THE
TRUTH ABOUT
OCCUPY
JEFFERSON
.
INTRODUCTION: William
was wrongfully
convicted of
being in a
park by a Fort
Collins Police
Officer who
unlawfully
arrested him
on a public
sidewalk using
an
internal-use-only
maintenance
map carelessly
obtained from
the wrong city
department,
and who then
unlawfully
secured his
conviction in
court by lying
to a jury
about its
purported
officialness
and
authenticity.
William has since obtained the correct park boundaries from the correct city department, as well as the lease itself for the property, and has even found a survey pin in the ground that precisely coincides with such – all of which substantiates conclusively that he had been standing well outside of the true park boundaries when he was wrongfully arrested by the officer – and has presented this plainly exculpatory information to both city and county governmental officials, only to be further systematically denied relief by them. Evidently the government would rather “ratify” the wrong boundaries of a park as now the new, official boundaries of a park, than hold themselves accountable. William
has exhausted
all
traditional
avenues of
relief in this
matter, and is
now seeking
assistance
from the
outside
world.
Such
unethical,
unacceptable,
and downright
unconscionable
behavior on
the part of
his
perpetrators
does not
deserve to go
unnoticed and
unaddressed. Please
look into the
extensive
information
that William
has compiled
on the
subject, and
consider
helping him
overturn his
wrongful
conviction /
have the
officer who
caused it
charged with
committing
felony
perjury.
Thank you!
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SYNOPSIS:
In
September of
2015, an
Occupy
Jefferson
Protest was
held in the
city of Fort
Collins,
CO.
During this
protest
William
Montgomery and
other
protesters
eventually
moved
themselves
from inside
Jefferson
Street Park,
to a nearby
publicly owned
and maintained
sidewalk that
was not part
of the park,
so as to keep
being able to
protest
throughout the
nights without
fearing
arrest.
Sergeant
Giddings of
the Fort
Collins Police
Department,
along with
several other
officers,
arrested
William and
these other
protesters on
this public
sidewalk
anyways, for
allegedly
still being
inside the
park, by using
an
internal-use-only
service-and-maintenance-related
map that
Giddings had
erroneously
and carelessly
obtained from
the wrong city
department.
In
William's
trial over the
matter,
Sergeant
Giddings
committed
first degree
criminal
perjury by
fabricating
two lies to
the court: (1)
that the map
he used was
“the
official boundary
map for
Jefferson
Street Park”
and (2) that
he had
obtained this
boundary map
from “the
official
source for
park
boundaries
within the
city, the Fort
Collins Parks
Department.”
Both claims
were left
unsubstantiated,
however, and
were otherwise
supposed to be
considered
inadmissible hearsay,
as nobody from
the Parks
Department had
been
subpoenaed to
court that day
to testify to
their
truthfulness.
William was
wrongfully
convicted
nonetheless,
of being
inside the
park when he
actually
hadn't been,
despite the
map offered by
Sergeant
Giddings not
being the true
boundary map
of Jefferson
Street
Park.
Sadly, William
could have
fairly been
found not
guilty, in
fact, had the
prosecutor
simply
acknowledged
his legitimate
objections to
the map's
purported
authenticity,
and had the
jury likewise
rejected its
admission into
evidence for
not being
fairly
substantiated
and legitimate
testimony
otherwise.
During
the protest
and after it
ended, William
visited
several city
departments to
investigate
into Sergeant
Giddings'
claims.
First, he
spoke with the
Streets
Department,
who confirmed
with him that
the public
sidewalk at
issue was part
of the
adjacent
street's
100-foot-wide
right-of-way,
and not part
of the
park.
Next, he spoke
with the Parks
Department
itself, who
personally
informed him
that (1) they
were not, by
any means, the
official
source for
park
boundaries
within the
city, (2) the
map to which
they had once
provided to
Sergeant
Giddings was
not the
official
boundary map
for Jefferson
Street Park,
and (3) they
had never once
attested to
such things,
let alone to
Sergeant
Giddings.
In fact, said
map was no
longer able to
be found on
their servers
when they went
to go look for
it.
Moreover,
while William
was there he
even spoke
with the
creator
herself of the
controversial
map they had
originally
provided to
Sergeant
Giddings, and
who informed
him that it
was
purposefully
drawn up by
her to include
the nearby
sidewalk, but
was otherwise
intended
specifically
and
exclusively
for internal,
service, and
maintenance
purposes
only.
(She, and
other Parks
Department
members, said
that their
internal maps
are commonly
drawn up to
include nearby
sidewalks, so
as to make it
easier for the
city to
service and
maintain
them.)
Eventually
William
discovered the
official
boundary map
of Jefferson
Street Park at
the Fort
Collins GIS
Department,
and was even
able to find
the official
lease for the
park down at
the Fort
Collins Real
Estate
Department
(and to which
also included
in it an
official
boundary map
of the park).
William
attempted to
appeal his
wrongful
conviction
with this
plainly
exculpatory
information he
had recently
gathered in
mind, but was
unsuccessful
in doing
so.
Unfortunately,
despite
receiving more
than enough
“clear and
convincing”
evidence to
exonerate him
with, the
Larimer County
District
Attorney
refused to
acknowledge
that he had
wrongfully
convicted
William, and
decided,
instead, to
“ratify” what
Sergeant
Giddings had
unlawfully
established in
court one day
– that the
official
source for
park
boundaries
within the
City Of Fort
Collins, is,
in fact, “the
Parks
Department”
(even though
it's not), and
that the map
obtained by
Giddings was,
in fact, “the
official
boundary map
for Jefferson
Street Park”
(even though
it wasn't).
Despite
remaining
wrongfully
convicted in
the matter,
William still
reported the
verifiable
perjury
committed by
Sergeant
Giddings, and
the fact that
he had since
discovered the
correct park
boundaries of
Jefferson
Street Park,
to the Fort
Collins Police
Internal
Affairs
Department.
Unfortunately
all five
members of the
Internal
Affairs
Department
systematically
denied all
wrongdoing on
the part of
their inferior
officer, and
summarily
dismissed
William's
claims as
unfounded.
At one point
in time,
William was
even told by a
member of the
department
that they
considered him
to be “lawsuit
scammer,” and
that he should
otherwise
“give up and
let go” of the
frivolous
claims they
thought he was
trying to
bring
otherwise.
This upset
William
greatly,
considering
that he knew
for a fact
that his
claims were
genuine, and
that he had
discovered
irrefutable,
unequivocally
verifiable
information
that
completely
implicated
Sergeant
Giddings, and
to which also
fully
exculpated
him. He
did not
appreciate
becoming the
“scapegoat” to
somebody
else's
wrongdoings.
Not
convinced that
all his
avenues of
relief were
yet exhausted,
William
reported the
fraud and
corruption he
had caught of
Sergeant
Giddings, the
Larimer County
District
Attorney, and
now the Fort
Collins Police
Internal
Affairs
Department, to
higher members
of the Fort
Collins City
Government.
He eventually
spoke with the
Fort Collins
City Attorney
and its
Assistant
Chief Of
Police.
Unfortunately,
during his
discussions
with them, he
was met with
the same
intellectual
dishonesty,
complacency,
and
opposition.
Even though by
this point in
time William
had discovered
(and shared
with them) the
City's 146
year old plat,
and a picture
of the actual
survey pin he
had since
found in the
ground – that
even further
conclusively
substantiated
the truly
public nature
of the
publicly owned
and maintained
100-foot
right-of-way
sidewalk at
issue – they
still refused
to acknowledge
any wrongdoing
on the part of
their officer,
let alone that
the boundary
map used by
him in
William's
trial was
indeed not the
correct one
that should
have been
referred
to. The
City Attorney
further failed
to rectify the
situation by
convoluting it
into something
more
complicated
than it
actually was,
by erroneously
claiming that
the whole
thing was
merely some
non-genuine
dispute over
the “exact”
right-of-way
line (and that
perhaps
William was
just trying to
create a
controversy
where there
otherwise was
none) versus a
more critical
and genuine
dispute over
what the
actual
“published”
boundaries of
the park are
in the first
place, and to
which are of
truly
paramount
importance in
determining
whether or not
William is
actually
guilty of the
charges (or
not).
She also
referred to
the “rights”
William had to
a jury trial,
and to file an
appeal, and
that if he was
unsuccessful
in defending
himself, that
there was
nothing her
office or the
police
department
could
otherwise do
to help
him.
This
determination,
of course,
flies in face
of Rule 3.8(h)
of The
Colorado Bar
Association
Rules Of
Professional
Conduct, which
specifically
mandates that
wrongful
convictions be
overturned
when a
prosecutor
becomes aware
of “clear and
convincing”
evidence of a
defendant's
innocence, as
well as law
enforcement's
unquestionable
obligation to
hold police
officers
accountable
when they
commit crimes
like perjury
and offering
false
instruments
for recording
(all
independent of
any appellate
process
taken).
Ultimately,
Fort Collins
Police Officer
Sean Giddings,
and the
Larimer County
District
Attorney who
pushed his
case, poisoned
the court
system with
their lies and
corruption,
and violated
the truth
seeking
function of
the trial
process.
Then, their
superiors,
once informed
of the
situation,
left William
in “no man's
land” through
their own
systematic
denialism,
discrimination,
and defamation
of him as
guilty until
(evidently
never) proven
innocent.
Having been
presented with
issues quite
extremely easy
to figure out,
it can only be
said that all
city and
county
government
officials
involved were
just too busy
lynching
William as
some sort of
pro se,
homeless,
“lawsuit
scammer,” to
actually see
that he was
innocent.
Without a
doubt, their
narcissism,
elitism, image
problem,
cognitive
dissonance,
intellectual
dishonesty,
intellectual
laziness,
willful
blindness,
reckless
disregard for
the truth,
sheer
incompetence,
and classist
bigotry, have
cumulatively
rendered them
wholly
objectively
unreasonable
people, and
otherwise
requiring
William to
seek outside
assistance at
this point to
overturn his
wrongful
conviction
with.
He
humbly asks
for your help
now to finally
right such a
simple wrong
that he just
doesn't
deserve to
live with.
Please
help William
overturn his
wrongful
conviction!
Thank you!
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FACTUAL
BACKGROUND:
146
YEARS AGO, IN
JANUARY OF
1873, the City Of Fort Collins published an
official town
plat (see Fort Collins Citydocs
Original 146
Year Old Town
Plat) in
order to
delineate
between
predominantly
rectangular-based
parcels made
for the sale
and use of
private
property, and
city-owned
streets and
alleys, or
publicly
maintained
“rights-of-way”
as they are
commonly
referred to,
that would
then serve to
separate these
privately-owned
parcels into
blocks or
“tracts” of
land in a
standard
grid-like
fashion.
Today, the City's town plat is still
available for
public viewing
down at the City Of Fort Collins Survey Department,
located at 281
N College Ave,
as well as
online via the
City's
internally-maintained
online
document
portal, citydocs.fcgov.com,
and remains
essentially
unchanged
since its
inception,
serving as a
reference
guide for
contracts,
leases,
boundary maps,
surveys, etc.
and for other
uses and
benefits of
the residents
of the city
and the city
itself.
Also available in the city and online (via it's published municipal code) is the legal definition of the “public right-of-way,” which is used to accurately describe said city-owned street and sidewalk space located in between said privately-owned parcels. Read verbatim, the public right-of-way is defined as “the
entire area
between
property
boundaries which
is owned by a
government,
dedicated to
public use, or
impressed with
an easement
for public
use, which is
primarily used
for pedestrian
or vehicular
travel, and
which is
publicly
maintained, in
whole or in
part, and
includes, but
is not limited
to the street,
gutter, curb,
shoulder,
sidewalk,
sidewalk area,
parking or
parking strip,
median and any
public way.”
- - - - - - - - - - - - - - - ON
OCTOBER 25,
1995, a lease, Audit No.
OMA 6288 (see Jefferson Street Park
Original Lease
From The Union
Pacific
Railroad
Company),
was entered
into between the Union Pacific Railroad Company, the private
property owner
of a
predominantly
rectangular-shaped
parcel of land
they owned
located in the
Northwest
Quarter of
Section 12,
Township 7
North, Range
69 West of the
6th P.M. (the
northeast
corner of
Linden Street
and Jefferson
Street), and the City Of Fort Collins – to
be used, per
the lease
agreement, as “a
public park (Jefferson Street Park) and
parking and
purposes
incidental
thereto, only,
and for no
other
purpose.”
On
page three of
this contract, which is
still
currently
available down
at the City Of
Fort Collins
Real Estate
Office,
located at 300
La Porte Ave,
Building B, there
exists a black
and white
drawing /
visual
representation
of the clearly
established,
rectangular-based
boundaries of
the
newly-leased
city park (see Page Three Of The
Jefferson
Street Park
Original Lease).
- - - - - - - - - - - - - - - ON
INFORMATION
AND BELIEF,
SOMETIME AFTER
OCTOBER 25,
1995 AND
BEFORE
SEPTEMBER
2015, an employee of the City Of Fort Collins GIS Department,
located at 218
N Mason St,
authored a
park boundary
map (see Jefferson Street Park
(Fort Collins
Official GIS
Department Map
Circa Pre
2016)) for
Jefferson
Street Park,
for use within
their
department and
for
distribution
to other city
departments
and to the
public in
general via
their physical
office and
website
portal, gisweb.fcgov.com.
This park boundary map, and its accompanying
digitally-stored “polygon
file,” however,
contained a
discrepancy in
it, whereby an
adjacent
railroad track
area located
directly to
the east of
the park, and
a northeast
parking lot
located
directly to
the northeast
of that, were
erroneously
and mistakenly
included in
it, but to
which were not
actually part
of the “true”
boundaries of
the
originally-established
Jefferson
Street Park as
drawn up in
the agreed
upon lease
entered into
between the
Union Pacific
Railroad
Company and
the City Of
Fort Collins
on October 25,
1995.
On
information
and belief,
this Jefferson
Street Park
GIS Department
boundary map
discrepancy
remained
unnoticed and
uncorrected
for several
years, as
evidenced by
other city
departments
having
imported its
associated
incorrectly-drawn
polygon file
into their
departments,
and then
subsequently
republishing
the same
incorrectly-drawn
boundary map
of the park
for use within
their own
departments
and for
further
distribution
to the public
in general via
their physical
offices and
website
portals.
On
information
and belief,
there are at
least two
known other
city
departments
that had
imported said
GIS-Department-based,
incorrectly-drawn,
discrepancy-laden,
boundary map
polygon file
of Jefferson
Street Park
into their
department – the City Of Fort Collins Natural Areas Department (see Fort Collins Natural
Areas Website
Official
Boundary Map
Of Gustav
Swanson
Natural Area), and the City Of Fort Collins Parks Department.
- - - - - - - - - - - - - - - The
City Of Fort
Collins Parks
Department,
located at 413
S Bryan Ave,
employs a Parks Department Life Cycle Coordinator to
produce
internal-use-only, maintenance-based maps of city
parks that are
created for service-related needs only, and
whereby are
oftentimes
redrawn
internally to
join adjacent
service areas
with, and
to which
extend out to,
“butt up” to,
and follow
along curb
lines of
nearby
publicly owned
and maintained
rights-of-way, for
instance, so
as to include
these other
areas of
service within
them that are
not
necessarily
included in
the official
boundaries of
the nearby
parks to which
the Parks
Department is
tasked with
maintaining,
but to which
help their
rangers and
other city
employees have
an easier time
knowing what
their service
responsibilities
are, such as
servicing
“tree longs”
located in
these nearby
rights-of-way,
or to
establish
which nearby
trash cans
located just
outside said
parks are
their job to
empty.
- - - - - - - - - - - - - - - ON
INFORMATION
AND BELIEF,
SOMETIME AFTER
OCTOBER 2013
AND BEFORE
SEPTEMBER
2015, the Fort Collins Parks Department
Life Cycle
Coordinator,
Jill Wuertz,
imported said GIS Department's incorrectly-drawn, discrepancy-laden,
boundary map
polygon file of
Jefferson
Street Park
into her
internal
department
during the
production
period of the
Parks
Department's
internal-use-only,
service-related,
maintenance-based
map of
Jefferson
Street Park to
be used
exclusively by
her park
rangers and
other city
employees to
service and
maintain the
park and its
surrounding
areas with.
And, on information and belief, after viewing the
GIS-Department-imported,
incorrectly-drawn,
discrepancy-laden,
boundary map
polygon file
of Jefferson
Street Park,
Jill Wuertz
authored a
more
appropriate
internal-use-only,
service-related,
maintenance-based
”map” of the
park to be
used
exclusively by
her park
rangers and
other city
employees to
service and
maintain the
park and its
surrounding
areas with.
On information and belief, this new “map” (see Internal Parks
Department
Maintenance
Map Of
Jefferson
Street Park
(Red/Green))
that Jill
Wuertz
produced for
internal-purposes-only
thenceforward
contained two
distinct,
merged,
internally-maintained
polygon files
in it – red
lines that
represented
the originally
imported (but
incorrectly-drawn)
GIS-Department-based
boundary map
of Jefferson
Street Park,
and to which
erroneously
included
within it its
aforementioned
not-legally-part-of-the-actual
On
information
and belief,
these
newly-drawn
green lines of
this
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
map of
Jefferson
Street Park
were drawn up
by Jill Wuertz
to include the
public
sidewalk
located just
to the south
and southeast
of the park –
known as the
publicly owned
and maintained
right-of-way
sidewalk of
Linden
Street.
And, on
information
and belief,
said
green-line-colored,
internal-use-only,
service-related,
maintenance-based
area extended
out to,
“butted up”
to, and
followed along
the curb line
of this public
sidewalk in
order to allow
her park
rangers and
other city
employees to
service and
maintain, in
addition to
the park
itself, this
separately-paved,
not-legally-part-of-the-actual
- - - - - - - - - - - - - - - DURING
THE FIRST WEEK
OF SEPTEMBER
2015, members of the public began to
congregate and
protest in and around Jefferson Street Park in
opposition to
the
unnecessarily
high and
further rising
costs of
living they
had been
experiencing,
questionably-unconstitutional
and
arbitrarily-and-selectively-en
This
protest,
dubbed the “Occupy Jefferson Protest,” went on for several
days, and at
one point in
time had as
many as 30
people
participating
in it.
- - - - - -
- - - - - - -
- -
DURING
THE FIRST WEEK
OF THIS
PROTEST, multiple Fort Collins Police Department Officers
visited Jefferson Street
Park during
nighttime
hours, and had
been giving
verbal
warnings to any Occupy Jefferson protesters who
had been
remaining in
the park at
night that
they were in
violation of
the city's
park curfew
municipal
ordinance, but
that
“discretion”
was otherwise
being
exercised upon
them by said
officers to
not ticket
them just yet
for their
allegedly
illegal
behavior.
These
warnings
caused most of the protesters to move to a grassy area on the west side of a sidewalk that
ran parallel
to, and
alongside
Jefferson
Street, which
appeared to be
outside of the
park.
The protesters
wanted to
continue to be
able to have
the right to
protest
indefinitely,
but to not be
in violation
of the city's
park curfew
municipal
ordinance
otherwise.
- - - - - - - - - - - - - - - ON
INFORMATION
AND BELIEF,
DURING THE
SECOND WEEK OF
THIS PROTEST, officers of the Fort Collins Police Department began to disagree over what the official boundaries of
Jefferson
Street Park
actually were.
The issue of
boundaries had
come up during
the protest
due to these
remaining
protest
members
repositioning
themselves in
this grassy
area on the
west side of
the sidewalk
that ran
parallel to
and alongside
Jefferson
Street.
- - - - - - - - - - - - - - - ON
INFORMATION
AND BELIEF,
BETWEEN
SEPTEMBER 9,
2015 AND
SEPTEMBER 12,
2015, Sergeant Sean Giddings of the Fort Collins Police
Department began
investigating
into the
official
boundaries of
Jefferson
Street
Park. On
information
and belief,
Sergeant
Giddings then
visited the City Of Fort Collins Parks Department to
obtain a boundary map of
the park for
the purposes
of enforcing
the city's
park curfew
municipal
ordinance
with.
On
information
and belief,
during his
visit to the
city's Parks
Department, Sergeant Giddings spoke with,
and requested a map of Jefferson Street Park from, Fort Collins Parks Department Ranger Bud Bredehoft.
On information and belief, Sergeant Giddings did not ask
clarifying
questions of
Ranger
Bredehoft
during the
obtaining of
this Jefferson
Street Park
map, in order
to determine
if it was
truly the
“official”
boundary map
of the park,
or not. But rather, on information and belief, Sergeant
Giddings
simply asked
Bredehoft for
“a copy of
their map” –
to which, on
information
and belief,
Bredehoft
provided to
Sergeant
Giddings
whatever map
they had on
file, without
otherwise
inquiring
himself as to
why Sergeant
Giddings
needed such a
map, or what
it was going
to be used for
otherwise.
On
information
and belief,
the “map” that
Sergeant
Giddings
obtained from
Ranger Bud
Bredehoft, via
email, was the
aforementioned
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
map of
Jefferson
Street Park
that Jill
Wuertz had
previously
authored and
intended for
exclusive use
only by her
park rangers
and other city
employees to
service and
maintain the
park and its
surrounding
areas with.
