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This communication by email reflects negotiations and the settlement of those negotiations between Summer Breeze, Brian Michaels, consulting attorney from Eugene or who was supervising Public Defender Sung Lee from Sacramento and Nils Kessler, US Attorney from Michigan. This deal was renigged in the courtroom without Summer Breeze's knowledge after she had agreed to a guilty plea, pay a fine, no prison time, in order to focus on the John Hunt case.
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Date: Mon, 19 Jan 2004 11:30:21 -0800 (PST)
From: Rickey Gardner
Subject: RE: Cheryl Gardners email/aka Summer Breeze
To: "Brian Michaels"
Cc: GardnersIndustries@now.nu
Reply To: GardnersIndustries@now.nu
Good morning Brian,
Hope you had a nice weekend.
Here's my thoughts...(I will be checking for a reply by email until
I receive one, so if you can ... get right back to me.)
1) A $300 fine is a bit much for doing "no wrong", but understandable
given the only other option they have given me, which is extradition
to Michigan to stand trial, whenever.
2) For the record, the Assistant District Attorney canceled my last
trial date on March 28 when I was already in route in Idaho. He
called me on my cell phone at about 8:30 am to tell me he could
not make it and suggested I call the court to schedule a time that would be convenient for me.
3) Court clerk Pam Chant was not available so I left a message.
Then I emailed the court to explain what happened and I have a copy of that email.
4) I never received another notice. In fact, most notifications
took place by "email". My mother and grandmother were both dying
at the time, as I told the court, one of old age in California over
a period of two years we visited. My mother had mylogenic leukemia
and we made trips and vigils to be with her in Pennsylvania over
a period of eighteen months. She died in November 2002. My grandmother
died eleven days prior to my mother's death.
5) I believe my situation qualifies for extenuating circumstances.
My finances were not great as I was doing death watch with the two
women closest to me in my life.
THAT WAS BACKGROUND AND I COULD PROBABLY BEAT THIS WHOLE THING IF I FOUGHT IT IN COURT.
I have the determination. I have the belief that I am innocent of
any crime and I know this is wrongful prosecution.
I do not have an attorney or other support people who will assist
in that endeavor, so I feel compelled to consider paying the fine,
however, under duress...and seeking to gather and to face another
citation in my home state of California and live free to fight for my freedom another day.
Let it be known to you and all who may read this, if I agree to
this fine, I am not confessing any guilt whatsoever. I make this
choice out of necessity to continue my work at the Angel on My Shoulder
Foundation and to attend the gathering this summer. I believe by
so doing, my actions will do far more good.
I strongly believe that this delay in resolving this matter has
received enough attention to make a difference in the minds of a
lot of people. That may have to serve as "good enough" for me in
taking a stand right now. But I will continue to stand for the cause
of freedom to choose...to gather...and I will sign no permits.
So Brian, here is the short of it...........
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*If there are no hidden charges and agreeing to accept the fine
and plead guilty to "not signing a permit" stops the court appearance
and cancels out any future arrest on "this citation", I agree.
*If I do not have to appear in court on Wednesday in Sacramento,
I agree to accept the ruling of a fine assessment for gathering without a permit.
*If someone from the court in Sacramento will call to verify or
send me a written notice to verify that my appearance in court is
no longer mandatory, I agree to accept the fine assessment.
*Finally, if payment arrangements are acceptable, I can start right
away provided I do not have to spend what little cash I have on
hand to travel to Sacramento. As it is, I will not eat for a week
if I buy the train ticket. The next pay is on Friday, January 23
but I will not receive it till next Monday.
* I am currently paying rent and a big security deposit and utility
payments on a brand new foundation office for our ministry. I have
moved from my house because of current dispute with a man against
whom I am a witness in a current court case.
So Brian, again, if all the "if's" are clarified, then we are ready
to close this chapter, I will begin plans for the payment arrangements.
Please send me documentation of all agreements and final judgments.
Please send me a billing from yourself to Cheryl Gardner, Angels
of The Light, Gardners Industries, PO Box 164 Mount Shasta, California 96067-0164
Thank you so much for all your kind efforts. We love you Brian.
Summer Breeze, Cephas (White Raven) and all our phamily.
--- "Brian Michaels"
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The Free Redirection Service
http://www.now.nu
Date: Mon, 19 Jan 2004 10:44:24 -0800
From: "Brian Michaels"
Subject: RE: Cheryl Gardners email/aka Summer Breeze
To: GardnersIndustries@now.nu
OK ---
this is the info I have
1) the only charge we discussed was the failure to sign a permit (technically, gathering without a permit) After he told me you wanted a trial and therefore thirty days was the recommendation, I informed him all of my clients in Michigan took the $100 forfeiture, he agreed, if you did not want a trial a forfeiture might be OK.
