In the Superior Court for Yavapai County Arizona
vs. Benjamin Robert Taylor, Defendant | ) ) ) ) ) ) ) ) ) | Case No. 2005030003J Case No. 2005-0256 CR Rule 26.10 - b (1) STATEMENT |
Statement of Defendant at Time of Sentencing:
Your Honor, and may it please this honorable Court,
Comes now, Benjamin Robert Taylor, the accused party in the above-styled case(s) for sentencing and, under Rule 26.10b(1), enters the following statement into public record:
The Constitution for the United States of America clearly states the source of sovereignty in our nation with the first words of the Preamble: "We, the People of the United States..."
As the Constitution begins with the declaration of sovereignty, the body closes (immediately prior to the clause for ratification) in Article VI with the words: "all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States."
The first ten Amendments to the Constitution recognize, guarantee and protect my rights and my sovereign status, as they do for each and every American.
Failure by any sworn public servant, from dog-catcher to President, to uphold the letter of the entire Constitution is prima facie evidence of violation of oath of office, cause for criminal and civil actions, and grounds for immediate removal from office.
I stand before this court in my proper person, under duress and by special visitation.
As a statement by the accused at the time of sentencing is my right under the above-cited Rule, I herein exercise said right and further request that this statement be kept unedited in its entirety, no matter how pedantic or verbose, as a permanent public record in the above-styled case(s).
As public record, the copying, printing, publishing and widespread free distribution of this document are very highly encouraged.
For the record, I have not at any time been afforded any opportunity to confront my accusers or any alleged witnesses against me, nor have I been granted so much as the pretense of any such thing as a presumption of innocence. These are sufficient causes for the immediate dismissal of this action;
All rights to due process have been categorically denied me by the combined elements of the Yavapai County Government including but not limited to the Yavapai County Sheriff's Office, the Yavapai County Attorney's Office and the Superior Court of Yavapai County. These are sufficient causes for the immediate dismissal of this action;
I have been denied the right to have compulsory process for obtaining witnesses in my favor in violation of rights protected under the Sixth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right against the infliction of cruel and unusual punishments in violation of rights protected under the Eighth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to a speedy and public trial by an impartial jury in violation of rights protected under the Sixth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to assistance of counsel in violation of rights protected under the Sixth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to due process of law in violation of rights protected under the Fifth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to just compensation for property seized without due process in violation of rights protected under the Fifth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to testify before a Grand Jury in violation of rights protected under the Fifth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right against excessive bail being set in violation of rights protected under the Eighth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to equal protection under the law in violation of rights protected under the Fourteenth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right against unreasonable searches and seizures in violation of rights protected under the Fourth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
No evidence against me has been presented to this court to establish the occurrence of any crime or crimes, nor my commission of them, no preponderance of evidence has been presented to establish my guilt, and the three arrest reports filed in these cases are inadmissable as either evidence or testimony due to their having been fraudulently dated March 1, 2005 while having never been prepared prior to March 7, 2005. This is sufficient cause for the immediate dismissal of this action;
I have been denied any opportunity to examine any reports prepared under Rules 26.4 and 26.5 as provided for in ARCr.P 23. This is sufficient cause for the immediate dismissal of this action;
I have been denied the right to express any objections to the contents of my presentence report as provided for in ARCr.P 23. This is sufficient cause for the immediate dismissal of this action;
As evidenced by the multiple case numbers for these proceedings, I have been denied the right against double jeopardy in violation of rights protected under the Fifth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
The Superior Court of Yavapai County has removed the burden of proof of criminal intent from the prosecution in conflict with and violation of Title 18 USC, Part 1, Chapter 44, Section 924(d). This is sufficient cause for the immediate dismissal of this action;
For my own part, there was never any intent to either break any law or cause any damage as required for conviction in any charges involving a firearm under the Firearm Owners’ protection Act of 1986, Title 18 USC, Part 1, Chapter 44, Section 924(d); this point was made to the arresting deputies and has been repeated ad nauseam throughout these proceedings. This is sufficient cause for the immediate dismissal of this action;
The Superior Court of Yavapai County has unlawfully shifted the burden of proof from the prosecution to the defendant in conflict with and violation of due process and the presumption of innocence in violation of rights protected under the Fifth and Fourteenth Amendments to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
Elements of the Yavapai County Sheriff's Office employed improper police practice and excessive force in the course of affecting my pre-arranged arrest, bludgeoning and wrongful detention in violation of Title 18 USC 14141. This is sufficient cause for the immediate dismissal of this action;
Agents of the Yavapai County Sheriff's Office were not acting in good faith or in the lawful performance of their duties while affecting my pre-arranged arrest, bludgeoning and wrongful detention in violation of Title 18, U.S.C, Sections 241 and 242. This is sufficient cause for the immediate dismissal of this action;
Agents of the Yavapai County Sheriff's Office have refused to be interviewed by my legal counsel regarding their participation in my pre-arranged arrest, bludgeoning and wrongful detention. This is sufficient cause for the immediate dismissal of this action;
This violation of the Sixth Amendment right to face my accusers is not only a violation of the deputies' oath(s) to uphold the Constitution and, therefor, grounds for immediate dismissal of the deputies from State employment, but also grounds for both criminal and civil actions against the individual deputies, the Sheriff himself and his entire Office. This is further cause for the immediate dismissal of this fraudulent criminal action;
Under ARS 13-4073 the deputies' refusal to be interviewed automatically makes them liable [to me] for one-hundred dollars ($100.00) each; I hereby claim the right to a sum of one-hundred dollars ($100.00) each from deputies Candace Acton (406), Oscar Alvarez (427) and Mark Boan (447) of the Yavapai County Sheriff's Office;
Deputies of the Yavapai County Sheriff's Office were acting beyond the scope of their official authority and not in the line of duty while affecting my pre-arranged arrest, bludgeoning and wrongful detention, thereby making themselves accomplices to the crimes of their co-conspirator John Lee "Killer" Schnabel, who filed the false report upon which the deputies subsequent actions were based. This is sufficient cause for the immediate dismissal of this action;
Verifiable crimes the Yavapai County Government's deliberate failure to prevent and knowing facilitation of that were committed by the Yavapai County Government's co-conspirator John Lee "Killer" Schnabel on my property while I was unlawfully being held captive by the Yavapai County Sheriff's Office following [Killer's] fraudulent police report, and while I was being held on unlawfully excessive bail [set by Judge Markham at the Yavapai County Attorney's request], include but are not limited to violations of Arizona Revised Statutes 13-302, 13-1002, 13-1003, 13-1201, 13-1202, 13-1203, 13-1204, 13-1502, 13-1503, 13-1504, 13-1505, 13-1506, 13-1507, 13-1508, 13-1602, 13-1603, 13-1604, 13-1802, 13-2004, 13-2006, 13-2008, and so many other crimes and criminal activities as to be too numerous for me to afford the printer paper to publish the entire list;
This veritable crime wave is not only sufficient cause for the immediate dismissal of this action, but begs investigation into the racketeering, robbery, extortion and other crimes either facilitated, solicited or actually perpetrated by agents, employees and appointees of the corrupt organization known as the Yavapai County Government;
Yavapai County Sheriff's Office deputies, agents of the Yavapai County Attorney's Office and officers of the Superior Court of Yavapai County have made themselves principles in these crimes through facilitation (ARS 13-1004), and conspiracy (ARS 13-1003). This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office acted in violation of Title 42 U.S.C. 1985 and 1986. See Andrade v. Jamestown Housing Authority, 82 F.3d 1179 (1st Cir, 1996) and specifically failed to prevent the execution of a discriminatory and retaliatory trespass after eviction under Title 42 U.S.C. 3604, 3617; 42 U.S.C. 12203, 34-18-46, 34-37-4, 34-37-5.1. This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office have perpetrated numerous color-of-law violations of Title 42, U.S.C, Section 14141, Title 42, U.S.C, Section 1997, Title VI of the Civil Rights Act of 1964, Title 18, U.S.C, Section 242, the Omnibus Crime Control and Safe Streets Act of 1968, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability including but not limited to excessive force, false arrest/fabrication of evidence, deprivation of property, and failure to keep from harm, all of which I have suffered at the hands of uniformed deputies of the Yavapai County Sheriff’s Office. These are ten additional causes which are each sufficient for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office conspired to violate Title 42, U.S.C, Section 14141 and followed through on their conspiracy in the course of this active case. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has engaged in the use of torture as defined in Section BH035 of the Geneva Convention (III). This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office conspired to deprive me of rights secured by the constitution in violation of TITLE 18, U.S.C, Sections 241 and 242. This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office have, in connection with this case, committed myriad misdemeanor, felony and even capital crimes under the color of law in coordinated efforts to circumvent 42 U.S.C. Section 1983. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has withheld evidence in violation of the Freedom of Information Act and the Arizona Open Records Act. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has destroyed evidence in violation of rights protected under the Sixth, Ninth, Tenth and Fourteenth Amendments to the Constitution of the United States of America. These are sufficient causes for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has fabricated evidence in violation of rights protected under the Sixth, Ninth, Tenth and Fourteenth Amendments to the Constitution of the United States of America. These are sufficient causes for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has falsified public record in violation of rights protected under the Sixth, Ninth, Tenth and Fourteenth Amendments to the Constitution of the United States of America. These are sufficient causes for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has altogether refused to abide by the Arizona Open Records Act. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Sheriff's Office has engaged in systemic derivations of the constitutional rights of institutionalized persons under Title 42, U.S.C, Section 1997. This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office committed more than two-hundred (200+) individual Title II violations of the Americans with Disabilities Act between February 28 and March 30, 2005. This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office deprived me of physician-prescribed medications on one hundred twenty (120) separate instances over the designated thirty day period. This is sufficient cause for the immediate dismissal of this action;
Deputies of the Yavapai County Sheriff's Office deprived me of physician-prescribed wheelchair no less than fifteen individual times, each instance of which constitutes a Title II violation of the Americans with Disabilities Act. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Sheriff's Office continues to exhibit the following policies or practices which foster a pattern of misconduct:
- Lack of, or improper training of officers,
- Lack of supervision/monitoring of officers' actions,
- A citizen complaint process which treats complainants as adversaries. 45,
- Officers not providing justification or not reporting incidents involving force;
Elements of the Yavapai County Sheriff's Office employed improper police practice and excessive force in the course of affecting my pre-arranged arrest, bludgeoning and wrongful detention in violation of Title 18, USC, Section 14141. This is sufficient cause for the immediate dismissal of this action;
The person in charge of the Yavapai County Sheriff's Office, one Steve Waugh, is accustomed to violating the laws of the United States with impunity and the likelihood of his refraining from doing so in further proceedings of this live action is negligible. This is sufficient cause for the immediate dismissal of this action;
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States;
Criminal acts under color of law include acts not only done by local, state, or federal officials within the bounds or limits of their lawful authority, but also acts done beyond the bounds of their lawful authority;
Color of law may include public officials who are not law enforcement officers, for example, judges and prosecutors, as well as, in some circumstances, non governmental employees who are asserting state authority, such as public defenders or private security guards;
The Supreme Court has had to interpret the United States Constitution to construct law regulating the actions of those in the law enforcement community. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed;
I have personally witnessed elements of the Yavapai County Sheriff's Office violate Arizona Revised Statutes 13-115, 13-301, 13-302, 13-1001 A 1,2,3 and B, 13-1203, 13-1003 (A) (B) (C) and (D), 13-1004, 13-1201, 13-1204, 13-1303, 13-1304 A3 and 4, 13-1508, 13-1601, 13-1602, 13-1902-2 A, 133-1903 A, 13-1602 A 1, 2 and 3, 13-1603 A 1, 13-1604 13-1802 and 13-2006(A) (3). These thirty causes are each sufficient for the immediate dismissal of this action;
A veritable plethora of acts committed by bonafide agents of the Yavapai County Government, as described in this Statement, meet all requirements for criminal liability under ARS 13-201. This is sufficient cause for the immediate dismissal of this action;
I have seen evidence which would lead any reasonable person to believe they could be prevented or hindered from receiving full, fair, impartial hearings or the full, fair, impartial administration of justice. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has wholly avoided any pretense of attempting to meet the state-of-mind requirements of ARS 13-202 (A). This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has altogether failed to establish any preponderance of evidence that might suggest any criminal offenses have actually taken place. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has committed an act or acts of treason against the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has never, at any time, pretended to fulfill the burden of proof requirements of Rule 16.2.(1)a (4)b. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has prevented and hindered me from receiving full, fair, impartial hearings or the full, fair, impartial administration of justice. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has actively, knowingly and wantonly withheld and destroyed evidence of justification of my own actions under ARS 13-405, 13-407, and 13-408. This is sufficient cause for the immediate dismissal of this action;
The Yavapai County Attorney has withheld and destroyed further exculpatory evidence of my innocence under ARS 13-411 (A) (B) and (C), 13-412 (A) and 13-413 (A). This is sufficient cause for the immediate dismissal of this action;
The documented fact that thirteen dangerous felony charges have been reduced to three non-dangerous charges is lucid and irrefutable evidence of overcharging, establishing grounds for dismissal of this case for prosecutorial misconduct;
Together with the previous case made against me by co-conspirators Acton and Polk’s chicanery in January of 2000, when twenty-four charges, thirteen of them felonies, were reduced to a single non-dangerous misdemeanor, the Yavapai County Attorney’s acts demonstrate an established “practice or pattern” of prosecutorial misconduct which warrants federal investigation and is further cause for the immediate dismissal of this action;
The person in charge of the Yavapai County Attorney's Office, Yavapai County Attorney Sheila Polk, is accustomed to violating the laws of the United States with impunity and the likelihood of her refraining from doing so in further proceedings of this live action is negligible. This is sufficient cause for the immediate dismissal of this action;
Elements within the Superior Court of Yavapai County are operating outside the laws of the United States of America in direct contradiction to and in violation of the very laws they are charged with upholding and enforcing. This is sufficient cause for the immediate dismissal of this action;
Nonfeasance and abuse of judicial discretion by the judicial officers involved in this case, by and through their failure to have dismissed this case for any of the more than one-hundred and fifty relative, valid and legitimate points of law, each of which is specified and cited herein, on which this case should have been dismissed, is itself sufficient cause for the immediate dismissal of this action;
Certain orders issued by the Superior Court of Yavapai County in violation of federal laws and code are void, unenforceable and may constitute an act or acts of treason against the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
In posting excessive bail under advisement from the prosecution and in violation of my right to the presumption of innocence as well as in violation of the Eighth Amendment and Title 18, USC subsections (g) and (n) of section 922, and in setting unlawful restrictions in his conditions for my release from custody, the Honorable Arthur Markham knew, or should have known, that under the Supreme Law of the Land:
"Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law, and, when that is discerned, it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge; always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law." [Emphasis in original]. Littleton v. Berbling, 468 F.2d 389, 412 (7th Cir. 1972), citing Osborn v. Bank of the United States, 9 Wheat (22 U.S.) 738, 866, 6 L.Ed 204 (1824); U.S. v. Simpson, 927 F.2d 1088, 1090 (9th Cir. 1991);
When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326;
In upholding and affirming the unconstitutional conditions of release set by Judge Markham, Judges Kiger, Stirling and Darrow knew, or should have known, that the void judgment brought before them remains void even if they did not vacate it. Judges Kiger, Stirling and Darrow knew, or should have known, that the void judgment was not affirmed nor validated by their failure to properly exercise their judicial duty. This is sufficient cause for the immediate dismissal of this action;
Judges Kiger, Stirling and Darrow knew, or should have known, that they had the duty, and had no discretion, to vacate void orders and judgments. These judges knew, or should have known, that they had conscientiously, arbitrarily, capriciously, deliberately, intentionally, and knowingly engaged in conduct in violation of their duty as judges, and further engaged in violation of the Supreme Law of the Land.
