Some of these letters have been taken off the internet by the thought police in Ravalli County, Montana. Thanks for breaking the code of silence.
OUR Documentary IS AVAILABLE! see press room for details or see www.beaneaththebeauty.com view trailers!!
make sure to see our President letter on the home page!
Index of Letters: 1) Why the "Big Picture" is the new America (newest---blog entry)
2) Human Rights with respect to Governor, other high official (new)
3) "We the People" and what we've done (new)
4) The 10/19/07 Letter to Jim Messina (now in the White House)
5) SUPERCOP moves to Missoula ? (new exclusive)
6) Motion to Reconsider in Trespass on Public Property
7) Letter to County Atty and Ravalli County Commisisoners
8) Response to President letter from Hamilton Police
9) Standing Our Ground
10) (Ravalli) County Going Down Wrong Path
11) How Long Can It Go On ?
12) Emergency Declaration request to Governors office
13) A Letter to the Montana DCI
14) The University of Montana Law Dean (new & updated 1-15-10)
15) Floodplain Fiasco
16) County Attorney Must Be Removed From Office
17) Letter to Sheriff
18) Hamilton City Council
19) SAFE (Letter to the Director)
20) Montana Attorney General correspondence
21) Its Time To Rise Up Bitterroot!
22) County Incompetence Continues
23) Saving Justice
24) Defamation is not OK
25) Montana Association of Counties (MACO)
26) Request for Montana State Police Force (new)
27) Memorial Saying for Resistance
28) Our Original Letter to the US Senators
29) Valley Viewpoint: Liability and Tasers with pics
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#1 The Big Picture is the New America found at www.WethePeopleMT.blogspot.com
Whenever someone exposes the Big Picture of the new America, things quickly go bad. Our group in Montana exposed law enforcement from local, county, state and even the federal level in our area committing misconduct, and dereliction of basic duties as law enforcement.
The big picture includes simple things like not releasing public documents like police records. The big picture includes covering up misconduct, even illegal behavior.
It helps when you have a newspaper chain that enjoys a monopoly in the state that can "tell" a different version regionally, and even nationally.
The big picture includes the ENTIRE Montana justice system ranked worst in the country.
we documented the connection to the biggest names in corporate business who have vacation homes here..yup him too. We don't need to name names here.
We documented the Big Picture in http://www.Beneaththebeauty.com , a two hour documentary which is taking people in Montana and elsewhere in the world by storm.
We telegraph the issues to the world wide web at http://www.MTjustice.info . We have a watchdog site for our local area at http://www.Bitterroot-rising.org .
For Three Years, we have documented the Big Picture. Some of the people we have contacted now work inside the White House, and have covered up the Big Picture in Montana and the United States.
The tactics in Montana are the new MO of White House Staff. Need we say Baucus and arrest those with outside opinions, or Romanoff and Deputy Chief of Staff Messina tampering with elections? Sketchy and unconstitutional behavior have been established via the Big Picture...now they run our country. We say we have rights, laws, and constitutions, so non-criminal behavior should not be rewarded with jail time. Should we as Americans allow the Big Picture to encroach on our daily freedoms established in our Constitution? Domestic Tranquility as a preamble to that document does not mean improper seizure, non Due Process of Law, no Freedom of Speech, Assembly, or Petition of our governments. Within the Big Picture in Montana, all of those are lost. We fear the impact of this ideology within the White House, and governing our nation.
Pat Tillman the NFL star and ARMY Ranger was killed by our own country, says the soon to be released THE TILLMAN STORY, in theaters in August-September 2010. Why? he was the posterboy for enlisting in the army to fight terrorism after 9/11, and found out the current war in Afganistan, now 9 years later was a sham. He was voicing interest in protesting this war as he returned to the United States. The US government took care of that problem.
....See what happens when you complain in the "new" America?
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#2
Human Rights in Ravalli County Montana
webmaster note: this letter was sent to the Ravalli County Commissioners, and two select very important people. Lets see if some change happens.
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The "youre so vain award" goes to Montana's own "bobble-headed bolo" Governor for knowingly presiding over a state ranked 48th out of 48 for justice and proclaiming it the best in Denver 2008 at the DNC. He refuses to answer written requests for improvements, nor hear Montana law already written to improve the situation our state is in. We have made three attempts to meet, send information, and seek assistance.
The second VIP who got this letter is aware of the Federal Crime committed by officials in the Bitterroot Valley by merely opening his letter addressed to the webmaster. Will he be able to prosecute his friends who share a political party? We dont think his new oath will allow him to narc on his friends. So goes justice in Montana: keep status quo.
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Letter content:
For some reason, quite a few people believe in civil discourse in our county. When a member of the public asks a newspaper publisher to stop intentional defamation, and publishing false information, what part of that interaction isn’t civil discourse? In their response, the Hamilton Police via Chief Ryan Oster, a plainclothes detective, and a patrolman named Jessop appeared in three separate cruisers when “threats” were called into dispatch. Quietly sitting in a waiting area composing a note was called into law enforcement. This occurred July 9, 2009. Only Officer Jessop, with less than a year on the job, gave helpful information. He is now facing an on-duty shooting investigation. Further civil discourse occurred at the District Court Clerk office, this discourse will be available on our DVD soon. Protected speech is rewarded by the county commission with a public warning letter, a harassing journalist, and headline that keeps on giving the gift of libel months and years later. A letter if you do, or many letters if the public doesn’t act civilly. The Ravalli County commission cannot have it both ways. It is time we let them know who they work for, and that they get paid well to uphold their obligations as county commissioners to us. They have the ability to improve our county, yet would rather defer that power by getting a legal opinion; thereby ensuring the status quo continues unchallenged.
Now that we are on the subject, and people are behaving badly, shouldn’t we adhere to the letters of the laws that govern us? It might begin with the Open Meeting Laws that are contained within Montana Law. They are required for every meeting of a government body in our state. The Commissioners were granted “wide latitude” by the Ravalli County Attorney Office (RCAO) to literally do as they please with public meetings. Should they wonder why things go astray? The provisions of an open meeting include a published announcement, public comment period, a printed agenda, and order. The unincorporated City of Hamilton actually does quite well with public meetings. I brought a sample meeting agenda to the county admin building, and civilly waited 20 minutes for the clerk to end her “business” conference call. These are the people we elected into office for their abilities, not their values. If they want to be re-elected, it’s time to solve some of these problems without blaming constituents. We should expect and ask more from our county government.
Within Kathleen Driscoll’s letter to the Bitterroot Star, she mentions “not meeting legal muster” and “non-legal” with respect to the advisory role of the planning board, and the first reason she votes. Remember also that the former head of the planning board resigned his position, citing difficulties with the county government and the commissioners. He happens to be a well respected architect in our community.
When the RCAO budget was presented to Ravalli County Commissioners, they expressed that they felt like they “…had a gun to their heads...” which is how things work ‘here in America’? The county attorney, in office for 20 years is in full control of this county. What is sad is that the commissioners were given statutory authority to improve public safety, or interactions with the public, but would rather vote about square footage within county buildings, and other administrative tasks unanimously. With millions in federal payment in lieu of taxes (PILT) funds, Ravalli County is held afloat by the US Government. We are not an island outside of the United States jurisdiction, and we are supposedly protected by laws, and our constitution as Montana citizens. The inalienable rights in the Montana Constitution, and the absolute jurisdiction of the US Constitution and Bill of Rights are unknown to Ravalli County residents. We are making this county so “special” that no one wants to live here.
Mr. Kurk, and Ms. Driscoll think we live “here in America”. I have some troubling news. Jailing US citizens without probable cause, restricting their travel, and producing fear in the local population reflects Russia, not America. Governmental intrusion in peaceful assembly of citizens, judges engaging in crime and related misconduct is a norm in the Bitterroot Valley. Our local law enforcement intimidates witnesses, employers, tampers with evidence, conducts warrantless searches outside jurisdiction, and engages in criminal acts like theft. Four (4) inmates took their lives while in custody because “they didn’t have a chance.” This is the Bitterroot version of America; The US Constitution ensures domestic tranquility. When taxpayers are asked to refrain from public expression of any sort, it further limits free speech, one of the main principals of our republic.
One must not be black to advocate civil rights, the rule of law, due process, or equal protection. Our county doesn’t even have human rights, nonetheless civil rights. Part of the reason is Ravalli County’s rank as 56th worst judicial system in the State of Montana which ranks 48th in the United States for justice. Our Attorney General, and Governor would rather ignore this truth. Maybe it is time that the county commissioners start a new discourse: restoring rights and privileges to county citizens. I think there will be no need to ask for calm, we all will be in disbelief if it happens.
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#3
"We the People" and the work we can do
A group of concerned citizens gathered in the basement of the Bitterroot Public Library. At the time, group members were being targeted and followed by the Hamilton Police Department. The mayor of Hamilton has the legal duty to properly supervise these officers. Instead, law enforcement, prosecutors, and a number of judges and attorneys colluded to intimidate law-abiding residents. This situation was getting out of control.
A local newspaper was encouraged to publish defamatory articles about citizens’ group members.
Our group was being targeted because we pieced together evidence regarding the tremendous control County Attorney George Corn exercised over the “trough” that lawyers must feed from to make money in Ravalli County Montana.
Judges who had previously worked for Corn were swayed to rule against their better judgment when he made motions to “reconsider.” Although this tangible evidence of improper influence is a matter of public record, the Montana Bar Association did not take action. However, in December 2008 a civil rights case was filed in Missoula against the county. One count in the indictment included conspiracy to deprive civil rights section 1983(42USC s. 1983). This conundrum is as yet unresolved.
Our group has determined that the weaknesses revealed in this situation are most related to difficulties with communication. We decided to break this control of information in order to expose the workings of some who seem determined to exclude residents from processes of repeal and reformation.
Our method was to create a website with interactive e-mail and an information blog. This was a lot safer than public meetings and is how www.Bitterroot-rising.org came to life. When some issue needed attention, we added pages. One example which inspired our concern was when a 30 year veteran EMT director in our area was unfairly fired by Marcus Daly Memorial Hospital. We also had questions about safety in the NIH-RML Lab in Hamilton. This continues to be the only level 4 bio-lab (they work on “infectious agents” like Ebola) without adequate federal fire protection. The nearest Haz-Mat team is in Missoula.
It is our hope that these efforts may inspire reform.
“We the People” will debut a documentary on local justice in short order. The film will examine many aspects of a flawed justice system, crippled law enforcement, and what residents have to say. Our local government officials want to police themselves, rather than being responsive to their constituents and accountable for their actions. It is time our public officials heeded the will of the people of the Bitterroot Valley. We have been ignored for too long.
Webmaster note: The DVD is titled: Beneath the Beauty: Hamilton, Montana. It will be available locally, and soon through internet order, mailed to your home.
This blatant disregard for civil right suborns state and federal constitutions: those who protect this “system” can keep their jobs if the “go along.” Special rights of passage are conferred even when necessary qualifications are missing or lacking. Many refer to this system as the “old boy network.”
Regardless of what it may be called, justice is taking a back seat to political expediency, and we are losing our rights to life, liberty, and the freedom to pursue happiness in the Bitterroot.
Unfortunately, The Hamilton Police Department has become primarily a mechanism for brining in revenue. They have targeted individuals for intimidation, sometimes up to fifteen miles beyond the city limits. They have been seen parking in driveways outside their jurisdiction. A current commissioner wrote in a bid for office, that we need a “definitive leader” in Ravalli County. Have we found this yet? Are the voters of Hamilton ready for someone to sort all of these problems out?
The maintenance of the “status quo” is very important for the individuals it benefits: a few public officials. If we want to reclaim our justice system, we must get involved. We need to elect qualified candidates and stop listening to gossip and lies. The propaganda which is being marshaled and published to defame residents of this area must end. The police must not act as an enforcement arm for any business, and neither should they perform as a security force dedicated to local government. If “threats” or “disturbances” are called in, it would be more prudent to evaluate each situation on its merits, and consider the source, before acting against the best interests of residents.
Member s of the local “We the People” group can hold our heads high. We have worked hard to stand up for our neighbors in Ravalli County. No newspaper, with a history of partisan political posturing, should be allowed to be used as a tool to discredit our work. The problem most often arises when candidates for office are working hard to reach voters so that we can make needed changes. We cannot allow entrenched politicians to silence the voices of freedom.
I offer to take seriously the oath of office as Mayor of Hamilton. I will clean up corruption, respect the council, and encourage public participation. I am the only candidate who has proposed a viable economic recovery plan for the Bitterroot Valley. The initial work on a commuter rail project will sell homes, increase property values, and provide an alternative to driving on one of the top ten “killer” highways in the United States. We need not surrender our future.
We can choose to elect a dynamic leader who will handle these problems and do what is best for the City of Hamilton. With new leadership, we can recreate a Ravalli County government which is responsive to the people and responsible for its actions. Rather than surrendering our liberty we must insist on justice. Together, we can make a difference.
Michael Spreadbury
for all of the members work with "We The People"
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#4
Jim Messina 10/19/07
Chief of Staff
Senator Max Baucus
Washington, DC
(sent by fax on this date)
RE: 1.Ravalli County
2. Telephone conversation of 10/18/07 with Billings Staffer
Dear Mr. Messina,
I am hoping that this receives you well. Please note that the senator’s office has not issued a letter in regards to our request of a congressional inquiry into civil rights crimes and criminal conspiracy in Western Montana and Ravalli County dated 8/29/07. Senator Jon Tester wrote to us on September 12, 2007. We are in the process of putting together a national press release indicating the resistance we received from our congressmen; no assistance was levied from your office (see press room page). Melodee Hanes, from your Billings office will be named within a “persons of interest” to the USDOJ for her actions to protect these criminals. I have never heard of a congressman’s office refuse to help their constituents. Please draft a formal letter to us which states that there is a refusal to assist us with civil rights crimes in a congressional inquiry as we requested in the above mentioned letter which was sent by fax to DC and hand delivered to the senator’s Missoula office on or near August 29, 2007.
