Wednesday, August 26, 2015

Can you IMAGINE, you have to contact an attorney as a matter of law. A University of Montana attorney, and then you go to jail for alleged violations of a non-existence protective order?

"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..."

"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."

"FACTUAL BACKGROUND

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, a third or subsequent offense.”

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.

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."


Source and Full Article
http://lawlessamerica.com/index.php?option=com_content&view=article&id=1760:bill-windsor-has-filed-a-motion-to-dismiss-the-criminal-charge-against-him-for-an-email-to-an-attorney&catid=160:charges&Itemid=236

The University of Montana is as Corrupt and Lawless as it Get's I Say.