From the August 2002 Idaho Observer:
Burgert trial witness lists facts that contradict Daily InterLake lies and deceit
Kalispell case proves oppressive regimes enjoy cooperation from puppet presses
Kalispell-area resident Mike Heit knows Dave Burgert very well. He watched as his friend was pepper sprayed and arrested by Flathead county sheriff's deputies while legaly serving process. He watched as Flathead county tortured his friend by putting a hood on him while the pepper spray burned into him for almost an hour. He watched as the international news picked up the local story that Burgert was part of Project 7 -- a group of militant anti-government extremists that had a lot of guns and bombs and a list of public officials targeted for execution. The international news media dropped the story because it wasn't true. The FBI didn't even conduct more than a cursory investigation because there was no evidence. That didn't matter, since the intended impression had been indelibly etched into the minds of the Daily Inter Lake's readers.
It all started with an angry email last Thanksgiving weekend. Burgert, a seasoned search and rescue volunteer, circulated a rather profane and ill-advised email after a 14-year-old boy needlessly died of exposure. Probably in an effort to boost his chances for reelection in 2002, Sheriff Jim Dupont decided not to call search and rescue when it was learned the boy was missing. It reportedly took the sheriff and his deputies six hours just to find where the trail began. The boy had died of exposure by the time the inept sheriff found him. Burgert blamed the death on the sheriff because he and his crew, who know every rock and tree in the area and who should have been called, would have found him still alive.
There is more to it. Burgert had also taken the city of Kalispell and the county of Flathead to task on several occasions. He had also been serving civil process on corrupt local authorities. One might say that the local corruption had enough of Burgert and decided that he had to go.
The local media participated in the conviction of Burgert. Their crimes in this matter were eloquently stated by Heit, who was just notified that he is now being charged with using profanity on the phone with a Flathead county jailor who was allegedly tampering with Burgert's mail.
The following 4,800-word letter has been edited down for space. The punch line, the final paragraph, is left intact. Indeed, may God have mercy on their souls for what they have done to support the ruination of a country.
Burgert trial witness lists facts that contradict Daily Inter Lake lies and deceit
by Mike Heit
To the Editor of the Daily Inter Lake and Reporter Chery Sabol:
I watched how Ms.Sabol preferred to sleep during the trial for Dave Burgert, and have learned that she was not present at the latest omnibus hearing, from which her most recent article published in your paper was printed. The article is, as usual, full of misleading, derogatory, and defamatory information about my friend and Patriot brother Dave Burgert.
FACT: No legitimate probable cause has been established in the traffic stop of Mr. Cesnik in the beginning of this saga.
FACT: The Montana Highway Patrol officers involved with this case testified to the fact that they had not attempted to verify their probable cause for stopping Mr. Cesnik that night.
FACT: The Montana Highway Patrol and the Flathead county sheriff deputy involved in the incident broke both state law as well as violated both the 4th and 5th amendments to the Constitution for the United States of America. Again, video evidence from the Highway Patrol vehicle bear out this truth.
FACT: The testimony and written reports from the original incident entered into evidence at Dave and Bob's arraignment in Mr. Ortley's court bear truth to the fact that it was Deputy Snyder of the Flathead County Sheriff Department who assaulted both Dave and Bob. That Deputy Snyder in fact forcibly entered Dave's home and committed assault against Mr. Cesnik, Dave Burgert, and committed an act of terror against Mrs. Yvonne Burgert who was in the home at the time.
FACT: Dave Burgert is heard repeatedly stating on the Highway Patrol video tape trying to calm everybody down, stating they were all unarmed and that there needed to be a reasonable, peaceful solution to the situation.
FACT: The so called Probable Cause for stopping Mr. Cesnik as cited by the Montana Highway Patrol was Possible illegal blue lights on his pickup truck.
The media has been directly responsible for the undue bias against Dave Burgert in this case from the beginning. I find this difficult to understand since I know for a fact that you, Ms. Sabol, have seen the video tapes of what has happened in all of the cases involving Dave Burgert, and cried when you saw them!
