city court office
Posted by american (+9) 13 years ago
Today, in my mailbox I acknowledged a piece of mail from a man by the name of Dick Hay about the people in our court house (who we pay with our taxes) and how they are administrating our court. I must say, I am appalled with the city court system in Miles City. After talking to numerous citizens and receiving the letter from Dick Hay, I know I am not unaccompanied. Miles City needs to advance by cleaning up the employees who are employed in our city hall. I am not going to mention names, but a short stopover to the city court office and a person is able to notify who needs to not be in such a place of business that should be specialized in acting professional. I thought educated people should run a city court office, but I guess citizens with very little educational background and knowledge of how the judicial system works can be employed there. Personal records should not be messed around with and turned into a joke. There is not enough evidence to prove him wrong so how did Noble get to where he did with the case? There are numerous times I have overheard situations that happen in the city court office and such situations should be kept private.
Top
Posted by Brian A. Reed (+6114) 13 years ago
Ah, there's nothing like a plead for professionalism and accountability from an anonymous poster. God Bless America!
Top
Posted by american (+9) 13 years ago
All matters in City Court office should be kept professional and confidential and everyone should be treated fairly.

Have you read Dick Hay's letter? If so, how could our City Court office put the poor man through a harsh procedure that was uncalled for to begin with.
Top
supporter
Posted by Bridgier (+9297) 13 years ago
I stand erect in unflagging support of Dick.
Top
Posted by Chuck Schott (+1290) 13 years ago
That whole thing with Dick was way out of line I can not believe it has not been dismissed unconditionally by now.
Top
Posted by Kacey (+3153) 13 years ago
Mr. Hay is just one of many who have not been treated justly by the courts in Miles City. As long as they keep getting away with that kind of behavior it will continue.
Top
supporter
Posted by Bridgier (+9297) 13 years ago
Didn't this go all the way up to the MT Supreme Court? And didn't they decide it was something that they couldn't fix even if they wanted to?

Aren't there REAL injustices being committed in Miles City to worry about?

I hear someone's going to train a ferocious tiger to eat babies and/or the homeless out on Moon Creek - maybe everyone should get their metal bats and put a stop to it ASAP.
Top
moderator
founder
Posted by David Schott (+17433) 13 years ago
http://billingsgazette.ne...isname.txt

Miles City man seeks to clear his name
Crusade began after charge in 2004, went to Supreme Court

By ED KEMMICK
Of The Gazette Staff

A Miles City man who says he was falsely accused of a crime will get no relief from the Montana Supreme Court.

In a ruling issued last week, the high court rejected Dick Hay's appeal of a District Court decision that effectively denied Hay's request to have his name cleared by declaration or by granting him a trial in the case.

Hay, who does not intend to give up his fight, said he was disappointed but not surprised by the Supreme Court decision.

"They seem to think prosecutors can tell lies and are expected to," he said.

The case goes back to May 2004, when Hay, a part-time employee at the M&H Gas Station, was charged in City Court in Miles City with selling beer to a minor. From the beginning, Hay denied the charge, and he and his attorney, Jeffrey Simkovic of Billings, maintained that the police had no evidence but the testimony of the underage male who allegedly bought the beer.

In October 2004, city prosecutor Jeffrey Noble filed a motion to dismiss the charge, without prejudice, on the grounds that "there might not be enough evidence in this case available at this time to ensure a conviction."

Noble's motion also said that if dismissed without prejudice, the charge "can be refiled in the future if necessary, which shall provide the Defendant with an incentive to not commit any further violations of the law."

That's the part that stuck in Hay's craw. He said the wording of the motion implied that he had committed a crime, which is why he demanded a jury trial in hopes of clearing his name. Hay also objected to being accused of "unlawful transactions with children," which was the wording of the statute used in charging documents.

He eventually filed a suit in District Court against the city, the Police Department, Police Chief Lissa Power, prosecutor Noble and police officer Barney Murnin, who conducted the initial investigation of the alleged illegal beer sale.

In his suit, Hay asked District Judge Gary Day either to dismiss the charge against him with prejudice or to order a jury trial in the case. In November 2006, Day granted a summary judgment in favor of the defendants.

Day ruled that the statute of limitations on the original misdemeanor charge had expired, so it could not have been refiled, and he had no power to require the City Court to reopen a permanently dismissed case.

After Day issued his ruling, Hay took his case to the people of Miles City, mailing out 3,676 copies - one to every residential mailing address in town - of a seven-page letter in which he laid out his grievances and demanded justice.

