29 March 2001:

Add 60 pages of documents 45, 54, 55, 56, 57, 60, 65, 66, 67, and page 2 of 76.

Since March 23, 2001, all TIFF images of filings have been removed from the Western Washinton District Court Web site.

It appears that many pages of Jim Bell's filings were deliberately omitted from the Court's TIFF images, with only the first page provided of documents 55, 56, 65, 66 and 67 and other documents not offered at all. The missing pages vividly describe alleged collusion by Bell's attorney, Robert Leen, the federal prosecutor, Robb London, and Judge Jack Tanner to deny Bell his legal rights to a fair trial.

Add docket entries through March 28, 2001.

26 March 2001:

Date: Mon, 26 Mar 2001 16:24:04 -0500
From: Declan McCullagh <declan@well.com>
Cc: cypherpunks@cyberpass.net
Subject: Re: Screwing Jim Bell Royally

On Sat, Mar 24, 2001 at 06:50:32PM -0500, John Young wrote:
> What's up with Declan's fighting his subpoena? Is the press

My lawyer is talking to the Feds...

-Declan

-----

From: Gordon Jeff  TIGTA <Jeff.Gordon@tigta.treas.gov>
To: "'jya@pipeline.com'" <jya@pipeline.com>
Subject: Bell trial postponed 1 day
Date: Mon, 26 Mar 2001 17:30:35 -0500

John

The Judge has decided he will not actually start Bell's trial until Tuesday,
4/3 - everyone's testimony will be delayed 1 day - So you will need to be at
the Federal courthouse in Tacoma by Wed, 4/4 at 9:00am, and you should be
done no later than Thursday afternoon

If you want to be reimbursed for your expenses, you will need to make travel
arrangements through the US Attorney's office, Dru Mercer, (206) 553-7970

Jeff

-----

25 March 2001

Selected recent case filings by James Bell provided after the court docket and linked to it.

See original federal complaint, Docket No. 1: http://cryptome.org/jdb111700.htm

The trial is scheduled to begin April 2, 2001.


Source: The site of Western Washington District Court by way of the PACER subscription service.

Docket as of March 23, 2001 3:15 am Web PACER (v2.3)




U.S. District Court

U.S. District Court -- Western Washington (Tacoma)

CRIMINAL DOCKET FOR CASE #: 00-CR-5731-ALL

USA v. Bell

Filed: 11/29/00
Other Dkt # 3:00-m -05172



Case Assigned to: Judge Jack E. Tanner

Case Referred to: Law Clerk Gregory Leever



JAMES DALTON BELL (1)             Wayne Clark Fricke
     defendant                     [term  02/16/01] 
                                  FTS FAX
                                  FAX 1-253-572-1441
                                  [COR LD NTC cja]
                                  LAW OFFICES OF MONTE E HESTER
                                  1008 S YAKIMA AVE
                                  STE 302
                                  TACOMA, WA 98405
                                  253-272-2157
                                  Robert M Leen
                                  FTS FAX
                                  FAX 748-7821
                                  [COR LD NTC cja]
                                  CROWLEY LEEN
                                  601 UNION ST
                                  STE 4610
                                  SEATTLE, WA 98101
                                  206-625-7500
Pending Counts:                          Disposition
18:2261.F Interstate Stalking
(1 - 2)
18:2261.F Interstate Stalking
(1s - 2s)
18:2261.F Using Facilities of
Interstate Commerce of
Interstate Stalking
(3s)
18:2261.F Interstate Stalking
(4s - 5s)
Offense Level (opening): 4       
Terminated Counts:
   NONE
Complaints                               Disposition
For Violation of 18:2261A -
Interstate Stalking
[ 3:00-m -5172 ]
U. S. Attorneys:
  Robert Louis Jacob London
  FTS FAX
  FAX 553-0755
  [COR LD NTC]
  U S ATTORNEY'S OFFICE
  601 UNION ST
  STE 5100
  SEATTLE, WA 98101-3903
  206-553-7970




DATE     #                   DOCKET     ENTRY
11/17/00 1       COMPLAINT signed by  Magistrate Judge J. K. Arnold
                 [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]

11/17/00 -- DEFENDANT James Dalton Bell arrested [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 2 MOTION to detain by USA as to James Dalton Bell [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 3 MINUTES of Initial : JKA, Dep Clerk A Swan, AUSA B Sievers for R London, Def Counsel Wayne Fricke for B Leen, Tape # JKA 695, USPT Julie Busic, dft present in custody; Dft advised of rights/charges; first appearance of James Dalton Bell , Attorney Wayne Fricke for Robert M Leen for this hrg only appointed/present; detention hearing set for 3:30 on 11/22/00; preliminary exam set for 4:00 on 11/29/00; Dft remanded. (cc: counsel, PTS, USMO, Min Bk) [ 3:00-m -5172 ] (tw) [Entry date 11/21/00]
11/20/00 6 FINANCIAL AFFIDAVIT as to James Dalton Bell; Qualified by JKA [ 3:00-m -5172 ] (tw) [Entry date 11/28/00]
11/22/00 4 MINUTES of Detention Hrg : JKA, Dep Clerk A Swan, AUSA H Berry for R London, Def Counsel Robert Leen, Tape # JKA 696, USPT Joe Mendez, dft present in custody; dft stipulates to detention; dft ordered DETAINED w/o prej to review [2-1]; Dft remanded. (cc: counsel, PTS, USMO, Min Bk) [ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/22/00 5 DETENTION ORDER of James Dalton Bell pending Trial by Magistrate Judge J. K. Arnold (cc: counsel, PTS, USMO) [ 3:00-m -5172 ] (tw) [Entry date 11/27/00]
11/27/00 12 ARREST Warrant returned executed as to James Dalton Bell 11/17/00 (tw) [Entry date 12/04/00]
11/28/00 7 CJA Form 20 (Appointment of Counsel)for James Dalton Bell; appointing Wayne Clark Fricke for purposes of the initial appearance only. [ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/28/00 8 CJA Form 20 (Appointment of Counsel) for James Dalton Bell ; appointing Robert Leen; terminating attorney Wayne Clark Fricke. [ 3:00-m -5172 ] (kam) [Entry date 11/28/00]
11/29/00 9 INDICTMENT by USA Robert Louis Jacob London. Counts filed against James Dalton Bell (1) count(s) 1-2 (car) [Entry date 11/30/00]
11/29/00 10 ORDER CONTINUING DETENTION by Magistrate Judge Monica J. Benton as to James Dalton Bell (car) [Entry date 11/30/00]
11/29/00 11 MINUTES of Arraignment on Indictment:JKA, Dep Clerk:Kelly Miller, AUSA:Cpt Gordon for Robb London, Def Counsel: Robert Leen, Tape #JKA 698, USPT/USPO:none. D' pres in custody. D' James Dalton Bell arraigned; PLEADS NOT GUILTY TO CHARGES. Attorney present. Pretrial motions cutoff ddl set 12/20/00 and jury trial set for 9:30 a.m. on 1/22/01 for James Dalton Bell. D' remanded. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 11/30/00]
12/11/00 13 MOTION for in camera hearing re: legal cnsl by D' NOTED FOR 12/22/00 (car) [Entry date 12/11/00]
12/11/00 14 LETTER by D' Bell re: cnsl (car) [Entry date 12/12/00]
12/14/00 15 MOTION to suppress by defendant; ORAL ARGUMENT REQUESTED NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/14/00 16 MOTION to continue trial date by defendant NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/14/00 17 MOTION to dismiss indictment by defendant; ORAL ARGUMENT REQUESTED NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/14/00 18 MOTION to change venue by defendant; ORAL ARGUMENT REQUESTED NOTED FOR 12/22/00 (car) [Entry date 12/18/00]
12/22/00 20 MOTION for pretrial conference by defendant James Dalton Bell NOTED FOR 1/5/01 (ec) [Entry date 12/27/00]
12/26/00 19 CJA Form 20 (Attorney Payment Voucher) by Wayne Clark Fricke for James Dalton Bell Voucher #: 001215000163 Amount Paid: 126.00 (ec) [Entry date 12/26/00]
12/28/00 21 MEMORANDUM by defendant re motion for in camera hearing re: legal cnsl by D' [13-1] (ec) [Entry date 12/28/00]
12/29/00 22 MINUTE ORDER by Judge Jack E. Tanner ; motion hearing is 1:30 on 1/4/01 for James Dalton Bell (cc: counsel, Judge) (ec) [Entry date 12/29/00]
1/3/01 23 PROPOSED COLLOQUY by Gov't for use at Faretta Hrg on D' request to proceed pro se [13-1] (car) [Entry date 01/04/01]
1/3/01 24 RESPONSE by Gov't to motion to change venue by defendant [18-1] (car) [Entry date 01/04/01]
1/3/01 25 RESPONSE by Gov't to motion to suppress by defendant [15-1] (car) [Entry date 01/04/01]
1/3/01 26 RESPONSE by Gov't to motion to dismiss indictment by defendant [17-1] (car) [Entry date 01/04/01]
1/3/01 27 MOTION for competency evaluation for D' Bell by USA (car) [Entry date 01/04/01]
1/3/01 28 DECLARATION of Robb London in support of motion for competency evaluation for D' Bell [27-1] (car) [Entry date 01/04/01]
1/3/01 -- LODGED ORDER re: motion for competency evaluation for D' Bell by USA [27-1] (car) [Entry date 01/04/01]
1/3/01 29 MINUTES of Hrg on Mtn for Competency:JET, Dep Clerk:Debby Harrison, AUSA:Robb London, Def Counsel:Robert Leen, CR:Teri Hendrix. D' pres in custody. Hrg held. Court continues matter to 1:30 p.m. on 1/5/01. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 01/04/01]
1/5/01 30 MOTION to require D' to furnish handwriting exemplars by USA as to James Dalton Bell (car) [Entry date 01/05/01]
1/5/01 -- LODGED ORDER re: motion to require D' to furnish handwriting exemplars by USA as to James Dalton Bell [30-1] (car) [Entry date 01/05/01]
1/5/01 31 MINUTES of Hrg on Mtn for Competency:JET, Dep Clerk:Debby Harrison, AUSA:R London, Def Counsel:R Leen, CR:L Luce (Vernon). D' moves to excl witnesses. Court signs Order for competency evaluation and directs Gov't to file Order re Discovery procedures. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 01/08/01]
1/5/01 32 ORDER by Judge Jack E. Tanner GRANTING motion for competency evaluation for D' Bell by USA [27-1] medical examination ordered for James Dalton Bell. **SEE ORDER FOR DETAILS** excludable started. (cc: counsel, Judge) (car) [Entry date 01/08/01]
1/8/01 -- Gov't's proposed ORDER on Non-Disclosure of Discovery (car) [Entry date 01/10/01]
1/8/01 34 MOTION to reconsider Court's restriction on D' access to discovery by defendant NOTED FOR 1/19/01 (car) [Entry date 01/10/01]
1/9/01 33 ORDER by Judge Jack E. Tanner RULING ON motion to require D' to furnish handwriting exemplars by USA as to James Dalton Bell [30-1] is STAYED. (cc: counsel, Judge) (car) [Entry date 01/09/01]
1/11/01 35 ORDER by Judge Jack E. Tanner that no materials disclosed by the Gov't as part of its disc obligation shall be shared by def cnsl w/the dft until further ntc of the Court.(cc: counsel, Judge) (car) [Entry date 01/11/01]
1/16/01 36 RENEWED MOTION for Court to address D' concerns re: counsel NOTED FOR 1/26/01 (car) [Entry date 01/17/01]
1/17/01 37 ORDER by Judge Jack E. Tanner that D' motion to reconsider Court's restriction on D' access to discovery defendant [34-1] is STAYED. It will be considered after it is determined whether or not the D' is competent to proceed in this matter. (cc: counsel, Judge) (car) [Entry date 01/17/01]
1/17/01 38 ORDER by Judge Jack E. Tanner that D' renewed motion for Court to address D' concerns re: counsel [36-1] is stayed. It will be considered after it is determined whether or not the D' is competent to proceed in this matter. (cc: counsel, Judge) (car) [Entry date 01/17/01]
1/25/01 39 SUPERSEDING indictment James Dalton Bell (1) count(s) 1s-2s, 3s, 4s-5s (car) [Entry date 01/26/01]
1/25/01 40 ORDER CONTINUING DETENTION by Magistrate Judge Monica J. Benton as to James Dalton Bell (car) [Entry date 01/26/01]
1/29/01 41 TRANSCRIPT of proceedings for the following date(s): 1/3/01; CR initials: T Hendrix (mw) [Entry date 01/31/01]
1/31/01 42 ARRAIGNMENT LETTER by US Attorney (car) [Entry date 01/31/01]
2/1/01 43 DECLARATION of James Dalton Bell re: mental competency (car) [Entry date 02/02/01]
2/6/01 44 TRANSCRIPT of proceedings for the following date(s): 1/5/01 (Re: Mental Evaluation/Exam) CR initials: Laura A. Gjuka (car) [Entry date 02/07/01]
2/8/01 45 MTN for sanc & recuse various ofcrs of the Court incl Atty's Leen & London & the Court by D'; OA REQ NOTED FOR 2/16/01 (car) [Entry date 02/08/01]
2/12/01 46 NOTICE OF COMPETENCY HEARING by Judge Tanner Competency hearing scheduled for 10:00 a.m. on 2/16/01 for James Dalton Bell. (cc: Judge, all counsel) (car) [Entry date 02/12/01]
2/15/01 47 NOTICE and ALERT by D' James Dalton Bell of Violation of Speedy Trial Act (car) [Entry date 02/16/01]
2/16/01 48 MEDICAL REPORT received for James Dalton Bell **FILED UNDER SEAL** (car) [Entry date 02/16/01]
2/16/01 49 MINUTES of Hrg on Competency:JET, Dep Clerk:Debby Harrison, AUSA:Robb London, Def Counsel:Robert Leen, CR:Teri Hendrix. D' pres in custody. As to competency, D' requests witnesses: Dr. (not present), Mr. London, DENIEDt. No obj to report. Court FINDS D' competent. To dismiss Mr. Leen - DENIED. To recuse JET - DENIED. To recuse Mr. London - DENIED. All other D' mtns (filed prior to competency issue) DENIED. Court signs Order re Handwriting exemplars. Doctor's report ORDERED sealed. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 02/16/01]
2/16/01 50 ORDER by Judge Jack E. Tanner GRANTING motion to require D' to furnish handwriting exemplars by USA as to James Dalton Bell [30-1] (cc: counsel, Judge) (car) [Entry date 02/16/01]
2/16/01 51 LETTER by cnsl for D' re: D' refusal to sign speedy trial waiver (car) [Entry date 02/16/01] 2/16/01 52 LETTER by defendant James Dalton Bell re: attorney (car) [Entry date 02/16/01]
2/16/01 53 MINUTES of Arraignment on Superceding Indictment:JKA, Dep Clerk:Donna Smith, AUSA:Robb London, Def Counsel:Bob Leen, Tape #JKA 710. D' pres in custody. D' James Dalton Bell arraigned; PLEADS NOT GUILTY TO Superceding CHARGES. Attorney present. Pretrial motions cutoff set for 3/9/01 for James Dalton Bell and jury trial set for 9:30 a.m. on 4/2/01 for James Dalton Bell. D' remanded. (cc: counsel, Judge, PTS, USMO, USPO) (car) [Entry date 02/20/01]
2/23/01 54 MOTION for a bill of particulars on original & superceding indictments by D' NOTED FOR 3/9/01 (car) [Entry date 02/26/01]
2/23/01 55 MTN to recon recusal of Court and on-the-record instr of D' to his unwilingly imposed appt cnsl by D' NOTED FOR 3/2/01 (car) [Entry date 02/26/01]
3/1/01 56 MOTION to appt an exp wit on Search Warrants & Evidence to Ass't D', testify at evid hrg by D' NOTED FOR 3/9/01 (car) [Entry date 03/01/01]
3/1/01 57 MOTION to order the psychological eval of 3 gov't wits by exp wit appt'd for D' Bell by defendant NOTED FOR 3/9/01 (car) [Entry date 03/01/01]
3/1/01 58 STATEMENT by defendant James Dalton Bell and On-the-Record instruction to Atty Robert Leen RE Disc & Other issues (car) [Entry date 03/01/01]
3/1/01 59 MOTION for hearing re substitute counsel on behalf of D' NOTED FOR 3/16/01 (car) [Entry date 03/01/01]
3/7/01 60 MOTION to compel discovery by defendant James Dalton Bell NOTED FOR 3/16/01 (ec) [Entry date 03/07/01]
3/7/01 61 RESPONSE by Gov't to Dfts' pro se motions [54-1], [55-1], [56-1], & [57-1] (car) [Entry date 03/09/01]
3/7/01 62 RESPONSE by Gov't to D' motion for hearing re substitute counsel on behalf of D' [59-1] (car) [Entry date 03/09/01]
3/7/01 -- GOV'T LODGED ORDER re: motion to compel discovery by defendant James Dalton Bell [60-1] (car) [Entry date 03/09/01]
3/8/01 63 OBJECTIONS by D' to Gov't proposed order re: Governing D' access to Discovery Materials [0-0] (car) [Entry date 03/09/01]
3/8/01 64 MOTION to adopt previously filed mtns; mtn to adopt D' pro se pleadings NOTED FOR 3/16/01 (car) [Entry date 03/09/01]
3/12/01 65 MOTION to compel disclosure of Gov't extortion of officers of the court by defendant NOTED FOR 3/23/01 (car) [Entry date 03/12/01]
3/12/01 66 MOTION to strike trial date by defendant NOTED FOR 3/23/01 (car) [Entry date 03/12/01]
3/12/01 67 MOTION to dismiss 1/25 superceding indictment due to vindictiveness by defendant NOTED FOR 3/23/01 (car) [Entry date 03/12/01]
3/13/01 68 MTN to adopt D' mtn to cmpl discl of Gov't Extortion of Ofcrs of the Court; mtn to str trial; mtn to dism re vindictiveness NOTED FOR 3/16/01 (car) [Entry date 03/13/01]
3/13/01 69 MOTION to continue trial by D' NOTED FOR 3/23/01 (car) [Entry date 03/14/01]
3/13/01 70 EX PARTE FILING D' 1/11/01 discovery letter **FILED UNDER SEAL** (car) [Entry date 03/14/01]
3/14/01 71 ORDER by Judge Jack E. Tanner GRANTING motion to adopt previously filed mtns; mtn to adopt D' pro se pleadings [64-1], DENYING motion for a bill of particulars on original & superceding indictments by D' [54-1], DENYING motion to recon recusal of Court and on-the-record instr of D' to his unwilingly imposed appt cnsl by D' [55-1], DENYING motion to appt an exp wit on Search Warrants & Evidence to Ass't D', testify at evid hrg by D' [56-1], DENYING motion to order the psychological eval of 3 gov't wits by exp wit appt'd for D' Bell by defendant [57-1] (cc: counsel, Judge) (car) [Entry date 03/14/01]
3/14/01 72 TRANSCRIPT FILED of 2/16/01 proceedings CR: T Hendrix (ec) [Entry date 03/16/01]
3/15/01 -- LODGED AMENDED/REVISED ORDER by Gov't re: D' motion to compel discovery by defendant James Dalton Bell [60-1] (car) [Entry date 03/19/01]
3/16/01 73 REPLY by defendant TO RESPONSE to motion to compel discovery by defendant James Dalton Bell [60-1] (ec) [Entry date 03/16/01]
3/16/01 74 MOTION to suppress evidence associated w/search of dft's car by defendant James Dalton Bell,EVIDENTIARY HRG REQ NOTED FOR 3/30/01 (ec) [Entry date 03/16/01]
3/16/01 75 MOTION to deny witness, suppress evidence, and dismiss certain charges by defendant James Dalton Bell NOTED FOR 3/30/01 (ec) [Entry date 03/16/01]
3/16/01 76 RESPONSE by defendant to Leen's motion adoption, govt's improper response to Leen's representation motion (ec) [Entry date 03/16/01]
3/16/01 77 MOTION to reveal identity of informants, request discovery of govt surveillance activities by defendant James Dalton Bell NOTED FOR 3/30/01 (ec) [Entry date 03/16/01]
3/20/01 78 MTN to adopt D' mtn to supr; D' self filed suppl resp; D' Bell's mtn to deny wits; mtn to reveal the id of informants by defendant NOTED FOR 3/30/01 (car) [Entry date 03/20/01]
3/20/01 79 PARTIAL WITNESS LIST submitted by defendant (car) [Entry date 03/20/01]
3/20/01 80 MTN to Order Gov't to rapidly return material taken from the D' after or before trial by D' NOTED FOR 3/30/01 (car) [Entry date 03/20/01]
3/22/01 81 ORDER by Judge Jack E. Tanner hat D' mtn to compel discovery [60-1] is GRANTED in part and DENIED in part. The mtn is GRANTED insofar as it allows the D' access to disc under the rules. **SEE ORDER FOR DETAILS** (cc: counsel, Judge) (car) [Entry date 03/22/01] [Add followoing docket items, 29 March 2001] 3/23/01 82 NOTICE by defendant of Continuing "Brady" discovery violation as of 3/20/01 (car) [Entry date 03/26/01] 3/23/01 83 RESPONSE by Gov't to D' Bell's mtn to order Gov't to rapidly return material taken from the D' after or before trial [80-1] (car) [Entry date 03/27/01] 3/23/01 84 RESPONSE by Gov't to D' Bell's motion to reveal identity of informants, request discovery of govt surveillance activities [77-1] (car) [Entry date 03/27/01] 3/23/01 85 RESPONSE by Gov't to D' Bell's motion to compel disclosure of Gov't extortion of officers of the court (dkt #65) (car) [Entry date 03/27/01] 3/23/01 86 RESPONSE by Gov't to D' Bell's mtion to compel request of, production of, and disclosure of discovery material to D' Bell (dkt #60) (car) [Entry date 03/27/01] 3/23/01 87 RESPONSE by Gov't to D' Bell's motion to dismiss 1/25 superceding indictment due to vindictiveness [67-1] (car) [Entry date 03/27/01] 3/27/01 88 EX PARTE MOTION for court to order Marshal Svc to Srv Def Subpoenas at Public Expense by D' (car) [Entry date 03/27/01] 3/27/01 -- LODGED ORDER re: motion for court to order Marshal Svc to Srv Def Subpoenas at Public Expense by D' [88-1] (car) [Entry date 03/27/01]



