MEMORANDUM to Johannes H. Moorlach/Whitfield & Eddy Law

M E M O R A N D U M


Date: 28 March 2021


From: Michael J. Merritt
PO BOX 294
Newton, IA 50208
legal.ed100465@rampartphoenix.org


To: Johannes H. Moorlach
699 Walnut Street
Suite 2000
Des Moines, Iowa 50309
515-246-5501


Info: The Iowa State Bar Association
625 E Court Ave
Des Moines, IA 50309
(515) 243-3179


It has come to my attention that the employee of your client that I filed a complaint with the Iowa Conference of the United Methodist Church/Hope United Methodist Church for improper sexual conduct and involvement in the Petitioner of San Diego East County Court Case ED100465 false allegations of multiple felony charges of sexual assault (used for the purpose of child concealment) has a court date on 11 JUN 2021 and 24 JUN 2021 for an aggravated misdemeanor (OWI Second Offense).

02641 AGCR077727
Count Original Charge Offense Date Charge Class Adjudication Adjudication Charge Adjudication Class
02 OPER VEH WH INT (OWI) / 1ST OFF (SRMS) 02/06/2011 SERIOUS MISDEMEANOR GUILTY BY COURT OPER VEH WH INT (OWI) / 1ST OFF (SRMS) SERIOUS MISDEMEANOR

02641 STA0021821
Count Original Charge Offense Date Charge Class Adjudication Adjudication Charge Adjudication Class
01 IMPROPER USE OF LANES – 02/05/2011 SCHEDULED VIOLATION DISMISSED BY COURT IMPROPER USE OF LANES – SCHEDULED VIOLATION

02641 NTA0021820
Count Original Charge Offense Date Charge Class Adjudication Adjudication Charge Adjudication Class
01 STRIKING FIXTURES – 1978 02/05/2011 NON-SCHEDULED VIOLATION DISMISSED BY COURT STRIKING FIXTURES – 1978 NON-SCHEDULED VIOLATION

02641 OWCR098171
Count Original Charge Offense Date Charge Class Adjudication Adjudication Charge Adjudication Class
01 OPERATING WHILE UNDER THE INFLUENCE 2ND OFFENSE 01/18/2021 AGGRAVATED MISDEMEANOR

PRETRIAL CONFERENCE 06/11/2021 01:30 PM DAJ.JURY TRIAL 06/24/2021 09:00 AM DAJ.

IOWA CODE CHAPTER 321J – OPERATING WHILE INTOXICATED, §321J.2

4. A second offense is punishable by all of the following (if found guilty):
a. A minimum period of imprisonment in the county jail or community-based correctional facility of seven days but not to exceed two years.
b. Assessment of a minimum fine of one thousand eight hundred seventy-five dollars and a maximum fine of six thousand two hundred fifty dollars. Surcharges and fees shall be assessed pursuant to chapter 911.
c. Revocation of the defendant’s driver’s license for a period of one year, if a revocation occurs pursuant to section 321J.12, subsection 1. If a revocation occurs due to test refusal under section 321J.9, or pursuant to section
321J.4, subsection 2, the defendant’s license shall be revoked for a period of two years.
d. Assignment to substance abuse evaluation and treatment, a course for drinking drivers, and, if available and appropriate, a reality education substance abuse prevention program pursuant to section 321J.24.
This subpoena may not be appropriate as your client’s employee may have court dates for her second OWI offense that occurred on 18 JAN 2021 (while currently released on a $2000 bond) that may conflict with the court date I am requesting.

I advised you in my 26 MAR 2021 memorandum to your office that any future threats of utilizing the police for the purpose of intimidation would be reported to the Iowa State Bar Association. You stated in your 27 MAR 2021 email:
“These entities and persons, in response to any continued threat from you, will also continue to contact law enforcement to protect themselves and their property should the need arise.”

