New Texas Law – Tx HB 2268

In summer 2013, Governor Rick Perry signed into law0 Texas House Bill 2268

This has been hailed as a boon to consumer privacy, as it requires that law enforcement obtain a warrant if they are requesting, for example, a persons actual email content or IP address information.

More importantly for people like me, who have been the victim of cyberstalking, this law also gives companies like Twitter, Google / Gmail, AOL, etc, NO MORE THAN 15 DAYS TO COMPLY WITH THE WARRANT. If the magistrate signing the warrant chooses, he or she may pare down that time to three days if they feel the urgency is required. The law also requires that a warrant signed by any judge in the state of Texas be honored by any company that does business in the state of Texas. Proof of doing business in the state may consist of that little check box you click, swearing that you’ve read the Terms Of Service for the company. (I know you haven’t read any of them – just read one. Like Facebook’s. Scary stuff)

That’s pretty important, because Google and the others (I’m picking on them because they are the biggest thorn in my butt) have a tendency to claim that they only will honor warrants obtained in the same county as their base of operations. Fun game of hide and seek when a company’s HQ is in Denver and they are incorporated in Delaware – or outside the USA.

The caveat here is that the warrant must be “properly worded”. That might suck, depending on the literacy and competence level of your investigating agency.

I have heard, probably a dozen times, that we were waiting on _________ to comply with a warrant and it just takes time, gosh darn it.

Well, it takes 15 days now in Texas. Make sure that your own Keystone cops know the law, and know that YOU know the law.

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Curley Jury Trial Set for 6/2/14 or Maybe 6/9/14 – and Guess What Info An Indicted Stalker Can Subpoena?!

The summary page for both Dr Curley and Hank Lehmann at the Harris County District Clerk website show a change of date for the jury trials to 06/09/2014; the settings pages for both still show the previously posted 06/02/2014 trial … Continue reading

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Dr. Steven Curley & Hank Lehmann Pre-Trial Hearing Today

Both defendants are scheduled to begin their trial by jury next week, in separate cases.

It seems like it would be more difficult to reschedule if a jury has been selected and is standing by… I will update here as soon as I have more information.

The Natalie Wright, Steven Curley, Karen Beaty & Kanzius Timeline

curleybeaty2007I really wouldn’t have bothered to go through all of this trouble, except that the current Mrs. Curley piqued my interest by claiming as fact a few unsubstantiated dates and events. When I started casually searching, I found more than I expected and am working on compiling it all. This post will be a work in progress, as I don’t think I can finish it in one sitting, so please bear with me. I’m not sure yet if I will edit this post or add installments like a penny serial.

I have tried to document as many cases as possible of Eblaster specifically, and especially those occurring in Texas.  It has been frustrating for me to have a similar case pending against my ex husband, and not be able to find much follow up on what happened in these cases after the initial report made the news.  My interest in Steven Curley was simply that it was currently pending in Texas and involved Eblaster.  I have more posts on the Curley case – and more personal outrage – because it is going on right now, and the delays alarm me because I have this vision of my ex dragging it out even after indictment.  Do I know if Dr Curley is guilty?  I do not.  Do I believe that Dr Curley is guilty?  While I am not privy to evidence or court information, it is my personal belief that Dr. Curley probably did install, or cause to be installed, Spectorsoft Eblaster on a computer used by Karen Beaty, without her consent.  Based on my own experience with investigators and a District Attorney’s office, I find it hard to believe that the Harris County District Attorney would seek and obtain an indictment without an awful lot of really solid evidence – computer forensics, software purchase information, IP address mapping, access records from email accounts….  That Natalie claimed the police found nothing on Dr Curley or Hank Lehmann’s computers strikes me as less than the whole story – Dr Curley’s request to the court – that wasn’t until March 2014 (despite Natalie’s assertation that the defense has been trying to obtain the prosecutions evidence all along)  –  specifically requested copies of evidence that had been obtained through UT and MD Anderson.  I welcome any proof that can be offered to substantiate her claims.  My personal opinion is also that Dr Curley is taking advantage of his skill and reputation as the Man Who Might Cure Cancer, to draw attention away from the felony Illegal Intercept charges, and further believe that if convicted, he will argue that the greater good is served by him not being accountable for anything he may be convicted of.  A felony conviction would result in a minimum mandatory sentence, and mean that he could no longer hold a professional license.  If Dr Curley is innocent, I hope that he can prove it and hold the woman who accused him of a felony, criminally accountable.  As a side note, I find it odd that Hank Lehmann’s case records with the Harris County District Clerk (the supposed accomplice, and allegedly the man who actually installed the software) don’t reflect the same requests and information as Dr. Curley’s.  It seems that it is in both defendants best interests to present as being unified in their innocence.

I’m not quite sure yet where this is going; I get the feeling that the people of Erie, PA think that Dr Steven Curley has a lot more to answer for than installing a surveillance program on his second wife’s computer.  Search through the archived articles at GoErie.com and you’ll see what I mean.  If nothing else, their outrage at the Kanzius Foundation being funded by loving donations and then the fruits of the foundation’s labors being sold for lots and lots of money…well, they are asking for answers that I think are more than deserved.

