The Lawsuit
As noted above, the lawsuit was filed against
Oracle Corporation
- and the lawsuit's dismissal was based on grounds which,
it turns out, seem to have been arranged to mislead
San Mateo Superior Court into delivering an erroneous verdict,
in Oracle's favor; IE,
fraud.
This lawsuit merits attention, even now.
With the passage of time, many of the witnesses -
my peer employees and immediate management, at the
time - no longer work for Oracle, and are, I believe,
more free to discuss what happened, suffering less
fear of retaliation, than had been the case, at the
time when the events I describe, were occurring.
Some of the evidence that has accumulated, as time
has passed, suggests fraud and perjury.
Some of the evidence that has accumulated, as time
has passed, suggests criminal conspiracy.
There are grounds for civil suit, also, I believe.
Although the statute of limitations protects
defendants in a criminal lawsuit from criminal
prosecution, after seven years, the court proceedings
concluded in 1997; and so it would seem that the
statute of limitations will not protect this company
and these individuals until 2004 ... if then, given
that they seem to have deliberately misled the court
... and omitted vast reams of evidence from their
response to the the subpoena(s) served, to boot.
Indeed, it is my understanding that criminal
conspiracy does not have a statute of
limitations; as in murder, the court, in its
wisdom, declines to forgive transgressions which
are calculated to pervert justice.)
The Defendants
Nine individuals were also named as defendants in
San Mateo Superior Court case #393104.
The complete list is as follows:
- Oracle Corporation
- Paul Wilson (VP, Human Resouces)
- Michael Satterwhite (Manager, Human Resources)
- Alan Tottle (VP, Networking/MIS)
- Kirstin Dwyer (Director, Human Resources)
- Scott McMahan (Manager, MIS)
- Kristen Lee (MIS Liason, Human Resources)
- Lisa Cussary (Manager, MIS)
- Betsy Guala (Tape Operator, MIS)
- Pamela Mabon (AKA Pamela Wilmot) (Manager, MIS)
- Does 1-10
The Plaintiff
Shown on the right, my name is
Richard Childers.
I am a computer and networking services
administrator, professionally; but I have
also been a court-appointed foster parent,
for several years, in the City & County of
San Francisco ... as well as a frequent blood,
platelet and occasional white cell donor
(over 100 donations of platelets, alone) ...
and a licensed amateur radio operator
(callsign KG6HAC).
I'm still close to my foster daughter - who is
now in her 20s, and the mother of a small child.
I am now married - and the father of three young
children, as well.
After the events described, herein, occurred, I
suffered what I suppose might be described as a
partial breakdown, and was diagnosed with
post-traumatic stress disorder (PTSD);
this may be germane as you, the reader, try to
understand why it took me so long to find the
words to articulate what has happened.
I believe that the intent, on the part of specific individuals, was to
overwhelm me with such an abundance of traumatic events as to create the
emotional equivalent of an
occlusion,
as a result of being the target of a sustained assault - upon my dignity,
my character, my reputation, and the integrity of my relationships with
my family and friends. In this, these anonymous individuals were successful.
The damage I sustained has interfered with my ability to articulate what
happened for over a decade.
I cannot talk about what happened to me; I can only write about it.
I have to credit the birth of my children, and the passage of time, as
the two things that have healed me most, and given me the motivation to
pursue the resolution of this state of affairs.
The events I relate, herein, constitute unacceptable behavior on the
part of a group of people. Once one realizes this, one is faced with a
fundamental decision. Are you going to accept this? The definition of
unacceptable behavior is, after all, behavior that one refuses to
accept or condone. I have consistently refused to accept, or condone, this
behavior - and I have suffered for my stand.
Some day my children will ask me to explain to them, why it is that I have no
mother, no father, no brothers, no friends ... why they have no paternal
grandparents or uncles ... and when they do, I will be able to answer their
questions - in detail, with exhibits.
Naturally there are those whom, reading this, would suggest that I was in
need of some sort of counselling (other than legal counsel, that is).
It's not impossible that they are correct - and yet, if I were to discuss
this case with a hypothetical crisis counselor of some sort, it's likely
that, after reviewing my actions - which are writing about what happened
and seeking tangible resolution - that they would agree that I could do
nothing better than what I am doing now.
One consequence of this insight is that one realizes that those whom would
urge me to remain silent about this matter have motives other than my
wellbeing at heart.
It would probably be wiser to assume that I have already received all the
medical counselling that I may (or may not) require, in order to demand
an accounting. The time has arrived for the accounting. It has been delayed
for over a decade. There is no need to wait any longer.
