Sunday, August 1, 2010

Letter From a Lawyer And My Reply

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


Email to John C. Hegarty

Dear Mr. Hegarty:

I just received the message below, with your name but from the email address . I am responding to the listed email address of John C. Hegarty, associate, at the website of the Jasinski law firm.

If I am supplied with information about the registration of Wrestlers Rescue as a charitable organization, and/or information about funds received and paid out, I will immediately publish the information on my blog.

Note the correct spelling of my name.

Sincerely,

Irvin Muchnick


***************

July 27, 2010

Via

Webhost

RE: Wrestlers’ Rescue

Dear Mr. Munchnick:

This law firm represents Wrestlers’ Rescue and its individual officers. We have been asked to write this letter to you to address the false statements contained about our clients on your website.

On or before July 22, 2010 , you have and continue to publish articles and or blogs on your website http://wrestlingbabylon.wordpress.com/, which you alleged that money has been misappropriated by Wrestlers’ Rescue and/or its officers. The statements are untrue and defamatory. These statements were part of a calculated campaign to falsely spread propaganda in an effort to damage the credibility of Wrestlers’ Rescue and its officers. Your publication of these statements, without regard to their truthfulness, is libelous and seeks to willfully injure for personal pecuniary gain. As such, your comments are defamatory per se. Your website and corresponding blogs also constitute tortious interference with the business and contractual relations with Wrestlers’ Rescue and its officers. As such, your conduct is actionable and exposes you to the imposition of compensatory as well as punitive damages.

To avoid a lawsuit, we demand immediate retraction from your website of these false and libelous statements. Wrestlers’ Rescue demands that your retraction and correction be accompanied by a statement on your website in which you specifically repudiate your libelous statements.

This letter is your sole opportunity to remedy the injustice perpetrated upon each of these facilities by your actions. Failure to remove this information no later than Friday, July 30th from your website and blog, publish the requested retraction on your website, and cease and desist from the aforementioned comments about Wrestlers’ Rescue, will result in a lawsuit against you. Any such legal action will be accompanied by an Order to Show Cause demanding the immediate removal of the defamatory material from your website. Please govern yourself accordingly.

Sincerely yours,

JASINSKI, P.C.

JOHN C. HEGARTY

C:\Documents and Settings\john\My Documents\wrestlersrescuedefam.doc
Dawn Marie

Wrestlers Rescue
1162 Saint Georges Avenue
Suite 313
Avenel, NJ 07001
Office: (732)548-5875
Cell:(908) 565-0388
Email: WrestlersRescue@aol.com
Web: http://WrestlersRescue.Org

Dawn Marie Denounces Reports Questioning ‘Wrestlers’ Rescue’

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


Wade Keller of Pro Wrestling Torch forwarded to me the statement below. Dawn Marie is silent here on whether Wrestlers’ Rescue is a registered charity or she will open its books for a professional accounting.

Irv Muchnick


*****

An Open Letter from Dawn Marie

On behalf of myself, the Wrestlers’ Rescue organization, and the many volunteers and donors, I’d like to strenuously deny and condemn the false and baseless defamatory statements currently circulating concerning an alleged investigation and or corruption in Wrestlers’ Rescue. Not only are the accusations false they contain no merit and they are disrespectful to the volunteers who have invested their time, energies, and hearts into helping former professional wrestlers in need.

These statements (most of which appear to have begun following comments made by Mike Aldren) are defamatory and contain no basis or fact. These unfounded false allegations have put at risk our efforts to help the former stars who currently face major personal, medical, and financial crises. The damage these falsehoods may have done to real people (not wrestling “characters”) is immeasurable.

I am currently weighing options for an appropriate and comprehensive response. When I have decided on my best course of action, as well as exploring legal options on behalf of both myself and Wrestlers’ Rescue, I will address all allegations.

A full and complete refutation of all false claims will accompany our forthcoming formal response, in the courts and/or other venues. More importantly, though I wish to express the anger I feel that for the sake of a few web hits and some false ego-gratification, all those who spread his falsehoods as “truth” may have put at risk Wrestlers’ Rescue’s attempts to aid good and well-loved people facing enormously difficult circumstances. Unfortunately, internet rumor mongers feel that they can tarnish people and an organization’s reputation without any evidence and still have impunity. It is truly shameful that I must even dignify these individuals who have nothing more than time and a computer, to address these harmful and baseless allegations.

