Beth Peller V Louis Shenker - TS of Ex Parte 1945RO250 - 11-15-19 Hearing
Beth Peller V Louis Shenker - TS of Ex Parte 1945RO250 - 11-15-19 Hearing
Beth Peller V Louis Shenker - TS of Ex Parte 1945RO250 - 11-15-19 Hearing
(00:29) All right, ah, ma’am, I’ve read your affidavit, and, so, first, is everything in your
affidavit true?
JUDGE
(00:41) Right. Hold on.
PELLER
Okay.
JUDGE
(Coughs) So, um… I’m sorry… So, Mr., ah, [Louis] Shenker — so, how do you know Mr.
Shenker?
PELLER
(00:53) He was my student. Um, I teach “College Writing” — English 112 — at UMass
Amherst, and he was my student in the spring semester.
JUDGE
(01:02) And is he still a student? Is…?
PELLER
(01:05) He’s — he’s not my student, but he’s still a student at UMass Amherst.
JUDGE
(01:09) Right. And have you gone to UMass authorities regarding his behavior?
PELLER
(01:13) So I went to the, um — to the administration and since Wednesday I’ve been attempting
to file, uh, reports with the administration, but they haven’t — it’s been very slow. And I — I
suppose — I thought that I was supposed to come here. I w- — I wasn’t sure — I didn’t realize
that I could’ve gone to the police department there. I thought I had to come here to get a stay
away order first. So I have filed with the administration, but they haven’t, um — starting
Wednesday, where they haven’t let me know that they’ve done anything with it.
JUDGE
(01:49) So, what — what caused you to come in here t- — or to seek this? So, um, I see you said
November 12 through the — can’t read your handwriting…
PELLER
(Laughs) Through today.
JUDGE
Through today… (Clears throat) So, is the — is it the recent, that it is online?
PELLER
(02:10) Well, it started in person at an academic panel at the Fine Arts center on Tuesday night,
where he stopped behind me and whispered threats in my ear. I haven’t seen him since the spring
semester and I — I even gave him a A [sic], um, and, uh, he was whispering threats in my ear
during this academic panel at the Fine Arts center. He started recording me without my consent.
Um, I moved away from him and he followed me around the auditorium recording me and
eventually he ended up yelling racial slurs, um, and hate speech at the panelists, at which point
the UMass police department removed him. Um, and for some reason since then he started
posting things about me online. Um, very inflammatory things. He is a self-avowed white
nationalist. Um, he talks — he said very racist things in my classroom. He talks about having
guns and decapitating small animals’ heads in my classroom.
(03:13) Um, and online he has been — he has been trying to, I think, drum up some sort of, um,
violence or inflammation against me from the extreme right because he’s saying I’m — I went to
the Middle East, ah, to join a terrorist group. I was a journalist in the Middle East when I was
younger. Um, he’s posted my real name as, ah, along with my Hebrew name. I’m Jewish. I go by
my Hebrew name, but my legal name is Beth. My Hebrew name is Barucha. Um, he has posted a
photo of me, uh, the class I teach, um, where I teach, and today, um, there’s a episode that he did
about me with Alex Jones of InfoWar [sic]. Um, who — if you know who Alex Jones is — is the
guy that said that Sandy [Hook was a government false flag] —
JUDGE
I do.
PELLER
Okay. I’m sorry if I’m — I — I don’t mean to be over-explaining, I just want to be detailed. Um,
quite frankly —
JUDGE
Hold on, hold on.
PELLER
(04:07) Okay.
JUDGE
This is a yes-or-no question.
PELLER
Okay.
JUDGE
Do you believe he knows where you live?
PELLER
(04:15) W- — ah… here in North Hampton? No, he knows where I teach. He could — he can
find my classroom.
JUDGE
(To another person; inaudible) …Be quiet. (04:20) So… So…
CLERK
(Inaudible)
JUDGE
All right. All right. So…
CLERK
(Inaudible)
JUDGE
All right, so… (coughs) um, I’m gonna’ issue this order. I’ll explain it in a moment; however, if
you go and file, go back to the clerk’s office and file a motion to impound your home address, I
would sign it so wouldn’t appear on this restraining order and he still will be ordered to stay
away from wherever you are living, but your actual address won’t be on there…
PELLER
Okay.
