solookup
02-03-2008, 09:20 AM
http://www.thetreeofliberty.com/forum/viewtopic.php?t=2683&postdays=0&postorder=asc&start=0
Trasael Adnepos
Sun Dec 16, 2007
Asking for your prayers if you know and serve Jesus Christ, as I return to battle with the Beast this Wednesday in my four year land rights battle for having maintained my own pasture land, cut firewood, and maintained my historic private access road in 2003, all exempt maintenance under state law approved by Department of Natural Resources, but prosecuted ex post facto by the county after the statute of limitations had expired, for my refusal to pay five figures in extortion and protection racketeering and forfeit 50-80% of my land absent the required compensation, as "environmentally constrained". "Wetlands" have been overlaid totally ex post facto, my deed has been clouded and slandered illegally, and I have already spent 60 days in jail for completely bogus "contempt" charges which fit no statutory or other definition, but the remaining two of five (the other three were thrown out) are consistently denied hearing in the appellate courts because the judge threw me in jail stating I had no right of appeal and violating every due process protection which ever existed.
This is my appeal hearing for a misdemeanor conviction with a bail of $100,000 cash no bond, (for an offense with a maximum fine of $1,000), obtained by blatant fraud and a kangaroo trial Hitler would be proud of, in a court which acted wholly without jurisdiction at least three different ways, where my I was denied all witnesses for the defense, where the decision will either set me free or send me to jail for 90 more days.
My appeal brief includes some 108 assignments of error, nearly all of which are reversible, and I am also arguing my collateral attack at this time on jurisdictional issues separately, (the timing is not by choice but ordered by the court, perhaps to extinguish my only other remedy concurrently while I am held incognito again), but the presiding judge has shown no interest in the law to date. The courts here have changed the rules so that appeals from the district courts are heard in the superior courts in the same county, and there is no further right of appeal, period. One can petition for discretionary review further, but so far I have been "clerked out" to protect the guilty.
The state's attorney general has declined to step in, the prosecutor special division has gone silent despite no less than 12 verified criminal complaints filed against county agents and officials which require probable cause hearings under our laws, and those complaints literally disappeared from the court record, (a felony). The ten or so major land rights organizations in the country have declined assistance because I was charged with a "crime" (illegal wetlands activity where no wetlands existed until they were conjured into being AFTER my trial), and they don't risk sullying their reputations with that sort of of undesirable.
I have the county dead to rights on issues which expose and terminate their shake down racket I have been subjected to, inclusive of but not limited to the complete absence of any underlying statutory authorization of law for the code they charged me with as applied, though it is mandatory for them to record the specific statute each code enacted is designed to implement, and they have not. It is also over four years since my first mandatory Public Disclosure Request (state version of FOIA), with many since and criminal discovery denied with impunity.
The intent to date has clearly been to bury and punish me for exposing them, and I will not go down quietly to the local implementation of UN Agenda 21, which is the end of individual property ownership and hence the Republic. No substance, no sovereignty, friends.
Please pray that our Righteous and Holy God will get hold of the heart of this appeal judge and turn it to obey the law. They have many outs (reversible errors) they can use to set me free without turning over their whole manure wagon, some of which will even minimize liability of the individual criminal actors in official capacity.
Please pray for me for strength and wisdom as I have much more to do to prepare oral argument and failsafe contingency filings to higher courts in the next two days than one man can possibly do, and am weary.
Thank you kindly. I'll let you know how it goes if possible.
I can't return to answer all your questions or discuss this in detail, but do appreciate those of you who pray. This thing clearly requires Divine intervention. I have gone steadily further afoul of them for demanding that law is honor. The enviro-nazis are powerful and entrenched here. The worst of it is that my dear wife cannot really run this place in the winter without me, and they are planning to literally tear out the artesian well and turn it loose into the pasture to make a proper wetland, then destroy the road, but God knows this also.
Merry Christmas to all.
