Joseph L. Puente’s response to document titled:
“SPECIFIC ACTS SUPPORTING ALLEGATION OF STALKING”

Bold and Underlined numbers refer to items in the petitioner’s affidavit on which the “Specific Acts” document is based.

Mr. Puente’s responses are in Bold Typeface.

1. (3) The Respondent, Joseph L. Puente, is a Veterans Administration (VA) patient who has come into FGMC for treatment three time, and has had two appointments.

INACCURATE. I had an appointment for all three of my visits. Two were made through the V.A., one was made by me. This statement does not support any allegation of stalking.

2. (4) On September 2nd, Mr. Puente came to the FGMC to be seen at FGMC. At that time FGMC had a new and inexperienced receptionist who did not know that FGMC does not schedule VA appointments for patients to be seen at FGMC.

INACCURATE. My appointment on September 2 was made through the V.A. However, after reading items three (3) through eleven (11), it’s obvious that the petitioner made an error in her affidavit. She was actually referring to my appointment on August 26. I suppose I can’t blame her, after almost an entire month from the day of my first appointment until the day she finally wrote her affidavit, it’s more than understandable that she would have a less than accurate recollection of the events of that day. And since when is their failure to properly train an employee cause to invalidate my appointment? Either way, item two does not support any allegation of stalking.

3. (5) Instead, VA patients are supposed to call the Nephi Medical Clinic located at 48 W. 1500 N. in Nephi to schedule appointments.

Accurate but does not support any allegation of stalking.

4. (6) Nevertheless, the new receptionist scheduled an appointment for Mr. Puente to be treated at FGMC.

This statement confirms that I had a third appointment which contradicts the statement in item #1 and does not support any allegation of stalking

5. (7) This policy is based on the VA requirement that everything go through their system, and there location is in Nephi.

Accurate but does not support any allegation of stalking.
6. (8) Not only had Mr. Puente previously been in to FGMC to schedule appointments to be treated there (and thus he knows that it is FGMC’s policy not to schedule VA appointments), but signs in the lobby at the FGMC also indicate that they do not schedule VA patients there.

Accurate but does not support any allegation of stalking. My last appointment was over a year previous and I simply forgot the protocol. All I remembered was that I would be treated at FGMC.

7. (9) When Mr. Puente showed up for his appointment, the receptionist, Angie Kaibetony, politely and apologetically informed him that his VA appointment was mistakenly scheduled by an inexperienced receptionist and that he would need to reschedule his VA appointment through the VA office located in Nephi, or that the FGMC could see him but as a private-pay visit and not a VA visit.

INACCURATE and does not support any allegation of stalking. The petitioner was neither polite nor apologetic, she was rude and condescending. She said NOTHING about “private-pay,” she only said the V.A. would not pay for my visit. She just repeated, over and over, “You do not have an appointment.”

8. (10) Mr. Puente immediately flew into a rage, yelling, swearing and berating Ms. Kaibetony in front of other patients, customers and her co-workers. Mr. Puente’s language was extremely offensive and embarrassing.

EXAGGERATED. I did not “fly into a rage.” I was frustrated by the petitioner’s conduct which made me angry and justifiably so. I did raise my voice but I did not “berate” the petitioner. And “other patients, customers” is misleading. First of all, their patients ARE their customers. Second of all, there was only ONE sitting in the waiting area.

9. (11) Ms. Kaibetony offered him services, but for him to be seen at that time at FGMC, it would have been as a private-pay and not through the VA. Otherwise, she told him he would have to reschedule a VA appointment through the VA office in Nephi. She repeatedly asked Mr. Puente to calm down. However, he ignored her, and continued to verbally abuse her and swear at her in front of other patients, customers and her co-workers.

INACCURATE. The petitioner did not offer services, she merely repeated over and over again that I did not have an appointment despite my name being in the schedule. She did not mention “private-pay” and I did not verbally abuse her, I asked to speak with the physician assistant, Molly Brotherson.
10. (12) Ms. Kaibetony finally told Mr. Puente (from behind a protective glass barrier) that she would call the police if he did not calm down.

EXAGGERATED. Overly dramatic, specifying that she spoke “from behind a protective glass barrier” as if she was hiding in some sort of panic room. The petitioner did not call the police.

11. (13) Shortly thereafter, Mr. Puente left and apparently called the Nephi Medical Clinic to schedule an appointment to be treated at FGMC for the following Monday.

INACCURATE and incomplete. Molly Brotherson came out to see me and addressed a concern I had with my medication. She treated me with respect and understanding that made me happy to reschedule my appointment through the V.A. That appointment was made for the following Friday. This statement does not support any allegation of stalking

12. (14) He called FGMC that Thursday. Ms. Kaibetony answered his call and recognized his name on her office’s caller ID. He asked her what time the FGMC opens. She told him at 9:00.

INACCURATE. I did NOT ask the petitioner when the clinic opened. I called to confirm that my appointment for September 2 was at 9:00 AM. This statement does not support any allegation of stalking

13. (15) The morning of his scheduled 9:00 am appointment at the FGMC, Ms. Kaibetony saw Mr. Puente at about 8:15-8:20 am walking his dog behind FGMC. At the time she was taking her child to day care prior to going into work at FGMC.

