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Old 03-27-2008, 06:37 AM
Lawdog Lawdog is offline
Mental Jujitsu
 
Join Date: Dec 2007
Posts: 594
Commercial Affidavit of Truth: Not all it's cracked up to be

Remember when this guy was arrested back in January? Well, now he's a convicted felon. That can happen when you file useless garbage like a "commercial affidavit of truth" rather than letting experienced counsel mount a sane, rational defense.

http://www.newsadvance.com/lna/news/...o perty/3326/

Quote:
Published: March 26, 2008

RUSTBURG — A Campbell County man was convicted Wednesday of carrying a gun onto Rustburg High School’s parking lot in spite of his arguments that the government has no power over him and “is a fiction.”

Edward Royal Martin Jr. was also found guilty of possessing a vehicle whose identification number had been removed — a felony; and possession of a concealed weapon, driving without a license, and operating a vehicle without tags, all three misdemeanors.

He was found not guilty of a misdemeanor of driving without a vehicle inspection because he was charged under a law against riding electric bicycles on a sidewalk.

Martin defended himself in court, refusing offers from visiting retired Bristol Circuit Court Judge Charles Flanagan to appoint an
attorney.

He took exception to Flanagan’s characterization that Martin was “representing himself.”

“I am not representing myself,” Martin said. “There is only one of me. I am not a fiction.”

Martin also refused to answer “guilty” or “not guilty” to the charges, saying they were bricks in the road from freedom to tyranny.

He complained that the court did not recognize documents he filed, such as a “commercial affidavit of truth,” which are purported by anarchist political groups and those who believe in individual sovereignty to invalidate a court’s jurisdiction.

“I’m not guilty of any of the accused crimes because I am not the commercial property of the commonwealth,” Martin said.

According to testimony from Campbell County Sheriff’s Office Sgt. Mike Lawhorn, he was dispatched on an anonymous call on Nov. 17 that a vehicle in the parking lot at the school’s ring dance had no license plates.

Lawhorn said he located Martin’s pickup truck and found the vehicle identification number had also been removed — a felony carrying as many as five years in prison.

The misdemeanor charges came after Martin identified himself to Lawhorn only as “Ed” and handed over copies of documents such as his driver’s license, vehicle titles and other identification he told Lawhorn he had mailed back to the issuing government offices after he renounced their authority over him.

Lawhorn testified that Martin had fastened his own license plate to the car. The plate, he testified, “had two letters, ‘Ed.’”

During a search of the car, Lawhorn said, he found a loaded .45-caliber Heckler & Koch pistol under the front seat and a spare magazine in the driver’s side door.

Martin contended Wednesday that a state trooper, not Lawhorn, searched the car without cause when the gun was found. He didn’t press the issue with the deputy or the judge, or testify in his defense.

He told the court he was at the school for his daughter’s class ring ceremony and that he didn’t know the gun was in his truck at the time.

Martin has refused to provide his date of birth, but is listed in jail records as having a 1963 birth date. He has also refused to provide a current address.

He is being held in the Campbell County Adult Detention Center without bond pending sentencing, which was tentatively scheduled for May 19.

The felony charges carry a maximum sentence of five years in prison.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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