Hi, how are you? I hope good. I think about you. I hope you’re still with me.
So check it out, here’s the latest: turns out I’ve been found guilty of Tampering and Memorialization with debris from a plane wreck on the western part of Santa Cruz Island, when the debris I tampered with and built into a sculpture was on the eastern end. The National Park Service and the United States of America have accused me of something I did not do. I didn't tamper with plane wreck debris from the western end of the island.
The United States of America has attempted to use my Daily Kos diaires against me in this federal proceeding. They're probably reading this, too, so below are two motions I mailed off this week.
Story: http://www.dailykos.com/...
Pictures: http://www.dailykos.com/...
Santa Barbara News Press, March 5, 1949
MARINE FLYER'S BODY SIGHTED ON SANTA CRUZ ISLE
The body of Capt. Jess Thierry Jr., Marine Corps pilot missing since Wednesday, was discovered last night on a rugged 1900-foot mountain peak toward the western end of Santa Cruz Island, authorities at El Toro Marine Base said.
While the Navy plane which discovered the body and the plane yesterday, circled overhead to mark the spot today, 10 Marines, aided by Naval personnel, were traveling across trackless, rugged land in an attempt to recover the remains....
1st Motion
JOHN DE HERRERA
Pro Se Defendant
PO BOX 5888
SANTA BARBARA, CA
93108
805.***.1965
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOHN DE HERRERA,
Defendant
CVB NOS: PO535448, PO535449 (RCF)
MOTION TO GRANT LEAVE TO FILE MOTION FOR NEW TRIAL
Trial Date: May 16, 2008
Trial Time: 1:30 p.m.
Courtroom: 2
U.S. Courthouse
1415 State St.
Santa Barbara, CA 93101
As pro se defendant, I John De Herrera, hereby file a Motion to Grant Leave to File a Motion for a New Trial. I’m sending one copy to Judge Federman, and one copy with U.S. Assistant Attorney Mark Williams.
Three days after trial, via e-mail with Judge Federman’s clerk, there was a miscommunication/misinterpretation as to what I could and could not do after the ruling in regards to Memorialization and Tampering. Besides that, and more importantly, after further investigation and consideration, I have found that I’ve been charged and found guilty of Tampering and Memorialization of an aircraft wreck on the western end of Santa Cruz Island. My actions took place on the eastern end of the island. Therefore I now file this motion. I do so not to strain the court, the judge, or the prosecution, but in the interests of the U.S. Constitution and the rule of law. I explain this further in the corresponding Motion for a New Trial. I ask this motion be granted so that this matter can be properly adjudicated and disposed of.
Dated this 24th day of June, 2008
JOHN DE HERRERA
Pro Se Defendant
PO BOX 5888
Santa Barbara, CA
93108
805.***.1965
2nd Motion
JOHN DE HERRERA
Pro Se Defendant
PO BOX 5888
SANTA BARBARA, CA
93108
805.***.1965
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOHN DE HERRERA,
Defendant
CVB NOS: PO535448, PO535449 (RCF)
MOTION FOR NEW TRIAL
Trial Date: May 16, 2008
Trial Time: 1:30 p.m.
Courtroom: 2
U.S. Courthouse
1415 State St.
Santa Barbara, CA 93101
As Pro Se Defendant, I John De Herrera, hereby file a Motion For New Trial. I’m sending one copy to Judge Federman, and one copy with U.S. Assistant Attorney Mark Williams.
The opening statement by the prosecution at trial was that this case is "simple." The prosecution also stated it did not know what the trial brief entered into evidence by the defense was about, nor understand how it was relative. The transcript shows the prosecution mistakenly took Defense of Necessity as being applied to the hazardous nature of the materials from the aircraft wreck instead of the greater harm the act in question sought to bring to the court’s attention. The fact the aircraft wreck sited by the prosecution at trial is not the same wreck to which the hazardous materials belonged (Exhibit Tab A [Santa Barbara News Press, March 5, 1949]), and that I’ve been charged and found guilty of Tampering and Memorialization of a wreck on the opposite end of the island alone warrants a new trial. The NPS and the prosecution have cited the wrong site. But more importantly, the act in question, as well as why it was committed, has yet to be fully understood and taken into consideration in order for the case to be properly adjudicated.
It is my position that this case is anything but simple, and that the initial trial date was exhausted determining only half of the entire matter: what actually was done, what harm if any resulted from the act, and whether it was deserving any punishment at all. This case is not "simple," but complex, and so far half of it has been neglected. I the defendant have yet to be considered in full, and if so, how can justice be carried out one way or the other?
The U.S. Constitution and the Defense of Necessity are two objective realities, and the prosecution does not yet comprehend why they are relative to this matter, and how they exonerate my actions. I therefore humbly request a new trial in order to record a complete understanding of what occurred and why.
Dated this 24th day of June, 2008
JOHN DE HERRERA
Pro Se Defendant
PO BOX 5888
Santa Barbara, CA
93108
805.***.1965