the Gil Gilbertson Fan
Club Note: The author of this message requested that
it not be archived. This message will be removed from Groups in 6 days
(May 16, 3:08 pm). wrote:
Raymond Karczewski
(arkent3@earthlink.net) wrote:
tggfc >
:Raymond said she said:
tggfc >
> Kokomoj0 (a cowardly, anonymous sockpuppet) wrote:
k: > Hi
Ray how the hell ya doing?
tggfc
> He isn't BOYCOTT, BOYCOTT, BOYCOTTING his government
handout, but what else is to be expected from a hypocrite who preaches
to do as he says, not as he does?
rk: NOTE:
For those of you who do not know, Gil Gilbertson is the Sheriff of
Josephine County Oregon. His policies are the focus of my expose
of Piracy being committed on the Oregon Highways by Corporate
agent/deputies under the Satanic rule of "Color of Law."
rk: This cowardly
individual is merely one of the Government/media disinformation agents
who stalk my writing on the Internet wherever it appears.
rk: However his
accusation that I receive "handouts" from the Government does require a
reply.
rk: I RECEIVE NO
HANDOUTS from anyone. Such monies go to the trademark/tradename
JURISTIC PERSON, not to this Living, Breathing, Flesh-and-Blood,
Sentient, Natural Man.
rk: Since I
changed my status from a 14th Amendment slave/citizen, and resumed my
natural state as a man of the Sovereign People, under the DeJure
Constitution of 1789, in addition to being the Secured Party, Creditor,
and Holder in Due Course, with Supreme Claim over the Debtor/Juristic
Person/Trademark/tradename, RAYMOND RONALD KARCZEWSKI© spelled in
all UPPER CASE LETTERS , all assets and debts of the JURISTIC PERSON no
longer go the goverment, but come to me, Raymond Ronald
Karczewski© .
rk: These
anonymous government/media mind controllers jerk you, the
public, around with such nonsense as contained in tggfc's above
statements attempting to keep you dumbed down, and under
control.
rk: So far, they
have managed to do so. You are all still floundering around,
getter more and more frustrated and angry with every added INSULT TO
YOUR INTELLIGENCE, by your Satanic Leaders.
rk: When the HELL
ARE YOU GOING TO WAKE UP and act like the Sovereign Men and Women you
are, instead of HYPNOTIZED MUNCHKINS who continue to fear the Illusions
of "THE GREAT OZ!!!"
rk: As for me, I
have always been guided in this lifetime and have been provided for,
along with my family, by God, who indeed operates in "mysterious" ways.
rk: I have given
you the key to freedom, to unlock your chains of slavery, and
like fools, you throw it away preferring instead, the security of your
chains. How dumb is that?
Raymond Ronald Karczewski© -- A Living Christ.
*********************************************
"No other man but I in
the recorded History of
mankind, including
JESUS CHRIST, has directly
revealed to the World
the SATANIC WEAPON used to
enslave mankind --
INTELLECTUAL THOUGHT!!"
Raymond Ronald Karczewski© http://www.arkenterprises.com
Kokomoj0 wrote:
Raymond Karczewski (arkent3@earthlink.net) wrote:
rk; KokomojO, It appears that you and I are in sync. Quite a journey from our original shaky relationship. Ray
rk: >> Quote
"The problem exists when the state and federal government overstep their limited sovereignty and turn upon their Masters, the Sovereign People. That is what is going on in America today"
k: > I completely disagree with the creation being greator than the creator.
k: > I do not have a problem with the creator of the sovereign oregon corporation being greater than or equal to the sovereign montana corporation.
k: > I take great issue with the oregon corporation claiming superiority of their creator, the sovereign people of oregon. Of course that applies for any state of the union as well.
rk: >> Quote
rk: It has no force of law behind it, unless you consent to accepting the ticket. You have been following my story for some time. All actions by the state of Oregon and county of Josephine come to an end when I send the tickets back to them with a chargeback, monetized at $2,000.000.00 if they default on answering the questions of Jurisdiction. Aside from the original time spent in jail while awaiting trial, they refused to follow up with arrests for my continued Travelling in my Automobile. What they do do, however is commit an act of Piracy under force of the gun and "Color of Law", and steal my automobile (impound it) But they NEVER come after me, because if they do, they face the question of JURISDICTION they can not answer, they will not answer. That is why the STATE OF OREGON, and COUNTY OF JOSEPHINE is on the hook for $40,000,000.00 Plus in Commercial Defaults, by my using their own law against them.
