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INTHE

MISSOURI COURT OF APPEALS


EASTERN DISTRICT
STATE OF MISSOURI,
Respondent,
vs.
JEFFREY R. WE1NHAUS,
Appellant

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LEGAL FILE
Volume I
AMY M. BARTHOLOW
Office of State Public Defender
1000 W. Nifong Boulevard, Bldg. 7, Ste. 100
Columbia, Missouri 65203
(573) 882-9855
Attorney for Appellant

SHAUN MACKELPRANG
Office of the Attorney General
P.O. Box 899
Jefferson City, Missouri 65102
(573) 751-3321
Attorney for Respondent

No. ED100807

INDEX
VOLUME!

Page(s)
FRANKLIN COUNTY C4SE NO. 12AB-CR02409-O1:

DOCKET SHEETS

1-19

INDICTMENT

20-22

SUBSTITUTE INFORMATION IN LIEU OF INDICTMENT

23-25

DEFENDANTS REQUEST FOR DISCOVERY

26-29

DEFENDANTS MOTION FOR BILL OF PARTICULARS

30-32

PRO SE MOTION TO DISMISS

33-35

DEFENDANTS MOTION TO QUASH INDICTMENT

36-48

DEFENDANTS MOTION TO SEVER THE CHARGES

49-52

DEFENDANTS MOTION IN LIMINE / MOTION TO EXCLUDE

53-57

DEFENDANTS VERIFIED ANNOUNCEMENT OF READY AND MOTION


FOR SPEEDY TRIAL

58-59

DEFENDANTS SECOND MOTION TO SEVER OFFENSES

60-65

DEFENDANTS AMENDED SECOND MOTION TO SEVER OFFENSES

66-7 1

DEFENDANTS MOTION TO DISMISS THE CHARGE OF TAMPERING WITH


JUDICIAL OFFICER FOR DEF]E CT IN THE INSTITUTION OF THE
PROSECUTION

72-106

DEFENDANTS AMENDED MOTION TO DISMISS THE CHARGE OF


TAMPERING WITH JUDICiAL OFFICER FOR DEFECT IN THE
INSTITUTION OF THE PROSECUTION

107-140

DEFENDANTS SECOND MOTION IN LIMINE

14 1-143

STATES MOTION IN LIMINE I

144

DEFENDANTS OPPOSITION TO STATES MOTION IN LIMINE

145-147

STATES MOTION IN LIMINE 2

148

DEFENDANTS OPPOSITION TO STATES SECOND MOTION IN


LIMINE

149-150

VOLUME II
DEFENDANTS MOTION FOR JUDGMENT OF ACQUITTAL

15 1-152

DEFENDANTS SECOND MOTION FOR JUDGMENT OF ACQUITTAL

153-156

DEFENDANTS SUPPLEMENTAL SUGGESTIONS OF LAW IN SUPPORT


OF EACH OF HIS ORIGINAL, RENEWED & SECOND MOTIONS FOR
JUDGMENT OF ACQUITTAL

157-162

JURY INSTRUCT1ONS

163-192

JURYS QUESTIONS

193-194

VERDICTS

195-200

SENTENCING VERDICTS

20 1-204

DEFENDANTS MOTION FOR NEW TRIAL

205-2 11

JUDGMENT

2 12-214

NOTICE OF APPEAL

2 15-222

CLERKS CERTIFICATION

223-225

CERTIFICATE OF SERVICE

226

Report: CZR0026

I2AB-CR02409-O1

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Date
Time

06-Feb-2014
94859AM

CIRCUIT COURT DOCKET SHEET

Page

ST V JEFFREY R WEINHAUS

Case Type:
Status:

CC F&ony
Judgment Entered
Disposition:
Jury Verdict Guilty
J8007983
OCN#:
Arresting Agency: MOM H P0000
Speedy Trial:
Date Not Entered
-

Security Level: I Public


Case Filing Date:

28-Nov-2012

Disposition Date:

10-Oct-2013

Related Case:

12AB-MC00990

SW-2360 HWY K ST CLAIR MO

Related Case:

13AB-CC00289

JEFFREY WEINHAUS V STATE OF MISSOURI

Judge
Judge

KEITH M SUTHERLAND (21509)


GAEL D. WOOD (24684)

Judge

I, I. LAMKE (28266)

Defendant

JEFFREY R WEINHAUS (WEIJR388O)

Prosecuting Attorney
Attorney for Defendant

ROBERT E PARKS 11(36333)


ROSS TYSON MUTRUX (63117)

Attorney for Defendant


HUGH ATHELSTAN EASTWOOD (62058)
Co-Counsel for the Defendant CHRISTOPHER MICHAEL COMBS
(65512)
Current Bond: $250000 00 19-Mar-2013

ReleaselStatus Reason
Change Date
26-Feb-2013

Judge
Transferred/Reas
signed
04-Dec-2012
Judge
Transferred/Reas
signed

14-Feb-2013

Attorney
Withdrawn

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time

06-Feb-2014

Page

9 48 59AM

Case continued from previous page.

I2AB-CR02409-01

ST V JEFFREY R WEINHAUS

Charge Charge
#
Date
Original
Charge:
Disposition:

Charge
Code

Security Level: I Public

Charge
Description

17-Aug-2012 3245000

Possession Of Controlled Substance Except 35 Grams Or Less Of

Ticket No: 999999999


1 0-Oct-201 3 Jury Verdict-Guilty

Marijuana (Felony C RSMo: 195.202)

Order Date:
25-Nov-2013
Sentence or SIS: Incarceration DOC
Length: 2 Years
Start Date: 25-Nov-2013
Text: 2 YRS DOC
ConclCons Case & County: CONC W/CTS III, IV, V
Original
Charge:
Disposition:

09-Oct-20 13

Original
Charge:
Disposition:

17-Aug-2012 2921700

Tampering With Judicial Officer (Felony C RSMo : 565.084)

Tried/Court-Not Guilty

17-Aug-20 12 3245700

Possession Of Up To 35 Grams Marijuana (Misdemeanor A


RSMo
195.202)

Ticket No: 999999998


10-Oct-2013 Jury Verdict-Guilty

Order Date:
25-Nov-2013
Length: 365 Days
Text: 1 YR COUNTY JAIL

Sentence or SIS: Incarceration Jail


Start Date: 25-Nov-2013

Original

Assault/Attempt Assault- LEO, CorrOff,Emrgncy Prsnnl, HwyWkr,


Utility Wrkr,Cble Wrkr Or P&P Offcr 1st Degr (Felony A RSMo
565.08 1)

Charge:

11-Sep-2012 1310000

Disposition:

10-Oct-2013

Jury Verdict-Guilty

Order Date:
25-Nov-20 13
Sentence or SIS: Incarceration DOC
Length: 30 Years
Start Date: 25-Nov-2013
Text: 30 YRS DOC
ConclCons Case & County: CONC W/CTS I, IV, V
Original
Charge:
Disposition:

11-Sep-2012 3101000

1 0-Oct-201 3

Armed Criminal Action (Felony Unclassified RSMo :571.0


15)

Jury Verdict-Guilty

Order Date:
25-Nov-2013
Sentence or SIS: Incarceration DCC
Length: 30 Years
Start Date: 25-Nov-2013
Text: 30 YRS DOC
ConclCons Case & County: CONC W/CTS I, Ill, IV

Report; CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time.

06-Feb-2014
94859AM

Page

Case continued from previous page.

I2AB-CR02409-O1

Original
Charge:

ST V JEFFREY R WEINHAUS
1 1-Sep-2012 1310000

Security Level: I Public

Assault/Attempt Assault LEO, Con Off,Emrgncy Prsnnl. Hwy Wkr,


Utility Wrkr,Cble Wrkr Or P&P Offcr 1st Degr (Felony A RSMo
-

Disposition:
Original
Charge:
Disposition:
Original
Charge:
Disposition:
Filing Date
28-Nov-20 12

565.081)
Jury Verdict-Not Guilty

10-Oct-2013

11-Sep-2012 3101000

1 0-Oct-201 3
8

Armed Criminal Action (Felony Unclassified RSMo: 571.015)

Jury Verdict-Not Guilty

11-Sep-2012 2702000

Resisting/Interfering With Arrest ForA Felony (Felony D RSMo:


575.150)
Tried/Court-Not Guilty

09-Oct-201 3

Description
Judge Assigned
Order
SPECIAL CONDITIONS SIGNED. SO ORDERED. I. I. LAMKE/JB

Grand Jury Indictment Filed


IN OPEN COURT THE GRAND JURY, BY ITS FOREMAN, RETU
RNS A TRUE BILL CHARGING
DEFENDANT WITH THE LISTED COUNT(S). ASSOCIATE COUR
T DIVISION VII SENDS FILE TO
CIRCUIT FOR GRAND JURY FILING. TRUE BILL ACCEPTED AND
ORDERED FILED.

JudgelClerk Note
-

AT TIME OF CIRCUIT INITIATION ASSOCIATE WARRANT ISSUE


D, SERVED. DEFENDANT
REMAINS IN CUSTODY

Order
AS A CONDITION OF RELEASE FOR DEFENDANT BOND IS SET
AT $250,000.00 CASH ONLY.
GDW

Bond Set

03-Dec-20 12

Arraignment Scheduled
Scheduled For: 04-Dec-2012: 10:00 AM: I. I. LAMKE; Setting: 0: Frankl
in County
Motion for Disclosure
STATES MOTION FOR DISCLOSURE FILED JB
Notice
NOTICE AND APPLICATION FOR CHANGE OF JUDGE
Judge/Clerk Note
NOTE TO MR M
-

04-Dec-2012

Notice
NOTICE FOR HEARING ON SATES MOTION FOR CHANGE OF JUDG
E
Motion for Change of Judge
04-Dec-2012
Motion Granted/Sustained
Judge Assigned

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time.
Page

06-Feb.2014
948:59AM
4

Case continued from previous page.

I2AB-CR02409-O1
04-Dec-20 12

ST V JEFFREY R WEINHAUS

Security Level: I Public

HearinglTrial Cancelled
REQUEST FOR CHANGE OF JUDGE FILED BY STATE. MOTION GRANTED. CASE
TRANSFERED TO DIV I. IIL.JB
Scheduled For: 04-Dec-2012: 10:00 AM: I. I. LAMKE: Setting: 0: Franklin County

Motion GrantedlSustained
MOTION FOR CHANGE OF JUDGE GRANTED. CASE TRANSFERED TO DIV I. IILJJB
07-Dec-2012

Judge Assigned
CASE ASSIGNED TO DIV I

GDW

Arraignment Scheduled
Scheduled For: 08-Jan-2013; 9:00 AM: GAEL D. WOOD; Setting: 0; Franklin County
ARRAIGNMENT
18-Dec-2012

Motion Filed
MOTION FOR BILL OF PARTICULARS

Filed By: ROSS T MUTRUX


Motion for Discovery
Filed By: ROSS T MUTRUX
Motion Filed
MOTION TO MODIFY BOND

27-Dec-2012

Filed By: ROSS T MUTRUX


07-Jan-2013
Motion Denied
Criminal Motion Hearing Sched
Scheduled For: 27-Dec-2012; 10:00 AM; GAEL D. WOOD; Setting: 0; Franklin County
DEFTS MOTION FOR BOND MODIFICATION
Hearing Held
DEFENDANT IN PERSON, IN CUSTODY, AND WITH COUNSEL ROSS MUTRUX.
STATE BY APA
BRIANNE BARR. ARGUMENT HEARD. BOND REDUCED TO $50,000, CASH ONLY.
CASE
CONTINUED TO 01/02/13 @11 A.M. FOR FURTHER ARGUMENT. GDW/RK
Scheduled For: 27-Dec-2012: 10:00 AM; GAEL D. WOOD: Setting: 0; Franklin County
DEFTS MOTION FOR BOND MODIFICATION
Bond Set
BOND REDUCED TO $50,000 CASH ONLY GDW/RK
Bond Reduction Hrng Scheduled
Scheduled For: 02-Jan-2013: 11:00AM: GAEL D WOOD: Setting: 0. Franklin County
FURTHER ARGUMENT
Notice
FOR 12/27/12

02-Jan-2013

1OA.M

RK

Cause Taken Under Advisement


CASE CALLED FOR FURTHER ARGUMENT ON DEFTS MOTION FOR BOND MODIFICAT
ION.
STATE APPEARS BY PA PARKS, DEFT APPEARS IN CUSTODY AND BYATTY
MUTRUX. DEFT
PRESENTS EVIDENCE. STATE PRESENTS EVIDENCE. MOTION TAKEN
UNDER
ADVISEMENT, CASE SET FOR 3-DAY JURY TRIAL ON 4/30/1 3, SETTING #1.
GDW/cw
Scheduled For: 02-Jan-201 3. 1100 AM: GAEL D. WOOD: Setting: 0: Franklin
County
FURTHER ARGUMENT

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time

Page

06Feb-2014
9 4859AM
5

Case continued from previous page.

12A8-CR02409-O1
02-Jan-201 3

ST V JEFFREY R WEINHAUS

Security Level: I Public

Hearing/Trial Cancelled
Scheduled For: 08-Jan-2013 900 AM: GAEL D. WOOD: Setting: 0, Franklin County
AR RAI C NM E NT
Jury Trial Scheduled
Scheduled For:30-Apr-2013: 9:00 AM: GAEL D. WOOD: Setting: 1: Franklin County: Length:
3 Days

07-Jan-2013

Motion Denied
REQUEST FOR FURTHER BOND MODIFICATION DENIED. GDW/Cw

Waiver of Formal Arraignment


JudgelClerk
13-Jan-2013

Note

Request Filed
APPELLANTS REQUEST FOR PREPARATION OF THE LEGAL FILE & TRANSCRIPT,
FILED.

Filed By: AMY M BARTHOLOW

31-Jan-2013

Filing:
ENDORSEMENT OF WITNESS

Filed By: ROBERT E PARKS


Filing:
SUPPLEMENTAL ANSWER TO DISCOVERY

06-Feb-2013

Subpoena Served
SGT H. FOLSOM

07-Feb-2013

Criminal Motion Hearing Sched


Scheduled For: 14-Feb-2013: 3:00 PM: GAEL D. WOOD: Setting: 0: Franklin County
MOTION TO WITHDRAW

11-Feb-2013

Motion for Leave


TO WITHDRAW AS COUNSEL
Filed By: ROSS T MUTRUX
Motion to Withdraw
Filed By: ROSS T MUTRUX
Notice of Hearing Filed
FOR 2/14/13 t 3:00 PM

Filed By: ROSS T MUTRUX


13-Feb-2013

Entry of Appearance Filed


Filed By: JEFFREY R WEINHAUS

Motion to Dismiss
Filed By: JEFFREY R WEINHAUS

Request for Speedy Trial Filed


Filed By: JEFFREY R WEINHAUS

Motion Filed
MOTION FOR SURETY BOND
Filed By: JEFFREY R WEINHAUS

Motion for Summary Judgment

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time.
Page

06-Feb-2014
9 48 59AM
6

Case continued from previous page.

I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

Filed By: JEFFREY R WEINHAUS


Notice of Hearing Filed
FOR 2/14/13
Filed By: JEFFREY R WEINHAUS
14-Feb-2013

Motion Filed
MOTION FOR EVIDENTIARY HEARING ON BOND REDUCTION AND NOTICE OF HEARING
Filed By: ROBERT E PARKS
Criminal Motion Hearing Sched
Scheduled For: 21-Feb-2013; 9:00 AM: GAEL D. WOOD: Setting: 1: Franklin County
MOTIONS
Hearing Held
STATE APPEARS BY PA PARKS, DEFT APPEARS IN CUSTODY AND BYATTY MUTRUX. ATTY
MUTRUXS MOTION TO WITHDRAW IS GRANTED. ARGUMENTS HEARD ON DEFTS MOTION
FOR SURETY BOND. MOTION TAKEN UNDER ADVISEMENT. GDW/cw
Scheduled For: 14-Feb-2013; 3:00 PM; GAEL D. WOOD; Setting: 0; Franklin County
MOTION TO WITHDRAW
JudgelClerk Note
-

19-Feb-2013

Motion Filed
MOTION TO PROCEED UNDER SUPREME COURT RULE 16
Filed By: JEFFREY R WEINHAUS
22-Feb-2013
Motion Denied
Amended Motion/Petition Filed
AMENDED MOTION FOR SURETY BOND
Filed By: JEFFREY R WEINHAUS
Amended MotionlPetition Filed
AMENDED MOTION FOR SURETY BOND
Filed By: JEFFREY R WEINHAUS
22-Feb-2013
Motion Denied
Writ Requested
WRIT OF HABEAS CORPUS
Filed By: JEFFREY R WEINHAUS

21-Feb-2013

Hearing Held
STATE APPEARS BY PA PARKS, DEFT APPEARS IN CUSTODY AND WITHOUT COUNSEL.
DEFTS MOTION TO DISMISS IS ARGUED AND DENIED DEFTS MOTION FOR SURETY BOND
IS ARGUED AND TAKEN UNDER ADVISEMENT. DEFTS ORAL MOTION FOR GAG ORDERS IS
SUSTAINED. DEFT IS FORMALLY ARRAIGNED AND PLEADS NOT GUILTY TO ALL COUNTS.
GDW/cw
Scheduled For: 21-Feb-2013: 9:00AM: GAEL D. WOOD: Setting: 1: Franklin County
MOTIONS
Motion for Discovery
Filed By: JEFFREY R WEINHAUS

22-Feb2013

Judge/Clerk

Note

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Date
T me

06-Feb-20 14

CIRCUIT COURT DOCKET SHEET

Page

9.48 59AM

Case continued from previous page.

I2AB-CR02409-O1
22-Feb2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Order
IT IS HEREBY ORDERED AND DECREED THAT ALL COURT PERSONNEL. THE FRANKLIN
COUNTY PROSECUTOR, THE FRANKLIN COUNTY PROSECUTORS STAFF. THE DEFENDANT
AND ATTORNEYS FOR THE DEFENDANT SHALL NOT COMMENT PUBLICLY ON THIS CASE.
THIS ORDER IS SUBJECT TO THE EXCEPTIONS SET FORTH IN MISSOURI SUPREME COURT
RULE 4-3.6.
s/GAEL D WOOD
CC:

PA, DEFT do FCSO

Motion Denied
DEFTS MOTION TO PROCEED UNDER SUPREME COURT RULE 16 IS DENIED. DEFTS
MOTION FOR SURETY BOND IS DENIED. GDW/cw
Judge/Clerk Note
DEFTS EXHIBITS A & B RETURNED TO DEFT AT FCSO
Motion Filed
MOTION TO HEAR HABEAS CORPUS, VACATE DENIAL OF SURETY BOND OR IN
ALTERNATIVE NEW JUDGE
Filed By: JEFFREY R WEINHAUS
-

25-Feb-2013

Correspondence Filed
CORRESPONDENCE ADDRESSED TO JUDGE RECEIVED AND PLACED IN SEALED
ENVELOPE. NOT READ BY JUDGE.
26-Feb-2013

Order
DEFENDANT HEREIN HAS FILED A REQUEST FOR CHANGE OF JUDGE ON FEBRUARY 25,
2013. ALTHOUGH THIS IS NOT TIMELY, THE COURT HEREBY SUSTAINS SAID MOTION IN
CHAMBERS AND THE SUPREME COURT IS REQUESTED TO ASSIGN A JUDGE FROM
OUTSIDE OF THE 20TH, 23RD, 24TH AND 42ND JUDICIAL CIRCUITS TO HEAR ALL FURTHER
PROCEEDINGS IN THIS CASE.
s/GAEL D WOOD
JudgelClerk Note
FILE SENT TO PJ SECRETARY FOR SUPREME COURT ASSIGNMENT
Hearing/Trial Cancelled
Scheduled For:30-Apr-2013 : 900 AM; GAEL D. WOOD: Setting: 1: Franklin County: Length: 3 Days
Hearing/Trial Cancelled
Scheduled For:01-May-2013. 9:00AM: GAEL D WOOD; Setting: 1; Franklin County; Length: 3 Days
HearinglTrial Cancelled
Scheduled For:02-May-2013: 9:00AM; GAEL D. WOOD: Setting: 1: Franklin County: Length: 3 Days
Judge Assigned
SUPREME COURT ASSIGNMENT TO JUDGE KEITH SUTHERLAND. FILED.
JudgelClerk Note
-

06-Mar-2013

07-Mar-2013

Subpoena Served
VALERIE WEINHAUS CHM MATTHEW FOX, PAT CUNNINGHAM, MICK MARUSCHAK, S.
MERTENS, JAMES HOFFMAN. SGT PERRY SMITH, JEFF WHITE
Jury Trial Scheduled

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Tme

06-Feb-2014
9 48 59AM

Page

Case continued from previous page.

I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

Scheduled For:30-Apr-2013 : 9:00 AM: KEITH M SUTHERLAND; Setting: 0: Franklin

County: Length: 3 Days

08-Mar-2013

Pre-trial Conference Scheduled


Scheduled For: 19-Mar-2013; 9:00 AM: KEITH M SUTHERLAND; Setting: 0; Franklin County
Answer Filed
STATES SUPPLEMENTAL ANSWER TO DISCOVERY
Filed By: ROBERT E PARKS
List of Witnesses
ENDORSEMENT OF WITNESS(ES)
Filed By: ROBERT E PARKS

Answer Filed
STATES ANSWER TO DEFENDANTS REQUEST FOR DISCOVERY
Filed By: ROBERT E PARKS
11-Mar-2013

Motion to Dismiss
MOTION TO DISMISS FILED
Filed By: JEFFREY R WEINHAUS
Notice of Hearing Filed
NOTICE FOR HEARING ON DISMISSAL OR ALTERATIVE SURETY BOND
Filed By: JEFFREY R WEINHAUS

15-Mar-2013

Motion Filed
FOR RETURN OF PERSONAL EFFECTS.
Filed By: JEFFREY R WEINHAUS

18-Mar-2013

Motion to Quash
Filed By: JEFFREY R WEINHAUS

19-Mar-2013

Hearing Held
Memorandum Filed
MEMORANDUM ON NON WRITTEN WAIVER OF COUNSEL
Hearing Held
State by PA Robert Parks. Defendant in person and in custody. Case called on record for motions
hearing and pre-trial conference. State requests leave to amend Indictment by interlineation to correct
the body of Count V to read the defendant committed the felony of attempted assault of a law
enforcement officer charged in Count IV (not VI), and to correct the body of Count VII to read the
defendant committed the felony of attempted assault of a law enforcement officer charged in Count VI
(not IV). Leave granted. Court takes up Motion for Return of Personal Effects. Motion granted in
part, as to gold ring; motion denied in part, as to watch. Court takes up Motion to Quash Indictment.
Motion denied. Court takes up Motion to Dismiss. Motion denied. Defendant advised of perils of self
representation. Memorandum on Non-Written Waiver of Counsel filed and copy to each party.
Defendant requests court take up Bond Motion. PA objects. Court allows motion, hears from
defendant and PA, Court leaves bond set at $50,000 cash only and sets $250,000 surety bond. So
Ordered: Is! Keith Sutherland
Scheduled For: 19-Mar-2013: 9:00 AM: KEITH M SUTHERLAND: Setting: 0: Franklin County
JudgelClerk Note
COPY OF LOG SHEET FILED
-

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Tme

CIRCUIT COURT DOCKET SHEET

Page

Date

06-Feb-2014
948 59AM
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Case continued from previous page.

I2AB-CR02409-O1
19-Mar-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Motion to Sever Charges


DEFENDANTS MOTION TO SEVER THE CHARGES FILED
Filed By: JEFFREY R WEINHAUS

Bond Set
Amount of Bond Set $250000 SURETY: OR $50000 CASH ONLY.
-

Stipulation Filed
STIPULATION AS TO INTRODUCTION OF THE TAPE MADE BY DEFENDANTS EX-WIFE INTO
EVIDENCE FILED.

Order
Order to return to defendant or his representative (1) gold ring now in the possession of Troop C
evidence officer: and to retain the Black and Silver Watch in the possession of Troop C evidence
officer (see order). Is! Keith Sutherland

Motion Denied
18-Mar-2013

Motion to Quash

Motion Denied
11-Mar-20 13

Motion to Dismiss

Motion GrantedlSustained
IN PART, RING
15-Mar-2013

Motion Filed

Motion Denied
IN PART, WATCH
15-Mar-2013
20-Mar-2013

Motion Filed

JudgelClerk Note
-

Order
SPECIAL CONDITION OF BOND: GPS MONITORING, IS TO BE COMPLETED WITHIN 24 HOURS
WITH PROOF FILED. SO ORDERED. IS! KEITH M. SUTHERLAND/RK

21-Mar-2013

Criminal Motion Hearing Sched


Scheduled For: 25-Apr-2013, 9:00AM; KEITH M SUTHERLAND; Setting: 0; Franklin County
ALL PENDING (AS OF 04/25) MOTIONS

Answer Filed
STATES SUPPLEMENTAL ANSWER TO DISCOVERY.
Filed By: ROBERT E PARKS

List of Witnesses
ENDORSEMENT OF WITNESS
Filed By: ROBERT E PARKS

Motion for Disclosure


STATES MOTION FOR DISCLOSURE
Filed By: ROBERT E PARKS
01-Apr-2013

Objections Filed
DEFENDANT/VICTIM OBJECTION TO NON WRITTEN WAIVER OF COUNSEL AND MOTION TO
DISMISS. BASED ON DISCOVERY.
Filed By: JEFFREY R WEINHAUS

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date

Time
Page

06Feb2014
9 48 59AM
10

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I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

0l-Apr-2013

List of Witnesses
ENDORSEMENT OF WITNESS
Filed By: JEFFREY R WEINHAUS

19-Apr-2013

Motion for Bond Reduction


REQUEST FOR EMERGENCY BOND REDUCTION HEARING FILED.
Filed By: JEFFREY R WEINHAUS

24-Apr-2013

Motion to Quash
STATES MOTION TO QUASH DEFENDANTS ENDORSED WITNESSES FILED.
Filed By: ROBERT E PARKS
Notice of Hearing Filed
FOR 04/25/13 @9 AM,
Filed By: ROBERT E PARKS

25-Apr-2013

JudgelClerk Note
COPY OF NOTICE OF ENTRY FOR DOCKET ENTRIES OF 04/25/13 TO PA AND DEFENDANT. RK
-

Motion In Limine
STATES MOTION IN LIMINE 1 FILED.
Filed By: ROBERT E PARKS
12-Sep-2013
Order
JudgelClerk

Note

Hearing Held
DEFENDANT IN PERSON AND IN CUSTODY. STATE BY PA ROBERT PARKS. DEFENDANTS
MOTION TO SEVER THE CHARGES ARGUED AND DENIED. DEFENDANTNICTIM OBJECTION
TO NON WRITTEN WAIVER OF COUNSEL AND MOTION TO DISMISS, BASED ON DISCOVERY
ARGUED AND DENIED.
DEFENDANTS REQUEST FOR EMERGENCY BOND REDUCTION HEARING ARGUED AND
DENIED.
STATES MOTION IN LIMINE 1 ARGUED AND GRANTED.
STATES ENDORSEMENT OF WITNESSES GRANTED.
STATES MOTION TO QUASH DEFENDANT ENDORSED WITNESSES GRANTED AS TO THOSE
HIGHLIGHTED IN YELLOW.
COPY OF PROSPECTIVE JURORS QUESTIONNAIRES GIVEN TO PA AND DEFENDANT.
DEFENDANT AND ANYONE ON HIS BEHALF ORDERED NOT TO COMMUNICATE WITH
PROSPECTIVE JURORS PRIOR TO TRIAL IN ANY WAY.
DEFENDANT PROVIDES APPLICATION FOR PUBLIC DEFENDER SERVICES TO COURT.
COURT ORDERS APPLICATION BE DELIVERED TO PUBLIC DEFENDER BY CLERK. COPY OF
APPLICATION FILED UNDER SEAL.
CASE REMAINS SET FOR JURY TRIAL 04/30 THRU 5/2/13. 50 ORDERED: KEITH
SUTHERLAND/RK
Scheduled For: 25-Apr-2013; 9:00 AM; KEITH M SUTHERLAND: Setting: 0; Franklin County
ALL PENDING (AS OF 04/25) MOTIONS
JudgelClerk Note
ORIGINAL APPLICATION AND AFFIDAVIT FOR PUBLIC DEFENDER SERVICES DELIVERED TO
PUBLIC DEFENDERS OFFICE. COPY PLACED IN SEALED ENVELOPE AND FILED
JudgelClerk Note
COPY OF RECORDING LOG FILED.
-

Report: CZR0026

20TH JUDICIAL CIRCUIT

Date

06-Feb-2014

FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

T me

9 48 59AM

Page

Case continued from previous page.

I2AB-CR02409-O1
26-Apr-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Entry of Appearance Filed


Filed By: HUGH A EASTWOOD

Motion for Continuance


DEFENDANTS MOTION FOR TRIAL CONTINUANCE FILED.
Filed By: HUGH A EASTWOOD

26-Apr-201 3

Motion GrantedlSustained

Motion Granted/Sustained
DEFENDANTS MOTION FOR TRIAL CONTINUANCE GRANTED BY CONSENT. CASE PASSED
GENERALLY.
SO ORDERED: KEITH SUTHERLAND!Cw

Hearing/Trial Cancelled
Scheduled For:30-Apr-2013: 9:00 AM; KEITH M SUTHERLAND; Setting: 0: Franklin
County; Length: 3 Days

Hearing/Trial Cancelled
Scheduled For:01-May-2013 ; 9:00AM; KEITH M SUTHERLAND; Setting: 0; Franklin
County; Length: 3 Days
Hearing/Trial Cancelled
Scheduled For:02-May-2013; 9:00 AM; KEITH M SUTHERLAND; Setting: 0: Franklin
County: Length: 3 Days
02-May-2013

Criminal Motion Hearing Sched


Scheduled For: 12-Sep-2013; 9:00 AM; KEITH M SUTHERLAND, Setting: 0, Franklin County

Jury Trial Scheduled


Scheduled For:08-Oct-2013 ; 9:00AM: KEITH M SUTHERLAND: Setting: 0; Franklin
County; Length: 3 Days
3-DAY JURY TRIAL
14-May-2013

Subpoena Served
SGT PERRY SMITH, MSHP

20-May-2013

Subpoena Served
CHM MATTHEW FOX. MSHP CRIME LABORATORY

24-May-2013

Subpoena Served
JEFF WHITE, LAW ENFORCEMENT TRAINING ACADEMY
SGT H FOLSOM, MISSOURI STATE HIGHWAY PATROL
MICK MARUSCHAK
CPL S MERTENS
PAT CUNNINGHAM
SGT H FOLSOM
JEFF WHITE, LAW ENFORCEMENT TRAINING ACADEMY

06-Jun-2013

Notice to Take Deposition


Filed By: HUGH A EASTWOOD

18-Jun-2013

Subpoena Served
JAMES HOFFMAN

23-JuI-2013

Certificate of Service
CERTIFICATE OF SERVICE. NOTICE OF HEARING

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUITCOURTDOCKETSHEET

Date

06-Feb.2014

Time.
Page

9 48 59AM
12

Case continued from previous page.

I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

Filed By: HUGH A EASTWOOD


Motion to Sever Charges
DEFENDANTS SECOND MOTION TO SEVER OFFENSES
Filed By: HUGH A EASTWOOD
06-Aug-20 13

Request for Speedy Trial Filed


VERIFIED ANNOUNCEMENT OF READY AND MOTION FOR SPEEDY TRIAL
Filed By: HUGH A EASTWOOD
Amended MotionlPetition Filed
AMENDED SECOND MOTION TO SEVER OFFENSES
Filed By: HUGH A EASTWOOD
12-Sep-2013
Order
Motion to Dismiss
MOTION TO DISMISS THE CHARGE OF TAMPERING WITH JUDICIAL OFFICER FOR DEFECT IN
THE INSTITUTION OF THE PROSECUTION
Filed By: HUGH A EASTWOOD

20-Aug-2013

Motion for Leave


REQUEST FOR LEAVE TO FILE A SUBSTITUTE INFORMATION IN LIEU OF INDICTMENT
Filed By: ROBERT E PARKS
12-Sep-2013
Order
Notice of Hearing Filed
FOR 09/12/13 @ 9A.M.
Filed By: ROBERT E PARKS

21-Aug-2013

Notice of Hearing Filed


FOR 09/12/13 @ 9 A.M.
Filed By: ROBERT E PARKS
Motion Filed
MOTION TO TAX DEPOSITIONS AS COURT COSTS
Filed By: ROBERT E PARKS

Request Filed
REQUEST FOR MOTION TO TAX DEPOSITIONS AS COURT COSTS
Filed By: ROBERT E PARKS
04-Sep-20 13

Certificate of Service
Filed By: HUGH A EASTWOOD
Notice of Hearing Filed
FOR 09/12/13 c 9A.M.
Filed By: HUGH A EASTWOOD

Suggestions in Opposition
DEFENDANTS OPPOSITION TO STATES MOTION IN LIMINE
Filed By: HUGH A EASTWOOD
Motion In Limine
DEFENDANTS MOTION IN LIMINE/MOTION TO EXCLUDE
Filed By: HUGH A EASTWOOD
12-Sep2013
Order

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUITCOURTDOCKETSHEET

Date.
Lme
Page

06-Feb-20 14
9 48.59AM
13

Case continued from previous page.

I2AB-CR02409-O1
04-Sep-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Motion to Dismiss
DEFENDANTS AMENDED MOTION TO DISMISS THE CHARGE OF TAMPERING WITH JUDICIAL
OFFICER FOR DEFECT IN THE INSTITUTION OF THE PROSECUTION
Filed By: HUGH A EASTWOOD
12-Sep-2013
Order

Affidavit Filed
AFFIDAVIT OF JUDY KROPF
Filed By: HUGH A EASTWOOD
06-Sep-2013

Motion Filed
MOTION TO TAX DEPOSITIONS AS COURT COSTS
Filed By: ROBERT E PARKS
12-Sep-2013
Order

Notice of Hearing Filed


Filed By: ROBERT E PARKS

09-Sep-2013

Exhibit Filed
Exhibit A, Defendants Opposition to States motion in limine; Electronic Filing Certificate of Service.

Filed By: HUGH A EASTWOOD


Filed By: JEFFREY R WEINHAUS
11-Sep-20 13

Certificate of Service
Certificate of Service; Electronic Filing Certificate of Service.

