[Linda sent this to me via email and asked me to post it on my web site - Bill St. Clair]
People have been asking for an update on how the battle is going. Normally Russ or myself would write this in our own words but I am probably going to surprise you. I am going to let Susan Bush tell you the story. This is going to surprise you even more. She is a reporter for the Berkshire Eagle and the North Adams Transcript (both "Liberal Rags"), but alas here we have, in spite of that, we have a woman of integrity. Of course you can log on to their web page www.TheTranscript.com for Saturday 9/30/00.
For those who don't have the time i will reproduce the article here. Actually that's not true. I will write it because I can't get enough of it.
JUDGE ORDERS TRUCKER CHARGED FOR RUN-IN WITH LOCAL WOMAN By Susan Bush
NORTH ADAMS--A truck driver accused of terrorizing a woman driving home form work last March was charged with operating to endanger yesterday in Northern Berkshire District Court.
Judge Michael J. Ripps issued the charge after hearing testimony from truck driver James Harkins of South Boston, Mass, and Linda Hamilton of Heath, who was driving in front of Harkins on Union St. on March 1st.
In her testimony, Hamilton said that Harkins drove his truck so aggressively that she felt threatened and placed a handgun she had in her purse against the steering wheel.
Harkins denied driving aggressively. His attorney, Michael O'Rourke, told Ripps that Hamilton put herself in danger by remaining in front of Harkins' rig.
"She wouldn't get out of his way," O'Rourke said.
The judge asked O'Rouke why Hamilton had to "get out of his way"?
"Rules of the road," O'Rourke, said. "She had plenty of opportunity to get out of the way, if you believe her version of the events. I submit she's not credible. She slowed down and aggravated him.
The safe thing to do is to speed up, get out of the way." O'Rourke said.
"Mr. Harkins does not have the right to drive over her just because he has a big truck, responded Hamilton's attorney, Robert Chesbro.
Hamilton was charged 12 days after the incident with assault with a dangerous weapon, a handgun. She will appear in Northern Berkshire District Court for a discovery hearing on her case Oct. 20. Hamilton has been licensed to carry a handgun for 10 years.
Testifying yesterday, Hamilton read from her statement, which had been presented at earlier hearings.
According to Hamilton, the incident occurred as she was driving east on Union St.-Rt.2- at about noon. She glanced in her rearview mirror and noticed a truck coming up behind her. Hamilton said she checked her speedometer as the truck approached and saw she was traveling about 28mph. (For those who may have forgotten I had just turned a corner and was driving in a 35mph zone)
Hamilton said she sped up to about 35mph,but that the truck drew closer.
Harkins was very close to Hamilton's bumper when he pulled out as if to pass her, then pulled back in behind her, she said.
Harkins made two more attempts to pass, which Hamilton said she perceived to be aggressive behavior that frightened her.
When she placed the gun against the steering wheel, Harkins backed off. She then pulled into the Cumberland Farms store on Union Street and called state police at the Shelburne barracks to report the incident.
Hamilton was later approached in the town of Florida by state police from the Cheshire barracks, who questioned her and confiscated her gun, but did not charge her.
Harkins testified that he had encountered the two state police officers who later questioned Hamilton and told them what had occurred. He testified that he told the officers that he did NOT (want to file a complaint against Hamilton.
Hamilton subsequently initiated a show-cause hearing to determine if Harkins could be charged with assault with a dangerous weapon, his truck. Assistant Clerk Magistrate Dennis D'Arcangelo ruled against the charge in July.
After reviewing audiotapes of the hearing, Ripps said he believed there was evidence to support other charges.
Yesterday, O'Rourke asked Hamilton if she carried her gun everywhere or if she brought it to work on a regular basis. Hamilton said she did take the gun to work because her route home varies and included rural back roads.
"If she carries a gun to work, she's a hypersensitive person," O'Rourke said to Ripps. (So I guess all the police are also hypersensitive people)
O'Rourke asked Hamilton repeatedly about why she did not turn off and get out of Harkin's way. He quizzed her about the names and locations of several side streets that intersect with Union Street.
Hamilton said she was unfamiliar with the side street names and location.
"But you drive this regularly," O'Rourke said.
Chesbro objected to O'Rourke's questioning of Hamilton.
"Why should she have to get out of the way to avoid being run over by an 18-wheeler?" Chesbro said.
Harkins testified that he did not see Hamilton's vehicle until he was approaching the junction of Routes 8 and 2. But Chesbro read from a previous statement given by Harkins in which the truck driver said that Hamilton pulled out in front of him from a side street.
Harkins told Ripps he had driven a truck "all his life" and has a clean driving record ( another lie) . He also said the right to carry a gun was a privilege. (Since when is a right a privilege) Hamilton acted in a "frivolous" manner when she placed the gun on the steering wheel, he said.
Harkins said he was 'safety-conscious" and that he flashed his headlights to alert Hamilton that he was behind her, a claim that Hamilton disputed.
Harkins said that he had been taught that under certain conditions flashing the headlights from behind vehicles is a safety mechanism and a curtesy. However he also testified that none of those conditions were prpresent that day.
Harkins testified that Hamilton was traveling slowly, and her slow speed made it difficult for him to ascend the steep grade that begins at the juncture of Routes 8 and 2
"There was no parade, no horse and buggy" causing Hamilton to drive slowly, he said.
Harkins was arraigned after being charges. He is scheduled to appear in Northern Berkshire District Court on Nov. 10.
End of article.
In the past many people from all over the globe have asked what they can do to help. I have asked for them to pray for me and to write letters. But now I must ask for more. Although some Pro-Second Amendment Organizations have indicated they would help with my legal fees that has not happened yet. My attorney is a man of great integrity but not of great wealth so I am asking for anyone who can to send a donation to him to help us continue this battle. He also is a gun owner and a defender of the Second Amendment. God Bless. Linda