I have a short attention span so I'm sympathetic that not every one will read the over 50 page account here http://alisablogq.blogspot.co.uk/2017/07/dismissed-in-interests-of-justice.html?m=1
The long account got a lot of hits and many fine comments but for those who just want to know if there was any truth to Stef Willlen or Tig Notaro's lies, here's the receipts that show that they absolutely lied about everything. The longer account will provide the evidence of how and why they were able to get away with it rather than being charged with lying to police and perjury.
First "incident" August 29th 2007
Setting: Tsunami coffee shop
Description from Metromix magazine online.
Neighborhood: Silver Lake
4019 Sunset Blvd
Los Angeles, CA 90029
323-661-7771
For this music, comedy, and poetry night follow these instructions: Walk through the door, sign up, wait nervously, get called onto the stage, do your thing, try not to feel awkward
Be warned, crossing back through the stage to duck out early will get you a chorus of raised eyebrows and a few remarks like, "Where are you going?"
I said:
At Tsunami, I saw ex-friend Stef Willen with Notaro - who I'd never met before. I chatted with Willen - the awkward small talk you make with people you don't like anymore hence the ex. I hung around and listened to some poor to middling poetry and some bad to so-so jokes. The night ended as they say, without incident. For nine months, I never saw or heard from either of them and they never saw or heard from me.
What appeals court said:
In August 2007, Notaro and Willen were in a cafe having coffee when Spitzberg approached their table and began to yell insults at them, including fucking dyke, ugly, cunt, and bitch. They ignored Spitzberg, who followed them outside, became more belligerent, and shoved/pushed Notaro. Spitzberg denied pushing Notaro
What witness Sam Consuegra (succinctly) said: There was no activity or fight at all.
Later an investigator for the public defender would go talk to him. Sam seems to have gotten spooked by someone, but he still maintained that no violence occurred
"I didn't see any violence that night."
What Stef Willen would say:
To the court of Gerald Rosenberg she would not say anything about any push but would invent a narrative of verbal displays of jealousy and abuse towards the two. One time I'd pushed Notaro as she tried to stand between us then second time Notaro stood between us two. One time she'd say I said "you need to hear what I wrote to you." Once time she forgot that particularly nasty bit of bullshit. One time she'd say they left after the push in two cars. The next time I was chasing them down in one car.
Later, she'd evade the investigator but would show up again to lie some more to prosecutors. Again, she'd try to create a narrative of jealousy and verbal abuse, and to the prosecutors she'd go along with the lie that I'd pushed Notaro on that night.
Stef Willen's motivations? Most people ask what was the motivation to lie in such an extreme way. I can't tell you the exact reasons. I can't understand it or make any good sense of it.
I don't yet know, and probably will never know, what possessed Stef Willen or Tig Notaro to set in motion the series of life ruining lies she'd tell,but over time, I did find motivation for Willen on her Myspace and elsewhere.
Note the dates: One entry is the day after the restraining order hearing(where Willen could not get herself to lie about any push but would make up other lies.) The other predates the filing of the criminal charge but postdates the discussion with Martha Kelly, where I told Kelly I'd have to sue Notaro for defamation if she didn't cut it out.
So a trip to Aspen and a horse for starters.
During the case, Willen would get more rewards: A Funny or Die Video, winning a writers contest where Notaro and Kroll had ins with those who ran the contest ( John Hodgman at Mcsweeneys, A spot on NPR's This American Life (Where Kroll is a big donor) an LA press award though Willen had nothing to do with writing any press piece.
Also of Note: Notaro forgot her fabrication and would claim to the Investigator and to prosecutors that the shove was inside. Which not only shows that she lied to the court but that Sam was therefore the greatest witness against her, had Alissa Malzman Sterling done her job and insisted we were allowed to mount a collateral attack against the restraining order.
"Incident" Two - Largo Comedy / Night club April 7th, 2008
What I say happened:
From Tsunami to Largo nine months have passed. Nine months: The time it takes a baby to gestate and drop into this cold cruel world. I go to a show at a club called Largo.I saw online that the show I wanted to see was MCed by Notaro, but since I had nothing against her and thought she had nothing against me, I didn't think twice about it. I paid my five bucks, had a beer, and enjoyed the show.
I had no intention of approaching Notaro, but Notaro approached me after the show. Seeing her standing over me at the bar, I instinctively said, "good show." She said, "thanks." Then, with the weirdest look (a mixture of glee and spite if I had to give it a description,) she said, "You pushed me... you pushed me the last time I saw you" She walked away to talk to a woman. I walked over and asked, "Did you just say I pushed you?"
Notaro did the "ready for my check" wave. A man appeared, and she told him, "Get her out of here." I sputtered a few times, and the little guy, I assumed was a bouncer, said, "I don't know what this is about but you've got to go. The artist gets what the artist wants."
