What an outstanding letter to the public. I feel the information is something that the we as residents of Miles City need to hear. Jeffery Noble appears to be hard headed about the situation. Rather than do his civic duty he chose to nothing to correct the problem. I hope Dick can get this deal taken care of and restore his good name. I would like to see all of his legal fees reimbersed. This appears to be something very serious, for Dick to put this much time into. This is absolutely no way to treat our Vets and the REAL PUBLIC SERVANTS LIKE DICK HAY not the so called public servants jeffery noble.

Craig Miller

what's this all about?

Unfortunetly, things like this go on in MC all the time. Mr. Hay just has the guts to stand up to "the man". I also think that Dick should be reimbursed for his legal fees, and his name cleared of all this pathetic mess. Or, at least, let him have his day in court. I also believe that charges of harrasment and/or slander should be brought upon the ignorant fools who brought it this far.

[This message has been edited by K. D. (edited 1/24/2007).]

Well said....What the hell has Dick ever done to anyone but be pleasant....Everyone is right he needs to be reimbursed for legal fees and have his name cleared..What a damn mess..How do these high powered high paid so called Justice people sleep at night. They need to put themselves in that position..If so it would have never gotten this far. Great letter Dick it has opened many eyes around you..Stand up for who you are..I'm behind you all the way..YOU ARE A GREAT MAN I'VE KNOWN YOU AND YOUR FAMILY SINCE THE 60'S
DON'T BACK DOWN

Is this some sort of community performance art project?

What the hell.

I think Dick Hay should have his legal fees reimbursed and his absolutly AWESOME name cleared of any wrongdoing...I too have been behind Dick for a long time and think that whoever is doing this to him is teh gay...and probably a communist as well...I think we should build a statue of Dick standing ERECT and PROUD on the front lawn of the Courthouse, right where they used to keep the 10 commandments before the atheists made us take them down....ILLEGITIMI NON CARBORUNDUM...SIC TEMPER TYRANNUS...ROMANES EUNT DOMUS...ETC...ETC...ETC...

[This message has been edited by Bridgier (edited 1/25/2007).]

I'm with stink bait in that I have no idea what you people are talking about. Maybe a little background would be helpful?

[This message has been edited by Levi Forman (edited 1/25/2007).]

A mailing went out to almost everyone in Miles City the other day about this story. Maybe someone can scan it into a posting???

Dick is a real nice guy and this is very unfortunate. The people who can right this wrong should. Everyone is innocent until proven guilty and this man would above never lie. I think that you should pursue the lawsuit.Defamation of character.

What is going on with Dick, please inform us. Dick was my scout master for years as well as my boss at the Star job print dept. I can not think of a better man I know with the exception of my own father.

I can not imagine anything in Dick's past or present that he should need to defend himself from. Please clarify what you are in reference to.

Has whatever you're referring to been printed in the paper or is this just a lot of small town gossip going around?

Dick wrote a letter 7 pages long, and then mailed it out the residents of Miles City. If I knew how to scan it and put it on here I sure would. If anyone can help I will sure try.

I presume this is the same Dick Hay that owned H&T Printing a few years back? Yeah, if anyone could scan or otherwise post the letter, I'd be interested to know what this is about.

Maybe someone who knows him could call him up and point him here? It would certainly be easier for him to cut and paste his letter than it would to get it scanned, and he is clearly willing to go to great lengths to get the word out on whatever this letter is about.

It wouldn't be that hard to scan. I can scan it if you'd like (assuming my wife didn't throw it away)

Sorry for any misspellings... I don't have good ocr software, and it really doesn't like the font. Also sorry, because this will be long.

Page 1: (Letter Title) "Ignorance Gone to Seed"

My name is Dick Hay and I live at 316 South Custer in Miles City (where I have lived since 1960) and having been refused my constitutional rights to have a trial by a jury of my peers in two different courts in Custer Connty, I am sending this mailing to all the citizens of Miles City for their information and hopefully they will be able to exert some influence through their opinion either at the City Council meetings, by contacting the mayor's office either by phone or writing, or by contacting your councilperson. You can also go online at www.MilesCity.com and leave a message.
Here is the story of the events that has led up to the city prosecutor, Mr. Noble, inserting knowingly false information into the public record and causing my reputation and standing in the community to be slandered. I would like to have you read it, then discuss it with your friends and neighbors and if you have any questions you can call me at 234-2192. In this way I am asking all the citizens of Miles City to act as a jury of my peers and let your voices be heard. I appreciate you taking time to read it and form your own opinion.
My family moved to Miles City in 1959 from idaho after I had taken ajob at the Miles Cit3 Star as production foreman. 1 worked for Star Printing Co. in various jobs until 1970 when a partner and I and a friendly banker purchased the For.s'yth Independent. `Ihat same year we started a commercial printing firm in Miles City known as H&T Quality Printing, where we printed 11 various publications in the area and also handled all types of commercial printing. The company is still iii business. Later we started a newspaper in Colstrip under the name Rosebud County Press. Then we purchased an apartment house and also were involved in a cattle venture in which we purchased sonic full blood and purebred registered cattle. In the 1980's we sold the newspapers to a group in Forsyth and in 1992 we sold the printing plant and the apartment house, and retired. We have also owned our home at 316 South Custer since 1960.
In the fall of 1993 1 went to work on a part-time basis at the M&lI Convenience Store here in Miles City. I was to be available to work when someone needed time off or called in sick. I also took a job at the elementary schools to serve the students their lunch at noon. At the present time I am still working at M&H and also serving meals at Highland Park school.
On May 7, 2004, I was working at M&H when about 7:30 p.m. I received a phone call from a person who claimed to be Mr. Noble, the city attorney, informing me that they were conducting an investigation and wanted to know if it would be alright if he and a police officer came to the store to talk to me and ask some questions. I told them it would be fine if they came down as two clerks were on duty at that time. Over an hour later a uniformed officer with a name tag of Murnin on his uniform came to the store alone and said he was going off duty soon and wanted to know if he could make an appointment to talk with me the next evening. I told him I was scheduled to work from II p.m. to 7 a.m. the next day, but there would be two clerks working from II p.m. to midnight. I asked hini if there was anything I needed to do some research on for the investigation. He said he didn't think so as he was just doing an investigation and needed to ask me some questions. He asked roe if I had been working on May 3 and I told him I had worked until midnight that night.
About 11:15 on May 8 he returned to the store for the appointment. I told him we could sit at the lunch counter and I would be glad to give him any information he needed. He said he would sooner we went outside to his car. After we got to his car I asked him exactly what the investigation was about and at that time he told me that he had a complaint against me for "unlawful transactions with children." I asked him why he didn't tell me that yesterday and I would have brought my tape recorder to the meeting to record our conversation. lie told me that he had his tape recorder and would record the interview. I told him I would sooner have my own recorder so no editing can be done and mistakes made in transcribing the recording. I also asked him who the child was supposed to be and he told me he didn't think he was allowed to tell me that. I told him that at some point he would have to tell me, and if he wanted me to answer questions I expected the same from him.
I-Ic then proceeded to ask me for personal information, i.e., name, address, age and social security number. He then read me my rights and I told him that I wished to have an attorney present before I answered any more questions; that seemed to end the investigation, as I have not seen nor heard froni Officer Mumin regarding this case since that time. The police department has never contacted me to set a time to conduct an interview with an attomey present. They also have never asked to view the surveillance cameras or check the cash register journal tape which records all sales, including time, date, type of merchandise, clerk's name and method of payment. No one from the police department ever contacted the manager of M&H, as they have always done in the past, so that an incident report would be filed with the home office, and to see if anyone answering the accuser's description was even in the store. Also all violations involving liquor sales must be reported to the state since they have control of issuing licenses to sell alcohol and keep records on all violations and if it occurs too often they can revoke the business's license. This one was also never reported to the state.

