Thursday, October 22, 2015
Wednesday, August 26, 2015
Can you IMAGINE, you have to contact an attorney as a matter of law. A University of Montana attorney, and then you go to jail for alleged violations of a non-existence protective order?
"Bill Windsor has filed a motion to dismiss the criminal charge against him for an email to an attorney.
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
The University of Montana is as Corrupt and Lawless as it Get's I Say.
Can you IMAGINE, you have to contact an attorney as a matter of law. A University of Montana attorney, and then you go to jail for alleged violations of a non-existence protective order?
"Bill Windsor has filed a motion to dismiss the criminal charge against him for an email to an attorney.
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
The University of Montana is as Corrupt and Lawless as it Get's I Say.
Can you IMAGINE, you have to contact an attorney as a matter of law. A University of Montana attorney, and then you go to jail for alleged violations of a non-existence protective order?
"Bill Windsor has filed a motion to dismiss the criminal charge against him for an email to an attorney.
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.
Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny..."
"This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party.
The short story to this is that an email was sent. Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT. The bogus protective order issued against me on August 23, 2013 expired. Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.
The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime. That's a joke."
"FACTUAL BACKGROUND
The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, a third or subsequent offense.”
Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson. This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.
As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.
Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order."
Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236
The University of Montana is as Corrupt and Lawless as it Get's I Say.
The Missoula County Attorneys Office and Detective Chris Shermer of the Missoula Police either do NOT know Montana Law and the U.S constitution or they are PAID to cover up the INFAMOUS Corruption in the State of Montana.
"Montana law states very clearly (MCA 45-5-220) that stalking does not apply to Constitutionally-protected activity. Freedom of speech and freedom of the press are the most fundamental of the Constitutionally-protected activities."
Source and Lot's More
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1759:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-felony-tweeting&catid=160:charges&Itemid=236
So Why in the WORLD does the Missoula County Attorneys Office and Dipshit Detective Chris Shermer think that they can use an expired protective order or any protective order to go to another state on Montana Taxpayers dime, to retrieve and JAIL some guy talking on a blog?
Hmmm..
"William M. Windsor never sent a Tweet.
The State has no evidence that he did.
The State has no evidence or testimony to indicate that he knowingly and purposely sent a Tweet to violate a protective order. Jennifer Clark swore to Judge Karen Townsend that William M. Windsor knowingly and purposely sent a Tweet to violate a protective order, but it was a false sworn pleading by Jennifer Clark."
Source and Lot's More
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1759:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-felony-tweeting&catid=160:charges&Itemid=236
For more Check Out
http://missoulacountyattorney.blogspot.com/
Source and Lot's More
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1759:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-felony-tweeting&catid=160:charges&Itemid=236
So Why in the WORLD does the Missoula County Attorneys Office and Dipshit Detective Chris Shermer think that they can use an expired protective order or any protective order to go to another state on Montana Taxpayers dime, to retrieve and JAIL some guy talking on a blog?
Hmmm..
"William M. Windsor never sent a Tweet.
The State has no evidence that he did.
The State has no evidence or testimony to indicate that he knowingly and purposely sent a Tweet to violate a protective order. Jennifer Clark swore to Judge Karen Townsend that William M. Windsor knowingly and purposely sent a Tweet to violate a protective order, but it was a false sworn pleading by Jennifer Clark."
Source and Lot's More
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1759:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-felony-tweeting&catid=160:charges&Itemid=236
For more Check Out
http://missoulacountyattorney.blogspot.com/
Sunday, May 24, 2015
Detective Chris Shermer Missoula Montana Police.; Missoula Police Department seems to be controlled by the SUPERPOWER that controls the University of Montana and many Montana Detectives and Judges who do whatever it takes to SHUT up Anti-Corruption Bloggers.
a Small Bit from my upcoming Attorney General Complaint
and Department of Justice Complaint.
NOTE: It is important to NOTE that the State of Montana, Missoula Police and the University of Montana KNEW about the issue of Rape and Stalkers for many, MANY years and the ONLY action they took was to JAIL Reporters, and to give anti-corruption bloggers protective orders to STOP the flow of information, chill speech and cover up the TRUTH about Montana Law Enforcement flat out IGNORING Rape and Stalking CRIMES.Also NOTE: that it seems, currently, as if the Missoula Police, Chris Shermer and the Missoula County Attorney will do their ACTUAL job of proving someone guilty instead of taking the word of another BUT only if I, Crystal Cox, Investigative Blogger don't report on them or call them names, such as Barney Fife. So another words they will do what you actually pay them to do but ONLY if I don't make fun of them for not doing their actual job.
The Missoula Police Department have aided and abetted the University of Montana to cover up crimes committed on campus for years. I have reported this and know of others who have reported it and reported on it for at least 7 years.
The Missoula Police Department and the University of Montana have done NOTHING to investigate facts and instead simply take the stated, adjudicated word of University of Montana employee Sean Boushie.
This has led to the loss of my business, my home and put me under massive duress for around 8 years and counting. This also happened to University of Montana victims Micheal Spreadbury and Mary Deneen. And led to the false imprisonment and civil rights violation of Bill Windsor of Lawless America who was reporting on our story.
Below is a bit to be included in my upcoming U.S attorney general complaint and Department of Justice complaint as well as RICO and Racketeering complaints about the rampant corruption and cover ups in the State of Montana. Below is the Police Report that University of Montana employee Sean Boushie falsified and was taken as FACT with no investigation or interviews of other parties by Detective Chris Shermer of The Missoula Police Department and the Missoula County Attorney's office.
