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Laura Menard’s letter in your Oct. 18 edition about the small claims law suit against Lenora Moore contains allegations and insinuations, which require a response, tedious as the task may be. 

Menard:  

While it is “absolutely true” that defendant Moore is relying heavily on outside counsel “that is not the case for the plaintiffs.”  

The Facts:  

The 15 plaintiffs are relying heavily on Neighborhood Solutions, an organization specializing in bringing mass small claims law suits against property owners. According to an article in the February 2003 edition of the MacArthur Metro that organization has a staff attorney, Kathleen Aberegg. The head of Neighborhood Solutions, Grace Neufeld testified in court that she sought legal advice in drafting a demand letter on behalf of the plaintiffs. Their response to a motion to dismiss by Ms. Moore cited legal authority. They’re not wanting for legal assistance. 

Menard:  

“Moore has given responsibility of her defense to attorney Osha Neumann and paralegal Leo Stegman, both employed by East Bay Community Law Center and organizers of CopWatch.” 

The Facts: 

I have not been “given responsibility” for her defense. Parties can not be represented by a lawyer in small claims court actions. The law permits a lawyer “to provide advice to a party.” I have done that. I have also put considerable energy into trying to open up a dialogue with the plaintiffs about a real "neighborhood solution” to the problems of drug activity—so far with no success. Leo Stegman, who is not a lawyer, is assisting Ms. Moore as the law allows when the court determines that a party cannot properly present his or her claim or defense and needs assistance. Ms. Menard’s reference to CopWatch is, of course, gratuitous. I have assisted Copwatch and support their work, but am not an “organizer” for them. Incidentally my work on this case has nothing to do with the East Bay Community Law Center. I am not on the staff of that organization. I have a contract with them to work for a limited number of hours supervising legal clinics serving homeless and low income members of our community. 

Menard: 

“ . . .desperate to place responsibility anywhere but where it belongs, Neumann suggests it is the fault of the district attorney for not prosecuting enough. . .  

The Facts: 

Sometimes responsibility for neighborhood problems “belongs” in more than one place. Plaintiffs allege that Ms. Moore has permitted members of her family to sell drugs in her neighborhood. They complain that her children and grandchildren come back to the neighborhood even after they have been arrested and convicted. I wondered why the district attorney did not impose a stay away order from the neighborhood as a condition of probation or parole. I was told the district attorney thought the defendants lived with Ms. Moore and couldn’t be barred from their home. They don’t live with her. The district attorney was mistaken.  

Menard:  

Neumann “complains that the neighbors are negligent for not calling the police.”  

The Facts:  

Under pressure of the lawsuit Ms. Moore took out restraining orders against seven of her own children and grandchildren. The plaintiffs argued the restraining orders were ineffective because Ms. Moore was reluctant to enforce them. What the plaintiffs didn’t seem to know is that they don’t have to wait for Ms. Moore to call the police. They can do so themselves if they observe a violation of the orders. I let them know this was the case in a letter and mentioned it in court.  

Menard: 

Neumann “devised a new defense, suggesting elder abuse, without giving any evidence.”  

The Facts:  

The restraining orders obtained by Ms. Moore are authorized under an act specifically designed to prevent elder and dependent adult abuse. By issuing the restraining orders the court found that she was an elder who had suffered such abuse. That’s not something I invented. She can not control the behavior of her children even though she may lose her home because of their behavior There are many victims in this case. This law suit will do nothing to help any of them. 

Osha Neumann is an attorney, artist and activist.›