Page 2: (Italics in places really messed some stuff up)

On Thursday, June 3. 2004,1 received a letter from Kenneth W. Horn containing a summons. The summons says: ". . . appear before this court on or before Tuesday, the 8th day of June I received the notice on Thursday. June 3. and came to the court on that afternoon at about 1:30 p.m. and at that time I was told that I HAD TO COME. IN ON TUESDAY. I told the clerk that I didn't understand why they said! could come in ON OR BEFORE if! had to come on a certain day. At this time my wife was in a fight with her fifth bout of cancer and we had a medical appoiutment in Billings on that same day. The clerk did reschedule the date for June 15. The summons also said that: Failure to respond to this notice may be cause of the issuance of a Warrant for your arrest." The complain was signed by Mr. Noble and says that". . on or about the 4th day of May, 2004, in Miles City, Montana, the above-named defendant Richard W. Hay did commit the following offense: Unlawful transactions with Children."
In the end he only introduced one offense with one child. Simple English would dictate it should read: "An unlanfu! Transac Hon with a child. "Of course, his choice of words gives one the impression it is widespread and happens on a regular basis and involves many children.
All of this seems to have been impossible for me to do since the last recorded transaction for me was at 11:47 p.m. on May 3 and was for a package of cigarettes. At no time even on May 3 did the journal tape show the sale of two 18 packs of Bush light beer which Mr. Noble claims was purchased by the "victim." That's right - in the police report the child that was arrested with the beer is now being referred to as a "victim." And of course, I am listed as the criminal. Sometimes I think if you take stupid pills some of these things might make sense.
I did not work again until May 7. I did not work on May 4. There has never been any proof that the person from Biddle, Ryan Powell, was even in the store. The only thing Mr. Noble hinged his ease on was that Ryan Powell (old the police officer that he purchased the beer from a "gray haired man" in M&H. And since I did not work on May 4 a person would think this should be simple to straighten out, but we are in Miles City, Montana. We might offer a hit of information here that Ryan Powell has a Riddle, Montana, address, which is a few miles from Broadus, Montana, where Mt Noble has a law fimt According to the police report Mr. Noble offered a written agreement to Ryan Powell to drop all the charges against him if he would tell where he purchased the beer. It makes one wonder if Powell were to seek legal advice in order to avoid having anything entered in his record, which would raise his insurance, etc., where would he go? I asked for a copy of this "written agreement" during the pre-trial conference and was never given a copy. The only "written agreements" I have had with attorneys is when I hire them to represent me.
The whole summons is full of misinformation, which I assumed could be cleared up if! went to court to talk to Judge Horn. Don't ever believe that people in these positions want to use logic or common sense. I went to the courtroom and there are signs all over saying the audio system are used and all proceedings are videoed. So I took my tape recorder to record the proceedings .Judge Hom told me that he does not allow tape recorders in his courtroom. `fhis is strange that one person can record but other people cannot. He also could not give any statute authority disallowing tape recorders. I don't know why I can't record the same thing that he is recording and what 1 am saying, of course, if tapes are ever edited then the two wouldn't match. Also it is a TRUE record of what everyone says.
I told Judge Hom that I couldn't have possibly done what I was accused of because I wasn't working on May 4. His reply was that he wasn't there to try the case but for me to enter a plea. At this point a simple phone call to the manager of M&lI would have confirmed that I did not work on May 4, but then we wouldn't have all the legal gibberish that they love to toss around. So, in order to play their childish games I entered a plea of "not guilty" and requested a trial by jury. I was then given a notice that a pre-trial conference would be held on August 11 at 11 a.m. I later requested by certified mail that I be allowed to tape record the proceedings or have the court cite statutory authority for not allowing it. I also requested that Mayor Butch Grenz be allowed to attend the proceedings. I did not receive any information from the court regarding denying my request on these two mailers.
On July 24 I received a letter from the Noble Law firm in Broadus containing a wad of papers. They were full of acronyms, codes and unintelligible items. One of the documents is where they begin to refer to Ryan Powell as the "victim." The cover page says that the M.C.P.D. Incident Report contains five pages. The "Narrative" portion of the report has a beginning page (Page 1) and the next page is numbered "Page 3." It also contains many places where words have been covered over with a black marker and is completely missing Page 2. To date I have made 17 requests for copies of Page 2 and a copy of the "written agreement" between Mr. Noble and Ryan Powell, and each time I am assured they will be supplied. To date I have never been able to see them. I have made the requests, both written and oral, through Mt Noble, the Miles City court, the City Council, the attorney representing Miles City and even my own attorney. They have all promised they will be delivered, but I am still waiting. I would like to see what Page 2 says that no one wants me to see. This will be request No. 18 for the secret documents.
Much of the information states events and times as "on or about." On or about leaves lot of room to make the evidence fit the predetemiined outcome of a trial. At one point they list the time as 0000 hours. At the hearing I asked what time this represented. I was told that it is military time for midnight. llaving spent five years, three months and 23 days in the 11.5. Anny infantry I was surprised I had never heard this. We always referred to midnight as 2400 hours. Even when we were required to log radio messages at "Mean Time" I never heard of 0000 hours. I figured they used this figure so they could again adjust the evidence to reach the desired outcome in a trial.
2

Page 3:

At the pre-trial conference on August 11, I explained to Judge Horn and Mr. Noble the procedure followed at M&H in working the shifts. I told them I had worked the 5 p.m. to midnight (2400) shift on May 3. The graveyard shift worker came to work about 11:45 and at that time I transferred all the coins from my till to the till he was going to operate and dropped all the currency in the floor safe and closed the till I had been operating then I can complete tabulating the results of my shift. The last sale from the till I was operating was at 11:47 for a package of cigarettes. This till will not be used again until 7 am. and will not have any money in it until after 5 am. And since I did not work on May 4 it would have been impossible to sell ANYTHING on the day they claim the crime was committed. The store also had nine surveillance cameras in place from which it is very easy to determine who comes into the store. The cameras also have the time and date built into the system. The police have used these cameras on several difference occasions that I am aware of but no one from the police department ever even notified the manager what was going on. The cash register also has a journal tape that shows all the activities related to a sale. The officer had asked me if I had worked on May 3 and I told him I had. All the complaint information then uses the date of May 4. I DID NOT WORK ON MAY 4. The surveillance tapes and cash register tapes would both show that I never sold two 18-packs of Bush Light at the same time even on the shift that I worked on May 3.
At the hearing I inquired how many cans of beer had been confiscated as evidence, as I wanted to see if the beer really came from M&H because, if it did, it would have a little white number on the side of the container. When I told them this they then informed me that no beer had been confiscated to be used as evidence. In other words, they do not have any evidence that the "victim" ever had any beer. Mr. Noble claimed the "victim" purchased two 18-packages of Bush Light at 0000 hours and the officer made the arrest 2:30 a.m. He could not even tell me what the two "victims" were originally charged with. When I asked if a DUI citation had been issued I was told that no sobriety tests had been given to the two people.
So now if you want this next paragraph to make sense you can drink about half a fifth of Jim Beam or take a stupid pill. A person from Biddle (next to where the Noble Law firm is located) claims he came to M&H on May 4 and purchased two 18-packs of beer, and less than two and one half hours later they were arrested and none of the beer was left for evidence. That means in a space of two and a half hours two people drank 36 cans of beer (l8x2) and the police officer didn't think it was necessary to conduct a sobriety test? They also claim to have purchased the beer from a clerk who wasn't even working on May 4. However, Mr. Noble says that Ryan Powell is very adamant and very believable. (He forgot to mention maybe a few other things, like maybe Ryan Powell was trying to lie his way out of a situation so he wouldn't have to face any punishment. Sometimes children will do this after they are caught).
After hearing this information Judge Horn (after a conference with Mr. Noble, from which I was excluded) set a date of December 13 at 9 a.m. for a jury trial. I believe these people either take stupid pills or never listen to a word that was said. At this time Judge Horn proceeded to give me a lecture on how important it was that I honor this date and time as the court goes through a lot of work to get to that point. I told him that I welcomed a trial by a jury of my peers and I certainly would be there, however I thought it was a waste of their time when all they had to do was call the manager at M&H and ask if I was working on May 4. I also told him that I would nail Mr. Noble's hide to the barn door if the trial were to be held.
During this time my wife of 56 years was diagnosed with cancer for the fifth time, so it was necessary that she keep doctor's appointments and taking chemo and radiation and needing special medical care. She was in and out of the hospital several times. Then in September she broke her hip. I had her at home taking care of her and later she had a tube put in her stomach so I could give her medicine and food. In addition to costs of between $400.00 and $500.00 a month in prescription drugs and other medications we were attending medical appointments in Miles City and Billings. I certainly didn't need this harassment from the Miles City court system, but was looking forward to the jury trial in December that would clear my name and reputation and show the court it is impossible to conmit a crime if you are not present at the time and place they say the crime took place.
On October 22, 2004, I received a letter from Judge Horn. In the envelope, stapled together, was a "Motion to Dismiss Charge" signed by Mr. Noble and dated October 20. In the order Mr. Noble says: `The City is concerned that there might not be enough evidence in this case available at this time to ensure a conviction. In addition, f this charge is dismissed without prejudice, it can be refilled in the future (fnecessaiy, which shall provide the Defendant with an incentive to not commit any further violations of law. The other document is an "Order to Dismiss" signed by Kenneth W. Horn and dated October 21 (the next day). The two documents are stapled together and mailed in the same envelope. Now most competent courts operate in this fashion: if they receive a motion from one party, in order to be fair, they send a copy of the motion to the other party for their information and to allow them to object to the motion if they wish. Then the court sets a date and holds a hearing on the motion with both sides present. Of course, we are in Miles City, Montana, where the "big dogs" make the rules and the pack is supposed to fall in line. By doing it their way it also eliminates anyone presenting any facts that would just confuse the issue and Mr. Noble has already made the determination that I am guilty and need an incentive to not "commit further violations of law."

