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Mike D?

What happened at Mike D's sentencing monday?
What happened at Mike D's sentencing monday?
sentence 26.Oct.2004 08:40


Mike was given 18 monthes probation and 40 hours community service working for Dump Stoppers. When he finishes the community work the judge will drop his probation.

I do believe there will be a story put up about what happened yesterday. Mike was released in the afternoon monday so hopefully he'll let us know what it's all about.

D's Amazing 26.Oct.2004 11:37

a friend

The story is pretty amazing. Mike D sure knows what he's doing. I wasn't there, but I heard about it. I'm looking forward to reading the post.

c'mon, mikes a cop 26.Oct.2004 12:38

open your eyes

why do you think he's so comfortable in court? so content in the 'slammer'? all the time he spends in jail is just a cover story for him to attend trainings and take vacation.

Local Portland Activist Gets Released After Sentencing in Clackamas County 26.Oct.2004 22:48

The Doctor cimokru5@doramail.com

On Monday 10/25/2004, in Clackamas County Oregon, local Portland, Oregon, community activist Michael McMullin (Mike-d) was sentenced after a conviction of the Charge of "Disorderly Conduct". Mr. McMullin was sentenced to 30-Days in the Clackamas County Jail in Oregon City, assigned to complete 40 hours of community service with the "Dump Stoppers" Program (a pick-up trash in the forest program) and was given 18-months of "Bench" Probation (A court order by a judge to obey all laws and complete all court obligations and is monitored by the assigning judge).

Judge Eve Miller ordered the probation to be terminated upon the completion of the 40 hours of community service, and she also ordered that the jail time sentence of 30 days be credited as "Timed Served", (a court phrase permitting the time in jail that a convict has already served to be counted toward their sentence). Mr. McMullin was ordered to pay statutory fines and fees related to and charged to those found guilty of a crime. He was ordered to pay $265.00 for the count-appointed attorney Mr. Bart Herron that represented him in the 6-person Criminal Jury Trial.

Since Mr. McMullin had already served a total of over 50 days in the jail, the judge's order meant Mr. McMullin was now completed with this part of the judgement against him. Judge Miller also waived the "Dump Stoppers Community Service fee. A Bond of $500.00 had been posted at the Clackamas County Jail shortly after the start of the summer season to bail Mr. McMullin out of jail. The Judge took all fines, fees, and court costs out of the $500.00 Bond and ordered the rest be returned to those who posted it. He was released about five(5) hours later.


Good one 27.Oct.2004 02:19

Mike-d.0001a miked.libco@gmail.com

c'mon, mikes a cop 26.oct.2004 12:38
open your eyes link

why do you think he's so comfortable in court? so content in the 'slammer'? all the time he spends in jail is just a cover story for him to attend trainings and take vacation.

actually, i am not a cop, or a law enforcement officer, and i am not so comfortable in court, when i stand up for my civil rights it helps to build my confidence in myself and the system. i have been a survivor of the system for many years so i may look comfortable but i'd rather not be in that position at all.
i am not content in the slammer either, while it may be a vacation for me, all expenses paid, room service, food, and a room, i would prefer to be somewhere else also, but at the cost of our civil rights, i would rather stand up and fight the system, and do a little jail time than be run over by a court system that does not bring the justice that's deserved.
any one who has done any jail time at the same time as me can account for my where abouts at the jail at all times. i do not and did not attend any training or trainings while in jail. i did go to some church services with many others and did go out to the yard and the small rec room but there is no trainings. a cover story huh ? not quite while it may seem
like a vacation it is far from it. nice try though. i got quite a laugh out of the post, thanks. mike-d.0001a

Hey Mike 27.Oct.2004 07:32

Welcome Home

Stay "free" Mike! We need,love and support you! You may not be our "leader" but you certainly are my hero.

