legal matters Archives - Lousy Canuck https://the-orbit.net/lousycanuck/tag/legal-matters/ ... Because I don't watch enough hockey, drink enough beer, or eat enough bacon. Wed, 26 Mar 2014 04:17:23 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.6 114111316 Radford / Stollznow defamation case: What we know and what we can infer or extrapolate reasonably https://the-orbit.net/lousycanuck/2014/03/25/radford-stollznow-defamation-case-what-we-know-and-what-we-can-infer-or-extrapolate-reasonably/ https://the-orbit.net/lousycanuck/2014/03/25/radford-stollznow-defamation-case-what-we-know-and-what-we-can-infer-or-extrapolate-reasonably/#comments Wed, 26 Mar 2014 04:17:23 +0000 http://freethoughtblogs.com/lousycanuck/?p=13764 The post Radford / Stollznow defamation case: What we know and what we can infer or extrapolate reasonably appeared first on Lousy Canuck.

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I’ve noticed a trend in amongst the so-called “skeptics” who have, from the get-go, denied every single claim of harassment in the community. That trend is denialism masquerading as skepticism, and a willingness to lie about who said what, when. That’s why I’ve been fighting that trend by building timelines. Someone needs to document what was actually said, and what can be reasonably inferred from these events. It also helps to document the attacks launched by certain people against certain other people, because it helps define the tribal lines against which these denialists are aligning.

One of these big accusations of harassment has resurfaced in the past few weeks, with new movements occurring for the first time in months. As a refresher, here’s all the points from my sexual harassment accusations timeline.

I don’t claim to know for certain that these allegations are true, but I can certainly develop a narrative that, I think, accounts for all the actual points we apparently do know, as well as what we could reasonably extrapolate.

August 6th, 2013

Possibly emboldened by Ashley Paramore’s stand, Karen Stollznow comes forward with her own story of having been serially sexually harassed and assaulted over the course of several years. (DOWN)

Ian Murphy points the finger at Ben Radford as the serial harasser discussed in Karen Stollznow’s post, via Twitter.

PZ Myers updates a post linking to Stollznow’s blog several hours after Ian Murphy names Radford to verify that a number of others had named him as well in private emails.

August 7th, 2013

Carrie Poppy releases a series of email bombs about the Ben Radford case and describes the major events leading up to her leaving her job as Communications Director of JREF after being serially mistreated by DJ.

August 8th, 2013

10:35am Central: Matthew Baxter, Karen Stollznow’s husband, in a comment on Blake Smith’s Facebook page, corroborates Stollznow’s story. Speaking directly to Ben Radford, he says that Radford persistently continued to contact Stollznow after being asked for years to stop. Baxter says that he and Stollznow have copies of correspondence backing this up. He also says that when Stollznow cut off communication with Radford, Radford called her “disrespectful.”

August 12th, 2013

Joe Anderson corroborates Karen Stollznow’s story, stating that he was one of the folks deposed by CFI’s investigators about the behaviour he witnessed from Radford.

The original post by Karen Stollznow is taken down after Ron Lindsay sends a letter to Scientific American. Karen is told by SA staff that it was taken down due to legal threats, while Ron Lindsay claims to have only asked for corrections. The Google Cache version of the page now also 404s, but a copy still exists on Scrible.

Stephanie Zvan analyzes the differences and commonalities extensively between Ron Lindsay’s letter demanding corrections of SciAm, and Karen Stollznow’s original allegations. Most relevant is the fact that Lindsay concedes the harassment actually happened.

That catches us up to where we were when I stopped adding to that original timeline.

Then comes the new developments.

February 17th, 2014

Ben Radford files a defamation suit against Karen Stollznow in Sandoval County, New Mexico.

February 26th, 2014

Ben Radford writes a blog post for CFI about false claims of sexual harassment. This post was so terrible in its lack of skepticism and its fallacy soup and motivated reasoning that the next day…

February 27th, 2014

Ron Lindsay himself disavowed Radford’s “false accusations” analysis in a post of his own, scathingly titled “Evidence-Based Reasoning: Comments on a Blog Post”.

March 3rd, 2014

Ben Radford posts a scan of the first page of the complaint to his Facebook wall.

March 4th, 2014

Ophelia Benson points out the timing of the lawsuit and the false claims post, and suggests that Radford may be seriously hurting his standing within CFI by playing such games with their blog. At the very least, it’s highly doubtful any lawyers were involved in either the blog post or posting the complaint to his Facebook wall.

March 22nd, 2014

Ben Radford posts an image to his Facebook wall titled “Retraction / Statement”. He claims that it is a statement by Stollznow, and that she had agreed to it as part of their settlement.

Transcript by HJ Hornbeck:

In 2013 Karen Stollznow accused Benjamin Radford of stalking, sexual harassment, and both physical and sexual assault. She made these accusations in a complaint to Ben Radford’s employer (the Center for Inquiry), in a guest blog written for the Scientific American Mind website and to various individuals in private communications.

These accusations and complaints against Benjamin Radford were false and Karen Stollznow retracts them. Radford was disciplined by the Center for Inquiry on the basis of them. One of Stollznow’s minor complaints (that Radford briefly stood in front of her during an argument when she wanted to walk past him) was the result of miscommunication during their relationship, but the accusations of sexual harassment, stalking, sexual assault, unwanted emails and the like were and are categorically false.

These serious and polarizing false accusations created divisiveness within the skeptical community. Most of the outrage directed at Radford as a consequence of the false accusations came from people with no knowledge of Radford’s and Stollznow’s relationship, who uncritically repeated the false accusations.

