433 lines
21 KiB
Plaintext
433 lines
21 KiB
Plaintext
SUBJECT: FROM A REPORTER WHO WORKS OUT NEAR AREA 51 FILE: UFO2856
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PART 6
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THE GROOM LAKE DESERT RAT. An On-Line Newsletter.
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Issue #19. December 7, 1994.
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Rachel, Nevada.
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Contact: Area 51 Research Center, 702-729-2648
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[Note: This file ends with "###".]
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!!!!!!!!!!! NEWS FLASH !!!!!!!!!!!
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----- COURT REJECTS ALL MOTIONS IN CAMPBELL CASE -----
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SPECIAL PROSECUTOR TO BE APPOINTED
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Pahranagat Valley Justice of the Peace Nola Holton yesterday effectively
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rejected all pre-trial motions submitted by Glenn Campbell in his obstruction
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case, on the grounds that they were not printed in the proper format. This
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unusual decision, rendered almost a month after the first motion was
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submitted, calls into question the fairness of Campbell's upcoming Dec. 21
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trial.
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Campbell was arrested on July 19 during the seizure by Sheriff's deputies,
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without a warrant, of the video tapes of a KNBC-TV news crew near the border
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of the secret Groom Lake base. [See DR#12.] Although the TV crew says they
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did not photograph the secret base, they were stopped by two deputies, one of
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whom told them he would have to search their vehicle and confiscate all of
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their tapes. The crew offered to show the deputy their tapes in the camera
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viewfinder to prove they had not photographed the base, but the deputy
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refused, and he and his partner approached their unoccupied vehicle to
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conduct the search. Campbell, who was accompanying the crew, was arrested
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when he reached into the vehicle from the other side and pushed down the door
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locks, temporarily delaying the seizure.
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Four of the five tapes taken from KNBC have still not been returned and are
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apparently being held by the U.S. Air Force. The Lincoln County Sheriff's
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Department has a contract with the Air Force to respond to calls by the
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anonymous security force at the border of the Groom facility. Neither the
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Sheriff nor the Air Force will comment on the details of the contract or the
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special relationship between the two organizations.
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Campbell was charged with Obstruction of a Public Officer, a misdemeanor
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charge. He has chosen to represent himself, with the assistance of a Nevada
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attorney, Tracie Lindeman. Campbell has requested a jury trial, the first in
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this small-town Justice Court since around 1987.
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Campbell had submitted several pre-trial motions to the court. On Nov. 9, he
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filed a motion requesting specific discovery materials, and on Nov. 22 he
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field another seeking a ruling on defense strategies. When the court and
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District Attorney failed to respond, Campbell filed a motion asking the court
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to dismiss the charge. Still receiving no response, Campbell file a motion
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requesting an immediate ruling on the previous ones. In most courts, the
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prosecution has ten days to respond to motions by the defense, and if no
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agreement can be reached, a pre-trial hearing is held to obtain a ruling. In
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this case, however, neither the prosecution nor the court responded until a
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Dec. 6 letter to Campbell from Justice Holton. Holton stated that the
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motions submitted by Campbell could not be considered by the Court or D.A.
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because they were not in the "proper form."
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Campbell concedes that he submitted the motions in letter form and did not
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number each line or use the header format that is standard in legal
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documents. Campbell insists, however, that the text of his motions was
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legally proper and was reviewed by Lindemann prior to submission.
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Furthermore, Campbell says the Holton previously accepted his Oct. 14 motion
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to change the trial date, which was also not printed in the proper legal
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format.
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In his Nov. 9 motion for additional discovery materials, Campbell requested a
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Nov. 16 hearing, and the last line of the document said, "Please let me know
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if this request is insufficient." Holton informed Campbell of the format
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problem only on Dec. 6, eleven business days before the trial and only one
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day before the deadline for the issuing of subpoenas.
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"It sounds like the weakest excuse in the book," said Campbell. "I have
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never been on trial or defended myself before, so it's a learning process for
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me. I have made a great effort to adhere to all the legal procedures, but I
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am bound to make some minor errors. For the court to reject my motions
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because they are not formatted correctly, and to wait almost a month to tell
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me so, is unconscionable."
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At an Oct. 19 hearing on the change of trial date, Justice Holton told
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Campbell he was free to file pre-trial motions regarding evidence and
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discovery and that any conflicts would be resolved in pre-trial hearings.
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Holton said that she wanted all questions about the admissibility of evidence
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to be resolved before the trial date so that the trial itself would not be
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delayed by them. The Justice appears to have changed her position in her
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Dec. 6 letter, which effectively disallows any pre-trial motions or hearings.
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"Any and all motions will be heard prior to Trial on December 21, 1994,"
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Holton wrote.
