14 May 2009

Summary of the Crank That We Debunked

So... Walter L. Wagner, most recently known for filing suit in Hawaii to shut down the Large Hadron Collider (LHC) in Switzerland (video summary by The Daily Show), who is currently under indictment for Attempted Theft In The First Degree and Identity Theft In The First Degree from World Botanical Gardens, Inc. in Umauma, Hawaii, has led a fascinating, litigation-rich life. His past decade, especially, seems to have been packed solid with at least half a dozen completely separate legal battles in at least four states - from suing of colliders to accumulating restraining orders to alleged embezzlement and fraud. Here's a timeline of his life as we know it, pieced together from public and (mostly) online sources.

1968: graduated from Salinas High School, Salinas, California
(self-reported at classmates.com)

1970: graduated from Hartnell College (a community college with its main campus in South Salinas), California
(self-reported at classmates.com)

1970: began attending UC-Berkeley
(from a 2003 interview in the East Bay Express, Emeryville, CA)

1970s: was involved in the No Nukes movement, and worked for antinuclear activist Helen Caldicott. Eventually he disagreed with her approach and left the movement.
(from a 2003 interview in the East Bay Express, Emeryville, CA)

1972: graduated from UC-Berkeley with a Biology BA
(self-reported at classmates.com, 2008 legal affidavit for the lawsuit against the LHC, a 29 Jul 1982 letter to the editor of the New England Journal of Medicine)

1973: was hired by Dr. P. Buford Price, physics professor at UC-Berkeley, as a scanner. Job description of a particle physics scanner: "A scanner is carefully instructed in what to look for through an optical microscope as he systematically moves the field of view, like a lawn mower. He records all tracks that fit the professor's or graduate student's criteria. When all events that fit the criteria are analyzed (and this may take a year or longer), the scientists write a paper, usually using mathematical techniques that are beyond the capability of the scanner. At the end of the paper the scanner(s) are thanked."
(date is from the 2008 legal affidavit for the lawsuit against the LHC)

July 1975: left the Price lab to start law school at the McGeorge School of Law in Sacramento
(date self-reported from a comment on John the Scientist's blog; name of school from 26 Sep 1977 People Magazine article, Wagner v. Flippo 2005)

1975-1978: Price et al (1975) published a paper about the possible detection of a magnetic monopole, with Wagner as one of five people listed in the acknowledgements for "assistance." A 25 Aug 1975 Time Magazine article highlights Julie Teague as well as Walter Wagner as the technical assistants that first spotted the particle track. Alvarez (1975) disputed Price et al (1975) a month later with a conference presentation, and Price et al (1978) retracted their claim; Wagner had no role in these parts of the science.
(P. B. Price; E. K. Shirk; W. Z. Osborne; L. S. Pinsky (1975). "Evidence for Detection of a Moving Magnetic Monopole". Physical Review Letters 35 (8): 487-490. American Physical Society.
Alvarez, L.W. (1975) "Analysis of a reported magnetic monopole."
Price, P. B.; Shirk, E. K.; Osborne, W. Z.; and Pinsky L. S. (1978). "Further measurements and reassessment of the magnetic-monopole candidate Phys. Rev. D 18, 1382-1421.)


1975: met Gail Morton, started following her around, sending her lots of gifts, making lots of phone calls, and other signs of affection - all unwanted by Ms. Morton
fall 1976: Morton won a court injunction (restraining order) against him
fall 1976-fall 1977: convicted of 17 counts of contempt
Sep 1977: sentencing occurred
1976-1977: Wagner dropped out of McGeorge to repeat his first year at Lincoln Law School in Sacramento.
(from a 26 Sep 1977 People Magazine article, name of law school self-reported at classmates.com. Additional reference: "The Ardent Suitor" by Jerrold K. Footlick, Newsweek, 4 Jul 1977, p.59)

1978: self-reported graduation date from three different law schools: McGeorge, Lincoln, and University of Northern California Lorenzo Patiño School of Law.
(self-reported at classmates.com)

Note: He is highly unlikely to have completed a law degree by 1978 if he repeated first year in 1976 or later, as People Magazine reports. What probably happened was that his actual degree came from Lorenzo Patiño sometime after it opened in 1983. Lorenzo Patiño is an unaccredited law school. Also, there is no evidence that he ever passed a bar exam in California or Hawaii.