Your statement implies and indicates that I have been a threat to your client in the past. Your client utilized the Marshalltown Police Department fully armed in body armor on my doorstep for the purpose of filing no charges and making no arrests in June 2019. Does this show evidence that I have been threatening or I have broken a state law (IA Code 708.7) or evidence that your client has utilized the Marshalltown Police Department for the purpose of like yourself attempting to intimidate another party? As a lawyer licensed in the state of Iowa it is my expectation that you understand the gravity of your dialog and choice of words, “Continued threat from you” implies that I have executed behavior previously that is threatening violating Iowa Code 708.7. I have never been charged with a crime, and I have no criminal record (civilian/military).

Iowa Code 708.7 Harassment.
“1. a. A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person does any of the following: (1) Communicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. (2) Places a simulated explosive or simulated incendiary device in or near a building, vehicle, airplane, railroad engine or railroad car, or boat occupied by another person. (3) Orders merchandise or services in the name of another, or to be delivered to another, without the other person’s knowledge or consent. (4) Reports or causes to be reported false information to a law enforcement authority implicating another in some criminal activity, knowing that the information is false, or reports the alleged occurrence of a criminal act, knowing the act did not occur. (5) Disseminates, publishes, distributes, posts, or causes to be disseminated, published, distributed, or posted a photograph or film showing another person in a state of full or partial nudity or engaged in a sex act, knowing that the other person has not consented to the dissemination, publication, distribution, or posting. b. A person commits harassment when the person, purposefully and without legitimate purpose, has personal contact with another person, with the intent to threaten, intimidate, or alarm that other person. 2. a. A person commits harassment in the first degree when the person commits harassment involving any of the following: (1) A threat to commit a forcible felony. (2) A violation of subsection 1, paragraph “a”, subparagraph (5). (3) Commits harassment and has previously been convicted of harassment three or more times under this section or any similar statute during the preceding ten years. b. Harassment in the first degree is an aggravated misdemeanor. 3. a. A person commits harassment in the second degree when the person commits harassment involving a threat to commit bodily injury, or commits harassment and has previously been convicted of harassment two times under this section or any similar statute during the preceding ten years. b. Harassment in the second degree is a serious misdemeanor. 4. a. Any other act of harassment is harassment in the third degree. b. Harassment in the third degree is a simple misdemeanor. 5. For purposes of determining whether or not the person should register as a sex offender pursuant to the provisions of chapter 692A, the fact finder shall make a determination as provided in section 692A.126. However, the fact finder shall not make a determination as provided in section 692A.126 regarding a juvenile convicted of a violation of subsection 1, paragraph “a”, subparagraph (5), and the juvenile shall not be required to register as a sex offender with regard to the violation. 6. The following do not constitute harassment under subsection 1, paragraph “a”, subparagraph (5): a. A photograph or film involving voluntary exposure by a person in public or commercial settings. b. Disclosures made in the public interest, including but not limited to the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures. c. Disclosures by an interactive computer service of information provided by another information content provider, as those terms are defined in 47 U.S.C. §230. 7. As used in this section, unless the context otherwise requires: a. “Full or partial nudity” means the showing of any part of the human genitals or pubic area or buttocks, or any part of the nipple of the breast of a female, with less than fully opaque covering. b. “Personal contact” means an encounter in which two or more people are in visual or Wed Nov 25 03:00:08 2020 Iowa Code 2021, Section 708.7 (13, 0) §708.7, ASSAULT 2 physical proximity to each other. “Personal contact” does not require a physical touching or oral communication, although it may include these types of contacts. c. “Photographs or films” means the making of any photograph, motion picture film, videotape, or any other recording or transmission of the image of a person. d. “Sex act” means the same as defined in section 702.17. [C71, 73, 75, 77, §714.37, 714.42; C79, 81, §708.7; 82 Acts, ch 1209, §19] 83 Acts, ch 96, §157, 159; 86 Acts, ch 1238, §28; 87 Acts, ch 13, §4; 89 Acts, ch 226, §1; 94 Acts, ch 1093, §3; 2000 Acts, ch 1132, §3; 2009 Acts, ch 119, §53; 2017 Acts, ch 117, §2 Referred to in §232.8, 664A.2, 692A.102, 692A.126, 720.7, 901C.3 Harassment with intent to interfere with official judicial acts, see §720.7”
Is this not what you are implying I have committed against your client? Illusory truths (post-truth politics) are a form of manipulation where falsehoods are spoken repeatedly for the purpose of distorting the common narrative regarding various parties (in this situation the Marshalltown Police Department) perception of reality regarding another party.

