ROY WARDEN DEFIES TUCSON MUNICIPAL COURT JUDGES
December 19, 2008
The Honorable Judge Berning
Tucson City Court
103 E. Alameda
Tucson AZ 85701
Re: CR-8022995, CR-8045759, CR-8013622
Warden Defies Tucson Municipal Court Judges
Dear Judge Berning:
In response to your most recent order setting January 20, 2009 as our next court
date, and your comment regarding “looking at a new list” of taxpayer-paid legal
counsel to represent my interests, please note my following objections and
comments:
1.
Nearly one year has passed since I was arraigned on the first of the above three
consolidated cases.
2.
The Conditions of Release in each of the cases prohibit me from coming within
1,000 feet of public property near the corner of Pennington and Stone which I
have used to conduct the Tucson Weekly Public Forum for the past two years.
3.
During this time I have been prohibited from the free exercise of my political
rights as set forth by the First Amendment of the United States
Constitution.
4.
During our last hearing you informed me the last lawyer you spoke to would be
the last lawyer you would solicit on my behalf and, should he not agree to
represent me, you would cease looking for counsel and directly address the
issues presented by the State’s violation of my constitutional right to a speedy
trial.
5.
Your most recent order, however, informs me the endless search will now
continue.
6.
It appears the Court is continuing to work in concert with the State to deprive
me of my constitutional right to assembly and public speech, a practice
first instituted by Judges Riojas, Cranshaw and Hays, working hand in hand with
Tucson City Prosecutors Rankin and Merritt.
7.
As you are no doubt well aware, such practice has been proscribed by a series of
U.S. Supreme Court decisions dating back to the commencement of the Civil Rights
Movement.
Therefore; please be advised that I will commence the third annual Tucson Weekly
Public Forum on January 14, 2009, on Library Square near the corner of
Pennington and Stone, in direct and intentional defiance of current Municipal
Court Orders.
Should you “consolidate” a new case, arising out of a new violation of my
rights, with the current cases now pending, I will seek injunctive relief in
Federal Court.
You may wish to avoid a constitutional crisis, and a further erosion of the
public confidence in the integrity of the Rule of Law, by immediately rescinding
the current orders which now prevent my speech, or, you may inform the various
judges who issued the orders they may “pound sand.”
In any event, the Tucson Weekly Public Forum will recommence January 14
2009, as scheduled. My right and the right of We The People to gather on
the public square to excoriate malfeasant public officials, including Tucson
City Court Judges, will not further be denied.
Yours truly,
Roy Warden
CC: Tucson City Prosecutor Alan Merritt and all 2,000 judges, lawyers, media
outlets, the general public, citizen activist groups, etc. who are current
subscribers to Common Sense II
For more information, please contact:
Roy Warden
Director, TWPF
(520) 881-0535