Granby vs. Deines

Table of contents

Overview
The Incident
The Ticket
First Motion to Dismiss -- January 10, 1996
The City Prosecutor's Response -- January 19, 1996
Second Motion to Dismiss -- February 14, 1996
Third Motion to Dismiss -- March 13, 1996
The Trial of April 10, 1996
Epilogue

First Motion to Dismiss

                    IN THE GRANBY MUNICIPAL COURT
			     GRANBY, MISSOURI

CITY OF GRANBY                 )
	  Plaintiff,           )
			       )
vs.                            )     Case No. _________________
			       )
SHAWN DEINES                   )
	  Defendant            )

			     MOTION TO DISMISS

COMES NOW the Defendant, Shawn Deines, and in support of his motion 
states the following:

    1. That proper jurisdiction to pursue this case is absent because the 
complaint is unverified and several acts of perjury have been committed 
on the very face of the complaint.
      a.) Missouri Rules of Court, Rule 37.34 stipulates (a) that "All 
ordinance violations shall be prosecuted by information." and (b) that the 
prosecutor "may file an information charging the commission of an 
ordinance violation based upon either 1) his own knowledge or information 
or belief, or 2) upon a verified complaint."
      b.) Since the prosecutor was not at the scene, the prosecutor needs 
a verified complaint to prosecute. The prosecutor lacks a verified 
complaint, therefore, this alleged traffic ordinance violation must be 
dismissed.
   
   2.) a.) Since Sgt. Brady improperly signed the complaint as being 
under oath before a competent authority at the scene of the alleged 
traffic violation, this complaint has not been properly verified in 
accordance with Rule 37.33 (f) demands that complaints be properly 
verified. In addition, since Sgt. Brady was not observed swearing an 
oath at the scene, Sgt. Brady has committed an act of perjury. 
      b.) In addition Sgt. Brady has committed still another act of 
perjury because the oath that he improperly swore to says that "THE ABOVE 
CLAIM IS TRUE AS I VERILY BELIEVE." Sgt. Brady was not present when the 
alleged violation occurred. Nor was a crystal ball or certified psychic 
observed in Sgt. Brady's possession. 
     Defendant must regretfully note that Sgt. Brady seems to be a liar 
and Sgt. Brady doesn't seem to know how to write bogus complaints 
effectively.

  3. Swarms of numerous other fatal deficiencies too numerous and 
unnecessary to mention as above fatal deficiency is quite enough to get 
this case dismissed.

Wherefore, the Defendant demands this case to be dismissed and for Sgt. 
Brady and the City Prosecutor to pay the court costs in accordance with 
the Granby Municipal Court Rules for this malicious, frivolous, and 
unnesessary [sic] complaint. Furthermore, in the interests of justice, 
the Defendant thinks it would be a good thing if every ticket Sgt. Brady 
has written be dismissed and money be refunded.


  Signature                                            Jan. 10, 1996
_____________________________________                __________________
Shawn Deines, Defendant                                   Date

The City Prosecutor's Response to Motion to Dismiss

Weaving a Web of Lies

                      IN THE GRANBY MUNICIPAL COURT
                            GRANBY, MISSOURI


CITY OF GRANBY  Plaintiff     )
                              )
vs.                           ) Case No.
                              )
SHAWN DEINES    Defendant     )
Route 2, Box 2008             )
Granby, MO 64844              )


             RESPONSE TO DEFENDANT'S MOTION TO DISMISS

   Comes now the City of Granby, plaintiff, by and through its attorney,
Kevin L. Selby, and states in support of the motion:
   1. That the City of Granby objects to Defendant's Motion to Dismiss.
   2. That a   verified Amended Complaint has been filed in this matter 
pursuant to Rule 37.34.
   3. That based upon that Amended Complaint the Court has jurisdiction 
to hear this matter.
   4. That Defendant's allegations of Sergeant Brady's commission of 
the act of perjury are unfounded and do not warrant dismissal of this
action.
   5. That Defendant's notions that "swarms of numerous other fatal 
deficiencies, too numerous and unnecessary to mention", while interesting
verbage, are too vague to constitute a fatal deficiency and that 
therefore the Court should deny the Motion.
   WHEREFORE, the City of Granby prays the Court enter an Order denying 
the Defendant's Motion to Dismiss and for such further action as the 
Court deems just and proper.

