episode 2 - one man`s fight against

Transcription

episode 2 - one man`s fight against
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ONE MAN’S FIGHT AGAINST
CORRUPTION IN LAS VEGAS, NEVADA.
The Series - Episode Two
CORRUPTION IN HOUSING
DISCRIMINATION
THE NEVADA DEPARTMENT OF BUSINESS AND
INDUSTRY – REAL ESTATE DIVISION.
US DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT – OFFICE OF FAIR HOUSING AND
EQUAL OPPORTUNITY
Contact Jim Aymann at onemansfight@cox.net
Leave your contact information.
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PLEASE NOTE THAT NONE OF THE STATEMENTS
MADE IN THESE ENTRIES ARE SPECIOUS AND THAT
THEY ARE SUPPORTABLE WITH DOCUMENTS AND
EXHIBITS.
James R Aymann (Jim) is a 68-year-old combat veteran of the
Vietnam War with a 70% service connected disability for posttraumatic
stress disorder due to intense and continuous exposure to combat
conditions in the Vietnam War.
This disorder is progressive and Jim has been diagnosed with
attention deficit disorder.
These disorders were diagnosed prior to any of the incidents
described in this statement.
Let us start at the beginning. In July 2005, Jim went to visit New
Zealand with his daughter with the possible prospect of relocating
there.
After the trip, a decision was made that Jim’s daughter would
move to New Zealand first and Jim would follow.
JIM AYMANN WITH HIS DAUGHTER LISA
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The economic boom that had continued for 16 years was
approaching an end with an unavoidable downturn in the local
economy.
Jim would turn 62 years of age in two years and would qualify for
a reverse mortgage.
This would have shielded Jim from the effects of any economic
downturn as far as real estate values were concerned.
Jim would live and work in Las Vegas for six months and then
visit his daughter in New Zealand for six months.
Jim started working as many hours as possible to increase his
savings.
Jim had Christmas dinner with Ray Sellers the owner of the
townhouse condominium that Jim had been leasing for eight years.
This dinner took place at the Boulder Station Casino in 2006.
Indications of the impending economic downturn were already obvious.
Jim actually advised his friend Ray Sellers to sell all his real estate
properties as soon as possible.
This was mere conversation at this point and no actual agreement
had been reached between Jim and Ray Sellers.
Six weeks later Jim went to the Broadacres Swap Meet in North
Las Vegas to replace some hand tools that were stolen at work.
While Jim was replacing these stolen tools, his pickup truck was
stolen in the parking lot.
Jim contacted the North Las Vegas Police Department.
Jim waited for several hours the police never responded.
Three weeks later Jim received a postcard from the North Las
Vegas Police Department indicating that his pickup truck had been
located and impounded at Quality Towing.
Jim’s pickup truck had been so severely stripped, that he walked
by it three times at the junkyard before he recognized it.
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The North Las Vegas Police Department indicated that no
investigation had been made because the auto theft was not involved in
a violent crime!
Please note the Greater Las Vegas area is and has been the worst
city in the United States for auto theft.
Jim also had to change his checking account number because the
stolen pickup truck had his checkbook in the glove compartment.
A few months later Quality Towing contacted Jim and informed
him that he owed them $1,800 for storage fees and they went through
the process of attempting to impair Jim’s excellent credit rating.
The effects of these incidents on Jim were devastating.
Jim’s job is both physical and dangerous.
Jim found it necessary to take an indefinite leave of absence from
his job.
Jim started experiencing severe anxiety attacks followed by long
bouts of depression.
Real estate values continued to drop.
Two months later Ray Sellers contacted Jim and indicated that
he was now interested in selling the townhouse condominium.
Jim explained that he was experiencing a mental breakdown and
that any negotiations involving the condominium would be
inappropriate at that time.
Please note, this condominium was 40+ years old with serious
problems including the roof, water damage from flash floods, plumbing
and electrical issues, air-conditioning issues etc.
This condominium was virtually unsellable.
Ray was aware that if he were to attempt to sell this condominium
he would be obligated to disclose these problems with any potential
buyer of this old condominium.