FACT: There have never been any charges filed against Dave Burgert or any one else involved with Project 7 or the Patriot movement in Montana for conspiracy to kill police, judges or any one else for that matter. You have reported and continue to report, that these charges have been dropped. How can charges that have never been filed be dropped? Could it be because there was no conspiracy, that the accusations were from the mind of a young man who has a long history of severe mental unbalance and violence? That you knew about this truth long ago yet chose to ignore it?
His lawyers asked for the trial to be moved, saying the publicity makes it difficult to find an unbiased jury.
FACT: Judge Warner blamed the media for releasing the allegations against Burgert. He may have been charged in the media with things he didn't do... maybe the press has decided that he's more evil than he could ever hope to be.
David Burgert has been found guilty by the jury of public opinion shaped by the false, malicious reporting and media coverage by you, the television media and many other sources as well as other liberal left wing groups like the Montana Human Rights Network. If the Montana Human Rights Network were truly interested in justice and rights, why haven't they helped to bring to light the activities of the Law Enforcement Community when Dave's home was invaded, when he was falsely accused of the charges for which he was convicted and for the incredible act of terror he underwent at the hands of the Kalispell Police Department?
Ms. Sabol, unlike Ms. Callista Pearson of KPAX television who admitted she had not seen much less heard of the video tape of Dave's arrest on the November charges, where he had a bag placed over his head and suffered a brutal act of terrorism, you have seen it. You know and understand the truth of this fact. Too bad the jury in that trial never saw the truth. Too bad the Foreperson of that Jury is married to a close friend and associate of the Prosecuting Attorney Mr. Harball. Too bad that everyone of those jurors were blatantly lied to and led to come to a decision based upon lies, innuendos and outright deceit perpetrated in large part by you and your cohorts in perjury. Yes, perjury Ms. Sabol, because of your biased, slanted lies and distortion you masquerade as reporting, Dave Burgert has been convicted of a crime that was, in fact, committed by members of the Kalispell Police Department.
FACT: Dave Burgert was lawfully serving process at the time of the assault against him by the Kalispell police and the same Sheriff Deputy Mr. Snyder (whom you chose not to report was under a court order not to have any contact with Dave at the time of his assault against Dave in November) therefore committing a crime themselves since by their own testimony it is a crime to interfere with the lawful service of process! Too bad the jury was not adequately informed of this fact. Judge Warner, I applaud your forthright honesty and integrity in the profound statement that you have made (referenced above).
Warner said he's inclined to move Burgert's trial to Havre and sever it from Cesnik's trial. Warner said he may even combine the assault charge with a felony bail jumping charge pending against Burgert.
Severing it from Mr. Cesnik's charges makes a lot of good sense. Mr. Cesnik failed to stop for the police, though he claims to have a reasonable fear for his life. Why should this incident and any attending charges or trial be made a problem for Dave Burgert, or any other law abiding citizen for that matter? Why didn't the police just leave the scene and seek action against Mr. Cesnik as they eventually did? After all, it was about a possible blue light on Mr. Cesnik's truck. A misdemeanor at worst has now escalated into an unsubstantiated conspiracy of terrorism.
Burgert was represented at an omnibus hearing by attorney Rebecca Dupuis of Polson. He was originally represented by Missoula lawyer Matt Sisler, who was later suspended from practicing law. He was briefly represented by some people in California and was represented last month by Kalispell attorney Don Vernay.
FACT: The summons that Dave Burgert was empowered by the Court to serve was to be served upon the woman whose testimony was the foundation for Matt Sisler's disbarment. Attorney Sisler was merely attempting to serve process in his appeal effort to regain his Bar licensure.
FACT: The people in California were not able to represent David adequately. Therefore David's mother is paying for the horrendous legal expenses for David since he has lost his business because of this case and is now completely bankrupt.