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"As it stands, I must go into this trial without the slightest idea about
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what kind of evidence the court will allow or disallow." Campbell said. "I
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directly asked the court for pre-trial advice, and it was denied to me. I
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directly asked the District Attorney for documents and information that could
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lead to evidence critical to my defense, and both he and the court dealt with
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my requests by not responding at all. It doesn't help to have a ruling on
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these matters on the day of the trial because then I don't have any time to
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subpoena evidence or assemble a defense based on the court's ruling."
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"It is like the old Soviet system of justice," said Campbell. "You are
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allowed to mount a defense only as long as it is ineffective. If your
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defense is solid and runs the risk of embarrassing the authorities, the court
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will change its mind and disallow it."
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One practical effect of Holton's decision to delay all rulings until the
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trial date is that Campbell must now subpoena more witnesses and evidence
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than would usually be required. Since he cannot know what evidence and which
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defense strategies will be allowed by the court and has had no response to
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basic information requests, he must subpoena all witnesses and evidence that
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might possibly have any bearing on the case. This may mean that Campbell
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will be forced to subpoena the Sheriff and Undersheriff as well as officials
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of Nellis Air Force Base. Campbell is also expected to subpoena the video
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tapes taken from the KNBC crew and all the documents that would have
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otherwise been requested in the discovery process.
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Also in the Dec. 6 letter, Holton said that the D.A. had informed here that
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"a special prosecutor will be appointed to handle this case." The reasons
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for this action and the name of the special prosecutor have not yet been
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revealed. It is also unclear why the D.A. has waited so long to make such a
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move--almost five months after the arrest and only two weeks before trial.
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----- BACKGROUND: JUSTICE OF THE PEACE -----
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Dating from the days of Judge Roy Bean, the Justice of the Peace has been a
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trademark of the American West. The position was originally created to serve
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the needs of isolated rural communities where a full-time judge was not
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needed and no trained lawyers were available to serve. A Justice of the
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Peace needs to have no law degree, and there are no prerequisites for the job
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except to be elected by the community. In Nevada, the Justice of the Peace
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is empowered to hear misdemeanor cases but not felonies and deals primarily
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with traffic violations. The maximum fine the Justice my impose is $1200 and
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six months [?] in jail.
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Justice Holton does not have a law degree, but she was recently reelected by
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local voters by a wide margin. In Alamo, the Justice of the Peace shares a
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suite of offices with the Sheriff's Dept. substation, which consists of the
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two deputies who arrested Campbell. One of these deputies, Sgt. Lamoreaux,
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also serves as the court's bailiff.
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Nola Holton presided over a 1988 trial of four activists who were arrested
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for trespassing in the Groom Mountain Range shortly after its controversial
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withdrawal by the Air Force. Holton convicted the four, rejecting their
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defense that they were working a valid mining claim staked while the land was
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public. This conviction was later overturned by a higher court on appeal.
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Justice Holton also authorized the search warrant served on an ABC News
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television crew on April 8, 1994. Like KNBC, ABC was accused of
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photographing the secret Groom Lake base but denied doing so. The warrant
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authorized not only the seizure of the crew's video tapes, but also every
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piece of their equipment, including the camera, microphones, radio equipment,
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sound equipment and cables. All equipment and video tape was returned to ABC
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about a week later, with no explanation or apologies. Indeed, when their
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story aired, ABC showed no pictures of the secret base except the one printed
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on the cover of the March 1993 Popular Science.
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Holton has sentenced four of the seven trespassers who accidentally drove
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across the unfenced border on Jan. 2, 1994. Three who originally pleaded "No
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Contest" were sentenced to a $250 fine each. Another member of the group,
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William Fitzgerald, chose to fight the charges but later agreed to a plea
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bargain with the D.A. The D.A. agreed to recommend a $100 fine in exchange
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for a "No Contest" plea. Justice Holton, however, chose to disregard the
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D.A.'s recommendation and imposed a fine of $500 (plus a $100 clerical fee).
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Such an excessive penalty--five times the recommendation--is within the
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court's legal discretion, but it destroys the D.A.'s credibility in future
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negotiations. Since the D.A.'s recommendation seems meaningless to the
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court, he can no longer engage in effective plea bargaining.
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A fifth member of the group, Connie Ruiz, agreed to the same plea agreement
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as Fitzgerald, but she has not yet been sentenced because the court has not
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received the written plea agreement from the D.A. This four month oversight
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in the delivery of routine paperwork appears to reinforce the D.A.'s local
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reputation as an unreliable official given to unnecessary delays.
