Spreadbury v. Bitterroot Public Library et al

Filing 261

Statement of Undisputed Fact re: 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A - Aff of Backus - Newsworthy, # 2 Exhibit B - Petition to Ravalli County, # 3 Exhibit C - Pl to Messina (10-19/2007), # 4 Exhibit D - Pet Recall Sheriff Hoffman, # 5 Exhibit Pet Recall Ravalli Co Attorney Corn, # 6 Exhibit F - Ltr Pl to McCulloch (2/10/2009), # 7 Exhibit G - Ltr Commrs to Pl (2/17/2009), # 8 Exhibit H - Ltr PL to McCulloch w Recall Pet, # 9 Exhibit I - Ltr Kimmet to PL (3/13/2009), # 10 Exhibit J - Ltr Quintana to PL (3/23/2009), # 11 Exhibit K - Ravalli Republic Article (2/19/2009), # 12 Exhibit L - Blog Bitterroot Rising (2010), # 13 Exhibit M - Blogger User Profile, # 14 Exhibit N - Crystal Cox Blog (2011), # 15 Exhibit O - Blog - Ravalli Co Sheriff Dept (8/8/2009), # 16 Exhibit P - Crystal Cox Blog (2012), # 17 Exhibit Q - Library Thing, # 18 Exhibit R - Spreadbury Youtube MT, # 19 Exhibit S - Ravalli Republic Article (11/3/2009), # 20 Exhibit T - Find My Threat Story (11/17/2011), # 21 Exhibit U - Ravalli Republic Article (6/9/2010), # 22 Exhibit V - USDC Complaint (7/30/20100, # 23 Exhibit W - Aff Backus (Standard of Care), # 24 Exhibit X - Aff Devlin (4/2/2012), # 25 Exhibit Y - Bitterroot Rising Archives (2010)) (Smith, Jeffrey)

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EXHIBIT S Candidate X un**rocedural Page hearing I of2 navattinePublic.com Candid ate attends procedural hearing by SEPP JANNOTTA - Ravalli Republic I Posted: Tuesday, November 3' 2009 12:00 am Hamilton mayoral candidate Michael Spreadbury spent less than l0 minutes Monday in court for stemming from charges that he criminally trespassed at the Bitterroot Public Library. a procedural hearing library The misdemeanor charge was issued in August - Spreadbury pleaded not guilty - following a visit to the Hamilton premises because he insisted he be allowed to place a letter accusing local public officials after he had been banned from the of violating citizens' rights on the library's reserve shelf. One day before Hamilton voters are to decide the fate of his run for the mayor's seat, Spreadbury asked if Hamilton City Attorney Ken Bell intended to take his case to trial' ,,Does the prosecutor intend to proceed with this case?" asked Spreadbury, who was answering questions from a voter outside City Hall prior to the court session. With no redirect beyond a glance from City Court Judge Michael Reardon, Bell responded that he did indeed. Reardon told Spreadbury that Bell will have a week to respond to a pair of motions he has filed. On Oct. 26, Spreadbury, who is representing himself after initially requesting a public defender, filed a request for change venue and a motion to reconsider the charges. of A trial date is set for Jan.28. If convicted, Spreadbury faces a maximum penalty of a $500 fine, six months in jail and $92 in court fees and surcharges. Meanwhile, Spreadbury, 38, has continued his mayoral campaign. On his Web site - www.spreadbury4mavor.com - Spreadbury said: "First and foremost, I am for Oxygen, and the proper use of it. Second, I am for the U.S. Constitution, and implementing it in Ravalli County. We need it, due to people in power abusing our right to assemble, speak, and pursue happiness. It is our right to do this, not their right to decide WHOM is allowed to do this in Ravalli County Montana." According to the Web site, Spreadbury is a geological consultant, a former teacher and a former project specialist at the Federal Emergency Management Agency. Spreadbury, who also proclaims that he has owned a firearm since 1981, has had previous run-ins with local law enforcement. ln October 2006, he was in court for allegedly assaulting a neighbor who had a bum pile on or near their adjoining property line. According to court records, ajury convicted Spreadbury of misdemeanor assault in August 2007 and he was sentenced to six months in jail with five months suspended and $514 in court costs and fees. A judge later threw out the conviction, ruling he had not received a timely trial. Since then, Spreadbury has maintained his arrest, prosecution and conviction were part ofan ongoing conspiracy by top eounty officials, supported by the Ravalli Republic, to deny Constitutional rights to him and others. He has voiced his complaints about corruption and incompetence at public meetings, on his Web site and in visits to county offices. The county commission wrote Spreadbury a letter in February asking him to stop his harassment of county employees. Also, according to public records, police have responded l3 times since April 2008 to complaints about Spreadbury's behavior at the library, the county administration building, the county clerk of court's office, the Ravalli Republic, the Hamilton School District, Marcus Daly Memorial Hospital, KMSO 102.5 Mountain FM and the county fairgrounds. http:llravallirepublic.com/news/article_882790fa-e603-559c-aefa-b7fb078655af.html?print... 3/2612012 Page2 of2 Candidate attends procedural hearing All of the complaints allege that he acted inappropriately, which Spreadbury denies. He has only been charged in connection with the library incident. Reardon used Monday's hearing to explain to Spreadbury that, as his own defense counsel, papers detailing the criminal complaint, the statute that charges were made under and a guide explaining a jury trial would be mailed to him within l0 days. Thejudge also explained the process for evidence discovery. Although he was in front of the judge for less than displeased as he left the courtroom. l0 minutes, it was too long for the mayoral candidate, who appeared "Waste of time," Spreadbury said. Log on to RavalliRepublic.com to comment on this and other stories. Reporter Sepp Jannotta can be reached at 363-3300 or sjannotta@ravallirepublic.com. http://ravallirepublic.com/news/article_882790fa-e603-5 59c-aefa-b7fbO78655af.html?print... 312612012

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