At approximately 14:45 hours yesterday, Melodee Hanes of the Billings office called my home after I left a message to call. She overpowered the conversation with her personal experience as a prosecutor for 20 years. Congressional aides do not normally overpower constituents when they are seeking help from a congressional office. Ms. Haines and I had not spoken before. She spoke specifically of my “case” and gave legal advice which was not solicited. In an antagonistic manner, she interjected if I had a problem speaking to women. When I asked if there were anyone else I could speak to, Ms. Hanes did not respond. She did emphatically say that we would not get a congressional inquiry. Noteworthy, Ms. Hanes did not see our 120 pages of documentation that “We the People” were prepared to submit yesterday to Max Baucus staffers. Ms. Hanes terminated the phone call abruptly and without warning.
Protecting prosecutors and the situation in Ravalli County is a form of conspiracy. We now have a direct line to the Department of Justice in Washington DC for Civil Rights. We will not hesitate to name Melodee Hanes for officials to investigate.
On behalf of “We the People” of Ravalli County, I look forward to the letter refusing a congressional inquiry on our behalf which was requested 6-7 weeks ago.
Sincerely,
We the People P.O. Box 416
Hamilton, MT 59840
NOTE: Melodee Haynes was removed from the State Director position as of June 2009. This information was passed by NPR morning edition 6/24/09. She is reportedly Baucus's girlfriend. They split up two marriages to be together in DC. The senior senator found a job for Melodee in the US Justice Department after she was passed over for US Atty for MT.
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#5
Supercop moves to Missoula July10, 2010
Roy P. Pilkey
Hamilton, Mt 59840
To whom it may concern,
I give this statement as true to my word.
I am a retired Seattle Fire Lieutenant residing in Ravalli County since Feb 7, 2002. I have trained five Fire Recruit classes for Seattle, and I have sat on Employment Review boards and Promotional Review boards, regarding both firefighters and police. I am the author of the "Letter to the President" Mtjustice.info.
It has come to my attention that a recently terminated Hamilton Police Officer has applied for service within the city of Missoula. It was also alledged that he received a recommendation from his former Chief Ryan Oster of HPD.
The person I believe applying is Nick Painter whom I observed as a Police officer in the city of Hamilton.
If he is being considered, I would strongly suggest that you give Chief Oster a lie detector test in regards to his recommendation, and that you give Painter a physcological exam, a lie detector test, and a drug test before you make any promises to either of them.
Painter was recently terminated with full pay from the City for what was cited as misconduct. How can that be? He could only be terminated if something were true, and he had done something wrong. Hamilton could not prosecute Painter without blowing the whole coverup, he has too much on all of them. I would point out, that his termination was never made public by the City. It only appearred in a small article in the Bitterroot Star, one of Montana's only independent newspapers.
Following the Public Outcry on June 16, 2007, (mtjustice.info) citizens have lived under a reign of terror from Nick Painter. In his first year of service, he ran unchecked, unsupervised, like a teenager playing cops and robbers. He did not attend the academy or swear an oath until he had served for one year. He is an insult to everyone who ever carried a badge. The pain and suffering caused by this person is indescribable. In the "Letter to the President", and the documentary "Beneath the Beauty, he is referred to as "Supercop". His name decorated many urinals and toilets in the Ravalli Republic.
After forming a group in our area, to try and fight the lawlessness there, (mtjustice.info), one of the first people we were directed to was the Law Enforcement Academy under the direction of Alan Horsefall. Mr Horsefall alleged that he had never heard of Painter, but if there was a problem, we were to direct people to him for investigation of the complaints, and if true, the officers in question could be relieved of duty. Since we had received no help from anyone else, we thought this was good. I was instructed to meet with the Police Chief, which I did, and I encouraged people to call Horsefall. We had been assurred anonimity.
My first meeting with Ryan Oster was pleasant, but he insisted that all of this was not true and that everything had been thoroughly investigated by him. I tried to explain to him that I had been first hand witness to much of this but that was useless, I think he thought the Pumpkin truck had just driven by. I said to him that I had worked with a lot of officers in my career, and that "I think Painter is nuts". The scene that transpired next is impossible to put into words. The Police chief of Hamilton Montana turned his head to my right and squealed "EEEEEEEEEEEEEEEEEEEEEEEEEEE"! I am seldom at a loss for words. We agreed to work together. There are 15 cops in Hamilton, guns are brandished and used by police regularly. Deny, deny, deny, it is'nt what happened, it's what we can make it look like happened.
While all this was going on, all of the people that had testified to the city council or turned in a complaint were being harrassed. Bricks through windows, speeding tickets, slander, public mockery, second arrests, all denied by Oster. Perhaps he no longer had control of his Officers, especially Painter. Painter was touring the county at night showing up miles from the city limits, he had young girls sitting in on our meetings, drive bys and pull overs at every chance. Then it was my turn.
First I got an unsolicited call from an FBI agent in Missoula, he called me by my nickname on my cellphone. He asserted that he would not believe anything that I had to say regarding HPD, "I really like what those guys down there are doing". I guess this guy is for real but cant seem to get his name right from the Salt lake City FBI, is it Mossback, Mossberg, or Mossbag??? They have used all of those, is he undercover? Seems he has a relative in law enforcement down in the Ravalli Republic. We did send 140 pages of testimony to Richard Powers asst director of the FBI in DC, but he has been relieved of his duties Since mr baucus now runs the country.
So far I had nothing other than outrage at what was happening, but that all changed when Painter starting driving by my house revving his engine at night, by the way I live well outside the city limits. Calls to the dispatcher asking what was going on were always, no, there shouldnt be anyone there. So I called Oster again, no response. When I went to a council meeting regarding finances, Oster was there in regards to making more detective positions for promotion. He saw me in the crowd and before he gave his presentation, he gave an "oh by the way, Mr Pilkey who represents a group called We the People, called me and I investigated why there was an officer in front of his house, he was investigating a hit and run".
I called him the next day and set up another appointment. I was now followed whenever I went through Hamilton, right on my back bumper.
At the next meeting we were joined unnanounced by the Sheriff, chris hoffman. I was now playing ping pong with two dolts. hoffman was appalled by my claims of ineptitude of the Officers that he had personally trained, his distinguished career in law enforcement was not to be taken lightly. In the background I think they were playing music, country music, "there's a light on in window, but there's nobody home". Let's just say I stepped on their ball, and I wanted to see the agreement that gave HPD free run of the County, and I wanted to see a copy of the city limits that the bogus city of Hamilton had never recorded since they never incorporated. Response from hoffman, "I am sure that's around here someplace". I dont see Hamilton Cops out in the county anymore so I dont think hoffman ever found his paperwork.
Now it got really nasty, Oster wanted to know if I had anymore names for him with complaints, since everyone that had called the academy had been turned over to him, and by the way Gh....s back in jail. No ryan, I have nothing further to discuss with you. (mtjustice.info) G was a mother whom Painter had railroaded, her story is told in the Letter to the Pres. Heartwrenching. It turns out Horsefall was a longtime friend of the Oster family and we were to "let bygones be bygones". No ryan, no more names. I'd call that a coverup, straight from the academy. The line of people that would love to hang Nick Painter is very lengthy, but they live in fear. Oster covered it all up. Horsefall was interim and disappeared.
Painter was now out of control, he thought he was bulletproof. Teenage girls pulled over with "if you go out with me, I won't give you a ticket", outraged mothers were ignored. Underage girls brought to bars in Stevensville and served alcohol by Painter. When the bars tried to turn him in Ryan Oster's answer was that it was a sting operation to see who was serving minors. There is a tape of a 14 year old girl and her 16 yr old boyfriend, who was held at gunpoint by Painter,telling them "do you know who I am"? Hamilton ignored it. Painter publicly bragged that he had dodged the bullet. He got divorced, married an underage girl, whom he appears to be abusing in the city of Hamilton with obvious impunity since his dismissal. He has too much on Hamilton, and ryan oster. (mtjustice.info). The chiefs answer was always "we investigated and he was reprimanded".
Painter was promoted to Detective, probably to get him off the streets, he and Oster had recently covered up a real Hit and Run by a Hamilton City Councilman (see Law Enforcement Watch Page www.Bitterroot-rising.org for picture) who is no longer on the council. Montana State Patrol knows about that one. Coverup with injuries.
Does the Missoula Police chief report to the Mayor? Is he responsible for hiring. In Hamilton, the tail wags the dog. There are numerous Federal and State Law Suits in place at the moment regarding the legacy of Ryan Oster, Mister Painter, sheriff hoffman, and Hamilton.
I wont bore you with anymore inuendo, so I would hope that your town has a little more class than Hamilton, you would not hire a childish, dellusional, psychopathic bully and give him a gun and badge to "Protect and Serve". Mr Painter should be applying for parole, not a job.
I would go through hell to be at your disposal, I already live there.
Roy P. Pilkey
Hamilton, Montana
Response from Police Chief Muir: Missoula Police Dept.
Mark Muir <mmuir@ci.missoula.mt.us> wrote: (on a Saturday)
Mr. Pilkey,
I appreciate your concerns and our Police Dept will do everything it takes to conduct a proper in-depth background for any applicant.....
Sorry... continuing - for any applicant to join the MPD. It is helpful to have some knowledge of how individuals have performed in other communities and we are generally more cautious with former officers at other departments. Thanks again.
Mark Muir,
Chief of Police
Missoula, MT
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#6
Motion to Dismiss (case for trespass on public property in Hamilton, MT)
Pro Per
Michael E. Spreadbury
700 South Fourth St.
Hamilton, MT 59840
City of Hamilton ) Case No: CR-2009-53
Plaintiff ) No Citation issued or Arrest.
vs. )
)
Michael E. Spreadbury ) MOTION TO RECONSIDER
Defendant )
Comes now the Defendant, charged with misdemeanor trespass in the City of Hamilton, Montana.
The Defendant raised the issue of jurisdiction in a motion dated October 14, 2009. In an order dated 22 October 2009 the court does not mention jurisdiction within its explanation.
The Defendant raised this issue in lines 15 and 16 of the aforementioned 14 October 2009 defense motion. Within these lines the Defendant states that the Plaintiff has failed to raise a valid question that the Hamilton Municipal Court has jurisdiction over. Specifically, telling a taxpayer who supports a library not to enter the premises is outside of Montana Law as prescribed in Montana Code Ann. 22-1-311 [Use of Library—Privileges]. The text of said law is listed in lines 17-20 of the Defendants motion dated October 14, 2009 and unanswered in the court’s October 22, 2009 opinion and order.
The opinion and order from the court does not have any citations to Montana Law, or cite any pertinent case law related to the case. No citations are given to support the court’s view of limited application of the Montana & US Constitution with respect to peaceful assembly.
The United States Constitution has absolute jurisdiction in Ravalli County, Montana and City of Hamilton, Montana as prescribed in the compact with the United States as found in the Constitution of the State of Montana:
All provisions of the enabling act of Congress as amended and of Ordinance No. 1, appended to the Constitution of the State of Montana and approved February 22, 1889, including the agreement and declaration that all lands owned and held by any Indian or Indian Tribes shall remain under the absolute jurisdiction of the congress of the United States, continue in full force and effect until revoked by the consent of the United States and the people of Montana.
The order from the court indicates that the First Amendment of the United States is “subject to reasonable restrictions as to time, place, and manner of its exercise (top of 3rd page of 10-22-09 order).” The court makes an argument that the Article II Section 6 provision of the Montana Constitution (which also covers peaceful assembly) is also limited.
At no time did the Defendant indicate that these constitutional rights were a defense to misdemeanor trespass. However, it will be established in this motion that no law can be enforced which eclipse constitutional rights (14th Amendment US Constitution: see pg 9).
The Defendant never trespassed on public property due to having the “…free right…(MCA 22-1-311) to use this property as an inhabitant of the City of Hamilton, MT who is taxed to support the Bitterroot Public Library District (hereafter “the library”).
The Defendant’s behavior was never put into question by the library, nor was the Defendant ever asked to leave by any library or law enforcement personnel. The Defendant was not contacted by the board of said library prior to the alleged incident on August 20, 2009.
The original sworn complaint was brought before the court on 2 September 2009. It states that the defendant entered unlawfully or remained on the property when Defendant’s privileges to be on the premises were revoked.
The Defendant was prosecuted due to no violation of library rules, but a candidate for office.
A June 11, 2009 letter from the library director acted upon no violation of library rules, and was intended to cause much character damage; the court, police department, local media, and the city attorney maliciously directed criminal charges at the Defendant.
Montana Law allows free use of a library unless “…willful violation of library rules (MCA22-1-311)…” which includes being asked to leave the library for misconduct; a request of this nature was never made of the Defendant. This revoking of privileges is an action which, by aforementioned statues must come from the library board, not the library director. The June 11, 2009 letter from the library director “banning” the Defendant from the premises without aforementioned requisite that personnel from the library ever asked the Defendant to leave the library, an action which is required by library operational rule p.10,v,d as listed in the June 11, 2009 letter from the library director. Removing privileges without cause is the basis of entrapment: the library director made appointment with the Defendant the previous day.
The responding officer Sgt. Steve Snavely has given testimony on video tape that no library board contacted the Defendant (letter, phone call, electronic, other) on August 20, 2009 when the Defendant was peacefully assembled on public property at the library commons. Officer Snavely of the Hamilton Police Department made no citation, or arrest of the Defendant on August 20, 2009. The responding officer never requested that the Defendant leave the library property. The Defendant did not violate any trespass statute, as per Montana Code Ann 2-1-311 and Article II Section 6 of the Montana Constitution and the First Amendment of the United States Constitution. The Judge and City Attorney swear an oath to the aforementioned constitutional documents:
Article II Section 6 Montana Constitution: Freedom of Assembly
The people shall have the right to peaceably to assemble, petition for redress or peaceably protest governmental action.
First Amendment of the US Constitution (ratified December 15, 1791):
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for redress of grievances.
Numbered list by court in an attempt to summarize Defendants position:
1) The defect in the letter of June 11, 2009 is that it violates Montana Code Ann. 22-1-311 as to privileges to individuals, and the Library operational policies which the Defendant stated was not the court’s jurisdiction:
a) No library staff or law enforcement ever asked the Defendant to leave library.
b) Banning a written work violates the library policy of “right to read” (ALA)
c) Banning a patron due to political beliefs also violates library policies.
The Municipal Court has no jurisdiction over library rules, only Montana and US Law.
