Spreadbury v. Bitterroot Public Library et al
Filing
222
NOTICE of Filing Additional Discovery for Trial by Michael E. Spreadbury (Attachments: # 1 Attachments) (APP, )
Case 9:11-cv-00064-DWM -JCL Document 124-4
Filed 10118/11
Page 2 of 17
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MONTANA TWENTY-FIRST JUDICIAL DISTRICT
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09,05 \ 06
RAVALLI COUNTY
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MICHAEL E. SPREADBURY
Plaintiff,
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Cause No. DV-10-222
vs.
ANGELA B. WETZSTEON and
GEORGE H. CORN,
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Defendants.
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Taken at the Ravalli County Courthouse
205 Bedford Street, Hamilton, Montana
Friday, August 6, 2010
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The Honorable Jeffrey H. Langton Presiding.
HI
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TRANSCRIPT OF PROCEEDINGS
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APPEARANCES:
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Plaintiff, MICHAEL E. SPREADBURY, appearing pro.
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For the Defendants:
MICHAEL R. KING
Special Assistant Attorney General
Risk Management and Tort Defense
Division
1625 11th Avenue, Middle Floor
P.O. Box 200124
Helena, MT 59620-0124
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Reported by Tamara Stuckey
Official court Reporter, State of Montana.
Case 9:11-cv-00064-DWM -JCL Document 124-4
Filed 10/18/11
Page 3 of 17
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FRIDAY, AUGUST 6, 2010
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hear this morning is the Spreadbvry v. Wetzsteon
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Corn.
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MR. KING,
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THE COURT:
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MR. KING:
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THE COURT:
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in the Montana Supreme Court or the U.S. Supreme Court.
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It's more like the Ninth Circuit.
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15 minutes for each side to mention any point that you
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think needs mentioning, either it's reemphasizing
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something in your brief or responding to something in
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the other briefs.
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all hearings, are that nobody is going to interrupt the
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party presenting, even if you might have an objection.
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HI
You can raise that in your argument,
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Mr. King. so you get to begin and you get to close.
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Mr. Spreadbury, you are in the middle,
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the burden, Mr. King does, and he will argue twice; you
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will argue once,
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Court may know, this case arises out of Mr. spreadbury's
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criminal prosecution on August 8th of 2006 in the
Q9!46 ;
THE COURT,
The first case we're going to
That'S a motion for summary judgment.
~nd
Mr. King .
Yes, Your Honor.
This is your motion.
Yes.
And typically, the way I hear
motions, this !s not what a full-blown argument would be
I allow about 10 or
My rules during this hearing, as in
It'S your motion,
And so he has
Mr. King.
MR. KING,
Thank you, Your Honor.
As this
Case 9:11-cv-00064-DWM -JCL Document 124-4
Filed 10/18/11 Page 4 of 17
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Ravalli County Justice Court.
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as I understand his Amended complaint, that the Ravalli
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county Attorney's Office did four things that entitle
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him to monetary and injunctive relief from and against
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Angela wetzsteon and George Corn.
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things, those allegations, lack merit.
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09:48:03
e
the Amended Complaint is that Mr. Spreadbury alleges
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that Angela Wetzsteon presented evidence during
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Mr. Spreadbury's criminal trial that the Ravalli County
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Attorney's Office did not provide to him prior to trial
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in a timely basis this.
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because a prosecutor's alleged failure to provide
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discovery in a timely manner involves a prosecutorial
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function for which Miss Wetzsteon and Mr. Corn enjoy
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prosecutorial immunity.
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regard has cited no legal authorities to the contrary.
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Ravalli County Attorney's Office filed a motion to
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continue his trial to a period of time when he would be
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out of town. thus in some way causing Justice Bailey or
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Justice of the Peace Sailey to issue a Warrant for his
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arrest for his failure
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allegation lacks merit because filing motions,
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wetzsteon were in the courtroom.
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duty as an officer of the court, and if she's certified
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by her dean, which she is, for two years of competent
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legal school, she would know that that is her duty to
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say, Your Honor,
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is a misdemeanor trial.
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this court and in this state that there i6 no crime of
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failure to appear.
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So by omission. she's claiming in her Affidavit that she
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didn't hear it.
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exactly what she's saying.
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I would say that assigning a
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But if she's in a courtroom and it'S mentioned that
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we're going to issue a warrant for failure ·to appear. as
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a court officer, even as an assumed court officer with
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the certification from her Dean, that means she has the
That's an intentional act.
Like I said before, that case, October 8th,
the appearance was January 5th, so that's outside.
It's a misdemeanor.
Not
there's no need for a judge to
there's no -- she has a
the Defendant may not be here -- this
It's a well-established fact in
There's no need for this warrant.
She didn't see it.
rim not quite sure
She's trying to get out it.
Case 9:11-cv-00064-DWM -JCL Document 124-4
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Page 11 of 17
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onerous to uphold the rules of the court, the
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constitutional rights and the State rights.
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Michael King is bringing up says it'S only two years for
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false arrest.
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State that it's four years to bring a tort claim in
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front of a Court.
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This was three years ago, 2007, and we're here within
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the four-year time limit.
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requirement I'm not aware of for the two years.
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for a fact in a federal court I can bring a tort up to
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four years, and I believe it's the same in this court.
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was supervised in the
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Angela wetzsteon.
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just say - I'm not going to say I was a teacher, but I
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also was student
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courtroom.
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no power to do the things that a prosecutor can do, and
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there's a very important reason to this Student Practice
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Act.
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clinical instruction when you're standing there alone.
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You're not being watched.
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that's the problem with this case, and this has caused
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immeasurable and irreparable damage to my life, to my
I'll finish here.
The tort issue that
It's a well-established fact in this
That's why we're standing here today.
Perhaps there'S some other
I know
The Affidavits neVer said anything that she
co~rtroom.
Itm referring to
If a student is not supervised, I'll
t~aching.
My teacher was in the
I had no power to put people in jail.
It's clinical instruction.