Case Flags:
GREG


END OF DOCKET: 3:00cr5731-0


Source of filings: TIF images from the site of Western Washington District Court by way of the PACER subscription service.


[Docket No. 35]
[See also March 22 Order at Docket No. 81]

FILED
JAN 11 2001



                          UNITED STATES DISTRICT COURT
                         WESTERN DISTRICT OF WASHINGTON
                                   AT TACOMA
     
       UNITED STATES OF AMERICA,          |
                 Plaintiff,               |
                                          |   Case No. CR00-5731JET
            v.                            |
                                          |   ORDER ON NONDISCLSOURE
       JAMES DALTON BELL,                 |   OF DISCOVERY
                 Defendant.               |
       ___________________________________|
    

          THE COURT, being advised by the Government of the defendant's 
       stated intention of publishing discovery materials in this case 
       on the Internet, which discovery materials include voluminous 
       private information and personal addresses of various 
       individuals, HEREBY ORDERS that no materials disclosed by the 
       government as part of its discovery obligation shall be shared 
       by defense counsel with the defendant until further notice of 
       the court.
    
          DATED this 11th day of January, 2001.
    

                                [Signature]

                                JACK E. TANNER
                                SR. UNITED STATES DISTRICT JUDGE


       Presented by:

       [Signature]

       ROBB LONDON
       Assistant United States Attorney

_____________________________________________________________________


                                                              car
    
                            United States District Court
                                      for the
                           Western District of Washington
                                   March 14, 2001
    
                         * * MAILING CERTIFICATE OF CLERK * *
    
    Re:  3:00-cr-05131
    
    True and correct copies of the attached were mailed by the clerk
    to the following:
    
    Robert Louis Jacob London, Esq.
    U S ATTORNEY'S OFFICE
    STE 5100
    601 UNION ST
    SEATTLE, WA 98101-3903
    FAX 553-0755
    
    Robert M Leen, Esq.
    CROWLEY LEEN
    STE 4610
    601 UNION ST
    SEATTLE, WA 98101
    FAX 748-7821

[End of document.]


[Docket No. 45; added 29 March 2001] [ASSUMED FILED FEB 8 2001] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Sanction and v. ) Recuse Various Officers ) of the Court including ) Atty's Leen and London and James Dalton Bell ) The Court, Judge Tanner. Defendant ) [oral argument requested] _______________________________) [Notice Feb 16, 2001] Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. Comes Defendant Bell, on his own motion, made necessary by
	his lack of effective legal representation, requests three
	individuals be recused from further participation in legal
	proceedings in this case, and furhter that they be cited
	and sanctioned for repeated intentional and serious
	misconduct both individually and in combination. In
	support thereof, Defendant Bell states as follows:

		1. Defense attorney Robert Leen was assigned
	to Defendant Bell in early November 2000, subsequent to a
	disguised burglary by government agents on November 6,
	2000 at Bell's residence.

		2. Attorney Leen, in conference with Defendant Bell,
	on or about the first week in December, refused to agree with
	Bell's objectives of representation, and repeatedly
	acknowledged of representation were very different that
	Defendant Bell's.

		3. Immediately Leen was presented by Bell with a copy of
	Local Rules of Professional Conduct, Rule 1.2 (a), whereupon
	attorney Leen acknowledged that this rule ("Scope of 20
	representation") legally and ethically obligated him to agree
	with Defendant Bell's objectives of representation, but
	astonishingly went on to say he would not obey that rule.
	Further, and gratuitously, he said "...and no one will make
	me." Leen even referred, derisively, to what he called the
	"Hyde Amendment" which specifically required (he said) that
	attorneys practicing in Federal Court obey the Local Rules
	applicable to their particular district.