I don't know...I think "open your eyes" is probably a cop. 27.Oct.2004 09:58


Thanks to Mike D and everyone else who stands up to the system rather than compromising for convenience. While it was really shitty watching a comrade be subjected to the petty indignities of that hick courtroom, it was nevertheless empowering in many ways too -- because Mike D refused to give in to the temptation to trade principal for comfort, legal rights for false freedom.

The whole thing was an exercise in degradation -- from the ridiculous clanking chains to the petty, small-minded sheriff L. Jones who refused to allow Mike D even to speak while in the courtroom before the trial. When I asked MD how he was doing, Jones demanded that he "Turn around, face forward, and keep your mouth shut." It was Jones who refused to remove the chains when the judge asked him to (see  http://portland.indymedia.org/en/2004/10/300515.shtml for details). He was a scowling bulldog in the corner, just the kind of petty wanna-be-tyrant the system thrives upon.

And yet, the only people degraded by the experience were those who weilded the authority of the police state. Somewhere in their hearts, if they have them, they have to know that what is happening in the forests, and what is happening in courtrooms like that one to forest activists, is wrong. They played the villain in this story, and they must know it. Even the bunny-nosed DA who said she loves her job must know it. They're the stooges of the corporate police state.

in spite of bad air... 27.Oct.2004 12:14


Mike's a cop? Mike's a cop...hm-m-m...well isn't that just a typical reaction from some of the "activist" community. Promoting the idea of Mike as a cop definitely sounds like the technique of government agents or maybe just the spoiled, self-serving resentful remnants of that one particularly "anarchic" period at Liberation Collective on West Burnside.
Some may remember the particularly chaotic state that outfit was in approaching its final demise at that location. Part of the problem was certain individuals who resented any effort at organization and responsibility. Mike D happened to be one of few there who worked to counter the flaw in the operation of libco that these individuals contributed to.
Mike D is one person that actually works to sustain a certain clarity of vision that is essential to keep an establishment for change viable and functioning. This involves a certain mental discipline and accountability that Mike D demonstrated as part of the group that operated libco, and in the numerous forest actions he has participated in. These are exactly the kind of qualities in members that any operation for social change must have if it is to be viable.
But I suspect there are still those few individuals key to the decline of libco/burnside who resent Mike D calling them on their refusal to adhere to any responsible practice of collecting and managing operating funds. It may be these individuals who refused to co-operatively take responsibility for operating tasks, including the accountability for operating funds collected, who creep in from the woodwork periodically to badger Mike, one the more solid members of the activist community.
The unconfirmed story, was that they took the money for rent and "lost" it....where did it go? No one who knows seems to be willing to account for it,
but it probably went to "personal projects".
That is in character with the petty mentality of some of those individuals who want to be part the "hip" activist community, but do not posess or wish to develop any of the vision, co-operative dedication, discipline and committment needed to make operations and services in that community viable components of change.
Instead, they keep coming back from their squalid den of self-absorbtion merely to grind an age old axe of misplaced resentment, in the process, undermining the constructive efforts of people who are prepared to really, sincerely sacrifice their personal freedom for the benefit for the many.

