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Jimmy Tebeau's Lawyer Moves to Dismiss Charges

Jimmy Tebeau-thumb-250x350.jpg
Jimmy Tebeau's lawyer wants the feds to dismiss the charges against him.
Attorneys for musician/concert impresario Jimmy Tebeau -- who currently faces felony charges alleging he ran a 350-acre campground in rural Missouri for the purpose of facilitating the sale of illegal drugs -- have filed a motion asking the judge to dismiss the case against him.

The motion was filed in federal court Monday. In it, attorney Gilbert Sison of Rosenblum, Schwartz, Rogers & Glass, outlines for the first time Tebeau's defense to the indictment against him.

Among the arguments made in the four-page motion:

* Prosecutors are seeking to convict Tebeau by arguing that attendees at the Schwagstock festivals, held on Tebeau's Camp Zoe property, sold, distributed and used illegal drugs on an "open and widespread basis." But while they claim Tebeau was aware of such activity, they don't allege that he was personally involved in any such transactions.

* And that could be a problem. Under the statutes used to charge Tebeau, which were originally intended to go after the owners of crackhouses, the government "must prove that Tebeau knowingly made his property (Camp Zoe) available for use for the purpose of unlawfully manufacturing, storing, distributing or using a controlled substance," Sison writes. And, as Sison writes, that means it is insufficient to show that the attendees had an illegal purpose -- Tebeau himself must be shown to have it. The government has failed to proffer any such evidence, Sison writes.

* Interpreting the statute in a way that holds Tebeau accountable for attendees' illegal purposes would be unconstitutionally vague -- a violation of the Fifth Amendment.

* It could also trigger First Amendment concerns. "If the Government's interpretation stands, the only sure way for concert and music promoters to avoid liability under the statute would be to not hold such concerts or music festivals at all," he writes. In fact, Tebeau stopped holding Schwagstock festivals after being slapped with the indictment: "This represents an impermissible infringment on Tebeau's First Amendment rights and the rights of others to hold similar types of music festivals or concerts."

Then-RFT staff writer Keegan Hamilton explored the concerns of other music promoters in light of Tebeau's legal troubles in a piece last year. His cover story about the case is also online here.

The feds originally moved to seize the Camp Zoe property, alleging rampant drug use gave them the right to take it via a process called asset forfeiture. It was only months later -- after facing criticism from civil libertarians that the asset forfeiture process was being abused -- that they obtained a federal indictment against him.

Tebeau's indictment recently drew coverage from the Wall Street Journal, which seemed to share the skepticism of those who've questioned the case. As the paper notes, "Under federal law, a property owner can face 20 years in prison if prosecutors can prove the owner knowingly allowed illegal drugs to be used or sold on his premises--even if he isn't directly involved. ...Defenders of Mr. Tebeau say his case is an example of government overreach, given the ubiquitous use of drugs at many music concerts."

We'll have more on this case as it develops, including federal prosecutors' response to Tebeau's motion to dismiss, so stay tuned.

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26 comments
Ginger
Ginger

How do you know the drug prices were "outrageous"? Buy alot of drugs, do ya? I bet everyone who is defending  him buys alot of drugs too...oh well,  Jimmy said he was guilty and is going to jail.  Guess you'll have to find somewhere else to get stupid, stupid. He's not a nice guy.Maybe you can move on, grow up, get clean, get a job and get a life. 

Greg
Greg

Jimmy plead guilty...who's dumb now.

Jafo1169
Jafo1169

 Got to love the justice system, and the US Government. We'll just keep looking for something to MAKE you guilty eventually. LOLOLOL 

Anne
Anne

Bottom line. Jimmy Tebeau is guilty. What was going on at Schwagstock was WRONG...PERIOD. He knew about it and allowed it to go on.... PERIOD. He deserves to go to prison.... PERIOD.

ONE LOVE
ONE LOVE

I doubt Jimmy is stupid. He knew the risks.  But im also sure he knew that those "risks" would be overwhelmed with positive vibes from the people. Not because of the "drugs", because he created a place where we could come and be free.  Last i checked being free isn't what the MAN has in mind.  Drugs was their excuse to raid us. There plan is to cut us off from having a place to go to that has no hate, disrespect, government, discrimination, segregation, ect... a place they cannot control. Where we were all looked at as an equal being and not a ssn.  They are not mad because the drugs, there mad because of the freedom he gave us.  the drug thing is a cover up, and makes no sense at all.  JIMMY TEBEAU GAVE US A PLACE TO COME TO FOR MUSIC, AND MINGLING, AND AMAZING LANDSCAPE. YOUR PROSECUTING HIM FOR BEING A GOOD PERSON, AND MAKING OTHERS HAPPY? DONT PROSECUTE HIM FOR OUR ACTIONS. IT WONT SOLVE ANYTHING..

