Showing posts with label Iron County District Attorney Martin Lipske. Show all posts
Showing posts with label Iron County District Attorney Martin Lipske. Show all posts

Jan 27, 2015

Wisconsin Mining Protester Releases Statement

Katie Krow Kloth targeted by Mining
Co. and Corrupt Wisconsin DA
By Katie Krow Kloth of Citizens Concerned about the Proposed Penokee Mine

My sentence to nine months in jail in conjunction with a withheld felony sentence equating to 15 years in prison if I “step out of line” in the eyes of the “state”, was harsh and a classist attack on my beliefs and lifestyle. Judge Fox strives to kill my spirit by burying me in a dying urban hole and desires that I refrain from involvement in the anti-resource extraction struggle; I refuse to be “killed,” and I refuse the idea of coerced complacency.

The “lifestyle enforcement” aspect of my five year probation mandate (post-jail time) with full-time employment stipulation, is culturist, and out-of-touch with today’s employment landscape. Innumerable individuals work seasonal jobs for life in a responsible manner, thus Judge Fox’s ruling is based on the disappearing myth of the white American Dream that supports and enforces a destructive capitalist regime. In conjunction, Judge Fox exploited my sentencing hearing to serve as a symbolic trial for my identity as an anarchist, my appearance, and my ongoing affiliation with indigenous communities, extending to my adamant stance against industrial resource extraction- this is unacceptable, yet predictable. The judge seemingly desires to stifle dissent from all things wild and free, and may as well have based his sentence off a hypothetical book in progress entitled, “White Pride and Prejudice,” as the words fell from his mouth in a narrow, out-dated, and white-male privileged world perspective, and does not support or embrace hunting, fishing, or gathering.

Though I am not indigenous and have never claimed to be, I am grateful and touched to have been welcomed into some of those communities, and maintain that G-TAC and their pro-mine affiliates are waging extreme racist resource colonialism on the land and connected peoples and creatures with the proposed Penokee Mine, potentially the largest iron-mine world-wide, as it would negatively affect front-line indigenous communities of the northwoods bioregion, in conjunction with their traditional ways.

Though I wish no harm on Stacey Saari, a geologist hired on G-TAC’s dollar, it saddens me that she continues to despise the fiber of my being, and continues to support industrial resource extraction that in turn supports death to the poorest of peoples in rural/wilderness landscapes. The cliché’ of “just doing your job” is no excuse to participate in colonial violence via corporate resource extraction.

Exploitation of the land by rich corporate entities continues to persist whilst perpetuating persecution of dissent to such negative acts across the globe, so resistance to these destructive activities must continue to proliferate world-wide. Various incarnations of creative resistance must be embraced to succeed in the struggle against the ongoing violence against our only home, Earth.

Consequently, colonization is everywhere, so decolonization must happen everywhere.

We must “know our rights,” and practice good security culture if we are to support our comrades, and succeed in struggle.

It will do us all good to prioritize organizing as communities and individuals that value consensus and the destruction of exclusionary hierarchies, holding ourselves accountable to our own standards.

It is also important to remember who are allies are, as well as who the real enemies are… a Supreme Court recently ruled that it is NOT a police officer’s job to “protect and serve,” only to uphold the law… the law is written by the predominantly white, colonized, elite 1% ruling class, and that is who the “law” protects- not you, not the land, not people of the LGBTQ community, female-bodied folks, or minorities of any kind. Thus, the law protects G-TAC and their affiliates, and police remain the first line of enforcement against community resistance.

We must negate state repression by protecting ourselves and land-bases therein; we must not give our people up, and recognize that to be in solidarity with one another is more akin to the idea of “harmony” than “unity”. Harmony implies that we can all do different things within the same song, and still find conclusion together.

We must let go of the liberal idea and notion of “hope”; hope is a passive wish; I would rather assert myself and strive toward self determination, leaving fascist hands and ideals behind.

