missoula-county-sign-cropped-forget-the-rapists-get-tweeters-200w

Bill Windsor files Reply to the Response of the State of Montana to his Motion to Quash Bench Warrant in Tweet-Gate Case

missoula-county-sign-cropped-forget-the-rapists-get-tweeters-200w 

Bill Windsor filed a Motion to Quash the Bench Warrant to dismiss the outrageous made-up criminal charges against Bill Windsor for Tweeting, Emailing, and publishing the name “Sean Boushie.”  The Missoula County Attorney’s Office sent their crack Legal Intern Tyler Dugger to file the Response to that Motion.  Now Bill Windsor files his Reply to the Response.  

There’s some good humor buried in here, so it’s worth a read as Bill shows that he isn’t afraid to call a spade a spade or a judge corrupt…

This is a legal filing that is a matter of public record.  The Joomla software that LawlessAmerica.com uses doesn’t like legal format copy and paste from Microsoft Word, so numbering and spacing is not accurate as shown below:

Cause No. dc-14-509

STATE OF MONTANA                                   §      FOURTH Judicial District Court

v                                          §      Department 3

William M. Windsor                              §      MISSOULA County MONTANA

                                                                                      

REPLY TO RESPONSE TO MOTION TO QUASH BENCH WARRANT

Now comes William M. Windsor (“William M. Windsor” or “Defendant”) and files this Reply to Response to Motion to Quash Bench Warrant (“REPLY”), and shows the Court as follows:

INTRODUCTION

  1. Missoula County Attorney Kirsten Pabst is quoted in the Missoulian as saying that the Missoula County Attorney’s Office must be very careful in filing criminal charges against alleged rapists without overwhelming evidence because once charges are filed, it is impossible to unring that bell. Well, the bell can’t be unrung in this matter, but this Court can at least stop the ringing. This matter is, in some ways, even more serious than rape. According to the U.S. Department of Justice, the average time served by convicted rapists in state prisons is 5 years. The penalty for William M. Windsor’s exercise of his Constitutionally-protected rights is expected to be a death sentence.
  2. Sean Boushie committed massive perjury when he appeared ex parte before Judge Sam Warren in Missoula Montana and claimed Bill Windsor had a gun, was stalking him and his wife, and was pointing his gun at them and threatening to shoot them.  This never happened.  And William M. Windsor was never given notice or an opportunity to be heard.  There was never a hearing. Judge Sam Warren was likely snookered, but every judge since has simply been corrupt. No honest judge in his or her right mind could allow Sean Boushie to have a protective order or deny a protective order to Bill Windsor.

THE STATE OF MONTANA HAS FAILED TO SHOW THAT IT CAN MEET

ANY OF THE ELEMENTS REQUIRED

FOR THE CRIME OF VIOLATION OF A PROTECTIVE ORDER.