"We [Judges] have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the Constitution." [clarification added] U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821). This is far more than sufficient cause for the immediate dismissal of this action;
Judges Markham, Kiger, Stirling and Darrow should not have engaged in treason against the Constitution, a Constitution to which they have each taken a personal oath to support;
Since judges who do not report the criminal activities of other judges become principals in the criminal activity under Title 18 U.S.C. Section 1, and since no judges have reported the criminal activity of the judge who issued orders violative of constitutional rights, the other judges are as guilty as the judge who initially issued the void orders. This is sufficient cause for the immediate dismissal of this action;
"Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction." Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872);
Judges have no judicial immunity for criminal acts, aiding, assisting, or conniving with others who perform a criminal act, or for their administrative/ministerial duties. When a judge has a duty to act, he does not have discretion - he is then not performing a judicial act, he is performing a ministerial act;
A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938);
Judicial immunity does not exist for judges who engage in criminal activity, for judges who connives with, aids and abets the criminal activity of another judge, or to a judge for damages sustained by a person who has been harmed by the judge's connivance with, aiding and abetting, another judge's criminal activity;
When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law, and are engaged in treason (see below) Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962);
"The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law.”
The above is applicable to this court by application of Article VI of the United States Constitution and Stone v Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976);
"State courts, like federal courts, have a constitutional obligation to safeguard personal liberties and to uphold federal law."
The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original]. By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person);
If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason;
Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821);
“Extortion” is defined in Black's Law Dictionary - 6th Edition as:
“The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.”
Should anyone attempt to execute on the void order that Judge Markham overstepped his authority to dictate and that Judges Kiger, Stirling and Darrow had, under their judicial responsibility, a duty to vacate, or the void judgment subsequently issued by Judge Darrow in this case, then he or she will have personally aided and abetted a scheme of extortion and other criminal activity. Judge Markham and all other parties named herein will then be involved in the unlawful act of racketeering, in violation of 18 U.S.C. Section 1951;
Violations of Title 18, U.S.C, Section 241 (Conspiracy Against Rights) by combined elements of the Yavapai County Government may be construed as a Hate Crime under Federal law. This is sufficient cause for the immediate dismissal of this action;
Violations of Title 18, U.S.C, Section 245 (Interference with Federally Protected Activities) by combined elements of the Yavapai County Government may be construed as a Hate Crime under Federal law. This is sufficient cause for the immediate dismissal of this action;
Violations of Title 18, U.S.C, Section 844 (h) (Using Explosives or Fire in the Commission of a Felony) by the Yavapai County Government's co-conspirator John Lee "Killer" Schnabel may be construed as a Hate Crime under Federal law. This is sufficient cause for the immediate dismissal of this action;
This action is, by its very nature, arbitrary and capricious and violative of due process. This is sufficient cause for the immediate dismissal of this action;
Co-conspirators Acton, Alvarez, Boan, Darrow, Felker, Kiger, Markham, Moore, Polk, Sterling, Sullivan, Waugh and Zavos knew, or certainly should have known, that they had conscientiously, arbitrarily, capriciously, deliberately, intentionally, and knowingly engaged in conduct in violation of the Supreme Law of the Land, in violation of their duties under the law, in "fraud upon the court" and to aid and abet others in criminal activity, thus making themselves principals in the criminal activity. This is sufficient cause for the immediate dismissal of this action;
In Stump vs. Sparkman the court did rule that a judge can be sued for acts in "the absence of all judicial authority."
"So strong [was] the citizens' distrust of sitting State Court Judges in Arizona, that after Arizona copied the Federal Rules of Civil Procedure, it added the present Rule 42(f)(1) to provide a mechanism for a litigant to permanently remove the assigned judge from the case." Joint Res. No. 8, 8/21/11, 37 U.S. Stat. 39, cited in Vol. 1, Ariz. Rev. Stats.
Any Judge who stands in the way of justice and the law is acting outside of all judicial authority and thereby waives his rights to immunity from civil liability;
My conviction, while I remain permanently confined to a wheelchair and require prescription medications six times a day, may qualify as bailable even after conviction under the exceptions clause of ARS 13-3961.01, which states, "A person shall not be continued at large on bail or be admitted to bail after conviction of a felony offense for which the person has received a sentence of imprisonment except when the superior court or a judge thereof is satisfied upon investigation that the person in custody is in such physical condition that continued confinement would endanger his life." (Emphasis added);
The prison system of the State of Arizona is presently being run under contract by the lowest competing bidder and the infirmary of each prison is likewise under the administration of the lowest competing bidder; those prescription medications which are allowed within the system are dispensed only twice daily;
Deprivation of medically prescribed medications constitutes a Title II violation of the Americans With Disabilities Act;
The 14th Amendment guarantees the fundamental rights of citizens to due process and such rights require strict scrutiny of the Court;
The State's key witness in this case is a long-term mental health patient with long and well-documented histories of psychosis, delusions and extreme violence - up to and including persistent boasts of having killed more than two hundred human beings and insisting on being called by his self-coined nickname of "Killer" - as well as a more than thirty-year addiction to morphine, an ongoing problem with methamphetamine and the usual criminal activities one normally associates with long-term drug addiction;
The State's star witness is furthermore an individual whose reputation in the community for having caused trouble and for subsequently having been evicted from very literally every residence he has ever inhabited, as well as for threats, drug dealing and retaliatory violence identical in nature to those acts that lead to his eviction from my property and the acts necessitating these proceedings. This witness is impeachable under Rule 609. This is sufficient cause for the immediate dismissal of this action;
Candace Acton and the other two sheriff’s deputies who attacked me, tackled me off of my walker, handcuffed me, held me down in my own front yard to take turns beating my face with their flashlights and tried to murder me, then each and all lied in their official reports are known to the investigators of the Yavapai County Sheriff’s Office Internal Affairs Department as habitual troublemakers. This is sufficient cause for the immediate dismissal of this action;
All three deputy witnesses for the State possess notoriously tarnished reputations in the community as having been habitually abusive of their authority as sheriff's deputies, consistent in their use of excessive force while affecting arrests, and have been the subjects of dozens of complaints regarding police misconduct and criminal activities under the color of the law . This is sufficient cause for the immediate dismissal of this action;
Oscar Alvarez has a highly verifyable and extremely well documented history of substance abuse and domestic violence including numerous criminal charges - all of which have been summarily dismissed by the Superior Court of Yavapai County as either "professional courtesy" or "collusion." This is sufficient cause for the immediate dismissal of this action;
Acton herself has publicly declared herself to have made false arrests on fabricated charges unrelated to the true unlawful purpose(s) for which arrestees were detained. This is sufficient cause for the immediate dismissal of this action;
The third of the three deputies, Mark Boan, has already perjured himself in this case by deliberately lying about at least three different things in his arrest report in a clear attempt to preempt my defense, falsifying public record. This is sufficient cause for the immediate dismissal of this action;
All three of these unethical law enforcement witnesses, by way of their unsavory character and personal histories of disregard of and lack of respect for the Law, are most highly impeachable under Rule 609. This is sufficient cause for the immediate dismissal of this action;
The entire Yavapai County Government has been, is and shall continue operating in a manner contrary to and in violation of the laws of the United States of America unless someone stands up and demands accountability. As presently run, the Yavapai County Government is a Criminal Enterprise as defined by RICO - U.S. v. Murphy, 768 F.2d 1518, 1531 (7th Cir. 1985) and Bracey v. Gramley, case No. 96-6133 (June 9, 1997). This is sufficient cause for the immediate dismissal of this action;
Among the relevant international instruments under which personnel of the Yavapai County Government may be held liable are: Section BH035 of the Geneva Convention (III), the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Standard Minimum Rules for the Treatment of Prisoners, the Vienna Convention on Consular Relations, article TIAS 8061 of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. The violation of these six instruments are each sufficient cause for the immediate dismissal of this action;
The Yavapai County Government has classified me as a criminal, without any benefit of due process, and therefore identified me as an enemy combatant in a declared “war on crime.” The acts and omissions of various authorized agents of the Yavapai County Government have violated no less than a dozen provisions of the United States Army Field Manual "The Law of Land Warfare," 1956 America. This is sufficient cause for the immediate dismissal of this action;
In waging war against a private citizen of the United States of America, the Yavapai County Government has violated Article III, Section 3. Clause 1. of the Constitution of the United States of America, which states:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two witnesses to the same overt Act, or on Confession in open Court."