4. Defendant Bell immediately informed attorney Leen that he (Leen) was "fired." Leen's response was to refuse to be fired. Defendant Bell, over the next week, repeatedly orally informed Leen that he was fired and that he did not represent Bell any more. Meeting further resistance from Leen, Bell wrote the Court December 8, pointing out that he wanted Leen fired and immediately replaced. In this letter, Bell pointed out that Leen had repeatedly told Bell that "you should represent yourself," a foolish suggestion that Bell repeatedly and increasingly angrily rejected. Leen's highly unwelcome suggestions came repeatedly over a number of days in the late-November/ early December 2000 period. 5. Not being immediately aware of Defendant Bell's letter to the Court, attorney Leen sent an intentionally misleading motion simply asking,for a hearing to discuss a conflict concerning "objectives of representation." Such a motion, Leen knew, would quietly alert both the Court and prosecutor Rob London that he (Leen) was refusing to allow Defendant Bell the defense he wanted and was entitled to according to the rules: One that would expose criminal and improper actions on the part of both government personnel and private individuals acting on behalf of the government. As important, this motion was intended to later diffuse the blame that might otherwise befall Leen or the Court, particularly now (February 6, 2001) since nearly 2 mon ths have passed without even a hearing on the serious change-of-representation issue. Leen will try to claim, "I asked for a hearing, didn't I?", while at the same time the Court can claim "The Court didn't realize that this motion was intended to be one seeking an emergency replacement of counsel due to counsel's intentional misconduct." Naturally, Leen "forgot" to mention that he had pointedly refused to obey Local Rule 1.2(a), and would continue to do so as long as he hadn't been replaced. This refusal continues to today, February 6, 2001. 6. Any doubt that attorney Leen was attempting to contaminate the court record was eliminated when he filed (December 28, 2000) a motion titled .... Memorandum Re: Defendant's Right of Self-Representation" in outrageous and malicious disregard for the fact that in response to repeated and unwelcome suggestions weeks before by Leen that Defendant Bell represent himself, Bell repeatedly and unambiguously rejected those foolish and malevolent suggestions. 7. Also on or about the first week in December, according (at the time, in conference with Bell, Leen related this) to Leen, Prosecutor London asked for Leen's agreement to an (apparently improper) agreement to show little or virtually none of the defense-requested discovery materials to Defendant Bell. Leen agreed to this, he said. The intended time-frame of this agreement was not disclosed to Bell, but it apparently continues to this day. (Feb 6) and there is no immediate prospects of its ending. Defendant Bell immediately objected to what appeared to him to be a highly questionable "deal" to his extreme detriment, but since Leen was already "fired" (both verbally multiple times to Leen himself, and once in writing to the Court) Bell had apparently done all he could to remedy this increasingly outrageous sham. All these examples of defense- counsel misbehavior would presumably be exposed, shortly, in court in a representation-change hearing, Defendant Bell believed then. This hearing has, astonishingly, not even come as of the date of this motion. Indeed, the Court has not seen fit to rule on even a single one of defense's motions, while at the same time shoe-horning an apparently emergency motion by the government (Dec 29) into a hearing on January 3, 2001, an amazingly short time. 8. That government Dec 29 de-facto emergency motion has a fascinating history. It was preceeded by an unscheduled, apparently-emergency visit by attorney Leen to Defendant Bell at Seatac Jail on Christmas Day. At the very beginning of that meeting, Leen nervously displayed a large stack of documents, which he identified as Discovery materials in Defendant's case. After engaging a minute or two in pleasantries, Leen asked Defendant to read a document: It turned out to be a waiver of my Speedy Trial rights. Bell read it, and handed it back to Leen. Leen handed it back, telling Bell to sign it. Leen immediately said, "If you don't sign it, I won't show you any more discovery documents." Defendant Bell doesn't respond well to extortion, and refused yet again. Attorney Leen got up, took all his paperwork including the Discovery materials, and left. It has been about 40 days since then, and Leen has delivered on his threat: Defendant Bell has been shown no more discovery since then. 9. Only one day later, on December 26, attorney Leen rushed an emergency letter to the Court and prosecutor London, which (falsely) claimed that Defendant Bell had made "earlier representations" that he would sign a "speedy trial waiver." Even had this claim been true this letter seemed to defendant to be an outrageous violation of his attorney-client confidentiality: Whatever essential information Leen had to deliver did not include prior communications between Defendant and Leen, and certainly not false claims. In this letter, Leen also compounded his false assertions, claiming that "It appears that Mr. Bell intends to represent himself at trial pursuant to Feretta vs. California". On the next available opportunity, Defendant Bell compliained bitterly to Leen about his repeated misrepresentations of fact in various letters and motions including this one, and-futilely demanded that Leen correct the record so as to reflect the truth. This, attorney Leen repeatedly refused to do. 10. While Defendant's copy of Leen's December 26 emergency letter does not show whether government's copy was sent by mail or fax or both, it does contain attorney London's fax number. So on either Dec 26 or 27, and no later, government was informed of the incipient emergency: Barring some trick or fraud, the government would get no extra time under the "Speedy Trial" law to prepare its case, which had to occur within seventy (70) days of the November 29 indictment. (Apparently, February 8th, 2001.) This apparently led to a "crash" project to misuse a rarely- used (particularly when initiated by the prosecution) procedure to challenge the competence of the Defendant to assist in his defense, by preparing a motion document containing numerous (but highly selective) third-and fourth-hand relations ostensibly portraying Defendant in a bad. light. This document carefully avoided, however, including any material that showed to the contrary; The latter material would have been in FAR greater quantity than the former. No direct quotes by anyone in contact with Defendant Bell were included, and in some cases such people had been actively intimidated by visits from government personnel. This document also carefully avoided including any observational material from Seatac Jail itself, whose personnel had, at that time, had about forty (40) days to observe Bell, and of course, to note and record any apparent problems. Either the prosecution didn't bother to contact Seatac at all (which would have been revealing enough) or they did contact Seatac and nothing supporting their foolish position existed. While as defendant recollects (having not seen this document for weeks) that it was dated Dec 29, 2000, the fact that neither the defendant nor attorney Leen had been given a copy until literally minutes before the January 3 hearing says a great deal about the "extreme-rush"nature of this competency-challenge motion. Fortunately for those who hurriedly prepared the document, neither its accuracy nor its legitimacy was allowed (by the Court) to be even slightly tested, not at the abortive January 3 hearing nor the well-planned "railroad" hearing on January 5. (Defendant Bell was reminded of an old tongue-in-cheek description of a trial: "The policeman pretended to tell the truth, and the Judge pretended to believe him.") When the Court made its "decision" to order the examination (after refusing to hear any challenge to that order from Defendant or Leen, despite the fact that such a challenge would have been easy and straightforward, and was specifically offered by Bell), all haste vanished: The examiner took well over two weeks to make the arduous 10-mile drive from Seattle, no doubt pleasing prosecutor London immensely by seemingly giving him the delay he coveted. 11. Given the contents of this Recusal Motion up to this point, it should be obvious that by January 5, prosecutor's gentlemen's agreement" with attorney Leen to deny defendant access to virtually any Discovery materials (without the explicit approval of, and ostensibly without even the knowledge of, the Court), an agreement that by then was about one month old, was drifting from "sleazy" to "outrageous," particularly because the Court had been denying Defendant Bell access to genuine legal representation since no later than December 11. Long before, and certainly no later than the first week in December, Defendant Bell had come to the conclusion that attorney Leen had begun to "hijack" Bell's legal case, and was actively involved in sabotaging it. (To sabotage a criminal case, a "defense" lawyer rarely seems to do more than to FAIL to do things, intentionally.) Defendant suspects that to call Leen's and London's actions "ethically tenuous" would have been an extreme understatement. By January 5, both Leen and London were apparently looking for some judicial robes to hide behind. That is why, on January 5, 2001, seemingly unprompted by any prosecution or defense motion or pretrial conferencel the Court stepped in to rescue both counsels by acting on his own motion to officially deny Defendant Bell's access to any discovery materials. Thus, the original "gentlemen's agreement" lasts to this day (February 6) at least. The written order, dated January 8, contains an apparently false claim that "defendant's state intention [is to public] the Discovery materials on the Internet." a claim apparently written by prosecutor London. Despite its falsity, this claim strongly appears to Defendant Bell to reflect concerted violations of Bell's attorney-client confidentiality by Leen and London. This would have been quite consistent with Leents recently-prior misbehavior along these lines. 12. For space reasons, Defendant Bell has only barely delved here into Leen's misdeeds. However, as an example it is useful and necessary to relate how Leen has stubbornly refused augment his initial "boilerplate" discovery-request document to include numerous important case-specific items, since early December, 2000. Defendant Bell was shown a copy of the "boilerplate" document, called it "a start, but just a start" and immediately offerred to make a more extensive list of material he knew would be absolutely necessary to bring the defense that was consistent with his chosen objections of representation. Leen refused, claiming that the list would be augmented "later." Well, "later" came and went, and by early January Leen's continued failure and apparent refusal to even request this discovery became a further source of heated friction between Defendant and Leen. Around January 5, Leen even abortively tried to claim that somehow, the prohibition against showing Defendant discovery prohibited asking for more discovery. Leen's argument withstood only about 10 seconds of counter-argument from Defendant Bell, but even making this foolish claim showed how malevolent Leen had become. Finally, Leen appared to relent, and said he was willing to accept a list of discovery from Defendant to present to the government. Defendant generated this list and gave it to Leen about January 10, but despite numerous rancorous reminders in mid-to-late January, Leen has not done anything about it as of today, February 6. Defendant Bell believes that attorney Leen never had any intention of allowing Bell to add to Leen's intentionally-inadequate and general-purpose discovery-request document, and by doing so both sabotage Bell's choice of defense and delay its progress, hoping to (initially) force Bell to accept and sign the "Speedy Trial Waiver" as prosecutor London desired, and later when that extortion failed, to guarantee that no defense consistent with Bell's objectives could possibly be completed. 13. Attorney Leen has engaged into virtually no non- discovery research into facts, including interviews with witnesses, subpoenas of third-party records, civil- and criminal case records relevant to this case, and others. 14. On January 31, 2001, attorney Leen came for a so- far "final" visit to Defendant Bell, where Leen made a startling revelation: He said that he has been threatened by "many" government people. Defendant asked him if he'd reported these threats to any authorities and said "no." Def't told him to report them, but he refused. Had Defendant not "fired" Leen in early December, he would certainly have had no-choice but to do so at this moment. 15. Defendant Bell believes that his Constitutional Rights have been repeatedly and intentionally violated by the both the individual and coordinated actions of attorney Leen, apparently acting on behalf of and with prosecutor Rob London, as well as with the knowledge and assistance of the Court, Judge Tanner. The lock-step coordination of each of these actors, particularly in the denial of effective representation; the denial of discovery materials; the blatant attempt at forcing Defendant Bell to sign the Speedy Trial waiver; the emergency examination that the failure of this extortion made necessary; and the failure of the Court to rule on essential motions such as Change of Venue and Representation; All of these make it impossible to separate the responsibility and distinguish the misbehavior of these players. 15. Defendant Bell would like to remind those who read this motion that he has written every single word of it, and believes that it will go far to show that, despite his very arguable lack of tact, that he is quite capable of assisting in his defense and is even more capable of identifying sham proceedings. 16. Whereupon Defendant Bell motions the court for the following sanctions to be imposed on the corresponding officers of the court: Attorney Leen: $5,000 per day subsequent to December 1, 2000, and continuing until his removal by appropriate authority; payable to Defendant Bell. Prosecutor Rob London: $10,000 per day subsequent to approximately December 1, 2000, and continuing until his removal by appropriate authority; payable to Defendant Bell. The Court, Judge Tanner: $5,000 per day subsequent to December 11,) 2000, and continuing until his recusal; payable to Defendant Bell. 17. Defendant Bell motions the Court for immediate removal of attorney Leen and prosecutor London by appropriate proceedings. 18. Defendant Bell motions the Court, Judge Jack Tanner, for his immediate recusal from this case. Signed [Signature] 02/06/2001 Defendant, James Dalton Bell (denied effective legal representation) Certificate of Service I hereby certify that I forwarded a true copy of this motion to the Court's Office, to the United States Attorney's office, and to Attorney Robert Leen's office this 6th day of February, 2001. [Signature] Robert Leen 601 Union Street Suite 4610 Seattle WA 98101-3903 Rob London, Assistant United States Attorney 601 Union Street Suite 5100 Seattle WA 98101 The Court, Jack E. Tanner 1717 Pacific Avenue Tacoma WA 98402 [End of document.]
[Docket No. 54, added 29 March 2001] [ASSUMED FILED FEB 23 2001] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Defendant's Request for v. ) a Bill of Particulars on ) riginal and Superceding ) Indictments James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. Comes Defendant James Dalton Bell, unwillingly unrepresented by effective counsel since on or about December 1, 2000, who requests from the government to prepare and deliver to Defendant (as well as a copy to Robert Leen) Bill of Particulars on both the November 29, 2000 and the January 25 (delivered February 16) Superceding Indictment. 3. This is because the indictments are lacking in essential detail, including but not limited to: Date and time the various alleged victims of each Count became aware of each of the Defendant's alleged actions. Physical location (including address) of same. Method and/or source of information by which claimed victim became aware of Defendant's alleged actions, including the names of all intermediaries and people aware of this communiction. Date, time, and subject of any contact between alleged victim and any Federal Government agency personnel prior to, or during, or subsequent to Defendant Bell's alleged actions. Addresses at which each "victim" "feared." Specific and unambiguous identification of each alleged victim sufficient to identify him from all others of the same or a similar name: Full name, any aliases used, date of birth, city and state of birth, address of residence, and identificatioi of employer including agency and department and group. This is made necessary by the government's multiple references in Complaint to one alleged victim as well as three or more other people apparently with the same name, but omitting addresses or other distinguishing information for any of them. It is also made necessary by another alleged victim's suspected use of multiple phony names, including at least one instance of registering a vehicle under a false name, and also suspected of falsely claiming his home address as his work address. Further, the third alleged victim may have falsely registered his vehicle under his employment address. 4. Defendant's example of the need for a Bill of Particulars is not intended to be a complete statement of the information requested in that document. [No signature] Defendant, James Dalton Bell Certificate of Service I hereby certify that I forwarded a true copy of this motion to the Court's Office, to the United States Attorney's office, and to Attorney Robert Leen's office this _________ day of February, 2001. [No Signature] Defendant, James Dalton Bell Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101-3903 Rob London, Assistant United States Attorney, 601 Union St. Suite 5100, Seattle WA 98101 Tacoma Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 55] FILED FEB 23 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Reconsider v. ) Recusal of Court and ) On-the-record ) instructions of Defendant James Dalton Bell ) to his unwillingly-imposed Defendant ) appointed-attorney. _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. [29 March 2001: Add 7 pages from hardcopy] 1. On February 16, the Court appeared to virtually totally disregard the arguments in Defendant's self-written-and-filed motion to Sanction and Recuse Various Officers. In particular, the Court (in a very brief "consideration" of the motion for the Court's recusal) referred only to the possibility that the Defendant had ever come before the Court before. Answering his own question immediately in the negative, the court concludec he had no such contact and therefore denied the motion. (The Court apparently didn't even consider the Motion for Sanctions, despite the fact that it was a separate and distinct issue from the recusal motion issue.), 2. Current law on a judge's recusal, however, is Liteky, v. U.S. 510 U.S. 540. Quoting from Liteky: "Opinions formed by the judge on the basis of facts introduced or evens occurring in the course of the current proceeding, or in the prior proceeding, do not constitute a basis for a bias or partiality motion unless they display a deep seated favoritism or antagonism that would make fair judgment impossible." [emphasis mine] This sort of bias is exactly what Defendant is alleging. From the failure or refusal to hear essential motions (including representation, change of venue) for over 2 months (and perfunctorally deny them) to the lightning-fast hearing of the government's motions; Further, the virtually totally unsupported granting of the competency-evaluation allowing no counter- arguments. In fact, however, there is indeed an "extra- judicial" source of bias: Judge Tanner is well aware that he considered Defendant Bell's motion to recuse Judge Burgess in 1999, and he did so (refusing the motion) apparently having been associated with Judge Burgess in the past. According to the book "Defending a Federal Criminal Case," 1998 edition, page 6-266: "However, the Supreme Court's opinion in Liteky significantly expanded Conforte [U.S. v. Conforte, 624 F.2d, 869-881] using the terms 'bias' and 'prejudice' in the recusal statute connote any wrongful, disfavorable or inappropriate disposition towards a case. Thus, the bias may, but need not necessarily, stem from an itextrajudicial"source in order to require recusal." and "Title 28 USC 455(a) also provides grounds for recusal. Section 455 (a) was substantially amended in 1974 to complement Canon 3(c) of the U.S.C.C.A.N. The amendment to 455(a) abolished the standard that permitted a challenged judge to decide if, in his or her own opinion, recusal was appropriate. Under the current reasonable-person standard, a judge's personal opinion relating to his or her ability to impartially decide issues is irrelevant. [emphasis mine] and "The amendments to 455(a) focus on the mere appearance of impartiality. Although 455(a) focuses on the judge's disqualification without the need for a motion, case analysis clearly indicates that a party may bring a motion for recusal under this section." You may not respect my reading, as a non-lawyer, of the meaning of these words, but I conclude that it says that it was and is entirely INAPPROPRIATE for the Court to reject my recusal motion, due to the "reasonable person" standard the quotes above refer to. Apparently the current practice in this case would be to deliver the question to a different forum: A three-judge panel of the 9th Circuit Court of Appeals. Defendan, Bell surmises that the Court's failure to do so constitutes "plain error." Further, in order to remove any doubt or ambiguity, Defendant Bell alerts the Court that whether or not the Court rules properly on his motions or future motions, he will file a complaint against the Court in the appropriate Judicial Ethics panel based on the Court's past misconduct in this case. According to "Defending a Federal Criminal Case" '98ed, page 6-2679 "Further, where contumacious conduct so provokes a judge, where the judge becomes personally embroiled in controversy, where there is a likelihood of bias or appearance of bias such that the judge is unable to maintain the balance between vindicating the interests of the Court and the interests of the accused, or where the conduct involves an insulting attack on the integrity of the judge, recusal is required. In re Jafree, 741 F-2d (7th Cir 1984). In Jafree, the defendant in a contempt proceeding accused the Chief Judge of the Northern District of Illinois and other judges of corruption, drunkenness, and taking bribes. Appellant's motion for recusal was found to be proper." Defendant Bell reminds the Court that accusations do not need to be false in order to be "insulting attacks." 3. Defendant Bell also asserts his strong belief that the Court's concerted actions reflect a total and intentional abandonment of any pretense of defensibility on appeal, and reveal a clear intent to simply "go through the motions" of a sham trial in order to improperly convict Defendant Bell as quickly as practical. Once the Court had made its first egregious error (to the Defendant's knowledge), by assisting prosecutor London and appointed Defense attorney Leen by taking up their burden by ordering Leen to not share any discovery with Defendant (thus destroying Bell's 6th amendment right to independant and effective counsel) functionally it was arguably virtually irrelevant hhow many further errors the Court made. However, the Defendant's loss of time was and is irreversible and irreplaceable: As the Court knows full well, a round of post-conviction appeals could take a year or more, which makes the Court's short- and medium-term misbehavior essentially irreversible and unreviewable for nearly a year. [But see "interlocutory appeals"] Defendant Bell also points out that the tactics he describes in Item 3 above work "well" (i.e., quietly, without much registered complaint) only if the defense attorney is either scared and intimidated (See item 14 of my Motion to Sanction and Recuse: Leen has been threatened by "many" government personnel, he said) or has so abandoned any pretence of a serious, full- throated defense of his client that he decides to not register any sort of complaint at the procedurally-correct time and under the proper circumstances. Or, that Leen registers weak and minimal procedural complaints that merely serve to make Defendant's appeal case stronger but do not (and are not intended to) fix the problem at the current time. Leen's complaints are probably intended to just "cover his ass" from an ethical standpoint. Yet, while not an attorney, Defendant Bell strongly believes that it must be unethical for an attorney like Leen to even appear to be "representing" a defendant under the current circumstances, when his continued presence actually serves only to allow the government and Court to proceed with a carefully-planned sham trial by his (Leen's) warming his Defense-table chair at appropriate moments. I'm told the word "abandonment" would come to the mind of a competent, ethical attorney. But I suspect that Leen's actions qualify as actually worse that mere "abandonment": Quite literally, Defendant Bell would be vastly better off if Leen simply died or disappeared, because at that point a replacement for him would clearly be necessary. 