*
Transcript
of
Tape Recording
Between
Richard Hines and Larry Allen Fail
On November 30, 2005
Transcript Provided by
Diana Navo
9906 Ramshead Ct.
Highlands Ranch, CO 80130
(303) 731-9646
1
(Whereupon, the following is a narrative by Larry Allen Fail.
LARRY ALLEN FAIL: The following tape recorded conversation took place on November 30, 2005 between myself, Larry Fail, and attorney Richard Hines, the attorney for the Prairie Mission Retirement Village in St. Paul, Kansas. He is explaining to me why I can’t see my father and why they can’t help me and he’s explaining the HIPAA laws. I’ve called Prairie Mission Retirement Village and talked to Jane O’Brien and she wouldn’t let me talk to my father and then she referred me to their attorney, Richard Hines, and so following is that conversation.
LARRY ALLEN FAIL: This is Larry Fail. November 30th, 2005, calling Richard Hines, the attorney for the Prairie Mission Retirement Village. Richard November . . . Is Richard Hines in, please?
WOMAN’S VOICE: He’s on the phone.
LARRY ALLEN FAIL: Okay. I’ll call him back in a little bit. What time can I call him back?
WOMAN’S VOICE: I would try back in twenty minutes or so.
LARRY ALLEN FAIL: Okay.
WOMAN’S VOICE: Okay.
LARRY ALLEN FAIL: Thank you.
LARRY ALLEN FAIL: Calling Richard Hines. 2:30 p.m.
WOMAN’S VOICE: Law office.
LARRY ALLEN FAIL: Richard Hines, please.
WOMAN’S VOICE: He’s on the phone. Can I take a message?
LARY ALLEN FAIL: I’ll call back. And your name?
WOMAN’S VOICE: Andrea.
LARRY ALLEN FAIL: Andrea, yeah, I’ll call back in a little bit.
WOMAN’S VOICE: Okay.
LARRY ALLEN FAIL: Thank you.
LARRY ALLEN FAIL: Calling Richard Hines again at 3:00. 4:00 Kansas time.
WOMAN’S VOICE: Law office. Lori.
LARRY ALLEN FAIL: Lori, is Mr. Hines in, please?
WOMAN’S VOICE: May I say who’s calling?
LARRY ALLEN FAIL: This is Larry Fail calling from Denver.
WOMAN’S VOICE: One moment, please.
LARRY ALLEN FAIL: Sure.
RICHARD HINES: Rick Hines.
LARRY ALLEN FAIL: Hey, Rick, how are you doing?
RICHARD HINES: Fine.
LARRY ALLEN FAIL: Larry Fail out here in Denver.
RICHARD HINES: Well, hi, Larry. Gosh, the last time I talked to you it’s been a long time. I think you were in Fredonia at that time, weren’t you?
LARRY ALLEN FAIL: No, that’s my brother, John.
RICHARD HINES: John, okay. I thought you were the . . . you didn’t have the concrete – the re______?
LARRY ALLEN FAIL: No, yeah, that’s John.
RICHARD HINES: Okay.
LARRY ALLEN FAIL: Yeah, I’m 64, John’s 60, and my sister’s 62, Iva June, and then Ivan Lee, my older brother, is 4 years older than me, he’s 68.
RICHARD HINES: Oh, okay.
LARRY ALLEN FAIL: But I’ve got a dilemma here. My dad’s 92. He’s been in and out of the hospital here this year and . . .
RICHARD HINES: It doesn’t sound like he ought to be that old either. I can remember back . . . I still remember he had the speeding ticket case in Fredonia. I mean 20-some years ago.
LARRY ALLEN FAIL: He used to fight city hall, you know, back in the old days.
RICHARD HINES: Yeah.
LARRY ALLEN FAIL: But, what’s happening here briefly, or as briefly as I can, I don’t know whether you remember dad telling you about Gene Dedeke, his son-in-law that he loan $180,000 to in, gosh, 20-some years ago.