Since the appeals court decision doesn't mention the woman( Heidi Feigin - Tig Notaro's talent agent at the time,) standing there part, I'll insert the statements made by Notaro about that:
Most significantly, take a look what Notaro said under oath, at the hearing to get a permanent restraining order.
I WAS SPEAKING TO MY AGENT, ALISA INTERRUPTED ME AND SAID:"YOU DON'T REMEMBER ME. DO YOU REMEMBER ME?" I SAID, "I DO," AND THEN TURNED BACK TO MY AGENT. THEN SHE INTERRUPTED ME AGAIN. SHE SAID "I DON'T THINK YOU REMEMBER ME.
I SAID, "I DO REMEMBER YOU. TIME I MET YOU YOU WERE AGGRESSIVE. YOU PUSHED ME, AND I DON'T WANT TO TALK TO YOU AT ALL." THEN SHE GOT IN MY FACE AND -- IF YOU WILL EXCUSE ME, I WILL TELL YOU WHAT SHE SAID.
THE COURT: TELL ME WHAT SHE SAID
MS. NOTARO: SHE CALLED ME A CRAZY DIKE AND CUNT GOT IN THE MY FACE. AND AT THAT POINT I HAD THE SECURITY REMOVE HER
What appeals court said:
On the evening of April 7, 2008, after Notaro performed at Largo, Spitzberg approached her and asked Notaro if she remembered her. Notaro said that she remembered meeting her and that Spitzberg had been aggressive and had pushed her. Notaro then said she did not want to talk to Spitzberg and told Spitzberg to leave her alone. Spitzberg became enraged. Notaro was fearful that the situation would escalate and had Michael Griffee, the doorman at Largo, escort Spitzberg out of the club.
What witness Heidi Feigin said:
(Heidi Feigin- was Notaro’s agent and went to see her that night.)
Investigator’s report for public defender:
When asked if this female subject caused any trouble at the show at Largo at this night in question, Feigin said no she had caused no problems on that particular evening. She stated she had just sat at the back of this club and next to the bar while watching the show. When asked if she had seen this unknown female subject ever make contact with Notaro on that night in question, Feigin said no. When asked if she knew the unknown subject’s name, Feigin once again stated no.
What this agent, Heidi Feigin told my public defender in March of 2010 during the criminal trial stemming from these lies - written in Alissa Malzman's (the public defender who tool the case to trial) handwriting:
"Tig had her manager call me to say "Why are you testifying for the other side" Didn't cause a disturbance at all. Didn't see any disturbance Tig's account of story"
Over the next three days, I tried to contact Notaro. I tried to contact Willen. I tried to contact the club. Anything to clear it up. No luck.
If Largo was a pizza joint, I'd get my slices elsewhere. But, I didn't want to be blacklisted from comedy. This had to be a misunderstanding. I went back with my sister to try and straighten things out.
"Incident" Three - April 12th, 2008 Largo
The manager was standing outside. I told him what had happened and asked if I could talk to Notaro. I was treated to the, "Whatever the artist wants," spiel again, and some added obnoxiousness thrown in. There was nothing left to do but leave.
A few feet away stood a handsome African American man. He'd watched the entire exchange, told us he sympathized with us, was the bouncer for the Dime, and invited us in for a drink. We declined politely and left.
What Notaro said:
Me and my sister lunging at her. She escaping. Club on lockdown for 1 or two or five hours and me and sister screamed homophobic obscenities and banged on windows and doors. Police called by management called since hey packed club on lockdown with two madwoman outside.
Appeals court said:
Notaro performed again at Largo on April 12, 2008. When Notaro was standing outside the club talking to the owner, she saw Spitzberg and her sister running toward her. Notaro ran inside before they could make physical contact with her.
The owner did not let Spitzberg inside the club and called the police. Spitzberg and her sister went to the club's back door, where they verbally abused the owner and the doorman and yelled, "We're going to get that fucking dyke.
Spitzberg left the club before the police officers arrived. According to Spitzberg, Largo's owner and another man at the back door were abusive to her and her sister, and they returned their insults. Spitzberg denied screaming or using obscenities.
We read Julius what Notaro had sworn to in the affidavit. and he wrote this for us:
"I am the door guy at the dime which is no more than 16 feet away from where Largo once was. I remember the day in question and remember nothing happen(ing) I even talked to the ladies for a minute or two and invited them inside the dime for a drink. These ladies are good people to be around and everything that this woman said is a lie."
Julius to my Public defender and to Katie Ford, city attorney (Who was the prosecutor at trial):
"Nothing Happened. Anyone saying anything different is a liar."
Okay so, so far three people, Sam, Heidi, and Julius, are saying that Notaro is seeing, feeling(the shove) and hearing things that did not remotely take place. She is alleging verbal and physical mayhem and so far we have three unbiased bystanders saying that absolutely nothing of any note took place.
