CDocuments and SettingsMarty Sto by fjhuangjun

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									UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
_____________________________________________

In the Matter of the Application of

ELLIOTT MADISON AND ELENA MADISON,
JAMES WEISS AND IRINA WEISS, JENNIFER
SOBELEWSKI, MICHAEL WALLSCHLAGER,
and MAIK HASSENBANK,

for an order, pursuant to Rule 41(g) of the Federal
Rules of Criminal Procedure returning property unlawfully
seized from the premises

33-28 88th Street, Queens, New York, on October 1, 2009
________________________________________________

STATE OF NEW YORK )
                                ss:
COUNTY OF NEW YORK)

                ELLIOTT MADISON, being duly sworn, deposes and says:

        1. I am 41 years old and a co-owner of the premises 33-28 88th Street, Queens, New York

where I reside with my wife of 13 years, ELENA MADISON.

        2. I hold a B.A. from the University of Wisconsin in cultural anthropology and psychology, a M.A.

from Wisconsin in Cultural Anthropology and an additional M.A. from that University in Folklore.

        3. I am currently employed (and have been for almost 10 years) by an organization known as

Fountain House, Inc. which provides counseling and related services to persons with severe and persistent

mental illness.1 My title at Fountain House is “social worker” and, in addition to maintaining a personal


        1
        Fountain House has been operating since 1948 and is the country’s largest program of its type.
While Fountain House does not provide therapy or formal one-on-one psychotherapy it is recognized

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                                                  -1-
caseload of over 100 people, I supervise other workers employed by Fountain House in their counseling

of other Fountain House clients.

        4. I was first employed by Fountain House as a “unit worker” and “case manager” for the Fountain

House membership (clients) with severe and persistent (Axis I diagnoses) mental illness. I have since that

time become Unit Leader of two departments in Fountain House but still work as the primary case worker

for over one hundred active client/members, as well as many non-active client/members of the psychosocial

rehabilitation program. I provide direct services for clients on my caseload including but not limited to:

aiding in obtaining benefits (SSDI, Medicaid, Medicare, Food Stamps, Ticket to Work, PASS, etc.). I

attend sessions with clients and their psychiatrists, and prepare comprehensive psychosocial evaluations

that are used by psychiatrists, psychologists, nurse-practitioners, psychiatric hospitals and various City and

State government agencies.

                I also prepare official Human Resources Administration documentation for the United

States Department of Housing and Urban Development, Center of Urban Community Services, and other

public and non-profit housing programs.

                I attend sessions my clients have with our substance abuse counselor and provide

documentation for intake referrals for substance abuse programs, detox centers, and treatment programs.




                In addition, I receive official correspondence from psychiatrists, psychologists, social

workers, and other mental health professionals with regards to my clients.



and regulated by the New York State Office of Mental Health and other related agencies. A more
complete description may be found at: www.fountainhouse.org.

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                                                     -2-
                I also supervise a number of staff in my Units including three New York State licensed

social workers, who perform the same work that I do but lack the experience to be supervisors.

                I also created, facilitate, and provide official feedback for the “Best Practices” training

Fountain House provides to all new staff.

                Although I also approve time sheets, vacation requests, and provide supervision to the

social workers under my supervision, my job is not administrative. Fountain House has an administrative

and accounting staff of which I am not a part. I have always been a social worker at Fountain House and

my positions of leadership have not changed the fact that the vast majority of my time is spent helping

severely and persistently mentally ill adults to return to productive and healthy lives in the community.

        5. Confidentiality of the information I obtain about and from my clients is crucial to my function.

Severely and persistently mentally ill people are reluctant to disclose (or to have disclosed) their diagnoses

and treatments and I believe that I am ethically prohibited from disclosing any of the information I obtain

about my clients to persons not in a treatment position. Being able to assure my clients that what they tell

me remains confidential is essential to getting otherwise resistant people to tell me the truth so that proper

and effective services can be provided to them.

        6. I am also a writer and author. My first published work were two plays performed in Madison,

WI that were based on historical accounts of Frank Lloyd Wright and the Pre-Raphelite poets of the 19th

Century. I also had a play I wrote performed in Sofia, Bulgaria.