1978: California Code Of Civil Procedure Section 527.6, titled: "Injunctions to prevent harassment; Possession of firearm by person subject to protective order" enacted as a result of Wagner's actions toward Morton from 1975-1977.
(references: Diamond View Limited v. Herz (1986) 180 Cal. App. 3d 612, 225 Cal. Rptr. 651; 2003 Cal. App. Unpub. LEXIS 6054)

1979: hired as the head radiation safety officer at the San Francisco Veterans Administration Medical Center
(from a 2003 interview in the East Bay Express, Emeryville, CA)

1981: 1977 injunction against approaching or contacting Gail Morton was dissolved by mutual release after a civil suit arising from an "injurious newspaper article." This dissolution was affirmed on 14 Jul 2004 by Judge Maldonado of the Monterey County Appellate Division of the Superior Court of California (see below for more details).
(Wagner v. Flippo 2005 - No. C 05-02863 JSW)

29 Jul 1982: Had a letter to the editor published in the New England Journal of Medicine about the dangers of radioactive tobacco.

1984: left the radiation safety officer job at the San Francisco Veterans Administration Medical Center
(from a 2003 interview in the East Bay Express, Emeryville, CA)

1984-2003: briefly taught earth science at Oakland's Arroyo Junior High. Presumably was a teacher at all of the other schools self-reported at classmates.com where he clearly wasn't a student. Presumably aced his much-beloved CBEST (a standardized test for grade school teachers) during this time as well. Also, founded the Monterey Bay Perpetual Endowment Foundation for Wellness.

4 Jul 1995: opening of the World Botanical Gardens, a botanical garden in Umauma, Hawaii. Apparently it was incorporated in Nevada.
(some history included here)

12 Jun 1996: apparently there is also a Utah chapter to the World Botanical Gardens, called World Botanical Garden Institute.
(Deseret News Publishing Co.)

1999: Radiation Man is born. The quest to eliminate uraniam-glazed tiles began in a Baja Cantina restaurant in Monterey, CA.
(from a 2003 interview in the East Bay Express, Emeryville, CA)

Jul 1999: had a letter to the editor published in Scientific American about black holes being created at the Relativistic Heavy Ion Collider at Brookhaven National Laboratory. Letter was refuted by Dr. Wilczek of the Institute for Advanced Study in Princeton.

May 1999 - May 2000: filed lawsuits in San Francisco and New York versus the U.S. Dept. of Energy, then the Brookhaven Science Association, to shut down the Relativistic Heavy Ion Collider (RHIC) at Brookhaven National Laboratory.
(14 Jun 2000 article at msnbc.com)

10 Nov 2001: Was arrested near the San Francisco airport after repeated attempts to contact Gail Morton against her wishes. He was carrying several knives and a list of Morton's coworkers at the time.
(Wagner v. Flippo 2005 - No. C 05-02863 JSW)

20 Nov 2001: Prosecution began against him for violating the 1977 injunction.

2001: A new 3-year injunction was issued.
(California Public Court Record H028942)

2003: Appealed arguing that the 1977 injunction had been voided. Appeal denied.

2003: Radiation Man is going door to door in California, warning about the dangers of uranium-glazed tiles.
(article at msnbc.com, 2003 interview in the East Bay Express, Emeryville, CA)

30 May 2003: appeal denied in Hawaii regarding something about the Wagners' minor unmarried daughter and a hospital
(Hawaii Supreme Court 25653 (PDF))

May 2004: stopped being involved in the day-to-day affairs of running the World Botanical Gardens in Umauma, Hawaii
(from 29 Feb 2008 article in the Honolulu Advertiser)

14 Jul 2004: Judge Maldonado of the Monterey County Appellate Division of the Superior Court of California agrees that the 1977 injunction had been voided in 1981, and that the 2001 lawsuit should've been charged under California stalker statutes, not violation of the 1977 injunction. (Wagner v. Flippo 2005 - No. C 05-02863 JSW)

Jul-Sep 2004: alleged to have transmitted personal information with intent to steal property from World Botanical Gardens, Inc.
(from 29 Feb 2008 article in the Honolulu Advertiser)

10 Sep 2004: alleged to have stolen $20k worth of property from World Botanical Gardens, Inc.
(from 29 Feb 2008 article in the Honolulu Advertiser)

24 Jan 2005: another new injunction against approaching or contacting Gail Morton is granted (as the 2001 injunction had expired).
(California Public Court Record H028942)

7 Jun 2005: filed appeal to reconsider an appeal of the 24 Jan 2005 injunction.
(California Public Court Record H028942)

Sep 2005: last known evidence of the existence of the Monterey Bay Perpetual Endowment Foundation for Wellness.

