Sunday, June 20, 2004

Summer Breeze discusses case with Attorney Brian Michaels

Brian,

There was a typo in my last email to you.

It reads "Do you know Judge Hollows posted a ten thousand dollar
unsecured bond on me?" not "Do you knot"....

just to clarify.
summer breeze

_____________________________________________________________
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Date: Sat, 17 Jan 2004 21:40:59 -0800 (PST)


From: Rickey Gardner [add to address book] [add to spam block list]

Subject: RE: Cheryl Gardners email/aka Summer Breeze
To: "Brian Michaels"
Cc: summer.breeze@angelfire.com
Reply To: GardnersIndustries@now.nu
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 to 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 Michigan 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 pleading
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:


_____________________________________________________________
The Free Redirection Service
http://www.now.nu

Date: Sat, 17 Jan 2004 17:39:52 -0800


From: "Brian Michaels" [add to address book] [add to spam block list]

Subject: RE: Cheryl Gardners email/aka Summer Breeze
To: GardnersIndustries@now.nu
I received the E-mail, but what I thought we were doing, and what I represented to the US Attorney, was to pay the fine and be done with it. Thankfully he agreed. Is that no longer your position?

Everyone who fought this in Michigan LOST. and was sentenced to thirty days, beginning June 14, so they could not go to the Gathering. You have already angered the courts and the US Attorney by failing to show up twice. I called the US Attorney and told him to let you out and pay the fine. There is little reason to do anything else. Steven and Scottie sent many good people to jail by promising them false hopes. Let's not add your name to the list of judicial victims these two have created.

Let me know ---







BRIAN MICHAELS
--------------------------------
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: blmichaels@hotmail.com CC: berkano@netzero.com Subject: Cheryl Gardners email/aka Summer Breeze Date: Fri, 16 Jan 2004 11:36:43 -0800 (PST) Dear Brian, Please let these two email addresses through your spam filters. We will be sending a lot of important paperwork regarding the Michigan gathering citation for Cheryl and the events that led to her arrest by a forest service Leo at her home, being led by her harasser and stalker, John Hunt. Please confirm that you have received this and that spam filters have been lifted. We(Cheryl and Berkano)will be sending important faxes and emails about the case. confirm when you receive this. Cheryl Gardner, a/k/a Summer Breeze P.S. Our phone number as of this coming Wednesday, the 21 of January, will be 530-926-3923. _____________________________________________________________


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