Monday, October 3, 2011

OK, no durance vile today.

I am posting this at the library just down from the courthouse.

We have been granted an evidentiary hearing in the next few weeks before proceeding.

The issue at hand is this: the Jefferson County prosecutor's office refuses to tell us the name of the "road rager" in a suit who leaped from his car and yelled "He's got a gun!" That was, after all, their probable cause in arresting me. This was the same road rager, mind you, who was seen laughing and chatting with Deputy Cornelius after I was in handcuffs. The same Deputy Cornelius who told me "shut your fucking mouth" (among other things) when I asked who the guy was at the scene. Without knowing who the road rager was and who he works for (and thus being able to find out if the Counties were merely willing tools of the Feds) I am unwilling to cop the plea and have my son's Taurus PT Millenium Pro .45 ground up (or, more likely, given how arms and ammunition disappear from the corrupt county lock-up, turning up in Deputy Cornelius' gun safe at home).

I think they counted on my poverty making this an easy one, but your subscriptions made it possible for me to take the decision to proceed. God bless you all for that.

Mike
III

13 comments:

kenlowder said...

Howdy, I hope that you have gotten a decent lawyer. I'm facing a bs assault too so I feel you anguish too

Ken

Happy D said...

Now I know they don't follow the constitution in court any more.
But is one not entitled to face your accuser?
After all they have people facing the possibility of being murdered by the person they are accusing take the stand.
Then we protect them in the witness protection program if necessary.

Da Curly Wolf said...

yeah most likely it'd end up in some cops home gun locker/case. And besides that you have a RIGHT to face your accuser in open court..if they deny that..then you might as well just burn the courthouse to the ground with all the judges, lawyers and cops in it because that is not justice. so what's the point in having an edifice of one except to maintain a thin facade, to keep the sheeple happy?

Dave said...

I'm no lawyer (perish the thought), but wouldn't accepting a plea bargain make you a "prohibited person?"

I'd be curious to see how the legal system could deny your right to face your accuser. Do you not have a government-issued permit to exercise your Sixth Amendment rights either? Maybe this is all your fault for not having all your civil rights permits in order, Mike.

Willorith said...

Always happy to help a fellow middle aged fat man. Semper Adipose

Female III said...

Willing Fed "tools"? Oh HELL YEAH they are. More than that, they are pawns of the Devil. Make them regret their decision. Mike, you may just have them by the short hairs.

Anonymous said...

OK - I'll admit I don't know the circumstances (or maybe I should say 'allegations') in your situation but as far as I know you have a Constitutional right to face your accusers.
Did this particular deputy know you before this 'incident'? If so - with the county refusing to identify the 'complainant' you are a long way down the road to showing a case of potential official misconduct - especially if it is revealed that the 'complainant' is a government employee of any sort.
Good luck in this.

Ashrak said...

How can "He's got a gun!" be probable cause?

Does yelling "He's got a Bible!" create probable cause?

Of course it doesn't, and this is crystal clear by the fact that this is not just a private property matter where "reasonable" can be abused to no end.

This particular property, a firearm, is indeed quite literally specifically protected by a recognition of its own, just as the possession of a Bible is protected specifically on its own.

Mike, I believe that you are 100% correct about your economic status playing a part. However, one who knows their rights and can articulate them better than a member of the bar can, is something those members of the bar had better start to take seriously.

SCOTUS can only deny cert, it can only avoid answering a direct question for so long - and there are more of us than there are of them.

Depending upon how honestly Justice Sue Myerscough addresses the SAF's petition to strike clearly unconstitutional code here in Illinois, I may just be joining you among the poor accused of exercising a right without a permission slip. Unless of course the NRA and the GOP here in Illinois wins their underhanded attempt to muck up the program for every person in this country by keeping alive the permission slip structure.

Only when Patriots refuse to bow down in fear will Freemen protect for their posterity the one right that protects and defends all the others.

It is my hope that Justice Sue Myerscough understands fully that if she skates the truth, if she attempts to play both ends against the middle, if she stonewalls what is so obvious to any clear thinking person, she, herself, will be willingly dooming a person who has never been in trouble to prison for nothing more than simple exercise on an inalienable right. It is my hope that she considers deeply the super far reaching and serious ramifications of her coming decision.

Stand Tall, Proud Patriot. Know that other stand shoulder to shoulder with you in more ways than anyone can count.

Anonymous said...

It is really easy to set someone up for a bogus charge. All it takes is someone who will call the "law" and claim that some dude in a car (matching yours) tired to shoot me and the slow wheels of the corrupt judicial machine start ripping money out of your pocket (if not worse). Time to nail the bastard who started the whole thing.

Da Curly Wolf said...

"Time to nail the bastard who started the whole thing."

nay too good for them. use railroad spikes.

Dedicated_Dad said...

Glad you're still in the fight!

Any update on this?

http://sipseystreetirregulars.blogspot.com/2011/09/state-department-story-wont-appear.html

Waiting with bated breath here, Boss!!

bitter clinging texan said...

give em hell Mr V
I know in my heart you are gonna hear the two most beautiful words in the english language
"not guilty"
III

Thirdpower said...

We've seen a dedicated smear campaign against leading firearm rights advocates over the last year from the Joyce Foundation and their various puppets.

Looks like they're trying to discredit you in order to try and relieve some of the heat from F&F.