March 22, 2005

On Monday, March 14, 2005, I called Mayor Rick McCully at around 9:45 a.m. and got him to finally agree to investigate the situation by which Joe and Sherry Trehan were unlawfully violating Granby City Code 410.130 and the 410.150 penalty provisions by refusing to hold a hearing before unlawfully placing a trailer house in the lot just north of 337 Rabbit Track Road. Mayor Rick McCully said that Jo Ann Lamp, Sherry Lamp Trehan's aunt working at City Hall had given Sherry permission to violate the ordinance. I asked Mayor McCully if he was aware of the provisions of Granby City Code penalizing per day as a misdemeanor punishable by a $500 fine and/or 90 days in jail, and McCully said that he "must have read it 500 times." But not to worry, that Joe and Sherry Trehan had been notified that they would have to hold a hearing. And that McCully would measure off the property to see if it was within 185 feet of his rental property on Cobb Hill Road, and if so, would vote "yes" to let them place a double-wide in there. That McCully had always hated trailer ordinances and had brought the matter up at the city council meeting on March 7, 2005 in order to bring this matter up because it bothered him, and he wanted to either tighten them up, knowing that JoAnn Lamp had given permission for Sherry Lamp Trehan to put in a double-wide, or, preferably, to do away with the ordinances regarding trailer houses altogether. I said that this would mean that those who had been forced to obey the law previously might well have a matter of litigation against the City of Granby. Rick McCully acknowledged this. I then asked McCully if Joe and Sherry Trehan had already printed up the notices and when the hearing was supposed to be. McCully then admitted that they hadn't even proceeded with even petitioning the city council first (which I knew), much less having printed a hearing announcing a meeting. I then pointed out that by placing the double-wide, as a manufactured home on the property, that they were in effect already violating Granby City Code 410.130 which calls for placement of the mobile home with the permission of the "Board of Aldermen to be granted only after a public hearing has been called having given at least ten (10) day's notice by placing a notice in a newspaper circulated in the City of Granby." Granby City Code 410.130 (A). Therefore, Joe and Sherry Trehan were already in violation of Granby Ordinance, thanks to the encouragement of JoAnn Lamp, and now thanks to Mayor McCully, unless of course Mayor McCully wanted to talk to the crews of the truck now placing the illegal structure at present. Was Mayor McCully going to enforce Granby City Code 410.130 by informing the crews that they were to cease and desist illegal placement of a manufactured home immediately? McCully changed the subject and said that Joe and Sherry Trehan were absent from the site (myself and Mayor McCully were speaking on the road outside the lot). I said that they had made themselves scarce for just that reason so that they couldn't be made to send the trucks back. Was McCully going to have them summoned to court to explain their lawlessness? McCully said no. I said that there would doubtless be litigation over this matter, and the City of Granby would have to explain why it wouldn't enforce its own laws equitably.

Then around 4:30, Joe Trehan and Floyd Lamp were over across the street, resurveying the property line. Joe Trahan admitted that the chicken house/root cellar was my property, but only a foot or so was on my property and therefore he had 'a right' to tear it down. I told Joe to not tear down anything he would have to replace. Floyd Lamp got flustered and threatened to assault me. I told Floyd Lamp to stay off my property or I would charge him with trespassing. Floyd again threatened to beat me up and I told him that if he did, it would be by trespassing and he would be charged with both trespassing and assault, and since I was bigger and younger than him, he might get his ass-whupped as well. Joe Trehan refused to let me look at his survey. When I asked him if it was true that he hadn't paid my brother yet he showed me the first page of what looked like a warranty deed. Joe asked Floyd to shut up. Eventually they came to around to the chicken house and Floyd threatened to whip me again and crossed the line. I looked for a nice two by four to welcome him with and Floyd, frustrated, tore off a board off my chicken house. I then went back across the street and got out my video camera and called the Granby police. For all the talk that they were not scared of the police, Joe Trehan and Floyd Lamp were alerted by Ralph Lamp's police scanner radio and drove off around a minute or so before the Granby Police arrived.

Granby Police Chief Beshears, Chris Moreland, and T. Jeffers were there. Beshears didn't like the video camera running as it has caught him in a lie plenty of times before, and claimed that I didn't need to run it if I was making a complaint, and I said that I would keep it running because I wanted it to run. Beshears tried to argue that this was a 'civil matter' and I informed him that trespassing and property damage was a crime. not a civil matter and I wanted to press charges. They left me some sheets of paper around 5:30 p.m. and I walked down to the Granby City Hall to witness happenings at the Granby municipal court, as is my standard policy. On the way there, I talked to Mayor Rick McCully, explained to him what was going on. McCully said that JoAnn Lamp was the one who had given Joe and Sherry Trehan permission to move in without a hearing. But McCully had gotten in touch with Joe and Sherry Trehan and told them that they had to have a hearing. I informed Mayor McCully that the Granby Code said that they had to have a hearing before moving a trailer house in, and that therefore their doings were illegal. Mayor McCully should have told them that they were subject to a $500 fine and/or 90 days in jail for the violations occurring. McCully said that it was due to a misunderstanding. I said that if a law was passed, and enforcement was demanded, claiming that a 'misunderstanding' occurred didn't cut it. What was Mayor McCully doing to ensure obedience of Granby Code, other than making excuses for its violation? The answer, of course, was nothing. Rather, McCully was aiding and abetting the violation of city ordinance, and trying to help select criminals who were engaging in crimes against private property run wild lawlessly.

