"They are all out to get me" - Will Baker. Can Will prove it?

Will Baker lives in the Tacoma area known as the 8th and I street neighborhood in "The Hilltop", a neighborhood which has historically had a reputation for being one of the most violent in Tacoma. He has witnessed, firsthand, violence against women and children, drug distribution and abuse, and he has experienced the manifold problems suffered by the citizens of his neighborhood.

Will Baker's frustration with the failure of municipal and county government officials and police to effectively address these and other issues pressed him into action. He made a habit of running for public office and of attending Tacoma City Council and Pierce County Council meetings in an effort to draw attention to various issues in the hope that public awareness would bring public pressure to force positive changes.

These meetings are open to the public. The public is invited to speak on agenda issues. He claims his cause to hold government administrators accountable for the promises they make and break, and to expose waste, fraud and corruption. His context is to do so in a manner emulating the great non-violent peaceful protesters of the 20th century, Mahatma Gandhi and Dr. Martin Luther King, Jr.

Will Baker's open and confrontational oratory has made few friends among the City and County Council members. The meetings are televised live. He researches the issues and presents information, which embarrasses the Council members and other public officials. Will Baker has repeatedly embarrassed council members and other public officials by presenting specific critical information relevant to issues pertaining to agenda items and public concern. While Will Baker has spoken out on many issues, he is most known for speaking out on:

1. Crime/Public Safety
2. Election Fraud/Election Manipulation
3. Judicial Misconduct

The City Council and the County Council and other public officials have sought aggressively to silence Will Baker.

The tactics used by City Council, County Council and other public officials include (but are not limited to):

1. Targeting Will Baker for Criminal prosecution in retaliation for his public speech,
2. Blacking - Out all or parts of regularly scheduled rebroadcasts of Tacoma City Council and Pierce County Council meetings to prevent viewers from hearing public testimony that is critical of the Councils,
3. Installing mute-buttons in the chambers of the Tacoma City Council and Pierce County Council to censor public testimony that is critical of the Councils while allowing viewers to hear public testimony that is complimentary of the Councils,
4. Refusing to print Will Baker's candidate statements in the local voter's pamphlet and refusing to air Will Baker's candidate statement in the City of Tacoma's video voters pamphlet,
5. Having Will Baker deal with five eviction attempts in a four year period, and
6. Trying on three occasions to have Will Baker committed to a mental institution.

All of these tactics have resulted in burying Will Baker in an avalanche of legal proceedings. As a result, even when Will Baker has been successful in getting judicial rulings that various actions by public officials are unconstitutional, it has been difficult to respond to all of the legal deadlines that result from the decisions/appeals.

(Please Note: Since December ’97, Will Baker has been successful in getting trial courts to state that both the City of Tacoma's "Disorderly Conduct" and the City of Tacoma's "Criminal Trespass" statutes are unconstitutional.)

(Please Note: Will Baker was also successful in capturing Pierce County Auditor Cathy Pearsall-Stipek, on videotape, rigging a candidate ballot drawing in the 1998 election in favor of all the incumbent candidates; including all the judicial incumbents. Will Baker then took a copy of the videotape to King 5 News Director Ed White which resulted in four TV news reports about the rigged ballot drawing.)

As an offer of proof that the Tacoma City Council, Pierce County Council and other public officials have targeted Will Baker for Criminal prosecution in retaliation for his public speech, Will offers the following:

Fact #1. All City of Tacoma Council meetings are broadcast live and are also video-taped by the municipal television station- T.V. Tacoma (Channel 12). (Also, Tacoma City Council meetings are supposed to be rebroadcast on T.V. Tacoma throughout the week.)

Fact #2. Tacoma City Council meetings are held each Tuesday evening at 5:00 p.m.

(Tacoma City Charter, Section 2.8)

(Please Note: The Tacoma City Attorney’s office has a representative present at all Tacoma City Council meetings to make presentations, answer questions from and give advice to the Tacoma City Council.

Tacoma City Attorney Robin Jenkinson is present at almost all Tacoma City Council meetings.)

Fact #3. Any member of the public is supposed to be allowed to attend these meetings

under the State Open Public Meetings Act. (Tacoma City Charter, Section 2.8)

Fact # 4. In the Rules of Procedure of the Council of the City of Tacoma, Rule 10.2-Public Comment states in part, "2. Public Comment. Any person has the right to speak on any item on the Agenda at the time the item is discussed by the Council."

Fact #5. Article 1, Section 5 of the Washington Constitution provides that "…every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right."

Fact #6. The First Amendment to the U.S. Constitution provides that, "Congress shall make no law…abridging the freedom of speech…".

Fact #7. The Bible states, "Come, let us reason together, saith the Lord…" - Isaiah 1:18

Fact #8. Tuesday, November 5, 1996. Citizens of Tacoma and Pierce County vote on eight proposed amendments to the Pierce County Charter (the constitution for Pierce County). Most of the proposed amendments had to do with making government more accountable to citizens and increasing the voting rights of citizens.

Pierce County Auditor Cathy Pearsall-Stipek mailed out a voters' pamphlet that contained statements written in favor of passage of the amendments and against passage of the amendments. However, she did not print the text of these amendments. This violates RCW 29.81A.040. Stipek then appointed her husband to the committees to write statements against passage of six of the eight amendments.

