10 Replies to “Ben Smith Sac County, Iowa Attorney Transitions to Pursuit and Deterrence of Darren M. Meade”

  1. Darren M. Mead says:

    Almost invariably, when Darren M. Meade, uncovers criminal wrong doing and disclose them to the full light of day for public scrutiny, Darren M. Meade, invariably makes new enemies. This is to be expected because these individuals are fueled by pride and rage. Hence, when he exposes them, they need to retaliate.

    https://twitter.com/darrenmeade
    https://www.linkedin.com/in/darrenmeade
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    https://www.quora.com/profile/Darren-M-Meade-1
    https://www.prlog.org/10121857-darren-meade-is-being-the-change-he-wants-to-see-in-the-world.html
    https://www.youtube.com/channel/UCuCZIPFDIgjCKnx1Rz-Ioug
    https://www.flickr.com/photos/darrenmeade
    https://plus.google.com/u/0/+DarrenMMeadeJournalist/posts/p/pub
    http://darrenmitchellmeade.org/Social+Stream
    http://www.slideshare.net/darrenmeade1/investigative-reporter-glenn-puit-confirms-the-systematic-smear-campaign-of-darren-m-meade
    http://beyondtheordinary.net/darrenmeade.shtml
    http://www.slideshare.net/darrenmeade1/dr-scott-connellyrecommendationletterfordarrenmmeadepdf
    https://darrenmmeade.quora.com/
    http://legacy.pitchengine.com/progenex/architect-of-the-metrx-brand-joins-progenex-as-interimchief-executive-officer
    http://www.slideshare.net/darrenmeade1/amended-motion-to-dismiss-42687910
    http://www.business2community.com/crisis-management/ripoff-report-5-reputation-management-steps-take-youre-targeted-01279045#Y7vJMZVo3OWoWevq.97
    https://vimeo.com/129171520

  2. Darren M. Meade says:

    “The criticism of public officials is at the heart of speech protected by the First Amendment.” 
    Williams v. City of Carl Junction, Missouri, 480 F.3d 871, 874 (8th Cir. 2007).   Defendant Ben Smith (“Smith”) is an elected official; Sac County Attorney for Sac County, Iowa.   Thus, criticism of Smith goes to the heart
    of speech protected by the First Amendment.

    Smithsuccessfully prosecuted Tracey Richter (“Richter”) in 2011, accusing her of killing Dustin Wehde (“Wehde”) over a decade prior. Numerous individuals criticized Smith for his handling of this controversial case. These individuals have a constitutional right to criticize Smith through opinions and truthful statement of fact. Much of the reporting was written by investigative reporter, Darren M. Meade (“Meade”) Never before had a journalist been charged in Iowa (or elsewhere) for merely reporting about his belief that a flawed criminal prosecution may have resulted in the incarceration of an innocent woman. Smith, punished his critic (Meade) with vindictive prosecution, Smith placed his own personal interest and the protection of his own reputation above the interests of the State of Iowa and its citizens. Smith prosecuted Meade not to punish or deter crime but to silence an individual who has vocally and publically criticized not only Smith’s performance as prosecutor but also his ethics Rather than take the criticism in stride and as the price of being a public official (as he is constitutionally required to do), Smith decided to bring to bear his power as a prosecutor and the considerable resources if the State of Iowa to unconstitutionally silence  criticism against him. Smith, had been directly criticized by Meade for what Meade believes were instances of prosecutorial misconduct in the way Smith handled the Richter investigation and prosecution and accusing Smith of prosecutorial misconduct in this case, including the belief that Smith failed to investigate viable suspects – namely
    Richter’s now ex-husband Michael Roberts —and that Smith knowingly suborned perjury from some of the state’s witnesses. Smith has indicated in media statements how much Meade’s articles and accusations have hurt him personally, going so far as to say that Meade’s criticism of him “irritated him” and “sucked” that he would “not legitimate the nonsense” by discussing it and that they “attack me and the agents.” (www.youtube.com/watch?v=HhtbM1M5Rdo Smith’s own words show the depths of his feelings about Meade and Meade’s criticisms: “It’s fair to say, you look at the internet, I’ve been lumped in with all these things … it sucks to see these things … it is just utter garbage, utter nonsense.” Id. He goes on to elaborate: [t]hey attack not the facts, but the people that are presenting the facts: ME; the agents; the Sheriff; the witnesses.” Id. Indeed, Smith testified that Meade
    and his criticisms are “annoying,” “flat-out annoying” and that he doesn’t “want to have to deal with somebody coming out of the woodwork every six months” because they are contacted by someone exploring Richter’s innocence. Notice how when listing the people being allegedly attacked by Meade’s
    criticism, Smith lists himself first. In his crusade to silence Meade’s criticism against him, Smith has: 
    Prosecutor Ben Smith, retaliated against Meade and criminally indicted Meade for engaging in constitutionally protected speech that was, among other things, critical of County Attorney Smith and his performance as prosecutor; Disclosed
    private and personal communications to third-parties, and confidential
    information to others, Smith did not require those individuals to enter into
    non-disclosure agreements; Disclosed
    bank account numbers, login ID’s and passwords, private financial records to
    the public in violation of law; Wrongfully
    instituted civil proceedings for the purpose of placing private records  in the public records; Issued
    over 100 criminal subpoenas as a part of his campaign of harassment; Testified
    he worked over 1,500 hours investigating Meade’s publications and articles
    critical of County Attorney Smith and critical of the veracity and backgrounds
    of some of the State witnesses;  Wrote
    a 119-page, singled-space affidavit in support of an application to obtain a
    search warrant, relying on avowed enemies of Meade for substantial portions of
    its contents and filed the application as a public record rather than sealing
    it as is his usual practice; Falsely
    indicted Meade knowing the State of Iowa did not have territorial jurisdiction
    for alleged offenses that occurred wholly in California.

