Summer 2006
Rynearson & wife visit Bainbridge Island for the first time & learn of the history
Rynearson & wife visit Bainbridge Island for the first time & learn of the history
Rynearson & wife purchase property in Poulsbo (but do not yet live in Washington)
Rynearson & wife purchase condo on Bainbridge Island, visit the Bainbridge Island Historical Museum, and first learn of Clarence Moriwaki (but do not yet live in Washington)
Maj Rynearson resigns his military commission rather than assassinate an American citizen without charge or trial (refusing an unlawful order that violated the Fifth Amendment) -- his signed and offered resignation was not accepted
Air Force Central Adjudication Facility (AFCAF) Decision
Clarence Moriwaki argues to Judge Sara McCulloch that Rynearson's refusal of the order to
assassinate an
American citizen
without charge or trial outside a war zone who was no imminent threat (an order that Moriwaki
labels "lawful") is evidence that Rynearson has "contempt for authority," while
Rynearson's
lawyer argues that Rynearson's refusal of the order was exactly what we hoped soldiers would
have done when
ordered to
force Japanese Americans into internment camps
Maj Rynearson blogs about Indefinite Military Detention power given to the President of
the United States
as Congress (including Jay Inslee, Senator Maria Cantwell, and Senator Patty Murray) makes it legal
to happen again (indefinite military detention without charge or trial). His blog post ends
with:
Rynearson starts "Military Times" poll asking other military individuals if they are ready to refuse unlawful orders under the NDAA & polling them on whether or not they would obey the order to round up Japanese Americans today (less than half who respond to the poll say they would refuse the order to round up Japanese Americans even today)
Moriwaki invites Jay Inslee to give 75th Commemoration
speech at the Bainbridge Island Japanese American Exclusion Memorial (BIJAEM) on March 30th, 2017
despite the
motto of the memorial being "let it not happen again" & despite Jay Inslee literally voting to give the president the
power to
use the military to
imprison American citizens & legal aliens in military prison camps indefinitely without
charge or
trial as FDR did
The United States Air Force finds that Rynearson's reprimands (including one for refusing to assassinate an American citizen) are due to Maj Rynearson being "fully aware of the U.S. Constitution" and denies a request to revoke Maj Rynearson's security clearances
Rynearson's Signed & Tendered Resignation
Clarence Moriwaki argues to Judge Sara McCulloch that Rynearson's refusal of the order to
assassinate an
American citizen
without charge or trial outside a war zone who was no imminent threat (an order that Moriwaki
labels "lawful") is evidence that Rynearson has "contempt for authority," while
Rynearson's
lawyer argues that Rynearson's refusal of the order was exactly what we hoped soldiers would
have done when
ordered to
force Japanese Americans into internment camps
Rynearson and wife travel to New York to see Allegiance, the musical from George Takei about the
Japanese American Internment, during its first week of opening on Broadway
Rynearson shares a Moriwaki podcast (in a positive light) on a military social media page
Rynearson shares a BIJAEM video (in a positive light)
Rynearson & wife move into condo on Bainbridge Island
Major Rynearson officially retires from the military after twenty years of active duty service
Moriwaki supporter & Antifa member, Shannon Evans, repeatedly defames Rynearson across the internet claiming either that he did not retire from the military, or that he was forced to retire or be separated for losing a security clearance or for "bad OPRs," or that there is an unknown and unidentified document associated with Rynearson's DD214 that somehow negates the DD214 itself characterizing Rynearson's service as honorable, and makes many other knowingly false allegations about Rynearson's service. Self identified Antifa member & Moriwaki supporter, Houston Wade, also spent considerable effort likewise defaming Rynearson throughout the island community and beyond making false claims about Rynearson's military service.
Rynearson first messages Moriwaki on FB and Moriwaki accepts the friend request
Moriwaki messages Rynearson and provides his unsolicited phone number, invites Rynearson to meet for beer or coffee, and asks for Rynearson's phone number
Rynearson briefly chats with Moriwaki at Mochi Tsuki Festival at Island Wood and buys the book "In Defense of our Neighbors" by Mary Woodward
Rynearson initiates first & only text message to Moriwaki asking if he wants to
comment for an
upcoming
blog article about his fitness to represent the memorial and Moriwaki asks Rynearson to leave him alone
for the first time
-- Rynearson immediately ceases all
contact
Full Text Message Conversation
Kitsap County Superior Court rules that "Rynearson did not Facebook message, text message, email,
telephone, or otherwise contact Moriwaki after February 5th."