I had
YOu're not getting
YOU're not being checked, and
Case 9: 11-cv-00064-DWM -JCL Document 124-4
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future and an unbearable stress to my family.
And this
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is the reason why the case -- the Complaint was filed.
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right now.
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end with a case where even if immunity is granted, it
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still doesn't give them immunity from civil liability.
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Smith on behalf of Smith Butte Silver Bow,
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"Prosecutor immunity does not shield a prosecutor from
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civil liability for all acts or omissions."
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other words,
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there's still civil liability involved.
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not the end all for this case for a couple of reasons.
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For this quote right here that they don't end with
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prosecutorial immunity, but also if it gets appealed up
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to the Supreme Court, they may send it right back and
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say it was incorrect to issue immunity because in
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Losleben, like I quoted earlier, the administrative
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duties of someone like George Corn saying, Hey, Angela
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go down to Justice Court and prosecute this case,
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an administrative duty.
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established by the Supreme court in the state that that
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doesn't bring immunity,
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probable cause, it stops all immunity.
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and it's well established, it's in the docket.
I don't think we need to argue on the facts
We're talking about immunity.
I'm going to
1994,
So,
in
even if you do find there's immunity,
Also,
This hearing is
that's
And that was already
the last thing is an action that lacks
My attorney
My
Case 9:11-cv-00064-DWM -JCL Document 124-4
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Page 13 of 17
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attorney, Sasha Brownlee, was bringing the case for
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justifiable force and a couple other constitutional
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rights that are irrelevant here.
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there'S probable cause issue where it was justifiable
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force for this situation would totally erase immunity
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for the Defendants, George Corn and Angela Wetzsteon.
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This is found in American Jurisprudence second Edition
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in section 102,
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respectfully object to the assigning of immunity to the
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Defendants.
so
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Because I feel very strongly, in the research that I've
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done in cases involving - I couldn't find any with
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students, but especially with respect to Mr. Corn and
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administrative duties, it's a well-established fact and
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precedent in the Montana Supreme Court that no immunity
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is available.
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Court to enter my objection respectfully because I do
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not believe, very strongly, immunity is available here
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to the Defendants.
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THE COURT:
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MR. SPREADBURY:
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But the fact that
So lastly, Your Honor, I'd like to
"
I'd like that to be in the official record.
So as a plaintiff here, I'm asking the
THE COURT,
MR. KING,
couple points.
Very well.
Thank you.
Mr. King.
Very briefly, Your Honor.
Just a
First of all, I want to address the
Case 9:11-cv-00064-DWM -JCL Document 124-4
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Page 14 of 17
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issue of the Student Practice Rule and the argument by
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Mr.
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under the Rule.
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evidence that refutes any part of Angela Wetzsteon's
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Affidavit concerning her qualifications under the
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student Practice Rule.
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with specific facts that refute her Affidavit and he
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simply hasn't done it.
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is not a
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fact,
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for the statement that she wasn't authorized under the
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Rule in the first place.
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supervising attorney with her during his criminal trial
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is mistaken.
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states in Paragraph 2 that, quote,
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student may also appear in any criminal matter on behalf
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of the State with the written approval of the
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supervising lawyer and the prosecuting attorney or his
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authorized representative.
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she was authorized by her boss, Mr. Corn, and
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Mr. Fulbright, her supervising attorney during that
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trial,
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having supervision appears in Subsection 2(a) of the
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Rule, not Subsection 2(b), which I just quoted.
Spreadbury that Miss Wetzsteon wasn't authorized
Mr. Spreadbury hasn't produced any
Itls his burden to come forward
Saying that she isn't authorized
substitute for presenting facts
wasn't authorized.
that
she,
in
So there's no factual basis
Secondly, the argument that she needed a
The Student Practice Rule very clearly
w
"An eligible law
And there's no dispute that
to appear at that trial.
The requirement for
And
Case 9:11-cv·00064-DWM -JCL Document 124-4
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Page 15 of 17
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that has to do with criminal defense attorneys
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representing defendants who have a legal right to legal
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counsel,
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the presence at a supervising attorney. but not under
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Subsection (b). which is the subsection of the rule
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pursuant to which Miss Wetzsteon appeared at
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Mr. Spreadbury's criminal trial.
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immunity because he's an administrative attorney or
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supervising attorney, that argument was done away with
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by the u.s. Supreme Court in Van de Kamp v. Goldstein,
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which I cite on page 5 of the Reply Brief in Support of
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Summary Judgment.
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legal research he purports to have done, hasn't provided
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this Court with any legal authorities to the contrary.
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apparently.
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he has failed to do, and it's his burden to do, if he
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thinks that is an issue in this case, is to present
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evidence that the two people he sued, George Corn and
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Angela Wetzsteon, had something to do with any such
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alteration, and he hasn't proftuced any such evidence to
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this Court in that regard.
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Under those circumstances, the Rule requires
With respect to Mr. Spreadbury'a argument
that George Corn isn't entitled to prosecutorial
And Mr. Spreadbury, despite all the
Mr. Spreadbury takes issue with a phot'ograph
He claims it was altered by somebody.
What
Finally, I've been practicing in the Tort
Case 9:11-cv-00064-0WM -JCL Document 124-4
Filed 10/18/11
Page 16 of 17
IS
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claims Division for the State of Montana for almost
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15 years now. and it's the first I've ever heard that a
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four-year statute of limitations applies to torts.
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Court is well aware there's a three-year general statute
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of limitations for tort claims.
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arrest claim, thece's a two-year statute.
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what legal authorities Mr. Spreadbury is relying on to
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the contrary, but I do know this,
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any to this Court.
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judgment, and on behalf of George Corn and Angela
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Wetzsteon, I would request respectfully that the Court
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do so.
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10.07:48
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This
In the case of a false
I don't know
He hasn't presented
So this Court should grant summary
Thank you.
THS COURT,
submitted.
Very well, the matter is deemed
The Court will issue a written ruling.
(proceedings concluded.)
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IS
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,
,
Case 9:11-cv-00064-DWM -JCL Document 124-4
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C E R T I F I C.A T. E
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STATE Of MONTANA
COUNTY Of RAVALLI
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S5.