Eventually, he also filed an appeal of Day's decision with the Montana Supreme Court.

In a decision dated Nov. 10 and written by Chief Justice Karla Gray, the high court upheld Day's summary judgment, saying the District Court had no authority to grant Hay's requests for declaratory, injunctive or other form of relief.

Gray said that a District Court could not grant declaratory relief by ruling on factual determinations as to whether Hay's constitutional rights had been violated. Throughout his appeal, Gray said, Hay "has consistently indicated ... that factual determinations would be necessary in order to decide whether his constitutional rights were violated."

Gray said Hay also failed to establish that the District Court had any authority to grant injunctive relief or that "the court could fashion equitable relief outside the restrictions for injunctive relief or declaratory judgments."

Hay, a retired newspaper publisher, commercial printer and rancher, said he still needs to speak with Simkovic in detail about the Supreme Court ruling. In the meantime, he is looking into other avenues of relief.

He said he is researching the possibility of petitioning the governor for some kind of order or declaration, as well as going to the Legislature for help. And he's busy writing again.

"I'm going to put out another newsletter here shortly," he said.

Contact Ed Kemmick at [email protected] or 657-1293.



Published on Thursday, November 20, 2008.
Last modified on 11/20/2008 at 1:00 am
Top
Posted by Brian A. Reed (+6114) 13 years ago
I hear someone's going to train a ferocious tiger to eat babies and/or the homeless out on Moon Creek - maybe everyone should get their metal bats and put a stop to it ASAP.

I would have gotten a "SHUT UP, BRIAN!" for that comment. I'm still laughing, though. Well said.
Top
supporter
Posted by Buck Showalter (+4454) 13 years ago
I wonder how many crazy grievances have been aired on milescity.com - this one smells of spurned ex-city employee
Top
Posted by poisonspaghetti (+286) 13 years ago
American's post reads like it's a Chinese translation into English. You know what they call people who get a raw deal from the courts? Guilty.
Top
supporter
Posted by JCF (+399) 13 years ago
American may not like the behavior of certain folks - but the Court records are PUBLIC records. Heck, I could go down, read them, copy them and reprint them right here on MC.com. Anyone can talk about PUBLIC records.
Top
Posted by american (+9) 13 years ago
I have never had as much as a traffic violation so raw deal from the court is not my issue. The problem I have is with the people who work in the city court system, for example Mr. Noble. Instead of focusing on issues and problems in the city that he should be dealing with, he has to make a man like Dick Hay miserable. The evidence Noble has is based upon word of mouth, by a 20 year old who broke the law by having beer when he shouldn't of. Instead of placing blame on someone, why didn't Noble go and take care of the real issue, a minor with alcohol. I guess when I get in a jam with City Court I can tell them it is the fault of someone else that I broke the law. Everyone is so quick to jump on making rude comments on this website, but none of you really look at the real issue that is going on and have solutions or opinions that matter.
Top
Posted by Brian A. Reed (+6114) 13 years ago
Everyone is so quick to jump on making rude comments on this website, but none of you really look at the real issue that is going on and have solutions or opinions that matter.

You've stated that you want "solutions and opinions that matter," yet you are posting anonymously. Why should the opinion of someone who does not hold his/herself accountable matter, especially when you are demanding that others (who do not hide their names) hold themselves accountable?

Can you not see the irony?
Top
supporter
Posted by Bridgier (+9297) 13 years ago
Mr. Noble quit making Mr. Hay miserable a long time ago. Any further misery on Mr. Hay's part appears to be self inflicted.
Top
Posted by american (+9) 13 years ago
The fact still remains that there are charges on Mr. Hays name and it should be clear. Look at previous comment.
Top
Posted by Brian A. Reed (+6114) 13 years ago
Mr. Hay doth protest too much.

Besides, I heard from someone who heard it from someone else who thought that he heard somewhere that Dick Hay was the person who stole the baby Jesus back in December.

Why did you steal poor Baby Jesus, Mr. Hay?

There - Mr. Hay has been "accused" of stealing a baby Jesus statue. I suppose Star Printing will soon be getting an order for 3,600+ flyers demanding my head on a pike for this slander.

Who says I don't care about Miles City's economy?

Yeesh!