2) however, since you missed two appearances, each of which he says he has e-mails from you verifying the postponements were intitiated by you, he wants a larger fine. I recommended $300 total. He's considering it.
3) YES you can still get a passport, and you do not have to travel anywhere. I believe at this point you will have only conviction.
let me know.
B
"I long to accomplish a great and noble task, but it is my chief duty to accomplish small tasks as if they were great and noble." Helen Keller
BRIAN MICHAELS
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BRIAN MICHAELS, P.C.
Attorney at Law
259 East 5th Avenue, Suite 300-D
Eugene, Oregon 97401
541.687.0578 phone
541.686.2137 fax
blmichaels@hotmail.com
"When they outlaw freedom, only outlaws will be free"
Handling cases involving criminal defense, search and seizure, First Amendment Law and civil rights.
NOTICE: This and any attached documents are intended only for the use of the person to whom this is addressed and may contain information that is privileged, confidential, or work product and exempt from disclosure under applicable law. If you are not the intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited, and you are hereby requested to telephone the sender immediately about the error and to delete this message and attached documents and destroy any printed copies.
----Original Message Follows---- From : Rickey Gardner Reply-To: GardnersIndustries@now.nu To: "Brian Michaels" CC: summer.breeze@angelfire.com Subject: RE: Cheryl Gardners email/aka Summer Breeze Date: Sat, 17 Jan 2004 21:40:59 -0800 (PST) Howdy Brian, I was not privy to know of this arrangement in this particular instance, meaning my current arrest. A phone call came in to the Public Defenders from my husband, stating he or someone had spoken to you. It was also mentioned in the hearing that my husband called. The Judge asked how much money my husband had available at the time. I was not given the opportunity before my arraignment to make any phone calls. So I did not know what was going down. Here are my questions.... #1 Are you aware that criminal charges were added besides the gathering without a permit? I was not aware until after this hearing in Sacramento that these "other charges" existed. For clarification: -The arrrest warrant was issued for failure t o appear. A no brainer. -The original citation charged me with "36 C.F.R.261.10(k) and 251.50(a) {actually, I only saw one code on the actual ticket- the 251.50 (a) is new to me.} -Another violation listed on the docket paperwork is : "Interfering with a Forest Officer." 36 C.F.R. 261.3(a), 261.1b -A third violation listed on the docket paperwork : "Violation of Forest Service Closure Order" 36 C.F.R. 261.53(c), 261.1b Question #2: If I plead guilty, what am I pleading guilty to? failure to appear? failure to sign a permit? interfering with an officer? Violation of Forest Service Closure Order? or all of them? Question #3: If all of them, what kind of fine am I looking at? Will I go to jail for any of these? will I be assessed a fine and not required to appear on January 21 at 2pm in Sacramento to enter a plea? Please advise. The reason I did not enter a plea is because Michigan folks from the DA's office were there demanding an automatic thirty days or extradite me to Michi gan for trial. No one could tell me what I would be pleading guilty to ahead of time and what the penalty would be. I did not feel I had any clarity whatsoever at the arraignment or during this whole thing. So , please clarify and I will give you my decision. If, If I can pay a fine, pleading to the failure to sign a permit, Okay, I will do it. I am not guilty of failure to appear, but that is out of the issue and a long drawn out drama with lots of extenuating circumstances. So, it will probably carry a fine, yes or no? Does that charge stay attached if I plead guilty to the permit issue? What happens to the other charges? What does it mean for my record? Can I still get a passport? Please shed some light on all this so we can end this, Brian. Confused in Mount Shasta, Summer Breeze P.S. Do you know that Judge Hollows issued a ten thousand dollar unsecured bond on me? He made me promise to appear. All I wanted to do was get a straight answer from someone on what I was plead ing guilty or not guilty to.????????????????????? If you tell me I can pay the fine and set it up with the court without having to go backt to Sacramento, missing more work, and spending my rent money, then I will pay that train ticket money to the court and pay you for your time, some next week and some the following. The fine will have to be in payments if it is big. I do not have much moola. If I do not have to go to court again, I need the court officer or someone to assure me. I do not want Carmen Kinch to have to arrest me again for a misunderstanding. Okay? --- "Brian Michaels" wrote:
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