MLPA Initiaitive: Corruption and Injustice v. The Banjo Defense

We continue with a few re-posts from last year’s legal battle against the outlaw “Initiative” for the Marine Life Protection Act .  The so-called “Initiative” – a privatized hijacking of the original MLPA law – attracted some the worst and the dimmest to the corridors of corruption in California politics.

The following piece was written after David W. Hamilton, California Deputy Attorney General, and Chris Tarkington of Tarkington, O’Neill, Barrack & Chong (a corporate law firm representing Kearns and West), began to subpoena my confidential medical records and other personal materials, on matters unrelated to the MLPA lawsuit.

Banjo players suffer a strange and complicated cross-cultural negative bias, compounded by possible objections to the tone and volume of the instrument itself.

But Hamilton and Tarkington’s crass legal strategy of harassment and intimidation gives new credence to the overall reputation of the legal profession – well-earned by some lawyers – for being ruthless, dishonest and unscrupulous – “SHARKS!!!”


The Banjo Defense

By David Gurney

In perhaps the most bizarre move yet by an unscrupulous Deputy Attorney General, I’ve been challenged on my credentials as a banjo player.

During depositions in our lawsuit, I casually mentioned that I’d come in second place at the California State Banjo Championship in 2007.

Mr. David W. Hamilton, Deputy Attorney General for the state of California, has now gone to the trouble of crafting and filing legal documents, asking me to prove my banjo claim:


Hamilton’s Demand No. 5  for the Production of Documents


Mr. Hamilton, instead of defending the Constitutional rights of citizens – his sworn duty as an attorney general – has instead requested documents and materials totally unrelated to incidents involving Constitutional (and other) violations committed by the MLPAI “Initiative,” when they denied the press and the public the right to speak at, or record public meetings, and had me arrested for asserting these rights.

David Hamilton’s request to prove my banjo claim is an addendum to his legalized bullying and harassment, to go along with other oppressive and irrelevant demands for documents.  But, for the record, and for the benefit of David W. Hamilton and his dishonorable partner in legal crime, Chris Tarkington, Esq., (both of whom say they regularly read this blog) – here is our response to their contemptible “Demand No. 5,” (above).

Below is a copy of the prize-money check from the California State Banjo Contest, held at the “Redneck Championships,” on June 9, 2007, in Red Bluff, California:


2nd place prize money check for the “Old-Time” Division, ‘California State Banjo Championship’ contest, June 2007


My second place finish in the ‘Old-Time Division’ garnered $5oo in prize-money.  I also placed third in the ‘Bluegrass Division’ – for another $250.  I walked away that afternoon with a total of $750 in prize money, which really helped with travel expenses to attend the National Old-Time Fiddle Contest in Weiser, Idaho later that month.

First place finishers in each of the two divisions won prize money of $1,000 apiece.  Not bad for less than half-an-hour of banjer-pickin’!

“Why, that’s even more than a lie-yer makes, hoss!”



On a more serious note, in his “Response Brief” to our Appeal of a despicable “Motion to Quash“,  Dep. Attorney General David W. Hamilton has recently stated:

“The MLPAI Initiative itself is not a formal organization of any kind:  it is neither a corporation nor a partnership, and it has no officers, members, or associates.”

Justice, common sense, simple honesty – and the truth – say otherwise, and counter Mr. Hamilton’s outrageous lies on behalf of the MLPAI “Initiative.”

The MLPAI Initiative did in fact have officers, members and associates, including an executive director, a program manager, a task force, an advisory team, and a staff of some forty-five paid employees calling themselves the “I-Team.”

And it was a partnership, by any definition of the term.  According to a page from the MLPAI’s own website of explanatory literature:


Official MLPA “Initiative” Partners


It’s interesting that this corrupt Deputy Attorney General would officially question my honesty about a banjo contest, and at the same time betray his Oath of Office, with flimsy lies contained in his “Motion to Quash.”

Beyond using harassment and intimidation as the cornerstone of his legal strategy, lawyer David W. Hamilton seems to think he can turn lies into truth, while violating the public trust on the public’s payroll, with his spurious arguments, official misconduct, and wanton abuse of the legal system.



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One Response to MLPA Initiaitive: Corruption and Injustice v. The Banjo Defense

  1. Tomas DiFiore says:

    What a talented guy, great story David! Well it would be funny except….