Some people like to cast accusations that are harder to deny. Witchcraft was
very popular, a few centuries ago ... nowadays, mental illness, which is
equally vague, invisible, and frightening, is used, instead.
Let me assure you - I am not suffering from any mental illness. I've seen a
few mentioned - schizophrenia, and paranoia, seem to be the favorites.
And if I were, this would only indicate that I was incompetent to handle my
own affairs - non compos mentis - and would extend the deadlines for
filing a lawsuit until such time as I was again sane.
There is no pathological behavior, on my part, however - only a pointed
description of a pathological situation, that has come into being through
sustained oblivion, on the part of sundry individuals ... whose competence,
impartiality, and accountability are being publicly scrutinized, and whose
best defense against charges of incompetence is, apparently, to attack the
source, and to try to erode the credibility of their opposition.
As for schizophrenia - one charge which a few correspondents have deployed -
I've read Gregory Bateson's theory of the double bind (while studying
cybernetics), and I've read other studies that refute the memetic aspect,
and argue, instead, for changes in brain chemistry.
While researching this article I discovered another interesting link,
discussing the diagnosis of mental illness through analysis of problem
solving algorithms, as represented in the Prolog programming language.
As can be seen, it's just not that simple to diagnose mental illness.
And there are serious questions to be asked of anyone whom arrogates, to
themselves, the capacity to remotely diagnose schizophrenia.
It's all very fascinating ... but totally irrelevant to the objective
facts of the matter at hand - which are fraud, perjury, and conspiracy.
Sure, it's an old trick to erode your opponent's credibility, by ...
- (a) suggesting your opponent's behavior is the product of
mental disability, while
- (b) trying to provoke them to lose self-control, IE, to
become angry in public, in response to (a), so that
- (c) they will be seen as emotionally unstable by third parties.
Lawyers rely on this so frequently that it has lost most of its effectiveness.
It doesn't work any more, except on those who are not expecting it - much
like purse-snatching, rape, kidnapping, and other forms of premeditated
criminal assault.
Unfortunately, as noted above, individuals making such remote diagnoses,
while not lacking, tend to universally lack the required formal
qualifications - as well as the ability to articulate the specific symptoms
which informed their remote diagnosis ... without any sort of examination of
the patient. They often don't even know what the DMS-IV is. 'Nuff said.
Lacking evidence to the contrary, it is not unreasonable to suggest that
people intent on promoting themselves to the position of licensed medical
practitioner, able to diagnose (although not treat) psychiatric diseases,
are probably, themselves, in greater need of psychological counseling, than
I will ever be.
... As for paranoia, I can show you the electronic mail I received, a few
weeks after I first posted an earlier version of this article, on
www.craigslist.org; it had been
forged to appear as if it had come from the
Craigslist mail server ... and contained an implicit threat.
Or I could show you the (forged?) electronic mails I received from
wellsfargo.com, implying
that someone was trying to use the bank account that my paycheck was
deposited to, when I was an employee of Oracle Corporation,
to get a commercial loan - incidentally confirming that confidential
employee data was leaked by someone within Oracle Corporation's
Human Resources Department, recently.
No, this article is definitely not the work of a damaged mind. The attempts
that have been made to portray this situation as anything other than fraud,
perjury and conspiracy are best regarded as failed attempts at damage control -
a last-ditch attempt at misrepresenting a grotesque foul play, in the game of
life, by a pack of liars and cheats ... whose game is up.
It seems fair to say that the playing field was tilted, to give an already
larger opponent, an unbeatable advantage. In retrospect, this is noteworthy,
because it is suggestive that the stakes were higher than might, at first,
casual examination, seem possible.
My charge is quite serious. I have been defrauded of a fair hearing before
a jury of my peers.
I have absolutely no motivation to remain silent ... and I have every reason
to demand a retrial (to say the least).
Indeed, I'd be crazy to do anything else. And - who knows? - perhaps I was.
I was certainly numb with pain ... and so angry I was unable to speak about
what had happened, for years.
I have been looking for the right words, for over ten years - and I'm still
looking, even today. This is only a summary.
The Zealots
For several years - including the period that I was at Oracle - I was
responsible for voluntarily administering the BITNET mailing lists
UUS-L and, later,
QUAKER-L.
Although raised as a Unitarian-Universalist, myself, I was
comfortable in this dual role, as I had much in common with both groups,
including an interest in religious matters, and an abiding commitment to
freedom of speech and thought (which has found its greatest fusion,
amongst those of a like mind, here in North America, in the Boston-based
American Friends Service Committee).
The events I describe, below, make
Martha Stewart look like an amateur.