143. on August 23, 2013, Sean Boushie filed a police report with the Missoula Police Department, the initial report was taken by Officer Ethan Smith, Case Number P130823-10
Exhibit 11. Supervisor Review was done by Officer Paul Kelly, as Exhibits show. The date on the report is October 30th, 2013.
The Report claims that officer Ethan Smith met with Sean Boushie on August 23, 2013. And that at that time Sean Boushie reported being stalked by another male. (Bill Windsor, Anti-Corruption Blogger and Film Producer of Lawless America).
This report claimed that I, Crystal Cox had passed away and that Bill Windsor of Lawless America had got some sort of alleged victims list, allegedly of mine. Clearly not factual, but still taken as actual fact by the Missoula Police Department.
The report also claimed that I received money from some alleged bank statements allegedly from Sean’s father, and later maybe his father in law of which is also easily proven as false. It is also false statements to police to maliciously harm and prosecute others. Of which Missoula Detectives did NOTHING to prove.
Officer Ethan Smith did not do any investigation into the judicial record of facts on this matter, regarding Sean Boushie being the stalker, the abuser and NOT the VICTIM.
Officer Smith did not research any evidence as filed by Bill Windsor or myself with the Missoula Police, the University of Montana Police, Hamilton Police, Eureka Police and multiple Montana Judges, to easily prove this as fact.
Officer Ethan Smith of the Missoula Police Department seems to have turned the "INVESTIGATION" over to Missoula Police Detectives to look further into the facts of the case.
I, Crystal Cox, was named in this false report and having provable information as to the facts of the case, and also having my own report with Detective Jamie Merifield of the Missoula Police Department regarding Sean Boushie stalking me and threatening to kill me in 2009, was not contacted or interviewed by ANYONE at the Missoula Police Department nor the University of Montana police or attorneys or the Missoula County Attorney regarding these allegations in which actually said provable false statements that pertained to me personally.
Most likely because the Missoula Police Department believed I had “passed away” and did not research this easy to find, well known information. As I was, by then in national media around the world regarding my blogs reporting on corruption. I was in a worldwide KNOWN First Amendment case and POLICE should be able to look up death records pretty easy, I would think.
None of this raised a red flag to the Missoula Police Department, their only MISSION was to Discredit Bill Windsor of Lawless America who was and is reporting the 100% TRUTH about the Missoula Police Department, the University of Montana, the Missoulian, the Missoula County Attorney, Judge Haynes and more.
The police report along with 6 years of non-stop action of Sean Boushie, employed by the University of Montana should at the VERY least be Criminal Defamation, as per Montana Law.
The University of Montana is liable for the damage they have deliberately, knowingly, with full knowledge of the facts, willfully and wantonly caused to me Crystal Cox and to Bill Windsor, Michael Spreadbury and Mary Deneen.
We ALL have a very good civil case against the University of Montana, the County of Missoula and Ravalli and Lincoln County, and we have a good case against the Missoula Police Department, however in the state of Montana, if an attorney represents a client in these cover up matters, the attorney will be disbarred, ran out of town, bullied, threatened, harassed and possibly killed. So no Montana licensed attorney will take the case.
If you are an attorney reading any of this information and are not afraid to sue the University of Montana, the County of Missoula and Ravalli and Lincoln County, or the Missoula Police Department, email me at SavvyBroker@Yahoo.com WE HAVE A VERY GOOD, well documented case. Maybe a class action lawsuit joining with some of the University of Montana rape victims who were IGNORED their rights by those same entities.
The Missoula Police Department and the University of Montana could have EASILY prevented Bill Windsor and his company, family and associates as well as Mary Deneen from being maliciously attacked by Sean Boushie and having their lives ruined and under constant duress, however, the Missoula Police Department and the University of Montana did not take any of this serious just as they do not regarding other stalking complaint and rapes. The facts are easily found but they did not bother.
This report, as seen in Exhibit 11, is full of verifiably false statement by Sean Boushie to officer Ethan Smith. One of these is claims that I, Crystal Cox had passed away, that I had some alleged victims list of people who allegedly pay me, and that there was some alleged bank statements proving that I had been paid by Sean Boushie’s father to harass Sean Boushie. All of this is easily verified as FALSE.
With no adjudicated fact or evidence at all in the police report, from this the MIssoula County Attorney’s office pursued a criminal case against whistleblower, anti-corruption blogger, Film Producer Bill Windsor.
144. On September 4th, 2013, Detective Chris Shermer met with and interviewed Sean Boushie, the alleged victim. The supervisor review on this was Officer Travis Welsh, as seen in Exhibit 11. See Below
This report was again full of lies and details having nothing to do with whistleblower, reporter Bill Windsor. Sean Boushie’s relationship with his wife and father in law have nothing to do with a protective order against a reporter REPORTING on judicial and law enforcement alleged corruption in Montana.
This report discusses the CLEAR fact that Bill Windsor has First Amendment rights. Yet the University of Montana and the Missoula County Attorney JAILED Bill Windsor for speaking online about all this, and reporting on the Crystal Cox and Michael Spreadbury story.
Here, Exhibit 11, you see that no laws are being broken, and the First Amendment applies, yet months later Bill Windsor is jailed in Ellis County Texas, then again in Idaho all because of the State of Montana allegedly barring him from his First Amendment Rights and totally ignoring Shield Laws in all those States.
All to STOP the flow of information, chill speech, and discredit blogs reporting on the allegations of corrupt Montana cops, judges, and politicians. And the involvement of the University of Montana and the Missoulian Newspaper to cover up these alleged crimes.