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In the meantime, Jim had been searching for a vehicle to replace
his stolen pickup truck.
On August 6, 2007, Jim flew to San Diego, California to purchase
a van that he had located on the Internet.
As Jim drove the vehicle back to Las Vegas, the odometer stopped
working.
When Jim arrived in Las Vegas, he commenced to investigate and
discovered that the vans odometer had in fact been broken for nine
years.
Jim contacted the seller to complain. The seller hung up the
phone.
Jim started pacing rapidly and experienced multiple anxiety
attacks.
Jim had not realized it yet, but he was suffering from
posttraumatic stress disorder from the effects of being a combat soldier
in Vietnam.
Jim’s primary care physician with the Veterans Administration
arranged for an emergency session with a mental health psychiatrist.
On August 10, 2007, Ray Sellers telephoned Jim and informed
him that the conditional lease had been prepared.
Jim was in the midst of preparing to take the seller of the van to
small claims court in San Diego California.
Jim was in an agitated state of mind and does not recall the details
of what transpired.
What Ray Sellers provided was an addendum to his will and not
a lease. It appeared in order and Jim signed the agreement.
10 days later, Jim had his first session with a VA psychiatrist 40
years to the day after Jim was promoted to Fire Team Leader in the
Vietnam War.
The psychiatrist prescribed medications for insomnia, anxiety,
depression, and headaches.
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The Psychiatrist also applied for a service-connected disability on
Jim’s behalf for PTSD.
Since Jim had the agreement with Ray Sellers, he started making
improvements and repairs to the condominium.
Jim’s plan was to buy the condominium for $100,000 in one year,
arrange for a reverse mortgage, and then visit his daughter for six
months in New Zealand.
In November, Jim won his case in small claims!
This was the perfect anecdote for the mental disorders that Jim
was experiencing.
Ray Sellers also started making the repairs and replacements to
the condominium that he had agreed to.
Jim was planning to return to work at the beginning of 2008.
Jim decided to go to California for two weeks during the holidays.
Jim’s best friend, who would normally housekeep the
condominium, was unavailable.
As a precaution, Jim sprinkled flour on the floors of the kitchen
and bathrooms.
When Jim returned he detected footprints in the kitchen and
bathrooms, there was no sign of a break-in; someone with a key entered
the condominium while Jim was gone.
Multiple items were missing from Jim’s office.
As planned, Jim returned to work a few days later.
On January 4, 2008, Jim received a form letter from Realtor
James Watt of Coldwell Banker indicating that Ray Sellers had died
two weeks earlier.
One week later Jim’s left foot was severely crushed at work.
The effects of this injury were devastating to Jim.
On March 3, 2008, Jim inadvertently wrote the rent check on the
closed account due to the change in checking accounts.
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Please note Jim had $2347 in his checking account when he wrote
this check for $850.
Four days later on March 7 Alana and Elaina Peterson arranged
for a drive by appraisal without Jim’s knowledge.
This appraisal was intentionally overpriced at $168,000.
It was not until four weeks later on March 31, 2008, that Elaina
Peterson contacted Jim to inform him that the rent check had been
returned.
This brings up an obvious question why did it take four weeks for
Elaina Peterson to contact Jim regarding the returned check.
All of Jim’s bills were paid electronically with the exception of the
rent and union dues.
In fact, Jim had also inadvertently written a check on the closed
account to the Teamsters union the day before.
This was all very confusing to Jim as he had more than enough
money to cover the rent check.
Jim located the canceled checkbook, and realized what had
happened.
Jim explained to Elaina Peterson in detail that he has ongoing
problems with confusion and apologized for any problems that he may
have caused.
Jim immediately wrote two rent checks and drove to the mail
distribution center to ensure that Elaina Peterson would receive the two
rent checks the following day.
Please note, both Elaina Peterson and her sister Alana Peterson
individually introduced themselves on two separate occasions as co
trustees of the Estate of Ray Sellers.
