In April of 2001, upon attempt to
renew my inspection sticker, I decided that I could not, in good
conscience and under penalty of perjury, agree to enter into and
maintain a contract with a private corporation that was under no
obligation to enter into and maintain a contract with me. I did then
reason that the State could not impair the obligation of contract by
constitutional restriction and to be forced into contract did not
only impair that contract to the point of being null it did also
force me into involuntary servitude. If the State did not have this
power, then the Department of Safety and Corrections, its child,
could not be given power, by the State, that it did not possess.
What force was used? I was soon to
discover first hand. As the fates would have it, due to a clerical
error on my part, my time, converted into federal reserve notes and
sent to my master was postmarked the day after my insurance was due
to expire, and my insurance was canceled by the master as punishment
for my tardiness, and additional time(money) was required before
reinstatement was permitted (a fact I did not learn for some 20
days.) I was also told that the slave owner (Insurance Company) did
notify the State's militia of my failure to submit. Since the money
I had sent was tied up in transit and the additional fees were not
available I was not able to effect a reinstatement.
It was at this time that I was stopped
by a Jefferson Parish Policeman because my license plate had expired.
He then found that my insurance card which , by expiration date,
seemed to be valid was indeed invalid. At that time my daughter and
I were cast out on the side of the street, with such personal
property as we could salvage, and the vehicle and its contents were
taken, by force and impounded by the Parish of Jefferson. I did then
demand that an inventory be taken of my personal property still left
in the vehicle. The policeman did begin to comply but, upon
realizing how much personal property there was, did quit and demand
the vehicle removed with only a partial inventory and did give the
tow truck driver the partial inventory allowing the potential of the
tow truck driver removing any item not listed.
It was then and there that I fully
comprehended the full nature of the force used. As I was standing on
the side of the road knowing that shortly my daughter and I would be
stranded, miles from our destination with more personal property
than could be carried without a cart. I realized that I was now in
walking distance prison.
I did also comprehend a different
thought. If the State can so summarily take my vehicle literally
from under my seat, in full view of my daughter, and leave us
stranded on the side of the road, I must not own that vehicle.
Luckily my daughter had a cellular
phone and I was able to contact someone who could pick us up and had
sufficient room to carry the personal property I had salvaged and
carry us to a destination of safety. I did then seek to retrieve the
personal property from the impounded vehicle and was refused all
access to the vehicle until it had been released by the Department of
Safety and Corrections. I then proceeded to the Kenner office of the
Department of Safety and Corrections, Reinstatement office and did
pay the fines and penalties required to have my vehicle released. My
registration was also revoked at that time, and my license plate
seized. I did then travel to the impound lot and did pay the towing
and storage fees and my vehicle was returned to me. I do remind the
Court that all of these places were separated by great distance, are
virtually inaccessible by public transportation, and well beyond the
walls of my walking distance prison. This is the offense that was
scheduled to be heard on the 16th day of March 2004.
While awaiting my day in court. I was
stopped by one of the Department of Safety and Correction's armed
militia known as the State Police and issued a summons to appear in
court to answer the charge of failing to wear a safety belt. I was
scheduled to appear on the 17th day of March 2004 the day
after the March 16th 2004 appearance.
In the interest of completeness, all
promises to appear in court have been obtained by threat of arrest.
In all cases I had asked what would happen if I do not sign this
paper and in all cases I was told that I would be immediately taken
to jail.
It was in March of 2004, while
researching my position for my appearance in court, that I discovered
the fraud that had been perpetrated on me. I did appear in court on
the day specified and did deny the jurisdiction of the court at that
instance. I did try to file paper with my position clearly
delineated and was refused. I did inform the court, as best I could
as the information was new to me, that I denied the jurisdiction of
the court because I had found the cesspool from which the court's
power flowed, and it was clearly unconstitutional. I did try to
inform the court that if the legislation was unconstitutional so were
my license and registration, hence, there were no contracts to be
adjudicated. I did also try to inform the court that as a Citizen of
the State I was entitled to better than to be dragged into court on
only an information to fight an infamous crime. Hence, this court
had no jurisdiction.
I had discovered that as a Citizen of
the State of Louisiana I had rights under the Constitution and the
Bill of Rights and as a territorial citizen I had none. I did find
that I had a unalienable right to pursue happiness given me by my
Creator, and that incumbent in that right was my Right to Travel to
wherever my happiness may be. It is my right and my birthright and I
am DEMANDING it.
Having discovered the fraud
perpetrated upon me, I did not sit idly by. I have allowed my
drivers license to expire as in under 20 days from the March court
dates it was scheduled to expire. I did have the registration on the
vehicle canceled and did turn in the license plate. I did renounce
my social security number as the fraud that it was and I am in a
search for any other such documents that would impair my claim as a
Citizen of the State of Louisiana and to denounce it as the fraud
that it is. I have never and will never knowingly give up my
unalienable rights. Freedom is also a tenant of my religion.
