Warrants for our brothers and sisters...

Maybe this doesn't belong here or maybe it's already been posted. But some of us may not even be aware that they have a warrant. So, for the greater good... Here we go:

Posted: Aug 6, 2005 10:55 AM
some helpful info from scottie at pcu/fap about tickets from the gathering. i tried to cut some of the extra stuff, and keep the important facts/info, though there's still a good deal of stuff.

at the end there are some tips one what to do if you or someone you know has a ticket/warrent from the gathering, a phone number that can be called to help resolve it, and a list of people known to have one.

please read and pass this along, lets help keep our brothers & sisters out of jail:

-- ADVISORY ON WARRANTS --

Inevitably as a result of mass citations targeted on the Rainbow Gathering -- for whatever reasons of personal burdens, snags, mistakes, misguidance, or disgust -- there are folks who don't show up in court. They may feel fear & moral revulsion, and wish that these Federal prosecutions would just go away, but they DON'T... and a Failure to Appear triggers a Federal Warrant, making things much tougher down the pike: It will show up on a records check the next time a cop stops them anywhere, and they can be jailed on the spot.

A big batch of warrants is a predictable effect of the law enforcement tactics imposed on gatherings, and arguably a transparent motive: USFS Incident Command knows that these citations pose huge burdens on those who travel for expressive purposes, without local connections or means of defense, and the warrants weigh on the most vulnerable. In our experience, it's part of a national campaign to entangle gatherers in legal strings, take them off the streets and keep them out of the woods.

The intent here is to publicize gathering-related warrants as an outcome of these prosecutions against 1st Amendment exercise, to explain the process, encourage those affected resolve these matters for their own protection, and offer assistance to that end.

* Best-Available Facts:
...
As explained, the warrants came to bear at the Federal Court in Elkins on 7/12, the last round of mandatory appearances stemming from the gathering
...
A list of "all these defendants" has been compiled from court docs and summary info provided by the Asst. U.S. Attorney, Steve Warner. His 7/8 Fax to an allied attorney in Elkins identified FTA cases & defendants from the Cranberry proceedings on 6/28 & 7/5, with this statement on the cover:
"...Rainbow docket. Note the last 2 pages were no-shows. If they don't pay ASAP bench warrants will issue and collateral fines will be doubled (except for the 10k citations which the $30 deal will be withdrawn)."

Before the 7/12 court date, he also provided a short list of 'Rainbow' cases set for appearances on that day... so these 2 memos established the pool of no-shows, adjusted for the few cases dismissed that morning. We spoke with Mr. Warner when court recessed, and he pled his reluctance to issue them, but confirmed these sources on the warrants going out.

Therefore, a list of 'Rainbow Warrants' is presented below -- transcribed as received and augmented for clarity -- as a matter of public information and personal notice to those concerned. A few facts have been checked and corrected, but we have not tracked any dispositions since the warrants were issued. Assume this to be accurate as of 7/15/05.

* Advice & Assistance:

Those affected by Warrants should know that they have been issued, and are urged to deal with them, to pay the fine or go to court -- rather than hoping to disappear, and getting FOUND later. If you are such a person or know one, please take heed or pass this along.

Any FTA defendant may act on their own check their warrant status & what is required to clear it, to pay the assessed fines or ask for a court date.
It is safest to contact the Court Clerk in Elkins and request instructions:

Clerk, U. S. District Court
P.O. Box 1518 - 300 Third Street
Elkins, WV 26241
(304) 636-1445 (304) 636-5746 (Fax)


Candidly, some cases are losers and should just be paid off... this call can set the solution in motion, and a reasonable payment plan can be worked out. If they tell you to contact the U.S. Attorney's office personally, you can do so and try to get the best available terms for resolving things.

But if you want to come back and fight it, or you're just not sure -- use this call for factfinding only. Ask that they record your good-faith inquiry on the file, but you do NOT have make any fast deals or reveal your location.
And -- if you are asked to discuss the facts of your case, politely decline, say you must talk to a lawyer first. Do not be induced to make any admissions to opposing/prosecuting counsel, especially if you think you are innocent.
This would subvert your 5th Amendment rights of silence & due process.

** If you need assistance or would like to discuss your case, please call us or write as instructed below. Under an attorney's direction, we are authorized to share general guidelines on warrant procedures, and to receive case-specific information on his behalf. Accordingly all such information will be held strictly confidential in your interest. **

Caveat: PCU_/FAP volunteers are able to assist only on bona fide 'civil rights' cases, in accord with our mission of protecting 1st Amendment exercise in public forums. If you did a dumb crime, we can answer a few questions on warrants & court process in general, but your case is outside our active scope. However if you incurred or witnessed substantive rights violations, your facts are valuable, and we can be of help in some way.