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----- MOTION TO COMPEL DISCOVERY -----
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Summary: The Nov. 9 "Motion to Compel Discovery" asked the court to require
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the District Attorney to provide documents to the defense concerning the
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handling of the KNBC tapes after they were confiscated from the TV crew. The
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motion is based on Campbell's Oct. 28 written request to the D.A. asking for
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the receipts and other paperwork signed by representatives of the Air Force
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and Sheriff's Dept. whenever this evidence changed hands. In most police
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departments, these documents are routine and required, and they should be of
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special concern when evidence is confiscated without a warrant.
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The D.A. failed to respond to Campbell's Oct. 28 request, even to deny it, so
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the Nov. 9 motion was filed to compel his reply. The motion requested a Nov.
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16 hearing if necessary, and the last line said to Holton, "Please let me
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know if this request is insufficient."
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----- MOTION TO CLARIFY DEFENSE STRATEGIES -----
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[Below is the full text of the Nov. 22 motion.]
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Nov. 22, 1994
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The Honorable Nola Holton
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Pahranagat Valley Justice Court
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P.O. Box 449
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Alamo, NV 89001
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Dear Justice Holton:
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Regarding: Case #P55-94
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MOTION TO CLARIFY THE ADMISSIBILITY OF VARIOUS DEFENSE STRATEGIES
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The Defense hereby asks the Court to provide its opinion as to the validity
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of various defense strategies that might be used during the course of the
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upcoming trial. I regard these strategies as straightforward and self-
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evident, but my discussions with the D.A. suggest that he would protest them
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as "irrelevant." In order to streamline the trial process and the obtaining
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of pre-trial information, I ask the Court to confirm or refute the general
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validity of each of these possible strategies....
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1) The accounts of the police officer or officers in the case are directly
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refuted by other witnesses who say that the events leading up to the arrest
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are different than described by the officers. The Defense can argue to jury
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that the difference in testimony suggests that the officer's memory is
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unreliable and the defendant's actions and intent were different that what
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the officers claim.
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2) At the time the defendant allegedly obstructed the officer, the officer
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was engaged in an illegal act or an act that was outside his properly
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delegated authority. The Defense may point out to the jury that to prove
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that obstruction took place, the State must show that the act that was
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obstructed was fully legal and properly delegated.
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3) Prior to the alleged offense, the Defendant had had extensive experience
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in similar situations with the same officer whose action he is accused of
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obstructing. In the prior cases, illegal or improper acts were committed by
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the officer or his department--for example, the illegal deprivation of
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personal property without due process--forming a clear and pervasive pattern
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of criminal activity or abuse of authority. The pattern was further
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emphasized to the defendant by the accounts of others, who claimed to also
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have suffered similar abuses. This information entered into the Defendant's
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state of mind at the time of the alleged obstruction, leading him to conclude
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that, if the officer's action was allowed to proceed, it would result in a
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similar illegal act.
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4) The Sheriff's Dept. is not neutral in this matter but is seeking to
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silence or harass a vocal political opponent. Testimony is presented
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suggesting prior animosity by the Sheriff's Dept. against the Defendant for
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his political activism. Testimony is also presented that, as a result of
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publicity generated by the defendant, the Sheriff's Dept. has suffered
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significant public embarrassment for its questionable policies. If supported
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by the evidence, the Defense may suggest to the jury that the authorities are
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not seeking to uphold the law but instead are seeking to "get" the Defendant
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to address past grudges.
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In this motion, I am only requesting the Court's permission to pursue any of
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these general strategies and seek relevant evidence; I am not yet seeking the
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Court's ruling on the admissibility of any specific piece of evidence, which
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may be addressed later. The aim of this motion is to save the time of both
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the Defense and State in allowing them to pursue only that evidence which has
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a possibility of being admitted.
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Since the further conduct of the discovery process depends on the Court's
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response to this motion, I ask that the Court rule on it as quickly as
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possible to preserve the Dec. 21 trial date. If a hearing must be held
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regarding this motion, Nov. 30 is requested.
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SINCERELY
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GLENN CAMPBELL
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cc: Thomas Dill, District Attorney
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Tracie Lindeman, Co-Counsel
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----- MOTION TO DISMISS -----
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[Below is the full text of the Nov. 29 motion.]
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Nov. 29, 1994
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The Honorable Nola Holton
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Pahranagat Valley Justice Court
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P.O. Box 449
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Alamo, NV 89001
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Dear Justice Holton:
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Regarding: Case #P55-94
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MOTION TO DISMISS
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I hereby ask the Court to dismiss the obstruction charge against me on the
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grounds of repeated and unwarranted delays by the State in prosecuting this
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case and responding to my reasonable discovery requests. These delays have
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effectively blocked my legitimate defense.
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Procrastination seems to mark every action of the District Attorney's office.
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In the pending case, even the simplest request or court action has been
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unreasonably strung out, including...
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-- Delay, without explanation, of my arraignment from Aug. 3 to Aug. 24--over
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one month after the July 19 arrest. The delay might have been justified for
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a complex, multiple count felony charge, but not a simple, single count
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misdemeanor.