  1. MCA 45-5-626. Violation of order of protection requires: “(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 in 40-4-121 or an order of protection under Title 40, chapter 15.”
  2. Element #1 – Knowledge of the Order.
  3. William M. Windsor has stated since September 16, 2013 that there is no protective order. When William M. Windsor was detained in Ellis County Texas on alleged violation of an order of protection, he asked to see the alleged protective order because he told them that there was a temporary order but it has expired. No protective order was ever produced. It wasn’t until Legal Intern Tyler Dugger filed the State’s RESPONSE to the MOTION TO QUASH that William M. Windsor even learned what the alleged order of protection is. So, the first element fails. The Bench Warrant must be quashed and the charged must be dismissed as William M. Windsor had no knowledge of the order.
  4. Element #2 — An order of protection must exist.
  5. Legal Intern Tyler Dugger at last revealed what protective order it is that Montana’s Missoula County Attorney’s Office is claiming William M. Windsor violated. It is the Temporary Order of Protection (“TOP”) issued 534 days ago, the one that expired after 20 days. [MOTION TO QUASH, Exhibit 13 in the folder named Missoula Montana Criminal Case.] The statute is very clear that a TOP is good for 20 days and may not be extended for 534 days. So, the second element fails. The Bench Warrant must be quashed and the charged must be dismissed as an order of protection did not exist.
  6. Element #3 – The order of protection must be pursuant to MCA Title 40 Chapter 15.
  7. The alleged order of protection fails to meet the requirements of MCA Title 40 Chapter 15.
  8. MCA 40-15-201. Temporary order of protection. (1): “A petitioner may seek a temporary order of protection from a court listed in 40-15-301.” Black’s Law Dictionary defines temporary as “that which is to last for a limited time only, as distinguished from that which is perpetual, or indefinite, in its duration.” 20 days is a limited time. 534 days with no end in sight is perpetual and indefinite in duration and is NOT TEMPORARY.
  9. MCA 40-15-201 (4): “The court may, without requiring prior notice to the respondent, issue an immediate temporary order of protection for up to 20 days if the court finds, on the basis of the petitioner’s sworn petition or other evidence, that harm may result to the petitioner if an order is not issued before the 20-day period for responding has elapsed.” A TEMPORARY Order of Protection may be issued “for up to 20 days.”   Burton’s Legal Thesaurus, 4E. Copyright 2007 by William C. Burton defines “up to” as “until.” So, a TOP was only valid until 20 days elapsed.
  10. 40-15-202. Order of protection — hearing — evidence. (1): “A hearing must be conducted within 20 days from the date that the court issues a temporary order of protection.” “At the hearing, the court shall determine whether good cause exists for the temporary order of protection to be continued, amended, or made permanent.” “Must be” is defined as “absolutely required.” A hearing was absolutely required within 20 days, and there was no such hearing in 534 days.
  11.  MCA 40-15-301 (4): “An action brought under this chapter may be filed in the county where the petitioner currently or temporarily resides, the county where the respondent resides, or the county where the abuse occurred.” Petitioner Sean Boushie resided in Stevensville Montana. Respondent William M. Windsor resided in Box Elder, South Dakota. The alleged stalking occurred in Ravalli County Montana. There was no jurisdiction.
  12. MCA 40-15-301 (6): “An order of protection issued under this section is effective throughout the state. Courts and law enforcement officials shall give full faith and credit to all orders of protection issued within the state.” William M. Windsor was in Montana from August 4 – 27, 2013, and none of the charges are for that time.
  13. 40-15-303. Registration of orders. . (1): “The clerk of court, justice of the peace, municipal court judge, or city court judge shall, within 24 hours of receiving proof of service of an order under 40-15-201, 40-15-204, or 40-15-301, mail a copy of the order or any extension, modification, or termination of the order, along with a copy of the proof of service, to the appropriate law enforcement agencies designated in the order, which shall, within 24 hours after receipt of the order, enter the order into the database of the national crime information center of the United States department of justice and may enter the order into any existing state or other federal registry of protection orders, in accordance with applicable law.” The alleged order of protection was not so registered.
  14. So, Element #3 fails as at least seven of the required provisions were not met.
  15. Element #4 – The order of protection must be valid.
  16. No one and can pretend with a straight face that a 534-day-old TEMPORARY order of protection is valid when MCA 40-15-201 and MCA 40-15-202 say they are valid for only 20 days.
  17. Element #5 – The violation must be committed in Montana or must be recognized as a crime in another state pursuant to the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.
  18. MCA 40-15-301 (6) says that temporary orders of protection are only valid in Montana: “An order of protection issued under this section is effective throughout the state. Courts and law enforcement officials shall give full faith and credit to all orders of protection issued within the state.” [emphasis added.]
  19. The uncontroverted evidence before this Court is that William M. Windsor was in Texas when these alleged crimes occurred. There were no allegations that any crime was committed in Montana.
  20. Both Montana and Texas are two of the 17 states that subscribe to the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act. (See http://uniformlaws.org/Act.aspx?title=Interstate Enforcement of Domestic Violence Protection Orders Act.) The Act has two purposes: (1) to define the meaning of full faith and credit as it relates to the interstate enforcement of domestic violence protection orders, and (2) to establish uniform procedures for effective interstate enforcement. [A true and correct copy of the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act is attached as Exhibit 26.]
  21. Section 3 of the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act requires:

    “(d) A foreign protection order is valid if it:

    (1) identifies the protected individual and the respondent;

    (2) is currently in effect;

    (3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing State; and

    (4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.”

