Herb Fellow
New Member
JUNEAU - The Juneau School District is going after money owed by the former student who filed the "Bong Hits 4 Jesus" case. Joseph Frederick's attorney says the district is harassing his client over the debt, which he estimates at about $5,000.
Douglas Mertz said the board's lawyer is trying to force Frederick to leave his job in China and return to Juneau next month to answer questions under oath about his finances.
"The only motive here is revenge, retaliation and harassment," said Mertz, who filed a motion Tuesday in federal court to prevent Frederick from being forced to appear in court in person.
Frederick was ordered to pay court fees of about $2,000 each for a U.S. Supreme Court case and the most recent U.S. District Court case he lost. With interest, the fees total about $5,000, Mertz said.
The board's lawyer, David Crosby, said he is not harassing Frederick but simply trying to get money owed to the School District. Until that money is paid, Crosby said, it is his client's legal right to know what Frederick's personal finances are.
Crosby said that he is flexible on whether Frederick needs to appear in person to testify but that the district must receive formal, written responses to Crosby's questions. Crosby has requested copies of pay stubs, tax returns and Frederick's Social Security number, among other items.
Crosby said the information he's received from Mertz and Frederick so far is incomplete and worthless. "(Mertz) wants special treatment for his client here," Crosby said. Andi Story, the School Board president, deferred all questions about the lawsuit to Crosby.
Frederick made headlines in 2002 when he unfurled a banner off school grounds reading "Bong Hits 4 Jesus" at a school-sponsored event. Deborah Morse, the principal of Juneau-Douglas High School at the time, seized the banner and suspended Frederick.
Frederick sued and the case eventually made it to the U.S. Supreme Court, which last year sided with Morse and the board. Frederick then sued in District Court to determine whether his actions were protected by the Alaska Constitution and whether his banner constituted a legitimate political or social protest.
That court also favored the board but Frederick is appealing the decision.
The School Board rejected a settlement offer from Frederick seeking $8,000 for himself and $20,000 for legal fees.
Mertz said lawyers typically wait until a case is settled before moving forward with financial requests.
Crosby said it was Frederick's decision to keep the fight going even though he lost before the Supreme Court and had his case deemed "moot" in District Court.
"If (Frederick) wants this thing to go away, it can go away," Crosby said.
Mertz said Frederick cannot pay for court costs and Crosby is trying to punish him for having the "effrontery" to take his case to the Supreme Court.
Frederick has sold the rights to his story to a movie studio. Mertz said his client did not receive a large amount.
"I'm sure that's all gone," Mertz said.
The attorney said the slow mail system between China and the United States has hampered Frederick's ability to send written answers regarding details of his finances. He offered to have his client testify by telephone but Crosby refused.
Frederick did send Crosby a written affidavit saying he lived in China, was an English teacher and made about $650 a month. He also said that he is unable to make payments on two credit cards and may "have to consider a personal bankruptcy" when he returns to the United States.
The affidavit was signed by Frederick and an official, whose name and title were written in Chinese. Crosby said the affidavit was vague and selective and did not answer the questions legally required of Frederick.
"He just doesn't want to respond to the questions," Crosby said.
Source: Anchorage Daily News
Copyright: 2008, The Associated Press
Contact: Associated Press
Website: adn.com | Top Stories : 'Bong Hits' school flap is reaching into China
Douglas Mertz said the board's lawyer is trying to force Frederick to leave his job in China and return to Juneau next month to answer questions under oath about his finances.
"The only motive here is revenge, retaliation and harassment," said Mertz, who filed a motion Tuesday in federal court to prevent Frederick from being forced to appear in court in person.
Frederick was ordered to pay court fees of about $2,000 each for a U.S. Supreme Court case and the most recent U.S. District Court case he lost. With interest, the fees total about $5,000, Mertz said.
The board's lawyer, David Crosby, said he is not harassing Frederick but simply trying to get money owed to the School District. Until that money is paid, Crosby said, it is his client's legal right to know what Frederick's personal finances are.
Crosby said that he is flexible on whether Frederick needs to appear in person to testify but that the district must receive formal, written responses to Crosby's questions. Crosby has requested copies of pay stubs, tax returns and Frederick's Social Security number, among other items.
Crosby said the information he's received from Mertz and Frederick so far is incomplete and worthless. "(Mertz) wants special treatment for his client here," Crosby said. Andi Story, the School Board president, deferred all questions about the lawsuit to Crosby.
Frederick made headlines in 2002 when he unfurled a banner off school grounds reading "Bong Hits 4 Jesus" at a school-sponsored event. Deborah Morse, the principal of Juneau-Douglas High School at the time, seized the banner and suspended Frederick.
Frederick sued and the case eventually made it to the U.S. Supreme Court, which last year sided with Morse and the board. Frederick then sued in District Court to determine whether his actions were protected by the Alaska Constitution and whether his banner constituted a legitimate political or social protest.
That court also favored the board but Frederick is appealing the decision.
The School Board rejected a settlement offer from Frederick seeking $8,000 for himself and $20,000 for legal fees.
Mertz said lawyers typically wait until a case is settled before moving forward with financial requests.
Crosby said it was Frederick's decision to keep the fight going even though he lost before the Supreme Court and had his case deemed "moot" in District Court.
"If (Frederick) wants this thing to go away, it can go away," Crosby said.
Mertz said Frederick cannot pay for court costs and Crosby is trying to punish him for having the "effrontery" to take his case to the Supreme Court.
Frederick has sold the rights to his story to a movie studio. Mertz said his client did not receive a large amount.
"I'm sure that's all gone," Mertz said.
The attorney said the slow mail system between China and the United States has hampered Frederick's ability to send written answers regarding details of his finances. He offered to have his client testify by telephone but Crosby refused.
Frederick did send Crosby a written affidavit saying he lived in China, was an English teacher and made about $650 a month. He also said that he is unable to make payments on two credit cards and may "have to consider a personal bankruptcy" when he returns to the United States.
The affidavit was signed by Frederick and an official, whose name and title were written in Chinese. Crosby said the affidavit was vague and selective and did not answer the questions legally required of Frederick.
"He just doesn't want to respond to the questions," Crosby said.
Source: Anchorage Daily News
Copyright: 2008, The Associated Press
Contact: Associated Press
Website: adn.com | Top Stories : 'Bong Hits' school flap is reaching into China