     

    https://twitter.com/darrenmeade

     

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    https://darrenmmeade.quora.com/It-is-our-light-not-our-darkness-that-most-frightens-us

     

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    https://www.prlog.org/10121857-darren-meade-is-being-the-change-he-wants-to-see-in-the-world.html

     

    https://www.youtube.com/channel/UCuCZIPFDIgjCKnx1Rz-Ioug

     

    https://www.flickr.com/photos/darrenmeade

    https://plus.google.com/u/0/+DarrenMMeadeJournalist/posts/p/pub

    http://darrenmitchellmeade.org/Social+Stream

    http://www.slideshare.net/darrenmeade1/investigative-reporter-glenn-puit-confirms-the-systematic-smear-campaign-of-darren-m-meade

    http://beyondtheordinary.net/darrenmeade.shtml

    http://www.slideshare.net/darrenmeade1/dr-scott-connellyrecommendationletterfordarrenmmeadepdf

    https://darrenmmeade.quora.com/

    http://legacy.pitchengine.com/progenex/architect-of-the-metrx-brand-joins-progenex-as-interimchief-executive-officer

    https://youtu.be/s6c9EMwAbwY

    https://youtu.be/p_FyUUmYOnA

    http://www.slideshare.net/darrenmeade1/amended-motion-to-dismiss-42687910

    Smith, engaged in this wrongful conduct and prosecutorial vindictiveness with his powers of a prosecutor to retaliate against Meade because he did what the law plainly allows him to do – complain of potential prosecutorial misconduct and questionable witness testimony is a due process violation of the most basic sort. U.S. v. Goodwin, 457 U.S. 368, 372 (1982); see also Bordenkircher v. Hayes, 434 U.S. 357,363 (1978).

     A bad faith or vindictive prosecution is generally defined as having been brought without a reasonable expectation of obtaining a valid conviction; however, bad faith and harassing prosecution also
    encompass those prosecutions that are intended to retaliate for or discourage
    the exercise of constitutional rights. PHE, Inc v. U.S. Dept. of Justice, 743 F.Supp.15 (D.C.D.C. 1990). Although
    prosecutorial discretion is broad, it is not unfettered. Selectively in the enforcement of criminal laws or prosecution in retaliation for the exercise of constitutional rights is subject to constitutional constraints. U.S. v. Batchelder, 442 U.S. 114, 125 (1979). The First Amendment to the United States Constitution guarantees the
    right of the people to “petition the government for redress of grievances.” U.S. Const., Amendment 1. 

    County
    Attorney Smith, it seems, has taken umbrage with Meade’s depictions of his
    handling of the Richter investigation and prosecution and has brought to bear
    his resources and power as the County Attorney to retaliate against Meade for
    such depictions. The due process clause of the Fourth Amendment, however,
    prohibits Smith from punishing Meade in retaliation for Meade’s decision to
    investigate and publish critical comments on Smith’s conduct as Sac County
    Attorney. Blackedge v. Perry, 417
    U.S. 21 (1974).  Smith personally investigated Meade and
    others. Among other things, he (a) issued more than a hundred subpoenas and, as
    a result, obtained email messages, detailed financial information, medical
    records of Meade, (b) wrote and then filed an unsealed 123 page Search Warrant
    Application and lengthy supporting affidavit as unsealed documents to the
    public, (c) shared privileged information from communications with individuals
    who are adverse to Meade and (d) shared banking information and passwords with
    individuals who are adverse to Meade and (e) obtained no written non-disclosure
    assurances from any individual before disclosing privileged
    and/or confidential information. Smith commenced a prosecution of Meade in the Iowa District Court for Sac County. ATrial Information filed September 2, 2014, alleged one count of ongoing criminal conduct, eight counts of witness tampering and one count of obstructing prosecution. Smith acknowledged in a public filing he offered absolute immunity
    to Meade in exchange for testimony against one of the publishers of Meade’s articles, Xcentric Ventures. Meade refused his offer and on May 27, 2015, Smith filed a motion to dismiss the criminal charges against Meade with prejudice without any conditions. See https://vimeo.com/129171520  The loss of First Amendment freedoms, for even minimal periods of time,
    unquestionably constitutes irreparable injury. Lowry ex rel. Crow v. Watson Chapel Sch. Dist., 540 F.3d 752, 762
    (8th Cir. 2008) (quoting Elrod v. Burns, 427 U.S. 347, 373 (1976)  (plurality)).

