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TENTH JUDICIAL DISTRICT ASSISTANT DISTRICT ATTORNEY GENERAL IS ALREADY FACING ETHICS COMPLAINT
Letter from Eugene Whiting
(Aug. 2, 2012) — [Editor’s Note: The following letter was written in response to Tenth Judicial District Assistant District Attorney General Paul D. Rush’s statements on June 28, 2012 at a motions hearing for Walter Francis Fitzpatrick, III. Rush had complained to Judge Walter C. Kurtz that contacting Fitzpatrick at his address of record was had caused him “difficulties.” Rush or a surrogate had dropped off a response to Fitzpatrick’s latest motions on the back doorstop 12 days after the stated deadline and the evening before the hearing on June 28. Rush also complained that Mr. Whiting, the homeowner, had “hung up on him twice.”
An ethics complaint was filed against Rush two years ago which has recently been reported in the local mainstream media. The Post & Email is in possession of the complaint and exhibits pertaining to the complaint against Rush, who has accused The Post & Email of lacking “ethics” and journalistic “integrity.”
The letter below was sent by certified mail to Rush and the Board of Professional Responsibility (BOPR), which is pursuing the ethics complaint. On the following recording, Rush specifically mentions The Post & Email as having posted Fitzpatrick’s “unique theories about government corruption. Rush is incorrect when he claims that FBI agents “seized” the documents in question; they did not.]
To Whom It May Concern:
The purpose of this letter is two-fold. First to make a record of what has transpired between ADA Paul Rush and ourselves and second to request an investigation as to the actions and comments of Paul Rush aimed at us in open court.
At the request of our friend, Walter Fitzpatrick, we agreed to allow him to use our address for the purpose of receiving mail and other documents. We did this as Walter did not have a permanent place to live and would be needing to receive mail for his legal battles.
In the morning hours, date unsure, Paul Rush called our house wanting to speak with Walter. Norma did politely inform him that she would relay the message to Walter. She did relay the message and Walter asked us to inform Mr. Rush that he would request everything that needs to be said be put in writing.
Later that afternoon Paul Rush called again and I answered the phone this time and informed Mr. Rush of what Walter has asked me to say. Paul Rush immediately started to interrogate me and went to the point of asking what my qualifications were and if I was an attorney. Unhappy with the way Mr. Rush was treating me I hung up the phone. It is important to note that never have I tried to do anything to even give the impression that I was an attorney or doing anything other than relaying a message in this case. Paul Rush then called back and asked what the physical address was here. As it was the address of record, I again willingly gave it to him. Within an hour Paul Rush showed up at our house with two sheriff department cars as escorts. Although there was no problem, it was both unnecessary and demeaning as both our neighbors and grandson were watching this happen and wondering what was going on. It is important to note that the reason Paul Rush was at our house was because he had failed to file his papers in a timely fashion and therefore made a scene at our house .
On June 27, 2012 Paul Rush called again to speak to Walter and again at Walter’s request I informed Mr. Rush to please put it in writing. Paul Rush again attempted to interrogate me and again asked if I was an attorney. We now expected Mr. Rush to show up again so we left the main door open so we could hear if he came. We never did hear or see anyone come by, but our grandson saw some paper work on the ground. We immediately took that paperwork to Walter.
As friends of Walter, we do go to his court hearings and were both shocked and angry beyond belief to hear Paul Rush state in open court that he was afraid of us. At the young age of 77 and 75 my wife and I have never been in any physical fights and never have been accused of threatening anyone before. We have stood our ground on issues we believe in, but have always tried to be respectful in doing so. We believe Paul Rush has a bad motive for making his comments about us and now leads us to believe we should have some concerns for what he might try to do to us.
As we are no threat to anyone we do not mind, with the exception of Paul Rush, receiving paperwork for Walter. We request that ADA Paul Rush not come to our home again.
Eugene and Norma Whiting