larvatus | notice of peaceful protests in the san francisco bay area

Dear Bay Area law enforcement personnel,

Over the following year, I shall reside and appear in your jurisdictions, exercising my fundamental rights under the First and Second Amendments to the Constitution of the United States in the course of ongoing peaceful public protests, as documented at http://www.subrah.com/ and http://larvatus.livejournal.com/tag/webex. The attached images and the article "Man with semi-automatic weapon protests on Sand Hill", published in a local newspaper, should give you an adequate idea concerning the parameters of my performances.

I conduct my protests in response to independently witnessed and officially documented death threats made against me and my family in order to deter us from pursuing claims recorded in a lawsuit subsequently filed in California Superior Court, County of Santa Clara as case No. 1-02-CV-809286, Zeleny v. Zhu and WebEx, in the names and on the behalves of Min Zhu and WebEx Communications, Inc. The evidence of these threats and their gravity sufficed for Judge Jacob Adajian of Los Angeles Superior Court to acquit me on 11 April 2003 of weapons carry charges on the grounds of necessity, in a bench trial of case No. 2CR11665. In accounting for his acquittal, he ruled:

He wouldn't get a gun permit. He wouldn't get a gun permit. We just don't issue those in L.A. unless you're a movie star or somebody who shouldn't have one. But they manage to get one. Attorney's [sic.] should have one. I couldn't get one when I was an attorney. I know when I became a judge, a responsible person, I was able to get one. Not as an attorney. I think he had a good-faith belief in the threat. He did go to the police. He did do the right thing.

Ten months after this decision, my father Isaak Zelyony, plaintiff in a related lawsuit No. 1-02-CV-810705, styled Zelyony v. Zhu, suffered fatal injuries in an apartment fire that appeared to start at two locations at once. A thorough investigation of causes and origins of this fire, which a retired Los Angeles Fire Department captain undertook on my behalf, failed to rule out the likelihood of foul play. My father was important to me. I am seeking amends for unlawful threats of violence that were followed by his violent death under suspicious circumstances. As of this writing, I have a pending lawsuit in federal court against callers who warned me that my father's death was not an accident and promised to arrange for me to rejoin him. I am protesting the ongoing institutional and individual support of a violent sexual deviant, who represents a grave personal threat to me and my family.

As law enforcement officers, you are well placed to assess my situation. For starters, you might consult the 1988 sealed police report of childhood sexual abuse made by Min Zhu's then 14 year-old daughter Erin. On numerous occasions Erin recounted Min's prior use of the terms that failed to dissuade me from pursuing my claim against him and his company, to persuade her to yield to his sexual advances. Her subsequent complaints of her molestation by Min Zhu can be found on newsgroup alt.sexual.abuse.recovery via Google Groups search for the terms "Erin Zhu sexual abuse". Additionally, they can be found along with her draft complaint against Min Zhu for childhood sexual abuse, her email correspondence with Blixa Bargeld to that effect, and various declarations by third parties attesting to the same facts, as matters of public record in Santa Clara Superior Court case 1-02-CV-809286, Zeleny v. Zhu & WebEx. Erin Zhu has authenticated the accounts of her rape by her father that she had authored and relayed or publicized, in sworn depositions in that case. Moreover, in a sworn deposition taken by John Walton on 3 November 2003, in Zelyony v. Zhu, Santa Clara Superior Court Case Number CV-810705, she confirmed under oath having settled her childhood sexual abuse claim against her father Min Zhu for $300,000, paying her lawyer David Affeld a contingency fee of 2.5%. She admitted having participated in the preparation of the draft complaint, which included a graphic description of her rape by Min Zhu. She acknowledged that after she settled her claim against them, her parents made her the beneficiary of a trust; and although she denied linking it to the settlement, she later settled a claim by her lawyer, who sued her for a contingency fee portion of the trust. While denying on that occasion that her childhood sexual abuse by her father involved "penetration", Erin Zhu confirmed under oath having told her lawyer when they prepared the draft complaint that it did involve penetration, and never having told him otherwise; and she further confirmed under oath that this sexual abuse occurred between 1 and 20 times. I urge you to consult the relevant parts of the transcript of Erin Zhu's referenced deposition, as entered in evidence and permanently consigned to the public record in NEA v. Zeleny, San Mateo Superior Court Case No. CIV499465, in the context of California Penal Code Section 263 providing: "The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient to complete the crime."

My revelations of these facts failed to diminish the support of Min Zhu by the Menlo Park venture capital firm New Enterprise Associates (NEA). By NEA's accounts, its business relationship with Min Zhu began in 1999 when it invested in the company that he founded, WebEx Communications, Inc. According to SEC filings, NEA's General Partner Scott Sandell was on the Board of Directors of WebEx until February 2002. In his sworn declaration Sandell testified that "Min Zhu was a consultant at NEA, with the title Venture Partner, from March 17 2004 through March 2008." NEA has acknowledged that in 2004 I emailed them about Erin Zhu's claims concerning her childhood sexual abuse by her father Min Zhu. In my communications I pointed out that Erin verified under oath having made these claims between 1991 and 2001 in conversation with her friends, associates, and employees; in public Usenet postings and letters to her husband Blixa Bargeld; and in statements to her lawyer David Affeld in connection with the claim for childhood sexual abuse that he presented to her parents and settled on her behalf. My notices went unanswered and had no effect on NEA's support of Min Zhu and his position at WebEx. Meanwhile, WebEx's CEO Subrah Iyar attempted to cover up Min Zhu's rape of his daughter. In the course of defending against my lawsuit under his leadership, WebEx filed sworn corporate declarations claiming that there was "absolutely no truth" to the allegations that Min had raped his daughter seven years prior to its founding, while allowing him to use its corporate assets as hush money to buy her silence about his crimes, and employ its corporate counsel in defending against my claims made against him as an individual, independently of his connection with WebEx. Min Zhu resigned from WebEx and fled the United States to China only after I exposed him as a child rapist at the WebEx User Conference in San Francisco, on 2 May 2005. Yet in September of the same year, NEA funded Min Zhu's next venture in China, in full knowledge of the foregoing events. Witness this pointed observation published by China Venture News on 23 September 2005: "What's missing in the Private Equity Online article or any NEA release is any mention of the previous controversy surrounding NEA's venture partner, Min Zhu, who joined NEA in 2004, after his forced resignation as WebEx President and Director." Another side of Min Zhu's character is captured in the 2007 report of a joint investigation of WebEx by FBI and NSA, which found it illicitly transferring the records of its customers' confidential communications to China. To connect the dots, NEA's knowing sponsorship of a duplicitous child rapist has been an open secret in the venture capital community for over seven years. This is especially noteworthy in an industry, whose foundations can be shaken by a female partner's displeasure at receiving a copy of Leonard Cohen's The Book of Longing from her male colleague.

