In what could only be accurately described as a Kangaroo trial, the truck driver that attacked her was coached by the DA to lie-commit perjury. He testified that Linda "...pointed the gun at me..." (Over her shoulder, he motioned for the court. Also while driving like hell to get away from him.) And that Linda, all 5'4" & 125 lbs. of her, "...put me in fear of imminent bodily harm." While he is sitting 8 ft. up in the cab of a Penske Freightliner. These two elements that are necessary to prove "assault" were oddly missing from two prior times that he had given sworn testimony in open court. (Five days later, our attorney received a letter from the DA, informing him that the "Driving to Endanger" charge, filed by Judge Ripps in N. Adams, had been dropped against the trucker !!!) Surely, mere coincidence.
Judge Barbalunga, not to be outdone, cut off our attorney before his summation, saying that his mind was made up and that he would not listen to anything else, nor entertain any further briefs or arguments! He found Linda guilty, and fined her $410, and said she was going to lose her LTC because HE thought she was, "…a hyper-sensitive person, that (sic) shouldn't have a gun." And impounded the gun. (Which, by the way, never left the holster.)
So, we have filed an appeal, and entered motions for a new trial and a Revise and Revoke order. Between the Lawyers fees, telephone bills, filings etc. bluntly, we are literally bankrupt. So is our attorney. To win this case has statewide consequences, as this will put the brakes on the growing problem of the State charging LTC & Class B holders with bogus "assault" charges to make felons of legal gunowners solely to get their guns.
Please help us stop this.
Russ Hamilton-Heath, MA 2/9/01
Linda Hamilton Legal Defense Fund
9 Wilde Rd.
Shelburne Falls, MA 01370
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