JUDGE
…So he won’t know, or from the — at least from the res- — the harassment order, your home
address. Do you understand that?
PELLER
Can I file that with the UMass PD or here?
JUDGE
No, no, no. T- — you’re here standin’ in front of me today.
PELLER
Ah.
JUDGE
When you go to the back of the clerk’s office, there’s a form
PELLER
Ah.
JUDGE
A motion to impound. Just, ah, put your information on there and, uh, and I will sign it, um, so
that it won’t appear on the, uh — on the actual harassment order that he is served with.
PELLER
Thank you, Your Honor. Can I ask a question?
JUDGE
Right. Hold on.
PELLER
Okay.
JUDGE
Mr. Clerk, what’s a 10-day date?
CLERK
(05:43) Hmmm, we’re using November 29.
JUDGE
(Writing) …“Courtroom 1.” All right, ma’am, I’m gonna’ issue this order; however, this order
will be issued on an emergency basis. So it is only temporary. (Clears throat) While it’s in
effect, ah, Mr. Shenker is ordered to not abuse you. He’s not to harm you, threaten you with
harm, attempt to harm you, or do anything that places you in fear that you might be harmed. Do
you understand that?
PELLER
Yes, sir.
JUDGE
(Clears throat) He’s ordered to have no contact with you directly or indirectly. He is to stay 100
yards away from you at all times. That’s the length of a football field. Do you understand that?
PELLER
Yes.
JUDGE
He’s ordered to stay away from your residence, and that’s wherever you are residing. One…
(Inaudible)
CLERK
(To Ms. Peller; whispers) Sign there, please.
(Inaudible)
JUDGE
(06:37) And she’s also — excuse me — he’s also ordered to stay away from your workplace, uh,
at the, uh — at the University of Massachusetts, ah, Library. Do you understand that?
PELLER
(06:47) Can I ask a clarifying question about that one? So, uh, the program that I teach for, their
address is at the library, but my classes are in other buildings and, quite frankly, I — I —
JUDGE
Is he still a student?
PELLER
He’s still a student and I — I really care about teaching, and I — I want my classroom to be safe
because I think that he meets the profile of a — a mass shooter, quite frankly. And I’m worried
about the stay away order applying to my classroom, so that I can teach in peace.
JUDGE
Well, let me stop you there.
PELLER
(07:17) Excuse me?
JUDGE
He’s ordered to stay 100 yards away from you at all times.
PELLER
(07:22) Okay, so that would include my classroom…
JUDGE
(07:24) (Clears throat) That’s whatever you are, whatever you’re doing.
PELLER
Okay.
JUDGE
At the grocery store, and — and unless the grocery store is 110 yards, he has to stay away from
you, and he has to stay 100 yards away from you.
PELLER
Okay.
JUDGE
So if you are in — anywhere you are, um, he’s ordered — these other, uh, order — the other
order (clears throat) is the — he’s supposed to stay away from your workplace…
PELLER
Okay. Thank you.
JUDGE
…Whether you are there or not.
PELLER
Okay.
JUDGE
He’s ordered to stay away from your residence, your — ehh — whether you are there or not.
So… But, otherwise I — he’s — he’s ordered to stay away from you.
PELLER
So wait — wait — I… Okay.
JUDGE
Hold on. Hold on. Let me — let me finish explaining this. (Coughs) So, this order is temporary.
Mr. Shenker has the right to object and be heard in court, so we are scheduling this for a two-
party hearing on November 29 at 9:00 in Courtroom 1. Is this Courtroom 1? So in this
courtroom, right? Again, he has the right to object and be heard and give his side of the story.
Can’t issue this order and, ah, put it in effect forever without him having an opportunity to
oppose this.
PELLER
Yes.
JUDGE
Do you understand that?