Successfully perpetuating frauds that sustain the passage of time
requires a large group of people with familial ties - blood relatives,
cellmates, members of a military unit, or something equally compelling.
Here we have a story of employees repeatedly willing to risk prison. It's
worth asking: why?
It's probably relevant, here, to note that the Oracle Corporation got its
start as a spinoff - presumably funded by United States taxpayer dollars -
for the United States Central Intelligence Agency (CIA) - writing
database software. So when I refer, in this article, to relationships
between the company, and The Company (as well as its brethren, around
the world) ... it is a simple observation of fact.
~8~
Maybe that's a good place to start.
I started working at the Oracle Corporation in 1991 ... and, a month or so
after I started working there, I was nearly fired for what can only be
called political and religious reasons, related to my naive belief in the
freedom of United States citizens in general, and the Internet in particular.
In order to understand these events, let's go back in time, to before I ever
worked at Oracle.
A few years before my resume had ever been submitted to Oracle's MIS
Department ... one rainy evening, after listening to one program too many
of conspiracy
theory, from nearby radio station
KFJC, I had created the USENET newsgroup
alt.conspiracy.
Now, let's fast-forward to the point where, several years later, I applied
for employment at Oracle Corporation.
At the Oracle Corporation there was a commitment to freedom of speech.
Not just a verbal contract, but unfiltered USENET newsfeed, for instance,
were some of the things used to attract people to work there, in 1991.
Oracle*Mail mailing lists included not just technical lists but also lists
dedicated to politically and sexually charged topics, such as gay and lesbian
interests.
Internally, the Oracle-based mail product, Oracle*Mail, was used
by the entire company, its contents were backed up with machine-like
regularity one or more times a day, and one of my coworkers - Ricardo
Rivera, a senior database administrator - occupying the office two or
three doors up the hall from my office, in 4OP4 (400 Oracle Parkway, 4th
floor), just above the data center (4OP3), classrooms and security (4OP2),
and cafeteria (4OP1) - was its primary administrator.
One day, after handling a TAR (internal slang for Technical
Assistance Request) calling for the installation of
trn(1) on a SunOS server, the first newsgroup I tested
was alt.conspiracy - I wanted to see how my creation was doing.
Denial Of Service
Imagine my surprise when I found a huge furor over something called
Holocaust Revisionism
... and a lot of effort going into censoring, by
mailbombing
- umm, that's
electronic mail bombing, to be precise, what we
nowadays call a DoS, or
Denial of Service
attack - the source of this forbidden reading material.
Did your blood pressure just go up? I know how you feel; maybe better
than you do.
Oy vey. Don't these people have better things to do with
their time?
The furor seemed to be over a few references to books by
Robert Faurisson and
David Irving,
from a person (whom, it later turned out, was about 16 years old), posting to
USENET.
However, the bullying was mercilessly coordinated, across state boundaries,
by at least three individuals, all adults, located in
Massachusetts (Barry Shein),
Florida (Danny Keren), and
Oregon (Jeff Frane), as I recall.
Jeff, if I recall correctly, played an important part, by working with local
individuals to identify the 16-year-old by (apparently, illegally) accessing
telephone directory information - which allowed these individuals to identify
the owner of the unlisted telephone number associated with the UUCP node from
which the materials were posted, and carry out, I would assume, additional,
more direct forms of persuasion.
Because Barry Shein,
in Boston, seemed to be the
chief
bully (for lack of a better term), I wrote to him (as is frequently
the case, amongst peers), suggesting, via email, that the USENET - not to
mention the whole United States - was founded on the principle of
freedom of speech
(not to mention freedom of the press), and that he should give it a try.
Electronic Terrorism
His response, to make a long story short, was to directly contact at least a
dozen individuals
(in the words of
Steve Zoppi, the Director of Oracle's MIS Department, at the time)
at Oracle Corporation and compel, coerce, or inflame these anonymous
intermediaries into contacting Steve - and demanding that I be immediately
terminated.
(The names of these dozen, or more, brave individuals remains unknown,
even today, leaving me with the impression that none of these people had the
courage of their convictions ... and that they are, fundamentally, cowards,
as well as bullies. ...
As for Barry Shein, I believe he is a
strong candidate for any awards that might be intended for the inventor of
the Denial of
Service (DoS) concept. ... But I digress.)
After Barry Shein did this he sent
me an electronic
mail suggesting that I would not be at Oracle Corporation long
enough to even read the
electronic mail containing the information that I would not be at
Oracle Corporation long enough to read the
email -
predicting, in retrospect, my immediate termination, without cause, as
initiated by his covert actions - what we, here on the West Coast, would
call
blind-siding ... bush-whacking ... premeditated economic sabotage
... or, perhaps, an act of
terrorism.
