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Former Pacifica Executive Director&Board Chair,Sues Pacifica With Support Of Lawyer Phelps
Former Pacifica National Board chair and interim Executive Director is now suing the Pacifica Foundation and Dan Siegel with help from former KFPA Board Chair Richard Phelps. Phelps is now aligned with those who have removed activist programmers from LA and want an NPR type operation.
Former Pacifica Executive Director & Board Chair, Sues Pacifica With Support Of Lawyer Phelps-Former Chair Of KPFA Board
by repost Wednesday, Sep. 01, 2010 at 2:18 PM
Grace Aaron, who rose to Pacifica "fame" with the Committee to Strengthen KPFK," is suing the Foundation
Yeah, really.
You remember Grace Aaron? She was the Scientology-leaning chair of the KPFK Local Station Board when South African General Manager Eva Georgia gave up on KPFK. Aaron was the head of the Committee To Strengthen KPFK, the slate of LSB candidates that made it impossible to get elected without a costly mailer to voters. Riding on the back of Georgia’s departure, Aaron became chair of the Pacifica National Board and interim Executive Director for the entire year of 2009, since the PNB couldn’t or wouldn't get it together to find a replacement for her.
She promised her allies she would give Pacifica a one-woman make-over when she couldn’t get her choice of consultant hired for the job. Aaron keeps her promises. During her tenure, every manager of color in Pacifica save one disappeared from their position, including KPFK’s program director Armando Gudiño. When Grace was finished, also among the missing at KPFK were news director Fernando Velasquez, popular "Beneath the Surface" host Jerry Quickley, and KPFK’s local news.
That was the promised make-over. The woman had wormed her way into a paying position, held the two most powerful titles in Pacifica, and remade Pacifica. Cutting edge and local news and public affairs were pushed to the sidelines, and liberal talking heads interspersed with self-help premiums took their place at the center of KPFK's programming. By all accounts, listenership fell off precipitously. In September 2008, Pacifica’s net worth was $7.2M; in December 2009, it was $4.1M.
Today, Grace’s husband Ken has taken her seat, while Grace remains on the Committee To Strengthen KPFK. What is she doing since she left Pacifica governance? Grace is suing Pacifica.
We're not kidding. Grace Aaron has named Pacifica as a defendant in a convoluted lawsuit, along with Pacifica’s prior legal counsel and interim Executive Director, Dan Siegel. Grace’s co-plaintiffs include a KPFA member, Daniel Borgstrom, and corporation interim CFO LaVarn Williams, whose interim position may be more secure while the lawsuit is pending.
Aaron, LaVarn, and Borgstrom are claiming that Siegel damaged them when he referred to “ethnic cleansing” under Pacifica’s unnamed new leadership in his 2009 election statement. In other words, Aaron and her crowd want to sue Siegel for speaking during a Pacifica election.
If you read Borgstrom, Williams, and Aaron's suit (case no. RG10524638), you’ll see that Aaron et al. promise to transfer any monetary awards from Siegel to Pacifica. Yup. She’s suing Pacifica with her promise to give Pacifica any money she wins.
This isn’t the first time Aaron has sued Pacifica. In 2007, under her leadership the CTSK went to court to demand a new election because Pacifica didn’t send those mailers out on the timeline they wanted. They settled for a recount when it turned out their top vote-getter hadn’t been a member of KPFK for a decade. Even in the litigious environment that is Pacifica, it’s difficult not to call Aaron’s slate the Committee to Sue KPFK. They’re already raising the possibility of a 2010 election lawsuit at nearly every Local Station Board meeting.
Aaron is back in court believing that some judge is, effectively, going to award a defendant money if the plaintiff prevails. And she and her co-plaintiffs are shopping for the right judge to do it: her attorney, Richard Phelps, has already had one thrown out. Aaron and the other plaintiffs are betting that the judge won’t include Pacifica in any damages (and are the plaintiffs going to give that back to Pacifica, too?). Will Pacifica recoup its legal costs, too? The lawsuit doesn’t mention who’s picking up Phelps' legal fees. And Aaron’s somehow imagined that Siegel, who was in Pacifica’s employ at the time of the alleged harm, won’t turn a loss around and sue Pacifica.