RICHARD HINES: Well, I’m familiar. I know that he had a lawsuit involving a rule water district up there, but I don’t know whether it’s dumping or other. As a matter of fact, he had contacted me about representing him in that case at one time, but, and that ended up being a Kansas Supreme Court decision, I remember that.
LARRY ALLEN FAIL: Oh, it did?
RICHARD HINES: Oh, yeah. The Dedeke case is – it’s a pretty significant case in regard to due process rights, you bet.
LARRY ALLEN FAIL: Well, is that right? I might have to get that on – how would I find that on the internet?
RICHARD HINES: Well, gosh, it’s Dedeke versus – I think it’s Rule Water District 2, Leavenworth County, I believe, but it’s a Kansas Supreme Court case, you know. I don’t know how – I could pull those off. We’ve got the actual book. I’m not much on internet.
LARRY ALLEN FAIL: Yeah.
RICHARD HINES: My secretaries know that stuff, but it’s – that’s been several years ago. I can’t tell you the year on it, but it’s still quoted a lot of times for due process.
LARRY ALLEN FAIL: What happened on that case, briefly?
RICHARD HINES: Well, the way I remember it is that the water district believed that there was an interconnection – the house and a trailer house or something of that nature, so they disconnected the water service, but they didn’t give him notice they were going to do it, nor the right to a due process hearing, you know, I mean in other words if you’re in front of the board and was in his position, why he thought his service shouldn’t be disconnected. And the way I remember it, there was contentions that there was livestock that developed pink eye or whatever and, you know, he had some damages because of his connection to the water service and basically his position was that you have to – water is a necessity of life, so consequently for that to be disconnected that you have to give this due process notice and the right to . . .
LARRY ALLEN FAIL: Oh, is that right?
RICHARD HINES: Yeah, and I think he ended up. I think the water district, well the water district lost the case, and I think my – I don’t know exactly what he ended up with. The water district finally settled, but I think he – I think they ended up with a pretty good sized judgment.
LARRY ALLEN FAIL: Hmm. Well . . .
RICHARD HINES: ______the case ______.
LARRY ALLEN FAIL: Yeah, well I don’t know whether you ever remember . . .
RICHARD HINES: I remember there was ______nk, I think , you know or something or discussion of that. But that, of course, that’s been – I’ve got to tell you that’s been . . .
LARRY ALLEN FAIL: Oh yeah, 25 – it’s been about 25 years ago.
RICHARD HINES: 25, okay.
LARRY ALLEN FAIL: Yeah. Mhm.
RICHARD HINES: I sometimes can’t remember what happened . . .
LARRY ALLEN FAIL: Oh, I know.
RICHARD HINES: Three days ago, let alone 25 years ago.
LARRY ALLEN FAIL: Oh, yeah, but you know, what’s going on. My dad loaned him $180,000. He had 80 acres out there west of Leavenworth and he was back on his payments and because of this water board lawsuit and then the county wanted to come across the south end of his ground with a road and then he sued them for that and he got caught up in all kinds of stuff, so he lost his – he got in a jam. The bank repossessed ten thousand in tools and then he lost . . .
RICHARD HINES: Oh, really?
LARRY ALLEN FAIL: He had repossession on his automobile repair shop across the street from the penitentiary up there and then, well anyways, 180,000, so dad told me this and I said, “My God, do you have any collateral?” Because dad had to go at the Bank of Commerce in Chanute and borrow the money. He didn’t have the money to do it.
RICHARD HINES: Yeah.
LARRY ALLEN FAIL: So, anyway paying interest on this. And back then interest was pretty interesting and so I said, “My God, dad, I’ll be back.” So, I went back and we got Charlie Henshaw, I think his name was and then we went to Leavenworth and we got June and Gene to sign you know security deeds on it, you know, trust deeds or whatever, and, boy, they just howled like stuck pigs. Well, after that, June wouldn’t let my dad see Terry and Tonya for ten years. They would not let him see them. It was unbelievable. Well, Gene convinced the kids that me and dad had stolen their property, so the kids had treated me and dad just something terrible all these years and . . .
