From: BarbaraSchwarz@excite.com (Barbara Schwarz)
Subject: Re: A Little Warning to Barbara Schwarz
Date: 11 Jun 2003 08:32:31 -0700
ShyDavid@this-is-a-fake-address.org (ShyDavid (Gay Terrorist Psycho)) wrote in message news:<email@example.com>...
> On 10 Jun 2003 11:41:21 -0700, BarbaraSchwarz@excite.com (Barbara
> Schwarz) wrote:
> > ShyDavid@this-is-a-fake-address.org (ShyDavid (Gay Terrorist Psycho)) wrote in message news:<firstname.lastname@example.org>...
> >> Surely she would be happier at home in Germany with family and
> >> friends.
> > This here is really odd, because it is Rosemarie Bretschneider who
> > would love to see me getting married to a Scientology attacker and
> > extremist. That is what RB would work at, if I would be in Germany.
> > Nothing would make her, the convicted kidnapper and deprogrammer
> > happier. A guy as Dave Rice would be her dream of a son in law. I
> > remember when she invited such men in our home to hook up with me. It
> > was so awful.
> If you don't like men, why do you believe you married one?
> > Barbara Schwarz
I don't like men who don't know how to behave. I hate men without manners. Marty Rathbun (de Rothschild) knows to behave. I do not just like him, I love him.
I am not a little kid that you can stuff in a bag and carry to Germany. If I would be kidnapped there, I would just run again at the first possibility. My friends in Germany are only Scientologists, and you want me to be back with them suddenly? All non-Scientologists that I knew were contacted by RB and seemed to support her in her criminal actions to kidnap and deprogram me. That's not the kind of people I want to keep a friendship with. My siblings would not like you because you attacked me and insulted me. That leaves only RB, who would help you even to build bombs and guns. But don't try to contact her. She is a tattletail, whatever you write or tell her she tells me and I put it on the web.
As far as you are concerned, Dave Rice, I believe in meantime that you are only 99.9 % gay. The 0.01% of you has a heavy crush on me. That's why you want me to be back in Germany. You think that RB will succeed in deprogramming me that you can have a chance.
The crush will get better if you find another hobby than me. I told you and the others, I try to get out of the newsgroups alltogether. If I don't post anymore, you will hopefully forget me and get over me. In meantime, take lots of cold showers, and don't blow anything up, alright?
From: ptsc <email@example.com>
Subject: Re: "firstname.lastname@example.org" is Barbara Schwarz
Organization: Busts Your Rips!
Date: Sun, 15 Jun 2003 09:00:59 GMT
On 14 Jun 2003 20:32:12 -0500, Patrick Humphrey <email@example.com> wrote:
> Sooner or later, she'll manage to do something to attract the attention of the
> men in the white coats, and then maybe she'll get the help that she needs.
She may already have done so.
However, contrary to representations that Schwarz has never won a case before, this appeal appears to be a victory, reversing a previous decision unfavorable to Schwarz. And she appears to have been filing her legal actions from outside of a state mental institution, so whatever this is, it doesn't appear to have resulted in her institutionalization.
BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH
BARBARA SCHWARZ, Appellant, vs.
DEPARTMENT OF HUMAN SERVICES - DIVISION OF MENTAL HEALTH, Appellee.
DECISION AND ORDER Case No. 01-05
By this appeal, Barbara Schwarz seeks an order of the Committee requiring that the Division of Mental Health provide her with all records in its possession pertaining to her. Specifically, Ms. Schwarz requested: As described in my letters of March 9, 2001 and March 20, 2001 to Janina Chilton, the records by Ms. Chilton and also Valley Mental Health and Disability Law Center in D.C. and SLC and any other kind of records on me. Likewise, Ms. Schwarz' March 20, 2001 letter requests "any records that you have on me that were either generated by your [sic] or received by you." Finally, the March 9, 2001 letter requests "a copy of your correspondence, the letters, cards, e-mail, memoranda, notes, etc.
that you received and generated in regards of me."
