes his manic episodes and is resistant to maintenance treatment. He claims to see a South Carolina physician biannually, but has not released any proof thereof, or reason for such an attenuated relationship, unless it is to protect his own privacy. The detailed telephone records of Raney show no calls at all to this doctor, who may have no notion of the havoc Meredith Raney has caused far away in Central Florida.

We know that Mr Raney is prescribed a very large dose of 1500 mg of Lithium daily. The PDR pages on Lithium are appended to this motion and memorandum. The PDR speaks for itself on the need for monitoring. See INDICATIONS and ADVERSE REACTIONS. In an unmonitored patient there are dangers of "grandiosity, elation, poor judgment, aggressiveness, and possibly hostility." {under INDICATIONS}. Reactions "generally occur more frequently and with greater severity at higher concentrations," and include "... restlessness, confusion, stupor ... hallucinations, poor memory, slowed intellectual functioning ... impotence/sexual dysfunction .... "{under ADVERSE REACTIONS}.

Such conditions and reactions are alarming to people who are under constant surveillance by this man and others like him. Knowledge can lead to greater safety and security. A more local academic mental health evaluation at an Orlando area university hospital should be ordered, with regular monitoring thereafter, as well as prior investigation of mental health history with releases.

This is a very serious security and remedial concern to AWCC. There is a substantial body of professional literature on Mr Raney's condition, and much of it is in the areas of criminology, stalking, FBI profiling, obsessive-compulsive disorder, and abnormal psychology. Highly relevant references include: THE PSYCHOLOGY OF STALKING: CLINICAL AND FORENSIC PERSPECTIVES { J. Reid Meloy ed. 1998} {Academic Press}; J. Douglas & M. Oishaker, MIND HUNTER: INSIDE THE FBI'S ELITE SERIAL CRIME UNIT {1995}{Scribner}.

DOCUMENTS PERTAINING TO ORIGINS OF THIS LAWSUIT

AWCC suggests that in 1997, before filling, Mr Raney broadly sought support and representation to briefing this case. He went to several fundamentalist legal groups and was repeatedly turned down because the case was frivolous on its facts and law. There are phone records, faxes, letters, and memos back and forth that Raney has declined to produce. Raney was even involved in other lawsuits which would have alerted a reasonable litigant to the insubstantial nature of his claims.

Elatedly, he exercised poor judgment, and went ahead anyhow. He has burdened this Court and AWCC immeasurably since filing October 1, 1997.

This evidence is relevant to Mr Raney's level of intent, and responsibility for the expenses and obligations incurred by AWCC as a consequence of Raney's activities. It is not privileged and can be first viewed and screened by the Court to delete protected matter, if there is any.

AWCC specifically asks this Court to order Raney to produce any and all documents, faxes, E mails, correspondence, to and/or from him, pertaining in any way to this lawsuit, during the pre-filing period, from January 1, 1997, to October 1, 1997, except for communications between him and Mr Sapp. AWCC further asks for a release allowing such materials to be obtained independently by AWCC from sources known to have been contacted by Mr Raney.

FINES & FEES FOR NONCOMPLIANCE

AWCC perceives this discovery process as not unlike seeking compliance from fundamentalists anywhere, be it Iraq, Iran, or Melbourne. (Doctors at AWCC certainly must hide like Salman Rushdie from fundamentalist condemnation, shooters, and bombers). Raney says he listens to and is guided by celestial voices, not the Federal Rules. At least there should be sanctions, fees, and fines for the anticipated noncompliance ahead.

AWCC suggests that the Court fine Mr Raney $1000 daily for each and every act or omission of substantial noncompliance, with full compliance being ordered delivered in hand to AWCC counsel on or before December 1, 1998.

AWCC further suggests that the Court require Mr Raney to pay AWCC counsel a very modest $500 daily for legal work inevitably to be necessitated by such noncompliance every day after December 1, 1998.

CONCLUSION

FOR THE REASONS SET OUT, THIS COURT SHOULD GRANT THE MOTION TO COMPEL IN FULL, AND REQUIRE COMPLETE COMPLIANCE ON OR BEFORE DECEMBER l, 1998.

RESPECTFULLY SUBMITTED:
Roy Lucas <signed>
DC # 153957
c/o PO Box 1433
Melbourne, FL 32902-1433

Susan A England
FL # 0186018
2805 Lakeview Drive
Fern Park, FL 32730
ATTORNEYS FOR AWCC ON THE MOTION.

CERTIFICATE OF SERVICE AND RULE 3.01 COMPLIANCE:

This Motion to Compel and Memorandum have been served by mail deposited by the undersigned the 20th day of November, 1998, sent to all opposing counsel, namely Christopher Sapp, PO Box 1012, Lehigh Acres, FL 33970, and Lawrence Sift, PO Box 149022, Coral Gables, FL 331149022. Counsel consulted by telephone with the offices of both opposing counsel and were unable to reach agreement with Mr Sapp.

BY: Roy Lucas <signed>

AWCC EXHIBITS TO MOTION TO COMPEL

DESCRIPTION OF EXHIBITS

PDR, Physician's Desk Reference, Lithium Carbonate, TAB NO. 1

Employment, Health, and Medical Records Releases for Meredith Raney, TAB NO. 2

Communications Records Releases for Raney, TAB NO. 3

Rental Car and Credit Card Records Releases for Raney, TAB NO. 4

Opinion, U.S. Court of Appeals, Seventh Circuit, United States v Wilson, 154 F.3d 658 (7th Cir. 1998) TAB NO. 5