Response to "THE COAL SPEAKER"  Article: "The Legacy of Art Bell at Stake in a New Jersey Lawsuit”

Response to "THE COAL SPEAKER" Article: "The Legacy of Art Bell at Stake in a New Jersey Lawsuit”

This is my response to THE COAL SPEAKER’s article  “The Legacy of Art Bell at Stake in a New Jersey lawsuit”:

(linked here

For the most part, it's based on hearsay and is entirely one sided. The author did not take a statement from Mike Marshalek, Dark Matter Digital Network's owner, nor was I mentioned in the article or even the lawsuit in question. I want to correct the record on the matter.

Here are a few salient points regarding the now dismissed lawsuit in the state of New Jersey about who actually owns the network: 


  • “The crux of the suit: Rubini claims that Marshalek invested in his online radio venture and then stole Bell’s archives. He aims to get them back.” Rubini never owned that content. 
  • The deal in progress involved me as a 50% partner, but Rubini didn’t include me. Perhaps because it was unwinnable and misrepresented the deal.
  • I was the one that put Rubini in touch with Marshalek as a lender.
  • Marshalek had to fire Rubini due to interpersonal interactions which were highly negative. These included Rubini’s death threats, verbal abuse, and worse.
  • As to the Marshalek Criminal Case: “Hoboken dad who beat criminal case files suit alleging false arrest, imprisonment, & slander”  the charges have been dropped. (See )
  • Even had Marshalek not kicked Rubini out of the deal, Marshelak had not yet been paid for the company. He was exasperated at increasing demands for cash from Rubini. Marshalek was a lender and investor but not a source of working capital. This bothered Rubini, who demanded an income. This was the source of contention. 
  • Rubini has zero claim to Art Bell’s archives and as to  “Rubini plies his trade in a white-brick building outside of downtown Dallas as host of his self-titled radio show David Rubini After Midnight." — this so-called show doesn’t exist. He did a trial episode or two, but that show didn’t materialize.  
  • “The paranormal and politics are his topics du jour, broadcast in a voice whose cadence and tone resemble those of Alex Jones, the notorious far-right radio provocateur.” Again, where are these recordings to back that reputation?
  • “According to Rubini, the two struck a handshake agreement in March 2020 for Marshalek to buy the service at $80,000 and then sign it over Rubini, who would pay back the loan with no interest. Marshalek would be a silent lender who just wanted Dark Matter to flourish, Rubini says he thought. But his opinions have changed.” Not true. The amount was $50,000 and Infinite Plane Radio host Tim Ozman was a 50% partner in this venture. Again, Rubini’s attitude got him fired and the deal was broken over personal emails. I won’t share any of these but those who were on the receiving end know what transpired. Many bridges were burned.

 Where things stand now:

I have retaken a position as a manager and rebuilding the network, not as a paid employee and not as a potential owner. I get no monetary compensation for this. In fact, I pay the bills to keep it going. I am doing it as a hobby and a business opportunity. I am working with potential network partners to make Dark Matter Digital Network into something great again.  

I had this position for most of 2021 but when he let me know I held no sweat equity or any chance of owning it — I walked away. But recently I’ve been a little more successful with Infinite Plane Radio and I can afford to invest some time, energy, and money into Dark Matter.

As of October 13, 2022,  DMDN will again broadcast Art Bell’s old shows as well as our old and new network partners. Stay Tuned. 


Tim Ozman,

DMDN, Program Manager


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