Threats from paper for printing the truth!
Open Letter to Lawyer!

Click to read threatening letter one from LNP
Click to read threatening letter two from LNP

George Werner
Lancaster Newspaper Lawyer

Dear George,

5thEstate.com turned 7 years old in February. A few days after we started publishing, I received an email from Chip Miller threatening legal actions because I QUOTED from a 1970 Intelligencer Journal! I told the then Vice-President of Marketing for Lancaster Newspapers (LNP) that my use was covered under the "Fair Use Doctrine" and pointed out that your newspapers was hypocritically violating copyright laws by using the OSCARS in their advertising. He never brought that up again.

Over the years, your reporters have consistently taken material off of this site. When 5thEstate.com recently printed the exclusive story on the Columbia Cop Computer, the Intell, instead of giving proper attribution as a publication, characterized me as a "friend"! Then to further rub salt on the wound, your reporter misspelled our publication incorrectly! (ironically, that reporter was Brett Lovelace!) When you misspell a web address - it's like not printing it at all! The Intell printed a correction after a legal threat from me.

Meanwhile, your reporters have made a point to ignore the many instances where I have advocated a "good government" position or the many articulate points made against your "Penn Square Partners'" (PSP) project on the square. This would be fine except that your newspapers have maliciously tried to malign me by printing stories that put me in the worst of light. For instances, The Sunday News recently had a story and entitled it, "Chasing their tails" or something like that. Instead of using a picture of me with a suit and tie - which they have - they printed a picture of me carrying a sign at a protest on a hot summer day. The story was on the "top of the fold" and rather than cover the very serious issue of the public authority blowing millions of dollars on unaccountable consultants, your paper printed a mocking story about the two websites that hold the PSP accountable! By printing uncomplimentary stories about me while ignoring the positive stories, your paper shows it's malicious intent!

Now you recently wrote me a two page letter demanding that I take down the story "Inside Lancaster Newspaper " or you will take legal action. Your client, Brett Lovelace told me that I should post this letter on my website so here it is. When I didn't respond to your letter, you threatened Justin Quinn with similar legal action. Why? The truth apparently hurts you and your clients very much.

The Pennsylvania Attorney General's Grand Jury report said the Intell 5 (your clients) committed felonies! Yet you write that 5thEstate.com, "Inaccurately accuses a reporter of criminal conduct". That statement is a completely and a total lie George! The Attorney General of Pennsylvania says they committed criminal conduct - are you going to sue them as well?!

Here is what Pennsylvania's Attorney General Tom Corbet says that the information obtained from the newspaper established, "...the direct illegal use of computers at Lancaster Newspapers by its reporters to access known restricted websites." "

George - your reporters broke the law!

Another thing you write which you absolutely know is a lie is this declaration, "Falsely state the information ...obtained by the Intelligencer Journal ...hampered ongoing investigations...". Do you really think that I am not going to call you out on this bold face LIE George? You of all people know that law enforcement was furious because of your client, Brett Lovelace printing the cause and manner of death of the Fry murder without regard to how it would hurt their investigation! Moreover, Chairman of the board Jack Buckwalter and CEO Chip Miller knew that Lovelace was accused of hurting law enforcement's efforts. You declare that the Attorney General did not make, "such and allegation." The truth, Corbet said this, "Publicizing confidential law enforcement information can compromise official investigations and jeopardize the safety of witnesses or citizens who file complaints, "!

As an officer of the court, you have a host of obligations - both ethical and legal that you must follow. Misrepresenting the facts is wrong but Barley Snyder and I have an amazing track record on these matters. Two of your clients have used the criminal court to harass and attempt to intimidate me by filing false charges in a 7 month period. Last summer, I warned your law firm that your clients had LIED to police about what happened and that failure to "un-do" those actions would result in a law suit. I later found out that Barley Snyder authorized the filing of the FALSE CHARGES against me! The Dauphin County District Attorney, upon examining the exculpatory evidence I provided, DROPPED the bogus charges in December!

When I spoke to you on the phone last week, I WARNED you that yet another Barley Snyder client LIED about me and that you better stop him and not help his lies any longer. You failed to heed that advice and instead of advising Mr. Lovelace that he should immediately retract his malicious lies against, YOU help him to further his lies in your recent 2nd letter to me! The hook into Barley Snyder is dug deeper because of your letter!

First off you accuse me of altering documents. This is another malicious, actionable lie on your part. As an officer of the court, you have a greater accountability to do the proper research before accusing an upstanding citizen such as myself of such a heinous charge. As I have examined the records as well as interviewed Mary Stehman, the chief clerk, I can assure you that your conclusions regarding Lovelace's voting record are wrong!

