Thank you for hearing me today, your honor. I am only one of Michael McCarty's victims, but I will confine my remarks to the effect his persistent harassment has had on my life. This harassment has included slander and libel, death threats and physical stalking. I don't know if mere words can convey to you the terror, disruption and damage Michael has caused in my life over the past two and a half years.
During that time I have had my doorknobs rattled in the early morning hours, have had repeated hang up calls, sometimes as many as 5-6 in a row also in the early morning hours. I have had a car firebombed outside my apartment shortly after midnight. Within weeks after obtaining a new job, Michael showed up outside my work. When I was transferred to a new location, he showed up there as well. I was forced to have security escort me to and from the busstop and wait with me there for fear of running into him. Even with those precautions I found myself face to face with him on the bus, in my neighborhood and in an area he had no reason to be. It was terrifying.
Every day I woke up wondering if this was the day, Michael would try to make his death threats come true. The stress of never knowing when Michael would appear at my work, near my home or face to face in confined places like the bus, has led to insomnia, loss of ability to concentrate, bouts of depression, weight loss, and fatigue coupled with a constant state of hyper vigilance. I am permanently caught between fight and flight.
Knowing Michael's preference for operating at night, I frequently wake to double check the locks on my doors. Michael's continual threats and stalking behaviors have cost me thousands of dollars in lost income and for the first time in my life I walk around armed for protection. Even during the past couple of weeks I wake in a panic at the slightest noise, only to realize that , for now, he's incarcerated and cannot hurt me.
I believe that "silence is consent." I have not and will not consent to being Michael's victim and I will not be silent. During this ordeal, I have taken every logical and legal step afforded to me, including obtaining a restraining order, attempting to report each incident of contact and generally making myself heard, in my persistent efforts to enroll the legal system in helping to ensure my personal safety. I say attempted because the police have often refused to take reports, saying that they could not violate his civil rights " just because I said he did something." And my first attempt at justice in this case left me feeling further abused and weakened. So, perhaps you can understand why I'm especially grateful to be standing here today.
Having come to know Michael's modus operandi as I do, I expect that you will see him look contrite and may even hear promises made. I'm sure promises were made by him to abide by this probation. Nevertheless, it is a fact that it was while Michael was on probation for an earlier conviction that he began to harass me. Within weeks of being granted probation in my case and told not to contact me, he once again targeted me. Since his release date, Michael has posted thousands of personally libelous messages via usenet, threatening me with "exorcism" and death and has physically violated the restraining order. His posts were so direct and pointed, though he never used my name, that not one, but two people I didn't know emailed me and asked if I knew the terrible things he was saying about me and the threats he was making. As time went on his threats became more pointed and he began to reveal facts that indicated to me that he was doing research on my life. These facts along with more libelous claims were also posted on the internet.
Michael has often bragged that he is invincible and our encounters up until now may have lent credence to his position. Prior to today, every encounter with the legal system has strengthened him and further weakened me. I realize that you must operate under certain legal parameters, your honor. And I recognize, that no matter what happens today, Michael will probably be free in November and I will again be at risk.
But, let me quote Michael in his own words. Words he, himself has posted on the internet for all to see. (I must tell you here that KFJC and KKUP are radio stations. I am affiliated with KKUP and know people at KFJC. The bad grammar, bad syntax and bad language are his.) He writes,
"I have no plans to stop. No plans, thus forever. And if you have seen my "exploits" on the internet...then you will know that I am a relentless attacker, whereby I never get tired of attacking my enemies...I have no plans whatsoever in stopping attacking KFJC and in performing the exorcism there, and what is in store for KKUP. I am in my 30's and plan to continue with this thing for another 60 years! I did say 60!
I phuckin' will never stop. (Then, in caps, the internet equivalent of shouting, he continues) PEOPLE WILL NOT BE ALLOWED TO PHUCK ME OVER THAT EASILY. THEY WILL HAVE TO PAY FOR THEIR TRANSGRESSIONS THUS THE REASON FOR THE NEXT 60 or so years of un-ending muckrake against KFJC, etc. I am not joking.... I have been going strong on the internet and have no plans to stop!"
Half way through the two year probation he was granted in this court, Michael restated his intentions when he wrote on November 25, 1997 -
"Ready for years upon years, upon decades of verbal vomit issued forth against the pertaining radio entities and individuals concerned? ...Just wait till 1999, there are the most interesting plans afoot."
When I read this (and this is only a minute sample of his screeds) I do not feel safe. Michael has made it clear to me (and anyone else who reads his posts) that he intends to continue his stalking, threatening and harassment as soon as his probation period ends.
DA Harris said I must tell you what I want. I WANT TO BE LEFT ALONE , and I want to be the last person he targets. I do not want him free to move onto another victim as he has done since 1985. Let it end here. I am as certain as I am standing here that I am not and will not be safe unless McCarty is incarcerated or somehow permanently stopped. I ask that you deprive him of internet contact and that your sentence send him an unmistakable message that he is not invincible and his behavior does have consequences. Please give him the strongest possible sentence.
There is a saying you've probably heard - "No justice, no peace." I ask that you grant me peace today by meting out strong justice to Michael McCarty. Thank you again for hearing me.