Page 4:

Also Mr. Noble says there might not be enough evidence ..." he doesn't have ANY evidence as I was not even working on May 4. Evidently a trial must have been held without me there and Judge Horn and Mr. Noble found me guilty because I have never had a previous violation of the law and this is the ONLY crime I have been charged with. so how could I commit am further violations of law until I am guilty of committing a crime. Why does Mr. Noble and Judge Horn feel I need an incentive to keep from embarking on a crime spree? I am sure a competent jurist would have asked questions concerning my past criminal record before issuing the Order to Dismiss and be satisfied that I had committed past crimes and was a person in need of watching. Since I wasn't at the trial I have no way of knowing what information Mr. Noble presented to the court at the hearing. So, in essence, I was tried, found guilty and given a parole as a sentence, without having the benefit of a legal trial and an opportunity to face my accuser as provided citizens in the constitution.
On October 27 I filed an Objection to the Order to Dismiss by certified mail with both the court and Mr. Noble. I pointed out to the court that the statements made were without any basis of fact and are false and malicious and requested a hearing be held. On November 23 I had not heard from the court regarding my motion so I sent a Request for a Ruling on Motion. I also sent these by registered mail. All the cards were returned showing both the court and Mr. Noble received the documents. I still did not receive any ruling on my motion, so I assumed the case was still open since no ruling is given.
Believing the case is still open and after the stern lecture I had received from Judge Horn in August, regarding being punctual so as not to cause him any undue work, I showed up at the court on December 13, 2004, at 8:45. 1 infomwd the clerk that I was there for the trial and she told me the case had been closed. I said I didn't believe a case could be closed with a motion pending before the court. She said the case was closed before they received my motion. Now is a good time to take another stupid pill to understand this:
I was supposed to object to a motion before I received it in the mail in order to have my motion there before the judge closed the case. How can a person do this? After I left, Sandra Hafla sent a FAX to Mr. Noble in Broadus detailing what was in my motions that had been filed in October and November. She also told me the judge wouldn't be in until the next day, so I told her I would be back. It's odd that they can act so quickly on this, but I can't get a ruling on a motion in two months.
I showed up the next day to get a ruling. Mr. Noble was in the office and I asked him why he felt it necessary to have the case dismissed in the manner he did and why not just dismiss the case and not add any untrue statements on the motion as it was impossible for me to do anything wrong when I wasn't even working. He said that it could be outright dismissed if"vou i'ould talk nice to the judge." I took this to mean that they expected me to pay a bribe to have the record changed. At this point I said: "I don't beg from anyone." If the ruling can be changed by leaving some money on the bench, it can also be changed without paying the fee. Besides I am an American citizen and shouldn't have to beg public officials or pay a bribe for my constitutional rights. This is third world country type of justice and has no place in Montana.
After Mr. Noble left and I was allowed to talk to Judge Hom I told him again that I couldn't have done anything wrong as I DID NOT work on May 4. 1 also told him that the police did not even bother to check the surveillance cameras or talk to the manager. He remarked that: "it looks like a case of sloppy police work to me." I asked him if I could have a ruling on my two motions that I filed in October and November as I believed I should be entitled to the courtesy of a ruling. He said that they were terribly busy but to check back the next day.
The next day I returned and they must have re-opened the case because after two months they have ruled on my motions. Of course, since I hadn't talked nice the ruling was that he was going to dismiss the charge without prejudice to allow the City to refile said charge f additional evidence is later obtained that will allow the trial to be held. I guess he expects us to turn back time and have me work a shift on May 4, 2004. 1 still can't understand what part of I was not working on May 4 that these supposedly intelligent people can't understand. All it would take is a simple phone call to the manager at M&H, but then the outcome wouldn't match the predetermined results. Also Mr. Noble could explain why he felt I needed an "incentive" to not "commit further violations of the law."
Since Mr. Noble is employed by the city council, I attended a council meeting in January 2005 to seek some answers to how a citizen could be falsely accused, then found guilty without a trial, and given "an incentive" to not commit "more violations of the law in the future." I posed several questions to the council and since the wife's health had taken a turn for the worse I told them I would be back in February for their answer. At this time I also made a request for a copy of the missing page 2 of the police report and a copy of the written agreement between Mr. Noble and Ryan Powell. The Miles City Star covered my appearance at the council with a story and also posed the questions I had asked. Instead of the Council turning the problem over to a conmittee to seek the answers, Mr. Noble wrote a letter to the editor of the Star and it raised more questions than it answered.
I answered Mr. Noble's letter and one of the strange things he claims happened will require a person to take another stupid pill. I stated that Ryan Powell, who was supposedly caught with the beer, although none was ever produced as evidence, had the charges dropped on May 5. That information was contained in the police report. That Mr. Noble had a written agreement with Ryan Powell to drop all charges if he would tell where he purchased the beer. Now Mr. Noble says that Ryan Powell entered a guilty plea to the

Page 5:

charge on June 30 and paid a fine of $260.00. I can't understand if the charges had been dropped in May what in world would a person plead guilty to in June? There wouldn't have been any charges on the docket if they had been dropped. Maybe this is how you talk nice to the judge. And again, you are in Miles City, Montana, where things don't have to be done according to law. He also says that I had not been found guilty of anything, yet in his Motion of Dismissal he refers to `. . . an incentive to not commit any further violations of law." So, in order to commit FURTHER violations I would have had to commit PAST violations. The only charge I have ever had filed against me is the false one Mr. Noble filed, so at some point I must have been found guilty in some manner.
After receiving no help from the Council I decided I would seek legal council and take it to another venue. My wife was requiring more skilful nursing care so I put her in the hospital. She then passed away in the middle of February so I had other matters to take care of. In April 2005 I met with an attorney and he contacted Mr. Noble and asked that the false infomation be. removed from my record. Mr. Noble told him no way would he EVER remove anything from Dick Hay's record. After that I told the attorney to go ahead and file a lawsuit in district court to have the false information removed from my public record.
Before I go into the lawsuit in district court and the results and comments I am going to fill you in on some personal information so you can maybe help me determine why I should have my status as a United States citizen reduced to "citizen 2d class" and not entitled to a trial by a jury of my peers and a chance to face my accuser. I think over the years I must have attended at least 50 commencement exercises (both as a relative and as a reporter) and if anyone connected to the justice or political system is the speaker they also extol the fact that what makes the country's judicial system so superior over other countries is the fact you can be tried by a jury of your peers if you request it. It's all hot air, because the people who don't want a jury deciding the issue seem to be the attorneys and the judges.
Anyway I was born in Coburg, Montana, (this makes me both a U.S. citizen and a Montana native); I attended elementary school in a country schoolhouse in Savoy and went to high school in Harlem. I enlisted in the U.S. Army and served in the Pacific and Japan. After army duty I went to work for the Post-Register in Idaho Falls. The best thing in my life then happened as Tab and I were married in Idaho Falls. In 1950 the Korean Conflict began the end of June and I was recalled to active duty in August for a period of 21 months. My enlistment in the reserves would expire before that time so they extended my enlistment for a year (we referred to it as my "Truman year"). During the time I was in the service I moved Tab and Rick to Harlem, Montana, to be near relatives and in case I didn't come back. After I was released from active duty we lived in Idaho until 1959 when we moved to Miles City to be closer to our relatives. Since we have lived among you folks we have raised our family here and our children attended the schools and took part in all the activities. I was a Cub master and Scoutmaster for 20 years. I was also a Little League coach and umpire for many years. Belonged to service clubs, owned property, paid taxes, met payrolls, served on committees and governing boards for various clubs and organizations, etc. My family was never involved in anything unlawful. Tab and I each had one traffic violation (not counting the $5.00 highway tickets). All the children served as acolytes in the church; both boys have their God and Country award in scouting. One earned his Eagle badge and the other had his Life badge. Tab was also active in the Girl Scout program. Both Tab and I have also served on jury duty at different times.
While working at M&H I have passed every "sting" operation (this is when the police send someone in to break the law and if the clerk doesn't stop them they will be fired and fined) in the past 13 years. If my supervisor had been allowed to testify at a trial by jury she would have told the jury that I ID. on a strict basis.
Second Attempt to Clear the Record
After several months of attorneys doing research a lawsuit was filed in the Sixteenth District Court in Custer County naming Barney Mum in of the police department, the City of Miles City, Jeffrey Noble, as the city attorney, and Lisa Power as department head of the police department. In the lawsuit I asked for the court to Remove the False Information from my record; reimburse me for my legal expenses; place an ad in the local newspaper with an apology and if the conditions were refused I be granted a Jury Trial. The lawsuit was filed in December 2005. After that we must have put a lot of people to work cutting down trees and making paper to be used to resolve this matter.
During the next several months we dealt with various types of filling out papers, depositions, briefs, etc. It has always mystified me that we people in Montana are so stupid that we must always reach out to other states whenever we are filling jobs, especially in the University higher ups, and state government jobs and in the court system quoting how some other judge in some other state ruled in a case. It is like other judges outside Montana couldn't possibly be wrong. I have decided that we Montana citizens just don't know what is good for us. There were pages and pages of telling how someone else ruled in a different state under that state's laws, which seems to have a great bearing on my case. Even at one point it is told that the police in Los Angeles applied a chokehold on a citizen and since they have promised not to do it again is a reason to deny a person in Miles City, Montana, their constitutional rights to a jury trial. After much of this a hearing was set for September 28, 2006 at which time Judge Day was to make a decision whether I have the constitutional right to be granted a trial by a jury of my peers.

