State of ND v. Wilson (Oct. 15th Water Protectors), Case # 30-2016-CR-1337

About This Page- Read This First

.Contents of Page:

Section I – Historical Context of The Situation at Standing Rock & Which Led Up to My Arrest:  Why the Water Protectors were there; case background including treaty & pertinent legal information.  Also includes why me & my partner came to Standing Rock.

Section II – Evidence from Oct 15th, The Day I was Arrested, Including How My Rights Were Violated Under Color of Law:

Includes:

Section III – Oct. 24th, What Happened During (including the transcript of) My Arraignment.

Facts:

Section IV – Fellow Civilians were made to “Stop Filming” in court due to an illegal illegal MEDIA POLICY instituted ten days after I reserved my right to film during my the arraignment:

Section V – Informed  My Next Appearance was Postponed, & that I’d receive a Notice to Appear once it was Rescheduled.

Section VI – Notice from State Attorney’s Office sent on 3-21-2017, & received by me on 3-28-2017:

Section VII – During “2nd Request” for Discovery on 4-19-2017, was informed that “Next Court Appearance was Tomorrow” on 4-20-2017, and that the Notice to Appear was sent to an address I had not Authorized:

    This section includes several recorded phone calls (including summaries & transcripts for each call) to the Morton County State’s Attorney’s Office, Morton County Clerk of Court’s Office, Burleigh County Clerk of Court’s Office, & the South Central Judicial District Trial Court Administrator’s Office.  Phone calls confirm:

Section VIII – Further injustices occur during my 4-20-2017 appearance:

  • I was switched judges to her Hon. Judge Gail Haggerty, & the moment I walked into the courtroom, she demanded I “shut off my phone”.  I held up transcript from my Arraignment along with a printout of several Supreme Court Rulings which affirm our “First Amendment Right to Film”, as well as a Letter I’d prepared for the Judge along with a copy of the MEDIA POLICY I was concerned may be used in order to abrogate my right to film the proceedings, & stated what I had with me & that “Judge Haskell confirmed my right to film the proceedings during my Arraignment.  I have the transcript with me.”  Her Hon. Judge Gail Haggerty told me that was a different Judge & regarding a different matter, & that it didn’t apply for this appearance, & that I had to either shut off the phone or be removed from the courtroom by force.  I shut off the phone & stated “My civil rights were just violated.
  • Prior to approaching the stand, her Hon. Judge Gail Haggerty‘s assistant questioned why I missed my appearance on 4-18-2017.  I asked her where the Notice to Appear was sent, & she replied “Bodfish, California”.  I then informed her that my “Notice to Request Discovery” was sent to my mailing address in Fairfax, California, that my Notice to Appear on 4-20-2017 was sent to P.O. Box 298 in Cannonball, North Dakota, & that my Notice to Appear on 4-18-2018 was sent to Bodfish, California.  “I was sent three different notices to three different addresses!”  That is why I missed my appearance and almost missed this appearance had I not called in regarding my Discovery yesterday!  I held up a second letter I had prepared for the Judge which contains supporting evidence proving why I required a Continuance due to the fact my Notice to Appear was sent to an address I hadn’t Authorized & had never used.  (I’d stayed up most of the night preparing both letters).  The assistant went back into the Judge’s chambers presumably to explain the situation to her Hon. Judge Gail Haggerty.

Section IX- Additional Recorded Phone Calls on 4-23-2017 Confirm “the Only Mailing Address I Ever Gave Morton County Officials” was Fairfax, California:

    This section contains more recorded phone calls, & summaries & transcripts of each call.

Section X- On 5-5-2017 I picked up the Discovery from the Morton County State’s Attorney’s Office, which included All Evidence the State intended to Use Against Me.  Also attempted to Order Overpriced Audio Files & Transcripts from my Previous Appearances:

    This section contains:

  • video footage from the related visits to the State’s Attorney’s Office & also the Morton County Clerk of Court’s Office.  I filmed this due to the fact & would face further injustice & then be left without evidence.
  • All documents, footage, & photographic evidence given to me by State’s Attorney’s Office’s employee Shannon Eagon on Friday, 5-5-2017 following my Request for Discovery.

