__PCU_//\_Free Assembly Project____
_//\_________________________________an Association of Volunteers__/

            5 November '09                         FOR IMMEDIATE RELEASE:
                                                      ```````````````````````````````
                                                      Contact:  scott addison ~ 314.869.1059

            Kellogg Case Goes to 11/9 Trial in Wyoming ~
              ( Crim. No. 2:08-M-6513
              ( U.S. District Court of Wyoming/ Lander

              Asst. U.S. Attorney hoaxes settlement at the last minute,
              pushes 'Rainbow' Defendant into court showdown in Lander.

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            The saga of United States v. Dale Kellogg began darkly:

On July 2, 2008 at the 'Rainbow Gathering' in Bridger-Teton N.F. , Mr. Kellogg was pulled from a car in a parking area, tazed multiple times, beaten, arrested, and jailed for a week by Incident Command LEO's.
Of the seven original charges, four were withdrawn at arraignment, "reserved" for a Grand Jury.
On those remaining, the case dallied and dragged on for 14 months -- then the court set a 9/28/09 trial date, and they tried to push him into a fictional plea deal.  He does not lie, so he rejected it -- then his lawyer got mad and withdrew, and the court sent him on to trial without representation.

Scrambling to protect himself 'pro se', Kellogg filed an 'Emergency Motion to Dismiss or for Mistrial' on 9/23, to tell the truth, put facts on the table, and make a record of the due process snags.  He also moved for a Continuance, but was still forced to appear on the trial date:  The judge made it a "hearing", although nothing was heard; she appointed new defense counsel, and set trial for 11/9/09.
Still, things looked much better... the defense was back on its feet, with an agreeable lawyer and a stronger position, and he had reason to believe that this nightmare would soon be over.

            The legal travails of Dale Kellogg just took a bizarre new twist:

After a few weeks of waltzing and waffling in settlement negotiations (again), on 11/2 Asst. U.S. Atty Jason Conder pulled a 'bait-&-switch' and reverted to false plea terms previously refused by the Defendant -- one week before trial.  Kellogg's new lawyer was on a fast learning curve, in a case bigger than he thought... he must have thought that it would settle easily, once he saw the facts, and that the other side would be sensible.  It was never expected to go to trial... no such luck:

Instead the prosecutor's bad faith backed up the defense into the pre-trial motion deadlines, left it with short notice, distant witnesses, no trial prep, and no recourse.  On 11/3 the Magistrate denied a Continuance by phone; a written Motion to Continue has since been filed, likely to be denied.

            So, suddenly the Trial of Dale Kellogg is ON:

            |)    Monday, 9 November 2009 -- 9:30 A.M. (mst)
            |)    U.S. District Court of Wyoming, Lander Division
            |)    125 Sunflower, Lander Wyoming 82520
            |)          Ct. Clerk:  307-332-9406
            |)    U.S. Magistrate Teresa M. McKee, presiding

            Concerned parties and citizens are encouraged to attend, and inquire:

Clearly this case is about more than one fellow's one-time incident with a few rogue cops... the Kellogg takedown was part of a long history of targeted enforcement and harassment against the 'Rainbow Gatherings', and an emergent pattern of hostile provocations.  Victims are subjected to official violence, then perjurous charges, then criminal proceedings in distant courts, most difficult to defend.

Moreover where prosecutions arise from 1st Amendent exercise, there must be concern for chilling effects on expression -- and close scrutiny of proceedings that may carry civil rights violations into systematic abuses of due process.  It is meaningful that on sacred July 4 at the Rainbow Gathering, Dale was in jail... he did not get to pray that day.  Clearly there are broader public interests in this case.

            For the full story as it unfolded in recent months, see prior Public Info on the Wyoming '08 Defenses, and look for these posts (html format):
            •  Wyoming 'Rainbow Trials' Set for September 28    - 7/25/09
            •  Rainbow Charges Dropped in Wyoming                 - 8/26/09
            •  RE: Update on Wyoming Court Cases                     - 9/25/09
            •  Kellogg's 9/28 Hearing in Wyoming                       - 10/2/09

            ----------------------------------------------------------

                  Scribe:   scottie addison, Coordinator
                                pcu_/FAP, St. Louis MO ~ 314.869.1059

                  Defense Counsel:   James Whiting, Attorney
                                                 Lander, WY ~ 307.332.5534