winona rosa
Sunday, September 18, 2011
"sui juris " THE TRUTH IN THE RECORD A PROCESS FOR THE PEOPLE TO ACCESS THE COURTS
http://familyrights.us/bin/sui_juris/#Page 29
Especially see the Back Cover
SUI JURIS
THE TRUTH IN THE RECORD
A PROCESS FOR THE PEOPLE
TO ACCESS THE COURTS
By Pamela and Will Gaston
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SUI JURIS
TABLE OF CONTENTS
A Process for The People to Access the Courts
Chapter 1 Opening the Book ........................................................ Page 2
Chapter 2 Sui Juris = Sovereignty ................................................ Page 4
Chapter 3 As Any Reasonable Person Would Understand.......... Page 8
Chapter 4 Time to Claim Personal Sovereignty in Court ............ Page 9
Chapter 5 Already Heard It .......................................................... Page 13
Chapter 6 Introduction by Will Gaston ........................................ Page 15
Chapter 7 What Is Happening To You In The Courtroom.......... Page 18
Chapter 8 "Child Abuse Industry"; Non Constitutional Courts.. Page 19
Chapter 9 The Public Record - only Real thing happening .......... Page 23
Chapter 10 All Judges and Attorneys are Bar Members ............ Page 24
Chapter 11 Undisputed Testimony Becomes Fact ....................... Page 27
Chapter 12 Prosecute Your Own Case; Make the Record ......... Page 28
Chapter 13 File for Discovery - Freedom of Information Act ..... Page 29
Chapter 14 The Process for the People to Access the Courts ..... Page 30
Chapter 15 Make the Record - Insist on Speaking ..................... Page 37
Chapter 16 Going Into Court ......................................................... Page 38
Chapter 17 Filing Your Own Motions ........................................... Page 42
Chapter 18 Everything They Do To You - Appeal! ...................... Page 45
Chapter 19 Special Writs ............................................................... Page 51
Appendices
©Copyright 2000 All Rights Reserved
Published May 2000
First Edition Printing August 2001
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Sui Juris
THE TRUTH IN THE RECORD
A Process for The People to
Access the Courts
Sui Juris: of his own right; authority;
possessing full social and civil rights;
having capacity to manage one's
own affairs
The Truth in the Record: Lawful Due Process.
A court is a place to make a Public Record.
A Plaintiff, a Defendant, a neutral judge
to a jury decision, in all cases
Constitutionally protected.
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Chapter 1
Opening The Book
Inalienable Rights: Rights which are not capable of being surrendered or transferred without the consent of the one possessing such rights.
(Morrison C State, Mo, App., 2422 SW 2d 97, 101)
Sovereign: A person, body or state in which Supreme authority is vested. (The Supreme Authority formerly belonging to the King was vested in The People - freeborn Natural Persons, in the US Constitution and Bill of Rights through a Republican form of government.) Where is YOUR SOVEREIGNTY in this hierarchy?
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An innocent, Natural Man or Woman is literally "above the Law". He or she stands ON this Constitutional foundation as revealed in the diagram above. The restrictions apply to Government from the Constitution down through the Administrative and Corporate structures and are not applicable to Free, Natural persons. The Constitution does not bestow rights on anyone. Your Inherent Rights come from your Creator. You possess them yourself, naturally.
The Constitution is a restriction on the government, not on you, preventing your sovereign, Inherent Rights from being violated. Your sovereignty exists literally where you stand, and by birthright, reiterated by the Constitution. Yet most people mistakenly think of themselves "below" the standing of an attorney. Seeing themselves at the bottom of this pyramid, they are "standing under" or "understanding" that they gave their rights up when they agreed to allow someone else to "represent" them. (Now you know what you just gave the judge when he asked if you "understood" what he was doing to you in court ! And you said "yes", NOT understanding at all that it means you "stand under" in agreement with his process. The court from then on says you "admitted" that you "understood" the "charges".
An Inherent Right is a RIGHT, not a privilege, the exercise of which cannot lawfully be restricted with a tax or license or permission by the government.
The diagram above rightfully outlines the hierarchy wherein our freedom and Republican Authority of the People is found and which Authority must be asserted and exercised.
Chapter 2
SUI JURIS = SOVEREIGNTY
Who is the authority in YOUR Life?
The concept of Sui Juris is to experience the meaning of personal Sovereignty. Not in the abstract, but in a REAL experience. To KNOW. How do you react when you are tempted or told to compromise your integrity? How do you react when you are afraid? How do you respond when you are called before some authority, and you know your rights or the rights of someone else are being violated? Do you speak out? Do you look away? Do you stand up to the abuser, or sit speechless and terrified if the abuser is wearing a black robe and sheriffs are surrounding you to stop you from speaking? Do you respond from a place of fear? Or, from a place of confidence, knowing your Inherent Rights and demanding that the abusers uphold the Law and allow your rights to be protected? Are you a victim subject to their trained intimidation, or knowing you have the right and power to access the Public Record, do you act like these judges and agents of the court are public servants who work for you?
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The Equal process of Law is that All Men (and Women) are Created Equal before God, Our Creator. We are born with Inherent Rights, given to us by God. The Constitution does not GIVE rights to people, and there are no "constitutional rights". The Constitution is our contract at birth that RESTRICTS GOVERNMENT to PROTECT INHERENT RIGHTS. It is a common error that people believe that the constitution gives them their rights. Your birthright is from God. The concept of Sovereignty must be experienced to understand the difference.
Wherever you stand - you put out your arms - there is where you have "landed". That is your "sovereign space". Just like a King landing on some foreign territory, planting a flag, and declaring his sovereignty, wherever he landed, his Kingdom established.
In your sovereign space, which extends to your home and personal abode, whether that be a box or a car or a cave or a mansion, and including state sovereignty, your Inherent Rights are to be protected, and your sovereign space is not to be violated, for yourself, your Offspring, and your Family Body. Constitutionally, YOU ARE A KING OR A QUEEN in your castle, as the Bill of Rights gave the common man the sovereignty that previously belonged only to the King. Everywhere you go, your personal sovereignty goes with you, and you cannot "give" it up - it is your Natural Human Rights, to breathe, and to eat, to think, to speak, to live unmolested and to rear your children in your family according to your beliefs.
As many people grow up, they develop "dualities", or images of something they DO, confused with who they ARE. They view the world from the perspective of their personal illusions, and live in a mode of protecting the images they are upholding. Sovereignty cuts right through this "image", because the "image" can be compromised, and believe me, that is exactly what the judge will do to you in the courtroom if you challenge them. People think they will react a certain way when they stand outside of a courtroom, yet most people have no experience at all, and do not realize that the EXPERIENCE, IN COURT, of these concepts is very different from THINKING about it.
We have heard it called "the gravity effect" wherein most people get into a courtroom and clam up, terrified to speak, big strong men who moments before were full of themselves, with how they were going to confront their abusers, but in the courtroom they're completely intimidated and deferring to the judge. The judges and attorneys are seasoned vultures, trained to watch your every move and word, constantly assessing their prey for vulnerabilities, and for the common man to think he will play their game and win, is a fatal error every time. This Sui Juris process cuts through the facade they are enacting, and allows the Truth to be revealed.
Most people benefit immediately from learning to understand what they are in the middle of. The schemes and plots are being acted out right in the open, the attorneys have not hidden their corrupt practices, these deceptions are routine, used in the courtrooms every day. The blindness is because the People do not know what they are looking at, or HOW DIFFERENT IT IS SUPPOSED TO BE. The first part of this book will discuss from various angles the nature of the Beast that devours us, and anyone involved in the courts will recognize immediately the corrupt methods that are outlined here.
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The trained "robot" agents of the state always act the same way, at every level, are reflection of each other. The fish rots from the head down, and from the top of the American government there is complete unaccountability at this time, a fetid decay and perverted morality, without exception. This global agenda is being enforced against our Constitutional Republican government and State sovereignty.
The courts operate from the perspective that you are a commodity under corporate status, called "state property", an "asset", and the judge has complete control over you and your life. He will find out what you fear, what you think you are, what image you're upholding, then the court will use that to strip from you everything you love and have worked for, unless you cooperate with their process, or if you dare to confront their abuse. This is the scene that you are confronting anytime you go into a court today, and any time your name has been entered into any state database for any reason, even if you go to the state for some kind of assistance. The money is being made from your rendering in the system, and your children, and the whole "21st Community" goal is a society that does not rebel when told to give up their sovereignty and not allowed to protect themselves or their families anymore. You have to be FEARLESS of anything the judge does to you when you know you are RIGHT - REFUSE to back down, and appeal anything they do. THIS BOOK WILL SHOW YOU HOW.
When you walk into a courtroom, and a judge strips you of your Inherent Rights, he does not inform you that he is doing this. He allows you to be deceived into thinking that he is actually upholding the oath he took to protect your rights in that courtroom.
He is, without you realizing it, bringing you into a foreign jurisdiction, which is the same as stepping into another country, and it is Treason for the courts to do this.
We have, over the past century, allowed others to do our thinking for us, without adequate Citizen oversight of government activities. We have allowed the bar association judges and attorneys to control all three branches of government. In fact there are NO branches now, they are called "departments". The Bar has created a protection operation in their own interest and accruing interest- as in, money off of - their global manipulations.
We have collectively trusted our public servants and assumed that the courts in America were constitutional, as they give lip service to an oath. We have learned that insidiously, our rights have been undermined in the courts, as more and more Citizens are being stripped and their Families, destroyed without Due Process of Law.
When a person begins to understand that Constitutionally "all authority is inherent in the People" and that all are equal before the Law, the facade becomes apparent in the courtroom setting. When the Citizen confronts another human on the same level, there is no control and intimidation, only a determined Citizen insisting on what is Lawfully his from a public servant who is supposed to be protecting him, and instead is his attacker.
Once the fear is gone, you see that it is a theatre going on - actors in scripted parts, using trained methods. Often everyone in the courtroom know each other and work for the state except you. It is exactly like the Wizard of Oz when the curtain is pulled back revealing the "great Oz" is nothing more than a putrid, pitiful, scheming old man putting you in harms way and exposed for the fraud that he is.
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Sovereignty is your humanity, and it is based on family. The People are the only Lawful authority. We do NOT live in a DEMOCRACY - that is another misconception - we live in a REPUBLIC, where the "Authority is inherent in the People". The language is exploited at every turn to deceive the Citizens into buying into their own destruction and not realizing it. The People have to see all the pieces in order to make correct and responsible decisions.
The confrontation with the truth has been kept out of the courtrooms for many years when the government is the defendant. The facade has been upheld by compromised bar member judges, attorneys and legislators whose bank accounts are dependant on profiteering and exploitation. The People are beginning to realize that this is a real slick deception, literally the biggest protection racketeering operation in the world, shattering any preconceived notions about truth, justice and integrity in America at all levels of court and government. "Facts are not an issue", as judge William O Lewis stated on the Record in an Oregon courtroom. This insane declaration could have come from the mouth of Lewis Carroll's Through the Looking Glass and Alice in Wonderland character, "Humpty Dumpty", the master of words and deceptions. Eventually that egg broke!
The counterfeit statutory system relies on deception to keep it sustainable, and the fear of the people to say no, keeps it fed. Whenever you lose your children, your
property, your inheritances, your money, your freedom, or anything of value, it is taken from you in a courtroom. The Fifth Amendment to the Bill of Rights guarantees that if anything is taken from you that you must be allowed a fair hearing, a trial by jury and Constitutional Judicial Due Process, and just compensation if it is not returned. None of this is being enforced at this time. Additionally, plans are being implemented called Justice 2020, the "Community Courts of Tomorrow" and "21st Century Courts", assessment centers and permanent, shared databases for the STATE, with all Constitutionally protected Inherent Rights removed. Much of the agenda is already in place, and must be stopped.
This Sui Juris process is the way the common Person can get into the Record with their facts, force the court to let them speak and make the Record, and start holding government employees and judiciary accountable for their criminal acts. The whole bottom line of a court is you present facts, they have to dispute your facts, and you dispute whatever lies are being told- who ever cannot FACTUALLY dispute (denial is not enough) the other sides facts - WINS ! That is, in an unbiased, court of justice.
This is how you bring the facts that they have to dispute into the Light of Public Exposure. The key to exercising our Sovereign Authority is to know what that feels
like in the first place. As our Constitutionalist friend William Mayhar, who has personally paid a dear price for the knowledge we are sharing, says " KNOW RIGHTS OR NO RIGHTS" and "you have rights you never dreamed of" once you understand and experience the full meaning of Sovereign Child of God standing on this Contract called the Constitution and the Bill of Rights. This spirit overcomes their might and power.
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Chapter 3
"As Any Reasonable Person Would Understand"
This book is written to give as clear and comprehensive a picture as possible in simple terms to help people understand and confront courts, agencies and government abuse. It is suggested to read the book all the way through, then go back and highlight parts that you need to remember.
The information is new to many people, and concepts and illusions must be shattered for those who have preconceived notions about what a courtroom is. Especially for those who think they know what happens there or who think their freedom and the constitution are in place in America at this time.
Our personal education has come through dealing with state child services agencies, and we have particular insight for those being abused, by their corrupt in the same methods and practices. However, the public pretenders (servants) methods are similar regardless the type of court, or the nature of their abuse, when you are falsely The methods are the same regardless of the type of court, or the nature of their abuse, when you are falsely accused and cannot find recourse to defend yourself.
We are average citizens, not experts, and share our experience and insight to benefit others. Everything we have learned has been from first hand experience. We cannot help what people think or what they do not understand, if they have not experienced the corruption for themselves and don't want to believe it exists. Once a person sees the nature of what is happening to him, he is able to openly and truthfully confront his abuser. When that abuser is the government - an agency, an officer, a judge, the person especially needs to understand the network of operations and individuals that have joined against him. Your own tax dollars feeds the conspiracy machine that confronts you.
It is our hope that this information acts as a catalyst for people to rise up out of their fear and oppression, and empower themselves to understand that they have the ability and the Right - Our forefathers said the OBLIGATION - to petition any court, agency, or branch of government, for lawful Redress of Grievances, and the right to file lawsuits to charge abusive officers and elected officials for their crimes.
Most vulnerable people are defeated before they ever begin to fight back, stopped by imagined impossible hurdles like "if only I had the money" and "if only I could hire a good attorney", believing that they are powerless, not understanding their rights. They are afraid, sure that they are inadequate to defend themselves. They are believing that only an attorney knows how to write their papers, when nothing could be more dangerous or further from the truth.
We are breaking that illusion here and now - you NEVER want to allow someone to "represent" you, or you have given up your sovereign, inalienable Rights. If you are indigent it costs nothing to file your own lawsuit and plead your own cases. Everything explained in this book has been done with no more money than copies and such expenses, and without an attorney. If we had depended on either we would have been finished four years ago and had no recourse to defend ourselves.
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We fired four attorneys before we saw the nature of the exploitation and the collusion of the bar member judiciary, legislators, elected officials and attorneys through the courts. One person we work with has fired fifteen! Often people we meet who ask for help have lost everything through a succession of attorneys who have led them on, taken huge sums of money and lost their cases, knowing all along they will never confront the basic issues of deprivations of rights against their clients in a courtroom.
Constitutionally, your documents must meet the standard "AS ANY REASONABLE PERSON WOULD UNDERSTAND". That is all, and they can be written by hand if necessary. The methods and Process outlined herein can be reformatted to serve on any individual, from juvenile court to the legislature to congress, and this is what we hope everyone in America will do.
Chapter 4
It is time to claim Personal Sovereignty in the Courts
The US Supreme Court, January 12, 2000, made a decision that a "criminal" does not have the right to refuse an appointed attorney to appeal a case from the state courts, or to plead their own appeals. This ruling is an inroad to essentially strip sovereignty from all Americans, and completely sever our Constitutional right of redress of grievances and Due Process, by denying The People access to Justice.
The Justices found that the "expediency of the court" took precedence over the "criminals" right to plead his own appeal. This has been the pattern and the language used to create DA and Judge driven courts of no Constitutional Judicial Due Process. For example plea bargains are being touted as "saving all those cases from clogging up the courts". Plea bargaining being one of the ways the Prison In-Justice Industry has filled the prisons it has built with prisoners who have often never had a trial. Often these "criminals" have never been charged with a crime; there is no injured party and no victim; they are imprisoned on hearsay allegations that they "broke a rule" or "owe fines to the state" and now they are criminals, their lives and families destroyed. There is no longer presumption of innocence once accused in today's courts, nor do the modern courts enforce the state prosecutions obligation to bear the burden of proof clear and certain, with credible evidence. Slandered, you are prosecuted and jailed on unfounded accusations. The whole process is a District Attorney's malicious prosecution doing anything in or out of the "box" to win at all costs and protect the system. He also gets money and rewards for "successfully completed cases" - ie; convictions, and is demoted for bringing petitions that fail in court, so it is evident where the crooked bias lies.
The language is important, as the ruling said "criminal does not have the right to be pro se before the appeals courts". We must challenge this now, and by doing so will define Sui Juris in the Law. We do not want the "right" to "represent" ourselves. You ARE Yourself. The Court must acknowledge that "Pro Se" means "represent yourself" which is an impossibility. You ARE yourself in your God given, Inherent Rights, PROTECTED by the Constitution, with restrictions on GOVERNMENT, NOT ON YOU, a Natural Man or Woman and your Offspring. You are claiming your humanity, which is what the court has stripped from you.
The challenge to this "denial of your right to represent yourself" is: I AM, MYSELF, SOVEREIGN AUTHORITY and am not ASKING for the RIGHT to REPRESENT ANYBODY. The Court cannot refute the essential TRUTH of Protected Inherent Rights, and challenging this exposes why the court uses "pro se" and how language is used to deceive us and stop us if we don't know our rights and demand them.
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There is an aggressive trend overall to say "the expediency of the court" negates our rights. It is also used to say "the People will have to give up some of their sovereignty for the good of the community". This is now taken to the bigger level, "give up your sovereignty in the best interest of the GLOBAL community". All Lawmaking has become a matter of what is the "best interest of the STATE, or the Courts, or the Agencies, or the Community" never the People or the individual.
The STATE is NOT the people anymore, but an elite group who are working the system to their own profit margin. Specifically for the last ten years, every program and legislative initiative has been completely and blatantly unconstitutional and therefore void of Law and unenforceable, but tell that to the thousands who are in jail for breaking these "unenforceable" rules. In Oregon, the courts are aggressively "moving forward" to complete the stripping away of Due Process, saying that it costs the state too much to defend indigent defendants or to allow jury trials. This is a further dangerous assault by the Bar Association to cement their control, a vulturous grasp through the courts and manipulated legislation, of every aspect of every persons life.
The rhetoric brought to the legislature to pass statutes for non constitutional courts is the theory that it is "in the Best Interest of the Court" to plea bargain. Arbitrate and Mediate most cases off the record and out of a courtroom. The attorneys say this "relieves the burden on the court" and "saves money". We asked Chief Justice Wallace Carson last year in a Senate Hearing why there are no jury trials in Juvenile Court. He said he "did not really know, except that it would probably cost too much". So much for Due Process, so much for Constitutionally protected Inherent Rights or protection of Families.
Keeping cases "out of the courts" has filled the prisons with non violent "offenders", criminalized and incarcerated often without ever being charged with a Crime. Many prisoners have never had a trial, and with no oversight a DA stacks charges and coerces a "lesser plea", often after accusing some heinous crime for which there is no evidence, or unlawfully seized children or property are held hostage to compel guilty pleas. With mandatory sentencing, one event becomes "five felonies" and the person, often children, are sentenced to long prison sentences, often their only crime is that they are poor and vulnerable and trapped in the corrupted exploitive system, unable to extricate themselves. It is a carefully crafted attorney game, and the People must become aware that at this time no one can be sure any child removed or prisoner incarcerated was allowed Due Process in court. This corrupt conspiracy has turned our nation into the most imprisoned population on earth. It's punishment for profit.
The only way to get the Truth past the attorneys and judges is to plead your case yourself, in your Lawful Sovereign capacity.
Sovereign Rights are Inherent Rights, only claimable by the Natural Man or Woman who lives and breathes and pleads their own case, the literal meaning of Sui Juris. A representative cannot claim Sovereignty for someone else, nor can an attorney exercise your Sovereign Rights in a courtroom. To force a Natural Man or Woman, free, innocent of any crime UNTIL PROVEN GUILTY OF A CRIME, to give their sovereignty away to be represented by another is unconstitutional. Preventing prisoners from exercising their Inherent Rights is the opening to get people used to the idea that it is acceptable.
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As it is now, Judges will lie and tell people they "cannot fire the attorney", and the people find out like we did, that it is as easy as saying "you're fired"- in a document, and meaning it. Sometimes Judges will also play a dangerous game we call the "Get a mental health exam/fitness to proceed scam" to deprive the defendants rights and prevent the defendant from proceeding Sui Juris. In this multiple judge scam, the judge orders a mental health evaluation with a State ordered "doctor", who declares you have "prosecutorial delusions for saying the judiciary are corrupt" (Dr. Sukow in Marion County Jail is famous for that finding); then the judge declares you "unfit to proceed without an attorney" and sends you to the mental hospital, or to the jail if the hospital is full. While incarcerated, the People lose their housing, their jobs, their children, their marriages fall apart, and their lives are often destroyed forever. At this time there are known to be more than fifty people being incarcerated in the Mental Hospital in Salem, Oregon, committed there by a judge because they demanded their rights to a jury and due process.
You will learn that the Judges lie all the time and intentionally deceive you about your rights, so you must learn what those rights are and demand them, and only before the court Sui Juris will you be able to do this. An attorney's main job is to prevent confrontation on the record revealing any systemic corruption, to never "irritate the court", to bow and stand and make sure you do likewise, kissing up to the corrupt, tyrant judge ... the greedy attorney makes his living from your chaos, misery and fear and the bar wrote the rules they are using to exploit you .... the bar member attorney will block you from making the record of such facts as a Judge's lie. In order to confront this on the Record, you must plead your case yourself. You begin to see that this essential right of pleading your own case and accessing the Public Record and juries to decide the facts and the law is vital and the core of restoring and maintaining our freedom.
The Supreme Court's assault on our inherent, Constitutionally protected rights will cement the control of the Bar Association judges and attorneys, on behalf of the corporate STATE. The attorney gets his authority from the STATE bar (they say they are licensed, but they have no license in their pocket if you ask to see it). He has taken an oath to the bar, and will be disbarred if he exposes another bar member in the course of defending a client. He is often paid by the STATE, but even if you pay him all your money he has a conflict of interest to bring suit against the STATE. A known factor is that the STATE non due process courts are corrupt, the Legislators and Law Commission admit these STATE TRIBUNAL courts are NOT constitutional. The only hope we have had to correct this is the Appeals process. At this time the whole system is corrupted, and the Appeals court in Oregon routinely affirm without opinion (AWOP) most cases, including termination of parental rights cases as the State profits from selling the stolen children, reimbursed by the Federal Safe Adoptions Act. The US Supreme Court is sending a lot of federal cases back to State courts, increasingly emphasizing that the State courts must deal with State issues.
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If we are unable to plead our own Sui Juris appeals, after being routinely categorized and criminalized once accused, the door for the corruption by STATE courts is wide open. With absolutely no accountability and no oversight, with bar members in every "square on the chessboard ",the People, Due Process and our Constitutional Rights are abandoned.
We have seen signs that the Appeals courts in Oregon are frantic to avoid any true records coming up from the lower courts, since we are learning how to force the lower courts to open up so we can make an honest Public Record. Now we see a new diversionary tactic, how they plan to block the People. Conspiring with other bar members in their secret society, clandestine "Inns of Court", along with the "tyrants for life" in the Supreme Court to prevail against those who are confronting corrupt government, by contriving new strategies how to "screw" The People".
To force a Natural Person to give up their rights in any court is TREASON, and these judges are to be held accountable BY THE PEOPLE. They are already stripping our children from us, criminalizing every act possible and now they are telling us when this happens we have no right to appeal what is done to us. Forced to be raped by a Whorefor the Court and to swallow this without resistance.
Congress must act immediately to reverse these trends, and turn around this National Socialist Agenda that has overtaken our country, destroying our Constitution,
and subverting our inalienable rights.
The whole purpose of the Process we are sharing is to allow others to realize, as we did, that you CAN fight back, you CAN plead your own case and stop the agenda that has usurped the Constitution in America at this time.
We are going to write the part about the Appeals process as though this decision had never been made, as all unconstitutional "laws" are "Void of Law as though never been enacted and cannot be enforced". This is more of what we are putting an end to as we STOP tolerating being TOLD what we will and won't do in OUR courtrooms, homeland public buildings. We have allowed an illusion to convince us that we are no longer the authority in our own lives, our own bodies, our families, our government, our courtrooms; These Public Tyrants WORK FOR US. But only if we enforce our authority again, and soon.
With this ruling, it is imperative more than ever before, that we, as a Nation and as a People REFUSE to allow these corrupted PUBLIC SERVANTS to MAKE LAW from the bench as they are doing. The Sui Juris Process applies to filing petitions and lawsuits into Congress as well as the local courts. To deny access to the Public Record in any court is Obstruction of Justice, and the Supreme Court just gave Americans their answer that instead of addressing the corruption that is destroying our freedom, the higher court is acting in the interest of the Bar to create more courts of no Due Process at every level, to protect the giant Racketeering Scheme they have created and are using to deceive and control the People.
The Supreme Court fully knows, Congress fully knows, every Administrator has known fully for many years that our freedom is being eaten away, and now we find that there will be no Justice from the higher courts for redress of our claims. We HAVE TO DO THIS FOR OURSELVES. Jefferson said we should "clean house" every twenty years, but no one has. Almost ever since the Founding Fathers established this Freedom, only the foxes have been guarding the hen house.
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The People must abolish the Bar Association in America, and the unconstitutional legislative mandates that only bar members can represent or counsel others. We must reclaim our children, our freedom, our lands, our inheritances, our money, our values and morals. Our very lives and posterity is on the line at this time. Whatever is taken from you is taken in a courtroom and that is where you have to go to take it back. You go into the courtroom and tell them that you do not give them permission to violate your rights, and that they are your Public Servant. This is what we are accomplishing when we bring Sui Juris- I AM - into the courtroom, full sovereignty and constitutional restrictions on the government intact. It is up to YOU to respectfully demand this and not take no for an answer, even as the Sheriffs are moving to arrest you for speaking and the judge is ordering you to jail for contempt because you will not sit down and shut up as he violates you. Remember, you have a RIGHT to speak and make the Public Record, you will get a jury trial if they arrest you ! Without an attorney, you will go into court and access that Record and expose the judges crimes !
Chapter 5
Already Heard It
(A disclaimer to all the "experts" who criticize those of us who have not been able to stop the world to learn years of Law courses when we found ourselves caught in a web of judicial deception; who were thrown into the deep end of legal manipulation and forced to sink or swim.)
There are different approaches and methods being used to force the courts to acknowledge the Constitutional rights of The People. Often these approaches conflict in methods and Process. We have been criticized for not following many of numerous "experts" alternate methods to fight in court. Often the leaders of different groups are determined that their way is the only way. Generally these are brilliant minds who have been studying the finer points of Constitutional Law for many years. We learn and use what we can. But the courts today are non-constitutional courts, and they do not care about your rights. As judge William O Lewis told us as he denied our right to speak on the Record, "facts are not an issue". When you enter a viper pit like today's courtrooms, the judges snarl and tell you to "shut up" or arrest you with contempt for talking out loud. If you go into this and try to use language you do not understand you will be eaten alive. The judge WILL grill you to see how much you really understand about what he is planning to do to you. (Remember how he asked you if you 'understood'?)
We are not experts, but know what we have lived through first hand to be the truth of the matter and share what we have learned, from our experience, at the core of Judicial Corruption. We have learned that the Truth in the Record is the catalyst to stop judicial unaccountability, and have developed a Process in order to force the courts to allow The People to access the Public Record.
There are schools of other processes who do not believe making a record is the correct approach, that to engage the corporate court at all is to allow your rights and your humanity to be stripped from you. This appears TRUE. It gets very involved why this is so, and some of the common law lawyers know what they are doing, but their filed papers, like attorneys, most often do not record officials crimes and facts. They, like attorneys, will argue caselaw, which can be used to validate both sides of any argument.
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The reality that we have experienced and the many people who call us also experience, is that if you have made the record at every hearing, stating the facts in chronological order, facts that cannot be disputed, this Record saves your life later when you least expect it and protects you as you build a case against your abusers.
Some of the legal and constitutional law processes being taught are successful to make citations disappear, for example, and tax liens "go away". Some are Administrative processes that have nothing to do with Constitutional Law, but use the Corporate system against itself. This is a success, no doubt, but like with bar member attorneys, corruption is not confronted in the courts. Even though your case may 'go away", nothing changes in the abusive policies for anyone else. Some of these groups stand on jurisdiction, rightly so, but often they DO NOT STATE FACTS. There are also schools of process to revoke the unknown contracts that have been unlawfully placed onus through our birth certificates and licenses. Among these processes are Redemption and UCC filings, to "reclaim" the straw man and sever the compelled contracts that the STATE is using to restrain you. These programs can work, but require substantial study programs before taking action.
This book is not about any of these other methods. Sui Juris is about People telling their own Truth on the Public Record, accessing the Court openly and as simply as possible, carefully learning what their Rights are, avoiding self incrimination while educating and empowering themselves to plead their cases and develop their own discernment. There are Common Law opportunists and exploiters, just as exist among bar member attorneys. The common man cannot use language he does not understand. Deceptive 'legalese' is another part of the court game. As the original constitution was written, legal papers only have to meet the standard of "as any reasonable person can understand".
We KNOW that the confrontation in the Record of Factual Truth, disputing and exposing corrupted officials and policies with the FACTS of their crimes laid out has been discouraged and blocked. But now the People have learned how to get into a Public Courtroom and command their Rightful Authority and enforce Justice in the middle of the viper pit.
We are not attorneys, who "attorn" the law by subverting it. (attorn - turn around, shred - the word attorn literally means to "turn over the property to the king - now the state !) We have become lawyers (lawyer - one who speaks law in a court). We are acting as Private Attorneys General, prosecuting our own cases against the agents of the state in the courtroom. We advise everyone to learn all they can, that knowledge is power. Most people, if they knew their rights when first being involved with the State, would not be in the mess they are in now. Just another example of how no one advised them of any rights and their lawyer did not defend their rights either. We advise that people need to evaluate what we say along with every other guidance they are given, and ultimately make the best choices for themselves from what they know. This Sui Juris Process is as simple as any reasonable person can understand, on a layman's level. We encourage all advocates to write books to help light the way for others, and appreciate all positive input. Average people finding themselves confronting a corrupted system without knowledge of the system or any experience in the courts. They are terrified, caught like deer in the headlights and frozen with fear, unable to get their bearings in a confusing assault of deceptive rhetoric by court agents and their allies.
Often more technical Processes go over the heads of the litigant, while Sui Juris is meant to be a hands on, common sense approach allowing a person to plead their own case in a courtroom. Let the People realize NOW that they CAN fight back.
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Chapter 6
Introduction by Will Gaston
This introduction is written by Will Gaston, founder and President of A Voice For Children, Pamphleteer and People's Lobbyist, and most important Pamela's husband.
My introduction dwells on the usurpation of your Parental Rights, black market baby and child pornography trade, federal funding , etc., and the STATE OF OREGON, and the STATE OFFICES FOR SERVICES TO CHILDREN AND FAMILIES, (SOSCF) part in these crimes. The children's issue is where I came in but our book is a how-to and instruction manual for the Sui Juris process, and is a defense against all corrupt agencies and corrupt courts. We have written this book in clear, concise easy language for use by any layman, or anyone with the reading skills to the level of a newspaper.
This is my brief explanation of what has happened to you, why it has happened to you and what you can do to protect yourself and your children from abuse by the STATE and corrupt STATE agencies. Our book discusses and explains Judicial Process, Legal Documents, Forms and your Constitutional Rights and teaches you to understand them and use them..
You may not know it , nor understand it, but you have probably not been charged with anything. The overall problem is the "putrid stench" of a corrupt judiciary system. A Constitutional court should be an adversary system, a Plaintiff, a Defendant and a Neutral Judge, bound by a jury decision, to judge the facts, the Law and the judge.
The court is a place to make a record; the state's "charges" and your side, the truth. Unfortunately, if you have an attorney, this won't happen. The judge doesn't let you speak, because you are represented by an attorney, and if the judge doesn't let you speak, he is violating your civil rights and is corrupt; he is also presiding in an unconstitutional court and that is Treason. Your attorney will not let you put the Truth in the Record because if he "irritates the court" he gets disbarred (it is a process).
Attorneys are not licensed in Oregon (he cannot produce it from his pocket like all other state licensed contractors are required to carry), they are officers of the court and inmost states attorneys, by statute, must be members of the American Bar Association. This is the regulating body and their insurance co-op. An attorney also gets disbarred if he irritates the bar. So the attorneys will not speak for you, and if your story is not put in the record, the court decision is not appealable, as the allegations, by Law, if not disputed become fact. The only thing the court of Appeals looks at is the record to see if it was a fair trial. If it was undisputed, it is deemed to have been a fair trial.
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Juvenile court, also called "Family Court" and "Community Court" and "Peer Courts" are not courts of Constitutional Judicial Due Process, and are not courts as defined under the Constitutions, of both Oregon and the United States. Juvenile courts are very corrupt agency tribunals. Judge Fred Avera ruled in the Gaston V STATE OF OREGON INC, and SOSCF; "in juvenile court there are no defendants, no charges and no jury". Judge Terry Leggert in Bolton V SOSCF ruled; "nothing in juvenile court is illegal" and on allegations only, they take the children.
Someone has made an allegation that you have abused your child. An estranged husband or wife, rebellious teenager, step parent hating kid, evil neighbor down the street, school reporting bruises, an anonymous phone call, etc. You may never know who made these allegations, but you probably have not been, and probably will not be, charged with a crime.
If you were, this would move you out of juvenile court, (an agency tribunal), into a "real" court (circuit court). In that court, although corrupt, you get a jury trial; wherein they must present CREDIBLE evidence; the burden of proof is on the STATE; allegations and preponderance are not enough; the evidence must be clear and certain; testimony must be given under oath. The circuit courts assumed (pretended) jurisdiction in Oregon, amended Article VII of the Oregon Constitution, which was never ratified, never incorporated in to the Original Constitution and sits beside the original, with "provisions" for "statutorily supplanting" the Original Constitution and and is therefore unconstitutional, but therein are provisions for probable cause, Lawful Warrants, Clear and Certain (Credible) Evidence, Due Process and Trial by Jury.
They rarely charge you with a crime because of these provisions. If they did they would have to prove it! And they usually can't do that. SOSCF is a services agency, in order to provide services they must have clients. Their clients are other people's children, a commodity (their words) worth minimally $90,000, to child protection services a year in compelled contracts. A blue eyed white baby is worth $65,000 in the black market adoption trade (I don't have figures on other races).
Juvenile court is not a court. It is an administrative tribunal, conducting agency hearings. You will never be charged with a crime and you will never be given a trial by jury as long as you are in juvenile court. It is unlawful, it is heinous, it is unconstitutional, but they take the children.
There are 24,000 Oregon children under the "directed care" of the SOSCF either incarcerated away from their families in foster homes or under unlawfully compelled contracts (according to Kay Toran, former administrator of the SOSCF). Either way they are "wards of the state". Some of these children are in the physical custody of their parents. And SOSCF can come and get them anytime they choose - and they DO !
So, if the state has kidnapped your children, you are not alone. The congressional study done for CAPTA (Child Abuse Prevention and Treatment Act) disclosed that two thirds of the children taken from their homes should never have been removed in the first place. When the university of Maine was commissioned to do an audit for the Oregon Legislature, they also reported that two thirds should never have been removed from their homes. According to our own present assessment the unlawful and unnecessary removal of children removal runs better than 80%.
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There are many reasons for this: Corporate Socialism on a Global scale, Global Agreement on Tariffs and Trades (GATT). Germany under Hitler was a Corporate Socialist State. Adolf said the State is the Parent of the Child. Dr. Kitzhaber, governor of Oregon, says the same thing. It is part of Kitzhaber's "Oregon Shines/Benchmarks Goals" programs. SOSCF is a State Agency, Federally funded. A child and it's family are worth more than $90,000 in compelled contracts a year, minimally, bonuses paid for children taken over the quota ! The federal government pays a $10,000 "Bounty" (their words) for "Fast Track Adoption" (ASFA), adopt in a year. A child is worth $65,000 in the Black Market Baby Adoption and Child Pornography trade. SOSCF documents discuss the need to increase the number of children to be removed from their homes in order to maintain the "Funding Stream". Then there are Body Parts. We have witness to and credible reports of children being shipped out of the country by "child protective services" to other parts of the world. Some nations are openly engaging in a white slave and prostitution market, and it is not illegal. Why are American Citizens (our children) being shipped to foreign countries? News reports of investigations in Egypt, Mexico, China and Brazil are reporting the heinous slaughter of children for body parts! As you see, there is a lot of room for graft! And it is reported USA is involved in aborted fetal body parts including organs from partial birth abortions, partially born and their brains
are sucked out while still alive in the womb.
But it is more evil than this. Where there is opportunity for mega-graft, corruption, sadism and pedophilia, one might expect people of the anti-family element of society (Family defined as a Man and a Woman and their issue to fill the ranks of SOSCF in disproportionate numbers AND THEY DO ! If you were a pedophile, a sadist (taking delight in cruelty) a person of monstrous greed or any other that preys on the helpless, sticks pins in babies and tortures cats - Where would you work?
Judge Joseph Ochoa in Marion County, Oregon, and others were found by a Jury decision, in Judge Duane Ertsgaard's court on 4/10/98, to be members of a cabal dealing in the Child Pornography and Black Market Baby Trade and are kidnapping children to supply those needs. We have reams of documents, several confessions, many witness' proof positive and a jury verdict in an affirmative defense verdict that establishes everything we say and more than this. We have the videotape Record of the five day trial and verdict.
The problem is the total corruption of the SOSCF in Oregon and the Juvenile Courts, which is a tribunal, not a court of constitutional judicial Due Process, and the
Circuit Court judges also that cross over into this system.
Everything comes down to a judge: disputes over land and property, divorce, disputes with your neighbor, crime and punishment, your custody, your children's custody and wardship, all these Rights constitutionally protected and any judge that acts as a judge in Juvenile Court is presiding in an unconstitutional court and is therefore committing the crime of Trespass of Treason against your Civil Rights and against the Constitution - THE LAW OF THE LAND!
Now that I have appraised your predicament, let me explain it to you: They have alleged that you have abused your children; they have attacked you and you are not disputing their allegations because your attorney does not put your facts into evidence. And testimony that is undisputed becomes fact. Unless you counter attack - HOW???
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File a Complaint in Circuit Court against: the caseworker, SOSCF, the policemen involved, the judge involved and anyone else who is involved for Racketeering, Kidnapping. Conspiracy, Fraud and Violation of the Public Trust. Don't worry, our book will show you how.
That brings us back to this what to do handbook, Sui Juris, The Truth In The Record. This book is a must have, step by step process for those whose Rights, land,
property, children, have been wrongfully attacked and taken. It is a blueprint and instructions for obtaining justice in our corrupted courts. This book outlines the method I have used in all my court cases.
One final word of advice, take as many people to witness your hearings as possible. When you click on the light the cockroaches flee for the darkness.
And the information in this book is a LIGHT SWITCH.
Chapter 7
What Is Happening To You In The Courtroom
All Rights Reserved - You Did Not Volunteer To Give Up Your Rights
Guidelines for what you can expect to experience in court, with specific focus on child services cases and juvenile courts, being where our experience has been, but the same in all courts at any level and all agencies.
We want to talk a little about what you will experience in the Courtroom, and then we will get into the Process we are using to access the Public Record. The overview I am sharing from experience will be focused on the courts and child services, but the methods and training dealing with actors of the court are the same for all courts and agencies. They use "practiced and polished methods of deception" and that is what it is.
The biggest problem we face as average people, is that we do not know our rights. We do not grasp that the Constitution does not GIVE anybody rights - it protects GOD-GIVEN INHERENT rights and RESTRICTS GOVERNMENT. The provisional government in Oregon is statutory and based on restricting Men and Women and Children's Rights and Liberties. The whole enslavement hinges on a LIE, that Natural Persons VOLUNTARILY agreed - contracted with the state - to be restricted, controlled, fined and aggrieved. Through our licensing, birth certificates, marriage certificates, etc. the STATE exploits the information and uses it to make everything subject to Itself.
This is the SOVEREIGNTY that is YOURS- you are NOT a subject to the STATE or to a KING- YOU ARE A KING ! (Or Queen) in a Republic, united with 49 other states. The STATE, a fictitious entity, has NO SOVEREIGNTY, with all authority inherent in the People, but at this time does not bear the burden of proof and has passed rules to dilute that burden of proof so as to be non existent. The STATE has become the tyrant king, using judges, money priests, attorneys and other agents as enforcers of the money machine. The bar members write the rules, the legislation, the grants, fund their own profit in every square on the board and in every branch, having created a "one hands group" that has dissolved the separation of branches so critical to maintaining a check and balance on corrupt government, and with an agenda in favor of the STATE first and foremost. They have created a way, through deceptive legislation, to violate the Public Trust without appearing to break the Law.
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Those who are profiting from this exploitation are trained, know their process, are organized and have huge amounts of public money to create and keep up a public facade of respectability. We are not told that we are going to be stripped of our constitutionally protected rights in the courtroom. The media does not inform the Public about the horrendous crimes committed by STATE agents, judges and officials, and are covered up within their own ranks quietly, with so-called "internal investigations".
All of the courts are operating from the same statutory basis, and it doesn't matter whether it is your children, or land, or money, or rights being taken, the processes are the same, and the intent of the court is to WIN when the STATE, Inc. is a Party to the case.
Even the idea is ludicrous to allow unchecked STATE control of it's own employees without real citizen oversight. (We know in our own records that a pornographic video of Wills daughter was sealed and covered up by judge Joseph Ochoa, in Marion County, Oregon and no record has ever been produced of the State Police Report that was supposed to have been the "internal investigation" by officer Michael Gower. Judge Ochoa and District Attorney Dale Penn sealed up the videotape to protect the foster mother Hazel Spees and the caseworker Larry Lawson, who made the pornographic video. This judge is still a judge, running for re-election and at this time is a member of the Judicial Conduct Committee.)
Chapter 8
A "Child Abuse Industry" - Not a Protection Agency;
Non Constitutional Courts
A vital tool of deception that is used to uphold the Public Facade is language - intentionally vague words and loose interpretations that keep the true agenda and intent concealed. One of the first misconceptions is that the State Offices For Services To Children and Families are a "protection" agency, or that they "care" about children and families.
THEY ARE AN AGENCY THAT SELLS SERVICES. They DO NOT protect children. The STATE DOES NOT care about you or your children or your family. Only5% of the 1997 budget went to Family Preservation. Federal incentive money does not pay to reunite families, but huge payoffs to the agency for foster and adoptive resources, which cannot be family members. Kinship Bills and Grandparents Rights legislation is ignored. They often LEAVE children in abusive homes and most child deaths involved the STATE prior to the child's death. The STATE leaves them in danger when they SHOULD be taken, and more often, takes them when there is no crime and they are abused in foster "care". In most every incident of a child being murdered, the STATE was involved previously, prescribing drugs, monitoring the family, etc. You rarely hear of foster or adoptive home abuse unless there is a body. When the STATE creates skewered statistics to incriminate Parents for more legislative money to support their child abuse system, they do not distinguish whether Parents are biological parents or foster or adoptive parents.
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When state foster workers are caught criminally, they are moved, the cases settled out of court by attorneys, with no admission of guilt on the part of the state or accountability or liability except monetarily, and the records are sealed up.
They are selling services, just like the name says. They are profiting from their commerce in taking children, selling services to the children and families and selling children in adoptions after using them as long as possible, stringing them on in the forced programs. It is a farce and a fraud, a child abuse industry that has developed, that is being used by the government to render and destroy families, with a goal of families that can be subsidized and children who are so screwed up it will guarantee the next generation of victims.
People go into a courtroom with a preconceived idea that if they are falsely accused, or being violated by the STATE without having committed a crime, that they will go into court and tell their story and all will come out right.
Then they start to wonder if they just got a lame attorney, an insane caseworker, an abusive police officer, arrogant court member or that their particular county employees are out of control abusing the citizens.
When you get in to court you find that the judges do not let you speak, and witnesses in suits who work for the STATE are being paid to destroy you with their testimony. You will hear outright lies in reports of officers and caseworkers, even ex-spouses and rebellious teenagers - anyone who accuses you - and you are rarely allowed to refute the statements.
Usually these statements are not spoken out loud, but are contained in written reports. If you do not have your discovery, and court records, you will never know the lies and fraud being used to destroy you and your family in court. (See chapter on" getting your documents".)
You need to know that you had the right to say NO when the STATE came to your door, and your children had the right to say NO. This does not always prevent the SWAT team from attacking mom as the children are handcuffed and carted away, rifles drawn on babies in predawn raids (right here in Mt. Angel to our neighbors, and in every city, every day, that you do not hear about at all) but sometimes if people are aggressive enough in their NO to these vultures, they go away and "reassess their objectives" and may decide to look for easier pickings for the days plunder.
The first confrontation - you are accused, cited, break a rule.
In most of the Child Services Cases, if the person knows their rights, and confronts the SOSCF in the first hearing, they stand a good chance of ending the case immediately and getting their children back. The Agency routinely takes children without warrants, Lawful Petitions, Affidavit of Probable Cause, and have not "made all reasonable effort" to find relatives to prevent removal of the child.
You must challenge the fact that none of these documents exist, and not fall for the doublespeak of the court to get out of it. The DA will say "we need more time to organize our paperwork, your honor" or "we need to come back this afternoon with the paperwork". You must at that moment, ON THE RECORD - state OUT LOUD - TO THE JUDGE - "Let the Record show that the STATE has no Lawful documents to be holding or to have taken my child". An attorney will not do this for you, or challenge the Lawfulness of the petition or the judges fraudulent orders. With an attorney this would be upheld and your child gone. Even if you do not get the child back, which is the original intent of the SOSCF, NOW you have something to appeal to the higher courts.
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Everything A Judge Does To You - APPEAL !
The courts and the agencies work on fear and intimidation. The judge snarls and threatens, the DA's and attorneys posture, and speak in a language of "confusion of caselaw" and rhetoric. They have no knowledge of the constitution, they are not taught it in school, nor is it a part of the "legal system" as the courts are currently being conducted.
The agencies also run on this fear and intimidation, and use the children as the hostage to their unlawfully compelled service contracts. The parents are threatened, personality and cultural types who are generally assessed as vulnerable already, and threatened that if they are not cooperative they will never see their children again. They are labeled as being "in denial", they are usually never charged or convicted of any crime, never an opportunity to be 'innocent until proven guilty of a crime'. All courts of all types are constantly assessing the vulnerability of the parties, the criteria on which the judgments are made, having no bearing in fact or law.
Any expression of objection with the STATE or the courts is met with retaliation and is called "threatening a state officer" and you are automatically deemed "uncooperative", "disruptive" and "dangerous". In order to confront the crimes of the agencies and courts, you must get past the fear of what might happen to you. We have learned in our own experience and from helping hundreds of families, that they do not intend to give you back your children (or your land, or your money, or your freedom, or anything else that they have taken from you). They are going to take everything they can from you, as well as extended family members, if you can be intimidated and coerced into incriminating yourself and if they think they can get away with it. And if you don't know your Rights, and you let them rape you, THEY WILL! EVERY TIME !!!
You are in the middle of the biggest Racketeering Scheme that you could ever imagine. Really unbelievable, beyond all of our imaginations, and absolutely the truth, now exposed. The methods being used in the court to exploit you have been developing for many years, refining a system of rules written by Bar member attorneys, judges, commissioners and legislators. There has been an agenda aggressively implemented in Oregon, in particular for the last ten years, to control, database and criminalize every citizen possible, for profit to the STATE and the federal spending machine of STATE employees. They are profiting from taking your children to the tune of more than$90,000.00 per child in compelled contracts for every child, and job security in a bureaucracy that fills the foster homes to overflowing with other peoples stolen children.
The agency calls our children a "commodity" for their "human resources" "funding streams" and the fast track adoption programs pay a "bounty" to the STATE to take and adopt out more and more children, with a current emphasis on infants at birth.
The really important thing to understand is that the people who are acting against you have an agenda, and are profiting from every part of the circus they are putting you and your family through. Every person they can get information on, get into the database, assess and force services on, or take their children, is more money for the agency.
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Some STATE agents have jobs that pay them to do nothing but find people to assess everyday, increasing the "outreach" for the "program", "maximizing" federal grants.
Federal money is being siphoned off myriad ways by STATE agents whose job is called a" Federal Review Specialist" to insure that every potential federal money "funding stream" is tapped, often to multiple payments for the same child in the system. This Federal Review Specialist also insures that the caseworkers and officials deceptively create documents that LOOK like the STATE is in compliance in order to receive the federal money. Many times the only hearings you will get are every six months, because this is a federal requirement for the agency to receive their money. They will be unaccountable for months in between while they hold and terrorize your children, then often hold "star chamber" in the back room "hearings" off the record. The courts are so bold now as to call these "status conferences" - a name for a corrupt, unlawful practice that happens in every case if you give over your rights to allow someone to represent you.
Everyone in the courtroom works together against you, as well as your own attorney. The judges and attorneys and DA's conduct 'back room' proceedings and will hold secret 'hearings' that you will not be told about, and no Record is made. They hold these 'star chamber' sessions, and exchange bribes and collude together, as corrupt as can be, and what they do in the courtroom has no bearing in truth, as the real decisions are made before hand in their closed meetings. They live in the same county, usually, and work together and will not aggressively defend you. Your attorney and the DA will "wink, wink" to each other as they play their scripted parts for their rewards, and to insure that everybody makes the system work. They will say "your honor" and "Mr. so and so", to each other, when they all know each other and they are acting like strangers to deceive and intimidate you, it is all a bad acting job.
It is vital to know how and why you cannot trust these trained people. Judges will act like they are concerned for you, and then stab you in the back, guaranteed, at the end, if the STATE is a party to the case. Attorneys will not defend you, will not object to testimony that incriminates you that is not credible evidence, allow hearsay to go into the record, will not let you speak and will not speak for you. The attorney does not inform you about your case, nor warn you to protect you against self incrimination.
Routinely, if you do not know what is happening to you, the DA will be threatening you with a plea bargain to some lesser "crime" without anyone having charged you with any crime "yet". They will tell you things like "the DA will evaluate the evidence and decide if he will call a grand jury - often this is a bluff designed to frighten you to take the attorney and plead guilty on a plea bargain. Do NOT allow the court to draw and entrap you into self incriminating by fear and intimidation.
.Assert your Rights! They hang these threats like a sword over your head, and many people have pled guilty to accusations that were lies, out of fear. The attorneys tell them to "take the plea bargain", "that is the best you can hope for". The children do not stand a chance against these fearfully coerced "admissions" and "disclosures".
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Once a person pleads guilty to anything, or "admits" any past or present fault or incident in their lives, the whole incrimination opens up and the slander that is now in the record is permanent. Again, if people know their rights, they will refuse to answer questions that are self incriminating and that the DA has no right to ask - but your attorney does not object. People are hugely deceived when they are told that any database is confidential. The STATE shares all information with every other agency, but will not disclose this to you. Once it is in the record, it is used against you permanently unless you confront the unlawful way the court acquired the information, allowing you to incriminate yourself and not protecting you. That in itself is a violation that is an appealable issue that happens consistently in courts of no due process.
The important thing to remember is that everything the judge does, you immediately appeal into a higher court. (See chapter on filing an appeal). If the judge retaliates and arrests you, this actually works in your favor, as now you get a jury trial, having been actually charged with something.
You need to be fearless; in the courtroom controlled, focused outrage, like you really feel, not suppressed and victimized in the system. You learn to make a Record of facts that incriminate your abusers. You are careful not to be emotional and get caught in their trap to make you angry and self incriminate. You stay focused on the facts they cannot dispute and stay on track. You get your documents and prosecute your own case. You have rights that the attorney does nothave. He is a corporate statutorily limited representative. You are not. You are a Sovereign Child of God, with in-a-lien-able Inherent Rights that were laid out in the Bill of Rights, and the government is constitutionally restricted to interfere with your sovereign rights.
Chapter 9
The Public Record
is the only REAL thing happening in the courtroom
Every day we get calls from new people across America who have become entrapped in a web of courtroom deception. The methods of the government are so similar in every state that the stories of abuse are nearly identical, and all unbelievably corrupt.
People feel like they are in a Twilight Zone, or like Alice through the Looking Glass where everything is upside down, what is right is wrong, lies are upheld as truth and Due Process is replaced by a game of rhetoric where the tyrant king/STATE wins every time. People know they are being deceived and abused, but cannot figure out the picture of the web in which they are ensnared. They say "it is so bizarre", "it is like there is some other agenda going on", "some unknown motivation", and they are absolutely RIGHT!
The people tell us horrific details of abuse that their families have endured. We talk for hours about their case, what is happening to them and what they need to do.
After hearing the details of their story, I ask them if anything that they have just told me has gone into the court record. Invariably, not one word of their defense has-been presented in the courtroom. It is always the same - "the attorney told me I could not speak", or "the attorney said if I speak they will walk out", or "the attorney said if I speak I will be confronting a judge and will lose my case" or "the judge said I could not speak" and "the judge said I cannot fire the attorney" and "the judge said I can only speak through my attorney" and "only an attorney can get court records", and more.
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Every one of those statements is a bold faced LIE, and the court and the attorneys and caseworkers and officers know it. The truth is you are in the middle of a big facade - tragedy in Real Time. The judge and members of the court are actors, in a play with scripted parts, but you don't know it and for you it is no game.
You are the unsuspecting "Special Guest", and the one being exploited in their game. Think about it- how could the court be unbiased when EVERY member of the court works for the STATE, or is licensed by the STATE or is subcontracted to the STATE. It is a conflict of interest for any attorney to sue the STATE and be paid by the STATE at the same time. This means EVERY child services case, and this is exactly why attorneys will not defend you and will not file a lawsuit to confront the abuse for you. In the Justice Department in Oregon, in the Attorney Generals Office, there are more than214 assistant attorneys general who are paid to prosecute Citizens to defend the STATE. Who is the STATE, if not the Citizens? Who is this army we are paying to destroy us if we demand Lawful redress of grievances after being criminally abused by a public employee?
It is essential that preconceived notions are abandoned, and understand that the attorneys and judges all belong to the Bar Association. They are insured by the same insurance funds, share in the same corrupt slush funds of misappropriated public money, all kinds of payoffs have been exposed and quota rewards for 'successfully completed' cases and for guilty verdicts. They will protect themselves in every case first and foremost. They play a game according to a script, recipe book, a Process, that has nothing to do with Law, but everything to do with Statutory Process that they have written for themselves, are profiting from and are unlawfully enforcing as "law"..
Chapter 10
All Judges and Attorneys belong to the Bar Association
No Bar Member is allowed to confront another Bar Member- NO Attorney
will confront the system that feeds them, or expose the Judge's Lies
Most cases involve judges upholding violations of due process in the very first hearings against people, and from that point on, for the case to honestly be heard, the
corrupt orders of the judge must be confronted.
A perfect example of this is the shelter hearing used to take children away from their families. This hearing is held within three days, sometimes parents are not notified, and a judge will keep the child by creating an "order" that has a box checked off that "all reasonable effort has been made to prevent the removal of the child from their family". In reality, for the agency to be compliant to receive federal money, the law says they must show by written affidavit that all effort has been made to prevent the removal of the child. We have never, even one time seen such an affidavit or proof of any effort, and we have seen many cases where a child was taken with no effort whatsoever to contact the other parent, often taken even from school. These "orders" are usually unsigned, stamped with a judges signature and we have seen stacks of them.
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We have NEVER seen corroborating affidavits, nor any evidence of what those "reasonable efforts" were, and often the order is an outright lie. Usually, no reasonable effort is made intentionally because the agency receives money NOT to return the child to its family. In our case and other families who tell us how no family member was even contacted before the children are taken. But the judge orders it, and now in order to say the court never had any evidence and no lawful warrant or affidavits, the original lie that the judge made must be confronted.
At this point you have already gone beyond the limit that an attorney will defend you. If he tries to aggressively push the court in your defense, he will be held in contempt, and if he continues he will be disbarred. These are not speculations, but years of experience and learning from attorneys who openly admit this is why they will not file lawsuits in the child services cases. Attorneys privately tell people we know, that it would ruin their career to confront a judge. They say that they would never be able to plead another case in front of that judge, and the retaliation is absolute for exposing a fellow Bar Member. We have heard of attorneys telling people that they are not being paid enough to go against the child services agency to defend them. We have seen an oath that they take that says they swear to their brothers first, the court next, the client afar distant priority.
We often hear of attorneys telling people we are right, and that it IS kidnapping the way the STATE has taken their children. The attorneys tell the people that they should charge the STATE, but say "don't ask me to do it".
They know the court is STATE biased; that all the neutrality has been abandoned.
The attorney knows the judge will not allow him to confront the corrupted system, and he knows that this is what would have to happen to aggressively defend you and your children.
So, instead, the attorney gives an illusion of working for you, whether he is STATE paid, or whether you are paying huge sums of money makes no difference. (Except usually if you have huge sums of money, you are not targeted in the first place by STATE exploitation, who assess victims according to vulnerability and lack of ability to fight back.)
They do as little work as possible, ensnare you into the STATE plans and unlawfully compelled forced service contracts and never appraise you of your rights. Then, when the court finishes abusing and terrorizing your children into submission having kidnapped them, calling this making them "adoptable", and terminates parental rights, the attorney says he did what he could, and often quits the case. The attorney will rarely file an appeal, and even if they do, it is a pathetic document that does not confront anything real. They absolutely do not challenge the unconstitutional statutory practices or your Rights violations by the agency. And at this time in the Oregon Court of Appeals there is a near 100% "affirmed without opinion" that upholds the SOSCF trial, or is reversed in favor of the SOSCF if the parents by some miracle won their cases.
At this time in Oregon, attorney Michael Livingston on the Law Commission stated opposition to parents having the right to appeal termination of parental rights orders.
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They are at this time "streamlining the process' to more easily facilitate the taking and permanently adopting out of children on a quicker scale, with less rights for the parents to get them back. Livingston stated it would 'cost too much' to turn around the adoptions from parents who would win on appeal. The arrogance of the robots is evidence of their inhumanity. Using this Process, we are insisting that our Rights are restored to us, our Authority returned along with our children and property. More of that will be discussed in the chapter "filing an Appeal".
The STATE has no intention of letting you "win" if you are challenging their "authority". You are not in a lawful court. When you learn what a court is supposed to be, what a court of credible evidence is and what your inherent Right of Due Process means, you understand that something is terribly wrong when a judge can conduct unconstitutional courts. A court is simply a place to make a Public Record. That is the key, and what is most aggressively blocked to the People on trial in the courtroom.
The Legislatures have created new non constitutional courts as part of the Justice 2020 (you can see their plans right on the web under that title) "Community Courts of the 21st Century". They also call them "small world courts", as they are model versions, perfected in Oregon, made National in 1995, the International Statutory Criminal Court established in 1999 through the United Nations. Their goals are courts of no Record at all, no Due Process whatsoever, no Bill of Rights, no adversarial litigation or confrontation, everything a consensus, a mediation, a "partnership", an assessment, a fine and a rule. They call these non constitutional tribunals names like Family Court, Peer Court, Juvenile Court, Drug Court, Mental Health Court, Municipal Court, Arbitration and Mediation courts, Community Courts, and new ones created every day, it seems.
These are non constitutional courts of no lawful judicial due process, called Courts of 'limited jurisdiction'. There is no Lawful, Constitutional provision for courts of no due process, and the Legislature has no authority to create unconstitutional courts.
The whole court is manipulated, with trained actors in different roles who "act judicial" but who know among themselves that they are not being authentic. It is especially disgusting once you realize that all the gesturing, the "all rise" for the judge, the language that no one can follow, is for show. It is meaningless, and if you courtwatch, you realize that in their game, no one speaks the facts. It is not uncommon to sit through hours of hearings and never hear the facts of the case at all The talk will quietly shift back and forth about motions, and witnesses will testify with hearsay and opinions, no facts or credible evidence at all, and no one will object. Absolute lies are told, which the "defendant" knows are lies, but the attorney does not dispute the statements nor allow the defendant to speak. We have participated in 5 day jury trials where at no point was the Law read to the jury that was being used to charge the defendant, no mention of Law allowed. This is another word game, where the Judge says "you will reach your verdict accordingly as I instruct you in the Rule of Law" and we have learned that "rule of law" is a statutory instructed verdict, that has nothing to do with the Law, which is the Constitution and they are the only authority to decide the facts and the Law. The court does not allow any Law at all to be read in front of a jury, and we are stopped every time we try. We still manage to get a lot in by saying it before the judge can stop us - you must fight the whole way to make the statements on the Record that expose the fraud, and that they cannot dispute, and that you get this past the prosecutor who will block you.