Stollznow cannot fully undo the damage Radford’s career and reputation cause by her false accusations, but this retraction is a sincere effort to set the record straight. Karen Stollznow and Ben Radford ask that bloggers and others that have repeated these allegations against Radford please remove them from their sites and not repeat them. Any blogs or other published references to these false accusations only serve to perpetuate the harm to both parties.

This issue has unfortunately detracted from the success that both Benjamin Radford and Karen Stollznow have worked hard to achieve in skepticism and public science education. Both Ben and Karen wish to move on with their lives and careers and put this matter behind them and that their friends and colleagues also let the matter drop.

There is no signature or anything marking this in any way as being part of legal proceedings.

He accompanied this statement with the following note:

Last year Dr. Karen Stollznow, a sometime colleague and former lover, accused me of, among other things, stalking and sexual harassment. At the time and for many months afterward I was prohibited from publicly responding to her claims. My lack of a response was widely taken as a tacit admission of guilt, but I am innocent of these accusations.

Karen has now acknowledged that her accusations were false and she has retracted her claims. Most of the public venom over this issue has come from people with no knowledge of our situation or relationship, and who uncritically repeated rumors and half-truths. Ironically this demonstrates exactly the sort of rush to judgment and lack of critical thinking that both Karen and I have spent years fighting. I have no further comment and we ask that this matter be laid to rest. Thank you.

Many “skeptics”, believing this to be absolutely true, swarm to Radford’s Facebook post to express their support. Considering the only “statement” on the matter was an entirely unofficial image of a Word document written in third-person, with nothing to indicate it was remotely official, and with no corroboration from Stollznow, some of us who’ve been following this story have been understandably skeptical.

One of his supporters, Amy Stoker, says: “It’s signed by Karen and notarized. Ben was over at my house tonight. I’m sure Ben will address this in the morning or at some point. For tonight he wanted to focus on those family and friends that have been by his side.”

PZ Myers comments on his blog that Stollznow didn’t write the statement, that Ben Radford did, and that she did not sign but he posted anyway.

March 23rd, 2014

Karen Stollznow takes to Twitter, making the first public statement on the matter since the lawsuit was filed, though the tweet itself is incredibly vague. She says, “Some “skeptics” should be more skeptical…”

A number of Ben’s supporters demand that she confirm or deny that the retraction was agreed-to by her. Amongst Ben’s supporters, a new meme grows — that those of us who suspect this “retraction” was an attempt at public coercion in the case are like Birthers demanding Obama’s birth certificate; that we’re being “hyperskeptical”. (The word has special significance to this blog and this whole fight, incidentally. I created that meme to combat the pro-harassment skeptics in the harassment policies campaign two years ago.)

March 25th, 2014

Stollznow again takes to Twitter to say: “I didn’t write it, I never agreed to it, I never signed it, and I’m not the liar here.”

Matthew Baxter writes, “I wrote a joint statement, they morphed it into an apology, said that I worked on it with them, and claimed that @karenstollznow agreed.”

Radford is notified of Stollznow’s tweet, but evidently not Baxter’s, because he posts this image of personal correspondences between he and Baxter on his Facebook post, and says “Yep, I saw that. I’ll be addressing that shortly. It’s a strange comment given that her husband Baxter e-mailed me a few days ago telling me that she agreed to it and would be having it notarized today.”

Given everything that’s public, we can make some fairly well-evidenced assumptions in this case, without assuming anyone’s lying about anything. The narrative squares with both parties’ accounts, short of the specific points of contention, and takes into account the different mindsets between the two parties. The narrative runs in my estimation thusly:

Radford and Stollznow were once in a relationship, while also maintaining a professional relationship in relation to CFI. At some point, they broke up. Judging by Radford’s repeated use of the phrase “former lover”, Radford evidently assumed the role of jilted lover at this point, continuing his pursuit of her.

In September of 2012, Stollznow and Baxter married. Despite this, Radford continued pursuing Stollznow. I presume that the break-up between Stollznow and Radford preceded the nuptials because of Baxter’s statements on the matter, and Joe Anderson’s corroboration, though I could be wrong.

The harassment got so bad during 2013 that Stollznow went to CFI and, with respect to their zero-tolerance policy, submitted to investigators the contents of her email and other personal communications. Inferring from Ron Lindsay’s statement on the matter, the investigators appear to have suspended Radford as a result of the investigation, but that suspension coincided with some vacation time that Radford was taking. Whether the vacation was a post-hoc rationalization of his time-off or not is a matter not in evidence, unfortunately, but the suspension is questionable regardless.

Lindsay claims in his letter that punishment was NOT set up to coincide with vacation time, so if there WAS punishment (which Lindsay strongly implies there was!), then it’s likely that someone told Karen he had been on vacation instead. My going suspicion on this point is that Radford himself suggested to others that he’d been taking vacation, rather than having been suspended, to explain his absence and save face. Stollznow may have heard this and taken the story at face value, and assumed duplicity on CFI’s part, rather than Radford’s.

Stollznow was stonewalled by CFI about the results of that investigation because they couldn’t release it “to the public”. She continued to work with Radford in a professional capacity, to do with CFI and Monster Talk.

During the groundswell of anti-harassment sentiment in the skeptical community evidently fed up with the culture of protecting harassers and harassment in general (chronicled in the anti-harassment campaign post mentioned at the top of this one), Stollznow found the courage to talk about her experiences publicly in Scientific American. She did not name Radford. Others in the skeptical community named Radford on her behalf, though, since they had been variously deposed by CFI’s investigators or witnessed this untoward behaviour themselves.

CFI then demanded that SciAm publish corrections on the post for “inaccuracies”, for which SciAm simply pulled the post, though it appears the only points of contention were how CFI treated the investigation. It can be inferred from Lindsay’s post that the investigation did in fact happen, and that Radford had in fact been “punished”, to whatever degree the punishment might actually be called one.

