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No. 55536
____________________________
IN THE
MISSOURI COURT OF APPEALS
WESTERN DISTRICT
____________________
MARTIN LINDSTEDT -- Appellant/Defendant
VS.
CITY OF COLUMBIA, MISSOURI -- Appellee/Plaintiff
______________________
APPELLANT’S BRIEF
W.D. #55536
Case # MU0197-055121MR
Alleged First Degree Trespassing
_____________________________
Martin Lindstedt
338 Rabbit Track Road
Granby, Missouri 64844
(417) 472-6901
.
Before The Missouri Court of Appeals -- Western District,
in Kansas City, Missouri.
Martin Lindstedt )
Appellant/Defendant )
) W.D. #55536
vs. ) Case # MU0197-055121MR
) Alleged First Degree Trespassing
City of Columbia, Missouri )
Appellee/Plaintiff )
APPELLANT’S BRIEF
COMES NOW the Appellant/Defendant, Martin Lindstedt, to present
his Appellant’s Brief in favor of this Missouri Court of Appeal
granting him an acquittal or a new trial.
Jurisdictional Statement
This action before the Missouri Court of Appeals comes about as
a result of Appellant’s timely filed Notice of Appeal after
sentencing on Feb. 19, 1998 and trial Judge Bryson’s allowing
Appellant to file this appeal in forma pauperis on March 2, 1998.
Statements of Fact
Appellant after several years of feuding with the Missouri
Libertarian Party (MoLP), was "invited" to attend an illegal
expulsion meeting at the Heidelburg Restaurant on April 20, 1997.
Appellant is a duly elected MoLP party officer from the 32d
Senatorial District and Newton County, and thus is a public official.
Appellant was/is suing the MoLP for civil rights violations.
Appellant borrowed a videocassette recorder and proposed recording
this criminal activity to aid his lawsuits. The MoLP leadership, not
wanting to provide more evidence, had their friend, a manager of the
Heidelburg Restaurant, threaten Appellant with a false trespassing
charge if Appellant refused to stop videotaping this public meeting.
The manager of the Heidelburg then had the Columbia
Appellant’s Brief 1 Martin Lindstedt,
Lindstedt vs. City of Columbia, Missouri 338 Rabbit Track Road
Re: WD 55536, Case # MU0197-055121MR Granby, Missouri 64844
Police Department arrest Appellant for ‘trespassing’ and during Appellant’s stay at the police department voted to expel Appellant from the MoLP. Appellant later found out that this manager lost his job of 20+ years, probably as a result of his conduct on April 20, 1997. Prosecutor McKenzie, unable to get the owner of the Heidelburg to file charges, forged the original general complaint and information. Subsequently, through a trial in both the City of Columbia municipal court and Boone County circuit court, Prosecutor McKenzie never presented an information whatsoever because his forgery and alteration of the official record would come out. Appellant was never arraigned because there never was an "information" presented. Therefore, with no information and no arraignment, no court had any jurisdiction to try Appellant. After all manner of collusion between Prosecutor McKenzie and Judge Bryson, on January 15, 1998, Appellant was convicted by a jury after a ten-hour trial of a Class B misdemeanor of violating a City of Columbia Ordinance for Trespassing, notwithstanding that Appellant, as a public official was invited to attend for an illegal expulsion of himself from the Missouri Libertarian Party (MoLP). Appellant/Defendant before sentencing on Feb. 19, 1998 filed several timely motions showing why the jury verdict should be set aside and Appellant/Defendant either acquitted or a new trial granted. Judge Bryson refused to rule on any of the points raised in these motions, which Defendant read into the official record, merely overruling them altogether. Appellant will not waste further paper and resources documenting all the reasons why this Appellate Court should grant Appellant relief when these motions are listed in Appellant’s Appendix in the back. This Appellate Court should be able to see for itself these trial court file-stamped Motions and Exhibits and grant Appellant his relief. Appellant also notes that this Appellate Court does not have clean hands in this matter. Appellant timely ordered the transcripts and trial file in forma pauperis and it was up to this Appellate Court to make the trial court provide these official records which Appellant’s Brief 2 Martin Lindstedt, Lindstedt vs. City of Columbia, Missouri 338 Rabbit Track Road Re: WD 55536, Case # MU0197-055121MR Granby, Missouri 64844
would prove Appellant’s cause. This Appellate Court also refused to
grant Appellant’s valid petition for writ on mandamus on April 15,
1998 for this purpose, as you were supposed to do so. It is past
time that the trial court be made to provide at its own expense
information regarding its misconduct in this matter.