This is sufficient cause for the immediate dismissal of this action;The international war crimes that the Yavapai County Government is guilty of are all and alike acts of treason against the United States of America. This is sufficient cause for the immediate dismissal of this action;
Each and all of the acts with which I have been charged in [these] case[s] are justifiable and legal acts under ARS 13-411 A, B and C. The farcical pretense that any crime has been committed is a component of conspiracy designed to deprive me of family heirloom property valued at more than six-thousand dollars and to simultaneously fulfill Sheila Polk's February 2000 vow to see that I go to prison and do not come out alive. This is sufficient cause for the immediate dismissal of this action;
At no time has the Yavapai County Government shown that my incarceration would in any way serve the public interest of the citizens of Yavapai County, of the State of Arizona, or of the United States of America. This is sufficient cause for the immediate dismissal of this action;
There are, in point of fact, more than one hundred and fifty valid and legitimate points of law referenced in this Statement - any one of which is and has been sufficient cause for this case to have been dismissed over the past fifteen months that this case has been before this court;
This court's failure and refusal to have done so poignantly demonstrates which side the court has chosen to play on;
The mere fact that any side at all has been chosen by the court itself would have been cause for any judicial officer with the merest modicum of integrity or even superficial respect for the institute and concept of justice to recuse themselves;
I therefore put the Court on notice that I intend to defend my rights and to hold the Court liable for any and all acts the Court takes against me that are done in the absence of judicial authority;
I reserve the right to an appeal;
I reserve the right to political and religious freedom;
I reserve the right to bear arms;
I reserve the right against unreasonable searches and seizures;
I reserve the right to due process of law;
I reserve the right to just compensation;
I reserve the right to a fair and impartial trial by jury;
I reserve the right to be confronted with the witnesses against me;
I reserve the right to have compulsory process for obtaining witnesses in my favor;
I reserve the right to assistance of counsel;
I reserve the right against double jeopardy;
I reserve the right against excessive bail;
I reserve the right against the infliction of cruel and unusual punishments;
I reserve the right to equal protection under the law;
I reserve the right to vote;
I reserve the right to recover damages.
I reserve the right to sue and prosecute the State of Arizona, certain political subdivisions of that body politic and certain persons within that body politic in both their personal and individual capacities;
I agree to abide by the judgement of this court only until such time as said judgement is inevitably reversed by a higher court not associated with the criminal enterprise known as the Yavapai County Government;
The bizarre nature of these proceedings has precluded any pretended adherence to Rule 26. Sentencing is therefore arbitrary and punitive. This is sufficient cause for the immediate dismissal of this action;
Having witnessed firsthand the judicial abuse of discretion, judicial misconduct, malicious prosecution, vindictive prosecution, prosecutorial misconduct, abuse of process, malfeasance, misfeasance, nonfeasance, ethics violations, fraud upon the court, civil rights violations, police misconduct and legal misconduct for which the Yavapai County Government is rightly infamous, I state for the record that it is impossible for me to receive a fair trial in Yavapai County and have plead “guilty” only under duress;
Meanwhile, officers of this court have, in collusion with the alleged victims and others, brazenly and overtly destroyed, withheld, altered and fabricated evidence as part of a longstanding and ongoing personal vendetta against me by Sergeant Candace Acton of the Yavapai County Sheriff’s Office and by Yavapai County Attorney Sheila Polk;
The entire Yavapai County Government is a criminal enterprise, with specific criminal acts having been committed by elements of the YCSO, the Yavapai County Attorney’s Office and the Justice and Superior Courts of Yavapai County - many but not all of the criminal acts undertaken by elements of the Yavapai County Government are described in detail herein;
The Yavapai County Government regularly engages in extortion and, as an entity, stands in violation of virtually every provision of the federal Racketeer Influenced and Corrupt Organizations [RICO] Act. (Title 18, U.S.C, Part I, Chapter 96, Section 1961.);
I would like to petition this court to issue an order for the immediate and thorough investigation of corruption, graft, extortion, fraud upon the court, conspiracies and schemes of a criminal nature, and other wrongdoing under color of official right within the Yavapai County Government including but not limited to the Yavapai County Sheriff’s Office, the Yavapai County Attorney’s Office and the Superior Court of Yavapai County;
I fully realize, however, that would be asking the fox to guard the hen-house and no sane person could expect an affirmative response to such an impotent request;
Although the acts of February 28, 2005 have been portrayed as reckless, rash and impulsive on my own part, I must state plainly and succinctly that they were none of those things;
I had given much thought to alternative methods of putting an end to the constant threats of violence, the midnight-til-dawn traffic and other trappings of “Killer” John Schnabel’s illegal activities and determined well beforehand that a show and use of force might be an unavoidable necessity;
I had explored every likely eventuality with calm reason and logistics based upon all known facts until I felt certain that my own actions that day would neither harm anyone, nor place anyone in danger of any kind;
When I fired four shots into the derelict vehicle at 1:30 P.M. on the twenty-eighth of February, 2005, I pointed deliberately at the engine compartment to ensure that any fired bullets would be safely stopped and not be deflected or go astray;
Yavapai County Attorney Sheila Polk and YCSO deputy Candace Acton would have this court believe that a normal person could not possibly be in fear for their life, in fear for their spouse's life, or in fear for the safety and well being of their property when confronted by a hopped-up mental patient who insists on being called "Killer," and who was legally evicted from the property three weeks earlier, then came back wearing a sidearm and repeating his previous and ongoing (yes, even now!) threats of murder and arson - both of which were attempted, by the alleged victim, within a week of my arrest!
The many previous attempts made by my wife Karin and me to have the alleged victim “Killer” Schnabel removed from our property had failed and his continued trespass had been an ongoing problem for more than six months, and all the while complaints from the entire neighborhood regarding the alleged victim’s presence and apparent criminal activities grew in both frequency and voracity;
Karin and I both made numerous complaints to the Yavapai County Sheriff’s Office about Killer using and dealing illegal drugs from our property, threatening both our lives, threatening to burn down our home and voicing other such similarly hostile intentions and sentiments as to fill many more pages than this already lengthy document now contains;
Killer was left with no doubt as to his own unwelcome status on our property and we were left with no uncertainty as to a violent retaliation should we attempt to force him to leave. Both his own feelings and ours were well known throughout the community and the consensus was that some act of violence in which one or more persons would be seriously injured or killed was inevitable;
Furthermore, YCSO had made it clear - up to and including the very day of the twenty-eighth of February 2005, that any such efforts to forcibly remove Killer from our property would be undertaken with no aid forthcoming from jurisdictional law enforcement;
When I handed Killer a typed and signed eviction notice in accordance with ARS 33 - 1313 (B) on the 7th of February, 2005, I allowed him twenty days to remove his belongings from the property - even though the cited statute allows only ten;
It remains my sincerest belief that what I did was not only the right thing to do; it was the only thing to do. “Killer” would not have responded to any other course of action and, had he remained on the property, Karin’s life, my life, and even the very property itself would have been in grave danger;
There was no malice intended, certainly no criminal intent and no-one was harmed in any way - other than my having been beaten nearly to death while handcuffed under the color of law by Sergeant Acton and her cohorts, but that was several hours after-the-fact;
The mere prosecution of this case with the burden-of-proof on the prosecution to show criminal intent having been effectively removed is, in and of itself, violation of United States Code, Title 18, Chapter 44 - Part I - Sec. 922(g) and (n), thereby making all subsequent judgements and orders in this case Void ab inito;
Enough other federal, State and local statutes, ordinances, laws, codes, rules of court, rules of law and concepts of common civil decency have been broken by agents of the State to necessitate an appendix of their own (attached);
My many requests, dating back to March 1, 2005, for my wife and myself to be allowed to testify before a Grand Jury regarding police misconduct have gone wholly ignored;
This statement, in its entirety, contains much but not all of the information I had hoped to present had I not been denied the right to so testify;
It is my hope that the incidental crimes committed by the individuals named in this statement are each and all investigated honestly and prosecuted according to their merit;
In November of 1999 I completed the YCSO Search and Rescue Posse academy;
At that time I was also teaching Community First Aid and Safety classes and manning the phones three days a week as a volunteer at the Prescott Red Cross;
Since resigning my position as head of the Basic Life Support program at Baptist Nursing College, I had been supporting myself by building internet web sites;
At winter’s solstice in ’99 I was the main announcer at the judges' stand for the '99 Christmas lights parade in downtown Prescott;
In January of 2000 in addition to the consulting and code construction I had undertaken for hire, I was engaged in building websites pro bono for channel thirteen public access t.v. in Prescott, the Heritage Park Zoo and the local Red Cross;
I was active in the community and was actively participating in making the community a better place to live;
On the eighteenth of January, 2000, one Judy Deneal Hempel - an estranged ex-girlfriend whose incessant attempts to renew our relationship I had repeatedly scorned - began a series of events that have lead inexorably to today’s sentencing;
On that date, Mrs. Hempel sought and obtained an Order from the Justice Court of Yavapai County based upon false testimony and malicious fabrications;
The Order was granted by the Honorable Howard Hinson, whose performance in his present judicial appointment seems to have mirrored his performance as a Public Defender earlier in his career, where he is recorded to have never successfully defended any client;
In her hand-written statement to the court, Mrs. Hempel stated that she believed herself to be an instrument of divine retribution, whose purpose it was to “make [me] pay for all the bad things [I] have done in [my] life.” and stated that she had acquired both a handgun and a rifle toward that end;
Upon reading the statement - again, in Mrs. Hempel’s own hand - the late Honorable Robert Kiebler issued an Order of Protection on my behalf prohibiting Mrs. Hempel from owning, possessing or receiving firearms or ammunition, even though - or perhaps because - Mrs. Hempel denied ever having written the statement.
On the twentieth of January, 2000, Mrs. Hempel solicited the aid of YCSO deputies Felker and Zavos in her scheme and they responded by knocking on my door and asking if I had “naked pictures of [her] on [my] computer,” to which I responded in the affirmative, invited the deputies inside and offered to show the pictures to the two deputies;
The deputies accepted my invitation to view the “evidence” and deputy Felker observed that [Mrs. Hempel] was “looking right into the camera” and that all of the photos were attachments to e-mails sent to me by Mrs. Hempel;
Deputy Felker is no rocket scientist, but he had sense enough to take a moment to view readily available evidence and he had been able to draw the proper conclusion;
Deputy Felker told me that Mrs. Hempel had alleged that I had secretly taken the photos without her permission, and both deputies added a personal warning for me to “look out” because Hempel meant to cause trouble for me;
Felker next stated that Hempel had reported that I had an illegally sawed-off shotgun, and asked if I would show him that as well;
I told him that it was in storage but I would be happy to get it out for him to look at if he would take me to the storage unit and home again after, explaining that I had, indeed, sawed off my Grandfather’s old farm gun but that the barrel was eighteen and one-half inches long while the overall length was twenty-seven and one-eighth inch; He said he did not need to see it to believe me, as everything else that Mrs. Hempel had told him had already turned out to be patently false.
The deputies also asked me to burn a CD-ROM of the pornographic photos Mrs. Hempel had e-mailed to me for them, which I did;
As the two deputies were leaving, I asked them whether or not it was a felony crime to file a false police report and they affirmed that it was, but nonetheless refused to provide equal protection under the law as provided for in the Fourteenth Amendment to the Constitution of the United States of America, and would not pursue the matter. This violation of their oath to support, uphold and enforce the Constitution may be an act or acts of treason;
Having failed to affect my arrest by filing a false police report on January 20th, Mrs. Hempel again contacted YCSO on the twenty-first of January, 2000, this time recruiting deputies Loughridge and Acton into her growing conspiracy;
With evidence overwhelmingly against her allegations of my having photographed her secretly, Mrs. Hempel embellished her story for Acton and Loughridge with further allegations of domestic violence, child abuse and child pornography;
Chagrined by self-hypnosis and filled with imaginary righteous indignation of bona fide good guys, deputies Acton and Loughridge allowed Mrs. Hempel’s unsubstantiated report to cause them to wholly disregard their oaths to uphold and enforce the Constitution of the United States;
Acton and Loughridge determined between themselves that they were willing to break the very laws they have chosen careers enforcing in order to remove a person from open society based solely upon a jilted ex-girlfriend’s claim that he was dangerous;
Neither Acton nor Loughridge seemed the least bit concerned that their actions fully circumvented due process and eliminated any need for either a judge or jury;
The deputies let themselves in my front door without so much as knocking, asked me if my name was my name, and informed me that I was under arrest for having violated the court’s order against contacting Mrs. Hempel;
Any sane person would have at least protested that the deputies had violated no less than half of the Bill of Rights simply by entering as they did; those familiar with Constitutional Law would probably have shot them both.
