Thursday, July 28, 2016

I'm back with an important message! Don't trust Justice Hal Stewart

On Monday, July 20th, I appeared in Superior Court of Aroostook County, Maine, for a hearing on defendants' motion to dismiss my lawsuit... and discovered that the new judge, Hal Stewart, is dirty. 

Justice Hunter had been the judge presiding over my case against the former Long Lake Sporting Club restaurant owners Ken and Deb Martin. And though he had shown leniency in this case, I believe that Hunter too is part of a corrupt system. And I did file a complaint against him with the Committee for Judicial Responsibility and Disability... and like all others I previously filed years ago while living in Greene, it was dismissed. Here's something about Hunter from a prior blog posts:  Yah, well, he imprisoned me in the law library. It's true, he had me handcuffed by the bailiff and escorted out of the courtroom when I tried to assist Pete. He had yet to be appointed an attorney and Judge Hunter wanted him to sign papers put before him by the prosecution. They wanted Pete to agree to bail conditions...though he had never been arrested!    

Anyway, my lawsuit, CARSC-CV-2014-0001, against the Martin's of Sinclair Maine, stems from their firing me from my waitressing job in September of 2011... though it's unclear to me from their inconsistent responses whether they admit it or not. The reason for the firing, I allege is this: I notified them of certain illegal tip-pooling practices which had apparently been in place a long time; and also told them that it was illegal to send an employee home and not pay her at least minimum wage for hours spent waiting for customers to arrive. Here are the rules regarding tip-pooling at a U.S. Dept of Labor website. Under the Fair Labor Standards Act (FLSA) an employer cannot withhold an employee's tips for any purpose, including training.

Below, you can read part of the defendants' response to my claim in Superior Court before they hired an attorney. Since nobody had signed it the response of Nov. 10, 2014, I asked in my interrogatories, that the defendants admit or deny, and it was admitted. Please read story.    

After the hearing on July 20th, 2016 I felt that Stewart, who is a new judge in Superior Court in Aroostook County, was going to dismiss my lawsuit. When Attorney Trask stated concerns, Stewart made responses such as "that might not matter depending on how I rule on this motion." I had my interrogatories, and the defendants' responses with me, which I had only received lately. I had also requested defendants produce certain documents which prove my claim beyond a doubt. They failed to produce those documents which they easily could have. Lying under oath, and concealment of evidence is criminal. 

So after the hearing, to keep Stewart from dismissing the case, I went to the clerk's window and filed the interrogatories and responses, along with a hand-written motion to compel complete responses and produce documents requested. I also requested a jury trial, stating that I never waived my right; I simply couldn't afford the $300 fee, and had been denied indigency status. 

I have been scanning all my court documents, and recently I'm learning how to get them downloaded to my blog. On Thursday, June 23, 2016, Justice Stewart did dismiss my lawsuit... more on this, and Stewart later. 











Wednesday, August 7, 2013

The latest on Mary Kellett...

Well, here's news about Mary Kellett. An attorney named Luke Rioux posted the latest at his website Harmless Error, writing that the penalty for the Assistant D.A. Kellett's dirty deeds was "almost nothing." I had helped circulate a petition calling for her dismissal a while back, after Judge Kevin Cuddy found Kellett guilty of prosecutorial misconduct. She'd kept important facts of the case from Vladek Filler's attorney... evidence which was detrimental to the prosecution. Filler was then found guilty of domestic violence and/or charges of that nature.

Interesting, Kellett's disciplinary hearing was presided over by Ellen Gorman. She's the judge who kept us from getting to trial in Androscoggin Superior Court. After doctors at Blue Hill Memorial Hospital treated my son, Aaron, for a dislocated shoulder, we'd found out it was in fact broken. The fracture was so slight that it went undetected by emergency room doctors. Yet after they treated for a dislocation, my son needed surgery and pins because they displaced  the fracture. That happened in 2000, when Aaron was 14 years old. The case was pursued for six years with Attorney Anthony Ferguson before we finally got before the medical malpractice screening panel. After an unfavorable decision there, Ferguson dropped the case, and I filed suit on behalf of my minor son. Ellen Gorman, a Superior Court justice in 2006, soon awarded summary judgment to the doctors involved, though in their responses to my complaint, admitted a "valid claim exists to defend." Their attorney had asked for a jury trial and paid the fee. Now, here's something I discovered recently in the Maine Rules of Civil Procedure, Rule 38 e.  Withdrawal. A demand for trial by jury made as provided in this rule may not be withdrawn without the consent of all parties.
But it was.

