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. I was excited 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." 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. I met a woman there named Mindy, who said the owners of the Sporting Club, Deb and Ken Martin, had done the same thing to her.

 

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

My husband, Pete, had to appear in court today regarding the "felon in possession of firearms" charges. He wouldn't let me go to court with him. He wants to get this over with. I want him to go to trial. It's causing alot of anxiety in our home. 

Hunting was a sport that he enjoyed so much, and something our sons liked to do with him. Maine and federal law enforcement officers, judges, and other players in the so-called "justice system" have turned our lives upside down. 

Back in May I blogged about the unreasonable search and seizure involving about a dozen employees of Maine - most of them Maine Game Wardens, and ICE (Immigration and Customs Enforcement). 

Agents of the state and federal governments took over a dozen guns - many belonging to our sons - from our home on April 28, 2011. They did it under the guise of public safety, even though they waited 3 months before acting on the knowledge that Pete was a "felon" and in possession of a firearm. We kept our family's guns in a locked safe until needed during hunting season.

Here's some information about plea bargains from a 1979 law journal, titled Plea Bargaining - A Necessary Evil? 

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 whose been labeled a "felon," as my husband has, but who has since changed his/her ways, is simply put a revenue-maker for the state. Laws which enable this 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 

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.        

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.”



   

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.

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. 

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. 

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.

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. 

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.

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. 

"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.

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! 

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.

Citizen's (or warrantless) arrests in Maine

I found this information regarding citizen's arrests in Maine. It's nice to know that if an individual witnesses someone committing any Class A, B, or C crime, he can do a citizen's arrest. Some Class D and E crimes qualify as well, such as obstructing government administration.

Here's a list of crimes by felony class (A-D). And here's Title 17-A, The Maine Criminal Code, where you can look up the list of Class D and E crimes listed in subsection 2 of Section 16 (Warrantless arrests by a private person) which an individual can be arrested by a private person for committing.   

Recent Supreme Court ruling - unanimous

A jaded wife tries to poison her ex-friend who she has found out her husband has impregnated and here's the ruling which comes of it. It's actually a victory for individual and state rights.

Bond was a microbiologist who pled guilty to putting chemicals in her husband's mistress' mailbox, and was charged under federal chemical weapons statutes. But those statutes, her lawyers argued, were intended to fight international terrorists using chemical weapons of mass destruction! From the ruling....

In this case, Bond argues that the statute under which she was charged, 18 U. S. C. §229, exceeds Congress’ enumerated powers and violates the Tenth Amendment .

Bond was sure to receive less jail time if she were convicted of charges in state, rather than federal court. The United States Code - a unanimous court ruled - "violates the Tenth Amendment because the police power to prosecute criminals is a power reserved to the states." The Code has international underpinnings... the Chemical Weapons Convention of 1993. The ruling allowed Bond to have standing as an individual bringing a Tenth Amendment claim of violations of state sovereignty.

Another blow to the right to bear arms - Ohio

In Montgomery County, Ohio, a man is facing felony gun possession charges after he purchased guns and didn't know that due to his 2006 misdemeanor conviction for possessing marijuana, Ohio law forbid him from owning. 

The county court had dismissed the charges, but the District Attorney appealed and the appellate court ruled against the man, Paul Stone. Can it get any worse?

Maine State Prison Warden caught!

I just learned that Maine's attorney general has held void a real estate deal which Patricia Barnhart, (the state of Maine's prison warden) and her partner are (or were) going to benefit substantially from. The two recently purchased Maine real estate for a fraction of what the town of Thomaston had it assessed at!

I bet she hasn't even been fired yet, and won't be. Barnhart lived in one of the houses on the property, which she was going to try to subdivide apparently. The $175,000 purchase price is $283,000 less than the town-assessed value! Governor John Baldacci was still in office when the real estate company which negotiated the sale stepped in to "help" the state; one thing is sure, it helped itself to a hefty commission, while never marketing the property to the public. Quoting from the headline story:

In September, CBRE Boulos won the job of helping the state sell its real estate. The company had a marketing plan for the property in Thomaston, but the state never marketed it to the public.

 And from another story:

But Betty Lamoreau, the acting director of the Bureau of General Services, defended the sale as proper and said her agency was under pressure from the Legislature to sell properties to raise $1.5 million needed help balance the state budget.

And in case you prefer to watch the news rather than read it, here's a video for you.

