MasMarques v. Greenspan Document 3

Marlborough District Court
Case No. 1921AC000120
Filed May 3, 2019

Declaration of Aaron Greenspan

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Aaron Greenspan (Pro Se)
956 Carolina Street
San Francisco, CA 94107-Phone: +1 415 670 Fax: +1 415 373 E-Mail: aaron.greenspan@plainsite.org
COMMONWEALTH OF MASSACHUSETTS
DISTRICT COURT DEPARTMENT
MARLBORO DIVISION

DIEGO MASMARQUES, JR. a/k/a DIEGO
MAS HOWARD a/k/a RICKY,

Date: May 9, Time: 2:30 P.M.
Judge: Clerk-Magistrate Paul F. Malloy
Petitioner,

Case No.: 1921AC
v.
Date of First Filing: April 8,
AARON GREENSPAN,

Respondent.
DECLARATION OF AARON GREENSPAN
I, Aaron Greenspan, declare as follows:
1.
On May 2, 2019, the Santa Clara County Superior Court held a hearing in Case
No. 18CH008067, Greenspan v. MasMarques, at 1:30 P.M. Mr. MasMarques was initially
represented by counsel Timothy Gomes, who has a disciplinary record before the State Bar of
California and thus may or may not be eligible to practice law.1 A few minutes after calling Mr.
Gomes’s wife, Catherine Gomes, as a witness, all testimony was struck on the grounds of lack of
relevance, and Mr. MasMarques fired Mr. Gomes, who left the courthouse with his wife.
See http://members.calbar.ca.gov/courtDocs/18-PM-18139.pdf.
DECLARATION OF AARON GREENSPAN

1921AC000120
Page 2
2.
During the hearing, while he was under oath, Mr. MasMarques repeatedly claimed

that one of the criminal charges pending against him in the Marlborough District Court had

already been dismissed. He could not specify which charge or provide any evidence of his claim.

3.
Middlesex County District Attorney’s Office Victim Advocate Lauryn Myers

affirmed this morning in writing that with regard to Mr. MasMarques, “Nothing was dismissed, I

just checked.” See Exhibit A.

4.
During the hearing, at my request, Judge Carol Overton examined Mr.

MasMarques’s latest (at that time) counter-Temporary Restraining Order (“Counter-TRO”)

purporting to restrain me, and agreed that a due process failure had led to an “oversight” that

caused that Counter-TRO and all of its predecessors since July 3, 2018 to be unreasonably broad

and unenforceable. Although she did not vacate the Counter-TRO, she did amend the contents

of the Counter-TRO re-issued May 2, 2019 and expiring July 1, 2019 to have a narrower scope

in section 6, point 4. The new restriction, hand-written by Judge Overton on page 2 of the

newest Counter-TRO reads as follows: “you shall refrain from accessing and/or publishing

confidential, personal information concerning the protected person, and publishing his residential

address, social security number and driver’s license number. This provision shall also apply to the

additional protected persons.” See Exhibit B.

5.
Mr. MasMarques’s residential address in Marlborough, Massachusetts is already

public information and is therefore, by definition, not confidential. The other elements were

already voluntarily redacted when I published the court document in question on PlainSite.

6.
unconstitutional as it violates my First Amendment rights.

Mr. MasMarques’s Counter-TRO, though now narrower in scope, is still
7.
The transcript of the May 2, 2019 hearing will be available in approximately one
month.
DECLARATION OF AARON GREENSPAN

1921AC000120
Page 3
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Aaron Greenspan
956 Carolina Street
San Francisco, CA 94107-Phone: +1 415 670 Fax: +1 415 373 E-Mail: aaron.greenspan@plainsite.org
DECLARATION OF AARON GREENSPAN