At the municipal court I filled in the 'Voluntary Statement' and when municipal court was over I talked to Granby City Attorney Brett A Day. I mentioned what was happening and said that I wished to file trespassing and property damage charges against Floyd Lamp. Attorney Day said that I was making work for him. Considering how many pore sheep he had just processed for no other crime than "Driving While Poor And White" I considered that to be nonsense, but I repeated that I wanted misdemeanor charges brought against Floyd Lamp. Attorney Day asked why it wouldn't be easier for them to simply swap the chicken-house for my approval of them putting in a trailer house. I said that this would make it indeed easier, but that neither Sherry nor Joe Trehan were inclined to see reason, especially since they thought that they could put in a trailer house with City Hall collusion.

At around 3:00 p.m. Wednesday March 16, 2005 I noticed that the entire back of my chicken house and half of the roof had been torn off. I called the police and Police Chief Beshears came back with Chris Moreland. I showed them the damage, and said that I wanted additional charges brought against Joe Trehan and Floyd Lamp. Police Chief Beshears told me that the City Attorney didn't want to bring charges. I said that it didn't matter what some people didn't want, that they were supposed to obey the law. Some more pictures were taken and then they left around 3:25 p.m.

Around 12:30 p.m. Thursday March 17, 2005, I encountered Granby City Prosecutor Brett A. Day, who informed me that the reason no charges were filed was because no police report had been filed. Certainly I didn't think that he would cover this up and refuse to file charges. I said I didn't know what to think. Attorney Day said that according to law, if the damages equaled or exceeded $750, then it was a Class D felony property damage. We talked a while of other matters.

Later that afternoon, I talked to Granby Police Chief Brandon Beshears. I said that I had earlier talked to Brett A. Day and he said that he hadn't filed charges not because of a refusal, but rather because he hadn't gotten a police report. Why was that? Because they hadn't gotten around to it, said Beshears. I said that so far, I was willing to only file a misdemeanor property damage report, but once it got to $750, then it became a felony. Beshears said something which indicated that he knew that $750 was the point at which this matter became a felony. I asked Beshears to go and tell Joe Trehan and Floyd Lamp that a felony charge would cost a great deal of money and to refrain from further damaging my chicken-house because I viewed just the aboveground structure as being worth more than $750 since it would cost that much to replace. If I had to, I would be filing felony charges.

Around 12:04 p.m. on Saturday, March 19, 2005, I seen activity over at my chicken house. Amalie Baldwin, James Baldwin and Chris Davis were removing Amalie's property from my chicken house. I got my video-camera and called the police. Sherry and Joe Trehan were yelling at me and I had no objection at them furnishing me with more ammunition for suing them. I complimented Amalie for removing her property before the elements destroyed it thanks to Joe and Floyd Lamp tearing the north wall and half of the roof off. I asked if Amalie was going to actually combat the Newton County Division of Family Services, Newton County Juvenile Office and Judge Kevin Lee Selby taking her kids away from her. She said that she wasn't going to talk about it to me. I countered with that it was thanks to me writing a motion for them all night Wednesday and Thursday morning that they hadn't already been taken away by Doug Baugh and Kevin Lee Selby with the collusion of her lawyer Christine Rhodes on Thursday, but it was just a matter of time before the continuance until Tuesday, March 22, 2005, let them proceed. Even then Amalie and James were so self-righteous. They said that they would come back for the rest of their stuff later. I said that Joe and Sherry Trehan had said that they wouldn't tear down my chicken house until they got all of their stuff out, but Joe and Sherry had proven liars since they were already tearing away on my chicken house, exposing their stuff to the elements.

Chris Moreland came over and said that the city attorney was looking into whether there was property damage involved or it was a civil matter. Joe and Sherry Trehan argued that it was not and said that they were going to tear my chicken house down. I pointed out that it was my property which was on the line, had been for 40 years, and I valued the root cellar and chicken house at $2500. Since no further damages were taking place under the eye of the policeman, I simply said that I would stay on my side and film the proceedings. Chris Moreland talked with Joe and Sherry at length. Then Moreland left, and I left Amalie and James Baldwin to remove their property they wanted.