The June 11, 2009 letter from the library cannot remove library privileges as per MCA 22-1-311. Director of library has gone outside of Montana Law to “ban” patrons several times in 2009; court must uphold Defendants free use of library as per Montana Law.
5) No law enforcement ever asked Defendant to leave library. Defendant left voluntarily.
6) The library board took no action on or before August 20, 2009 to the Defendant, and responding police officer collaborate this in presence of Defendant witness.
7) The proceedings in this case constitute malicious prosecution due to a sworn statement of September 2, 2009 which reads:
Criminal Trespass to Property
On or about August 20, 2009 within the City Limits of Hamilton, Ravalli County Montana Defendant Michael E. Spreadbury committed the offense of Criminal Trespass to Property, a Misdemeanor in violation of section 45-6-203 MCA by entering and remaining unlawfully upon to premises of the Bitterroot Public Library after his privilege to do so had been revoked via personal communication of notice by the Bitterroot Public Library to the Defendant, which is in violation of the above statute.
A library director does not have authority to remove patrons by MCA 22-1-311 [Library use—Privileges]. Free use of public property, also within MCA 22-1-311 is not a violation of the criminal trespass statute (MCA 45-6-203). The US Constitution has absolute jurisdiction as per the Montana Constitution compact with the United States (see page 2 for full text).
Defendant did not enter, nor remain unlawfully. July 15, 2009 correspondence to board, library director, and Hamilton Police re-established privileges with use of MCA 22-1-311.
The Defendants privileges are protected under aforementioned Montana Code Ann 22-1-311 [Use of Library—Privileges]. No willful violation of library rules by Defendant, or required library board communication to the Defendant occurred. The Defendant telephoned Ellyn Jones, now the resigned chairman of the board of the library on July 15, 2009 the same day a written correspondence went out to the library director, two members of the library board (including Jones) and the entire Hamilton Police Force. As indicated, the chairman resigned her position.
The Defendant also has constructed a sworn statement that no improper conduct occurred in the past 4 years or 48 hours on June 11, 2009. The Defendant was never asked to leave the library by any person, nor was the Defendant’s behavior ever been put into question at the library prior to August 20, 2009.
Cause CR-2009-53 does constitute malicious prosecution due to the selective use of Montana Code by the City Attorney in a manner that causes harm to the Defendant, and does nothing to protect the public. Defendant acted in appropriate manner at all times, and the free right to use library has been in jeopardy since early June, 2009; and is exacerbated by the court in the form of present court restrictions as to the Defendants use of the library. To the public, it is being used as proxy for guilt on the part of the Defendant, and being used for political capital against the Defendant.
8) Peaceful assembly on public property is a protected state and federal constitutional right sworn by court officers which includes Judges, and City Attorneys.
10) Court violates Defendant’s free right to use library is protected under MCA 22-1-311. No willful violation of rules, nor any contact by library staff before extra-legal “banning” letter from Director on June 11, 2009. Court restrictions against Defendant’s library use are not needed, and offer no protections to the public, or the staff of the library.
Library District is greater than 25,000 residents in Ravalli County and therefore requires a director with an advanced degree in Library Science; director currently has none and is motive for director to remove privileges outside of scope of MCA 22-1-311 and presents pretext argument of Defendant’s guilt of criminal trespass. Director of library has engaged in cooperation with Board, Hamilton Police to point finger at Defendant and keep job as library director. Library is attempting to make Defendant as guilty party, when library conduct is real issue. The Defendant knows at least two other patrons whose privileges were removed in 2009 without provisions of Montana Code Ann. 22-1-311 as in this case.
Discussion of Entrapment
Defendant received June 11, 2009 letter from library director a day after making appointment to meet with director. Any correspondence would have been expected from library director, including a library policy promised to be attached yet absent from a June 9, 2009 letter from library director. Defendant was expecting a library policy from Director, or confirmation of appointment, not a “banning” letter.
Since Library director acted outside of Montana law with respect to free privileges of library patrons, entrapment is evident in this case. Motive for entrapment is political sabotage. Defendant has faced trial and public scrutiny for actions well within the scope of Montana Law and those protected rights in the First Amendment of the US Constitution of peaceful assembly.
Matter of Law
The Defendant’s library privileges were not removed by the time of the incident on August 20, 2009. Montana Code Ann. 22-1-311 [Use of Library—Privileges] supports this claim. The Defendant never entered the library property knowingly with intent of criminal trespass. The Defendant sent a letter to library, board, and Hamilton Police on July 15, 2009 re-establishing privileges to library with aforementioned Montana Code relating to use (MCA 22-1-311).
Regardless of quantity or origin of false statements, the Montana Code, Constitution, US Constitution, and law enforcement judgment to take no action protect the Defendant for use of public property on August 20, 2009.
The court had responsibility to check for probable cause when the complaint entered the court on September 2, 2009 (MCA 46-11-110). The Defendant questions the courts probable cause in this action, as well as the delays in ruling of Defendants motions. Rule 2.5 of Judicial Standards paragraph A state that a Judge will go about their administrative duties competently and diligently. Comment 4 says to avoid delay. The case was commenced September 2, 2009 and an answer to a motion to dismiss was October 22, 2009. This text is a motion to reconsider.
Being told to do something without jurisdiction is not a crime. The Defendant could put in writing that the Judge must wear white robes while in court, and any violation would violate Defendants “dress code”. The Defendant does not have authority to make such a decree, nor the cooperation of the Hamilton Police, City Attorney, nor Hamilton Municipal Court. Apparently, the Bitterroot Public Library Director, without the proper credentials to act as library director in a large district in Montana (see Montana Administrative Rules (ARM) regarding library function) feels that a pretext argument indicting the Defendant for trespass has political capital; the local press capitulated. Montana Law is clear regarding public property, and use of libraries by patrons. The court has no option but to dismiss this case on basis of no jurisdiction.
Judicial Conduct
Rule 1.1 of Montana Judicial Conduct states that a judge shall comply with the law including the code of conduct. The Defendant asks that further miscarriage of justice end in CR-2009-53. Montana Law does not indicate that the Defendant had library privileges removed, and is supported by Montana and United States Constitution for peaceful assembly. By use of a July 15, 2009 correspondence to library, library board, and Hamilton Police, Defendant gave notice of reinstatement of library privileges. Defendant did not use library privileges until August 20, 2009 by sitting peacefully at a picnic table under a gazebo on the library commons. In other words, the Defendant has never entered the library facility at 306 State St. in Hamilton, MT since the extra-legal request to not enter the property on June 11, 2009 by the library director.
Rule 1.2 speaks of integrity and impartiality. Comment 1 says that public confidence is eroded by improper conduct. This occurred when Defendant appeared on September 9, 2009 and Judge took inappropriate and abusive tone with Defendant. Four (4) witnesses can verify this action by the court. Comment 4 says that a judge must promote access to justice to all. Defendant’s right to justice has been compromised by delayed response to motions, bringing action without probable cause, and prejudicial action of media coverage, and photographs created a danger to fairness or partiality in this case. Judge had option under MCA 46-11-701 to seal hearing from the public to gather probable cause information. Instead, the Defendant was forced to face unnecessary media coverage, answer criminal charges, and potential trial with no law being broken. Further harassment from the court comes from demeaning and “limiting” constitutional right and proper use of library by Defendant which is also covered by Montana Law.
Comment 5 says that an actual impropriety includes violation of law, court rules, or any provision of this judicial code. Since the Judge wishes to ignore Montana Code Ann. 22-1-311 [Use of Library—Privileges] as does the City Attorney (Kenneth S. Bell) who was given them by the Defendant prior to the complaint being filed on September 2, 2009 both hold impropriety. The court violates oath of office to uphold the Montana and US Constitutions. It will be demonstrated that the Hamilton Municipal Court is violating other aspects of the Judicial Standards or Cannons as established by the Montana Supreme Court.
Rule 2.3 refers to bias, prejudice, and harassment. Paragraph A & B give examples of this rule. Comment 1: impairing fairness. The front page picture story, published June 10, 2009 by the Ravalli Republic Newspaper misreported court restrictions of Defendant, and other parameters of the case which would taint the jury in the case months before trial. Comment 2 talks of intimidating, and hostile acts. The Judge did use improper volume to the Defendant at time of summons on September 9, 2009 as mentioned earlier to which the Defendant has witnesses. Use of intimidation was attempted on a June 16, 2009 status hearing: a notice was not sent to the Defendant to continue the hearing. A threat of arrest, loss of driving privileges, and waiver of jury trial forced Defendant appearance. Judge admonished Defendant on June 22, 2009 for “conduct to the court” for bringing up the lapse with the court clerk. This breech is covered by rule 2.13, comment 1, which states that judges cannot direct court personnel to engage in conduct on the Judge’s behalf. By not sending the notice, the clerk may have worked on the Judge’s behalf to harass the Defendant. The Judge also made comment as to the Defendants alma mater with comment that “no gentlemen” come from there. This shows a bias and prejudice.
Rule 2.4 speaks to external influences. The Defendant is a candidate for office of Mayor of City of Hamilton, Montana. Judge did not see conflicts of interest in this case, and maximized media exposure and delays in answering motions before the court. Paragraph A of this rule says judge is not swayed by public clamor. The Judge created and allowed clamor by photograph of Defendant at summons, no reading of rights, demand of plea when none was necessary, and the inappropriate actions stated herein. A Hamilton Police Detective was present as Defendant made motion to the court to dismiss on September 11, 2009; attempting to enrage Defendant and add more charges for improper conduct.
Rule 2.5 was broken via untimely delays of motions due to dismiss, public defender delays harassment, predetermination of ineligibility, unwarranted threats by Public Defenders office, and refusal of application for Public Defender when two qualifying documents were presented in court. All of these actions required time away from the case, which caused unnecessary delays.
Rule 2.7 indicates a Judge’s responsibility to hear and decide matters. The will of the City Attorney and Judge was to tie Defendant up though the latter months of the election. Goal was also to enrage the Defendant as to rights lost. They include, right to speak, assemble, counsel, probable cause of complaint, timeliness of court response, dismissal of case. Court wished to add charges to Defendant such as disorderly conduct. Law Enforcement was present on more than one occasion when Defendant was required to be present in court building specifically to watch Defendant behavior to catch more criminal behavior from ongoing court harassment.
Rule 2.8 speaks to courtesy to litigants. By raising his voice at initial summons on September 9, 2009 the Judge did not extend courtesy. When not notifying the defendant of a continuance from October 16, 2009, the Judge did not show courtesy to the Defendant.
Public confidence is eroded by improper conduct of Judges.
Summary
Defendant is a taxpayer in the City of Hamilton, and County of Ravalli, Montana in the United States. Defendant is also a naturalized citizen of the United States. With this citizenship comes protected civil rights as written in the Amendments to the United States Constitution. As a resident of the State of Montana, the Defendant also has inalienable rights as stated in the Montana Constitution. Of significance is enjoying life, happiness, and liberty in all lawful ways.
The local Judiciary seems to overlook the rights of US citizens and Montana residents within their jurisdictions. Due to oath of office obligations, this constitutes improper conduct.
Montana Code Ann. 22-1-311 [Use of Library—Privileges] states that a library is free to use by those individuals who pay taxes to support the library, and all others who are included by rule of the library. The Defendant belongs to the first class of individuals who support the library by means of city and county taxes. An individual who willfully violates the library rules is subject to loss of library privileges. Under this law, the library director willfully violated the rules of the library and Montana Code by banning the Defendant when no question as to the Defendants behavior arose. The director broke Montana Law by circumventing the library board’s authority in the June 11, 2009 letter to the Defendant as established in MCA 22-1-311 [Use of Library-Privileges].
Since the court has no jurisdiction over library rules, it cannot proceed with charges of trespass when no law has been broken. As an independent judiciary, it has a duty to protect the public when transgressions by law enforcement, library districts, city attorneys, or other parties violate the law (either on their own, or in concert with each other as in this case). An independent judiciary is intended to uphold the law, even when a mountain of presumed behavior is presented to a court. The law is clear: the library is asking the court to try an individual for adhering to library rules, Montana Law, and corresponding responsibilities.
If the Defendant was never asked to leave the library, MCA 22-1-311 cannot be invoked. If the library board never contacted the Defendant, the aforementioned Montana Code is exempt from use by the court. The court is also directed to constitutional protections available to the Defendant, which protect peaceful assembly on public property. The library district and the City of Hamilton right of way at 306 State St. Hamilton, MT is public property.
With the code of conduct issues, and problems with application of justice, disqualification is appropriate for this case. Delays have jeopardized the impartiality of the Judge. A separate motion will address the conflicts of interests that should have been addressed by the court.
The Judge has a responsibility to uphold the law. Every Judge takes an oath of office to do so. The Defendant is protected by the Montana Code with respect to library use as aforementioned. The Defendant may peacefully assemble on public property as a US and MT citizen. The conduct of the court, its employees, and the city attorney is outside the acceptable range of judicial practice as described herein.
To exploit local politics with the intention of degrading the perception of a candidate is appalling. There is no doubt of the courts effectiveness in this area and the Defendant wishes for the court to remember this travesty. Injustice and improper conduct should not bemuse the court.
Charging a citizen with a crime when none existed (and Defendant asked for assistance from the City Attorney from false accusations from the library) is vile.
Within that document, in section 1 of the 14th Amendment:
…No state shall make or enforce any law which shall abridge the privileges or immunities of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The court is violating the Defendants right to liberty, and laws of the United States. It has been stated in this motion that the court has engaged in improper conduct, and it has harmed the Defendant.
No jurisdiction exists in CR-2009-53 due to no willful violation of rules of the library, in fact the library never brought to the attention any behavior or other problem to the Defendant. In due course, the Hamilton Police Department, Hamilton City Attorney, and the Hamilton Municipal Court came to the director’s defense. Due process, and equal justice under the law was denied to the Defendant for political casualty.
Action by the court
The motions to dismiss dated September 11, 21, 30 and October 14, 2009 requested dismissal of this case due to no jurisdiction, aforementioned constitutional rights of defendant. These motions were partially answered on October 22, 2009. The order was not timely.
No crime has been committed as per Montana Code Ann. 22-1-311, and the court has no jurisdiction of library rules.
