Livingston, Montana JP court 11-19-12 Monday 1:30 pm.

Joel Boniek got a ticket for running a road-block last summer. His omnibus hearing was today downstairs in the law complex in Livingston.
The small room was packed, by the time the judge sat down people had brought in extra chairs for the spectators. Judge Linda Budeski put the Boniek case first, saying the room was full of supporters. After that, it did not go well for the judge.
The judge asked if Boniek had received full discovery. Boniek stated that he had not received a copy of the prosecutor's bond, which he had asked for in writing. Boniek had a stack of Montana code books before him, place marked many times. Boniek stated that the prosecutor needed a bond, a license with an oath affixed to the back, and proof of the taxes paid on license. He read the code numbers, constitution phrases and concept and read it quietly to the judge

Judge: who are you expecting to provide this information (bond & oath)?
Boniek: the law says she (Carrick) must provide it.

Boniek then reads from Title 7 and says the county commissioners must examine the bonds of every county employee to make sure they are in place.

" I talked to Commissioner Malone just the other day and he said not only hasn't he done that, he doesn't even know of any bonds. The employees are impersonating county officials".

Judge: "we can certainly issue subpoenas for the information you want.
Do you want to go ahead and set your trial date or do you want to wait?"

Boniek: "I don't see any way that we can proceed until we know that county officials are properly installed and properly holding in office. Otherwise, we have a bunch of County officials fraudulently holding office and nothing can happen."

Judge: "Ok an……. We ah……… can set the next one/month"

Boniek : "the next what one….?

[file position counter 03:15]

Judge … "the omnibus hearing" (to schedule trial date)

Boniek: "I think we should continue the omnibus, we have more matters to attend to…. I'm not sure I have the opportunity next month"

Judge: can we do it next month, do you want to do it in January?

Boniek: "well I'm objecting to you keeping me here….um…It seems to me that we can clear up some of these matters right now."

Judge : I'm not exactly sure how we could clear those up and its certainly not anything I have jurisdiction to …air [?]

Boniek: "well dismiss it and look at the law then"

Prosecutor Kathleen Carrick :"and I'll object to this whole…. This is not the time and place to be doing that. This is to set trial date only. Its not limine motion [pre-trial evidence rule], its not for argument, this is not the proper place to do this"

Boniek: "your honor, why is this woman speaking if she can't prove she is an official officer?"

(multiple people now talking including Carrick)

Judge: "she's a employee of the County"

Boniek: if she is an employee of the County, she needs to have a bond, I just read you the law

Carrick over Boniek (now red-faced): "I do not need to have a bond

Judge over Carrick: that’s entirely up to the county commissioners, that’s a separate branch of the government…. than this one…its not something that I have anything to do with"

Boniek: "uumpha..well maybe it is"

Judge: "well Mr. Boniek, I'm going to say that you are out of order with this…"

At that exact moment a man standing behind the prosecutor and up against the spectator's left wall yelled out "bullshit" as the judge was speaking. The man wore dirty coveralls and a three-corner hat. It was clear by his demeanor that the man was upset. The man continued to berate the court and the judge lost control of the incident. A mild argument ensued between the heckler and a 6' tall man in a dark blue shirt, apparently a plain clothes cop of some sort. Other police were summoned but the man remained, even after the judge quietly left the room.
Someone said "the judge has abandoned ship" and 'who is in charge here?'

Boniek stated that he was in control of the court and dismissed the case against himself. The plain-clothes policemen were arguing with Boniek and the heckler.

A 250-lb deputy came charging into the room and yelled that everyone must leave now. Half of the spectators filed out and half remained standing in the court, including Boniek, the heckler and 4 officers.
As Boniek collected his papers and books, a 5' 7" man in a dark blue shirt accosted him, apparently some kind of policeman. The policeman pointed to Boniek's waistband, which was covered with sweater and coat. The policeman suggested that Boniek was concealing a handgun, to which Boniek denied. The man continued to harass Boniek on this issue until a 6'1" deputy in uniform stated that he was familiar with Boniek's good character and that he could assure the policeman that Boniek had no gun.
Boniek and the remaining 10 people in the room then exited into the hallway to find it lined with a cheering crowd large enough to block the exit entirely.

Nov 24, 2012

Copyright © 2019


Terms   |  Privacy

site index