For those that have followed Pacifica's recent history, it's become apparent that our donations are funding a string of disgruntled employees and flawed elections. Daniel Borgstrom, LaVarn Williams, and Grace Aaron have become part of that discouraging tradition.
http://www.takebackkpfk.org
by repost Wednesday, Sep. 01, 2010 at 2:18 PM
Grace Aaron, who rose to Pacifica "fame" with the Committee to Strengthen KPFK," is suing the Foundation
Yeah, really.
You remember Grace Aaron? She was the Scientology-leaning chair of the KPFK Local Station Board when South African General Manager Eva Georgia gave up on KPFK. Aaron was the head of the Committee To Strengthen KPFK, the slate of LSB candidates that made it impossible to get elected without a costly mailer to voters. Riding on the back of Georgia’s departure, Aaron became chair of the Pacifica National Board and interim Executive Director for the entire year of 2009, since the PNB couldn’t or wouldn't get it together to find a replacement for her.
She promised her allies she would give Pacifica a one-woman make-over when she couldn’t get her choice of consultant hired for the job. Aaron keeps her promises. During her tenure, every manager of color in Pacifica save one disappeared from their position, including KPFK’s program director Armando Gudiño. When Grace was finished, also among the missing at KPFK were news director Fernando Velasquez, popular "Beneath the Surface" host Jerry Quickley, and KPFK’s local news.
That was the promised make-over. The woman had wormed her way into a paying position, held the two most powerful titles in Pacifica, and remade Pacifica. Cutting edge and local news and public affairs were pushed to the sidelines, and liberal talking heads interspersed with self-help premiums took their place at the center of KPFK's programming. By all accounts, listenership fell off precipitously. In September 2008, Pacifica’s net worth was $7.2M; in December 2009, it was $4.1M.
Today, Grace’s husband Ken has taken her seat, while Grace remains on the Committee To Strengthen KPFK. What is she doing since she left Pacifica governance? Grace is suing Pacifica.
We're not kidding. Grace Aaron has named Pacifica as a defendant in a convoluted lawsuit, along with Pacifica’s prior legal counsel and interim Executive Director, Dan Siegel. Grace’s co-plaintiffs include a KPFA member, Daniel Borgstrom, and corporation interim CFO LaVarn Williams, whose interim position may be more secure while the lawsuit is pending.
Aaron, LaVarn, and Borgstrom are claiming that Siegel damaged them when he referred to “ethnic cleansing” under Pacifica’s unnamed new leadership in his 2009 election statement. In other words, Aaron and her crowd want to sue Siegel for speaking during a Pacifica election.
If you read Borgstrom, Williams, and Aaron's suit (case no. RG10524638), you’ll see that Aaron et al. promise to transfer any monetary awards from Siegel to Pacifica. Yup. She’s suing Pacifica with her promise to give Pacifica any money she wins.
This isn’t the first time Aaron has sued Pacifica. In 2007, under her leadership the CTSK went to court to demand a new election because Pacifica didn’t send those mailers out on the timeline they wanted. They settled for a recount when it turned out their top vote-getter hadn’t been a member of KPFK for a decade. Even in the litigious environment that is Pacifica, it’s difficult not to call Aaron’s slate the Committee to Sue KPFK. They’re already raising the possibility of a 2010 election lawsuit at nearly every Local Station Board meeting.
Aaron is back in court believing that some judge is, effectively, going to award a defendant money if the plaintiff prevails. And she and her co-plaintiffs are shopping for the right judge to do it: her attorney, Richard Phelps, has already had one thrown out. Aaron and the other plaintiffs are betting that the judge won’t include Pacifica in any damages (and are the plaintiffs going to give that back to Pacifica, too?). Will Pacifica recoup its legal costs, too? The lawsuit doesn’t mention who’s picking up Phelps' legal fees. And Aaron’s somehow imagined that Siegel, who was in Pacifica’s employ at the time of the alleged harm, won’t turn a loss around and sue Pacifica.
For those that have followed Pacifica's recent history, it's become apparent that our donations are funding a string of disgruntled employees and flawed elections. Daniel Borgstrom, LaVarn Williams, and Grace Aaron have become part of that discouraging tradition.
http://www.takebackkpfk.org
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I don't have time to read this all now. I read bits and pieces enough to see that if the sample is an indication, it's probably rife with disinformation.