Filed By: HUGH A EASTWOOD


Filed By: JEFFREY R WEINHAUS
12-Sep-2013

Hearing Held
Scheduled For: 12-Sep-2013: 9:00 AM: KEITH M SUTHERLAND: Setting: 0: Franklin County

Substitute Information Filed


Filed By: ROBERT E PARKS
Order
DEFENDANT IS PRESENT IN PERSON, IN CUSTODY AND WITH COUNSEL, HUGH
EASTWOOD. PA ROBERT PARKS IS PRESENT. STATES MOTION TO TAX DEPOSITIONS AS
COURT COSTS HEARD AND GRANTED, DEFENDANTS AMENDED MOTION TO DISMISS THE
CHARGE OF TAMPERING WITH JUDICIAL OFFICER FOR DEFECT IN THE INSTITUTION OF THE
PROSECUTION HEARD AND DENIED. DEFENDANTS AMENDED SECOND MOTION TO SEVER
OFFENSES HEARD AND DENIED. STATES MOTION IN LIMINE 1 (THAT DEFENDANT NOT BE
REFERRED TO AS VICTIM) HEARD AND GRANTED EXCEPT AS TO CLOSING ARGUMENT.
DEFENDANTS MOTION IN LIMINE/MOTION TO EXCLUDE HEARD AND GRANTED IN PART AND
DENIED IN PART: PARA 1 GRANTED, PARA 2 GRANTED, PARA 3 GRANTED FOR SHOOTING
AND OVERRULED FOR SPEECH, PARA 4 OVERRULED, PARA 5 GRANTED, PARA 6 GRANTED
PARA 7 GRANTED. PARA 8 GRANTED. STATE GRANTED LEAVE TO FILE SUBSTITUTE
INFORMATION IN LIEU OF INDICTMENT. SO ORDERED: KEITH SUTHERLAND/RK

Order
GRANTING MOT TO TAX DEPOSITIONS FILED ON 09-06-13

Filing:
RECORDING LOG SHEETS FILED.

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Tme.

06-Feb-2014
948.59AM

Page

14

Case continued from previous page.

I2AB-CR02409-O1
22-Sep-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Motion In Limine
Defendants Second Motion in Limine: Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS

01-Oct-2013

Notice of Hearing Filed


Notice of Hearing; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS

Entry of Appearance Filed


Entry of Appearance; Electronic Filing Certificate of Service.
Filed By: CHRISTOPHER M COMBS
Filed By: JEFFREY R WEINHAUS

Note to Clerk eFiling


Filed By: CHRISTOPHER M COMBS

02-Oct-2013

Judge/Clerk Note
NOTIFIED PA AND DEFENSE COUNSEL THAT MOTION IN LIMINE AND OTHER MOTIONS
NOTICED FOR 10/08/13 @ 9A.M. WILL BE HEARD ON 10/08/13
8:30 A.M. RK
-

Criminal Motion Hearing Sched


Scheduled For: 08-Oct-2013; 8:30 AM; KEITH M SUTHERLAND; Setting: 0; Franklin County
MOTIONS

03-Oct-2013

Notice of Hearing Filed


Notice; Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS

Motion Filed
Motion to tax depositions as court cost; proof of deposition cost; Electronic Filing Certificate of Service.

Filed By: ROBERT E PARKS


04-Oct-2013

Subpoena Requested
Subpoena, Heather R Clarke: Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

Subpoena Requested
Subpoena, Steve Everhart; Electronic Filing Certificate of Service
Filed By: HUGH A EASTWOOD

Subpoena Requested
Subpoena, Marty Leach; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

Subpoena Requested
Subpoena, Jeffrey White; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS

07-Oct-2013

Suggestions in Opposition
Defendants Opposition to State s Motion in Limine 2 Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

Report: CZR0026

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date

06-Feb-2014

Time

948 59AM

Page

15

Case continued from previous page.

I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

Filed By: JEFFREY R WEINHAUS

08-Oct-2013

Motion In Limine
STATES MOTION IN LIMINE 2
Filed By: ROBERT E PARKS

Hearing Held
Sched Wed For: 08-Oct-2013: 8:30 AM; KEITH M SUTHERLAND; Setting: 0: Franklin County
MOTIONS
Jury Trial Conducted
STATE BY PA ROBERT PARKS. DEFENDANT IN PERSON. IN CUSTODY AND WITH COUNSEL
HUGH EASTWOOD AND CHRISTOPHER COMBS. STATES MOTION IN LIMINE 2 FILED,
ARGUED AND DENIED. CASE CALLED FOR JURY TRIAL. VOIR DIRE CONDUCTED. JURY OF
TWELVE MEMBERS AND ONE ALTERNATE EMPANELED. TRIAL BEGAN. COURT RECESSED
AT 5 P.M. FOR EVENING.
Jury Instructions Filed
JudgelClerk Note
JUDGES NOTES
-

09-Oct-2013

Motion for Acquittal


Filed By: HUGH A EASTWOOD
Jury Trial Conducted
8:35 A.M. ALL PARTIES PRESENT AND TRIAL RESUMED. STATE RESTED AND JURY EXCUSED
FOR EVENING AT 4:10PM. AT CONCLUSION OF STATES CASE, DEFENDANT FILED MOTION
FOR JUDGMENT OF ACQUITTAL. MOTION ARGUED AND GRANTED AS TO COUNTS II AND VIII
AND DENIED AS TO COUNTS I. III, IV, V, VI, VII.

10-Oot-2013

Jury Trial Conducted


8:30 A.M. ALL PARTIES PRESENT AND TRIAL RESUMED. DEFENSE RESTED. JURY REMOVED
FOR INSTRUCTION CONFERENCE. DEFENSES MOTION FOR JUDGMENT OF ACQUITTAL
RENEWED AND DENIED AS TO REMAINING COUNTS. INSTRUCTION CONFERENCE
CONDUCTED. JURY SEATED AND INSTRUCTED. CLOSING ARGUMENTS HELD. ALTERNATE
JUROR EXCUSED. JURY RETIRED TO JURY ROOM FOR DELIBERATION AT 10:52 A.M.
VERDICT REACHED AT 2:20 P.M. AS FOLLOWS: GUILTY ON COUNTS I, Ill, IV, V; NOT GUILTY
ON COUNTS VI AND VII. JURY POLLED. JURY REMOVED FOR INSTRUCTION CONFERENCE
CONFERENCE HELD. JURY SEATED AND INSTRUCTED. SENTENCING STATEMENTS MADE
BY PA PARKS AND ADFT EASTWOOD, JURY RETIRED TO JURY ROOM FOR DELIBERATION
AT 3:20 P.M VERDICT REACHED AT 4:44 P.M AS TO SENTENCING: COUNT I: 2 YRS DOC.
COUNT III: 1 YR FRANKLIN COUNTY JAIL: COUNT IV: 30 YEARS DOC: COUNT V 30 YEARS
DOC. ALL VERDICTS ORDERED FILED JURY THANKED AND EXCUSED
>

> AT EACH BREAK DURING TRIAL, JURY INSTRUCTED PRIOR TO LEAVING COURTROOM.
SAR ORDERED. SENTENCING HEARING SCHEDULED FOR 11/25/13 @ 9:30 AM.
DEFENDANT GRANTED ADDITIONAL 10 DAYS FOR FILING MOTION FOR NEW TRIAL.

>

>

> SO ORDERED KEITH M. SUTHERLAND

Jury Verdict Guilty


-

Questions to Judge from Jury

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Date:

O&-Feb-2014

Time

CIRCUITCOURTDOCKETSHEET

Page:

9:48 59AM
16

Case continued from previous page.

I2AB-CR02409-O1
10-Oct-2013
11-Oct-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Sent Assessment Report Ordered


Sentencing Hearing Scheduled
Scheduled For: 25-Nov-2013; 9:30 AM; KEITH M SUTHERLAND; Setting: 0; Franklin County
MOTIONS/SENTENCING

16-Oct-2013

Motion for New Trial


Filed By: JEFFREY R WEINHAUS
25-Nov-2013
Motion Denied

29-Oct-20 13

Notice
notice; Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS

Motion Filed
motion to tax depositions as court costs; deposition cost; Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS
25-Nov-20 13
Motion Granted/Sustained

Motion for New Trial


Defendant s Motion for New Trial; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

25-Nov-2013

Motion Denied

Motion for Acquittal


Defendant s Second Motion for Acquittal; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

25-Nov-2013

Motion Denied

Notice of Hearing Filed


Notice of Hearing; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS
30-Oct-2013

Motion Filed
Defendants Motion to Tax Depositions as Court Costs, and Other Court Costs: Ex A, Deposition Court
Reporter Costs: Ex B. Clarke subpoena service fee: Ex C, Leach and Everhart subpoena service fees:
Ex D, White subpoena service fee: Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS
25-Nov-201 3
Motion Granted/Sustained

01-Nov-2013

Notice of Hearing Filed


notice, Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS

08-Nov-2013

Notice of Hearing Filed


notice, Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS

Motion Filed
States motion to forfeit weapon: Electronic Filing Certificate of Service.
Filed By: ROBERT E PARKS
25 Nov-2013
Motion GrantedlSustained

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY
CIRCUIT COURT DOCKET SHEET

Date
Time

06-Feb-2014
948 59AM

Page

17

Case continued from previous page.

I2AB-CR02409-O1
15-Nov-2013

ST V JEFFREY R WEINHAUS

Security Level: I Public

Response Filed
Defendant s Memorandum in Opposition to State s Motion to Forfeit Weapon; Exhibit A Affidavit of
Judy Kropf; Ex B Receipt: Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS
-

Suggestions Filed
Defendant s Supplemental Suggestions of Law in support of each of his original, renewed & second
motions for judgment of acquittal; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

Filed By: JEFFREY R WEINHAUS


22-Nov-2013

Sent Assessment Report Filed

25-Nov-2013

Motion Denied
DEFENDANTS MOTION FOR NEW TRIAL DENIED. KMS
Motion Granted!Sustained
ALL MOTIONS TO TAX DEPOSITIONS AS COURT COSTS GRANTED. KMS
Motion Denied
DEFENDANTS SECOND MOTION FOR ACQUITTAL DENIED. KMS
Motion GrantedlSustained
STATES MOTION TO FORFEIT WEAPON GRANTED, FORFEITURE STAYED PENDING APPEAL
AND POST CONVICTION RELIEF PROCESSES. KMS
Defendant Sentenced
DEFENDANT IN CUSTODY, IN PERSON AND WITH COUNSEL HUGH EASTWOOD AND
CHRISTOPHER COMBS. STATE BY PA ROBERT PARKS. ALLOCUTION GRANTED. COUNT I:
2 YRS DOC; COUNT III: 1 YR COUNTY JAIL; COUNT IV: 30 YRS DOC; COUNT Vs 30 YRS DOC,
ALL CONCURRENT. CC/CVF. 29.15/24.035 ADVISED AND NO PROBABLE CAUSE FOUND. SO
ORDERED: KEITH M. SUTHERLAND
Judgment CVC Entered
Judgment Against: JEFFREY WEINHAUS; Amount: $68.00: Satisfied Date:
Judgment Entered
COURT COSTS
Judgment Against: JEFFREY WEINHAUS; Amount: $20,006.25; Satisfied Date:
Transfer Filed
Commitment report: Electronic Filing Certificate of Service
Filed By: ROBERT E PARKS

26-Nov-2013

Record of Traffic Disp Issued


The Traffic Disposition was sent electronically to DOR and MSHP for charge number 3 violation
3245700 Possession Of Up To 35 Grams Marijuana. The charge was disposed as Jury Verdict-Guilty
-

Record of Traffic Disp Issued


The Traffic Disposition was sent electronically to DOR and MSHP for charge number 1 violation
3245000 Possession Of Controlled Substance Except 35 Grams Or Less Of Marijuana. The charge
was disposed as Jury Verdict-Guilty
-

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Date

06-Feb.2014

Time

CIRCUITCOURTDOCKETSHEET

Page

9.48 59AM
18

Case continued from previous page.

12A8-CR02409-O1
27-Nov-20 13

ST V JEFFREY R WEINHAUS

Security Level: I Public

Notice of Appeal Filed


Notice of Appeal form no 8-A: Criminal Case Information Form E D Local Rule 300: Judgment:
Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS

03-Dec-2013

Motion Filed
MOTION FOR RETURN OF PROPERTY OR EVIDENCE
Filed By: ROBERT E PARKS

05-Dec-20 13
23-Jan-2014
05-Dec-2013

Motion Granted!Sustained
Motion Granted/Sustained

Ord Allow In Forma Pauperis


Defendant granted leave to appeal in forma pauperis. s/Keith Sutherland via email
Filed By: KEITH M SUTHERLAND
Motion GrantedlSustained
MOTION FOR RETURN OF PROPERTY OR EVIDENCE GRANTED. SO ORDERED: KEITH M.
SUTHERLAND

09-Dec-2013

Certificate of Mailing
NOTICE OF APPEAL, CRIIMINAL CASE INFORMATION FORM, PAUPERIS ORDER. & COPY OF
JUDGMENT MAILED TO THE MISSOURI COURT OF APPEALS, TO ROBERT PARKS AND
NOTICE OF ENTRY TO HUGH EASTWOOD.

Motion for Apptmnt of Counsel


Defendants Motion for Appointment of Counsel; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
1 0-Dec-201 3
Motion GrantedlSustained

Memorandum Filed
Defendant-Appellants Statement of his Status; Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD

Motion to Withdraw
Motion to Withdraw: Electronic Filing Certificate of Service.
Filed By: HUGH A EASTWOOD
Filed By: JEFFREY R WEINHAUS
1 0-Dec-201 3

Motion GrantedlSustained
MOTION FOR APPOINTMENT OF COUNSEL GRANTED. PUBLIC DEFENDER APPOINTED SO
ORDERED KEITH SUTHERLAND

16-Dec-2013

Receipt Filed
MISSOURI COURT OF APPEALS-EASTERN DISTRICT ACKNOWLEDGEMENT OF NOTICE OF
APPEAL, FILING
APPEALS COURT CASE NO ED100807.

23-Dec-2013

Correspondence Filed
Letter to clerk, received & scanned.
Filed By: JEFFREY R WEINHAUS

24-Dec-201 3

Certificate of Mailing
Notice of 12/23/13 correspondence. filing to Defendant.

Report: CZROO26

20TH JUDICIAL CIRCUIT


FRANKLIN COUNTY

Tme.

CIRCUIT COURT DOCKET SHEET

Page

Date.

C6-Feb-2014
948 59AM
19

Case continued from previous page.

I2AB-CR02409-O1

ST V JEFFREY R WEINHAUS

Security Level: I Public

13-Jan-2014

Judge/Clerk Note

17-Jan-2014

JudgelClerk Note
STATES EXHIBITS #1 AND #2 FROM MOTION HEARING ON 02/21/13 RETURNED TO
PROSECUTOR.

23-Jan-2014

Motion GrantedlSustained
ORDER GRANTING REQUEST FOR DISPOSAL OF PROPERTY OR EVIDENCE RECEIVED FROM
JUDGE SUTHERLAND. (THIS MOTION ORIGINALLY GRANTED ON 12/05/2013.)

28-Jan-20 14

Judge/Clerk Note
-

COPY OF ORDER GRANTING REQUEST FOR DISPOSAL OF PROERTY OR EVIDENCE MAILED


TO SGT. VOLKMER AT MSHP, TROOP I, P 0 BOX 128. ROLLA MO 65402,

06-Feb-20 14

Judge/Clerk Note
-

LEGAL FILE COPIED, COMPILED CERTIFIED AND MAILED TO, AMY BARTHOLOW, MISSOURI
PUBLIC DEFENDERS OFFICE, APPELLATE DIVISION, WOODRAIL CENTRE, 1000W NIFONG
BUILDING 7, SUITE 100, COLUMBIA, MO 65203

IN I I IF Cli

UI I COt RI OF FIlE COUNTY OF FRANKLIN

SIAIF,OI MISSOURI
STM F OF MISSOURI.
Plaintiff.

VS
JEFFERY R WEINHAUS
White/Male DOB: 10/06/1966
SSN: 486-80-3880
2360 Highway K
Saint Clair, MO 63077
Defendan

l2\B-CR02409
Division No. II
OCN:
PA File No. 071131707

Cause No.

I
I

2
NO
INDIC FMENF

Q?.
I

820,2
r-.

lhe Grand Jurors of the Count .fFra-..1in, State of Missouri, charge that:
COUNT I CLASS C Fl.LONY POSSESSION OF A CONTROLLED SUBSTANCE
Charge Code Number: 3245022

The defendant, in violation of Sction 195.202, RSMo, committed the class C felony of possession of a controlled
1 S.ctions 558.011 and 560.01 1, RSMo, in that on or about August 22,
substance, punishable upon corn .tio
the defendant possessed Morphine, a controlled substance, knowing
20 12, in the County of Franklin. State
of its presence and nature.
COIJNT II ( LASS

FF ONY TAMPERING WITH JUIMCIAL OFFICER


Charge Code Number: 2921706

The defendant, in violation of SLeoo (5,( I RSMo, committed the class C felony of tampering with ajudicial
officer, punishable upon conviction uncr SeLtions 558.011 and 560.011, RSMo, in that on or about August 17, 2012,
r c defendant, with purpose to harass or intimidate Judge Kelly Parker, a
in the County of Franklin, State fMi
1 officers official duties, tampered with the judicial officer by
performar
judicial officer, in the
f-
I
r
for treason.
J
execute
and
threatening to try
.

COUNT III CLASS A MIS EMI:ANOR POSSESSION OF UP TO 35 GRAMS MARIJUANA


e Code Number: 3245762

The defendant, in violation of S etron S2( RSMo, committed the class A misdemeanor of possession of a
i under Sections 558.011 and 560.0 16, RSMo, in that on or about
controlled substance, pun ishab F
of Missoun, the defendant possessed marijuana, a controlled
i.
August 22, 2012. in the County lr
substance, knowing of its prse1.
.

COUNT IV CLASS

fhe defendant, in vrolation of I e d


of assault of a law enforcement ffm
that on or about September 1
officer, the defendant kne Sot
physical injury to him. b sho

1PT ASSUALI 1ST 1)E(;REE ON LAW ENFORCEMENT


OFFICER,
Number: 1310099
(ode
g

iolation ofSection 565.081.1, RSMo, committed the class A felony


degree punishable upon conviction under Section 558.011. RSMo. in
v of Franklin, State of Missouri, Sgt Folsom as a law enforcement
enforcement officer and attempted to kill or to cause serious

SS U ARMED CRIMINAL ACTION


C e Code Number: 3101099
I he defendant, in violation of S
upon conviction under Section
State of Missouri. the defeadani
Count. all allega ions at v h
6lony of attempted aauit l
deadly weapon.

1)

WI ASSUAL1 1ST DEGREE ON LAW ENFORCEMENT


OFFICER,
ocCodeNumber: 1310099

COUNT VI CLASS A F

iolation of Section 565.081 1. RSMo. committed the class A felony


degree punishable upon conviction under Section 558.011. RSMo. in
v of Franklin, State of Missouri, Cpl Mertens was a law enforcement
enforcement officer and attempted to kill or to cause serious

I he defendant, in violation of
of assault of a la enfareinent
that on or about Sepihr I
officer, the defendai
physical injury to him, by shoe:

55 U ARMED CRIMINAL ACTION


e Code Number: 3 101099

The defendant, in violation of S


upon conviction und ecti ,n
State of Missouri, th I Te:, n.
s a!
Count4 all allep
2
felony of attempte
deadly weapon.

COUNT VIII CLASS 1)

The defendant, in violation ofS


upon conviction un r 5
ir
Franklin, State of
a
defendant possessi
officers were mat:
arrest of defendant
-

A FRUL Bil I

SMo, committed the felony of armed criminal action, punishable


in that on or about September Il. 2012, in the county of Franklin.
Ofl\ of attempted assault of a law enforcement officer charged in
d herein by reference, and the defendant committed the foregoing
officer by, with and through, the knowing use, assistance and aid at a

lie

SMo. committed the felony of armed criminal action, punishable


in that on or about September 11, 2012, in the county of Franklin.
any of attempted assault of a law enforcement officer charged in
.1 herein by reference, and the defendant committed the foregoing
dficer by, with and through. the knowing use, assistance and aid of a
FING OR INTERFERING WITH ARREST FOR A FELONY
e ( ode Number: 2702099

SMo, committed the class I) felony of resisting an arrest, punishable


011, RSMo, in that on or about September II, 2012, in the county of
lertens, law enforcement officers, were making an arrest of for
d the defendant knew or reasonably should have known that the
c of preventing the officers from effecting the arrest, resisted the
se of violence or physical force.

I 13ill

isiant) Prosecuting Attorrie

F oreman

As a condition of release for d

et in the amount of$

2- S

C4S4

-5
4

Judge
STA FE WITNESSES:
SGY II. Folsom, Missoun State High
Kelly Parker

In

tdqudrters. Rolla, MO 65402

l\ El IF ( IRCUII COUR I OF I IlL C0 N I


Sl A I L 01 MISSOURI
SIAI[OFMISSOLRI,
Plaintill.
VS

)
)

JI:I1LRY R Vv UNIIAUS
Vhite/Male DOB: 10/06/1966
SSN: 486-803880
Defendant.

01 FRANKLIN

Cause No.
I 2ARCR0409-0l
Diision No.1
Judge: St
OCN:
PA File No. 0711U707

)
)

)
)

cr
,

BILL n

SUBSEIFt IF INFORMA liON


IN LILU 01 INDICTMENI

M1SSoU

1 he Prosecuting Attorney in the Count\ of FrankliH, State of Missouri, charges that:


COUNT 1 CLASS C FELONY POSSESSION OF A CONTROLLED SUBSTANCE
Charge Code Number: 3245022

Fhe defendant, in violation of Section 195.202. RSMo, committed the class C felony of possession of a
controlled substance, punishable upon conviction under Sections 558.011 and 560.011, RSMo. in that on or
about August 22. 2012, in the County of Iranklin. State of Missouri. the defendant possessed Morphine, a
controlled substance. knowing of its presence and nature.
COUNT II CLASS C FELONY IAMPERING WITH JUI)ICJAL OFFICER
C1iarg Code Number: 2921706

The defendant, in violation of Section 565.084, RSMo, committed the class C felony of tampering with a
judicial officer, punishable upon conviction under Sections 558.011 and 560.011, RSMo, in that on or about
August 17, 2012. in the County of Franklin, State of Missouri, the defendant, with purpose to harass or
intimidate Judge Kelly Parker. ajudicial officer, in the perfbmiance of the judicial officers official duties.
tampered with the judicial officer by threatening to try and execute the Judge Kelly Parker for treason.
COUNT 111 CLASS A MISDEMEANOR POSSFSSION OF UP TO 35 GRAMS MARIJUANA
(barge Code Number: 3245762

Ihe defendant, in violation of Section 195.202, RSMo, committed the class A misdemeanor of possession of a
controlled substance, punishable upon conviction under Sections 558.011 and 560.0 16. RSMo. in that on or
about August 22, 2012. in the County of Franklin. State of Missouri, the defendant possessed marijuana, a
controlled substance, knowing of its presence and nature.
COUNT IV CLASS A FELONY A [TEMPT ASSUALT 1ST 1)EGREI: ON LAW ENFORCEMENT OFFICER
(barge Code Number: 1310099
the defendant, in violation ot Section 565,081 1. RSMo, committed the class A felony of attempted assault of a
law enforcement officer in the first degree punishable upon coniction under Section 558.011. RSMo. in that
on or about September 11. 2012. in the County of Franklin. State of Missouri. Sgt Folsom was a lass
enfbrcenient officer, the defendant knev. Sg. Folsom sas a lass enforcement officer and atiempted to kill or
to cause serious physical injury to him. b trying to draw a weapon to shoot at Sgt lolsorn.

COIL NT V (lASS U ARMED CRIMINAL ACTION


( barge Code Number 3101099
The defendant. in iolationof Section 571.015, RSMo. committed the felony of armed criminal action,
punishable upon conviction under Section 571.015,1, RSMo, in that on or about September 11,2012, in the
county of Franklin. State of Missouri, the defendant committed the felony of attempted assault of a law
enforcement officer charged in Count Fv. all allegations of which are incorporated herein by reference, and
the defendant committed the fbregoing felony of attempted assault of a law enforcement officer by, with and
through, the knowing use, assistance and aid of a deadly weapon.
COUNT VI CLASS A FELONY ATTEMP I ASSUALT I Si I)E(;REE ON LA4 ENFORCEMENT
OFFICER,
Charge Code Number: 1310099
The defendant, in violation of Section 565.081 .1, RSMo, committed the class A felony of assault of a law enforcement
officer in the first degree punishable upon conviction under Section 558.011, RSMo, in that on or about September 11.
2012, in the County of Franklin, State of Missouri, Cpl Mertens was a law enforcement officer, the defendant
knew Cpl Mertens was a law enforcement officer and attempted to kill or to cause serious physical injury to him, by
trying to draw a weapon to shoot at Cpl Mertens,
COUNT VII CLASS U ARMED CRIMINAL ACTION
Charge Code Number: 3101099

The defendant, in violation of Section 571.015, RSMo, committed the felony of armed criminal action,
punishable upon conviction under Section 571.015.1, RSMo, in that on or about September 11, 2012. in the
county of Franklin, State of Missouri, the defendant committed the felony of attempted assault of a law
enforcement officer charged in Count VI, all allegations of which are incorporated herein by reference, and
the defendant committed the foregoing ftlony of attempted assault of a law enforcement officer by. with and
through, the knowing use, assistance and aid of a deadly weapon.
COUNT VIII CLASS D FELONY RESISTING OR INTERFERING WiTH ARREST FOR A FELONY
Charge Code Number: 2702099
The defendant, in violation of Section 575.1 50, RSMo, committed the class I) felony of resisting an arrest,
punishable upon conviction under Sections 558.011 and 560.011. RSMo, in that on or about September 11,
2012, in the county of Franklin, State of Missouri, Sgt Folsom and Cpl Mertens, law enforcement officers,
were making an arrest of for defendant possession of a controlled substance and the defendant knew or
reasonably should have known that the officers were making an arrest. and. for the purpose of preventing the
officers from effecting the arrest, resisted the arrest of defendant by using or threatening the use of violence
or physical force.
ROI3ER I L PARKS
Prosecuting Attorney
of the County of Franklin,
State of Missouri, by
Is! Robert I. Parks
Robert E Parks 6333
Prosecuting Attorney

ST\TE WI fNESSES:
Pat (unnmgharn. 1400 Independence Drke. Suite 1102. RoHa .M()
Mike Maruschak. 1400 Independence Drie. Suite 1402. Rolla. Mo
Sarah Eerhart.
SGT H Folsom. Missouri State Highway Patrol. I roop I Headquarters. Roila. MO 6402
(I IM \4anhe Fox. MSI IP ( rime Laborator. 151(1 Fast Nm Street. Jefferson Cit... MO) 65 101
Phil Gregor.
James Hoffinan. 1616 Oak knoll. Saint (lair. MO 63077
S. Mertens. Troop I Headquarters. Rolla. Mo 65402
KelI Parker.
SG1 Perry Smith, Missouri State Highway Patrol. 891 Technology Drive, Saint Charles, MO 63304
Valerie Weinhaus, 711 S. Osteopathy, Kirksville. MO 63501
Jeff White, P.O. Box 568, Jefferson City. MO 65102

TN fl-IF CIRC[i I CDL 1<1 01 IRANKIIN COLN I Y. S I A Ii OF

15501 RI

FILED

State of MissourL

DECi

Cause No. I2:\-CR024tP?

is.

BILL ft MILLER

Jeffrey Weinhaus,

Judge. (ael \k oud

Defendant.
R1.Qt [:51 FOR I)ISCOVER\
COMES NO\V de6.mdunt. b and through counsel. pursuaii:

to

Rules 1

ti

and

25.04 \lo.R.Crim,P. and Section 505.032 RSMo (1986). and requests the lollowing
within ten (10) days and or throughout the duration of this cause.
1. The names and last knon addresses of persons whom the State intends to call us
witnesses at any hearin or at the trial, together with their riiten or recorded
statements, and existing neinuranda reporting or

sumniariy.tng

part of all

of

their oral

statements.
2

Should the defendant notify the State of its intent to rely upon the defenses of mental
disease or delect pursuaii to Section 552.030 RSMo or alibi, the defendant
specifically requests the names and addresses of all witiiecses the State intends o call
as rebuttal witnesses, together with any written memoranda ol their statements.
Wardiusv. Oregon. .112 .S. 470. 93 S.Ct, 2208. 37 L.Fd.2d 82 (I 973) State v.
Curtis. 544 S.W Jd 580 (Mo bane 1976).

3. Any writlen or rccordeu

a enients and the substance of

a e:JenLm;irt a list of all witncsse

the defendant or

any

to

oral tatenients made h

tIme mnakirme. md a

all mtnesse to :ue aekmi ledonieni. or such statements, and lust Lno n addicses of
such witnesses

fhose portions
the offense

umi\ existing transcript of the grand jun proceedings shich relate to

ith

hm

tondant is chanced, containing testmnmorm\ of the defmxluni or

testimon> or pen

ad

lie pret minar> hearing of an> prior trial held in the

5 An> existing trw cr.


.

detendanfs ease .fx

the State intends to call as sitneses at a hearing r tria.

I1

has such in it pocsession ox if cacli

.:t

1%

available

ti

tli,

State.
f experts. made in connection sith tile particulax case.

6 An> reports or si w,..:n

at or mental examinations and (It scientific tests.

including results e. I
experiments ore

xt; ..n

7. An> books, papta documents, photographs or objects which the State intends to

introduce into e iuc. e . the hearing or trial, or which sere obtained from or belong
to the defendant
8. An> record ol whir cn.:.i1 convictions of persons the State intends to call as

wtnesses at a hLarin. or nat.


9. A written statement bj crnnsel for the State setting forth the facts relating to the time,
g any photographic or electronic surveillance relating to the
11
place. and persons in.iki

offense with wWcli;


10. An> material or :n

tends to negate le
degree of the olCe:
ll.Allitemssetcn

possession ox

12 1 he statements

comiection

ssit!.

presenti> intent
13. ibe meinoranit.. o.

an person tnt

fendant is charged
on. n ithin

the possession

or

control of the State. ss hich

dekndant as to the oflcnse charged, mitigate the

. J

cuarged. ox reduce the punishment.


..regomg paragraphs which are known to the State to be in the

t..:r gin ernment personnel.

ins s ho ha e been inters iewed in


t

matter LII

this

in agent of

the State in

cause anJ sl,oni the State doc not

,ttnal
.aries of an oral statement nude to an apent of the State 1y
ith the subject matter of this cause whether or not

cr2-i

C
a. th si

it

1 nt.

in writing. Iia been signed or approted I> the

I;)

l th:

at

relates to the proposed suhiect matter of the di:ect


the nitnes at trial.

or memoranda or recoadings olan> oral statement pertinent

14. The statements l


to the subject rnt:x

.in

case whether or not made to an agent of the State

.nt% or statements used I> the State during the in e%tigation

15. An) memoranda.


of this case.

fall rersons who ma ha e some kiiowledge of the faetc

16. The names and .u


of the present ca:e
17. All reports and

rat.

connection with :1 e
18. All reports. mci

..m.Ja prepared on behalf of the State or otherwise used in


.c. .amgation
i

of this case.

and any other data in the handc of the State and its agents in

regard to defenc ant.


19.PursuanttoRS
circumstances t
material or inib
prosecution

anti

in general duria
20. 4ny material ii
the mitigating t
2l.lhenamcf.ant.
haung inform.
22. Statements of
to the detendi

5. notice of all statutor> and non statutory aggravating


Won will rely upon if the death penalty is sought. and an)
thin the possession or control of the State which the
as e idence of all aggraatmg circumstances or as et idence
.alts phase In this cause
on within the possession or control of the State relating to
ccx of RSMo 56.032 (1986)
oh reraons known to the State or

IdA

t arenties
aen
1
enfo
n

ig t tnt mitiating circuni Lance Of RSMo c5


I Ot

jj)I

(l98(;;

person% which were shown, read. pla>ed. or paraphrased

of
ns interrogation or interview conducted b> any member

.Lb

any 1av enc.o


23 Current or most

agencies, of ill p
24 Copies of hook ii
agencies reiatin.
25. All press reiLa4.,
defendant, this c
26. Copies of all 911
call fbr assisranc

esses and telephone numbers, kriossri to lass cnfhrcenicnt


r\ ieed in the couise of the ins esnation of he inLidOnt
ic

defendant prepared h ails lass colorcemeiit

ondant this case, the incident, or the ins estigation.


m an ia\4 enforcement agencies relating to the
dent, or the insestigation.

I other police radio calls or dispatches reflecting the initial


iough those retlccting the arrest of the delndailt

son Mutrux. #63 117


\ttorney for

Defendant

1717 Park \veflue


St. Louis. MO 63104
p: 314-270-2273
f: 314-884-4333
I son a Arch I )eieiidcr.coni

IRTIFICATE OF SERVICE
The un I rsi
was sent LS. M alt
S. Church St., P

certifies that a true and accurate cops of the foregoing


arks. iranklin County Prosecuting /\ttorne s Office
n Mo 63084, on this

IN

FILED
DEC 18 2012

(((TI COt Ri OF FRAN KlJ% G)t \ I \


Si All OF MISSOL RI

D.C.

State of Missouri.
)
)

Cause No 12A13-CR02409

Jeffrey Weinhaus.
Defendant
)N FOR BILL OF PARTICULARS
Comes nos Dc:

y and through his attorney, and moves this court pursuant to the

of Rule 23.o

uri Supreme Court Rules for an order directing the Prosecutinp

provisions

Attorney to file a 13111 c


particulars of the ofkm
and avoid being placed

an

which sets forth sufficient facts to athise Defendant of the

in order for I)efendant to sufficiently prepare for his defink.e


purd>

1. Defcndantisch

ndictment with one count of Felony Possession of a Controlled

Substance (Cou:

count of Felony Tampering with a Judicial Officer (Count lb.

one count of M

w Possession of up to 35 Grams of Marijuana (Count III;. two

counts of Atten

wit

counts of Arinec

Action (Counts V and VII). and one count of Felony Resisting

Arrest or Interfe
2. The Indictment
adequate., prep

on

Law Enforcement Officer (Counts IV and VIj,

two

krrest br a Felony (Count VIIB.


,ulvise the Defendant of sufficient facts

to

enable him

to

iinse and instead alleges the legal conclusions that l)efendant

engaged in tl

1
3. From the

t.mc

acts DeIk.au

areallcs1 ..i.

lnent.

