“And a Christmas/Hanukkah Cheer from a Lawyer with Heart”
Read the actual devastating heartfelt Defence written by Brian Shiller (Feb. 2013) on behalf of the ailing, 85 year-old Joe McLeod. (BELOW)
Joe McLeod, who was, for decades, considered Canada’s senior and most reputable Morrisseau expert, died in May 2017, with an unresolved and I consider a specious lawsuit hanging over his head.
In fact, Joe McLeod, when first attacked by fraudsters, was the VERY FIRST Morrisseau dealer or collector, to – without hesitation – immediately turn his paintings over to an independent forensic expert – Brian Lindblom – on Jan 24, 2002, winning forensic authentication of the BDP signatures on the backs, from him for seven paintings he had sent for examination.
A Damning & Telling Omission – I note that:
– neither Kevin Hearn did that, in the 13 years he had what he eventually claimed was a “fake” one “Spirit Energy of Mother Earth 1974” – entirely based only on a Ritchie Sinclair orchestrated “take-down” on Jun 22, 2010 at the Art Gallery of Ontario;
– neither did his lawyer Jonathan Sommer – in the six years he was paid to work on the case;
– neither did their “expert” Carmen Robertson – in the five years since she was hired to target Joe McLeod and diss Hearn’s “Spirit Energy” painting, which he bought from Joe’s Maslak McLeod Gallery in 2005.
Ignoring the Blood, the DNA, the Fingerprints on the Murder Weapon – Why did this trio repeatedly NOT choose to do the obvious thing – the right thing – which Joe, and many other honest and reputable art collectors and dealers, openly did in 2002 and after, and refer the signatures to independent professionals, like Dr. Atul K Singla or Kenneth J Davies? Both have a bank of “known” original Morrisseau signatures in pen, pencil, and paint on documents, prints, and paintings to compare.
Hiding Their Wankers – And why the constant deception, and dishonest non-disclosure regarding the NMHS’ own paintings they called “fakes.” A poster child of this gross and continuing malfeasance involved – Oh, No! Not him, again? – NMHS lawyer Richard Baker, the official guardian of the Wanker 16, given to its operatives for training purposes by Toronto’s Robinson family, so they would know exactly which paintings Kinsman Robinson Galleries (KRG) wanted them to target as Morrisseau “fakes” slated for “destruction.”
When he testified, on Dec. 6, 2017, Baker inexplicably refused to bring even a single of the Wanker 16s to court, about which I acidly – but with a knowing smile – reminded him, after he left the stand, and just before Jonathan Sommer shouted me down. But, I had registered my point… And Baker knew it. His face had turned to stone…
He and his NMHS collaborators had failed the acid test. For thirteen long years they had refused to show the public, and investigators like myself, photos of any kind showing the fronts and the BDP backs of the Wanker 16. And when he failed to produce even one for the court, he proved without a shadow of a doubt, what conniving fraudsters he and his colleagues on the NMHS were, and how through their Cultural Genocidal activities, were doing GREAT IRREPARABLE HARM TO THE ART AND ARTISTS OF CANADA’S INDIGENOUS PEOPLE.
Joe McLeod had sent his BDP paintings for forensic authentication…
James White had sent his BDP paintings for forensic authentication…
Joe Otavnik had sent his BDP paintings for forensic authentication…
Michael Moniz had sent his BDP paintings for forensic authentication…
Ugo Matulic had sent his BDP paintings for forensic authentication…
Artworld had sent its BDP painting for forensic authentication…
Bearclaw’s BDP painting had been sent for forensic authentication…
Woodland Art’s BDP paintings had been sent for forensic authentication…
Sunami’s BDP painting had been sent for forensic authentication…
Potter’s BDP paintings had been sent for forensic authentication…
John Goldi’s BDP paintings had been sent for forensic authentication…
I have been reliably informed that this list tops over 150 authentications.
Done, after their paintings were called fakes by the KRG/NMHS fraudsters.
Which alone is a vicious and malicious destruction of well over $100,000 of costs involved in order to prove the obvious.
