Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
IN THE IOWA DISTRICT COURT FOR SAC COUNTY 
STATE OF IOWA : Case No: FECR012634 
: 
v. : 
DARREN MITCHELL MEADE : AMENDED M...
4. Furthermore, much of alleged criminal conduct in the Trial Information occurred more than two years ago and in Californ...
10. The basis for the Amended Motion to Dismiss are more fully discussed in the Brief filed in support of this Motion. 
WH...
Upcoming SlideShare
Loading in …5
×

‘Journalism is Not a Crime and It’s Not Harassment’ / Prosecutor Indicts Journalist Who Questioned Prosecutors Ethics

4,869 views

Published on

Never before has a journalist been charged in Iowa (or elsewhere) for merely reporting about his belief that a flawed criminal prosecution may have resulted in the incarceration of an innocent woman.

Not only does the attempted prosecution of Meade punish him for engaging in his constitutional right to criticize public officials and report on controversies and the people involved in those controversies, this prosecution chills rights of all journalists to report on matters of public concern, especially when those matters are critical of someone with the power to criminally prosecute them if there is disagreement with reporting. Criminal charges are never appropriate if used to silence critical speech.

Bringing criminal charges against Meade impinges on one of the cornerstones of our democracy - the need for a robust and wide-open public debate - and as such, justice demands the charges against Meade be dismissed in their entirety.

https://twitter.com/darrenmeade
https://www.linkedin.com/in/darrenmeade
http://darrenmitchellmeade.org
https://www.facebook.com/darren.meade1
https://www.flickr.com/photos/darrenmeade
https://plus.google.com/u/0/+DarrenMMeadeJournalist/posts/p/pub
http://www.slideshare.net/darrenmeade1/investigative-reporter-glenn-puit-confirms-the-systematic-smear-campaign-of-darren-m-meade
http://beyondtheordinary.net/darrenmeade.shtml
http://www.slideshare.net/darrenmeade1/dr-scott-connellyrecommendationletterfordarrenmmeadepdf
https://darrenmmeade.quora.com/
http://legacy.pitchengine.com/progenex/architect-of-the-metrx-brand-joins-progenex-as-interimchief-executive-officer
http://www.slideshare.net/darrenmeade1/amended-motion-to-dismiss-42687910
http://www.business2community.com/crisis-management/ripoff-report-5-reputation-management-steps-take-youre-targeted-01279045#Y7vJMZVo3OWoWevq.97

Published in: Law
  • Be the first to comment

‘Journalism is Not a Crime and It’s Not Harassment’ / Prosecutor Indicts Journalist Who Questioned Prosecutors Ethics

  1. 1. IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA : Case No: FECR012634 : v. : DARREN MITCHELL MEADE : AMENDED MOTION TO DISMISS1 : Defendant : : COMES NOW Darren Mitchell Meade, by and through undersigned counsel, Glen S. Downey, and moves to dismiss counts 1 through 10 of the Trial Information under Iowa R. Crim. Proc. 2.11(6)(a). In support of this Amended Motion, Defendant states the following: 1. The criminal charges against Darren Meade were filed without an assertion of probable cause and without the specificity required to provide Meade with the due process necessary to adequately defend himself. 2. Counsel has filed a separate Motion for a Bill of Particulars asking the Court order the State to supplement the Trial Information and Minutes of Testimony. Those documents, while certainly voluminous, are mostly irrelevant and filled with detail devoid of specific criminal conduct which would allow the state to charge Meade with one count of Ongoing Criminal Conduct (Iowa Code § 706.2(4)), eight counts of Witness Tampering (Iowa Code §§ 720.4; 708.7 & 703.1), and one count of Obstructing prosecution (Iowa Code § 719.3). 3. This case is profoundly and substantially flawed and reeks of retaliation by County Attorney Ben Smith for Meade engaging in constitutionally protected speech that was, among other things, critical of County Attorney Smith and his performance as a prosecutor. 1 Counsel is filing this Amended Motion to Dismiss to add section IV of this Brief related to argument that Iowa Code § 720.4 is overbroad because it criminalizes substantially more pure speech that the Constitution allows to be regulated and as such the statute cannot survive constitutional scrutiny.
  2. 2. 4. Furthermore, much of alleged criminal conduct in the Trial Information occurred more than two years ago and in California and is therefore beyond the territorial jurisdiction of Iowa and County Attorney Smith, a fact so obvious that it only adds to the supposition that County Attorney Smith is using his prosecutorial powers not to prosecute crimes but to silence his critics. 5. Never before has a journalist been charged in Iowa (or elsewhere) for merely reporting about his belief that a flawed criminal prosecution may have resulted in the incarceration of an innocent woman. 6. Not only does the attempted prosecution of Meade punish him for engaging in his constitutional right to criticize public officials and report on controversies and the people involved in those controversies, this prosecution chills the rights of all journalists to report on matters of public concern, especially when those matters are critical of someone with the power to criminally prosecute them if there is disagreement with that reporting. 7. Mere disagreement with and/or mere inaccuracies in the reporting are not grounds to bring a criminal prosecution, let alone grounds to support a criminal conviction. Criminal charges are never appropriate if used to silence critical speech. 8. Furthermore, because Iowa Code § 720.4 is being used to impose criminal defamation liability on pure speech regardless of whether that speech is truthful and/or not knowingly false, Iowa Code § 720.4 criminalizes a substantial amount of constitutionally protected speech is therefore overbroad and violates the First Amendment. 9. Bringing criminal charges against Meade impinges on one of the cornerstones of our democracy—the need for a robust and wide-open public debate—and as such, justice demands the charges against Meade be dismissed in their entirety.
  3. 3. 10. The basis for the Amended Motion to Dismiss are more fully discussed in the Brief filed in support of this Motion. WHEREFORE, the Defendant, Darren Mitchell Meade, respectfully requests the Court dismiss the state charges as a matter of law. Respectfully Submitted, THE LAW OFFICES OF GLEN S. DOWNEY, LLC /s Glen S. Downey__________________ By: Glen S. Downey AT0012428 301 East Walnut Street, Suite 4 Des Moines, IA 50309 Tel: 412-865-7110 glen@downey-law.net ATTORNEY FOR DEFENDANT MEADE Original filed. Copy to: Sac County Attorney PROOF OF SERVICE The undersigned hereby certifies that a true copy of the foregoing instrument was served upon each of the attorneys of record, or the parties if unrepresented, at their respective addresses disclosed on the pleadings. By: _____ U.S. Mail _____ Fax _____ Courthouse Mail _____ Hand delivered _____Certified Mail _____ Other Signature:_______________________________________ Date:____________________________________________

×