Points Relied Upon and Argument
Appellant’s Appendix containing his filed motions and exhibits
should substantially prove that Appellant should prevail as a matter
of both law and justice. There is no need to rehash the sordid
details of the criminal collusion of Prosecutor McKenzie and Judge
Bryson. Together they conspired to illegally waste the public
defender’s limited resources by railroading Defendant into a jail
sentence, they refused to arraign Defendant because of a forged
information, forgery and falsification of the official records,
refusal to subpoena Defendant’s witnesses, refusal to provide
discovery when asked, misconduct in the rules of evidence,
improper jury instructions allowed and valid jury instructions
forbidden, subornation of perjury of prosecution witnesses, probable
jury tampering, and other prosecutorial and judicial misdemeanors
not mentioned in Appellant’s Appendix of Motions and Exhibits but
which will show up upon a look at trial transcripts. Any one of
these points relied upon should be enough grounds to dismiss this
case in favor of Appellant.
Appellant will in his Reply Brief answer any lies Prosecutor
McKenzie chooses to pose.
Request for Relief
WHEREFORE, Appellant/Defendant requests that this Missouri
Appellate Court (1) overturn the jury conviction derived through
fraud and criminal activity on the part of City of Columbia
Prosecutor McKenzie and Judge Bryson acting in collusion and acquit
Appellant/Defendant of all charges; or (2) as a second alternative
grant Appellant/ Defendant a new trial before a different judge and
jury, and (3) award Appellant/
Appellant’s Brief 3 Martin Lindstedt,
Lindstedt vs. City of Columbia, Missouri 338 Rabbit Track Road
Re: WD 55536, Case # MU0197-055121MR Granby, Missouri 64844
Defendant his expenses from having had to fight this bogus complaint in trial court and upon appeal. Appellant also requests any other relief this Missouri Appellate Court deems necessary in the pursuit of justice.
__________________________________
Martin Lindstedt, Appellant/Defendant
(417) 472-6901
Certificate of Service
A copy of the foregoing was mailed June 2, 1998 to the City of
Columbia Prosecuting Attorney William S. McKenzie, Howard Municipal
Building, 600 E. Broadway, Columbia, Missouri 65201.
Appellant’s Brief 4 Martin Lindstedt,
Lindstedt vs. City of Columbia, Missouri 338 Rabbit Track Road
Re: WD 55536, Case # MU0197-055121MR Granby, Missouri 64844
.
____________________________
IN THE
MISSOURI COURT OF APPEALS
WESTERN DISTRICT
____________________
MARTIN LINDSTEDT -- Appellant/Defendant
VS.
CITY OF COLUMBIA, MISSOURI -- Appellee/Plaintiff
______________________
W.D. #55536
Case # MU0197-055121MR
Alleged First Degree Trespassing
_____________________________
Petitioner’s Appendix Index
1. Invitation for Appellant/Defendant to attend illegal expulsion
meeting of MoLP
2. Motion for Judgment of Acquittal
3. Motion to Set Aside or Grant New Trial Under Rule 29.13
4. Motion For New Trial
Exhibit A. Original Complaint & Information of April 20, 1997
Exhibit B. Forged Complaint by City Prosecutor
Exhibit C. Motion to Subpoena Witnesses and For Disclosure by
Prosecutor
Exhibit D. Prosecutor’s List of Witnesses and Exhibits -- No
Information
Exhibit J-6. Prosecutor’s Jury Instruction #6
Exhibit 5A. Public Defender’s Complaint Concerning Misconduct
by Judge Bryson and Prosecutor McKenzie in wasting
Public Defender resources for municipal ordinance
violations by seeking jail time.
.
.
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