4. Therefore, Defendant Bell reiterates his Motion for Sanction and Recusal, particularly of the Court, expanded in this Motion to Reconsider: Defendant believes the Court is not allowed by current law to summarily reject a motion for his recusal, although presumably he may accept it: Another forum is necessary. Further, Defendant Bell is not required to form these complaints into a motion (28 USC 455(a) but he has done so for the record, and to preserve whatever meager rights he still has. The fact that Defendant Bell has been forced to write and file this motion (and others) himself demonstrates the terrible conflict of interest attorney Robert Leen how has. During the February 16 hearing, he even objected to my self-generated motions and filings! Given his treatment of me and his clear function at recent hearings, such a reaction is sadly predictabla. 6. Defendant Bell also notifies the Court that he wishes to have competent, unbiased counsel immediately appointed for him to (among many other things) explain to him the legal possibilities of an "interlocutory appeal". Bell also states here, for the record, that he believes that he will want such an interlocutory appeal filed almost immediately, well-within the statutorially-defined period to the 9th Circuit Court of Appeals for all the issues arguably appropriately appealable stemming from the February 16, 2001 hearing (including all motions filed or rejected) and all previous motions and hearings where possible. This will include evidentiary motions, presumably, change-of-representation issues and motions, change-of-venue motions, and any issue addressable in this interlocutory appeal. For purposes of this motion , which was unaided in its preparation by professional and unbiased legal counsel, and to ensure that his rights are protected, Defendant Bell hereby gives legal notice of his intent and desire to have such an appeal prepared and filed, and requests that he be immediately notified if any further steps are necessary to perfect this notice. However, Defendant Bell reminds the Court that he continues to believe that assigned attorney Robert Leen has not actually represented him properly since approximately December 1, 2000, despite the fact that he continues to show up at hearings as if he did. Defendant Bell has stated numberous times his continuing desire to have Leen "fired" and replaced, but the Court (as recently as the February 16 hearing) has steadfastly refused. Defendant Bell suspects that any such proper interlocutory appeal will include issues such as representation, intentional appointed-attorney "negligence", abandonment, threats by government personnel against attorney Leen, and others which by necessity cannot be advocated by Leen for various conflict- of-interest reasons. Further, Defendant Bell justifiably expects that Leen would not even respond, let alone properly, to any type of request or suggestion or order by Defendant Bell even if Bell asked and was willing to accept Leen's highly- questionable "assistance" at this late date and under these terribly strained circumstances. Attorney Leen has also pointed out to many other clients that "[he doesn't] do appeals." (apparently, he just makes them necessary.) Nevertheless, Defendant Bell feels that lacking trust- worthy legal advice, he must still go through the motions of making such a request, in order to avoid any later claim that he was intentionally failing to call "Bell's officially- appointed-and-up-to-now-unreplaced attorney" for assistance. At the same time, Bell cautions that this request in no way should be interpreted as any sort of "acceptance" of Leen as his current counsel, nor a weakening of his strenuous and continuous rejection of Leen, nor an end to Bell's continuing request for a replacement. Furthermore, Defendant Bell still believes that Leen is and should be ethically prohibited from preparing that interlocutory appeal for ethics reasons. So for completeness reasons alone, Defendant Bell asks attorney Leen to immediately and officially Notice an interlocutory appeal to whatever extent Defendant Bell has not already done so, with copies to Bell, the Court, and the government and to any other body or bodies (such as the 9th Circuit Court of Appeals) that such a notice must be delivered to, well-within the legally-prescribed time and manner. Or, if in the alternative Leen feels he cannot or will not do this for any reason, he immediately responds in writing to all such parties of his unwillingless or inability to notice this interlocutory appeal, and the reason(s) he feels he cannot act as requested. Further, again for purposes of completeness, Defendant Bell hereby requests that Leen prepare such an interlocutory Appeal or at least covering as many issues as Leen himself by ethically do, giving very early prior notice to Bell and the Court of any issues and arguments he cannot cover for any reason, ethical or otherwise. Signed [No Signature] (Defendant, James Dalton Bell.) (Denied effective legal representation) Certificate of Service I hereby certify that I forwarded a true copy of this motion to the Court's Office, to the United States Attorney's office, and to appointed-attorney Robert Leen's office this _______ day of February, 2001. Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assistant United States Attorney, 601 Union St. Suite 5100, Seattle WA 98101 Tacoma Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 56, added 29 March 2001] [ASSUMED FILED MAR 01 2001] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Defendant's Motion to Appoint v. ) an Expert Witness on Search ) Warrants and Evidence to ) Assist Defendant, Testify James Dalton Bell ) Evidentiary Hearing Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. An evidentiary hearing is a very common event prior to a trial, and Defendant Bell intends that his be no exception. Very uncommonly, however, Bell has for nearly three months been denied virtually all access to discovery materials and thus, among the very items that any evidentiary hearing would normally study and address. This delay has tended to cripple Defendant's ability to identify the specific items in question, as well as the pattern of evidence taken. 3. Nevertheless, Defendant Bell can already anticipate the need to challenge both the propriety of the search warrant as-requested and as-issued, but also the propriety of the specific execution of the warrant itself: Highly improperly and indeed quite astonishingly, a so-called "victim" of Bell's claimed activities was actually allowed to participate in the search, and appears to have been almost exclusively instrumenta- in deciding what items to take and not take. The motive, means and opportunity to engage in evidence-tampering, property theft, planting of evidence, and improper pre-view of numerous critical items of evidence were all present. In addition, the "victim" present had a powerful motivation to seek out and select for taking numerous items that were in no way justified by the as-written search warrant. 4. In fact, Defendant Bell anticipates that when the items of evidence (term used broadly: The items are not actually evidence of any crime) are eventually disclosed pre-hearing and compared to the supposedly-inflexible dictates of the search warrant itself, it will be "discovered" that at least 95% of the items taken, and more likely 100%, were taken in total disregard for the authorization limits contained in that search warrant. 5. Defendant Bell is certainly aware of the sad state of disrespect the Fourth Amendment to the US Constitution is in, particularly by people who have taken an oath to defend that Constitution. Nevertheless, Bell intends and fully expects to be able to easily show that the warrant itself cannot legitimately support more than a tiny fraction of the items taken, and perhaps even none at all. 6. Defendant Bell anticipates and believes, for example, that by law and ostensible practice a warrant must stand on its own, especially when it is the only document present at the search scene: On November 6, 2000, the searchers were repeatedly asked for a copy of the search warrant affidavit and they repeatedly answered that the did not have a copy of it with them. By law and practice, the officer or officers executing the search warrant cannot depend on or use any prior knowledge to accomplish this task. Bell further understands that the law intends to give them no flexibility in deciding what to take and what to leave behind: Depending on the item and the warrant alone, an item either MUST be taken, or MAY NOT be taken. Any deviation from this ideal signals mishandling of the warrant. 7. For this reason, Defendant Bell requests the appointment of an unbiased expert witness, for Bell, to study the specific items of evidence taken in the search, and to determine whether or not the search warrant alone would have been adequate to force a determination that the items had to be taken according to the instructions in the warrant itself. (Such an expert witness will be able to testify, which an attorney involved in the case cannot do.) 8. Further, should it turn out that some or all of the items taken do not qualify under the dictates of the search warrant, the expert witness can and will study those same items with Bell, and determine if their taking was not merely an accident or random, but in fact evidences a pattern: Defendant Bell forsees that the items taken will clearly demonstrate a powerful desire among those who decided what to take to sieze and study and forever deny to Bell material he collected that the government agents knew was information that was going to incriminate and/or expose their own colleagues and their improper actions. 9. This will impeach the entire motivation for the search itself. It may also impeach the credibility of the individual "victims" that Bell's indictment claims, because neither they nor the government should have any interest in improperly siezing such non-warrant-justified material unless it incriminated or exposed their own people. The person or persons who chose to take the items will have to explain why each individual item was taken given the inflexible dictates of the warrant, exposing their real yet illegitimate motivations. 10. Since such a revelation will dramatically affect the credibiity of numerous potential witnesses, Bell asserts that the careful study of the siezed evidence by an expert witness and subsequent testimony will clearly satisfy Rule #401 of the Federal Rule of Evidence which says: " 'Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." 11. Therefore, Defendant Bell requests the appointment of an expert witness that Bell or his designee will select, for purposes of studying evidence with Bell, advising Bell, and testifying at trial. Signed [No Signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of Llils document to the Court's office, to the UniAed States ALtorney's office, and to Robert Leen s office this __________ day of February, 2001. [No signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assistant UniLed States Attorney, 601 Union Street,' Suite 5100, Seattle WA 98101 Tacoma Federal Court Clerk, 1717 Pacific Avenue Tacoma WA 9802. [End of document.]
[Docket No. 57, added 29 March 2001] [ASSUMED FILED MAR 01 2001] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Order the v. ) Psychological Evaluation ) of Three Government ) Witnesses; By Expert James Dalton Bell ) Witness Appointed for Defendant ) defendant Bell _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. Comes Defendant James Dalton Bell, unwillingly unrepresented, on his own motion to the Court to order three government witnesses to undergo psychological evaluations and depositional questioning by a psychologist selected by the Defendant and appointed by the Court. 3. Background: Both of the two original Counts in the November 29, 2000 indictment and the three Counts subsequently added in the January 25 (stayed until the February 16 hearing) Superceding Indictment share a distinct commonality: Each claims that the Defendant James.Bell's alleged actions "placed [a person] in reasonable fear of death or serious bodily injury to himself and to his immediate family." 4. Apparently this claim, repeated separately for each of the five counts, constitutes an "element of the crime": Specifically, it is an alleged fact which if it is not true, or if it is not alleged, then no crime has even arguably occurred by the rules of the court. Thus, the prosecution is procedurally obligated to prove these elements "beyond a reasonable doubt, and correspondingly the defense is legally entitled to examine the prosecution's evidence and witnesses and call witnesses of its own to challenge the prosecution's witnesses, evidence, and arguments. 5. This "element of the crime" contains at least three explicit assertions bound up inside it: One, that the "fear, if present, was actually and only the result of Bell's actions. (As opposed to, for instance, a reaction to an exaggerated, incomplete, misleading, or even totally false set of information related by biased or malicious people: In particular, government investigators.) Two, that the person actually "feared.": The possibility that a witness might lie is, of course, always existent, particularly when the subject he is testifying about is his own emotional reaction. Put simply, if he lies when he claims he "feared," he knows it would be at best difficult (but still possible) to disprove it. Also, if the witness is a government employee, testilying" on the side of the government, he knows with a virtual certainty that he will never be prosecuted for perjury and thus will not fear to lie. Indeed~ he may "fear" NOT TO LIE: Pressure from co-workers, fear of future job evaluations, fear that his name and address will be publicized (particularly if he works for a government agency which is generally or commonly hated by the American public or even the world's public), fear that his as-yet unprosecuted misdeeds or even crimes will be publicized, and so forth. Three, that these fears are "reasonable": "Reasonableness" is inherently subjective, but is usually supposed to be based on the presumed reactions and-opinions of a large portion of a defined population, e.g. the citizenry of America. Unfortunately, what is finally claimed to be "reasonable" is not the entire public's opinion by actual survey, but is in fact a speculation (usually by a judge or an appeals panel) of what the public thinks or even ought to think, quite possibly biased, more or less, in the direction of what the "speculator" himself believes. 6. Complicating and confusing the issue even further is this: If it turns out that some or all three claimed victims are employees of government, more specifically, the Federal government, and even more specifically, employees of one of the various often-hated "alphabet agencies" such as IRS, ATF, CIA, DEA, FBI and so forth, there may arise the question of what subset of the world's population should be considered relevant to what a "reasonable" reaction means. The world's population? Just America's? Just Oregon or Washington state? Just America government'employees? Just America's Federal government employee's? Just the employees of the Federal government's "alphabet agencies"? Or, even, the latter group, less the proportion who are secretaries, floor-sweepers, file-clerks, and others who would generally be considered relatively innocent of the government's or the agency's misdeeds? Is short, whols opinion of what is "reasonable" is considered valid, here? This question can't be avoided: In the government's January 3, 2001 "Response to Defendant's Motion to Dismiss on First Amendment Grounds, it prosecutor London implicitly admits that one person's generally-recognized exercise of his Constitutional right to travel, occupy public places, and investigate crimes and misdeeds of others might and very likely would be interpreted (by a very narrow subset of the country's population, those Federal Government employees of"alphabet agencies," most likely the IRS, ATF, and CIA, and in fact the sub-subset of those who (in at least two cases) interact with and intimidate the public) as "intimidation."" Quoting prosecutor London: "The evidence at trial will be that he knew perfectly well that locating home addresses and showing up at those residences was a form of intimidation." While Defendant Bell explicitly disclaims the converse, that the exercise of one's Constitutional rights can EVER be considered legally actionable, it is clear from the above quotation that London was specifically referring just to those residences") Government employees and their reactions, and not those of ordinary citizens. In George Orwell's famous book, "Animal Farm," the Pigs are the self-appointed leaders whose gradual moral decay led them to modify the'farm's original principle that "All animals are equal" to the book"s most famous quotation, "All animals are equal, but some are more equal than others." Prosecutor London will be unable to explain why Defendant Bell was charged with actions in which government employees are named "victims " while "neglecting" to claim as crimes any other contacts Bell had with numerous other non-government- employee people. Will London admit to bias in the charging process? Or will he admit that nobody else considered Bell's investigations (even if they were aware of them) bothersome in the slightest, let alone even arguably criminal? Indeed, did anyone even attempt to contact anyone OTHER THAN government employees to determine their reactions? Perhaps London already knew what their reaction would be, or perhaps he simply didn't care to "protect" anyone who did not share his employer. It is clear that prosecutor London believes that "some people are more equal than others." It is equally clear that he believes that the reactions of government employees (of a very specific kind and subset) are different and distinct from those of ordinary citizens, and further that legally,_their reaction is to be the definition of "reasonable," in extreme contrast to that of the vast majority of American citizens. Defendant Bell asserts that he cannot and should not be judged, legally, by the extremely biased standards of a tiny portion of the country's population, particularly when that portion is predictably extremely biased against Bell's political desires and goals. 7. Defendant Bell understands and claims that as a defendant in a criminal case, he has an inalienable right to challenge each and every portion of a criminal charge, each of element of the crime" alleged, and to confront and examine all witnesses and evidence, both inculpatory and exculpatory. Defendant Bell also understands that Federal Rule of evidence #401 defines "Relevant Evidence" as follows: "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." According to an explanatory comment on page 165 in section "Relevancy and its Limits, the book "Federal Rules of Evidence Manual" (by Saltzburg, Martin, and Capra; published by the Michie Company, 1994 edition.) states: "the definition provides that evidence is relevant if it has any tendency to make the existence of a material fact more probable or less probable than it would be without the evidence. The question for the Trial Judge is whether a reasonable person would find the probability of a consequential fact to be altered, one way or another, by the proffered evidence." 8. Defendant Bell is also aware of.Federal Rule of Evidence #402, which states: "All relevant evidence is admissible, except as otherwise provided by the Constitution of the United States, by Act of "[]Congress, by these rules, or by other rules prescribed by the Supreme Court pursuant to statutory authority. Evidence which is not relevant is not admissible." 9. Defendant Bell also understands and claims the right to call witnesses in his favor, including expert witnesses who have specialized knowledge and skills not necessarily possessed by~Defendant or even trained legal counsel, (Attorneys.) to study all such witnesses and evidence pre- trial, and render opinions to Defendant, both before and during trial (including giving testimony) concerning all subjects that they are competent to give testimony on. 10. Indeed, the government is already planning to use an expert witness, and will do so based on little more than a mere desire to do so. Defendant Bell is similarly entitled to have appointed and call ~expert witnesses, having a need to prove assertions based on the evidence. 11. Defendant Bell believes that all five Counts in the Superceding Indictment contain as elements of the alleged crimes the intimate and personal reactions (called, simplistically, it fear", in all cases) of potentially-biased, potentially mistaken, potentially lied-to (by people who are themselves irrevocably biased), and potentially functionally-paranoid and secretive people. Bell also believes that these charges contain assertions and implications which are inextricably bound up to issues of alleged victims' psychological reactions, such as bias, hate, concern about loss of employment and future benefits, social dependency and peer pressure, desire for revenge against Defendant, unusual or pathological desire for secrecy or power over others, clannishness, misinformed fear, guilt or shame, paranoia (both individual and of a group) and numerous others. Defendant therefore believes and asserts that due to the specific nature of the charges and elements of the alleged crimes, and to the likely behaviors, beliefs, and associations of the claimed victims, Bell has a right to examine (with the assistance of expert witnesses selected by Bell and appointed by the Court) any witness who has been identified as having been put in a position of having "reasonable fear or death or serious bodily injury to himself and to his immediate family," 12. Defendant Bell states that his concern about the alleged victims' behavior and biases and hyper-secretiveness is based on quite-real facts, not mere speculation. (This is true, even though due to the nearly 3-months denial of discovery evidence to Defendant his ability to collect further facts in this area'have been seriously impeded.), as well as the fact that the government has not yet responded to his request for a Bill of Particulars. Very preliminary investigation shows that there have been behaviors by the alleged victims such as: The use of multiple phony names, including registering vehicles under such phony names; Falsely claiming on vehicle registrations.one's work address as if it were his home address; and for a different claimed victim providing his home address as if it were his work address; Contacting government database maintainors and asking for (and getting) special treatment about one's exclusion from a database of publicly-available (purchaseable as a matter of government policy from the government organization) information. These concerted actions go far beyond the typical privacy- concerned citizen's tactic of obtaining an unlisted telephone number. Such behaviors may and probably do signal hyper-sensitivity to public exposure and identification. Defendant Bell has a right to investigate. and pursue such evidence to challenge the testimony of the claimed victims, because their actions may reveal a pattern of extreme-over-reaction to privacy issues. Oddly, these claimed "victims" who react so extremely to any perceived loss of anonymity happen to work for an employer that thinks nothing of maintaining massive databases on personal and private information on virtually every citizen in the country, and arrogates so much power to itself and its agents that it orders private organizations and business to disclose (without permission, and secretly, astonishingly enough) any information it desires to have. The term "hypocrisy" doesn't even come close to describing the full extent of this situation. Indeed, at least one of these alleged victims has expressed a self-serving desire to prosecute Defendant Bell for a claimed violation of a highly-questionable statute (which apparently utterly violates the Constitution's First Amendment) that attempts to criminalize the disclosure of so-called "private" information that is regularly contained in certain publicly- purchaseable state-published and issued databases. 13. Defendant Bell believes that legal "guilt" in this case is, by law, necessarily absolutely conditional on the overall mental credibility of (as the evidence will show) functionally-paranoid people wh ' o share the same employer as the Prosecutor, London, the Judge, Tanner, and (indirectly), my appointed-but-highly-unwanted ostensible legal counsel, Leen, as well as numerous other government employees who (except, apparently, for Leen himself) share their extreme desire for anonymity. There is a clear pattern here, and as a defense Bell is entitled to investigate and expose it to challenge the charges and testimony against him. 14. Therefore, Defendant Bell motions the'Court for the appointment of an expert witness to act on Bell's behalf, selected by Bell or his designee, and to order at least three government witnesses (Jeff Gordon, Mike McNall, and Steve Mueller) to submit to detailed psychological and depositional questioning in the presence of both Bell and the expert witness with appropriate preparation-time between Bell and the expert witness, for the purpose of addressing the numerous psychological issues raised by the government's claim of its witness' victimhood, and potential challenges to those claims, some of which have been noted in this motion. [No signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this document to the Court's office, to the United States Attorney's office, and to Robert Leen s office this __________ day of February, 2001. [No signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assistant United States Attorney, 601 Union Street',* Suite 5100, Seattle WA 98101 Tacoma Federal Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402. [End of document.]