Remember though how I told you I can prove that cops from the Threat Management Unit were involved? Documents that would come to exist from this alleged incident contain that evidence:
On September 14th,2009, a year and a half after this all started, to prepare for trial a prosecutor, Martin Boags, sent out for the police records,that had to exist, if the allegations of police being called, and coming were true.
His request:
The appeals court got the police coming story from Notaro's affidavit and court testimony. As well witnesses Michael Griffee and Keven Seccia's sworn testimony where they attested that yes they saw the police.
Here's Notaro's version and how Gregozek would present it in a police report: Note: He'd say the same exact thing for six search warrants that would be executed in this case.In that instance, he'd again write it as fact but also swear to it under oath.
(Imagine a club full of people out for a night of laughs, being stuck in lock-down for five hours with two maniacs trying to break down doors and break in windows, and not one person using their cell phones to save themselves. Maybe they counted on management for that, except a year and a half later, a prosecutor sends away for the 911 call and finds out that not one single phone call to police was made. Ergo no police came only to be foiled by the wily absconding Spitzberg sisters.)
But Notaro said they came. Here under oath witnesses said the same. Gregozek would submit it to prosecutors and then judges, as verified fact. Let's look at that again. This would turn out to be her first account, her police report to John Gregozek.
When Martin Boags ordered those records, a year and a half later, he learned that no such call was made and so no police arrived.
The response to his official request:
So what does that mean to Boags and to this case?
It means that Notaro and two of the "witnesses" she brought to the restraining order hearing (Kevin Seccia and Michael Griffee), lied about this under oath. It means the restraining order was granted due to fraud on the court. It means that John Gregozek has not only included it in his police reports as fact, but swore to it being true, under oath in now six search warrants dating all the way to the time Boags ordered these records.
It means something is very wrong with the case against me and since you cannot prosecute a violation of a restraining order, if the order was obtained by perjury and fraud on the court, it means the case must be dismissed and Notaro and those "witnesses" should be prosecuted. Notaro for lying to the police and perjury and the others for perjury.
It means that Gregozek also committed perjury by swearing to this under oath in all those warrants. It means I have been defamed and maliciously prosecuted (twice)and have cause to sue for a lot of damages. But I only knew that no police were called or came 'til a year and a half later.
Back to April 2008:
From April 12-29th, 2008
At this point, all I knew my name was being smeared as a violent person, who shoved strangers for no reason. This lie was being perpetuated by a well connected comedian, and at a place (Largo) where I'd intended to pursue my goals and dreams.
And try as I did, Notaro and Willen seemed dead set on not clearing this up. The only thing I felt left to do was to bemoan my fate online. Basically, I went on a message board called datalounge and did a little virtual fist shaking; asking if anyone ever heard of this Tig, and why this annoyingly named person was such an asshole. It turned out that a few people, who followed alternative comedy, had heard of her, but most didn't. But it was agreed by all, that indeed she was behaving like true blue false accusing asshole.
I have to make it very clear that nothing I have posted then or since has ever resembled a threat. To make it clearer, nothing in that thread, or anything I ever wrote online, was used or mentioned in any of the legal proceeding that were to follow. Everything written by me was strictly protected by the First Amendment. Nothing was even untrue and therefore though I would sue for defamation, no one ever sued me or even counter-sued me for defamation, after they were sued for defamation.
(Later I would find out that during the duration of that thread, Notaro's lawyer, Allison Hart Sievers of Lavely and Singer, had sent a series of cease and desist letters to datalounge. The other side would refuse to produce those so I don't know what they said but I do know that Lavely and Singer's cease and desist/threat letters are legendary.
Last "incident" - April 29th, 2009. Please remain seated.
Seventeen days later, I went to the Improv for an open mic.
In the foyer was a poster of Notaro. She was going to be there later that night.
I must have looked like a hitchhiker, who just noticed that the passenger's side door handle had been removed. I called my sister. "Tig is coming here. Tig is coming here. What do I do!!!"
"Oh for god's sake, chill the fuck out," said my sister.
"Even if you are still there when she comes, she won't do anything. Who knows, maybe she'll even feel sorry. If you're still there when she comes, she wouldn't do anything."
"Do you think?"
"Could be. She's human, isn't she?"
Having been talked down, I signed up for the open mic. At some point I went outside to smoke a cigarette. A comedian (Brian Whitaker) came out to have a smoke too. We talked for a bit when suddenly his eyes widened. It was Brian's turn to look at me like the doomed hitchhiker whose stop had come and gone. "Hey I recognize you. You're Alisa. Your picture and your sister's picture have been faxed to the club. I'm sorry but you can't come back in."
Oh my god. What is wrong with this crazy bitch?
I called my sister, this time crying. She came over.
O.K. I think you know where this is headed - (the artist wants what the artist wants blah blah blah). We were by the car when the cops showed up. She had actually called the fucking police!
