[AKidsRight.Org] Sen. Clinton - Help Us! Murtari Trial results.

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From: John Murtari (jmurtari@AKidsRight.Org)
Date: Thu Oct 04 2007 - 16:59:31 EDT

Good People & People of Faith,

[ /NOTE: normally group messages are always sent in just 'text' format.  
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This is an excerpt from material at the web site 

John Murtari's <http://www.AKidsRight.Org/resume_jm.htm> trial was 
yesterday, Oct 3rd,  for the two chalk writing incidents 
<http://www.kids-right.org/clinton/complain3.pdf> and also for contempt 
of a US Magistrate's Order 
<http://www.kids-right.org/clinton/complain2.pdf>.* *John could not 
afford to pay for counsel and none was assigned*.  * Some member of the 
group submitted some good case law to John, especially a decision from 
the US 9th Circuit Court of Appeals*, */ MacKinney v. Nielsen, 69 F.3d 
1002 <http://www.kids-right.org/clinton/chalk_case.pdf>/.  John was 
being charge under 41 CFR 102-74.380(b) 
*with 'destroying or damaging' government property.  In it's decision 
the 9th Circuit clearly states, / "No reasonable person could think that 
writing with chalk would damage a sidewalk."

/Before testimony began, John made a motion to the Court for dismissal 
and the Court reserved ruling till later. US Magistrate Judge Gustave 
DiBianco did not appear ready to proceed on the Contempt charge although 
both John and the Asst. US Attorney, Mr. Richard Southwick, were ready. 
Both asked that a pending contempt charge for an incident on Sep 27th be 
consolidated with this one.   After further discussion the Judge and 
prosecutor decided to 'wait' for the contempt trial. Trial proceeded 
just on the chalk incidents.

The facts at trial were pretty much in line with the incidents as they 
have been described below <http://www.AKidsRight.Org/clinton>.  Under 
cross-examination the Building Manager did admit that no 'repairs' were 
necessary and the effort to removed the chalk was just 'cleaning'.  At 
the end of the trial the Judge asked the prosecutor if he had anything 
to submit regarding the motion for dismissal.  He did and was given till 
Friday (the 5th) to submit any memorandum of law.  John would have a 
chance to reply.

The Judge then said he would call everyone back at a later date for a 
decision.  No future trial date was set for the Contempt charges. No 
time frame was given and it was not clear at all to John when this might 
happen?   No further events are planned by John for the remainder of 
this year.  He hopes to travel and see his son next month and have his 
son home at Christmas time...

"Our" effort should resume in early January and John hopes another Mom & 
Dad will join him in the Federal Plaza.

                                       John Murtari
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/

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