I give thanks to all my friends and colleagues who have called and written to express their anger at this attack and their support of me. It is for people like you and not the Mike Aldren’s of the world that Wrestlers’ Rescue exists and will expand.

Dawn Marie

Yo, Congressman Anthony Weiner of the House Judiciary Committee

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


The questions below were emailed to Congressman Anthony Weiner on July 8.

Give me a tinkle, Tony.

Irv Muchnick

*****

* Dr. Joseph Maroon was among the National Football League representatives who testified before the Judiciary Committee last year in hearings that blew open the concussion issue and spurred the league’s shakeup of its committee. Can you comment on Dr. Maroon’s testimony and in what measures you think, as a result of that testimony, he is part of the NFL’s past problem on brain injury policy and can be a credible part of its future solutions?

* Since Dr. Maroon is also medical director of World Wrestling Entertainment, can you also address whether the Judiciary Committee should and will do a parallel probe of brain injuries in the pro wrestling industry?

Latest on NFL Concussion Policies

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


“N.F.L. Asserts Greater Risks of Head Injury”

Alan Schwarz, The New York Times

http://www.nytimes.com/2010/07/27/sports/football/27concussion.html?_r=1&hp

What makes Schwarz’s reporting on this subject so valuable is that The Times has given him a beat, which affords narrative continuity.

A new poster in locker rooms warning players of concussion risks “is a glaring departure from words used by the league’s old concussion committee, whose comments and research that played down the evidence of concussion risks eventually led to its chairmen’s resignations,” Schwarz writes. But the reversal by their successors, Dr. H. Hunt Batjer and Dr. Richard Ellenbogen, “is not necessarily complete.”

Several weeks ago Batjer and Ellenbogen were talking big about cleaning up the Augean stables of the league’s discredited concussion committee and culture. But spokesman Greg Aiello acknowledged to me that the only stipulated changes on the committee were in the “leadership.”

Pittsburgh Steelers neurologist Dr. Joseph Maroon, who testified before Congress last year, remains on the committee. Maroon is also the medical director for World Wrestling Entertainment, and in light of new developments, I think those who believe that appointment establishes WWE’s conscientiousness are reading the news carelessly.


Irv Muchnick

More on Dawn Marie ... And Then Back to the Über Carnies

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


Few stories here have resonated with wrestling fans as much as the disturbing suggestion that Dawn Marie Psaltis’s Wrestlers Rescue charity might be a scam (“New York Times Falls for Both the Little Carnies and the Über Carnies,” July 18, http://wrestlingbabylon.wordpress.com/2010/07/18/new-york-times-falls-for-both-the-little-carnies-and-the-uber-carnies/). Here’s an update.

Unimportant by itself in terms of scale, the tale illustrates again a sad truth of Senate candidate Linda McMahon’s pro wrestling industry: its fans not only don’t care much about the well being of the people who entertain them; with a double dose of perversity, they don’t even care about the integrity of a cottage industry specifically built around either caring or pretending to care. This is the real “conspiracy” of wrestling – an unholy alliance between those who scoff at a billion-dollar business and those who practically beg to be scoffed at.

The larger-than-life irony is that the Dawn Marie scoop is not really mine. I was simply passing along some background provided to me by British writer Mike Aldren. To be sure, I would not have done so without reviewing Mike’s primary-source documentation, including some strange emails to him from Dawn Marie and her camp, and concluded that the story was legitimate.

But the point is, I had no idea that the main wrestling news organs had not themselves already shared with their readers at least the outline of the same info Aldren had fed me. This became apparent after I canvassed Dave Meltzer (Wrestling Observer), Bryan Alvarez (Figure Four Weekly), Wade Keller (Pro Wrestling Torch), and Jason Powell (ProWrestling.Net).