Tras
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Fri Dec 21, 2007
Fri Dec 21, 2007 9:26 pm Post subject: Reply with quote
Well, the fix was in, and after over 3 hours of absolutely setting the thing to rest, the "judge" "adopted all of the reasoning in the state's brief", (which did not address at least ten major issues fatal to their case as a matter of state supreme court and SCOTUS case law, and which the persecutor evaded in his oral argument, which basically centered around character assassination calling me a constitutionalist nut case), and refused to provide findings of fact and conclusions of law for further appeal, (required by law in this state). Thankfully, they aren't supposed to enter the order and send me back to the district court to be sent back to jail for 30 days, and it should invoke a stay at least while I get clerked out at the next level to file a petition for discretionary review, (you have no right of further appeal here, so they can fix it in the county of origin if it's dirty enough, and keep it there), but God is able to open a door further up, and I am going to try.
Thanks to those of you who pray. I blew a gasket after court that day, almost blacked out several times from intestinal pain after starting home, and barely made it to one of my daughter's who thankfully lives close to there and is an ER charge nurse, where I collapsed trying to get up the steps. I was soaked with cold sweat from the pain, and lost a bunch of blood through my intestine, and my pulse was down to 40 per minute at one point. She wanted to admit me, but I no way have the dough, wasn't about to let the enemy add insult to injury and put me in debt, and after a real bad night and a not so good day, I am on my way back, with all the right things in there and lots of cayenne to cauterize. I must be getting old.
Somebody said I should have kept a sample of the water they put on my table in court, since I have no history of anything even related, but even though they are decidedly evil, I wonder if they are quite that brazen. They certainly are entirely devoid of honor, their oaths are meaningless, and they have done consistently what they are forever prohibited from doing. Thanks again for your continuing prayers. I cannot afford to go back to jail at this point, but they know that, and are determined to make good on their threats. When are people going to get it that we have to turn this thing around now or never, and stop toeing the party line?
God still controls the lightning...
Tras
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Fri Jan 04, 2008
Passing strange advice from "freeholder", there Kathleen, but thank you. It seems we need to eat, grow our food, and feed our critters, and have a roof overhead. I do realize God has promised to provide, but we are rooted here (26 years now), and I just pruned my fruit trees and vines, and spent a day I didn't really have to spare repairing the chimney from that roaring chimney fire that cleaned it out real good on Christmas. This is where we stand, and having done all, to stand. I don't know I could operate or make a living from anywhere else, let alone afford anywhere else, and I think most landlords frown on collecting salvage construction materials, composting chips and horse manure, free range chickens, building raised beds and agricultural grade plastic greenhouses, recycling heavy machinery, and harvesting trees as renewable resources, or plowing up the yard to plant food.
Can't say I could get used to some joker sending me a bill for water, either, let alone living somewhere the enviro-nazis would show up if I heated with wood to warm my buns after working in the soaking rain all day pounding nails. Don't know if the hive dwellers would get along well with my mastiff hound, either.
Good news today, though. Please keep praying, you all. I had a minor breakthrough which could become a major. I got a notice in the mail says the court of appeals clerk has recalled his Certificate of Finality issued in their refusal to hear my Petition For Discretionary Review on the two remaining counts of contempt, which are, oddly, even more illegal than those three which were already reversed in the Superior Court appeal of the district court which did the dirty deed. What this does is allows me to file a Motion For Discretionary Review to the State Supreme Court. No guarantee of hearing, but that's where prayer comes in. All I need is one person in a decision making capacity only who is on the level, and I can not only clear my name of those charges, but the jail time served would pretty much take care of my pending sentence.