Which are 100% TRUE.
Detective Chris Shermer did not contact me to interview me, Crystal Cox, whom is easy to find online as I have over 1200 blogs reporting on corruption, many of which have my contact information and so does my hundreds to thousands of court filings. As well as so does the Missoula Police Department have my contact information via me reporting Sean Boushie threatening to kill me in 2009, as seen above.
I was named in the report and should have been contacted, interviewed before they pursued criminal charges against a whistleblower who was reporting on my Montana protective order being denied and my Death Threat from Sean Boushie and the fact that University of Montana ignored my cries for help and complaints for years, and those of Michael Spreadbury.
Yet we see in the National News that the Montana County Attorney acts as if complaints of rapes and stalking are taken serious and investigated in Missoula, Montana. CLEARLY, they are NOT investigated at all nor taken as serious allegations worthy of a REAL, competent, Forensic investigation, as a matter of FACT and Law.
Bill Windsor’s connection with Sean Boushie did not “stem” from Sean Boushie’s father in law as the Detective Chris Shermer report claims. This is EASY to prove, yet the Missoula County Attorney nor the Missoula police even bothered to try to figure out the origin of this matter.
Bill Windsor’s connection to Sean Boushie came with the Denial of protection of Investigative Blogger Crystal Cox, me, then Montana Investigative Blogger reporting on Montana Corruption as truthfully and accurately as possible.
I had reported and proved to multiple Montana courts, Judges and Law Enforcement and to the University of Montana Police that Sean Boushie was stalking me, bullying me and threatened to kill me and was conspiring with others including local cops to keep me under constant watch, threat, and intimidation.
Montana Law Enforcement and the University of Montana IGNORED my rights. Bill Windsor, anti-corruption blogger, whistleblower and film producer of Lawless America reported on my story and from that on Michael Spreadbury who was also, at that time, reporting on alleged cops and judged in Montana that were dangerous and corrupt.
Detective Chris Shermer did not bother to interview Paul Stramer, Sean Boushie’s father in law for his side of the story, he simply took Sean Boushie’s false allegations as fact.
Detective Chris Shermer says in this report that he spoke with Judge Karen Townsend, and warned her of Bill Windsor’s ALLEGED bizarre behavior. Yet Detective Chris Shermer did not bother to look into the deadly, defaming, dangerous bullying of, and ACTUAL “bizarre” behavior and flat out lies in the police report from Sean Boushie, the actual stalker and abuser.
Detective Chris Shermer falsified information to a Judge, in which harmed a whistleblower, a reporter telling the WHOLE TRUTH and nothing but and with years of evidence to back it up.
As seen in the police report, Detective Chris Shermer claims to have spoke with Missoula County Attorney Jason Marks and that there were no violations. Yet Bill Windsor, Whistleblower, Anti-Corruption Blogger and Film Producer goes to jail in 3 different states and is stripped of his rights of due process, his civil rights and his constitutional rights all based on Sean Boushie’s false, adjudicated statements regarding me, Crystal Cox and Bill Windsor.
Officer Walt Dinges, seems to close out the complaint, as seen in Exhibit 11. Yet the state of Montana goes extremely out of it’s way to jail Bill Windsor in Texas, In Idaho and to bring him to jail in Missoula Montana where he, being his own attorney is given only a tiny gold pencil to file legal documents and is completely stripped of his rights of due process, civil and constitutional rights.
This case is ongoing and still the University of Montana Police, the Missoula Police Department and the Missoula County Attorney has done NOTHING to actually procur FACT, technological fact, adjudicated fact in this matter in any way. They simply go on the stated words of the one actually committing the crimes.
Monday, May 18, 2015
Bill Windsor; Lawless America is a HERO, without a Doubt. When the State of Montana is named in a RICO Lawsuit and Criminal Complaint Federally, Just Imagine what will have to be Paid for all this clear civil and constitutional rights violations.
"Witness List, Evidence, and Pre-Trial Motions consume Bill Windsor's time
Witness List, Evidence, and Pre-Trial Motions consume Bill Windsor's time.
On his bedside table is a two-inch stack of material yet to be read about how to do what he's been doing...
Bill Windsor outlined his defense from his jail cell. There are a number of reasons why Bill Windsor cannot possibly be found guilty of violating a non-existent protective order for the man who offered rewards for his death and then shot at him and attempted to kill him.
Therte should be no charges. The case should be dismissed based upon a number of reasons. But Bill Windsor learned that the only thing he can be sure of in Montana is the corruption. So he plugs away."
Source
http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=1582:witness-list-evidence-and-pre-trial-motions-consume-bill-windsors-time&catid=1:latest-news
"Bill Windsor has sent a Subpoena to his Judge James A. Haynes for a Deposition
Bill Windsor has sent a Deposition Subpoena to his Judge,Judge James A. Haynes.
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That's right. Judge James A. Haynes is a fact witness in William M. Windsor's criminal trial for publishing the name of the man who attempted to murder him. Judge James A. Haynes needs to be disqualified. That Motion to Disqualify was filed last week.
Witness List, Evidence, and Pre-Trial Motions consume Bill Windsor's time.
On his bedside table is a two-inch stack of material yet to be read about how to do what he's been doing...
Bill Windsor outlined his defense from his jail cell. There are a number of reasons why Bill Windsor cannot possibly be found guilty of violating a non-existent protective order for the man who offered rewards for his death and then shot at him and attempted to kill him.
Therte should be no charges. The case should be dismissed based upon a number of reasons. But Bill Windsor learned that the only thing he can be sure of in Montana is the corruption. So he plugs away."