Fact #9. Tuesday, December 3, 1996. Will Baker testifies at Tacoma City Council meeting during "Citizens' Open Forum" that RCW 29.81A.040 clearly states that the text of all ballot measures are to be provided for voters so that voters do not have to take the word of the people that write the statements in favor of passage or against passage of the ballot measure; instead, voters are also to be provided an opportunity to read the measures for themselves. Will then asked why no one on the current council was concerned about an obvious violation of election law during the Tuesday, November 5, 1996 election?

After Will Baker had finished his testimony and stepped away from the speaker's podium, Tacoma City Councilman Dave DeForrest spoke in support of Pierce County Auditor Cathy Pearsall-Stipek.

(Please Note: Tacoma City Councilman Dave DeForrest is very close to Pierce County Auditor Cathy Pearsall-Stipek. Dave DeForrest was the president of Stipek's campaign steering committee when she ran for Tacoma School Board in 1983 {PDC files- 9/23/83}. DeForrest also gave her $200 on April 20, 1997 for her 1998 re-election campaign even though a large number of the citizens that were forced to become absentee voters, whether they wanted to or not, on January 9, 1996 live in his East Tacoma District.)

(Please Note: Tacoma City Attorney Robin Jenkinson was present at this council meeting.)

Fact #10. Wednesday, December 4, 1996. Pierce County Auditor Cathy Pearsall-Stipek writes a letter (using Pierce County stationery) to Will Baker that states,

The letter further states, " Mr. Baker, you are no dummy. You knew exactly what you were doing and saying and knew that your slanderous lies would be aired over cable TV, not once, but numerous times."

(Please Note: Stipek’s letter clearly states that she doesn’t want speech that criticizes her to repeatedly run on television.)

(Please Note: Stipek is partially right! Will is fully aware that the Tacoma City Council meetings are supposed to be aired several times during the course of the week. This is why Will feels that "Citizens Open Forum" is such an effective way to bring issues into the public spotlight.)

(Please Note: Unlike citizens who live in Seattle/King County, Bremerton/Kitsap County, and Olympia/Thurston County, citizens who live in Tacoma/Pierce County are not allowed public access television.

This refusal to allow Tacoma/Pierce County citizens public access television comes directly from the Tacoma City Council and the Pierce County Council.)

Fact #11. Wednesday, December 4, 1996. Pierce County Auditor Cathy Pearsall-Stipek also states in her letter to Will Baker,

(Please Note: Stipek used the phrase "file charges", not "file suit". Pierce County Auditor Cathy Pearsall-Stipek stated that Will Baker would end up facing criminal charges if he continued to exercise his basic constitutional right to criticize the election practices of an "elected"(?) official during "Citizens' Open Forum" at a public meeting. Stipek sent copies of this letter to Tacoma Mayor Brian Ebersole, all Tacoma City Council members, Tacoma City Manager Ray Corpuz, and Dave Elliott at the Secretary of State's Office.)

Fact #12. Despite the fact that Will Baker was one of the 24,000 citizens living throughout Tacoma and Pierce County who were forced on Tuesday, January 9, 1996 to become absentee-voters whether they wanted to or not (the Auditor eventually backed down only after months of public outrage), Cathy Pearsall-Stipek didn't mail her December 4, 1996 letter to Will Baker's mailing address; instead, she mailed the letter threatening Will Baker to his physical address (as a result, Will Baker never received the mailed letter).

Fact #13. Early December '96. About a week after Will Baker had testified at the December 3, 1996 Tacoma City Council meeting during "Citizens’ Open Forum" about the failure of Pierce County Auditor Cathy Pearsall-Stipek to print the text of ballot measures in the November 5, 1996 election, Will received a phone call from Tacoma resident John Hathaway asking Will for a copy of the letter that Stipek had mailed to Will.

(Please Note: John Hathaway put out a vanity newsletter called "The New

Takhoman" that covered the Tacoma City Council from the fall of 1994 to November 1998.

The newsletter is nick-named "The DeForrest Digest" by activists throughout the city because Tacoma City Councilman Dave DeForrest has Hathaway in his hip pocket.

John Hathaway is married to Carolyn Cohen. Carolyn Cohen was the President of the Tacoma Public Library's union branch for regular library employees from January 1995-December 1998, and Carolyn is currently the shop steward for AFSCME #120 L.

Carolyn Cohen and John Hathaway both endorsed Dave DeForrest in the 1997

Tacoma City Council election.)

Fact #14. Early December '96. After hearing from Hathaway, Will Baker called the Auditor's office and asked if Stipek had sent him a letter. Pierce County Auditor employee Pat Flynn informed Will that there was a letter so Will Baker asked if he could have a copy of the letter. Will Baker then picked up a copy of the letter from Pat Flynn at the Pierce County Annex building (where the Auditor's office is located).

Fact #15. Early to Mid December '96. Will Baker responds publicly to Pierce County Auditor Cathy Pearsall-Stipek's letter on "The Barbara Lord Nelson Show" (KKMO Radio-1360 AM).

