Rose and Mark's Legal Defense Fund

$920 of $45,000 goal

Raised by 13 people in 2 months
Colorado Conservationist Faces Criminal Charges for Recreating on Public Lands in San Juan County, Utah

"In April 2017, Mark Franklin and his wife, conservation advocate Rose Chilcoat, were charged with multiple felonies and misdemeanors  after Franklin admitted he closed a gate on a livestock enclosure in southern Utah. Closure of the gate didn’t matter as a section of the fence was down allowing cattle access."  

Click here for detailed background and information on this nightmare saga . This is clearly a politically motivated, retaliatory, malicious prosecution.

Here are some links to media  about our case.

Here are the updates to our criminal case  and fundraising efforts from June 2017 to March 2018. Other updates can be read below.

Via Generosity.com/YouCaring.com and offline we raised more than $75,000 from 575 generous people in 12 months. We've spent more than $120,000 so far on our case. Generosity was acquired by YouCaring which was then acquired by GoFundMe so we have created newfundraisers to continue to raise funds as our case continues to drag along.

Our May 23-24, 2018 trial date was vacated when the Utah Court of Appeals issued an emergency stay pending their decision to review our case.  We have no trial date at this time. We are awaiting a response from the Court of Appeals regarding our Request for Interlocutory Review. Oral arguments are to be heard in Salt Lake City July 9th and then a decision made.

Your help with sharing our plight and with our criminal defense costs means everything. Thanks to all!
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Finally, the news we’ve been waiting for! Rose is free at last from this unfounded criminal prosecution. On Thursday afternoon the Utah Court of Appeals issued its decision ordering all charges against Rose be dropped. Woo Hoo!!

At last Monday’s hearing the judges were highly critical of San Juan County’s decision to move forward with charges against Rose and ordered the state (representing the case for the county as it went up on appeal) to explain why the charges should not be dismissed. The state chose not to oppose dismissal. This is fantastic news for Rose.

Mark is still in the crosshairs of the hate of San Juan County and will have to go to trial to clear his name. We will update you as his case moves forward.

We still have legal expenses as this nightmare continues. The support of so many is humbling and has kept us strong. Please continue to share our story with your networks.

Remember, this could happen to any of you who dare support conservation and recreate on your public lands in San Juan County, Utah.
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A good news/bad news day.

The good news is the Utah Court of Appeals accepted Rose’s request for review, but specific only to the question of whether there was enough evidence presented at the preliminary hearing to support taking her to trial. They are considering summary disposition (no additional review/oral arguments) and giving the parties until July 31 to file written response as to why they should not summarily reverse the denial of the motion to quash as it applies to Rose. This is an unusual response but one that is looking good for Rose.

On a sad note, the court denied Mark’s request to review whether the lower court erred in determining there was sufficient evidence to charge Mark. That means Mark will be going to trial even though there is no evidence he acted criminally. No date is set, but at least the trial will be in Price (Carbon County) instead of San Juan County.

Thanks for all the positive energy so many sent our way. We continue to believe that justice will be served and both our cases will be resolved in our favor.
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Our attorneys represented us well today in oral arguments before the Utah Court of Appeals. Now we await announcement of their decision by tomorrow morning.

For those who want more details you can listen to today's proceedings at this link https://www.utcourts.gov/opinions/streams/?court=coa

Keep the positive energy flowing! Thanks to all for your support through this ordeal.

Posted Sunday July 8, 2018

Tomorrow our attorneys will give oral arguments in front of the Utah Court of Appeals. This will aid the court’s decision regarding taking our case under review before trial. Send positive energy and thoughts our way.

There’re some great articles and information about our case in the most recent newsletter of Great Old Broads for Wilderness that can be found at https://www.greatoldbroads.org/wp-content/uploads/2018/06/2018-Summer-Broadsides-web.pdf

Posted Saturday, June 30, 2018

As Independence Day draws near we can’t help but reflect on our case and what it could mean to lose one’s ‘independence’ through malicious prosecution in our judicial system. May justice prevail for us.

We have some new interesting developments from the Utah Court of Appeals. They have asked for oral arguments from our attorneys to clarify some items in our Request for Review. This is good. We are off to Salt Lake City for a hearing on July 9th. Keep thinking positive thoughts for us and share our crowdfunding link. Thanks to all.

Posted Friday, June 15, 2018

http://www.boulderweekly.com/news/closed-gate-lawsuit-first-amendment/
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Raised by 13 people in 2 months
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