As for my original intent, I got curious when Natalie Wright Curley showed an interest in posting her side of the story on my website.  I personally lean toward thinking that her statement that she “met and married” Dr Curley in 2012 seems a bit convenient in it’s time frame. I am not positive from her online divorce documents when her marriage to Joseph Wright was formally terminated, but in June 2012, the case shows orders being made. She worked for MD Anderson in at least two positions by 2012, both of which had to do with Intellectual Property. (I will provide links to substantiate that asap)

Natalie claimed that the Beaty/Curley marriage had ended because of an affair on the part of Karen Beaty.  She has not provided any information that shows that possibility; my guess is that the 3rd Ms. Curley is repeating what her husband told her. I have an ex husband, and am familiar with the spin they put on their previous marriages in order to gain sympathy and support.

Natalie states that Beaty stalled divorce proceedings to try to get “more money”, and attempted to obtain $1,000,000 from Steven Curley, in exchange for Karen not going to the police with the spyware allegations; she also claims that Ms. Beaty is still trying to get more money from Dr. Curley.  Karen A. Beaty seems, according to the information I can find online, to be a more than competent professional Physicians Assistant.  Ms. Beaty has co-authored published medical research papers, both with and without Dr. Curley.  She makes a rather respectable annual salary at MD Anderson, and has been praised in another WordPress blog as a wonderful PA by the wife of a cancer victim.  None of what I have found so far leads me to believe that Karen Beaty is a gold digger with a grudge.  My opinion at this time is that she was probably an active, vital part of Dr. Curley’s Kanzius related research, and felt that she was entitled to a portion of the potential financial gain that Dr Curley was likely to come into after he acquired the rights to the Kanzius intellectual property and patents.

 

 

 

*****This is easier to cut and paste, as the entry I am wanting to showcase is rather far down in the page. But you can certainly follow the link and scroll down to verify that I copied it unedited:

 

06/13/2013 Kanzius Research Blog:   I am not sure that everyone who has commented here understands that
“Kanzius Cancer Research Foundation” (KCRF) and “Therm Med LLC” (TM) are two separate business entities with entirely different roles and responsibilities.

KCRF is responsible for fund-raising for the research that “is currently” being researched at University of Texas – MD Anderson with studies led by Steven A. Curley. That’s all they can do based on their incorporation status.

John Kanzius incorporated
TM as a limited partnership which is the assignee of the two patents. See also wikipedia article on Therm Med for patent and business registration in the “References” section http://en.wikipedia.org/wiki/Therm_Med,_LLC and
http://www.thermmed.com for email to the corporation.

The shares of TM have been distributed to over 15 people — where Mary Ann Kanzius is both the General Manager and majority shareholder. Only TM can file the paperwork with the FDA. Also, remember, this invention was conceived at a kitchen table with pie pans and the partners at Therm Med are not experts in patents, licensing, or commercialization process. It takes a tremendous amount of money, time, energy to deal with all the legalese and the adversarial capitalistic environment of business.

I think we need to remember that John Kanzius invented this rf generator outside of an academic institution. The majority of inventions are created either at a university or an established corporation. The process for a researcher at MD Anderson would go to Office of Technology Commercialization and coordinate with them to get the patent issued and licensed. Inventing a patent in this environment is easier because you have experts to walk you through the process.
http://www.mdanderson.org/about-us/doing-business/partners-and-affiliates/technology-commercialization/our-staff/index.html (Note that staff includes Natalie Wright Curley is Steven Curley’s wife).

Because the patent is not held by the university, they are not responsible for filing any legal or business paperwork. Only TM can file with the FDA.

I imagine that both legal fees (patent filing, corporate registration, tax filing, and lawsuits) along with manufacturing fees for the many versions of the rf generator are piling up. (For legal representation see: http://calfee.com/attorney/todd-f-palmer/ and for manufacturing see: Industrial Sales and Manufacturing http://www.ismerie.com/)

I think many are quick to blame.
I agree chemotherapy was not part of John’s original vision. However, if the technology works, then there is an urgency to bring it to market to save lives. Who knows what John would have thought about adding a very small dosage of chemotherapy? He had over 30 treatments of chemo didn’t he?

It is reasonable to be angry with cancer, and the inability for corporations/doctors/hospitals to find the answer to this disease. Additionally, there is a lack of a streamlined government system to make jumping through the hoops easier for businesses to be developed and funded.

Remember, there is no way to see the whole picture and the only way to possibly try is by standing in their shoes.

I think I listed many of the key players, shareholders and some of the potential difficulties that exist.

Posted @ Sunday, June 16, 2013 4:01 PM by Glorybe

 

Comment from Natalie Wright Curley regarding the allegations against her husband, Dr Steven Curley

Mrs. Steven Curley

Mrs. Steven Curley

The original comment appears as a response to my recent “Gasp!…” post. I have copied and pasted it here because I want her opinion to be heard as well.

Dear Ms. Terry,
I am so sorry for the struggles you have with your ex husband. It sounds like a very difficult road. But, I truly feel that I must speak out against people that assume the criminal allegations against Steve Curley are true.

