It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family.
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It Happened To Us - The Nick and Donna Nickerson Family
It Happened To Us. It Could Happen To You. The Nick and Donna Nickerson Family.
Home / Legal / Idaho Documents - Malicious Prosecution of Jeannie Smith / Affidavit of Jeannie Smith in Support of Motions
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Idaho Legal Documents - Malicious Prosecution of Jeannie Smith

Affidavit of Jeannie Smith in Support of Motions
Filed September 16, 2020
See also Exhibit D - A Letter From Nick Nickerson As A Friend of Law And Justice

Affidavit of Jeannie Smith in Support of Motions

I, Jeannie Smith, deposes and states,

1.       I have had an established right to use and be on Nick and Donna Nickerson’s property, commonly known as on REDACTED, Orofino, ID, 83544, for over 17 years.

2.       I had the express and implied permission of Nick and Donna Nickerson to be on REDACTED, Orofino, ID, on November 12, 2019.

3.       At no time prior to November 12, 2019, had this permission been revoked.

4.       On September 3, 2019, Sheriff Chris Goetz told me and members of the Nickerson Family we could lawfully remain on the ranch and that PHH had stopped their ejectment efforts at REDACTED, Orofino, ID, 83544.

5.       On September 3, 2019, Sheriff Chris Goetz told me and members of the Nickerson Family that he would communicate with us if anything changed and any further ejectment efforts were initiated. Sheriff Chris Goetz never communicated anything had changed prior to the raid on November 12, 2019.

6.       I have personal knowledge the issue of ownership of this property was currently on appeal but clearly understood I had the express and implied permission of PHH to be on the property due to the representations of Sheriff Chris Goetz. On November 12, 2019, I had not been given notice of anything different by or for PHH.

7.       On November 12, 2019, I was on the property for the sole purposes of enjoying the property and maintaining, improving, preserving, and enhancing the value, use, and beauty of the property. I believed I had permission to be on the property.

8.       I was engaged in activities to this end when the raid began.

9.       Clearwater County Sheriff and Idaho State Police trespassed me and the property by
1) Entering without the permission of all alleged/possible owners of the property when the true ownership of the property was on appeal;
2) Violating the court order from which they allegedly gained permission to enter;

3) Entering and acting without clear written instructions from the alleged owner directing harm and destruction to the property;

4) Causing harm and destruction to the property, my personal possessions, the Nickerson family’s personal possessions, and the possessions of other innocent parties.

10.   I personally witnessed damage, harm, and destruction being done to the property by police powers of the state of Idaho and those alleging to have been hired by the bank(s).

11.   I have personal knowledge the gate to the property was cut, windows and doors were broken and destroyed, mud and debris were tracked through the houses, broken jars of food were left to rot, and personal possessions were confiscated and destroyed.

12.   I was never served or shown any warrant, writ, or any document granting the sheriff deputies or state police authority to break and enter the property, confiscate belongings and/or arrest me.

13.   Since November 12, 2019, I have never seen or heard of any document granting the sheriff deputies or state police authority to break and enter the property, confiscate belongings and/or arrest me.

14.   I was never lawfully asked to leave the property that I had the express and implied permission of all possible owners to be on.

15.   As far as I knew, could know, or had reason to know, I was lawfully on REDACTED, Orofino, ID, on November 12, 2019, and no law enforcement officer, bank employee, agent of the bank, or any other individual or entity showed or served me any document to the contrary that contradicted my clear understanding.

16.   I did not knowingly or intentionally commit any crime on November 12, 2019.

17.   I believe crimes were committed against me and my rights were violated on November 12, 2019.

18.   The charges against me are for non-violent crimes and do not pose a threat to any person, entity, official, or property. I was preserving, improving, and protecting the property and taking care of personal pets and livestock when law enforcement destructively broke and entered the property, proceeded to destroy both real and personal property, injured animals, and falsely arrested me for allegedly trespassing.

