SCOTT M. HUBER
A & A ELECTRONICS AND TELEVISION
(630) 527-0985
JANUARY 9, 1998
4:30 PM


VICE PRESIDENT FOR ACADEMIC AFFAIRS
DEAN OF FACULTIES
R. DEVADOSS PANDIAN
NORTH CENTRAL COLLEGE
NAPERVILLE, ILLINOIS

AND

MARY CLAIRE USELDING
DIRECTOR OF PUBLIC INFORMATION
NORTH CENTRAL COLLEGE
NAPERVILLE, ILLINOIS

TO WHOM IT MAY CONCERN:

I WILL ATTEMPT TO KEEP THIS AS CONCISE AS POSSIBLE AND CUT TO THE CHASE:

RE: INCIDENT THAT OCCURRED WITH MRS. CAROL MURDOCH, REFERENCE LIBRARIAN IN THE OESTERLE LIBRARY ON OR ABOUT 7 TO 8 PM THURSDAY EVENING JANUARY 8, 1998.

>> ALLEGATIONS:

A) THAT I WOULD NOT REFRAIN FROM USING MY PERSONAL SOFTWARE ON THEIR CD-ROM COMPUTER,

B) THAT I WAS DISTURBING THE NORMAL FUNCTIONING OF THE LIBRARY,

C) THAT I WAS RAISING MY VOICE AND,

D) THAT I WOULD NOT LEAVE THE OESTERLE LIBRARY.

>> HISTORY:

I AM A RESIDENT OF NAPERVILLE SINCE 1989 AND HAVE LIVED IN THE TRI-COUNTY AREA FOR APPROXIMATELY 44 YEARS. I AM A BUSINESSMAN IN THE TRI-COUNTY AREA FOR OVER THE LAST 26 YEARS. I AM AN ELECTRONICS TECHNICIAN PROFESSIONALLY FOR OVER 20 YEARS AND AM THE OWNER AND MANAGER OF AN ELECTRONIC AND COMPUTER SERVICE COMPANY, A & A ELECTRONICS, ESTABLISHED IN THE TRI-COUNTY AREA IN 1974. I HAVE BEEN AFFILIATED WITH SAME COMPANY FOR APPROXIMATELY 15 YEARS. I HAVE BEEN USING THE OESTERLE LIBRARY SPORADICALLY SINCE 1985 ESPECIALLY FOR LEGAL RESEARCH PURPOSES.

>> FACTS OF ISSUE:

1) I CAME INTO THE OESTERLE LIBRARY ON OR ABOUT APPROXIMATELY 6:15 PM ON JANUARY 8, 1998.

2) UPON ENTRY I PRECEDED TO THE LAW LIBRARY AREA TO FOLLOW THRU WITH SOME RESEARCH I HAD BEEN DOING AND PRIOR INITIATED AT ANOTHER LIBRARY.

3) ON OR ABOUT 7:00 PM I FINISHED UP THE RESEARCH WORK THAT I INTENDED TO PERFORM ON MY PROJECT FOR THE EVENING AND I THEN MOVED MY LIBRARY ACTIVITIES OVER TO THE CD-ROM COMPUTERS IN THE SOUTHWEST AREA OF THE MAIN FLOOR MAIN LIBRARY AREA.

4) I SAT DOWN AT AN APPROPRIATE COMPUTER AND OPENED A BAG OF NEWLY PURCHASED CD-ROM SOFTWARE THAT I WANTED TO CURSORILY EVALUATE.

5) AS I REMOVED A BOX CONTAINING THREE CD-ROMS FROM THE BAG AND PRECEDED TO OPEN THE BOX I WAS APPROACHED FROM BEHIND BY A LADY BY THE NAME OF MRS. CAROL MURDOCH WHO APPARENTLY WAS THE HOUR'S REFERENCE LIBRARIAN.

6) MRS MURDOCH ADDRESSED ME SUDDENLY AND SAID THAT PATRONS ARE NOT TO USE THEIR PERSONAL SOFTWARE ON LIBRARY COMPUTERS.

7) I ASKED MRS. MURDOCH IF THAT REQUEST WAS A NEW POLICY AS I HAVE BEEN USING MY PERSONAL SOFTWARE ON THE COMPUTERS AT THIS LIBRARY FOR YEARS.

8) I FURTHER RELATED THAT I HAVE BEEN USING THIS LIBRARY SPORADICALLY SINCE 1985 AND HAVE NEVER BEEN APPROACHED BY PERSONS OR POLICY THAT STATED THAT I COULD NOT USE MY SOFTWARE ON THE LIBRARY'S COMPUTERS.