        I have also published a number of articles and short stories in various magazines notably,

Steampunk Magazine. (See Exhibit G in Mr. Stolar’s Letter of October 13, 2009)

        I have co-written and published a book of political theory and practice in 2003 entitled Anarchy

                                                      --
                                                     -3-
in the Age of Dinosaurs.

        I have worked on a number of other writing projects including graphic novels, a teleplay and

recently completed an unpublished fantasy novel entitled, Nihlos.

        In addition to writing I have helped to edit a number of published novels which are for the most part

trade mysteries and non-fiction accounts of the paranormal.

        I have published scholarly articles for the American Society for Psychical Research and the Gypsy

Lore Society on topics ranging from fortune-telling to historical hauntings.

        I am currently completing an article which I hope to publish on “Supported Education” for adults

with mental illness.

        I have been a consistent writer of mysteries, fantasy, and non-fiction for my entire adult life.

        7. I have been interested in emergency preparedness ever since the 2003 New York City

blackout. Fountain House found itself ill-prepared to deal with that natural disaster and so I started a

committee shortly afterwards to remedy that situation. Thus, I lead the Emergency Preparedness

Committee at Fountain House and have set up first aid/CPR trainings, schedule informational seminars on

emergency preparedness and prepare information packets for Fountain House’s members and staff.

        8. In 2005, my wife and I went to work with Common Ground in the wake of Hurricane Katrina

in New Orleans. We provided help in restoring and gutting houses and setting up other infrastructure. We

also assisted in setting up a radio station for a local Native American tribe whose radio station had been

destroyed during the hurricane.

        9. Upon return to New York, my wife and I helped found the Aftershock Action Alliance, to

create a grassroots community preparedness and rescue group for Brooklyn and Queens. The group

                                                     --
                                                    -4-
meets regularly and has received training from a variety of experts in the field of preparedness, from the

Red Cross to local Long Island paramedics. We have had training from federally certified instructors (in

Emergency Preparedness). We have also educated ourselves in preparedness by reading, attending

skillshares, attending lectures and watching videos. We have also provided local groups with basic

preparedness trainings and lectures about historical disasters and how they are mismanaged by many

government agencies.

        We believe in the traditional Civil Defense model of citizen preparedness, which is also encouraged

by the Citizen Corps (www.citizencorps.gov/about.shtm), but believe that traditional FEMA approaches

are often counter-productive. I have been invited to our local Community Board in Queens on several

occasions to speak about the need for a local community rescue team. We believe that neighbors helping

neighbors is the best way to prepare and mitigate damage during human-made and natural disasters and

preparedness is the key to successful community rescue efforts. See our training video, with myself as

narrator and my wife as demonstrator of the tools and equipment to be used for these efforts:

http://www.youtube.com/watch?v=Uz5j92To__Y or alternative link http://tinyurl.com/yl4c5jq .

        10. In addition, my wife and I are part of a group known as “The People’s Law Collective” which,

since approximately 2000 has been providing support services, primarily legal, to persons who engage

in protest or demonstration activity in New York City and elsewhere. I do not function as a lawyer and

have never held myself out to provide legal services, but instead act as a para-legal worker in connection

with the activities described. On occasion, I or members of the group function as para-legal members of

the legal team to defend and assist in criminal and civil cases which come to court as a result of protest

activity. This was particularly true of the situation at the 2004 Republican National Convention in New

                                                    --
York City where such services were provided to a variety of demonstrators who were arrested as a result

of their activity. I understand that there were over 1,800 arrests during this event. My wife and I helped

coordinate the legal services of over 100 volunteer lawyers who represented those arrested. In some of

the cases, specifically which ones I do not remember, we assisted the lawyer and client in preparing cases

for trial or other disposition. In this capacity, as part of the defense team we participated in legal strategy

sessions with lawyers and their clients.

        11. On October 1, 2009 I was awakened at approximately 6 AM by law enforcement agents who

told me that they had a search warrant for my home. The agents proceeded to search the various rooms

and spaces of the premises, seizing various items.