“When a person having control or influence over another utilizes communication and a repetitive dialog of falsehoods to reshape and program the thoughts, feelings, and actions of another.”

Michael J. Merritt, rampartphoenix.org/missions/illusory-abuse


Evidence suggests your client (and possibly you) has utilized the Marshalltown Police Department and you and your client are threatening to utilize them against me for the purpose of intimidation, as threatening a person who has not violated the law with contacting the police is not logical and shows more evidence of a manipulative possibly deceitful use of the police for the purpose of maintaining control. I have not broken the law nor have I gone against your client’s no trespassing order they initiated after I filed a misconduct complaint against one of their church leaders. Yet your client’s employees have approached me making contact in the Marshalltown VA Clinic and as of 2 weeks ago as evidence shows (screenshots) are cyberstalking online accounts connected to me for what purpose? I find you and your client’s behavior toward a veteran of 20 years of service in the US Navy [with no criminal record, 20-year Top Secret clearance (with compartmentalization), and an honorable discharge after 20 years of military service diagnosed with severe depression and anxiety] and future additional threats of unnecessary harassment involving armed police at my front door when I have committed no crime and have been charged with no crime while attempting to report your client for unethical behavior as highly abusive, malicious, and unethical use of law enforcement officers and tax dollars to achieve your client’s obvious agenda of attempting to maintain control and conceal the conduct of their Worship Arts Coordinator that evidence and public records show is a sexually toxic woman who suffers from alcohol abuse and has a prior record of time in jail.

Iowa Code 708.7 paragraph 6(b.) states disclosures made in the public interest, including but not limited to the reporting of unlawful conduct, disclosures by law enforcement, news reporting, legal proceeding disclosures, or medical treatment disclosures does not constitute harassment (threat). I intend to launch an investigation to determine if you and your client’s threats and use of local police motivated by a false narrative while I have attempted to report misconduct and abusive behavior have violated my rights as protected in Iowa Code 708.7 paragraph 6(b) and the first amendment of the United States of America.

Chapter 32:8.4 “Misconduct” of the Iowa Rules of Professional Conduct states:
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Iowa Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;
(e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Iowa Rules of Professional Conduct or other law;
(f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law; or
(g) engage in sexual harassment or other unlawful discrimination in the practice of law or knowingly permit staff or agents subject to the lawyer’s direction and control to do so. Comment [1] Lawyers are subject to discipline when they violate or attempt to violate the Iowa Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer’s behalf. Paragraph (a), however, does not prohibit a lawyer from advising a client concerning action the client is legally entitled to take. [2] Illegal conduct can reflect adversely on fitness to practice law. A pattern of repeated offenses,


Due to your failure to respect my request regarding no further threats of police actions I am terminating our electronic correspondence. I will be contacting the Iowa State Bar to report what I believe to be dishonest communications and misrepresentation of facts in this situation while utilizing law enforcement to harass me while communicating future threats of utilizing law enforcement. I will be reporting what I believe is purposeful without legitimate purpose contact with the intent to threaten, intimidate, and/or alarm me to the Marshalltown, IA, and ********* Police if you contact me further through electronic mail. You may serve me any future correspondence to my mailing address as I will be utilizing yours:

PO BOX 294
Newton, IA 50208

If you have a case against me file it, if you have charges against me file them. Otherwise, keep what in my personal analysis (opinion) is unethical threatening rhetoric to the confines of your own professional life.
Respectfully,

——SIGNED——
Michael J. Merritt