http://www.atheists.org/flash.line/smalko1.htmhttp://www.atheists.org/flash.line/smalko3.htmFrom: Edwin Kagin, National Legal Director for American AtheistsTo: The Board of Directors and the Membership of American Atheists.Date: October 30, 2008.It is my distinct professional and personal pleasure to announce that the lawsuit filed in the United States District Court for the Western District of Oklahoma, at Oklahoma City, by American Atheists against the Hardesty, Oklahoma public school and certain named officials has been dismissed as settled. The order was filed yesterday, October 29, 2008. It is now part of history.I am not at liberty to make public the terms of the settlement agreement, but both the monetary considerations, and the assurances provided by the defendants, were satisfactory to American Atheists, were approved by the past and present Presidents of American Atheists, Frank Zindler and Ed Buckner, and were of such a character that I recommended that American Atheists accept the settlement.This case arose out of what we alleged was a denial of civil rights, and a conspiracy to violate civil rights, by state actors in Oklahoma against members of the Smalkowski family and other members of American Atheists. The Smalkowski family has made its own separate settlement with the defendants. Our lawsuit was based on the denial of civil rights to Atheists in the Oklahoma school, using the treatment of the Smalkowskis as evidence for this claim, and seeking redress for Atheists.This case was filed just over two years ago. The history of what happened is contained in the following writings, that have previously appeared nationally, regarding the events that formed the cause of action for the Federal lawsuit. The factual background is a matter of public record.A special ?thank you? goes to attorney Richard Rice of Oklahoma City who served as local counsel on this case. Rick is a Christian. He made that clear to me from the outset. And he believes in the rights secured by our Constitution. And he fought for them. Without his most competent and professional assistance, the result announced today could not have been achieved. On this issue, we are in the same line.We thank the Smalkowski family for their praise of our efforts on their behalf and we wish them well in their future undertakings.Edwin KaginNational Legal DirectorAmerican Atheists, Inc.PO Box 666Union, KY 41091E-mail:ekagin@atheists.org
Has anyone sent them an email, on the chance they just aren’t reading this far down the blog still?
I’ll e-mail Dave right now, good suggestion, Cynic.
If AA has signed an agreement with a gag order in it, they may not be able to say anything.
And there wouldn’t be much point to the Smalkowskis pursuing the matter unless they’ve got taped conversations, written promises, or something to back them up.
These things happen. It’s usually impossible for outsiders to know who’s to blame for what.
Understood, NSF. We will probably never know the whole story, but I still want to know if the comments were actually from the Smalkowskis.
Dave is checking on it as we type.
We at American Atheists are in fact not at full liberty to discuss this case and do not intend to retry it in the blogosphere in any case. The blog entry on this that purports to have come from the Smalkowskis is notable for being quite inaccurate and amazingly at odds with the following, that we know was written by Mr. Smalkowski and published earlier with his permission:
JUST ANOTHER SALEM
by Chester Smalkowski
Web Posted: July 8, 2006
American Atheists Magazine
From the AANEWS Editor: Below, we are reproducing, “as is” and un-edited, the account circulating on the internet and the democraticunderground.com web site penned by Chester Smalkowski and aptly titled “Just Another Salem.”
It is his personal story about the ordeal he and has family have been swept up in after their daughter, Nadia, refused to join a prayer circle during a basketball game at their local high school. Nadia, instead, recited the “godless” Pledge of Allegiance.
From there, events went out of control. Chester Smalkowski and family members attempted to hold a conversation with the high school principal. That turned into a physical altercation, Mr. Smalkowski was arrested under a battery of charges, and the authorities offered to dismiss the case if the Atheist family fled the state.
American Atheists joined in the subsequent criminal case, and Chester Smalkowski — battling incredible “Bible Belt” odds in the courtroom — was found innocent of the charges. News of that can be found on the American Atheists web site.
Edwin Kagin (ekagin@atheists.org), National Legal Director for American Atheists, is preparing a federal action which will touch on a number of issues in the Smalkowski case including violations of this Atheist family’s civil rights.
