From jmurtari at AKidsRight.Org Tue Mar 4 17:37:34 2008 From: jmurtari at AKidsRight.Org (John Murtari) Date: Tue, 04 Mar 2008 17:37:34 -0500 Subject: Murtari Trial Moved Up / Case Law Request Message-ID: <47CDCF2E.3@AKidsRight.Org> Good People and People of Faith, This is a personal message about some recent events and some thoughts I would like to share. It's being written from my jail cell on Sunday night, to go out in the mail Monday, and hopefully typed and turned into a list message Wednesday! Click here for a detailed history. *TRIAL MOVED FROM MARCH 31ST TO MARCH 18TH* On Saturday I received legal mail from the Federal District Court Clerk. It was a brief notice that my new trial date would be March 18th at 0930. It was quite a surprise! As many of you know a few weeks ago I wrote a letter to Federal Magistrate Peebles. I wanted to have my trial date moved up to the 19th so that Domenic and I could have Spring Break / Easter together. It was quickly denied. It appears the trial date change was initiated by a schedule conflict for my attorney / adviser assigned by the court. I'd like to express my sincere thanks to those of you who wrote the Judge and US Attorney, for your prayers, and for God's help. Last week we sent a message regarding trial event planning. We have updated the plan for the new trial date. It would certainly be great to see some of you there in person! Teri Stoddard is in the process of moving expects an interruption in her Internet service. Kevin Purdy has agreed to fill in for her until she gets settled in. You can email Kevin at kevinmadi at msn.com. *REQUEST FOR FEDERAL CASE LAW* I don't have a lot of time to get ready and I'm not going to complain to the judge since I wanted the accelerated trial date. The jail "law library" is limited. During my last trial I was found not guilty on two of the four charges when a member of the group sent me a Federal case abstract from the 9th Circuit Court of Appeals that said, "no reasonable person could presume that writing with chalk would damage a sidewalk." You can see what I'm being charged with here, criminal contempt for disobeying his order to not write with chalk on the Federal Plaza. For further background, please read the letter and motion I submitted, which is still pending, requesting dismissal. It has details on the points below. * The matter is being tried as a "petty offense." What is the maximum penalty? * How bad does a jail law library have to be in supporting case searches to justify a dismissal? * In a finding of "criminal contempt," is there any defense if the behavior is motivated by strong moral conviction? * Validity of a judicial order that "creates" a new crime. e.g. Federal / GSA regulations only prohibit "damaging" government property -- can it be extended to include chalk? * Do the quiet actions of one person in a "traditional public forum" located on GSA property require a permit? The Syracuse Federal Plaza has been the site of many protests in the past and is also used for music festivals. Time is limited. The trial scheduling order calls for legal submissions by March 13. You can reply with an email message and link to the case details. If possible, I would really appreciate just having the case details printed and mailed to me. (Please include your return address in your letter. The jail sometimes tears off return address labels.) John Murtari P.O. Box 143 Jamesville, NY 13078 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://kids-right.org/pipermail/newsletter/attachments/20080304/daa39b06/attachment.html From jmurtari at AKidsRight.Org Tue Mar 11 16:04:26 2008 From: jmurtari at AKidsRight.Org (John Murtari) Date: Tue, 11 Mar 2008 16:04:26 -0400 Subject: Jail Letter to Sen. Clinton / Faith enough for reform? Message-ID: <47D6E5CA.5000002@AKidsRight.Org> Good People & People of Faith, This message has info on: 1. Jail Letter to Sen. Clinton - before trial 2. Faith enough for reform - Thanks for God's help? We have a page at the web site which has a schedule of events and a map to describe activity we have planned for John Murtari's Federal trial on March 18th. We'd like to get an idea of how many people plan on being there. Please respond to this message and also "CC" a copy to Kevin Purdy (kevin at AKidsRight.Org). /From John - "My trial is next Tuesday and I hope to see some friendly faces there when I'm led into the Court Room. It would certainly bring a warm smile to my face and be a positive demonstration to the Judge, US Attorney, and media -- that the Family Rights issues this parent is risking jail for are important. Hope to see you there, each positive action we take as individuals is valuable."