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May 18, 2005

Honorable Gustav J. DiBianco
US Magistrate Judge
RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396

Dear Judge DiBianco:

I wish to briefly address you regarding a trial date for this matter. I wasn’t quite sure what to expect in Court this morning and it is difficult for me to speak “on my feet” in response to items that have strong consequences for my family. I hope I can better address it now.

As I said my summer vacation dates with Domenic are June 10th to July 23rd. I accompany him on the flights, so I am also ticketed departing early on June 9th and returning on July 24th. The two potential trial dates of June 8th or June 15th are both devastating to the family.

If we go on June 15th, I would have already picked up Dom. He would be here. He and my mom would probably be at the trial. If I was found guilty and sentenced to start a jail sentence in that vacation time frame – I would have to send Dom back to Colorado (and most likely alone because I could not afford to accompany him). It would be devastating.

If we go on the 8th, everything would be up in the air? It could mean a last minute flight cancellation and no summer vacation at all. My former spouse usually has summer plans to travel when Domenic is with me – it could turn into a real mess. I must also struggle with what I can tell my mother or Domenic in advance? Nothing is for sure and it would only cause them anxiety. My son has been through so much unnecessary pain in his life. I hope a train wreck can be avoided now.

I genuinely wish I did not have to write this or to put you or Mr. Southwick in this position. I certainly have no ‘right’ to have my personal affairs taken into consideration and as Mr. Southwick has said so well on many occasions, “I know what the consequences might be when I do my activity.” I have no ill will whatever happens; you both have a job to do. But I have to make a plea simply for ‘mercy’ in how this is handled:

o I am not a criminal. I do not come to the building to commit crime or for personal gain. The issue is recognition and protection of the Civil Right of parents to raise their own children. When laws are changed, it will be too late for Domenic and I, unless it helps him as an adult.

o My goal is to help convince Senator Clinton that she needs to meet with parents. I know she cares about these issues and I genuinely feel it is only a matter of time till she has the ability to meet with us. I wish more people would join in the effort. I do not have 100,000 people with me, but I do have the depth of my love for Dom and the willingness to sacrifice whatever else I have to show that belief. What happens in ‘family’ courts across the nation are painful violations of the family bond.

o It was said “I do not schedule my activity” when I come to the building. It is true I do not ask permission. But via the website I do let them know when I will be there. I try to stick to a consistent routine to make it easy for security to respond. On several occasions when they have been busy with other matters, I have voluntarily left. There are never any angry words or the use of force on my part. I am cordial to staff. I have gotten advice to ‘contrive’ situations that could be video taped to make security look bad – I have refused. These are not the ways of a ‘criminal’.

o I have cooperated with the local US Attorney’s office in reporting observations of prison staff misconduct during my last two sentences without expecting any ‘break’.

o The example of my action has helped avoid potential outbreaks of violence by other parents. Through the AKidsRight.Org group I have a positive impact on people’s ideas. I dissuade the ideas of ‘violence’ or ‘revenge’ and people listen because they see my actions. If only ONE serious incident of domestic or Court violence is avoided, it will be worth all the resources the government has expended with me.

o I proceed slowly with measured actions in the hope time will bring a meeting with Senator Clinton and resolution to all this. The ‘graffiti’ I am accused of was a small chalk message, “Domenic, I Love You. Senator Clinton Help Us!” There were other incidents after this arrest on 4/17. Security took my chalk and let me go on several occasions. My attempts to write with chalk on the wall have ceased. The web site has full details of the incidents.

I wish there was something I could offer you in exchange for your consideration. I’m afraid I cannot just plead ‘guilty’. I had thought I could agree to some type of pre-trial detention to get any type of sentence with over in advance – but that probably isn’t possible either without pleading guilty. I had hoped to include the financial information with this letter, but it is at home and I will send it tomorrow.

Respectfully yours,

John Murtari 635-1968, x-211 http://www.AKidsRight.Org/