The State Records Committee, having reviewed the materials submitted by the parties, and having heard oral argument and testimony of the parties on July 11, 2001, now issues the following Decision and Order.
STATEMENT OF REASONS FOR DECISION
1. The Government Records Access and Management Act ("GRAMA") specifies that "all records are public unless otherwise expressly provided by statute." Utah Code Ann. § 63-2-201(2).
2. GRAMA also provides that records that are private, controlled and protected records are not public. See Utah Code Ann. §§ 63-2-201(3).
3. Utah Code Ann. § 63-2-403(11)(b) allows the Committee to disclose private, protected or controlled records where the "public interest favoring access outweighs the interest favoring restriction of access" after "consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or nondisclosure . . . ." Id.; see also Utah Code Ann. § 63-2-202(9)(b).
4. The Division has classified the referrals it receives as private, controlled and protected and bases its denial on those classifications. Therefore, the threshold question before us is whether those classifications are proper.
5. The Division has in its possession a one-page e-mail message regarding Ms.
Schwarz. It has indicated under oath that no other records exist. The Division provided the e-mail message to Ms. Schwarz, redacting only the name of the author. The author's title, employer and phone number were not redacted. The Division denied access to remaining portion of the record pursuant to Utah Code Ann. §§ 63-2-302, -304(10) and -303 . It argued that the record was "protected as to the referrant and controlled as to the body of the e-mail." Furthermore, since the author of the e-mail requested that her identity not be disclosed, the Division argued that disclosure would constitute a clearly unwarranted invasion of the author's personal privacy.
6. Thus, the relevant inquiry is whether disclosing the name of the referring party would "jeopardize the life or safety of an individual," would constitute a "clearly unwarranted invasion of personal privacy" or would amount to "a violation of normal professional practice and medical ethics." After considering the evidence and argument of the parties, the Committee finds that the Division has properly classified the identity of a referring party as a private or controlled record.
7. The remaining issue before us is whether, after "consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or non-disclosure," the public interest favoring access outweighs the interest favoring restriction of access. See Utah Code Ann. § 63-2-403(11)(b) (Supp. 2000). Under the specific facts of this case, the Committee is persuaded that the public interest favoring access outweighs the interests favoring restriction of access. In reaching this decision, the Committee is mindful of the fact that the Division already disclosed the body of the e-mail and the title, employer and phone number of the author. Since GRAMA provides that all records are public unless otherwise expressly provided by statute, the Committee finds that Appellee is entitled to the remaining portion of the requested record. The public interest is served by allowing Ms. Schwarz to identify the person who has provided information about her to the government. For example, Ms. Schwarz may find it necessary to supplement or correct any information provided by this person to other government entities.
8. Counsel for the Division indicated it would provide an affidavit indicating it has provided Ms. Schwarz with all records in its possession concerning her.
This decision is based in part on that representation.
WHEREFORE, IT IS ORDERED THAT the appeal is granted and the decision of the Department of Human Services, Division of Mental Health is reversed. The Department shall prepare an affidavit indicating that the records provided to Ms. Schwarz constitute all records concerning her in its possession.
RIGHT TO APPEAL
Either party may appeal this Decision and Order to the district court. The petition for review must be filed no later than thirty (30) days after the date of this Order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. §§ 63-2-404. The court is required to make its decision de novo. In order to protect its rights on appeal, a party may wish to seek advice from an attorney.
Entered this 11th day of July, 2001.
BY THE STATE RECORDS COMMITTEE
Cherie Willis, Chairperson State Records Committee
As mentioned in this ruling, both sides could appeal. Apparently Schwarz appealed on grounds other than those which she on on before the Records Committee. Her appeal was dismissed as not timely. I don't know about the disposition of the rest of the case, but the timeliness issue seems to indicate that the case was still ongoing at the time.
IN THE UTAH COURT OF APPEALS
Department of Human Services, Division of Mental Health, Plaintiff and Appellee,
State Record Committee, Defendant.
Barbara Schwarz, Intervenor and Appellant.