Americans for Fair Taxation!

Click on the headline to find the director in your state! If we can get Congress to pass fair tax legislation, the IRS will be abolished! 

I've added a link to the "Fair Tax" main website under National Grassroots Organizations.

"What Happened to the Constitution"

This video, by Mark Wasmuth, explains some of the fraud in government.

Maine Clean Elections Act - Suggestions being taken

In light of a recent Supreme Court ruling in Arizona, which I blogged about on July 21, 2011, the Maine Governmental Ethics and Elections Commission is taking suggestions on how to improve Maine's Clean Election Act... especially the matching funds portion; a similar provision was held unconstitutional by the Supreme Court of AZ. At the Maine Commission's website, (at the top right of the opening page), you'll find the invitation to comment on the MCEA: however, it appears most of the links to information about the MCEA are broken. Here's a story with more information, and here's the email address to send your suggestions to the Commission:


jonathan.wayne@maine.gov
and phone: 207 287-4179

"Felon in possession of firearms" update

Pete just got back from Superior Court, where this morning he plead "not guilty" to charges stemming from the search warrant at our home on April 28, 2011.

I suggested that Pete not enter any plea, as that's sort of an admission of jurisdiction over him... which the court actually lacks. However, he just informed me that the court-appointed attorney notified Pete that he would be held until he entered a plea. Well, according to Rule 11 (a) 1 of Maine's Rules of Criminal Procedure, if a defendant fails to enter a plea the judge will enter a "not guilty" plea for him. 


Pete told the attorney that he'd been without representation during his initial appearance; and according to Rule 5 (d) of the MRCP, if a person who requests counsel qualifies, counsel shall be assigned "not later than the initial appearance." Obviously Pete didn't have counsel for his initial appearance on May 19 - I later blogged about how I was handcuffed for trying to assist him, and according to Pete, Judge Hunter apparently banned me from the courtroom, unless I have charges pending against me! Oh, and I discovered the following in the Maine Rules of Criminal Procedure, under Rule 1 (b) Scope...

"These rules are not applicable to forfeiture of property for a violation of a statute of the State of Maine or the collection of fines and penalties."   

The courts use Black's Law Dictionary; so I googled Black's definition of "forfeiture." From the link, the term "forfeiture" is defined as "the loss of property or a privilege due to breaking a law."

MCEA "matching funds" case

A Republican serving in the Maine House of Representatives filed a lawsuit last August, which was ruled on yesterday. Andre Cushing had not taken advantage of Maine's Clean Elections funds in 2008 and 20010; and he felt that it was unfair to taxpayers, as well as a violation of his right to free speech, that - quoting from the story - "his opponents received extra public money based on how much he raised and spent." 

David Crocker was Cushing's attorney on the case. Crocker is the attorney for the Maine Heritage Policy Center, which last June filed a lawsuit against the Maine Municipal Association, "accusing it of illegally using taxpayer money to fund political campaigns." I just spoke with Dan Deveau, town manager of Cyr Plantation (a co-plaintiff in the lawsuit); and he tells me the case is pending. 


And from a story that was posted online virtually minutes ago:  

"The Legislature earlier this year ordered a process to fix the law, and it starts with a July 28 Commission on Governmental Ethics and Election Practices session."

The Commission is taking suggestions on the "fix." I think there ought to be a limit on the number of roadsigns politicians can put up, as well as amount of advertising they can do. I like the idea of debates being held and broadcast over the radio, television, and internet. That allows the candidates to relay their positions on certain issues, with each getting an equal amount of coverage. I telephoned the Commission, and here's the email address where to send suggestions to: Jonathan.Wayne@maine.gov

Clean Elections - Supreme Court ruling!

Finally, taxpayers may see some relief from a campaign-funding system which purports to allow financially-weak candidates an opportunity to compete with incumbents... who ironically (in Maine anyway) are also entitled to the money.  

The problem is with the matching funds provision. Political candidates in Arizona were evidently unable to utilize Clean Elections matching funds in 2010. From the story: 

The Goldwater Institute Scharf-Norton Center for Constitutional Litigation represented John McComish, Nancy McLain, and Tony Bouie, candidates for the Arizona Legislature whose campaigns were funded by donations from citizens, not the government. Previously, the Institute secured three rulings from U.S. District Court Judge Roslyn O. Silver that Arizona’s matching funds provision violated the First Amendment. Those rulings were overturned by the Ninth Circuit on May 21, 2010.

