Men get six months in jail for stealing food from trash

Men were on their way to Rainbow Gathering when they were arrested

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David Siller, 27, of Wayne, Pa., was sentenced to six months in jail for stealing food out of a dumpster.

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Giles Charle, 24, of Somersworth, N.H., was sentenced to six months in jail for stealing food out of a dumpster.

— Their crime? Taking five cucumbers, four or five apricots, two bundles of asparagus spears and a handful of cherries from a garbage can at Sweet Pea Produce.

Their sentence? Six months in the Routt County Jail.

Giles Charle, 24, of Somer-sworth, N.H., and David Siller, 27, of Wayne, Pa., were on their way to the Rainbow Family of Living Light Gathering in North Routt County when they were arrested June 26. On Wednesday, they were sentenced to spend six months in jail and pay $15 in restitution to Sweet Pea Produce.

Charle and Siller were charged with felony second-degree burglary and misdemeanor theft. As part of a plea agreement reached with Assistant District Attorney Kerry St. James, the men agreed to plead guilty to misdemeanor trespass in exchange for having the felony they were facing dismissed.

St. James said the sentence was the men's decision.

"They had a choice between accepting a deferred felony with 90 days in jail or a misdemeanor conviction with six months in jail," he said. "They agreed to spend the six months in jail. It came down to whether they wanted a felony conviction with less jail time or a misdemeanor with more jail."

Contacted Friday, the owner of Sweet Pea Produce declined to comment on the case.

Siller and Charle, speaking from the Routt County Jail, said they didn't have much choice. They said they couldn't risk having felonies on their records and that St. James wouldn't offer anything better on the misdemeanor charge.

The men said they think six months in jail was an inappropriately harsh sentence given their crime.

"We weren't trying to be inconspicuous. We didn't have any intention of committing a crime or doing anything wrong," Charle said. "We had just come in town and we were prepared to buy groceries from a store but everything was closed."

Charle said he admits stepping over a rope onto Sweet Pea property and taking the food from the trash wasn't the best idea, but that he doesn't think spending six months in jail is justifiable.

"I feel like we've been treated very unfairly and unjustly," he said. "Everyone we've talked to thinks we've gone through far more than we deserve."

St. James said the men were facing the felony second-degree burglary charge because they trespassed onto property without permission and took something that did not belong to them, regardless of how they got on the property or the value of what they took.

"It's called unlawful entry," he said.

Charle's family and attorneys believe the District Attorney's Office is making an example of the men.

St. James refused to respond to such claims.

Don Wirtshafter, an attorney in Ohio who represented many of the Rainbow Family members who were charged with crimes during the gathering in Routt County, said he thinks Charle and Siller were forced to choose between the lesser of two evils.

"A suspended sentence would have worked for these boys, but when a prosecutor is really going after you, the best thing you can do is plea," he said. "At best, this case is bizarre. It can only be explained in a heated time when a prosecutor feels he must do something."

Charle's mother, Shaune McCarthy Charle, said what has happened to her son is a joke.

"It's really amazing and unbelievable how taking garbage out of a Dumpster became a felony," she said. "They spent three days in jail in the beginning and weren't expecting it to go any further. (St. James) is completely incorrigible."

Isabel Charle, Charle's sister, called the case "absurd."

"It's just so unfair," she said. "It's appalling how they were treated. It's a sickening reflection of the state of the justice system in this country," she said.

The men began serving their sentences Wednesday. They said they came to Routt County to celebrate peace and love and can't believe they're now spending their days doing yoga in a jail cell.

Siller said, "No one in their right mind would lock someone up for six months for stealing $15 worth of produce that was in a garbage can."

-To reach Alexis DeLaCruz, call 871-4234 or e-mail adelacruz@steamboatpilot.com

Comments

dazeseeme 8 years, 3 months ago

they should have left a note in the trash, it seems to work for some people in this town, billy

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loose_palace_of_exile 8 years, 3 months ago

One man's trash is another man's excuse for tyranny. Clearly this is an abuse of power that ironically produces public support and sympathy for the very the men the prosecutor seeks to punish because of their lifestyle.

As for the Sweet Pea and the all-too-telling silence of its owners: What's the bigger crime to society...letting good food go to waste while others go hungry, or taking food from gargage cans others have thrown away?

Some soul-searching is in order.

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JazzSlave 8 years, 3 months ago

I'm about as right-wing as it gets, and this appears to be the dictionary-definition of asinine, to me.

Cite them for the trespass & let it go. Instead, we get to pick up the tab for their room & board for the next 6 months.

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river_tam 8 years, 3 months ago

Why doesn't Sweet Pea have a compost pile? They sell produce from the soil; return the nutrients back to the soil.

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CR129 8 years, 3 months ago

I think with Mr. St. James at the helm they would have been better off getting high, stealing a car, and ramming into Sweet Pea and THEN taking the fruit from the trash. Then they would have had some bargaining room..... I'm just so proud of the feller for convicting these obvious braizen criminals. I just wonder how this incredibly dedicated man managed to let so many obviously guilty people go? I.E. remember Deputy Weiss and the 17 y.o. high schooler he had sex with while he was her mentor? There was a landslide of documentation, witnesses, and proof of seriously gross misconduct. However, St. James failed to press charges. I hope he wakes up today reads the paper and see how absolutely stupid he looks!

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CR129 8 years, 3 months ago

****Just to really get you all going the current rate at the Routt County Jail is $42.00 per day so that is $84.00 for the both of them. Multiply that by 240 days and you get $20,160 dollar!

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JazzSlave 8 years, 3 months ago

CR129

Actually, I believe felons are required to reimburse the city for that $42 daily rate. However, I'm sure $42/day doesn't come close to covering the actual cost of housing, feeding, monitoring & securing the prisoner.

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steamboattheater 8 years, 3 months ago

I know what local produce shop I won't be visiting ever again! Thanks Sweet Pea for wasting tax payer $$'s

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bigbee 8 years, 3 months ago

This is disgusting. I believe the owners of Sweet Pea Produce chose to prosecute these kids. This store does not deserve the business of the good people of Steamboat Springs.

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wizzer 8 years, 3 months ago

St. James is a problem. THis is another example of abuse of power and unreasonable behavior. I also wonder what ever became of the sheriff's deputy that showed up drunk at the bowling alley with his loaded gun. there should be an investigation of the district attorney's office. One assitant quit recently citing differences. There is something kind of smelly there.

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Gladys 8 years, 3 months ago

I think everyone knows how I feel about the RF, however, this is ridiculous...6 months in jail for dumpster diving? And to add insult to injury, they are to PAY $15 for restitution? This is an absurd waste of taxpayers money. Why does that beady eyed little weasle of a DA always throw the book at the little guy and give a pat on the back to the REAL criminals? It's no wonder there is such a high turnover in that office.

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boat 8 years, 3 months ago

I think that it is time for Mr. St. James to resign. He is not representing the attitudes and beliefs of the community. What sort of interpretation of our laws would put these two drifters in jail for 6 months with all of us taxpayers footing the bill. Time for Mr. St. James to move on to the real world. Who agrees??

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jambo11 8 years, 3 months ago

Better men have been lined up against stone walls. St James should be publicly flogged for this one and Sweet Pea has now turned sour. Never again will my family step foot in there again. Mr big mighty and powerful St. James is an idiot. To take six months of these kids life away for this is a crime. Give an inch weasel some power and look what happens. A "get out of the dumpster and move on" would probably been more appropriate solution. I am blown away and ashamed to have my tax $$$ wasted. These kids need to go home now and St James needs to go away, far away.

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the_Lizard 8 years, 3 months ago

County Road 129, Your comments made me LOL, Or were they meant to be funny? Maybe you were more correct then not, feller!

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cforevereyez 8 years, 3 months ago

Sweet Pea and St. James should be ashamed of their behavior. I would find it difficult to live with myself, if I had two men incarcerated for stealing food out of my dumpster. Freedom is precious, it should not be taken away from people on a whim.

Ultimately, these people need to answer to the community. In my opinion, both Sweet Pea and St James need to go, far away. Justice for all? Not here.

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fanofsteamboat 8 years, 3 months ago

These two "criminals" retrieved food that had been discarded thrown away and abandoned in a trash can by the people at Sweet Pea. All of a sudden this garbage is of such value that it warrants sending two people to jail for 6 months? (It should also be noted that a felony conviction can never be expunged - IT STAYS WITH YOU FOR THE REST OF YOUR LIFE).

The real tragedy lays at the feet of Mr. St. James and Jonathon Hieb, the owner of Sweet Pea Produce. Why someone would be so quick to take away someone's freedom and lock them away over something like this speaks volumes for the kind of persons they are. It also speaks volumes of our community if we believe this kind of behavior is O.K. for our fellow citizens and public employees.

Mr. St. James certainly would not have prosecuted if Mr. Hieb had not been willing (and wanting) to press charges. Up to this point Mr. Hieb has appeared to be a responsible and active member of our business community so his apparent willfulness in pressing charges is a bit disconcerting. On the other hand Mr. St. James behavior is not surprising. This past May he had submitted himself as a candidate for the vacated position of the 14th Judicial District judge. He did not even make the first cut. It is obvious that his history of questionable decisions, such as this one, have not gone unnoticed. It is time that Bonnie Roesink take note as well. Perhaps if Mr. Hieb thinks so highly of Mr. St. James he might offer him a position at his store.

As noted in the article Jonathon Hieb is refusing to comment and Mr. St. James is refusing to face any form of hard questioning. Both can easily claim they are doing little more than upholding their legal rights. But at the same time they have both abandoned their moral rights. No doubt they may not be very proud of what they have done as there is little doubt that our community is not very proud of either one of them.

