DA in Iron County Drops Crazy Charge Against Clean Water Activist

Katie Krow Kloth was targeted by the now defunct Mining
Co., GTAC, and Corrupt Wisconsin DA, Martin Lipske

The capricious charge of preference for a corrupt Wisconsin District Attorney—Felony Bailjumping—was dropped last week against clean water and environmentalist, Katie Krow Kloth in Iron County court in northern Wisconsin.

Before being rebuffed in January by Judge Fox of Price County for an array of contrived charges against Kloth, Lipske instituted the new felony charge of Bail Jumping, a Class H Felony hours before Fox refused a prison term and instead sentenced Kloth to nine months in Iron County jail for actions at a protest against the proposed GTAC mine two years earlier. (Mal Contends)

Reached by phone, Lipske said there is a forbidden area in the forest of Iron County on which Ms. Kloth set foot in January, and this constituted felony bailjumping.

The Bail Jumping charge was without merit, and had Ms. Kloth been convicted of this malicious prosecution, she faced years in prison. The felony charge was dropped.

Instead last week, Lipske on May 27 stipulated at a hearing to a civil infraction, trespassing, under which Kloth will have to pay the Court: $263.50.

Why would Lipske launch this crazy felony charge in the first place?

Lipske is a corrupt, out-of-control District Attorney who should have his license to practice law revoked, again. (Mal Contends) (Mal Contends)

Mining Protester Motion to Dismiss Denied, Faces Trumped-up Charge by Iron County's Corrupt DA

Katie Krow Kloth targeted by Mining Co. and
Corrupt Wisconsin DA, Martin Lipske

Gogebic Taconite mining company (GTAC) opponent, Katie Krow Kloth, appeared at an initial hearing today on Iron County District Attorney Martin Lipske's charge of felony bailjumping.

Kloth's motion to dismiss was denied.

An evidentiary hearing [Preliminary hearing] is scheduled for Feb. 17, 2015 at 2:p.m.] to determine whether probable cause exists for the criminal process on this charge to continue.

The case is State of Wisconsin vs. Katie M Kloth (Iron County Case Number 2015CF000001).

Kloth appeared in orange jail attire and hand cuffs, an observer said.

The case is manufactured by GTAC and Idea Drilling company working with Iron County officials to throw Kloth behind bars for as many years as it can get a judge to agree.

Not content to front for Gogebic Taconite mining company (GTAC), Iron County District Attorney Martin Lipske is pursuing felony bail jumping charges against Kloth, a mining protester whom Lipske threw the book at for a rowdy political demonstration.

Felony bail jumping charges are the go-to charge for Lipske who is volatile and has a shady history as district attorney; and before that position was suspended for discipline in 1990 for deceit.

After Lipske filed four criminal charges against Kloth for a June 2013 demonstration, Kloth appeared before Price County Judge Douglas T. Fox on January 21, 2015 and received a nine-month jail sentence with seven years probation.

Lipske had asked for a $80,000-plus restitution from Kloth for claimed damages against GTAC, a ludicrous request that was denied was Judge Fox.

Lipske wants the seven-year probation revoked.

Lipske refused to prosecute GTAC's "security" company, Bulletproof Security though Bulletproof acted in contravention of Wisconsin law, after Bulletproof Security's president, Tom Parrella, consulted with Scott Walker's administration in 2013.

Lipske had asked for a $80,000-plus restitution from Kloth for claimed damages against GTAC, a ludicrous request that was denied was Judge Fox.

Lipske wants the seven-year probation revoked.

In 1990, Lipske's license in practice was suspended for two years for professional misconduct.

Mine Protestor Gets Light Jail Sentence, Corrupt Iron County DA Sought Long Prison Term

Katie Krow Kloth targeted by Mining
Co. and Corrupt Wisconsin DA

Updated - Nine-month Jail Term and Small Restitution for Mine Protester and Environmental Activist - DA Martin Lipske's 15-year prison sentence rejected by judge; GTAC's $80,000-plus restitution request rejected by judge [It was originally reported that the sentence is six months, but as the two counts' sentences are running consecutively and not concurrently, the jail term is nine months].

