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

            25 Sept. 2009

            RE: Update on Wyoming Court Cases
            ```````````````````````````````

            On this, from 9/21...

> it is with great delight to announce ~~~~the cases against Roses
> and Sky have Been DISMISSED
>

            ...sorry to rain on the parade, but here's what's really going on:

-- Apparently charges against Skye Laurel Riggs and Rose Stanley were finally dismissed WITHOUT PREJUDICE.  This means that the U.S. Attorney can bring back the cases against these defendants at his discretion, up to a statutory time limit.  One of the 3 charges is missing from Stanley's Dismissal, its disposition unclear... 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, and questions to the lawyers have not been answered.

--  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 quickly granted it on 9/4 - without hearing from the Defendant or allowing time for his Reply.
In that Order, the Court also maintained the previously scheduled trial date of 9/28, so he faced trial in a few weeks, with no attorney in the case on his behalf.
      Kellogg knew none of this when he prepared a Reply opposing counsel's withdrawal... it all crossed in the mail, and his Reply was filed on 9/10, after the Court had acted and it was a done deal.
The Court did not answer this, but in a new Order (~9/18) the 9/28 trial date was then converted to a 'motion hearing' still requiring his appearance... so around 9/21 he got notice by mail that he had to appear in a different proceeding without counsel in 5 business days.  (?!)

            In this predicament, he filed 2 Motions on 9/23, by Fax and Mail...
            the filed docs he sent are uploaded as PDF's, and linked here:

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

            The text of the Dismissal Motion is most telling:
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.

            Respects to Dale for standing his ground, and trying to hold it now.

> once again--- our best defense against these unruly LEO's is the
> truth --- and our best proof of the truth is our Videos.
>

            Don't forget good old-fashioned Witness Affidavits...
            observers saying what they saw, and standing behind the Facts,
            still the heart of the law, and all it takes is a pencil.

                        _sca__