The victims of this incident are not Sweet Pea Produce. The true victims are Giles Charle and David Siller. Had they had a Steamboat zip code nothing would have happened. Actually their biggest mistake was to admit they were heading to the Rainbow gathering. Once this became known to Mr. St. James and the owner of Sweet Pea their fate was sealed. If only they had said they were in town to shop for a condo:

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Malebranche 8 years, 3 months ago

Let's see... I can come to Steamboat Springs and (1) assault people, brand them against their will and then get a plea agreement to 5 days in jail with a deferred adjudication on the felony charges - or - (2) I can take some already discarded food from a garbage can and either plea to a felony conviction or a misdemeanor with 6 months in jail...

Steamboat definitely sounds like my kind of town!

I suspect I will be seeing some of your public officials at #5 Bolge in Malboge. Can't wait to get my hooks into 'em! They will know what it is truly like to be a mouse among Bad Cats.

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Thunder 8 years, 3 months ago

Is the prosecuting attorney St. James out of his mind? 6 months for dumpster diving and yet people who brand others for fun only get 5 days?

This man is seriously in breach of his sworn obligation to uphold the Constitution of the United States if he thinks this is anything like justice, and the moron needs to get a taste of his own medicine. Here's hoping it will come back and kick him in the seat of his too-small britches!

Thunder

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1FRANKENSTEIN 8 years, 3 months ago

THIS IS A CRIMINAL ACT AT THE LEAST. I'M A COLORADO NATIVE OF 50 YEARS AND CANNOT UNDERSTAND HOW THE TOWN CAN STAND FOR THIS. I WILL NEVER FORGET. ALSO I WILL BE VOCAL AND LEAN MORE ABOUT THIS (SWEET PEA CO., COULD THEY HAVE DONE SOMETHING MORE TO STOP THIS CRIME AGAINST THE VICTIMS.?) SUCH A WASTE......

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aspensun 8 years, 3 months ago

Sweet-Pea has lost my business, and unless the story is different than written, Mr. St. James has lost my respect.

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1FRANKENSTEIN 8 years, 3 months ago

What does a city like Denver think of this. They have problems that they tend to. Could you hear the outcry that would occur if they wasted taxpayer monies like Steamboat does. I'll stay out of that town.

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1FRANKENSTEIN 8 years, 3 months ago

Can someone help with a protest. SPEND NO MONEY. Bring your outdated veggies. Waste gas and drive around town all day with carrots on the dash and peppers hanging out the windows and then never return. YEA YEA YEA

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pickelz 8 years, 3 months ago

what suprises me is the fact that this country claims to have a solid justice system.... great environment in which to grow...

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remysmith 8 years, 3 months ago

Not a surprising decision by the DA's office. The technique of zealously overcharging criminal behavior to force a plea agreement to a lesser misdemeanor charge is often used against those that may not have the financial means to fight back. On the other hand, if a wealthy or influential community member drives drunk while pulling a trailer or criminally trespasses when a store is closed for business, the charges magically vanish.

The responsibility for felony charging lies with the DA's office and, specifically with St. James as the senior prosecutor for Routt County. Ms. Roesink has made it crystal clear that St. James is here to stay, despite the recurring turnover of Deputy District Attorneys in his office. This alone should suggest something's amiss, and I'm surprised that the paper has taken so long to recognize the trend.

Just think, only two more years until the next DA election! Maybe this time someone will run against Roesink and the voters will have a choice.

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HairyJane 8 years, 3 months ago

"felony with 90 days in jail or a misdemeanor conviction with six months in jail"????

What kind of justice system is this? Are you people aware of what you are saying and doing to innocent people?

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busterbrown 8 years, 3 months ago

What kind of punishment did the two teenagers get for burglarizing steamboat homes? NOTHING!!! And they continue to be reckless and drink and drive, yet they are free. These two young men were trying to feed themselves to stay alive, and you send them to jail???? Some DA office you have.

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Hadleyburg_Press 8 years, 3 months ago

Do you think that there is any chance that these hardened criminals can be rehabilitated? What if they reoffend? Our dumpsters will never be safe again. St. James is a buffoon! Throw the scoundrals out! Boycott vegtables...

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WZ 8 years, 3 months ago

I think this is a poorly written and/or placed article. There has got to be information in the public domain that has not been researched and/or published that warrants the front page! Do these individuals have previous offenses? What other police reports have been filed at Sweet Pea, especially around the Rainbow time frame? Something just doesn't seem right/fare about this article.

Tell us more, Pilot and Today. And tell us more, Sweet Pea and St. James.

On that note, I have witnessed for myself, individuals in town for the Rainbow gathering who looked and smelled like dog feces, make a spectacle and intentionally sneezed and spit on produce in front of consumers and employees at City Market. On a later visit to the City Market I asked the manager what their response was. He told me they had to throw all that good produce away, and that these very same people were later seen picking out this produce from the dumpster like seasoned pros. Makes you wonder. Too, bad those dirt balls weren't prosecuted. Or were they???

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freshair 8 years, 3 months ago

The crime many of the Rainbow Folks should have been charged and found guilty of was Criminal Neglect of Basic Body Hygiene and 1st Degree Felony of Emitting Gross Body Odors in a Public Place. If you're going to be camping out for days or weeks at a time and/or are averse to regular bathing, please carry and use a handy perfume atomizer to avoid traumatizing the olfactory glands of your host citizens. Coming upon one or several of these reeking folks, especially in a store environment, was truly a nose-wrinkling experience. This sentence is nothing more and nothing less than a message to future gatherings of like spirits....severe, sure and the next election for DA will serve as a barometer of what the majority of Routt County voters think about this issue.

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Scott_Stanford 8 years, 3 months ago

All:

Sweet Pea owners offer their side of the story:

Scott Stanford Editor, Steamboat Pilot & Today (970) 871-4221 editor@steamboatpilot.com

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jimbob311 8 years, 3 months ago

Mr. St. James is a disgrace and no doubt has pictures of A. Hitler in his wallet

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tropicalmonster 8 years, 3 months ago

All of you, give the Sweet Pea owners a chance to talk. Dont judge them beforehand. They are good people and hard workers. And they are bringing a benefit to Steamboat residents by offering fresh products.

Remember, fresh fuits and vegetables = good health.

Let's hear both sides of the story first before drawing any wrong conclusions.

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Tall_Poppy 8 years, 3 months ago

And yet Randell Berg, otherwise known as the thug who assaulted a 16 year-old girl on the mountain was sentenced to........ TWO DAYS in jail. Help me out here.... What the hell is going on in the DAs office?

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isobel 8 years, 3 months ago

Hey everyone, Im the sister of Giles Charle. Thanks for all your support, it really makes us feel good to know that not everyone is crazy! There is something you can do to help! Please call asst. District Attorney Kerry St. James at (970) 879-1146, or better yet, his boss District Attorney Bonnie Smith Roesink at (303) 824-7041 and demand that the sentences of these two obvious non-criminals Giles Charle and David Siller be reduced to community service. As citizens of Steamboat Springs, refuse to pay for them to sit in prison for six months. You all have the right to dictate how your money is spent! Tell Bonnie Roesink, who is up for re-election in 2007, that St. James is way off base, and needs to learn a lesson in justice. If she wants to be re-elected, she needs to listen to what the community wants. Please help and tell your friends! Also, if anyone has the email of any of these two, please post it and spread the word.

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HairyJane 8 years, 3 months ago

You there in Co. can free baby rapers, but jail kids who dumpster dive for a handful of old carrots. ????????????

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outoftowner 8 years, 3 months ago

Hey Steamboat Springs! Hello from Phoenix Arizona. This story is getting national, if not world wide attention.

First of all, see the post from Scott Stanford at 11:19 (a few posts up from this one) with the Sweet Pea owner's side of the story. It sounds as if, as usual when it comes to small men in big offices, the alleged 'victim' of a 'crime', in this case, the owners of Sweet Pea, have no say in whether they feel they have been a victim or not. Mr. Hieb insists that he did NOT want this case prosecuted. Give him the benefit of the doubt for now...

Now, as far as the little man with big ambitions - (maybe he wants to be THE district attorney instead of just the ASSISTANT district attorney - ???)

Mr. Kerry St. James is a meanace to society. I've followed a few of the stories that have been mentioned in these posts. (Yes, I admit it, I am a news junkie.) Is this man on drugs or what? Or maybe he SHOULD be on drugs - at least a powerful anti-depressant or anti-phobic medication.

I hope you are all as outraged as I am that this abuse of power occurred and was allowed to occur. (I think there is a judge somewhere in this process that deserves a good kick in the arse too.) I encourage each and every citizen of Steamboat Springs and Moffat County to sign and pass along a petition to have this man removed from office.

Our elected and appointed officials (in Steamboat Springs, Phoenix and Washington DC and every where else in this country) have an obligation to do what is in the best interest of the people they serve. Mr. St. James is apparently oblivious to this fact. His statement that "the sentence was the choice of the defendants" is absurd. He is a incompetent assistant DA who is trying to deflect the responsibility of his decisions upon his victims. He should never have brought a charge against these two men and he owes you his resignation.

It is my impression that the Steamboat Springs economy is largely dependent on tourism to the area. While the Rainbow Family gathering might not be the ideal tourism you want to encourage, this highly publicized story speaks volumes of the intelligence of avoiding Steamboat Springs at all costs. I would not risk my freedom to step foot in Steamboat Springs for fear I might get life for jay walking.