1921AC000120
Page 4 CERTIFICATE OF MAILING AND SERVICE
I, Aaron Greenspan, hereby certify that this document has been e-mailed to the Court
subject to a prior written agreement.
Aaron Greenspan
aaron.greenspan@plainsite.org
Page 5 EXHIBIT A
May 3, 2019 E-Mail from Middlesex County District Attorney’s Office
Victim Advocate Lauryn Myers
Page 6 From:
Subject:
Date:
To:
Myers, Lauryn (DAA) lauryn.myers@state.ma.us
RE: Status of Charges
May 3, 2019 at 9:48 AM
Aaron Greenspan aaron.greenspan@plainsite.org
Nothing was dismissed, I just checked.
From: Aaron Greenspan [mailto:aaron.greenspan@plainsite.org]
Sent: Friday, May 03, 2019 12:45 PM
To: Myers, Lauryn (NOR)
Subject: Re: Status of Charges
Lauryn,
Can you please confirm this for sure? This was an important issue in yesterday’s hearing
and Mr. MasMarques absolutely insisted that one of the charges had been dismissed. I of
course pressed him for details, documents, etc. but he could not offer any.
If he was incorrect (lying) I will need to inform Judge Overton.
Thanks,
Aaron
PlainSite | https://www.plainsite.org
On May 3, 2019, at 9:43 AM, Myers, Lauryn (DAA) wrote:
To my knowledge nothing was dismissed, but on 4/18 a mo>on to dismiss date was set for June
10 (which is what he is probably talking about).
From: Aaron Greenspan [mailto:aaron.greenspan@plainsite.org]
Sent: Friday, May 03, 2019 11:54 AM
To: Myers, Lauryn (NOR)
Subject: Status of Charges
Lauryn,
Yesterday in court here in California, Mr. MasMarques claimed that one of the two criminal
charges against him was dismissed on April 18th. Is that true, and if so, which one and why?
Thanks,
Aaron
PlainSite | https://www.plainsite.org
Page 7 EXHIBIT B
Most Recent Version of Mr. MasMarques’s Counter-TRO with Amended Verbiage
Page 8 ae ki Civil Harassment Restraining Clerk stamps date here when form is filed.
, M Order After Hearing Pete fF
@
Person in (A) must complete items(1),(2), and (3) only.


Protected Person a | a MAY X22019 *
a. Your Full Name: Diego Mas Marques Clerk of the Court
ior Court of CA County of Santa’ Clara
Your Lawyer (if you have one for this case) By uperior Cour 9 an
Name: self-represented State Bar No.:


Firm Name: self-represented

b. Your Address ([fyou have a lawyer, give your lawyer’s information. —
If you do not have a lawyer and want to keep your home address Fillin cour’ name and street address:
private, you may give a different mailing address instead. You do not Superior Court of California, County of















. . Santa Clara
have t tel , faX, -mail. :
ave to give elephone, fax, or e-mail.) 191 N. First Street
Address: PO Box 560042 San Jose, CA City: Medford State-MA Zip: 02156 Civil Courthouse
Telephone: Fax:
E-Mail Address: Court fills in case number when form is filed.
. Case Number:
Restrained Person 18CHFull Name: Aaron Jacob Greenspan
Description:
Sex: M_ [] F Height: 5'10" Weight: 160 Date of Birth: Mar 31, Hair Color: brown Eye Color: brown Age: 35 Race: White
Home Address (ifknown): 500 Race Street Suite City: San Jose State: CA Zip: Relationship to Protected Person: Individual is continuously harassing me




(3) Additional Protected Persons
In addition to the person named in@) , the following family or household members of that person are protected by
the orders indicated below:

Full Name Sex Age Lives with you? How are they related to vou?
Mary Mas Marques F 37 Yes [] No wife
Diego Mas Marques Sr. M 75 Yes [] No father

Check here if there are additional persons. List them on an attached sheet of paper and write “Attachment 3—
Additional Protected Persons” as a title. You may use form MC-025, Attachment.
Expiration Date
This Order, except for any award of lawyer’s fees, expires at




Time: / i J Y [] am. ppm. [] midnight on (date): Toly Ly QO) t

If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order,

Roviead donuary 1.3018. Monkey rors” Civil Harassment Restraining Order After Hearing CH-130, Page 1 S
Ci f Civil Procedure, : . :
Arproved ty proce ura, §§ 527.6 and §27.9 (CLETS-CHO)
(Civil Harassment Rule
ention)
CROCSS-REQVEST
Page 9 Case Number:




18CH(5) Hearing
a. There was a hearing on (date): May 2, 2019 at (time): 1:30pm in Dept.: 11 Room:
(Name of judicial officer): Hon. Carol Overton made the orders at the hearing.