The message must be sent that public dissent will NOT be stifled, as we are living in the 11th hour, the seventh fire, the last grab for fossil-fuel resources… We will not live in the wake of corporate destruction and greed… the anti-police brutality struggles that originated in Ferguson demonstrate inspiring community organizing and resistance we can all learn from, in conjunction with the indigenous people’s struggles at the Unis’tot’en Camp 1,000 kilometers north of modern day “British Columbia”- they never ceded their lands to the Canadian government and kicked out large-scale resource extractors by building a traditional village in the way of a pipeline… five years strong and steady.

In closing, direct action is important, and we must all continue to organize creatively; stay aware of the harms and dangers that surveillance and social media can bring. The internet is both a blessing and a curse; spend less time obsessing over government conspiracies, be safe, and organize around tangible issues that are pertinent to your communities.

In addition, for those who are interested in following the law to the tee until they die, you are a hypocrite, and you are not free; slavery was once legal, electro-shock therapy was once legal, and the nature of the proposed Penokee Mine was once illegal… be on the side of loving common-sense, as tough love takes many forms, not the side of money and fascism.

Ultimately, the Penokee Mine will never be built as it is genocide upon stolen Ojibwe land, its’ indigenous peoples and creatures, and their traditional ways. We should continue to use the land as if it does not belong to RGGS [RGGS Land and Minerals Ltd. of Houston], leased to G-TAC, as it does not belong to them. Treaties aside, if we kill the land, we kill ourselves.

Jan 23, 2015

Wisconsin Is Passive as Out-of-Control District Attorney Runs Wild

"The right to do what the law does not prohibit, without fear of harassment or punishment, is one of the hallmarks of a free society."—Judge Alex Kozinski, Chief Judge, U.S. Court of Appeals for the Ninth Circuit [foreword to Licensed to Lie: Exposing Corruption in the Department of Justice (Sidney Powell, Brown Books Publishing Group, 2014)]
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Updated - A January 18 snow trek through the snow-covered forest in a northern Wisconsin county is felony bailjumping (Wisconsin Statute 946.49), according to Iron County (Wisconsin) District Attorney Martin Lipske, the precise sort of prosecutor with a history of misconduct Judge Richard Posner—judge of the U.S. Court of Appeals for the Seventh Circuit—had in mind when Posner wrote his crucial opinion hitting absolute immunity for prosecutors in Fields v. Wharrie and Kelley, (2014 U.S. App. LEXIS 133) (No. 13-1195).

District Attorney Lipske routinely files felony bailjumping (and other ludicrous) criminal charges, and these charges are not the result of meticulous investigations and objective gathering of facts and evidence by law enforcement.

Two days after January 18, District Attorney Lipske decided, without an investigation, that he had no choice but to file a felony bailjumping charge the day before an environmental protester was to be sentenced for Lipske's latest abuse of process, one could even say a malicious prosecution.

Lipske just wanted more control over the life of the anti-mining activist, Katie Krow Kloth, and this despicable model of a jurist had no compunction that the actions of his office inflicted pain on the 27-year-old Ms. Kloth, and on her family and friends, hence this site's recent characterization of Lipske as a psychopath.

The District Attorney's office of Iron County in Hurley is run by a little man, Martin Lipske, animated by spite, vindictiveness, and caprice, and whose criminal charges typically are not proceeded by investigations of any kind, just a vague contemplation of how Lipske can use contrived charges to achieve his ends as he revels in his world of Iron County.

The gravity of this situation is easily overlooked by Wisconsin media as Iron County is an isolated and sparsely populated county in far-northern Wisconsin, and Wisconsin has myriad issues of the moment demanding attention of the media, the political system and the citizenry.

Martin Lipske is part of the problem.

Martin Lipske's prosecutions slip through the cracks, giving Lipske carte blanche to run his office on personal whims with appalling results, and the regulatory Wisconsin Office of Lawyer Investigation is a case study in administrative law "capture theory," a state of affairs more insidious when the purpose of regulation and the rule of law is the Sovereign embodied by the District Attorney—"the power and might of the government," as noted by an out-of-state jurist.