        12. As a result of the search, certain property belonging to myself and my wife was seized by the

law enforcement agents and are the subject of this motion for the return of my property. The items I believe

were taken (and the explanations for some of what the property represents) are as follows:2

        - Professional grade gas masks (actually respirators), gas mask air filters, arm and leg pads,

face masks, goggles, walkie-talkies (actually short-wave radios), backpacks containing pick-style

hammers and face masks to which the government refers are actually part of the “go pack”

equipment that is maintained at the residence as part of our Community Emergency Response

Team. See: www.cpr-savers.com/emergency/cert-kits-equipment.html.

        - The “pick-style hammers” which the government touts as nefarious possessions are




        2
         This listing of seized items is based on my own observations and a reconstruction of items
believed to have been taken based on consultations between myself and my wife and a review of the
“receipts” for property which were provided by the seizing agents.

                                                      --
actually specially designed tools for emergency responders to deal with gas mains, water mains and

electrical connections. They are composed of a special non-conductive, non-sparking metal and

manufactured for those purposes. See: www.redesupply.com/Tools/c16/p212/4-in-1-Emergency-

Tool/productinfo.html.

                 - The books about poisons seized by the agents, which again the government touts

as nefarious, are merely reference materials for my fiction writings. It is interesting to note that the

agents did not seize two other, similar books: “Deadly Doses: a Writers Guide to Poisons” and

“The Elements of Murder, A History of Poison” (Exhibit D to Mr. Stolar’s letter of October 13,

2009).

                 - The “test tubes and beakers” noted by the government were actually seized from

the greenhouse on the premises and were in use for soil testing for the household’s front garden and

greenhouse and for measuring organic nutrients for the hydroponic garden at the premises.

                 - Exhibits H to the government’s submission is a “sticker” printed and apparently

widely distributed (not by myself or my wife) in quantity, and recovered from the door of the

refrigerator at the premises where it had been placed along with many other stickers, magnets,

notes, photos, etc. (See Exhibit E to Mr. Stolar’s letter, a photo of the refrigerator door recently

taken). Exhibit J to the government’s submission is an art project containing a drawing and language

by the artist (see text contained on the drawing in Exhibit F to Mr. Stolar’s letter). I, and my wife,

consider these to be “free speech” in its purest form: an expression of politics, not evidence of a

crime.

         13. Other items seized (or not seized) show vividly the unbridled discretion given to the

                                                       --
searching law enforcement officers in executing their warrant:

                 - Approximately three issues of Steampunk Magazine were seized by the

 agents. These magazines contain published fiction and non-fiction writing in the “steampunk”
genre. For some reason, two issues of the magazine were not seized.

                             The term ‘steampunk’ was coined to refer to a branch of ‘cyberpunk’
                         fiction that concerned itself with Victorian era technology. However,
                         SteamPunk is more than that. SteamPunk is a burgeoning subculture that
                         pays respect to the visceral nature of antiquated technology.
                               It’s about ‘steam’ as in steam-engines and it’s about ‘punk’, as in
                         counter-culture.


(See Exhibit G to Mr. Stolar’s letter, copies of the covers of the two issues of the magazine left

behind and the source of the quote above.) I am a contributor to the magazine which publishes my

stories and articles. Why three copies of the magazine were seized as “evidence” with two left

behind is unexplained. Why a published magazine, available in print and in digital form, would

constitute evidence is also unexplained and unexplainable.

                 - Also seized was a box containing approximately 50 copies of a 151 page book

entitled “Anarchy in the Age of Dinosaurs”, a political theory and practice book for those interested

in a particular anarchist philosophy, first published in 2003. (See Exhibit H to Mr. Stolar’s letter,

a copy of the cover and first few pages of the book). Is this evidence of a violation of federal anti-

rioting laws? The seizing agents must have thought so since they not only seized the copies of the

book but, noting that the book’s authors are “the curious george brigade”, seized Curious George




                                                      --
stuffed animals, Curious George refrigerator magnets3, and Curious George original artwork and

drawings. Of note, contained on my and my wife’s seized computer were, among other things, a

draft of the Curious George Brigade’s second book as well as scanned artwork for the new

publication.