k: > Well it has coercive force of code, aka roman/civil law. As you seen they took your property by force. Was it within their jurisdction to do so once you decreed that you are sovereign? No.
k: > Did you take them to task and hold your court of a common law tribunal with you as the sovereign plaintiff presiding for trespass and asumptit?
k: > Well one point you must keep in mind and that is that you must be reasonable if you ever expect to be paid. I would drop that number to a reasonable fine and file a complaint and sue them for it under the constitution with your right to a common law jury trial. Dont lose your court thought because they will try to take if from you and claim jurisdiction.
rk: >> Quote
rk: But I have not joined the corporation. I am a Free, Sovereign Man of the People, not a subject of the corporation. That is the leverage I have over the STATE OF OREGON and COUNTY OF JOSEPHINE. It is the leverage that every man has who choses to WAKE UP from their Satanic mind-controlled induced hypnotic trance.
k: > Right. Legitimate governance gets its authority from the consent of the governed.
k: > Well people are simply unaware as it has not been taught and real liberty, well people never experienced it and have no clue how much power they really wield. Its literally like walking around through life with a loaded howitzer pointed right at anything that would infringe on your liberty. (including the legislature, municipalities, and even the supreme court if we want to split hairs)
k: > Combine that they will take one person and make an example out of them put it all over the news, look at the montana freemen for instance. They did not do it right because they did not know how because the information is so hard to obtain. Of course today just download all those old pre1900 law books off of google and other sources and its all in there how to do it right!
Devvy Kidd wrote:
Larry Becraft wrote:
Raymond Karczewski (arkent3@earthlink.net) wrote:
rk: NOTE: It appears the American People are making progress in realizing they have been had by their courts, politicians, and bankers. The recovery efforts of their lost sovereignty is growing exponentially with each passing day. Enough so that they have called out their spin doctors, their apologists to divert public awareness back into the fold of "herd thinkers", KokomoJO, it appears you and I have stepped onto a few toes with our dialogue on BOYCOTT and SELF-DEFENSE.
dk: > What I read below is the same nonsense that continues to confuse and get people in trouble.
rk: In your opinion.
dk: > 1. These united States of America is not a corporation as claimed below by Mr. Karczewski
rk: The proof that it is, is overwhelming. Why not back your soundbyte opinion up with facts, without referral to Attorney Becraft to back you up. Speak for yourself, Ms Kidd.
dk: > 2. By openly sending all those email addresses, it exposes all of them to viruses and invites unwanted mail in return. Can you please use BCC? This protects the privacy of your list so the loons out there don't put our email address on their mailing lists.
rk: What has such personal opinion of Internet protocol have to do with the issue of Corporation, other than to misdirect public attention of extreme importance onto irreleveant, emotional, reactionary tangents?
dk: > Here is the legal truth about the corporation myth, and by the way,
rk: There is no such thing as "legal truth". Legal and Truth are antithetical to each other. Legal is illusion. Legal is fiction. Legal are dead words written by dead people to rule over the "Living Dead.". Truth is the living essence of "What Is." Why play with words?
dk: > I would encourage people to go read Destroyed Arguments. Larry Becraft is a constitutional attorney with more than 30 years experience, mostly in the federal courts.
rk: God save us from the lawyers. How do you think we got to the hellish world man lives in today?
dk: > He's also the most accurate researcher and he destroys these popular and idiotic "legal" theories out there like commercia l liens, strawman, etc. that do nothing but get people in serious legal trouble because they don't do the research themselves.