[Docket No. 60, added 29 March 2001] [ASSUMED FILED MAR 07 2001] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Compel Request of, v. ) Production of, and Disclosure ) of Discovery Materials to ) Defendant Bell James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. At a hearing on February 16, 2001, the Court ordered appointed-attorney Leen and prosecutor London to of work it out": to begin the disclosure of discovery inaterials provided by the government, to Defendant Bell. Also, a trial date was set, quite prematurely and improperly in the opiniou of Bell: Having been improperly denied access to virtually all discovery for over 2.5 months as of February 16 (and over 3 months at the time of this writing)in order to delay his progress preparing his defense, Bell sees no reason to believe that London and Leen would change course and let the process begin. 3. As of March 2, 2001, Defendant Bell still has not seen any more discovery. Nor has he seen even an estimate of the time that will be necessary to read, study an(] discuss that discovery, an estimate that only Leen can know but so far won't give Bell despite repeated requests. 4. Bell, having not seen any discovery materials at all since mid-late December, cannot know whether "complete" discovery (even by the woefully inadequate standards of Leen's "boilerplatet'late-November discovery request) has even been attempted, let alone completed. Bell also has seen no indication that appointed-but-unwanted attorney Leen has turned Bell's January 10 four-handwritten-pages of discovery request notes (which includes references to "nun-discovery it evidence gathering, material which was never asked or ruled to be off-limits to Bell) have been turned into a proper request and acted upon. 5. Attorney Leen, having apparently followed prosecutor London's desires and demands since very early December, 2000, and having been apparently intentionally inflicted on Bell by the Court's inactions and actions since December 11, and by the Court's explicit orders since January 3-5, is acting not at all like an attorney and far more like an agent of Prosecutor London, with the vital assistance of the Court as well. 6. Defendant Bell, therefore, feels that for the purposes of this motion, Leen and London are acting as, and should be treated as a single legal entity. 'Fherefore, Bell motions the Court to order both Leen and London to: a) Produce all currently-requested discovery and disclose it to Bell, without omissions or redactions. b) Produce discovery based on Bell's January 10, 2001 request notes, and disclose it to Bell without omissions or redactions. c) Provide the previously-requested but Currently undelivered "Bill of Particulars." d) Continue to accept further discovery requests from Bell, responding with prompt delivery and disclosure. e) Accept and endorse Bell's request to de-schedUle the currently-scheduule April 2 trial date, without premature re-scheduling. (until enforced discovery requests and disclosures and study have been handled completely and properly.) f) Pay sanctions for past and future tardy and obstructive behavior in getting discovery materials disclosed to Defendant Bell, and for intentionally delaying a trial and preventing Bell from utilizing these delays for defense progress. Signed, [No signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this filing to the Court's office, to the United States Attorney's office., and to Robert Leen's office this __________ day of March, 2001. [No signature] Defendant, James Dalton Bell Robert Leen, 601 Union Street Suite 4610, Seattle WA98101 Rob London, Assistant United States Attorney, 601 Union Street Suite 5100, Seattle WA 98101 Tacoma Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 63] FILED MAR 8 2001 HON JACK E. TANNER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) OBJECTION TO GOVERNMENT'S v. ) PROPOSED ORDER GOVERNING ) DEFENDANT'S ACCESS TO DIS- ) COVERY MATERIALS JAMES D. BELL ) Defendant ) [ORAL ARGUMENT REQUESTED] _______________________________) COMES NOW ROBERT M LEEN, court appointed counsel for the Defendant, JAMES D. BELL, who files this objection to the Government's Proposed Order Governing Access To Discovery Materials as follows: The Government's proposal is completely unacceptable to the defense. If the Court granted the Government's proposed order defense counsel would have to spend hundreds of hours at the Federal Detention Center showing the defendant each of the thousands of pages of discovery that have been produced. The defense proposes that instead of the Government's proposal that a complete copy of discovery in the case be left ROBERT M LEEN WSBA#14208 ATTORNEY AT LAW TWO UNION SQUARE 601 UNION STREET SUITE 4610 SEATTLE WASHINGTON 98101 3903 (206) 748-7817 FAX (206) 748-7821 [Balance of document not available.]
[Docket No. 64] FILED MAR 8 2001 HON JACK E. TANNER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) MOTION TO ADOPT PREVIOUSLY v. ) FILED MOTIONS; MOTION TO ) ADOPT DEFENDANT'S PRO SE ) PLEADINGS JAMES D. BELL ) Defendant ) Note. March 16, 2001 _______________________________) COMES NOW the Defendant, JAMES DALTON BELL, by and through counsel, who moves to adopt the defense motions previously filed before the Government obtained a superseding indictment. These motions are equally applicable to the charges in the superseding indictment. Defense counsel also moves to adopt the recent spate of pro se pleadings filed by the defendant. The defendant's pro se motions should be addressed at the same time when the Court addresses the defendant's access to discovery. These motions are noted for March 16, 2001. Respectfully submitted, [Signature] Robert M. Leen WSBA #14208 Attorney for Defendant ROBERT M LEEN WSBA#14208 ATTORNEY AT LAW TWO UNION SQUARE 601 UNION STREET SUITE 4610 SEATTLE WASHINGTON 98101 3903 (206) 748-7817 FAX (206) 748-7821 [End of document.]
[Docket No. 65] FILED MAR 12 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Compel Disclosure v. ) of Government Extortion of ) Officers of the Court ) James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. [Add 3 pages 29 March 2001.] 2. On January 31, 2001, Robert Leen stated to Defendant Bell that he (Leen) had been "threatened" by "many" government agents, but he hadn't (and despite Bell's immediate instructior refused to) report that extortion directly to appropriate authority. 3. On February 24, he repeated his claim, saying that he is subject to government "coercion." 4. Defendant Bell has been unable to "fire" Leen since early December 2000, despite his numerous statements to Leen himself, two letters to the Court, two motions by Leen in December and at least one in January. 5. Therefore, Bell has had a coerced attorney unwillingly inflicted on him, presumably in violation of his Sixth Amendment right to counsel. 6. The Court, Judge Tanner, has done (and failed to do) an increasingly odd set of acts, such as: Failing to respond promptly (greater than 2 months) to an increasingly desperate series of messages requesting that Leen be replaced; Failing to rule on vital motions such as change of venue, dismissal on constitutional grounds; Both scheduling (within 3-4 days workdays) and ruling on (without opposition argument allowed, and within 2 days) a flimsy prosecution motion claiming that the prosecution thought Bell was unable to assist in his defense; Granting his own discovery-denial motion, with no explanation as to how he knew this was strongly wanted by Prosecutor London, at least not without improper ex-parte communications; Granting no motions by Defendant Bell; Refusing no motions by Prosecutor London. 7. Even Prosecutor London has acted oddly and perhaps even irrationally: Approaching Robert Leen to get him to agree to deny Bell access to discovery without explicit approval or even debate in court; Doing this, without either setting a termination date or working to achieve substantial redacted discovery disclosure for 2.5 months; London apparently felt the so-far unexplained need in early 2001 to get the Court's approval for what he'd been doing for one month without: Denying Bell access to discovery. Why? Asking for a competency evaluation for Bell, yet later telling the psychologist to not even bother showing up for the February 16 hearing. 8. Without some sort of external knowledge of the goals of the hypothetical agency doing the threatening, neither Judge Tanner or Prosecutor London wouldn't know to act in ar odd fashion. These irrational and unusual and odd acts makE perfect sense, however, if they were also subject to the same kind of government-sourced extortion, blackmail, or other threats that attorney Leen claims he is subject to. 9. Defendant Bell believes and asserts that he has a right to effective counsel, as well as an unbiased judge, at all phases of the judicial process. (Defendant Bell doesn't know, however, if government threats to Prosecutor London also violate Bell's rights.) 10. Therefore, Defendant Bell motions the Court to order London and Leen to state under oath the nature and extent of all threats they are subject to. Bell also requests that the Court make a corresponding statement of government threats against him, as well. Signed [No signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this motion to the Court's Office, to the United States Attorney's office, and to assigned Attorney Robert Leen's office this __________ day of February, 2001. [No signature] James Dalton Bell, Defendant. Robert Leen, 601 Union Street Suite 4610 Seattle WA 98101-3903 Rob London, Assistant United States Attorney 601 Union Street Suite 5100 Seattle WA 98101 Tacoma Federal Court, Attn: Court Clerk/Tanner 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 66] FILED MAR 12 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Strike Trial v. ) Date of April 2, 2001 ) ) James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. [Add 7 pages 29 March 2001.] 2. During the February 16 hearing, the Court set a trial date of April 2, 2001, despite the lack of any motions requesting such, and let alone any discussions of the practicality of such a schedule. 3. Defendant Bell states that setting any court date now, particularly April 2, is extremely premature and intentionally prejudicial to the Defendant. That is because there are numerous tasks which must be accomplished prior to trial, where it either appears highly unlikely that they can be done until long after this date (for example, due to Prosecutor London's stonewalling on pr6viding discovery) due to London and Leen's collusion to deny virtually all discovery to Defendant Bell, in violation of his Sixth-Amendment rights. This denial continues until today. 4. In fact, since December 1 Defendant Bell has been denied by Leen not merely the contents of discovery, but even such crucial (to Bell) and innocuous (to the prosecution) details such as the quantity (in pages, for instance) of so-far provided discovery. Defendant Bell has already publicly and privately instructed Leen to calculate an approximate number of calendar-weeks which will be required just to review and discuss the existing batch of so-far- provided (only to Leen) discovery, based on a preliminary estimate of 3 minutes of reading and discussion per page. Defendant cannot do this calculation himself, partly because he does not know the current size of paper or computer-disk discovery, but also because he does not know how much time per week Leen will be willing to commit to this preliminary but crucial activity, and whether or not Leen will honor any such committment over time. 5. Furthermore, since early December Leen has, himself, been stonewalling in unwilling and de-facto "client" and sabotaging his case, for example by refusing from December 1 to present to even request important needed discovery frequently and insistently requested by Bell. This material was in addition to material requested by Leen's boiler-plate discovery request. 6. Leen's persistent obstructionism only appeared to change when, on about January 7, 2001, Leen claimed to be willing to accept notes on newly-requested discovery to be prepared by Bell (and delivered to Leen January 10), saying he would immediately convert those notes to a formal updated discovery request (which would be copied, he said, to Bell and the government). However, to date (February 26) Bell has neither seen any such formal request nor been alerted of its preparation, let alone delivery to the government, nor has he heard any news of any newly-received discovery whose receipt was a consequence of such a request. 7. Defendant Bell, as might be expected from his 4 unabased writings, has in no way been shy about raising and challenging the issue of Leen's so-far-apparent lie, to Leen himself. Defendant Bell believes that Leen is taking intentionally-abusive and opportunistic advantage of Judge Tanner's repeated fusal to allow Bell to fire Leen. Strategically, Leen can "blame" the Court for his forced and supposedly unwilling representation, for example, while probably carefully trying to ensure that he can later take advantage of any statutory immunities he may claim from any incidents of arguable (but actually intentional) "negligence." 8. In addition, Leen has failed and refused to engage in most-if-not-all defense evidence-gathering: Subpoenaing privately- and publicly-available (from government agencies) records, including telephone records, county police records, work records, contacts with witnesses and others. 9. Worse, despite the Court's February 16 hearing order to both Leen and London to "work it out" (to finally start showing'discovery to Defendant Bell) as of more than a week and a half later (and despite Leen's first visit to Bell sinco:~ January 31) on February 24, no more discovery material has yet been delivered or shown to Bell. This continued delay was quite intentional, Bell believes. Further, a cutoff date for motions (mid-March) was apparently announced during the February 16 hearing, despite the obvious fact that some vital motions (suppressing evidence, compelling disclosure of as-yet unprovided discovery etc). cannot possibly be known to be unnecessary unless and until all-known discovery has been provided to both Defendant and proper legal counsel, and it has been read and studied and discussed by them.
10. Just as clearly, vital research and preparation must be done over a period after this discovery is disclosed, and in fact by law the defense is supposed to get a guaranteed 30-day trial-preparation time, which cannot possibly begin until full discovery delivery and disclosure has been made. Defendant Bell reminded Leen about many of these vital considerations and requirements on February 24, but Leen responded with a hostile answer, which Defendant paraphrases as "I'll only take as much time as I want." Given Leen's hostile, deliberately unhelpful, and sometimes even borderline nasty behavior to Defendant Bell during numerous meetings as early as December 1, and his obvious unwillingness to make any substantial progress in Bell's case (particularly when the evidence of that intentional "negligence" does not get directly reflected in the court record) it is virtually certain that Bell will be denied access to a large majority of the discovey materials (due to what will be called "time constraints") even if this material is ever ostensibly 11provided" to Bell. 11. It is clear that the government has not been in hurry for a trial. Prosecutor London initiated the any illegitimate delay process by asking for an gettingl(with no dissent, debate, or court order) an agreement with Leen to deny Bell access to virtually all discovery, a plan which apparently continues until today. Such a practice could not possibly allow-any sort of a trial (except, perhaps, a fraud), until substantially after was totally provided and fully disclosed. This agreement (in unavoidable effect and thus certainly in intent) "froze" the defense's progress and yet did nothing to hamper the government's efforts, which is clearly heavy thumb on the "scales of justice." 12. Later, on or about December 26 or 27, when the government found out that Leen's attempted extortion of Bell failed (Leen threatened to show Bell no more discovery materials despite having brought some December 25) to get Bell to agree and sign the much-prized "waiver of Speedy Trial Act rights" form, they rushed a motion claiming to challenge Bell's "competency" to "assist in his own defense." Such a test would normally have required a glacially slow transfer and a 30-day evaluation (which Bell had already undergone in late 1998) or a total delay of likely 12 weeks or more, except that Bell himself immediately insisted on a local process. Even so, the examiner took well over 2 weeks past the January 5 order to make the "arduous" 10- mile drive from Seattle to Seatac, showing the extreme lack of hurry now that the order had been granted. Bell's action, however, cut 10+ weeks off the whole process, proving beyond doubt that he abhors unnecessary delays. 13. Putting the final "nail in the coffin" of any claim that the government whad serious interest in anything other than the much-needed delay that this process would have provided them, the prosecutor London himself told the examiner not to even bother to show up for the scheduled February 16 competency hearing: Bell's competency was (yet again) acknowledged with no debate whatsoever, precisely as you would expect once they had achieved their desired delay, if delay was their only goal. 14. The progress so far can be analogized thus: In this "footrace" between prosecution and defense, the prosecution has gotten the referee (the Judge) to chain a heavy ball to Bell's feet until the prosecution is over 3/4 of the way to the finish line. Even today, the ball hasn't been unchained from Bell, and it is unclear when or if ever it will be. Even should the ball be unchained, Bell's unwanted and unwillingly imposed and maintained "coach" (lawyer Leen) stands ready and willing to block, trip, and otherwise impede Bell's progress down the footpath. 15. Defendant Bell has caused no delays so far in this case, and in fact has not even asked for any sort of delay up until this motion. Quite the opposite. The reasons he must, now, ask for the unfairly and prejudicially-set trial date of April 2 to be stricken are entirely the collective fault of the government, the Court, the government investigator3, (who asked Rob London to deny Bell access to the discovery in this case) and Bell's "hijacker," lawyer Robert Leen, who (despite the government's serious coercion he says he faces), has worked well beyond those demands in order to sabotage Bell's case and curtail Bell's ability to expose government misdeeds. 16. Defendant Bell contends that he clearly has no illegitimate reason to delay a trial unnecessarily, since he is currently in custody and has been since mid-November 2000. He also points out that neither the government nor the Court has ever expressed any reason or desire to accelerate the trial, let alone in a way that would even arguably overcome Bell's need (and, indeed, right) to ensure that numerous pieces of critical unfinished business be accomplished. (Blame for which falls squarely on Leen, London, and the Court.) Quite the opposite: They have each "asked for" (by improper motions, unfairly granted) and "stolen" (by delaying Bell I s access to discovery for so-far nearly three months) at least 2.5 months of extra delays, in ways which were carefully or chestrated to help them but be unusuable by Bell as well. 17. Defendant Bell further points out that the government has powerful but highly illegitimate reasons to speed the trial now that they've achieved the progres's THEY want, while denying Bell the progress he is Constitutionally entitled to. The government wishes to conceal the types of secret surveillance they've used on Bell and others, and particularly the dates on which they have commenced it, because a complete revelation of those facts will clearly show that contrary to their assertions, the Federal government investigators were actually, themselves, stalking Bell (both physically and electronically) long before they have even claimed that Bell was "stalking" them. 18. For these reasons, Defendant Bell believes that he has an unchallengeable right to a proper opportunity to prepare for trial, including an amount of time sufficient to actually do that preparation. Bell cannot define a date- certain on which the preparation will be known to be done, partly because of inflicted-attorney Leenis past unwillingness to even commit to do the work, nor discuss with Bell the amount of work to be done (e.g. the number of pages of discovery) or the amount of time per week Leen can and will schedule towards this end. Bell also can't know how many further impediments to his progress will be placed in his path by Leen and London. 19. Defendant Bell understands that justified trial and other continuences are nearly always granted unless there are extraordinary reasons NOT to do so. In this case, there are many excellent reasons to strike the trial date, and no good reasons to not do so, and yet there are plenty of quite illegitimate though' powerful reasons why the prosecution (and Leen) would like to improperly hamper the Defendant's trial preparations. It is unknown whether Prosecutor London would be willing to put even one of them down on paper, however. 20. Defendant Bell does not request oral argument on this motion, but he does strenuously request an expedited response, particularly if the government does not challenge this motion. Defendant Bell is not simply asking for a rescheduling: Working together, Leen and London have already been able to waste three months of time as well as to deny it to Bell, and any fixed scheduled date will merely encourage them to repeat this performance. The Court can be assured that the Defendant has absolutely no reason to unnecessarily delay further, and will use only enough time to prepare the defense of his choice, as he is entitled to by Local Rule 1.2(a). 21. The February 28 very serious (6.8 Richter) Tacoma earthquake (epicenter about 15 miles from Tacoma) may have substantially affected schedules not merely of the Court itself, but also other attorneys and their schedules as well. Defendant Bell also sees that his access to resources to prepare his case are also curtailed. Tt would be grotesque to force the Defendant to attempt to hit an April 2 deadline under these circumstances, or for that matter any fixed deadline, withOLIt substantially more information than anyone has or will have for many weeks. Signed [No signature] James Dalton Bell, Defendant Certificate of service I hereby certify that I forwarded a true copy of this Motion to the Court's office, to the United States Attorney's office, and to Robert Leen's office this __________ day of March, 2001 [No signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street, Suite 4610, Seattle WA 98101 Rob London, Assistant United States Attorney, 601 Union Street, Suite 5100, Seattle WA 98402 [End of document.]