In this light, certain gathering-related cases are of special concern:
If you were stopped at a roadblock, searched unlawfully, and/or cited for a violation of 36 CFR 261.10k ('use or occupancy' with no permit), your facts might be favorable and useful, in your defense and others'. If you choose to fight it in court, there are good resources available in support.
We can discuss such matters discreetly, with a view to best outcomes.


Thank you for your scrupulous attention.

in service...

scottie addison
Coordinator, PCU_/FAP
**
Ph: 314.781.1042 (no 'Collect')
eM: pcu@Free-Assembly.org

-----------

'RAINBOW' NO-SHOWS - WARRANTS ISSUED 7/12:
```````````````````````````````````````````


Citation .. Name §261.* Fine

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


FTA, 6/28 & 7/5

'''''''''''''''

F2865815 Ennis, Abraham 53(e) 100-

F2087033 Bolyard, Carlos 52(f) 100-

F2664981 Loyd, Derek 54(?) 200-

F3041670 Kieran, Raymond 53(e) 300-

F2650668 Pierce, Dale 52(f) 100-

F2819931 McCray, David _ 250-

F2828731 Jones, Wilken _ 250-

F2828686 Maser, John _ 250-

F2828685 Bain, Amber _ 250-

F148203 Marshal, Dylan _ 250-

F148164 Martinez, Tiffany 12(d) 150-

F2713687 Sundquist, John 53(b) 200-

F2819553 Traux, Clifford 3(a) 250-

F148177 Bennett, Thomas 53 200-

F52189845-? Decker, Michael 12(d) 150-

F2819557 Varnell, Steven 58(b) 100-

F2870418 Hoffert, Michael E. 53(e) 300-

F2918287 Essex, Kathleen 54(d) 200-

F2819777 Kustura, Jean Paul 53(c) 200-

F2819776 Kustera, Jean Paul 54(d) 200-

F2870420 Trefrey, Allan 53(e) 300-

F2865829 Bigney, Samuel 53(e) 300-

F2870442 Carlson, Eric 53 200-

F2870421 Mormon, Joseph 4 -? 100-

F2865903 Davis, Josh S. 10(k) 75- ..

F2865904 Frazier, Tim " " |

F2713681 Aasted, Jason L. " " |

F2664977 Lloyd, Derek A. " " .

F148129 Gobble, Randall " " .

F2870415 Stevens, Tristan M. " " .

F2865907 Kelly, Joshua Patrick " " .

F2865906 Selfridge, Robert A. " " .

F2865908 Kiesch, Jeff 0. " " .

F2271663 Shull, Noah C. " " .

F2865804 Feldman, Sarah A. (?) " "

F2713680 Gabbart, Bobby Joe " " 30-

F2713683 Clark, Levi E. " " (corrected)

F2664985 Reynolds, Lyndsey N. " " .

F2664982 Bills, Steven W. " "

F2828577 Birchfield, Lynn R. " " .

F2828579 Hogg, Steven K. " " .

F2828576 Brooks, Kyle R. " " .

F2828578 Detillier, Daniel C. " " .

F2865808 Zier, Joshua M. " "

F148151 Anderson, Susan J. " " |

F148154 Biernat, Agnieszka " " |

F2664984 Stetts, Grace G, " " /



FTA, 7/12:

''''''''''

Williams, Arley 53(e)

Clem, Russell Pkg.viol.

Virgo, Jenna "

F2819571 Shupe, William 53(e)

Curtis, Antansia 53(e)

Doss, Karen 53(d)

Kissinger, Michael 53(e)

Howell, Ryan (3 tix) 53(b),(e)

Adams, Rachel 12(d)

Fitzgerald, Timothy 53(e)

F2592297 Gilliam, Kenneth 10(k)




DISMISSED 7/12:

'''''''''''''''

F2819927 Lopez, Donald 10(k) 250-

F2865779 Griggs, Brandy 3(a)

F2592299 Armstrong, Wilson 10(k)


____________________


* All citations per subsections of 36 CFR §261, as shown:

261.3_ - interfering, resisting, threatening officer

261.4_ - disorderly conduct

261.10k - 'use or occupancy' of NFS lands w/o permit

261.12d - blocking a Forest road

261.52f - possessing/discharging fireworks

261.53_ - pot & paraphernalia busts

261.54_ - vehicle infractions

 

stupid rainbow gatherers and their un-american ways.



would they not have been arrested at the time of the warrant? or at least informed?
i planned on going to next years....

 

me too man...

 

These are people who were issued tickets or given promise to appears for relatively minor infractions, and then didn't show up for court... So at that point a bench warrant was issued for failure to appear... Which isn't quite as minor...

If a cop happens to "bump" into one of these people on the list and runs their info, that warrant will show up. No matter where they're at, they'll get cuffed and put in county 'till West Virginia comes to get 'em or 30 days (some states may be 90) whichever comes first.

And yea... I'll be there (Colorado)... Peace to all

- Damian

 

Bump