But on June 8, 2010, responding to an emergency request from the Goldwater Institute, the U.S. Supreme Court blocked the Ninth Circuit’s decision from taking effect and suspended Arizona’s use of matching funds for its 2010 election cycle.

The 5-4 decision by SCOTUS came on June 28, 2011.

 

Operation "Fast and Furious"

I've never been one for conspiracy theories. I prefer to concentrate on corruption (or stupidity) in government which cannot be denied, such as that connected to "Operation Fast and Furious." Click on the headline to read the story.

A Border Patrol agent was killed in December, 2010 in firefight between the Mexican cartel and U.S. agents; and assault rifles that ATF agents evidently allowed to "walk" into Mexico were found at the scene. From that story: 

The Fast and Furious case was one of the biggest gun trafficking cases since Project Gunrunner began in 2006. It was seen by the ATF as a response to criticism from the Justice Department's inspector general that the firearms bureau was bringing too many minor cases against straw purchasers, individuals who buy guns for others or traffickers.

Investigations in Washington are ongoing. In this CBS video, a senior special agent with the ATF explains how when he questioned a supervisor about the operation, he was basically told to get another job if he didn't want to follow orders.

   

Maine Board of Overseers of the Bar appeals Maine Supreme Court decision

Monday, June 13, in Penobscot Judicial Center, the Maine Supreme Court - well, minus three of the justices - heard a case on appeal by the Board of Overseers of the Maine Bar Association, which thinks that attorneys at the law firm Verrill Dana violated the Code of Professional Responsibility. The six attorneys let Attorney John Duncan continue practicing for months after being tipped (by a secretary at the firm) about the theft of client funds by Duncan.



Here are further details, from 2008 news stories.
And here's one from the Lewiston Sun Journal on December 18, 2010.

On December 29, 2010, Justice Don Alexander found that the Bar's allegations of violations of the Code by the attorneys at the law firm had not been proven. Alexander was apparently the sole justice who participated in the 2010 decision, which Scott Davis, the Board's attorney, has now asked the Maine Supreme Court to overturn. Click here or on the headline to read the story.

Maine Supreme Court hears 4th Amendment "traffic stop" case

The case was argued yesterday, June 15, 2011. It appears a Maine State Trooper, apparently investigating a noncriminal activity (speeding), stopped a motorcyclist to ask if he "had seen which way a driver in a red Pontiac the trooper suspected of speeding had gone." The man was evidently intoxicated, and was charged accordingly.

The incident took place three and a half years ago! The reason it took so long to get to this point is that the officer involved was soon after deployed to Iraq.  

I commented under the story.  

Custody battle apparently an issue in shooting which ends in four dead in Maine

Apparently the man who shot his wife and children was out on bail after holding his family hostage last June. Where's the speedy trial?

Steven Lake and his wife, Amy, a schoolteacher, had been sharing custody of their two children... until recently. Amy had a restraining order on her husband; police had been checking on her daily. Quoting from the story:

Investigators can't say for sure what pushed Steven Lake over the edge, Wright said, but a relative told The Associated Press that Lake was frustrated by an ongoing custody dispute and particularly upset at having to miss his son's eighth-grade graduation.

Domestic Abuse Helpline for Men and Women

Jan Brown sent me a link to her article; Jan was present in Penobscot Superior Court for the retrial of Vladek Filler, and wrote about the experience.  

Man shot by police - autopsy inconclusive on reason for death?

I heard that Maine's U.S. Senator Collins was supposed to be in Van Buren (about 12 miles from where I live) today for some event involving Border Patrol. I wanted to speak with her about their budget... cutting it, or maybe even eliminating it altogether would be best. So I was looking for information on that event when I came upon a story about a man who was shot one year ago by Maine State Trooper Robert Flynn. The border patrol agent who accompanied Flynn was not identified in that story; here it is. 

Fight Childhood Hunger

When school ends, many families struggle to feed children who had free or reduced breakfast and/or lunch at school. Click on the headline to sign a petition to help keep kids fed over the summer... I did! I'm placing the link in my "Petitions to sign" tab as well.

Constitution Lobby - state coordinators needed

I opened an email from We the People today. The group is working on getting a Constitution Lobby in each state. Click here to read about it, and here to find the contact people in your state.

County Grand Juries - members needed in all states!

From the County Grand Jury website, which you can get to by clicking on the headline above... 