In all seriousness (what was typed above was only slightly completely sarcastic), does Mr. Hay think that if his wildest dreams come true and the charges are completely cleared, everyone will forget that all of this ever happened? He's not helping himself at all. There's fighting the good fight, and then there's cutting off your nose to spite your face. I'm sure some other cliches may also apply.
Top
Posted by Matt Schmitz (+408) 13 years ago
According to the Montana State Supreme Court, there is nothing they can do to rectify the situation. And this issue has been hashed over ad nauseum on this site. If Miles City has a moron for a prosecutor, deal with it. But it sounds like you want us to storm the courthouse with pitchforks. Not gonna happen. I happen to agree that Mr Hay was quite likely screwed over on this deal, but most people are not going to fight another's battles for them. Nor should they. A grown man should fight his own battles, and it sounds like Mr Hay is doing just that. Good luck to him. I hope justice prevails, but I will not be holding my breath waiting for that day. Sometimes things just go straight to hell, and nothing can be done to change that. If Mr Hay wants to let this consume his every waking hour, thats his business, but my pitchfork is in a back corner of the garage, and it's staying there, waiting for a fight I think is worth fighting. If you find one of those fights, call me.
Top
Posted by Steve Allison (+975) 13 years ago
I have three points I would like to make about this case. First the charges were dropped, yes in such a way that if new evidence was found Mr Hay could have been recharged, but they were dropped. As to the charges being ever brought again, Judge Day pointed out in his ruling, the statue of limitation had passed on the crime so no charges can ever be brought against anyone in regards to this case. My second point is that every review courts, up to and including the state supreme court, has said the judges did the right thing through out the case. The last point is the case is closed, no charges are being made against Mr. Hay and no one is talking or making a public noise about this other then Mr. Hay himself. No one in any capacity would even know charges had once been filed but dismissed and there by supposedly hurting Mr. Hay's reputation, if Mr. Hay was not making a big deal out of telling everyone that he was once a suspect in the case. It is hard for me to fell sorry for some one creating their own problems just for the publicity.
Top
Posted by american (+9) 13 years ago
Based upon what Noble brought before the courts and what really happened are two different things. That is what really needs to be examined here and not the case but the fact that there was no evidence to even bring this claim to the court and no one looked at the evidence that Dick Hay had to back his case. Put yourself in his shoes... he is a loyal citizen of our community. He should of never been put into the situation he was put into to begin with, and if I was him I would want an actual apology from the "professionals" in the city court who aren't doing their job. He wants the case removed and I don't blame him, it should never be even be questioned to be brought up in the future. There is no evidence to start with and the facts are the man was not working, look at the time sheet, cameras, sales tape and ask the manager!!!!
Top
Posted by Brian A. Reed (+6114) 13 years ago
You still haven't answered my question, american:

Why did Dick Hay steal poor Baby Jesus?
Top
supporter
Posted by JCF (+399) 13 years ago
American:

The prosecutor, Mr. Noble, did not bring the charges to the court. In city and in justice court, the charging document is the ticket written by the officer. So, Mr. Noble saw the case only AFTER the ticket was issued, the case was started, and Mr. Hay had pleaded "not guilty." The only action by Noble in this case was to DISMISS it. So, American, why in the hell are you mad at Noble? Go take your rage out on the officer that wrote the ticket - see how far that gets you. To bring charges, only probable cause is required. To convict, the charges must be proved beyond a reasonable doubt. Ergo, probable cause existed to believe that Mr. Hay had sold to an underage buyer, but there was not enough evidence to prove the charges beyond a reasonable doubt. That is how the Court system works everywhere - not just in Miles City. If you don't like it, go amend the Constitution, but don't blather about the local courts when you don't know what you are talking about.
Top
Posted by mercy me (+132) 13 years ago
Brian the baby jesus thing and being told to shut up still bother you?
Top
Posted by BeerNut (+62) 13 years ago
Kinda hard to belive probable cause existed if Hays wasn't even at work on the day in question, if thats the case. In a case like this the right thing to do would have been to dismiss the charges unconditionally, issue an apology to Hays, and discipline an officer that does such sloppy police work.
Top
Posted by Rob Shipley (+477) 13 years ago
Beernut: You,Sir, are so very very RIGHT !!!!!! This whole *Hay affair* was terribly lawless and terribly ***flawed*** by the MCPD and the City Attorney from the onset. As being a "flawed" legal case or cause...........that.........in and of itself mandated this case should NEVER NEVER NEVER ever have gone anywhere anyway.
The government.......even the City.......*especially* with Jeff Noble being the UNAWARE attorney owning NO MORALITY WHATSOEVER.......is in DIRE chaos. Jeff Noble does not even live here. At the very least.........City employees must ALL live within the legal confines of Miles City,Montana !!!!!!!!!!!
Top
Posted by Brian A. Reed (+6114) 13 years ago
Brian the baby jesus thing and being told to shut up still bother you?