Having attempted to inform the judge
of my position, and after handing him the paper I had tried to file
and was refused, he did hand the paper back to me and did say that
he was not going to, on his own motion, move this case into a
constitutional court. Since I was challenging the court's
jurisdiction, I could not motion and since I was the defendant I
assumed that he was talking to a district attorney on whose motion it
would have to come. That the district attorney would have to motion
this into the correct court.
The Judge did then inform me that this
was not a constitutional court. I did take that to mean that he did
agree with me. That I was a Constitutional Citizen entitled to a
Constitutional proceeding and hence, this court had no jurisdiction.
I did leave the court with the
impression that the Judge had ruled that he had no jurisdiction and
that if the State did wish to pursue this matter further it would
have to motion me into a different court. I did further believe,
incorrectly it would seem, that the correct court would be the 24th
Judicial District Court and did ask the Judge that question to which
I received only a shrug and did take that to mean that, since he had
no jurisdiction, he was simply refusing to discuss the matter. I
have since learned that in those cases where the State is a party the
Supreme Court of the United States shall have original jurisdiction.
So says the Constitution of the United States in Article III, Section
2.
I feel obligated to state that these
fact concerning my appearance in this court in March of 2004 are
remembrances that are almost 2 years old. I do remember trying to
make a audio recording of the proceedings as the quickest and surest
way to make notes on the proceeding while also defending myself. I
was informed that I could not take notes using the same modern
conveniences used by the court reporter. I was to be restricted to
the 19th century technology and could only use pen and
paper to take notes. I guess that I should be thankful that they did
not arbitrarily restrict me to stone age technology and only allow
notes taken on stone tablets with chisels. However I do believe that
the truth of my words will be confirmed by the court reporter's
record, if it still exists. To my knowledge I left that court room
with no future date set for appearance.
Imagine my surprise when I learned
that an attachment had been levied against me by a court that has
never, to this day, ever refuted my challenge of jurisdiction as is
their burden. The court, knowing of my status as State Citizen,
should have known that a duly obtained warrant was required for this
citizen. I was arrested, my vehicle and all of its contents (my
private property) was taken without inventory (see Internal Affairs
of the Jefferson parish police department file numbers 20040112 and
20061209), or due process of law. I was taken to the Gretna
detention facility where I was beaten, threatened, tortured,
extorted, held incognito, denied counsel and the opportunity to
compose writs for about 14 hours until I could effect my escape (see
Internal Affairs of the Jefferson parish police department file
number 20061209.) The 20061209 number is my best information. Two
statements have been submitted to Lt. Toni Ulmer at Internal Affairs
on the 27th day of December, 2006 at approximately 1:30
pm. This being my first opportunity to formally complain since
Internal Affairs had been closed from December 23rd through 26th,
2006.
In point of fact, I was quite upset
believing that the court had ruled that it had no jurisdiction. This
meant that my only avenue into court was to demand the Certificate of
Origin from the Department of Safety and Corrections and sue if my
demand was refused.
I did appear on the 28th
day of December in First Parish Court after being told by the Clerk
of Court that I would have to talk to the Judge about filing papers
in this action. I did stand and challenge the jurisdiction of the
court.
I tried to file my Notice and Demand
for Dismissal for Want of Jurisdiction, and it was refused because it
had no order attached. I had intended the Notice and Demand to be a
simple statement of my objection. I could have simply read into the
record all four pages, however I would then have no record that
showed clearly that what I had intended to say was what I actually
said, as I am not allowed to record voice. I did expect that the
prosecuting attorney would have attempted to prove jurisdiction, and
contrary to my argument the judge would have ruled that the court did
have jurisdiction. A final decision that I could appeal. I told the
Judge that I had a pen and a copy for the District Attorney and was
ready to serve the District Attorney as soon as I could write in an
order. I was refused, by the Judge, the opportunity to hand write an
order. I then realized why the Judge would not allow me to hand
write and order and serve the District Attorney. There was no
District Attorney present. The court was improperly set. However,
there being no prosecuting attorney in the room, the judge simply
ignored my challenge of jurisdiction and did, contrary to the
evidence that I told him, orally and in my Notice and Demand for
Dismissal for Want of Jurisdiction, was in the sole possession of the
Court Reporter, as I am not allowed to record voice as she is, he, on
his own violation, did prosecute and rule that I was guilty of
contempt for not showing up in court while in full knowledge that
evidence existed that clearly, I believe, though I do not have a
recording and it is a two year old memory, would have exonerated me.
The Judge did then enter a plea of not guilty for the Defendant
against the Defendant's objection. A plea can not be entered until
the jurisdictional question is answered.
