Exclusive Interview with Legal Schnauzer's Roger Shuler

By Joan Brunwasser

http://www.opednews.com/articles/Exclusive-Interview-with-L-by-Joan-Brunwasser-090503-667.html


Joining us today is Roger Shuler, citizen journalist and the brains 
behind the blog, <http://legalschnauzer.blogspot.com/>Legal Schnauzer 
, "one couple's encounter with corrupt judges, slimy lawyers, and 
incompetent prosecutors in Alabama... and how you can avoid being 
cheated by the vermin who make a mockery of our justice system." 
Clearly, Shuler doesn't pull his punches. Welcome to OpEdNews, Roger. 
You suspect that your blog got you fired last year. Let's start there.

After graduating from Mizzou (University of Missouri) with a degree 
in journalism, I joined the Birmingham Post Herald where I worked for 
11 years. I left to take a job at the University of Alabama at 
Birmingham (UAB), where I worked in various editorial positions, 
until I was unlawfully terminated last May. A mountain of 
evidence--at least I think it's a mountain--indicates I was fired 
because of the contents of my blog, Legal Schnauzer.

Tell us about Legal Schnauzer.

My wife and I went through a frightening experiencing in Alabama 
state courts, and we thought the public should know what actually 
goes on in some courthouses.

It all started when a difficult neighbor moved in next door in late 1998.

The neighbor later unwittingly confessed to criminal trespass third 
degree - but was found not guilty by a judge. (You heard that right; 
confess to a crime and you can be found not guilty in Alabama.) That 
allowed the neighbor to sue me for a tort called malicious 
prosecution. If you are a victim of a crime and the perpetrator is 
found not guilty, he can turn around and sue you.

The neighbor hired a lawyer with strong family ties to Alabama's 
Republican Party. And the judge in the civil case was a Republican. 
So the case was not dismissed, and it wound up costing us more than 
$40,000.

I came to see that my experience had connections to a much bigger story.

I started the blog in June 2007, just a few months after the U.S. 
attorney firings became a national story. The [former Democratic 
Governor] Don Siegelman case in Alabama became the best known example 
of an apparent political prosecution. And my little experience, 
believe or not, had connections to the Siegelman case.

In what way?

My neighbor's lawyer was a man named William E. Swatek. Swatek's son, 
Dax Swatek, is a GOP "consultant" in Alabama, and one of his primary 
mentors has been a man named Bill Canary. According to the sworn 
testimony of Alabama lawyer Jill Simpson, Bill Canary was at the 
heart of a conspiracy to initiate a bogus prosecution to "take care 
of" Don Siegelman. And Canary, according to Simpson, worked this out 
with a longtime associate, Bush White House strategist Karl Rove.

In the fall of 2007, Harper's Scott Horton referenced my reporting on 
the Paul Minor case in Mississippi, which has many similarities to 
the Siegelman case. Also that fall, my reporting was referenced in 
documents submitted at the U.S. House Judiciary Committee's hearing 
on selective prosecution.

Apparently, that made me a target at work. Strange events started 
happening on the job in December 2007 and got so bad that I filed a 
formal grievance against my supervisor. Roughly three weeks after 
filing that grievance, I was fired.

I have tape recorded evidence that indicates I was targeted because 
of my blog and its content about the Siegelman case.

It has been almost a year since my unlawful termination. I have filed 
a complaint with the EEOC regarding age discrimination, retaliation 
and wrongful termination.

Did you go into the criminal complaint against the neighbor assuming 
it would be a piece of cake?

No. No one wants to file a criminal complaint, particularly against 
someone who lives nearby. But we had exhausted all other remedies. We 
had multiple eye witnesses to his trespassing, so we had not only 
probable cause but "actual cause," so a malicious prosecution lawsuit 
should not have been a concern.

But that's in theory. The reality is that our justice system is 
populated with a fair number of corrupt lawyers and judges, and we 
encountered those. Bill Swatek has a bar card, and he filed a 
malicious prosecution claim even though he was in court and heard his 
client confess to the crime.

Because of his son's ties to the Alabama Republican Party, Swatek 
gets all kinds of favorable treatment from GOP judges in Shelby 
County, where we live. I've always been respectful of authority 
figures. Like many Americans, I assumed that people who wear robes 
and are called "your honor" are, in fact, honorable people. It's 
sobering when you realize that is not the case.

Perhaps my biggest surprise was how blatant the corruption was. In my 
case, neither the corrupt judges nor lawyers did anything to hide 
what they were doing. Our courts are so packed with cases that the 
bad guys apparently have little fear of being caught. I strongly 
encourage anyone involved in a legal case to educate themselves at a 
nearby law library. Don't rely on what a lawyer (yours or the other 
person's) says. And certainly don't assume that the judge is ruling 
correctly.

What did you do when you discovered the system was stacked against you?

Having been a newspaper reporter for a long time, I was used to the 
idea that people can act in corrupt ways. I read that one of the most 
stressful events in life is to be sued. To be sued and be cheated by 
the very people who are supposed to administer justice makes it far 
worse. With an honest judge, this lawsuit against me would have been 
resolved in about eight months time and cost us maybe $2,000. the 
whole experience dragged on eight or nine years, and cost tens of 
thousands of dollars.

I've never been in a fight, but I'm guessing a lawsuit is a little 
like being in a long, drawn-out boxing match. You take some punches, 
some you see coming and some that surprise you. You try to throw some 
punches, too. But in our case, the referee (judge) has kept our hands 
tied behind our backs. Maybe that's why I started the blog. That's 
the one place where I could truly punch back. In the short term, the 
decision to expose wrongdoing did cost me my job.

What about the long term?

Maybe it's too early to tell. Being without a job in this economy is 
rough. But I hope I've done a little something to further the cause 
of justice and shine light on a problem (judicial corruption) that 
needs to be addressed.

Thank you, Roger.

Readers: stay tuned for part two of this interview. More on the 
Siegelman case and Shuler's take on the Obama administration so far.



Author's Bio: Joan Brunwasser is a co-founder of Citizens for 
Election Reform (CER) which exists for the sole purpose of raising 
the public awareness of the critical need for election reform. We aim 
to restore fair, accurate, transparent, secure elections where votes 
are cast in private and counted in public. Electronic (computerized) 
voting systems are simply antithetical to democratic principles.

CER set up a lending library to achieve the widespread distribution 
of the DVD Invisible Ballots: A temptation for electronic vote fraud. 
Within eighteen months, the project had distributed over 3200 copies 
across the country and beyond. CER now concentrates on group 
showings, OpEd pieces, articles, reviews, interviews, discussion 
sessions, networking, conferences, anything that promotes awareness 
of this critical problem. Joan has been Election Integrity Editor for 
OpEdNews since December, 2005.

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