Hope you all can make your voices heard and send this yo-yo packing. Since I'm not a local, I can't do much but cheer you on. But if any of you have a phone number for the DA'soffice, I would love to call and leave a comment!

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outoftowner 8 years, 3 months ago

Woooooo! Isobel - I just read your post. Thanks for the phone numbers! Tell your brother and his friend that there are people all over the country who are appalled by the treatment they received and wish them their freedom in a New York minute!

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spiderqueen1 8 years, 3 months ago

Well, Steamboat is living up to a somewhat undeserved reputation. If these kids were rich, ski bums I think their treatment would have been different. This is getting national attention and I suspect will cost the community money.

Don't you feel silly, now Mr. DA? I would love to hear your justification of this nonsense. Step up.

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outoftowner 8 years, 3 months ago

By the way, there is a post on the message board following the Sweet Pea owners side of the story (Sweet Pea owners: "We didn't want this" ) - posted by David that starts:

Did Assistant District Attorney Kerry St. James violate the Rules of Professional Conduct, which govern the actions of attorneys in Colorado? ...

which is a very interesting read of the legal obligations of Mr. St. James and how he seems to have violated them. Perhaps Mr. Siller and Mr. Charle have some legal recourse against Mr. St. James?? I sure hope so!

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JazzSlave 8 years, 3 months ago

Scott Stanford

It is hard to tell how widely read (or ignored) your online service is. Perhaps it might be worth publishing a sampling of these online reactions in the paper, by way of introducing your readership at large to the discussions available here.

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HairyJane 8 years, 3 months ago

Yes, please wake up and smell the oder of infernal police overkill, there in your perfectly plastic community.

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roger 8 years, 3 months ago

You know its funny but every year we have a family reunion for the holidays. I've been debating for the last couple of days whether to book it at Steamboat Springs or Breckenridge. Last night I talked it over with everyone and we went with Steamboat.

Since I'd hate to think some of my kids might end up doing hard time for assault and battery should a snowball fight break out, your swastika-clad prosecutor's office just made it an easy choice. If this St. James snake wants to "set an example" of fascism, he should go run for office in Ludlowe- back in 1914.

Please note- I'm booking 16 people for 10 days. At BRECKENRIDGE. All totalled, your town can add about $23,000 in lost revenue to the cost of your mission to persecute the hungry. You might let your chamber of commerce know. Also I work for Microsoft and will be forwarding this article to my coworkers with the advice to boycott your town until you let these kids go. I for one will never return to Steamboat if they are not released post haste.

Roger D. Seattle WA

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angelina_jelly 8 years, 3 months ago

ahhhh ha ha ha ha! What misplaced indignance all of you have!

These two hippies were represented by a licensed Attorney. Ha!

How much did they pay that bozo to "defend" them?

Why did they cop a deal? They waived their right to a jury trial. They waived their right to an appeal. Hmmmmm.....wonder why?

Why did not they hire a savvy defense attorney who is experienced in handling jury trials?

If this sentence was handed down by a judge after a jury found these hobos guilty of a felony would your opinion be different?

If these clowns were so "innocent" why did not their outspoken families put their money where their mouths are (and I don't mean in the garbage can) hire an attorney who is jury trial savvy and take this case to the mat?

I am no defender of Kerry St. James. I am just sure that you commenters have a misplaced sense of indignity.

You are all a bunch of idiots.

If you don't shop at Sweet Pea, fine. That means there will be more fresh organic produce for me. God knows I do not like to get out of my 1,000 count sheeted bed so early to get the good stuff...

G.D. smelly hippies. I feel sorry for the inmates at the Routt County Jail. Think twice before y'all drink and drive. If you wind up in the pokie you might have to share a toilet with some hep-c ridden garbage eating stinkin hobo. That thought is enough to keep me on the straight and narrow for a while!

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Gladys 8 years, 3 months ago

Not everyone has money to throw around or away JellyFish. St James suffers from "little guy" syndrome - that is why he is always asserting his "power". I have heard other stories of so called "victims" not wanting to press charges and he always goes after them anyway. As much as I disliked the RF being in town, I absolutely despise St James. He is no good and up to no good at all times.

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outoftowner 8 years, 3 months ago

My, my Angelina-Jelly. You sould like you are capable of a hate crime yourself, just because someone doesn't have the money to be a Steamboat Ski Bunny.

I don't think there will be a big boycott of Sweet Pea's. If people read what the owners had to say, they will see that Adolph um, I mean KERRY St. James prosecuted these young men even though the 'crime victim' Mr. Heib, declined to prosecute as he did not feel a crime had been committed.

The issue here is not whether these men needed a shower or whether you personally want the Rainbow Family in Steamboat Springs. At issue here is the total lack of common sense on the part of your D.A.'s office and the outrageous punishment that does NOT fit the crime, because, indeed, according to Sweet Pea's owner, no crime was committed.

Might I kindly suggest you seek some counselling for your anger problem? And maybe if you'd get your nose down from so high up there in the air, you wouldn't have such a wiff of stink that only the high and mighty are familiar with. I bet you also thought the Katrina refugees should build an ark and get a life - ? Ah yes, yours was truly a post of ignorance at it's best. It's sad when any human being has such disdain and hatred for another human being. I hope you get well soon.

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angelina_jelly 8 years, 3 months ago

If these two bums did not have the dough to hire a private defense attorney, then they had no business being in this town in the first place. They should have been working.

I am grateful that they did not impose themselves on our public defender's office.

What idiots. NO ONE has to cop a plea. I still want to know why they did not take the case to the mat.

This so callled "outraged' family should have hired competant defense counsel. If these two hobos have such a rightious defense, they could have presented that to the jury.

Bums! Worthless.

One thing of which you can be certain is that I will keep my nose above this stench. Unlikely that I will lower it for anything except for that which is from the house of Chanel or Guerlain any time soon. It is nice up here. Maybe you will join us up here someday. You gotta work for it.

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angelina_jelly 8 years, 3 months ago

Hey Gladys, did you ever hear of the Routt County Public Defender's office?

A person who is charged with a crime is given an initial advisement by the Court. The defendant is advised that they have the right to counsel and if they are indigent, they have the right to court appointed counsel at the expense of the state.

If these hippies are "indigent" they should have not been here on "vacation" in the first place. Nevertheless, they still have the right to have a jury trial.

Why did they waive that right?

I am not buying the story of the family. Either these two men are idiots or else there must be some facts that they did not want before the jury.

If the story of their "defense" is as reported here it would not be a stretch to assume that a reasonable jury panel would react similarly to the commenters on this thread.

I am no fan of KSJ. However, in all fairness, he cannot, under any circumstances force any defendant to cop a plea. Any idiot who passed a 5th grade civics class should know that.

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Tall_Poppy 8 years, 3 months ago

Hey Angelina, even an attorney like you needs to settle down and take a breath now and then. Maybe you've been living under that transmission line a little too long.

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outoftowner 8 years, 3 months ago

Well, I've enjoyed chatting with you Angelina. It's sad. My children have decided they don't want to bring kids into this sorry world, thanks in large part to people like you and St. James. I'm sure it IS very nice in Steamboat Springs, but if you represent the attitude of the locals, it doesn't seem like it would be a very nice place to visit.

I live in Phoenix, where we have a lot of wealth, as well as one of the countries largest homeless populations, and a huge illegal immigrant population. Maybe you should try it someday, Angelina. I can't imagine living in a world where everybody was a carbon copy of you. And just for the record, my sheets are just as good as yours, and so is my car, my house and my job. To coin a phrase: Arrogant. Spoiled. (Worthless!)

Is there an "ignore poster" button on this board? LOL. I don't understand why people with closed minds always open their mouths.

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angelina_jelly 8 years, 3 months ago

Gladys,

Do you understand the difference between a civil and a criminal case?

The "victim" in a criminal case does not choose whether or not prosecution proceeds.

In my experience, many victims of child abuse would not choose to prosecute their perpetrators. That does not mean that the state's decision to prosecute is not in the best interest of the people.

A "victim" can only choose whether or not to pursue a civil case.

If the "victim" "chooses" not to cooperate in a criminal investigation, that victim may very well end up being prosecuted.

You people don't know much.

I am not going to take it upon myself to school you any further.

Keep making fools out of yourselves with your comments.

I am sooooooooooooo AMUSED. HAAAAAAA HA HA HA HA

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outoftowner 8 years, 3 months ago

Hey Tall Poppy. Is Zsa-Zsa here really a lawyer?

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angelina_jelly 8 years, 3 months ago

Nope. Not a lawyer. Just a humble housewife livin out here in Green Acres.

Even if I was a lawyer there would be no amount of money that some one could offer me to take a case like this!

OK. Now. I need to get back to my nap.... loves, Zsa Zsa

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outoftowner 8 years, 3 months ago

I didn't know you woke up in the first place.... and really, Honey, it's ok. Don't educate me. I am very careful about what I let get into my brain. It's got to have some basis in reality and intelligence. Putting someone in jail for 6 months for digging over-ripe fruit out of a garbage can and costing the city thousands upon thousands of dollars is not based on intelligence, regardless of the law - criminal or civil. Sleep tight. Hope you feel better when you wake up. Hope you got your jollies out here calling everyone idiots. We had fun too.

Tah Tah.

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angelina_jelly 8 years, 3 months ago

Dangit! I cannot sleep... I keep thinking about all of the helpless ANIMALS AND CHILDREN --not to mention THE NATIONAL FOREST--that sufferred abuse and neglect at the hands of the Rainbow People.