Source
http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=1582:witness-list-evidence-and-pre-trial-motions-consume-bill-windsors-time&catid=1:latest-news
"Bill Windsor has sent a Subpoena to his Judge James A. Haynes for a Deposition
Bill Windsor has sent a Deposition Subpoena to his Judge,Judge James A. Haynes.
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That's right. Judge James A. Haynes is a fact witness in William M. Windsor's criminal trial for publishing the name of the man who attempted to murder him. Judge James A. Haynes needs to be disqualified. That Motion to Disqualify was filed last week.
Bill Windsor sought a temporary order of protection from Sean Boushie in 2013, and Judge James A. Haynes denied it, just as he had done previously when others sought protection from Sean Boushie...
Judge James A. Haynes said Sean Boushie would have to be arrested and convicted before Bill Windsor could get a temporary order of protection against Sean Boushie. Nah, that's not how it works. Judges don't enjoy being asked to take a seat as a witness. In this case, the testimony of Judge James A. Haynes and the other judges who have been involved in protecting Sean Boushie is critical to one of Bill Windsor's defenses. It should be exciting.
Bill Windsor began discovery last week with Deposition Notices for the State's Witnesses in his Criminal Trial for Tweeting, etc.
The Notice of Filing Requests for Subpoenas with the originals of each Subpoena Request will be filed on May 18, 2015."
Source and More
For more Check Out
Wednesday, May 13, 2015
Unconstitutional Hamilton Montana Judge Haynes and the Missoula County Attorneys Office conspire to Deny Due Process, Violation Civil and Constitutional Rights and to Cover Up Corruption in Montana by Prosecuting an anti-corruption reporter daring to utter the word UNIVERSITY OF MONTANA.
"Bill Windsor is preparing for his criminal trial on June 22, 2015 in Missoula Montana
Bill Windsor is preparing for his criminal trial scheduled for June 22, 2015 in Missoula Montana. Judge James A. Haynes is the judge - much grayer now. It's May 12, 2015 -- 6:00 pm Mountain Time.
William M. Windsor thanks Aunt Dodie for a big pile of stuff. Bill filed a very important Motion for Sanctions today, sent change of address notices to a host of courts, bought some office supplies, and had some decent barbeque.
This is Bill Windsor's every "evening" update to let folks know he is still "free"...
Bill Windsor has been working on several court filings in his Missoula Montana criminal case, DC-14-509 in the Fourth Judicial District Court.
Tomorrow, William M. Windsor hopes to file his Second Motion to Disqualify Judge James A. Haynes. Amazing that the first one somehow disappeared from the envelope in which the Clerk of the Court filed and docketed two other motions. Must have been magic. Judge James A. Haynes has been labeled as corrupt by Bill Windsor.
He is one of the witnesses in the case, and he has a long history of covering for Sean Boushie. Judge James A. Haynes became infamous when he denied Bill Windsor's Petition for a Temporary Order of Protection after Sean Boushie attempted to murder Bill Windsor as he drove on the Interstate between Butte and Missoula.
Sean Boushie even sent Bill Windsor an email taking credit for the shooting. Judge James A. Haynes denied the Petition saying that Bill Windsor did not qualify because Sean Boushie would have to first be arrested. Even Sierra, the mani-pedi lady in Missoula ,knows that's hogwash. By the way, she said Bill Windsor was her first...pedicure with someone wearing a GPS Ankle Monitor.
Bill is hand-carrying this Second Motion to Disqualify right to the Clerk of the Court's Office so he can get a file-stamped copy. The jail wouldn't let Bill Windsor out to file anything, imagine that.
William M. Windsor looks forward to telling all of you the story of his meeting with the prosecuting attorney, Jennifer Clark, and the Missoula Police Department Detective,Chris Shermer.
He gave them a simple road map to prove that Sean Boushie is the criminal, but there is no indication that they did a thing with what they were given. Chris Shermer may be too busy to investigate.
Chris Shermer recently filed a lawsuit alleging sexual harassment by a female police lieutenant. The stuff these folks come up with in Montana defies description.
A TalkShoe show will soon be scheduled. Stay tuned.
A TalkShoe show will soon be scheduled. Stay tuned.
Bill needs help on typing and legal research. windsorinmontana@yahoo.com. Judge James A. Haynes has made Bill's pre-trial tasks virtually impossible. If anyone wants to research the statutes and case law on arguing jury nullification in trials in Montana, Bill could use some help.
Lawless America. That's where we live.
Bill Windsor set out to film a movie exposing government, judicial, and law enforcement corruption. He traveled to every state (except Alaska), and he filmed over 750 stories of corruption and has thousands more who wanted to be filmed.
Evil people,some working for various government entities and committing crimes, set out to destroy Bill Windsor and the movie, Lawless America. Bill Windsor has been defamed online in the largest case of defamation in U.S. history. His life has been threatened many times. A UNIVERSITY OF MONTANA EMPLOYEE, Sean Boushie, attempted to murder Bill Windsor.
Sean Boushie then falsely claimed that Bill stalked him, threatened him with a gun, and a host of other lies. Corrupt courts gave Sean Boushie a Temporary Order of Protection. It expired on September 16, 2013, but corrupt Montana and Texas folks pretended it still existed, and a bench warrant was issued for unsuspecting Bill.
Bill Windsor was put into the Ellis County Texas Jail illegally for 53 days as a political prisoner -- held for extradition. William M. Windsor was then unlawfully held in the Ada County Idaho Jail for 35 days and then illegally handed over to two Missoula County Montana Sheriff's Deputies on March 25, 2015.