>> OTHER SCENARIO REGARDING SOFTWARE:

9) I ALSO STATED THAT THERE WAS ONLY ONE OTHER CIRCUMSTANCE THAT EVEN PROVED SIMILAR TO HER REQUEST AND THAT OCCURRED IN APPROXIMATELY THE LAST FIVE MONTHS.

10) IN THAT SCENARIO I WAS ASKED NOT TO REBOOT THE COMPUTER SO OFTEN AS IT IS NOT GOOD FOR THE COMPUTER.

11) WHEN I RELATED WHAT I WAS DOING I WAS TOLD THAT THE COMPUTERS I WAS ATTEMPTING TO USE WERE NOT SET UP FOR THE USE OF PERSONAL SOFTWARE.

12) I RELATED TO THE REFERENCE LIBRARIAN ON THAT OCCASION THAT THAT SCENARIO IS STRANGE DUE TO THE FACT THAT I HAVE BEEN USING THE COMPUTERS WITH MY SOFTWARE OVER THE LAST SEVERAL YEARS AND NEVER HAD A PROBLEM.

13) I RELATED THAT I HAD IN FACT USED THE CD-ROM COMPUTERS EARLIER IN THE YEAR WITH MY CD-ROMS.

14) I RELATED THAT I WAS JUST TRYING TO STUDY THE COMPUTER'S SETUP TO DETERMINE WHY I WAS NOT HAVING ANY SUCCESS SETTING UP MY CD-ROM ON THE COMPUTER AND SAID THAT SHE HAD APPARENTLY BEEN WATCHING ME VERY INTENSELY TO BE ABLE TO DETERMINE THAT I WAS REBOOTING THE COMPUTER.

15) SHE STATED THAT SHE WASN'T BUT COULD HEAR THE COMPUTER CHIRP WHICH INDICATED THAT THE COMPUTER WAS BEING REBOOTED.

16) I POINTED OUT TO HER THAT WHEN EVER THE COMPUTER SOFTWARE OR COMPUTER ITSELF REACHES AN OVER LOAD OR UNACCEPTABLE REQUEST IT ALSO CHIRPS.

17) I RELATED TO HER THAT I AM A COMPUTER TECHNICIAN AN SOFTWARE EVALUATOR THAT IS EXPERIENCED IN DEALING WITH SOFTWARE AND COMPUTER SCENARIOS.

18) I RELATED TO HER THAT I KNEW THAT I WAS ABLE TO ACCESS THE COMPUTERS IN THE PAST FOR USE OF MY PERSONAL SOFTWARE BUT COULD NOT REMEMBER HOW I INITIATED SAME AND WAS STUDYING THE SYSTEM SO TO REFRESH MY MEMORY.

19) I RELATED THAT NO DOUBT I WAS ABLE TO USE THE COMPUTER IN THE PAST WITH MY PERSONAL SOFTWARE.

20) SHE APPARENTLY WANTED ME TO BELIEVE THAT ALL THE MACHINES WERE NOT SET UP TO USE PERSONAL SOFTWARE CD-ROMS OR, SHE WAS NOT TOTALLY FAMILIAR WITH THE SETUPS OF THE COMPUTERS.

21) SHE DID NOT STATE FLATLY OR INDICATE POLICY THAT I COULD NOT USE MY PERSONAL CD-ROMS ON THE MACHINES.

22) AFTER SHE LEFT I MOVED TO THE MACHINE NEXT TO THE ONE I WAS USING ORIGINALLY AND ATTEMPTED TO ACCESS MY PERSONAL SOFTWARE CD-ROM AND NOTED THAT IT WAS SET UP TO ALLOW MY USE AS I HAD PRIOR EXPERIENCED.

23) I THEN USED MY PERSONAL SOFTWARE CD-ROM ON THAT COMPUTER WITHOUT OBJECTION FROM THAT LIBRARIAN.

24) I SPECIFICALLY GOT THE IMPRESSION THAT THAT LIBRARIAN DID NOT WANT ME TO USE THE COMPUTERS FOR MY PERSONAL CD-ROM SOFTWARE, NOT THAT SCHOOL POLICY STATED THAT I COULD NOT USE SAME.

25) I SPECIFICALLY NOTED THAT NOT ALL THE COMPUTERS WERE SET UP TO PREVENT USE OF PERSONAL SOFTWARE AS THE FIRST ONE I HAD USED THAT DAY.

26) I GOT THE IMPRESSION THAT THAT LIBRARIAN WAS NOT COMPLETELY HONEST WITH HER POSITION ABOUT MY USING THE COMPUTERS WITH MY CD-ROM SOFTWARE BUT I SAID NOTHING MORE TO HER NOR SHE TO ME.

