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cowboy444

My first Arraignment was today.

I was in court at 9:00am this morning concerning my 2 citations for pollution by using a dredge in a scenic waterway. I tried to get the judge to dismiss both charges because of ORS 133.060 I read it to the judge.
Under ORS   133.060
Cited person to appear before magistrate

(1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.

Summons # 988554 is dated 4-10-12 or 4-11-12 or 4-16-12
Summons # 988553 is dated 4-16-12

Today's date is 5-21-12 that equals out to 35 days
You can look at the dates yourself at: http://www.cowboy444.com/2%20Citations.htm

The judge said that the dates were very clearly 4-26-2012 and denyed my petition to dismiss.
I've been appointed a public defender named John Spicer. He's out of town until June 7th when I have an appointment with him.
My next court date is 6-19-2012 for my counciled arraignment. At this time I'll plead not guilty and ask for a jury trial. The date should be set at that time. I'll post more as it comes in.

cowboy444

FREEDOM- is only for those with the guts to defend it!!!

http://www.cowboy444.com
GoldPatriot

cowboy;

SOCTUS has slapped down the EPA on this matter and already ruled that water to water transfer can not be ruled as pollution, as no pollutant has been introduced from outside the water.  Water is water, regardless of the efforts to reclassify one source against another.

Have your counsel review this site, before he attempts to defend you in court.  

Case law protects you, as it does with all miners.

Please keep us informed.

Thanks,

Den
Wallrat

Wasn't that the 9th Circuit and the "Pot of Soup" logic?
http://www.water-law.com/clean-wa...he-unitary-waters-theory-adopted/

https://www.google.com/url?sa=t&a...8Yzyk9Q&bvm=bv.99804247,d.cGU
GoldPatriot

Wallrat:

Your proffer is just one example of how and why the EPA and the State will lose on your case.

Here is a couple of proffers that may be of help to you.

http://www.icmj.com/more_page.php...dy_on_the_Fortymile_River,_Alaska

https://americanminingrights.com/...edging-by-joe-greene-retired-epa/

http://www.goldgold.com/655.html

http://www.publications.ojd.state.or.us/docs/A129732.htm

Let me know if you require more cites.

Den

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