Not at all, mercy me. Why would it? Does it still bother you?

I brought up the issue of Baby Jesus to illustrate the ridiculousness of Dick Hay's crusade. I'm curious to see how far his ridiculousness extends.

Speaking of ridiculousness ...

RIDICULOUSNESS !!!! ... EXCLAMATION POINTS !!!! ... SUPERFLUOUS ELLIPSES !!!! ... WORDS !!!! ... OUTRAGE !!!! ... IT'S ROB SHIPLEY, EVERYBODY !!!! ... SCANDALAMITY !!!! ... INJUSTICE !!!! SCREAMING IN ALL CAPS FOR THE SAKE OF SCREAMING IN ALL CAPS !!!!
Top
Posted by Rob Shipley (+477) 13 years ago
Chuck Schott: You,Sir, are completely correct in this expression of your opinion. The *Dick Hay deal* is sanguine,atrocious and assinine.
Abuse like this leads to the US Air Force having to be *at fingersnap beckon* of Nancy Pelosi so she can fly back and forth to California -the -Jungle every weekend at U.S. Taxpayer expense. She should be left to the probable ravages of irate Americans at every airport in the country. In case,Chuck, you are interested and concerned.........Jeff Noble just had his glory........yesterday.....I was convicted in City Court.......for an offense of which I had already been acquitted thereof..........BY THAT VERY SAME COURT !!!!!!!!! This is covered COMPLETELY by the Fifth Amendment of the U.S. Constitution (which Noble has absolutely.....zero.....nada.......zilch ...knowledge)....as being a specific example of Double Jeopardy.
It has already been expressed to Noble as being appealed to the 16th District Court for lawful rememdy.
And.........whereupon that acquittal as it MUST be by the proper sitting District Judge...........who KNOWS he serves the People according to HIS OATH to support and defend the U.S. Constitution..........will provide this cat with the powder and power to $UE Mayor Whalen who puked up this mess.........$ue the Chief of Police who directed this diatribe.......$ue a MCPD officer for his lawless neglect and criminal trespass........and $ue Jeff Noble for his orchestrating a Conspiracy to Commit Fraud (which is a FELONY).........sooooooooooo, hang on,Chuck, this will be one helluva ride for Jeffrey Noble and Company.........sincerely, "Ship"
Top
Posted by Brian A. Reed (+6114) 13 years ago
More monkeys mashing
Exclamation points, ellipses
Was point made? Doubtful.

- wait, that's not quite right -

MORE !!! ... MONKEYS MASHING !!!
EXCLAMATION !!! points ... ELLIPSES !!!
Was point MADE ??? DOUBTFUL !!!!
Top
Posted by Rob Shipley (+477) 13 years ago
Brian A. Reed : What does the initial "A" represent? Does possibly 2 "s" vowels follow directly?

Those of you that never hold a clue are somewhat comical to all of us that do.

Mere mouthy child............do not ever bring a knife to a gunfight.......you and your insipid abject stupidity cannot even start me.
Top
supporter
Posted by Bridgier (+9297) 13 years ago
The *Dick Hay deal* is sanguine,atrocious and assinine.

It's a waste of time. Move on.
Top
Posted by Kacey (+3153) 13 years ago
I have a question for everyone on here who thinks Mr. Hay's outcry was wrong. What if it was you? What if you were sitting there at your job and a police man came in and arrested you for something you had nothing to do with? What if you had to defend yourself?

Matt, I agree people need to fight their own battles. But there is strength in numbers. When one person is unfairly accused it is up to the rest of the community to stand behind him and demand justice.

It could be you next time. It's happened in Miles City for WAY too long and needs to be stopped.
Top
Posted by Brian A. Reed (+6114) 13 years ago
Kacey - no one is saying that Mr. Hay's original outrage is misplaced. But he said bye-bye to his nose a long time ago. The point of diminishing returns is so far in the rearview mirror that he now seems to be outraged for the sense of outrage.

Wear the grudge like a crown
Of negativity
Calculate what you will
Will not tolerate
Desperate to control
All and everything
Unable to forgive
Your scarlet letterman


- The Grudge, by Tool (MJK)
Top
founder
supporter
Posted by Amorette Allison (+11902) 13 years ago
Some questions:

Who sold the kid from Broadus the beer?

What if the mistake made was a policeman, confused by the near midnight time, wrote down the wrong day, May 4 instead of May 3?

What if Mr. Hay devoted his outrage to something less self-absorbed? Could his energy and time and money be better spend on working towards something for others? Could he accomplish something besides complain about the workings of a legal system that, um, actually worked as it is intended to? Could he devote his efforts to helping solve say, the underage drinking problem?

If you cut through the VAST piles of manure and other distractions in his rantings, (you know what, serving in the military back during the Truman administration is pretty much irrelevant,) he got what he wanted. Charges were dismissed using the STANDARD LEGAL LANGUAGE that is always used. Would anyone would have given a d*mn if he hadn't been running around screaming "Look at me!" like a spoiled two year old?

And, again, who sold the kid from Broadus the beer?
Top
Posted by Rob Shipley (+477) 13 years ago
Kacey: Thank you. You are correct in all sanity. Thank you. "Ship"
Top
supporter
Posted by spacekace (+889) 13 years ago
So, I just read the entire article, and this is a waste of space. As far as I am concerned...get over it Mr Hay. You are taking up peoples time, for what... Your as well as their time and energy could be used to do something useful, instead of whining like a baby. Life isn't fair...and at this point, you should realize that, get over it and move on.
Top
supporter
Posted by JCF (+399) 13 years ago
Shipley, a question. How does Noble dismissing a ticket in Miles City Court have anything to do with Nancy Pelosi? Take your meds.
Top
Posted by Rob Shipley (+477) 13 years ago
Amorette: I do not take *particular* exception to what you usually write and write well. I do wish to convey to you a GREAT singular truth however. Your opinion about Dick Hay's military service "in the Truman era".......is no biggy. Please, though, consider this.
In 1996......13 years ago........ONE American citizen....a single clean smart capable Christian American.........the ONLY ONE WHO EVER HAS........(done this.......gone all the way to the U.S. Supreme Court with his *IRS tax fight*)..........is none other than former Billings,Montana resident "Red Beckman". In 13 years the Supremes have NEVER docketed the Red Beckman appeal.........in 13 years.....because......as per the U.S. Constitution.........the sacred SUPREME LAW of the LAND..........Red Beckman is correct......and the IRS and Federal Reserve are wrong. Will the Supreme Court forever avoid hearing the Beckman cause? Is the Pope a catholic?
Top
Posted by Rob Shipley (+477) 13 years ago
JCF: In no need of meds per se. My point was (that you so obtrusively missed) the same sort of LAWLESS ABUSE from unlearned immoral city attorneys is the same venom spewed by Cobra Pelosi.
Duh?
Top
supporter
Posted by JCF (+399) 13 years ago
Ship: You are, per se, in need of meds. You just don't take them apparently. My point was, regarding your Noble/Pelosi connection, that there isn't one. Noble dismissed the ticket Mr. Hay complains of. What else could he do?

Now, what were you convicted of in City Court, that you plan to appeal? Seems like if you were convicted, beyond a reasonable doubt, that you did something wrong. And now you want to use some technicality to get off. That, according to your logic, is something a liberal like "Cobra Pelosi" would do. Be careful.
Top
Posted by BeerNut (+62) 13 years ago
What was the guys name that published the "whistleblower"? For those of you that remember him, imagine what it would have been like on here if MC.com was around for him to use as a venue.
Top
Posted by american (+9) 13 years ago
So I take it from most of the people in this discussion, when times get tough on a person who isn't guilty we should all just turn our heads and let them be punished for a crime that they didn't do. I didn't post this to listen to people say let the old man deal with it, but to make our community knowledgeable and aware of the injustice in our city court. Put yourself in his shoes. Our society has become very harsh and only focused on issues that are important to us, instead of getting involved and knowing about current events in our community. Too bad the world does still turn and days go by outside of the computer life, which obviously many of you don't seem to leave. Hopefully, when someone writes down the wrong time or name, and your convicted, people will stand up for you and not turn and look the other direction.
Top
supporter
Posted by Bridgier (+9297) 13 years ago
BUT HE WASN'T PUNISHED! THAT'S THE POINT! THE CHARGES WERE DROPPED! HE WASN'T CONVICTED OF ANYTHING!