This
red-and-green-line
“map” also did
not notate on
it any claims
whatsoever
that it was an
“official”
boundary map
of Jefferson
Street Park,
nor did it
contain any
legends on it
to delineate
between what
the red and
green lines
contained
within it
actually
represented,
either.
- - - - - - - - - - - - - - - ON
THE EVENING OF
SEPTEMBER 12,
2015, AND/OR
INTO THE EARLY
MORNING OF
SEPTEMBER 13,
2015, Sergeant Giddings informed
several
members of the Occupy Jefferson Protest that
he had
evidently
obtained “the official park
boundaries” of Jefferson Street Park
from what he
likewise
claimed was “the official source for
park
boundaries,” the
Fort Collins
Parks
Department.
Sergeant
Giddings
informed the
protesters
that “the
official park
boundaries” of
Jefferson
Street Park
went “curb to
curb” and
included
within its
ambit the
adjacent
Linden Street
and Jefferson
Street
sidewalks to
it.
On information and belief, rather than inquiring and/or
following up
with the Parks
Department
regarding the
factual
discrepancies
present (i.e.
the lack of
legend and
what the red
and green
lines actually
meant) within
the
red-and-green-line
“map” he had
recently
obtained from
them, Sergeant
Giddings
falsified and
fabricated
information to
his fellow
officers and
to the
protesters
(and later to
the court)
that the green
lines in said
“map” was “the
official
boundary map”
of the park,
and that said
“official”
boundaries
likewise
extended “curb
to curb” –
all so that he
could
unlawfully
target,
arrest, and
prosecute the
few remaining
protesters for
their
membership in
the protest
(and to thus,
illusorily
justify his
perceived
right to
abruptly end
said protest).
William
and David,
both of which
had not yet
officially
joined in on
the protest
(but who were
nevertheless
present
nearby)
overheard
Sergeant
Giddings'
proclamation,
while taking
note of the
fact that said adjacent Linden Street and Jefferson Street
sidewalks
were, as far
as they could
tell, not
clearly
“designated
and posted” as
part of the
park.
- - - - - -
- - - - - - -
- -
ON
THE AFTERNOON
OF SEPTEMBER
13, 2015, William visited the City Of Fort Collins Right-Of-Way Services
Department,
located at 300
La Porte Ave,
Building B.
There,
he spoke with two female employees who
informed him
that both the Linden Street and Jefferson Street sidewalks in question were not actually part of
Jefferson
Street Park,
and were
otherwise
considered “public easements” that
did not close
when the
nearby park
closed.
They
also informed
William that
only in the
event that
such sidewalks
are clearly
“designated
and posted” as
closed by way
of their own
signs
indicating
such closures,
would they
ever be closed
to access and
use by the
general
public.
- - - - - - - - - - - - - - - ON
THE EVENING OF
SEPTEMBER 13,
2015, after
passively
watching on
the sidelines
for a few
weeks, William and his
brother David decided
to officially
join the Occupy Jefferson Protest themselves,
as they too
had been
suffering
from, and
wanted to
voice their
opinions and
concerns
regarding,
what they
likewise
believed was
governmental
oppression,
discrimination,
and
retaliation
against their
national
origin and
lower
socio-economic
status as
homeless
people.
William
and David had
recently
become
homeless
through no
fault of their
own after
sustaining
injuries on
and off their
previous jobs,
and to which
said previous
work
environments
failed to
adequately
accommodate.
They
had also
recently been
frivolously
(but
unsuccessfully)
sued by the
City Of Fort
Collins for
allegedly
violating
their three
unrelated
rule, whereby just
the two of
them had
been
frivolously
fined an
astonishing
amount of
$51,000 worth
of municipal
court fines,
before their
cases got
dismissed by
the city
prosecutor on
their way to
trial, and
after which
they were
still
currently in
the midst of
preparing
their
counter-suits
in the matter
(see their Two People In A Five
Person House
Get Fined
$51,000 For
Breaking A
Three
Unrelated Rule
Playlist).
Before
becoming
homeless,
William and
David had been
struggling to
maintain jobs,
housing, and
vehicles ever
since they had
broken away
from their
Mormon family
and heritage a
decade or so
prior, in
their teenage
years (see
their Double
Brother, Ex
Mormon, Joint
And Several,
Witness
Tampered,
Multiple
Court, Life
Racketeering
Statement).
And so now, while newly homeless but still diligently
working to
resolve their
prior medical
and legal
issues, they
tried living
in the city's
shelters
– but
due to their
differences in
religious
views, medical
complications,
and minimum
sleep
requirements,
they found the
shelters to be
wholly
inadequate to
fulfill their
basic needs. This otherwise required them to find alternative ways
and places to
sleep,
oftentimes
forcing them
to sleep
outside, “on
the streets,”
and to even
leave town at
times in order
to avoid
breaking the
city's
multitude of
“anti-sleeping”
related
ordinances
that were
currently on
the books.
And so,
due to the
sheer fraud
and corruption
that they had
been
experiencing,
as well as the
complete lack
of help
provided to
them by their
estranged
family,
friends, and
their hometown
city at large,
it was only
natural for
them to end up
in a protest
exercising
their free
speech right
to “get back
on their feet
the right
way,” and to
be able to do
so without
being
discriminated
and retaliated
against, and
otherwise
extorted into
more-expensive-than-necessary
costs of
living than
they were
currently able
to afford to
pay in their
present state
and condition.
When
William and
David joined
the protest,
they did not
bring any of
their personal
belongings
with them into
Jefferson
Street
Park. At the time, they only walked up and down the
sidewalks of
Jefferson
Street and
Linden Street
– both of
which they had
just been told
by city
officials were
not part of
the nearby
park, nor
presently
closed due to
their own
clear lack of
“designation
and
postedness” as
closed
therein.
- - - - - - - - - - - - - - - ON
SEPTEMBER 14,
2015, AT
2:24AM, Sergeant Sean Giddings, and Officers Matthew Brede,
Matthew
Brough, Mark
Cutter, Bryan
Grosshans, and
Rick Mainwal, all uninformed members of the Fort Collins Police
Department, approached, surrounded, seized,
detained, and
non-custodially
arrested several members of the Occupy Jefferson Protest for
allegedly
being in the
park during
the hours that
it was closed.
William happened
to have been
walking up and
down the public sidewalk of Jefferson Street when
this happened,
and so was
thereby
detained and
cited by Sergeant Giddings for allegedly
violating the
city's
municipal park
curfew
ordinance at
issue (see
William
Gets False
Arrested For
Allegedly
Being In A
Park During A
Protest).
While
issuing William a citation, Sergeant Giddings once again
informed members of the Occupy Jefferson Protest that
he had
recently
obtained from the City Parks Department what
he claimed
were “the official boundaries” of
Jefferson
Street
Park.
This
time he showed
some members
of the protest
a PDF document
on his cell
phone of the
red-and-green-line,
service-related,
maintenance-based,
otherwise
intended for
internal-use-only
“map” of
Jefferson
Street Park
that he had
recently
obtained from
the Parks
Department via
email.
First, Sergeant Giddings engaged in a
lengthy debate
with William over what the official
boundaries of
Jefferson
Street Park
purportedly
were, versus
the lack of
proper
designation
and postedness
of the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
that he and
his brother
had been
standing on,
of which was
captured on
video using
his
police-issued
body camera.
Following
are direct
quotes taken
from Sergeant Giddings' bodycam
footage of
the
conversations
that took
place between Sergeant Giddings,
William, his
brother, and
other members
of the protest regarding
the purported
boundaries of
Jefferson
Street Park
and its
purported
inclusion of
the nearby
Linden Street
sidewalk
located
adjacent to,
and running
alongside, the
southern
portion of
it:
GIDDINGS:
“The park boundaries include the sidewalks.”
- - -
WILLIAM:
“What am I supposed to do when I was told by people
superior to
you? You
guys all work
for us.
I went and
talked to my
own city
officials...
and got
straight to
the word,
straight to
the horses
mouth, and I
was literally
told that on
this exact
actual
right-of-way,
that I had the
right of way
to walk, at
all times of
the day.”
GIDDINGS:
“You don't. This is in the park. This area is
closed.”
- - -
GIDDINGS:
“We have maps of the boundaries of the park which include
these
sidewalks.”
- - -
GIDDINGS:
“We have maps that show us that the boundaries go all the
way to the
street.”
- - -
GIDDINGS:
“Well our, our city attorneys, have said that this is not
an easement.”
WILLIAM:
“That
the actual
sidewalk is
not an
easement?”
GIDDINGS:
“Yep. It is not an easement. These are within
the
boundaries,
and are
Jefferson
Park.”
WILLIAM:
“You
are literally
telling me
that I am not
allowed to
walk on this
easement 24
hours a
day?
Because I need
to get from
this point to
that point,
and not walk
on the
street!”
GIDDINGS
“You cannot be in Jefferson Park from 11pm to 5am.”
WILLIAM:
“How am I supposed to get from there to there guys?”
GIDDINGS:
“Walk across that street, and then cross over.”
- - -
GIDDINGS:
“The park boundaries go to the street.”
- - -
GIDDINGS:
“This is the park, all the way to the street.”
- - -
GIDDINGS:
“This is not an easement.”
- - -
GIDDINGS:
“Unfortunately this is not an easement. That has
already been
examined by
our City
Attorney's
office.
And it's not.”
- - -
GIDDINGS:
“It's park all the way to the street.”
- - -
GIDDINGS:
“It's not like you got a ticket just 'cause you happen to
be moving up
this sidewalk
right now, on
your way to go
home from one
location to
another.
You would not,
you would not
likely get a
ticket for
that.”
- - -
GIDDINGS:
“But once we confirmed the boundaries of the park, we
came and we
warned them in
advance that
they were
within the
park.”
- - -
GIDDINGS:
“Once we confirmed the boundaries of the park we gave
them an
opportunity to
leave.”
- - -
GIDDINGS:
“Once we had a continual problem here, that's when we
have to look
and confirm
the boundaries
of the park so
that we can
address what
the problem
is. Once
we confirmed
that the
boundaries of
the park go
all the way to
the street, we
came and gave
them plenty of
advanced
opportunity to
leave, just in
case they did
get bad advice
that they were
outside the
park over
there, we told
them, this is
still the
park, you must
leave.”
- - -
GIDDINGS:
“It's not because we're trying to trick them and we've
changed the
boundaries,
this is what
the boundaries
are, that's
why they are
being charged.”
- - -
And
eventually,
after the
conversation
with William ended, Sergeant Giddings pulled out
his cell phone
and finally
showed a different member of the protest the
actual PDF
document of the red-and-green-line “map” that
he had
recently
obtained from the Parks Department. During this
particular
conversation, Sergeant Giddings said to the
other protest
member:
GIDDINGS:
“See the green line, that's the boundaries of the
park.
Okay?
See how it
goes all the
way out to the
street.
These are the
official
boundaries of
the park.”
- - -
GIDDINGS:
“This is the official map of the park. Okay?
That's the
official.
It is.”
- - - - - -
- - - - - - -
- -
ON
THE
AFTERNOON OF SEPTEMBER 14,
2015, William called the
City Of Fort
Collins
Streets
Department,
located at 625
9th St.
He
was informed
by a couple of female employees that
worked there
that the Linden Street northerly-running sidewalk that butts up to Jefferson Street
Park was part
of the
publicly owned
and maintained
100-foot
right-of-way
of Linden
Street – and
was not, in
any way,
shape, or
form,
associated
with or part
of the nearby
Jefferson
Street Park,
whatsoever.
The ladies also informed William, just like the ladies at the Right-Of-Way Services Department did, that any official closures to
the public
sidewalk in
question, as
well as to any
other public
sidewalks
within the
city, were
required to
have properly
“designated
and posted”
signs of their
own placed on
them in order
to be lawfully
closed to
access and use
by the general
public –
and as such,
if the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
at present
issue did not
currently have
a properly
“designated
and posted”
sign on it
indicating
that it was
closed to the
public (which it didn't) that it
was not
currently,
actually,
officially
closed to the
public (which it wasn't).
- - - - - -
- - - - - - -
- -
ON
THE EVENING OF
SEPTEMBER 14,
2015, all remaining members of the Occupy Jefferson Protest
relocated
themselves and
some of their
belongings
away from the west side of the public sidewalk that
ran parallel
to and
alongside
Jefferson
Street, and
into the publicly owned and maintained right-of-way sidewalk that
ran along the
northerly side
of Linden
Street.
Even
though William had recently been
informed by the ladies over at the City's Right-Of-Way Services
Department that the Jefferson Street sidewalk (and
likely the grassy area located between
it and the
adjacent
public street)
was legally
considered a “public
easement”that
did not
otherwise
close when the
nearby park
closed, he and
the other
protesters
figured it
would be safer
and even less
controversial
for them to
relocate
themselves to
the more
obvious, fully publicly owned and maintained right-of-way
sidewalk of Linden Street, so as to have an even easier
time fighting
any unlawful
tickets they
might
potentially be
given in the
future, should
the police
otherwise
continue their
efforts to end
their protest
by citing
them.
- - - - - - - - - - - - - - - ON SEPTEMBER 15,
2015, AT
2:00AM, Sergeant Sean Giddings, and Officers Matthew Brede,
Matthew
Brough, Mark
Cutter, Bryan
Grosshans, and
Rick Mainwal,
all uninformed
members of the
Fort Collins
Police
Department,
approached,
surrounded,
and detained
the few
remaining
members of the Occupy Jefferson Protest. The Officers
informed the
protesters
that they were
all in
violation of
the city's
park curfew
municipal
ordinance for
allegedly
being within
the boundaries
of Jefferson
Street Park
between the
hours of 11pm
and 5am, and
that they were
all being
arrested and
cited into
municipal
court for
their
purportedly
illegal
behavior.
At
the time the
Officers
surrounded
William and
David, they
were both
physically
located
exclusively on
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street,
facing
northeast, and
had been
standing only
within the
green lines of
the Park's
Department's
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
“map” of
Jefferson
Street Park
that had been
extended out
to, “butted
up” to, and to
which followed
along the curb
line of the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street. Neither
William, nor
his brother,
had ever been
standing, by
any means
whatsoever,
within the red
lines of that
same
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
“map” of
Jefferson
Street Park.
Also at
the time the
Officers
surrounded
William and
David, the only sign nearby that would
have
potentially
served as
proper
“designation
and
postedness”
that the area
they were
standing
within was
otherwise
Jefferson
Street Park
and to which
was otherwise
closed after
hours, was a sign located several feet in front of David, about
twelve feet
forward (see Photograph Of The
Jefferson
Street Park
Entrance),
and otherwise
posted six
feet behind a
sculpturesque
fence that
separated the
grassy area of
the park from
the
separately-paved,
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
that they had
been standing
on, and to
which faced
south so as to
inform people
entering the
park from the
northeast
corner of the
intersection
that they
would
otherwise be
entering the
park once they
moved past the
sculpturesque
fence and into
the grassy
area. This sign was clearly and inconspicuously posted a full
six feet
behind the
sculpturesque
fence, and not by any means in front of it, nor anywhere else
on the
separately-paved,
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
to which they
had both been
standing on. It was located well within the grassy
area of the
nearby
Jefferson
Street Park.
The
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street that
William and
David stood
upon had also
been paved
using the same
construction
standards and
styles in mind
as the other
public
sidewalks that
run alongside
Linden Street
on both its
northern and
southern
borders (see Several Surrounding
Linden Street
Right Of Way
Sidewalks). These
public
sidewalks all
equally
contain
identically
constructed
and styled
planter boxes,
concrete
benches, and
trash
receptacles,
all of which
are wholly
different in
standard and
style from the
benches and
trash
receptacles
located inside
of the
official
boundaries of
Jefferson
Street Park.
The back ends
of these
public
sidewalks also
run consistent
with the
city's
100-foot-wide
established
right-of-way
of Linden
Street, that
consistently
runs all the
way up and
down the
street, as
originally
laid out in
the city's
town plat
released and
unchanged from
146 years
prior.
- - - - - - - - - - - - - - - ON SEPTEMBER 15,
2015, JUST
AFTER 2:00AM, Sergeant Giddings conversed
with Officer Brede, and
instructed him
to seize,
detain, and
non-custodially
arrest David
Montgomery for
allegedly
violating Fort
Collins
Municipal Code
23-203(d)(1) –
“Entering A
Recreation
Area During
The Hours Of
11:00 p.m. To
5:00 a.m” (see David Gets False
Arrested For
Allegedly
Being In A
Park During A
Protest).
Shortly
thereafter, Sergeant Giddings instructed Officer
Grosshans to seize, detain, and non-custodially
arrest William Montgomery for
allegedly
violating
Colorado
Revised
Statutes §
18-9-117 –
Unlawful
Conduct On
Public
Property, a
similar,
state-based
charge that
can be given
for certain
“repeat” municipal
code
violations, but whereby its correlative underlying municipal code
elements are
still required
to be used in
order to have
probable cause
to lawfully
arrest and
possibly
convict people
over, thus
requiring
William to
have still
been within
the boundaries
of a clearly
"designated
and posted" as
closed city
park in order
for such
charges to
stand in court
otherwise (see William Gets A County
UC Charge For
Allegedly
Being In A
Park During A
Protest).
Despite
being
completely
innocent of
the crimes
alleged, William and David were
then demanded
by Officers Grosshans and Brede to
provide their
identification,
and to which
they
voluntarily
did so
accordingly,
so that they
could be cited
into court for
allegedly
violating the
city's park
curfew
municipal
ordinance and
its
correlative
state-based
statute at
issue.
Throughout the encounter, William and David informed the Officers that
they believed
they were
innocent of
the crimes
alleged, that
they had
recently
spoken with
city officials
regarding the
matter, and
that the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
to which they
had been
standing on
was not part
of the nearby
park, not
designated and
posted as
closed, and
therefore
lawfully
presently open
to the general
use of the
public at all
times, and to
which they
were otherwise
completely and
lawfully
allowed to
stand upon,
indefinitely,
regardless of
any purported
boundary maps
that the
police
department had
obtained and
were
attempting to
use to remove
them from some
alleged park
boundaries
with.
In Officer Grosshans'
police report,
he notated
that “around
0217 hours, I
came in
contact with
William
Montgomery who
was found in
the park in
violation of
the park rules
and
regulations. I
issued him a
summons for
Unlawful
Conduct on
Public
Property.
Mr. Montgomery
was told he
needed to
remain off the
grounds until
the park
opened.” In Officer Brede's police
report,
he notated
that he “was
asked by Sgt.
Giddings to
issue a
summons to
David
Montgomery.
Montgomery was
in the park
after hours,
as the park is
clearly signed
'closed
between the
hours of 11 PM
and 5
AM.'”
Submitting this information in their police reports
was a reckless
and malicious
factual
fabrication
and
embellishment
of the truth,
however, as
the strip of
land that
William and
David had been
standing on
was most
definitely
not “clearly
signed closed
between the
hours of 11 PM
and 5 AM.”
In fact,
as mentioned
before, there
were no signs
of any kind
located
directly on or
reasonably
near enough to
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street
that William
and David had
been standing
on, that would
have clearly
and
unambiguously
indicated to
them (or
anybody else)
that it was,
in fact, part
of Jefferson
Street Park,
and thus,
closed to the
public between
the hours of
11pm and 5am –
and for good
reason too, as the particular public sidewalk in question was not
actually
legally part
of the nearby
city park in
the first
place, it was
exclusively
part of the
100-foot wide
publicly owned
and maintained
right-of-way
known as
Linden Street.
The nearby Jefferson Street Park sign was
never
erroneously
placed, as
the police may
perhaps try to
argue when
otherwise
comparing it
to Sergeant
Giddings'
purportedly-legitimate
boundary map, it had been placed exactly where it was supposed to
be located –
at the
entrance to a
park whose
boundaries
started behind
a
sculpturesque
fence running
along the back
end of a
publicly owned
and maintained
right-of-way
sidewalk known
as Linden
Street.
The
internal-use-only,
service-related,
maintenance-based
“map” that
Sergeant
Giddings
carelessly,
erroneously,
and unlawfully
obtained from
the Parks
Department was
the true
source of any
and all
discrepancies
regarding the
actual
“official”
boundaries of
Jefferson
Street
Park.
Indeed, a
rational,
prudent,
reasonable
police officer
would have
actually taken
the physical
location of
the park
closure sign
at issue, and
would have
compared it to
the
red-and-green-line
“map” at
issue, and
would have
actually found
good cause to
do the exact
opposite of
what Sergeant
Giddings did –
which would
have been to,
rather than
prematurely
ticket the
purported
“controversy”
directly into
court with
some sort of
purportedly-legitimate,
but-not-actually-complete-and-
Essentially, Officers
of the Fort
Collins Police
Department were supposed to have drawn the lawful justification for
their actions
from the
original and
critical park
curfew
municipal
ordinance
elements of
“designation
and
postedness”
only – and not
from some
arbitrarily,
erroneously,
carelessly,
and unlawfully
obtained
“map” simply
given to them
by some city
department.