(Please Note: Currently, "The Barbara Lord Nelson Show" is aired on KLAY Radio-1180 AM).

Fact #16. Tuesday, January 7, 1997. Will Baker responds publicly at Tacoma City Council meeting during "Citizens' Open Forum" to Pierce County Auditor Cathy Pearsall-Stipek's letter.

(Please Note: Tacoma City Attorney Robin Jenkinson was present at this council meeting.)

(Please Note: The speech Will Baker gave is the body of the four candidate statements that were turned into the Auditor for the Tacoma City Council Voters' Pamphlet on August 1, 1997.)

(Please Note: Section 5.6 of the Tacoma City Charter - the constitution for the City of Tacoma - clearly states that the city clerk must arrange for a voter’s pamphlet to be mailed to each individual place of residence in the city at least ten days prior to the date set for the primary municipal election.)

(Please Note: Tuesday, June 17, 1997. The Tacoma City Council passes Resolution #33734 directing the City Clerk to participate with the Pierce County Auditor to prepare a Voter’s Pamphlet for the primary election on September 16, 1997 and the general election on November 4, 1997.)

(Please Note: Basically, the Tacoma City Council voted to fulfill Section 5.6 of the Tacoma City Charter by having the City Clerk contract out the City of Tacoma’s Voter Pamphlet to the Pierce County Auditor.

Basically, the Tacoma City Council hired the Pierce County Auditor to print the City of Tacoma’s Voter Pamphlet.)

(Please Note: Friday, August 1, 1997. The opening line in all four candidate statements is "I believe the number one issue in the 1997 City Council elections ought to be the illegal and unethical election practices used by the person who runs City of Tacoma elections and current City Council members who have attempted to protect these practices."

The statements include a series of 13 facts. The facts are numbered and laid out in sequence, from one candidate to the next. The statements are carefully crafted to point out the concerns that the four candidates have concerning the actions of the Pierce County Auditor. The statements also take to task the complicity of the Tacoma City Council and the Tacoma News Tribune.)

(Please Note: Tuesday, August 5, 1997. Will Baker, Ayesha Newell, Rick Cvitanich, and David Gruenstein find out that their candidate statements are being rejected for publication in the City of Tacoma Voters’ Pamphlet by Pierce County Auditor Cathy Pearsall-Stipek by reading a story in the Tacoma News Tribune.

The headline in the "Tribune" on August 5^th, 1997 reads: "Candidate statements rejected - Auditor says voters' pamphlets submissions from Tacoma Council hopefuls are illegal." (Tacoma News Tribune 8/5/1997 Page # B-1)

(Please Note: Stipek did not notify the candidates about her decision to refuse to print their statements prior to announcing her decision to the press/media.)

(Please Note: By refusing to print the candidate statements, Pierce County Auditor Cathy Pearsall-Stipek was:

1. Refusing to print political candidate statements in the Voters Pamphlet that were critical of herself,
2. Telling political candidates what issues they could and could not campaign on in the Voter's Pamphlet and,
3. Refusing to print the political candidate statements of the opponents of the incumbent candidates who hired her to print the Voter's Pamphlet.

Fact #17. Tuesday, January 7, 1997. Tacoma City Councilmember Mike Crowley interrupts Will Baker's testimony and states:

(Please Note: The City of Tacoma has several laws that are being used to outlaw criticism of public officials.

In the Rules of Procedure of the Council of the City of Tacoma, Rule 10.6 – Miscellaneous states in part:

"6. Complaints. No …complaints, particularly those of a derogatory nature, against any official or employee of the City shall be discussed at any City Council meeting …."

Also, in the Rules of Procedure of the Council of the City of Tacoma, Rule 4.3 – Debates states in part:

"3. Courtesy. All speakers … in the discussion, comments, or debate of any matter or issue … shall not … indulge in derogatory remarks or insinuations in respect to any … member of the Council, or any member of the staff or the public …."

Can someone please explain the difference between an illegal derogatory remark about a public official and a constitutionally protected critical remark about a public official?)

1. Whether the Rules of Procedure of the Council of the City of Tacoma, Rule 10.6 and Rule 4.3 are unconstitutionally overbroad because they make unlawful certain types of speech historically protected by the First Amendment to the United States Constitution and Article 1, Section 5 of the Washington State Constitution?
2. Whether the Rules of Procedure of the Council of the City of Tacoma, Rule 10.6 and Rule 4.3 are unconstitutionally vague when they do not provide adequate notice to citizens and contain inadequate standards to prevent arbitrary enforcement?
3. Whether the Tacoma City Council’s speaking rules are contradictory?

(Please Note: In the Rules of Procedure of the Council of the City of Tacoma, Rule 10.3 - Citizen’s Forum - First Tuesday states in part,

"On the first Council meeting of each month, 30 minutes shall be reserved for citizen’s comments…, …Remarks should be in the nature of … complaints, … and/or constructive criticism…".

Can someone please explain the difference between the illegal "complaints/derogatory remarks" about public officials that are outlawed in Rule 10.6 and Rule 4.3 and the legal "complaints/constructive criticism" that are allowed in Rule 10.3?

Who is going to determine is a citizen's testimony is an illegal "complaint/derogatory remark" or a legal "complaint/constructive criticism"? The Public official being criticized? Get Real!