MEMORANDUM DECISION (Not For Official Publication)
Case No. 20010942-CA
F I L E D February 7, 2002 2002 UT App 33 -----
Third District, Salt Lake Department The Honorable J. Dennis Frederick
Barbara Schwarz, Salt Lake City, Appellant Pro Se Mark L. Shurtleff and Joel A. Ferre, Salt Lake City, for Appellee -----
Before Judges Billings, Davis, and Thorne.
This case is before the court on Intervenor/Appellant, Barbara Schwarz's appeal of the district court's denial of her motion to be provided with filings and to dismiss. This court issued a sua sponte motion for summary disposition on the basis that this court lacks jurisdiction because Ms. Schwarz does not appeal from a final order. The Department of Human Resources, Division of Mental Health filed a motion for summary disposition on the basis that the order was not final and that the issues presented are so insubstantial as to not merit further consideration. See Utah R. App. P. 10. Both motions will be addressed in this decision.
Denial of a motion to dismiss is not a final appealable order. See In re adoption of Baby K., 967 P.2d 947, 950 (Utah Ct. App. 1998). A final order must dispose of all claims of all parties. See id. The only exceptions to the final judgment rule are (1) if an appeal is permitted under the circumstances by statute; (2) if the court grants interlocutory appeal under Rule 5 of the Utah Rules of Appellate Procedure; or (3) if the trial court certifies the order as final under Rule 54(b) of the Utah Rules of Civil Procedure. See Bradbury v.
Valencia, 2000 UT 50, ¶12, 5 P.3d 649. None of the exceptions apply in this case and the appeal is not taken from a final order. Therefore, this court must dismiss the appeal for lack of jurisdiction. See id. at ¶8.
Accordingly we dismiss the appeal. The dismissal is without prejudice to filing a timely appeal once a final order is entered. Because we do not have jurisdiction, we do not address the additional issues raised in Appellee's motion.
______________________________ Judith M. Billings, Associate Presiding Judge
______________________________ James Z. Davis, Judge
______________________________ William A. Thorne, Jr., Judge
I don't feel like subscribing to the Utah courts system, so I can't look up any more on this mess.
From: BarbaraSchwarz@excite.com (Barbara Schwarz)
Subject: Re: "firstname.lastname@example.org" is Barbara Schwarz
Date: 16 Jun 2003 08:28:08 -0700
ShyDavid@this-is-a-fake-address.org (ShyDavid (Gay Terrorist Psycho)) wrote in message news:<email@example.com>...
> The only time the account "firstname.lastname@example.org" has been used in
> Usenet, according to Google Groups, has been in the pretense of
> defending Barbara Schwarz (starting June 5 2003).
Igor (BobbySolbury) never posted that I'm beautiful. He only wrote that I am prettier than the Tribune mug shot. You should cite sources correctly and not make your own text out what others said. Do you think that everybody in the world just loves to hate and abuse me and there is no decent human being anymore in the world saying something fair about me? If I would be you I would not mess around with Igor, he might be more than you can handle.
I also never posted that I am "mistaken" about ear implants. I am convinced that you, the monster and terrorist in training, have them and are runned by a Nazi mindcontroller through them. Tell us, Dave Rice, what is the "sad" story behind that you don't post with your correct name Rice but with the made up name Shy? Your entire webpage is writted under a false name. What's that all about? But better don't tell me, I don't really want to know or hear from you.
You, Dave Shy, post like a punch drunk psychiatrist, agressive, confused, and dishonest (alleged but phoney sympathy). You post as if you would not listen to country but 24 hours full blast to heavy metal by being stung same time by thousands of killer bees. You are as weird as Dorian who sees OSA behind each poster.
A part of your mental illness is that you can't leave me alone, that you are a cyber stalker, something you share with some others which post here. Why did you not put DUI Barb Graham and the guns she carries in her boots in the headlines? Also remember, this is Alt.Religion.Scientology, not Alt.Barbara.Schwarz. Ease up on me and find another hobby. Post about Reba McEntire. (The heavy metal version.)