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Two weeks later Jim received two separate eviction notices for
nonpayment of rent in two separate envelopes from COLDWELL
BANKER PREMIER REALTY – 10120 South Eastern Ave. Suite 300,
Henderson, NV 89052.
The name Watt was written in ink next to the return address.
Ten days later Elaina Peterson contacted Jim by telephone.
The alleged purpose of this telephone call was to assure Jim that
he would not be evicted!
A friend who was visiting Jim overheard this entire telephone
conversation.
In this conversation, Jim indicated that he was in fact interested
in purchasing the condominium.
He also informed Elaina Peterson that her deceased uncle Ray
Sellers and Jim had an agreement for Jim to buy the condominium at a
discount.
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*These are direct quotes from Elaina Peterson in this conversation:
 “Well now you don’t have to worry about your living
situation.”
 “We’ll give you first option to buy, without a doubt. That
will be your rental agreement with a buy option or
whatever. So not to worry about anything!”
 “Absolutely! Since Raymond is deceased, we had a year to
liquidate. We had to start the process of giving people some
money. The beneficiaries you know.”
 “Yeah if you wanted to buy it we would work with you, but
we don’t need Jim (Watt) listing it. That was a big mistake
on my sister’s part and we know that now.”
 “Why does he have to be the exclusive listing agent? You
know it’s like he’s greedy you know.”
 “He is the listing agent on all our properties; he’s getting
more than our share. If everyone got 4% he’s making more
money than the entire estate.”
 “I don’t know how long this listing is, how long we’re bound
to this contract with Jim. My sister and I signed this listing
agreement.”
 “I think it’s only for six months or something you were
ray’s friend, why would we have to go through a realtor.
That’s what title companies are for. They sort out the
paperwork.”
 “We’re not pretty chiselers, were not going to gouge you.
We’ll work something out with you.”

“That’s the bottom line.”
 “We’re not going to inflate the value.”
 “Right now with the market as bad as it is they would love
to have a buyer, have somebody buy it. They’d jump on
that.”
*
Conversation with Elaina Peterson
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After this telephone conversation with Elaina Peterson, Jim was
jumping up and down with joy.
Once again, Jim’s friend John Williams overheard this entire
conversation.
What Jim did not know is that on this same day a one-day
summary eviction notice was being filed with the court.
Two days later Jim returned to work from the crushing injury to
his left foot.
Jim determined that he needed to return to work, if he was going
to approach his bank for a home loan.
Please note Jim was still in extreme pain from the crushing injury
to his left foot.
When Jim returned to his home from work the following day, a
ONE-DAY SUMMARY EVICTION NOTICE was taped to his front
door.
Jim immediately experienced the worst panic attack he has ever
experienced!
Several hours later, after Jim was able to calm down a little bit, he
retained a lawyer.
The following day Jim received a letter from Coldwell Banker
Premier Realty also with the name Watt printed in ink next to the
return address.
This letter was crafted by James Watt of Coldwell Banker and
can only be described as vicious.
Please note James Watt refers to himself in the third person in
this letter.
Please note, both Elaina Peterson and Alana Peterson signed this
letter.
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The following are excerpts from this letter:
 “At this point, we are not interested in leasing this property
other than as a month to month rental subject to certain
conditions. Our objective is to market and sell the unit so
that the proceeds can be distributed to the numerous
beneficiaries of the trust.
 “Leasing would only inhibit the sale and prevent needed
repairs. If rented on a month-to-month basis the tenant
would have to agree to allow the property to be shown.”
 “Whether you like or dislike our realtor, Jim Watt is
immaterial. Mr. Watt represented Ray on the purchase of
this unit and was his preferred realtor for many years. He
also has other units for sale for the trust and always acts in
our best interest.”
 “This issue is non-negotiable as the trust is under contract
to him to market and sell this unit. In the interest of all
parties we believe that it would be best if you would
voluntarily vacate the unit by the end of May.”
Once again, Elaina Peterson signed this letter including these
excerpts three days after she stated in the telephone call she made to
Jim that:
 “Yeah if you wanted to buy it we would work with you, but
we don’t need Jim (Watt) listing it. That was a big mistake
on my sister’s part and we know that now. Why does he
have to be the exclusive listing agent? You know it’s like
he’s greedy you know.”