FACT: Before Mr. Vernay stood up to give his closiong arguments, he turned to me in the courtroom at Dave's trial in Kalispell and said to my face and loud enough for Dave to hear, I quit, I am finished with this insanity.
How many acts of brutal agony must Dave Burgert suffer before he is finally given a fair and even venue to defend himself against clear acts of criminal conduct and tyranny? Dave was not represented by Mr. Vernay, he was misrepresented by him and by the criminal justice system is complicit in this conspiracy. Place yourself in Dave Burgert's position for just a moment and tell me how you would have felt when you heard your defense attorney say he has decided to quit on you?
Then, he was convicted by a jury of obstructing an officer and resisting arrest.
FACT: The testimony by critical witnesses in this trial can be proven as perjury. Dr. Ames clearly lied to the jury. Police Officers clearly lied to the jury. Yet neither the defense attorney, the prosecuting attorney or the judge in this case were interested in seeking the truth. The jury had little choice but to convict Dave Burgert, because the deck was stacked against him from the very beginning. The only assurance of Dave Burgert getting a fair trial is to move the venue some place where the deck is not stacked against him. You have done a very effective job of distorting the truth by lying to the public. You have violated your duty to report honest, factual news in a manner that will present all sides of an event and allow the public to determine for itself what to believe.
FACT: At 10:42 AM, Judge Heidi Ulbricht allowed a change to jury instruction # 9 which the jury was instructed by the bench that they, the jurors, were allowed to decide for themselves if a known probability exist that a crime had been committed. The jury was allowed to determine if the threat of force, any other means of force or to threaten force was present at the time of Dave Burgerts arrest. Considering that, at the time of Dave's incident, that law did not exist (and was legislated in response to a recent Montana State Supreme Court ruling involving another act of terror committed by Kalispell Police against another citizen), I must ask: Since when is it lawful or constitutional to use an ex post facto law to convict an American? Should we not expect jurors to make a decision based on the facts of a case not expect them to delve into the realm of trying to decide what may have happened had some unknown act taken place? Better yet, should we not empower a citizens grand jury and seek indictments against Judge Heidi Ulbricht for jury tampering and illegally applying ex post facto laws?
After that, Vernay essentially fired his client, according to testimony. Vernay will still represent Cesnik, however.
FACT: At 11:26 AM according to my wrist watch and notes I taken at the trial (you were blissfully asleep Ms. Sabol so I know you missed some really juicy events taking place right in front of you), Mr. Vernay turned to me and made the statement: I quit, this is insanity, I quit this insanity. Mr. Vernay did not fire his client, he violated his oath. He broke a binding contract to defend Mr. Burgert against the false charges leveled against him by criminals behind badges, criminals wearing black robes, criminals masquerading as lovers of justice.
Mr. Harball in his closing arguments made a statement that, The jury must send a message to the community... well, Mr. Harball, the jury did send a message to the community: What crimes have been committed against Dave Burgert and others, the acts of violence, the lying and perjury, the acts of brutal terror they have committed, both by the Kalispell Police Officers and the Flathead County Sheriff's Department are considered acceptable. These criminals with badges can assault you, invade your home with out due process or a properly executed warrant, they can spray you in the face, the nose, the mouth and the throat, they can place a bag over your head without washing off the chemical and treat you like any jack booted thug of a Nazi regime would be expected to do; and there isn't a thing you can do about it! I hope the message to you is clear in the future Mr. Harball.
FACT: The Police knew before the jury returned with it's verdict that Dave was convicted.
Burgert will be prosecuted by John Connor of the state department of justice. County attorney Tom Esch was one of the people on the alleged hit list of officials targeted by Burgert and a group called Project 7; he withdrew from prosecution because of that. So did District Judge Kitty Curtis, for the same reason.
