December 20, 2005

An Open Letter to William N. Poorten III (Snell and Wilmer)
Lawyer for L.J. (Little John) McCreary, McCreary Homes

Subject: Your support of ex-military Arizona families losing their homes

It was heart warming to digest, in an almost "It's a Wonderful Life" type moment, your much publicized and self-promotional account of your benevolent efforts (in a pro bono mode) to save the home of a fellow human being. Bravo! Who says that 99% of Republican like lawyers provides the other 1% with a bad name? My God, are you truly a compassionate conservative and one of the one percent minority, or is it all just public relations make believe leading to an invisible facade? So William III, which one is it? The entire premise of your article is disingenuous, since we know your recent past; you were a key player in causing an Arizona family to lose their land, home, security, credit rating and worst of all - their dream.

It is truly inspirational while almost mystically fictional, to read about a lawyer who is able to suppress the deep rooted genetic lust for money. How did you ever wrestle with those demons of greed in order to acquiesce and work for such a just principle? What epiphany in your recent past allowed you to posses a conscience for this one selfless act in your life? Was there something in your recent past that challenged your "typical attorney" thinking of right and wrong?

It must have been quite a metamorphosis in your human moral development in such a short period of time, since our so called competent lawyer, Dennis Rosen, described Marc Simon as nothing more than a third rate ambulance chaser (does this make you sixth rate?) and your co-counsel in family crime, State Farm's lawyer, Elizabeth Claiborne, as a "real bitch". And yes, this does not say much about our attorneys, Dennis Rosen or Alice Milton, since Mr. Rosen seemed to be interested in more lucrative legal projects than our little home could provide for his firm and Alice Milton has refused to engage in any type of communications since our case was forced to fold. Do you think she is hiding something?

Unfortunately for us, Mr. Rosen still billed us for over two hundred of hours of "work" (paper pushing), over more than a two year period, and in the end we received absolutely nothing in return. In fact, we lost everything because our house defects were never fixed as had been agreed upon in a pre trial settlement conference, which you, Elizabeth Claiborne and Skip Whitley attended. And who says, the majority of lawyers are slimy?

As you recall, you were assigned to the McCreary lawsuit by SAHBA attorney and fellow co-worker at Snell and Wilmer, attorney Marc Simon; once again, another fine specimen of humanity. Obviously Mr. Simon was the first of many, money prostituting lawyers that could not turn down a fraudulent and merit less case from L.J. McCreary, without first trying to exploit the greed full profit potential of a bogus lawsuit. Sometimes I do wonder, was it nothing more than greed induced, wet dream hysteria of soulless attorneys, or was our case just a lawyer's billable hour, payday bonanza, fantasy suit? No, surely the case could never have involved the act of such self indulgence when money and principal were at stake. After all, is there no honor left amongst thieves? Yes, Mr. Simon thought the case had such great merit that he eventually delegated the case over to a junior attorney to drag it out for two years! Sounds like Mr. Simon took his little finders fee cut of the pie and waltzed on to a more important and lucrative case in his life.

Mr. Poorten, you and Elizabeth Claiborne were the lawyers for L.J. McCreary and McCreary Homes lawsuit that lasted from January 2001, until spring 2003. You and Ms. Claiborne both defended McCreary and his equally morally corrupt wife, Denise, who stole and defrauded our family of not just our home, but our dreams. We were just a simple family trying to build a house for our children and future grand children to visit. We had such wonderful dreams.

Obviously you saw the pathetic pictures, you saw and heard about the deficient McCreary Home building practices, you heard about the illegal aliens working on our site (McNarry Concrete, Mike McNarry), (Terra Cotta Framing, Mike Clark), and you knew about illegal aliens (Terra Cotta Framing) that were at times intoxicated and smoking marijuana while working on our house. You even knew about the unlicensed contractor, John Ruiz, which L.J. McCreary hired. You knew all about these actions, but you fought against my family's right to own a defect free home.

Do remember the first settlement conference that we had in order to have our house fixed? Do you suppose we were asking too much to have the house fixed as it should have been? Would you have accepted a house that had water leaking through the walls? We agreed that a team of three so called "experts" (Fred Pace, Philip Rosenberg, and Mike Wachs) would determine fixes for the numerous defective items. You and McCreary also agreed to this course of action, and in the end, after ten months, absolutely nothing was accomplished. Do you suppose that we were asking too much to have the house fixed as it should have been? If this had been your house, would you have paid your hard earned money to have water running down your inside walls? I knew that L.J. McCreary's word was worthless, but I didn't realize your word was meaningless too.

In your self promotional biography, you advertise about your graduation from party school, Arizona State ; how nice. During the five years you were carousing in school, my family had already become a military family and were willingly and patriotically supporting me, our country, and its so called American values. We were part of protecting this country which allowed your self serving privatized little butt the opportunity to attend a school in a free country with values we respected.