Sorry. My inner capslocker broke free for a moment.
Top
Posted by BeerNut (+62) 13 years ago
Right, but the charges weren't dropped unconditionally, I can see his point. Besides that, when someone is charged with a crime due to an "error", at least an apology is in order. That said, I really don't know the details of the case. I only know what has been said on here, that he wasn;t even working at the time the alleged incident took place.
Top
Posted by Matt Schmitz (+408) 13 years ago
So what happens after the Montana Supreme Court admits they can't do anything? It takes real large money to appeal a ruling to the 9th circuit court. No, I am not donating.
I got railroaded in Sturgis a few years ago. It cost me real money to get out of jail, versus way more money and time and headache to fight it. I payed the fine, for something I absolutely did not do, learned to never put myself in a position that allows that to happen again, and on I go, just like a big boy.
Having said all that, it does sound like the right thing to do is for the involved parties to apologize for any inconvenience they may or may not have caused. It takes a few seconds, probably won't cause any bleeding, and then we can move on and find somebody else to lynch.
Top
supporter
Posted by Bridgier (+9297) 13 years ago
Look, I'm not trying to defend Mr. Noble - for all I know he probably dines on the liver of a baby donkey on the drive up from Broadus (he is from Broadus, right?), and I'm not saying that Mr. Hay wasn't wronged - but to hear some people, he's a mere nail away from crucifixion, even though his initial case was dropped, and his subsequent counter-suit was litigated up through the MT Supreme Court. I can understand that he wants his pound of flesh... but he's exhausted all of his legal avenues, and the only person still making an issue of it is Mr. Hay. He needs a new hobby.
Top
Posted by Kacey (+3153) 13 years ago
Perhaps all Mr. Hay wants is his name cleared. I know several people who were falsely accused of different things in Miles City. It's amazing how the story about how they were arrested makes the news. But if there's anything about the fact that they were not guilty as charged the article is so small you can't find it without a magnifying glass. I come from a time when a person's honor meant something. It angers me to have someone lie about me and my character. And it is just wrong to let people deliberately lie and railroad someone to cover for another who was actually guilty.
Top
supporter
Posted by John Morford (+348) 13 years ago
Mr. Hay stated in his letter he mailed out that he had no recourse but to "commit a public act of civil disobedience" on the third weekend of May when Miles City would be full of tourists. He better pick what he does carefully - after some of the stuff I've seen downtown during the BHS, if his "deed" isn't really big, he might not get noticed!
Top
admin
moderator
founder
Posted by MilesCity.com Webmaster (+10013) 13 years ago
Wow, that sounds a bit spooky. Anyone want to post the last letter he mailed out?

From past posts, I took that he had a major problem with his charge being dismissed "without prejudice" instead of "with prejudice".
Top
founder
supporter
Posted by Amorette Allison (+11902) 13 years ago
His letter was thousands of words in teeny tiny print, front and back, of several pages he mailed to everyone in town. Nobody in their right mind would transcribe it so I assume several folks will be typing away any second now!
Top
supporter
Posted by John Morford (+348) 13 years ago
I scanned it before and made it into a pdf so I could send it to someone. I just FTP'ed it to our website - you can get it here:
http://www.frontierstocky...Letter.pdf

The scan isn't real good but it's readable.
Top
admin
moderator
founder
Posted by MilesCity.com Webmaster (+10013) 13 years ago
Thanks John, I'll post a text version here. Regards, Larry
Top
admin
moderator
founder
Posted by MilesCity.com Webmaster (+10013) 13 years ago
Ignorance Gone to Seed Part II
A Sample of Injustice in Custer County
February 2009

My name is Dick Hay and I live at 316 South Custer in Miles City (where I have lived since 1960) in January 2007 I mailed out a pamphlet telling how I had been refused my constitutional rights to have a trial by a jury of my peers in two different courts in Custer County. After the mailing I changed my mind and decided to appeal to the Montana State Supreme Court and ask that I be granted an opportunity to have my day in court before a jury of my peers and have them decide the issue. The Supreme Court didn't even answer the question as to why I am not entitled to have a jury of my peers decide the issue and instead claimed that they lacked jurisdiction in the issue.

Here is the story of the events that has led up to the city prosecutor, Mr. Noble, inserting knowingly false information about me (lies) into the public record and refusing to correct it. Judge Day refusing to allow me a jury trial to have Mr. Noble explain his actions against me and a Supreme Court that didn't even answer the main issue. I would like to have you read this letter, then discuss it with your friends and neighbors and if you have any questions you can call me at 234-2192.1 must warn you ahead of time that in order for any of this to make sense you should have a large bottle of stupid pills on hand. Some of the information is a repeat of what I wrote in the first letter, but I have included it in order to show the series of events that took place. 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 and decide if this is the type of justice we are entitled to.


