Letter to US Magistrate DiBianco for building access, Aug 2004

34 Franklin St.
Lyons, NY 14489
August 20, 2004

Honorable Gustav J. DiBianco
US Magistrate Judge
RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396

Dear Judge DiBianco:

I know we are scheduled for an appearance on August 31st at 4pm There has been a recent turn of events which I feel you must be alerted to as author of my “stay away” order. You also decided at Trial that just my `intent’ was not an offense until an act actually happened.

I returned to the building on Tuesday, August 17, to continue my effort to petition Senator Clinton for reform. Security stopped me and told me I would not be allowed in the building. They blocked my path to the doors. A staff member was assigned to watch me outside. I stayed outside quietly for two hours and then left. The same thing happened on Wednesday.

On Thursday, August 19th, I did have to go to the Federal Court Clerk’s office. When I arrived at the building there was no one outside. I walked through the doors and one of the “blue jacketed” screeners told me, “You are not allowed here, Go!” (in a loud voice). I told him I had to go the Clerk’s office, he just said, “Go!” I told him the Judge’s order said I could go to other offices, he said, “I don’t care, just Go!” While I was standing there he said just “Go!” and “Out!” several more times, it was embarrassing.

Finally, the Federal Police appeared and told me they would escort me to wherever I was going. I walked into the Clerk’s office with two officers behind me and got the paperwork I needed. When we left I told the officers I wanted to go upstairs, they told me I could not, grabbed me by the arms (I did not resist), and escorted me from the Building. I stood outside for two hours again.

I plan on returning to the building and at some point will repeatedly try to gain entrance. I do not look forward to a confrontation. I’ve tried to conduct my affairs with dignity and minimal impact on Building operation, but we are now heading toward a new confrontation. The use of physical force and intimidation does not seem appropriate. I ask the Court to stop these new actions and ask them to stop `blocking’ till a decision from you.

Respectfully yours,

John Murtari

635-1968, x-211

CC: Asst. US Attorney Richard Southwick, Esq.
Hanley Federal Building, Room 900
100 S. Clinton Street
Syracuse, NY 13261
CC: Senator Clinton, Syracuse & Washington off.