To: County Sheriff Doug Darr
Adams County Sheriff
RE: [Billy bob Bramscher]
Adams County/District Case: 10CR3690
Supreme Court Colorado Case: 11SA212
Please know the following facts regarding my case – a malicious prosecution. All [of] the following err’s are jurisdictional and require the immediate release of accused/defendant/inmate:
1) Filing Complaint and Information Err: Defendant was living in Las Vegas, NV, on or about November 29, 2010, date of alleged offense and can [be] proved with rental receipts from Budget Suites Inn, I-15 and Tropicana, dates from the Tuesday before Thanksgiving 2010 until defendants arrest on fugitive warrant, on 01/04/11. Investigator [Detective] Infranca with the Westminster Police Department was well informed I was not in Colorado on or about November 29, 2010 as early as December 23, 2010. In a lengthy telephone interview with defendant prior to filing the Complaint and Information. Per C.R.S. Defendant not offered a summons and the warrant was proactively sought. *Please refer to C.R.S. 18-1-102(5),(11); Colo Const Art II, § 16; USC Art III § 2 clause 2, USC Sixth Amend, 18 USC § 3161; C.C.R. 18 – Venue; Federal Rules of Crim P, Rule 18; F.C.R. Title 18 Crimes and P part II; Crim P Chap 211 § 3237.
The prosecuting District Attorney [Don Quick] as well as ineffective counsel Cathlin Matson are well aware that no court in Colorado had/has jurisdiction to file Complaint and Information and again, Detective Infranca is well aware of the Jurisdiction Err.
2) Extradition. Whereas defendant was not a fugitive of justice the extradition was a violation of Federal rules and laws. To warrant extradition, fugitive must have been actually, and not merely constructively, present within demanding state at time of commission of offense.
3) On 02/25/11 accused pro se motioned for a change of venue with affidavit and by law, for showing of just cause, venue change automatic, and whereas Judge Howell ignored filing of motion to change venue, Adams County did lose jurisdiction.
4) On 02/01/11 defense did motion for a preliminary hearing and whereas preliminary hearing held 155 days after motion and not within thirty (30) day guaranteed by statute [and rule] the court lost jurisdiction.
5) Accused’s right to speedy trial started with signing of extradition waiver and trial not held with 180 days [and] court lost jurisdiction.
Sir… This is a malicious prosecution costing Adams County tax payers over $30,000 in the last seven (7) plus months. I am the victim and have lost my unalienable rights to Due Process & Liberty. Please vacate with prejudice my warrant of commitment.
P.S. A witness for defense is Sgt. Ron Lase, ACDF, Internal Affairs… Please contact.
Sergeant Ron Lase, Internal Affairs Adams County Detention Facility (ACDF)
As I was investigating my true honest story after I filed the complaint against Magistrate John Anthony Stipech, Westminster Municipal Court, Colorado, with The Colorado Supreme Court Office of Attorney Regulation Counsel, Chief Deputy Regulation Counsel Matthew A. Samuelson, #2010-3798, yet before my illegally recorded contact with Detective Richard Infranca (12/23/10) and my malicious arrest on 01/04/2011, I was in telephone contact with Sergeant Ron Lase, Internal Affairs Adams County Detention Facility.
I was amazed that Public Defender Cathlin Matson, Alternative Defense Counsel Rick Hernandez nor Alternative Defense Counsel Fran Simonet never attempted to contact Sergeant Ron Lase, Internal Affairs, in re my case 10CR3690/11SA212 and the testimony Lase could have provided for my case and at trial.
I did personally file for subpoena, pro se, Sergeant Ron Lase, Internal Affairs, ACDF, to appear as a witness for the defense at trial and wouldn’t ya know it… Ron was on vacation the week of my trial and John E. Popovich, Jr., 17th Judicial District Judge, Colorado, ruled that Ron Lase would not be subpoenaed… Isn’t it ironic, don’t ya think???
Stan White, Fugitive Unit Adams County Detention Facility
I thought I would include this one for fun…
As I have written previously, “I am the victim of a ‘War of Attrition’ and truly thankful I was well versed on The Art of War by Sun Tzu.
01/30/2012: Trial started ending on February 7, 2012 and as my own lawyer (pro se) I was found “NOT GUILTY” by a jury of my peers. At this time, I was charged with C.R.S. 18-8-615 via 18-9-111(1)(e) and the mens rea was changed to “Specific Intent” instead of “Knowingly” as incorrectly alleged for over thirteen (13) months…
In my jury trial, the Defendant’s Theory of Defense, provided to the Jury:
“It is the Defendant’s theory of defense that the prosecution of this case was based upon retaliation by the City of Westminster. The Defendant contends that he was exercising his First Amendment rights of free speech and to redress grievances he had with the City of Westminster and that this prosecution is based on bad faith investigation, legal harassment and retaliation against him Defendant for exercising his First Amendment Rights.”
I am Billy bob Bramscher and I am a victim of bullying, bad-faith investigation, vindictive prosecution, malicious prosecution, First Amendment Retaliation and Civil Rights violations by the City of Westminster, Westminster Police Department, Westminster Municipal Court, Adams County/District Court, Adams County District Attorney, Colorado Public Defender/Alternative Defense Counsel.
~Billy bob Bramscher