Section XI – Jury Selection & Trial on 5-26-2017:

   Coming soon.  This section contains a summary, audio recording, & transcript from my trial.

Section XII – Legal Filings in for Upcoming Civil Actions:  

    Coming soon.  Everything I plan to file & where I plan to file it, prepared publicly below so that everyone can learn “what to do in these types of situations”.  Again, everything throughout this page is being broadcast for First Amendment purposes, as the only reason I was arrested in the first place was due to the fact that my First Amendment right, & the First Amendment rights of fellow civilians were violated on 10-15-2016 under color of law.

ALL RIGHTS RESERVED:

None of the below PDFs are to be filed in a separate or related case; as soon as the CLAIMS associated with this case have been filed, the case number will be displayed here & may be referenced in additional Civil Actions.  There will be a Petition available on this page soon that anyone can sign to join in this action.

Section I- Historical Context of the Situation at Standing Rock , & Which Led Up to the False Arrest Against Me

Download the PDF:  Part 1 Claim (includes Testimony) Against ND & Local Gov’t Officials by Alex “Distance” Wilson

     The following September 6th, 2016, Democracy Now!  report is referenced on page 8 of the above Claim: the above claim – one of many videos released that day which evidence attacks dogs being released on mostly indigenous civilians, & also of ancestral burial sites being desecrated:

    This report by Lawrence O’ Donnell is also referenced on page 8 of the claim, which brings the circumstances into historical context:

    The Following 4 PDFs are Referenced on page 9 of the Claim as the “Pipeline Bursts: Their Causations, and the Deaths, Bodily Injuries, & Economic and Ecological Damages they inflicted 2009-2016” report:

Pipeline Bursts; Causations, & the Deaths, Injuries, & Damages they Inflicted 2009-’10

Note:  Pages 13-17 evidence a pipeline rupture which causes oil to travel through the soil more than 100 feet, & then contaminate a creek that is a local drinking water supply.  DAPL is built 92 feet below the surface of the riverbed.

Pipeline Bursts; Causations, & the Deaths, Injuries, & Damages they Inflicted 2011-’12

Pipeline Bursts; Causations, & the Deaths, Injuries, & Damages they Inflicted 2013-’14

Pipeline Bursts; Causations, & the Deaths, Injuries, & Damages they Inflicted 2015-’16

    Also page 9 of the Claim  references North Dakota Geologist John Bluemle’s May 27th, 2015 report entitled “EARTHQUAKES”, which evidences that on Monday, July 8th, 1968, “the State Capitol Building shook” when “a 4.4-magnitude earthquake… centered just southwest of Huff… was felt over a 3,000-square-mile area”. Huff is located approximately 25 miles from where DAPL crosses Lake Oahe!  Furthermore, there have been three earthquakes with their epicenter in the Williston area in 1915, 1946, and 1982, which is where the north end of DAPL crosses the river!  DAPL is not earthquake proof. Due to the face that DAPL is located ~92 feet below the surface of Lake Oahe, when a rupture does occur, digging 92 feet beneath the surface of the river to stop the rupture will prove arduous & costly, and further contamination will occur & further damage the water supply during that time, thereby causing several tribes, wildlife, & U.S. Citizens to suffer, endangering their very survival, likely causing several deaths.