It is an acid test for their art and their claims, that no KRG NMHS operative – not Baker, not Hill, not Phillips, not Robertson, and not Pop, Pup, or Pard Robinson, nor lawyer Sommer – ever dared to do, for obvious reasons, EVER, in the 18 years most members of this group have perpetuated the greatest art fraud in Canadian history.
Just continuing to aggressively refuse to have the BDP signatures on the backs of their so-called “fake” paintings forensically tested.
You know, exactly like all those perps on the crime shows do: refuse to take the breathalyzer; refuse to Walk the Straight Line; refuse to take the lie detector test; refuse to have their hands tested for gunpowder residue; refuse to have the murder weapon tested for Blood, DNA, or Fingerprints.
SO, for years I collected forensic data “on their own stuff,” and bided my time. Like the cop who for months, shadowed the perp, till he caught him carelessly throwing away a cigarette butt, with DNA, and sealed his fate.
And, in the fall of 2017, I too, had finally done it, and did for them, what they refused to do for themselves… Send the evidence to the scientists…
In September 2017, I got forensic authentication for multiple key paintings that were the most intimately tied to this dastardly group, and which they called “fakes”:
– Kevin Hearn’s “Spirit Energy of Mother Earth 1974”
– Bryant Ross’ “Water Spirits 1979” – vetted as fake by NGC Greg Hill
– Bryant Ross’ “Upper & Lower Worlds 1978” – vet’d as fake by NGC Greg Hill
– Donald Robinson’s Wanker #1 – “Warriors in Circle of Life 1974”
Leaving you – and all Canadians to ask: Well who’s the Fake?
Has any group of self-styled art experts, anywhere in this world or the next, ever been more disgraced as utter fraudsters, by genuine independent forensic experts, than this cabal of silks, satins, suits, and snoots?
Transparency is Always One-Sided – Unlike this conniving cabal, Joe Otavnik (in Otavnik v Sinclair) had, without the slightest hesitation, openly delivered the BDP “Jesuit Preist 1974,” on June 29, 2009, directly to Richard Baker’s Toronto office, where Baker, Don Robinson, Ritchie Sinclair, and John MacGregor Newman, all plotted to call it a “fake.”
Don Robinson then wrote his totally fraudulent “expert” report, full of Morellian idiocies, calling the painting “fake.” A forensic expert, a year later, ruled “Jesuit Preist 1974” authentic, with DNA certainty. So much for this cabal’s claim to having any credibility as Morrisseau experts, or as far as honesty is concerned.
More 1974 Deceptions – I note with interest that Robertson is now doubly-wrong about NEVER having seen authenticated Morrisseau BDPs from 1973-75. Her self-imposed blindness deliberately ignored the fact that TWO paintings with BDPs from 1974 were forensically authenticated: Otavnik’s “Jesuit Preist 1974” and Donald Robinson’s Wanker #1 “Warriors in Circle of Life 1974.”
And NO, neither owner was involved in paying for, or having the authentication done. I was only a facilitator in one; but a public benefactor paid for both forensic examinations, one in 2011, one in 2017.
One of the most damning Carmen Robertson fabrications is her tiny restrictive window of paintings in her database to within 1973-1975. This is a preposterous and idiotic conceit and construct of the most ridiculously contrived kind it’s possible to conceive of. So, what is her game? What is her aim?
From Farce to Folly and Far Beyond – First of all, 99% of Norval’s art – say 15,000 works – is entirely in the private hands of collectors, whom Robertson completely excluded from her 1973-1975 database. So deliberately rejecting many hundreds, possibly thousands of paintings from a three year period of when Norval was at his most prolific period.
Norval, in fact made his living NOT by selling a few paintings to a few snooty and aloof public galleries*** – undermining them, big time, as a totally farcical source for any kind of representative sample base for anyone seriously trying to deduce anything remotely relevant about his lifetime body of work.
***Let’s note the sterling exception of Robert and Signe McMichael, who, decades before the federal government cultural czars, recognized Norval’s genius. They encouraged him to switch to acrylic on canvas. And they bought his glorious art for the McMichael, when for decades to come his art was racially excluded by the National Gallery of Canada and its curators, who were determined to keep Indigenous art and artists from contaminating the real art by white artists in the premier art gallery of the nation.