No law can be enforced which violates a citizens US Constitutional right. The Defendant’s right to assemble contained in the First Amendment to the US Constitution must be upheld as per the Judge’s sworn oath. Therefore, the courts determination that a constitutional right is not a “defense” to criminal action may be partially true, but if no law can be enforced which violates the Defendant’s US constitutional right, criminal trespass cannot be enforced on the Defendant by this court due to absolute jurisdiction of the words within the 14th Amendment of the United States Constitution (see full text on page 9).
The Defendant’s State’s right to assemble, and use of library (Art. II s. 6; MCA 22-1-311) must also be upheld under sworn oath of the court.
Defendant was never asked to leave library by any soul, on or prior to August 20, 2009.
Trespass by Defendant is impossible due to free right, and no willful violation of library rules.
Rule 1.1 of the Montana Code of Judicial Conduct says a judge must comply with the law and the code of conduct.
By complying with the law, the Judge must dismiss this case with prejudice due to no law being broken by the Defendant. The State and Federal Constitution has absolute jurisdiction in this matter, and oath taken by the Hamilton Municipal Judge Michael Reardon.
These constitutional protections are in full force and effect until revoked by the United States and the People of Montana. The Defendant, as a citizen of the State of Montana and United States wishes them to be in effect.
Signed and Dated this 26th day of October, 2009.
Michael E. Spreadbury
Copied to: City Attorney/Defense
US Justice Department/ Federal Bureau of Investigation
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#7
Roy P. Pilkey letter to County
Roy P. Pilkey July 16 2007
49 Bell lane
Hamilton, MT
Ravalli County Attorney George Corn
Ravalli County Commissioners
Dear Mr Corn and Honorable Commissioners of Ravalli County,
I am writing this to you in Due Process procedure as outlined by State Statute and the advisement of the U.S. Marshal as to that procedure.
“We The People”, believe that the City of Hamilton has been grossly negligent in their duties to provide it’s citizens with basic human rights and services; and the fact that we must use the roads through Hamilton in our daily lives; we feel that the Civil Rights granted to us under the Constitution of the United States have been Compromised and are being denied to us.
We believe that the Mayor of Hamilton has no control over the Police or City Attorney, The police are operating a Speed Trap within the city, Just Cause is spelled Just Cuz; Criminal acts other than traffic violations take a back seat or are completely ignored. Kenneth Bell has not been a legal officer of the City, and he has acted as a City Attorney and prosecuted the law without sworn authority to do so. Persons cited by the Hamilton Police either plea bargain and pay, or you are held captive within the system for lengthy periods without Fair Trail. There are 183 cases in limbo at this time. City court only has trials 4 or 5 times a year. The HPD is out of control. The City of Hamilton is considering a Citizens Review of the Police Department. The malfeasance of the City of Hamilton and the HPD continues to run unchecked.
On June 19, 2007 citizens testified to Public Record during a regular meeting of the Hamilton City Council, regarding the Conduct of the Hamilton Police Department. More than 14 witnesses testified either by word or in writing stating that they thought they were being denied their Civil Rights, they were being unreasonably harassed, and that the conduct of the officers was incompetent and biased. All crimes not involving the “Speed Trap” scenario are being ignored and not investigated. Several people asked openly for anonymity and were assured by the Mayor that would be the case. The meeting was attended by both the Chief of Police of Hamilton, and the Ravalli County Sheriff. Most of the testimony was spontaneous.
In the News Release the next day regarding the accusations brought forth, the Mayor declared she had investigated thoroughly, that it was all overly exaggerated by an organized group, there was nothing to it, and that it was an isolated case. The Hamilton Police Chief verified her findings.
The City Council thought there was merit to the complaints and at the next Personnel Committee started action to form a panel to investigate Police Procedure, as had been urged by citizens during the testimony. That proposal may or may not be in action as of this writing.
At that Personnel Committee meeting, it was brought to light that the complaint process in place within the city regarding citizen’s complaints was suspect. When complaints in writing are given to the city they are passed to the Department who you are complaining about. This was to have drastic effects on the people who testified on June 19th.
In almost every instance within days of their testimony, the people who testified on June 19, were further intimidated by new citations, broken windows in their business, and in one instance a man who had asked for anonymity; received word from his attorney that he, the attorney, had been pulled over with lights and siren by an On Duty Hamilton Police officer, who threatened the client and that the attorney was afraid to take the case. The city did not respond to any of the complaints. Other witnesses are implicated and appear in an investigative report to the City Council meant to demean the testimony of the public in regards to the Hamilton Police. The Police Chief has indicated that he thinks he is under the orders of the City Attorney, and the City Attorney verifies that in his memorandum.
We also asked the committee members if they knew which city officers and officials needed to be sworn in, and they admitted that they did not , although, they did acknowledge that they themselves had sworn oaths.
To further clarify our claims, we ask you to read the Memorandum June 27, 2007 issued to the City Council by Kenneth Bell the so called City Attorney of Hamilton. Mr Bell’s Letter was meant to discredit the testimony and reputation of the citizens . We point to the fact that Mr Bell has put in writing clear verification of examples of what they were complaining about, and he openly slanders them. His referral to complaints that were unsigned ; as being brought forth by citizens “with neither the courage nor the integrity to sign them”. This certainly points to a conspiracy between Mr Bell and Hamilton Police to intimidate the testimony of witnesses in future action.
As previously noted the persons asking for anonymity have certainly been red flagged by Bell, and their rights have been compromised. Whereas; Mr Bell is the only one with access to the files to look up the cases described, he has violated his oath as an Attorney. He has also accessed Federal information files without authority to do so, which certainly increases the severity of what we allude is a desperate Cover Up. This information has been used maliciously in the prosecution of his cases, and merits involvement of Federal agencies to investigate these allegations.
We would point out that Mr Bell based his accusations and further investigation of the persons writing the letters; on the hearsay testimony of “several people have stopped by my office to tell me their versions of what was said there about the HPD”. We believe that the Bell Memorandum of June 27, 2007, contains more than enough violations to the Codes of Ethics regarding Attorney conduct to bring forth an investigation of Mr Bell and his dealings with the Hamilton Police Department. It appears Mr Bell is now also acting as a Public Defender.
After reviewing the employment of Mr Bell by the City, we discovered the fact that he had never been Appointed or Sworn up to that time as an Officer of the City of Hamilton. He has worked for the City in some regard since Jan of 2003, but was never appointed or sworn to be the City Attorney until May 20, of this year. As of this writing and to the best of our knowledge he has still not been Sworn in as the City Attorney. This was verified by the City Clerk. ( MCA 7-1-4137) The City Council was made aware that there was a problem with the complaint process, and Mr Bell ‘s fraudulent position within the city, by letter and testimony read into the record on July 3, 2007.
It appears that the City of Hamilton knowingly or unknowingly has compromised our Constitutional Rights. Whereas Bell’s actions shall compromise the ability of not only the City of Hamilton, but the entire Judicial System of the State of Montana clear to the Supreme Court to give a fair hearing to any case that Mr Bell has prosecuted or investigated during that time frame he was not appointed and sworn. All cases past, present and future are going to be possibly compromised because of the City of Hamilton’s Malfeasance. This shall also carry over to the County Sheriff, the County Judicial system, the County Jail, Child Protective Services, Juvenile Court, the Security of the Rocky Mountain Lab, et al, etc. The potential aftermath of this malfeasance can only be perceived as staggering.
We ask that you get an emergency ruling from the Attorney General in regards to the Hamilton City Attorney situation so that further harm is prevented until this can be sorted out,
Further we believe that the Hamilton Police Department must be considered “out of control”; and that the Mayor has lost control over the Police and the City Attorney; and that any action heretofore taken by the HPD be considered an illegal act. We would ask that the County bring in the State to restore order and investigate the depth and spread of this appalling state of affairs.
We believe that the City of Hamilton has been operating a Cash Cow Speed Trap, that they have failed to properly conduct duties related to other crime, and that the City Attorney position has been operated by a person not empowered to do so for over 4 years. These actions have caused grievous harm to citizens and they shall have every right to reapply their civil rights to achieve final justice. The City Council has admitted that there is a problem. The conflict of interest dictates that this must be judged at the County level, and should there be a conflict at this level, we ask that you immediately declare such and formally bring in the Attorney General for disposition.
Therefore, upon receipt of this letter, we ask that the Ravalli County Attorney, and the County Commissioners give this matter your highest priority. We formally submit to you this letter asking for relief of our grievances. We are at your convenience and request a formal publicly announced meeting with you for discussion and advisement.
Most Respectfully Yours,
Roy P. Pilkey
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#8
Response from a Hamilton Police Department Detective: Nic Painter
To Whom it may concern,
I just finished reading the 10 page letter written by a person that obviously has a warped mind. If you’re going to write a letter making such serious allegations, maybe you should at least get your facts straight. I didn’t read a single story that had any validity to it at all. It makes me embarrassed to live in this great valley if there are people as stupid and ignorant as you living here. Keep your opinions to yourself and bitch to your mom if you don’t like the way things are around these parts. Better yet, why don’t you move to California where you can join a liberal anti-law enforcement group and bitch all you want. I am sick and tired of people like you and I hope one of these great Officers brings a law suit against you for defamation of character.
Good luck wherever you end up in your new motorhome… it sounds like a good place for you to reside!
Webmaster note: no officer names are contained in the President letter. The only name contained is George H. Corn for violating the US Constitution. We only found this attachment recently, the officers comments were: "put this on your silly little website." Well, it looks like we did.
SUPERCOP was fired from the HPD and his writing above will live in infamy.
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#9
Standing Our Ground
Published in the Bitterroot Star as "Working to Change Civic Environment" July 15 2009
Dear Editor,
I have worked for two years to improve the civic environment of Ravalli County, which includes the City of Hamilton, and Ravalli County.
Is any resident of this area, supposed to stay silent from the criminal law enforcement activities that we actually read about (which make it into the local press)? Our brave citizens are lambasted as “radicals” in our paper. We are mainstream Americans taking a stand for our state and federal rights. Our constitutions are radical, we are not.
Are we supposed to be happy when our rights are taken? Are we supposed to be happy when downright criminal acts ARE taking place within our law enforcement units? Are we supposed to be happy when our judges in this area can’t even write a correct arrest warrant and should themselves be imprisoned? Are we supposed to be happy when a police officer will admit on the stand that no probable cause was available in his arrest of a citizen? Are we supposed to wait for our government to save us?
What I am doing about it is running for office, and encouraging others to do the same. I am also a member of the local unaffiliated “We the People” movement who have had more actions for change in our area than any other entity in our state.
We have watched our Attorney General office threaten us, attempt entrapment to a coalition group in Lincoln County recalling their Sheriff, and be uninterested in criminal information when presented to them. This describes the ranking of Montana as the 48th in the Nation for Justice (source US Justice Dept. Sept 2007).
Our law enforcement will steal from their own department, and the public due to the property being purchased from public funds. Our law enforcement will “induce suicide” to 5 suspects of the Ravalli County Detention Center in 2005. Some were in the cell block encouraging these acts due to the suspects supposedly having “no chance”. Meanwhile the detention officers we supposedly more interested in computer games than doing their duty rounds. That is the truth as it has been told to us. Our law enforcement will knowingly endanger citizens, I observed it, and brought it to the attention of the Hamilton Police Chief. Luckily, the officer had “his side of the story” to tell. When Hamilton City Councilman Mike LaSalle t-boned a 2006 black Dodge truck at Foxfield Ave and US 93 on September 14, 2007 at 1400 hrs he put someone in the hospital and left the scene of an accident. Hamilton Police Chief Ryan Oster was at the scene, and the accident report was written by Officer Nic Painter who claimed that Lasalle’s vehicle was “moved”. Later a HPD official claimed they LET LaSalle move his Donaldson Ready Mix owned pickup. When local law enforcement wishes to intimidate an employer, an employment agency, and acquire this information when no inappropriate activity is observed, you have Ravalli County Deputies and Hamilton Police Officers.
I am running for mayor due to working with municipalities in many states, being granted a national security clearance for my background and history, and the knowledge that I can supervise the Hamilton Police Department as prescribed by Montana Statutes. I will uphold my oath of office, and carry out the duties of seeing that freedoms given in these constitutional documents will be upheld. That would be protecting your property, the freedom to vote, speak, and enter public buildings without harassment. I will also ensure that public officials, law enforcement or otherwise will serve the public. Any comment about my behavior is opinion, and it was in response to public officials who were either protecting other public officials, or committing outright crime themselves.
I edited and commented on the Recall Petition for Lincoln County Sheriff. That group called the Ravalli Clerk and Recorder and informed that official that rejecting my recall of Sheriff Hoffman and County Attorney Corn was improper. I was the court representative for a presidential candidate for a petition challenge. I know what I am talking about, I am sure many officials in Ravalli County do not.
Perhaps our residents of Ravalli County and the City of Hamilton will not be so upset when they are treated fairly, and their law enforcement actually help the community instead of commit obvious and ongoing crimes. Those disorderly conduct signs in the county courthouses, administration buildings, and such were not put up for my behavior. At this point, I take pride in citizens of this county taking action against local tyranny.
The “We the People” group, which started Bitterroot Rising.org has asked for indictment of public officials who are working together, and committing crime. The Shooks, who have a legal issue in Federal Court against Ravalli County are seeking civil rights redress (or damages). As a former FEMA employee, I understand the mechanics of the floodplain. This issue is how the Shooks were treated by the County Attorney office and the defamation from the Ravalli Republic Newspaper (which I could also be included in that class). I invite your readers to view the original complaint Shook v. Ravalli County to verify this information available at the Federal Courthouse at 201 E. Broadway in Missoula. It is not if you liked the Shooks, or the floodplain, it is the way in which Ravalli County wishes to be in dominion over its residents, instead of working for them.
The bottom line is this: many of us in these difficult times think that the government will save us. The truth of the matter is we must save our government. This means the City of Hamilton, and Ravalli County Government. I have decided that a person of sound character should represent the people. The City of Hamilton will prosper when sound budgets, respectful and lawful law enforcement are serving the people. Many officials are very scared of my candidacy due to the distinct possibility of them losing their jobs, and criminal livelihood that they have come to enjoy as normal.