Chester Smalkowski vented his thoughts about this experience on a blog. AANEWS is reproducing this story for the benefit of our readers, unedited and in its original format. This conveys the honest, emotional, “from the heart” sentiments of Mr. Smalkowski, and constitutes one man’s recollection of an agonizing experience due to religious intolerance and fanaticism.
American Atheists welcomes support so that we may continue our efforts on behalf of Chester Smalkowski and his family.
There are lessons to be learned. Perhaps the most important, though, is that “it can happen here,” in America, in the year 2006.
– Conrad Goeringer,
AANEWS – American Atheists
JUST ANOTHER SALEM
The bailiff took the piece of paper from the foreman of the jury and handed it to the Judge. He opened the paper and while staring at it he nodded. The courtroom was silent and the jury stared straight ahead.
I have been in many situations where my life or limb were on the line but I was still in the game and had a hand to play. But not here, here I just sat waiting for the verdict.
Though I worried about being sent away for five years on bogus charges, my dread was the Christian mob. They knew I must be found guilty in order to slow or stop the civil case being filed in Federal court. Since the start of my daughter’s stand against the public schools disregard for the law of the land, it was imperative to run us out of the county to make any civil action non valid. With me in jail for five years running my family out would be a whole lot easier, or so they might have thought.
The courtroom was packed for it is the Bible belt. There was no love in this courtroom.
The loving Christians brought their children to hear the verdict. They brought the town. They brought ministers. I even saw another Judge in the back of the room. The Judge who in an earlier hearing while slapping an inch thick stack of papers on his bench saying with a list of witnesses this big you had better be a good boy. It was lies then, it was lies now and the DA knew it! (She was later forced to hand over a written statement she denied for over a year existed!) People prayed openly for a conviction. Many holding their bibles. During the trial the Prosecutions side of the courtroom was packed. Only my son and Edwin Kagin’s wife, Helen sat behind me, but now there was not enough room in the whole courtroom.
Yet now the so-called victim, the 325 lbs victim, the ex Marine, hurrahs, was nowhere to be found. Neither was the woman assistant district attorney anywhere to be found. Whose vindictive, bogus case this was from the start.
What sort of place is this?
Well this is not the place for a little debate in a coffee shop with the sweet salt air rolling up from San Francisco bay. This is a place where the children write on their schoolbooks the south will rise again. This is a place where they say that black people caused slavery! Where they burn rock CD’s. Mormons are the tools of Satan. That my daughter is gay cause only homosexuals vote for Kerry and Christians vote for Bush. Atheists worship Satan! Where religious fanaticism is fused with political rhetoric and political leaders pander to this madness. This place has a sickness, a malignant disease and it is spreading. Edwin saw it first hand.
There has not been many a trial with a Not Guilty verdict in this county for years. The head DA is good friends with the self-righteous in the courtroom and greets them all by name. You know the type.
Many old women in the courtroom are taking notes. Others have been taking notes at every hearing for the past year and a half! They strain to listen not wanting to miss one juicy word. With the pens and pads they write continuously. The pads shaking with every push of the pen. Even writing down what my children spoke amongst themselves.
Blue gray haired old Christian spinsters bitter for wasting all those fruitful years now just waiting for those pearly gates. These are truly the wicked. You have seen them before. With their bogus self-righteousness they strut and sneer. How far we have not come.
Others had walked out into the hall and warned a police witness saying that justice must be served, that justice better be served. The judge called a hearing on the threat.
He warned the crowd that if it happens one more time he would have no choice but to throw out the case. He was between a rock and a hard place. He knows my lawyers are watching and the loving Christians are out for my blood, and they are watching too. The law, elections and politics were all in play. The Judge left the court for his chambers and stayed away for a quite awhile.
The Christians, the loving Christians! Praying to a God whose wings are dripping in the blood of innocent men, woman and children down through the ages. Truly hypocrisy is one of their commandments and the blood of the innocence one of their sacraments!