Norval sold 99.999% of his art by the “each,” door-to-door, like the Fuller brush man, in parking lots, malls, or on the streets, in countless small towns across northern Ontario, for decades, for $10, $30, or $50, or in exchange for food, services, or lodging. That’s where you find his art, in homes, fishing and hunting camps, tourist lodges, stores, garages, attics, and under beds.
And guess – go ahead – how much paperwork regarding these sales or transactions, was ever exchanged or written down, anywhere, by anyone, in these thousands of Cash Economy deals? Guess what kind of “provenance” trail there is for these thousands and thousands of street sales…?
Yeah I know Carmen Robertson claims each sale was all meticulously noted and logged in, with paperwork, because if it is not, she says, you have a fake Morrisseau. Exposing her as totally ignorant about something else: NOT EVEN AN IDIOT WITH SINGLE DIGIT IQ WOULD, IN ANY WAY, DOCUMENT A CASH DEAL SALE – THE STANDARD NORVAL SALE, INVOLVING THOUSANDS OF PAINTINGS OVER DECADES – which would just stupidly leave a trail that they were cheating the Canada Revenue Agency out of thousands in taxes NOT PAID.
Not even Jay Leno’s “stupid criminals” would do that. But apparently it washes in Wascana Creek.
Robertson is, of course, just dutifully repeating the utter bumpf fed her by Donald Robinson, who professes to believe the same nonsensical crap. But what can you expect from a researcher who says she began studying Norval seriously in 2001, and yet – follow me on this please – never bothered to interview him while he still lived, for seven more years… And now she claims to be the Morrisseau expert…
Yes the Canadian fine art world is full of this kind of surrealistic nonsense.
She’s notorious, these days, because she apparently believes she’s a much better expert by NOT contaminating her beliefs with those of her non-consulted sources. Her preferred pattern of academic research seems to be – It’s much better if they just let me speak for them, and not distract me with unhelpful stuff I don’t want to hear. Remember, she also did NOT interview or contact other key people who could have straightened out her misguided and farcical research approach, methodology, and conclusions: Joe McLeod, Randy Potter, David Voss, James White, Joe Otavnik, Ugo Matulic, John Goldi.
She knew exactly what she was supposed to say about them all. To try to get their “side,” was just a useless distraction for her style of academic research.
Sure the “Expert” was Participating in a Sommer Plot – And, in the same way, Robertson also deliberately sneered off the Judge Martial Judgment, and the Justice Sanderson Judgment, which BOTH hugely discredited everything that Sommer had tried to allege in the only other such Morrisseau “fakes” trial in Canadian history. None of their landmark findings found their way into her report, to contaminate the story Sommer wanted to tell the judge. In fact it’s clear it was a deliberate attempt by her, and her handlers – in line with the secrecy of the report itself – to try to blindside a judge who probably wouldn’t have a clue about Morrisseau art to begin with, by NOT priming him with these previous and hugely negative landmark rulings.
Had Robertson only talked to Norval, instead of puff herself up, he could have set her straight about all her emphasis on fabricated provenance paperwork.
“White man’s paper’s no fucking good.” (Pollock, Dear M, p39)
Second, Robertson ridiculously restricts her database to only a few elite public galleries with atypical holdings. In fact six of the 18 galleries she counted on to give her data, refused to send her anything. So factoring that in, her already tiny and unrepresentative database source, is out the gate, hit with a further deficit of another 33% loss of reliability. But Robertson admitted on the stand – with her girlish giggle – that she’s poor at math. For a start, professor.
Third, public galleries like the National Gallery of Canada had a well-known racist exclusion of the art and artists of Canada’s Indigenous people till c 2000-2006. So they would NOT have been a good source, at the best of times, of Norval’s art from 1973-75. Robertson does not mention, or factor in, this long term racist exclusion, that would have hugely undermined them as a good source for anything credible to do with Norval’s art. She could NOT have been unaware of this; more likely she was trying to help cover up the racist policies of her public gallery colleagues in the very, very recent past. NOT in Sir John A Macdonald’s time; not in the residential schools period; but their aggressive racism against the art and artists of Canada’s Indigenous people, in the 1980s, and 1990s.