I can confirm that I was there around 8:15 in the morning and I was walking my dog. I cannot confirm what the petitioner says she was doing but I’m certainly willing to concede its accuracy with the understanding that this statement, despite its accuracy, does not support any allegation of stalking.

14. (16) He left a duffle bag on the doorsteps of FGMC with a note stating, “Back at 9:00 am. Joseph Puente.”

INACCURATE. I left a small green tote-bag containing some manuscripts, a magazine and a camera, on the front step of the clinic. I also left a note with my name and a time that I would return, but this statement does not support any allegation of stalking.
15. (17) Concerned that there might be a bomb in the bag, Ms. Kaibetony called the police who instructed her to not admit any patients and to evacuate the building. They did just that.

While it may be accurate that the petitioner called the police, I sincerely question her sincerity in believing that there was a bomb in my bag. What kind of bomber leaves a note with his name and a time that he would return? My dog is also particularly sensitive to explosions as he always reminds me on the fourth and twenty-fourth of July every year. I certainly wouldn’t involve him in a nefarious bomb plot.

16. (18) The police finally showed up, inspected the bag, and determined that it was safe.

Accurate with a caveat. I showed the contents of the bag to Mrs. Brotherson outside of the clinic. She determined that there was no threat, said the whole incident was a misunderstanding and opened the clinic. Legally, there was no reason for the Sheriff’s department to search through my private property.

17. (19) Mr. Puente absolutely knew the time of his appointment and the time FGMC opened. He put his duffle bag on the doorsteps just to harass Ms. Kaibetony and other staff at FGMC.

INACCURATE. I knew the time of my appointment but I did NOT know when the clinic opened until the morning of September 2. Saying it “Absolutely” doesn’t make it true and I have NEVER harassed anyone.

I explained to Patty Banks, in my letter to her dated September 6 that is included with the court order I received, “I arrived at the clinic around 8:15 AM (the clinic opens at 9:00). I am not currently driving so a friend dropped me off on his way to an appointment in Provo.”

My friend, Joseph Simpson, was leaving almost an hour before I needed to. I had no one else to call for a ride at a later time so I just rode with him. Obviously, I had a bit of a wait and my friend suggested that I take my dog for a walk to the nearby park until it was time for my appointment.

I left my bag at the clinic because I did not want to carry it with me all the way to the park and back. I figured, this is Fountain Green, Utah, I don’t have to worry about it being stolen. The thought that people might wonder what the bag was doing there did cross my mind, however, so I left a note on it with my name and a return time. I had no intention of harassing anyone.
18. (20) When he showed up for his 9:00 am appointment, he made a passing joke about his duffle bag not having a bomb. He then said to Ms. Kaibetony, “Since it is not ticking, can I leave it here in the waiting room.” He then left his bag on the children’s play table.

EXAGGERATED AND INSINUATING. In an attempt to inject some levity into an otherwise tense situation, I did joke about my bag “not ticking.” I did leave my bag on a table. I had no idea it was a “children’s play table,” this is an obvious attempt by the petitioner to make it appear that I have some sort of sick desire to make her think that I hate children or would harm them in some way. Justification, I’m sure, for her claim of fearing for the safety of her own children.

19. (21) When the police came, Mr. Puente once again exploded, becoming very upset, angry and verbally abusive.

EXAGGERATED. Again, as I explained it to Ms. Banks: “When I came out from my checkup, I saw two officers of the Sanpete County Sheriff’s Department waiting WITH Angie. They then took me into an examination room and started berating and browbeating me over post 9/11 etiquette. I told them it was a mistake and that it wouldn’t be repeated... I was not charged with any crime, just generally harassed by the Sheriff’s Department...”

I was upset by my treatment by the officers and I was angry, again, justifiably so. I was NOT verbally abusive. In fact, I apologized to the petitioner for having a short temper with her the previous week. An apology that she accepted. I also asked that she acknowledge her part in the matter, i.e. her rude, condescending and generally unprofessional behavior, but she did not.

20. (22) Subsequently, he sent a letter to the HR department at FGMC complaining that Ms. Kaibetony was rude to him, and included in his correspondence to the HR department a copy of a letter he had previously sent to Ms. Kaibetony which she received through the FGMC mail.

Accurate. Both letters were mailed on September 6, but I was addressing a grievance, as is my right, guaranteed by the first amendment. This does not support any allegation of stalking.
21. (23) This past Friday, September 16th, he left four voicemail for the supervisor, Susan. He also knows Ms. Kaibetony’s last name because a secretary at FGMC improperly disclosed it to Mr. Puente when he asked for it. He also knows Susan’s last name (as he has previously asked for Susan by her full name).