 “We’ll give you first option to buy, without a doubt.
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 “That’ll be your rental agreement with an option or
whatever. So not to worry about anything!”
 “Well now you don’t have to worry about your living
situation.”
For Elaina Peterson to sign this letter three days after she made
her reassuring and committed statements to Jim can only be construed
as highly immoral.
This woman has no sense of accountability and her word
apparently means nothing.
Once again, his friend John Williams constituting a verbal
agreement witnessed the statements made to Jim in this phone
conversation.
Please note Elaina Peterson did not even have the decency to
contact Jim to inform him that she was backing out of her agreement
with him.
The following is an excerpt from a notarized statement made by
real estate agent Joe Banales:
 “My name is Joe Banales. I am a real estate agent in Las
Vegas, Nevada. At 6:00 PM on May 10, 2008 I ran off a
dozen listings in the Greenbriar Townhouse Estates.”
 “I did this to persuade Jim Aymann that the property at
729 Greenbrier Townhouse Way was way overpriced at
$155,000. I gave the listings to Jim the following morning at
work.”
 “Jim instructed me to contact Jim Watt, the owner’s agent,
that we would be making an offer. That evening I contacted
Jim Watt and told him that we would be making an offer.”
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On May 15, 2008, Jim received a letter from Bank of America
account executive Carmen Nelson. This is an excerpt from the letter:
“I am pleased to inform you that based on the verbal information
you provided, you have been prequalified for a home loan of $153,375
with a purchase price of $150,000. This loan prequalification is subject
to the terms and conditions below.”
Carmen Nelson recommended Patti Bishop a real estate agent.
That same day this agent faxed a first offer to real estate agent
James Watt.
The following day, Jim received a five-day unlawful detainer
notice; the source once again was from Coldwell Banker from James
Watt!
Once again, Joe Banales had previously contacted James Watt to
let him know that a bona fide offer from 10-year tenant Jim Aymann
was imminent!
Jim’s fourth offer was for $155,000 and including paying the
closing costs.
Alana and Elaina Peterson finally accepted this offer.
As expected, the appraisal came in lower at $140,000.
Jim’s agent advised him not to be present so that agent James
Watt would not be able to state that Jim influenced the appraiser.
Had Jim been present to inform the appraiser of the poor
condition of the condominium the appraisal would have been much
lower?
Alana and Elaina Peterson rejected the appraised value of
$140,000 in an attempt to force Jim to pay $15,000 over market value
plus $5000 closing costs in a declining market for a total of $20,000.
What happened to Elaina Peterson’s statement to Jim that,
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“We’re not petty chiselers, were now going to gouge you, we’ll
work something out with you. That’s the bottom line. We’re not going
to inflate the value?
Jim’s agent strongly advised him not to pay $20,000 over the
appraised value in a rapidly declining real estate market, but to start
looking for a much newer home elsewhere.
Under oath, Alana Peterson stated,
“From my memory the real estate deal fell through because Mr.
Aymann wanted us to pay the closing costs, but the amount was absurd.
It was like $15,000. It was really high, and I said why are we going to
pay this much? ”
Under oath, Alana Peterson submitted another statement,
“There must have been another counter offer after that. Verbally
I received a phone call, which I will testify to under oath that I did
receive a phone call. I would not make up the figure of $15,000.”
“I was told that we would have to pay, meaning the estate would
have to pay $15,000 in closing costs. At that point I said forget it we are
not going to pay that astronomical amount of $15,000 closing costs. That
is all I have to say.”
The sworn statements by Alana Peterson under oath are patently
false constituting perjury.
A fourth offer was submitted to Alana and Elaina Peterson in
writing indicating that Jim was offering $155,000 and the closing costs
in a severely diminishing market.
Alana Peterson’s claims that she verbally received a phone call
indicating that she would have to pay $15,000 in closing costs is a
fabrication and patently false.
