Perennial candidate Martin Lindstedt is keeping himself busy as he serves 660 days in jail for contempt of court and also remains there on $100,000 bond while awaiting a trial on a statutory sodomy charge.
On Friday, Lindstedt filed a second motion asking Presiding Judge Timothy Perigo to "alter, amend, abolish and/or reconsider his lawless and corrupt judgment to unlawfully assign Division III Newton County Juvenile Judge Kevin Lee Selby" from his case.
Lindstedt is asking that Perigo either take the case himself or assign it to Judge John LePage. Lindstedt claims that Selby has a conflict of interest in the case.
While Lindstedt has a long history of filing frivolous lawsuits and generally harassing any official in sight, an appellate court ruling last week does indicate that there may be a question of whether Judge Selby does indeed have a conflict of interest in this case.
The Missouri Southern District Court of Appeals on June 29 ruled against Roxie Fausnaught, Lindstedt's common-law wife in her effort to reverse the removal of her grandchildren from her home. The children were placed in foster care following a protective custody hearing on April 22, 2004, 13 days after the Division of Family Services made an emergency removal of them from the home shared by Lindstedt and Ms. Fausnaught. The reason for the emergency removal is the statutory sodomy charge now faced by Lindstedt.
Ms. Fausnaught's first attempt to overturn the DFS decision was rejected by Judge Selby, according to the opinion. The appellate court rejected her, saying her petition gave it no information on whether she had any right to intervene. "Nothing in the docket sheet guides us to understand the issues in the case." No transcript was included with the case, meaning the judges had no idea if there were any legitimate issues in the appeal.
It would be easy to come to the conclusion that the appeal was actually written by Lindstedt, since Ms. Fausnaught represented herself, according to court documents, and there is one reason after another listed, including some which would indicate there was a conspiracy against Ms. Fausnaught and Lindstedt.
See if you notice anything familiar about some of the reasons listed by Ms. Fausnaught in her appeal.
-"The trial court (Selby) erred before dismissing appellant's motion to intervene unlawfully as proven by his conduct in having appellant's domestic partner (Lindstedt) falsely arrested on April 15, 2004, covering up with this false arrest by means of threatening appellant with bogus and unlawful contempt of court charges, of allowing the Division III court clerks to tamper with the official records and refusing to release these records to legitimate parties to this action, and again threatening Appellant's domestic partner with false arrest and contempt of court."
That certainly sounds like the motions Lindstedt has filed in his current case and in his many past lawsuits.
Lindstedt and Ms. Fausnaught were also upset that Anne Wells had been appointed guardian ad litem in the case, claiming she had a conflict of interest since she had threatened to put Lindstedt in jail when he was creating a disturbance (my words, not his) at a hearing when Ms. Wells was serving as an appointed municipal judge.
The appeal also says Judge Selby, the Newton County Juvenile Office, juvenile officers Pat Stuart, David Jones, Candi Butts, Cathy Gorham, Bill Dobbs and caseworkers Doug Baugh, Linda Rasmussen, Rocky Macy and guardian ad litem Anne Wells "have conspired to steal Appellant's grandchildren, destroy Appellant's family and genetic future, and try to railroad Appellant's domestic partner Martin Lindstedt into prison and have him murdered in prison, for no other reason than because they like to steal and destroy the families of the poor and their political enemies for their own political agenda and self-interest."
What is most amazing about this appeal is the commendably serious manner in which the judges handled it. The opinion included a politely phrased, but clear slap at Lindstedt's ability as a (self-proclaimed) lawyer. "While Appellant includes some citations to authority, such citations are misguided and are inapplicable to her claim of error."
Obviously, Newton County officials have a problem when it comes to dealing with Lindstedt. Even if Selby were to remove himself from the case, how can you appoint someone to handle it when, according to Lindstedt, everyone is in on this conspiracy against him?