Clearly Rule 10.6 and Rule 4.3 are in direct conflict with Rule 10.3.

Will also believes that it is also clear that Rule 10.6 and Rule 4.3 are unconstitutional; while Rule 10.3 "Citizens Open Forum" is constitutional.)

Fact #18. Tuesday, January 7, 1997. Mayor Brian Ebersole stated,

"…our discomfort is that their is no one here that can address your concerns who knows the other side of their story and as we all know, we've gotten the letters. Cathy Pearsall takes great offense to what you are putting on public television and she is not here to defend herself."

Fact #19. Tuesday, January 7, 1997. Tacoma City Council member Bill Baarsma stated,

Fact #20. Friday, January 10, 1997. The "Tribune" reported that "After the meeting, Kirby suggested Ebersole install a switch to turn off the sound or the coverage by the municipal television station." (Tacoma City Councilmember Steve Kirby) T.N.T. B-1.

Fact #21. Mid January '97. John Hathaway tells Will Baker that Pierce County Auditor Cathy Pearsall-Stipek told him that she had gotten video-tape copies of the Tuesday, December 3, 1996 and Tuesday, January 7, 1997 Tacoma City Council meetings from T.V. Tacoma-Channel 12 (municipal station) and had taken these tapes to Pierce County Prosecutor John Ladenburg and had asked Ladenburg if there was any action that he could take to stop Will Baker.

(Please Note: Pierce County Prosecutor John Ladenburg is very close to Pierce County Auditor Cathy Pearsall-Stipek. John Ladenburg and his wife Connie have repeatedly given money to Cathy Pearsall-Stipek's various election campaigns:

John and Connie Ladenburg gave $50.00 to Cathy Pearsall's political campaign

on December 13, 1989 {PDC files-12/18/89}.

John and Connie Ladenburg gave $50.00 to Cathy Pearsall's political campaign

on ?{PDC files-12/28/89}.

John and Connie Ladenburg gave $25.00 to Cathy Pearsall's political campaign

on February 15, 1990 {PDC files-2/21/90}.

John and Connie Ladenburg gave $25.00 to Cathy Pearsall's political campaign

on February 17, 1990 {PDC files-3/9/90}.

John and Connie Ladenburg gave $30.00 to Cathy Pearsall's political campaign

on April 28, 1995 {PDC files-6/7/95}.

When Dave Stipek (Cathy Pearsall-Stipek’s husband) ran unsuccessfully for

Civil Service Board Position No. 1 in November ’93, the names of John and Connie Ladenburg appear in the Official Voters’ Pamphlet as two of the ten Tacoma City resident sponsors listed underneath Dave Stipek’s candidate statement.

John Ladenburg publicly endorsed Cathy Pearsall-Stipek for Pierce County

Auditor in a advertisement which appeared in the "Tribune" on Friday, September 16,

1994.)

Fact #22. Tuesday, February 18, 1997. John Hathaway passes out copies of his newsletter "The New Takhoman" at Tacoma City Council meeting which makes reference to Pierce County Auditor Cathy Pearsall-Stipek’s threat to bring "charges" against Will Baker and also makes reference to Pierce County Prosecutor John Ladenburg taking action against Will Baker in response to Will Baker’s public criticism of Stipek’s handling of local elections.

First Arrest

Tuesday, April 29, 1997 Arrest

Fact # 23. Tuesday, April 29, 1997. On April 29, 1997, at a regular meeting of the Tacoma City Council, a public hearing was held on the City of Tacoma 1997 Consolidated Plan.

Fact # 24. Tuesday, April 29, 1997. One of the conditions of the H.U.D. grants was that a public hearing to take public testimony must be held. (Transcript Of Proceedings Tacoma Municipal Court December 4, 1997, p#3, lines #19-20)

Fact # 25. Tuesday, April 29, 1997. Will Baker - who had made a habit of attending Tacoma City Council and Pierce County Council meetings before the cost of defending himself against numerous arrests at these meetings made participation financially prohibitive - signed up on the speakers list to testify on the City of Tacoma 1997 Consolidated plan.

(Please Note: Specifically, it was Will Baker's intent to testify against the continued funding of the Hilltop Action Coalition, a program that was to receive $20,000 in H.U.D. grant money.)

Fact # 26. Tuesday, April 29, 1997. When the council meeting reached the first point where it was time to start taking public comment on various agenda items Mayor Ebersole stated:

(Please Note: This announcement by Mayor Ebersole immediately led Will Baker to believe that Mayor Ebersole and the entire Tacoma City Council had already decided, while acting under the color of law, to deprive Will Baker of his constitutional right to criticize the City Council and their programs during his public testimony before the City Council.

In this specific case, Will Baker suspected that Mayor Ebersole would declare any critical comments made by Will Baker to be not germane to the agenda item being discussed so that Mayor Ebersole could invoke the council rule that testimony must be germane to the topic under discussion to disrupt Will Bakers testimony and deny Will Baker the opportunity to give testimony.