  22. The TOP expired, so it was not currently in effect.
  23. No court had jurisdiction, as explained above.
  24. The TOP was rendered ex parte without notice to Respondent William M. Windsor and without an opportunity to be heard. Therefore, the ex parte TOP by statute has no validity in Texas or any of the 16 other states that have enacted the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.
  25. For an order of protection from another state to be valid in Montana, the order must be filed in a Montana court. The law is similar in Texas. Texas Family Code provides for registration of a foreign protective order in Texas. 
  26. There has been no such registration in Texas, and a 534-day-old TOP simply does not qualify for registration. Montana Annotated Code § 40-15-301 (7) provides: “A certified copy of an order of protection from another state, along with proof of service, may be filed in a Montana court with jurisdiction over orders of protection in the county where the petitioner resides. If properly filed in Montana, an order of protection issued in another state must be enforced in the same manner as an order of protection issued in Montana.” [emphasis added.]
  27. Element #4 – The accused must have purposely or knowingly violated a provision of an order provided for in MCA Title 40 Chapter 15.
  28. Legal Intern Tyler Dugger has acknowledged in the Missoula County Attorney’s RESPONSE that William M. Windsor did not “purposely and knowingly” violate an order of protection:

    “Based upon his motion, memoranda and supporting documents, Defendant has substantial personal doubts about the validity of the order of protection.” [RESPONSE, Unnumbered Page 3, Lines 19-22]

  29. William M. Windsor cannot have committed a crime since he doubts the validity of the TOP as “purposely and knowingly” is a required element.
  30. William M. Windsor stated 19 times in his MOTION TO QUASH that he did not knowingly or purposely violate an order of protection.
  31. The word “knowingly” in law means consciously or with knowledge or complete understanding of the facts or circumstances.
  32. “Purposely” is defined as follows: according to plan, by choice, by design, by will, calculatedly, consciously, deliberately, expressly, intentionally, knowingly, , pointedly, purposefully, studiously, volitionally, voluntarily, willfully, willingly, with forethought, with free will, with intent, with premeditation, wittingly. (Burton’s Legal Thesaurus, 4E. Copyright 2007 by William C. Burton.)
  33. In this case, we don’t have to guess about anything. On the third day after William M. Windsor was served with the TOP, he filed a MOTION FOR MODIFICATION seeking to have the terms of the TOP clarified. [Exhibit to MOTION TO QUASH in the folder named DA-13-0785, four files = DA-13-0785-Windsor-v-Boushie-Appellants-Brief-2014-02-05-Exhibit-3.] His questions and requests for clarification were never addressed. And in the MOTION TO QUASH, William M. Windsor makes it absolutely clear that he did not violate an order of protection at all, much less with the required premeditation.
  34. NONE of the required elements have been met on any of the five charges, so the Bench Warrant must be quashed, and the charges must be dismissed.

ARGUMENT A.   THERE IS NO VALID ORDER OF PROTECTION, AND THE TEMPORARY ORDER OF PROTECTION THAT DID EXIST WAS IMPROPER, VOID, AND/OR EXPIRED, AND IT DID NOT PROHIBIT THE ACTIONS THAT WILLIAM M. WINDSOR HAS BEEN CHARGED WITH.

  1. Legal Intern Tyler Dugger failed to address the points that William M. Windsor made on this argument in his MOTION TO QUASH. Legal Intern Tyler Dugger simply makes the conclusory statement that there is a valid order of protection in place, the TEMPORARY Order of Protection (“TOP”) dated August 21, 2013. [RESPONSE, Unnumbered page 3, Lines 24-25.] He provides no facts, statutes, or case law to support such a false conclusion. There is no provision in Montana law for a TOP to be extended for 534 days.
  2. Legal Intern Tyler Dugger failed to address that the TOP was improper, that it was void, that it expired, or that it did not prohibit the actions that William M. Windsor has been charged with. He failed to address that the TOP does not satisfy the court’s duty to make factual findings and conclusions of law under M. R. Civ. P. 52(a), a violation of the statute and Montana Constitution Section 16. Legal Intern Tyler Dugger failed to address the 20 Montana statutes and one Texas statute necessary for consideration to see that there is no valid order of protection, and the TOP did not prohibit the actions that William M. Windsor is charged with violating. Legal Intern Tyler Dugger failed to address the case law cited by William M. Windsor that establishes that the TOP is a void order. Legal Intern Tyler Dugger failed to address that the TOP is unintelligible.
  3. The State has failed to adequately address this important argument.

ARGUMENT B.   WILLIAM M. WINDSOR’S CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED.