Christian against Christian, Christian against Moslem, Christian against Mormon. Basically Christian against anyone or anything that challenges their pathetic little fairy tale.
Go to any Indian reservation and see the lies and broken promises by a country with “Under God” in their pledge.
I assume I need not have to explain about the loving hymns sung in church on Sunday and beatings of black slaves on Monday. But on Monday night the good old Master has a little tippy toe over to slave huts for a little brown sugar. While the queen of the manor is in the master bedroom past out on an opium tonic. Praise the Lord!
Well that was then but now the court was about to hear the verdict. There was a feeding frenzy about to begin with the dirty little atheist and his family put in their place with him in jail and the family run out of town. Like the teacher told my daughter “This is a Christian country and if you don’t like it get out!”
I could hear my heart beat in my ears and I dreaded the cheers from the righteous mob that were about to begin. The pain of having my family being in the front row to witness this swirling cesspool of hatred come to its inevitable end with my head on a pike, sucked the air right out of my lungs.
It was truly just another Salem. Different time and place. Same characters with new names. Oh, no gallows or big oak tree this time. But if they could they surely would. How far we have not come. I know, I already said that but do you really understand what a tragedy it means? The whole universe is ours if we want it but instead we must gravel in the dirt having to debate the obvious.
I have been standing against injustice most of my life. It is my nature. I am a child of the 60’s and proud of it. But what of my poor family? They stood so proud and strong. They are tougher than I will ever be. I had told them do not cry. Do not give these bastards any satisfaction. I told my wife if I see you cry I will surely loose it. I said it is in the Federal courts we will set things right and send that wall higher than it has ever been. On the wall behind us was a painting of the signing of the Declaration.
The judge handed the verdict to the clerk. The only sound was the paper. The paper in the clerk’s hands with the hand written words that spelled my doom, my family’s fate and the inevitable cheers from the Christian mob.
With my guts in my throat and no air to breathe. The court clerk read the decision of the jury.
We the jury find the defendant:
On the charge of Aggravated Assault and Battery:
Not Guilty!
On the charge of Assault and Battery:
Not Guilty!
On the charge of Assault:
Not Guilty!
On the charge of Battery:
Not Guilty!
Not a word, not a sound. The lynching had been cancelled. I took my first free breath in almost two years. I looked at the jury and mouth the words thank you. I gazed at the floor as floodgates opened, I dared not move my head that others might see. Charley don’t cry, but free air has its effects.
With all their praying, lies, crooked cops, warning that justice better be done, packing the courthouse with their followers, Even a teacher on the jury who had taught at the Hardesty School. (Our motion to take her off the jury denied.) Not guilty was still the outcome. The evidence was obvious. This was a bad case. And 12 men and women had the guts.
From the start of this legal fight my lawyers said Atheism must be kept out. That it was a no go in the Bible belt. I was just adamant that Atheism be brought in. For it is the reason. It was the motive for all the lies and hate. I felt it was about time that this dirty little secret of hate, persecution, Christian madness and hypocrisy is brought out into the light of day. When I told my lawyers this they all gave me the same bewildered stare.
So one by one, I dropped one lawyer then two. Then I had a hard time in finding another one. My third lawyer was still trying to convince me to keep my atheism out even up till the day of the trial. I still said no. Somewhere along the line I talk to the ACLU out of San Francisco. Who let me know my first civil lawyer was not telling me the whole story. I was advised by them and many others to complain to the Bar about him.
You see he never told me that the prayer in itself is illegal. That the schools in this area were not following the state and federal funding guidelines. When I asked him after finding out from the ACLU. He said yes it is against the law.
I told him I want to have it stopped. He told me he would not for he was a Christian and he believed there should be school prayer. His statement floored me for it bordered on madness. I said what you believe and what you do for a client is two different things and that you took an oath. He still refused.
