Alt+left-arrow to return from a link

Full-text: October 28 2003
Protest zones: “No War for Oil” (October 24 2002)

Filed, OCT 28 2003, Larry W. Propes, Clerk, Columbia S.C.

United States District Court for the District of South Carolina Columbia Division

	)
United States of America	)
)
vs.	)
)
Brett Bursey	)
	)

Motion to Dismiss Based upon Selective Prosecution

Now comes the defendant, Brett Bursey, and moves this Court to dismiss the Information against him. The Information should be dismissed because this prosecution is based upon his exercise of protected First Amendment free speech rights critical of the President of the United States; further, others present in alleged “restricted zone” were not arrested or charged with any criminal offense.

Defendant requests that this motion be heard at the close of all evidence presented at the trial of the case.

The Court is asked to consider in support of this motion:

1) the facts as found by the court at the conclusion of all {p.2} evidence presented at trial;

2) all Exhibits (#1-6) presented by the defendant at the Pre-Trial Conference/Hearing held on August 27, 2003;

3) the attached Civil Complaint filed on September 23, 2003 in the United States District Court for the Eastern District of Pennsylvania bearing Civil Action No. 03-4312 (attachment #1);

4) such other evidence and exhibits as may be later submitted in support of the motion.

Respectfully submitted this 28th day of October, 2003.

{Signature}

Lewis Pitts, Esq.
1030 Carolina Avenue
Durham, NC 27705
(919) 416-1762
Federal Court # 3068

Rauch Wise, Esq.
305 Main Street
Greenwood, S.C 29646
(864) 229-5010

{p.3}

______________________

Certificate of Service

I hereby certify that I served a copy of the above Motion to Dismiss Based Upon Selective Prosecution on Assistant USA John Barton by hand delivering a copy to his office on October 28th, 2003.

{Signature}

{B.A. Bursey}

B.A. Bursey

______________________

Attachment 1

Amended Complaint (Sept. 23 2003), ACORN v. City of Philadelphia (E.D. Pa., No. 2:03cv4312-JF, filed July 24 2003) (protest zones).

Source: Photocopy of a duplicate original (the court’s file copy), scanned to pdf.

By CJHjr: Converted to text (OCR: FineReader 6.0), formatted (xhtml/css), links, text {in braces}, highlighting.

This case: United States v. Brett A. Bursey (D.S.C., No. 3:03cr309 {175kb.html}, criminal information filed March 7 2003, jury trial denied June 4 2003, bench trial Nov. 12-13 2003, bench trial Nov. 12-13 2003, verdict Jan. 6 2004: guilty, $500 fine (Bristow Marchant, U.S. Magistrate Judge), district appeal docketed Jan. 13 2004, affirmed Sept. 14 2004 (Cameron McGowan Currie, U.S. District Judge), circuit appeal docketed Oct. 7 2004, affirmed July 25 2005 {64kb.pdf, 64kb.pdf}, rehearing denied Sept. 8 2005 (4th Cir., No. 04-4832), petition for certiorari docketed Dec. 14 2005, certiorari denied Jan. 17 2006 (U.S., No. 05-767).

Previous: Court’s Order Denying Defendant’s Motion to Dismiss for Vagueness (Oct. 20 2003).

Next: Transcript of an Excerpt of Non-Jury Trial, Nov. 12 2003.

See also “Other Secret Service protest zone cases” on the docket-sheet page. Brett Bursey

This document is not copyrighted and may be freely copied.

Charles Judson Harwood Jr.

CJHjr

Posted Dec. 16 2003. Updated June 5 2008.

http://homepage.ntlworld.com/jksonc/docs/bursey-dsc-d62.html