/ *1. Jail Letter to Sen. Clinton - before trial* Below is the text of a handwritten letter John Murtari just mailed to Senator Clinton's Syracuse & Washington offices. We encourage you to FAX your thoughts to the numbers below: Syracuse FAX: 315-448-0476 Washington FAX: 202-228-0121 ---------- March 6, 2008 The Honorable Hillary Rodham Clinton James M. Hanley Federal Building 100 South Clinton Street P.O. Box 7378 Syracuse, NY 13261-7378 Dear Senator Clinton (Mr. Biba), This letter comes to you from a jail cell and my Federal Trial in Syracuse is on March 18^th . By that date I will have already spent 50 days in jail. My alleged offense is writing "I LOVE YOU" to my son and "SEN CLINTON HELP US!" with kid's chalk on the ground of the Federal Plaza. Members of our group AKidsRight.Org, have visited your local and Washington offices. Many parents have called and written your local office. I know I have called three times in the past few months to talk to Mr. Biba, your regional representative, and no calls have been returned. We feel ignored. I can understand how busy you and your staff must be and that the concept of Family Rights, as a recognized Civil Right, is a new issue. I'm coordinator for a growing group of loving Moms and Dads who were unjustly separated from their kids due to divorce, separation, or child "protective" services. We have seen our families, and especially our children go through needless heartache and pain -- it was an issue we also had not recognized, till it happened to us! Our immediate goal is a local meeting between you and a small group of mothers and fathers associated with our group. We hope that after you have a chance to hear our stories and also from other groups -- you will endorse a call for Congressional Hearings and eventually the creation of a Family Rights Act. An Act to recognize and protect the right of our children to have TWO parents equally involved in their lives AND the right of parents to raise and nurture their own children. That requires parents be found guilty in a criminal court, with jury protection, of being a demonstrated serious threat to their kids -- before government can interfere in family life. I can think of no more important issue. One that affects the very fabric of our society. We have a draft meeting agenda at our web site: http://www.AKidsRight.Org/clinton/draft_agenda.htm. My contact info is below. I look forward to your response! Respectfully yours, John Murtari 34 Franklin Street Lyons, NY 14489 jmurtari at AKidsRight.Org 315-635-1968, x-211 *2. Faith enough for reform - Thanks for God's help?* * THANKS FOR GOD'S HELP* Did many of you catch that in the last message? Did it bother you? You know, I almost didn't put it in -- imagine that! I got some recent feedback that said "All of the talk about religion and Jesus seems out of place." Now imagine that! Although many seem to appreciate the integral part Faith plays in NonViolent Action , others have counseled me I should down play the religion stuff ... /But that would have lied about my experience here in the jail and what keeps me going. It certainly isn't anger at the people in the system, or a desire for revenge against my former spouse. I can't even say my ability to tolerate weeks in jail is from the strong love I have for my son; or a response to the terrible indignity with which many of you have been treated./ I survive this, and can repeat it, because of my Faith (imperfect as it is) in a Loving God. I have a book of Psalms, the Liturgy of the Hours, and after every meal and at night I follow through the cycle. Some may be disturbed by the Psalms that follow. They not only request help from the Divine, but also admit personal failure that has no excuse. Certainly not the "I'm okay/you're okay" and everything is relative take on life. Last year we featured Thanksgiving Day Proclamation of President Lincoln. Did any of you find it strange that he called the Civil War a result of our Nation's "perverseness." Have you heard any recent politicians talk about America that way? /Are we the perfect cry babies? We sit & squeal about injustice that hurts us, but we expect someone else to "make it all better." We just need to yell a little louder! / We fail to embrace the Divine precept and love our neighbor as we love ourself. Prepared to lay down our life for a friend? Do we want our children caught in the same system? / / During this season of Lent, before Easter, may be a good time to *reflect on our own behavior, and what we could have done and can still do better!* Here are a few excerpts from my favorites. I hope you will enjoy them also! Psalm 142 With all my voice I cry to the Lord, with all my voice I entreat the Lord. I pour out my troubles before him; I tell him all my distress while my spirit faints within me. But you, O Lord, know my path... Listen then to my cry for I am in the depths of distress. Rescue me from those who pursue me for they are stronger than I. Bring my soul out of this prison and then I shall praise your name. Psalm 51 Have mercy on me, God, in your kindness. In your compassion blot out my offense. O wash me more and more from my guilt and cleanse me from my sins. My offenses truly I know them; my sin is always before me. Against you, you alone, have I sinned; what is evil in your sight I have done... Indeed you love truth in the heart; then in the secret of my heart teach me wisdom... A pure heart create for me, O God, put a steadfast spirit within me... O rescue me. God, my helper, and my tongue shall ring out your goodness O Lord, open my lips and my mouth shall declare your praise. For in sacrifice you take no delight, burnt offering from me you would refuse, my sacrifice, a contrite