Carrie Poppy had stated that Stollznow claimed to have been assaulted on three occasions at TAM by Radford. The nature of these assaults is not public knowledge, though DJ Grothe was evidently informed and declined to act on them.

Radford later filed the defamation suit. I can guess that they were going to settle, since I have heard it rumoured a number of places that Stollznow did not have the resources to fight it, and Stollznow has repeatedly expressed a desire that this not impact her career and has evidently worked with him professionally despite the nature of their personal “relationship”. Matthew Baxter drafted a joint statement that would have been filed with the settlement, which Radford then altered to become an “apology” (and ostensibly also a retraction).

Radford then jumped the gun and posted it, evidently with the belief that Stollznow would sign and notarize this version of the statement on March 25th. However, having posted it in advance on his Facebook page, with alterations that Baxter evidently did not agree to, Stollznow and Baxter look to be prepared to fight.

One might reasonably postulate that despite their financial straits and their desire to make it all go away, Radford’s premature victory lap which spun events beyond what Baxter or Stollznow had agreed to has resulted in them being catalyzed to fight. If this is the case, expect a legal defense fundraiser soon.

UPDATE, 11:53pm CST March 25th: Radford has removed the retraction post and all comments from his Facebook page. He has replaced it with this statement:

Clarification on the Stollznow Retraction

As many of you know, several weeks ago I filed a lawsuit against Karen Stollznow, who last year accused me of, among other things, stalking and sexual harassment. Over the past few weeks I have been in discussions with Karen via her husband Matthew Baxter, who contacted me to discuss a retraction. He and I worked together on a statement, which I posted to my Facebook page on Saturday. It has come to my attention that Karen has now stated that she never agreed to the statement I posted. This surprised me and is a grave concern to me, and I want to clarify the situation.

I did not fabricate the retraction out of thin air; it was the result of a collaboration between myself, Matthew Baxter, and my lawyer. To begin with, I have not spoken with Karen personally in well over a year. Instead I have been dealing with her husband Baxter, who has acted as a mediator. The retraction statement I posted on Saturday evening March 22 was the same retraction statement that Baxter and I worked on for two weeks. Nothing had been changed. Furthermore the retraction that Karen now disavows is the same statement that Matthew Baxter told me only a few days ago that Karen agreed to and would sign (though she could not get it notarized, which is needed to make it official, until Tuesday March 25).

Not only that but the morning of Saturday March 22 I wrote to Baxter and told him that, based on the agreement he told me Karen had agreed to, I wanted to go ahead and make the statement public, as I had been waiting over a year for the retraction. He replied, “Well we won’t be able to get ours signed and notarized right away but you can do what you want to do with this if you feel confident that nothing will go wrong.” (See the attached screen shot of our e-mail exchange.) I responded to him that I understood, and that I was confident that nothing would go wrong as long as Karen had indeed agreed to the retraction. I told him that I planned to post it to Facebook that night. He never wrote back with any objections, and so I did.

Whether I jumped the gun or not is a legitimate question, and one I accept responsibility for. I probably should have waited until I had the signed and notarized statement in hand. But I saw no reason to wait to make it public, since I’d been told clearly several times that Karen had agreed to it. When I posted the retraction, I did so in the sincere belief that Karen Stollznow had agreed to it, and knowing that her husband Baxter had given his approval. I did not intend to deceive or mislead anyone, and I would never have posted the agreement if I had known she did not agree to it.

Now that I have a clear, formal acknowledgement from Karen that she has in fact disavowed the agreement that Baxter and I spent two weeks working on and that I was told several times she agreed to, I have deleted it. I’ll have no further comment on this matter, as anything I say will only further complicate matters for all of us. I look forward to this matter being resolved through the courts.

This does not square with Baxter’s indication that the statement had been morphed into an apology without Stollznow’s or Baxter’s knowledge. One or the other is mistaken (or lying to save face).

UPDATE 2: The screenshot of Baxter’s email exchange appears to have been taken on March 23rd due to the “1 day ago” fuzzy datestamp that Gmail uses. This could be anywhere up to ~1 day 12 hrs after the email. It seems odd that the email exchange would be screenshotted in advance, except if he was passing it around to others before posting it to Facebook.

UPDATE 3 – March 27th, 11:27am CST: Karen Stollznow has created an IndieGogo project for her legal defense. It is set for $30,000, and it expires in 15 days.

By 12:43pm CST, it is at $9,506 USD with 133 backers.

Text of the defense fund plea:

My name is Karen Stollznow. I am an author and researcher with a PhD in Linguistics. In recent months, I wrote an article for a Scientific American Mind blog in which I spoke out about sexual harassment I’d endured from a male colleague for several years. I did this to highlight the wide problem of sexual harassment in the workplace for women, including those in scientific and academic fields. Many people who read the article immediately identified my harasser by name, and spoke publicly about my situation on their own blogs and other social media. They knew who my harasser was because he had recently been disciplined by his employer for his behavior.

As a result, my harasser filed a defamation suit against me, trying to bully me into silence. Although he’s spent thousands of dollars on a lawyer to clear his name, he knew that I could not afford the same. In my attempts to settle out of court he has tried to bully me into signing a retraction, which claimed that I had lied about the whole ordeal, including his ongoing harassment of me, and assaults at one of our professional conferences. Although I didn’t sign the retraction, he posted the document on his very public Facebook page and announced victory over me. This also lead to false public edits being made to my Wikipedia page.

I never lied about the harassment I endured and I have evidence and witnesses to attest to my experiences. The only crime I have committed is not being rich enough to defend myself. If you believe in justice and in protecting victims who are bullied into silence, please dig deep and help support this legal fund. I must raise $30,000 in the next two weeks in order to find legal counsel to fight these allegations and clear my own name. If my harasser succeeds in bullying me into silence, it will only serve to embolden harassers, and teach victims that they should never speak up, lest it ruin their lives.

