One for the Warden File

Good old Roy Warden:

TPD's MO has traditionally been to arrest him a couple days later. I can't believe the city court can't find a way to get these cases over. I can't believe Ron Zack can't find a way off the case.


> Reply-To:
> From: "ROY WARDEN"
> To: "ROBERT GAFFNEY" ,
> "RONALD ZACK"
> Subject: FW: GAFFNEY RE TRO ORDER.doc
> Date: Fri, 25 Sep 2009 15:58:07 -0700
>
>
>
> From: ROY WARDEN [mailto:roywarden1@netzero.net]
> Sent: Friday, September 25, 2009 3:40 PM
> To: 'roywarden1@netzero.net'
> Subject: RE: GAFFNEY RE TRO ORDER.doc
>
> I just re-read my commentary to you.
>
> Please don’t take it as a reflection on your services performed to date. Simply speaking; every time they have to provide me with an attorney for some alleged violation the story gets bigger. Now, I have three court appointed attorneys working on Roy Warden Cases. Maybe when they employ ½ the lawyers in town to provide for my defense their resources will be stretched too thin and they’ll stop arresting and prosecuting me.
>
> Sort of a scorched earth war of attrition, a common enough strategy don’t you think?
>
> From: ROY WARDEN [mailto:roywarden1@netzero.net]
> Sent: Friday, September 25, 2009 12:31 PM
> To: 'Robert Gaffney'
> Subject: RE: GAFFNEY RE TRO ORDER.doc
>
> Thanks Mr. Gaffney:
>
> Within the last two hours I re-violated the 1,000 feet order and burned two Mexican Flags in front of the Pima County Courthouse, the Brown Berets, 100 assorted protestors/counter protestors, 50 or more sheriff deputies and TPD officers, etc.
>
> If they arrest me, please make them get another lawyer, unless you REALLY, REALLY want to spend significant time litigating the constitutional issues.
>
> From: Robert Gaffney [REDACTED--BSK]
> Sent: Friday, September 25, 2009 12:15 PM
> To: roywarden1@netzero.net
> Subject: Re: GAFFNEY RE TRO ORDER.doc
>
> Attached, please find the court's orders re: not going within 1000 feet of 33 N. Stone or going to the Library, etc. If you need anything else, let me know.
>
> Bob Gaffney
>
> -----Original Message-----
> From: "ROY WARDEN"
> Sent 9/22/2009 5:25:20 PM
> To: "'Robert Gaffney'"
> Subject: RE: GAFFNEY RE TRO ORDER.doc
> Scan and email it. It can be an attached file. Thanks!!
>
> From: Robert Gaffney [REDACTED--BSK]
> Sent: Tuesday, September 22, 2009 5:23 PM
> To: roywarden1@netzero.net
> Subject: Re: GAFFNEY RE TRO ORDER.doc
>
> I am now able to send you the court order prohibiting you from going within 1000 feet of 33 N. Stone. Do you want me to fax it to you or scan and email. Let me know. If you want a fax, give me your fax number.
>
> Bob Gaffney
>
> -----Original Message-----
> From: "ROY WARDEN"
> Sent 9/16/2009 5:04:22 PM
> To: "'Robert Gaffney'"
> Subject: RE: GAFFNEY RE TRO ORDER.doc
>
> Thanks Robert. Unfortunately the City Court has a 1 week delay in getting the file. So, we’ll just have to do the best we can…
>
> From: Robert Gaffney [REDACTED--BSK]
> Sent: Wednesday, September 16, 2009 3:46 PM
> To: roywarden1@netzero.net
> Subject: Re: GAFFNEY RE TRO ORDER.doc
>
> I am out of the State right now and won't return until next week. I'll get it to you as soon as possible. If you need it sooner, you can get copies from your file in Tucson City Court.
>
> -----Original Message-----
> From: "ROY WARDEN"
> Sent 9/16/2009 10:20:49 AM
> To: "ROBERT GAFFNEY"
> Subject: GAFFNEY RE TRO ORDER.doc
>
>
> []
>
> September 16, 2009
>
> Robert Gaffney
> Attorney at Law
>
> Re: Arizona v Warden
>
> Dear Mr. Gaffney:
>
> I am about to undertake a course of action which will impact our case(s) and your representation, I hope in a positive way.
>
> In spite of the various orders against me, over the past several months I’ve participated in and spoken at a series of political rallies associated with Smart Girl Politics, the Tucson Tea Party, Anti OmamaCare, etc., all without response from the Tucson Police Department.
>
> I am now organizing a Counter Protest rally for 9 am Friday September 25, 2009 in front of the Pima County Superior Courthouse, where various groups will gather in opposition to the Brown Berets, a militant, “Pro Raza” activist group promulgating, among other things, a racist, open border viewpoint.
>
> At this point I intend to speak out against Pima County Open Border Policy, the Tucson City and Pima County Superior Court judges who have protected such policy, and to Burn a Mexican Flag. Of course this activity will (1) piss off the local judges and (2) directly put me in violation of several Municipal Court orders prohibiting my political speech, which I contend, are beyond the jurisdiction of the Court to issue.
>
> Prior to the event I plan to move the federal court for a TRO enjoining the Tucson Police Department from interfering with my activity. Since I’ve never done one before I presume I will have significant research to do, etc.
>
> As an exhibit I need a copy of whatever paperwork you now have which proves there is currently an Order of the Court which prohibits me from coming within 1,000 feet of the corner of Pennington and Stone, or whatever it says, and the fact that I am now being prosecuted for being in violation of such order.
>
> Would you be so kind as to scan in whatever material you now have and email it to me? You shouldn’t need any more than a page or two.
>
> Thank you for your help!
>
> Roy Warden
>
> CC Ronald Zack

A few remarks:

1. No, I did not receive this from Bob Gaffney.
   
2. Warden's actually relatively well-behaved. He's known for turning on his counsel (and sabotaging his own case) at the slightest provocation.
   
3. An indigent with no visible means of support, Warden actually, briefly, had ACLU as counsel a few years ago, and has since then made use of services of the public defender's office.
   
4. He's back on Nutzero Netzero. Back in 2005, he was banned. I wonder if he slipped under the radar. I'm terribly busy but should send them an e-mail.
   
5. Warden may have a legitimate civil liberties complaint--centered on what to my non-lawyerly eyes is a very interesting question--but the chances of him doing what needs to be done for relief are slim.
   
6. Characters like this are very common in Southern Arizona politics and public life. Two of them--Joe Sweeney and Russ Dove--have run for Congress, Sweeney as a major party nominee. Lumping Dove in with those two is probably not fair, either, as he reputedly earns a living.
   
7. The Left and the libertarians both have their share of nuts down here, too, but none whose antics are this protracted, or who are this loud.