FACT: Tom Esch, Kitty Curtis, David Ortley, Jim Dupont, Frank Garner, Deputy Snyder, Sergeant Parker (KPD) and others in law enforcement, have committed crimes against not only Dave Burgert, but against all of us. They know it, the FBI and the State Attorney General know it, because Dave Burgert and many others of us have been investigating the abuse, the crimes and the attacks upon innocent citizens by these and many others since 1998 and have turned our facts over to those agencies in hopes that an end to the reign of brutality and criminal activity by these and others in the system will cease. This is why there is a conspiracy to get rid of David Burgert in Flathead County. If these criminals think for one moment that getting rid of Dave Burgert is going to make this problem of accountability they face disappear or go away, or that threats and intimidation, brutality and violence against innocent citizens is acceptable in a civil society, they are deeply mistaken. Project 7 was and continues to be about teaching and preparing for survival, about learning of our Constitutional foundations, so that we can hold our elected and or appointed officials in all levels of government accountable to their prime directive: To secure the rights of the people. All 56 projects in Montana and many around this Republic are united in this cause.
Burgert and Cesnik are accused of choking and hitting a sheriff's deputy. As they awaited trial, Burgert was charged in a separate incident which prompted the obstructing and resisting charges.
FACT: There were two Montana Highway Patrol Officers and one Flathead County Sheriff Deputy at the scene.
Neither of the two Highway Patrol Officers were able to testify at the hearing in Mr. Ortley's court of seeing Dave attack or abuse or assault Deputy Snyder in any way. They did testify that Deputy Snyder entered into Mr. Burgert's home without a warrant, and that Deputy Snyder assaulted both Dave Burgert and Bob Cesnik.
Deputy Snyder, when shown a copy of his incident report was unable to identify a modification made to his original report stating that Dave Burgert had assaulted him. He did testify that the report had been altered and that he thought it had been done by his shift commander.
FACT: The statement of all three officers involved in that original incident conflicted with one another, the only consistent truth among the three reports made by the officers there was the fact that Dave Burgert did not assault the Deputy!
FACT: According to a statement made under oath by a Montana Highway Patrol Officer in the hearing, Judge Ortley thinks there is something criminal or sinister about being a Constitutionalist. The Patrol officer stated under oath that he, ...knew they were Constitutionalist and we feared for our lives.
How can we justify this attitude in our constitutional republic to the millions of veterans who have served to defend the Constitution? How do we account for ourselves as a society when our courts hold and perpetrate an attitude of loathing and mockery of that which many have laid down their lives for? Why would any one fear a Constitutionalist in a constitutional republic such as ours is? Could it be that the dominant media's lies and distortion regarding the Patriot community have created a serious breach of trust between those who serve to protect our liberties and those whom they seek to serve?
Burgert disappeared in January and was additionally charged with bail jumping - a felony. He was arrested after an all-night engagement with law enforcement in the woods west of town. No one was hurt and Burgert was jailed on $1 million bond.
FACT: Dave Burgert was denied justice by a criminal justice system out to get him. I understand your ignorance and fear of reprisal by your puppet masters. Fear of a superior force is healthy. However, cowardice and direct efforts to destroy our Republic is not acceptable. You will be held accountable. Because David was wrongfully charged in the incident at his home, and was almost killed by the brutality of the attack against him; because he was financially bankrupted and ruined by the unconstitutional excessive bail and cruel and unusual punishment by Judge Kitty Curtis and others, David Burgert had a very reasonable fear for the safety for his life and of his wife and family and chose to flee rather than to face the inevitable fact that he would never come out of this case alive. This is still a very real threat. He is not out of the woods yet. And neither are the freedom loving, law abiding citizens of Flathead County either.
