this Affiant probable cause by tpb23050

VIEWS: 61 PAGES: 15

									                                                                    IN OFFFc}ED
                                                                                 OF CLERK
                                                                       JUL 0 120a
STATE OF INDIANA                        IN THE PIKE CIRCUIT COURT    ~                  9
                        SS:                                               'Yo..-". YH ....
COUNTY OF PIKE                                2009 TERM   7    CLERI{ P/I{         . '~
                                        Case No. 63COI-090.,6-MC-0037~     C/RCUITCOUFn

IN THE MATTER OF

          A SEARCH WARRANT

               AFFIDAVIT SHOWING PROBABLE CAUSE
                AND REQUESTING SEARCH WARRANT
          Brad Chandler, being first duly sworn upon his oath,
deposes and says:
   1. 	That he is employed as a Detective with the Indiana
       State Police and was so employed on the dates
       referenced herein, at which time he received
       information from the persons set forth in this
       petition which gives this Affiant probable cause to
       believe that Phillip ~chael Shelton, dob 10-19-85 and
                        . lS in possession of evidence
       regarding the crimes of Conversion I.C. 35-43-4-3
      and/or Corrupt Business Influence, I.C. 35-45-6-2(3),
      by way of:

his person which may be satisfied by taking a picture(s)
thereof and obtaining fingerprint impressions and a saliva
buckle swab for dna analysis, and for this belief would
show the Court the following, to-wit:

   I. 	     Roadblock Earthfirst

   A. 	     Over the course of the past 14 months, Affiant has
            been assigned as a detective, inter alia~ to
            investigate domestic terrorism threats and/or
            incidents associated with radical environmentalists
            opposed to the construction of Interstate 69.
            During the course of such investigation Affiant has
            become familiar with a group which calls itself
            "Roadblock EarthfirstU with the actual and stated
            objective of obstruction and interference with the
            lawful construction of Interstate 69 through areas
            including southwestern Indiana.

Organization through Web Activity

  1. Roadblock Earthfirst, over this course of time, has
  posted information concerning this stated objective on a


                                    1
website stopi69.wordpress.com , including blogs lauding
domestic terrorist activities stated to be in opposition
to the said construction such as 1) destruction of ATM
machines belonging to banks associated by Roadblock
Earthfirst with Gohmann Asphalt a company involved in
construction of the planned section 1 of 1-69, 2) blogs
lauding the intimidation of family members of owners of
businesses associated with 1-69 construction by showing
up at their doors in masked groups, 3) blogs lauding the
shutting down of Gohmann Asphalt in Haubstadt by forcibly
taking control of Gohmann's property and premises through
the use of sleeping dragons etc.

Within the radical environmentalist community such acts
as the above are referred to as "direct action U , a term
which has been frequently used on the
stopI69.wordpress.com website openly maintained by
Roadblock Earthfirst.  During May and/or June 2008,
stopI69.wordpress.com lauded and promoted a tree-sit in
Warrick County near the Gibson county line and in the
path of the first 1.77 miles of planned construction of
1-69. Such tree-sit began on or about May 19, 2008 and
continued until protestors were removed by officers of
Indiana Department of Natural Resources on June 20, 2008.

stopI69.wordpress.com contains links to known anarchist
websites and is known to Affiant to share material with
such websites.

Almost immediately after persons associated with the
May/June 2008 tree-sit were arrested pursuant to their
removal, indymedia.us posted a blog dated June 25, 2008,
threatening to go to the homes, churches and children's
daycares "or wherever else you happen to turn your back u
of the Department of Natural Resources officers who
removed protestors from the above-stated tree-sit. (See
Attached Exhibit ~).    This blog also bragged about an
attempted office invasion at Bernardin-Lochmueller office
at 6200 Vogel Road in Evansville, Indiana:

"Today in Evansville, Indiana, resistance is growing to
fight against the capitalist wet dream called 169.   We
visited the office of Bernardin-Lockmueller [sic) and
Associates, who are responsible planning the entire
suppo sed route for interstate.  Seeing as they've been
targeted before, we attempted to enter with a nicely
dressed decoy_   However, their fear took hold of them and


                           2
  they immediately pushed our comrade out and locked the
  doors. So we banged on windows, and shouted at them
  through the intercom.  In the commotion a window was
  smashed.  Which is nothing compared to the destruction
  that 169 will cause, but perhaps gave our enemy a taste
  of the terror they force daily on the earth.

  To the terr orists at BLA:
  We know you've been targeted in the past, but since
  construction has recently begun-expect more chaos and
  aggression directed at your company and the workers that
  make what you do possible.   Next time maybe we'll pay
  your homes a visit, because we know where you live and we
  know what you do.   As 169 continues its development, so
  does our anger and dedication to standing in your way.
  Our numbers are constantly growing.   We will not let you
  build your road."

