It was clear from the beginning as I was bombarded by countless questions that it wasn’t going my way.
Here’s an example:
Becker: Both Wally Duncan and Bill Bach have repeatedly said they never received any notification and never received a letter from me regarding the date of the Dispute Hearing even though we contacted the city four different times: two by phone to the City’s lawyer in St Louis, once by email (Feb 21) to the City’s lawyer in St Louis and once by letter (Mar 14) to Mr. Bach.
[showed an enlarged image of a canceled check]
This is a copy of the canceled check which was attached to that letter on March 14. I handed this letter to Bill Bach’s secretary, Brandi, in person. They had to have received it because they cashed my check.
Susan McVey: I don’t see any staple holes in that check.
Becker: It was paperclipped.
Susan Mcvey: So it could have been separated.
Becker: I set the paperclipped letter and check down on Brandi’s desk and apologized for a typo on the date line. They cashed the check…they did receive this letter.
Ron Hendrix: Well, maybe you’ve now learned you should have sent it by certified mail.
Becker: Certified Mail isn’t any more direct that in person.
Ron Hendrix: Oh, you gave it in peraon. [he certainly hadn't been listening]
Becker: Anyway they would just claim that it was a different letter in the certified envelope than the one in question.
Ron Hendrix: No one at the City would do that.
Becker: But they are denying they received this letter and I delivered it in person with a check that they cashed.
I showed the council that Bach made major accounting errors. For instance, because Mr. Bach forgot to capitalize the investment over 10 years which caused a 12000% increase of what the rate should have been:
Mr Bach’s calculation: $1,051.00 / megabit
After correcting it: $8.76 / megabit
And the issue of subsidizing, I showed that once Mr Bach’s accounting errors were corrected the City made a minimum of $4,400.00 per month off of SEMO.net and as much as $10,000/month off of SEMO.net. I urged them to tell the community that my company was never subsidized and they refused.
We can now finally get back to the jury trial as we await the judge to set the date.