Officers Badar and Montalvo acted all coplike at first, with the 'stay there no funny moves' routine. Badar stood guard as Montalvo went inside to talk to Notaro and who knows who else.
Montalvo reemerged after a few minutes, and went into a huddle with Badar. They both looked confused. Montalvo had a particularly obvious expression of bemusement. Then their miens seemed to change - they became friendly. Badar said, "Go home ladies. There has been no crime here."
And then Badar said something that made little sense at the time, "If I were you. I'd get a lawyer."
"Why would we need a lawyer?"
"I just would, if I were you."
I guess even where's there no crime, cops don't go in for conversation. We went home but didn't call a lawyer. What would I need a lawyer for?
Appeals said:
On April 29, 2008, Notaro was driving to perform a show at the Hollywood Improv club when the promoter called her to inform her that Spitzberg had been removed from the club. When Notaro arrived, she saw Spitzberg outside the club, talking to people. Notaro entered the club through a side door. The security guard for the Improv club, Brian Whitaker, told Notaro that Spitzberg said that she knew where Notaro lived, the color and make of Notaro's car, and the car's license plate number. Spitzberg, her mother, and her sister remained outside the front of the club and verbally attacked other performers, patrons and security guards for over two hours. Notaro attempted to leave the club, but because she felt unsafe, she remained in the club. The police were called, but they were unable to take any action because Notaro's life had not been directly threatened. After the Spitzbergs left, Notaro went home.
TMU said:
Please note that Gregozek did not say there was an arrest (though the minutes of the court would say so for the duration of the criminal case and so Martin Boags would send away for arrest records), but he did include an incident number. See last line of first paragraph.
Neither Montalvo or Badar filled out any reports that night - no police report or incident report. Since the police weren't called that last time too, or the time where Notaro says she was verbally assaulted and violently shoved, there are no police or incident reports by anyone other than Gregozek, in this whole case.
Why then would Gregozek invent an incident report number for the occasion? If he was on the up, and up he'd contact Montalvo and Badar and include their finding in his report. Instead, he doesn't do that but rather inserts a number that he knows doesn't exist.
The only answer could be that Gregozek was trying to make me look as bad as possible so I'd be prosecuted and ultimately convicted. In other words, he was framing me.
First, he had to have known that no police were called or came the night of the 12th. But, he'd written it as verified fact. Now he had to have known that Montalvo and Badar had concluded that no crime occurred and so they did not see fit to make any record whatsoever. This time he'd go as far as to invent a number so any future prosecutor or judge would think there was all sorts of police involvement in this case.
Since I was repeatedly refused the names of those two female officers, 'til deep into the malicious prosecution, I did not get an affidavit from either. But when this case was scheduled for trial, the public defender, Alissa Malzman, would contact Montalvo (no one seemed to be able to contact Badar. whose father was a famed cop) and Alissa told me Montalvo told her that she concluded that no crime occurred and so did not see any good reason to fill out any reports. She also told Malzman she'd be a witness for my defense.
( Interestingly before that day, Montalvo would be put on the prosecutions witness list without her permission. There was just the assumption that she'd play along.)
Wow. A cop ready to go against other cops. A cop who could not only testify that Notaro and Nick Kroll's accounts were false and malicious, but would make it clear that Gregozek contacted her (or didn't contact her) and saw fit to invent an incident number, to assist in a malicious prosecution against me, and then even swore to it in his search warrants. Had she testified to all that who knows what kind of Pandora's box that could open. Would it have shed light on the arrangements detailed in this blog that I found long after my case was over https://losangeleslessconfidential.wordpress.com/
Only the good die young. Jacqueline Montalvo came to court on February 22nd, 2010 to tell Alissa Malzman that she never filled out any report and that she would be my witness. On February 25th, 2010 -- three days later - she was dead. A car accident. Though there was no smell of alcohol according to investigators, a few weeks later a medical examiner would conclude that she was extremely drunk at the time of the accident.
Off duty LAPD officer killed in diamond bar car accident
Moving on.
In her affidavit, Notaro had also sworn that a sheriff snuck her into a side door during the mayhem. Sheriff at the side door? A sheriff sneaking her into the side door? Was he wearing a Stetson and a big brass badge? Later we investigated and found out there was no side door at the Improv, and obviously no sheriff, because he would have shown up in this case. So... no side door and no Sheriff. No shit.
Remember Brian Whitaker? The comedian who lied for Notaro at the restraining order "hearing."?
Well, later on we'd learn that a few months after the hearing, I found out that he was opening for her at the Imrpov ( when before this he only did open mics-poorly.) He even went to thank her on her Myspace:
The long account got a lot of hits and many fine comments but for those who just want to know if there was any truth to Stef Willlen or Tig Notaro's lies, here's the receipts that show that they absolutely lied about everything. The longer account will provide the evidence of how and why they were able to get away with it rather than being charged with lying to police and perjury.