)efendant is unable to detennine. ( I I what illegal

ha.. comnutted: (2) the locations where


.d: ji and liv., date

Page 1 ol

on

wine

att

or

ol thoe acts

wh
c
1
h those acts arc allepcd to bane

occurrel. 1

e deficiencies Defendant is unahit to ins.estigdte ox prepare a

legal a.J x.,_..

4. AstoCo U

the a!leged charges.

requests the prosecution to proiide the following inlormation

a.

iniation of the date and time of occurrence as is pos%ible.

h. lnc!.

t,e*. of each incident:

Ia

5. As to th:

ts that resulted in the allegation of Felon> I ampering with a

unts IV-VIIL, Defendant requests the prosecution to pros ide

the follow inj

i.

a. :fl c:.

at
b.

zan

\l

ii

C.

specific

ni

ol the actions taken In deliiaain that resulted in the

ins IV-VIlI.

e allegations in Counts IV-VIII:


i

6. Defense coulbe
from the

..

of each incident

in opportunit> to review discovery and it is impossible to relate

.iis presented speeifical1 what counts are referenced and the


.onstitute such occurrences.

7. Defendar

n to believe that many of the counts should be merged into

single cr.

.ieed said etent occurred at all, and that such matters ma> be

subject U

:uarantees pursuant to the FilTh and Fourteenth .mendments

of thet
8. Failurc

tion, and Article 1, Section 19 of the Missouxi (onstitution


to

set forth with particularit> those allegations and factc which

the Sta

!:n the l)efendant the right to prepare his defense, challenge

the e.

s. to conduct an appropnat

Page) of 3

un estigation of

tIn. witiicce

expose F:

id

counsel a I r

Constitut

twice in !eopard\. and dert him efeen\ e a

mike

teed b\

9, Sixth and Fourteenth Amendments to the I nited States

rtic1e 1, Section I

$c a and IS) ot the \lissouni

onstitut
\V111l,1i

requests this Court enter its ( >rder directine the

VV
V

Mtssouri to file

ate of

in connection v ith the iho e eritO led caniNe.

Ihe \lutru\ I av l1rnl


Atlorllev lbr 1)efndani

1 71 7 Park Avenue
St Louis. MO 63 104
p: 314-270-2273
f: 314-884-4333
1T1FJCATE OF SERVICE

The iinJ:
mailed this 1)eee
Franklin Couni
15 S. Church St.,
Union, MO 630

ii fies that a true and accurate cops of the


CS. Mail to.

recoilie

nevs Office
s

I.

PJgL

7<1

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IN THE CIRCUIT COURT OF FRANKLIN COUNTY


STATE OF MISSOURI
State of Missouri,
Plaintiff,

3
)
3

vs

Jeffrey R. Weinhaus,

Defendant

Case No. 12AB-CR02409-OI

FILED
MAR 18 2013

JO

DEFENDANTS MOTION TO QUASH INDICTMENT

Comes now the Defendant, Jeffrey R. Weinhaus, acting Pro Sc, and moves this
Honorable Court to Quash the Indictment in the above captioned cause, and supports this motion
with the following:

I.

On November 28th, 2012, the State obtained its eight-count indictment in this cause. Fo
that indictment, the Defendant has pleaded not guilty.
II.

It has been held repeatedly that an Indictment by a grand jury is prima facie evidence of the
existence of probable cause, unless the same is overcome by a showing in evidence that the
indictment was obtained by fa)se or fraudulent testimony, or through improper
means.OS1eppuhn v. Railroad, 199 Mo. App. 571, 204 5, W 579; Van Sickle v, Brown, 68 Mo.
627. 637; Wilkinson v. McGc 265 Mo. 574, 586, 178 S. W. 471. Campbell v. Myers, 287 S.W.
842, 221 Mo App. 858 (Mo. App, 1926) [emphasis addedj

Defendant contends that Sgt. Folsom provided false testimony to the grand jury, which

the grand jury relied upon in their indictment. In support of this contention, the 1)efendant
submits the following:
Defendants Motion to Quash Exhibit A -The Indictment. Count VIII of the indictment
states the following;
COUNT VIII CLASS D FELONY RESiSTING OR INTERFERING WITh
ARREST FOR A FELONY
Charge Code Number: 2702099
The defendant, in violation of Section 575.150, RSMo, committed the class 1) felony of
resisting an arrest, punishable upon conviction under Sections 558.011 and 560.011. RSMu, in
that on or about September 11, 2012, in the county of Franklin, State of Missouri, Sgt Folsom
and Cpl Mertens, law enforcement officers, were making an arrest of for defendant possession of
a controlled substance and the defendant knew or reasonably should have known that the
officers were making an arrest, and, 1r the purpose of preventing the officers from effecting
the arrest, resisted the arrest of defendant by using or threatening the use of violence or physical
f)rce. [emphasis addedj

The indictment identifies the States Witnesses as Sgt. II. Folsom, Missouri State
highway Patrol, Troop I Headquarters., Rolla. MC) 65402, and Kelly Parker. No other
identifying information for Kelly Parker was provided in the indictment. Defendant assumes
that Kelly Parker is Judge Kelly Parker. Judge Kelly Parker, to the best of l)eferidants
knowledge is not alleged to be a tness to the events of the th of September 2012,
As Sgt, Folsom was the only witness that could have pros ided tcstimon to support a
charge of resisting arrest, Defendant asks this Honorable Court to examine the Troopers report
from the 2th of September 2012. (1)efndants Motion Exhibit B)

Item 4 on Page 1 (Exhibit B) of Sgt Folsoms report states;

At this point with all the units in place at approximatel\ 1246 hours. I contacted

Weinhaus by cellular telephone to request that he meet Corporal Mertens and 1 at the
MFA Oil station near his residence under the ruse that e were going to return his
computer equipment. Weinhaus ansered the cellular telephone and I explained to him
that Corporal Mertens and I wanted to return his computer equipment to him toda.
Weinhaus immediately suggested that it would have to be a public place and that he
did not trust me as he thought this might be a ploy to arrest him. I again assured
him that, the meeting was to return his computers to him and that I wanted to make
it as easy as possible for him, I asked him if we could meet him at the MFA Oil station

near his residence on Route K in Piney Park. Weinhaus agreed, but he informed me that
he would have several persons with him when he arrived to check things out. I again
informed him that only Corporal Mertens and I would be there and we did not want to
cause any kind of incident by bringing other people. Weinhaus agreed to meet us in
approximately 15 minutes. f emphasis addedi

The report made by Sgt. Folsom clearly contradicts his latter testimony before the grand

jury. Sgt. Folsoms report identifies that the 1)efendant suggested that the meeting was to arrest
him, but was assured by Sgt. Folsom on the L9th of September 2(112 that the meeting was to

return his computers. Subsequent to that report, Sgt. Folsom testified to the grand jury that the
l)efendant knew or reasonably should have known that the officers were making an arrest. [he
grand jury testimony of Sgt. Folsom, the only witness to the event who testified before the grand
jury. has been demonstrated to ha e provided fraudulent testimony to the grand jur,

Whereas the Defendant has demonstrated that the indictment has been overcome by a
showing in evidence that the indictment was obtained by false or fraudulent testimony the

Defendant prays this Honorable (.ourt quash the indictment.

MOTION TO QUASH
EXHIBIT A
STATE OF MISSOURI,

IN THE CIRCUIT COUR [OF TilE COUN1 Y 01 FRANKLIN


STATE OF MISSOURI

Plaintiff,

)
)

VS
JEFF ERY R WEINHAUS
White/Male DOB: 10/06/1966
SSN: 486-80-3884)
2360 IlighwayK
Saint Clair, MO 63077
Delndant.

)
)
)
)
)
)

I 2A13-CR02409
Cause No
Diviston No. II
OCN
PA File No. 071131707

!Jy ,

ip1c1MEr

B
M/ti-,,
FRA
y IN COJj4.

The Grand Jurors of the County of Franklin, State of Missouri, charge that:
COUNT I CLASS C FELONY POSSESSION OF A CONTROUID SUBSTANCE
Charge Code Number: 3245022
The defendant, in violation of Section 195.202, RSMo, committed the class C felony of possession of a controlled
August 22,
substance, punishable upon conviction under Sections 558.011 and 560.01 1, RSMo, in that on or about
knowing
substance,
controlled
a
Morphine,
possessed
2012, in the County of Franklin, State of Missouri, the defendant
of its presence and nature.
COUNT II CLASS C FELONY TAMPERiNG WITH JUDICIAL OFFICER
Charge Code Number: 2921706
The defendant, in violation of Section 565,084, RSMo, committed the class C felony of tampering with a judicial
officer, punishable upon conviction under Socnons 55.8.01 I and 560.01!, RSMo, in that on or about August 17, 2012,
in the County of Franklin. State of Missouri, the defendant, with purpose to harass or intimidate Judge Kelly Parker, a
judicial officer, in the performance of the juthcial officers official duties, tampered with the judicial officer by
threatening to txy and execute Judge Kelly Prker for treason.
COUNT 111 CLASS A MISDEMEANOR POSSESSION OF UP TO 35 GRAMS MARIJUANA
Charge Code Number: 3245762
The defendant. in violation of Section 195.202, RSMo, committed the class A misdemeanor of possession of a
00vctien under Sections 558.011 and 560.0 16, RSMo, in that on or about
controlled substance, punishable upon 0
St .te of Missouri, the defendant possessed marijuana, a controlled
Franklin
of
County
August 22, 2012 in the
nature.
and
presence
its
of
knowing
substance,
COUNT IV CLASS A FELONY A

MPT ASSUALT 1ST DEGREE ON LAW ENFORCEMENT


OFFICER
Chirge Code Number 1310099

The defendant, in violation of The defendauL i violation of Section 565.081.1, RSMo, committed the class A felony
of assault of a law enforcement officer in thc. first degree punishable upon conviction under Section 558.011. RSMo, in
that on or about September 11,2012, in the (cunty of Franklin, State of Missouri, Sgt Folsom wa.c a law enibreement
officer, the defendant knew Sgt. Folsom wa. . law enforcement officer and attempted to kill or to cause serious
physical iujwy to him, by shooting hIm.

COUNT V CLASS U ARMED CRiMINAL ACTION


Charge Code Number: 3101099
The defendant, in violation of Section 571.01 RSMo, committed the felony of aimed criminal action, punishable
upon conviction under Section 571 .015,1, RSMo, in that on or about September Il, 2012, in the county f Franklin
State of Missouri, the defendant committed the felony of attempted assault of a law enforcement officer charged in
Count VI, all allegations of which are incorporated herein by reference, and the dcfendant committed the foregoing
felony of attempted assault of a law enforcement officer by. with and through, the knowing use, asststance and aid ota
deadly weapon.
.,.

COUNT VI CLASS A FEU)NY ATTEMPT ASSUALT 1ST DEGREE ON LAW ENFORCEMENT


OFFICER,
Charge Code Number: 1310099
The defendant, in violation of The defendant, in violation of Section 565.081.1, RSMo, committed the class A felony
of assault of a law enforcement officer in the tirst degree punishable upon conviction under Section 558.011, RSMo. in
that on or about September 11,2012, in the County of Franklin, State of Missouri, Cpl Mertens was a law enforcement
officer, the defendant knew CpI Meitens was a law enibrcement officer and attempted to kill or to cause serious
physieai injury to him, by shooting him.
COUNT 111 CLASS U ARMED CRIMINAL ACTION
Cfarge Code Number: 3101099
The defendant, in violation of Section 571.015. RSMo, committed the felony of armed criminal action, punishable
upon conviction under Section 571.015.1, R. 10, in that on or about September 11, 2012, in the county of Franklin.
State of Missouri, the defendant commirtedt felony of attempted assault of a law enforcement officer charged in
Count IV, all allegations of which are incoq ed herein by reference, and the defendant committed the fbregoiiig
felony of attempted assault of a law enforcei
officer by, with and through, the knowing use. assistance and aid of a
deadly weapon.
COUNT VIII CLASS D FELONY RESISTING OR INTERFKRING WITH ARRThT FOR A FELONY
C rge Code Number: 2702099
The defendant, in violation of Section 575.15 R.SMo, committed the class D felony of resisting an arrest, punishable
upon conviction under Sections 558011 and S0.0I I, RSMo, in that on or about September 11, 2012, in the county of
Franklin, State of Misaouri, Sgt Folsom and
Mertens, law enforcement officers, were making sri arrest of for
defendant possession of a controlled snbstnr nd the defendant knew or reasonably should have known that the
officers were making an arrest, and, for the
.se of preventing the officers from effecting the arrest, resisted the
arrest of defendant by using or threatening ti
e of violence or physical force.
,

A TRUE BILL

No

JE BILL

Foreman
As a condition of release for defendant bond s set in the amount of$

s&isiajit) Prosecuting Attorney

cQC

C4-SA

SGT H, Fosom. Missouri State 1Iighwv Patrol. Troop I Headquartcrs, Roila,


MO 65402
Kelly Parker

STATE W1TNESSES

Judge

__________
________

_____

IN EH& CIRCUIt CUURJ UI- l-KANKLINCOUNIY


STATE OF MISSOURI

STATE OF MISSOURI.
Plaintiff,

VS

Cause No

Division No

I2AE CR02400
II

Jeffery R Weinhaus
Defendant

SPECIAL CONDITIONS OF BOND


The Defendant is hereby ordei-ed to comply v.
1

Iou following additional special conditions of bond

Laws: Defendant shall not violate any Federal. State or municipal law

Li 2

Abuse Prohibition: Defendant will rrcit engage in any abusrve or assauttrve behavior

u 3

Domestic Violence Education Seminar (DyES): Defendant will enter and succeashily attend the OVES program until
ordered otherwise by the court. Defendant will authorize the relevant treating professional to disclose to the Court

infomiation about Defendants attendance & behavior


jj 4.

No Contact Provisions: Defendant w, I have rio contact with (the vdim) (the victims children) (or) (the victims family).
The Defendant will not initiate ix maintain telephone, conespondence, personal or 3i party coritad with (the victim) (the
victims children) (or) (the victims far y) without the prior written approvat of the Court The Defendant will not enter into
the premisei, travel past or loiter near whiere (the victim) (the victims children) (or) (the victims family) resides or works
YOU WILL BE IN VIOLATION OF THIS ORDER EVEN IF YOU ARE INVITED.
Weapons Prohibition: Defendant wit not purchase, possess, receive, or transport any firearms, ammunition, explosive
device or any other deadly weapon. Au weapons shall be surrendered at
with j
days.

6
u

Parenting Class: Defendant shalt enlcr and successfully attend a parenting class

SupervIsed Custody Transfer or VCJZatlon: Defendant shalt utilize a supervised custodial transfer program that is any
custodial transfer as by Court order s II take place at the local (police station) (shenff s department).

o 8.

Alcohol Prohibition: Defendant sfai


a location where alcohol is sold or r.

.
9
u

SCRAM: Defendant shall, within forty ,ght (48) hours of release from custody, or as soon thereafter as possible, report to
the appropriate authority kr the insta -:n of the Secure Continuous Remote Alcohol Monitoring device on Defendants
person. Such device shall remain in p a until the conclusion of the criminal case.

j 10

EMPMonltodng: Defendant shalt,


the Court orders otherwise, be connected to, pay for and abide by the conditions
of the EMP device within three (3) da sof being released on bond.

11

GPS Monitoring:

j 12.

Random Drug Tasting: Defendan


to be paid for at Defendants csii

tj 13.

ASsociation Prohibition: [kfem1

Off,er

14.

)t possess or imbibe any intoxicating beverage. Defendant shalt not be at or near

appear for drug screen every seven (7) days at

not (be seen with) (contact) (live with) the other co-defendants from this case

Motion to Quash
1
Exhibit B
fendant,s

MISSOURI STATE HIGHWAY PATROL


REPORT OF INVESTIGATION

ATE CONTROL NO: 12 2- 01:6 011


PORTING OFFICER: SIFt T H. 3
POLSOM
DCC TYPE: THREATENING A PUDICIAL OFFICER
COUNTY:
FRANr IN
DATE/TIME:
AUGUIt 22, 2012
OFFENSE STATUS:
XNVt GATION CONTINUING
LOCATION:
2360 RT K
ST. CLAIR, MO

DEt

ARREST OPERATiON OF JEll

O5T

REPORT DATE:
U622j2
TROOP OF OCCURjN( I
SCENE PROCESSED:
IDCC AT SCENE:

LLS OF INVESTIGATION

FY WEINH.AUS

In continuing an ir: stiqation into allegations that. Jeffrey


1.
Jeinhaus threatened Jud iai Officers in Franklin County via the
Internet on August 1?, 2i2;
On September 11, 2012, an arrest
operation conducted for 3eitrey Weinhaus in Franklin County.
On September 11, 201, Corporal Scott E. Mertens and 1 went to the
2.
Franklin County Prosecut rig Attorneys Office, wherein I applied for
and received an arrest w rrant Jeitrey R. Weinhaus, white male, date of
birth October 06. 1966,
2360 State Route K, St. Clair, Missouri.
The charged on the aries
warrant stemmed from an earlier
vestigacion, where Cor iaJ Mertens and I contacted Weinhaus at his
sidence on August 22,
O2, reference threats he made aoainsc a
Judicial Officer in Cra% rd County, Missouri.

3.
On September 11, 201
after obtaining the arrest warrant f or
Weirthaus, I contacted a rarnber of the Franklin County Sheriffs
Departmnt to see If the local sherifis department wanted to assist us
in serving the arrest wa; rant.
They decHned to assist citing othe:
calls for service ere u .ding
I then contacted Federal Bu eau of
Investigation Agents Pat
uP Cunningham and Mike Max-uschak, who agreed
to meet us in St. Clair
.issouri and assist us in serving the arrest
warrant on Weinhaus.
r ueeting with Special Agent Cunningham and
it
Special Agent Maruschak
agreed to attempt to have Weinhaus meet.
with us at the Missouri
uners Association (MFA) Oil Station on
Missouri RouLe K betwees
Clair and Piney Park, Missouri, which is
in close proximity to Wi
haus residence.
IL was further decided that
the meeting with Weinhau; would be prearranged with him under the ruse
that we were returning a
computer equipment to him chat was seized
trom his restdence on A
ci 22, 2012.
Additionally I arranged for two
fully marked ears from
iissourr State HIqhway Patrols Troop C to
participate in the ar:e
ocration
n toe event Weirinaus ti ed to I lee
arid a vehicular pursuit
Jt this )Oiflt with
1
hours, I coritactec iio,,
et Corporal Mertess
der the rase that we
Weinhaus answered the c
Coruoral Mci t ens aria

the units in place at appr cximatel


by eel] u: as telephone to request tht he
at the FA Oil station near his i eidenc
going to return his computer equxpment.
dr telephone and 1 explained to hrm that
-a to return his computer equipment. to Ii

C1

12 236 008 011

today.
Weiihaus ammec
nulltc place and that h
by Loarreat him.
I

v suggested that it would have to be a


:d not trust me as he thought this might be a
at: assured him that the meeting
s no return
,s compiters to him an:
oat I wanted to make it as easy as possible
or him. I asked him i:
could meet him at the MLA Oil srat:on ne,.,
hs residence on Route
Pir.ey Park,
Weinhaus agreed
but he
informed me that he WoUl
have several persons with hrm when he arrived
to check things out,
I
sin informed him that only Corporal Mertens
and I would be there ani a did not want to cause any kind of incident
by bringing other neopl
Weinhaus agreed to meet us in approximately
l5 minutes.
At this pc:
a safety briefing was conducted with the
additiona informaLon
n there may be other persons arrviog wrth
weinhaus,
While we war
ting a white truck drove into the oil
station parking lot arid
whrte male occupants exited the vehicle and
began to work on the gu
a on the front of the store,
,

5.
A short time lot or
Subaru passenger vLil

pazki.ng lot.

I iiuaeda
frJeizthaus and I also obso
as he entered the parki
his patrol vehicle is w
drove in a circular pat
vehicle past. our locaci
Mertens patrol vehicie.
Mertens patrol vehicle
vehicle.

I then notioc

him tacticar advan


eve
rking lot.
Weinhaus
did not approach our vi
and at this point I he4
a manila folder in my r.
stated to Weinhaus that
get his computers back
right as if to look to
Mert ens and I met near

simultaneously appruar..
I immediately recoyni zec
conversation and he ha1
of his vehicle.
I tX:e,,
his patrol car and c, e
see if Weinhaus woula
trunk was open.
I than
vehicle with the Li.

could see that Weintsr


location with his r::ht

has hands were empty


6.
I then stepped ti
folder still n my
a
nis right hip wnicr
containinq a niack
o has rignt .;de.
ide oiid positioned

voice Jeff, wrx3t ar


are you da,;iq with
and he z-fuae
to c)ij
aparox.iinatelc Len t-

porox1mareiy 1300 hours, I observed a green


owing Lo turn into the uoaLh entrance of the
recognized the driver as Jeftry R.
d that he was rapidly removing his seatbelt

lot.
Corporal Mertens and I began to exit
tisus accelerated through the parking lot and
a past our vehicle.
He abruptly stopped his
s 1 exited the passenger side of Corporal
then began to approach the rear oL, Corporal
I saw Weinhaus had already exited his
it his vehicle was parked in a mariner which
and an immediate escape route from the
d at the drivers door of his vehicle and
a I continued towards Weinhaus location
a attempt engage him in conversation.
I hod

Land, whrch I held u,p in toe air, and


the papers right here for him to sign to
this point, I saw him look from left to
who was in the parking lot.
Corporal
:ear of Weinhaus vehicle as we were both
,einhaus on the driver side of his vehicle.
at Weinhaus was not responding to my
atied in bit; statconary pOSlt Can along side
u Corporal Mertens to go to the trunk of
an attempt to continue the ruse and to
owards the rear of his vehicle once the
aaued to approach the rear of Weinhaus
r ra my hand, from this vantage poInt.; I
Etar1diny with his Dody bladed toward my
e out of my view.
was able to set both of
.aO

or

of Weinhaus vehicle watfl the tale


Weir;haus then turned toward me ixpoaa oq
eon i. S
Army issued type bob sLer
-ni ajtotatic pistol ntachtd to
;a: Lu di,iw my service. pist cl Lrr.a my
I o ready when i. a skai Wi rahaus 10 a I
zth toot gun?
Weinhaus replied
What
1 order ad Weinbaus 1 o qe on
he carourd
i Try r eguert
I wcS LOW snrrdcnq
r.om him,
I then saw hri: reach has rcLt

CA

12

26

008

01

hand towards his houtc


holster and sweep it lrr
focused on the front or
ont sight clearly and
1
e holstered pIstol.

pistol and began to open the flap n the


t the hoister in a drawing monion.
I
of my service pistol and I could see the
its see Weinhaus
right Sand now resting on
imediately recognized that the back drop area
behind Weinhaus contains xplosive hazardous materials and several
persons who were in plain yiew in front of the MFA Oil Station.
I
ri]e away from cover in an attempt to gain a
began to step left at at
Weinhaus then paused and
good sight picture with a clear back drop.
I then ordered Weinhaur- to
began to shake as if he 1 d a cold chill.
Weinhaus refused to comply.
get his hand off the gun
Weinhaus
ave to shoot me,
as he began to draw the
stated You are going
mm the hoister on his right hip while
pistol with his right b
we
1 continued to step left at an angle
keeping his eyes focuorn
ur e with a clear back drop
I saw Weinhaus
to maintain good night
the weapon from the holster as hs eyes
right hand continuing tc
were fixed un me. AL Li i point, I was in immediate fear I or my lrfe
tens,
I gained a good sight picture with a
and the life of Corpora
clear back drop and as r naus was still continuously drawing the
ired two shots to the chest and one shot to
weapon fiozn the holster,
the head of Weinhaus.

7.
I began to hear soic
began to scan left pant
any additional threats
thought came from my ilL
scanned right again tow i
saw his body rotating
re hhot from my servi
1
tapped left again it
Weinhaus immediately icr
Corporal Nertens was co
Weinhausto secure his w
the area of the Y4FA Oil
flat on his stomach wiLt
The weapon was still in
by just a few inches.
near the trigger guar I
the right hand of Weird
the holster from hit, he.
behind me towards Corp
Agent Maruschak was rap
him to cover ire while
I handcuffed Wein
back.
Special Agent Maruschak
Corporal Mertens indiort
1 then bearr
in route.
was injured and he rep
this poInt, I ass st od
right side, nLo a irnr
i
give furthet medical
Weinhaus had sutferci
Liter wounds no the
nth
s weapon anc. he
ne shot fine nis stnV
-

0
I then c ntactel
of the others near th

g from the area of the MFA Oil Station.


inhausi location to determine if there were
Alt. when I heard a loud gunshot,
wha ch I
.inde towards the area ot Weinhaus,
I then
ne area where Weinhaus was standing and 1
s hand still on the weapon.
I fired one
,tol at Weinbaus simultaneously as I
)rt to keep the back drop area clear.
the ground and was motionless.
1 saw that.
i my riht rear position and I went towards
cii as I
continuously heard screantirig from
LiOfl.
I then saw that Weinhaus was laying
weapon and holster positioned beneath him.
ght hand and partiaily out of the hoister
rot see his finger or arty other hazard
the pistol.
I grabbed the weapon from
ud jammed it into the holster.
I removed
i tossed the green holster
and weapon
itens location.
I then saw that Special
proaching my location and I yelled for
1
cuffed Weinhaus with his hands behind iri
and he remained there motionless.
I asked
Ji 911 for an ambulance when I heard
had already contacted Troop C arid one was
K Special Agent Maruschak if anyone else
are were rio other persons injured.
At
I Mertens in rolling Weinhaus onto h:s
sition, and Corporal Merueris attempted t
to Wemahaus injuries.
I could see that
wound to the head as werJ as several
isked Corporal Mertens if he had fired
ste that he thought he had fired dt east
J ,t Weinhaus
jant Cut nil righam
let er ni rio t ho ,t t ii
Spcial Agent C-tnni ngham advised
ion.

CJl
me that be ws necu
-contactedGorqe Kn
:
-shooting icrdent,:

and

hegan.tu

ransported from the n


.rrved
This Jrwestigaton
9.
Patrdi
Troop. C Croi.
Investiative uflatn e

to

G8ti

dent f ed w tneses at
at
seene
a ni.orn hIm pfthe off 1 ocr invcdved
ime later, emerqetncy medical peronnei
inhaun for bib injuries.
Weinhaus wan
ambuanee for further tnedical care
conLnu1ng by the Minsour.i SLatc Hiqhwav
-so1gaLive unit, due to the Troop
,nvlved dhdbtircg incident

H. J. Folson, SergeEo
D/DCC, Troop I Unit
Troop T F
cc GHQ
Franklin County PA
Bureau at irivestiqt

HJF: Dim

Tr.ap I Unit
D/DCC, Froop C Unt
Count y Snerift s flepart:mer
t
1
Federal

PDe

QRQL2.
LPOR?ING OPFICE

UPPENCiX2E

12 21 U1
SNRGEAN P
OFF1CEi
Nv
FPAN

TI
QEIE STATUS

09/12,2012

0991

09ll. 2O:
iNvE5r:AT

tANh

FOLS0?
SEHGAN1

H
STATE HWY

WQ

OOTiNG

PATROL

RespectfuI1

itted,

Jeffrey R. Weinhaus, I)efendant

CERTWICATE OF SERVICE
Signature above certi I
Church
St., Room 204,
15 S.

1 was forwarded to Bob Parks, PA,


that the foregoing document
n MO 63084 on

IN THE CIRCUIT COURT OF FRANKLiN


STATE OF MISSOURI
State of Missouri,
Plaintiff,

Jeffrey R. Weinhaus,
Defendant

L ED

MA!? 19 3

)
)

vs

COUNTF

Case No. 12AB-CR02409-Ol

)
)
)
)
)

DEFENDANTS MOTION TO SEVER THE CHARGES


Comes now the Defendant, Jeffrey R. Weinhaus. acting Pro Sc, and moves this Honorable
Court to sever the charges levied against him into three separate cases, pursuant to the

coUrt

rule

and statute controlling joinder, and due to the substantial prejudice Defimdant would suffer if the
charges remain joined. fhe Defendant suggests, and prays this court to group the cases as
follows; the first case being the charge of tampering with judicial officer (RSM0 565.084), the
second case being the two drug charges (RSMo 195.202 and 195.202), and the third being the
charges of attempted assault, armed criminal action, and resisting arrest (RSMo 565.081,
571.015. and 575.150.)

As grounds in support thereof, the 1)efendant states the folloing:

1. The charges were improperly joined. contrary to Missouri Supreme Court Rule 23.05 and
RSMo 545.140.0.

Rule 23.05 states; All offenses that are of the same or similar character or based on tvo or more
acts that are part of the same transaction or on to or more acts or transactions that are connected

or that constitute parts of a common scheme or plan may be charged in the same indictment or
information in separate counts. and RSMo, Section 545140.2 states; Notwithstanding

Missouri vupreme court rule 4. O. two or

more

u/lenses may he cnareed in the same indicmcnt

or in/ormation in a separate count/or each otThnse if the ot/enses charged whether telonic.s or
misdemeanors or infractions, or am combination thereof. are o/the ratne or similar character
or are based on the same act or transaction or on two or more acts or (runsuctions connected

together or constituting parts of a common sche,nc or plan

lhe Missouri Court of Appeals for

the Southern District in State v Smith, (Mo. App. 2() 12) stated;

t has its ordinary meaning and includes united.


Connected

by dependence or relation,

or by order in a series and joined or linked together tin] a series, having the parts or
elements logically related[.j State v. McKinney, 314 S.W.3d at 341-42 (citing dictionary
definitions); see also State v. McDonald, 321 S.W.3d 313, 318-19 (Mo.App. 2010)
(connected includes things that are joined or linked together in a series or that have
logically related parts or elements). A common scheme or plan requires that the
offenses be the product of a single or continuing motive.

State v. Morant, 758 S.W.2d

110, 114 (Mo.App. 1988).

In State v McKinney (Mo. App. 2009) the Court reminded us [W}e explained the interplay
between evidentiary considerations and the joinder rule in State v. Buford, 82 SW.2d 298 (Mo App.
Wi). 1979)

lu be properly joined, the offenses must be part of the same transaction or part of a
common scheme or plan, because to join offenses otherwise would expose the defendant
to prejudice by allowing proof of the commission of unrelated crimes. lhus. to avoid the
emasculation of the evidentiar rule, the joinder rule must be construed so thu/joinder i

be
permitted only when proof or evidence of the commission of one crime must
necessary to the proof of the commission of the other crime. lemphasis added)

transaction. lhev
The charges, arc not all the same or similar, nor are they all part of the same

plan. The joining


are not all connected transactions, nor are they all part of a common scheme or
Defendant
of these eases is repugnant to both the statutory provision and court rule, As such, the

the
prays this court take judicial notice of the statutory provision and court rule and sever
charges.

the
2. Pursuant to Missouri Supreme Court Rule 24.07. the l)efendant moves this court to sever
charges into separate cases. Even if this court considers that the cases were properly joined
(thereby denying the first part of this motion), if tried together, the T)efendant would suffer
substantial prejudice as a result. RSMo 545,885.2 states that substantial prejudice shall mean
real and
a bias or discrimination against the defrndanr or the state which is actually existing or

not one which is merely imaginary, illusionary or nominal. lhe Defendant asserts that joining
the charges of attempted assault on a law enforcement officer (RSM0 565.08 1), and armed

criminal action (RSMo 571.015) (which are alleged to have taken place on 9/112012 at one
location) with the Tampering with judicial officer (RSMo 565.084) (which allegedly took place
on 8/16/2012 at a separate, and an unrelated location) would create a substantial prejudice. in
own
particular, a failure to sever these cases would limit the defendants ability to testify in his
defense on some charges, vhile reserving his right to not testif\ in others. In addition, the jury
would surely be unduly influenced by being exposed to separate, arid completely unrelated.

charges. Further, as this court should recognize. and in the current political climate, the
the
introduction of the alleged use of a firearm by the defendant is hound to severel afict
of
mindset ofjury members improperly influencing them to convict out of fear, and its effect
movine the bar as to what constitutes reasonable doubt

The Defendant understands that some courts ould assert a requirement, that in order to
particularize how the Defendant would be substantially prejudiced, that he should identiri what
testimony ould prejudice him, and how that would influence effect the other charges. lhe
Defendant finds that to he a bar set too high to reach without the court also violating the
Defendants Fifth Amendment right to not be compelled in any criminal case to be a vitness
against himself.

WHEREFORE, Defendant moves this court to sever the charges in accordance with the
above prayed grouping, or as the court would find to be in accordance with State Law and Court
Rule. so as to not prejudice the Defendant.
espectlihi tted,
1

Jeffrey R. Weinhaus, I)efendant


CERTIFICATE OF SERVICE
Signature above certifies that the foregoing doct
ment was forwarded to Bob Parks. PA,
1
15 S. Church St., Room 204, Union MO 63084 on
L3_

FILED
SEP 042013
IN I III CIRCLI F (O[R I FOR FRAKIPc C0
2Uth H 1)1(1 \I C1RC II
I \I 1 0! \IISSO[R1

IA

D.C

STAlE OF \I1SSOI RI
(ase \o

v,

JEFFR1YR. \\l 1sH.d

2 \13-(R

4O)-a

1)eldridani

1:FED\TS N1O[JOI IN

1M1E / MOTION [0 EXClUDE

Con iu i)efedanr Jeffre R. \\ einhaus. h counsel I lugh. \. Lastvood. and slates as


Defendants Motioi in

inane Motion to Lxclude:

Any ineiiioi of the idllo big items heidre the jur


(b) be inadmissible or am purposes. and

(C) cause

ould (a> deny Plaintiff a lair trial.

iniproper prejudice. wherefare Defendant

moves the court to piohibit the State lrorn either mentioning or referring to the loIloing items in
voir dire, opening siatenienl examination of tflesses, presentation o c idenee. or closing
argument. or at am other time in the presence ol the jury:

1.