It seems likely that he called me
anti-Semitic.
Steve Zoppi, the Director of Oracle's MIS Department, was the one
who told me that at least a dozen individuals had contacted him, within
Oracle Corporation, each demanding that he, Steve,
immediately terminate me ... when he met, with me, and
my manager - Patricia McElroy - in his office, with the door closed.
One of those so demanding my termination, I was told, was Larry
Ellison's left-hand man,
Robert Miner
... the person that
Steve Zoppi reported to, every day.
Steve wanted to hear my side of the story; and I told him my version of events.
He acknowledged that he understood my perspective. Steve told me that he did
not think that my offense warranted termination - and that he did not want to
be involved in an unlawful termination lawsuit.
Steve told me that he was Jewish. I slowly gathered the impression that, shall
we say, a statistically improbable percentage of the population of Oracle
Corporation (which numbered around 5000 at the time) was Jewish; a fact
which would be difficult to prove, without prior and intimate knowledge, and
which, as we will see, has profound implications.
Defining Judaism
And what is Jewish, anyway? In my position, as neutral observer, I
have been given a golden opportunity to help refine this definition.
I have spent over a decade contemplating
this question. Taken chronologically, the word Jewish can be
interpreted as ...
- [1] a specific set of pagan tribes,
- [2] a specific set of monotheists,
- [3] members of an ancient civilization,
- [4] members of a specific culture,
- [5] members of a specific series of gene lines,
- [6] students of the Torah,
- [7] Zionists,
- [8] victims of The Holocaust,
- [9] the majority population of the state of Israel,
- [10] Ashkenazi,
- [11] Sephardic,
- [12] Orthodox,
- [13] Reformed,
- [14] native speakers of Hebrew,
- [15] native speakers of Yiddish.
That's not a complete list - but it does identify anthropological,
archaeological, cultural, religious, genetic, political, psychological,
nationalist and linguistic dimensions as critical to the definition of the
term ... and nine dimensions is about three times more than most people can
hold in their head ... a small indicator of the complexity of the
identification - not even taking into account all the shadings and
permutations implicit in a matrix possessing nine [or more] major
dimensions.
When all is said and done, however, it's clear that it is a club
whose membership is limited to those whose mother was a member of the
club - those are the rules and that's final.
Perhaps this is, in no small part, why it would not be inaccurate to
describe this club as the largest dysfunctional family in the
world. Its battles with enemies - real, imagined or invented - on the outside
are nothing, I surmise, compared to its internal schisms.
A Virtual Nation
Some members of this club have recently made an attempt to create a
state, relying on their club's reputation for intellectual capacity
and political leverage - as well as the collective guilt of the last world
war's victors - to bring this state into being ... coincidentally, close to
the largest accumulation of crude oil in the world.
What these statesmen perhaps, have failed to realize is that
Israel - the people, not the land - can be seen as the world's first
successful virtual nation - like a multinational corporation, it has
no boundaries, and its assets - its people - are distributed, around the
world. By gathering these assets into one location, these statesmen are not
making Israel stronger - they are making themselves stronger, and Israel,
more vulnerable.
It is my analysis that Israel's perceived weakness - its distributed
nature - is actually its greatest strength - because the hybrid vigor that
results from the constant exchange of genetic material and ideas with their
hosts has, over the centuries, given the Jewish people - as mentioned above
- a vast repository of capable, well-rounded people, and a well-deserved
reputation for physical stamina, and intellectual and political brilliance.
In defense of the United States, however, Israel hardly has a handle on
vigorously hybrid populations - the United States offers far more
opportunities for hybrid vigor to occur, and for this reason can be expected
to continue being a predominant force in intellectual and commercial circles
for another century or more, to come - by this reporter's estimate - so long,
that is, as the US continues to absorb, and accept, the best, the brightest,
and the strongest ... free of the sort of bigotry I describe, herein.
If we assume that, like any other population, those whom identify as Jewish,
when their characteristics are mapped statistically, distribute along the
lines of a
bell curve ... then we can infer, from the reputation for artistic
attention to detail, medical and intellectual brilliance, and a historical
dedication to healing that individual members of the culture have contributed,
at one end of the bell curve, that there are also members of this population
whose dedication to hurting and hatred is as correspondingly great - a
mafia, for lack of a
better word ... and that, in the middle, as always, are the hapless majority,
indifferent and oblivious to the larger issues of the day.
And there, in a nutshell, you have Judaism; a house divided, and sorely in
need of healing.
Is This A Hate Crime?
Although I did not know it at the time, I had kicked open an ants' nest of,
shall we say, hatred, amongst those of my peer employees who
were Jewish ... and even, I surmise, a majority of my coworkers.