spirit. A humbled, contrite heart you will not spurn... Psalm 13 How long, O Lord, will you forget me? How long will you hide your face? How long must I bear grief in my soul, this sorrow in my heart day and night? Look at me, answer me, Lord my God! Give light to my eyes lest I fall asleep in death, lest my enemy say: "I have overcome him"; lest my foes rejoice to see my fall. As for me, I trust in your merciful love. Let my heart rejoice in you saving help... -- John Murtari ___________________________________________ Coordinator AKidsRight.Org jmurtari at AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/ -------------- next part -------------- An HTML attachment was scrubbed... URL: http://kids-right.org/pipermail/newsletter/attachments/20080311/13142f00/attachment-0001.html From jmurtari at AKidsRight.Org Fri Mar 14 13:33:01 2008 From: jmurtari at AKidsRight.Org (John Murtari) Date: Fri, 14 Mar 2008 13:33:01 -0400 Subject: Murtari Trial - Write the newspaper / Your FEEDBACK Message-ID: <47DAB6CD.4040004@AKidsRight.Org> Good People & People of Faith, This message has info on: 1. Write the newspaper - Letters to the Editor 2. Your FEEDBACK - in words and action. *1. Write the newspaper - Letters to the Editor* We sent out a news release today to both local and national media regarding John Murtari's upcoming Federal Trial. He's facing contempt charges for writing "I LOVE YOU" to his son and "SEN CLINTON HELP US!" with chalk on the ground of the Federal Plaza. The news release is free for anyone to retransmit. It can be found at this link: http://www.AKidsRight.Org/clinton/release42.pdf . The Post-Standard is the Syracuse Metro newspaper. In the past they have published collections of letters regarding John's political activity. We hope they will do so again regarding this trial and the failure of Senator Clinton to meet with parents. We encourage all of you to take the time to send them a brief message in the next few days. The paper's web site is at http://www.syracuse.com. Here are their submission guidelines: Letters should be 250 words or less (but up to 600 if they consider it very good). You must include your name, full mailing address, and a daytime phone number for verification if necessary. Address letters to: The Reader's Page P.O. Box 4915 Syracuse, NY 13211 Or by FAX to: 315-470-3081 or via E-Mail to: letters at syracuse.com . For the Subject line, use: Post-Standard letter We know many of you can't travel the long distance to Syracuse, but your letters will certainly be a help. We will be checking the local paper and redistribute on our mailing list any letters that get published. *2. Your FEEDBACK - in words and action.* Your FEEDBACK to our last list message is below. We are asking people to come to Syracuse for the trial and visit Senator Clinton's local offices which are in the same building. Click here for complete info and directions. So far we've only had one person express interest in being there. We could certainly use a few more. If you can attend, please send a message to Kevin Purdy (kevin at AKidsRight.Org) and please "CC" a copy to feedback at AKidsRight.Org. --- Jackie Ross > I don't see why you are harping on Sen Clinton - she is just a patsy > for women's rights, she won't get you anywhere. I would find > someone more sympathetic to your cause besides her. --- per andersson > John, > please continue all your talk about religion and Jesus! --- B. A. Townley > Isn't it totally absurd that there are Federal charges for writing > on sidewalks with chalk? Shouldn't Federal trials be for major > things such as blowing up buildings, committing treason and other > real crimes? They should have better things to spend time and > resources for than a man who has a piece of chalk and the wish to > see his child. --- jsglee3 at juno.com > WOW John: > Those are the same exact Psalms I use to read when I was going > through my custody battle. I still read them. I am also reminded > of our servant Job in the bible. Everything he went through and he > never cursed God. He was faithful. Thank you for reminding me of > how wonderful our God is. The Lord is my strength and my rock. I > don't know where I would be if it was not for Him, his love and > grace. The love of my heavenly Father is what has given me the > strength to continue living. Never lose your faith, is the only > thing we have that is real and true. We need to continue trusting > God and believe that everything that happens is for a reason. I > believe that the Lord is using you for this cause that is so > important. No one has the nerves to do what you do. Your strength > and dedication to fight for the right of children and family can > only come from God. God bless you brother. James --- Aarde V. Atheian > Despite that I am repelled by your religiosity as I am an Athean who > does not relate to any religion, I am both applauding and admiring > your persistence and perseverance in resisting this unspeakable > crimes against humanity that has been perpetrated by the Democratic > Party and its cohort groups of lawyers, bureaucrats and feminists > upon us. > It doesn't matter if we win at all. Our enemy is so evil and so > incontrovertibly