Moriwaki omits last text message response in his rendition to police
Moriwaki plants false claim about unwanted contact in the Associated Press
Moriwaki lies to 10,000+ neighbors in the Bainbridge Islanders Facebook group (a group that declined
Rynearson's request to join in order to challenge this defamation)
Due to Rynearson's inability to challenge the lie, even reasonably intelligent and
educated neighbors believed these false claims without requiring
evidence
Moriwaki's false claim replicated by supporters
(like Sue Wilmot) to defame Rynearson across the internet
Kitsap County Superior Court rules Moriwaki is a public figure & that Rynearson's NCMBI page does
not impersonate Moriwaki & Rynearson did not contact Moriwaki after being told not to
NPR/KUOW host Bill Radke repeats Moriwaki's false claim (well after court ruling otherwise) to a
panel
and audience in Seattle
Rynearson creates the public "Not Clarence Moriwaki of Bainbridge Island" (NCMBI) Facebook Page that
expresses the opinion that
Clarence Moriwaki is unfit to represent the Bainbridge Island Japanese American Exclusion Memorial and
criticizes Moriwaki for:
Rynearson posts In "Bainbridge Island Open Community" explaining his criticism of Moriwaki, his motivations, and his desire to discuss the issue locally without it becoming a larger off island issue and offering to meet Clarence Moriwaki so that they can discuss the issues without it becoming a larger conversation
Senator Christine Rolfes posts on NCMBI that the page assumes the identity of Clarence and may be illegal
Rynearson posts in a public discussion on Facebook page of Bonnie McBryan (owner of the Eagle Harbor Inn hotel on Bainbridge Island), references an analogy about talking to neighbors on a public street, Bonnie assumes analogy is rhetorical else sounds "a bit threatening," Rynearson says "now that's just silly" and confirms it is rhetorical, Bonnie says "thank you" and contacts Moriwaki to recommend he consider calling the police based on the analogy
Bonnie McBryan messages Rynearson & demands he stop commenting about Clarence Moriwaki
Moriwaki supporter, Keith Brofsky, demands Rynearson take the NCMBI page down else says
Facebook will do it for
him.
Moriwaki supporter & Antifa member, Shannon Evans, tells Rynearson NCMBI is an ax to grind & that Clarence
is not a public
figure
Kitsap County Superior Court rules Moriwaki is a public figure and, even if he were not, that Rynearson
has
a free speech right to criticize him
Admitted Antifa member, Houston Wade, bans Rynearson from "Bainbridge Island Open Community" Facebook group & deletes his post
Clarence Moriwaki files for a protection order at the Bainbridge Island Municipal Court
claiming Rynearson
made a "fake" Facebook page, and that
Moriwaki experiences "constant anxiety, sleeplessness, fear of potential contact" and is "upset over impact
to my reputation" and "intimidated." Moriwaki tells the
court that Rynearson has "demonstrated sociopathic behavior and obsessive harassment" and that his
possession of a
firearm may possibly present a danger.
Moriwaki asks the court to force Rynearson to undergo a "mental health" evaluation, surrender his
firearms, and to
exclude him from parts of Bainbridge Island and force him to pay for Moriwaki's court action against
him.
Moriwaki claims an emergency exists because of the upcoming Bainbridge Island Japanese American Exclusion
Memorial
75th Commemoration and asks the court to
ban
Rynearson from attending because Moriwaki is concerned Rynearson might "be disruptive."
Clarence Moriwaki submits paperwork to the court/law enforcement and checks the box "YES" for "Is the restrained person likely to react violently when served?" less than three months after giving his phone number unsolicted to Rynearson and inviting him to meet for beer or coffee
Clarence Moriwaki claims Rynearson "defamed" him but provides no examples of defamation
Clarence Moriwaki lies to Judge Sara McCulloch that Rynearson said he was outside his apartment when he knew Rynearson merely made an analogy about being in a public street that even if literally true would not be stalking
Clarence Moriwaki equates withdrawing support for politicians because they imprison Americans without due process, as being the same as breaking up with a girlfriend just because she likes "sappy movies."