  3. Darren M. Meade says:

    June 1, 2015.  Sac County Attorney Ben Smith dismissed all charges against Investigative reporter, Darren Meade on May 27, 2015, with prejudice.  That means that Smith stopped prosecuting Meade for the things Meade reported on the Tracey Richter trial, and Smith cannot change his mind again and re-file the charges.  It is not immediately clear what impact this will have on chilling speech of other reporters. Here is a the hearing where Ben Smith surrenders.
    https://youtu.be/98WnZysDT9o

    https://twitter.com/darrenmeade

     

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    https://plus.google.com/u/0/+DarrenMMeadeJournalist/posts/p/pub

    http://darrenmitchellmeade.org/Social+Stream

    http://www.slideshare.net/darrenmeade1/investigative-reporter-glenn-puit-confirms-the-systematic-smear-campaign-of-darren-m-meade

    http://beyondtheordinary.net/darrenmeade.shtml

    http://www.slideshare.net/darrenmeade1/dr-scott-connellyrecommendationletterfordarrenmmeadepdf

    https://darrenmmeade.quora.com/

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    https://youtu.be/s6c9EMwAbwY

    https://youtu.be/p_FyUUmYOnA

    http://www.slideshare.net/darrenmeade1/amended-motion-to-dismiss-42687910

    http://www.business2community.com/crisis-management/ripoff-report-5-reputation-management-steps-take-youre-targeted-01279045#Y7vJMZVo3OWoWevq.97

    https://vimeo.com/129171520

  4. Darren M. Mead says:

    When we deal with the powerful, we have to take a stand. I will continue to advocate with fact based journalism without fear or favor.

    https://twitter.com/darrenmeade

    https://www.linkedin.com/in/darrenmeade

    http://darrenmitchellmeade.org

    https://www.facebook.com/darren.meade1

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    https://www.quora.com/profile/Darren-M-Meade-1

    https://www.prlog.org/10121857-darren-meade-is-being-the-change-he-wants-to-see-in-the-world.html

    https://www.youtube.com/channel/UCuCZIPFDIgjCKnx1Rz-Ioug

    https://www.flickr.com/photos/darrenmeade

    https://plus.google.com/u/0/+DarrenMMeadeJournalist/posts/p/pub

    http://darrenmitchellmeade.org/Social+Stream

    http://www.slideshare.net/darrenmeade1/investigative-reporter-glenn-puit-confirms-the-systematic-smear-campaign-of-darren-m-meade

    http://beyondtheordinary.net/darrenmeade.shtml

    http://www.slideshare.net/darrenmeade1/dr-scott-connellyrecommendationletterfordarrenmmeadepdf

    https://darrenmmeade.quora.com/

    http://legacy.pitchengine.com/progenex/architect-of-the-metrx-brand-joins-progenex-as-interimchief-executive-officer

    http://www.slideshare.net/darrenmeade1/amended-motion-to-dismiss-42687910

    http://www.business2community.com/crisis-management/ripoff-report-5-reputation-management-steps-take-youre-targeted-01279045#Y7vJMZVo3OWoWevq.97

    https://vimeo.com/129171520

  5. Darren M. Meade says:

    When we deal with the powerful, we have to take a stand. I will continue to advocate with fact based journalism without fear or favor.

  6. Darren M. Meade says:

    NEWS ANALYSIS AND OPINION
     
    To silence my advocacy work, and reporting, Ben Smith, filed a Criminal Warrant against me.  I potentially faces 25 Years in Prison due to my criticism on what I believe was the Prosecutorial Misconduct in the Tracey Richter murder trial.

    Ben Smith and others working may have committed spoliation of evidence by deleting documents (police reports, depositions, video's, audio recording and more,  from SCRIBD, Drop Box, You Tube, and many other websites and platforms.