mean that the mere struggle against it is justified > any time you do it. So it's always been a bravo from me to you. We > don't need worldly rewards for what we are doing. --- Bonnie Bridgette Vallance > Dear John, I can't make it and I am sorry. My heartfelt thanks goes > out to you for your efforts to raise the bar of credibility in > family courts above the level of spectral evidence that is currently > the status quo. My hopes are that accountability is also included > toward any fabricators. For example psychologists fabricate and > weave spectral stories to keep a parent from their own child. There > are too many people making a lot of money instituting misery on > children and one or more of their parents. This is what are taxes > are going to! Right know as you may know lawyers and other alleged > professionals are immune from prosecution in family court even if > they knowingly present false information to a judge so that a parent > can be kept from their child. These children are simply pawns in a > system that is broken and needs repair. It is my hope that your > efforts in behalf of these families and children are finally > completed. The parent that lies and forces there child to lie to > win payments from the "non custodial parent" are almost never > prosecuted for perjury. Parents or relatives that kidnap a child > when young and inflict Stockholm or parental alienation syndrome > should not be rewarded with custody as is the current practice in > many jurisdictions. Both parents should be given access based on age > appropriateness following the guidelines as put forth by > Dr. Brazelton in his Irreducible needs of the child. Contact and an > ongoing relationship should be encouraged and supported by the > system. Income level of a parent should not be used as a determining > factor in custody what should be is the amount of time and devotion > the parent is willing to expend in the care of the child. The system > is in dire need of immediate overhaul many families are being > damaged and many children are growing up with severe emotional > difficulties because of the set up. Supplementation to facilitate > relations with in the family needs to be instituted. Travel and > other vouchers need to be included. Cost of have a relationship with > your child should not be put upon a parent in a lower income bracket > to make it impossible to see their child. Parents being lied about > have reported being charged thousands to see there child and to pay > court appointed evaluators when they are unemployed some even within > weeks of giving birth for not apparent sound reason other than > speculative false information. The family court system is > instituting family crisis. If there is anything I can do let me > know. Unfortunately I have obligations and can't attend in > person. However I will be there in my heart. God Bless you and > thank you. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://kids-right.org/pipermail/newsletter/attachments/20080314/e525ff6c/attachment.html From jmurtari at AKidsRight.Org Wed Mar 19 15:00:00 2008 From: jmurtari at AKidsRight.Org (John Murtari) Date: Wed, 19 Mar 2008 15:00:00 -0400 Subject: Murtari Guilty - Chalking "SEN CLINTON HELP US!" Message-ID: <47E162B0.8030700@AKidsRight.Org> Good People & People of Faith, Just a brief update on the results of John Murtari's Federal Trial which was held yesterday, March 18th. He was found guilty on both charges and sentenced by U.S. Magistrate Judge David Peebles to a total of 55 days in jail and a $350 fine. Since he had been held in custody since Jan. 29th, he should be released on Friday morning, March 21st. John did make an impassioned plea to the Judge that any additional sentence not interfere with his son coming to visit him on March 22nd. John deeply appreciates all the letters many of you have written in support. There were no other parents present in the courtroom for the trial. A News Release was sent out and it's free for redistribution: http://www.AKidsRight.Org/clinton/release43.pdf. For more background on what's been happening, check the web site: http://www.AKidsRight.Org/clinton. -- John Murtari ______________________________________ Coordinator AKidsRight.Org jmurtari at AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/ From jmurtari at AKidsRight.org Sun Mar 23 11:23:49 2008 From: jmurtari at AKidsRight.org (John Murtari) Date: Sun, 23 Mar 2008 11:23:49 -0400 Subject: Happy Easter - What we need for Family Rights? Message-ID: <18406.30213.282272.566134@hammer.thebook.com> Good People and People of Faith, Our special greetings to all of you weren't able to go to a church service with your child. Who didn't have the opportunity to participate in an Easter Egg hunt! Who didn't have the chance to sit down and eat a load of chocolate with your little one. Why? Because a court order decided that was not in "your child's best interest." Imagine that! [I just got out of Jail Friday, after pleading for release Tuesday in Federal Court so I could see my son for Easter. It was gut-wrenching and made me feel like I was in Family Court again. No rights, never sure when you will see your child again... We are so fortunate