Every day I run across more victims of the City of Hamilton, and Ravalli County. I know my path is straight and is the right course. Yes, I have quite a bit of courage to stand up to this graft. So did Virginia Bolen, and many others. My good friend from college told me recently: “…if it is worth fighting for, stand your ground…”. My question to the readers of this paper is: are you willing to stand with me and also run for office?
Michael Spreadbury, Candidate for Mayor
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#10
County Going Down Wrong Path
Published on December 31, 2008 www.Bitterrootstar.com
Dear Editor,
This letter is to comment on the Ravalli County Environmental Health Department column on neighborly interactions in the valley. The department did a good job explaining citizen’s rights regarding burning, junk vehicles, and other neighbor issues that are brought up on a regular basis.
Where the column went wrong was stating the county attorney office was responsible for law enforcement. In most states, the county attorney office works to protect the people, and works on their behalf. Things are a bit different here in Ravalli County. In a federal court case filed on December 5, 2008 and mis-reported on December 19, 2008 (yes, a two week delay on a case in Missoula) a former resident of the valley is reporting malicious prosecution by the county attorney office, violation of his right to equal protection under the law, and that the Ravalli Republic Newspaper conspired with County officials to defame him and his family to the point that they lost significant income. This is known as civil rights violations; that which deprive a person of their US constitutional rights. These constitutional issues in Ravalli County are very common.
If this is won in US District Court, the monetary awards can contain punitive damages, or punishment for the damages done to a former Bitterroot resident. My question is: can we afford our County Attorney, George Corn any longer? The damages that might be awarded would come out of our tax paying dollars, not George Corn’s $94,500 annual salary (which we also pay for with a ½ share from the State Attorney General’s office). The court request is for more than a million dollars against Ravalli County. We need to protect our county treasury from inappropriate behavior from our county and local officials, which affect us all.
Philip Zimbardo, the famous Stanford Psychology professor who commenced the experiment which assigned normal college aged males into a guard and prisoner experiment in 1971 found that those in power (in our case, George Corn) will abuse that power if secondary measures are not in place to regulate a behavior. Interesting enough, Zimbardo was also a court “expert witness” for the Abu Graib Prison guards, due to having experience with the breakdown in an environment, and what situational factors are at hand to allow that to happen. The 1971 experiment was halted, and was not analyzed until the last few years, due to the extremely harmful effects on the participants, and Zimbardo.
In Ravalli County, we are sitting smack in that situation. Basic freedoms laid out by our founding fathers are being taken to “win” cases for the county attorney office. Ask any athletic coach: it is not a victory unless you are playing by the rules. We need a new method of working with the public, due to a county government that cannot and will not protect its citizens; either from crime (from neighbors) or upholding their state inalienable rights, or their US Constitutional rights. It is a time for leadership to shine.
If we allow this trend to continue, Ravalli County will be broke, and it will be Mr. Corn’s legacy. While we probably won’t have anyone to throw a shoe at Corn to give him a “…going away present, you dog.” His twenty year legacy will be the broken local justice system which systematically and easily violated civil rights of US residents that live in Ravalli County. This is accomplished by wheel-dealing attorneys, judges, and allowing law enforcement to literally shut off freedom of speech via their hand held communication equipment during regular traffic stops, and law enforcement operations.
The need in this situation is for a plan of action for the county to correct their current path. It starts with protecting residents who make complaints with the Environmental Health Department. No plate of cookies, or Sheriff case number could protect me from the wrath of the county government, or my former neighbor. The last permanent Environmental Health Director (named Theresa) quit her job due to other departments in the county refusing to help her with these complaints. The leading department on her list was the Sheriff (who is the actual law enforcement arm in Ravalli County) and the county attorney office. Let’s consider the re-election chances for Chris Hoffman in 2010, and find qualified candidates for county attorney, sheriff, and county judges. The justice that your family will be dealt may depend on it.
I am glad that the Environmental Health department is taking the steps to educate the public on what their rights are. The real battle is to find an effective government willing to work for the people, instead of harming them via a newspaper, or depriving them of their inalienable rights as US citizens, and Montana taxpayers.
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#11
How Long Can it Go On?
Published on April 8, 2009 in the www.Bitterrootstar.com
Dear Editor,
This letter is to comment on the letter from April 1, 2009 talking about the problems of taking money by our politicians in Washington. We all know that there are problems in Washington, but are your readers knowledgeable about the problems in the Bitterroot Valley? National Politicians are bought out by corporations, like AIG or lobbyists. When a voter calls our representatives in Washington, you will be asked “what organization” you represent. I always say I’m a constituent. We are becoming the minority voice to our representatives, and all of our governments.
Does it really surprise Scott Burlingham that Max Baucus takes money from big business, and forgets our interests? He is a better actor than Mr. Burlingham thinks: he conned us in to voting him into office 6 times. This is business as usual, and what might not be well known in the Bitterroot is that Max’s staff work in very high places. One works two doors down from the Oval Office. Max also has friends in the Bitterroot, like George H. Corn, who relies on Max to keep him out of harms way. This is a big job.
After reading the self published book “Finders Keepers” (I-Universe, 2009) we find that Scott Burlingham is a major player in activities as local law enforcement. Isn’t it funny to see the ‘sootman’ calling the kettle black? Since the wrist watch incident in approximately the year 2000, the prosecutors, law enforcement, and newspapers have all gone downhill. Mrs. Bolen made a sacrifice to attempt to combat the malicious prosecution, prosecutorial misconduct, and equal protection problems that have only gotten worse since her “strange encounter with local law” (the book’s byline).
Mr. Burlingham, and many more dyed in the wool Republicans in the Bitterroot will continue to complain about the Democrats activities; they are no different than Republicans. Is there any difference between Republicans and Democrats when you are talking about accepting money from big business? Nope. This Detective from the Sheriff’s Department is drawing our attention to Max when he and his Department have forgotten how to read, listen, and adhere to their so-called “oaths”, and our rights. Where is their sense of public service to the public, when they have such a disregard for their “defendants”, and “suspects”? If someone like Mrs. Bolen doesn’t comply, the “system” of law enforcement, non-independent judiciary, and prosecutors will destroy them. These parties will alter evidence, obtain criminal conduct warrants when no crime was committed. The oaths and flags only amplify the obligation to the system which provides employment, and supposed protection. The real question is: should Max Baucus be protecting local activities and local politicians with his entrusted power in Washington?
If there is money to be taken from big business, any politician will take it. If there are rights to be violated, Ravalli County will do as they please under color of state and federal law. Probable cause, due process, and equal protection have been shown in a court of law to have been violated by Mr. Burlingham. Now, these national rights are on trial in Missoula in the Montana US District Court as Ravalli County is sued by former county residents. The real question is: how long is this system under the guise and direction of George H. Corn that is being protected by Max going to be protected by the White House, the local “system”, and the media?
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#12
Emergency Declaration Request--State of Montana
Note: Ms. Brodsky refuses to respond to this request. The Executive of the State of Montana thinks you don't read the internet. We encourage Ms. Brodsky to Google "Montana Justice Info" and see what happens. Our site is ranked #2 there.
note: on homepage of www.Bitterroot-rising.org Presidential "declaration"
Ms. Ann Brodsky February 12, 2009
Chief Legal Counsel
Montana Governor Schweitzer
PO Box 200801
Helena, MT 59620-0801
Fax 406-444-5529
Dear Ms. Brodsky
This letter is to follow up to our voice mail message sent this afternoon regarding justice in the state of Montana. You had mentioned in your December 10, 2008 letter to us that a “task force on justice” was not possible given the legal framework of the state. I will trust that is the case, given your position.
Since systematic problems have been uncovered in the state with respect to justice, this correspondence is asking for an Emergency Declaration by the Governor with respect to justice. The following is the reasons for this request:
1. The Bar Association protected unethical behaviors of attorneys involved in criminal conspiracy, and constitutional crimes with respect to the State of Montana constitution and the US Constitution.
2. The Judicial Commission protected several judges who acted in concert to #1, and also issued a false criminal arrest warrant.
3. The Highway Patrol engaged in criminal scheme in at least two counties with respect to accident misrepresentation and charging crimes against innocent Montanans. Secondly, they did not issue a score to the national police officer test administered on November 15, 2008. Thirdly, refused to investigate a hit and run accident in Hamilton on September 14, 2007 involving a city councilman.
4. The Attorney General Office has refused to investigate a county attorney from Ravalli County, and the current AG did make verbal threats in 2007 to take employment with FEMA, and threatened residence for merely questioning a county attorney’s action.
5. The judiciary within Ravalli County and within the state is not independent.
6. The law enforcement in Ravalli County abuses rights of citizens daily.
7. The former AG Mike McGrath failed to take action when written request to do so about justice when material dated 9/18/06 was sent to his office. He is now Chief Justice of the Supreme Court. These cases can take up to five years to litigate.
8. Governor Schweitzer was sent this same information and took no action toward justice in Montana.
9)(online add) If 11 unsolved rape cases are in limbo in Lincoln County, Montana and Sheriff Deputies are suspected in these acts, what will the state do to correct this?
10) (online add) When an Attorney General office in Helena is called to report suspected law enforcement rape (see #9) and are hung up on, it is not clear that an Emergency for Justice exists in the State of Montana, Governor Schweitzer?
If the Bar Association, Judicial Commission, Courts, and Attorneys are compromised in Montana, this indicates an emergency situation. The US Justice Dept. recognizes this fact, and sent Chief Justice Roberts, and Justice Scalia to ask that lawyers uphold the constitution and have strict responsibility when they spoke in Missoula in the last year.
Please take this request very seriously. Thank you for your attention to this matter.
We the People
cc: white house fax, FBI SLC office via email
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#13
A Letter to the Montana DCI (Division of Criminal Investigation)
Note: a letter sent to Lee Enterprises throughout the state, apparently they refuse to print.
The Montana Justice system is ranked 48th in the Nation by the US Justice Dept. and announced in September 2007 on NPR. Larry, the head of Division of Criminal Investigation does not care: “Nothing we are doing that is contrary to the MT or US Constitution.” The paycheck is too fat to let him see the truth.
George, from Hamilton had his shotgun seized without warrant with law enforcement outside their jurisdiction; this is in the 4th amendment of that US Constitution. Mike, had his petitions locally and state-wide denied, in the 1st amendment of the US Constitution. Jay, had his 14th amendment and Article II deprived for equal protection, as did others.
Tony, a retired police officer had a presidential order denied on a weapon carry permit that is only denied in Montana: where a county attorney can violate people’s rights and be protected by Bullock’s system. Keep doing nothing Larry.
Steve Bullock, refuses to be a public official accountable to anyone. Maybe our MHP should give test scores, and stop committing crimes on duty. Justice brings prosperity, and the Montana could use a boost up. The state of disrepair in the justice system can be viewed at www.MTjustice.info.
In Lincoln County, Montana, 11 rapes are not solved, law enforcement are suspected in the acts. Is this why the state Attorney General and Lee Enterprises would not publish this letter?
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#14
Webmaster note: The Law School is seeking a tenure track professor on professional responsibiity. The pay is about $75,000. If you know someone that can fit the bill, please contact the Dean at the University of Montana: www.umt.edu
Ms. Irma Russell August 28, 2009
Dean, University of Montana Law School
Missoula MT 59812
SENT VIA ELECTRONIC MAIL AND FAX
Dear Dean Russell,
I attempted to meet with you on two occasions which were both canceled. In September, 2007 former Dean Eck and I met a week following the visit of Chief Justice Roberts.
The Chief Justice spoke to the law school about the responsibility of attorneys and compared it to wildfire suppression: in its intensity, its responsibilities, and the need to have a strategy that sometimes is unique. Is this the message that your graduates will receive after completing the program for a Juris Doctorate from your school?
Two years ago, a second-year law student prosecuted a case in Ravalli County without supervision, and without a Montana Bar License. For her work, she earned a spot as a prosecutor in that office. A recent graduate from University of Montana who used to have a full page color advertising tab in the Missoula phonebook sold his clients civil rights down the river (in Ravalli County) for $5,000. His client had to turn themselves in for failure to appear for misdemeanor charges when a different University of Montana lawyer represented this client. Law enforcement appeared at the clients house at 3:30am to arrest this client for something that was not a crime.
What would your graduates do in these situations?
A State Judge and prosecutor made a statement to a defense attorney in Ravalli County: “If you defend this client in this case, you will never practice law again in Ravalli County.” How will you instruct your students to turn in these court officers?
When Montana is ranked 48th in the nation for justice, these practices will continue until your efforts to improve ethics classes, demand better from the Bar and Judicial commissions, and produce higher quality students from your School.
It is troubling that you could not meet with a member of the public to discuss these issues. What could have been private discourse, is now being published to a world wide audience. You have a heavy task in front of you, and I wish you every success in accomplishing justice for our state. This task will take many years, but its inception mush start now, with you. Let me know if I can be of any assistance.
Sincerely,
Michael Spreadbury
We The People of MontanaWe The People of Montana
---------------------------------
Students are practicing law unsupervised outside the Montana Practice Act. This is a criminal offense:
Dear Dean Russell,
University of Montana Law School
Missoula, Montana
I present to you a 2009 graduate from the University of Montana Law school. She graduated as you were (becoming) Dean. When the Montana Student Practice Act (not rule) of 1975 was drafted the purpose as written is clinical instruction.
Clinical means while being observed. Is there such as thing as a "student prosecutor" who acts "independently"? When I read order# 12982 (aforementioned Act) from the Montana Supreme Court, it tells me they need signature from supervisory attorney to submit paperwork, yet Audrey Schultz acted independently; see for yourself at bottom.
Under MCA 3-1-501 (f) practice without a license is contempt. Under MCA 37-61-210 the penalty for practice without a license is contempt. Criminal contempt to punish a past behavior: MCA 45-7-309: Person knowingly commits the offense of criminal contempt when the person knowingly engages in any of the following: (c) purposely disobeying or refusing any lawful process or other mandate of the court [order #12982].
Is there any way to stop the practice of "independent" student prosecutors other than following the Act by having a supervisor present? I would like to hear from the law school.