While correcting the national wrongs is important, they are not the solution we are all looking for. Our focus must be applied at the local level where we can defeat the tyranny where it trickles down to us. 

http://www.countygrandjury.org/press%20release%2001.pdf

If you agree, join! In the right hand column, there's a link to a 1-page flyer, which you can print and share with others. Find a place to meet up if there is no group started in your county; place the date, time and location on the flyer and distribute it!

Update on Vladek Filler case

Filler was retried a few weeks ago, by a Hancock County jury and was found "not guilty" on two of the three charges which a jury in Hancock County in 2009 found him guilty of. Here are the latest news reports:

At Fathers and Families

At the Bangor Daily News

Caregiver harrassed by law enforcement

I recently spoke with Cynthia Joy Rosen, who was instrumental in the campaign to elect Paul LePage as governor. Last fall, after several months of surveillance, Cynthia's husband, Jon Steward, was the target of a search. He had begun growing medical marijuana after it became legal to do so in Maine. Here's the May 13, 2011 story, in which Cynthia describes how officers set up a potentially dangerous situation which could have ended much like the deadly shooting of a marine in Arizona a few weeks ago:  

"He could have grabbed a gun and gone out back to see why someone is on our property what's our dog barking at. So they set up a potentially lethal situation based on what? An alleged anonymous letter."

Click here to send a message to your legislators, to support bills that protect medical marijuana patients and growers.

U.S. Supreme Court orders prisoners released - California

The reason for the release is overcrowding. Chances are some will come to Maine, where a gun can be purchased privately without a hitch.

Marine returns home, and is killed by SWAT team!

In Tucson Arizona, a SWAT team shot a man while on a search for drugs in several homes in the neighborhood the man lived in. Jose Guerena was a former marine who had just returned home. Apparently unaware who was at his door, he grabbed his gun to protect his family, but never used it. 

Here's a petition to end the war on drugs. It ends soon; people from around the world have signed it. I'll post it to Facebook and try to get a few more.  

Response from the governor's office, to request to pardon for thirty-year-old felon conviction

On May 4, I emailed Maine Governor Paul LePage about the unreasonable search and seizure at our home on April 28, 2011. I wrote "I fear that if you do not intervene, there'll be further violations by state agencies which will negatively impact the people of Maine." I included the following from the Maine Constitution: 

   Section 10. May require information of any officer. The Governor may require information from any military officer, or any officer in the executive department, upon any subject relating to the duties of their respective offices.
    
   Section 11. Power to pardon and remit penalties, etc.; conditions. The Governor shall have power to remit after conviction all forfeitures and penalties, and to grant reprieves, commutations and pardons, except in cases of impeachment, upon such conditions, and with such restrictions and limitations as may be deemed proper, subject to such regulations as may be provided by law, relative to the manner of applying for pardons. Such power to grant reprieves, commutations and pardons shall include offenses of juvenile delinquency.

  Section 12. Shall enforce the laws. The Governor shall take care that the laws be faithfully executed.

I got a read receipt, but that doesn't mean that the governor read my email; it could have been read by someone in his office. So, today, I called the governor's office, and spoke with Pat Condon, Director of Constituent Services. I told her that I had prepared my husband's application for a pardon; the pardon process does cost money, and takes six months to one year! Since my husband has been charged with being a "felon in possession of firearms," I asked if the governor would pardon him and bypass the pardoning board. I told Condon I had ordered my husband's criminal record, and obtained a copy of the original offense, and would send that to the governor. I told her that as long as he had the support of the people, he shouldn't have reservations about pardoning Pete.

So I received an email from Condon earlier today. There were two different fonts used in the text of her message; what I've italicized is the part that I think is a generic message used to respond to people who write in. Condon suggests I contact Pine Tree Legal. Huh, they don't take criminal cases! And, they only take about twenty percent - well that's what they claimed a few years ago anyway - of all civil cases people turn to them for help regarding.

May 25, 2011

Good afternoon!

Thank you for your e-mail dated May 4, 2011 to Governor LePage as well as your call to our office today.

The concerns you indicated in your e-mail is an ongoing investigation.  Unfortunately, the Governor is unable to intervene. 

If you have not already and desire to hire an attorney (at your expense) to represent your interests in this matter, the Maine State Bar Association offers a referral service – their number is (800) 860-1460.  This lawyer will assist you in navigating the rules of court, the relevant laws of the State, and help you in your efforts to obtain a favorable result.