  1. Legal Intern Tyler Dugger ignores the Constitution and claims that what corrupt Missoula County Montana Judge John W. Larson has claimed is valid. It is not.
  2. William M. Windsor is a journalist who was in Missoula filming a television show that is an expose about Sean Boushie and the University of Montana. The evidence is overwhelming. Even Sean Boushie’s sworn affidavit acknowledges that William M. Windsor was filming a documentary.
  3. The TOP violates the First and Fourteenth Amendment rights to free speech and freedom of the press and violated the Montana Constitution .
  4. Legal Intern Tyler Dugger fails to provide any legal support for the outrageous position that William M. Windsor may not publish the name “Sean Boushie.” Legal Intern Tyler Dugger fails to address the rulings of the Montana Supreme Court in Windsor v. Boushie.
  5. The State has failed to adequately address this important argument.

ARGUMENT C.   JUDGE KAREN TOWNSEND VIOLATED THE LAW ON BENCH WARRANTS, AND WILLIAM M. WINDSOR WAS DETAINED IMPROPERLY AS A RESULT.

  1. Legal Intern Tyler Dugger ignored the law presented by William M. Windsor and simply claims that a grand jury indictment was not necessary. He makes the absolutely false claim that the TOP is in place and enforceable after over 500 days when the statutes and the TOP clearly show that it was valid for only 20 days and required a hearing within that time.
  2. Legal Intern Tyler Dugger failed to address the requirements of MCA§ 46-6-201 that were not met; the requirements of MCA § 46-11-201 that were not met; the fact that MCA § 46-6-215 made the warrant applicable only to peace officers in the state; and that MCA§ 46-6-216 was also violated.
  3. Article IV of the U.S. Constitution is not applicable in this case, and Legal Intern Tyler Dugger has cited no case law whatsoever to support such a misguided position. (See paragraphs 22 and 23 above.) What is applicable are the First, Fifth, and Fourteenth Amendments to the U.S. Constitution; Montana law and Texas law specific to orders of protection; and the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.
  4. The State has failed to adequately address this important argument.

ARGUMENT D.   THE EXTRADITION LAWS OF BOTH MONTANA AND TEXAS WERE VIOLATED DUE TO THE BENCH WARRANT, AND WILLIAM M. WINDSOR’S RIGHTS WERE DENIED.

  1. Legal Intern Tyler Dugger did not address this at all. Judge Karen Townsend and/or Judge John W. Larson and the Missoula County Attorney’s Office allowed Ellis County Texas to detain William M. Windsor on an invalid Bench Warrant for 53 days, and due to their improper actions, he was denied a Texas bond and a Montana bond with absolutely no legal authority to do so. The Bench Warrant was issued only to Peace Officers in Montana. The Bench Warrant called only for an arrest in a Montana county. The Bench Warrant was illegal to use to detain William M. Windsor in Ellis County Texas. Yet the Missoula County Attorney’s Office conspired to have William M. Windsor illegally detained, incarcerated, denied bail, and denied release in complete violation of the Uniform Criminal Extradition Act. William M. Windsor was wrongfully imprisoned for 53 days, and he never committed a crime.
  2. The State has failed to adequately address this important argument.

ARGUMENT E. ALLEGED CRIME #1 IS NOT A CRIME, and there was no violation of a protective order.Alleged Crime #1 is publishing a legal document online regarding a man in Michigan that contained the name of Sean Boushie, a defendant in Case #88611 filed on December 26, 2013 in Ellis County Texas.