Let me explain by showing Lovelace's Lancaster voting record (Click here) as well as his wife's voting record (Click here). You will notice that Kristine voted in the general election only in 2000-2003 but voted in primary and general elections from 2004-2006. Please notice that Brett's record indicated that he voted in primary and general elections (in Lancaster) from 2004-2006. Why does Kristine's voting record have more elections on it (but not ALL) and Brett's does not? I am glad you asked!

In your letter you rightly point out that I, "... cut off the column entitled "Method," the column which indicates whether the individual actually voted." However, you wrongly concluded that "Clearly, Mr. Lovelace did not vote in Lancaster in November 2, 2004." Actually, the county's old computer data was migrated to Pennsylvania S.U.R.E system in 2005. The old system did NOT have "method" and the other columns and therefore there is NOTHING imported from the old system! It's a fact that I asked Mrs. Stehman exactly the question you raised and she confirmed that Lovelace had indeed voted in Lancaster in November 2, 2004.

And what is the point of this anyway George? Are you trying to argue that Brett voted in Maryland even though he lived in Pennsylvania? Are you denying that Lovelace registering to vote at the newspaper's office wasn't illegal? Seriously George, you client has broken various laws, the best thing you can do as his lawyer is shut up - not make lame attacks on impeccable documentation! Besides, as I said before, the hook is dug deeper into Barley Snyder. For the life of me George I can't figure out your strategy in writing these letters. According to official documents, your law firm has been involved in the filing of false charges against me TWO TIMES, I must conclude that you think your threats will intimidate me into not telling the truth. I have no malicious toward any reporter with Lancaster Newspapers and count many of them my friends. (Including two of the Intell 5) I demand that you apologize for your malicious accusation after you affirm my facts with Lancaster County Voter Registration Office.

And now I must address your most outrageous accusation regarding me breaking the law! Were the charges not so serious I would laugh at the silliness. The fact that you would commit this to writing after I gave you such a serious warning about false allegations makes me question your competency and shows your malicious and actionable intent with regard to the charges.

Like the fool that Lovelace apparently has turned out to be, he falsely accuses me of misrepresenting myself as an investigator with the Pennsylvania Attorney General's office. Considering that I gave my 5thEstate.com business card to Cecil County Maryland's voter registration office I hardly did any such thing. Voting records are PUBLIC records George. If you are telling me that you are the newspaper's lawyer and you don't know this fact, you are a fool as well. Why would I pretend to be an investigator to get records that anyone can get? Do you want proof of what I am saying? Look at the "log sheet" that Lovelace copied to show proof of this bogus allegation - It clearly has my name, publication and my "800" phone number! The only mention of the attorney general's office is my comments that Lovelace was being investigated by the AG's office. Again ironically, I read that in the February 5, 2007 Lancaster New Era! When asked about your client Lovelace being charged with perjury, Corbett answered, "We're still looking at that."!

I warned you that if your client lies on official documents, that he would lie to you and yet you send this attacking letter to me based on his lies?! You are so very wrong George.

Next you accuse me of breaking PA law because of 5thEstate.com showing the voting records that PROVE that Lovelace committed perjury and broke various election laws. Again George I have to ask - as the newspaper's attorney are you claiming that 5thEstate.com can't investigate and print that the uncharged felonious co-conspirator Lovelace is also breaking the law by voting twice and lying about where he lives? Are you this ignorant or are these simply more bogus threats? You can't possibly believe that it's against the law for 5thEstate.com to PROVE someone broke the law by using public documents!

Next, you threaten me over the Lovelace PR PHOTO. Publicity Release photos don't carry the copyright privileges and my use falls within the "fair use" doctrine of the copyright law. I give your client credit for the photo. AGAIN as lawyer you SHOULD know this fact! Just because your client finds it to be an unflattering story, your demand that I remove the PR photo that you give out - just shows that they this is one more silly threat. This photo shows further that I want Brett to look good! I have a number of terrible pictures that I could put up, but I think that Lovelace looks particularly handsome in LNP's photo! That's why I picked that one. (please notice that I treat Brett better than your paper treats me!)

The final issue is your silly paragraph about 5thEstate.com saying that Lovelace committed perjury. We didn't say he was charged or convicted of perjury - just that he committed it when he LIED about where he lived. Brett lied - that's what perjury means George! That's like someone that murders someone and is standing over the body with the bloody knife proclaiming they are not a murderer because they were not charged or convicted of murder!

I warned you that your client lied. Instead of heeding that warning you sent me a threatening letter based on those lies. After our phone conversation, you failed to acknowledge these lies and retract them. I am warning you once again to tell your client to stop the LIES about me. I am warning you and your law firm that they had better back away from the FALSE charges that Lovelace filed against me or you will be facing a defamation suit yourself.

Directly,

Ron Harper Jr.

Publisher and Editor, 5thEstate.com

PS. Instead of sending me bogus letters, do some research on "dragonetti actions"