First Amendment Stuff............

John blueoval at 1SMARTISP.NET
Mon Jan 3 10:41:29 MST 2005

This from Read about Else being charged
with 32 counts of contempt on Dec. 29 at this website.

Wednesday, December 22, 2004
1st Amendment Advocate June Maxam Vindicated!
June Maxam is one tough lady.

Her story is almost identical to what happened to Elsebeth
Baumgartner: Maxam complained about local government officials and
was sent to jail and abused with frivolous charges.

Ultimately, the local government tied her up in court for 6 1/2

Maxam was vindicated by a special prosecutor who - after 6 years
of legal abuse - dismissed the original charges because the
charges violated her Constitutional rights!!

Here's the story that Maxam published on The Empire Journal.

More to come...



For short attention spanners: If you don't want to read the entire
Maxam story (we'd urge you to because it's pretty outrageous and
interesting) here are the bullet points of June's story and
eventual victory:

June Maxam is a publisher of a newspaper in upstate New York.

She frequently criticizes the local government in order to hold
them accountable - and back in 1998 she was investigating and
criticizing a few zoning violaters.

The zoning violaters brought criminal charges against her for
"harassment" and "menacing."

The local Sheriff's Department gladly pressed charges against
Maxam because they too had been the subject of critical commentary
in Maxam's newspapers.

Maxam asserts that the charges are retaliatory and violate her
constitutional rights.

Maxam is sentenced to nine months in jail after being convicted on
nonviolent misdemeanor charges that ultimately cost the taxpayers
$100,000. (estimated)

Witnesses that testified against Maxam were also individuals who
were the subject of commentary in Maxam's newspaper:

One of which was Judge E. Wendell Ross - who had been censured on
21 counts of misconduct by the state Commission on Judicial
Conduct after Maxam filed a complaint against him in 1990.

Ross later retired in the midst of another state investigation
into his alleged judicial misconduct.

After six years of litigation, jail time, and legal harassment the
prosecutor who has now been assigned to Maxam's case admits:

 These Constitutional rights [which allow Maxam to criticize the
government] are fundamental to the existence -- and survival -- of
our form of governmental and system or jurisprudence."

 Finally, this case has been an expense to the taxpayers of this
county for over four years. Because I believe the constitutional
issues are dispositive of this Appeal, I could not justify
expending further time to respond to added issues of legal, but
lesser, significance .

 [The] defendant is sometimes a contentious is not the
defendant s contentiousness, but rather her Constitution -- and
her rights thereunder which exist for the protection and benefit
of each of us -- that has been the single, concluding, fundamental

 For even the most contentious among us -- perhaps especially the
most contentious among us -- are entitled to these fundamental


Pretty wild isn't it?

The county took her for a ride for over 6 years on charges that
were later determined to be unconstitutional.

If you read the story you'd be further disgusted with more details
of the story:

Maxam served time in solitary confinement during her jail stint.

Maxam's bond was denied (on a nonviolent misdemeanor) and was
forced to spend Christmas 2000 in jail. The judge raised the price
of the bond and absolutely refused to let Maxam post in order to
spend Christmas at home.

Maxam has documented many instances of prosecutorial misconduct
that will be addressed (eventually) in a federal lawsuit against
the individuals who prosecuted her on unconstitutional charges.


We'll keep Erie Voices readers posted on this story.

It won't be that hard - since it almost mirrors Elsebeth
Baumgartner's story.

The good 'ole boys sure do hate strong women don't they?

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