Sorry I haven't replied sooner... It was a moral imperative to run away for the weekend.. lol
This situation is actually 3 separate events, and 5 charges, which, to date, has culmanated into 2 wins, and one decision still being appealed. I wanted to present the entire senario from beginning to end, I may add more detail, but this is a start..
I offer this as a "heads up" of what to expect, if you're foolish enough (as I was) to try district court. I'm sure the resident naysayers will find ample fodder here, for condemnation.
THE 3 EVENTS
1) My kids, who I haven't seen in 3+ years, live less than half a mile from me.. It was 7:30pm Christmas Day, and I had several gifts that needed to be delivered. I had asked several friends and relatives, and had recieved several affirmations.. but when the time came to do the deed, everyone had their reasons for their inability to comply.
It was my Sovereign Lord and Saviors birthday! Well, I know the law, and I know the legal, and was not about to allow myself to be deterred. As I approached the house ( I never entered the property), suddenly, both my sons came running around the shed. I sat their gifts on the ground just across the property line, told them I loved them very much, wished them a Merry Christmas, and left. My only regret is that I didn't hug them.
About one hour later, the cops arrived and I got the whole thing on audio tape! I handled myself professionally, identified myself as true name, flesh and blood, showed them a variety of papers, explained the law, and the legal... they even had the police chief (an old high school friend) come down, though, he never got out of his car, and only watched from a distance. I was subsequently unlawfully arrested for allegedly violating a protection from abuse order. I was violently restrained (I did not resist, but I am 6'3" 220lbs. and so am automatically presumed to be violent), cuffed, and kidnapped, and spent Christmas night in county jail !
When I bailed out, ($340, signed the bail contract without prejudice, T.D.C.- A.R.R. above my true name), I put together my 'package' and prepared to serve it on all parties... Keep in mind, these are common law docs, and i can serve them myself, which I did.
2) The mother of my kids, works for the demonspawn at Human Services, behind combination locked doors ! Undaunted.. I trotted my little butt over there, and served her at work. The receptionist was very nice, and signed for the docs, and I left. Two hours later, I was arrested for violation of Protection Order, and violation of Bail Conditions, and was again, thrown in the county jail. I was arraigned the next morning, and bailed out (only $250 this time !). Again I signed the bail contract "without prejudice" & "T.D.C.-A.R.R." above my true name..
3) Then, I waited until the first default came due, got the proper docs together, and again, served it on all parties... Once again, I trotted my little butt over to Human Services, and served her at work. This time, I rode over with a friends, and I stayed in the car, while my friend went in and served the Ex. This time, officers came to the house, and gave me two tickets, again alleging violation of Protection Order, and violation of Bail Conditions. I signed them appropriately, and sent them on their way...
When the final default came due... I again rode over in my friends car, and had my friend go in again, and serve the Ex. This time, there were no repercussions. No arrests, no visits from the local PD, not even a phone call.
COURT
Keep in mind... what I filed, was basicly identical paperwork, in all three court cases...
The basic default package AoT,NoDw/OtC,FD,WoP,WoM,PtD with a AoDoCE, most of which I had registered at the county seat.. plus a certified address correction with postal ciites, a certified copy of my tradename registration, and a registered copy of my defaulted cancellatura docs, revoking all allegiences, duties, contracts and signatures, ect..
1) The Christmas Day arrest was withdrawn, the allegations dropped, no court, no arraignment, nothing. as reflected in
THIS THREAD.
2) As a rule, I always move things to Superior court. This time, for the sake of experimentation, I
regretably kept
this one in District Court, where the lowlife judges work. When the case was "roll called" I stood and said, "I am here on this matter", and the DA replied "discussion your Honor"
There was no discussion... no offer was made.. off to trial...
This 'trial' was a joke.. but I had a witness with me. I had been in front of this judge before, and she knew what was coming, so when it went bad from the onset, there was little sense in holding back.. They also brought back the attorney I had stood against, and who had read me the "Mafia speech", threatening me, in my
OAS Win thread.