The alleged counts for which I spent 63 days do not meet any statutory definition (required) of contempt, I was denied timely requested findings of fact and conclusions of law (required BEFORE one is thrown in jail), and the constitutional due process and rights violations are horrendous. I was told when I was summarily arrested without mitigation hearing (required by statute) that I had NO right of appeal, I was denied counsel and notification of the right to counsel, the "judge" was white-faced losing it angry, hurling personal insults and going off about the land having a history and future into the mists of time, my momentary title being meaningless, and accusing me of "deprivations" in the context of making the land a living being! If ANYBODY is left who is sane in the judiciary, (and don't forget they clerked me out without hearing at the appeals court level, but there were certain irregularities in the process which apparently were not brought to the head Clerk's attention, and which he may not have wanted his name on when I exposed them, or may just be a decent man who has a sense of fair play and didn't tolerate what his underlings did to bury me for local influence once he knew about it), this is the opportunity to clear my name of the contempt convictions, PLUS there are issues here which dovetail into the appeal I was just denied in the Superior Court, inclusive of but not limited to powerful jurisdictional issues, which IF I get heard and the state supreme level can reverse everything they have done to me and wipe it.
The other thing this does, even if the state supremes won't hear it, is, (and SCOTUS is the only place I haven't been before fighting corruption), I can apply for direct review to SCOTUS to apply to have them order the state to obey its own constitutional mandates, and again, if there is any law left, there is no wiggle room here.
So thanks for your prayers, and please continue. I don't have to tell those of you who understand that it it your liberty and God-given rights also.
Our GOD is mighty to the casting down of strongholds, and I don't where exactly He wants this thing to land, but I do know my cause is just, and that where the Law of The LORD is, there is Liberty. This news is timely encouragement and refreshing, but most of all, it is Divine intervention AFTER the situation was humanly hopeless. Hallelujah!
Tras
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Mon Jan 28, 2008
If any of you have an extra moment of prayer, I could use some cover again. They did go ahead and defy the procedural law and issues a summons for me to appear for slammer duty, despite my continuing applications for review to the higher courts which prohibit this unless and until I am ultimately denied review. I have yanked their chain hard on it, and the LORD seems to be working on at least one of them in administration, who admitted the error of his office to me today, but it's not like I have it turned around in writing yet, and I need it to be.
After working into the night all weekend, I finished compiling 127 pages of Appendix today, cross-referenced to my motion for review (20 pages) to the State Supreme Court, (when I should be making a living instead), and I ask for your prayers I won't be clerked out again without hearing, because the law will make winged monkeys of anyone who will actually read it and refuse me justice, not to mention this is my last shot at the bogus contempt charges I spent 63 days in jail on in O6 as direct retribution for refusing taking of my property absent compensation, and relying upon the rule of law to refuse coercion and extortion under color of law.
I now have two days only, if the LORD does not intervene directly in having my motion for extension of time granted, to completely research, compile, write and file a like motion for review in the Appellate courts, on the "wetlands" misdemeanor conviction which was attempted to be fixed and deep sixed to cover a dump truck load of corruption on "appeal" by the Superior Court judge in December, described above. I really don't know if I can humanly do it, given the time invested in this other filing deadline, but He does. If you're reading this, please ask Him if He might stir up someone to grant me an extension of time to file. My motion for that has real merit, in that the Superior Court judge who did the dirty deed to cover the underlings refused to issue findings of fact and conclusions of law, (the reasons for her decision), which are required by law in this instance, and which I have tied in to the same motion for the higher court to enforce before I must file, because it is doubly difficult to combat a phantom.
Thank you, good people. God is at work, and even if The Beast wins this round, He is still LORD, but I'm looking for High Victory. When there is no other or human way possible, He is able. Prayer changes things. Praise Him!
Tras
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Tue Jan 29, 2008
Some of you are praying and get heard! THANK YOU brothers and sisters! Today I got the Summons to put me back in jail in February cancelled. The court administrator I spoke with and documented the "error" to kept his word, and sent his counsel up there to tell them to withdraw it. Praise God! I have here on my desk a fresh copy of the Summons with "CANCELLED" stamped over it!