If you are unable to afford an attorney, Pine Tree Legal Assistance offers free legal representation for qualifying people – their number is (207) 764-4349 at their office in Presque Isle, Maine.

I hope this information has been helpful.  Again, thank you for contacting Governor LePage. 

Sincerely,

Patricia A. Condon

Director, Constituent Services

Office of the Governor

1 State House Station

Augusta, Maine  04333

(207) 287-3418

patricia.a.condon@maine.gov

CONDON LISTED HER DIRECT PHONE LINE. THE TELEPHONE NUMBER TO THE GOVERNOR'S OFFICE IS (207) 287-3531; BUT SINCE HE'S BEEN ELECTED, I HAVEN'T BEEN ABLE TO SPEAK WITH HIM.

Traffic tickets

I'll be very busy in the months ahead. I have several court issues to deal with including how to deal with a traffic ticket which Judge David Soucy says I owe $185.01 to the Violations Bureau for. D.A. Todd Collins never provided me the evidence to review, and I didn't get the trial by jury which I demanded. Furthermore, Collins never answered my challenge to jurisdiction. Under the guise of public safety, D.A.'s prosecute and judges "commit" the innocent to fines for victimless crimes. 


Also, I have a brief due in a matter in which I've appealed a decision by the Department of Labor, denying me unemployment benefits in September of 2009. Then we have the credit union's lawsuit; it's a debt which dates back to 2004. In July of 2004, Augusta District Court Judge Rae Ann French ruled against us, and we were unable to get the decision turned around, so we couldn't collect the money owed us by the contractor. Due to that, we couldn't meet all of our obligations.


Well, I'll leave you with this quote from Voltaire:

We must bear in mind, then, that there is nothing more difficult and dangerous, or more doubtful of success, than an attempt to introduce a new order of things in any state. For the innovator has for enemies all those who derived advantages from the old order of things, whilst those who expect to be benefited by the new institutions will be but lukewarm defenders.

Feds strongarming the states regarding medicinal marijuana

I just signed a petition at the Drug Policy Alliance, asking A.G. Holder to stop the war on medical marijuana growers. Clicking on the headline will take you to the petition. As well, I'll add it to the "Petitions" tab. 

Cuffed for the first time.

It finally happened... I was handcuffed. 

Regarding the "felon in possession of firearms" charges, Pete was scheduled to make an appearance on 5-19-11. So I went with him to Superior Court in Caribou. told the judge that I was assisting Pete until he received counsel, which we had just applied to get. Some states let you assist a friend or family member as long as you aren't being paid; well, according to Judge Hunter, Maine doesn't allow it. Nancy Grant was jailed for "Unauthorized Practice of Law" in Florida a few years ago. 

Well, Hunter didn't want me to help my husband. It all happened so quickly. There hadn't been any bail conditions set after the search on 4-28-11, and seizure of our guns; and Pete hadn't been arrested. The prosecutor and judge didn't disclose everything to him, tricked him into signing. I called out "Don't sign it." Hunter then banned me from the courtroom. I made a comment while leaving and he sent the bailiff after me. I spent about 45 minutes in cuffs, during which time a woman lawyer came to speak with me... the judge had sent her. She suggested I apologize. I asked her a few questions, including how the grand jury gets chosen. A lawyer for over thirty years, she didn't know! She was very nice though, and asked one of the clerks; apparently the names are chosen from the list of driver licenses. 

I thought Pete would be so mad at me for getting in trouble. I'm not the enemy, I told him. The very individuals who are supposed to protect us are working under Color of Law to deprive us of our rights!  

UCADIA - help!

Someone posted a good comment about UCADIA at it's link at Talkshoe:

UCADIA has deciphered the Slave Code that entraps us in our daily lives and has provided for us new models of society which are Lawfully superior.

God knows we need new models. Frank (UCADIA's host) mentioned that he's in the process of moving and needs some support... $$$$$. Please go to www.ucadia.com and click on "About," then on "Help Ucadia." He's been doing UCADIA for free since January and really needs help now. If everyone gives a little, it will add up to alot! 

Maine Open Government - Handy website!