A racist denigration of Norval’s art that has now started all over again – since 2001 – targeting and doing Great Irreparable Harm to the art and artists of Canada’s Indigenous people, thanks to the self-aggrandizing campaign launched by the Kinsman Robinson Galleries’ Robinson family manipulating their “insider” NMHS branch plant operation to target Morrisseau art in the hands of their business competitors in order to enhance the value of art its own members own.
Fourth, Robertson is dishonest and/or deceptive in testimony. She made a big to do on the stand about how the Canadian Museum of History laid out on big tables ALL its huge Morrisseau collection for her to examine to her heart’s content. Trying to make herself look like a big shot doing key research.
The Professor Stacks the Deck – What she hugely failed to tell the court – no she deliberately misled – is that most of that collection of 133 works, is NOT AT ALL acrylics on canvas, which she is supposed to be studying for relevance, but as she says in her own report, OOOPS… “the majority of works are drawings on paper.” (Robertson, report p. 17.) And so utterly and totally irrelevant, and of no help whatsoever, for her to judge “Spirit Energy” by.
It is as ludicrous as pompositing about originals by studying lowlife dupes or copies. But we know this too, is a favorite Robertson research technique. It’s akin to doing a study of luxury mansions, by studying tenement housing. Or studying the Uffizi Gallery masterpieces by researching them at the IKEA poster department.
So, did the museum have five or ten or 15 acrylics on canvas for her to study? And guess how many from 1973-1975? Her own window of research. And how many were BDPs? For some reason she does NOT say. Can you guess why?
Fifth, Robertson is dishonestly manipulative also, in closing the gate at 1975. Why would she do that? No one would restrict a study of Robert Bateman’s art to 1967-1969. NOBODY. Or Picasso’s to 1921-1923… This ridiculous restriction makes NO sense to analyze any artist by. So what is her game? What is her aim?
All artists’ works change widely and wildly during their careers, as they reach out to find their comfort zone. Norval was more unfettered than most, not only in his personal behaviour, but in what he painted, on what he painted, and how, and especially how he signed, and when, and when he did not and why.
Norval’s output, ALL VARIED MORE WILDLY, AND FAR MORE SO, THAN FOR ANY OTHER ARTIST I’VE EVER HEARD OF. From painting on glass bottles, crappy pieces of wood, chunks of stone, slabs of bark, stretched skins, pizza boxes, paddles, spoons, baskets, on paper, cardboard, masonite, wallboard, canvas, movie screens, you name it, Norval was there ahead of you.
And more so, than any other Canadian artist I know, Norval painted huge canvases. Many huge canvases.
Canada’s Only People’s Artist – And all of it – more so than the work of any other Canadian artist – Norval’s original works are scattered in thousands of private homes from coast to coast, and around the world. Like NO OTHER ARTIST BEFORE OR SINCE, Norval made original fine art affordable and accessible to working and middle class people. And Norval gave value for money, not like Robert Bateman, with those worthless crappy repro calendar art knock-ofs, of his that so many people have framed in their rec and living rooms.
So what’s this about restricting an analysis of Norval’s art to three years’ worth of stuff that happens to lie in storage in some crappy vestigial collections in a few public galleries?
Look for an ulterior motive. Look for another private agenda. Look for something contrived, and manipulative… Look for something sneaky, and underhanded. Don’t look for anything to do with scholarship, or academic rectitude, or trying to understand or evaluate Norval or his art…
Because absolutely, hundreds, maybe thousands of Norval’s canvas BDPs were painted in 1976, that is, within days, weeks, or months of Robertson’s arbitrary 1975 cut-off date? Does this contrived and arbitrary Robertson modus operandi make sense to anyone, even to those with single digit IQs?
Here’s my take. There are a lot of acrylics on canvas painted in 1976. They are all BDPS. Many have been forensically authenticated. Robertson doesn’t want that to contaminate her story line. Remember her aim is that “Spirit Energy 1974” is a unique BDP, has no relatives, in that tiny window of study, and therefore a fake.