Each year my military unit would pass through Tucson , Arizona and eventually I started to dream about the possibility of settling down and building a home there. Little did I realize that while I was practicing and honing my skills to protect this country, you were in Tempe , Arizona , learning about construction lobbies and their corrupted legal legislative agenda that would one day would help you destroy my family's way of life. It does seem incredible that at the same time I would have been willing to sacrifice myself for my country; you were learning how to sacrifice future Arizona families like mine, for your own personal greed. Are you proud of yourself and your actions? Is this what American culture is really all about? The lack of cultural morality is so much worse than I ever imagined. And in the end, this was all done to us simply for the lust of the almighty dollar. Did you receive a nice bonus from your lawsuit or were the incredible billable hours that you "earned" through McCreary Homes enough to suffice?

Mr. Poorten did you ever consider serving your country in the military, or did you have other "priorities" like Dick Cheney, and chose instead to serve an all powerful and soul erasing God called money? Do you plan to encourage your children sign up for military service when they reach the legal killing age of eighteen? Surely it would be such an honor for this country and corporate America to have your children's guts sprayed over a foreign country's landscape. Why if done correctly with the right amount of explosive power, you can have their guts spread in a designer pattern of red, white, and blue. Could it get any more patriotic for your family's honor?

I now advocate that poor and middle class men and women should refrain from joining the military until the upper class, wealthy people like you, have their children put on the uniform. Then and only then, will we see what this pampered, senseless sense of duty nation really stands for! How large is your SUV? How does one remain supportive and patriotic in this state and this country, when its so called justice system condones the act of stealing a person's dreams under false pretenses?

Mr. Poorten, did you ever take a class while you were at ASU about morality or ethics? Did they even offer such a class? Maybe, you just skipped it that semester. Unfortunately for my family and society, you should have participated in the discussion.

I suppose you are one of the practicing 60 minute Christians who attend church each week and end up practicing absolutely none of the teachings that Christ promoted. Do you consider yourself a moral Christian person? Do you think Christ would approve of a person like you or Ms. Claiborne that aid corrupt people like L.J and Denise McCreary? Do you think Jesus Christ would condone your actions which force families to lose their homes, just because you love money more than you care about your own self respect or integrity? Surely you would agree it is something to think about this coming Christmas day.

On the subject of Christmas, surely you will participate in Christmas church services; unless of course you attend one of those "Christian" mega churches who cancelled their services this year because people don't attend mass on Christmas. But surely, you will most likely fold your hands and appear to "act" holy since we know that is what white people (WASP's) like to do. You and I both know that deep down inside, your religion doesn't mean a God damn thing and the whole ritual that you will be performing before your God is nothing more than a charade. It is all just for show, is it not? If you were sincere in your faith and possessed even a morsel sized bit of humanity and morality, you would not tear apart people's dreams and their basic need for housing. Sorry Billy, you can't have it both ways! You can choose to live an honorable life and help your fellow man or you can choose to be a douche bag. The choice is yours.

Remember just like you, your president attends church, reads the bible and is considered a man of faith, yet he alone is responsible for thousands upon thousands of deaths during the last three years. Do you really feel that your God will excuse a man that kills, that lies, and one who condones torture? Do you feel that your God will excuse you from what you have done to me and my family? What you did to us, was a bit like torture. No, we didn't have biological organ failure happen to us, but we will always experience the hurt, the pain and the torture of losing our home; the nightmare that you, Claiborne, McCreary and scores of others put us through. Everyone played their own Oscar winning part in this production.

So Mr. Poorten, the very next time that you feel a need to pat yourself on the back because of narcissistic tendencies, Google up your name and read about your past and the wonderful pro bono work that you accomplished. After you have finished indulging yourself, I would ask that you stop and remember about what you did to my family and how you are responsible for our losing our piece of the American dream. Somehow, living in rental housing was never part of our plan. Please realize how disingenuous and deceitful you appear in your self promotional articles, when you realize that you will always have this moral scourge on your record and conscience.

Good people have told us that we should not worry, that people like you, Claiborne and the McCrearys will get theirs in the end. They say that God has a way of taking care of evil sooner or later. What goes around comes around. Also, remember it doesn't count to ask for forgiveness on your death bed, when you are moments away from being introduced to your maker. Sorry, but it is kind of like calling a bank shot off the glass in basketball, if you do not call it before the ball is in the air, it does not count.

Also, it's been said, that a man can build a thousand bridges, but if he sucks one single cock, he will be known as... well you know the rest of the story.

Have a nice life in, spite of yourself

P.S. Mike Wachs appears courtesy of Mike Wachs Construction Company, another wonderful SAHBA custom home builder.

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