The particulars of Defendants I3ulletinman statements and publications, other than the
Youtuhe iJeo ol August 17. 20121. and subsequent

outubc ideos iewed by Sgt. IIJ

Iolsoni prioi to l)eldndants arrest on September 1 I 2() 12. DJdndants speech is


generaHy aid perhaps commonly kno n generally to he controversiai in nature, anti
go erameni

it;

oThjeet matter. and h perholie in tone. hut the particulars of othei

alue.
stawmeitI ..uuid be prejudicial to the DeRindant and hia\ e little to no prohati\ e
Ih

Utci ti

>1 (Or gross prejudice looms

as

the jury could eon jet the Detdndant based on

has
There are o deos f Aunust 1 7 one ith captions. the other ithout, l)eidndant
ssitliotit captions. sineL Judge
aireath mmcd to cisnuss the tampering charge based oi th ideo
Parkers name i not mentioned in the speech. and thus the State cannot bring a prosecution
based on an aliec orea to Judge l>arker

(bew
.
a general dis dc ot the content and tone of his contro erlial and extreme speech (Ibis

3/ ib erruled

Grante1
2

ants
Defendants target shooting at his home .1 he State plans to call a uutness, Defend
neighkn Jan s Iloflinan. to testtl5 a to l)efendant and his ex-%ife alleged practice of
targcz ili0t1

in their propert> prior to the September 11. 201 3 shooting of l)efendant

ed that
b I liphv a Patrol trooper Sgt. lolsom. (iii en that the I Iighviay Patrol admitt
Detenuant e line to the gas station on September 11 tin the ruse that his computers went
being returned to 1)ctndant. such eidenee is prejudicial to Defendant. stiggesis a bad
.
intent. pmpensit> intl or state of mind. all with no substantise corroborating tt idence
34
and thus its ineiudieial effect outweighs its small ptobative salue. State v. Barriner,
Mu.banc, 2000) jeiting State it Bernard, 849 S.W.2d 10. 13 (Mo bane
S3% .3d 139 1

19)

es aence of prior uncharged misconduct is inadmissible for the purpose of

an
shoss zag the propensit, of the defendant to commit such crimes.). I bus James I Ioflm

.re1ud or at least precluded from testif> ing as to the target shooting


,
should be 5
o4erruled

Granted
3.

Judge Kelt2 Parkers reaction to the shooting. Judge Parkers reaction to Defendants
and the
speech is in:le ant and subjeeti e under an ubjectis e lint Amendment anal> sit.
case lass br:eled in 1)efendants motion to dismi.s the tampering with udieial officer
charge 1 acu
too mud
piobatr i.

in

ii.

deket in the institution of the prosecution. It also is likely to be gisen

lit and impoitance by a jufl. and thus its prejudicial elfect tar outweighs its

iii..

Oserruled
5k r

1/
spcfc4i.

Uniformed lass enforcement officers (with

or

without weapons) as spectators in the

nn I )elWidant anticipates that the State wifl seek to paint him as an attempted
1
courtm
.

xording)). the itt rna..se presence of umiormed law enforcement officer..


cop kilici. 1
.ut scupons. as spectators in the courtroom is inherently prejudicial because
1
with ir sith
it ma create .in outside influence on the jun. affecting the presumption of innocence

necessary for a fair trial and impacting the harshness of the sentence imposed State V.
Jolunon, St 2448 iJul. 16. 2013 i tl3reckenridge. 1, dissent at 0-121 wuing Hard r.
State, I0 5 Id 3 il Ia. 1)ist. Ct. %pp. 2012): Skootes

it

State, 20 So. 3d 434 (Ha that.

Ct. App. 2009) (see also Id., fn. 4.). If the officers appear at trial in uniform, and
particularly ssith sscapons. then the jurors sill then conclude that the officers are more
tnistsonhy than Defendant. Law enlbrcement officers should thereibre be prohibited

from appeanng in court either in uniform or with weapons. Further. an) law enforcement

witnessc endorsed b the State should be excluded from the courtroom until th* arc
called br testimony.
(herruled

Granted
5.

Am

pno

c.riniinal eons talons. I)efendant has certain misdemeanor cons ictions. 2003

for harassment; 2006 11w trespassing: and a 2007 Suspended Fxecution of Sentence (SES)
for assaulting a police officer. .1 hat es idence is more prejudicial than probative of
I)clcndant intent here. if used improperly See
638 .Mv.

iP). State it

ci fli ral&

State v. ?selcon. 178 S

.Id

Jlebn, 892 S.W 2d 743. 74 (Mo pp 11) 1994i rir.aI courts

should c .%a:: fesidence of other cninc% due it die highly prejudicial charatter of such
eiiicnce a. State

it

Dunn. 9S 53% .2d 759 61 (\to. bane 1998) r.howing the

deendant s propensity to commit a gnen crime is not a pioper purpose for admitting
I

evidence, because such esidence mas encourace the jur to cotnict the delendant

prmeiist to commit such crimes

bec,u a a
guilt\

bets

actuai!

the e ime chargcd.t:


Oerruled

Granted
6.

inout regard to e hether

\oir dire pronihition.. \t the oir dire stage, the State cannot discuss the Detendants
prior ut Ltnses, or his potential punishiflent II cons icted.

(jrantci
7.

Us erruled

i/

dence or sitnesscs. I he State cannot bring any esidence or itnesses

k ndiseloscd

that hine not been disclosed to Defendant. The (ourt may revisit this issue onls if the
State seeks to bring evidence in rebuttal to Defendants case.

8.

o erruled

j_/

Granted

Other civil aLtions ins ols ing Defendant. Any and all other civil actions ins ols ing
DeDidai ,4re irrejevant. particularly the details ci his tso divorces, as sell as an
ongoing

rcclcsure proceeding, arid additionally their probative alue on

issLieS

in

dispute is zero and their prejudicial effect ould be immense. l)cfendant concedes that
he and ih N ate may note that he is dis creed.
nied

Granted
9.

Defendant resers es the right to mox e further in lirnine based on the States proposed
CViucnce a.

V Ill RI I (R1 I )clendant grass this Court S S I \IN his motion in Imne motion to
ecIude. and ha

so.

utile re cf as ma be just. meet and reasonable

Respecttui\ Nuh:j:neLL
Attorney

r )el

dani

Hugh A. F asxo&)d, \1 1
7777 l3onhnu \ mue. Su te 1 (O
St. Louis, NIisotri u3 1 O5 I )4 I
Jia ti .eom
heastood L: eit
(311)
Fax
(314 2 3H
[ci
(314) O
Cell
So Ordered.

/
\1uirIand. (cuit Judge
Date

Cl R I IIICATI OF SFRVICI
2() 13 )he ser ed this document on:
The undersned eertifle that on
Robert F. Parks II
Franklin (ount Pt osecuting \tterne
15 S. Church St.. Room 21)4

/ o3

:r

The methoj(s o er

ict/h\

first class mail.

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to

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nited St tes Constii

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md

s{eei\ trial.
3.

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s be ucas

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,crc,teI b\ his ,n:e-t and tie

for trial
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case of this nature,


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ar true ..rie

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sion Expires Oei 22. 2014
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IN 1HL CIRG 11 (OL. Ri I OR FR.NKI IN C Ut S I k


20th A DICIAL. CIRCL II
SIA11ni \I1SSOLRI
Si Ui 01 MISSOURI.

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lkfendanL

DEFENDANTS SECOND MOTION TO SEVER OFFENSES

(omes noss Defendant Seth> R. Wemhaus. In counsel I Lush A. FaMwood.


ins second in U n

U cser

t.J gates as

offenses:
Intruductibn

improper joinder, and Ihilure to sever charges. ins olw a tsso-s ep anal sis. State s. Lore,

293 S.%S.. d 471,475 (Mo.App. 1LD.2009). First, the court determines whether jGinder of the
charges is proper as a mater of law. It lfjc inder is not proper. then r rejtidice is p1

severance of iw charges is mandator). Id.


ssithin :1w thai

I.

:ouits

discretion

.1. in

the nth:r hand. :oh .:r is pic;jer

..niet.

and

% .:rae.ce

It

ibree distinct, unrelated events fail nexus requirement for Rule 23.05 joinder
1)etendant has been charged with serious felon) offenses occurring weeks apart, without

an

iiaractedstie. tactics. tmiisatt as. coIiI)ectedness.


common 1

neXus as .equseJ

ii>

the sarious prongs ot RJc b- l t.ac

or a ,.aaIl :n.U..c

ni)UIJ

.uh-ta..a.i

to Deler.dant c due proees right to a lair trial to submit all the charie to a sin

Ic

.:.

,aa;

jun :n a sini.le

proceeding
Partiewarly:

(gO

1)elendant is charged with I ampering V nh Judical Officer, I I my C R\1o 6s084,


a \uuut 16. 2012 Youtuhe ideo aosted g the wend w ale wen mom I ide a anns

i ii

oiiputer

I he August 16

1 )elcndant

(ii

outube charge)

charged with each ot (Ii Pm sessi or Of ( atm R I Nuhsin, c I

mi, On I ess 01 Marijuana

3a (irams Marijuana

Misdemeanor \ RSMo, 195.202

I Delen lant s home on August 1


20

. ar a

I don C RS\Io: 95.202

7,

2j Possessh

Of

P 10

based ona sub e lucre search

2 >12, 1 hat search wart am xmas issued on

ifust I

Patrol elm a

(Oh because trooper Sgt. 101mm of the Missouri II igrmm

smelled marijuana on 1)cOndants hi, ath and ecu rails in tI c

I a

tiiac at his

at porch.

Sm 1s I (Police Report) (The August 17 dma charges)


1)elendant is charged with 5 felony counts related to his September 11, 2012 arrest at a

ga station. (1) Assault/Attempt Assault


rkr.( ble Vvrkr Or P&P Ofkr

tnins

Armed (riminal Action

Felons

1,1 0. ( err 01 l1ani.

1st 1)egr

1St I)egr

felony A RSMo

Laclassi fed RSMo: 571.015


I dons 1) RSM0: 575.150

Ic a den

}.

65 081

}. (4) Armed

}, and (5) Resisting

(3) \ssajli

Criminal Action

1nter0rin \

(The aptemhei 11th arrest-raP

xo )r

proper where the charged m tenses


ctions,

RSMo. a45 140 2 Rule 2305 Love, 293 S

d u

where tIne

0.

1o: 6hS I

las died RS \Io: 571 (1

connected acts or tran

or

Prsrirnl, I 1w

tamp!

Arrest I

I loas

Iclorm

or

I charges>

Dis ussion

)ased

Felons \ I

tics

110, (orr Off Emrgncy Prsnnl, Fiwy Vvkr, Ltility \k rkr,Chle Wrkr Ut P&P

Assault

()tlr

tame

manner in

are of

or

which the crimes were ama rued.

arc

the same or s milan Lhrac

are part

Rule

of a eurrinion scheme

3!

aes

mat

plan

are ot the same or similar character or based on to or more acts :h t na part


same transaction or on tss 0 01 more acts or tI ansa i io,,s that at e i t a
that a )nstitute parts of a corm u
r plan ma
cai gad
tl ama
in lietment or information iii cpai rt a )uflts
the

In the n a as

Lidl

economy, \lrssoum

turN 1a or 1 ihera. jonat a of oifenses, Statm r.

Dizer, 1 1 S\ 3d 1 6. 161 (MoApp. 1D.2OO3). In applying the rule and the statutes
requirement of connectedness, courts use the ordinars dictionar\ definition. State
,

Bechho!d, S S \\ 3d 591, 594-95 (Mo. App


that are joned or Ii med together in a series

Phd). I hat is. cona


dlii ha

Ldness re an

a ioiealls re at

it

parts or elentarts, Slafr

a. McDonald, 3. 1 SW,3d 3 3,318 (\1o.\p 5.1) t)IO).


Joinder is improper here. I here is nothing as to the character, connectedness, or common

scheme or plan as to each of the three ahoe

fact

patterns to link the

related charges. I he Youtuhe charges are based oil p litically extrciit


l)etndant in

puhi i

ublie statan,e,

a cial eorrtptlo

to alleged official and

forum on the internet

nmtuhe. drug. and arrestPs

the

I he

drug charges are hasc on a s isit and subsequent search ssarraril ser ed b Missouri I hghsay
Patrol troopers to the l)efendants home. I he arrestrelated charges are based on tIre shooting of
Defendant incident to his arrest nearly a month later s here, by the trot pars ossmi adni
lured

Defendant

to a gas station on the pretext that the, acre return:n

simm.

thes

is computr egmapnent

to him.
I here are no similar circumstances ere: there is no same transaction here:
there t\s

r more

a ts

or transactions

that

are connected or

scheme or plan I s I )efendarrt (1 hat thes n


troopers

ight of

rreles art

t t

pm

I heretore,

Lidh c to

Defendant. It ss oula

for

constitate

eomm

1< i s

.t3 jOl

[c ar

each prone ad.

that

part of a m

nor

are

mrnor

stigat 111
1

0 surs is

pa

I cu arts

e substantially prcjuaic a to the I )etend tnt k

have thrcc separate discrete, unrelated incidents suhnntted to one furs ni one proceeding

Due pr )ceSs f lass requires that the defendant s riuht to a fair inal must he gisen priorits
user

constietations

ofexpense, efliciencs ond cunsenience. State n Thwne, 941 S)s\ 2d 56

58 (Mo \pp I 1)., 1997). I he States interest in the

eons enienee

I callinry proseer non

ssitncsses, for example, is not a legitimate factor in his or of joinder.

(us en that there are eight of lenses. occurring ser hrec days eparated in time hs nearls
a month. a

is ci the complexity ot the es idence

ranging from Delendants \u3ust 16 publiL

political .q- cech, to his August 1 7 alleged possession of drugs, to the September 11 shooting of
Defendant h\ the troopers at a gas station a month later

a jury conk not reasonahls distinursh

the esddcnce and apply the law to each separate offense State

is lii,mon,

834 S,\\ .2d 824, 827

(Me.App. DI) 1 992). 1 his is particularly true hccaus the iame troopers sscre ins ols ed in each
incident, hut the underlying ihcts are unrelated and distinct. Further, the offenses ins olse
dissimilar

ictims. dissimilar tactics, and dissimilar locations (as to the August and September

incidents), and sscrc not proximate in time, Ihat too, counsels this Court to seser the offenses,
State v, French, 308 SW 3d 266, 271 (Mo. App., 2010).
lhe State has pres iously suggested that McI)onald, 321 S2s\ lu at 318 is apposite
,

because of ifs facts. It is not. In McDonald, the charges ssere linked h the Defendants fourday crime spree in which he stole credit cards, a san, and then assaulted the arresting officer ssho

was attempting to apprehend him. Ihose facts are readils distinguishable from the ficts ahos
I ehindant made a m outuhe s ideo on \ ignst 6 cud broadens

I hat scas sc am

ilL

It n

the posssston of ma ij uana and a morphine a let for s hich a search \s arrant ssas issued after
Sgt Iolsom smelled the pot on August 17 And both Lsents sserc ry separate and did not
directly connect an time to Defendants arrest on September II under ii e ruse of a etna nirru his

compute s Sirnpl put. there ssas no crime sy

tee,

not logacal cornice i.a

hetsseea

the

or

aes

I.

Ihe faet ter. are also distinguishable from tat ases cited l, McDonald. e g Morrow, 968
S. 2d at bC, (murder. robbery, stealing a ear, and stealing a purse all sufficiently connected

1w

joinder it .slchols, 200 S.Sk .3d at 119-20 (cortinuous chain of acth ir burglaries leadin2 Li sale
of contraband and .lrugs. directly leading to I )eln&it\ amsu: lkehhald, aS S

.:t 59. 95

iattempung to manufacture met and tamperi:g t ith niotr ehieIe Inked since ear ir mcpone
the item.. :o th, nwtt. cooking site)
II.

In the afternathe. if joinder is proper, the Court can and should sever fur a

raw trial

and the avoidance of substantial prejudice under Rule 24.07


In the alternatibe, if the Court fmdsjinder to be proper, the C nirt is in its dis,retion can
fmd that the public notoriety of Defendant s political spceth and pubic statements demands that
l)efendant car. only be aflbrded a fair trial

ant

a oid substantial prejudice if the three sets of

charges are se ered. or at least the August antI Septemoer charges are secred. The se erance if
criminal offenses is governed by RSMo. 545.885 and Rule 24.07.
1 he threat of substantial prejudice i. real. l)elcndant faces being put on trial .ni all eiizht
oadcast in the \outub
1
charges preju.awo by the shadow of his extieme political Jews as b
ideo. which otac or many jurors may find repugnant or reprehensible I urther. Delendant

intends to introduce evidence at trial of his other Voutube and paper Bulletinman publications
to further place his Youtube tape of August 16 in context of his other public statements and lack
of violent histurs: 1)elndanfs pnor speech :s almr. . :rcial in natr: .and contain staten:Ci.t
against

ptt

cow iption and immoralits by trsJul)s rang nit front Jess Li ass enforcement K

i)etcndant s \lotion to l)ismiss the charge )f I amering with Judicial Officer based on Defe
in the Initutiot of the Prosecution will briet the issue of how Defendants do not constitute a
true threat under the Fight C ircuit factors set iirth m Lnited States 3. Dinwlddle, 61 ,d 913
(8th (ir 1096) Further. First Amend speed on matters of public corruption is to be esalu sled
for its public concern. which includes the factors of content. fonn .aid ontext. Dun t.
Bradsireet, tnt r. Greennuns Builders, lnt. l2 L S. 49. 761.

British cti/ens arid their Royal lamik, in essence


pwtect I

huec

c cli

iii

euiitet

ill

cicp

ilk

need to place Deindants extrrnisr F a

ac tue jur uisuke Inc Dde iuum s cu

more
WI lb Rli (WI Defendant Jeffre R. \k enhaus moes this Court to SCSI Al\ his second
motion to sescr oftenses, and for such other relief as mas he just, meet uid reasonable.
Respectiully submitted.
\ttorne tar I )eteadait

hugh A I ast od. MBI 9 62058


7777 Bonhonune Avenue, Suite 1603
St. Lous, \lissouii 63105 1941
heastwood a3eastvood1awstl.com
lax
i3l4)274473
Eel.
(314) 727 3533
Cell
l4) 09 343
CUR FIFIC\ II 01 SURVICU
Ihe undersigned certifies that on July 23,2013 (s)he sercd this document on:
Robert U. Parks, [I
Franklin ( ount Prosecuting Attorney
15 S. Church St., Room 204
Union, Mo 63084

I he meihod

ers ice: by hand.

l\ II h (IR

FILED

1 l\
RI I OR I RA\k
)l( \1 C IRCI II
C) \IISSOCRl

AUG 6 2013

SIAIi 01 MISS )I. RI.


4O)d) I

C ase

JEIERIY R. AIYsII\i S
i)eiei:,. ii
DtFE%I
tomes nr

STS ME

(0

1) Mo [ION To SI

OFFENSES

I)elend rot Jc

en

us, h counsel I lcd

twood, and states as

os

v amended

his amended seco d motion to s

under. good

i)efrndani

The sub.claiae

niollu,

01

1,

nu11on /0

iwo dating errorc.

is 11;
JCtiOll

Improper

under. ,d fin

293 S.\ 3d 471, 415 (Mo.\pp. I

Ci

iges. jnvol e

Stow

I.ove,

iner joinder of the

ii

the court deterniii

charges is proper is a matter of I

ci

r is not proper, tirer

ice is presumed and

severance of the chartzes is niand

ii

n the other hand, jeir

proper, severance is

ithin the irini cour

I.

discretion

Three disaict, unt Jatet


L)eteniat

am

Coil IlitiP fldT

us requirement

as been :lar

clm1\ ci lenseS

eriiu mcii

rvieeted;ie*.

t.

nexus a tequired

the various

to Defendant s di

proceeding.

ss right

1.

Oi

It sas oul I
I i

uhrnit all the char

3.05 jowder
eeLs 11me.
ehenit.

in

ithout
plan

antial lv prcj udicial


igle jury in a single

lar lar
..aagt:wt

lkfnar

h JJicia
1 Oflice I

RSMo: 55.084.

at to the isorid suit

inn Defendants

I es .ioii O:Tontr..l

Fxe:pt 35

6.2012vo
1
lola ug ,t
l;e

c.n:puter.

2.

lk:endan.

A$tUL

: cnarge.l

%(fl!%lafl

(iram.Oi

5 (yr rii lanjuant.

:N

LSMo: 1 5.21)2 :.
ha

Mj: 195.202

.fDefcnw its home on

I nat search usarrar

:01) only cause t:oope

die Missouri I lighu

smelled n ri,uana on Dc

ta. and ocnera1I

.LL

3.

R.

ula.

.I licers a inpttd k set

lisO. Vt

\rr. at ( r

.issault
Oiler

1.

it

trial Ac

ion

rU. (ow Off)

Is. :kjr lvlon

I nc.ass:1
hi

t RSMo. 571.

I) ssto:
I

t
D
efent:..,
Mercy 1 lospil d
Ilighisa. P.t:a

iii

..i

)5

uhscquent search

sued on August 22,


I claimed he
S

of his front porch.

ehaargeC)

iii at a gas station:

..2012 conduct as
:ait7Aftempt Assault

hr. L hIlt
3 Wrkr.( ul

OrP&PC,tTcr- 1st

,,:

lied RSMo: SiLO

\ssauhiAttcmpt

liws Wkr. Utilit V

c Wrkr Or P&P

h :J4)AnnedC:

ction

isting Intertriria

est lor.\ Felony

nbr 11th arrest-rd.

geii

Oltliirgucs

lkgr Fe ny A RSMo.

Jr

the

rfltitd to his Septe.

cnargcd is its

LicrnJaw

Ripur

in

ossessior Oft p To

2)

felony

ion

i
r 1c1u i
St. I nuis (out
o, :

in

alt i i length
hooting 540111k!

ion at St. Johns


.iy Miscouri Stale

nder

based on

jS

tv o or i

here th

ore per

e.

ore comiected a

us,

in

vhich the en

ol the same or
th same transactio
tO d constitute parts
im tetment or infor
ft

In the interest
Dizer. 11

(,)

of

of onnectedness, e

Bechhold, a,- S.

3d 501, 594-9

that arc owed ol

nked together

v. McDoi aId, 3.

d 3 13, 3

Defendant in a

i.

tOrt joinder is proper

cis that are part of


it are connected or
cd in the same
4

or based on two or
nore acts or transact
eherne or plan nua\

te counts.
Is favor liberal

state

joid

In applying the ru

he statutes

Iinar, dictionar d.

in. State v.

uwbe chu

uhie orum on the

ri

equires things

has e logically relth

scheme or plan a to each ot the ii


ac

Rule 23tu

). I hat us, eonnc

Joinder i ittiproper here.

related charges

a scheme or phm.

ttitted:

11 6 1 6 1 (Mo.

S.

requirement

udi dal eeonom

a character, are

or are part ol a e

I at 475

RSMo, 54S1403: Rule 2105; L


where the manne

es are of the same o

or elements. Stale

.2010).
as to the character, eo. a

etedncss.

atterns to link the


.1

drug.

or common

and

arrest

totemeuuts b the

politically extreuui

alleged o iiieial and

corruption. 1 he

drug charges are asud on a isit a

search warrant ser e

.lissuuri I lughas

Patrol troopers w the i)efendants

asi-related charges a;.

Deti,tndunt ineid

i to hts

atternpft

adrntssiow ihe.eu I ieie:idant

month later where.


SIC

wise pretexi

on

the shooting of

eapers ori
ore returning his

U.

compuiet equipft at to nun.


here

there t

ore o iruitiar circi

or uno

tiuts or transact

there is rio same


inected or that COns

ill

wi

here: nor are


ol a common

scheme r plan

s i)et ndant. (1

troopeo irrLlI

II :icfrc,

light of Ia. krer

c to Defendant

ibstaritially prejudic

Defendant to

ide, unre

ubmitted to one jar,

roceeding.

require

ailts right to a fair

have thre ear

l)ue p a

iss

over considerati

17).

;n th ti

emence. State

Ihe

or e np.e, is not a Ic
c are eight

a month, and gis

omplcxit

political speech.

111

ugust 17

ion hs the

kulc 23.05 oid

e\pense, ci

01

758 (Mo. \p I
witriessa

part of a common

be given priority

*41 S.V.2d 756,

i.

the annenience

sc, particularly in

rosecution
1

i las or ofjoinder
flit

oscr three days n

in lime by nearly

rar.eing from Dc

August 16 public

a of drugs. to the S

nably distinguish

Defendant hs the roop rs at a gas

later

the evidence and pplv the law to

iense. State v. Via

S.W.2d 824. 827

duse the

involved in each

(Mo.Apg

.1)1

2j ibis is part

incident. hut the

1 ing Iicts
di s nilar tarn

incidents), and

C nOL

proximal

)O,

State v. Trench,

18 SW 3d 266,

bccausL

S at

day ciii
was atten

its

lu

es involve

ions (as to th

arid September

counsels this (

cr the of hianses.

it

otiald, 32 1 S

\lv

were linked

In

si 1

end bin

troop

t)l0)

sauslvs
i

came

distinct. Further,

dissimtla s ctir

ajurv could

11 shooting of

ren ssaul

It distinguish

s apposite
endants four
sting officer who
the facts abose.

!ki:rjas

the pLs%%% or

mai, a 05:Jh
14: ...Ifla

..:

and u

nandbroadcasi

as separate from

shich a search

:ls

h ptton4

ii

c%.3nt5Wcreer

and did not

to the dttl.

i:

dant on Septem.

a the ruse of

Sgt Fol rn 5.111.

direetl) cm n:ct

mat,

spree. nor In

returning ins cc. ttcrs. S.mp1

...:

the crin.cs. I ne:

nun the cases cite.

ci,

hcrc

Ut Jst

..

Morrc,ss, voS S.. .liat ltW(mw

connected ioi

iot

,Ier ; Nichols,
raaud and

leading to sate ci

on

Si .3d at 94-

Luaupting

to r

Intheal. rnktnc, if join


and the: oxuariec of sal
In the alit rat vt. ii the (.(

find tha tlicput

1k Li lids

in:

rig to Defendant

Bechhold, 65

.,netoartcanands.

intends

..

1
tofiirthcr

,.re

.1

p.eech and pubi

1nts demands that

.ii

uhstantial preju

: three sets of

titial

i a

rietaf

aai.c

._I.

a. I t:
I

eaLt.

(he severance of

24.01.

Ik41I)t

iq.. at U

for a fair trial

its discretion can

ii

... jurjv

ver

kibepmper,thc(

ehicle linked

a lice tinder Rule 24.

criinina utfense sen iicdt.

.rh
video. 1

SI.:).

1)11)

,.

burglaries

,tci it r charges arc


S 1

charjus.n.

.isc all stifliciently


nay.

charges axe sev... I cr.ileastth.

U Stc

lrl)onuid. e.g..

1 kontinuouscl.

1.

beticen

I)etnchnt can c vi: flonlcda

.1 t

I.icennn

Ju.g a car. and stea

.aid tampering wit

since car iran.p. at he items to t


1L

issued aikr

laces ne

mat on all eight

%C% n

the V.wtube

r:jirehens:t

r. l)c&ndant

ndpapcr

,fl . ol Ins other

i& publications

:mcnts and lack

of vio1eit htstors

l)efendants f

ntro m

and imri

iLm

against publiL e

uptiun

British Clii,

1 their Ro

ens

protected pilitic.

spee

in cont

Cl

ial in naturL
ig

ninin

from Jc\

he aced to place

ae make the iurv dis

statenents

i1orcunert

1ts

to

extremist hut

l)ef.ndant

C\Cfl

more

motion

to

I iLRI.

)Rl 1)cti.iiidan

C it.luS mii

sc cr

tienses. and tor

as iii

t\

cs this Cu

he just.

mccl

ml Al\i Ins second


caso iiahlc.

Respecttblly sub ned,


Attorne h

i
1
Jar

Hugh A. L,am
7777 Bonlsrnm \ enie. Suite I
J)-I14 I
St. I ,oui
x)11u\
stl.eon
(I
heastwo d. eas
lax
7
e)
(14) 7T ,
Tel.
Cell
31$)8U 234
.

(
The undersigned rti ties that on
Robcrtl L k
Franklin (OulflV roseetiting Alt
ii
00 C
15 S. (lurch St
1ruon. Sit) Ha(S

lhe nice

h\

11 01 SFRVICE
2i13 (s)he served this doe

Hail

14C

in the In
threat is
m f i
1
Cm i 9
its puhhe
Inc. v. (,ree,z,n

)secut
Ice
ml Amend
melui
hui/Itr,. I,ic.

Ith

cuit

t
thJu

is te I hoss Defendan
I ni/ed States v. Din
cal ters ol public corrur
ii onient, Ib rn and coi
tH

based on I)etect
ot constilute a true
I 3d 913 (8th
I e evaluated for
I tin & Rradstreet,

IN TIIF C1RC II C( 1 RI FOR FRANKlIN (OtN

20th JI DICIAI ClRC IT


l.\l1. 01 \IISS()LR1

SIAIF (ii \IISSOI RI

FI LED
AUG 6 2013

BYDC
00-0
I
Case No. I 2AB-CR023

JEFFRL R \VLINIIAI. S
Defendant.
DEFENDANiS MOlION TO I)ISMISS [IlK (IIAR(E OF lAMlFRlNC 41111
JUDICIAL. OFFICER FOR DFFE(T 1 TIlE INSTI1l TIO\ OF 111K PROSECL TION
Comes no l)efendam Jeflrc R.

Vi

einhaus, by counsel hugh A. Eastood. and states as

his Rule 24.04(h) motion to dtsmiss the charge o famperrng With Judicial Otlicer, Felony C
RSMo. 505 .084. for defect in the mstitutio.i oh the prosecution:

1.

Judicial larnpering (hare


Pofendain as charged in the AniLaded Indictment, inter a/ia with I ampering With

Judicial Officer. Fclon ( RSMo. 63.084.


2.

I)etCndant hereh moes to disniis that charge on the basis that as a matter of law his

speech is protected b the First Amendment and does not rise to the le\el of a reasonable
thre:a to ati J udicial 0 icer. and urns

parlicularis as

it

is colorful and unpopular

politeal speech ne ertheless grantcd constitutional protection

his speech cannot go to a

Ju12..
3.

l)e!caaiit
niiuire

iiSO

..au

mo Cs to dismiss that charge because the

hu as

n,Jtier of iu, do not rise

II.

Facts

4.

Pie atus rc alleged is a


7.

to

statements

\\erc conditional and

a true nra:

cutubL sideo published to the \orld sside sseh on August

2U12. featuring Deidridant arid entitled BuIletinman Broadcast 8I 61 2 The Parts

Ox cr \k ith \otcs. ucailab/c of


http. ax

.xoutubc.cm xsatch7x j1 1v0J) Itik\8&b,t I I ze( liOhrncus( X

\t\jfu&Index 7.
5.

( I here is .iIS

Li

secoaJ

Ldeu

ibit UoeS

not feature captions. It appears liom discoverx

that both xerc rex iex\ed hx the State and both were reviewed hx the arresting troopers
xx hoa. proha Ic cause statements tormed the basis of Dehendants arrest warrant. Since

the second x deo, lacking captions. does not mention Judge Keils Parker, any prosecution

based on the second x ideo tails as a matter of law since there is no cx idence to support a
lindiiig ol probable
6.

1 he

xx

lOt alone guilt.)

CjUSC,

nhteil caption on the ioutuhe page is:


Explicit hut oh so true. Bulletinman has had enough of the InsaniI Constitution
day is September 17th and September 14th will he tile last day of the Defaeto
Court. \ou all is tired and xxiii be considered trespassers after that time. ihe
poxxer belongs to he people and we got an easy 70% that say you got to go. We
the People ioxx rcaliie just what a fraud the Court is not onE upon itself but the
(oust ituton. the People and GOD Almighty. No x ietim no crime. No justice no
peace. Knuxx Jl.St S knoo. peace. Where the Spirit of the LORD is there is
liherix.
.

7.

Detcij:ot begins the

idco with statements on xarious matters of public concern such as

the poor tate of the iaonom and unemployment.


8

1 he idco threatens tout the People will fire various Missouri olheials including the
o.rl \Jniuusr ibm,
s 0)0

At I

Rex

aLtil0Ii

Judges. la\x\ ers amid policemen through a

Pcti:ioim on 9-li -flt) I

I )ce. aim: Oc:Icrmii rctreices corrupt oil ends arid mn right to blast

motlicri uk is out at [1 crc


dont:

cieChCo Circuit

it

\ Oil

xx e max e to. I dont xx ant to come down to that. 1 realix

10.

At 2u4 1w

.tdtCs

POt nflt it

11

tenetalls se h.n: the right to rernoe you use of tbice. Jon. sCre

oLd

and kill

;tn.

IlL sou Jo other P)Ple.

I)eiendan. at at 8:33 that Im being generous in a gising you a month to do it


which tb Court can infer to mean the time frame for the abose-described people to
resign

12.

A ta: caption appears at 8:4u that cites Mo. Coma. see. tparticularly as to the right of
the pct.ple
mas dccii

13

tt
it

alter and aholisl their Constitution and form ofgtnemmem whenever the>

necessary

I)eleniant then states at 8:50-9:10 that elected officials who resist will be arrested. tried
by treason by a iury of their peers. and executed for treason and other crimes against the

Anierican people.
14.

Ihe tideti is .18 minutes iozig.

15.

Delendara reterenc s a laundry list ofjudges, prosecutors. law enforcement personnel,


cout cieris etc., some with particularity and some without

16.

Nowhere does l)eflndant himself threaten to arrest. try or execute any person.

17.

ere does l)efendant state the name of Judge Kelly Parker of (ranford
3
Pwticularly. iionl
County.

18.

Jungi..

iai brs

name appears briefly in a caption at 2:47, some six minutes before

Ikleidant\ statements aboat ace.q ying the court house and putting officials on trial for
treaM.i
10

C )i:wi

..

:cial. an. nancJ besiae Jt.dge Parker in a laundry list, lessening to each of a

ri. b,nLflbl: p Aer and a reast.nahle listener that Judge Parker is being singled out among
tht iilcgedly corrupt oltitials.
3

20

The lorei. oing

featurec a caption stating

Bill of Rights 6, presumably the Sixth \mend.,

S ( on,t
21

At 920 the Defendant accuses the

the Coon can infer


22.

S. goernmcnt of killing 55 million babies, shich

mean a refetenee to legalized abortion.

The xideo is part P a recurring series of print publications and broadcasts issued by
Defendant as a citizen ournalist since 1 996. see. eg. I% 1 43 (I3ulletinman print

puhlicatb.

H),

authenticated by f I -A (Affidavit ofiuch Kropf). Particularlr,

Bulletinman ideos ha c been broadcast on Youtube since 2009, at

http
23.

.y outu econi user bulletinmaji,

The oeral1 thrust and dominant theme of Bulletinman publications and broadcasts are
statements

(oil

expressed humorously and vulgarly) as to matters of public concern,

particularh that:
a.