Of the four, only Alvarez and Keller got back to me. Alvarez told me that the subject was covered in the new issue of his newsletter. Here’s what Alvarez now says in the July 27 Figure Four Weekly:

Regarding the stories on the Internet about Dawn Marie and her Wrestler’s Rescue organization, and where all the money is going (or not going), I don’t know too much about it.... I don’t know how long ago this was, but I do know that at one point she absolutely was looking to register it as a non-profit, but I don’t know what happened with that. Dawn has a standing offer to come on our radio show and give her side of the story, but thus far we haven’t heard anything back. In the past my producer tried to get her on, before any of this went down, and she never returned any calls. I have spoken to two different people in the last week, one a friend of hers and one who has worked with her at different conventions who probably wouldn’t classify themselves as a good friend, and both were outraged at the allegations, saying she had a great heart, spent a lot of money out of her own pocket to get the thing going, and that this was nothing more than people trying to stir up trouble. Another former associate said they doubted she was scamming anyone but also doubted she was on top of things enough to document and record everything.

Alvarez adds that there “is definitely some verifiable weirdness, however,” when you also factor in an incident (which my blog didn’t get into) in which Dawn Marie circulated an email press release from Access Hollywood, which was obviously doctored, and which promoted the idea that she was in negotiations with a television network and major stars to act in a sitcom.

Pro Wrestling Torch‘s Keller told me, “I have as a policy strayed away from promoting any charitable events any differently than non-charitable events since I’m skeptical and have seen suspicious circumstances over the years.” He said he had talked with Dawn Marie about this cause before she started Wrestlers Rescue, and “she spoke consistently in similar tones about wanting to do this after her career and help fellow wrestlers.”

I don’t have a problem with the generous interpretation of Wrestlers Rescue – which is that, though perhaps pure of motive, Dawn Marie has not exercised professional protocols in operating her would-be charity. But I think Keller made the right point when he went on to note, “A pro wrestling charity should be held to stringent standards, especially something that’s more than a one-time event. There should be proper filings and records. It’s the least you can do if you’re going to ask people to give you money for a cause. Accountability should be a priority so as to encourage more people to give.”

Meanwhile, Mike Aldren in the U.K. has further information about the assistance Wrestlers Rescue was supposed to have given to Steve “Dr. Death” Williams, who died of cancer a few days before the end of last year. One of the defenses of Dawn Marie is that while her outfit may not be sharply run, at least she did her very best by Williams and family. Aldren, however, says he has not been able to confirm that the Williamses received any money from Wrestlers Rescue. According to Mike, Dawn Marie stated to him in a January email, “We are talking with the family and trying to figure out the best way to use the dollars that weren’t used.”

***

Moving right along, Brian Lockhart of the Connecticut Hearst newspapers quoted Dawn Marie in his Vince McMahon profile yesterday without mentioning her, uh, credibility issues. I’m sure Lockhart rationalized this on the grounds that, unlike Raymond Hernandez’s in The New York Times, the Connecticut story did not talk about Wrestlers Rescue. To Lockhart, Dawn Marie revealed that she used steroids during her WWE career.

This highlights one of the annoying lapses of Linda McMahon campaign coverage: a lazy reliance on dueling and contextually worthless carny quotes, while the verifiable facts remain hidden in plain sight.


Irv Muchnick

Linda and Vince McMahon Take Prideful Pens in Hand

[posted 7/27/10 to http://wrestlingbabylon.wordpress.com]


The other day, after columnists Chris Powell and Keith Burris separately slammed her, the Manchester Journal Inquirer gave Linda McMahon space for a rebuttal column. Whatever she is paying Jodi Latina, or whoever ghostwrote the piece, it is too much. The punch line was that, no matter what anyone else might think, Linda is “remarkably proud” of her work at World Wrestling Entertainment.

In what way is one’s pride “remarkable” rather than natural? Does Linda, no less than her critics, find the very concept counterintuitive? This exercise reminds us that perhaps the best argument against McMahon is not a list of WWE crimes against humanity, but simply the stupefying banality of her corporate persona.

As usual, the whole episode reminded me of a story from long ago involving Linda’s mercurial husband Vince.

In July 1991, after then-World Wrestling Federation ring doctor George Zahorian was convicted of pushing steroids to wrestlers (including Hulk Hogan and Vince himself), I wrote a guest column for the Sunday New York Times sports section, which was headlined “Is Pro Wrestling Down for the Count?” (Because of rights issues, freelance articles are not routinely available in the Times online archive, but the piece was republished in my 2007 book Wrestling Babylon.)