For example, no one threw out one case already. The attorney withdrew it himself -- "dismissed without prejudiced" is the term when that happens and reorganized with additional evidence.
I'm not sure whether this particular piece says or iimplies that Phelps et all are costing Pacifica money. NOT. Pacifica must be named as a technicality -- Phelps' suit makes clear that no money is to be charged to Pacifica. Siegel is the one being sued.
For example, no one threw out one case already. The attorney withdrew it himself -- "dismissed without prejudiced" is the term when that happens and reorganized with additional evidence.
I'm not sure whether this particular piece says or iimplies that Phelps et all are costing Pacifica money. NOT. Pacifica must be named as a technicality -- Phelps' suit makes clear that no money is to be charged to Pacifica. Siegel is the one being sued.
GRACE AARON IS NOT SUING PACIFICA, MISINFORMATION OR LIES? ITS NOT TRUE
by Richard Phelps, former Chair KPFA LSB
Grace Aaron, La Varn Williams and Daniel Borgstrom are NOT suing Pacifica!
The anonymous author suggests you read the law suit. Please do read it. If you do you will find in Paragraph 3 that Pacifica is being named since that is a procedural requirement of a Shareholders Derivative Suit.
In such a suit a shareholder, member, sues someone that has harmed the corporation in the name of the corporation, when for some reason the corporation declines to do so. The damages awarded in Shareholders a suit go to the corporation, Pacifica. It is long established law.
All one has to do is go to the end of the Complaint and you will see the Prayer. The Prayer is the part of the complaint where the plaintiffs ask the court for the damages they seek. This also serves the purpose of giving the defendants notice as to what damages are being sought from them. And it would make clear that no one is suing Pacifica if the anonymous author actually read the Complaint completely! If they care for the truth?
When you read the prayer you will see that NONE of the Plaintiffs are asking for any damages FROM Pacific. Part of the prayer asks for damages FOR Pacifica. Given what is stated in the Prayer NO judge would award damages from Pacifica to anyone in this case since NO ONE is asking for damages FROM Pacifica.
SO MUCH FOR THE LIE THAT PACIFICA IS BEING SUED!
Daniel Borgstrom is suing FOR Pacifica, as a shareholder, not as an individual. You will not find in the suit any mention of him claiming to have been personally defamed by the defendant.
Grace Aaron and La Varn Williams are NOT part of the Shareholders cause of action.
They are suing Daniel Siegel for defamation in their individual capacity. The plaintiffs cases were combined in one suit since the court would have consolidated them if filed separately.
So much misinformation and/or lies. No wonder it was posted anonymously!
Daniel Siegel WAS NOT employed by Pacifica at the time he published the Defamation. He resigned as Foundation counsel six (6) months earlier. He may have still been attorney of record on some law suit that I am not aware of, and that would NOT require Pacifica to do anything or provide a defense since what he did had no connection to his representation if there still was any at that time.
My fee arrangement with my client's is confidential. However, I will tell you that I will not be sending any legal bills to Pacifica. I have given hundreds of hours of free legal advice to Pacifica staff , PNB members and LSB members in the last several years and I have never asked for any money.
One free brief I wrote for Pacifica had to do with Siegel's representation of both Pacifica and Eva Georgia when she was sued for sexual harassment and retaliation. I guess the previous author forgot to mention that suit and how much it cost Pacifica.
Siegel representing both was a serious conflict of interest which I advised PNB members and since Siegel's supporters were running the PNB then, my advice was ignored. I remember discussing the matter with Dave Adelson, who, I think he was Chair of the PNB at the time. He said why should I believe you since I have known Dan much longer. My response was "read the law that I have cited, it is very clear" and then I pointed out that you don't ask the attorney with the conflict if it is a conflict, that is like asking the fox if the hen house is safe with a hole in the fence. I later learned that when the Pacifica insurance company got involved with the case they also advised that Siegel had a conflict and had to get out of the case.
So if any of you folks that read these articles know who wrote the first one claiming my clients are suing Pacifica, you now know to seriously question anything they say in the future or in other parts of their article I am responding to!
Here are the parts of the Complaint referred above.
Here you have Paragraph 3 and the Prayer from the Complaint.