I am not accusing the two defendants here of animal or child abuse--just pointing out that horrible crimes were committed during this event.

Why is the criminal defendant at issue grinning in his mug shot? There is something so not right about that.

Makes me wonder what was pulled up on the NCIC data sheet on these two.

Hmmmmm....again...makes me wonder WHY they did not put their case before a jury.

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remysmith 8 years, 3 months ago

The 9th Judicial District recalled its DA, Colleen Truden, after several Deputy DA's quit her office and she initiated a policy of questionable and arbitrary charging standards. In fact, she ran unopposed in November 2004.

So, let's see. Roesink took over as the DA in the 14th Judicial District in 2003 (and then ran unopposed in 2004) and since then the Steamboat Springs office alone has lost at least five Deputy DA's and two Victim-Witness Coordinators. This doesn't even count those that left the office in Steamboat Springs (or the other offices) before she took over ... numerous others that fell victim to St James' lack of leadership and erratic prosecution style.

Truden claimed that she had increased the number of felony charges during her tenure. Upon closer examination it proved to be that she likely violated prosecutorial charging guidelines. It looks as if Roesink and St James have taken a page from the Truden bible, "The Idiots Guide to Overcharging a Criminal Case."

Like Truden, Roesink ran unopposed in 2004 and the result is unfortunately similar. If the voters don't have a choice, they end up with the situation we currently have in Routt County and the 14th Judicial District.

Both the Aspen Times and the Aspen Daily News took strong editorial positions supporting Truden's recall. How long will it take the Steamboat Pilot and Today to take a position on this important issue?

It took the 9th Judicial District seven months to recall Truden. How long will it take the 14th to recall Roesink and terminate St. James?

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outoftowner 8 years, 3 months ago

All your "wondering why" is making you sound a little obsessive/compulisive. Need a little lithium?

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outoftowner 8 years, 3 months ago

By the way, that comment was for Zsa-Zsa, not remy snith.

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angelina_jelly 8 years, 3 months ago

obsessive compulsive?

Sorry. I cannot hear you. The water is running. I am busy scrubbing my hands.

When I think about the Rainbow Family I start running low on soap.

Hey! At least MY hands are clean.

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gnovembe 8 years, 3 months ago

I read about these horrendous sentences in the Rocky Mtn news today. There is no way in hell I will be visiting Steamboat for a vacation with nazis in the DA's office. I hope the people in Routt county get these bastards out of office ASAP!!!!!!!

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outoftowner 8 years, 3 months ago

remy smith, thank you for that insightful information. As someone who resides outside of Colorado, I am not familiar with some of the internal issues that have gone on. However, I am appalled at this story and others I have read about in the area, and at the outrageous waste of resources used to prosecute and jail these men on the charges. I am glad that you have come online and brought the posts here back to the issues. This is an abuse of power, and while I don't live there, it is a perfect example of how our law enforcement, judicial system and politicians have totally lost their minds. I love a good bashing session with the likes of Angelina, as it gives me an opportunity to through some slop at a pig (hey, it was HER that said she's a housewife residing out there at Green Acres....LOL) - but this is really serious and I thank you for your intelligent post to get this back on the real topic. There has to be some public outrage to make changes happen, and it's not just Steamboat Springs. This kind of BS happens all over the country and people need to empower themselves to make it change. I hope the editors heed your comments and put this out to the people.

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roger 8 years, 3 months ago

Angelina (sic),

1- It is at the discretion of a prosecutor to press charges in the absence of the victim's wishes to do so in a CRIMINAL case. This is not a criminal case because stealing garbage is NOT a crime. If it were every prosecutor in the country would be in violation for performing garbage pulls in suspect investigations. The supreme court has ruled that garbage is NOT private property and threfore subject to search and confiscation without a warrant.

2- the arthritis is going to get the better of you. And for your hate filled self-righteousness, I wish you ill.

To the family of the convicted,

You need to contact a good attorney and file a civil suit against Steamboat Springs et al. Their constitutional rights have been violated. If I were on a jury I would award millions to these two without hesitation as punitive damages against this abuse of power committed by the local government.

The punishment must fit the crime, and there's not a jury in the world who would argue $15 worth of trashed vegetables equates to 6 months of life.

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outoftowner 8 years, 3 months ago

Call Mr. Kerry St. James and tell him what you think of his performance

970-879-1146

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steamboat_visitor 8 years, 3 months ago

I certainly hope these young men and their families decide to bring a civil law suit against the Routt County DA's office, for a violation of civil rights. They (the DA's office) "should be made an example of" especially given the previous lack of prosecutions of local residents for serious crimes. SHADES OF LES MISERABLES

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Tall_Poppy 8 years, 3 months ago

"Nope. Not a lawyer. Just a humble housewife livin out here in Green Acres." previous post from angelina_jelly.

An attorney? Yes. But neither humble, nor a housewife. But quite possibly the only 39 year old attorney with a page on myspace.com. Makes you seem a little desperate a_j.

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outoftowner 8 years, 3 months ago

ROFLMAO!

Ok, thanks Tall Poppy!

That made my day.

Somehow, it seems like all of the universe is in sync right now.

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outoftowner 8 years, 3 months ago

SCAREY THOUGHT!

LOL - maybe she could run for assistant DA against St. James? Nah, that would never work. Her perfume would gag everyone in the courthouse elevators!

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intowner 8 years, 3 months ago

This is an outrage and an embarassment to our community.

Mr. St. James is carrying a huge grudge because his name was not sent to the governor when he applied for the recent district court judge position. What happened is that he had little or no support from the legal community -- other than, perhaps, from his boss, Bonnie Roesink. He regularly abuses his power and thank God he is not the district court judge. Can you imagine how this pompous, self-righteous man would rule from the bench? It is time for Ms. Roesink to take some responsiblity for this out-of-control egomaniac and get rid of him for once and for all. No more excuses!

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Malebranche 8 years, 3 months ago

Let it go already, please. It's obviously over-the-top sarcasm, but even if she were attempting to troll she'd be succeeding. Act like big fish, ingnore the bait, and let's stay on topic.

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getalife 8 years, 3 months ago

It's great that the DA is getting his proverbial 15 minutes of Fame. Currently the story is running in and on the following. Please note that L.A. Times, Newsday, The Guradian, Forbes and the Washington Post have already run stories on this. This story has some legs. What a great way to to get free pre-season publicity for Steamboat.

<p>9NEWS.com, CO - 3 hours ago abc13.com, TX - 12 hours ago Arizona Daily Star, AZ - 20 hours ago AZ Central.com, AZ - 19 hours ago Belleville News-Democrat, IL - Sep 1, 2006 Biloxi Sun Herald, USA - 23 hours ago Bradenton Herald, United States - 23 hours ago Carlisle Sentinel, PA - 3 hours ago cbs4denver.com, CO - Sep 1, 2006 Centre Daily Times, PA - 5 hours ago Centre Daily Times, PA - Sep 1, 2006 Centre Daily Times, PA - Sep 1, 2006 Contra Costa Times, CA - 23 hours ago Duluth News Tribune, MN - 7 hours ago Forbes - Sep 1, 2006 Fort Wayne Journal Gazette, IN - 23 hours ago Fort Worth Star Telegram, TX - 23 hours ago Fresno Bee (subscription), CA - 23 hours ago Glenwood Springs Post Independent, CO - 20 hours ago Guardian Unlimited, UK - 23 hours ago Houston Chronicle, United States - Sep 1, 2006 Kansas City Star, MO - 7 hours ago KSL-TV, UT - Sep 1, 2006 Los Angeles Times, CA - 23 hours ago Monterey County Herald, CA - 23 hours ago Newsday, NY - 23 hours ago Penn Live, PA - 5 hours ago Penn Live, PA - Sep 1, 2006 phillyBurbs.com, PA - 5 hours ago phillyBurbs.com, PA - Sep 1, 2006 Pioneer Press, MN - 23 hours ago Rocky Mountain News, CO - 17 hours ago Seattle Post Intelligencer - Sep 1, 2006 The Ledger, FL - Sep 1, 2006 The State, SC - Sep 1, 2006 TheDenverChannel.com, CO - 5 hours ago TheDenverChannel.com, CO - Sep 1, 2006 Times Daily, AL - Sep 1, 2006 Times Picayune, LA - 23 hours ago Town Hall, DC - Sep 1, 2006 Washington Post, United States - Sep 1, 2006 Wilkes Barre Times-Leader, PA - 6 hours ago Wilkes Barre Times-Leader, PA - Sep 1, 2006

Those with more than one entry have published Sweet pea's indicment of the DA further burnishing Steamboat's image.

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outoftowner 8 years, 3 months ago

I repeat!!!

Call Mr. St. James at 970-879-1146 and empower yourselves.

I have and I don't even live in Colorado.

I told him he's the biggest national not-so-celebrity since Tom Cruise made a fool of himself jumping on Ophra's couch proclaiming his undying love for Katie Holmes.

Who is interested in getting an email petition going to get these guys out of jail? I think a few of us with large email address books could get it going nationwide....

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outoftowner 8 years, 3 months ago

Let what go? People who condone the behavior of a public servant with as much power as a District Attorney? People who have enough money to think that they are better than everyone else? People with a law degree that makes them think that they are entitled to look down their snotty noses at everyone else? People that say it's ok for someone to get thrown in jail for 6 months for taking some rotting veggies out of a garbage can - and charge the taxpayers thousands of dollars for thier righteousness?? Not on your life. At least, I don't go there. Maybe you do.

Take back control and make the United States of America belong to it's people again.