    They threatened several reporters and publishers with criminal charges. In recent weeks, Ripoff Report, deleted, video's, audio recordings and documents from their website. While, I do not agree with Ripoff Report's decision, I understand.

    Free Speech sounds like a good idea until you are faced with criminal charges and the loss of all income (ROR is estimated to make $35 MM per year) and it appears they wanted to safe guard their kingdom versus fight for the rights of Free Speech.
     
    Help Fund Independent Reporter Darren Mitchell Meade's Legal Defense.
     
    Meade is a freelancer and has no news organization to rely on for support or to help pay his legal bills. His case is expected to drag on for many months. And faces 25 years in prison for his advocacy investigative reporting.
     
    We do know, however, that prosecutor Ben Smith, has a notoriously close relationship with the Michael Roberts and his star witness in the murder trial— was his, now, mother in law, Mary Higgins. Smith, has moved aggressively censor and criminalize journalism in support of Tracey Richter.
     
    When we deal with the powerful, we have to take a stand.
     
    I will continue to advocate open-minded, fact-based journalism without fear or favor.
     
    To watch Sac County Iowa Prosecutor Ben Smith commit perjury twice in a single hearing,  please,  watch Part 1 & 2.

    PART 2

  7. Darren M. Meade says:

    APALLING: Benjamin John Smith, Iowa Prosecutor, Has Financial Toes to Michael Roberts of Rexxfield, According to Recently Filed Court Documents. See more here –
    http://www.slideshare.net/darrenmeade1/brief-in-support-of-motion-to-disqualify-meade

  8. Internet Attorney says:

    How can you face 25 years in prison when you have not committed a crime?  You are merely an investigative reporter who has written about your research of a murder case.  The core of your issue is a vendetta against one of the platforms you write on which is Ripoff Report, Ben Smith and Bennet Kelley both want to put an end to ROR.  It's not of public interest to prosecute you, or to spend public funds in Iowa to do so., this is a personal matter.  Bennet Kelley helped Ben Smith write the indictment on you and is orchestrating this entire laughable prosecution on you by using public attorneys, he is good at lying and maliciousness.  This is a breach of your constitutional rights to speech, you should seek the support of the state attorney general of Iowa.  This is a slap suit to silence a critic and it won't work, Ben Smith is getting used by Bennet Kelley, he is good at using public offices to harm.  He has done a similar thing to a woman in California and is being laughed out of his puny law practice in santa monica.   Bennet Kelley has had Ben Smith on his web based radio show and forged a "relationship" with him. Ben Smith looks up to Bennet Kelley as some sort of iconic attorney which he is not.   Ben Smith practices in a shit-hole cow poke town of 4,000, no other town of substantial size would put up with his crap and Bennet Kelley steering the ship from California.  

  9. Darren M. Meade says:

    Part 2

    It’s clear how Michael Roberts’s & Ben Smith's faux career at wrongfully convictins Tracey Richter is going to end :: fucking disastrously … and with no possible excuses.

    “But how did his career begin?” … asks a giraffe standing on a turtle.

    Well :: inquisitive giraffe with extraordinary balance :: it began with Michael Roberts standing in the middle of Dustin Wehde's blood at a murder scene to which Michael

    It’s hard to run a day-care for failed Attorney Ben Smith{says Michael Roberts} :: he needs such frequent diaper changes … what with all the bullshit leaking out his holes.

    I AM A REPORTER THE ONE WHO MICHAEL ROBERTS PLOTTED TO KILL AND THE ONE BEN SMITH CLAMS IS UNDER CRIMINAL INVESTIGATION.

    http://www.ripoffreport.com/r/michael-roberts-rexxfield-sac-county-iowa-prosecutor-ben-smith-ripoff-report-reward-Offered-survey-y-1107324

  10. Darren M. Meade says:

    To silence my reporting, Ben Smith, filed a Criminal Warrant against me and I potentially faces 25 Years in Prison.

    I will continue to practice open-minded, fact-based journalism without fear or favor.

    Please help me continue to always do the right thing, EVEN when the right thing – is the HARD thing. Consider, donating to my legal fund.
     
    https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=PV86ATF97W698

    On today's political landscape, we see hatred turned into a political force all around us; the politics of non-violence turns love into a political force.

    The question for any conscious human being, much less spiritual seeker, is, "How can I help do that?" Only the power in our hearts will be able to eradicate the idea of prosecutorial misconduct, mass incarceration, child poverty and no kill animal shelters from the experience of the human race.

    I believe that many of you understand that the moral arc of the universe is long, but it bends toward justice. That we cannot be full evolved human beings until we care about human rights and basic dignity.

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