19.   On November 12, 2019, the Clearwater County Sheriff’s Office and Idaho State Police violated my constitutional right to be secure in my person, houses, papers, and effects against unreasonable searches and seizures without ever showing me any authority, right, or justifiable cause for their actions.

20.   At no time was I given opportunity to remove my possessions from the property before they were confiscated, negligently and maliciously handled, and destroyed.

21.   My personal possessions were removed without giving me opportunity to remove them first myself. My personal possessions were not placed in safe storage.

22.   Numerous items, including furniture, household items, kitchen appliances, books, instruments, etc. were abused, misused, damaged and destroyed.

23.   I have personal possessions that have still not been returned to me.

24.   On November 12, 2019, before I allegedly committed any crime or public offense, I was arrested without a warrant, double handcuffed with my hands behind my back tight enough to cut off the circulation, and left to sit in the cold, rainy, winter weather for hours.

25.   According to the Idaho Uniform Citation I was given, the state alleges I committed the offence at 1427 hours, or 2:27 p.m. At this point, I had already been arrested and double handcuffed for a lengthy period of time.

26.   Prior to my arrest, I was not informed of the officer’s intention to arrest me, of the cause of my arrest, or of their authority to make the arrest.

27.   At no time on November 12, 2019, was I advised of my Miranda Rule Rights.

28.   I was asked many questions and never advised of my right to remain silent.

29.   I now clearly understand, per my knowledge of the Miranda Rule and other God-given and constitutional rights, that I should have been advised of my right and legal justification to remain silent at any time while I was in custody.

30.   I did not, nor was it ever my intention to prevent or delay any public officer from discharging a lawful duty.

31.   At no time did I physically or forcibly resist, oppose, or obstruct any officer.

32.   At no time did I resist or attempt to flee arrest.

33.   I was peaceful at all times during my arrest, double handcuffing, searching of my person, inhumane torture of sitting in the cold rain, trauma of watching the intentional abuse of a family property, psychological abuse of my abusers telling me everything happening was my fault when it was not within my power to stop their abuse, removal from property I fully believed I had the owner’s permission to be on, transportation to jail, and false imprisonment when I believed all these actions were unlawful and tyrannical.

34.   I was questioned about my name, social security number, and numerous issues regarding the property.

35.   At the time I was questioned about my social security number I had been arrested/in custody for hours, had been removed from the property, and was blocked from any access to any personal paperwork because the sheriff’s department was boxing, damaging, and loading my possessions in the State of Idaho while I was in custody at the county jail. I have never been told it is a requirement to have your social security number memorized and I do not use my social security number or part of my social security number for identification purposes. My social security number was not available to me.

36.   It is also my clear understanding it is a violation of federal law to use a social security number for identification.

37.   I believe demanding I provide my social security number as a form of identification when I clearly did not have it on my person at the jail was a form of entrapment which the state later used to add a greater and additional charge.

38.   From the start, the state has not specifically defined the charges of trespass against me, explained the specific injury which was caused by my being present on the property at REDACTED, or stated any violation I committed by being on the property that would qualify or warrant a trespass charge.

39.   I was arrested on November 12, 2019.

40.   I did not, and was not scheduled to appear before a magistrate or any court official until November 25, 2019.

41.   Attached as Exhibit A is a true and correct copy of the Notice to Appear that I was given on the night of November 12, 2019.

42.   Attached as Exhibit B is a true and correct copy of the court minutes I was given on November 25, 2019, for my hearing that had occurred on November 25, 2019, not November 13, 2019.

43.   Attached as Exhibit C is a true and correct copy of the court schedule for November 13, 2019 and November 25, 2019. There was no hearing scheduled for me on November 13, 2019. There was a hearing scheduled for me on November 25, 2019.

44.   I was not notified March 10, 2020, would be an arraignment for an additional charge as well as a pre-trial conference. I received no prior notice to my arraignment on the additional charge.

45.   I was not given any notice I would be required to argue regarding whether or not the state could amend its complaint on March 10, 2020.

46.   Although I objected to the state amending its complaint, I had no opportunity to prepare argument, research laws, or perform any other actions to properly defend and preserve my rights.