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Chapter 11
Undisputed Testimony Becomes Fact
One of the Key elements in the way the STATE plays a game to prevail in court, unknown to most people, is the basic premise in the court that undisputed testimony on the Record becomes fact. If you do not speak, and dispute and object when the lies are told, these lies, undisputed, become fact. It is no different than if someone says "you broke the window" and the natural reaction of an innocent person is to say "I did not break the window", yet, in most court hearings, wild slanderous allegations are routine, the attorney does not dispute or object, and does not allow the defendant to speak or defend themselves. The People always KNOW that it FEELS wrong as they sit in the courtroom and these lies are not disputed, but they are threatened by the judge and their own attorney not to speak.
This is one of the vital importance's of insisting on speaking the Truth in the Record, and another reason why Sui Juris is so vital, not to have a parasite attorney attached to your name and your rights. The non-constitutional courts today, in particular the SOSCF tribunals called Juvenile Court, routinely allow hearsay reports of police and caseworkers, attorneys and foster parents, to be admitted in written form to manufacture a slanderous paper trail, call this "evidence" and then use this to justify taking the children.
Most people never see the records in their casefile, attorneys do not let them see their paperwork, do not get the people's discovery for their defense, and often judges and agencies tell attorneys and defendants they cannot have the records. Then the people are told it will cost them money, if they do get records. A lot of money - transcripts are thousands of dollars. When the attorneys do get the court records, they do not share these with the families, who rarely know anything about their cases in the court except that they are being screwed and every time they reach one hurdle, the bar is raised higher and more plea bargains, programs and services are being "offered", and if you are paying the attorney, there will always be a lot more money necessary to continue to 'help' you.
The People are being prevented from speaking, and not knowing the contents of reports being used to slander and incriminate them, the people have no opportunity to defend against the lies. When the casefile is opened by an advocate, or well meaning Senator, or Ombudsman, all that is seen are these malicious reports, which are designed to immediately repulse any person to doubt the integrity of the defendant. The reader's viewpoint is colored immediately, permanently, adjudged guilty, and never being allowed to defend his innocence.
The job of the attorney is to prevent and avoid all confrontation with the judge, and to prevent you from creating any confrontation either. When the lies go in undisputed, and no confrontation appears on the record, then all that goes up to the appeals court is a record that slanders you. The Court of Appeals sees no irregularities, even when the case is absolute lies and fraud, if you did not insist that your truth got on the Record about being abused, coerced and violated by the courts and agencies.
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All that goes up to the higher courts is the Record. Whatever you are going to put in the Record must be spoken in the courtroom in a court of record out loud or you cannot be sure it is made part of the record. If a judge refuses to allow you to speak, you must say "then I am going to make an OFFER OF PROOF for my appeal". This is most important to remember, the 'magic words' you have to say, in order to force a judge to let you get your facts into the Record. Often judges will "lose" your motions, and if attorneys write them, once again, there is no confrontation with the facts spelled out.
Some judges will say written motions were not 'put into evidence' when you filed it timely, anything to block you, if their goal is for you to lose. Unless it is spoken, you cannot be sure it is on the Record, and if you walk out of a hearing and things were not said that needed to be said, then the words simply are not there. No amount of excuses matters as to why you did not say what you were supposed to say, it is just a fact that your side is not there. The second best thing is to write a Motion describing the hearing, and get your info into that motion. But this is still not the ideal. The Truth in the Record, facts that they cannot dispute, is the key.
Chapter 12
Prosecute your own case
Make the Record of Crimes against you.
Two things must happen first in order to begin pleading your own case and prosecuting your case yourself. You must gather the facts in your case, and file for your documents, so you will KNOW all the facts that are being kept from you by the courts and agencies. You will start with what you know, with the documents you have, you will file to get the rest, and you will do this yourself. (See chapter on FOIA).
Most people who contact us are completely overwhelmed and emotionally distraught, drained and beaten down by the time they hear about A Voice For Children and call for help. Many of the prisoners, tell the same story of no defense by corrupt attorneys, how their story never got in the Record. They write to us and tell us we are their only hope, and we know it is true that there is no Due Process and they did not get fair hearings. As I said, most people have never been allowed to have their day in any honest court, and usually are not allowed to speak.
The first part of building your case will be a great release once you write down all of the details and events that have been in your mind like a storm day and night, with no real way to release it. By organizing all the events, you can let it go somewhat in your mind. You will now have a document that you will read into the record; will file as an affidavit in a Motion on your case; you can send copies everywhere to authorities and media; you are beginning to build a document record in your own defense as you write your own Motions.
You want to write your story with FACTS. NOT OPINIONS. Try not to be emotional, just state the facts just like a reporter. Write it in chronological order, dates.
"They did this, then they did this, then this happened", etc. If you do not know dates, say "on or about" but get everything you know about onto the paper. Be sure to name names, or use "john doe officer" if you don't know names, but describe everything that has happened to you and your children.
Include all violations of court processes, if they did not give you your papers before court, or witness lists; lawful summons (we will cover that in another chapter about "courts of evidence"). Include all persons that you know are in any way connected with your case or your children.
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Chapter 13
Filing your own FOIA
Freedom of Information Act Request
Get Your Documents - Be Persistent
At the same time as you are compiling the names and events of your case, you will want to file a Freedom of Information Act/Privacy Act Request to begin getting your documents- court records and discovery. This is a paper that you file yourself on every party that could have information about you or your minor children, as well as your court file.
Appendix A and B is a sample form of a FOIA Request, and a copy of our own Demand for Discovery from our cases.
There is no special format for this request, and it is important to structure the document so that all of the requests of different parties are included in the same document so that those you are petitioning see everyone else's part. Often one party will be afraid that another party will produce a document that they both know will incriminate them, they are guilty as they know they have committed heinous crimes, so they are afraid not to produce the documents. These actors are used to being completely protected, conducting their crimes without any scrutiny. They are not used to the documents being allowed to go to their rightful owners. When all of The People are allowed their unadulterated records, as is their right, it will have the same effect as a massive audit that the government refuses to perform on the agencies and courts, whereby the contents of the records will be exposed for all to see.
An important note is that if an attorney quits on you, he is required by Law to turn over the whole file to you. He must do this anyway, but if he quits, the legal term is that he cannot leave you in a position where you cannot defend yourself, and if this has happened to you, it is an appealable issue in itself. When you file your FOIA you serve it on all attorneys you have dealt with, as well as everyone else.
The bottom line with the Records is that if it has your picture, name, fingerprint, any print, or signature it belongs to you, and also for your minor children, their Records belong to you. We use all of the sites, as you see on the sample, federal and state, as well as Parents Right to Know being Paramount. We have a letter here in Oregon from a judge who said "as parent you get all your documents" and also that the discovery is going to be used for the Public Right to Know the methods and operations of the courts and agencies from the evidence produced in your case.
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There are a number of great websites under "Freedom of Information Act", that have helpful information. The main thing is to write it, and deliver or mail it to all the
parties. They will fight you to keep your records from you. Judges will tell you you are not allowed to have your records. Judges will block court dockets, hearings and filing information routinely. Judges will tell attorneys they cannot have records. State agencies will block every way they can to keep your records from you.
As with everything else, you have to be adamant that you know these belong to you lawfully, and you will stop at nothing to get them. And you will get them if you are relentless and persistent, or you will get at least enough discovery to incriminate the STATE case. We have huge amounts of our Records and Discovery, and others we know who have been persistent are getting their Records. You must do everything in a document, and you will follow up your discovery demands with default motions when they fail to comply, which will be dismissed, but you are building a document record.
You can eventually file lawsuits for contempt for agencies and courts failing to produce full discovery "necessary for the defense of the party". One advocate in South Carolina recently won a contempt against a city government for failure to produce discovery in the Public Interest.
The courts are very much aware that to bring you into a court without documents and discovery, and proceed against you, is highly unlawful, although they do it everyday. Since most people only appear with attorneys representing them, and give up their sovereign rights, rarely does anyone even know about "discovery", but that has all changed now. The agencies are so out of control now that they are routinely shredding records that belong to the children and families, and altering documents to conceal evidence of multitudes of criminal activities.
Chapter 14
The Process for the People to Access the Courts
The Process that we have learned, developed and that we have used to confront the assault against us, is a very simple, no nonsense approach. As the beginning statement said, there are other approaches. But what we know is that the court is the key to where the changes in society take place. Everything taken from you happens there, in front of a judge, in a courtroom, and that is where abstract rules and laws intersect with peoples lives. Even a president ends up in front of a judge. The courtroom and opportunity for redress of grievances is a "safety valve" for society, and that by blocking access to the Public Record for citizens, a powder keg has been intensifying under increasing pressure for a long time, and is about to blow.
The opportunity for redress of grievances in a civilized culture is also the prevention of war as a solution against tyrannical government aggression and domestic
violence.
It has become evident that the judiciary is the pivotal element in the corruption, participating or at minimum compromising while peoples lives are destroyed in a judge/attorney profiteering system. Once this was exposed, the next step was "how do I get into the courtroom and confront these crimes that have happened to us on the record?
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There are a couple of approaches, and I will describe them. You will want to file your own Motions in a case already in effect, start a new case by filing a Complaint, file injunctive Writs- all are filed in the courts, establishing a case number, and starting you on your "incredible journey" through the sewers of the corrupted "halls of justice".
Filing the Complaint
The most effective way to proceed, and the Process of filing a Complaint and then following it up a month later with a Summary Judgment on the facts, consists of a few basic parts. You send out tort claim notices, then you write your Complaint, you take it down and file it at the courthouse. You serve it on all parties. You wait 20 - 30 days (depending on your local time computation for filing schedules - you will find such information under Rules of Civil Procedure for your State or Federal). After the appropriate time, you file a Motion for Summary Judgment, which is a "show cause" hearing where you lay out your facts and the other side has to oppose your facts, and denial is not enough. You request an oral bearing, with an unbiased judge who has not been on any of your cases before.
You take an army of people into court with you, at least never go alone, the more people the better. You want enough people to let the corrupt judge know the group is not going to tolerate a sham proceeding. You present your case yourself, using the Complaint and Exhibits you already put together when you filed the Complaint. You state your case, and if they cannot dispute your evidence, you go to a jury on damages alone. The evidence will become fact and the jury will consider monetary and injunctive relief for you.
This is really the whole Process in a paragraph, but there are more parts as you get into your case, and if you have more than one case going, as we have. The Process outlined above is what we did on January 5, 1998, when we filed a Complaint.
Appendix C is a copy of that Original Complaint as it was amended later in 1999. The actual Complaint is much longer, and we have included a sampling of defendants so that you can get a feel for how to state the facts against your defendants.
As you can see, it is plainly written, clear and easily understood. It will require some work on your part to figure out which laws apply to your case, but it's always racketeering. Collusion is conspiracy and racketeering of "two or more conspiring for profit or gain" "actively" forming a "criminal enterprise" against you, and every case has a whole network of individuals who have conspired together to prevail in court. Their intent is to destroy even the thought that you would consider disobeying the agency or a judge and contemptuously demand your right of Due Process in the court. The list of violations in our Complaint probably applies down the line in nearly all of the child services Complaints, and you can read the laws in your State and see which laws apply to the abuse you have suffered. You will discover, as we did, that the laws are there to protect us, originally, but that they are not being enforced against abusive State employees and elected officials like they are against the common man. In particular, your Constitutional Rights have been stripped, and you want to scream about the lack of Due Process and Deprivation of Rights and Liberties being suffered.
Remember, this is ALL about reclaiming your rights and demanding the court allow You Constitutional Judicial Due Process of Law.
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The Court Cannot Deny Your Petitions for 'Want of Form'
or 'Insufficient Process'
All it has to be is 'as any reasonable person can understand'.
Be Persistent ! Do not take NO for an answer !
The judges and attorneys know that they are, by law, to be very careful not to exploit your Sui Juris status, but they will exploit you as much as you let them or you don't realize what is happening. We have heard judges say "why, you don't expect me to hold you to any less a standard than this attorney, do you?"; or, "don't you think I should hold you to the same standard as this attorney?"; and many people believe the judges lie, and their confidence is broken to trust themselves that they will know how to proceed. This is another judge LIE, and like the other lies you will be assaulted with, stand up to it. We don't put a lot of credence to caselaw, as they will use caselaw to defend anything they want to do. But the following caselaw should go into your paperwork, important to use to make clear and certain that the court is knowing and that everyone agrees that the court is knowing when they violate your rights.
"And be it further enacted. That no summons, writ, declaration, return, process, judgment, or other proceedings in civil cases in any of the courts or the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of form in such writ, declaration, or other pleading, returns process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any, time, permit either of the parties to amend any defect in the process of pleadings upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe (a) "Judiciary Act of September 24, 1789, Section 342,FIRST CONGRESS, Sess. 1, ch. 20, 1789
Due Process provides that the "rights of pro se (Sui Juris) litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unfamiliarity with pleading requirements" (Spencer v Doe, 1998; Green v Branson 1997;Boag V McDougall, 19982; Haines V Kerner, 1972)
"Right to proceed pro se (Sui Juris) is fundamental statutory right that is afforded highest degree of protection" DEVINE V INDIAN RIVER COUNTY SCHOOLBD., 11TH CIR. 1997
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Writing your Complaint
You list each party, and be sure and include every significant person who has been abusing you and your family, or who has knowingly helped, aided and abetted others to violate your rights and perpetuate lies. Include every KNOWING party - Judges, attorneys, caseworkers and officers, supervisors, the Attorney General, the Supreme Court, and the Governor, if they are KNOWING of your abuse and have refused to act to protect you. List the crimes, as shown in the example. You state your facts, put on your evidence, and attach exhibits to back up your statements. You start with what you have, and will subpoena more documents.
You can file with the exhibits at first or add them later. We originally filed the exhibits with our Motion for Summary Judgment later, but the STATE will try to say your Complaint "fails to state a claim". This is a meaningless, diversionary judge catch-all phrase, a deception on the language by which the court is rendering you. If you attach the exhibits to the Complaint in the beginning, the Court cannot use this one on you. Your evidence will be right there in the Complaint that the STATE cannot refute.
You will get a lot more evidence as you start getting your court records and discovery. The main thing is that you are setting forth the facts they cannot dispute.
The whole Sui Juris Process we are sharing is about being being up front about everything you are doing. You WANT the whole government to know that you are fighting for your rights and Due Process, and they can see if you receive it or not, as you go into court and shine a lot of light and make a lot of noise publicly about what is happening to you.
File a Notice of Tort Claim
Send each party a "Notice of Tort Claim", Appendix D and E
Filing Your Complaint
Attach a Certificate of Service
Serve on all Parties and the Court.
The Tort Notice simply states that a legal action is going to be served on them at a future time. A tort claim is not binding, but insures your right to sue later on, generally within two years of your knowledge of some event. With fraud, there is no statute of limitations, and it is always fraud. Send this to all parties before filing your Complaint.
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You write your Complaint, with a "Certificate of Service" attached to the back and list all the parties and their addresses you are serving with the Complaint. Now you take it to the County Courthouse. If you are poor, you ask the Clerk for their forms for an "indigency waiver". Be sure and make more copies of this, because you will use it alot, if you are indigent. Give as little information as possible, saying N/A on most questions, but let it show you do not have much income (EVERYTHING you say about yourself at all times WILL be used against you, and sooner than you think. You answer as few questions as possible, and they know they have no right to ask). You go to a judge in the courthouse, any judge, ask a clerk to help you, and have the judge sign the indigency waiver. This is usually routine stuff. After this is filed, it will be free for you to file Motions, and court cases and demand transcripts and documents for free. If you are writing Motions in a criminal case, you do not have to pay to file your paperwork, nor should you have to pay for any Records if you are indigent.
After you get the Indigency Waiver signed, you go back to the Clerk and they will give you a case number, and usually appoint a judge. Be sure that the judge they appoint is not a judge you are involved with in any way, or one that you are naming in your Complaint, or you or any family member have had any dealings with previously.
If they try to insist that you have no right to pick a judge, tell them that you will file a Motion to Recuse any judge with a conflict of interest. Get the court to stamp some extra copies with a court date/filed stamp, and you leave as many at the courthouse as the Clerk says they need.
You make true copies of the Complaint using the date stamped copy, for all Parties named. You have someone serve the Complaints or pay a Sheriff or process server or anyone over 18 in most states ( you cannot serve this original Complaint yourself, but all future Motions can be served by you, or mailed) You use a standard SUMMONS (you can get this at an office supplies store that carries legal forms), and attach one and keep one for each Complaint you serve.
After all the Parties are served, you file the filled out Certificates back into the court showing that you have verified service on each party.
In some states you can also use Certified Mail, but hand delivery is better. Office serves are fine, and one important tip for Process Serving is that you NEVER walk out with the document if they refuse to take it. If you are certain that you are in the right office, or house or whatever, even if they refuse to tell you their name, all you have to do is be able to describe the person you left it with at a certain address, (write this on the Process Serve) and you leave it on the desk, or on the ground, and WALK AWAY - do not turn around, and say clearly "you're served". You make two copies of each process serve paper, and paper clip one to the Complaint and keep the other one, on the back writing in the pertinent information. After you serve all the parties, you make copies of your signed certificates, and file the originals in the court. After the last party is served and you file the process serve papers (the originals go back to the court file, very important to file them all properly, as the courts love to dismiss everything saying you had "insufficient process". You have to wait twenty days for the other side to answer.
The time may vary from state to state, but in Oregon, after twenty days, you file a Motion for Summary Judgment in your case. Appendix F and G shows you what this looks like, a format and a sample of ours. Under rules for Civil Procedure (check your state version of this) the Summary Judgment hearing is where the court looks at your Complaint and Exhibits, and the other side has to dispute your Complaint, and denial is not enough. They must give written opinions, with affidavits, to dispute material facts that are set out in your Complaint. If they fail to do so, you are to be given Summary Judgment, and your case will proceed to a jury on the damages alone, having established your Complaint as undisputed facts on the record.
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The STATE will routinely bring in Motions to dismiss your Complaint, based on process, not substantial fact. The Attorney General's office will move to quash automatically all subpoenas of adverse witness state employees and officials, attorneys and judiciary - they will say all of the state employed people who have abused you are immune from prosecution and cross examination. You go in to that courtroom with one goal - to make that Record every time and you do not care when the judge dismisses your case - you will appeal everything he does and you will tell him so on the Record as he is doing it. You are building your defense and he is incriminating himself on the Record for all to see his corruption.
In any real world, undisputed testimony would be the end of the story - the facts would come out and if you are innocent then there would be victory for the abused party, restitution and prosecution of those found to be committing the crimes laid out in the Complaint, crimes they have been found guilty of with the affirmation of your Complaint. But in our experience, and others who have been developing this Process, there is no honest court who will stand and say it is so corrupt or admit any part of our case to be real, and you can expect wildly varying responses by different judges. This is changing as we grow in awareness, and the People are saying enough is enough, and public servants are being reminded who they work for.
Take a Crowd into the Courtroom Every Time you Go! Never Go Alone or let someone else go alone.
The next primary element of this Process, is to take as many people as possible into the courtroom with you. The key to succeeding in getting your story INTO the Record is that you are able to stop the judge from shutting you down, stopping you and blocking the Public Record. The only thing a judge fears is public exposure, and this is the key. You meet the group early at the courthouse, you get focused, tell them what is happening in your case and what you are going to be doing in the courtroom.
You need to reach out in your communities to others who are being abused, and form groups of court watchers. You work together to be witnesses for each other, and work together to make media and newspaper publicity, also to form protests and rallies.
You want to generate as much "light and heat" of public exposure as possible. Tell the people DO NOT stand up when the bailiff says "all rise" and if the judge makes some remark about it, like "do you have some problem why you did not stand?" you straightforwardly say "I do not stand in corrupt courtrooms" and sit down.
Sometimes people get thrown out by extremely arrogant judges, but if you do, you will write that in the article that you will be writing about your hearing and what happens to you. Or, you might stand and make a point by saying "in honor of the defendant I will stand". Everything they do to you, you will turn back on them if you follow this Process.
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If you do not file the documents, and get case numbers and file Complaints, you are a tease to the judges, and you have no clout. Some of our advocates are in jail right now because they have not, even with all their knowledge of Law, filed the Complaints, making public the incriminating facts against their abusers, leaving them extremely vulnerable to the schemes and plots of the corrupted DA's, attorneys and judges.. It is dangerous to talk, and expound, and not follow up by doing the things you say you are going to do publicly to bring accountability. Only in filing the documents, making the Record in the courtroom and exposing it in the media does it work to confront the corruption. The rest is talk, and does not change anything.
Every part of this Process that we are conveying is absolutely critical to the success of you getting your case into the higher courts with any kind of record that will expose your abuse. The people in the audience, who know your story and are angry at the injustice they are witnessing, are a KEY piece to making the judge allow you to access the record for as long as you need, without cutting you off and diverting your train of thought. Then you always get a copy of it right away. You must ALWAYS get your tapes and transcripts immediately - do not let them "cut and paste" with your transcripts and records, and you better believe they will - your records will also conveniently "disappear" if you don't get them right away. You have to be vigilant about every detail of your case, like no attorney will.
There is no such thing as an "unimportant" hearing, now that you are prosecuting your own case, as every opportunity to make the Record is another victory for you if you take advantage of it. If you do not, you cannot hope to keep up with the assault they will be intensifying against you. One of the biggest problems is people have no experience in court to understand that they are doing - each hearing gives you more confidence and experience. Be thankful every time you can make the Record and build your case against your abusers. They will more than likely, call all kinds of hearings instead of your Summary Judgment, and the STATE will move to dismiss your Complaint on their corrupt process every time. This does not matter, because as you have learned, any judges order can be appealed, and remember, you are MAKING THE RECORD of what has happened to you and your family. No matter what they do, you DO NOT STOP. If they dismiss saying you cannot file again, you file again anyway. We have found that just like the courts make up their own rules as they go, and that there really are no rules at all, just about everything we have done we were told we were not allowed to do, and it has worked wonderfully. When you know it is right and that you are acting within you lawful rights, you stop at nothing because someone told you you could not or are not allowed.
Righteous Civil Disobedience is the highest form of Law, said Dr. Martin Luther King in his inspired "Letter from a Birmingham Jail";
"..... One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced
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superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience. We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws...."
One of our buttons says "Say No To Corrupt Judges" and that is exactly what you must do. We cannot compromise anymore. You cannot aggressively confront something while timidly letting the whores have their way with you.
Chapter 15
Making the Record
Stating Facts and Insisting on Speaking.
The reason this book is called "Truth In The Record" is that this is really the key to the courtroom. This is the core of the whole Lawful Process that insures you a fair hearing in an unbiased courtroom, among a jury of your peers, and a room filled with courtwatchers, to see that your rights are upheld. That is what a court is SUPPOSED to be.
The important image to grasp is that it does not matter WHO is sitting on the chair at the altar of the court. That judge is a PUBLIC SERVANT, an unbiased referee, there only to maintain decorum and order, while you, the People, make your Public Record.
He is supposed to be unbiased to a jury decision. That is ALL he is supposed to be doing ! This is NOT what you experience in the courts today. Judges today are trained to be biased, tyrants used to making up the rules as they go, arbitrarily, and there has been no real oversight to stop them. The courts are not based in Law, but in practices and no Constitutional Due Process is in place.
Discredit the Slanderous Accusers - Subpoena Your Adverse Witnesses
At least ten days before any important hearing, you want to file your Motions, and you will also want to Subpoena the ones who are accusing you into the courtroom to testify. These are your opposing caseworkers, officers, attorneys, also any officials who have knowledge of your case directly and are knowingly allowing the courts and agencies to violate your rights or protect criminal public servants.
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It is not enough that you are provided a witness list, along with the rest of your discovery that must lawfully be provided at least ten days before. You want to write your own subpoenas to insure they will stay after they appear for the state. You will cross examine these people yourself, and ask them "isn't it a fact that you said such and such, and isn't it a fact that you, and you question them that way. You do NOT ask open ended questions, like "why did you do this"...... You also do NOT argue with the person you are cross examining. You make them commit to a statement, on the Record, and then later you show how that statement is false or misleading, but at the time you just keep asking questions. You make the court discover to you all of the Records being used against you, and you then question the authors of these Reports about their truthfulness. We have had three police officers and a police chief perjure themselves blatantly under cross examination, and you will ask the truthful questions that no attorney will ask, and insist on confronting your accusers openly.
It is extremely important that you do this, to make the officials who should be protecting you and prosecuting the criminals, be accountable for their silence. A form and sample Subpoena is Appendix H and I. On this, and some other process questions, you need to refer to your state Rules of Civil Procedure on differing state procedures. The bottom line, Sui Juris, is that you documents must be clearly written and clear in stating your intent. The court is not to deny you because you failed to conform to some administrative rule or process.
The bar scheme is called "confusion of caselaw and conflicting legal theories" and we do not play that game in the courtroom. It is a facade to keep up the appearance that you need their expertise and authority to understand the law. You do not want to try to learn to be an attorney. You are your Natural Person speaking for himself, truthful, factual statements about whatever has happened to you. Sui Juris litigants insist on being treated respectfully, not as victims incapable of aggressively pleading their own cases and fighting for themselves. Attorney pleadings go on for pages without substance, like a preacher who sermonizes for an hour and says nothing of any meaning - you do not do this. Your truth is amazingly powerful and your whole goal is to speak it and enter the Truth into the Public Record.
So, you write your Subpoenas and just like when you first filed your Complaint, someone else must serve the Subpoenas and you keep the process serve for he court, and a copy for yourself. These are not frivolous documents, (nothing you do should be frivolous, we are all accountable for right use of process and utmost integrity in our petitions) and are to be used for those people who have RELEVANT testimony and knowledge of your case. You should have questions written out in your notes when you go into court that you are going to ask them.
Chapter 16
Going Into Court
NEVER be caught unprepared. You prepare what you are going to say on paper BEFORE you go into court as well as possible. DO NOT think that you've got it in your head what you are going to say. I PROMISE you the best and most experienced cannot go into a courtroom without something written down and remember all the important things that need to be said . The judge and the attorneys are trained professionals at diverting you, distracting you, shutting you down, getting you scared and confused and emotional and if you do not have something written to refer to you will NOT cover the facts that need to go into the Record. This is so important that we cannot say it enough. This is why you write your affidavits, and then you can read these facts when you go in about what has happened to you.
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It may seem I am belaboring this point, but I have lost count how many times we have heard people assure us that they have it under control, what they are going to say, and how they are going to get all the important things into the record. Invariably, in the courtroom, they turn to Jell-O and get emotional right off the start, and forget EVERYTHING they were supposed to say!!! I am sympathetic that this happens, but there is no excuse for it, and you will not be able to plead your own case if you let his happen. Again, the reality is that if no one says it, it is not there ! This is a war, the other side strategically entrapping us, and if you do not make an aggressive defense, you will not be able to force accountability by the courts.
Everyone is TERRIFIED, unfamiliar in exploitive surroundings when they go into court. People shake, feel faint, often throw up, but be assured, this happens to seasoned attorneys, too. The richest and most powerful people in the world are the most terrified of judges in a courtroom. We have been told candidly by attorneys, that they are actors coming into a courtroom, often having been paid large sums of money to defend someone. In truth, they are often not prepared, have spent the money but have not done their work and have not even read the case file, but are expected to stand there and look of5cial, play the game with the fellow bar member judges and DA's to work both sides in the courtroom and above all NEVER let anyone know they haven't a clue what they are doing, or see through the facade that the facts, nor the truth, are not important to the court. They shake, their voices crack, their faces turn beet red (tomato heads!), they also throw up sometimes before court- it happens to the best of people. So when you feel these things, realize they are normal, shake them off as much as possible, take a few deep breaths, and get in there and make the Record in your case. The judge will use a lot of maneuvering to prevent you from speaking, but you insist on getting the details in. If he resists, you say "I want to make an offer of proof, for my Appeal". A Judge Lawfully cannot refuse this, and in a jury trial he will send the jury out while you make the record. This is an absolute right you have. Sometimes, if you have a snarling judge, he will deny you this right anyway. Then, be sure and SAY - OUTLOUD - ON THE RECORD - "You, Judge are denying my right to access the Public Record and this is a denial of my rights of Due Process. I RESERVE ALL MY RIGHTS WITHOUT PREJUDICE, I DO NOT GIVE YOU PERMISSION TO VIOLATE MY INHERENT SOVEREIGN RIGHTS, I take exception to this, and will appeal this obstruction of Justice". The main thing is that you SAY THIS ON THE RECORD. NOW you have something to appeal.
You must be careful in pleading your own case not to incriminate yourself. Attorneys do not stop people from doing this anyway, so you are no better off with an attorney in this area either. Will tells people "you are not in church" and it is true that in court it is not a normal human conversation, and you must be careful not to open yourself to "broadening the scope" against yourself. You pay attention and make objections every time someone testifies using hearsay, or if they try to bring in things that are not relevant to the charges being brought against you.
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If you are in juvenile court, you are not in a real court, there are no defendants and there are no charges against anybody, and no Lawful jurisdiction. If you are not in Circuit Court you have not been "charged" with a crime. No matter what they are calling it in other courts, even if they use the word "charged", you have NOT been charged if you are in juvenile court and they know this. Usually the people believe they have been "charged" but they have only been accused, and this is not lawful prosecution. The court will use the word "charges" until you back them down in court - you say "Isn't it a fact I have never been charged with any crime?" and they will say, "yes, that is true". In Oregon, a District Attorney petition is required to actually bring prosecution, or "charge" someone, including a juvenile. But, the abusive caseworkers and probation officers and all kinds of other job titles routinely write "charges" against children and people in jail, without any lawful authority at all to be doing this, and the judges are fully aware that these are not lawful charging documents. As with everything else we are doing, you must challenge their criminal, outlaw prosecutions and policies or they will keep getting away with it- and the place you must challenge it is ON THE RECORD IN THE COURTROOM.
You DO NOT answer questions that are meant to confuse you and incriminate you. We have learned from cross examining judges and DA's that their favorite answer under cross examination is "I don't know" and "I don't understand the question", and "I don't remember". Use this a lot when you are being cross examined. (For example- the STATE will say "this report says that drugs were used in the apartment"- YOU say - ""have I been charged with a drug crime?" Of course, if you haven't, the judge should uphold your objection and you should see the DA back off. The game is that if you do not know such deceptions and you don't know your rights, you will naively "admit" to this hearsay, saying something stupid like "oh, my brother was only arrested once a long time ago for drugs", or "I only did it once" or something like that, and once you "admit" now you are fair game for any questions about drugs, even though it is a violation of every right of Due Process to engage in a line of questioning like this, and even if drugs had nothing to do with the reason you are in the courtroom at that time. This is the greatest danger you face, and need to be very careful about. Your attorney will NOT protect you anyway, he gets paid whether you win or lose, and he will not lose anything personally to defend you, so you must be careful not to self incriminate. We see people do this all the time (usually with an attorney sitting right there not objecting!). Again, you must catch these ways that the court uses to destroy you.
If you do not confront them, and stop allowing their abusive methods, you are participating in your own rape right there in the courtroom. DO NOT LET THIS
HAPPEN.
You stay as calm as possible, focused on facts - do not get entangled in their emotional game, and do not answer questions or make statements against yourself in any way. Remember, the burden of proof must be on the STATE when you are the defendant, and so you constantly keep the heat on the STATE to prove anything they say.
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Remember the reason that the Record is so important. Understand that when the judge finds in favor of the STATE, a foregone conclusion in most cases, then you appeal this finding or order or judgment. THE ONLY THING THAT GOES UP TO THE HIGHER COURT IS THE RECORD. If you have not disputed the trash that the STATE has created against you and is calling a "case file", and you have not put your facts to incriminate and dispute the STATE case into the Record either, then even if you or an attorney files an appeal, there is NO confrontation or dispute that shows any appealable issues to the appearance of the higher courts. All they see are slanderous reports that were undisputed, therefore becoming fact, and to the higher court you appear to be a child abuser and a criminal of the worst kind, and the reports are right there to "prove" it.
Even though a case is a pack of lies, if you have not made the Record, those lies appear to be truth to the appeal courts, and anybody else who sees the case file. You have no way to defend yourself if you do not write everything in a document, stop making telephone calls or talking to the STATE people at all off the Record.
Even if you do not understand how important these procedures are, all we can say is that this is what we have experienced, and you will find out later, as we did, that because you DID these things in EVERY hearing, the foundation you have built of undisputed testimony will serve you later, protecting you in ways you cannot imagine yet. You will come to strategic points in your case, and will suddenly realize that if you had not done certain things a long time before, that now, when it is critical later on, you would not have laid the groundwork that you are now firmly standing on in the court, and you realize that you have covered yourself already.
Because you already stated it on the Record, no one can dispute you and you have evidence now of your Truth and the STATE failure to rebut. You find that you can "move" in a certain way because you have already made a first step when you got it into the Record. It unfolds all kinds of ways in your defense, and as you go into court and do this in every hearing, you are protecting yourself as you go, and you are using the Record to account the things that are happening as they happen. You are bringing the court into real time, not talking about something that happened to you in the past, but an unfolding crime scene that the corrupt court is a part of. You are building your defense and a foundation for your lawsuit for damages for the criminal abuse you have been subjected to.
When we are in court and being abused, we tell the judge "we cannot stop you from being a criminal and a tyrant". If you are alone you might get arrested, not to fear, if they arrest you for confronting a judge lawfully to assert your right to make the Record, you will get a trial and it will work to your benefit. Many of us have been arrested for this. This is another reason why you need a group of courtwatchers to witness for each other. We tell the judge "Go ahead and do whatever the nastiest thing is that you intend to do. All we can do is make sure that the whole world knows what you are doing." Be sure and and state this on the Record as he yells at you to stop or has you removed from the courtroom by sheriffs, you get in the Record what he has done.
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Now you have a Record of the tyrant viper at his best, often on videotape. We are making TV Commercials from the insane judge behavior on videotape court records in our case. Judge William O Lewis would not let us speak, and lost control in 1998, screaming at us, trembling and shaking his finger at us , then running out of the back of the room- "I deny you the right to make an offer of proof because FACTS ARE NOT AN ISSUE!!!.... YOU... DO NOT.... ASK ME.... QUESTIONS !!!!" - this insane videotape record now will go into the commercial. The People need to see this for themselves BEFORE they end up in a courtroom, so they are forewarned that court is not what they think it is.
If you are being blocked by a tyrant judge, you tell him "if you don't want to hear what I have to say, you can go into the back, and I will make the Record", and sometimes they will do exactly that, or they will sit back in their chair, backed away from their "altar", silent, red faced and enraged, while you speak your truth. The intimidation of a courtroom filled with knowledgeable angry courtwatchers insures that he will let you speak. Alone, you are shut down immediately, and before now, most people went in to court alone, and some courts force the people to be alone and without Record or Witnesses. We do not participate in any hearings that are off the Record, and extremely advise against any conversation or meeting unless it is on the Record, or at least with witnesses present.
Chapter 17
Filing Your Own Motions
Now that you are pleading your own case, you will write your own Motions. See Appendix J and K, a format and a sample of what a Motion needs to be. There are really only a few different ones that you will need to use, and can title them according to the question you are asking the court. A Motion is a "move", like in a chess game, and you "Make a Motion" to "move" the Court to act to do whatever it is you are wanting. A Motion is a Question, and everything in court is a QUESTION. Will and I learned that "he who asks the right questions wins the conversation", and " it is all Questions'". We relearn this one daily, as we have moved through the different levels of the courts asking many Questions, making Motions that the STATE unlawfully refuses to answer, as we keep asking someone to tell us where our Constitution is.
It is unlawful for them not to answer, and in Oregon there is a Statute ORS1.050 that mandates criminal penalties for judges who do not answer questions before
the court in a timely manner. Check your statutes in different states on this one, but the bottom line is the court has an obligation to answer all questions relevant and necessary for your defense. The court fully knows also that it is unlawful not to produce your discovery and court records, and anything else "necessary for your defense and the defense of your children".
The Supreme Court has advised us that once the Freedom of Information/Privacy Act, Public Records Request and Discovery Demand is served, even if the person filing fails to properly serve all Parties, that every agency and court is mandated to deliver to you EVERY record they have on you or your minor children, and to give you a SIGNED STATEMENT or AFFIDAVIT that attests "this agency has produced to the Petitioner every Record in its possession and no more records exist to be produced". The agencies do not give over any documents without a fight, and rarely provide, as by law, the written affirmation that all records have been released. To be taking federal money while not in compliance with federal Laws is Fraud and Misappropriation of federal money. You need to stay on them relentlessly to get your documents to build your case.
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The Format for Motions and Affidavits
There is a real basic format, and a person can look at any example, or use the ones we provided for your Motions. (See samples J and K) In essence, it contains, from the top down, the name of the court you are in and the county and state. The case number, and if it is a new case, put Case No. and a line to write a number on. At the heading on the left side you will write your name, NOT all caps, like the corporate STATE does. When your name is written in all caps, it is refering to a corporation, which you are not, you are a Sovereign Man or Woman, Human Being, Child of God.
Write your name upper and lower case. Then, VS, and the opposing party. You can get local examples from any advocates in your state to see what their legal papers look like, even at the courthouse they will give you sample Motions if you ask.
In the middle at the top you make a Vertical Line, and on the Right side at the top is the Case Number. Then come down and write the title in ALL CAPS, and always write ORAL HEARING DEMANDED.
You start each Motion with your name, then write sui juris, and whenever you sign your name from now on for any legal purpose, you write sui juris after it. One definition is "in my own right". Another definition I was told, and feel is significant, is that sui juris means I AM- capable in mind, body and soul to plead my own case. For us, this means that when we say our name, then Sui Juris, we have established I AM in the courtroom, and that God is Present and in control of the proceedings, and the TRUTH goes into the Record.
After your name, and Sui Juris, you write "a Free Man/Woman, Sovereign, Constitutional Rights intact. Then you restate the title of your Motion, which is telling
the Court what you want it to do.
You come down a space and write AFFIDAVIT. Here you are going to tell the court the reasons why you are asking it to "move" , and why you want it to act, and support your argument why it should act on your behalf. You begin every Affidavit by stating "I hereby swear and affirm that all herein stated is true, factual, sworn testimony before God, as stated" or something close to that. You must swear at the beginning of the affidavit in order for it to be a lawful affidavit. We receive affidavits all the time from attorneys and caseworkers and police where they write s/s (which is NOT a valid signature or a legal order) at the BOTTOM of the page, after the affidavit and just before their signature at the end. In Lawful terms, this means that all that has been "sworn and subscribed" to is their signature ! (And they know this - it allows them to say their statements weren't "sworn testimony" when you say they have perjured themselves later in court- their deceptions never end!).
In the Affidavit you lay out the facts of what it is you need to say. Just write it in chronological order, name names, dates , events. They did this, then they did this, then this happened. If you can't remember dates, say "on or about"'. Lay out what it is you need to say - and every person I talk to knows exactly what needs to be said and what the attorney or the judge prevented them from putting in the Record - remember, you are no longer the one on the defensive, you are prosecuting the STATE in your case from now on....
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Your affidavit can be long or short, a paragraph or twenty pages, 50 or 200 pages if you need to attach exhibits. Whatever needs to be said, whatever documents you want in the record as evidence, you put in there. Mark your exhibits "A, B, C; then if there is more than one page to a particular exhibit, mark it "A-1","A-2","A-3", etc. After you get through the alphabet, start on "AA, BB, CC" etc. Refer to your exhibits in your paragraphs, and number your paragraphs as you go. Make everything as plain and simple as you can to get your case across, not leaving out anything that is important to your defense and exposing what you know and have experienced about the STATE corruption. We are all building a huge massive case in the courts together by naming names and confronting a corrupt system. Each time the Truth gets in the Record, it builds a foundation for the Bigger Case. (The Good Book refers to the Truth as the leavening, affecting the whole loaf of bread.)
Date your Motion, sign it, Sui Juris after your name, add a Certificate of Service stating the Parties you have served it on and their addresses, and go file it at the courthouse on your case numbers. This basic procedure is going to be repeated a thousand times before you are likely to get through your case. It is the same every time, just different wording according to what needs to happen at that moment in your case, often dealing with whatever just happened in a sham proceeding, and you delineate the events in your affidavit. Ask the clerks lots of questions, do not take no for an answer. In our experience the clerks have been very helpful, and it is the JUDGES who play games, like not having your casefile every time you ask for your Records and blocking you.
The Clerks know their process, and to a reasonable degree, you comply with it, the main objective always being to get a hearing and to access the Public Record. Pleading your own case is not hard, but it IS a lot of work, and the paperwork HAS to be written and filed or you will not have a case and your efforts will not be aggressive enough to accomplish anything. Again, the work is not hard to do, but it has to be done, and attorneys do not do it either, even if they are paid a lot of money, because they get paid whether they win or lose, billable hours their only goal, but you are prosecuting your case now for yourself and your Family Body.
The copies of Motions have got to be served on the parties when the times arise for this. Articles must be written to distribute if you want to generate the attention that is necessary to make the STATE back off from destroying you. And you are making the Record for thousands of people who are not able, do not know how, are being blocked and threatened, and worst of all are paralyzed with FEAR. You must be FEARLESS, realize the judge is just another person, who works for you, is a Public Servant, and is equal with anyone else before the Law.
THEY ARE NOT IMMUNE FROM PROSECUTION. YOU DON'T CARE WHAT THEY SAY IF THEY ARE VIOLATING YOUR RIGHTS. You stay focused and factual, the Record is the thing that is important at all times. There are no guarantees that they will not retaliate every way imaginable, we have personally experienced intense retaliation for three years for standing up to their corruption.
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But your safety is the Public Knowledge that you have created, that they know whatever they do to you, the whole world is going to find out right away and it stops them in their vile attempts. Do not engage the judge emotionally fearing all the things he can do to you - that is THEIR game - they will keep you spinning out in the sidelines crying and defending every slanderous thing they are saying about you.
We KNOW it is beyond human tolerance to not react, especially when it is your children who are being destroyed, but try to save the tears for later - you MUST FOCUS on the Record. Like a strategic football play, or battle maneuver, your goal is to get your Truth into the Record in every hearing. The whole thing is ONE STEP AT A TIME.
You do what you can every hearing, and you stop, and regroup and take your next step. You DO NOT project fearful scenarios, you stay present, and realize, as our good friend Joe Carr told us, that with God there is always another door - NEVER a dead end, unless you QUIT.
Whatever the judge does to you, you will Appeal - even if they haul you into jail (you get a jury trial now !), and you can only appeal his orders IF you made the Record, or at least made the Record that he was not allowing you to speak. We do not engage any judge in courts of NO record, like Municipal "court", or any of the hearings and mediation courts. ALWAYS the first question needs to be "ARE WE ON THE RECORD?" If they say, this is not a court of Record, then you say "Then this is not a court of constitutional judicial due process. I must protect myself, and will not self incriminate by talking to you off the Record. You can go ahead and do whatever it is you intend to do, which I do not give you permission to do, as a Public Servant perjuring your oath to protect my Constitutional Sovereignty, and I will appeal it immediately IN a COURT OF RECORD." And you go sit down, and appeal any orders they generate against you. In every hearing you talk about everything that has happened to you up until that point, or once you have started making the Records, you cover what has happened since the last hearing. Then you ALWAYS get the Record after court, usually for a few dollars, either audiotape or Videotape. We have learned that if you ask the judges secretary before the hearing, that you want a copy of the Record, they sometimes have multiple recorders and will make you one so that you can walk out of the courthouse after the hearing with it in your hand. ALWAYS get it as soon as it is ready - we have seen judges play "cut and paste" with court Records, even bringing edited videotapes in to trials to conceal evidence of their crimes. NEVER underestimate the degree that the judges and attorneys will go to undermine you and avoid liability to themselves.
Chapter 18
EVERYTHING THEY DO TO YOU - APPEAL !!
The Key To Confronting State Court Corruption and Systemic
Abuse is the Record
We have been told by judges that "If you don't like what I am doing, you can appeal it", as they continue to deprive our rights in some unlawful manner. It is impossible to make them answer your questions, as they mercilessly violate your rights.
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What we have learned, is that you have the absolute Right of Appeal of any order, judgment or adjudication made by ANY judge in ANY court. You appeal to the higher court, from Municipal to Circuit, from Circuit to Court of Appeals, their decisions reviewed by the State Supreme Court, and Federal Remedies (although in our experience the Federal Court judges are as corrupt as the Circuit courts, and more closed to the Public scrutiny - better paid whores to the Corporate Administration Bar Association!) to oversee State Court decisions if necessary.
This is the set up anyway, but right now rarely ever will one of these courts protect your rights or "let you win" if the STATE is the opposing party and you are confronting the Systemic corruption and violations of your rights. THEY KNOW they are corrupt. THEY KNOW they are bringing you into a corporate court, stripped of your humanity and Inherent Rights, your Sovereign Rights or any Constitutional protections, under Martial Rule, where you are the commodity and subject to Administrative rules and statutes. They have perfected language and schemes and court maneuvers to cover every situation to control and win, regardless of facts and Law. They have created "laws" that allow the STATE to Violate the Public Trust without appearing to break the Law. We have seen judges bias juries, and routinely direct verdicts from the bench. There is no level where the courts will stop in their assaults to prevail once a judges lie has been challenged.
The Notice of Appeal must be filed into the higher court in a timely manner, depending on your State. We have seen letters from attorneys to people for whom the attorney has just lost their children, to dissuade them from filing an appeal. Most of the juvenile cases we see are never appealed. Most appeals at this time in Oregon, are routinely "affirmed without opinion". When they do that to you, you will appeal that courts decision with a Writ of Mandamus, into the Supreme Court. All the time you continue to build your Record of the corrupt courts abusing you, Recording how you and your children are being criminally attacked as the courts act in collusion to protect your abusers.
The attorneys destroy the family, make their money, often financial bonuses for "successfully completed cases", ie convictions and adoptions of children, and they move on to the next vulnerable prey. They are paid in bulk wholesale on juvenile cases, and we are told that judges are paid a bonus, for example, conducting support enforcement hearings, over his regular pay and perks and retirements. The recent Supreme Court decision to prevent "criminals" from appealing their own cases must be challenged, as you will see, making the Record is the Key to defending yourself, and your right of Appeal often your only hope in the fetid lower courts.
Motion For Reversal - Important Part of Your Appeal
In an ongoing case, such as most of the Child Services cases are, there will come a time for a "final" trial, the goal and financial reward of the STATE coming with Termination of Parental Rights and Adoption of your children to strangers paid by the STATE and Federal government. The methodology I am describing is very important to understanding why this next part is so important. If you are in one of these situations, Pay very close attention.
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The lower court is generally the end of the "fact finding" phase. You don't get to add to the Record, except with new evidence, and a few other exceptions. But basically, the Record has been made by the time you are appealing the final order or judgment. You file a Motion to Reverse, and Motion for a Trial by Jury (in Oregon, there is NEVER a jury in the taking of children). You can call it also a Motion Objecting to Form of Order. You can put all these titles on the same Motion, the important thing is to file it within TEN days after your hearing and write an affidavit in it that makes your whole record. Get every lie they have told about you, every abuse they have committed, every undisputed accusation, anything you need to say, as this will be the LAST opportunity to do it. The judge may try to not admit your Motion into evidence, because it came after his "final order". This does not matter, he knows this is bunk, that he must act on your motion, usually to immediately dismiss, but that is OK.
The Reversal Motion is your appellate right and process on anything he orders in any way, and then you will file the Motion into the Appeals court itself along with your notice of Appeal. It is lawfully now part of the Record, and contains the damaging information to dispute the STATE case against you, and discredit the witnesses who slandered you without being cross examined adequately. Make sure it says ALL OF THE THINGS they have not let you put into the record. This is the beauty and the empowerment of refusing to allow yourself to be abused anymore. No attorney will do any of this. The Truth in the Record they deny, dismiss, and ignore but cannot stop from exposing their corrupted practices as you tell on them. You are also building your records for your Civil case when you file your Civil Complaint against them for damages and redress of grievances. You will use this undisputed court record for the evidence in your case - remember - when you are prosecuting your own case, every hearing is an opportunity to put the Truth in the Record.
The Court of Appeals Only Sees The Record
All that goes up to the higher courts is the Record.
Now we are onto one of the most important parts of the whole defense you are building for yourself. This must be CLEARLY understood, and once it is grasped, you will know why it is so important to do many of the other things we have said to be doing already in your case. This is why EVERYTHING has to be a document, no more phone calls. DO NOT TALK TO ANYONE OFF THE RECORD ANYMORE, and if you must, insist on bringing a tape recorder or at least a witness- NEVER talk to anyone alone either. GUARANTEED EVERYTHING WILL BE USED AGAINST YOU.
This is barely understood by the average person not involved in courts. The "fact finding" phase of the case ends when the State case is decided. Every hearing, a judge makes some decisions about motions, or sentencing, or generates judgments and orders, telling you to do some thing or another or restricting or compelling you in some way. Every hearing and trial there are documents that the judge generates, most people never see any of their documents. Each of these things you will Appeal, by getting the written copies from the Court and filing your appeals.
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When you are in the courtroom, Sui Juris, without a bar member silencing you, you dispute any lies, and you force the judge to allow you to make the Record, naming everything that has happened to you including judge abuse. IF YOU DO NOT SAY THESE THINGS OUT LOUD IT IS NOT IN THE RECORD. The Court knows this, and will do everything to block you or to make you self incriminate on the record.
If you allow an attorney to represent you, and he does not speak the Truth in the Record, and lets lies go in undisputed, those lies become legal facts in the Record. Mien you file your appeal, ALL THAT GOES UP TO THE APPEALS COURT IS THE RECORD. This is how they have been manipulating the courts without scrutiny, keeping up appearances that there is oversight in place, controlling any dissonance in their process.
As Assistant Attorney General Ted Meece stated "we generally build a case to show clear and certain evidence for the Appeals courts" translated that he generally creates an appearance of evidence unchallenged in the Record for the Appeals courts, and aggressively omits from the case file and from the courtroom any confrontation or dispute with the state manufactured version of a case. It is the biggest SCAM going.
The bar attorney DA's and other attorneys manipulate the courts to prevent any confrontation. They use plea bargains to keep most cases out of the courts, filling the prisons with non violent offenders, vulnerable people coerced for plea bargains on often victimless crimes. Agencies are rewarded for over quota 'successfully completed cases', and DA's are rewarded for "guilty" pleas. For example, judges are paid extra to sit on support enforcement hearings and these are built in financial incentives to increase court and agency caseloads. It is outright extortion, with no controls in place for false swearing and reporting. The STATE maneuvers using fraudulent statutes that other bar members in the legislature and on commissions have written for themselves to give themselves a "carte blanche" to run riot on everybody Rights.
So - even if you think you have the Right of Appeal, it means nothing unless your Truth has gone into the Record. Even if you DO appeal, there is no confrontation with the other side, and by all "appearances" there are no "appealable" issues. This will be the case even if the case is absolute lies and fabrications, often the case, in our courtwatching experience.
Now that you are prosecuting your own case, you will come to realize there are never "unimportant" hearings. Every hearing is an opportunity to make the Record and for building your defense. YOU Always show up, even when they say it is cancelled, often they will have it anyway without you, and you lose by default.
How can they do that? We do not ask that question anymore - they do whatever they want to do. You will see this game played out in every courtroom in America - overtime you learn the diversionary tactics of judges, DA's and attorneys to accomplish their goals, words and phrases that an attorney knows mean "don't push that any further" and to not confront corrupt systemic problems.
It is called "Making the System Work", and you are a threat to the "system" if you do not compromise. The Sui Juris litigant brings the Truth into the courtroom, and the corrupted Process becomes obvious in contrast.
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File Your Notice of Appeal:
Find out in your State how long you have to file an appeal. Some orders must be appealed in ten days. Usually it is thirty. This is another one of the many court processes that are designed to make people lose their cases. Often attorneys do not file timely, and are routinely dismissed, as you will be too, if you give them this opportunity. It is best to file it timely to avoid giving them any leeway to dismiss your appeal.
We found out that you do not have to wait until a "case" has been "finalized" to appeal orders that are part of the case. For example, if the judge orders you to take a class, or under contempt, or ends your visitations with your children ,or whatever, you immediately appeal this, even though the "bigger" case remains ongoing. We were told you could not do this, but we found you certainly can, and you have every right to redress against any order or judgment, especially when they were created in a court of no Due Process, and you were denied "fair hearing". In Oregon, they are fighting us on this one, telling us that we cannot appeal "non-final" appeals or "orders" that are not "judgments". These same "non-final orders" will take your children if you do not comply, and put you in jail for contempt if you refuse them, yet the courts are trying to say this cannot be appealed. We do not accept such oppressive strategies to block our hearings and redress.
It is very important to appeal everything they order, because when you get to the final judgments in the lower courts, and appeal this, the State will make a Motion to EXCLUDE all those previous orders and judgments. The STATE knows no bounds to screw us at EVERY turn if we are not careful and really paying attention to our records, our cases. I guarantee that no attorney, even paid a lot of money, will work for you as diligently as necessary to put on an aggressive defense.
Many of the people we talk to have already pled guilty on a coerced plea bargain, and have been "convicted" without a trial. This is what your attorney calls defending you. They will tell you something like "you can't hope to win", or "that is the best you can hope for", or "just take these services and cooperate with the agency" or "you just have to go along with the Process". They do not tell you your rights, the Constitution and the Laws do not enter in. They "stack crimes", they break one incident into ten pieces, with different case numbers, so that they can call it "multiple offenses" and mandatory sentencing comes in. They know this is all bogus, but they use it to incarcerate people - children - everyday. They use this to threaten you to plead guilty to a lesser "charge", agree to "services" and "classes" and "counseling" and "fines" and "treatment" and "jail" and "probation" and a "permanent record as a criminal for life" and they tell you that this is your only option. What they do not say is that this is your only option and what will happen to you IF YOU LISTEN TO THEM, and let them plead your case, that this is exactly what they intend to do to you, or worse. You have to understand these systemic flaws, to be rid of preconceived notions, and to wake up enough to your own responsibilities to fight for your own defense, and your children, if necessary.
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Appendices L and M are examples of a Notice of Appeal, and a copy of one of our appellate briefs. You file your Notice of Appeal on all parties, with a certificate of Service, like all motions. In Oregon, appellate briefs are supposed to have light blue covers, but not the Notice or other documents. Remember it is ALL documents, and you and the courts volley back and forth - you ask, demand, they either comply or refuse to allow you relief or hearings, and you do not take no for an answer, going higher all the time to their bosses until you find someone accountable. This is the problem in the systemic sense that there is NO ONE at this time personally accountable for these extreme frauds and deceptions that have been perpetrated and exploiting a vulnerable Public. You can send your appellate papers or serve this yourself. Don't forget the Certificate of Service at the back showing the people you sent copies to. You file it also at the courthouse, leaving a second copy for the court transcriber, even if you have a videotape. Ask the Clerk at the Appeals Court who they want you to serve, and get copies stamped that you will then serve.
Filing Your Transcripts and Briefs in your Appeal.
When you file your Notice of Appeal, you will be notified by the Court of different parts of the case as it proceeds. The Appellate Clerks in our experience have been sincerely helpful, and will usually answer any questions or direct you to State rules to use to learn the Appellate Process they want you to follow. The clerks will usually notify you and allow you time to correct imperfections in your paperwork.
If you are indigent, you will need to file an indigency waiver with the Notice of Appeal, attached to the court copy. You will also want to file a Motion for Transcripts without charge, Appendix N is one we have and used from the Oregon Supreme Court. If you have videotape Records of your hearings, you may also make a Motion to use the videotape you have, as you cannot afford the thousands of dollars that most transcripts cost.
Hints on Filing Appeals and Writs:
We have learned a few things that have helped to effectively get the attention of the courts in our cases. One thing, when you serve a Writ in the Supreme Court, serve a copy on all judges (ask how many). Be sure the clerk gets a copy on each desk. It is NOT enough to send it to the Chief Justice, thinking he will care. In Oregon we served our papers on Chief Justice Wallace Carson for a year before we found out he is the one who is orchestrating the out of county judges and pro tem judges, more than twenty of them we have been in front of, who were brought in to "cut and shred" our cases, and let the STATE prevail. All of our papers were ending up on his desk and no one else saw the evidence of the corruption contained in the Writs.
In your Appeals, do the same thing - ask how many judges there are and leave a copy for each, every brief or affidavit Motion you file. The key is that other judges besides the ones on your case see your evidence against corrupt members of the court and abusive procedures of the lower courts are laid out in your affidavits
Use the language in the example in chapter 13, "Cannot deny you for want of form" in your papers. Do not take no for an answer if the courts try to refuse your papers. Should the courts refuse your case, you file a case or a Writ against the Constitutionality of their refusal. You are Sui Juris, Sovereign, with no contract to any Administrative Statutory process, or arbitrary rule making to block your Court of Justice and Judicial Due Process.
YOU NEVER TAKE NO FOR AN ANSWER. Your Rights have no limit undemanding Lawful redress of grievances, and this is what the courts are denying to
everyone..
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Chapter 19
Special Writs: Habeas Corpus, Mandamus, Quo
Warranto and Amicus Curiae (Friend of the Court)
Special Writs should be filed for injunctive relief; Writ of Habeas Corpus to get falsely imprisoned prisoners released, also we are using it on Children unlawfully being incarcerated in the STATE child abuse system. Writ of Mandamus is used to get answers to specific Questions important to your case; also to appeal an order from the Court of Appeals; or to force Accountability from the higher courts to pressure the lower courts to give you a Fair Hearing. Writ of Quo Warranto literally asks "By What Authority?" and you ask the important questions that are being blocked by the biased lower courts. Chief Justice Wallace Carson in Oregon said that the Supreme Court has original jurisdiction to hear these Special Writs, and that the Writ of Quo Warranto is the one to use to remove a corrupt Public Official from office. Currently we are doing just that (February, 2001) and we will see if this enforces accountability and prosecution of criminally indicted Public Servants and officials The Chief Justice in the State Supreme Court is responsible for the Policies of the lower courts, and so we have challenged the unconstitutional Policies in the Supreme Court. As we have learned the maneuvers and strategies of the courts and how they are used to manipulate everyone's trials, we have challenged every part of it IN DOCUMENTS, filed into the courts, to make a record. At this time this is the closest we are getting to any kind of accountability.
What we are doing is forcing the TRUTH to be confronted, and even when Writs and cases are dismissed, you are telling the Public every step that you are going through. By exposing your situation, in court records rather than just talking about the abuse, you are credibly showing everyone else what has been before now kept behind closed doors, unlawfully concealed and protected by confidentiality. Confidentiality has only protected corrupted courts and the unlawful practices of state agents. Their favorite excuse when questions are asked demanding any accountability, is to state "we cannot talk about it because it is under investigation". Ask the people who have been abused and their children destroyed, they will talk about everything openly, loudly, no need of any confidentiality, as they have nothing to hide, and only the criminals who work for the state are the ones who are being protected.
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This is another reason it is so important to go into the courts Sui Juris, asking the Questions, making these challenges using a Lawful procedure and affidavit. Even though at this point they are allowing our Writs, then dismissing and denying without opinion, remember at all times YOU ARE MAKING THE RECORD.
NEVER FORGET that no Bar Association judge or attorney is allowed to make these challenges. They have set up the statutes to allow them to conform the courts to unlawful practices and corporate rules, NOT TO GIVE YOU YOUR RIGHTS. They have created a way to Violate the Public Trust without breaking any "laws", using statutes to do this. So when you say "Judge, you deprived my Due Process", the Judge, rightly, says - "No - I followed ORS blah blah blah and that gives me the authority" to screw you. It is such an amazing thing, that you go to the Statute he refers to, and there will be some unbelievable "rule", vague and blatantly unconstitutional, for the court and the judge to arbitrarily use however he wants to. This is a main part of the Process being used and how judges routinely take children from their families.
There are no rules being enforced at this for the courts and agents of the state, only against Natural People, and we are now seeing the manner and methods of this abuse. Laws are enforced as "laws" only until they have been challenged. The Bar attorneys and judges have prevented Citizen oversight and control of the courts before now. The People now have challenged these statutes and have learned they are unconstitutional. We have learned that the Bar, and the legislative and judicial branches are fully knowing that they are operating and enforcing unconstitutional courts. The Justice 2020 programs, Goals 2000, 21st Community schools and policing plans, Benchmarks Goals, Oregon Shines and Oregon Progress Board, Sustainability goals, to name a few, are all legislative schemes to implement and profit from controls and restraints on everyone's lives, stripping them of all of the protections that are guaranteed by the Constitution and the Bill of Rights, and is the Law.
We the People have a Constitutional Right and Obligation to "educate our legislators" and to "legislative redress of grievances". We are exercising this Right as Sui Juris petitioners challenging unjust laws. We the People have the only authority in a Republican form of government to abolish or amend the Constitution and reform
government as we see fit and necessary. When you confront unjust rules, statutes that are not laws, the courts use these statutes to prosecute you, when you have violated no Law, and they are Violating your Rights, and their Oaths, by breaking the Law themselves in prosecuting you.
Sui Juris Motion heard in Oral Hearing, Oregon Supreme Court, August 9,2000
We have included in this book a Motion that was entered into an Oral hearing in the Oregon Supreme Court on August 9, 2000, Appendix O. The information in this Motion is vital to the understanding the nature and nexus of the corruption you face when you walk in to a courtroom, thinking that your Rights will be upheld.