rk: My freedom today, sitting in my home, at my computer is NO THEORY. The Josephine Courts threatened me with 30 years in prison for filing UCC liens against the Judges, Prosecutor, and Sheriff of Josephine County Oregon. Having undergone two BOGUS trials, while standing Sui Juris, My JURISTIC PERSON/Trademark/tradename was convicted in both. I have stood under the protective shield of Truth against the unlawful, unconstitutional Administrative Courts of Contract in Josephine County Oregon, refused to accept their offer of sentencing until they show proof of JURISDICTION over this Living, Breathing, Flesh-and-Blood, Sentient, Natural Man as prescribed by their own law, (and they refused to do so) and instead of carrying out their bogus sentencing of Two Trials, they kicked me out of their Jail. I haven't seen the inside of County Jail or Prison cell walls since. That, Ms. Kidd is NOT THEORY. IT IS TRUTH! Such legal research as you promote above is Illusion, Satanic Illusion which bind and confuse people who subsequently give power of the people to their confusers. Is that not the nature of all coercive governments?
dk: >. That legal reality is found here:
dk: > http://home.hiwaay.net/~becraft/deadissues.htm
rk: Such "legal reality" is the Satanic confusion which has created Hell on Earth. That, Ms Kidd, is inarguable.
dk: > USA is a corporation nonsense:
dk: > http://www.newswithviews.com/Devvy/kidd274.htm
lb: >> From: Larry Becraft/February 13, 2007:
lb: >> "That article, ?The united states Of America is a corporation owned by foreign interests? is the worst
sort of BS I have seen this week.
rk: In your "personal" opinion and according to your "legal" conditioning, is it not?
lb: >> For example, it contends that Congress had no constitutional authority to create DC, ?With no constitutional authority to do so,? but Art. 1, §8, cl. 17 of the Constitution expressly authorizes it. It alleges, ?Congress cut a deal with the international banker (specifically Rothschilds of London) to incur a DEBT to said bankers,? but where is the proof beyond mere ?say-so? of the author? It asserts: ?The Act of 1871 formed a corporation called THE UNITED STATES. The corporation, OWNED by foreign interests, moved in and shoved the original Constitution into a dustbin.? * * * ?Congress formed a corporation known as THE UNITED STATES.? I attach the complete 1871 act itself. Does this act show what is alleged above? All this act did was establish a form of govt for DC, which incidentally ended 7 or 8 years later. In my view, Lisa Guliani of Babel Magazine is full of BS. I am particularly angry at the constant reference to 28 USC 3002 as the ?proof? of this argument. That section is merely a part of the Federal Debt Collection Procedures Act of 1990, 104 Stat. 4933. The first section of that act is codified at 28 USC 3001, which is posted here.
rk: Your statements above merely attest to the fact that if any man should follow the illusory "yellow brick road" of the Law of Mammon in its circuitous twists and turns until one exhausts themselves trying to find the truth behind millions of lawyer-twisted words, they are reduced to helpless and impotent Munchkins who have given up their God-Given ability to See the Truth and thus settle in for a life of slavery, where the confuser do their thinking for them. Hell, isn't it?,
lb: >> "Please read this section, then click the ?next? button on the bottom right corner of this page to read the next section, which is the section alleged to support this argument. There are lots of federal corporations, and this act applies to the debt collection activities of those corporations, among others. Wherever the act uses the term ?United States,? the definition in 3002 declares that it applies not only to the debt collection activities of the United States, but also the federal corporations. Of
this I am certain: there are many ?rumor creators? in this movement and you are ripe for the deception if you never do any research to confirm what is alleged."
rk: See what I mean about attorney-like misleading rigmarole?
lb: >> The United States is a corporation. Last week I received an e-mail so typical of the junk being hawked:
rk: Pretty much threatens your livelihood as a attorney if it catches on, does it not?