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1, Tamara Stuckey, Official Court Reporter for
the State of Montana, do hereby certify:
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a
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That I was duly authorized to and did report the
proceedings in the above-entitled cause;
That the foregoing pages of this transcript
constitute a true and accurate LranscripLion of my
stenotype notes.
I further certify that I am not an aLtorney, nor
co·unsel of any of the parties, nor a relative or
employee of any attorney or counsel connected with the
action, nor financially interested in the action.
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IN WITNESS WHEREOF, I have hereunto set my hand
on this 19th day of September, 2011.
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Official Court Reporter
$,ate of Montana
Twenty-first Judicial District
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Case 9:11-cv-0006;.k 59
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reasons, of course, it was absolutely appropriate for
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City Attorney Bell to participate in that hearing.
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indeed, Mr.
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public defender whO had been assigned to him in the
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criminal trespass case.
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applies.
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immunity, as that's been the issue of multiple legal
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briefs by Mr. Spreadbury and myself, as well as in
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related
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anything to that.
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10:10~
the criminal trespass case, and the
And for those
And
spreadbury himself was represented by his
Then, of course,
it is that immunity
And with that I'll leave it to the briefs on
case~
on that issue,
THE COURT,
50
I don't think I can add
Thank you.
Tammy Stuckey **
Mr. Spreadbury_
37S-67a3----------------~
Filed 10f18f1l
Case 9:11-cv-OD064-DWM -JCL Document 124-5
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e
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MR. SPREAOBURY:
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you.
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comments.
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acting within his authority and there's all these
If it pleases the Court,
I
Thank
just have a few
We can say all we want to that Ken Bell was
crlminal charges.
IG:1C:5S
Yes, Your Honor.
Well, if you think that sitting on a
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public park owned by the City of Hamilton in a public
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place with,
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freedom of access, definitely freedom of assembly,
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is in both constitutions of the flags on either side of
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you, and if you think asking a librarian for help is a
IO'll:22
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felony,
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matter.
I
then,
don't know what you'd call it,
whiCh
you know, let's talk about the criminal
In fact,
.0::J:26 13
liberty,
Ken Bell was in a civil proceeding
1O:1):Z9"
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like we are right now and there was no criminal stuff
lO.1l:3:.s
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going on.
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very clear in MeA 7-4-4604, which are the duties of a
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city attorney.
IG!ll:~O
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my pleadings, Your Honor, none of them listed include
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representing an employee who is not a city employee or
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even entering a civil courtroom like we're here right
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now.
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to prosecutor for the city, to draft ordinances for the
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counCil, upon a vote, deems the city attorney should do_
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And I might be missing one there, but it's definitely
I hate to use the word ·stuff,"
But it's
•
y,
~
None of them listed, and I have that in
None of those duties.
They are -- the duties are
and do whatever other services that the City
________________ Tammy Stuckey Ow
375-67B3------~--------~
PL'f\ 2:)\
Case9:11-cv-00064-DWM-JCL Document124-5
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Page6of11
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interest that Mr. 8ell engaged in.
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courtroom, as I was being arraigned, as a stand-in
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prosecutor on November
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courtroom,
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aforementioned civil hearing on behalf of Nansu Roddy,
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which she is not a city employee.
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the Bitterroot Public Library, which is an independent
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library district who gees funding from the City,
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however,
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So he prosecuted one party ten days prior, and then carne
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in to,
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non-city business on November 20th, 2009, in
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Court in Hamilton.
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me - oh, and then we have the sitting on the library
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lawn prosecution.
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in Novembez:.
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the prosecutor on that case.
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February 18, 2010.
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I'm going to move on.
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if you act outside of the duties, that's one of the
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requirements for emotional distress is to be outrageous.
25
It's outrageous for Ken Bell to be in a civil courtroom
](1:
.10;U:02"
not being in a civil courtroom.
I'm gOIng to go on to the conflict of
10~h
He sat in a criminal
1n Justice Clute's
and then on November 20th he was in this
She is an employee of
she is not an employee of the City of Hamilton_
[ guess you'd call it defended or represented
I
Municip~l
Just as a layman, that appears to
believe there was a date sometime
I
can't quite remember, but he was also
The trial,
I
know,
was
November - it doesn't matter,
so
So Ken Bell acted outside of the duties, so
~----------------
Tammy Stuckey ••
315-6183----------------~
\1.-1\
'l "?:>2..
Case 9: 11-cv-00064-DWM -JCL Documen1124-5
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as a city attorney without including any city business.
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So that's one of ehe requirements for emotional distress
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Cd se 5 •
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interest.
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prosecutors have no immunity in civil courtrooms.
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Mr. Corn is sitting right here.
10::U~12
8
this civil courtroom.
lO:14:3S
'l
County.
10:14:40
10
else, that could be used as defamation.
10:14:4)
11
used as misrepresentation.
14; 41'
12
deputies could say, which they have,
.O:14!!>1
13
anybody else but Mike Spreadbury, we would have dropped
10~14t~S
14
this case.
LO:l.:-~8
15
only have qualified immunity,
10: lS:0!
16
certain stages of immunity.
H.l;:~;06
17
there's no immunity.
lO~l":O'"
18
well-established fact and observed,
10: 1:>: II
19
courtroom,
10:1~:J1
20
IO:l~,19
21
that there is a burden of proof.
lO!l5:24
22
getting from the defense counsel that, it's just in heF
lO:!S:26
23
pleadings, that there is immunity.
10:1;:)•
24
burden there.
10:15:31
25
in a civil courtroom, here's how he has immu~ity right
lil~
•
I've already talked about the conflict of
It's a well-established fact thae
He has no immunity in
He's the prosecutor for Ravalli
If he were to say something to me or anything
That could be
You know, one of his
if this were
So when they say something like that,
no
if anything.
they
So there's
And in a civil courtroom,
So Ken Bell, it's a
in a civil
immunity~
The other thing I'll get into is the fact
And respectfully,
I'm
I don't see any
I don't see any proof that, okay, he was
Tammy Stuckey
**
375-6783----~--------____~
Case 9:11-cv-00064-0WM -JCL Document 124-5
Filed 10/18111 Page 8 of 11
7
If he's
o~tside
of his duties
1
there in that courcroom.
