To: Shaun Hall, Investigative Reporter, Grants Pass Daily Courier (firstname.lastname@example.org)
Bob Rodriques, Editor, ILLINOIS VALLEY& NEWS (email@example.com)
Peter D. Sparacino - editor/publisher, BEHIND THE SCENES IN JOCO(firstname.lastname@example.org),(http://www.budget.net/~primrose/catalog2.htm
John Taft Investigative Reporter, Oregon Observer,(email@example.com), (http://www.strobezone.homestead.com/ )
Paul Walters, Publisher, (firstname.lastname@example.org), (http://email@example.com)
As responsible journalists, I am sure that full understanding comes only when one is armed with all of the facts. Here then, is; "THE REST OF THE STORY."
The following article was written by me, Raymond Ronald Karczewski, for the Internet and was sent to the many supporters throughout our nation and abroad who have contacted Anita and myself regarding this heretofore media blackout on the reporting of this Rights v. Privileges issue and my 33-day Hunger Strike in protest of the False Arrest and False Imprisonment of this living, breathing, flesh-and-blood, natural person.
May I suggest that a followup investigation be made into the mental competency of a sitting Josephine County Circuit Court Judge who would act in such an incomprehensible manner as did Judge ALLAN H. COON in the issuance of a "Failure To Appear Warrant" with a set bail of $10,000.00 which resulted in the arrest of the individual who just moments before had spoken to the court directly challenging the court to prove its Jurisdiction over one who clearly proved that he was NOT the Defendant named on the complaint.
The issue:Will this sitting Josephine County Circuit Court Judge submit to the same mental evaluation he tried so hard to impose upon an innocent man whom he perceived to "think differently"?
Will this sitting Josephine County Circuit Court Judge submit to the same "mental evaluation" to establish his own competency to sit on the bench and render judgements upon those who appear before him expecting justice?
IT'S TIME TO RESCUE OUR CONSTITUTIONAL REPUBLIC FROM GOVERNMENT AND COURTS WHICH NO LONGER FOLLOW "THE LAW OF THE LAND."
YOUR OPINION COUNTS:
Phone Numbers to Call:
Josephine County Commissioners 541-474-5221
District Attorney; 541-474-5200
County Jail: 541-474-5140
Circuit Court: 541-476-2309
By Raymond R. Karczewski
On October 15th, 2002, after 33 days of a Hunger Strike protesting the injustice to one whose liberty and freedom was stripped away through the unlawful act of False Arrest and False Imprisonment at the hands of the Josephine County Oregon Sheriff's Office and Court System, I was released to come home.
The experience was a real eye-opener, especially for a retired Police Sergeant from a California Police Department now living in quiet retirement with his wife of 44 years in beautiful Southern Oregon.
Amid all that beautiful countryside setting, the taint of corruption that is man's law has left its indelible mark.
Black-robed hypocrites sit in judgment of their fellow man. Their smooth, unflappable conduct masks a dark attitude of being a law unto themselves. They exhibit no regard for the U.S. Constitution, the "Law of the Land," or for that matter, Common Law.
The charge of "Felony Eluding" an officer (the first arrest of my 65 year lifetime, which has now declared me a "Criminal") arose from a simple traffic stop for travelling in my private automobile with my headlight high beams on.
Deputy Burke of the Josephine County Sheriff's Office seemed intent
upon impounding my private automobile for:
1. Driving with suspended license (not true).
2. Driving while uninsured ( not true, proof of valid insurance was given to him).
3. The high beam violation (true but an inapplicable "infraction" when applied to a non-licensed traveller).
The police computer reflected an Oregon Department of Motor Vehicles fraudulent entry indicating my driving privileges were suspended.
This "color of law" bureaucratic deception is especially curious since no such driver's license existed. My previous contract with the State of Oregon for a driver's license was rescinded on my birthday on September 23, 1999. I have not had a license to drive since.
I refused to renew the contract. Instead, prior to the expiration of said license in 1999, I wrote the Governor's Office, Josephine County District Attorney, and Josephine County Sheriff Dave Daniel. I reasserted my Unalienable Right to Liberty which includes the Right to Travel in one's private automobile upon the public roadways for private, non-commercial purposes, without being subject to requirements of possessing a State Drivers License.