I have spoken with victims of Lipske's over the last several years, and the shattering trauma of these victims is common in Iron County for both the legally exonerated and the morally exonerated.

DA Martin Lipske Fronting for the Proposed Gogebic Taconite (GTAC) Mine

District Attorney Martin Lipske threw the book at GTAC mining protester, Katie Krow Kloth, for actions at a June 2013 mining protest that would have brought a civil citation of disorderly conduct in most any other Wisconsin county.

But not Lipske.

Kloth was recently sentenced to serve nine months in the Iron County jail, after being charged with four criminal offenses for these actions at a rally against the proposed mine.

Advocating for GTAC and subsequently for the criminally operating Bulletproof Securities, Inc, (Marley, Milwaukee Journal-Sentinel) Lipske defended Bulletproof at a 2013 hearing of Kloth's, a window into Lipske's mindset and corruption of the judicial process for the benefit of GTAC.

Subsequently, Lipske violated a Wisconsin Supreme Court Rule [SCR 20:3.6  Trial publicity] in his pursuit of Kloth, (Mal Contends); vis:

Wisconsin Supreme Court Rule [SCR 20:3.6  Trial publicity]: "(a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter."

Bailjumping Charge

"Acting Judge Sam Filippo set [a $5,000 signature] bond recommended by Lipske under conditions that Kloth have no contact with the [alledged] victim, nor threatening behavior to GTAC or Idea Drilling employees," notes Ralph Ansami (Lakeland Times).

Now, Lipske on top of the four criminal charges, claims that Ms. Kloth allegedly entering the forbidden zone in the public managed forest land in the Penokee Hills last Sunday constitutes "bailjumping."

The "forbidden zone" reference is to the Republican-passed law, 2013 Wisconsin Act 81, effective January 2014 that the GOP designed for GTAC to test-drill and load and transport bulk samples (Wisconsin Public Radio). [Here is the link to Act 81's legislative history and record of committee proceedings.]

This is a not a criminal statute.

"All the right-winger media was abuzz about supposed so-called 'No Go Zones' that Muslim people have set up in cities in Europe where non-Muslims aren't allowed to go. Turns out, the real No-Go Zones are set up by the Corporate Persons in America where non-Corporates aren't allowed to go," noted Bobby L. Clark, a Wisconsin citizen in Iron County and member of the group, Citizens Concerned about the Proposed Penokee Mine.

The proposed mining zone language is basically a trespassing statute that outlines what constitutes a trespass for "Proposed Ferrous Mining Sites, (2m)," as has been widely noted by clean water advocates.

GTAC gets a 600-foot buffer in which to test-drill and transport bulk samples from its proposed iron ore mine.

Wisconsin "Trespass to law" is still the law used to enforce any alleged trespassing.

Trespassing is a civil infraction—and it is quite a stretch for Lipske to call a civil infraction, bailjumping.

No investigation

It would be silly to contend that Lipske conducted an investigation just after the hours of the alleged infraction and found that Ms. Kloth trespassed, and then conclude a felony bailjumping charge must be leveled.

Wisconsin's trespassing law requires some kind of notice. This means if the owner approaches people and says you are trespassing on land and can go no further, you will advance at your own risk.

If you are not actually told this, signage is also required, and the state trespassing law says you need each 40-acre parcel marked, ridiculous for Lipske to mesh these requirements with the "600-foot rule" that the special forbidden zone legislation created, with absolutely no investigation conducted, as Lipske has admitted.

The Trespass to land law reads in part:
(2)(am) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:

943.13(2)(am)1. 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision.

2. If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.

Lipske would have had to investigate and first determine which 40-acre parcel the 600-foot rule affected, ensure that each 40-acre parcel has the required signage, as required by statute, and that Ms. Kloth then intentionally violated the Proposed Ferrous Mining Sites, (2m) and conditions of her bond.