A friend and graduate of Georgetown Law tells me that student experience is invaluable. I don't doubt this. However, things have gotten a bit out of hand:
Audrey's Linkedin account available online:
Current
Lawyer at Office of the State Public Defender (Billings)
Past
Law Clerk at Senate Finance Committee
Student Prosecutor at Missoula County Attorney (see below for details)
Clinical Intern at Montana Legal Services
Summer Associate at Crowley Law Firm
VISTA at Americorps
Education
The University of Montana School of Law
Carleton College
Connections
96 connections
Industry
Law Practice
--------------------------------------------------------------------------------
Audrey Schultz’s Experience
Lawyer
Office of the State Public Defender
(Law Practice industry)
March 2010 — Present (5 months)
Law Clerk
Senate Finance Committee
(Legislative Office industry)
August 2009 — December 2009 (5 months)
Student Prosecutor
Missoula County Attorney
(Law Practice industry)
May 2008 — May 2009 (1 year 1 month) [this looks like a job to us, Practice says 12 mo. tops
Independently* prosecuted defendants in both Justice and District Court under the Montana Student Practice Rule, including several jury trials and numerous bench trials. Negotiated plea agreements with defense attorneys; counseled victims; drafted responses, briefs, motions, and documents for the Court.
*independent means without supervision (is contempt of court). This "experience" says nothing about getting signature, guideance from supervisory atty.
Dean Russell, can I get confirmation in writing that this practice has stopped?
Thank you.
--------------------------------
20 Year Problem:
University of Montana Law School
Dear Dean Russell,
reqeusted a meeting at the law school with admistrative offices.
found Shapiro v. Jefferson Co. 278 Mont. 109 (1996) which highlights 20 years of Student practice problems in Montana.
Former Chief Justice Gray (female) was a champion of justice, and is sorely missed. Please read her dissent. I attempted to copy portions of it:
I wonder what we are to do at this point, given the Court's decision in this case, with all those students operating under the Student Practice Rule. Even under the Court's incorrect result, no guidance is provided regarding how much "practice" under the Student Practice Rule is sufficient to automatically admit the student to the practice of law. Is involvement in one case, under the supervision of an attorney [my emphasis] admitted to practice, enough? And, if the student is admitted to the practice of law by virtue of the Student Practice Rule, why is it necessary that he or she be supervised at all? [Wetzsteon, 2007]
550*550 In any event, since the Court holds that these students are already admitted to the practice of law, apparently we must ensure that they are issued a license and enrolled in the State Bar of Montana, which is — by order of this Court — comprised of "all persons admitted to the practice of law in this state." See No. 12616, Supreme Court Order Creating The State Bar of Montana, dated January 29, 1974. I am confident that the students will be pleased to avoid the necessity of the otherwise upcoming and onerous bar examination upon their graduation from the University of Montana School of Law. I am equally confident that the number of students seeking to take clinical courses and provide other assistance to attorneys admitted to the practice of law will increase exponentially. Indeed, the State Bar of Montana may be glad to collect the obligatory dues from these heretofore unknown admittees to the practice of law.
Justice Gray, partial dissent from Shapiro v. Jefferson Co. 278 Mont. 109 (1996);
In Shapiro, Julie Wilson, candidate for fill-in Jefferson County Attorney asked for, and recieved credit for "student practice" as admitted to the practice of law, in 1990 at the Missoula County Attorney Office; strange! where Audrey Shultz '09 recieved credit as an 'independent' student prosecutor and is now a State Defender (Billings) in violation of MCA 37-61-412 (Former public prosecutors not to defend).
"Teach, your children well" --Crosby Stills and Nash
I hope to meet, and discuss strategy to abolish this illegal and unethical practice in MT.
Michael Spreadbury
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#15
Floodplain Fiasco
Published in December 2008 in www.Bitterrootstar.com
Fox Property in center right photo
Dear Editor,
I wanted to talk about the building in the Floodplains of the Bitterroot River in Ravalli County. Prior to our general election this month, a reader described how our access to flood insurance would be repealed with the growth policy. As correct as this contributor was regarding flood insurance, floodplains, and the benefits we receive as a member community, the protections are still in tact due to having a state, county, and most likely a city mitigation plan. A mitigation plan protects the designated floodplain from building, so when regular flood events occur, loss of property and life is reduced.
A problem we are facing in Ravalli County is that city and county environmental health departments are issuing permits to whoever comes in the door with money. The arguments these landowners have is that they have the right to build due to having permits. This is clearly showing the problems we all know are occurring within our local government units.
Mr. Roback of the West Fork, and Mr. Fox on the main branch of the Bitterroot River both own properties which would be classified as being in the floodplain. Here is why: if any portion of a property lies below the established floodplain elevation, the entire property is considered in the floodplain for insurance purposes. Building is allowed on a property as long as it is above what is known as the base flood elevation or BFE. I know this due to being a former officer in the Mitigation Division for FEMA, who administers the National Floodplain Insurance Program (NFIP). Floodplain Maps can be found online; they include base elevations, or elevations of the water within the floodplain. Any enclosed floor in Ravalli County needs to be 2 feet above this base elevation; they can be found at www.mapcenter.fema.gov. There are maps for Ravalli County, or anywhere else in the US at that site.
In an article about Roback, whose case is currently in District (or state) court in Hamilton, the article describes our County Attorney, George Corn as the hero to this situation; he is not. It was the tens of residents who brought this information to the county floodplain administrator for review. The article further quoted Angela Wetzstone, also of the RCAO, who graduated from UM Law last year as an expert on floodplain issues; again, she is not. The county attorney office is a facilitator for the public, and the laws are national, created in US congress in the mid sixties.
The real message is this: where the city and county governments fail, the floodplain personnel, county, state, and federal are doing their jobs well. The city had no business issuing permits to Mr. Fox whose property sits adjacent to the West Main St. Bridge on the south side. Regardless of the outcome of the district court case, or the findings (to be determined) for Mr. Fox and Mr. Roback, these landowners unknowingly have put our community in danger of losing our status as a protected community for flood events, and protective flood insurance.
FEMA is an emergency financing entity that provides very basic, and as most flood victims attest: non-sufficient repair monies at times of disaster. Without flood insurance, the majority of repairs are on the owner. The US SBA (Small Business Administration) offers low interest loans to disaster victims, so being a member community with an approved mitigation plan to provide flood insurance and disaster assistance is critical. After working several flood disasters, and seeing the bottom line of the federal and state share of the expenses, neither Mr. Fox nor Mr. Roback could come up with this sum for their decisions to build in a floodplain. These decisions which some are confusing as "property rights" would exclude us as a member community by building in a designated 100 yr. floodplain (or Zone A or AE). While I believe in property rights, I also believe in a community's choice to have an approved mitigation plan (which protects the 100 yr. floodplain from building) and thereby gain federal protections to property and life via flood insurance and disaster assistance.
After seeing a photograph of the Roback property, and observing the Fox construction, these buildings will eventually be underwater, no matter what type of external mitigation, if any is erected. Water finds its bottom, and the return interval in 2005 estimates for a 100 yr. event is now 27 years. Since our last major event was reportedly in the 1970’s (when the Bitterroot River topped West Main St.) we are due for historic flooding within 5 years, or at the outset 25 years. Within one generation, Mr. Roback’s house, and Mr. Fox’s construction project at riverbank level are both within 100 yards of the natural channel will be inundated. The next question is: what will be the impact of the septic, and the structure itself when it will be destroyed? Let’s hope Mr. Fox and Mr. Roback will consider demolishing their projects for the betterment of the community. As an example, the only allowed structure in a floodplain is a non-residential pavilion, or a hay barn type structure with no septic capabilities.
Unfortunately, these forays into the floodplain are examples of a county government who has problems communicating between departments. We lack the leadership of a county commission who refuse to hire a county planning director since June of this year. We have a county attorney who wishes to get the positive spin of helping the community, when in fact he has hurt it, and developed its reputation in the state that we now are labeled with. The real heroes are the state flood administrator, who has opened up investigations into these building situations, and once again, a county flood administrator, a true professional we are lucky to have working for us in Ravalli County.
We all love the river, and enjoy playing on it. If you have a million dollars to build a home on the river, hire a competent engineer or geologist to give you good advice on safe and legal building sites on your property. The days should be gone where money and property rights will get you what you want. Less land is available for building, lets not jeopardize our protections like flood insurance and disaster relief to our community because we have wealthy individuals who have no idea what they are jeopardizing by building their dream homes within the floodplain. This is a community education issue, not a judicial one, or an individual one.
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#16
County Attorney Must Be Removed From Office
Published Nov or Dec 2008 in the Missoula Newspaper www.Missoulian.com
Dear Editor,
RE: Ravalli County Attorney
Recently, Montanans went to the polls to vote for local, state, and federal election choices. In Ravalli County, taxpayers living in “incorporated” or metropolitan areas such as Stevensville, Hamilton, and Darby were not allowed to vote on the controversial “growth policy” initiative. This amounts to approximately 15,000 disenfranchised voters. Our Supreme Court should throw out any law that disallows a taxpaying citizen to vote on an issue pertinent to their county. The initiative and petition process is difficult enough, restricting it with law is burdensome government.
The sole person responsible our local voter exclusion was George H. Corn, the Ravalli County Attorney holding office since January 1991. Of note, Mr. Corn’s salary is $94,500 for 2008; that is pretty heady income for this area. The Montana Attorney General office gives no regulation to Mr. Corn; we have seen how no-regulation worked in our financial markets. In the defense of the voting decision, Corn used laws and legal language which included the infamous “qualified electors” to EXCLUDE voters. This phrase is used to include voters in election law in every state within the Union.
Since we are all done voting, I suggest that Ravalli County voters simply vote Mr. Corn off the island for now. The grounds are taxation without representation, the founding grievance for creating our nation. In November of 2010, all qualified electors (voters) of Ravalli County will have an opportunity to vote Corn out—if he is up for re-election for the fifth time.
We have no monarchical influence on the North American continent since 1776. In Ravalli County, King George can use the law to take voting rights from residents without answering to anyone. The qualified voters of Ravalli County can remove him in 2010: public officials must answer to the people of Montana.
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#17
Letter to Ravalli County Sheriff
Aug 9, 2007
Roy P. Pilkey
49 Bell Lane
Hamilton, Mt 59840
Ravalli County Sheriff Chris Hoffman
205 Bedford, Ste G
Hamilton, Mt 59840
Dear Sheriff Hoffman,
I am writing in regards to a message I left on your phone yesterday as I know that you are very busy with the Fire Situation. I would ask of your urgent interest in the following regards.
I was one of the people who testified at the June 19, 2007 Hamilton City Council meeting in regards to concerns of the Hamilton Police dept, and I believe you might have been in attendance at that meeting.
Many of the complaints were past and present concerns of different citizens. My concern was an opinion and I did not have a complaint at that time.
Since, the mayor of Hamilton has squashed any hope of the city council proceeding with an investigation of our complaints. Concerned people have since formed a citizens group to find an avenue to complain and be heard by various government agencies since the city had no safe complaint process. ("We the People")
Most of the people who spoke at that meeting believe that they have been targeted, further harassed, and are being watched by the HPD either directly or covertly. This is backed up by a memo sent to the city council from the City Attorney clearly pointing out that the persons testifying have been listed and further investigated. Letters are currently being sent to the Montana Law Enforcement Academy, and the Montana Bar Assn in regards to these allegations. We have a letter on file with the County attorney and the County Commissioners in regard to our fears and our urgent need for some kind of relief from this out of control situation..
Since I did not have a complaint directly against the HPD, I was working as a concerned citizen to try and make things better. One of the Plaintiffs lives in Victor, and he alleged to me that an HPD patrol car had driven on to his property at around 10:30 pm, drove up the entire length of his driveway and had then exited without making any contact with the occupant. Since he was deeply embroiled with a very serious case regarding the procedures of his wife’s case, and that his Attorney had been pulled over by the HPD and that the Attorney had forced a Per Se plea in the case and then had dropped them as clients, he believed the patrol car being on his property was entirely out of line. He advised me that he had contacted your office regarding the complaint.
I spoke again at the City Council meeting two days ago, 8/7/07, and after the meeting came home at about 10:00 pm. When I was about to go to bed, I let my dog out into my yard at about 10:40/ After several minutes she began barking and I immediately opened the front door to see what she was barking at.
I could see a large sedan parked just beyond my privacy fence with its lights on and engine running. It sat there for approx 1 minute, and then proceeded east slowly, stopping at the first residence on the north side of the road past my house. A spotlight was then used to light up that area and the sedan then pulled into their drive way. The car then backed up onto bell lane and came back past my house. The car was a Marked Hamilton police car. I was standing in the front of my driveway as he drove past my house.
I then called 911 and asked the dispatcher if there was any reason that an HPD car would be operating in the County and she said no, there was nothing going on there. I asked her to note my call, and she said she would do that. I now believe I have a complaint against the City of Hamilton.
I called your office and left a message on your phone mail, I know that you are busy. I also called and left a message on Chief Oster’s phone, I have not received a reply.
I believe that the HPD, or one or more of it’s officers is out of control and unless something is done this is going to lead to very serious consequences. Someone is running a fear campaign to try and keep our complaints from being heard and have the HPD investigated.
I would ask you to investigate this and give me assurance that I would be safe in the county from these rogue officers. What are the boundaries of the HPD jurisdiction?? They appear to run any where they want to go in the county and write citations well out of the city limits on a very regular basis.
In regards to our citizens group, can we direct people to you for review of our complaints as you are the top ranking law officer in the county? What are your powers in this regard?
I know that this is a complicated matter, but I do not take lightly Hamilton Police following me to my home in the county to intimidate me.
Please give this matter your most urgent concern, as there are many other citizen’s with this same problem.
Most Sincerely,
Roy P. Pilkey
CC: County Attny George Corn.
Ravalli County Commissioners
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#18
Letter to Hamilton City Council
Hamilton City Council December 18, 2007
Mayor
City Councilmen and women
Letter to City Council:
I begin my talk with a public Holiday Greetings.
My public talk this evening covered primarily the current practices of the Hamilton Police Department (HPD). Six months ago, I approached the City Council with a request for an independent investigation of the HPD practices. This was approximately June 18, 2007. At that time there were questionable practices going on which merited an independent investigation. The city council decided to not pursue this route.