The source of the "Felony Eluding" charge which landed me in jail for a total of 35 days, arose from the simple question asked of Deputy Burke on four separate occasions at the scene of the traffic stop. WAS I UNDER ARREST?!! On each occasion he replied NO!
Deputy Burke's intent: to wait for the tow truck to arrive and impound my car, leaving me stranded after midnight, left to my own devices to return home to Cave Junction some 25 miles away from the scene of the traffic stop.
It wasn't going to happen. I told him if he was going to impound the auto, he would have to arrest me along with it. He said he was not going to arrest me.
On the fourth occasion when asked if I was under arrest and he replied that I was not, I told him I was leaving.
He said if I did so, he would charge me with Felony eluding and interference with an officer in the performance of his duties.
I told him to do what he was going to do and I will do what I will do. I got in the car, started the engine, and whisked myself away from the scene at a blinding crawl of 10 to 15 mph for a distance of approximately 150 yards. Some chase, some eluding, eh?
Can anybody spot an intent to commit a crime in such an innocuous action, or for that matter make a bona fide case establishing a *serious attempt* to elude an officer? After all, I was told four times by the officer that I was not under arrest. Was I not free to leave? The insanity of pyramiding unfounded charges and levying a felony charge upon another because a macho cop's feelings were hurt is laughable were it not for the seriousness of such charges.
Stay with me. It gets screwier as we enter into the Josephine County Oregon Court system. On September 12, the first of four arraignments (seven appearances in all), I appeared before Judge ALLAN H. COON of the circuit court for Josephine County. I opened my comments by stating I did not consent to doing business with the court, and that my appearance before the court was special and not voluntary. I reserved all of my rights at all times and waived none of my rights at any time.
I advised him that the name listed in all-capital-letters on the complaint was my common-law-copyrighted private property and through his bailiff, I served Judge ALLAN H. COON a Written Communication/Security Agreement (private contract) advising him that each unauthorized use of the name listed as defendant carried with it a fee of $500,000.00 for each and every unauthorized use. (I spoke to Judge Coon from the gallery -- I did not enter into the court's jurisdiction by stepping beyond the bar.)
After scanning the papers, Judge Coon became visibly upset. He said, if I was not the defendant listed on the complaint, he was going to issue a warrant for the defendant's *Failure to Appear* and set a bail of $10,000.00.
Judge Coon recessed the court and left. My wife, friends, members of the press and I gathered at the water fountain in the corridor of the courthouse.
Minutes later, Josephine County Sheriff's Deputies Justema and Malin walked directly toward our group, singled me out and Deputy Justema stated "Raymond Karczewski, we have a warrant for your arrest." I asked Justema to see the name on the complaint. He refused to show it to me. I was cuffed and led away to be incarcerated in the Josephine County Jail for the next 33 days, for FAILURE TO APPEAR in court, even though I was in fact speaking directly to Judge Coon in his court just minutes before the arrest. How's that for judicial razzle-dazzle?
Judge Coon's actions certainly call for an investigation into his questionable behavior on the bench. Is the life and liberty of any living, breathing, flesh-and-blood, sentient, natural person who appears before him such an insignificant detail that they can be incarcerated by the whims of a judge because he was merely challenged to prove his jurisdiction over them? Is that the act of a rational person, sitting on the bench, in judgment of his fellow man?
At two of my next three appearances before Judge Coon, he seemed focused and determined to have me evaluated for mental illness. He received no such help from the Mental Health Counselors I spoke with, for each of them have stated my responses were lucid, clear, intelligent and competent.
I would ask Judge Coon, based on his behavior in issuing a warrant for FAILURE TO APPEAR which resulted in my arrest after I had spoken to him just minutes before, if he, too, would be willing to submit to the same mental evaluation to determine his mental competency to sit on the bench in judgment of others.
Of the seven appearances before the court, two were called unexpectedly and were not published on the calendar, preventing my wife, friends, or press from attending. These two "secret" arraignments occured on September 16th with Judge Mackay presiding and on September 20th, with Judge Baker presiding. That was the beginning of the Josephine County Court's highly unorthodox practice of assigning future Court appearance dates.