Attorney becraft quoting email.
lb: >> The British legal system of mixed common and Roman Law has been used to enslave us!!! Editor?s notes:
Apologies to the original author of this treatise. It came into my possession with author anonymous. "The UNITED STATES is a corporation, and Congress is a 'body politic' - both being Roman style incorporations (make-believe ships) under the original creation/ownership of the Pontifex Maximus (Pope) of the (still existent) Holy Roman Empire. All Roman Law documents (so-called constitutions; but, in fact, are 'ship's orders' of make-believe ships), when used as the guide to operate a country under Roman Law, always contain a "notwithstanding" clause (In the US Constitution, it is the 'general welfare' clause). This allows the "captain of the ship", the President, or a designated officer (judge or Cabinet member) leave to disregard any provision of such a constitution at his discretion. 'The CAPTAIN may deviate from ANY 'rules or regulations' when he DEEMS it necessary for the GOOD of the ship.' That is a basic maxim of the Law of the Sea, and totally within the 'common sense' realm of operating a ship relative to safety and profitability; however, it is devastating to the unalienable rights of an individual free will man or woman living upon the land.
lb: >> "Also, it has recently come to light that the court systems operate their admiralty type law within the confines of a 'contract' in all of the British, and former British Empire. The clerk of the court, the prosecuting attorneys, and the judges proffer the contract, and the defendant blindly and ignorantly accepts the offered contract by acquiescence and obedience to court orders and sentences. A defendant convicted and sentenced, even by a jury (in an admiralty/equity court) only need to inform the judge that he/she refuses the offered contract and/or sentence of the judge. As a contracting party, the defendant does not have to accept a contract by imposition against his/her free will. As has happened, when such a refusal of the contract is made, the judge will use legal trickery and bluster to attempt to get the defendant to accept another contract. The defendant need only to continue with: "I do not accept your sentence." Or, where applicable: "I do not accept your offer of contract." The latter statement may be placed upon served court documents and returned (signed and dated) to the clerk of the court."
lb: >> Tragically, too many believe such fiction without doing a lick of legal research.
----- Original Message -----
From: Stan Szopa
To:
sherricorrell@msn.com;sonstate6000@gmail.com;frcpu
Sent: 5/9/2009 10:07:33 PM
Subject: Re: BOYCOTT, BOYCOTT, BOYCOTT and SELF-DEFENSE!
??That is why the STATE OF OREGON, and COUNTY OF JOSEPHINE is on the hook for $40,000,000.00 Plus in Commercial Defaults, by my using their own law against them??
Stan:
I like your monetary claim of $40 millions against State but it is grossly underestimated.
Why?
I did rough calculation how much every citizen could earned every year?800 years ago in so called "The Dark Ages" based on this statement:
?800 years ago, a man finding three months work could feed, clothe, and shelter his family for the entire year. Today we call that: "The Dark Ages!" Today, a man and his wife both holding down a full time job, are one payday from living under a bridge. We call this: "The Age of Enlightenment? You're right, something is definitely wrong! ??
from:
http://100777.com/node/1339
Calculation is in:
http://tech.groups.yahoo.com/group/ijccr/message/4701
and it is roughly $ 360,000 US a year in today money.
Any citizen working for 40 years should earn 40 * $360, 000 US = $14, 4 millions
It is just to be only equal to "The Dark Ages"!
What about additional wealth from the 800 years of human progress?it would be astronomical.
On the top of this astronomical well deserved earned billions of dollars by every single citizen additional amounts for punitive damages.
Those obscenely rich parasites know that and viciously brainwashing by propaganda and poisoning people by chlorine, fluoride and immunization shots.
The real revolution is a must!
Best regards,
Stan
~~~~~~~~~~~~~~~~
--- On Sat, 5/9/09, Raymond Karczewski
<arkent3> wrote:
Received: Saturday, May 9, 2009, 8:44 AM
Re: BOYCOTT, BOYCOTT, BOYCOTT and SELF-
DEFENSE!
Kokomoj0 wrote:
Raymond Karczewski (arkent3@earthlink.net)
_________________
Raymond Ronald Karczewski© http://www.arkenterprises.com
Devvy Kidd wrote:
Larry Becraft wrote:
KokomojO wrote:
Raymond Karczewski (arkent3@earthlink.net) wrote:
dk: > I would encourage people to go read
Destroyed Arguments. Larry Becraft is a constitutional
attorney with more than 30 years experience, mostly in
the federal courts.
k: > Thornton creamed becraft
Quote
dk: >> He's also the most accurate researcher and he destroys these popular and idiotic "legal" theories out there like commercia l liens, strawman, etc. that do nothing but get people in serious legal trouble because they don't do the research themselves.