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After another telephone conference meeting in October, from which I was excluded. just between lawyers and the judge, Judge Day issued his order and a Memorandum attempting to explain why I am riot entitled to a trial by a jury. lie has decided that thc jury would rule against me. I don't know how he knows this until it is tried. He also acknowledges that the disagreement is in the false statement Mr. Noble wrote in his Motion to Dismiss in which he alleges that I have a past criminal record. Mr. Noble even admitted that he knows of no past criminal record on my part. I would think this would he enough for a court to he concerned about when it readily admits that Mr. Noble has inserted false information into thc public record of a citizen. In other words Mr. Noble is telling a lie and in a court I always thought the Judge wanted to hear "only the truth and nothing hut the truth.
The court also recognizes the fact that I was not seeking money damages under any of the counts, instead that I wished to have the knowingly false and untrue information removed from a public record. However, again, this is not reason enough to grant me a trial by ajury to straighten out the matter. Judge Day also noted that the statute of limitations had expired and therefore Mr. Noble could not re-file the charges. However, he fails to take note that all of this information is contained in a public record. which. exists somewhere forever and casts a shadow of doubt on my reputation.
He then went on to say: "The Court fürt her concluded that even U" case or contivvelsr had been demonstrated, the' equitable injunctive relief/he plaint iff was seeking was unavailable absent a showing of irreparable intin a reqinrement their cannot be met where there is no showing of any real or immediate threat lb at the plaintiff will he wronged again - a likelihood of substantial and immediate irreparable injury" Id.. at ill (citation omitted.). In other words, it is all right to smear one's character and lie about them as along as that person can't show that it will be done again. I never claimed to be able to see into the future and I would think the Court would be more interested in what happened in the past. And, again. I would think the fact that the past information is FALSE would be enough reason for the court to be concerned.
Since Iwas never allowed my constitutional riglitto tell Judge Day or a jury ofiny peers how I was harmed I will explain it here: At thc time the false charges were filed I was trying to care for my wife, who was sick with cancer. gettitig her to medical appointments, etc., then when [informed the court that I was riot working on May 4. they continued to use this as a form of intimidation and harassment, by refusing to dismiss the case entirely. I have spent over S 12,000 in legal fees trying to get the false information, placed there by Mr. Noble, removed from the records. When I was asked to do a TV audition for the "American ln\ entor" show I had to fill out a personal history questionnaire. One of the questions was regarding being charged with a crime, or being arrested. It was embarrassing and humiliating to have to say I had been charged with a crime against children. This iiiake me look like sonic kind of pervert. Also it puts my job with the school district at Highland Park school (which I look forward to doing each school day and love doing it because I believe I learn something from the children each day) very much in doubt as a person who has a suspicious record around children shouldn't be allowed to he workitig in the schools. I plan to quit the job rather than put my friends in the position of having to fire me.
One has to wonder how Judge Day would react to the situation if Mr. Noble were to insert false infonnation about him, accusing him of committing crimes and a need for an ittcentive to control him, into the public record. I guess my status as a citizen is lower than his, and [should accept anything the courts want to say about me.
As for hirure harm with false information in your records, here are some things to take into consideration. The credit reporting companies gather much of their information on a person from the public records, such as court records, as is widely known. This information is then used by the insurance and lending agencies to determine your premiurir rates and loan rates. I have also been asked to audition for the "American Inventor" television show again in February and will undoubtedly he asked the question again regarding arrests and will have to be embarrassed and humiliated. [may also decide to run for mayor or council and I am sure with this on my record any opponent would he glad to bring it up even though I have never done anything wrong. Also the fact that the information Mr. Noble put into my record is FALSE.
My opinion of the situation is that the court does not feel that a jury made up of Custer County residents is capable or smart enough to listen as both sides present their facts, then render their opinion as to whether or not the false information should be removed from the court records. In other words the court is afraid the jury would offer a verdict opposite of how the court thinks. Also according to the court since there is no ``real or immediate threat that the plaintiff will he wronged again I'm not worried about AGAIN; I'm concerned about the false information in the past. The Judge. by not allowing ajury to rule, cannot but IIEI.IEVE that by leaving the false information in my record nothing will happen. If he orders the record corrected and the false infnmrntion removed I can GUARANTEE it will not cause any future problems. Also I'm sure that the fact Custer County would have to spend some money to conduct a jury trial would be a factor in reaching his decision to not allow a jury trial.
After the court refused to allow me to present a case I was told I could appeal their decision to the state supreme court. This is not only very expensive but I doubt if I would live long enough to see it come to trial, and the end result would be which side found the best decision made by another state jurist and pages and pages of legal gibberish. When you are pushing eighty years you even hesitate about buying green bananas. So, I have dectded it will be less expensive and quicker to take my case to the people of Custer County. I am also hoping to get the case on the Bill O'Reilly TV show, the Derry Brownfield radio show and also try to get the ACLU.


[This message has been edited by Rick Kuchynka (edited 1/25/2007).]

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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.

I don't know if it was sent to every residence in Miles City, but the way it was addressed (Resident: ) made me think it probably was.

I'm guessing the kid probably blamed Dick to protect his usual beer source. I'm sure this isn't the first time that sort of thing's happened. Everyone knows the "Gray Haired" guy at M&H.

Wow, looking back, that was a long letter. It almost looks like the last time me and Reed got into it

[This message has been edited by Rick Kuchynka (edited 1/25/2007).]

It's good to know the 4 star general of the 101st Keyboard division is still alive an well, (except for the carpel tunnel you probably now have)

Thanks for posting!

[This message has been edited by Richard Bonine, Jr (edited 1/25/2007).]

Damn, Richard, I thought you had more computer savvy than that...of course Rick didn't type that, he scanned it like he said in the beginning.

That was a long letter. Poor old guy. It is a load of manure that a teenager buying Busch Light at the M&H is a "victim"...more like hero to all his buddies.

If only they would go after meth heads with this kind of zeal.

I'd be willing to bet that my pizza delivery guy has more formal education and training then half the government workers in Miles City.

Does the Mayor know about this? He always struck me as being a common sense kind of guy who got things done.

On one hand I feel for this guy but that is certainly an awful lot of people lining up against him. Sheds a bit of doubt on his entire story, though much of it is probably true.

J. Dyba
Did you read the story? The police never even came to the store to get the video tape or the register tape. I can guarantee that. So the so called police work was about as bad as the city attorney's lack of not dropping this case without prejudice.

Guess I missed that he scanned it.

Amazing..and yet not at all unexpected. Having dealt with Miles City's legal system none of this surprises me. What a bunch of incompetent boobs that should have NEVER been in office. HOW did the illustrious chief of police let this happen? Why is she not mentioned? There are many other stories of incompetence in Miles City's legal system. Some are posted by people who were severely hurt by people's stupidity and lack of any common sense. That includes police, sheriff and county officials. The whole place needs to be cleaned out. Oh...webmaster..if they come asking for my name and address, are you required to give it to them? Just wondering if I need to be watching at my door. After all, you don't have to commit a crime in Miles City to be charged. You just have to exist.

Vince,

Yes I read the entire thing. As I said much of it is probably true. There just seems to be an awful lot of people who have dealt with this and let it slide by.

If you look at this from a completely outside, objective position (mine) you have a scenario that appears ridiculously easy to resolve with the right steps taken. Yet despite hiring his own legal representation Dick is still dealing with this. Either what he is saying is not entirely true, or he hired one hell of a horrible attourney and should request his legal fee's back.

Based upon the support here and the feedback from the letter, I'm betting he hired a horrible attourney. Hopefully this can be resolved for him.

An attorney can only do so much. The local judge can only be made to do something by the state legal commission. Mr. Hay can file against him, however as he is no longer in office it would do no good. I am assuming he is speaking of Kenny Hom. The city attorney is under the jurisdiction of the city, so I'm assuming that the mayor is the only one of any authority to do anything. I guess it's time to see what the new mayor is made of. Mr. Noble needs to go back to Broadus. He has been incompetent since he got the position. As for why so many people let things slide, consider this. In Miles City people are arrested without any evidence. Due process is not followed. Why do you suppose people don't stick up for others? Apathy, Montana. Have called it that for years. Maybe Fear would be a good name.

Thanks Rick, that was an interesting read. Regardless of the truth of the rest of it, it's pretty amazing that a police officer would try to press charges based on nothing but the word of a teenager that got caught with beer and not even bother to do the most basic investigation to back it up. If nothing else I think Mr. Hay has succeeded in embarrassing the police department and the local courts.

I wouldn't necessarily say the whole thing reflects badly on Miles City though, you can hear stories like this in just about any local government. Some of the stuff that happens in San Francisco and Oakland would make your eyes bug out and that's just what makes the papers.

I liken looking for justice in our justice system to looking for a virgin in a whore house, you probably won't find it.

I myself have been fighting a legal battle on a two State level and running into the same kind of incompetence and uncaring from about everyone I deal with. I hope to apprise the MC.com readers of my experiences some time in the near future.

Dick's case seems small to me and if it was me I would just let it go, but knowing Dick and his feel for right and wrong I'm sure he will take it to the wall. All I can say "good for you old friend make them accountable for their actions".

If Dick Hay raises enough hell with his fight it will only help the people of Miles City, maybe the powers to be will think twice before they let this happens to another citizen.

In any event don't call be for a witness because I would have to tell them in no way does this change how I feel about Mr. Dick Hay and what a pleasure it has been knowing him and learning from him.

All my best to you in your fight.
Chuck Schott

Thanks to Rick for getting the Imformation to us, see us right wingers are good for somthing.

[This message has been edited by Chuck Schott (edited 1/26/2007).]

What a mess. It seems like Dick Hay is a genuinely decent man who feels he has been wronged and who sought fair and reasonable reparations.

Unfortunately we only get to hear one side of the story and you can bet the City, former Judge Hom, Prosecutor Noble (ironic name considering the accusations?), Chief of Police Power, the police officer(s) involved, and Ryan Powell are none too eager to offer their side of the story in a public forum.

But I think it's fair for the citizens of Miles City to expect a public response to the accusations Mr. Hay is making.

It is my opinion that if what Dick Hay says is true then his request to have his name cleared on the "public record" and an apology placed in the newspaper is a bargain for the City.

It is also my opinion that if what Dick Hay says is true then Chief Power and the Miles City Police Dept. should be embarrassed by the lack of professionalism demonstrated in investigating this case and that the city should be on the lookout for a prosecuting attorney with a little more common sense.

But that's just my opinion.

- Dave

As Levi says, it's the same all over:

http://sentencing.typepad..._gena.html

My favorite quote from the article (and the one that Mr. Hay would probably sympathise most with) comes from the prosecuting attorney:

"Maintaining innocence in the face of the crushing wheels of justice is the ultimate act of vanity, he believes...."

Like many of you, I like Dick Hay. When he's on-shift at M&H we visit a little about city affairs as our mutual time allows on Friday nights. At the end of each year, Mr. Hay usually works up predictions for the year ahead that makes for good reading. Ask him about those sometime. We share a good friend in Art Jacobsen, who purchased H&T Printing from Mr. Hay several years ago.

On Tuesday night, a few citizens who had read Mr. Hay's "Ignorance Gone to Seed" that afternoon asked both myself and the City Council to do something for Mr. Hay without being specific about what that something might be. I'm hearing a little of that here as well so let me offer my thoughts to the forum. Kick them around for whatever they're worth. Maybe they'll clue you in as to "what the mayor's made of". A few of us, including myself, may learn a little more about governing in the process.

1. The U.S. Constitution, which all public officials are sworn to uphold, provides for a separation of powers between the executive, legislative, and judicial forms of government - your local government is not exempt from that provision. Consequently, the mayor or the City Council has no direct authority over the actions of the City Court. The check or balance that the City Council may have against the City Court is that it controls the budget, adopts or repeals city ordinances, and contracts with the City Prosecutor on an annual basis. The check or balance that the mayor has over the City Council is that he/she may veto legislation passed in council. Presidents and governors may, in some cases, offer clemency against capital offenses or pardons by decree at the end of a term. The mayor has no such power.

(Incidentally, try to imagine what would happen to your government if a corrupt mayor or city council had the power to overturn a judicial decision simply because public opinion demanded it. A judicial appeals process is in place and that's how these cases are properly decided.)

2. The City Prosecutor is an independent contractor hired on an annual basis by the City of Miles City . As such, the City may direct the prosecutor as to "what to do" but not "how to do it". Contracts may be terminated, according to terms. Contracts may or may not be renewed at the end of the term. But the City must be careful not to breach any contract it may have negotiated.

3. The lawsuit that Mr. Hay filed against the City of Miles City is still an active case pending appeal before the Supreme Court of Montana. Direct comments by the mayor, members of the City Council, or City employees as to the details of Mr. Hay's case are legally inadvisable. Those have been and will be presented in the courtroom. We may not like it but those are the rules of the game.

This is likely the last you'll hear from me on this issue in this thread, mainly because of the active appeal. Thanks for your time in hearing me out.

Lets help Dick get on with Bill O'Reilly, if that is possible. E-mail Bill @ [email protected] and use Dick Hay, Miles City MT as the subject matter. Maybe if he gets a few dozen of these he will have a flunky check into it.

It's worth a try.

As I read the wording in the "motion to drop charges" again it is clear the the prosecutor was trying to cover his own ass with his wording. And I agree that this would have scared off any one guilty of a wrong doing, leaving the criminal thinking he had dodged a bullet. Case closed. But it appears that Mr. Noble has the wrong guy this time he found himself a truly innocent man, a man that is going to demand justice.

Mr Noble, with help from his employer (Miles City and the Mayor) needs to come clean and admit he had the wrong guy all along, apologize, let the insurance pay Mr. Hay's legal fees and let Dick put this behind him before it ends up costing a bunch more money and a bunch more embarrassment for the already Laughable City Goverment.

"those are the rules of the game" If I had a dime for every time I've heard that in the last 10 months I could buy a bunch of
Bush light 18 packs. Maybe it's time someone broke those rules in the pursuit of justice. Just a thought.

[This message has been edited by Chuck Schott (edited 1/26/2007).]

[This message has been edited by Chuck Schott (edited 1/26/2007).]

I need to make one thing clear for all those who know me. I am not now drinking or have I ever drank Bush Light Beer.

Thank You

For anyone question Miles City's law enforcement, just look back at the former employee, Tom Frank. I was surprised that he was actually found guilty and removed from his position. I would be more than suspicious of many of the cases he was involved with too. Again, he worked with Lissa Power. I still say it's time to take them all to task and clean out the bunch.

>> I need to make one thing clear for all those who
>> know me. I am not now drinking or have I ever drank
>> Bush Light Beer.

Lighten up, bro. Drinking Busch Light isn't such a terrible offense... certainly not as heinous as, say, drinking Miller Lite on ice.

By the way, do you want to call the folks and let them know we'll be visiting them in Forsyth from this day forward. I don't want to risk setting foot in Miles after railing on the local justice system like we have.