I repeat, call Mr. Kerry St. James at 970-879-1147 and demand the release of these POWs. (Prisoners of the Wealthy)

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jonathon 8 years, 3 months ago

Thank you for all your comments concerning this sad situation. I'm speaking for myself, Jonathon Hieb and on the behalf of Katherine Zambrana,owners of Sweet Pea Produce. Sorry it has taken so long to reply, as we were working at our store and doing our local farmers market today. Sweet Pea does not agree with the offer made to these young men, by DA St. James. I personally spoke with St. James concerning this matter a month ago. I told St. James that I was concerned with what he had offered these men, and before I could even explain my position St James rudely interrupted me and specifically told me he wasn't going to have these young men and the rainbow people come into our nice town and take it over. And he added, that he was going to make an example out of them. I was so furious I soon ended the conversation, in fear I would say something that I would later regret.

Now I'm going to say what I should have said to St. James that day.
In my opinion DA St James purposely put these young men in a situation were they had to choose jail time instead of excepting a felony that would have ill effects on them for the rest of their lives. These young men are clearly not criminals and are ambitious in their endeavors as social workers and as teachers, a felony on thier record would surely crush these dreams.Basically, St. James made them choose between the lesser of two evils.This matter could have been handled with an apology, an at most a small amount of community service.Instead, St. James has made Steamboat Springs look like a place that is absent of compassion and most of all common sense.I think it's time Mr. St. James questioned his ability to serve the people of routt co. I will be glad to talk to anyone concerning this matter but please no more threatening phone calls to Sweet Pea, as some of my employees are truly scared. Please call me personnally 970 846.1907

                                       Sincerely, Jonathon Hieb

P.S. We do recycle our overipe produce, we give it to local pig farmers. And thanks for the compost idea.

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outoftowner 8 years, 3 months ago

You are truly a most gracious person, Mr. Heib, and if I ever have the guts to visit Steamboat Springs, ignoring my fears of persecution for being less than elite, I will make sure to buy as much of your produce as I could fit in my car. I am so grateful that you made this post, even though I don't reside in Colorado and I don't know the 2 young men that are incarcerated. I think it takes great courage to come online and state your personal comments amidst a national outcry for justice and I wish you the best. I too have had a situation like this occur and I am sick to death of those with a "degree" and a level of "education" and a "position of power" over-riding what the human element believes to be "right". May RIGHT always be done for you for making this post.

I hope your business suffers no ill effects from the actions of Mr. St. James.

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angelina_jelly 8 years, 3 months ago

Ahhh Malebranche. Thankyou. I was being more than sarcastic. Apparently that does not go over well here. Being sarcastic results in one being accused of being an attorney dosed in perfume.

Interesting.

Nevertheless, I do not understand the incongruity of this thread with an underlying current of many other threads.

The gist of many other threads is as follows:

1) There are certain attorneys who have an "in" with certain judges;

2) A criminal defendant need only put the cash down with one of those attorneys (who can be easily identified by their flashy german hpvs, rolexes and, perhaps, a seat on the judicial review or nominating commission), bring Gary Wall on board as a P.I. ; and

3) Voila! The prosecution and the cops who would have been witnesses all fall to their knees at the power of the defense bar and the skill of Gary Wall. The criminal runs free (albeit with less cash in hand).

Call me obsessive, but I am wondering why these defendants copped a plea if the above premises that have been submitted in prior threads are accurate.

Why did they cop a plea if it is so clear that no jury could be convinced that the elements of the crimes charged could be proven beyond a reasonable doubt?

Something here just does not add up.

I am not saying that these men did not have a decent attorney. It is likely that they either would not pony up the dough to defend themselves or else there are some facts to the case that would have made it unpalatable to a jury.

It is a shame that these men could have likely taken their case before a jury for less than the expense of the cost of housing them and feeding them at the jail for six months. If they are not held liabile for their cost of care, then I am going to chalk up one more economic externality imposed upon this community by the Rainbow Folk.

By the way...I don't have a my space page but my cat does. He digs it! And he is anything but desparate.

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outoftowner 8 years, 3 months ago

By the way, Angelina Jel - Li - I get the connection now. Think you should have some counseling with your Dad, Jo-Le, but, be that as it may.... you are less interesting than your counter part, Mr. Kerry (Tom) St. James (Cruise) - the couch jumper who has everyone raising their eyebrows. Publicity stunt. Worked well. (Gag me with ET's finger!)

I still find it VERY INTERESTING that you defend the actions of Mr. St. James.

You know dammmm well why these defendants copped a plea, being an attorney yourself. It's because the PEOPLE WITH POWER THREATEN those without (your average joe) BECAUSE THEY CAN. Those are the people this country needs to rid itself of. You and Mr. St. James and Ms. Roesink and everybody else that thinks that taking rotting veggies from a garbage can is a criminal offense. You know full well that the judge (thou holy one) would instruct the jury to find the defendents guilty of tresspass for being on the property, even though the "victim" said no crime was committed. It is a power trip, something you apparently are intimately familiar with. You know the jury is threatened to find the defendants guilty. Don't give me that "wonder why" crap!

The prosecutor and the judge in this case need to be removed from any further court service. They have done a terrible injustice to the people of Steamboat Springs by advertising this case as "an example" of how non-locals will be treated. If you want to argue this with Mr. Heib, he posted his phone number. He also stated that he did not feel a crime was committed and that he did not agree with the plea deal that Mr. St. James offered the defendants.

I'm glad for that, because NO ONE IN THEIR RIGHT MIND WOULD AGREE. Since you are such a hot shot with your 1000 count sheets and Chanel perfume aromas, maybe YOU want to pick up the tab for the incarceration of these innocent persons for the people of Steamboat Springs, if for no other reason than to prove you're a stuck up trick beeeeech. You seem to think you're so much better, then prove it. Step up to the plate. Pay the bill, Zsa-Zsa.

"Green Acres is the place for me! Farm living is the life for me! Land spreading out so far and wide! Keep Manhattan and give me that countryside."

Ever occur to you that the stink you might be smelling is your own farm, Honey? You admitted you were just a housewife living out there on Green Acres. Com'on now, let's stop picking on the Rainbow Family as the only ones who smell funny. You do to, if you want to get real about it. Maybe your "legal definition" of "funny" is different from mine, but I bet you stink up an elevator just as much as a Raibow Family member.... Know your type. Don't like 'em

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outoftowner 8 years, 3 months ago

Get these guys out of jail.

Email

<p>luv_veggies@hotmail.com

to be included in a nationwide petition to have them released.

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intowner 8 years, 3 months ago

It is time for a recall of Bonnie Roesink, Kerry's boss. There have been ongoing issues with him and she apparently refuses to take any responsibility for his behavior.

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outoftowner 8 years, 3 months ago

Guess Angie took offense to something I said - LOL.

Well, it's not the first time Big Brother has eliminated something I said. Must have been the B word.

At any rate, Get these guys out of jail!

Call Kerry St. James at 970-879-1146 and/or

join an email petition at

<p>luv_veggies@hotmail.com and ask to be included in a distribution list

Peace!

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outoftowner 8 years, 3 months ago

Hey Staff - you removed one of my posts. Why? Would like to know. You have my email addy. Tell me what was wrong with what I said to Zsa-Zsa.

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Tall_Poppy 8 years, 3 months ago

Awwww, Angie...... Now you've gone and made your myspace.com page private. What prompted you to do that in the last hour, if you're a happy housewife frolicking in green acres?

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outoftowner 8 years, 3 months ago

Tee hee hee -

No wonder I couldn't find it.

I even had my cats go out there and look for it.

ROTFLMAO!

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angelina_jelly 8 years, 3 months ago

ha ha! This was amusing at first. Now I am bored. You gals are way off topic.

I don't have a my space page. Your investigation "skills" would be better put to use on that which is at issue.

WHY did these two men cop a plea if there was "no crime".

Didn't the D.A. offer these two men (they are not "boys") a deferred on the felony? Do you know what that means? Is there some reason why they thought that they would not be able to get through the period of deferral without re-offending?

If they were so hungry, why did they not choose to go to a 24 hour convenience store and buy a power bar?

Something just does not add up....

Your personal attacks upon the person who you assume that I am do not answer my questions.The irony is that I suspect that the person you assume I am would have the same questions.

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outoftowner 8 years, 3 months ago

Quit acting like an innocent moron, Sweetheart. You know darn well why they copped a plea, being a dumb lawyer yourself. Know what they call a dozen lawyers at the bottom of the Great Salt Lake? A good start!

I've had a family member embroiled in the nightmare that is our justice system in the good ol US of A. I hope you don't think that anyone holds you in great awe and respect for your degree. 99% of your peers (educated business professionals) think you stink worse than the RF. You sit there on your ceramic thrown and think yourself holier than thou because your stink is positioned over the septic system.... well, you don't impress me or anyone else here.

The "victim" of the "crime" has himself posted on this board that no crime was committed. Give it up, Sweetie-Pie. Mr. St. James has no ground to stand on. He SCREWED UP ROYALLY.

I need more responses to the email petition. Thanks to those of you who have alread replied.

Get Siller and Charle out of jail by joining an email petition at

<p>luv_veggies@hotmail.com>

Simply email with a subject line that says "I'm in" and forward the material you get to everyone on your email list.

Thanks for your support of these strangers to me who have done nothing wrong except step foot in Steamboat Springs!

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outoftowner 8 years, 3 months ago

Well, 379664, aka Angelina_jelly,

You're wrong once again. The owners of Sweet Pea did NOT call the police. The neighbor called to report suspicious activity near the stand.