The next Sunday it was Vince’s turn, in a guest column headlined “World Wrestling Federation Answers Bodyslams.”

Like Linda in 2010, Vince in 1991 took up almost all of his precious editorial real estate reiterating his pride. His grandfather-promoter, Jess McMahon, “was a proud man.” Jess’s son-promoter, Vincent J. McMahon, was “a proud man, too.” Like his father and grandfather before him, “I, too, am a proud man,” Vincent K. McMahon concluded. He said he was “determined to leave to the fourth generation McMahon, my son, a legacy of which he too can be proud.”

(Son Shane left the company last year. I am not suggesting that there was an estrangement or that it is a Linda McMahon campaign story. Daughter Stephanie, who is also a WWE executive and married to wrestler Paul “Triple H” Levesque, seems to be next in line to run the business.)

To the extent that Vince’s New York Times column had any substance at all, it was in reinforcing the WWF announcement during the week that the company was beginning steroid testing. Vince wrote that he was taking this step “with the public trust in mind.... We feel this new program will be so comprehensive as to be the standard for all professional athletes, leagues and sports. None of you would accept anything less from us.”

The next week The Times ran a letter from a reader in Massachusetts, who panned McMahon’s “saccharine” essay for not dealing with the Zahorian trial information confirming widespread steroid use in WWF. The reader also wanted to know why McMahon didn’t say anything about how both he and Hulk Hogan got out of testifying.


Irv Muchnick

Vince McMahon Talks to Hearst

[posted 7/26/10 to http://wrestlingbabylon.wordpress.com]


“InVincible: WWE Boss McMahon sits down for a chat”

by Brian Lockhart

http://www.ctpost.com/local/article/WWE-s-driving-force-591071.php#page-1

While in Connecticut for my March book tour, I heard that Vince (Mr. Linda) McMahon was negotiating to do an exclusive interview with Brian Lockhart of Hearst newspapers. Lockhart had just written about the abortive investigation of World Wrestling Entertainment by Congressman Henry Waxman’s House Committee on Oversight and Government Reform.

Now the Vince sitdown with Lockhart has happened.

The piece isn’t bad. Neither does it break any new ground. After what seems to be the obligatory lead of any McMahon feature – a throat-clearing description of one of his “soap opera” performances – newspaper readers manage to learn, in somewhat more detail that they probably knew before, that Vince is a colorful and fascinating guy, quite a bit more colorful than his Senate candidate wife.

Unlike The New York Times a couple of weeks ago, Hearst dares to recall Chris Benoit’s double murder/suicide in 2007, which was merely on Time magazine’s list of the most sensational crime stories of that year. Elsewhere deep inside the article, the “mortality rate” of wrestlers, unspecified but said to be “high,” is delicately referenced.

There are certain places the mainstream media still won’t go. Lockhart has yet to delve into how and why Congressman Waxman tanked his post-Benoit investigation of WWE; the Hearst reporter dipped a toe into that water in March but never took the plunge. Similarly, The Day in New London would later break the story of Linda’s 1989 inside tip of a federal investigation of a Pennsylvania ring doctor who was the main steroid connection for WWE talent (including Vince) – but to date hasn’t tackled the still-open questions raised by its own work.

As for the irregular contacts between WWE’s lawyer’s “fixer” husband and one of the star government witnesses in Vince’s own 1994 federal trial ... forget about it. Either read this blog or remain in ignorance. This is worth remarking upon in relation to Lockhart’s new story because he chooses to rehash Vince’s admission, in a 2001 Playboy magazine interview, that he’d hurt Linda by engaging in affairs. One of those affairs was almost certainly with the tampered trial witness, Emily Feinberg, who had been Vince’s secretary.

The same taboo remains for open discussion of Vince and Linda’s odious management of the scandal of a pedophile ring inside WWE.

After Lockhart’s March article, WWE issued a statement saying, in part, “The WWE agrees with [Waxman] that ‘the abuse of steroids presents a pernicious public health threat.’”

In today’s interview, Vince McMahon says, “There’s not much information that you guys know about steroids other than the media is writing hysterically about them, and maybe they should. I don’t know there’s really been any great research you can point to that definitely says this is deleterious to your health or in some cases it helps you or whatever.”


Irv Muchnick