It may
also appear,
at first
glance, that Officer Brede had at least been
referring to
and depending
on his
critical park
curfew
violation
elements of
“designation
and
postedness” by
mentioning
them in his
police report
of the
incident.
However, what
he said later,
after issuing
David's
citation, that
his own
bodycam
footage
captured no
less (see Conversation Between
Officers
Mainwal And
Brede),
seemingly
contradicted
such things,
and otherwise
revealed the
truth that he, too, had been primarily referring to and
exclusively
depending on
the falsified
and fabricated
as “official”
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
“map” that
Sergeant
Giddings had
obtained from
the likewise
falsified and
fabricated as
“official”
Parks
Department,
rather than on
the critical
elements
necessary to
have probable
cause with of
“designation
and
postedness.”
Officer
Brede's body
camera
captured Fort
Collins Police
Officer
Mainwal making
a statement
later to him
regarding the
interaction
still going on
between
Sergeant
Giddings and
William,
whereby
Officer
Mainwal said
to him, “He's just showing him a picture of the map,” and
to which
Officer Brede
responded
haughtily by
saying “Didn't work?” and then
bursting out
in laughter.
Once
Officers
Grosshans and
Brede finished
citing William
and David,
they
instructed and
required them
to leave the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
that they were
otherwise
completely and
lawfully
standing on,
and to exit
the alleged
Jefferson
Street Park
boundaries to
which the
Officers had
erroneously
and unlawfully
claimed they
were not
allowed to be
within.
- - - - - - - - - - - - - - - DURING
THE PROTEST
AND AFTER IT
ENDED, and
after each protester involved
had been
arrested,
and/or cited,
and removed
from the
purported
Jefferson
Street Park
boundaries, multiple Officers drafted police reports that
included false
and
misrepresentative
information
regarding the
purported
“official”
nature of the
boundary map
that Sergeant
Giddings had
obtained from
the
purportedly
“official”
city
department to
which he had
obtained it
from, and
whereby such
falsified and
fabricated
facts were
used to
substantiate
that William,
David, and the
other
protesters had
otherwise been
lawfully
detained, was
likewise meant
to cover up
and conceal
their own
abuse of
authority, and
was intended
to continue to
punish and
retaliate
against them
for what the
Officers had
perceived was
a challenge to
their
authority and
annoyance of
speech of the
now-silenced
protesters.
On
information
and belief, the city prosecutor communicated
with said Officers leading up to the
trial, through
in-person
meetings and
via email, as
is typical of
cases
involving
police
complaining
witnesses.
On information
and belief, all Officers involved continued
to assert
falsified and
fabricated
facts
regarding the
purported
“official”
nature of the
boundary map
and the
purportedly
“official”
city
department to
which it had
been obtained
from, in order
to otherwise
support the
protesters'
continued
criminal
prosecutions
through false
assertions
that they had
witnessed, in
person, the
park curfew
violations
that they had
allegedly
committed.
Even
though all Officers involved had full
access to that
night, as well
as throughout
the entire
pre-trial
phase of
William's and
David's cases, the critical “designated and posted” elements of their
city's park
curfew
municipal
ordinance (which
doesn't refer,
whatsoever, to
the use of
maps, by the
way) the
Officers
continued to
maintain that
they were
legally
justified in
their actions,
and that
William,
David, and the
other
protesters had
been in
violation of
their city's
park curfew
municipal
ordinance.
On information
and belief,
all Officers
involved
continued to
exclusively
rely on the falsified
and fabricated
as “official” red-and-green-line, internal-use-only,
service-related,
maintenance-based
“map” that
Sergeant
Giddings had
erroneously,
carelessly,
and unlawfully
obtained from the likewise falsified and fabricated as “official” source for park boundaries, the
Fort Collins
Parks
Department.
In fact, via their
patrol maps and
online access
to gisweb.fcgov.com,
both being
directly
located on and
accessible via their laptops in their patrol vehicles before,
during, and
after each
protester's
arrest, all Officers involved likewise
had perpetual
access to, but
failed to
utilize, the “more correct” original GIS Department boundaries that
reflected the
purely public
nature at
issue of the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
that William,
his brother,
and the other
protesters had
been standing
on. They could have easily resolved the conflict at hand
both that very
night, and
long before
trial, but
otherwise –
for one reason
or another –
consciously
chose not to,
and/or
recklessly
disregarded
the truth in
order not to.
- - - - - - - - - - - - - - - ON
OCTOBER 26,
2015, a
quitclaim deed (see Union Pacific Railroad
Company
Quitclaim Deed
To LSH, LLC)
was executed
into the
Larimer County
Court by the Union Pacific Railroad Company, which
transferred
ownership of
its property
(the property
it originally
leased to Fort
Collins to be
utilized as
Jefferson
Street Park)
to Linden Street Holdings, LLC. Consequently,
the lease for
the park
naturally
transferred
hands as well,
and was now an
agreement
maintained
between said
Linden Street
Holdings, LLC,
and The City
Of Fort
Collins, and
whereby said
park was to
remain such a
park, until
further notice
otherwise.
Interestingly,
on page seven
of this
quitclaim
deed, there
exists a
map for
the area in
question, and within which, of course, the property lines at issue
match up
exactly with
the
lease-based
property lines
/ official
Jefferson
Street Park
boundary lines
as originally
established in
the lease for
the property
back on
October 25,
1995 (see Page Seven Of The UPRC
Quitclaim Deed).
Then, ON
OCTOBER 30,
2015, a
certified
letter was
mailed to Fort Collins City Manager Darrin Atteberry,
explaining the
aforementioned
transfer of
ownership that
had just
occurred (see Letter To The Fort
Collins City
Manager
Regarding
Lease Transfer).
Also,
just as
before, a
map can
be found on
page three of
this document, which further matches up exactly with the now several
accurate maps
that have been
drawn up for
the property
at issue (see Page Three Of The
Certified Mail
Letter).
- - - - - - -
- - - - - - -
-
ON
DECEMBER, 15,
2015, AT
2:56PM, William
and
David visited the
City Of Fort
Collins Parks
Department,
located
at 413 S Bryan
Ave,
and
spoke at great
length with Director Of Parks Mike Calhoon (see Visit With Mike Calhoon
(Head Of Parks
Department)).
T
he
three of them
discussed
everything
that could
practically be
discussed
about right of
ways,
Jefferson
Street Park,
leases,
fences,
designation
and
postedness,
maps,
municipal code
ordinances,
etc. During
their
conversation,
Mike referred
them to the
City Of Fort
Collins
website when
they asked him
if he had a
map of
Jefferson
Street Park
- - - - - - -
- - - - - - -
-
ON
JANUARY, 27,
2016, AT
12:37PM, William
and David attended a
pretrial
conference with Fort Collins Municipal Court Assistant City Attorney Robert
Fink (see Visit With Robert Fink
(City
Attorney)
Regarding
Jefferson
Street Park).
While
there, they
pleaded their
innocence,
explaining to
him that they
had checked
with multiple
city
departments
regarding the
public
property
nature of the
Linden Street
sidewalk at
issue and the
fact that it
was not
actually part
of Jefferson
Street Park, that
they were
unable to get
a hold of
the
red-and-green-line
map that
Sergeant
Giddings had
obtained from
the Parks
Department
during the
Occupy
Jefferson
Protest, and that
they had
otherwise, at
the very
least,
obtained (and
showed him) an
original City
Of Fort
Collins GIS
Department map of
the park that
they had
recently found
online
This
information
alone – an
official GIS
department map
of Jefferson
Street Park –
would have
been enough
for City
Prosecutor
Fink to drop
the charges
currently
levied by his
city against
David and
William, had
he been a
cautious,
prudent, and
objectively
reasonable
custodian of
the law
otherwise.
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 3,
2016, AT
11:27AM, William
and David visited the
City Of Fort
Collins GIS
Department,
located at 215
N Mason St,
Third Floor,
and spoke with Senior GIS Programmer Doug
Cane (see Visit
With Doug Cain
(Senior GIS
Programmer).
During their
discussion
about rights
of way versus
park
boundaries
(and how to
ascertain
the
precise
boundary lines
of Jefferson
Street Park),
Doug
referred
William and
David to
Larimer
County's
mapping and
parcel/records
departments,
the City Of
Fort Collins
Streets
Department,
and the City
Of Fort
Collins Survey
Department.
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 3,
2016, AT
12:25PM, William
and
David visited the
City Of Fort
Collins
Streets
Department,
located
at 625 9th St
(see Visit With The Ladies
At The Streets
Department).
There, they
spoke once
again with the ladies that worked there,
and this time
requested that
they be given
something –
anything – by
them, in
writing, that
would better
substantiate
and clarify
that the
Linden Street
northerly-running
sidewalk that
butts up to
Jefferson
Street Park
is, in fact,
part of the
publicly owned
and maintained
100-foot
right-of-way
of Linden
Street (and
not, in any
way, shape, or
form,
associated
with or part
of the nearby
Jefferson
Street Park) as
they had
previously
stated to them
back in
September of
2015, during
the
protest. They
were told that
a document
would soon be
prepared for
them.
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 3,
2016, William filed a
Motion To
Dismiss in
his Unlawful
Conduct On
Public
Property case (see William Files A Motion
To Dismiss In
County Court
For His
Unlawful
Conduct Charge). In
his motion,
William
thoroughly
explained that
he was
unlawfully
cited by
Officer
Grosshans
while standing
within
the publicly owned and maintained 100-foot right-of-way
of Linden
Street.
He offered,
via several
exhibits,
multiple
objectively
reasonable and
easily
obtainable
public
documents that
conclusively
substantiated
his position,
including a
Fort Collins
GIS Department
map of
Jefferson
Street
Park (see Jefferson
Street Park
(Fort Collins
Official GIS
Department Map
Circa Pre
2016)),
a D.O.T.
Railroad
Construction
Project
blueprint
document for
the area (see Fort
Collins
Citydocs Right
Of Way Map
(Railroad
Project
Blueprints)),
and a proposed
Linden Street
Parking Lot
Project
blueprint for
the area (see Fort
Collins
Citydocs Right
Of Way Map
(Proposed
Linden Street
Parking Lot)), all
of which
revealed,
without a
doubt, that
neither he,
nor his
brother, could
possibly have
been in
violation of
being within
the nearby
Jefferson
Street Park's
boundaries, that
morning of
September 15,
2015.
This
is officially
the first
moment in time
that the
Larimer County
District
Attorney's
office had
conclusive,
objectively
reasonable
information
within its
possession,
that a
publicly owned
and maintained
100-foot
right-of-way
existed along
Linden Street, that
it could have
then cross
referenced and
compared with
any and all
maps and plats
available for
the area, and
that whereby
had they
viewed such
information
through an
objectively
reasonable,
presumed-innocent-until-proven-guilty
lens, they
would have
easily been
able to
conclude that
William and
David were not
guilty of the
crimes alleged
(and would
have thus
dropped
William's
charges
immediately
therein).
Suffice it to
say, they just
could not put
their
pitchforks
down, and
continued to
press onwards
with their
malicious
prosecution
nonetheless...
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 4,
2016, AT
12:34PM, William once
again visited the
City Of Fort
Collins
Streets
Department, in
order to
follow up with the
ladies that
worked there and
hopefully
obtain the
document that
he had just
requested from
them (see
Follow Up Visit With
The Ladies At
The Streets
Department). Sure enough, Mallory Gallegos was able to provide him
with roughly
the type of
document that
he was looking
for – a
reference to
Larimer
County's
parcel-based
mapping
platform, and
an included
map she even
pulled from
it, that
showed the
exact parcel /
right-of-way
lines of the
area in
question (and
to which of
course, ran
100%
consistent
with the
City's 146
year old plat,
as well as its
GIS-Department-based
map of the
nearby
Jefferson
Street Park)
(see Linden Street Sidewalk
Right Of Way
Statement
Provided By
Mallory
Gallegos
(Streets)).
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 18,
2016, Assistant Larimer County District Attorney Laurie
Dean responded
to William's
motion to
dismiss
in
his Unlawful Conduct On Public Property case (see The Larimer County
Deputy DA
Laurie Dean
Responds To
William's
Motion To
Dismiss).
She advocated
that his
motion be
denied because
of her belief
that his
issues should
only be raised
at trial, that
a judge
doesn't have
the power to
dismiss his
case, and that
he doesn't
otherwise
deserve a
preliminary
hearing in the
matter.
Of
course, none
of what she
said precluded
her from being
able to
independently
investigate
into the
exculpatory
information
that had now
been provided
to her office
by William,
starting a new
conversation
with the City
Of Fort
Collins
regarding the
obvious
contradictions
now present
between the
information
provided to
her by William
and the
information
provided to
her by
Sergeant
Giddings, and
otherwise
still fully
conclude,
without having
to go to
trial, that
William was
fully innocent
of the charge
levied
therein.
(Oh
how the
District
Attorney could
have saved so
much time and
trouble had it
simply put its
pitchfork
down, and
picked up a
plat instead!)
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 25,
2016, the Larimer County Court Judge Kraig Ecton denied William's motion to dismiss in
his Unlawful Conduct
On Public
Property case (see County Court Judge
Kraig Ecton
Denies
William's
Motion To
Dismiss).
- - - - - - - - - - - - - - - ON
MARCH 17,
2016, AT 2:20PM, David stood trial at the Fort Collins Municipal Courthouse, located at
215 N Mason
St, for his
Occupy
Jefferson
Protest city park curfew municipal
violation (see The Fort Collins Police
Lose Their
Park Curfew
Municipal
Trial Against
David).
At
David's trial,
Sergeant
Giddings
submitted to
the Court, and
testified to
it's purported
“officialness”
and
authenticity,
the
red-and-green-line,
internal-use-only,
maintenance-based,
service-related “map” that
he had
obtained from
what he
likewise
continued to
claim was the
“official
source for
park
boundaries” within
the city, the
Fort Collins
Parks
Department. Sergeant Giddings claimed that on September 15, 2015, he
instructed
Fort Collins
Police Officer
Matthew Brede
to cite David
for violating
the city's
park curfew
municipal
ordinance for
being within
the green
lines of that
red-and-green-line
map, but not
the red lines,
between the
hours of 11pm
and 5am when
that area was
purportedly
closed. Then,
Officer Brede
was put on the
stand, whereby
he testified
to the exact
same
contextual
circumstances.
Come
David's
defense, he
also submitted
to the Court a
map – the official GIS department boundary map of Jefferson
Street Park (see Jefferson Street Park
(Fort Collins
Official GIS
Department Map
Circa Pre
2016))
that his
brother had
found online,
via gisweb.fcgov.com. While this map did contain the aforementioned
erroneously-included
railroad track
area and
northeast
parking lot
discrepancies
in it when
compared to
the original,
most-correct,
truly-official,
lease-based
boundaries of
the park, it nevertheless still accurately reflected the purely
public nature
of the
publicly owned
and maintained
100-foot
right-of-way
sidewalk of
Linden Street that
he had been
completely
legally
standing on
that morning
of September
15, 2015.
And so,
after
receiving and
reviewing all
the evidence
and testimony
presented to
her, Judge
Kathleen Lane found
David not
guilty of the
charges.
In clear and
unambiguous
language, she
described the
controversy
well, and how
he deserved to
be found not
guilty of
being in a
park after
hours, by
stating, in
part:
- - - JUDGE LANE: “So he indicates that his, uhh, his brother's research, uhh, brought him to these various maps which he's, uhh, admitted. Uhh, exhibit B-1, which indicates that it is from the City of Fort Collins GIS system, which is what his testimony was, uhh, shows a, a grayed area, and I apologize you probably can't really see what I'm pointing to but I'll try anyway, uhh, but the area that's labeled Jefferson Street Park, this lighter gray area, uhh, actually appears to match more closely the red line in the city's, uhh, diagram.” - - - JUDGE LANE: “There was no testimony about how this park is signed in terms of where any signage is about, this is Jefferson Park, or whether there are any signs showing boundaries or not. Uhh, the only indication about signage is on this, uhh, document. It does show that, that, there is a no alcohol in the park sign, which appears to be inside the park, on the, so that would be north of the sidewalk.” - - - JUDGE LANE: “And again, they, the eastern edge of that project boundary matches the red line on this, uhh, city exhibit. It does not go all the way out to, uhh, the more rounded edge of the sidewalk as the green line.” - - - JUDGE LANE: “The prosecution didn't dispute the fact that where the defendant was standing was in this area that's within the green lines but not within the red line. Umm, on the sidewalk on the east side, uhh, and in fact, uhh, between the east edge of the sidewalk and the street, essentially, the curb area there, with his bike.” - - - JUDGE LANE: “So, uhh, based on all of that, uhh, I am going to
find the
defendant not
guilty, and
find that
there is a
reasonable
doubt about
whether he was
within the
park boundary.
Uhh, and I
understand
that this area
is, umm, in
redevelopment
stage, and I'm
not sure what
the current
status is,
but, umm, in
order to
enforce that
curfew
violation,
that the, what
the code
requires, is
that, it's an
area that is
designated and
posted as a
park. Umm,
and so I'm
going to find
that the
sidewalk area
that the
defendant was
in was not
clearly
designated and
posted as part
of Jefferson
Park, and
there is a
reasonable
doubt about
that. So,
I'm going to
find you not
guilty.”
- - - - - - -
- - - - - - -
-
ON
APRIL 5, 2016, Fort Collins Police Officer Josh Golden was
dispatched by his superior officer to
investigate
into some of William's concerns (see Officer Golden
Investigates
Into William's
Map
Discrepancy
Allegations
(But Fails!)).
This
investigation
was likely
triggered by the Larimer County District Attorney's office after
William
briefly spoke
with them in
court one
day.
Essentially,
Officer Golden
spoke with
several city
employees
regarding
prior
interactions
they may have
had with
William.
Unfortunately,
the
investigation
was a complete
failure.
This is likely
because of the
growing
“guilty until
proven
innocent”
mentality that
seems to be so
prevalent now
in today's
society.
To begin with,
when asked
about what
conclusions
they reached
with William, each city employee said things like “we
told him that
we could not
say for sure
where the
boundary was
without a
survey.” Very
important
here, however,
is that it appears that these city employees were each
assuming the
dispute at
hand was over
where the exact right-of-way
line itself
was, that
butts up to
Jefferson
Street Park
(which would
indeed require
a survey to
know
precisely, for
sure, where it
actually lies)
versus a more
obvious and
general
dispute that
may otherwise
exist with
regards to
simply what
the published boundaries
of Jefferson
Street Park
were in the
first place.
Basically,
each employee
likely assumed
that the
police officer
they were
speaking with
was naturally
referencing
the same park
boundaries
that they were
familiar
with.
Because
Officer Golden
never actually
brought with
him the
controversial
red-and-green-line
map obtained
by Sergeant
Giddings that
one day from
the Parks
Department,
each city
employee
likely
assumed, but
incorrectly,
that the
controversy at
hand must have
been over
exact survey
lines only,
and not
possibly over
the outright
incorrectly
drawn boundary
lines of
Jefferson
Street Park in
the first
place. One can only imagine that when they all talked about the
adjacent
right-of-way
line, each
city employee
was
referencing,
in their
minds, what
were otherwise
the correct,
GIS Department
boundary lines
of Jefferson
Street Park,
completely
unbeknownst to
Officer
Golden, all
while Officer
Golden was
referencing,
in his mind,
what he
thought were
the correct
boundary lines
of the park,
but were
actually from
the totally
differently
drawn
boundaries
that were
instead
sourced from
Sergeant
Giddings'
red-and-green-line
map,
completely
unbeknownst to
them! And
so, between
all of the
employees and
the police
officer,
everybody must
have thought
that William
was merely
trying to
create a
controversy,
where they
thought there
otherwise was
none.
If only Officer Golden and the various city employees he
interviewed
had actually
shared with
each other the
totally
different maps
that had been
at play,
before jumping
to such
unsubstantiated
conclusions
that William
was maybe some
sort of
bumbling
criminal idiot
that was just
trying to “get
out of” a
ticket. It's
truly shocking
how Officer
Golden and
City Of Fort
Collins
Surveyor Jeff
County were
literally in
the same room
with each
other at one
point in time,
and were so
incredibly
close to
actually
comparing with
each other the
two different
maps in
existence of
Jefferson
Street Park,
such that they
could have
finally
exposed to
themselves the
real
controversy
that William
had originally
uncovered – that
Sergeant
Giddings had
obtained the
wrong park
boundaries
from the wrong
city
department. But
alas, they
failed to show
them to each
other, thus
prematurely
ending what
could have
been the most
useful of
investigations
otherwise.
Of
course, the
correct
boundaries of
Jefferson
Street Park
were
technically
still within
Officer
Golden's
reach, because
if you look
closely in his
police report,
toward the end
of it, you'll
notice that he
mentioned how
Doug Cain
referenced the
“FC Maps”
platform,
where he said
he had
referred
William to
when he went
asking him for
the park
boundaries. And
so, why didn't
Officer Golden
simply follow
up on that
important
piece of
information,
and actually
go view the
referenced,
correct
boundary map
of Jefferson
Street Park
for himself,
as directly
available on
FC Maps
(gisweb.fcgov.com)? I
guess we'll
never know...