  1. Legal Intern Tyler Dugger fails to address the specifics presented by William M. Windsor. His conclusory statements are that it is unlawful to violate the conditions of a valid order of protection. There is no valid order of protection.
  2. He falsely claims that the issue of whether there is a valid order of protection has been judicially determined, but this is false. The matter was remanded by the Montana Supreme Court on June 10, 2014 for the required hearing, and there was no hearing. The TOP expired.
  3. Legal Intern Tyler Dugger fails to show how Crime #1 would violate the TOP, and he fails to remind the Court that he has previously acknowledged that William M. Windsor did nothing “purposely or knowingly,” and the charge fails on that basis alone.
  4. Legal Intern Tyler Dugger fails to address the undeniable fact that there is a judicial determination on June 10, 2014 by the Montana Supreme Court that the TOP provided that William M. Windsor could not post about Sean Boushie on www.Sean Boushie.com. He hasn’t. This article was published on www.lawlessamerica.com. The Montana Supreme Court previously ruled in Windsor v. Boushie that blogging is not stalking and cannot be denied by any order of protection.
  5. Legal Intern Tyler Dugger fails to address that Jennifer Clark and he filed a false affidavit with the Court. Legal Intern Tyler Dugger attempts to fake the Court out by not admitting that Jennifer Clark and he falsely claimed that William M. Windsor violated MCA 40-4-121.
  6. Legal Intern Tyler Dugger fails to address how anything that William M. Windsor did in Texas violates a Montana order of protection. He failed to address the fact that Montana protective orders are valid only in Montana.  (Montana Annotated Code § 40-15-301 (6).) he fails to address that ex parte TOPs are not valid in Texas and other states. He fails to address that publishing a legal document in an online magazine is not a “post.”  He fails to show where the TOP says William M. Windsor may not “post Sean Boushie’s name online.” The TOP doesn’t say this. There is nothing in the TOP that says William M. Windsor cannot publish legal documents or cite what other people have published about Sean Boushie anywhere. He fails to address the undeniable fact that the Montana Supreme Court has ruled in Windsor v. Boushie that blogging by William M. Windsor is a Constitutionally-protected activity.
  7. Legal Intern Tyler Dugger fails to address that Montana law states very clearly (Montana Annotated Code § 45-5-220) that stalking does not apply to Constitutionally-protected activity. Freedom of speech and freedom of the press are the most fundamental of the Constitutionally-protected activities. Any ruling by any court that violates Constitutional rights is void.
  8. The State has failed to adequately address this important argument.

F.   ALLEGED CRIME #2 IS NOT A CRIME, and there was no violation of a protective order. Alleged Crime #2 is publishing a legal document online that contained the name of a defendant in a lawsuit.

  1. Paragraphs 51 to 58 above apply to this argument as well.
  2. The State has failed to adequately address this important argument.

ARGUMENT G. ALLEGED CRIME #4 IS NOT A CRIME, and there was no violation of a protective order.. Alleged Crime #4 (a felony) is using Twitter to send a Tweet.

  1. Legal Intern Tyler Dugger fails to address the specifics presented by William M. Windsor. His conclusory statements are that it is unlawful to violate the conditions of a valid order of protection. There is no valid order of protection.
  2. He falsely claims that the issue of whether there is a valid order of protection has been judicially determined, but this is false. The matter was remanded by the Montana Supreme Court on June 10, 2014 for the required hearing, and there was no hearing. The TOP expired.
  3. Legal Intern Tyler Dugger fails to show how this action would violate the TOP, and he fails to remind the Court that he has previously acknowledged that William M. Windsor did nothing “purposely or knowingly,” and the charge fails on that basis alone.
  4. Legal Intern Tyler Dugger fails to address the undeniable fact that there is a judicial determination on June 10, 2014 by the Montana Supreme Court that the TOP provided that William M. Windsor could not post about Sean Boushie on www.Sean Boushie.com. He hasn’t. This article was published on www.lawlessamerica.com. The Montana Supreme Court previously ruled in Windsor v. Boushie that blogging is not stalking and cannot be denied by any order of protection. William M. Windsor did not send such a Tweet.  When the TOP was still valid, it prohibited only a “post.”   A Tweet is not a “post.”  A post is defined as “to publish a message in an online forum or newsgroup.”  There is nothing in the TOP to prohibit William M. Windsor from publishing Sean Boushie’s name in a Tweet; all the TOP prohibits is this: “Respondent shall not post Petitioner’s name on liv.” We do not even know what “on liv” means. There is nothing in the TOP that says someone unknown to William M. Windsor may not Tweet the name of Sean Boushie, or post it, or publish it, or anything else.
  5. Legal Intern Tyler Dugger again fails to address that Jennifer Clark and he filed a false affidavit with the Court. Legal Intern Tyler Dugger attempts to fake the Court out by not admitting that Jennifer Clark and he falsely claimed that William M. Windsor violated MCA 40-4-121.
  6. Legal Intern Tyler Dugger fails to address how anything that William M. Windsor did in Texas violates a Montana order of protection. He failed to address the fact that Montana protective orders are valid only in Montana.  He fails to show where the TOP says William M. Windsor may not “post Sean Boushie’s name online.” The TOP doesn’t say this. A Tweet is a message sent to people who have subscribed to receive them. There is nothing in the TOP that says William M. Windsor cannot send a message to people who have signed up with Twitter to receive messages from him. He fails to address the undeniable fact that the Montana Supreme Court has ruled in Windsor v. Boushie that blogging by William M. Windsor is a Constitutionally-protected activity.
  7. Legal Intern Tyler Dugger fails to address that Montana law states very clearly (Montana Annotated Code § 45-5-220) that stalking does not apply to Constitutionally-protected activity.
  8. The State has failed to adequately address this important argument.