>> CURRENT SCENARIO:

27) IN THE PRESENT CIRCUMSTANCE THE LIBRARIAN DID NOT SEEM TO WANT ME TO USE MY CD-ROMS ON THE COMPUTER AND STATED THAT IT IS SCHOOL POLICY NOT TO ALLOW SAME USE.

28) I THEN ASKED TO SEE THE SPECIFIC POLICY THAT INDICATED SAME.

29) I GOT THE IMPRESSION AT THIS POINT, AND IN LIGHT OF THE PAST EXPERIENCE RELATED ABOVE, THAT THE TWO LIBRARIANS THAT I HAD BEEN DEALING WITH WERE NOT FRIENDLY TO MY USING THE COMPUTERS FOR MY PERSONAL APPLICATIONS, NOT THAT IT WAS REALLY SCHOOL POLICY.

30) I HAD READ THE SCHOOL POLICY ON COMPUTER USE SOME TIME AGO AND NEVER NOTED ANYTHING IN MY RECOLLECTION THAT SUGGESTED THAT I COULD NOT USE MY PERSONAL SOFTWARE ON THE SCHOOL'S COMPUTERS.

31) MRS. CAROL MURDOCH WENT TO HER FILES AND PULLED A BINDER WITH POLICY DOCUMENTS & PULLED THE PAGES PERTAINING TO HER POSITION.

32) SHE STATED THAT UNDER THE NORTH CENTRAL COLLEGE STATEMENT OF ACCEPTABLE USE OF INFORMATION TECHNOLOGIES AND MORE SPECIFICALLY UNDER SECTION 4.0 IRRESPONSIBLE USE, AND PARAGRAPH 4.1 INFORMATION TECHNOLOGIES AND EQUIPMENT, THAT USE OF PERSONAL CD-ROMS OR OTHER SOFTWARE WAS PROHIBITED.

33) POINT OF ISSUE IS THAT NONE OF THE POLICIES STATED UNDER THE STATEMENT OF ACCEPTABLE USE OF INFORMATION TECHNOLOGIES THAT I HAVE PERCEIVED AND REVIEWED CONTAIN ANY PROHIBITION OF THE USE OF PERSONAL SOFTWARE, PER SE.

34) I ASKED MRS. CAROL MURDOCH TO SPECIFICALLY POINT OUT TO ME THE STATEMENT IN THE POLICY MANUAL WHICH WAS SAYING I WAS NOT ALLOWED TO USE THE PERSONAL SOFTWARE AND SHE DID NOT.

35) I WAS SOMEWHAT IN SHOCK AND INSULTED WHEN SHE EVEN SUGGESTED THAT MY USE OF PERSONAL SOFTWARE ON THEIR EQUIPMENT WAS IRRESPONSIBLE USE AS ASSERTED BY THE POLICY STATEMENT HEADING!

36) I ATTEMPTED TO RELATE TO HER MY EXPERIENCE WITH PAST USAGE AND THE CIRCUMSTANCES NOTED WITH THE OTHER LIBRARIAN AND SHE WOULD CUT ME OFF AND STATE THAT SHE STATED THE POLICY AND SHE IS DONE WITH THE SUBJECT.

37) I RELATED TO MRS. CAROL MURDOCH THAT THERE SEEMS TO BE AN ANOMALY IN THAT THE ONE COMPUTER DOES NOT ALLOW USE OF PERSONAL SOFTWARE, AT LEAST THRU THE GUI USED, AND THAT THE OTHER COMPUTER DOES.

38) SHE STATED THAT THE COMPUTERS ARE NOT SET UP TO ALLOW IT AND I ASKED IF I COULD SHOW HER THAT SOME OF THE COMPUTERS DO ALLOW IT AND ATTEMPTED TO USE ONE OF MY CD-ROMS THAT WERE HANDY.

39) SHE OBJECTED TO MY USING MY CD-ROM AND SO I ASKED HER IF SHE WOULD GET ONE OF THE LIBRARY'S CD-ROMS AND SHE REFUSED!

40) I THEN SAID COULD I SHOW HER THE SPECIFIC INTERFACE THAT IS PROVIDED IN THE GUI FOR PERSONAL CD-ROM USE AND SHE REFUSED TO EVEN LET ME CLICK THE MOUSE ON THE MENU AND LET ME SELECT THE OPTION.

41) I STATED TO MRS. MURDOCH THAT THERE SEEMS TO BE A NEGATIVISM THAT I HAVE BEEN PICKING UP IN THIS INSTITUTION ESPECIALLY SINCE I WAS "RIPPED OFF" BY FACULTY IN THE ATHLETIC PROGRAM FOR SERVICES RENDERED AND BY OTHER ADMINISTRATORS IN THE FINANCE DEPARTMENT.