When I protested that I had not contacted her, Loughridge simply said, “I know,” as he continued to fasten his handcuffs on me;
I neither complained nor harmed either of the armed and vicious home invaders, as they had made it clear that they knew full and well that what they were doing was illegal and that they did not mind breaking the law at all;
At that time I was renting a room from my friend Linda Landrum; deputy Acton kept demanding to see Linda “to make sure she’s all right.”
When I awoke Linda, Acton demanded that she produce her three-year-old son Korick, and Linda, in turn, woke the child for deputy Acton;
As Loughridge manhandled me into the YCSO vehicle, Acton said to Linda Landrum, “You’re safe now, you can tell us what really happened,” and admitted that she and her partner had knowingly affected the false arrest in order to protect Linda from the abuse that a “friend” had informed the deputies she was suffering at my hand;
Hempel, posing as “Linda’s friend,” had pretended to have been worried for Linda’s safety and the safety of her son Korick;
Linda complained that she had been ill for three days and that her baby-sitter had just been arrested for no legitimate reason;
Linda Landrum eye-witnessed the entire incident and is prepared to testify that everything related here is true;
According to established procedure and an habitually practiced pattern of behavior, YCSO deputy Loughridge overcharged me with a broad spectrum of more than two dozen crimes; more than half of them felonies;
When LOUGHRIDGE enumerated the thirteen felonies and eleven misdemeanors with which he was charging me, I again protested, "that's not what I did," to which he responded, "I know, but what you did isn't against the law, and this is the closest thing I could find to hold you on."
When deputy Loughridge told me that one of the things I was being charged with was the crime of “surreptitious photography,” I noted that “surreptitious” means “secretly or without consent.” and pointed out that all of the photos had been sent to me from the alleged victim;
Loughridge wasn’t willing to talk about the evidence but asked instead how someone like me could know the meaning of “such a big word” as “surreptitious” when someone as smart as he had needed to look it up;
I declined making a response with great difficulty;
By the time all of the bogus charges were dropped and I was coerced by the County Attorney into pleading guilty to a misdemeanor I had not committed, I had spent forty-seven days in jail, lost my business and had all of the tools of my trade confiscated and destroyed;
As Wayne Loughridge was presenting a fabricated testimony before the Grand Jury, Mrs. Hempel, with Candace Acton by her side, was recruiting Assistant County Attorney Sheila Polk into her burgeoning little conspiracy; at the behest of Mrs. Hempel, the self-proclaimed avenging hand-of-god, Sheila Polk vowed that she would make certain that I would spend the rest of my life in prison;
These overt violations of oaths to support, uphold and enforce the Constitution may be an act or acts of treason, although the illegality of doing so does not appear to have caused Candace Acton, Sheila Polk or Wayne Loughridge any great conflict of conscience;
After LOUGHRIDGE had falsely testified - as the only witness - before a Grand Jury in order to obtain an illegal search warrant; broken into Ms. Landrum's home; ransacked the room I had been renting; and stolen many of my personal belongings, including but not limited to the computer I had been using to earn a livelihood (which wasn't returned for a full year - and then it was inoperable), computer peripherals (e.g. Scanner, compact disc burner, digital camera and software - some of which was never returned or compensated for in any way) and removed all of my photographic and computer equipment while I remained unlawfully jailed;
Even though nearly all of my unlawfully seized property was eventually returned, two weeks short of a whole year later, my computer and digital camera were irreparably damaged - as was my reputation in the community and my business as an internet consultant and webmaster. Mrs. Hempel had either sent e-mails to, or visited in person, each of my clients to inform them that I would be unable to complete my work for them because I was in jail for having kiddie porn on my computer, which was one more lie;
Several CD-ROMs, a state-of-the-art, top-of-the-line Macintosh PowerBook, a packet of opium poppy seeds and various other items were either destroyed while under the care of the Yavapai County Government or were never returned or compensated for in any way;
Uncompensated taking of property is a violation of the Sixth Amendment to the Constitution of the United States of America. This violation of the Constitution may be an act or acts of treason;
Having caused the loss of both my livelihood and the destruction of the tools needed for me to pursue that field of endeavor was only the beginning of the conspiracy begun by Mrs. Hempel, which is still being played out by Acton, Polk and their coconspirators;
When all charges against me in the January 2000 case but one class one misdemeanor were dropped, Sheila Polk and Candace Acton continued to actively scheme and plot to imprison me, based upon Mrs. Hempel’s ravings and fueled by their failure to convict me on any of the two dozen false charges they had together fabricated against me;
In the forty-seven days and nights I spent as a prisoner of the Yavapai County Government I began to have recurring nightmares in which I would be released from custody and go home - only to have sheriff’s deputies again come through my front door without knocking and announce that I was being arrested for a crime or crimes which they admitted knowing I had not committed;
I became and remain convinced that this community I had invested so much time and energy into making a better place is under the oppressive thumb of fascist petty tyrants who are more concerned with their personal greed and lust than with improving the community or the standard of living for those of us who live here;
Since that epiphany I don't go out much anymore. No teaching, no volunteering, no parades and no search and rescue - or any other involvement not absolutely necessary and unavoidable - with the YCSO;
I have lived in constant fear of abuse and false arrest at the hands of corrupt individuals in positions of authority who have become accustomed to abusing their power with impunity;
For several years now, I go out to eat only twice a year, to take my wife out to dinner on Valentine's day and for a family outing when my in-laws visit in the summer;
Otherwise, I do not leave my own property except to keep appointments with my doctors;
Any sane, rational person might expect that such sacrifices of personal freedom as I have made might buy a modicum of peace and security;
Contrariwise, the deputies of the YCSO have shown that they will employ deceit and subterfuge to gain entry to one's private property and attack, beat and try to kill peaceful, helpless, handicapped citizens with no more purpose or provocation than a petty personal vendetta more than five years old;
The irony of sworn law enforcement officers being chagrined that a person was not convicted after having knowingly filed more than two dozen false charges against that individual bespeaks a perception of that officer as being allowed carte blanche infringement of laws with no fear of legal consequences or ramifications; sheriff’s deputies who behave in such a manner betray a knowledge that the entire structure of the Yavapai County Government is a thoroughly corrupt criminal organization;
Nothing else can explain why YCSO deputies attacked and held down a crippled old hippy professor and beat [me] nearly to death with their flashlights;
Having been forced out of my self-employed business as an internet consultant by the Hempel incident, I teamed with Karin Wolf, a federal firearms licensee, engraver and jeweler, to operate a small scale custom firearm shop;
My limited and unsalaried role in Karin’s business was simply to occasionally disassemble her clients’ firearms so that she could engrave them, then reassemble them when she completed her engraving;
Any time that a firearm has been disassembled and reassembled, it is necessary to test the weapon for function and safety;
The property located at 2150 North Windmill Way in Chino Valley - formerly 2013 North Windmill Way - is:
- In unincorporated Yavapai County, where the discharge of a firearm is not prohibited;
- Wholly owned by Lorraine Rath, the natural and legal mother of Karin Wolf;
- Licensed by the Bureau of Alcohol, Tobacco and Firearms as a Class 01 dealer in firearms (license # 9-86-013-01-0A-36967) under 18 USC Chapter 44 in accordance with the provisions of Title I, Gun Control Act of 1968, and the regulations thereunder (27 CFR Part 178);
228) I safety tested numerous firearms at that location on several occasions with no complaints;
A new resident of the neighborhood who was unfamiliar with the practice, however, reported to the Sheriff’s office that shots had been fired on July 14, 2002;
The deputies that responded were Sergeant Van der Hooven, and deputies Candace Acton and Mark Boan;
Sergeant Van der Hooven prefaced our conversation by saying that it [is] not against the law to discharge firearms in that area, but added that it was necessary to investigate in order to see that no-one had been harmed;
I lead Sergeant Van der Hooven to where I had tested the handgun and he observed that my having fired into inoperable appliances and derelict vehicles in my own yard was completely legal and recommended building a safe back-stop of used tires, which he observed were in abundance; I subsequently followed his advice and constructed a back-stop according to Sergeant Van der Hooven’s design;
That is where I have done all safety tests since then;
Deputy Acton demanded to see the weapon that had been fired and radioed the serial number in to see if it was stolen;
It was a Colt Combat Commander, serial number 70-SC49337, with near-full-coverage engraving, sambar staghorn stocks and other custom work that, when totaled place the value of the weapon at over six thousand dollars;
Acton’s personal envy and desire for the highly customized Colt Combat Commander was as obvious as her unbridled contempt for me being its possessor;
She was reluctant to return the pistol and stated that it was “wrong” for “someone like [me]” to own such a nice and valuable weapon when she would never be able to afford one, and began a criminal scheme then and there to deprive me of family heirloom property that took her another three years to accomplish;
Boan not only voiced his own appreciation for the artistry of the weapon, but was quizzical regarding Acton’s expressed personal contempt for me;
Before the new neighbor became used to the idea, another two or three instances of guns being test-fired for safety were investigated by the YCSO, with Van der Hooven, Acton and Boan involved in the investigations;
Each time I was informed that no laws had been broken by my having fired into the derelict vehicles on my property, so long as there were no people, animals or houses in the line of fire, and Karin and I continued to work together customizing firearms for collectors;
Karin Wolf and I were married on August 26, 2003;
In November of 2004 my wife Karin and I became acquainted with a disabled Viet Nam veteran named John Schnabel, who was being forced from his home with nowhere to go and very limited finances;
From the beginning of April 2004 through February 7, 2005, John “Killer” Schnabel was an invited guest who was living on the property owned by my mother-in-law Lorraine Rath, who lives in California, and on which property my wife Karin Wolf and I have made our primary and sole residence; myself since June of 2000 and Karin since 1970;
Schnabel had agreed to assorted conditions before moving in but had altogether failed to abide by any of them for nearly a year;
In addition, once we had spoken to him about having to either start following the rules or finding another place to live, Schnabel had begun making both veiled and overt threats against both Karin and myself;
Specifically, he stated daily that if he had to simply kill the two of us in order to continue living on our property without anyone “bothering” him, he could and would do so;
He said this often and in the presence of various persons;
Concerned about his increasingly irrational behavior and signs that he was using or abusing methamphetamine, and possibly dealing drugs as indicated by the high volume of late-night traffic that kept us and our neighbors awake, I contacted Schnabel’s clinical psychologist at the Veterans’ Administration to seek advice on how to deal with him;
Her advice was that I keep in mind that I was dealing with a long-term mental patient with a history of violence and addiction problems, and that I should use “any means necessary” to protect my wife and myself;
At 2:30 A.M. on February 7th, 2005, my wife and I were awakened by the loud noise from a vehicle with a loose fan belt and no muffler being revved up in our front yard;
The roaring and squealing continued uninterrupted for half an hour before I finally got dressed and went to the door and shouted, “Turn it off!” at 3:00 A.M.
A similar incident had occurred a few weeks earlier just after 11:00 P.M. and I had demanded that the motor be turned off and, in that instance, it was turned off immediately;
At 3:30 A.M. on the 7th of February 2005, I went out and pointed a pistol at the vehicle’s engine and demanded, “Turn it off!”
“Killer” said, “No, I don’t have to because. . .” and I responded by turning and firing a single warning shot into the ground, on the opposite side of the vehicle from where Schnabel was standing;
Schnabel shouted, “Are you fucking crazy?” to which I responded, “You’re damn right I am; you’re driving the whole neighborhood crazy and it stops right now.”