Sixth, she’s also trying to protect her mentor Donald Robinson. I happen to have TWO BDPs from 1976, both forensically authenticated. One of them at 100% and one of them by TWO forensic experts. She doesn’t want those, on that basis alone, to contaminate her sample group.
Donald Robinson – the self-styled Principal Morrisseau Dealer, the man who told me in 2000, that “he wrote the book on Morrisseau,” and was the under bidder on both these Morrisseau BDPs. They both have huge 1976 dated signatures on the back. Authenticated BDP signatures.
And for some reason are just arbitrarily cut off outside the bounds of Robertson’s inexplicably tiny window of study. To my mind they hugely validate the BDP signature type found on the back of “Spirit Energy,” not discredit it.
But it is NOT something Robinson wants to hear, and is determined to stamp it out with her “out the gate” exclusionary instead of inclusionary style of academic research. Which is to begin with a malfeasant approach by anyone beginning a research project on any topic.
And NO, its NOT arbitrary at all – she brought the gate down, deliberately in 1975, to exclude them and the damning indictment they pose to her study, and to save Donald Robinson’s reputation – what’s left of it.
She didn’t want her fabricated story – that in 1974 or 1975 there are NO authentic BDPs – challenged by someone who says
“Hey, wait a minute, professor. Don Robinson was the aggressive under bidder on two BDPs exactly like your questioned sample and dated 1976. Why exclude them from consideration when they were vetted as authentic by the best Morrisseau expert and were painted – by anyone’s standard of common sense – virtually at the same time as your questioned sample, only weeks or months apart?”
I note this same cabal of plotters – certainly Sommer and Hearn – refused again – it was reported to me – to deliver, or provide access, to the painting called “fake,” by Robertson, “Spirit Energy,” to the Defence expert Paul Bremner CPPA AIA, for examination when asked in October and November 2017.
What are they trying so desperately to hide?
Why this constant sneaky deceptiveness, by Sommer, Hearn, Baker, the Robinsons and KRG, the NMHS (Phillips, Hill, Robertson, Baker, etc.) with hiding the BDP backs of their so-called “fake” paintings?
The answer is obvious, even to anyone with a single digit IQ.
By 2017 there have now been some 150 such independent forensic authentications of Norval’s BDP signatures on his paintings, including one for the very painting McLeod was being denigrated and sued over “Spirit Energy of Mother Earth 1974…”
And NO, Joe never paid for it, because he couldn’t afford to do it, even to clear his name… before he died…
So I arranged for it to be done, and paid for, by a public benefactor.
And NO, neither Joe nor Shiller were “friends” of mine. And NO, I never told Joe or his lawyer, I was doing it. Joe died without ever knowing; Shiller learned about it on Oct. 2, 2017, when I announced it in court.
If you have read Joe’s “Defence” – written and filed in 2013 by lawyer Brian Shiller – you will be one of the very few who ever have…
And you will have discovered that one who clearly has NOT read it, is Carmen Robertson, or she could NEVER have written all that totally irrelevant and utter silliness about “provenance” related to “Robert Voss,” “Rolf Schnieder” (sic), “Dr. Irving Jacobs,” or “David Voss,” as the opening diatribe in her “expert” report denouncing Kevin Hearn’s “Spirit Energy of Mother Earth 1974.”
Ask yourself, why Robertson would deliberately refuse to contact the one person – “David Voss” – who was clearly documented, in the Defence to the lawsuit filed in 2012, as being the consigning source for the painting she claimed was a “fake.”
So I did what Robertson conspiratorially did not. On the phone, Voss openly admitted to me, in Nov. 2017, that HIS records show he owned “Spirit Energy” and had auctioned it through Randy Potter, on Feb. 14, 2004. No hiding; no sneakiness; no fakery. Just utter transparency, and openness.
The McLeod/Shiller Defence clearly states that the painting was sold at Kahn Auction, run by Randy Potter. BUT ROBERTSON REFUSED TO CONTACT EITHER RANDY POTTER OR DAVID VOSS… Why not?