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The Motion is also included in this book, along with some of our other court documents, so that you can write your own, and see how to lay out your facts into the Record at every opportunity. After you challenge that the court is engaging in fraud against you, then many hearings are nothing more than you going in, waiting for them to waste time talking rhetoric, and you make a statement, whatever has happened to you since the last record you made, and after that, you can wait, or often we walk out. We do not participate in their fraud beyond accessing the Public Record, which is what we came to do, and then we ALWAYS get the Record later. We do not give them permission to violate our rights and we call them on it every time they do, on the Record, in the Courtroom, then expose what went on in the hearing everywhere. Remember, they have to dispute the facts that you lay out, and if they cannot, you win, but that does not mean they will allow you justice or return your children. Remember what we said about a foreign jurisdiction? Well, you see how you do not have your rights protected in America at this time.
Writ of Habeas Corpus - See Appendix P for an example Writ.
In the Constitution, the Writ of Habeas Corpus has its own paragraph, being the method created to allow a person falsely incarcerated to force a redress of grievances and show cause for relief. In the US Constitution, Article I, Sec 9, it says "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.".
We saw three years ago a direct sign that we are currently under Martial Law courts, when we discovered that the "Privilege of the Writ of Habeas Corpus HAS BEEN SUSPENDED, and the courts are not allowing hearings on them. What we have seen, using this Writ about five times now for ourselves and others, is they release the prisoner, then deny a hearing. They are not releasing children, however, and the courts are refusing to admit that the children are being held prisoner with the foster homes used as incarceration. The Oregon Law Commission admits there is no process in place for release of juveniles for Constitutional Rights Violations, as the Habeas Writ provides.
The use of the Writ once filed, however, is the best way to intercept the Process in your sham juvenile cases. It forces the higher courts to see that you are confronting the lies and abusive Process and that you are not going to cooperate with being raped in their system and you intend to fight back.
It literally means "bring forth the body" and is a show cause for the court to show the evidence that crime has been committed that gives the court jurisdiction to be
arresting and imprisoning someone, or to release them at once.
Use the format and put in your own information. The Habeas Writ should be filed on the Circuit Court and served also on the incarcerating agent, usually the County Sheriff. In the case of the children, we file it in the Circuit Court and on the Administrator for the Child Services. Whomever has the say in where and why the person is being held, is the one to serve, along with the court. If you have an open case number, refer to that number on the front, and attach a copy of the Habeas Writ on that casefile, also. State rules vary, but the intent of Habeas Corpus is that it is an emergency Writ, and a hearing and an answer in provided in 72 hours.
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If you get no response after 72 hours, or a denial from the Circuit court, then you will write a Writ of Mandamus as a cover page, use your Habeas Writ as an affidavit, and file it into the Supreme Court. The Supreme Court wants to see a dismissal from the lower court before it takes jurisdiction. Constitutionally, the Supreme Court has original jurisdiction, but at this time, all the courts pass the buck, and say they do not have to act on our Writs or provide hearings. This is more of the blatant obstructionist practices that we are not tolerating anymore.
Writ of Quo Warranto - literally 'By What Authority", Appendix Q.
This title can be used to ask a Question to the Supreme Court, in affidavit form, by what authority the government, courts, agency, whatever division you are dealing with, allow themselves to abuse you and your family and lay out what has happened. When you are innocent of any crime, as defined by Law to require an injured party, probable cause, lawful warrants, due process followed, a trial by jury and a conviction of a crime, then you use this Question to ask by what jurisdiction does the government intervene in the life of a free Natural Man or Woman or their offspring? And Constitutionally there is no authority at all to restrict, seize and assess, or tax and plunder the lives, children and property of innocent people.
Writ of Mandamus- Literally means "I command", Appendix R.
Use this title and file it in the Supreme Court after the Circuit court or Court of Appeals denies or dismisses a case, or a Habeas Writ, or any lower court action that you are not getting fair hearing or redress of grievances. Appendix R is one of the Writs of Mandamus we have filed. If you have records and testimony from your case that is relevant to another case, you can put this into a Writ of Mandamus and write your affidavit, using the dismissed or denied motion also as an affidavit. The idea is never to take no for an answer, and keep going up in the courts until you "exhaust state remedies". You can also file a Writ of Mandamus on related cases to challenge the unconstitutional statutes. The main thing is to formally file a challenge that requires an answer from the Court.
Amicus Curiae (Friend of the Court) Appendix S, T and U
You can file a brief in any case titling it "Amicus Curiae" which means Friend of the Court. If you have relevant testimony to any case, in any court, and especially in the Court of Appeals and the Supreme Court, you file an affidavit, getting your information on the record. This is especially important to friends and courtwatchers who are helping other people in their cases. And, standing before the Court Sui Juris, this Process is especially dependant on people helping each other.
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Often the person being rendered in the system is not able or confident enough to do a lot of things that need to be done in their cases. The documents HAVE to be written, timely, and filed. If you do not build your defense, no one is going to. Writing the documents is not hard, but so often the defendants have been traumatically victimized or their children have been taken, they are overwhelmed by the courts and agencies who have created a treadmill impossible to keep up with.
As their friend, counsel, or advocate, you can often see things that need to be said in court that the judge has prevented, and especially when you see Deprivation of Civil Rights of Due Process in a courtroom. Write this out in a brief and file it on the persons case number. If it is a case in the news, and you have relevant testimony at trial, then you can get the case number from the courthouse and attach a brief the same way.
Appendix S is an Amicus Curiae brief we filed in a case in Oregon wherein the electors chose to open adoption records, and the courts have usurped the mandate of the People, and are blocking the opening of the records from their Lawful owners. We know the underlying reasons and methods of the maneuvering of the courts as we have watched the initiative move through from Circuit court through Court of Appeals and now is in the Supreme Court. The Oregon Supreme Court allowed this Amicus Curiae Brief into evidence and this information was be considered by the Court in the case. The Oregon Supreme Court refused to allow a hearing, not surprisingly, as the did not want the facts of criminal acts to come to light. The opposing side appealed this to the US Supreme Court, and they also refused to hear it, and allowed the Records to be opened, beyond appeal. The power of this document and the evidence went like a narrow in to the Supreme Court, en banc to all the judges. Because it was an initiative and a lot of public exposure, it got our case seen whereas they deny most every petition that is filed, and usually the judges do not see the cases, hearing less than 2% of the cases, and almost not family cases at all. The Courts allowed the Adoption Records to
be opened to their Rightful Owners.
Appendix T is another Amicus Brief, written by Court and Family Advocate Velma Hartwig, about our case, and these are formats for everyone to use to speak out and intervene in important and relevant issues and other peoples case.
Appendix U is an example of an Amicus Recusal of a Judge. After this was filed and sent out to the world on the mailing list, , Judge Ochoa "found" that the sex
offender online database would likely be "found unconstitutional" and threw the case. The AMICUS Brief worked again! Setting forth the TRUTH IN THE RECORD and Public Exposure is what stops the corruption in its tracks.
Do not take NO for an Answer, and Challenge Every Abusive Thing That Happens To You.
The bar member, attorney game has kept the People out of the government for many years now, steadily and stealthily closing what they call "loopholes"; our rights and freedom as they tighten the noose on Lady Justice. We are at a point now where the bureaucracy that has been created has become an oppressive overlay burying our Natural Law and Inherent Rights, Given by God and protected by the Constitution. The whole system is absolutely and irreparably fragmented, a huge fraud being protected in every division of every agency, with a State and attorney run media who insures the People are not aware or alarmed as the State takes full control.
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Until now, the People have not understood this information, and even courtwatchers, who are in court, often do not realize what their rights are and so do not understand all the ways the court is violating someone's rights, right in front of them. It is insidious, and we learned, as Judge William O Lewis, Albany, said "Facts are not an issue" in today's non-constitutional courts.
We have learned that it is a facade with scripted parts, and everyone knows their job and their Process. We have found that judges and attorneys have no knowledge whatsoever of the Constitutions, and are taught only statutory law. We have learned to recognize the body language and diversionary tactics that judges use with attorneys to control the courtroom, keep all confrontation out of the Record, and appear to know what they are doing when they don't have a clue at all. They posture, and tell the attorneys to "find caselaw on that", and do not rule according to Law but according to their own arbitrary opinions and interpretations of statutes. These Statutes have been written by other attorneys purposefully vague, whereby increasing numbers of people are being imprisoned in the prison industries the government has created.
The TRUTH IN THE RECORD is a "short" in the circuit to this Process that has usurped our freedom and Due Process. As we have shown you, the challenges to the corrupted system must come IN the courtroom, ON THE RECORD. The facts and the truth is what the courts fight the hardest to keep you from getting on the Record, particularly the Oral Record. But this is the goal and the Public Record is the ONLY REAL THING HAPPENING IN THE COURTROOM.
The other major part of the Sui Juris Process, is taking a lot of people with you into a courtroom. Over time, the courts will change members of the courts - always bringing in new people so that no one is actually accountable- a revolving court where the judge and attorneys and DA's will be different, and so after a time your witnesses become the only ones with credible evidence about our case. Credible evidence is what you see with your own eyes and hear with your own ears, the rest is hearsay. In our court cases, over three years, not one original member of any case is still involved, yet our courtwatchers have been there every hearing.
When they testify as to the criminal acts they have witnessed and the admissions and confessions they have witnessed of criminal acts of State officials and public servants, they are giving Credible Testimony of what they have personally seen and heard.
This is one example of how this Process works so well in ways you will not realize until later on. But I offer this from our experience, so you will trust us and just do these things to protect yourself and challenge your cases and those who are abusing you.
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The necessity is to get into the court and access the Public Record. The ways described will give you immediate intervention, but you may not get the response you
are hoping for because the State as of yet, still retaliates against those who do not "make the system work". To demand your rights is termed "harassing a public employee" or "threatening a Public Official". You will be labeled "confrontational", "in denial", "dangerous", deemed to have "anger management problems" and "prosecutorial delusions" for saying the judge is a criminal, you will often be threatened for not being "cooperative" with a "peace officer" or caseworker. It will start the building of a Record of Truth in your defense and for your family. They have built a fraudulent, slanderous paper Record on you and your family, a confidential database openly shared among different agencies and courts but not to you (unless you file your FOIA, as we described). When we started getting our discovery three years ago we learned why it is called discovery, and the lies and fraudulent paper trail is beyond belief. Before now, the People did not know about these methods, to confront it.
Now you are building a case against them, becoming a Private Attorney General, a Prosecutor in your own case, coming after them for the abuse and unconstitutional laws being enforced under color of Law. No attorney will address the problem that the statutory scheme is unlawful, searches and seizures and taxation, licenses and fines, and especially databases must be shut down completely and we have to get back to something real - and quick . The problems are systemic and must be challenged beyond statutory rules. This has all been part of a grand experiment, and we see the folly of our unaccountability , now that we are being overrun by tyrants and perverts, a disgusting situation that has bottomed out on its lowest denominator at this time.
"When the People are afraid of the government, you have tyranny. When the government fears the People you have Liberty". Every rule, program, government effort called "protection" agency, is only to protect the State in every department, with supervisors and advisors exploiting each other and the protection is of their jobs and federal funding streams. At this time the state agencies are being funded by federal money, again, with no real effective oversight in place.
Our greatest hope is that everyone who reads this, will tell others, that we have rights beyond our wildest dreams guaranteed in the Constitution, that have been stripped. We have to share a vision free from oppression, where humans trust each other again and children are not criminals for being children, nor are people criminals for their personal choices or for not compromising to the consensus.
The Praxis, or consensus, is a dangerous undercurrent that has permeated all modern government, schools, business and psychology methods policies and thinking. Rather than Law, and Truth, some attorney, or administrator, or abused victim says "I think"; "I believe"; then "We Agree"; then, they gather others around them and everyone agrees so now it is a law". No one is accountable for the constitutionality of such legislation, nor is the State capable of monitoring unconstitutional legislation, when it is itself engaging in non-constitutional courts.
Numbers of People challenging and confronting this oppressive system will force the changes. Everyone must stop giving the government any money until the government is back in the hands of the People. At this time the Republican authority of the People, protected by the Constitution, is not in place. No one should give the government anymore data - not one question answered. At this time the major emphasis is on information gathering and databases on every person.
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All data that is being recorded is being shared, and used by the government against us. These Records are permanent, and label and criminalize people for life. We have the Constitutional Right to be free from self - incrimination, and we must start exercising this right, as all other rights.
At this time we cannot trust our government, who has declared war on our humanity, our families, our freedom, and which has become our enemy, as our rights are not being upheld nor protected, this in blatant Violation of the Public Trust. The Process outlined in this book can be used exactly the same way to Petition the Legislature; see Appendix V. Petition the Supreme Court, the Congress, your City Counsel. The main thing is file it, and send it everywhere to people in official capacities of authority who are responsible for your well being, not to allow the State to abuse you. Until you file it, nothing changes. The government tries to deprive Sui Juris litigants of all rights, and until the papers are filed everything you are doing is just talk. You have no cross complaint unless you have filed charges, stating the facts and irrefutable testimony in your own defense. Once you do, the case starts to turn in a whole new direction, and your persistence and vigilance to do the paperwork as it comes due, plain and simple, factual and truthful, will get your case noticed.
Capturing the Flag
When you go into the courtroom, take a little flag with you, one without fringe. You tell the judge that you are demanding a Constitutional Court, and that the gold fringe on the flag designates "color of law" (having a fourth color on the flag instead of red, white and blue). The gold fringed flag, according to US Code, stands over military, administrative and Admiralty Hearings according to those Rules. Natural Persons do not come into those jurisdictions, their Military and Administrative "rules" do not apply to you, and you tell him so. You tell him "I stand under THIS flag, not that one, as a Sovereign state Citizen in the Republic of (state name).
A Script for Arresting A Judge Appendix W
Constitutional Right of Citizens Arrest, All are Equal before the Law, and None are Immune apart from anyone else rights.
After you have made the Record in your case over and over, and been criminally violated and your Rights stripped over and over often by the same judge, you may need to exercise your Right of Citizens Arrest against the criminal Public Servant. This is not something to be done lightly, as you may be arrested making the indictment. Again, this is the best thing that can happen if you do, because you will demand a TRIAL BY JURY and lay out all the facts about the abuse of you and your family. This is another time when the courtwatch group must pack the courtroom, if possible, and you will need two who know you and your case, and who will stand, and state their names and "concur treason". The group must stand together and agree as one, acting as the "jury of the whole" and the "state Citizens ex rel" in that courtroom.
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Page 59
For a Judge or Public Servant to use their lucrative official positions of trust to violate the Constitutionally Protected Inherent Rights of the Natural Citizens, our Birthright and Inheritance, Sui Juris, Sovereignty in any way is TREASON. For any such Public Servant in any official or authoritative capacity to see evidence of criminal acts and fail to report or prosecute is MISPRISION OF FELONY. These are Capitol Crimes and Felonies, "High Crimes and Misdemeanors". The Constitution sets forth that there is "no class set apart" and that goes for all humans, equally accountable before the Law. No Special Rights and NO Special Immunities or Exceptions to the Law.
After making this Citizens Arrest, ON THE RECORD IN THE COURTROOM, you write out a document and title it "DEMAND FOR ARREST, PROSECUTION AND ARRAIGNMENT DATE TO BE SET" and file that on your County District Attorney. You file your prewritten arrest script and the Demand for Arrest on the court case number and on the judge also. Also a good idea to make copies for your legislators and other interested parties. Like the rest of your documents, you state who you are and what you want in the first paragraph, then make an affidavit of the facts and the "reasons as set forth". You always throw the ball back in to their court. If you are arrested making the Citizens arrest - do NOT take an attorney in jail - he will NOT argue the corruption of a judge or your Constitutional Rights. HE KNOWS it is not a Constitutional Jurisdiction you are being trapped into. You write your own paper, as stated, with a pencil and paper from the jail - that is what we, and others have done.
Everything is a QUESTION
Simply put, you place the burden back on the State where it belongs, by asking continually what their authority is for what they are doing. They have no lawful authority to compel contracts and restrict the lives of free innocent Citizens and Natural Persons Family Bodies, but you have to know your rights to know when they are violating them. We do not give them any authority over us, and we have learned that it is important to write "All Rights Reserved Without Prejudice" across every document and especially any time we sign anything. As a rule, DO NOT SIGN ANYTHING offered to you, as we know the state will go to great lengths to deceive people into giving out personal information or signing something, only to find out they will exploit deception and use your signature to act as "voluntarily" giving away your children, going to jail, paying taxes, agreeing to all manner of things that you never agreed to. YOU HAVE TO BE CAREFUL. LEARN YOUR RIGHTS AND PAY ATTENTION.
Should you be placed in a predicament where the prudent thing to do is sign something, be sure and write "UNDER DURESS - ALL RIGHTS RESERVED" next to your name...... if you are shackled and on your way down the hall as police are shoving something in front of you and threatening you if you do not sign it, like we have experienced, at least remember to write U.D. next to your name. DO NOT ANSWER THEIR QUESTIONS asking for personal information about yourself and your family, and do not allow interviews with members of your family, agree to mental health tests or evals- DO NOT LET THEM TOUCH YOU OR YOUR CHILDREN AT ALL or you are at serious risk of harm.
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We pray that everyone in every state in America, and then in the World, learn what it means to exercise Sovereign Inherent Rights in a courtroom and in their lives.
We expect the People to "bring forth remedy" by confronting their abusers, fearlessly, at every level with what they know, demanding accountability and prosecution for perjuring their oaths of office. Public Exposure and Financial Liability are the only two factors that will effect the system, and removing corrupt Public Servants. This new accountability and the restored authority "Inherent in the People" will allow moral integrity to be restored. The "greed factor" will cease to be the bottom line as it is now, the corruption and fraud cannot operate with everyone watching now. Everything that has been entrenched has happened in ambuscade, from a concealed position, deception and color of Law giving an appearance of Law to allow Public Servants to Violate the Public Trust without appearing to "break the Law". The LIGHT of JUSTICE shines forth in the courtroom and cannot be disputed when the Sui Juris Child of God speaks the TRUTH ON THE RECORD.
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APPENDICES
App- A (pg 29) Sample Freedom of Information Act Request- 61
App- B (pg 29) Demand for Discovery/ FOIA from our Records - 62
App- C (pg 31) Example of Complaint for Racketeering
and Deprivation of Rights from our Records- 63
App- D (pg 33) Sample Tort Claim Notice- 111
App- E (pg 33) Tort Claim Notice from our Records- 112
App- F (pg 34) Sample Motion for Summary Judgment - 113
App- G (pg 34) Motion for Summary Judgment from our Records- 114
App- H (pg 38) Sample Subpoena/Duces Tecum- 123
App- I (Pg 38) Subpoena from our Records - 124
App- J (Pg 43) Sample Motion - 126
App- K (Pg 43) Motion from our Court Records- 127
App- L (Pg 49) Sample Notice of Appeal - 130
App- M (Pg 49) Appellant's Brief from our Records - 132
App- N (Pg 50) Sample Indigency Waiver Form - 140
App- O (Pg 52) Motion Entered Oregon Supreme Court Oral Hearing - 142
App- P (Pg 53) Writ of Habeas Corpus- 151
App- Q (Pg 54) Writ of Quo Warranto- 156
App- R (Pg 54) Writ of Mandamus (includes Appendix W) - 160
App- S (Pg 54) Amicus Curiae Brief - 170
App- T (Pg 54) Amicus Curiae Affidavit - 173
App- U (Pg 54) Amicus Curiae Demand to Recuse Judge - 174
App- V (Pg 58) Petition to Legislature for Redress of Grievances - 178
App- W (Pg 58) Script to Citizens Arrest a Judge or Public Official - 164
App- X Conclusions of Law to use in your affidavits- 183
Constitutional Parental Rights caselaw - 185
"Cannot deny for want of form" caselaw on page 31
aho heyoka
Back Cover
SUI JURIS
The Truth in the Record
A Process For the People to Access the Courts
Did you know there is no such thing as "Constitutional Rights"? Your Rights are given to you
by God, your Birthright, your Inheritance, Sovereign, and cannot be restricted or taken from
you. The Constitution does not give you any rights, it RESTRICTS GOVERNMENT from
interfering in the Right of Sovereign Natural People to exercise their Inherent Rights freely.
Learn how to exercise these Rights and protect yourself by know1ng what your Sovereign
Inherent Rights are, in order to demand them in a courtroom.
Increasingly, people find themselves without any rights 1n court, entrapped in snares created
by state governments to create fines, seize private property, children, inheritances and
freedom. People are finding that their attorneys, often paid huge sums of money, do not
aggressively defend them, but actively work for the system.
Knowing the real nature of the court and what is happening against you is half the battle in
preventing the state from abusing you and your family. Learn why you do not want anybody
to "represent" you, how you give up your Sovereignty when you allow anyone to represent you.
Learn to tell the public servants in black robes that you do not allow them to violate your
Rights and abuse you. Learn to tell the court that you do not voluntarily comply with an
unconstitutional Statutory Corporate Administrative process and that you are not a
"Commodity " to "sustain" a "funding resource stream" for the STATE. Learn to go into a court
and exercise your Sovereignty, claim your Inherent Rights and make a Public Record of what
has happened to you.
Sui Juris is a Process to access the Public Record and force the facts of your abuse to be heard.
Learn to write your own motions and court documents, and confront any level of government
that you have come into conflict with. Learn to demand your Constitutionally protected
Inherent Rights in any legal situation, as well as confront unlawful government policies.
Learn how to force public servants into accountability. This book is written as simply as
possible, in layman's terms, reasonable and easily understood. Once you know your Rights the
courts cannot deceptively manipulate you anymore.
Sui Juris has forms to use, sample legal documents for a format to write your own legal
paperwork, and relevant information to paint a clear, full picture of the nature of the fraud
being openly conducted around you. Once you see it, you will be outraged! And they will not
be able to exploit you.
Appendix B
Demand for Discovery/FOIA Request from our Records
(we have amended this three times now.....)
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
Wilbur Russell Gaston, et al& ) Case No. 91JO740
) Related to: United States District Court
v ) Case No. CV-23-AS
STATE OF OREGON, et. al. ) DEMAND FOR PRODUCTION
) OF DOCUMENTS
_______________________ )
COMES NOW, Wilbur Russell Gaston, sui juris, and demands PRODUCTION OF DOCUMENTS necessary to my defense and the defense of my daughter, Melissa Ann Gaston.
ALL questions are to be answered and all discovery completed before upcoming hearings in Federal and State courts, the next hearing set for February 22, 1999. All parties are going to be called as witnesses, will be cross examined and shall disclose fully and completely the information demanded.
All records herein requested are to be brought forth in a timely manner by all parties and discovery shall be completed before trial can proceed. Many records requested contain exculpatory evidence, necessary to our family's defense and for impeachment of witnesses. Any requested records that are withheld will be criminal obstruction of justice and withholding of evidence, and all parties are being held accountable in Federal Court, Case No. CV-23-AS, for the ongoing conspiracy being enacted upon the Gaston family.
In addition to the records listed in the attached Freedom of Information/Privacy Act demand, specific disclosure of the following video tapes, audio tapes and documents are critical to any forthcoming hearings.
All records are discoverable not only under the Freedom of Information Act/Privacy Act, but also the Oregon Open Public Records Law, and all information is critical to the public knowledge of the methods and operations of government agencies; also parents right to know is paramount and as such I am lawfully entitled to every document bearing my name or picture or my minor children's names or pictures. According to judge Bennett, Oregon caselaw 1997, Lincoln County, anything the judge sees is to be disclosed to everyone or not allowed to be used in a court of evidence.
Any hearings or trials held before discovery is completed by all parties will be a violation of our family's civil rights and liberties of due process, and all parties shall be held accountable.
Parties specifically named are in bold type and are all being individually served, as well as those named in the body of the FOIA demand and addendum. All parties are expected to read the entire document and produce records that apply to them wherin demanded.
1. The PROSECUTOR shall produce a complete witness list, and complete information disclosing the intended testimony of each witness; also the relevance and purpose of each witnesses testimony that they are going to call. I expect an accurate list that will not be changed many times before trial, as in past proceedings. I expect this information in a timely manner, at least ten days before any trial in circuit court or federal court.
2. The COURT shall produce records from every hearing in Case No. 91JO740. In August, 1997, TERRY LEGGERT ordered JERRY FROST to produce all court records, that "parents right to know entitled Wilbur Gaston to all records" pertaining to himself or minor offspring. All court AUDIO and VIDEOTAPES, transcripts and exhibits shall be produced before hearings or trials.
3. The COURT shall produce a transcript videotape or audiotape of the hearing before JOSEPH OCHOA on October 31, 1996, in which a pornographic video of Melissa Gaston, made by HAZEL SPEES and LARRY LAWSON, was sealed. The COURT shall disclose the reports, letters, memos relating to an investigation of this pornography. All police reports, in particular by MICHAEL GOWER, Oregon State Police; all caseworker notes and all interactions between OCHOA, GREG WEST, LARRY LAWSON and DIANE RAINEY, caseworkers, shall be made known. All parties involved in sealing this tape and concealing knowledge of its existence shall be made known. By law, District Attorneys are to prosecute all crime, and DA DALE PENN has obstructed justice and aided and abetted child pornography and sexual abuse, helping to conceal knowledge of this videotape and intensifying the attack on Wilbur Gaston to prevent exposing state crimes.
4. The STATE OFFICES FOR SERVICES TO CHILDREN AND FAMILIES shall produce records of every foster parent, caretaker, respite care providers; any person with whom Melissa Gaston has been with for any time since March 20, 1996. All letters, reports, memos, faxes, telephone conversations, background information, criminal records, interviews, "star chamber" interviews between foster parents and caseworkers, all VIDEOTAPES and AUDIOTAPES of these interviews.
5. The COURT shall produce a signed JUDGMENT from judge MICHAEL SULLIVAN from the hearing of March 3-6, 1998. Three times this judgment has been requested with a motion objecting to form of order to file an appeal, and judge Sullivan refuses to Sign a judgment. or is concealing evidence of the existence of this document. The juvenile case is long in default in this matter. This must occur before any further hearings can be held as the court is without jurisdiction. All records, letters, telephone calls, faxes, audio and videotape of interactions between judge SULLIVAN, PAUL LIPSCOMB, WILLIAM HOWELL, DIANE RAINEY, LARRY PERTON AND DALE PENN pertaining to this case.
6 Production of VIDEOTAPE and AUDIOTAPE of the interview on March 2, 1998 wherein WILLIAM HOWELL, LARRY PERTON and RICHARD CONDON are talking to Melissa about "Daddy, Sex and Vaginas" "where she pees- woman's parts" and preparing her testimony the day before her appearance in chambers before judge Sullivan at the March 3, 1998 trial. The manner of the questioning and integrity of the interviewers cannot be determined nor can the credibility of the statements of this witness be determined. This VIDEOTAPE is necessary to our defense and the written reference to this interview is NOT sufficient.
7. The COURT and SOSCF shall produce a VIDEOTAPE and AUDIOTAPE of interviews with Melissa Gaston when she was first removed from her home March 20, 1996. By Law, there is to be an intake interview, VIDEOTAPED, and this videotape shall be disclosed, as well as all other VIDEOTAPES and AUDIOTAPES of interviews with Melissa Gaston and Amanda Maxwell.
8. Production of VIDEOTAPE, AUDIOTAPE and DOCUMENTS of the interviews and conversations with Amanda Maxwell, and specifically records of her preparation" for the '"up coming interview" with State Police Officer KEN PECYNA, or member of his staff A videotape of this interview on November 5, 1997 must be produced in order to know the demeanor of the witness and integrity of her testimony. Production of record of all conversations, memos, faxes, letters between BERNIE WILSON, Straight Ahead Shelter; with KATHY GARLAND, ROBERT FLEMING, SANDY CUTLIP, TRAVIS HAMPTON, CHAR HUGHES, OREGON STATE POLICE, KEN PECYNA, WILLIAM HOWELL and between caseworkers, police and any parties herein named. The written record of this interview taking place around October 13, 1997 is not sufficient to disclose the manner of the questioning of this witness, the integrity of the interviewers, and the credibility of the witness cannot be determined unless the video and audio tapes are brought forth. Production of all records, video tapes, audio tapes, letters, memos, faxes and reports about the history of Amanda Maxwell, specifically related to her sexual predator status, sexual offender treatment program, recorded abuse in foster care and previous allegations that Amanda has made about foster fathers in the past. All records relating to her sexual abuse in many foster homes and to her punishment of being forced to stand naked in a room full of people in the home of Shanna and Ionis Aldis, where Melissa was also burned and sexually abused. Also records of references to numerous interviews since 1991 where Amanda states her mother's boyfriend "Uncle Donny" and other FOSTER fathers have sexually abused her. The recorded references to these issues are NOT sufficient to determine the extent to which this witness testimony has
been tainted by abuse in foster care, overzealous prosecutors and caseworkers and biased counselors, and the exposure of this child to outside coercion shall be brought to light.
9. Production of all documents, telephone conversations, faxes, memos or recordings relating to the altered BIRTH CERTIFICATE of Melissa Gaston (Maxwell/Philips) wherein Wilbur Gaston's name was removed. Production of records of all contacts between EDWARD J JOHNSON, Manager Oregon Center for Health Statistics, ANN STEARNS, Federal Review Specialist, DIANE RAINEY, SOSCF caseworker and any other persons involved in this altering of records. Specifically related to a copied birth certificate dated March, 1992, and a request by DIANE RAINEY to "get a new birth certificate" in April, 1997. All parties shall disclose all related information about these documents, and jurisdiction and authority by which these alterations were made.
10 The COURT shall produce a record of the testimony of Melissa Gaston in court on July I1,1996. All records, audio tape, video tape and documents of this hearing and testimony shall be produced.
11. Production of all copies of letters, faxes, memos, conversations and telephone calls between LARRY PERTON, JUDGE TED CARP, NANCY LINK and WILLIAM HOWELL about Melissa Gaston or the Gaston family members. All interaction between these parties is to be brought forth, and the integrity of the court cannot be determined without full disclosure.
12. Production of all records, videotapes, audiotapes, faxes, memo's, letters between NANCY LINK, LARRY LAWSON, LARRY PERTON, DIANE RAINEY, WILLIAM HOWELL, SHIRLEY HARDWICK and SUSAN SNREC. Also the relationship between NANCY LINK and caseworker LARRY LAWSON being in the same office, shall be made known in order to examine the integrity of the interviews held with Melissa Gaston. Also, all VIDEOTAPES shall be produced to determine the manner in which interviews were conducted, and to determine the demeanor of the interviewer and Melissa.
13. All sealed motions and orders shall be disclosed by the COURT. In particular, disclosure of two sealed motions dated 8-20-98, and sealed orders signed by TERRY LEGGERT on 8-21-98, entered on 8-31-98, between attorney HOWARD COLLINS and CONNIE MAXWELL.
14. All records of interactions, interviews, letters, faxes between caseworker LARRY PERTON and private investigator G.E. MALLOW, also records, telephone conversations, video and audio tapes of interviews between GE MALLOW and any other named individuals in this discovery, all potential witnesses to testify in upcoming trials in state and federal courts.
15. All records of interactions, letters, telephone calls, faxes, audio and video tape recordings memos between GUY EDMONDS and LARRY PERTON, SUSAN SRNEC, MARY BLANTENSHIP, SHARON GRASSETH, WILLIAM HOWELL, JON PETERSON, JINNY WHITE, MIKE WILLIAMS,
TIM IRMEN, OSCAR HERRERA, DARBY WYATT, regarding Melissa Gaston (Maxwell/Philips) or Amanda Maxwell and in particular involving the foster home of SHANNA and IONIS ALDIS and alleged criminal activity. All documents are to be disclosed. All parties shall disclose information regarding meetings between members named, knowledge of abuse of the children in foster care, and knowledge of the criminal cover up and alteration of documents by named individuals, to conceal evidence of ongoing criminal abuse that is referenced in discovery. Dates of all meetings and those in attendance shall be disclosed. All "foster care assessment forms" pertaining to homes in which Melissa or Amanda have lived are to be disclosed, and all conversations, letters, memos, faxes, tapes, telephone calls between these individuals also.
16. All VIDEOTAPES, AUDIOTAPES, memos, reports, telephone conversations, faxes, letters and correspondence between GARY ROBERTSON, WILLIAM HOWELL, LARRY LAWSON, DIANE RAINEY and HAZEL SPEES, in particular relating to private interviews referred to in discovery having taken place in HAZEL SPIES home and GARY ROBERTSON is talking to Melissa about "sex, and putting straw up her butt' and encouraging child sex abuse . A VIDEOTAPE of this interview is to be produced, as well as other interviews that GARY ROBERTSON and/or KENNETH PECYNA held privately with Melissa. The written references to these interviews is not enough, and the integrity of these interviews shall be discerned.
17. All VIDEOTAPES and AUDIOTAPES and all other records from GUY EDMONDS, LARRY PERTON, LAURIE COX and MICHAEL LUKSCHU regarding a CARES NORTHWEST invasive sexual examination performed on Melissa on December 17, 1997. All letters, memos, faxes, conversations, reports are to be disclosed. In particular, parties shall disclose who was present in the room as Melissa was being sexually examined, and the videotape of this examination shall be disclosed. All information regarding the "Inconclusive" result of this exam shall be known, and what "abuse in foster care" GUY EDMONDS referred to in discovery as the reason for LARRY PERTON and himself ordering this examination. This is the third time the SOSCF has forced this 8 year old girl to go through this, and the last time was when she was taken from her father, and Dr. Steinberg found no evidence of sexual abuse and no disclosures incriminating her father. This latest examination is "inconclusive" and potentially shows evidence of rape and all information about Melissa's abuse in foster care is to be disclosed. Also, in particular, GUY EDMONDS shall disclose the "extensive documentation" that accompanied Melissa to the examination; including list of foster homes the child has resided in, dated December 11, 1997; CARES Northwest Program Medical/Social History Questionnaire; Family Identification Report, Dated November 11, 1994; Woodburn Pediatric Clinic Report, dated October 9, 1995; Silverton Police Dept. Report, Case 95-004898, dated October 5, 1995; Silverton Police Dept. Supplemental Report, 97-269088, dated May 5, 1997; Silverton Police Dept. Report, 97-00699; Therapists Notes, October 8, 1996; Emergency Room Report, Silverton Hospital, dated October 5, 1995; Woodburn Pediatric Clinic Report, dated April 13, 1994; SCF Telephone Intake, dated October 5, 1995 SCF Intake/Assessment referral, dated August 17, 1996; Protective Services Narrative, dated May 17, 1996; as well as all letters, notes, reports that were given to psychologists and doctors, and to whom these were given. Also, in particular, all information pertaining to Melissa "making suggestive movements with her body" and imitating pornography during her interview with LAURIE COX. The VIDEOTAPE of this Interview is to be produced. All records pertaining to Melissa Gaston and Amanda Maxwell that involve these individuals or these children, or any of the other Maxwell half-siblings, shall be disclosed. These documents are not only necessary to my defense but will provide the public with a greater understanding of the methods and operations of the child services agency in their investigations with children.
18. In the attached addendum, pertaining to judge PAUL LIPSCOMB and SHERIFF RAUL RAMIREZ, the following information shall be disclosed: A list of all persons who have been banned from the Marion County Courthouse and the reasons for this banishment. A list of all persons who are under surveillance when they enter and walk into the Marion County Courthouse, and the reasons why they are being watched without their knowledge. A list of who has been arrested in the courthouse in the past two years, and the reasons they were arrested, and the names of the arresting officers. This information shall be disclosed in the interest of the public right to know and is necessary to the Gaston family defense.
ALL DISCOVERY SHALL BE PRODUCED IN A TIMELY MANNER BEFORE UPCOMING HEARINGS IN CIRCUIT COURT AND FEDERAL COURT.
Wilbur Russell Gaston, sui juris
Copies attached to Case No. 91JO740
and served on all parties named in attached
certificate of service.
Appendix C
Complaint for Racketeering and Deprivation of Rights
(sample defendants included, you will name as many as necessary)
In The Circuit Court for the State of Oregon
For the County of Marion
Third Judicial District
Wilbur Russell Gaston )
Pamela K Gaston ) Case No. 00015926
VS )
STATE OF OREGON, CITY OF )
MT. ANGEL,MT. ANGEL CITY )
COUNCIL, STATE OFFICES FOR ) AMENDED COMPLAINT
SERVICES TO CHILDREN AND )
FAMILIES, (SOSCF),JOHN KITZHABER ) RACKETEERING,
HABER, WALLACE CARSON, MICHAEL ) DEPRIVATION OF RIGHTS,
GILLETTE, GEORGE VANHOOMISEN, ) MALICIOUS PROSECUTION,
HARDY MEYERS, ANCER HAGGERTY, ) PERJURY OF OATH,
MARY DEITS, TERRY LEGGERT, ) MISPRISON OF FELONY,
JOSEPH OCHOA, PAUL LIPSCOMB, ) CRIMINAL CHILD SEXUAL
CONNIE HAAS, DON DICKEY, ) ABUSE, PORNOGRAPHY,
PAMELA ABERNETHY, MICHAEL ) VIOLATION PUBLIC TRUST,
SULLIVAN, MITCHELL KARAMAN ) FRAUD, FALSE SWEARING,
LORAINE ANGLEMEIER, GREG WEST, ) INTENTIONAL INFLICTION
JOSEPH GUIMOND, WILLIAM LEWIS, ) OF EMOTIONAL DISTRESS,
CHARLES LUUKENIN, TED CARP, ) DEFAMATION, TRESSPASS
ERIC LARSEN, JAMESE RHOADES, ) CONSPIRACY.
WILLIAM BARLOW, FRED AVERA, ) Et Al, Ongoing Crimes
PIERRE VANRYSSELBERGHE, DENNIS )
GRAVES, MICHAEL REYNOLDS, GIN ) Demand for Trial by Jury
DENNISON, DINA VITOLINS, DAVID ) In Court of Constitutional
SWEET, JERRY FROST, DALE PENN, ) Judicial Due Process
WILLIAM HOWELL, SARA SNYDER, )
RAUL RAMIREZ, KAY TORAN, )
RAMONA FOLEY, SUSAN SRNEC, )
TONI PETERSON, LARRY LAWSON, )
OSCAR HERRERA, DIANE RAINEY, )
LARRY PERTON, TED MEECE, DINA )
VITOLINS TIM IRMEN, SHIRLEY )
HARDWICK, NANCY LINK, GARY )
ROBERTSON, RAUL RAMIREZ, DAVE )
MCMULLEN, OFFICER PASTOR, KENNETH )
PECYNA, RICHARD CONDON,JEANEAN )
WEST-CRAIG, PAUL ELSNER, BARBARA )
DIAMOND, THOMAS DOYLE, HAZEL )
SPEES, SHANNA ALDIS, IONIS ALDIS, )
SHIRLEY BAEZ, CONNIE MAXWELL, )
GUARDIAN MANAGEMENT )
CORPORATION, STATESMAN JOURNAL )
NEWSPAPER, RANDY MCKIBBEN, )
ANN HUBARD, NANCY MILLER, )
RENAULT CATALANI) )
_______________________________________ )
* DONALD KALBERER
** ROBERTA HUDDLESTON
** JANICE ZYRANOFF
** MICHAEL CONRAD
** JAMES BAND
** LOUIS GROSS
** JEFF CHARPILLOZ
Et Al, Defendants, Ongoing
***Richard Varvel,Elizabeth Uchytil, Caleb Heppner, Kem Sunich, Al Bushey, Lori Cox, CARES NW, Dale Nason, Rick Puente, Pam Helm/Briggs, CaptainAllen, Officer Scharn, Jack Mattingly, Ed Jensen, Randy Lunsford, Sylvia Stearns, Jerry Stearns, Michael Gower, Jerry Blaylock, Doug Garrett, John Gadberry, Al Allen, Stephen Bushong, Mignon Bruno, Andrea Bruno, Nico Vega, Santiago Reyes, Jeannie Vega, Victor Lopez, Donna Meyers, Judy Strom, Ruth Miklaucic, Kenneth Miklaucic, Debbie Masch, Amanda Maxwell,Whitney Spees, Doug Smith, * Kalberer Noticed in Complaint, not charged.
**Defendants charged in related Deprivation of Rights Case No. 00C15927, now in Federal Oregon District Case No. 00-1193-HA
***Defendants named in ongoing Complaints; previously charged, awaiting prosecution along with other herein named defendants.
PARTIES
1.
Plaintiffs
At all times mentioned herein Wilbur Russell Gaston was the natural father and custodial parent of Melissa Ann Gaston, minor offspring. Pamela K Gaston is the wife of Wilbur Russell Gaston and step mother to Melissa when returned to her home and family. Pamela K Gaston (Meziere) is the mother of Kevin J Meziere, minor offspring.
2.
Defendants
a. The STATE OF OREGON, hereinafter "Defendant State of Oregon" is the employer of below named defendants and is liable and responsible for damages for criminal acts performed by said defendants in their official and individual capacities as administrators and agents for the State of Oregon and agencies of the State of Oregon. Defendant State of Oregon is the principal which appointed and supervises below named agencies, administrators and agents of the State of Oregon.
Defendant State of Oregon legislated a statutory scheme known as Administrative Codes and Statutory Rules being enforced as Law which are unconstitutional and violating the civil rights of the Gastons, depriving due process of law in the Courts, Judiciary and agencies. Defendant State of Oregon has created estoppel for Oregon State Citizens to access their guaranteed Rights to a Trial By Jury in a court of Consxtitutional Judicial Due Process. The State of Oregon has usurped the Sovereignty of the Citizens guaranteed by the original Oregon Constitution and the US Constitution, committing TREASON and FRAUD, being silent and refusing to answer all questions of lawfull jurisdiction. The State of Oregon has turned the Oregon Judicial System into a criminal enterprise, accountable to no one, and blocking the Rights of the Citizens to the higher courts to excercise lawfull redress of greivances. The State of Oregon, in a confederacy of elected officials, bar member judges and attorneys in all three branches of government, state agencies and public/private partnerships, is operating a government of foreign jurisdiction to the original Oregon constitution, perjuring their oaths of office and violating the Public Trust with impunity and with absolute unaccountability. In the Oregon Supreme Court on August 9, 2000, Plaintiffs entered in to evidence the fraud of the Amended VII statutory "supplantment" in 1910 that allowed the provisional usurpation of the Oregon Constitution, without the Public awareness and using intentional deception. Attorney General Hardy Myers sent his representative AG Wasserman, who did not dispute or rebut any facts or evidence as set forth in that Record. Previous to the August 9 hearing, the systemic corruption of the process and manipulations of criminal agents of the state had gone unchallenged, but has now been completely discredited. At every level, Circuit, Appeals and Supreme state courts all motions are dismissed without evidentiary hearing and the State courts have demonstrated that they are incapable of policing themselves. The courts have unlawfully severed the Gastons family relationship for nearly three years without clear and convincing evidence, or ever charging anyone with a crime. The courts have and are proceeding on a noncrime with no grand jury indictment. The courts have wrongfully "taken jurisdiction" over Melissa Gaston, yet the Law Commission at this time cannot define the word "jurisdiction". The state and the agents of the state have attacked Plaintiffs, brought a WAR against Plaintiffs family, instead of prosecuting the agents of the state who have committed criminal acts against her and the Gaston family. . Defendant State of Oregon is liable for the damages caused by its courts, agencies and agents for said violations of established rights due process, criminal abuse and deprivation of rights and liberties of the Gastons. Defendant State of Oregon can sue and be sued.
b. CITY OF MT. ANGEL is engaging in a campaign of harassment against Plaintiffs, violating and restricting Plaintiffs Rights of Privacy and Private Property.. City of Mt. Angel has never produced evídence of right or authority over Plaintiffs private property, and cannot lawfully defend committing tresspass and malicious seizure to control Plaintiffs private property. Mt. Angel and Mt.Angel City Council are enforcing unlawfull arrests, searches and seizures, creating unlawfull pains and penalties, under color of law, enforcing unconstitutional rules to violate and opress the citizens.
The City of Mt. Angel is conducting unconstitutional sham court proceedings, in the Mt. Angel Municipal "court", a "court" of Nul Tiel Record, and a "court" of limited judicial process, having no authority to fine or convict any free natural person acting in a limited unconstitutional authority. Justice of the Peace Janice Zyranoff finds defendatns guilty in this tribunal without evidence of any crime committed or alleged. The City of Mt. Angel extorts and profits from executing pains and penalties, which going unpaid, result in defendants in the tribunal being arrested and incearcerated. City of Mt. Angel did not appear with legal representative at trial, allowed a Police Officer to represent the City, and no bar member represented the City in court, nor was the City of Mt. Angel able to defend its blatantly corrupt and intrusive practices..The City of Mt Angel agents and employees, along with the Mt. Angel Police Chief and officers are intentionally ignoring Plaintiffs rights to be free of excessive and opressive police harassment, and Plaintiffs are without protection from the abuse of the agents of the Mt. Angel government. Mt. Angel has never produced evidence of ownership or lawfull authority to restrict Plaintiffs private property, and The City of Mt Angel and the Mt.Angel City Council is violating twenty years of adverse possession on top of Mt. Angel having no right to tresspass or restrict Plaintiffs at their home. Mt. Angel is also using this same fraudulent enforcement to aid and abet the harassment and tresspass of Louis Gross, a bitter old man who is on a campaign of revenge or hatred against Plaintiffs, driving on Plaintiffs property continually, wihthin feet of Plaintiffs living room windows, harassing Plaintiffs and tresspassing, and the City of Mt. Angel and the Mt. Angel City Council refusing to uphold Plaintiffs Rights to be free of such criminal abuse, and violating Plaintiffs rights in the extreme refusing to protect Plaintiffs in their home and on their person, as constitutionally these public servants have sworn an oath to protect.
Mt. Angel is engaging in unconstitutional rulemaking, enforcing ordinances that have been created by consensus, by people who have no knowledge whatsoever of the constitution even though they give lip service to an oath to support it. These ordinances violate inherent constitutional rights of Privacy, Property, freedom from excessive government control and intervention, freedom from unlawfull seizures and unconstitutional profiting of the city by such seizures. The "ordinances" are not Laws, are intentionally vague, arbitrary, void and unenforceable, and the City of Mt.Angel in collusion with the Mt. Angel Police Dept. are using nuisance ordinances to write citations to seize property and restrict citizens rights and profit from the citations and the taking of the property, all completely unconstitutional. The extortion for profit scheme involves rewards and goal setting for citations and fines and seizures, and the amounts of the fines kept at a level whereby it is more costly for the accused to plead not guilty, than to admit guilt and pay the fine. The rules are set up in such a way that it costs less to plead guilty, and the accused faces a stacked deck of no due process, where if he fights, he usually loses anyway, is lied to about his rights by the judge, told they must hire an attorney when they have no money, are scared and intimidated, with the court ignoring factual evidence against the state or officers, dismissing cases against the state routinely, without opinion, continually. The rules are made deceptivelly, under the facade and pretext of "best interest of the courts" and "best interests of the community" to "keep costs down" by keeping cases "out of the courts". These policies deny the accused all constitutional Judicial Due Process for the facts to be heard by a jury and for the jury to decide the "facts and the Law". This is the scheme that has kept these outlaw practices in the dark until now, and People unware of such policies until they get entrapped in it. Mt. Angel City Council is making decisions in closed "executive " sessions, clandestinely, including firing previous City Administrators and joining into contracts with the Union of Police, discussing and acting with bias in land use issues and annexations, without Public authority, knowledge or opportunity to hear and vote on the issues affecting every citizen in Mt. Angel. The Mt.Angel City Ordinances" are being enforced as laws, under color of law, having never been voted on by Mt. Angel electors, and being unconstitutional to enforce. Administrative rules do not apply to innocent, free, natural citizens, only to individuals and corporations who have knowingly contracted to agree with such contracts. The constitution states "no expost facto laws" can be made, and it is FRAUD to engage in contracts concealling or omitting or with a party unknowing. City of Mt. Angel and Mt.Angel City Council are unlawfully creating ex post facto rules, for profit and self interest. Mt. Angel governing body cannot lawfuny deprive sovereign free persons of their Rights, create fines, pains and penalties, cannot imprison or create entrapment for further injury, as in exploiting fines, unpaid, that become "crimes" and subject the person to arrest and imprisonment for the unpaid fines. The City of Mt. Angel has shown no evidence of "public safety" issues in these opressive and unconstitutionally restrictive ordinances. Government has no lawfull authority to restrict the rights of free, natural citizens, without probable cause of a crime, and injured party, Lawfull warrants, probable cause affidavits and arrests, and Lawfull Constitutional Judicial Due Process to deal with the crime. City of Mt.Angel and Mt. Angel city council is violating the rights of free, natural, innocent citizens to manufacture such unlawfull "ordinances", completely based on opinions and bias of the City Council and not based in Law at all, and Mt. Angel electors completely unaware of such rule making, or having any say. Mt. Angel has in the past three years engaged in racial profiling, entrapment, swat team raids with guns at the babies heads in the predawn hours in Mt. Angel homes, many forms of officers acting in their own authority, a long history of corruption in the Mt. Angel police chief position, innaccountability of Record keeping; Mt. Angel is on a National website for speed traps, known for entrapping drivers travelling in and through Mt.Angel, particularly Hispanic and Russian appearing people, exploiting people using "nuisance ordinances";seat belt infractions, tail light infractions, parked vehicles, weeds, and the like, using these unlawfull ordinances to violate the rights and extort money back for the city and the agencies to profit from the citatíons they write and the property and fines they can create. The City of Mt. Angel has used these arbitrarily against Plaintiffs, violating equal process, $500.00 citations have twice been issued to Plaintiffs, yet at the same time Mt. Angel police testified that no more of these citations have been created to anyone else, and at the same time weeds are growing all over Mt. Angel, on private and City property as well. The intentionally vague language is interpreted with bias and prejudice by officers and agents all acting in their own authority, criminalizing innocent citizens, public servants who are outlaws to the citizens constitutional protections. The people in the courts have no rights of redress whatsoever, vastly overrepresented by Hispanic and Russian defendants, but the key word is poor or vulnerable, as Plaintiffs are unable to afford to "keep up with the Joneses", and do not have to answer to "Big Brother" opressive police tactics.
City of Mt.Angel is engaging in unlawfull and opressive rulemaking, "changing the rules", unfriendly, controlled, intolerable practices different from years past, when always the City would notify citizens in written warnings when there was some need to have something done. No one was ever cited for their yards, poor people were not further injured by excessive fines if their water was turned off, making it even harder to pay, on and on. Many policies, people getting along and leaving each other alone, are being stripped now, and the Police presence is chaotic and creates turmoil, when the police have no authority as peace oficers to surveillance Mt. Angel as a criminal target, and the Police are rewarded, calling their for profit criminal industry and victimization "Goal Reaching" for "successfully completed cases". Justice Zyranoff says "guilty", the City gets its money, the justice and the cop get their reward - all extortion and FRAUD and extreme violation of the Public Trust. City of Mt. Angel and the Mt.Angel City Council is knowingly engaging in this FRAUD and EXTORTION, having been advised and are continuing to break the Law. Plaintiffs move the court for DECLARATORY JUDGEMENT to establish the Constitutional authority of the Mt. Angel City Ordinances, in particular what are referred to as "nuisance ordinances". Plaintiffs move the court to force Mt. Angel governing body to produce evidence of the authority of the rule making of the Mt. Angel City Council and Administrator Roberta Huddleston, who are enforcing administrative rules, using them to restrict free, innocent Mt. Angel residents, who have committed no crime, nor been charged with a crime. Plaintiff moves the court for DECLARATORY JUDGEMENT to establish the authority of the same government body to enact intentionally vague, oppressively and unlawfully restricting the rights of citizens and their uses of their personal property without government control. Plaintiffs demand that Mt.Angel governing body produce evidence to establish Lawfull authority to search, seize, control, cite, fine, restrict, arrest, or in any way intervene and profit from that act, against the constitution. The opressive and arbitrary rule making of the Mt. Angel governing body is being enacted throughout Oregon communities, under the Socialist Militaristic agenda called "Community Policing" and "Benchmarks Goals 2000" agenda. These are unconstitutional policies, void of law, and are being challenged at this time. This DECLARATORY JUDGEMENT will apply to every form of unconstitutional legislation, from City Council rule making to County rulemaking to State rule making - IF IT IS UNCONSTITUTIONAL, IT IS TREASON, FRAUD and unenforceable and void of Law. Plaintiffs move the court for evidence of the authority of Mt.Angel City government to create unconstitutional policies, codes, ordinances and rules, or to produce evidence that these policies, codes, ordinances and rules are not in Violation of the Public Trust, being enforced while under color of law and unconstitutional.
c. MT. ANGEL CITY COUNCIL current members are Mt. Angel Mayor Tom Bolton, City Council members: Anthony Arce, Thomas Bauman, Michael Donohue, Michael Hansen, Jeffrey B Lucas and Deanna Verboort, and to include any new council members who are elected and engage in the same ongoing unlawfull processes and policies. The statements in paragraph "b", relating to The City of Mt. Angel, are reiterated, and the Mt. Angel City Council is responsible and accountable for writing and enforcing stated unconstitutional violations, and for conducting an unconstitutional government, for profit to the City, in Mt. Angel. These individuals are in violation of the Public Trust and their Oaths to protect and serve the Citizens of Mt. Angel by engaging in said outlaw government.
d. STATE OFFICES FOR SERVICES TO CHILDREN AND FAMILIES (SOSCF) hereinafter known as "Defendant SOSCF", is a division of the Dept. of Human Resources, and is responsible for the reasonable care and safekeeping of children removed from their families by the State of Oregon and kept in foster care. This agency is also the overseer and is responsible and liable for the direction of all adoption services in the State of Oregon, (private and state), child care centers, prenatal, child and youth programs. This agency is also responsible for all family services for health and welfare of families and is funded by federal and state tax money, social security funds, health and welfare funds and profit from associated subcontracted agencies and associations. This agency is to follow the Social Security Act and the Child Welfare Act to receive their federal funding. This agency is also acting outside of its jurisdiction acting as an enforcement agency, investigative agency and controlling court procedures. The SOSCF is acting with no overseer authority in place, no unbiased grievance process and manipulating all parts of the taking of children, the keeping of children and the selling of children. These children are taken from their families in extreme violation of due process of Law and at the same time depriving inviolate Constitutional rights of the citizens of the State of Oregon to be free to raise their children and to be free from criminal and unlawful intervention by the State of Oregon. The Defendant SOSCF wrongfully took Melissa Gaston from her home March 20, 1996 and has ever since attempted to fabricate probable cause for their criminal abuse severing the Gaston family. The Defendant SOSCF is responsible and liable for damages by its administrators, agencies and agents in their official and individual capacities. The Defendant SOSCF can sue and be sued.
e. JOHN KITZHABER is the acting Governor for the State of Oregon. John Kitzhaber has complete overseer responsibilities for the administrators, agencies and agents and is liable for the conduct and activities of such parties. John Kitzhaber has personally appointed the administrators of these agencies and has intervention responsibilities to act in the behalf of the citizens of the State of Oregon for their protection and welfare from state abuse of powers and authorities. John Kitzhaber has been acting in the Government of the State of Oregon since 1987 in various capacities as legislator, representative and governor, acting on the boards of Human Resources and Commission on Children and Families and is fully knowing of the complaints of the citizens of abuse of authority by the Defendant SOSCF for at least 11 years and refuses to investigate or act on the behalf of the families and children who are being destroyed by this agency and its agents. Rather, John Kitzhaber has declared that the State is to be the parent and guardian of the children and not the biological parents. Children are to be taken for the state to provide services, in this, the state creates families that the Defendant SOSCF can subsidize. John Kitzhaber has had full knowledge of the escalating retaliation and abuse of the Gaston family for over a year and refuses to investigate or intervene in their behalf. He is failing to protect and serve innocent people to protect his appointed administrators with criminal intent , criminal negligence and allowing not only the Gaston family's liberty rights to be stripped, but is allowing criminal violation of Melissa Gaston's personal rights and deprivation of her personal liberties. John Kitzhaber can sue and be sued in his official and individual capacity.
f. WALLACE CARSON is the acting Chief Justice of the Oregon Supreme Court, with jurisdiction over all lower courts and responsibility to oversee and prevent the abuse of citizens by these courts and the judiciary. Mr. Carson is conducting a judicial process that constitutes a criminal enterprise. Mr. Carson has known of the ongoing retaliation of the Gaston family for over a year directly, and has refused to intervene. Mr. Carson has instead, personally brought in many out of county and retired judges to sit on the Gastons hearings and these judges have conducted sham proceedings without due process always finding in states interest with complete disregard for matters of facts or established undisputed testimony. Mr. Carson has, with deliberate indifference and contempt of innocent citizens, ignored and dismissed without hearing Writs of Mandamus brought to him in a desperate attempt to find remedy from state abuse by the Defendant SOSCF destruction of their families. He has refused to act in the behalf of the Gastons in this matter being brought to the Federal Court in this Complaint. Defendant Carson can sue and be sued in his official and individual capacity,
g. MICHAEL GILLETTE Acting Chief Justice Wallace Carson recused himself on January 11, 1999 from any involvement in the Gaston case, being named in the federal lawsuit CV-99-23-HA. Mr Gillette stepped in and has obstructed justice by refusing to allow a hearing or to investigate to protect innocent citizens in full view of criminal abuse. Mr. Gillette, as well as Mr. Carson, have failed to uphold their oaths to protect the people, to prosecute crime, or to oversee the judiciary as is their obligation. Mr. Gillette has conspired with the other named defendants and fellow bar member judges and attornies to deny the Gastons due process of Law or to prosecute to the fullest extent of the Law or to uphold equal protection of Law. Mr. Gillette is aiding and abetting the other named individuals to destroy the Gaston family and to prevent them from exposing the criminal activities of named state employees, authorities and fellow judiciary. Mr. Gillette falsely represented his appearance in a hearing related to Plaintiffs on August 9, 2000, wherein Mr. Gillette stated that he appeared at said hearing, when in fact Mr. Gillette did not appear. Mr. Gillette can be sued in his personal and official capacities, and acting out of his jurisdiction, has no immunity from prosecution and will be personally held accountable to the people for whom he serves as a public servant, as are the others named in the Complaint.
h. GEORGE VANHOOMISEN When Acting Chief Justice Wallace Carson recused himself on January 11, 1999 from any involvement in the Gaston case, being named in the federal lawsuit CV-99-23-HA, Mr VanHoomisen stepped in and has obstructed justice by refusing to allow a hearing or to investigate to protect innocent citizens in full view of criminal abuse. Mr.VanHoomisen, as well as Mr. Carson, have failed to uphold their oaths to protect the people, to prosecute crime, or to oversee the judiciary as is their obligation. Mr.VanHoomisen has conspired with the other named defendants and fellow bar member judges and attornies to deny the Gastons due process of Law or to prosecute to the fullest extent of the Law or to uphold equal protection of Law. Mr.VanHoomisen falsely represented his appearance in a hearing related to Plaintiffs on August 9, 2000, wherein Mr.VanHoomisen stated that he appeared at said hearing, when in fact Mr. VanHoomisen did not appear. Mr. VanHoomisen is aiding and abetting the other named individuals to destroy the Gaston family and to prevent them from exposing the criminal activities of named state employees, authorities and fellow judiciary. Mr. VanHoomisen can be sued in his personal and official capacities, and acting out of his jurisdiction, has no immunity from prosecution and will be personally held accountable to the people for whom he serves as a public servant, as are the others named in the Complaint.
i. HARDY MYERS is the acting Attorney General for the state of Oregon. Mr.Myers has the responsibility and obligation to bring investigation and prosecution when knowledge of criminal behavior becomes known and to protect innocent citizens from state abuse by agencies and agents of the state. Mr. Myers has overseer responsibilities of the District Attorneys and Deputy District Attorneys and their methods and operations in prosecuting individuals in criminal, civil and juvenile courts. Mr. Myers has, with deliberate indifference and complete disregard refused to act in the Gastons behalf knowingly for one and a half years as his agents have escalated malicious prosecutions, creating and upholding fraud and false arrests and imprisonment. He has refused to bring any investigation into known criminal behavior by agents of the state of Oregon and refused to act to investigate the Gastons case even after Silverton Police Chief sent the case up to the Justice Department requesting investigation and looking for jurisdiction for prosecution. Mr. Myers has refused to be accountable for any of the criminal acts of his subordinates, and has repeatedly sent assistant Attorney Generals into the Gastons hearings to request restraining orders to conceal records needed for the Gastons defense. Mr. Myers quashes his subpoenas every time the Gaston's serve him, in their attempts to have him come into their hearings and see the blatant lack of due process they encounter and violations of their constitutional rights by the courts, judiciary and district attorneys. Mr. Myers personally sends deputy Attorney Generals into the Gaston hearings to act in the states behalf to dismiss every motion the Gastons have brought with Judges stating on the record that "facts are not an issue" and without facts finds in the states interest. Mr. Myers can sue and be sued in his official and individual capacities.
j. JUDGE ANCER HAGGERTY - Judge Ancer Haggerty is a federal judge in the US District Court for the STATE OF OREGON. Mr. Haggerty is the judge from whom these orders to dismiss are being appealed. Haggerty is judge number SEVEN, the District Court refusing to allow hearing, stating "a hearing is unnecessary". This with malicious and complete indifference to the jury verdict from April, 1998, that extablishes the guilt of the defendants involvement in racketeering and conspiring. Mr. Haggerty refused to allow timely hearing, refused to intervene or act on many motions for injunctory relief, stating all motions to be "moot" as he dismissed without hearing the whole case, including two enclosed habeas Writs that he refused to act on. This case was filed on January 8, 1999, and still, October 1999 now, and absolutely no redress of grievances, only dismissal and sent back to the juvenile court in a viscious circle of no constitutional rights. Mr. Haggerty is failing to act to protect a child and family from severe criminal abuse, fully knowing, and is aiding and abettting the other herein named defendants in their conspiracy to completely destroy the Plaintiffs and prevent public exposure of many STATE crimes. Mr. Haggerty will not be "immnue" as all of the other STATE employees think they are also above the Law. The Law SHALL be enforced EQUALLY and he will be held accountable personally for these crimes. He is violating his oath to uphold the constitutions and to the public trust, refusing to protect or allow fair and timely hearing for the TRUTH to fully come out. Mr. Haggerty is obstructing justice, acting with bias and prejudice on behalf of the STATE OF OREGON, as compromised as all the other bar members and judiciary named in this Complaint. Mr Haggety SHALL be accountable in his personal and official capacity
k. MARY DEITS is the Chief judge of the Oregon Court of Appeals. Judge Deits has denied Plaintiffs appeals without hearings, without authority and without Law. Judge Deits has violated the Public Trust to uphold her oath to protect the Citizens Inherent Rights and to allow courts of Constitutional Judicial Due Process of Law. Judge Deits has refused all hearings, routinley confirms wihtout opinion whatever position the state of Oregon manufactures, upholding FRAUD and MALICIOUS PROSECUTIONS and creating estoppel for Plaintiffs to excercise their Constitutional Right of redress of greivances. Judge Deits is intentionally ignoring a Body of evidence of undisputed and established criminal acts of herein named defenants, ongoing at this time. Plaintiffs have no protection, no appeallate process, and are routinely dismissed by the entrapment policies of the Court of Appeals, one example, the court refuses to order transcripts for free for indigent cases, then dismisses the appeal for failure to submit transcripts in a timely manner. Judge Deits is knowingly, snake eyed, upholding the FRAUD of the bar member judges and attorneys in the lower courts and tribunals, and allowing their facades of "clear and certain", without any credible evidence. To be used to take children from their families. Judge Deits at this time has been sitting on a state motion to dismiss Plaintiffs Appeal of cham termination of Parental Rights, as the Law Commission is moving to write new "rules" to restrict parents right to appeal the terminations of their children. Judge Deits at this time is sitting on an appeal of a sham jury trial in the court of judge Kalberer, where pornographer Hazel Spees was awarded $500,000.00 by a deceived jury, who heard no evidence and where Plaintiffs were forced to leave before the jury was seated. Judge Deits has dismissed the appeal of this bogus and malicious fraud, even though Judge Kalberer conducted the sham trial in order to get the corrupt case in to a higher court where the definite "appealable issues" would be addressed. Judge Deits, in collusion with the state judges and attorneys, fellow Appellate bar member judges and attorneys, her bar membership associates, and the Supreme Court judges, is committing treason to the constitution and violating the Public Trust. Judge Deits is acting in Bad Faith, violating the code of judicial conduct, and committing misprison of felony by aiding and abetting an established criminal enterprise and conspiracy, confirmed by jury verdict in April, 1998. Judge Deits has no authority to commit crimes using her position of authority to violate the Oregon Constitution, original, nor is judge Deits immune in any way for her criminal acts. Judge Deits can sue and be sued in her personal capacity as well as her official capacity.
