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Wednesday, October 01, 2008
Found Old Legal Log
I just found this old legal blog that I established in 2004 to keep my legal case records stored and moved it over to my midnightwriter files. This blog will be a support site to Making of A Walking and will include the history of free assembly and Forest Service regulations.

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Labels: constitution, first amendment, free assembly, Making of A Walking, Proposition One Committee, rainbow gatherings, The Midnight Writer

posted by TheMidnightWriter # 8:01 PM
Wednesday, March 10, 2004

posted by TheMidnightWriter # 1:37 AM
Thursday, March 04, 2004
Michigan emails court date in 2003
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To: freesmokeybear@lycos.com
Date: Wed, 25 Feb 2004 20:36:37 -0500
Subject: [rainbowtribe] Fwd: Re: Cheryl Gardner's Citation information/Letthe Games Begin!
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----- Original Message -----
From: "Free Assembler"
Date: Sun, 23 Feb 2003 03:28:15 -0500
To: whitehouse@brainwashington.com, sca@Free-Assembly.org,rainbowtribe@yahoogroups.com, weep@wildrockies.org
Subject: [rainbowtribe] Fwd: Re: Cheryl Gardner's Citation information/Let the Games Begin!


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Date: Sun, 23 Feb 2003 03:28:15 -0500
Subject: [rainbowtribe] Fwd: Re: Cheryl Gardner's Citation information/Let the Games Begin!
Reply-To: rainbowtribe@yahoogroups.com
Content-Type: multipart/alternative; boundary="dionfRMefOoixqOO0VAXDFG3t1x8ONmU9M3I50a"
Dear family and friends,

This hot off the press...just received an e-notice from the federal court in Michigan that the Roman games are still on and I am being called into the ampitheater. Need some support and input.

Hold peace high! and please free that little bear, he is innocent. He wasn't smoking and did not cause that forest fire.

Love you all,
Summer Breeze

P.S. Please send all input, comments, encouragement, love, hugs, smiles to helpsmokeybear@rescueteam.com

DATE: Tue, 18 Feb 2003 09:25:22
From: Pam_Chant@miwd.uscourts.gov
To: freesmokeybear@lycos.com
Cc:Pam_Chant@miwd.uscourts.gov,Nils.Kessler.usdoj.gov@uscmail.uscourts.gov
Ms. Gardner:

We have scheduled your arraignment and bench trial before Judge Greeley on
March 28, 2003, at 9:00 a.m. The court address is:

202 W. Washington Street
Marquette, MI 49855
906-226-3854

Assistant U.S. Attorney Nils Kessler will be prosecuting the case. He can
be reached at 906-226-2500. You may represent yourself or retain counsel
if you so desire.

If you have any questions, you may address them to either myself or Mr.
Kessler.

Sincerely,


Pamela Chant
Case Manager/Courtroom Deputy to Judge Greeley






"Free Assembler"
10/22/2002 12:47 PM
Please respond to freesmokeybear


To: pam@miwd.uscourts.gov
cc:
Subject: Cheryl Gardner's Citation information



Text Size: smalldefaultlargeextra large


Dear Pam,

The following information constitutes what appears on the actual citation.


I called Central Violations bureau and they mention that a hearing was
held on September 5 so I don't know what happened to the Michigan court's
record of this event. Please let me know if you find out anything.

Thanks for your help.
Sincerely,
Cheryl Gardner



I. Ticket Information

A. Loc. Code: MW75
B. Violation No. : F2680168
C. Officer Name: Elkins
D. Officer No. : 1299
E. Defendant's Name: Gardner, Cheryl Lynn
F. Date and Time of Offense: 7-10-02 1817
G. Offense Charged: 36 CFR 261.
H. Place of Offense: Entrance to gathering
@Choate
I. Offense Description: Use or occupancy of NFS
lands without a permit.
I. Court Address: "only if unpaid"
J. Date/Time : X
K. Collateral Fine: $100.00
L. Plea: NOT GUILTY



---
Sky Windspirit invites you to visit The Utah Peace Test.
http://www.angelfire.com/ut2/peacetest/index.html





_____________________________________________________________



posted by TheMidnightWriter # 10:50 PM
Conferring with Scottie Addison from Free Assembly I

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Su.15fe04

Ho Summer B -

Got your fax OK, sorry a bit slow... lots on my mind, and a
broken ankle to boot.