RICHARD HINES: You mean . . .
LARRY ALLEN FAIL: Tonya and Terry. That’s Gene and June’s kids.
RICHARD HINES: Okay.
LARRY ALLEN FAIL: June’s my sister and then her husband, Gene Dedeke.
RICHARD HINES: Oh, I got it.
LARRY ALLEN FAIL: Yeah, because they were kids, and so it just went on and on and on, so dad – it took dad five years to sell all that stuff up there and he really lost his shirt on it and then they moved down to Branson and he coughed up a lot more money down there for the and even hauled the old three mile school house and all the lumber down there so they could build a beauty shop in the house and so on. But, the long and short of it is that Gene was always just agitate, agitate and hated my dad. I mean, and me, too. And, of course, thereby turning my sister and the two kids against me, and I just was back there in June when dad let them move into the home place and said, “My God, dad, don’t do that.” I said, “You’re, you know, you can’t let somebody that’s had that kind of animosity towards you and the family do that.” Well, June convinced him that – and Gene Dedeke told everybody and June and dad that he wasn’t moving over there unless he got a deed to the farm to show you. I mean, if you can imagine after screwing somebody like that for 25 years and having the gall to ask for a deed for his farm. So, anyway, dad said he needed someone to take care of him, so – he had been staying at the Garretson house over there for a couple years and . . .
RICHARD HINES: Oh, was that just a neighbor, or?
LARRY ALLEN FAIL: Yeah, it’s a neighbor. It’s the fellow that used to own the Fredonia Sale Barn. It’s his daughter owns it. Mark and Gail Garretson.
RICHARD HINES: Oh, okay.
LARRY ALLEN FAIL: But I can’t remember them – what’s the Ol . . .
RICHARD HINES: Olin, you’re thinking of.
LARRY ALLEN FAIL: Yeah, Olin Gowens, yeah. Exactly. Well, it’s his daughter. So, dad was there for a couple years and I thought everything was going okay and then he got in this – there was a doctor over at Fredonia, Bacani, had taken skin cancer off his ear and didn’t take the stitches out and he got an infection. He had blood poisoning. I was back there the whole month of January last year, or no, this year and just damn near died. And, so, and then they had him in the rest home in different places and doctor Carter is his doctor there at St. Paul, I think, and so . . .
RICHARD HINES: He’s not a doctor, he’s a physician’s assistant there.
LARRY ALLEN FAIL: Oh, yeah, is that right? Yeah. In any event, things went on and I finally called her and I said, “June, you either get him to Kansas City or Wichita or I’m going to come back and fly him out to Denver and get him some help.” Well, and she took him to Wichita and then he had a hell of a time out there, so he’s been – he’s had a rough year of it. But, the bottom line of it is I’ve never had any problem with my dad except when I was 16 years old and knew everything, but, in our adult life – my adult life, I’ve got along with him great, and I’ve invested – I’ve put – we bought 600 acres land out here by the airport. We sold it too early, of course, but I made him quite a bit of money and he’ll tell you – he’s told the kids as recently as this month that if it hadn’t been for me and the money – me and him putting some deals together, they wouldn’t be getting anything out of it. Well, there’s 1,100 acres back there that’s free and clear, and I had deeded him a bunch of property in 1990 to hold on my behalf when I got involved in litigation. A lawyer – I’ve had a legal referral service out here named Dial for Lawyer for since 1988 and this guy was a salesman – decided he wanted it, so he started competing business, and it took me 15 years to get a six million dollar judgment against him and get him disbarred, but it was a hell of a case. I got a federal, federal – you can go on Google and look it up if you want to see it. You could look under Cole Bjornson or my name, and, of course, my legal name – I changed in ’83 or ’84 to MacPhale, M-A-C-P-H-A-L-E, but I still go by Fail. The old family name in Scotland was MacPhale.
RICHARD HINES: Oh, okay.