Any money raised through this campaign that is not spent on these legal expenses will be donated to Colorado’s Sexual Assault Victim Advocate Center.
Thank you for listening to my story, and please give as you can. To contact me about this fundraising campaign, email [email protected].

This indicates that the previous assumptions of a lack of funds and an effort to settle out of court to “make it all go away” were likely accurate. This paints Radford and/or his lawyers as aggressors — they wanted more than to just make it all go away, they wanted an admission that Stollznow lied about the whole thing. This was obviously a concession Stollznow was unwilling to make given her reaction to the “retraction” letter.

Whether or not the concession was agreed-upon by Baxter as her proxy is not in evidence, however. I urge skepticism on that point — the only part of that email thread that has been presented by Radford publicly does not show this fact, and it’s extremely important with regard to whether or not Radford or his lawyer tried to overreach. Baxter claims they had altered it beyond what he’d agreed to in his tweet on the matter on March 25th; Radford claims they hadn’t altered it in his “clarification” Facebook post.

As of 1:13pm CST, Stollznow’s legal defense fund is at $14,506 with 196 backers.

UPDATE 4:

I added the following in the above speculation timeline:

Lindsay claims in his letter that punishment was NOT set up to coincide with vacation time, so if there WAS punishment (which Lindsay strongly implies there was!), then it’s likely that someone told Karen he had been on vacation instead. My going suspicion on this point is that Radford himself suggested to others that he’d been taking vacation, rather than having been suspended, to explain his absence and save face. Stollznow may have heard this and taken the story at face value, and assumed duplicity on CFI’s part, rather than Radford’s.

In communications with Paul Fidalgo, I was asked to correct that point and the point of whether or not CFI asked SciAm to take Stollznow’s post down entirely. From Fidalgo, I have confirmed that the employee that Ron Lindsay was referring to in his post and letter to Scientific American was, indeed, suspended, and that the suspension was intentionally arranged so as to NOT coincide with any vacation time. He cannot refer to names in discussing this case, obviously, in this letter, but it was written explicitly with the intent of obtaining a correction of only the specific points brought up, not a takedown of the post or for any other implied or proffered reasons regarding sides-taking. I’d urge everyone reread Ron Lindsay’s post on this point. It fits quite well with my current line of speculation.

UPDATE 5:

At 5:19pm CST, just under 6 hrs after being posted, the IndieGogo was fully funded for $30,000. Stollznow will be fighting the case. This is likely not enough money to cover all legal costs, though. Defamation costs can get fairly steep. It is evident that, regardless of the outcome of this specific case, this community is extremely motivated to fight back against harassment. The alacrity with which these funds were collected reminds me of Anita Sarkeesian’s Kickstarter, which raised $120,000 mostly on the back of the harassment she was receiving — both before the Kickstarter, and the order of magnitude more she was getting afterward.

One point I will note is that at least two people decided to “satirize” this fight by donating to Stollznow under the names Sara Mayhew and Justin Vacula — two people who pride themselves on being against people who generally fight harassment. I know, it feels good to take a poke at someone who spends all day, every day trying to tear down everything you stand for. But if we are the good guys, we’ll not do things like that — especially since it invites further harassment of the person you’re trying to help with the donation. Take those pokes under your own name if you want, but don’t call down the winged monkeys on someone else’s behalf.

The defamation filing is apparently a matter of public record, and I’ll be trying to obtain a copy from the court as soon as possible. (Likely only this weekend, unless someone else has a copy.) I understand from people who’ve read it that it contains many terrible allegations against Stollznow. It’s possible much of it is bluster, but there’s often a kernel of truth behind every person’s experience of events, so I’d like to see what the allegations actually are and whether they’re supported by any evidence in the public record.

Additionally, Baxter evidently briefly posted a more complete copy of the email thread between him and Radford / Radford’s lawyer, but pulled it from his Facebook page recently. I don’t have a copy of that either, so I don’t know what it says, and if it provides any of the context missing from Radford’s questionable screenshot.

UPDATE 6:

On March 31st, Brian Thompson, former JREF Outreach Coordinator, posts this to his Facebook wall:

Let me explain why I’m supporting Karen Stollznow’s legal defense fund. Maybe some of my Facebook friends don’t know who she is or what this is all about. Karen is a linguist, writer, and investigator who looks into claims of the paranormal, the supernatural, and the outrageous with a skeptical eye. Skeptics like her do a lot of good for the world in ways large and small. They’re the ones fighting against the kind of scientific ignorance that keeps people from vaccinating their kids, for example. And if it weren’t for skeptical investigators, I might still be cowered in fear every night thinking aliens were going to abduct me or ghosts were going to throw things around my bedroom. Now I’m just cowered in fear thinking that I might never be on one of those interior design makeover shows. This is progress.

I believe so strongly in the good work these skeptics do that several years ago I started hanging out with them, working on activism projects with them, and drinking lots and lots of booze with them. I went to their conferences and meetings and pre-swingers’ parties, and for a couple of years I even worked in an official capacity with one of the world’s most well-known skeptical activism nonprofits, the James Randi Educational Foundation.

In that time I got to know a lot of great people. I’m not going to name them all, because I know I’ll leave out Christian Walters, and then our lovemaking will take a passive-aggressive turn. But a lot of people who share this common interest in making the world a better place through rationalism are kind, honest, funny, talented, and valuable friends. Then there are people like Christian who are maybe just two or three of those.

