Bill Windsor has filed a motion to dismiss the criminal charge against him for an email to an attorney

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Bill Windsor has filed a motion to dismiss the criminal charge against him for an email to an attorney. 

As far as William M. Windsor knows, he may be the only person ever criminally prosecuted for communication of a legal document to an attorney that was required by federal law.

Yes, it is totally ridiculous, but two years in the Montana State Prison is not funny...

Here is the Motion that is being filed today.  Joomla and Microsoft Word don't get along well, so forgive spacing and numbering.  The filing was correct.

This is the alleged crime, an email sent on February 6, 2014 that transmitted notice of filing an affidavit in a federal court case in which the attorney was shown as the agent for a party. 

The short story to this is that an email was sent.  Emailing an attorney is certainly a Constitutionally-protected activity as well as a legal REQUIREMENT.  The bogus protective order issued against me on August 23, 2013 expired.  Even if it hadn't expired, it did not limit emailing legal documents to an attorney, and if it had, it would have been invalid as that would violate the Constitution and federal law.  The State of Montana has no evidence or testimony to prove that I personally sent the email, and their obligation is to prove that I sent it for the purpose of commiting a crime.  That's a joke.

MONTANA FOURTH JUDICIAL DISTRICT COURT

MISSOULA COUNTY

State of Montana,                                 §        Dept. No. 3

          Plaintiff,                                     §        Cause No. DC-14-509

   v.                                                       §       

William Michael Windsor,                   §        MOTION TO DISMISS

          Defendant.                                  §        CHARGE #5 - EMAIL

                                                                                                                

          COMES NOW William M. Windsor, Defendant, who files this “Motion to Dismiss Charge #5 – Email,” and shows the Court as follows:

INTRODUCTION

  1. William M. Windsor has been simultaneously charged with five protective order violations. (See DC-14-509 Docket # 1, 2, 3, 4, and 5.)
  2. There are many reasons why this and all the charges should be dismissed. Other grounds have been or will be presented in separate motions. This motion simply addresses the specific reason why this unique charge must be dismissed.

FACTUAL BACKGROUND

  1. The charge reads: “On or about the 6th day of February, 2014, the above-named Defendant committed the offense of violation of an order of protection when, with knowledge of the order, purposely or knowingly violated a provision of an order provided for in 40-4-121 or an order of protection under Title 40, chapter 15, to wit: “Defendant emailed Claudia Denker-Eccles, Associate Counsel for the University of Montana, This e-mail address is being protected from spambots. You need JavaScript enabled to view it a third or subsequent offense.”
  2. Exhibit 24 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of something that was sent on that date: Notice of Filing of Affidavit of Mary Wilson This is a legal document that William M. Windsor was required to send to Claudia Denker-Eccles by federal law.  As she was the attorney-of-record for the University of Montana, a defendant in a case filed by William M. Windsor, she had to be sent this notice and affidavit.  Exhibit 25 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of evidence that the University of Montana was a defendant, that she is the listed agent, and that she was served with the required legal service copy.
  3. On August 17, 2015, each of the State’s witnesses were interviewed. The witness with knowledge of the email is Claudia Denker-Eccles, an attorney for the University of Montana. She testified that she received an email. She had no personal knowledge as to who sent the email other than the name Bill Windsor was on it. She did not report the email to anyone. She did nothing but advise her superior that she received an email. She never made a criminal complaint of any type. She was under the mistaken impression that the University of Montana had applied for and obtained a protective order.

ARGUMENT

A.   THE TEMPORARY ORDER OF PROTECTION DOES NOT PROHIBIT EMAILING TO ATTORNEYS REGARDING LITIGATION.

  1. The Temporary Order of Protection (“TOP”) on which the charges are based does not prohibit emailing to attorneys regarding litigation. A true and correct copy of the TOP served on William M. Windsor is attached as Exhibit A hereto.
  2. There is nothing in the expired TOP to prohibit William M. Windsor from having contact with the attorney for the University of Montana.  He was required by Federal Rules of Civil Procedure Rule 5 to do so.
  3. Montana law provides that orders of protection may apply only to the applicants. (Montana Annotated Code 40-15-116, 40-15-101, 40-15-102.) Attorney Claudia Denker-Eccles was not a victim nor was she an applicant, so this does not apply to her. Legal mail is not restricted by Montana protective order statutes.
  4. As the TOP does not prohibit emailing to attorneys regarding litigation, sending an email to an attorney regarding litigation cannot violate it.
  5. This charge must be dismissed.

B.   THE STATE HAS NO EVIDENCE THAT WILLIAM M. WINDSOR SENT THIS EMAIL.

  1. The State has no evidence to show that William M. Windsor sent this email. None of the State’s three witnesses have personal knowledge of this, and there is no evidence in the evidence provided by the State.  Jennifer Clark confirmed by email on August 21, 2015 that all of the State’s evidence has been provided. A true and correct copy of this email is Exhibit B hereto.
  2. This charge must be dismissed.

C.   THERE IS NO PROTECTIVE ORDER THAT PROTECTS CLAUDIA DENKER-ECCLES FROM RECEIVING AN EMAIL.

  1. Page 1 of the TOP says the “Protected Persons” are Sean Boushie and Wynette Boushie. Claudia Denker-Eccles is not a “protected person.”
  2. Legal mail is not restricted by Montana protective order statutes. In fact, the Montana Annotated Code 40-15-117 has a very specific provision to allow protected parties to opt to have the Montana Secretary of State receive their legal mail instead of them. Sean Boushie, Wynette Boushie, and Attorney Claudia Denker-Eccles did not opt for this.
  3. Sean Boushie and Attorney Claudia Denker-Eccles have sent legal mail to William M. Windsor that required responses. [Exhibit 26 in the folder on the Flash Drive named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant is a true and correct copy of an email that Claudia Denker-Eccles sent to William M. Windsor on August 29, 2013 (a time that the Temporary Order of Protection was in place).] [A true and correct copy of some of the mail sent to William M. Windsor by Sean Boushie is on the Flash Drive -- Exhibit 48 in the folder named Missoula Montana Criminal Case filed with the Defendant’s Motion to Quash Bench Warrant.]
  4. This charge must be dismissed.