Update: A source in Iron County Wisconsin says Iron County DA Lipske, after being rebuffed today by Judge Fox, is now working on new charges against Ms. Kloth.

Lipske will not be satisfied until he has inflicted as much pain as possible on Ms. Kloth and will contrive virtually any charge in his ongoing abuse of process and malicious prosecution of Ms. Kloth.

The new charge is now Bail Jumping, a Class H Felony, though Ms. Kloth has never missed an appearance.

Reached today by phone, Lipske said there is a forbidden area in the forest of Iron County on which Ms. Kloth set foot.

The case is State of Wisconsin vs. Katie M. Kloth, Iron County Case Number 2015CF000001. Lipske said he is touch with Kloth's attorney, John C. Bachman of Eau Claire, Wisconsin.

Lipske claims that entering the forbidden zone in the Penokee Hills last Sunday constitutes "Bail Jumping."

 "On Sunday, at least 45 people snowshoed into the 'forbidden zone,' an off-limits mining zone in the Penokees established by Gogebic Taconite (GTAC) through the Wisconsin DNR, to peacefully protest the proposed mining in the region," reports Amber Mullen, Ashland Daily Press.

Objectively, Iron County District Attorney Martin Lipske is a despicable human being who should be investigated for misconduct again, and have his license suspended again by the Wisconsin Office of Lawyer Regulation.

Lipske said he had no choice but to pursue another felony charge though the political protest case is effectively closed. 

Lipske does have a choice, it's called prosecutorial discretion, but this human garbage is on a vendetta.
 ---
Katie Krow Kloth was sentenced to serve nine months in Iron County jail before a packed courtroom in Hurley, Wisconsin, and was described by the presiding judge as committing an offense on the low end of the spectrum at a political protest in 2013.

Two sentences of six and three months are ordered to be served consecutively by Ms. Kloth who is eligible for work release and has two weeks to report to jail. "Kloth will have five years of probation with the felony charge and two years with the misdemeanor," notes the Ashland Daily Press.

The presiding judge, Price County Judge Douglas T. Fox, said a prison sentence was not "appropriate," and withheld requested prison sentences, rejecting Iron County DA Martin Lipske's appeals.

Lipske is notoriously corrupt and known for fronting for Gogebic Taconite (GTAC).

GTAC's $80,000 request for restitution was rejected in full.

A different company employee, Stacy Saari, was ordered to receive a small restitution from Kloth.

Ms. Kloth, a 27-year-old woman who had no criminal record prior, is an environmental and Native American activist who faced four criminal charges for actions at a 2013 political protest at the proposed GTAC mine site in northern Wisconsin, (see Kaufman, New York Times).

Ms. Kloth had pleaded No Contest to two charges last September.

Kloth's attorney, John C. Bachman of Eau Claire, Wisconsin said he had never seen so many letters of support in a criminal case today as at this hearing.

The Department of Corrections filed a presentencing report with the Court on November 13, 2014, ordered by Price County Judge Douglas T. Fox on September 23, 2014.

"Katie is an intelligent and skilled botanist who has much to teach about the natural world," said environmental activist Rob Ganson of Citizens Concerned about the Proposed Penokee Mine in a letter to  Judge Fox.

Ms. Kloth made a motion for a new judge in March 2014, as is her right (unique among the 50 states) to move for substitution in Wisconsin for no stated cause, though the case stays in the jurisdiction of Iron County.

Good move.

The District Attorney, Iron County's Martin Lipske, is a corrupt jurist, suspended for discipline in 1990, and like Iron County Judge Patrick Madden is not a jurist with whom you want to be dealing when you are protesting the proposed giant open pit GTAC mine in Iron County.

Lipske, incredibly (but not for Lipske), had charged Kloth on four criminal counts two of which could have resulted in a 15-year prison sentence for an incident during which the alleged victims were seen laughing on tape.

Judge Fox handed down the sentence—some 11 months after Kloth's motion for a substitution of judge—this morning after DA Lipske threw the book at Kloth in typical Lipske-abuse-of-discretion fashion.

The charges stem from a criminal complaint of June 21, 2013.

Kloth had reached a plea deal in September, facing DA Martin Lipske throwing the book at her.

Krow was described as "looking well" yesterday by a long-time resident of Ashland County who spoke with Krow at the produce aisle at Chequamegon Food Coop on Tuesday, January 20th in the city of Ashland.

The same source said, Krow told him, "she has a good feeling about tomorrow's trial and claims to be ready for whatever happens."

Today at the sentencing hearing, Krow was described as "emotional but composed, and remorseful," by an attendee of the hearing.

Kloth is also the victim of a PR campaign against her by Wisconsin GOP-front journals, the Wisconsin Reporter and Media Trackers, among GOP groups.

"[T]he Gogebic Taconite company contributed $700,000 to the Wisconsin Club for Growth during the recall races in 2011 and 2012. According to the John Doe prosecutors, that contribution was coordinated by agents of Gov. Scott Walker. Around the same time, Walker and the Republicans were promoting a bill that was partially written by Gogebic Taconite. That bill eventually passed, giving the company what it wanted for its controversial mine in Iron County." (Rothschild, The Capital Times)

Said Krow in July 2014: "Those who fight against the destruction of the water, land, plants, and human and non-human animals of the Penokee Hills and Bad River Watershed are not ‘terrorists.’ The only terrorists are those who plot to blow up the hills with ammonium nitrate and use the power of the state’s policing apparatus to repress and send fear and division through the communities that oppose them. Gogebic Taconite (GTAC) and Chris Cline have millions of dollars and the support of the state to destroy the Penokees [Hills]," (Bergquist, Milwaukee Journal-Sentinel).

A support group of Krow's notes:

On June 11th, 2013, Kroft was cited by the Iron County Sherriff for theft due to her alleged involvement in a rowdy protest earlier that day that disrupted bore-hole drilling on the Penokee Range. She was neither arrested nor detained that day.

Ten days later, Iron County District Attorney Martin Lipske increased the charges to robbery with use of force (a class E felony), two counts of criminal damage to property and one charge of theft of movable property.

It is apparent that the prosecutor gave into outside political pressure and that the charges were trumped up. The state legislature and powerful mining corporations seek to make an example out of anyone who dares to step out of line

A letter to Judge Fox by Rob Ganson of Citizens Concerned about the Proposed Penokee Mine (Facebook) is reproduced below:

Judge Fox,

Katie Kloth, in my opinion, is guilty of a crime, one like Bill Williams committed in the courthouse in Ashland, when he too, snatched a cell phone against resistance of the owner.

Small crimes like these, like the one perpetrated on 80-year-old Bruce Noble (no charges) occur on the streets of Hurley on a regular basis with no charges forthcoming. Please ask yourself why this particular case was so blatantly over-charged in Iron County.

It is clear on the video that a very minor assault was committed, while the victim’s co-workers, (a burly drilling crew) stood by laughing at the ill considered and rude antics. It is also clear that GTac responded by breaking the law; sending unlicensed mercenaries with military weapons, mercenaries in camo gear and masks, to confront hikers, including my wife. THIS was another sort of assault altogether! This assault was one including the brandishing of military rifles by masked men who seemed like some sort of terrorist cell and NOBODY was charged! The disposition of this case should be the same as it would be absent the political environment responsible for the elevated charges.

Katie is an intelligent and skilled botanist who has much to teach about the natural world, (if little about manners) and not some troublemaker with a record of crime or violence of any kind. I ask that you act in the spirit of justice and impose the slap on the wrist wake up call it would end in were it not for the politics that have so greatly exaggerated it.

Rob Ganson,
Washburn, Wisconsin
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Bulletproof Securities, Inc, Photo by Rob Ganson

Read as well the refusal of DA Martin Lipske to prosecute the rightwing Bulletproof Securities, Inc. which tried to provoke natives of northern Wisconsin by unlawfully carrying semi-automatic weapons captured in a shot by Rob Ganson that was picked up nationwide.

July 17, 2013

Martin Lipske District Attorney
300 Taconite Street
Hurley, WI 54534

Re: Bulletproof Securities, Inc.

Dear Mr. Lipske:

This is a follow-up to my letter of July 11, calling your attention to several violations committed by Bulletproof Securities, Inc. while their armed personnel were unlawfully present in Wisconsin at the GTAC mine site. Apparently Bulletproof’s application for a Wisconsin license is still under consideration.