But I no longer identify with this community of benevolent know-it-alls, because not all of them are the best folks in the world. In fact, a good percentage of the top ten worst humans I’ve ever met are prominent members of the skeptics’ club. They’re dishonest, mean-spirited, narcissistic, misogynistic. Pick a personality flaw, and I can probably point you to someone who epitomizes it. And that person has probably had a speaking slot at a major skeptical conference.
I grew particularly disgusted with the boys’ club attitude I saw among skeptical leaders and luminaries. The kind of attitude that’s dismissive of women, sexually predatory, and downright gross. When I first started going to skeptical conferences as a fresh-faced know-it-all, I started hearing things about people I once admired. Then I started seeing things myself. Then I got a job with the JREF, and the pattern continued.

There’s a particular guy popular with the skeptical crowd who writes books, gives talks, and wears bicycle shorts. What’s not to love? Well, a female friend of mine told me she didn’t like it very much when he locked eyes with her from across a room and pointed to his dick. When I started working for the JREF, my boss described this same guy as an “old school misogynist”. Then a friend told me this same skeptical celebrity had groped another speaker at a conference. Grabbed her breast without invitation. Sexually assaulted her. Then my boss told me that not only did this assault happen, but that he witnessed it and intervened. The woman who was assaulted won’t name names for fear of being dragged through the mud. Another woman I know has told me that this same guy assaulted her. Others have confirmed her story to me. I believe her. But she’s remained anonymous for much the same reasons.

I’m tired of this. I’m tired of hearing about sexual predators like Mr. Bicycle Shorts, who has yet again been invited to speak at the JREF’s annual conference. I’m tired of hearing things like what I’ve heard from [redacted]. That my old boss grabbed his junk in a car and said he would be “presidentially displeased” if [redacted] didn’t give my old boss a kiss.

I’m tired of people like Richard Dawkins, whose lashing out at my friend Rebecca Watson for having the nerve to talk about what kind of male attention makes her uncomfortable has led to years of the most heinous abuse being flung at her and her colleagues. Heinous, woman-hating abuse from enthusiastic members of this broken little community of freethinkers.

Pardon my Yiddish, but oy, that shit’s fucked. And it’s also fucked that people are afraid to speak out about their stories for fear that it will become the focus of their careers or that their privacy will be destroyed or that they’ll be sued or that they’ll somehow damage organizations that do a lot of good work.
This makes me sick, and it makes me mad. So of course I’m going to help Karen speak up and fight back.
Here’s the situation in a nutshell: Karen used to work with another writer and investigator named Ben Radford at an organization called CFI. Karen says Radford continually harassed and abused her. She brought the situation to CFI, which found Radford guilty of some of Karen’s charges. Then they let him off with a slap on the wrist. Karen blogged about this. Radford sued her for defamation.

Based on the evidence I’ve seen, my own experience with Radford’s dishonest and creepy behavior, and the assurances from friends of mine who know more about this situation than I do, I’m willing to believe Karen. And more than that, I’m willing to put my money behind her efforts to fight back in court. Because she deserves the chance to make her case instead of having to fold under insurmountable financial pressure. Defending yourself in court isn’t cheap.
Also, I don’t like bullies or creeps. Especially the kinds of bullies and creeps who have been protected by their peers and allies in a community that places pseudo-celebrity and books about how lake monsters aren’t real above the well-being of women who are at least as vital to fighting the good fight. A fight, by the way, that’s about the righteousness of the truth.

So I’ve given to Karen’s fund. You can do the same here:

https://www.indiegogo.com/projects/give-a-voice-to-harassment-victims/x/6875853

The post gets shared a few times, then Thompson removed it from his wall — I’m not sure if under legal threat, or simply because he was distracting from the issue by implicating DJ Grothe and Michael Shermer (without naming either) in other misdeeds. (This means I have to update my other harassment timeline, I guess.)

I’m playing catch-up presently. Updates will continue momentarily.

UPDATE 7:

One of Radford’s friends, Angie Mattke, puts up a Rockethub legal fund to help defray his legal offense costs on March 23rd. It gets no publicity — nobody’s spreading it around. Tenured antifeminist troll and general attack dog Mykeru is working hard on getting Dean Esmay, of A Voice For Men, to “do something”.

On April 2, Ben Radford himself makes public a website full of document dumps, pictures, and scans of printouts, at benrlegal.info. This is, by my count, his fourth “final public statement” on the matter. I’m in the process of downloading everything here in case it goes away when a lawyer decides that was a bullshit move. But there’s a lot here, and it provides a lot of context to the fight.

Whois data on the server shows that the domain was registered on January 20th 2014, and updated March 22nd 2014. I presume the update was to point it to the GoDaddy servers where the domain is now also hosted as well as being registered. He registered the domain well in advance of any other telegraphs of legal action, and started hosting services the same day as making the “retraction” public. My guess is he was using the website as a negotiating bargaining chip to get them to settle, to sign the “retraction”, or else the “bomb” would be dropped and all his evidence would be made public.

One good thing came of this — he saved me the trouble of getting the filing from the courthouse directly. Assuming his PDF is identical to the filed copy, of course.

One of the specific claims on the filed complaint with the court (PDF) is that Stollznow edited emails that were used to prove that he had inappropriate contact with Stollznow over the period claimed in the original CFI investigation. This claim differs from the original claims in Stollznow’s narrative in two important ways. It means Radford knows which specific emails were claimed to prove that he was harassing Stollznow, which resulted in a two-week suspension without pay, and that he believes Stollznow definitely edited them, whereas Stollznow says that she gave the investigators full access to her emails and was not privy to any of the results whatsoever. Radford had access to the results of the investigation at least as far as which specific emails “proved” he was contacting her inappropriately. Stollznow claims to not have had any access to it whatsoever. So Radford claims to know exactly which emails were used to damn him, that Stollznow selected specifically for that purpose, and how they were forged, whereas Stollznow just claims to have given investigators access to her email and to have been locked out of the process from then on.

