Hi, how are you? I hope good. As you may or may not know, I have a federal case on appeal at the California state district level, currently before the honorable Senior District Judge Takasugi.
It involves an act of civil disobedience in which I broke some laws in the CFR (Code of Federal Regulation). One law broken is memorialization--building something in a national park without permission. The other law broken is tampering--being in possession of park property without authorization.
Channel Islands National Park
In so many words, I discovered a debris field of a military plane wreck from the 1940s on Santa Cruz Island, in the Channel Islands National Park. The debris consisted of hazardous materials strewn across a plain, unmarked. I gathered them together at the point of impact, and used them to create a sculpture (which I've titled Macduff).
There is such thing that goes way back into English common law known as the defense of necessity--breaking a law to prevent a greater harm from occurring.
I broke the law in order to bring to the court’s attention a greater harm--the legislative branch failing to carry out a constitutional obligation.
The government recently filed a motion to dismiss the appeal on grounds that I failed to file said appeal on time.
The government cited rulings backing their position: United States v. Zuinga (4th Cir. 1997), citing United States v. Robinson (1960), and United States v. Robertson (D. Montana 2007).
My response to the government’s motion is as follows. I will write up a more thorough diary on this matter sometime next month, but wanted to post what a certain group of U.S. Attorneys will be reading tomorrow.
JOHN DE HERRERA
Pro Se Defendant
PO BOX 5888
SANTA BARBARA, CA
93108
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOHN DE HERRERA,
Defendant )
)
)
)
)
)
)
)
)
)
Case No.: CR 08-01085
RESPONSE_TO_GOVERNMENT’S
MOTION_TO_DISMISS_APPEAL_FOR
LACK_OF_JURISDICTION
I, John De Herrera, Pro Se defendant, hereby file a response to the government’s motion to dismiss appeal for lack of jurisdiction pursuant to Federal Criminal Procedure 58(g) (2) (B).
Respectfully submitted,
March 26, 2009
____________________
John De Herrera
RESPONSE
The appeal in question was filed August 31, 2008 using the form provided for on the court’s website, A-2 (01/07) (attached hereto as Exhibit A). I was subsequently notified by the court that it was to e-mail a different form and return the $455.00 U.S. Postal Service money order sent based on instructions also found on the website.
On September 10, 2008 Intake Supervisor Denise Johnson e-mailed a different form (attached hereto as Exhibit B). The attached document to Ms. Johnson’s e-mail was form M-10 (04/05), which is not found on the court’s website. It was completed and mailed that same day, noting the date originally filed (hereto attached as Exhibit C [highlighted]).
In response to this re-filing the court issued notice from Deputy Clerk Meloni Warren showing it had received the original appeal on September 4, 2008 (hereto attached as Exhibit D [highlighted]).
Court clerks and automated phone recordings directed me to the United States District Court website. On that website Pro Se litigants are provided form A-2 (01/07) to file an appeal. Form M-10 (04/05) is not provided for in the main link (hereto attached as Exhibit E), the Pro Se Packet (hereto attached as Exhibit F), nor anywhere else.
CONCLUSION
The appeal in question was mailed August 31, 2008, but due to a request to file a form other than that provided on the court’s website, there was delay. In light of these facts and documents I request the government’s motion be denied by the court.
Respectfully submitted,
March 26, 2009.
____________________
John De Herrera
PROOF OF SERVICE
I, John De Herrera, Pro Se defendant, declare: That I am a citizen of the United States and resident of Santa Barbara County, California, that I am over the age of eighteen years, and hereby serve a copy of: RESPONSE TO GOVERNMENT’S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
Service was placed in envelopes, sealed, and deposited for collection and mailing via United States Mail to:
U.S. District Court Clerk’s Office, Room G-8
ATTN: Linda Williams CRD to the Honorable Judge Takasugi
312 North Spring Street
Los Angeles, CA 90012
United States Attorney Thomas P. O’Brien, and Assistant United States Attorneys Christine C. Ewell, Mark A. Williams, Sharon K. McCaslin
1300 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
This Proof of Service is executed on March 26, 2009, Santa Barbara, California:
I, John De Herrera, Pro Se defendant, certify under penalty of perjury that the foregoing is true and correct.
_______________________
John De Herrera
The object at the end of the frst day:
The next morning:
Macduff