1. TERRY LEGGERT is a juvenile court judge in Marion County. Judge Leggert has written many orders to keep Melissa in foster care with full knowledge that there was no Lawful authority to restrain her. Judge Leggert has written many orders acting out of her jurisdiction with full knowledge of criminal activities and has participated in concealing knowledge of crimes by Defendant SOSCF and agents of the state. Judge Leggert has upheld fraudulent, duplicated unlawful petitions in violation of the Gastons right of due process and has conspired with other named defendants to keep Melissa from coming home and to protect the liability of the state for criminal activities. Judge Leggert can sue and be sued in her official and individual capacities.
m. JOSEPH OCHOA is a circuit court judge in Marion County. Judge Ochoa has participated in the concealing of records and the sealing of a pornographic video made by caseworker Larry Lawson and foster mother Hazel Spees of seven year old Melissa Gaston. Judge Ochoa has violated the public trust by failing to protect Melissa Gaston with full knowledge of criminal sexual abuse occurring to her and sealed this video rather than bring any prosecution against those who performed criminal acts against her. Judge Ochoa has conspired along with other named defendants to uphold fraud and failed to report child pornography with full knowledge of criminal behavior in an attempt to prevent state liability for the activities of the Defendant SOSCF and its agents. Judge Ochoa can sue and be sued in his official and individual capacities.
n. PAUL LIPSCOMB is the presiding judge at the Marion County Courthouse. Mr. Lipscomb has acted with malicious intent repeatedly creating fraudulent orders with no lawful authority and acting out of his jurisdiction to violate the human and civil rights of the Gastons. Mr. Lipscomb has caused the false arrest of Wilbur Gaston twice and false imprisonment and the false arrest and imprisonment of Pamela Gaston. Mr. Lipscomb has stated on the record that he acts in his own authority banning people from the courthouse without charges, hearings or lawful orders. Mr. Lipscomb testified that his only "boss" is the voting booth. Mr. Lipscomb has stated that he routinely holds in chamber hearings with attorneys and district attorneys and caseworkers and prevents the defendants from attending. Mr. Lipscomb stated in a hearing in January 1998 that he would have no reason to see the pornographic video of Melissa Gaston, yet called this video to himself two weeks later after asking the district attorney where the video was. Mr. Lipscomb has repeatedly denied the Gastons of their rights, especially as sui juris defendants, and has refused to sign all orders, refused to hear all motions,refused all requests for ex parte time, refused to set any requested hearings and has repeatedly blocked the Gastons from obtaining their records of case files in the Marion County Courthouse. With deliberate and malicious intent, Mr. Lipscomb has denied the Gastons the right of due process not only in his court but by controlling other hearings occurring in the Marion County Courthouse. Mr. Lipscomb admitted in sworn testimony that he has had the sheriffs in the courthouse follow and notify him when the Gastons are in the building, and to follow the Gastons when they are in other courthouses, preventing them from conducting their business and in extreme violation of their right to travel freely in public buildings and prepare their defense for court. Mr. Lipscomb can sue and be sued in his official and individual capacity.
o . CONNIE HAAS is a referee judge in the Marion County Courthouse. Ms. Haas has conspired with the other defendants to silence the Gastons and upheld a stalking ordinance in violation of the first amendment rights of the Gastons to write a newspaper. Ms. Haas created a fraudulent stalking restraining order to prevent publication of documents received from the Attorney Generals office describing criminal acts by the Defendant SOSCF and agents of the state. Ms. Haas attempted to render the Gastons vulnerable by not only upholding this fraud but by adding to an order to get a mental health exam, which the Gastons refused to do. The Gastons were found not guilty by a jury of violating these orders because the judges were found to be conspiring along with other defendants to retaliate against the Gastons to silence them and to enable the state to prevail at costs and avoid liability and prosecution of the judges and agents of the state. In full knowledge of pornography and child sexual abuse of Melissa Gaston, Ms. Haas instead acted to silence public knowledge of these crimes. Ms. Haas violated Mr. Gastons civil rights when she knowingly forced Pamela Gaston from her courtroom without cause, knowing that Mr. Gaston is hearing impaired and was not given hearing devices to understand what she was doing to him. Ms. Haas can sue and be sued in her official and individual capacity.
p. DON DICKEY is a circuit court judge in Marion County. Mr. Dickey has conspired along with other named defendants to protect states interests and uphold fraud to avoid liability and prosecution for criminal acts by the SOSCF and agents of the state. Mr. Dickey unlawfully created a fraudulent stalking restraining order in an attempt to prevent the Gastons from publishing a newspaper describing the pornographic sexual abuse that the state enacted upon Melissa Gaston. With full knowledge of child pornography, Mr. Dickey rather acted maliciously to prevent public knowledge of state criminal acts. Mr. Dickey stated aloud on the record that "he was not sure that a newspaper could constitute stalking" but created a stalking restraining order anyway. Mr. Dickey added "get a mental health exam" to the order in an effort to render the Gastons vulnerable in that if they violated this order they could be arrested for contempt and if they participated in this rendering by a state doctor, the state could find some problem in their thinking and then the state could further abuse their family and put them in a mental hospital - all efforts along with other named conspirators to prevail at all costs and prevent the Gastons from speaking about the ongoing retaliation that the state is enacting against their family. Mr. Dickey can sue and be sued in his official and individual capacity.
q. PAMELA ABERNATHY is a circuit court judge in Marion County. Ms Abernethy has conspired along with other named defendants to silence the Gastons from writing or speaking about the abuse their family has suffered and instead she has protected the pornographer/foster mother Hazel Spees by issuing a verbal restraining order outside of her jurisdiction . With full knowledge of criminal sexual abuse of Melissa Gaston, Ms. Abernethy refused to investigate and on the record, with prejudicial bias told the Gastons that they would "get a jury trial" but would not prevail in court against the state. Ms. Abernethy conspired with the state appointed attorneys for Spees to set up the Gastons by enacting a plan where a summary judgment, without facts or evidence brought forth, would create a jury trial on damages alone against the Gastons and the state and Spees would prevail. Ms. Abernethy conducted a fraudulent proceeding with malicious intent and no legal authority and without having summoned the Gastons before the hearing (The hearing was created after conferring with judges Haas and Dickey on December 12,1997) in an attempt to silence the Gastons from telling the truth about Spees and to prevent public knowledge of criminal acts by agents of the state of Oregon. Ms. Abernethy can sue and be sued in her official and individual capacity.
r. MICHAEL SULLIVAN is a circuit court judge from Deschutes County acting in the Marion County Courthouse. Mr. Sullivan has conducted malicious biased proceedings in his court in extreme violation of the Gastons civil and human right of due process and in full knowledge of criminal sexual abuse of Melissa Gaston by the Defendant SOSCF and agents of the state. Mr. Sullivan created a fraudulent order designed to defame and incriminate Mr. Gaston and allow the state to terminate parental rights of Melissa Gaston. With deliberate intent Mr. Sullivan allowed discredited, hearsay testimony to be upheld as evidence, allowed discredited reports to be used as evidence and withheld exculpatory records from Mr. Gaston needed for his defense. Mr. Sullivan ignored sworn testimony by two caseworkers and a counselor that there "was never any credible evidence to have taken Melissa Gaston from her father nor to have kept her in foster care". Mr. Sullivan chose with extreme indifference to Melissa's welfare to send her back to her abusers after hearing the caseworkers and counselor describe how
they had full knowledge of her being burned, sexually abused and exploited in at least three of the fifteen foster homes she has been in, pornography made using her, sexual exploitation and encouraged child sexual abuse of Melissa by agents of the state, foster parents, caseworkers and police. Mr. Sullivan heard testimony of how no investigation was ever brought into these criminal matters, and Mr. Sullivan did not report or bring investigation either, even viewing the pornographic video along with Mr. Gaston in his court and stating on the record that it was "exculpatory". Mr. Sullivan violated the Gastons inviolate right of due process by disallowing a jury trial after stating that he would address the Gastons "MOTION FOR DISMISSAL OR IN THE ALTERNATIVE A JURY TRIAL". This motion was never acted on. Mr. Sullivan further violated the Gastons civil and human rights by using "preponderance" as a standard to "adjudicate" Mr. Gaston, never charging Mr. Gaston with a crime, yet refusing to rightfully and lawfully return Melissa to him. The Supreme Court has established that the higher
standard of "clear and certain must be established in order to terminate parental rights" yet Mr. Sullivan is aiding the ongoing scheme to deprive Mr. Gaston of his daughter no matter what the real facts are, with complete disregard for Gastons inviolate right to protect his daughter from the abuse she has suffered at the hands of the state in foster "care". Mr. Sullivan acted in conspiracy with the other named defendants to cause the state to prevail at all costs to prevent Melissa from coming home and allowing her to reveal all of the heinous abuse she has suffered, and to prevent the state and Defendants SOSCF and agents from being liable for their criminal acts and illegally talking and holding and abusing Melissa for two and a half years. Mr. Sullivan can sue and be sued in his official and individual capacity.
s. MITCHELL KARAMAN is a circuit court judge from Jackson County acting in Marion County. Mr. Karaman has conspired along with the other named defendants to insure that the state would prevail in all matters and has acted in furtherance of the ongoing retaliation and attempts to silence the Gastons from talking or writing their newspaper about the abuse their family has suffered from the criminal acts of the Defendant SOSCF, its agents and the courts. Mr. Karaman maliciously allowed a courtwatcher, DottiAnn Blakemore attending the Gastons hearing in his court, to be beaten, tortured and falsely arrested by sheriff Dave McMullen, doing nothing to stop this criminal act. Mr. Karaman perjured himself saying he had ordered the public courtroom cleared before any hearing had begun, although many witnesses saw that officer McMullen never left the courtroom prior to attacking Mrs. Blakemore and McMullen stated in front of these witnesses that he was acting in his own authority. Mr. Karaman violated the Gastons right of due process by forcing Pamela Gaston from the hearing and preventing her from defending herself or assisting Mr. Gaston in his defense, even though named as a defendant on the case, Mr. Karaman stated on the record three times that Pamela Gaston was "not a party to the contempt, not a party to the restraining order" yet in the hearing acted out of his jurisdiction issuing a fraudulent order with Pamela Gastons name on it finding her in contempt without legal authority or probable cause or hearing. Mr. Karaman conspired with the other named individuals in this Complaint to deprive the Gastons of their right of due process by upholding contempt and issuing monetary judgement against the Gastons for writing a newspaper describing the abuse their family has suffered by the criminal acts of agents of the state. Mr. Karaman unlawfully used a newspaper as
contempt, without authority and with complete indifference to the facts of the case. With full knowledge of sexual abuse of Melissa Gaston, Mr. Karaman ignored these crimes and prejudicially acted in the states' interest to protect Hazel Spees, foster mother/pornographer and the states interests from liability and did not call for any investigation of the criminal acts of the agents of the state. Mr. Karaman allowed the attorneys for Spees to create fraudulent documents and upheld without facts restraining orders that were unlawfully originated and for which the Gastons were later exonerated. Mr. Karaman allowed a monetary judgment to go forth before the case ever went to trial. Mr. Karaman has violated the Gastons constitutional rights and civil rights and can sue and be sued in his official and individual capacity.
t.. LORAINE ANGLEMEIER is a referee judge in Marion County. Ms Anglemeier acted in conspiracy with other named defendants to deprive Mr. Gaston of his right of due process by refusing to answer his questions as to the nature and cause of his arrest in her court. Ms. Anglemeier stated on the record that she did not have to answer whether Mr. Gaston was in a Constitutional jurisdiction, threatened his mental competency to be appearing sui juris and re-arrested Mr. Gaston on an unlawful order with no incident or probable cause in an effort to render Mr. Gaston defenseless and prevent him from presaing in his case against the state of Oregon for the abuse his family has suffered at the hands of defendant SOSCF, agents of the state and the judiciary. Anglemeier upheld fraudulent orders with full knowledge of no crime having been committed and refused Mr. Gastons request for a hearing to establish Legislative intent as to how a stalking ordinance could be construed to apply to being editor of a newspaper, and for which he was later exonerated. Ms Anglemeier denied Mr. Gaston the right to defend himself or have his documents in the hearings in her court. Ms Anglemeier can sue and be sued in her official and individual capacity.
u. GREG WEST is a circuit court judge in Marion County, Mr. West has repeatedly violated the Gastons right of due process by conspiring with other named defendants in an effort to allow the state to conceal evidence of criminal acts by state agents and has illegally forced Melissa Gaston to remain with her abusers, with complete indifference to her well being. With full knowledge of her physical and emotional abuse in foster "care" Mr. West has deliberately ignored factual evidence that is public record of the criminal acts committed against Melissa. Mr. West has listened to sworn testimony in his court of black market baby buying and confessions of initiating false malicious reports, has listened to witnesses for the state perjure themselves and rather than investigate or prosecute these individuals chose to ignore this testimony of criminal acts. Mr. West has acted with extreme contempt for innocent citizens and upon hearing that the state's witness admitted she had lied about Mr. Gastons behavior with his daughter, Mr. West refused, even then to send Melissa home to her father. Instead, Mr. West, after dismissing the original petition based on these lies, allowed the attorneys and district attorney to confer in private and upheld a new petition that the state would keep Melissa due to her "emotional needs". Mr. West conducted back room, "star chamber" hearings excluding the Gastons, and on March 18,1997, when all agencies were to have released Melissa, Mr. West conducted another back room star chamber proceeding, calling this a "status conference", thus, violating the Gastons right to open court on the record and due process of Law. Mr. West ended all visitation and allowed defendant SOSCF more time to open a "new" malicious "investigation" in their attempts to incriminate Mr. Gaston any way possible. Mr. West acted outside of his jurisdiction by not Lawfully returning Melissa to her father. Mr. West had personally heard the witnesses recant on November 5,1996, one week after the pornographic video had been sealed and was in full knowledge that there was no petition even alleging inappropriate behavior by Mr. Gaston, and so conspired with the Defendant SOSCF and caseworkers, attorneys and district attorney to assist their efforts to manufacture "evidence" in order to prevail in state's behalf and above all else keep Melissa from coming home. At the November 5,1996 hearing when the original petition was dismissed,, rather than return Melissa to her father, Mr. West ordered Mr. Gaston to "get a mental health exam". Mr. West had no Lawful authority to do so. Mr. Gaston complied and Dr. Sweet, a state psychologist made a report that stated that Mr. Gaston was "justified in believing there is a conspiracy afoot to kidnap his daughter and sell her in the black market" and recommended that Defendant SOSCF reunite father and daughter. At the March 18, 1997 in chamber "status conference" Mr. West evidently (the Gastons were not allowed to be present and there is no record) ignored this report. Mr. West also ignored the Citizen's Review Board report that stated send Melissa home 3-1-97. Mr. West has directly violated the Gastons constitutional rights repeatedly and participated in the ongoing retaliation by the state against the Gaston family. Mr. West can sue and be sued in his official and individual capacity.
v. JOSEPH GUIMOND is a circuit court judge in Marion County. Mr. Guimond has unlawfully acted to violate the Gastons constitutional right to be "safe and secure in their person and in their dwelling" and has deprived the Gastons of their inviolate right to be free from unlawful intervention destructive to their family by Defendant SOSCF and state agents and agencies. On April 14, four days after the Gastons were found "not guilty" in the court of judge Duane Ertsgaard and by affirmative defense the jury found that JUDGES as well as other agencies and agents of the state of Oregon were racketeering and conspiring against the Gaston family, Mr. Guimond signed a fraudulent order acting outside of his jurisdiction based on no probable cause or credible evidence to allow defendant SOSCF and other police agencies to converge on the Gaston residence in an effort to arrest Pamela Gaston and remove her son Kevin John Meziere. Mr. Guimond conspired with Dep. District Attorney William Howell who was in the courthouse the day after the "not guilty" verdict working on their plan to retaliate against the Gastons. Howell that day created a fraudulent petition without cause or evidence and the next day the Gastons home in Mt. Angel was under siege by more than fifteen officers from various law enforcement agencies and the Defendant SOSCF. Mr. Guimond is participating in the ongoing retaliation by agents of the state and created this order stating that "all reasonable effort has been made to prevent removal of the child" when, in fact, there was no evidence at all and absolutely no effort was made. In the shelter hearing the next day, judge Duane Ertsgaard on the record reprimanded the SOSCF and the District Attorney stating "I don't1mow what kind of court you run but I run a court of evidence and I don't see any evidence" and did not allow the SOSCF to obtain wardship. Mrs. Gaston and her ex-husband agreed to temporary custody by ex-husband of her son. Judge Ertsgaard made an order that there was to have been an expedited hearing to dismiss or show cause on this petition. It has been more than 9 months now, and despite repeated motions to show cause and a Writ of Mandamus in this matter, the courts will not set a hearing in this matter and the Gastons family continues to be severed and deprived of their rights to be a family free from Government intrusion. Mr. Guimond, with full knowledge lied in manufacturing this order to uphold the schemes and retaliation by Defendant SOSCF to prevail in states interest and destroy the Gaston family. Kevin John Meziere has suffered permanent emotional damage from the extreme fear from the siege that Mr. Guimond allowed to take place at the Gaston residence, and since that date Kevin John Meziere has been living out of the home as it is not safe for him to be there with the escalating retaliation, ongoing, that the state is enacting upon the Gaston family. Mr. Guimond can sue and be sued in his official and individual capacity.
w. WILLIAM LEWIS is a circuit court judge from Polk County acting in Marion County. Mr. Lewis has violated the Gaston's Civil rights and deprived the Gastons of their constitutional rights by conducting sham proceedings with complete disregard for facts or due process of Law. Mr. Lewis held a hearing to address the Gastons Racketeering Complaint, originally filed on January 5,1998, at which time a MOTION FOR SUMMARY JUDGEMENT was filed. On May 22,1998, Mr. Lewis, acting out of his jurisdiction, allowed the state to dismiss the Complaint without hearing, and refusing to allow any evidence to be presented or any record to be made. Mr. Lewis denied the Gastons their right to make an offer of proof to state on the record the volumes of undisputed testimony of criminal acts by the herein named defendants, refused to allow the Gastons to bring in numerable previous court records of sworn testimony establishing the ongoing conspiracy being enacted on the Gaston family. When Pamela Gaston persisted in demanding her right to speak on the record, Mr. Lewis angrily removed a courtwatcher from the courtroom and noticeably shaken fled the bench into the judges chambers. When Pamela Gaston continued to try to make a record he returned, ordered her not to speak and stated on there record that "fact are not an issue". With prejudicial bias, Mr. Lewis allowed the state to prevail on a Rule 21 motion without any evidence presented to dispute any claims in the Complaint, in extreme violation of the Gastons right to fair hearing and constitutional right of due process of Law, and in violation of ORCP Rule 47, Summary Judgement. A letter was generated from this hearing dismissing the Gastons Complaint, and when the Gastons filed a motion objecting to the form of order, Mr. Lewis did not sign the order until forced to by a different judge in July, 1998. The Gastons were not notified that the order had been signed, and in fact when the Gastons inquired from the clerk to examine the case file, the clerk found no signed order there. In August, in another trial, yet another judge requested a signed order and finally there appeared two signed orders, the same document, one dated July 9 and one dated July 13. Mr. Lewis had intentionally prevented any knowledge of this order being signed until more than 30 days had passed to prevent the Gastons from appealing the order, and in fact, the Appeals Court dismissed this appeal as untimely. If the judge in the August trial had not demanded this signed order the Gastons would still not have knowledge that there even was an order signed in dismissing this case. Mr. Lewis blatantly has conspired and fraudulently and unlawfully acted as part of the ongoing efforts by the state to protect the state agencies and agents from liability from their criminal acts. On May 22, in the second part of the hearing presided over by Mr. Lewis, the Gastons were also told "facts are not an issue" as he decided in state's interest, without allowing any evidence to be presented or witnesses called for the defense and found the Gastons to be guilty of defamation for printing in their newspaper the confessions of the foster mother Hazel Spees describing the making of the pornographic video of Melissa Gaston at the request of the caseworker Larry Lawson. The attorneys for Spees perjured themselves in count on the record stating that the Gastons had not answered their motion for summary judgment, then acknowledged that they had the answer and counterclaim, filed in a timely manner, right in front of them. The state, and the attorneys for Spees have never offered one word of dispute, only denial of the Gastons claims, which in ORCP 47 is stated that "denial is not enough without substantiating evidence". Mr. Lewis upheld this fraud as part of the set-up which was created originally in the court of Pamela Abernethy on December 12, 1997 to deprive the Gastons of their constitutional right to a jury trial where all of the facts would come out and a fair trial would be decided on the evidence and the facts and the Law. By allowing the summary judgment against the Gastons, Mr. Lewis created a situation whereby the Gastons would not be able to defend themselves in the jury trial which was set for July 27,1998, and "allowed the jury trial to proceed on damages alone, with no evidence of the acts of Hazel Spees coming in. In this trial, the Gastons were forced to leave, and the jurs on complete misinformation and deception by this scheme, awarded Hazel Spees $500,000.00 against the Gastons. This situation is another part of the injunctory relief the Gastons are seeking from the abomination of justice that they have been forced into. The Gastons are trying to redress their grievances, as is their constitutional rights, and to protect themselves and their children from criminal acts and retaliation by herein named individuals, protection or intervention which still has not been found. Mr. Lewis can sue and be sued in his official and individual capacity.
x. CHARLES LUUKENIN is the presiding judge in Polk County acting in Marion County. Mr. Luukenin has deprived Pamela Gaston of her Constitutional rights of due process and with bias and prejudice upheld fraud and conspiracy by the herein named individuals in the ongoing campaign of retaliation being enacted to silence the Gastons and conceal public knowledge of state's crimes. Mr. Luukenin allowed a trial to go forth based on an unlawful memo generated by judge Paul Lipscomb in March, 1998 to ban Pamela Gaston from entering the Marion County Courthouse. This memo was generated in yet another part of the schemes of the herein named defendants to render the Gastons defenseless and to shut them up from describing the terror and abuse the state is enacting upon their family. In the jury trial in April, 1998, when the Gastons were found "not guilty" and by affirmative defense the trial established that the judges and agents and agencies are guilty of crimes named in this Complaint, an order was issued stating that "all warrants shall be vacated" and this included the fraudulent memo generated by Mr. Lipscomb. Four days later, after the Defendant SOSCF in collusion with the court and the district attorney tried to arrest Pamela Gaston and take her son Kevin Meziere, judge Ertsgaard told Pamela Gaston to come the next day and get his signed order to protect her and her son at their home in Mt. Angel from the SOSCF if they tried to return. When Pamela Gaston went into the courthouse on April 16, 1997, sheriff Dave McMullen attacked, maced and falsely arrested her without reading her rights to her and without any legal cause or Lawful authority. Mr. McMullen violated his oath to be a peace officer, and in fact, created repeated disturbances. Mr. McMullen testified in court that he is not a peace officer but an enforcement officer. Mr. McMullen admitted in Luukenin' court on the record that he had been following Pamela Gaston for months, repeatedly, in front of many witnesses threatening her with arrest for no reason as she tried to conduct business in different courthouses. Mr. Luukenin upheld this false arrest and imprisonment even though he listened to four days of testimony about the retaliation the Gastons have been enduring, the criminal acts of numerous agents of the state and the literal stalking of Pamela Gaston by officer McMullen for months previous to her being attacked and arrested. Mr. Luukenin violated Pamela Gastons rights of due process by preventing her to speak on the record of any Law pertaining to her defense, to inform the jury of their rights and obligations to "judge the facts and the Law", listened to officer McMullen perjure himself, stating first that there was no incident establishing probable cause for arrest (which is true) then later stating Pamela Gaston had created a disturbance (which is false swearing). Mr. Luukenin listened to testimony from presiding judge Paul Lipscomb how he had made a "singular decision" to permanently ban Pamela Gaston from entering the courthouse and that she is the only person he has ever done this to. There was no hearing to establish this banishment from a public building and that there would be no hearing to dismiss it, all without charges, lawful order, credible evidence or probable cause. After four days of testimony by many witnesses and courtwatchers who have for two years been observing the unbelievable retaliation the Gastons are being subjected to, Mr. Luukenin instructed the jury that even if there were no lawful order, and even if Pamela Gaston was falsely arrested, they would still have to find her guilty. Mr. Luukenin allowed the presiding juror to meet in chambers for more than an hour the morning of the verdict. Mr. Luukenin further violated Pamela Gastons rights of due process by refusing to allow her jury instruction that if they saw evidence of conspiracy, retaliation or false arrest, they could find her not guilty. Mr. Luukenin conducted a sham trial, allowing the district attorney to interrupt the witnesses for the defense continually, yet never did she question one time the truth of the statements being made. Mr. Luukenin allowed the district attorney also to continually interrupt the closing arguments as Pamela Gaston was trying to tell the truth to the jury about the nature and cause of the situation she finds herself in, an innocent person being maliciously attacked by an army of state agents and officers. Mr. Luukenin was rude and surly to the witnesses for the defense, not allowing them to finish their testimony and not once allowing them to 'tell the truth, the whole truth and nothing but the truth" and to the whole audience watching the trial stating during the sentencing that "I wish I could do to you what I really would like to do to you" to Pamela Gaston. Luukenin, after complimenting the jury for "making the system work" by finding Pamela Gaston guilty of trespass and resisting arrest, Luukenin told the audience of courtwatchers that they had a "skewed view" of the Constitution and that they thought they had special rights. He then seriously deprived Pamela Gaston of her most essential rights of due process and to be protected from agents of the state, especially judges. Mr. Luukenin, rather than protect Pamela Gaston from these criminal acts, defended the states actions and refused to uphold the civil and human rights of Pamela Gaston. Mr. Luukenin then dismissed the MOTION FOR MISTRIAL that Pamela Gaston served, and refused to sign an order on this dismissal. With no notification, in November, a dismissal order surfaced, signed by some unknown person, undated, unentered and unstamped and unsigned by Luukenin, dated October 2,1998. This was received by Pamela Gaston on October 26, after Pamela Gaston made it known to a probation officer Nancy Wilson, that there was no signed order. This was a blatant violation of timely notification, and no notification at all, and a forged judges order. Forged by officers of the court scheming, who were working to prevail at all costs to keep the Gastons from proceeding in their efforts to find justice. Mr. Luukenin can sue and be sued in his official and individual capacity.
y. TED CARP is a Circuit Court Judge from Lane County acting in Marion County. Defendant Mr. Carp violated Mr. Gastons Civil Liberties and with full knowledge of criminal acts by the defendant SOSCF, returned Melissa Gaston to her imprisonment in the foster care system and ended visitation between father and daughter based on hearsay recommendations with no credible evidence to support this decision. Defendant Mr. Carp conspired with the SOSCF to weaken the strong bond known and acknowledged to exist between Mr. Gaston and his daughter to further the state's scheme to terminate parental rights. Defendant Mr. Carp conducted a prejudiced and bias sham proceeding in his court, and listened to documented and undisputed accounts of sexual, physical and severe emotional abuse of Melissa Gaston by the defendant SOSCF caseworkers and foster parents. Defendant Mr. Carp refused to call for an investigation and with malicious intent toward the Gastons and no credible evidence to support the state's position, ruled in state's favor, further perpetuating lies and fraud. Defendant Mr. Carp violated Mr. Gaston's right to a fair, unbiased hearing with a neutral judge and violated Mr. Gastons Constitutionally protected Civil Liberties to raise his family without government interference and maintain a relationship with his daughter. Defendant Mr. Carp is actively involved with other defendants to insure the state will prevail no matter what undisputed facts or credible evidence are admitted. Defendant Mr. Carp can sue and be sued in his official and individual capacities.
z. ERIC LARSEN is a Circuit Court judge in Marion County. Judge Larsen is conducting sham court proceedings, refusing to answer questions of jurisdiction or authority. Judge Larsen upheld the unlawfull arrest and incarceration of Plaintiff Pamela Gaston, acting on unsigned and forged judicial orders. Judge Larsen refused to allow bail for Plaintiff, without evidence of any crime committed. Judge Larsen maliciously used his office to create unlawfull pains and penalties for profit to himself and to the state of Oregon criminal prison industry, courts and agents. Judge Larsen operates an unconstitutional court where the Rights of the People are non existent, will not allow fair hearing, and is upholding the malicious unconstitutional policies of the provisional outlaw Oregon courts. Judge Larsen strips the People who enter his courtroom of all Inherent Rights, perjuring his oath of office to protect and uphold said Rights. Judge Larsen is a butcher in a slaughterhouse, boning people and removing children without law, extortion for profit to the state of Oregon courts and agents. Mr. Larsen can sue and be sued in his personal capacity.
aa. JAMESE RHOADES is a circuit court judge acting in Marion County. Jamese Rhoades, having never presided over any hearing involving Melissa Gaston, was assigned the juvenile case No. 91JO740 in February, 1999. On March 31, 1999, Jamese Rhoades signed an order without probable cause, authority or jurisdiction, for Wilbur R. Gaston to be forced into an illegally compelled contract with the STATE OF OREGON to take a mental health exam with a state subcontracted counsellor of the state's choosing and arrangement and cost. The day after this order was signed - not signed, actually , but stamped by some unknown person, on April 1, 1999, Rhoades assigned the case over to judge Fred Avera. On April 31, 1999, Rhoades signed a second order to compell yet another illegally compelled contract with the STATE OF OREGON to be forced to surrender sovereign sui juris status and use a state appointed attorney (the case was then sent to Attorney Dora Lutz who immediately sent it back - refusing to become involved in the corrupt proceedings of the courts against the Gastons). Rhoades is acting in conspiracy with other named individuals in the Complaint to destroy the Gaston family, in particular with the "get a mental health exam/get an attorney" set up to create a vulnerabilty whereby the judge can declare Wilbur Gaston "unfit to proceed" and put him into jail or the mental hospital, and effectively render the Gastons unable to defend themselves or pursue the Lawfull return of Melissa Gaston to her family. Ms. Rhoades is actively participating in the retaliation and with complete indifference and malicious intent to deprive the Gastons of their Constitutional rights of due process and to conspire to obstruct justice to allow the State to prevail in court at all costs. Ms. Rhoades is accountable to the people and is violating the public trust by enacting constructive fraud (deceptive methods and operations that give the appearance of Law while violating confidence and deceiving the public) and is liable in her personal and official capacities.
bb. WILLIAM BARLOW a circuit court judge from Polk County acting in Marion County. Judge Barlow, along with the other named defendants, violated the due process of the Gastons in a hearing in March, 1999. Hearing testimony in his court of severe criminal abuse of Melisa Gaston, judge Barlow refused to act in any way to protect her; Barlow allowed Wilbur Gaston fifteen minutes to make a record about the horrendous abuse his daughter is suffering and Barlow after five minutes, made Gaston stop and told him "he wasn't going to listen to anymore of his rhetoric". Barlow also stated on the record that he "did not want to hear about your Constitutional rights, Mr. Gaston" as he conspired with other named individuals to prevent the release of Melissa Gaston to her family. Judge Barlow acted with bias and prejudice, conducted a sham proceeding like the others, and it was a foregone conclusion that he would give the state anything that was brought in. The hearing itself was called without timely notification, no discovery, and when this was brought out that the discovery had not been received, at first the caseworker Larry Perton said on the record that he did not know why the discovery was not sent to Mr. Gaston, then judge Barlow allowed the hearing to continue without making a copy for Mr. Gaston. The hearing was called by telephone notification the day before, was supposed to have been a Citizen's Review Board meeting. When the Gastons called Nancy Miller, also named in this Complaint, and demanded to bring investigators and tape record the meeting, a hurried hearing was set up instead. This is classic of the lack of due process that the Gastons have been subjected to for three years. Judge Barlow is accountable to the people whose trust he is violating, and is liable in his personal and official capacities.
cc. FRED AVERA is a circuit court judge from Polk County acting in Marion County. Judge Avera has been assigned the juvenile and the state racketeering cases currently. He has a conflict of interest in acting on both the juvenile and the civil cases, yet refused to recuse himself. Mr Avera would not provided a witness list, nor any discovery, nor answered any pretrial questions that are now before the court, and in fact refused to answer any questions. When Avera was asked if Gastons were in a Constitutional Court, he snarled on the record that "he was not there to be interrogated". Mr.Avera has not prevented Jamese Rhoades f rom signing illegal orders in the case to which he has been assigned, and signed the same illegally compelled contract to get a mental exam. Mr.Avera is violating Article VII of the Bill Of Rights states that "no fact tried by a jury can be reexamined in any court in the United States....". Both the mental health order and the racketeering verdict in April1998 tried these very facts and Avera is refusing to acknowledge these established facts.. Mr.Avera has refused to disclose information requested to make clear and certain the nature of the prceedings into which the Gastons have been forced to participate without due process, again - repeated unlawfull sham proceedings blatantly enacted in front of crowds of courtwatchers. Mr.Avera has made a choice not to uphold the Law and his oath of office to protect innocent citizens or conceal evidence and obstruct justice for the state.Mr. Avera granted dismissal of Summary Judgement against the STATE defendants, even with the jury finding and when each state attorney was asked to dispute one fact of the Complaint, no defense was presented, and Mr. Avera allowed the state to prevail anyway, writing his own rules from the bench even in violation of rule 47, Summary Judgement, which requires a dispute of the facts. Mr. Avera is now signing judgements to allow pornographers and black market child sellers to have monetary rewards against the Gaston family. Mr. Avera has made a choice to disregard the Law and the rights of the Gastons, in biased and prejudiced proceedings and refuses to RIGHTFULLY return Melissa Gaston to her family; KNOWINGLY COMMITTING MELISSA TO ABUSE AND DESTRUCTION AND FAILING TO PROTECT HER - THE COURT IS LONG AGO IN VIOIATION OF PROTECTING THIS CHILD, AND, WITH COMPLETE INDIFFERENCE AND MALICIOUS INTENT OF THE AGENTS OF THE STATE TO PROTECT THEMSELVES, THE BEST INTERESTS OF THE CHILD HAVE NOT BEEN ENFORCED. UNIAWFULL VIOLATIONS OF THE COURTS AND SOSCF OWN LAWS. Mr. Avera is protecting criminals by refusing to follow the law and allow a trial by jury on all matters in the racketeering, and failing to release Melissa Gaston IMMEDIATELY !!! Mr. Avera was arrested by the Citizens in Marion County on September 30, 1999, for Tresspass of Treason to the Constitution and Misprison of Pelony, and shall be prosecuted for his crimes. He is comitting felonies for which he will be held accountable to the public whose trust he is violating in an unlawfull deprivation of the Gastons Constitutional rights in his court. Mr.Avera is liable in his personal and individual capacities.
dd. PIERRE VANRYSSELBERGHE is a retired Circuit Court judge from Lane County acting in Marion County. Judge VanRysselberghe is acting in collusion with other named defendants to uphold Racketeering and Deprivation of Rights, refusing to enforce equal prosecution in his court, and refusing to uphold his oath to prosecute all crime. VanRysselberghe is protecting criminal agents of the state, in particular District Attorney Dale Penn. In May, 2000, VanRysselberghe heard and received in to record volumes of undisputed court records that establish the crimes of DA Penn and other herein named defendants. VanRysselberghe intentionally ignored a whole body of credible evidence that convicts DA Penn, even with the Attorney General office present, who did not dispute stated facts. VanRysselberghe, like other named judges and officials, is intentionally turning a blind eye, criminally violating his oath of office and the Rights of Plaintiffs, conducting a biased and sham proceeding. VanRysselberghe is committing Misprison of Felony, refusing to protect Plaintiffs or Plaintiffs child, after knowing of evidence of criminal acts against them, or to call for investigation. VanRysselberghe has no immunity to commit criminal acts abusing his position of authority, and as all herein named defendants, is completely accountable for what he has done to Plaintiffs. VanRysselberghe is especially violating the Public Trust by protecting a corrupt District Attorney to operate in Marin County, who, along with fellow bar member judges and attorneys, are committing the same crimes against countless individuals in the exact same manner and process as outlined in the evidence in Plaintiffs cases. VanRysselberghe can sue and be sued in his personal and official capacities.
ee. DENNIS GRAVES is Circuit Court judge in Marion County. Judge Graves is refusing to protect Plaintiffs constitutional rights in the instant case in this Amended Complaint. Judge Graves has committed treason to the Oregon and US Constitutions, when on the Record Graves transversed Plaintiffs jurisdiction, first stating that Plaintiffs were in a court of Constitutional Judicial Due Process, then stating that Plaintiffs were in a statutory jurisdiction under Amended VH. Judge Graves acted out of his lawfull authority to make decisions of constitutional nature, without a jury, when the only authority in such decisions on the facts and the laws is the People, in the form of the jury. Judge Graves refused to find the City of Mt. Angel in default, although black and white, the City of Mt. Angel did not lawfully respond or answer in 30 days after Complaints against the City of Mt. Angel were filed. Judge Graves allowed corrupt city attorney Paul Elsner to remove from Plaintiffs Complaint all relevant facts and all constitutional caselaw, obstruction of justice in extreme violation of Plaintiffs Right of fair hearing. Judge Graves allowed attorney Elsner to literally run from the court and fail to appear, without sanctions and without default, which the City of Mt.Angel already is in default. Judge Graves is refusing to uphold equal process against Agents of the state and courts, creating bills of attainder wherein the same rules that apply to prosecution of Citizens are not being enforced against public servants and elected officials. Judge Graves, in collusion with other herein named defendants, is shamelessly protecting the crimes of the state and the City of Mt Angel defendants, and his fellow bar member judges and attorneys. Judge Graves, as are the other named defendants, is activelly protecting the system that he and his fellow conspirators have in place, and from which they all profit personally and officially from their criminal violations of the Rights of the People. Judge Graves refused to allow Plaintiffs to make oral record,blocked courtwatchers from hearing Plaintiffs evidence in open court, and refused Plaintiffs right to make an Offer of Proof for their appeal of his biased decisions. Judge Graves can sue and be sued in his personal and official capacities.
ff. MICHAEL REYNOLDS is the acting Solicitor General for the State of Oregon. Michael Reynolds was assigned the Case No. 91JO740 in the fall of1998 and has refused to prosecute criminals with overwhelming evidence and confessions of criminal acts. Mr. Reynolds has maliciously conspired with other employees in the Justice Dept and. has refused to respond to injunctory requests; has with complete indifference upheld the FRAUD that is being enacted upont the Gaston family . Mr Reynolds, along with Hardy Myers and Dina Vitolins and Cynthia Grazely in the attorney general office, specifically, have brought particularly vile and illegal, maliciously constructed fraudulent motions, which corrupt judges then sign, all a perpetuating of a fabricated LIE. Mr. Reynolds has failed to protect a child from known ongoing abuse and has been told months ago that he is responsible personally for her well being, which he has utterly failed to do. Rather, in complete view of criminal acts by the agents of the state and officials, Mr. Reynolds has acted to further render the Gastons to prevent them from revailling against the named individuals in this Complaint. Mr Reynolds is accountable to the public to which he is violating his oath of office, and liable in his individual and official capacities.
gg. GIN DENNISON is the acting Ombudsman for the Department of Human Resources in Salem, Oregon. Ms. Dennison is the governor appointed overseer to handle complaints and enforce compliance of the State Department of Services to Children and Families and is the go between the people with a problem and the governor. Ms. Dennison was the first person Wilbur Gaston went to for help in March, 1996, after his child had been kidnapped by black market child sellers in Silverton, Oregon. Ms. Dennison refused to act in Wilbur Gastons behalf, and had consistently refused to act or to investigate. Ms. Dennison stated in a Senate hearing in the summer of1998 that she "could go to the Governor with w complaint, but have never needed to". And in fact, has never in any way attempted to intervene or bring investigation into this case, as is her oath and obligation. Ms Dennison aest on behalf of the SOSCF, not in the interest of the public, more of the governors constructive FRAUD that gives the appearance of Law or effectiveness, all the while, the onbudsman in the human resources works for the human resources with extreme conflict of interest. Kitzhaber recently rejected the legislation of Representative Jacki Winters to have an unbiased ombudsman office for citizen complaints. Kitzhaber stated he wanted the governor to handle the complaints of citizens with the agencies. This case is prima facie evidence that there is absolutely no accountability from the governor on down. Dennison recently stated that the problems are "with the court" or "another departrment", and that is "limited" in what she can do to help. Ms. Dennison stated that she had read the case file along time ago and decided that the SOSCF had reason to be holding Melissa - Ms. Dennison stated she had read the court file when actually what she had read were the discredit reports that were dismissed in November 1996 completely as lies. Ms Dennison, not being in the court ever, and not even aware of the real court record being something else entirely. A lot of testimony not even in the record as it has never been transcribed, so Ms. Dennison not even realize that the records she is seeing is what she is being shown, nothing more, omitting the whole defense against SOSCF and on this, Ms. Dennison forms a completely biased and prejudiced opinion against the family, believeing the lie in the fabricated reports, never even inquiring as to the "rest" of the court record or transcripts. Ms. Dennison is violating the public trust in a huge way, obstructing justice and completely inaccountable to the people who are paying her large salary to do absolutely nothing to help innocent Oregonians being destroyed by the criminal policies and customs of the SOSCF. Ms. Dennison is accountable and liable in her individual and ofñcial capacity.
hh. DINA VITOLINS is an assistant attorney general in Marion County in the office of Hardy Myers. Ms. Vitolins was brought in by attorney General Hardy Myers to terminate parental rights on Melissa Gaston.
ii.. DAVID SWEET is a counsellor in Salem, Oregon, who works as a subcontracted psychiatrist for the State Office For Service to Children and Families. David Sweet, with malicious intent, is assisting SOSCF to terminate parental rights of Wilbur Gaston. David Sweet is violating the rights of Melissa Gaston, never telling her that the things she said could and would be used in court against her, or to take her permanently and adopt her out. Nor did David Sweet tell Melissa she had a choice not to talk or be interviewed, and David Sweet wrote a report based on the letters and reports given to him by Larry Perton, caseworker. David Sweet wrote a prejudiced and biased report with little or no actual knowledge of the child, except as told to him by the slanderous lies of the caseworkers, as has gone on
for three years.
jj. JERRY FROST is a State Court Administrator for the County of Marion.
kk. DALE PENN is the acting District Attorney for Marion County. Defendant Mr. Penn has been fully knowing of the criminal abuse of the Gaston family ongoing since March, 1996, and has refused prosecution of any named defendants for their crimes. Defendant Mr. Penn has participated in concealing evidence of child pornography and brought malicious prosecutions against Mr. and Mrs. Gaston involving stalking protective orders to stop publication of a newspaper with confessions of a state employees' crimes. Defendant Mr. Penn's office issued repeated unwarranted, unfounded petitions upon which both Mr. Gaston and Mrs. Gaston were arrested and falsely imprisoned. Defendant Mr. Penn never brought any charges before a grand jury before issuing arrest warrants. Defendant Mr. Penn has been administratively overseeing Defendant dep. DA William Howell, Defendant Dep. DA Sarah Snyder and special prosecutor Atcheson as these individuals have repeatedly violated the Gastons rights of due process, blocking evidence and testimony, obstructing justice and concealing exculpatory evidence in a vindictive effort with extreme indifference to the Gastons weR being to allow the state to prevail against them. Defendant Mr. Penn testified that his only boss is the voting booth, that he helped seal the pornographic videotape made of Melissa Gaston , that he did not watch it, that he does not know where this tape is now, and that he is not going to prosecute Defendant Hazel Spees, the foster mother who made the film, or Defendant Larry Lawson, the caseworker who told the foster mother to film it. Defendant Mr. Penn is further violating the Civil Liberties of the Gaston Family by allowing these petitions to be enforced as lawful. Defendant Mr. Penn states that there is an open stalking restraining order against the Gastons even though the Gastons were tried and found not guilty in April, 1998 of breaking these fraudulent orders and all warrants were ordered to be revoked. Mr. Penn stated under oath that being found "not guilty" does not end a court case against a person. Defendant Mr. Penn is actively participating in the ongoing retaliation and conspiring with other named defendants to allow the state to defeat the Gastons in their determined efforts to bring justice to this situation. Defendant Mr. Penn can sue and be sued in his official and individual capacity.
11. WILLIAM HOWELL is an acting deputy District Attorney in Marion County and head of Family Law Courts in Marion County. Defendant Mr. Howell has been involved with Melissa Gaston and her half- siblings since 1991 when six children were removed from their mother Connie Maxwell for abuse and neglect. Defendant Mr. Howell has been actively participating in the horrendous abuse that Melissa Gaston and her siblings have suffered. Defendant Mr. Howell has for years concealed evidence of criminal behavior, brought false and manufactured reports, malicious prosecutions, slanderous and vindictive petitions, duplicated and unfounded petitions, encouraged child sexual abuse and exploitation of children for coerced statements, obstructed justice, violated the Civil Liberties of the Gaston's to be a family, repeatedly blocked discovery and has relentlessly exploited Melissa and her siblings in an effort to build a case to justify having illegally kidnapped Melissa or to have held her for almost three years without credible evidence. Mr. Howell wrote a fraudulent, malicious petition in retaliation for the Gastons being found not guilty and an affirmative defense of Racketeering upheld by the jury in April, 1998. This petition was brought to arrest Pamela Gaston and remove her son Kevin Meziere. Mr. Howell and Defendant SOSCF were fully knowing that the Gastons were living as a family for more than a year and a half, and that Melissa was to have been returned a year before. Defendant Mr. Howell has been repeatedly told to recuse himself, having an extreme conflict of interest being named in January 1998 in a state Racketeering Complaint for his crimes against Melissa Gaston, her half siblings and the Gaston family. Defendant Mr. Howell can sue and be sued in his official and individual capacity.
mm. SARA SNYDER is a Deputy District Attorney in Marion County. Dep DA Snyder has conducted numerous malicious prosecutions against Plaintiffs, and activelly conspired and criminall attacked Plaintiff Pamela Gaston. In furtherance of the crimes of the state of Oregon actors, Snyder has forged judicial orders, perjured herself under oath in sworn testimony, violated the Public Trust in conducting malicious prosecutions without evidence of crime, has ordered false arrests and imprisonment in retaliation and to protect fellow named state defendants. Ms. Snyder was cross examined on April ll, 2000, by Plaintiff Pamela Gaston, who was falsely incarcerated and brought before Senior Judge Thomas Moultrie on Snyders forged judicial orders. In that hearing, Plaintiff Pamela Gaston completely discredited Snyder, and on the record caught Snyder lying, making false statements of material fact, peijuring herself against previous testimony and court proceedings, and exposed the fraudulent and malicious prosecution techniques being enforced by District Attorneys in the Oregon courts, routinely. Judge Moultrie forced Dep DA Dingle to appear and defend Snyder as she testified, and DA Dingle had no dispute and no rebuttal after Plaintiff Pamela Gaston destroyed Snyders credibility and the credibility of the system that is being enforced in Oregon courts that supports corrupt District Attorneys, their lies, and theivery and criminal enterprise, stripping all Citizens of their Constitutionally protected Right to courts of constitutional Judicial Due Process of Law. Ms Snyder can sue and be sued in her personal capacity and official capacity. As with all herein named defendants, Ms Snyder is completely accountable for her criminal acts, acting outside of the scope of her official capacity, not authorized to commit criminal acts and deprivations of Rights abusing her office and oath in so doing.
nn. RAUL RAMIREZ is the elected Sheriff of Marion County. Ramirez absolutely fails to protect innocent Citizens, upon full knowledge of horrific abuse by public servants. Ramirez refuses to uphold the Citizens Right of Citizens arrest, refusing to prosecute pornographer Hazel Spees and corrupt black market child selling Silverton Police Officer Gary Robertson, when both of those individuals were Citizens arrested in the courtroom of Donald Kalberer in 1998. Ramirez refuses to prosecute the Citizens Arrest of Judge Fred Avera on Sept. 30, 1999, in Marion County. Ramirez refuses to act on Writs of Habeas Corpus, in violation of the Public Trust and in perjury to his oath to uphold the original Oregon constitution and the US Constitution wherein the Writ of Habeas Corpus is a constitutionally protected Inherent Right of the Citizens, as is Citizens arrest. Ramirez is acting in collusion with other herein named agents of the state, conducting one sided prosecutions only against natural persons, and refusing to uphold the Law to prosecute fellow agents of the state. Ramirez is committing Misprison of Felony, knowing of the admitted and confessed criminal acts against Plaintiffs family, and intentionally conducting retaliation against Plaintiffs. Ramirez is violating the constitutional Rights of Plaintiffs by refusing to protect Citizens from CORRUPT JUDGES - which is his specific constitutional obligation. Ramirex is not a peace officer, and his deputy Dave McMullen testifed under oath that he, as a sheriff, is NOT a peace officer, but a law enforcer. Ramirez is acting on KNOWINGLY fraudulent and malicious judicial orders, in particular of corrupt presiding judge Paul Lipscomb in Marion County. Ramirex and his deputies are acting maliciously and fraudulently executing unlawfull warrants with no probable cause documentation, arresting people often with no warrant at all. Commonly, sheriffs will write a probable cause statement after the fact, and this corruption is the routine for this corrupt Sheriff Ramirez and his minions. Ramirez is engaging in secret, slanderous campaigns against innocent citizens who dare to confront state abusers. Ramirez is putting innocent peoples pictures in state buildings, keeping lists of people who are being surveillanced in public buildings and his agents call and report any time anyone on the list is observed. Ramirez and his deputies are working in collusion with the agents who work at the front entrances to public buildings, and in collusion with the building managers to strip the right to travel freely in public buildings by the Public. Ramirex is using personnell that do not work for the state of Oregon, nor for the courts, but are employed from out of state, and privatized, and accountable to no one, deceiving the Public Trust that only court members and Oregon state employees would be working in Oregon Public Buildings and courthouses. Ramirez is engaging in unlawfull Bill of Attainders with said Building Managers, wherein some courthouses enforce restrictive policies against the Public, and others do not. Ramirez is deceiving the Public Trust that these agents are in the entrances to block weapons, when there has been no established Public Crises to warrant such policies. Ramirez is deceiving the Public as to the nature of these policies, as they are designed to keep out TAPE RECORDERS AND CAMERAS AND RECORDING DEVICES to keep the People from making their own record of the corrupt court proceedings. The People being surveillanced have committed no crime, nor been accused of any crime, nor have the people had any hearing or knowledge that their pictures, names, personal information are being exploited by corrupt public officials on smear campaigns of retaliation against "percieved enemies" of their unconstitutional, treasonous system. Ramirez can sue and be sued in his personal and official capacities.
oo. KAY TORAN is the former administrator of State Offices for Services to Children and Families. Defendant Kay Toran and her officers have been fully knowing since March, 1996 and have refused to investigate or act to protect Melissa Gaston as she has been moved to more than seventeen foster homes, sexually abused in three (that we know of), burned in one, pornography made in one and only concealment of evidence and absolute silence on the part of Defendant Ms. Toran. Defendant Ms. Toran has twice ignored writs of Habeus Corpus issued for Melissa, and has brought malicious persecution with extreme indifference to Melissa Gaston and the Gaston family's welfare. Defendant Ms. Toran continues to violate the rights of the Gaston family, refusing to intervene, bring any investigation or reprimand or prosecution of the state employees who have admitted committing criminal acts against Melissa. Defendant Ms Toran continues to conspire and allow her staff to conspire in an intensifying retaliation to keep Melissa Gaston from ever returning home and exposing fully all those involved in her abuse. Defendant Ms. Toran is acting with self interest to prevail in terminating parental rights based on a preponderance finding using completely discredited testimony and no credible evidence to support this finding, termination that would eventually be decided without a jury decision. Even though clear and certain is the standard of proof minimal for termination of parental rights, the SOSCF has severed her relationship with her family and is holding Melissa by a preponderance standard. Defendant Ms. Toran continues to desperately manipulate her agency and the courts to allow the state to escape liability for their crimes against the Gaston family, and retaliation for the Gastons speaking out about the corruption being exposed of criminal behavior by agents of the state against children and families. Defendant Ms Toran can sue and be sued in her official and individual capacity,
pp. RAMONA FOLEY is acting administrator for the STATE OFFICES FOR SERVICES TO CHILDREN AND FAMILIES.
qq. SUSAN SRNEC is acting supervisor of the Marion County office of the State Offices for Services to Children and Families. Defendant Ms Syrnek participated in concealing knowledge of the pornographic video that was made of Melissa Gaston by Defendant foster mother Hazel Spees. Defendant Ms Syrnek did not remove Melissa from this woman's home even after criminal acts were known. Instead, in fact, she reacted by telling the foster mother that she would not be held accountable for her actions and would be protected by the state. She removed caseworker Defendant Larry Lawson from the case and assigned Defendant Diane Rainey to take over and keep evidence of these crimes from becoming public knowledge and especially to keep knowledge of these crimes from Mr. Gaston. Defendant Ms Syrnek has participated in concealment of evidence, falsifying documents, conspiring with other named defendants to insure that the state workers are not held accountable for their criminal actions, including her own. Defendant Ms. Syrnek actively conspired with other SOSCF supervisors to conceal knowledge of still ongoing criminal activity in the home of another foster home and day care center, the home of Shanna and Ionis Aldis. Melissa was burned and sexually abused in this home also, with SOSCF fully knowing and no report, investigation or prosecution of any foster parents or caseworkers. Defendant Ms. Srnec has been fully knowing that Senator Marylin Shannon for a year requested information on this case with no responsive answers and there has been no effort in three years to bring any accountability to the abuse that the Gaston family is suffering. Defendant Ms Syrnek in her supervisory capacity has been allowing slanderous and prejudiced hearsay reports created by caseworkers Defendant Larry Lawson, Defendant Diane Rainey, Defendant Larry Perton, counselors Defendant Shirley Hardwick and Defendant Nancy Link to be produced in an effort to terminate parental rights and forever conceal knowledge of named defendant's crimes. Defendant Ms. Syrnek can sue and be sued in her official and individual capacities.
rr. TONI PETERSON is the acting assistant administrator of the Service to Children and families, interim replacement for Kay Toran, between June I, 1999 and the hiring of Ramona Foley as Director.
ss. LARRY LAWSON is a caseworker for the Marion County State Offices for Services to Children and Families. Defendant Larry Lawson conspired with Defendant Shirley Baez, Defendant officer Gary Robertson and other named defendants to kidnap Melissa without a warrant or lawful order, based on manufactured reports and coerced allegations, all since discredited in many hearings. Report after report states there are no disclosures from Melissa, yet Defendant Mr. Lawson reports unfounded slanderous statements to prejudice the court that have no basis in fact, with no credible evidence or crime charged. Mr. Lawson wrote hearsay reports to create the illusion of probable cause after the fact when Melissa was taken. Defendant Mr. Lawson was in continual contact with Defendant Shirley Baez, who was arrested buying babies in black market adoption in Mexico. Defendant Mr. Lawson prevented Mr. Gaston from having any visitation with Melissa for the first year she was being abused in foster care in order to break the bond between father and daughter. He planned for SOSCF to prevail against Mr. Gaston, and then Melissa would disappear from the records. In Fact, there is in the discovery, a recommendation by caseworker Diane Rainey to "get a new birth certificate" for Melissa. Four months after Melissa was kidnapped, the SOSCF still was unable to obtain coerced false disclosures from Melissa, so she was put in the home of Defendant Hazel Spees who encouraged child sexual abuse with repeated discussions of a sexual nature, sexually and emotionally exploited Melissa with sexualized behaviors and punished her until she would say her father had "touched her privates". Defendant Mr. Lawson encouraged child sexual abuse by telling Defendant foster mother Hazel Spees to produce pornography for him of Melissa, to "get everything she could and find out everything she knows about sexual behavior" before a hearing to take her from her father. Defendant Spees made the pornographic video and gave it to him. Spees "told" on him after he refused to give her a letter to cover her liability, and Defendant Lawson told Defendant Spees that "this was what he wanted". When his supervisor, Defendant Susan Syrnek, learned of this videotape in a confession by Defendant Spees, she moved him off of the case, with no investigation or prosecution for his felonious acts. Defendant Mr. Lawson has conspired with other state workers to prevail at all costs against the Gastons, without regard for Melissa's well being with intent only to protect himself and state interests. Defendant Mr. Lawson can sue and be sued in his individual capacity.
tt. OSCAR HERRERA is acting supervisor of the Woodburn branch of State Offices for Services to Children and Families. Defendant Mr. Herrera has conspired along with herein named defendants to conceal evidence of criminal activities of his own and of other state workers. Defendant Mr. Herrera has falsified police reports, knowingly taking Melissa from her home without evidence and attempting to remove Pamela Gaston's son from their home without probable cause after the Gaston's had lived together for a year and a half, and after Melissa was to have come home. Defendant Mr. Herrera also conspired with named defendants to conceal evidence of child pornography and acted with prejudice and malice against the Gaston family to prevent personal and state liability. Defendant Mr. Herrera has maliciously participated in ongoing retaliation against the Gastons, and actively obstructed justice with other caseworkers and supervisors altering records to remove exculpatory material against agents of the state and evidence of criminal acts against children . Defendant Mr. Herrera can sue and be sued in his otlicial and individual capacity.
uu. DIANE RAINEY is a caseworker for the Marion County office of State Offices for Services to Children and Families. Defendant Ms. Rainey has conspired with utter disregard for Melissa's welfare and has acted to protect those who have criminally abused her. Defendant Ms Rainey stated in sworn testimony that there was never any credible evidence to have taken Melissa from her father or to have kept her in foster care. Defendant Ms. Rainey manufactured slanderous documents with malicious intent to deprive Mr. Gaston of his daughter and to conceal evidence of state abuse. Defendant Ms Rainey participated in closed, "star chamber" proceedings without Mr. Gastons presence to insure that the state's interests would prevail and Melissa would not be returned to her father. Defendant Ms. Rainey is fully knowing of the pornography made by Defendant foster mother Hazel Spees and helped to conceal knowledge of this abuse. Defendant Ms Rainey was told by Melissa that Defendant Spees was forcing her to make statements to be used against her father, that these were lies, and Defendant Rainey continued to allow this sexual exploitation to continue even after the pornography was made because Defendant Spees was creating "disclosures" which was Defendant Ms Rainey's goal. Defendant Ms Rainey participated along with police officers in sexually exploitive, leading conversations with Melissa to create "memories" of abuse, physically transporting Melissa to places to try to substantiate these instilled stories to be used as "disclosures" against Mr. Gaston. Defendant Ms Rainey broke the SOSCF service contract when Melissa was due to have come home March, 1997, after Mr. Gaston was in full compliance. Defendant Ms. Rainey wrote differing reports, privately making unfounded allegations against Mr. Gaston to the judge, and official reports at the same time stating goal is to return daughter to father, and in the judge Wests chambers, off record, prevailed and without probable cause ended visitations with father. Defendant Ms Rainey has conspired, acted with criminal negligence to allow the continued abuse of Melissa with her only concern being self interest and avoiding liability for herself and her co- conspirators. Defendant Ms Rainey can be sued in her individual capacity.
vv. LARRY PERTON is a caseworker at the Marion County State Offices for Services to Children and Families. Defendant Larry Perton has acted to protect state interests with full knowledge of criminal abuse of Melissa Gaston in foster care. Defendant Mr. Perton has conspired along with other named defendants to sexually exploit Melissa Gaston, forcing her to participate in invasive sexual examinations (for the third time and now, after being in foster care, this report was "inconclusive" showing evidence of sexual abuse in foster care) and sexually explicit conversations in efforts to take parental rights from Mr. Gaston. Defendant Mr. Perton has slandered Mr. Gaston with coerced recommended reports with no basis in fact, designed only to allow the state to prevail and permanently sever Mr. Gastons relationship with his daughter. Defendant Mr. Perton was assigned to this case after the pornographic video became public knowledge and Defendant caseworker Diane Rainey's involvement in covering it up became known. Defendant Mr. Perton is acting in self interest, aiding and abetting the herein named defendants in their schemes to terminate parental rights any way possible, with complete disregard for Melissa's well being now having been in more than seventeen foster homes and now causing all visitations to be ended. Defendant Mr. Perton is violating the rights of the Gaston family attempting to force illegally compelled contracts on Mr. Gaston, who has never been charged with a crime, as ransom for holding his daughter hostage with no credible evidence in furtherance of the ongoing conspiracy by named defendants to prevail in court against the Gastons. Defendant Mr. Perton can sue and be sued in his individual capacity.
ww. TED MEECE is an assistant Attorney General under Atforney General Hardy Myers. In September 1999, The day before judge Fred Avera maliciously terminated Parental Rights of Plaintiff Wilbur Gastonl, Solicitor General assistant Ted Meece mailed an amended petition that was to be used in the hearing. Mr. Meece intentionally waited until the day before the hearing knowing that Wilbur Gaston would not have received it until after the hearing had started. This petition, which was allowed by Avera and signed by judge Jamese Rhoades, was a HENIOUS SLANDEROUS MALICIOUS petition that added "rape and sodomy" to the unfounded accusations of the STATE employees. Meece KNOWS that the evidence in the Records shows caseworker Larry Perton and Dep DA William Howell covering up evidence of rape of Melissa two years after she was removed from her fathers protection. Meece KNOWS that Perton and Howell, with perverrt caseworker Guy Edmonds "cooking the books" to cover up abuse, took Melissa to a sex abuse session at CARES NW where Melissa was sexually invaded for the fourth time, and two years after being removed from her father there was evidence that these men have involved themselves in the rape of the child. Meece KNOWS that when Melissa was removed from her father, they did another sexually invasive "treatment" and found NO EVIDENCE OF ABUSE, yet two years later Melissa has been raped in the hands of Perton and Howell. Discovery shows that Melissa is often alone with Perton and Howell, as well as officers Gary Robertson and Kenneth Pecyna, with no videotaped record, and these men engaging Melissa in pornography ' Daddy, sex and vaginas", drawing white beards on a picture of a naked man with a large penis to make Melissa think of her father, and countless more criminal pedophile orgies with these men and this little girl. AG Meece is activelly committing malicious prosecutions and withholding evidence, in collusion with other herein named defendants, refusing to uphold the law and "prosecute all crime", in fortherance of their criminal enterprise and criminal violations of his oath. At the last minute, With NO EVIDENCE against Plaintiff Wilbur Gaston in a case three years old, the STATE added the words to the previous petitions to use "extreme" in their efforts to terminate parental rights, and to strengthen the facade of credibility being used in a completely manufactured "case". One particular point is that these are methods and operations for the courts and the SOSCF, and usually these slanderous allegations are carried through and men(usually) go to jail who have never committed any crime but have become the victim of malicious biased caseworkers and overzealous prosecutors who are rewarded for "successfully completed" cases. The amended petition Mr. Meece created for the trial prominently placed these words "rape and sodomy" in the beginning, the first thing noticed by anyone looking at the petition. This was not even the language that whore judge Avera had allowed, which had been "including rape, sodomy or other extreme behavior".....these henious accusations, added on the whims of Ted Meece and Dina Vitolins in their malicious campaign to terminate parental rights. As Mr. Meece so clearly pointed out during the trial, Mr. Gaston has NEVER BEEN CHARGED WITH A CRIME OR CONVICTED OF A CRIME against his daughter, yet this petition was allowed in a previous hearing without evidence. The SOSCF has a "recipe book" that they use against the parents, and every paragraph of this malicious petition and now "findings" of judge Avera, have been discredited in previous hearings on court record, Avera pretending not to know the facts of this case. Near the end of the trial, Mr. Meece, on the record, got scared about all of the clearly unfounded "allegations" in this blatantly manufactured case, and removed the rape and sodomy amendment, as well as other parts filled with allegations for which Wilbur Gaston has never been charged with a crime. Removing this amendment is an OBVIOUS attempt to keep the Appeals courts from seeing that they tried to do this to Wilbur Gaston, exposing how they pull this on any man in their attempts to prevail in court regardless of lack of evidence to suppport the STATEE petitions. This is a malicious method of prosecutors, and often causes innocent people to plea bargain guilty for HENIOUS things they never did, when faced with an overwhelming STATE attack and they are being told thisis the only way they will ever see their children again. As will be further discussed, in these kangaroo courts a person is guilty until and maybe if you can prove yourself innocent, and the STATE is NEVER forced to bear theTRUE burden of proof. If the person refuses to "ADMIT" guilt and take "services" then that person is said to be IN DENIAL and for that reason loses their children. Avera, as other judges have, with snake eyes failed to prosecute REAL crimes by STATE employees, and committed MISPRISON OF FELONY for failing to "prosecute all crimes" as federal law requires of prosecutors and judiciary. The only reason the STATE pulled out their malicious petitions was because they are scared that now the higher courts are going to see how they are putting all these inneent people in jail, and taking more children every day and profiting from this, never charging anyone with a crime yet prosecuting them anyway and taking their children. This particular method and custom of the courts and the SOSCF is extremely significant that right now 8,500 people are on a list that the STATE wants to publish on the internet. Thousands of the names on this list - PERMANENTLY - on this list are there from malicious prosecutions EXACTLY - cookie cutter exact - like what the Gastons have exposed in this case. Judge Joseph Ochoa at this moment has the case in his court to decide to allow this permanent destruction of often innocent people in the STATE efforts to "get the bad guys", making no distinction between admitted child deviants and innocent parents falsely villified in the STATE efforts to take their children, and cover STATE crimes. Judge Joseph Ochoa is the judge who SEALLED THE CHILD PORNOGRAPHY OF FOSTER MOTHER HAZEL SPEES, as this judge makes a decision affecting men imprisoned for POSSESSION OP CHILD PORNOGRAPHY, and Ochoa is protecting the PORNOGRAPHERS !!!! The citizens have no way to fight this, as this case also is primae facie evidence of all of this. Mr. Meece will not conceal his slanderous attempts to unlawfully and fraudently WIN and with complete indifference to the Gastons constitutional rights to be free from malicious prosecution.