Thanks everyone for your support , letters, and resources 27.Oct.2004 14:07

Mike-d.0006f miked.libco@gmail.com

Thank You to everyone who helped me in a time of need. It was great that most all of it was done with little or no direction from me at all, people have taken the time to learn court and jail support and solidarity and I think that is awesome. Sure we have had a few practice runs at this, but I had been limiting my contact with visitors, phone calls, and letters to see If the participating community knew what to do. They did. I had done this because I trusted those on the outside who have heard me talk about this type of support for years, and also to test communication or potential lack there of. Communication with the outside can be or could be considered a priviledge in jail that could be taken away at any time or moment. I had made only one phone call while in jail and it was to the G.D.C.(General Defense Committee) Jail Support Line- the voicemail answered and only got my name and a recording that I was in the Clackamas County Jail. Since my funds and 4 stamped envelopes were limited I only sent 4 letters, one of which was returned because of a wrong address, I only met with my attorney 2 or 3 times while in jail, and I had no visitors that were able to actually get to visit with me. Nonetheless, I was very impressed with the results.
My attorney was on notice that there was a community that cared about this issue, and my status in jail, court, and in the future. Media was present, the court room was filled, cool flyers sent out, the issue made the Oregonian paper two days in a row. The Jury was educated a little more on the issue. I would like to thank my attorney Bart Herron of a Lake Oswego Law Office for his assistance, while we did not see eye-to-eye on everything and there was a big learning curve and some stumbling blocks, he made a decent attempt to defend me in a way he knew how. While my way would of been more effective and would of most likely taken a week or two to try (or for trial) or would of caused a dismissal, my attorney could not see that future or vision, and would of told me I was wrong, if I had told him the way that would of happen. The Deputy District Attorney (D.D.A.)did a good job also, she called the so called victum (Mr. Brent Walker-Owner of Thomas Creek Lumber) who represented "The Public" in this case to testify and he was very helpful in giving the community present in the court room the perspective of the logger, or at least a timber sale bidder. I also thank him for not logging the beautiful "Solo" Timber Sale. He found a way out of his contract with the U.S. Forest Service. While this could of been from calls, letters, protests, laying in front of his truck, Police Riots, Road Blockades, Tree-Sits, Office Occupations, Direct and In-direct Action, lawsuits, and Public Education as a community we came one step closer to our goal of saving that patch of Beautiful Old-Growth Trees and Forest Habitat. The D.D.A. Amy Brennen helped our case substancially by introducting evidence and topics that were not supposed to be mentioned in front of the jury. She also asked questions to the witnesses she called that she did not know the answer to. (Lawyer Skills 101-Don't ask a question you don't know the answer to-it could hurt your case) she's new and learning we taught her a few things during this trial. Thank You to the Officers that testified for there help also, conflicting stories (testimony) helped confuse the issues and the jury and made you all look so bias. The D.D.A. even had to pull one of the witnesses because his testimony might of hurt the state's case further. Thank You to the Jury, for there time and participation in this case, and there approach at Jury Activism by asking a question to the court, (something not regularly done) the jury did the best with what they were presented. Even though we did not present a Defense it still took the Jury over 3 hours to deliborate (decide). I knew we could not take the case head on unless we got our motions out in front, since I did not get to use the Law Library after requesting to do so in Jail, I was not able to prepare the motions that needed to be filed for this case to succeed. My attorney actually should of been the one filing the motions, but refused to because of his respected court status. The Judge Eve Miller, who I had instructed my attorney to steer clear of, along with Judge Thom because of there lack of "Due Process" and "Bais" toward me- with there unequal application of the "No Matrix/No Recog." Status did a great thing for the community by dismissing the "failure to appear" charge. She could see that this was not community priority and was applied in my case as a last minute attempt by the D.D.A. to try to get me to Plead "Guilty" in a Plea Bargain. Judge Miller did let me make as many motions as I could quickly, even though they were not prepared to her satitisfaction or to court proceedure according to her. But she held at least three motions in a pending status "to be determined" later after all testimony was given, the problem was she did not let me defend the motions I brought up, instead asking my attorney to defend the motions I had filed, and he knew nothing or little about, the D.D.A. cited case law that was correct- similar to the issues at hand, but clearly not intended for that or those applications, knowing full well that my attorney could not defend them because of her "smoke and mirrors" approach. Judge Miller also violated my "Right to Allocution" (Right to Make a statement) and to a "Sentencing Hearing" (right to call witnesses to testify on my behalf). In her defense, I did hear a rumor while in jail, that one day-she was giving every one "No Matrix/No Recog." Statuses. The court deputies (Law Enforcement) in the court room shed a bad light on themselves by there action(s), the first day, one deputy told me to look straight forward and not to talk, actually felt I was "Not Guilty" of "Disorderly Conduct" and gave me the human side of their self- by explaining there knowledge of the issues involved and concerns with practices done by others. They even debated a career change so they could enjoy the "beauty" of the area before it disappeared. Thank you to the court clerk/Baliff? Mrs. ?, thank you for making sure the whole thing got recorded on c.d. for the Appeals Court to Review. And for giving me copies of the docket upon request. Thank You to the Media who pooled and got permission to attend, videotape, and photograph the scene. Thank You to those who protested out front of the court house. And Thank You to all those who wrote letters, sent newsletters, and post cards from here and around the world (Austrilia, England, Finland, Unknown). All of you made the experience a positive one even though the struggle was ongoing. Thank You to the Folks using, involved, and maintaining the Portland Independant Media Center Web-site for there work also and providing a network-the archive events, and comments, and stories, for faciliting communication for the masses and proving a concern to the powers that be for even existing. Thank You to those who posted my bail in the past, and put money on my books. While I usually don't accept these things while in custody I take direction from the community on these issues because sometimes they know best. Next Step, for this case, "The Oregon Court of Appeals". Mike-d.0006f