Earthquakes” report: http://johnbluemle.com/tag/earthquake-history/

Kevin & I Began Hitchhiking to Standing Rock on September 6th, 2016:

    We had only recently been robbed in California& this cause is dear to us; for many years I had been documenting ethnobotanical plant uses & traditional wild living skills with Lakota/Cherokee/Northern Cheyenne elder Richard Lonewolf in the Sequioa National Forest / Mojave Desert area for many years.  In addition, I had been studying pro se litigation primarily for the purpose of enforcing one’s civil rights against color of law crimes.  Due to the fact that Native Americans were calling out for help from people around the world, & I had skillsets which were particularly needed, it felt apparent to both me & my partner Kevin that we ought to just get our belongings together, have faith, & hitchhike to Standing Rock.  Some photos from the hitchhike:

My dear friend Kevin Byrd on September 8th as we were hitchhiking hitchhiking out of California to Standing Rock. We had 2 boxes, two backpacks, & a guitar because we had “just been robbed” so we left w/ most of our things.   Kevin’s Facebook profile: https://www.facebook.com/kevin.byrd.752
Kevin & me with a Good Samaritan who picked us up hitchhiking in Nevada & brought us to the Utah border– the lovely Teresa Lynch Evans.
After Teresa dropped us off, we were picked up by a Russian man named Yurig who took us into Utah & gave us food.
    Can’t believe we hitched w/ all this stuff, but we had just been robbed from our home so we just took what we had with us!! That’s why it took us so long but we finally made it. 

Brief Interview w/ Some Folks who Picked Us Up Hitchhiking on the Way Here:

We Arrived on September 20th:

    We arrived to Sicangu aka Rosebud Camp on September 20th, & after a short stay moved to  Oceti Sakowin Camp.  Soon after we moved Sacred Stone Camp, where we would stay for many months to come.  Every day prior to winter I would hitchhike to either the public library at Sitting Bull College or to Prairie Knights Casino, from where I’d continue compiling casework on a daily basis.  There at Sacred Stone Camp, there was a big sign which hung above the “sacred fire” where people would gather; many signs such as this were a constant reminder of the 1851 Treaty of Fort Laramie and 1868 Treaty of Fort Laramie:

Photo from Sacred Stone Camp’s Facebook page: https://www.facebook.com/pg/CampOfTheSacredStone/photos/?ref=page_internal

I Began Compiling History to Bring Clarity:

     I began reading the treaties prior to arriving at Standing Rock via the history section on the Standing Rock Sioux Tribe’s website, & upon additional research noticed that Article V of the 1851 Fort Laramie explains that the entire Missouri River belongs to the ‘Sioux & Dakota nations, as explained within page 12 of the Claim.

   Following additional research, I compiled the following:

Analysis of the US & Tribal Fiduciary Relationship Explained, Court Rulings & History pages 1-78

Next section of the above PDF coming soon.

    In order to further explain context to these case rulings and to bring context to both treaties and the implications regarding the cultural convergences, I then compiled the following PDFs.  Intellectual property & copyrights reserved:  

Note:  The below PDFs, though thorough, will be added to in the coming years, however at this time it is of direly urgent that they are submitted in their current form to the courts due to train of abuses Water Protectors have faced, coupled with the immediate danger many now find themselves in with the courts after having been falsely accused while demonstrating their earnest & lawful , Constitutionally-protected prayers & protests due to legitimate & sincere concern regarding the safety of the water, wildlife, & the welfare of the tribes.  Most Water Protectors, from my personal conversations with many of them, are unknowledgeable in courtroom procedure, & are facing the courts the best they can, but are scared of the courts, especially due to perceived historical violations of the Constitution & violence against Native Americans in general.

Ch 1 Pre-Contact Tribes of the Great Plains & Black Hills, pages 1-55

Ch. 2- Midwest Tribes’ First Contact w: French & Spanish, Introduction to Horses & Guns pages 57-89

Ch 3 European History, The Union of The Crowns, & The Colonization of Eastern America pages 91-146

Ch 3 European History, The Union of The Crowns, & The Colonization of Eastern America pages 147-193

Ch 4 American Revolution, The Great Law of Peace, & The New U.S. Constitution pages 195-244

Ch 4 American Revolution, The Great Law of Peace, & The New U.S. Constitution pt 2 pages 245-287

Ch. 5- 1781-1839; Tecumseh, War of 1812, Andrew Jackson & Indian Removal, Cherokee Syllabary pt 1 pages 289-334

Several more sections coming soon.