10:15:44
2
and heis also in a civil courtroom, he!s lost in space,
HI! 15:4'3
3
Your Honor.
10:1:;;$5
4
10,15,58
5
Bow. 1994, "Prosecutorial immunity does not shield
10=16~Ol
6
prosecutor from civil liability for all facts! or
10.
t5~04:
7
omissions."
la~16:0e
B
standing on public property.
10:16:12
9
to charge me with trespassing today.
10;16:14
10
would be another year of fun.
l(h16:1!1
11
there's no probable cause,
10:16;22
12
stops.
. •0:16:26
13
And in a situation where Bell is in a
10:16,3'
14
November 20th hearing for an order of protection,
10:16:39
15
is an argument that could be made that there's no
10: 16:41
16
probable cause for that because there is already
10;J.6:45
17
indiscrepancies
10,16,$2
IS
detention of Nanau Roddy, what she made with Ithe police
10,10,5,
19
and what she did with -- sworn to a judge.
lO:l1~Ol
20
lot of things going on here where there's some
10,11:02
21
improprieties.
10=17:06
22
misconduct of Mr.
. 1 0 '15'41
He has no immunity.
Again,
Smith on behalf of Smith Butte-Silver:
Definitely with probable cause here -- I'm
Maybe Mr. Bell
~ould
like
1 don't: know.
I don't know.
But if
immunity stops dead.
(sic) with the testimony of
It
Just
there
~he
~o
there's a
I've already asked for official
Bell to this Court.
don't get an
I
"
10:11:12
23
answer.
I have in the docket because 1 believe it
10:11:14
24
happened.
.O~17r15
25
I ' l l kind of end with the fact that there is
~----------------Tamrny Stuckey
** 37S-6783-----------------J
flf\ 2?:J+
Case 9:11-cv-00064-DWM -JCL Document 124-5
Filed 10/18/11
Page 9 of 11
B
. 1 0 : 1 -1 ,17
1
no criminal case involved here.
10:17:21
2
a civil proceeding.
3
advised by my counsel, who had just showed up at that
!
I
was not allowed to Sperk.
time that he wasn't prepared.
10: 11:29
November 20th, 2009 was
was
We have another criminal
5
case involving this same incident.
6
to speak to the fact that there waS no danger involved.
7
There was no danger at all.
]7: ••
s
case.
to: 1'1: 50
9
you're sitting peacefully and it's open access to the
:'= 53
10
public.
lO:l"':~S
11
probably the easiest deCision to make because Ken Bell
lO:IS:O'
12
was in a civil courtroom.
.10:18:07
13
prosecutors, Your Honor, in a civil courtrOom.
10:1e:o~
14
doesn't get any clearer than that.
10: 16;13
15
respect the court and I hope we move forward
lOd6:16
16
case.
10:ISd6
17
10:18:19
16
assigned,
10:18:2t
19
this because I feel strongly that the immunity is
10:1$:26
20
something that isn't assigned in a civil courtroom and
10: 16:29
21
it should be established in this court.
lOd/h)l
22
for your time.
10: 1":J2
to:
lO;
10:16:l3
24
.10:16:35
25
So this wasn't a criminal
Trespassiog is not a crime on public PFoperty if
And I'll just end with the fact that this is
I
There's no immunity to
It
And I'd It'ke to
ith this
If there is immunity assigned or dismissal
23
10:18:34
So I wasnft allowed
I'm going to ask the higher court
t~ lOOk at
And t thank you
I
THE COURT:
Very well, Hiss Jones, you
MS. JONES:
I've already briefed the scope
may~
conclude.
~---------------- Tammy Stuckey •• 375-6783------~---------J
I
ft1\ 23C;;
Case 9:11-cv-00064-DWM -JCL Document 124-5
Filed 10/18/11 Page 10 of 11
9
.10:18:41
1
of the duties of the city attorney, which includes
1():~8:H
2
appearances in civil matters.
:0: 18;0
3
immunity or the duties of a prosecutor to
10:H1:50
4
criminal matters.
10'lB,53
:;
that.
lO:19:()O
6
party for the protective order was the victim of a crime
10:19:01
7
and was a key witness in another crime,
1~;O7
8
clearly related to city business.
10;19;12
9
true his allegation that she wasn't a city em loyee.
10,19; 15
10
can take all of his allegations as true.
10:19:17
11
remains that given judicial notice of related:
In: 19:21
12
proceedings,
10,
There is no limitation on
pur~ly
There is no case or statutt that says
This was a city busIness case because
he moving
and s
it was
And we Can cake it as
We
The!fact
!
that Mr, Bell was acting in his scope as
.O:l~:U 13
city attorney; that he was entitled to -
is entitled to
)0:19:2B
14
immunity for his actions in that regard,
Thank you.
10,19,31
IS
1~:
16
10:
33
17
THE COURT:
The matter is deemed submitted.
The Court will issue a wLitten ruling in that matter.
(Proceedings concluded.)
18
19
20
21
22
,
23
'.
"
24
25
Tammy Stuckey
**
375-6793----______________
Case 9:11-cv-00064-DWM -JCL Document 124-5
Filed 10/18/11 Page 11 of 11
10
•
C E R
1
7
I F I CAT E
2
3
STATE
or
MONTANA
ss.
COUNTY OF RAVALLI
6
I, Tamara Stuckey, Offic:al Court
do hereby certify:
the State of Montar.a,
Repo~ter
7
8
9
10
11
•
12
for
~
That I was duly authorized to and did teport the
proceedings in the above-entitled cause;
That the foregoing pages of this trans9ript
constitute a true and accurate transcription
f my
stenotype notes.
I further certify that 1 am not an att
counsel of any of the parties, nor a relative
employee of any attorney or counsel connected
action, nor financially interested in the act
rney, nor
Or
with the
on .