NO DEFENCE AGAINST LIBEL & SLANDER – By her willful refusal to contact the key people – Potter, Voss, and McLeod – before she started to slang their art as fake, their businesses as fraudulent, and McLeod as a crook – Robertson was in Gross Violation of the protocols of the Defence of Responsible Communication, as demanded by the Supreme Court of Canada, that any writer who publishes, must follow in order to plead the Defence.
Robertson has NO DEFENCE for Libeling these men, and Slandering “Spirit Energy.”
Obviously, theirs was clearly NOT the story Robertson wanted to tell, or was directed to tell… by the fraudsters she had surrounded herself with. What was her aim? What was her game?
Why did she prefer to sneer away all that – which was clearly detailed in the McLeod Defence – and just use her own fabricated “provenance” argument as her defining and primary evidence uttered as the opening bombast in her trial testimony, and the header proof in her closing bluster, at the end of her time on the stand.
And go on to claim, on that basis, that in her “professional” opinion, Joe McLeod was a deliberate fraudster and conniving crook, and that he knowingly sold the painting “Spirit Energy,” to Kevin Hearn as a lowlife “fake,” which she claims was BOTH, painted by a forger, and BDP signed by a forger.
And was absolutely NOT – in her opinion, as a self-styled Morrisseau “expert” – painted or signed by Norval Morrisseau, a man she never interviewed, but for whom she has decided to become the mouthpiece.
Joe’s Annus Horribilis 2010 – Ask yourself, why would any reputable academic sneer off reading the Defence of June 2013, a carefully prepared legal document for a trial, and, deliberately ignore ALL the explanations made by a Defendant and his Lawyer in response to a lawsuit; and instead go back a few years, to look for dirt, to a time when NO lawsuit was involved, but an ailing Joe McLeod was under enormous physical and mental attack by fraudsters.
(In fact in Dec. 2010, Ritchie Sinclair was charged by Toronto Police, with multiple acts of Criminal Harassment of the 82 year-old Joe McLeod over the past few months, at his car, his office, and his home.)
Kevin Hearn had also, with malice aforethought, withheld from McLeod – for six days – that “Spirit Energy” had been dismounted as a “fake” at the Art Gallery of Ontario. And then had compounded the malfeasance by lying to Joe, implying to him that the AGO had dismounted “Spirit Energy” as a “fake,” when Hearn very well knew that was a lie, that, in fact, Joe’s arch Nemesis, Ritchie Sinclair, had dismounted it, and that Kevin had a private bragging email from Sinclair that proved it. That Sinclair, acting on his own, had an AGO rental shop staffer remove it from display.
And then it gets worse… for Kevin Hearn…
The Damning Gerald McMaster Confessions – Hearn knew something else too, which his own emails also confirm. That Gerald McMaster, the AGO’s Curator of Canadian Art, admitted to him he DID NOT know if “Spirit Energy,” was a fake; that he DID NOT have the expertise to know if it was fake; that he needed more months with the painting BEFORE he could make a judgment; furthermore, that he needed to CONSULT WITH SOMEONE ELSE FIRST, BEFORE he could decide.
In short, McMaster confessed to Hearn, that it would take a lot more time and effort and consulting with real experts, to determine if the guy that had been shot to death was actually guilty…
I believe Joe died without ever knowing that Hearn was lying to him, and sneering at him behind his back, with minor level AGO staff – it’s all in the emails – and that the agent for Joe’s Annus Horribilis of 2010, and his declining years, was NOT, either AGO Director Matthew Teitelbaum or Curator Gerald McMaster, as Hearn was trying to imply to him, but was actually Ritchie Sinclair, whom Joe had refused to accept as a gallery artist several years before. Joe called Sinclair’s wannabe “Indian art” – by a white Indian imposter/impersonator – “ersatz.” Nowadays, it’s called cultural appropriation.
IN FACT – What you can consider Joe’s last will and testimony, regarding the fraudster attack that had blighted his last years, can be found in Brian Shiller’s pre-trial documents of November 2015.