Section III-

Evidence from Oct 15th, The Day I was Arrested, Including How My Rights Were Violated Under Color of Law:

   On Thursday, October 15th, 2016, she was arrested alongside 9 other Water Protectors who near the intersections of Highway 6 and County Road 135:

Aerial photo of arrest site:

Click any of the photos throughout this webpage to enlarge.

Map of Arrest Site in Relation to Sacred Stone Camp, Mandan, & Bismarck, ND:

   The following is an excerpt from an article published by  14 arrested during another day of pipeline protests” b

    Earlier in the day, 10 people were arrested after allegedly congregating in the middle of Highway 6 near an active construction site and refusing to leave, according to Keller.

    Keller said the caravan was stopped by police at the intersection of the highway and County Road 135 around 9 a.m., about two miles south of where crews are actively running pipe — the same place a large protest took place Monday.

    The group got out of their cars along the road, and some refused to leave on orders from police, Keller said. They are facing charges of disobedience of a public safety order during riot conditions and disorderly conduct…

    Highway 6 was temporarily closed to traffic from St. Anthony to County Road 135, and local residents were advised to stay off of the road.

Full Article:  14 arrested during another day of pipeline protests” b

    Below includes evidence which proves that everyone arrested on October 15th was under false pretenses.

Note:  All evidence indicated by the term “Discovery was given to Ms. Wilson by The State Attorney’s Office on Friday, 5-5-2017 by employee Shannon Eagon in response to her Request for Discovery.  Ms. Wilson was sent a “STATE’S DISCOVERY RESPONSE and REQUEST and NOTICE OF INTENT (N.D.R.Evid. 707); the notice was sent to her at 141 Lansdale Ave., Fairfax California on 3-21-2017.

Official Call for Service received Morton County Sheriff’s Department @ 7:31 a.m.- Discovery:

PDF of report: (10-15-16) MCSO CFS # MT-16-5560 No Case #.

 Main content of report:  “BIA REPORTS 100+ PEOPLE GATHERING AT THE CAMP, MANDAN TOC NOTIFIED, STARTING TO GET IN VEHICLES, UNKN DIRECTION AT THIS TIME, BIA 10-05 PEOPLE ARE HEADING WB TOWARDS SOLEN, APPROX. 15 VEHICLES LOADED W/OCCUPANTS, MRTN CO TOC NOTIFIED, BIA 10-05 SAME GROUP OF PEOPLE ARE NOW, HEADING NB ON STHY 6, 15 TO 20 VEHICLES LOADED WITH OCCUPANTS, 911 CALL FROM FISHERMAN AT FORT RICE, 400-2575 PROTESTORS ARE HEADING NORTH, TOC NOTIFIED, 32 VEHICLE NORTH OUT OF SOLEN, MANDAN TOC NOTIFIED, [name & phone number of caller omitted], CALLED AND 30-40 CARS HEADED NORTH ON GRAVEL, NORTH OF SOLEN, RP [name & phone number of caller #2 omitted] ADVISES THERE IS A LARGE GROUP OF PROTESTERS 4 EAST AND 2 SOUTH OF ST ANTHONY…., 3 PEOPLE, 64TH ST, CORN FEILD TO THE NORTH, PEOPLE HINDING THE FIELD RP NICOLE JACOBSON 516-7240

Video #1:

    Video shows line of vehicles driving northbound on Highway 6. Several North Dakota & local government officials are blocking the right-of-way, which causes civilians to pull over to the side of the road.

    John Wathen narrates while filming: Alright. We’re rolling up on the site, & it looks like the police have got the road barricaded. They’re not going to let us in. I”m not exactly sure what’s going to happen here, but here we go. They got the tank out in the road. I don’t know if anybody can see this.

Download the PDF:  Transcript of Video #1

Video #2:

    Video by John Wathen shows civilians now out of their vehicles in front of the officers who are blocking the road, pleaing to them let them move north.    Traditional singing & drumming heard in background.