42) I RELATED THAT I AM A BUSINESSMAN IN THIS COMMUNITY AND THAT I AM THE PRESIDENT AND CEO OF THAT BUSINESS AND THAT I CAN RELATE THIS NEGATIVISM EXPERIENCED IN THIS INSTITUTION TO OTHERS IN THE COMMUNITY.

43) I FURTHER STATED THAT I AM AN EDUCATED AND DEGREED PERSON AND THAT ONE OF THE COLLEGES THAT I ATTENDED HAS A RECIPROCAL AGREEMENT WITH THIS SCHOOL.

44) SHE ACKNOWLEDGED THE LIBRARY SYSTEM AGREEMENT AND NAMED IT AND I RELATED THAT AS AN ALUMNI OF AN ASSOCIATED COLLEGE I AM AUTHORIZED TO USE THIS LIBRARY AS A RESULT.

45) SHE SAID ALUMNI ARE NOT INCLUDED IN THE AGREEMENT AND I SAID NOT ONLY AM I AN ALUMNI OF A RECIPROCAL AGREEMENT SCHOOL BUT I AM ALSO A RESIDENT OF NAPERVILLE AND THAT NORTH CENTRAL COLLEGE ALLOWS COMMUNITY USE OF SAME LIBRARY IN THAT CONTEXT ALSO.

46) MRS. CAROL MURDOCH THEN STATED THAT THE COMMUNITY AGREEMENT DOES EXIST BUT THAT IT DOES NOT GIVE ME LICENSE TO INTERFERE WITH LIBRARY BUSINESS.

47) I SAID FINE, I WILL TAKE THIS UP THE CHAIN OF COMMAND AND GET THIS AIRED.

48) I RELATED THAT THE VERY FACT THAT SHE WOULD NOT LET ME SHOW HER THE GUI INTERFACE THAT WAS PERMITTED SUGGESTED THAT THERE WAS A TUNNEL VISION ATTITUDE AT THE SCHOOL THAT I HAVE NOTICED IN RECENT YEARS TO BE GETTING WORSE AND THAT SAME LACK OF COURTESY WAS BEING DEMONSTRATED BY HER UNWILLINGNESS TO LET ME DEMONSTRATE THE REALITY OF MY OBSERVATIONS AND CLAIM, THAT IT SEEMS THAT SOME AT NORTH CENTRAL COLLEGE SEEM TO WANT TO SEE AND BELIEVE ONLY WHAT THEY WANT TO IRRESPECTIVE OF WHAT THE FACTS ARE.

49) I RELATED THAT THERE SEEMS TO BE A SUGGESTION OF PREFERENTIAL TREATMENT THAT IS UNFAIR AND SELECTIVE SUGGESTING THAT "POLICY" IS NOT BEING CONSISTENTLY APPLIED TO ALL PATRONS ONE WAY OR THE OTHER AND THAT IN CHRISTIAN SPIRIT IT NEEDS TO BE ADDRESSED.

50) MRS. CAROL MURDOCH STATED THAT I WAS INTERFERING WITH THE LIBRARY'S PURPOSE IN TAKING ITS TIME IN AN UNAUTHORIZED FASHION AND THAT SHE DID NOT WANT TO DISCUSS THE OPTION I POINTED OUT EXISTED WITHIN THE COMPUTER GUI.

51) I SAID THAT I JUST WANTED TO MAKE HER AWARE OF THE CIRCUMSTANCES AVAILABLE ON THE COMPUTER AND SHE SAID SHE WILL MAKE A NOTE OF IT, IN A COOL WAY THAT SUGGESTED TO ME THAT SHE WOULD SEE TO IT THAT THE GUI OPTION WOULD BE ELIMINATED FOR USE OF PERSONAL SOFTWARE.

52) I RELATED TO MRS. MURDOCH THAT I WILL YIELD TO HER POSITION AT THIS TIME NOT TO USE MY PERSONAL SOFTWARE BUT I WILL PURSUE THIS FURTHER AT OTHER LEVELS.

53) I SUGGESTED TO HER THAT I WOULD LIKE TO TALK TO SOMEONE IN CHARGE OR HER SUPERVISOR AS SHE SAID THAT SHE WAS CALLING SECURITY.

54) I STATED TO HER THAT IF SHE DEFAMES ME I WOULD SUE HER.

55) SHE WENT INTO THE LOBBY TO PURSUE HER INTENT AND I TOOK THE MOUSE AND CLICKED ON THE OPTION TO SHOW ANYONE OF INTEREST THAT THE GUI IN FACT DID HAVE THE FEATURES I SUGGESTED.