3. Defendant PACIFICA FOUNDATION, hereinafter referred to as "PACIFICA", is, and at
all times mentioned herein was, a non-profit corporation duly organized and existing under the
laws of the State of California and has its principle place of business in Alameda County,
California. PACIFICA has five radio stations, KPFA in Berkeley, KPFK in Los Angeles, KPFT in
Houston, WBAI in New York and WPFW in Washington D.C. PACIFICA is only a defendant
due to procedural requirements for notice. Damages in the Shareholders cause of action from the
other defendants will go to PACIFICA.
-------------------------------------------------
WHEREFORE, plaintiffs pray judgment against SIEGEL and CL as follows:
1. Damages according to proof for the decrease in donations to PACIFICA caused by SIEGEL's and CL's defamatory publications;
2. Damages for each plaintiff and PACIFICA as allowed by law for defamation per se;
3. Damages for each plaintiff and PACIFICA for the harm to their reputation;
4. General damages for plaintiffs WILLIAMS and AARON;
5. Punitive damages for each plaintiff and PACIFICA in an amount appropriate to discourage such defamatory conduct;
6. For costs of suit; and
7. For such other and further relief as the court may deem proper
---------------------------------------
I often wonder why people that are straight out liars would care about the Pacifica Mission? Conclusion, they don't! So what is their motive for being involved with Pacifica? It can't be an honest one. Which correlates with an anonymous post.
P.S. I wouldn't vote for anyone associated with that post or the people behind it or any web site that posts it as if it were the truth.
Richard Phelps, attorney for Grace Aaron, Daniel Borgstrom and La Varn Williams.
by Richard Phelps, former Chair KPFA LSB
Grace Aaron, La Varn Williams and Daniel Borgstrom are NOT suing Pacifica!
The anonymous author suggests you read the law suit. Please do read it. If you do you will find in Paragraph 3 that Pacifica is being named since that is a procedural requirement of a Shareholders Derivative Suit.
In such a suit a shareholder, member, sues someone that has harmed the corporation in the name of the corporation, when for some reason the corporation declines to do so. The damages awarded in Shareholders a suit go to the corporation, Pacifica. It is long established law.
All one has to do is go to the end of the Complaint and you will see the Prayer. The Prayer is the part of the complaint where the plaintiffs ask the court for the damages they seek. This also serves the purpose of giving the defendants notice as to what damages are being sought from them. And it would make clear that no one is suing Pacifica if the anonymous author actually read the Complaint completely! If they care for the truth?
When you read the prayer you will see that NONE of the Plaintiffs are asking for any damages FROM Pacific. Part of the prayer asks for damages FOR Pacifica. Given what is stated in the Prayer NO judge would award damages from Pacifica to anyone in this case since NO ONE is asking for damages FROM Pacifica.
SO MUCH FOR THE LIE THAT PACIFICA IS BEING SUED!
Daniel Borgstrom is suing FOR Pacifica, as a shareholder, not as an individual. You will not find in the suit any mention of him claiming to have been personally defamed by the defendant.
Grace Aaron and La Varn Williams are NOT part of the Shareholders cause of action.
They are suing Daniel Siegel for defamation in their individual capacity. The plaintiffs cases were combined in one suit since the court would have consolidated them if filed separately.
So much misinformation and/or lies. No wonder it was posted anonymously!
Daniel Siegel WAS NOT employed by Pacifica at the time he published the Defamation. He resigned as Foundation counsel six (6) months earlier. He may have still been attorney of record on some law suit that I am not aware of, and that would NOT require Pacifica to do anything or provide a defense since what he did had no connection to his representation if there still was any at that time.
My fee arrangement with my client's is confidential. However, I will tell you that I will not be sending any legal bills to Pacifica. I have given hundreds of hours of free legal advice to Pacifica staff , PNB members and LSB members in the last several years and I have never asked for any money.
One free brief I wrote for Pacifica had to do with Siegel's representation of both Pacifica and Eva Georgia when she was sued for sexual harassment and retaliation. I guess the previous author forgot to mention that suit and how much it cost Pacifica.
Siegel representing both was a serious conflict of interest which I advised PNB members and since Siegel's supporters were running the PNB then, my advice was ignored. I remember discussing the matter with Dave Adelson, who, I think he was Chair of the PNB at the time. He said why should I believe you since I have known Dan much longer. My response was "read the law that I have cited, it is very clear" and then I pointed out that you don't ask the attorney with the conflict if it is a conflict, that is like asking the fox if the hen house is safe with a hole in the fence. I later learned that when the Pacifica insurance company got involved with the case they also advised that Siegel had a conflict and had to get out of the case.