I hope the suggestions I made were a bit helpful. I know
nothing of the situation in California, but I'd observe that you did
the ONE THING in Michigan that I warned not to do: Nothing. By not
responding as advised or otherwise, you set yourself up for a warrant
and more hassles. Nuff sed.

========= snip =========

Hokay... SP called, talked to you about the Michigan plan,
Affidavit re-run, Motion to Dismiss, etc. Per request, sending 3 key
forms for legal observing & documentation. As for "How-To" lit, I
have never worked up a comprehensive piece to hand out, but among a
few targeted items from the past, the "Cooperating Investigators"
tome (jn02) might be interesting.

Let me know what you learn Tuesday... if the news doesn't
ripen by ~ 2 PM Pacific time, I may not be around 'til Wed.
morning... so call accordingly.

Hasta, sca


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posted by TheMidnightWriter # 10:46 PM
Attorney Correspondence with Joy Verlinden 2


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Reply-To:
From: "Joy Verlinden" [add to address book] [protect or block sender]
To:
Subject: RE: about a phone conference and motions to file and timelines
Date: Mon, 1 Mar 2004 10:04:33 -0500
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Dear Cheryl,

As to the information I have received, the hearing set for the 17th is only
an initial appearance, however your presence is required. We have not been
able to obtain any of the documentation yet, but we are working on it. Beth
has been able to confirm that the hearing is still on, and that you must be
there.

As for attorney/client privilege, anything I share with anyone else loses
its privilege and is discoverable to the prosecution - even if it occurs
with your express permision or direction. The privilege is not lost
however, if you share the information. Therefore, I will not directly
discuss your case with Scotty, instead, you can feel free to transmit to him
what you choose. He can communicate to me, preferably via email, and that
way, attorney client privilege remains intact.

Have you written up anything regarding your case - like a timeline of
events? That would be helpful to me. I have the notes I took during our
previous telephone conference, but of course, anything coming directly from
you would have more detail. I could then take what I need from your
writing - it could save us some phone time.

As for a motion to dismiss, I will look at what you have and make a
determination of the best way to proceed. We will need to discuss it
further.

I will follow up later, I have clients here. Otherwise I look forward to
talking to you tomorrow.

Regards,

Joy



-----Original Message-----
From: Free Assembler [mailto:freesmokeybear@lycos.com]
Sent: Saturday, February 28, 2004 2:18 PM
To: jverlinden@tmklawpc.com
Subject: about a phone conference and motions to file and timelines


Dear Joy,

Good morning from Cheryl Gardner, a/k/a Summer Breeze.{this is how most
folks know me}

I wanted to touch base with you as soon as possible. As yet we have not
discussed my case or any strategies. With a court date two and one half
weeks away, I feel we are running out of time to prepare motions, to discuss
important issues, and to file for pre-trial discovery. It is urgent that we
speak Monday or Tuesday so we can begin to line up our mode of operations.
Otherwise, the Michigan date for court of March 17 will be upon us and
nothing will have been accomplished.

As it is, I have to beg and borrow money just to make the trip. It will be
three to four days for us by bus or train, as our van is broken down. So
that is four to five days not available for document preparation. A

Also, as of yet I have received no records from previous Michigan hearings
or filings. As of yet, I have received no records from the arraignments in
Sacramento. I want the court transcript, most urgently, to cover some events
that took place there. Please get this as soon as possible.

I want to preserve my right for a trial by a jury of my peers, absolutely.
...no bench trial. I need to have a motion put in for that.