Excerpt from transcript:

Civilian: “This ain’t no power struggle. We’re just trying to exercise our rights, so let us through. They’re public roads. Our taxes are what pay for these roads and your paychecks…. Why can’t you guys be bigger men & put your gear down & do what’s right morally? There will be cops who turn their badges in because they know this ain’t right.

Download the PDF:  Transcript of Video #2

Video #3:

    Singing & drumming in background.

Civilian’s voice:  “We’re here for YOU. We’re here to save the water for future generations.

Another Civilian:  “What happened to ya’lls Oath?  Do you guys just not think about the Oath you gave?  I can tell you’re thinking about it, man.  THE OATH! What happened to it?

Download the PDF:  Transcript of Video #3

Video #4:

Excerpts:  

    Officers forming a straight line while one places orange cones on the ground.  Traditional songs & drumming heard in background.

Civilian:  “We ain’t doing this for chaos.  We can see ya’ll’s faces.  Ya’ll don’t like this.  Where’s your morals?  Think about it.  Do you want your kids to be raised in a country like this where they think its okay– buy ya’ll keep letting it happen.

Officer on megaphone:  “Everyone in the crowd needs to back up….

Download the PDF:  Transcript of Video #4

Video #5:

Excerpts:

   Traditional singing & drumming heard in background.  An officer reaches toward one of the civilians.

Another civilian steps between them, & states:  “You cannot put hands on him.  You can’t touch him.

Civilian:  “Hey!  Don’t touch him!  Don’t touch him!  You don’t have a right to touch him! He’s not doing anything!

Officer:  “Back up.

Another officer:  “Don’t get any closer.

... …

Civilian:  “I don’t see why we have to have such a big fight over WATER…

Download the PDF:  Transcript of Video #5

Video #6:

Excerpts:

   Officers standing in line blocking road.  One Sheriff’s Deputy with black ski mask films the scene.

Civilian:  “You’re violating our civil rights.  You’re violating our civil rights

Another civilian:  “We have First Amendment Rights.  Time to start protecting your people.

… …

Another civilian:  “What’s going to happen when that pipeline breaks?  What water are your daughters & sons going to drink? How much money they going to have to pay for clean water?  Ten dollars? Twenty dollars?

Another civilian:  “You guys don’t make that much.

Another civilian:  “You’re violating our civil rights over what belongs to us!

Download the PDF:  Transcript of Video #6

Video #7:

    Officers lined up blocking Highway 6 at the intersection of County Road 135.  Traditional prayer songs & drums play in background.

Civilian:  “Think about it– First Amendment Rights!  We have the RIGHT to peaceful (muddled).  We have the right to pray!  Who are you protecting now!?

Video #8:

    Video #8 ( video below) evidences that Alex “Distance” Wilson attempted to perform a Citizen’s Arrest.  Officers ignore her.

    According to North Dakota Century Code Chapter 29-06-20 (1), A private person may arrest another for a public offense committed or attempted in the arresting person’s presence.

    According to North Dakota Century Code 29-06-18, “An officer may take before a magistrate a person who, while engaged in a breach of the peace, is arrested by a bystander and delivered to the officer.

    Furthermore , according to North Dakota Century Code 29-06-21 (1), “A private person making an arrest must inform the person to be arrested of the intention to arrest the person, and of the cause of the arrest, unless:

1.  The person to be arrested then is engaged in the commission of an offense.” 

   In addition, according to North Dakota Century Code 29-06-23, “A private person who has arrested another for the commission of a public offense, without unnecessary delay, shall take the person before a magistrate or deliver the person to a peace officer.

