Big Oak Flat restraining order case to go to trial

A Tuolumne County Superior Court judge Thursday scheduled a trial in mid-October for the case of a restraining order against a newly elected Big Oak Flat-Groveland Unified School District trustee accused of harassing a district employee.

The trial is slated to begin at 8:30 a.m. Oct. 20 in Tuolumne County Superior Court, Department 2.
  

Michael Malloy, elected in May’s recall election of the Big Oak Flat-Groveland board, was earlier ordered to stay more than 100 yards away from District Business Manager Elizabeth “Lisa” Rico, of the Don Pedro area. The order says he cannot contact her directly or indirectly, including via e-mail correspondence.

At Thursday’s Order to Show Cause hearing, Judge James Boscoe set the trial for 90 days away. The time may facilitate a “cooling off period” court documents said.

If Rico decides to dismiss the civil harassment charge, she must notify the court one week before trial.

Rico filed the original Request to Stop Harassment July 2, after receiving a threatening e-mail and, later, flowers from Malloy, who requested her not to tell anyone, court documents said. She was granted another temporary restraining order Thursday that will expire Oct. 20.

In a June 2 e-mail communication from Malloy to the district’s acting Superintendent Marianne Quinn, District Chief Business Official Tonya Midget and Rico, Malloy expressed his dissatisfaction that another district employee, bond project manager Travis Kirk, had asked him about bills Malloy pulled for board review.

According to e-mail replies by Quinn, included in court documents, it is normal protocol for Kirk to check on unpaid bills to vendors, as it’s his job to be the liaison between Measure M vendors and the district.

In the e-mail, subject line “somebody thinks I’m kidding,” Malloy wrote, “I spoke to Travis Kirk. He asked me about the vouchers I pulled to have the board review. He shouldn’t have known about those vouchers. If this happens again, I will investigate, and the person responsible for releasing confidential information will be first skinned, then fired. I just wanted to let you know that I’ve given you fair warning.”

On July 9, Malloy, of Big Oak Flat, met with a sheriff’s deputy in Groveland and turned over four rifles and one shotgun, in compliance with the temporary restraining order, sheriff’s officials said.

In court documents, Rico claims she never released any confidential information to begin with, and Malloy has made her “worry day and night about (her) safety.”

On June 3, court documents allege, Malloy left Rico a voicemail “demanding” she meet with him.

“He was somewhat apologetic but very forceful and irritated when I refused to meet with him alone,” Rico wrote in her filing.

Board President Ian Morcott, of Groveland, was reportedly at her office when Malloy brought her flowers June 3.

“Mike ordered me not to tell anyone about the threatening e-mail. He also brought me a bouquet of flowers and told me not to tell my husband. I immediately got more frightened and wanted to leave,” Rico’s filing said.

According to court documents, Rico has since visited both a doctor and therapist.

In a June 4 e-mail from Malloy to Morcott, Midget, Rico and Quinn, he apologized for his self-described “rude and uncalled for behavior,” and asked their forgiveness.

Thursday, Malloy appeared in court with attorney John Lupo, of Strawberry. Lupo was previously the district’s attorney, but terminated his agreement with them July 21 to avoid a conflict of interest, he told the court.

District trustees Gloria Marler and Morcott were in the audience along with a contingent of Don Pedro and Groveland residents including key players in the district recall election.

In Malloy’s filed response to the Request to Stop Harassment, he said he did not agree with the request and claimed innocence.

“My actions were legitimate and innocent, but the words I used showed poor judgment and were misunderstood. I did not know Ms. Rico would react the way she did ... I made a serious mistake and I am sorry,” Malloy wrote in the court filing.

Malloy made vague justifications in his filing: “If Ms. Rico has suffered any emotional distress I was not the cause of it. More likely than not, it was caused by another source that I cannot legally disclose in public,” and “My other reasons to justify what I did will further demonstrate a legitimate purpose and innocent intent for my actions but they cannot be legally disclosed in public.”

Additionally, Malloy claimed the TRO has negatively affected his reputation.