I was ordered to pay a contempt fine
for failure to appear on March 16, 2004 case number F1523230 and
failure to appear for case number F1525159. I did inform the Judge,
in this improperly set court, that I had appeared on March 16, 2004
and that the court reporter's own records could verify the truth of
my statements and that I had left that court believing that the case
had been dismissed for lack of jurisdiction and hence an appearance a
few days later with the same arguments would have been yielded the
same result. There was no proof that I had been in contempt of
court. It was a contested issue of fact, with the State controlling
and refusing to bring forth, the very evidence that would have
exonerated me. I was also told, by the Judge, that if I kept
defending myself against these injustices that I would be put in jail
for contempt. A threat that I took seriously having seen the Judge
tell a woman that she was going to jail for a few days for daring to
argue that a hurricane, flood, forced evacuation to another State and
closure of the court was sufficient justification to miss a court
date, and send her to the punish bench to await removal to jail.
Again, if I had been allowed to use modern technology in order to
take notes, I would have had a record of the conversation with which
to prove my innocence of the contempt charges. I was also informed
that I would have to appear, yet again, in this court in thirty days
to beg an extension of time to pay if I did not pay the illegal
contempt charges before then.
At one point, I was sent to the punish
bench to sit with the poor woman awaiting jail while the prosecuting
judge dispensed with less contentious slaves. I took this to mean
that the prosecuting judge was making sure that I understood that I
was just a hair's breath from joining her in a smaller prison. I had
also thought that it might be a delaying tactic to give the
prosecuting attorney a chance to make an appearance, but since on one
showed claiming that title, I guess I was wrong on that thought.
I did also ask if all three
informations could be combined because the same defense is to be used
on all three. This was also denied and I was ordered to submit a
challenge of jurisdiction for each of the offenses. I did remind the
judge that I was still incarcerated in walking distance prison and
bus service is almost nonexistent in an effort to show that this
would be an extreme hardship, but I was silenced and being still
under threat of incarceration in a smaller prison, I objected as much
as I dared. It is also to be noted that the Summons labeled B
8484588 P is not due for arraignment until the 23rd day of
January, 2007. I had instructed the Clerk of Court to have that
record pulled and combined as they are all related being sins of
omission contesting an unconstitutional and invalid lien. I did
also ask the Clerk of Court to pull the two Louisiana Uniform Traffic
Tickets and Complaints numbered JP-R 44686 and JP-R 44687 and combine
these also and for the same reason. I was told that these complaints
could not be combined as the paper work had not reached them, this
paperwork being only seven days old. Thank God the government is so
slow. In my current state of incarceration in walking distance jail,
my resources would not allow for five copies in triplicate as I only
have one ream of legal size paper and a dwindling supply of ink.
However, these two Louisiana Uniform
Traffic Tickets and Complaints numbered JP-R 44686 and JP-R 44687
issued on the 21st day of December, 2006 were incident to
the seizure of my vehicle and personal property therein, without
inventory, my arrest justified by an attachment that should never
have been issued and the beginning of my confinement in walking
distance prison, after my escape from the Gretna detention facility.
These two complaints are scheduled for arraignment in February, 2007
the original writing says the 22nd day and there is now an
inked 15 in that position that I believe was written in by the Clerk
of First Parish Court when trying to pull the record. The inclusion
of these two informations are essential in the Defendant's ability to
challenge his illegal imprisonment in walking distance prison, to
regain custody of his property from the Department of Safety and
Corrections and the Parish of Jefferson without having to institute a
separate proceeding, in an appropriate court, suing the State of
Louisiana as lien holder, Department of Safety and Corrections as
administrator of the State's property, the Jefferson Parish Police
Department and its agents for the recovery of my property and freedom
from my walking distance jail. Again all five informations are
charges of sins of omission based on a challenge of an
unconstitutional and invalid lien.
There can be no doubt that I can not
receive a fair and impartial trial in First Parish Court. I have
been to two arraignments in an improperly set court. I have, at
every instance, challenged the jurisdiction of the court, a challenge
that has, to this day, never been refuted, nor proof of jurisdiction
offered, nor ruling made. I have been ordered, by the judge, to
submit my statement in the form of a motion in triplicate and for
each case, hence six extra copies whose only difference will be the
number of the alleged offense, despite my protest that this will
impose upon this Defendant an unusually harsh burden. I have been
convicted of contempt despite evidence to the contrary in the Court's
exclusive possession. I have been attached, incarcerated, tortured,
beaten, held incognito, denied right to counsel, paper and pen to
write writs and extorted. I have, without charge, trial or
conviction, been incarcerated in this walking distance prison. I
have had my vehicle and my personal property therein taken, without
inventory or due process of law and held, at my expense, and have
been told by Brandy Cunningham of the Department of Safety and
Corrections that they will not release my property until I have paid
homage to the Overseer and insurance industry while storage charges
still accrue. I have been threatened with a more restrictive jail,
and torture chamber, for the heinous crime of demanding my rights.
The very sustenance of the officers of that court depends on my
arguments being declared invalid.
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