He was held there for 46 days (a grand total of 134 days behind bars). He escaped (on bond) at 11:30 am on May 9, 2015.
The State of Montana has filed five criminal charges against William M. Windsor for sending a Tweet, publishing the UNIVERSITY OF MONTANA EMPLOYEE's name (the would-be killer Sean Boushie) four times, sending a legal notice email to a University of Montana attorney, and filming the movie and the pilot for a TV show that will expose Montana as the most corrupt state in the country. “Law enforcement” hadLawlessAmerica.com removed from the Internet.
This website contains over 1,400 articles exposing corruption. Bill Windsor worked with a friendly offshore hosting company to return the website to the Internet outside the clutches of American evildoers. He wasn't so lucky when Facebook removed the movie page falsely claiming it promoted nudity, pornography, and solicitation of sex ... or when AT&T canceled the email that he used on everything related to the movie for years falsely claiming he violated their Terms of Service.
Bill Windsor will continue to have a short article published every morning and every night so you will know he is still as “free” as one can be in Lawless America. That’s where we live."
Source
Source
Lawless America Film Producer DENIED Constitutional Rights in Montana, JAILED, Denied use of Shield Law, ordered to STOP reporting on the University of Montana and Employee Sean Boushie. The First Amendment DOES NOT apply to YOU if You attempt to expose CORRUPTION. Oh but it DOES. Just have to TEACH the Missoula County Attorney about Civil Rights, the Bill of Rights, Due Process, the First Amendment and the Constitution in General.
Bill Windsor has been denied evidence in his criminal trial in Missoula County Montana
"Bill Windsor has been denied evidence in his criminal case in the Fourth Judicial District Court in Missoula County Montana.
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COMES NOW William M. Windsor, Defendant, and files this “Motion for Sanctions,” and shows the Court as follows:
MCA 46-15-322. Disclosure by prosecution. (1) Upon request, the prosecutor shall make available to the defendant for examination and reproduction the following material and information within the prosecutor's possession or control:
(a) the names, addresses, and statements of all persons whom the prosecutor may call as witnesses in the case in chief;
(b) all written or oral statements of the defendant and of any person who will be tried with the defendant;
(c) all written reports or statements of experts who have personally examined the defendant or any evidence in the particular case, together with the results of physical examinations, scientific tests, experiments, or comparisons;
(d) all papers, documents, photographs, or tangible objects that the prosecutor may use at trial or that were obtained from or purportedly belong to the defendant; and
(e) all material or information that tends to mitigate or negate the defendant's guilt as to the offense charged or that would tend to reduce the defendant's potential sentence.
(2) At the same time, the prosecutor shall inform the defendant of, and make available to the defendant for examination and reproduction, any written or recorded material or information within the prosecutor's control regarding:
(a) whether there has been any electronic surveillance of any conversations to which the defendant was a party;
(b) whether an investigative subpoena has been executed in connection with the case; and
(c) whether the case has involved an informant and, if so, the informant's identity if the defendant is entitled to know either or both of these facts under Rule 502 of the Montana Rules of Evidence and 46-15-324(3).
(3) The prosecutor may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under subsection (1)(d).
(4) The prosecutor's obligation of disclosure extends to material and information in the possession or control of members of the prosecutor's staff and of any other persons who have participated in the investigation or evaluation of the case.
(5) Upon motion showing that the defendant has substantial need in the preparation of the case for additional material or information not otherwise provided for and that the defendant is unable, without undue hardship, to obtain the substantial equivalent by other means, the court, in its discretion, may order any person to make it available to the defendant. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive. The prosecutor may not be required to prepare or disclose summaries of witnesses' testimony.
(6) The prosecutor shall furnish to the defendant no later than 5 days before trial or at a later time as the court may for good cause permit, together with their statements, a list of the names and addresses of all persons whom the prosecutor intends to call as rebuttal witnesses to evidence of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity or the defense that the defendant did not have a particular state of mind that is an element of the offense charged.
Source of Post
http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=1565:bill-windsor-has-been-denied-evidence-in-his-criminal-trial-in-missoula-county-montana&catid=1:latest-news
Looks to me Like the Missoula County Attorney Office is in SERIOUS Violation of Civil Rights, Due Process Laws, the First Amendment, the 14th Amendment, and LOT's MORE.
More At
missoulamontananews.blogspot.com
AND
http://www.lawlessamerica.com/
"Bill Windsor has been denied evidence in his criminal case in the Fourth Judicial District Court in Missoula County Montana.
The evidence, if there is any, has been withheld by Missoula Montana Deputy County Attorney Jennifer Clark and Tylerisalittlekid Dugger, Crack Legal Intern.
In criminal cases, the prosecution is obligated to turn over everything...
...surprise, surprise, they haven't.
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Now, is this because they have no evidence? Or is it because they want to back Bill Windsor into a corner by producing everything a few days before the Pre-Trial Conference?
At the Pre-Trial Conference, defendant William M. Windsor has to submit all of his exhibits for the trial as well as the list of his witnesses.
Without the benefit of knowing who and what the prosecution has, this is like handcuffing both hands behind your back and tossing a dark blanket over your face.
At the Pre-Trial Conference, defendant William M. Windsor has to submit all of his exhibits for the trial as well as the list of his witnesses.
Without the benefit of knowing who and what the prosecution has, this is like handcuffing both hands behind your back and tossing a dark blanket over your face.