Excerpts:

Alex “Distance” Wilson:  I have a right to make a Citizen’s Arrest.  I’m witnessing United States Code Title 42 Conspiracy to Interfere with Civil Rights occurring.  I could get tried with Action for Neglect to Prevent if I don’t report this crime, & so could you, & I don’t want you guys (indicates to officers) to get falsely charged.  I don’t want these guys to get falsely charged (indicates to civilians).  I need to speak to the highest ranking officer right now so I can let them know which statutes I’m referring to so we can make the arrests.  This is being recorded.  I need help.  I need help.  We are in distress.  Who can I speak to so we can get the arrests on these men?  I will take it to court myself going pro se civil litigation…. I’m not in violation of the law, but I’m witnessing a crime, & it would be irresponsible of me as a witness to not create this Citizen’s Arrest right now, & I have a right.  I reserve that Right right now.  Will any of you honor my Right to do a Citizen’s Arrest?  I require to speak to the highest ranking officer here…

Download the PDF:  Transcript of Video #8

Video #9:

   Video #9 shows Jeffrey Haining get arrested, & also Distance‘s pleas continue to be ignored by officers.  Officer on megaphone demands civilians disperse, civilians comply immediatly:

Download the PDF: Transcript Video #9

Video #10:

 

    Transcripts and legal analysis of the following two videos I filmed, are available within pages 18-45 of the Claim:

    Part one evidences myself being ignored while asking several officers for their names & badge numbers, & also while trying to speak one on one with an officer in order to show to them the above research which proves DAPL was illegally approved, & by what means:

Video #11:

      Part from above video, about a minute later:  Militarized police continue blocking the road. The citizen’s arrest is announced again to other officers. Request for badge numbers is ignored.

Distance EverheartWild Willpower

Video #12:

    This video shows nearly all the civilians chanting in unison, in response to the civilians who were arrested:  “Let them go!  Let them go!  Let them go!

Video #13:

     The following video compilation was compiled by John Wathen, & broadcast on 10/16/16 along with the following firsthand testimony.  Excerpt from Mr. Wathen‘s witness testimony:

    “I witnessed the violation of 1st Amendment rights of around 50 people on Hwy 6 Morton Co SD.  We gathered where police were obstructing a public highway.  We were stopped before any crime or action had occurred. They blocked the road and told us we were obstructing a public roadway so we moved into the grass where several people were arrested AFTER complying with the order to get out of the road.

    One singer was arrested and his ceremonial drum confiscated.  The police used it as extortion by refusing to give it back to tribal people there until we agreed to leave.  They returned it and we left as promised but the damage to the 1st Amendment was already done.”

Video #14:

    Further video of the impasse, as a small number of Protector’s stand in peace and prayer. Leaders tell Protector’s to step off the road. Police continue standing in the road.  Dispersal warning is given although the road is no longer blocked by Protectors. People who are not in the road are illegally arrested.

-Joseph White Eyes  (video length 30:20):

Video #15:

    Protectors are no longer in the road and are being warned to disperse, although they are not violating the law. Police continue blocking the public road. More illegal arrests are made.

Lolly Bee  (video length 26:55)::

John Wathen uploaded the following photos to his album ‘Day of Action 10/15/16’ on Facebook on 10/16/2016:

   Photo of the man acting as Commanding Officer, whom Distance Evereheart Declared a Citizen’s Arrest upon within the above video:

lietenant

 

honeyriot

Lt. Jason Stugelmeyer:

Above photo uploaded by “Morton County North Dakota on Jan 20, 2017- from video: “Lt. Jason Stugelmeyer explains why officers working the DAPL Protest wear protective gear to shield themselves from violent outbreaks from protesters“.

Section IV – Oct. 24th, What Happened During My Arraignment:

Facts:

Section V – Fellow Civilians Told Me they were “Made to Stop Filming” during their Proceedings”:

Section VI – Informed  My Next Appearance was Postponed

    I was informed over the phone that I would receive a Notice to Appear once it was Rescheduled.

