I have been lax with my posts to this blog, primarily because my time on the Internet has recently been taken up in laying a foundation for a new nonprofit project I am starting up, GameHearts, a nonprofit gaming group promoting adult sobriety. I have been working on creating an Internet presence (primarily email addresses and trying to locate a good source to make public promotions through) and have not been writing on here.
As always, I try to put something on here at least once a day, but there will be times (at least until I can acquire my own computer and net connection) where I will be forced to dedicate my time to other projects. This project is very important to me because it is my only chance to publicize this information, so it is not for lack of priority that I have not been working on here - it is simply that I do not have enough access to do this and other projects that need completion also. Sometimes, I must make difficult choices in prioritizing things...
At any rate, there is information that I needed to post on here regarding my criminal appeal. I actually received this information a little over a week ago, but have not had the time to post anything about it... Until now.
As has been previously posted, my criminal appeal waited for three years to be ruled upon. And "conveniently" the final order was issued the day after my release from my five year commitment. Personally, I believe this was intentional - the powers-that-be in the State of Montana willfully withheld judgment until it was assured that I served the full five year sentence. It does not make sense that the order would come immediately after my release otherwise.
Also as noted, the Montana Supreme Court ignored two critical issues raised on appeal, along with several lesser parts of the issues they did address. I pointed these omissions out to my appellate counsel, William Hooks, but he ultimately decided not to file a motion for reconsideration. Since in Montana an individual represented by counsel cannot file pro se (self-represented) motions, this act compelled me to file a motion to remove my attorney of record and for an extension of time to file my own motion for reconsideration. The Supreme Court denied this motion, claiming that my time to respond had expired.
However, I have received information that proves that my motion arrived before the Court closed the action. Mr. Hooks wrote to me with a copy of the Remittur (the order closing a case that, at least in Montana, precludes any further action being taken in the cause). This Remittur though is dated March 17, 2009. I mailed in my motions on March 12, 2009, which (even allowing for mail delays) would have been delivered to the Court no later than March 16, 2009. Which means, the Court received my motion seeking extension of time before the cause was closed, and that the Remittur was actually issued in response to receipt of my motions!
This proves yet again that even the Montana State Supreme Court is duplicit in the corruption in the State. Faced with inarguable issues that would have overturned my conviction, the Court elected to refuse to respond to those issues. And when called upon to consider a reconsideration, the Court issued an order to block it. The Montana State Supreme Court has already acted on five separate occasions to refuse to supervise the misconduct of the Flathead District Court (Eleventh Judicial District Court of Montana), and now has even gone further to defend a false conviction. And the only justifiable reason for any of this is that officials in this State consider me a threat to their corrupt authority and are willing to take exceptional measures to assure that I am deprived the means to challenge their misconduct. Even when the state supreme court has only to rule against the misconduct of the lower court, still they will violate standards of state and federal law to support the entrenched corruption rampant in this State.
This is why I have said that I am an enemy of the State - not because of any real crimes I have committed, but because those in power are abusing their control to deprive me of the opportunity to clear my name and to challenge the misconduct directed against me in an impartial environment.
For the record, I am in the process of preparing a motion to have a separate civil cause (in pursuit of my business assets), one that has continuously been blocked by the local court, removed to federal court. This is my only hopes of ever seeking a fair hearing upon any issue in Montana, though my past experience even with the federal courts has shown a sympathetic leaning toward the status quo within the State. Only time will tell if this will continue now that I am no longer incarcerated. I will update this thread when that action is filed (should be this week).
I will wrap this up for now and hope to get back to my normal thread tomorrow. But since I cannot seem to dedicate time on a day to day basis, I cannot make promises. All I can try to do is try...
Ciao for now.
Political Prisoner since 2004