Again I pointed the pistol at the vehicle’s engine and repeated, “Now, turn it off!” Schnabel reached into the vehicle through the driver’s side door and turned the motor off;
I knew that by this time all of my neighbors had been very rudely awakened, so I shouted at Schnabel as loud as I could in order to be sure that all the neighbors could hear me;
I said that no one in the neighborhood had ever shown such disrespect for others as to create such a nuisance in the middle of the night, that I didn’t do it out of respect for them and they didn’t do it out of respect for me, and that as long as he was living on my property I wouldn’t allow him to do it either;
Schnabel was waving his arms in the air and jerking around spasmodically as he stuttered and attempted to retort, but his speech was more incoherent than usual and it was obvious that he was once again high on methamphetamine, which had been a problem in the past and which my wife and I had suspected for some time that he had not only been using but also dealing from our property;
Killer’s daughter Nicole Schnabel was standing nearby and witnessed the entire exchange described above. She can and will verify the accuracy of the recollection;
After the exchange, I went back into my house but stayed up anticipating further trouble;
Instead, at about 3:45 A.M, I saw Schnabel and his daughter Nicole push the vehicle down my driveway and out into the street, where John started it up and drove away;
He did not return until about 2:00 P.M. the following afternoon;
By that time, I had gone on line and looked up landlord-tenant relations under Arizona Revised Statutes and discovered that the constant threats Schnabel had been making against my wife’s and my own life were sufficient grounds for immediate eviction under ARS 33-1313B - as was his use and distribution of a dangerous illegal substance;
I had also typed up an eviction notice to that effect and my wife and I had both signed it;
When I went out and handed the eviction notice to Schnabel, he tore it up and threw it on the ground without reading it, so I told him what it said;
I told him that he was evicted effective immediately and that he had until the end of the month to remove all of his belongings from our property; that was twice the length of time required by the statute;
On the twelfth of February, Schnabel arrived with two friends who all appeared highly agitated and were attempting to pick a fight or provoke either Karin or me into some sort of an altercation; they all refused repeated requests to either settle down or leave, beginning politely but escalating to obscenities over a period of more than an hour;
When Schnabel and his company began making threats of violence against Karin and me, I telephoned nine-one-one and requested assistance from the sheriff’s office;
Before a deputy responded, Schnabel and his cohorts fled and I again telephoned the sheriff’s office and told the dispatcher that their assistance was no longer needed (incident #05-05581);
After that I did not see him again except as he came and went, removing a carload at a time of what I then assumed to be his own belongings;
The third week I did not see him at all;
Throughout the whole time, John “Killer” Schnabel was not on our property for more than an hour or two at a time, ostensibly to retrieve his belongings, and with no further altercations;
I have since learned that in addition to retrieving his own things, he was also robbing my wife’s shop of her tools and other valuables right under my nose;
Although we had the shop locked, “Killer” is known to have a set of “master keys” and other manipulation devices that he uses as burglary tools;
When he returned at about 10:30 A.M. on the 28th of February 2005, brazenly wearing a government model .45 caliber pistol in an open-topped holster on his right hip, I confronted him and asked why he was back, to which he replied that he was “moving back in.”
I called the Yavapai County Sheriff’s Office and Deputy Legler responded (Incident # 05-007510);
Before Legler arrived, however, Schnabel had fled;
I explained all of the above to the deputy and told him that I had reason to believe that some of the derelict vehicles left behind by Schnabel might be stolen, adding that sheriff’s deputies had recovered at least one stolen vehicle that Schnabel had been responsible for bringing onto the property the previous November (incident 04-035814);
Deputy Legler radioed one of the vehicles’ identification number in, which did not return as stolen, but refused to investigate any further or check the dozen other suspect vehicles;
Deputy Legler stated that he had never heard of ARS 33-1313B and advised me that I would “probably” have to have his department [i.e. YCSO] evict Schnabel;
Within minutes of Deputy Legler’s departure, Schnabel returned, still wearing a sidearm, at about 12:45 P.M.
I once again confronted him and asked what he was doing on my property, and again he replied that he was “moving back in.”
I reminded him that he had been legally evicted three weeks earlier, that he had been given twenty days to remove his belongings when the law requires only ten, and that he was now technically guilty of armed criminal trespassing in the first degree;
He appeared to be high on meth, as usual, and threatened to murder me and my wife and to burn down our house and shop, as he had often threatened in the past, and stated that he had talked to a lawyer who told him that he had “squatters’ rights” and that I couldn’t make him leave;
I said that I didn’t care if he had spoken to the Pope, that he had been evicted by the book and that he had to leave;
He placed his hand on the .45 in the open-topped holster on his right hip and asked if I was going to shoot him, i.e. he said, “What’re ya gonna do, shoot me?” and I asked him if that was what he wanted me to do;
He continued behaving in a confrontational manner, repeatedly patting the pistol on his hip and saying that I couldn’t shoot him unless it was by accident, the way I had ‘accidentally’ shot the vehicle he had been “working on” three weeks earlier [In point of fact, I had done no such thing, but had fired into the ground.];
At that point, I took a pistol out of my own right front pocket and, being careful to aim in a safe direction, away from any people, animals, vehicles, homes or other occupied structures, I fired one shot into the engine compartment of the derelict motor-home, which never functioned to begin with, then asked him, “Was that an accident, John?”
He held perfectly still and did not reply, so I fired three more shots in the same area and again asked him, “Was that an accident, John?” and again he did not respond;
I reiterated that he had been legally evicted three weeks earlier and was [therefor] in violation of title 13 of Arizona Statutes, chapter 1504 “criminal trespassing in the first degree,” and that I wanted him off the property as soon as he could gather as much of his belongings as he could carry, then leave and not come back;
Had I not been told on July 14, 2002 and again on July 29, 2003 by Sgt. Van der Hooven that firing into derelict vehicles on my own property was not illegal, I would never have considered doing so;
I do not proffer the fact that I had been misinformed by the sergeant as justification of my action, but as state-of-mind evidence that there was no criminal intent, as is required for conviction in firearm charges under the Firearm Owners’ Protection Act of 1986 (Title 18 , United States Code, Chapter 44);
On my way back to the house I stopped to tell my wife and Killer’s daughter Nicole Schnabel, who were together in my wife’s garden, what had happened;
Before I could begin, Nicole asked, “Did I hear gunfire?” and I told her that yes, I had fired four shots into the engine compartment of her dad’s motor-home;
She asked me why I hadn’t shot her dad;
I replied that it had seemed as though he wanted me to shoot him, but he wasn’t worth the trouble and I wouldn’t give him the satisfaction;
By 2:00 P.M. Killer was gone from our property and I dared to hope that was the end of it;
At about six o’clock, as the sun was beginning to set, my wife locked our front gate;
Using anecdotal information from the Hempel case as his play book, Schnabel had recruited Alvarez and Acton (thereby creating a common conspiratorial element with the Hempel case), who then recruited Boan into the conspiracy;
Acting upon Schnabel's false police report, Acton, Alvarez and Boan conspired to deprive me of constitutionally guaranteed rights and followed through to execute said conspiracy;
It is significant to note that in filing the initial report in this case, Schnabel identified the property as being his own and identified Karen and me as trespassers;
Acton and Boan knew, or should have known, that his statement was patently false;
Acting upon Schnabel’s false police report, Acton, Alvarez and Boan conspired to deprive me of constitutionally guaranteed rights and followed through to execute said conspiracy;
Candace Acton’s having spoken to both John Schnabel and Judy Hempel creates a common element in the two conspiracies and therefor, under ARS 13-1003, they are one and the same conspiracy;
Sheila Polk has also spoken with both Schnabel and Hempel, and has also spoken with Acton; all other agents of the Yavapai County Government involved in the now joined conspiracies have spoken to Polk and Acton, and to either Schnabel or Hempel;
Criminal acts committed under color of law tantamount to vigilantism and violations of oath to uphold the Constitution are both acts of treason;
At or about seven p.m, still the evening of February 28, 2005, my wife and I were watching television when the telephone rang; the caller identified herself as "the Yavapai County dispatcher" and asked me to unlock my front gate to "let [her] deputies in."
The deputies were CANDACE ACTON (406), OSCAR ALVAREZ(427) and MARK BOAN (447) of the Yavapai County Sheriff's Office (YCSO);
I could not use my wheelchair because of mud from recent rains, so I used a walker that opens into a seat so I can sit to rest when I need to; I explained this to the deputies as I unlocked the gate and invited them in. Acton and Boan already knew of my handicap from previous visits to the property;
I cooperated in a friendly and helpful manner, answering each and all of their inquiries honestly and straightforwardly;
Had I threatened to kill John Schnabel? No (although he had threatened to kill my wife and me, as well as to burn down our home and shop.);
Had I pointed a gun at John Schnabel? No;
Had I shot at John Schnabel? No;
Had I been in fear for my life when I shot the motor-home? Yes, I had been in fear for my own life as well as my wife’s every night and every day for the last six months that we had been trying to get [Schnabel] off of our property;
Karin Wolf was present during the time that deputy Boan was asking these questions and she added that she was likewise afraid for both our lives over the same period and for the same reason;
Deputy Boan’s false claim that my answer to that question was “no” in his arrest report is a bald-faced lie and is thereby a violation of the deputy’s oath to uphold the Constitution, grounds for his immediate dismissal from public service, grounds for prosecution for treason against the United States of America and sufficient cause for the immediate dismissal of this action;
Furthermore, Boan’s falsification of public record is also a felony crime as well as another violation of the deputy’s oath of office;
I was soon quite worn out and was leaning heavily on my walker with both hands, trying to catch my breath. ALVAREZ stepped aside to whisper conspiratorially to ACTON for a moment, then stepped back to me and said, "Here's what we're going to do, Bob; we're going to arrest you for disorderly conduct."
I interpreted the statement that they were "going to arrest [me]" as a declaration of intent;
I saw it as distinctly different in meaning from, e.g., "you are under arrest."
At that time I had not yet seen samples of the deputies writing and had no idea that their English language writing skills are all and alike between the fifth grade and seventh grade level; I had erroneously expected them to be nearer to high school levels;
I attempted to reason with them in an effort to understand why or how they had come to such a bizarre decision and said, "No, that's not right because..." but I never got to finish the sentence because ALVAREZ attacked me;
I dropped my walker as I stumbled backwards for a few steps under the unexpected impetus of Deputy ALVAREZ' inertia, trying to keep from being tackled to the ground;
Alvarez was swinging his fists wildly at me, hand-over-hand, like a swimmer doing the dog-paddle;
While I had not intended to resist arrest but wished to hear some rational reason for it, I instinctively put my hands up in front of my face in a protective manner and resisted being assaulted for no reason and I easily avoided all of his nearly comical attempts to strike me;
Having seen the uncontrolled rage displayed by the three deputies in response to my having prevented them from hurting me, one can only imagine the what the consequences might have been had I actually struck any of them!