- - - - - - -
- - - - - - -
-
ON
MAY 19, 2016,
AT 3:19PM, William followed up with Fort Collins Director Of Parks Mike Calhoon, once again asking if there was a map – any map – of Jefferson Street Park, that his office could directly
provide he and
his brother
with.
After digging
around in the
Parks
Department's
servers, Mike
Calhoon was
indeed able to
find and
provide a map, though it was the only map to
which the
department had
on file (see Email Exchange With
Mike Calhoon
Regarding
Maintenance
Map).
Later,
William asked
what the
letters F-A-T
meant at the
top of the
map, to which
he was told by
the department
meant “Facilities
And Trails.” As
in, he had
received a
strictly
service-and-maintenance-related,
internal-use-only
map of
Jefferson Street
Park, which
otherwise
included
within its
ambit the
publicly owned
and maintained
100-foot
right-of-way
of Linden
Street (and
more
importantly,
to which
coincided
almost exactly
with the same
green lines in
the
red-and-green-line
map originally
provided by
them to
Sergeant
Giddings).
- - - - - - -
- - - - - - -
-
ON
MAY 26, 2016, William stood
trial at the
Fort Collins
Municipal
Courthouse,
located at 215
N Mason St,
for his
initial Occupy
Jefferson
Protest city
park curfew municipal
violation (see The Fort Collins Police
Lose Their
Park Curfew
Municipal
Trial Against
William).
At
William's
trial,
Sergeant
Giddings
likewise
submitted to
the Court,
just as he did
in David's
trial, the
red-and-green-line,
internal-use-only,
maintenance-based,
service-related “map” that
he had
obtained from
the Fort
Collins Parks
Department.
Just as determined in David's recent municipal court trial over the same general issue of standing in a sidewalk that's adjacent to a park, the map offered to Judge Kathleen Lane by Sergeant Giddings was irrelevant in her assessment of whether William was guilty of the charges or not. In fact, Judge Lane found William not guilty of being in a closed city park after hours, as she had equally determined, just like she did in David's trial, that the sidewalk running alongside the street – Jefferson Street this time versus Linden Street – was still not clearly designated and posted as being part of a park. This is a critically important finding too, because technically William had actually been fully inside of the official, lease-based boundaries of the Jefferson Street Park, as he walked down its sidewalk when he was ticketed by Sergeant Giddings. But as Judge Lane reiterated, “what the code requires, is that, it's an area that is designated and posted as a park.” (regardless of whatever maps the police may try to use to enforce park curfew violations with otherwise). - - - - - -
- - - - - - -
- -
ON
JUNE 1, 2016,
AT 8:30AM, William stood trial at the Larimer County Courthouse, located at 200 W
Oak St, for a similar and related, state-based charge of “Unlawful Conduct On Public Property” (see William Gets Wrongfully
Convicted By
The Larimer
County DA For
Standing In A
Sidewalk),
but whose
underlying
charge still
otherwise
stemmed from,
and was
identical to,
the same
allegation as
his brother of
being within
the alleged
green-line-based
park
boundaries of
Jefferson
Street Park,
but not the
red lines,
between the
hours of 11pm
and 5am when
that area was
purportedly
closed.
At
William's
second trial,
the County
Court
miraculously
did what the
Fort Collins
Municipal
Court did not,
and unlawfully
accepted
Sergeant
Giddings'
falsified,
fabricated,
and fully
perjured
hearsay
testimony that
the green
lines
contained
within the
red-and-green-line,
internal-use-only,
maintenance-based,
service-related “map” of
Jefferson
Street Park to
which he had
initially
obtained from
the Parks
Department was
somehow the
“official” boundary
map of the
park, in
addition to
the Parks
Department
also somehow
being the
“official
source for
park
boundaries”
within the
City Of Fort
Collins – despite
the complete
lack of any
representatives
whatsoever
from the Parks
Department
actually being
subpoenaed to
trial in order
to testify on
behalf of such
empty,
baseless, and
100%
fraudulent
hearsay
otherwise. The District Attorney also likewise unlawfully tailored its
elements and
jury
instructions to
remove the
underlying
question of
law at hand
(that
Municipal
Court Judge
Kathleen Lane
had already
clarified was
required as
just mentioned
above) of
underlying
park curfew
municipal-ordinance-based
elements of
city parks
needing to be
properly
“designated
and posted” as
closed for
park curfew
violation
convictions to
legally stand
(in any
court). Together,
these gross
deviations
from both fact
and law
actually
wrongfully
convicted
William of
purportedly
being in a
designated and
posted as
closed city
park that same
night as his
brother, when
he had
actually,
legally,
really, truly,
officially, in
fact, had not
been. Fortunately, William was at least able to take the
opportunity to
ask further
clarifying
questions of
Sergeant
Giddings to
determine if
he had been
telling the
truth to him,
his brother,
and the other
Occupy
Jefferson
protesters (or
not, as turned
out to be the
case).
(SIDE
NOTE: WILLIAM
STILL PROVIDED
TO THE JURY ALL THE EVIDENCE HE
AND HIS
BROTHER HAD
OBTAINED UP TO
THAT POINT,
INCLUDING THE
VERY GIS
DEPARTMENT MAP
OF JEFFERSON
STREET PARK
RELIED UPON BY
MUNICIPAL
COURT JUDGE
KATHLEEN LANE
IN HER
DECISION TO
FIND DAVID NOT
GUILTY OF THE
SAME
UNDERLYING
CHARGE ON
MARCH 17,
2016.
HOWEVER THE
JURY
APPARENTLY
JUST COULDN'T
SEE PAST THE
PROSECUTION'S
OTHERWISE
FAULTY
ARGUMENTS, AND
WRONGFULLY
CONVICTED
WILLIAM
ANYWAYS
DESPITE STILL
BEING ABLE TO
FAIRLY FIND
HIM NOT GUILTY
AS JUDGE LANE
PROVED
POSSIBLE IN
DAVID'S TRIAL
OVER THE SAME
EXACT ISSUE).
Following
are direct
quotes taken
from the
County Court
trial of the
opening and
closing
statements,
the relevant
conversations
that took
place between
the Larimer County District Attorney Deputy Michael
Deschenes and Sergeant Giddings, and the ones between William and Sergeant Giddings, regarding the purported
official
boundaries of
Jefferson
Street Park,
how they were
obtained, and
what
relationship
they had to
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street
that he and
his brother
had been
lawfully
standing on
that morning
of September
15, 2015:
WILLIAM: “Good morning ladies and gentleman. Umm, sorry for taking up your time, or sorry that these guys are taking up your time. Umm, there's a lot that went up to- leading up to this point, uhh, with Occupy Jefferson, and the park boundaries being, umm, talked about and so forth. Umm, the quote-un-quote evidence that I was, uhh, shown to by the officers conflicted directly with the evidence that I was gathering at the same time, through other sources, other, uhh, city officials. And, umm, it pretty much comes down to, I called their bluff. Umm, I was in a sidewalk, and the next night I was also in a sidewalk. I was never in the park. They never warned me- [...] Umm, basically, the evidence that will be presented to you, hopefully you'll be able to see that, umm, they really didn't know where the park boundaries were, they tried to define them live, and, umm, we were in violation of simply not taking their orders, regardless of an actual violation of law, that we had done our research on, and have come to the conclusion of, that, uhh, we were not in violation of law. I have all the evidence that I can possibly present. I guess they're choosing to let their evidence be presented, umm, but I don't want this to look like it's some sort of zoning meeting where you guys are determining what a surveyor is. Uhh, I'd like you to refer to the evidence as people, versus, uhh, some, you know, I don't now what they're gonna pull, let's just put it that way. So, thank you.” - - - DESCHENES: “Okay, umm, so why were you there at 2am?” GIDDINGS: “Uhh, we responded at 2am, umm, mainly because that's when the park is closed. Umm, so, to give some background, we had, uhh, had really given a progressive enforcement approach to the group, uhh, when we first started interacting with them. Uhh, so we chose to, we would initially respond to the park just as it was closing, or just before the park would close at 11pm. Uhh, we would educate the group that was present in the park on, on, the park rules, umm, which were the hours the park was closed, and that no camping was allowed anywhere inside the park or on any other public property. Umm, we would warn those individuals, uhh, if we contacted people there that were violating either one of those, umm, municipal codes. We would, uhh, provide them a warning for their first offense. If we responded either later that evening, or on a, on a subsequent day, we would then cite that individual, if they've already been educated and warned, we would cite that individual into municipal court with a municipal violation for either one of those codes. Uhh, if we returned the subsequent day after that and that same individual was still present in the park they would then be cited into county court for the Unlawful Conduct On Public Property charge.” - - - DESCHENES: “And, uhh, just to be very specific, did you inform Mr. Montgomery, uhh, the hours that the park was open?” GIDDINGS: “Yes I did.“ DESCHENES: “Umm, how did you, how did you inform Mr. Montgomery the hours of the park?” GIDDINGS: “Umm, I, I had, uhh, addressed him, and, uhh, three other members of the group who were present at the time. I informed them that it was now 11pm, that the park was closed. Uhh, that they, uhh, that they could gather their belongings and leave, and they could return to the park at 5am when the park opened. Umm, I also, uhh, explained to them the park boundaries, I was very detailed in explaining where the park boundaries were. Explaining to them that the boundaries extended curb-line to curb-line, so the curb-line on Linden Street to the curb-line on Jefferson Street. And that, that area, was all included within the boundaries of Jefferson Park, and that they now needed to leave since the park was closed, and asked them to leave.” DESCHENES: “And are you aware of any, umm, any posted signs informing the public of the park's hours?” GIDDINGS: “Yes, there is at least one posted sign in Jefferson Park that, that posts the hours that it is closed.” DESCHENES: “And, umm, did you point this out to Mr. Montgomery at any point?” GIDDINGS: “Uhh, in some of the, uhh, not that evening I didn't specifically address that sign, but, uhh, on some other interaction there I don't remember the exact dates and times we spoke about where, where the signs were present at the park.” DESCHENES: “And did you point out to Mr. Montgomery where the boundaries of the park were?” GIDDINGS: “Yes I did.” DESCHENES: “Uhh, how did you point those out?” GIDDINGS: “Uhh, I was standing, uhh, with the group at that southeast corner, so near the corner of Linden and Jefferson Street, and I literally pointed to the curb-line on Jefferson Street, and said the boundary extends all the way to this curb, and then pointed to the curb-line on Linden Street, and explained that that boundary line extended to the curb-line on Linden Street.” - - - DESCHENES: “Moving along. Did you have an occasion to encounter Mr. Montgomery on September 14th, 2015?” GIDDINGS: “Yes I did.” DESCHENES: “About what time was that?” GIDDINGS: “Uhh, at- that was approximately 2:25 in the morning.” DESCHENES: “And what was the nature of your encounter with Mr. Montgomery on the 14th?” GIDDINGS: “Umm, this encounter, again, was, so- we were returning approximately three and a half hours after I had addressed the group and informed them that the park was now closed and asked them to leave. Uhh, we then returned at 2:25 in the morning, umm, to contact the group, umm, for the violations that were committed.” DESCHENES: “And, uhh, did you explain to Mr. Montgomery why you were there?” GIDDINGS: “Yes I did.” DESCHENES: “And, did you explain the hours of the park to Mr. Montgomery?” GIDDINGS: “Yes I did.” DESCHENES: “Uhh, what hours did you tell him the park was-?” GIDDINGS: “Umm, I again informed him that the park was now closed, the park remains closed from 11pm to 5am. I again had further discussion with him about the boundaries of the park, and actually, uhh, spent an extended period of time, approximately 45 minutes, umm, speaking with Mr. Montgomery at the park, to, umm, uhh, basically discussing the reasons why we're enforcing those, those laws and educating him on, on, on the laws.” DESCHENES: “And, uhh, did you again, what again did you tell him the boundaries of the park were?” GIDDINGS: “I again explained to him that the boundaries of the park extend curb-line to curb-line. They run from the curb-line on Jefferson Street to the curb-line on Linden Street.” DESCHENES:
“And, uhh,
how did you indicate these boundaries to
Mr. Montgomery?”
GIDDINGS:
“Uhh, I again pointed ou-
pointed to the curb-lines, umm, along the
street-line, and explained that to him.
I did have a map, uhh, present with me at the
time that I showed another individual. I
offered to show it to members of the group,
umm, just one member of the group, not Mr.
Montgomery, stepped up to view the map on my
phone so they could see the image of the
actual map. But I did, umm, thoroughly
explain those boundaries to Mr. Montgomery.”
DESCHENES: “Okay, and, umm, was Mr. Montgomery receptive to your explanations in this 45 minute discussion?” GIDDINGS: “Uhh, no he was not receptive. Very argumentative, and, umm, stated a number of reasons why he felt that he didn't need to, uhh, abide by those rules or regulations.” DESCHENES: “Okay, umm, to be clear Sergeant Giddings was Mr. Montgomery camping in the park on September 13th?” GIDDINGS: “He was not camping, he was just, uhh, present in the camp that had been established at the park.” DESCHENES: “And, uhh, getting back to the 15th of September, uhh, were people camping on the sidewalk of Jefferson Park?” GIDDINGS: “Yes.” DESCHENES: “And, when did you first observe Mr. Montgomery?” GIDDINGS: “Uhh, at- when we arrived on scene, just as I was pulling up I observed Mr. Montgom- uhh, Mr. Montgomery standing with, umm, standing nearby several other seated members of the Occupy Jefferson Park group, uhh, along the Linden Sidewalk. There's some park benches that had been put in along the sidewalk, and he was, uhh, standing with that group who were sitting on the benches.” DESCHENES:
“And,
umm, what happened with Mr. Montgomery,
after you arrived?”
GIDDINGS:
“Umm, after we arrived,
as we pulled in Mr. Montgomery observed
all of the patrol cars arriving at the
scene. He, he, umm, then started
walking northbound along the Linden
Sidewalk, umm, away from the, the park
bench area where he initially was
standing, and went to his bicycle, which
was, uhh, located near the northeast
corner of the park.”
DESCHENES:
“And,
umm, did you, at any point this even- in
that- on the evening of September 15th,
say anything to Mr. Montgomery?”
GIDDINGS:
“I
did.”
DESCHENES:
“What
did you say?”
GIDDINGS:
“Uhh,
when I initially approached him, I asked
him, I was somewhat disappointed to see that
he had returned to the park. I
honestly felt after our extended
conversation that we had the night before,
after spending 45 minutes with him, explaining
him, umm, the- all the rules and regulations,
letting him vent a little bit some of his
anger towards, uhh, the local
government. I felt that we ended that
conversation well, and I thought that he was,
was going to heed the warnings that he had
been provided, uhh, so when I approached him
on the 15th, the first I said to him was,
William, why are you here,
we talked
about this last night, you know, you're
not supposed to be here between 11 and
5pm.
”
DESCHENES:
“And,
what was Mr. Montgomery's reaction?”
GIDDINGS:
“Uhh,
he initially didn't say anything, he was
just filming me with his cell phone,
standing there filming me with his, his
cell phone.”
DESCHENES:
“An
d what did
you do next?”
GIDDINGS: “Umm, I then informed him he was going to be receiving a, uhh, uhh, a summons to court for Unlawful Conduct On Public Property.” DESCHENES: “How did Mr. Montgomery react to that?” GIDDINGS: “He, uhh, at that point he started to argue with me, umm, the boundaries of the park.” DESCHENES: “Umm, and, what did you say the boundaries of the park were?” GIDDINGS: “I, again explained to him that the boundaries of the park extend curb-line to curb-line, umm, Jefferson Street to Linden Street. At that point he requested, umm, to see, I, I, uhh, I, I can't remember at what point that map came up, but he requested to see a map of the boundaries of the park. And I then showed him the same map that I had shown other members, and the map that I had referenced to explain to them the boundaries of the park. I pulled that image up on my cell phone, and showed him the boundaries of the park.” DESCHENES: “Sergeant Giddings, I’ve handed you what’s been marked, solely for identification purposes, is People’s exhibit 14. Uhh, could you tell us what that is?” GIDDINGS: “Yes it is. This is a satellite image, umm, from above, of Jefferson Park, and, uhh, has, umm, clear markings on it that indicate the boundaries of the park.” DESCHENES: “And, is this the map that you showed Mr. Montgomery on the evening, or the, sorry, the early morning hours of September 15th?” GIDDINGS: “Yes it is.” DESCHENES: “Umm, Your Honor, with permission of the court, I'd like to blow the map up so Sergeant Giddings can walk us through what he explained to Mr. Montgomery.” JUDGE ECTON:
“That's
fine.”
DESCHENES: “Alright, Sergeant Giddings. If you could, umm, indicate on the map, what you told Mr. Montgomery.” GIDDINGS: “Yes I can. Umm, I, on the map it may be a little difficult to see, but there, you'll see two different colored lines on the map. And as I explained to Mr. Montgomery that night, umm, the green line on the map indicates the boundaries, the park boundaries for Jefferson Street Park. Umm, the red line indicates the original railroad property line. And to give you some background on the park, umm, it- at the time, and for many years prior, the land was actually owned by the railroad, but leased back to the city, umm, so that the city could operate it as Jefferson Street Park. Umm, the- it has since sold and is no longer owned by the railroad. But, the red line indicates the original railroad property, that's why you see it extend over the railroad tracks. But the green line is the, umm, official boundary of Jefferson Street Park.” DESCHENES: “And, umm, did Mr. Montgomery have any questions about, the boundar- the green boundary line?” GIDDINGS: “Uhh, I don't recall any specific questions after I explained it to him, other then he, he, he, uhh, he started to maneuver and move himself to different locations from where we were standing, asking am I now standing in the park, am I now standing in the park. Umm, and I was, just explained to him, you kn- again, where the boundaries were, and explained that all he had to do to exit the park was to continue to the left, umm, on Linden Street, and cross the railroad tracks, and he was no longer inside Jefferson Street Park.” (SIDE NOTE: HERE, SERGEANT GIDDINGS IS REFERRING TO TIMESTAMPS 15:32 MINUTES TO 16:19 MINUTES OF HIS POV CAMERA FOOTAGE, WHICH IF YOU VIEW FOR YOURSELF, YOU CAN CLEARLY SEE THAT WILLIAM
STILL REMAINED OUTSIDE OF THE OFFICIAL AND DESIGNATED/POSTED BOUNDARIES OF JEFFERSON STREET PARK,
DESPITE HIM MOMENTARILY STEPPING OFF THE CONCRETE SIDEWALK AND INTO THE DIRT LOCATED NEXT TO IT. SO NO MATTER WHAT, WILLIAM WAS NEVER IN VIOLATION OF ANY MUNICIPAL OR COUNTY CODE ORDINANCES THAT NIGHT REGARDING PARK CURFEWS, REGARDLESS OF THE CIRCUMSTANCES.)
DESCHENES: “And, uhh, the,
uhh, campsite, that you were
at, uhh, on September 15th,
was that within the green line
boundaries?”
GIDDINGS: “Yes it was.” - - - WILLIAM: “So, uhh, Sergeant Giddings, umm, before the Occupy Jefferson Protest that, uhh, started sometime early Novemb- or- September, umm, did you ever, umm, uhh, discuss the park boundaries with anybody, uhh, in your, in your team, in your police department, with Jefferson Park? Were you aware of any boundary issues with Jefferson Park, before Occupy Jefferson?” GIDDINGS: “Uhh, I had no circumstances where the exact boundaries of the park came in play prior to that, that, umm, that week.” WILLIAM: “Okay, so, umm, I believe you said that, uhh, you told us that the park boundaries go to the curb on both sides, to include both sidewalks?” GIDDINGS: “Yes, that is correct.” WILLIAM: “So, umm, would you be willing to admit that they appear to look like sidewalks, versus, uhh, park material, park land?” GIDDINGS: “I mean, it's not grass, if that's what you're asking. They are sidewalks.” WILLIAM: “Okay. So you identify them using the word, sidewalk?” GIDDINGS: “I would consider that, yes.” WILLIAM: “Umm, so, umm, sidewalks in the city, uhh, I assume if you are, uhh, uhh, you know, an officer of the law, you're trained in the governing law, umm, what sort of, umm, closures can sidewalks have, if you are aware?” GIDDINGS: “Well, if the sidewalks are within park boundaries, then tho- those areas are closed from 11pm to 5am. Many of our city parks contain sidewalks.” WILLIAM: “Not speaking of sidewalks that are adjacent to or included in parks. Just a simple sidewalk on the side of a road. If you see that it's, umm, got some fencing around it, uhh.” [...] GIDDINGS: “Umm, a park, uhh, sidewalk areas located outside of parks but on public right-of-ways, umm, don't suffer any closures.” WILLIAM: “Okay.” GIDDINGS: “So as long as it's not on private property, there are some sidewalks that are also located on private property that, I guess those conditions would be subject to the property owners.” WILLIAM: “Okay. So, umm, there aren't any closures, umm, uhh, would there, in your experience, would there potentially be a closure for, uhh, like construction nearby, like a, you know, to put up a fence there to allow, so, that they have room to work?” GIDDINGS: “Yep- yes, they might put up fencing or signing of some, umm, some part, just to get people to use a different sidewalk. I imagine that.” WILLIAM: “Umm... so, uhh, the particular sidewalk on, adjacent to Linden Street, if you're looking at some similar map as I am... say you're going westward from the river, and, uhh, you're just about to cross over the, uhh, railroad tracks... is there any indication on the sidewalk, that that sidewalk is closed, as you're walking into the park, from the side corner, along the sidewalk?” GIDDINGS: “There's no indication, at the railroad tracks.” WILLIAM: “Also, too, if you were to be coming, uhh, walking south from Rodizio Grill, on the, what looks to be a sidewalk adjacent to Jefferson Park... uhh, if you're to be entering that sidewalk from Rodizio Grill, would there be any indications that that sidewalk would be closed?” GIDDINGS: “Uhh, the first indication is located approximately one third of the way into the park, umm, on a light-pole, on the right side of the sidewalk along the curb line, there's a sign that indicates, umm, that it is Jefferson Park, that alcoholic beverages are prohibited, and that the park is closed from 11pm to 5am.” WILLIAM: “Okay. But that sign, do you recall if that sign says that the, uhh, sidewalk is also closed?” GIDDINGS: “It does not reference the sidewalk.” - - - WILLIAM: “So when you had, uhh, checked with the city to determine park boundaries, who did you check with? GIDDINGS: “Uhh, I speaked with Ranger Bud Bredehoft, with the Parks Department.” WILLIAM: “Did you, uhh, confirm any of these checkings, umm, with the city attorney?” GIDDINGS: “I had no need to confirm it with the city attorney.” WILLIAM: “Okay, so is there any, umm, conversations that you ever had with the city attorney, whatsoever, on this topic?” GIDDINGS: “During that week, no.” DESCHENES:
“Your honor, umm, this
line of questioning seems to be
soliciting hearsay.”