Each 40-feet forbidden zone is not marked, Iron County residents have confirmed.

This Proposed Ferrous Mining Sites law merely creates a right of the owner to close off the land to the public.

Lipske likely will be informed that the state will not be able to sustain a trespass charge against Kloth, meaning there was no violation of her bail conditions in this respect (i.e., no law violated).

As far as the specific conditions of Kloth's bail forbidding her from entering a mining site on GTAC's premises, there is neither a mining site, as defined in state law, nor a premises owned by GTAC that was ventured into by Kloth or anyone else, and moreover no one was encountered Sunday, January 18, as one would expect in the middle of the forest in the middle of January in far-northern Iron County Wisconsin.

That the conditions of Kloth's signature bond were violated is at best silly conjecture accomplished with no investigation, and to file a felony bailjumping charge is an abuse of process intended to cause Kloth harm.

Lipske had operated in this manner for years, thus demanding, at the least, that every case he has prosecuted be examined by an outside agency.

Hyperbole? I wish.

Jan 22, 2015

The 'Forbidden Zone,' a Psychopathic District Attorney and the Soul of Wisconsin

Edge of the Forbidden Zone
in northern Wisconsin
Update: "The Forbidden Zone is a corrupt political construct bought and paid for by people who should be behind bars.It is a special favor for the dark money donor class and should be challenged," said Jeff Silbert, a Wisconsin resident working to stop the proposed massive open pit mine.
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Pete Rasmussen of the Penokee Hill Education Project, offers viewers a compelling narrative of the Wisconsin "Forbidden Zone," created by Wisconsin Republicans and Scott Walker for the Gogebic Taconite (GTAC) mining company in the middle of "the Penokee Range of Northern Wisconsin, home to a proposed massive open pit operation that threatens the water and treaty resources of the Ojibwe ceded territory." (Indian Country News)

For a stunning and powerful video, see Paulette Moore's videos.

GTAC wants to slash open the largest open pit mine in the world in pristine northern Wisconsin, poisoning an entire ecosystem.

Dan Kaufman in the New York Times calls the proposed GTAC mine, "The Fight for Wisconsin’s Soul."

A corrupt Wisconsin District Attorney, Martin Lipske, wants to prosecute a mining protester with a felony crime for allegedly setting foot in the deserted, snow-laden Forbidden Zone in the middle of January 2015.

This writer has listened to and interviewed 1,000s, and I have never spoken with such a repulsive piece of human garbage as Martin Lipske.

The snowshoe trek, (there is a lot of snow in northern Wisconsin), began with "the Lac Coutre Oreilles band of Ojibwe Indians [which] established the Harvest Education Learning Project (HELP]: A five-acre camp in the Penokee Hills of Northern Wisconsin. The group joined local, national and international activists protesting the development of the worlds largest open-pit mine in pristine forest," said Wisconsin resident, Brad Geyer.

Dec 23, 2013

All Charges Dismissed Against Iron County Man in Bizarre, Fabricated Bomb Scare Charge

Farm Defender Accused of Terrorism - By Rebecca Kemble with
Citizens Concerned about the proposed Penokee Mine
- We paid a visit to the Gollubske family in Kimball, Iron County,
Wisconsin. Their buildings, land and underground springs have been
affected by blasting from an asphalt company nearby. Their surface water
and air quality has been affected by the air pollution coming
from the asphalt cooking facility. Bob Gollubske was
arrested last May for terrorism because in his attempts to
seek justice and protect his farm,
he called the FBI and after describing his situation to no
apparent effect he asked the person on the phone,
"How would they like it if I blew up the
Iron County Courthouse?" He was
jailed for 4 days and released on a $10,000 bond.
Now he face(ed) penalties of 10 years in prison.
Bob reports that there are no more trout in the creeks
on the north side of Hwy 2 due to the air pollution and the
shifting granite bedrock from the explosions that has
diverted the artesian spring water to different locations.
He says the only place he fishes for trout anymore is
up in the Penokee Hills, and now they are under threat of
explosives from Gogebic Taconite's GTac bulk sampling
activities. Video of his testimony at the DNR hearing on
GTac's bulk sampling permit.
Iron County Judge Patrick J. Madden defamed 76-year-old Robert Gollubske as causing  "a public furor," terrorizing and threatening to blow up the Iron County Courthouse in Hurley.