Meanwhile Boan seemed hesitant to join in Alvarez’ attack on me, but repeated what seemed to be half-hearted attempts to seize me by my left arm;
His clumsy attempts at grappling were as easy to avoid as Alvarez’ girlie punches;
Acton was literally running around in circles waving her arms in the air;
Very obviously frustrated with being neither able to hit or grab onto a weak and crippled adversary, BOAN eventually kicked my legs out from under me, though, and the wind was knocked from my lungs as I landed flat on my back with ALVAREZ' full weight crashing down upon my chest;
Once I was on the ground and Boan began handcuffing me, I went completely limp, and as I labored for breath, I tried to say that I wasn't resisting at all;
My remaining motionless should have been obvious even in the darkness and the chaos of the situation;
Instead of pacifying them, however, the awareness that I was unable to defend myself seemed to drive all three of them into a frenzy of genuine primal blood lust;
ALVAREZ was the first to take out his Mag flashlight, and he struck me as hard as he could across the eyes and the bridge of my nose with it as his cohorts began kicking at my hips and ribs;
I did not realize at the time that he had broken my nose with that first blow;
Three more blows to my face and I was effectively blinded as my eyeglasses were taken off and tossed aside by BOAN;
After he removed my glasses, BOAN emptied a cannister of pepper spray into my eyes;
Five more powerful strikes to my forehead from ALVAREZ’ flashlight followed in rapid succession while more kicking or punches - I could no longer tell which - continued to batter my ribs and abdomen;
I felt a tooth break in my lower right jaw and then the left side of my face went numb from my cheekbone down to all of my top teeth on that side as they continued bludgeoning my face and head with their flashlights;
While Boan continued restraining me, Acton and Alvarez proceeded to bludgeon my face with their flashlights; I held down and unable to move at all; either to defend myself or to resist in any way;
After counting eight flashlight blows to the same spot on my forehead, just above my right eye, I was startled to realize that they were quite sincerely trying to kill me, when one of the men - I believe it was ALVAREZ but cannot be sure because I was blind at the time and the voice was furtive and weirdly distorted by being whispered and shouted at the same time - said, "... stoppit, stoppit, somebody's watching us! stoppit!" this is not the type of thing a person says when what they are doing is above-board and legitimate;
Upon becoming aware that they were being observed in their clandestine unlawful actions, Alvarez and Boan suddenly became very melodramatically concerned for my well being;
BOAN helped me to sit up while ALVAREZ began saying things like, "it didn't have to be like this, Bob, see what you made us do? You shouldn't have resisted." and other boilerplate rhetoric of the habitually abusive personality;
There was no remorse or sincerity in his voice and, through some badly skewed form of illogic, Alvarez was blaming his own irrational and excessively violent behavior on me, just as schoolyard bullies, wife-beaters, child abusers and other types of sociopaths the world over are well known and documented to be prone to do;
In the course of my volunteer work, I once had the opportunity to have become certified in non-violent crisis intervention, and in so doing I learned that such blame-shifting and excuse-making is pathological in the habitually abusive personality, so much so that a popular book on domestic violence has been published bearing a paraphrase of Alvarez’ “See what you made [me] do,” You Make Me Do These Things to You (by Dan Dacus Paperback), which was published on July 25, 2005 - five months after Alvarez’ having resorted to using the phrase;
The keen observer will note Alvarez’ substitution of the plural pronoun “us”’ for “me,” implicating Acton and Boan, sharing the blame, although it was Alvarez alone who initiated the attack, and Alvarez who began brutalizing me with his flashlight;
My own research has revealed that Oscar Alvarez has a history of not only domestic violence, but substance abuse as well (See §110), which is not at all surprising as the two personality disorders generally go hand-in-hand;
Criminal charges against Alvarez that I found in public record for substance abuse (CR-20030287) were dismissed by Alvarez’ coconspirator in the present case, Judge W. T. Kiger of the Superior Court of Yavapai County - obviously as a reward for his prior and continuing collusion in the Yavapai County Government’s criminal enterprise(s). This public record establishes a criminal link between two conspirators in the present case and is, therefor, sufficient cause for the immediate dismissal of this action;
As Alvarez shifted gears and began joking about the incident and making light of the brutal assault they had visited upon me, I could hear ACTON's voice from some distance away, repeating, "Ma'am, just stay back; just stay back, ma'am!" together with the thumping sounds of someone being struck repeatedly and quite solidly;
I heard my wife tearfully asking why they had been beating me with their flashlights and, realizing that she had seen what they had done to me, I was terrified that they were going to kill us both. I heard ALVAREZ tell her that it was because of something I said, and that I was lucky he hadn't shot me; I do not believe that was merely one of his flippant jokes;
It came to mind that it is a cold, hard fact that local law enforcement had literally gotten away with murder more than once before, in the same neighborhood, and under frighteningly similar circumstances;
Fortunately for my wife and me, things did not turn out any worse than the bullies with badges having savagely brutalized and disfigured only one of us; and all-in-all, I'm glad that it was me instead of Karin, although she was repeatedly assaulted by Candace Acton;
BOAN radioed for medical assistance and, with ALVAREZ' assistance, dragged me by my arms, with my hands handcuffed behind my back, down my driveway and out my front gate;
When Chino Valley Fire Rescue arrived to cleanse the contusions, abrasions and lacerations to my head and face, BOAN took a close-up photo of the damage that had been done to my face; this “trophy” photo seems to have disappeared;
If the Sheriff is merely withholding it, it can still be subpoenaed; if the persecutors have destroyed the evidence, the CVFD medics can be subpoenaed to testify that they witnessed the photo being taken;
The idea that such grotesque souvenirs give some sense of satisfaction or gratification to persons payed by public taxes to go about in society armed is worse than perverse - anyone not frightened by the practice needs professional help immediately!
As the paramedics were leaving, ALVAREZ bemoaned the fact that he had broken his flashlight (across my face!) and BOAN advised him that [BOAN] had a "secret stash" of spare batteries in the back of his vehicle;
ALVAREZ' flashlight, though, remained inoperable even after the batteries had been replaced;
I was lifted into BOAN’s vehicle and transported to the downtown Prescott jail, where a wheelchair was brought out to the garage to transfer me into the jail;
BOAN falsely charged me with thirteen separate felonies, and told me that the false charges were based on statements I had made prior to having been arrested, without ever having been informed of my rights under the Constitution. This is sufficient cause for the immediate dismissal of this action;
There is no doubt as to the authenticity of their fear as all three deputies assaulted me - they were quite obviously terrified of me;
While I never did strike at them as they claim, they cringed in fear each time that I moved to block their own blows or those of their coconspirators, or to evade an attempt to seize me;
Nothing in my own behavior toward any of the three deputies could have ever given then any sane or rational reason to fear me or to consider me as any sort of threat whatsoever;
Their cowardly and panic-driven assault on me would have to have had some other catalyst than my own behavior;
My curiosity as to what Hempel and / or Schnabel may have told their co-conspirators is only compounded by the apparent disappearance of the pre-arrest interview tape (of the conversation between Hempel’s co-conspirator Acton and Schnabel) that the written arrest reports lead one to believe;
For me to have been found guilty in a fair trial - as if such a thing could ever be had in Yavapai County - would require proof not only that I had intended to commit a crime, but also that I had not been in fear for my life when a mental patient named “Killer,” who was wearing a loaded pistol on his hip and was/is addicted to drugs trespassed on my property and not only refused to leave, but threatened my life; that I was not in fear for the safety of my home when the self-proclaimed “Psycho” threatened to burn it down - an act that he is documented to have attempted only a few days later, while I was in jail; and that I was not in fear for my wife’s life when he threatened to kill her - another act that he is documented to have attempted only a few days later, while I was in jail;
After I had appeared in court, stating that I wished to exercise my right to testify before a Grand Jury and requesting a preliminary hearing, ALVAREZ appeared - as the only witness - before a Grand Jury and I was indicted on five of the original thirteen felony charges BOAN had fabricated against me; eight of the charges were apparently too ludicrous to indict so much as a ham sandwich on and the Grand Jury dismissed them rather than indicting me on them; this speaks volumes as to the validity of the remaining charges!
I have never been granted the opportunity that I asked for to testify before a Grand Jury myself, nor was I ever afforded a Jury Trial, originally scheduled to have begun on the twenty-forth of August, 2005. This is sufficient cause for the immediate dismissal of this action;
As Law Enforcement agents of a Governmental Authority, and acting under color of the law, ACTON, ALVAREZ and BOAN had obviously conspired to enter my private property with the intent of assaulting me, intending or knowing that their conduct might very well cause my death, knowingly touching me with the intent to injure, insult or provoke me and causing me serious physical injury by using dangerous instruments, to wit, solid metal flashlights, while I was physically restrained and my capacity to resist was substantially impaired. This is sufficient cause for the immediate dismissal of this action;
They engaged in a pattern or practice of conduct, fighting, using violent and seriously disruptive behavior, excessive force, unlawful search and false arrest to willfully and unlawfully deprive me of the rights, privileges, and immunities secured and protected by the Constitution and by the laws of the United States. This is sufficient cause for the immediate dismissal of this action;
They assaulted me by a means of force which caused substantial disfigurement, to wit, a broken nose and permanent scarring of my forehead, together with temporary but substantial loss or impairment of a body organ or part, to wit, the loss of my vision by virtue of both eyes having been swollen shut for more than 48 hours, as well as a fracture of a body part, to wit, a lower right molar was broken off. This is sufficient cause for the immediate dismissal of this action;
These three law enforcement officers acted while abusing the authority given to them by reason of their employment as public officials. This is sufficient cause for the immediate dismissal of this action;
The actions of these four YCSO deputies are an embarrassment to every decent man and woman working in law enforcement today;
It would behoove the law enforcement profession, and society at large, to see these three persons imprisoned where they can no longer prey upon the citizenry or cast dispersions on the authority they have abused;
Their acts were blatant violations of numerous Arizona statutes, Title VI of the Civil Rights Act of 1964, the Crime Control Act of 1994 and the unwritten rules of polite society. This is sufficient cause for the immediate dismissal of this action;
Their misconduct has been effectively condoned by the Yavapai County Government by virtue of having been swept under the proverbial carpet and the many complaints made to the Sheriff and the County Attorney have fallen on deaf ears. This is sufficient cause for the immediate dismissal of this action;
The YCSO has engaged and continues to engage in a pattern or practice of conduct, fighting, using violent and seriously disruptive behavior, excessive force, unlawful search and false arrest to willfully and unlawfully deprive me of the rights, privileges, and immunities secured and protected by the Constitution and by the laws of the United States. This is sufficient cause for the immediate dismissal of this action;
I insist and demand that YCSO deputies ACTON, ALVAREZ, BOAN and LOUGHRIDGE be immediately removed from duty, without pay, pending an investigation, and that if the investigation so warrants, as will be the case if such an investigation is conducted honestly and objectively, they each and all be prosecuted to the fullest extent of the laws enumerated below, and any and all other laws, statutes, ordinances, regulations, or customs as may apply to their wrongful unlawful behaviors;
I remained in custody of the Yavapai County Sheriff for thirty days due to bail having been set excessively at more than five times my annual income, violating both the protection from excessive bail and the presumption of innocence under the fourth amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
Although the court did appoint a public defender to represent me after I had been imprisoned for a week, one Linda Moore, the court was aware at the time that Ms. Moore was, and would remain, out of town and unavailable for me to consult with until the beginning of April - effectively depriving me of me right to representation under the Sixth Amendment to the Constitution of the United States of America. This is sufficient cause for the immediate dismissal of this action;
While in custody, I was denied the use of a wheelchair on more than thirty separate occasions, denied prescribed medications six times daily, discriminated against because of my handicap and abused verbally and mentally by YCSO staff. This is sufficient cause for the immediate dismissal of this action;
I was denied such basic rights as telephone calls and showers and my blood sugar was abnormally and dangerously low, with readings as low as the fifties and forties, due to irregular and improper administration of prescribed medications. This is sufficient cause for the immediate dismissal of this action;
Over the thirty day period that I remained wrongfully imprisoned, I personally observed the undereducated thugs employed as guards at the Yavapai County Sheriff’s jail in downtown Prescott, Arizona commit no less than one hundred and forty-two individual violations of the Americans with Disabilities Act and of basic Constitutional Civil Rights between February 28 and March 30, 2005. This is sufficient cause for the immediate dismissal of this action;
The worst example is one of the times I was being transferred from the downtown Prescott jail to the facility at Camp Verde:
I was removed from my cell just before one o'clock in the afternoon;
When I asked one officer if I could be allowed to have my scheduled one o'clock medications, I was told no;
I asked another officer, then another, until I had been told five times that I could not have my prescribed medications;
Then I was made to get out of my wheelchair and balance on one foot while I was put into leg irons; the other inmate that was being transferred with me, and who could walk, was not made to wear leg irons;
Next I was wheeled out to within about six feet of a paddy wagon;
I was made to crawl from the wheelchair to the paddy wagon while the transport officers laughed at me and made cruel juvenile remarks about my disability;
Criminal acts committed under color of law tantamount to vigilantism and violations of oath to uphold the Constitution are both acts of treason;
Sometime in November of 2005 I spoke with a lady named Shauna from the YCSO internal affairs dept, who told me that Acton, Alvarez and Boan all three had very bad reputations for perjury before Grand Juries and for using excessive force in affecting arrests. She promised to investigate my complaints of police misconduct. These statements were made in the presence of individuals whose names I will divulge only to a Grand Jury;
Shauna went home that evening and went into a coma from which she never awakened;
Shauna suffered kidney failure, respiratory failure and heart failure simultaneously;
While it may seem amazing for a healthy woman to suddenly experience complete shutdowns of multiple entire systems, there is one cause for which theses symptoms are NOT unusual, but there is ONLY one; and that is POISONING;
The reader may draw their own conclusions, but drawing on my experience in healthcare and health science education, I have drawn my own: They killed Shauna... You bastards!