Most Nliss un elected officials including elected judges are corrupt and
su

b.

erting the ( onsritution, and

TI e sos ereign People pursuant to the Constitution have a right to fire elected

oilicials, to try them fbr treason according to due process by a jury of their peers,
or P to execute them if found guilty of treason.

reetness or error of the i3ullet nman statements is irreIeant to this anoN sis.

24,

1 he c

25.

The \k ri I Vv ide 4 an s nich anyone may access at anytime ith an internet connection,
is or a F ispi pm4

26

DeIek a

public
27

Li

orurn

has no pro r record ol piooking x iolence pursuant to the Bulletinman


is.

Dele uan ha. no rnnmiiaI histor

tlicr than minor traffic iolations,


4

%uicndnirn prohibits criminal prosecution of Defendants speech

III.

The

28.

RS\1

.1i8.. pi..Lht speech that would threaten harm tea judicial officer or his

immeibt

famils. i:cothr .illects .sbilii ofjudicial officer to cam

In cont.

29.

Fit ,

reasonJiI: person cwinot take Defendanfs speech to be a true threat or

fighu.i.
30.

31.

to

Ji4. Parker

In the . It mauve. in h totality


the 1

out his duties.

of the circumstances,

I)efendants speech is protected by

meiidmt.nt

1st

The Fr. pcech (lausc of the First Amendment Congress shall make no law..
abridgia he

tk%L11 of speech

as

applied to the states through the J:ouneenth

Amen..Tt at can dcieat as a matter of law charges of tampering or harassment that do not
constitute a true threat or t. reasonable apprehension of harm. See. e.g.. State s. Wooden,
No. St

)_

.4o iJan.

.<.

2013). ihat is particularly true in the context here where

Dclbndaa is a citizen journalist aid blogger with a long history of li. ely and sometimes
offenz.: e .aiucal slatanents against elected officials, but no record ol s iolence.
32.

(First

in ndment

anaiysis of political speech of public concern is appropriate also under

the Irec. s ech pmoi


those
33.

i it of Mo.

Con4.. art. I, sec. 8. Missouris free speech rights track

lateral onstitution.)

1 sspcetl
Dcletiu

ol h

)n

r atwn

it.

Dun

. .i

7 4

BelIun.,

t5

IsIpe:ci.
,

[11).

vi.

matter of

uF tic concern, as

of public concein

determined by all the circumstance

s at the neart of the I

irst

a bradsireet, Inc r. Greenmois Builders, Inc., 472 L

u of Powell.
Thuc I 4724 it

J I (quoting flail wa Bank qf Boston it

I he First niendment relleets a pro Ibund national


c

7.

tin the principle that debate on public issues should be uninhibited, mbust.

cominr

ci

wad

oj era. %a, York Thna (a p. Sullivan, 176 t S 254, 2O (1964p. That as

bec.aa peech concanmg puolie aflhhs is more than self-expression: it as the essence
at

sci 1-

iernmcnt. Garricon a. Louisiana, 379 I. S. 64. 74 75 1 9b4). Accordingly.


.

spe:ct.. a public :.saez. occupies the highest rung of the hierarch> of First Amendment
altn

xl as en itlcc to specia protection Connkk v. Myers, lol U. S. 138, 145

(1 9dia ate nal quotation marks omitted).


34.

Althnu... the bowaiacaes of what constitutes speech on matters of public concern are not
weli

the t :.S. Supreme (taut has held that speech is of public concern when it

sC. a Cd.

can he a:tirlt coisa.btd as relating to any matter olpolitical. social, or other concern to
the cona unit>
conc

iS at 146, or when it is a subject of general interest and of value and

tthe Pt bIte. San Diego a. Roe, 543 U. S. 77.83-84. A statements arguably

inappri praatc or .nroversial character... is irrelevant to the question whether it deals


with rn.uer of pullic cuncern. Rankin s McPherson, 483 1. S. 378. 3$7.
.

35.

lo d:ca aliaa: ss I etic: parch is ot public or private concern. this Court naust

indepen. end> exanine the coancnt. form, and context, of the speech as retealed by
the vi 1 record
761.

:.

Dun BraLctree4 Inc

Snv

Greenmoss Builders, lisa, 472 U. S. 749.

in ader.n content fcc cia, and context, no factor is dispositiie. and it is

nc.e -a.. to ci alaat all .ispcct% ol We

36.

a.

::lcr. fpuH

P..

to an a

tt

1-a

I art

interiM

St 01 SJu

I.

Iliad

La

speech.

concern vi heat

it can

be fairt> considered as relating

al s nil, or uher concern to the community, C onnick,

supra at

a ctolleglinuteneasinteresvthati% asubjeetof general


am U cnnierm to tae public. San Diego. .cuprcs. at 83 84. &r (ox
b

Broad. atting Corp. v. Cohn. 42(1 U. S. 469.492494 .l95i: Time. Inc.

11111.385 U

S. 374 7388 l*i. the arguably Inappropriate or comr.n ersial character of .t


statein
lanA.
37

is

:..

irrdei ant to the question hether it deals nith a matter of public concern.

tIcihenvn, 4i U. S. 3Th. 387 1


l87
.

The en.win of I)etendantts ideo plainly relates to broad issues of interest to society at

largi.. tamer than ma ters of puiely private concern. Dun & Bradsireel, nqra at 759.
38

While h tone of thse messages way tall short of refIned social or political commentary,
the issue inc dee highlights the American economy and unemployment, elected

officia, a..t etc. ted judicial coiruption. abortion- are matters of public import. The video

broade isu l)efendants statements on those issues, in a manner designed to reach as


broad
39.

unlic audience as possible.

Judge .wIIy larter s name appears in a pop-up caption at 2:47 in the video, some si,

minute; ieftre the a!:ged trcat made by l)efendant at 8:50-9:10. Even if the video is
flewet. a c. attaning a message related to Judge Kelly Parker specifically. that iould not
changt the fact that the overall thrust and dominant theme of Defendants video spoke to
broade

ablic issues than Judge Parker That is particularly true as other law

enlorcc ment and elected officials are also listed by name in pop-up captions.
40.

(hen I. a l)eIindth is speech was in a public forum on a matter of public concern, that
speech

caiu.n;.
beuroc

ntitkd to special prote.tion under the 1 irst Amendment. Such speech


r%tri:teJ

,.

iie:ple

wre!y ecaiise it

is

upsetting or arouses contempt. If there 1% a

:cr,nL tue First Amendment, it is that the gosemment may

prohrn.. u.. exrrev.n. n nf an idea irnply because wclet%


di%lr-

Ia.

it

tinjs

sot

the idea it..elfot)ensive or

Johnson. 491 F. S. 397.44 i1989i. Indeed, the point of all


7

.
1
spa

fl

it

14t

aoCC! 101

.or ewi.

k to snield just those choices of content that in someones c)es are

turtM. Ilurley it Irish-American (say, Lesbian and Bisexual

Grou,;aflioswn. Ia,, 5j4 L. S. 7 574 j1995)


41.

Nor : a: d.c State


a ara : u

flit:

suby

:n

juror-

that lktimjanfs video must go to the jury because the speech i

uusnev. is a highl malleabe standard ith mm inherent

a1t.i

it

hich ouiJ allts a jur to impose liability on the basis of the

1 $tc. or .w n. or

Jluws.r, -. I. s..
.

is Tha

iae

..

.aa: Lu

perhaps on the basis of their dislike of a particular ecpression.

55 onternal quotation marks omittedi. In a case such as this, a iW

be:. i;ral nitl; respect

etx miii an instru nent

fur

to

the content of Ithcj speech. posing a real

the suppression ol... vehement, caustic, and

sometiiii:s unplcascaf tJexprth.sion. Bose Coip., 466 U. S.. at 510 (quoting New York
Time, ;4
o U. S.. 4.270).
42.

Such

i i i&. is tat:

piable: ii public debate Iwel must tolerate insulting, and e en

outrat otis. speech :n order Ii. pro ide adequate breathing space to the freedoms

by the FLu AmendmenC Boos a Barry, 485 U. S. 312. 322 (1988) (some

protu.tc.

intenul quotation i arks omitted).


43.

hat 04 udant a i. in the holc context of how and where he chose to say it. is

entitk

it)

oerc m
44

pedal

a pate

utection under the First Amendment. and that protection cannot be


.t;al cur

Iii. p if

ec:h
o I.e. 1

fat

ocuti

pi sit,

rmjnj

inJin
to

hat the idco was outrageous.

in he dispute. C4C0 shere it incites people to anger: in

,l i:illaminatory content of speech can potentially be seen as


it thy

if

Chicago, 337 1 .S I ,1949 (Douglas. Ii.

45.

1 he (.on%titution is not neutral. it was designed to take the gosernment off the backs ot
the jeuple Justice William 0. l)ouglas, The Court Years at 8 198W.

46

Defendant anceces that free speech does not permit lighting words. Chaplins?.; v.
New IIan,pshire, 115 U.S. oc jI942)upholding eons iction for breach of peach where
Appellant strball> attacked a narshal by shouting youre a damned fascist in a public
street)

47

But h.tre. as discuss d ua. sse

are

dealing not with Lighting words but rather with an

Uae Inca t:,at is. spcch Inst would put a reasonable person in apprenhension of
1
allege
.

harm
48.

Under the k

taut) ci tie circu.nstanccc the form. content and contest Defendants

speech does not objectivel) constitute fighting words, nor does it put Judge Parker or
anyone eta: in a rea onable appr:hension ofharm by threatening to interflre with the

pertorrnanlL oi Jut eIarkersjudiciai duties.

IV.

Derendants speec in contest Is hyperbole, not literal

49.

Defendant s speech
exagccrzao

as a r;

3 perbolic in tone, not literal. I I>perbole is marked by the use of


h
torical

device or flgure of speech. It may be used to eoke strong

teehi s r to reat i strong .mpression. but is not meant to be taken Iitcrall>


50.

In cur tr.ahtaon ci
hypcr. ot.
and

un

cticisn.

ta emi

artieua

L aga
I

...

e judicial notice that


1
o: public officials, this Court can tal
ist

public officials htne been routinel> made both generally

.o ikL nec.eianl intend what their plain language states

r (its Sarih Palm (R-AS) produced a political ad puttmpwrtam

I) q

eongi. men ii the erosshairs and showing a map of congressional seats


9

%t

with .i nile cope sics superimposed and a list of the congressmen. Ste Jeff
:

nkts.

..n :.

S.

:a i. luif It

t.Cifl 20W
1
to ijk

(324 sahjnspac-lgts

1 htn a). ft. aLso (sabrielle Gifford.s was on Sarah Palm .s

ji.j

cliar3

9.2(h

i.

).tJdn.9.2011,Ut

I..
&L

U iuts Gun Sigluc (hi Democrats Shec Jargeting in

.1 h;ciovy qi violent words used against Giflords. S.F. SentineL

t.s

lc at lpip iw%sjinfrjyiiscosentjpe[m ?p 10235)0).


.q. Cal dell Ciilibrds (V-AZ) sas among those targeted b> PaIi&s

wet

ii.

Gd

i.

tu

w... later shut by a mentally ill individual named Jared lnughner.

ibequently pleaded guilty to various related felonies. U.S.

V.

Lo,,.nner, I lRIS7ItJC (D.Azi.


iii.

.:.l.ie

r.

rersuh

would not believe Coy. Palm advocated the actual

dio ng of an congressman, including Rep. (jiffords.


.s.

b.

Sc ititicil

Aa wrican
lie

%sat3

aNn 1w. neter been charged with a crime.

is.

I
;;.

e md isidely accepted polling indicates some 29 percent of


..

at n
I

ii

armed revolution in order to protect liberties might be

few

lk.brbte

.r

n. ant

cx

si

years
.

iSa,

cpexh can be read either as a hyperbolic

belief o as a statement referencing a popular sentiment

a dilect

rib

with another the percent unsure. In light 01 such

tlueat b Defendant to Judge Parker. See Beliefs

,ver-L p Ousting Revolution Underlie Divide On (Jun

1(1

0l

01

(o.

t.,I,

nhl.c
1

;it:;

51.

:s. naMe

t)flh.fl

actual tlirca

ff5 Li

Ia. 2fl guncontrol

:ii: :.s of Lki&Ianfs hyperbolic publications and

here. gnet. ac lens


against pt.i I

52.

Fm clI,a i ickin%on P dl (Mar. U. 2013). availabk at

prson would not view the siden in context as an

.cutc Judge Kelly Parka.

i idie KcLy P titer to the

The pwticu. react

broadcasts

video is irreIe ant to this analysis as

arid has nothing to do with the objection reasonableness of

such a rea.t n is t

l)elendam. speeci
53.

.itthes
Itappears 1

urs viith the lbrcgoing. as it has not designated Judge Parker

asatniIssi.css. 11

I as nut aesignated Judge Parker as a witness either in his

supple.nen

V.

di..th

irue tI.rcka
70

55.

of i)inwidrlie analysis

q rnendincnt protection. Waits i. United States, 394 U.S.

(1 )b

In eaIuati

factor anal
(8tlLr.
a

ii

lint

tab..

cvnditional, and do not constitute a true threat under the

Defendant nateis.
subjeeth i:jeelis

54.

s)

wlictl

set I

b is a true threat. this Court must be guided by the multi


ic bighth Circuit in nited State, r. Dinwlddle, 761 3d 913

,.

ctiii

n ot the threat and of other hgeners.


I.

i:ional.

cnn.municated directly to its sictim.

II

\\ other a e

iher a
pa) erisj1 to

56

Defendant
a.

u. ik.

.a

ti

(8tl

CL

or the
(

ii

casorac

ir. I

Cr

cot.J not rcaNun:t


prc mh

in ic

b.

I he peeJ

1 lie pcec1

tC;

ttte

threat under this analysis.

uc

lulled Slates v. J.FLIL, 22 F.3d 821. 827-28

00

fictual context, the recipient of the alleged threat

Ci)tre

a a it expresses a determination

id

or

intent to injure

it ic

.J Ri.ai.
a.

iii mi.

c.

itted directly to Judge Parker.

d.

Dea udant aad umade o prior ge

cii

e.

Dea adam tad

nage in violence, had no criminal record, and

arrc

a cnmi

arroimt. S

.1

to

p.

1 he condo. na1it

doleda a

court can re sonah

sunmi. e

Judge
fiurI

Park.

but i itei to

etc it

h\ pernolo

In

Cotitesi

purpusel.

ci i

ci Ti

allowable
58

:o

\as ot Ic we d a

57.

aelie e that the maker of the threat had a

ide i c

:ad made similar statements to the ictirn in the

i:o.a

aflL

1)L

e.

ae

em SOfl by the Missouri troopers who executed his

urn, at 30:21-22.

ci

peo

It is

daI Del nc

a .e a

..

c i

0tCii1i ti

0;,

01

particularly important to the analysis. The

.llts intention

was

not to intimidate

at

dc

an

the alleged threat

or

for

frighten

purposes of rhetorical

coerce Judge Parker he orid what is

c.isonabi be construed h this


ii.

or

c. statement to his audience. I his intcfltion vas

ittici id

o\\ 11

e.

directed at Judge Parker.

(nit ii

le or coerce Judge Parker, and a

reasonable

eatening Rather, Deldndants speech


pitik)tCs
59.

GI

(In tm. alte

c over allegations ofjudicial corruption.

ieand
cienJ.u

I ret a

reasoniw
inlendLd h

taut

iC

ords r

Nt OL

6)

this

mod

at

I(Ls(lfgaIl,

i I

62 (Orb

0th, Mere te

Court

can adopt the Ninth

Circuits

vond a reasonable doubt that Delend tnt

Ct)flc

States r. B z
(,i

ouget

by Judge Parker as a threat. See I tilted

Cir. 2011); United States

)t
t

i.

Cassel 408 F,3d

regard to the victims understanding is

instil Ilcieni.

VI.

The Iightn

ircuut plirs

evahiated
60.

r tilts as to

h ihei

sub
c
ctis oh
jectiveh or 3

Del enJant a knossiedges taut the tCJc. a

ppellate circuits are split on whether the threat

is to he es a I ated o jec ii s ci s a subje


United Stati

hether threats are to be

v,

fl/i Ic, (7

hh Cir. 2012) with Turner, as discussed

d 1 8,

Compare Dinwiddie v. ith Bagsarian with

v.

bcios
61.

62.

DL tbndant e ace les

tat

ti

recipient cat he on

01 a n

Del endai,t

speed

sas in

to lade K

s P K

In k I J
re ct a

P, ik
t

1 eLli
s

Ictu iIl

tl,t.

JiI,II,, 2.

d %I 8

ft

I gih C

lt.tude ul tic irs in analyzing the speech. I lere. however,

,c

ad

t
i

t
t.

a communication directls transmitted

at trial, either, as his suhiectise

my as to an objectis e es aluation

i ion

( a

not

testify

a I

50 ie hi

in Diii widdie has held the reaction of the

i.

-+

legally or

to the speech itsel [ united States v.

I he admssion ot vcipient

reaction

testiinons

oe

iejud.

juries

is

ocea is

Os

ii

er tneir
i

apact

Ic

Iru

I hn a

Spetch a,

1 be ( our
anaisses

si

64.

rs n

iry ill trust the recipients characterization

te

Jennifer

E. Rothrnan, Freedom of

Public Policy 1 (2001 ).

als find l)etenda a s pr. cli is not a true threat under other circuits

appeliate r iges a

tests lot

ii in

ma hase a tendency to he oereighted by

in

ompam the Secoad ( ircua s recent analysis of true threats against federal

1)etendan

ha

s n ins met Ii cditiori, m o hers of the jur are likely to he sss a ed hs the

emotional

63.

Ir i

il

sper .

a I 5. r I a iier, No. 1 1-196-cr (June 21, 2013).

cat

dde a usda

under the fbcts of Turner, and under its legal

threr

tin

1 he I)efeia ant in lurner 1


ublished a bloc on the internet. his hiog posts included
statements uch as.
a.

t[ n the

onstau in or die

IF e blood )f the thi e jaci s a

11 s iudge

dmdn

the in

Id replenish the tree of liherty.


scat by a gunman who murdered another federal

in Chicago
d

11 a udg s had not laced RI \l free men willing to walk up to them and kill
th

for

air del a

1 de ulir

a a I a

a
I

LL

tic

s
IL

ice

mid

nsc
I

ci

di

hence
o sleazy and cunning as to desers e the

65

l umer aIM
vell

postu.

It

as a iii L[) to

or

photog tlis.
C

courti

u dresses, and room numbers


I

OUSL

for

each judge. as

\sorkcd, and a photograph of anti-truck

bomb barn rs ou side that coarr han


66.

Turner had

histo: of links

World (ss.:nd at ne

shared their interinons


67

to

ioe:a aoups

noun

\va :n

thre t to dis

EBI in1bant as to his ehsite isitors who

ml nt acts 1 lurner was later dropped by the FBI).

to ecirinilt

Turners wihsiIL resealed a I ish F


together

such as the Ku Klux Klan and Arxan

0.

Ia ements

with threats against other olhcials,

ehic.r oniie addresses and mention ofha dig enough

bullets to put then dwn ha


68.

These tict are iisanguihahe trout

a,

Wei

nio

a asiant case in that:

rhaus nm er in ide rafdrenco


strained reading 01 a

six

executing any particular judge bui for the

uiiute apse between a caption with Judge Parkers

name and taternents recard in execution for treason).


h.

\\ enoharis

c.
d.

nm

er icldreinced otler murders.

onhaus did non exhort oihersio kill Judge Parker with any partieularit.

\k LrIhalls

iC\

er p sled maps

usiniess

information about Judge Parkers

coot house
c.

m ilnaus eser threa[cried


The

is fliil\ ci

Ifl\ at a aourthouc

n1or

-.

1 olsom

cii

ld

ar s u

thr

I )rL a

e irihi

il disobedience and not a threat to commit

ia IIt::,iOi I arrest Defendant on Septeiriher I F () I.


it

ip any particular courthouse, and indeed

to a

lc.1s
.

urthouses that \\einhau

might oceups

designated with particularity, and conceded

tIer )ccupen.on itself ran be p re I nil). bce, e g., Lx.3 (Depo. of Folsom)

4-

c n icted q on ii gy ation for a true threat

69.

Th. I unit

Ut)

70

A .pht S

d Cu ait pane.

the tollo

iactc

Iii

b.

lui : s rc. irences ti

cons i*..

Oil

On appedL bdsed on

trio ass ott: e tt mkd liscussion of killing (the judges j.


past act of

iolence. particularly the murder ofanother

lj idpem(hicago.

I u i ers pust itatcmaits calhn for the death of a federal judge. and apprin ingl>

C.

tic ta g

d.

Pt .11!

Ihe Fun.
is

iintraetion and

..

r,.

a.

ft.

71.

ii flrir.d

to placs..

h t subsequnt tic

r tide:.

h t Luapl.s. sort ad lie ses and maps for the threatened judges

Jso found that intimidation can constitute athie threat when the intent

t.ourt
...

victim in tea. ci bodily

&s. in

or death, citing the U.S. Supreme Court case

I irning I irgirna . B. wit, 538 U.S. 343. 360 (2001).

proscribint

iois

VII.

Defendan

sp ech is not incitement under the Brandenburg test

72.

The I S.

remei. oun has long dis.n sished incitement from the mere advocacy 01

the use of srce or


the lorm
73.

i.

II

aw

ti

)lation. Bnandenburg a Ohio, 395 U.S. 444.449(1969).

ii p it the kit

i. 1 irs

To deters ic h ilatent. d.c proper t


inca:.

attn

Id a :ng immrne,.t Lit Ic


t

r cndment protected.
\ to look whether the statement is directed to

don and is hkeh to incite or produce such


it S 0108-09(19R)

: ollns .lnbun.

16

Its

74

lndtemei
ifacne

di tng iishabh. from a hu threat. ?sew YorL

126o5t:.t
75

1, i 1.3d 184 196(24.

at

w.

is

that

ii

pn cc ted under an incitement anal.sis if mac in public as part of a


g.

.1. ICP. (linborne Ii irdware, 458 IL .S. 886.902

1rn2i ia: riling .irst Amendment ;

76.

treak.

n:I

2001): 1 n&dSt,fl v. howell, 719 V.24 1258.

lwlcnian s Ynutub., hr a. 4 which might %eem

. i:,mun ca ion. 4
1
politii.a

to

reL Spitzer s. Operation

i9s3i

1 en ann. It.c aalz


threaten v

r.

iainn

txion tt.

:at public rallies threatening

ncckjsj of thoc ho broke a bo>e

4 segregated retail stores;.

1)etenda 1 sap tech 1crc in i public for m. the wet Id

seb, did not rise to the level

of an untquivacaI. unconditional aria specific expression; of intention immediately to


inflict injt r.. I nitedSioies v. kelner, 534 F.2d 102(:. i! (2d Cit 1976). In that case.
by contrar 1. iie kelner l)efendants conviction was alIiri... for the statement. bblwle are

planning L

VIII. Defendant

dssassu.ate

Mrs Araihi. ccr>thing is plmn

in detail. liL at 1025.

speech does not constitute fighting north, a ad Is factually

distinguishable from Wooden


77.

The %lissc4 n Sup eme Court recenti> affirmed cot


56JO.1j
to a St. I
go

t itr

ass.,
7$

.au ,c5.09O. I

:1
I.

i.

i.

he wih a

awed oil sh it
1 un

.r.sicu.tJohnl Kimna. cater.;

t ne

lt;iIhlNt

or harassment under RSMo


.

ii> aidcrwomar cal!ii.a na a bitcl arJ a

C t. )fl. .ii

sihuc the Dckn..u.t .rr aJitdual emails and letter

.Ith.u&,. K ha:a.siicnt erim. in U..nd.n

RSsk

c i

tith a

is disiiz:

UI WI. %4s tan t:. ..tt

ezeber and threatening to


nd pop her eherr> like

SC92846Jan 8. 2013)
alicial liarassnient wider
.utIl the same. RSMo.

S
565 090.lclfl and 565.090 1(5) require a showing that the tl rats put the victim in
brca,onak e apprelenion

lTer..ri. p i.*l c )ntact orl in

Lhcjudiciaa tampenng

uirs the speaker s purpose to he to iianiss. intimidate or influence a judicial


4
statute rec
officer in th: performance ol such oflucers official dutics. Although the showing is

different. baLi are essentially an objectite reasonable person standard as to the imminent
harm or It. ianent effect ii the $pcc:h
79

In

Itooden, t e Mu. Supre.t (ourt redeJ mc l)efendan(: tppeal on First Amendment

grounds bet abse. alter a detailed factual inquiry

into

hiq speen. it found the speech

contained words that. taken together. thmugh their wry utterance inflict injury or tend to
incite an tn nediate breach of the peace and are not prutecttd by the First Amendment
or the Missisuri Constitutior.. Id. at o. quol;ng Chaplinsky, spra. 3(5 tI.S. at 571-fl.
80.

1)cfeniam. speech here is lactuall ekiinguishahle from tbt of Wooden in at least flue
respects:
a.

W oct en sent emails directly to the lderwoman he threatened. Defendant, by

coitrast made his speech only

ii

public forum (the world wide web). in the

contet of s regular broadcast and publication of 13u1 etinman, which criticizes


alle c. olfl:iai corruption.
b.

% t den had no reputation as ft harmless hut colorful political commentator


D.na.uant Is a citiaen ,ournali%t and blogger. knouin ; Crawford CounL (where
Ii.
%t

lariai :ts) In ha. anti

!.

aament uiew.. C. sect matters as to the

irnt.

IS

f
Is

den mate relerenca. to d.tting otT a saved-oti shotgun. and that he as

c.

to make a me

!l;: r

:t

ot c.

d.

e.erytlung ith hic .awed-. .:17 Defendant made no

h.s renonai uie of Iaa.11

t,rce.

reterenced a.mself as domestic terrorist and referenced the shootings of

Prc dent Kennedy, C ongresstsoman Chibrielle (Jiffords. and U.S. District Court
Ju i

John Roll. De&ndant reter:nccs no other shot t;ngb or murders.

x deWs tone tas maniacal ted menacing lk&ndanCs tone is hyperbolic, but

e.

no n.t.nacinp
f.

IX.

A o en had a histon

The C

criminality. Defendant has none.

of serious

in take judicial notice that Google has not rcm. ed the ipeech from Its

outs

aebsite, ci: pite I outubes Commumty Guidelines and


81.

Ib

rerms of

Servicen

Defendax.t\ speech .sas broadcast from the Youtube website. osned by Cooglc

1ncorporwt.
82.

Defi,ndai: peech is stil! pocted publL

on

the Voutube ebsite. at

aan. .*e bt
11
http: wv. gtuDe.omucer nuiletin
.

83.

Yoututc;. iatains I ems at Sen ice bs 2-13. cavailabk ca


.

jts

avwt..ni

84

Al1idait of hugh A. ltastisood.

I he I
a.

i:;

w., oji qh:.:omstatic?ternplate terms, and (omniunity CiuidelineC. Er 2-C.


.a tfly. us.yat.tubc.con; I etmrnunilLikuidelines. for Youtube users.
a ;Jt (ill tline. zcluJ.,.
..

: :ike predm
:

, .o

prs sr..

:.

na :

.:: ala.

talking. threuc. ha! .: .4Ilaent. intinadation.

..

r. eaimp ,.t a

iictpl& perconal nnrmation. and intitiig

commit iolent acts or to siolate the I erms oft.

19

arc taken ery

wsl Anyone caught doing these things may be permanenti


I. tube.

85

anned from

The le-sn,tfSenieinclude..narasc. at6.l:


z urther agree that you sill not submit to the Senice any (Qntent or other

a.

tt.nal that is contrun to the You tube Community Guidelines, currently found

ia

w.youtt.be.com t conmiutaity guidelines. sihkn i uy I up I t I from time

86.

% hilts

mc. or contrary U applicabe local, national, and

14

IsatiOn%.

niernat ma ia

and

I) cadant suggests that the standard for a threat is an objccti e one, he

ackntns

discusscu

s that the fedend appellate circuits are split on this lcgsl standard (as

Iove)

and therefore ifthis Court adopts a partially subjecti.c. tan lard, the

continue 1 picienee of Defendants speech on the \ outube viebsitt

u.zgccs

that Google

and Youtute to not find Defendants pcech to hate violated their C ommunity
Guidelin.a and lerms of Sen ice.

Wl1lRl .Ol F Defendant Jetirey R. Weinhaus mows this C )urt to sL


motion to dismi

1W

defeet in the ins

tLtlon

I. Consutu

chaq..c of Iampenng

alt Judicial Officer. I elony C lMlw 65.084. for

ot the prosecution. w. that l)efendants speech does not:

true thteat.

2 Put Judi k l Pukcr in reasonab. ipprehensic n of harm


3. C. onsati
4. In a...
and It r

it

men no

i men

i ac

1th

I \I% his

em t ther relief a may be 1st. meet and reasonable.


20

Respectfully uniicd,
Attorne for I)LnJu1t

H
.
1
MBL r)2058
7777 Bonl mn:. A cnue. Suite I
St. Louis. Miss.ri n3 105-1 )4 I
heastwood a ea\vJla\stI.om
(34)
Fax
ic!.
(314)2
Cell
431-F su 2
(1k 1 lFl( \ I F OF SERVICE
The undcrsigu: rt:iies that on April 6. 20 3 (s)he sered this document on:
Robert 1:. ParKs. 1
Franklin Coum r ecutinc Altoniev
15 S. Church SL. Raorn 204
Mo 630 I

The meth:

k.

hand.

FILED

iN II if CIRCI I I (Ut R FUR FRA\Kl.IN (0 N I V


duth .1 1 )i( 1 \1 (dRC
S I 11 01 \4ISSOL RI
STATE 01 \il,

AUG

62013

;L I.

Case No. I dAB-CR02400-O I


P NIl \I,S,

JEFFREY P

1)ei, e

AFFII)

11 OF Jt DY Kl{OPF

Con s n a .1 ud\ Kropf and stales liar her Atiida it:

Juth Kropf and I am an adult capable of makmg this AflIdait.

nani
l)eierd u,:

iel ire R. \ einhau

is ni lornier husband. Our nnrri.ge v.as Iegall\

dissoRu: ,n \Ia\ oldOI3.


3.

Attacue

pub! ical ion


4.

arious editions of I3ulletinman. a

rilten and produced I )efcndaiit.

1 these represcntati e conies in particular.

lor the ast In or so ears, Hulletirunan was produced in print format and distributed at

various

o c places in Jetierson cuunt\. iii Cra lard Counts as an attachment to the

Bourbon I
vii:

stander nespaper (also published b Defendant) and in other places in

has U

6
De1i d
hu

01

Ihrone. m liarmer marriage to Defendant. I have personal knoledge otl3ulletinman


gencril

5.

xhihits I B are true copies

Further

heei: eretteo.

hi ough the internet


t

duced and distributed

ns lri:cr husband

iil1ennnan coin eh e md on \ outuhe at

tunecom user bullet jiman.