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outoftowner 8 years, 3 months ago

Glad you're having as much fun as me.

Still doesn't change anything. I mentioned in my first post that the judge out to get a good kick in the arse for allowing the DA to let that deal into court, and mentioned again in a later post that he ought to step down as well.

The DA gave these 2 guys no choice - ruin your lives over some discarded veggies or ruin your lives over some discarded verggies. A felony on your record that stays there forever and no time in jail, or a misdemeanor on your records and six months in the county jail.

At taxpayers expense.

The owners of Sweet Pea did NOT want to press charges and were NOT the ones to call the police. They have probably lost a lot of business from people who read the first story but not their side of the story. Lots of people probably DO think that it was a vindictiveness on the part of the Sweet Pea owners against the Rainbow Family. So it was really Mr. St. James' outrageous decision that victimized Sweet Pea's, not Mr. Siller and Mr. Charle.

Jonathan Heib came out on this board and said flat out that Mr. St. James told him he was going to make an example of these 2 young men and Mr. Heib said he wanted nothing to do with it. It is the equivalent of a hate crime and a horrible abuse of power. Then Mr. St. James denies this, when his actions speak just as loud as his words.

Maybe you and Angelina are not one and the same, but you both seem to think that 6 months in jail is an appropriate sentence. I'm guessing that is because you dislike the Rainbow Family and want to see them treated harshly, and not because you think 6 months in jail is the appropriate sentence for taking some carrots out of the trash.

I don't see how either one of you can defend the actions of the DA by complaining about the defendants personal hygiene.

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outoftowner 8 years, 3 months ago

And speaking of funny comparisons - how about this one made by Angelina -

"Do you understand the difference between a civil and a criminal case?

The "victim" in a criminal case does not choose whether or not prosecution proceeds.

In my experience, many victims of child abuse would not choose to prosecute their perpetrators. That does not mean that the state's decision to prosecute is not in the best interest of the people."

Comparing a frightened young child's reluctance to prosecute an abusive adult to a produce stand owner's reluctance to prosecute a couple of guys that took some old veggies out of the trash -

That's not exactly apples to apples, now, is it 379664?

Me thinks Esq. Angie is a little hung up on defending Mr. St. James decision to prosecute in a situation where a true crime did not exist. I'm still in the dark as to why Angelina thinks that, in this case, the prosecution of these 2 young men and incarcerating them for 6 months at a cost of thousands upon thousands of dollars was in the best interest of the people of Steamboat Springs. Based on her other comments, it appears to have nothing to do with veggies and everything to do with ferrets.

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outoftowner 8 years, 3 months ago

Of course it's absurd!

The whole thing is absurd!

That's the point of this whole discussion.

The MOST ABSURD part is that Mr. St. James would waste the time, money and reputation of Steamboat Springs to make an example of these 2 guys that probably are guilty of nothing more than a momentary lack of good judgement, while letting people who commit serious offenses off the hook. And that the people of Steamboat Springs put up with it.

THAT'S WHAT IS ABSURD.

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the_Lizard 8 years, 3 months ago

Trespassing is a crime in Routt County, worth 6 months is jail? Come now, we have had trespassers on our property and certainly the authorities never considered that a crime, much less a felony. (they had guns and called themselves hunters) Wouldn't there need to be underlying reasons that would raise the trepass to a punishable crime. I don't think dumpster diving is that reason. Really I don't know I am just wondering.

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Fiach 8 years, 3 months ago

Miss Jellie:

ha ha! This was amusing at first. Now I am bored. You gals are way off topic. I don't have a my space page. Your investigation "skills" would be better put to use on that which is at issue.<

I'm appalled to find a community member like you is being harrassed by morons who lack any kind of investigative skill. This seems to be a case of mistaken identity. Apparently there is a lawyer in town who uses the name "Angelina Jellie" on myspace, and people think it's you. How stupid can people get. How about calling a local lawyer... Carole Krohn maybe... and see what you can do about it. I think you two would work together real well and put a stop to this angelina-jellie wannabe.

WHY did these two men cop a plea if there was "no crime".<

I thought there WAS a crime-- that of entering the Sweet Pea property.

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JazzSlave 8 years, 3 months ago

I pointed my dad (72-yr old hard-as-nails, law & order ex cop) at this story last night.

He had some choice words for St. James, which decorum prevents me from reproducing here.

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Tall_Poppy 8 years, 3 months ago

Numbers, it's a good question. There's no evidence these guys are smart or anything close as far as I'm concerned and I for one am not defending them. My outrage is reserved for St. James' use/abuse of the legal system and of Routt County taxpayers' money.

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JazzSlave 8 years, 3 months ago

s:

One has nothing to do with the other.

Trespassing & dumpster diving shouldn't result in 6 months in jail. At most, a couple of citations & attendant financial penalties. Some community service, maybe.

But 6 months of your life? For snagging cucumbers Sweet Pea couldn't sell and didn't want? An infraction the BUSINESS OWNERS - the alleged "victims" - had no interest in prosecuting?

Please.

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outoftowner 8 years, 3 months ago

379644 - You're right about that. I don't know why they needed to take the stinking carrots out of the dumpster if they had money. When I read this article, I did a little internet surfing and found a photo of the Sweet Pea Produce stand. Now, I didn't see a 7/11 or Circle K or whatever you have in Steamboat Springs next door to the stand. I am not familiar with Steamboat Springs. I don't know whether they were driving or walking, or what time of day this was - apparently it was night because the stand was closed and the owner was contacted at home by the police after a neighbor called. How far were they from the nearest place to buy food? How far were they from their destination? What time was it? Were they on foot? Was there other transportation available (you mentioned a bus...)

I don't know the answer to your question. Which is why I said they were probably guilty of nothing more serious than a temporary lack of good judgement.

Yes, that would have solved the whole thing right there, wouldn't it? If they had just gone on down to the AM/PM gas station and bought a Snickers bar instead of taking some old carrots out of the trash.

That STILL does not excuse your DA from making the statement to Mr. Heib that he was going to make an example out of these 2 men (out of loathing for the Rainbow Family, I'm sure) and then making good on his threat.

I don't care what the circumstances were that led up to them taking the veggies out of the trash. Mr. St. James is STILL the most guilty party for his abuse of his position.

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1FRANKENSTEIN 8 years, 3 months ago

DON'T JUST SAY "STAY AWAY." CANCEL, CANCEL, CANCEL. DO NOT FOR THE LOVE OF GOD SPEND MONEY IN STEAMBOAT. YEA........

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1FRANKENSTEIN 8 years, 3 months ago

This person is so stupid I doubt he will be able to not abuse these men while in jail to seek vengence and cost Steamboat millions before this is done and over. He cannot control himself.......and has terrible judgement.

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outoftowner 8 years, 3 months ago

Lizard - the reason it became a punishable crime is because they were Rainbow Family members.

Mr. Siller and Mr. Charle were prosecuted because of the personal vendetta Mr. St. James has against this group of people.

Direct quote from Mr. Hieb's post:

"I personally spoke with St. James concerning this matter a month ago. I told St. James that I was concerned with what he had offered these men, and before I could even explain my position St James rudely interrupted me and specifically told me he wasn't going to have these young men and the rainbow people come into our nice town and take it over. And he added, that he was going to make an example out of them. I was so furious I soon ended the conversation, in fear I would say something that I would later regret."

Mr. Siller and Mr. Charle went from being hungry dumpster divers to the victims of a hate crime perpetrated by the Assistant District Attorney, Kerry St. James.

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JazzSlave 8 years, 3 months ago

1FRANKENSTEIN:

Your community is picture-perfect, I suppose. It is beyond the realm of possibility that you would ever have to deal with over-reaching little Napoleons in your environs.

Good for you.

What we have going for us here in Steamboat is a limited supply of sanctimonious whiners like you. So by all means: cancel and stay away. You won't be missed, & we'll be better for your absence.

Meanwhile, karma's a bitch, & St. James will get his.

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matilda 8 years, 3 months ago

After reading the comments on this it seems the owner of sweet pea is going to suffer a great loss of bussiness due to MR KERRY ST JAMES UNPROFESSIONAL AND BULLY ATTITUDE AND TACTICS. Call for his removal from office and hold him legally and fianiancially responsible. $15.00 is a loss, over $20,000 to keep them in jail and all the lost bussiness?$$ is a bigger loss. Lose the bully prosocuter. It will save your community

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1FRANKENSTEIN 8 years, 3 months ago

If we can find enough people to take a newspaper out of trash cans all over Steamboat to read and turn them in for six month in jail, I think we can bankrupt the Whole FriggeEn Town. YEA.......

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Tall_Poppy 8 years, 3 months ago

OK. I admit it. I stole an unwanted catalog from the post office's trash can. I'm on my way to turn myself in now. See you all there.

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outoftowner 8 years, 3 months ago

ROTFLMAO!!

I will send you some veggies with a file in them...

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1FRANKENSTEIN 8 years, 3 months ago

P.S. IS There any where else in the U.S. Where it is a FELONY to take a newspaper from a trash can, even to use it as T.P. Please, comments......

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bigdog 8 years, 3 months ago

What a sad day it is for my beloved Steamboat.......

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1FRANKENSTEIN 8 years, 3 months ago

P.S. IS There any where else in the U.S. Where it is a FELONY to take a newspaper from a trash can, even to use it as T.P. Please, comments...... Oh yes, we crossed a businesses parking lot doing so?

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the_Lizard 8 years, 3 months ago

I agree with you towner, that this is happening because they are Rainbowers, but I think applying the words Hate Crime to what St. James did not quite acurate. unless the RF is a religious group.