CR-20050326 was another fraudulent case brought by the State of Arizona as the result of “Killer” John Schnabel having solicited the aid of Yavapai County Government agents for the sole purpose of harassment and was subsequently dismissed after considerable damages had been done by agents and co-conspirators of the State. The parties in CR-20050326 [were] the State of Arizona, Plaintiff; and NICOLE DIANE SCHNABEL, Defendant;
While I was in the County jail, Killer sent an illegal alien acquaintance over to plant an eight-ball of meth in his daughter's trailer on my property; then he brought his dogs over to my house, turned them loose, and called animal control;
Karin and Nicky were out shopping at the time, but Nicky was arrested as soon as they got home and Karin was nearly arrested - if Karin had been arrested then, Killer would have been given carte blanche by the YCSO to have stolen everything we owned;
As it was, the dog-catcher confiscated a Golden Eagle that has been on our living room wall since 1962; The Arizona Game and Fish Commission are the custodians of record for the documentation proving the eagle's legality, but before Karin was able to retrieve it from the YCSO, a wing had been irreparably broken and numerous feathers were stolen - quite obviously by agents of the YCSO;
Not only were a great many feathers simply plucked out, but many that could not be easily removed were broken off; these now-illegal eagle feathers are to be found in the hatbands of YCSO deputies' off-duty cowboy hats - DNA tests will verify this;
CR 2005030610J was yet another fraudulent case brought by the State of Arizona as the result of “Killer” John Schnabel having solicited the aid of Yavapai County Government agents for the sole purpose of harassment and was subsequently dismissed after considerable damages had been done by agents and co-conspirators of the State. The parties in CR 2005030610J [were] the State of Arizona, Plaintiff; and KARIN VIRGINIA WOLF, Defendant;
These two cases, together with others cited within the body of this brief, are the results of a criminal conspiracy involving Judy Hempel, John Schnabel and the Yavapai County Government to harass, torment and cause physical, financial and social difficulties, as well as to deliberately disturb the peace of, my wife Karin and me;
In case # 2005030610J Karin Wolf was falsely charged with a violation of the Migratory Bird Treaty Act of 1916, Title 16, U.S.C. Sections 703-711, and A.R.S. § 17-371, dealing with the transportation of migratory birds, and which states;
“A. A person may transport in his possession his legally taken wildlife, or may authorize the transportation of his legally taken big game, provided such big game or any part thereof has attached thereto a valid transportation permit issued by the department. Such wildlife shall be transported in such manner that it may be inspected by authorized persons upon demand until the wildlife is packaged or stored. Species of wildlife, other than game species, may be transported in any manner unless otherwise specified by the commission. A person possessing a valid license may transport lawfully taken wildlife other than big game given to him but in no event shall any person possess more than one bag or possession limit.
“B. A holder of a resident license shall not transport from a point within to a point without the state any big game species or parts thereof without first having obtained a special permit issued by the department or its authorized agent.
“C. Migratory birds may be possessed and transported in accordance with the migratory bird treaty act and regulations thereunder.
“D. A holder of a sport falconry license may transport one or more raptors that the person lawfully possesses under terms and conditions prescribed by the commission.
“E. Heads, horns, antlers, hides, feet, or skin of wildlife lawfully taken, or the treated or mounted specimens thereof, may be possessed, sold and transported at any time, except that migratory birds may be possessed and transported only in accordance with federal regulations.”
NOTHING in the cited code applied in any way to Karin Wolf’s wrongfully seized property, which was NOT a migratory bird and was NOT being transported;
The RAPTOR mistakenly referred to as a migratory bird by the undereducated dog-catcher is a Golden Eagle taken prior to the 1962 inclusion of that species under the Bald Eagle Protection Act of 1940, Title 16, U.S.C. Section 668 and applicable Law is limited to that Act, which states, in part;
“nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, lawfully taken prior to the addition to this subchapter [October 24, 1962] of the provisions relating to preservation of the golden eagle.”
Jurisdiction of prosecution of violations against Title 16, U.S.C. Section 668 is limited to the Secretary of the Department of the Interior and any further prosecution of this case requires a corresponding change of venue;
The Golden Eagle unlawfully seized had been in a stationary position on the Karin’s living room wall for more than fifty years;
The sole purpose for which John “Killer” Schnabel had filed the false complaint in CR 2005030610J was to remove the only authorised person remaining on our property so that he would have free reign to loot at will and use the unprotected property as a base for his own criminal enterprise;
Although they failed to fulfill his wishes and did not arrest Karin Wolf, agents of the Yavapai County Government did illegally seize - and damaged beyond repair - the private property rightfully and lawfully belonging to Karin Wolf and, in so doing, aided and abetted John Schnabel in criminal and civil conspiracy as well as the further commission of a wide variety of premeditated felony and misdemeanor crimes;
Another thing Killer was able to do with me out of the way - safely behind bars so that my wife and property were unprotected - was to rig the electrical box in our shop building to electrocute my wife when she stepped into a "man killer" trap he had set. Fortunately, Karin and a friend of ours both saw the trap and she was able to avoid it;
Only a few days later, Killer again rigged the electrical box to set fire to the shop if Karin turned on the main lights;
This time, a representative from the power company was visiting [to investigate the death-trap] and disconnected the electrical box altogether;
Since that time, neither Karin nor anyone else has been able to use our 3,200 square foot shop building either for hobbies or to engage in business; Killer and his YCSO cohorts have effectively closed the jewelry and engraving business Karin has had for nearly twenty years;
One might anticipate suggestions from certain especially guilty parties to the effect that the poor unwitting dupes within the Yavapai County Government have been ruthlessly hoodwinked by master manipulators like Killer Schnabel and Mrs. Hempel;
While the involvement of individuals like Hempel and Schnabel may indeed coincide with the personal and political schemes and agendas of corrupt individuals within the system, they are in no way controlling factors and should not be considered viable excuses or legitimate dodges of responsibility for the personal and official acts of employees of the body politic; nor should they be allowed to become scapegoats for the knowingly wrongful act(s) of public servants sworn to uphold the Constitution;
Career criminals embedded within the justice system are nothing new under the sun and these elements have historically lent themselves to be manipulated when the outcome of such engineered or contrived events fit their own purpose;
Sheila Polk, Candace Acton and Steve Waugh are in no way outstanding or unique in their petty schemes to abuse the authority that an unsuspecting public has entrusted them with; they are no more than common criminals who have failed quite miserably to have covered their tracks satisfactorily enough to continue their criminal activities unchecked for very much longer;
How many convictions of truly dangerous felons are going to be overturned when the petty and vindictive convictions of innocents set up and knocked down by self serving little wanna-be despots of the Yavapai County Government are looked at in any detail by anyone not part of the cliquish yokel politobureaucracy?
Sheila Polk’s logic and wisdom allows a man who sodomized half a dozen young children [and who is coincidentally connected to her own sphere of social sycophancy] to pay his way out of trouble and be placed on probation, while she demands no less than twenty years in prison for a crippled 52 year-old college professor having shot holes in a derelict vehicle - after having been told repeatedly by YCSO deputies that such acts are not illegal;
Although the unlawful and unconstitutional conditions of release set by Judge Markham have been “affirmed” by Judges Kiger, Sterling and Darrow, I have, each and every day since my release, and on the advice of three bond agents and no less than two members in good standing of the Arizona Bar Association, been in knowing violation of those conditions of release each and every day from March 30, 2005 through this very day of June 19, 2006;
There has not been a single day since my release that I have not knowingly been in violation of the unlawful conditions of release set by Judge Markham in violation of the Constitution of the United States of America and affirmed by the other judges whose court(s) this case has passed through;
The knowledge that I might be attacked, assaulted or murdered by the criminal henchmen of the Yavapai County Government, or that my wife and I might loose our land and everything we have worked our entire lives for has been a constant source of undue emotional distress that has caused or compounded numerous health problems for both of us, made us both dangerously insomniatic and severely restricted our personal liberties and professional pursuits;
The Yavapai County Sheriff’s Office and the Yavapai County Attorney’s Office have known this fact for more than one full year yet have not acted to enforce because they have also known, all along, that the conditions of release were based upon “Killer” Schnabel’s false claim that he own[ed] the property located at 2150 North Windmill Way in Chino Valley, which he does not and never has;
Because Judge Markham’s conditions of release are unenforceable, and have been perceived as such by the very criminals within the Yavapai County Government for which he works, then all orders in this case are similarly and likewise Void ab inito;
Knowing that the bizarre stipulations in Judge Markham’s conditions of release were based upon Killer’s false claims that he was the rightful owner of the property we had allowed him to live on, I requested a transcript of the 911 tape of his initial fraudulent report on March 1, 2005, which immediately disappeared. This is sufficient cause for the immediate dismissal of this action;
Each and all of the inmate request form that I submitted complaining of abuse and other irregularities visited upon me while I was a prisoner of the Yavapai County Sheriffs Office - a minimum of two a day and up to five on some days - have likewise disappeared. This is sufficient cause for the immediate dismissal of this action;
The misconduct demonstrated by YCSO deputies rises to the level of a violation of federal statutes and the United States Constitution;
Due to her extreme misconduct in this case, every arrest ever made by deputy Candace Acton throughout her career is suspect as to legitimacy and subject to review;
Due to his extreme misconduct in this case, every arrest ever made by deputy Oscar Alvarez throughout his career is suspect as to legitimacy and subject to review;
Due to his extreme misconduct in this case, every arrest ever made by deputy Mark Boan throughout his career is suspect as to legitimacy and subject to review;
Due to his extreme misconduct in criminal conspiracy related to this case, every arrest ever made by deputy Wayne Loughridge throughout his career is suspect as to legitimacy and subject to review;
Due to her extreme misconduct in this case, every case ever prosecuted by Sheila Polk throughout her career is suspect as to legitimacy and subject to review;
The criminal wrongdoing knowingly committed by agents of the Yavapai County Government actively involved in the Hempel-Schnabel conspiracy have created a legal and financial disaster that will take many years and much money to even begin to repair;
This is America; while prosecutorial and judicial misconduct may seem to have been effectively gotten away with in the short term, I hold firm to the belief that these criminal activities carried out under color of law will all be brought to official scrutiny eventually and that those responsible will most certainly be held accountable;
The more expeditiously their crimes are officially exposed and denounced, and the sooner that appropriate action against them is taken, the more collateral damage to the law enforcement community, the legal profession and the criminal justice system may be averted, forestalled and prevented;
I have observed highly placed officials of the Yavapai County Government, common public servants and individual citizens like Hempel and Schnabel behave as though no laws exist, while I have remained keenly aware of the law and diligently endeavored to obey it;
I allowed three bullies to tackle me to the ground, handcuff me and proceed to beat me nearly to death in my own front yard while I had effective means at hand with which to defend myself, simply because they wore official badges;
Those three little pigs have for more than a year pretended to have been victims in order to prevent answering questions about what they did the evening of February 28, 2005;
Plainly they have much to hide; their actions are those of guilty persons, not of innocent victims;
If for no other reason than to bring these facts to light, I have acknowledged the absence of due process and vacuum of justice this court represents, as well as the corruption which permeates the Yavapai County Government;
I know that criminal elements within the County Attorney’s Office and Sheriff’s Office - and quite possibly within the Superior Court as well - will continue their established pattern of perjury, witness intimidation, jury tampering, fabricating, falsifying, manufacturing, concealing, destroying and altering evidence, extortion and other criminal activities, but it is my sincere hope that an in-depth investigation will one day reveal the identities of Yavapai County’s true criminals and that these criminal elements will, in their turn, be prosecuted according to the merit of the evidence against them;
I therefor agree to throw away two years of my life, leaving my wife and home unprotected from further abuses at the hands of fascist government employed criminals, leaving my precious grandchildren with irreparable feelings of abandonment and leaving the acquisitions of a lifetime subject to the theft, destruction and disappearance that are so prevalent and widespread in our community - due primarily, if not solely - to the perverse and misguided agenda of local law enforcement;
Certainly the Yavapai County Government is in desperate need of moral repair; and while I cannot fix the problem, I am certain that I can call enough attention to it that widespread knowledge of its present state of disrepair and corruption will be made all but inescapable;
In the event that indictments and prosecution of the criminal elements of the Yavapai County Government fail to take place, the racketeering, extortion and corruption within that body politic will not only continue, but will escalate until it is allowed to reach a point at which agencies at the State and federal levels will no longer be able to cover it up or to “look the other way” and will be forced to intervene;
Should I somehow survive my period of correction and compliance with this court’s void sentence to a term of imprisonment, something Sheila Polk and others who enjoy administrative positions within the Yavapai County Government have vowed not to allow to happen and which I do not consider likely, I will immediately resume the quest to bring national attention to the injustices that I and others have suffered, are presently suffering and will continue to suffer at the hands of career criminals like Sheila Polk, Steve Waugh and their underlings, minions, hired henchmen and assassins;
The conspirators, in order of involvement;
Hempel, Felker, Zavos, Acton, Loughridge, Polk, Waugh, Hinson, Schnabel, Boan, Alvarez, Kiger, Sterling, Moore, Darrow, Thurston(?)