as for corporate attorneys are concerned.
k: > One comment Ray. Your object is to get yout message out to as many people as possible. If that is your goal then I would recommend 2 things.
k: > Keep in mind you cant effectively communicate to the french speaking german.
k: > So while you are correct in the terms you use, as in mammon, people cannot relate to it and in order for you to explain it requires more time than most people have the patience for.
rk: I am not concerned with pandering to a "dumbed-down" audience who lacks the patience to understand why their lives have gone to hell through years of sound-byte conditioning. I leave all that to the satanic mind-controlling "conditioners" and their opposing "counter-conditioners" who make up the theatrical opposing forces which make this life on earth a Living Hell. My purpose is to awaken all to their own God-given gift of Divine Intelligence which has been stripped away from them by their own consent, leaving them at the mercy of Satanic wordmeisters.
k: > I think you can accomplish the same goals by changing the word mammon to (code), as in administrative code statutes etc, for only one reason, and that is people have short attention spans and you dont have time to explain the vast amount of knowlege required to properly understand it in the terms of mammon.
rk: When people reach the zenith of their personal suffering, they will either perish or lengthen their attention span. With all due respect kokomojO, your advice just keeps the Satanic carousel spinning on and on in circles, going nowhere. Its time for civilized man to get off the "Satanic go-round."
k: > The same thing can be accomplished by simply using the word "code" or stat code, and people can immediately relate to that no questions asked.
rk: KokomojO, there is no question I use words differently than those who are conditioned by them. I use words. Words do not use me.
k: > All "legislative code" is mammon or commercial/admiralty/roman civil law.
k: > Not critisizing you here just if your object truly is to get the word out make it easy for people to understand and accept it rather than speaking what to them is a foreign language and making yourself a target.
rk: My intention is not to sell anyone or persuade them to a political or religious point of view. It is to snap them out of their conditioned hypnotic trance, to cause them to voluntarily open their eyes to the truth which exists all around them, and let them take the action they themselves deem necessary to save their bacon as only they can. You see, the public is not geared toward that kind of dynamic self-initiative. So I share with them my own personal experiences, which they seem to think is not within their capacity to perform. Thus my writings are met with resentment and hostility.
k: > and remember the meek shall inherit the earth. comparing yourself to a christ will turn many christians away from you before they even hear what you have to say.
rk: Then they have condemned themselves by their own action, have they not? Such are the Satanic Forces which have enslaved Sovereign People since the beginning of Civilization, i.e., their "Fall from Grace,", their own, consentual, voluntary descent into Hell.
k: > Keep in mind your enemies try to make you a target to take shots at so be a hard target to hit. Thats my motto.
rk: As you can see, I stand alone, I stand in complete openness, I take on all comers. Their endless attacks launched by government/media disinformation agents hiding behind a legion of anonymous fictional handles do not penetrate the shield of Truth which envelopes me. I don't argue with them , I Mirror them. It is sufficient that the mirror of Truth only reflect back to them their own reflection. That alone defuses their use of the satanic power of illusory words. .
k: > Something I hope you will think about. It all depends on where you want the focus....you or your message?
rk: I am the message. In Truth, one is inseparable from the other. This is not a boast, but a matter of fact. Did not Jesus, another simple man of Truth say the same thing 2000 years ago, i.e., "I am the Truth, life and the Way....?" Those who strung Him up made the same statement of objection to His simple Truth when they cried out "Blasphemy, Blasphemy, Give us Barabbas." You see, such satanically directed, common, in-the-box thinking people cannot identify with anything but themselves, and usually so at the lowest common denominator. Nothing has changed since the time of Jesus. The same Pharissee bankers, judges, corporate elitists are still at it trying to rule the world over Sovereign People who dream they are slaves. Now they call themselves the NEW WORLD ORDER.
rk: My life experiences stands as proof of protection against the satanic evil forces which rule civilized man. It is their WAKE UP CALL. They however, still have free will to remain in Hell if they choose to do so.
k: > It just seems much more effective to me to become as small of a target as possible so that people are left thinking about the message and not the messenger.
rk: When the New World Order has expended their full Satanic Arsenal of mind control handlers and disinformation agents attacking this simple man of truth, and he is still standing, is that not all the Proof of who I say I am and the Truth of Sovereignty I speak of? Does it not stand as Truth of who I say they are? Those are the people who shall inherit the earth.
rk: The "living dead" will follow their satanic nature and be converted into the "dead dead."
rk: Do you get my drift?