Right after the arrest of judge Avera, and the Gastons and courtwatchers left the courtroom, stating they were not going to participate in any more sham proceedings and that whatever Avera did beyond that point was VOID anyway, and that what Avera was doing was not a court of Law, Mr. Meece adamantly attempted to get judge Avera to force a state appointed attorney on Mr.Gaston. Judge Avera told Meece that this had come up many times before and he was confident that "Mr. Gaston would not cooperate with an attorney" and denied Meeces motion. The STATE attempts in every hearing to force the Gastons to use STATE appointed atttorneys, another HUGE part of the DECEPTION of the higher courts.....Attorneys are compromised being licensed by the STATE not to be confrontational with judges, who are fellow bar members. When attorneys and judges play their "render and destroy" game all relevant information is omittedfrom the record, the defendants rarely even speak, the cross examinatins that would reveal the discreditng facts and corruption of STATE employees is NEVER PUT IN THE RECORD......COMLETE OMISSIONS....then -if the person can even get an attorney to appeal, when the "record" goes up to the Appeals court, they "affirm without opinion" because to look at the "record" that is given to them of a case they do not see any improprieties .......Meece is terrified that the Gastons are confronting the corrupted system ON THE RECORD and that these records are going up to the higher courts. Mr. Meece told judge Avera that "there is a new kink in the program - the Appeals courts are expressing "concern" that the people are not getting fair hearings in the STATE courts." Meece told Avera that a recent case he had worked on had "been reversed because the attorney had said they were not prepared to proceed and the judge had continued anyway". Meece stated he was afraid that the Appeals court might think that Gaston was not receivng a fair hearing, and Avera acknowledged he knew of this case. This discussion occurred before Avera proceeded, having just allowed the STATE to deliver discovery the morning of the trial and Gaston could not possible be prepared. Mr. Avera, with extreme contempt for citizens rights and constitutional rights, proceeded anyway, arrogantly refusing to step down, and hell bent on terminating the parental rights of Wilbur Gaston, the mission he had been sent in to do. Avera is by dictionary definition a whore for the STATE who is compromised and criminally liable for the destruction he has enacted upon the Gaston family, and the SEVERE and DANGEROUS situation he has personally placed Melissa in KNOWING she is being raped in abusive foster homes. Mr. Avera deceitfully conducted a proceeding under color of law using manufactured documents and biased, prejudiced nd intentionally slanderous hearsay, commending the witnesses who made the records to give the appearance of "evidence" for the STATE to APPEAR to have a case. This deception of the higher courts through fraudulent, uncontested records is common method and operations and how they destroy the families. Most often, the families do not even know or ever see the malicious reports that have been fabricated against them and the attorneys do not dispute the lies of the STATE or risk contempt and disbarment for "irritating the court" or betraying their "brothers on the bar".
The discovery produced the morning of the trial had on the top of the Appeals court records, a birth certificate of Melissa Gaston. This is a very blatant attempt to deceive the Appeals cout judges, as the STATE knows that he Gastons have exposed their altering of Melissa's birth vertificate in 1997 and removed Wilbur Gastons name from it. The STATE is so IGNORANT and DECEPTIVE - as thought the Gastons do not have the other copies of this. They placed this document on TOP of this huge file, which contains numerous pages of slander with not even someones name on it - just papers the STATE put in the file with nasty things written with no substantiatiion or corroboration or authenticity - just to bias any person looling at the file. We have the original birth certificate, we have the notes from Diana Rainey., caseworker, who wrote"adoption" and "get a new birth certificate" in April1997, after the original petitions had been dismissed and NO allegations AT ALL were pending, and the STATE had STILL not taken "jurisdiction" for months yet to some - the STATE did not take "jurisdiction" or file any petitions until September, 1997, one and a half YEARS after Melissa was removed, at which time they filed original petitions, dismissed petitions. amended petitions. (See exhibit E) This was done as a result of Wilbur Gaston making a record of known STATE crimes in August, 1997, after being completely locked out of any redress for one and a half years, and the STATE unlawfully refusing to return his daughter to him. Caseworker Diane Rainey wrote to federal review specialist Ann Stearns who with Director of Vital Statistics Edward J Johnson H ALTERED Melissa's birth certificate and removed Wilbur Gastons name. Evidently they thought better of using it, or have other altered documents they are using to adopt Melissa out which we not seen yet. We have been told that the STATE has said they have ALREADY ADOPTED MELISSA OUT BEFORE THE PARENTAL RIGHTS HAVE BEEN TERMINATED. The Gastons have been PREVENTED from protecting her, and the higher courts have refused for two years to even investigate as the STATE has raped this child and is abusing her now to break her spirit. This altered birth certificate is also important evidence in the case before the appeals courts regarding Adoption records being opened and is ABSOLUTE EVIDENCE WHY THE RECORDS MUST BE OPENED AND EVERY PERSON ET THEIR RECORDS. As this proves, the STATE has destroyed countless lives with this FRAUD, and many adoiptees even when they get their birth certificate will find it is nothing more than a LIE and a MANUFACTURED DOCUMENT BY THE STATE. The foster children may never be able to know their birth families, are told their parents were criminals with slander and lies just like what is seen here and upheld. These are clear and certain examples of the FRAUD and KIDNAPPING of the children and infants and how BLATANTLY they manufacture documents UNLAWFULLY to take the children - the children DISAPPEAR and the parents, as this case exemplifies, are LOCKED OUT from getting them back unless the ADMIT GUILT to whatever lies the STATE brings, and if they refuse ILLEGALLY COMPELLED CONTRACTS WITH THEIR CHILDREN THE RANSOM AS HOSTAGE AND PRISONERS OF WAR; SERVICES 'OFFERED' BY A 'SERVICES' AGENCY ACTING AS A POLICE STATE ENFORCEMENT FOR THE STATE OF OREGON WITH THE COURTS BEING NOTHING MORE THAN SOSCF TRIBUNALS. A CRB Supervisor Ann Huber, judicial attorney, militant lesbian and "citizen" oversight supervisor, told the Gastons that the job of the Citizens Review Board is to "enforce the service aggreements of the SOSCF" - there IS ABSOLUTELY NO HONEST CITIZEN OVERSIGHT IN ANY ASPECT, and EVERY such "board" or "committee" is completely compromised with influences of STATE employees on unlearned citizens easily biased by the SOSCF slander agains the parents. This is again, as the whole case, method and operations revealled of the courts, attorneys, and the SOSCF DECEPTION to get those federal dollars in to the "human resources FUNDING STREAMS with our children the COMMODITY"(their words). And the higher courts, until now,. Have been rubber stamping this "in the best interest of the STATE".
All court records of STATE crimes against Melissa Gaston were omitted from the trial, and no references were made to the admitted and confessed sexual, physical and emotional destruction by caseworkers, counsellors, foster parents, attorneys, judges and police. All discrediting court records are not in the case file, and some of the most critical transcripts have never been transcribed, wherein caseworkers Diana Rainey, Pam Helm Briggs and counsellor and "expert witness" Shirley Hardwick stated that THERE WAS NEVER ANY CREDIBLE EVIDENCE TO HAVE TAKEN MELISSA OR TO HAVE KEPT HER IN FOSTER HOMES and that Melissa has been so severely abused as well as her siblings that the statements of these chidren are permanently TAINTED and NOT CREDIBLE TESTIMONY. When Sullivan found that there "ARE INCONSISTENCIES IN MELISSA'S STATEMENTS" this is an understatement, and then he found the "testimony to be credible", allowing to stand hearsay reparts and stories of the children that are not only false but impossible, and these stories have been created by memory implant techinques and coersion LONG AFTER Melissa was being sexually abused in the home of Hazel Spees, and other foster parents. The method of the courts and the SOSCF is to KEEP THE CHILD, BUILD THE CASE, TAKE AS LONG AS THEY NEED TO KEEP 'INVESTIGATIONS' OPEN, AS THEY MULITPLY THE FALSE AND BIASED REPORTS TO SUBSTANTIATE" THE CASE......THE HIGHER COURTS BUY THIS!!!! AND THE VULNERABLE FAMILIES, SUBJECTED TO COURT APPOINTED ATTORNEYS, CANNOT GET THEIR TRUTH TO THE HIGHER COURTS. Even as the Senators and Representatives try to help the families, the get a confidentiality waiver - but even if they look at the "case file" it shows nothing but the SOSCF slanderous and fabricated reports, and they are turned away, doubting the innocence of the families and biased by catch words and appearances created by the SOSCF to deceive and DIVERT f rom the criminal things the agency is doing to take more and more children and profit hugely from this kidnapping of children without due process or crime committed. Mr .Meece conducted this malicious prosecution in criminal violation of established FRUAD and upholding previously discredited records to further the criminal enterprise in which he is engaging and profiting from abusing his office to commit criminal acts. Mr Meece can sue and be sued in his personal and official capacity.
xx. DINA VITOLINS is an assistant attorney general in Marion County in the office of Hardy Myers. Ms. Vitolins was brought in by attorney General Hardy Myers to terminate parental rights on Melissa Gaston.
yy. TIM IRMEN is a caseworker at the Marion County State Offices for Services to Children and Families. Defendant Mr. Irmen was a participant in the kidnapping and false imprisonment of Melissa Gaston in March1996. Defendant Mr. Irmen is also the caseworker for Melissa's half brother Raymond who, according to discovery, has also been severely abused in foster homes under the "care" of Defendant Mr. Irmen. According to Silverton Police reports, Mr. Irmen is a "registered sex offender/caseworker". When this report became public knowledge we have documents of Silverton police dept. and SOSCF Supervisor Defendant Oscar Herrera confidentially altering the police report to remove this from the record. Defendant Mr. Irmen, according to discovery, is involved with altering documents showing criminal activities at the foster home of Shanna and Ionis Aldis, where Melissa was sexually abused and burned, with full knowledge of the caseworkers. These foster parents continue to be protected and the home continues to be a foster home and was certified as a day care center after known criminal activities occurred. Defendant Mr. Irmen has acted with malicious intent to avoid liability for criminal behavior, in self interest with complete disregard for criminal abuse of children in his "care". Defendant Mr. Irmen can sue and be sued in his individual capacity.
zz. SHIRLEY HARDWICK is a counselor with Salem Mental Health, and working for the State Offices for Services to Children and Families under subcontract. Defendant Ms Hardwick has knowingly sexually exploited Melissa Gaston in an effort to assist the SOSCF in removing Melissa Gaston from her father. Defendant Ms Hardwick is fully knowing of the pornographic video made of Melissa and did nothing to report this, in fact, doubled her "counseling" sessions (at the behest of caseworker Defendant Larry Lawson) at the same time the video was made to exploit Melissa for "all she knows sexually" before a hearing in October 1996. Defendant Ms Hardwick broke the service contract when Mr. Gaston was ordered to participate in Melissa's counseling when she was to be returned to his care in March 1997, and wrote a letter requesting "exclusive" contact with Melissa. Every time Mr. Gaston tried to contact Defendant Ms Hardwick, she was sick, unavailable, and on vacation, when discovery shows she was continuing to see Melissa every week continuing to attempt to get "disclosures" against Mr. Gaston Defendant Ms Hardwick testified that she knew of Melissa's sexual abuse in three foster homes, and burning and pornography and never protected Melissa, only continued to exploit her. Defendant Hardwick testified that children who have been in many foster homes and abused cannot be trusted in the veracity of their statements, and their statements are not credible, yet used vague, leading statements in an effort to help the caseworkers "build a case". Defendant Hardwick also admitted that there was no credible evidence to be holding Melissa in foster care. Defendant Ms Hardwick, with full knowledge, allowed ongoing criminal abuse of Melissa Gaston, along with other named defendants. Defendant Ms Hardwick can be sued in her official capacity as a counselor and in her individual capacity.
aaa.. NANCY LINK is a counselor working under subcontract with State Offices for Services to Children and Families. Defendant Ms. Link is participating in the ongoing retaliation against the Gaston family, furthering discredited reports and acting with prejudice and malicious intent against Mr. Gaston, on the authority of caseworkers determined to terminate parental rights any way possible. Defendant Ms Link was brought in to enable SOSCF to sever the close bond Mr. Gaston has maintained consistently with his daughter, and try as hard as they have, the SOSCF in three years has not been able to destroy. All court records and caseworker reports from the beginning remark on the love and close relationship Melissa has with her father and how much she loves him and wants to come home. Defendant Ms Link knows nothing of the fraud that has been proven in court, nor was Ms Link present at any hearing. Credible evidence is what someone sees and hears and can testify to, and Defendant Ms Link has neither heard nor seen any evidence regarding Mr. Gaston, and is using slanderous, discredited hearsay statements given to her by the caseworkers for her to make a report to further their manufacturing of reports to use to sever parental rights. Defendant Ms Link is aiding and abetting the herein named individuals acting with bias and prejudice, in furtherance of the conspiracy being enacted against the Gaston family. Defendant Ms Link, as with the others, continues to aid and aRow Melissa's abuse at the hands of the state, perpetuating lies told to her that she repeats in her reports to be used in court to avoid liability of the State for criminal acts, with complete lack of moral or personal accountability. The foRowing facts set forth the crimes of Ms Link and her pedophile minions, as set forth in Plaintiffs federal Complaint filed in January, 1999.
The testimony of counsellor Nancy Link is particularly indicative of the way this agency works together to take the children unlawfully from their homes. Her testimony reveals the methods and operations of the counsellors involvement in these cases, and again, it is so alike that it is a recipe book - a PROCESS - A RENDERING PROCESS LIKE SAUSAGE - This case has for three years exposed the methods as it has unfolded, and as the SOSCF continues to bring in more and more of their compromised and licensed subcontrators who depend on the child services referrals for their bread ad butter. We have letter from caseworker Larry Perton to Nancy Link previous to her meeing Melissa, as we also have a letter from Larry Perton to Dr. David Sweet, who also testified to adopt Melissa out with ku knowledge of her whatsoever - just write a report. We have testimony from SOSCF supervisors that is part of the Senate Oversight hearings wherein the supervisors state that "if the people do not get reports that we can use, we make them go back for more reports and then discard the previous ones". And indeed, that is what they do. After the termination hearing ended, and judge Avera "terminated" parental rights, the STATE attorneys and caseworkers laughed maniacally and Nancy Link gave caseworker a "high five" sign on their "successfully completed case" for which now they will receive monetary reward, as well as the agency huge federal monetary reward for each child SOLD. This woman was brought in on Melissa in 1998, after her previous counsellor Shirley Hardwick had been named in the Racketeering lawsuit and had admitted in sworn testimony to having knowledge of the sexual abuse of Melissa by numerous foster parents and how all of the evidence has been concealled. Hardwick admitted that Melissa and her siblings have been forever TAINTED by the countless sexual interviews with abusive foster parents and caseworkers and how every adult that has talked to Melissa for three years has asked her to TELL them about "Daddy, sex and vaginas" in those words and worse. The SOSCF, knowing they do not have any credible evidence, set out, as is their method, to further "control" Melissa in her "best interest" to sever the bond that has never been broken between Melissa and her father. The SOSCF had Nancy Link write a report in November 1998, to end Wilbur Gastons visitations, and Wilbur Gaston has not seen Melissa for a year now. In the discovery, Melissa is acting out, angry, and has been since the beginning (see exhibit I) abused, drugged, punished, burned as punishment, sexually abused repeatedly, lied to , told her father was dead, then in jail for what SHE had done, condemned to total destruction as well as her brothers and sisters who are now institutionalized in predator sex offender status they are so destroyed. And these are the children William Howell also has exploited to manufacture evidrence against wilbur Gaston, interfering and abusing these children since 1991.
Nancy Link could not be served, and her subpoena was quashed in previous hearings. Nancy Link has vacated her offices in Salem, as well as caseworker Lary Lawson also being in a building that is for sale. These are no more than SOSCF FRONTS just as the courts are no more than SOSCF TRIBUNALS, and it is a foregone conclusion for those who do not "cooperate" and are in "denial" will not get their children back from these vultures. Nancy Link testified about her sessions with Melissa, nothing on videotape, as well as every other witness provided no videotape of any interview, even though these have been subpoenaed repeatedly. The mannerisma and behaviors of the interviewers cannot be determined. In November 1996, when Judy Strom cried and admitted under oath she had lied for her aunt, Dep .DA William Howell BARRAGED this child far worse than any attorney is allowed to badger a witness in an effort to now discredit her lies and being forced. The relentless assault in the courtroom on the video is indicative of what these interviews are like in private, off the record - unbelievable coersion, encouraging child sexual abuse repeatedly for statements of a sexual nature to use against the family..... Since none of these peoples words can be verified, all that is in the reports are THEIR words, meaningless referring to others about whom they are providing uncorroborated hearsay. Just as Hazel Spees, when she learned that caseworker Iarry Lawon would not protect her for making pornography of Melissa, she wrote cleaned up notes and submitted them to the SOSCF to protect herself, Nancy Link, in her testimony, was trying to clean up sessions where she has HYPNOTIZED Melissa - Link describes how Melissa "gets almost trance like' as she has been so mind controlled by these trained exploiters, and she goes right into the trained mode that she has learned in these "counselling" sessions for three years. In the discovery, Melissa and Will are said to "play school and house" during their visits, as though this is unacceptable. Melissa has learned this programmed "school" and "house" in the PLAY THERAPY sessions she has been forced into for the SOSCF as they destroy the chidren to render them "adoptable", also drugging her. During their "trance like" state, Link talks to Melissa about increasingly bizarre "memories" about her "father". This is KEY methods and operations of what is going on in these "abuse assessment centers" and "counselling services" that the STATE forces on people. Nancy Link is a disgusting lesbian, blatanly wears this, and this is another factor that has saturated the STATE child services positions - proud lesbians who take the children from the families and give them to their homosexual friends. This comes up constantly with the families who are dealling with this agency, and often these women are blatant men-haters and teach this to the children - they emasculate the boys and cut the hair of the littel foster girls, and horrendous sexual abuse occurs and is concealled if it is exposed, and the STATE workers protected. Nancy Link has taken Melissa and projected onto her her own PERSONAL BIASES AND PREJUDICES having no bearing on any reality. Melissa has gone from a child who adamantly stated under oath in every interview that her father was never innapropriate with her, and there was never any evidence that he was, to the story that Spees and caseworkers have taught her that she told judge Sullivan in March 1998 that when she was four or five years old her daddy touched her innapropriately in the barn where they lived". This is the story also given my Police Officer Kenneth Pecyna, who also sexually abused Melissa, drivng her all over Marion County to find the "barn" to substantiate the created memories with real memories. Pecyna drew pornographic graphic pictures with Melissa, and drew a white beard on the naked man with a large penis, to make Melissa think sexually of her father. This is criminal exploitation, and Mr. Meece questioned Pecyna about the appropriateness of this, and Pecyna had no defese, after stuttering for a moment said it was "Melissa that brought it up"....... again, no videotape, no way to determine the integrity of these interviews at all. Just routine sexual exploitation by these agents who think it is not pornography to draw explicit naked pictures and talk about Daddy Sex and vaginas to exploit the child - as caseworker Larry Lawson told Spees - "get everything she knows sexually - to use against the father...... Now, the particular HENIOUSNESS of this "barn" story that the STATE and foster parents and police (even now Gary Robertson knows about the "barn" even though they created this later after he was no longer supposedly involved in the case!) The TRUTH about the barn, and why Melissa in the notes is upset because her memories are not "jiving" with what she has been TOLD are her memories and what happenedd to her - Wilbur Gaston lived in a barn in Monitor, Oregon until1991, whereupon the barn was sold from the family and MELISSA NEVER LIVED THERE OR EVEN WENT THERE and WAS ONE YEAR OLD when it was sold from the family. Here again, these are the methods and the lies, and usually a person cannot defend against any of this - if the SOSCF says the man lived in the home, he is guilty and that is that! The timing of these "disclosures" is impossible to reconcile, and reveals the depths of depravity that these compromised STATE employees are going to to keep Melissa from ever coming home and revealling all that has happened to her.
Nancy Link has distorted Melissa even more than ever, and in Links own reports it says she has "post traumatic stress syndrome" from severe abuse in foster homes. Link knows this child HAS been abused sexually and is projecting the foster home abuse onto Wilbur Gaston and forcing Melissa to think that her father did abuse her, when in fact it was in the foster homes where this abuse has occurred. This is a particularly significant method and operation of this agency and how they take the children. Melissa was sexually abused BEFORE Wilbur Gaston got custody of her in 1994, when she was four years old. Melissa and her siblings were sexually abused, burned, emotinally damaged in the home of Shanna and Ionis Aldis. This home is still a foster home and an ongoing day care center, and we have documents of supervisors Susan Srnec and Guy Edmonds and William Howell and others "cooking the books" to remove evidence of this abuse in this home. According to the discovery and their own words, the SOSCF has known of "ongoing criminal abuse in the home" and opened it as a day care center called Precious Little Lambs in Salem. Now, the method here is that the foster parents abuse the children, telling them they belong to the state and they will not keep them unless they "cooperate"...... then, then the counsellors and the caseworkers and judges interview them, they speak of being sexually abused, and the "disclosures" are used against the parent. In one report, early on when Melissa was taken, she tried to tell Spees about being abused at the home of Aldis, and in the notes, the caseworker Larry Lawson, as he mentions these crimes, writes that "he thinks Melissa has her perpetrators mixed up". This is down the line the kind of thing that is done to the parents. Now, in November, 1996, when all of the lies came out and the petition alledging Innapropriate touching was dismissed, the STATE created another petition, saying that Melissa "was in need of services due to her previous sexual abuse history". On the record, Wilbur Gaston emphatically stated that only if it was made clear and certain on the record that this was not inferring HE had anything to do with this abuse that had taken place at the Aldis' home. The petition was not changed, and the biased language was allowed, as well as Melissa not being returned as whe lawfuly should have been. The STATE did not take jurisdiciton for another year to come.....holding her without even a petition alleging "innapropriate touching" while they allowed themselves time to come up with a plan to write more reports and exploit more children to "get something" to use against Wilbur Gaston.
The particular depravity of this is that Melissa's "disclosures" get more and more bizarre with each "counsellor" who gets to her......Now Nancy Link is telling PORNOGRAPHIC stories of other people being involved and making Melissa have sex, and force to eat feces and urine, and "told not to wipe the sticky stuff off their hands that comes out of a mans penis"....... This is particularly disgusting when in the discovery, at the Aldis home - she was taught the sexy dance that Spees filmed, they had a red barn on the property and she WAS sexually abused there, all admitted to by the caseworkers and counsellors. In this home, according to discovery, the Ionis Aldis, the foster father, was sexually abusing the childrren, Melissa and at least two of her siblings, Raymond and Amanda - the children are sexually abusing each other, and they are punished and motion sensored in their bedrooms - Raymond is beaten and restrained, Amanda is sexual predator status" and the children are eating feces and abusing each other unsupervised in this home, all fully known by the caseworkers and covered up. So, Nancy Link has sexually abused a child who she KNOWS has been sexually abused, but not by her father. The insidious methods, leading questions, dissapproval or reward for "right" statements, often projections of the bias of the interviewer, and none of this can be ascertained. Melissa is now seeingLink again, and this is DANGEROUS as Link has vacated her offices with no forwarding address, the SOSCF is "hiding" her, and in her notes she writes about how Melissa is going to "cooperate" and work on her anger issues and is in a home with teenage boys, and will be getting "sexual abuse therapy intensified" this is the drugs, hypnosis and SEVERE sexual abuse that these whores for the court routinely do to the children, to further the STATE agenda and for the STATE to prevail in court, conceal knowledge of crimes, and avoid liability, as well as reap the rewards of the monetary profits from selling Melissa away permanently. Defendant Ms Link can be sued in her official capacity as a counselor and in her individual capacity.
bbb. GARY ROBERTSON is an acting officer with the Silverton Police Department. Defendant Mr. Robertson, without a warrant or signed order, kidnapped Melissa Gaston on March 20, 1996 from her home with her father in Silverton. Defendant Mr. Robertson has testified in sworn testimony that he took her on his own authority, based on his own maliciously fabricated slanderous reports, which are unfounded hearsay written by himself with no verification. Defendant Mr. Robertson engaged repeatedly in sexually explicit interrogations of Melissa, asking sexually leading questions to coerce Melissa into saying anything that could be used against her father. Defendant Mr. Robertson encouraged child sexual abuse in private settings in the home of Defendant Hazel Spees, and brought false charges against the Gastons to conceal evidence of child pornography and protect Defendant Spees. Defendant Mr. Robertson, in furtherance of the retaliation against the Gaston family, conspired with other police officers and caseworkers to manufacture a case to justify illegally taking Melissa or the State holding her and abusing her for nearly three years. Defendant Mr. Robertson, Defendant Shirley Baez, caseworker Defendant Larry Lawson and Defendant Dep. DA William Howell are main actors in the taking of Melissa with the intent to sell her in the black market and pornography trade they are involved in, and in fact, along with Defendant Hazel Spees, used Melissa in child pornography. Defendant Mr. Robertson can be sued in his official capacity as a police officer and as an individual.
ccc. RAUL RAMIREZ is the acting Sheriff in Marion County.
ddd. DAVE MCMULLEN is a sheriff in the Marion County Sheriffs Dept. Defendant Mr. McMullen has violated the Civil Liberties of Mr. and Mrs. Gaston, literally stalking them from January 1998 through April1998, putting himself at every hearing the Gastons were attending, threatening, and menacing at three different courthouses. Defendant Mr. McMullen, at these hearings, before many witnesses, without probable cause, threatened the Gastons with arrest and constantly screamed at them to shut up, leave the building or I will arrest you, and would block the Gastons in conducting their business in the courthouses with the clerks, and repeatedly created public disturbances to provoke the Gastons into situations in an attempt to arrest them. Defendant Mr. McMullen attacked and arrested a courtwatcher, DottiAnn Blakemore, in the Gastons hearing before Defendant judge Karaman on March 16, 1998 without warrant or probable cause. After months of threatening behavior, on April 17, 1998, attacked, maced and arrested Pamela Gaston in the courthouse in the judges doorway as she was to have picked up an order from Judge Duane Ertsgaard. Defendant Mr. McMullen stated under oath that he acts in his own authority, that he has a list of 40 or 50 people on a surveillance list who are followed and watched upon entering the courthouse, all having committed no crime and without the people knowing they are being followed. Defendant Deputy Sheriff McMullen can sue and be sued in his official and individual capacities.
eee. OFFICER PASTOR is a police officer for the Mt. Angel Police Department.
fff. KENNETH PECYNA - Kenneth Pecyna is a State Police Investigator for the Oregon State Police. Mr. Pecyna conducted a malicious prosecution and sexually abused Melissa Gaston, in private, off the record. Mr Pecyna drew pornographic pictures of various stages of naked men and women. Mr Pacyna drew a white beard on the picture of a naked man with a large penis, and wrote "white beard", to make the naked image into a picture of Plaintiff Wilbur Gaston, who has a white beard and hair. Mr. Pecyna engaged in conversations of a sexual nature, off the record, in private, wherein his behavior and interrogation methods or integrity cannot be discerned. Mr .Pecyna, in collusion with caseworkes Diana Rainey, Larry Perton, and others, drove Melissa Gaston all over Marion County, in an effort to construct material affirmation of lies that were being implanted through Melissas therapists and foster parents to corroborate the facade of a manufactured case file generated by corrupt SOSCF to never allow the lawfull return of Melissa Gaston to her Family Body. Mr.Pecyna, with full knowledge of the pornography and sexual abuse of Melissa by agents of the state, refused to protect and in fact furthered the agenda to groom Melissa for the pedophlia and pornography trade, doing his part to "help" Melissa to feel "comfortable' doing sexual things with pedophile adults. That is in fact what the agents of the state are doing to thousands of children, sexually abusing them, and then writing in a report that they were sexually abused by their parents. A constant LIE uphold for profit to the state and agents of the state. Mr. Pecyna perjured himself under oath, and is colluding with the other herein named defendants in furtherance of their ongoing criminal conspiracy
ggg. RICHARD CONDON is an attorney in Salem, state appointed legal counsel for Melissa Gaston. Defendant Mr. Condon has for two years utterly failed to protect Melissa from known criminal abuse, sexual abuse and pornography. He has acted without regard to Melissa's well being, conspiring with other state employees and judges to further the state agenda of permanently severing Melissa Gaston from her family. He made no report of her abuse and aided the other herein named individuals in concealing evidence of crimes committed against her. Defendant Mr. Condon has maliciously brought unfounded petitions and duplicated motions and has never one time defended Melissa from her persecutors - caseworkers and foster parents. Defendant Mr. Condon has allowed the State to take any discredited position it favors, and rather than speak up for Melissa, has continually enabled her to be kept incarcerated in foster care, unprotected by anyone and absolute unaccountability by Defendant Mr. Condon. Defendant Mr. Condon has participated in closed star chamber "hearings" and in private conferences many times with other attorneys, caseworkers and district attorneys, excluding Mr. Gaston and creating petitions based on this coercion and conspiracy. Defendant Mr. Condon has participated in biased and prejudiced Court proceedings and is actively participating in the ongoing retaliation and efforts by the courts to illegally terminate the parental rights of Mr. Gaston. Defendant Mr. Condon has been repeatedly told to recuse himself from representing Melissa, as he is named since January, 1998, in a state Racketeering Complaint, along with other named defendants and is in extreme conflict of interest not removing himself from this case. Defendant Mr. Condon can sue and be sued in his individual capacity.
hhh. JEANEAN WEST-CRAIG is an attorney in Salem, Oregon, and was a state appointed attorney for Mr. Gaston until fired in April, 1997. Defendant Ms Craig has utterly failed to protect the interests of Defendant Mr. Gaston, and failed repeatedly to bring an aggressive defense on his behalf . Defendant Ms Craig concealed exculpatory evidence of state employees criminal activities and documents needed for Mr. Gastons' defense, participated in sealing pornography made of Melissa Gaston by Defendant foster mother Hazel Spees, and failed to report child pornography and child sexual abuse of Melissa.
iii. PAUL ELSNER, ESQ is the city Attorney for the City of Mt. Angel. and the attorney of Record in the instant case. Mr. Elsner is in default, having not answered or lawfully responded to Plaintiffs Complaint within mandated 30 days or automatic default. Mr. Elsner fled the hearing, running to the parking lot and leaving as Judge Graves was waiting for him for his telephone appearance. Mr. Elsner has slandered Plaintiffs, stating that Plaintiffs demands for constitutional government do not "constitute a claim". Elsner removed nearly all relevant testiony and all constitutional Law from Plaintiffs Complaint. Paul Elsner colluded with Judge Janice Zyranoff, Mt. Angel Police Chief Michael Conrad and his officers, and City Administrator Huddleston to prevent court proceedings on unlawfull citations being enforced against Plaintiffs ongoing. Mr. Elsner LIED - stating that "the citations have been sent to the Circuit Court for an action on behalf of Mt. Angel"; "The city has retained my services to bring an action against you"; Judge Zyranoff and Police Officer Wilkerson all had discussed Elsners scheme, and LIED in court that the casefile was not there because it had been sent to another court. Elsner and Zyranoff LIED and maliciously violated Plaintiffs Judicial Due Process, by having some unknown discussion on the telephone to not hear Plaintiffs case. Elsner stated in a voice mail to Plaintiffs that he had talked to the judge and the Chief and "everyone knew", a voice mail that was received AFTER the hearing. Zyranoff could produce NO documents, NO casefile, NO motion of Elsners on which they were acting, NO discovery was produced before, during or since the hearing. Elsners statements that the paperwork is in the mail, and his threats that he is bringing an action on the City's behalf are ludicrous, with the City in default not only on this case but a related Racketeering Complaint now in the federal court. The idea that Mt Angel is fighting a Citizen demand for constitutional courts and government is also ludicrous, when the elected officials and Mt. Angel representatives have all taken oaths to uphold the constitution, and the original Complaint was not for monetary damages. Now, the City and through its representative, has involved itself in the bigger WAR that Plaintiffs have been defending against for four years, have completely acted now in collusion with other herein named criminals, and SHALL be accountable and make restitution for their crimes. No paperwork has arrived, NO casefile had been moved - ALL LIES and COLLUSION. CRIMINAL ABUSE ONGOING. Paul Elsner did not appear and defend City of Mt.Angel in judge Graves court in Dec. 1999, and allowed a non bar member police officer to appear as the City Attorney of Record, completely unlawfull. Paul Elsner is guilty of violating Plaintiffs constitutional rights, blatantly and arrogantly stripping, literally, all constitutional language from the Complaint, just as the Mt. Angel and state of Oregon government has stripped all constitutional protection of Plaintiffs, proof positive, primae facie. Paul Elsner SHALL be named for new crimes as they unfold, as this campaing is ongoing at this time. Paul Elsner is accountable, and can sue and be sued in his personal as well as his official capacities.
jjj. BARBARA DIAMOND is an attorney in Portland, representing Defendant foster mother Hazel Spees. Defendant Ms. Diamond has participated in concealing evidence of criminal activities, acting against the Gastons for exposing the child sexual abuse and pornography produced by Defendant Ms. Spees. Defendant Ms. Diamond has conspired with other attorneys and judiciary to set up the Gastons to prevent fair and unbiased trials. Defendant Ms Diamond has perjured herself in court.
kkk. THOMAS DOYLE is an attorney in Portland and represents foster mother Hazel Spees. Defendant Thomas Doyle, along with Defendant Barbara Diamond have conspired against the Gastons, bringing fraudulent petitions and illegally adding Mrs. Gaston's name to orders that she is not a part of. Defendant Mr. Doyle has perjured himself in court.
111. HAZEL SPEES is a foster mother and a third grade teacher in Marion County residing in Silverton. Defendant Mrs. Spees encouraged child sexual abuse while Melissa Gaston was living in her home from July 1996 through February 1997. Defendant Mrs. Spees engaged in explicit sexualized conversations repeatedly with Melissa in an effort to obtain statements of a sexual nature to enable the State Offices for Services to Children and Families to justify illegally holding Melissa in foster care without credible evidence. Defendant Mrs. Spees allowed Defendant Silverton Police officer Gary Robertson to conduct private conversations with Melissa in her home, conversations of a sexual nature and encouraging Melissa to demonstrate sexual acts. Defendant Mrs. Spees was told by caseworker Defendant Larry Lawson to sexually exploit Melissa, to "get everything she knows about sexual behavior" before a hearing set for October 28, 1996, tellin Spees that Melissa would get all the "good, fine moral teaching after the 28th". Defendant Lawson asked Defendant Spees if she had a video camera and instructed Defendant Spees to film Melissa in sexual behaviors. Defendant Spees, in fact that night, encouraged Melissa, 7 years old, to strip, dance naked and masturbate on video, a video that has been edited with breaks and missing segments. Defendant Spees gave this video to Defendant Lawson, and when Defendant Lawson would not give her a letter to protect her, Defendant Spees wrote a confession describing the pornography and gave it to Defendant Lawson's supervisors. This tape was sealed in the court of Defendant Judge Joseph Ochoa on October 31, 1996 and there was no report made, no investigation and no prosecution of Defendant Mrs. Spees or Defendant caseworker Lawson, or Defendant Judge Ochoa for concealing evidence of child pornography, failing to report child pornography, using a child in sexually explicit display. In the court record are repeated instances of Spees asking Melissa about her privates, telling her to "show her" sexual manipulations and also Defendant Spees touching Melissa's privates herself. Defendant Mrs. Spees slandered Mr. Gaston to Melissa and has emotionally crippled this child.Mrs. Spees has committed witness tampering, coersion and extreme violation of Melissa's personal liberties and boundaries. Mrs. Spees repeatedly would talk to Melissa abut her father and sexual acts to make Melissa think of her father in a sexual way. Melissa said in the records, that Defendant Mrs. Spees punished her unless she made statements against her father, and Melissa said Defendant Spees would say "tell them, tell them, tell them Melissa - tell the truth Melissa" to coerce statements to use as "disclosures" to sever Mr. Gastons parental rights. By the time Melissa was in Defendant Spees home she had already been sexually abused in two known foster homes and burned in one, and the caseworkers reports state there were still no disclosures from Melissa about Mr. Gaston. Mrs. Spees maintained a constant dialogue with Melissa about "touching privates" to teach her to use these words when asked to "tell the truth". Defendant Mrs. Spees has conspired with caseworkers and police to prevent the Gastons from exposing her criminal acts, and the agents and authorities of the state and judiciary are protecting Spees to protect their own liability from criminal prosecution. Defendant Mrs. Spees and her attorneys repeatedly have brought cases against the Gastons and conspire to violate the Gastons constitutional rights of due process to defend themselves in court, to publish a newspaper and to describe publicly what the SOSCF and herein named individuals are doing to Melissa Gaston. Defendant Mrs. Spees can sue and be sued in her individual capacity.
mmm SHANNA ALDIS and
nnn, IONIS ALDIS foster care and day care provider and wife of defendant IONIS ALDIS. Ionis Aldis is a foster care and day care provider and husband of Defendant Shanna Aldis. Melissa and two of her half siblings were in the Aldis foster home beforel February, 1994, when Mr. Gaston brought Melissa out of foster care to live at home with him. While in this foster home, Melissa was sexually abused and burned and no report was made and no investigation occurred. In this home, according to discovery, Melissa said foster father Ionis Aldis taught her the "sexy dance" of which later a pornographic video was made in an attempt to insinuate somehow Mr. Gastons involvement to incriminate him. Melissa's half brother was blamed for burning Melissa, but according to discovery it was fully known to the SOSCF caseworkers that the foster father burned Melissa's hand as punishment. Caseworkers have testified under oath that they knew Melissa was sexually abused in this foster home and that she was burned and nothing was done to the foster parents. According to discovery, this foster home was to have been closed in 1995. Yet, current records indicate that as of March, 1998, the Defendant Aldis home is still a foster home with two children under state care (one child from California that the Defendants Aldis's were awarded guardianship). The home was opened as a day care provider in 1996, after known criminal abuse of children occurred there. Current reports state that there is still "ongoing criminal behavior" in this home in 1998, "drug use, criminals in the home, leaving the state without notification, not reporting to the state" and "..." referring to more crimes not listed in the reports. Rather than remove the abused and endangered children or bring prosecution, the documents show supervisor Guy Edmonds from Washington County, along with other SOSCF employees and Defendant Dep. Dist. Attorney William Howell altering the records to delete any evidence of child abuse in this home in March 1998. The record states they now have a cleaned up "assessment form" on the Defendant Aldis home. These individuals are acting in criminal activities to conceal evidence of crimes of state workers and supervisors, in conspiracy with herein named individuals . Defendants Shanna and Ionis Aldis can sue and be sued in their individual capacities.
ooo. SHIRLEY BAEZ is an apartment manager in Silverton, Oregon. Defendant Mrs. Baez, in conspiracy with caseworkers and police, caused Melissa Gaston to be wrongfully removed from her home in the apartments where she lived with her father, Mr. Gaston, in Silverton. Defendant Mrs. Baez attempted to have two girls removed from their parents, and is reported to have tried twice to buy babies from other people in Silverton. In August, 1996, Defendant Mrs. Baez was arrested in Mexico trying to buy a child with promises of US money. Defendant Mrs. Baez coerced her friend Mignon Bruno's niece, Judy Strom, to lie and fabricate testimony that she saw Mr. Gaston innapropriately touch his daughter. Judy Strom has repeatedly testified that she lied for her aunt and all reports stating this allegation were discredited when she recanted her testimony in November 1996. Defendant Shirley Baez was seen repeatedly with Defendant caseworker Larry Lawson as they conspired how to render Mr. Gaston vulnerable and kidnap his child for the black market adoption ring they are operating from within the State Offices for Services to Children and Families. When Baez was arrested in Mexico, Defendant Larry Lawson was on a sudden emergency leave and Defendant Mrs. Baez was quicldy released from the Mexican jail. The records show the SOSCF caseworkers recommending "get a new birth certificate" on Melissa, and Mr. Gaston was prevented for a year from seeing Melissa or any visitation as she was being abused in foster care and the SOSCF was (and continues to) desperately attempt to fabricate a case to terminate parental rights. Defendant Shirley Baez, according to court testimony, told witnesses that she was "going to frame Mr. Gaston, one way or another to get rid of him" and proceeded to initiate false, slanderous hearsay reports from her friends in the apartment complex to accomplish this. Defendant Mrs. Baez, according to newspaper accounts has a criminal background. When Mr. Gaston finally made a videotape about his case and aired it on public television in October 1996. The night it aired, two people came to Gastons's door and threatened to kill him if he tried to bring Baez's friend, Jeannie Vega, into court. The next morning, Defendant Mrs. Baez sent two Silverton police officers to Gastons home threatening to arrest him for speaking out about criminal acts of Defendant Shirley Baez and her coconspirators. Defendant Mrs. Baez can sue and be sued in her individual capacity.
ppp. CONNIE MAXWELL is the biological mother of Plaintiff Wilbur Gastons daughter Melissa Gaston.
qqq. GUARDIAN MANAGEMENT CORPORATION is the State Housing Authority who is the employer of Defendant Shirley Baez, and the management company of the apartments where Melissa Gaston was wrongfully taken from her home. Mr. Gaston repeatedly called this management service office to report harassment by manager Shirley Baez, and nothing was done to stop her.
rrr. STATESMAN JOURNAL NEWSPAPER is a Salem based newspaper, owned by Gannett Publications. This newspaper is violating the public trust by failing to uphold TRUTH IN MEDIA. It has become evident that they are no different than a "communist state run media" omitting the full story so the public is misled. They are printing unfounded information that is slanderous and that the STATE is using in affidavits to defame Plaintiffs. They print a story about judge Ochoa concealling evidence of child pornography, yet will not print that a jury found him guilty of these crimes. They print that the courts have dismissed the lawsuit, and quote the fraudulent orders that have been created, but refuse to tell the public any of the facts of the case of the criminal activities of public servants and authorities. This newspaper is irresponsibly printing half truths, routinely printing articles given to them by state agencies and reprinted as truth without investigating. Often the statistics are different in every article,yet this is printed without being questioned. This newspaper and its reporters Jan Davies and David Risser, editor, are knowingly refusing to print factual information and public court records of the crimes of state employees and judges. This newspaper is endangering the public by failing to disclose and omitting from their pages criminal activities by state agencies, that the people, being forewarned, would not become entrapped in the web of deceit currently waiting for them when they go to these corrupted state agencies for help. To be silent or misleading when speaking out would prevent a crime is a federal crime, and this newspaper has repeatedly refused to tell the truth to the public, or investigate articles accurately and tell the whole story. It has become evident that this newspaper is choosing to protect the state agencies and judiciary; more than likely being advised by their attorneys who are also bar members and together they are aiding and abetting racketeering and conspiracy against the Plaintiffs and their family, Courtwatchers have also been attacked and this paper has maliciously slandered these constitutional defenders on behalf of the courts to discredit these people in the public, as they print misinformation and propaganda that the agencies and courts give them.
sss. RANDY MCKIBBEN is the building manager for the Department of Human Resources in Salem, Oregon. Mr. McKibben has taken it upon himself without legislative authority, to block Plaintiffs from serving legal papers and moving freely in a public building.
ttt. ANN HUBARD is a an attorney and supervises Citizens Review Board members. Defendant Ann Hubard was given evidence from the SOSCF and court records in March 1998 fully appraising her of the criminal activities of the SOSCF and criminal and sexual abuse of Melissa Gaston. Defendant Ms. Hubard was shown documents where the Citizens Review Board had recommended Melissa be returned to her father March 1, 1997, a year previously. Defendant Ms. Hubard did not make any report of child sexual abuse and did nothing to protect Melissa from this abuse, or make any effort to rectify the ongoing illegal incarceration being enacted by the SOSCF. Defendant Ms. Hubard refused to allow the Gastons to tape record the board meeting, and has assisted the SOSCF in upholding slanderous, discredited hearsay reports to prevail in their goal of terminating Mr. Gastons parental rights. Defendant Ms. Hubard is an attorney for the judiciary and has a conflict of interest being part of the CRB.
uuu. NANCY MILLER is the administrator of the Citizens Review Board, appointed by Supreme Court Chief Justice wallace Carson to her position. Defendant Ms. Miller has utterly failed in her authoritative capacity to protect Melissa Gaston, to report the ongoing criminal abuse of Melissa and the Gaston family and with full knowledge of the facts and activities of the SOSCF caseworkers and foster parents has failed to even make a report to demand accountability from this agency. Defendant Ms. Miller has failed to enforce the follow up CRB report from March 1997, when Melissa was to have been returned home.
vvv. RENAULT CATALANI is the Marion County manager of CASA, Court Appointed Special Advocates. Mr Catalani perjured himself in court, repeated LIES that had been previoulsy discredited that he upheld as facts. Mr Catalani testified to information which was hearsay and which he did not know, and acted to facilitate the termination of parental rights for the adoption payoff for the agency, for profit to himself and job security........
www. "Et. al." refers to individuals who are added as discovery comes to light, new crimes are committed and others continue to join the conspiracy and retaliation and deprivation of rights and liberties of Plaintiffs.
* DONALD KALBERER is a retired circuit court judge from columbia County acting in Marion county. Donald Kalberer was assigned to the Gastons case in June, 1998 by Supreme Court Chief Justice Wallace Carson. Mr. Kalberer met with the Gastons and the attorney for Hazel Spees at a conference in July, 1998. At this time Mr. Kalberer was appraised of the ongoing situation with the Gastons and the state committing Fraud and retaliating against them. Mr. Kalberer saw how the state had involved the Gsatons in twelve different cases to overwhelm them and render them defenseless. Mr. Kalberer saw how the courts had shredded up cases into many pieces, too many to keep track of for anyone. Mr. Kalberer said he was assigned only one of the cases, the defamation case with Hazel Spees. An order had previously been signed by judge William Lewis, wherein Lewis, after stating facts were not an issue, and violating two other judges orders that there was to have ben an evidentiary hearing, found the Gastons guilty of defamation by printing Spees confession in a newspaper about making a pornographic video of Melissa Gaston. When judge Pamela Abernethy set up the very first hearing in Dec,. 1997, she told Ge would not prevail against S pees, in a completely biased and sham proceeding, she wrote a fraudulent order that was to have been vacated in the court of Duane Ertsgaard when a jury found that judges were Guilty of fraud and are writing lies on orders illegally - Pamela Abernethy's being one of the ones the jury looked at....bu Abernethy knew how there would be a jury trial but no one would know Spees crimes - Gastons had no idea and the court and Diamond and Doyle, attornies for Spees, exploited Gastons sui juris status by setting up a summary judgement hearing that would intercept the jury trial, and this is what the court did. Judge Lewis gave Spees summary judgement with no regard to facts, in complete Violation of ORCP 47 whereby it says there must be evidence, and denial is not enough. Mr. Kalberer came into the case at this point, and the whole set up was explained to him. In July, 1998, the Gastons were forced out of their own jury trial, the order by Lewis setting up a jury trial based on damages alone. With no defense, and no evidence presented to the jury, the jury awarded pornographer Spees $500,000.00 damages against the Gastons. At this time, a hearing is pending for Kalberer to sign a judgement in this matter. This whole defamation case is constructive FRAUD, and the jury trial in April, 1998 found that the order by judge Abernethy was fraud from the inception and all that stemmed from it null and void. Yet, the Gastons are extremely vulnerable at this moment, awaiting injunctory relief from the District Court or the Ninth Circuit, where a habeas corpus writ for Melissa is pending. If Kalberer has a hearing and signs a judgement the Gastons will be attacked by the vulture attornies who are defending a pedohpile and getting away with it only because of the number of people who are criminally guilty along with her as these crimes come to light. Mr.Kalberer felt that to get the case into the Appeals court would be a step forward, and presided over sham proceedings and furthered the fraud of the former judges. Also, in the court of Don Kalberer, Hazel Spees and Officer GaryRobertson were citizen's arrested, and Judge Kalberer stated "duly noted on the record" but did not enforœ any prosecution of these criminals. Judge Kalberer evidently has a trust in the Appeals court that hasproven to be unfounded for the Gastons - the court of Appeals routinely denies all of the Gastons petitions, only right now allowing a brief to be filed for the first time in three years, dismissng repeated appeals without hearings. The Gastons cannot take the risk, nor allow these extreme violations of due process and conspiracy and retaliation by this judge, no matter if Somehow judge Kalberer has the Gastons best intentions at heart. If Kalberer holds a hearing in this before the District Court does, and signs this judgement, and refuses to turn around this verdict, then he will be actively aiding and abetting the others in this conspiracy to render the Gastons permanently defenseless, without hope or ability to ever pay such a judgement and all fraudulently derived. Mr Kalberer has violated the Gastons rights of due process and deprived the Gastons constitutional right to a trial by jury where the jury, as by Law, judges the FACTS and the LAW in the case. No jury heard any defense or evidence. Mr Kalberer will be held accountable as all of the others in his individual and official capacities.
** Mt Angel Racketeering Complaint Defendants: CITY OF MT. ANGEL is a fictitious entity, corporate sub-division of the State of Oregon, located in Marion County, also a sub-division of the State of Oregon, State of Oregon being a social compact organized under the Constitution of the United States and the Constitution of Oregon.
ROBERTA HUDDLESTON is the acting Mt.Angel City Administrator. Defendant Huddleston has taken an oath to uphold the Constitution and to Protect the citizens in Mt. Angels Interests, Rights and Property, and profits from her position of authority. Defendant Huddleston is accountable, Equal before the Law, being sued in her official and personal capacity.
JANICE ZYRANOFF is a justice of the peace, acting as a judge in Marion County, in Woodburn Justice Court, Mt. Angel Municipal Court, and other Marion County Municipal courts. Defendant Zyranoff is accountable, Equal before the Law, being sued in her official and personal capacity.
MICHAEL CONRAD is acting Mt. Angel Police Chief. Defendant Conrad is accountable, Equal before the Law, being sued in his official and personal capacity.
JAMES BAND was an officer for the Mt. Angel Police Dept., currently an officer in Oregon City Police Dept. Defendant Band is accountable, Equal before the Law, being sued in his official and personal capacity.
LOUIS GROSS is a resident in the City of Mt. Angel. Defendant Gross is accountable, Equal before the Law, being sued in his personal capacity.
JEFF CHARPILLOZ is an officer on the Mt. Angel Police force. Defendant Charpilloz is accountable, Equal before the Law, being xued in his official and personal capacity.
*** Named defendants from previous Complaints, awaiting prosecution.
RICHARD VARVEL is a SOSCF administrator in Marion County in Kay Toran's office.
ELIZABETH UCHYTIL is a SOSCF administrator in Marion County in Kay Toran's office.
CALEB HEPPNER is a SOSCF administrator in Marion County in Kay Toran's office.
KEM SUNICH is a caseworker with the SOSCF in Marion County.
AL BUSHEY is a caseworker with SOSCF in Woodburn.
LORI COX is a sexual abuser "therapist" that works for CARES NW.
CARES NW is a "sex abuse assessment center" where children are , and Melissa Gaston was, sexually abused by agents for the SOSCF. For profit and personal purescient pedophillic obsessions, contracted to work for the SOSCF tribunals to kidnap children from their familes, terrorize them, and "render them adoptable" for profit.
DALE NASON is a Court Appointed Special Advocate for SOSCF (CASA).
RICK PUENTE is a caseworker with the SOSCF in Woodburn.
PAM HELM-BRIGGS is a caseworker with the SOSCF in Marion County.
CAPTAIN ALLEN is a sheriff in Marion County in Raul Ramirez's office.
OFFICER SCHARN is a sheriff in Marion County in Raul Ramirez's office.
JACK MA'ITINGLY is a former Police Officer with Silverton Police Dept.
ED JENSEN is a Police Officer with the Silverton Police Dept.
RANDY LUNSFORD is a former Police Chief for the Silverton Police Dept.
SYLVIA STEARNS is a Police Officer for the Silverton Police Dept.
JERRY STEARNS is a Police Officer for the Silverton Poliœ Dept.
MICHAEL GOWER is a Police Officer with the Oregon State Police Dept.
JERRY BLAYLOCK is a Police Officer with the Silverton Police Dept.
DOUG GARRETT is a deputy sheriff in Woodburn.
JOHN GADBERRY is a deputy sheriff in Woodburn.
AL ALLEN is a former interim Police Chief in Silverton Police Dept.
STEPHEN BUSHONG is an assistant Attorney General in Hardy Myers office.
DIANA VITOLINS is an assistant Attorney General in Hardy Myers office.
MIGNON BRUNO is a friend an co-concpirator of Defendant Shirley Baez in Silverton.
ANDREA BRUNO is the daughter of Mignon Bruno.
NICO VEGA is a friend and co-conspirator of Defendant Shirley Baez in Silverton.
SANTIAGO REYES is the housemate of Nico Vega and cohort of Shirley Baez in Silverton.
JEANNIE VEGA is a friend and co-conspirator of Defendant Shirley Baez in Silverton.
VICTOR LOPEZ is the housemate of Jeannie Vega and cohort of Defendant Shirley Baez.
DONNA MEYERS is a co-conspirator who lives in Silverton.
JUDY STROM is the niece of Defendant Mignon Bruno and co-conspirator of Shirley Baez.
RUTH MIKIAUCIC is a foster care provider in Salem, Oregon, for the SOSCF.
KENNETH MIKIAUCIC is a foster care provider in Salem, Oregon for the SOSCF.
DEBBIE MASCH is a foster care provider for the SOSCF in Marion County.
AMANDA MAXWELL is half sister of Melissa Gaston, currently incarcerated in "sex offender status" in the "care" of the SOSCF.
WHITNEY SPEES is the daughter of foster care provider and teacher Defendant Hazel Spees.
DOUG SMITH is the principal at the Monitor Elementary School where Defendant Spees teaches.
3.
STATEMENT OF FACTS
The defendants at all times herein metioned are either civil servants and authorities, public employees or their agents acting under the authority of the State of Oregon. The defendants are and have been engaged in an ongoing conspiracy to steal children from their parents and either sell the children in the black market or use the children to produce pornographic films for profit.
