Personal tools
You are here: Home I. The Right to Gather 6_Gathering Storms in Court WY '08 Rainbow Gathering Wyoming Legal Defenses
Document Actions

Wyoming Legal Defenses

by Scottie Addison last modified 2009-12-01 10:26 AM

A handful of stout defendants persisted against prosecutions coming out of the gathering... partial case archives from the defenses of Fox, Kamamura, Riggs, Stanley, & Kellogg.

    On 7/2/08 Dale Kellogg was pulled out of car, tasered, beaten, arrested and charged in a parking area of the Gathering.  He was jailed for 7 days; originally 7 charges were lodged against him, but at arraignment 4 were supposedly dropped but reserved for a Grand Jury.
    On 7/3/08 Skye Laurel Riggs and Rose Stanley were caught up in the Kiddie Village melee and given 3 citations each, for Interfering/Resisting/Inciting.  Skye was tackled standing next to her tent, Rose was peppersprayed and taken down moments later walking up the trail.

    These cases have dragged on for over 14 months, and these defendants have persisted... PCU_FAP assisted in securing usable affidavits and videos in their support.  The intent was to induce the US Attorney to drop these cases -- which should have been done long ago.

Notations, 24se09:

-- Apparently charges against Skye Laurel Riggs and Rose Stanley have finally been dismissed WITHOUT PREJUDICE.  1 charge is missing from Stanley's Dismissal... Riggs' Order grants "Leave" for Dismissal, but she got no final Order yet, for closure... and they don't know (and fear) the conditions under which the charges might be reinstated.  These matters are not quite resolved.  [Dismissal docs awaited]

--  However Dale Kellogg (Crim.No.  2:08-M-6513) was to be sacrificed:  They offered a bad Pre-Trial Diversion deal, and he wasn't going to stipulate to guilt and waive rights if he was innocent.
His lawyer immediately filed a Motion to Withdraw on 8/28, and Magistrate McKee immediately granted it on 9/4 (before his Reply opposing this could get there on 9/10), maintaining the trial date of 9/28.
That date was then converted to a Hearing still requiring his appearance, by a new Order (~9/18)... so around 9/21 he got notice by mail that he had to appear without counsel in 5 business days.  (?!)

    In this predicament, he filed 2 Motions on 9/23/09, by Fax and Mail...
    the filed docs he provided are converted to PDF's and attached:

    ••  DEFENDANT'S EMERGENCY MOTION TO DISMISS OR FOR MISTRIAL
        (Attmt. 'A' - Report of ACLU-Wyoming, 3 Oct.'08)
    ••  DEFENDANT'S PROVISIONAL MOTION FOR CONTINUANCE

It is significant that he needed to put the facts and issues on the table, to make a record and stand on it, and that he is also seeking relief from prejudicial errors in this case, including the 9/28 Hearing.
If the Continuance Motion is ignored and Kellogg is still required to appear in Court MONDAY, he will be in a difficult and vulnerable position in his defense, without an attorney present on his behalf.

NewsFlash, 25no09:

    Kellogg went to trial on November 9... the ruling was deferred to the end of that week, then delayed another week.  The defendant was notified several days later of the outcome:  GUILTY on all 3 counts.

    Further comments are forthcoming... here is the Kellogg JUDGMENT AND SENTENCE issued by the Magistrate on November 20, 2009.  (Note that the original scan was converted to PDF, not as concise as it could be, compatible w/ Acrobat v6 or later.)

 

Powered by Plone CMS, the Open Source Content Management System

This site conforms to the following standards: