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Our case, Snohomish County Follies

UPDATE: My Case (so far)

I am 1 day away from my appellate hearing in Superior Court.

So far:

1) I have not received the transcripts
2) I have not received a copy of my attorney’s brief
3) I have not received a copy of the city’s brief
4) I have not received any of the records I requested
5) I don’t know if my hearing is an oral argument or if we just wait for a review
6) I still have no idea what outside firm is representing the city

UPDATE: I just talked to my attorney & the reason the courts are not showing a brief from the city is because they have not submitted theirs yet, he tells me that they just wanted to ask him a question about his brief & they are going to ask for a 30 day extension. I explained to him that is what the hell a rebuttal is for, that we are not all “girlfriends” making a damn date, & that he was not allowed to agree to anything without my approval, I told him that from the get go, but either he didn’t care or didn’t remember. So I am being held to the same standards as any other attorney in filing my brief yet the city is not??? They have consistently filed late briefs, & responses & there is no ramifications for them.

I have not had a chance to rebutt any of their statements because I don’t know what they said nor do I know if my attorney has even seen it or offered a rebuttal/response. I don’t even know what argument/defense my attorney has offered. He said something about RCW 16.52.207(4) which is an economic affirmative defense but I don’t know how that would apply seeing as how I am being charged with a municipal code not a state code maybe he has something brilliant that I am not aware of, who knows. I don’t. Kind of scary when he shows up for hearings & doesn’t even know what they are for, so I am not holding out a great deal of hope.

I do know that since my court date at Muni Court that the city’s star witness have racked up 40 something charges between the two of them, one of them Jennifer Speelmon is actually in jail on 29 charges but I think you can blame the city of Everett prosecutor for this as 26 of the charges are from Everett & if you remember she was bragging on her facebook page that she was “bulletproof” as long as she testified against me so I think she did whatever she wanted believing they would never touch her.

SPEELMON, JENNIFER LARAINE
Book Number CIN Book Date Race Sex
2012024759 478848 11/21/2012 18:14:00 W F
1) IDENTITY THEFT – 1 ST DEGREE [OVER $1500.00 IN VALUE] (0304140) BAIL
9.35.020(2) $75000.00 SPF EVERETT P.D. 1/3/2013 09:42:00 PC
2) RESIDENTIAL BURGLARY (0231000)
9A.52.025(2) $15000.00 OS  OTHER AGENCY 11/21/2012 18:14:00 WA
3) RESIDENTIAL BURGLARY (0231000) BAIL
9A.52.025(2) $5000.00 SPV  SNOHOMISH COUNTY SHERIFF 11/22/2012 21:11:00 WA
4) DANGEROUS WEAPON VIOLATION – POSSESS, SELL, MANUFACTURE, DISPOSE DANGEROUS WEAPON (0053700) NFLD
9.41.250(3) $0 ETF EVERETT P.D. 11/22/2012 06:25:00 PC
5) DRIVE W/LICENSE SUSP OR REVOKED-3 OR REVOKED LIC OR PRIVILEGE (0763300) SRVD
46.20.342(1)(C) $0 EM EVERETT P.D. 11/22/2012 21:15:00 WA
6) FINANCIAL FRAUD–UNLAWFUL POSSESSION, PRODUCTION OF INSTRUMENTS (0295300) RLSE  9A.56.320(8) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
7) FINANCIAL FRAUD–UNLAWFUL POSSESSION, PRODUCTION OF INSTRUMENTS (0295300) RLSE  9A.56.320(8) $0 ETF EVERETT P.D. 1/3/2013 09:38:00 PC
8.) FORGERY (0300100) BAIL
9A.60.020(3) $0 SPF EVERETT P.D. 1/3/2013 09:42:00 PC
9) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) BAIL
9.35.020(3) $0 SPF EVERETT P.D. 1/3/2013 09:42:00 PC
10) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
11) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
12) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
13) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
14) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
15) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:38:00 PC
16) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) NFLD
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:42:00 PC
17) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) NFLD
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:42:00 PC
18) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150)
9.35.020(3) $0 OS OTHER AGENCY 11/21/2012 18:14:00 WA
19) IDENTITY THEFT – 2 ND DEGREE [LESS THAN $1500.00 IN VALUE] (0304150) RLSE
9.35.020(3) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
20) POSSESSION OF CONTROLLED SUBSTANCE [NO PRESCRIPTION] (0736110) BAIL
69.50.4013(2) $0 SPF EVERETT P.D. 1/3/2013 09:42:00 PC
21) POSSESSION OF CONTROLLED SUBSTANCE [NO PRESCRIPTION] (0736110) NFLD
69.50.4013(2) $0 ETF EVERETT P.D. 11/22/2012 06:25:00 PC
22) POSSESSION OF STOLEN MAIL RLSE
9A.56.010(4) $0 ETF EVERETT P.D. 1/3/2013 09:38:00 PC
23) POSSESSION OF STOLEN MAIL RLSE
9A.56.010(4) $0 ETF EVERETT P.D. 1/3/2013 09:38:00 PC
24) POSSESSION OF STOLEN PROPERTY IN THE 2nd DEGREE (0281200) BAIL
9A.56.160(2) $0 SPF EVERETT P.D. 1/3/2013 09:42:00 PC
25) POSSESSION OF STOLEN PROPERTY IN THE 2nd DEGREE (0281200) RLSE
9A.56.160(2) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
26) POSSESSION OF STOLEN PROPERTY IN THE 2nd DEGREE (0281200) RLSE
9A.56.160(2) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
27) POSSESSION OF STOLEN PROPERTY IN THE 2nd DEGREE (0281200) RLSE
9A.56.160(2) $0 ETF EVERETT P.D. 1/3/2013 09:44:00 PC
28) POSSESSION OF STOLEN PROPERTY IN THE 2nd DEGREE (0281200) RLSE
9A.56.160(2) $0 ETF EVERETT P.D. 1/3/2013 09:38:00 PC
29) TRAFFICKING IN STOLEN PROPERTY IN THE FIRST DEGREE (0542400) BAIL
9A.82.050(2) $0 SPF EVERETT P.D. 1/3/2013 09:42:00 PC

