Thorpe v Moulton

Those involved in DC life have long known of Leroy Thorpe.  He served for nearly two decades as an Advisory Neighborhood Commissioner on ANC 2C, even when it extended to Logan Circle.  Some credit his crime patrol, COPE, with doing good, while others express skepticism.  There's a long history here and I'm not going to delve too far into the past.  Let's just say there have been complaints filed against police officers and neighborhood activists, a complaint against a successor ANC Commissioner, public officials called derogatory names and some astonishingly offensive statements.  There were also allegations of intimidation of witnesses and of misallocation of public resources.  Aside from Thorpe ultimately losing his long-held seat on the ANC, not much came of it all.

But on to today.

After leaving the ANC, Thorpe immediately became president of the East Central Civil Association, an organization that has represented Shaw residents for about fifty years.  Some feel that the organization is not open and welcoming to all residents and viewpoints.  Indeed, some residents have been literally barred from the meetings and escorted out by police.

In response, a group of residents started a separate neighborhood organization, the Convention Center Community Association, to provide another option to residents.  Martin Moultin was one of the founders of that organization and serves as its current president.

Moulton takes his responsibilities seriously.  He is often seen going door-to-door speaking with residents, publishes and distributes a newsletter and maintains a blog, organizes a full meeting agenda to discuss issues of vital importance to his community, plans neighborhood events, volunteers significant time at the local elementary school, and publicizes neighborhood businesses. 

Some may view Moulton's outreach and advocacy as a threat.

On September 30, Thorpe filed a complaint in the Superior Court of the District of Columbia seeking a Temporary Restraining Order (TRO) against Moulton.  In his handwritten complaint, Thorpe alleges harassment and that Moulton has been "stalking" him for four years. More specifically, Thorpe claims that:

• "He has e-mailed me at home ignoring my request for him to stop." 
• "He was barred from my civic [East Central Civic Association, ECCA) meeting via the DC Third District Police in 2008 for harassing me."
• "He has come to my home in 2009 leaving flyers."
• "He continues to come up to me at neighborhood public events in 2009 wanting to speak shake hands and take my picture without my consent -- while he laughs at me."

Thorpe requested that the court require Moulton to pay his $160 filing fee with interest and costs and that the court "grant me a stay away order regarding the defendant harassing me at my home and in the community. Also not to harass me on the internet."

And so began the latest abuse of the legal process.

Of course, entering a "stay away" order would have the targeted effect of placing Moulton at risk of arrest for contempt of court should he participate in a community meeting or event at which Thorpe is also present or even when he walks down the street.  (Moulton and Thorpe live a mere two blocks from each other).

Moulton hired a lawyer and filed an opposition.  On October 6, the court denied Thorpe's requested TRO.  Moulton filed a motion to dismiss the case.  Thorpe's opposition to the dismissal included several outrageous (and some strangely mundane) new allegations.  These include that Moulton:

• is "obsessed" with Thorpe, adding that "Plaintiff Thorpe is a heterosexual married man."
• is "mentally unstable and may cause harm to Plaintiff Thorpe, his wife, daughter, and mother."
• helped set up a defamatory website, http://www.leroythorpe.com/leroy.htmle.com, against him.
• e-mailed Thorpe asking for a turkey in 2007.
• "pulled up along side of plaintiff Thorpe on a bike smiling at plaintiff Thorpe and wanting to talk" in June 2009.
• approached Thorpe at a community picnic, greeted him, and extended his hand to him for a handshake to which Thorpe reacted by "cursing" Moulton.
• included Thorpe on an e-mail related to the Advisory Neighborhood Commission.
• approached Thorpe at a ribbon cutting ceremony (I believe this was for a new park at 6th and N) and extended his hand for a handshake to which Thorpe responded by telling him to stay away.
• continues to pass out fliers to Thorpe's home/block.

On November 16, the court issued an order denying Thorpe's request for a preliminary injunction, but it also refused to dismiss the case.  Instead, the court provided Thorpe with a "do over," allowing him to attempt to amend his complaint to state a claim by December 11.  A status conference is set for February 19, 2010.  Meanwhile, Moulton has incurred thousands in legal fees.

But it doesn't end there.  On October 19, Thorpe apparently noticed Moulton delivering fliers on his block (this is, in fact, noted in Thorpe's opposition to the motion to dismiss his complaint) and called 911.  According to Moulton, he specifically avoided Thorpe's house and delivered community newsletters to every other house on the block.  MPD reacted swiftly, sending two cars within moments of the call to tail Moulton, and, after watching him and briefly speaking with him, let him continue on.  According to a chronology of the call released by MPD, the complainant identified and described Moulton and invoked a "civil protection order."  Of course, that order didn't exist, as the court had very clearly denied the requested TRO on October 6.

Thorpe was arrested on November 20 and charged with filing a false police report.  As the Superior Court docket shows, he was assigned a court-appointed attorney and released on the condition that he "shall not assault, threaten, stalk, harass or physically abuse M. Moulton. Stay away at least 10ft from M. Moulton."

The irony.

A court date on the criminal matter is set for January 13, 2010.