Bailey Stalking Order Upheld

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Editor’s Note: Scanned documents and audio files of the court hearings are at the bottom of the article

In the background of the racial equality protests and white supremacy counter protests taking place in Downtown Portland and throughout the rest of the country and world are other stories that normally would seem mundane and unrelated. On first blush, this would be one such case: two business owners feuding between each other, where one ends up going to court to help protect themselves. But as the story unfolds, pieces start to come together in surprising ways.

Sometime after the protests of August 15th and 22nd, where Patriot Prayer member Alan Swinney, Dixie Bailey and others held flag waves at the Justice Center and faced off against Black Lives Matter counter-protesters, events that police later admitted would have been considered a riot if they had had the manpower/willpower to intervene, Koya Kitchen owner Jo Milone discovered photos and posts made by Mt. Hood Cigar co-owner Dixie Bailey of her at the protest. According to court statements made by Ms. Milone, she used a local community chat group to express concern about a local resident, one with a history of shooting firearms on their own property and connections with organizations that have nationally been recognized as bastions of white supremacy and other right extremist rhetoric.

On August 23rd, Ms. Milone claimed in court that Ms. Bailey showed up at her home and pointed a gun at her, and later in the night driving by again with taunting behavior. Ms. Bailey admitted that she was there that day the first time, but denied pointing a gun or that it was a planned encounter, and that the second encounter never happened.

Almost a week later, Ms. Milone filed for and received a temporary stalking order preventing contact, with a follow up court hearing mid October. In the time since that, Alan Swinney, in an case that was only related to this because he and Ms. Bailey were at the same events as Ms. Milone shared concerns online about was charged with a slew of misdemeanors and felony charges. The indictment was handed down on September 11th and his arraignment was October 1st. At the time of writing, Mr. Swinney is still held in the Inverness facility awaiting bail.

A series of court hearings took place on October 21st, 22nd and 26th, where the cases were laid out, and last Thursday, Judge Silver finalized an order where he found the evidence supported Ms. Milone’s version of events over Ms. Bailey’s. The result of which is a permanent stalking order against Ms. Bailey which includes a prohibition on firearms.

When the news originally broke from community member Hoodland Hate Watch on Twitter, Ms. Bailey quickly took to Parler to claim that the order was falsified in an attempt to make Mr. Swinney homeless and her gunless. Without citing evidence of this belief, the best I’ve been able to make is that she may have confused Hoodland with Ms. Milone (something that I know is not true), and has also misjudged the timeline that the stalking order was originally signed weeks before Mr. Swinney was even charged with a crime.

Far from dissuading the threat to Ms. Milone, it appears such claims are emboldening her followers, with claims from others saying she needs to be sued for falsification of a police report (that to my knowledge was never entered into evidence), and another stating ‘maybe she needs something to really worry about’

As someone who is still new to the world of stalking orders, especially when the final order confirms that Ms. Bailey is no longer allowed to own guns or ammunition, what comes next is something of a mystery to me. I will be trying to work on sorting that out over the coming days, but in the meantime, here’s a huge dump of information for people who are interested.


Digital PDF Documents

Unfortunately, these are not transcribed for accessibility readers at this time. The first document is the original temporary stalking order from August, the second letter is from the judge last Thursday, and the third document is the final order in the stalking matter.


Audio Recordings of Court Proceedings

This court case has a -lot- of audio associated with it. Four records over three days, and about 9 hours worth of audio. As with other times, I have provided the original FTR format, as well as a more universal MP3 version

The company makes available a downloadable player, available here, as well as a web player available here. The uncertified, official records are available here:

Oct 21, 2020 AM Session

For The Record

Name: 20201021A FTR.zip
Size: 101129523 bytes (96 MiB)
CRC32: 1E100750
CRC64: 26FB78E24F1EE45C
SHA256: 4D4D7BAD739D9D21C3516AB67BDA0B9E81948EB6760F9755A0A32239C18B7254
SHA1: 75D82F8D407938C40449390C36D8986B38BBCE56
BLAKE2sp: 5ADF552F384B32CE150D9263EEA292B36C18D98D4C0BB8E926182577917BD530