I have an affidavit in progress and will write a summary of events over the
next few days, but first and foremost records are needed, formal
notification by the court allowing me the time needed; a conference with you
on strategy; and a MOTION TO DISMISS.

I believe a Motion to Dismiss is our first important move. Please explain
the rules of procedure on this for me and give me a timeline to submit this
motion as well as all other motions possible in my case. I need to
understand the process for obtaining discovery.

Please communicate with Scottie Addison regarding my case. Scottie has
important documents and related information directly related to my case.
Scottie is a witness for me as well. Please email him at sca@design.org to
establish some form of direct communication and please tell me the rules of
client attorney privilege (what can we share, what can we not share,etc.).

I will look forward to a reply about some of these concerns on Monday, March
1, 2004. I will review any emails sent to me on Monday and contact you by
phone on Tuesday, March 2.


Until then I await instruction from you and will forward whatever documents
will be necessary for a motion to dismiss or to isolate a list of items to
acquire in discovery.

Thank you and have a great weekend.
Sincerely,
Cheryl
(530) 926-3923
freesmokeybear@lycos.com
cc: sca@design.org
GardnersIndustries@now.nu

http://GardnersIndustries.now.nu
http://cosmicmonkey.50megs.com
http://www.angelfire.com/mt/spirit/AngelsofTheLight.html

---
Sky Windspirit invites you to visit The Utah Peace Test.
http://www.angelfire.com/ut2/peacetest/index.html

P.S. Sending some attached files of documents that might be of interest to
prepping the motion to dismiss or other aspects of the case. The attachments
will come in subsequent emails.







posted by TheMidnightWriter # 10:22 PM
Attorney Correspondence with Joy Verlinden in Michigan 1

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Date: Sat, 28 Feb 2004 14:18:06 -0500
From: "Free Assembler" [add to address book] [protect or block sender]
Message-Id:
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Dear Joy,

Good morning from Cheryl Gardner, a/k/a Summer Breeze.{this is how most folks know me}

I wanted to touch base with you as soon as possible. As yet we have
not discussed my case or any strategies. With a court date two and
one half weeks away, I feel we are running out of time to prepare
motions, to discuss important issues, and to file for pre-trial
discovery. It is urgent that we speak Monday or Tuesday so we can
begin to line up our mode of operations. Otherwise, the Michigan
date for court of March 17 will be upon us and nothing will have been accomplished.

As it is, I have to beg and borrow money just to make the trip.
It will be three to four days for us by bus or train, as our van
is broken down. So that is four to five days not available for document preparation. A

Also, as of yet I have received no records from previous Michigan
hearings or filings. As of yet, I have received no records from
the arraignments in Sacramento. I want the court transcript, most
urgently, to cover some events that took place there. Please get this as soon as possible.

I want to preserve my right for a trial by a jury of my peers, absolutely.
...no bench trial. I need to have a motion put in for that.

I have an affidavit in progress and will write a summary of events
over the next few days, but first and foremost records are needed,
formal notification by the court allowing me the time needed; a
conference with you on strategy; and a MOTION TO DISMISS.

I believe a Motion to Dismiss is our first important move. Please
explain the rules of procedure on this for me and give me a timeline
to submit this motion as well as all other motions possible in my
case. I need to understand the process for obtaining discovery.

Please communicate with Scottie Addison regarding my case. Scottie
has important documents and related information directly related
to my case. Scottie is a witness for me as well. Please email him
at sca@design.org to establish some form of direct communication
and please tell me the rules of client attorney privilege (what
can we share, what can we not share,etc.).

I will look forward to a reply about some of these concerns on Monday,
March 1, 2004. I will review any emails sent to me on Monday and
contact you by phone on Tuesday, March 2.


Until then I await instruction from you and will forward whatever
documents will be necessary for a motion to dismiss or to isolate
a list of items to acquire in discovery.