True or False? 27.Oct.2004 14:45

Can't Be True

First off, Mike-d you have my utmost respect.
Second, I was told, third hand though, that on the final day, sentencing, that only four activists showed up, but that there were 6 armed deputies inside the courtroom ready to do whatever necessary to keep order in case there was a riot/protest/whatever. Can this be so? Does Clackamas County have that big of a budget to waste on peaceful protesters and their supporters? Tell me it isn't so.

I CAN CONFIRM PART OF THAT 27.Oct.2004 18:38

MIKE-D.0007G miked.libco@gmail.com

true or false? 27.oct.2004 14:45

can't be true link

first off, mike-d you have my utmost respect.
second, i was told, third hand though, that on the final day, sentencing, that only four activists showed up, but that there were 6 armed deputies inside the courtroom ready to do whatever necessary to keep order in case there was a riot/protest/whatever. can this be so? does clackamas county have that big of a budget to waste on peaceful protesters and their supporters? tell me it isn't so.

thank you, first off. second off, i was present and so were at least 4 so called protesters or people showing support and 2 or then 3 and then 4 and 5 maybe even 6 police officers inside the courtroom or right directly outside of it, i was more focused on the rest of the courtroom in front of me, the deputies told me to look straight forward, i was trying to get the judge (miller) to allow me to make a statement, but she would not let me, telling me it was "not a political forum" and she said "i could write a story on my website (pdximc)if i wanted to make a statement." they were armed though, ready for something, when i asked informed the deputies of my plan to lie down on the floor in the middle of the court room, a few deputies tried to tell me i had to stand up, and then went and told the judge about my plan. i don't know much about their budget, i did read about them having surplus funds due to lack of full-fledge murder trials, they had like 5 or so budgeted at like a million dollars a piece or something like that and have only had a couple for this budget season so far and both of them plea bargained saving the clackamas county money on defense and prosecution, and appeals. both ward weaver who plea bargained the day before i went to court, and would of been in the same cell block as me, the medical ward, m- (mary) -block, and christian longo or some other high profile case. say it isn't so, o.k. "it isn't so", there were probably there for me and for the three people having a court appointment after me, those fighting murder charges, so i think they planned it back-to-back for convience. but since i'm not a cop, they did not inform me of there law enforcement objectives. i did talk the 3 people attend the court session after my release and they said also a thrid hand conversation the police told them they were the resons for the presence in the court room, so it might be partially true, and partially false. thanks for asking and commenting.

Can This Get Moved? 27.Oct.2004 21:04

Tree Frog

Can this be turned into a feature story? There is still much to read,comments to be made and info to have. BUT it is now buried before its time.

Mike... long time no see... 05.May.2005 12:01

Sister Sally's replacement monicamcmullin@hotmail.com

Hope this is still an active post. Its me, Monica. Damon and I have wondered about you, but the only site I found you on before was the mult co. early release site. I live in california now. Please email me.

I would love to hear from you.