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Boulder Library Local Author Reading: “Becoming: A Novel” author Bill Magnusson

Sep 13th

Posted by Channel 1 Networks in News

No comments

The Local Author Reading: “Becoming: A Novel” author Bill Magnusson event is scheduled for Tuesday
9/27/2011 at 7:00 PM. The description for the event is: In a plot worthy of an Arthur Hailey novel, six strangers become intertwined in a story of tragedy, perseverance, redemption and love; untimately coming together to discover what makes life truly meaningful.
“This novel is more than a well-written, compelling read. It’s an intelligent philosophical work that caused me to think and examine my life. ‘Becoming’ is one of those rare novels I’ll read more than once.” — Karen Susman, Colorado Author

david lane

Capt. Underpants sues the city Again! Here we go Boulder

Sep 13th

Posted by Channel 1 Networks in Crime

1 comment

In a recent phone call from Seth Brigham to Boulder Channel 1 news , he said that he had retained famed civil rights attorney, David Lane, and planned on suing the city of Boulder for arresting him again. Below is tonights email from Brigham and court documents for discovery. (In full disclosure David Lane is the personal attorney of Jann Scott and Boulder Channel 1 in matters of civil rights violations by the city of Boulder. Seth Brigham has been a columnist for Boulder Channel 1 and has produced videos for us)

Atty David Lane

My lawyer requested all evidence from the prosecutor and from the police department files, has or had, three weeks ago!

The prosecutor has refused to release all the evidence! Nada, nothing.

Tom Carr is essentially the supervisor to the prosecutor.

>My case is open, the charges have not been dropped.

My lawyer is filing a motion this week, but, I think one should wonder about our “Justice System” in Boulder and the ethics of our City Attorney, Tom Carr.

Why is it necessary? What is our City Attorney afraid of?

He was one who wrote up the most draconian Press Release concerning my arrest, and the charges against me regarding the “incident” on June 3rd, 2011.

A defendant may file a motion requesting a subpoena to call forth all witnesses and evidence that could favorably determine the outcome of the case, at no cost.

George Thomas, a professor of criminal procedure at Rutgers Law School in Newark, said he has not heard of a case where prosecutors denied a defendant all access to probable cause and doubts such a practice would be found constitutional.
He said the U.S. Supreme Court has ruled that probable cause must be present before a defendant can be arrested.
He said it is only logical that the defense should be able to challenge the adequacy of the probable cause.
And, I, Seth Brigham, have always maintained that I was arrested without probable cause, and, in fact, the police we’re abusing their positions, had no probable cause to question the homeless group, ID them and do background checks. And, in any case, I did not obstruct any police investigation.
For all of Tom Carr’s harsh rhetoric and lies concerning the case, no wonder he fears to release evidence yet received by my attorney, for example, taped interviews of two witnesses and photographs of the scene.
He is full of himself and was reckless with his statements. He spoke to my attorney in response to my attorney’s “upset” over the unethical nature of his Press Release.
He said he would not apologize or correct his statements in any way. I feel a need to redeem my name.
I’ve been able to find at least four witnesses that seem to have a recollection of the arrest much like mine.
The prosecutor, who told my lawyer that this deferred prosecution had no bearing on a possible civil suit I might pursue in the future, I find it disconcerting that she will now not cooperate.
TOM??? Do you have a response as to why you are circumventing my rights?
Seth Brigham
3383 Madsion Avenue #W225
Boulder, Colorado
80303
720-298-6711”

MUNICIPAL Court, city of boulder,
state of Colorado
Court Address: 1777 – Sixth Street, Boulder, CO 80302
Court Phone: 303.441.1842


 
Plaintiff:
THE PEOPLE OF THE CITY OF BOULDER,
by and on behalf of, THE PEOPLE OF THE STATE
OF COLORADO,
vs.
Defendant: SETH RUBIN BRIGHAM

COURT USE ONLY

Attorney Name: Philip Bienvenu,
206 UCB, UMC 311
Boulder, CO 80309-0206
Attorney Reg. #: 10412
Attorney Phone: 303.492.6813
Attorney Fax: 303.735.5398
Attorney Email: bienvenu@colorado.edu
Case Number:
CR-2011-0009268-GE
Division Courtroom

MOTION FOR DISCOVERY

Defendant in this case agreed to a Deferred Prosecution on 8-17-11. The following week, Defense Counsel informed the City Prosecutor that we wished to move forward with further discovery, in particular any contents of the case file maintained at the Boulder Police Department, whether or not those materials had yet been turned over to the City Prosecutor’s Office for its file. We are aware that such a separate file is routinely maintained in Municipal Court Criminal cases and the materials sometimes not turned over until the eve of trial. We were informed by the Prosecutor Ms. Michels that she considered the case files and materials no longer discoverable because the Deferred Prosecution is in effect. Defendant’s position is that the case has not been dismissed and is in fact subject to reopen on the Prosecution’s judgment call. There is nothing precluding continuing investigation and preparation for possible trial by either party to the case. We therefore maintain that discovery rights have not been waived or abandoned by the Defendant and should be honored as with any pending case not yet dismissed. The only way the Prosecution could cut off further discovery rights under the case would be full dismissal, which has not happened. Delaying discovery burdens and prejudices Defendant’s right to prepare for possible trial and to be ready should that eventuality become necessary. There can be no claim of prejudice or unfair burden on the Prosecution if this request is granted, because these are just rights the Defendant has in any pending criminal case, and concomitant duties of the Prosecution in any pending criminal case.

We therefore ask the Court to Order continuing discovery of all relevant materials in the case, including all material in the Police Department’s case file, including photos, interview tapes and/or notes, and all materials.
Respectfully,

_______________________________
Philip Bienvenu #10412
Attorney for Defendant

Commissioners to jiggle district boundaries?

Sep 12th

Posted by Channel 1 Networks in News

No comments

Boulder County, Colo. – The Board of County Commissioners is now considering a fifth proposed district boundary alignment for Boulder County.

Based on public feedback to the original four options, the commissioners directed staff to draw up an additional option for them to review before making a decision prior to the redistricting deadline of Sept. 30.

Option E is the latest option available for comment and was created according to the following guidelines:
• Keep communities of interest intact (for example, commissioners heard that Niwot and Gunbarrel prefer to be aligned together with east county communities).
• Use clear boundary lines.
• Allow for growth.
o Option E places more population (approx. 100,000) in District 1, which includes the city of Boulder, because it is expected to grow the least. Districts 2 and 3, which are expected to grow more, have populations of roughly 96,000 and 98,000, respectively.

The commissioners will consider all district options and make a final decision at a business meeting scheduled for 10:30 a.m. on Tuesday, Sep. 27, in the Commissioners’ Hearing Room.

Additional comments may be submitted to commissioners@bouldercounty.org.

Per state statue, County Commissioners’ districts must be revised after each federal census to assure roughly equal population per district. Boulder County is divided into three districts and one commissioner is elected from each district by the voters of the whole county.

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