Both Brian Shiller and Joe, were still, at this late date, under the false illusion, that the Art Gallery of Ontario curators had removed “Spirit Energy,” from the AGO exhibit in 2010, because of complaints from some random gallery visitors. TOTALLY FALSE OF COURSE. BUT HOW WERE THEY TO KNOW OTHERWISE? All they had to go on was Joe’s recollection of what Kevin Hearn had told him…
And that, of course, turned out NOT to be true.
In fact from 2010 to 2017, the Art Gallery of Ontario’s role in this AGO art scandal has been one of totally bunkering down, with no comment. Clearly AGO principals have been notified by lawyers, that they had better shut up, or face the real possibility they will be sued for malicious slander of property, and/or curatorial negligence, etc., and the whole sordid mess will become even more public, and destroy their patron base of volunteers and donors.
The Hearn Emails Prove it All – Hearn had been highly evasive, as well as lying about the “Spirit Energy” dismount to Joe in 2010; Hearn has lied about it ever since. And he could get away with the deception, because the AGO curators, who had been embarrassingly caught off guard by the fraudsters behind Kevin Hearn, refused to come clean, in 2010, even though Joe, with registered letters, vainly demanded they do so.
A position of total non-involvement and non-disclosure, which the AGO has maintained ever since.
Joe died before he knew the truth; Shiller would only discover it later, when I published the June 22, 2010 email, which I found in the Hearn/Sommer evidence box, that indicates clearly that:
– the AGO curators had NOTHING to do with dismounting Hearn’s “Spirit Energy”
– that Ritchie Sinclair had told Hearn he had done it, unilaterally, and that he would tell Kevin all about it later.
Sinclair had clearly done it to get even with Joe, a man he has targeted physically and mentally, in any way he could, since Joe had turned him down as a gallery artist and was active in getting Sinclair’s Faux-nishinaabe art dumped from the next door Scollard Gallery in Sep. 2008.
On Dec. 5, 2017, I heard Hearn give testimony that repeatedly tried to fool the judge by claiming that AGO curators had removed his art, claiming it was fake, but offered no proof beyond hearsay, from either AGO executives Teitelbaum or McMaster.
Hearn, in retelling his story, kept constantly mixing up what he knew, from whom he knew it, and when he knew it. He constantly garbled up the chronology of the story he wanted to tell.
It did NOT reflect the documentary record of his own dated emails that were in his own evidence box. (But then I’m probably the only non-litigant to have read them.)
And Hearn took great pains to try to distance himself from the chummy, June 22, 2010 email from Sinclair – which clearly said who was responsible – with Hearn even going so far as to say he did not even know Sinclair at the time… WOW. I believe Hearn better find a better script writer… Read the email in the Blog’s PDF BIN and decide for yourself.
Hearn did establish one thing to my mind. He’s not the nice guy he spent considerable time explaining to the court, that he was. His is NOT a voice, Joe, or you, can trust. And the proof for it all, is in his lawyer’s own evidence box, and his damning personal emails that some dope put in the public record as part of his case.
It is my firm belief, that even if no Defence expert ever shows up in court, there is loads enough circumstantial and actual evidence in the Sommer evidence box to totally undermine his lawsuit, and render it NOT PROVEN.
Remember: The standard – the Burden of Proof – that Sommer and Hearn must meet is: they have to prove the painting is fake. And after listening, non-stop for five days – the only journalist or member of the public to do so – to all their best witnesses and experts, I believe they have hugely failed to do so.
Like they have previously tried to do, in Hatfield v Child, the same cast of collaborating characters (Sommer, Robinson, Sinclair, Baker & the NMHS) start the process all over again with another gullible art collecting neophyte, Kevin Hearn, who admitted “Spirit Energy” was the first work of art of any kind he had ever bought, and loved it for five years, until…
Until, Ritchie Sinclair came calling with Bad News – his painting was fake… and he had taken it down from an AGO exhibit, and advised a lawsuit…
And some Good News – here’s a way you can make a cool $100,000 plus. AND get all your costs back… Just hire this guy from Sutton, Quebec.