The reason Will Baker believed this was because Mayor Ebersole had never given a warning before about keeping statements germane and having the chair decide which comments were germane and because Mayor Ebersole and other elected officials had tried numerous tactics to discourage Will Baker from testifying in the past; including, but not limited to:

1. Sending Will Baker a letter that stated that he would be facing criminal charges if he continued to make critical comments on government access television
2. By bringing in a police escort for Will Baker during Tacoma City Council meetings
3. By installing a mute button that can turn off the microphone at the speakers podium to keep the television viewing audience from hearing testimony that is critical of the Tacoma City Council and their projects. )

Fact # 27. Tuesday, April 29, 1997. Will Baker decided that if Mayor Ebersole tried to prevent Will Baker from testifying by simply declaring any critical comments to be "not germane" Will Baker would protest such an abuse of power in a manner emulating the great non-violent protesters of the 20^th century, Mahatma Gandhi and Dr. Martin Luther King, Jr. by refusing to voluntarily give up his constitutional First Amendment right to free speech and his Fourteenth Amendment right to equal protection/equal access and instead demand that the Tacoma City Council either recognize his right to testify for three minutes like everybody else or arrest him.

Fact #28. Tuesday, April 29, 1997. Several representatives from various community organizations that were receiving money were present at the meeting and gave testimony. All of these speakers gave testimony in support of the allocation of federal money.

(Please Note: Will Baker was the only person to attempt to speak in opposition to the funding. Several of the individuals testified for well over the three minutes allotted to each speaker. None of the speakers were reprimanded for speaking for more than three minutes.)

Fact # 29. Tuesday, April 29, 1997. Will Baker waited until Mayor Ebersole called him to testify.

Fact # 30. Tuesday, April 29, 1997. The first sentence that Will Baker spoke was, "Mr. Mayor, ladies and gentlemen of the Tacoma City council, my name is Will Baker and I live at 809 South I Street."(PRP, p#1, line #18).

Fact # 31. Tuesday, April 29, 1997. The second sentence that Will Baker spoke was, "And this consolidated plan, here, one of the expenditures they have listed is $20,000 for the Hilltop Action Coalition."(PRP, p#1, line #19). The City's own transcript clearly documents Will Baker identifying the Hilltop Action Coalition as the subject of his testimony before the City Council.

Fact # 32. Tuesday, April 29, 1997. The third sentence that Will Baker spoke was, "And I think there's a couple of things folks, particularly in the Hilltop area, should know about this expenditure."(PRP, p#1, line #20). Again, the transcript clearly shows Will Baker identifying the Hilltop Action Coalition as the subject of his testimony.

Fact # 33. Tuesday, April 29, 1997. The fourth sentence that Will Baker spoke was, " Number one, the history of HAC, Hilltop Action Coalition, has been very closely linked with Safe Streets."(PRP, p#1, lines #20-21). The transcript shows Will Baker referring to the Hilltop Action Coalition three times before mentioning Safe Streets, and then, Will Baker only mentioned Safe Streets in the context of the history of the Hilltop Action Coalition. (PRP, p#1, lines 20-21, line 23).

(Please Note: Safe Streets is a community organization that is historically linked to the Hilltop Action Coalition.)

Fact # 34. Tuesday, April 29, 1997. Mayor Ebersole immediately disrupted Will Baker’s testimony by hitting the gavel and stating, "Mr. Baker I don’t believe that Safe Streets is funded by this..." at which point Will Baker responded by saying "No it is not, but as you are fully aware, Safe Streets, in 1989, farmed out Hilltop area to HAC. So I believe that it’s impossible to give folks a full view of...history without mentioning it."

Fact # 35. Tuesday, April 29, 1997. Mayor Ebersole responded by saying, "Well I'm gonna', I'm gonna', rule that discussion of Safe Streets is not germane…" at which point Will Baker stated, "Well you go ahead and rule , but I am going to keep on talking unless you want to make an arrest."

Fact # 36. Tuesday, April 29, 1997. Tuesday, April 29, 1997. Mayor Ebersole then stated, "Mr. Baker, Safe Streets is not germane to this topic."

Fact # 37. Tuesday, April 29, 1997. Will Baker responded by saying, "I disagree. Let’s make an arrest. Let’s let a jury make a decision."

Fact # 38. Tuesday, April 29, 1997. Deputy Mayor Bill Baarsma then stated, "This is it."

Fact # 39. Tuesday, April 29, 1997. Council member Bob Evans stated, "Kick him out."

Fact # 40. Tuesday, April 29, 1997. Mayor Ebersole then proceeded to call the next speaker even though Will Baker had not been able to finish testifying.

Fact # 41. Tuesday, April 29, 1997. Will Baker told Mayor Ebersole that he claimed his right as a citizen to speak for three minutes and that if Mayor Ebersole did not wish to recognize Will Baker’s right to speak Mayor Ebersole would have to have Will Baker arrested, as those were the only two ways Will Baker would leave the speaker’s podium.

Fact # 42. Tuesday, April 29, 1997. Will Baker stated that he was conducting a peaceful non-violent protest and that if he was told he was under arrest, what the charge was, and was handcuffed, he would not resist arrest and that he would cooperate with the police.

Fact # 43. Tuesday, April 29, 1997. Will Baker challenged Mayor Ebersole to allow the camera to show the arrest so that the people watching the city council meeting at home could make up their own minds as to whether the arrest was justified or not.