First "incident" August 29th 2007
Setting: Tsunami coffee shop
Description from Metromix magazine online.
Neighborhood: Silver Lake
4019 Sunset Blvd
Los Angeles, CA 90029
323-661-7771
For this music, comedy, and poetry night follow these instructions: Walk through the door, sign up, wait nervously, get called onto the stage, do your thing, try not to feel awkward
Be warned, crossing back through the stage to duck out early will get you a chorus of raised eyebrows and a few remarks like, "Where are you going?"
At Tsunami, I saw ex-friend Stef Willen with Notaro - who I'd never met before. I chatted with Willen - the awkward small talk you make with people you don't like anymore hence the ex. I hung around and listened to some poor to middling poetry and some bad to so-so jokes. The night ended as they say, without incident. For nine months, I never saw or heard from either of them and they never saw or heard from me.
What appeals court said:
In August 2007, Notaro and Willen were in a cafe having coffee when Spitzberg approached their table and began to yell insults at them, including fucking dyke, ugly, cunt, and bitch. They ignored Spitzberg, who followed them outside, became more belligerent, and shoved/pushed Notaro. Spitzberg denied pushing Notaro
What witness Sam Consuegra (succinctly) said: There was no activity or fight at all.
Later an investigator for the public defender would go talk to him. Sam seems to have gotten spooked by someone, but he still maintained that no violence occurred
"I didn't see any violence that night."
What Stef Willen would say:
To the court of Gerald Rosenberg she would not say anything about any push but would invent a narrative of verbal displays of jealousy and abuse towards the two. One time I'd pushed Notaro as she tried to stand between us then second time Notaro stood between us two. One time she'd say I said "you need to hear what I wrote to you." Once time she forgot that particularly nasty bit of bullshit. One time she'd say they left after the push in two cars. The next time I was chasing them down in one car.
Later, she'd evade the investigator but would show up again to lie some more to prosecutors. Again, she'd try to create a narrative of jealousy and verbal abuse, and to the prosecutors she'd go along with the lie that I'd pushed Notaro on that night.
Stef Willen's motivations? Most people ask what was the motivation to lie in such an extreme way. I can't tell you the exact reasons. I can't understand it or make any good sense of it.
I don't yet know, and probably will never know, what possessed Stef Willen or Tig Notaro to set in motion the series of life ruining lies she'd tell,but over time, I did find motivation for Willen on her Myspace and elsewhere.
Note the dates: One entry is the day after the restraining order hearing(where Willen could not get herself to lie about any push but would make up other lies.) The other predates the filing of the criminal charge but postdates the discussion with Martha Kelly, where I told Kelly I'd have to sue Notaro for defamation if she didn't cut it out.
Aug 4 2008 8:21 PM do you know you are in kjell's top friends? things are really looking up for you! congrats on that AND the new horse. | |
May 29 2008 4:05 PM 80 degrees, sunny, mariposa st., sushi dinner, swim in the hot springs tomorrow on our drive up to aspen, comedy festival dinner party friday night, hike saturday morning in the mountains, tell jokes for 15 minutes saturday night and make monthly income for june, take sunday off to hang out in aspen with friends, fly home to LA to shoot 2 more episodes. thankfully a couple of vacations are coming up after this hectic schedule. |
So a trip to Aspen and a horse for starters.
During the case, Willen would get more rewards: A Funny or Die Video, winning a writers contest where Notaro and Kroll had ins with those who ran the contest ( John Hodgman at Mcsweeneys, A spot on NPR's This American Life (Where Kroll is a big donor) an LA press award though Willen had nothing to do with writing any press piece.
Also of Note: Notaro forgot her fabrication and would claim to the Investigator and to prosecutors that the shove was inside. Which not only shows that she lied to the court but that Sam was therefore the greatest witness against her, had Alissa Malzman Sterling done her job and insisted we were allowed to mount a collateral attack against the restraining order.
"Incident" Two - Largo Comedy / Night club April 7th, 2008
What I say happened:
From Tsunami to Largo nine months have passed. Nine months: The time it takes a baby to gestate and drop into this cold cruel world. I go to a show at a club called Largo.I saw online that the show I wanted to see was MCed by Notaro, but since I had nothing against her and thought she had nothing against me, I didn't think twice about it. I paid my five bucks, had a beer, and enjoyed the show.
I had no intention of approaching Notaro, but Notaro approached me after the show. Seeing her standing over me at the bar, I instinctively said, "good show." She said, "thanks." Then, with the weirdest look (a mixture of glee and spite if I had to give it a description,) she said, "You pushed me... you pushed me the last time I saw you" She walked away to talk to a woman. I walked over and asked, "Did you just say I pushed you?"
Notaro did the "ready for my check" wave. A man appeared, and she told him, "Get her out of here." I sputtered a few times, and the little guy, I assumed was a bouncer, said, "I don't know what this is about but you've got to go. The artist gets what the artist wants."
