Thursday, October 3, 2013

Attorney Gary Parker-Legal Malpractice Complaint

Expert Witness Report in support of a Bar complaint 

Janice Wells after being pepper sprayed

Case Description and Timeline: Janice Wells is a 59-year-old grandmother and elementary school teacher. On April 26, 2010, Ms. Wells called the Richland Georgia Police Department requesting assistance. According to police reports Ms. Wells reported a possible burglary at her home. Officer Tim Murphy of the Richland Police Department responded to the call. According to his report officer Murphy contacted Ms. Wells at her residence. Ms. wells was being assisted by a friend named John Robinson. when the officer arrived Ms. wells told Robinson he could go home. The officer states in his report that he is the one that ordered Robinson to leave. Janice Wells disputes this claim in the officers report. She stated that the officer was behaving irrationally and seemed fixated on the identity and personal information of her friend John Robinson.

After Robinson departed officer Murphy demanded that Wells explain her relationship to Robinson. Janice Wells declined to talk to the officer. Wells told the officer that her relationship was personal. She told the officer she no longer required his assistance and she began walking back towards her home. 

According to his police report officer Murphy attempted to place Wells under arrest for obstruction. Without provocation Officer Murphy pepper sprayed Janice Wells in the face. Wells states that she ran away after being pepper sprayed. Moments later, Murphy tackled Wells. Both fell to the ground. A second officer Ryan Smith arrived as back up. Moments later Smith tasered Janice Wells repeatedly though there is no evidence she was offering any significant resistance. It appeared she was being tasered to force her to get up or to allow them to move her into the police vehicle. Wells can be heard on tape moaning and screaming in pain.

Approximately 20 minutes after her arrest Sheriff Larry Jones ordered Wells released. All charges were dropped against Janice Wells. Sheriff Larry Jones fired Officer Timothy Murphy. Ms. Wells was severely injured and traumatized by the violent assault.

In 2010 Janice Wells was contacted by attorney Gary Parker. Parker agreed to take Ms. Well’s case after being paid a retainer. On April 26, 2010 attorney Gary Parker filed a federal civil rights lawsuit on behalf of Janice Wells against officers Ryan Smith and Timothy Murphy. Federal court records show that lawyers working in defense of officers Murphy and Smith filed for motions to dismiss on September 21, 2012. Attorney Parker did not file a response. On November 23, 2012 the defendant's motion to dismiss was granted. Attorney Parker did not appeal the ruling nor did he notify his client according to our investigation. On March 18, 2013 attorneys representing the officers filed a motion for summary judgment. Once again, Attorney Parker did not respond to the motion. 

In March, Attorney Parker requested more money from Ms. Wells. He told her he needed an additional $500 to keep the case going. Two weeks later, on April 2, 2013, Gary Parker wrote a letter to Janice Wells notifying her that he was withdrawing from the case due to medical reasons, stress and an inability to perform his duties as her attorney. Strangely the letter is not dated. We recovered the actual date from the timestamp from the post office. 

We believe that the letter was not dated deliberately. Attorney Parker was aware that when the letter was sent on April 2, a summary judgment had already been entered against Ms. Wells. 

In the April 2, 2013 letter Attorney Parker assured Ms. Wells that he had notified the court of his intention to withdraw as legal counsel in her case. He also stated in the same letter that he had asked for a 45 day stay of the case so that she could find new counsel. The court record shows that no such notifications were made by attorney Parker on behalf of Ms. Wells. There is no request for an extension nor is there a notification of the attorney’s decision to withdraw. Federal Judge Land dismissed the case on May 2, 2013 citing the plaintiff’s failure to respond to the defendant’s motions and rulings in the case. When attorney Parker told Ms. Wells that he had asked for an extension the case had already been decided by summary judgment. 

On May 5, 2013 in response to multiple telephone calls from Ms. Wells attorney Parker wrote a 2nd letter. In that letter Attorney Parker chastises Ms. Wells for continuing her case in the face of evidence that she is a fornicator and an adulterer. Attorney Parker advises Ms. Wells to abandon the case because "intelligent white jurors will not believe her." Attorney Parker advises Ms. Wells that God is punishing her for her sins and that she will not be rewarded for bringing a false case to the court. In a final bizarre admonishment attorney Parker advises Ms. Wells that white people are upset with the election of Pres. Obama. 

Attorney Gary Parker May 2. 2013 Letter:

Evidence reviewed 

40 Documents and PDF files
6 Videos
30 legal filings 
Interviews with witnesses included the plaintiff Janice wells, the arresting officer Ryan Smith, Sheriff Jones Attorney Gary Parker. We attempted to locate Timothy Murphy who now works for a furniture store in Albany Georgia without success. 

Opinions and Conclusions

It is my opinion to a reasonable degree of professional certainty that there was no basis for the use of force against Mrs. Wells. Moreover, the officer's conduct in arresting Ms. Wells is not supported by applicable standards for an arrest. Ms. Wells had no obligation to speak with officer Murphy after the suspect was ordered off of her property. Ms.Wells was within her rights to return to her home unmolested. Her original legal claim based on police misconduct appears to be valid.

Attorney misconduct

Just as there is evidence that the police officers engaged in misconduct there is also evidence that attorney Gary Parker engaged in outright fraud and chicanery. Attorney Parker openly lied about his legal efforts on behalf of Miss Wells. He sought to intimidate her with crude and bazaar religious rants. He also attempted to exploit what he perceived as political naïveté on the part of his client. Attorney Parker even abused the title of a federal judge in his attempt to intimidate his client. Parker noted that the federal judge would not believe Wells because he is a white southerner. This is something Federal Judge Land will surely find offensive.

Motions submitted by defense attorneys were not responded to by Attorney Parker. His failure to act has severely damaged his client's chances of achieving justice for serious misconduct by 2 police officers who were fired for their misdeeds. It will also cost Ms. Wells financially. Ms. Wells has recently received a bill from the Court totaling nearly $6000.00. My review of the evidence and court records demonstrate that Attorney Gary Parker essentially did nothing after filing the original complaint in federal court. And, it is evident that he attempted to cover-up his misconduct with a series of strategically timed letters filled with threats.

It is my opinion that the attorney committed substantial misconduct which had a detrimental impact on his clients legal interests. I respectfully submit this complaint on behalf of Ms. Janice Wells. 

Diop Kamau

Evidence exhibits: 
Fax Letter by