Judge Sara McCulloch informs Moriwaki she won't confiscate Rynearson's firearms as Moriwaki requested because Rynearson made no violent threats and therefore the standard for ex parte gun confiscation had not been met
Bainbridge Island Judge Sara McCulloch
Issues Temporary Protection Order against Rynearson which
Moriwaki contacts Facebook and reports the NCMBI page, calling it "racist" because it purportedly connected and compared him to Nazis -- Facebook refuses to take the page down
Moriwaki supporters (like Peggi Erickson) advance the false allegation that Rynearson is
racist
Rynearson as a groomsman at a Florida beach wedding in 1998:
Rynearson Takes Down "Not Clarence Moriwaki of Bainbridge Island" Facebook page in compliance with the TPO
Rynearson flees Bainbridge Island & he and his wife withdraw from full time college terms in
Seattle,
explaining:
"Sadly, we have moved out of our Bainbridge Island condo one year to the day after we arrived with dreams
of
post military living. The public calls for my death (liked by several including my self identified
'civil
rights' activist adversary) and the caricature of me and my wife to literally hundreds of our neighbors,
based on his lies, have made it unsafe for us in our home at the moment. We hope to return to our
retirement
home when the hysteria has died down. In the meantime we will spend our time on our Poulsbo property
with
frequent trips in our new RV."
Moriwaki contacts police, claims order violation, requests police consider arresting
Rynearson
Court Audio:
Moriwaki lies to Judge McCulloch that Rynearson violated the temporary protection order (and lies about
screen capturing public posts to "prove" it)
Clarence Moriwaki likes his friend's suggestion that Rynearson's wife should be disbarred as an attorney for being an "enabler"
Clarence Moriwaki claims Rynearson's vehicle anti-theft device makes him fear for his life and he is also "gravely alarmed" and fearful due to Rynearson's "activism for the ownership and use of firearms to protect against perceived threats..."
Clarence Moriwaki cites a reprimand from the military where Rynearson was accused of lying -- and fails to mention the audio/video proof that Rynearson did not lie and that the claim in the reprimand was false
Clarence Moriwaki emails Bainbridge Island Police Chief, Matthew Hamner, and tells him, "I urge your department to be wary of this potentially dangerous individual Richard Lee Rynearson III."
Clarence Moriwaki emails Bainbridge Island Police and tells them "...I would urge extreme caution approaching Rynearson..."
Moriwaki inacurrately tells Judge Sara McCulloch that Rynearson was arrested by the Border Patrol (he was
not arrested). Moriwaki
also inaccurately relays that the court found the checkpoint stop was legal (it did not, rather it
refused to decide
the question citing qualified immunity)
Fifth Circuit Court of Appeals Judge Jennifer Walker Elrod was the lone judge to rule in
favor of Rynearson, finding the agents
did not have qualified immunity and therefore the court should rule the Border
Patrol agents violated the Constitution -- the other two judges declined to decide whether or not the agents
violated the Constitution, simply dismissing the case and not deciding the question
Moriwaki tells Judge Sara McCulloch, "I wish that my nightmares caused by and about Rynearson would go away."
