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From: Larry Flesher <>
Subject: [BOARD] Moderation of Disciplinary Hearing Respondent
Date: Wed, 6 Jul 2011 10:53:12 -0700 (PDT)


Mr. Daryl Lytton, the respondent in the current disciplinary hearing, was cautioned by the Chair regarding his actions associated with the hearing as follows:
 
1. Saturday 02 July 11:00 a.m. CDT:
 
On June 4th you sent a message to this list at 1:51 p.m. your time stating that you pledged to maintain the confidentiality of these proceedings.
 
All aspects of the disciplinary hearing proceedings are to remain confidential; your statement quoted above "procedures are not confidential" is incorrect, and your public reports of hearing procedures are a violation of your pledge.
 
This hearing is being conducted on this discussion list. You often speak of your rights - please be reminded that with every right comes a corresponding responsibility, and your pledged responsibility in this instance is to maintain all aspects of this hearing confidential, as the procedures dictate. You have right to participate in this hearing, but that right can be forfeited by your failure to abide by the hearing rules of behavior.
 
The Chair will not continue to tolerate public responses on other lists to any hearing procedural items.  Should you continue to respond in a non-confidential manner, you will be unsubscribed from this list, and status reports of the proceedings will be provided to you, along with questions which require your answer. Further, this behavior may result in additional charges being levied against you.
 
Larry Flesher
Chair
 
2. Monday 04 July 2:43 p.m. CDT:
 
Please remember this quote from Sturis, which was included in your message to this list on June 4th:
 
#3. Required - That during the hearing, "restrict evidence and testimony to the written charges," i.e., the charges as written.
 
You may not say you were not notified or did not know - this is a quote from Sturgis, and you yourself sent it to this list on June 4th.
 
You are hereby cautioned that further messages of this tone will cause you to be moderated on this list; if moderated, you will remain so until the conclusion of this hearing.
 
Larry Flesher
Chair
 
<=>
 
Since being so cautioned, Mr. Daryl Lytton has sent the following messages:
 
A. July 05 3:41 p.m.: (directed to an individual instead of the chair, which Mr. Lytton has also been cautioned about) ". . .we all know that you have problems distinguishing the difference
between right and wrong, that's why you broke the rules of the GC and don't
care that you did."
 
B. July 05 6:45 p.m.: (directed to all members of the disciplinary hearing): ". . .you are
nothing but a group of over-grown 3rd-grade bullies who could care less
about the rules, or your own promises."
 
C. July 06 11:17 a.m.: (describing the disciplinary hearing proccess): " . . .nothing but illegal railroading, by a
group of ABees best at cheating and lying."
 
D. July 06 12:05 p.m.: (directed to disciplinary hearing members): "You should all have been taught by your parents by age 8 what it means to
be fair, and what it means to follow rules. Those of you who have not
learned that lesson should do the rest of Membership a favor by resigning
from the AB, and let replacements be voted into place who might be honest."
 
These comments, together with several messages describing the confidential proceedings of the disciplinary hearing posted by Mr. Lytton on several "public" lists, are in clear violation of the cautions issued by the Disciplinary Hearing Chair. Therefore it is the decision of the Chair that Mr. Lytton will be moderated on the disciplinary hearing list, and shall remain so until the conclusion of the hearing.
 
Mr. Lytton, you may send messages of comments to the disciplinary hearing members to the Chair. If your messages are related to the subject being discussed by the hearing members, they will be forwarded as quickly as personal schedules allow. If your messages contain further inflammatory or off-topic content, they will not be forwarded to the hearing discussion list.
 
Larry Flesher
Disciplinary Hearing Chair


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