The case was called and I said "special appearence" and was immediately interrupted. They weren't about to let me read my opening dialog, and destroy their presumption of PJ. I was told I would have "my chance" to speak... "Objection ! Presumption ! I am here by special appearence to challenge personam....." I was again interrupted, "Excuse me ! I have the floor!" Again told I was not allowed to speak... not that that stopped me.. every time they looked to me for cooperation, I let em have it, and kept taking back to the beginning.. (staying behind my jurisdictional veil). No PJ, no nexus, court has no standing, lacks essential elements, defaulted aff, failure to state a cause, denial of due process, any decision is null and void ab inito. Everything they did was based on the inital presumption of PJ, which they refused to let me address. I eventually was allowed to speak, but it was long after their presumption had been forcably established. I took this situation right to the limit, and beyond, and threw most everything I knew at them, while I kept repeating the essentials.. and yes, I've ordered a copy of the transcript.
Bottom line? I was cited with contempt, cuffed, and put in the "bad boy box". But I didn't shut up. I was never disruptive, and didn't interrupt, but I definately stood my ground and didn't cooperate. "This is assault, and kidnapping. I will seek remedy !" (the five bailiffs immediately backed off, and got very nervous, my witness got all their names) "He who resorts to violence has already lost !"
Result? no charge of contempt... But they did give the strawman 180 days in jail, all waived, except 7 days for each (2) offense, served concurrently for the charges above.. and the remainder of the 180 spent on 'administrative release' (parole?) Of course, I reminded the court of no standing, ect. refused allocution, and began notify the court of my intent to seek remedy, and demand a stay. The judge, once again, interrupted me and voluntarily stayed the sentence while I appealed.
The court wrote up a contract, with the courts judgement on it, requiring my signature ! (this was a first !) and I was told I had to sign it, which I refused. It lacked my true name, there was no judges signature on it, just a rubber stamp, as well as other errors.. The court wrote "defendant refused to sign" and gave me back a copy. I took the copy home, refused it for cause and fraud, attached an AoT, and had a friend timely send it registered mail to the judge, and am going to default the judge. suffice it to say.. I'm appealing..
3) I demanded "Trial by Jury" (not jury trial), which took this case to superior court, for a "pre-trial" hearing. When the case was "roll called" I stood and said, "I am here on this matter", and the DA replied "disscussion your Honor"
At the break, the DA and I went into a back office, and talked for about 20 minutes. She remained standing, and I sat, with her desk between us. Basicly, the trial took place in her office, and started very slowly. I showed her all my paperwork.. I assured her, I wasn't looking for trouble, or to waste anyones time, but that, over the past 18 months, I had 7 registered unrebutted affidavits, and that that the court, had chronicly been unable to show a nexus, and would they kindly "leave me alone"
We went round and round, as she tried to look for a weakness... She tried to put words in my mouth, make huge leaps in assumption, ect. At one point she said "you mean you're not a person?" "No Maam! the private copywritten Maine Revised Statutes define a 'person' as....." "Well, If you're not a person, what are you?" "haven't your read my paperwork? I'm a flesh and blood man, created by Almighty God ! Why? what are you?" (no comment)
During this time, I learned that for two years, this female DA had worked directly with the female judge, that was responsible for the fiasco immediately above (court visit #2). I was told "You need to stop all this silliness and move on"... I should "drop my appeal" (of #2), and that I had made procedural errors (in the current case #3), and needed to study more. She said the "Ex was not the injured party, but only a "witness" and that serving her, was unnecessary and antagonistic. So I asked who the injured party was, and got the standard "STATE OF MAINE" reply. I asked her if there was evidence of an injured party, as I hadn't recieved any discovery, that I was anxious to read the verified complaint, and that I wanted to cross examine.. (again no comment)
Linear Mode