Judge sentenced to 28 years... Yahoooo!!!!!!!!!

Remember a few years ago in Pennsylvania a few judges were selling out to private prisons... jailing adolescents who shouldn't be? Well, one of those judges was just sentenced... here's the story.
The state's Supreme Court just threw out 4000 convictions under Ciavarella's rule.


Tuesday, July 23, 2013

Marijuana legalization

Found a story titled Portland, Maine May Legalize Pot. Maine's largest city may soon legalize the herb.  
Among the plan's supporters, Maine ACLU representative Bob Talbot notes that Maine spent $8.9 million enforcing marijuana laws in 2010, and that 47.9 % of all the state's drug arrests that year were for pot charges.
Since legislators killed a bill to legalize pot recently, I read somewhere that it will be 2016 before any law legalizing recreational use could be passed and go into effect.

Wednesday, November 7, 2012

Pete accepts plea bargain.

Here's an update regarding the charges against my husband stemming from the April 28, 2011 search and confiscation of firearms at our home based on nothing but his "felon" conviction from 1981 and the fact that Maine Game Wardens had seen him carrying a gun. He accepted a plea bargain, against my wishes, and spent about one week in jail. He also has to pay a $1200 fine, and the state kept all of our guns.

Just before he pled guilty, I mailed to the court a motion to be an intervener in the case; but I got no answer. I have a stake in this, as the guns are marital property. The judge didn't acknowledge me as a party to the case, so didn't respond to my filing. However, the clerk of the court did send a date-stamped copy of my motion to the D.A., and to Pete's attorney who then sent it to Pete.

If a warrant is obtained on false or missing information which would have made a difference in the judge's decision to issue the warrant or not, the case should be dismissed. Well, I requested a Frank's hearing to challenge jurisdiction. However, since the judge wouldn't acknowledge me as a party to the case, that went nowhere. Getting Pete to ask the state-appointed attorney to do this was impossible; he just wanted to get it over with. And two other attorneys had asked to be dismissed from his case... probably because I was asking questions they felt uncomfortable answering, or just couldn't answer without admitting that the whole system is set up to screw the average Joe. Anyhow, law enforcement officers, in this case the Maine Game Warden Service, often play the "public exigency" card, when they have no real reason to believe any danger is about to come to the public.

It appears that Judge Hunter recused himself from the case. It could well be due to my filing a complaint against him with the Committee for Judicial Responsibility and Disability. Yah, well, he imprisoned me in the law library. It's true, he had me handcuffed by the bailiff and escorted out of the courtroom when I tried to assist Pete. He had yet to be appointed an attorney and Judge Hunter wanted him to sign papers put before him by the prosecution. They wanted Pete to agree to bail conditions...though he had never been arrested! With me out of the picture, Pete signed. And he was not too happy with me for making him wait in his truck for about an hour afterward. To be released, I had to apologize to the judge for disrupting his courtroom. The state has yet to return any of ours or our sons' guns.

Thursday, February 2, 2012

Nice Catch!







Pete caught this 8 pound salmon a few weeks ago. His two favorite things to do are fish and hunt; but thanks to the Maine Warden Service Pete is facing "felon in possession of firearms" charges. 

The felon status stems from something he did three decades ago! He never asked for a pardon, didn't think he had to. The state never notified him that he could not own guns until he obtained a pardon. Yet he passed background checks and purchased guns with licensed Maine dealers.   

At Pete's first appearance in court, Judge Hunter had me placed in handcuffs for nearly an hour when I tried to prevent Pete from signing anything without an attorney's assistance. What happened is during court I hollered out "Don't sign" when Judge Hunter and the prosecutor placed paperwork in front of Pete. I filed a complaint against Hunter, but the Committee on Judicial Responsibility and Disability dismissed it. I wasn't surprised. I've filed a few in the past... all were dismissed. 

Wednesday, January 25, 2012

Is there a pharmacist in the house?