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Jim with the assistance of his agent started looking at much newer
homes in the $250,000 price range mostly in Southern Highlands.
Jim submitted an offer on a bank foreclosure. The offer was
accepted.
Just prior to arranging for the appraisal, his agent informed Jim
that James Watt had informed her that Alana and Elaina Peterson had
decided to accept the appraised value of $140,000.
Patti recommended that Jim take it and consequently avoid
having to move.
Jim asked his agent to stall the appraisal on the foreclosure and
prepare the offer.
An offer was immediately submitted, Alana and Elaina Peterson
stalled for a week, and then they rejected what amounts to be their own
offer.
Jim’s agent described Alana and Elaina Peterson as psychotic.
She stated that in the 22 years she had been an agent, she had
never experienced anything like that.
Jim’s agent proceeded with the appraisal on the foreclosure.
Once again, the appraisal came in too low and the deal fell
through.
Jim was more motivated than ever to move as soon as possible,
but trying to buy a home in a rush is both imprudent and very stressful.
Jim found a marvelously large home in the Southern Highlands
for $250,000.
By the time, the offer was submitted it was gone. Jim was very
disappointed.
A neighbor informed Jim that a townhouse in the same building
was available.
Jim submitted an offer for $130,000 with the seller paying the
closing costs. The seller accepted the offer. The appraisal matched the
offer and the deal was closed in two months.
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Jim started to immediately move his prized possessions to his new
condominium.
The move was a massive undertaking that took three weeks.
It took an additional two months to prep the condominium and
properly place his possessions.
Also at his own expense, Jim was going to physical therapy for his
injured left foot three times a week for two months.
At the beginning of the year in 2009, Jim returned to work.
Shortly after, on February 8 2009, a Sunday, Robert Perry White,
at the behest of his sister Alana Peterson, attacked Jim while he was
retrieving his car in his driveway.
Jim sustained a severe blow to his head knocking him unconscious
and necessitating a trip to the hospital in an ambulance.
Jim had submitted a complaint for HOUSING
DISCRIMINATION against Alana and Elaina Peterson and their Real
Estate agent James Watt of COLDWELL BANKER to the U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Their response was,
“The above referenced housing discrimination inquiry was
received by the US DEPARTMENT OF HOUSING DEVELOPMENT
pursuant to federal housing Laws. This claim has been administratively
closed for lack of jurisdiction because FEDERAL FAIR HOUSING
LAWS do not cover the subject matter and/or basis of the alleged
discrimination.”
The last time Jim checked Las Vegas was still part of the United
States!
Jim considers this response as disgraceful and considers this
tantamount to corruption in government!
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Jim then submitted the complaint for housing discrimination with
supporting exhibits to the STATE OF NEVADA, DEPARTMENT OF
BUSINESS AND INDUSTRY - REAL ESTATE DIVISION.
A Bruce Alitt, Chief Investigator responded with,
“This is to acknowledge receipt of your statement of fact. After
carefully reviewing your complaint, the NEVADA REAL ESTATE
DIVISION does not have jurisdiction. Any verbal agreement between
you and the deceased owner is a civil matter. You may wish to seek legal
counsel.”
Jim also considers this response as disgraceful and evasive and
considers this tantamount to corruption in government.
This state official clearly evaded the fact that James Watt initiated
and prepared a 30-day notice to quit, five day notice to pay rent or in
the alternative to quit, an order for a one day summary eviction notice
and a five day unlawful detainer notice.
Once again this five day unlawful detainer notice was mailed to
Jim from the office of COLDWELL BANKER PREMIER REALTY
where James Watt was employed knowing full well that Jim would be
submitting a legitimate offer to purchase the property that he had been
living in for 10 years through his bank!
In a form titled “DUTIES OWED BY a NEVADA REAL
ESTATE LICENSEE” prepared by real estate agent James Watt of
Coldwell Banker Premier Realty and signed by his clients Alana and
Elaina Peterson states that:
“A Nevada Real Estate Licensee shall not deal with any party to a
real estate transaction in a manner which is deceitful, fraudulent, or
dishonest.”