The question has to be asked: Does Oracle Corporation's
employees' collective behavior - motivated, as it was, by hatred and
maliciously provided disinformation - constitute an
hate crime?
At this time, the question has yet to be answered.
(This collective behavior almost certainly had a lot to do with what happened
to me, a year later, not too long after
Steve Zoppi left Oracle; but these details come later in this
narrative.)
It would be easy, I suppose, at this point, to dismiss me as
some sort of racist. You would be getting closer to the truth - this story
definitely involves a form of racism. But I am not the source.
The fact is that as a member of the San Francisco Unitarian congregation,
I am probably something of a
judeophile, or philosemite, rather than a
judeophobe, or antisemite
(whatever a semite is). I have been attending common Thanksgiving
services with the congregation of
Temple Emanu-El
since I first became affiliated with the
San Francisco Unitarian Church, in
1972, at the age of 10.
My foster daughter is half black, and half Indian; my children are half
Cantonese. I, myself, am a descendant of Hungarian, Irish, Scottish, English,
German, Cherokee, and Jewish peoples. I'm about as American as one can
get, genetically, culturally, and historically speaking.
If I were seriously in favor of racial and cultural homogeneity, I'd have to
address the thorny problem posed by my own existence.
So much for absurd and prejudicial conclusions.
And now, back to our story.
After I had showed Steve a copy of the
electronic mail
I had received from the
Chief Bully, boasting to me that I was now unemployed, Steve told
Patricia and I that he was going to stand up to his boss - Bob Miner -
on this one, and that he did not want Oracle to be involved in another
lawsuit.
Indeed, a few months before - this would have been August of 1991, I think -
when I had been taken on an initial tour of the Oracle Data Center, I had
noticed hundreds of reel-to-reel computer tapes, in boxes and piled up all
around the Data Center, stacked in spare corners here and there. Concerned
about offsite storage policies and the integrity of the data on the reels, I
had asked about it, and had been told that they were backups related to a
lawsuit, filed by some of Oracle's stockholders, against Oracle Corporation.
Now that I know more about Oracle's approach to resolving legal conflicts,
I wonder whether they were rewriting the tapes to contain the data
needed, in order to bring in a positive verdict.
Steve wasn't just representing his own interests here; he was representing
his entire company's best interests here, because, as it so happens, that
email did
end up as Exhibit #1, if I recall correctly.
Steve said one other thing of importance to this story. It took several
years for me to understand the full implications of what he said ...
He said that this campaign against me reminded him of the
Jewish Defense League.
In retrospect, I think he was trying - circumspectly - to give me a warning.
And for that - among other things - I thank him; he taught me that
Jewish does not equal Jewish Defense League, and
that is a very important lesson, for everyone.
Ten years ago the JDL was just another
AIPAC, to me. The Jewish Defense
League, at that time, had not been formally identified by the FBI as a
terrorist organization.
It was not until after the JDL tried,
and failed, to
bomb a California congressman, a few years later, that the
Jewish Defense League came to be listed
as a terrorist organization, leading to the imprisonment, and
mysterious death [or was it? - there are rumors to the
contrary] of
the leader, Irving Rubin, while in prison. But, I digress.
Remember: Google.
An NGO Of A Different Stripe
Why Bob Miner, founding partner of Oracle Corporation and VP
of Networking, would follow the orders of someone three thousand miles away,
working for an entirely different company, is a topic that, at this time, has
largely been unexplored.
It seems reasonable to suggest that if Bob Miner accepted instructions
from outside Oracle Corporation regarding candidates for termination,
that Bob would also be receptive to suggestions from outside Oracle
Corporation regarding candidates for promotion, or employment - and in a
position to see that they were carried out - leading to a situation that
might be in Bob's favor, but not necessarily in Oracle's best interests.
One hypothesis which has been advanced and which offers a consistent, though
disturbing, explanation, is that both Bob Miner and Barry Shein were
members of some organization, perhaps military or paramilitary in nature,
that imposed discipline - and, in this organization, Barry Shein outranked
Bob Miner.
It might be easier to assimilate this concept if you think of it as yet
another NGO, or Non-Governmental Organization.
After all, GreenPeace organizes to
achieve political ends, across international boundaries - why shouldn't
those with stronger motivations, better funding and fewer scruples do the
same?
Bob Miner's Death
Regrettably, Robert Miner - founder of Oracle Corporation and VP
of Networking - died, from an exotic form of cancer ...
in 1994, just a
few months after the complaint, describing the events at Oracle Corporation,
had first been filed with the DFEH. That is, the complaint was filed on
July 13th, 1994 ... and, four months later, Bob Miner was
dead,
of cancer.