Thank you and have a great weekend.
Sincerely,
Cheryl
(530) 926-3923
freesmokeybear@lycos.com
cc: sca@design.org
GardnersIndustries@now.nu

http://GardnersIndustries.now.nu
http://cosmicmonkey.50megs.com
http://www.angelfire.com/mt/spirit/AngelsofTheLight.html

---
Sky Windspirit invites you to visit The Utah Peace Test.
http://www.angelfire.com/ut2/peacetest/index.html

P.S. Sending some attached files of documents that might be of interest
to prepping the motion to dismiss or other aspects of the case.
The attachments will come in subsequent emails.







posted by TheMidnightWriter # 10:16 PM
Attorney Correspondence in Michigan- Joy Verlinden

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To: jverlinden@tmklawpc.com
Date: Sat, 28 Feb 2004 14:18:06 -0500
From: "Free Assembler" [add to address book] [protect or block sender]
Message-Id:
Mime-Version: 1.0
X-Sent-Mail: off
Reply-To: freesmokeybear@lycos.com
X-Mailer: MailCity Service
X-Priority: 3
Subject: about a phone conference and motions to file and timelines
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Organization: Lycos Mail (http://www.mail.lycos.com:80)
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Content-Length: 3285
Content-Transfer-Encoding: 7bit



Text Size: S M L XL



Dear Joy,

Good morning from Cheryl Gardner, a/k/a Summer Breeze.{this is how most folks know me}

I wanted to touch base with you as soon as possible. As yet we have
not discussed my case or any strategies. With a court date two and
one half weeks away, I feel we are running out of time to prepare
motions, to discuss important issues, and to file for pre-trial
discovery. It is urgent that we speak Monday or Tuesday so we can
begin to line up our mode of operations. Otherwise, the Michigan
date for court of March 17 will be upon us and nothing will have been accomplished.

As it is, I have to beg and borrow money just to make the trip.
It will be three to four days for us by bus or train, as our van
is broken down. So that is four to five days not available for document preparation. A

Also, as of yet I have received no records from previous Michigan
hearings or filings. As of yet, I have received no records from
the arraignments in Sacramento. I want the court transcript, most
urgently, to cover some events that took place there. Please get this as soon as possible.

I want to preserve my right for a trial by a jury of my peers, absolutely.
...no bench trial. I need to have a motion put in for that.

I have an affidavit in progress and will write a summary of events
over the next few days, but first and foremost records are needed,
formal notification by the court allowing me the time needed; a
conference with you on strategy; and a MOTION TO DISMISS.

I believe a Motion to Dismiss is our first important move. Please
explain the rules of procedure on this for me and give me a timeline
to submit this motion as well as all other motions possible in my
case. I need to understand the process for obtaining discovery.

Please communicate with Scottie Addison regarding my case. Scottie
has important documents and related information directly related
to my case. Scottie is a witness for me as well. Please email him
at sca@design.org to establish some form of direct communication
and please tell me the rules of client attorney privilege (what
can we share, what can we not share,etc.).

I will look forward to a reply about some of these concerns on Monday,
March 1, 2004. I will review any emails sent to me on Monday and
contact you by phone on Tuesday, March 2.


Until then I await instruction from you and will forward whatever
documents will be necessary for a motion to dismiss or to isolate
a list of items to acquire in discovery.

Thank you and have a great weekend.
Sincerely,
Cheryl
(530) 926-3923
freesmokeybear@lycos.com
cc: sca@design.org
GardnersIndustries@now.nu

http://GardnersIndustries.now.nu
http://cosmicmonkey.50megs.com
http://www.angelfire.com/mt/spirit/AngelsofTheLight.html

---
Sky Windspirit invites you to visit The Utah Peace Test.
http://www.angelfire.com/ut2/peacetest/index.html

P.S. Sending some attached files of documents that might be of interest
to prepping the motion to dismiss or other aspects of the case.
The attachments will come in subsequent emails.







posted by TheMidnightWriter # 10:13 PM
First Post to Legal Log
This Blog is a Legal Log for keeping track of information and events related to Cheryl Gardner.
posted by Legal # 9:38 PM
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