13
IN WITNESS WHEREOF, I have hereunto set my hand
14
on this 2nd day of September, 2011.
15
16
17
18
19
~ara Stuckey
Official Court
-
Reporter
State of Montana
T~enty-First JUdicial Distric
t
20
21
I
22
23
•
24
25
Tammy Stuckey *. 375-6793-------------------
..
Case 9:11-cv-00064-DWM -JCL Document 124-6
Filed 10/18/11 Page 2 of 6
1
•
1
MONTANA TWeNTY-FIRST JUDICIAL DJSTRICT
2
RAVALLI COUNTY
3
4
MICHAEL 1':. SPREADBIlRY,
Plaintiff,
5
6
7
Cause No. DV-IO-224
vs.
NAtlSU RODDY,
a
Defendant.
9
10
11
•
Taken at the Ravalli County Courthouse
205 Bedford Street, Hamilton, Montana
friday, August 6, 2010
12
13
The Honorable John W. Larson Presiding.
14
15
TRANSCRIPT
or PROCEEDINGS
16
17
APPEARANCES;
18
Plaintiff, MICHAEL E. SPREADBURY. appearing pro sa.
20
For the OefEondant:
21
22
NATASHA FRINZING JONES
Boone Karlberg P.C.
201 west Main Street, Suite 300
Missoula. MT 59802
.•
23
24
•
25
Tammy Stuckey, RfR
**
375-6783
Case 9:11-cv-00064-DWM -JCL Document 124-6
Filed 10/18/11 Page 3 of 6
2
•
FRIDAY, AUGUST 6,
1
THE COURT:
2
2011
There was,
I believe, another
3
case where 1 indicated there would be some opportunity
4
to diSCUSS scheduling, the Spreadbury v. Roddy case,
5
DV-IO-224.
6
Scheduling Order.
We don't have a scheduling -- we do have a
7
MS. JONES;
Your Honor,
a
today a Proposed Scheduling Order.
9
Hr. Spreadbury.
I brought with me
I presented that to
We have agreed to the deadlines.
We
10
11
•
have not set forth a date for a settlement master.
would ask the Court's permission to consult by the
12
deadline, which is in December, and then add that
13
information later.
14
THE COURT:
We
That's agreeable to you,
15
Mr. Spreadbury, to WOrk out the date and time for a
16
settlement master by the deadline in December?
MR. SPREADBURY:
Yes, Your Honor.
I did
16
19
is something we need to work out.
20
the September 3rd might be a little bit early for me.
21
originally thought everything
22
like to get everything accomplished within six months,
23
•
speak with Ms. Jones and 1 do feel the settlement time
and it
24
doinQ that,
25
February something.
appe~rs
I'm noticing now that
wo~ld
be fine.
I
1 would
that that -- this would be very close to
bu~
then the last date that I saw was
Here it is,
Tammy Stuckey, RPR
February 11th.
.*
375-6183
I would
Case 9:11-cv-00064-DWM -JCL Document 124-6
Filed 10/18/11 Page 4 of 6
3
•
1
ask that the September date be moved back by a week, to
2
September 10th.
3
THE COURT:
Any objection Ms. Jones?
4
MS. JONES:
No objection.
5
TKE COURT:
So I'll interlineate three and
6
putting in ten.
7
MR. SPREADBURY:
a
TH8 COURT:
9
and a I10w you,
Yes, sir.
So I'll order that at this time
then, up unti 1 the Oecembe r da te
10
11
settlement conferences with the settlement masters
12
because their schedules are just like everyone else's
13
and the more lead time they have, the more flexibility
14
there is.
15
isn't quite available within that time frame,
16
regularly amended Orders to meet the scheduling issues
17
that the settlement master might have.
18
always a little flexibility built in, and just as you
19
did today, Mr. Spreadbury, if you have an issue,
20
certainly try to work i t out with opposing counsel.
21
•
hopefully -- I mean, you do need to schedule these
you can't, then you need to file
And certainly,
if your settlement master
22
23
•
MR. SPREAOSORY:
THE COURT:
II
So there's
If
written motion.
Thank you,
Thank you.
I
So I
Your Honor.
think we have
24
har.dled all matters this morning that we were going to
25
handle,
and t've handled other matters in chambers.
Tammy Stuckey, RPR
*- 375-6783
We
Case 9:11-cv-00064-DWM -JCL Document 124-6
•
1
2
Filed 10/18111
are adjourned.
(Proceedings concluded_)
3
4
5
6
7
8
9
10
11
12
•
13
14
15
16
17
18
19
20
21
22
23
24
•
2S
Tammy Stuckey, RPR •• 375-6783
- - - _..........................
_
.... _
..
Page 5 of 6
Case 9:11-cv-00064-DWM -JCL Document 124-6
Filed 10/18/11 Page 6 of 6
5
•
C E R T I F I CAT E
1
2
3
STATE OF MONTANA
4
COUNTY OF RAVALLI
6
I, Tamara Stuckey, Official Court Reporter for
the State of Montana, do hereby certify:
55.
7
8
9
10
11
•
12
That I was duly a~thorized to and did report the
proceedings in the above-entitled cause;
That the foregoing pages of this transcript
constitute a true and accurate transcription of my
stenotype notes.
I further certify that I am not an attorney. nor
counsel of any of the parties. nor a relative or
employee of any attorney or counsel connected with the
action, nor financially interested in the action.
13
14
IN WITNESS WHEREOF, I have hereunto set my hand
on this 19th day of September, 2011.
15
16
17
18
19
... io~
Tamara Stuckey
Jtuckl.,rt
Official Court Reporter
State of Montana
Twenty-First JUdicial District
20
21
22
23
•
24
25
Tammy Stuckey,
~PR
•• 375-6783
•
1
Peo Per
2
Michael E. Spreadbury
3
700 South Fourth St.
4
Hamilton, MT 59840
5
•
Tel. (406) 363-3877
F I LED
OEBBIE HARMON CLERK
MAY 07 2010
c--ua ' 'e? eel" , ...