Raymond Ronald Karczewski© -- A Living Christ
Letter to the Editor
Illinois Valley News
George McElroy
On April 14, 2009, Ray Karczewski was stopped by deputy Corey Krauss for not having state issued license plates displayed on his automobile. Ray was handcuffed and arrested, taken to jail and turned loose (no booking...no arrest). By legal definition, he was kidnapped. "the unlawful taking and carrying away of a human being by force...".
The people have a common right to travel in their automobile. Common rights come from our Lord. Rights cannot be taken away arbitrarilly, they can, however, be surrendered for privileges. requiring licenses. If a man wishes not to join corporation (state of Oregon) or it's creation (dmv) by sacrificing his rights for privileges, can he remain free from the imposition of corporate rules, regulations, codes, acts, and court rulings??? NO!!!
If you stand up and vigilantly protect your rights, a corrupt judicial system will grind you down and take your last penny. Ray was cited for DWS. How can a state agency suspend a privilege that was never requested or issued??? Law enforcement pirates are legally plundering the public openly with impunity by impounding automobiles, recovering stolen property (guns) and taking it for themselves. One of these days they are going to steal from someone who refuses to surrender their property without a fight. Like the cattlemen in the movie "Open Range".
Wonder why there are 10 to 20 vehicular stops in the police blotter every week? If automobiles are impounded in the city limits, the impound release fee goes to the city. If outside city limits, the fee goes to the sheriff"s dept. The fee is $100.00. The hook up fee is $150.00 to tow your auto to the one and only approved impound yard in Cave Junction. Seem just a little exorbitant to you???
Ray was not cited for not displaying state license plates....The only reason for the stop! I wonder why? Could it be he was lawfully claiming and exercising this right? "Woe to those who decree unjust statutes and to those who continually record unjust decisions, to deprive the needy of justice, and to rob the poor of my people of their rights..." Isaiah 10,12.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Illinois State Police Seize and Keep Desirable Cars for Personal Use
« on: Today at 05:14:24 PM »
Illinois State Police Seize and Keep Desirable Cars for Personal Use
Influential Illinois State Police official gets personal use of a muscle car confiscated from a motorist.
Dodge ChargerIllinois State Police troopers seized a high-performance muscle car and set it aside for the personal use of an influential police official. The Associated Press reported that a suspected drunk driver in a 2006 Dodge Charger was pulled over in January 2007. The troopers used a state seizure law to confiscate the vehicle.
Once the paperwork was complete, the 425-horsepower vehicle -- which had an as-new base price of $38,000 -- was handed over for the personal use of Ron Cooley, 56, the Executive Director of the Illinois State Police Merit Board. Taxpayers also pick up the fuel tab for gas-guzzling 6.1 liter V-8 as he drives to and from work each day and on various business trips.
A good relationship with the merit board is essential for any state trooper looking to move up into a position of responsibility.
"The mission of the Illinois State Police Merit Board is to remove political influence and provide a fair and equitable merit process for the selection of Illinois State trooper candidates and the promotion and discipline of Illinois State Police officers," the board website explains.
According to AP, the Charger is just one of two dozen desirable cars -- including an Audi and a Cadillac Escalade -- grabbed and kept by state troopers. State police officials decline to identify the beneficiaries of the confiscated car policy claiming it could endanger officers if the type of car they drove at taxpayer expense were made public.