4.
In furtherance of their conspiracy, the defendants manufactured evidence falsely accusing the Plaintiff Wilbur Gaston of engaging in illicit conduct with his daughter. The purpose in falsely manufacturing the evidence and accusing the Plaintiff was to enable the defendants to aquire custody of Melissa Gaston and to sell her for profit in the black market or use her for producing pornographic films for profit for the defendants.
5.
The conduct of the defendants constitutes a pattern of racketeering activity that has the same or similar intent, results, victims and methods of commission and is interrelated by distinguishing characteristics including a nexus to the same enterprises of selling childen on the black market or using them in the production of child pornographic films and these are not isolated instances.
6.
A jury has established that named judges are involved in a conspiracy along with authorities and agencies of the state as named to conceal public knowledge of stated criminal activities of named individuals and that there is an ongoing and escalating retaliation being enacted against Wilbur and Pamela Gaston. These named authorities, agencies and courts are blatantly acting under color of law to deprive the Gaston family of their constitutional rights and civil rights of due process in the Gaston's efforts to end this attack by the state and force the SOSCF to rightfully return Melissa Gaston to her family. The named authorities and agents and courts have utterly failed to investigate charges of criminal acts by the state and all facts stated herein are now sworn testimony in court records and all facts, without exception, are undisputed.
7.
The defendants, in furtherance of this conspiracy, committed, attempted to commit, did commit and solicit crimes as charged, including Civil Rights and Constitutional Rights violations:
Racketeering
Deprivation of Rights
Perjury of Oath
Misprison of Felony
Fraud
False Swearing
Intentional Infliction of Emotional Distress
Tresspass
Judicial Orders that Create a Disputable Presumption
False Arrest and Imprisonment
Defamation
Compelled Testimony/ Evidence Production
Malicious Prosecution
Solicitation
Conspiracy
Perjury
Subornation of Perjury
Obstruction of Governmental or Judicial Administration
Bribery
Tampering with a Witness
Tampering with Physical Evidence
Initiating False Reports
Menacing
Kidnapping in the 1st Degree
Coersion
Sexual Abuse in the 1st Degree
Using Children in the Display of Sexually Explicit Conduct
Encouraging Child Sex Abuse in the 1st Degree
Failure to Report Child Pornography
Stalking
Falsifying Business Records
Violation of the Public Trust
Violation of Constitutional Rights and Due Process
Et al., crimes added as Discovery comes to Light and Violation of Rights Continues...
8.
The defendants knowingly received benefits derived directly and indirectly from a pattern of racketeering activity described above. The defendants are engaging in collusion, constituting a criminal enterprise of Bar member Judges and Attorneys in a confederacy with Public Servants and Elected Officials to profit from the abuse of their official capacities and in perjury of their oaths to uphold and protect the Citizens of Oregon and the Oregon Constitution.
9.
The defendants conspired and endeavored to violate and did violate the provisions of ORS 166.720 (1) through 166.720 (4) with said racketeering activity constituting a violation of ORS 166.715 through 166.735, statutory Administrative rules that defendants are contracted by oath and financial gain to uphold, being public servants contracted to the state and accountable to the People.
10.
AFFIDAVIT OF UNDISPUTED COURT RECORDS
COMES NOW, Wilbur Russell Gaston and Pamela K Gaston to swear and affirm all of the facts stated herein are true and sworn testimony of the events and criminal activity attested to in this complaint. All facts stated herein are a matter of Public Record, recorded for the last two years in court hearings and trials. All of the following assertions and charges have been made in open court against the Defendants so named, and have been, without exception, undisputed. This statement of undisputed facts is a broad outline of only parts of the events that have transpired. These numerous violations and crimes that have occurred have been expose, established and undisputed through four years of court records, sworn testimony, discovery, future briefs and affidavits, verifying every statement in this Complaint. The Gastons have court records, tapes, audio, video and discovery and are asking the assistance of the Federal Freedom Of Information Act to obtain the rest of the records necessary for their defense.
11.
On March 20, 1996, Melissa Ann Gaston, biological daughter of Wilbur Russell Gaston, was wrongfully removed from his custody and care against his wishes by Defendant GARY ROBERTSON, a Silverton Police Officer. Defendant Officer ROBERTSON testified that he did this acting under his "own authority" without warrant and outside of his jurisdiction conducting his “own” investigation. Defendant Officer Robertson acted in conspiracy with the manager of the apartment complex where Mr. Gaston and his daughter resided in Silverton. The apartment manager, Defendant SHIRLEY BAEZ was known to be involved with a black market adoption ring being run out of the Defendant SOSCF offices. Defendant Mrs. Baez was arrested in Mexico in August 1996 while attempting to buy a child. There have also been reports in Silverton of two other incidents of Defendant SHIRLEY BAEZ and other cohorts attempting to buy children. These crimes: FALSE ARREST, IMPRISONMENT, KIDNAPPING, and INITIATING A FALSE REPORT, were perpetrated by Defendants SHIRLEY BAEZ and GARY ROBERTSON, who conspired for the purpose of impeding, hindering, and defeating the due course of justice, with intent to deny to Melissa the equal protection of the laws; CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS, USC 42, 1985; CONSPIRACY AGAINST RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18, SEC 242; KIDNAPPING, USC 18, SEC 1201.
12.
In a shelter hearing on March 21, 1996, the Defendant SOSCF took wardship of Melissa and a fraudulent order was issued by Defendant judge TERRY LEGGERT stating that "all reasonable effort was made to prevent placement of said child" when in fact no effort was made. The Gastons cannot find record of a petition being entered at all until August, 1997, when an original petition was entered dated March 21, 1996. Mr. Gaston received one visit with his daughter Melissa and then all visitation was ended. All attempts to iind remedy, grievance process or due process of Law have been non—existent. Throughout the summer of 1996, Gaston was not allowed to present his defense. On July 11, 1996, the state presented part of its case in Defendant judge GREG WEST 's chambers. Mr. Gaston was not allowed to be present. In this star chamber conference Mr. Gaston's daughter, Melissa Gaston testified. She reasserted what she had said in all previous interviews; that her father had never abused her, only took good care of her, that she loved him and she wanted to come home. These crimes: FRAUD and, JUDICIAL ORDERS THAT CREATE A DISPUTABLE PRESUMPTION were perpetrated against Melissa by Defendants judge TERRY LEGGERT and judge GREG WEST for the purpose of conspiring to impede, hinder, and defeat the due course of justice, with intent to deny to Melissa the equal protection of the laws; CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS, USC 42, 1985; CONSPIRACY AGAINT RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18,SEC 242.
“Father enjoys the right to associate with his children which is guaranteed by this amendment (First) as incorporated in Amendment 14, or which is embodied in the concept of "liberty" as that word is used in the Due Process Clause of the 14th Amendment and Equal Protection Clause of the 14th Amendment. Mabra v. Schmidt, 356 F Supp 620; DC, WI (I 973).”
13.
On November 5, 1996 a hearing was held in which Mr. Gaston was able to call witnesses. In this hearing the primary witness for the state, Judy Strom, admitted she had lied when she had alleged that Mr. Gaston had inappropriately touched his daughter. The petition alleging abuse was dismissed. Melissa Gaston should have been returned to her father that day, but instead a new petition was created by Defendants attorney RICHARD CONDON, attorney JEANEAN WEST—CRAIG and Defendant Dep. District Attorney WILLIAM HOWELL stating that Melissa should remain in foster care "due to her emotional needs". These emotional needs, referred to, were created by the abuse she suffered in foster care and in the trauma of being wrongfully removed from her father. The Defendant SOSCF admitted in sworn testimony that Melissa has been in at least fifteen foster homes, that she has been sexually abused in three of these home, burned in one, kicked in one and pornography made of her in another. All of these crimes have been ongoing, and many of these crimes were perpetrated against Melissa within the last year. All of these crimes against Melissa were known to the Defendant SOSCF to have occurred, have gone without investigation by Defendant SOSCF, and all have been met without any action taken against any foster parents by Defendant SOSCF; NEGLEC'I` TO PREVENT, USC 42, 1986; CONSPIRACY AGAINST RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18, SEC 242.
14.
On October 2, 1996,in response to Defendant LARRY LAWSON’s request, Defendant foster mother HAZEL SPEES made a pornographic video of Melissa. Defendant HAZEL SPEES encouraged Melissa to take off her cloths, dance naked and masturbate while Defendant HAZEL SPEES video taped her. This criminal behavior, SEXUAL EXPLOITATION OF CHILDREN, USC 18, SEC. 2251, SEXUAL ABUSE IN THE FIRST DEGREE, USING A CHILD IN THE DISPLAY OF SEXUALLY EXPLICIT CONDUCT, ENCOURAGING CHILD SEX ABUSE IN THE FIRST DEGREE, FAILURE TO REPORT CHILD ABUSE, USC 18, SEC. 2258, AND PROMOTING A MINOR IN AN OBSCENE PERFORMANCE perpetrated by Defendant HAZEL SPEES and Defendant LARRY LAWSON in an attempt to manufacture evidence against Mr. Gaston and allow the state to prevail in their attempt to justify the illegal taking and keeping of Melissa in foster care. This videotape was sealed by Defendant judge JOSEPH OCHOA on the motion from Defendant Deputy District Attorney WILLIAM HOWELL, and Defendant indigent defense attorney JEANEAN WEST- CRAIG on October 30,1996. This was done six days prior to the upcoming November sth hearing in an attempt to hide all knowledge of the pornographic video, because upon seeing the video the Defendants HAZEL SPEES, LARRY LAWSON, Deputy District Attorney WILLIAM HOWELL, attorney JEANEAN WEST-CRAIG, and judge JOSEPH OCHOA knew that it was pornographic, and a criminal act against Melissa. These Defendants: HAZEL SPEES, LARRY LAWSON, Deputy District Attorney WILLIAM HOWELL, attorney JEANEAN WEST-CRAIG, and judge JOSEPH OCHOA conspired for the purpose of impeding, hindering, and defeating the due course of justice, with intent to deny to Melissa the equal protection of the laws, this in violation of; CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS, USC 42, 1985; CONSPIRACY AGAINST RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18, SEC 242; TAMPERING WITH A WITNESS, VICTIM OR AN INFORMANT, USC 18, SEC 1512; OBSTRUCTION OF A PROCEEDING BEFORE DEPARTMENTS, AGENIES, AND COMMITTEES, USC 18, SEC 1505; CONCEALMENT, REMOVAL, OR MUTILATION, USC 18, SEC 2071.
15.
After the November 5th , 1996 hearing before Defendant judge GREG WEST, Mr. Gaston complied with a SOSCF service contract after WEST told him to get a mental health exam as Gaston cried for the judge to return his daughter after dismissing the fraudulent petition alleging “innapropriate contact" . The psychiatrist, Dr. Sweet, in his report to the court stated that Mr. Gaston was justified in, "believing that there is a conspiracy afoot to kidnap his daughter and sell her in the black market" and recommended that Mr. Gaston and his daughter be reunited. No hearing was forthcoming. In February 1997 Mr. Gaston had a Citizen Review Hearing (CRB), this hearing resulted in the recommendation that Mr. Gaston and his daughter be reunited on March 1st, 1997. This did not happen. On March 18, 1997 a hearing took place in a back room, of Defendant judge GREG WES'l"s court. This hearing took place off the record and Mr. Gaston was not allowed to attend this hearing. Mr. Gaston was told by his attorney, Defendant JEANEAN WEST—CRAIG that his visitations with Melissa had been terminated. At this time visitation was indeed ended, however, no court order was ever signed, entered, or produced, even at the request of Oregon State Senator Marylin Shannon.
The court record reflects:
8/27/97 a petition for SOSCF to have custody of Melissa was entered into the court record.
8/28/97 an order was entered into the court record to place Melissa in foster care.
9/08/97 an order dated 11/ 06/ 96 signed by Defendant judge GREG WEST was entered into the court record.
Melissa was taken from Mr. Gaston on March 20th 1996. The court record shows that the court was without: jurisdiction, petition, or signed order for 17 months.
17.
These criminal actions by Defendants: JEANEAN WEST-CRAIG, and judge GREG WEST deprived Mr.Gaston his First, 5. 9, and 14 amendment Constitutional rights, and violated; DEPRIVATION OF CIVIL RIGHTS, USC 42, 1983; CONSPIRACY AGAINT RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18, SEC 242; THEFT OR ALTERATION OF RECORD OR PROCESS, USC
18, SEC 1506.
The Due Process Clause of the Fourteenth Amendment requires that severance in the parent·child relationship caused by the state can occur only with rigorous protections for individual liberty interests at stake. Bell v. City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984).
Law and court procedures that are "fair on their faces" but administered with an evil eye or a heavy hand" was discriminatory and violates the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, II 8 US 3 56, (1886).
Plaintiffs stand on the Constitutional Judicial Process provided and guaranteed by the Fifth Amendment, and the Original Oregon Constitution, which is in force and the Law in Oregon. Plaintiffs demand Judicial Due Process where all are equal, public servants and officials the same, prosecuted Equally, not “equal process" of the Fourteenth Amendment, nor the Supplanted Article VII of the Oregon Constitution that strips Inherent Sovereign State Citizens Rights.)
18.
On August 26th, 1997, a six month review hearing was held before Defendant judge TERRY LEGGERT. At this time Mr. Gaston had not seen his daughter since his one visit six month previous. Mr. Gaston appeared sui. juris, and established on the court record all illegal activities mentioned above, not yet knowing about the pornography that had been made a year before. After this hearing August 26th, 1997, the court record shows a petition dated March 21,1996 was entered alleging “innapropriate touching”, an order allowing SOSCF custody was entered and an order from the November 5, 1996 hearing dismissing “innapropriate touching” allegations was also entered at this time. When the Gastons brought out in court that these petitions were dated from a year before, Dep. DA William Howell coerced and sexually abused Melissa’s half sister, Amanda Maxwell; witness tampering for statements to write a new petition. In October, 1997, DA Howell told Gastons attorney (at the time) John Jensen that “he had tried to settle this out of court, but Mr. Gaston would not accept, so here” as he handed the judge a new petition alleging “innapropriate touching” of Amanda. This child has also been sexually abused in foster care, according to discovery, in the “care" of SOSCF since 1991, under a petition brought by DA Howell. She is now in sex offender treatment status with the SOSCF, another child destroyed in foster home incarceration for years and now in an institution. Amanda stated in court that the first time she made statements against Mr. Gaston was “after the cop came to see me last October” In this interview, Amanda does not know Mr. Gastons name nor can she identify him or describe him. DA Howell has sexually abused both children to coerce statements in and effort to justify holding Melissa for almost three years now with no credible evidence.
19.
In December 1997, Mr. And Mrs. Gaston were charged by Defendant foster mother HAZEL SPEES and Defendant Officer GARY ROBERTSON with stalking and defamation. This charge was brought against the Gastons because they published the Defendant HAZEL SPEES' journal about the pornographic video and criminal activities of state employees in Gaston's newspaper A Voice For Children. This journal was discovered after the Gastons filed a Freedom of Information Request and received the evidence of these crimes from the Attorney General's Office. Mr. Gaston was arrested twice and falsely imprisoned on fraudulent orders related to the use of a stalking ordinance against a newspaper in an effort to silence public knowledge of Melissa's abuse by the state.
20.
In April 1998 in a five day trial, all issues came to light and the Gastons used their Racketeering Complaint, filed in January, 1998, as an affirmative defense. The judge, Duane Ertsgaard, instructed the jury that the only way they could find the Gaston's not guilty of violating the stalking orders and other judges orders to restrict their speaking of their abuse was if, by preponderance, they believed from the evidence presented that JUDGES as well as attorneys, caseworkers, police, sheriffs, district attorneys, foster parents and counselors were conspiring and retaliating against the Gastons to violate their right of due process and inviolate constitutional rights to be protected from state abuse of their family. The jury returned "not guilty" verdicts six times, establishing on the record the existence of conspiracy and racketeering by herein named defendants. At this time, judge Ertsgaard ordered that all warrants be vacated pertaining to the Gastons and these issues, yet District Attorney Dale Penn and presiding Defendant judge Paul Lipscomb have stated on the record in sworn testimony that the restraining orders are still in effect and that there will be no hearing to dismiss them.
21.
Two days after the Gastons were found not guilty by the jury their house was surrounded by more than fifteen state officers, attacked by an armed “community policing team”, an interagency seige led by Mt.Angel Police interim Chief Ralph DeFrancisco and other , police officers, sheriffs and SOSCF agents. These agents attacked without probable cause or evidence, or lawfull warrant, and had no knowledge of lawfull authority to attack Plaintiffs home and family. Acting on a fraudulent and malicious petition filed by Defendant Dep. District attorney WILLIAM HOWELL, Defendant judge JOSEPH GUIMOND ordered that Mrs. Gaston be arrested for failure to protect her minor son, and that her son be taken into the custody of SOSCF, even though it had been known for a year and a half that Mr. Gaston, Mrs. Gaston and her son had been living together as a family. Defendant OSCAR HERRERA, and various police agencies surrounded the Gaston's residence. This was done in retaliation against the Gastons because of their favorable jury verdict. Pamela Gastons son, Kevin, has been emotionally damaged and his rights to safety and security in his home have been extremely violated by this attempt. Kevin Meziere has ever since been living out of his home, and the court refuses to set a hearing, now nine months later, to dismiss or show cause to allow Kevin to return home to live with his family.
22.
Two days later, after the Gaston home siege, Defendant sheriff DAVE MCMULLEN attacked, maced and arrested Pamela Gaston for walking into the Marion County Courthouse. Defendant judge LIPSCOMB stated in court and on the record that on his own authority Pamela Gaston had been permanently banned from the courthouse without charges or hearing or lawful order. Pamela Gaston has been sentenced to false imprisonment on this fraudulent order created by Lipscomb, spent seven days in jail and is requesting immediate injunctory relief from this illegal sentencing. The above violations being: RETALIATION AGAINST A WITNESS, VICI` IM, OR AN INFORMANT, USC 18, SEC 1213.
23.
In the course of this attempt to find due process of Law and any grievance procedure, the Gastons have appealed to all authorities in the State of Oregon who are responsible to protect innocent citizens and their human and Constitutional rights. The Gastons have been for two years assisted by Senator Marilyn Shannon, Legislator Patti Milne, and Senator Gary George, who agree our rights are being violated in the justice system and have tried, but have been unsuccessful at intervening in the Gastons behalf or to bring accountability from the Defendants. On March 16,1998, Silverton Police Chief Rick Lewis sent the Gastons case to the Justice Department asking for investigation and looking for jurisdiction for prosecution because many of his officers are named in the original complaint and the Defendant HAZEL SPEES residing in his district. There was and has been no response from Attorney General Hardy Meyers to Chief Lewis' request that he investigate this matter. The administrators, by their refusal to admit or acknowledge the existence of any wrongdoing or problems within the agency, have made it apparent that they are incapable of policing their own employees and are j ustifying and supporting the employees illegal actions and retaliating against parents who stand up demanding their due process and that the policies of the Defendant SOSCF be enforced.
24.
The Gastons have been for three years, along with many other families, appearing before the Senate Government Oversight Committee in an effort to stop Defendant SOSCF from the destruction this agency and its agents are enacting upon Oregon children and families. In July, 1997, the Gastons formed an organization called A Voice For Children in response to the hundreds of families and children being victimized by the unconstitutional rules and policies of Defendant SOSCF. On April 28,1998 and again on June 23,1998, the Supreme Court was served with Writs of Mandamus signed Ex Rel by citizens who have been watching the abuse of the Gastons family escalate and no due process in hearing after hearing. . With complete indifference and contempt for innocent citizens, Defendant Chief Justice WALLACE CARSON dismissed both Writs without hearing.
25.
As the families have been testifying to the Government Oversight Committee, and the Committee has been investigating their cases, it is now public knowledge that for the last ten years, even with legislative changes to address these ongoing problems, nothing has been effective in controlling the state employees as the courts are upholding this criminal behavior with the consent and full knowledge of Defendant acting governor JOHN KITZHABER Defendant JOHN KITZHABER is responsible for implementing the legislative changes and has deliberately ignored the mandates of the legislature and has refused to implement policy changes or to act in the best interest of families. Instead, Defendant JOHN KITZHABER has supported the unconstitutional invasion by Defendant SOSCF. All the while stripping the citizens of their parental rights and by his actions encouraging the Defendant SOSCF to act out of its jurisdiction becoming a police enforcement agency, having no lawful authority, removing children without parental consent and using compelled contracts and services in lieu of returning the children. All of these crimes against the Gaston family were known to the Defendant Chief Justice WALLAC E CARSON, Defendant JOHN KITZHABER, and Defendant WALLACE CARSON to have oocrtn·red and have gone without investigation and all have been met without any action taken against any defendants by Defendant Chief Justice WALLACE CARSON, Defendant JOHN KITZHABER or Defendant WALLACE CARSON; NEGLEC’I` TO PREVENT, USC 42, 1986; CONSPIRACY AGAINT RIGHTS, USC 18, SEC 241; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, USC 18, SEC 242.
26.
The ongoing retaliation against the Gastons is escalating and all authorities in position to protect innocent citizens refuse to intervene. The Gastons have had their lives threatened, already have been falsely imprisoned and face further imprisonment. Melissa Gaston has been severely tortured and abused, both physically and has suffered permanent emotional damage in the "care" of Defendant SOSCF and its agents. Pamela Gastons son, Kevin John Meziere has suffered great emotional harm from this ongoing abuse and has not been able to live in his home since the April siege on their residence by police and SOSCF. The Gastons have been relentlessly attacked, tresspassed upon, cited and fined without law or crime committed, and their privacy violated by the City of Mt. Angel. Gastons petitioned the Mt.Angel City Council, as well as the Mt. Angel Police Dept., to cease and desist from trespassing on Plaintiffs property, which Mt. Angel refused to respect, and ongoing until present continues to attack, fine, cite, harass and violate Plaintiffs rights in their home in Mt. Angel, refusing to protect Plaintiffs, and in fact, stripping Plaintiffs of all protection. The City of Mt.Angel has engaged in attacking, arresting without warrants, unlawfully seizing and restriciting the rights of Plaintiffs. Mt.Angel City Council has upheld the fraud and unconstitutional violations of Plaintiffs rights, and is enforcing unlawfull rulemaking on all Citizens who live in Mt. Angel, and travel through Mt. Angel. Mt. Angel is operating unconstitutional courts where the City profits from the extortion of individuals who have committed no crime. Plaintiffs pray that somewhere there is justice in the state of Oregon, and all that the Gastons have experienced have forced them to this point to necessitate Federal intervention as there has been no remedy at any state level, including the Supreme Court. Plaintiffs pray for IMMEDIATE INJUNCTORY RELIEF, an IMMEDIATE RESTRAINING ORDER AGAINST ALL DEFENDANT S TO HALT THE ONGOING RETALIATION BEFORE FURTHER ABUSE OCCURS and an expedited hearing in this matter. PLAINTIFFS HAVE ALREADY HAD THEIR LIVES THREATENED AND ARE ACTIVELLY BEING A'I'IACKED IN THE WAR BROUGHT AGAINST THEM BY MULTI AGENCY STATE OF OREGON M D MT. ANGEL GOVERNMENT. PLAINTIFFS FEAR FOR THEIR LIVES AND THE SAFETY OF THEIR CHILDREN, IN PARTICULAR MELISSA GASTON, WHOSE WHEREABOUTS AND STATE OF WELL BEING IS BEING BLOCKED AND CANNOT BE DETERMINED. PLAINTIFFS ARE PREVENTED FROM PROTECTING THEMSELVES, THEIR FAMILY AND THEIR PROPERTY.
27.
Mr. Gaston has never been charged with any crime against his daughter, or any other children. There are no charges pending against Mr. Gaston. SOSCF has asserted in their paperwork in 1996 that no charges were going to be or ever will be brought against him. Mr. Gaston has the right to raise his family without undue governmental interference. It is public record and jury verdict now that the judges and agents of the state are violating the Law. Damages do not resolve the ongoing abuse the Gastons have suffered. There must come investigation and prosecution of the criminals named in this Complaint, as the Gastons can never recover from this abuse or be secure in their home and on their person, or even a feeling of security be realized until other agents and officers know they cannot get away with this kind of abuse of innocent citizens or continue to find new ways to keep up the retaliation into the future against the Gastons or any future Gaston children. Even if policies are changed and no prosecution takes place it sets a precedent that the state will cover for the crimes of state employees and the Gastons rights are not truly protected until those who violate them are punished and held PERSONALLY ACCOUNTABLE. Mr Gaston has never had the right to an assumption of innocence, and has never had equal protection of the law.
"Parent's interest in custody of her children is a liberty interest which has received considerable constitutional protection; a parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection, In the Interest of Cooper, 621 P 2d 437; 5 Kansas App Div 2d 584, (1980).
WHEREFORE, WILBUR RUSSELL GASTON and PAMELA K GASTON Pray for relief as follows:
l. An order immediately terminating Melissa Gaston (Maxwell/ Philips) status as a ward of the court and awarding sole custody of her to plaintiff Wilbur R. Gaston, father, PERMANENTLY, reconfirming the termination of parental rights from l991 of Connie Maxwell for sexual abuse and neglect of six children, including Melissa.
2. Dismissal of all warrants, petitions and restraining orders relating to the Gaston Family and Melissa Gaston and Pamela Gaston's son, Kevin Meziere.
3 General Damages in the amount of $100,000,000.00.
4 Special Damages in the amount of $13,000.00.
5 Treble Damages pursuant to ORS 165.725 (7) in the amount of $300,039,000.00.
6 Court costs and all reasonable attorney fees at trial and in the appellate courts, together with all costs of investigation and litigation reasonably incurred by Plaintiff herein, pursuant to ORS 166.725 (7)(a).
7. Punitive Damages pursuant to ORS 166.725 in the amount of $100,000,000.00.
I have hereupon set my hand this 30 day of October, in the year of our Lord, Two thousand.
Wilbur Russell Gaston, Sui Juris
Pamela K Gaston (Meziere) Sui Juris
--------------------------------------------------------------------------------
CERTIFICATE OF SERVICE
I HEREBY Certify that on October 30, 2000, I filed AMENDED COMPLAINT FOR RACKETEERING
on the following parties, by hand/ certified mail delivery:
Clerk · Marion County Courthouse
All STATE OF OREGON elected officials, administrators, agents and subcontractors:
Represented by Michael Reynolds, Oregon Solicitor General
Justice Dept. Office
1132 Court St., Salem, Oregon 97310
(who is representing all of the STATE OF OREGON employees and members of the court. At this time in the Court of Appeals, there are many cases involving Appellants and the representatives of the defendants have changed many times. In 1999 the Solicitor General wrote to Appellants to request that all legal papers for STATE OR OREGON defendants and members of the court, executive and judiciary be sent to him, at the Justice Dept. Appellant must be advised of current status of any other representatives who can then be served.)
Parties will be served individually, by hand and US mail, Plaintiffs will file completed service with the court within the next 14 days.
Wilbur Russell Gaston, Sui Juris
Pamela K Gaston, Sui Juris
Appendix D
Sample Tort Claim Notice
Your Name
Your Address
Your Telephone #
Notice of Tort Claim
DATE
TO: _____________________________(Name of Party being served)
RE: Pending Legal Action, in the Case of (the Title of your lawsuit)
You are hereby notified that you are named as a defendant in the above titled imminent legal action. Pursuant to (use your state rule number for tort claim).
This notice is filed timely on all Parties, and the Complaint shall be served on all Parties when it is filed into Court.
Sign
____________________________________
Print Name, Sui Juris
CC: List the Parties to whom a copy is being sent
(Note: Be sure to keep a copy for yourself of every document — you will need to show the court later that you did serve a notice of Tort Claim)
(Note: This is also a good place to insert a few incriminating facts if you want to - not necessary, but you can insert a paragraph #2 that states a few of the reasons
the Party is named as a defendant — see our Notice of Tort Claim from our Records)
Appendix E
Tort Claim Notice from our Records
Wilbur Russell Gaston, Sui Juris
Pamela K Meziere, Sui Juris
PO Box 132
Mt. Angel, Oregon [97362]
TORT CLAIM NOTICE
To: judge Donald Dickey, Marion County Circuit Court
Re: Complaint for Racketeering and Deprivation of Rights,
Gaston V SOSCF, et al.
TORT CLAIM NOTICE IS HEREBY GIVEN TO YOU, pursuant to ORS 30.275 and ORS 30.278 for wrongfull acts against our Family Body, as cohort, aiding and abetting, an ongoing CONSPIRACY to KIDNAP, PROCURE, BUY, SELL AND EXPLOIT FOR PROFIT, CHILDREN. Charges will be filed in the Circuit Court and you will soon be served with a copy of the Complaint describing your criminal behavior and that of your co—conspirators.
December 12, 1997
Wilbur Russell Gaston, Sui Juris
Pamela K Meziere, Sui Juris
CC: List of Names of defendants from Racketeering Complaint
Appendix F
Sample Motion for Summary Judgment
(Look up the number in your state for the Rule of Summary Judgment, in Oregon it is Rule 47. Notice the "time of filing" usually 20 — 30 days from the date of the final process serve of your Complaint.)
TITLE OF COURT
Your Name — Plaintiff ) Case No
V )
Respondents Name — Defendants ) MOTION FOR SUMMARY
(Title of Case same as on your Complaint ) JUDGMENT AND AFFIDAVITS
) Oral Hearing Demanded
)
COMES NOW, (Your Name), Sui Juris, Plaintiff, and move the Court for an order of Summary Judgment in the above named case. Attached are supporting affidavits outlining relevant facts in this case and undisputed Court Records.
Plaintiff demands Oral Hearing in this matter.
DATE
sign
_______________________________
Print Name, Sui Juris
(See example of our Motion. This is where you set forth the facts of your case and attach relevant exhibits, numbering the exhibits A, B,C, (A—1, A—2, A—3 for multiple page exhibits) This can be 200 pages if is needs to be, or can be three pages, depending on the relevant information you need to put in the Record. The Responding Party must set forth factual dispute to your affidavit and facts, DENIAL IS NOT ENOUGH. They must set forth this dispute in affidavits, stating facts, with supporting documents, just as you have done. When you do not have a lot of your documents, and the courts are denying your Discovery, you can write that into your Motion, naming the Records that you DO NOT have, and that the courts are withholding "Records necessary to my defense at trial" · and concealing evidence.)
Appendix G
Summary Judgment Motion from our Records
Wilbur Russell Gaston
Pamela K Gaston
PO Box I32
Mt. Angel, Oregon [97362]
503-845-6734
IN THE US DISTRICT COURT FOR THE DISTRICT OF OREGON
Wilbur Russell Gaston, Sui Juris ) Case No. O0-I I93-KI—I-IA
Pamela K Gaston, Sui Juris )
Plaintiffs/Aggrieved Parties ) DEMAND FOR SUMMARY
V ) JUDGMENT OF UNDISPUTED FACTS
)
CITY OF MT. ANGEL, ROBERTA )
HUDDLESTON, JANICE ZYRANOFF, ) OPPOSITION TO MT.ANGEL MOTION
MICHAEL CONRAD, JAMES BAND, ) FOR SUMMARY JUDGMENT
LOUIS GROSS, JEFF CHARPILLOZ, )
Et al., ongoing ) EVIDENCE OF NEW CRIMES
Defendants/Persecutors )
) ORAL ARGUMENT DEMANDED IN
) CONSTITUTIONAL COURT OF
) JUDICIAL DUE PROCESS, EXCLUDING
) ADMINISTRATIVE, MARITIME OR
) MARTIAL LAW J URISDIC TIONS
_______________________________________ )
COMES NOW, Wilbur Russell Gaston. Sui Juris. and Pamela K Gaston, Sui Juris, Sovereign Natural Persons and Citizens of the state of Oregon and DEMAND ORAL HEARING FOR SUMMARY JUDGMENT OF UNDISPUTED FACTS.
Affidavits are attached that produce EVIDENCE OF NEW CRIMES, ongoing, against Plaintiffs/Aggrieved Parties by Defendant Persecutors. Plaintiffs/Aggrieved Parties RESERVE ALL RIGHTS Without Prejudice, and DEMAND THAT THIS CASE IS HEARD IN A COURT OF CONSTITUTIONAL JUDICIAL DUE PROCESS according to the Law of the Republic of Oregon, as guaranteed inviolate by the Oregon and US Constitutions. Plaintiffs are Sui Juris before the court, Free, Natural Persons, Citizens of the Republic of Oregon and are not "United STATES" Citizens under the l4th Amendment.
Included in this Petition are sworn affidavits, from related case numbers, which together with the facts stated in Plaintiffs Complaint, set forth the facts that have been affirmed, entered and confirmed court evidence, undisputed in previous hearings in this case. These documents will be referred to, and describe in depth the undisputed facts of the case and the related larger cases of which this lawsuit is part. The affidavits are evidence of the deception and fraud being used in an attempt by Mt Angel defendants to legitimize their unlawful] acts, "color" a fabricated spin of the facts, and to commit fraud by omission, intentionally and criminally omitting relevant facts that are incriminating to themselves, yet are undisputed court records. Without exception, defendant Mt Angel excuses themselves for countless violations of Plaintiff's/Aggreived Parties rights, without bearing any standard of accotntability for said violations.
All statements are swom, truthfull testimony, before God, as stated.
1 The underlying nexus of this case, and related cases is an ongoing criminal enterprise of RACKETEERING and CONSPIRACY. The originating facts were heard in the court of judge Duane Ertsgaard on April 6-10, 1998. The following is a transcript of the instructions of judge Ertsgaard to the at the culmination of that 5 day trial. This transcript has been entered into many court records, and was entered in to Record in the court of judge Milnes on December l1, 2000, in related case number 00Cl 891 1.
Transcript of Jury Instructions of Judge Duane Ertsgaard
STATE OF OREGON VS Wilbur Russell Gaston and Pamela K Meziere (Gaston)
Trial by Jury April 6 - April 10, 1998
Marion County Courthouse Case Nos. 98C41400 & 01, 98C42068 & 69, 98C42299
( Criminal stalking violations for writing a newspaper and printing the confession of foster mother Hazel Spees [who made a pornographic video of Gastons daughter] and contempt for refusing to get mental health exams)
Judge Ertsgaard:
"The defendants have raised the contention that the stalking protective orders and the restraining orders that have been entered in these cases and that they are accused of having violated are invalid because they were entered as a result of a conspiracy and false, fraudulent evidence involving agencies. police, witnesses and judges.
"The general rule, first of all, is, that court orders are presumed to be regular and correct and are valid and enforceable, until they are appealed to a higher court and modified or reversed by some order of that higher court and until that happens those court orders that are presumitively valid can be enforced and people who violate them can be punished.
"Having said that, getting back to this defense, this, this claim of conspiracy by the defendants is what’s called an affirmative defense and that means they have the burden of proving the facts claimed That burden of proof is by the preponderance of the evidence, as compared to the burden on the state beyond a reasonable doubt. The defendants have the burden of proving anything they have raised affirmatively in that regard " Preponderance of the evidence means the greater weight of the evidence; sometimes they use the term ‘it is that evidence when weighed to that opposed to it has more convincing force and is more probably true and accurate ’. Another way of defining, that is to say, that preponderance means it ’s more likely than not, in this case, that the conspiracy existed as claimed and that that conspiracy resulted in the orders in question.
"If you find that the evidence proves such a conspiracy existed you may conclude that the order resulting therefrom is invalid Now, in that respect you should consider each order and each charge seperately, again, as I indicated
"And if you determine that the order is the result of such a conspiracy and that the order therefore is invalid then you can find the defendants not guilty of violating of that order.
"However, I point out to you, that ye a judge acts within his jurisdiction and authority and he makes a decision based on evidence as that judge sees and evaluates it, the order is valid unless it is appealed and reversed as I told you and it is enforceable, even though that judge may be wrong, or even though witnesses may have lied to that judge during the hearing.
"To be a conspiracy as the defendants claim in this case, the ORDERING JUDGE MUST BE INVOLVED IN THE CONSPIRACY"
(three hours later)
Judge Ertsgaard: ’Are these all unanimous verdicts of the jury?"
Jury Foreman: "Yes. "
Verdict — "We the jury find the defendants NOT GUILTY)"
1. Violation of Protective Stalking Order - Wilbur Gaston -
Communicating with Hazel Spees through another person : NOT GUILTY
Violation of Protective Stalking Order - Pamela Meziere: NOT GUILTY
2. Violation of Protective Stalking Order - Coming into the visual presence of Hazel Spees .· NOT GUILTY
3. Contempt of Court - Wilbur Gaston - Failing to undergo a mental health examination : NOT GUILTY
Contempt of Court · Pamela Meziere — Failing to undergo a mental health examination - NOT GUILTY
4. Contempt of Court - Making Public statements about Hazel Spees - NOT GUILT Y
(Judge Ertsgaard issued an order to vacate all warrants and fraudulent orders on the Gastons originating in this ongoing conspiracy, but this order has been ignored and Paul Lipsomb and Dale Penn refuse to follow the Law and release the Gastons from illegal restrictions that are yet open, keeping the Gastons continually vulnerable to arrest and jail for writing a newspaper and exposing criminal abuse that is happening to Melissa Gaston.)
2. The facts that the jury heard are the same facts that defendant Mt Angel states in their motion "have been previously litigated". The Courts, the STATE OF OREGON and the CITY OF MT ANGEL are intentionally and willfully refusing to prosecute the criminal judges, bar attomeys, officials and agents for their crimes. Outlined in the attached affidavits in detail are the criminal acts of herein named individuals against Plaintiffs/Aggreived Parties, unabated, ongoing and escalating at this time.
3. As stated in the documents, the Mt. Angel defendants DEFAULTED on this case and have no standing to have removed the case hom the Circuit court to the District Court. This was done in order to put the case into the hands of judge HAGGERTY, who has malicoulsy created a pre filing review to block Plaintiffs cases in the District Court, and who is allowing the case be removed in order to dismiss it and allow Mt. Angel to prevail, regardless of facts or credible evidence. As is usual corrupt practice, the courts allow the Mt Angel motion to remove, without law or standing, in order to dismiss against Plaintiffs, yet the same court refuses without exception to allow hearing on Plaintiffs motions and dismisses them without hearing routinely. HAGGERTY is named in the Racketeering for his crimes (see accompanying Recusal, tiled three times now against HAGGERTY). The facts laid out in Plaintiffs documents outline extreme collusion between the City of Mt Angel courts and administration, police and city council; state of Oregon courts, administration, police and agencies, state of Oregon Appeals court and Supreme Court, who have also dismissed all appeals and writs without hearing, and District Court collusion. This case is evidence of the District Courts involvement clandestinely as HAGGERTY acts with malicious intent and extreme bias to destroy Plaintiffs and create estoppel to Redress of Greivances to stop the abuses, ongoing of this family, all named acting in collusion to protect themselves from criminal prosecution and accountability and the state from EXTREME liability.
4. Mt. Angel defendants Motion verifies many of the facts as stated by Plaintiffs, and is evidence of Plaintiffs facts and much of the Motion attests to the same facts as stated and repeatedly undisputed in Plaintiff`s Complaint. It is BLATANLTY obvious to any reasonable person that Defendant Mt Angel HAS NOT disputed any fact, nor can defendant Mt Agnel defend any of their criminal and malicious acts. These facts were undisputed by City Attorney PAUL ELSNER in the court of judge Milnes on December 11, 2000, as outlined in the attached affidavits. More than half of the supporting documents in the Mt Angel Motion are Plaintiffs court Records, while most of the remaining content of the Motion are pages of lists or codes and ordinances, no relevant facts. The motion of the City of Mt Angel is a nullity, falsely sworn and containing many errors and omissions, intentionally, to create a fictitous picture with gaping holes, and at no time has Defendant Mt Agnel EVER borne a burden of proof for their outlaw acts and policies. The fraudulent manufactured facade is slanderous to Plaintiffs and biased toward avoiding liability with intentional disregard of TRUTH, previous COURT RECORDS or ESTABLISHED FACTS or LAW. Most of these omissions are readily discemed, outlined in part as follows.
5. Regarding Defendant Mt. Angels "Concise Statement of undisputed material facts in support .... of Motion for Summary Judgement", the Court Record ALREADY attests, undisputed, the following facts omitted from the Mt Angel “picture”.
6. Paragraph 3 states that "Pamela Meziere-Gastons son was allegedly removed from the home" which is a lie. Defendant Mt Angel OMITS the relevant facts that Mt Angel police, Marion County courts and agencies visciously attacked Plaintiffs home on April 14, 1998, in retaliation days after the jury verdict found the state and agents and courts to be guilty of racketeering and conspiracy. Mt Angel conducted a multi agency raid, surrounding Plaintiffs home and property, in their driveway, in their yard, more than twenty officers and a street filled with marked and unmarked vehicles. Plaintiffs son has ever since lived away from his home by choice of Plaintiffs, for his own safety from the Mt Angel Police and state ongoing WAR being enacted at his home, a WAR that is intensifying at this time in Mt Angel with the venomous attacks of the Mt Angel agents to destroy Plaintiffs. (see "Evidence of New Crimes").
7. The casual references to the horrific abuse that has been suffered and is ongoing against Plaintiff Wilbur Gaston’s daughter is a matter of Public Record for 4 years. The arrogance of the agents of the city and state is unconscionable, with City Council member Mike Donohue stating "Gastons lawsuits are fi·ivolous", and Mayor Tom Bolton supporting publicly a lying Chief of Police, in compromised and completely and activelly involved in the collusion and racketeering to protect themselves against the rights of the people, in perjury of their oath and in violation of the Public Trust. Plaintiffs deal with this same prejudice and elitism by most judges and agents when accountability is demanded. The truth came out in November, 1996, that the child had been kidnapped by people involved in black market child selling, and the state refused to lawfully return the child, as the courts and agents of the state were already covering up criminal abuse of the child by the time the case fell apart in 1996. The facts, established by the jury in 1998, attest that the state of Oregon in October 1996 concealled evidence of pornography made of the child by foster mother Hazel Spees who read her own confession, under oath, to the jury in Ertsgaards court in 1998. No prosecution has yet ensued, even though Spees has been citizens arrested in the courtroom for her crimes. The City of Mt Angel arrogantly omits volumes of facts around this case. Omissions are FRAUD. SILENCE is FRAUD (See Conclusions of Law, attached). Paragraph 3 describes many lawsuits Plaintiffs have filed for injuries and redress, and rightly states that all of Plaintiffs cases are dismissed routinely, with complete indifference to the facts, and the judges and courts committing EXTREME misprison of felony to hear undisputed criminal indictments and refuse to act to prosecute the criminals or protect the innocent abused persons. In fact, the testimony shows the attacks of the courts and agencies have escalated since P1aintiff`s first exposed the criminal element in Oregon courts and agencies in December 1997. Paragraph 3 omits the 18 or more cases Plaintiffs have defended against as DEFENDANTS, all malicious and without crime or lawful probable cause, brought by the state of Oregon to destroy Sui Juris litigants for exposing corruption.
8. Paragraph 4 states that “Tort Claim notices" were not properly served. Plaintiff`s did serve "tort claim n0tice" on the Mt Angel Defendants on April 20, 2000, all defendants fully knowing, and the attorney ROBERT S WAGNER, ESQ, FAILED TO APPEAR WITHIN 30 DAYS. AS A MATTER OF LAW, MT ANGEL DEFENDANTS ARE IN DEFAULT. CITY OF MT ANGEL is a FICTITOUS ENTITY, who has no inherent rights. Plaintiffs are aware of the attorny jargon, "when you have the truth you speak the truth, when you do not have the truth you argue the process", and this is exactly the method routinely used to block Plaintiffs in court - dismiss on procedure and ignore the HUGE CRIME SCENE happening right in &ont of everyone. Plaintiffs are Sui Juris litigants, not to be dismissed without regard to facts on process, nor is it lawful] use process vindictively, nor is "vindictive justice" authorized by the Oregon Constitution. Paragraph 4 also states that named defendants "allegedly" "participated in the collusion" when those "allegations" were undisputed by City Attorney PAUL ELSNER ESQ in the Court of judge Milnes on December 11, 2000.
9. Paragraph 5 states that the 16 foot “alley" next to Plaintiffs home was "designated to the City on January2, 1899. The exhibit offered shows a Mathias Buthalas statement wherein Buthalas determines the “the streets running through said addition as indicated upon said annexed plat are hereby dedicated to the use of the public forever." The statement says "streets" not alleys, and the "antiquated alleyways", set up before cars were in existence and Mt Angel roads were dirt paths, have been vacated thoughout many Mt Angel neighborhoods. The custom and long term grandfathered in use of this property has been a private driveway for more than 20 years, next to P1aintiff`s home. Paragraph 5 states that Plaintiffs have “attempted" to “block the alley with railroad ties, saw horses .... to prevent others from dirivng down the alley”, when in fact Plaintiffs have parked UNMOLESTCED for 20 years in their driveway, as well as neighbors also parking in the driveway adjacent to their properties. In 1998, an insane neighbor, Loius Gross, began stalking and harassing Plaintiffs, driving motorhomes and cars continually through Plaintiffs property. When Plaintiffs petitioned for Redress in 1998 to the Mt Angel City Council, Plaintiffs thought they would be treated with respect and the Council would stop Mr. Gross’ malicious campaign. Instead, the city council acted maliciously, vindictively, without reason, or law, in perjury of their oaths to uphold and protect the constitutional rights of Plaintiffs to be free from criminal abuse and have privacy rights respected in their home. The Council has ever since joined the malicious campaign, along with police and courts, as named in this case and as set forth in the attached affidavits.
10. Paragraph 5 states that in March, 1992, neighbors were informed that it was a city right of way and could not be blocked. Defendant Mt Angel states the enclosed exhibit to be dated 3/22/99, when in fact, the exhibit is dated March 22, 1992. The exhibit is a letter written by previous City Administrator Richard VanOrmen, which was never enforced. Plaintiffs have parked in their driveway through at least 5 city administrators and more than 4 Police chiefs, without citation or problem. The Defendants FAIL to include the petition, signed by 8 families, in 1992, to vacate the "antiquated alleyway" and settle the issue of privacy for all of the homes adjacent to the driveway. The issue had been raised by Mr Gross at that time also, and Gross refused to sign the petition, even removing his wife’s name from the petition. At the time Administrator VanNorman wrote the letter, Plaintiffs were told "I hope this shuts Gross up. There are a lot of bad laws in the books, nearly impossible to get rid of so we do not enforce them". Another piece of evidence being concealled by the City of Mt Angel is a letter written by Gross to interim Police Chief Don Newell in 1995. In this letter, Gross is angry about having to pay a water bill when he is in Arizona in the winter, and is angry that City Hall will not make an exception. In the letter, Gross states "Pamela Meziere is a favored person in Mt. Angel, but I don’t think she should be allowed preferential treatment" and Gross asked the Police Chief to make Plaintiff stop parking in their driveway. Chief Newell showed the letter to Plaintiff Pamela Gaston (Meziere) at the time. laughing at the arrogance and insanity of this bitter old man on a malicious campaign. Chief Newell said he was going to ignore the letter, and that Plaintiffs should do the same. Newell repeated VanNormans statements that the many antiquated unimproved "al1eways" in the neighborhoods had been long ago vacated and incorporated back into the yards of their owners. Chief Newell said that the city could not prove any lawful] ownership of the property. Plaintiffs private use of said property and privacy rights issues long affirm that the property is Plaintiffs driveway
11. Paragraphs 11, 12 and 13 set forth facts, as stated in Plaintiffs Complaint, yet again omit key elements, intentionally deceptive, to hide facts incriminating to themselves. The paragraphs describe how the Mt Angel Police Dept cited Plaintiff Wilbur Gaston with a $500.00 citation for weeds in the yard. Defendants motion describes the court records on this case, that "officer Band prosecuted the action against them and allegedly perjured himself" in the "court" of Janice Zyranoff The Motion states "Zyranoff found the plaintiffs guilty, but allegedly did not inform them of their rights of appeal". Defendant Mt Angel is false swearing, documented in the court records, that only Wilbur Gaston was cited, appeared in court , and reversed the guilty finding of judge Zyranoff Defendants affidavit is false and slanderous to Plaintiffs case and to Plaintiff Pamela Gastons reputation. Paragraph 13 relates how "Wilbur Gaston, knowing his appellate rights", filed a Notice of Appeal; Circuit Court judge Graves heard the appeal and "dismissed the citations against plaintiffs", once again falsely swearing that both Wilbur and Pamela Gaston were named in me case. Defendant Mt Angel states "Again, officer Band prosecuted the action on behalf of the City and allegedly perjured himself during that trial”. Defendant Mt Angel confirms the criminal violations of Plaintiffs rights and constitutional Due Process, admitting what the records establish, that officer Band acted without bar license to prosecute ANY hearing or case on behalf of the City of Mt Angel, and that in both the municipal court hearing as well as the Circuit court hearing officer Band lied - perjured himself openly on the record in front of the judge, yet was not prosecuted.
12. Paragraph 14 states that Mt Agnel police chief Conrad met with two officers from the Justice Dept. In March, 2000. Defendants Motion admits this secret meeting, and that Chief Conrad arranged for the meeting to be other than the library as agreed by Plaintiffs. Defendant Mt Angel omits the blatant set up and entrapment attempted at this time, witnessed by two witnesses, by stating "nothing resulted from the meeting". Defendant Mt Angel again slanders Plaintiffs stating that the meeting was about a "threatening letter they sent to the state". This slander is repeated routinely, when the "threat" was Plaintiffs telling criminal public officials that the public is going to get violent if they are abused much longer". The way Defendant Mt Angel uses slanderous language is common in Plaintiffs experience, and Mt Angel has stated in the Silverton Appeal newspaper that Plaintiffs demands to be left alone on their property or they have the rght to defend themselves any way necessary, is “threatining them".
13. Paragraph 15 outlines facts regarding the arrest of Plaintiff Pamela Gaston (Meziere) from her front porch of her home on March 29, 2000. Defendant Mt Angel deceptively omits a huge body of evidence, outlined in Plaintiffs original Complaint before the Court at this time. Briefly, the arresting officers had NO warrant, NO paperwork at all and could not tell Plaintiff why she was being arrested. Pamela Gaston was held for thirteen days without bail, and on April ll, 2000 in the court of judge Moultrie, was released. In that hearing, shackled, Plaintiff Gaston cross examined Ddep DA Sara Snyder and exposed through cross examination that the arresting papers were forgeries and the court was using an unsigned petition as an arresting document, none of which were provided for five days after Plaintiff was incarcerated. The established facts of collusion and criminal, malicious prosecution are completely omitted from Mt Angel’s affidavit.
14. Paragraph 16 states that on June 28, arbitrarily, officer Foulkes arrived to tow away Plaintiffs vehicle from their driveway, and that Plaintiffs moved the vehicle unable to afford towing fees and extortion by city agents and officers. This is yet another example of the arbitrary and vicious nature of the actions of the Mt Angel officers, whereas Plalintiffs have parked for 20 years in their driveway, have continued to park in their driveway, and just at random times police officers arrive and cite and threaten to arrest Plaintiffs. This is the pattern of harassment and abuse, escalating at this time, ever since Plaintiffs petitioned for redress in 1998.
15. In Paragraph 17, Plaintiffs complained about officers on bicycles in the backyards of the neighborhoods and in their driveway and peering into their back yard. Defendant Mt Angel motion accurately describes Chief Conrad as "arrogant, extremely rude and smart ass", as Conrad stated that his policing was more important than Plaintiffs rights, and that he planned to continue his sruveillancing of Plaintiffs home. (This has escalated at this time dangerously).
16. Paragraph 18 describes how again, arbitrarily and without cause, a Mt Angel Police officer arrived on July 7, creating a citation for $500.00 for weeds and for obstructing a right of way for parking in the driveway. Plaintiffs always have continued to park in their driveway. The City has not disputed nor ever been able to defend any of their criminal, arbitrary, malicious and aggressive actions described in airy of the volumes of petitions and court records. The ensuing hearings, collusion, lies and perjury and false sworn affidavits, secret meetings, star chamber “hearings” with no summons or lawfiill process, and "telephone" motions of judge Janice Zyranoff Roberta Huddleston, Michael Conrad, Paul Elsner, judge Paul Lipscomb , judge Gregory Milnes, Mayor Tom Bolton and members of the Mt Angel City Council are outlined in the attached affidavits, in evidence of new crimes. All facts were admitted or undisputed on December 11, 2000, in judge Milnes Court.
EXHIBITS
17 . Exhibit 1 is "Motion and Order of Default and Summary Judgement", filed August 29, 2000, into the Marion County Circuit Court on originating Case Number in this instant case. The Motion outlines that Defendants herein named were in default and had no standing to file the current case in to the Federal Court.
18. Exhibit 2 is "Motion Objecting to Removal of Case", Oral Argument Requested, filed into the District Court on September 8, 2000, in this case. This Motion outlines the default of the Mt Angel Defendants, in fact defendant Louis Gross has NEVER to this day answered or appeared, yet is not prosecuted for contempt and failure to appear. The Motion outlines the complete double standard being applied in ALL of Plaintiff/Aggreived Parties cases — where the Law is not applied nor is Justice upheld, as the actors of the courts act in BAD FAITH in a campaign of retaliation for the courts to win regardless of undisputed criminal indictments against herein named individuals. The Motion also describes the crimes of judge Ancer Haggerty and his collusion and conspiracy in the schemes being enacted, as the jury verdict of Ertsgaard’s Court established as fact in April 1998. The Motion describes Ancer Haggerty’s malicious and vindictive manipulations of the Ninth Circuit Court and the lowe Circuit Courts using an unlawfirll "pre filing review" and "vexatious litigant" finding, as he commits Mispriosn of Felony to refuse to prosecute or investigate on established criminal indictments, or to protect Plaintiffs/Aggreived Parties. Also is described how Mt Angel Attorneys Miller, Wagner and Elsner do not care about the truth or the Law, only billable hours, and is soaking, defrauding and exploiting the City of Mt. Angel taxpayers to make mony on a case that has already been lost and and indictment that is undisputed in court records.
19. Exhibit 3 is “Notice to Dismiss or Show Cause; Evidence of New Crimes; Oral Hearing Demanded”, filed on November 27, 2000,. Containing facts that were entered in the record and undisputed in the Court of judge Milnes, December 1 1, 2000. This Motion outlines: secret hearings, false sworn statements, perjury of officers and judges, malicious prosecutions of Marion County actors for the state and courts, repeated attacks and privacy invasions of Plaintiffs home and property, a campaign of collusion of members of the Attorney Generals office and Hardy Myers collusion and malicious unlawful prosecutions and deprivations of Rights, how defendants filed lawsuits after two years of petitions for redress and being refused all access to a jury or lawfull protection of Constitutionally protected inherent Rights, the lies and orders derived without hearings, citations dismissed and reinstated on private telephone conversations, hearings conducted with no one served and Plaintiffs/Aggreived Parties not present, extreme deprivations of Constitutionally protected Inherent Rights; how judge Paul Lipscomb generated a malicious order in a secret hearing in BAD FAITH and "OUT OF GOOD BEHAVIOR " Beyond the scope of his authority to commit criminal acts from within his official capacity as Marion County Presiding Judge; testimony that was entered in to the Record and undisputed by judge Gregory Milnes on December l 1, 2000.
20. Exhibit 4 is "Notice of Reversal; Order of Dismissal; Finding of Facts and Conclusions of Law". This Motion was entered filed into the court on December 21, 2000. and describes the complete lack of Constituional Due Process in the court of judge Gregory Milnes on December ll, 2000; how with extreme bias and malicious judicial intentions, Milnes allowed a fraudulent injunctory order to lie to force Plaintiffs/Aggreived parties to endure Mt Angel Police harassment and to be stripped of privacy safety and peace of mind, Inherent Rights secured by the Constitutions and the Bill of Rights. The Motion outlines the way the Mt Angel government and state and federal courts are using a foreign jurisdiction against the constitution to allow themselves a color of law "authority" to strip Inherent Rights always in state interest and in the interest of the courts and in this case in the interest of the personal agendas and accountability of undisputed and undefended indicted criminals. The Motion outlines how Police Chief Michael Conrad perjured himself under oath and false sworn an affidavit in the courtroom, yet he fraud of judge Paul Lipscomb and Conrad and the rest of the conspirators was upheld, with Milnes joining the malicious prosecution. The Motion outlines Judge Milnes refusing to state constitutional jurisdiction and intentionally inflicting emotional distress to force Plaintiff`s to be subjected to constant harassment of strangers and police in their home now. The Motion describes the incredible arrogance of judge Milnes after telling Plaintiff on the Record three times that he was going to find for Plaintiffs, and that Plaintiffs private driveway affected no one but Plaintiff`s and concerned no one else, Milnes stated that Plaintiffs "don’t have enough sense to know when a judge is going to find in your favor, and were rude and irrational in your (undisputed) criminal charges against the Defendants, and so I am going to give Mt Angel their order”, in extreme bias and prejudicial malice.
21. Exhibit 4 contains CONCLUSIONS OF LAW, Established Case Law and Constitutional Support for the rights Violations being suffered in the EXTREME by Plaintiffs. The Attorneys for the City of Mt Angel defendants have “removed" the constitutional caselaw from Plaintiffs/Aggreived Parties documents, blatantly depriving Plaintiffs of their Sovereignty and Committing Domestic Violence against the Oregon Constitution and perjuring their oaths to UPHOLD and PROTECT Plaintiffs Inherent Rights in a courtroom in the Republic of Oregon. The included Law is more than sufficient to silence all rhetoric and nullities of Law and outlaw Color of Law that is being used to attack Plaintiffs/Aggreived Parties in this case.
22. Exhibit 5 is "Motion for Quiet Title" filed by Pamela Gaston on December 21, 2000. This motion describes how Gaston/Plaintiff/Aggreived Party has had ongoing private use of her driveway for 20 years and the City never asserted any claim over the property and how outlaw agents for the government are now coveting Gastons property and maliciously attempting to control Plaintiffs in their home, forcing unlawfull invasion of their Rights and Trespassing against Plaintiffs Inherent Rights of Sovereignty. On Janary 16, City Attorney Elsner filed a ORCP 21 Motion against the Quiet Title, waiving oral argument, and stating that now that he got an order from Milnes, it justifies that Plaintiffs do not "get to" use their private property anymore. The City attorney has filed the ORCP 21 to dismiss because he knows he has not disputed and cannot dispute the facts in the case. Plaintiffs have seen the corrupt methods of the collusion of multiple
judge schemes many times, how the Rule 21 and the Summary Judgement are used as set ups against Natural Person defendants/plaintiffs any time the state or government is on the other side, always BLATANTLY to dismiss and prevail against the Citizens. The City attorneys are using an unconstituional, administrative “authority" against free natural persons, a foreign jurisdiction and unlawfull deprivations of Rights of Plaintiffs. What is bom of fraud, is fraud and null and void, and every word and argument of the City of Mt Angel attorneys are a nullity.
23. Exhibit 6 are articles nom the Mt. Angel Bulletin, edited by Wilbur and Pamela Gaston, and distributed widely throughout Mt Angel and Marion County, as well as the global A Voice For Children distribution network. These articles describe the ongoing and extreme situation of Plaintiffs at this time in Mt .Angel, completely stripped of all right of redress or capability short of violence to defend them selves in their home against agents herein named. The articles describe the complete fraud being conducted, the Police running back and forth in Plaintiffs driveway now 5 feet out their windows sometimes ten times a day, maliciously creating extreme and intentional affliction of emotional distress against Plaintiffs, as well as slandering Plaintiffs and creating an slanderous appearance to the neighborhood with a constant police presence without probable cause or right to be there, and by posting signs to restrict Plaintiffs privacy in their home.
The defendants are using the driveway issue to encroach on Plaintiffs Rights, vindictively acting with bias and personal malicious intent. The articles describe many extremely serious agendas of the Mt Angel Police and City Council against the Freedoms of the Citizens in Mt Angel, and that those accountable for such outlaw plolicies and enforcements will be prosecuted to the fullest extent of the Law of the Republic of Oregon.
24. The facts stated herein are truthfull, undisputed court records and Plaintiffs expect and DEMAND that their rights are upheld in a court of Law. Plaintiffs have also filed at this time a Motion for Recusal against judge Ancer Haggerty for his extreme criminal complicity, bias and collusion in this case. Plaintiffs are DEMANDING CONSTITUTIONAL LAW in the governing of the City of Mt Angel, and by Oath, the agents of the government are OBLIGATED to uphold and PROTECT those Inherent Rights of Plaintiffs, and have instead attacked and maliciously created estoppel at every doorway to redress in every court. Countless hearings and trials and repeated jury trials the courts and the city and state defendants slander Plaintiffs, and refuse to include facts that are incriminating to themselves even though these facts are undisputed court records and testimony. Silence if Fraud, as outlined in the Conclusions of Law Exhibit, and this FRAUD SHALL NOT STAND.
The City of Mt. Angel is attempting to enforce global "community policing" agendas with federal money, at the time we have challenged and discredited the statutory color of law being used to destroy the Oregon Constitution and the Republic of Oregon. Plaintiff`s DEMAND AN ANSWER TO THE QUESTION - WHERE IS OUR CONSTITUTIONAL COURT IN THE REPUBLIC OF OREGON? HOW DO CITIZENS FIND THIS COURT AND WHERE DO CITIZENS OBTAIN LAWFULL REDRESS AND EXCERCISE THEIR RIGHT TO BRING FORTH REMEDY ACCORDING TO LAW? WHERE IS THE LAW? WHERE IS THE TRUTH?