These statements are not facts. These statements are lies. Hence, the charges were dismissed by another judge.

Iron County District Attorney Martin Lipske wanted to throw the book at the mild-mannered farmer, Gollubske, because Gollubske last spring and summer had engaged in a campaign against the GTac proposed mine, saying it will result in environmental damage similar to that Gollubske blames dynamiting and controlled explosives inflicted to his farm and home's structural damage and poisoning.

Gollubske spoke about his concerns at the Wisconsin Department of Natural Resources held a public hearing on Gogebic Taconite's Bulk Sampling Permit application and Gtac's pre-application notice on August 15, 2013 on video.

A request for a new judge was granted in State of Wisconsin v. Robert R. Gollubske, known locally as "Barrel Bob" Gollubske, a 76-year-old farmer from Hurley because of his four wheeler.

Price County Circuit Court Judge Douglas T. Fox presided over this morning's hearing.

Gollubske says the same type of damage he attributes to construction and road building companies would be wrought by GTac in Ashland and Iron counties.

Gollubske called the FBI, an assistant at the Iron County Courthouse, among other authorities to warn the community that the mine's explosions could poison and cause unforeseen damage. He is not alone in this assessment.

For his trouble, pro-mining Iron County DA Lipske tried to paint the farmer Gollubske as a "terrorist."

The WCCO list felony "Bomb Scares" in State of Wisconsin v. Robert R. Gollubske (Case Number 2013CF000027).

Gollubske retained attorneys, Jeff Scott Olson and Peter Bear of Madison.

This morning all charges were dismissed. But Gollubske has been through an ordeal, a trauma.

"I feel happy, I feel good. But I gotta tell you after the Iron County Sheriff or whoever arrested me, I now have bad dreams of him holding his gun over me, shaking his hand and waving like he's going to shoot me. I will never forget this for as long a I live. He was shaking and then asked, 'are you Mr. Gollubske?'" said Gollubske.

"I feel happy, I fell relieved, but my wife you know, she had a heart attack over this, a quadruple bypass, and thanks to Marshfield (Clinic). Being called a terrorist, how it felt. I still can't believe I was accused of being a terrorist."

Another thing I want to say is you will never now how it felt when charges were dismissed; you will never know. My thanks comes from my heart, (attorneys) Peter Bear and Jeff Scott Olson, and you know my heart is with them."

I have my health, my wife is struggling, you look at our barns and garages, the rattled windows; it looks like an earthquake if you see it."

"So, I'm the terrorist, but not after this morning," said Gollubske.

Gollubske said he can be reached at the following address in Hurley in Iron County:

Robert Gollubske
Kimball Drive West
Hurley, Wisconsin 54534

Dec 18, 2013

Wrongfully Convicted: Words from Don Miller, innocent freed after 16 years behind bars

Miller with son, Kirk; Kirk became
distraught later and took his life.
Love, forgiveness and peace from Don Miller of Iron County Wisconsin

"I have to be free of hate, no hate in my heart. The judge, Judge Madden [Patrick J. Madden] and DA [Iron County DA Martin Lipske], well, they're people too. I wish them well, may they go in peace. We have to forgive and move on with our lives. There is power in that."

Just off the phone with Don Miller of Hurley Wisconsin in Iron County.

Didn't know what to expect, I just phoned to say 'Hi, and wanted to say 'good luck, dude.'