In my previous letter I did not specifically point to Wisconsin Statutes Section 134.58, which suggests that some officials and employees of both Bulletproof Securities and GTAC may have committed felonies. Section 134.58 states:

“Any person who, individually, in concert with another or as agent or officer of any firm, joint-stock company or corporation, uses, employs, aids or assists in employing any body of armed persons to act as militia, police or peace officers for the protection of persons or property or for the suppression of strikes, not being authorized by the laws of this state to so act, is guilty of a Class I felony.”

It is difficult to argue that this provision was not violated by the hiring of unlicensed personnel carrying AR-15’s, engaged to conduct surveillance and to protect the employees and property of GTAC.

Given this and the numerous previously listed violations, it is incumbent on your office and state regulatory authorities to insure that Bulletproof Securities, Inc. is not allowed to operate in Wisconsin. In the event Bulletproof officials were to be convicted of these charges, they would lose the right to operate in Arizona as well as Wisconsin. GTAC is presently utilizing Wisconsin personnel, and the tension has de-escalated. It would be counterproductive to reintroduce this firm into Wisconsin, as GTAC has promised. While Governor Walker and others have insisted that you prosecute law-breaking protesters to the fullest extent possible, I am looking for some semblance of an attempt to enforce the laws against out-of-state corporations responsible for criminal activity within our state.

Your defense of GTAC’s right to hire Bulletproof’s guards at Katie Kloth’s hearing was troublesome.

It was unrelated to her guilt or innocence, and only served to conflate the issues. No one has ever suggested GTAC has no right to hire private security -- they have every right to hire licensed personnel. Don’t confuse that with utilizing unlicensed, armed security forces in violation of Wisconsin’s criminal laws. Your vigorous stance in support of the hiring appears inappropriate for one charged with the duty to decide whether that hiring led to multiple violations of the law.

Unlike Governor Walker, I am not requesting that you use every weapon at your disposal. I am merely seeking assurances that Bulletproof Securities, Inc. will not be granted a license to operate in Wisconsin. Wisconsin is better served by the continued use of local companies that have demonstrated knowledge of and compliance with the law.

Sincerely,

Anthony J. Stella, Jr.
Copy: Wisconsin Department of Safety and Professional Services

Gtac's Proposed Mine in Wisconsin Faces High Legal and Political Hurdles

Getches, Wilkinson, Williams and Fletcher's
Cases and Materials on Federal Indian Law

Wisconsin citizens feeling distraught that the proposed massive GTac open-pit iron ore mine is a fait accompli can take solace the rule of law still exists, and the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers still protect our environment and our waters from the billionaire rapists of the land and water, the Koch brothers and Christopher Cline.

This pristine land that GTac wishes to obliterate also faces federal Native American Treaty law, trumping the racism of small segments of the population in Iron and Ashland counties in northern Wisconsin.

Noted Charles Wilkerson, Distinguished Professor, Moses Lasky Professor of Law at the University of Colorado Law School, last summer:

This iron mine complex cannot go ahead without a full analysis of the treaty rights of the Lac Courte Oreilles (LCO) band. More than a century and a half ago, the LCO negotiated treaties that guaranteed tribal members the right to hunt and fish on their former lands. The transfer of those lands by the tribes has been of great benefit to the non-Indians of northern Wisconsin but the courts have squarely recognized that, in return, those promises must be honored.

While Wisconsin Republicans like Scott Walker with their hands thrust out to billionaires are padding their campaign chests, it is increasingly likely that popular opposition, Native American activism and the rule of law will spell defeat to the anti-social forces and underground movements threatening the physical fabric, the eco-system and democracy of our country,

From a March 25, 2014 EPA press release:

WASHINGTON — The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Army Corps) today jointly released a proposed rule to clarify protection under the Clean Water Act for streams and wetlands that form the foundation of the nation’s water resources. The proposed rule will benefit businesses by increasing efficiency in determining coverage of the Clean Water Act. The agencies are launching a robust outreach effort over the next 90 days, holding discussions around the country and gathering input needed to shape a final rule.

Determining Clean Water Act protection for streams and wetlands became confusing and complex following Supreme Court decisions in 2001 and 2006. For nearly a decade, members of Congress, state and local officials, industry, agriculture, environmental groups, and the public asked for a rulemaking to provide clarity.