                - Also seized were my personal journals, letters to and from my family, letters in

Bulgarian from Elena Madison’s family, thank-you notes from people who had been guests at our

residence, a “guest book” noting visitors to the residence, Elena Madison’s “birthday book”(a

scrapbook with signatures of well-wishers), a crate containing books published by a publisher

called “Crimethinc” on various topics, an archival library of some 500 “zines”, which are mostly

self-made and self-published magazines on various topics of interest to the various authors such as

history, backpacking, environmental matters, legal rights, and just plain humor.

                - Added to this list of “evidence” seized were notebooks containing “role-playing”

game scenarios, similar to “Dungeons and Dragons”, and books of anarchist political theory and

history. It is noteworthy that other, similar books were not taken.

                - Also seized were personal fiction and non-fiction writings of both myself and my

wife, as well as a notebooks with my as yet unpublished poetry and outlines for my various writing

projects, including stories and plays.

                - The seizing agents also used their discretion to take numerous DVD’s and CD’s.

The DVD’s include the full set of “Buffy the Vampire Killer” television programs and various


        3
        Also seized from the refrigerator was a magnet containing the likeness of Mao Tse Tung, a
questionable piece of evidence, although another similar magnet was not taken.

                                                    --
movies such as “The Remains of the Day” and “The Matrix”. The CD’s contain hundreds of

recordings including jazz, punk, alternative, world, Gypsy/Balkan, rock and roll, and classical

music.

                - In addition to the artwork referred to above, the agents apparently also thought

that political posters hanging in various locations in the premises were evidentiary in nature,

including one of a film about the Spanish Civil War, of Greece, Germany, and Chiapas, Mexico,

incarcerated activists, and a needlepoint heirloom depiction of Lenin given to my wife by her

grandmother. The agents also took a picture of Hristo Botev, the Bulgarian national poet. In their

discretion, the agents did not seize pictures/posters of Lord Byron, Walt Whitman, Diego Rivera

and, strangely enough, the noted anarchist Bakunin.

                - Personal, sentimental postcards from husband to wife and vice-versa were also

seized along with personal organizers (date books) and a work datebook relevant to my

employment and relations with clients at Fountain House.

         14. On the computer seized from myself and my wife were files containing a draft of a

paper being prepared for Harvard University on “Supported Education” for mentally ill people, a

novel entitled “Nihlos” in final edited form ready to be submitted to my agent, Elena Madison’s

urban planning projects, including a local community garden, various movies and TV shows, music,

a curriculum concerning disaster psychology, first aid and triage for CERT training, personal

photographs from vacations and other occasions, fiction writing in progress, a partially completed

translation by my wife from French news media concerning events in France, a design for a new

board game, and informationand designs for stage magic. Numerous other innocuous files are also

                                                    --
expected to be found on the computer.

                An external hard-drive was also seized which contains, among other files, music,

books, articles, videos and notes for Elena Madison’s work as an Urban Planner. Similarly,

various memory cards for a camera were seized which include photos for Ms. Madison’s work,

as well as personal pictures from family vacations.

        15. Our Certificate of Marriage was also seized, along with my passport and numerous

cell phones from both my wife and I and other residents of the house. Also of note is the seizure

of an antique homeoepathy kit (including many empty vials), a gift from my wife. The case

containing the kit can partially be seen in government Exhibit J.

        16 Other items belonging to my wife and I were also seized but cannot be specifically

identified at this writing because neither my wife nor I were present when they were seized. My

wife was out-of-town during the search and I was advised by the agents that in the course of the

search, they seized a quantity of fireworks within the premises. Although I denied that the

fireworks were mine, the agents advised me that because I was an owner of the premises, I would

be charged with their unlawful possession. At approximately 10:45 A.M. I was taken from the

premises to the 115th New York Police Department Precinct in Queens and issued a summons for

a claimed violation of the New York Penal Law, which I understand to be a violation and not a

crime. After the summons was issued, I was not permitted to re-enter the premises.


                                                      ___________/s/_________________
Sworn to before me this 19th                     ELLIOTT MADISON
day of October, 2009



                                                      --
________________________________________
Notary Public




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