(WHAT IS THIS?!?!? PROOF THAT THE DISTRICT ATTORNEY KNOWS WHAT HEARSAY IS?!?!?
AND YET CONTINUES TO HYPOCRITICALLY ALLOW EQUALLY PURE HEARSAY TO BE SPEWED BY SERGEANT GIDDINGS REGARDING THE BOUNDARIES OF THE PARK...)
JUDGE ECTON:
“I'll
allow that answer, and, Mr. Montgomery, go
ahead and ask your next question, we'll
see if it merits an objection.”
WILLIAM: “Umm, so did you mention anything to us, about, a city attorney being involved?” GIDDINGS: “I don't recall. I had no conversations with the city attorney during the week that I was, present with you guys, at, at the park.” WILLIAM: “Uhh, did you check any other sources, umm, uhh, to confirm against, uhh, when you got that map from the Parks Department?” GIDDINGS: “Again, no. I had no need to speak with anyone else other than the Parks Department. They have the ultimate authority and, and official maps of the park boundary.” (NOTHING BUT A 100% FALSIFIED, FABRICATED, AND FULLY PERJURED HEARSAY STATEMENT CONJURED UP SOLELY BY SERGEANT GIDDINGS IN A FAILED ATTEMPT TO COVER UP HIS OWN WRONGDOINGS. THE PARKS DEPARTMENT DOESN'T HAVE THE ULTIMATE AUTHORITY, NOR DO THEY HAVE THE OFFICIAL MAPS OF PARK BOUNDARIES, NOR DID THEY EVER ONCE ATTEST TO SUCH THINGS!) - - - WILLIAM: “Uhh, so generally speaking, when you're looking for, umm, jurisdiction, umm, what's the first place that you refer to? Uhh, for, say to determine what's private property or public property... someone gives you a call... uhh, what tools, if any, do you use at your disposal to determine jurisdiction?” GIDDINGS: “Well, umm, if we have to sometimes we use the mapping program that's, umm, in our computer... uhh, oftentimes it's, uhh, it's very clear to us, umm, you'd have to give me more of a specific example... but I can't think of any other time that I've had an issue trying to determine, umm, exact boundary lines of where public property turned into private property. The main reason in this circumstance that I went to obtain the map from the Parks Department is because I was informed by members of the group on September 9th when I first interacted with them, that they, umm, had been told that they could be in the grassy area to the south of the sidewalk along Jefferson Street, that they were informed by another, umm, official, that that was outside the park boundaries. Umm, I didn't believe that to be correct, but I didn't, umm, know 100%... well that's why I contacted the Parks Department and obtained an official map with those boundaries. Umm, that's the sole reason why, umm, I went out, and sought that map.” WILLIAM: “Uhh, sure, thank you, umm. So who is, uhh, Bud?” GIDDINGS: “Bud Bredehoft, he's a ranger, he's one of our two park rangers that works for the city, uhh, Parks Department.” WILLIAM: “Okay. And, umm, uhh, are you aware of mapping applications that are offered by the city, umm, services to the public?” GIDDINGS: “I, I know there's a, a GIS Department, I've never used that before. Umm, I do know that if you google or search on the city website, they, uhh, under the Parks Department, they have some general maps available to show people where the natural areas or the city parks are located at. Umm, just some general location maps. That's all I'm really aware of.” WILLIAM: “Okay, so, that you are aware there are some maps available online?” GIDDINGS: “Yes.” WILLIAM: “Okay. Offered by the city, via their website?” GIDDINGS: “Yes.” - - - WILLIAM: “So, uhh, sorry, could you, uhh, summarize that, uhh, one more time for me, I apologize.” GIDDINGS: “Again, you were asking what that land was, umm, starting from the edge of the railroad tracks, working north along Linden Street, umm, right at the railroad tracks is where the boundary line for the park ends, umm, the railroad tracks themselves would be private railroad property, but, umm, allows by law for people to pass over them only at marked crossings. Umm, and then on the other side of the railroad tracks is a short section of sidewalk, umm, public sidewalk before a driveway entrance into a private parking lot.” WILLIAM: “Okay, so you do consider that little strip there, east of the railroad tracks to be, right of way?” GIDDINGS: “I would consider it to be public sidewalk.” WILLIAM: “Public sidewalk, okay. Umm, but, I assume public sidewalk is the same definition is, of right of way, when talking about plats, and, you know, stree- sidewalks that are adjacent to streets?” GIDDINGS: “I wouldn't know, I couldn't testify to the legal definition, I would just consider it a public sidewalk.” WILLIAM: “Okay, one that does not close?” GIDDINGS: “Umm, unless it's posted for some reason, one that I would assume is not closed.” (WELL WHAT DO YOU KNOW, SERGEANT GIDDINGS HIMSELF EVEN ADMITTED THAT SIDEWALKS NEED TO BE DESIGNATED AND POSTED AS CLOSED FOR THEM TO ACTUALLY BE CLOSED.) - - - WILLIAM: “Umm, is there any, umm, way to tell, uhh, what's the green and what's the red... uhh, just looking at the map all by itself?” GIDDINGS: “No. There is nothing on the map itself that explains the delineation of the two colors.” WILLIAM: “So there's no, there's no legend, okay.” (AND FINALLY, HERE COMES THE OFFICIAL, 100% UNSUBSTANTIATED, FALSIFIED, FABRICATED, AND FULLY PERJURED HEARSAY TO WHICH THE CITY AND COUNTY'S ENTIRE WRONGFUL AND MALICIOUS PROSECUTION RESTED ON...) GIDDINGS: “That was just from my, from my own, uhh, investigation, and speaking with the Parks Department.” - - - WILLIAM: “So you are aware that there are streets, and then there's designated sidewalks that are adjacent to streets, that otherwise don't close unless posted.” GIDDINGS: “Yes, I know there are streets, and some- many streets are lined with sidewalks, most of the streets in the city of Fort Collins have sidewalks, alongside- alongside of them. Only some in more of the rural areas don't have sidewalks.” WILLIAM: “So uhh, when you had warned us, about being in the park, umm, you had mentioned that it went curb to curb, umm, on the 14th, was there a discussion over if the sidewalks were included or not, with that park boundary?” GIDDINGS: “Yes, I was very specific, because curb-line to curb-line includes the sidewalks. The sidewalks are within the curb-lines on both sides of the park, and I was very specific on both occasions.” WILLIAM: “Now, did you say anything to me, to the effect of, if I'm walking down Linden Street, umm, that if I needed to make sure I didn't break the rule of being in a park, that I needed to cross the street and then walk down the other side of the street in order to not violate?” GIDDINGS: “I remember you specifically asking about, well right of way, how do I get to the other side of the street, and I pointed at the sidewalk across the street and said you could utilize that sidewalk to cross Jefferson Street if you wanted to.” (HOW ABSURD AND VIOLATIVE OF EQUAL PROTECTION AND DUE PROCESS A REQUEST LIKE THAT WOULD BE!) WILLIAM: “Okay, so, umm, if you're not there to inform somebody that this particular sidewalk adjacent to Linden Street is, in fact, in the park, umm, what indication does somebody have that, uhh, they're in a park when they're walking, uhh, down the street, through either sidewalk, umm, Linden or Jefferson?” GIDDINGS: “Uhh, there are se- a number of signs located along the sidewalk. Uhh, there are, uhh, three signs- two on the, on the Jefferson side of the sidewalk, as you're walking from Rodizio Grill, umm, uhh, towards Linden Street. There are two signs on the light pole at the edge of the, uhh, the curb line facing towards the sidewalk. There's the main Jefferson Street Park sign that's located, umm, uhh, in the, near the center of the park, in the grass, faced out towards the sidewalk, and then there is one more additional sign located right at the corner of Linden Street and Jefferson Street, facing the sidewalk on Linden Street that addresses it as Jefferson Park and specifically states that alcoholic beverages are prohibited inside the park.” WILLIAM: “Okay, so none of these signs, umm, are specific enough to tell you that the very sidewalk itself is also closed?” GIDDINGS: “No, again, none of those signs specifically address the sidewalk. They all pointed towards the sidewalk and are visible from the sidewalk.” WILLIAM: “Okay, so, umm, so it is possible that somebody could be walking down either sidewalk, see the, uhh, sign for the, umm, park, and then, uhh, mistakenly not associate it with the sidewalk, just associate the sidewalk with the street?” GIDDINGS: “It's possible.” WILLIAM: “Uhh, what was the original violation that, uhh, I, uhh, had allegedly committed, umm, the day prior to this event?” GIDDINGS: “That was within- that was being within the park boundaries when the park was closed. You were contacted at 2:25 in the morning, inside the park boundaries.” WILLIAM: “Okay, and the park, umm, in order to be in violation of the park, the statute itself, does it say something that the park boundaries need to be, uhh, designated and posted signage, to, warn somebody that, that it's, that they're in a park?” GIDDINGS: “I don't know the exact wording of the statute, so I wouldn't want to, I'd have to read it to confirm that, but it do- it does say that it does have to be designated, umm, natural area or a park.” (SO, UMM, EXACTLY WHY IS WILLIAM STILL BEING PROSECUTED THEN?!?!? TRULY SCARY HOW SERGEANT GIDDINGS COULD ACTUALLY RECALL, BUT TOTALLY DISREGARD, WHAT MUNICIPAL COURT JUDGE KATHLEEN LANE HAD JUST TOLD HIM IN DAVID'S TRIAL ON MARCH 17, 2016 – THAT PEOPLE FOUND IN THIS PARTICULAR SIDEWALK COULD NOT BE CONSIDERED IN VIOLATION BECAUSE OF HOW IT IS NOT DESIGNATED AND POSTED AS PART OF A PARK.) WILLIAM: “Gotcha, so designated, that's a very good word.” - - - WILLIAM: “Okay, so, umm, in H-3 and H-1, umm, it shows kinda the entrance and exit points, uhh, roughly of the sidewalk that's running along Linden Street, umm, from those pictures does it appear that the sidewalks themselves are marked, in any way, uhh, for closure, either temporarily or otherwise?” GIDDINGS: “Umm, the only sign that you see present is in H-2 and H-4, you can see the one sign I referred to earlier, umm, that's facing out towards the sidewalk that identifies it as Jefferson Park, and specifically states alcoholic beverages are prohibited in the park. In H-1 and H-3 there are no signs visible in either of these photographs.” WILLIAM: “Okay, but the one that does have the picture of the sign in it, umm, that sign is inside the grassy area that's just north and east of both sidewalks, Linden and Jefferson?” GIDDINGS: “Yes, it looks, uhh, it's posted just inside that decorative railing, facing out towards the sidewalk.” WILLIAM: “Okay, so it's facing out. One could imagine it's indicating inwards. Umm does that sign say anything about, umm, sidewalk closures, does it say anything at all?” GIDDINGS: “Again, no, none of the signs specifically say, address sidewalk closure.” - - -
Then,
William took
the stand and
submitted his
own witness
testimony as
to what had
happened. (But,
so as to not
repeat here
what has
already been
reported, it
can safely be
said that
everything
William
testified to
on the stand
were all the
same factual
circumstances
leading up to
this point in
the case, as
has already
been
explicitly
laid out in
this
particular
report.)
Next,
during the
jury
instruction
submittal
phase of the
trial, William
and Judge
Ecton argued
in circles for
over ten
minutes
because of how
William
insisted on
presenting to
the jury the
underlying
municipal code
elements
of “being
in a designated park
after hours” (so
as to fairly
inform them of
the
underlying “rule
or order” that
Sergeant
Giddings had
accused him of
violating)
while Judge
Ecton insisted
that such
underlying
municipal code
elements were
not relevant
to the case,
or as he
literally put
it, “you're not facing a violation of that law, you're facing
a violation of
this law.” (ANYBODY WHO MAY BE INTERESTED IN DIGESTING THE
FULL
CONVERSATION
SURROUNDING
SUCH AN
ABSOLUTELY AND
PROFOUNDLY
IRRATIONAL,
ILLOGICAL,
ERRONEOUS, AND
DOWNRIGHT
ABSURD
CONCLUSION
THAT JUDGE
ECTON CAME TO,
CAN LISTEN TO
THE FULL TRIAL
AUDIO FROM TIMESTAMPS 4:07:58
MINUTES TO
4:19:12
MINUTES.) Suffice
it to say,
William was
unsuccessful
in reasoning
with the Court
that the jury
needed to be
adequately
informed of
precisely what
the underlying
charge at
issue
entailed, and
the need for
him to be
within a “designated
and posted” as
closed area
otherwise. (And
thus, one can
only imagine
how badly this
discrepancy,
in conjunction
with the DA
also
maliciously
tailoring
the “Unlawful
Conduct On
Property” elements
themselves to
not
reference “prominently
posted” language
either,
contributed to
the jury's
wrongful
finding of
guilt in this
matter – when
compared to
case law just
established of
the exact
contrary by
Judge Kathleen
Lane during
David's
municipal-court-based
trial held on
March 17, 2016
over the exact
same issue.)
Finally,
the Larimer
County
District
Attorney and
William hashed
out their
final
positions in
the closing
argument
portion of the
trial:
WILLIAM: “Good afternoon guys, thanks for coming back. Boy, I don't even know where to start. I, umm, I've never been so disappointed in my life, of our own city, but hey, emotions aside, umm, we need to get to some facts here. Umm, this is a, a law that I have to actually be in violation of. Uhh, one of the biggest things that I think they are trying to push, is this some sort of defamation that I, umm, am just disobeying an order, and that that's my law that I violated, I disobeyed an order. Umm, I actually have to be in violation of an actual order in order for that to happen. Umm, the warnings heeded up to this point, uhh, were not the type of warnings that are actually constituting me being in violation of anything. Umm, uhh, okay so, uhh, coming down to the actual elements of the case, of course, that the defendant, in the State of Colorado, uhh, at the place and date and time charged, I was there, umm, on the sidewalk, uhh, entered or remained on any public property, or conducted himself on any public property. This is where they just try to inject and assume that the park boundaries were already established. You already know about them William, we already told you about them. Telling me about the park boundaries is not establishing the actual park boundaries. And, umm, when you go to the next section, in violation of an order, rule, or regulation, like I said, I actually have to be in violation of an actual rule or order. It was very apparent that Giddings, umm, knew about the park curfew statute, umm, but he, uhh, admitted that there's nothing mentioned whatsoever about sidewalks. And so when he gave me a rule or order regarding sidewalks, that, that isn't anywhere in the actual statutes. Essentially, what this city is having to do, by not letting themselves do a better investigation, and not charge me, is having you guys decide what a municipal court does, which is basically, your own experience of umm, in this case, case law, umm, which is if a sidewalk is not clearly notated, what are you gonna do, you know, that the whole reason why this- we're even in court is because, it doesn't come down to, we simply told you. It's selective enforcement of the law if that's all that has to be happening. It's just somebody telling you that a law has been broken. The whole point was, these sidewalks, they're not closed, there- nobody before the park, or after the park, sees that they're closed, during the park it didn't look like they were closed, after talking to other people in the city, they all indicated that sidewalks don't seem to close. [...] Uhh, he had no idea what the boundaries were before Occupy Jefferson. Understandable, to an extent, but what really disturbs me is that, he says, and you guys say that, you know, he came back with the rules of the park, and they were all well established, umm, that's just hearsay. They don't even have anything but a, uhh, a circumstantial, maybe even service-oriented related map from the parks department. Not even from the head of the department. And, umm, personally I am shocked that you guys didn't go to city attorney, or the GIS, or the, umm, survey department, because they would have all showed the same thing. It's a 100 foot right of way, it's a, it's a, the plat came first. And so, umm, [...] The way that people have understood the Occup- the Jefferson Park, to be, is always been, umm, in our experience, of people in the city that I know, umm, it was owned by the railroad company, and then leased to the city as a park. Umm, if you look at the map, and how he described it, I highly doubt that the park would be established after, umm, the lease, and then include just a little strip of just the park where the sidewalk is. And then also have in that lease for the park mentioned of the, railroad company property being the other part of the park. So, umm, the railroad company doesn't go to the curb. The park doesn't go to the curb. None of the, uhh, umm, documents that I ever found anywhere had any, umm, issues with going to the curb. Umm, and so it's kinda like, it's a two fold. One, uhh, even if the sidewalk is in the park, uhh, if it's not very, umm, well notated, or not notated at all, say you're walking down from Rodizio Grill to a parked car, umm, on Linden, when you're walking down that sidewalk that starts off on the actual side of the road before if even gets into a grassy area, how are you going to know that the park is closed? And, umm, that both the sidewalks and the park are closed. And then, even worse, is the sidewalk that I was on, the night I was ticketed, umm, I wasn't even arguing on whether or not I can be on a sidewalk in a park, I was just arguing, look I'm not even in a park guys. You're trying to show me these maps, uhh, they don't have any legends on them, I, I, I wish I could just accept and agree, but I also have rights, and that's one of those things that I learned in my past, is that if I don't exercise them, nobody will. And, umm, you know, I don't like the idea that if you're gonna linger in a sidewalk, that all of a sudden it may be construed as though you could be in a park. I think if you have a sidewalk, and it's open, you can do whatever you want, day or night, that's your sidewalk. That's the whole point. It's called a right of way. And so I counted it out, it's a 100 feet. Uhh, these guys, uhh, felt as though, based on the way that we were being treated, I think they just kinda wanted to remove us from the protest. They wanted to end it. You know, uhh, alleging that we were in violation. Umm, but, uhh, what really concerns me is, uhh, umm, officers are supposed to be trained in right of way law. It's very easy, you go online. There's plats, there's deeds, there's maps. That's- that should have been first before anything else. Uhh, he should be going and taking what I gave him, information wise, about when I talked to the streets department, and going and talking to the streets department, and being, like hey streets. [...] Umm, basically, not talking to anybody else, umm, uhh, let's see here, uhh, he even himself said it was- he referred to them as sidewalks. Umm, so, if you can't do that, and then also include definitions of parks and definitions of sidewalks, you're, I don't want to say, entrapping people, but you're really fooling people. And, just because you simply tell them that they're in violation of the law, doesn't mean jack diddly squat to all the other people that walk along that sidewalk, that aren't informed. And so, if they're not informed, through some other signage, then they have to be informed through somebody telling them, and then that becomes selective enforcement. They only choose who they tell, and then all of a sudden you're in violation just because you were told. I don't believe that's how it works. You actually have to be in violation of an actual law. Umm, they offered no actual statutes that I'm even in violation of, just simply a park. You guys don't even technically, don't even know if there is a park curfew violation to be had, umm, it's just simply, I don't think they even stated the actual statute number. So, for all intents and purposes, I don't think they've even presented anything that I'm even in violation of in the first place. I'm willing to admit that there's a park there. I'm willing to admit that park boundaries even close. I have no problem. I'm not trying to get out of a crime or anything. I'm just trying to go off of the facts, and the facts were not well established up to that point, of where the actual park boundaries were, and if they included sidewalks or not. Umm, the one thing that I absolutely need to make sure of, for the record, for anybody that ever reads this, is that these people were not respectful toward us. I know it has, it shouldn't have any bearing, but I wanted to just simply correct the defamation, umm, when I mentioned to Giddings that I, umm, had gone to the streets department, the literal response that I got from him was, that's not true. Like, as if I didn't even go to the actual department. And, umm, it was just, like, I can't believe you that you actually did your homework or something like that. And the fighting that went on was basically him not believing me that I had done any homework, and then me fighting back saying, where's your homework. I've done more homework than you. And so, umm, you know, I really do appreciate him talking with me. We were able to work out a lot of things. Uhh, but we weren't able to come to any conclusions because, that's what we're talking about here today. Umm, they felt as though, them just simply telling us, with some map that they got from one department, and then that's good enough, umm, I respectfully reserve the challenge- or the right to challenge that, umm, without looking like I just, disobeying an order. I mean, that's the only way to challenge, is to take the ticket. So that's why I'm here. Umm, I didn't take it because I am trying to get out of it. Umm, the- you know, the one thing I could show you guy- I can hope for you guys, is that if you look at all the other sidewalks, uhh, the eight pictures I took, uhh, all along Linden Street, umm, they're all the same, and that's because they're all developed by the same people, the city, and I've spoken with many of them, even the people that did the construction, umm, they've always, all considered it right of way. [...] I'm sorry, it's kinda hard to speak my mind, umm. Just to clarify real quick, I did not join the protest until later, umm, all of the stuff that you may see in the pictures is not mine, I am not a messy person at all. I had a bike, with some gear on it, and a little seat that I sat on, you guys can probably see that in the footage. Umm, those pictures were of our friends that had their RV taken, they didn't have anywhere to put their stuff, and so, it does look bad, umm, but it's kinda hard when you don't know where else to go, and you're occup- you have to occupy land, and so that's why they did that. But, you know, umm, not that it should have any bearing, you know, stuff in a sidewalk. Umm, but uhh, they were, I think what I just wanna finish on is maybe, based on what they started off of, umm, absolutely if, uhh, overhead lights go on, and some cop is pulling me over, yeah, you're gonna pull over. Yeah, absolutely. If a cop did that to me, I would pull over. Umm, but then if he pulled me over and, uhh, said, hey man, umm, you got a headlight out, or hey man, your plates are expired, I'm gonna challenge that. I'm gonna say, hey man, you wanna take me to court on that, or you wanna go around the corner and talk about it, look at the plates, are they expired. And so, anybody that gets pulled over has a, you know, a right to respectfully disagree with an officer, and challenge the law, and that's not retaliation. That's not somebody trying to get out of it or get away with it. That could be potentially somebody that just simply tried their best to do more homework than what the cops were offering them. And, I don't know how else to exercise a right, but to actually exercise it. And so, I don't really know, umm, I hope that you guys don't deliberate based on the emotion of, well, all that matters is that, umm, that the defendant was actually first given a limitation. Umm, warnings are warnings, absolutely. Umm, the kind of warning that I think is getting confused here, is that there's a warning for when you keep giving it, their gonna ticket you for that. And so, umm, this warning was, umm, originally park curfew violation type warning. Umm, but that never got addressed, or, how would I put it, umm, the notice that was given actually has to be of an actual violation, and, I really don't see how they have provided any information whatsoever that I am actually in violation of anything. I almost want to, I would love to be guilty if I was actually in the park, umm, uhh, but I have to stand up for anybody and everybody that's in a sidewalk that a cop wants to remove because the sidewalk just happens to be right next to a park. Umm, I don't think anybody, reasonable in their mind, is going to look at that sidewalk, and know themselves that it's closed, and then simply respect, just because a cop told them that, just 'cause a cop went to the parks department. Umm, like I said I went to other departments, I found other information. Umm, I don't believe I'm in violation of a rule or order. Umm, I hope that you guys can just, uhh, judge based on pure facts, and the facts are, there's no notices anywhere for sidewalks being closed. It's actually very confusing to anybody that's walking on either side of those streets, especially since it's downtown, to get confused into thinking that they're on a sidewalk. And, umm, even if they're confused about a sidewalk, if they go online and see a map, that shows a plat, a 100 foot right of way, other maps that all say the same thing, all show the same thing, even, uhh, maps from the same department that conflict. Umm, in this case, I was extra, extra careful to make sure that I was not on a controversial sidewalk, inside of a park. I went straight for, 100 foot right of way. I walked across it. Looks like a sidewalk, smells like a sidewalk, feels like a sidewalk. I didn't lick it, but I'm sure it tastes like a sidewalk. Umm, I don't know what else to say. I really hope uhh, that this, uhh, won't happen again, that maybe you guys will get a better idea for how to, how to do their jobs, how to look at evidence, how to do investigations. Umm, it's a, you know, I, uhh, I, the reason I actually didn't call any witnesses, was because I actually didn't think I needed any. And the only ones I needed, or thought I would have needed, were umm, people that, umm, how do I put this, they were part of the city that had referred me to other parts of the city, and it all came down to, I need my own surveyor 'cause I can't use the city's surveyor, or so I thought at the time. And so, my survey was, I couldn't afford an actual surveyor, so I went out and I walked a 100 feet. And so, I would have absolutely brought in people, uhh, if I didn't think my, you know, 100 foot walk didn't have any value. And so, umm, last thing I could mention is, uhh, well there may be small, slight differences in the, umm, street, uhh, and how it goes along Linden Street, uhh, if you look at the map, uhh, H-1 I believe, umm, the reason I took that shot is because it shows 100 feet all the way across, roughly, wherever you take that snapshot, so. It would be one thing if we were talking about the Jefferson Street sidewalk, but, umm, 'cause that's not paved in such a way, umm, that this one had every indication that would fool you into thinking it's a sidewalk. Umm, planters, benches, umm, street names on the actual entrance-ways. [...] Thank you very much.” DESCHENES:
“The
violation that
we're talking
about here is
the violation
of park
curfew. Umm,
it was well
posted (UMM, NO IT WAS
NOT!),
uhh, it
was, Mr. Montgomery was told, twice before he was issued this
ticket, that
he had to
respect the
park hours and
park
boundaries. Umm,
I would
disagree,
respectfully,
with Mr.