- Dave

You rock, Dad--Rick
Ask for a lie detector test, Grampa--David
p.s. you are also very, very cool

So true Dave, I'm affraid we have reduced our options to clandestine meetings in the breifing room at the Airpot Inn after rush hour. All in the name of justice bro, all in the name of justice.

[This message has been edited by Chuck Schott (edited 1/26/2007).]

Mr. Kuchynka,

Thanks for doing the work of posting the letter.

As for me - it's unfortunate that Mr. Hay is forced to deal with this problem when it involves being accused of a crime he did not commit...he should just be free to enjoy his golden years, serve the kids their lunches, and enjoy his other passtimes without having to deal with this crap. I'm sorry to say, though, that I'm not the least bit surprised to see this sort of thing happen. It's a fact that a few law enforcement officers, attourneys and judges in different places bungle things up every day and create a ton of red tape, unnecessary expense and hassle for innocent people and taxpayers rather than pursue and punish REAL criminals (notice I said a FEW, not ALL).

It reminds me of an instance I dealt with not long ago at work: I assisted an elderly woman with some faxing to the county she lived in - she was being forced to contest a 50-dollar fine for allegedly parking her husband's car in a handicapped parking zone...there were two problems with this: 1. Her husband had died 3 years prior to that, and 2. She had sold the car and transferred the title to the new owner several months after her husband's death. The county had forced her to make several court appearances to contest the fine and even went so far as to order her to present them with a copy of the death certificate to help plead her case, which I helped her fax.

I know Dick's case is quite different from this instance, but it just reminds me of it.

Other than that, I would certainly be willing to vouch for Mr. Hay's character and integrity. When I lived in Miles City a few years ago, I used to deal with him often at H&T Printing and he was always civil, polite and honest with me...despite the fact that I worked for a competing printing business owned by my family at the time! He didn't have to show me any courtesies or do me any favors, but he did, anyway, because he's a good person.

I certainly hope this all gets cleared-up to his satisfaction. He deserves that much.

New game... say whatever's possible to coax Mayor Joe into saying more than he wants to.

I'll start.

I hear the reason they're trying to pin this whole thing on Dick is because it was actually Joe's mom who sold the Busch Lite.

All in the name of justice bro, all in the name of justice

By the way, who let Dog in here?

[This message has been edited by Rick Kuchynka (edited 1/26/2007).]

Not a game. It's sick and twisted and I hope when Dick gets his day in court that it is packed with people to support him and all the press covers it so it isn't just brushed under the rug. If you want something else I suggest starting a new thread with everyone who's ever been treated this way by the officials of Miles City. I know of cases very similar to Dick Hay's. Strength in numbers. By the way, I think you're wonderful to be doing this Mr. Hay.

I have spent the last hour reading all this. I, too, hope this goes national.

Its hard to believe all this was over minors getting beer. They way they worded it at first, I thought they were talking about child molestation and laughed when it came out it was selling beer to kids.

Good for Mr. Hay for not dropping this. Its the principle now. What a comedy of errors

I can see a web site in the future that lets other people post their stories. I'll bet we would be amazed how common this is.

Best of luck, Mr. Hay, and keep us informed

Well stated, Mr. Mayor.

Who let dog in here? I don't understand Rick, you do understand we are bros (Websters Dictionary definition 1: brothers) don't you. At any rate I don't understand the Dog thing unless it was a bigoted reference do that great rap artist Snoop Dog. Please clarify for me.

Hmmmm! Maybe Butch was right!!!

Butch knew too much about too many. I agree he was radical in things he said and did and how he did them, but....

On a whim I I typed in the last name Powell on whitepages.com. There are four different listings in Broadus. So I'm guessing Mr. Noble knew them before this ever happened. Hypothetical...Mr.Noble was to prosecute the minor. Someone he knew. Made him a deal if he turned in the person who sold him the beer the minor could walk. When Mr. Hay fought back they had no choice but to cite the minor. It would be interesting to see what Ryan Powell's parent(s) have to say about the whole issue.

"JUSTICE FOR DICK HAY", T-shirts anyone. Good luck Dick, we are behind you 100%.

Brady Stone

I'd buy one Stone.

Craig Miller

T-shirts are a great idea. Dick Hay T-shirts could be worn all over Miles City....Have a We Love Dick Hay day!!!!! KULR-8 and KTVQ would definitely cover that.

"Dick Hay T-shirts could be worn all over Miles City"

and sold at the Bucking Horse sale where there is no underage drinking.

Busch Light can hardly be consider beer and no one should go to jail over it.

While we are at it, let's eliminate the stupid minor in possession law and allow parents the right/responsibility to teach there kids the proper use of alcohol.

My mother worked with Dick for many years. Even though he knew how old I was, and even though it perpetually ticked me off, he ALWAYS carded me. Not just for alcohol either. He carded me for cigarettes until I was 25. Because of Dick I learned to always carry my drivers license with me when going to M & H to buy smokes. I personally think the whole thing is insane, given the large number of young people who know better than to even try to get something past Dick. He is a great guy, and for his sake I hope this matter is finally settled and his name cleared.

Jonna,

Now that's the Dick I knew. So where does he go from here? And for Pete's sake can't someone put an end to this for Dick.

I'll take a t-shirt. Butch was right. I am interested in the turnout for the city council meeting.

I think the fact that he is still working at M&H attests to the fact that they believe he is innocent. This all gets back to the incompetance of the investigation and the lack of willingness to say, "I made a mistake" by the justice system. It seems pervasive doesn't it?

I'm trying to reach Ryan Powell that is listed in Mr. Hay's letter.
If anyone knows how to reach him in Miles City I'd appreciate it..or if you know how to reach him please ask him to call me ASAP.

Emilie Boyles
KXGN-TV5 (CBS)
406-377-3377
406-939-3378

Gotta love MC, I think MC is the real life version of the show "Picket Fences."

After reading this thread, I'm beginning to think the McPD logo on the side of the local police cars is very fitting.

Dave



[This message has been edited by Dave Golterman (edited 1/30/2007).]

Gotta love MC, I think MC is the real life version of the show "Picket Fences."


every town in the world has their own drama, we're no better or worse than anyone else...

[This message has been edited by Dan (edited 1/31/2007).]

nothing new - just wanted to get the original thread on the subject back up to the top...how are the T-shirts coming?? I'd buy one if any were actually being made.

Where is Eric and his video's of the council meetings???

As Mr. Hay has discovered, navigating the justice system is not easy. While I empathize with his frustration, I think he could have saved himself much of the trouble he encountered if, at the outset, he had taken some of the money he eventually spent mailing his "case" to the people of Miles City and invested it in an hour or two of the services of a good attorney. With all of the evidence that Mr. Hay seems to have to prove his innocence, an attorney could have had this taken care of in little time.

There are some things we should leave to experts: surgery, rocket science and defending oneself in court.

From Mr. Hay's letter: "I have spent over S 12,000 in legal fees trying to get the false information, placed there by Mr. Noble, removed from the records." You cannot force a judge to do anything in Miles City even if you are an attorney.

Way to go, Uncle Dick. Keep up the fight-take it all the way to the Supreme Court. If T-shirts are printed count me in for 2. I think the proceeds from the T-shirt sales should go to Uncle Dick to help defray some of his legal costs.

You know, if as many people (including the "Mayor") put up $10 as wrote a post in support of Mr. Hay, there'd be a few thousand bucks to help defer Mr. Hay's legal expenses. Then, someone could sponsor a resolution before the City Council to have the city pay the remainder of legal bills. Betcha anything if that happened, Dick would drop his Supreme Court appeal. If someone will take up a collection and promise to draft a resolution (how 'bout it Mr. Mayor?) I'll contribute a hundred bucks and I'll bet I could round up some more from people I know. This is Miles City's chance to do the right thing. Are you up to it?

MGE

I'm would contribute some to Dick's cause, but feel it's the city's and Mr. Nobel's responsibility. Maybe lawyers, and city officials should carry malpractice insurance. With rapidly increasing premiums for those filling claims, maybe they would be more careful about the way they go about there business.

Miles City and the Mayor could put a stop to the supreme court case by doing the right thing. Someone needs to be held accountable for the sloppy investigation and prosecution of Mr. Hay's case.

Chuck: I wish it were that easy. Unfortunately it's not, because the "haves" make the rules and they (the prosecutors and sometimes law enforcement) almost always have what's called "qualified immunity" from lawsuits for violation of a person's rights in the discharge of their official duties. They can discharge these duties in the most idiotic, dunderheaded, negligent and callous fashion and so long as they didn't purposely trump up the charges out of evidence deliberately and falsely manufactured by them, it's very hard to stay in court against them. The law says that prosecutors have "prosecutorial discretion" to run roughshod over the rights of guys like Dick Hay without fear of being held accountable so long as they didn't set out to maliciously and intentionally do harm. Then, their immunity allows them to publicly thumb their noses at their victims from the safe harbor that the law provides them.