b. These people were at the hearing:
(1) Kl The person in(4). (3) [[] The lawyer for the person in (1) (name):
(2) vl The person in(@2). (4) [] The lawyer for the person in (2) (name):
[-] Additional persons present are listed at the end of this Order on Attachment 5.


c. [] The hearing is continued. The parties must return to court on (date): at (time):
To the Person in@:
The court has granted the orders checked below. If you do not obey these orders, you can be arrested
and charged with a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both.
Personal Conduct Orders
a. You must not do the following things to the person named in )
and to the other protected persons listed in 3):
(1) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse,
destroy personal property of, or disturb the peace of the person.
(2) Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,
or by other electronic means.
(3) Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has
found good cause not to make this order.
(4) Other (specify):
DX Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). Y ou SAYS |
Hefrain from ac ceptinio Qad fom -Ouh jifhiang Confidential
b. Peaceful written contact théough a lawyer or process server or other person for service of legal papers related to
a court case is allowed and does not violate this Order.. - ,
‘Pp gnyoannl in fo Pura fio
. A
(7) [x] Stay-Away Orders Coractr Aing the pro teoted pecrser,
a. You must stay at least 300 yards away from (check all that apply): Quand Poblidh 1 y
=O a





(1) [kX] The person in(4) . (7) (1 The place of child care of the children of Als
(2) Each person in(@). the person in(1) . i
(3) [x] The home of the person in) . (8) The vehicle of the person in(4). ‘edi des a Ctl
(4) The Job or workplace ofthe person (9) [] Other (specify): addreSS ) Yor;a
in(1). J cvniy “y
(5) EX] The school of the person in (1). AVM ber , aad
(6) [1] The school of the children of the _ fr res
person in(1). fi Ce ade
Adm hw .
b. This stay-away order does not prevent you from going to or from your home or place of employment.
= ons TALS prey ien
This is a Court Order. JAci/ e/rs Apely
Revised January 1, 2018 Civil Harassment Restraining Order After Hearing_)., CH-130, Page 2 of (CLETS-CHO) the a dd tioral >
(Civil Harassment Ceoy
CROSS -KEWOEST Pre tected
DNeaJoalh, or
Page 10 Case Number:
18CH




No Guns or Other Firearms and Ammunition
a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns,
other firearms, or ammunition.
b. Ifyou have not already done so, you must:
+ Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, or turn in toa
law enforcement agency, any guns or other firearms in your immediate possession or control.
- File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms
have been turned in, sold, or stored. (You may use form CH-800, Proof of Firearms Turned In, Sold, or
Stored, for the receipt.)
c. (| The court has received information that you own or possess a firearm.
d. L] The court has made the necessary findings and applies the firearm relinquishment exemption under Code of
Civil Procedure section 527.9(f). Under California law, the person in @ is not required to relinquish this
firearm (specify make, model, and serial number of firearm(s)):

The firearm must be in his or her physical possession only during scheduled work hours and during travel to
and from his or her place of employment. Even if exempt under California law, the person in @) may be
subject to federal prosecution for possessing or controlling a firearm.
\ [] Lawyer's Fees and Costs

The personin _—-mustpaytothepersonin ___ the following amounts for
[] lawyer's fees L] costs:
Item Amount Item Amount
$ $
$ $

[|] Additional items and amounts are attached at the end of this Order on Attachment 9.
[1 Possession and Protection of Animals
a. CL] The person in (A)is given the sole possession, care, and control of the animals listed below, which are
owned, possessed, leased, kept, or held by him or her, or reside in his or her household.
(Identify animals by, e.g., type, breed, name, color, sex.)


b. LC] The person in(2) must stay at least yards away from, and not take, sell, transfer, encumber, conceal,
molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.
(14) (] Other Orders (specify):





["] Additional orders are attached at the end of this Order on Attachment 11.
This is a Court Order.
Revised January 4, 2018 Civil Harassment Restraining Order After Hearing CH-130, Page 3 of (CLETS-CHO) >
(Civil Harassment Prevention)
CZOSS~ REQUEST
Page 11 Case Number:
18CH



Fe,

(12) Mandatory Entry of Order Into CARPOS Through CLETS
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
a. (| The clerk will enter this Order and its proof-of-service form into CARPOS.
b. The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered
into CARPOS.
c. [] By the close of business on the date that this Order is made, the person in @) or his or her lawyer should
deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to
enter into CARPOS:
Name of Law Enforcement Agency Address (City, State, Zip)