Section VII – Notice I need to “Request the Discovery” sent from State Attorney’s Office on 3-21-2017 & received by me on 3-28-2017:

Section VIII – During “2nd Request” for Discovery on 4-19-2017, was informed that “Next Court Appearance was Tomorrow” on 4-20-2017, and that the Notice to Appear was sent to an address I had not Authorized:

    This section includes several recorded phone calls (including summaries & transcripts for each call) to the Morton County State’s Attorney’s Office, Morton County Clerk of Court’s Office, Burleigh County Clerk of Court’s Office, & the South Central Judicial District Trial Court Administrator’s Office.  Phone calls confirm:

Call #1 on 4-19-2017:

    Distance calls Morton County State’s  Attorney’s Office at 3:05 pm.      Call Length: 12:26

Summary: Distance calls the Morton County State’s Attorney’s Office for the second time in regards to obtaining a copy of the Discovery in response to the “STATE’S DISCOVERY RESPONSE and REQUEST and NOTICE OF INTENT TO USE EVIDENCE” notice that was sent to her on 3-21-2017. During the call, she is informed that 1.) she needs to submit her Request for Discovery in writing, & 2.) she has a court appearance “tomorrow” (4-20-2017) to which she was not given notice of! She is informed she needs to contact the Burleigh County Clerk of Court’s Office.  Download a PDF of FULL TRANSCRIPT for Call #1 on 4-19-2017

Call #2 on 4-19-2017:  

    Distance calls the Burleigh County Clerk of Court’s Office at 3:18 pm.  Length: 3:01

Summary: Distance calls the Burleigh County Clerk of Court at the number she was given to call at the Morton County Clerk of Court’s Office, & is informed that she needs to call the Morton County Clerk of Court’s Office to find out “where her Notice to Appear for her 4-20-2017 was sent”.  Download a PDF of FULL TRANSCRIPT for Call #2 on 4-19-2017

Call #3 on 4-19-2017:

    Distance calls Morton County Clerk of Court’s Office at 3:22 pm.  Call Length: 0:56

Summary: Distance calls the Morton County Clerk of Court again, & is this time informed that she needs to talk to “Court Admin” there.  Download a PDF of FULL TRANSCRIPT for Call #3 on 4-19-2017

 

Call #4 on 4-19-2017:

   Distance calls the Burleigh County Court Admin at 3:23 pm.  Call Length:  2:14

Summary:  Distance calls the Burleigh County Court Admin Office, & is informed that her “Notice to Appear” was sent to P.O. Box 298 in Cannonball, North Dakota. She is informed: “that is the address you gave when you were arrested”. Distance contends that she has “never had a P.O. Box in Cannonball”, & would not have authorized that as a mailing address. Distance requests to “change the address they have on file”, & is informed she needs to “call Morton County Clerk of Court” to change the address on file.  Download a PDF of FULL TRANSCRIPT for Call #4 on 4-19-2017

Call #5 on 4-19-2017:

Distance calls the Morton County Clerk of Court at 3:26 pm.  Call Length:  1:45

Summary: Distance calls the Morton County Clerk of Court. It is confirmed that they have “P.O. Box 298 Cannonball, North Dakota” as the address they have on file for Ms. Wilson. Distance then requests they change the address to her mailing address in Fairfax, California, which the Clerk confirms is done.  Download of PDF of FULL TRANSCRIPT for Call #5 on 4-19-2017

 

Section VIII – Further injustices occur during my 4-20-2017 appearance:

  • I was switched judges to her Hon. Judge Gail Haggerty, & the moment I walked into the courtroom, she demanded I “shut off my phone”.  I held up transcript from my Arraignment along with a printout of several Supreme Court Rulings which affirm our “First Amendment Right to Film”, as well as a Letter I’d prepared for the Judge along with a copy of the MEDIA POLICY I was concerned may be used in order to abrogate my right to film the proceedings, & stated what I had with me & that “Judge Haskell confirmed my right to film the proceedings during my Arraignment.  I have the transcript with me.”  Her Hon. Judge Gail Haggerty told me that was a different Judge & regarding a different matter, & that it didn’t apply for this appearance, & that I had to either shut off the phone or be removed from the courtroom by force.  I shut off the phone & stated “My civil rights were just violated.
  • Prior to approaching the stand, her Hon. Judge Gail Haggerty‘s assistant questioned why I missed my appearance on 4-18-2017.  I asked her where the Notice to Appear was sent, & she replied “Bodfish, California”.  I then informed her that my “Notice to Request Discovery” was sent to my mailing address in Fairfax, California, that my Notice to Appear on 4-20-2017 was sent to P.O. Box 298 in Cannonball, North Dakota, & that my Notice to Appear on 4-18-2018 was sent to Bodfish, California.  “I was sent three different notices to three different addresses!”  That is why I missed my appearance and almost missed this appearance had I not called in regarding my Discovery yesterday!  I held up a second letter I had prepared for the Judge which contains supporting evidence proving why I required a Continuance due to the fact my Notice to Appear was sent to an address I hadn’t Authorized & had never used.  (I’d stayed up most of the night preparing both letters).  The assistant went back into the Judge’s chambers presumably to explain the situation to her Hon. Judge Gail Haggerty.