I ant sa eth not

DEFENDAN I S
[.xhibit
I-A

.i iuiirm that I ha. e rea1 aud niderstuod this documcut. I decLare under oath
I hereby verd
o perjur that to the hest ol ns knos ledge all the statements in this document
and under pci a
are true and erict.

ddy Kropl
State of Mis .w

Counts ofS I
Subscribed ad

I
Notary PuL

heidre nie tn s
/

4jnencans indeed all


men remember that inn rhfinal choice, a soldier
pack is not so heav a
hurde as a prisnm.?s
chains Ike

BulletinmanCom

314-800-3652

na

ducet
pure
tual
rnen

]kpage

i)I11\1)A1 S
1.xhihtt
1-11

a:

ccc
\ieajwlale back at the Ranch. in ieflcrsori C.ounts still Judge Ilouchard sits oct the bench
,uid larniny Herf is raking 0 in. ilase you seen the drug court contract? Iii your face cvi
Main and Boyd
ucnee toat the (ourt is a flaud upon not only it self hut every tiC who it comes in contact
DoSoto
with. Our goserument is so screwed up. the Land records are now ruined since the Recorders
Sit Down or Carry I..
ot Deeds has accepted the MER filings. Do you really beliese that the ote count is honest?
Fresh sliced deli meat. ta, te a
it hey are .sting o ith ansthiric but paper ballots hand counteti it cart be rigged, in this da
an
junk here Fieh ba,ed
.irid me even without a vitsilant oi:ntv clerk. Assessor, personal property urx l.and tax
sandwiches sou[s lot c.l
El. w about a sales tax to i use the i ads and put out fires like the Constitution calls br, With
specials call 636 8ca i it 53lt tax out scrnrnent truth fitnution in the capacity it was created for. Po protect
Mon-Fo 7 to 7
Chuck about his lot
ma:,iean our Cod giS en cii uts Keep pra ing. Have nut heard
aa,l
Sat 7-2 Closed Sunu.
next to the Courthouse. ihoutch mere was a protest at the Jail on Saturday June 16th in honor
of Bradley Kingery who was found dead in the jail on Memorial Day morning as 3:30. Brad
Spotted Horse
would
55 as 24 being held on I believe a failure to appear traffic related warrant The JQSI)
Antiques & More
not even let the Mother look at the body and refused to turn over his belongings. Now his
200 S. Main DeS w
brother is in there ott some 13S1 What is up with that? To top it iril finding a lawyer to sue the
636586- 539b
Sltcrifis department is impossible without a huge sum of cash upfIont fri Jeffco carpet
bagger
lawyers arc coming down trom the City and County to do business with the Court
No
WedsSun
Open
I because most of local attorneys have screwed at least one member of eveiy family in the
Republic of thu
runty [tie people tire fiat broke. tiusted riot to be trusted and now die trickle up effect is
Ravens Brew cof
L.rtuig to Show When peopLe :1-sc it all that is when they lost, it. There is a case that has
Your One Stop Gttt
cen going on in Jctleo for osci 7 years hung jury once now they are trying to get these peo
pl agait based on the testimony of a 12 year old. These folks have spent $250,000 on lawIleartiand Rea:ty
ycrs and die probieni has not gone away. These charges should not have even he fed in the
PA iii Jcffeo. Now you
50 Jefferson S
I first place Seci,nd die lawvet they hired who said that hecanie the
20 thousand that is,
DcSoto 636-P
1
iarnrnorid
Brain
and
30
Iorrest
paid
people
st ould think that idler these
Buying or Selling Real .staEe this matter would have vtuuslied No it gut to transferred to St. Louis County and they
call Patty and her a tuits
sceflt and gave the Dig city lawyers another 50 and they still awe them 100 fbr a hung jun.
THEY SJMPI, i
I hey are now lawyer less arid htokc, llie matter has not gone away even though the alleged
GET RESll
ictirn ha,s changed tier story at iCatt three times arid the uric ts ho took her to the police and
started the whole baIt tolling ss as just picked up and released ,tflcr lie was On Jeffcos most
rGfo(wIFIR
,,ruited list. My (Ol) people you just cant make stuff like tins up. By the way the system
who was the accused
TI
ir..iced the trouble uoung lady nto the home ot the actual abuser
biolhcr. In short otdcr! Itiat is just inc of a hundred stories I could share arid the Bulletin has
Athena School & Flu. r.. oIl
67 Dusts
a very small footprint. Sad what hase we become? Is there any accountability left? I for one
636-337-55(11
cm not get any justice undei this system and Im afraid Im not the only one. They that be
part of this is that
You can trust Pan, S
a ith us are a whole lot more uao they that be with them. llie real scary
If its Broke thr n
i,:c[e are certain people who ate starting to figure this out wiio are trained killers under oath
If its not they di n.u
who make a living under
t,, defictid our Constitution. 1 lint spells lROIJBLE for die people
cs
Honest Mechanics tr
laces. Die> first stole the
diftcrciit
though
story
same
(
otnty
(rawlord
in
lass
of
cokr
a
Computer la,- i
raided his place of bust
ccc
ti
tn.sk
the
c,ctttai ii oni laura in Bourbo,i roth on May 23rd
as
Safety and F
Larry was selling
because
(bat
went
all
flits
children.
arid
cdstoi,iers
Inc
tess teiroi iing
Inspection
5cusCk get high even though it iS- labeled riot for human cnn
1
incense that so tic pcllIars worth of insentory, com
, totally t oat lhey stole thousands t
5
inptior and is I (Ks
. r to top it all off from las ha s at Ounts I nough keep in
5
ti_ta, : sit, cashi is c her k
Genera! i
Ft ci per ha sell big Or is
ts they cs Cii atTested t
1 pr.
ru ic .lniii,ce, .1 or t,
and
product LCti th-ugl. C iiC5cf took att nriones Vi is tt going to take How much
y
U,c las, paying ettizens of this (lice great state are paying these
tre niust we cu,j
306 S. Man: I
tul enemy is You have been
to
i_ti your eyes and see who tli
o
tune
s
inc
rUns fsoW
636-y8t
brain u lie,l into ttuiikiiiig that the 1 and the police arc the good
rd
deceived
tOo,
d
Banners I
i isks md cayan mactune
I ,iiC to luot ,,,,,r ttff CIt., ruodi the rricssscohirg
All your
asiue your pride and open
Ii at your ii u ted puohic Sets cr15. Would you please t-
though the
Priiitmt
or eyes realizing that die dc ts a liar 11w enemy has ta iii in like a flood
is
prayer for
A sign of a good o si
aid ti us Is that hid is ,tll on bc throne and prasem chiaipc thtigs It my
itt and cast
i:h
is
w
eirts
en
itt
If
ize
r
cal
people
ness is a gout
tir
eat a a aver i ItO I, ac a r,00
,itiW.
ml them hut
C1 tg at)
a,:
at
then:
F
lies
\jcre
si
Itt,
s:;l
,c
C-alailo
11
.itt ,,t

Downtown I o?I

ard macb
Cheap Ii

Irons

-,

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rts>
Off Road \
Pzr
Save a tar -,s
Before SoL

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0

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srould be sc no

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Coma

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C
-

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u
or

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i e
9
nti

2005 M
h3ia

AReal LenA

Ovrrr 35 Dr
Brew Cef Lee
aTeasG

lotiarl
Resale ii

I
,j,it

Futy In in
Retaining
Natural
Dan 31

ViperT
850 C---

Herk
UOHts T
Enclosed lOit I

Tw
Treating Pr

e
1
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Want 0.
Hwy 67 Nexn

re01..o

KT POV
Hsrnn
Motor Sr

4 A
228 N 3
631
-

Dave

,0.

A M:ni
import i
S -

Frrd
16-25
B., 0

act arc roust be


serwbC rat

A rcasOnaCa

a saisfioc

siN tflnnenr

Ueanvhikt, back at the Ranch. Wet just when you think


there is no hope you get a call and by GOD you get
conflrmation. Paul Curtman the State Rep from House
Springs I think t ts district 105 called me. My hrst wOrcs to
[rim .
a simple questio.i, are we doomed and he
at we are. iJicL confirn-is sriat I have been wrttrrta- 13Ll [1 TIN ut he e.c. on to tel me that artiClOn I
meachrnent have Deer ti:ed against a sitting Judge to
5 jut know, we do know that
Ito first tine weP - reall
there hs not been a judge irripeached in Missouri sinct
1960, Yea It has been So years since we got rid of a
Judge ii. Missouri but Paul ansi a few other courageous
tr:S hove actuaily got art impeachment going it is nunirier
333 a Juage From Adair County named Russell L. Stce.e.

Heartland
Realty
50 Jefferson Sqaure
DeSoto Mo 636 337 -0600
natty Hammond
Broker/Owner

AicKinley Jewelers
6;fts P/rigs Jewels
Diamonds for Va/e,,t,nes
308 S. Maw DeSoto
65t,X(>-3342

Internet Service

ail
Vie wli certainly keep you up to date on this matter. 1
& Computer Repair
a former Marine who actually honors his oath and in
Call Rick 636789-9050
iS Country. Though let no snare this with you they a e
few ann far between i.r ietf City. If you are a praying
Kennedy Tire
person please pray for Pajl and all our State Reps and
Ness and Used tires
Senators, Pray for the Shenill and his deputies to wake up
I Iss 67 Just South of CC
end reai:ze thaL they are the istrurnents of oppression.
h esrus 036-933-9022
Should revival not come to inc law enforcement comnlu
206 Telegraph Road
Arnold. MO 630111
rnity arrct they keep on enforcing laws that are in direct
(63101 407 5108
)iiitiul of toe Constituuoi i there will be a blood bail., if
baik.
push
will
ney seep on pushing the people some
Ma Vt JuIJcI
When people lose it all that is when they lose it. I v. u d Vets helping Vets in DeSoto, An
riot want to be a member of the law enforcement
outlet shop where you s. ill save
o inmunity or even be within 500 yards of a courthoise.
P The same nine helping those
Tue Arrerican dream has nc-come a nightmare and ut
s. l ha. e onver: so nuch
very one out were are Ike rite Bulletititrian. Most I ant
:uad ouch less write, the unly thing they know hoe. Ira
trait Main cr1 [)eSoto
Davison Jewelry
rio s shoot aid fllakt- FooDs. Most of the American
people dont reall7e that we wrestle not against ilesh and
Pawn Shop
Hwy 61 Feetus
blood but against spirtual wickedness in high places. Most
o ople nont realioc it is rot lie Sheriff or tile polk.eman
636-931 9326
ho IS drMnq that car that pulis them over and that pulls
Get Your Guns 8ig Sale
up to their house to evict them. It is a spirit that lion
I(C(I Lalae
)ossessed that body to do roe works of the devil. Mist
418 S. Main DeSoto
lI tot pray, most will sirnpi( roll over arid take it. I:
there are a few who will think that the cop. judq.
next to Town South Hair
Offenng Discounts and CloseUwyer oanker -s the one who s carrying out this evil r d
Outs or. Cosmetics, Hratth &
some will shoot them do in I for one real/c that rr y
Beauty Stop in and check it out
he devil and I have p wo
r iDle is not a gersoir if
HundidsOf $1 items
Call 314-402-8369
/oi el
flC l)OsCn at U e s-clay, though Im riot or s
wwG, I may Do a
lOl r,se. tnough Im Just pass. p
CAN-Do
.-uj
F-ic oles wc 011 a-ying all the quits arc- -or
MAINTENANCE
hey
tiainr to .ju Jeer Jug or target sriociinq
rrast
trio
ire otying ([ciii bc-c aas- Iney no longer
MR. FIX-IT
i
vertr tent and their ag nts, Boy Im glad that Jr
BiG or SMAU.
U sde ara not oc sealing from tIe a,, i a
314-488-8123
a ok, poor ar a unedu ft nass of people who I
IN t)ESOTO
are coing I - Ii
tlIUStILO t
- iJr.td

INa

Vinyl
illi ci

34-f
07
a

a
0

;E,i

(no;
Ic

i--i

007
,
H
.
0

Za
I

31

10 mm,

rne

O1

His r_ hosr

to

.r

ar,e

Gncrgcs Crnanncoauactrcrn

Sr(.
Alo,rIPa/ I

Re; JO.

Y/flai

Full upon the ROCK before the ROCK falls on you

n It

4
,ki

1 2012

tehruarr

ouiaee uP
.0\arC so:

man asks msel wI-st is rnrrarrt by


pmvea Sos not a man ol When a
o rr asks r macti what a oruni by 501.00 he
i-u rn a not a man ci act cnn Action is a
nfl

s-c

X1MP[HAX ACCU[fl{IING

Certified_IRS
E-Fi!er

ears of Expertise

Sc

SC
Sc

Cfr

Backpage

fOr human octans flaeen

more of these sev n

or

causes. et a moe, niure,


ompulsion, habit. mason,

AmerIcas state relIgion.

is

patriotism, a phenomenon

which has convinced many of


the citizenry that treason Is

www.buHetinmon.com

morally worse than murder or


rape.
WIlliam 8Ium
Fall upon the ROCK before the ROCK falls on you
The Pet Care
Meanwhile back at the ranch, Oh the dirty Ira k and the
e
Extraordinam
e
indeed
lies that spew forth from inn JCSD!!!mTh onu:
Pet
Personalized
&
R
ukiiit
criminal
a
be
to
wanted
a liar. U you really
Sitting Call Shayna
rnak sense to be a cop? Yea it would you arc on tha
r 636-253-1292
aside. Well let me share this with you the taxpaying
ripped
nanIg
are
You
Mrscouri.
County
ctmzcn of Jefferson
Actions lie louder
off and every dollar that ou spend in our tar county

passion, and deso

lone 20 2010

Arisrotte

lek 1 ke&de Gri I

C
22 Stso
te Sdy t; Cicyh ,.
!? sy I?c e ia y

tan
,
5
..i/

573 18,
Pure PIe

-,

\lega s

vau iC,- O,5

NoOr Ir,

ii

xc

he heal I I
Sri-El

Down on -an St
iblcs
Antiques-Ct I

Resale S
Dun,,,,-,
514

,to
S
-

ae

Vip Tra
rail C

,,,

I:,

-C

Pru

Ffl

mu

-ti,,?

Jinirl

Sn

ii Retired on
1
about 2 cents goes to the local not-secrs
Duty? Yea one who has been with the ICSD siice I can
remember is ED KEMP and I heard that he is proud to
cry that he is retired on duty I called ED ar-i e called
on day
re back, I dsk him if he reahy only shoisoo i,
says
in
not
is
he
that
said
He
flellsboro.
week
[felisboro, He is mobile Now Ed wants to [e y or State
Rape oh I mean Rep. tie iS one or tion. mere
Derr;oncrats there are 15 elected off ces ii Jetfco -1-1
are occupied by Dernoimcrats the other uno is Republican
tot he appears to be the biggest turd of thorn ill Darrel
.issey is his name and ho is a corrupt judqc .Jio allows
chird molesters to live iii apartment complexes and as
now sent the Children which were nuiestral by their
step father to a place called Lpworth were tiny are
inlested on a regular basis. I mm Miller is th. ,ir a Ian. ,crs
iL these
and he is in on this child slavery ring as
r for the
ar
5.
COLiC
I
corrupt
roo1le folks are beyond
next five years and not be able to shorn wrtl you at tue
horror stories that spew forth from the try page of
Satans local branch Ihe Courthoistai
1 .sery is created there on a tinily basis and it is goim 9 to
cease and desist as long as Im alive I wil expose these
evil doers and run their ass out of town. Pie whole point
of a free press to tell the people just [iou nod Flier
r rnty, C.
fjoveri meet has becorntn Listen I love li f
ir
uth.
and country enough to tea the people tie
I
S
ss
r
L)ur
fools
for
ill
you
take
leaders
eks ted
-saitrred people who are only concer-och a,,et (4011109
ES
iii aid where their next nigh is going to a a mu
ii wont be
oveytbing is a
there
is
check
the
as
king
i
to g until the payments that silence the ma ses tin c oF.
It wont be long until the People realixe tlo.t there
c,u itry is being stolen trOin tnem. It won F Lx our,
.

Daves

&i

than words.

Miss Carries Treasures


u36-586 0084
End of Surnirt Drae Off 67
and L0fl9 SC

Furn Coiiectobks 0othes Far


a good cous. \ked-Sat

Dave Messer
Construction
[)Avm:

rit

sist
Ellrorm rounds of Amino th.t where txugnt ;r P
e
hat
di1
C
rrrrllmor
10
tOn
o,
out
coming
start
y
ougfit as woll. I really I ink that they I. no
diii
55t sirat (lunger 150- rae pUt t.tEis
1
.9
E,E
s, r pit tot fairies 0 I l.a I -e Risi,,. Ii51.
1K
1,
ilK.
)()lisaE
i-my
WikIi it comes
S
1
,,
1
i0r vyk
iu-jrI
aid tto
,
lot
iii
0
hoe,
One
ii,
OS(onient 15 (0101151 01(1
C a ,. -r
1 cc ill
a-mt
.0 ,i to c[i,1i(je Oscar pa
to meet it SUS. L -very knee isIll sa rein r iv,
now non, Today is the du of saiiatiun!!!

to-

ri

ViriI
Silk Scm

CAN Do Fr

63&931 -0705

515S

Ram Fire & Wheels


Just south of CC on 67
New and Used Treads
Call Mel @1 952 9878

Imprrur

c3rk3cK

Card Corner
Sport/Gaming Cards
Comics all kinds of
636-933-0999
106 Main Festus

f)wight SpurgIn
Class Painting
Ernnio Vii nJ)WS
Holidays, hand Painted
Signs Hell even paint

(I)

-J
-J
Li

your

1-i,

(lit

G36 03% 3000

bavison Jew&ry
Pawn Shop
Hwy 61 Festus
636-931-9326
Get Your

(,uris

baying Gsd

Call

Dwmg,rI

Now

mon nced a I

63

633 salal

isO (orn

kr,,

re

caning

ran

Junkies Tire
Service
(ail,cy79I)

314-401 7313

636-415utry
t O/dWd

Backpage
wwwbuIIetnmancom

At rg

dot snt

[hose vsho make peaceful

revolution impossible will


make violent reolutron
cncx rtablc
JFK

July 14th 2cO9 Bastille I)a

Soon
BVIII.
iv,

Sc

Ca,

-,

A Treat

to,

A )HERE3I

K-if I

leanwhrle back at the ranch, my name s y I e s< i


ieb
cv tel who is the cac U b acne? My na K
nd I vt come to set the captizes tree on r ach
ii u
ngdorr of Jesus r rist, lo ex st In itify
Jest cy the works of tie ev I. I r ay 10 1 il B c
r d J my demise but you can be, it ion t In on y
tfianc e to Tyra its is obed moe to )D. I h s
knee
beast rias become a tyrant. If you havr n t fi ured it ut
st II onrolled I y
be now, we be the Beast Amonca
Great Britain and L about to be sacrticci so B at a r w
World Order will arise out of the ashes of Amer ca I w
ut
H
way I read the Book tho ,J AutI on ec, EU
Icttoh will let until he be taken out of tE va Er a
r rmr nt a twinkling of an eje bangs arc go ig t i ci
p
need crc I
Ti en that wicked one will be revealed, tin
a
v
I rince William arc he makes B rraco I ok
p rnpiing idiot, It all goes beck to Lngand nd their
ni ions here in America arc the awyers. The court ar I its
r

B i,I,ELIss1 v

C atart

C)

it

ALL OUT I
Co J F

) IF

/ JIM i
1OET

VipBrF
20 Can,
lUrks I
Go
Sc

Whnlcs
(3/

a
5

B oke,

s
t
Dave
WIt
ri c

63/

a B hey I remember the quote My kathirrgs


i
, cft m
1
e stupidity, oppress c c tine, cruelt
, a linli Nabokov, I to I
lies
v ni Rnr ,ld ,nn 1 i
I
e berry Coma mc, Id IOi0 S eIr ii igi
riO
n ,ad, Mel frorr lB r 1 irt wanto I i re
onus Pricst show VI r,t to e
1
rI
it y \ n a id they w e
3zu vc y
Tim
tone
lot or runt i rrcs dfl(J tn or it

Mr
it

th

SI

a
Rar

1
lB
P

trc

r,r

r ush Steel aitum ar ,d


idS a deticj it Y a am
ii 1.
Sc c ic k c it
y itul You no
postsrnrh c,iew
i ubeaswell.Itry
meek it out you II e cmi you fleer bac

F ttJ
nt

ic

jorse ArrtIcjue ii
home ci
Des a lit tot ,e

I)esocd

Mor
cv

Mega Center.
Simply the Ilest

lowest Price Largest


Selection
N, Truman BLVD
Crystal City
Miss Carries Treasures
636 b86 0884
End of Sumiti Drive Off 67
and Long kod
Eurn-Cohlectablt C othes

DAvE CAN

rio

im

636-93 -0705

Ram Tire & Wheels

New and Used Treads


Call Mel fy g 91378

I in

Vinijil
Silk Sctr

UAVE Mussck
Cor-4srrucnoN

ey,
d
at

515S
Imp frizLt

Just south of CC on 67

Card Corner

en

Sport/Gaming Cards

pIe.

Comics all kinds of

d
the

h
elf

ur

636-933-0999
106 Main Festus

Angel Nails
Ut

See eoune, ,,
,nake,ve ,

Ne I ocatron Across
from Sam Ole
flair Mauls I n

Junkiecs I ire
Service
(36411-4 Xl

311 l0I73i
Expert Advice from the Pros
On. of a Kind rare Onds
Iuca-Sat 12-6

Aiirienr
1,

L__

Shoppers Poradke
Leadington Free
Outside Set-Up

bavison Jewelry
Pawn Shop
Hwy 61 Festus
636-931-9326
&et Your Guns

DISCOVER A Li

(r

Mv

arc on a

Yj

B sour r
dot is

5k

mission to separate you rum your m


your family and all you hold dear. The lawyers are in
with everyone and they run the show. Isnt it time
we do something about trienr. Im all or a 1
x acefr
codus from the promised Ia U. We can jive II ,oem
U
bAR (British Accredictr_a Registry) Ii 1
n S rernber 11th to leave ne country. f hr y ire
[Ii country they will be roundeci up, tn d, c liv ;Bs
cc nc. fmrey along with tie cops, 0 It dtN and
an , ices will be brought ur on ch r S. ny hi p
ann ojtlai
c 1 see f you got rid out of the judg
,ittle terrorist cult we couid rid America of ,0%
ii. We can ship them all bac K to En jland or Isr tel.
of course will end up in Isrealhell, though B e love
oric isnt a racial or semue thing, It is univers 2. Ti
rxir a mw by blood it is hard to over cc me. I I ird
tory ugnt fisted at times and I know bertes I y eyr
a I stil I dont give hat I slouM. Br o d is
it
x (ave and it shall be qisen. You see it a
ii t B
r Jeff is what I war to be knov,n
Teflon Ron, Or Cod Be By nos, r K rt I
3
rWd
10 rile breeze. WI y screw over yoc r r elj thor
If curs

is

Pure Pleasure

910(0

(tI

dOI[

rniv.

\ I IlL (IR( UI 1 COUR I I OR I R,\\K1 I ( )t FY


0th JI I)JCJAI (IRU I I
S I A I I 01 \JISSOJ R1
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11

No.

\h-CR02409-() I

IlAUS.
OI.

AFFIDAVIT OF
( tue

ase

((Gil A. FAStWO( )D

1 lugh A. Lastxood and states for his A1iida it:

1.

\I rut urn.

Hugh A. Eastwood and I am an adult capable ol naking this AIlidavit.

2.

;\tael eJ

hihits 2-B and 2-C are. respectively,

true

copias of the Google touIube

arviee and Communht\ Gu:de1ina


3

4.

.\

to

...

tIL.. Ii

ad these documents from the orId


a I)e6,ndants You lube

1 ,rtF r

4 a
I hereh ert
and

ulu

wide

State
(

Oflt\

5. 2013.

is still posted and freeR

tnt sa eth not.


aflirm that I have read and understood this document. I declare under oath
ol perjur that to the best of m kniusledge all tha taternents in this document

DEFENDANTS
h.hibit

Suhsu cd a a
L
\.Iar

Oil :LigUSt

of AuuusI 1 6. 201

as

eb

a:

are irue a id

Iiuuh

the Google Youtubc vehsite at http: /vw.voui ibe.comiuser;bulletinrnan.

tiLt )1C
5.

video

ide

;-

I fiure me this

z)

01

SANDRU L THUOND
Notliry PuDIi Notary Seal
State of Miseoun
CommissCd for SI LoutS Ct
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0
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0

the

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eis It you ye

not

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rrpoons:e others, qo

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,rn

S1AIF OF %IISS( I kis,


JFFII{L\ R.VsLlsIIUS

ninsMOso,12flC1{0

I1FR\ JAMES IOLSOM


June 6, 2013
Page 3

thderal rn,est

3
4
5
6
7
8

9
10
ii
12
13
14

1
16
17
18
19
20
21

him he es

ublic place. and I Iogtcall

sug,estcd

twasok

ssere sittIng there, and he said


would meet us there,
meting on the MF station on K
r ad from his house a little ssays.
house that location?
it was prisate. It was not a
id it was a location that he knew

I)id the

)oy
non v
A I just tr kid to S
he sent it up o I.
was that the though
hosseser, thes ltInt b
was criminal
Q Okay tin did s
oreriff about
arrests;
A On the arrest ss nm
the judge signid it, I car
Courthi use
d I call
norm them t I e ha,
asked them
assist
isi,
t) huttin.
\), I
i.
tJnl I
p fldiflk and seiC ii
Q Okay
A IIowev r the
Si
rut
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2

eepartrnenO
23
A It was r

Sl,,r

and t
let
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ir o mon
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ii, tselt,

mid nfter

10

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lot ot traf
fairl we
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liner

11

road Out, I

In

tto

12

ssi

rrar land

13
14

Do yo

25

I lo&t

ieticall, one road in and one


he to secure each end of the road

ii

prosided the best opportunit,

a ma

Inni

did not want to return to his


rCd made a nndco sasing that hi
0 earning guns, and I just felt
use would spark an incident.
noose an alternate location,
op I for him to meet with you?
anted an isolated place where
ntrances and exits, where no one
issibh hurt if anything went

hr an

ssas or. dci

19

liii ogo
1< W1
sucn as Er
5 I,ik

20

thrn isern

21

could get

42

45;0fl.

23

) Yo
toe me

16

.0

18
rid

22

24

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8

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irisi

haghssa j

a
6

outs

I r

of
lucre
rra.,rr

le

itrol troop station?


wouldnt have him go to

VSn

40

it he more dangerous for trim

Page 32

if
1

tm
too

I aIim
Okay
gum to arrc
A so, sir
Q vkhyri
I van
know, going t
he woul I war
base an pr
1 dli
in i iran nod r
ti I r

4
5
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I 7
8
9
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16

d th n 1 w c.

donrprt

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irt

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rant

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urn

20

25

ii

e0

th

origin
iS it I

md a half assa, Ive only been


I ssould just have him meet mc.
,mkhin Count warrant, t would
neet me somewhere in Franklin

non malls I

Cmnt a

Ok
7
the is at
a
mi
brought se
1

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sat I. equ

thin eance

10

12

fbi

lain

13

ft

rsus

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np

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line
lIe

hr

,rt

16
n

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st

to the department.

oneerned about your safety at

hA station?
rean, we were svell

we
\e had seseral, sou know, our

is and things. 1 he only thing


at da, when I spoke to Jeff on
I, and hi hadnt been agitated
with him before.
rout things that occurred. but
I that dan he seemed agitated,

Just tell trie, when you use


statemenis or hehas lors did

it
ess

rice, lie was talking real


rid he, he
I dont think he
c he diont trust me, so he nsas

20

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arid

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o ton
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ems
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p
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c med about the presence


at this 0
location

1)LFENDANJ S
I xhibit
3

PILED
IN i111 CIRCI II COt Ri FOR FR %NKI fl COt N r
20th JtI)i( LU (iRCt Ii
Si UI 01 MISSOI RI

SEP 042o
1
tRL,1CdtO.
list?

SIA IL 01 MISSOI RI.


Case No. I2AB-CR02409-OI
)
JLFFRL% K. ik LINHAL S.
Defendant

)
)

DEFENDANTS AMENDED MOTiON TO DiSMISS TilE (IIARGE OF TAMPERING


WITH SI DICIAI OFFICER FOR DEFECT 11% TilE INSTITUTION OF TilE
PROSECUTiON
Comes now Defendant Jefire> R. Wemhaus. b counsel Hugh A. Itastwood. and states as
his Rule 24.04(b) motion to dismiss the charge of
RSMo. 565.084,

for

ranipering With Judicial Officer, Fe1on (

defect in the institution of the prosecution:

This amended motion is filing to correct the record Since filing the original motion to
dismiss, undersigned counsel has learned of certain pact misdemeanot convictions 0, Defendant
(the mention of which before thejwy Defendant is moving to exclude in limine in a separate
motion) This amended motion vimpl; corrects that issue but Is otheru Lw unchanged
L

Judicial Tampering Charge

1.

Defendant was charged in the Amended Indictment, inter cilia, with Tampering

ith

Judicial Officer. Felony C. RSMo. 565.084.


2.

Delendant herebs moves to dismiss that charge on the basis that as a matter of law his
speech is protected Li) the First Amendment and does not rise to the IeieI of a reasonable
threat to an3 Judicial Offici.r and thus particulars as it is colortul and unpopular
political speech nes ertheles granted constitutional protection his speech cannot go to a
jun.

Defendant also moses to dismiss that charge because the statements ssere conditional and
true

in nanire and thu Hs a mattur of hie J n t rise a


11.

Facts

[he acim reu alleged

liii eat.

outubc s ideo published to the ssorld sside sseh on August

is a

I 7. 2012, featuring Defendant and entitled Iul1etinman Rroadcast 8-16-1 2 The Parts
Over \k ith

\ otc.

Lluiluh1 at

http:ss\s\\outuhe.emaich:sjl\\Usl) I hLNX&list I lzc(JiO(micusCX


j02ue&inde\ 7
5

(lhere is also a second s ideo that does not feature captions. It appears trom discovery
3 the arresting troopers
that both sere reviewed h the State and both sere reviesed h
whose probable cause statements

formed

the basis of Defendants arrest sarraiit. Since

the second video, lacking captions, does not

mention Judge

Kelk Parker. any prosecution

based on the second video lails as a matter of lass since there is no evidence to support a
finding of probable cause. let alone guilt.)
6.

[he

T1tten caption on

the

outuhe page is:

ixplicit hut oh SO true. Bulletinman has had enough of the Insanity. ( onslitution
day is September 17th and September 14th will he the last day of the Defacto
Court. You all is firLd and sill he considered trespassers after that time. Ihe
posser belongs to he people and x e got an eas 70% that say OU got to go. We
the People now realize just what a Iiaud the Court is not univ upon itself hut the
(.onstitution. the People and (iDI) ;\liniehl\ No victim no crime. No justice no
peace. K:io\\ JhSI. S kno peace. Where the Spirit of the I.()Rl) is there is
I ihert
.

Defendant begins the sideo with statements on sanious matters of public concern such as
the poor

slate o

he eeonoi i and unernpIu naill

8.

The tideo thwatat. that the People alit tirC arinus Missouri officials including the
State (nuns Administrator. elected Circuit Judges. laayers and policemen through a
Redn.ss and Resocation PetitioC on 9-1 l-2u12.

9.

At 1:17 Defendant generally references corrupt oflielak and my right to blast sou

motherilickers out of there if ae tune to. I dont want to come doan to that. I really
dont.
10

At 2:04 he states generally we hase the right to remose you use of force. Now. were
not going to go out and kill you like you do other people

11.

Defbndant states at 8.33 that Tm being generous in a giving you a month to do it,
which the Court can infer to mean the time frame for the aboi c-described people to
resign.

12.

A text caption appears at 8:40 that cites Mo. (ansi. sec. 3. particularly as to the right of
the people to alter and abolish their (onstitution and form of government whenever they
may deem it necessary

13.

...

Defendant then states at 8:50-9:10 that elected officials who resist will be arrested. tried
by treason by a jury of their peers. and executed for treason and other crimes against the
American people.

14.

fhe idea is 9:38 minutes lang

15.

Delndant references a launiry list ofjudges. pro%ecutors. lass enforcement personnel.


court clerks. etc.. sonic is itli particularity and sonic ssithout.

16.

Nossherc does l)eindant himself orally state a thicat to arrest, try or execute any pemon.

17

Particularls. nowhere doe, i)efcndant stale he

Counts

name

of Iudte Kells Parker of (rasiford

18

Judge Parke(s nanie appears bnefly in a caption at 2.47. soim. six minutes before

Defendan(s statements about occupying the court nouse and putting officiats on mat for
treason.
10

Other officials are named besides Judge Parker in a laundry list. lesemng to each of a
reasonable speaker arid a reasonable listener that .udgc Parker is being singled nut among
the allegedly corrupt offieiais.

20.

The foregoing tiatures a caption stating ii1l of Rights o. presumably the Sixth Amend..

U.S (oust.
21.

At 9.20 the Defendant accuses the I. .5. government of killing 5 million babies, which
the C oufl can infer to mean a reference to legalized abortion.

22.

The video is pan of a recumng series of print publications and broadcasts issued by

Defendant as a citizen journalist since 1906. Set e.g.. An. 1-B (Bulletinman pnnt
publication), authenticated by Al I-A (flidavit of Judy Kropf). Particularly.

Bulletinman videos have been broadcast on Youtube since 2009, al


jifip. wiwyoutube.com_user bulleugmaij.
23.

The oeralI thrust and dominant theme of l3ulletinman publications and broadcasts are
statements (oft expressed humorously and ulgarly) as to matters of public concern.

particularly that:
a.

Most Missouri eleetea oil icials including eeeted judges are corrupt and
subening the Constitution. and

Ihe soiereign People pursuant to the (onstitution hae a right to lire elected
officials. to try them for treason according to due process by ujurv of their peers
and to cwcute them if found guilty of treason.
4

()

23.

1 hc correctness or error of the Bulletimnan statements is irrelevant to this anals sis

25

The \\ orid \\ ide \\ eb.

hich aiivoiie ma aeccs at ans time

tth an internet connection.

is an archetspal public forum


26

Defendant has no prior record of pros oking s iclenee directly related to his Bulletinman
pub! icat ions

27.

(On inldrrnation and belieF l)efendant has three misdemeanor cons ictions in Missouri:
2003 liar harassment: 2006 br trespassing and a 2007 Suspended Execution of Sentence
(SI S) for assaulting a policc. officer.

Ill,

The First Amendment prohibits criminal prosecution of I)efendants speech

28.

RSMo. 565.084 prohibits speech that souId threaten harm to a judicial officer or his
immediate farnil insofar atThets ahilit of judicial olticer to carr
.

29.

Out

hi duties.

In context, a reasonable person cannot take I)elbndanFs speech to he a true threat or


fighting ssords to Judge Parker

30.

In the alternatise. in the totality of the circumstances, Defendants speech is protected b


the First Amendijient.

31.

The Free Speech Clause of the First Amendment


abridging the freedom of speech

Congress shall make no las...

as applied to the states through tile fourteenth

Amendment can defeat as a matter of lass charges of tampering or harassment that do not
constitute a true threat or a reasonable apprehension of harm

\o. SC9284( Jan. 8. 2013


Defendant
o1finsis e

is a citizen

1 hat

Sec. e g. State

Wooden,

particuLirE true in the context here sshere

journalist and hiogger ss tb a lone histor\ of liveis and sometimes

t statements
critica

aeainst elected

oti als,

but no record of s iolence

32

(first Amendment analysis of political speech of public concern is appropriate also under

the free .peech pta isiun at 1o. (oust., awl I. icc 8 hcsuuns free speech right., track
those of the federal Constitution.)

13

Defendants speech is a matter of public concern, as determined by all the ctrcumatanees


of the case

is peech on niatters of public concern.

Amendments protection. Dun d Bradsireet, Inc.

is at

the heart of the First

(Jreenmocs Builders, Inc.. 472 U.

it

S. 749. 758-759 fl985) (opinion of Powell. Ji (quoting t7rst SaL Bank of Boston v.
BeIloti4 435 U. S. 765. 776(1978)). lhe Firci Amendment reflects a profound national

commitment to the principle that debate on public issues should be uninhibited, robust.
and wide-open. Any fl,rL times (a

it

Sullivan, 376 U. S. 254.270(1964) Ihat is

because speech concerning public affairs is more than seif-expressiorn itus the essence
of self-government. Garrison v. Louisiana, 379 II. S. 64. 74-75(1964). Accordingl>.

speech on public issues occupies the highest rung of the hierarchy of First Amendment
values. and is entitled to special protection. ConnicL

it

Myers, 461 L. S. 118. 145

(1983) t internal quotation marks omitted).


34.

Although the boundaries of what constitutes speech on matters of public concern are not
well defined, the L .S. Supreme Court has held that speech is of public concern when it
can be fairly considered as relating to an> matter of political, social, or other concern to
the communni. id. at 146 or when it is a %ubjcct ot general interest and at alue and
concern

the p stIic San Diego

it

Roe.

83-84

statcnienCs arguabi>

inappropriate ur contrcn erial charaaer.. us irrele ant to the question whether it deals
with a matter ol public eoncern RanAin

it

McPherson, 481 1. S IS 387

3i

to determine whether speedi is ot public or pu ate concern, this (nun must

independenil examine the cornem. Ibmi. and CLflLC.J. at the speech as resealed by
the a hole record. Dun & Bradstreet, Inc.

it

Graninoss Builders. Inc., 472 1 S. 49.


.

761 In considering content. form, and context, no factot is dispositie. and it is


necessary to eialuate all aspech of th speech.
36.