Although citizens elect representatives to fill municipal positions in the City of Hamilton, this does not mean each representative can decide on a course of action of their own will. This comes with any definition of being a public servant. The citizens have obtained an independent investigation: it would have been prudent on the part to the council to heed the people’s wishes. Please see the attached Article II Section I-IV to the Montana Constitution.
The city of Hamilton needs to take a number one priority to seeking Incorporation for the City of Hamilton. To have a police force is illegal, as well as public employees including yourselves. Many eyes are on this municipality, and any illegal behavior will be rewarded with appropriate incarceration. Examples of this include:
Paying taxes to a municipality that does not exist
Allowing building within, and altering a floodplain.
Allowing criminal behavior by municipal employees.
Allowing the city assets to be for sale to benefit few instead of all.
I hope that the city of Hamilton will take the high ground, and take steps necessary to legitimize the city and incorporate. Hiding behind the status quo will not work in 2008 and beyond. Many thanks are given to the outgoing councilmen, and the citizenry encourages them to be more effective as active members of our community rather than having their hands tied in municipal red tape.
Due to the severity of the problems within the HPD, at this time, the group of citizens who spoke tonight wish for all officers of HPD to be put on paid administrative leave for the remainder of their contracts, then liquidate the assets of the HPD. No benefit to the community can be seen by harassment, unsafe practices, and intimidation. The effectiveness of the HPD is also seen in the unsuccessful investigation of a simple theft which had a witness. If the HPD is doing no good, it is time to allow competent law enforcement (State Patrol, Sheriff Deputies) assume the balance of their duties.
Thank you,
A member of "We the People"
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#19
Supporters of Abuse Free Environments (SAFE) March 9, 2009
Ms. Stacy Umhey, Director
150 Morning Star Way
Hamilton, MT 59840-3604
Dear Director Umhey,
My records indicate that I telephoned your office on March 2, 2009. At that time, I left a voice mail message regarding the inappropriate use of your organization for the gain of the Ravalli County Attorney Office (RCAO).
This alleged abuse of your services occurred in October, 2006. A Denise Linell of 289 Cooper Ln. Hamilton MT 59840 wrote to me by way of the County Attorney office. An attorney I retained responded to the letter from Ms. Linell. The County Attorney office misused your organization to attempt to make Ms. Linell the victim of an assault. Ms. Linell was the aggressor in this situation, was intoxicated, said inappropriate words to law enforcement, and was in-process of endangering my house, and life via combustibles that in the opinion of the deputy state fire marshal was “clearly in violation” of state codes. This is obviously not the intention of your organization, to protect criminals.
This letter is in kind, Ms. Umhey, and your organization is in no risk of legal liability. I fully understand that there is a great need for protecting women and men from violence, and your organization is a vital asset to the community.
With that said, I am requesting that your officers independently access the validity of the requests that come from the County Attorney office. While cases like mine must be rare, I would hope that you would see to it that there will be no more victims made more of a victim by your organization.
These issues have been sent to the US Justice Department for review and correction. I did not mention nor go after your federal funding. My mentioning of this fact, is only a coincidence and may or may not have been the reason for the loss of federal funding by your organization. None of my actions have been malicious towards SAFE.
I would feel better about supporting SAFE if you respond in kind to this letter. I did meet an employee named Tina a few years ago when I attended a function. I have not returned due to this incident which is clearly the manipulation of the County Attorney office.
Please keep up the good work, and be aware of the circumstance I attest to in this letter.
( no response from SAFE)
Note to SAFE: you can thank the Ravalli County Attorney office for giving no choice but taking action against your organization.
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#20
Barbara C. Harris January 8, 2009
Assistant Attorney General
State of Montana
PO Box 201401
Helena, MT 59620
Dear Ms. Harris,
Thank you for your letter of December 29, 2008 and also dated January 6, 2009.
I am including my two written correspondences to you that I sent electronically. You had asked me, as did Ms. Thornton to put in writing my allegations against Ravalli County Attorney George H. Corn. I am taking the liberty of sending them by fax, since this method allows a confirmation number, time, and date.
Please look closely at the blind copy recipient: it is the regional office of the FBI in Salt Lake City, Utah. They received the same information, at the same time as you did. Apparently, you feel that I never “wrote” to you, or your offices.
Secondly, I called your extension and left a voice mail message on one occasion. In your dual date letter, it states: “…we consistently and continually attempted to assist you.” I sent a letter to both Attorney General McGrath and Governor Schweitzer on September 18, 2006 from a hotel just off the airstrip (A Marriott Residence Inn) in Albany, NY. I am enclosing this correspondence to ask: what is the use of contacting anyone within the Montana Justice System?
I would love to send you the letters from the Bar Association, and the Judicial Commission as well to show you the systemic problem of justice in Montana. As for threats, I would like to ask how your Attorney General has the right to threaten a federal employee for any reason, especially to protect a county attorney?
There was a flier, a recall petition, and a letter attached to my electronic correspondence of November 21, 2008, and just text on December 9, 2008. I am further taking the liberty of sending a published letter from the end of December 2008 in our weekly paper, The Bitterroot Star; it uncovers what I have been trying to tell your office for years.
Ms. Harris, what are you going to do if they come for you, Steve, Mike, and Brian? I have bigger fish to fry, but keep hiding behind your letterhead, law, and keep forgetting that you serve the public of Montana.
Sincerely,
We the People of Montana
4 enclosures; all sent via fax on this date.
(we have tried for two years to file a written complaint with the MT AG office about our County Attorney, George H. Corn. The officials at the AG would rather theaten us.)
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#21
ITS TIME TO RISE UP, BITTERROOT!
Published Jan 21 2009 in www.Bitterrootstar.com
Dear Editor,
This letter is a look back at the local “We the People” group that has ended up changing our area for the better. While this letter will miss the Martin Luther King Jr. holiday, it is important to emphasize civil rights, no matter what color American you are. When substituting in Hamilton High School, I tried to emphasize rights to a group of students. They thought I was referring to the well known mantra of “fight for your right to party” made known from the Beastie Boys in the mid nineties.
The “We the People” group got together when police abuses and local governments refused to look into Denny MacEntyre’s incident at the Corner Bar. We asked for independent investigation into an assault which ended up with Denny’s obtaining 57 stitches in his head. We found out very quickly after we exchanged notes and experiences that we had a serious problem on our hands.
If parents and families would discuss and engrain our national values into their loved ones, more would have known there were serious problems with civil rights in this area. Our duties as Americans are to uphold these rights, as our founders wanted. They preached self reliance, the importance of being vigilant, and being strong individuals. This letter is to recognize those strong individuals; we all had a talent: mine happened to be the communications, or letter writing.
The Bitterroot Star should be commended for its willingness to take a risk and publish some of our letters pointing out these issues. It truly is your paper, paid for and published in this valley. It deserves your support, and your contributions.
From here, there are many things we can do as Bitterroot Valley residents to make our area prosper, even in these questionable times. One is to start a sound business that you have dreamed about, and now have the opportunity due to layoff, or other situation. Many prime commercial spots in our valley are available for rent, and would make a fine start-up location. A fine example of the type of store that can shape our valley is Antara Sports of Hamilton. Anrtara started this store after becoming interested in fitness and triathlons. She left her secure bank job, and started her business up. You can do the same if you have some determination, good financial planning, and perseverance.
The second way to obtain work for yourself is through running for office. In less than two years, we will need a new Sheriff, County Attorney, County or Justice Court Judges, and others. Now is the time to organize, and be great for the Bitterroot Valley. Consider running as an independent, with your successful petition signatures, your candidacy is guaranteed to be on the ballot by bypassing the primaries. At times, the two party system does not account for your opinion, or narrows your opinion to a point where independence is a viable option. It is strongly recommended.
I am handing off an interactive website to a colleague: its mission is to bring together residents, allow them to have an interactive dialogue about issues, and share information. This is long overdue for the Bitterroot since we are nearly a decade into the 21st century. The site is up, but not fully functional due to being under construction. The name is www.Bitterroot-Rising.org. It has an email address for those contributors who wish to contribute. It is time for our area to rise, after being held back for at least 20 years. Exercise your freedom of speech in a helpful way on that site when it is fully functional.
The US Constitution preamble contains phrases such as ensuring justice, and domestic tranquility. The “We the People” group worked hard for your constitutional rights to be yours in the Bitterroot Valley of Montana. How will you and your families honor that commitment? It is time to rise, Bitterroot.
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#22
County incompetence continues
Guest Editorial published July 23, 2008 www.Bitterrootstar.com
What more should we expect from the county government? Apparently three applicants for Planning Director constituted none and an interim director was appointed. The Planning Department has three priorities: land use, subdivision review, and protection of health and safety of county residents with respect to land use. Land use complaints are not isolated or infrequent in Ravalli County. If our county government cannot or refuses to protect its people, then what good is that government? What does a planner candidate know about how to protect health and safety of county residents if they think their sole job is to review subdivision projects? Ravalli County needs a planning director who will collaborate with other departments, and protect county residents as per their department mission statement.
A planning director needs to advocate for the county residents who pay for the government, then focus on subdivision review, then try to present zoning in a way that would not adversely affect any stake-holding group. Once that was achieved (prior to Draft Z) our county can move forward on land use issues instead of being budget constrained by subdivision review taking the local focus out of the Ravalli County Planning Department.
Nothing amazes me about our county government anymore. They have a huge accountability problem and don't even know it. Within this letter, I will demonstrate how Ravalli County refuses to protect its taxpayers, and keeps an outward appearance that they can pull off zoning without an enforcement history in land use! Not until it has basic safety and health protections on land use covered first. What officer of this county government will enforce land use or zoning provisions if there are none currently?
A contingency or back up plan needs to be in place regarding land use in Ravalli County before zoning can be put in place. There is a clear right and wrong when a resident is endangered. Unfortunately, the current Sheriff and County Attorney see things politically instead of practically. When a state fire official informs the county that 1000 wood pallets stacked within a foot of a residence and within inches of the roof joists are violating state fire code, neither official enforces/cites/prosecutes with respect to the land use issue. It gets better, 10 neighbors signed a community nuisance (a county ordinance which is not enforced) petition. The Sheriff's office went out of its way to say it would not take action. Even with an active sheriff’s department case against the neighbor, still no action by the county. Theresa, the third last Environmental Health Director in three years, quit her job due to no interdepartmental assistance in Ravalli County with respect to Land Use (which included the current Sheriff’s Department).
Is it not clear that the safety of Ravalli County residents with respect to land use is more important than implementing a non-countywide zoning (without enforcement)? We first learned our ABC's, then spoke the language. The county is trying to get a masters degree in language (zoning) without knowing the basics. There needs to be communication among department heads from law enforcement, planning, environmental health, and the commissioners to coordinate response. Part of the planning department's mission statement and priority is to protect county residents regarding land use issues. A planner is ill-equipped to protect residents from land use disputes or protect county residents in general. It is time the Planning Department works for county residents instead of development companies who may not even live in the valley.
While I respect the Community Planning Committee (CPC) groups who have worked hard on bringing zoning to life, the reality is that the county is not even providing basic safeguards, NOT due to county "budget" problems, but rather due to the countywide politics problem. Zoning is pie in the sky, and premature if land use enforcement is not in place. This reality has not hit home to our commissioners, until residents of this county call upon the dissolution of the county government: due to taking undemocratic and costly actions with respect to zoning, hiring practices, interference and manipulation with media outlets, use of county employees outside their department mission statement, and general protection of county residents.
Tell the “tractor commander” at the Houston Space Center south of Victor on US 93 that the county no longer will tolerate land use disputes. Perhaps then his neighbor would not have been permanently and seriously disabled. The drainage ditch used as a surface wastewater-slurry and a flammable liquid conduit should never be acceptable as appropriate land use in Ravalli County. The landowner in this case has pleaded to our county government for over 5 years for help. How would the planning director solve this problem?
The solution in years past has been to criminally charge the complaining party in an effort to silence the situation. Karen Hughes (former Planning Director) went ahead and published home addresses on the County Planning Department’s website of complaint holders. As soon as we elect a competent Sheriff these enforcement problems should cease. It also helps to have a County Attorney who can work alongside a planning director, and will listen to county department heads who request prosecution of land use issues. When a publisher of a newspaper does not discipline or remove reporters who do not check the validity of their stories, the county commissioners are free to exploit their own agenda (like appointing an Interim Planning Director) without anyone catching their game. Ironically, the reason this publisher has her job is due to her predecessor being in the county’s pocket.
The County needs to hire the best candidate for planning director that can be an administrator, put a high priority on the protection of county residents, fairly and appropriately evaluate subdivision proposals, and develop land use plans for the county so it is ready to accept future zoning implementation. The rocket scientists will not be applying for Planning Director and can’t help Ravalli County with land use issues. It is up to the new director to uphold the department’s mission statement, which includes protecting county residents, something the former director failed miserably at.
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#23
Saving Justice
Published March 7, 2009 Great Falls Tribune www.greatfallstribune.com
Dear Editor,
Helena has a few more residents than usual. The Governor and Attorney General have quite a posse. Is it too late to save justice in Montana?
Criminal accident schemes in the MHP, false warrants like parking tickets, Bar and Judicial groups astray and threats like mortar in our very own Wall.
Is it wise Brian, to proclaim from Denver that Montana is better? We have no justice, no plan other than “holding our breath”. How embarrassed will you be when that same federal government you mocked has to save the Treasure State?
Should our legislature consider secession from the Union?
Steve should successfully argue against the Bill of Rights, being an ivy-leaguer and DC circuit attorney and all. How will the constituents take it? Montanans are tough, right?
Justice is for those silly Americans, not us Montanans.
When the wildfire season crowns, we’ll issue spades to every able Montanan; who needs those federal fire grants to put out our blazes?
Stimulus? Heck, we have done without before; it just “gives us motivation” to do better.
Should I inform Max, Jon, and Denny that their services are no longer needed?
There is an emergency in Montana with respect to Justice.
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#24
Defamation is not OK
Dear Ravalli County Commissioners, others. 5/12/09
On May 5, 2009 I spoke to you in public comment in a meeting which violates Montana Law for open meeting. Asking someone if they have public comment is not consistent with state law insisting on an printed agenda, and other provisions. See the statutes I provided at the end of my public comment on May 5, 2009.