Something I’ve learned personally in digging on this topic is that sometime around 2012, CFI moved from another email provider to Google Apps. I am asking around presently to find out if this coincides with the time presented on those “edited” emails. It seems entirely plausible to me that this migration was not going to include a full port of emails, and that Stollznow instead forwarded everything in her old mail to her new mailbox over a period of several days. This would certainly have the appearance of being “poorly edited”, as the emails in the validation report that Radford paid for only validate that the timestamps in the specific emails in question actually showed the original dates of 2010.

It could further prove incompetence on the part of the hired investigators if they mistook these emails’ timestamps. Radford’s investigators claim that the timestamps in Google are proprietary — but mail itself is not proprietary, headers are not proprietary. The only part of the headers that Google has a say in are the SMTP IDs, which pretty obviously contain a datestamp that could have been edited too if someone was actually mucking about with email headers. An example from my own:

by mx.google.com with ESMTPS id q45si4540386yhb.95.2014.04.02.20.46.24

This contains the following: a unique identifier (q45…yhb.95), and a timestamp (2014.04.02.20.46.24). That’s April 2, 2014, 8:46.24 PM in its local time. (It was actually received at 10:46pm CST.)

If someone was actually mucking with email headers to get the timestamps to look different, they’d have to ignore this patently obvious timestamp. It’s possible that’s actually what happened — that Stollznow edited these emails and missed the ESMTP ID, or that she did a particularly clumsy job of collating some emails and claiming the year stamps were different than what they actually were. But it’s also possible that the rest of the headers were not actually edited, because these emails weren’t actually edited, but were rather forwarded from Stollznow to herself during the migration and the investigators mistook the year of the email migration for the actual year of the email.

Without seeing the results of CFI’s investigation, I can’t make any claim to know what exactly they considered damning evidence of Radford — all we have is a scan of a printout or photocopy of some emails that he claims came from the investigation. We don’t actually have real proof that it was specifically from the investigation, or that Stollznow had any hand in the investigation results being what they were — we do, on the other hand, have claims by Stollznow that she was locked out of the process early on and was stonewalled thereafter. It’s extremely possible that he did, in fact, get punished for specific incidents that didn’t happen. But, that doesn’t mean that harassment didn’t happen in toto, at least in Stollznow’s eyes — only that the investigators who punished him were wrong about something. Hopefully the entirety of the CFI investigation will be entered into evidence so we can determine what exactly they claimed to have used as proof that Radford did indeed deserve the two weeks suspension.

A lot of what’s on this site is irrelevant character assassination, in an attempt to prove that she’s jealous, vindictive, and a proven liar. This includes an apparently sealed police document involving a domestic dispute between Baxter and Stollznow, which he apparently obtained, including three pictures — two of which are mugshots of Stollznow. Baxter and everyone commenting publicly on this have claimed that this was entirely unrelated and brought up solely to prove she’s violent and jealous. I’m not sure how Radford obtained these sealed records. I’m also not sure how it proves that he didn’t harass her — only that she is jealous and has been violent in the past.

He also published an email he claims to be from Baxter confiding in him about he and Stollznow’s rocky relationship, though there’s little proof that this email actually happened — as with most of the “emails” he’s publishing, he’s actually using Gmail print function then saving as PDF. It’s well possible to edit these after the fact, so it’s not actually proving much about the emails without any headers or the likes — as he himself should know, considering the headers on emails are what ostensibly exonerates him from the harassment. But we can still assume the email is legit, and it only proves that Baxter and Stollznow’s relationship was rocky, and that Baxter thought Radford was a friend enough to confide in him at one time.

There’s additionally one very particularly sleazy thing on here — a selfie Radford took of him topless (at least) in bed, with an apparently also topless Stollznow. Radford is grinning widely while Stollznow is shielding her face from the camera with her hand — she evidently didn’t want her picture taken. I’m not sure what he intended to prove with this, but the EXIF data on the image he uploaded conveniently leaves out the timestamp. (It leaves in such details as exposure time, camera model, etc., but “date taken” is all zeros.) It proves that, at one time, they were in a sexual relationship — something nobody’s ever actually disputed. It kind of seems like the “you consented once” argument, which, if that’s the way he’s going, is really distasteful and frankly damning of his character.

Making that argument worse is the claim by Bob Blaskiewicz at Pharyngula that there are pictures of “enthusiastic consent” that the courts might see.

There is the fact that the documents that he was disciplined for (the emails) at CFI, and which have been the basis for endless numbers of attacks on him seem to be forged. Badly. That’s why the lawsuit is not just for defamation but for fraud. It is basically unthinkable how those copy and paste jobs she presented will stand up in court, honestly. The judge is going to want to see her email accounts like Ben presented his and compare. That’s what will determine this.

My understanding that photos of her enthusiastically consenting at a time she says they were not involved are not included on the website. I suspect they will be seen in court, however.

Emphasis mine.

It’s not actually clear that these images will prove anything, since the one posted on the website presently doesn’t actually show a timestamp (TRIGGER WARNING: this is Radford’s semi-nude selfie with probably-Stollznow!!) despite showing all sorts of other information. Exif data in the timestamp field exists on the three photos from the police report, so we can tell definitively that neither his server nor WordPress (his content platform on this server) is (even inadvertently) stripping timestamps.

Never mind that this is effectively a claim that Radford took pictures of himself and Stollznow while having sex, evidently with Stollznow being less than willing to participate in the photography, and that he’s now holding that over her to threaten to show it to the courts. And that he may have shown the sex pics to Blaskiewicz (no good skeptic would make a claim like this publicly without seeing the evidence, yeah?). Even without any other context around this, that’s incredibly fucked up and probably illegal, since I’m sure that among his evidence he doesn’t also have a modelling release form allowing him to show these pictures publicly.

