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
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
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.
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.
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.