Monroe A. Miller Jr. 19 Big Spruce Lane Waynesville, NC 28786

Transcription

Monroe A. Miller Jr. 19 Big Spruce Lane Waynesville, NC 28786
Monroe A. Miller Jr.
19 Big Spruce Lane
Waynesville, NC 28786
January 24, 2015
Subject: SAVANNAH SIMONE TEDESCO swears out Warrant for my Arrest.
SAVANNAH SIMONE TEDESCO convinced a Magistrate in Guilford County to issue a Warrant for
Arrest and have me arrested for CYBERSTALKING, a misdemeanor, on 1/23/2015, re: 15CR066789. This
is all public record, and can be viewed presumably by going to the Guilford County Clerk of Superior Court.
It is my understanding that SAVANNAH SIMONE TEDESCO had to swear on a Bible to tell the truth
about the statements she made on the Warrant for Arrest.
Two documents are appended to this piece:
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Warrant for Arrest, case file 15CR066789
Conditions of Release and Release Order.
I was arrested yesterday. I would like to say it was a terrifying experience, but it was not. It was brought
to my attention that there was a Warrant for Arrest. I went to the Haywood County Sheriff’s Office and I
turned myself in of my own free will. John Ryan was the arresting officer. Sheriff’s department personnel
treated me with respect and the entire process flowed smoothly and seamlessly. Fingerprinting was not
necessary, as my prints were on file already as required to obtain a prior Secret Clearance, and I have a
current Concealed Permit. We then appeared before the Magistrate, Josh Bryson, and was signed out with
a Written Promise to appear in court, February 23, 2015 in Guilford County. It was probably the smoothest
arrest processing in the history of the Haywood County Sheriff’s Office.
What was the Charge? The following is lifted from the Warrant for Arrest.
I, the undersigned, find that there is probable cause to believe that on or about the date of offense
shown and in the county named above the defendant named above unlawfully and willfully did
electronically communicate with SAVANNAH SIMONE TEDESCO repeatedly for the purpose
of abusing, annoying, threatening, terrifying, harassing and embarrassing SAVANNAH SIMONE
TEDESCO TO WIT: THE DEFENDANT SENT THE VICTIM NUMEROUS EMAILS STATING
HOW “PREVIOUS PEOPLE WHO ATTEMPTED TO GET HIM TO STOP EMAILING THEM
WERE UNABLE TO SUCCEED, LOST THEIR JOBS AND HOMES BECAUSE OF IT, AND
IMPLIED HARM TO HER REPUTATION. THE DEFENDANT STATED THAT HS IS
SENDING THE VICTIM’S INFORMATION TO THE FBI. THE DEFENDANT ALSO
FORWARDED EMAIL TO THE VICTIM THAT HE HAD SENT TO OTHER PEOPLE.” ALL
EMAILS ORIGINATED FROM THE DEFENDANTS EMAIL ADDRESS.
The North Carolina General Statue that was cited was § 14-196.3. Cyberstalking. The Cyberstalking
statute follows on the next page.
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§ 14-196.3. Cyberstalking.
(a) The following definitions apply in this section:
(1)
Electronic communication. - Any transfer of signs, signals, writing, images, sounds, data,
or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer,
electromagnetic, photoelectric, or photo-optical system.
(2)
Electronic mail. - The transmission of information or communication by the use of the
Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or
other electronic means sent to a person identified by a unique address or address number and
received by that person.
(b) It is unlawful for a person to:
(1)
Use in electronic mail or electronic communication any words or language threatening to
inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or
physical injury to the property of any person, or for the purpose of extorting money or other
things of value from any person.
(2)
Electronically mail or electronically communicate to another repeatedly, whether or not
conversation ensues, for the purpose of abusing, annoying, threatening, terrifying,
harassing, or embarrassing any person.
(3)
Electronically mail or electronically communicate to another and to knowingly make any
false statement concerning death, injury, illness, disfigurement, indecent conduct, or
criminal conduct of the person electronically mailed or of any member of the person's family
or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
(4)
Knowingly permit an electronic communication device under the person's control to be used
for any purpose prohibited by this section.
© Any offense under this section committed by the use of electronic mail or electronic communication may
be deemed to have been committed where the electronic mail or electronic communication was originally
sent, originally received in this State, or first viewed by any person in this State.
(d) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(e) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to
express political views or to provide lawful information to others. This section shall not be
construed to impair any constitutionally protected activity, including speech, protest, or assembly.
(2000-125, s. 1; 2000-140, s. 91.)
I have highlighted in bold two important sections.
• § 14-196.3 (b) (3). This is the verbiage that appears in the Warrant for Arrest.
• § 14-196.3 (e).
In one of my responses to SAVANNAH SIMONE TEDESCO,
re: http://haywoodtp.net/pubII/150120BlueHairedGirl.pdf ,
when she first accused me of sending Unsolicited Bulk E-mails, I indicated -
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Your threat was entitled “Cease and desist from harassment via unsolicited bulk emails.”