It's not clear if his death would make answering these questions harder ...
or easier ... although the rareness of the form of cancer that killed Bob
Miner, not to mention the date of its first diagnosis, may cast some light
on the improbability of Robert Miner's passing.
Larry Ellison has been quoted in the press as saying that Bob Miner's
death did not need to happen, if I recall correctly; food for much
thought, there.
Political Surveillance
Although I was numb with pain, and oblivious to current events at the time -
and no one ever drew it to my attention - I was not the only one receiving
this sort of outrageous treatment.
In San Francisco newspapers there was a
furor over the discovery that the
Anti-Defamation League, or
ADL, had been purchasing the contents
of the San Francisco Police Department's political surveillance
databases.
I suspect a lot of important questions in this case were never asked.
For instance:
- What operating system(s) were in use at the San Francisco office
of the ADL?
- Which database server(s) were in use at the San Francisco office
of the ADL?
- Was the ADL using Oracle ... Sybase ... or Microsoft SQL Server?
- Did the ADL have technical support contracts? Who paid for them? How?
- If not, was the ADL's technical support donated; and, by who?
- If the server was in another state, didn't this cross state lines?
- Does the ADL back up its data and if so, how?
- Does the ADL possess multiple dtabase servers?
- If they have multiple database servers, do they use database replication?
- What guarantees have been offered that the data was not distributed
elsewhere?
- What safeguards exist to protect this data from having been shared, or
copied?
(After all, it's trivial to copy backup tapes.)
Personally, I suspect there's a lot more information, waiting to be
exposed.
The Incorruptible Judiciary
One of the people that the Anti-Defamation
League had tagged as
anti-Semitic was the wife of
Paul 'Pete' McCloskey
- a military veteran, a lawyer practicing in Redwood City, California,
and a former United States Representative, elected to Congress - apparently
as a result of her opposition to Israeli apartheid - which was, it seems,
interpreted as support for the Palestinian cause, hence, opposition to Israel.
Mr. McCloskey represented his wife in a defamation suit against the
ADL, and, after ten years, prevailed;
not monetarily, no, the rewards barely covered his time and expenses, but he
did succeed in establishing the astonishing fact that the judge hearing
his case against the ADL, in Los Angeles, was actually the chairman of
the Los Angeles branch of the Anti-Defamation
League ... and had refused to excuse himself from hearing a case
involving what was an obvious conflict of interest.
The exact relationship between the JDL
and the ADL is largely undocumented ...
but I believe that it would be fair to infer that one exists.
It would be easy to dismiss my conclusions ... but in order to do so, you
will have to ignore the fact that the International Jewish Peace Union
agrees with my analysis.
~8~
The Accusation
It was perhaps a year later, not too long after Steve Zoppi left for
Adobe Systems,
and our department was without oversight, that I was accused, by a
female coworker - Betsy Guala - of sexually harassing her ...
via electronic mail.
To make a long story short (the details are readily available in the
complaint I filed with the California
DFEH), while Oracle
Corporation's Human Resources Department moved quickly to interview me,
they refused to provide any resolution to the accusations, even going so far
as to say that there was nothing in writing; apparently, the Manager
of Human Resources - Michael Satterwhite - had not asked to see the
offensive electronic mails, and never, apparently, demanded them
from Betsy Guala, the young woman making the allegations.
(Here we see the majestic rule of law at work, within Oracle
Corporation; beautiful, ain't it?)
While no resolution was provided - no, it was deliberately withheld -
over a period of three or four months, people were free to gossip - and, from
all indications, they did. Whatever peace of mind I might have had was
constantly being undermined by my coworkers' relations with me, which were
strained.
However, in subsequent legal proceedings, Oracle denied I had ever
been accused of sexual harassment - and challenged me to prove otherwise.
It seems reasonable to ask: if this is true, would it be fair to characterize
the entire proceeding at Oracle - carried out by Oracle management - as a
fraudulent one, and if so, would
California Civil Code, Sections 3294(b) and (c) apply?
(b) ... With respect to a corporate employer, the advance knowledge and
conscious disregard, authorization, ratification or act of oppression,
fraud, or malice must be on the part of an officer, director, or managing
agent of the corporation.
(c) As used in this section, the following definitions shall
apply:
(1) "Malice" means conduct which is intended by the defendant to
cause injury to the plaintiff or despicable conduct which is carried
on by the defendant with a willful and conscious disregard of the
rights or safety of others.
(2) "Oppression" means despicable conduct that subjects a person
to cruel and unjust hardship in conscious disregard of that person's
rights.