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1FRANKENSTEIN 8 years, 3 months ago

Can you actually believe this. Go to Steamboat, take a newspaper from a trash can, and look at their law enforcement people in a way they don't like.. SIX MONTH IN JAIL......

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outoftowner 8 years, 3 months ago

Well, Lizard - I don't know the legal definition of a "hate crime" but I don't think it is specific to religious groups. I think a hate crime is any action to harm a person specifically because of who the person is or their affiliation with a group of person - such as attacks against persons of another race BECAUSE they are another race, attacks against persons with a different sexual orientation than yourself because of their orientation, etc.

It seems to me that Mr. St. James deliberately set out to harm these 2 men because of their affiliation with a group of people that Mr. St. James hates.

Maybe hate crime is not accurate, but it seems to fit.

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outoftowner 8 years, 3 months ago

LOL - In contrast, this is how South Salt Lake City treats it's hungry travelers:

Purse snatching victim chases thief, then gives him some money

Associated Press Sept. 2, 2006 03:01 PM

SOUTH SALT LAKE, Utah - A 75-year-old woman ran after a man who stole her purse, got it back and gave him a tongue-lashing - and $3.

Betty Horton said the man apologized to her and said he was broke.

"I said, 'Why didn't you just ask me for some change? I would have helped you. I would have gladly given it to you,' " Horton said.

Horton was putting groceries in her car Wednesday when she noticed her purse was missing. She saw a man running with the bag under his arm.

"Good thing I had my running shoes on," Horton said.

She ran past businesses and saw him in a residential area standing over the unzipped purse, she said. She threatened to shoot his ear off, although she didn't have a gun.

Horton said she put money in his hand and told him, "Now get the heck out of here." Police arrived, but the thief - whom authorities described as a 40-year-old man - was gone.

"Seventy-five years old and I can still take care of myself," Horton said.

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matilda 8 years, 3 months ago

Maybe The owners of Sweet Pea, Jonathon Hieb and Katherine Zambrana, could turn this around by offering the 2 men in jail a job. Certainly nonviolent offenders would qualify for a work release program. Just a thought......

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outoftowner 8 years, 3 months ago

It's a thought, but - why is it Jonathon Hieb and Katherine Zambrana's responsibility to turn this around? They didn't want to prosecute in the first place. Because of the judicial system, their employees have been harrassed and getting threatening phone calls.

Mr. St. James needs to be a man and stand up and take responsibility for the mess he created, and the damage it's done to Sweet Pea's public reputation.

Mr. Hieb came out here and posted his statement.

Mr. St. James should do the same.

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1FRANKENSTEIN 8 years, 3 months ago

He's no man. Everyone else needs to stand up and fix this mess the brainless bafoon created.

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1FRANKENSTEIN 8 years, 3 months ago

BUTT WHERE DOES IT END. picking up a discared ticket at the race track and being on the wrong side of these peoples family. BOOM A FELONY......

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1FRANKENSTEIN 8 years, 3 months ago

that these people have no business being where they are. if they are not removed their true colors wll always resurface when given the chance. (When no one is watching again)

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outoftowner 8 years, 3 months ago

Well, Ann, I asked an honest question about the location of other places to get food because I am not familiar with Steamboat Springs and the picture I saw of Sweet Peas gave the impression that it was kind of in the middle of nowhere. It was just a question, being unfamiliar with the town, and you had asked about the reason why they would have dumpster dived in the first place if they had money.

Yes, it would make a difference if it was the middle of the night and there was no place else for miles and they'd have to walk.

It's obvious that Mr. St. James isn't the only person in Steamboat Springs that dislikes the Rainbow Family. And maybe that's totally justifiable. Maybe they do cause problems for the locals.

It STILL doesn't give him the moral right to stick it to these 2 guys the way he did. He is STILL in the wrong, and he would not have had the same plea deal for any 2 other people who might come to Steamboat Springs. Since Mr. Hieb did not request any kind of compensation or punishment, it would have gone away for anyone else. Mr. St. James would not have taken action if this had been a couple of rich teenagers looking for tomoatos to throw. It was prejudical behavior on his part and an abuse of his position in public office to pursue a personal agenda.

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JazzSlave 8 years, 3 months ago

s:

I don't care what dumpster-diving says about the dumpster-diver. You and I shouldn't be required to fund 6 months of absolutely meaningless incarceration, regardless of what a logician may think about Mr. Charle's and Mr. Siller's choice of cuisine. Again: one has NOTHING to do with the other.

I take a backseat to no one when it comes to the contempt in which I hold the Rainbow Family and their so-called "religion." However, our legal system guarantees the Rainbow Idiots the right to embrace stupidity, so long as it doesn't injure or infringe upon anyone else's rights or well being. To quote Oliver Wendell Holmes: "The right to swing my fist ends where the other man's nose begins." Unless I'm missing something, Sweet Pea's nose remains untouched. The owners themselves maintain that they are victimless and unhurt.

You've spent a lot of time savaging Charle & Siller for their failure to apply logic at mealtime. Why haven't you put St. James under the same microscope? Unlike Charle & Siller, St. James wields real power. Where is the logic in forcing Charle & Siller to REIMBURSE Sweet Pea for items the business had demonstrably rejected as valueless? Where is the logic in taking away 6 months of their lives, when REAL scumbags who have committed GENUINE crimes against ACTUAL victims have been subjected to penalties substantially less harsh?

If you're going to insist that logic be considered, you should apply that consideration equally to both sides.

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outoftowner 8 years, 3 months ago

s - no one disagrees that they DID trespass. So how about an appropriate punishment of 10 hours of community service?

And it IS too bad poor taste can't be a crime. You'd be locked up for the poor taste you used when addressing the family and friends of these guys on the other board.

And we could feed you veggies.

Yeah, yeah, cops wife. Whatever. I was married to one for 13 years and heard all the inside stories too. It didn't twist my view of people being people, regardless of their circumstances. However, it DID kind of taint my view of boys in blue. Just like any other people - there are some good ones and some bad ones.

I just don't think these boys were THAT BAD.

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JazzSlave 8 years, 3 months ago

s:

It appeared to me that you were directing the bulk of your frustration at Tweedle Dee & Tweedle Dum, and very little at Dudley Dooright. If I misunderstood, mea culpa.

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JazzSlave 8 years, 3 months ago

s:

Meigs is doing great. I'm presently working on vehicle stays with him. He still has enough seperation anxiety that he'll jump out of the car after me if the windows are left open enough. Sand & I have concluded that he was likely abused by a man under the stewardship of his previous owner. He's much more at ease around women.

Tell me about the Christie Fox animals - this is the 1st I've heard of them. How many critters is that for you now?

By the way, Meigs turns a year old tomorrow. He's getting a beef bone & a scoop of vanilla ice cream...

As for moi, I have no complaints. Smoking a Cohiba & sipping a Dewars & water even as we speak.

Cheers!

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Malebranche 8 years, 3 months ago

I'd be careful admitting to a crime in a public forum. Since JFK signed the trade embargo in 1962, Cuban cigars have been illegal here in the States. Of course my assumption is that you are not smoking a pre-embargo cigar (a pretty solid one since no one would smoke such a cigar with Dewars).

The fine is up to $250,000 with 10 years jail time. Your local DA might be salivating as I type.

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cbenge 8 years, 3 months ago

Well, for what it is worth as a protest, we (7 of us) will not be skiing in Steamboat Springs this season, and probably not in the future. You people must be idiots to have elected a DA like this one.

Chris

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NSrailcar 8 years, 3 months ago

I find it funny that people are calling them non-criminals. The fact is that they jumped a fence and trespassed on someone elses property. Sounds like a criminal act to me:) If a dumpster is on private property it does not give someone the right to rumage through it without permission. If I saw someone trespassing on property I didn't own I would call the police also. If it was my property they would be met with a choice of waiting for the police to arrive or find out what hot lead feels like. They did break the law. With that said, when the owners of the "Sweet Pea" found out what the criminals were up to "dumpster diving" they had a common sense approach that the criminals should serve community service. This was a fair punishment, six months in jail is overkill.

They comitted a crime and admitted to it, the question is one of the correct punishment for the crime. It is sad that they will spend 6 months in jail for trespassing (not to be taken lightly), while the local homeys in my city can steal and trash my car and be out of jail the next day to do it again without fear of jailtime:(

And what with the criticism of the "Sweet Pea" for not being granola hippies and composting, ect.... This is America, everyone is different, we choose to live our lives the way we want to. Personally I'd rather them doante the extra or spoiled produce to the local piggie farmers. I like pork right after beef and #1 Bambie, yum. But then again I am an old fashioned person who takes pride in this country, working hard, doing what's right, and living an honest life so don't listen to me:)

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JazzSlave 8 years, 3 months ago

cbenge:

It must be nice to live in a community where a public official NEVER oversteps his bounds. How nice for you.

If you've followed this thread, and looked at the front page of the paper today, you'll note that our dipsh*% DA is catching a lot of heat.

Nevertheless, PLEASE keep your promise to stay away. 7 less sanctimonious out-of-town tools is a net gain for us.

NSrailcar:

Unless I've missed something, nobody here as referred to Charle & Siller as "non-criminals." The rest of your post might be taken more seriously if you avoided attributing statements to us that we haven't made.

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Arturo_Vandelay 8 years, 3 months ago

Remind me never to come to Colorado for any reason.