It did not matter to him that I had already given him $10,000 dollars. He knows we are not rich. So I wrote a letter to him to complain about his refusing to take my daughters civil case where it should have gone from the start. And I asked for my money back. He sent me a bill for another $5000 saying it was the charge for reading my letter and wasting his time.
In my search for a civil attorney it became clear that no one would touch this case. In all of Oklahoma I could not find an attorney. My criminal attorney said he would look at it but only after I paid him his $15000 for the criminal case. He sent me a letter that the funds for the criminal were coming too slow and suggested that I seek other counsel for the civil matter. But even after he got his $15000 he would only take it if I paid him more. (Now that I have won the criminal case he wants on the civil. Suffice to say he is off the civil!)
Eventually I contacted the American Atheist, which was referred to me by Edward Tabash, who was referred to me by a Mr. Robert Tierman. I told them my problem in finding an attorney willing to take church and state case in which the people are blatantly breaking the law. Yet no one will take it. American Atheist, being out of another state, could not refer me to anyone. But they said they would try to help. The ACLU out of Oklahoma City refused. They sent me some standard letter. It really hurt that I did not even rate a return call or a reason. I felt betrayed, lost and confused.
Was this the United States? Where freedom reigns?
The whole family was under constant stress. Police trying to get search warrants to the property by having ex-employees file false statements. Other cops trying to hire ex-cons to beat me up. The whole town knows of it! The Sheriff trying to have my bond pulled by the bail bondsman when there was no legal way to do it. My kids have been out of school since November. Principal’s son saying should he get a gun when he sees my daughter and my son. DA has yet to reply to our concerns. The Department of Human Services comes to my place saying they received a complaint that I starve my kids. It was even obvious to them the charge was bogus.
We have become very good at using back roads. The police follow us around. Traffic tickets that when challenged were dropped in court. Not to mention the stares and whispers, the betrayal from employees, one of my healthy dogs dying. Brush fires starting up upwind.
An FBI agent even said, “You aren’t kidding”. When it was obvious someone followed us and was watching our meeting out in the middle of nowhere. I was told about a few things. All I can say is that some of the crooks out here now charged with crimes wore badges and guns! But he could not help my family and me. Not without witnesses willing to come forward. One scared witness left the state. The last words she spoke to me were, Chuck I don’t want to end up dead in a ditch!
Just what you would expect life to be like out here in the Bible belt!
The roller coaster of emotions we went through every minute, every day. It was truly a hell. There were days we spoke little. Other days we spoke late into the night. You get to a point you become numb, but it doesn’t last. For it is all aboard and you are on the roller coaster again.
My poor family. They were standing tall. But they would not even be in this place if it were not for me and my bright idea about centralizing our business. We all missed the desert. The free open Mojave Desert. My family did not ask for this. They deserved better. I saw them all suffering.
Many a night I would sit in the barn alone with a pint of scotch and look at the high beams and the rope on the wall.
Then out of the blue my wife received a call from Ellen Johnson who said they had a lawyer that can help us, an Edwin Kagin who is their legal director. Well I called him up, and our civil case is up and running.
Edwin Kagin also by my request came to my criminal case for the two cases are obviously interrelated. There were also other reasons.
Simply stated without Edwin Kagin, Ellen Johnson and American Atheist I would be in jail now, or worse. Without them, we would have no federal case on separation of church and state. The only group, the only lawyer that would stand with my family and me to protect the wall and not cringe at me wanting to put atheism as part of my defense.
In Edwin’s opening statement American Atheist magazine was shown. The crowd almost rioted. He explained that Atheism was not a dirty word and that it was a conclusion. That my family and I are not devil worshippers. We just have no Gods. It was the basis of the case. It was the danger. It was the truth. Yet the only lawyer to go there freely was Edwin Kagin.
In a world where superstition is the norm and those who seek another path are ridiculed or worse. Being an atheist takes guts. Freedom is never freely given. The good fight is always there.