  (See attached Exhibit   11)
II. The Known Leadership of Roadblock Earthfirst

Two of the known principal leaders of Roadblock Earthfirst
are Hugh Farrell and Gina Wertz:

  a)Hugh Farrell is known to be a principal organizer and
  leader of Roadblock Earthfirst for some or all of the
  following reasons:

         1) Indiana State Police undercover officer, Jill
         Rice, who Affiant has received truthful
         information from in the past, has personally
         witnessed the said Hugh Farrell leading meetings
         on behalf of Roadblock Earthfirst as reported by
         her from incidents on April 18, 2008 and April
         21, 2008 in Bloomington, Indiana.   At such
         meetings Farrell handed out and promoted
         pamphlets such as "A Civilian's Guide to Direct
         Action: What It Is, What It's Good For, How it
         Works", which pamphlet advocated consulting a
         book "Ecodefense: A Field Guide to
         Monkeywrenching or Recipes for Disaster: An
         Anarchist's Cookbook. u

                   -From Affiant's training and
                   experience, Affiant knows
                   "Monkeywrenching" is a term commonly


                                3
                  used by anarchists to denote vandalism
                  and sabotage of equipment.

       2)On July 14, 2007, Hugh Farrell was identified
       by Oakland City Police Officer, Lloyd Jones, as
       passing out "Critical Updates" in Oakland City,
       Indiana, which lauded "office invasions"
       occurring at the Petersburg and Oakland City 1-69
       offices in which office furniture and supplies
       were forcibly removed by 1-69 protestors.   (See
       "Critical Updates, attached as    8    and Case
       report From Officer Jones attached as Exhibit
         c.. ).
       3)Hugh Farrell was identified by Mary Jo Hannon
       and David Goffinet as shutting down an
       informational 1-69 meeting in Bloomington,
       Indiana on August 21, 2007 after Farrell,
       accompanied by a group of 1-69 protestors,
       charged into the meeting, jumped on a table and
       began shouting. The incident caused such a
       disturbance that the meeting was cancelled.
       Affiant believes this information to be correct
       because Indiana State Police Detective Tom Arvin
       has reviewed audio from the shouting incident and
       identified the voice as that of Hugh Farrell, a
       voice known to Detective Arvin.  Affiant knows
       Detective Arvin to be truthful and honest from
       experience with him in the past.

b. Gina Wertz a/k/a "Tiga" is known to be a principal
organizer and leader of Roadblock Earthfirst for some or
all of the following reasons:

       1) Affiant has personally seen Gina Wertz a/k/a
       "Tiga" transporting persons to and from the
       above-stated tree-sit touted by
       stopI69.wordpress.com of the first 1.77 miles of
       1-69 construction in the Gibson-Warrick county
       line area in June 2008. Affiant has also seen
       "Tiga" mentioned periodically in blogs and
       updates on stopI69.wordpress.com and giving
       television interviews with Fox 7 in Evansville in
       support of the May 19 - June 20, 2008 tree-sit
       and further on a Bloomington radio station giving
       an interview on behalf of Roadblock Earthfirst.
       During the course of the May/June 2008 tree-sit,


                          4
1-69                              Critical Updates 

Bad News:
        EVICTIONS HAVE BEGUN! As of mid-July, half a dozen households will be
forced out of their homes & off their land-the first of 450 families-to be relocated for
the 1-69 NAFTA Superhighway in Southern Indiana. The threat of eminent domain is
being used by INDOT and County Law Enforcement to intimidate people into silent
relocation.
        The isolation of impacted residents is INDOT's key tactic in keeping evictions
smooth and ~Wte. Iallu.oyourJIialds, 4mi.ly and neigh~. None of us are alone in
this. Winning means fighting together until 1-69 is stoppedjor good.

Good News:
         SOLIDARITY ACTIONS ARE ON THE RISE! According to Roadblock Earth
First!, July 9th saw a 'Day-of-Action' that included two 1-69 planning offices, in Oakland
City and Petersburg, being evicted in retaliation of this weeks forced relocations.
 'Hayduke's Moving Company' removed contents out of their offices into the street. No
arrests were made.
        The section 4 office west of Bloomington was shut down for the day after a
banner that read "Stop 1-69" was dropped onto its roof and 50 people assembled outside
in protest. The Bloomington section 5 office was the subject of two demonstrations: An
office invasion and a downtown march of 40 people. Banners were hung across
Bloomington, one ofwruch read "For our farms, forests and futures- Resist 1-69".

 "Until evictions and construction are brought to a halt, individuals
  wilrronfinue 'm-mugg~';n 'rkfense -of'their1romes and against a
 superhighway project that will not benefit any of the communities
                            . ofsGuthwestJndfana.          II

                                                           - Roadblock Earth First!