[Docket No. 67] FILED [Date illegible] Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) Motion to Dismiss v. ) January 25 Superceding ) Indictment due to ) Vindictiveness James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares under penalty of perjury that he is effectively and unwillingly unrepresented, and that his 6-th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the Court asking for substitute counsel, and two separate motions by assigned-attorney Leen have not been considered since mid-December, 2000. [Add 8 pages 29 March 2001.] 1. Defendant Bell asserts that the Superceding Indictment on January 25, 2001, is vindictive. The latter three Counts are new, while the former two Counts appear to duplicate the only two counts in the Novemher 29, 2000 indictment. 2. The Due Process clause protects defendants from vindictive treatment based on the exercise of their Constitutional rights. A defendant makes a showing of vindictiveness by pointing to an increase in the severity of charges due to the exercise of a right. (Goodwin 457 U.S. 3681 372 1982) 3. In Defendant Bell's case, Bell exercised a right to a speedy trial, despite the fact that the government has (so far, "successfully") attempted to thwart that right: First, from about December 1, 2000 to January 5, 2001, by collusion with Defendant Bell's assigned defense attorney Robert Leen to keep virtually all discovery from Bell, thereby preventing virtually all progress in verifying and completing discovery. Second, an apparently ex-parte request and subsequent acceptance of the Court's aid in reinforcing this denial of discovery, revealed by the Court's ostensible own motion of January 5 (oral) and January 8 (written) denying Defendant Rell access to all discovery. 4. Defendant Bell's assigned attornev Leen informed both the Court and government about the lack of a signed Speedy Trial waiver, but Leen did it in an iMDroper and unethical. fashion: Leen falsely claimed that Bell had earlier "represent[ed]" that he [Bell] would sign, which even if true would have violated Bell's attorney-client confidentiality. 5. In any case, Leen's hurry (one day later, on Dec. 26, 2000) to inform Prosecutor London of this news shows clearly that previous to December 26, the government believed they were certain to get a delay they wanted. Of course, given that the ongoing denial of discovery existed, the government had to have believed that an on-time trial was going to be impossible, particularty after assigned- attorney Leen's Motion to Continue (mailed Dec 14, not December 22) (which was filed without even Bells prior review, let alone iDermissi-on) begging for more time. It is odd that Leen would be asking for more time while at the same time helping prosecutor London to ensure thnt a large amount of time was being wasted. 6. Defendant Bell believes that the exceedingly odd circumstances and actions during the period Dec 1-Jan 25 raise a very strong, presumption of vindictiveness to due Bell's insistence on his Speedy-Trial rights. (U.S. v. Garza-Juarez 992 F.2d 896-906.) Clearly, Defendant Bell. was not "cooperating," with the Speedy Trial delay that the government, Leen, and the Court were trying to force on him. 7. However, all doubt can be removed that the government was acting vindictively: To determine whether there have been independant and intervening circumstances to justify increased charges, Courts have traditionally 1ooked at whether the second indictment is based on facts and circumstances, known to the government at the time of filing the first indictment. Ruesga-Martinez 534 F.2d 1369-70; Blackledge v. Perry, 417 US 211 94 S.Ct 20987 40.Ed.2d 628 (t974); United States v Gerard, 491 F.2d 1300 (9th Cir. 1974); United States v. Jamison, 164 U.S.App.D.C.300, 505 F.2d 4077 41.5 (1974). 8. Count Three of the January 25 Superceding, indictment clearly refers to a "fax" specifically identified in item 32 on the "Complaint for Violation" dated November 17, 2000. Since that item refers to an October 3t fax, it is obvious that government agents learned about this fax as early as October 31 or a day or two later, and the US Attorney's office knew of it no later than November 17, 2000. This count is, therefore, not based on new information and thus this count is presumed to be vindictive. 9. (Skip to count 5, then back to Count 4) Count Five of the January 25, 2001 Tndictment clearly refers to an incident described in items 39-40 of the November 17 "Complaint for Violation". This shows the government knew of this incident as of that date. Further, due to the intentionally incomplete and misleading nature of the November 17 Complaint, Ttem 39 fails to mention that the "Clackamas County, Oregon" Sheriff's deputies were actually instructed to stalk and stop "Bell's vehicle" without any probable cause, an instruction which came from an unknown person (but apparently a Federal government employee) who had (from a fixed location) been electronically stalking nefendant Rell, with the assistance of vehicles both on and above the ground. Thus, this incident was also well-known to Federal Government employees, and Clackamas County emplovees on November 10, 2000. This count is, therefore, not based on new information (subsequent to November 29) and so the Count is vindictive. 10. Count 4. No clear reference to this claimed incident is found in the November 17 "Complaint for Violation". Note that this is very odd: Counts 1, 3, and 5 at least refer to some sort of "evidence" (physical or witness) which is said to explain part of what the investigators thought and why and when they claimed to believe it. The Complaint's explanation for Count 2 is very vague and indirect, involving a visit that no one is claimed to have seen, mail that no one is claimed to have found or even looked for, an email with no claimed. proper destination address, and a location freely admitted by the government to have nothing to do with a person the government claims was it stalked." The government doesn't even claim that it found the addresses of people said to be "stalked" within any evidence collected during any search! It will eventually be revealed that much of the reason behind the fact that the government's case is confusing and inconsistent is the fact that Defendant Bell, far from being a "stalker," is actually a victim of the government's stalking, using improper, illegal, and unconstitutional means. Strangely, Count 4 claims to have occurred on a verv specific day (November 3, 2000) but left totally unexpl6ined is how the government can be so certain of that date yet do not mention it in the November 29 indictment. It claims "travel placed Scott Mueller in reasonable fear of death..." but it DOES NOT SAY WHEN Mr. Mueller became aware of anything that gave him "reasonable fear." 11. Defendant Bell asserts that government agents were electronically and/or physically stalking him since substantially before the November 2000 time frame due to their fear that Bell was collecting evidence of various go vernment agents' prior illegal. and improper activities. Bell further asserts that the government's failure to include the Count 4 of the eventual January 25 indictment in the Novemher 29 indictment was simply due to the government's need to not expose their improper activities and the dates on which they occurred. As it did for other counts, an expanded November 17 Complaint would have had to include background material. revealing how they know things and when they learn them. (This was information pointedly absent for Count 4 in the January 25 Superceding indictment.) As of November 17, the government could not think tip any "innocent" explanation for its knowledge of issues in Count 4, particularly an explanation that wouldn't virtually automatically lead to more questions that would "blow the cover" of te government's stalking activities, so it omitted all reference to it, intending to keep it a secret. But on January 10, 2001, Defendant Bell delivered detailed notes on an amended discovery request to still- assigned (but still undesired; being, unable to fire him for over 30 days) attorney Leen (one that had been strenuously resisted by Leen for over a month previous), a request that was finally promised by Leen to be turned into a formal updated discovery request. Despite the apparent subsequent failure of Leen to live up to his promise, the gist of the request did apparently get to Prosecutor London and others, alerting them that the government's improper activities (for example, early November and pre-November stalking) was no longer a secret, and that the discovery request that Defendant Bell would eventually and inevitably get to file (once Bell had manage to fire Leen successfully) Would blow the secrecy wide open. Defendant Bell believes that at that point, the government realized that keeping this information hidden was no longer a benefit, but was in fact a potentially explosive embarrassment. Tn order to "de-fUse" this eventual. revelation, the government sought and received the assistance of attorney Leen, who further delayed the officInI delivery of the new discovery request indefinitely. Th(-n , the government amended the indictment to inclUde Count 4, keeping quiet about the real reasons behind this Tate addition. Count 5 also omits explanations of the underlyIng stalking that was going on, and like Count 4 was going to expose it, making its presence in the November 29 indictment a problem. 12. For these reasons, Defendant Bell believes that counts 3,4, and 5 of the January 25, 2001 Superceding indictment were fully based on information available to the government on November 29, and in fact likely (for Count 4) known on November 3, 2000. Bell also asserts that Counts 3, 4, and 5 were brought due to his excercise of his Speedy Trial rights (known by government on December 27) but also (for Counts 4 and 5) because Rell's exercise of his complete discovery rights which were going to inevitably expose the government's electronic and physical stalking activities. Therefore, Defendant Bell motions the Court to dismiss the January 25, 2001 Superceding Indictment as presumptively vindictive. 13. defendant Rell has suffered actual prejudice, having been incarcerated since mid-November, so Bell further motions the court that this dismissal be WITH Prejudice. Signed [No signature] Defendant, James Dalton Bell (denied effective legal representation.) Certificate of Service I hereby certify that I forwarded a true copy of this motion to the Court's Office, to the United States Attorney's office, and to assigned Attorney Robert Leen's office this __________ day of March 2001. [No signature] James Dalton Bell, Defendant. Robert Leen, 601 Union Street Suite 4610 Seattle WA 98101-3903 Rob London, Assistant United States Attorney 601 Union Street, Suite 5100 Seattle WA 98101 Tacoma Federal Court, Attn: Court Clerk/Tanner 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 68] FILED MAR 13 2001 HON JACK E. TANNER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) MOTION TO ADOPT DEFENDANT'S ) MOTION TO COMPEL DISCLOSURE OF GOV- v. ) ERNMENT EXTORTION OF OFFICERS OF THE ) COURT, MOTION TO STRIKE TRIAL, MOTION ) TO DISMISS RE: VINDICTIVENESS JAMES D. BELL ) Note: 03/16/01 Defendant ) _______________________________) COMES NOW the Defendant, JAMES D. bell, by and through counsel, who moves to adopt the defendant's pro se motions. Respectfully submitted, [Signature] Robert M. Leen WSBA #14208 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I forwarded a true copy of this pleading to the United States Attorney's Office this 12 day of March 2001. [Signature] Robert M. Leen Robb London Assistant United States Attorney 601 Union Street Seattle, WA 98101 FAX: (206) 553-0882 ROBERT M LEEN WSBA#14208 ATTORNEY AT LAW TWO UNION SQUARE 601 UNION STREET SUITE 4610 SEATTLE WASHINGTON 98101 3903 (206) 748-7817 FAX (206) 748-7821 [End of document.]
[Docket No. 71] FILED
MAR 14 2001 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, | Plaintiff, | | Case No. CR00-5731JET v. | | ORDER JAMES DALTON BELL, | Defendant. | ___________________________________| THIS MATTER comes on before the above-entitled Court upon several motions by the defendant. Having considered the entirety of the records and file herein, the Court rules as follows: 1. Defendant's Motion to Adopt Previously Filed Motions (doc. #64) is GRANTED. 2. Defendant's Motion for Bill of Particulars (doc. #54) is DENIED. 3. Defendant's Motion for Reconsideration (doc. #55) is DENIED. 4. Defendant's Motion to Appoint... (doc. #56) is DENIED. 5. Defendant's Motion to Order the Psychological Examination ... (doc. #57) is DENIED. IT IS SO ORDERED. The clerk of the court is instructed to send uncertified copies of this Order to all counsel of record. DATED this 14th day of MARCH 2001. [Signature] JACK E. TANNER SR. UNITED STATES DISTRICT JUDGE _____________________________________________________________________ car United States District Court for the Western District of Washington March 14, 2001 * * MAILING CERTIFICATE OF CLERK * * Re: 3:00-cr-05131 True and correct copies of the attached were mailed by the clerk to the following: Robert Louis Jacob London, Esq. U S ATTORNEY'S OFFICE STE 5100 601 UNION ST SEATTLE, WA 98101-3903 FAX 553-0755 Robert M Leen, Esq. CROWLEY LEEN STE 4610 601 UNION ST SEATTLE, WA 98101 FAX 748-7821 [End of document.]
[Docket No. 73] FILED MAR 16 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) Defendant's Self-Filed ) Supplemental Response to v. ) Government's Proposed Order ) Concerning Defendant's ) Access to Discovery James Dalton Bell ) Material Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. The arrogance strongly implied in the government's proposed ORDER GOVERNING DEFENDANTS ACCESS TO DISCOVERY MATERIALS CONTAINING HOME ADDRESSES AND OTHER PERSONAL INFORMATION is truly astounding. (Hereafter I refer to this monstrosity as the Proposed Access Order, or PAO.) 3. The government has said exactly nothing supporting, detailing, or explaining their desires. Which addresses are they trying to "protect"? How many? Whose? For what reason? For how long? Does the government believe that these addresses were somehow obtained "illegally" or that their mere possession is somehow illegal? Why has essentially all discovery material been denied Defendant Bell for 3+ months due merely to a few "addresses"? 4. The government hasn't even said, openly, where this material came from: Defendant Bell suspects that all of the material (at least that portion containing the "addresses" came from the November 6 search and thus, from the Defendant himself by the thinking of the government. Is the government entitled to bar the defendant from doing (legal) things with this information? Permanently? 5. Is the government suggesting that this material or any of it is somehow "illegal information"? Or would the government like it to be considered illegal information? That would certainly explain some of the government's odd behavior over the last 3+ months. 6. Could it be that the real reason this material was taken November 6 had nothing to do with any crime then- suspected or later-charged, but in fact was taken in a ruse? Defendant Bell reminds the Court and government that he has not yet been given an Evidentiary Hearing, which due to the highly unusual specifics of this case must occur many weeks before any anticipated trial. Bell anticipates that this hearing will reveal that all the material taken November 6 will be easily provable to have been entirely-legal information, but taken by an illegally-requested and illegally executed search done by people who intended at all times simply to deprive Bell of his properly-owned information. 7. Defendant Bell concurs with Leen's conclusion that "The Government's proposal is completely unacceptable to the defense." However, Leen's proposed "solution" clearly reflects an inadequate and incomplete level of objection to the government's wholly outrageous proposal. Defendant Bell suggests that America's history and practice of "public trials" with public testimony and public evidence, is supposed to be primarily intended to protect a defendant's rights, but is secondarily and strongly intended to protect the public (and NOT simply the government-employed public!) against crooked government officials and employees and their practices. Indeed, for example one of the most direct impediments to espionage trials is the usual requirement that "classified" evidence must be de-classified to be used at trial. This makes it public information! Prosecutor London is apparently treating this case as if it were a spy trial, but at the same time he is cutting corners, legally, by asking for (and receiving, if the sham continues) the luxury of keeping the "classified information (in reality, people's addresses) secret both during and (presumably?) after trial! So far he won't even say how many such addresses he wishes to protect in this way! (less than a dozen? Hundreds? Thousands?) 8. Even more oddly, London's PAO clearly anticipates showing all of this material to Defendant Bell, presumably including the addresses he wishes to "protect," while the more "obvious" solution in such cases would be to redact (black out in a copy, or cut out, etc) whatever information he doesn't wish Bell to have. While Bell can't endorse either system for obvious reasons, he can at least point out that the latter system would have the major advantage of not impeding his access to the vast majority of materials where there is no arguable problem, including not prohibiting him from even taking notes (!) which would seem to be a thoroughly obnoxious attack on his ability to prepare a competent defense! Defendant Bell has already argued and accused the government in his other filings of simply intending to delay his case and impeding his preparation of his defense for 3+ months (as of 3/10/01) on the flimsy fabricated excuse of denying him access to a few "addresses." If the government is now willing to show him all of discovery including those addresses (but with extreme impediments to his access to and use of all of it, including the vast and presumably non- controversial majority) but is not willing to give him unimpeded access to a redacted version, this will prove beyond all doubt that Bell's accusations were absolutely true. 9. Defendant Bell also points out that unless he is able to keep permanently the discovery material actually delivered to him, he will be unable to later prove the government's improper denial of discovery (even just that subsequent to this date) later on. Some criminal case appeals stand or fall based on the government's failure to have produced to the defendant all evidence including exculpatory evidence, so without a record of what's given, there is no way to prove what's been omitted. This reminds Bell that in whatever form the material is actually provided, the government should also include an indexing system which will prove (or disprove) the inclusion of any given piece of discovery should other material later appear. Bell suggests a microfilming process, perhaps. Signed [Signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this document to the Court's office, to the United States Attorney's office, and to Robert Leen's office this 14th day of February, 2001. [signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assistant United States Attorney, 601 Union Street, Suite 5100, Seattle WA 98101 Tacoma Federal Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402. [End of document.]
[Docket No. 74] FILED MAR 16 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) Motion to Suppress Evidence ) from and Associated with v. ) November 17th Search of Def't ) Bell's Car; Discovery ) Requested. Evidentiary James Dalton Bell ) Hearing Requested. Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. On November 17, 2000, Defendant Bell was arrested 20 feet from his legally-parked (on private property) and locked car. Bell hadn't been "pulled over" pursuant to any "traffic stop." No other persons were in or near Bell's car. There were numerous witnesses to this incident: It was done in the parking lot of a "Burgerville" restaurant on Mill Plain road in Vancouver Washington, in the Heights area. At least 10 minutes after Bell had been handcuffed and locked in a (Vancouver City?) police car, an unidentified officer told Bell that his car was going to be searched. Bell immediately responded that the police had no probable cause nor even reasonable suspicion to do any search, and that no search was then necessary for any so-called "security" or to officer safety" reasons. The officer then smirked and chuckled, and said that the car was going to be searched anyway, regardless. Defendant Bell believes that this search was, in fact, ordered to be done, even illegally, without any warrant, simply based on their desire to get into the car. Bell suspects that the police were illegally instructed by others, not at the scene, to take at least one, and probably more than one object from the car, and that they did so. Further, they apparently did so without benefit of warrant or other actual or apparent justification. 3. Further evidencing their illegal intent, those doing the known-to-be-illegal search did not leave (or give to Bell) any receipt or listing describing any objects taken from the car. Defendant Bell believes that the reason the police felt so free to do an illegal search is that those instructing them did not intend to use anything found in the search as evidence in court. Their intent was simply to steal. This makes them (and the people feeding them the instructions) guilty of burglary, done under the color of law. A further significance of this illegal entry is that it may, and likely does, render illegal the fruits of a warrant partly served November 6, 2000. Therefore, Defendant Bell specifically demands as discovery, records of all communication or co-operation between Federal employees and Washington State or local (Clark County, or Vancouver Washington) law-enforcement or government employees in direct or indirect association with this case. Defendant Bell also demands an evidentiary hearing which includes local and non-local (those in radio, telephone, computer, or other communication with those at the scene or intermediary dispatchers or officers, etc) witnesses to this incident which may include a number of Vancouver Police Department and/or Clark County Sheriff deputies, as well as any government employees and others feeding the local officers information and instructions. Bell also demands the disclosure of the list of objects taken or placed November 6th or November 17, or any secretly-placed object known to be present in the car (later to have been purchased by Bell) during the period of January 1997 and December 2000. Defendant Bell requests suppression of any evidence derived (regardless of date and time) from or with the assistance of (including radio transmissions) any object retrieved during the search of his car November 17. Bell also requests a sanction from both the Federal government and the local police agency (Vancouver PD) doing the illegal search, of $20,000, payable to Bell and owed jointly and severally. 4. Defendant Bell asserts that according to 18 USC 3504 the US must disclose the existence of evidence obtained as the primary product of an alleged unlawful act, or because it was obtained by the exploitation of an unlawful act. Bell asserts that an unknown government agency (not necessarily the same one or ones associated with the current charges) illegally planted objects in multiple vehicles associated with Bell's friends and family, the former group of which is best represented by a "beeper" (tracking transmitter) placed on the car of "J. Copp," as well as placement of a similar (or identical) device on defendant's car some unknown time BEFORE the November 6 search. 5. Defendant Bell asserts that these acts were illegal because they were done for political (opposition to Bell's political/social philosophy and ideas) reasons, EVEN IF it is argued that normally no warrant is necessary to place a "beeper" while a vehicle is in a public spot: The device was placed for an illegitimate reason, rather than a legitimate one. Another illegal reason was to be able to monitor Bell's progress as he collected incriminating evidence against various government employees: The pattern of the specific items taken during the November 6th search proves this easily. 6. An aircraft following a vehicle in which Bell was travelling about 9:00 PM on November 16, 2000 from the Troutdale, Oregon area to the Mount Tabor, Oregon area (east Portland, Oregon), done with a Cessna 150 aircraft usually parked in the open approximately 100 feet away from the east gate of the Troutdale airport demonstrated the obvious existence of electronics-assisted tracking: Bell asserts that this following of that vehicle constitutes "stalking" within the legally-accepted meaning, which was an illegal act no matter who did it. To support and demonstrate this claim, Defendant Bell demands as discovery the air-traffic control radar tapes for the Portland area from 7:00 PM to 11:00 PM on November 16, 2000, as well as audio-tape copies of all voice ATC radio communication frequencies covering the Portland and Troutdale airport areas for this time period. 7. Defendant Bell also demands the flight logs (including scheduling data kept elsewhere) for this Cessna 150 aircraft as well as all other similar aircraft in the Portland Metro or nearby area used to track "beepers" or follow vehicles on the ground. Defendant Bell also demands the processed data obtained from any such flight (including data collected by satellite) showing the location of any vehicles and their movements, over time, of any vehicle being tracked in any way "associated" with Bell's case, including family and friends and other associates. Defendant Bell also demands technical details, including all user- and technical manuals for each piece of hardware used (including transmitters, receivers, uplinks and down- links, computer readouts, and others) in order to process and deliver the location information. The data delivered to Bell may, and probably will, require the provision and inclusion of appropriate software to convert that data to human-interpretable form. Defendant Bell demands this, as well. Signed [Signature] Defendant, James Dalton Bell Certificate of Service I hereby certify that I forwarded a true copy of this Motion to the Court's Office, to the United States Attorney's office, and to assigned Attorney Robert Leen's office this 14 day of March, 2001. [Signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610 Seattle WA 98101 Rob London, Assistant United States Attorney 601 Union Street Suite 5100 Seattle WA 98101 Tacoma Federal Court, Attn: Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 75] FILED MAR 16 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) No. CR00-5731JET ) ) Defendant Bell's Motion to ) Deny Witness, Suppress ) Evidence, and Dismiss ) Certain charges Due to v. ) Violation of Fed, Rules of ) Evidence, Rule 615: ) Exclusion of Witnesses James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. In the November 17, 2000, Complaint and the November 29 indictment a "Jeff Gordon" is claimed as a victim in Count 2. Later, in
        Count 3 of the Superceding Indictment (January 25, 2001 originally
        filed; accepted February 16) "Jeff Gordon" was named as a
        victim. [No paragraph 2.]

