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Received: from Unknown/Local (?.?.?]) by mailcity.com; Thu, 13 May 2004 20:37:31 -0000
To: "Joy Verlinden"
Date: Thu, 13 May 2004 16:37:31 -0400
From: "Free Assembler"
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Cc: "Beth Bonnani"
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Subject: about our status and the status of the case
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Dear Joy,
Please email me upon receipt of this letter so we can discuss the
status of everything, whether you will continue to represent me,
what motions will be filed, what discovery has come in and my getting a copy of all material right away, the date of the trial, the strategy, moving to a superior court with a Judge vs. a Magistrate Judge, the preservation of all my rights.
I am willing to continue dialogue with you until we can come to
understandings, decisions and resolutions of all the issues. Scottie emailed me with a message about you filing for a motion to dismiss. Can you advise me what this is about?
Please advise me about what you are doing.
Please send copies of all filings, from everyone, and any thing
that you have done regarding my case. Please send all requested documentation right away.
Also, I want a copy of the court transcripts. How can I get these?
I also want a copy of the court docket and any and all minutes. Please act quickly.
I spoke to Pam Chant, the court clerk, to arrange the postponement of the trial date because of conflict with the John Hunt trial in which I am a witness for the Labor Commission of California. The Hunt trial began with the pre-trial conferenc on May 11, 2004 in Siskiyou county superior court in Yreka, California. I was present for this. It was a conflict with my trial in Michigan that was set for May 12, 2004. It would be impossible for me to arrive the day after at such a distance, aside from the fact that I could not afford a plane ticket, which is the only possible way I could have been at both places, if it were possible with the time frames. In the John Hunt trial, there is a stack of evidence three inches thick.
His lawyer is baffled, as are we.(Cephas, my husband, and myself and all other folks involved)
I have just filed a civil suit against the Mount Shasta Police Department and am going before the Grand Jury with a complaint against police and government officials who refused and failed to act in my behalf when complaints were filed and who also refused to protect me when I stepped forward to turn over evidence being subpoened by the Labor Commission of the state of California. The agencies notified failed
to protect a material witness and allowed the continued harassments,
threats of retaliation, violence, intimidation, theft of personal
property and my van with all its contents, threats against my life
and the lives of my family members. This is only the beginning of
our attempts, my attempts, to petition for a redress of grievances.
The list of offenses are very long and involve many persons of state
and local government officials as well as private individuals. I
have every right to justice and protection under the law against such abuses.
Remember, I was a witness, doing the right thing by turning over
evidence of crimes in both instances, my citation by the Forest
Service and in my witnessing against John Hunt and all his accomplices,
yet unnamed, investigations furthering.
It is very imperative that I be available for the entire saga of
this John Hunt, Mount Shasta Police investigation. It is imperative
that I continue to file for the proper recourse proceedings and
that I appear in all hearings regarding this matter. The safety
of certain individuals, myself and my family members included, as
well as the public at large. The actions in Siskiyou county, Mount
Shasta, are a threat to the public safety and welfare.
Joy, I had no choice but to appeal to the court itself for a postponement
of my Michigan trial because you told me there was no chance that
Judge Greeley would grant it. I requested that you file a motion
with the court as I was advised I could do and should do by Bob
Duncan, Federal pre-trial service Officer in Sacramento. When you
declined, I had to take the action myself. We need to co-operate
with one another, as the court has advised, as I was told the Judge
advised you as well. I contacted the court myself in the interest
of justice, and in the interest of preserving my unalienable rights.
I am saying all this for the record. The truth needs to be put out on the front. I am a witness in another case and have been since before my arrest in Sacramento. I was a witness of police action in Michigan and that is why I was cited, not for gathering without a permit. The Forest Service Officers, especially J. Pino, ticketed me with the 36 CFR 261.10 citation because it would be illegal for giving me a citation for simply asking permission to approach when I was witnessing an event taking place by officials. It is illegal for an officer of the law, any agency, to harass and fine and/or arrest an individual who is simply performing their civic duty in making sure justice is carried out by witnessing an event and taking down information such as badge numbers and names to document this information for future court cases on behalf of the person receiving the citation. This is what happened. Their badges were in their pockets and/or turned around so they were unreadable. This is illegal for an officer on duty to hide their badge. A "victim" of police interrogation has a right to know who is approaching them, especially when the individual(s)/Officer(s) is/are carrying guns.
So please update me. Is there a Motion to Dismiss in the works?
Please address the issue I just mentioned because it carries great weight on my case more so than the issue of the permit or any thing else.
I was cited for witnessing, not for gathering. The Officers involved, J. Pino, Pegan D. Eavers and another, only used this citation because it would have been illegal to cite me for witnessing, and they could not.
Another point of interest about individuals being specifically targeted, our daughter in Idaho just received notice yesterday that a warrant for her arrest will be issued if she does not pay a $75.00 fix it ticket for a tail light being out as she was driving off the mountain at the gathering site in Utah 2003 during the daylight hours. Officer Oates harassed her, threatened her with bodily force and harm and even grabbed her arm attempting to pull her out of the drivers side window of her vehicle because she was too afraid to get out of her vehicle since he was verbally threatening her. She requested the
assistance of another officer,who came on the scene and relieved
Officer Oates. There are several witnesses, two were inside the
vehicle along with the two small children that were present and
terrified, the children begged the Officer not to leave their mommy alone.
Targeting, harassment, plain and simple happens repeatedly at these gatherings and it needs to stop somewhere. Let us start in the courts to stop these abuses. Let us start in the courts to stop these Lawbreakers who routinely violate people and their unalienable rights,who threaten their safety and who destroy their public image and lives. Public Officials need to be held accountable to the very same Laws they are hired and elected by the public to protect and enforce. Public officials need to abide the law.
Please think about this when you consider a defense in behalf of
Cheryl Lynn Gardner, suae potestate esse.
Peace be with you Joy. A copy has been mailed to scottie and other responsible parties to protect the innocent.
---
Free Assembly is a God given right from our sovereign
Almighty Omnipotent Creator. No man has the power or
right to infringe upon things created and given by God.
And the angel removed the seal and seven thunders uttered
their voices....(Revelation 10, The Holy Bible)
http://www.angelfire.com/mt/spirit/theseventhunders.html
Sky Windspirit invites you to visit The Utah Peace Test.
http://www.angelfire.com/ut2/peacetest/index.html
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