This case is almost entirely going to be tried on the basis of whose character is more believable, though, and as a result of all of this well-poisoning irrelevant info, it may well be that Stollznow would lose even if the alleged harassment and assault actually happened. That doesn’t mean I think Stollznow is a saint, though. A lot of people are doing a lot of polarizing in this fight, but I don’t think it’s entirely cut-and-dry. It’s entirely possible that Stollznow is, in fact, vindictive and jealous and mercurial, and that Radford may even have the evidence of such. But remember that even proven liars should be taken seriously enough to have their claims investigated properly. Being vindictive and jealous doesn’t preclude you from having someone harass the hell out of you — including what seems a lot like “revenge porn” pics and threatening to release them to the world. That qualifies as harassment on its own, to me.

UPDATE 8 – July 19, 2014, 12:15pm CST:
Things have been mercifully quiet for a long time, with no further inadvisable document dumps or public statements being made by either side. Radford has been making numerous subtle and not-so-subtle changes to his Ben R Legal website, which HJ Hornbeck documented in the comments below, but nothing particularly bombshell-like has come of it in my estimation.

However, there is news today that Radford’s “legal info” site, where he maintained an archive of his own allegations against Stollznow and his “evidence” of lack of wrongdoing on his behalf, has been turned off, and unconfirmed rumors are that it had been due to a cease and desist letter (I’d previously worded this stronger than I have direct evidence for, so I’ve amended the record here). If the C&D also required deleting all archives, apparently web.archive.org is still up. It would fall on Radford to submit the purge request as the owner of the domain in question.

In slightly less portentious news, apparently slimepitter Brive1987’s own attempt at a timeline, at Weebly has also vanished. It’s NOT on web.archive.org. No big loss, honestly — he was as bit a player as I am in this. Possibly this is also the result of a C&D; or maybe the slimepitter’s “historian extraordinaire” is sad about the fact that no FtBer has yet retracted their statements on the Stollznow/Radford case after Radford presented what he claimed to be a retraction by Stollznow but turned out to be something else entirely.

UPDATE 9 – June 2, 2015
While my entire blog has been rather dormant, in at best low-power mode for the better part of a year, some movement has been seen in this case — evidently it got dropped for lack of jurisdiction, re-filed elsewhere, then settled. I am told that I have an absolute obligation to resurrect this post to tell everyone what a lying liar Stollznow is (by some bloggers who count themselves as “friendly” and/or think themselves skeptical), and they’re right that I have an obligation to resurrect this place to update everyone and include this new information, they’re wrong as to its import. Stollznow signing a retraction means she signed a retraction — it doesn’t actually speak to the truth or falsity of the original claim, which we will frankly never know.

The statement itself is strange, though, in a number of respects. It’s worth posting and parsing.

A5Mr7Tp

Joint Statement

In 2013 Karen Stollznow accused Benjamin Radford of stalking, sexual harassment, and both physical and sexual assault. She made these accusations in a complaint to Ben Radford’s employer (the Center for Inquiry), in a guest blog written for the Scientific American Mind website, and to various individuals in private communications.

Karen and Ben were in an intimate, personal relationship that ended with acrimony and misunderstandings. But it would be wrong for anyone to believe that Ben Radford stalked, sexually harassed, or physically or sexually assaulted Karen Stollznow.

The issue has done damage to both Karen and Ben and to their careers. Through mutual discussion, all issues between them have now been resolved. Both Ben and Karen wish to move on with their lives and put this matter behind them.

They ask that their friends and colleagues let the matter drop. They ask that bloggers and others who have repeated these allegations against Radford or Stollznow remove them from their sites and not repeat them. Any blogs or other published references to these accusations only serve to perpetuate the harm to both parties.

___
Karen Stollznow Benjamin Radford

Why would anyone use the construction of “it would be wrong for anyone to believe” rather than “he did not”?

Karen Stollznow was ready to settle last year-ish. Then that settlement statement was morphed into an apology without her consent, and Radford jumped the gun in posting it far and wide. She was ready to move on from the outset, and was only catalyzed to fight after feeling like she didn’t owe Radford any sort of apology.

This started with Radford misrepresenting a statement, and we are now expected to look at this statement as meaning “Karen lied, Ben is innocent, sexual harassment never happened and Karen is a lying liar, we must all recant on our beliefs that the skeptical community is problematic as all hell.” It does not, however, mean that.

This statement was clearly negotiated. I don’t know how much, but it must have been, for Karen to sign it (assuming that K___ is her signature, and B Ridlt is his… but I’m no hyperskeptic, let’s assume the signatures are legit and the kerning is correct please). It means that the joint statement was a term for their out of court settlement, and the exact wording was negotiated, and its signature was Radford’s price for making the whole thing go away, but that’s about all it means.

It is also odd in its timing, because it apparently came out on the exact same day that Karen was scheduled to have her labor induced and/or C-section done. It implies to me that she just wanted to get this over with so she could move on. And more power to her for that.

This does not, however, speak to the truth or falsity of the original claim, any more than if Simon Singh were forced to settle out of court on the libel case would it mean that homeopathy is suddenly validated by the courts.

We’re never going to know what actually happened here, but this entire timeline provides a pretty good, in my estimation, idea of what sort of person Radford has been with posting what amounts to revenge porn to prove they were in a relationship once (which was never in question). It may even provide a pretty good idea that Stollznow is mercurial and jealous, if there’s any truth to Radford’s “defense” (which likewise doesn’t speak to the truth or falsity of her claims). But it says absolutely nothing about the original claims, only that we’d be “wrong to believe” them. The IMPLICATION is that we’d be wrong to believe them because they aren’t true, but it’s never said here.

