Spreadbury v. Bitterroot Public Library et al

Filing 57

RESPONSE to Motion re 51 MOTION for Partial Summary Judgment DEF LEE ENTERPRISES INC'S BRIEF IN OPPOSITION TO PL'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST LEE ENTERPRISES filed by Lee Enterprises Incorporated. (Attachments: # 1 Exhibit FOUNDATIONAL AFFIDAVIT OF JEFFREY B. SMITH, # 2 Exhibit A - Affidavit of Stacey Mueller, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Smith, Jeffrey)

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EXHIBIT C Candidate attends procedural hearing X Page I of2 RavalliRepublic.com Candidate attends procedural hearing by SEPP JANNOTTA - Ravalli Republic I Posted: Tuesday, November 3, 2009 t2:00 am Hamilton mayoral candidate Michael Spreadbury spent less than l0 minutes Monday in court for a procedural hearing stemming fiom charges that he criminally trespassed at the Binerroot Public Library. The misdemeanor charge was issued in August - Spreadbury pleaded not guilty - following a visit to the Hamilton library after he had been banned from the premises because he insisted he be allowed to place a letter accusing local public oflicials ofviolaling citizens' rights on the library's reserve shelf. One day before Hamilton voters are to decide the fate ofhis 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 qu€stions liom a voter outside City Hall prior to the court session. Wilh no redirect b€yond a glance from City Coun Judge Michael Reardon, Bell responded that he did indeed. Reardon told Spreadbury that Bell will have a week to respond to a pair ofmotions he has filed. On Oct. 26, Spreadbury, who is representing himselfafter 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. 2E. lfconvicted, Spreadbury faces a maximum penalty ofa $500 fine, six months in jail and $92 in coun fees and surcharges. Meanwhile, Spreadbury,38, has continued his mayoral campaign. On his Web site - www.spreadburv4mavor.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 speaialist at the Federal Emergency Management Agency. Spreadbury, who also proclaims that he has owned a firearm since | 981, 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 ofmisdemeanor 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 county 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 yisits to county ofTices. The county commission wrote Spreadbury a letter in February asking him to stop his harassment ofcounty employees. Also, according to public records, police have responded l3 times since April 2008 to complaints about Spreadbury's behayior at the library, the county administration building, the county clerk ofcourt's office, the Ravalli Republic, the Hamilton School District, Marcus Daly Memorial Hospital, KMSO 102.5 Mountain FM and the county fairgrounds. http://ravallirepublic.com/news/article_882790fa-e603-559c-aefa-b7{b078655af.html?print...6l12/2011 Candidate attends procedural hearing All ofthe complaints allege that Page 2 of 2 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 ajury trial would be mailed to him within l0 days. Thejudge also explained the process for evidence discovery. Although he was in fiont ofthejudge for less than l0 minutes, it was too long for the mayoral candidate, who appeared displeased as he left the courtroom. "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 siannotta@ravallirepublic.com. http://ravallirepublic.com/news/article_882790fa-e603-559c-aefa-b7fbO78655af.html?print...6/12l20ll

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