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American Justice Studies Institute - School of Law On a Grant from WWW.USLawBooks.COM
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scooterdog

Joined: 29 Jul 2006 Posts: 151
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Posted: Thu Mar 15, 2007 2:27 pm Post subject: FOIA/MONTANA OPEN RECORDS LAW |
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I had a case some time back. June will be 2 years now.
I had sent my FOIA/PA request to the locals, (shyster, judge, sheriff, po-lice). Piss poor responses from judge and shyster, other two didn't even answere it.
Filed my action in the Montana 16th Judicial District court. Sheriff got some big shot Missoula shyster to drive 700 miles to get whooped, county shyster backed out, leaving the chief of police to get the county shyster from the county north of me (Now our county shyster).
They got me pretty good the day of the hearing. I filed my petition for release of confidential and non-conf. criminal justice info, they counter with motion do dismiss. I counter with motion to dismiss motion to dismiss. Day of the hearing I get papers in the mail at 11am, have the hearing at 2pm, no way of responding in writting. Shoot from the hip time!
Oh, neither the sheriff or chief of po-lice signed ANY documents under oath. They found a Montana Code that allowes you to file papers without "pains and penalty of purgery". Pretty darn slick I thought, and so did they.
I exploded in the court room. Went on a 10 min. rant about something called "public trust"(thats how I worded it to the judge), and said no matter, they took an oath, have violated the oath, and we just can't beleive what they tell us.
They claimed to have given me my records. They charged 25 cents per page, and produced a receipt from a few years back for $4.75. (Simple math for the judge on this one!)
I explained that these are two seperate departments, and I had not recieved the docs I requested.
Long story short, Judge Hegel had an "incamera review", released it, and told them, "could of and should have been released to Mr. MacKay".
Ok, as I go threw police reports, I find two witness's to a beating made two statements. GONE. There were several photo's of a car of mine, listed in a report. GONE.
I've thought about contempt of court, or write of mand. If I go with contempt, I should get some money for the time I spend filing. Correct? What do you legal minded people think I should do? I would love to hear what you think! |
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