“If your enemy is secure at all points, be prepared for him. If he is in superior strength, evade him. If your opponent is temperamental, seek to irritate him. Pretend to be weak, that he may grow arrogant. If he is taking his ease, give him no rest. If his forces are united, separate them. If sovereign and subject are in accord, put division between them. Attack him where he is unprepared, appear where you are not expected.” ~Sun Tzu, The Art of War
After my third (3rd) incompetent Public Defender quit my case on November 16, 2011, and I was forced to be my own attorney (Pro Se) I submitted the following motion(s). EVERYTHING on this motion was ignored by Judge Popovich and the District Attorney and rumor was that they were pretty pissed I submitted “work” for them to have to do!
The motion begins with the background (history) pages 01 to 18:
Pages 19 to 33 concern Substantive and Procedural Due Process Claims, First Amendment Retaliation Claims, the unconstitutionality of CRS 18-8-615 (Retaliation Against a Judge) and 18-9-111(1)(e) (Telephone harassment):
Page 34 is specific to amendment to the charge on 10/21/11 wherein the District Attorney and Chief Judge Phelps manipulated the charge yet never updated the court records to reflect what I was defending myself against:
Page 35 is specific to violations of my 8th Amendment:
Page 36 is specific to the Preliminary Hearing:
Pages 37 to 40 are specific to Suppress Evidence:
Pages 41 to 43 are specific to Complete Deprivation of Counsel:
Page 44 is specific to CRS 16-8.5-103(2) and Competency and my Preliminary Hearing:
Pages 45 to 50 are specific to Motion to Suppress Arrest Warrant & Accompanying Affidavit, Motion for Veracity Hearing:
That does end my Epic and Legendary 50 page motion!!! Because Fran Simonet submitted an incompetent motion of the same (see link below) I was unaware I needed to submit another Affidavit in re my Veracity Motion. Please find a copy of my Affidavit dated sum two-weeks before my trial yet Judge Popovich, along with denying every motion I submitted within these 50 pages, also denied with careless and reckless regard my motion for Veracity:
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 on January 30, 2012 ending on February 6, 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 and others!!!
~Your Affectionate and Obedient Servant…
~Billy bob Bramscher