PELLER
Yes, I understand.
JUDGE
So, that January — excuse me — November 29 date is the date that this is scheduled, one…
PELLER
(Scoffs)
JUDGE
Hold on. It’s the date that is scheduled. If you’re not here on that date, then this order will expire
at 4:00 on November 29. Do you understand that?
PELLER
(08:49) I — can I ask a clarifying question?
JUDGE
Sure…
PELLER
Um, I — I’m with my family for Thanksgiving on that date.
JUDGE
(Inaudible)
PELLER
Um, and I imagine he might be as well.
JUDGE
Right.
PELLER
Um, I don’t — I — I just teach here. I don’t live here. Uh, during, you know — during breaks.
Um…
JUDGE
(09:07) Will you be — will you be back the first week in December?
PELLER
Yes, Your Honor.
JUDGE
Can we change that date, Mr. Clerk, to say…
CLERK
(Inaudible)
JUDGE
Thursday, December 5?
CLERK
(Inaudible; mumbles) We can do it at, like, ah… (Inaudible)
JUDGE
(To clerk) Well, you know, it’s a vacation… (Inaudible). So I don’t know if — we’ll make sure
that both sides have an opportunity to be here. So… ah, let’s see. So, Tuesday’s the third. (To
Peller) Are you gonna’ be back in town by Tuesday, the third of December?
PELLER
(09:35) Yes, Your Honor. I teach that day, but I — I’m sure I can get this up.
JUDGE
(09:39) All right, well, I’m presuming that this is very important.
PELLER
Yes.
(Inaudible)
JUDGE
(10:17) So… while this order is in effect, if you believe he’s violated this order (coughs), then
contact the police. And if you do have to contact the police, make sure you tell them that you
have an active harassment prevention order. Do you understand that?
PELLER
Is it the UMass police that I would contact?
JUDGE
You would contact whichever police department is the jurisdiction over where you are. So if you
happen to be in New York City, and he violates the order, you would call the New York City
police. If you were at UMass, call the UMass or Amherst police. Wherever you are, if you — if
he violates this order, call the state police. It doesn’t matter. You don’t have to — if you are
someplace else, you don’t have to call the UMass police…
PELLER
Okay.
JUDGE
…You call whoever is in your local jurisdiction. Do you understand that?
PELLER
Ah, yeah.
JUDGE
Okay. You don’t look like you do.
PELLER
(10:57) Well, I, ah — it’s, you know — I — I wonder about online — the online forums…
JUDGE
(11:04) Well, online, I was about to get to that.
PELLER
Oh, okay.
JUDGE
So, here’s the thing. In the United States, we have a First Amendment right and that protects
individuals from — and it also means that they have the right to say and do things online
(coughs) that might be, uh, unkind, might be hateful, might be a lot o’ things, but they are
otherwise protected by the First Amendment. They are not protected by conveying threats —
direct threats of harm — to you…
PELLER
Mmm-hmmm.
JUDGE
With this, uh — with this harassment order. So, he can say a lot o’ things. He can call you nasty
names online. He can do all sorts of things online that are certainly, you know, hateful, but he
has a right to do so unless it violates this order.
PELLER
Okay.
JUDGE
Okay. So, um, and, if it… but, he’s to have no contact with you. (Clears throat) So if he contacts
you online, that would be a violation of the order. So, if you went on your Facebook, or
whatever…
PELLER
And he — no contact with me and he has to stay…?
JUDGE
Contact. Yeah. And that would be — and that would be a form of…
PELLER
Okay.
JUDGE
…Contact.
PELLER
And he has to stay away from my workplace, too.
JUDGE
(Clears throat) Yes. He has to stay away from your workplace. Yes.
PELLER
Okay, thank you so much.
(Inaudible)
(Inaudible)
JUDGE
At 4:30 on a Friday, with her students watching?!
CLERK
Her students watching photos [sic]…
JUDGE
Her students watching court! Well… they can watch me leave. (Laughter) What? Where are you
students?
STUDENTS
UMass. (Laughter)