Bill Windsor has filed a motion to dismiss the criminal charge against him for not giving his website to Sean Boushie

Bill Windsor has filed a motion to dismiss the criminal charge against him for for not giving his website to Sean Boushie. 

In Montana, courts may allow you to steal the property of others.  It’s a new concept called lie your a$$ off and take whatever you want that belongs to someone else.

Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny…

Here is the Motion that has been filed.  Joomla and Microsoft Word don’t get along well, so forgive spacing and numbering.  The filing was correct.

This is the alleged crime, that on October 2, 2014, I did not give my website to Sean Boushie. 

The short story to this is that I set up www.SeanBoushie.com as the website for the TV show that I went to Missoula Montana to film.  Owning and operating a website is a Constitutionally-protected activity.  The bogus protective order issued against me on August 23, 2013 expired.  Even if it hadn’t expired, it did not require me to do anything with my website without due process.  That is a fundamental violation of the Constitution.  The State of Montana has no evidence or testimony to prove that anyone ever asked me to give up my website, and their obligation is to prove that I did not do so for the purpose of commiting a crime.  That’s a joke.

MONTANA FOURTH JUDICIAL DISTRICT COURT

MISSOULA COUNTY

State of Montana,                                 §        Dept. No. 3

          Plaintiff,                                       §        Cause No. DC-14-509

   v.                                                           §       

William Michael Windsor,                 §        MOTION TO DISMISS

          Defendant.                                  §        CHARGE #3 – WEBSITE

                                                                                                                

          COMES NOW William M. Windsor, Defendant, who files this “Motion to Dismiss Charge #3 – Website,” and shows the Court as follows:

INTRODUCTION

1. William M. Windsor has been simultaneously charged with five protective order violations. (See DC-14-509 Docket # 1, 2, 3, 4, and 5.)
   
2. There are many reasons why this and all the charges should be dismissed. Other grounds have been or will be presented in separate motions. This motion simply addresses the specific reason why this unique charge must be dismissed.

FACTUAL BACKGROUND

1. The charge reads: “On or about the 2nd day of October, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant has not released control of the website www.seanboushie.com to Sean Boushie, a third or subsequent offense.”
2. On August 23, 2015, William M. Windsor was served with a Temporary Order of Protection. It clearly stated twice that it expired on September 16, 2013.
3. The TOP was appealed all the way to the Montana Supreme Court. The Montana Supreme Court remanded the matter to the Missoula Municipal Court on June 10, 2014 (Case # DA-13-0785). No hearing was ever held to make the TOP permanent. Montana law says a temporary order of protection may last for a maximum of 20 days. If the expiration date was stayed due to the appeals, it expired in late June 2014, and there was no order of protection on October 2, 2014.
4. On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the website is Sean Boushie. He says he never requested that William M. Windsor release control of the website. He gave no testimony to indicate that anyone else had.
5. No one ever asked William M. Windsor to release control of a website until Judge James A. Haynes did on March 27, 2015. William M. Windsor reached an agreement with the State to remove the content from the websites until this matter is resolved, even though there was no protective order.

ARGUMENT

A.  AN EX PARTE TEMPORARY ORDER OF PROTECTION MAY NOT REQUIRE A PERSON TO RELEASE PROPERTY THAT HE DOES NOT CONTROL.

1. The Temporary Order of Protection (“TOP”) on which the charges are based does not require William M. Windsor to release www.seanBoushie.com. A true and correct copy of the TOP served on William M. Windsor is attached as Exhibit A hereto.
2. The TOP clearly shows seanboushie.co, which was not owned or controlled by William M. Windsor. William M. Windsor could not be expected to give control of something he did not own.
3. As the TOP did not require William M. Windsor to release control of something he had no control over, this did not violate a protective order.
4. This charge must be dismissed.

B.  NOWHERE IN THE TEMPORARY ORDER OF PROTECTION DOES IT STATE THAT WILLIAM M. WINDSOR MUST RELEASE ANYTHING PRIOR TO A HEARING, AND THERE WAS NEVER A HEARING.

1. Nowhere does any so-called “order of protection” state that William M. Windsor must release control of the website www.seanboushie.co or www.seanboushie.com to Sean Boushie by any specific date or in any specific manner or prior to notice and an opportunity to be heard. No one ever asked William M. Windsor to do anything in this regard. Exhibit 29 on the Flash Drive in the folder named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant in this case is a Motion to Dismiss in which William M. Windsor states that there was never a hearing as required by law, and there were no grounds for a permanent order of protection because it had to be based on a history of violence, and there was none. There was no legal way for William M. Windsor to be permanently required to release his property.
2. This charge must be dismissed.

C.  THE TEMPORARY ORDER OF PROTECTION WAS VAGUE.

1. The TOP was vague, as William M. Windsor stated in his sworn Motion on August 26, 2013. [A true and correct copy of the Motion for Modification filed in the underlying case on August 26, 2013 where William M. Windsor asked the court to clarify the TOP is on the Flash Drive — Exhibit 41 in the folder named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant in this case.] The TOP was never modified to make it clear.
2. There is no explanation of what “released” means. There is no date given for a “release.” There is no indication that this requested relief somehow takes precedence over the very clear law that required a hearing within 20 days.
3. There is no indication that this requested relief somehow takes precedence over William M. Windsor’s personal and business property rights.
4. This charge must be dismissed.