Oh you can hide yourself in the latest sitcom or have one or two more scotch and waters but the good fight is still there. You can run to your malls and buy yourself crazy with credit card frenzy. But the good fight is still there. You can look away and deny allegiance. But the good fight is still there. These are the times that try men’s courage. You can debate till you’re blue in the face. It will not change a damn thing.
Our forefathers are on our side in this fight. Trust me. From Adams to Madison to Jefferson and Paine they all knew the dangers of a Theocracy. They wrote the Constitution to assure it. And within the federal courts we can protect this nation from a Theocracy.
The wall between the church and state must stand. But the wall is being battered and cracks now appear. The Christians are at the gate attempting to breach the wall and send us back down the road to an age of darkness, bloodshed and fear. My family and myself are willing to stand and fight the good fight. If we lose some skin, so be it. We have no more else to give. We are financially done. Thanks to American Atheist, Ellen Johnson and Edwin Kagin for the first time we do not fight alone.
Please stand together with us and fight the good fight. The fight that our forefathers began. Lets make the wall so high between Church and State that they who wish to tear it down will know better and be content with staying in their churches.
For freedom has never been free! There can be no freedom for all if the wall does not stand.
The wall must stand.
Chuck, Nadia, Nicole, Czeslaw and Bridgette Smalkowsk
Simply cut-and-pasting a previous post doesn’t answer my question, Mr. Kagin. The authenticity of the comments is still in question.
Obviously, a lot can change in 2 years–the comments in question mention that things started to go south after Nicole received her award at the A.A. convention.
It doesn’t seem unreasonable to assume that you still have contact information for the Smalkowskis, and it should be a simple matter for you to contact them to find out if they are indeed the source of the comments.
I look forward to a definitive answer soon.
Well well well,
I was e-mailed so I suppose I will tell part of the tale.
First off the post was real. Also I meant user name to be “treadtheenot”.
To use “Just another Salem” as your argument is lame, Ed Buckner.
excuse my grammer. I will not edit it.
So lets have at it.
To American Atheist and Eddie kagin
When my daughter fired you and I fired you and my wife fired you we thought you got the point. But you guys had to keep weaseling around to get something out of this so you made a side lawsuit. Unknown to us.
Then in your press release you claim we praised your efforts!!
What mushrooms are you smokin?
Well the proof of your deceit and lies as an organization is your press release !
We did not praise you!
WE FIRED YOU!!!
You challenge that we have evidence?
You imply we are lieing?
You challenge my family’s integerity?
You were fired!!!
Edwin- you should come before the bar.
Look the truth be told we were never the clients. American Atheist WAS the client.
To the Real atheists,
Go to youtube
Go to treadtheenot
click 2020 update.
look at dates of when I put it on.
read the “more info”
As to “Just another Salem”
I pulled it from my site awhile back but I cannot take it off blogs.
So being I wrote it I suppose I can also add to it so here goes.
After the trial and paying off edwin kagin under the table for coming out I eventually got to talk with jurors about verdict. To my surprise I found out that they believed atheism was part of story but they told me that the evidence was what made them decide not guilty.
Funny the evidence they kept referring to was evidence that my daughter and myself obtain on our own.
Furthermore some of this evidence edwin did not want in trial, other evidence he could not even understand where we were going with it.
He could not understand the mechanics of a fight. And did not want it in trial. I said it must be in for it proves the so called victim’s statements don’t add up.
When Nicole and I got my criminal lawyer to see where I was going with it, ( I remember his eyes opening wide open)
he explained it to edwin and it was part of case. At trial they demonstrated blow by blow for the jury. It was obvious something did not jive between the claimed blows and injuries. My story never changed and it fit!
Look in reality you must prove your innocense and the evidence and interpretation of evidence won case. My son over heard people in courtroom saying “who is running defense case?” They also said ” he has been here before”. Also I was reprimanded many times by Judge for talking to my lawyers and telling them what to ask next.
Look I am not looking for credit but the idea that edwin was some kind of daniel webster is just plain bullshit.