THE LIES SHALL NOT STAND
Dated this January 17, 2001
_____________________
Wilbur Russell Gaston, Sui Juris
______________________
Pamela K. Gaston, Sui Juris
Appendix H
Sample Subpoena/Duces Tecum
TITLE OF COURT
Your Name ) Case No.
Plaintiff )
V )
Adverse Party ) Subpoena for Testimony
Defendants ) Subpoena Duces Tecum for
) Production of Discovery
) (Title of Case)
_________________ )
TO: (Name of Party to Appear)
YOU ARE HEREBY SUMMONED TO APPEAR AND TESTIFY in the Courtroom of Judge (Name of judge) on (Date and Time) at (Name of Courthouse). You will be called to Testify/ Produce Records regarding your invo1vement/ adverse Party in the above named case. You will be...
(state any relevant facts about why this person is being called to appear, and state if you are expecting this Party to produce documents — you can name particular Records, also, that you are requesting to be produced.)
DATE
_____________________________
Wilbur Russell Gaston, sui juris
Be sure and keep a copy for yourself - Subpoenas must be served, like an Original Complaint, by someone other than yourself over 18, or a process server (no need to pay a server, a friend can serve your papers for you! You can pay a Sheriff to serve someone, also, for effect if you want - usually Public Servant defendants are more afraid of YOU!)
Appendix I
Subpoena from our Records
IN THE CIRCUIT COURT FOR THE STATE OF OREGON
FOR THE COUNTY OF MARION
In The Matter of: ) Case No. 9lJ074O
STATE OF OREGON )
Represented by JOHN KITZHABER )
Acting Governor ) SUBPOENA FOR
) TESTIMONY
STATE OFFICES FOR SERVICES )
TO CHILDREN AND FAMILIES )
Represented by RAMONA FOLEY ) SUBPOENA DUCES TECUM
Acting Administrator )
)
vs )
)
Wilbur Russell Gaston )
Melissa Ann Gaston )
______________________________ )
TO:
YOU ARE HEREBY SUMMONED TO APPEAR AND TESTIFY in a hearing for Termination of Parental Rights beginning on September 30, 1999, at 9:00 and continuing for seven days, until October 8, 1999, in the Marion County Courthouse. You will be called to testify and answer questions regarding your participation in the above named case, created to keep Melissa Gaston incarcerated as a foster child where she has been severely and criminally abused by the State Offices For Services to Children and Families. You will appear and testify and bring all records, and will not be required to stay the seven days.
YOU ARE REQUIRED TO PRODUCE ALL RECORDS that have been subpoenaed in the DEMAND FOR DISCOVERY already served on all parties, and all questions shall be answered that are before the court. The court is already in default for failing to produce documents necessary to my defense and the defense of my daughter. All discovery and undisclosed evidence shall come to light. The STATE OF OREGON requires that clear and certain evidence is necessary to have jurisdiction to terminate parental rights. The STATE OF OREGON and ITS employees and representatives SHALL no longer conceal evidence essential to an honest proceeding.
ALL WITNESSES SHALL ANSWER QUESTIONS and provide relevant testimony, and shall defend their actions, reports and statements under oath. It is IMPERATIVE that all undisclosed and previously concealed evidence is made public record to determine the extent of the criminal abuse that has occurred to Melissa Gaston.
ALL STATE EMPLOYEES AND BAR MEMBERS being subpoenaed are acting “when they should know better" and thus, according to the Ninth Circuit Court on August 26, 1999, are stripped of “qualiiied immunity” and SHALL BE ACCOUNTABLE. This Circuit Court also held that the Constitutional Rights of children and families SHALL NOT be violated by overzealous prosecutions, and the due process of the Gaston family SHALL be upheld. THE CRIMES OF THESE PUBLIC SERVANTS SHALL BE EXPOSED ONCE AND FOR ALL AND ALL QUESTIONS BEFORE THE COURT SHALL BE ANSWERED.
__________________________
Wilbur Russell Gaston, sui juris
Appendix J
Sample Motion
TITLE OF COURT
Your Name ) Case No.
Defendant or Plaintiff )
(Depending on the case) )
) QUESTION / REQUEST TO
V ) THE COURT
Adverse Party ) Oral Hearing Demanded
Defendant or Plaintiff )
______________________ )
COMES NOW, _______________________(Your Name), Sui Juris, free, Natural Person, All Rights Reserved, Sovereign state Citizen to move the court to:
________________________________________________________ (repeat the Question/ Request in your Title) for the following reasons as set forth below.
AFFIDAVIT
The following statements are sworn testimony, before God, as stated.
1 . Start numbered paragraphs setting forth the facts and the relevant testimony that you need to get in the Record. Be clear, focus on stating facts that the other side cannot dispute. This part can be a few paragraphs or twenty pages long if necessary. It should be concise and set forth whatever has happened to you, in chronological order (they did this, then this, then they did this ...... ) You want the reader to follow the outline. Close your affidavit by repeating the swearing in statement, stating that “aJl statements made herein are factual, truthful testimony before God, as stated”.
DATE
sign Your Name
_______________________________
Print Your Name
(Note: A Motion is a Question before the Court. You are asking the Court to do something for you. The first paragraph sets forth your name, your jurisdiction (sovereign Child of God, Natural Person, Your Inherent Rights Constitutionally protected) , what you want the Court to do, and the reasons why. The affidavit contains the supporting information to provide the reasonable conclusion of the court to move and act as you have requested. Remember · UNDISPUTED TESTIMONY BECOMES FACT in a courtroom. You state incriminating facts they cannot dispute, you win. MAKE THE RECORD in every MOTION and in every hearing. ALL A MOTION HAS TO BE IS REASONABLE TO UNDERSTAND, AND CAN BE WRITTEN BY HAND IF NECESSARY. FIRE THE ATTORNEY AND WRITE YOUR OWN MOTIONS AND APPEALS NOW · USE WHATEVER TITLE FITS, STATE YOUR FACTS, AND INTERVENE IN YOUR CASE. STOP BEING ABUSED.
Appendix K
Motion from our Records
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
HAZEL SPEES ) Case No. 97C-14461
Plaintiff )
V ) MOTION TO DISMISS AND
) VACATE JURY AWARD
Wilbur Russell Gaston, sui juris ) AND AFFIDAVIT
Pamela K Gaston, sui juris )
Defendants )
_________________________ )
MOTION
COMES NOW, Wilbur Russell Gaston, sui juris, and Pamela K Gaston, sui juris, to move the court to DISMISS AND VACATE JURY AWARD in the above named case number 97C-14461.
The court shall VACATE JURY AWARD, for the reasons and evidence as set forth in the attached affidavit. All proceedings enacted in this case after Judge Duane Ertsgaard said to "vacate all wa1rants" related to this fraud, are null and void. the previous jury verdict decision based on the facts and the credible evidence that the order and judgement was based in FRAUD.
The court is in extreme violation of defendants due process to allow a judgement based on deception of a jury, and no facts or defense presented against plaintiff. To proceed is to criminally and knowingly deprive defendants of fundamental rights and liberties as afforded by the constitutions and the Bill of Rights, and all who participate in this SHALL be held personally accountable.
AFFIDAVIT
I Hereby swear before God that all statements are truthful], sworn testimony, as set forth herein.
1. On April I0, 1999, in a jury trial before Judge Duane Ertsgaard, a jury found Plaintiff in this case Hazel Specs to have sexually abused Melissa Gaston and to be involved along with judges, attorneys, district attorneys, caseworkers, other foster parents, police and other state employees in racketeering and conspiracy and sexual abuse of children and malicious fraud. The instructions of Judge Ertsgaard and the verdict is attached. It clearly states that the restraining order, that is the basis of this defamation suit, is one of the criteria on which to base their verdict - and he clearly states that if the judges and others are committing these crimes against the Gaston family that all that has its inception in fraud is invalid and the orders are invalid.
2. The verdict plainly states that Wilbur Gaston and Pamela Gaston are
1. not guilty of making any statements about Hazel Spees publicly,
2. communicating with her or coming into her visual presence and
3. Not guilty for refusing bogus orders for mental health exams, and absolutely never committing any crime in any way. The verdict, after hearing all the facts and the open confessions of Spees and Robertson, establishes the affirmative defense that Hazel Specs and the others, including her attorneys Barbara Diamond and Thomas Doyle, are committing fraud and conspiring with judges Connie Haas, Don Dickey and Pamela Abemethy, directly, and that the very order of Abernethy that judge Lewis used to allow summary judgment was a fraudulent document, manufactured in a scheme to deprive the Gastons of their Constitutional right of a jury trial on the facts and the law, as the constitution requires for due process of Law. The jury in April l998 found that no lawful restraining order ever existed.
3. According to the Constitution, Article 7 states "no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law". The Oregon Constitution, Article 7, Section 3 "...no fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict..."
Judge William Lewis and now Donald Kalberer are depriving Wilbur and Pamela Gaston of their civil rights and constitutional rights by conducting hearings and trials based on the fraudulently manufactured document of Pamela Abemethy that the jury verdict nullified. All of the facts in the case were presented to the jury, including the schemes of the judges maneuvering around the truth to prevail in court and set up the Gastons to deprive their right to a lawfull jury trial on the facts. The jury heard Specs confess to making child pornography and heard hours of the sexual abuse by Specs and SCF caseworkers and police committed against Melissa Gaston. The jury heard the transcript of Abernethy, stating on the record with bias and prejudice how “Mr. Gaston will get a jury trial before a jury of his peers, but will not prevail against Spees”. Attomeys Diamond and Doyle schemed with Abernethy and conspired how to use a summary judgement to head off a trial on the facts, and set up the Gastons , maliciously taking advantage of their sui juris status before the court and that they could not know the court was setting them up. that by allowing Spees summary judgement, the jury would never hear any facts in the case, and the truth would be concealled, protecting the crimes of Spees and the others.
4. In the order of judge Lewis on which judge Kalberer is proceeding, alter stating on the record that "facts are not an issue", found "even though the court does not condone the actions of Spees ..... the defendants are wrong" - so Lewis created a new plea of "wrong"‘? This is absolutely ludicrous, blatantly violating the due process of the Gastons to a fair hearing. The truth is not defamation and is the ultimate defense, and the jury in April l998 heard the criminals Specs and her attorneys and others in their own words and their own documents for five days how they have abused Melissa and have only been concerned with protecting each other all along. Judge Lewis is conspiring with Spees attorneys, meeting in the judges chambers routinely, scheming how to prevail, with complete and utter disregard for the truth or evidence, or the jury verdict, or that the facts have already been tried and cannot be “revisited".
5. The Plaintiff, Hazel Spees, and her attorneys Diamond and Doyle, as well as judge Lewis and others are named in the Federal Complaint CV-’99—23-HA, for their crimes, and this case is no on appeal in the Ninth Circuit court and the United States Supreme Court. Judge Kalberer is named as a potential "et al" defendant, depending on whether he allows a lawfull, unbiased HONEST hearing or signs any orders that allow these named individuals to further enact their retaliation and malicious campaign, thereby aiding and abetting this conspiracy and racketeering. Any judge who does this is creating a vulnerability that renders the Gastons defenseless to the attack against them, creating an illegal post deprivation of rights. All parts of this case have their inception in fraud, and the jury award of July, 1998, wherein the Gastons were forced to leave by judge Kalberer and the jury heard no facts about Spees and others crimes or the previous jury verdict. Based on deception, in a “verdict" based on no facts or defense, the jury awarded Spees $500,000.00 based on absolute lies and omissions of all credible evidence. This award is null and void and there has never been any restraining order on the truth and public court record of Spees admitting her crimes of child pomography and sexual abuse of children along with SCF caseworkers
6. The attorneys of Spees have attempted many set ups, and corrupt judges have upheld these with complete disregard for the truth or the facts or the evidence. They have tried to force the Gastons into courts of unknown jurisdiction without a judge; have tried to force judge Kalberer to sign a judgement to allow them to destroy the Gastons financially for the rest of their lives, when they should be being prosecuted for their crimes. 'l`hey have deceived judges to sign orders with Pamela Gastons name on them without any evidence or authority to do so. They have added Pamela Gastons name to criminal cases without any evidence of any crime committed, nor authority to do so, and without summons to appear have manufactured documents whereby if Pamela Gaston had not appeared anyway, whe would be in contempt and guilty by default. The only credible evidence in this case is the criminal acts and confessions of Spees and the judges determined at all Costs to prevail and win the game they have created to conceal their corruption.
All statements herein are true, before God, as stated, and are completely undisputed in any court for three years, with countless witnesses watching the events unfold and the record of these trials being public knowledge, which will not be silenced.
DATED THIS 27th Day of September, 1999
_______________________
Wilbur Russell Gaston, sui juris
____________________
Pamela K Gaston, sui juris
Appendix L
Sample Notice of Appeal
COURT OF APPEALS FOR THE STATE OF
Your Name ) Case No. #
Appellant )
VS ) NOTICE OF APPEAL
Adverse Party )
Respondent )
_________________ )
1.
The defendant hereby gives notice of appeal from the order/judgment entered in this case on (Date), by Judge the (Name of Courthouse) and the original order from (Date of hearing when order generated, if different from judgment entered later)
2.
The parties to this appeal are:
Appellant Respondent
Your Name Names of Representatives for Respondents
3.
The names, addresses and telephone numbers of the attorneys are:
Your Name, Sui Juris Representatives Names for Respondents
Your Address and Telephone Representatives Names and Addresses (list If necessary)
4.
The appellant designates the record in its entirety, including the trial court file, all exhibits and the record of oral proceedings.
5.
This appeal is timely and otherwise procedurally properly before the Court of Appeals being filed 30 days from the entry of the order.
6.
Attached to this notice of appeals is a copy of the order being appealed, photocopied from the original in the court iile and showing the date stamp or other indications of the date of entry in the trial court register.
7.
I certify that I served a true copy of this Notice of Appeal on ____________________(Date) by US Mail/hand delivery on the following Parties: Clerk, County Courthouse, attached to case tile #_______________ , Clerk, Court of Appeals, Transcript coordinator, c/o County Courthouse, and ______________(named Parties/Representatives).
DATE
Sign Your Name
_____________________________________
Print Your Name, Sui Juris I
(Attach an Indigency Waiver if applicable to this Notice of Appeal when filing)
Appendix M
Appellants Brief from our Records
IN THE COURT OF APPEALS FOR THE STATE OF OREGON
In the Matter of Melissa ) Marion County Circuit Court No. 91J0740
Maxwell, a Minor Child )
Respondent ) CA A105946
V )
Wilbur Russell Gaston ) )
Appellant )
______________________ )
APPELLAN'l`S’ BRIEF
--------------------------------------------------------------------------------
Appeal from the Order of the Circuit Court, judge Jamese Rhoades, presiding
--------------------------------------------------------------------------------
Wilbur Russell Gaston, sui juris
PO Box 132
Mt. Angel, Oregon 97362
Michael Reynolds - Solicitor General
Justice Bldg.
Salem, Oregon 97310
Hardy Myers - Attorney General
Justice Bldg.
Salem, Oregon 97310
TABLE OF CONTENTS
STATEMENT OF JURISDICTION Pg 3
ASSIGNMENTS OF ERROR Pg 4
STATEMENTS OF FACTS Pg 7
ABSTRACTS OF RECORD Pg 15
AFFIDAVIT IN SUPPORT OF FACTS Attached
STATEMENT OF JURISDICTION
This appeal is from an order dated March 3l, 1999 by judge Jamese Rhoades in Marion County Circuit Court. The appeal is timely and properly before the Court of Appeals.
The Appellant is before the court sui juris, and expects his Constitutional Rights to be upheld and that his rights are not deprived nor due process of Law violated.
The Appeal SHALL not be dismissed for lack of form or failure of process.
"And be it further enacted. That no summons, writ, declaration, return, process, judgment, or other proceedings in civil cases in any of the courts or the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of forn in such writ, declaration, or other pleading, returns process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any, time, permit either of the parties to amend any defect in the process of pleadings upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe (a)" Judiciary Act of September 24, l789, Section 342, FIRST CONGRESS, Sess. l, ch. 20, 1789
Due Process provides that the “rights of sui juris litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unlamiliarity with pleading requirements” (Spencer v Doe, l998; Green. v Branson 1997; Boag V McDougall, 19982; Haines V Kerner, 1972
“Right to proceed pro se (sui juris) is fundamental statutory right that is afforded highest
degree of protection" (DEVINE V INDIAN RIVER COUNTY SCHOOL BD., 11TH CIR. 1997
The Gastons are before the court sui juris, and the briefs and motions are written in a manner that "any reasonable person could understand? 'The Gastons are not attornies and do not attempt to bring in caselaw and"conli1sion of legal theories" and expect the court to know the Law and uphold the Law.
ASSIGNMENTS OF ERROR
1. Judge Jamese Rhoades violated Wilbur Gaston’s Constitutional rights and liberties by ordering a compelled contract after a jury has denied the STATE the authority to request a mental exam, by jury verdict. According to the Bill of Rights, Article VII, "no fact tried before a jury shall be other wise re-examined in any Court of the United States, than according to the rules of the Common Law" . A jury in April, 1998, in Judge Duane Ertsgaard’s court, tried Wilbur and Pamela Gaston for refusing mental health compelled contracts, and the jury found that the judges orders were "fraudulently derived” and the Gastons were found not guilty for refusing the orders. All petitions were to be vacated at that time, and the STATE OF OREGON has no Lawfull jurisdiction to "re-examine" any fact that has already been tried and decided by the jury.
2 Judge Jamese Rhoades has attempted to force a compelled contract on Wilbur Gaston with the STATE OF OREGON and it’s employee paid psychiatrist. This contract has been ordered in violation of Wilbur Gastons constitutional rights and liberties to be free from unlawfull state intervention, as the court has no jurisdiction, never having charged Wilbur Gaston with a crime or convicting Wilbur Gaston of any crime.
3. A second judge upheld this order, judge Pred Avera. Avera perjured himself on the record, first telling Wilbur Gaston that he could get his own doctor to give his compelled mental exam, then two minutes later, when forced to make his ruling more clear, snarled "I order you to take a mental health exam by the SOSCF with their doctor and at their appointment". Avera and Rhoades are compromised judges, violating the public trust as tryants and without lawfull jurisdiction are participating and enacting fraud and conspiring against the Gaston family.
4. This compelled contract is stated to be for the espress reason to facilitate adoption of Melissa Gaston, Wilbur Gastons daughter, which in fact is also beyond the jurisdiction of any judge to be holding her captive, using the foster home as incarceration, again, never having charged Wilbur Gaston of any crime or convicting him of any crime.
5. A jury decision in April, l998, established that there is ongoing conspiracy of judges, attorneys, caseworkers, sheriffs, police, district attorneys, foster parents, to conceal evidence of Melissa Gaston being severely abused and destroyed in more than 18 foster homes, and this mental health order is yet another furtherance of this conspiracy, and in fact judge Rhoades is now complicit in these heinous crimes of state employees, officials and fellow judiciary, and protecting them.
6. The jury in 1998 found Wilbur and Pamela Gaston not guilty of refusing to submit to an illegally compelled contract, just like this, and affirmed by verdict that these are fraudulent attempts to manufacture reports to prevail in court and to put Wilbur Gaston in jail or mental hospital for refusal to comply, which Wilbur and Pamela Gaston absolutely do refuse under all circumstances; the jury saw and agreed how dangerous it would be to compromise with the STATE OF OREGON who has declared a war against this family, bringing twelve cases against them to overwhelm and destroy and render vulnerable over the last three years, and to abscond permanently with Melissa Gaston, to prevent her from being able to talk openly of her sexual, mental, emotional and physical abuse and rape that has been committed against her in foster homes.
7. This attempt to force a compelled contract is FRAUD, and judge Rhoades is using rules that are not Law to violate Wilbur Gaston and his family’s civil rights and liberties under the Constitution. Judges take an oath and are "deemed to know the Law" and are out of any Lawfull jurisdiction not having informed Wilbur Gaston that he was not going to be allowed Due Processof Law in their commerce/admiralty/martial law courts. Judge Rhoades recused herself the day after signing the order, then later said she had not recused herself, yet had turned the case over to judge Fred Avera, who also upheld this fraud, perjured himself on the record, and with complete indifference to the Law, Due Process or the rights of Wilbur Gaston. with malicious intent and prejudicial bias in STATE interests only. This same order will now also be appealed from Averas contempt for citizens rights.
8. There was no hearing on this, even though the Constitution guarantees that "no court shall be in secret" and no oportunity to make a record about this FRAUD, which was requested by Daina Vitolins from Hardy Myers office, to judge Rhoades and Avera. Wilbur Gaston. in previous years dealing with the SOSCF, has submitted to two mental exams, both with state doctors, and both which recommended to return his daughter to him, To attempt to force more of these is not only HARASSMENT, but blatant violations of Gastons due process. and and the mythical STATE OF OREGON has no CLAIM to intervene in this family, Wilbur Gaston being the actual parent of Melissa Gaston, biological offspring. The use of fraudulent mental exam reports by compromised counsellors for the State is now being addressedin Federal court in a class action lawsuit, this case included.
STATEMENT OF FACTS
l. This order by Jamese Rhoades was created in conspiracy with Assistant Attorney General Dina Vitolins and others in a furtherance of ongoing retaliation against the Gaston family to silence them from exposing criminal acts of themselves and other public employees and authorities and to facilitate the termination of parental rights of Wilbur Gaston and completely and permanently sever Melissa Gaston from her family.
2. This order is a further attempt to destroy the Gastons and prevent them from prevailing in court to return his daughter Lawfully to him. There has already been a jury verdict, STATE OF OREGON V GASTON, MEZIERE, 1998, that establishes conspiracy and FRAUD by many judges, high state officials, state employees and child services workers in the SOSCF. ln this verdict, judge Duane Ertsgaard instructed the jury that “only if AJUDGES are comitting FRAUD - only if the JUDGES are CONSPIRING KNOWINGLY along with police, caseworkers, attomies and district attomies, et al, could the jury find the Gastons not guilty; One of the charges against both Gaston and Meziere (now Pamela Gaston) was contempt for refusing to be forced into an illegally compelled contract to take a mental health exam, exactly as is being repeated now by judge Rhoades. The jury watched and listened for five days and saw the evidence laid out how the state illegally removed Melissa Gaston fiom her father in March l996, and when the lies came out that the whole case was unfounded in 1996 , the state concealled evidence of horrific abuse of the child at the hands of the state. The state workers who are assigned to protect her instead allowed and participated in sexually abusing her in at least three of seventeen foster homes she has been in; she was burned and pornography made of her in a foster home, all admitted under oath by the caseworkers, as well as them admitting that they never had evidence to have removed her or kept her incarcerated in foster homes. The jury heard Hazel Specs, foster mother, confess under oath, how she encouraged child sexual abuse having this child strip, dance naked and masturbate on video, as she was told to do by Larry Lawson, caseworker. The jury saw many fraudulent judges orders and that judges in Marion County blatantly write outright lies on orders having absolutely no jurisdiction or authority acting in their own authority with no effective overseer, and most of the methods of destruction that are being used are insidious, as in this mental health order, not obvoius to the average person as criminal abuse, and under the guise of “protection”. The jury saw and agreed that it would be dangerous for the Gastons to walk into any form of exam or assessment by the state in any form, and the jury saw the blatant efforts for two years now of the courts and defendant state employees and authorities making repeated attempts to incarcerate the Gastons however possible, without authority or probable case and absolutely no due process in the courts The jury returned a unanimous "not guilty" six times, including the two contempt charges for refusing the "get a mental health exam" and the
Gastons WILL NOT participate in ANY of the rendering that these individuals are illegally attempting to compel.
3. According to the Bill of Rights, Article VII, "no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law". This whole mental exam compelled contract has been tried- literally . before, and it is a violation of Wilbur Gastons Constitutional Rights of due process to attempt to try it again. To attempt, for the fourth time, to compell Wilbur Gaston to take a mental exam, is harassment and now, since the jury has tried these facts, they cannot be re-examined in any court.
4. This fraudulent order has been upheld now by another judge, Fred Avera, and this appeal needs to reverse his order as well, which will be appealed when signed. For all the same reasons already named, but moreso, Mr.Avera perjured himself on the record, first stating that "of course Mr. Gaston you can get a doctor of your choice to do the exam" and then two minutes later, when pressed about what he was actually saying, Avera snarled "I order you to take a mental exam on the orders of SOSCF with their doctor and at their appointment." In front of this same judge Avera, the State trial attorney and five other attomey’s could not dispute one fact of three years testimony, as well as every fact stated herein this appeal. The judge routinely lie and write lies on orders in the Gaston cases: this is commonplace with compromised judges, as Rhoades and Avera are, along with many other defendants who the jury said are indeed guilty of racketeering and conspiracy. Judge Lewis said facts are not an issue, and Judge Avera said he completely agreed with Lewis. The racketeering verdict was over a year ago, and yet the retaliation is still ongoing, and this fraudulent order is nothing more than evidence of yet another attempt to destroy the Gaston family.
5. The "get a mental health exam" is half of the "get an attorney" scam that corrupted judiciary are using in a scheme called "fitness to proceed” that is used against sui juris litigants who demand their constitutional rights in a court of Law in their own person before the court.
6. The other half of this scam, the "get an attorney” order has also been signed by Jamese Rhoads, and also has been filed for appeal. Rhoades sent the case to attorney Dora Lutz, who refused to participate in this sham. One reason, as stated in the motions of the Attorney General, the state is so desperate for an attorney is to "facilitate the adoption of Melissa Gaston”. The Gastons WILL NOT allow ANY COURT to strip them of their sovereign rights and Constitutional BIRTHRIGHT nor to KIDNAP THEIR OFF SPRING and get away with it, as the state and Judges Rhoades and Avera , with these orders, are trying to accomplish. The public eye is opened on this case, and on these methods and operations. Does the Appeals Court intend to uphold such blatant abuse of the citizenry and extreme deprivation of civil rights? The Appeals Court has already dismissed without hearing many parts of the Gastons cases, usually on process, obstructing justice by refusing to allow hearing on emergency petitions and appeals with complete indifference to the ongoing criminal abuse being enacted right in front of the higher courts and the world, with absolutely no protection, actively refusing to protect as the Court has taken an oath to uphold. The state of the manipulation and exploitation by corrupted judges is an abomination of justice, and this particular scheme of the mental health exam/attorney/ fitness to proceed is particularly disgusting, as it is exploiting rules that were intended to apply to truly mentally impaired individuals. These serious violations of citizens rights is being addressed in Federal Court now in a class action lawsuit to end the corrupt policies of the courts that are exploiting and destroying innocent people who stand up for their rights against corrupted prostitutes to the STATE OF OREGON, for profit, acting as judges and state officials.
7. The courts are exploiting rules that are not LAW and have never been made LAW and they are breaking the LAW by enforcing these self made rules AS THOUGH THEY WERE LAW. They have made rules that are being implemented as Law that give the EFFECT of laws - with these rules they are allowing themselves to violate their oaths to protect due process - to override the Constitution - suspending operation of Laws without the legislative assembly and making law from the bench with complete inaccountability and no effective overseer.
8. Judge Rhoades has absolutely no jurisdiction to request anything of Mr. Gaston, in fact, having never charged Mr.Gaston with a crime and never convicting Mr. Gaston of any crime, Rhoads is aiding and abetting heinous crimes by state authorities. Her failure to release Melissa Gaston, who is being incarcerated in foster homes and has been severely abused by the state, makes Rhoades criminally responsible for not prosecuting criminals and for not protecting innocent citizens, with malicious intent to conceal evidence and with complete indifference to protecting the Constitutional rights of this family.
9. This "fitness to proceed" game is being unlawfully enacted against many people - right now there are at least 50 people, according to a recent article in the Statesman Joumal, in the jail and in the mental hospital labelled “untit to proceed” because they are demanding a trial by jury rather than a biased judge and sham proceedings. The Gastons have for three years been forced into repeated sham proceedings that are an abomination of what the courts are supposed to be - in fact, the courts act in an adversary manner to the innocent people trying to defend themselves when the attomies and judges play a very expensive game with the courts stacked completely in the favor of the state. Not only are there many innocent people in the mental hospital, many of them are put in jail - incarcerated, even though they have been ordered to the hospital, they are taken to jail and held there indefnitely. Judge West recently enacted an "unfit to proceed" on a man, William Mayhar, ordered him to take a mental evaluation. When Mr Mayhar arrived for the exam, he was arrested, the judge ordered him to the mental hospital without any probable cause, and took him to jail, where he was illegally incarcerated for 3 months. Another man, Gaynor Johnson, went through the same scam with Judge West, and spent time in the jail and months in the mental hospital before forcing his release with legal procedures in the federal court. In the report Dr. Sukow wrote on William Mayhar, he wrote he was committing him for life to the mental hospital — no trial, no crime. no probable cause - COMPLETE FRAUD.
l0. One of the favorite tactics in this scam is that the judge in court questions your ability to proceed without an attorney. You say, thank you very much, but I will retain my sovereign rights under the Constitution and not play the quasi court justice game that is being played out routinely in courts in Oregon in 1999. Then you ask if you are in a Constitutional court. Judge Anglemeier, in another hearing, said these things exactly on the record, then told Mr. Gaston that she "questioned his mental capacity" that he "did not know" if he was in a Constitutional court and was choosing to appear sui juris. This is how it begins .... then the judge writes "get a mental health exam" on an order. Now, as an imiocent person demanding their rights, if you cooperate with this you are forced to see THEIR psychiatrist at THEIR expense. of course. It is a foregone conclusion that these psychologists that are subcontracted with the state are the same as the attomies who are subcontracted to the state - they are nothing more than prostitutes without integrity who will do whatever is asked of them to build the case against someone. The Gastons have seen repeatedly, along with other court watchers, how these "methods and operations" are being exploited and abused by corrupted courts - unbelievably so, to any person of reasonable intelligence.
11. One of the favorite diagnoses of these compromised psychiatrists is to say a person has "prosecutorial delusions that the judge is corrupt" ! How much more blatant could it be! Arrogantly, with complete indifference and malicious intent, judges, district attornies, attomies and counsellors, and with complete disregard as to whether they have any Lawfull authority or jurisdiction, write order such as this one. Courtwatchers also routinely see attornies fail to defend their clients, and often fail to tile appeals in their behalf, or in a timely manner. These scams are being enacted with no scrutiny of the judicial or professional conduct by higher courts.. This scheme is one of many being used by the courts to prevail against those who would speak out about abuse by state employees or judiciary.
12. The whole fitness to proceed game is not only unlawfull but blatant deprivation of the rights of citizens going on unabated, and as with the other methods of destruction, the guise of "mental health needs" is fabricated to appear as a valid order when it is completely biased and prejudiced FRAUD. Again, the Gastons have the jury verdict on this already, so to further attempt to pull these things is double, triple jeopardy! The "mental health exam" is nothing more than HARASSMENT and CRIMINAL ABUSE. Does the appeals court intend to uphold this'? To continue to allow innocent people to be rendered and destroyed by these practices? 13. Judge Rhoades, on the record, turned the case over to judge Avera the day after signing this mental health exam order. Even having done this, she went ahead and signed the "order forcing an attorney" on April 29., Judge Rhoades has no business signing anything, and when she signed the mental health order, it was with the knowledge that she removed herself from the case on the record the next day. Judge Rhoades thinks she can do these unlawfull things and
then just get out, but Judge Rhoades has already joined the others in the Federal Deprivation of Rights , CV-99-23-HA, for her knowingly criminal acts, and in her individual capacity, as all of the others.
14. This is FRAUD from the inception, and all stemming from it, and all judges and state authorities participating in this are out of their jurisdiction having committed criminal acts with malicious intent, and are stripped completely of any imagined immunity. ALL WILL BE ACCOUNTABLE WHO ARE PERPETUATING THIS LIE AND FRAUD ! This is all a matter of public record, now established for two years, and to fail to acknowledge any of the stated facts is to join the others in knowingly participating in the most heinous crimes imaginable, aligned with black market baby sellers and purveyors of child flesh. The Appellants expect the Appeals Court to reverse or dismiss this order and not to uphold this constructive FRAUD.
ABSTRACTS OF RECORD
There is no record of the signing of the order, outside of the order itseli attached.
AFFIDAVIT IN SUPPORT OF FACTS
(Attached)
DATED THIS 28th Day of May, 1999
Amended July l, 1999
Wilbur Russell Gaston, sui juris
Pamela K Gaston, sui juris
Appendix O
Motion Entered in Oregon Supreme Court Oral Hearing
In the Supreme Court for the State of Oregon
Pamela K Gaston, Sui Juris ) Case No. S47724
Petitioner/Appellant )
) MOTION TO UPHOLD
V ) CHIEF PETITIONERS BALLOT
) TITLE AND SUMMARY FOR
Hardy Myers, Attorney General ) MEASURE #1, 2002 ELECTION,
Respondent ) TO REPEAL THE AMENDED
) ARTICLE VII FROM THE
) OREGON CONSTITUTION
)
) And AFFIDAVITS and EXHIBITS
__________________________ )
To: Oregon Supreme Court, En Banc
Comes now, Pamela K Gaston, Sui Juris, Free, Natural Person, State Citizen of the state of Oregon, to move the Court to UPHOLD CHIEF PETITIONERS BALLOT TITLE AND SUMMARY FOR MEASURE #1, 2002 ELECTION, TO REPEAL THE AMENDED ARTICLE VII FROM THE OREGON CONSTITUTION. Based on the following Affidavits and Exhibits, Petitioner challenges Attorney General Hardy Myers and Secretary of State Bill Bradbury’s responses. Petitioner demands a court of competent jurisdiction, in a court of Constitutional Judicial Due Process, as guaranteed unalienable by the Oregon and US Constitutions as a matter of Law.
Petitioner expects the Supreme Court to uphold the Ballot Title and Summary as follows.
REPEALS THE "LEG1SLATIVE STATUTORY SUPPLANTMENT"
TO ARTICLE VII OF THE OREGON CONSTITUTION
RESULT OF ‘YES` VOTE: "Yes" vote would repeal current legislative scheme controlling the judicial system in Oregon, re-establishing original Constitutional Judicial System.
RESULT OF ‘NO’ VOTE: "No" vote would retain the current statutory scheme concerning the judges, juries, courts, jurisdiction, and judicial system in Oregon.
SUMMARY: Prior to 1910, Oregon had a Constitutional Judicial system, Oregon Constitution, Article VII, Original. In 1910, the legislature created, without a vote of the People, a Legislative Statutory Judicial system, supplanting the Constitutional Judicial system. This measure repeals the Legislative Judicial system, and restores the Constitutional Judicial system.
AFFIDAVIT
All statements herein are truthful, sworn testimony before God, as stated.
1. We are here as the Sovereign Authority in this state. You are all public elected officials who have taken oaths to protect our Rights of Due Process and Equal Protection. These rights have been shamelessly abused in the past and we are here to state that they will be observed in the future. We are demanding what you have stated to be your shared principles and ideals. Constitutional Rights, open courts, equal access, a search for Truth and Justice, Equal Protection of the Law for the People in Oregon.
2. We are placing the TRUTH on a MOUNTAIN OF LIES. The Attorney General’s office and the Secretary of State have created a deceptive ballot title, to further the agenda of the STATE OF OREGON, INC . to destroy the Oregon Constitution and enforce an unconstitutional, Corporate Socialist World Court system in Oregon and in America. The Amended Article VII has been a FRAUD and DECEPTION from the start, unconstitutional and therefore VOID OF LAW, and ENFORCEABLE. Today we are presenting the evidence that undisputably proves the corrupt agenda of the current provisional, unconstitutional government and completely discredits the facade being enforced and upheld by the Oregon Supreme Court and Oregon Legislature.
3. In 1910, the legislature amended the Original Constitution to create a STATUTORY JUDICIAL SYSTEM, the STATE OF OREGON INC. Under COLOR OF LAW, and giving the appearance of Law, the legislature and the Supreme Court gave itself the authority to create a Process that would allow the government to Violate the Public Trust without appearing to break the "law". The Oregon government actively campaigns to deceive the Public that this scheme is Lawful. The following "legislative counsel note” was inserted in front of the Original Article VII, and states that the Original Constitution has been unlawfully "supplanted" and changes the Law into Statutes.
"Note: Original Article VII compiled below, has been supplanted in part by amended Article VII and in part by statutes enacted by the Legislative Assembly. The provisions of Original Article VII relating to courts, jurisdiction and the judicial system, by the terms of section 2 of amended Article VII are given the status of a statute and subject to change by statutes enacted by the Legislative Assembly, except so far as changed by amended Article VI]. "
4. Former prosecuting attorney Roger Weidner, in 1994, appeared in this very court, and told you that this corruption was intolerable and that the People would not stand for the courts and public officials destroying their Rights and Sovereignty. He told you what was coming and that the People would not tolerate outlaw judges and public servants stealing their children, seizing their lands; their lives and sovereignty destroyed by a TREASONOUS government. You disbarred Mr. Weidner for speaking out and confronting this huge LIE that you are trying to uphold and enforce upon unknowing People. Jesse Lott. and Paul Kraxberger of the Metro Observer have been building a political answer to this intolerable and insidious corruption. Religious leaders like Lou Beres and Lon Mabon have been confronting the moral issues that have been perverted as part of the destructive agenda to control the children and the families into accepting an enforced ‘“culture" wherein their Constitutional Rights are non existent. The Families have been coming into the Senate for ten years telling this corrupted government that they are at "lock and load" and that unless this oppression stops, there is going to be bloodshed. When I quoted that in a Writ of Mandamus to you last March, Hardy Myers sent his goons to Mt. Angel to threaten me and entrap my husband, saying we were "threatening a public official", for stating the truth. The courts have proven to be completely unaccountable, without exception, and you have continued to uphold statutory FRAUD, Violate your Oaths to the People and allow an occupation of the Republic of Oregon by a foreign, unconstitutional jurisdiction engaging in Domestic Violence against innocent Oregon State Citizens.
5. The Attorney General and the Secretary of State have NO lawful authority to block or amend the wording of a Citizens ballot title. The Justice Dept. and the Administrative Dept., along with the court, are creating estoppel to the Citizens unalienable Right to exercise their Constitutional Rights according to Article 1, section 1, wherein the PEOPLE are the only authority who can alter or abolish any part of the Constitution as they see tit. By refusing the initiatives that contain language that would “amend or abolish" a corrupt government, and by allowing themselves the authority to deceptively alter the words of the petitions, the Citizens are blocked from exercising their Constitutional Rights. United States constitution Article 4, Sec 4 states the United States shall guarantee to every state in this Union a Republican form of government, and shall protect each of them against invasion, and on Application of the legislature, or of the Executive (when the legislature cannot be convened) against domestic Violence. The only standard the legislature and courts must uphold is whether the initiative is Lawful, the initiative upholds an amended unconstitutional Process.
Oregon Constitution, Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.
6. The amendment to the Original Article VII created inferior courts of "limited jurisdiction", another estoppel deceptively designed to allow these unconstitutional courts to dismiss, deny and affirm without opinion, denying the opportunity for Redress for the People. These courts effectively get rid of the cases without Due Process of Law, and the attorneys and legislators call this "in the interest of the court" which means “making the court money - interest" not to allow the People their Sovereign rights.
7. The initiative has been filed as a statutory amendment, because the Amendment being repealed has never been constitutional, and therefore is null and void of Law. The amendment itself reduces the Original Constitution to mere statutes, destroying the Law and Treasonous to the Law of Oregon. When the amendment is repealed, the Original Constitution of Oregon will stand sparkling and TRUE, released from the imprisonment of years of putrid slime of corrupt, deviant public officials who have buried it, along with our Sovereignty.
8. Contained in this Motion are Exhibits and Records from the Archives and Public Records from US District Court Case No. #98-1347-HU, that give undisputable proof that the Amendment to Article VH was a forgery and was never Lawfully ratified by the People in 1910. The Records show that the governor who signed the Proclamation on December 3, 1910, F.W. Benson, had stepped down in June, 1910, and was not the governor at the time of his supposed signature. The Records show that “Jay Bowerman" signed the oath to become Governor on JUNE 16th, 1910, one month before the amended VII initiative was created, in July 1910. Further, the Proclamation has the name “F.W. Benson”, as Secretary of State verifying his own signature as governor, which he was not, an unbelievable forgery and falsification of Oath by the government of Oregon. The Records state the family of F. W. Benson claim Benson died in November, 1910.
9. Attached to this Motion are certified Records from the archives of the amendment as it was written in 1910. Clearly, the language was never adopted, as stated in the 1910 amendment, nor is the "1egislative counsel note" that was attached to the Original Article VII included in the initiative. deceiving the Public that the legislature intended to "supplant” the Original Constitution. The amendment was not incorporated into the existing Oregon Constitution, but was deceptively placed beside the Original. a counterfeit Article VII, blatantly usurping the Original Constitution and the Republican form of government and the unalienable authority of the Citizens of Oregon. There is clearly not one word stating Constitutional authority for the Bar Association to write legislation mandating that only its members can be a judge or counsel. The bar members in the courts. the legislative and executive departments. and on committees and in so called "public boards" have written the statutory scheme. wrote the statute that only Bar members could be judges and counsel. for their own profit. even though the constitution places specific and definite restrictions on the three branches being separate as a necessary check and balance. Article ll, Sec 10, states that no legislator may hold a "lucrative office or appointment" with the state or US government , yet many legislators are attorneys and bar members. The Constitution mandates no “titles of nobility”, yet attorneys are called "Esquire". The Oregon Bar has created estoppel to citizens complaints against corrupt judges and attorneys. Through their own rules they may refuse to advance a clients interests (opportunity to recover damages from the bar) where it would conflict with the interests of the Bar (bar loses money on damages). Now we see what "best interest of the system and best interest of the courts really means! Best interest for the STATE OF OREGON, INC. Through the Bar manipulation of the non-lawyer legislators, corrupt and traitorous public officials like Senator Neil Bryant and Rep. Kevin Mannix have stripped the constitutional sovereignty from innocent state Citizens, placing unconstitutional initiatives before the People with deceptive ballot titles, _just like Hardy Myers is attempting to do in our case right now.
10. This “hearing in Limine" today is a Violation of my Constitutional Judicial Due Process. I am not being allowed to make a complete Record for the Public Right to Know, and large amounts of testimony will not be heard by being restricted to 5-10 minutes. The court intentionally did not inform me of the the initiative upholds an amended unconstitutional Process.
Oregon Constitution, Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.
6. The amendment to the Original Article VII created inferior courts of "limited jurisdiction", another estoppel deceptively designed to allow these unconstitutional courts to dismiss, deny and affirm without opinion, denying the opportunity for Redress for the People. These courts effectively get rid of the cases without Due Process of Law, and the attorneys and legislators call this "in the interest of the court" which means “making the court money - interest" not to allow the People their Sovereign rights.
7. The initiative has been filed as a statutory amendment, because the Amendment being repealed has never been constitutional, and therefore is null and void of Law. The amendment itself reduces the Original Constitution to mere statutes, destroying the Law and Treasonous to the Law of Oregon. When the amendment is repealed, the Original Constitution of Oregon will stand sparkling and TRUE, released from the imprisonment of years of putrid slime of corrupt, deviant public officials who have buried it, along with our Sovereignty.
8. Contained in this Motion are Exhibits and Records from the Archives and Public Records from US District Court Case No. #98-1347-HU, that give undisputable proof that the Amendment to Article VII was a forgery and was never Lawfully ratified by the People in 1910. The Records show that the governor who signed the Proclamation on December 3, 1910, F.W. Benson, had stepped down in June, 1910, and was not the governor at the time of his supposed signature. The Records show that “Jay Bowerman" signed the oath to become Governor on JUNE 16th, 1910, one month before the amended VII initiative was created, in July 1910. Further, the Proclamation has the name “F.W. Benson”, as Secretary of State verifying his own signature as governor, which he was not, an unbelievable forgery and falsification of Oath by the government of Oregon. The Records state the family of F. W. Benson claim Benson died in November, 1910.
9. Attached to this Motion are certified Records from the archives of the amendment as it was written in 1910. Clearly, the language was never adopted, as stated in the 1910 amendment, nor is the "1egislative counsel note" that was attached to the Original Article VII included in the initiative. deceiving the Public that the legislature intended to "supplant” the Original Constitution. The amendment was not incorporated into the existing Oregon Constitution, but was deceptively placed beside the Original. a counterfeit Article VII, blatantly usurping the Original Constitution and the Republican form of government and the unalienable authority of the Citizens of Oregon. There is clearly not one word stating Constitutional authority for the Bar Association to write legislation mandating that only its members can be a judge or counsel. The bar members in the courts. the legislative and executive departments. and on committees and in so called "public boards" have written the statutory scheme. wrote the statute that only Bar members could be judges and counsel. for their own profit. even though the constitution places specific and definite restrictions on the three branches being separate as a necessary check and balance. Article ll, Sec 10, states that no legislator may hold a "lucrative office or appointment" with the state or US government , yet many legislators are attorneys and bar members. The Constitution mandates no “titles of nobility”, yet attorneys are called "Esquire". The Oregon Bar has created estoppel to citizens complaints against corrupt judges and attorneys. Through their own rules they may refuse to advance a clients interests (opportunity to recover damages from the bar) where it would conflict with the interests of the Bar (bar loses money on damages). Now we see what "best interest of the system and best interest of the courts really means! Best interest for the STATE OF OREGON, INC. Through the Bar manipulation of the non-lawyer legislators, corrupt and traitorous public officials like Senator Neil Bryant and Rep. Kevin Mannix have stripped the constitutional sovereignty from innocent state Citizens, placing unconstitutional initiatives before the People with deceptive ballot titles, just like Hardy Myers is attempting to do in our case right now.
10. This “hearing in Limine" today is a Violation of my Constitutional Judicial Due Process. I am not being allowed to make a complete Record for the Public Right to Know, and large amounts of testimony will not be heard by being restricted to 5-10 minutes. The court intentionally did not inform me of the hearing 10 days before, in order to subpoena adverse witnesses, John Kitzhaber, Hardy Myers and Wallace Carson, who is "not participating" according to the paperwork, and who are personally accountable in my cases before the court, not only this case. I am being limited to approximately ten minutes testimony to address the court and defend this extreme case. Thousands of innocent people who never committed any Crime have been destroyed for many years in this statutory rendering machine. The only true authority in the courtroom are the People in the audience, and the court is blocking them from hearing relevant information. The court do The attorney generals office have written a motion that Hardy Myers is not going to appear, even though he is the opposing Party, and by Law, I am allowed to face my opposing party openly, without purchase . Now at the last minute the Attorney generals office is saying they are going to appear. The Citizens do not have the Right to not appear, and are fined and incarcerated for default and failure to appear if they do not show. The Court is Violating my rights to Equal Process of Law.
11. I have studied the Constitution and find no section called "Justice Department". There is no Lawful, constitutional authority for an Attorney General, although the Oregon Blue Book states that the Attorneys general “have responsibility and authority under more than 350 state statutes". The Blue Book also states that this “Justice Dept." was established by statute in 1891, creating Oregon state governments law firm. The Attorney Generals office was enacted by the General Assembly in 1891 without Constitutional authority for the General Assembly to create the office of the Attorney General. They elected prosecuting attorneys to represent the state and the County. Section 8 of the act says "The Public Interest of the State requiring the immediate services of an attorney general, this act shall effect on its approval by the governor? The General Assembly nor the governor has any constitutional authority to create the office of attorney general, under the term "PUBLIC INTEREST" which is the only authority given in said act. The general assembly is only authorized to create offices by authority of the People. Nowhere is there a provision for an Attorney General to have authority to change or alter or write an order to block a Citizen Initiative. The Secretary of State is authorized only to insure that the proper number of votes are counted in a certain district. At no time did the People authorize these usurpations, and have been deceived. kept in the dark, unknowing of their Rights and intentionally kept ignorant by bar members of the court process. Also which bar members who write and influence the legislation to enact the agenda of the World Court. now in place and to whom the Oregon government officials have compromised and prostituted themselves stealing and selling our constitution for profit. By manipulating the initiative process. and state employees writing and passing their own statutory process, the Attorney General's "Department of Justice" has amassed more than 215 assistant attorneys general to attack and prosecute state Citizens and Natural People.
12. The governor, attorney general, and solicitor general are spending exorbitant amounts of the taxpayers money to fight the Citizens of Oregon in court after being accused for the least of infractions, where the state prevails as the “victim", with ensuing fines and incarceration. Under this same "amended VII statutory authority" the legislature has allowed the fictitious entity "STATE OF OREGON, INC to be the defendant when a Citizen brings charges against a public official, completely blocking their fair hearing or equal process. Constitutionally there must be a human injured party to make a Claim against another Natural Person, and there has to be injury and probable cause to be a "crime". A Crime is based in Malum in se, or on its face an immoral or injurious act, The agenda that has been statutorily created is a Corporate/Military court, where "there is a rule, you broke it", using Malum Prohibitum, where something is a “crime” because a rule was broken, and no evidence of any Crime or probable cause is required to fine and exploit People for "interest", profit to the system. By these treacherous mechanisms, these departments are diverting federal and state money to enact a "mixed war" of a state authority against the people. The Population of Oregon is at risk to the abuse of the STATE OF OREGON, INC, and it’s non-constitutional courts. It has become a one hands group, traitorously consolidated in its forces.
13. The Amended VII statutory usurpation of the Original constitutional court system in Oregon has created a whole network of increasingly oppressive initiatives and constitutional amendments. The People are only now realizing the entrenchment of the policies in the state of Oregon to control them and strip their sovereignty. In the late 1980s there were meetings in Portland called Oregon Agenda for the l990's , Children and Families. Here it was determined that the Benchmarks Goals and Oregon Shines Agenda would create a "new culture", wherein the People accept non constitutional courts and do not realize that they are being stripped of their due process. This statutory agenda has allowed bar members to go into the
14. In the mid nineties, when Oregon proudly enacted the "Justice 2020 Vision for Oregon courts, the unconstitutional statutory process expanded Nationally, and in 1999 there was established a non- constitutional Global World Statutory Court with the very Processes developed first in Oregon. The practice of the STATE OF OREGON, INC, for the Global agenda, has been to start the oppressive and socialist programs first in the outlying counties, like in Bend, where attorney/legislator Neil Bryant is Senator. In the Joint House and Senate Judiciary meetings, they call these "new" courts "small world courts". They call these “courts" of "inferior process", of “limited judicial process". They are really agency tribunals to enforce the policies of the STATE. They call these innocuous sounding names like Peer court, Family court, Juvenile Court, Municipal Court, Drug Court, mental Health court, Community court, Sanctions courts, traffic court, tax court, bankruptcy courts, land dispute and mediation courts, the list is unending and new fraudulent constructs being "updated" all the time in the Law Commission.
15. In the outlying communities, quietly, the kinks have been worked out for these new programs, all on state and federal money, being diverted without need for proof of public need, and with agencies fraudulently creating a manipulated appearance of public need. The People, with the aid of the major Media, are deceived to believe fearfully, and the STATE says they are going to "protect" them, not notifying them that "protect” translates into "protect the interests (money) of the STATE", and that they are delegated as slaves, a corporate commodity, property of the STATE. The whole concept is ludicrous that the STATE would have an army of attorneys general to fight Citizens in court, when the state government IS the People, and the People are the only True Authority.
16. These non—constitutional courts are the latest form of the evolving agenda for many years as we see some of the steps over the years of bar members insidiously and covertly implementing a global profiteering scheme. Beginning at least with the Amended VII supplanting of the Original Constitution, the bar member and agency employed legislators and commission members have cemented their sphere of control over the courts and laws by manipulating the intent of the initiatives to their own benefit. This rulemaking has allowed such unconscionable policies as the public servants giving themselves immunity from damages when they commit criminal acts against the Public; to allow the STATE to be the “victirn" when there is no injured party or Lawful Crime committed; then initiatives are passed for "victims rights", translated the state accuses and convicts every time; they unlawfully and without Public Authority or vote, passed statutes to mandate that only Bar Association members could represent counsel in court and become judges, breaching the three departments and stripping all semblance of separation of powers from the Oregon government; by writing China Policy constitutional amendments that have completely usurped Oregon sovereignty by incarcerating the accused before a jury trial has decided the facts and the law; by stripping all “innocent until proven guilty of a Crime". also stripping the constitutional mandate that the state bears the burden of proof against Natural Persons and State Citizens.
l7. In furtherance of this Corporate Socialist agenda, Neil Bryant and Kevin Mannix have crafted many abominations, spawning from the House and Senate Judiciary Committee, a treasonous assembly engaging in sedition against the Oregon Constitution, just as the Law Commission is also enacting. They are at this time manipulating the Bill of Rights, holding closed meetings, writing initiatives like SB70 to criminalize, prison for five years and &l00,000. Fines, for anyone who "threatens" or "verbally assaults" a public servant, broadening the scope of stalking ordinances to be used against a newspaper and a lawful protest to fraudulently restrict protestors and any who dare to speak in court or confront their criminal public servant or judicial abusers.
18. In furtherance of this scheme, the legislature has created mandatory sentencing, and a whole host of unconstitutional abominations that are falsely incarcerating thousands of prisoners, criminalizing them for life, never given a trial by jury nor convicted of any Crime, no injured party and non violent ‘offenders", many routinely and unconstitutionally jailed for owing money, forced to work in debtors prisons, the Public not realizing that these people are being processed without constitutional protections of their Inherent Rights. The list is infinite, the manipulations unbelievable, the practiced and polished methods of deception an assault on the average, honest person of integrity. The statutory scheme and the provisional regime is well entrenched, you know the plans to further solidify the courts. Another big piece of the statutory entrenchment was in January 1998, when the Legislature and the Supreme Courts unconstitutionally abolished the District courts and consolidated them with the Circuit courts, having no Lawful authority to do so. This consolidation was a major step toward abolishing the constitution completely in Oregon, and subjecting Oregonians to the foreign and unknown World Court jurisdiction, the Goal and intent at this time, and soon to be in place.
19. The rulemakers allow themselves the authority to act in their own authority and write the rules as they wish by consensus, unseen to the Public is the absolute money motivation ofthe whole machine. The unnaccountability starts with Kitzhaber, the fish rots from the head down, and the statutory schemes have created “Multitudes of Offices" and "swam1s of officers” to "eat out the substance of the People", no different than the tyrant King when the Bill of Rights was enacted. These multitudes of officers are acting routinely in their own authority, in the same manner, from elected officials down to police and enforcers and social workers. It is apparent to me from personal experience that these individuals have been acting in their own authority for a long time. These public servants, and when I say these, I mean starting with a whole network that has been blatantly committing criminal acts against us with the Public watching for four years. By manipulating and exploiting the initiative process, these public servants allow themselves to be immune, above the law and free to abuse their offices. They are colluding and racketeering and protecting themselves and their fellow public servants under color of Law in corrupted courts, all for profit to the STATE, in the "best interest of the court". I am personally injured from these criminal policies and actors of the STATE, and I am in possession of the Records and the Evidence, the Undisputed Facts and the Jury Verdict affirming that the Judges in Marion County and elected officials and agents are guilty by affirmative defense of Racketeering and Conspiracy against us. You have refused to act to prosecute any criminal acts, even conspiring at this time to protect Child pornographers Hazel Specs and Larry Lawson, and a black market child selling operation running out of the SOSCF, but no accountability. The legislators claim they have public hearings, but this is another facade. These "hearings", often unannounced, are more agency tribunals where the agencies fill the hearings and go home with stuffed pockets to abuse more Citizens for profit and job security to keep the system "sustainable", always protecting the money first and each other, without exception.
20. The agenda is to abuse and exploit the initiative process to make rules by consensus, deceiving the People, that criminalize every infraction, remove huge numbers of people from the voting and jury population, make those who break a rule or owe a fine go to prison, where they work in independent prison industries making pre fab housing for millions of Chinese or sustainable products for the STATE OF OREGON, INC. Those who are not making the system "sustainable” will be forced to work, starting high school, and having no options of "self employment". Governor Kitzhaber just signed a "Sustainability Act" Executive Order, without authority and to further the World Court agenda, for Oregon to be the first in the nation to be "sustainable" in one generation. The People are becoming aware of the deception and the treasonous intent of the STATE OF OREGON, INC. And this provisional government that has taken over our state.
21. The Attorney General response to Petitioners arguments do not factually dispute Petitioners claims. In fact, the strongest defense was that Mrs. Gaston’s statements are "an erroneous view of the law”, yet the Attorney General does not factually defend their position. The AG office states that the 1910 initiative was "properly adopted", yet gives no proof; yet Petitioners are providing undisputed and credible evidence discrediting the lawfulness of the adoption of this statutory scheme, and all of the treasonous entanglements that have been spawned from it. The responses from the Attorney General as well as the four attorney responses are evidence that the STATE OF OREGON, INC. has no defense to this testimony and evidence, and their responses are evidence in themselves of the confusion of legal theories called "Law” in Oregon today. The Oregon Constitution has been statutorily amended so many times that the overlay has taken on the facade of a solid appearance of judicial process, that is opaque to most lay People. The attorneys state that no one would understand the word "supplantment", yet supplant is the very word in the legislative counsel note that was attached in 1910 to usurp the Original Article VII.
22. The intent of the initiative as written by Petitioners is clear as a bell, that once the Amendment is repealled, the Authority of the People is restored and courts of Justice returned to the state of Oregon. We will not tolerate being sold out to a world court sovereignty and expect you to tell these people the REAL intent of your Justice 2020 program in plain language, as I am telling them, so they know you intend to strip their sovereignty and sell them out completely, and very soon, sooner than your vision of Justice 2020 programs has outlined. I have the documents printed by the American Bar Association and disseminated at the May 6 symposium at Portland State University, that describe the "vision" of the Justice 2020 statutory scheme. In connection with the executive order Sustainability Act, a “sustainable" Oregon in one generation, we see how dangerously things are shaping up. These documents describe the courts of tomorrow, where everyone goes to an assessment center, where the validity of their claim is "assessed", and then they pay for the type of hearings they get. They are "creating a culture" that will accept restrictions on their sovereignty, not understanding what it feels like to have ever exercised it and being tried in non- constitutional courts.
23. Judge Pamela Abernethy was quoted to say that the jury trial will be the last resort, not the first option. Abemethy stated there would be new access to the courts; CDRC’s, Community Dispute Resolution Centers and multi-option justice centers; This vision includes remote hearings, where the defendant is not allowed to face his accusers openly. Judge Keys states that there will be arbitration where a non judge actually decides the case, without a lot of the procedural complexities of a regualr trial." This Vision 2020 intends to abolish "adversity” in the courts — “comrnunity involvement in non-adversarial problem solving" - no more defendant, plaintiff and neutral judge to a jury decision, as the basic foundation of what a constitutional court is. Justice Carson in 1995 proudly said Oregon courts are the "top in the nation" in the "adoption of alterative forms of dispute resolution".
24. The Justice 2020 is a hate crime against innocent State Citizens, enacting in 1995 legislative statutory arbitration and dispute resolution, mediation hearings of no due process. These are designed to "weed out" the cases where the state is liable and block redress, also to act as tribunals to enforce agency compliance with mandatory judicial orders, also manufactured without due process of Law. The Bar says they are "experimenting” with "diversity”, through "flexible" programs and "peaceful" mandatory arbitration hearings. There is an incestuous system of lawyer legislators who write the statutes, prosecutors who prosecute the statutes, and judges who rule on the statutes, all of whom will now serve on juries as well. No Rights for private, non licensed individuals in the community courts of tomorrow. Competition eliminated, in one generation a culture that will salivate at the bell and ridicule constitutionalists as outdated or mentally unstable, completely and inextricably brainwashed into slavery.
25. The ballot summary outlines the Amendment to Article VII as it appears in the constitution. This is vague and deceptive, misleading the elector to think there are no other provisions for constitutional courts in place. By manipulating vague statutes. there are arbitrary interpretations by biased and prejudiced judges, attorneys and legislators. who are compromised to protect themselves. and care not whether these vague “laws" are constitutional. These statutory provisions allow judges to make law from the bench, and corrupt judges ask defendants if they understand the charges. and the People having no idea that to say they understand is to agree with the judge that you "stand under" his unconstitutional corporate jurisdiction, unknowingly and with the judge concealing the information, that you have given up your inalienable Rights. The Oregon Law Commission is allowing itself the authority to “update" the statutes, to further implement the Socialist policies and courts. This commission of rulemakers, at this time cannot define words like ‘jiurisdiction" and "dependency" or answer any questions about the constitutional rights of the parents in the state sanctioned kidnapping being enacted at this time, for huge profit to the STATE OF OREGON, INC. In fact, Senator Bryant said in a hearing that the Adoption and Safe Families Act is "critical" to the "flow" of the federal funding streams, along with the Environmental Protection Act and the Drug Abuse Enforcement Act, the three pronged foundation for the federally funded agencies.
26. The game is up. The FRAUD is OBSCENE and the destruction intolerable. The vague and deceptive language masks the real intent, as in "the state has an interest in" means interest, as in "making money off of7’. The state says “best interest of children? meaning "profitable interest from abused children — the more abused children the more profit". The state also calls the children "commodity" for their “federal funding streams", and this exploitation of the words keeps the Public from seeing the real agenda as it has been being put in to place. Through these deceptions the STATE OF OREGON, INC profits from the exploitation and extortion of the People, violating their rights and blocking their opportunity for redress without exception. The Oregon Statutory judicial system denies remedy and Due Process of Law. When amended VII was enacted, it made justice in Oregon a debt, a commodity to be bartered. This made Oregon twin ladies Liberty and Justice whores, pimped to the highest bidder and statutorily raped.
