Judge James A. Haynes has dismissed three felony criminal charges against Bill Windsor.
Two misdemeanor charges are still being considered for dismissal…
I didn’t have time to read the order initially. But I read the last page to learn that Judge James A. Haynes dismissed the three felony charges that could have had me spend six years in the Montana State Prison in “beautiful” Deer Lodge Montana, just North, South, East, and West of the Montana boonies. The town does, however, have the World’s Largest Railroad Spike proudly displayed “downtown.”
There were five charges. In Montana, your first two protective order “crimes” are misdemeanors. You have to be convicted. I wasn’t, but the Persecutor charged two misdemeanors and three felonies. Not legal or nice. But what’s relevant now is that I am down to two misdemeanors. This means I WON’T GO TO PRISON! The maximum penalty for each misdemeanor is six months in the Missoula County Detention Center and $500 fine. I don’t plan to be found guilty of anything since I didn’t commit any crimes, but I have already spent 134 days in the slammer, so eight month would be the max. And I can’t imagine serving another day. That said, the Missoula County Detention Center is quite nice. The food is excellent. Their mattresses actually have padding in them. The cells are nice, and the cell doors are open to the common area virtually the entire day. It was by far the best of my three jails.
Judge James A Haynes dismissed the charges for the alleged Tweet. (Aw shucks, I can no longer hold the title of The World’s Most Notorious Tweeter.”) And he dismissed the two charges where Sean Boushie’s name was published online in two legal documents.
He got a lot of the facts wrong and ignored the excellent law that I presented. So, don’t take pages 2, 3, 4, 5, 6, and 7 at face value.
The charges that could still be dismissed are the email of a required legal filing to the University of Montana attorney and not giving Sean Boushie my TV show website. From reading his order, I think these charges will be dismissed as well.
On the email charge, Judge James A. Haynes wrote that the “TOP contains no prohibition from emailing documents to an attorney at the University of Montana about a matter in litigation. … Frankly, the Court is having trouble connecting the allegations in Count V to anything related to protecting Sean Boushie. Moreover, the blanket reference to “U of M Staff” appears overly broad.”
On the website charge, Judge James A. Haynes wrote: “The District Court… expresses concern that Windsor (or the website’s legal owner) has or may have a property interest in this site…. The ‘release the website’ condition may have been inartfully considered as it does nothing to prevent Windsor’s ongoing ..use of the several other websites and Facebook accounts listed by Sean Boushie to which Windsor has ongling access. Finally, Windsor appears to have the defenses that this condition is overly broad since Boushie never sought “release” in his application for order of protection….”
Judge James A. Haynes claims the TEMPORARY Order of Protection (“TOP”) was valid for 546 days. No way, but that’s what he says on the last page of the order.
I am very happy to say this is a big deal. What has just happened is that a lowly pro se defendant charged with three felonies facing six years in prison has won against a hotshot county prosecuting attorney. Things like this just don’t happen — to me or to many people. Judge James A. Haynes obviously did the right thing on three of the charges, and I hope he will do the right thing on the other two.
I had a feeling the order was coming because after hearing nothing from her for weeks, I got an email yesterday from Jennifer Clark, the prosecutor, saying she was sending some documents that I had been requesting. That told me that there was likely an order coming and that she knew at least one of the charges was still pending.
And if the other two charges aren’t dismissed, I will get to try the case in front of a jury on January 4, 2016. That is an experience that I will enjoy immensely.
Images copyright Friends of Bill Windsor
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-Seemail@example.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 Bill Windsor’s Twitter account is www.twitter.com/lawlessamerica. And click here for the Lawless America Facebook page that has just magically reappeared.
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