Montgomery,
that the only
way to
challenge is
reading of,
uhh, versus
the reading of
the parks
department and
Sergeant
Giddings, and
the police,
was to take
this
ticket.
Uhh, I believe
that there are
numerous
options when
we're dealing-
perhaps too
many options
when we're
dealing with,
uhh,
government
planning and
zoning, things
like that, to
make these
determinations
and to make
these
arguments,
without
willfully
violating the
law.
Without, Mr.
Montgomery
says he took
extra, he took
extra extra
careful to be
on a
non-controversial
sidewalk.
That ignores
the fact that
Sergeant
Giddings told
him, twice,
before that
night, that,
that was a
controversial
sidewalk, that
that sidewalk
was within the
park
boundaries
according to
the
police, according
to the park
that's
responsible
for managing
that property. Umm,
responsible
for enforcing
park rules on
that property. And
Sergeant
Giddings gave
these
warnings, one
because, maybe
the- sure, if
the signs do
not say,
Sidewalks
Close, and it
would be
utterly
unfair, umm,
in the absence
of any sort of
notice, for
the people to
be ticked for
being on a
sidewalk that
doesn't say
that it's
closed. (YEAH,
THAT'S
RIGHT!
IT WOULD BE
UTTERLY
UNFAIR!) That's
why the
statute,
that's why the
instruction
you're looking
at there,
instruction
ten, requires
that law
enforcement
give notice,
and that's
exactly what
Sergeant
Giddings did. (YEAH, EXCEPT THAT'S NOT WHAT THE STATUTE SAYS!
FIRST, THAT'S
NOT WHAT THE
UNDERLYING
MUNICIPAL CODE
ORDINANCE
SAYS, AS IT
REQUIRES “DESIGNATION
AND
POSTEDNESS” AS
CLEARLY
EXPLAINED BY
JUDGE KATHLEEN
LANE ON MARCH
17,
2016.
BUT MORE
IMPORTANTLY, YOU
KNOW YOURSELF
THAT THE
UNLAWFUL
CONDUCT ON
PUBLIC
PROPERTY JURY
INSTRUCTIONS
ORIGINALLY HAD
THE
WORDS “PROMINENTLY
POSTED” IN
THEM, BUT
WHEREBY YOU
CONSCIOUSLY
AND
MALICIOUSLY
CHOSE TO OMIT
THEM PRIOR TO
TRIAL, JUST SO
YOU WOULDN'T
HAVE TO DEAL
WITH THEM
LATER, LIKE
RIGHT NOW FOR
INSTANCE!
HOW
INTELLECTUALLY
DISHONEST CAN
YOU
GET?!?!?
IF ONLY THE
JURY KNEW THAT
YOU HAD
OMITTED SUCH
IMPORTANT
WORDING, MAYBE
THEY WOULDN'T
HAVE
WRONGFULLY
CONVICTED
WILLIAM IN THE
MATTER!)
He did so on
the 13th of
September, he
did so on the
14th of
September, and
spent 45
minutes
speaking with
Mr. Montgomery
about the
nature of the
park
boundaries,
about the
hours of the
park, and
about is-
about why, if
Mr. Montgomery
returned, he
would be
ticketed.
Mr. Montgomery
returned, and
was
ticketed.
There's no
controversy,
there was no
surprise.
Umm, and, uhh,
all this
again, this is
clear from the
video
footage.
You also
received in
exhibit two,
another video,
uhh, this is
from another
police
officer, uhh,
who was going
to the scene,
uhh, and walks
the park as
well.
Uhh, what's
informative
about this is
at very
beginning, Mr.
Montgomery,
during his
testimony,
alleged that
he was waiting
patiently in
his chair for
the police, to
show up so
that he could
have another,
uhh, debate
over the
nature of the
park
boundaries,
and receive
his ticket so
that he could-
'cause that
was the only
way he saw to
challenge,
uhh, his view
of the law
versus the
legal system's
view of the
law.
The, uhh, but
the point of
view camera
shows, he was
hanging out
with other
people in the
park, and then
when officers
arrived, he
walked to his
chair, and sat
down and
started video
taping.
Umm, it's a
small
difference,
but, it's
telling.
Uhh, the
statutes don't
mention
sidewalks by
name.
The statutes
don't mention
a lot of
things.
Uhh, it's not
the
responsibility
of law makers,
thank
goodness, to
lay out every
single
iteration of
every single
possible
violation, and
anticipate
everything
that might go,
might be part
of a
park. If
statute
doesn't
include trees,
that doesn't
not mean that
somebody can
hang out in a
tree after the
park is
closed, just
because the
statute
doesn't
mention
it. Uhh,
we have, as
Sergeant
Giddings
testified, we
have parks
that have
roads going
through them,
and when the
parks close,
those roads
close.
And when you
are on those
roads, and a
law
enforcement
officer
observes you,
they will go
and let you
know the park
is
closed.
And in 17
years,
Sergeant
Giddings did
that.
And in 17
years leading
up to this
ticket,
leading up to
this
situation,
only one
person had
continually
disregarded
the notice
that Sergeant
Giddings gave,
and requiring
him to give
the
ticket.
Umm, you get
to judge the
credibility,
you get to
just the
evidence.
Uhh, and, uhh,
you get to
apply it to
the
law. I
would say that
when an
officer
notifies you
that the
sidewalk is
part of the
park, and the
park closes at
11, and
reopens at
5am, and tells
you in the
future, please
don't camp out
in the
sidewalk, that
is effective
notice. (NO, THAT IS NOT! ACCORDING TO MUNICIPAL
COURT JUDGE
KATHLEEN LANE,
ACTUAL “DESIGNATED
AND
POSTED” SIGNAGE
IS ONLY
CONSIDERED TO
BE EFFECTIVE
NOTICE!) And under
the
instructions
you see,
instruction
ten, that is
exactly what
the statute
requires. (AGAIN, THAT IS
NOT
EXCLUSIVELY
WHAT THE
STATUTE
REQUIRES!
YOU
CONSCIOUSLY
AND
MALICIOUSLY
TAILORED SAID
JURY
INSTRUCTIONS
TO ERRONEOUSLY
REFLECT AS
SUCH!)
And that is
what Mr.
Montgomery was
given, and
that is what
he ignored,
and he did so
intentionally.
Umm, I
encourage you
not to reward
that.
Umm, there's
no confusion
about the
warnings that
he was
given.
The only
confusion that
is occurring
is being
injected into
this situation
by Mr.
Montgomery,
uhh, bringing
in, uhh,
trying to
bring in
statements
that- from
that are not
here, bringing
in old maps
that he
downloaded
from the
internet, umm, that
don't have,
don't have any
province that
we can track
down, or that
weren't
provided to us
at least
today, (AGAIN, WHERE'S BUD
BREDEHOFT?
WHERE'S YOUR
PARKS
DEPARTMENT
EMPLOYEE THAT
WOULD NEED TO
ACTUALLY
SUBSTANTIATE
YOUR BLATANT
HEARSAY
OTHERWISE?!?!?) and
against that,
he's asking
you to ignore
a law
enforcement
officer's
doing his
job.
That did his
due
diligence. Who asked the parks department for just those
park
boundaries,
received them,
and employed
them. So
ladies and
gentlemen,
uhh, when you
go back to
that room.
again, thank
you very much
for your time,
for your
patience, it's
been a long
day.
Uhh, it's not
a very
exciting
process much
of this, but I
thank you very
much for
coming in and
spending your
day with us,
paying
attention to
this
case.
Uhh, I
encourage you
to return a
verdict of
guilty.
Thank you.”
- - - -
- - - - - - -
- - - -
ON
JUNE 2, 2016,
AT 11:25PM, William had observed several members of the public congregating
on and around
the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street that
he and his
brother had
been
wrongfully
arrested on
that morning
of September
15, 2015, as
well as within
the official,
lease-based
boundaries of
the nearby
Jefferson
Street Park,
and proceeded
to report to the Fort Collins Police Department, via a phone
call into
their
dispatch, the
illegal
park-curfew-violative
behavior that
he had been
observing.
First, AT
11:32PM, William
took a picture
of these
people that he
had noticed
eating pizza
in and around
the park (see
William Reports To The
Police People
Eating Pizza
In And Around
The Park).
Then, a
minute or two
later, AT
11:33PM, he
observed Fort
Collins Police
Department
Officers
Michael Harres
and Dalton
Brown arrive
at Jefferson
Street Park
(see Officers Harres And
Brown Are
Dispatched To
The Park To
Investigate),
whereby he observed them inform and require the people eating
pizza located
within the
official
lease-based
boundaries of
the park to
exit that
particular
area, but do
nothing to
inform the
people eating
pizza located
exclusively
within the
publicly owned
and maintained
sidewalk of
Linden Street
that they were
otherwise
required to
exit that
particular
area. He
observed the
officers let
those people
stay precisely
where they
were.
Directly
after the
officers left
the area, AT
11:39PM, William
took another
picture of the
remaining
people eating
pizza that
were still
located
exclusively on
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street
(see The Police Remove
People From
The Park But
Let Those In
The Sidewalk
Stay), as
proof that
they had been
allowed to
remain and eat
their pizza
there.
A FEW
MINUTES LATER, William called back into Fort Collins Police dispatch to
inquire as to
why the people
eating pizza
in the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
were allowed
to remain
where they
were, of which the dispatch operator informed
him, in clear
and
unambiguous
terms, that “that's city property, and not part of the nearby park.”
- - - - - -
- - - - - - -
- -
ON
JUNE 8, 2016,
AT 10:02AM, William and David visited the City Of Fort Collins Parks Department,
located at 413
S Bryan Ave
(see Visit With The Fort
Collins Parks
Department
Regarding
Jefferson
Street Park).
There, they
spoke with Parks Department Ranger Bud Bredehoft, and asked
him if they
could obtain a
copy of the
red-and-green-line,
internal-use-only,
service-related,
maintenance-based
“map” of
Jefferson
Street Park
that Ranger Bredehoft had originally
provided to Sergeant Giddings during the Occupy
Jefferson
Protest back
in September
2015.
After
visiting for
awhile, Ranger Bredehoft informed William and David that Parks Department Life Cycle Coordinator, Jill Wuertz,
who he
believed had
created the
red-and-green-line
map, is known
to produce her
maps for
internal
purposes only,
or in his
exact words,
that “She's just doing it for the parks crews.”
Later in
their
conversation,
referring to
the “map” that
he had
originally
provided to
Sergeant
Giddings,
Ranger
Bredehoft said
to William and
David, “I don't know who he checked with, if he's saying one
thing and
another, but,
he asked for a
map and that's
the map.”
Then,
continuing to
refer to the
original
red-and-green-line
“map” that he
had now been
unable to find
for William
and David,
Ranger
Bredehoft said
to them, “The files I looked at, it's not in there.”
Ranger
Bredehoft then
clarified his
position even
further,
saying to
them, “I don't know, yeah, where you actually nail down the
official,
official
[boundaries of
the park].”
William
and David
eventually
asked Ranger
Bredehoft once
again if he
knew if the
green lines in
the
red-and-green-line
“map” in
question was
considered the
“official”
boundary map
of Jefferson
Street Park,
to which
Ranger
Bredehoft
responded to
them by
saying, “No, I'm going to have to check this one now, because I
thought that
was public.” (Just
prior to this
point in the
conversation
William,
David, and
Ranger
Bredehoft had
been
discussing the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
at issue that
they had been
ticketed on,
so Ranger
Bredehoft was
referencing
that same
strip of land
when making
said comment.)
Later in
their
conversation,
William asked
Ranger
Bredehoft once
again, “So if Giddings asked for that map again, you guys would
have to go
find it?” To
which Ranger
Bredehoft
responded, “I'd have to go find the one that I gave him. I don't
know where I
got it.”
Then
Ranger
Bredehoft
finished his
visit with
William and
David by
saying to them
a final time
(again,
regarding his
position on
the
red-and-green-line
“map” being
considered an
“official”
boundary map
of Jefferson
Street Park or
not), “I can't say that, that is the official, exactly the
thing, because
I don't know
myself.”
After
that, William
and David left
the building,
but without
ever gaining
access to the
red-and-green-line
“map” that had
originally
been provided
to Sergeant
Giddings
during the
Occupy
Jefferson
Protest back
in September
of 2015.
- - - - - - -
- - - - - - -
-
ON
JUNE 15, 2016,
AT 2:29PM, William and David followed up
with Director Of Parks Mike Calhoon and Park Ranger Bud Bredehoft down
at the Fort Collins Parks Department (see Follow
Up Visit With
Mike Calhoon
And Bud
Bredehoft).
The four of them discussed in great detail all the
pertinent
issues leading
up to this
point
regarding the
glaring
discrepancies
caught between
the
red-and-green-line
map originally
obtained by
Sergeant
Giddings, and
everything
else – maps,
plats, leases,
etc. –
discovered
since.
Toward
the end of
their
conversation,
Mike Calhoon
admitted that
he “searched
everywhere,” but
was unable to
locate the
red-and-green-line
map originally
provided by
their
department to
Sergeant
Giddings, and
that the
green-line-only “FAT” map
he had
recently
provided to
William via
email was the
only map they
currently had
available for
viewing
otherwise.
- - - - - -
- - - - - - -
- -
ON
JUNE 22, 2016,
AT 3:45PM, William spoke on the phone with Fort Collins Parks Department Life Cycle Coordinator Jill Wuertz (see Phone Call With Jill
Wuertz (Parks
Department
Life Cycle
Coordinator)).
He wanted to
know more
about the
red-and-green-line,
internal-use-only,
service-related,
maintenance-based “map” of
Jefferson
Street Park
that had
previously
been provided
by their Parks
Department
Ranger Bud
Bredehoft to
Sergeant
Giddings, and
what exactly
the different
red and green
lines
contained
within it
meant.
Jill
informed
William
that “One of those is probably a parcel line, umm, so that
includes
ownership,
umm, but one
of them might
be a
maintenance
boundary.
Especially if
it goes to a
curb, or
something like
that, that
includes
right-of-way,
but a lot of
times we
maintain tree
longs in the
right-of-way,
and things
like that.”
Later,
Jill finished
her
conversation
with William
by saying to
him, “So we maintain two different polygon files. One of
which is an
ownership file
of the exact
parcel
boundary, and
the other is
more like a
maintenance
boundary.”
Then, a
couple of days
later, ON
JUNE 27, 2016,
AT 3:59PM, William
followed up
with Jill
Wuertz again
via phone (see Follow Up Phone Call
With Jill
Wuertz (Life
Cycle
Coordinator)),
after further
exchanging
emails with
her on the
subject (see Email Exchange With
Jill Wuertz
Regarding
Maintenance
Maps).
During
this final
conversation
with Jill,
William asked
her, “So you guys actually mark
off the
sidewalks,
umm, so they
know where to
service the
sidewalks.” To which
Jill said in
response to
him, “Uh huh, yep. That
area we take
care of.”
- - - -
- - - - - - -
- - - -
ON
JUNE 23, 2016,
AT 2:24PM, William visited the City Of Fort Collins GIS Department, located
at 215 N Mason
St (see Visit With The Fort
Collins GIS
Department
Regarding
Jefferson
Street Park).
