IN THE CIRCUIT COURT OF NEWTON COUNTY, MISSOURI DIVISION I, AT NEOSHO, MISSOURI Filed 5-19-98 STATE OF MISSOURI ) Plaintiff, ) ) vs. ) Case No. CR498 - 990F ) Alleged Class I Election Offense ) RICHARD J. DOYLE, SR., ) Defendant ) MOTION FOR CONTINUANCE COMES NOW the Defendant, Richard Doyle, Senior to demand a continuance. Defendant points out the following points of fact and law behind this motion. 1. Defendant demanded, and filed, on April 30, 1998 for a grand jury investigation of himself, Prosecutor Greg Bridges, the 40th Judicial District, and the Newton County Clerkís office to determine whether a non-lawyer could run for the office of judge. Also to be determined by this grand jury was whether and upon whom any criminal indictments would be brought forward concerning this controversy of whether the electors of Newton County would have free open elections to choose their judgeships, or whether the elections were unfreely closed to where the people could only choose candidates from among a clique, faction, or combination of legal guild members who comprise less than one percent of the population. See: Constitution of Missouri, Article I, Section 25. Elections and suffrage. -- That all elections shall be free and open; and no power, civil and military, shall at any time interfere to prevent the free exercise of the right of suffrage. Defendant, aware of this provision and other U.S. Constitutional provisions saw fit to run for a judgeship as a Libertarian candidate. Even though Defendant was threatened and extorted by Prosecutor Bridges to withdraw from election, Defendant chose to not be intimidated by the threat of criminal prosecution for exercising his political rights. Whereupon Defendant has been brought forward and falsely charged with a felony election offense by a corrupt prosecutor who demands that judgeships be limited only to Motion for a Continuance 1 Richard Doyle, Sr. State of Missouri vs. Richard Doyle 420 Morrow Neosho, Missouri 64850
his fellow legal monopolists and guild members. Defendant is not being criminally charged upon a complaint brought forward by Newton County election officials, but by an politically interested party without any standing or jurisdiction to file an election complaint. Defendant demanded that a neutral party, one composed of the population, look at the controversy and file indictments if so warranted. This way, if the Newton County election officials have a valid complaint, it can be heard by a disinterested party under law, and if valid, Defendant could be indicted and the Prosecutor could carry out his duty according to law. If the grand jury thought that this proposed prosecution was uncalled for, the grand jury could return indictments for false and malicious prosecution, obstruction of justice, or tampering with sufferage and elections. However, this has not been allowed to happen. Prosecutor Bridges has taken it upon himself, after terrorism and extortion failed to yield results, to make a complaint on his own initiative and absent standing or jurisdiction. Prosecutor Bridges has been allowed by this Court to proceed absent indictment or information. The collusion of this Court, and Judge Perigo, with Prosecutor Bridges is a given. Defendant had to haggle for over an hour with court clerks over whether they would file his Demand for Grand Jury Investigation on April 30, 1998. This in violation of Rule 20.02(a) and 20.04(f), Missouri Rules of Court. The docket sheet was falsified by the deliberate omission of mention of this Demand for Grand Jury being filed. Defendant believes that this obstruction of justice and falsification of the record was aided and abetted by Judge Timothy Perigo. On May 4, 1998, Judge Perigo refused to bring up Defendantís Demand for Grand Jury Investigation. When pressed upon the point, Judge Perigo lied, saying that a grand jury investigation would be after a pre-trial hearing on May 19, 1998 for the purpose of a preliminary hearing to ascertain whether Prosecutor Bridgesí fraudulent complaint would be brought to trial. Since a preliminary hearing is contrary to the purpose of a grand jury indictment as it calls into question the jurisdiction and powers of a grand jury, Judge Perigo in effect lied, because there shall be no provision for a grand jury after a Motion for a Continuance 2 Richard Doyle, Sr. State of Missouri vs. Richard Doyle 420 Morrow Neosho, Missouri 64850
preliminary hearing. Judge Perigo will not allow a grand jury to hear this matter, preferring in collusion with another lawyer-guild member to railroad Defendant for the political crime of not being a lawyer and yet running for a judgeship. Judge Perigo also lied when one moment he said that Defendant was being arraigned and yet again when he said that Defendant would be formally arraigned on May 19, 1998 after the preliminary hearing. Defendant does not acknowledge the validity of this May 19, 1998 preliminary hearing. If a grand jury indictment against Defendant had been handed down then there could be no preliminary hearing as such would question the power of the grand jury. Rather the purpose of a preliminary hearing is to ratify this bogus criminal complaint brought forward by Prosecutor Bridges. Judge Perigo cannot pretend otherwise. Thus Judge Perigo has chosen to assist Prosecutor Bridges in his maliciously criminal prosecution of Defendant by denying in effect Defendantís right to a grand jury investigation of this matter. Wherefore, Defendant demands that this farce of a preliminary hearing, reached by Judge Perigo and Prosecutor Bridges acting in collusion be put aside, and that a continuance be granted until which time a grand jury investigation of this matter has been concluded. If a grand jury indictment is reached against Defendant, then Defendant will face trial, a trial by petit jury. 2. Defendant has chosen to ask for a public defender to help represent him as co-counsel. Defendant is being charged with a felony and is a poor person with the right to counsel from the public defenderís office. However, Defendant is not giving up control over his case by using this public defender. Defendant is well aware that the public defenderís office is filled with incompetent lawyers under obligation to lose their cases for criminal defendants whom the regime courts choose to prosecute. Most of them are only skilled in haggling with the prosecution over plea bargains. Therefore, Defendant retains overall control over his case, seconded by his counsel of choice, Martin Lindstedt, Chairman of the Newton County Libertarian Party, with the public pretender a distant third in command. Motion for a Continuance 3 Richard Doyle, Sr. State of Missouri vs. Richard Doyle 420 Morrow Neosho, Missouri 64850
However, since both Defendant and Chairman Lindstedt lack objectivity in this matter, the public pretender would pose most of the questions that we write. Defendant applied for a public defender on Thursday April 14, 1998, giving the case number involved. Since the public defenderís office has not responded, and Defendant has a supposed right to counsel, then it is necessary, for this second reason that any railroad of a preliminary hearing be continued until another day, until Defendant has the supposed benefit of a public pretender as co-counsel. Wherefore, Defendant demands a continuance until after a grand jury of the people has brought forth a true bill of indictment against himself, as opposed to this criminal collusion between Judge Perigo and Prosecutor Bridges in convening a bogus preliminary hearing to rubber-stamp a bogus criminal complaint brought forth without jurisdiction or standing; and until a public defender is prepared to act as Defendantís co-counsel under Defendantís control.
_________________________________ Richard J. Doyle, Senior (417) 455-2591 Certificate of Service Defendant hereby certifies that on May 19, 1998 he mailed/personally delivered a copy of this filing to the Office of the Newton County Prosecutor, Newton County Courthouse, Neosho, Missouri 64850.
_________________________________ Richard Doyle Motion for a Continuance 4 Richard Doyle, Sr. State of Missouri vs. Richard Doyle 420 Morrow Neosho, Missouri 64850.
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