DEPUTY
6
MONTANA 21 ST JUDICIAL DISTRICT COURT
7
RAVALLI COUNTY
8
9
10
11
12
13
14
15
16
17
18
MICHAEL E. SPREADBURY
Plaintiff
v.
KENNETHS.BELL
Defendant
<+
)
)
Cause No:DV-IO-223 /
)
AMENDED COMPLAINT
)
)
Cause of action:
This case is for eelieffor the intentional infliction of emotional distress.
Factual Background:
Plaintiff, acting on his own behalf, pleads and alleges as follows:
19
20
I. Plaintiff Michael Speeadbury is an individual and resides at 700 South 4th Street in the
City of Hamilton, County of Ravalli, State ofMonlana.
21
22
2. Defendant Kenneth S. Bell is an individual and is employed at 210 South 3lh Steeet, in the
City of Hamilton, County of Ravalli, State of Montana.
23
24
25
26
27
3. On or about November 20,2009, Plaintiff was in court for a civil order of protection
hearing (CV-2009-168) in Hamilton, MT. The appearance of Defendant Kenneth S. Bell
at this hearing was not part of his duties as City Attorney. Defendant Bell was allowed
by the court to examine the witness. Defendant Bell proceeded in leading the witness
through gestures, to give false testimony on the interaction between Plaintiff and
1
i
q
J
•
•
30
Petitioner which occurred Nov 4 2009. The false infonnation iIIicited by Defendant Bell
put Plaintiff in unnecessary jeopardy. Defendant Bell actions defamed Plaintiff without
due cause, or in good faith.
31
32
33
4. Based upon Defendant bome infonnation in the civil bearing, Plaintiff continues to be in
undue future harm by Defendant's actions for four (4) years by order of protection
infonnation.
34
35
36
37
38
5. Tbe acts of the Defendant described in paragraph 3and 4 of this Amended Complaint
were done willfully, maliciously, outrageously, deliberately, and purposely with the
intention to inflict emotional distress upon Plaintiffand were done in reckless disregard
oftbe probability of causing Plaintiff emotional distress, and these acts did in fact result
in severe and extreme emotional distress.
39
40
41
42
43
44
6. .As a direct and proximate result ofthe Defendant's acts alleges herein, Plaintiffwas
caused to incur severe and grievous mental and emotional suffering. flight, anguish,
shock, nervousness, and anxiety. Plaintiff continues to be fearful, anxious, and nervous
specifically but not exclusively regarding the future possibility of wrongful arrest and
prosecution. For this harm, Plaintiff requests compensatory damages in the amount of
$250,000.00
45
46
47
48
49
7. As a proximate result of the Defendant's actions alleged herein. Plaintiff has bad his
capacity to pUISue an established eour.;e of life destroyed by the Defendant. Plaintiff has
suffered pennanent damage to lifestyle and professional life as a result of Defendant
activity described in paragraph 3 through 5. Severe emotional distress bas inflicted
Plaintiff as a result.
28
29
50
51
52
53
54
8. This severe emotional distress was reasonable and foreseeable consequence of actions by
Defendant on November 20, 2009. Defendant did not take reasonable care to avoid
pennanent damage 10 Plaintiff's person, or defamation to Plaintiff. Defense actions on tbis
date were outrageous. Defendant Bell acted as Hamilton City Attomey for non city business
or city interest in a city court against Plaintiff. Defense actions were deliberate.
55
9. Plaintiff respectfully asks the court for a jury trial to resolve this matter.
56
WHEREFORE, Plaintiff Michael E. Spresdbury prays for judgment against Defendant Kenneth
S. Bell as follows:
57
58
I. Compensatory Damages in the amount 0($ 250,000.00
S9
2. Punitive Damages in the amount of$25,000.OO
60
3. Costs associated with the suit and such otberreliefas the Court deems proper.
2
•
•
61
62
63
64
Michael E. Spreadbury. Pro Se Plaintiff Attorney
3
•
1
•
FI LED
Pro Per
D~BBIE
2
Michael E. Spreadbury
3
700 South Fourth St.
4
MAY 07 2010
=0
Q
U
,)
(f
\
at.
Tel. (406) 363,3877
6
MONTANA 21 ST JUDICIAL DISTRICT COURT
7
RAVALLI COUNTY
8
9
/ ~.sl S,UtTI.__L-
I
DEAN'S CERTIFICATION
OF STUDENT'S MORAL CHARACTER AND LEGAL
COMPETENCE
J/v-r7> • ..Jf' _ £
_
1
'.1",/
Supervising A.ttorney 's mailing (ld~'ress
.~?
I
n;w" cue
city
.
,!"
2""
zip
.
SUBJECT TO SUCCESSFUL COMPLETION OF
SPRING SEMESTER COURSES
I hereby certify that, to the best of my knowledge, -f\r\Jft'lo 5, \.i'eiz:.s-te00
is duly enrolled in the University of Montana School of Law, which is approved
by the American Bar Association; has completed legal studies amounting to at
least two-thirds (2/3) of the total credit hours required for graduation (or is within
five credit hours ofmeeting this requirement) subject to successful completion of
all spring 2007 semester courses; is of good character; has competent legal
ability; and is adequately trained to perform as a legal intern.
I
I
£~«
\
E. Edwin Eck, Dean
School of Law
The University of Montana
c :L\STVPRAC\deancen: Si.ItlUller Provisional.wpd
I
I
Date
vu~ 2.5 \
State Bar of Montana
Horne
!For Ov( MepllJE:! S I
r
'Nho We P.re
For the Pi..bJ-C:
Store
Site
.searc~
Montana Student Practice Rule
May 1,1975
TIle following order wa$ issued by Ute Monism; SJJpreme Court on April 3f), 1975:
IN THE MATTER OF THE ESTABUSHMENT
OFA
MONTANA STUDENT PRACTICE RULE
PER CURIAM:
Dean Robert E. S4JMivElI"I of the Universil)' of Montana Law School. and RO/lald F. watennan, Esq., Chairman of Liaison Committee of the Montana Bar AssoCiation (now the
Stale Bar of Monwna) and rte SttJderlt Bat M$ociation of tt'!$ Law School, petitionoo this Court to adopt a rule permitting and gOlJ(!.ming studant prnctlt:e:
A hearing WM had Qtt s.aid peliljQl'1 end the proposed rule we ~ $U~ of a member Qf the State Bar of Moolarle, bW. outside the: personal presence Of that lawyer, an eUglbie laW Mu€lent
mav engage ttl 0Itler
~,if\('Judiog;
1. ~ at p1eadi~ and o!hef ooeumoofs to be IDed In any matter In wtlk:h !he stOOer!t is eIigibte to sweer, but sodt pfeading$ til' docUmool$l'IlU8t be _00 by
the suparvieing lawyer.
