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)

EXHIBIT G

Groggy defendant seeks to delay Ravalli County court headng on intimidation

charges

Page

I of2

rillrls$oulitrn
Groggy defendant seeks to delay Ravalli County court hearing
on intimidation charges
By PERRY BACKUS Rayalli Republic

I

Posted: Thursday, December 3,2009 l0:

l5 pm

HAMILTON - A groggy Michael Spreadbury asked for a continuance ofhis initial appearance in Ravalli County District
Court on felony intimidation charges Thursday.
The former Hamilton mayoral candidate told Ravalli County District Judge James Haynes that he didn't know about the
hearing and was sleeping when the call came fiom his lawyerjust after 9 a.m.
Spreadbury is charged with threatening a Hamilton librarian on Nov. 4.
He had been in the Missoula County Detention Center until earlier this week on $10,000 bail set in Justice Cour!. After
Haynes reduced bail to $1,500, Spreadbury was released from jail.
His attomey, Nick Miller, told Haynes the hearing notice was s€nt to the Missoula County Detention Center and arrived after
Spreadbury had been released.

"lt

is not his fault-" Miller said.

Spreadbury had several exchanges with Haynes during the short hearing that followed. When Haynes asked him about his
ability to proceed with the hearing, Spreadbury replied: "l just woke up about five minutes ago. I'm a little bit groggy."
Spreadbury then took offense when Haynes asked him the standard question of vlhellter he was on any drugs, alcohol or
prescription medications that could inhibit his ability to proceed. Spreadbury replied that he had observed many diflerent
court proceedings and that he'd never seen ajudge ask this type ofquestion ofa defendant.
Spreadbury also told Haynes that he doesn't belieye there is probable cause for him to be charged in this case.

"That needs to be addressed very, very soon," he said.
In a motion to reduce bail, Miller said Spreadbury may bring a motion to dismiss the case at a later date.
"The allegations do nol include any accusation that force or violence was used, nor that any threat ofbodily injury was
communicated to the alleged victim, seriously undermining the state's ability to prove an essenlial element ofthe intimidation
crime charged," Miller wrote .

The intimidation charges stem from an alleged encounter Spreadbury had with Nansu Roddy as she left the Bitterroot
Public Library at about midday on Nov.4.
Spreadbury had earlier been charged with misdemeanor criminal trespass at the library after he was banned fiom the premises
because he insisted he be allowed to place a letter accusing Iocal public officials ofviolating citizen's right on the Iibrary's
reserve sheli

He pleaded not guilty in that case in Hamilton City Court. A trial has been set for January.
The affidavit filed in the felony case said Spreadbury confronted Roddy in a parking lot and asked her to do something about
the charges he faced. When she said she couldn't, the affidavit said Spreadbury became more agitated. Roddy told ofTicers she

felt threatened and ran to her car.
Spreadbury has a history ofconfrontation with people.
Last February, the Ravalli County Commission wrote Spreadbury a letter asking him to stop harassing county employees.

http://missoulian.com/news/state-and-regional/article_d34ce788-e086-

I I de-a00b-001cc4c... 6/12/2011

Groggy defendant seeks to delay Ravalli County court hearing on intimidation

charges

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According to public records, police have responded l3 times since April 200E to complaints about Spreadbury's behavior at
the library, the county administration building, the county clerk ofcourt's omce, the Ravalli Republic, the Hamilton School
District, Marcus Daly Memorial Hospital, KMSO 102.5 Mountain FM and the Ravalli County Fairgrounds.

All ofthe complaints allege that he acled inappropriately, which Spreadbury

denies.

Ravalli Republic editor Perry Backus can be reached at 363-3300 or at pb4qkq5I@Elallircplbli$qq.

htto://missoulian.com/news/state-and-resional/article d34ce788-e086- I I de-a00b-001cc4c... 611212011