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 my family's firearms at our home. Maine Game Wardens obtained a search warrant based on nothing but Pete's "felon" conviction from 1981 and the fact that they'd seen him carrying a gun, while hunting. He accepted a plea bargain, against my wishes: spent week in jail, has to pay a $2000 fine, and forfeited the 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 to obtain a warrant, 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. As if I didn't know it would be dismissed. This Committee's budget is controlled by judges. Why did I file a complaint? Well, Judge Hunter imprisoned me in the law library of the Superior Court. It's true, he had me handcuffed by the bailiff and escorted out of the courtroom when I tried to assist Pete, who had yet to be appointed an attorney. Judge Hunter wanted him to sign papers put before him by the prosecution: bail conditions, though he wasn't under arrest! With me out of the picture, Pete signed. And he was not too happy that I'd caused a scene, because he had to wait for me for about an hour after he got out of court. 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.

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