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involved. This will get me and Custer County some national exposure. In a month or so I plan to put out petitions for the people of Miles City to sign then present them to the Governor and Attorney General, both of whom have sworn to uphold the state constitution.
I have a letter from President Harry Truman in which he writes `please accept the heartfelt thanks from a grateful nation ..." I have decided to finally answer the President's letter. "Dear President Truman: I am about 60 years late in telling you that you and the nation are very welcome and I was glad to be able to help out. However, recent events such as I can be falsely charged with committing a crime, then denied an opportunity to have a trial by jury; then found guilty without benefit of a trial and false information inserted into my public records. If this is allowed to take place under our Constitution I am having some doubts if it was worth defending. However, I have every faith, in the power of the people to restore my belief that it really was worth the effort. Very respectfully yours, Richard W. Hay. P.S. I'm no longer angry with you for extending my enlistment one year."
Last year when I was working at M&H at lady came up to the other clerk on duty and told him she had seen a customer in the rear of the store putting cans of beer in his pockets. As the man with the beer was about to leave the store the clerk went to intercept him and at the same time a police officer was coming into the store. After alerting the police officer as to what was going on he stopped the suspect and had him empty his pockets. Sure enough there were four cans of beer in his pockets that he had not paid for. The police officer then told us that we could file a complaint if we wanted to, but it would do no good. The reason, he said, was that this person didn't have any money to pay a fine and they had locked him up in jail before and he fakes heart attacks, and has to be taken to the emergency room at the hospital, so the court and police department have told the officers to not arrest him and put him in jail. The officer was giving us this bit of information while all the time the man was standing next to him. However, the court can bring charges against me for committing a crime on a day I wasn't even working at the store, then refuse to drop the charges in an honorable fashion, and admit they made a mistake. Then believe that two people could drink 36 cans of beer in two and a half hours. Of course, the court probably believes that I have some money to either pay a fine or "talk nice to the judge." This is how "ju$tice" is defined in Miles City.
Now what can be done to erase the false record since the courts seem to be unwilling to let a jury render a judgment? The City Council can tell Mr. Noble to send a motion to the City Judge telling him that false information was used in the previous motion and asking to have the case re-opened. The Judge then sends me a copy of the Motion to Re-open the Case. If I agree to have the case reopened that will give the court the right to set a date to hear BOTH sides and issue a ruling either to vacate the provisions of the previous trial or let it stand, after hearing evidence from BOTH sides related to the case. The Council also has the authority to ask the state Justice Department to come in if Mr. Noble refuses to file a motion, or they can hire another attorney to do their bidding.
However, since the City has already spent $3,750.00 of our tax dollars in legal fees (which could have been saved if they had only told Mr. Noble to take the false information off my record) to make sure that the false information not be removed from my record, it can only happen if enough citizens put pressure on them and insist that it be done and that is the reason I am mass mailing this information in Miles City. If you wish to register your opinion you can attend the Council meetings and appear at the beginning of the meeting when they have the "concerns of citizens" You do not have to be a registered voter, real estate taxpayer, or be of any certain age to appear before the City Council. The council meets on the 2" and 4th Tuesday of each month at 7 p.m.. in the City Hall. You can also write the Mayor at P.O. Box 910, Miles City, MT 59301. You can also write or call your councilperson to express your concern. They are: Mark Ahner, 234-0302; Mary Quintus, 234-7359; Jerry Partridge, 234-0321; John Uden, 234-1995; LeRoy Meidinger 234- 5373; Doug Leidholt, 234-4116; and Bill Melnik, 234-5396; Mayor Joe Whalen, 232-7901.
To summarize what took place here it is: I was accused of selling alcohol to a minor on May 4, a day I was not working. The two children drank 36 cans of beer in less than two and one half hours; the police officer did not notify the manager of the business, or conduct an investigation; nor ask to see the surveillance tapes or the journal tape from the cash register and did not conduct a sobriety test; then all charges were dropped against Ryan Powell on May 8, then he entered a plea of guilty to the dropped charges on June 30. I was denied a trial by jury but somehow found guilty and given an incentive to not commit more crimes. Also I was never given a copy of page 2 of the police report. or a copy of the written agreement Mr. Noble had with Ryan Powell. If none of this makes sense to you, I am asking for your help to have the false information removed from my record.
This whole thing smells worse than a two-day old road killed skunk.
I only hope that some of my constitutional rights will be restored by the courts so I will be allowed to fly the flag and be given
a flag to cover my coffin and be buried in the Veterans Cemetery with my wife but I'm not so sure, after finding out that I am
not citizen enough to be given my constitutional rights to a trial by ajury of my peers. And I hope I can still be called Dick
Hay, American. Thank you for the time you have taken to read this and any help you can provide to restore my record you
will receive my heartfelt thanks.
All of the costs in printing and mailing the pamphlet have been paid for by Dick Hay, 316 South Custer, Miles City, MT 59301.