So if any of you folks that read these articles know who wrote the first one claiming my clients are suing Pacifica, you now know to seriously question anything they say in the future or in other parts of their article I am responding to!
Here are the parts of the Complaint referred above.
Here you have Paragraph 3 and the Prayer from the Complaint.
3. Defendant PACIFICA FOUNDATION, hereinafter referred to as "PACIFICA", is, and at
all times mentioned herein was, a non-profit corporation duly organized and existing under the
laws of the State of California and has its principle place of business in Alameda County,
California. PACIFICA has five radio stations, KPFA in Berkeley, KPFK in Los Angeles, KPFT in
Houston, WBAI in New York and WPFW in Washington D.C. PACIFICA is only a defendant
due to procedural requirements for notice. Damages in the Shareholders cause of action from the
other defendants will go to PACIFICA.
-------------------------------------------------
WHEREFORE, plaintiffs pray judgment against SIEGEL and CL as follows:
1. Damages according to proof for the decrease in donations to PACIFICA caused by SIEGEL's and CL's defamatory publications;
2. Damages for each plaintiff and PACIFICA as allowed by law for defamation per se;
3. Damages for each plaintiff and PACIFICA for the harm to their reputation;
4. General damages for plaintiffs WILLIAMS and AARON;
5. Punitive damages for each plaintiff and PACIFICA in an amount appropriate to discourage such defamatory conduct;
6. For costs of suit; and
7. For such other and further relief as the court may deem proper
---------------------------------------
I often wonder why people that are straight out liars would care about the Pacifica Mission? Conclusion, they don't! So what is their motive for being involved with Pacifica? It can't be an honest one. Which correlates with an anonymous post.
P.S. I wouldn't vote for anyone associated with that post or the people behind it or any web site that posts it as if it were the truth.
Richard Phelps, attorney for Grace Aaron, Daniel Borgstrom and La Varn Williams.
"Phelps is now aligned with those who have removed activist programmers from LA and want an NPR type operation."
As usual anonymous posters talk BS with out ever giving a factual basis for what they print. This smear is so far from wrong. I have never wanted an NPR type operation. I guess whoever wrote this has never read the things I write. None of the above fiction could possibly be deduced from my representing three people in this defamation suit.
The style of the statement reminds me of Steve Zeltzer and the kind of stuff he has done before. Steve loves to make assumptions that fit his political attack schemes. And he has been making this type of statement about others for over a year.
And if it is Steve who is re-posting this JUC/CL pack of lies about the law suit shame on you! So Steve if it isn't you why don't you post a disclaimer saying that you don't support such lies. And if you don't understand the legal issues talk to your dad or sister. Both competent lawyers and nice people.
I stand for a listener involved democratically organized radio station. I want a broad spectrum of programs that will educate and activate people to get involved in changing our society away for the total corporate control we are being surrounded by more and more each day. The emphasis should be on alternative views on all issues, public affairs and culture, and not just a repetition of the corporate news and views which so often happens on KPFA. Straight off the corporate wire service or straight out of mouths of democratic party spinners. And I don't really have a problem with the latter if the other views would get equal time. Peace and Freedom Party, Green Party and independent thinkers.
As usual anonymous posters talk BS with out ever giving a factual basis for what they print. This smear is so far from wrong. I have never wanted an NPR type operation. I guess whoever wrote this has never read the things I write. None of the above fiction could possibly be deduced from my representing three people in this defamation suit.
The style of the statement reminds me of Steve Zeltzer and the kind of stuff he has done before. Steve loves to make assumptions that fit his political attack schemes. And he has been making this type of statement about others for over a year.
And if it is Steve who is re-posting this JUC/CL pack of lies about the law suit shame on you! So Steve if it isn't you why don't you post a disclaimer saying that you don't support such lies. And if you don't understand the legal issues talk to your dad or sister. Both competent lawyers and nice people.
I stand for a listener involved democratically organized radio station. I want a broad spectrum of programs that will educate and activate people to get involved in changing our society away for the total corporate control we are being surrounded by more and more each day. The emphasis should be on alternative views on all issues, public affairs and culture, and not just a repetition of the corporate news and views which so often happens on KPFA. Straight off the corporate wire service or straight out of mouths of democratic party spinners. And I don't really have a problem with the latter if the other views would get equal time. Peace and Freedom Party, Green Party and independent thinkers.