As I see it, if anyone in Miles City cares to do anything more than blog about this, why doesn't someone start a "Dick Hay Legal Reimburesment Fund." Collect $6,000 and them DEMAND that the City pony up the rest. I'll put up $300 (up from $100 last night) if someone in Miles City will take a real stab at getting this off the ground.

Dick's got another option too. He could get a lawyer who would file a civil suit against the little $#&t who made up this phony story about buying beer "from the old guy with white hair" to cover for the real supplier of his hooch. Noble, Hom, and Barney Fife could all be compelled at that trial to testify about their "investigation" and their decision to charge Dick and then to dismiss it "without prejudice to refile should [Dick] offend again" and without giving Dick his day in court. Immunity only shields these guys from liability from their stupidity, not from being compelled to testify in a case to which they are not parties. Near as I can tell from reading all this bloggage, Dick practically has a verdict locked up in that case. Dick wins the case and gets a nice judgment against the "victim" of this heinous beer-selling scheme. Of course he never collects his judgment against the little pissant, and his lawyer never gets paid - because said pissant has no money- but Dick's name is at least cleared in a very public way and the shear idiocy of the decisions that were made by those who arrested him, charged him, and then didn't have the guts to dismiss this case with prejudice and without salting the public record with libelous comments about "making sure that Dick didn't offend again" could be held up to the harsh light of public scrutiny - as they ought to be. The verdict of the court of public opinion would be the last, best word on this whole affair.

Blog on Miles City! You have an opportunity to do something about this. Do more than just stand up for what's right. While the Court of Public Opinion is touted by all, it is the Court of Public Action that makes the most difference.

Author: Kacey Posted: 1/26/2007 3:01:04 PM
"For anyone question Miles City's law enforcement, just look back at the former employee, Tom Frank. I was surprised that he was actually found guilty and removed from his position. I would be more than suspicious of many of the cases he was involved with too. Again, he worked with Lissa Power. I still say it's time to take them all to task and clean out the bunch."

Mr. Kacey I'm not sure, if you knew this or not but Tom Frank was a County emplyee not a City emplyee.

also,

Here's something I think you all should read I got it from the Billings Gazette. I'll post more stuff later on what I think of the subject.


wrote on February 5, 2007 11:31 PM
Do you people realize what you are saying? Now I know there are some intelligent people posting here, so I am responding only to you. To the authority-haters that automatically get on here to slam judges, attorneys and the police you can move on from this comment because it doesnt pertain to you. What we have here is law enforcement trying to make a dent in the underage drinking problem (hey at least they are trying to do something instead of hiding somewhere listening to a cassette tape in their patrol cars right?). The question is, was it actually Mr. Hay that sold beer to a minor? Oh, Mr. Hay will tell you it wasnt. But the kid will tell you it was someone who looked just like him. Who is lying? Mr. Hay says it would be on video, but low and behold the tape has been recorded over by the convenience store. Mr. Hay will tell you "look at the receipts," but they are now gone because Mr. Hay says it isnt his job to collect the evidence to try and fight the charge, its the cop's job. Mr. Hay says he wasnt working on May 4 (I assume the beer was sold at the wee hours of the morning on the 4th) but that he actually got done working 10 minutes before midnight on the 3rd (gasp, just minutes before the selling of the beer, how convenient.) OK, so you have a 20 year old kid's word against Mr Hay's word, unless there are a bunch of other "older men, with whitish-gray hair and glasses" that also work at this small town convienence store, which I doubt highly. The police work WAS shoddy I agree, as in the least the officer should have looked at the surveillance tape. But my point is this: how many times have you, reading this, been a victim and called the police, and pointed to someone and said "he did it" and expect the police to arrest the guy just based on your word? Just because you told them "he did it?" You would be outraged if they didnt hook him up and haul him away, even if he says "no I didnt." Well, that is what is going on here. The court dropped the case because of a shoddy investigation. That doesnt mean Mr. Hay did NOT do the crime. Remember that. It is easier for them to drop it if it will be a hard court battle due to lack of evidence. He never should have been charged in the first place just based on poor investigation, but just how many of you out there want the cops to arrest someone else just based on YOUR word? And when they dont due to "lack of evidence", you pop a cork. Simple fact is, people lie. My question is, how do you know Mr. Hay isnt the one lying here?



[This message has been edited by Leopold B. Scotch (edited 2/7/2007).]

The circumstances behind the kid turning Mr. Hay in are what negates the legitimacy of the claim. It's illegal to sue someone if you don't have "clean hands" yourself. That sort of thing.

If Mr. Hay was lying, he would probably have been happy to have gotten off and he'd be keeping his mouth shut. People who are guilty of a crime but got away with it don't usually continuously bring up he issue in public and demand that the case be re-opened.

As far as taking up a collection, I have no idea what Mr. Hay's financial situation is and I'm sure he would like to have his money back, but that sort of misses the point. He spent the money in the first place to have his record cleared. Getting some of the money back but still having the offending mark on his record just puts him back where he started.

MGE, You make some very good points, and appear to be a very generous
person. There is only a couple of problems with your suggestion. First Miles City is not what you would call an affluent community and raising $6000 dollars would be very hard. Secondly I serious doubt if Dick would even consider taking money from his friends and neighbors, that is just the kind of guy he is. But if someone wants to give it a try I'll go for $50 dollars towards his continuing legal battle or a settlement with the city. I thank you for you input it has been informative although I did realize that the powers to be where free from legal recourse.

I like your second idea very much and hope Dick take a good look at the option of filing civil suit against the little SOB who claimed he sold the beer. Remember though he did not name dick by name only by description, and he has that to stand on.

I think this whole thing has been blown out of proportion. The only version the public has is Mr. Hay's "poor me version." How many of us in the "public" even knew about this before Mr. Hay's brought it to our attention over and over while he beat a horse to death over it. It's amazing to see how many of you are so eager to jump on this hate bandwagon. What I don't understand is how can so many people make so many ignorant comments and opinions on something they only have one version of. Get over it already. This is a clear case of making a mountain out of a mole hill. Mr. Hay's....your attorney ripped you off and laughed about it on his way to the bank. By the way, the multiple page "poor me" mailing I received made great fire starter.

Anyone from the other side of this would be welcome to defend themselves. I would expect that they would want to if someone was telling lies about them, but don't seem to be interested in making a public rebuttal. Maybe you have some information that those on the "ignorant hate bandwagon" do not? I have not heard anyone make a claim that any part of this letter was not true. Mr. Noble was quoted in the Billings Gazette and had the opportunity to deny anything in the letter, but his only comment was that he didn't understand why Mr. Hay was upset. Obviously the court doesn't think any action is necessary, but if they believe the allegations are not true, they haven't made an effort to deny them.

Whether he's making too much of it is a matter of opinion, but what makes you think that it's not true?

[This message has been edited by Levi Forman (edited 2/7/2007).]

To quote Roger Daltrey and The Who, "It's a legal matter baby, a legal matter from now on."

The case is still pending so you shouldn't expect anyone from the other side to say anything anywhere other than in court proceedings. Mr. Hay's counsel should be advising him to keep clam as well.

Truly, Dick Hay is wasting his time pleading his case to the people of Miles City while there is litigation pending. And we're wasting our time discussing it until the case is closed.

Leopold,
People like you are the reason the people in power keep getting away with their crap in Miles City. Open your eyes. You could be next.

Very well said David Schott. "The case is still pending so you shouldn't expect anyone from the other side to say anything anywhere other than in court proceedings. Mr. Hay's counsel should be advising him to keep clam as well."

Also, I did not use the phrase "ignorant hate bandwagon". The terms were used separately and with different context.

The point I am trying to make is unless you know first hand what happened with this whole situation from beginning to end, how can people be so eager to place hate and blame.



[This message has been edited by Leopold B. Scotch (edited 2/7/2007).]

One point in your argument is the fact that the "victim" also said he purchased two 18-packs of beer around midnight, was caught arrested at 2:30 and the police didn't confiscate any beer. That means the two people had to drink 36 cans of beer in 21/2 hours. Why didn't the police confiscate any beer. At that time M&H put a little white tag with a number on the beer cartons to use at the cash registers. None of these were available to use as evidence. There was not even any evidence offered to show the children had any beer in their possesion. What would you do if the prosecutng attorney put on your record that you are a person who needs and "incentive to not commit further violations of the law" then refuses to let you have a jury trial or remove this from your file?