MP3

Name: 20201021A.mp3
Size: 170885904 bytes (162 MiB)
CRC32: B5682545
CRC64: ED980F546418F8DB
SHA256: A08B8BFED051C7800ED1990F6A7D8F893FB1C6F7FB3E0BFDF53D1EEB79803A78
SHA1: B7301C6DD72CE10334DB9FC21317C2A0F83CF8D7
BLAKE2sp: 667A675C8FCD1391506F5CE84BEE4621A0AAF97B34305138E14B5E09CB1EF0B8

Oct 21, 2020 PM Session

For The Record

Name: 20201021B FTR.zip
Size: 107738659 bytes (102 MiB)
CRC32: D65864CC
CRC64: C6EBFC4ABCDCB6D2
SHA256: 33B6848F8F674AA307B3CE72954B761F28C6A2B32DBD09B987AB570FB6365534
SHA1: 79898ED967430B8EF5E50DAA640C1C7AaC7DA00D8
BLAKE2sp: 4EFA5984B78CEC3928D23F412C3439BE468E2BCBDDBD4AB82D9D33B17BFF5C7D

MP3

Name: 20201021B.mp3
Size: 182071344 bytes (173 MiB)
CRC32: DC397378
CRC64: 91EBF55A628C52A4
SHA256: 8C4E19217B80BA2667CA05FC135727FBF90907C7DE9FE334FDC6F33AA5BC9ABF
SHA1: 1807AB2685DE2085E10AD9585A454D516DD5B5B8
BLAKE2sp: E71F85E6D566D0A1E566DC8682E249B90937860D808439248B49156D0E14AF11

Oct 22, 2020 Closing Arguments

For The Record

Name: 20201022 FTR.zip
Size: 26998992 bytes (25 MiB)
CRC32: 97013B2B
CRC64: D91E80A1DBFFBC4F
SHA256: 94FEB824F2825EC0739CC9CB5FFA86A555EA29DABD9DBC0B0F0664507DA31F5E
SHA1: 2216D2A9099A826A10BDC7091DC7541CCCAB96E3
BLAKE2sp: 2097407C025C5D748083DF2B0119DE0E9A7176641362145BC96C502D62EA6378

MP3

Name: 20201022.mp3
Size: 46669584 bytes (44 MiB)
CRC32: 3D781955
CRC64: BE35729FD766D263
SHA256: C15F56AA76CBA52AA7D709A278406AD4C04F9A404DC6C8239D044C0FC5903470
SHA1: 1BDF6F95DF822E6C35DCC46FD94B9DE26652CCF5
BLAKE2sp: CBDD5CC75EEC951DAB936D34A48B8B2A0E8597369E5762C40005C00D0B00FCAB

October 26, 2020 Follow-up

For The Record

Name: 20201026 FTR.zip
Size: 24910605 bytes (23 MiB)
CRC32: 4BB9CCA1
CRC64: 93AC7B83AD49DBCA
SHA256: 2C83898A6A1D0306BDA39BB6CBCB0664C455E8B3088FAC8FCC517C96C3BF5187
SHA1: 532923066EB227008E598EB2DB188F736E8076AC
BLAKE2sp: C2DE9A3CF8C3244D682783AD445FAAA008ECF0EF3A8A9EA850022AB8CECF1F1D

MP3

Name: 20201026.mp3
Size: 42752784 bytes (40 MiB)
CRC32: 5DA125EC
CRC64: 1F95872EFB944CBE
SHA256: F2528D6077B8D7F770F4EB904FD9B7CADA689286B3F805A5B2663DB80EEA097E
SHA1: F45E8BC68E622BC72D3CB7478527FA7A4E160ED9
BLAKE2sp: 37B9B8D715DB5B283F39EA8684C5586FEBDE38161CA5A0651F43185838ED2443

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