ARGUMENT H. ALLEGED CRIME #5 IS NOT A CRIME, and there was no violation of a protective order. Alleged Crime #5 (a felony) is sending an email. 

  1. Legal Intern Tyler Dugger fails to address the specifics presented by William M. Windsor. His conclusory statements are that it is unlawful to violate the conditions of a valid order of protection. There is no valid order of protection.
  2. Legal Intern Tyler Dugger falsely claims that the issue of whether there is a valid order of protection has been judicially determined, but this is false. The matter was remanded by the Montana Supreme Court on June 10, 2014 for the required hearing, and there was no hearing. The TOP expired. He falsely claims that the issue has been judicially determined that sending a legally-required email to an attorney violated the TOP. There has been no such determination, and if there was, it would be a fraud.
  3. Legal Intern Tyler Dugger fails to show how this action would violate the TOP, and he fails to remind this Court that he has previously acknowledged that William M. Windsor did nothing “purposely or knowingly,” and the charge fails on that basis alone.
  4. There is no order of protection that restricted sending emails to attorneys required by federal law. An order that requires someone to violate a federal law is a void order.
  5. Legal Intern Tyler Dugger failed to address that Montana law provides that orders of protection may apply only to the applicants. (Montana Annotated Code 40-15-116, 40-15-101, 40-15-102.) Attorney Claudia Denker-Eccles was not a victim nor was she an applicant, so this does not apply to her. Legal Intern Tyler Dugger failed to address that legal mail is not restricted by Montana protective order statutes. Legal Intern Tyler Dugger failed to address that William M. Windsor was required by Federal Rules of Civil Procedure Rule 5 to send the legal documents to Attorney Claudia Denker-Eccles. 
  6. The State has failed to adequately address this important argument.

ARGUMENT I. ALLEGED CRIME #3 IS NOT A CRIME, and there was no violation of a protective order. Alleged Crime #3 (a felony) is not giving control of Bill Windsor’s TV show website to Sean Boushie.

  1. Legal Intern Tyler Dugger fails to address the specifics presented by William M. Windsor. His conclusory statements are that it is unlawful to violate the conditions of a valid order of protection. There is no valid order of protection.
  2. Legal Intern Tyler Dugger failed to show where the TOP required William M. Windsor to release website www.Sean Boushie.com to Sean B**&shie, as the TOP clearly shows www.seanboushie.co, which is not owned or controlled by William M. Windsor.
  3. Legal Intern Tyler Dugger failed to show that William M. Windsor ever received any such request, and he failed to address how an ex parte TOP can require William M. Windsor to give personal property to Sean Boushie without notice and an opportunity to be heard at a hearing, as is required by both the U.S. and Montana constitutions. An ex parte petition by a serial liar cannot be used by any court to take away a person’s property.
  4. Legal Intern Tyler Dugger falsely claims that the issue of whether there is a valid order of protection has been judicially determined, but this is false. The matter was remanded by the Montana Supreme Court on June 10, 2014 for the required hearing, and there was no hearing. The TOP expired.
  5. Legal Intern Tyler Dugger fails to show how this action would violate the TOP, and he fails to remind the Court that he has previously acknowledged that William M. Windsor did nothing “purposely or knowingly,” and the charge fails on that basis alone.
  6. The State has failed to adequately address this important argument.

ARGUMENT J. William M. Windsor is the victim of fraud upon the court.

  1. Legal Intern Tyler Dugger didn’t dare address this issue because the evidence is so overwhelming. So, he was kind enough to leave this to the discretion of the Court, a polite way of admitting it is all true.
  2. This isn’t a case of Sean Boushie making a little misstatement; this is a case where Sean Boushie completely and totally invented the story that he gave to Judge Sam Brown to obtain the TOP. And this isn’t a case of an incompetent judge. This is the case of a corrupt Judge, Judge John W. Larson of Missoula Montana, who has committed the crimes of obstruction of justice, misprision of felonies, perjury, subornation of perjury, and more as well as many violations of the Code of Judicial Conduct.

