Bill Windsor seeks to dismiss the criminal charge against him for publishing six words

Bill Windsor seeks to dismiss the criminal charge against him for publishing six words. 

In the history of the United States of America, no one has ever been criminally prosecuted for writing or speaking the name of a person or animal.  But I am! The charge is completely and totally ridiculous

But seven years in the Montana State Prison is not funny at all…

Here is the Motion to Dismiss that has been filed — Exhibit A — Exhibit B. 

Joomla and Microsoft Word don’t get along well, so forgive spacing and numbering.  The filing was correct.

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 #1 – PUBLISHING

                                                                                                                

          COMES NOW William M. Windsor, Defendant, who files this “Motion to Dismiss Charge #1 – Publishing,” 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 4th day of May, 2014, the above-named Defendant (William M. Windsor) 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 posted an article on his website, www.lawlessamerica.com, authored by himself, which mentioned Sean Boushie three times.”

2. Exhibits 9 and 10 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant are true and correct copies of the Affidavit and Information filed in this case.

3. On May 4, 2014, an article was published on LawlessAmerica.com about ***** of Madison Heights Michigan. The article reprinted a public legal filing in which *** used the name “Sean Boushie” three times. These were quotes of a defendant in a lawsuit.

4. On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the publishing is Sean Boushie. He says he googled his name, found the article, and printed it. He gave no testimony to indicate who published the articles other than to say the LawlessAmerica.com website belongs to William M. Windsor.  The Temporary Order of Protection (“TOP”) on which the charges are based does not prohibit publishing the words “Sean Boushie.” A true and correct copy of the TOP served on William M. Windsor is attached as Exhibit A hereto.

ARGUMENT

A.  THE TEMPORARY ORDER OF PROTECTION DOES NOT PROHIBIT PUBLISHING THE NAME “SEAN BOUSHIE” OR ONLINE IN A LEGAL DOCUMENT.

1. Nowhere does any so-called “order of protection” state that William M. Windsor cannot publish the words “Sean Boushie.”

2. Nowhere does any so-called “order of protection” state that William M. Windsor cannot publish an article that contains a legal document filed in a court and made a public record.

3. As the TOP does not prohibit publishing the words or legal documents, the published article cannot violate it.

4. If the TOP was ever valid, it prohibited only a “post.” A published article on LawlessAmerica.com 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 on his website; all the TOP prohibits is this: “Respondent shall not post Petitioner’s name on liv.” Or “on lit.” William M. Windsor does not even know what “on liv” or “on lit” means.

5. On June 10, 2014, the Montana Supreme Court ruled in DA-13-0785 that the TOP provided that William M. Windsor could not post about Sean Boushie on www.SeanBoushie.com. He hasn’t. The State’s copy of a download of www.SeanBoushie.com shows that nothing was published on the website after August 23, 2013 when William M. Windsor was served with the TOP.

6. This charge must be dismissed.The State has no evidence to show that William M. Windsor published this article. Sean Boushie is the only witness with knowledge of this article, and his knowledge is that he printed it off the Internet.

B.  THE STATE HAS NO EVIDENCE THAT WILLIAM M. WINDSOR PUBLISHED THIS ARTICLE.

1. This charge must be dismissed.The Montana Supreme Court ruled on February 25, 2014 in Windsor v. Boushie that William M. Windsor’s blogging is not stalking and cannot be denied by any order of protection.

“…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).)

C.  THE MONTANA SUPREME COURT HAS RULED THAT BLOGGING CANNOT BE DENIED BY A PROTECTIVE ORDER.

1. This charge must be dismissed.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.

D.  THE TEMPORARY ORDER OF PROTECTION WAS VAGUE.

1. If the TOP was to prohibit publishing the name “Sean Boushie” in a legal document, the TOP should have said so. “On liv” or “on lit” or “on it” should have been clarified. William M. Windsor sought clarification three days after the Top was served, eight months before this article was published, and the court never addressed the requested clarification.