But the term “misunderstanding” in the context of a sexual relationship does not speak well to the nature of what was hashed out between them. I do hope that in the future Radford does not end up in any other such “misunderstandings” because they end up becoming giant legal time-and-moneysinks in even the best of scenarios.

The post Radford / Stollznow defamation case: What we know and what we can infer or extrapolate reasonably appeared first on Lousy Canuck.

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More foot-gunning in the Shermer debacle https://the-orbit.net/lousycanuck/2013/08/26/more-foot-gunning-in-the-shermer-debacle/ https://the-orbit.net/lousycanuck/2013/08/26/more-foot-gunning-in-the-shermer-debacle/#comments Tue, 27 Aug 2013 01:08:35 +0000 http://freethoughtblogs.com/lousycanuck/?p=13236 The post More foot-gunning in the Shermer debacle appeared first on Lousy Canuck.

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John Loftus, ex Freethought Blogger who left because not enough Christians were engaging with his posts so he could convert them, who subsequently founded and then left Skeptic Ink for the same reason, is now blogging at his original Blogspot blog about PZ Myers and Michael Shermer. (A hint, good sir — you may want to actually target your intended audience with your posts.) In his post, wherein the only possible reasons he proffers that PZ Myers might have published the rape allegation — made against Michael Shermer by an unnamed source whom he trusts — involve either naivety or malice, Loftus published the following addendum:

In a personal email to me Shermer categorically denies these accusations. If what he said about his accuser gets out, it will be apparent to most all reasonable people that PZ Myers published a bold-faced lie. He recklessly tried to destroy another person’s reputation without regard for fact-checking.


As Stephanie Zvan asked, what could Shermer have possibly said that would make it so that just by his mere refutation, his innocence would be so patently true that it would be like a lightning bolt revelation from on high, that the accuser would be so tarnished by only what he told you that she could not possibly be correct under any circumstances? But there’s another layer to this, beyond Stephanie’s justified anger at this patently immoral and empathy-free defense: Shermer’s lawyer could not possibly have vetted this statement. The reason for that is fairly obvious, but Ace of Sevens explains quite succinctly:

If I understand the legal situation here, Shermer may rattle a bit, but doesn’t want to name his accuser.

* The main thing he has going for him in a defamation suit against PZ is it’s hard for PZ to prove his story is true while protecting his source’s identity. Prove that someone really did tell PZ that Shermer raped her and the case won’t survive summary judgment. He could sue her instead, but she’s probably not famous and he’d have less to gain.
* To add to the above, Shermer seems to be admitting that he knows someone really did accuse him and PZ didn’t just make it up. That goes against the narrative in his cease-and-desist letters and that most of Shermer’s defenders are using. If he admits PZ was repeating an accusation that was was actually made and acted in good faith, his whole case falls apart without PZ naming anyone. I hope PZ’s lawyer is aware of this communication.
* If the accuser is identified, he loses the main thing holding her back from giving more details, which will probably only serve to make Shermer look worse. Right now, he can pass this off as a vague, anonymous accusation and he’s better off if it stays that way. Outing her would be a Pyrrhic victory at best.
* Plus he could get sued for defamation himself if he tries publicly humiliating her. He’s a public figure and she probably isn’t, so he’d be in more legal danger.
* My suspicion is that Shermer doesn’t know who the accuser is, but has a strong suspicion. This is an attempt to intimidate her by making her think that’s he’s identified her and keep her from coming forward with any more to avoid reprisal. His slimy insinuation that he could cause serious damage is correct, but it wouldn’t work out well for him either, so this is hopefully just a bluff.

Emphasis mine. And — SPOILERS for the end of my post — Shermer has apparently since walked back what he said to Loftus.

Bearing in mind that I am not a lawyer, by my understanding, this is the lynchpin of Shermer’s case: defamation generally requires the information provided be false. PZ Myers reported that someone he knows had accused Shermer of sexual assault. If Shermer does know of someone who has made such an accusation, then PZ Myers reported the truth. Does it matter whether or not the actual allegation is true at that point? From the legal case against PZ, I’m going to guess absolutely not. A case against the accuser might hinge on the truth of her claims of being assaulted, though. PZ avowed that he had no way of knowing whether or not the allegations were true, but he felt it absolutely morally imperative that because he trusted the victim, the information needed disseminating, in order to keep others from potentially being victimized — with the acknowledgement that he was doing so at personal cost.

In much the same way as we skeptics warn others of the potential harm of psychics, medical charlatans, and other con artists, even in absentia of these people being legally tried and convicted, we humans generally want to warn others of potential breaches of our trust. That is, after all, how reasonable people deal with credible allegations which are multiply corroborated by others, if they have a functioning sense of empathy and an ability to look at the statistics regarding false allegations for a particular crime and decide, on balance of probability and weight of the corroborated parts, the allegations have a chance of being be true.

I don’t think Shermer’s lawyers were particularly happy about this though, because Loftus later reports, in reply to someone asking directly if Shermer knew who his accuser was:

Initially he didn’t. Then he thought about it and thought he did. Now he tells me he doesn’t. Don’t make too much of this. He’s trying to guess, that’s all, just as anyone would.

Either Shermer does know who has accused him, or he’s decided that it might not be the person he originally tried to nut-and-slut to Loftus. If the former, PZ walks; if the latter, there’s an acknowledgement that more than one person has said the same thing about him. Are there any lawyers in the house who can confirm my suspicions here?

Regardless of whether I’m right or not, Shermer, some advice for what my advice is worth: stop talking. You are NOT helping your case. You might be inflaming your fanbase but you’re seriously undercutting your own credibility and possibly wrecking any case you have. Save it for the courtroom, for your own sake.

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