(Please Note: Will Baker also wanted a video and audio record of the events so that the council and their city attorneys would not be able to successfully lie to a judge or jury about what took place.)

Fact # 44. Tuesday, April 29, 1997. Mayor Ebersole then declared, without a motion or vote of the council, that "Council will be at recess".

Fact # 45. Tuesday, April 29, 1997. After the council had recessed for several minutes, the council returned and restarted the meeting. Will Baker remained at the speakers’ podium and stated that he was entitled to his three minutes of testimony just as everyone else had been given prior to him.

Fact # 46. Tuesday, April 29, 1997. Mayor Ebersole again told Will Baker, "Keep your comments germane to the issue."

Fact # 47. Tuesday, April 29, 1997. Will Baker again attempted to testify against the continued funding of the Hilltop Action Coalition by stating the history of the organization and it's relationship to Safe Streets.

Fact # 48. Tuesday, April 29, 1997. In the Partial Transcript of proceedings of Tacoma City Council meeting of April 29, 1997 (p#4, lines #1-3)- as submitted by Will Baker- Mayor Ebersole responded by asking, "Are you addressing the Hilltop Action Coalition?" To which Will Baker replied, "Yes, I am." To which Mayor Ebersole replied, "Then you may continue." - thus Mayor Ebersole reversed his earlier ruling that Will Baker's comments were not germane and gave Will Baker permission to continue.

(Please Note: Mayor Ebersole’s permission to continue was not included in the City of Tacoma’s version of partial transcript of proceedings of Tacoma City Council meeting of April 29, 1997, even though:

1. Mayor Ebersole’s microphone was turned on,
2. No one else was speaking when Mayor Ebersole gave the permission, and
3. The TV Tacoma camera man had the camera focused on Mayor Ebersole with a close up shot. Mayor Ebersole’s permission is also not mentioned in the arresting officer’s police report.)

Fact # 49. Tuesday, April 29, 1997. After Will Baker received permission from Mayor Ebersole to continue his testimony Will Baker stated, "If you give me ten, uh… five more seconds, I'll tie it right in. Safe Streets in 1989, after bailing out, farmed out the Hilltop area to the Hilltop Action Coalition. So, despite the fact that we have signs all over the place Safe Streets is not there. HAC supposedly is. HAC is such a joke that, last year, their Board of Directors gave up on Darlena Gray who is the Executive Director of HAC… There is no Board of Directors…" at which point Mayor Ebersole again disrupted Mr. Baker's testimony by banging the gavel and Council member Evans stated, "Kick him out, God damn it."

Fact # 50. Tuesday, April 29, 1997. Mayor Ebersole then stated, "Our rules dictate that derogatory comments should not be made of members of the public."

Fact # 51. Tuesday, April 29, 1997. Will Baker replied, "With all due respect, sir, I stated simply Darlena Gray is the Executive Director, and I stated…" at which point Mayor Ebersole again banged his gavel in a attempt to disrupt Will Baker's testimony, however Will Baker continued, "… that the Board of Directors gave up. That is correct. There is no Board of Directors for HAC. Darlena Gray now answers directly to the Board of Associated Ministries. Uh, I don't see where stating facts is necessarily derogatory. Maybe Mr. Mayor you should be more up…" at which point Mayor Ebersole again started banging his gavel in an attempt to disrupt Will Baker's testimony, however Will Baker continued, "…on to what is going on in Hilltop." at which point Mayor Ebersole stated, "Mr. Baker, you are testing our patience…".

Fact # 52. Tuesday, April 29, 1997. Mayor Ebersole then told Will Baker that his three minutes were up.

Fact # 53. Tuesday, April 29, 1997. Will Baker told Mayor Ebersole that he had not been allowed three minutes to speak. (King 5 TV Reporter Linda Brill reported that she had viewed a copy of the video tape of the council meeting - which was provided by the city - with a stopwatch and that Will Baker had only been allowed to testify for one minute and forty-three seconds. The rest of the time spent at the speakers podium was wasted defending his right to testify. Also, King 5 TV had no problem understanding the "germaness" of Will Baker's testimony.)

Fact # 54. Tuesday, April 29, 1997. Mayor Ebersole went on to state, "Mr. Baker, (gavel) you are out of order. We have been extremely generous with you for the past year."

Fact # 55. Tuesday, April 29, 1997. Mayor Ebersole admitted that the council has the same responsibility to follow council rules that Will Baker has when he stated, "We have rules of Procedure. No public body can function without stated rules of procedure. You have an obligation to follow the rules of procedure just as we do…". (PRP, p.#6, lines # 16-17)

Fact # 56. Tuesday, April 29, 1997. When Mayor Ebersole was given the choice between allowing Will Baker 3 minutes to speak like any other citizen or arresting Will Baker, Mayor Ebersole with the full backing and support of the entire Tacoma City Council, chose to interrupt the live broadcast at the Tacoma City Council meeting and have Will Baker arrested.