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-- Delay, without explanation, of delivery of initial discovery materials,
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arriving over two weeks after a written request and a month and a half after
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the first verbal request. The written request was made Sept. 27, after
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multiple verbal requests in Aug. and Sept. in which the D.A. told me directly
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he would send the materials but did not. After the written request, two
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additional verbal requests were required before the materials were finally
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sent to me, postmarked Oct. 11.
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-- No response--after over a month--to my Oct. 28 written request to the D.A.
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for additional discovery materials. Since other requests and motions are
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dependent on the D.A.'s response, this unwarranted delay has made it
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virtually impossible for me to prepare an adequate defense for our agreed
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upon Dec. 21 trial date.
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At the Oct. 19 hearing, I agreed, in good faith, that the Dec. 21 trial date
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would be final and that no further delays would be necessary. I understood,
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however, that the D.A. would also make a good faith effort to respond to my
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discovery requests. In keeping with legal practice elsewhere, I expected
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that replies--at least negative ones--would come back to me within a few days
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of each request, then I would file motions on points of contention and
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hearings would be held promptly. I did not anticipate that a single very
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basic additional discovery request would eat up most of the time before
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trial.
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Although I have waived my right to a trial within 60 days, I have not
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consented to indefinite delays to accommodate the State's procrastination.
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As the trial date and discovery process is stretched out longer and longer
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from the arrest, the memories of witnesses fade and the obtaining of evidence
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becomes more problematic. Although I have waived my 60-day right, that does
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not give that State the right to delay the tools of my defense and thereby
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stretch out the trial date to the State's advantage.
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Even if the trial was again continued, it seems unlikely that the State's
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performance would improve. My own limited observation of local court cases
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and county business suggests that inexcusable delays are routine for the
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D.A.'s office. Even the simplest actions and responses, some requiring
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little more than the D.A.'s signature, are routinely delayed for up to four
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months or are never completed at all. At the Court's request, I can provide
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an lengthy list of such unwarranted delays in even the most straightforward
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situations, suggesting that NO trial date, no matter how far in the future,
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will allow the assembly of a reasonable defense in a complex case like this.
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To all appearances, the charge against me is trivial and politically
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motivated. I was arrested for allegedly interfering with the highly
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questionable and widely publicized seizure of a news crew's video tape,
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executed by a Sheriff's deputy without a warrant. The charge against me
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could be seen as an attempt by the Sheriff's Dept. and D.A. to save face. My
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opposition to the county's secret dealings with the Air Force is well know,
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and the continued pursuit of this groundless case must be seen political
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harassment.
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I hereby petition the Court to dismiss the misdemeanor charge against me.
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SINCERELY
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GLENN CAMPBELL
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cc: Thomas Dill, District Attorney
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Tracie Lindeman, Co-Counsel
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----- MOTION TO SUBMIT -----
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Summary: The Dec. 2 "Motion to Submit" requested Holton's immediate ruling on
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the above motions, based on the D.A.'s failure to respond and the rapid
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approach of the Dec. 21 trial date.
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"Since the defendant is innocent until proven otherwise, the burden is on the
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State to actively defend its position throughout these proceedings. Since
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the State has failed to offer an objection to the first two motions within a
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reasonable period, I petition the court to issue an immediate ruling in favor
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of the Defense."
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----- THE COURT'S RESPONSE -----
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[Below is the letter by Justice Holton to Campbell. It is the only response
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from either the court or D.A. to any of the motions above.]
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Pahranagat Valley Justice Court
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P.O. Box 449
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Alamo, NV 89001
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Phone: (702) 729-3357
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December 6, 1994
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Glenn Campbell
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HCR Box 38
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Rachel, NV 89001
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Dear Mr. Campbell;
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I am in receipt of the numerous communications which have been sent to this
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Court. Before these written motions can be answered by the District
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Attorney, or considered by the Court, they must be submitted in proper form.
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Please consult with co-counsel regarding the required format. Also discuss
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with her the scope of discovery with the District Attorney must provide.
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Any requests for dismissal of this action will be considered only after the
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Court has listened to verbal arguments from both sides. Any and all motions
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will be heard prior to Trial on December 21, 1994.
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Also for your information, the District Attorneys office has advised that
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because of a possible conflict, a special prosecutor will be appointed to
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handle the case. The Court will receive written notification tomorrow and a
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copy will be forwarded to you.
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Sincerely,
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Nola Holton
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Justice of the Peace
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----- PUBLICATION INFO -----
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This special issue of the Groom Lake Desert Rat may be freely reproduced
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without restriction.
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Prepared by psychospy@aol.com.
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###
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**********************************************
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* THE U.F.O. BBS - http://www.ufobbs.com/ufo *
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