Rose Adams was recently dragged into court after beating her two pitbulls in the head with a bat after she let them fight again only proving my reasoning for NOT bringing my dogs anywhere near her or her crazy dogs. They have also killed 2 of her other dogs sadly.

69137_451609918224191_56713436_nSadie white sadieThis is not the worst fight I have seen between these two girls but white Sadie always gets the worst of it & black & white Sadie is always the attacker. I know that Rose got bit this time & left the dogs like this. Part of what started the crap with her was that I refused to stitch up white Sadie after one of their fights because she needed drain tubes, & I can’t do that so she went batshit crazy on me about it. Thank God her son was around to care for them this last time.

THE CITY MUST BE SO PROUD OF THEIR UPSTANDING “STAR” WITNESSES

Whatever happens it is going to be interesting! I have been fairly quiet about my case because I wanted to get somethings entered into the record before I spoke out or made it public info… this is absolutely groundbreaking for some.

I need to explain first:
I was not charged with cruelty or neglect, the original premise was that I did not have water out 24hrs a day, the thing about any crime that goes to trial is that the prosecutor can change the charge right up to closing arguments which means that during the trial if they think that things are going their way they can change the charge to whatever they want. So they took it a step further & charged me with “Failure to Provide Humane Care” because they couldn’t get me on
1) Failure to provide food ( we had several 40lb bags of food & 2 cases of wet food)
2) Failure to provide shelter (we had shelter above ground & covered in the car)
3) Failure to provide vet care (I had medication for each dog & up to 8 yrs of vet records)
4) Obviously I did not abandon my animals
5) They themselves took pictures of the dogs water bottles

In Constitutional Law there is something called “Void for Vagueness”
Everett Municipal Code 6.04.070(2)
2. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205
a) fail to provide an animal with sufficient good and wholesome food and a
b) constant source of clear potable water,
c) proper shelter and protection from the weather,
d) veterinary care when needed to prevent suffering, and with
e) humane care and treatment;

This only ONE point in all of the Constitutional disparities in the Everett Municipal Codes & in Washington state law, I am only going to discuss this one because it goes across the City & State lines & transcends both.

Language is very important in any law & in any case. The difference between guilt or innocence can be decided by a 2 or 3 letter word, seriously. If you look at the language of the Everett Muni Code it states AND, AND, AND… In other words in order to convict they must prove ALL elements of the crime, now if it said OR OR OR it would mean they would only have to prove that specific element. It might sound ridiculous to you or me but it is the pathetic game that our legal system has become. That is why murderers & rapists walk free.

Normally I would include my entire brief but I am only including the portion that deals with what I am talking about today….

…15) I was never allowed to build a defense, which is my Constitutionally guaranteed right as a “defendant” but if I am reading the statute in plain language it seems to me that all of the elements of the crime must be proven. The language piles all of the elements together as if all of the conditions must be met, it does not say or, it says and and and throughout the whole paragraph. So does this mean that I am supposed to prove or disprove all of the elements or just a select few. I had $70.00 bags of dry dog food in the car & $40.00 cases of wet food. We were in a sheltered car above ground able to be turned off & on so that we had heat so that it wouldn’t get too cold, my animals had more clothes then I did in the car if needed, the water container was on top of the car because they couldn’t drink while they slept, the city ordered vet records from almost all of our prior vets so had access to up to 7 years of vet records which clearly show the dogs were receiving veterinarycare along with the medicine that was seized at the same time as the animals were: Those elements are straightforward, easily understandable, but the last statement which is what I was charged with humane care & treatmentWhat does that mean? At no time was I ever given any statements which would describe the exact nature of the charge(s) against me & at no time have I ever been sure if I was supposed to prove all of the elements or some of the elements. Or even more confusing does Humane Care encompass all of the prior mentions? If it is separate from vet care, food water, shelter, then I submit it void for vagueness The due process doctrine of “void for vagueness” has two central principles. First, criminality must be defined with sufficient specificity to put citizens on notice concerning conduct they must avoid. And second, legislated crimes must not be susceptible of arbitrary and discriminatory law enforcement