There, he
spoke with GIS Department Programmer Tim Morales, who
confirmed with
him that the original GIS department official boundary map of
Jefferson
Street Park (see Jefferson Street Park
(Fort Collins
Official GIS
Department Map
Circa Pre
2016))
that was being
offered at
that time to
the general
public via
their website
portal, gisweb.fcgov.com,
and to other
city
departments
via the “polygon files” located on their internal
servers, was
actually
incorrectly
drawn, just
as William had
specifically
pointed out to
him, and to
which had
erroneously
included
within it the
aforementioned
railroad track
area located
directly to
the east of
the park, and
the northeast
parking lot
located
directly to
the northeast
of that.
In Tim Morales' own words, he said
to William
after he
noticed the
pointed out
discrepancies, “So somebody has drawn the park incorrectly.”
The Fort Collins GIS Department then
subsequently
revised their
official
boundary map
of Jefferson
Street Park to
reflect the
removal of the
aforementioned
discrepancies,
and
re-released a final, updated version of the map and its associated polygon file (see Jefferson Street Park
(Fort Collins
Official GIS
Department Map
Circa Post
2016)) to
be accessible
by the general
public and
other city
departments
via their
physical
office and
website
portal, gisweb.fcgov.com.
This final, most-correctly-drawn, circa post 2016,
official GIS
Department
boundary map
of Jefferson
Street Park
was strictly
rectangular in
shape, did not
include within
it any
discrepancies
whatsoever of
either an
adjacent
railroad track
area or a
northeast
parking lot,
and of course,
naturally did
not include
within it (as
it never once
did before)
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street
that the
green-line-based,
internal-use-only,
maintenance-based,
service-related
Parks
Department
“map” had
included
within
it. It
was finally,
after several
years of being
incorrect and
the source of
so many
problems, 100%
consistent in
size and shape
with the truly
original,
“most
official,”
lease-based
boundaries of
the park as
first
established
back on
October 25,
1995.
This
GIS-department-based,
circa-post-2016,
100%-correct-in-all-ways,
official
boundary map
of Jefferson
Street Park
remained
accessible to
the general
public and to
other city
departments
until the park
was finally
decommissioned
on October 26,
2016.
- - - - - - -
- - - - - - -
-
ON
SEPTEMBER 23,
2016, William filed an
appeal in
his Unlawful
Conduct On
Public
Property case (see William
Files An
Opening Brief
In His
Unlawful
Conduct On PP
Appeal). At the time, William
was not as
experienced
with law as he
may be now,
and he was
still
proceeding pro se as
a result of
being burned
by the Public
Defender's
office years
prior, but
none of that
matters because
he was able
to, at the
very least,
provide
precisely the
sort of “clear
and convincing” evidence
that would
otherwise be
needed for the
Larimer County
District
Attorney to be
able to
overturn his
wrongful
conviction
with (and
likewise
charge
Sergeant
Giddings with
perjury with)
independent
of
any appellate process
taken.
In
William's
appeal, he
explained in
clear and
unambiguous
language that
the
prosecution
wrongfully
convicted him
using
non-cross-examinable,
non-admissible
evidence, that
Bud Bredehoft
was never
subpoenaed to
the stand in
order to
actually
verify the
otherwise
unsubstantiated,
entirely-hearsay-based
claims brought
forth by
Sergeant
Giddings, that
he had
personally
followed up
with the staff
at the Parks
Department who
were unable to
provide him
with the
original
red-and-green-line
map to which
they had once
provided
Sergeant
Giddings, that
he spoke with
the very
creator of the
red-and-green-line
map who had
explained to
him that it
was meant for
internal-to-her-department,
service and
maintenance
purposes only,
that he had
since obtained
the correct
boundaries
from the
correct
department,
that he had
even
personally
corrected the
very “polygon
file”
discrepancy
within that
department to
which had
originally
caused such
confusion over
at the other
department,
that the
prosecution
incorrectly
instructed the
jury by
omitting
references to
“designation
and
postedness” in
complete
contradiction
to case law
that had just
been
established at
the municipal
court level
over the exact
same issue,
and that he
and his
brother had
eventually
found the
actual lease
and lease
transfers
themselves for
the
property.
All
information
offered in his
appeal also
included
references to
attached
exhibits
regarding each
conclusion
made, thereby
constituting,
unequivocally,
the “clear
and convincing” evidence
needed to
overturn his
wrongful
conviction
with.
It
is truly
shocking that
a District
Attorney's
office would
continue to
maliciously
prosecute
somebody after
personally
handling such
obvious,
independently
verifiable,
conclusive,
and plainly
exculpatory
information.
But as you
will soon find
out, that is
exactly what
they did...
- - - - - - -
- - - - - - -
-
ON
DECEMBER 1,
2016, AT
5:19PM, William attempted
to file a
formal
complaint against
Sergeant
Giddings, with Lieutenant
Daniel Murphy of
the Fort
Collins Police
Internal
Affairs
Department (see Lieutenant
Murphy Tells
Me To Put It
In Writing). Right
away,
Lieutenant
Murphy refused
to speak with
William,
instead
demanding that
he “put it in
writing.” This demand was a direct violation of his Internal
Affairs Policy
No. 1020.3,
which
explicitly
states: “Although written complaints are preferred, a complaint
may also be
filed verbally
either in
person or by
telephoning
the Agency and
will be
accepted by
any employee.”
William called Lieutenant Murphy again, ON
DECEMBER 9,
2016, AT
5:00PM, but was hung up on, again (see Phone Call With
Lieutenant
Murphy (Police
PSU) But He
Hangs Up On Me
Again).
- - - - - - -
- - - - - - -
-
ON
JANUARY 3,
2017, the District Court Judge Stephen Howard denied William's appeal in his Unlawful
Conduct On
Public
Property case (see District Court Judge
Stephen Howard
Denies
William's
Unlawful
Conduct Appeal).
- - - - - - -
- - - - - - -
-
ON
JANUARY 4,
2017, the Chief Deputy Larimer County District Attorney David
Vandenberg filed an answer brief in William's Unlawful Conduct On Public Property appeal (see The District Attorney
Files An
Answer Brief
In William's
Unlawful
Conduct Appeal). Despite
having access
to conclusive
and
verifiable, “clear
and convincing” evidence of William's innocence
that he had
just provided
to his office
via his
opening brief
in the matter, Deputy
District
Attorney
Vandenberg
ignored the
plainly
exculpatory
information,
and instead
continued to
cover up
William's
wrongful
arrest and
conviction.
The
following are
direct quotes
taken from
Deputy
Vandenberg's
answer brief, and
to which
capture
precisely just
how
intellectually
dishonest and
corrupt his
office has
become with
regards to
disputes of
fact and
disputes of
law:
“The
area where the
defendant was
located on
September 15,
2015 during
the hours
Jefferson Park
was closed was
within the
park
boundaries.”
(UMM,
NO IT WAS
NOT!
SERIOUSLY, HOW
CAN YOUR
OFFICE
CONTINUE TO
REACH SUCH
BLATANTLY
CONTRADICTORY
CONCLUSIONS IN
THE FLYING
FACE OF NOT
JUST
CONVERSATIONS
THAT YOU NOW
KNOW TOOK
PLACE BETWEEN
WILLIAM AND
THE PARKS
DEPARTMENT
REGARDING THIS
EXACT DISPUTE,
BUT ALSO THE
VERY LEASE FOR
THE PROPERTY
WHICH INCLUDES
ITS VERY OWN
BOUNDARY MAP
OF THE PARK –
BOTH OF WHICH
WERE
EXPLICITLY
MENTIONED TO
YOU IN HIS
OPENING BRIEF!)
“[T]he map was not introduced into evidence but
rather was
merely used
demonstratively.”
(YEAH,
BUT SERGEANT
GIDDINGS'
UNSUBSTANTIATED,
PERJURED,
HEARSAY
TESTIMONY OF
THE MAP AND
ITS PURPORTED
OFFICIALNESS WAS UNLAWFULLY
INTRODUCED
INTO
EVIDENCE!)
“The map in question showing the boundaries of the
park was
merely a
visual
demonstration
of information
which Sgt.
Giddings had
otherwise
already
testified to.”
(RIGHT...
JUST 'MERELY'
A VISUAL
DEMONSTRATION,
HUH? AND
ALSO, WHO
CARES WAS
SERGEANT
GIDDINGS
“TESTIFIED TO”
– HEARSAY IS
HEARSAY IS
HEARSAY IS
HEARSAY!)
“[T]here
is no
possibility,
let alone a
reasonable
one, that the
People's use
of the 'red
and blue map'
for
demonstrative
purposes only,
meaningfully
contributed to
or even had a
logical
connection to
the
defendant's
conviction in
this matter.”
(OH
MAN, ARE YOU
FREAKING
KIDDING
ME? HOW
DO YOU PUSH
SUCH SLUDGE
PAST YOUR
BRAIN?
IT WAS THE
SOLE REASON I
GOT
CONVICTED!
YOU REALLY
THINK THAT THE
JURY WOULD
HAVE STILL
CONVICTED ME
WITHOUT SEEING
THAT
MAP?
ACTUALLY, YOU
ARE CORRECT,
IT DOESN'T
MATTER ABOUT
THE VISUAL USE
OF THE MAP
“FOR
DEMONSTRATIVE
PURPOSES
ONLY,” I
GOT CONVICTED
VIA SERGEANT
GIDDINGS'
UNDERLYING HEARSAY
TESTIMONY
REGARDING IT,
WHICH IS JUST
AS BAD AS
OFFERING A
VISUAL
REPRESENTATION
OF IT!)
“Even assuming arguendo the map constituted hearsay
evidence,
there is no
possibility
that its
admission
contributed to
the
defendant's
conviction for
the reasons
stated
immediately
above.”
(EVIDENTLY
INTELLECTUAL
DISHONESTY
KNOWS NO
BOUNDS!)
“The defendant generally challenges the sufficiency
of the
evidence.
The evidence
at trial
demonstrated
that the park
was closed
during the
hours the
defendant was
found to be in
the park, that
the defendant
was informed
of the fact
that he could
not be in the
park during
the closed
hours, and
that the
park's
boundaries
included the
area in which
he was
contacted on
September 15,
2015.
He was given
multiple
warnings prior
to September
15, 2015 as
well as
education
regarding the
parks' use
restrictions
and
boundaries. The
above
constituted
substantial
evidence from
which any
reasonable
juror could
conclude that
the People had
proven beyond
a reasonable
doubt that the
defendant was
guilty of the
charged
offense.”
(MAN,
YOU
LITERALLY HAVE NO IDEA WHAT THE DEFINITION OR CONCEPT OF EVIDENCE
IS.
UNSUBSTANTIATED,
PERJURED,
HEARSAY
TESTIMONY IS
NOT EVIDENCE!
COLORADO RULES
OF EVIDENCE RULE
802 WAS
SPECIFICALLY
PUT INTO PLACE
TO PROTECT
AGAINST JUST
THIS SORT OF
BLATANTLY
UNACCEPTABLE
FRAUD AND
CORRUPTION!)
- - - - - - -
- - - - - - -
-
ON
JANUARY 10,
2017, AT
2:29PM, William spoke on
the phone with Lieutenant
Craig Horton
of the Fort
Collins Police
Internal
Affairs
Department (see Full
Internal
Affairs Phone
Report To
Lieutenant
Horton (Police
PSU)). Finally, he was able to lodge a formal
complaint
against
Sergeant
Giddings,
despite his
prior
unsuccessful
attempts made
with
Lieutenant
Murphy. (At
timestamp 19:35 minutes is
where William
begins to
report his
complaint
against
Sergeant
Giddings.)
During
his complaint,
William
informed
Lieutenant
Horton, in
clear and
unambiguous
language, that
Sergeant
Giddings had
erroneously
obtained the
incorrect
boundaries for
Jefferson
Street Park
from the wrong
city
department, that
those
incorrect
boundaries had
erroneously
been imported
into that
wrong
department
from a
different
department,
that that
different
department had
originally
incorrectly
drawn them in
the first
place hence
all the
confusion,
that he and
his brother
had since
obtained the
correct
boundaries for
the park from
the correct
department,
that they had
personally
corrected the
aforementioned discrepancy that
originally
caused such
confusion,
that they had
even
discovered the
original lease
for the park
which also
reflected the
correct park
boundaries, and
that they were
ultimately
ticketed while
standing
exclusively
within the
publicly owned
and maintained
100-foot
right-of-way
sidewalk of
Linden Street
as originally
established in
the city's 146
year old
plat.
William
further
explained that
Sergeant
Giddings
wrongfully
convicted him
in County
Court using
perjured and
unsubstantiated
hearsay to
which Giddings
had already
tried to use
(but was
unsuccessful
in using) in
his failed
attempt to
wrongfully
convict
David in his
Municipal
Court
trial over
the exact same
issue.
- - - - - - -
- - - - - - -
-
ON
FEBRUARY 19,
2017, AT
4:37PM, William left three
back-to-back
voicemails for Fort
Collins Police
Sergeant Sean
Giddings, explaining
the entire
situation that
he and his
brother had
uncovered up
to this point, and otherwise pleading
his innocence
and asking for
help with
overturning
his wrongful
conviction
that he had
unlawfully
secured
against him (see Three Voicemails Left
For Sergeant
Giddings (Who
Ended Occupy
Jefferson)).
- - - - - - -
- - - - - - -
-
ON
APRIL 6, 2017,
AT 4:29PM, William left a
voicemail for Fort
Collins Chief
Of Police John
Hutto, likewise
explaining the
entire
situation that
he and his
brother had
uncovered up
to this point, and likewise pleading
his innocence
and asking for
help with
overturning
his wrongful
conviction (see Voicemail
Left For John
Hutto (City Of
Fort Collins
Chief Of
Police)).
- - - - - - -
- - - - - - -
-
ON
APRIL 10,
2017, William received a letter from Sergeant Jackie Pierson of the Fort Collins Police
Internal
Affairs
Department in
response to the complaint he had recently lodged against
Sergeant
Giddings (see Internal Affairs
Response From
Sergeant
Jackie Pierson
Regarding
William's
Complaint). Suffice
it to say,
Lieutenant
Horton failed
miserably to
conduct a
thorough,
fair, and
impartial
investigation,
because as a
result,
William's
complaint was
returned as
apparently
unfounded
(despite the
literal
mountain of
conclusive, exculpatory,
and
independently verifiable
evidence he
had otherwise
provided him
to the exact
contrary).
According to Sergeant Pierson, “After
thorough,
lengthy review
of the
information
you provided,
court
transcripts
and other
documents and
interviews of
involved
officers, the
investigation
revealed that
no FCPS
officer
violated FCPS
policy and
each officer
was exonerated
of any alleged
policy
violation.”
(RIGHT...
LIKE A FORT
COLLINS POLICE
OFFICER DIDN'T
JUST COMMIT
VERIFIABLE
PERJURY IN
ORDER TO
WRONGFULLY
CONVICT AN
INNOCENT
PERSON FOR
STANDING IN A
SIDEWALK
LOCATED
OUTSIDE OF A
PARK.
THAT'S NOT
JUST A POLICY
VIOLATION,
THAT A
CRIMINAL
VIOLATION! NOW,
WHAT STARTED
OFF AS A
SIMPLE
WRONGFUL
CONVICTION HAS
TURNED INTO A MASSIVE,
SUPREMELY
UNLAWFUL COVER
UP!)
- - - - - -
- - - - - - -
- -
ON
APRIL 14,
2017, AT
1:04PM, William spoke
on the phone
with Fort
Collins Parks
Department
Manager Of
Parks Steve
Lukowski (see Phone
Call With
Steve Lukowski
(Parks
Department
Manager)).
He was
interested in
confirming
with the Parks
Department if
they were, in
fact, “the
official
source for
park
boundaries,” as
Sergeant
Giddings had
alleged and
eventually
testified to,
or not.
Steve
Lukowski
confirmed for
William,
without issue,
that their
department was
indeed not the
official
source for
park
boundaries
within the
City Of Fort
Collins.
Their
conversation
can be summed
up best by
quoting,
verbatim, the
last recorded
portion of it:
LUKOWSKI:
“Yeah, that sounds pretty
accurate.”
- - - - - - -
- - - - - - -
-
ON
MAY 4, 2017,
AT 1:32PM, William left two
back-to-back
follow up
voicemails for Sergeant Pierson of the Fort Collins Police
Internal
Affairs
Department, expressing
his
dissatisfaction
with her
department's
findings, and
further
explaining (in
excruciating
detail, once
again) how he
and his
brother had
been
maliciously
prosecuted by
Sergeant
Giddings
during and
after the
Occupy
Jefferson
Protest (see Two
Voicemails
Left For
Sergeant
Pierson
(Police
Professional
Standards
Unit)).
- - - - - - -
- - - - - - -
-
ON
MAY 10, 2017,
AT 12:38PM, William left three
back-to-back
voicemails for Fort
Collins City
Manager Darrin
Atteberry, further
explaining the
entire
situation that
he and his
brother had
uncovered up
to this point, and
further
pleading his
innocence and
asking for
help with
overturning
his wrongful
conviction (see Three
Voicemails
Left For
Darrin
Atteberry
(Fort Collins
City Manager)).
- - - - - - -
- - - - - - -
-
ON
MAY 26, 2017,
AT 2:17PM, William and David held
a meeting at the Fort Collins Municipal Courthouse with the Fort Collins City Attorney Carrie
Daggett and Assistant Chief Of Police Kevin
Cronin (see Meeting With Carrie Daggett (City Attorney) And Kevin
Cronin (Deputy
Chief)). During this meeting, they discussed all the fraud and
corruption
they had
endured
leading up to
this point in
their lives,
including all
the previous
unsubstantiated
charges levied
against them,
and then
eventually
talked about
the Occupy
Jefferson
Protest and
William's
wrongful
conviction in
the matter (see timestamps 33:37
minutes to
38:55 minutes).
In clear and unambiguous language, William and David
explained to
Carrie Daggett
and Kevin
Cronin that
Sergeant
Giddings was
100% mistaken
regarding the
boundaries of
Jefferson
Street Park,
that he had
erroneously
obtained them
from the wrong
department,
that they had
personally
followed up
with that
department and
spoke with the
staff there
who explained
to them that
Sergeant
Giddings had
only been
given a
maintenance
map for the
park and that
they were by
no means the
official
source for
park
boundaries
within the
city, that
they had since
obtained the
correct
boundaries
from the
correct
department,
that they had
eventually
found the
actual lease
itself for the
property, and
that they were
ultimately
ticketed while
standing
exclusively
within the
publicly owned
and maintained
100-foot
right-of-way
sidewalk of
Linden Street
as originally
established in
the city's 146
year old
plat.
They further
explained that
Sergeant
Giddings
wrongfully
convicted
William in
County Court
using perjured
and
unsubstantiated
hearsay to
which he had
already tried
to use (but
was
unsuccessful
in using) in
his failed
attempt to
wrongfully
convict
David in his
Municipal
Court
trial over
the exact same
issue, and
that when
William
appealed his
County Court
conviction,
that the
Larimer County
District
Attorney
effectively
“ratified”
that the
boundaries
unlawfully
submitted by
Sergeant
Giddings were
now, in fact,
the official
boundaries for
Jefferson
Street Park
(even though
they're unequivocally not)
and that the
Fort Collins
Parks
Department,
was now, in
fact, the
official
source for
park
boundaries
within the
city (even
though it's unequivocally not).
- - - - - - -
- - - - - - -
-
ON
JUNE 27, 2017,
AT 1:20PM, William spoke on
the phone with Lieutenant
Jarred Kinsman
of the Fort
Collins Police
Internal
Affairs
Department, further
discussing the
fraud and
corruption
that he and
his brother
had caught up
to this point,
including
their
dissatisfaction
with his
department's
recent
findings
regarding
Sergeant
Giddings
misconduct (see Phone Call With
Lieutenant
Kinsman
(Police
Professional
Standards
Unit)).
During
this
conversation,
Lieutenant
Kinsman
attempted to
unlawfully
shift his
department's
duties to that
of the courts
by trying to
convince
William that
it was not his
job to look
into what
William was
reporting. William responded by saying that, according to his
department's
policies, he
and his
constituents were
required to
investigate
into both
policy-based
and
criminal-based
violations of
their officers
when the
issues alleged
boil down to
more than just
a difference
in opinion
regarding the
guilt or
innocence of
somebody going
through the
court
system. Lieutenant
Kinsman then
told William
to "put it in
writing" –
just as
Lieutenant
Murphy once
did, and to which William responded by saying that
requiring him
to do so was
also a
violation of
his
department's
policies, and
whereby he has
every right to
lodge verbal
complaints,
especially
considering
how behind he
and his
brother currently were with regards to their life / medical / legal
paperwork.