    The 1-69 Listening Project has established an Anti-J-69 SUPPORT HOTLINE:

                             1-812-650-4414 

Use this number to obtain legal resources on eminent domain and
       report harassment by INDOT surveyors, police, etc.


 COMMUNICATION & SOLIDARITY IS KEY 

   TO OUR EFFECTIVE RESISTANCE! 

                                                                    t;.. f-I t, I -- ~- - --_
                                                                  - CXLJJS-T,__ ~_~         .. -------.
                                                                                                                                                                              INDIANA STATE POLICE
                        VOLUNTARY STATEMENT
                       Siale Form J5648 (R2 /1-08) / Sieck No. 574




   Date (month, day, year)                         P'3ce                                                                                                                 Time started
                                                                                                                                                                                                            1.81 AM.
  October 15, 2008                                 318 Main Street, Suite 222, Evansville, Indiana 47708                                                                  1030                              DPM

  I, the undersigned,          ---.0~g~_~CUrt~ . . ___ _ ._. __ ._ ..____ .
                                                       .                                                                                    _______ years of age, having been born
                                                                                                                                    ,am . _~?
  on       August 17                                                                              , of       1961
  nolV live at       129 Reston Drive, Newburgh, Indiana 47630
  Il1a'le been duly warned and advised by                     r._B a  ha _dIer
                                                           _ M_ _r_d_C_ _n _ _ _ __ _. _ _ _ _ _                                                                ' a persall who has identified l1imself as
       Indiana State Police                                                                                      , that I do not have to make any statement al all, nor answer any questions
  or do anything tl1at might tend to go againsl me or ill criminate me in any manner, and Ihal any statement I make may be used against me on the Iriat or trials for
  the offense or offenses concerning which the following statement is herein made. I was also warned and advised of my right to the advice and presence of a
  lawyer of my own choice before or at any time during any questioning or statement I make, and if I am not able to hire a tav/yer I may request and have a lawyer
  apPOinted for me, by the proper authority, without cost or charge to me.


  I do not want 10 lalk to a lawyer, and hereby knowingly and purposely waive my right to Ihe advice and presence of a lawyer before and during any questioning
  or at any time before or while I voluntarily make the following statement to the aforesaid person, knowing that anylhlng I say can and will be used against me in a
  court or courts of law.


  I declare that Ihe following voluntary statement is made to Ihe aforesaid person of my own free will without promise of hope or reward, without fear or threat of
  phYSical harm, without coercion , favor or offer of favor, without leniency or offer of leniency, by any person or persons whomsoever.



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 I have read this statement conSisting of              -=-2_ _ _ _ __                  page(s), and I certify that the facts conlained therein are true and correct. I further Gertify that I
 made no request for the advice or presence of a lawyer before or during any part of this statement, not at any time before it was finished did I request that this
 statement be stopped. I also declare that I was not told or prompted wilat to say in this statement.


 This statement was completed at                 11 :00 A.M .         _M on the          15th                       day of        October                                                    ,20       08




                                                                                                                                                                       ·
                                                                                                                                                             EXHIBIT---=J)~l_ _ 

                                                                                                                                                                                       INDIANA STATE POLICE
                         VOLUNTARY STATEMENT (Additional Pages)
                         Siale Form 27709 (R21 1·08)1 Sieck ,-lo.       57~·A




     " onCE: Use this form for additional
    'Slatemen l of:                                                                                                                       Dale (month, day, year)                      Page number
     Gregory W. Curtis                                                                                                                               October 15, 2008                                             2

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                                                             1-69 2 Tier E~S - Section 2
                                                                             nd

                                                          PubHc Contact Documentation

  Public contact made with:

  Name          I-Iflff.{ W til T e:­                              Phone:

 Address :     Nt'    !/ofJIU;-SS                                  email :

                                                                   Business Name:

 City/State/Zip:   _ _ _ _ _ _--,.,4~OJIJj                                        /NlJl/fIJA   UN/V-
 County _ _ _ _ _ __                    Parcel 10 (if known or applicable):


 Contact date:

 Contact method:       P      Project Office   D   Field Visit     D     Mail      0
                                                                                  Fax
                          o   Phone Carf       o Email             0     Other _ _ _ _ _ __

 Team Member handling contact:                  )~;J          Cu,ls-oJ

 Notes:                                                                                     (j;"'Vl78'1 ...LN p/'fc)tJ6:iJ
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                                                                               Due               Date
                     Action                         Responsible
                                                                               Date            Completed




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                                                                                       " . . EXHISIT_.-b:=-.,
                                                                                                   ··         ..

								
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