In Richard Phelp's post: "My fee arrangement with my client's is confidential", and many more. Just sayin'....
"In Richard Phelp's post:"
Having exposed their lies about Grace Aaron, La Varn Williams and Daniel Borgstrom suing Pacifica, they had to come back with something. They couldn't let the exposure of their lies be the last word. Notice how the grammar expert gets my name wrong! It should be Phelps'.
It is really sad that political debates about Pacifica often start with or involve some lies and end with some collateral personal attack when the liars can't handle their exposure as liars. They can't handle the truth. And to me Pacifica is all about the search for truth. Since the corporate/pentagon media always wants to hide the truth from us and spoon feed us their lies and distortions. Seems like the JUC and CL often practice the same way as the corporate/pentagon media.
And unfortunately some on the listener side have started playing the same games in the last couple of elections.
Having exposed their lies about Grace Aaron, La Varn Williams and Daniel Borgstrom suing Pacifica, they had to come back with something. They couldn't let the exposure of their lies be the last word. Notice how the grammar expert gets my name wrong! It should be Phelps'.
It is really sad that political debates about Pacifica often start with or involve some lies and end with some collateral personal attack when the liars can't handle their exposure as liars. They can't handle the truth. And to me Pacifica is all about the search for truth. Since the corporate/pentagon media always wants to hide the truth from us and spoon feed us their lies and distortions. Seems like the JUC and CL often practice the same way as the corporate/pentagon media.
And unfortunately some on the listener side have started playing the same games in the last couple of elections.
There ought to be a special place for lawyers who spend a lot of time personally suing others or threatening to so. From I've heard, that is Richard Phelps' true area of legal specialization.
When not suing people involved with Pacifica radio, he is busy telling people he was once the chair of the KPFA board and is no longer involved and doesn't care. So the evidence is to the contrary? Who cares if you have a television course law degree?
So, Richard, exactly what did you accomplish in your short term as KPFA's board chair? Don't worry, you don't have to offer up any proof. Just brag away and enjoy your 'disengagement.'
When not suing people involved with Pacifica radio, he is busy telling people he was once the chair of the KPFA board and is no longer involved and doesn't care. So the evidence is to the contrary? Who cares if you have a television course law degree?
So, Richard, exactly what did you accomplish in your short term as KPFA's board chair? Don't worry, you don't have to offer up any proof. Just brag away and enjoy your 'disengagement.'
For the record my law practice is representing people that have been hurt by others, personal injury, malicious prosecution, defamation, insurance bad faith, etc. About half my time I am mediating others cases and sometimes being an arbitrator. I also defend friends and colleagues that get sued. I also do volunteer mediation for both Alameda and Contra Costa Superior courts, 2-3 cases a month. for many years.
I think Mr. Phelps is wrong in thinking that Stephen Zeltzer wrote the post . Zeltzer has no love for Dan Siegel . He probably remembers that while deputy City Attorney for San Francisco in the 1990's Siegel defended the Fire and Police dept. tops in numerous Sex and Race discrimination lawsuits . He even backed the City in Police brutality cases . Since he has never apologized for this despicable work why is he even a player at Pacifica or any other progressive arena ?
Repost is probably Mark Hernandez of Fresno
Repost is probably Mark Hernandez of Fresno
"Phelps is now aligned with those who have removed activist programmers from LA and want an NPR type operation."
This is not the type of attack the CL folks have made in the past or are likely to make, they like NPR style, but it is typical of the Steve Zeltzer style and content. Notice Steve has not disavowed it and what it says.
And Zack, I know who you are.
This is not the type of attack the CL folks have made in the past or are likely to make, they like NPR style, but it is typical of the Steve Zeltzer style and content. Notice Steve has not disavowed it and what it says.
And Zack, I know who you are.
Clarification, in case Zack or others were confused.
The main body came out of LA JUC/CL allies. The intro that I quoted was what seemed like Zeltzer's style.
The main body came out of LA JUC/CL allies. The intro that I quoted was what seemed like Zeltzer's style.
I nominate Leslie Radford as the author.
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