- - - - - - -
- - - - - - -
-
ON
JUNE 27, 2017,
AT 2:33PM, William left two
follow up
voicemails for Lieutenant Kinsman of the Fort Collins Police
Internal
Affairs
Department, and
while calling
in to leave a
third one,
actually got
him on the
phone again
(see Two Voicemails Left
For, Then
Phone Call
With
Lieutenant
Kinsman
(Police PSU)). Unfortunately,
during
William's his
conversation
with the
officer, the
truth finally
came out –
that the
reason he
wasn't being
taken
seriously was
because the
department had
officially
labeled him a
“lawsuit
scammer.” This was, without a
doubt, one of
the saddest
moments in
William's
life, considering
how he and his
brother had
tried so hard,
for so long,
to just be
normal, law
abiding,
objectively
reasonable,
genuine U.S.
citizens with
regards to
their
concerns, with
only the high
hopes in mind
that they
could maybe
produce a
little reform
within their
community, or
to otherwise
at the very
least hold
individual
officers
accountable to
the very
standards they
hold everybody
else to.
The following are direct quotes taken from Lieutenant Kinsman during
the
conversation
held between
him and William:
“Can I
ask you a
question,
William? When
are you gonna
stop calling
us and asking
us to respond
to your
questions and
go ahead and
file your suit
so we can take
this to a
court and you
can hear from
a judge versus
us?”
“Stop
calling here
and trying to
bait us.”
“You're
trying to set
the police
department up
to say things
or do things,
so that you
can then go
sue us on a
technicality.”
“That's
you not acting
as a
responsible
citizen,
that's you
trying to take
advantage of
some
technicalities
in a court
room.”
- - - - - - -
- - - - - - -
-
ON
JULY 17, 2017, William received a
letter from Lieutenant
Jarred Kinsman
of the Fort
Collins Police
Internal
Affairs
Department in
response to the
multiple
complaints now
lodged against
several police
officers
within the
city (see Letter
From
Lieutenant
Kinsman
Outright
Denying
William's
Internal
Affairs Claims). In
his letter, Lieutenant
Kinsman
officially
closed the
door on
William regarding
his
complaints,
all while
violating his
own policies
in the
process.
The
following are
some of the
responses
given by him
(and my
personal
reaction to
them):
“I am writing you to inform you of the outcome of my investigation into the allegations made in your complaints recently submitted to me. While I understand that you have been frustrated with your past contacts with Fort Collins Police Services employees, I am limited to investigating complaints that involve violations of Police Services' policies. Your recent complaints do not rise to this level but appear to just be your disagreement with past internal affairs decisions or matters which, at this point, can only be addressed through some legal process.” (ACTUALLY, YOU ARE OBLIGATED TO INVESTIGATE INTO NOT JUST ALLEGED POLICY VIOLATIONS, BUT CRIMINAL VIOLATIONS AS WELL, AS YOUR INTERNAL AFFAIRS POLICY NO. 1020.5 EXPLICITLY STATES: “EMPLOYEES MAY BE SUBJECT AN ADMINISTRATIVE INVESTIGATION AND/OR A CRIMINAL INVESTIGATION TO DETERMINE THE FACTUAL BASIS OF ANY COMPLAINT.” THIS SHOULDN'T MATTER, OF COURSE, AS OBTAINING THE WRONG MAP FROM THE WRONG DEPARTMENT IS SURELY A VIOLATION OF YOUR INTERNAL POLICE POLICIES. BUT NEVERTHELESS, SERGEANT GIDDINGS COMMITTED VERIFIABLE PERJURY DURING BOTH DAVID'S AND WILLIAM'S TRIALS, WHICH YOU MOST CERTAINLY HAVE AN OBLIGATION TO INVESTIGATE AND CHARGE HIM WITH COMMITTING, IF YOU SO DISCOVER THAT SUCH HAD HAPPENED.)
“[I]n your voicemail message you indicate that you still disagree with the City's determinations made regarding the circumstances surrounding your contact with Sergeant Sean Giddings on September 9, 2015 (Ref: FCPS Case 15-14955). I have reviewed your complaint concerning Sergeant Giddings and found that Lieutenant Craig Horton conducted and completed a thorough investigation of your complaint and that Sergeant Jackie Pierson sent you a memo dated April 10, 2017 notifying you of the outcome of Lieutenant Horton's investigation. Therefore, this investigation is concluded.”
(IT'S REALLY A SHAME THAT SO MANY CRONIES EXIST WITHIN YOUR POLICE FORCE, FOR IF YOU ACTUALLY KNEW WHAT YOU WERE DOING, YOU WOULD HAVE EASILY CAUGHT THE FRAUD AND CORRUPTION REPORTED HEREIN. YOU HAVE ALL TRULY FAILED TO COMPREHEND EVEN THE MOST BASIC OF FACTUAL DISPUTES, INCLUDING YOUR VERY OWN PUBLISHED PARK BOUNDARIES THAT YOU AS A CITY SELF-AUTHORED AND GAVE YOURSELF ACCESS TO, AND WHEREBY A REGULAR / LAYMAN CITIZEN EVIDENTLY HAD NO TROUBLE FIGURING OUT OTHERWISE!)
- - - - - - -
- - - - - - -
-
ON
AUGUST 16,
2017, Deputy
Larimer County
District
Attorney
William Starks filed
a Motion
To Impose
Suspended
Sentence in
William's Unlawful
Conduct On
Public
Property case (see The
Larimer County
District
Attorney Files
A Motion To
Impose 72 Day
Jail Sentence).
The motion was
triggered by a
new charge
brought
against
William of
allegedly
committing
Disorderly
Conduct on May
18,
2017. Ironically,
the primary
reason for
William being
so upset in
this new case
was
specifically
because of the
sheer amount
of supremely
unethical and
perpetually
sustained
fraud and
corruption he
and his
brother had
endured up to
that point
regarding the
very Occupy
Jefferson Park
boundary issue
laid out in
this report.
What
a government
scandal this
has become!
- - - -
- - - - - - -
- - - -
ON
DECEMBER 6,
2017, AT
11:56AM, William visited the
corner of
Linden Street
and Jefferson
Street,
and noticed
that a
couple of
“Sidewalk
Closed” signs had
been placed
along the
publicly owned
and maintained
right-of-way
sidewalk of
Linden Street
– the same
public
sidewalk that
he and his
brother had
stood upon
that morning
of September
15, 2015.
It
appeared that
construction
was being
performed on
the nearby
parcel of land
that was once
sanctioned as
Jefferson
Street Park,
and that the
construction
crews present
needed to
create a
safety barrier
for their
vehicles and
equipment to
work within.
One “Sidewalk Closed” sign was located about six feet away from where William's
brother had
been standing when
he was
wrongfully
arrested that
morning of
September 15,
2015
(see Linden
Street
Sidewalk
Closed Sign
Where David
Had Been
Standing)
and the other “Sidewalk Closed” sign was located literally exactly where William had been
standing when
he was
wrongfully
arrested that
same morning
(see Linden
Street
Sidewalk
Closed Sign
Where William
Had Been
Standing).
Then,
while
traveling
through the
area, William noticed a
survey pin (see Survey Pin @ Corner Of
Linden Street
&
Jefferson
Street)
buried in the
asphalt at the
northeast
corner of the
intersection
of Linden
Street and
Jefferson
Street, which was located precisely where one would expect to
find it when
portraying the
exact parcel
boundary for
the nearby
parcel of land
located there
at Linden
Street and
Jefferson
Street.
This survey pin was located at exactly the
southwesterly
point of the
official,
originally-drawn,
lease-based
boundaries of
Jefferson
Street
Park as drafted up in its October 25, 1995 lease, and was likewise located at the northerly edge of
the 100-foot
wide public
right-of-way
of Linden
Street and
thus 100%
consistent
with the
placement of
the
aforementioned
sculpturesque
fence that
runs along it.
LATER
THAT DAY William visited the
City Of Fort
Collins Zoning
Department,
located at 281
N College, and
spoke
with the ladies at the front counter.
There,
he obtained a
copy of the public right-of-way sidewalk closure / encroachment
permit (see Linden Street Sidewalk
Right-Of-Way
Revocable
Encroachment
Permit
Application)
required to be
filed by the
construction
company, and
to which had
been approved
by the city,
in order to
lawfully close
the publicly
owned and
maintained
right-of-way
sidewalk of
Linden Street
at issue.
- - - -
- - - - - - -
- - - -
ON
JANUARY 8,
2018, AT
10:49AM, William spoke
on the phone,
one last time,
with Lieutenant Jarred Kinsman of the Fort Collins Police
Internal
Affairs
Department (see Final Phone Call With
Lieutenant
Kinsman
(Police
Professional
Standards
Unit)).
During their conversation Lieutenant Kinsman, once
again,
requested that
William
“reduce down
to writing”
whatever it
was that he
was still
trying to
report to him. William
responded by
informing
Lieutenant
Kinsman, once
again, that
requiring him
to do so would
be a violation
of his
internal
affairs
policies.
Next,
Lieutenant
Kinsman
claimed that
he had already
looked into
all of
Williams
complaints
anyways, that
they have all
been resolved
by his
department and
each returned
unfounded, and
that
ultimately
William just
needs “to
move on and
let it go.”
William,
still
frustrated
that he was
wrongfully
convicted in
broad daylight
using now
ratified-as-official
park
boundaries
that had
originally
been derived
from a mere
maintenance
map, reduced
what he was
trying to say
down to one
simple
question: “Is
the parks
department the
official
source for
park
boundaries
within the
city, or is it
not?”
Lieutenant Kinsman wouldn't answer the
question,
thereby even
further
ratifying the
conclusion
that they were
the official
source
(even
though they're
unequivocally
not!).
Suffice
it to say,
Lieutenant
Kinsman failed
at his job,
completely,
from beginning
to end, to
hold his
officers even
remotely
accountable
for their own
wrongdoings.
- - - -
- - - - - - -
- - - -
ON
JANUARY 8,
2018, William reduced
down to
writing what
he could
manage with
his limited
time and
resources, and
started an
email chain
between him
and the Fort
Collins Police
Internal
Affairs
Department (see Final Email Report To
Internal
Affairs And
Other Fort
Collins City
Members). William
originally
addressed the
email to
Lieutenant
Kinsman, in
response to
his
internal-affairs-policy-violative
request
to “put
it in
writing,” however
City Attorney
Carrie Daggett
was the first
to respond.
Unfortunately
Carrie Daggett failed
miserably to
comprehend
even the most
basic disputes
of fact and
law.
(ALSO,
BASED ON HER
RESPONSES, SHE
EVIDENTLY
DIDN'T RECALL
/ INTERNALIZE
/ INVESTIGATE
INTO THE VERY
SPECIFIC
CONVERSATION
THAT SHE,
KEVIN CRONIN,
WILLIAM, AND
DAVID HAD
ALREADY HELD
ON MAY 26,
2017 OVER THE
SUBJECT, AS
OUTLINED ABOVE
– OTHERWISE
SHE WOULDN'T
HAVE WALKED
HERSELF
STRAIGHT BACK
INTO SUCH EASY
ARGUMENTS
AGAINST HER
OTHERWISE!)
She claimed that “Police
Services has
reviewed [the]
matter and
concluded that
Officer
Giddings did
nothing
illegal or
improper in
deciding there
was probable
cause to issue
you a summons
at that time.” William responded by reiterating what Municipal Court
Judge Kathleen
Lane had to
say in the
matter – that
the area was
not properly
designated and
posted as a
park, and that
David was
already found
not guilty at
the municipal
court level
after standing
in the same
exact sidewalk
on the same
exact evening
as him.
He then
explained that
a cautious,
prudent,
objectively
reasonable
officer would
have lacked
probable cause
to issue
anybody a
citation for
standing
within that
particular
Linden Street
sidewalk, as
the park
curfew
ordinance at
issue
specifically
refers to the
need for
proper
designated and
postedness,
not to the use
of maps.
(ALSO,
WHO CARES
ABOUT PROBABLE
CAUSE AT THIS
POINT, WILLIAM
WAS TRIED IN
COUNTY COURT
AT THE NEXT
LEVEL UP OF
PROOF BEYOND A
REASONABLE
DOUBT, WHICH
OF COURSE, THE
PROSECUTION FAILED
TO LIVE UP TO
CONSIDERING HE
RELIED
EXCLUSIVELY ON
SERGEANT
GIDDINGS'
WHOLLY
UNSUBSTANTIATED
AND FULLY
PERJURED
HEARSAY
TESTIMONY.
SO REGARDLESS
OF WHAT
HAPPENED AT
THE CHARGING
STAGE, THE
CITY AND
COUNTY HAVE AN
ETHICAL
OBLIGATION,
NOW, TO
UNPOISON THE
COURTROOM THAT
IT SO
POISONED.)
Next, she claimed that “Since you raised the issue of the park boundaries in your Municipal Court case, the City Attorney’s Office did provide all the information we had about the map dispute and the actual location of the park boundaries to the District Attorney’s Office prior to the trial on your County Court case.” William responded by reiterating that the GIS department map presented by David during his municipal court trial, and to which the Municipal Court Judge herself pointed out coincided exactly with the red lines in Sergeant Giddings' red-and-green-line map, was the more correct map that should have been researched and compared against by her office. William even explained that the red lines in Giddings' red-and-green-line map were, in fact, drawn from the very polygon file of the very map of Jefferson Street Park imported into the Parks Department from the GIS Department.
(ALSO, WHO CARES IF YOU ONCE ERRONEOUSLY RELIED ON WHAT TURNED OUT TO BE INCORRECT PARK BOUNDARIES – THAT NEVER JUSTIFIES PERPETUALLY MAINTAINING A WRONGFUL CONVICTION SHOULD YOU EVENTUALLY DISCOVER THE CORRECT PARK BOUNDARIES AFTER THE FACT. AS IN, YOU ALWAYS HAVE AN ETHICAL OBLIGATION TO OVERTURN A WRONGFUL CONVICTION ONCE THE TRUTH COMES OUT THAT SOMEONE IS ACTUALLY INNOCENT!)
Next, she claimed that “If you felt the evidence presented by the District Attorney’s Office at your trial was incorrect or incomplete, that was an issue for you or your attorney to raise, challenge and/or present your own evidence on as part of your defense at trial, so that the judge or jury could decide the facts of the case.” William responded by reiterating that he did present evidence of his own despite the burden of proof not being on him, and that he did challenge the state's evidence by raising the applicable issues, but that it didn't matter anyways because the prosecution was determined to wrongfully convict him anyways without presenting to the Court any real, actual, tangible, verifiable facts of their own and whereby they instead relied exclusively on Sergeant Giddings' wholly unsubstantiated and fully perjured hearsay testimony being accepted otherwise.
(ALSO, JUST BECAUSE YOU UNLAWFULLY DUPED A JURY INTO BUYING YOUR PSEUDO-EVIDENCE, DOESN'T MEAN THAT ACTUAL EVIDENCE CAN'T STILL BE INTRODUCED FROM OUTSIDE THE COURTROOM. RULE 3.8(H) OF THE COLORADO BAR ASSOCIATION RULES OF PROFESSIONAL CONDUCT SPECIFICALLY MANDATES THAT WRONGFUL CONVICTIONS BE OVERTURNED WHEN A PROSECUTOR BECOMES AWARE OF “CLEAR AND CONVINCING” EVIDENCE OF A DEFENDANT'S INNOCENCE. AS IN, EVERYTHING DOESN'T JUST GET “LOCKED UP” IN COURT, AND VAMOOSH, ALL YOUR INDEPENDENT ETHICAL OBLIGATIONS AS ATTORNEYS ARE SATISFIED THENCEFORWARD!)
Next, she claimed that “You had your right to a trial in your case, and you exercised that right, as well as your right to an appeal. We do not know what role the map issue played in your conviction. But If you failed to raise or effectively present your own evidence about the map and/or location of the right of way line at trial, or you did but the judge or jury did not find you credible or agree with you, that is not something Police Services or any other branch of the City government can assist you with at this point.” William responded by reiterating that she should know better that the map issue was literally the sole reason why he got convicted in the first place – as he only stood within the green lines of the red-and-green-line map, but not the red lines, that morning of September 15, 2015. Then he further explained that falsified evidence (like DNA evidence) is not appealable anyways, and that the only way to overturn a wrongful conviction stemming from the malicious introduction of such fabricated evidence is to literally police oneself, and otherwise reinvestigate and reintroduce evidence on upwards from the bottom, as well as hold police officers accountable with criminal charges like perjury should that be the reason for the wrongful conviction.
(ALSO, IT APPEARS THAT CARRIE DAGGETT IS SUFFERING FROM THE SAME DEFAMATION THAT OFFICER GOLDEN AND THE CITY EMPLOYEES DID ON APRIL 5, 2016 – THAT SOMEHOW THE DISPUTE AT HAND WAS MERELY OVER THE EXACT LOCATION OF THE RIGHT-OF-WAY LINE (TO INDEED BE DEBATED USING SURVEYS) VERSUS A LARGER, MORE OBVIOUS DISPUTE OF HOW THE PUBLISHED PARK BOUNDARIES WERE OUTRIGHT INCORRECTLY SOURCED IN THE FIRST PLACE.)
The entire email chain is actually 22 pages long, with quite a few more details and references to evidence (like even the very survey pin William found!) hashed out within it. It is truly worth reading in its entirety, so as to get a complete picture of just how downright willfully blind the entire City Of Fort Collins has become to such a blatantly obvious and remarkably simple issue this whole park boundary thing actually is. So please consider reading it!
Suffice it to say, and despite all the hard work spent by William in attempting to bridge such gaps in communication, Carrie Daggett eventually closed the book on him too, saying in her final email on the subject, “This is to inform you that I don’t consider further response to your emails productive and don’t believe that further discussion of the issues you’ve continued to discuss and describe is likely be fruitful. Substantially all of the issues in your emails are matters to be resolved in court, if currently unresolved, and there is nothing further for the City to do with regard to them. In light of this, I won’t be responding to each of your emails. This should not be construed to mean that I agree with the characterizations of fact or conclusions or allegations in your messages, as we continue to disagree about many of these points.” CONCLUSION:
From this point forward, for the next year onwards and
into the
present,
William
continues to
maintain his
innocence
despite
remaining
wrongfully
convicted by
the Fort
Collins Police
Department and
the Larimer
County
District
Attorney.
While he never
did appeal his
appeal – because of how he and his brother have continued to
be witness
tampered and
further
retaliated
against in now
dozens of
other homeless
and poverty
related
charges and
malicious
prosecutions
that have been
brought
against them
since (see Statewide Police Ran
60+ Count
Homeless Human
Trafficking
And Kidnapping
Ring 100%
Caught On
Tape!) –
he still
occasionally
leaves
voicemails
for, and drops
information
packets off
to, the Fort
Collins Police
Internal
Affairs
Department,
the Fort
Collins City
Attorney, the
Fort Collins
Chief Of
Police, the
Fort Collins
Citizens
Review Board,
and members of
the Fort
Collins City
Council, all
in hopes that
they might
wake up someday and
see the error
of their
ways. Besides,
as William has
already
pointed out,
some
convictions
are not
appealable
anyways,
that are otherwise
fully capable
of being
(and
absolutely
deserve to be)
overturned
nonetheless,
should
exonerating
evidence
eventually
come forward
regarding them
– like
wrongful
convictions
secured from
the improper
submittal of
factually
fabricated DNA
evidence, for
instance.
So
ultimately,
regardless of appeals,
hearsay,
elements,
designated and
postedness,
etc. –
literally
anything
traditionally
hashed out in
court – if the park boundaries used to convict him with are
found out to
be erroneous (which they have been!),
and William
wasn't within
the actual,
true and true
park
boundaries
when he was
ticketed for
purportedly
being in such (which he wasn't!), his
wrongful
conviction
deserves to be
overturned.
Period.
Suffice
it to say
though, until
the City and
County
governments
start policing
themselves,
William,
through this
final report,
has now begun
the task of
asking the
rest of his
community for
help, as well
as the outside
world. William
thought for
sure that his
local
government was
capable of
policing
itself, but
apparently
not.
He still plans
on submitting
this final
report to key
governmental
members within
the City and
County,
though, so as
to provide one
last offering
of good faith. So
if you're
reading this
Carrie Daggett
and/or
Clifford
Riedel, it's
not too late
to overturn his
wrongful
conviction!
It's
never too late
to exonerate
the
innocent...
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIST
OF RIGHTS
VIOLATED:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIST
OF DEPARTMENTS THAT
ALL 100%
CONSISTENTLY
MAINTAIN THAT
WHAT WILLIAM
AND DAVID
STOOD WITHIN
THAT MORNING
OF SEPTEMBER
15, 2015, WAS
THE PUBLICLY
OWNED AND
MAINTAINED
100-FOOT
RIGHT-OF-WAY
SIDEWALK OF
LINDEN STREET:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIST
OF GOVERNMENT
OFFICIALS THAT
ARE EITHER
DIRECTLY OR
INDIRECTLY,
ACTIVELY OR
PASSIVELY,
RESPONSIBLE
FOR WRONGFULLY
CONVICTING
WILLIAM:
- - - -
- - - - - - -
- - - - - - - -
- - - - - - -
- - - - - - - -
- - - - - - -
- - - -
LIST
OF CRIMINAL
ACTS
COMMITTED:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIST
OF
ORGANIZATIONS
AND PEOPLE THAT
THIS REPORT IS
BEING SENT TO:
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