56) I THEN PUT MY UNOPENED SOFTWARE BACK IN MY SHOPPING BAG AND WENT TO THE MAIN LIBRARIAN'S DESK TO SEE IF I COULD BUFFER THE SITUATION BUT MRS. CAROL MURDOCH WAS IN THE OFFICE AREA ON THE PHONE CALLING VARIOUS PERSONS AND APPARENTLY THE POLICE.

57) AT NO TIME DID SHE EVER INDICATE SHE WAS CALLING THE POLICE JUST SECURITY.

58) I RELATED TO THE ASSISTANT LIBRARIAN THAT I WOULD LIKE TO TALK TO MRS. MURDOCH AND SHE RELATED SAME TO MRS. MURDOCH. MRS. MURDOCH THEN CAME OUT AND I RELATED THAT I QUESTIONED HER INTERPRETATION OF THE POLICY STATEMENTS.

59) SHE DID NOT SEEM RESPONSIVE NOR DID SHE SEEM TO COMPREHEND WHAT I WAS SAYING SO I RELATED TO HER, AS A PARALLEL, THAT THE BIBLE IS OFTEN INTERPRETED OR MISINTERPRETED DIFFERENTLY BY DIFFERENT GROUPS SUCH AS THE JEHOVAH'S WITNESSES HAVE THEIR POSITION AND THE MORMONS HAVE THEIRS AND THE BAPTISTS AND PRESBYTERIANS HAVE THEIRS AND THE LIKE.

60) MRS. CAROL MURDOCH STILL DID NOT WANT TO ACKNOWLEDGE WHAT I WAS TALKING ABOUT HOWEVER, SHE SEEMED TO COMPREHEND AT THIS POINT WHAT I WAS TALKING ABOUT BUT HELD A FIRM POSITION ON HER INTERPRETATION AND INTERRUPTING ME TO DO SO.

61) I RELATED TO HER THAT SHE HAS INTERRUPTED ME SEVERAL TIMES WHILE I WAS TRYING TO CONVEY THE CONTEXT AND THE SPIRIT OF WHAT I WAS SAYING AND THEN SHE PAUSED AND LET ME SPEAK.

62) I RELATED THAT DIFFERENT FACULTY AND ADMINISTRATORS EVEN WITHIN THIS INSTITUTION DO NOT ALWAYS AGREE ON THE INTERPRETATION OF THE SCHOOL'S POLICY.

63) I STATED THAT THERE SEEMS ALSO TO BE A CASE OF PREFERENTIAL TREATMENT ESPECIALLY DUE TO THE ANOMALIES FOUND IN THE GUIS AS OPPOSED TO HER POSITIONING.

64) I RELATED THAT I WILL ALSO PURSUE THAT ISSUE IN THE FUTURE AS IT SEEMS THERE IS A NEGATIVISM TO MY USING THE LIBRARY FACILITY.

65) I REITERATED THAT FACT THAT I AGREED NOT TO USE MY PERSONAL SOFTWARE ON THEIR COMPUTERS SO THAT THIS ISSUE CAN BE PROPERLY ADDRESSED.

66) MRS. CAROL MURDOCH STILL DID NOT WANT TO ACKNOWLEDGE THE SPIRIT OF WHAT I WAS SAYING SO I STATED TO HER THAT PERHAPS I WILL HAVE TO APPROACH THE COLLEGE PRESIDENT OR WHOEVER SO TO EFFECT A DIALOGUE AND EVALUATE THE ISSUES.

67) SHE SAID TO ME THAT I SHOULD DO THAT AND SHE GAVE ME HIS NAME AND I SAID FINE, PERHAPS I WILL DO THAT AND CONTACT WHOEVER ELSE IN THE COMMUNITY THAT MAY FIND THIS ISSUE OF INTEREST SO TO DEAL WITH THIS ANOMALY.

68) I SAID LET US AGREE TO DISAGREE WITH REGARD TO THE POLICY INTERPRETATION.

69) AT NO TIME DID MRS. MURDOCH REQUEST OR DEMAND THAT I LEAVE THE FACILITY.

70) MRS. MURDOCH THEN ASKED ME MY NAME AND I SAID I DO NOT BELIEVE THAT IS NECESSARY AS YOU DO NOT REQUIRE IT OF ANY OTHER PATRON JUST USING THE FACILITY.

71) BEING THAT SINCE I HAD COMPLETED MY INITIAL RESEARCH AT THE TIME AND THAT SINCE I WAS NOT BEING ALLOWED TO EVALUATE MY SOFTWARE I WENT BACK TO THE REFERENCE ROOM AND WRAPPED UP MY PROPERTY AND LEFT THE LIBRARY AND WENT TO MY OFFICE.