[-] Additional law enforcement agencies are listed at the end of this Order on Attachment 12.
(13) Service of Order on Restrained Person
a. EL The person in@) personally attended the hearing. No other proof of service is needed.
b. ([] The person in @) did not attend the hearing.
(1) L) Proof of service of form CH-110, Temporary Restraining Order, was presented to the court. The
judge’s orders in this form are the same as in form CH-110 except for the expiration date. The person in
must be served with this Order. Service may be by mail.
(2) [.] The judge’s orders in this form are different from the temporary restraining orders in form CH-110.
Someone—but not anyone inl) or (3)—must personally serve a copy of this Order on the person
in (2).
(14) No Fee to Serve (Notify) Restrained Person
The sheriff or marshal will serve this Order without charge because:
a. The Order is based on unlawful violence, a credible threat of violence, or stalking.
b. (] The person in @) is entitled to a fee waiver.
(18) Number of pages attached to this Order, ifany:
Date: May 2, 2019 [)} f-.
\



Judicial Officer
| Carol Overton
This is a Court Order. -_
Revised January 1, 2018 Civil Harassment Restraining Order After Hearing CH-130, Page 4 of (CLETS-CHO) >
(Civil Harassment Prevention)
CZOSS -REGQVEST
Page 12 Case Number:
18CHO




farning and Notice to the Restrained Person in @:

You Cannot Have Guns or Firearms
Unless item 8d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get
guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You
must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that
you have or control as stated in item above. The court will require you to prove that you did so.
Instructions for Law Enforcement

Enforcing the Restraining Order
This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy of the Order, or
has verified its existence on the California Restraining and Protective Order System (CARPOS). If the law enforcement
agency has not received proof of service on the restrained person, and the restrained person was not present at the court
hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations of
this Order are subject to criminal penalties.
Start Date and End Date of Orders
This Order starts on the date next to the judge’s signature on page 4 and ends on the expiration date in item @)on page 1.
Arrest Required lf Order Is Violated
lf an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed it, the
officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation
of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS.
Notice/Proof of Service
The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained
person “served” (given notice) if (Pen. Code, § 836(c)(2)):
The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or
The restrained person was at the restraining order hearing or was informed of the order by an officer.
*
An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on
the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency must
advise the restrained person of the terms of the order and then enforce it.
If the Protected Person Contacts the Restrained Person
Even if the protected person invites or consents to contact with the restrained person, this Order remains in effect and
must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person.
The orders can be changed only by another court order. (Pen. Code, § 13710(b).)


Weed
Revised January 1, 2018 Civil Harassment Restraining Order After Hearing CH-130, Page 5 of (CLETS-CHO) >
(Civil Harassment Prevention)
CLOSES ~ KE OVEST
Page 13 Case Number:
18CH




Conflicting Orders—Priorities of Enforcement
If more than one restraining order has been issued, the orders must be enforced according to
the following priorities: (See Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b).)
1. EPO: If one of the orders is an Emergency Protective Order (form EPO-001) and is more restrictive than other
restraining or protective orders, it has precedence in enforcement over all other orders.
2. No-Contact Order: If there is no EPO, a no-contact order that is included in a restraining or protective order has
precedence over any other restraining or protective order.
3. Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a
criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of
the civil restraining order remain in effect and enforceable.
4. Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order
has been issued, the one that was issued last must be enforced.
Clerk’s Certificate (Clerk will fill out this part.)
[seal] —Clerk's Certificate—
I certify that this Civil Harassment Restraining Order After Hearing is a true and
correct copy of the original on file in the court.
Date: Clerk, by
ACORRECT COPY OF THE.ORIGINAL
ON FILE IN THIS OFFICE

MAY 0 2 en HE




This is a Court Order.

Bitiese tentelyelncell Civil Harassment Restraining Order After Hearing GHrts0 rages (CLETS-CHO)
(Civil Harassment Prevention)
CROSS -FE QUEST
Page 14 Attachment #3 Additional Protected Persons
05/02/18CH
MasMarques vs. Greenspan
Name Sex Age Household Member Relation to Protected Person
Evan Bulman M 26 YES Son

(R028 -GEQUEST
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