Yes. after I wrote to Representative Joseph Bruno a few years ago asking for his help regarding a summary judgment by Judge Ellen Gorman in my son's medical malpractice case, essentially denying him a trial and telling him "You lose," Bruno resigned. Soon after that, I discovered his ties to the medical community. Well, a recent investigation reveals other legislators and their spouses who benefited from State of Maine contracts from 2003 to 2010 totaling about $235 million... contracts not required to be disclosed because the receiving party was the legislator's company and not the individual legislator; how sick is that?

In the story there's a link to a chart telling who and how much. 

Sunday, January 15, 2012

LePage proposes cuts - but there is a larger debt train than Medicaid!

A December 7, 2011 Morning Sentinel story gives these numbers:
MaineCare is a $2.5 billion-a-year program, although federal funding and other revenue cover most of the cost. MaineCare will cost the state's general fund about $660 million this year.
From a New York Times story on December 23, 2011, about Governor LePage's proposed Medicaid cuts:
Calling the state’s entitlement system “a runaway train,” he has proposed contentious changes, including some of the most drastic Medicaid cuts in the nation.
But Dan Billings in May of 2010, before he was appointed as LePage's chief legal counsel, wrote about another, even larger debt train than Medicaid - it's Maine's unfunded pension obligations, totaling in the billions of dollars! Quoting Billings from the article:
You may wonder how Maine has more debt than the bonds approved by voters. Though the Maine Constitution strictly limits loaning Maine's credit "directly or indirectly," through the years politicians have been creative in coming up with numerous ways that debt could be incurred without voter approval. Unfortunately, Maine's courts, beneficiaries of this extraconstitutional debt, have upheld such schemes.
Maine also has unfunded pension obligations totaling nearly $4 billion. In addition, unfunded obligations for health care coverage for retired state employees, teachers and legislators is estimated to be more than $2.2 billion. These are bills that are certain to come due that will be paid by Maine taxpayers.

"Legislator loophole" - Governor LePage proposes to close it

Legislators may soon have to disclose more about their ties to companies which receive government monies. From the story:  
Current law only requires that legislators or high-level state employees report state purchases of goods or services worth more than $1,000 directly from the individual legislator or family member, not from a corporation or entity for which the legislator or family member works.

However another loophole exists; and Executive Director of the Ethics Commission, Jonathan Wayne, doesn't believe that one can be closed until 2013. From an earlier story by the same authors:
There is no disclosure form on file, for example, for the last month and a half that Kurt Adams served as chairman of the Public Utilities Commission in 2008.








  

Thursday, December 22, 2011

I take it back...

I've since corrected one of my blog entries in which I said Pete had accepted a plea bargain on the "felon in possession of firearms" charges. He didn't, but just wanted me to think he did. He's just anxious to put this all behind him; but that won't happen. The prosecution, the judge, bailiffs, court clerks, law enforcement officers... they need work, and there apparently isn't enough crime in Maine, so they try to extract money from harmless people like my husband so they can keep their cushy jobs. 

Here's a link to information about unlawful arrests, malicious prosecution, etc.

Wednesday, November 9, 2011

Felon in possession case law

Here's some case law that I should print out and give to my husband, Pete. It concerns a nonviolent felon charged with possession of firearms.

I'm blogging from the Madawaska Public Library. I've moved, and my Internet is currently disabled; so my roadrunner account isn't working. I'll be creating another through gmail or hotmail.

I got a new job: inspecting military garments at Creative Apparel in Fort Kent. 

Wednesday, October 26, 2011

Food for thought

I've been soooooo busy. I'm trying to get my rental units occupied for winter, and my father-in-law, Alcide Michaud, passed away on October 2. 

I started work as a waitress on Friday, September 30, at the Long Lake Sporting Club in Sinclair. I hadn't done anything like that since high school, and was fired up about the chance to earn a hundred or more dollars in like five hours of work; however, I was denied an equal share of the pooled tips! Telling me I was still "in training" the owners allowed the waitress in charge to give me less than half the pay other waitresses received... including one who was hired a few days AFTER I was!  