The Maine Heritage Policy Center has a website where you can access payroll records of government employees! I just looked up the payroll records of the warden (Jeffrey Spencer) who was the affiant - that is he's the one who made the affidavit, which was required for the search warrant on 4-28-11 at our home. In the past ten years, Spencer's pay more than doubled, and his benefits more than trippled! His overtime pay alone for 2010 was nearly $10,000, for a whopping total compensation of $84,530. I'm gonna post the link in the "Maine Blogs/Websites" tab, as well as place it in the right hand column. The website address is http://www.maineopengov.org/

Face Up To Fred! Judges - GUILTY!

Fred Sotile helped circulate the S.A.V.E. petition to disbar Mary Kellett. He's on BlogTalk Radio right now, Sunday at 11 pm eastern time. Fred is reading a letter, regarding prosecution of those involved in the illegal payments to Los Angeles judges... 430 of them! The letter is from Judicial Watch Inc. (a public-interest law firm) to District Attorney Steve Cooley. After exposing the illegal payments to the judges, Attorney Richard Fine was jailed for 18 months! He was released in September of 2010. Click on the headline to get to the BlogTalk link, or you can call 1 (619) 789 4319 to listen. Californians need to put pressure on Cooley to get on the ball and prosecute! And the rest of the country needs to get behind this too!    

Last night I tuned into Jack Bauer's show on TalkShoe at 9 pm est. 1 (724) 444 7444 (PIN 74235#). It was great! Jack let me say a few words about the raid at our home, and confiscation of our guns by law enforcement on April 28.

"Vladek Filler" case update

The Bangor Daily News ran a story about Filler who was prosecuted by Assistant D.A. Mary Kellett for rape and assault, which it appears he will likely be found innocent of. S.A.V.E. delivered a petition to the governor to get Kellett disbarred. Quoting from the story, a solution...

SAVE President Edward Bartlett said Thursday that funding for criminal prosecutions in Maine should be reduced to help lower the number of what he said are frivolous prosecutions brought against innocent men.

S.A.V.E. also wrote to the Maine Criminal Justice Academy regarding it's predominant aggressor curriculum, which portrays men in a most unfavorable light, and called it "gender-profiling." Here's a link to the petition, which it appears is still open to signing. 

Lawsuit - U.S. Senator Olympia Snowe's husband - former Maine Governor McKernan

The U.S. Dept of Justice has filed a lawsuit against Education Management Corporation; Senator Snowe's husband is the chair of its board of directors, and until 2007 was CEO of the company. The problem: aggresive recruiting of students and incentives for recruiting. Apparently the rate of students defaulting on loans with EDMC is much higher than other lenders. If you click on the headline you'll get to a more detailed story, by the Bangor Daily News. Click here for a shorter one by Maine Public Broadcasting Network (MPBN), which includes a video.

"Petition" page added

I've added a new tab where you'll find petitions which I've signed and encouraged others to sign. I just added one by the National Whistleblowers Center to help get legislation passed that will protect whistleblowers who expose dirty secrets of their corporate bosses.

BE IT RESOLVED: That Congress enact into law a National Whistleblower Protection Act which protects all Americans who lawfully disclose waste and fraud in government spending, violations of law or threats to the public health and safety. The law must provide all whistleblowers with the right to federal court proceedings, a trial by jury and reasonable damages. It must also reward employees who risk their careers to serve the public interest.

Petition to disbar Assistant D.A. Mary Kellett

S.A.V.E. (Stop Abusive and Violent Environments) has sent letters to Maine's governor, attorney general, the Maine Board of Overseers of the Bar, and more! The Bar Complaint is calling for Kellett to be disbarred. And S.A.V.E. does more! It's letter to A.G. Schneider asks him to put an end to "no-drop prosectution" in Maine. No-drop prosecution policies require prosecution without giving much consideration to probable cause, the wishes of the accused, or past false accusations by the accuser.

I've blogged about the Vladek Filler case in the past and posted video of Mrs. Filler. Click here to read the story and sign the petition!

Click here to read a recent article about the Filler case, written by Attorney Robert Franklin with Fathers and Families. He states:

I’d bet good money that Vladek Filler is an innocent man railroaded into prison by an unstable wife threatened with the loss of her kids and an unscrupulous prosecutor who believes all claims of rape.

Medical marijuana case - Illegal search? Fowler may sue

I thought I'd post this update regarding a raid last year in Maine, of a medical marijuana patient's plants... another case of abuse of power by law enforcement. It's time to cut their budgets. 

Unlawful search?