             3. Participating in the November 6 search of Defendant
        Bell's residence was one "Jeff Gordon" previously known by Bell
        as a government agent. He was apparently intimately involved
        in the search through and selection of items to take.

             4. Attending the Jan 3 and Jan 5 hearings, and during
        other hearings since then was Jeff Gordon, same as the one
        present at the November 6th search. During these appearances
        he was at all times sitting in the visitor's area, not at the
        prosecution table.

             5. During one of these two hearings (probably January 5)
        and due to strong prompting by Defendant Bell, assigned-
        attorney Robert Leen requested the exclusion of all potential
        witnesses from the hearing. (Leen "played dumb" to Bell,
        pretending to want to know from Bell the reason for such an
        exclusion, in particular the justification rule involved. Now,
        Bell can report that it's Rule 615, "Exclusion of Witnesses.")
        The Court didn't even bother officially "refusing" the request,
        not even commenting on it!

             6. As Defendant Bell understands it, the 1972 proposed
        rules for Rule #615 pointed out:

             "The efficacy of excluding or sequestering witnesses has
        long been recognized as a means of discouraging and exposing
        fabrication, inaccuracy, and collusion. 6 Wigmore 1837-1838.
        The authority of the Judge is admitted, the only question being
        whether the matter is committed to his discretion or one of right.
        The rule takes the latter position. No time is specified for
        making the request."

             7. Rule 615 begins:

             "At the request of a party the court shall order witnesses
             excluded so that they cannot hear the testimony of other
             witnesses, and it may make the order of its own motion."
             [underline mine.]

        Apparently the Court had no discretion to refuse or ignore
        appointed-attorney Leen's request, but it did so anyway,
        particularly since at the date it was requested offending
        potential-witness Cordon was in the room.

             Defendant Bell considers this to be an egregious and
        outrageous violation of his rights, as well as being quite
        intentional violation of Rule 615, particularly and especially
        because the "victim"-"witness" in question was actually also
        present and making vital decisions at the November 6, 2000
        warrant-search of Bell's residence. His ability to tamper
        with evidence, read and/or take material not properly described
        as seizable evidence in the warrant, plant objects or documents
        for later "discovery," retrieve objects previously illegally
        planted, and other misfeasance and malfeasance was essentially
        unhindered and virtually encouraged.

             Defendant Bell believes that a careful study of the items
        of "evidence" taken November 6, 2000, will show that virtually
        all of them were taken without proper justification, and that
        Jeff Gordon motivated this highly improper process.

             8. Therefore, Defendant Bell motions the Court to exclude
        all evidence obtained in the November 6 warrant-search from
        the prosecution's use, due to its intentional contamination during
        the search process by the known-improper participation of "Jeff
        Gordon."   Defendant also motions the court to exclude all
        evidence derived from this search.

             9. Defendant Bell motions the Court to exclude from the
        prosecution's case the testimony of Jeff Gordon, due to the
        government's intentional allowing of Gordon to participate in,
        control, and direct the case, as well as having access to and
        power over evidence-collection processes and results.

             10. Defendant Bell motions the Court to dismiss all charges
        naming Jeff Gordon as a "victim," due to the extremely unusual
        and improper nature of his access to and participation in and
        control of this already-odd criminal case, including the Court's
        failure to exclude (Pursuant to F.R.E. Rule 615) Cordon from the
        courtroom on multiple occasions since January 3, despite the
        proper request of Defendant's appointed attorney.


        Signed,                         [Signature]

                                        James Dalton Bell, Defendant
    
    
        Certificate of Service

        I hereby certify that I forwarded a true copy of this document
        to the Court's Office, to the United States Attorney's office,
        and to Robert Leen's office this 14 day of March, 2001.
     
                                        [Signature]

                                        JameS Dalton Bell, Defendant
    
    
        Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101
    
        Rob London, Assistant United States Attorney, 601 Union Street,
        Suite 5100, Seattle WA 98101
    
        Tacoma Federal Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402


[End of document.]


