Threats To Bar Prosecutor Treated As Serious Misconduct

An Illinois Hearing Board proposes a two-year suspension of an attorney who turned a routine case into something else

From July 2015 through September 2016, Respondent made multiple telephone calls to a number he knew belonged to Scott Renfroe, the attorney then representing the Administrator in this case. All the calls were placed outside of normal business hours, and Respondent left voice mail messages. Respondent made each call with the intent to abuse, threaten or harass Renfroe. Respondent also sent Renfroe two electronic communications, sending each with the intent to threaten injury to Renfroe. (Sec. Am. Compl. at pars. 26-29, 31, 33-34, 36). Here, the “electronic communications” were e-mails, and we refer to them accordingly.

Respondent’s messages to Renfroe, by voice mail and e-mail where indicated, are summarized briefly below. The Second Amended Complaint outlined the messages in greater detail and included additional insults and expletives contained in the messages. (Sec. Am. Compl. at pars. 26-29, 31, 33-34, 36). Respondent’s messages were:

July 8, 2015, 7:39 p.m.: “You will apologize to me for wasting my time, end this or you will not make an example of me, I will make an example of you and your filthy ARDC organization ? this will not end pretty for you, for me, anyone, drop this now ?”

(Sec. Am. Compl. at par. 26).

July 8, 2015, 7:51 p.m.: “By the way, this is a fact, not a threat. When I get cancer, you will be the first to know about it.” (Sec. Am. Compl. at par. 27).

August 5, 2015, 9:46 p.m.: “When I get cancer, I am going to kill you with my bare hands.”

(Sec. Am. Compl. at par. 28).

January 6, 2016, 11:59 p.m., by e-mail: “I just noticed something on my neck, could be cancer, I hope so. (wink!)” The message concluded: “I shall never forget the kindness you and your filthy government comrades have shown me in these matters. ?The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants ? to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee.’?”

(Sec. Am. Compl. at par. 29).

January 8, 2016, 7:36 p.m., by e-mail: “Do you know the difference between my office and yours? Metal detectors. Mine has none. What are you hiding from, Scott?”

(Sec. Am. Compl. at par. 31).

September 15, 2016, 10:15 p.m.: “? we have gone up in scale, so this is what I’m going to do. The day you suspend me, when I take my pills and get my affairs in order and I’m going to take care of you. I want to meet you for a nice discussion and how things are going ? this is ?Don Franz Unbound’, [sic] ? I [sic] no hair and anything, which restrict me from dealing with you, Mr. Larkin and the rest ? By the way Scott, I play for keeps.”

(Sec. Am. Compl. at par. 33).

September 15, 2016, 10:41 p.m.: “Don Franz the criminal, I’m going to have so much fun with you and your ? filthy friends, you don’t know what’s coming. And by the way, a major control in my life is about to be released and it’s called ?Don Franz Unbound.’ I have no fear of you, or Mr. Larkin ? your day is coming.”

(Sec. Am. Compl. at par. 34).

September 16, 2016, 1:55 a.m.: “? I forgot to tell you this, a nice thing about being a Franz ? if you are successful in murdering me, ? I have family ? If I do not get you, my family will ?”

(Sec. Am. Compl. at par. 36).

Early in the morning on January 7, 2016, Respondent placed a telephone call to his former client, Mike Rutkowski, with the intent to abuse, threaten or harass Rutkowski. Respondent left a voice mail message in which, after identifying himself, Respondent stated: “I will see you soon, you won’t see it, you’ll get it. Good bye ?. thinking of you always …” (Sec. Am. Compl. at par. 30).

Between September 14, 2016 and September 16, 2016, Respondent placed four telephone calls to a number he knew belonged to the Administrator, Jerry Larkin. None of these calls was made during normal business hours, and Respondent left voice mail messages. Respondent made each call with the intent to abuse, threaten or harass the Administrator. (Sec. Am. Compl. at pars. 32, 35, 37, 38).

Respondent’s voice mail messages to the Administrator are summarized briefly below. The Second Amended Complaint provides greater detail as to most of these messages, including additional insults and expletives the messages contained. (Sec. Am. Compl. at pars. 32, 35, 37, 38). Respondent’s messages were:

September 14, 2016, 3:08 a.m.: “Jerry Larkin, my name is Don Franz, I’m the attorney you are trying to murder because of an installment note, so the day you suspend me, I’m going to stop taking my pills, I’m going to get my affairs in order, I am going to kill you. Have a nice day.”

(Sec. Am. Compl. at par. 32).

September 16, 2016, 1:44 a.m.: “Mr. Larkin, Don Franz again  The day you suspend me, I’m going to attack you and Scott, whoever I can get my hands, and you guys started this, I’m going to finish it  I’m trying to get paid  for my services, which are always reasonable. You filthy bastards started this fight, I’m going to finish it. And by the way, I had a certain change in my family situation; I have nothing, nothing but my dog, to bind me to this planet. Other than your destruction . I’m going to destroy you . you’re a fuckin’ dead man!”

(Sec. Am. Compl. at par. 35).

September 16, 2016, 2:11 a.m.: “Jerry, Franz, final offer. You dismiss all charges against me, you apologize publically for suspending me, and you exempt all sole practitioners from CLE’s ? that’s my final offer take it or leave it, and it’s not getting better.”

(Sec. Am. Compl. at par. 37).

September 16, 2016, 2:21 a.m.: “Jerry, Don Franz again ?. if you murder me, throw me in jail, filing charges, I don’t care. My family is going to destroy you ? You and Scott, the rest of you ?. you started this fight for installment notes ?. No one fucks with a Franz, you started this fight, we are going to finish it and I’m not alone …”

(Sec. Am. Compl. at par. 38).

The crime of harassment by telephone is committed when a person makes a telephone call, whether or not conversation ensued, with the intent to abuse, threaten or harass the person at the number called. The crime of harassment through electronic communications is committed when a person uses electronic communications to threaten injury to the person or property of the person to whom the communication is directed. (Sec. Am. Compl. at pars. 24, 25). See 720 ILCS 5/26.5-2(a)(2); 720 ILCS 5/26.5-3(a)(5).

Sanction

Few words can fully reflect the seriousness of this situation. Respondent’s misconduct was not an isolated instance; rather, there were multiple contacts, repeated over time. Respondent’s comments went well beyond insults and disparaging remarks. Respondent’s communications threatened physical harm, in some instances explicitly, and included death threats. As time went on, Respondent’s communications became increasingly threatening and were directed not only to the Administrator’s attorney, but also the Administrator and one of the clients whose matter was at issue in these proceedings.

According to the admitted allegations of Count III, Respondent’s conduct constituted crimes which reflect adversely on his fitness to practice law, as well as conduct that is prejudicial to the administration of justice. The underlying crimes require that, as to the telephone calls, the call was made with intent to threaten, (720 ILCS 5/26.5-2(a)(2)) or, as to the e-mails, that the e-mail was sent for the purpose of threatening injury. 720 ILCS 5/26.5-3(a)(5). At the risk of stating the obvious, threats to inflict physical harm on an opposing party, that party’s attorney and a complaining witness are clearly antithetical to the proper functioning of the legal system, and the fact that an attorney would purposefully make such threats casts serious doubt on that attorney’s fitness to practice law.

(Mike Frisch)