After verdict I let edwin go with it for awhile then I told him what I found out about what jurors said. I was very dismayed to hear much later that edwin was still using my “Just another salem” to push himself and to get people to join AA.
Truth be told edwin told me “To Plead Out,” the day before the Trial, I refused, he said “so we can get on with real civil case”!
If I had listen to him I would be in jail or some kind of probation for years while he could push his AA agenda.
In all honesty if I would have listened to my lawyers and took a back seat I would NOT be here typing right now.
As for trumping up edwins part in trial and remaining silent when I found out the truth, that I am guilty of.
I have kept quiet too long and biting my lip. If anything, my criminal lawyer did most of the case. He was willing to listen. He was happy with my input and yes he was concerned about atheism in case. He helped in obtaining an interview with a witness of a sheriffs deputy trying to hire someone to put a hit on me.
If I had to do it again maybe I should have kept him on. After trial he went out of his way to warn me, I might be set up in the future. You see I liked the guy and maybe thats why I got so pissed off.
You see there were… issues. And thats why I brought edwin out. Main one was that the assistant DA was a flirt. I did not like all the cutesie shit I was seeing. I remember two mexican ladies sitting behind me in a pre-hearing with other cases being heard saying they had better get an out of town lawyer after witnessing some of this flirting bullshit. I was also told things about her(DA) that would curl your hair. The more stories I heard about her the more I freaked. So I figured I have edwin around to keep things on the up and up.
Look I am no more better than any other healthy male but luckily as a young man I asked this Italian guy why he never took out some of the women at his business who were always flirting with him he said” Chucky listen me good. You never shit where you eat!” I never forgot that and have told it to many young men through the years who I saw were not thinking with the right head.
So… now back into the courtroom I got to watch Edwin worked his AA ads, waving the magazine around but hell I was looking at 5 years and from what I was told I would not make it out of the local jail. I was told” thats how they do things out here”. So I let Ed do his show. And I let the charade go on. And at the time I thought maybe it would/could help.
I wrote “Just another salem” long before I talked to jurors, long before seeing cases and injunctions being dropped that should have stuck. (like the Federal Judge wrote that she understood where lawyers were going but they sited the wrong cases!!), long before I realised edwin was more concerned with his lame internet show and was having the other lawyer do all the work, long before case against town was dropped and I remember saying how is that possible and gave them some facts. Ed told me why did you not tell us that before. Well I did tell them many times I suppose they wanted to keep me out of the loop or they wanted to shave off cases to get to the one where they would get their fame and make their real client happy.
Look I could go on and on. Maybe someday I will put it all down and call it a book. But for now my family and I have to pick up the pieces. This crap almost ripped us apart.
All I can say organized religion and organized atheism are both full of shit. Just different beliefs.
Same holy elitist scribes looking down and ploting how to keep their thrones and keep the game going. Debating everything but the obvious.
For there is only one argument only one answered question needed.
Prove your god exist!
But how many conventions can you have with just that? So it becomes ring around the rosy and the endless game goes on.
Look, this country will never be secular and maybe rightfully so. America is not ready, willing or
wants a godless land. Nicole and our family have seen the secular other side of this coin and we do not see much better.
Pity is my daughter Nicole stood up for what she thought was right. She was not part of some organization or group.
She did it out of her own sense of honor to herself and her beliefs. It was not so much about atheism as it was about the individual who is not afraid to stand alone against the many.
She has paid a dear price.
Yet I have never heard her complain about her situation. Always a smile and positive attitude with her eyes pointed towards the future. It amazes
me. For it is not a trait that comes easy to me.
But bring up American Atheist and our legal team then her smile becomes a frown. Then I see that squint in her eyes as her jawbone locks tight and then I smile.
So believe what you want ,think what you want, call us what you want
My family and I are very proud of Nicole. And Nicole is very proud of her family.
Thats all that matters.
Atheists do not belong in America, go set up your own country, oh, others are not abundent enough for you? (The Constitution), “In God we trust”, this is my country ,not yours!!!!!!!!!!
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