__PCU_//\_Free Assembly Project____
      St.Louis MO - www.Free-Assembly.org
_//\_________________________________an Association of Volunteers__/

        24 February 2011                        PUBLIC INFORMATION RELEASE               
                                                            `````````````````````````

        Kellogg Civil Rights Appeal Hits Legal Walls in Wyoming

        Another lawyer walks on the last case standing from the 2008 Rainbow Gathering...
        and Federal courts keep trying to take it down and bury it.
        ______________________________________________

      On July 2, 2008 Dale Kellogg was helping a friend move a car in a parking area of the Rainbow Gathering in Bridger-Teton N.F., Wyoming.  He eased around a USFS police SUV blocking the lane, and within seconds was dragged out by 4 officers, beaten and tazed multiple times, jailed for 5 days, and charged with 3 misdemeanors, and 4 felonies which were later dropped.

      In August 2009, after a year of inaction his court-appointed lawyer came back with a bad deal, falsely admitting guilt.  He turned it down, so the lawyer quit... the judge granted the withdrawal without opportunity for Defendant response, and set trial in 4 weeks without legal representation. 
He had to scramble urgent filings and appear anyway, just to defer trial and get a new lawyer.

      On November 9, 2009 Kellogg went to U.S. Magistrate trial in Lander, Wyoming... the lawyer was bilked on a settlement just a week before, and the defense was unready.  In court four eyewitnesses and video evidence disputed prosecution allegations about the incident, warranting acquittal on 'reasonable doubt'.  But the Magistrate Judgment came on 11/20/09:  Guilty on all 3 counts.

        So Kellogg appealed the case, sending it to a District Judge in Casper.  Through another year of transcript hassles and procedural delays, he thought his lawyer was preparing a Brief on his behalf.  But on November 4, 2010 the lawyer filed an "Anders" Motion to Withdraw under 10th Circuit rules, now stating that he "can find no meritorious appealable issues".  The Judge summarily granted the withdrawal and dismissed the appeal - but upon the lawyer's followup motion to continue and allow Kellogg to respond, a new Order on 1/11/11 required a pro se Appellant's Brief in 30 days.

        Again as in his defense, Kellogg was being pushed into a major proceeding without a lawyer.  In early February he filed a Response & Motion for New Counsel, and a Motion for Continuance or Stay in accord.  Predictably the U.S. Attorney opposed... a new ruling from the Judge is now awaited, with his ability to sustain this Appeal and salvage remnants of his rights very much at stake.

        This case raises tough questions, big 'elephants-in-the-room':  Is it routine procedure for law enforcement to target First Amendment exercise, profile participants, provoke petty incidents, escalate violent force, then lodge false criminal charges against victims?...  What limits the arbitrary discretion of U.S. prosecutors to pursue such punitive charges, to foster perjuries and disregard facts?... 
Why are defense lawyers cutting bad deals and selling out their clients?...  How are Federal Courts stepping on due process to obstruct civil rights defendants and protect extreme police powers?...

        These questions cut into core beliefs on American Law - our notions of fairness, impartial wisdom, and rights reserved, built-in with the Constitution's separation of powers.  Plainly this is compromised where Federal cops, lawyers, and judges get their paychecks from the same place.

        Dale Kellogg is an unusual honest man:  Most folks roll over on the raw deal, give in to futility, pay the fines and duck the fight weighing on their time or convenience - but he expects JUSTICE from the Justice System, has given a couple years of his life to get it, and is still trying. 

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Resources_/\_Links:

                Go to the Free-Assembly.org website for policy documents, official correspondence,
                media reports, and legal controversies from the Wyoming '08 Rainbow Gathering:

                Of special interest - legal pages with links to key case documents, and relevant
                critiques from the ACLU of Wyoming and PCU_/Free Assembly Project:

Wyoming Legal Defenses
    A handful of stout defendants persisted against prosecutions coming out of the gathering...
partial archives from 4 other cases, and the Kellogg saga in full.
        http://www.free-assembly.org/gather/courtstorms/wy08-rbw/wy-cases/

Kellogg Appeal
    Dale Kellogg's APPEAL of the Magistrate trial convictions, commenced in March 2009, going first to the U.S. District Court in Casper, Wyoming.
        http://www.free-assembly.org/gather/courtstorms/wy08-rbw/kellogg-appeal/

ACLU-Wyo. Report on Rainbow Gathering '08, 2 Oct.'08
    Report of ACLU-Wyoming on USFS law enforcement conduct at the Rainbow Gathering in Bridger-Teton N.F., June-July '08 - based on an independent investigation, issued on 10/2/08.
        http://www.free-assembly.org/gather/courtstorms/wy08-rbw/aclu_rpt-rbw08.pdf/view

Rey Ltr - Commentary & Appeal, 7 Nov.'08
    PCU's Policy Crit to Mark Rey, USDA UnderSecretary: "On Wyoming, the ACLU Report, and the Timely Exit of John Twiss" - assessing events at the Gathering, the record of the LEI Director, and the undue role of USFS law enforcement in Forest Service policymaking on expressive assembly.
        http://www.free-assembly.org/gather/courtstorms/wy08-rbw/rey-aclu-twiss-7no08.pdf/view


        For perspectives, lore & 'hipstory' of the Rainbow Gatherings, see this "unofficial" site:
                http://www.welcomehome.org/


Information_/\_Contact:

    _scottie addison, Coordinator__
    PCU_//\_Free Assembly Project                314.869.1059
    St. Louis Missouri                                       sca@free-assembly.org