For the most part, this statement is Accurate (I spoke with a secretary in Nephi and not at the Fountain Green Clinic) but it does not support any allegation of stalking. I did ask for the petitioner’s last name because I was writing a letter to State Senator Darin Peterson and did not want to refer to her by her first name. I felt that to do so would imply a certain familiarity that does not exist. I was referred to Susan Graham, with her full name, by Physician Assistant Molly Brotherson. My calls on September 16 were to see if Ms. Banks forwarded my letter to Ms. Graham and to confirm the date that she received it. I wanted to include this information in my letter to Senator Peterson. I did leave four (4) voice mail messages for Ms. Graham, leaving my name and asking her to call me back. My last message stated that I wanted to confirm some dates with her.

22. (24) He has further written and submitted two editorials to the local papers, The Pyramid and The Messenger, complaining of Ms. Kaibetony’s supposedly rude conduct to him.

INACCURATE. I have never written an editorial in either The Pyramid or The Messenger. I DID write two letters to the editor. One was about V.A. healthcare and said nothing of the petitioner and was published in the Pyramid, the Sanpete Messenger and The Deseret Morning News. My second letter to the editor was about the incident on September 2 and addressed my treatment by the Sanpete County Sheriff’s Department. While I spoke of an appointment that I had, I did not mention the petitioner by her name, the location of my appointment or the nature of my appointment. If the petitioner objected to anything I had written to the editors of The Pyramid and The Messenger, she enjoys the same right as any other American to write a letter to the editor. This does not support any allegation of stalking and I stand by my first amendment right to freedom of expression.

I would like to point out that my way of dealing with frustration is to write. I’m a writer, not a stalker. I write letters to editors and senators. My response to my treatment by the petitioner was to address the problem in writing to her and her employers. I expected it to end there. Obviously, I was wrong.
23. (25) He has also called the home of a physician assistant (Molly) who works at the FGMC, to discuss the disorderly conduct charge he had received from the VA (and which he strongly disagreed with).

Accurate but does not support any allegation of stalking. It was during that phone call that Mrs. Brotherson referred me to Susan Graham giving me her full name and office phone number so that I might discuss it with her.

24. (26) The VA has since charged Mr. Puente with disorderly conduct for his conduct discussed in [paragraphs] 4-11 above. Further, a VA sergeant at the Salt Lake City VA clinic has indicated that the VA has fined Mr. Puente $100 for his improper conduct as set forth above.

Accurate but incomplete. The matter has yet to be settled in court, no fine has been paid and does not support any allegation of stalking.

I was not told who filed the complaint against me, only that it was filed on September 7, the day most likely that my letters were received by Ms. Banks and the petitioner. I believe that the Disorderly Conduct charge was filed by the petitioner in retaliation for my letter addressing her professional deficiencies to her employers and to intimidate me. This has also been brought to the attention of State Senator Peterson and Senator Bennett.

25. (27) Ms. Kaibetony and her supervisor, Susan, fear for their physical safety and well-being now that Mr. Puente knows their full names and they live in such a small town. Ms. Kaibetony also fears for the safety of her three children.

I cannot testify to Ms. Kaibetony or Ms. Graham’s personal fears except to say that they have nothing to fear from me. While I personally take issue with Ms. Kaibetony’s lack of professionalism and Ms. Graham’s decision to ignore it, I have no desire to cause them or Ms. Kaibetony’s children any harm. The mere implication that I would hurt any child is offensive to me, that Ms. Kaibetony would say it in a document and them submit it to the courts and thus the public record, I find slanderous.

I would also like to add that I do not know where Ms. Kaibetony or Ms. Graham live. I can only assume they live in Fountain Green or maybe Nephi. I really don’t care. I have no reason, interest or intention of going to their homes. Either way, as I stated above, I am not currently driving. I own a car but I cannot, at this time, afford to maintain, register, insure or even fuel it. I am unable to leave the town of Moroni, where I live, without making special travel arrangements. And when I do leave the town it is to attend church on Sunday in Ephraim and to do my volunteer work during the week in Mt. Pleasant.

The only reason I would have to even go to Fountain Green, would be for a medical appointment, but considering the way I have been treated by the staff there and Ms. Kaibetony’s acts of retaliation and intimidation, I’m afraid to go there.

As a veteran, I’m limited in my choices when it comes to my health care. I can’t afford private insurance. I can’t afford to pay out of pocket. If I want treatment for my illnesses, I have to go where the V.A. tells me to go. And that was the Fountain Green Medical Clinic. However, since this restraining order prevents me from even TALKING with my physician, Mrs. Brotherson, my right to healthcare was essentially been stripped from me until I was taken to the ER at the VA Medical Center in Salt Lake City.

26. (28) Mr. Puente’s conduct and behavior has put Ms. kaibetony on edge. She fears that she might run into him wherever she goes, and is experiencing severe anxiety because of him.

I find it ironic that Ms. Kaibetony claims to be “on edge” and “experiencing severe anxiety,” Because I have been physically ill since September 2. I have had headaches, digestive problems, anxiety and insomnia. My clinical depression, for which I go to the Fountain Green Medical Clinic for treatment, has been aggravated to the point that I required hospitalization because of the events and accusations put into motion by Ms. Kaibetony herself.