DESCRIBE YOUR COMPLAINT IN DETAIL. Use the back of this page or attach other pages for more space.
Jeffrey Dale Ridner, Esq. was retained by our landlords Chris and Karl Chmelar who live in the Netherlands, E.U. By certified letter Mr. Ridner attempted to intimidate my wife and me with the threat of eviction if we did not turn a blind eye to a possible federal immigration crime and associated conspiracy involving him, his clients, their relatives and the roofing company (a copy of his certified letter dated August 24, 2007 is attached herewith as Exhibit A), to wit:
That 6 - 8 men of Central American descent arrived at our (leased) home at approximately 2 PM Wednesday afternoon (August 22, 2007) and commenced stripping the slate off the roof with the intention of re-shingling the house. None of the workers could speak English and there was no supervisor present with whom I could communicate.
That because of the clear and present danger posed by illegal immigrants to our national sovereignty and security, I was suspicious of these workers and immediately began soliciting help to determine their immigration status by contacting: 1) the Grundy County Sheriff’s Department, 2) U. S. Congressman Lincoln Davis’ Washington office, 3) the Department of Immigration’s Immigration & Custom Enforcement task force (ICE) and finally the roofing company that sent the questionable workers (Porter Roofing of McMinnville, Tennessee).
That the Sheriff’s Department was at a loss of what to do regarding the matter although they sent a Deputy the following morning who agreed with my concern about possible undocumented workers continuing the roofing job (see Exhibit B).
That Congressman Davis’ Washington assistant asked me to memorialize the facts and fax them to Washington and to Mr. Davis’ Rockwood, Tennessee office where his Immigration Specialist was assigned (Beth Hickman, phone: 865-354-3323). I complied with this request and received an email from Ms. Hickman Monday morning (August 27, 2007) stating that ICE had logged the possible crime which would trigger an investigation.
I had already contacted ICE on Wednesday (August 22, 2007) and related the facts to them.
That while the workers were still on the roof Wednesday afternoon (August 22, 2007) I called Porter Roofing in McMinnville and asked them to either provide proof of legal status for these men or in the alternative to put “Tennessee boys” on the roof. I was told by “Miguel,” an individual with a very thick Hispanic accent, “this is none of your business” and in effect, “go fly a kite.” Shortly thereafter Mrs. Chmelar’s sister Julia Ray (of LaFayette, GA) also told me over the telephone (screaming) that the matter was “none of my business.”
That in a letter sent by certified mail on Monday (August 27, 2007) Mr. Ridner laid out erroneous facts relating to the events that had transpired the preceding Wednesday (August 22, 2007) including the false accusation that I had ordered the workers off the roof and that I had forbidden them from returning to complete the job (Exhibit A). I addressed these misrepresentations in my return certified letter to him attached as Exhibit B.
That in his letter Mr. Ridner - by implication - threatened my wife and me with eviction if we did not ignore the possible illegal status of the workers and allow them to continue roofing. In effect his demands were designed to bully us into ignoring the possible violations of federal immigration law including a conspiracy between him, his clients, their relatives and the roofing company.
That I was in no way responsible for any work stoppage. I merely requested that Porter Roofing obey federal immigration law or use local workers.
That Mr. Ridner knew or had a duty to know that a potential crime - including a conspiracy - was being committed by Porter Roofing and his clients yet he chose to intimidate my wife and me by threat of eviction if we did not ignore the potential federal crimes being perpetrated.
That Mr. Ridner’s oath as a lawyer includes reporting crimes and not encouraging that state and federal laws be broken.
That my wife and I feared retaliation from Mr. Ridner and it arrived by certified mail Friday, August 31, 2007 (Exhibit C). We have leased this property at 448 Wonder Cave Road; Pelham, Tennessee for 25 months. Our lease payment has never been late and we have had no complaints from the Chmelars until this incident which triggered the lease termination by Mr Ridner. It is intuitively obvious to the casual observer that Mr. Ridner’s termination of our lease was to punish my wife and me for reporting a possible crime.
Mr. Ridner’s actions have been unscrupulous and designed to bully while ignoring a serious violation of federal immigration law at a defining moment in our nation’s history. His conduct has been at least unethical and certainly not in keeping with the high standards demanded by his oath before the bar.
I request that this matter be investigated and if my recitation of the foregoing facts prove to be true, that Mr. Ridner be severely reprimanded and/or suspended if not disbarred.
I declare under penalty of perjury that the information given in this complaint is true to the best of my knowledge, understanding and belief. I am aware the the lawyer may be notified of my complaint.
DATE: September 1, 2007
cc: Jeffrey D. Ridner, Esq.
***************
August 26, 2007
Jeffrey D.Ridner
Haynes, Hull, Rieder, Ewell & Ridner, P.A.
214 NE Atlantic Street
Tullahoma, Tennessee 37388
Re: Tenancy at property on 448 Wonder Cave Road, Pelham, Tennessee and the possible commission of federal immigration crimes including a conspiracy.
and my DECLARATION under penalty of perjury
Dear Mr Ridner,
This is my response by way of DECLARATION under penalty of perjury to your letter dated August 24, 2007 to clarify the facts in this matter (this letter & enclosures will be faxed and mailed to all parties by USPS certified mail).