Trixter Phillips
Trixter Phillips

Another example of the state and federal governments over stepping their bounds. Here is an article I published to my blog about this story, which is part of an over all larger issue the war on drugs and in particular cannabis (most of the research came from RFT, excellent jouranlism folks thank you!).  http://trixterphillips.wordpre... , also he is another article exploring another aspect of the failed policies of the drug war http://trixterphillips.wordpre... 

Donna
Donna

I have seen drug use at the Verizon Ampitheatre in St. Louis many times and I don't see the Feds taking that property. 

Apryl
Apryl

I'd like to know how this case would hold any water if we're not seeing the same treatment inflicted upon Ozzfest, All Good Music Fest, Bonnaroo - Where ten have DIED since it made the scene - Hangout, or any other gathering at which music is played and concert-goers are known to have partaken.  Shut them down, or shut nobody down.  In the case that such nightmarish Gestapo attacks are a reality, then we actually need to ask them why they're playing favorites, if the precedent they choose to set states that if any drug activity takes place on one's property, then the government can seize the whole shebang.  Naturally, NOBODY in their right mind wants that, but remember, why should it stop at concert venues?  People smoke plants in their homes.  It's a piece of property, right?  I'd say this is a case that both average citizens and venue owners should be very, VERY concerned about.

Echosniper1
Echosniper1

I was personally at Camp Zoe back to back for 2 concerts and i live in Ohio. Was the drive worth it... Hell Yes, would i do it again in an instant... Hell Yes!!! Schwagstock 42 was one of the funnest and most memorable times i've had in a long time, I didn't see any fights or people messed up from the so called "obvious" drug use to the point where it was a dangerous thing..... Here in ohio we have a concert much like schwag called "Hookahville" and they are still going harder and harder every year, yet no FEDS here.... Give the "Zoe Family" thier land back and worry about something more dangerous like terrorism or the unemployment rate. Good Luck Jimmy and I hope You win cause were bringin' all we can fit in a school bus to make it happen at the greatest place on earth.....SCHWAG ON!!!!!!

Hampersnation
Hampersnation

Your gifts bring the sudden happiness to your loved ones.Time may pass on, but your gifts will keep making them happy, even when thereis no specific reason. That’s the wonder touch gifts do give to life. Visit www.hampersnationwide.com/Germ... for more details.

LC
LC

Why did they not make a few undercover arrest inside the venue? Could it be because  they could not have built their 4 year case? Because the dealers would have left. Now all they have is one innocent guy and no dealers off the street. Do your taxes pay for Jimmy or the DEA to fight the war on drugs? I was always taught not to take the law into your own hands. Did they offer Jimmy witness protection or a reward for busting some dealers? Why did Jimmy not get a letter from the DEA giving him 45 days to close his business or suffer the consequences? They have been nice enough to do it with all the Medical Marijuana Dispensaries.  Only after all of them have invested huge money to open them and lots and lots of money in permits and taxes have been collected. At least the dispensaries can close shop, keep their money and sell their property and land.They also will not face 20 years in prison. And they were for sure without question breaking a Federal law! They were selling  drugs on their properties for that sole purpose . They were not offering camping or music! Denver has more dispensaries than they do Starbucks. I bet there are more drug deals in one day in Denver than Camp Zoe had in 5 festivals a year. They only reason that I can think of that they would want Jimmy instead of the dealers would be for they're job security. Jimmy's property gives them a paycheck and keeping the dealers ON the street gives them a secure job! They cannot make no money off a dealer only drugs so why would they want to bust them? Good Luck to the Tebeau family! I cannot imagine the stress you have had since this all happened. We are keeping are fingers crossed for a good outcome!

Greentreefunguy
Greentreefunguy

The United Stare's Attorney should be fired and his/her license to practice law revoked for this misconduct. Jimmy lives to be the entertainment and that applause. Not even the government can control drug use or sales. How can 1 person without police powers control drug use or sales.

