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 H Page 1 of2 Spreadbury almost misses initial appearance x RavalliRepublic.com Spreadbury almost misses initial appearance by PERRY BACKUS - Ravalli Republic I Posted; Fridly, December 4' 2009 l2:00 8m A groggy Michael Spreadbury asked for a continuance ofhis initial appearance in Ravalli County Districl Coun 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 from 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 a Haynes reduced bail to $1,500, Spreadbury was released from jail. $ 10,000 bail set in justice court. After His anomey, Nick Miller, told Haynes the hearing notice was sent to the Missoula County Detention Center and arrived affer Spreadbury had been released. "h is not his fault," Miller said. Spreadbury had several exchanges with Haynes during the shon hearing that followed. When Haynes asked him aboul 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 ofwhether he was on any drugs, alcohol or pr€scription medications that could inhibit his ability lo proceed. Spreadbury replied that he had observed many different court proceedings and that he'd never seen ajudge ask this type ofqueslion ofa defendant. Spreadbury also told Haynes that he doesn't believe there is probable cause for him to be charged in this case. "That needs to be addressed very, very soon," he said. ln a motion to reduce bond, Miller said Spreadbury may bring a motion to dismiss the case at a later date. "The allegations do not 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 essential element ofthe intimidation crime charged," Miller wrote. Haynes offered to step down from the case saying his former wife is the alleged victim and a material witness is a tenant in his former law office building. "l don't believe I have any bias ... but there could be the appearance ofimpropriety," Haynes told both sides. Spreadbury told Haynes he'll consider that possibility after discussing the maner with his attorney. The intimidation charges stem from an alleged encounter Spreadbury had with Nansu Roddy as she left the Bittenoot 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 local public oflicials ofviolating citizen's right on the library's reserve shelf. He pleaded not guilty in that case in Hamilton City Court. A trial has been set for January. fie 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 officers she felt threatened and ran to her car Spreadbury has a history ofconfi'ontation with people. Last February, the Ravalli County Commission wrote Spreadbury a letter asking him to stop harassing county employees. http://ravallirepublic.com/news/article_01b68e34-95ec-5e7b-a4f9-effdTcledebf.html?print...6l12/2011 Spreadbury almost misses initial appearance Page 2 of 2 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 ofcourt's office, the Ravalli Republic, the Hamilton School Dislrict, Marcus Daly Memorial Hospital, KMSO 102.5 Mountain FM and the county fairgrounds. All ofthe complaints allege that he act€d inappropriately, which Spreadbury denies. The state's case is being handled by Joel Thompson ofthe Cascade County attomey's office, He was appointed because conflicts betw€en Spreadbury and the Ravalli County Attorney's office and the Montana Attomey General's office. of As Spreadbury exited the courtroom Thursday, he stopped next to Thompson. "l want to shake this man's hand," he said as he extended his hand toward Thomoson. "Hi Joel." Looking a bit startled, Thompson said "OK" and shook Spreadbury's hand. Spreadbury was defeated by incumbent Hamilton Mayor Jerry St€ele by a vote of 756 to 205 in November's election. Editor Perry Backus can be reached at 363-3300 or editor@ravallirepublic.com. http://ravallirepublic.com/news/article_01b68e34-95ec-5e7b-a4f9-effdTcledebf.html?print...6/1212011

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