Second, how many incidents such as Mr. Blakeley in Stevensville will you tolerate from the RCSO and Mr. Chris Hoffman? You are in court at present for civil rights violations, and will most likely lose this case (Shook v. Ravalli County; Montana US District Court). Denial is the first step, who is brave amongst you to take the second?
Third, I wanted to comment on the "cleaned" comments that I made on May 5, 2009 when I asked for a copy of the meeting minutes. Should I bring a video camera or tape recorder next time? Who do you exactly work for, and let me say how disgusted I am with your inaction, inability to respond to the public, and the things I read about myself on the internet from your meetings. Perhaps I should be invited to defend myself to this ludicrous activity of the Commission. Ravalli County voters will demand a change to your behavior.
My character is well above any of the five commissioners. Remember that your employees denied, and did not follow simple laws for recall, and committed crime by calling the police (this is called criminal conspiracy--when a public or private entity calls law enforcement to put down citizens with pent up crimes). Your law enforcement "shook me down" on your front steps at 215 S. Fourth St. after observing my actions in the building that did not warrant an "interview". My last employer now does not call me after revealing my employment info to this "officer". Be very proud of your actions.
I would also like to thank you for my character assassination in your "paper" the Ravalli Republic. How would a reporter know about a "letter" if they don't attend the meetings, and call my residence to harass me prior to getting receiving this letter? I hope you enjoyed the sentiment returned, un-opened, care of the post office.
Most importantly, when will you stop the assault on your citizens? Abuses with respect to rights of citizens are documented daily in Ravalli County. Places like US Senator offices, county buildings are in business for the public. Please work for them.
I am completely disgusted to think that public servants that you are supposed to represent would maliciously attack someone's character, career, and livelihood as persistently, directly, and intently as this county has. What gives you any near right? You missed the turn for the high road a couple miles back, I suggest you find your way back.
I have received no notice for not allowing me into the Montana Capitol, or Senator Offices as you discussed, and have not received contact from Steve Bullock, someone who has threatened me as Montana's chief law enforcement officer (this is contained in an affidavit), someone whom US Rep. Denny Rehberg has asked to contact me; he hasn't. I reported stolen mail (incoming and outgoing certified mail) to Senator Baucus, as well as pled for civil rights in Ravalli County. Does that constitute banning from his office?
If asking for US and MT Constitutional rights is a problem, then we have more of a problem than I will ever cause. The good ol boys and girls club was is being shut down in Ravalli County, due to the fact we are within Montana State and US Soil. We have constitutions, rights, and laws, please follow them or resign your position.
The T.R.U.S.T. system (see www.Bitterroot-rising.org) is waiting your governing power Ravalli County Commissioners. Do you work for the people, or White House staff underwritten George H. Corn? I was told that several commissioners felt they had "guns to their heads" when presented with Corn's budget for the RCAO, that is much less serious than upholding rights, right?
This will be sent to the MT DOJ, Senator Baucus, and the Ravalli Commissioners on May 12, 2009. I think sleeper cells have been discovered in Ravalli County. You all.
Someday, I hope you can reconcile my treatment, and publishing of defamation to counter the very apparent lack of effectiveness in Ravalli County. I breathe easier knowing that the Shook case might shake some sense into this community---if it is ever reported on.
I write from the higher ground.
Michael Spreadbury
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#25
Montana Association of Counties (MACO)
Dear Mr. Harbour, MATCO personnel: (by email on 5/21/09)
If a county is sued, like Ravalli, and Flathead County are presently for Federal Civil Rights, this affects the insurance payment, and elevates the premium of other counties in your consortium. Lincoln County Government has a huge integrity problem; it cannot solve 11 rapes, and will not meet with concerned citizens.
I presume that all of you are a residents of Montana, and also citizens of the United States. We have an Emergency with respect to justice. We have a Governor who proclaimed to the country in Denver not one year ago that Montana was better. Better than what? Montana is ranked 48th in the Nation for Justice.
Perhaps you can show me where this "better" is taking place, because all I run into is people telling me that county officials have "wide latitude" (MT Assist. Atty General, May '07) and to do as they please. The court cases are filling the pipelines (county liability-- a Matco issue).
How do we define wide latitude, because our county saw induced suicides of 5 suspects (2005), and are expert at ruining the lives of Montana Citizens.
I am hoping that your organization will find some purview that will engage this matter. Many organizations have, including the American Bar Association, and others. Leadership is stepping up to the plate, not saying it's not your responsibility.
Here is your mission statement:
MACo’s VISION STATEMENT
MACo enhances the public service mission of counties by promoting integrity and providing proactive leadership while acknowledging and respecting Montana’s diversity.
I didn't see an action item or metric on how to accomplish integrity with respect to county government. I would think this would be a priority with Matco.
Thanks for your time, the May 19th press release and supporting URL's are at the bottom of this message.
Michael Spreadbury
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#26
Request for Montana State Police Force to Montana Legislature
Justice ideas
From: www.mtjustice.info
Sent: Tue 8/25/09 2:50 PM
To: rhawk@bresnan.net; john@senatorjohn.net; senbales@wbacccess.net; steve.gallus@gmail.com; ddgetz@peoplepc.com; matthiner@hotmail.com; bnooney@inv-ent.com
Cc: lakemill@montana.com; stoker@montana.com
Bcc: mspread@hotmail.com; 2ndrecon@hughes.net; iendedup@yahoo.com
Dear Subcommittee members,
My name is Michael Spreadbury of Hamilton, MT. I am copying my State Legislature members from the Bitterroot (Mr. Shockley does not list an email address).
In 2011 I wish to have a bill to begin a State Police in Montana (MSP). The reason is this: as well as we mean to be, we are ranked 48th in the nation for Justice. We need to do better. Prosperity for our state rely on your work to improve the justice issues that Montana faces. This includes the Bar, the Judicial Commission, and the Justice Department. A MSP is a good start.
Our Attorney General is sitting on charges (over a month) for Ravalli County Deputies who have stolen 17,000 rounds of ammunition, firearms, abused spouses, and pin crimes on victims. The MHP prey on women, are swayed on accidents, refused to investigate a felony accident that covered up a crime for a local politician, and our citizens sit in jail without changes, away from jobs and family. I am not making this up.
With a State Police, the municipal fraud, and state fraud could be investigated, and we can climb up from almost last in the nation. Lets make Montana a better place. Please write a bill to start a Montana State Police, it needs to be passed in 2011.
Let me know if you need my assistance. If we are calling them troopers, lets give them the authority to bring justice.
Thank you,
Michael Spreadbury
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#27
From the German Resistance Memorial, Berlin
You did not bear the shame
You resisted.
Sacrificing your life for freedom, justice, and honor.
(from the United Artists production Valkyrie copywrite 2008)
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#28
US Senator Max Baucus August 29, 2007
1821 South Ave. W. Suite 203
Missoula MT. 59801
US Senator Jon Tester
204 Russell State Office Building
Washington, D.C. 20501-2644
Dear Senators,
This letter is coming to you from residents of the City of Hamilton, and the County of Ravalli, in the great state of Montana for which you serve us in our nation’s capital.
We, the people who have signed this letter have contacted the US Attorney’s office, Montana Attorney General’s office, the State Deputy Fire Marshall, the Governor’s office, the Montana Bar Association, the Judicial Standards Commission, the Montana Police Academy, and other entities to seek help against the abusive, intentional, and well established civil rights violations which have occurred, and will continue to occur in this area.
Our city police force knows no limits or bounds as to their harassment, nor jurisdictional boundaries. They have been observed to be intimidating citizens 15 miles from the city limits. The city attorney has prosecuted hundreds of cases without being sworn in as the city’s attorney until this summer. An incident occurred this summer where a spouse of a county commissioner had 57 stitches sewn into his head and the city police did not cite, arrest, nor investigate the alleged crimes involved.
In our courts, the sixth amendment right to speedy trial is mocked by allowing continuance upon continuance where more than seven months can transpire before trial will take place. This amendment is written to lessen the damage of false charges, and their associated damages to the individual. In our community, a person can be charged with a crime without prima facie evidence, and have rules of criminal procedure violated by a judge. Court dates are intentionally moved to catch a person out of town to add more charges: failure to appear in court. This county has a refined, well oiled system of corruption which gives employment to those who support it, and encompasses the newspaper, local governments, law enforcement units, and judicial system. There is no such thing as independent judiciary at the Municipal and Justice Court level. There is no such thing as justice in the city of Hamilton, nor in Ravalli County.
We respectfully REQUIRE a congressional inquiry into these problems in Ravalli County and the City of Hamilton, Montana.
This inquiry by your offices will make issue and bring the required importance to civil rights in Ravalli County.
We strongly recommend the cessation of all federal funds until such time that officials from this area can answer federal indictments on criminal charges. Such thresholds have been met for the US Attorney to take action in our area. We have already established this with their office in Missoula. However, we also wish for your inquiry to strengthen, and ensure its action.
We specifically would like to see all Federal Fire Suppression Grants to be suspended for Ravalli County indefinitely until Civil Rights are restored and proven to be of utmost importance.
Secondly, we would like to see all Federal Highway Funds frozen, specifically the Highway 93 corridor project through Ravalli County suspended until all investigations and allegations are cleared.
Thirdly, we require that the US Dept. of Justice grant for the amount of $15,161 be returned to the DOJ from Ravalli County if it has been paid. Rewarding law enforcement for violating civil rights cannot happen.
When 70% of Ravalli county is owned by the Federal government, this level of inquiry should effectively shut down this system of criminal behavior. Five (5) inmates of the Ravalli County Detention Center took their own lives within the past couple of years. Our group feels strongly that these lives were lost due to taking away hope via civil rights violations. These souls stand as testimony to the horrific actions of Ravalli County law enforcement, county attorney, and those of the city law enforcement.
We wish to be very clear: Ravalli County does not follow, respect nor wish to be under the color of State or Federal law. These flags are flown, but the lawlessness prevails. If the county refuses to uphold state or federal laws, should the monies be forthcoming?
The undersigned believe not.
1.__________________________ 4._______________________________
__________________________ _______________________________
2.__________________________ 5._______________________________
___________________________ _______________________________
3._________________________ 6.________________________________
_________________________ ________________________________
(seven members signed this letter; it got the attention of the Deputy Director of the FBI in Washington, DC. Max's staffers say this is a civil legal issue; they are nearly right, it is a civil rights issue, and protecting a "friend of Max" named George H. Corn)
We the People of Ravalli County
PO Box 416
Hamilton, MT 59840
enclosure(s): release forms
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#29
Valley Viewpoint: Tasers
The Ravalli County Sheriff Department (RCSO) is currently carrying Taser weapons. The County is also a defendant in Federal Court for 12 alleged counts relating to a civil rights claim. Just recently, a county resident is bringing a case for flooding in the right of way of a Bitterroot River bridge. When liabilities like these mount, the insurance premium we pay as assessed by the Montana Association of Counties increases. This means higher tax assessments.
When asked when and how the buck stops with The Commission, Greg Chilcott explained what was not their responsibility. Can we get a straight answer out of our public servants? These are the same people who sent a scathing letter to the State DNRC regarding the 38 “alleged” violations of floodplain rules in Ravalli County. It is their responsibility to enforce these provisions, so we may be protected from flood events, and have the ability to obtain loans for many properties that dip below the 100 yr. floodplain elevation. Do we need our own commissioners blocking potential real estate transactions due to an inability to take responsibility for their well paid responsibilities?
While campaigning for Mayor, a family told me of an event where a family rushed a young girl to the hospital by private vehicle due to multiple injuries at the scene. While it is unfortunate the girl suffered permanent injuries, the driver of the vehicle was reportedly tasered by a Ravalli County Deputy at the hospital. In an emergent situation, it is evident that the law enforcement did not assess the situation appropriately? Why are these officers carrying other lethal weapons in a locale were lethal situations are not around every corner? A Taser carries up to 50, 000 volts, and has been fatal in many situations. In the words of a blogger on Digg.com: “Cops should understand that Tasers are lethal weapons in quite a few circumstances and should not be used as a ‘Shut up, its my turn to talk’ tool.”
We have seen an officer in Atlanta who detained a Black man in a hospital parking lot as his mother passed away just inside. While the man could have been cited for running a stop sign, for excessive speed, a reasonable Judge has the ability to dismiss the case with cause under the circumstances. A Ravalli County deputy may not have been trained for 4 hours and “ridden the lightning” for 5 seconds as most trained officers on Tasers have experienced. We simply add more liability to an already dangerous mix in Ravalli County.
We as residents are presented with “local terror” as we contact the law enforcement and judicial system in Ravalli County. This incident was hidden, as are many others to feed the fuel into the system that employs many people in our area. We need not live in fear, nor should we pay for the ineptitude of our public officials, or our poorly trained law enforcement who are more attuned to walking tall with their tazer and sidearm, then thinking though a situation to actually help a voter, taxpayer, and family who pays their salary. `
Law enforcement and adulthood involve thinking through a situation, if possible to protect the officer’s safety, and to best serve the community. This incident reminds us of a norm in Ravalli County; pinning a crime on the victim: to quiet them, or to teach them a lesson for calling out the law enforcement. Any human being has a voice, a conscience (except sociopaths) and a moral compass. At the time of this writing, I am wondering how an expensive lethal weapon should be added to a force which has demonstrated a problem with trust. When law enforcement steal from their own department, they have no respect for it. With demonstrated lack of sound decisions, why are these deputies carrying more liability for Ravalli County on their holsters?
This scenario came up as I mentioned the legal duty as Mayor to supervise the police department (MCA 7-32-4103). The last two Mayors of Hamilton have not upheld this duty. When a Doctor is spotlighted on their property, this is not supervision. Since the Ravalli County Commission, or Sheriff refuse to supervise (or take responsibility) for nearly anything, it is up to us to demand better in the voting booth. The city elections are in the fall 2009, county election in 2010.
The public does not need justifications, or false claims on how wonderful its law enforcement is protecting them. We hear and see the truth. It is time Tasers to be removed from service in Ravalli County: for public safety, and for real and ever present liability. How do we pay for these weapons if the budget is constrained? We, as taxpayers pay for your mistakes. How many does Ravalli County need?
Visit our sister site: www.Bitterroot-rising.orgfor more letters, and justice information about the Bitterroot Valley of Montana. It is our watchdog site.