We're wasting our time discussing it regardless of litigation But it's entertaining.

[This message has been edited by Levi Forman (edited 2/7/2007).]

Poor me!

Hey Leopold...IF that is your real name,

How do we know which side is honest? Simple...why would Mr. Hay pony-up 12,000 smackers to clear his name if it wasn't the truth? You cannot compare it to Ryan Powell's side of the story because Powell won't present his side! It's fair for one to conclude, then, that Powell doesn't have much to present because his side is false, and has no evidence whatsoever to back it up! Say what you want to about "his attourney is telling him to keep quiet while the case is pending" but what evidence has Powell offered other than his word vs. Hay's word? Mr. Hay's side offers evidence, at least. Powell's does not. You also seem incapable of understanding what INTEGRITY means to some of us, or you wouldn't bother with this blog at all. For some of us, our integrity means more than any dollar amount ever could, which is why Mr. Hay is going through all the trouble and expense of all this.

By the way, I happen to know that "Leopold Stotch" (or Scotch, as you call yourself) is the real name of the character known as Butters on the SOUTH PARK cartoon on Comedy Central.
I also happen to know that Butters Stotch is a pansy character on that show - very naive, easily taken advantage of, constantly picked-on, and gullible...yeah, nice character to name yourself after.

Yeah, you are right...POOR YOU!!!

Shu,
First, I would like to point out that just because you spend a large amount of money defending yourself in a court of law doesn't mean you are not guilty of a crime. For instance, let us refer to the O.J. Simpson Trial. Tons of money was spent on this trial and he was found not guilty but yet millions of people still believe he did kill that girl. I'm not saying that I believe Mr. Hay is guilty or not. He may or may not be.

And to your comments about INTEGRITY...

First off, dictionary.com defines integrity as "adherence to moral and
ethical principles; soundness of moral character" and I believe myself to be a person of great integrity. I find that now I don't believe INTEGRITY
really applies to you because you have referred to my moral character as
being a cartoon who's a pansy, naive, easily taken advantage of, constantly picked-on, and gullible. So in short, keep your mind from being so closed and remember there is more to this story then one version.

I would like to suggest to "Leopold" that if he simply wants to argue instead of support Dick Hay that he start a new forum. Then the rest of us don't have to wade through his diatribes in order to keep up on Mr. Hay.

I think anonymous posting should be banned from MC.com 2.0.

I checked out dictionary.com lets see what I found:

cow·ard
-noun 1. a person who lacks courage in facing danger, difficulty, opposition, pain, etc.; a timid or easily intimidated person.
-adjective 2. lacking courage; very fearful or timid.
3. proceeding from or expressive of fear or timidity: a coward cry.

-Synonyms 1. craven, poltroon, dastard, recreant, milksop.



Hold on, I think I see a shoe around here that fits....

Maybe MilesCity2.0 will allow threads to be marked "Idealogically Pure", so that people like Leopold don't get confused.

Just to keep this thread on track: I would kill a man for Dick.

Leopold,

This is the last time I will respond to you because I have better things to do than argue with a person like yourself who just doesn't get it.

I KNEW you were going to misinterpret what I said about your cartoon-character screen name, which is one reason I made the comment...sure enough, you did! If you look at my previous comment, I said:
"I happen to know that "Leopold Stotch" (or Scotch, as you call yourself) is the real name of the character known as Butters on the SOUTH PARK cartoon on Comedy Central. I also happen to know that Butters Stotch is a pansy character on that show - very naive, easily taken advantage of, constantly picked-on, and gullible...yeah, nice character to name yourself after."
So you tell me; where did I say that necessarily means YOU are a pansy, etc.. I did not say you are any of those things, and you know it! I said the character you named your screen name after is. That doesn't necessarily mean YOU are. Heck, I don't even know who you are (on account of the fact that you don't have the guts or INTEGRITY to state your name on this blog). As for me, I have said before on this website that I am Shumon "Shu" Pius, a Miles City Native and former sports director at KATL radio now alive, well and married with 2 kids in Minnesota. Those who know me best know very well that I employ "adherence to moral and ethical principles; and soundness of moral character"...so, who the h**l are you?..besides an opinionated person who is apparantly the only one blogging here on your side of this issue?...And a person with a bad habit of putting words in other peoples' mouths? I know very well that there is more than one side to every story but my point, again, is that Ryan Powell WON'T PRESENT his side and Dick has done so and offered evidence to back it up...that plus I've known Dick myself for a lot longer than you have, or else you wouldn't be casting stones here. That's all I have to say to you. GO DICK GO!!!

Dyba,

"I checked out dictionary.com lets see what I found:

cow·ard...Hold on, I think I see a shoe around here that fits...."

I hope you're not referring to me - if you are, point out any cowardly thing I've said.

This thread is going downhill fast.

As long as there is a ramp at the bottom it's all good.

My husband and I lived across the street from Mr. & Mrs. Hay for over 27 years. They were entirely respectable and honest people. They were good neighbors and offered a helping hand when it was needed. I admire Dick for fighting back. He's always had a good, solid reputation, and it is being attacked. Someone said his attitude is one of "Poor me." That's far from the truth. Dick is a newspaper man, for one thing, and knows how to fight for important principles. I doubt that Mr. Noble realized that Dick wasn't one to just take this lying down without a fight.

Dick Hay, I think you're right in making sure your good name is not tarnished by some lawyer who doesn't have the sense to think before he acts.

An editorial in today's Gazette mentioning Mr. Hay:
http://www.billingsgazette.net/articles/2007/02/11/opinion/letters/80-hay.txt

I wasn't sure which "Dick Hay" thread to tack this onto but this one seems to have the most posts... so here goes:

"Aftermath of Ignorance Gone To Seed" (Part 1)

A paid advertisement from the April 16, 2007, edition of the Miles City Star newspaper:

http://www.flickr.com/pho...2050774824

"Aftermath of Ignorance Gone To Seed" (Part 2)

A paid advertisement from the April 30, 2007, edition of the Miles City Star newspaper:

http://www.flickr.com/pho...2050774824

Thanks for that, but it is already quite dated itself. Is there any resolution yet?

Cheers!
FH

Sorry, Frank, but that's how far behind I am on reading my Miles City Star's. I'll keep plugging away at them and as I find any new information I'll post it. In the meantime, if anyone knows the resolution please speak up.

- Dave

The case is now with the State Supreme Court and and a verdict is anticipated in late spring, 2008.

Thanks for the update, Emilie.

Below is a link to one more paid advertisement related to the matter.

- Dave

"Aftermath of Ignorance Gone To Seed" (Part 3)

A paid advertisement from the May 27, 2007, edition of the Miles City Star newspaper:

http://www.flickr.com/pho...539&size=o

Ahem.....bump.

Cheers!
FH

So I know it's been 13 more years, but how did this case end?


FH

Hay v. City of Miles City

https://www.anylaw.com/ca...TomsSBqOrh

To summarize: Miles City made hay while the Powers was out. 🤠 You’re welcome. Now go eat a hotdog 🌭.

"Sweet cheeks" comes to mind, Richard.

Now I cannot resist.

This stanza is sung to the tune “Who Let the Dogs Out?”
The Citizens of Miles City are asking the question and Liisa Powers is singing the answer.

Who sold the kid Beer? Dick Dick Dick Hay
Who sold the kid Beer? Dick Dick Dick Hay
Who sold the kid beer? Dick Dick Dick Hay??
Who sold the kid beer?

Now we change to the always fantastic song “We Are the Champions”
Sung entirely by Dick Hay

I read the news
That’s in the Star
I faced a sentence
But committed no crime.

And past mistakes
I’ve made some too
I’ve sold some crap to the kids that gives the dentist kids shoes!!
And you can charge on and on and on and on

I never sold that kid beer
I’ll spend a fortune to clear
The good Dick Hay name
I’m taking no blame!
Take that now Liisa
You don’t have the Power
You’ll looooose.

I’ll take any vow.
That I wasn’t there
You say I did this and that and everything that goes with it
I hate you all

But it’s not been easy
To clear my name
You refused to even watch the tape
That refuted your claim
I’m not a champion my friend
But I kept on fighting to the end.
I didn’t do it.
I did not do it
I’m not a loser I need to refuse her
Cause I’ve been accused…..and you lose.


FH