FACT: There was a credible direct threat to Dave Burgerts life made the day of his disappearance by members of the North West Montana Drug Task Force agency (Flathead County Sheriff members to be specific) which prompted Dave to flee. The County Sheriff knows this. It is in a report made by one of the Detectives involved in this case. But knowing Jim Dupont for the Constitutionally ignorant man that he has shown himself to be, I suspect he is too dishonest to admit this fact. That's ok, Mr. Dupont, it, and some interesting evidence of drug use and distribution in Flathead County will come out some day at a fair trial. Also, some very strange and unusual activities are taking place on your watch, Mr. Dupont; murder victims bodies being cremated without family permission, and bodies never showing up at the state crime lab. The list goes on and it is long and sordid, Mr. Dupont. Through the process of exposure and truth you will be held accountable for this and many other things.
(Warner said Cesnik's trial will be held Aug. 28 in Kalispell. Burgert's will likely be scheduled for September or October).
Isn't this an interesting statement on your part, Ms. Sabol. First you report that the trial may be moved to Havre, that it may be separated from the Cesnik trial and that it may be combined with the bail jumping charges. Seems to me that you don't have a solid grasp on reality, Ms. Sabol. If Judge Warner says it will be held that way, don't you think that it will be held that way? I am not so certain the bail jumping charges should be held at the same time however there are obviously reasons why the judge feels they should. After all, if law enforcement had not committed a crime against this man in the first place, there would have been no need for bail and hence there would be no bail jumping charges.
To complete this effort, Ms. Sabol, here are some FACTS I would like you to explore:
FACT: The Constitution for the United States of America, the supreme law of the land, expressly forbids exactly what has happened to Dave Burgert and God only knows how many others in actions perpetrated by Law Enforcement, Criminal Justice and others in the City/ County government system. Why won't you explore these facts and find out how such a crime could happen?
FACT: Deputy Snyder of the Flathead County Sheriff's Department was under a lawful court order to have no contact with Dave Burgert since his assault on Dave at his home prior to the November incident. Deputy Snyder chose to willingly violate this court order and break the law. He committed another assault upon the person of Dave Burgert in November, in collusion with members of the Kalispell Police Department, while Dave was in the act of serving lawful process. Deputy Snyder broke two laws at that point, and quite possibly committed a crime of bodily assault and interference of lawful service of process in addition to previous acts he has committed. Why won't you explore these facts and find out how such a crime could happen?
FACT: Kalispell City Police Officers, in collusion with Chief Frank Garner, have committed acts of violence and terror against the person of Dave Burgert while he was in the act of performing a lawful service of process, a crime they admitted to in the court room of Judge Ulbricht. Why won't you explore these facts and find out how such a crime could happen?
FACT: Mr. Harball's witness Dr. Ames lied and perjured himself in the courtroom. No one in either defense, the prosecution or from the bench, chose to investigate and correct this lie. It was critical in the conviction of Dave Burgert. This is a fact that can be clearly substantiated by a competent attorney under cross examination. Why won't you explore these facts and find out how such a crime could happen?
FACT: IF THIS CAN HAPPEN TO DAVE BURGERT, IT CAN AND WILL HAPPEN TO OTHERS, EVEN YOU!
In conclusion, Ms. Sabol, you and your editor are guilty of jury tampering with your hideous representation of what you call journalism. You have slanted this case and the true facts of it from the beginning. You have aided and abetted in the acts of violence and terror against Dave Burgert, and all citizens of the Flathead. I pray that the Divine Providence so often referred to by our first President George Washington in his many writings, and most eloquently by President Thomas Jefferson in the Declaration of Independence, that justice of the Almighty God shall indeed visit you for your sins of treason against our Constitutional Republic. Surely you have wrought a damnable deed against freedom and liberty, and justice demands an accounting. President Lincoln said it most eloquently when he stated : I fear for my Nation when I reflect that God's justice will prevail.
May God our Creator have mercy on your souls for the crimes you have committed against innocent people.
Note: This letter has not been published, even in part, by the Daily Inter Lake. It has, however, been received. Can you imagine receiving such a letter in response to your work? Can you imagine what Sabol must have thought as Heit exposed, point by point how she had been used to perpetuate the lies and deceit government uses to justify lawless oppression on the American people? (~DWH)
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