About the Equal Employment Opportunity Commission

And now I've been fired. Quoting the owners "It's just not working out." What a disappointment. Luckily chef and co-owner of The Swamp Buck, Mark Tardif, had called me just a few days before I was fired, and I've been putting in a few hours at the restaurant, doing some cleaning. We actually get to take breaks there, and we have a time clock... unlike at the Sporting Club. Though it isn't illegal to not have a time clock, it is illegal not to pay employees for hours worked simply because you didn't get any customers that day, or night.

Maine Department of Labor


Maine Human Rights Commission - The Whistleblower's Protection Act is supposed to protect a person who reports his/her employer's illegal activity and then is fired. You'll find actual reports at the Commission's website, however names are hidden. 
 

 


Deal, or No Deal? The plea bargain

I came upon this information about plea bargains and thought I'd share it with you as well as list it under my Law Links.

Pete (my husband) had to appear in court today regarding the "felon in possession of firearms" charges. He wouldn't let me go to court with him and he didn't bring home any paperwork. He said he was unable to speak to the judge and that the Assistant District Attorney, April Hare, would like to see him get jail time if he doesn't accept a plea bargain! He is very stressed out about this situation. Hunting was a sport that he enjoyed so much, and now Maine State employees have taken that away from him, and turned our lives upside down. One of our sons blames us because his guns were taken from our home and we haven't been able to get them back for him. 

Back in May I blogged about the unreasonable search and seizure in which ten or more agents of the state took over a dozen guns (most belonging to our sons) from our home on April 28, 2011.

Pete's court-appointed attorney, Tobey Jandreau, apparently filed a "motion to suppress statements of defendant" but he never sent a copy of the filing to Pete. Jandreau should have put in a notice of disqualification of the judge. I provided him a copy of the letter I received from the Committee on Judicial Responsibility and Disability acknowledging receipt of my complaint against Judge Hunter.

Thursday, September 29, 2011

Maine is in the spotlight again!

Click on the headline to read the story. Quoting from it:
"Presidential candidate Bob Barr has called for an investigation into civil rights crimes committed by Kellet and renowned private investigator TJ Ward has been tackling the case for Filler free of charge. According to Ward, this prosecutorial corruption scandal is affecting numerous innocent lives. As Kellett’s wrath wages on, more men in the town of Ellsworth aren’t safe from persecution as the DA continues her witch hunt."




Monday, September 26, 2011

Intervention is key to a safe community! Maine man with extensive criminal record shot by police, dies.

I just learned about this story, posted earlier this morning. Paul Fritze opened fire in the home of a neighbor who had invited him over for a birthday party; and Maine State Police shot and killed him. I agree that guys like Fritze should not be allowed access to guns. Quoting the Kennebec Journal story by Craig Crosby:
A New Jersey probation officer was quoted in published reports describing Fritze as dangerous, "a time bomb and an accident waiting to happen" when in possession of a firearm.

However, grabbing guns from someone who has been labeled a "felon," as my husband has, but who has since changed his/her ways, is nothing but a revenue-maker for the state; and laws which enable such action do nothing to prevent true crime, and actually increase organized crime, committed by agents of the state and federal governments.

An apparent neighbor of Fritze, Donna Bruen, "said she wishes that neighbors had done more to reach out to Fritze" Crosby wrote. Intervention is integral.  

They have a Right to censure, that have a Heart to help: The rest is Cruelty, not Justice. ~William Penn 

Saturday, September 24, 2011

Judge dismisses "eavesdropping" charges against Illinois man

Michael Allison was facing 75 years in jail for recording police officers in court; certain statutes in Illinois make it a felony to record without the permission of all parties. Fortunately, Judge David Frankland dismissed the five counts.

Allison, who repairs cars, was facing charges for breaking an ordinance dealing with non-registered vehicles in his yard, and had asked for a court reporter in his case; when he was denied, he recorded the proceedings himself.

Judge Frankland takes a common-sense approach. He states:  
“The statute [as it is currently written] includes conduct that is unrelated to the statute’s purpose and is not rationally related to the evil the legislation sought to prohibit,”
Allison was a guest on Rule of Law Radio, where you can listen to the archived show. The charges appear to have been in retaliation for Michael Allison exposing what is described at the Rule of Law website as "a massive car title theft ring implicating public servants of municipalities, sheriffs departments, and the State of Illinois." Wow!!!!!!!!!!!!!!!!!! 