What happened” coming soon.

Section IX- Additional Recorded Phone Calls on 4-23-2017 Confirm “the Only Mailing Address I Ever Gave Morton County Officials” was Fairfax, California:

    This section contains more recorded phone calls, & summaries & transcripts of each call.

Call #1 on 4-24-2017:

Distance calls the South Central District Court at 11:00 pm.  Call Length:  1:30

Summary: Distance calls Burleigh County District Court’s Court Administrator to see when her trial is set for. She is informed that the trial has not been set yet.  Call 6 on 4-24 TRANSCRIPT- Court Admin, no trial date set

    Posted the following onto Facebook on 2-24-2017 at 2:20 pm:

     “Just called Morton County Clerk of Court (call is recorded so that I have evidence) & explained what happened regarding me receiving my “Notices to Appear” at 2 different addresses that I would not have Authorized for them to send mail to. I asked the woman where they got those addresses (the one in Bodfish, California & the other at PO Box 298 in Cannonball, ND), & she did a search to find out, but she could not come up with anything. She said: “The only address we have on file for you is from your Bond agreement- which says Fairfax, California. I don’t see any other addresses on file here.” I then asked for her name & employee number. She informed me her name is “Joyce” & that they don’t have employee numbers, & that they cannot give out their last names, & that there is only one Joyce in the office there. The time I called was 2:20 pm.

More calls from this day coming soon.

 

Section X – On 5-5-2017 I Picked up Discovery from State’s Attorney, & was being overcharged for Audio Recordings & Transcripts from Morton County Clerk of Court’s Office:

5-5-2017 vid 2: Distance @ State Attorney’s Office picking up Discovery 

5-5-2017 vid3:. Distance speaking w Clerk of Court re: Ordering Audios & Transcript

5-5-2017 vid4: Distance @ Clerk to order Audios & Transcript (not much)

5-5-2017 vid5:. Distance requesting Audio & Transcripts of Appearance on 2-20_17

Discovery:

Discovery:

Coming soon:

a criminal Complaint the South Central Judicial District for violation of U.S.C. Title 18 §242. Deprivation of rights under color of law; Judge Haggerty instituted an illegal Media Policy exactly 10 business days after I reserved my right to film the court proceedings “for First Amendment purposes” during my Arraignment, a right which his honor Judge Bruce Haskell confirmed, as verifiable within the Transcript of my Arraignment.

Related Articles Released Afterward:

May 29, 2017:  Article released by InsideSources:  “As North Dakota Continues to Try Standing Rock Protesters, Dismissed Cases Pile Up”  by .

Excerpt:  “On Thursday, a judge acquitted Alex “Distance” Wilson midway through her jury trial. Wilson had been charged with disorderly conduct and disobeying a public safety order under riot conditions, two misdemeanors.

Section IV- Legal Analysis

  Coming soon.

Section VI- Bibliography

[1]:  Oppenheim, L., International Law: A Treatise, 8th Ed., Vol. 1, edited by H. Lauterpacht (New York: Longmans, Green & Co., 1955), page 963-964.

[2]:  Government Printing Office:  “INDIAN AFFAIRS: LAWS AND TREATIES; TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851”:  http://digital.library.okstate.edu/kappler/Vol2/treaties/sio0594.htm

Creating Clarity from Chaos