Despite his first request being denied, Moriwaki repeats his request that Judge Sara McCulloch force Rynearson to surrender his weapons and increase the stay away distance to 500 feet or greater, writing "I am truly frightened for my physical safety – and life – from Richard Lee Rynearson III" and justifies his claimed fear by "quoting" Rynearson's pro-Constitution military blog from years past along with shared "provocative" memes
Moriwaki's conclusion and fabricated "quote" from Rynearson's blog:Moriwaki tells Judge Sara McCulloch that he has literal nightmares and is uncomfortable being so close to Rynearson in the court room, while Rynearson's lawyer argues there are no words, no conduct, nothing that would indicate threat or violence or anything physical and that Moriwaki claiming otherwise is hypocrisy
Clarence Moriwaki lies to Judge Sara McCulloch telling her he screen grabbed public posts from Rynearson that were not removed by Rynearson and therefore violated the TPO. When pressed further he admitted that his friend in the non-public closed group (which the court record shows to be Bainbridge Island Historical Museum volunteer, Roth Hafer) actually got the screen captures for him and the posts were not public and therefore did not violate the protection order -- Judge McCulloch does not appear concerned about being lied to by Mr. Moriwaki
Bainbridge Island Municipal Court Judge Sara McCulloch labels Rynearson a "serious and imminent threat to public health or safety" and to the "health and safety of Mr. Moriwaki" due to his expressed "negative energy" online and forces him and his wife to turn all firearms into the local police department, and increases the stay away distance to 300 feet
Bainbridge Island Police Department Sergeant, Scott Weiss, emails Clarence Moriwaki a list of confiscated firearms owned by Rynearson and his wife
Bainbridge Island Police Department Detective, Scott Weiss, refers alleged order violation to prosecutors (a
violation
that carries a year in jail) based on a 2015 link to a video that shows petitioner's name
Kitsap County Prosecutor writes that Judge Sara McCulloch lacks authority to issue the protection order she issued & declines to prosecute Rynearson for the allegation of violating the temporary protection order stating that "First Amendment issues aside, the provision of the protection order the suspect was referred for violating does not amount to a crime."
Moriwaki explains to Judge Sara McCulloch that the key to the alleged cyberstalking is the content of Rynearson's posts, trying to persuade him into a position he doesn't agree with and attacking his character
Kitsap County Prosecutor explains he has not made a decision whether or not to charge Rynearson criminally for cyberstalking, but will "sit on it" and re-visit the charging decision based on any "future referrals" about Rynearson.
Rynearson's lawyer requests Clarence Moriwaki cease his defamation of Rynearson regarding the false claim of "physical stalking" based on a harmless analogy
Moriwaki supporter, and Seattle real estate attorney, Brian Danzig, shares his view that the court should
force
Rynearson to have mental health supervision because his response brief was so detailed and lengthy
Despite her ruling months earlier based on the exact same evidence, Judge Sara McCulloch returns Rynearson's firearms and rules that Rynearson "has no criminal history and has not made any threats implying physical violence towards Mr. Moriwaki. Further, this court cannot find any incidents of threats or violence in his past."
Jude Sara McCulloch excludes Rynearson from a portion of his own property and from some of the shops in downtown Winslow for criticizing Moriwaki online and explains that people buy things on the Internet these days
The ACLU of Washington and the Electronic Frontier Foundation file a combined amicus brief in support of Richard Rynearson's federal lawsuit Rynearson v. Ferguson
The Kitsap County Prosecutor declines to charge Rynearson for the allegation of
cyberstalking, writing that
"There
were no threats made to the victim, and the suspect did not use lewd or lascivious, indecent, or obscene
words, images,
or language. Because of this, it would be very difficult to prove any criminal intent – namely, that the
suspect intended
to harass, intimidate, torment, or embarrass the victim beyond a reasonable doubt. The suspect’s intent
arguably was to
advance his own political agenda." The Kitsap County Prosecutor added:
"Another unique fact is that the majority of the communication occurred on Facebook. If this were a
face‐to‐face
conversation, it most certainly would not be criminal."
Moriwaki emails Judge Sara McCulloch to tell her that Rynearson is
"aggressively attacking" her in "the court of public opinion."
Moriwaki supporter & self identified Antifa member, Houston Wade, emails Rynearson's attorney (UCLA law professor & distinguished First Amendment scholar, Eugene Volokh) to tell him that he will lose his case, writing his email as the president and CEO of "Noosphere Geologic Services International"
Judge Sara McCulloch herself files a police complaint against Rynearson alleging harassment due to anonymous
speech, Bainbridge Island
Police Department refers her complaint
to the Kitsap County Prosecutor, but the Prosecutor for a third time declines to prosecute Rynearson
stating
Rynearson "Did Not Commit the
Crime"
The FOIA document also shows that Judge Sara McCulloch considers Clarence Moriwaki
and Houston Wade to be
personal friends
Clarence Moriwaki contacts Bainbridge Island Police Department, alleges order violation without evidence, and requests police "perhaps" arrest Rynearson
Clarence Moriwaki contacts Bainbrige Island Police Department and falsely claims an order violation -- claiming that speech (which he assumes without evidence was Rynearson) violates the protection order simply by mentioning his name online, even after Judge Sara McCulloch expressly told him her order did not prohibit Rynearson from using his name online
Bainbridge Island Police Department emails Clarence Moriwaki to respond, "...there isn't anything criminal to prosecute."