Maine v. Roland G. Pouliot

I was looking for Maine cases regarding instances in which someone had been charged with "possession of firearms" that were actually owned by someone else; and I found a 2003 Maine Supreme Court case Maine v. Roland G. Pouliot.

The State of Maine confiscated eighty-eight firearms from the Pouliot family! The defendant's wife, Sylvia, and her son operate a discount store in Machias, Maine; and son Jamie operates a pawnshop. She confirmed that all but one gun, a black powder rifle, were returned to Jamie, who was a third party intervenor. I spoke with Sylvia Pouliot today and she said her husband did spend 90 days in county jail for the charge, but there was no fine. They hired their own lawyer, and she said costs were about $30,000.        

Friday, September 23, 2011

Supreme Court rulings - Gun "use" in drug deals

I found this entry at Wikipedia very interesting. The Supreme Court, in one case (Smith v. United States), found that trading an automatic weapon for cocaine constituted "use" of a firearm in a drug deal; but in Watson v. United States, receiving a firearm in a drug trade was not considered "use."

In Watson, Justice Ginsburg was in the majority. Quoting from the Wikipedia entry: 
Her reasoning is that she defines the word “use” to mean using as a weapon and not in bartering transactions. She also goes on to state that she would overrule Smith, 508 U.S., at 241, and make the precedent both “coherent and consistent with normal usage.”



   

Thursday, September 22, 2011

I found Laura! Or she found me rather.

When I opened my email earlier I found a message from someone who I thought I'd never hear from! Click on the headline to read Laura's story at Ripoff Report. Judge French screwed us in 2004, and in 2005 Laura wrote about how Judge French ignored her evidence after she had her son taken from her due to her husband's actions. 

I didn't discover the story until the autumn of 2009, at which time I posted about it; and hours ago Laura posted a comment under that post. Below is the email message I received. Thanks Laura... I definitely do plan to keep in touch! 

Laura Kirkland has left a new comment on your post "Government Monster Out of Control - CPS/DHS - Augusta Maine.":

Hello,
My name is Laura Kirkland, the woman mentioned in your posting here. It has been several years since I wrote that account of my DHS/CPS nightmare. Since then, I have tried to stay active in working with and helping other individuals and families affected by unbalanced, unethical, tyrannical and often illegal policies. I am very interested in working to make changes in our VERY primitive system(s). Although I am now 47 years old, I am a senior in college working towards my Bachelors of Science in Psychology and Criminal Justice. I also believe that active communication is key to successful changes and am very pleased to have found this site!
My email address is LauraKirkland123@aol.com if anyone would like to contact me regarding...anything :)
 

"Hunter" season is here!

Tensions are high in the Michaud household. Hunting season is here and our sons want their guns back! Our oldest telephoned the Maine Warden Service and was told the guns would probably not be returned, and that he'd better have good receipts.

Pete's court-appointed attorney, Toby Jandreau, has done virtually nothing to get the ridiculous charges against him dropped... you know "felon in possession of firearms" and "fraudulently obtaining a hunting license." The lawyer should disqualify the judge, whose name is ironically "Hunter"; and the Assistant D.A.'s name is April Hare. The D.A. made Pete an offer: forfeit the guns - although it's not clear which ones as the state hasn't bothered to determine who actually owns them - and pay a total of $2500 in fines. Scroll back to my May 3 blog entry to read more.





Sunday, September 18, 2011

1902 Dick Act invalidates gun control laws

Apparently, legislation passed in 1902, called the Dick Act, invalidates all gun control laws; the problem is, Congress just ignores it.

I want to thank the anonymous commenter to my July 14, 2011 blog post for bringing this to my attention. 

Monday, September 12, 2011

AFFIDAVIT UPON REQUEST BY JUDGE

Rod Class put in an affidavit (click on title above to access it) in his traffic court case after the presiding judge requested he do so. The judge, Howard E. Manning Jr., has since recused himself. 

You'll find a link to the affidavit, and other documents related to the issue of "driver's licenses" and "travel," at the Rod Class Team website. Just scroll down to the section about the traffic case. 