Fact # 57. Tuesday, April 29, 1997. In the Partial Transcript of proceedings of Tacoma City Council meeting of April 29, 1997 (p#10, lines #23-25)- as submitted by Will Baker- Hilltop Action Coalition Executive Director, Darlena Gray stated, "The Hilltop Action Coalition was formed in 1989 at, of a request by Safe Streets to identify what the community would like to have in terms of their agency to deal with drugs, gangs, and violence."

(Please Note: Darlena Gray’s testimony was not ruled to be not "germane" by Mayor Ebersole, nor was her testimony interrupted in any way.)

The Police Report

Fact # 58. Tuesday, April 29, 1997. The police report written by Officer Terry Krause and filed in connection with Will Bakers arrest states in part (page #3):

(Please Note: 1700 hours is military time for 5:00pm. Tacoma City Council meetings start at 5:00pm. According to Officer Terry Krause’s own report, the police were called about "…an ongoing problem with a disruptive subject…." before the Tacoma City Council meeting had even started.

Also, according to Officer Terry Krause’s own report, both he and Officer Keith

Baker waited at the meeting for over 2 hours before Will Baker attempted to give public testimony before the council.

Fact # 59. Tuesday, April 29,1997. The police report written by Officer Terry Krause and filed in connection with Will Baker’s arrest states in part ( Page #3 ), " The Mayor directed Baker to keep his comments germane to the issue at hand and to limit his comments to three minutes. Baker refused."

(Please Note: All City of Tacoma Council meetings are videotaped.

King-5 T.V. reporter Linda Brill timed Will Bakers testimony at one minute and 43 seconds, not the three minutes that the Tacoma City Council, the "Tribune", and Officer Terry Krause claimed.

Also, King-5 T.V. reporter Linda Brill had no problem following the "germaness"

of Will Baker’s testimony)

Fact # 60. Tuesday, April 29, 1997. The police report written by Officer Terry Krause and filed in connection with Will Baker’s arrest states in part ( Page #3-#5 ):

According to Officer Terry Krause’s own report. The City of Tacoma first conspired to use police force without benefit of arrest - thereby denying Will Baker his constitutional right to challenge the actions of the police in front of a jury - and then decided to go ahead and arrest Will Baker to specifically keep Will Baker from participating at a Tacoma City Council Meeting (which is open to the public under the State Open Public Meetings).

(Please Note: Tacoma City Ordinance 8.12.015 which Will Baker was charged under states in part, "Any person attending a meeting of the Council of the City of Tacoma… other than a member thereof… who shall in any manner engage in annoying… conduct… shall be guilty of disorderly conduct…".

Obviously, if a citizen is testifying against the funding of one of the Mayor’s favorite programs, the Mayor may be annoyed, but does that constitute justification for having that citizen arrested or to prematurely end that citizen’s testimony?)

Fact # 61. Wednesday, April 30, 1997. The "Tribune" reports that, "The argument between Baker and Mayor Brian Ebersole was a culmination a year’s worth of comments by Baker over his favorite topics, including the Pierce County auditor, the City Council, Safe Streets and the Hilltop Action Coalition."

Fact # 62. Thursday, May 1, 1997. The "Tribune" reports, "If Baker’s out by next week, council members are bracing for a replay of Tuesday night’s meeting. Councilman Bill Baarsma, who will preside at Tuesday’s meeting, said he plans to follow the municipal code, which provides for the removal of someone from a council meeting for disorderly conduct."

Fact # 63. Thursday, May 1, 1997. The "Tribune" further reported "During the last year, he has focused on a select group of topics, including regularly blasting Pierce County Auditor Cathy Pearsall-Stipek and the Hilltop Action Coalition."

Fact # 64. Wednesday, May 14, 1997. The "Tribune" reported, "Since he has become a regular figure at City Council meetings, Baker has attacked Safe Streets, the Hilltop Action Coalition and the Pierce County auditor."

Fact # 65. Thursday, May 22, 1997. The "Tribune" reports,

Fact # 66. Thursday, May 22, 1997. The "Tribune" further reported, "The city will not take any special measures at next week’s council meeting, city spokesman Dan Voelpel said.

But two bicycle officers will be posted in the back of the chambers, Voelpel added.

So stay tuned."

(Please Note: Clearly the council was prepared to again use criminal charges to suppress critical speech.)

Fact # 67. On April 29, 1997. The Tacoma City Council had Will Baker arrested and charged with "Disrupting a Public Meeting".

The Tacoma City Council - and the "Tribune" - claimed that Will Baker had disrupted the City Council meeting by refusing to speak to the item on the agenda and by going over the three minute time limit for speakers.

Will Baker spent 22 days on hunger strike in the Pierce County jail to protest the arrest.

(On the 15th day of Will Baker's hunger strike, King 5 TV Reporter Linda Brill reported that she had viewed a copy of the videotape of the council meeting - which was provided by the city - with a stopwatch. She concluded that Will Baker had only been allowed to testify for one minute and forty-three seconds. The rest of the time spent at the speakers' podium was wasted defending his right to testify. Also, King 5 TV had no problem understanding the "germaneness" of Will Baker's testimony.)

Fact # 68. On December 4, 1997. Tacoma Municipal Judge Pro-Tem Ralph Baldwin viewed the tape of the Tacoma City Council meeting and agreed with the King 5 TV report and dismissed the charges against Will Baker.