Bill Windsor estimates that he sent at least a half dozen letters from jail asking about the evidence. As he was not allowed to make any photocopies, he asked Deputy Missoula County Attorney Jennifer Clark to send him copies of his letters. He received none (0).
In the Missoula County Detention Center, Bill Windsor was allowed to purchase two No. 2 pencils and 100 sheets of paper per week.
He had to trade food to get additional pencils.
He was forced to hand-write all of his motions and court filings. and it took him six hours to make just one copy of a 20-page filing.
The Clerk of the Court ignored dozens of requests from Bill Windsor for copies. According to the Clerk of Court's web page, copies are a service that is offered.
They need to update their site to say, copies are 50 cents per page unless your name is William M. Windsor. He can't have copies.
He had to trade food to get additional pencils.
He was forced to hand-write all of his motions and court filings. and it took him six hours to make just one copy of a 20-page filing.
The Clerk of the Court ignored dozens of requests from Bill Windsor for copies. According to the Clerk of Court's web page, copies are a service that is offered.
They need to update their site to say, copies are 50 cents per page unless your name is William M. Windsor. He can't have copies.
There was NO law library. No law books. Legal research was only available if Cheryl or Aunt Dodie or another friend got it and mailed it in.
Even then, if it was printed off the Internet, Bill Windsor was not allowed receipt.
That is not in the published jail rules, but that was the rule for Bill Windsor. No laptop and no access to any of your legal files, research, or evidence because it was all electronic or too large to be allowed in the jail.
Even then, if it was printed off the Internet, Bill Windsor was not allowed receipt.
That is not in the published jail rules, but that was the rule for Bill Windsor. No laptop and no access to any of your legal files, research, or evidence because it was all electronic or too large to be allowed in the jail.
Bill Windsor filed a Motion for Constitutional Rights seeking things like a ballpoint pen refill with which to write, a chair, computer, etc., but Judge James A. Haynes denied it all, with no legal justification for such a violation of Bill Windsor's Constitutional rights to due process.
Bill sat on an 11-inch Frisbee-like stainless steel disc and wrote on a 20-inch by 30-inch hunk of metal that Butch and Biff and Bubba had scratched their names into. The only way to get any back support was to sit on the floor or in his bunk, but then there was no suitable writing surface for a golf pencil.
Bill sat on an 11-inch Frisbee-like stainless steel disc and wrote on a 20-inch by 30-inch hunk of metal that Butch and Biff and Bubba had scratched their names into. The only way to get any back support was to sit on the floor or in his bunk, but then there was no suitable writing surface for a golf pencil.
William M. Windsor's Constitutional rights were violated up, down, and sideways. This is not likely to change, but at least Bill Windsor now has a chair and a computer, plus his stylish GPS Ankle Monitor.
Be sure to read Exhibit 6 to this Motion for Sanctions. How many false statements can you count in the Missoula Police Department's Case Report?
And how much investigating did they do? One false statement after another, and they claim the manager of the Marriott where Bill Windsor used to stay said he appeared to have mental problems.
Gee, that's doubtful, but there was an attempt to murder him as he drove into town. That was a little unsettling.
And how much investigating did they do? One false statement after another, and they claim the manager of the Marriott where Bill Windsor used to stay said he appeared to have mental problems.
Gee, that's doubtful, but there was an attempt to murder him as he drove into town. That was a little unsettling.
For now, Bill Windsor presents one issue. He filed a Motion for Sanctions for the discovery abuse. Here it is.
MONTANA FOURTH JUDICIAL DISTRICT COURT
MISSOULA COUNTY
State of Montana, § Dept. No. 3
Plaintiff, § Cause No. DC-14-509
v. §
William Michael Windsor, §
Defendant. § MOTION FOR SANCTIONS
COMES NOW William M. Windsor, Defendant, and files this “Motion for Sanctions,” and shows the Court as follows:
INTRODUCTION
- William M. Windsor has received only 14 pages of “evidence” from the State. The State has ignored discovery requests served by William M. Windsor, has failed to respond with requested dates for when witnesses will be available, has failed to meet the clear requirements of the Omnibus Memorandum, and has ignored its responsibilities pursuant to Montana Code (“MCA”) 46-15-322 and the United States Constitution and Bill of Rights.
- The Pre-Trial Conference is only 10 days away, and William M. Windsor does not have the most basic information that he needs. An appropriate sanction pursuant to MCA 46-15-329 is for this Court to declare that the State may not introduce any evidence other than the 14 pages provided to William M. Windsor through Christopher Daly of the Missoula County Public Defender’s Office.
FACTUAL BACKGROUND
- On October 3, 2014, William M. Windsor was charged with five counts of violation of an alleged protective order.
- On October 28, 2014, William M. Windsor was taken into custody in Ellis County Texas.
- On October 29, 2014, William M. Windsor was arraigned on the charges, and he pled not guilty. Exhibit 1 hereto is a true and correct copy of the document signed at the Arraignment.
- On October 28, 2014 and for the next 57 days in Ellis County Texas, William M. Windsor asked to receive an explanation of what exactly he was charged with and evidence to support the charges. He was shown only the Bench Warrant, nothing more. Exhibit 2 hereto is a true and correct copy of the Bench Warrant. He was not shown the Information or anything else.
- On December 19, 2014, the State had failed to produce a Governor’s Warrant for the extradition of William M. Windsor, so Judge Cindy Ermatinger released William M. Windsor with the understanding that he would travel in his own by car and surrender in Missoula County Montana.
- On December 29, 2014, William M. Windsor requested evidence from Deputy County Attorney Jennifer Clark by email. Exhibit 3 hereto is a true and correct copy of this email.