I spoke with Don Miller from his Hurley kitchen early this afternoon from his parents' home where he'll be spending his first Christmas in 17 years—arrested with no investigation, a prosecutorial abuse of process and, what I believe to a judicial abuse of office handing down a 42-year sentence, after he asked his live-in girlfriend, Connie Vargovich, to move out out after she slept around town in the sexual playground known as Hurley, Wisconsin in 1990s.

Vargovich had a relationship with the presiding judge and the DA.

Miller has served some 5,913 days in prison and jail.

"I have to be free of hate, no hate in my heart. The judge, Judge Madden and DA [Iron County DA Martin Lipske], well they're people too. I wish them well, may they go in peace," said Miller. "I spoke at the hearing and wished Madden, 'good luck' and thanked him," said Miller. "I don't think they were expecting that."

I'm afraid to go to a grocery store, everything scares me, but I know I'm surrounded by love. A lot of people are feeling safe now, and I would like them come forward with what they know. I want to single out the Innocence Project for what they did."

Miller says, in the mean time, "Merry Christmas, I'm home at last."

[Note: This conversation took place by phone and I did not expect Miller to be so talkative. Wasn't even taking notes into a few minutes, so quotes may not be perfect.]

Two things I want to do.

One: Here a link to Chief Judge for the Court of Appeals or the Ninth Circuit Calling his jurisdiction an 'Epidemic' of Prosecutor Misconduct and,

Two: Play Don Miller some SRV. Out to you, man:


Life Without You-Stevie Ray Vaughan

... And the guy that's standing on the ground, that needs some help. You don't walk up and kick him, if you gonna do this, You better wear his shoes for awhile. Because you know what? Trade places with him and he'll pick you up. It's the truth. You better pass around as much love as you can in your lifetime. It's all we really have to give or accept. Are you with me?

Dec 16, 2013

Wrongfully Convicted: Don Miller of Iron County, Wisconsin Is Ordered Freed on Parole

Don Miller of Hurley, Wisconsin appears at hearing in Iron County Courthouse on
Monday. Seated with Miller is John Pray, director of University
of Wisconsin Law School Innocence Project.
Seated behind in the crowd are Innocence Project staff and supporters
of Don Miller. (Photo: Ralph Ansami/Daily Globe)
Update: Don Miller freed from prison after 16 years (Ralph Ansami. Ironwood Daily Globe).
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This site has received word that Don Miller of Hurley, Wisconsin in Iron County has been ordered released on five-years parole today at a hearing this afternoon in the Iron County (Wisconsin) Courthouse.

Thank you Judge Patrick Madden is one meme floating around Iron County today, out of appreciation for his partially correcting an injustice, what this site and national network of advocates see as an abuse of prosecutorial power, and a malicious prosecution of an innocent man.

Wisconsin Court System - Circuit Court Access
Wisconsin Innocence Project attorneys are inaccessible for comment.

Family and supporters are nervous, afraid to talk, and won't be quoted. But Don Miller is going home to the Hurley, Wisconsin home of his parents to be home for Christmas for the first time in 17 years.

Miller has been in prison for some 16 years serving a 42-year sentence since 1997 that this innocent man's advocates have asserted credibly is a "miscarriage of justice," and "malicious prosecution," speaking on condition of background out of fear for retaliation by sitting Iron County District Attorney Martin Lipske.

This development came after Miller's live-in girlfriend was asked to move out of Miller's house after sleeping around the sexual playground known as Hurley, Wisconsin. She lied amid widespread beliefs in the county she and Judge Madden were having an affair before, during the trial and with alleged victim.

Today's hearing was attended by a reporter from the Ironwood Daily Globe newspaper.

Federal corruption statute - 18 USC § 201
Some 25 supporters and family members along with several members of the Wisconsin-Madison Law School's Innocence Project were in attendance.

This site will keep the reader advised, and act and report, as developments warrant.

I will go further, if I am advised of unethical and malicious action, I will dedicate this site to rigorously launch grievances against all parties acting corruptly against this innocent man.