27 It is now seen that these mechanisms are methods for the global profiteers to implement a completely controlled agenda, both major political parties are compromised to this agenda, as well as the Oregon government completely compromised by this provisional regime of John Kitzhaber and his appointed fellow traitors to the Citizens Sovereignty in Oregon. It is now come to light how dangerously close we are at this time, possibly as early as Sept. 6, 2000, that the global statutory scheme will make a bold shift and Oregon will lose her opportunity to exercise State Sovereignty, as well as the Personal Sovereignty as Natural Innocent People and State Citizens. Are you selling us out to a United Nations Charter right now, as we are confronting your agenda? Who will tell the TRUTH, and forewarn the People of the terrorists and perverts who are pirates who have seized our Ship of State, and how they plan to profit from our destruction?
28. The Vision 2020 of Oregon government for the courts has placed every Person at extreme risk, and when this happens, the blood that is shed is on your hands, just like the henious ongoing abuse you are allowing every day to be enacted against children and families, arrogantly, with contempt for the Citizens, refusing to act in our behalf The Supreme Court and Appellate court judges have been going into the schools and holding court, perverting the minds of the children to accept courts of no due process. Judge Carson said in 1995 that the children will need to "cl1ange their attitudes, not only about the court system, but changing the justice system as a whole...we need to spend more time not in law school, but in grade school, changing perceptions about how things work and how the system works”. I KNOW this what you are doing, and I have been watching what you do, not what you say. You know you are engaging in compromised criminal acts for the STATE, and those who will not admit that the court is a facade and an act are LIARS and THIEVES. I have seen first hand for four years this is what you are doing, and you know you have the constitutional authority and obligation to act to protect Oregon Citizens from invasion and domestic violence. You also are well aware that I know in my own cases that you have for more than two years, without exception, refused to allow all hearings on our Writs to rescue our child from heinous criminal public servants.
29. The Oregon legislature never granted the Oregon Bar the authority to commit child abuse, to molest, to pervert and to violate the welfare of children and minors. The Bar members are going into the schools with questionnaires, with lewd and obscene motives and pedophile agendas. We have proven this also in our own cases. You are at this moment protecting a pornographer/grade school teacher/ foster mother Hazel Spees and have been knowingly for more than two years, with the state paying her defense, refusing to take her teaching license, awarding her a half million dollar judgment against us for printing her confessions of child sexual abuse ina newspaper, and adopting at least four more children to her and her family after her crimes were publicly acknowledged and confessed. All of this and the retaliation of more than twelve cases against my husband and myself to destroy us and conceal evidence of extreme government abuse, all accomplished in the corrupted statutory process with more than twenty judges we have appeared in front of. You also know that you have acted and colluded together against my husband and myself} to the point where now Carson, Van Hoomison and Gillette are not sitting on our cases, after denying our fair hearing and dismissing our extreme Writs without hearing. NONE OF YOU HAVE EVER ACTED TO PROTECT US. This assembly refuses to take action to guarantee Oregon its Republican form of government, creating an aristocracy and elitist judiciary, above the law, perjuring yourselves by Violating the Public Trust and your oaths of office.
"Silence can only be equated with fraud when there is a legal or moral duty to speak, or when an inquiry left unanswered would be intentionally misleading... We cannot condone this shocking conduct". If that is the case we hope our message is clear. This sort of deception will not be tolerated and yr this is routine it should be corrected immediately" [LS. v. Tweel, 550 F2d 29Z 299~300.
"When one conveys a false impression by disclosure of some facts and the concealment of others, such concealment is in eject a false representation that what is disclosed is the whole truth. " State v. Coddington, 662 R2d 155, 135 Ariz. 480. (Ari; App. 1983).
30. You have two enbanc Motions properly before you at this time, Case #SC 47588 and SC S47598, recently dismissed without hearing by Judge Van Hoomison. I move the Court at this time to act on these two Writs of Mandamus, and immediately return our child to our protection and safety and stop the criminal acts of the public agents and the courts against us, also to act on the Writ of Mandamus for a Summary Judgment hearing for damages on the undisputed and jury decided facts in our Racketeering Case. You took an oath to protect our Rights, and will finally act in our behalf The People are finished with corrupt government in Oregon, finished with state sanctioned abusers attacking them and destroying them and using the People’s money to do it. You WILL act on these motions or explain to the People by what authority you think you are allowed to abuse me and deprive my rights to be heard and enforce prosecution of criminal agents of the state. This assembly refuses to make restitution for damages to me and my family, also for the People who have been mercilessly rendered by this treasonous, outlaw government.
3 l. You have the evidence before you. You and the Attorney Generals Office shall now answer to these charges, or give factual dispute. A Writ or law or ordinance is Void when there was no Lawful authority to have issued it. The officers acting under it are TRESPASSERS, for they are required to know whether the court has jurisdiction and cannot use their official positions to commit criminal acts and deprive Citizens Rights. You have heard the undisputed testimony, and have only one option remaining, to come clean and admit that the Amended statutory scheme is a FRAUD, and a DECEPTION and repeal the Amendment to Article VII and the legislative supplanting note. If you do not admit the established facts in this extreme and volatile situation you WILL explain to the People the TRUTHFUL INTENT and justify the corrupt practices that you are using to destroy us. We DEMAND to know the Nature and Cause of the Statutory Scheme, and that our Public Servants from here on out respect the CITIZENS rights, enforcing complete and equal accountability upon all who act in abuse of their authority in any Public official or elected capacity. We are telling you that this is over NOW. AFTER TODAY THE PEOPLE GET REDRESS AND SOVEREIGN RIGHTS PROTECTED BY OREGON PUBLIC SERVANTS AND ELECTED OFFICIALS. THIS CORRUPTION STOPS RIGHT HERE, RIGHT NOW. IN THE NAME OF GOD, SO SAY WE THE PEOPLE.
All Statements in this affidavit are established facts, court records and sworn testimony, truthful before God, as stated.
Signed in this Day of Our Lord, .
August 9, 2000
____________________
Pamela K Gaston. Sui Juris
Chief Petitioner Initiative #1, 2002 election
treasurer Fifth Amendment Coalition
( co director with Will Gaston of A Voice For Children)
Writ of Habeas Corpus
http://familyrights.us/bin/sui_juris/appendix_p/
Appendix Q
Writ of Quo Warranto — Use to Remove Corrupt Public Officials
IN THE SUPREME COURT OF THE STATE OF OREGON
WRIT OF QUO WARRANTO
State of Oregon, ex rel ) Case No. S46837
Wilbur Russell Gaston, sui juris )
Pamela K Gaston, sui juris ) “BY WHOSE AUTHORITY" DOES THE
and for Melissa Ann Gaston, minor offspring ) STATE OF OREGON USURP THE
and for Kevin John Meziere, minor offspring ) SOVEREIGN AUTHORITY OF
Aggrieved Parties ) THE PEOPLE?
)
VS ) DEMAND FOR SUPREME COURT
) ACCOUNTABILITY, REVIEW AND
) OPINION FROM ALL SUPREME COURT
) JUSTICES
)
) DEMAND FOR ANSWERS TO
) WRIT OF MANDAMU S
STATE OF OREGON ) PRAYER FOR RELIEF
JOHN KITZHABER, representing )
STATE OFFICES FOR SERVICES TO ) DEMAND FOR CONSTITUTIONAL
CHILDREN AND FAMILIES ) REDRESS OF GRIEVANCES AND
) DUE PROCESS OF LAW
RAMONA FOLEY representing )
et al. Accusers and Persecutor ) ORAL HEARING DEMANDED IN
) ORIGINAL ARTICLE VII COURT
___________________________________ )
I AM, Wilbur Russell Gaston, sui juris, and Pamela K Gaston, sui juris, free, Sovereign, Natural Persons and Family Body, Actual Parents and minor offspring, to DEMAND A HEARING OF QUO WARRANTO to establish BY WHOSE AUTHORITY DOES THE STATE OF OREGON USURP THE AUTHORITY OF TI—IE PEOPLE?. Petitioners DEMAND SUPREME COURT ACCOUNTABILITY to ANSWER QUESTIONS BEFORE THE COURT in Case No. S46837. Petitioners PRAY FOR RELIEF, and CONSTITUTIONAL REDRESS OF GRIEVANCES and DUE PROCESS OF LAW. Petitioners DEMAND that their fundamental liberties and inviolate God given rights not be further deprived. All statements herein are TRUE, FACTUAL and SWORN TESTIMONY, as stated, before God. 1. Supreme Court Case No., S46837 was tiled on October 21, 1999. On October 8, the Court specifically requested that Governor Kitzhaber, Chief Justice Carson, Attorney General Myers, Dep DAWilliam Howell, Attorney Richard Condon, SOSCF Administrator Ramona Foley, Solicitor General Michael Reynolds and Attorney Barbara Diamond be served, at which time the Petitioners reserved Writ of Mandamus on said STATE parties. On October 26, Petitioners received an order denying requests for relief from the Supreme Court, signed by “Michael Gillette, presiding, and CJ Carson not participating? Carson for over a year has recused himself after he was added to the Federal Racketeering and Deprivation of Rights Lawsuit, after personally and maliciously bringing in out of county and retired judges to render the Petitioners in court and protecting Bar Member and STATE interests; refusing to act or be accountable for lower court judges who are destroying children and families with abandon and obscene profit from the selling of child flesh, taking them from their parents without due process and rendering them in a system that eats them alive, while STATE employed vultures salivate and move on to the next vulnerable victim..
2. On February 24, 1999, Michael Gillette denied another Writ of Mandamus and Requests for Injunctory Relief Mr. Gillette quoted Amended Article VII authority, denying Lawful redress of grievances and Constitutional Due Process or timely hearing on that Mandamus. Mr. Gillette was added to the Federal Lawsuit along with CJ Carson for Racketeering and Conspiracy for his part in keeping the STATE crimes exposed in this case from coming to light. Mr Gillette chose to conspire with other STATE OF OREGON elected officials and STATE agents rather than uphold his oath to the Constitution, or to protect and serve innocent Natural Persons, State Citizens of the Republic of Oregon. This lawsuit is now in the US Court of Appeals, Case No. 9936036.
3. Mr. Gillete has refused to ANSWER critical questions before the court necessary to the defense of Petitioners Family Body, or to intervene in the retaliation and destruction that the STATE OF OREGON has enacted upon this family. Petitioners have for more than two years Petitioned the Courts and Legislature and the Governor for redress of grievances, only to be further injured and maliciously rendered by criminals in public offices of TRUST who are committing TRESPASS OF TREASON TO THE CONSTITUTION and MISPRISION OF FELONY to protect themselves and the STATE at all costs.
4. All STATE crimes in this case are PUBLIC RECORD, UNDISPUTED, and Judge Fred Avera has been citizens arrested for his crimes, yet he is still on the bench, along with other corrupt judges , destroying lives and children and families daily, as the Supreme Court refuses to BE ACCOUNTABLE. The magnitude of this case, and the DOCUMENTED and CONFESSED CRIMES, and JURY VERDICT OF CONSPIRACY OF JUDGES AND STATE AGENTS HEREIN NAMED, is an abomination. We the People QUESTION THE MENTAL CAPACITY OF THE JUDGES SITTING ON THE SUPREME COURT. We the People have to wonder if the JUDGES OF THE SUPREME COURT HAVE COLLECTIVELY GONE INSANE TO SO BLATANTLY VIOLATE THE PUBLIC TRUST AS WE ARE WATCHING UNFOLD. NO HEARING, NO OPINION, NO REDRESS, NO ACCOUNTABILITY - THIS IS TREASON!
5. Petitioners DEMAND that ALL SEVEN SUPREME COURT JUDGES - CARSON, GILLETTE, VANHOOMISON, DURHAM, KULONGSKI, LEESON AND RIGGS - Concur with this denial of due process, obstruction of justice, violation of the Public Trust and TREASON against the Constitution and the inalienable liberties and rights of tree, innocent, Natural Citizens of the Republic of Oregon. Petitioners DEMAND ACCOUNTABILITY from each judge, and if in fact no Justice on the Oregon Supreme Court will uphold their Oath of office, then this will become primae facie evidence and will go into the United States Supreme Court, where part of this Quo Warranto is already filed.
6. Judges are Public Servants, and this is a DANGEROUS situation, as a child has already been raped and sexually abused and is being abused at this time, as well as the Courts are hell bent on destroying the Petitioners and their family body permanently to cover exposing STATE crimes against the child, taken and held unlawfully for four years now. And is it PUBLIC KNOWLEDGE that these are practiced and polished methods of deception of the STATE SOSCF and courts abusing thousands of children and families. Reunification of a family is a FUNDAMENTAL RIGHT NOT AN ADMINISTRATIVE OPTION. Even if child welfare laws were entirely constitutional, statistically errors of law would occur from time to time, yet virtually all appeals from the juvenile courts are ruled in favor of SOSCF, and almost never in favor of the parents. In some cases, even lower court rulings in favor of the parents have been overturned in favor of the STATE. The higher courts sustain the conduct of the STATE, REFUSING TO HEAR ANY APPEALS OR ALLOW ANY RULINGS THAT MIGHT ENDANGER FEDERAL FUNDING, either for the Dept. Of Human Services, SOSCF, Board of Juvenile Court Judges, State Office of Guardian Ad Litem, or the Court of Appeals and Supreme Court itself; this manifests a DELIBERATE, MALICIOUS and COORDINATED A effort to DEPRIVE PETITIONERS OF THEIR RIGHTS AND PRIVILEGES GUARANTEED BY THE CONSTITUTION, and is RACKETEERING AND CONSPIRACY. The Unconstitutional Statutory schemes have been designed and enacted to comply with federal funding mandates, which are in themselves unconstitutional, inasmuch as they require the States to enact laws which deny due process to he citizens of those States, any law being unconstitutional being VOID OF LAW and unenforceable.
7. The Supreme Court justices are violating the Constitution, Article 7 Original, Section 7 which states “...and at the close of each term the Judges shall file with the Secretary of State, Concise written Statements of the decisions made at that terrn". Petitioners have requested these documents, and the Secretary of State office does not even know the Law exists, nor could the Supreme Court produce any such written Statements. Gillette has once again denied without hearing or opinion, just complete, INTOLERABLE, INNACCOUNTABILITY. All seven judges SHALL REVIEW these petitions, and ALL SEVEN WILL BE PERSONALLY ACCOUNTABLE for refusing to protect and serve innocent people. All Seven judges SHALL Lawfully make a Concise written Statement of their opinion and reason for denial, or SHALL allow a Constitutional Original Article VH Court and fair hearing ( timely is impossible now that the courts have allowed more than two years of ongoing retaliation and abuse of these children and this family, and huge damages have been incurred against the STATE OF OREGON.)
8. Attached to this QUO WARRANTO is an affidavit of Representative Marie Parente, Massachusetts, from the Massachusetts News interview. This Legislator describes detail for detail the horrendous abuse that the Petitioners have survived, and her testimony validates every word of the Petitions that are before the Courts at every level, State and Federal, and continued complete innaccountability and rhetoric. This legislators testimony has opened up the LIE and it will not be closed away anymore. The State of Oregon ex rel is rising with one VOICE to DEMAND OUR GOD GIVEN INALIENABLE RIGHTS BE RESTORED and the CORPORATE STATE OF OREGON, FICTITIOUS ENTITY, that has enslaved the People using Administrative Rules that are SUPPOSED to be RESTRICTING GOVERNMENT AND THE COURTS. The Supreme Court Judges have utterly failed to protect Oregonians, by allowing courts of no due process and allowng taking of children and jailing of children without basic due process or Trial by Jury.
9. In January, 1999, US Supreme Court Chief Justice William Rehnquist, in his year end report to the judiciary, stated that “federal jurisdiction be limited to those crimes that cross state lines or involve “high level state or local government corruption", which cannot be entrusted to state courts. This is an exact description of Petitioners case against the STATE OF OREGON officials, agencies and courts. A "threshold consideration for creating a new federal crime could be a "demonstrated state failure" to handle the matter. The Oregon courts at every level have “demonstrated state failure” to address high level corruption in the State of Oregon government and courts. This case is primae facie evidence that the State of Oregon courts, under the Constitutional jurisdiction of the Oregon Supreme Court, CANNOT and WILL NOT POLICE THEMSELVES or FOLLOW THE LAW TO PROTECT AND PROSECUTE ALL CRIMES EQUALLY. These WRITS will go to Rehnquist after all seven judges take a stand, or regardless of efforts of the Supreme Court judges to ignore or dismiss without opinion, it will just be more proof of the already stated innaccountability of these same judges.
10. These methods and policies are being challenged, and the People are demanding ANSWERS QUO WARRANTO, as to BY WHOSE AUTHORITY does the Supreme Court conduct themselves in this manner? BY WHAT AUTHORITY does the STATE OR OREGON conduct SOSCF TRIBUNALS and bring families into ambushes, completely unknown jurisdiction, where they have no rights at all, no due process, no juries, no records, no witnesses, no competent legal counsel or aggressive defense, not allowed to speak and the courts KNOWINGLY keeping the families TRUTH from disputing the LIES in the STATE COUNTERFEIT RECORDS, a GAME where the STATE WINS AT ALL COSTS and the FEDERAL "FUNDING STREAMS", and everyone related to the court and STATE and standing between them and their children and their freedom are their enemy. No GRIEVANCE, NO DUE PROCESS, NO CONSTITUTION AT ALL - MARTIAL RULE AND ARBITRARY BIASED COURTS INTERPRETING FROM THE BENCH. Petitioners expect to leam INTENT as the SEVEN judges give WRITTEN OPINIONS defending this corruption of the People’s Freedom and fundamental rights and liberties. The People DEMAND that this LAWFUL INTENT be PROVED, OR THIS UNLAWFUL REGIME ENDED IMMEDIATELY. The People DEMAND that the CONSTITUTIONAL REPUBLIC OF OREGON BE LAWFULLY RESTORED TO THE PEOPLE and the AUTHORITY OF THE PEOPLE LAWFULLY
RESTORED.
THE PEOPLE EXPECT THESE JUDGES TO UPHOLD THEIR OATHS !
DATED THIS 5th Day of November, 1999
Wilbur Russell Gaston, sui juris
Pamela K Gaston, sui juris
CERTIFICATE OF SERVICE
I hereby Certify that I served a true copy of this APPELLATE COURT MOTION TO DISPUTE STATE MOTION TO DISMISS APPELLANTS MOTION FOR EXTENSION OF TIME AND SUBPOENA DUCES TECUM on the following parties by hand delivery on February 4,2000.:
Served on all Appellate court judges, ten copies and original left with Court of Appeals.
Supreme Court Justices Carson, Gillette, Vanl-Hoomison, Durham, Kulongski, Leeson and Riggs
Supreme Court Bldg.
Salem, Oregon 97310
Michael Reynolds
Justice Dept. Bldg.
Salem, Oregon 97310
Attorney General Hardy Myers
Justice Dept. Bldg.
Salem, Oregon 97310
Transcript Coordinator
(delivered on Monday, February 7 on this party; Pamela Gaston, being banned unlawfully from the Marion County Courthouse by judge Paul Lipscomb, could not deliver the Motion there, and had to wait for Wilbur Gaston to deliver the Motion the following Monday)
Marion County Courthouse _
100 High St. NE
Salem, Oregon 97301
Linda Wright (by regular post mail)
Shorthand Reporter
7200 SW Trillium Avenue
Portland, Oregon 97008
______________________
Wilbur R. Gaston, sui juris
Appendix R, including Appendix W
Writ of Mandamus
Script to make a Citizen’s Arrest on a Judge or Public Official
IN THE UNITED STATES SUPREME COURT
) WRIT OF MANDAMUS
)
Wilbur Russell Gaston, sui juris ) DEMAND FOR PROSECUTION OF CITIZENS
Pamela K Gaston, sui juris ) ARREST OF JUDGE FRED AVERA
and for Melissa Gaston, ) FOR TRESPASS OF TREASON
minor offspring ) AND BAR MEMBERS FOR MISPRISION
and for Kevin John Meziere, ) OF FELONY
minor offspring )
ex rel State of Oregon ) DEMAND FOR CONSTITUTIONAL
Aggreived Children and Families ) DUE PROCESS; JUDICIAL ACCOUNTABILITY
) TO UPHOLD SWORN OATH OF OFFICE;
VS ) EQUAL ENFORCEMENT OF LAW
JUDGE FRED E. AVERA )
Accountable to Oregon )
Supreme Court Chief Justice )
WALLACE CARSON )
And Governor JOHN KITZHABER )
)
COMES NOW, Wilbur Russell Gaston, sui juris, and Pamela K Gaston, sui juris, and for Melissa Gaston, minor offspring, and for Kevin Meziere, minor offspring, ex rel State of Oregon Children and Families, to ENFORCE PROSECUTION OF CITIZENS ARREST OF JUDGE FRED E. AVERA FOR TRESPASS OF TREASON, (Article HI, Section HI, Clause I) AND MISPRISION OF FELONY, (Title 18 USC, Sec.4) occurring on September 30, 1999 in Marion County Courthouse, Salem, Oregon.
PETITIONERS HAVE YET TO FIND A COURT OF CONSTITUTIONAL DUE PROCESS, OR JUDICIAL ACCOUNTABILITY FOR UPHOLDING THEIR SWORN OATH’S OF OFFICE..
The following terms are defined as follows from Blacks Law Dictionary, Fifth Edition, and Bouviers 6th Ed., 1856 and as used in this Complaint.
Constitution: Organic or fundamental Law; A charter of government deriving its whole authority from the governed; Constitutional liberty or freedom, being freedoms guaranteed by the Bill of Rights, freedoms protected by the Constitution; those personal, civil and political rights of the individual which are guaranteed by the constitution and secured against invasion by the government or any of its agencies. When laws are made in violation of the Constitution, they are null and void. (Blacks Law, 5th Ed, pg 282) inherent Powers: Those which are enjoyed by the possessors of natural right .... such are the powers of a people to establish a form of government, of a father to control his children. (Bouviers)
Free: Not subject to legal constraint of another; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Not despotic, assuring liberty, defending individual rights against encroachment by any person or class; instituted by a free peoples; liberty. (Blacks Law, 5th Ed, pg 597)
Sui Juris: Of his own right; possessing full social and civil rights; not under any legal disability, having the capacity to manage one’s own affairs. Blacks Law, Sth Ed, Pg 1286) innocent: free from guilt, acting in good faith and without knowledge of incriminatory circumstances or of defects of objections; absence of guilt, presumption of innocence. (Blacks Law, 5th Ed, Pg 709)
Supreme Court: Supreme Court is the name of a court having jurisdiction over all other courts. (Blacks Law, 5th Ed, Pg 1292)
Court: An organ of the government, belonging to the judicial department, whose function is the application of laws to controversies brought before it and the public administration of justice...An incorporeal, political being, composed of one or more judges .... pursuant to Lawful authority, for the administration of justice. (Blacks Law, 5th Ed, Pg 318)
Court of Record: A court that is required to keep record of its proceedings, and that may line or imprison. Such record imports verity and cannot be collaterally impeached. (Blacks Law, 5th Ed, Pg 319)
Judge: A public officer; appointed to preside and to administer the law in a court of justice; impartiality is the first duty of a judge, before be gives an opinion or sits in judgment of a case, he ought to be certain he has no bias for or against either of the parties; and if he has any (the slightest) interest in the case, he is disqualified from sitting as a judge. (Blacks Law, 5th Ed, Pg 754; Bouviers)
Oath: An outward pledge by the person taking it that his attestation or promise is made under an immediate sense of responsibility to God, with an invocation to a supreme being to witness the words of the party, and to visit him with punishment if they be false. (Blacks Law, 5th Ed, Pg 966)
Due Process of Law Law in its regular course of administration through courts of justice .... exercise of the powers of government under such safeguards for the protection of individual rights .... for the enforcement and protection of private rights Due process of Law implies the right of the person to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property ...... to be heard .... to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. if any questions of fact or liability be conclusively presumed against him, this is not due process of Law. The concept .... demands that a law shall not be unreasonable, arbitrary, or capricious .... fundamental fairness .... a law which hears before it condemns. (Blacks Law, pg 449)
Color of Law: The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of law: Atkins v Lannins, D. C. Okl, 415 F Supp, 186,188 .... pretense of Law and includes actions of officers who undertake to perform their official duties...Acts done under color of any law of a State include not only acts done by State officials within the bounds of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that ,unlawful acts must be done while such official is purporting or pretending to act in the performance of his official duties,...abuse or misuse of power which is possessed by the official only because he is an official exercising his official powers outside the bounds of lawful authority. (422 USCA 1983). (Blacks Law, 5th Ed, Pg 241)
Violation: Injury, infringement, breach of right, duty or law, ravishment, seduction. (Blacks Law, 5th Ed, Pg 1408)
Felony: A Crime of a graver or more serious nature than those designated misdemeanors. (Blacks Law, 5th Ed, Pg. 555)
Misprision of Felony: The offense of concealing a felony committed by another;
"Whoever, having knowledge of the actual commission of a felony cognizable by a court of he United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, is guilty of the federal crime of misprision of felony, 18, USCA Sec 4"; the concealment of a fe1ony...if any aid be given him, the party becomes an accessory after the fact. It is the duty of every good citizen knowing of a treason or felony having been committed, to inform a magistrate. Silently to observe the commission of a felony, without using any endeavors to apprehend the offender is a misprision. (Blacks Law, 5th Ed, Pg 902)
Trespass: An unlawful interference with one’s person, property or rights. (Blacks Law, Sth Ed, Pg 1347)
Traitor: One who, being trusted, betrays; one guilty of treason (Blacks Law, 5th Ed, Pg 1340); "The punishment for treason is death" .... "traitorous1y" essential in an indictment for treason in order to charge the crime and which cannot be supplied by any other word (Bouviers).
Treason: The offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power; "A person can be convicted of treason only on the testimony of two witnesses, or confession in open court. Article lll, Sec 3, US Constitution; treachery; betraying; breach of allegiance. (Blacks Law, 5th Ed, Pg 1345)
Aid and Comfort: help, support, assistance, countenance, encouragement and as comprehending all persons counseling, abetting, plotting, assenting, consenting and encouraging to do the act, who are not present when the act is done. (Bouviers)
Fraud: An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact... by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury ..... "Bad Faith" and Fraud are synonymous .... It comprises all acts, omissions and concealments involving a breach of a legal or equitable duty and resulting in damage to another. Any trick or artifice employed by one person to induce another to fall into error, or to detain him in it, so that he may make an agreement contrary to his interest. .The fraud may consist in misrepresentation, or concealment of material fact. Fraud, force and vexation are odious in law. To violate private or public confidence or to impair or injure the public interest is deemed equally reprehensible with positive fraud - against public policy. (Blacks Law, 5th Ed, Pg 595)
Deprivation: A Taking away or confiscation; as the deprivation of a constitutional right or the taking of property under imminent domain without due process of law. (Blacks Law, 5th Ed, Pg 397)
Arrest: to stop; to seize; to deprive one of his liberty by virtue of legal authority. Arrest may be made for treason, felony, breach of peace". No place affords protection to offenders against the criminal law. (Blacks Law, 5th Ed , Pg 100)
Citizens Arrest: A private person may arrest another ..... for a public offense committed or attempted in his presence .... when the person arrested has committed a felony, although not in his presence; when a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed
it. (Blacks Law, 5th Ed, Pg 222)
Prosecution: A Proceeding instituted and carried on by due process of law .... a continuous follow up, of a person accused of a public offense with a steady and fixed purpose of reaching a judicial determination of the guilt or innocence of the accused. (Blacks Law, 5th Ed, Pg 1099)
Private Prosecutor: One who sets in motion the machinery of criminal justice against a person whom he suspects or believes to be guilty of a crime, by laying an accusation before the proper authorities and who is not himself an officer of the government.. Prosecutions have for their principal object the security and happiness ofthe people. (Blacks Law, 5th Ed, Pg 1100)
Obstruction of Justice: impeding or obstructing those who seek justice in a court...or one or more persons attempt to prevent, or do prevent, the execution of lawful process...or the administration of justice in any way. (Blacks Law, 5th Ed, Pg 972)
Malice: The intentional doing of a wrongful act .... with an intent to inflict injury .... evil intent .... A conscious violation of the law, (or the prompting of the mind to commit it) which operates to the prejudice of another person. A condition of the mind showing reckless disregard for social duty and fatally bent on mischief .... reckless in law and of the legal rights of citizens .... acting in bad faith with knowledge of the falsity of statements. (Blacks Law, 5th Ed, Pg 862)
Malice Aforethought: A predetermination to commit an act without legal justification or excuse .... A malicious design to injure. The intentional doing of an unlawful act which was determined before it was executed. (Blacks Law, 5th Ed, Pg 863)
Corruption: An Act done with an intent to give some advantage inconsistent with official duty and the rights of others .... the act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to procure some benefit for himself or for another person, contrary to his duty and the rights of others. (Blacks Law, 5th Ed, Pg 31 l)
Turpitude: everything done contrary to justice, honesty, modesty or good morals, is said to be done with turpitude. ( Bouviers)
Tyranny: Arbitrary or Despotic Government; the severe and autocratic exercise of sovereign power, either vested constitutionally in one ruler, or usurped by him by breaking down the division and distribution of governmental powers; a Tyrant uses his power unjustly and arbitrarily, to the oppression of his subjects. The violation of those laws which regulate the division and the exercises of the sovereign power of the state; It is a violation of its constitution. (Blacks Law, 5th Ed, Pg 1362)
Tyrant: The Chief Magistrate of the state, whether legitimate or otherwise, who violates the constitution to act arbitrarily contrary to justice. The term tyrant and usurper are sometimes used as synonymous, because usurpers are almost always tyrants, usurpation is itself a tyrannical act .... this term applied to persons in authority who violate the laws and act arbitrarily towards others. (Bouviers)
Conspiracy: a consultation or agreement between two or more to appeal or indict an innocent person falsely and maliciously, party to a plan to effectuate conspiracy; committing, by joint efforts some unlawful or criminal act (Blacks Law, 5th Ed, Pg 280)
Collusion: An agreement between two or more persons to defraud a person of his rights by the forms of law, or to obtain an object forbidden by law. It implies the existence of fraud of some kind., the employment of fraudulent means, or of lawfull means to accommplish an unlawful] purlose...A secret combination, conspiracy, or concert of action between two or more persons for haudulent or deceitful purpose. (Blacks Law, 5th Ed, Pg 240)
AFFIDAVIT
I HEREBY SWEAR that the statements herein are 'IRUTHFUL, FACTUAL, SWORN TESTIMONY before GOD, as stated:
1. On September 30, 1999, in Marion County Courthouse, Salem, Oregon, a CITIZENS ARREST was recorded against JUDGE FRED E. AVERA, Circuit Judge from Polk County, Oregon, acting in Marion County Courthouse. Said arrest was effected on the record however, was interfered with by officers acting in collusion to protect the aforementioned traitor.
2. The recorded CITIZENS ARREST of FRED E. AVERA was for TRESPASS OF TREASON TO THE CONSTITUTION AND MISPRISION OF FELONY. The following transcript is the indicting instrument, and was filed in the court on September 30, 1999, Case No. 91.10740.
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TESTIMONY - ARREST OF JUDGE FRED E. AVERA
SEPTEMBER 30, 1999
I wish to make a statement.
Please, tell me this - is this a court? Thank you.
Is this a court of record? Thank you.
Are you a judge? Thank you very much ....... (See EXHIBIT A, Oath of Avera)
For the record, since this is a court of record and you are a judge, I wish to report a felony. If I don’t, I shall be subject to fines and imprisonment under federal Laws. Under Title 18, USC, Sec 4, I wish to report to the court that you, sir, have committed trespass of treason to the Constitution, by you denying us access to said Constitutions, denying us the rights protected by the Constitutions Article 3, Section 3, clause 1...
You are guilty of Depriving a free man, Sovereign state Citizen in the Republic of Oregon of my Constitutional Rights of ORIGINAL Article 7 of the Oregon Constitution; where “in all controversies a trial by jury shall be preserved”
By obstructing justice with bias and prejudice to protect yourself, the STATE OF OREGON and fellow bar members from criminal exposure;
By failing to protect a child while being kept in unlawful STATE incarceration, criminally abusing, aiding and abetting child sexual abuse and conspiring with other STATE OF OREGON agents and authorities to destroy my daughter and my family;
By conducting a court of unknown unConstitutional jurisdiction, using Statutes against a free, I innocent state Citizen; using unconstitutional 419 “juvenile code" statutes to deprive me of my inviolate rights . You cannot regulate a human being.
By conducting a court, to quote you "yon are in juvenile court - “there are no charges, there are no defendants, there are no juries" and to proceed against an actual parent, and sever the natural bond of the family body, having never charged me with a crime or convicted me of a crime, is an unconscionable violation of my due process of Law. Your authority for this proceeding does not exist.
By allowing the STATE to prevail with complete disregard for undisputed court testimony - sworn confessions and a jury verdict that you are, along with other judges, committing fraud and treason in open court against the Citizens of the State of Oregon, as well as my daughter and myself.
(See EXHIBIT B - JURY INSTRUCTIONS AND VERDICT FROM APRIL 10, 1998)
By using hearsay and previously discredited reports and witnesses whose lies were dismissed in open court in November, I996, when the case was exposed as lies and fraud, and the original petitions were dismissed.
By refusing to uphold subpoenas of critical adverse witnesses to be cross examined, even quashing the subpoena of Dep District Attorney William Howell, whose fraudulent, malicious, discredited, dismissed petitions have been holding Melissa for three years unlawfully.
You have refused to uphold your oath to the Constitution and have intentionally and maliciously deprived me of fundamental rights and liberties guaranteed by the Constitution to be free from excessive government intervention and criminal STATE abuse.
By refusing to answer all questions as to venue and jurisdiction. I cannot defend myself if I do not know what venue and jurisdiction I am in, and you refuse to make this clear to me. Jurisdiction has been challenged, and what the court does beyond this is void if you continue, and you cannot
lawfully proceed.
You are beyond the ninety day limit of ORS 1.050 that you must answer questions before the court within ninety days or give a written reason for the delay, which has not happened. You refused to answer and tried to dismiss my motion, and there are mandated prison sentences for failure to answer or if you try to fabricate a document to appear that you have filed for an extension. You will answer to the people.
(At least two people stand - state their names and say “ I concur that he has committed trespass of Treason to the Constitution.")
To the Bailiff:
You have more than two people in open court under the Constitution of the US concurring treason - you have no choice · you must remove this man from the bench ..... You do have handcuffs, don’t you? You refuse?
Title 18, Section 4, US Code, is MISPRISON OF FELONY - as the bailiff, you are now as guilty as he is ..... ARE THERE ANY ATTORNEYS PRESENT IN THE ROOM? YOU ARE JUST AS GUILTY OF THE SAME CRIMES BECAUSE YOU FAILED TO STOP THIS MAN FROM COMMITTING TRESPASS OF TREASON AND MISPRISON OF FELONY TO THE CONSTITUTIONS.
"Who ever having knowledge of the actual commission of a felony, cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, is guilty of the federal crime of misprison of felony" 18 United States Code, Sec. 4
To the Bailiff:
Will you interfere if I perform a citizens arrest on this man? I will not subject myself to be arrested performing a citizens arrest, as is my constitutional right, but on the record, in open court I am placing Mr. Avera under citizens arrest for the crimes of Trespass of Treason and Misprison of Felony here before God and my fellow State Citizens of the Republic of Oregon.
I WILL NOT PARTICIPATE IN A COURT OF NO DUE PROCESS AND WILL NOT ALLOW MY RIGHTS TO BE FURTHER VIOLATED. THIS IS NOT A COURT OF LAW, NO CONSTITUTION, ONLY A KANGAROO COURT - A TRIBUNAL FOR THE SOSCF - I WILL IMMEDIATELY APPEAL INTO THE UNITED STATES NINTH CIRCUIT COURT ANY THING YOU DO BEYOND THIS POINT, AND WILL PROSECUTE YOU TO THE FULLEST EXTENT OF THE LAW.
AS GOD IS MY WITNESS THIS CORRUPTION STOPS NOW.
DATED THIS 30th day of September, I999
in Marion County, Salem, Oregon
(TRUE COPY ATTACHED AS EXHIBIT “C" WITH SIGNATURES OF CONCURRING WITNESSES, ORIGINAL FILED WITH COURT)
_______________________
Wilbur Russsell Gaston, sui juris
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3. All charges against TRAITOR FRED E. AVERA as stated. Also charged were Bar Members and Assistant Attorneys General TED MEECE, RICHARD CONDON, CYNTHIA BOTSOIS, DINA VITOLINS AND STACI BARRY for MISPRISION OF FELONY (Title 18, USC, Sec 4). As all were present and witnessed the actions of Traitor FRED E. AVERA. (See par. 1, above), yet failed in their duties to: Protect Melissa Gaston from known and admitted criminal acts by themselves and fellow bar members and state employees; prosecute all crime equally with full knowledge of criminal acts having been committed; protect Petitioner from malicious prosecution; protect Petitioners inherent rights as obligated by oath; uphold their oath’s to uphold the Public Confidence; to preserve the peace of Petitioner and Petitioners Family Body; to abide the Law; prevent deprivation of Rights and Liberties; report evidence of criminal behavior and in fact acted in collusion to conceal public knowledge of criminal acts against Melissa Gaston and the Gaston Family Body. Therefore, Petitioners, as a result of these activities DEMAND PROSECUTION of these individuals and EQUAL PROTECTION AND ENFORCEMENT OF THE LAW.
4. ALL of` the herein named individuals (herein being those individuals named in the Caption, Par. 1, Par 3, Par 6, Par 7, have acted in COLLUSION to usurp the Constitutional Rights, Liberties and Inherent Powers of the Natural Persons and Citizens of Marion County, Oregon. These individuals have acted in COLLUSION, with MALICE AFORETHOUGHT, to engage in FRAUD and TREASON in open court in the State of Oregon courts.
5. ALL of the herein named individuals have "given AID and COMFORT" abetting RACKETEERING and OBSTRUCTING JUSTICE, under COLOR OF LAW committing TYRANNY against imiocent Oregonian children and families.
6. Chief Justice Wallace Carson’s collusion has been to allow "courts" of no due process to operate under Oregon Constitution Article VII “supplanted" where no such official record exists of said Article being voted into existence can be found. Said action has been to allow a provisional statutory government for the Corporate STATE OF OREGON, Inc. Said actions by Mr Carson become the very definition of Tyrant: “The Chief Magistrate of the state, whether legitimate or otherwise, who violates the constitution to act arbitrarily contrary to justice. The term tyrant and usurper are sometimes used as synonymous, because usurpers are almost always tyrants, usurpation is itself a tyrannical act .... this term applied to persons in authority who violate the laws and act arbitrarily towards others."
7. Acting governor JOHN KITZHABER is acting in COLLUSION, TRAITOROUSLY enforcing a provisional corporate statutory regime, with administrative rules being enforced against Free Natural Persons and Citizens of the State of Oregon. JOHN KITZHABER is knowingly and maliciously depriving the DUE PROCESS of children and families, usurping Constitutional protection of fundamental Rights and Liberties, destroying the lives of Oregon children and families for profit to the corporate STATE OF OREGON, Inc. JOHN KITZHABER has for more than two years been refusing to STAND AND BE ACCOUNTABLE TO THE PEOPLE, or to answer honest questions. JOHN KITZHABER is DECEIVING the people in the state of Oregon, by concealing knowledge of federal monies and FRAUD, and rather, posturing with other CORRUPTED STATE AGENTS to engage in RACKETEERING AND EXTORTION against innocent Hee Oregonians. JOHN KITZHABER is a TRAITOR by definition, knowingly usurping the FREEDOM of INNOCENT people, and refusing to appear in court to answer for these crimes, despite numerous subpoenas to do so. JOHN KITZHABER is concealing FRAUD in the agency federal compliance standards, allowing unchecked exploitation of money and power by inaccountable agents of the STATE OF OREGON. JOHN KITZHABER is DECEIVING the public, in VIOLATION of the PUBLIC CONFIDENCE, by withholding Public Knowledge of the Comprehensive Annual Financial Report, (CAFR), disclosing the REAL holdings and interests of the Public Trust monies, revealing the judge and agency slush funds and diverted "funding streams" that have allowed CORRUPTION to grow as a cancer on the Rights, Liberties and Property of the people in Oregon.
8 . All herein named individuals, as well as other officials and agents of the STATE, have refused to answer questions before the Court. Have not held timely fair hearings, as required by Law. Nor have the herein named individuals complied with Freedom Of Information Act/Privacy Act requests, and have been in contempt and default for over a year in providing the information requested, necessary to the defense of Petitioners and Families, and to oversee government methods and operations openly by The People.
9. On September 30, 1999, after charging TRAITOR FRED E. AVERA in open court on the record, and having more than two persons concurring treason, the crowd of courtwatchers were forced from the courtroom. As the crowd was leaving the building peacefully, Marion County Sheriff Dave McMullen, without Warrant, Due Process, Probable Cause or any other Lawful reason, raged on Courtwatcher Roger Weidner, arresting him without incident in front of a crowd of Courtwatchers. Said arrest was allegedly for the "crime" of criminal trespass.
l0. On September 30, 1999, Wilbur Gaston, Pamela Gaston and fellow family rights advocate Mr. Graham Ellis went to Ft. Lewis, Washington, with the Complaint, and court records, to enforce prosecution of the Citizens Arrest of FRED E. AVERA. Upon arriving at Ft. Lewis, Wilbur and Pamela Gaston and fellow courtwatcher Graham Ellis were asked for identification. The information desk soldiers were asked to call the Provost Marshall, the obj ect ofthe courtwatchers journey, and whose help was being requested.
11. The soldiers asked who was the "leader", and were told that Wilbur Gaston performed the Citizens Arrest; the soldiers asked “who knows about what is happening here‘?" and were told that Pamela Gaston knew the details, whereupon two or three Military Police cars arrived with sirens blaring and lights flashing and ARRESTED Wilbur Gaston as the group stood at the information desk.
12. Pamela Gaston was on the phone in the office at the time, and was told it was the Provost Marshalls office by officers Clark and Roberts. When asked by what authority they had just arrested her husband, she was told that Wilbur Gaston would be given all the papers, that there was a federal warrant for his arrest. Pamela Gaston told the officers that Wilbur Gaston is in federal court all the time, and that it was ludicrous to imagine that there could be any outstanding warrant that would not have already been acted on.
13. Pamela Gaston and Graham Ellis were told to follow the officer in his car, which took them into the military base, into a labyrinth of buildings, and finally told to follow the officers into a building where upon Pamela Gaston was interrogated for two and a half hours by Officer Jeff Hartley, "Chief of Covert Drug Operations", ( Officer Pete DeVore "Special Agent". Was the arresting officer of Wilbur Gaston).
14. During the interrogation, Graham Ellis was asked to leave with officer Hartley for some time, as the officers put drug and bomb sniffing dogs on Mr. E1lis’s car. The dogs scratched the paint on Mr. Ellis’s car, with the officers saying "oh - did the dog do that?" - the Officers asked Mr. Ellis if he had drugs or guns - and insisted he open his car to the dogs ..... whereupon the dog found Mr. Ellis’s lunch in the back seat to be a "point of interest". When Mr. Ellis was asked “do you have any drugs? He responded to the officer "not unless you planted some". The officers said "how could I — I have been with you the whole time". Graham Ellis stated that it was absurd to think that the officers "men”’ could not plant anything they wanted to, also to think that the courtwatchers would come to Ft Lewis for help and assistance to End an authority to uphold the LAW and would come with drugs, outstanding warrants or weapons to the Military Base.
15. During the interrogation, Officer Hartley would leave and return, saying he was on the phone to the Justice Dept, the Military Legal Counsel, and the FBI in Tacoma, Washington. He asked many questions about A Voice For Children and associates; how “organized" and "funded” the organization is. The courtwatchers openly explained that Wilbur Gastons daughter is in serious danger, having been sexually abused severely and destroyed as the STATE covers up STATE crimes. Gaston explained how the courts in Oregon are refusing all redress of grievances, and are destroying people without Constitutional Due process of Law. Gaston described the three years of court records describing horrendous abuse of children in foster homes, and the unbelievable retaliation the STATE of OREGON has enacted against Gastons family to conceal Public Knowledge of STATE crimes. Pamela Gaston told Hartley that she had videotape and court documents for the Provost Marshall, and the evidence to support the Citizens Arrest, and for the "Mi1itary Authority” to act on it.
16. After several hours, Officer Hartley said FBI Agent John A. McCurtain, Jr. was on his way to the base, and Officer Hartley directed Pamela Gaston and Graham Ellis to follow McCu1tain off the Military Base to Tacoma, stating there was nothing more Hartely could do for Will or Pamela Gaston or Graham Ellis. Officer Hartley stated that his “interpretation” of the language of the Law regarding Misprision of Felony (Title 18,USC, Sec 4) was "different" than the citizens, and would not act on his authority on behalf of the citizens, even being the closest Military Authority to Oregon. Officer Hartley blocked Pamela Gaston and Graham Ellis from speaking to or leaving their documents for the Provost Marshall. Pamela Gaston told Hartley that she was not about to leave without her husband, having come there to report a crime, and now being handcuffed and arrested and imprisoned. Hartley told Gaston that Wilbur Gaston had not been arrested, but was being "detained”. Gaston asked what Hartley meant, that sirens and handcuffs and taken away is arrested. Hartley said that if Gaston were arrested he would go before a judge and “be arraigr1ed" "then" it would be called "arrested”. Hartley said that the “warrant" "must have been somebody else" and "has been cleared". Pamela Gaston and Graham Ellis escorted officer Hartley back through the building, coming to a door, a dark cold room where Wilbur Gaston was sitting with a blanket alone. He was told nothing, never asked one question after being arrested, nor was he given any documentation, as Officer Hartley had promised Pamela Gaston.
17. The Gastons and Graham Ellis followed Agent McCurtain to the Tacoma offices of the FBI, and explained to MrCurtain that the Portland FBI is knowingly refusing to act on behalf of any abused citizens in Oregon, nor to investigate the EXTREME CORRUPTION destroying countless families. After pretending to listen, Mr. McCurtain stated there was nothing he could do, and that "if your civil rights were being violated, we could step in ...... ". The Gastons took their records and documents and told Mr. McCurtain that it was a waste of time to have followed him to Tacoma, or to have asked for his help, that he was typical of the inaccountability of every authority to uphold their oath to protect citizens or the Constitution.
18. These officers committed FALSE ARREST AND IMPRISONMENT, adding to the MISPRISION OF FELONY, by aiding and abetting the acts of aforementioned TRAITORS. Said acts violate their oath to protect the constitution and Laws; by refusing to act in their capacity of "Military Authority" to protect the Constitutional Rights of Innocent Free People.
19. This Complaint is being filed into the Supreme Court, being a court of Lawful Judicial Process and Constitutional Original Jurisdiction,(1 81 st Principle, Article III, Par 2, Clause 2 "In all cases in which a state shall be a party, the Supreme Court shall have original jurisdicti0n"); Judge William Rehnquist; President William Clinton; Speaker of the House Trent Lott; House Judiciary Committee Henry Hyde, Attorney General Janet Reno; Offices of the Judge Advocate General as Superior Authority of the Officers of Ft. Lewis Military Base, and Offices of the Intelligencer General and Inspector General. Each of these "Civil and Milita1y” Authorities are obligated by OATH and AFFIRMATION to PROTECT AND SERVE innocent Free Persons and State Citizens, and to PROTECT and UPHOLD THE CONSTITUTIONS AND TI-IE LAW.
20. PETITIONERS EXPECT NO LESS, AND PRAY FOR RELIEF; PROSECUTION, ARREST OF HEREIN NAMED CRIMINALS; AN UNBIASED GRAND JURY CALLED TO INVESTIGATE SAID CRIMES; RELEASE OF CHILD BEING UNLAWFULLY IMPRISONED AND CRIMINALLY ABUSED BY AGENTS AND OFFICIALS OF THE STATE OF OREGON.
DATED THIS 26th day of September, 2000
____________________
Wilbur Russell Gaston, sui jutis
___________________
Pamela K Gaston, sui juris
Appendix S
Amicus Curiae Brief to Open Adoption Records
IN THE SUPREME COURT OF THE STATE OF OREGON
Re: Open Adoption Records Act ) Supreme Court Case No.
Petitioners: Wilbur Russell Gaston, ) Court of Appeals. Case No. CA A107235
Pamela K Gaston, sui juris ) Related Appeals Ct. Case No. Al08247
State of Oregon, ex rel, )
aggreived natural persons ) AMICUS CURIAE
)
Related STATE CASE: )
Helen Hill, Chief Petitioner )
Appellant )
)
V ) WRIT TO ENFORCE OPEN RECORDS
STATE OF OREGON, Inc. ) IN THE STATE OF OREGON; TO UPHOLD
Respondent ) BALLOT MEASURE 58
___________________________ )
COMES NOW, Wilbur Russell Gaston, sui juris, and Pamela K Gaston, sui juris; and for State of Oregon, ex rel, Aggrieved Natural Persons, and Petitions the Supreme Court as AMICUS CURIAE to ENFORCE OPEN RECORDS IN THE STATE OF OREGON, and TO UPHOLD BALLOT MEASURE 58.
The Supreme Court SHALL UPHOLD THE LAW and STOP OBSTRUCTING JUSTICE by IMMEDIATELY allowing ALL NATURAL PERSONS, CHILDREN AND FAMILIES to be given, WITHOUT PURCHASE as constitutionally mandated, and without use of bar member attorneys or judges interfering or profiting from the access of all persons to property that is Lawfully belonging to said individuals.
AFFIDAVIT
I HEREBY SWEAR that the following statements are truthful, sworn testimony, written as any reasonable person would understand, before God, as stated.
l. The STATE OF OREGON, Inc. is allowing bar member attorneys to block the production of records to their Lawful owners. All records with a persons name or their minor children's name are discoverable to the owner. The electors voted for Ballot Measure 58 to Lawfully obtain what is their inherent birthright, to know honestly who they are and who their parents and family members are. The Courts in Oregon are at this time forcing innocent Natural Persons into courts of no due process, where their discovery is kept concealed, unlawfully depriving See persons of fair hearing. All records SHALL be produced, as LAWFULLY mandated, and no information SHALL be allowed to be kept and/or shared by the STATE without the knowledge of the person named in the report, database, a persons picture or likeness, or oral conversations about the person named All records are discoverable with the authority inherent in the People.
2. Attached as Exhibits are records from Petitioners discovery, obtained two years ago from the office of the Oregon Attorney General. This Amicus Curiae and these exhibits are evidence in juvenile case 91J0740, now on Appeal, and reveal how the agencies and government in the State of Oregon are criminally, maliciously and fraudulently altering birth certificates, for profit in the State of Oregon Child Moving Industry called the SOSCF (State Offices For Services to Children and Families), and in the STATE overseer capacity of every adoption in the STATE, as well as interstate contracts and international adoptions. As the documents show, this falsification was committed with a STATE employed “Federal Review Specialist" and it is federal reports and money that are being fraudulently rnisappropriated by exploiting and selling children away from their families.
3. The first document, Exhibit A, is a letter written by caseworker Diane Rainy about Petitioners daughter Melissa Gaston. A brief background: The courts are well aware of how Melissa Gaston was removed in March 1996 from her father by black market child seller Shirely Baez, Corrupt Silverton policeman Gary Robertson and corrupt SOSCF caseworker Larry Lawson, all matters of public record. ln November, 1996, judge Greg West dismissed the petition alleging sexual abuse when the STATE witness admitted the case was based in lies. One week before, in October, 1996, judge Joseph Ochoa concealed evidence of a pornographic video made of Melissa Gaston by foster mother Hazel Specs at the urging of caseworker Larry Lawson. When the petition against Wilbur Gaston was dismissed one week later, November, 1996, the STATE refused to release Melissa, in a relentless, ongoing effort to cover up STATE crimes.
4. By March, 1997, Melissa was to have been released, in all reports, according to Citizens Review Board, the case had been proven to be unfounded, the courts had still not yet “taken jurisdiction"; Dad was in compliance with the SOSCF, yet judge West conducted a star chamber meeting - a "status conference” · keeping Petitioners from attending, and refused to release Melissa. No record of this meeting has ever been forthcoming.
5. Two months after this "no hearing" we see this document, Exhibit A.. Dated May 21, 1997, and in it caseworker Rainey writes "concurrent plan: Adoption" ..... "Reconr1r1endations: Get a new birth certificate". The parental rights had not been terminated, yet a new birth certificate is her recommendation.
6. The next exhibit is to Director of Vital Health Statistics, Edward J. Johnson, H Manager. This is a request from "Federal Review Specialist" Ann Stearns, address at the Silverton SOSCF, dated May 29, as she is writing to alter the birth certificate. These documents are the way they appeared when received by Petitioners in October, 1997 from the Attorney Generals office.
7. The next document is Exhibit C, the original birth certificate of Melissa Gaston, as filed May 29, 1990, with Will Gaston named as the father of the child. The next Exhibit, D, is the falsified document created by Johnson, Stearns and Rainey that removed Wilbur Gastons name from the certificate. It is plainly missing, as well as Wilbur Gastons birth date, as listed on the original document. There is also a fraudulent date added to appear that it was original. This is evidence of the FRAUD and DECEPTION that is being used to incarcerate and abuse Melissa, at this time ongoing, and her family is being prevented by the STATE Hom protecting her. Petitioners files are filled with lies and falsified documents, altered Police reports and SOSCF supervisors latering documents to conceal evidence of crimes of STATE agencies, agents and officials. Yet no honest court exists in Oregon who cares to uphold it’s oath to protect the rights of innocent children or families. When Wilbur Gaston first obtained custody of his daughter from the STATE in 1994, the STATE lied and forced DNA tests to be obtained, all the while, Wilbur Gastons name was on the original birth certificate from the beginning.
8. On September 30, 1999, more than two years later, Melissa was still not released and parental rights remained intact, judge Fred Avera conducted a sham hearing for termination of parental rights. The morning of the hearing, some discovery was produced, with no time for Wilbur Gaston to study or prepare a defense, as usual for juvenile courts of no due process. The judge did not care that Wilbur Gaston could not have possibly been prepared, and continued with the sham trial without a jury. Wilbur Gaston and a courtroom full of citizens arrested judge Avera and left, refusing to participate in such FRAUD. Among the papers delivered that morning, was an appeal case file , and on the very top, Melissa’s birth certificate, the copy WITH Wilbur Gastons name on it. This was a pathetic and blatant attempt by assistant Attorney’s General Ted Meece and Dina Vitolins to conceal knowledge of the record of a falsified birth certificate, as Petitioners had exposed in court that the STATE is engaging in criminal abuse of children and families, routinely falsifying records and concealing knowledge of STATE crimes. Coerced consent signatures, never appraising anyone of their rights, and instead threatening vulnerable mothers into giving up their children if they refuse “services", just the start of the criminal practices being used and concealed in the records by the Courts and agencies of the STATE. The TRUTH now to come to light as the records are rightfully and lawfully obtained by the People and the TRUTH becomes known..
9. The STATE OF OREGON, Inc. Is playing both sides, with the justice Dept. Appearing to be defending the open records act, yet at the same time, the Attorney Generals office not aggressively defending against the fellow bar members who are representing the birth mothers who are opposing the Vote of the People. The STATE OF OREGON, Inc. is fully knowing that the same corrupt practices have been concealed for years and will now come to light, that the agencies often fabricate documents and falsify information in the agency’s "best interest", concealing vast amounts of criminal profiteering and fraud in the taking and the selling of other peoples children, while the families have no due process or lawful redress to force the STATE to return the children.
10. Petitioners have filed Writs to stop STATE sponsored unconstitutional measures from being voted on or going forth, and no hearing has been forthcoming. Yet, when the STATE wants a Ballot Measure to be stopped, look at the hearings and manipulations the STATE and bar member attorneys and judges go to in order to undermine the rights of the People with a facade of legal process, unlawfully and statutorily depriving Petioners of their rights while appearing to give them fair hearing. This is intolerable deprivation of the Liberties and Inherent Rights of the People, and obstruction of Justice for the courts to usorp the authority of the electors.
11. The evidence contained herein is credible hard facts that these agents and agencies LIE and FALSE SWEAR, FOR PROFIT, with complete disregard and utter indifference to the welfare of the child or the family. The people now will see the degree that they have been lied to, and their substance, who they are and where they came hom, often their very memories have been distorted, and for life these individuals are traumatized by lies of adults exploiting them for profit. The Agency exploits the adoptive parents, also, and the adopted children will now learn that sometimes even when they get their documents, they contain lies.
12. This information cannot be concealed any longer, as the STATE OF OREGON Inc is at this time creating vast databases, increasing inter agency access, for example of juvenile records and schools, while at the same time the Courts are routinely denying children and families all information to defend themselves in courts of no due process. The STATE is sharing information that is being denied the owner of the property and without that persons knowledge. These are UNLAWFUL practices and the People, ex rel, have told the court already to OPEN THE RECORDS THAT BELONG TO US - NOW.
13. Petitioners will be collecting information as these records are obtained, and the People ex rel expect crimes to be prosecuted as corrupted agents false documents and collusion come to light. Petitioners have been for more than two years filing Motions and Writs in the Supreme Court for Redress of Grievances, with volumes of evidence, of which this falsified birth certificate is part. Petitioners and Aggrieved Parties demand prosecution and recompense for criminal mistreatment by agents and policies of the STATE OF OREGON.
All statements herein are truthful, sworn testimony, before God, as stated.
DATED THIS 3rd Day of January, 2000
_________________________
Wilbur Russell Gaston, sui juris
_____________________
Pamela K Gaston, sui juris
Appendix T
Amicus Curiae Affidavit - Get the FACTS into the Record
As a friend of the court, I swear before God all I say is true and factual. I have known Will and Pamela Gaston for over two years. In that time I have attended many of their hearings and most of their court trials. I have been appalled at what I have seen happening.
The agency charged with protecting children has brutally abused Melissa Gaston and covered up their actions. Melissa was abused sexually in three homes and burned in one. Later, she was the "star" of a pornographic movie made by her foster mother. No action was taken against the people responsible and the agency covered for the perpetrators. In addition to these atrocities, Melissa was subjected to endless "counseling" and questioning in order to get her to "disclose" abuse by her father. Her foster mother punished her until she said what the agency wanted her to say. This is the worst form of mental abuse and in NOT in the "best interest of the child".
In addition to the abuse by the Services to Children and Families, the courts have participated in the abuse of the Gaston family. I have attended numerous "hearings" where the Gastons were told to "shut up" and informed they had no rights. I have witnessed Mr. Gaston being charged and arrested for an unknown crime - and the judge refusing to tell him what he was charged with. I have witnessed the Gastons going into the courthouse and being told there was no hearing or trial scheduled, only to rind out there really was one. Of course, had they not shown up in the courtroom, they would have been automatically found guilty.
Mrs. Gaston has been barred from the courthouse on a bogus "charge" with no recourse because judge Paul Lipscomb refuses to have a hearing and instead has used a “memo” to keep her out. An officer assigned to courthouse security, Sgt. Dave McMullen, has stalked Mrs. Gaston, following her wherever she goes and yelling at her to "shut up or I will arrest you!". Mr.McMullen maced her when she came into the courthouse as instructed by Judge Ertsgaard to get paperwork giving her son protection from SOSCF.
When the case came to trial, Judge Charles Luukenin instructed the jury they must find her guilty even if the arrest was false and there was no lawful order to arrest her.
The Gastons were sued by Hazel Spees, the person making the pornographic movie, and were not allowed to defend themselves. They were not even allowed to be in the courtroom. Mrs. Specs was awarded $500,000.00 for “defamation".
I have witnessed a supporter of the Gastons being attacked by Sgt. McMullen because she spoke in the courtroom before the judge came in. He then handcuffed her and brutally dragged her around the courthouse, injuring and humiliating her because she demanded he be arrested for grabbing her breast and shaking her by the shoulders.
The abuses in the courtroom are too numerous to list. For instance, the last hearing I attended was schdeuled as a Citizens Review Board hearing. When Mrs. Gaston informed the board that she was bringing two observers with her, the hearing was suddenly changed to a “trial". There was no paperwork or written notiiicaion, only verbal notice one day before the "trial". The Assistant District Attomey was tere with the caseworker from SCF. The "hearing ofiicer" was a judge. The Gastons were told he would hand down his decision later. This is justice?
The Gastons won their case proving they are the victims of massive retaliation because they spoke out against Services to Children and Families and those conspiring to keep Melissa Gaston a prisoner of that agency. Since that time the retaliation has increased.
I am 67 years old and have lived my life believing in the court system and law enforcement. I have never witnessed such abuse of power, It is shocking and disgusting. This must be stopped! Where are those who are sworn to uphold the Constitution?
__________________________________
Vehna Hartwig (original notarized 3-24-99)
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Everything you mention in this book is happening to my daughter. Family court on Oahu Hawaii state, is corrupt, its denying people the constitutional rights of people to a fair hearing. Noone will help us and now they are taking parental rights from all family members. Adoption is next and we can't get heard.
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