Judge Baldwin also declared Tacoma Municipal Code 8.12.015 to be unconstitutional.

On December 4, 1997, Judge Baldwin stated, "...it says... if the presiding officer of the city council finds a citizen's testimony annoying, then that presiding officer who is annoyed can rule against the citizen and prohibit that speech." To which Mr. Heid replied, "...if the court's asking whether that's what it says, in polite language, it is." To which Judge Baldwin replied, "Thank you." To which Mr. Heid replied, "That is what it says, in polite language...... )

(Please note: The City of Tacoma told both King 5 TV and the "Tribune" that the Lakewood City Attorney's Office would be handling this case to avoid the appearance of a conflict of interest since Tacoma's attorneys were present when Will Baker was arrested. Lakewood City Attorney Dan Heid was the special prosecutor brought in by the City of Tacoma for this particular case.)

(Please note: After Lakewood City Attorney Dan Heid lost this hearing; the City of Tacoma immediately took back control of this particular case - apparently deciding that it wasn't such a conflict of interest after all.)

Fact # 69. On August 10, 1998. Pierce County Superior Court Judge Marywave VanDeren stated "Clearly the judge pro-tem was offended by the tone of voice that the mayor used with Mr. Baker. And I have to say that I share many of the same reactions that Judge Baldwin had about the conduct towards Mr. Baker and Mr. Baker's conduct in this process."

Judge Van Deren then proceeded to reverse Judge Baldwin's decision anyway.

Fact # 70. The State Supreme Court denied a motion for discretionary review and as a result a trial was supposed to start on this matter on October 2, 1999.

Second Arrest

Fact # 71. Tuesday, January 6, 1998. Will Baker is arrested at Tacoma City Council meeting.

Fact # 72. Tuesday, January 6, 1998. Will Baker is charged with the crime of "Criminal Trespass".

Fact # 73. ?, November 12,1998. Defense attorney Steve Johnson files a motion to dismiss that shows the January 6, 1998 Tacoma City Council meeting was not legally adjourned.

Fact # 74. ?, November 19, 1998. A motion hearing is held before Judge Gary Utigard.

Assistant City Attorney David Corey stated, "… the City’s position as to whether or not the January 6, 1998 Tacoma City Council Meeting was legally adjourned…" when Will Baker was arrested for "Criminal Trespass".

Corey also stated that the City was prosecuting Will Baker under the City of Tacoma’s "Criminal Trespass" statute – not the State’s statute.

Fact # 75. ?, December 7, 1998. Defense attorney Scott Schweiger filed a motion to dismiss and a brief that showed that the City of Tacoma’s "Criminal Trespass" statute is unconstitutional.

Fact # 76. ?, December 8,1998. Defense attorneys subpoena the Tacoma City Council and City Attorney Robin Jenkinson.

Fact # 77. ?, December 9, 1998. Assistant City Attorney David Corey files a motion to shorten time asking the court to quash subpoenas and to impose financial sanctions against Will Baker’s defense attorneys.

The motion called for a telephone conference on December 10, 1998, giving defense attorneys less than 24 hours to file a response brief.

Fact # 78. ?, December 10, 1998. Defense attorneys file a Objection to the City’s motion and also filed a Cross-Motion to Disqualify the City Attorney’s office from handling this case.

Judge Gary Utigard granted the City’s Motion to Shorten Time and refused to disqualify the City Attorney’s office.

Fact # 79. ?, December 14, 1998. Judge Gary Utigard tells Assistant City Attorney David Corey that defense attorneys can interview the Tacoma City Council and Robin Jenkinson had conspired to entrap Will Baker.

Judge Gary Utigard also stated that the City of Tacoma’s "Criminal Trespass" statute is unconstitutional and Judge Utigard stated that he would have ruled the statute unconstitutional if the City hadn’t reversed itself on whether license (right) to be there was an inadmissible issue in this case.

Fact # 80. ?, December 18, 1998. Judge Gary Utigard asked Assistant City Attorney David Corey " Well, did ya consel this witness on how to respond to these questions?"

Assistant City Attorney David Corey responded "I am going to assert attorney/client privilege at this point…"

Fact # 81. ?, December 21, 1998. The first day of trial with visiting Judge Gary Utigard (from Burien) presiding.

Fact # 82. ?, December 22, 1998. Will a jury for the crime of "Criminal Trespass" convicts Baker.

(Please Note: One juror – during polling – did not seem comfortable with this verdict.)

Fact # 83. ?, December 22, 1998. Judge Gary Utigard sentences Will Baker.

(Please Note: The court order that Judge Utigard signed says "… Comply with rules for City and County cousel meetings.")

(Please Note: Judge Utigard, which Will refused to pay, gave Will Baker a fine of $500.00.)

Fact # 84. ?, July 12, 2000. Case remanded back to Tacoma Municipal Court.

Fact # 85. ?, August 24, 2000. Tacoma Municipal Pro-Tem Judge Jean Hayes reinstates sentence.

(Please Note: Sentencing requires Will Baker to either pay a $500.00 fine or report to the Pierce County Jail at 6:00 p.m. on November 8, 2000.)