“To be consistent with due process, a penal statute or ordinance must contain ascertainable standards of guilt, so that men of reasonable understanding are not required to guess at the meaning of the enactment.”- in State V Smith. Second, the statute must contain ascertainable standards for adjudication so that police, judges, and juries are not free to decide what is prohibited and what is not, depending on the facts in each particular case.– in State v. Foster, 1979

Everett Municipal Code 6.04.070 Prohibited conduct.
C. Offenses Relating to Cruelty. It shall be unlawful for any person to:
(2) Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, fail to provide an animal with sufficient good and wholesome
food and a constant source of clear potable water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment;

The worst part is trying to decipher what this “Humane Care” entails, it is a mystery, if in fact the code said Failure to provide humane care as described below or above, then it would be easy to ascertain that food shelter & vet care provisions gave a definite description but it does not: It defines food water, shelter, vet care & then adds “Failure to Provide Humane Care” as a separate entity of it’s own. 

I am a Vegetarian, to me it is IN-humane to cut an animals throat & let it bleed to death & then to salivate over it’s cooking remains, I still will not go into another persons fridge or freezer only to see the frozen remains of what was once a living breathing feeling sentient emotional being, to some it is IN-humane to leave a dog outside, but some who do, love their dogs just the same, to me it is IN-humane to not allow my dogs on the furniture, hence the reason is is called “fur”niture. Others would never dream of letting their dog sleep with them or sit on their couch, my dogs have their own couch. Some consider raw feeding IN-humane some consider any type of packaged dog food IN-humane & cook for their own animals. Some folks consider it IN-humane to leave a dog out in the back yard all day long while at work, others think it is Humane to use a dog to hunt with while some consider that a double In-humanity. To some ear & tail docking is IN-humane but to others it is beautiful. While I understand the need to protect animals, even more so as an animal rescuer, I have seen things no one should ever have to, but there has got to be a very clear line drawn at laws that destroy our Constitutional Freedoms & Rights. To me these are my children with four legs fur & a speech impediment, they mean as much to me as any human being, would the courts consider it more humane to dump your children because you were temporarily homeless to be killled?

Now this is only dealing with my case, because of them trying to overshoot, if they had simply charged me with not having water out 24hrs a day it would’ve been an easy win that I would’ve had to have taken to the state Supreme Court.

I am sure there are huge ramifications with my case, & it will be a very sad day for Animal Welfare if my case goes to the State Appellate courts because then it becomes case law. I think my case is the only one I have ever heard of with this charge, maybe because I am the first one or because the courts know better then to let it go to the State’s Appellate or Supreme courts but maybe it could be the shake up & wake up this state needs to finally get some comprehensive & Constitutional laws on the books.

At first I carried guilt about this but after all of this time it hit me, the laws aren’t working, that is not my fault.

EXAMPLE #1 – A man caught on video tape raping the family pit bull – Acquitted. – He lost nothing but the dog was destroyed – killed – Extensive criminal History

EXAMPLE #2 – A woman with 30 healthy well cared for dogs who wrote a scathing article about the idiotic animal laws in her county (which they have since abolished) – Convicted – She lost all of her animals, her home is in foreclosure, she lost her reputation & work in the legal field, & her health, (because of medical treatment being withheld she needed immediate open heart surgery after her release) – No criminal history

EXAMPLE #3 – Ella Stewart, Rene Roske, & Wilma Dyreson Puppy Millers allowed to torture & abuse animals for decades & the new puppy mill laws actually PROTECTED them & STILL continue to protect 100’s of others just like them. Not only did it exclude them but it actually helped them beat their competition! What the hell????

Something needs to change, very drastically.

16.52.310. Dog breeding–Limit on the number of dogs–Required conditions–Penalty–Limitation of section–Definitions
(1) A person may not own, possess, control, or otherwise have charge or custody of more than fifty dogs with intact sexual organs over the age of six months at any time.
(5) Subsection (1) of this section does not apply to a commercial dog breeder licensed, before January 1, 2010, by the United States department of agriculture pursuant to the federal animal welfare act (Title 7 U.S.C. Sec. 2131 et seq.).

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About Brandia

I am an animals rescuer, a mother, a grandmother, a minister, & a human being who is tired of all the corruption going on in our state.

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