Moriwaki supporter & admitted Antifa member, Houston Wade, tells his ACLU friends they are backing the wrong person by supporting Rynearson
Kitsap County Superior Court Rejects Moriwaki's Motion for Reconsideration and states:
Clarence Moriwaki loves Bryan Zetlen's recommendation that he lie about Rynearson to his neighbors
Multiple death threats are directed at Rynearson (posted to anonymous accounts suspected of either being Rynearson or of being sympathetic to Rynearson) from Twitter accounts using varying degrees of impersonation and an affinity for the term "Dicky" (with the first account having only one follower: Clarence Moriwaki)
Moriwaki supporter & Antifa member, Shannon Evans, posts
information about Rynearson's location along with defamation
Eagle Harbor Inn owner and Moriwaki supporter, Bonnie McBryan, claims without evidence that Rynearson is harassing her and states that a person she respects told her she is part of an unruly mob that is unfairly targetting Rynearson and that she should do some soul searching
Moriwaki supporter & Antia member, Shannon Evans, refuses to provide evidence for her claim that Rynearson
spread misrepresentation of the truth
Moriwaki supporter and convicted felon, Tres Cozine, claims he has multiple screen captures of Rynearson making threats. When asked to support his claim by providing the screen captures, he refuses
Moriwaki supporters Bonnie McBryan, Shannon Evans, and Ali Perry visit the Bainbridge Island Police
Department -- Bonnie McBryan expresses concern about an anonymous Twitter account
"which we think is Richard Rynearson" -- Ali Perry
files a police report against Rynearson alleging (without evidence) that she was threatened by
Rynearson
online,
and complains that the anonymous Twitter account posted a
screen capture of Ali Perry's
public social media comment
BIPD responds that the anonymous speech was "not criminal in nature."
Moriwaki supporters including Arrow Point Guest House owner, John Haydon, are unmoved by Rynearson's attempt to correct defamation
Clarence Moriwaki calls police alleging Rynearson broke into his home and left a cigarette butt in his sink as a message of intimidation and asks the police to perform a DNA test on the butt
Rynearson files an amicus brief in support of Houston Wade's free speech rights in John Du Wors v. Houston Wade after a temporary protection order is issued against Wade for his social media posts
Rynearson speaks at the Bainbridge Island Japanese American Exclusion Memorial (BIJAEM)
Judge Sarah McCulloch uses legal reasoning supplied to her by Rynearson (which she ignored in his own case to find against him before she was reversed) to reverse the temporary protection order issued by another Bainbride Island Municipal Court judge and find that Houston Wade had a free speech right to criticize a neighbor on his Facebook page (The Bainbridge Island Bad List) despite the allegation of cyberstalking from John Du Wors who sought a protection order against Houston Wade for criticizing him on that Facebook page and for contacting his employer
Court AudioClarence Moriwaki files a third police report on Rynearson and alleges Rynearson broke into his home for a second time, in the middle of the night, to re-arrange Moriwaki's belongings and to put his cheese slicer in a pot, while Moriwaki slept
Rynearson's federal suit supported by the ACLU of Washington and the Electronic Frontier Foundation is successful and Washington's cyberstalking law is struck down as a violation of the First and Fourteenth Amendments to the Constitution
Moriwaki supporter and convicted felon, Theodore "Tres" Cozine, calls Rynearson's parents in Florida and leaves phone threats and also calls Rynearson and leaves threatening phone messages even after being told to not contact Rynearson
Moriwaki supporter, John Haydon, posts
on the wall of convicted felon, Tres Cozine,
information about Rynearson's wife's
location
Moriwaki emails the Bainbridge Island Police Department to suggest that Rynearson has gone into "hiding" and to alert them that his friends discovered that Rynearson is in (or recently visited) Oregon
Clarence Moriwaki informs the Bainbridge Island Police Department that he suspects when the lab returns the fingerprint analysis from his second reported "break-in" that the prints will be his own as the person who brazenly broke into his apartment to put his cheese slicer in a pot while he slept wouldn't be "so careless" as to leave prints
Moriwaki supporter, Barry Malone, passes screen captures of Rynearson to Clarence Moriwaki and claims he
disengaged and blocked Rynearson for "safety sake" based on his interactions with him in the Real Bainbridge
Islanders
Facebook group. Moriwaki forwards Barry Malone's emails to the Bainbridge Island Police Department. The BIPD
responds:
"I have examined the contents of the three emails you have sent me today and found nothing that falls
under the scope of criminal
law."