LARRY ALLEN FAIL: That’s why I did it. For a variety of reasons, but certainly not to discredit my family. It was to – it was simply for professional reasons, and I was putting some sound recordings together and just a lot of other reasons I did it, but mainly for nostalgia, for the old family name, basically, but, in any event, in Mac in Gallic means son and Phale means destiny, so that’s kind of interesting spin on things, but the situation was, or is, when I was there in June, I tried to talk my dad out of doing that. Well, June finally moved in there and I got all my stuff out. I had a lot of mementos and stuff I’d sent my dad for years, and so I got it all out. I came back and then I went back the 23rd of October to see him and while I’m in the house there, about the third day, or second day, I guess it was, why June and Gene keep coming and telling me that Frank Grieve is tearing up the truck and poisoning the cattle. And I said, “Well, Jesus, Frank – I’ve known Frank all my life.” He’s a bachelor neighbor that lives there and he’s taken real good care of my dad all these years. Feeds his cattle and never charges my dad a dime. Dad can’t even get him to take money, and I’ve always liked Frank, and so I said, “I can’t believe this.” And, so the next day, of course, I found out that dad was wanting Frank to have the pick-up truck, the new Chevy pick-up truck for all the work he had done all these years, and I finally put 2 and 2 together because June and Gene started raising hell about Frank Grieve and then I was sitting there and the whole thing started in right on this situation. He gets in dad’s face and he said, “Hey,” he said, “Old man,” he says, “You’ve got to tell that Frank Grieve he can’t come back over here anymore. I’m in charge of things.” And he says he’s tearing up the tractor and tearing up the truck and he’s poisoning the cattle. And dad said, “Come on, Gene,” he said, “Hell, Frank’s forgot more about cattle than you’ll ever know.” And, so Gene just keeps ragging on him, “Well, I’m going to tell you something. If you don’t get rid of him, we’re leaving.” So, June comes back in and says, “Now, daddy, if you don’t get rid of Frank,” she stood right by Gene, “Why, we’re moving out Saturday.” I must have heard that a hundred times when I was back there. Every time she wanted something, why that’s what they would threaten him with. And, so dad just finally hung his head. The saddest look I’ve ever seen on his face, and he says, “Okay, Gene, if that’s what you want me to do, I’ll just tell Frank he can’t come back anymore.” And that’s when I stood up and said, “Dad, you don’t have to take this.” And Gene said, “Butt out.” And I said, “Let me tell you something. I’ll leave here,” and he told me to get out of the house. I said, “I’ll leave here when my dad tells me.” Later on, a couple days later, June actually called the sheriff and had him come over and said that she had an intruder in the house. And, so dad told the sheriff, he says, “This is my house and I say who comes and goes.” Well, I had already told the sheriff what was going on in June, and I said you better watch out for this guy because back in – about 20 years ago when they was living down in Cherokee, Oklahoma, after the Leavenworth deal, my mom and I and my twin boys was down there. There were about 5 or 6 then and Gene and Terry, the son, who was about 11 or 12, both of them threatened to kill my dad. They said, “We’re going to kill that old son of a bitch some of these days.” Well, I took it seriously enough that I filed a report with the Cherokee, Oklahoma, sheriff’s department in Neosho County, Kansas, and Wilson County, and then I again notified the sheriff in Wilson when I was back there. And then while I was there, Gene was telling me about 1:30 in the morning he comes creeping out and sets down beside me and he says – well, it was actually earlier than that, and June was both there. He told me something else later on, but about 9:00, I was going to go to Sylvia Pack’s auction up there the next day in Chanute I think that was the 29th, and Gene said, “Well, Larry, where are you guys getting all this money? We don’t have any money.” And I said, “I don’t have a lot of money.” And he says, well, he says, “You know your old man. He didn’t get all this money farming,” he says. And I said, “Come on, Gene; don’t talk about my dad like that.” He says, “Oh, no,” he says, “I’ve been doing my investigations. I know where he got all of his money.” He said, “He’s too damn dumb to make it in farming.” And I said, “Well, what are you talking about?” And he says, “Well, your old man got it selling drugs.”