My family moved to Miles City in 1959 from Hailey, Idaho, after I had taken a job at the Miles City Star as production foreman. I worked for Star Printing Co. in various jobs until 1970 when a partner and I and a friendly banker purchased the Forsyth Independent. That same year we started a commercial printing firm in Miles City known as H&T Quality Printing. 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 some full blood and purebred registered cattle. In the 1980's we sold the newspaper1l to a group in Forsyth and in 1992 we sold the printing plant and the apartment house, and retired. We have also owned our hone at 3 16 South Custer since 1960.

In the fall of 1993 I went to work on a part-time basis at the M&H 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 lam still working at M&H and also serving meals at Highland Park school.

On Thursday, June 3,2004, I received a letter from Kenneth W. Hom containing a summons. The summons says to appear before the court on or before the 8th day of June. The accompanying complaint 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." Supposedly the unlawful transaction was that Ryan Powell, from Biddle, Montana, and a companion were caught with some beer by the Miles City Police Department. Now I must point out here that Biddle, Montana, is located near Broadus, Montana, where Mr. Noble also has a law office. According to the police report Mr. Noble has a written agreement with Mr. Powell to dismiss the charges against him if he will tell where he obtained the beer. Mr. Powell said he bought it from a "old white haired man at M&H." The reason it could not have been me as I did not work on May 4. At this time my wife was being treated for her fifth bout of cancer and she was in and out of the hospital several times and had medical appointments that needed to be kept and she had an appointment on June 8. They changed the date for me to appear to June 15.

I thought that this should be fairly easy to get corrected. All I have to do is tell Judge Hom that I did not work on May 4 and therefore the charge should be dismissed. So, I showed up at the time I was supposed to and I told him I did not work at M&H on May 4. He said we weren't there to try the case that day, we were there for me to enter a plea of guilty or not guilty. Now, common sense and logic would tell any person that if I was not working that day I could not have committed any crime. A simple phone call to the store manager would have confirmed the fact I did not work on May 4.

So I told Judge Hom I would enter a plea of not guilty and requested a trail by jury. I was then told that a pre-trial conference date was set for August 11 at 11 a.m. I might say now that all these meetings that judges set, everyone who attends it is their job and they are paid for their time . . . everyone, that is, except me. I am supposed to be at a certain place at their convenience.

On July 24 I received a letter from the Noble Law firm in Broadus containing a wad of papers. One of the documents is where they begin to refer to Ryan Powell as the "victim." Remember he is the person who was caught illegally possessing alcohol and lives in Biddle, next to Broadus, where the Noble Law firm is located. 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 21 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. 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 predetermined outcome of a trial.

At the beginning of the conference on August 11 I told them that I didn't see any use in going in farther with the hearing as I did not work at M&H on May 4, therefore I could not have sold any thing to anyone. Now they are either too dumb or too lazy to pick up the phone and call the manager and ask if I worked on May 4. Of course, if common sense, logic and evidence is going to mess up your predetermined outcome of the case and show that the "victim" from Biddle (next to Broadus where the Noble Law firm is located) it is best to ignore facts that get in the way of your thinking..

At the pre-trial conference on August 11, I explained to Judge Hom 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 a.m. and will not have any money in it until after 5 a.m. 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 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 h
Top
supporter
Posted by Buck Showalter (+4454) 13 years ago
I only got through the first page - boring - but am I to believe that Mr. Noble is the prosecuting attorney against Mr. Hay and the defending attorney for the kid?

This is some crooked ass, Miles City style law enforcement.
Top
Posted by BeerNut (+62) 13 years ago
I don't think that was the case. I read it to mean that an agreement was made to let Powell off the hook, if he agreed to help nab Hays. I am guessing that Hays is hinting that since Powell lives near Nobles home, that perhaps he was given a break, that otherwise maybe he wouldnt have been given(special treatment).
Top
Posted by tjh (+134) 13 years ago
Some dark haired guy sold my under age brother beer!!!
I saw a bonde guy buying cigarettes for a group of junior high kid!!
and I some blondish guy from broadus passed me the other day, in a double yellow, he didn't have his seat belts on, he didn't use his blinkers, his tages were expired, and he had a tail light out, there was a small child in the back seat holding a sign that said HELP!!!..................must've been jeffrey
Top
supporter
Posted by Bob L. (+5100) 13 years ago
This is some crooked ass, Miles City style law enforcement.