Casey Govero
Casey Govero

I don't understand how the gov't expects Jimmy to withhold the law when they wouldn't take the time to enforce it themselves. They knew it was happening there, yet they never came in to enforce it. Instead they waited to build up evidence of it happening... From what I've read, never once did he tell police they could not come in and enforce the laws they are supposed to be there to protect. They denied his offer to come and help because they were scared the people there would riot against them...well guess what? You didn't enforce the laws, and now your blaming someone else because it happened on his property. Why would they do this you ask?? Simple....to take his money and land. 

Andy C
Andy C

I just want to go home!

kb
kb

We all wait patiently, in our family love we know and refer to as "Zoe Fam", as the wheels of justice slowly turn and as our hearts succumb to the powerful belief in Jimmy's freedom and the preservation of everything he has to offer in our unity of one love. Justice for us all lies on the glimmering horizon. We love you Jimmy and continue to stand by, and stand up for all the graces you have bestowed upon our family.

Anne is right
Anne is right

I agree with Anne.  He had it coming.  Frankly, I think they should be coming at him with more charges than they are.  What he carried on at Zoe is largely responsible for the rapid, dramatic, and continually increasing pollution of the local waterway and surrounding area.  If you think I'm making it up, I'm not.  The ecosystem there is in serious danger.  This "Zoe Fam" these people think they are a part of, were unworthy of the place, and now they've lost it.  Shocker.

Bree Sullins
Bree Sullins

Anne, my question is why cant people who dont like schwagstock, and couldnt care less about it.. just mind they're own business! Im sure there are many people out there doing worse things in this country, and your worried about Schwag! STUPID. Why dont you go "take action" on something actually harming you or other loved ones. Not something your not involved in! 

ihatesuburbs
ihatesuburbs

This is really what it comes down to, the local hillbilly fucktards that live around their love to hate on anyone from the big bad cities coming out to their meth head paradise to try to enjoy music in a natural setting. That is when they are not too busy fucking their sisters that is. Of course it is about the corrupt barney fife rural fucks wanting to steal his land, they want the dirty city hippies out so they can create some kind of bible study/chicken fucking camp for themselves to relax in when they are not busy trying to chase urban visitors out of the ozarks in the finest 'closing scene to easy rider' fashion. Fucking inbred cuntry fuckers. It's too bad, southern MO and the Ozarks are both really beautiful country, only problem is that is full of southern MO bible thumping rednecks.

Asciguy
Asciguy

It's all about the right palms getting greased, April. Money talks, schwag gets busted! If they had major corporate sponsors like Anheuser-Busch they are left alone.

Billly
Billly

This is a good point.  The selective enforcement against Tebeau is troubling. 

It's ok if you're a corporatist, but when the hippies start to join we have to crack down...

guest
guest

last I checked....if you see a law being broken and do nothing to stop it (government official or not) it was called being an accessory. Maybe the police who waited while these alleged acts were being commited (and that they claim they were fully aware of) should be indicted on those grounds. 

revolution calling
revolution calling

you and anne are both ignorant.  zoe was more complex than what youre all acting like, even the supporters.  there was a huge division between the campers.  early on in the weekend everything would be fine, but each night it would get worse.  youd have people that came for music and the community trying to sleep and these drug dealers going through their campsites screaming "WAKE THE F*#! UP" stealing their fire wood.some people cared about the place, the dealers just will move on to another festival and get it shut down, youre only going to punish the ones that were good people and werent just there to sell drugs and whatever else for outrageous prices.  jimmy is not what youre painting him as, you dont know him and what youre doing is dragging a good guys name through the mud. ill never find a place where i can find as many musicians to learn from and be inspired by.  if they take camp zoe i hope they take away something that inspires every one of you that are acting like hes charles manson.  and for the pollution, there were people there dedicated to trying to keep zoe "green".  when you get a gathering like that its hard to do, and considering that they did a great job.

Billly
Billly

Not true. A private citizen has no duty to enforce a law or stop a crime in progress.  You have to aid the violation to be an accessory.

Think of the alternative - where the government has forcibly deputized the citizenry and it is criminal merely to fail to act to stop other criminals.  Sounds more like East Germany than America to me.

guest
guest

you have to aid with your presense.  If your with someone who does something stupid, your to blame also.  it's dumb, and i dont make these "laws".

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