Prosecuting the owner of a website that hosted accusations of Multnomah County Deputy District Attorney Kevin Demer engaging in an inappropriate relationship with the alleged victim in the case can only be described as the vindictive result of an obvious conflict of interest. In my case I had been trying to address a complaint regarding content published by an end user that had been previously prosecuted by Demer. In the course of things accusations came to light accusing him of having a prior sexual relationship with the victim in that case, who was the person complaining to me about content on the website, and eventually became the "victim" in the case against me.
Why did he not recuse himself? I am not sure. It might be because the United States Attorney's Office took the case, but that does not explain his choice to take me to trial in another unrelated case with no plea offer, ask that I be sentenced to the statutory maximum for a misdemeanor (12 months, I got 4), or the huge folder of material about my old websites that was sitting on the prosecutors desk when I was arraigned for that misdemeanor before catching my felony case.
Speaking of that felony case, identity theft for using a pseudonym when signing up for Facebook? Really, I would say that only a man who does not intend to take a case to trial would indict someone for such a thing, but that does not explain my stalker's ex-husband being charged with identity theft for posting on my website under a pseudonym. Now, I must disclaim that I have never seen any of the legal paperwork from that case, but I did see the guy's work on the website and I could not think of any crimes that he had committed there. I did however see a previous case in which the guy pled guilty to harassment for making a prank phone call. In that case he used a fake name and I guess that was the basis for the identity theft charge, which he would have beaten at trial, had he wanted to pay the legal fees for one. In that case the guy pled guilty to a misdemeanor despite over a year having gone by since the incident. That is important because the statute of limitations for misdemeanors is one year and the limit for felonies is three years. By indicting him for identity theft Demer was able to circumvent the statute of limitations for the crime actually committed. So, if Demer ever charges you with a felony for an incident over a year old, talk to a lawyer because you might be innocent of the felony and Demer might be procedurally barred from prosecuting you for what you actually did.
In addition, it is not identity theft to use a pseudonym online. The identity theft statute covers imaginary names, but only for people that use them to commit a fraud of some sort. That language was added to the statute to keep people from opening bank accounts under imaginary names and then overdrawing them.
One positive thing I can say about Kevin Douglas Demer is that despite doing all he could to lock me up for as long as possible, at least he was kind enough not to use private domain name registration as my stalker suggested he should (uploaded document). Maybe he just figured that anyone could lookup the old registration information anyway, so why bother, but that would have cost me $49, so thanks Kev. Although maybe he is trying to make me feel like a punk by getting me a $1,000,000 bail as a danger to the community that is not even dangerous enough to be worth removing his address over. It could be like he is saying "here I am, what are going to do about it." Well, he has got me there, I've been out for over 7 months and have done nothing, so I guess I'm not that dangerous after all. Also, this is publicy available information and it is Demer's position that anyone has a legal right to publish publicly available information, so lets see how he likes it.
The domain name registration info (linked to above) is for idtheftlawyer.us and like all other domains of his that I am aware of he uses it for nothing. Maybe he is one of those domain squatter resellers, you know, people like HugeDomains.com that buy domains that they think someone might want someday before selling them for a huge markup. That must be it because if he ever launches an identity theft website it should be called frivolousidtheftlawyer.com.