[Docket No. 76] FILED MAR 16 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) Bell's Response to: Leen's ) motion adoption; Govt's v. ) Improper "Response" to Leen's ) Representation Motion; ) Bell's objection to Court's James Dalton Bell ) self-representation suggestion; Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. [Add Page 2, 29 March 2001.] -----> 2. Leen has "adopted" a series of filings by Defendant Bell. Those filings had been immediately previously questioned by the government: The government didn't want to have to answet- Lhem- In itself, and superficially, this "adoption" sounds okay, but lacking trustworthy legal advice Defendant Bell feels the need to respond as follows. 3. However, Leen stated in his March 8th filing that Bell's motions were "noticed" for the 16th of March. There are a number of problems with such a notice date, only some of which can be listed here. First, the March 16 hearing has been set (according to one of Leen's recent communications) as an "in camera" hearing: It is excluded from the public. Defendant Bell objects to excluding the public from routine matters in this case. Second, the government (astonishingly) filed a response to Leen's motion concerning his replacement. Defendant Bell certainly cannot stop prosecutor London from having an opinion on his representation, but he strongly believes that the government can't legitimately have any sort of "say" in the matter. If Bell had legal counsel he could trust, perhaps he would be told this in more specific, detailed, and accurate terms. Giving London a "say" in whether or not Bell gets a new attorney is something like giving the fox a say in the type of lock used to close up the henhouse. What makes London's behavior particularly inflamatory is the face that he has repeatedly attempted (and to varyinp, degrees, succeeded) in tampering with the relationship between Bell and his assigned attorney: In early December 2000 lie induced Leen to agree to a deal where Bell wasn't to be given access to virtually any discovery, a deal unapproved by the Court until over a month later. This deal continues today, and perhaps even for the forseeable future. The eventual claimed reason for this was that there were some "addresses" in the discovery (material originally taken in the November 6 search) which the government wanted to deny Bell. Quite oddly, in the subsequent 3.5 months there has apparently been no attempt to redact (blank out) those few (?) addresses and deliver the remainder of the thousands of pages of -----> discovery to Bell: Defendant Bell suspects and suggests that the real goal was simply to delay the entire process of the defenses progress, and they considered "a few addresses" to be a good- enough excuse to justify the denial of the enormous remainder of discovery for 3.5 months. The fact that the government's most recent proposal actually anticipates showing ALL discovery to Bell (though presumably not giving him even 1/100 of the time necessary to study it, and denying him even the right to take notes) while presumably (7) rejecting Bell's counter-idea to simply redact the offending addresses, strongly confirms Bell's suspicions. Prosecutor London further tampered with Bell's relationship with Leen by even challenging Bell's competency to "assist in his defense", a claim that was laughable when originally made and becomes ever more ludicrous with each of his subsequent filings. London improperly resisted Leen's replacement in January 3-5 by making false claims about Bell's previous relationships with his assigned attorneys: Contrary to the implications of London's claims then and recently, Defendant Bell has never (before Leen) attempted to fire his attorney, on any prior matter. London knows full well that both attorneys Avenia and Mandel resigned (Avenia "successfully"; Mandel was actually forced on Bell, and seemingly vice versa, by Judge Burgess in a two-day hearing in May-June 1999. Prosecutor London was on that case, by the way.) In Avenia's case, Bell wasn't allowed to comment substantially on Avenia's motion to resign (many of Avenia's comments were false or misleading) but at the time Bell saw no reason to air his complaints since Avenia was going to be replaced, anyway, and belaboring the issue was not (then) vital to that case. For prosecutor London to cite that change-of-representation in this current matter is detestable. The fact is, Avenia had repeatedly lied and misrepresented to Bell his claimed intent to actually follow through on an investigation he had promised to do late-July 1998. Avenia also covered-up a small portion of this abortive investigation done late-January 1999, resigning within a week, and claiming that his investigator Sharon Callas (who had travelled 150 miles each way to Vancouver/Portland) had resigned and "disappeared" also within a week or two of this investigatory trip. Bell hasn't been able to get a straight answer out of the Federal Public Defender's office in confirming those claims or providing specific dates of resignations, but it has been confirmed that no evidence of any sort of report or notes concerning that trip were in the file. Defendant Bell suggests that Attorney Avenia's sudden and unexpected resignation (after about 1 3/4 year of representing Bell) along with Callas, less than a week after a trip to collect evidence expected to be potentially highly embarrassing to various government personnel or even incriminating, strongly suggests that Avenia and Callas were either frightened off by what Callas found or they were warned off by potential targets (government personnel) of their investigation. In Mandel's case, she did essentially nothing to prepare Bell's probation-revocation case, and (astonishingly) even refused to call ANY witnesses for Bell despite Bell's repeated insistence over 9 months (to Avenia) and the next two months (to Mandel) that three vital government personnel present at an illegal (warrantless, Linder circumstances where the law ostensibly requires a warrant) search on about June 23, 1998 be called as witnesses. It should be noted that this matter is currently on appeal: Defendant Bell was denied a meaningful hearing to determine exactly why Mandel refused Bell's numerous though normal and reasonable requests for investigation and witnesses. Indeed, Mandel's request for resignation was REFUSED by Judge Burgess, and she was forced against her will (and also against the will of Bell) to continue to represent Bell during a 2-day very strained hearing. Oddly, and quite suspiciously according to Bell, this "forced representation" has virtually become a hallmark of Bell's cases, as has been true of Leen since early December, 2000. Bell suggests that this is by no means an accident: By installing a "warm body" attorney next to Bell, the court proceedings can continue regardless of the lack of a real defense, and the officers of the court can pretend that they are going through the various motions of hearings, etc. 4. Bell reminds the Court that virtually no useful work has 4 been done on his case (other than that done by Bell himself, and even Bell regrets his relative inability to collect evidence, contact witnesses either in person or by telephone, subpoena various records, etc.) since very early December 2000 due to Leen's continued (mis-)"representation" of Bell, Further, contrary to a previous suggestion of the court that Bell might choose to represent himself, Bell points out the virtually-total impossibility of his actually doing so, particularly in a pre-trial setting: Even ignoring for the moment Bell's lack of any legal education, the conditions under which he is currently incarcerated virtually totally prevent and prohibit him from resources and communications channels that are generally considered vital to a "real lawyer" in today 's world: Email, fax, electronic data search, word-processor, unmonitored- telephone, unmonitored mail to witnesses and experts, easy travel to various sites for research, and so forth. Even worse, Defendant Bell has seen three incidents in the last 2 weeks (one directed against himself personally) where BOP guards not merely rummaged through an inmate's legal files, but it fact took them to his office and carefully read page after page, in total violation of any hope of confidentiality. Quite simply, Bell cannot generate nor keep any document in his case that has sensitive information on it that the government shouldn't see, in EXTREME contrast to "real lawyers" whose work-product is guaranteed secure not merely by the U.S. Constitution, and law, but also hundreds of years of legal tradition in America. Bell cannot contact virtually anyone without the total knowledge of the government, a situation which would be considered totally untenable for a "real lawyer." Bell shouldn't have to remind "real lawyers" that being pro se (doing one's own legal work) is dramatically different depending on whether it is an appeal (post-conviction) or pre- trial situation. Appeals don't usually have witnesses, evidence, or even a need for secure communication. Pre-trial work requires ALL these things, as well as the need for secure (untampered by the sticky fingers of guards and others) storage. Since Bell is allowed none of these things and won't be in his current situation, the "choice" given to him by the Court is entirely meaningless and untenable. 5. Many of Bell's pending motions were written for and ought to be heard only after counsel and Court are substituted. (See: Motion to Reconsider Recusal of Court...") and these substitutions (particularly counsel) has had time to study them for a reasonable period, including other filings and evidence. (Defendant suggests 2-3 weeks at least, or more depending on replacement's attorney.) 6. Defendant has already noted and requested (But Leen has apparently done nothing on) an interlocutory appeal on various appealable matters. Defendant Bell believes that it may be inappropriate to deal with some (but not all) of these matters while the appeal is pending. 7. Defendant has motions pending (Recusal of Court) that current law prohibits the Court from refusing without a hearing in another forum. If decided for Defendant, it would be inappropriate to refuse subsequent matters until a replacement is appointed. 8. Despite Leen's "adoption" of these motions, the government has not responded to them, and it may claim it has not had the time to do so, at least since Leen's delayed "adoption." Defendant Bell expects and requests a written response for each of these motions well before any hearing, which he believes is common court courtesy. Having not gotten such a response to all of them as of March 13, Defendant Bell believes those motions are either uncontested (and should, therefore, be granted) or yet more delay needs to be requested by the government. 9. Defendant Bell is aware that the defense is guaranteed a 30-day trial preparation period, which he has previously referred to as being impossible to start'until all discovery has been provided DEFENDANT (NOT merely his claimed attorney). Bell suggests that since essentially no discovery has been provided as of March 12, that 30 day period has not begun. 10. Sadly, Defendant Bell strongly suspects that unless Leen is replaced and the currently-scheduled (?) trial date of April 2, 2001 is struck, this is a clear signal that the Court, the Prosecutor and Leen himself have decided to do an "end run" around not merely the U.S. Constitution, current law, but virtually every ethical principle and precept that modern judicial practice dictates. These court officers need to consider for themselves and decide why it is that no matter how much they may hate Defendant Bell's writings and political opinions, why they simply won't give Bell the opportunity to defend himself by exposing the misdeeds of others. Do they really believe that the exposure of a few years of politically-motivated spying against one individual would, itself, wreck the system? Bell reminds these people that the extensive spying system and secret files done by late FBI director J. Edgar Hoover, done over many decades and involving perhaps thousands of now-admitted-illegal wiretaps and bugs eventually was revealed and publicized, and to Bell's meager knowledge no government employee was ever tried or convicted for participation in this thoroughly illegal practice. So what do these guys have to fear about revealing their actions against just one man? Signed, [Signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this Declaration to the United States Attorney's office, the Court's Office, and to Robert Leen's office this 14 day of March, 2001. [Signature] James Dalton Bell, Defendant Robert Leen 601 Union Street Suite 4610 Seattle WA 98101-3903 Rob London, Assist. U.S. Atty, 601 Union St Suite 5100, Seattle WA 98101 Tacoma Federal Court, Court Clerk, 1717 Pacific Avenue, 98402 [End of document.]
[Docket No. 77] FILED MAR 16 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) ) v. ) ) ) James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. Federal Rules of Criminal Procedure rule 12 (b)(1) allows the defense to move for pretrial disclosure of an informant's identity. The Ninth Circuit has held that the government must reveal the informant's identity if the defendant meets the burden of proving that disclosure would be helpful to his defense or essential to the fair determination of the case. U.S. v. Sanchez, 908 F.2d 3443 (9th Cir. 1990) (citing Roviaro v. U.S., 353 U.S. at 60-61) 3. On January 29, 2000 the government wrote to assigned- attorney Leen citing Fed. R. Evidence 404 (b): It intended to show "similar acts" evidence by defendant. Defendant Bell believes that this stated intention by government "opens the door" (if it wasn't already open) to the Defendant's need to demonstrate "prior bad acts" ' by the government and its own agents during the 1995-2000 time frame; In general, Defendant alleges that government personnel and their agents/informants engaged in a series of (usually secret, or at least intended to be so) hostile acts against Bell and others for purposes of harassing him and them, and punishing him and them for taking political/ social positions and publicizing them in a fashion intensely disliked by government. These bad government acts include: a) Stalking of Bell both electronically and physically (interception of cordless telephone transmissions, illegal eavesdropping, tracking transmitter use) for "political" reasons: Because they did not like the fact that Bell had written and published his essay, "Assassination Politics" and that it became easily obtainable on the then-emergent Internet. this stalking included close intrusion into Bell's nearby neighborhood in collusion with private individuals, violating electronic surveillance laws. b) Infiltration by a confidential informant, calling himself Steve Wilson, of the meetings and organization of the Multnomah County Common Law Court, whose members and attendees were known or presumed to be highly unsympathetic to the actions of various governments and their agencies such as the U.S. Federal government. This infiltration was motivated by political/social reasons, not legitimate law-enforcement purposes. c) Later, Steve Wilson in May 1997 violated Washington State anti-eavesdropping laws by recording a private conversation without the consent or knowledge of all parties to the conversation, which legally constitutes a conspiracy to violate the law. d) In collusion with the Federal Government, the Portland Police in 1996 began a campaign of harassment of attendees of the Multnomah County Common Law Court meetings, including thinly- disguised "traffic stops" of those people, hoping to seize their cars on a pretext. e) Engaged in a stalking campaign (April-May 1997) against Bell and others, including acts such as following them by aircraft and following by road in a harassing and dangerous fashion. f) Misused confidentially-obtained information to improperly obtain a wiretap warrant. (circa August 1997) g) Illegally gave a number of informants in Kitsap County Jail Bell's personal and confidential information, in violation of both Federal law and binding prior agreement. g) [sic]Instructed thug and fellow inmate Ryan Thomas Lund (DOB 10/27/71) to assault Bell due to his "uncooperativeness", which Lund did on November 25, 1997. (This incident has been referred to in government papers filed in this case, BUT significantly it was never denied.) This four-time felon (Clark County, Washington, 1994, and Clackamas County Oregon, 1994; illegal drugs; possession of sawed-off shotgun; grand theft) was discovered to possess a 9-shot New England Arms revolver and illegal drugs (apparently methamphetamine) on about July 2, 1997 on a state search warrant also attended by Federal BATF agent Mike McNall, in Clark County Washington. Extremely oddly, however, despite the fact that Lund was legally prohibited from owning the gun and admitted his ownership during the search, Lund was not arrested as a result of the search. Arrested in October 27 near Eugene, Oregon, an astonishing three days after issuance of the arrest warrant on October 23, 1997, Lund was transferred first to Portland, Oregon, where he spent a week in proximity to various Federal government investigators interested in Defendant Bell's case. Subsequently he was transferred to Seatac Federal Detention Center. Lund's reward for his government service was approximately 8-10 years off the sentence he should have received, a trick accomplished by misrepresenting his criminal history (specifically, ignoring two prior controlled substance felonies in handling sentencing rule 2K2.1) as if he should have been sentenced as 2K2.1 (a) (6) when in fact the rules, if followed, would have required 2K2.1 (a) (2). Also, they discounted the appropriate adder, 2K2.1 (b) (5) which, if followed, would have added four more "offense level" points to Lund's crime. Lund was offered and received a 27-month deal, rather than about 120 month (10 years), a "discount" of at least 8 years. h) Improperly allowed another fellow inmate/informant to keep approximately $10,000 improperly-obtained Federal Government money as motivation for his improper assistance against Defendant Bell. (Summer/Fall 1997, at Pierce County Jail and later Seatac FDC.) i) Engaged in electronic and physical stalking behavior against Bell and various relatives in the days before June 23, t998, at various locations including: Wintler County Park, David Douglas Park, and three other locations on the same day in Vancouver, Washington. j) Sent an ugly bald man to spy on Bell at a political meeting at about 7:00 PM June 19, 1998, in Orchards Washington, with two attempted-infiltrators passing as people interested in the meeting. Same ugly bald man was pretending to read a paperback book, titled "MGH". k) Defendant Bell contends that this campaign has continued in the Summer of 2000 using tracking transmitters. 4. Defendant Bell believes that the pattern of stalking, spying, and harassment against him by the Federal government and its lackeys (and, specifically, the dates on which it occurred) will convince a jury that the Federal government declared a secret "war" against Bell and his ideas as early as 1995 (using almost-unbelievable tactics strongly reminiscent of its works against recently-accused FBI spy Hanssen) and that its failure to find any justification to file charges against Bell until nearly two years later (April 1997) after this campaign began shows that their actions were not for any legitimate law-enforcement reason. Quite simply, they were spying on what they saw as a "political" opponent, one they feared would ultimately shut down their system. (the extent of this spying still hasn't been admitted or disclosed.) 5. Therefore, Defendant Bell motions the Court to order the government to reveal the identities of all informants related to the case(s) related above: Any person, whether or not a government employee, who acted in any fashion to observe, contact (including to assault), follow, or otherwise monitor (locally or remotely) Bell or his family or friends, provide information about same, or allowed surveillance equipment or people to be installed in (or remain installed) in their houses (whether rented or owned) to surveil Bell, his family or friends, during the period of December 1994 to date; and the same for all such people doing the same to the Multnomah County Common Law Court and any of its participants or attendees. 6. Defendant Bell asserts that it is not merely the actions of any single individual which will expose and challenge the highly improper nature of the government's "war," but the pattern of such activity showing a concerted campaign, behavior that would have been expected of the Gestapo, the KGB, or Iran's Savak. 7. Defendant Bell also requests discovery from the government concerning records of all such surveillance, including employee work records, airplane flight records, surveillance tapes (both audio and video), tracking-device-derived information ("beepers"), surveillance logs, aircraft flight records doing any such surveillance, and other information relating to these cases. Signed, [Signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this document to the Court's office, to the United States Attorney's office, and to Robert Leen's Office this 14 day of March, 2001. [Signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assist. United States Attorney, 601 Union Street, Suite 5100, Seattle WA 98101. Tacoma Federal Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 78] FILED MAR 20 2001 HON JACK E. TANNER IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) MOTION TO ADOPT DEFENDANT'S ) MOTION TO SUPPRESS, DEFENDANT'S SELF v. ) FILED SUPPLEMENTAL RESPONSE, DEFENDANT BELL'S ) MOTION TO DENY WITNESS, MOTION TO REVEAL THE ) IDENTITY OF INFORMANTS; BELL'S RESPONSE TO JAMES D. BELL ) Note: 03/30/01 Defendant ) _______________________________) COMES NOW the Defendant, JAMES D. bell, by and through counsel, who moves to adopt the defendant's second set of pro se filings dated March 14, 2001 as defense motions. Respectfully submitted, [Signature] Robert M. Leen WSBA #14208 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I forwarded a true copy of this pleading to the United States Attorney's Office this 19 day of March 2001. [Signature] Robert M. Leen Robb London Assistant United States Attorney 601 Union Street Seattle, WA 98101 FAX: (206) 553-0882 ROBERT M LEEN WSBA#14208 ATTORNEY AT LAW TWO UNION SQUARE 601 UNION STREET SUITE 4610 SEATTLE WASHINGTON 98101 3903 (206) 748-7817 FAX (206) 748-7821 [End of document.]
[Docket No. 79] FILED MAR 20 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) [Handwritten] ) 3/18/01 Partial Witness v. ) List ) ) James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. [Handwritten] 1. Due to Leen's refusal to do substantial work on my case, and to preserve my rights, I submit the following partial witness list: Ryan Thomas Lund Joane Maida Robert Gombiner Steve Wilson Charles Vollmer Lisa Stevenson Ernest "Ernie" Grissell David King Alverna King Daniel J. Saban Leslie Spier Jeff Gordon Mike McNall Steve Mueller [Signature] James Bell 3/18/01 Certificate of Service Copies mailed to Court, Prosecutor London on 3/18/01 [Signature] James Bell [End of document.]
[Docket No. 80] FILED MAR 20 2001 Jack E. Tanner IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, ) Plaintiff, ) ) ) No. CR00-5731JET ) ) Motion to Order Government ) to Rapidly Return Material v. ) Taken from the Defendant ) After or Before Trial ) James Dalton Bell ) Defendant ) _______________________________) Comes now the Defendant, James Dalton Bell, who declares that he is effectively and unwillingly unrepresented, and that his 6th Amendment Right to Counsel has been repeatedly and intentionally violated since on or about December 1, 2000. Defendant Bell has repeatedly sent letters to the court asking for substitute counsel, and two separate motions by attorney Robert Leen have been essentially ignored since mid- December, 2000. 2. On November 6, 2000, government agents executed a search warrant at Defendant Bell's residence, apparently taking many hundreds of pages of documents with no even arguable support from the wording of the search warrant. 3. Some of these documents were, in fact, legal-case files legally purchased from Federal and State courts: For example and specifically, a case from Seattle (civil) Federal Court (Lund v. U.S.) and (criminal) Tacoma (a Lund criminal case from 1997) and numerous copies from Clark County, Washington District and Superior courts. Also a specific police traffic report from early 1998 from Bremerton, Washington. Defendant Bell believes and asserts that, contrary to proper search-warrant execution practice and rules, many if not most of the documents taken in that search were not described in the search Warrant itself, and despite numerous requests by Bell during the search itself, no search warrant affidavit was present to guide or alert those doing the search. Bell believes that specialized knowledge by one government agent present, Jeff Gordon (also named, apparently, as a "victim" in the subsequent November 29, 2000 indictment) was improperly relied on to identify and select for taking most if not all of the documents actually seized in the search. Defendant Bell should not have to remind the officers of the Court, presumably all lawyers with the commensurate training of such, that proper service of a search warrant is intended to not allow any ambiguity or leeway: Given a particular search warrant and a given collection of objects/documents to be looked through, different searchers should choose the same set of objects to take. This intended policy and practice requires, of course, that special knowledge of the intent of that search is not only not required, but is in fact totally unusable: An object not described by the warrant cannot legitimately be seized simply because the officer involved "knows" that its omission from the warrant was undesired. 4. Other of these documents were printouts from publicly- available Internet data sources (if online Yellow pages" and "white pages"), and internet-derived (and thus, openly available) online websites, and others. 5. Defendant Bell has been denied virtually all access to the documents actually taken, and has generally been limited to seeing the short, vague description (one page, total) of the material taken (generated on-scene). Bell believes that if and when he is given more detailed access, he would be able to easily prove that the materials taken in the November 6 search essentially bear no resemblance to the dictates and descriptions in the search warrant. 6. In fact, Bell believes that the vast majority of the documents taken (and perhaps all of them) share a distinct characteristic undescribed and defined by any issued search warrant: They were taken precisely because they were believed (by special knowledge of officer Gordon) to be material collected as evidence of improper activities and crimes by Federal officers, as well as secret, undercover and quite possibly illegal government and government-personnel activity. 7. The American Revolution was fought over, among other things, the issuance of British so-called "General Warrants," or "Writs of Assistance," which were documents granting authority to the agents of King George III to enter a house or other building and do virtually anything they wanted, and to take anything they wanted. In the Fourth Amendment to the U.S. Constitution, this activity was prohibited: Warrants had to specifically describe items to be seized. Despite major abuse over the last few years by courts, this principle remains valid even today, even if honored more in the breach than the observance. 8. Unless the Court is willing to acknowledge the common view among scholars that the Fourth Amendment is virtually dead today, Defendant Bell believes that he has a right NOT MERELY to challenge and prohibit the USE of the material taken in that November 6 search in a trial, but he also has a right to pursue and study a pattern in the taking of that material which, in reality reveals a highly-illegitimate motivation not merely in the minds of people as they chose what to take, but also challenges their sincerity about their intentions with respect to the entire search before it started. Thus, Defendant Bell alleges an intent on the part of those planning and participating in the search to do a "burglary under color of law." 9. Except in specific and predictable cases (seizing stolen goods, illegal drugs and other contraband, or illegally- possessed "classified" information) the purpose of the "seizure" in "search and seizure" is NOT supposed to be the permanent, or that matter necessarily even the temporary deprivation of the material (and, in particular, the documents) involved from the person searched. For example, modern photocopier technology has long been capable of duplicating documents, and if police (term used generically) had any intention of following the dictates of the U.S. Constitution, they would be and in fact would feel themselves obligated to make copies of all warrant-justified documents and to leave the copies (or for that matter, the originals) in the person or people searched. Likewise, modern computer technology allows for complete copies of a computer's hard drive to be made in minutes, and likewise, they would not "take" any computer, but in fact would at most merely copy its contents. But as the late comedian John Belushi was famous for saying, "But Noooooooo!!!" Government investigators have learned that, with the connivance of like-minded judges through the legal system, they can harass, impede, and disrupt, and in fact PUNISH (before trial!) targets of investigations by not simply copying information, but in fact intentionally depriving that target of the information for months or even years. 10. This is by no means a theoretical problem: On April 1, 1997, a swarm of over 20 Federal government investigators acting on a wildly overbroad warrant (which was, in fact, further executed in a a wildly overbroad manner) essentially robbed Defendant Bell of virtually anything they wanted to take regardless of its inclusion on a search warrant. The also used a "boilerplate," "everything but the kitchen sink" computer- generated warrant that would have horrified any of the Founding Fathers of the US Constitution: Those honest men, long dead, never intended to allow police to simply describe any sort of item they might want to seize in ANY search, combine all such descriptions in a document without any support for every or even any particular line-item, and re-generate that document automatically whenever they need a warrant. Yet, sadly, this is the current state of what passes for "the law. Most of those items taken were returned only in the late- summer of 2000, well after 2 years past the time they were obligated to do so. Worse, they still haven't returned the two computers, having occasionally claimed (without benefit of a judge's order, or even asking for same!) that they "had to" keep them for vague, unstated reasons. Numerous repeated complaints by Defendant Bell to his traitorous then-lawyers Peter Avenia and (later) Judith Mandel achieved exactly nothing: They either did nothing, or what they did had no effect. Bell asserts that this incident demonstrates clearly the illegitimate practice of, in effect, "robbing" a person to be searched, under color of law and a search warrant (even if the warrant is assumed to be valid) simply for the purposes of denying the property. 11. Demonstrating their illegitimate reasons for wanting to keep/deny the contents of this information, on December 12, 1997 (the same day Bell was sentenced on a crooked, already-seriously- violated plea agreement) the then-prosecutor Anne Marie Levins actually "carried water" for the government investigators by asking for and receiving (without allowing Defendant to challenge) permission from then-Judge Burgess to erase names and addresses from Bell's property before it was returned, despite the fact that this had never been agreed-to by Bell in any plea-agreement negotiations, or for that matter had never even been requested. Defendant Bell points out that this action clearly demonstrated the "We can do anything we want, we're more important than you" attitude prevalent among Federal government employees. But quite revealingly, this shows a powerful and secret motivation for the November 6, 2000 search: These investigators obviously believe that anything they take from a victim of their thinly-disguised burglaries can be permanently denied to him: This means that the investigators have every (illegitimate) reason to take numerous items regardless of the requirements of the law and of the Fourth Amendment to the US Constitution. 12. Defendant Bell challenges the government to provide, as a part of required discovery, statistics on the number of government investigators (if any) actually punished (by fine, imprisonment, etc) for the last 10 years, as a percentage of the total, having engaged in activities during a warranted search beyond what that warrant actually authorized. Bell believes that these meager statistics will destroy the credibility of those doing the abusive search on November 6: Not one of them would have even felt the slightest fear of punishment, no matter how improper or illegal their actions became that day. 13. Defendant Bell asserts that Prosecutor London's actions provide clinching proof of the government's illegitimate intent: Any intent on November 6 to permanently deny Bell access to the materials taken in the search would have to have been followed by further denial of access to this material, which is in fact precisely what has happened. But even the latter denial is illogical, at least for the reason given (a false claim that Bell intended to publish this material on the Internet, particularly since a contrary statement by Bell in court was pointedly ignored and not challenged) because implicitly a temporary denial would still eventually end and then the material could still be published should Bell (or anyone else) wish to do so. The real reason, Defendant Bell accuses, is that the government has always intended to (illegally) deny Bell access to this taken material permanently , but they did not and do not want to admit this and certainly not before any sham trial: Such an admission could strongly suggest to any jury that the real reason for the November 6 search was simply to rob Bell of material that would expose, embarrass, or even incriminate government employees and and agencies, and further (as has been quite consistent with London's unethical acts since then) to even deny Bell the ability to use the illegal and improper nature of and intent behind that search to defend himself. 13. Therefore, Defendant Bell motions the Court to order the government to relinquish all discovery material and seized property/evidence to Bell (or if he chooses, his designee) immediately after trial, without exception or excuse or other delays including appeal issues if any. 14. Further, Defendant Bell motions the Court to order the government to deliver copies of all this discovery material to Bell's designee by April 10, 2001, regardless of the occurrence or non-occurrence of a trial up to that point. 15. Further, Defendant Bell motions the Court to order the government (and every employee, agency, contractor, or other) to deliver all copies of any such materials they have to Bell or his designee, keeping nothing, in any form for themselves or their agencies, and delivering to Bell or his designee a complete and accurate inventory of that material and the time and reason it was obtained by them, on or before May 20, 2001. 16. Bell asks the Court to issue substantial penalties for even temporary non-compliance with this order. Signed, [Signature] James Dalton Bell, Defendant Certificate of Service I hereby certify that I forwarded a true copy of this document to the Court's office, to the United States Attorney's office, and to Robert Leen's office this 16 day of March, 2001 [Signature] James Dalton Bell, Defendant Robert Leen, 601 Union Street Suite 4610, Seattle WA 98101 Rob London, Assist. United States Attorney, 601 Union St Suite 5100, Seattle WA 98101 Tacoma Federal Court Clerk, 1717 Pacific Avenue, Tacoma WA 98402 [End of document.]
[Docket No. 81] FILED MAR 22 2001 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA UNITED STATES OF AMERICA, | Plaintiff, | | Case No. CR00-5731JET v. | | ORDER JAMES DALTON BELL, | Defendant. | ___________________________________| THIS MATTER comes on before the above-entitled Court upon the Defendant's Motion for Discovery. Having considered the entirety of the records and file herein, it is now ORDERED that the defendant's motion is (doc. #60) is GRANTED in part and DENIED in part. The motion is GRANTED insofar as it allows the defendant access to discovery under the following rules: 1. Defense counsel is permitted to make copies of the discovery materials only to the extent necessary to aid in the preparation of a defense, and any person given access to the materials must agree to the following restrictions on the dissemination of these materials. 2. Defense counsel and the defendant shall not be permitted to distribute the discovery materials to third parties or the public without prior approval of the Court. 3. The defendant shall be permitted to view such materials in a conference room designated by the staff of the Federal Detention Center at SeaTac, and shall not be permitted to remove from that room any of the discovery material or any notes that he makes while reviewing the material. 4. At the conclusion of the instant case, the original discovery materials and all copies shall be returned to the Government. The clerk of the court is instructed to send uncertified copies of this Order to all counsel of record. DATED this 22nd day of MARCH 2001. [Signature] JACK E. TANNER SR. UNITED STATES DISTRICT JUDGE _____________________________________________________________________ car United States District Court for the Western District of Washington March 22, 2001 * * MAILING CERTIFICATE OF CLERK * * Re: 3:00-cr-05131 True and correct copies of the attached were mailed by the clerk to the following: Robert Louis Jacob London, Esq. U S ATTORNEY'S OFFICE STE 5100 601 UNION ST SEATTLE, WA 98101-3903 FAX 553-0755 Robert M Leen, Esq. CROWLEY LEEN STE 4610 601 UNION ST SEATTLE, WA 98101 FAX 748-7821 [End of document.]

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