Has it occurred to you that our criminal “justice” system can be used as a weapon and that Dr. Curley may be the victim? Did you know that his marriage to Karen Beaty ended because Ms. Beaty had an affair with her physical therapist in 2009? Did you know that she stalled the divorce proceedings, in spite of her wrong doings to try and get more money from Dr. Curley? Did you know she tried to extract $1 million dollars in exchange for not making this allegation? Did you know that the police could find nothing on Dr. Curley or Mr. Lehman’s computers linking them to this crime? Did you know that even though their divorce has been final over three years, that she is still trying to extract money from him?

I met and married Steven Curley in 2012 and he is the kindest most loving man I have ever met. Not only is he a wonderful husband and father, he is an amazing cancer surgeon, not just because of his astute technical skill, but because he actually gives a damn about his patients.

The delays in this case have also been heartbreaking to us, as “someone” has anonymously been making complaints to the Texas Medical Board and insurance carriers trying to prevent Dr. Curley from practicing medicine and attempting to destroy his career that he has taken over 20 years to build. His patients are also the losers in this. It has taken months for our attorneys to obtain information from third parties to try and prove his innocence…which is exactly what the system is making us do.

So while I appreciate your concern in tracking similar cases and feeling like you are doing something in response to a very broken system, I implore you not to convict my husband in the public eye when you have no idea what the real facts are.

Most Sincerely,
Natalie Wright Curley

Dr Curley – His Attorney’s Reason For Delay

For some reason, only Erie, PA journalist Emily Matson and I seem to be at all concerned with this case dragging on. Thank you and applause to her for getting more information. The following is quoted directly from her 03/26/14 article. It can be seen in its natural setting here.

The top doctor at the John Kanzius Cancer Research Foundation will make his way into a Texas courtroom in April.

57-year old Dr. Steven Curley is charged with illegally spying on his ex-wife’s computer activities.
A hearing that was scheduled for Wednesday in Harris County, Texas is now set for April 15th.
His lawyers are trying to get their expert to take a forensic look at his ex-wife’s computer.
Curley is facing a felony charge for allegedly installing tracking software on his ex-wife’s computer, without her knowledge.
Curley is free on $10,000 bond.
He’s still working on the Kanzius project, at the Baylor College of Medicine.

Awesome. He’s free to move about the cabin. I wonder what kind of deal he would get if convicted…you know, with MD Anderson, Kanzius and Baylot pulling strings for him? Or are those strings keeping him out of court altogether?

Gasp! Dr Curley / Hank Lehmann Spyware Felony Case Delayed!!!

You are, I am certain, flabbergasted to discover the unexpected and startling news that the MD Anderson doctor and his alleged sidekick did not face the justice system today. Once again, both criminal cases have been reset; this time both … Continue reading

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Hidalgo Co. District Attorney Democratic Primary

Luckily, I don’t live in the Rio Grande Valley anymore…to my unending dismay, my legal battles seem to be firmly rooted in the quagmire that is South Texas.

I’m disappointed and completely stunned to see that Ricardo Rodriguez appears to have won the Democratic Primary for the Hidalgo County District Attorney’s position. Rodriguez’ platform touted “change”; I seem to recall a lot of voters, not too long ago, also voting for “change”…without seeming to care what changes were planned. I sincerely hope, for MY sake, that what’s behind Door Number 2 proves himself worthy of the voters trust.
RickyRod, once again, my safety, future, and family are in your hands. The idea absolutely terrifies me – I am intimately acquainted with your knowledge and interpretation of the law. I’ve been the victim of crime at the hands of my exhusband, and then further victimized in the hands of law enforcement and the courts. I cannot believe that I am once again going to be at the mercy of your whims. I deliberately and carefully kept all of the details of my exhusband’s extensive and incessant surveillance and stalking of myself, my friends and my family, as far from your realm at the 92nd District Court as humanly possible.

1 appeal, 13 rescheduled final divorce dates, 1 order outside your jurisdiction (bookended & enforced with writs and punishments that were dismissed by a DA in another county), 5 judges. A year long police investigation, involving at least 3 illegally used programs, a trail of surveillance equipment, a minimum of 4 rental cars for covert tailing, calls to FBI, the Texas OAG, Secret Service, three police departments, sheriff departments in 5 counties, two hired body guards, sweeps by 3 licensed Private Imvestigators…and me, literally never by myself in the past 2 years because of a very real concern that I have a possibility of being the involuntary half of a murder-suicide.

All of that effort to keep a nasty divorce and my exhusband’s crimes in two unrelated courtrooms… And at the end, a thread connecting them through an improbable sequence of events.

But from the flames rise a sparkling hope: that Rene Guerra might possibly consider representing me in the cleanup of that divorce in the 92nd district court, being my advocate during my criminal case against my exhusband, and a white knight in a civil case for damages arising from the crimes committed by my ex.

I ask that my portion of any civil judgement related to the spyware and stalking be divided between an organization that helps other victims of those crimes seek legal recourse, and to TOR and the EFF; for providing continued resources that enable anyone who so chooses, the knowledge and means to protect one’s rights and privacy from threats foreign or domestic.

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