D.  WILLIAM M. WINDSOR DID NOT REFUSE TO RELEASE CONTROL OF WWW.SEANBoushie.COM KNOWINGLY AND PURPOSELY WITH THE INTENT TO VIOLATE A PROTECTIVE ORDER AND COMMIT A CRIME.

1. A key element that the State must prove is that William M. Windsor “knowingly and purposely” violated the protective order – that he intended to commit a crime.
2. William M. Windsor did not do anything purposely or knowingly. William M. Windsor is well-versed in certain aspects of Constitutional law, including due process. Due process requires notice and an opportunity to be heard. A person may not have their property taken without notice and an opportunity to be heard. Therefore, William M. Windsor could not be required to release control of his personal property until there was a hearing.
3. William M. Windsor has sworn that he never did anything to knowingly and purposely violate a protective order. William M. Windsor did not even own www.seanBoushie.co.
4. This charge must be dismissed.

E.  A WEBSITE DOES NOT VIOLATE MONTANA LAWS ON STALKING, SO USE OF A WEBSITE MAY NOT CONSTITUTE A VIOLATION OF A PROTECTIVE ORDER.

1. Montana laws on protective orders are to promote safety and protection of all victims of stalking. Stalking is following someone or mailing, emailing, or having electronic communication with the protected person. Exposing someone online as a cyberstalker and pathological liar who has committed hundreds of crimes online does not fall anywhere in the definition of “stalking.”
2. This charge must be dismissed.

F.   STATEMENTS ON A WEBSITE ARE A CONSTITUTIONALLY-PROTECTED ACTIVITY, SO IT MAY NOT BE RESTRICTED BY A PROTECTIVE ORDER.

1. Montana law states very clearly (MCA 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. Blogging or publishing on a website cannot be restricted based upon the First Amendment to the United States Constitution. Similar protection is in the Montana Constitution.
2. The Montana Supreme Court has ruled that blogging by William M. Windsor is a Constitutionally-protected activity.(Windsor v. Boushie, DA 13-0618 (Mont. 02/25/2014).)

“…the offense of stalking does not apply to a constitutionally protected activity, § 45-5-220(2), MCA, and, as the District Court noted, the blogging alleged here involved First Amendment ‘free speech’ rights with which [Windsor and Boushie] each appear familiar and in which they regularly engage.” (Windsor v. Boushie, DA 13-0618 (Mont. 02/25/2014).)

1. No judge can legally order anyone to not post, print, or display the name of a person. 
2. There is no basis whatsoever to take away a website that cites facts and provides evidence.
3. No court has the right to require the media to stop publishing or give its websites to those whom the media is exposing, especially when there can be no proof that anything that William M. Windsor has published is false.  Freedom of the press protects the right to obtain and publish information or opinions without government censorship or fear of punishment. This constitutes prior restraint, and Near v. Minnesota, 283 U.S. 697 (1931) holds that prior restraints are unconstitutional, except in extremely limited circumstances such as national security issues.
4. The Montana Supreme Court’s previous decision in Windsor v. Boushie is that blogging is not stalking and cannot be denied by any order of protection. Therefore, you darned sure can’t take away William M. Windsor’s website.
5. This charge must be dismissed.  Exhibit 12 in the folder on the Flash Drive named Missoula Montana Criminal Case filed by the Defendant with the Motion to Quash Bench Warrant) did not require William M. Windsor to release the website.

G.  ANY PROTECTIVE ORDER THAT DENIES CONSTITUTIONALLY-PROTECTED DUE PROCESS IS VOID AND OF NO EFFECT.

1. SeanBoushie.com has been William M. Windsor’s property, and no court has the right to take someone’s property without due process of law. This type of relief cannot be ordered on an ex parte basis. Due process requires notice and an opportunity to be heard. William M. Windsor had no notice, and he was never heard.  Therefore, William M. Windsor is very confident that he had no such obligation. In fact, Missoula County Montana Judge Karen Townsend seems to agree because the Order (Exhibit 12 in the folder on the Flash Drive named Missoula Montana Criminal Case filed by the Defendant with the Motion to Quash Bench Warrant) did not require William M. Windsor to release the website.
2. This charge must be dismissed. 

CONCLUSION

1. William M. Windsor never knowingly and purposely violated a protective order. Jennifer Clark swore to Judge Karen Townsend that William M. Windsor knowingly and purposely refused to release control of his website to violate a protective order, but it was a false sworn pleading by Jennifer Clark.

PRAYER

WHEREFORE, William M. Windsor prays that Charge #3 – Website be dismissed; and for such other relief as the Court feels is appropriate.

This 24th day of August 2015,

_________________________

William M. Windsor

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For a quick update on Bill Windsor’s saga and upcoming 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.

Photo copyright KregerThacker.com

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William M. Windsor

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 FABOJ