Source: AP Exclusive: Bureaucrat driving seized hotrod (Associated Press, 4/30/2009)
http://www.thenewspaper.com/news/27/2767.asp
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
![[]](http://waronyou.com/forums/Themes/default/images/post/xx.gif){kind=small}
Police stop drivers, take their money and jewelry, alleged victims say
« on: Today at 11:58:55 AM »
Texas police shake down drivers, lawsuit claims
* Story Highlights
* Police stop drivers, take their money and jewelry, alleged victims say
* Drivers threatened with arrest, loss of children if they don't pay up, plaintiffs say
* Most targeted drivers are minorities who won't fight back, lawyer says
* Town, county officials deny any wrongdoing, say officers follow the law
From Gary Tuchman and Katherine Wojtecki
CNN's "AC360°"
TENAHA, Texas (CNN) -- Roderick Daniels was traveling through eastern Texas in October 2007 when, he says, he was the victim of a highway robbery.
The Tennessee man says he was ordered to pull his car over and surrender his jewelry and $8,500 in cash that he had with him to buy a new car.
But Daniels couldn't go to the police to report the incident.
The men who stopped him were the police.
Daniels was stopped on U.S. Highway 59 outside Tenaha, near the Louisiana state line. Police said he was driving 37 mph in a 35 mph zone. They hauled him off to jail and threatened him with money-laundering charges -- but offered to release him if he signed papers forfeiting his property.
"I actually thought this was a joke," Daniels told CNN.
But he signed.
"To be honest, I was five, six hundred miles from home," he said. "I was petrified."
Now Daniels and other motorists who have been stopped by Tenaha police are part of a lawsuit seeking to end what plaintiff's lawyer David Guillory calls a systematic fleecing of drivers passing through the town of about 1,000.
"I believe it is a shakedown. I believe it's a piracy operation," Guillory said.
George Bowers, Tenaha's longtime mayor, says his police follow the law. And through her lawyers, Shelby County District Attorney Lynda Russell denied any impropriety.
Texas law allows police to confiscate drug money and other personal property they believe are used in the commission of a crime. If no charges are filed or the person is acquitted, the property has to be returned. But Guillory's lawsuit states that Tenaha and surrounding Shelby County don't bother to return much of what they confiscate.
Jennifer Boatright and Ron Henderson said they agreed to forfeit their property after Russell threatened to have their children taken away.
Like Daniels, the couple says they were carrying a large amount of cash --- about $6,000 -- to buy a car. When they were stopped in Tenaha in 2007, Boatright said, Russell came to the Tenaha police station to berate her and threaten to separate the family.
"I said, 'If it's the money you want, you can take it, if that's what it takes to keep my children with me and not separate them from us. Take the money,' " she said.
The document Henderson signed, which bears Russell's signature, states that in exchange for forfeiting the cash, "no criminal charges shall be filed ... and our children shall not be turned over" to the state's child protective services agency.
Maryland resident Amanee Busbee said she also was threatened with losing custody of her child after being stopped in Tenaha with her fiancé and his business partner. They were headed to Houston with $50,000 to complete the purchase of a restaurant, she said.
"The police officer would say things to me like, 'Your son is going to child protective services because you are not saying what we need to hear,' " Busbee said.
Guillory, who practices in nearby Nacogdoches, Texas, estimates authorities in Tenaha seized $3 million between 2006 and 2008, and in about 150 cases -- virtually all of which involved African-American or Latino motorists -- the seizures were improper.
"They are disproportionately going after racial minorities," he said. "My take on the matter is that the police in Tenaha, Texas, were picking on and preying on people that were least likely to fight back."
Daniels told CNN that one of the officers who stopped him tried on some of his jewelry in front of him.
"They asked me, 'What you are doing with this ring on?' I said I had bought that ring. I paid good money for that ring," Daniels said. "He took the ring off my finger and put it on his finger and told me how did it look. He put on my jewelry."
Texas law states that the proceeds of any seizures can be used only for "official purposes" of district attorney offices and "for law-enforcement purposes" by police departments. According to public records obtained by CNN using open-records laws, an account funded by property forfeitures in Russell's office included $524 for a popcorn machine, $195 for candy for a poultry festival, and $400 for catering.
In addition, Russell donated money to the local chamber of commerce and a youth baseball league. A local Baptist church received two checks totaling $6,000.
And one check for $10,000 went to Barry Washington, a Tenaha police officer whose name has come up in several complaints by stopped motorists. The money was paid for "investigative costs," the records state.