- Jennifer Clark responded that the evidence would be given to William M. Windsor when he appeared in Missoula Montana. Exhibit 4 hereto is a true and correct copy of this email.
- On March 27, 2015, William M. Windsor appeared in the Fourth Judicial District Court in Missoula Montana, but the State did not provide any evidence.
- Shortly thereafter, William M. Windsor sent a discovery request to Jennifer Clark. There has been no response.
- On March 31, 2015, Public Defender Christopher Daly filed a “Notice of Appearance and Request for Discovery” pursuant to MCA 46-15-322 and MCA 46-15-327. This isDC-14-509 Docket #22. There has been no response to this request.
- On April 21, 2015, Jennifer Clark and William M. Windsor signed an Omnibus Memorandum. This is DC-14-509 Docket #37.
It provides that the State was to have provided evidence “immediately,” but nothing was provided. William M. Windsor provided a list of witness names and addresses on April 21, 2015. - On April 27, 2015, Tyler Dugger sent a letter to William M. Windsor stating that the discovery was sent to Christopher Daly. Exhibit 5 hereto is a true and correct copy of the letter.
- On May 4, 2015, William M. Windsor received 14 pages of documents provided by the State to Christopher Daly. Exhibit 6 hereto is a true and correct copy of the 14 pages of evidence.
- On May 5, 2015, William M. Windsor sent another letter to Jennifer Clark stating that he had not received evidence from the State. Exhibit 7 hereto is a true and correct copy of the letter.
- On May 7, 2015, William M. Windsor sent a letter to Jennifer Clark with the names of additional witnesses. Exhibit 8 hereto is a true and correct copy of the letter.
- On May 9, 2015, William M. Windsor was released from the Missoula County Detention Center on bond. He had been denied access to his evidence for 46 days in the jail (and for 35 days prior to that in the Ada County Idaho Jail). He immediately began organizing and printing the evidence to present to the State.
- In April and May 2015, William M. Windsor sent multiple requests for evidence to Jennifer Clark. There was no response until May 11, 2015, when she emailed to reply to an email from William M. Windsor to say “I am out this week.
We can meet next week to review discovery. You are not entitled to depositions in criminal cases but we can discuss setting up witness interviews. thank you.” This was in response to William M. Windsor’s email that said: “I will be at the courthouse at 10 am for the jury drawing.
If there is more than 14 pages of ‘evidence,’ please provide it at that time. I will file a motion asking the court to restrict your evidence to only those 14 pages.
I’d like to depose all of your witnesses this week or early next week. Please provide dates so I may submit the requests to the court.” Exhibit 9 hereto is a true and correct copy of the email exchange. William M. Windsor sent several previous requests for this information, but only Jennifer Clark has copies of those handwritten jail letters. - On May 11, 2015, Tyler Dugger, Missoula County Attorney Legal Intern, and an attorney for the State attended the jury drawing but did not speak to William M. Windsor and did not provide any discovery to him. William M. Windsor has been charged with two misdemeanors and three felonies, and he must plan a defense for trial. In order to plan the best defense, he needs to know certain information that is in the hands of the State. MCA 46-15-322 spells out the requirements that the State must meet. The State has provided the names of five witnesses but no addresses or anything else. And the State has provided only 14 pages of so-called “evidence.”
ARGUMENT
A. The State is required by law to provide all evidence to the Defendant in a criminal trial. It has been 196 days since William M. Windsor was arraigned, and he has only 14 pages. The State has failed to meet this fundamental requirement.
1. William M. Windsor has been charged with two misdemeanors and three felonies, and he must plan a defense for trial. In order to plan the best defense, he needs to know certain information that is in the hands of the State. MCA 46-15-322 spells out the requirements that the State must meet. The State has provided the names of five witnesses but no addresses or anything else. And the State has provided only 14 pages of so-called “evidence.”
MCA 46-15-322. Disclosure by prosecution. (1) Upon request, the prosecutor shall make available to the defendant for examination and reproduction the following material and information within the prosecutor's possession or control:
(a) the names, addresses, and statements of all persons whom the prosecutor may call as witnesses in the case in chief;
(b) all written or oral statements of the defendant and of any person who will be tried with the defendant;
(c) all written reports or statements of experts who have personally examined the defendant or any evidence in the particular case, together with the results of physical examinations, scientific tests, experiments, or comparisons;
(d) all papers, documents, photographs, or tangible objects that the prosecutor may use at trial or that were obtained from or purportedly belong to the defendant; and
(e) all material or information that tends to mitigate or negate the defendant's guilt as to the offense charged or that would tend to reduce the defendant's potential sentence.
(2) At the same time, the prosecutor shall inform the defendant of, and make available to the defendant for examination and reproduction, any written or recorded material or information within the prosecutor's control regarding:
(a) whether there has been any electronic surveillance of any conversations to which the defendant was a party;
(b) whether an investigative subpoena has been executed in connection with the case; and
(c) whether the case has involved an informant and, if so, the informant's identity if the defendant is entitled to know either or both of these facts under Rule 502 of the Montana Rules of Evidence and 46-15-324(3).
(3) The prosecutor may impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to protect physical evidence produced under subsection (1)(d).
(4) The prosecutor's obligation of disclosure extends to material and information in the possession or control of members of the prosecutor's staff and of any other persons who have participated in the investigation or evaluation of the case.