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the_Lizard 8 years, 3 months ago

Arturo, Please never come to Colorado for any reason. Thank you I, for one, will never miss you, and all the other misguided, superior, people that are going to boycott, Steamboat Springs, Colorado Springs, Colorado etc etc. Ahhh, how great it will be to get outside to hike, bike, ski or just to generally enjoy life and to not run into someone like you. Oh Happy Day!!!

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matilda 8 years, 3 months ago

Jazzslave must be well off $$ wise, no concern for the economy of their town. Sits around smoking "COHIBAS" drinking Dewers and tending to the crops. Most people in Steamboat Springs depend on tourism for $$. But that doesn't concern you does it? Has anyone asked these guys in jail if they had ever been to a rainbow gathering before? What would happen if BLACK people came to your town?? We will ski in Canada this year.

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matilda 8 years, 3 months ago

379664: Nice made up facts about black people in your town...they were all wealthy, tipped over 30% etc. How do you what there incomes are or how much they tipped. Sounds like a load of bs. I was in steamboat Springs this summer, spent alot of $$ on food, camping supplies, hotel rooms, rental car etc. I was polite, law abiding, did not panhandle. I also went to the Rainbow Gathering. I made my point by asking about black people and you saying how great they are. You sound like a self rightious bigot. I'm glad you and Jazzslave love dogs so much, how do you treat your children?

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toxic 8 years, 3 months ago

I do know, where I'm not going to go sking anymore. Why the heck didn't they take the felony charge to court. Don't you get a trial by jury in Colorado for a felony? I don't see how they could fear a trial by jury. I would find it had to beleive that any jury would convict under these circumstances. What crappy lawyers they got advice from, perhaps they knew who the judge was. I hope you have way to remove crack-pot judges from the bench. Or is this one of those good-ol-boy towns, where the locals can kill someone and get away with it and an out-of-towner goes to jail for six months for dumpster diving? I'm going to guess that is how this guy gets to sit on the bench.

Six months in jail for stealing rotten fruit??? I am very worried about the judicial system in Colorado. How bout that Ramsey case. Add this to it.

Heck of a way to promote a vacation spot.

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angelina_jelly 8 years, 3 months ago

To add to what Ms. Numbers offerred about the Brotherhood:

I have never heard of any report of The Brotherhood abusing children or animals during their visiit.

I have never heard any report of the Brotherhood leaving a trail of Hepatitis and Parvo.

Obviously there are some people in this community--I admit I am one of them-- who would not be able to serve as a fair and impartial jury member in any trial concerning an RFer.

I have a hard time getting over my disgust regarding animal and child abuse.

I have a hard time getting over my disgust at seeing irresponsible parents who were participating in the RF event who inflicted upon their children their own preference for lack of personal hygene and dining on trash salads.

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matilda 8 years, 3 months ago

Watch for new headlines.....NBA Boycotts Steamboat Springs!! I did not know that the men in jail were abusing children and animals as A. Jelly says. Dense

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angelina_jelly 8 years, 3 months ago

I did not state that these two men abused animals or children.

There were reports of child abuse and animal abuse inflicted by RFers at the Steamboat Springs gathering and at their other gatherings. I said "RFers" --not by these two men in particular.

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Malebranche 8 years, 3 months ago

I drop by from time to time to check on the discussion, but unfortunately it has degenerated into a forum for the churlish schoolyard insults of a few posters (and, borrowing from one of those posts, fortunately for them stupidity is not against the law).

Boycott has always been a valid, and effective, form of protest against what one views as injustice and it will continue to be so. It is not a personal attack on the people of Steamboat Springs. The name calling response is, however, and they are very immature, to say the least.

For those who have never been in a comparable situation, the young men took the plea to avoid the possibility of a felony conviction which would have life-long negative implications. Justice is not blind nor is it fair and, based on my experience with the court system (as a victim advocate), it would have been foolish for them to take the risk of a conviction. They took the caning rather than risk being shot a dawn.

This appears to be a situation where the D.A. chose to apply the letter of the law rather than the spirit. That is to say, the spirit of the law as enacted was to protect the people and their property, both public and private. The owners of the property which was trespassed have said they have no interest in prosecuting so in a sense there is the "no harm, no foul" feeling many of us are experiencing. However, since they did knowingly cross a barrier without permission, under the letter of the law, they would be quilty.

I hope future posts will be made with the respect and attention these gentleman deserve.

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the_Lizard 8 years, 3 months ago

gee, matilda, are you racist? why can't people of color, who ski be wealthy and tip well to boot? hmmm and then to top it off you inadvertantly insert NBA rather than NBS, clever!

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matilda 8 years, 3 months ago

I am a middle class black woman who goes to Rainbow Gatherings sometimes.... A.-Jelly, Did you mean to say RUMORS instead of REPORTS. Not many, if any NBS people will be coming to Steamboat.

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wirehead 8 years, 3 months ago

I feel much safer knowing that steamboat springs prosecutes dumpster divers. What do they do with urban outdoorsmen? Free room and board?

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JazzSlave 8 years, 3 months ago

matilda

Is English your second language? Your posts don't make a great deal of sense.

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matilda 8 years, 3 months ago

Jazzslave: English is my second language. What do you not understand? Seems clear to me.

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JazzSlave 8 years, 3 months ago

[Part 1 this forum enforces brevity & limits the length of any single post]

matilda:

Very well, then - let's take you at your word. You appear to take issue with my ridiculing of cbenge's call for a boycott of Steamboat Springs. Fine.

If, however, you and cbenge are going to remain true to that conviction, there are very few places in the free world either of you will ever be able to visit, given your call to boycott jurisdictions which have elected over-reaching public officials (Assistant District Attorney Kerry St. James, incidentally, was NOT elected. He was appointed by District Attorney Bonnie Roesink [a Democrat, for what it's worth], who WAS elected).

Let us assume, for the sake of discussion, that you are posting from outside the United States. America's electorate has elected no less than two presidents who have committed impeachable offenses while in office. Will you and cbenge call for a boycott of travel to the United States? If not, why not?

The American state of Massachusetts' senior senator is demonstrably responsible for the death of an innocent young woman. Will you and cbenge call for a boycott of that state? If not, why not?

Hitler and Mussolini were each elected by their respective constituencies. Will you call for a boycott of Germany and Italy? If not, why not?

Were I sufficiently motivated, I'm sure I could google up dozens if not hundreds of examples of self-important and over-zealous public officials, all over the world, who are presently doing their Little Napoleon dance. Fortunately, Mr. St. James' peccadillo has captured the attention of people beyond our very small pond, and he has made himself a national (and perhaps international) laughingstock as a result and that's a good thing.

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JazzSlave 8 years, 3 months ago

[Part 2]

If self-righteous puritans like you and cbenge feel it necessary to penalize an entire community -by staying away - because of one bad apple, MORE POWER TO YOU. Stay away! Please!! We (the adults) will clean up the mess, and you and cbenge can indulge your infantile whining to your heart's content.

Grownups, on the other hand, will see the situation for what it is: a smug, vain, ADA who choked on his own sanctimony and transformed himself into the Village Idiot. Those same grownups will continue to visit Steamboat Springs. We who call Steamboat home will continue to make new friends of those grownups, and laugh together at the bumblings of our resident Inspector Clouseau. And, we will consider ourselves fortunate that tools like you and cbenge chose not to crash our party.

Finally, you write:

"Jazzslave must be well off $$ wise, no concern for the economy of their town. Sits around smoking "COHIBAS" drinking Dewers [sic] and tending to the crops."

I'm not sure what you mean by "tending to the crops."

As for the rest, you apparently believe that only the wealthy could possibly be in a position to enjoy a good cigar & a glass of scotch. It is inconceivable to you that the Great Unwashed could ever do anything beyond guzzle Budweiser and chew Copenhagen.

Have you always been this arrogant and holier-than-thou, or is this something new?

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1FRANKENSTEIN 8 years, 3 months ago

to go to Steamboat springs is too, too dangerous. until this is resolved any small infraction of the law in that town can result in......who wants to fight a felony charge over littering, taking a newspaper from the trash, etc......

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JazzSlave 8 years, 3 months ago

Goodness. Not only is it "too dangerous," it's "too TOO dangerous." Wow - two toos. Run for your lives!!

Keep it coming, Frank - you're too, TOO funny!

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angelina_jelly 8 years, 3 months ago

oh my gaw..Jazz Slave is ON FIRE! keep it rolling. I love it.

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matilda 8 years, 3 months ago

Jazzman : It's something new for me....how am i doing?

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angelina_jelly 8 years, 3 months ago

Not too good 'Tilda.

I smell something burning... And it is not Cuban.

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matilda 8 years, 3 months ago

Really Jazz, you are right, a whole town shouldn't be punished for one mans? actions. But that man happens to be in a very powerfull position and seems to be abusing it. Don't think i'm not sympathetic, i used to live in Cincinnati, Ohio and before that Chile.

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1FRANKENSTEIN 8 years, 3 months ago

EXCUSE THE PUN, BUTT WHEN FRANKENSTEIN SHOWED UP IT TOOK THE WHOLE DARN TOWN TO RUN HIM OUT. WELL I THINK "he's back" now WHAT ARE YOU'S ALL GOING TO DO ABOUT HIM? well, welll............

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jdtwl 8 years, 3 months ago

Generally. when something is placed in the trash by the owner, that owner is giving up all rights of ownership to that item. He is saying , "I do not want this item anyone may have it.

The boys did enter the owners land without permission, but six (6) monthes in jail for misdeaminor trespass is ludicrous.

I know that law school does not produce smarter folks. It does, however seem to produce a few idiots and petty tyrants.

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