Since the appeals court decision doesn't mention the woman( Heidi Feigin - Tig Notaro's talent agent at the time,) standing there part, I'll insert the statements made by Notaro about that:
Most significantly, take a look what Notaro said under oath, at the hearing to get a permanent restraining order.
I WAS SPEAKING TO MY AGENT, ALISA INTERRUPTED ME AND SAID:"YOU DON'T REMEMBER ME. DO YOU REMEMBER ME?" I SAID, "I DO," AND THEN TURNED BACK TO MY AGENT. THEN SHE INTERRUPTED ME AGAIN. SHE SAID "I DON'T THINK YOU REMEMBER ME.
I SAID, "I DO REMEMBER YOU. TIME I MET YOU YOU WERE AGGRESSIVE. YOU PUSHED ME, AND I DON'T WANT TO TALK TO YOU AT ALL." THEN SHE GOT IN MY FACE AND -- IF YOU WILL EXCUSE ME, I WILL TELL YOU WHAT SHE SAID.
THE COURT: TELL ME WHAT SHE SAID
MS. NOTARO: SHE CALLED ME A CRAZY DIKE AND CUNT GOT IN THE MY FACE. AND AT THAT POINT I HAD THE SECURITY REMOVE HER
What appeals court said:
On the evening of April 7, 2008, after Notaro performed at Largo, Spitzberg approached her and asked Notaro if she remembered her. Notaro said that she remembered meeting her and that Spitzberg had been aggressive and had pushed her. Notaro then said she did not want to talk to Spitzberg and told Spitzberg to leave her alone. Spitzberg became enraged. Notaro was fearful that the situation would escalate and had Michael Griffee, the doorman at Largo, escort Spitzberg out of the club.
What witness Heidi Feigin said:
(Heidi Feigin- was Notaro’s agent and went to see her that night.)
Investigator’s report for public defender:
When asked if this female subject caused any trouble at the show at Largo at this night in question, Feigin said no she had caused no problems on that particular evening. She stated she had just sat at the back of this club and next to the bar while watching the show. When asked if she had seen this unknown female subject ever make contact with Notaro on that night in question, Feigin said no. When asked if she knew the unknown subject’s name, Feigin once again stated no.
What this agent, Heidi Feigin told my public defender in March of 2010 during the criminal trial stemming from these lies - written in Alissa Malzman's (the public defender who tool the case to trial) handwriting:
"Tig had her manager call me to say "Why are you testifying for the other side" Didn't cause a disturbance at all. Didn't see any disturbance Tig's account of story"
Over the next three days, I tried to contact Notaro. I tried to contact Willen. I tried to contact the club. Anything to clear it up. No luck.
If Largo was a pizza joint, I'd get my slices elsewhere. But, I didn't want to be blacklisted from comedy. This had to be a misunderstanding. I went back with my sister to try and straighten things out.
"Incident" Three - April 12th, 2008 Largo
The manager was standing outside. I told him what had happened and asked if I could talk to Notaro. I was treated to the, "Whatever the artist wants," spiel again, and some added obnoxiousness thrown in. There was nothing left to do but leave.
A few feet away stood a handsome African American man. He'd watched the entire exchange, told us he sympathized with us, was the bouncer for the Dime, and invited us in for a drink. We declined politely and left.
What Notaro said:
Me and my sister lunging at her. She escaping. Club on lockdown for 1 or two or five hours and me and sister screamed homophobic obscenities and banged on windows and doors. Police called by management called since hey packed club on lockdown with two madwoman outside.
Appeals court said:
Notaro performed again at Largo on April 12, 2008. When Notaro was standing outside the club talking to the owner, she saw Spitzberg and her sister running toward her. Notaro ran inside before they could make physical contact with her.
The owner did not let Spitzberg inside the club and called the police. Spitzberg and her sister went to the club's back door, where they verbally abused the owner and the doorman and yelled, "We're going to get that fucking dyke.
Spitzberg left the club before the police officers arrived. According to Spitzberg, Largo's owner and another man at the back door were abusive to her and her sister, and they returned their insults. Spitzberg denied screaming or using obscenities.
We read Julius what Notaro had sworn to in the affidavit. and he wrote this for us:
"I am the door guy at the dime which is no more than 16 feet away from where Largo once was. I remember the day in question and remember nothing happen(ing) I even talked to the ladies for a minute or two and invited them inside the dime for a drink. These ladies are good people to be around and everything that this woman said is a lie."
Julius to my Public defender and to Katie Ford, city attorney (Who was the prosecutor at trial):
"Nothing Happened. Anyone saying anything different is a liar."
Okay so, so far three people, Sam, Heidi, and Julius, are saying that Notaro is seeing, feeling(the shove) and hearing things that did not remotely take place. She is alleging verbal and physical mayhem and so far we have three unbiased bystanders saying that absolutely nothing of any note took place.