2. p~ oJ bfiefs, f.lbsfrad8, and olhar documents to be filed in appeIBte courts of !his. stale, but sud! documents must 00 tilJOOd b) 199 1 t1mt;f'.ctmen! to !he Sludet'lt Practice RuleSI
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,"
.,
Justice Court, Dept. 2
lOS Bedford Stteet, Suite F
Hamilton, Montana S9840
Phone: 406·375-6766
Jim Bailey, JU!ltice. ofthe Peace
SUMMARY OF FACTS
STATE Of MONTANA vs MIKE SfJl,EADBURY
Ravalli County Justice Court Case No. TK·2006-3068
On October 10, 2006 at approximately 10:30 PM, Mike Spreadbury received a citation for
assault, allegedly to have occurred at 285 Cooper Lane, Hamilton, Montana.
On October 18, 2006, Defense Attomey Sasha Brownlee filed a Notice of Appearance to
represent Mike Spreadbury.
On January 5, 2007, Mike Spreadbury appeared in Justice Court, Dept 2, with his attorney. He
was advised of the charge against him and advised of his rights. He pled not guilty. An
Omnibus Hearing was scheduled for March I, 2007. He was released on his own recognizance.
Mr. Spreadbury was advised by the Court that he had to personally appear in Court each and
every time his appearance was required unless specifically exempted by the Court. Mr.
Spreadbury was also advised to stay in contact with his attorney at all times and to contact his
attorney at least once a week (see Conditions of Release).
This Court schedules all Omnibus hearings once a month, and this case was originally set for
March 1,2007. Defendant's attorney, Sasha Brownlee, failed to appear at the hearing. She did
not file anything with the Court indicating she could not attend. She did not contact the Court,
either in person or by phone, to indicate she could not appear at the hearing
Because Defendant's attorney, Sasha Brownlee, failed to appear at the Omnibus hearing, it was
necessary to reschedule it for the following session, April 5, 2007 at 3:30 PM. Ms. Brownlee's
failure to appear at the originally scheduled Omnibus delayed the Defendant's speedy trial by
approximately 36 days.
On April 5, 2007, the Defendant's attorney appeared for the Omnibus hearing. At that time, a
jury trial was requested and, subsequently, scheduled for July 31,2007 at 9:00 AM.
fLl\ Z5L/
On the morning of July 30,2007, the State filed a Motion for Continuance. Shortly after the
Motion was filed, my Court Administrator, Jennifer Ray, personally contacted Defendant's
attorney and advised her that the Judge was considering the State's Motion to Continue and
asked if she would like to respond. Ms. Brownlee said she was at a family affair and did not
have the time to respond.
On July 30,2007, the Court denied the State's Motion, finding there was no good cause for a
continuance. Within a very short time, the State filed a Motion to Reconsider. It provided more
detail and explanation than the Motion to Continue. The Court did reconsider and granted the
Motion to Continue.
On July 30,2007, my Court Administrator again contacted Defendant's attorney and advised her
that the Motion to Continue had been granted. After some discussion, Sasha Brownlee said that
August S, 2007 "will work" for the jury triaL
On July 30, 2007, my Court Administrator followed-up the conversation with Sasha Brownlee
by providing her with a letter, detailing the new trial date and time. A copy ofthe letter was
provided to the County Attorney's office.
On August 6,2007, Defendant's attorney, Sasha Brownlee, filed a Motion to Dismiss, based on
speedy trial and discovery issues. In her Motion, it states "counsel informed Mr. Spreadbury that
the trial had been continued. Spreadbury informed counsel that he was scheduled to fly OUi for
his job with FEMA on August 1,2007." The Court denied the Motion on August 6, 2007.
On August 7, 2007, one day before the trial, Defendant Mike Spreadbury attorney, Sasha
Brownlee, filed a "Motion for Writ of Supervisory Control" with the Ravalli County District
Court. The "Writ of Supervisory Control" sought to reverse the Justice Court's denial ofthe
Defendant's Motion to Dismiss filed a day earlier.
On August 7, 2007, Ravalli County District Court Judge James Haynes denied Defendant's
application for "Writ of Supervisory Control".
The following look place on the morning of August 8, 2007, prior to commencement ofthe trial:
I.
Sasha Brownlee advised the Court that Defendant Mike Spreadbury was not
present.
2.
Defendant's attorney and the State's attorney, Angela Wetzstone, met with Judge
Bailey in chambers. When asked where her client was, Sasha Brownlee replied
that he had flown out of the State to his job with FEMA
3.
Ms. Brownlee was advised that a warrant would be issued for Defendant's failure
to appear. At this point, Sasha Brownlee told the ~ourt that she had not informed
her client of the date of tria!' Judge Bailey then referred to Ms. Brownlee's
Motion to Dismiss which was filed on August 6, 2007, in which she specifically
stated that she had informed Mr. Spreadbury that the trial had been continued.
and that he had infoI1l1ed her that he would be flying out on August 1,2007 for
255
employment.
p!j\
4.
Sasha Brownlee then informed Judge Bailey that she had told the Defendant the
trial had been continued, but had not told him the 8/8/07 date. Judge Bailey
informed Ms. Brownlee that he did not believe she could have talked to her cHent
on July 30,2007, with full knowledge the trial had been continued to August 8,
2007, and not have told him the new trial date, especially when on the same day
Mr. Spreadbury told her he was flying out of State on August 1,2007.
