The Wild Hunt spoke with both of the litigants, as well as a non-legal mediator, to understand how a falling out between former friends could lead to a court hearing.
What both parties agree on is that Sforza worked in one of Day’s shops, performing psychic readings, from 2009-2012. Day charged nothing to Sforza for the use of the space. However, they have quite different recollections as to why this was the case. “He begged me to work in his shop,” said Sforza, while Day maintains, “I was doing her a favor.”
No matter his motivations, their business relationship — which had included plans for a reality television show — ended, and Sforza opened a competing business. That’s apparently when the former close friends allegedly started going at it hammer and tongs, including (if the accusations they each level against the other are true) through proxies and on the internet.
The Complaint for Protection from Harassment, which Sforza signed on September 28, lists abuses she said had been heaped upon her by Day. These abuses included “cartoons depicting me in a vicious way,” ethnic and racial slurs, allegations of organized crime involvement, and “calling me the ‘c’ word.” Sforza is Italian, and identifies herself as an hereditary witch. She told The Wild Hunt that Day had also maligned one of her ancestors.
Day downplays — but does not deny — what he characterizes mostly as “snide comments” about Sforza, and said that the judge agreed that it fell under free speech. However, in an additional affidavit signed on October 13, Sforza alleges that for the past three years, Day has been “calling my home phone up to 3 times a week from a private number” between 2 and 3 in the morning. The most recent of the calls, which were comprised of threats and obscenities, had occurred on September 29, Sforza wrote in the document.Sforza’s attorney, Fiore Porreca, said that his client was more concerned with what she called disparaging “cartoons” — memes, really — that had been posted on Facebook. They used publicly-available pictures of her, with captions suggesting she is a liar or not a legitimate practitioner of the Craft. “They were out there for millions to view,” Porreca said.
He went on to explain that the phone calls only came up once he was retained by her, because he recognized that it was important. “My client has never been in court before . . . it’s not like she’s filed a million harassment orders.” Massachusetts law makes these proceedings informal, with no need for an attorney, so she didn’t use one to help her complete the initial paperwork. Once he learned of them, “I told her the calls were an important factor.”
According to Porreco, the judge directed them to file a supplemental affidavit on the day of the hearing, Oct 13. However, the actual hearing was then rescheduled to Oct 28, because Day could not be in Salem on that earlier date. He now resides in New Orleans.
According to Day’s account of the proceedings, it was the phone calls that ultimately convinced the judge to sign the restraining order. That morning, the warlock’s attorney called in sick. As a result, he had to hire a new one right in the courthouse because no further adjournment would be granted. “All [this new lawyer] was able to do was rebut the plaintiff’s allegations, but not to prepare me to testify,” he said. “In retrospect, I wish I had taken a chance and done so, because the judge said he gave no weight to my side.” However, he does not think the judge was in error. Day said, “He had 20 television cameras pointed at him, and a little old lady. What was he going to do?”
Regarding what befell Day’s original attorney, Sforza said pointedly, “I certainly did not cast a spell. He had the right to speak, as I did. He did not.”
Day said that he understands that his public persona may make it easier to presume him guilty, but that no evidence was presented. He freely admits to having made “saucy” remarks and said that he even drew an unflattering cartoon of Sforza once. But, Day said that the work shown in court was not his. More importantly, Day said, “Even my haters realize I am not the anonymous-phone-call type.” Calling himself “the Donald Trump of witchcraft,” he acknowledges that he’s “said a thing or two that people don’t like.” That includes an online spat last year that enraged many Pagan bloggers. “I never denied the mistake,” he said. “I own up to things.”
That’s how Witchdoctor Utu sees it. Utu is one of the “hundreds of mutual friends” Day said he and Sforza share. Utu once agreed to mediate between them, because their dispute was causing ripples in the community. He said that “they were inseparable” before the business disagreement. This can be seen in the many, varied public photos and media accounts of the two witches practicing together.Over a period of time, Utu recalled speaking to each of them, hearing their specific grievances. He eventually secured an agreement from Day to stop posting about Sforza, which Utu said that Day has honored since July. However, Sforza “was less than cooperative, yelling and screaming” during phone calls which took place over a period of months. “All of these issues she had with him … from years ago.” And not once, Utu said, did Sforza ever mention the late night harassing phone calls. “If she had, I would have done my best to make it stop,” he said. Utu questions why she never mentioned them and never filed any police report about them.
But Sforza has remained steadfast in her position and claims.
Utu added that, he believes Sforza “doesn’t care about collateral damage,” including abuse heaped on people who appear at Day’s events. Utu understands that Day’s outrageous behavior causes him problems, but he said, additionally, “in the end people make [stuff] up about him. He’s the first to admit all his faults.”
There are many unanswered questions about this situation, but it is clear that its genesis is in a personal dispute between two people who, in Witchdoctor Utu’s words, “once loved each other very much.” Because the court action was seeking an order of protection, it was not a “trial” in the normal sense; the rules favor the alleged victim out a sense of caution.
As for how it may have impacted the lucrative Halloween business in Salem, Day himself expressed worry. But also said that his stores and books do better each year, whether the attention on him is negative or not. “Attempts like these never undermine my success,” he said. Nevertheless, he’s hoping to have a new hearing on that restraining order, and unless it comes around on the docket next October, it’s unlikely that his day in court will be picked up by the Associated Press.