Whew! Live to fight another day! Now please keep praying for that extension. Here's the update:
After going and getting six-hundred-some pages of copies made and bound for the state supreme court filing today, (no WAIT, I have to tell you this:
There I was running the first copy of that 127 page pleading through the machine at the UPS store with it programmed to make four more, and on page 88 the machine stopped dead, with paper sticking out of the chute part way. No alarms, no jams, no nothing. I called the gal over and showed her, explaining it was a legal document and I couldn't afford to lose a page or have it mutilated. She said nothing was wrong with the machine, and we should wait to see if it was scanning into memory or something. We waited. Nothing. Waited some more. Nothing. So I had her reset the machine so it would spit my paper out, removing what I had in the feeder. Pages 89 and 90 were missing! I asked if they could be jammed in the machine. She opened everything and no paper! She explained that machine couldn't suck it down into the guts because it scans and showed me.
Upshot was I had somehow lost those two pages out of the original (I remember copying them at home and numbering them), and would have screwed up my filing to the state supreme court if that machine hadn't stopped at exactly the right page to show me. She said that was a very strange thing to see, that it stopped exactly where I was missing two pages, and wouldn't go until I realized it. I told her it was definitely divine intervention, and that I would be right back... Laughing )
Now, about that prayer for extension to file for the other review in the Appellate court:
After that I felt impressed on the way home to call the Appellate court and ask them openly about the extension and why they were running me to the deadline with no answer, when I had filed the motion ten days ago. They were just now even assigning a case number and manager, and when I got her on the line and tried to explain the catch 22 I am in, she told me I would have to file a written formal motion. I said, huh?, I filed it ten days ago. She went and and looked, came back and told me it had apparently been "lost". Now I filed that thing by fax to a court computer that retains everything in hard drive, including who retrieves or deletes what, and I have the transmission verification report. I have never even heard of a filing being lost in the appellate court, but have had things every bit as irregular occur up there in the past year, (as in filings being buried and not acknowledged), where a certain corrupt official I know obviously has friends. So I faxed her a new copy with the original dated proof of service, and am praying God will use it being "lost" to alert someone honest to the games being played with my liberty and property; and if it is simply somehow human error, that will work in my favor instead of against me for the extremely short time for resolution.
Please keep praying folks. This one is BIG. BIG because this one little decision in my favor for good cause tweaks the rudder on the Titanic.
Tras
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Thu Jan 31, 2008
MORE answered prayer.
At "1 minute to midnight" (today mid-morning, the deadline for filing what I cannot complete in time), I received word by phone I have been granted an extension of time. The story is unbelievable, and I can't put the whole thing here, but get this.
By herding cats with fax paper and phone calls at the state supreme court and the appellate court these past few days, two days before the deadline I was told by the appellate court the motion for extension had been "lost", and faxed another copy with proof I sent them the first one ten days earlier.
The next day, (yesterday), I received in the mail a ruling granting an extension on that motion in the state supreme court, but it was granted in the wrong case, which they had opened a new case number mysteriously without my ever filing anything to prompt that.
Last night I documented all this with proofs of service, case numbers, etc., and faxed it to the person authoring the ruling at the supreme court, with the right people at the appellate court, asking if it might be applied in the correct case, since the facts and law had been ruled upon. A couple of hours later, I hadn't been able to get through to a live human at the appellate court, so I called the supreme court and was put through to the person who made the ruling. They had read my fresh documentation, and said my motion had been sent to them with a cover letter when it was originally filed in the appellate court, (deep-sixed?), and then told me the extension could not be applied in the correct case, that the appellate court would have to decide that. I explained it was the deadline, that my liberty is at issue, and asked if they might at least contact the appellate court. Th
When I finally got through to the appellate court more than an hour later, they had just received a communication from the supreme court, and had granted my extension for three weeks. Praise God! He works in mysterious ways. I even think He may well be using this to introduce me to both courts afresh with a "splash", as now they know I can herd cats, and have friends in high places.
Keep praying now, because I NEED to get heard, and they don't have to do it.
Blessings and thank you again who pray.
Tras
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