BD subpoenaed to give testimony - for Lost Society???

It seems like so long ago, but in fact the Lost Society debacle started in late June - following the murder of a club patron on the Char Bar parking lot - when Brightman Nwatu was arrested for subterfuge and being in the country illegally. His partner in crime, Fernando Rosales, was arrested and detained briefly on charges of filing false documents with the TABC and other agencies. Rosales is out of jail, but facing a number of legal actions in an effort to revoke his TABC permit.

In the middle of all this excitement, Andres Properties (working under the name Wonderful Seven) locked the doors on Lost Society, claiming numerous violations of their lease. It took two weeks, but Rosales was eventually able to convince a judge to force the doors open, whereupon he immediately started renovating and installing a kitchen. But the whole lock-out mess did not sit very well with Rosales, who filed a suit against Andres under the name Initiative Partners, seeking damages and other benefits. You can read all the back and forth documents on the County's website - click here and enter CC1004909D in the Case Number field.

BD has posted the two most interesting back and forth claims and counterclaims on this server - the amended counter-petition with discovery is here, and the sworn complaint for re-entry is here.

The first document includes printouts from BD's articles about Lost Society and the Dallas Observer Unfair Park blog - like, really, when did they start taking bloggers so seriously?? In a conversation with BD after being allowed to reopen Lost Society, Rosales (seen in photo from his latest jailhouse booking) said he and his girlfriend were conned by Nwatu just like everyone else, that BD was a pathological liar getting information from people who did not like him, and was making statements on this website which warranted BD being sued.

BD's reply - Get in line, mi amigo, get in line.

Now BD is beginning to wonder if the Lost Society folks have hit the Desperate to Settle No Matter What point in their lawsuit against Andres Properties. Early Thursday evening, BD was presented a subpoena to attend and give testimony in the above-styled case on November 11, 2010. The subpoena was issued by - are you ready for this - Lost Society's attorney, indicating he has either completely lost any sense of reality in the dispute, or has not bothered to read this blog.

The subpoena does not describe what kind of testimony the attorney expects or wants from BD. We seriously doubt they want to hear BD's opinion of Lost Society's standards, since they have none. And his opinions about scumbars like Lost Society are found all over this website. Since BD is not a party to the lawsuit (and is described in the subpoena as a non-party witness), but his articles are included in the filings, the first thing that came to mind was BD's myriad sources of information. The attorneys should be ready for the silent treatment - BD has no intention of giving up any sources of his information, and Texas law gives him the right to tell the attorney where to put that subpoena.

Please allow BD to refer attorney Armando Miranda to the Texas Free Flow of Information Act, signed into law in May 2009, which allows BD to keep his sources confidential under most circumstances...

Sec. 3. PRIVILEGE. (a) Except as otherwise provided by this article, a judicial, legislative, administrative, or other body with the authority to issue a subpoena or other compulsory process may not compel a journalist to testify regarding or to produce or disclose in an official proceeding:

(1) any confidential or nonconfidential unpublished information, document, or item obtained or prepared while acting as a journalist; or

(2) the source of any information, document, or item described by Subdivision (1).

The deposition is being taken at the attorney's office on Zang Blvd., so BD's really hoping they bring in some of that Oak Cliff barbecue for lunch. That might be the only chance the attorneys see BD open his mouth all day.

By Avi S. Adelman under Public safety , Lower Greenville