Before I get into a great deal of my own history, I thought it prudent to explain why it is a global Montana conspiracy that I am speaking of and not just something personal. Afterall, it is paramount that you recognize that I am not just spouting off paranoid delusions. The foundation for believability is credibility and I hope this post will set that groundwork.
First, let me play the Riddler: When is a justice system not a justice system? Answer: When it is not pursuing justice.
Okay, I know that's lame but it's vital to what follows. There are some fairly basic civil liberties that everyone who is U.S. citizen has by default - they are guaranteed through the United States Constitution. For instance, when you are accused of a crime, there are mandatory steps that the government must exhaust in order to prosecute you.
The first of these is as follows:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..." Fifth Amendment to the United States Constitution.
Essentially, this right assures that noone will ever lose their freedom or liberty upon a baseless accusation - the allegation must be presented to a panel of citizens who review the allegation to determine whether there is a reasonable belief that a crime was committed by the accused. If not, the government cannot pursue prosecution.
The second of these is as follows:
"[N]o Warrants shall issue, but upon probable cause.." Fourth Amendment to the United States Constitution.
This one is a bit more vague, but it's been long established that it means that any individual accused of a crime has a right to challenge probable cause. In other words, the individual has the right to appear in court to challenge any allegation against them. This is typically done through a preliminary examination hearing. This hearing's purpose is for the Court to establish that there is probable cause that a crime was committed by the accused.
The difference between these two steps is crucial: the first establishes whether there are facts enough to support the prosecution, while the second establishes whether there is law to support it. These are both critical elements to permit an innocent man or woman from being wrongfully incarcerated.
However, Montana has unilaterally deprived its citizens of these basic civil liberties. Pursuant to Montana law, specifically MCA Section 46-11-201, " The prosecutor may apply directly to the district court for permission to file an information against a named defendant... If it appears that there is probable cause to believe that an offense has been committed by the defendant, the judge or chief justice shall grant leave to file the information..."
Essentially what this does is assure that noone in the State of Montana can have a grand jury hearing or opportunity to challenge probable cause. This strips Montana citizens of their civil rights and permits agents of the State to incarcerate anyone upon a simple signed statement alleging that a crime was committed, regardless of whether one was committed or not!
This system was not created to deal with me personally, but its existence permitted the corrupt officials of the City of Kalispell, MT, and Flathead County to imprison me to quash my legal claims against them. This is an ideal system for a corrupt authority to forever protect itself against ever being held accountable for its misdeeds - if an individual challenges them politically, imprison him or her. Hold him or her indefinitely until a conviction can be secured, and thereafter any claims he or she has against the corrupt authority can never be raised so long as that conviction remains - it becomes an underlying element of the conviction (ie, vexatious litigation) and civil remedies cannot be used to undermine a criminal conviction...
This is what happened to me - on Februrary 20, 2004, after almost eight months of fighting with the local authorities of Kalispell and Flathead County, it was deemed necessary to exercise their authority to imprison me. I was detained for sixteen months before I even saw trial, which permitted the authorities to tamper with and bury evidence and witnesses who could exonerate me, and to also manufacture their own witnesses against me. I was falsely convicted in July, 2005, of sexual assault, though there was an abundance of evidence to prove my innocence and the machinations of the authorities - yet I was assigned a public defender (Eduardo Gurtierrez-Falla, aka, Ed Falla) who adamantly refused to in any way challenge the improprieties of the State.
Today, I remain a political prisoner of the State of Montana, even though I discharged a five year commitment to prison for a crime I did not commit! I remain now under fifteen year "probationary" and suspended sentences (more on that in my next post - ie, double jeopardy). My liberty remains restricted and though I have more freedom, I am not yet free...
I learned a few days ago also that the State supreme court finally got around to denying my direct appeal. No surprise there, since to reverse my conviction would be giving me free leave to attack the entire corrupt structure. The present state of affairs in Montana is that Montana is a rogue state, operating as a gestapo-style regime. Noone in this State is safe from the persecutions of the "Good Ol' Boy" system of "justice". And as such, this is why I have named this blog "The Great Monspiracy"...
Hopefully, I will be able to post more on all of this tomorrow...
Ciao for now,
Political Prisoner since 2004