A wide array of felony charges should be levied against all of the above-named YCSO deputies under these, and various other laws, statutes and ordinances, beginning with;
13-302; 13-1001 A 1,2,3 & B 13-1304 A3,4; 13-1303; 13-1003 A, B & C; 13-1902-2 A; 133-1903 A; 13-1602 A 1, 2 & 3; 13-1603 A 1; ARCr.P 23; 13-4073; 13-1204; 13-1502; 13-1503; 13-1504; 13-1505; 13-1506; 13-1507; 13-1508; 13-1602; 13-1603; 13-1604; 13-1802; 13-2004; 13-2006; 13-2008;
RELATED CASES:
20000171 ; 20000071; 20030287 ; 20030030; 20001140; 200100505; CR-20050326; C00023550; 04-035814; 04-051174; 04-052265; 05-05581; 200300287; 200300294; 200300333; 200400145; 2005030610J; others;
FEDERAL LAWS VIOLATED BY THE YAVAPAI COUNTY GOVERNMENT:
Title 18 USC, Part 1, Chapter 44, Section 924(d); 18 USC 14141
TITLE 18, U.S.C., SECTION 241 ;
"If two or more persons conspire to injure, oppress threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same...
"They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death."
TITLE 18, U.S.C., SECTION 242 ;
"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death."
AMERICANS with DISABILITIES ACT ;
The Americans with Disabilities Act (ADA), which applies to all State and local governments, prohibits discrimination against people with disabilities because of their disabilities; requires that buildings for which construction or alterations were begun after January 26, 1992, be constructed or altered so that they are accessible to persons with mobility disabilities; requires effective communication with persons with hearing, vision, or speech disabilities; and requires that each program, service, or activity of a public entity, when viewed in its entirety, be readily accessible to and usable by persons with disabilities. Section 504 of the Rehabilitation Act applies essentially these same requirements to any program or activity that receives Federal financial assistance.
Law enforcement misconduct that is covered by these acts includes refusal to allow the use of medically prescribed wheelchairs and refusal to allow prescribed medication or medical treatment, both of which occurred numerous times during my unlawful incarceration.
Police misconduct investigations focus on excessive force (such as excessive use of deadly force or pepper spray), and false arrest, both of which ACTON, ALVAREZ, BOAN, and LOUGHRIDGE are undeniably guilty of.
I'm not a superstitious person; I don’t talk to an imaginary friend or believe that I belong to any select group chosen to be magically rewarded for my good deeds nor supernaturally spared the consequences of my bad deeds, either real or imagined. I didn't even head for the hills when the world ended at midnight of December thirty-first of nineteen ninety-nine;
But even without the benefit of superstition or a belief in space aliens or evidence of an international banking cartel to blame it on, I will not deny that I have seen profound changes in my own life since the dawning of Y2k;
In the last forty-seven years of the twentieth century I was considered a decent human being, a respected teacher and instructor at several colleges, an involved citizen active in numerous charitable organizations and a volunteer for many worthwhile causes;
While I make no claims to have been a pillar of the community, I have received accolades ranging from simple “thank-you” letters from scouts and schoolchildren to certificates of appreciation from Chambers of Commerce, to a presidential award for humanitarian service;
I had never been charged with any felony crime and with only a couple of relatively insignificant misdemeanors, unless one considers making a right turn on a red light to be subversive in some way;
Within the first six years of this twenty-first century, however, I have been formally charged with nearly four dozen pernicious criminal acts that no-one who knew me prior to Y2k would have believed me capable of, especially not myself;
Anyone researching my name will find that the following terms - none of which have ever in the past been applied to me in any way or for any reason - have been added since January of 2000, when my name was brought to the attention of Sheila Polk and Candace Acton by their coconspirator Judy Hempel:
Sex Offense,
Suicide,
Threatening,
Theft,
Weapon Offense,
Disorderly,
Harassment,
Suspicious,
Narcotic History,
Assaulted Police Officer,
Resists Arrest;
The last two of which alone I have actually been charged with, although at the time of this writing I have not been convicted of them. All others are libelous fabrications published by criminals within the Yavapai County Government solely as an attempt to discredit my having called - and continuing to call - attention to their own criminal activities;There are no criminal charges against me on record in the State of Arizona which have not been brought by both Candace Acton and “Sheila Polk;
The association of the names “Candace Acton” and “Sheila Polk” with very literally each and every one of the slanderous notations listed above being attached to my public record and the forty-some-odd crimes I have been charged with by Acton and Polk is no mere coincidence; nor do they have any basis in reality;
I state here and now, for the record, that I will never, under any circumstances or duress, pay for, nor reimburse the State of Arizona for, any costs, fees or expenditures associated with my wholly political imprisonment;
Numerous requests by myself and others for investigation by the Yavapai County Sheriff’s Internal Affairs Department, by the United States Marshals, the Department of Justice, the FBI, the Arizona Senate and the Arizona State Attorney’s office have all gone unanswered. This is sufficient cause for the immediate dismissal of this action;
Nonetheless, these complaints and requests for investigation are all matters of public record and it is my sincerest belief that somewhere, sometime, someone will act upon the warnings I have tried so diligently to have raised over the last six years, will investigate them honestly and intelligently, and that the citizens of Yavapai County Arizona will be released from the reign of terror we have suffered for so many years at the hands of dope-dealing deputies and corrupt County officials;
In my statement above I have stated times, dates and locations, along with names, ranks or offices, and badge numbers where applicable, listed together with statutes, codes, ordinances and laws, by chapter and paragraph for hundreds of criminal acts carried out under the color of law by agents of the Yavapai County Government;
I have likewise cited dozens of valid and legitimate points of law, upon any one of which this case should have been dismissed more than a year ago;
This Statement contains well more than twenty-one thousand words, all of which I have put down for the sole purpose of finally having my own observations, views and opinions of these multiple cases made public record for the first time, and for calling the repetitive pattern of practice of major criminal acts by elected, appointed and hired public officials of the Yavapai County Government to the attention of higher authorities as well as that of the public at large;
However, it is my wish to spare those here today the pedantic tedium of the devils or gods that are to be found in the details, and read aloud only this and the following few paragraphs (474 - 480);
Mainly I wish to state that I firmly believe that it is inconceivable for any honest jury to have ever convicted me in a fair trial for the acts that I have plead guilty to;
It is a sad yet irrefutable truth that, due to criminal infiltration at the highest levels of the Yavapai County Government, it is furthermore inconceivable for either an honest jury or a fair trial to be had in the Superior Court of Yavapai County;
So long as justice is for sale and elected, appointed or hired officials are allowed to play at being wild west robber barons, this court, its rulings, orders and judgements are subject to review by the Department of Justice;
Such review shall inevitably come, and when convictions obtained by perjuries and through the deprivation of rights are overturned, as they must be, not only the will the guilty be set free along with the innocent; but the police misconduct, prosecutorial misconduct and abuse of judicial discretion habitually exhibited by the Yavapai County Government will rightly be held up to national attention, ridicule and scorn.
It is for these reasons that I now throw myself upon the mercy of this court, hoping and praying that some Justice still exists in this perversely corrupt County, and beg for lenience in sentencing me to a period of correction for whatever real or imagined crimes I have been accused of.
Under penalty of perjury I swear and avow that each and every fact contained herein is completely true and wholly correct to the very best of my knowledge.
True, correct and complete copies of this Statement have been served by first class mail to the Yavapai County Attorney, the Yavapai County Sheriff, the Superior Court of Yavapai County, the Law Firm of Williams and De Renzi, Otto and Wilhelm Bail Bonds, the Attorney General of the State of Arizona, the Governor of the State of Arizona, the Federal Bureau of Investigation, the United States Marshal for the District of Arizona, the United States Department of Justice Civil Rights Division's Criminal, Special Litigation and Review Sections, the Attorney General of the United States, Amnesty International, the Copwatch Organization, the American Civil Liberties Union, the Arizona Republic, the Prescott Courier, the Chino Valley Review, the Associated Press and United Press International, as well as having been posted on the internet at the permanently active hyperlink, http://www.bobgod.com/first-person.html.
In preparation for postconviction relief, I invoke Rule 26.11 b(2) and request a certified copy of the record and the reporter's transcripts up to and including the final disposition of each numbered case or incident for Incident Number 05-007570, Case No. 2005-030003J and Case No. 2005-0256 CR.
[Yours Truly & sign it "Bob God"]
_____________________________
Benjamin Robert Taylor
2150 North Windmill Way
Chino Valley, Arizona 86323
(928) 636-2666
June 19, 2006There follows a list comprised of some, but not all, of the individuals and entities with whom appropriate complaints, based in part upon the information given under oath in this Statement, have been duly filed together with unabridged copies of this Statement and other pertinent documents:
Wanna help out? cut&paste the text of this entire file into e-mails to everybody on this list! Do it as frequently as you like! Thanks from the gilded cage, bg. [Click here for e-mail list.]
The Honorable Janet Napolitano, Governor of Arizona
1700 West Washington, Phoenix, Arizona 85007 - (800) 253-0883Office of Governor Janet Napolitano, Constituent Services
1700 West Washington-101A, Phoenix, Arizona 85007 - (800) 253-0883Governor's Regulatory Review Council
100 N.15th Avenue Suite 402, Phoenix, AZ 85007 - (602) 542-2058Attorney General Terry Goddard, Office of the Attorney General
1275 West Washington Street, Phoenix, AZ 85007 - 800-352-8431, 800-352-8431Arizona Secretary of State Jan Brewer
1700 West Washington Street, 7th Floor, Phoenix, AZ 85007-2888Senator Robert "Bob" Burns, Vice-Chairman, Accountability and Reform Committee
Arizona State Senate, 1700 West Washington Street, Phoenix, Arizona 85007John Huppenthal, Chairman, Judiciary Committee
Arizona State Senate, 1700 West Washington Street, Room 308, Phoenix, Arizona 85007Dean Martin, Vice-Chairman, Judiciary Committee
Arizona State Senate, 1700 West Washington Street, Room 308, Phoenix, Arizona 85007Jack W. Harper, Judiciary Committee, Arizona State Senate
1700 West Washington Street, Room 301, Phoenix, Arizona 85007Richard Miranda, Judiciary Committee, Arizona State Senate
1700 West Washington Street, Room 304, Phoenix, Arizona 85007Chief Mark Kappelhoff, Civil Rights Division, U.S. Department of Justice
950 Pennsylvania Avenue, N.W. Criminal Section, PHB, Washington, D.C. 20530Coordination and Review Section, Civil Rights Division, U.S. Department of Justice
Post Office Box 66560, Washington, D.C. 20035-6560 - (202) 307-2222Assistant Attorney General, Civil Rights Division, Criminal Section
950 Pennsylvania Avenue, Northwest, Washington, DC 20530.Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice
633 Indiana Avenue, N.W., Room 1105, Washington, D.C. 20531 - (202) 307-0690
Letter bomb:
1 - Mix about 75% alluminum powder with 25% iron powder.
2 - This is a light version of thermite. Experiment with the mixture.
3 - Use an insulated double layered envelope.
4 - Seperate the layers. The inner one is where the thermite goes.
5 - Keep the sections seperate. The outer layer can be magnesium for flash.
6 - Make the fuse from iodine crystals, and (liquid) ammonium Hydroxide crystals.
7 - Mix these together in about an equal amount.
8 - Add more crystals to form a new crystalline structure about one inch long.
9 - Mix them in a glass bottle (with cotton lining).
10 - Spread these while wet on the label of the envelope so that they will become compressed when the package is opened.
11 - Glue it up and deliver it.