72) UPON ARRIVING AT MY OFFICE IT OCCURRED TO ME THAT I SHOULD HAVE GOTTEN A COPY OF THE POLICY STATEMENT THAT MRS. MURDOCH WAS CITING AND SO I WENT BACK TO THE LIBRARY LEAVING MY SOFTWARE AND THE LIKE IN MY OFFICE.

73) UPON APPROACHING THE LIBRARY I NOTED A NAPERVILLE POLICE CAR IN FRONT OF THE LIBRARY AND THOUGHT MRS. MURDOCH PROBABLY CALLED THE POLICE BUT PERHAPS IT WAS JUST COINCIDENCE.

74) THE OFFICER WAS IN THE CAR AND I THOUGHT HE MAY HAVE CONCLUDED HIS CONTACT OR WAS READYING TO MAKE HIS CONTACT AND I WENT INTO THE LIBRARY WITH THE THOUGHT THAT I DID NOTHING WRONG AND HAD REASONABLY CONCLUDED THE ORIGINAL CONVERSATION SO I SHOULD HAVE NO PROBLEM.

75) I WENT INTO THE LIBRARY REFERENCE AREA AND WAITED PATIENTLY TO TALK WITH MRS. MURDOCH AS SHE WAS ENGAGED IN CONVERSATION WITH A STUDENT.

76) AFTER MRS. MURDOCH WAS FINISHED WITH THE STUDENT SHE APPROACHED ME WITH EYE CONTACT AND I SAID THAT I WOULD LIKE A COPY OF THE POLICY STATEMENTS OF ISSUE AND SHE AGREED TO COPY SAME BY GOING INTO THE COPY ROOM WITH THE ORIGINALS AND COPY SAME AND THEN GAVE THEM TO ME IN THE COPY ROOM.

>> POLICE ARRIVE:

77) AT THAT POINT NAPERVILLE POLICE OFFICER CRIBARO, BADGE # 161, APPROACHED ME FROM BEHIND AND ASKED TO TALK WITH ME AND WE DID SAME IN THE COPY ROOM AFTER HE ASKED ME TO PRODUCE AN ID AND GIVE MY ADDRESS AND PHONE NUMBER AND ASKED ME WHERE MY SOFTWARE AND BELONGINGS WERE AND IF I HAD ANY WEAPONS ON ME.

78) I RELATED MY NAME AND MY DOMICILIARY ADDRESS RELATING I AM A STALKING VICTIM AND THAT MY OFFICE ADDRESS SHOULD NOT BE GIVEN OVER THE AIR AS NON AUTHORIZED PERSONS DO USE SCANNERS TO LISTEN. I ASKED FOR HIS SENSITIVITY TO THE SITUATION AND THAT ANOTHER OFFICER ON THE FORCE IS MY LIAISON REGARDING THIS ISSUE.

79) WHILE DISCUSSING THE ADDITIONAL INFORMATION TWO OTHER OFFICERS CAME IN AND WE DISCUSSED THE ISSUE FURTHER.

80) I RELATED IN RESPONSE TO THE ABOVE QUESTIONS THAT I LEFT MY PROPERTY AT THE OFFICE AND CAME BACK AND OFFICER CRIBARO LOOKED AT MY SHOES AND SAID THAT THEY DO NOT LOOK LIKE I WENT VERY FAR AS MY SHOES ARE NOT WET AND I SAID THAT I WENT JUST A BLOCK OR TWO AWAY. I FELT THAT THE OFFICER MIGHT BE SUGGESTING I WAS LYING ABOUT WHERE I PUT MY SOFTWARE AND WONDERED WHY HE WOULD WANT TO SEE MY SOFTWARE.

81) I RELATED THAT I DID NOT HAVE ANY WEAPONS ON MY PERSON. I FOUND THAT THIS LINE OF QUESTIONING SUGGESTED THAT MRS. MURDOCH MAY HAVE RELATED TO THEM THAT I INTIMIDATED HER OR THREATENED TO HARM HER WITH PHYSICAL FORCE AS USUALLY WHEN I AM APPROACHED BY POLICE OFFICERS I AM NOT ASKED SUCH SPECIFIC QUESTIONS.

82) AFTER DISCUSSING THE CIRCUMSTANCES ABOVE NOTED, INITIALLY NOT WITHOUT INTENSITY WITH THE TENDENCY OF THE OFFICER'S PREEMPTIVE ATTEMPTS WHICH SEEMED INTENT ON ONLY DEALING WITH THE FACTS AS RELATED BY MRS. MURDOCH AND NOT MY CONTEXTUAL POINT OF VIEW, I WAS TOLD THAT I MUST LEAVE THE LIBRARY FOR THE NIGHT AS THE LIBRARIANS FEEL UNCOMFORTABLE WITH MY PRESENCE THERE.