Speech deals ssitl. matters of public concern alien 1: can lie fair)> considered as relating
to any matter of political. social. or other concern to the community

(onnick. supra. at

146. or when iris a subject of legitimate iiea, interest: that is, a subject of general
interest and of aloe and concern to the public. San Diego, supra. at 8344.

Broadcasting (.ovp.

i.

Cohn, 420 1 S. 469. l92-44 (1975): lime. Inc.


.

ccc (ox

I Till. 385 U.

S. 374.387388 il 967). The arguably inappropriate or controversial character of a

statement is irreleiant to the question whether it deals with a matter of public concern.
RankJn v. McPherson, 483 1 S. 378. 387 (1)87).
37.

lhe content of l)efendants video plainly relates to broad issues of interest to society at
large. rather than matters 01 purely pris ate concern. Dun & Brad.street, supra at 759.

38.

While the tone of these messages may fall short of refined social or political commentary.
the issues the video highlights the American economy and unemployment, elected
official and elected judicial corruption. abortion are matters of public import. lhe video
broadca.sic Defendants statcmcnts on

thue

issues. in a manner designed to reach as

broad a j uhhc tudience as iossible


39

Judge Kelly Parkers name appears in a pop up caption at 2:47 in the s ideo, sonic six
minutes betorc me alleged threat made by l)efindant at 810-911) Lven if die video is
vieaed as containing a niessape related to Judge Kdly Parker cpeciflcally. that aoukl not

.3

change the fact that the o ci all thrust and dominant theme of 1)ekndants

40

\ ideo

broadei public issues than Judge Parker

I Lt is pdltieularl\ true a other as

enforcement and elected officials are also

listed

spoke to

by name in popup captions.

Gien that l)efendarits speech aas in a public ibrum on a matter of puhhc conCern, that
speech is entitled to special protection under the First Amendment. Such speech
cannot he restricted merels because it is upsetting or arouses contempt 11 there
bedrock principle under!> inc the First \nicndrnent,

it

is a

is that the gos ernment mas not

prohibit the e\pression of an idea sirnpl> because society finds the idea itself offensive or
disagreeable

Texas v. Johnson, 491 13. S. 397. 414 (1989), Indeed. the point of all

speech protection
misguided.

OI es

...

is to shield just those choices of content that in someones eyes are

en hurtful. Ilurtey v. Irish- lmerican Gat, Lesbian and Bisexual

Group of Boston, Inc., 515 U. S. 557. 574 (1995).


41.

Nor can the State argue that I)efendants sideo must go to the jury because the speech is
outrageous. ()utrageousness is a highly malleable standard with an inherent
subjectiveness about it which sould alloss a jur> to impose liability on the basis of the
jurors tastes or s iews, or perhaps on the basis of their dislike of a particular expression
Hustler, 485 1.

S., at 55 (ii ternal quotation marks omitted). In a case such as this, a jury

is unlikely to be neutral with respect to the content of libel speech, posing a real

danger of becoming an instrument for the suppression of


sometimes unpleasanhtJe\pression Bose (orp., 466 1.
Times,

42

6 1.

vehement, caustic. and


5 at 5 10 (quotIng ew Iork
,

S at 270).

Such a risk is unacceptable in public debate se1 must tolerate insulting, and even
outrageous. speech in order to pros ide adequate breathing space to the freedoms

prutcetea b thc First Amendment. Boos v. Barry, 185

5. 312. 322 1 9
88i (some

internal quotation marks omitted


43.

What Defendant said, in the whole context ut ho\ and

here he chose to say it, is

entitled to special protection under the First Amendnient. arid that protection cannot he
overcome by a potential jury finding that the
44,

ideu was outrageous.

The purpose of free speech is to invite dispute. even

here it incites people to anger; in

fact. the provocative and inflammatory content of speech can potentially he seen as
positive, Terminiello v. (itj of Chicago, 337 U.S. 1(1949) (Douglas, 3.).
45.

lhe Constitution is not neutral. It was designed to take the government off the backs of
the people.

46.

Justice

William 0. Douglas, The (ourt Years at 8 (1980).

Defendant concedes that free speech does not permit lighting words, Chaplinsky v,
ew Hampshire. 315 U.S. 568 (1942) (upholding
1
A

conviction

for breach of peach where

Appellant verbally attacked a marshal by shouting you re a damned Fascist in a public


street).
47.

But here, as discussed infu, we are dealing not with fighting words but rather with an
alleged true threat, that is. sneech that would put a reasonahle person in apprenhcrsion of
harm.

48.

Under the totality of the circumstances

the lbnn. content and context

speech dues not objectively constitute tiahting


anyone

else in

ords. nor does it

a reasonable apprehensior of harm h threatening

performance oi .1 udge Parkers judicial duties.

LV.

L)efendaols speech in context is h perbole. no! literal

put

Defendants

Judge Parker or

to interfere

with the

49

Ik&ndanic speech is hyperbolic in tone, not literai. hyperbole is marked by the use of

exaggetation as a rhetorical des ice or ligure olbpeech. It may be used to esoke strong
teeliagi. or In create a strong impreccion. but k not meant to be taken literally.
50.

In our tradition of criticism of public otlictals. this Court can take judicial notice that
hyperbolic statements aganot public oflicials hate been routinely made both generalk
and stith particularity but do not necessarily intend what their plain language states:
In 2010. lormer Got. Sarah Palm (R S) produced a political ad putting certain

L .S. congressmen in the crosshairs and showing a map of congrcssional seats

with a rifle scope view superimposed and a list of the congressmen. .See Jeff
Muskus. Sarah Palbss IAC Iut,

Jun

Sighiv On Democrats .Vhev Thrgeiing In

2010. I Iullington Post. Jan 9. 2011. a,


http: sssnshjijngtonst.cQm 2010 03 24 sarnh-pahijpag-pjits
gQn_n_5j 1433.htmlt see thu (hibrielk (d(Iurd.s sva3 an Sarah Palm..
crocshcnrv map A ialur; of viukni sords used again.si (;iye;rds. 5.1 Sentinel.
Jan. 9. 2011. available at http sww..san(raijeiscosenLinel.com?r 1029fQ).
i.

I. .S. Rep. Gabrielle Giflords (1)-A/) was among those targeted by Palms
speech.

ii.

(;ur,r& was later shot by a mentally ill individual named Jared I oughner.
ssho subsequcnth pleaded guilty to sanou related felonies. i S

i.

Loughner, I lcRlr11:u iD.Ai.i.


iii

reasonabIe person would not believe Got Pal in ads vatted the actual
shooting of any congressman, including Rep (nlThrds

is.

(ms.

Palm ha4 net er heen chutr


ed
1
lii

situ a

crime.

(
b.

Scierniiicah reliaNe and side1 accepted polling indicatis som. 29 percent ci


Arnericaiis think tha an armed reitlutiori it. order to protect liberties might 1w
ticeessar> in the next fe% years. ssith another the percent unsure. In light of such
popular ievs. Defendants speech can be read either as a hyperbolit
e.trapolation of such a belief, or as a btffement relerericing a popular sentiment
hut in context not as a direct threat 1> l)cfendant to Judge Parker Se Beliefs

about Sandy lied Cover-I p, Coming Revolution I nderlie Divide On Gun


Control, Fairleigh Dickinson Poll (Mar. 31.2013L available at
hap: publicnund.fdu.edu 2013 guncontrol

51.

here. gien the lengthy history of l)efendants hyperbolic publications and bwadcasts
against public officials, a reasonable person sould not vies the video in comet as an

actual threat to try and then execute Judge Kelly Parker.


52.

The particular reaction of Judge Kelly Parker to the ideo is irrelevant to this analysis as
such a reaction is subjective and has nothing to do with (lie objection reasonableness ol
Defendants speech.

53.

It appears that the State conairs sith the foregoing, as it has not designated Judge Parker
as a trial aitness. l)efendant has not designated Judge Parker as a witness either in his
supplemented disclose to the State.

V.

Defendants statements art conditional, and do not constitute a true threat under the
subjectii ciubjeeth e factor of Din widdie anal sis

54

True thre.tt dc not merit Fl-.: 1mendmeni protection. Jizttc


705 11 9O(I;.
it

it

United States, 194 1 S

55

In e aluating whether speech is a true threat, this Court must be guided by the multi-

factor anal> qs set lorth by the Fighth

(ir:wt

in 1 abed Slain v. Dinwiddie. Te 1 .3d 913

(Sth(ir 1996). Ihefactoisinelude:


a.

I he reaction of the recipient of the threat and of other listeners.

Whether the threat was conditionai.

c.

whether the threat as communicated direetI

d.

1
t

its victim.

hettier the maker of the threat had made cimilar statements to the ictim in the
past. and

e.

Whether the ictim mid reason to behee that the maker of the threat had a
propensity to engage

56.

Dekndants ideo does


a.

not

in

iiolence.

constitute a true threat under this anal>

sis.

Under the reasonable listener test I aired Slain v. J.ILJL. 22 F.3d 82!. 827-28
kih (ir. 1994. given the entire factual context, the recipient

of

the alleged threat

could not reasonabl conclude that it expresses a detennination


presently or

in

or intent to

injure

the future.

b.

the speeth was conditional

c.

[he speech was not communicated directly to Judge Parker.

d.

l)ekndant had made no prior speech directed at Judge Parker.

Detendant had no propensity

to engage in

iolence. had

no

enminal record, and

sas it n iewed as a dangerous percon by the Missouri troopers who ececutcd his
arrest warant.
c

&c

I)epo

of

Folsoin at 3PI

The conditiuiuliti oideftn hint speech is particuIarl important


court

can

reaunahIs surmie that I)efendant

int:ntion

to

tilt

anal. st

was not to intimidate

or

Ihe

fnghten

ID

It

Judge Parker but rather to make a political datement to his audienc.e. I his intention was
fairly clear 1mm the context Detenciant made the alleged threat tar purposes ci rhetorical
hyperbolt rather than to intimidate, frighten. 01 coc te Judge Parker beyond what is
allowabi pohtic .1 adocacy
58

In contest I)efendants statements cannot reasonably be construed by this Court to


purposely. knowingly, or recklessly intimidate or coerce Judge Parker. and a reasonable
person would not siew the statement as threatening. Rather, 1)efendants speech
promotes open debate and igorous athocacy oier allegations ofjndicial corruption.

59

(In the altematin. l)efenda a suggests that this Court can adopt the Ninth Circuits
reasoning and require that the State prove beyond a reasonable doubt that Defendant
intended his words or conduct to be understood by Judge Parker as a threat .See liaised
Stases r. Bagdasarian, 652 I .3d 1113(9th Cir. 2011): 1 Wted States v. (anti, 408 F.3d
622 (9th (ii. 2005j. Mere negligence with regard to the sictims understanding is
insufficient.)

VL

The Eighth Circuit splits with other circuits as to whether threats are to be
evaluated objectively or subjectively

60.

Defendant ackix wledges that the federal appellate &cuits are split on whether the threat
is to be ealuated objectivels or subjectisely Compare Dinwiddie with Bagsarian with
liaised Stases it Uhite, 670 1.3d 198. 12 4th Cir 20 2, with Tiuner. as discussed
below

61

Dde id mt c ii... les that the I iphth ( ircuit in Dinwiddie ha. held the reaction ci the
recipient an he one of a multitude of lactors in analyiing the speech. Ilere. howeier,
13

Detndai.t\ peech as in a public (brunt and not a communication directly transmitted


to Judge

62

Kely P tier

Indeed. Jadge Parker ought not to be able to tcstiiS at trial either, as his subjeeue
reaction to the speech would prejudice the Jun as to any ohiecthe ci aluation

tactually
J.IIJL,

of

legalh or

the reasonable listeners reaction to the speech itself (sailed Stain v.

.2 I .3d S2 1, 827-28 8th (ir. 1994,. I he admission of recipient reaction

testimony :s terly prejudicial because it may have a tendency to be overwcighted by


juries. 1 lw is true because members of a jury s ill trust the recipients characterwauon
oer their own instinct. In addition, members of the jury are likely to be swayed by the

emotional impact of the recipients testimony. Jennifer F.. Rothman, Freedom of


Speech and Inst Threes, 25 Hart. J.l..& Public Policy 1(2001).
63.

1 he Court can also find Defendants speech is not a true threat under other circuits
anal> ses Compare the Second Circuits recent analysis oftrue threats against federal
appellate judges in Chicago in (iS v. Turner, So. 11-1%-cr (June 21. 2013i.

Defendants speech is distinguishable both under the facts of Turner, and under its legal
tests for true threats.
64.

The 1)efcndant in Turner published a blog on the internet. his blog posts included
statements such as:
Ohn the Constitution or die.
b.

I w hltoJ oIthe thrxjudge wouid rep1enish the tree of liberty

C.

ic iLJge.

itJp

didnt get the hint sent by a gunman who murdered another federal

in Chicago.

11

d.

I hejudge% had not laced lilA!. free men tsilling Lii ssalk up to them and kill
them tar their defiance and disobedience.

I ic rulinj on a particular case Wd% w slewy and uniiing as to deserse the


ultimate response. and

os

I hat the judges descrsed to be killed.

ruer also pibted photographs, work addressts, and rooni numbers Ibr each judge. as
well as a mario the courthouse ssheir they ssorked. and a photograph of anti truck
bomb barners outsjde that courthouse.

66

Turner had a history of links to iolent groups such as the Ku Klux Klan and Aryan
World (ongTess, and at one point was an FBI informant as to his website isitors who
shared their intentions to comnut violent acts (I umer was later dropped bs the FBI).

67

1 urners viebsite resealed a history of statements ss ith threats against other officials.
together witn threats to di tilge their home addresse and mention of 1w ing enough
bullets to put them down too.

68

These facts are distinguishable from the instant case in that:


a.

Weinhaus riner made reference to executing any particular judge (but for the
mos stamed reading of a six minute lapse between a caption with Judge Parkers
name and statements regarding execution tor treason).

b.
.

\% cinhauc neser referenced other niuiders.

\S.caqaus did not exhort others to kill Judge Parker with any particularity.
einhai. neser posted maps or husmes nkrmauon about Jud:: Pa-ker

tout

1,

15

e.

W cinhaus neter threatened to occup> an) particular courthouse, and indeed


occup3mg a courthouse is merck chit disobedience and not a threat to comma
murdt.r iSgt. Poison vho attempted to arrest Defendant on September ,1.2012.
conaded there were at least three arnrthouses that Weinhaus might occup).
thew ore no courthouse isas aetuall designated with particulant. and conceded

that occupation itself can be peaceful). See e g

Lx

3 1 I)epo. of Folsom).

69

The Furner tn conietcd upon instruction (or a rue threat.

70.

A split Second Circuit panel affirmed the instruction and cons icuon on appeal. based on

the tollosaiii: factors:


a

the seriousness of the extended discussion of killing ithe,iudgcsl.

b.

I umers references to past aeb of .iolence. particularl) the murder of another

federal judge in Chicago.


c.

I umers past statements calling for the death of a federal judge. and approvingly
noting her subsequent actual murder.

d.

Posting photographs, work addresses and maps for the threatened judges
chambers.

The Turner court also found that intimidation can constitute a true threat when the intent
is to place the uctim in fear of bodil) harm or death, citing the I .5. Supreme Court case

proscribing :ross burning I irginia v. Black.

SIL

51 I .S. 343. 36(1(2003).

Defendant4 speech is not incitement under the Brandenburg test

16

The I .5
the 11%

L.

Surr:me

lb

te

Court ha% long distinguished inciternem from the mere athocacy 01

or ot1as ioldtion. Brandenburg a Ohio. 395 U.S. 444.44941969)

The Iornwr is Ilegal: the latter is First \meridrnent protected.


3.

To determine mcitenient. the proper


inciting or pr due ing imminent

test is to look is hether the statement is directed t

lass less action and is hId> to incite or produce st.ch

action. Id.. St t disC) Hen a Indiana, 414 1 .S. 105. 108-1)9 (1973)

74

Incitement is

dist nguishabl: from a true threat. .Ww Yor4 a. reL Spitzo a Operation

Rescue %atl, 273 F.3d 184. 196 t2d (fr. 2001): 1 nlted Slain
126(i 5th (
75.

ir.

is

Howell, 719 Lid 1258.

1983).

Es en langwte such as

threatening.

that in

Defendants Voutube

broadcast. which migbt seem

protected under an incitement analysis if made in public as part of a

political communication. See. e.g.. iSAAC? v. Claiborne hardware, 4581 .S. 886.902
(1982) (aflording First Amendment protection to statements at public rallies threatening
to break th:j damn ncckls) of those isiw broke a boycott of segregated retail stores).
76.

Detndaiitb speech here in a public forum. the siorid is ide web, did not rise to the level
of an unequisocal. unconditional and specific expression(J of intention immediately to
inflict injury I nited States a Kelner, s34 F.2d lO?0. 1027 (2d (fr 1976). In that case.
by contrast, tht ICelner Delcndantc cons iction is as affirmed for the statement. [W je arc

planning to ..-a%$inate Mrs

Arafat

...

5 planned in detail. Id. at 1(125.


eserything i

VIII. Defendant\ speech does not constitute fighting words, and is factually
distinguishable from Wooden

77

The \1isciui I Supreme Court recently affirmed eons letions


56.O9t P.1t2
to a St. I

tiff

harassment under RSMo

and 565.09(1 Ii 5. where the I )efendant sent individual emaib. and letters

Outs

(in alderwoman calling her a bitch and a Jeeber and threatening to


-

go (jabuelli. (Jiffords on her with a awed off shotgun and pop her cherry like
assassinated piesident John I. Kennedy. Staler. Wooden, No. SC92846 (Jan. 8. 2013)
78.

Although the harassment crime in If ouden is disti,iet from udieial harassment under
RSM. 5o. s84. lir the purpose of anal> sis they arc ubstantially the same. RSMo.
565.090.112;: and 5o5.090. 1j5) require a showing that the threats put the victim in

reasonable apprehension of offensie physical contact or harm. The judicial tampenng


statute requnes the speaker s purpose to be to harass. intimidate or influence a judicial
officer in the perlbrmance ol such officers official duties. Although the how ing is
diflrcnt. both. are essentially an objectise reasonable person standard as to the imminent
harm or harassment effect of the speech.
79.

In Wooden, tue Mo. Supreme Court rejected the l)efendanfs appeal on First Amendment

grounds because, after a detailed factual inquiry into his speech. it found the speech
contained words that, taken together, through their ery utterance inflict injury or tend to
incite an inn tediate breach ci the peace and are not protected by the First Amendment
or the Missoun Constitution. It at 6. quoting Chaplinshy, .supra. 315 1, .S. at 571-72.
80.

DelendanCs peeeh here is factually distinguishable from that of Wooden in at least live
respects.
a

oo.:m %ent email. direttl


conti

st

the lderwiman he threatened. lklendant.

in

made his speech onli in a public forum (the world wide wehL in the

18

conteit of a regular broadcast and publication of Bulletinman, s hich cnttcwes


alle Cd oflicial corruption
b.

4oodcn had no reputation as a hannless hut colorful political commentator.


Ikfa.dwit is a citizen journalist and Hogger. know n in Crawford County inhere
Judge Parkei sits) for his anti-government news. (ontext matters as to the
staten ent.

c.

Wooden made references to dusting olTa sawed-off shotgun. and that he was
going to make a mess of eserything with his sawed-off. Defendant made no
threats to his personal use of deadly lbrce.

d.

Vooden retWenced himself as a domestic terrorist and referenced the shootings of


President Kennedy. 1. ongressnoman Gabrielle Giflbrds. and L I.S. l)istrict Court
Judge John Roll. Delendant references no other shootings or murders.

e.

Woodens tone was maniacal and menacing. 1)efendants tone is hyperbolic, but

not menacing.

IX.

\k oodeii lid a histor of serious criminalin. Defendant has none.

The Court can take judicIal notice that Google has not removed the speech from its
website, despite Voutubes Community Guidelines and Terms of Senicen

81.

Dcfrndant

speech was broadcast from the Ynutuhe sebsite. owned by (loogle

lncnrporatta.
82

Delendant s
htjp sssw

eech is still posted publicis on the outube isebsite. at


.utuht comuser bulletininan. Scc As

Affidasit of hugh 4 1 astwood.

iv

1w

(
81

Voutube maintainc I urns of Sen ice. Fr 2-li. available at


jgjp

inns

3ouube corn

srntic?template tenns. and

omrnurnty Guidelines .1 r 2

(.

avallank at ht ww.3outubc.eom I eomrnunilyjiuidelmes. for I owuhe uers

84.

The Cornrnunit> L ,uidelincs include. inir alicr


I hings like predators helms br. stalking. threats. harassment. intimidation.

a.

iimading privacy, rewaling other peopl&s personal infonnation, and inciting


others tocommitviolentactsortoiiolatethc lermsofL searciaken sery
senously. Any one caught doing these things may be permanently banned from
i)u

85.

i utw

The I cnm a(ser ice include. inter aba. at b.l::


a.

You further agree that you will not submit to the Service any Content or other
matcnal that is contrary to the You lube Community Guidelines. currently found

at vains.youtube.com i/community guidelines. hich may be updated from time


to

t::ne. or contrary to applicable local, national, and international lasss and

reguations.

$6.

While Defendant suggests that the standard for a threat is an objeetrie one, he
acknosi ledges that the federal appellate circuits are split on this legal standard (as
discussed aNne,. and therefore ilthis Court adopts a partially suliecusc standard, the
continueu resace ol Defemjants speech on the \ outube sebsne suggects that Google
and \ ituwlic di

hot

find Defendants speech to base siolated their Community

(iuidelmes md terms of Service.

20

\\ 111 RI! OR! Defendant Jeffres R \k einhaus mocs this ( ourt to SI. S I \I\ his

motion

tu

disi iss c cig nfl amperinf With Judicial Otlicer, I e1on C RSvlo 65 U84 for

defect in the institmion I the prOSecution. an that Defendants speech does not.
I

Constitute a true threat,

Put Judge Kelly Parker in a reasonable apprehension otharm,

3. Constitute incitement, nor


4. Incite an imminent breach of the peace.
and fbi such other relief as may be just. meet and reasonable.

Respectful is submitted.
Attorney Ida Defendant

hugh A. Lass/)od. 1Ii t 620


7777 BonhorAae \senue, Suite 1603
St. Louis, Missouri 631 05 1 9 TI
heastwood a eastssoodlassstl.com
(314)7274473
Fax
Tel.
(314) 727 35$
Cell
(314) 09 2,43
(FR Ill ICA 1 F. OF SERVIU.
The undersigned ceitifies that on 9 03. 2013 (s)he sersed this document on:
Robert E. l>arks. II
Franklin Counts l>rosecutang \ttorney
15 S. Church St Room 204
Union, MO 63084
.

I he metho (si of s s ace hs I .S. mail, first class

FILED
IN FIIF CIRCUF (OLRT FOR FR.\NKli\ (Q
2()th II DICIAI. CIRCI TI I
STAT F OF \flSSO Ri

SEP 042013
Bi o
,

S lATE OF MISSOURi,
Cisc No. I ZAl(R024Ut) 1
JlFFREY R. WEINHAUS.
Defendant.
AFflI)AVIT OF JU1) KRO[F
Comes nov Judy Kropf and states Idr her Affidavit
1.

f this Affidavit.
My name is Judy Kropf and I am an adult capable of rnakin

2.

marriage was legally


Defendant Jeffrey R. Weinhaus is my former husband. Our
dissolved in May of 2013.

3.

s of llulletinman. a
Attached as Exhibits 1-B are true copies of various edition
publication written and produced Defendant.

4.

knowledge of Bulletinman
Through my fbrmer marriage to Defendant. I have personal
generally and these representative copies in particular.
in print fomiat and distributed at
For the past 16 or so years. lulletinman was produced
as an attachment to the
various public places in Jefferson Count. in Cra ford County
anil. and in other places in
Bourbon Bystander nex paper also pul-$ishcd b Defend
Missouri.

uted by m fomier huhand


Bulietinman has also been created, produced and distrib
Defendant through the iritmet an the I3ulleiinmaneom

\eFs1te

and on Yomuhe at

http:.vww outuhe corn iser lulletinman.


7

Further Affiant sayeth

Dl FF\D\fS

Exhibit

I declare under oath


I hereh\ .erii\ and affirm that I ha e read and understood this document.
ents in this document
and under penalty of penury that to the best of rn knowledge all the stateni
are true and correct.
/
-

1dy Kropf
State of Missouri
S

Lountv of St. Louis


Subscribed and sworn before me this

Notary Public

2013

__

J
t
fre
deed
to
men,rencernberthatinnthe

i,nsl choice. a soldiers

I S

Ana

Btjlletjnman.Com

314-800-3652

duc.e

kpage:

Exhibit

rrts on the bend


Meanwhile back at the Ranch. In Jefferson Corint, ttIi lunge Rouchard
conuact. In your laOe cv:
cowl
drug
the
secrr
or,
Hate
to.
rt
ukt:ig
I.
aird lamnsy Berg
it comes in contact
det:ce that the (our is a fraud upon not only it self hut everyone who
Main and Boyd
since the Recorders
ruined
now
are
records
lurid
The
DeSoto
wtrl Our govcrnnrc;it is so screwed up.
vote count is lirns?
the
that
believe
rcaIl
you
Do
iilmgs
Sri Down orCarrv Our
\IFRS
the
accepted
has
Deeds
of
rigged In this day
Fresh sliced deli meat, top tier no
If they are voting with anathing but papec ballots hand counted It can be
breast
baked
tax? Land tax?
unk here Fresh
property
personal
Assessor,
clink.
County
vigilant
a
without
even
and age
sandwiches, soups hot lunch
calls for. t lOt
the
Constswtion
irke
dres
out
put
How about a sales ta to pave the roads and
specials call 636-586-1977
for,
In protect
created
was
rt
capacit,
the
in
function
could
government
out
a flat sales tax
Mon-Fr: to 7
God grseu rights. Keep praying. Have not lieaid front Chuck al,out his lot
our
niatnlain
and
Sat 7-2 Closed Sunday
June 16th in honor
next to the Courthouse. Though there was a protest at the Jail on Saturday
iii the jail on Memorial Day morning at 3:30. Brad
dead
was
found
who
Kingerv
Bradley
of
Spotted Horse
JCSD would
was 24 being held in I believe a failure to appear traffic related warrant, The
Antiques & More
over his belongwgs. Now his
turn
to
refused
and
body
at
the
look
Mother
the
let
not even
to sire the
200 S Main DeSoto
brother is in thert on some 135! What is up with that? lo top it off finding a lawyer
carpet
Jeffiro
In
cash
upfront
of
sum
huge
a
without
impossible
is
cit
6365866399
Sheriffs departm
the Court
bagger lawyers arc coining down from the City and County to do business with
Oper Woos Sun Noon to 6
in the
family
every
of
member
one
least
at
screwed
have
attorneys
local
because most of
Rcpubhc 01 Tea tuas
up cOccI is
county. The people arc flat broke, busted not to be trusted and now the trickle
-lavens Brew CalIco
case that has
starting to show. When people lose it all that is when they lose it Ihcre is a
to get these peo
Your One Stop Gift
been going on in Jcffco for over 7 years hung juts once now they are frying
on law
ple again based ott the testimony ofa 12 year old. These Ihlks have spent $250,000
even be filed in the
Heartland Realty
yers and the problem Itas not gone away. These charges should not have
Now you
50 Jefferson Square
first place. Secondly the lawyer they lured who said that became the PA in Seffeo.
20 thousand ttiat is,
Hammond
Brain
and
Forrest
30
paid
people
these
alter
that
DeSoto 636-337-0600
think
would
Buying or Selling Real Estate thor matter would have vanished No it got to transferred to St Louts County and they
call Patty and her agents
ag city lawyers another 50 and they still owe them 100 for a hung jury.
went and gave the t
though the alleged
TIIIiY SiMPLY
They are now lawyer less and broke, The matter has not gone away even
to the police and
her
took
who
one
arid
the
times
three
least
GET RESULTS
at
story
tier
victim has changed
on Jeffcos most
started the whole ball rolling was just picked up arid released after he was
way the system
wanted list. My GOD people you just cant make stulilike this up. By the
was the accused
T aiM 0 T l(yIE]
placed the trouble young lady mu) the home of the actual abuser who
and the Bulletin lies
brother. In short order! That is just one of a hundred stories I could share
Athena School & Flucom off
ty left? I fur one
accou.titabilt
any
there
ls
become?
we
have
Sad
what
footprint
small
very
a
67 Desoto.
uric.
They that be
only
the
not
Im
afraid
I
in
arid
can not get any justice wider this system
636-337-5501
of this is that
part
scary
real
lhc
therti
with
that
he
they
than
more
lot
Teny
Paul
&
whoic
a
trust
are
You can
with us
killers under oath
If its Broke they will fix It
there are certain people who are starting to figure this out who are trained
a living under
snake
who
people
for
the
If its not they will tell you!
IROUBI.E
spells
lhat
.
Coi:stitutinn
to defend our
first stole the
They
faces.
different
Honear Mechanics axe Pneeiess
the color of law, In Crawford County same story though
of busi
Cornpuier Diaostics
place
his
raided
force
task
the
23sd
May
on
and
election fiom Larry in Bourbon
Safety and Emissions
Larry was selling
ness terroiizing the customers and children. This all went down because
not for human con
the incense that Sortie people use to get high even though it is labeled
worth of inventory, com
L_
sumption and is 100% totally legal. They stole thousands of dollars
lltough keep in
puters, cash, cashiers checks, and to top it all ott frose his bank accounts.
General Signs
for selling this
helper
his
arrested
even
11ev
guilty.
proven
until
innocent
is
rriind he
1 how much
going It tune
illegal product r..vtn though he never tool. airs mone What is it
and Graphics
ire paving these
state
great
once
thrs
of
r:trzeris
paving
tax
the
too
eniare7
more must we
306 S Main DeSoto
eneniry is You have been
terrorist. Now is tIre fine to open your eyes sod see who the real
636-586-9296
the police are the good
and
g
USA
the
thirkiri
that
washed
into
brain
l:ed too. dccciv ed and
Banners-I-Shirt,s
and carrying machine
masks
Hack
v.ur bottle though tire ne earrrrg
gays. I Late to to
pride and open
All your Sign Needs
your
aside
put
please
you
Would
guns are your trusted public servants
like a flood though the
in
Printing too
come
has
enemy
The
liar.
isa
the
devil
that
realtzir.rr
vout eyes
things. It is rn.y prayer for
A sign of a good busi
good news is that (dod c still in the throne and prayer changes
enemy is within and cast
out
that
realize
for
to
people
and
occur
to
ness is a good sigma
awakening
another great
soil them oUt
GUI)
let
all
(henri
lore
them out while fern is still time c More I es

Downtown Deli

a wi
arrd mesa:
is.
Cheap Jr
iran
1

jP Road

Pr:
BctorL

tO..

0
0
0
0
01

Cv
U

C.