The articles come
> from the same building; the "email@example.com" personna claims
> Barbara Schwarz isn't crazy, claims she's beautiful, claims she
> "might" only be "mistaken" about the Nazi ear implants; and she
> accidently posted as her "firstname.lastname@example.org" personna under her
> original Barbara Schwarz account.
> Looking at Google Groups and you'll see: "email@example.com"
> exists only to say nice things about Barbara Schwarz, and to parrot
> some of the mental illness but with much milder terms (i.e., a.r.s.
> being "hateful" and its contributors "criminal").
> Seems to me the evidence is convincing.
> And very sad.
> Harmony has MINIONS?!
> - -
> It is a complement to be accused of reasoning.
From: BarbaraSchwarz@excite.com (Barbara Schwarz)
Subject: Re: I know Barbara Schwarz
Date: 16 Jun 2003 09:32:44 -0700
Tilman Hausherr <firstname.lastname@example.org> wrote in message news:<email@example.com>...
> On 13 Jun 2003 09:00:15 -0700, BarbaraSchwarz@excite.com (Barbara
> Schwarz) wrote in <firstname.lastname@example.org>:
> >Tilman Hausherr <email@example.com> wrote in message news:<firstname.lastname@example.org>...
> >> On 11 Jun 2003 12:15:02 -0700, email@example.com wrote in
> >> <firstname.lastname@example.org>:
> >> >Barbara Schwarz doesn't hurt a fly. She is peaceful, friendly and
> >> >doesn't suffer under her personality nor her mind, Mr. Gomez. She had
> >> >bad experiences with psychiatrists and you can't gag her with
> >> >treatments or drugs because you don't like her attitude.
> >> Barbara Schwarz does hurt people. It does hurt when she alleges that
> >> people have "ear implants" or are part of the "nazi secret service". And
> >> Barbara Schwarz has a long history of libelling people. In 1979, she
> >> claimed that Hans Löffelmann, a catholic cult watcher, had given
> >> information from a confidential conversation to journalists. Löffelmann
> >> sued and she didn't even attempt to defend herself, i.e. she accepted
> >> what he requested.
> >> http://www.ingo-heinemann.de/kritiker.htm
> >As far as Loeffelmann is concerned, that matter ended up in court. The
> >court told him he has no reason to be proud of himself, and after that
> >he eased a bit off and was not more that active to attack
> Not so. "Anerkenntnis" means that you accepted his request. Which was
> that you stop libelling him.
Those German Scientology attackers and persecutors are the most disgusting liars on the surface of this earth. Tillman Hausherr did not even know of Scientology 24 hours ago. He was not in the courtroom that day and neither was fanatical Scientology persecutor Ingo Heinemann. (Who is also an anti-semitist, who sabotaged that I could leave Germany for Israel. Read the series "Barbara Schwarz reveals shocking news" as posted earlier on in this newsgroup.) That case that Loeffelmann filed 24 years ago was not handled by me but an attorney.
I did not agree to his claims and I filed no "Anerkenntnis". This is made up. (When do you, Tilmann Hausherr and Heinemann finally confess that you were not present during that court hearing?)
I had not done anything wrong. I just said what RB told to me. He should have sued RB, and I still wonder why he didn't. In a U.S. court that case would have been dismissed, because my statement, that I was informed that he turned confidential material over to a reporter, was not done with malice. I also was not the source of that information. I told Loeffelmann who brought that up and oddly, he was not interested to go after the source. Germany, the government, the courts, the persecutors of Scientologists use anything they can to make the life of Scientologists to a living hell by accusing them wrongfully.
Haack, Heinemann, Loeffelmann, Hausherr and other extremists libelled and defamed L. Ron Hubbard, Scientology and Scientologists since decades. And here you have the German Nazi justice: they come away with their crimes.
