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 F Page 1 of2 Former candidate charged with intimidation x RavalliRepublic.com Former candidate charged with intimidation by PERRY BACKUS - Ravalli Republic I Posted: Wednesday, November ll,2009 12:00 am Former Hamilton mayoral candidate Michael Spreadbury is facing a felony intimidation charge for allegedly threatening a Hamilton librarian on Nov.4. Spreadbury appeared before Ravalli County Justice Robin Clute Tuesday affemoon. According to an afTidavit filed in the case, Spreadbury allegedly threatened Nansu Roddy as she left the Bitterroot Public Library midday on Nov. 4 in an adjoining parking lor. It wasn't the firsl time that Spreadbury had a run in with library staffmembers. Spreadbury was charged with misdemeanor criminal trespass at the library in August after being banned from the premises because he insisted he be allowed to place a letter accusing local public offrcials ofviolating citizens' rights on the library's reserve shelf. Spreadbury pleaded not guilty in that case. A trial has been set for January. The affidavit said Spreadbury spotted Roddy in the parking lot and pulled into an empty parking space that she was about to walk through. He opened his truck door and told the woman: "You need to do something about what is happening to me." Roddy replied fiat she couldn't do anything, nor was she in a position to help him. As the conversation continued, the woman told police that Spreadbury became more agitated and his voice changed when he said: "You need to go to Ken Bell and tell him to close this case." Bell is the Hamilton city prosecutor. The affidavit said Spreadbury continued to rcstate his demand that Roddy do something and raised his fist and pumpcd it into the air as he lalked. The woman told Hamilton police oflicers later that she felt threatened by Spreadbury's behavior and felt she needed to distance herself from him. Roddy ran to her car as Spreadbury departed the scene in his truck. The interaction was witnessed by Gavin Ricklefs fiom his office across the sfieet. While he couldn't hear what was being said, Ricklefs said Spreadbury was "agitated and confrontational" and saw Spreadbury raise and pump his hand in the air at me woman. Ricklefs told officers Roddy appeared frightened as she moved toward another parked vehicle. He was concerned enough about her safety that he was preparing to go to the scene when the confrontation ended, the affidavit said. Spreadbury has a history of confrontation with a number ofdifferent people. The Ravalli County Commission wrote Spreadbury a letter in February asking him to stop his harassment ofcounty employees. According to public records, police have responded l3 times since April 2008 to oomplaints about Spreadbury's behavior 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. All ofthe complaints allege that he acted inappropriately, which Spreadbury denies. Spreadbury will next appear in Ravalli County District Court on the f€lony charge. Joel Thompson ofthe Cascade County attomey's oflice has been appointed as a special deputy county attomey in the case. http://ravallirepublic.com/news/article_c23e55ac-28c 1-5099-8d6b-93 03fce871c0.html?pri... 611212011 Former candidate charged with intimidation Page 2 of 2 Thompson said Tuesday his appointment was a result ofconflicts between Spreadbury and the Ravalli County attomey's office and Montana Attomey General's OfIice. "Normally when there's there to be two lavels a conflict, the case goes to the attomey general's ofIice," Thompson said. "lt's pretty unusual for ofconflict ofinterest." Thompson said he didn'1 know the paniculars in the case. Clute set Spreadbury's bail at $ I0,000. She also ordered him to stay al least 600 feet away from the librarian's residence or the Hamilton Public Library. lfSpreadbury violates the conditions, Clute said he would be arrested and his bond would be set no less than $50,000. Spreadbury was defeated by incumbent Hamilton Mayor Jerry Steele by a vote of756 to 205 in last week's election, Log on to RavalliRepublic.com to comment on this and other stories. Editor P€rry Backus can be reached at 363-3300 or editor@ravallirepublic.com. http://ravallirepublic.com/news/article_c23e55ac-28c I -5099-8d6b-9303fce871c0.html?pri... 611212011

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