Wisconsin '98 Regional – U.S. v. Masel

Case docs from the 'Group Use' permit defense of Ben Masel, cited at a regional gathering in Wisconsin, August 1998. This defense went forward with a pre-trial Motion for dismissal filed in February '99, which the Court denied in its June '99 ruling. On this basis the case went to Magistrate trial in Madison, on 24 Aug. '99. ((Case No. 98-10014-X-01, U.S. District Court, Western District of Wisconsin))

Masel Discovery by Scottie Addison — last modified 2011-03-21 11:42 PM

Documents conveyed to Masel's attorney per discovery requests... sent by the Assistant U.S. Attorney, received on 12 August 1999.

Motion to Dismiss, 10 Feb.'99 by Scottie Addison — last modified 2011-03-21 11:57 PM

A simple 1-page motion for dismissal of the charge against Masel, on the grounds that "the regulation upon which his citation is based are both facially unconstitutional and unconstitutional as applied." . . . . . . . [MoDism_masel-10fe99.pdf]

Brief in Support of Motion to Dismiss, 10 Feb.'99 by Scottie Addison — last modified 2011-03-22 12:03 AM

Defense attorney's pre-trial Brief filled with Motion to Dismiss... argued in part that Masel could not sign a permit due to 'Rainbow Family' beliefs in non-hierarchy, and the inability of the Defendant to speak or act for other gathering participants. _ _ _ _ _ [Masel_BrfMoDismiss-fe99.pdf]

Affidavits: Masel & Goodwin, Feb.'99 by Scottie Addison — last modified 2011-03-22 12:05 AM

Affidavits of Defendant Ben Masel and witness Cris Goodwin, attached to the Brief as Exhibits A & B. _ _ _ _ _ [Affs_Masel+Goodwin.pdf]

Government Brief Opposing Motion to Dismiss, 11 Mar.'99 by Scottie Addison — last modified 2011-03-22 12:12 AM

Full title: "Government's Memorandum in Opposition to Defendant's Motion to Dismiss" - filed 11 Mar.'99 _ _ _ _ _ [GovMemo_OppDism-mr99.pdf]

Reply Brief of Defendant in Support of Motion to Dismiss, 24 Mar.'99 by Scottie Addison — last modified 2011-03-22 12:18 AM

Defendant's Brief in Reply to Government Brief (24mr99). _ _ _ _ _ [Masel_RplyMoDismiss-mr99.pdf]

OPINION AND ORDER, 7 June '99 by Scottie Addison — last modified 2011-03-22 12:21 AM

Magistrate's preliminary ruling on Masel's pre-trial Motion to Dismiss, determining that the beliefs of a group do not exempt it from compliance with the NGU permit requirement; decided and filed on 7 June 1999. Upon this denial of the dismissal. motion, the case proceeded to trial on 24 August 1999. _ _ _ _ _ [Masel_preOpinion-jn99.pdf]

Masel Trial Options – sca, 23 Aug.'99 by Scottie Addison — last modified 2011-03-22 12:38 AM

PCU_/Free Assemly Project went to Madison to assist with the trial... this memo was conveyed to Masel and his attorney the day before. It anticipated the arguments and facts needed to balance the defects in the pre-trial record – especially the implications that "Rainbow Family" was a 'Group' under this regulation – and offered further testimony to put the defense on a stronger footing. Some points were used in trial, but not enough to win. _ _ _ _ _ [Options_sa-23au99.html]

Strider's Memo on Facial Law, Oct.'99 by Scottie Addison — last modified 2011-03-22 12:44 AM

Strider had successfully defended his NGU citation from the Arizona '98 Rainbow Gathering (U.S. v. Linick, Cr.# 98-502-1-PCT-RGS, Dist. Ariz.). He conveyed this memorandum to Masel's attorney in October 1999, encouraging their appeal and advising on 'facial' issues in the regulation, and on Masel's standing for a challenge on these 1st Amendment grounds. _ _ _ _ _ [Strider_FacialLaw-oc99.pdf]

District Ct. Appeal - MEMORANDUM and ORDER, 16 Mar.'00 by Scottie Addison — last modified 2011-03-22 12:50 AM

Masel appealed the Magistrate's pre-trial ruling and trial conviction to the District Court... (Briefs to be obtained). The District Judge issued this ruling in March 2000, upholding the conviction. Masel understood the weaknesses in his defense, and chose not to carry the appeal further to the 7th Circuit. _ _ _ _ _ [Masel_DistAppl_Order-00316.pdf]