RB was friends with catholic Loeffelmann, Heinemann, Haack, etc. in those years. She did not want to support me back then in a case against them, but she would today. She changed her attitude towards those men completely, and I have it black on white several times, that she calls them now criminals and also explained why and how they used her. If the Loeffelmann case would be rolled out again today, it would have a different outcome with RB testifying against those men. If the German hate campaigns against Scientology would have not poisoned RB, she would have spoken out against Loeffelmann as witness in that case 24 years ago. Moreover, Loeffelmann was working for the catholic church. They are such "ethical" people in that church, aren't they?
The perversions of the representatives of the catholic church are so disgusting, that repeating them makes the stomach turn.
Tilmann Hausherr is also lying that I did not win my cases in Germany.
I won all those which I fought myself. I did not win them because there is justice in Germany, but I won them after the judges didn't knew anymore how to bend the laws any further. Ingo Heinemann, the lunatic filed one frivolous and deliberately wrongful penal complaint after the other against me. He just made the charges up, as also Karbe did in his case against me. I got them all dismissed, because I had not done anything wrong, and those Nazis were lying.
The case that Klaus Karbe filed against me, supported by Heinemann, claimed that I would have tried to intimidate him not holding an international deprogramming event (which is anyway was a criminal event and against human rights). They used that case to kidnap me from Danmark, to threw me in jail, physically and emitionally abused me, tortured me and jailed me in an institution, the craziest place I ever saw in my life, to deprogram me for 8 months from Scientology. (Read my series: Barbara Schwarz reveals shocking news.)They also denied access to any attorney to me for many weeks and used that time to render one court order after the other against me, without giving me the chance to legally represented. They denied any contact to Scientologists for me for many weeks. (Did I mention that Germany is still Nazi Germany?)
Oddly enough, the German courts and psychiatrists did not hold Koos, a former Scientology infiltrator and man accused for having killed his child for very long. How come they set a dangerous and criminal man as Koos free, Tilmann, any explanation hereto?
While I was on staff in the Munich Guardian Office, some Scientologists went to the Bavarian State library and digged out the statements that the German government, psychiatrists, judges, etc.
made about the Jews and compared what the Scientology persecutors say about Scientologists today. The comparison was striking! The words were almost exactly the same. They just had exchanged the word "Jews"
with "Scientologists". The Munich GO published those statement in a blue booklet. I hope it is still around and will be re-published. It is really worth reading.
In sum, only Scientology attackers have rights in Germany.
Scientologists have zero. As a Scientologists in Germany you are not attacked of what you do, rather of what you are, which is a Scientologist, a member of a religion that esp. German psychiatrists see as a threat to their monopoly and control over people. As a Scientologist in Germany, you can't join a political party, you can't make an official career, your business is boycotted, you have troubles to rent halls to hold an event, you can't make advertisement, you don't get private jobs or housing, and they want to take your children away, and poison the non-Scientology members in the family to attack their religion.
While studying in a Scientology organization, dangerous objects fly through the windows, dangerous material is mailed through the mail, hate messages are sprayed on the walls of building of other houses (so that Scientologists can't remove them) and the owner is in on it not to remove the hate messages. And there is the very real danger of being kidnapped, deprogrammed and institutionalized because the Germans hate insanly this American religion. (And in my case it was not just a danger, it became real and not just once!) And sure there are the bomb threats. I remember many of those.
The guilty people here are the German government, the psychiatrists, the media, the Scientology persecutors as Heinemann, Loeffelmann, Hausherr, ect. They make everyone hysterical to hate Scientologists, as they made the Germans decades ago hysterical hating Jews. The Germans are inhumane and completely lawless. The majority of posters in this newsgroup certainly work secretly for them. The German secret services spy on private Scientologists, but they did not prevent terrorist Atta and his cell to plot and plan the September 11 terrorist attacks in Hamburg.
What a disgusting country. And you Tilmann Hausherr, leave me finally alone and get a life. Scientologists should organize an international campaign against company Siemens, which pays you to persecute Scientologists, right? How would you like that, Tilmann? They should tell all worldwide members not more to buy Siemens products. You could turn out as a real liability for your company at the end, Tillmann.