Court Date Finally Set

[cowboy444]

I finally received a call this morning. My court date is February 24th at 9:00am in Medford, Oregon at the federal court house 310 W. 6th St.
I'm hoping to fill the court to capacity with miners.
Below is the particulars in case you don't know about it.

cowboy444

According to the citation I was scheduled to go to court in Medford Oregon on 11-10-11 at 8:30am, however I was required to call a Portland,OR phone number before my court date.
citation # 36 CFR 261.10c or e My carbon copy has blurred area so it's hard to tell.

I called October 31st and got a recording asking for my name, violation number, location of violation and callback number. Then the recording informed me that I would receive a call within 5 business days. On November 7th I called the number back and at the last of my input I made sure to include that this was business day 8. On Tuesday morning I stopped at the Federal Courthouse on my way home from vacation. After the homeland security screening I made my way upstairs to the recorders office. The lady there told me she only handled fines if I wanted to pay the assessed fine of $225.00. I informed her that that wasn't going to happen so she gave me a different number to a lady named Melody in Portland. I got the same recording as the two previous calls. After giving all of the information I made sure to include business day 9.
Within one and a half hour I got a call from Melody.

The citation is actually 36 CFR 261.10a according to Melody.

It seems that USFS Officer Fakier is on special assignment out of the area until February. If I don't get a call from her before January 21st I need to call back.

SO...I'm hanging on a string without getting my due process or speedy trial. I could file for dismissal under those grounds but then I wouldn't have accomplished what I set out to do.

1. The Forest Service has no rights to regulate the river.
2. Officer Fakier has no right to issue citations on the river.
3. The Wild and Scenic Rogue River ceased to be a Wild and Scenic River in 1988 when the 10 year study(October 12 1968) and 10 year extention(1978) expired.
An extention was filed for in 1985!!! and supposedly granted.
I'll keep you all updated with the hearing date for my trial.

36 CFR 261.10a Constructing, placing, or maintaining structure or facilities without authorization

36 CFR 261.10c Selling or offering for sale any merchandise or conducting any work activity without authorization.

36 CFR 261.10e Abandoning any personal property

[Reno badboy]

OK, so what is this all about??? I haven't seen or heard anything on this. As usual I'm lost!

[russau]

Good luck Randy! i wish i could be there in support for you but $$$$. carefully watch that they dont swap times /dates on you like they did for Matt Mattson! he lucked out and showed up to the courthouse a day earlier to check the docket nad he noticed that they change the appearance date to a day earlier (for the day that he actually did show up) and the state prosicutor stepped out of the doorway and saw him.then the prosicutor turned around and dropped the case.the state didnt want any possible precident setting case to upset "their apple cart"! the state tried to be sneaky and move the date up trying to have Matt as a noshow since he lived in Fla. these guys are lowlife, underhanded,sneaky jerks! watch your self !please keep us informed!

[Joe S (AK)]

Hey there, Randy!

Am I, also, asleep at the switch? I haven't heard word one about these accusations, nor, of course, that it was going to court.

Without going, in any way, into defense strategies what are you actually accused of having done? Dredging? Highbanking? Sluicing? Daring to pan, in front of God and everybody on a public river? The Official Wording is as vague as it can possibly be.

Joe

[russau]

Randy explains this over on www.49ermike.com

[gremlin]

i know Matt had all his paper work and every thing in order. i would of made made them hold the court date on the day set. let the judge know that they can not switch dates with out notifying both sides. that would of up set them even more.

[russau]

Mel ,Matts case was in Oregon and it dont get much greener than Oregon! it looks like the entire westcoast gubermint/courts has a thing for mining,and other states are watching and getting ready to follow suit. it has/is already happening in other states. as everyone knows the USFS is everywhere and trying to force feed us their wishs and putting "their words" into everything!

[cowboy444]

Hey there, Randy!

Am I, also, asleep at the switch? I haven't heard word one about these accusations, nor, of course, that it was going to court.

Without going, in any way, into defense strategies what are you actually accused of having done? Dredging? Highbanking? Sluicing? Daring to pan, in front of God and everybody on a public river? The Official Wording is as vague as it can possibly be.

Joe

The easiest way to explain it is that I was convinced that I could put a gold extraction device in a Scenic waterway even though U.S. Forest Service told me NO. They even told me I couldn't prospect because the area was "WITHDRAWN FROM MINERAL ENTRY"

I was cited for 36 CFR 261.10a
Constructing, placing, or maintaining any kind of road, trail, structure, fence, enclosure, communications equipment, or other improvement on National Forest System lands or facilities without a special use authorization, contract, or approved operating plan, inless such authorization, contract, or operating plan is waived pursuant to 251.50(e) of this chapter

As you can see there is nothing at all about using a motorized device to get gold. I'm really surprised that they're still pushing for this because they have violated several of my rights.
1. swift and speedy trial
I was cited on September 26th
2. title 36 part 228.7 failing to give a written warning
3. exceeded their power under color of authority putting issuing officer and supervisor in the way of a law suit for due process.
If they don't change the court date on me, I'll really give the USFS a run for my money. Then I'll go for theirs.

cowboy444

[Joe S (AK)]

TEAR 'EM A NEW ONE!

Joe

[russau]

wishing you all the luck Randy! let us know if we can be of any help!