Stokes to Council/Judicial Notice of FactsSep "6 09 06:17p John 406 837 2283 p.1
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John Stokes
12887 Raven Way
Bigfork, Montana 59911
406 752 2600
stokes ,a z600.com
UNITED STAES BANKRUPTCY COURT
FOR THE DISTRICT OF MONTANA
In re ) Case No. 09-60265
JOHN STOKES )
Debtor(s)
JUDICIAL NOTICE OF OF CRIMINAL PERJURY AND WITNESS TAMPERING
REQUEST FOR SANCTIONS AND DAMAGES
Comes now the Debtor John Stokes and gives Judicial Notice of Criminal Perjury and Witness
Tampering Debtor also requests sanctions and an award of damages, equal to the harm Creditor
Gardners and City of Kalispell Attorney Charles Harball attempted to cause Debtor_
On August 13`h , and 14t' 2009, In United States Bankruptcy Court, :Missoula Montana, before
the Honorable Judge Ralh Kirscher at hearing on the Trustees Motion to convert to Chapter 7,
the City of Kalispell Attorney Charles Harball willfully and intentionally committed the act of
perjury at the request of Gardners and to influence the court. All three of the Gardners attorney
knew the sworn testimony was false and meant to mislead the court and other creditors.
On August 13`h, 2009 City Attorney Charles Harbal after first being duly sworn, as witness for
the Gardners, was asked under oath if the City had any plans to expand the City Airport. He
answered under oath. "NO" Asked again and he said "There are no plans to expand the City
Airport, there has only been some discussions" regarding expansion. The statement was blatantly
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false and material. He was the Gardners witness. He did so with malace and intent and willfully
gave false testimony in a federal court.
TITLE 18 > PART I > CHAPTER 73 > § 1512
Prev I Text
§ 1.51.2. Tampering with a witness, victim, or an informant
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another
person, or attempts to do so, or engages in misleading conduct toward another person,
with intent to—
(1) influence, delay, or prevent the testimony of any person in an official
proceeding;
2 use or induce any person to —
(A) withhold testimony, or withhold a record, document, or other object,
from an official proceeding;
(8) alter, destroy, mutilate, or conceal an object with intent to impair the
objects integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to
produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been
summoned by legalprocess; or
(3) hinder, delay, or prevent the communication to a law enforcement officer or
judge of the United States of information relating to the commission or possible
commission of a Federal offense or a violation of conditions of probation -'-�
supervised release„ril parole, or release oendino iudicial vroceedinos:
shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Whoever corruotiy—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or
attempts to do so, with the intent to impair the object's integrity or availability for
use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or
attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
(d) Whoever intentionally harasses another person and thereby hinders, delays,
arevents. or dissuades anv person from—
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the United States the
commission or possible commission of a Federal offense or a violation of
conditions of probation u supervised release„D-1 parole, or release pending judicial
proceedings;
(3) arresting or seeking the arrest of another person in connection with a Federal
offense; or
(4) causing a criminal prosecution, or a parole or probation revocation
proceeding, to be sought or instituted, or assisting in such prosecution or
proceed i np ;
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or attempts to do so, shall be fined under this title or imprisoned not more than 3
years, or both.
(e) In a prosecution for an offense under this section, it is an affirmative defense, as to
which the defendant has the burden of proof by a preponderance of the evidence, that
the conduct consisted solely of lawful conduct and that the defendant's sole intention
was to encourage, induce, or cause the other person to testify truthfully.
For the purposes of this section—
(1) an official proceeding need not be pending or about to be instituted at the
time of the offense; and
(2) the testimony, or the record, document, or other object need not be
admissible in evidence or free of a claim of privilege.
(9) In a prosecution for an offense under this section, no state of mind need be proved
with respect to the circumstance—
(1) that the official proceeding before a judge, court, magistrate judge, grand
jury, or government agency is before a judge or court of the United States, a
United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a
Federal Government agency; or
(2) that the judge is a judge of the United States or that the law enforcement
officer is an officer or employee of the Federal Government or a person authorized
to act for or on behalf of the Federal Government or serving the Federal
Government as an adviser or consultant.
(h) There is extraterritorial Federal jurisdiction over an offense under this section.
(i) A prosecution under this section or section 1.50 may be brought in the district in
which the official proceeding (whether or not pending or about to be instituted) was
intended to be affected or in the district in which the conduct constituting the alleged
offense occurred.
(j) If the offense under this section occurs in connection with a trial of a criminal case,
the maximum term of imprisonment which may be imposed for the offense shall be the
higher of that otherwise provided by law or the maximum term that could have been
.imposed for any offense charged in such case.
(k) Whoever conspires to commit any offense under this section shall be subject "to the
same penalties as those prescribed for the offense the commission of which was the
object of the conspiracy.
The City of Kalispell first began planning for expansion of the City airport in 1999 and hired
Morris and Merilee to provide a Master Plan for Expanding the airport. All environmental
studies have completed. The city has even obtained options on replacement land for the KGEZ
towers. The City has been approved for Federal Aviation Administration for Grants for the new
expansion. The City has budgeted in the 2009 2010 for the final stage of expansion. The City of
Kalispell , City airport web page advertises the airport expansion is in the third and final stage.
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This is not the first time The City Attorney and Gardners have conspired together to cause harm
to John Stokes and KGEZ. (See complaint previously submitted)
Therefore Debtor John Stokes gives Judicial Notice of Perjury and Witness Tampering, to the
United States Trustee, United States Attorney and the Honorable Judge Ralph Kirschner,
together with attachments.
If upon a finding the City Attorney gave false sworn testimony then to award Debtor sanctions
and award an amount equal to the damages attempted against Debtor and to also begin criminal
prosecution of the individual involved.
Respectfully submitted,
September 16, 2009
John Stokes
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