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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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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Hank Lehmann, alleged accomplice of Dr Steven Curley

 
Eblaster, Dr Steven Curley alleged accomplice
Eblaster, Dr Steven Curley alleged accomplice

Eblaster, Dr Steven Curley alleged accomplice

Somehow, I had neglected to add Hank Lehmann to the list of Eblaster enthusiasts. According to news reports, and the Harris County District Clerk’s website, Hank was Dr. Curley’s alleged computer expert, who installed the spyware on a computer belonging to Curley’s ex wife. Lehmann is also a former employee of the Texas cancer hospital, M D Anderson, in Houston.

Dr. Curley isn’t scheduled to appear in court until later this month (February 26, 2014), and is out on bail. Mr. Lehmann, it seems is going to trial on February 19, 2014.

I am interested to see how that plays out….

Counter Hacking

This post will be updated as I find more information to help the victims of cyber surveillance learn to protect themselves from future attacks, and help them defeat the existing surveillance.

There are assorted ways to detect and foil your would be private investigator. Simple spyware scans aren’t always effective against an intruder with above average computer skills or financial resources – but they are a good starting point. Run your Norton or McAfee, and then go to their website to see how to make sure that nothing has been intentionally excluded from detection on your website.

There are clever counter measures available from the same hackers that publish the exploits that enabled your sneak to access your data in the first place (gotta love the real hackers, the ones that do it for the love of true freedom if information – not the cyberpunks that only use their powers for evil).

This author, occupytheweb, posts on one of my favorite sites, WonderHowTo  some frightening and technically detailed instructions on how to spy on one’s computer.  I include his work here, with the intent of educating those who have been cyber stalked – and remind everyone that accessing a nonconsenting adult’s private, password protected accounts for any reason, is a Federal felony, and any of several second degree felony charges in Texas.  I don’t know the laws of other states offhand, but I don’t imagine that they are very different.

Forbes published an article on some of the more wicked commercially available apps for cell phone spying.

The Electronic Frontier Foundation has some excellent articles on keeping your digital world private, both computers and cell phones. (As well as the networks, wifi, etc)

Investigation vs Investigating

This has been a frustrating endeavor the entire way, but this week more so than usual.

The police department (McAllen, Texas) that is in charge of my case against my exhusband has moved far more slowly than I would like (of course!) but for the last three weeks I’ve been told that all they lack before they can, in good conscience, ask a judge to sign an arrest warrant, is one thing. That one thing is a court reporters transcript of my ex’s testimony in divorce court, where he confessed under oath, on the stand, to installing the software on my laptop. This confession happened on December 17, 2013, and I notified the investigator immediately. I have spoken to the court reporter, and he has told me that the transcript is ready and waiting for the police to pick it up. And has been for a week.

Geez. Investigation, by my definition, is an action. Something that someone is doing. It seems that the definition of investigation to the PD, however, is more of an object…a noun, not a verb.

In my pushing and prodding and questioning and efforts to kick this into high gear, I have been very, very thankful that I have not had to rely on the sleuthing skills of any agency. This has been spoon-fed to the police, with all of the evidence being provided by what I had believed to be America’s dumbest criminal… But since it’s been 8 months from the time the “investigation” was opened, with no arrest or consequences in sight, perhaps my ex isn’t as dumb as I thought.

I’m grateful for the support of my family (including my in-laws!) and a few very close friends. And I am horrified for any woman who is having to go through this without such a support system, and without the clear and verifiable evidence that my case has. If any single item of my proof that this crime occurred, was missing or questionable, it is painfully obvious that absolutely nothing would have even have pretended to be moving towards a legal and logical conclusion.

I feel like all I can do is escalate. Not back down or be quiet. But make sure that too many people know and are watching, to allow this stalking to go unpunished or this case to be swept under a rug.

Inaction, In Action

Creepy ex spouse? Check! Scads of neatly organized, legally obtained proof that aforementioned ex has outgrown their skeevy skivvies and is ready for a new monochrome orange wardrobe? Well let’s get a move on! You’ve got a lot of walls to beat your head against!

Two disclaimers: first, I live in Texas and while I’ve been on hold with some of the finest organizations anywhere, I can only tell you what ultimately got me results or…well, didn’t. Second, I am neither a lawyer or a cop, and your mileage may vary.

Ok…so you are pretty darn sure that your ex is pretending he’s the NSA and batman all rolled into one. Don’t try to undo anything – no removing the tracking device in your car, or spyware on your computer, or the nanny cam in your air vent. Locating the stuff is fine, but no touchy. You don’t want to smudge HIS prints, and broken bits of surveillance spy gear don’t prove much. Call the police if you’re in city limits, the sheriff if you live in the sticks like me. While you are waiting for an officer to arrive, get your id out, and neatly write out your full legal name, address, phone numbers; Add the names and DOB for anyone who lives with you. Also write down as much of the same info as you have for your ex. (I finally just typed all of that out and printed a stack to keep in The Binder. You may as well start one. You’re going to be collecting lots of paper.)

Remain calm, and when talking to the officer stick to the facts – not a good time to break out your elaborate theories – but stick to your metaphorical guns as well. Your main goal in this encounter is to file a report. Make sure you have a case, incident or report number before the officer leaves. It will usually be given to you written on a business card along with the officer’s badge number and name. (Go ahead and tape it to The Binder. Not kidding. ) In a few days you can get a copy of the official report – which you are also going to add to that 3 ring binder that will become your life. Ask how much a certified copy of the report is, and if you will need to bring exact change or a money order.

Getting this incident on the record is important. Making a report to the police SHOULD help with the ticking Statute Of Limitations clock. In some states, you only have 2 years from the time you became aware of the spyware, to do “something” about it.

This calm, reasonable interaction with the officer is also important because he can try to take this either of two routes: we prefer the I’m-going-to-investigate-this-as-a-potentially-serious-crime option. But what an awful lot of cops would really like to do is shake their had sadly and say “aw shucks! This sounds like A Civil Matter”. This is a much less stressful choice for them. Less paperwork. They probably won’t have to talk to you about this matter again.

Politely but firmly insist if necessary, on that report. In The Binder I also keep copies of the state and federal laws, to gently drive home the fact that this is criminal. Puh-leez. My ex and I haven’t been civil in years!

To be continued….(and I’ll get to work with posting an area here with some printable copies of the documents I’ve needed so far)