According to Min Zhu, as of 2008, NEA continued to invest money in his company Cybernaut. I have no reason to doubt that their business relationship has continued to this day. By all accounts, Min Zhu has established himself as an excellent profit earner, inspiring investments from numerous profit-seeking institutions and individuals undeterred by scruples about his character. In bringing to light its defects, I look forward to finding out, how far the turpitude of Silicon Valley capital is matched by its shamelessness.

Please be assured that I am sensitive to your concerns for public safety. Accordingly, in the course of my Constitutionally protected activities, I pledge to abstain from any unlawful actions, including, without limitation, the following:

loading any firearms in the absence of a reasonable fear for life or limb;
deploying or firing any deadly weapons or firearms in the absence of a clear and present danger to life or limb;
making any threats of unlawful violence, including, but not limited to, drawing or exhibiting any deadly weapons or firearms in the presence of another person, in a rude, angry, or threatening manner;
stalking, accosting, or harassing any individual, including, but not limited to, making harassing telephone calls to any individual or institution, or sending harassing correspondence to any individual or institution by any means;
making any statement or engaging in a course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose; and
capturing visual images or audio recordings of any individual who has a reasonable expectation of privacy, or otherwise attempting to frustrate such an expectation.

I am pleased to point out that my prior events in San Diego, Milpitas, Menlo Park, and Santa Clara were unmarked by any disturbances. I hope that the same will be the case on this occasion of scaling up my activities within the bounds of legitimacy sanctioned by the authorities of the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court. Owing to substantial gains in my quest for legitimate remedies, my protests shall include topical artistic performances by bagpipers, clowns, rappers, and a brass band. I shall employ portable generators, high-intensity floodlights, and night vision devices to discover the identities and whereabouts of other friends and supporters of Min Zhu. It is my position that the mounting of these performances and the use of these instruments are protected under the First Amendment, and therefore are not subject to local permit requirements. However, as an accommodation provided in the spirit of courtesy, I shall consider reasonable requests for placing time, place, and manner constraints on my performances on a case-by-case basis. Lastly, I continue to claim the right protected by the First Amendment, to hold press conferences at the sites of my protests and to film all passerby there being questioned as to their opinion of their subject matter. I hope to forestall dangerous misunderstandings and futile litigation bound to be costly and disappointing to your taxpayers by giving you this advance notice of my plan.

My protests will take place, without limitation, at the public grounds adjacent to the following institutions and residences:

New Enterprise Associates (NEA), 2855 Sand Hill Road, Menlo Park, CA 94025;
Cisco/WebEx, 3979 Freedom Circle, Santa Clara, CA 95054;
Silk Road Software & Services, Inc. (SRS2), One Market Street, San Francisco, CA 94105;
Subrah and Rupar Iyar, 15292 Kennedy Rd, Unit A, Los Gatos, CA 95032
Scott Sandell, 120 Deer Meadow Ln, Portola Valley, CA 94028;
Forest Baskett, 24 Alexander Ave, Sausalito, CA 94965;
Robert J. Garland, 636 Melville Ave, Palo Alto, CA 94301;
C. Richard Kramlich, 3699 Washington St, San Francisco, CA 94118;
Jake R. Nunn, 2120 Ashton Ave, Menlo Park, CA 94025;
Arno Allan Penzias, 19 Calle Del Mar, Stinson Beach, CA 94970;
Brooke A. Seawell, 1155 Trinity Dr, Menlo Park, CA 94025;
Peter Sonsini, 350 Olive St, Menlo Park, CA 94025; and
Sigrid Van Bladel, 1338 Masonic Ave, San Francisco, CA 94117.

This list will be extended and updated in future online postings and email communications. My protests will continue until I receive full satisfaction for Min Zhu's offenses against me and my family. All concerned parties may address their communications to my lawyers Michael D. Pinnisi <mpinnisi@pinnisianderson.com>, Pinnisi & Anderson, 410 East Upland Road, Ithaca, NY 14850, phone: (607) 257-8000, and David W. Affeld <dwa@agzlaw.com>, Affeld Grivakes Zucker LLP, 12400 Wilshire Boulevard, Suite 1180, Los Angeles CA 90025, phone: (310) 979-8700, fax: (310) 979-8701. I may be reached at the number listed below.

Michael@massmeans.com ---- http://larvatus.livejournal.com/ ---- http://www.subrah.com

Zeleny@post.harvard.edu | 7576 Willow Glen Rd, Los Angeles, CA 90046 | 323.363.1860

Wronged by the high and mighty? Cut them down to size with legally safe and ethically sound degradation of unworthy moguls and scrofulous celebrities.

Flat | Top-Level Comments Only

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