D.   THE TEMPORARY ORDER OF PROTECTION WAS VAGUE.

  1. The TOP was vague, as William M. Windsor stated in his sworn Motion on August 26, 2013. [A true and correct copy of the Motion for Modification filed in the underlying case on August 26, 2013 where William M. Windsor asked the court to clarify the TOP is on the Flash Drive -- Exhibit 41 in the folder named Missoula Montana Criminal Case filed with the Motion to Quash Bench Warrant in this case.] The TOP was never modified to make it intelligible.
  2. Various terms were never defined.
  3. William M. Windsor asked the court to clarify what could and could not be done with legal mail, and the court failed to address the issue.
  4. This charge must be dismissed.

E.   WILLIAM M. WINDSOR DID NOT SEND AN EMAIL KNOWINGLY AND PURPOSELY WITH THE INTENT TO VIOLATE A PROTECTIVE ORDER AND COMMIT A CRIME.

  1. A key element that the State must prove is that William M. Windsor “knowingly and purposely” violated the protective order, that he intended to commit a crime.
  2. William M. Windsor did not do anything purposely or knowingly. If sending legally-required mail was to be restricted in the expired TOP, the law requires that it be spelled out. William M. Windsor identified the ambiguity in the TOP in a Motion filed three days after he was served.
  3. William M. Windsor has sworn that he never did anything to knowingly and purposely violate a protective order.
  4. This charge must be dismissed.

F.   AN EMAIL TO AN ATTORNEY ON A LEGAL MATTER DOES NOT VIOLATE MONTANA LAWS ON STALKING, SO SUCH AN EMAIL MAY NOT CONSTITUTE A VIOLATION OF A PROTECTIVE ORDER.

  1. Montana laws on protective orders are to promote safety and protection of all victims of stalking. Stalking is following someone or mailing, emailing, or having electronic communication with the protected person. Emailing a required legal mailing to an attorney does not fall anywhere in the definition of “stalking.”
  2. The TOP claims the court found that Sean Boushie was “in danger of harm.” Sean Boushie was not harmed by an email that was not sent to him that simply complied with the Federal Rules of Civil Procedure. In fact, the email was sent to his attorney to avoid sending it directly to him.
  3. This charge must be dismissed.

G.   EMAILING AN ATTORNEY IS A CONSTITUTIONALLY-PROTECTED ACTIVITY, SO IT MAY NOT BE RESTRICTED BY A PROTECTIVE ORDER.

  1. Montana law states very clearly (MCA 45-5-220) that stalking does not apply to Constitutionally-protected activity. Freedom of speech and freedom of the press are the most fundamental of the Constitutionally-protected activities. Emailing an attorney cannot be restricted based upon the First Amendment to the United States Constitution. Similar protection is in the Montana Constitution.
  2. No judge can legally order anyone to not email an attorney with documents required by federal law. 
  3. This charge must be dismissed. 

H.   THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT HAS ORDERED THAT WILLIAM M. WINDSOR WAS REQUIRED BY LAW TO SEND THIS EMAIL.

  1. William M. Windsor filed a motion with the United States Court of Appeals for the Ninth Circuit regarding sending legal mail to Claudia Denker-Eccles. A true and correct copy of this Motion is attached as Exhibit C.
  2. The United States Court of Appeals for the Ninth Circuit issued an order making it clear that William M. Windsor was obligated to send the email. A true and correct copy of this Order is attached as Exhibit D.
  3. This charge must be dismissed.

CONCLUSION

  1. The State has no evidence that William M. Windsor sent an email. The State has no evidence or testimony to indicate that he knowingly and purposely sent an email to violate a protective order. Sending an email to Claudia Denker-Eccles was required by the Federal Rules of Civil Procedure. Claudia Denker-Eccles was not protected by any order of protection, and she never made a complaint about this email. Jennifer Clark swore to Judge Karen Townsend that William M. Windsor knowingly and purposely sent an email to violate a protective order, but it was a false sworn pleading by Jennifer Clark.

PRAYER

WHEREFORE, William M. Windsor prays that Charge #5 - Email be dismissed; and for such other relief as the Court feels is appropriate.

This 24th day of August 2015,

_________________________

William M. Windsor


For a quick update on Bill Windsor's saga and upcoming trial, see this summary on LawlessAmerica.com.

If you want to reach Bill Windsor, his home address is 110 East Center Street #1213, Madison, SD 57042.  That mail gets forwarded to him once a week.  His email is This email address is being protected from spambots. You need JavaScript enabled to view it.This. His phone is 770-578-1094, but it is not answered; messages are checked by dialing in to Verizon from a state far, far away, and Bill receives an email with the name, number, and one sentence summary of each message.

For the Lawless America videos, see www.YouTube.com/lawlessamerica.  Bill Windsor's Facebook page is www.facebook.com/billwindsor1  Bill Windsor's Twitter account is www.twitter.com/lawlessamerica.  And click here for the Lawless America Facebook page that has just magically reappeared.

Image copyright SocialMeep.com


 


 

William M. Windsor

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