CONCLUSION

  1. Let’s call a spade a spade. This case is a witch hunt by a Kangaroo Court.
  2. According to “60 Minutes,” the Missoula County Attorney’s Office prosecuted only 14 of 85 sexual assault cases in four years – 16%. But the Missoula County Attorney’s Office has prosecuted 100% of Tweet cases, Email cases, and publishing a person’s name cases (State of Montana v. William M. Windsor). In the entire history of federal and state appellate court decisions, no one has ever been denied the right to publish a person’s name.
  3. This Court issued a Bench Warrant improperly. There was no order of protection presented to the Court for a necessary review. There was no examination of Legal Intern Tyler Dugger or Assistant Missoula County Attorney Jennifer Clark, neither of whom could testify as to facts and who obviously never read the files in the protective order case and its appeals. Legal Intern Tyler Dugger wrote on Unnumbered Page 8. Lines 1-3: “Dismissing charges requires more than a Defendant’s individual conclusion that no crimes were committed.” Gee, what about bringing charges and having William M. Windsor illegally incarcerated, denied bail, and denied release for 53 days because of the illegal acts of the Missoula County Attorney’s Office? The simple truth is that there was no violation of any law, and to ruin William M. Windsor’s life and require that he remain “wanted” for the rest of his life or until he is again illegally detained on these ridiculous charges, is wrong and must be fixed by this Court now. Besides losing his entire family over this, being branded a felon “on the run,” and requiring that he live in hiding as long as the Bench Warrant exists, this Bench Warrant will cause William M. Windsor to be unable to pursue civil litigation that he expects will result in an award of better than $100 million. Bringing charges requires far more than what the Missoula County Attorney’s Office did. Maintaining these chares required that the Missoula County Attorney’s Office establish that it can meet the elements of the alleged crimes, and they failed to meet a single element in any of the alleged crimes.
  4. Legal Intern Tyler Dugger claims that William M. Windsor violated a TEMPORARY Order of Protection executed 534 days ago, and he cites MCA 40-15-201. [Unnumbered Page 9, Lines 3-6.] MCA 40-15-201 (4) clearly says:
  5. 534 – 20 = 514. Get serious. The TOP expired.
  6. What this case is about is an attempt by corrupt judges, corrupt law enforcement, and corrupt attorneys and would-be attorneys to illegally stop William M. Windsor from exposing that he considers Montana to be the most corrupt state in America and that Sean Boushie is paid by the University of Montana to stalk, cyberstalk, harass, threaten, and shoot at people, including William M. Windsor.
  7. The State has failed to meet its burden, and the Bench Warrant must be quashed, and all charges must be dropped.

OBJECTION TO REQUEST FOR A HEARING ON THIS MATTER

  1. William M. Windsor objects to Legal Intern Tyler Dugger’s request for a hearing in this matter.
  2. William M. Windsor will not return to Montana so the corrupt people there can arrest him on bogus charges.
  3. Contrary to the unsworn allegation of Legal Intern Tyler Dugger, William M. Windsor is not a fugitive. A fugitive commits a crime and leaves a state. William M. Windsor was never arrested on the Bench Warrant, and he was released from his illegal incarceration after 53 days. He is under no legal obligation to surrender himself in Texas or Montana or anywhere else.
  4. And one final note. Legal Intern Tyler Dugger claims William M. Windsor’s attitude toward courts is well-known. This must be stricken as must all alleged statements of fact as Legal Intern Tyler Dugger has not sworn to a thing. The truth is that William M. Windsor is loved by honest judges, honest law enforcement, and honest prosecutors in America because he is exposing the corruption. He is hated by the corrupt judges, corrupt law enforcement, and corrupt prosecutors. Heaven forbid that William M. Windsor believes corruption and dishonesty has no place in our judicial system or with law enforcement and that dishonest attorneys of all types should be tried for perjury and subornation of perjury. What would America come to if we actually had the rights that the Constitution and Bill of Rights claim we have? William M. Windsor respectfully submits that Legal Intern Tyler Dugger has no business being an attorney. He apparently wouldn’t understand a Constitutionally-protected right if it bit him on the….  He should move right from law school into a position as a Montana judge where he would get to ignore the facts and the law and say and do whatever in the world it is that he wants, destroying lives in the process.