I hereby certify that a copy
of the foregoing was sent by                  -s- K L S
U.S. Mail, postage pre-paid                   _____________________
this 19th day of January, 1996 to:            Kevin L. Selby
                                              Granby City Attorney
                                              P.O. Box 658
Shawn Deines                                  Neosho, MO 64850
Route 2, Box 2008
Granby, MO 64844

-s- K S
___________________
Kevin L. Selby

Filing False A Information

and Bearing False Witness

                   IN THE GRANBY MUNICIPAL COURT
                            GRANBY, MISSOURI
                                             [stamped] Filed Jan 29 1996

CITY OF GRANBY  Plaintiff     )
                              )
vs.                           ) Case No. [written] T-555-95
                              )
SHAWN DEINES    Defendant     )
Route 2, Box 2008             )
Granby, MO 64844              )


                          AMENDED COMPLAINT

    Comes now __Ken Brady__ and being duly sworn on oath complains that
 
on or about the _29th_ day of __November__, 199_5_, within the 

jurisdiction of this Court the above named Defendant did, then and 

there unlawfully: __Failed to keep Right_______________________________

_______________________________________________________________________

in violation of the ordinances of this City.



                                          -s- Ken Brady
                                          ____________________________
                                          Complaintant

STATE OF MISSOURI    )
                     )
COUNTY OF NEWTON     )

        Subscribed and sworn to me on this date.
        Dated:_____1-24-96____

                                 
                                      -s- Kay May, Court Clerk
                                      ____________________________

[hand printed:]
ON INFORMATION, UNDERSIGNED PROSECUTOR COMPLAINS AND INFORMS
COURT THAT ABOVE FACTS ARE TRUE AS HE VERILY BELIEVES.
 
                        K S                           1/25/96
                      _____________ 
                       PROSECUTOR

--------------------------------------------------------------------
This information was given to Martin Lindstedt in a metered and stamped
envelope by Granby Court Clerk Kay May at 4:30 p.m on March 14, 1996 as 
he was riding his bicycle by City Hall in response to his demand for the 
amended complaint the court night of March 13, 1996.

Second Motion to Dismiss

                    IN THE GRANBY MUNICIPAL COURT
                        GRANBY, MISSOURI

CITY OF GRANBY              )
             Plaintiff,     )
                            )
vs.                         )      Case No. _________________
                            )
Shawn Deines                )
             Defendant      )