00
Zo

<0

cr0
cp
0

so
so

63&475-7A

(
s car ous that poysrca courage
d ad
4
be cc cJmrmn n the wor
ak 1
warora ccJaoe Sc ram
Lan-doe s doi.ci what cure
nraCI is do There ado be iv

on teared

nvsre unless
ho,srd Vernon Rckenbaaker

r3pottec

B ac kp a e
www.bulletinrnan.
February 1
-

;a or balanco In

Ofli

nitutmt insane

0I2

5
hrrrrse

t
w
a
5

meant by

oiOerto act you r-lcrrt tar

A,

SatIated

reasonably

ai

srbL mar

.trth thlflkrrll

imacries C.ecca.actar
45 ROCK foils on you
Full upon the ROCK before th
think
when
Meanwhle, back it tne Ranch
here is no hope you et a call aim by GOD OU 1401
confirmation. Paul Curirnart the State Rep trarri House
50 aetferson Sqaure
Sponas I think it is district 105 calk me. dv tirst words to
DeSoto Mc 636-337-0600
are we doomed and he said
tim was a simple
Patty Hamrnord
that we are. Whir confirms what I nave been writing in
Broker/Owner
of
artickts
that
me
tell
to
hut
he
ETIN.
I this BUll

you

Morie

Art epiCs 5
DaC S Main Dcso
03n-)&6-639St
A Real Deal Awaits U
Over 35 be,lers Povens
Brew Coffee Repiabhc of
Tea Teas Gre C

when a mar asks

Heartlax1

quesbon,
went on

impeachment have been tiled aqamst a

}bu and Mex3


J?e.cale Mercantile
920 (7ommerice!
St Ctair Mo
Mon-Sat 10-6
iEFFO conUng

McKinley Jewelers

there has not been a judge impeached in Missouri since


Diamonds for Valentines
1960. Yea it has been 52 years since we got rid of a
11$ S Main DcScto
Judge in Missour but POul arid a levi artier courageous
okh8C-3342
reps have actually got an impeachment going it is number
Steele.
F.
Russell
named
Service
1 333 a Judge train Adair County
We will certainly keep you up to date on this matter. Paul
& Computer Repair
icily Insured, Concrete,
I is a former Maruc whu actually nonors his oath and loves
Call Rick 636-789-9050
this Country. though let me share this with you they are
Retainng Walls Flat Work,
Kennedy Tire
Natural Stone, Water
ew and far between in Jeff City. If you are a praying
1
Features
New and tlsedfjres
person please pray for Paul arid all our State Reps and
Dan 314-807-2570
Ows 6 Just South be CC
Senators. Pray for the Sheriff and his deputies to wake up
Festus 636-93-9622
and realitze that they are the instrurnen of oppression.
ViperTrailerSales
1206 ielegra Rosa
Should revival not come to the law enforcement commu850 Corn merical Blvd
Airioid MO olOli
direct
in
are
that
laws
enforcing
on
they
keep
and
nity
Herky 636-475-7487
636) 4r7-Slclr
violation of the Constitution there will be a blood bath, If
Utility Tra,ier Cargo
back.
push
will
some
people
the
pushing
EncIoed Best Price Service 2
on
they keep
OuUet
Mo
When people lose it all that is when they lose it. I would Vets helping Vets in DeSoto An
Car
not want to :xs a member of the law enforcement
Outlet shop where vor. will save
Treating People The Way We
or even be within 501) yards of a court-house. ( liii: same time helping those
community
Want to Be Treated
3 he American dream has become a nightmare and riot
Hwy 67 Next Midwest 66 Festus
who have given so much
every one Out there are like the Bulletinman. Most cant
hast Main in DeSoto
KTPOWERSPORTS
read much less write, the only thing they know how to
Exclusive
bivison Jewery
American
the
of
Most
do is shoot arid make bombs.
Hammerhead Cart HQ
Pawn Shop
riot against flesh and
wrestle
we
that
realize
dont
people
Motor Scooters. Mopeds
Hwy 61 F estus
blood but against spirtual wickedness in high places. Most
4 Wheelers
636 931-93?c.
people dont realize it is not the Sheriff or the policeman
228 N. 3rd Street
Oet Your Suns 319 Pare
who is driving biat car that pulls them over and that pulls
636-937-3298
Festus MO
up to their house to evict them, It is a spirit that has
Iced Lilac
that body to do the works of the devil. Most
possessed
Daves 509 Liquor
it.
Though
418 S. Main DeSoto
will not pray, must will simply roll over and take
W Main Festus Drive Thrc
to Town South Hair
nOxt
judge,
cop.
the
that
thirtk
will
.oca
Wines
tOw
who
there are a
0000 Beers
Offering Discounts anti Close
636-931-5090
lawyer, banker ro the one who is carrying out this evil and
Outs on Cosmetics, Health &
some will shoot them down. I for one realize that my
Beauty Stop ri and check it out
I
OUR Al) hERE
HuridredsOf $1 items
problem is not a person it is tim devil and I have power
Call 314-402-e369
314-800-3652
over all the power of the enemy. 1 nough Fm not of this
passing
just
Im
though
30W
for
CAN-Do
world. I may be in it
Democrats av to God
are not
the
guns
all
buying
are
who
ones
The
ttirough,
Republicans 7aLk dIrectly
MAINTENANCE
buying them to go deer hunting or target shooting. They
i-7nro bu: him owners are
MR. Fix-iT
are buying [ilerin iacaiJse they no lsniger rrust the
3 hi Chosen People Rich Ford
grad that Iat on
m
I
Boy
agents.
their
and
government
BIG
OR SMAu..
Fords Bait and Tackle
tie right side rid no ou stealing front the well armed
314-488-8123
k,i-235 Th64 Or The baric 1
weak, poor arc unecucated mass of people who have
debar 102
g Rater
IN DESOTO
tnregonn to be.
lied asta
pen 5 30 ru iv0u
Just about

Internet

Vet

Twa

l5uys

Fast Returns
Bjgor Small
Debbie Does Them All

COMPDTAX AiCUUN11NI

Certified IRS
E-Filer
Years of Experbse

hi
We
Vinyl
SilO

5cr

314-f

0
ci

0
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0
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F-

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_____

_______

Americas state religion. Is


patriotism, a phenomenon
or more of these seven
age
which has convinced many of
kp
ac
B
causes: chance, nature,
the citizenry that treason is
compulsion, habit, reason.
morally worse than murder or
rape
passion, and desire.
Line 2d Z01C
Witilam Slum
Aristotle
Fall upon the ROCK before the ROCK falls on you
The Pet Care
hile back at the ranch, Oh the dirty tricks and the
Extraordinare
Ilieks Lakeside Grill Meanw spew forth from the JCSDi!!!The devil is indeed
lies that
12202 State Highway 0
& Personalized Pet
a liar. If you really wanted to be a criminal wouldnt it
On the way to Greyhawk
Sitting Call Shayna
make sense to be a cop? Yea it would, you are on the
Rocky Ridge) Daily
53-1 292
_-2
ing
taxpay
inside, Well let me share this with you the
Lunch Specials
ripped
being
are
You
ri.
Missou
ry
rrcsh Hot Pizza Delive
citizen of Jefferson County
Actions lie louder
off and every dollar that you spend in our fair county
Closed Monday
than words.
about 2 cents goes to the local not-seesthi Retired on
573-483-3077
I can
A4iss Carries Treasures
Duty? Yea one .vrio has been with the )CSD since
Pure Pleasure
636 586-0884
remember is LI) KEMP and I heard that he is proud to
ftnd of Surnity Orve 0ff 67
Mega Center
say that he is retired on duty! I called LD and he called
and Long Road
aH your ovelife needs
me back. I ask him ii he really only showed up one day a
lables-G!othes For
Collec
Purr
in
always
not
is
he
that
said
North Truman Crystal
week @ Hellsboro. lie
Wed-Sat
cause
good
a
The Best 4 Less Except
Hellsboro. He is mobile Now Ed wants to be your State
Sunday
there
them
of
Rape oh I mean Rep. He is one
Dave Messer
Demoncrats there are 45 elected oftices in Jeftco 44
Down on Main St
Construction
are occupied by Demoncrats the other one is Republican
Antiques-Collectables
[)AVE. CAN 00 IT
but he appears to be the biggest turd of them all Darrel
Resale Shop
(336-9310705
o
DeSot
own
Missey is his name and he is a corrupt judge who allows
Downt
Ram Tire & Wheels
514 S. Main
child molesters to live in apartment complexes and as
their
by
ed
molest
were
836-586-7066
which
en
Childr
the
Just south of CC on 67
now sent
th were they are
Epwor
called
place
to
a
father
step
New and Used Treads
Viper Trailer Sales
basis. Tim Miller is the girls lawyers
regular
on
a
ed
molest
Call Mel_ 933-9878
850 Commerical Blvd
p
and he is in on this child slavery ring as well.
I1erk 636-475-7487
people folks are beyond corrupt I could sit here for the
Utility Trailers We Got Em
five years arid not be able to share with you all the
next
Sport/Gaming Cards
Best Price Good Qualir.v
horror stories that spew forth from the Synagoge of
Comics all kinds of
Satans local branch The Courthouse!!!!
Need Paintin-Oeisirating?
63&933-0999
Misery is created there on a daily basis and it is going to
Contract a Prrilessiniial
Main Festus
106
cease and desist as long as Im alive I will expose these
Jimmy 3l4-277-ll3
point
I) wigh I Spurgin
evil doers and run their ass out of town, The whole
-sh&Lc2
of a free press to tell the people just how bad their
Glass Painting
jin fees
government nas become! listen I love my County, city
Windows
lronio
and country enough to tell the people the truth. Our
636-678-3102
Painted
Hand
ys,
Holida
elected leaders take you all for fools. Dumbass self
paint
even
lie!!
Signs
Daves 509 Liquor
getting
about
centered people who are only concerned
facel
your
As
from.
W Main Festus
come
to
going
is
high
next
laid and where their
Drive Thru
636_633-3600
Long as the check IS there everything is a ok. ft wont be
636-931-5090
knKJ until the payments that silence tlxt masses run out
bovison Jewelry
It wont be long until the People realue that there
Pawn Shop
until
long
be
wont
It
country is being stolen from them.
&
last
the
in
6! Festus
bought
Hwy
where
that
Ammo
of
uS
the Billion rour
200 S. Main Desoto
636-931 9325
year start coining out of the 10 million guns that were
Bigger and Better
bought as well. I really think that they have no idea
Get Your Guns
More 1iiom
Buyirwj Gold
just what da.iger they have put themselves and their
coning and
2010
ROOt pitiful frirniilies in I feel tie Rising Force
Tire
gowig to
when it comes my goodness. The lkhting
Pams Monogram &
strike and they will never know what hit thenY JAHs
ice
Serv
the Hobby Girls
judgeinent is coming and in one how this country is
You ned a
325 House Sprigs Pls.a
going to change overnight it will be all over Are you
36-07-4S0>
for
Crafts
(a116
and
En,broiderv
ready to meet JESUS. Every knee will bow better to
ervone
3
bow now. fodayj,he day of salvation!!!
u.36-375-HOU

All human actions have one

www.bulletinman,com

Vinyl
Sill. Sc
5158
Jmptrti

Card Corner

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Vi ignorant person is one who


doesnt know what you have just
found OUL

e
kp
a
B
ac
g
man.com
wwwbulletin
Tul

Will Rogers

4th 1000 Bastille Dai


Sooni

Ihoso who make peaceful


revolution impossible a ill
make violent res olution
inevitable
ilk

Meanwhile back at the -anch, ow name stays the same


Pure Pleasure
2 My lame is Tlulletinman
now tell who is thc one In bianie
and Ive come to set the captives free and preach the
Mega Center.
iiwv-UC-DD
coming Kingdom of Jesus Christ. To expose, identify and
I3etween 55 and 61
Simply the Best
destroy the works of the Devil. I may not he able to
Great Drink Specials
be
wont
roy
you
bet
it
on
but
can
demise
predict
my
Price Largest
Lowest
Live Entertainment on
knees, Defiance to Tyrants is obedience to GOD This
Weekends
Selection
Beast has become a Tyrant. If you havent figured it out
Call 573-483-005
BLVD
fruman
N
be now, we be the [Toast. America is still controlled by
\Great Time All the Time
City
Crystal
New
a
lx
so
that
is
about
sacrificea
ann
to
Great Britain
AD HERE 314-800-3652
Miss Carries Treaires
V,orld Order will arise out of the ashes of America. Now
K-JEFF COM
u36586-0684
the way I read the Book the KIV Authorized Bible. He that
End of Sumdt Drive Off 67
BULLETLNMAN. COM
lerteh wiN let until he be taken out of the way. In a
and Lang Road
Contact we about Govt
moment a twinkling of an eye things are going to change
Fern La I lectuble.s Clothes
Corruption
wicked
I
That
one
will
one
wicked
be
that
Then
revealed
DAVE MLSSER
ALL OUT WIILDLIFE believe is Prince William and he makes Barrack look like a
CONSTRUCTION
pimpling idiot. It all goes back to England and their
CONTROL
DAVF CAN E)o iT
minions here in America are the lawyers. I he court and its
636931 0705
ANIMALS YOU NEED
officers are on a mission to separate you from your mooney,
GONE CALL DAVE
Ram Tire & Wheels
your family and all you hold dear. The awyers are ri bed
2410 636-368-556
with everyone aid they run the show. Isnt it time that
Just south of CC on 6
we do sometLng about theni. Im all for a peaceful
Now and Used Treaini
exodus from the promised land. We can give all members
Call Mel :tt 933-9878
850 Commencal Blvd
of the BAR (Flritisri Accrediation Registry) 48 hours starting
on September 17th to leave the country. If they are still in
Herky 636-475-747
Card Corner
the country they will be rounded up, tried, convicted and
Go-Karts-Mopeds
Sport/Gaming Cards
executed. They along with the cops, politicians and other
SeootersATV s
Comics all kinds of
accomplices will be brought up on charges. By the people.
636-933-0999
outlawed
of
Tri
it
you
out
see
rid
the
WhultisI Tei
You
got
judges and
of
%
90
cult
of
the
terrorist
we
could
America
little
rid
their
Main Festus
106
Products

Barns Bar

/)
Wa
VlnjlI
Sill Scii
51585
Impfrtal

Viper Racing

636-9314)333

Broken English Rocks


brokenengllshstL corn
Daves 509 Liquor
W. Main Festus
Drive Thru
636-931 -5090

evil. We can ship them sill back to England or Israel. Most


of course will end up iii Isreathell, thougri the love of
money isnt a racial or serTiite thing. It is universal. Though
being a Jew by blood it is hard to over come. I find myself

very tight fisted at times and I know better. My eyes are


open arid still i dont give what I should. Greed is not
goodt Ewe and it shall lxi given. You see iCs about giving.
Generous Jeff is what 1 want to be known as, not Greedy

Outside Set-Up
Davison Jewelry

Pawn Shop
Hwy 61 Festus

Grant. Or Teflon Ron, Or Cold Be llyenas, or Kurt blown


636-931-9326
2 Your
away in the breeze. Wily screw over your neighbor
dollars pa the salaries of little
Get Your Guns
brother! hey I remember the quote My loathings are
Nazi i no go around kicking
simple: stupidit,, oppiession, crime, cruel:y soft music.
Angel Nails
andmas Out of homes and
Vladimir Nabokov. I bet you Ronald and his thieving
IcaLinn Across
Ne
the
about
wont do anything
children like Perry Como and Lawrence Welk, though 4 out
From Sam Ogle
theft of property of the elderly of 5 isnt bad, Mel from Rain Tire wanted roe to mention
Shamc on yea for shopping in
llairNails Ian
the Judas Priest show Went to see the Priest g the
Jeff County
Fdmily Arena ann they wiere amaiinn very loud and hard
Junkies Tire
Four W,ndi
Brought back a lot of memorIes and thoughts they did
Service
Restaurant
the British Steel aDorn and it was a deligmt. You can c:heck
BULcEtINMAN
also
out
You
check
can
0r)
on
youtube.
it nut
36-TJ24 5
iIsn F Blackued
or you tube as well. I try to post something new every
n36-58o-55e3
3 14lOl-373
Jay. Check ii. out youll like it..or your money hackl
Affordable Fine Dining
the Pros
Expert Advice
Ravens Brew Coffee
B
kind
finds
rac
a
of
One
Tea leas
Repubbc
206 S Main the home of the DeSoto Hmstorical Seaiet
6
Sat
0
ucs
Primrose Herbs Ozark Crystals

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Case No

v.
JEFFRE R. WHNII \US,
Defendant.

AFFiDAVIT OF lit CII A. EAS1 001)


Affidavit:
Comes now Hugh A. Eastsood and states for his
1

capable of making this Affidavit.


M name is Hugh A. East nod and I am an adult

2.

ly, true copies of the Google YouTube


Attached as Exhibits 2-B and 2-C are, respective
1 errns of Service and

Cominunit

Guidelines.

3.

tidc \4eb on August 5, 2013.


I downloaded these documents from the world

4.

ust 16. 2012 is still posted and freely


At that time, Defendants YouI uhe s ideo of Aug
/!ww outuhe.com/user/hulletinman.
aai1abie on the Google Voulube sehsite at http:
.

5.

Further Affiant sayeth not.

rstood this document. I declare under oath


I hereby verify and affirm that 1 have read and unde
kno1edge all the statements in this document
and under penalty of peijury that to the best uimy
are true and correct.

LL

I)ITLNDANT S
Lxhi bit

hugh A. Fsiwood

2-A

State of Missouri

County of St Louis

I
I

Sc

Subscribed and som before mL his


4

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Notar Public

2013

L,THtJOND
ANt
7 -ursic- Nory Sea
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:

State of MIsoun

mmssoreO for St LoJs City 2014


29,
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COMMISSiON *lO43o35

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FrND;\Nys

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Terms of Service

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Your Acceptance

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IlFdts JAsiFS FOt,SOil


Jun 6, 2013

sB-RO2$090

I r anklin Coo ni. sit) so. I

ST FE OF MISSOI RI v
JEFFRE R. WEldiAt s

Pac 3

u know what the results of the

o
I)o 5

him he even said a public place, and I logically

iederal irn estigation was


k and
I just talked to Special Agent Maruseha
n
opinio
their
and
Louis.
St.
in
he sent it up to his S\(
g,
tenin
threa
to
be
video
the
ght
thou
5 was that the
video in, itself,
a howexer, the didnt believe that the

suggested that, since

Did the

2
3
4

was criminal.

Oka4

And did ou notify the FiankIn ( ounta

shenff about the anest ssarrant


ied, alter
A On the arrest warrant, S Cs. I notif
lo

tairs outside the other


11 the judge signed it. I came downs
ffs department to
sheri
the
called
12 Courthouse and I
arrest warrant and
an
ed
obtain
had
we
that
them
13 inform
arrest.
14 asked them to assist inc in the
j
arrest?
the
is
Q Did they assist you
r calls
A ito. [hey stated that they had othe
t me,
assis
to
able
avail
not
were
and
ing
pend

16

17

20
21

Okay
ahead and
A Jioweser, they felt like I could go
own.
my
on
ant
serve the warr
Q Who did you talk to at the sheriffs

22

depanment

18

19

23
24
25

So we ended up nieeOfl Ott thu

sIt

5.

Station on K

as just up the road from his house little w as.


(I Why dtd sou choose that lULatiOt,
a

It x as public, it was private. It ss as not a


there, and it was a location that he knew
traffic
a lot of
well.
fairfs
9
It was also. tactiea1l, one road in and one
10
each end of the road
ii road out, I would be able to secure
pros ided the best opportunity.
soil
unit,
a
marked
with
12
n to his
You know, and I did not want to retur
13

sldco sasang that he


house in any ssay. because hed made a
and I just felt
guns,
aug
carrs
and
four,
con
death
a as on

14

would spark an incident.


n.
Q Why didrit xOU choose an alternate locatio
coo?
with
meet
to
hrn
for
I
I
such as droop C. or roop
anteti an isolated place a here
\ I .ike I said, w t

like

16
17
19

A It was one of their majors.


Q Do you remember his name?

to go hack to his house

2]

one
werent a loi of Cntranees and Cxits, where no
went
ng
anythi
if
hurt
could get could be possibly

22

wrong.

23

there

20

You think would it be more dangerous for him


to come to a highway patrol troop station?
A Well, typically, I wouldnt have him go to

24
25

I dont remember his name.

we were sitting there, and he said


would meet us there,
he
it was oka, that

-1

45 32
n
0

Paqe 31)

Q
2

tOo

&
4
S

And then how did you make contact with Jeff,


I called him on his phone.
Okay tend did you tell turn that von v crc

going to arrest hun

No, sir, 1 did not.

Why not?

110
11
12

13
14
15

A I wanted to not tell Jeff that I was, you


think that
know, going to arrest him, because I didnt
want to
didnt
I
or
f
in,
himsel
turn
he would want to
have any problems with that.
to
I felt like if I would come up with a ruse
explain
could
I
ent,
equipm
meet him and return some of his
t, cr505
to him in person that I had an arrest 1, arran
gitticig
doing it oxer the phone and possibl. Ou know.

into more [roil hIs.


t
Becanse if id of told him theres an arres
17
area, or barricade
the
flee
to
tr
hed
e
mat)
and
t,
18 warran
so 1 just told him thai
19 himself, or do a number of things,

16

20
21

I needed to meet th him

22

23
24

25

to

gis C him his computers hack.

Did you believe Jeff was dangerous


At that point, not really.
Okas And where did you arranec (

Iroop

the gas station, at the MFA station?


A Initially, no. 1 mean, we were well

we
our
know,
,
you
seseral
had
\4e
s.
firearm
9 brought seseral
The only thing
things.
and
us
ivith
ent
equipm
safety
10
da. when I spoke to Jeff on
ii thai concerned rue was that
he hadnt been agitated
and
d,
i: the phone he was agitate
him before.
with
dealt
I
si
hen
3 the times
.4

is
16
17
18

19
20
21
22

PCi I

has him
& Originalh we bad, we had set up to
is es er, when I talked to
ho
,
station
Fs
M
the
at
us
meet

tjnl been
C, thats an hour and a half awas, lse
meet me.
him
base
just
would
I
career,
2 there once in ms
warrant. I would
Counts
in
Frankl
a
was
it
Sluice
3
somewhere in Franklin
4 ruormnalls have the people meet me
to the department.
down
them
5 County and take
about your safety at
ned
concer
you
Were
Okay.
6
Q

((Lilt

occurred. but
He was not happs about things that
agitated.
seemed
he
ila,
that
and
hi (l(drtt seem agitated,
use
you
when
me,
tel]
just
you
Can
floss so

behaviors did
the word agitated, what statements or

ng real
A Just his tone of voice, lie was talki
thiuk he
dont
I
he-he,
and
curt,
real
was
lie
fast,
he was
so
me,
trust
didnt
trusted me, and he told me h
on edge as well.
)

25

--

QL,j Were

at gas
\

rrnmnps,

s asnt

Reportinmt sSSOC iates

50.. rusee ,dout

fuel pumps at bu

the pr(senc

location

initially. becausa

DE1T\1)\TS
Exhib ii
3

IN IIIFCIRCL II COt RI lORFR\NKI 1\(Ot%l\


0th it DIC lAl CIRCt II
Sl%l1 01 MISSOLRI
slIl 01 MISSOIRL

JL FFRL Y R WLINH4L S.
Defendant.

)
I
)

Case No. 12A8-CRO2 109-01

)
)
)

DEFENDANTS SECOND MOTION IN LIMINE


Comes now Defendant Jeffrey R. Weinhaus. by counsel I lugh A. Eastwood. and states as
Defendants Second Motion in Limine:
Any mention of the following items before the jury would (a) deny Plaintiff a fair trial.
b, be inadmissible for any purposes. and cj cause improper prejudice. wherefore Defendant
moses the court to prohibit the State from either mentioning or referring to the following items in
voir dire, opening statement, examination of witnesses, presentation of evidence, or closing
argument, or at any other time in the presence of the jury:
I.

Contents of Delendants ear shotgun and handgun. [he troopers recovered a shotgun
and a handgun from Defendants car after they shot Defendant Those two weapons
stayed in the ear after Defrndant exited the car. 1 he troopers own testimony to date
indicates that the used a ruse of returning seited computer equipment to lure Defendant
to thc gas station to sene at arrest warrant. I he recording of Defendant indicates that his
state of mind was that he believed the ruse, in that he triumphantly declared that he had
won and that his seiied property was being returned. lhere are no charges inwhin&
unlawful possession or use of the shotgun and handgun. I here is no collateral es idence
of bad intent by Defendant. \ ci the State wants to argue Defendant was loaded for

hear and intenued to use an arsenal of


handgun in the

at

ha e noti ng to do

eapons anainst the troopers .1 he NhotCull and


ith the attempted assault and reusting arrest

charges against Defendant. particularl as they sere unkno\\n to the troopers until long
after they shot Defendant. I he prejudicial effect of allo\\ ing the Stale to present
e idence of the shotgun and handgun is o er helming. but the probati e ci Lct is lo\\
and misleading.
Granted
2.

O erru lea

Defendant reser es the right to moe further in I/mine based on the States proposed
evidence at trial.

WHEREFORE Defendant pras this

Court

SI. Si 1
UN his second motion in limine, and

for such other relief as ma be just. meet and reasonable.


Respectfully submitted.
Attorne\ for I)efendani
JJuh A. Eastnood
I lugh A. Eastood, MH1, # 62058
7777 Bonhomme Avenue. Suite 16u3
St. Louis. Missouri 63 I 05-. 1941
heastood aeastoodlavstl.eorn
lax
(314)7274473
Id.
(314)727 3533
Cell
(314) 809 2343
So Ordered,

lion. Keith M Sutherland, Circuit .1 udge


i)ate
Cl R Ill 1( \ 11 01 SI RVI( I
I he undersigned certifies that on September 22. 2013 (s)he ser ed this document on

IW

Robert I Parks. II
I ranklin Count Prosecuting \norne\
15 S. Church St. Room 204
1 mon. MO 63084

Ihe rnethod() olsen ice: Missouri courts e filing system.

LI?

Iii

LJ
m

IN 1 11 (IRU 11 (011<1 01 iRAN Ri IX (01 N


SIAII. 01 MISSUI RI

S I A IL 01 M1SSO( RI,
PlaintilL

(ause

,\ B-(R024(

\i.

l)

1)rsision No.
Nuther1ri;

jt,j,c.

Jellery R

cinhaus
I )e fl.ndant

STATFS MO [ION IN LIMINF. I


es Robert 1.
(OMLS N0\\ the State of Missouri. tv and throuoh Prosecuting Attorn
Parks, and moves that the auornev for the defendant,

voir dire, openirw statement. presentation ol

tIre

detendani. arid delinse

e. i1rrcses

dar rue

idence and final areurems be instructed ret

menlion or he permitted to elicit testimony either directly or indirectly by

question

or

to

comment

the follossing
That defendant is the ic1im of a crime in this case and not the defendant.

Defendant has signed seseral documents tiled sirh the uurt


is

not the

victim

of an crime as charged h\ the State in this

as

deldicunt

\ ft inn

cause. \ ictirns in

i)ulcrJa::1

this cause are I he

State. Judge Kelly Parker Sgt Folsom and (p1 Menden


Respectfully suhm ted,

Robert I

Parks 6J

Prosec.otng A[torne\

( ount

mon.

1 1 ranklin
Mrssourr (y30d4

PROOI 01 SLRVIC I

delivered
this is to certi1 that a cops of the above and ftregoing ssas hrnd
Court (fl prrl 2 2(1

to cleidndan jr

en

FILED
SEP 04 2O

I ii H (IRCt ii (01 R 11 OR 1R\NKI.IN


20th JI i)ICIAL CIR(( I
SF\11 OI MISSOL RI

BILL D MiLLER

ST \TE 01 \IISSOI Ri.


(cisc \o. I 2\H-( R02409-flI

R \\ I l\II\1 S
I)ctend.ni,
I
l)EF I2\1)ANTS OPPOSITION TO STATLS MOl ION IN LIMlN

Conies n [)eldndant JcIYrc R Weinhaus.

[rt

counsel I lug0 \. hast\\ ood, and states as

his Opposittun te Siates Motion in Lmnne.


to himself as a
Uhe State has rno ed in limine to exclude Defendant Iroin reherring
\jCtifli.

2.

lii. lolsom are the


lhe basis ut the Statcs motion is that Judge Kcll\ Parker and Sgt,
tampering, and his
victims in toe case. rcspecti\ clv, ol I )ciiendants ailcued ndicial
alleged asaiJ1 on a la\ entureernerit olhcer and resisting arrest.

3.

t to shoot and
Ii is uneorltru\ erted. ho\e\er. that Sgt. il.J. lolsom used his tirearn

ting to ser e art arrest


gric ouSI\ x ound Defiendant multiple times in the course of attemp
s also shot at hut ma\
warrant on I )efendant on Septemher Ii, 2012. ((pr. Scott Merten
01

4.

nld\

tias e struck Delendaiti.

Merex I lospital in St. Louis


Detendant required air lifting to the trauma unit at St. Johns

( or
5.

001

NI

t\

tumcnts pi odm ed h inc State rclr

Ji

chm tint
eg

to

the I)elend.tnt as the

he. c ineIud dudumenb created h the \lissouri


\ i lighsa Patrol supplemental report

fl

ictim of a police

ite I lighss is Patrol

ce

6.

r the mrs

FhL ue

i.fier I

but a*

not just ss h.ther the Defendant coinmined the charged ollenses.

ti.iILIHIt posed a IlIreal

In

the

I has. Defendant needs to he rehrred

Def:alai;

npe:s

to.

th::i ;.dteJ }ieir shuoline

ldetii.d Is tceurate1\, as the s ictlm ot

stauliiig in oi der to defend himself agaInst the eharpes.

a pie

7.

is

Accordinel

it ssould substantially prejudice I )eldndant not to he rclrred to, factually

accuraicls as the s ictiin of a police shooting.


8

1 urtiermora, in his defense a criminal defendant has in almost unlimited catalogue of


peinissible defense arguments After all,

it

can only possihls he error

urhed. Set H hat partie. may argue

argument

if

the Defendants

in Dierker. 28 Mo. Prac.. Criminal

Practice Handbook 29.3 (2013 ed.)


WI ll,Rl.l( Rh. Defndant pras this C ourt DENY the States motion in lirnine, and for
such other relief as may he just. meet and reasonable.
Respectful!. suhmiied.
Attorney Id.

)e;etJaiit

6205(
lluhA. lugod. \113l
7777 BonI ine As ernie. Suite 1603
St. Louis. Mi: soin o3 105l )41
heastwood .ast a dlnss sticorn
lax
(34: dV3
,

\oX

(3l.

(cli

3i

ii

Ihe underd:i ed
a H
Robert 1:
Franklin ( tat i>:
15 S. Chuic t
Oit
nion. M

I ties that on

ecutlllg

\twrne\

rn 204

Ihe methi,di

(FR lIFIEAI L OF SERVRI.


20! is the sers ed this docimient on:
Q

ice, by Iirst class mail

a:
-I

PO1
I4JSOUFI SlATE iiLl
NEPOPJ OF :li:.S:zutica;

Smmco:2
S

:sE;:::
INVCLEi) SIICCI INC
FRANKLiN
C9,ll/2jl
INACIIVF
:IOiNFtL:N CCSJNIY

0CC TYPE: C
COUNTY
)ATE/TIME:
OFFENSE SIAJ J
DOCATION:

:1

SCENE PROCESSED:
00CC AT

SCENE.

tJtESTIJA
NMARY
T

1.

The vict h
a.

Jeffre

the shooting in thuis incest iqatic:n iS:


N.

eihaus who

01 ri:u Oct obei


Cl
I: scour i
,

A chronc
a.

ag:

is descrihec
6, L9C6, residiiig t
pnone number 3 14

cynops:

of

evOnts

i S

IS

a white male,
23CC Hi Lway K,

cS

CO

date
St.

OWS

On iscacy, September h, 2012, at approximately 1221


hours, Missouri StaLe Highway Patrol Division of Drug and
Crime (ntro1 Sergeant H. Folsom and Corporal S. Mertens
contactd Missouri State Highway Petrol troop C
and requested
Corninunicat Cons, via Troop I Commuxi cat ions
a oad Trooper to ass: ci with the arrest of Jeffrey
Earlier that day, warrants for ti:e axrst of
We: rLhaLs
Je::ihacs were rssued cn srankl in County or true cruarges
Poor sc i on of Contrc ild Subs canoe Except 35 gx urns o
of
tamper q w: 1 n JilIlciar
LeSs Mar: jua:la (Pc_any C lass Cn
and Possession at up t.o 35 grams
Felony Class C,
Oh ben
Mar j uan (Mlsterneanor Class A)
,

b.

At prcximtely 1228 hours, Missouri State Highway Patrol


827, was niqned to assist and
Tr op
Trooper Servers
t c
con
I S rgoant No. sorn

At

d.

ccci

nc

iy

r:aua

1 24u heart, Je
as C tloirhaw

wa:

:al_ccd
cc the

lrcaco Ssvcis contacted


A: n:::uroi
y li56 hears
he MEA Oil Parkway
2: :snua :01 san: on soc parking tot c I
Missourr
5c3 Highway K, St. C la:
a od t
I
their
ScrgerH Fc Isor: rnformcd rooper Servais
location
their
of
th
t
a
us anc asked htm to po.
Keathiey
Crprl
oave
Serais
IrOorer
1.
He
asked that
the r lcvation
: :h
p
,

r,
--_-_.

G__

iN L C1RCt iT COURT OF F RANKI IN (01 NTY


SI All 01 MISSOI. RI

SIAIE OF MISSOURI.
Cause No.

Plaintiff.

I 2AB-CR02409-0 I

l)ivsion No.
Sutherland
Judge:

VS

JelTery R Weinhaus
Defendant.

S[A FES MOTiON IN IIMINE 2

COMES NOW, the State of Missouri, by and through Prosecuting Attorney Robert F.
Parks, and moves that the attorney for the defendant. the defendant. and defense witnesses during
voir dire, opening statement, presentation of evidence and final arguments shall he instnicted not
to mention or be pennitted to elicit testimony either direcii or indirectly by question or
comment the following
Any reference to I)efendants 13-Tube Videos still being shown on U-Tube,

Although Defendants L -Tube videos are still being shown on .J-Tube such information is
irrelevant to these proceedings as the issue before the jury is their effect in August and
September of 2012. Any reference to their present statue would not be probative to the jury and
would be out weighted by their prejudicial effect.
Sustained

Respectfully submitted.
/s Robert H. Parks

1)enicd
Robert F. Parks- 36333
Prosecuting Attorne
Counts of Franklin
I. men, Missouri 630X4

FliLzU
OCT

I
1
BILLD. M L
FRANKLIN CCJifl
By

2313
.:

PROOF 01 SERViCE
Ihis is to certify that a copy of the ahoxe and foregoing F rnai1ed to the attorney of record
s Robert I.. Parks

PS I Ill CIRCL II (OtRi FOR I R %\hl i\


OthJtDlClAI ClR(t II
SIAlI Of \llSSOt RI

cot l\

SIATFOFsIISSOL.RI.

)
)

Case \o. I 2AB-CRO2 109-01

JI.I FREY R. VEINHAL S.


Defendant.
DEFENDANTS OPPOSITiON TO SlATES SECOND MOTION IN LIMINE

Comes now Defendant Jeffrey R. Weinhaus. by counsel Ilugh A. Eastvood and


Chnstopher M. Combs. and states as his Opposition to the Stat&s Motion in Limine 2:
The Court has already ruled that the jury shall hear the Youtube tiden published .ugust
17. 2013 entitled The Parts s OveC in nhich the Defendant makes certain statements and also
certain captions called annotations appear. it is uncontroverted that this ideo as
disseminated by Google Youtube service, which the court can take judicial notice is a public
forum available to anyone ith internet access to the world ide web. There is no cc idence that
the video was mailed or otherw ise specifically directed to Judge Kelly Parker.
The question for the jury is hether the ideo constitutes judicial tampering with Judge

Kelly Parker under the elements of RSNIo. 565.084 MAI 3d 329.85. The Court has already

ruled that the subjectic reaction of Judge Kelly Parker is admissible testimony. and thus the
Court has indicated that the jury is not simply to make an objectie ealuation of the speech. but
also a sutiecthe ecaluation. Whetl ci the speech constitutes judicial tampering is not lust a
question limited to ujwst and Septeinbet 2012. the jury must determine whether l)efendants

weech as reasonably calculated to harass Judge Parker and whether the Defendant so acted

____

ith the purpose to harass Judge Kel l\ Parker in the perlorrnane of the judicial oftIcei s oluic ial
duties.
,\s such, the fact that Googles \ outuhe ser ice has I erms Of Ser\ ice and
Communit Guidelines. that the

utuhe

n estigating trooper contacted Gooale

ideo is still present on the hsite. and

hether the

Youtube in the course 01 his investigation is also a fair

line of inuir on cross examination. \\ hats sauce tar the goose is sauce tar the gander.
V H EREFORE Defendant JetTre\ R. Weinhaus mo es this Court to 1)1 NY the States
Motion in Limine 2. and for such other relief as is just, meet and reasonable.
Respectfully Submitted.
:\ttorfley for Defendant
JJuh .1. Lastuood
I lugh A. Eastood. MIII. ti 62058
7777 I3onhomrne Avenue. Suite 16(13
St. Louis. Missouri 63 I (>5-I 941
heast. ood a east oodIa stl.com
(314) 727 4473
Fax
Id,
(314)7273533
(314) 809 2343
Cell
j/isfQ?!rJ1.fonlbs
(hristopher M. (ombs, MIII. 11655 2
4242 Laclede A e.. Unit I 04
t. 1.ouis. MO 63108
cornhschris I agrnail,com
Iel,3l4 578 1465
I a.\: 314 531 1069
([lull IC 11 01 SlR\ l( F
I he undersigned certifles that on 10 07 2013 (s)he sel\ ed this document on.
Robert L. Parks. Ii
I ranklin Count Prosecuting \tton e
I S. ( hurch St,, Room 04
f nion. MO 63084
fIzh 1. 1a,,iuood

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