Sep 2005: Fraud/Misrepresentation case begins about the World Botanical Gardens in Nevada.
(Fraud/Misrepresentation Case CV05-02079, Washoe County, Nevada)

8 Nov 2005: Wagner files suit against the prosecutors from 2001, claiming wrongful prosecution for not having violated the 1977 injunction. The case is dismissed.
(Wagner v. Flippo 2005 - No. C 05-02863 JSW)

1 Dec 2005: Motion to reconsider Wagner v. Flippo is denied.
(more Wagner v. Flippo 2005)

3 Jan 2006: The Wagners file a motion to quash a subpoena of their bank account records. Presumably the subpoena is part of the legal battle with World Botanical Gardens, Inc.
(Hawaii No. 27745)

30 Jan 2006: The 3 Jan 2006 motion (attempt to quash a subpoena of their bank account records) is denied.
(Hawaii No. 27745)

7 Feb 2007: After a lengthy battle with World Botanical Gardens Inc. in Nevada, for engaging in fraud, freezing the garden's bank account, closing their website, and otherwise interfering in their business affairs, he's sentenced to 90 days in jail and several thousand dollars in fines.
(Fraud/Misrepresentation Case CV05-02079, Washoe County, Nevada)

May 2007: Forced to sell his share of the property holdings of the World Botanical Gardens in Nevada at public auction. Deemed vexatious litigants in Nevada.
(Fraud/Misrepresentation Case CV05-02079, Washoe County, Nevada)

10 May 2007: Gail Morton succeeds in having Wagner deemed a vexatious litigant in California.
(California Public Court Record H028942)

13 Jul 2007: The 30 Jan 2006 denial is affirmed. The Wagners' bank account records are successfully subpoenaed.
(Hawaii No. 27745)

7 Nov 2007: 24 Jan 2005 injunction against approaching or contacting Gail Morton stands, designation of Wagner as a "vexatious litigant" does not.
(California Public Court Record H028942)

14 Nov 2007: A $351,520 lien is put on World Botanical Gardens, Inc. property in Utah.
(#68419-2008, state of Utah)

17 Jan 2008: first recorded Wikipedia edit made on the name Oldnoah.

29 Feb 2008: indictment by a grand jury on counts of identity theft and attempted theft relating to an alleged attempt to obtain $340,000 from the botanical garden in Hawaii.
(29 Feb 2008 article at the Honolulu Advertiser, 14 Mar 2008 article at Hawaii Tribune-Herald, 28 Mar 2008 article at The Register (UK news website))

21 Mar 2008: files Sancho vs. DOE against the LHC in a federal district court in Hawaii.
(Sancho v. U.S. Department of Energy et al, case 1:2008cv00136)

26 Sep 2008: Sancho vs. DOE ends when Hawaiian Federal Judge Helen Gillmor officially declares that the American judicial system has no jurisdiction over the LHC.

Mar 2009: Ordered (along with two others) to pay $2.6 million to World Botanical Gardens, Inc. for theft, misrepresenting himself as a director after he'd been dismissed, and selling fake shares. The criminal indictments for Attempted Theft In The First Degree and Identity Theft In The First Degree are still pending.
(03 Mar 2009 BigIslandVideoNews.com, 08 Mar 2009 BigIslandVideoNews.com)

Present: directing the World Botanical Institute division of the Open Mind Foundation, where he claims to have a PhD.




Notes:
This timeline is a perpetual work-in-progress, though we've stopped actively digging for the most part (at the moment anyhow - Wagner and his minions have a tendency to keep coming back and motivating us to dig more). I didn't do most of the research that went into it - I just organized what other people found. This has truly been a group effort of the UCF.

6 comments:

vince said...

UCF FTW!

Tom said...

Wow! Really great.

I'd like to see two changes. "Sancho vs. Doe" changed to "Sancho vs. DOE" in both places. Doe makes it sound like a John or Jane Doe case where the defendant is unknown or unspecified. Also, there is an extra blank line after the May 1999 - May 2000 paragraph. It makes it seem like there is some kind of break there.

I know, picking nitts.

MWT said...

Heh, I've been staring at this thing so long that I'd completely forgotten it stood for "Dept of Energy." @.@

Fixed both. :)

neurondoc said...

Hmmm, no crazies here yet. Well, no crazies except for us... :-P

Janiece Murphy said...

MWT, would you like to borrow the Shovel of Doom™?

I put my link in my sidebar, and now all my new blogposts are coming up as "linked" to this.

Hee.

MWT said...

*TONG!*

Or, I think I had a clue by four at some point for these purposes...

*CLONK*

Or, wasn't it Nathan that had a retribution grill?

*FOOM!*

Heh heh heh. Normally spam doesn't show up on posts this recent.