(3) "Fraud" means an intentional misrepresentation, deceit, or
concealment of a material fact known to the defendant with the
intention on the part of the defendant of thereby depriving a person
of property or legal rights or otherwise causing injury.
The Suspension
In January 1993, a week or so after receiving a bonus for the previous year
(one that was, in retrospect, incredibly small - I think it was 2% of my pay
for the last year), I was compelled, by the same manager of Human Resources
whom had presided over this three-to-four-month-long drama - Michael,
AKA Mickey, Satterwhite - to take a psychiatric medical leave.
This move may have led to his own termination, a few months later - as, I
later discovered, there was another plan being put into action to justify
my termination ... which his hasty actions, it seems, interfered with ...
and, apparently, a few months after I was terminated, Michael
Satterwhite was no longer at Oracle Corporation, either.
As for why Michael Satterwhite was never deposed ... more about that,
below.
The Accident
While I was enduring this compelled medical leave - wondering if this
would end up in a lawsuit (about which topic, at the time, I knew nothing)
my elderly stepfather - Leon Edward
Salanave - fell in front of a truck, one morning,
as he was walking across Geary Street, here in San Francisco ... and was
dramatically hurled through the air, and against a lamp post ... eventually
dying, after three days of intensive care.
As a member of Oracle's
Emergency Response Team (ERT), I received training in CPR, and
firefighting, but none of it prepared me for Leon's many injuries.
It's instructive to itemize the wounds, just to get a feel for the
energy involved in this particular pedestrian accident.
- One leg had been amputated, because of a gangrene infection.
- His cranium was cracked in several places.
- He was, of course, in a coma.
- He had a large number of other fractures, breaks, and contusions.
- And he was covered with bloody bandages, every inch of him battered,
bruised, bleeding and swollen to twice his normal size.
The Probability
I personally do not believe that Leon's death was an accident.
Consider, for a moment, the proximity of these events in time - all of these
events occur within a few days of my being placed on medical leave (during
which time I am likely to be consulting with a lawyer, naturally).
- Suddenly, my brother - an employee of Oracle - turns against me.
- My girlfriend, who is suffering from a diagnosed mental/emotional
illness, suddenly files for a restraining order - a process which, it
later turns out, is riddled with fraud and misrepresentations, from head
to toe - including the covert deletion of Lee Baxter's questions
regarding the plaintiff's mental condition, from the hearing transcript.
- My stepfather falls in front of a truck - accidentally,
of course.
- ... And then, after I return to work, I get fired - another
process which, it later turns out, is riddled with fraud and
misrepresentation, from head to toe.
Is there a pattern here? It's hard to say. However, it is inarguable that,
if we apply
Occam's Razor - The simplest explanation is probably
the right explanation - to this sequence of events, we are left with
the uncomfortable conclusion that the simplest explanation is that these
events are connected, and that while it is not impossible that these
events just happened ... that it is statistically improbable.
The fact is that it is highly improbable that all three of these events
just happened, independently of one another. Not impossible - but unlikely.
And, let's face it - employees of the Oracle Corporation certainly
knew where my family lived ... interested individuals had everything they
needed, in my Human Resources file. Emergency contact names, addresses,
telephone numbers - a carefully prepared list of who I cared about, and who
cared about me.
While I was holding my stepfather's
hand, and feeling his pulse fade ... my brother,
Thomas Childers, was
hard at work, for Oracle Corporation.
Yes, that's right - my older brother, Tom, also worked at the
Oracle Corporation. Tom had received a $1000 bonus for referring
me to the Oracle Corporation.
He was under a deadline, he said; perhaps in line for a raise, or a bonus,
or both, I now surmise.
But for whatever reason, he was not at my stepfather's bedside. He was at
work.
~8~
The Termination
Again, we will fast-forward this story by saying that when I returned to
work, some weeks after my stepfather's death ... I was terminated, after
about two days, for having been unproductive, over the previous weeks.
Casual analysis of the period under question - the two weeks between when I
had received a year's end bonus, and when I had been put on suspension -
shows that the period in question is about two or three weeks long - hardly
long enough to provide metrics to substantiate such a claim.
Here we see, exposed, the sheer bad faith that drove my termination ... as
the same Manager of Human Resources who had refused to provide me with closure
now punished me for having dared to ask, by terminating me, for grounds which
he had engineered, and which had no basis in reality.
No grounds were ever offered to substantiate these claims, of course, even
though Oracle Corporation has a comprehensive technical assistance
request (TAR) RDBMS, based upon Oracle Corporation's own
products, and backed up by Oracle Corporation's own Data Center.
