COMMONWEALTH OF MASSACHUSETTS
Berkshire:ss
Pittsfield District Court
Sitting @ Pittsfield
Docket# 0028cr0191
Commonwealth

Vs.

Linda Hamilton

MOTION FOR RELIEF FROM JUDGEMENT

Parties

  1. Linda Hamilton; P.O. Box 435, Shelburne Falls, MA 01370
  2. Robert Chesbro, Attorney; 552 Main St., Williamstown, MA 01267
  3. Greg Hession, Attorney; P.O. Box 1099, Belchertown, MA 01007
  4. Judge Michael Ripps; Sitting N. Berkshire Dist. Ct., N. Adams, MA
  5. Judge Alfred Barbalunga; Sitting Berkshire Dist. Ct., Pittsfield, MA
  6. Assistant District Attorney Kelly Mulcahy, N. Berkshire Dist. Ct., N. Adams, MA
  7. Former District Attorney Gerard Downing, Pittsfield, MA
Statement of Facts
  1. Pursuant to Rule 3 the defendant was denied her constitutional right to indictment or a show cause hearing.
  2. The defendant never waived the right to indictment or a show cause hearing.
  3. Judge Ripps, Attorney Chesbro, Attorney Hession and Judge Barbalungu, et. al did not advise the defendant of her right to indictment or a show cause hearing.

WHEREFORE the defendent requests that pursuant to Rule 60 (b) the guilty finding be vacated. If this motion is denied the defendant requests a statement of fact. The defendent reserves all her rights.

Respectfully Submitted
The Defendant
Linda Hammilton, pro. se.

[signature]

Dated December 14, 2003