Here, in Rod's letter to the North Carolina Department of Transportation, he includes various sections of United States Code, Title 49, and explains the codes don't apply to the average individual, but to those who are operating in commerce... that is, being paid to transport goods or people. 

Wednesday, September 7, 2011

Promises, promises...

As a gubernatorial candidate, Paul LePage promised transparency; but as governor of Maine, he's not being very open about his schedule of activities. Here's the story.

Wednesday, August 24, 2011

Update from Bill Windsor

Though the grand jury had, according to Bill Windsor, invited him back on Tuesday to present evidence of corruption, the jurors apparently disappeared before he could. Here's the story. 

Saturday, August 20, 2011

Grand jury in Georgia accessed by private individual!

Bill Windsor got before the grand jury in Fulton County Georgia today. The grand jury is supposed to be a tool for the people to bring charges against corrupt officials, but access to it is routinely blocked. From the website of Lawless America... here's Bill's report! 

Bill will discuss the encounter on The American Reconstruction Project call this Saturday, August 20, with Jack Bauer.

Monday, August 15, 2011

Budget for legal services for indigents... not enough?

The Maine Commission on Indigent Legal Services responds to request to slash its budget by saying it wants more money! Its chairman, Ron Schneider, said:
“Our obligation is to provide those people, if they are indigent, with an attorney. That is a constitutional obligation that we have.”
Constitutional obligation? Nice try. The Bill of Rights protects a person's right to counsel; it doesn't obligate taxpayers to fund anything. More important is that an individual gets due process of the law... a fair trial; and that's just not happening, no matter how much money the state pays out to attorneys who provide counsel to indigent defendants.

The story mentions that the process for collecting payment from defendants found at least partially able to afford counsel will be changing next summer. 

Friday, August 12, 2011

"Kids for Cash" judge sentenced!

Pennsylvania: Judge Mark Ciaverella Jr. was sentenced on Thursday to 28 years in federal prison for sending kids as young as ten years old to juvenile detention centers without due process.
Federal prosecutors accused Ciavarella and a second judge, Michael Conahan, of taking more than $2 million in bribes from Robert Mericle, the builder of the PA Child Care and Western PA Child Care detention centers, and of extorting hundreds of thousands of dollars from Robert Powell, co-owner of the facilities.






Wednesday, August 10, 2011

Relief from prohibition to possess firearms - U.S.C. 18, Section 925 (c)

I did a little research and discovered how a person who has been prohibited from possessing firearms can apply to get his rights restored: and, according to U.S.C 18, Section 925 (c)... 

Any person whose application for relief from disabilities is denied by the Attorney General may file a petition with the United States district court for the district in which he resides for a judicial review of such denial.
However, it looks as though there's been no funding available to review applications since 1992! Here's a story from February 2002, written before the Supreme Court reversed a 2001 United States district court decision which had restored convicted felon Thomas Lamar Bean's firearms rights, or privileges. From the 2002 Supreme Court decision U.S. et al v. Thomas Lamar Bean   
"... while the Administrative Procedure Act (APA) draws a distinction between a “denial” and a “failure to act,” see 5 U.S.C. § 551(13), an applicant may obtain judicial review under §925(c) only if an application is denied."
... sneaky.

MAINE TEA PARTY

Just wanted to post a link to the Maine Tea Party, which has 1021 members currently. I highly recommend joining your County group after signing up! 

Tuesday, August 9, 2011

Fourth Amendment - Maine Supreme Court ruling upholds privacy rights

I blogged about this case a little while ago; at the time, the Maine Supreme Court hadn't yet made its decision. Well, last week it ruled in favor of an intoxicated motorcyclist who'd been stopped by an officer who hoped to get information about a car the officer had seen speeding. The motorcyclist was convicted of Operating Under the Influence (OUI); and he appealed.

In the lower court, Judge Hunter (who had me handcuffed for trying to assist my husband in his "felon in possession of firearms" case) had denied the man's motion to suppress evidence of his intoxication. The Supreme Court ruled that the public safety concern (the speeding car) was not great enough to justify stopping the motorcyclist, and evidence of the OUI, gained from the stop, should have been suppressed. Here's the case! 

And here's a list of the latest Maine Supreme Court opinions.