Saturday, August 6, 2011

Irby states intention to sue for malicious prosecution.

Conservators for Stuart M. Irby, Sr. filed a Notice of Verified Petition for Rule 27 depositions to file testimony, Friday in Madison County Circuit Court. The petition states Mr. Irby will file a suit for malicious prosecution against Lee Bounds and Madison Police Officer Vickie Currie, after the cyberstalking case against him is "terminated". The petition states the indictment against him is still pending.

The petition states Mr. Bounds is the first husband of Karen Irby. It claims Mr. Irby took "Mr. Bounds and his entire family to lunch one Sunday to celebrate the birthday" of one of his daughters (Karen and Lee's child). "Mr. Irby took several photographs of the family. Later, Mr. Irby sent Mr. Bounds photographs of Mr. Bounds' seventeen year old daughter, which he had photo-shopped by putting pictures" her face "onto the body of an adult female wearing a swimsuit."

The petition refers to the email as a "sophomoric prank" and states it was "emailed to Mr. Bounds, not to his daughter". The petition then states Mr. Bounds "emailed Mr. Irby asking if he could use Mr. Irby's condominium in Destin, Florida during his daughter's Spring Break."

Here is where it gets real interesting and I predict a suit will be filed against the Madison Police Department at some point. The petition states the mother of the daughter is a Madison Police investigator. Uh-oh. Everyone get that? Question that must be asked is why Madison did not turn the case over to MCSO or MBI. Expect Mr. Irby's lawyers to hit this point when they file suit. It is also stated Ms. Currie is also a Madison County Investigator and has a "close professional and personal relationship" with Mr. Bounds' ex-wife.

It is further argued Madison has no jurisdiction, as the alleged violation never took place in Madison. The petition alleges Mr. Bounds claims he was eating lunch at Wendy's in Madison when he opened the email. However, the suit claims Mr. Bounds ate lunch that day in Jackson and thus "provided false information under oath".

Hmmm....... remember my post last week? I seem to remember writing this:

"That was the news portion, now for the informed commentary part of this post. Lee Bounds is the ex-husband of Karen Irby. These two men know each other- well. In fact, Mr. Bounds sued Mr. Irby for alienation of affection in 2004. The case settled in 2005. There is a history of animosity between these two men. Several sources have informed JJ what took place was the Irby family went to the King Edward hotel for Sunday brunch. Mr. Bounds was invited to bring his family, which he did. Mr. Irby took pictures and Mr. Bounds daughter was one of those photographed. Apparently Mr. Irby learned how to photoshop a few months ago and thinks its pretty funny to photoshop his friends' faces on other bodies like the Hulk, swimsuit models, and the like. He took the daughter's face (who is seventeen) and photoshopped it on some swimsuit models and emailed the pictures to Mr. Bounds supposedly as a joke. Unfortunately for Mr. Irby, the girl's mother is a Madison (city) police officer.

However, several questions must be asked about this prosecution. Why was the Madison Police investigating this incident as it involved one of their own police officers? Standard procedure would have been for the Madison PD to hand the case off to another law enforcement agency such as the Madison County Sheriff's Office. JJ obtained a copy of the police report several months ago but did not publish it because there are serious doubts about is veracity. The police report repeatedly claims Mr. Irby cyberstalked the minor. JJ had already done some digging on the case and learned the facts posted above. The report was not posted as I had a serious question as to whether it was slanderous as cyberstalking a minor is considered much worse than sending a tasteless or crude email to a grown man and I did not want to publish a police report containing false statements. The indictment was more accurate than the original complaint, police report, and media coverage were as it stated Mr. Irby contacted Mr. Bounds, not his daughter. Big difference. Big, huge difference."

Most of the media coverage at the time stated Mr. Irby cyberstalked a minor, not Mr. Bounds. It remains to be seen whether the local media will correct their coverage. Earlier post including screen shots of media coverage.




14 comments:

Anonymous said...

Is this the bald-headed mortgage guru Lee Bounds? He's pretty much mad at the world anyway huh?

Shadowfax said...

Good work Kingfish! I can't really wrap my mind around all of this but you've done a great job with your synopsis and puzzle pieces.

Anonymous said...

Jeez I'm confused - how many ex-wives do each of these clowns have? The policewoman is the mother of the teenager but is not the current wife? Are you selling programs to keep the platers straight? ;-)

Anonymous said...

1:07- Omg, that Lee Bounds?? seriously?

Anonymous said...

...that Lee Bounds??

Anonymous said...

Can I use the condo after Mr Bounds ?

Stu seems more generous than malicious.

Anonymous said...

I hope that Stu prevails. The continued use of our Criminal Courts to gain advantage in a Civil Suit is appalling.

It looks like Prosecution is going after a public figure without regard for the reality of what occurred.

Poor taste yes. Criminal behavior no.

Anonymous said...

This better than any trashy reality TV show .

I'll bet that before this episode ends, "snookie" will be seen shooting tequila with Irb at the Hotel Valencia
double -wide .

Anonymous said...

I had Stuart pegged for Real Housewives of BH; he should hookup with Kim. She's ten different shades of crazy herself and they would make one helluva mentally and chemically impaired power couple.

Anonymous said...

Is this the Lee Bounds that used to work with Claiborne Frazier?

Anonymous said...

Did not realize until reading this who the co-conservators are. If anyone stands a chance of possibly keeping Stu straight it's those three. Between Joe, Jeff & Marie, and Richard, none of them will put up with Stu's crazy antics. Not sure who decided on those but very glad the family has Richard involved as a voice of reason.

Anonymous said...

Bunch of clowns!!!

Anonymous said...

while many of you seem to have made a decision about the cyberstalking....do you really have enough information to form an opinion? What if the cops found pictures of the teenager at irbys house? what if the content of the photoshop pics were pornographic? Has anyone seen Taxi Driver with Robert De Niro?

Anonymous said...

I'm glad to see that his family is standing up for him. If this is true and was a conspiracy then the people behind should be punished. It seems from what you posted that there is something fishy going on.

SMI is vulnerable mentally and for all is known, Bounds was fully aware of this problem and was trying to capitalize on that for financial gain.

Does he have the option to file a civil suit for damages, for what I'm not sure.

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