83) I WAS MADE AWARE OF SOME OF MRS. MURDOCH'S ALLEGATIONS WHICH ALLEGED THAT I WAS INTERFERING WITH NORMAL LIBRARY ACTIVITIES, THAT I WAS RAISING MY VOICE AND THAT I HAD BEEN ASKED TO LEAVE AND REFUSED.

>> FALLOUT:

84) IT WAS VERY APPARENT TO ME THAT MRS. MURDOCH HAD PROVERBIALLY SET ME UP FOR HER INTENTIONED PURPOSES OF INTERFERING WITH MY LEGITIMATE AND NORMAL AND PROPER USE OF THE OESTERLE LIBRARY FACILITY.

85) I THINK EVEN THOSE THAT WERE AROUND AT THE TIME OF THE ALLEGED INCIDENTS WILL AGREE THAT THERE WERE NO UNACCEPTABLY LOUD EXCHANGES OF CONVERSATIONS FROM MYSELF.

86) THIS METHOD OF OPERATION THAT MRS. MURDOCH EFFECTED IS VERY SIMILAR TO OTHER PARTIES IN THE COMMUNITY THAT HAVE ATTEMPTED SIMILAR ALLEGATIONS.

87) WITNESSES HAVE AND WILL BE PRODUCED IN EACH OF THE ALLEGED CIRCUMSTANCES IN THE COMMUNITY, IF NEED BE, WHICH REFUTE SUCH ALLEGATIONS AND ALSO SHOW THE LACK OF CREDIBILITY OF THE PARTIES ASSERTING SUCH CLAIMS.

88) AS WE ALL KNOW, TERMS ARE RELATIVE TO THEIR CIRCUMSTANCES AND IN A LIBRARY SCENARIO A LIBRARIAN COULD EXAGGERATE THE LEGITIMATE REALITY OF ONE HAVING IMPROPERLY RAISED HIS VOICE THAT WOULD ACCRUE AN ACCUSATION OF DISTURBING THE PEACE.

89) LET IT BE KNOWN THAT MY VOICE LEVEL AND CONVERSATION WAS COMMENSURATE WITH THE SIMILAR LEVEL AND CONVERSATION EXEMPLIFIED BY MRS. MURDOCH. I BELIEVE THAT IS FAIR INTERPLAY. I AM VERY CAREFUL ABOUT SUCH CONDUCT.

90) AS I HAD AFORE NOTED TO THE POLICE I RELATED AND REAFFIRMED THAT I WOULD COMPLY WITH MRS MURDOCH'S REQUESTS FOR THE TIME BEING UNTIL HIGHER LEVELS OF COMMAND COULD EVALUATE THE CURRENT CIRCUMSTANCES AND SO DIRECT ACTUAL POLICY.

91) THE POLICE AND I THEN LEFT THE LIBRARY WITH MY SHAKING EACH OFFICERS HAND AND GETTING THEIR NAMES AND BADGE NUMBERS AMICABLY AS WE MOVED THRU THE LOBBY AND I PRECEDED TO MY OFFICE.

92) IT IS MY OBSERVATION THAT SOME OF THE PARTICIPANTS AT THIS SCHOOL HAVE DEALT WITH MY LEGITIMATE AND LAWFUL PRESENCE AND USE OF THE FACILITIES AVAILABLE IN A CONTEXT OF "STINKIN THINKIN", DIRTY THINKING OR JUST PLAIN WITCH HUNTING SO TO CAST NEGATIVE ASPERSIONS ABOUT MY CHARACTER, CONDUCT AND PURPOSE.

93) IT IS APPARENT TO ME THAT THESE SAME PARTIES HAVE ATTEMPTED TO MAKE MY STAY AND USE OF FACILITIES VERY DIFFICULT AND NON EFFECTIVE AND THAT THERE HAS OFTEN BEEN A COOLNESS OUTWARDLY WHEN I HAVE ARRIVED WITH OVER SCRUTINY OF MY ACTIVITIES WHILE USING SAME ESPECIALLY ON THE COMPUTERS.

94) IT IS APPARENT THAT THE PERCEPTION OF THESE PARTIES ESPOUSE AN ATTITUDE THAT CONCLUDES THAT PEOPLE NOT OF THEIR CLIQUE OR "CLUB" DO NOT COUNT AND DO NOT HAVE THE SAME RIGHTS AS THEIR "MEMBERSHIP", OF COURSE EXCEPTING STUDENT PRIORITY USE.