I will address the erroneous points in your letter, to wit:
“It is my understanding that when the contractor arrived at the property, Mr. Mauldin voiced an objection to the presence of certain workers unless identification was provided to him”
FACT: The 6-8 workers arrived at our house by storming over the front fence rather than walking through the open gate. No one could speak English and the promise of a “supervisor” to oversee the initial work to insure that care was given to the newly installed gutters was not kept (I had cordially discussed the re-roofing at length with Mr. Dennis Ray, the Chmelar’s brother-in-law, and was aggressively looking out for the Chmelar’s interests by telephoning Mr. Ray on more than one occasion alerting him to problems with the delivery of the roofing material, etc.)
FACT: The above mentioned workers appeared to be of Central American decent and my wife who is from San Antonio, Texas and has 50+ years experience with Mexicans voiced her concern regarding their rough appearance especially since no supervisor was present to act as a go-between. Furthermore, one of the workers took my shovel up on the the roof without my permission and used it the rest of the day shoveling slate into their trailer.
FACT: I said nothing (made no “objection”) to these workers - if for no other reason than I don’t speak Spanish. The workers did not arrive until approximately 2 PM Wednesday afternoon August 22nd and worked until the end of their self-determined workday. They left on their own motion. At no time did I order them off the property.
FACT: On Wednesday afternoon August 22nd while the workers were on the roof, I contacted the Grundy County Sheriff's office and reported the possibility of illegal aliens on the property and the possible commission of a federal immigration crime including a conspiracy.
FACT: On Wednesday afternoon August 22nd while the workers were on the roof, I contacted the U.S. Department of Immigration and their Immigration & Customs Enforcement (ICE) office to report possible undocumented workers on the property and the possible commission of a federal immigration crime including a conspiracy.
FACT: On Wednesday afternoon August 22nd while the workers were on the roof, I contacted my U.S. Congressman Lincoln Davis’ office in Washington to report this possible crime and to enlist his assistance. His office agreed to help and asked me to memorialize the facts and to fax the letter to them which I did. My letter to Congressman Davis requested an investigation of Porter Roofing, the contrator in question, and if an immigration crime was discovered that the parties who were responsible be prosecuted including anyone aiding and abetting the possible crime and/or any co-conspirators (as you know, a conspiracy is simply the agreement to commit an illegal act followed by one overt act in the furtherance of the agreed upon crime).
Mr. Mauldin voiced an objection to the presence of certain workers unless identification was
provided him.
FACT: On Wednesday afternoon August 22nd while the workers were on the roof, I contacted Porter Roofing (McMinnville, Tennessee) by telephone. A worker with a thick Spanish accent at their office returned my call. His name was “Miguel.” I told him that Thursday (August 23rd) I wanted to be shown proof that their workers had legal immigration status (not “identification” as you suggested) or in the alternative to put “Tennessee boys” on the roof. He told me it was none of my business and to effectively “go fly a kite.” I was also screamed at over the telephone by Mrs. Chmelar’s sister Julia Ray who also told me “it was none of my business.”
“As a result of the objection, the contractors left the property.”
FACT: See above... and
FACT: At no time did I order the workers off the roof nor did I forbid them from returning. I did ask Porter Roofing to comply with federal immigration laws or to use local workers.
FACT: Thursday morning August 23rd Grundy County Sherriff’s deputy Wiley drove into our driveway. I went out to greet him thinking it was in response to my call the previous day. He stated he was there on behalf of the Chmelar’s to say it was okay for the workers to continue re-roofing. I related the facts to him. He stated that he agreed with me, got in his cruiser and drove off.
“In accordance with the Default provision of the Annual Rental Agreement, letter is a demand by the Chmelars that the two of you allow the contractors to do the work.”
FACT: I have not and do not intend to physically or verbally prevent the work from continuing .
FACT: As a former Commander in the U.S. Navy who repeatedly swore to defend the Constitution against all enemies foreign and domestic, I have witnessed a potential federal crime and I fully intend to pursue its possible prosecution including all involved parties. To quote Edmond Burke, “all it takes for evil to triumph is for good men to do nothing.” I love my country and I have a solemn duty to report the commission of a potential crime.
If within three (3) days of your receipt of this correspondence the default is not cured, then Mr. and Mrs. Chmelar will have no alternative than to explore additional remedies available to them under the agreement.
FACT: I can only construe this statement to be the threat of eviction because you are suggesting that I turn my back on the commission of a possible federal crime and associated conspiracy.
I suspect that like my oath as a Naval officer your oath as an attorney requires you to report possible crimes known to you. I have identified a possible crime that you may want to look into so the Tennessee Bar Association and the United States Attorney will be satisfied with your due diligence in this matter.
I join you in “hoping” that it will not be necessary to explore additional remedies and that no additional measures will be necessary.
I look forward to hearing from you within the three (3) days you laid down to resolve this matter as we may get the rain we so badly need and part of the subject roof only has tar paper on it.
For the soverignty of the United States of America and for the prosecution of federal immigration crimes & conspiracies... under penalty of perjury I declare that the foregoing statements are true and correct to the best of my knowledge, understanding and belief,
Davis Mauldin
cc: Congressman Lincoln Davis (with copy of your letter dated 8/24/2007)
Tennessee Bar Association (with copy of your letter dated 8/24/2007)
Immigration & Customs Enforcement (ICE) (with copy of your letter dated 8/24/2007)
United States Attorney, Nashville, Tennessee (with copy of your letter dated 8/24/2007)
Senator Bob Corker (with copy of your letter dated 8/24/2007)
Senator Lamar Alexander (with copy of your letter dated 8/24/2007)