Remember though how I told you I can prove that cops from the Threat Management Unit were involved? Documents that would come to exist from this alleged incident contain that evidence:
On September 14th,2009, a year and a half after this all started, to prepare for trial a prosecutor, Martin Boags, sent out for the police records,that had to exist, if the allegations of police being called, and coming were true.
His request:
The appeals court got the police coming story from Notaro's affidavit and court testimony. As well witnesses Michael Griffee and Keven Seccia's sworn testimony where they attested that yes they saw the police.
Here's Notaro's version and how Gregozek would present it in a police report: Note: He'd say the same exact thing for six search warrants that would be executed in this case.In that instance, he'd again write it as fact but also swear to it under oath.
(Imagine a club full of people out for a night of laughs, being stuck in lock-down for five hours with two maniacs trying to break down doors and break in windows, and not one person using their cell phones to save themselves. Maybe they counted on management for that, except a year and a half later, a prosecutor sends away for the 911 call and finds out that not one single phone call to police was made. Ergo no police came only to be foiled by the wily absconding Spitzberg sisters.)
But Notaro said they came. Here under oath witnesses said the same. Gregozek would submit it to prosecutors and then judges, as verified fact. Let's look at that again. This would turn out to be her first account, her police report to John Gregozek.
When Martin Boags ordered those records, a year and a half later, he learned that no such call was made and so no police arrived.
The response to his official request:
So what does that mean to Boags and to this case?
It means that Notaro and two of the "witnesses" she brought to the restraining order hearing (Kevin Seccia and Michael Griffee), lied about this under oath. It means the restraining order was granted due to fraud on the court. It means that John Gregozek has not only included it in his police reports as fact, but swore to it being true, under oath in now six search warrants dating all the way to the time Boags ordered these records.
It means something is very wrong with the case against me and since you cannot prosecute a violation of a restraining order, if the order was obtained by perjury and fraud on the court, it means the case must be dismissed and Notaro and those "witnesses" should be prosecuted. Notaro for lying to the police and perjury and the others for perjury.
It means that Gregozek also committed perjury by swearing to this under oath in all those warrants. It means I have been defamed and maliciously prosecuted (twice)and have cause to sue for a lot of damages. But I only knew that no police were called or came 'til a year and a half later.
Back to April 2008:
From April 12-29th, 2008
At this point, all I knew my name was being smeared as a violent person, who shoved strangers for no reason. This lie was being perpetuated by a well connected comedian, and at a place (Largo) where I'd intended to pursue my goals and dreams.
And try as I did, Notaro and Willen seemed dead set on not clearing this up. The only thing I felt left to do was to bemoan my fate online. Basically, I went on a message board called datalounge and did a little virtual fist shaking; asking if anyone ever heard of this Tig, and why this annoyingly named person was such an asshole. It turned out that a few people, who followed alternative comedy, had heard of her, but most didn't. But it was agreed by all, that indeed she was behaving like true blue false accusing asshole.
I have to make it very clear that nothing I have posted then or since has ever resembled a threat. To make it clearer, nothing in that thread, or anything I ever wrote online, was used or mentioned in any of the legal proceeding that were to follow. Everything written by me was strictly protected by the First Amendment. Nothing was even untrue and therefore though I would sue for defamation, no one ever sued me or even counter-sued me for defamation, after they were sued for defamation.
(Later I would find out that during the duration of that thread, Notaro's lawyer, Allison Hart Sievers of Lavely and Singer, had sent a series of cease and desist letters to datalounge. The other side would refuse to produce those so I don't know what they said but I do know that Lavely and Singer's cease and desist/threat letters are legendary.
Last "incident" - April 29th, 2009. Please remain seated.
Seventeen days later, I went to the Improv for an open mic.
In the foyer was a poster of Notaro. She was going to be there later that night.
I must have looked like a hitchhiker, who just noticed that the passenger's side door handle had been removed. I called my sister. "Tig is coming here. Tig is coming here. What do I do!!!"
"Oh for god's sake, chill the fuck out," said my sister.
"Even if you are still there when she comes, she won't do anything. Who knows, maybe she'll even feel sorry. If you're still there when she comes, she wouldn't do anything."
"Do you think?"
"Could be. She's human, isn't she?"
Having been talked down, I signed up for the open mic. At some point I went outside to smoke a cigarette. A comedian (Brian Whitaker) came out to have a smoke too. We talked for a bit when suddenly his eyes widened. It was Brian's turn to look at me like the doomed hitchhiker whose stop had come and gone. "Hey I recognize you. You're Alisa. Your picture and your sister's picture have been faxed to the club. I'm sorry but you can't come back in."
Oh my god. What is wrong with this crazy bitch?
I called my sister, this time crying. She came over.