 PRAYER

  1. William M. Windsor prays that this Court is an exception to the rule in Montana and issues a decision based upon the facts and the law.
  2. William M. Windsor prays that this Court render a decision based upon the MOTION TO QUASH, the RESPONSE, and this REPLY.
  3. William M. Windsor prays that this Court quash the Bench Warrant and order all charges to be dropped.
  4. William M. Windsor prays that the Bench Warrant be removed from any database that might cause other law enforcement authorities to act improperly on that Montana-only warrant.
  5. William M. Windsor prays that this Court find Tyler Dugger and Jennifer Clark in contempt for filing a false sworn pleading
  6. William M. Windsor prays that this Court issue a bench warrant for Tyler Dugger and Jennifer Clark for false swearing.
  7. William M. Windsor prays that this Court order the Missoula County Attorney’s Office to fully investigate the alleged crimes of Sean Boushie and Judge John W. Larson.
  8. William M. Windsor asks this Court to grant such other relief as the Court feels is appropriate.

 

Submitted this 7th day February, 2015,

_________________________________

William M. Windsor

5013 S Louise Ave #1134, Sioux Falls, SD 57108, currently confidential, email: WindsorInMontana@yahoo.com

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For more information, see:

Nobodies.us – U.S. Government Corruption – Corrupt Judges — Dishonest Government Officials — Whistleblower Productions — Slanderella — Slanderfella — Joeyisalittlekid

Ellis County Texas — Ellis County Texas Corruption — Ellis County Texas District Attorney Patrick Wilson — Ellis County Texas Jail — Ellis County Texas Judge Bob Carroll — Ellis County Mafia — Ellis County Texas Sheriff Johnny Brown, Missoula County Judge John W. Larson, Allie Overstreet — American Mothers Political Party — Betsi Bixby — Brandy Owen — Brannon Bridge — Brenda Williamson — Carrie Walters — Casey P. Hargrove — Cheryl Sosby — Claudine Dombrowski — Clyde Hargrove — Connie Bedwell — Curtis W. Butler — Dale Trowbridge — David Hargrove –Deanna Kloostra — Deborah Parks — Diane Gochin — Gail Lakritz — Hargrove Real Estate — Jay Hoskins — Jennifer Dotson — Kathy A. Carroll — KC Hargrove — Kellie McDougald — Kimberly Wigglesworth — Kinley Hardin — L Wilson — Lorraine Tipton — Loryn Ryder — Madeline Hargrove — Mark Supanich — Mary Bagnaschi — Megan Van Zelfden — Melanie White — Michelle Stilipec — Morgan Hargrove — Nancy Rolfe — Renee Harrington — Sam Round — Sean D. Fleming — Shannon Miller — Shonda Hargrove — Sid Wallingford Gray — Stacy Emerson — Trinity Baker

Contact Bill Windsor at Pro-Se-1@outlook.com – www.LawlessAmerica.com — www.facebook.com/billwindsor1 – www.youtube.com/lawlessamerica — www.imdb.com/title/tt2337260/ — www.LawlessAmerica.org — www.twitter.com/lawlessamerica — www.BillWindsor.com

If you don’t know the story of Bill Windsor‘s illegal incarceration, please read it.  Part 1 is the background to the story.  Part 2 discusses when Bill Windsor was handcuffed and taken to jail from a hearing in a civil suit that he filed against the people who have viciously defamed him in what is the largest case of defamation in U.S. history.  Part 3 details early days in jail and attempts to get someone/anyone to help; the conspiracy to keep William M. Windsor in jail begins to come to light.  Part 4 covers events from November 26, 2014 through December 2, 2014 as the corruption of Judge Bob Carroll erupts in full bloom.  Part 5 introduces Ellis County Texas District Attorney Patrick Wilson as a corrupt district attorney.  Part 6 leads to a December 19, 2014 at which Bill Windsor was ordered released by Judge Cindy Ermatinger.  Bill Windsor was never arrested, just illegally incarcerated for 53 days — a political prisoner!

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.com.  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

Photo copyright Harris Decals

 

William M. Windsor

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I, William M. Windsor, am not an attorney.  This website expresses my OPINIONS.   The comments of visitors to the website are their opinions and do not therefore reflect my opinions.  This website does not provide legal advice.  I do not give legal advice.  I do not practice law. This website is to expose corruption in government, law enforcement, and the judiciary. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed.  Despite of my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website.  The law is a gray area at best.  Please read our Legal Notice and Terms.

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