---------

OK, that made me laugh. Nice work, Buck.
Top
supporter
Posted by Buck Showalter (+4454) 13 years ago
It's like Hom's SS or something
Top
supporter
Posted by Buck Showalter (+4454) 13 years ago
I don't mean that in a serious Shipley way, just to say that those guys and gals (not gonna forget you ladies, you're all TV badasses too) play by some rules other than those accepted by non-televised police forces
Top
moderator
founder
Posted by David Schott (+17433) 13 years ago
Is there anyone out there who thinks that Dick Hay is anything but a decent, law-abiding American citizen? The kind of upstanding citizen that is the very foundation of this great nation of ours? The kind of citizen we need more of?

Mr. Hay, I don't know what you have planned for the 3rd weekend of May but I hope that you don't do anything that will undermine a lifetime of model citizenship. You don't need to stoop to such levels to prove to your fellow Miles Citians what we already know: That you were never found guilty of unlawful transactions with minors related to the incident that supposedly occurred on or about May 4, 2004, at the M&H gas station in Miles City -- and you were never found guilty for a damn good reason. To do something stupid and break the law in May would be nothing but a shame.

Mr. Hay, my advice to you is to stop wasting your time and effort on this matter. You could instead use your time to do much good for the community as you have done countless times over the years.

Further, if at any time you are ever denied any benefit, service, employment, etc. because of the false information you claim that Prosecutor Noble has placed on your public record, then, and only then, do I recommend consulting with an attorney about filing a civil suit against the City of Miles City seeking reparations for the injury/damages caused by the false information. To be honest, Mr. Hay, I don't think there will ever be a time that this will be necessary.

As far I am concerned, you've made your case and won already. I bet most all of Miles City agrees.

- Dave
Top
supporter
Posted by Gunnar Emilsson (+17663) 13 years ago
Miles City, why on earth don't you clear Mr. Hay's good name like he requests?

You people sicken me.
Top
supporter
Posted by Dan Mowry (+1431) 13 years ago
I'm guessing that more people have heard about Mr. Hay's suffering of injustice, seen more people come to his defense, and have it locked in their head that he was unfairly treated by the legal system and is, indeed, a fine citizen in every regard

...than would have had any of the legal recourses actually worked as hoped?

Perhaps in the most important measurement (fellow citizens as opposed to a printed document) he could feel mission: accomplished?
Top
supporter
Posted by Buck Showalter (+4454) 13 years ago
Everyone should send him a letter
Top
supporter
Posted by Bob L. (+5100) 13 years ago
Everyone should send him a letter

--------------------

Or, 1 person should send him 3,000 letters
Top
supporter
Posted by Bob L. (+5100) 13 years ago
I don't mean that in a serious Shipley way, just to say that those guys and gals (not gonna forget you ladies, you're all TV badasses too) play by some rules other than those accepted by non-televised police forces

--------------------

True dat
Top
supporter
Posted by Bob L. (+5100) 13 years ago
On the contrary, it is serving as an incentive for me TO COMMIT VIOLATIONS OF THE LAW. So I guess this will make them liars a second time. I am planning my first action to take place the third weekend in May.

---------------

Mr. Hay:

As my first act of civil disobedience, I would urinate on the Custer County Courthouse.

Oh, wait...I've already done that.

Come and get me, Coppers!
Top
Posted by Matt Schmitz (+408) 13 years ago
Not sure of your age Bob, but you may have to get in line to pee on the courthouse. Once, being a moron as an 18 year old, as I am sure some of you can attest, I have vague memories of peeing on that building myself. Not at all sure what may have been accomplished by that act, but I am sure my cause was a noble one. It had to be noble. I was 18 and knew it all.
Again, I think Mr Hay has made his point. The whole damn county wants to string up anybody at city hall. In most cases, and in most counties, we would all find that to be quite satisfactory. Mission accomplished sir.
Top
Posted by Bob Netherton (+1886) 13 years ago
I'm glad Rob Shipley, Miles City's voice of reason, chipped in.

You're right, Matt. Mission accomplished. Sadly, though, there was collateral damage in this war. Mr. Hay's reputation as a law abiding citizen remains intact. His reputation as a SANE law abiding citizen took a little shrapnel, however.
Top
Posted by poisonspaghetti (+286) 13 years ago
Hay should market that letter as a mind-numbing cure for insomnia.
Top
Posted by snickers (+825) 13 years ago
I actually hate to admit it I admire the old guy for standing up for what he believes in without resorting to the violence that we see so much of today when people feel they are wronged and want to even the score. I am not saying whether he is right or wrong but at least he is finding a creative way to deal with his anger (and grief about the loss of is wife) about the situation.
I just hope I have half that much energy when I am his age.
Top