I don’t do unsolicited bulk e-mails. I am communicating with members of the Haywood County GOP
Executive Committee, and when warranted, including names up the feeding chain to NCGOP, in my
capacity as a Public Official of an elected Precinct Chair of Allens Creek, communicating to other public
officials (you) of the Haywood County GOP Executive Committee. All of the North Carolina General
Statutes you cited, [re: N.C. Gen. Stat. §§ 14-453 - 458, 1-539.2A.] don’t apply, i.e., they are not
applicable.
All of the e-mails sent to SAVANNAH SIMONE TEDESCO on the dates listed in her Warrant for Arrest,
1/8/2015 through 1/19/2015, were sent as “peaceable, nonviolent, or nonthreatening activity intended
to express political views or to provide lawful information to others.”
§ 14-196.3 provides the protection for me to have sent e-mails to SAVANNAH SIMONE TEDESCO and
covers me like a blanket.
Pat Carr, HCGOP chair, sent out to members of the HCGOP Executive Committee on 1/20/2015 that:
“I have been informed that Ms. Savannah Tedesco and Mr. Matthew Hebb have moved from Haywood
to Guilford County and have registered to vote there. As a result, they are no longer eligible for
membership on the Haywood County Executive Committee.”
SAVANNAH SIMONE TEDESCO and MATTHEW BRIDLE HEBB were removed from my e-mail
address book at that time. Further communication after that would have been improper.
Back to SAVANNAH SIMONE TEDESCO’s statement, that she swore to under oath...
“PREVIOUS PEOPLE WHO ATTEMPTED TO GET HIM TO STOP EMAILING THEM WERE UNABLE
TO SUCCEED, LOST THEIR JOBS AND HOMES BECAUSE OF IT, ...
SAVANNAH SIMONE TEDESCO has limited the number of people in this accusation to a very few
people, only those that have attempted to get me to stop e-mailing them. Those that I didn’t, lost their jobs
(plural, meaning two or more people lost their jobs because I did not stop e-mailing them after they asked
me to stop), and homes (again plural, meaning two or more people lost their homes because I did not stop
e-mailing them after they asked me to stop).
I cited two examples in http://haywoodtp.net/pubII/150120BlueHairedGirl.pdf of people who had threatened
me before, as SAVANNAH SIMONE TEDESCO had just done.
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Jessi Stone, then assistant editor of the Mountaineer, threatened me. See:
http://haywoodtp.net/pubII/140702DialogWithBeckyJohnson.pdf She no longer works for the
Mountaineer, and now works for the Smoky Mountain News. No more threats from her since her new
employment opportunity.
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Pat Smathers, a lawyer, threatened me from communicating to Bill Dechant (now deceased). That earned
him a grievance with the North Carolina Bar Association. See:
http://haywoodtp.net/pubII/140829SmathersBarComplaint.pdf . Additionally, he was called out for
failing to pay Haywood County property taxes to the tune of $63K and was being foreclosed on. See:
http://haywoodtp.net/pubII/141205SmathersForeclosure.pdf . No more threats from this character.
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Jessi Stone had never requested that I stop e-mailing her, so that disqualifies her from that accusation /
charge.
Pat Smathers did request that I stop e-mailing him. However, Pat Smathers is a lawyer, and therefore a
public official, lawyer for the Haywood County School System and Haywood Community College, and I
continued to copy him on e-mails as they related to his position as a public official. When the information
was posted in my website relating to his foreclosure proceedings, it was due to his failure to pay $63K in
Haywood County Property Taxes. Those properties were commercial properties that he had, not his home.
Any Haywood County Taxpayer or SAVANNAH SIMONE TEDESCO can check on his current standing
with his foreclosure. As far as I know, Pat Smathers is still practicing law and living comfortably in his
home, so that disqualifies him from that accusation / charge.
Two additional high profile people have attempted to get me to stop e-mailing them:
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Kevin Ensley, Haywood County Commissioner
Kirk Kirkpatrick, Haywood County Commissioner
In these two cases, since they are elected officials, I have been a proponent of these two losing their jobs
(through the election process). Since they are public officials, they cannot prevent me from sending e-mails
that are “peaceable, nonviolent, or nonthreatening activity intended to express political views or to
provide lawful information to others.”.
It will be up to SAVANNAH SIMONE TEDESCO to provide the names of “PREVIOUS PEOPLE WHO
ATTEMPTED TO GET HIM TO STOP EMAILING THEM WERE UNABLE TO SUCCEED, LOST
THEIR JOBS AND HOMES BECAUSE OF IT.
The Hearing will be in District Court at the Guilford County Courthouse; GB1B on 2/23/2015, in which we
will have our day in court. I’m sure that there will be updates so the Taxpayers of Haywood County gets an
opportunity to see how this thing plays out.
Monroe A. Miller Jr.
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