On October 10th, for the third time I found myself before Judge ALLAN H. COON who was told by Assistant District Attorney, NEIL C. MOREY, the prosecutor, that neither the State nor the Jail was interested in keeping me in jail. That I had become a burden upon the jail and its operation. In actuality, they were concerned for the liability they faced by my extended HUNGER STRIKE. Josephine County already had one unexplained death of an inmate prior to my incarceration. I was offered a "conditional release" by Judge Coon. I refused, stating that I would accept only an unconditional release with all charges dropped or nothing at all. No future court appearance date was set at that hearing although it was suggested during the hearing that the trial could be scheduled as early as "next week." A subsequent newspaper article written by reporter Shaun Hall of the Grants Pass Courier and published on October 12th, indicated the next court date was set for a November 1, 2002 hearing to prepare for a 1-day trial on November 6, 2002.
On Monday morning, October 14th, at approximately 8:45 AM, I was contacted in my Video-surveilled Isolation cell in the Maximum Security Block of the County Jail (a block the prison inmates called "the hole") by Deputy Coney bearing a message from Judge COON which demanded an answer from me. The question was: would I be attending the trial which was being set for the following Wednesday, October 16th, or not. Otherwise my case could be tried in absentia. My reply to the deputy was to advise Judge COON that I wanted the matter to be brought before the Josephine County Grand Jury and that I be allowed to testify before them. That was my answer to Judge Coon. (I was not aware that the issue had already been brought before the Grand Jury earlier without my knowledge for I have refused to cooperate and/or accept any of the court's paperwork in this unlawful incarceration and prosecution.)
Perhaps an hour later on that same date of October 14th, a Monday, I was summoned to meet with Peter Smith of the Josephine County Public Defenders office who had been assigned by Judge Coon to represent me. He stated that the court date for the trial was moved up by Judge Coon to a day earlier, the following day, Tuesday October 15. Smith and I chatted for the first time about the case. At no time did I accept Mr Smith as an attorney to represent me in this matter.
On Tuesday, October 16th, my physical condition had deteriorated through the effects of the Hunger Strike, and I was escorted into court in the hands of two deputies. My balance was affected, and I was unsteady on my feet. I was brought to the counsel table and instructed to sit there by the deputies. I did.
Peter Smith of the Public Defenders office sat next to me. When court convened, Mr. Smith advised Judge Coon that I would be representing myself in the matter and then he sat down.
I read a statement before the court regarding the Jurisdiction issue and once again was curtailed by Judge Coon who would not hear all that I had to say.
I subsequently told Judge Coon that I was not prepared at that time to proceed in defending myself at a Jury Trial hurriedly set by the Court for that date, and asked for a postponement that I might seek other options such as other counsel to represent me.
Judge Coon set a November 12th date for the next hearing at which time a date would be set for a jury trial on November 16th. Judge Coon offered to release me on the condition that I obey ALL OREGON LAWS and appear before him on November 12th.
Judge Coon called a recess to allow me to confer with my wife Anita, who was suffering from Ill health and had received Emergency Room treatment just prior to my arrest on September 5th, 2002. It was after such conference with Anita that I decided to accept the release offer.
Judge Coon was returned to the bench shortly thereafter and ordered the conditional release. The ordeal was over, at least for the time being. I returned home with Anita. The 33-day Hunger Strike had ended.
Keep in mind now that this all occurred on Tuesday, October 15th. On October 25th I received an envelope from the Public Defenders Office postmarked the 24th of October. It contained a letter dated October 17th, 2002 (two days after my last appearance in court on Tuesday, October 15th) from the office of Public Defender Pete Smith, an attorney that I had never authorized to act in any way on my behalf.
The letter dated the 17th of October stated simply that the next proceedings in this matter had been set, not for November 12th as indicated by the court on the 15th of October, but for a "docket call" set for May 2nd, 2003 followed by a 12 person Jury Trial set for May, 6th, 2003 - some six-and-a-half months from now.
It must be noted that in the interim, culpable parties in the Court, District Attorney's Office and Sheriff's Office responsible for the unauthorized use of my common-law-copyrighted trade-name/trademark has all been served with Notice of Default and Invoiced for their counterfeiting of my private property, my name.
Keep watching, folks.
IT AIN'T OVER TILL IT'S OVER!!
In the meantime, watch your step the next time you find yourself entering into the Halls of Justice. You may be stepping into a Pit of Vipers!!!