to be together today! - John] Our most heartfelt greetings to those of you who didn't talk to your children today and didn't even get a card. Not because your child wasn't allowed to do it -- but because they DIDN'T WANT TO. THEY HATE YOU. More than anything, this should help us all understand the obscenity of a system that turns children away from parents! After Understanding / Action & Imagery -------------------------------------- Did the above paragraphs bother you? Make you angry? They should. How mad should you be, how disgraced and mistreated? Can you compare those paragraphs to the imagery of a Black person being told you had to drink out of a different water fountain, or sit in the back of a bus, or send your kids to a different school? How mad would that make you. It took a while, but there came a time when they were ready to sacrifice and risk arrest -- with the knowledge the Klan might even show up later and burn their homes down. Can you relate to that ..... yet? What's worse, sitting in the back of a bus -- or being told to take a back seat in the lives of your children? Don't we have it much, much worse? Do you really believe that? Would you go to a parent's rally if you knew it would cost you your home? Would you? What kind of Faith do you have that your sacrifice would matter? Before you can paint a picture and create imagery -- you've got to have a vision. Before others can see the image, it has to exist in your mind's eye first and then .... you have to act. Don't tell other people about it - show them. Good parents, average parents, and poor parents -- all EQUAL parents, protected from government by a jury of their peers. Before the Million Parent Marches, before the Huge Letter Writing campaigns will ever happen -- there have to be people with a vision who are willing to act when the risks are high.... and things are starting to happen. Jesus of Nazareth - a lesson in good imagery! --------------------------------------------- Easter is a good time to remember Jesus of Nazareth and PLEASE, we don't even need to talk about the Son of God here, or the resurrection. Just talk about the real 'historical' Cristos -- a man who had a vision of a human family and was willing to take great risks to make us see that vision. If you have thought about taking real 'action', you can appreciate the suffering and doubts of Jesus in the Garden of Gethsemane. Aren't my miracles and my preaching enough? Is my death really required? Is this the right time? Will anyone remember me? Can this 'cup' pass me by? Have I gone too far? Many of us remember the words from the cross right before his death, "My God, my God, why have you forsaken me?" But how many of us know those are the first words of the 22nd Psalm. One he would have known very well. It describes the roller coaster of human emotion, of our experience of the Divine (an excerpt from the entire text follows) Part of the message of Easter is that through our willingness to sacrifice wehave the POWER to bring about great change. No other resources are required, but Faith. The result is not certain and sacrifice is always painful, but when we sacrifice with love there is personal renewal, joy, and Resurrection! We could all use a little of that. Psalm 22 (New King James Version) My God, My God, why have You forsaken Me? Why are You so far from helping Me, And from the words of My groaning? O My God, I cry in the daytime, but You do not hear; And in the night season, and am not silent. But You are holy, Enthroned in the praises of Israel. Our fathers trusted in You; They trusted, and You delivered them. They cried to You, and were delivered; They trusted in You, and were not ashamed. But I am a worm, and no man; A reproach of men, and despised by the people. All those who see Me ridicule Me; They shoot out the lip, they shake the head, saying, "He trusted in the LORD, let Him rescue Him; Let Him deliver Him, since He delights in Him!" But You are He who took Me out of the womb; You made Me trust while on My mother's breasts. I was cast upon You from birth. From My mother's womb You have been My God. Be not far from Me, For trouble is near; For there is none to help. Many bulls have surrounded Me; Strong bulls of Bashan have encircled Me. They gape at Me with their mouths, Like a raging and roaring lion. I am poured out like water, And all My bones are out of joint; My heart is like wax; It has melted within Me. My strength is dried up like a potsherd, And My tongue clings to My jaws; You have brought Me to the dust of death. For dogs have surrounded Me; The congregation of the wicked has enclosed Me. They pierced My hands and My feet; I can count all My bones. They look and stare at Me. They divide My garments among them, And for My clothing they cast lots. But You, O LORD, do not be far from Me; O My Strength, hasten to help Me! Deliver Me from the sword, My precious life from the power of the dog. Save Me from the lion's mouth And from the horns of the wild oxen! You have answered Me.... -- John Murtari ____________________________________________________________________ Coordinator AKidsRight.Org jmurtari at AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/