5.
Sasha Brownlee then informed the Court that I must "hate" her, that I was
prejudice against her client, and that I should recuse myself from the case. I
informed Sasha Brownlee that I did not know Mr. Spreadbury and had only seen
him onee during the arraignment. She was advised that I would not recuse myself
because of her failure to get her client to Court.
6.
I asked Ms. Brownlee to leave my office and go into the Courtroom, She refused
and was asked a second time. When that request failed, she was advised that if
she did not leave my office, she would be held in contempt. I was later advised
that she hit the wall with her fist after leaving my chambers.
As the trial proceeded, Defendant's attorney, Sasha Brownlee, called three witnesses to the
stand, One of those witnesses was Mary Miller, who identified herself as a live-in partner with
Mike Spreadbury. It was clear to the Court that if Mike Spreadbury's live-in partner knew the
date of trial, surely, Mr. Spreadbury was aware of it as well.
Defendant was found guilty of assault by ajury of his peers.
A warrant for the arrest of the Defendant was issued on the afternoon of August 8, 2007 for his
failure to appear and contempt under Section 3-10-401 MCA for failing to comply with Court
Orders.
On August 13,2007, Sasha Brownlee filed a Motion to Withdraw as the Defendant's attorney of
record, stating a conflict of interest between herself and Mike Spreadbury. The Motion was
granted on August 15,2007.
On August 15, 2007, a paralegal from the law firm of Stevenson, ludnich & Associates contacted
my Court Administrator and stated they would be filing a Notice of Appearance for Mike
Spreadbury, The paralegal indicated that the firm was not aware iliat Mr. Spreadbury had been
found gUilty in-absentia of assault, and she was advised that a warrant had been issued for
Defendant. She was further advised that a sentencing date would be scheduled when a Notice of
Appearance was filed. Later that day, a Notice of Appearance was faxed by Mathew M,
Stevenson of that law firm.
On August 16, 2007, Mike Spreadbury was arrested and then bonded. When he contacts the
Court, he will be advised to call the Court of Hamilton City Judge Mike Reardon, who will rule
on the matter contempt pursuant to Section 3-10-401 MeA.
Dated August 17, 2007
~
Jim Bailey, J
-
--~
ce ofthe Peace, Dept 2
Subscribed and sworn to before me on August 17, 2007.
"- &(YINA"-"-,,,,,,::---=-::--_
Notary Public for the State of Montana
Residing at Stevensville, Montana
My commission expires 1130/2011
Michael R. King
Special Assistant Attorney General
Risk Management and Tort Defense Division
1625 JJ'h Avenue - Middle Floor
P.O. Box 200124
Helena, MT 59620-0124
Telephone: (406) 444-2421
Fax: (406)444·2592
E-mail: mking@mt.gov
FILED
OEl!BIE H~RMON. CLERk
Attorney for Defendants Angela B. Wetzsteon and George H. Corn
MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT
RA VALL! COUNTY
MICHAEL E. SPREADBURY
Plaintiff.
vs.
ANGELA WETZSTEON and
GEORGE I-I. CORN.
Delcndanls
)
)
)
)
)
)
)
)
)
)
Cause No. DV-10-222!?
AFFIDA VIT OF
ANGELA B. WETZSTEON
Angela B. Wctzsleon, being first duly sworn, deposes and slales as
follows:
I)
William Fulbright was Ihe as.~igm.>d depUty county attorney on
Slate v. Spreadbury. Cause No. TK 2006-3068. Ravalli County Justice
Court;
2)
Under the authorization and supervision ofMr. Fulbright. I
tried the jury Irial against Mr. Spreadbury for assault in Cause No. TK 2006
3068, Ravalli County Justice Coun;
AFFIDAVIT OF ANGELA B. WETZSTEON
.l
.»
Mr, Spn:adbLiry did
2006-}06~
nnd was
COI1l'jCleU
nOI
t'thc procC'cdings in Calise No. TK 2006
306R. I do not rc(;,dl persollally misspelling
wriling. but if I
C\,(,I'
111\'
lasln!ll11c orally 01' in
..lid it was unintenlional ilnd I did
1101
illlcncill1:lt ,VIr.
Sprcadbury rely on uny stich misspelling 10 his dClrill1L'nL
Further this Allium saycth IUluglll,
DAn:!) lhisJ-BtlY oj' tvla)'. 2() IO.
A Vflll,\ Vft'
Ol~
AN(;":I.!\ II. \Vl':'rZSTt:O:\
2,
•
CERTIFICATE OF SERVICE
I certifY that Ii true and correct copy of the foregoing was served by
U.S. Mail, postage prepaid, this 41fi: day of May, 2010 upon;
Michael E. Spreadbury
700 South Fourth Street
Hamilton. MT 59840
BY:~_~
Lon Capli~
Legal Assistant
A'FIDAVIT OF ANCELA B. WETZSTEON
3
Michael R. King
Special Assistant Attorney General
Risk Management and Tort Defense Division
1625 ll'h Avenue - Middle Floor
P.O. Box 200124
Helena, MT 59620-0124
Telephone: (406) 444-2421
Fax: (406)444-2592
E-mail: mking@mt.gov
FILED
DJ:IlBIE '1ARMON. cu;~"
Attorney for Defendants Angela B. Welzsteon and George H. Corn
MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT
RA VALLI COUNTY
MICHAEL E. SPREADBURY
Plaintiff,
)
)
vs.
)
)
)
ANGELA WETZSTEON and
GEORGE H. CORN,
)
)
)
Defendants
Cause No. DV-IO-22¥AVIT OF (a:OI,(;E II. CDlt:-.l
,,
-
,
CERTIFICATE OF SERVICE
I certify that a true and correct copy ofthe foregoing was served by
5f-
US, Mail, postage prepaid, this ;;f 1- day of May. 2010 upon:
Michael E, Spread bury
700 South Fourth Street
Hamilton, MT S9840
BY:
AFFIOAVITOF CEORGE H, CORN
L;caplis 1
Legal Assistant
4
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