O.K. I think you know where this is headed - (the artist wants what the artist wants blah blah blah). We were by the car when the cops showed up. She had actually called the fucking police!
Officers Badar and Montalvo acted all coplike at first, with the 'stay there no funny moves' routine. Badar stood guard as Montalvo went inside to talk to Notaro and who knows who else.
Montalvo reemerged after a few minutes, and went into a huddle with Badar. They both looked confused. Montalvo had a particularly obvious expression of bemusement. Then their miens seemed to change - they became friendly. Badar said, "Go home ladies. There has been no crime here."
And then Badar said something that made little sense at the time, "If I were you. I'd get a lawyer."
"Why would we need a lawyer?"
"I just would, if I were you."
I guess even where's there no crime, cops don't go in for conversation. We went home but didn't call a lawyer. What would I need a lawyer for?
Appeals said:
On April 29, 2008, Notaro was driving to perform a show at the Hollywood Improv club when the promoter called her to inform her that Spitzberg had been removed from the club. When Notaro arrived, she saw Spitzberg outside the club, talking to people. Notaro entered the club through a side door. The security guard for the Improv club, Brian Whitaker, told Notaro that Spitzberg said that she knew where Notaro lived, the color and make of Notaro's car, and the car's license plate number. Spitzberg, her mother, and her sister remained outside the front of the club and verbally attacked other performers, patrons and security guards for over two hours. Notaro attempted to leave the club, but because she felt unsafe, she remained in the club. The police were called, but they were unable to take any action because Notaro's life had not been directly threatened. After the Spitzbergs left, Notaro went home.
TMU said:
No evidence of any kind. Only Gregozek's promise to testify. |
Please note that Gregozek did not say there was an arrest (though the minutes of the court would say so for the duration of the criminal case and so Martin Boags would send away for arrest records), but he did include an incident number. See last line of first paragraph.
Neither Montalvo or Badar filled out any reports that night - no police report or incident report. Since the police weren't called that last time too, or the time where Notaro says she was verbally assaulted and violently shoved, there are no police or incident reports by anyone other than Gregozek, in this whole case.
Why then would Gregozek invent an incident report number for the occasion? If he was on the up, and up he'd contact Montalvo and Badar and include their finding in his report. Instead, he doesn't do that but rather inserts a number that he knows doesn't exist.
The only answer could be that Gregozek was trying to make me look as bad as possible so I'd be prosecuted and ultimately convicted. In other words, he was framing me.
First, he had to have known that no police were called or came the night of the 12th. But, he'd written it as verified fact. Now he had to have known that Montalvo and Badar had concluded that no crime occurred and so they did not see fit to make any record whatsoever. This time he'd go as far as to invent a number so any future prosecutor or judge would think there was all sorts of police involvement in this case.
Since I was repeatedly refused the names of those two female officers, 'til deep into the malicious prosecution, I did not get an affidavit from either. But when this case was scheduled for trial, the public defender, Alissa Malzman, would contact Montalvo (no one seemed to be able to contact Badar. whose father was a famed cop) and Alissa told me Montalvo told her that she concluded that no crime occurred and so did not see any good reason to fill out any reports. She also told Malzman she'd be a witness for my defense.
( Interestingly before that day, Montalvo would be put on the prosecutions witness list without her permission. There was just the assumption that she'd play along.)
Wow. A cop ready to go against other cops. A cop who could not only testify that Notaro and Nick Kroll's accounts were false and malicious, but would make it clear that Gregozek contacted her (or didn't contact her) and saw fit to invent an incident number, to assist in a malicious prosecution against me, and then even swore to it in his search warrants. Had she testified to all that who knows what kind of Pandora's box that could open. Would it have shed light on the arrangements detailed in this blog that I found long after my case was over https://losangeleslessconfidential.wordpress.com/
Only the good die young. Jacqueline Montalvo came to court on February 22nd, 2010 to tell Alissa Malzman that she never filled out any report and that she would be my witness. On February 25th, 2010 -- three days later - she was dead. A car accident. Though there was no smell of alcohol according to investigators, a few weeks later a medical examiner would conclude that she was extremely drunk at the time of the accident.
Off duty LAPD officer killed in diamond bar car accident
Moving on.
In her affidavit, Notaro had also sworn that a sheriff snuck her into a side door during the mayhem. Sheriff at the side door? A sheriff sneaking her into the side door? Was he wearing a Stetson and a big brass badge? Later we investigated and found out there was no side door at the Improv, and obviously no sheriff, because he would have shown up in this case. So... no side door and no Sheriff. No shit.
Remember Brian Whitaker? The comedian who lied for Notaro at the restraining order "hearing."?
Well, later on we'd learn that a few months after the hearing, I found out that he was opening for her at the Imrpov ( when before this he only did open mics-poorly.) He even went to thank her on her Myspace:
Nov 2 2008 5:03 AM great workin' with ya tig - thanks again, nice riff with "sparkles |
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