(5) Upon motion showing that the defendant has substantial need in the preparation of the case for additional material or information not otherwise provided for and that the defendant is unable, without undue hardship, to obtain the substantial equivalent by other means, the court, in its discretion, may order any person to make it available to the defendant. The court may, upon the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive. The prosecutor may not be required to prepare or disclose summaries of witnesses' testimony.
(6) The prosecutor shall furnish to the defendant no later than 5 days before trial or at a later time as the court may for good cause permit, together with their statements, a list of the names and addresses of all persons whom the prosecutor intends to call as rebuttal witnesses to evidence of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity or the defense that the defendant did not have a particular state of mind that is an element of the offense charged.
2. The Omnibus Memorandum states:
“In compliance with MCA 46-15-322, the State shall immediately and on a continuing basis:
- Disclose the names, addresses and statements of the State’s witnesses (including experts) that the State may call as witnesses in their case-in-chief.
- Disclose and make available for inspection all physical or documentary evidence in the State’s possession that the State may use at trial or which was obtained from or belonged to the Defendant.
- Disclose all oral, written or recorded statements made by Defendant to investigating officers or to third persons.
- Disclose all exculpatory evidence known to the State, including evidence that would tend to reduce the Defendant’s potential sentence.
3. The State has failed to meet this immediate and continuing obligation. MCA 46-15-329 provides for sanctions:
“46-15-329. Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:
(1) ordering disclosure of the information not previously disclosed;
(2) granting a continuance;
(3) holding a witness, party, or counsel in contempt for an intentional violation;
(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or
(5) declaring a mistrial when necessary to prevent a miscarriage of justice.
(1) ordering disclosure of the information not previously disclosed;
(2) granting a continuance;
(3) holding a witness, party, or counsel in contempt for an intentional violation;
(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or
(5) declaring a mistrial when necessary to prevent a miscarriage of justice.
4. In State v. Waters (1987), 228 Mont. 490, 495, 743 P.2d 617, 620, the Montana Supreme Court stated that the purpose of Montana's discovery scheme is to enhance the search for truth. In addition, the Montana Supreme Court stated: “Such discretion allows the court to consider the reason why disclosure was not made, whether the noncompliance was willful, the amount of prejudice to the opposing party, and any other relevant circumstances.” State v. Waters, 228 Mont. at 495, 743 P.2d at 621.
5. The State willfully ignored the discovery requests of William M. Windsor. The prejudice to him is severe as he is burdened with the obligation to finalize his witness list and evidence list by May 22, 2015, and he has essentially nothing with which to work.
6. This Court must sanction the State. The State has nothing to lose in this case, but William M. Windsor could spend the last years of his life in the Montana State Prison. At age 66, the stakes for him could not be much higher.
7. This failure by the State has significantly violated William M. Windsor’s right to due process.
WHEREFORE, William M. Windsor prays that this Court enter an order that:
- the State must immediately disclose all information not previously disclosed;
- the State may not use any documents as evidence other than the 14 pages provided to the Defendant prior to the filing of this Motion; and
- grant such other relief as the Court feels is appropriate.
Dated this 12th day of May 2015,
_________________________
William M. Windsor
Bill Windsor set out to film a movie exposing government, judicial, and law enforcement corruption. He traveled to every state (except Alaska), and he filmed over 750 stories of corruption and has thousands more who wanted to be filmed.
Evil people,some working for various government entities and committing crimes, set out to destroy Bill Windsor and the movie, Lawless America. Bill Windsor has been defamed online in the largest case of defamation in U.S. history.
His life has been threatened many times.
A UNIVERSITY OF MONTANA EMPLOYEE, Sean Boushie, attempted to murder Bill Windsor.
Sean Boushie then falsely claimed that Bill stalked him, threatened him with a gun, and a host of other lies.
Corrupt courts gave Sean Boushie a Temporary Order of Protection.
It expired on September 16, 2013, but corrupt Montana and Texas folks pretended it still existed, and a bench warrant was issued for unsuspecting Bill.
Bill Windsor was put into the Ellis County Texas Jail illegally for 53 days as a political prisoner -- held for extradition.
William M. Windsor was then unlawfully held in the Ada County Idaho Jail for 35 days and then illegally handed over to two Missoula County Montana Sheriff's Deputies on March 25, 2015.
He was held there for 46 days (a grand total of 134 days behind bars).
He escaped (on bond) at 11:30 am on May 9, 2015.
The State of Montana has filed five criminal charges against William M. Windsor for sending a Tweet, publishing the UNIVERSITY OF MONTANA EMPLOYEE's name (the would-be killer Sean Boushie) four times, sending a legal notice email to a University of Montana attorney, and filming the movie and the pilot for a TV show that will expose Montana as the most corrupt state in the country.
“Law enforcement” had LawlessAmerica.com removed from the Internet. This website contains over 1,400 articles exposing corruption.
Bill Windsor worked with a friendly offshore hosting company to return the website to the Internet outside the clutches of American evildoers.
He wasn't so lucky when Facebook removed the movie page falsely claiming it promoted nudity, pornography, and solicitation of sex ... or when AT&T canceled the email that he used on everything related to the movie for years falsely claiming he violated their Terms of Service."
Source of Post
http://www.lawlessamerica.com/index.php?option=com_content&view=article&id=1565:bill-windsor-has-been-denied-evidence-in-his-criminal-trial-in-missoula-county-montana&catid=1:latest-news
Looks to me Like the Missoula County Attorney Office is in SERIOUS Violation of Civil Rights, Due Process Laws, the First Amendment, the 14th Amendment, and LOT's MORE.
More At
missoulamontananews.blogspot.com
AND
http://www.lawlessamerica.com/
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