Letter to Judge Matthew Thornhill of the St. Charles County - 11th Judicial Circuit Court - Quest to see evidence.
On March 9, 2015, we sent a letter to Judge Matthew Thornhill of the St. Charles County - 11th Judicial Circuit Court - Small Claims Court asking for the evidence he read that constituted his findings of Slander and the issuance of a Cease and Desist Orider in answer to our lawsuit. Prior to sending this letter, we contacted the Judge's office staff three times and asked for any copies of the evidence. We were told we must write a letter.
To date, April 13, 2015, we have not received any response. The following is a copy of the letter sent to the Judge:
(address removed for security purposes)
The Honorable Matthew E. P. Thornhill
11th Judicial Circuit Court
300 North 2nd Street
St. Charles, Missouri 63301
March 9, 2015
RE: Case # 1411-SC00282-01
Dear Honorable Judge Thornhill,
Thank you for hearing our case, however since the judgment was rendered, we have been concerned over what was presented to you that you judged as 'Slander' and why we were issued a Cease and Desist order. At no time did we ever use the defendant's name, address, personal description, etc in any postings updating friends and family on Facebook of the home damage issues. Additionally, everything posted on Facebook was 100% accurate and could be proved as accurate. I have a copy of our original post saved to a thumb drive off a friend's computer. This was done as soon as the judgment was made public.
Since that verdict, and before our Appeal Trial, somehow all the posts concerning the home damage 'disappeared' off our Facebook account. We contacted Facebook and they verified to us that they had not removed any posts. This is very suspicious to us, as the defendant's family owns a computer and TV repair company.
Thus, we have contacted your office several times, and now put our request in writing, for a copy of any documentation or evidence reviewed that was identified as Slander and caused the Cease and Desist action. We remain surprised that such a verdict can be rendered without any supportive evidence provided to the accused party. Do we not have the right to view the evidence in a court of law?
The Slander and Cease and Desist Order was thrown out during the Appeal Hearing. Additionally, the Judge at that hearing directed the Defendant to supply copies of all evidence presented to him, to us. We were handed a couple pieces of scribbled paper and no social media posts.
Why wasn't the evidence presented at the first trial, presented again at the second hearing? Why did the Facebook posts detailing the daily progress of the home repair, and only those posts, disappear off our Facebook records between the first and second hearing? What happens when a Judge is given false evidence, and a judgment is rendered based on this evidence?
We hope that you find dishonesty while under oath as despicable as we do. We would appreciate copies of any evidence that was used to formulate your judgment. Thank you for your attention to this matter.
(address and contact phone number has been removed.)
We continue to ask ourselves, "what did we do to cause all this?" There must be a reason that this has happened. Even if we won the case, we never expected to see any damages actually paid by this "builder". We believe it is our duty to stop this builder from causing such a nightmare for any other homeowners.
We are now preparing a letter to the Missouri Attorney General's Office in hopes of gaining some assistance in acquiring the evidence. Finally, Judges, just like the Attorney General position, is an elected position. Accountability for a actions of these people, or lack of action, comes in a voting booth.