On Dec. 5, 2017 Hearn admitted his costs had climbed close to the $100,000 mark if not more. Brian Shiller, far more experienced and wiser than anyone on the Sommer team, estimated Hearn was looking at some $200,000 in eventual costs, for a $20,000 painting.
And I have just told you my take on his prospects in the lawsuit.
Yes it is exactly as insane as it sounds…
This time with a lawsuit following a Sinclair orchestrated – NOT an AGO – dismount of Hearn’s painting, at the Art Gallery of Ontario in June 2010.
My take on all this was PROVEN IN SPADES in Dec. 2017 when not a single curator or director from the Art Gallery of Ontario showed up to testify under oath in court, that AGO curators had dismounted “Spirit Energy” as a fake in 2010. Or that they had proof it was a fake in 2010, or had proof of it in 2017. Or admitted participating in any of it…
Then up stepped one Carmen Robertson, from far-off Wascana Creek, Saskatchewan, willing to loudly and brashly speak for EVERYONE… with an “expert” report agreeing that Ritchie Sinclair, convicted Libeler, and Slanderer, documented cyber terrorist, and notorious Indian imposter/impersonator, was right, about Hearn’s painting.
And she was more than willing to tell it to the judge, just as long as she could be assured her “expert” report would be kept totally secret from everyone else…
Which is where I come in…
Now ask yourself, why would Robertson maliciously cherry-pick, as the corner-stone for her “expert” report, a tossed-off “provenance” letter Joe had kind-heartedly given to Kevin Hearn***, during that stressful time – the summer and fall of 2010, and which, however relevant, or not, it was in 2010, was in fact, in 2013, totally IRRELEVANT anymore.
*** I wouldn’t have done it. I know no one else who would have done it. Because it’s impossible to do for 99% of the art sold at auction in Canada, and especially so, for Morrisseau art. But Joe just could never escape that dumb “teacher” in him – from his early teaching years and time as a College Dean – who wanted to do the “right thing,” to make a beginning art collector feel good about his art. Feel as good about it as Joe did.
It reminds me hugely, of a banker in 1979, when I turned in my teacher’s pension to start a film and television production business, who faced me dead-on in his office, and sternly volunteered: “If you ask me, teachers should never get into the business world.” Joe knew what he meant…
Beyond that, remember that Joe was a well-recognized Morrisseau expert by leading art institutions. Remember, that in 1996, the Canada Revenue Agency relied on him as its Morrisseau expert, when its investigators suspected they were being sucker-punched by a group of lawyers with wildly inflated tax credit amounts fabricated by Donald Robinson in a pump and dump scheme of 216 Morrisseaus they bought to flip for big bucks to public galleries.
In fact, except among fraudsters embarking on a malicious witch hunt, that unfortunately tossed-off error plagued memo had been, long ago, passed over, and superseded by the “Defence,” a responsible legal document penned by Brian Shiller (in consultation with Joe) based on superior information, that accurately answered ALL the questions about Provenance of the painting that would be tested in court by a judge.
And should also be referenced, first, by any credible academic or investigative journalist before running off wildly on some suspiciously targeted goose chase hoping to slang a decent man and his genuine art.
Unfortunately it was dug up by someone looking for dirt, who quickly found a use for it.
Unforgivable – Ask yourself what was Robertson’s aim?; what is her game? For what, can only be considered a totally malfeasant research approach by any academic, pretending to check into the “provenance” of “Spirit Energy,” as an issue of public interest and national importance.
From some deep dark and inexplicable void inside her she appears totally determined to target and skewer Joe McLeod, and a painting that was also – I believe it with all my being, notwithstanding Kevin Hearn’s deliberate sneer on the stand – exactly as Joe apparently told Hearn at the time “my daughter’s favourite” in the shop. Oh and did I say it was forensically authenticated? What does that say about Robertson’s expertise? And her motivation for what she is involved in doing?
PDF5 Defence – Hearn v McLeod – Shiller – June 2013
– “A voice from the grave,” penned by a lawyer with “heart”
– Shiller defending an honourable guy and his genuine Morrisseau art
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