At 4:35 p.m. Saturday, March 2005, I wanted to mail out a letter before the post office picked it up at 5:00 p.m. last delivery. I looked out and saw no activity and so rode my bicycle to the Granby Post office. I waited for 15 minutes to make sure my letter was in the last pick-up and saw Steve White, Granby City Councilman and husband of Bobbie White, the postmistress of the Granby Post Office driving a van truck. I put the letter in the box, then mentioned my problems with Joe and Sherry Trehan wanting to put in a trailer illegally. Steve White is the anti-trailer vote on the City Council. White claimed no knowledge of the matter. I explained to him that Rick McCully and JoAnn Lamp were obviously encouraging Joe and Sherry Trehan that they can violate the municipal ordinances and get away with it. Steve White said he'd look into it. Since he had to drive the postal truck to Springfield, I got on my bike.

When I arrived at 5:04, Roxie had just got home in time to see me riding my bike up the hill. I looked over my shoulder and seen that the chicken house had been pulled down and was nothing more than a pile of rubble atop what was left of Amalie Baldwin's and my property. I immediately called the Granby police. Joe Trehan was driving his pickup truck around, as if deciding whether or not to face the police, then decided to flee. I taped the truck moving and saw Brian Lamp in the back seat of Joe Trehan's pickup truck with six tires.

After 15 minutes, Granby Police Officer Chris Moreland arrived, talking on his cell phone. I asked him if he was receiving orders, and he said that the Granby City attorney was researching whether the law said it was indeed property damage and other matters. I said that I had already discussed the matter before, and that the damage was over $750 and I wanted to file felony charges against Joe Trehan and Floyd Lamp if Floyd was around, which I suspect that he was, given that Brian Lamp was in the truck babysitting Joe's daughter, Tia. Moreland gave me pages for the report, then went to leave, came back and said that the digital camera was in the back seat, and so he took some pictures. The saplings were bent where Joe Trehan had backed his truck up, attached a rope or chain to my chicken house and dragged three of its walls away and placed them on his burn pile. The tire tracks were fresh. I don't know if Chris Moreland refused to take pictures of the walls pulled away or not. I suspect that he didn't take pictures. However, I took pictures with my video camera.

On Monday, March 21, 2005, I seen two Mexican workers laying down a cinder-block construction sheeting. The actual thing holding the trailer house up is not a foundation but rather cinder blocks under the I-beam trailer construction for when it was taken from the manufacturing plant to the place where it is to be set. These four-inch cinder blocks are not foundations, but rather mere skirting. I videotaped that as well.

On Tuesday, March 22, 2005 at 10:30 I got in touch with Mayor Rick McCully. Mayor McCully said that the Trehans were indeed holding a public meeting. I asked where. Mayor McCully eventually said at 11:00 a.m. at City Hall on March 24th. I reminded him that according to Granby City Code 410.130 (A) that they were supposed to hold this meeting before putting in a trailer house. McCully said that he didn't know this. I said that he should, since he'd read the ordinance 500 times according to himself. The ordinance, which I read, said that "It shall be unlawful for any person to maintain or operate an occupied manufactured home in the City of Granby, . . . " McCully said that since the trailer house was presently not occupied that it wasn't illegal to put it in. I said that this interpretation was ridiculous unless the point of them putting it in before there was any hearing was to leave it vacant. I then read the rest of the municipal code to McCully. I pressed McCully on what newspaper he said that it was in. Julie Bailey, listening in, said The Neosho Daily News. I asked when the Notice of Hearing was published. McCully said March 15th. I said then if this was the case, it was unlawful because 10 days from March 15th was March 25th, not March 24th. Obviously McCully had been in collusion with Joe and Sherry Trehan on March 14th, said that they had to publish a notice for a hearing and make it in 10 days, on March 24th. Caught, McCully lied that March 15th was counted as Day One. I said that was not the case in either a legal manner or the generally accepted manner -- no day is counted until it is gone. McCully said that the City of Granby said that they could put in a double- wide, no problem, and that he wasn't going to make them remove the trailer before the hearing. I asked McCully if it was him and/or JoAnn Lamp who had given Joe and Sherry Trehan permission to violate Granby City Code. McCully said that he didn't have time to talk to me all day on this matter and hung up.

In essence, the Granby Police Department and Granby City Council is aiding and abetting the criminal conduct of Joe and Sherry Trehan. I insist upon felony criminal charges being placed against Joe Trehan for destroying my chicken house over the value of $750, upon Floyd Lamp for the same if it can be proven that he helped destroy my chicken house, misdemeanor charges of property damage and trespassing for his actions March 14, 2005. In addition, I call for the Granby prosecuting attorney to enforce Granby Municipal Ordinance Section 410.150 for each day since March 14, 2005 as a separate offense carrying with it a $500 fine and/or ninety days in jail. In addition, I call for an investigation into City Hall and the Granby Police to see if they have obstructed justice or engaged in a criminal conspiracy to do so.

Most Sincerely Yours,

Martin `Mad Dog' Lindstedt

The preciding five pages are my complaint and voluntary statement



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