2. This charge must be dismissed. 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.

E.  WILLIAM M. WINDSOR DID NOT PUBLISH THE WORDS “SEAN BOUSHIE” KNOWINGLY AND PURPOSELY WITH THE INTENT TO VIOLATE A PROTECTIVE ORDER AND COMMIT A CRIME.

1. 22.Here’s the article that Alleged Crime #1 refers to:  ***** Correction and Retraction Demand from William M. Windsor — *****.  Exhibit 15 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant is a true and correct copy of this article.   Exhibit 16 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant is a true and correct copy of the Second Request for Admissions to *****, which is what the article is about.
2. This was falsely portrayed to Missoula County Montana Judge Karen Townsend. This is not a “post” as can be clearly seen by examining the document. This is a 20-page article written and published on a news website.  [Exhibit 17 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant is a true and correct copy of the About Page for the website.] The article is about *****; it has nothing to do with Sean Boushie.  The opening of the article says “The information printed here is from my Second Request for Admissions to *****, and it seeks to have him to admit to the defamation.”  So, this is an article that reprinted a legal document served on *****, a Request for Admissions.  Because ***** had made several defamatory statements about William M. Windsor, these had to be addressed.  [Exhibit 18 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant is a true and correct copy of Page 12 of the 20 pages, and it lists Request for Admissions numbers 231, 236, and 237.]  ***** had published that William M. Windsor was retained by Lawless America Association to kill Sean Boushie.  This is an outrageously false claim as William M. Windsor was never involved in any such thing. 236 and 237 had to do with two other statements by ***** about Sean Boushie.
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. When William M. Windsor learned in January 2015 that the words “Sean Boushie” appeared in this article, he immediately redacted them. A true and correct copy of the redacted article is Exhibit B hereto.
5. William M. Windsor published at least 150 articles from August 23, 2013 when the TOP was served until January 31, 2015. The words “Sean Boushie” do not appear in any of those articles. William M. Windsor published hundreds of articles on Facebook from August 23, 2013 when the TOP was served until January 31, 2015. The words “Sean Boushie” do not appear in any of those articles. If William M. Windsor intended to publish the words “Sean Boushie,” he could have done so hundreds or thousands of times, but he didn’t. He used “Sushie” or “UNIVERSITYOFMONTANAEMPLOYEE” whenever he referred to him. William M. Windsor did not publish any articles on LawlessAmerica.com from August 23, 2013 to April 14, 2014 waiting for the hearing on a permanent order of protection after publishing over 700 articles in 2012 and 2013.
6. This charge must be dismissed.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.”

F.  PUBLISHING THE WORDS “SEAN BOUSHIE” DOES NOT VIOLATE MONTANA LAWS ON STALKING, SO IT MAY NOT CONSTITUTE A VIOLATION OF A PROTECTIVE ORDER.

1. This charge must be dismissed.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.

G.  PUBLISHING ON A WEBSITE IS A CONSTITUTIONALLY-PROTECTED ACTIVITY, SO IT MAY NOT BE RESTRICTED BY A PROTECTIVE ORDER.

1. The Montana Supreme Court has ruled in Windsor v. Boushie that blogging by William M. Windsor is a Constitutionally-protected activity.

2. No judge can legally order anyone to not post, print, or display the name of a person. 

3. No court has the right to require the media to stop publishing, 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.

4. This charge must be dismissed.

5. Montana Annotated Code 40-4-121 is cited but does not apply as anyone who reads it can see. “TITLE 40. FAMILY LAW CHAPTER 4. TERMINATION OF MARRIAGE, CHILD CUSTODY, SUPPORT – Part 1. Separation — Dissolution of Marriage. 40-4-121. Temporary order for maintenance or support, temporary injunction, or temporary restraining order. It provides various things in regard to ‘…a proceeding for dissolution of marriage or for legal separation or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage….’”

6. William M. Windsor was not ever involved in marriage, child custody, or support with Sean Boushie or Wynette Boushie. Yet Tyler Dugger and Jennifer Clark cited this on each of the five alleged offenses.

7. 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 #1 – Publishing 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.

Image copyright Friends of Bill Windsor

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William M. Windsor

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 FABOJ