By his own admission, James Watt is not a property manager!
Real estate agents do not involve themselves in the preparation
and issuance of any type of eviction notice or unlawful detainer notice.
Jim resubmitted his complaint to the STATE OF NEVADA,
DEPARTMENT OF BUSINESS AND INDUSTRY- REAL ESTATE
DIVISION.
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A Jan R. Holle, chief compliance/audit investigator responded
with,
“The Nevada Real Estate Division is in receipt of the additional
information you submitted in request for a second review of your
complaint submitted in 2009 I can understand your frustration with the
situation describing your complaint.”
“However, the information and evidence submitted does not
substantiate a violation of law by Mr. Watt that would fall under the
authority of the Division.”
“According to information provided to the Division the eviction
by the trust was related to the nonpayment of rent. Additionally, it does
not appear that the property in question was ever sold following the
submission of your offer.”
“According to public records, the property was conveyed from the
trust to Alana Peterson in September 2009. If you wish to further
pursue this matter you may want to consult with a legal professional
regarding your options to do so.”
Once again, Jim considers this response as disgraceful, evasive,
and tantamount to corruption by a government official.
Mr. Holle clearly ignored the exhibits provided to him and
submits as a statement of fact that,
“The eviction by the trust was related to THE NONPAYMENT
OF RENT.” Mr. Holle did not initiate an investigation but accepted
“nonpayment of rent”
Mr. Holle clearly evades the fact that James Watt of Coldwell
Banker premier Realty prepared and delivered a five-day unlawful
detainer notice for nonpayment of rent to Jim, after being fully
informed four days earlier, that Jim would be submitting a legitimate
offer through his bank on the listed property that he had been living in
for 10 years.
Alana and Elaina Peterson deposited the rent check for the month
of May.
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There was no premise or foundation for the issuance of this FIVEDAY UNLAWFUL DETAINER NOTICE FOR NONPAYMENT OF
RENT to Jim.
Jim is a 69-year-old combat veteran of the Vietnam War with a
70% service connected disability.
The bottom line is that Jim had been living in this townhouse
condominium for 10 years and paid over $107,000 in rent.
Jim had an arrangement with his long-term property owner and
friend Ray Sellers to purchase the property.
Unfortunately Ray Sellers died.
His two nieces Alana and Elaina Peterson proceeded to treat Jim
in a despicable manner.
They collectively refused to offer him a lease, FALSELY
ATTEMPTING TO EVICT HIM FOR NONPAYMENT OF RENT.
They attempted to block his legitimate offer to purchase the listed
property.
They attempted to force him to pay $15,000 over the appraised
value plus $5000 in closing costs in a SEVERELY DECLINING REAL
ESTATE MARKET!
At the behest of Alana Geneva Peterson was present, Jim
sustained a brutal attack by their brother Robert Perry White.
Jim is of Eurasian descent.
At what point is this State of Nevada willing to concede that Jim
has been a victim of housing discrimination?
A lawsuit has been filed against Alana and Elaina Peterson and
their brother Robert Perry White.
The causes of action in this lawsuit are abuse of process, abuse,
and exploitation of an older person, battery, assault, intentional
infliction of emotional distress, civil conspiracy, and discrimination in
housing.
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The trial had been set for January 21, 2014 in Department 31 of
the District Court in Clark County Nevada. Please note Las Vegas is in
Clark County.
On December 16, 2013, Jim filed an appeal with the Supreme
Court of Nevada, because of the ongoing and despicable actions of
Judge Joanna S Kishner culminating in a bizarre and unfounded ruling
granting Alana Geneva Peterson a partial ruling indicating that she was
not involved in the attack upon Jim!
The attack on Jim, initiated by Alana Geneva Peterson, has been
partially covered in episode one of this series.
Jim wants to be perfectly clear.
He considers the Courts in Clark County Nevada to be equally
corrupt and unreliable as far as dispensing justice is concerned!
Jim Aymann with Tracy – Before the horror began!
Contact Jim Aymann at onemansfight@cox.net
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