Bill Windsor files Motion to Dismiss due to Statute of Limitations

Bill Windsor has filed a Motion to Dismiss one of his criminal charges due to expiration of the Statute of Limitations.

Deputy Missoula County Prosecutor Jennifer Clark screwed the pooch.

Jennifer Clark originally charged Bill Windsor with violating a protective order on October 2, 2014, the day charges were filed….

Then after reading Bill Windsor’s Brief explaining when the so-called Temporary Order of Protection expired, she amended the charges to say Bill Windsor violated the protective order on August 24, 2013.

Two problems.  First, she apparently didn’t expect Judge James A. Haynes to dismiss three of the charges.  Those dismissals reduced this bogus charge to a misdemeanor, as it should have been charged in the first place.  But to be able to extradite Bill from Texas, she had to trump up a felony charge.  Well, that just bit her in the butt because she forgot to factor in the Statute of Limitations.  In Montana, the Statute of Limitations on misdemeanors is one year.  One year from August 24, 2013 is August 23, 2014.  Uh oh.  The charges were not filed until October 2, 2014.  The Statute of Limitations expired, and this bogus charge must be dismissed.  The ball is in the court of Judge James A. Haynes.  Once this charge is dismissed, there is only one bogus charge left — sending legal documents to an attorney by email.  A heinous crime if there ever was one.

Here is the Motion to Dismiss due to Expiration of the Statute of Limitations:

William M. Windsor, Defendant, files this “Motion to Dismiss Charge #1 – Website due to Statute of Limitations,” pursuant to Montana Code Annotated (“MCA”) 45-1-205(2)(b), with incorporated Brief in Support.  Windsor contacted the prosecutor’s office for concurrence, and Ms. Clark stated that she will oppose this motion and did not have the time to justify the opposition.

1. MCA 45-1-205(2)(b) requires that “A prosecution for a misdemeanor must be commenced within 1 year after it is committed.” (Milanovich v. Milanovich, (1982), 201 Mont. 332, 334, 655 P.2d 963, 964.) (See also State v. Poncelet, 187 Mont. 528, 610 P.2d 698 (Mont. 04/24/1980); Dexter v. Shields, 92 P.3d 1208, 322 Mont. 6, 2004 MT 159 (Mont. 06/22/2004); State v. Hamilton, 830 P.2d 1264, 252 Mont. 496 (Mont. 01/14/1992).)
2. Statute of Limitations has just become a defense in this case as the November 13, 2015 Second Amended Information [Docket #157] charges Count #1 as a misdemeanor. The State indicates this alleged crime was committed on August 24, 2013, over one year prior to the October 2, 2014 charge. The original Information said the alleged crime took place on October 2, 2014.
3. The substantive criminal statute is MCA 45-5-626: “(1) A person commits the offense of violation of an order of protection if the person, with knowledge of the order, purposely or knowingly violates a provision of any order provided for … under Title 40, chapter 15.” The explicit language of this statute precludes any claim that the offense is a continuing one. If it was a violation as charged, that violation took place on August 24, 2013.

A particular offense should not be construed as continuing “unless the explicit language of the substantive criminal statute compels such a conclusion, or the nature of the crime involved is such that [the legislature] must assuredly have intended that it be treated as a continuing one.” (Toussie v. United States (1970), 397 U.S. 112, 115, 90 S.Ct. 858, 860, 25 L.Ed.2d 156, 161, citing United States v. Scharton (1932), 285 U.S. 518, 52 S.Ct. 416, 76 L.Ed. 917.

1. In State v. Larson (1989), 240 Mont. 203, 783 P.2d 416, the criminal offenses at issue occurred in October 1985. No charges were filed, however, until February 1988. At trial, the court reduced a theft charge from felony to misdemeanor after receiving evidence of the value of the items taken. In our opinion upholding the conviction, we stated, “[a]s a general rule, a defendant may not be convicted of a lesser included offense when the statute of limitations has run on that offense but not on the larger offense charged.” Larson, 240 Mont. at 205, 783 P.2d at 417, citing the Criminal Law Commission Comments to § 45-1-205, MCA. (State v. Moga, 1999 MT 283 (Mont. 11/23/1999).)
2. The statute of limitations is a jurisdictional issue. Milanovich v. Milanovich, supra. The alleged crime was committed on August 24, 2013 and was not charged until October 2, 2014. This Court has no jurisdiction as the statute of limitations on this misdemeanor expired.
3. In addition, the Second Amended information does not comply with the law. MCA 46-11-205 requires an affidavit stating facts that show the existence of probable cause to support the charge as amended. There is no affidavit.

WHEREFORE, for the reasons stated above, William M. Windsor requests that this Court order that Charge #1 is dismissed and order that Windsor has no restrictions on his websites.

This 2nd day of December 2015,

 William M. Windsor

---

I will be doing a special filming after the trial in Missoula.  I want to try to get as many victims as possible to come to the trial.  Then we will film a group session followed by filming of individual stories.  So, if you are in Montana or have friends there, please ask them to participate.  January 5-6, 2016.

Bill Windsor has been suspended from Facebook for 30 days for publishing something that he didn’t publish.  So, for all the news, come here. 

Image copyright Friends of Bill Windsor

---

For a quick update on Bill Windsor’s saga and his trial, see this summary on LawlessAmerica.com.

If you want to reach Bill Windsor, his home address is 5013 S Louise Ave #1134, Sioux Falls, SD 57108.  That mail gets forwarded to him once a week.  His email is Pro-Se-1@outlook.comThis. His phone is currently confidential, but it is not answered; messages are checked by dialing in to Verizon from a state far, far away, and Bill receives an email with the name, number, and one sentence summary of each message.

For the Lawless America videos, see www.YouTube.com/lawlessamerica.  Bill Windsor’s Facebook page is www.facebook.com/billwindsor1  Bill Windsor’s Twitter account is www.twitter.com/lawlessamerica.  And click here for the Lawless America Facebook page that has just magically reappeared.

{jcomments on}

---

William M. Windsor

---

 FABOJ