No metrics supporting this allegation were among those documents turned over
to my attorney, after subpoena, and none were ever offered or referred to.
The question of whether the Oracle Corporation backed up this sort of
data and might be withholding it never, apparently, was raised.
Indeed, throughout the entire proceeding, I was struck by how complacent
the San Mateo Superior Court was; although I had to admit that the filings
of the Oracle Corporation's Legal Department, as well as their
counsel - Brobeck, Phleger & Harrison,
of San Francisco - were very impressive, with tables of contents and
indexes that made even the most specious lines of reasoning seem very
well thought out, indeed.
For instance, in hearings, the Oracle Corporation's legal team had
the chutzpah to deny that I had ever been accused of sexual
harassment, and challenged me to prove otherwise.
Of course, there was nothing in writing, as Michael Satterwhite had
indicated to me, verbally. There was no testimony from Michael
Satterwhite; he had left town for a vacation just before he had been
subpoenad.
Equally Merciless
Oracle was equally merciless in its requirements of Brobeck's legal staff.
When a junior member of the legal staff at Brobeck, Phleger &
Harrison failed to immediately achieve a dismissal of the case - a young
man by the name of
John Scalia (reputedly related to
Justice Antonin Scalia, of the United States Supreme Court) - he was
mercilessly dismissed.
And so Oracle prevailed ... and the case was dismissed, before a trial had
even occurred.
Legal Maneuvers
So when you hear people say that Martha Stewart should have kept the
case from going to trial, what they are referring to are these sorts of
maneuvers, which can be used to facilitate keeping the
unspeakable from seeing the light of day.
As noted, the [now former] Human Resources Manager for Oracle
Corporation, Michael Satterwhite, was unavailable to refute these
bald lies; when the subpoena had been served upon him, in early January, he
had just left for a two-week vacation in, of all places, Paris
- which, in January, is cold and wet - and wouldn't be back, of course, for
two weeks.
It's not clear why my lawyer, or the court, did not order a two-week delay
until he got back - but it's a fact that Oracle Corporation's former
Human Resources Manager, Michael Satterwhite, has never been
queried, under oath, regarding his actions, motives, and under whose
direction he had been acting when he stonewalled the investigation, and
oversaw my subsequent termination.
A Perfect Blank
In fact, of the nine individual defendants named in the lawsuit, each of
whom had been directly involved, only one - Alan Tottle - was ever
subpoenaed - not even a statement was issued by the other eight.
It was all handled by lawyers and corporate executives.
But even Alan Tottle, the new VP of Networking, whom had allegedly
ordered my termination - when under oath - didn't recall a single thing about
the events that had transpired, only three years before.
In fact, it would be fair to say that Alan Tottle's mind was a
perfect blank, where the topic of my termination was concerned.
The number of I don't recall's was astounding.
Apparently, Alan Tottle did not keep an executive diary - which, I
have since learned, is expected of corporate executives, in due diligence
cases. And so serious questions regarding whether due diligence was,
and is, being exercised at Oracle Corporation, can be asked, as well.
Missing Lisa
I understand that Lisa Cussary was also subpoenaed, but that Oracle replied
that she no longer worked at the Oracle Corporation.
That may or may not be true ... however, when, some time later, I called the
extension at Oracle which had, years before, been associated with Lisa Cussary
- 506-2421 - the recording said that the extension belonged to someone who
called themselves Lisa Brown [or Braun] ... and I am sure that
I recognized the voice as that of the person whom I knew as Lisa
Cussary.
Perhaps it is here in this narrative that we see the germination of the seed
of what flowered into what, I infer, was distrust, on the part of the Board
of Directors, that led - I infer - to Larry Ellison being offered a choice:
resign, or have it put to a vote (at which point it would go on the record).
Unsurprisingly, I infer, Larry Ellison chose to resign, as Chairman of the
Board.
Unsurprisingly, I do not regard that as adequate compensation for my troubles.
Null And Void
Oracle Corporation's Legal Department claimed that under California
law I could be terminated for any reason, or no reason at all. This apparently
superceded California's, and even Federal, constitutional guarantees regarding
due process.
The judiciary, whom are themselves, as partners in large law firms,
employers, seem to find this line of reasoning alluring ... and so, it seems,
this has become an effective mechanism for rendering much common sense legal
reasoning null and void, in the workplace.
A retreat into petty feudalism has occurred, here in California, instead,
turning each private employer into a tiny fiefdom, where the rule of law is
suspended, instead of a part of the state of California, and the United
States, where citizens receive equal protection under the law.
And now, back to our story.
~8~
If you got bored and quit reading, that's your loss - because here's where
it gets interesting.