The proposed rule clarifies protection for streams and wetlands. The proposed definitions of waters will apply to all Clean Water Act programs. It does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction.

“We are clarifying protection for the upstream waters that are absolutely vital to downstream communities,” said EPA Administrator Gina McCarthy. “Clean water is essential to every single American, from families who rely on safe places to swim and healthy fish to eat, to farmers who need abundant and reliable sources of water to grow their crops, to hunters and fishermen who depend on healthy waters for recreation and their work, and to businesses that need a steady supply of water for operations.”

"America's waters and wetlands are valuable resources that must be protected today and for future generations,” said Assistant Secretary of the Army (Civil Works) Jo-Ellen Darcy. “Today's rulemaking will better protect our aquatic resources, by strengthening the consistency, predictability, and transparency of our jurisdictional determinations. The rule's clarifications will result in a better public service nationwide."

The health of rivers, lakes, bays, and coastal waters depend on the streams and wetlands where they begin. Streams and wetlands provide many benefits to communities – they trap floodwaters, recharge groundwater supplies, remove pollution, and provide habitat for fish and wildlife. They are also economic drivers because of their role in fishing, hunting, agriculture, recreation, energy, and manufacturing.

About 60 percent of stream miles in the U.S. only flow seasonally or after rain, but have a considerable impact on the downstream waters. And approximately 117 million people – one in three Americans – get drinking water from public systems that rely in part on these streams. These are important waterways for which EPA and the Army Corps is clarifying protection.

Specifically, the proposed rule clarifies that under the Clean Water Act and based on the science:

· Most seasonal and rain-dependent streams are protected.
· Wetlands near rivers and streams are protected.
· Other types of waters may have more uncertain connections with downstream water and protection will be evaluated through a case specific analysis of whether the connection is or is not significant.

However, to provide more certainty, the proposal requests comment on options protecting similarly situated waters in certain geographic areas or adding to the categories of waters protected without case specific analysis.  The proposed rule preserves the Clean Water Act exemptions and exclusions for agriculture. Additionally, EPA and the Army Corps have coordinated with the U.S. Department of Agriculture (USDA) to develop an interpretive rule to ensure that 56 specific conservation practices that protect or improve water quality will not be subject to Section 404 dredged or fill permitting requirements. The agencies will work together to implement these new exemptions and periodically review, and update USDA’s Natural Resources Conservation Service conservation practice standards and activities that would qualify under the exemption. Any agriculture activity that does not result in the discharge of a pollutant to waters of the U.S. still does not require a permit.

The proposed rule also helps states and tribes – according to a study by the Environmental Law Institute, 36 states have legal limitations on their ability to fully protect waters that aren’t covered by the Clean Water Act.

The proposed rule is supported by the latest peer-reviewed science, including a draft scientific assessment by EPA, which presents a review and synthesis of more than 1,000 pieces of scientific literature. The rule will not be finalized until the final version of this scientific assessment is complete.

Forty years ago, two-thirds of America’s lakes, rivers and coastal waters were unsafe for fishing and swimming. Because of the Clean Water Act, that number has been cut in half. However, one-third of the nation’s waters still do not meet standards.

The proposed rule will be open for public comment for 90 days from publication in the Federal Register. The interpretive rule for agricultural activities is effective immediately.

The Front Line in Iron County, Wisconsin

Wisconsin is under siege by billionaires, the Koch brothers and Christopher Cline.

The feds are coming to help restore the rule of law against Scott Walker.

In the mean time, resistance remains strong in far northern Wisconsin.

By William Brown, Citizen Concerned about the proposed Penokee Mine

Great view of the final touches going on the new wigwam at HELP Village. [HELP is an acronym for the Harvest Educational Learning Project, alerting the press, and anyone interested in the repercussions of the proposed GTac iron ore mine in Ashland and Iron counties, specifically the predictable poisoning of the environment, including the water and habitats of Native-American treaty-protected species.]

A great deal of love and respect for the people managing this movement on a daily basis. A great honor to be involved and welcomed to help build.

 Do what you can to support these people out there. ... They are the front line!