Clarence Moriwaki emails the Bainbridge Island Police Department to inform them that somebody broke into his garage and asks the police to let him know if Rynearson gets in touch with them
Moriwaki supporters, Tres Cozine, Bonnie McBryan (owner of the Eagle Habor Inn hotel), Houston Wade, Ali Perry, John Haydon and others coordinate on a Facebook page dedicated to "Keeping Tabs on Richard Rynearson"
Moriwaki supporters discuss Rynearson on the Emerald City "Antifa" page and Antifa repeats Moriwaki's false claim that Rynearson is violent
Moriwaki unsuccessfully attempts to block his multiple police reports from being released via Public
Records Request and
contacts the Bainbridge Island Police Department to ask if they have contacted Rynearson yet, supplies
BIPD with
location information on Rynearson
BIPD responds, "...there is nothing that would legally involve
[Rynearson] in
this matter."
Military personnel at McChord AFB are briefed of Rynearson's victory for free speech
The Washington State Patrol Crime Laboratory concludes all fingerprints from Clarence Moriwaki's second alleged home break-in belonged to Moriwaki himself
Moriwaki supporter, Ali Perry, attempts to use Rynearson's military service to paint him as being mentally
broken
A Washingtonian wins a suit against the State of Washington (Slotemaker v. The State of Washington)
after Rynearson's wife files a brief in
support (writing on behalf of the
ACLU of Washington & the Electronic Frontier Foundation & Washington Association of Criminal Defense
Lawyers) by citing Rynearson v. Ferguson -- the State of Washington concedes,
as the Court notes, stating "Citing Rynearson, the State in this case concedes error, stating that it 'no
longer believes it appropriate to challenge this appeal.'"
The Court Opinion in Slotemaker v. The State of Washington
Moriwaki supporter lies about Rynearson posting defamation in Real Bainbridge Islanders Facebook group, is challenged, and then edits the false claim
The Bainbridge Island Police Department includes a crime lab report from the 23rd of May into the "cheese
slicer" police report
filed by Moriwaki and concludes that "...all identifiable prints belonged to Moriwaki."
Clarence Moriwaki exports his losing narrative (accompanied by Ali Perry and John Haydon) to a Kitsap
neighbor, Rachael Kentner and Nicole Noel, who moderate a social media group that
spreads Antifa fascist ideology & praises Antifa violence, Rachael Kentner begins
making Moriwaki's same defeated claims about Rynearson breaking into Moriwaki's home, risking safety by
criticizing
censorship, conjuring up non-existent "threats," etc and she and Nicole Noel begin making statements about
engaging the police and courts over criticism --
Kentner "leaves" Facebook and is immediately replaced as admin in her group by a newly formed account "David
Archer" which begins where she left off
Nicole Noel picks up the baton for the Moriwaki mob, says she may send thugs, will
get her friends at Facebook to look into Rynearson's speech,
claims she will file a restraining order on tribal land where Rynearson's legal resources won't matter,
leaves false claims on the business page of
a man associated with Rynearson,
and posts false claims in the North Kitsap Shares
Facebook group she administers that was started by Moriwaki-associate, Rachael Kentner, with participation
from Moriwaki supporters Shannon Evans,
Jeri Banks, and Ali Perry and advances the defamation recommended to Moriwaki
Erin Self recycles debunked defamatory claims against Rynearson
Moriwaki supporter, Houston Wade, makes false claims about Rynearson's involvement with another islander currently suing Wade for defamation