47.   I was arraigned without being asked to plead.

48.   I was not informed I was allowed additional time to enter a plea.

49.   Although I communicated I had not seen the complaint, I was not given a copy of the indictment or information prior to arraignment. I was also denied opportunity to seek counsel or help from friends and family who were present in the courtroom.

50.   Although I communicated I wished to obtain counsel, I was not allowed any opportunity to secure counsel on this additional charge.

51.   My substantial rights are prejudiced by this addition of a different and greater offence because this charge was added without probable cause and in violation of my constitutional right to be informed of the nature and cause of the accusation.

52.   I have the wherewithal to obtain counsel but have been blocked from doing so. I do not wish to be represented by a public defender who may or may not have my best interest at heart or be involved in the fraud, illegalities, and mass corruption cover-up of this county.

53.   My ability to defend myself against these false charges has been infringed upon by COVID-19, PHH refusing to return my and the Nickerson Family’s remaining personal possessions, the county’s unwillingness to assist us in retrieving our possessions even though they violently and without authority granted and allowed PHH access to them, and my limited access to legal resources due to these circumstances.

54.   I believe my case falls under the exception of the requirement for a licensed attorney stated in I.C. § 3-104.

55.   I have requested this Court allow Nick Nickerson to represent my interests until and unless I can secure other representation that I am comfortable with and believe will protect my interests.

56.   It is my understanding this case is before the Magistrate Division.

57.   Although I understand and certainly have not waived any right to obtain licensed counsel in this or any future actions, the current case is not disputing money at all.

58.   This case is disputing whether I broke the law or the Clearwater County Sheriff and Idaho State Police violated the law, my constitutional rights, established case law, common law, their oaths of office, and common decency and humanity.

59.   I have no prior criminal record.

60.   I have read the letter of Nick Nickerson to Judge Judd and can attest the attached exhibits are true and correct copies of the documents provided to me by the court.

61.   I am requesting this Court consider the arguments, laws, cases, and other authority in the Letter of Nick Nickerson, so the phony, vexatious, and unlawful charges against me can be dismissed.

62.   For the Court’s convenience, I have attached a true and correct copy of this letter, along with its attached exhibits, as Exhibit D.

63.   I have previously expressed my desire to discuss dismissing the charges against me and have asked this Court to dismiss them, but I was told by the Court to wait.

64.   I have requested and moved this Court to continue or suspend this case for good cause. I have made this request to protect my rights and prevent me from suffering unfair and undue consequences for crimes I did not commit and so Clearwater County can properly answer for their actions in this matter.

65.   I have been and am being hurt, injured, and traumatized by the actions of Clearwater County in falsely arresting, incarcerating, and prosecuting me.

66.   I have been slandered and my character defamed in public forums due to my false arrest and Clearwater County’s malicious prosecution of false charges against me.

67.   I believe I have been maliciously subjected to these charges, injuries, and defamation due to my disfavored worldview, stand for what is right, religious beliefs, and in association with hate crimes committed against the Nick and Donna Nickerson Family.

68.   I believe the charges brought against me could not have occurred if Clayne Tyler had not instructed and counseled Chris Goetz to hold a sheriff’s sale of the Nickerson Family Idaho ranch when Sheriff Goetz approached him to stop the sale because he rightly determined the bank’s documents were fraudulent, coerced Chris Goetz into signing a sheriff’s deed to escape Clayne Tyler’s threat of his being fired, and supported Chris Goetz raiding our ranch and violating the Court’s order to allegedly avert any charges of disobeying the Court’s order.

69.   I believe the Clearwater County Prosecutor and his office have too much criminal and civil exposure and liability for their direct prejudicial and malicious involvement in actions taken against me to fairly, justly, or lawfully prosecute this case.

In accordance with I.R.C.P. 2.7 and I.C. § 9-1406, I certify (or declare) under penalty of perjury pursuant to the laws of the State of Idaho that the foregoing is true and correct.

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