Washington would not comment for this report but has denied all allegations in his answer to Guillory's lawsuit.
"This is under litigation. This is a lawsuit," he told CNN.
Russell refused requests for interviews at her office and at a fundraiser for a volunteer fire department in a nearby town, where she also sang. But in a written statement, her lawyers said she "has denied and continues to deny all substantive allegations set forth."
Russell "has used and continues to use prosecutorial discretion ... and is in compliance with Texas law, the Texas constitution, and the United States Constitution," the statement said.
Bowers, who has been Tenaha's mayor for 54 years, is also named in the lawsuit. But he said his employees "will follow the law."
"We try to hire the very best, best-trained, and we keep them up to date on the training," he said.
The attention paid to Tenaha has led to an effort by Texas lawmakers to tighten the state's forfeiture laws. A bill sponsored by state Sen. John Whitmire, D-Houston, would bar authorities from using the kind of waivers Daniels, Henderson and Busbee were told to sign.
"To have law enforcement and the district attorney essentially be crooks, in my judgment, should infuriate and does infuriate everyone," Whitmire said. His bill has passed the Senate, where he is the longest-serving member, and is currently before the House of Representatives.
Busbee, Boatright and Henderson were able to reclaim their property after hiring lawyers. But Daniels is still out his $8,500.
"To this day, I don't understand why they took my belongings off me," he said.
Find this article at:
http://www.cnn.com/2009/CRIME/05/05/texas.police.seizures
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Marion County Traffic Court Violates the Law?
« on: Today at 05:13:01 PM »
Tuesday, May 5, 2009
Marion County Traffic Court Violates the Law?
This morning I went out to Marion County Traffic Court on the eastside in response to complaints I had heard about the operation of that court. As of January, the court has had a new judge, Judge Bill Young, a Republican. Now, I've always liked Judge Young as a person. You'd be hard pressed to find a more personable judge out there. As far as liking the operation of the new Traffic Court, not so much so.
At the outset, it should be recognized that Judge Young faced an enormous backlog of cases when he took over operation of the court. So part of his new approach to traffic court litigants is based on the very legitimate need to clear a congested docket. That, however, does not constitute violating the law in the process of doing so.
One of the first announcements you hear from the burly Deputy Sheriff in Traffic Court is that only the individual defendants can be in the courtroom, no friends, family members, etc.. The Deputy Sheriff warns you that if you are not a defendant and you are in "his courtroom" you will be arrested.
Not sure how the Deputy Sheriff came to own the courtroom, but, no, you can't close the courtroom. See Article I, Section 12 of the Indiana Constitution:
Section 12. All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay
The only time a courtroom can be closed is when it is a juvenile proceeding.
As the defendants were filing into court they were warned by the Deputy Sheriff that if they chose to try their case instead of pleading guilty they could be fined up to an additional $500. Before the proceedings started, the deputy prosecutors were shuffling off the defendants to issue the same dire warning.
I am almost certain that you can't fine someone for taking their case to trial. You can impose reasonable court costs, but fining someone for taking their case to court? Highly doubtful. It could well violate the "excessive fines" clause of Article I, Section 16 and Article I, Section 12 as well as several other statutes and constitutional provisions.
I stayed and watched a couple of the brave souls who dared take their cases to court. One guy talked about how an unmarked car was following him for a long period of time. The guy felt like the other driver was tailgating him and harassing him. Finally, he flipped off the other driver, who turned out to be a police officer. The cop immediately turned on his lights and pulled him over for speeding...doing 65 in a 55 according to the ticket.
In his ruling in favor of the prosecution, Judge Young stated he had a "sworn officer" who testified that the man was speeding and that was enough for him. So does that mean whenever a citizen is testifying against a police officer, Judge Young is always going to side with the cop? News flash: police officers lie all the time in court. All people want is a fair trial and that is what they deserve.
In addition to the $149 traffic ticket, the man was fined an additional $300 by Judge Young.
Posted by Paul K. Ogden at 10:43 AM
Labels: Indiana Constitution, Traffic Court
http://www.ogdenonpolitics.com/2009/05/marion-county-traffic-court-violates.html