                 ENHANCED MOTION TO DISMISS AND  A COMPLAINT 

COMES NOW the Defendant, Shawn Deines, by and through his Counsel of 
Choice, Martin Lindstedt and in support of his motion and complaint 
responds to the City of Granby's response:
   1. It is only natural that the City of Granby object to the Defendant's 
Motion to Dismiss of January 10, 1996. The City of Granby is maintaining 
a traffic-ticket mill wherein it steals under color of law money and 
freedom from the poor and politically weak citizens who travel through 
Granby.
   2. Prosecutor admits that he has filed Amended Complaint pursuant to 
Rule 34.34.
  The previous complaint was so pathetic and bogus that it was necessary 
to amend it. 
   3. If, as the Prosecutor states, this court has jurisdiction to hear 
this matter, then it also [has] a jurisdictional duty to dismiss this 
case, and any other case brought up by this dishonest police officer and 
maliciously prosecuted by this prosecutor.
   4. The original complaint shows on its very face that Sgt. Brady 
committed no less than two acts of perjury and is incompetent to write 
valid complaints. The original Motion to Dismiss discussed this in 
detail. There is no need to rehash this argument.
   By continuing to amend and cover up for Sgt. Brady and request 
continuance of this matter in the face of law and fact, Prosecutor Selby 
has evidenced a willingness to suborn perjury, to willfully and knowingly 
maliciously prosecute, obstruction of justice and misprision of felony. 
For this misconduct, he should be held in contempt of court and barred 
from practice from this court and all others in Missouri.
   5. Defendant's Counsel evidenced an unwillingness to help Prosecutor 
Selby learn how to write an effective and honest information on January 
10, 1996. Prosecutor Selby dishonestly tried to make Feb. 14th the venue 
for an "evidentiary" hearing when it is really a simple matter of the 
law as written and whether Prosecutor Selby and this court will obey it.
  Defendant's Counsel's "swarms of numerous other fatal deficiencies too 
numerous and unnecessary to mention" verbiage, is more than merely 
"interesting" and "vague," as the Prosecutor alleges. It reflects an 
accurate understanding of the criminally felonious malicious tendencies 
of Prosecutor Selby to continue to keep changing the charges against the 
Defendant as new ones have to be discarded. If the fatal deficiencies of 
the newly minted informations against the Defendant are brought up then 
prosecutorially  changed one by one, we could go through 50 of the things 
before this matter is ready for trial.

  WHEREFORE, the Defendant demands that the Granby Municipal Court 
dismiss this case, that the City Prosecutor and Sgt. Brady pay the court 
costs in accordance with Granby Municipal Court Rules for this malicious, 
frivolous, and unnecessary complaint, that Prosecutor Selby and Sgt. 
Brady be prohibited from any further dishonest commerce before this 
court, that both Prosecutor Selby and Sgt. Brady make restitution for 
every dishonest and fraudulent case prosecuted and traffic ticket 
written, and that the Defendant  be reimbursed for time at work missed 
due to this malicious complaint, and for such further action as the 
Court deems just and proper.

I hereby certify that a copy             -s- Shawn Deines  
of the foregoing was delivered      _________________________________
in person, Feb. 14, 1996                     Defendant
to Prosecutor Kevin Selby.

Third Motion to Dismiss

                      IN THE GRANBY MUNICIPAL COURT
                            GRANBY, MISSOURI

CITY OF GRANBY              )
            Plaintiff,      )
                            )
vs.                         )             Case No. _________________
                            )
Shawn Deines                )
            Defendant       )

             THIRD MOTION TO DISMISS & ASSESSMENT OF DAMAGES 

    COMES NOW the Defendant, Shawn Deines, by and through his Counsel of 
Choice, Martin Lindstedt and makes the following requests:
    1.) That the City of Granby dismiss the complaint against the 
Defendant and harass him no more under color of law with this bad-faith 
complaint.
    2.) As this procedure has cut into Defendant's time at work for three 
days, that Sgt. Brady and Prosecutor Selby pay Defendant $150 at $50 per 
day for three days and that $50 be paid for Defendant's time and expenses 
for legal research in defending against this bogus action.
    3.) That a copy of the amended information filed be turned over to 
Defendant so that Defendant has option of filing criminal and civil 
complaints against Sgt. Brady, Prosecutor Selby and the City of Granby 
in case Defendant is not paid his $200 or the harassment under color of 
law continues.
    4.) That Sgt. Brady and Prosecutor Selby pay in accordance with 
Municipal Court Rules the court costs and any additional fines imposed 
for this dishonest complaint.
    5.) Any other relief this court finds proper and just.

   Defendant notes that this type of corruption takes place all the time 
and should be corrected by criminal charges brought against the 
prosecutor and police officers involved in fomenting injustice. However, 
Defendant wishes to be left in peace, and if granted the relief 
petitioned for, Defendant will surrender standing to civilly sue or 
request criminal prosecution.


_______________________________                                           ___________________
   Shawn Deines, Defendant                                                                         Date

A copy was personally served upon the
City Prosecutor Kevin Selby on 3/13/96.