From: John Murtari (jmurtari@AKidsRight.Org)
Date: Thu Oct 04 2007 - 16:59:31 EDT
Good People & People of Faith, [ /NOTE: normally group messages are always sent in just 'text' format. This message is being sent in a simple HTML format so that hyperlinks would be easier to display. If you are having problems receiving such messages please let us know. This message is brief. A lot of FEEDBACK was received on the Winkler case and that will be sent out next week/. This is an excerpt from material at the web site <http://www.AKidsRight.Org/clinton>.] John Murtari's <http://www.AKidsRight.Org/resume_jm.htm> trial was yesterday, Oct 3rd, for the two chalk writing incidents <http://www.kids-right.org/clinton/complain3.pdf> and also for contempt of a US Magistrate's Order <http://www.kids-right.org/clinton/complain2.pdf>.* *John could not afford to pay for counsel and none was assigned*. * Some member of the group submitted some good case law to John, especially a decision from the US 9th Circuit Court of Appeals*, */ MacKinney v. Nielsen, 69 F.3d 1002 <http://www.kids-right.org/clinton/chalk_case.pdf>/. John was being charge under 41 CFR 102-74.380(b) <http://a257.g.akamaitech.net/7/257/2422/22jul20061500/edocket.access.gpo.gov/cfr_2006/julqtr/41cfr102-74.380.htm>* *with 'destroying or damaging' government property. In it's decision the 9th Circuit clearly states, / "No reasonable person could think that writing with chalk would damage a sidewalk." /Before testimony began, John made a motion to the Court for dismissal and the Court reserved ruling till later. US Magistrate Judge Gustave DiBianco did not appear ready to proceed on the Contempt charge although both John and the Asst. US Attorney, Mr. Richard Southwick, were ready. Both asked that a pending contempt charge for an incident on Sep 27th be consolidated with this one. After further discussion the Judge and prosecutor decided to 'wait' for the contempt trial. Trial proceeded just on the chalk incidents. The facts at trial were pretty much in line with the incidents as they have been described below <http://www.AKidsRight.Org/clinton>. Under cross-examination the Building Manager did admit that no 'repairs' were necessary and the effort to removed the chalk was just 'cleaning'. At the end of the trial the Judge asked the prosecutor if he had anything to submit regarding the motion for dismissal. He did and was given till Friday (the 5th) to submit any memorandum of law. John would have a chance to reply. The Judge then said he would call everyone back at a later date for a decision. No future trial date was set for the Contempt charges. No time frame was given and it was not clear at all to John when this might happen? No further events are planned by John for the remainder of this year. He hopes to travel and see his son next month and have his son home at Christmas time... "Our" effort should resume in early January and John hopes another Mom & Dad will join him in the Federal Plaza. -- John Murtari ____________________________________________________________________ Coordinator AKidsRight.Org jmurtari@AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/ ======================================= Newsletter mailing list Newsletter@kids-right.org subscribe/unsubscribe info below: http://kids-right.org/mailman/listinfo/newsletter
This archive was generated by hypermail 2b30 : Sun Jan 06 2008 - 03:12:01 EST