34 Franklin St.
Lyons, NY 14489
October 18, 2003
Honorable Gustav J. DiBianco
US Magistrate Judge RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396
Dear Judge DiBianco:
I last wrote to the Court on July 31st as part of Motion papers I had
submitted. I tried to be brief and I won't repeat those comments here, but I
hope you have had time to review that material.
On Thursday I received a copy of the reply from the Federal Public Defender's
office and I don't quite know what to make of it? About a month ago an attorney
who had represented me in State Court suggested I ask the SU Law Clinic for help
in my case and I had not followed up on that suggestion. I have now done so and
have attached a copy of my letter.
I wish to address some issues that I had hoped to bring up in our originally
scheduled conference but that did not seem appropriate during the arraignment.
But my biggest concern is the increase in animosity during the proceedings this
month. I have been threatened with immediate jail in violation of any procedure
and been described as a threat to safety in the community? You have asked me
repeatedly from the bench if I want to be jailed or become some type of martyr?
I feel a loss of "civility" in what is going on in the courtroom.
Let me make clear that I do not want to go to jail or to become some type of
martyr. No more than when I was a Captain in the United States Air Force that I
sought to be killed or become a martyr for America. Now, as then, I am
performing what I believe is a deeply held duty - to be a father to my son and
to help others through reform of our system of family law. That is why I am
there and why I will continue to be there. I also appreciate your duty as a
Judge and the duty Mr. Southwick has a prosecutor. But let us all please
understand there are no "bad" people in the courtroom.
I am also trying to set a positive example to others in how to achieve
reform. In a time where so many people feel violence against others is justified
when "rights" are violated - that a willingness to risk personal
sacrifice while demonstrating love for others can be more effective.
Please understand that I do NOT "set the schedule" for my
activities in the Federal building. A little 10 year old boy has set that agenda
for me who also aches to have a normal relationship with his father. I am
humbled by my own lack of Faith in my cause and belief in my methods - if I had
stronger Faith I would be there every day to continue my efforts. I have never
had a desire to delay the proceedings because in the back of my mind my schedule
to see my son is always at stake. For me to "play games" would invite
deserved disaster.
I regret this matter always seems to come to trial during the Holiday season
and I hope jail can be avoided during those times. Right now I have tickets for
my Mom and I to see Domenic for the Halloween weekend this month (I hope it will
be our first Halloween together in 5 years). I hope to have him with me here for
a couple of weeks at Christmas time. I also know it is not my right to avoid
jail during those times. Please understand I need no reminders that my activity
puts these special times at risk - that thought is always foremost in my mind.
Regarding the conference issues:
- Could the court reword the stay away order to make it more limited in
scope. Obviously it was issued after an event that involved other people.
Could it be reworded to prohibit disorderly or other illegal conduct with
others?
- Could the court reword the order to be more specific. Obviously I have
been consistent in my language regarding my intentions. I am there to
"petition my Member of Congress." Could that phrase be added to
the list of prohibitions regarding marching, demonstrating, picketing, or
protesting. That would avoid "sophist" arguments since we would
both be using the same words.
- Stop the arrests. I feel the only "status quo" that does justice
to the rights of both sides in this matter is one that allows me to
continue. Certainly the government had demonstrated a willingness to
tolerate that conduct in the past. They have all the resources here and have
not been consistent in their actions, I have.
- Discovery - Mr. Southwick has said he was going to supply written
complaints for the matters coming to trial and also police reports and video
tapes. I understand the delay in assigning counsel, but I hope that material
will be coming soon.
- Jury request - Ms. Peebles had told me my trial "violation" was
too small a matter for a trial by jury in the Federal system. I do want to
make it clear that if any of the charges would allow a trial by jury - that
is my request.
- Original motions - We had discussed this earlier. I hope the court will
rule on them soon.
I will be in the Court on Thursday at 10AM, per the original schedule. But I
assume the problem with counsel will result in some delay? Also, through counsel
I would plan on submitting a motion for the appointment of another Judge in this
matter that would include the activity of the past few weeks.
Respectfully yours,
John Murtari 635-1968, x-211
http://www.AKidsRight.Org/
Attach: Letter to SU Law Clinic
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