Update on Anti-Gun Sheriff Durante

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andy28277

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First, thanks for the emails to Sheriff Durante everyone. I just went to his office this morning to serve notice that I intend to depose the Lower Merion Police Chief by oral exam since Sheriff Durante will not tell me what the Lower Merion Police said to him about me after I have made numerous discovery requests. They were not pleased to see me - which I believe to be a good thing. My whole goal has been to hold Sheriff Durante accountable and to have him answer questions on why he denied me a CCW.

Now, when I get home there is a letter from the Sheriff's lawyer.

It is discovery interrogatories asking me questions. The Sheriff gets around to doing this 5 months after he declined me, 4 months into the lawsuit and 3.5 months after he has refused to answer my discovery numerous interrogagtories?

The interesting thing is the nature of the questions. Here they are verbatum:

1) Please list each and every address you have used in the last five years. 2) Please list each and every police contact you have had in the last 5 years. 3) Have you ever been subjuct to a complaint for domestic violence? 4)Have you pled guilty, been convicted or accepted into an alternative disposition program for any crime with the past 5 years? 5) Have you ever been adjudicated as an incompetent or been involuntarily committed to a mental institution for inpatient care and treatment.

Now, the really strange thing is that I answered most of these questions on my application in January - the one they tuned me down for February 12 for a permit. Suffice to say, my answer is no to all and I have nothing to hide.

Now, the statute says the Sheriff is to conduct an investigation not to exceed 45 days and deny or approve on that ivestigation. I applied January 31 and was denied February 12. The Sheriff exact reason for denial was that "after an investigation it was determined that my character and repuation was such that I am likely to act in a manner dangerous to public safety." As we know from case law and the statute, the Sheriff can only deny for this reason if members of my COMMUNTY say that I am a danger.

As we also know, my lawsuit is 4 months old and the Sheriff refuses to answer discovery, in violation of PA Rules of Civil Procedure, explaining why am a danger to the public. He has not indicated that he interviewed a single member of my community as the law would dictate for the reason he denied me. All I know is that he deneid me because of something my local PD said, but he won't say why. Remember that the Sheriff can NOT deny me because my local PD says something or even because he thinks I am a danger. He can ONLY deny me if I have been convicted of certain crimes, which I have not, or if my community indicates I am a danger.

So why the above discovery questions now? Didn't he conduct an investigation when he denied me in the first place - five months ago! Can't he find the answer to these questions himself? Isn't that what his investigation is supposed to be about?

Now, you have to take my word that none of the above questions by the Sheriff would be answered by me by indicating I have done any of what he has requested in his questions above. So why is is asking this?


This makes no sense - as does the Sheriff denying me and not explaining why after 5 months and numerous discovery requests in a lawsuit.

This makes no sense - as does this whole situation, which is why I think some people question it.
 
Hmm...:scrutiny:

Andy, the words that come to my mind when reading this and your previous posts are: "Paging Jim March" :D.

Assuming that he isn't up to his armpits in the latest CA legislative horse**** he'll probably be fascinated by your case.

Good luck with your reluctant sheriff. I'm correct in assuming that all requests for discovery and repeated requests are on file with the court?

Cheers,
ErikM :evil:
 
Generally, discovery requests/responses aren't filed with the court unless there is a motion to compel. PA law may be different, but I doubt it. Judges don't want to get involved unless there's a dispute.
 
So why the above discovery questions now? Didn't he conduct an investigation when he denied me in the first place - five months ago! Can't he find the answer to these questions himself? Isn't that what his investigation is supposed to be about?

1. I'd guess your sheriff is frantically trying to cover his back side.

2. I'm sure you need a new sheriff.
 
Buzz....

Buzz,

You are right, but this whole discovery issue will go before the judge as I have a hearing for a motion to compel discovery on Thursday, and the PA rules of civil procedure require that all discovery RESPONSES be verified and filed.

Thanks for the notes of support, guys. Also a thread on this same topic at Packing.org:

http://www.packing.org/talk/thread.jsp/12437/

If you have already not emailed Sheriff Durante, I hope you do.

Andrew Meyers
 
Thanks everybody!

Thanks for the support. I'm going to stop posting as I think the Sheriff has gotten the point in this round. No need to take an extreme measure too extremely! I will post down the road with lawsuit updates.
 
Andy, the discovery hearing should get you your answers.

From the gist of this post, and correct me if I'm wrong, you're appearing pro se, hence your questions here.

If you have a lawyer representing you, I really don't think he'd appreciate your discussing the lawsuit on a public gun board.

Please keep us updated, however. Don't forget to answer their discovery questions, which sound like typical lawyer make-work BS!!!! They already know the answers, and they know you know they know. Be sure to get the answers to the attorney prior to the hearing. Don't forget to have a copy of everything you sent and received from the other side at the hearing in case the judge asks for it.

:) Looking forward to your Thursday post.
 
I've been following this as best I can; been under a lot of pressure on AB1044. Expect an update on that this AM.

In this case in PA, he's mostly doing everything right. The only thing I can add is, do discovery on who ELSE has been denied over the past few years. You need to locate and communicate with other victims of this twit. It's quite possible others have been screwed and just didn't have the guts to complain.
 
It might help to see who has applied and got denied from the same Sheriff.

Situations like this, Don't squeeze the Charmin, sounds like he's trying hard to wipe clean what he didn't last time.
 
Note: when I said "he's mostly doing everything right", I meant ANDY, not this sheriff :).

In other words, I'm saying the same basic thing Twoblink is: find out who's been denied.

But Twoblink? What the heck does "Situations like this, Don't squeeze the Charmin, sounds like he's trying hard to wipe clean what he didn't last time" mean?

:confused:
 
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