95) IT IS APPARENT THAT THESE PEOPLE ESPOUSE AN ATTITUDE THAT CONVEYS A CONTEMPT FOR LAWFUL FREEDOM AND A SCRUTINY THAT DETERMINES CERTAIN PEOPLE TO BE CAPABLE OF NOTHING BUT UNETHICAL OR CRIMINAL ACTS.

96) IN OTHER WORDS, IN CASE ON POINT, ONE WHO USES PERSONAL SOFTWARE MUST BE TRYING TO SABOTAGE THE COMPUTER OR, USING SUCH SOFTWARE MUST BE PROVOCATIVE OF DEVIOUS, UNETHICAL AND ILLEGAL PURPOSE, INTENT AND CONTENT.

97) THE OTHER SIDE OF THE COIN IS THAT CERTAIN INTERESTS ASSOCIATED WITH THIS INSTITUTION DO NOT WANT CERTAIN PATRONS TO BE EFFICIENT IN THEIR LAWFUL AND LEGITIMATE USES OF ITS FACILITIES.

98) THEY HAVE BEEN OVER ZEALOUS IN THE ENFORCEMENT OF THEIR RULES TO THE POINT THAT THEY ENFORCE THE LEGALISTIC LETTER OF POLICY AND NOT THE SPIRIT OF POLICY, NOT TO MENTION THIS CASE SUGGESTS IMPLIED POLICY THAT IS NOT STATED IN WRITING, AND IN DOING SO THEY UNDERMINE THE SPIRIT OF AMERICAN AND CHRISTIAN FREEDOM NOT TO MENTION THE SPIRIT OF THIS EDUCATIONAL INSTITUTION!

99) LET ME UNDERSCORE THE FACT, HOWEVER, THAT I AM ALSO AWARE THAT THESE PARTIES DO NOT REPRESENT, AT LEAST TO MY KNOWLEDGE, THE MAJORITY OF PARTICIPANTS IN THIS INSTITUTION NOR THE OFFICIAL POLICY OF THIS INSTITUTION.

100) HOWEVER, A PROBLEM DOES EXIST AND HAS BEEN APPARENT TO ME ESPECIALLY OVER THE LAST FIVE YEARS AND SAME HAS INTERFERED WITH MY BUSINESS INTERESTS, EFFICIENCIES AND GOOD FAITH TO AND WITH MY BUSINESS CONTACTS IN THIS COMMUNITY AND THIS LIBRARY.

101) THIS SCENARIO NEEDS TO BE OBJECTIVELY, IMPARTIALLY AND FAIRLY CONCLUDED AS IT LEAVES ME WITH A VERY NEGATIVE IMPRESSION OF THIS INSTITUTION AND ITS USER FRIENDLINESS.

102) IT VERY DEFINITELY CAUSES ME TO NOT WANT TO EVER CONSIDER ENHANCING MY OWN FORMAL EDUCATIONAL PURSUITS THRU THIS INSTITUTION OR RECOMMENDING SAME TO OTHERS IN THE FUTURE!

>> CONCLUSION:

103) FINALLY I BELIEVE IT IS APPROPRIATE FROM MY VIEW POINT TO UNDERSCORE A SCRIPTURE FROM THE BIBLE. IT IS FOUND IN ONE VERSION IN THE BOOK OF MATTHEW, CHAPTER 18 AND ESPECIALLY VERSES 1 THRU 14. IN EFFECT IT SAYS THAT IF ANYONE WILLFULLY AND WANTONLY HURTS HIS BELIEVERS, THAT OFFENDING PERSON PUTS A CURSE FROM GOD ON THEMSELVES BY THEIR OWN DOING!

I REALIZE THAT THIS LETTER IS RATHER LENGTHY BUT AS YOU CAN SEE MUCH HAS OCCURRED! YOUR CANDID, OBJECTIVE, IMPARTIAL AND FAIR RESPONSE TO THIS DOCUMENT WILL BE GREATLY APPRECIATED. SINCE MY MAIL IS INTERFERED WITH FREQUENTLY, PLEASE CALL ME AND SET UP A FAX APPOINTMENT AND I WILL RESPOND AS SOON AS I AM AWARE OF YOUR REQUEST AS MY FAX MACHINE IS NOT DEDICATED. PLEASE LET ME KNOW WHAT HOURS I WILL BE ABLE TO SET UP THE FAX WITH YOU.

PLEASE BE ADVISED: I BELIEVE THAT THESE ISSUES ARE CRITICAL AND I HAVE TAKEN A GOODLY PART OF THE WEE HOURS OF THE MORNING AND MY BUSINESS DAY TO FOCUS ON THIS SCENARIO AND PREPARE THIS DOCUMENT!

CANDIDLY, THANK YOU,

SCOTT M. HUBER

OWNER, CEO AND PRESIDENT

A & A ELECTRONICS AND TELEVISION