Our home in Lille was raided on the morning of April 28, 2011. The raid was conducted by six individuals employed by the Maine Warden Service, assisted by two Aroostook County Deputy Sheriffs, U.S. Immigration and Customs Enforcement (also known as ICE), and a Border Patrol agent.


I was on the telephone with a friend when I noticed a few men dressed in green at my door. My husband and his friend were in the basement of our home, where they often sit and talk. The officers let themselves in without permission. Guns drawn, they ordered me to hang up the phone. I asked if they had a search warrant, and was told (eventually) that they did; however, it wasn't presented until about 40 minutes into the search. Though the warrant stated there was an affidavit attached to it, there wasn't one. One of the wardens assured me that the warrant was legal, and that the affidavit was available at the courthouse. A judge had signed the warrant. 

I wasn't satisfied that there was probable cause to search our home, and noticed that the address at the top of the warrant was for the "SANFORD RESIDENCE OF PETER MICHAUD", but we live in Lille (also known as Grand Isle). The description of the premises further down the warrant did list our  home in Lille, however. The affidavit mentioned in the warrant was that of Game Warden Jeffrey F. Spencer, who was present. I asked him what was in his statement, and what had prompted him to look at Pete's records. Then Bill Livezey, a special investigator for the Maine Warden Service, asked Spencer to step outside with him... no doubt to coach him on what not to say. I told all of the officers that they had to leave because of the discrepancy with the address, and the missing affidavit, but they would not.  

The search warrant was signed by the same judge (David Soucy) who recently held a bench trial in my traffic case though I demanded a trial by jury (see post last month); when I wouldn't participate, he entered a default judgment. Soucy had not responded to a motion I'd filed asking for proof of jurisdiction; and the police video/audio of the traffic stop, which I'd requested from the District Attorney, Todd Collins, was never provided to me, so that I could prepare for trial. Opportunity to review evidence must be more than just a few hours before trial; but D.A. Collins said he didn't have a copy, although a letter from the State Trooper's office mentioned he had been sent one.


Anyway, back to the raid. The reason for the search, we were told, was that Pete was a felon (convicted in 1981), so he couldn't possess firearms or get a hunting license. He was drunk, and 19 years old at the time; he'd gotten into a fight with a Canadian and taken the guy's money. He spent a few months in jail for that. We started dating in 1982. Here's a photo of us then:

We moved to Southern Maine after we married in 1983, and Pete completed the required contacts with his parole officer before we moved to New Hampshire. In 1989 we moved back to Maine; and not knowing he needed to have his right to possess a firearm restored, Pete must have answered "No" to the question on the Maine hunting license application asking if he was prohibited from possessing firearms. I'm sure he didn't even know what the word "prohibited" meant anyway. 

Officers took all rifles, shotguns, ammo, hunting license, two deer mounts, and more. The search lasted over four hours. I requested a list of the names of the officers who participated in the raid, and was told the information would be provided before the search was completed, but I had to leave before they were gone, and no list was left with Pete. A few officers did leave their "business cards." The Deputy Sheriff gave Pete a summons to appear in Superior Court in Caribou on May 19, at 9:00 a.m.

Amazingly when I asked two of the wardens "Who signs your paycheck?", they didn't know, or wouldn't say. For a good majority of the time, five officers stood at the edge of our driveway, just talking. Apparently they had a dog with them. I've heard that these police dogs are trained in only one area: drugs, firearms, or bodies. Which type of dog did they have with them, and why didn't they use the police dog? Probably because it would eliminate most of their jobs! And, they wouldn't get to search for what wasn't listed on the warrant: marijuana and drugs. 

Only a few officers were needed once it was determined that we were not going to try to protect ourselves from what we believe are violations of our right to bear arms and right to privacy in our home. An audio recording was being made of the search, I was told. Though I was eventually told I was free to leave (I asked), that is not the impression I got when they entered my home; and when I tried to leave my property to speak with my husband who was sitting in the Deputy Sheriff's car at the edge of our driveway, one of the wardens threatened to arrest me for interfering with an investigation, and grabbed my shirt sleeve as I began to walk towards the car. 
 
Here's some information about gun laws in Maine. Quoting from the article:

Among the 50 states, Maine consistently has one of the lowest violent crime rates. And while any figures on the level of gun ownership would be conjecture because there is no registration requirement here, Maine takes among the most permissive positions on gun regulation and has a long tradition of hunting and self-protection with firearms.

Maine's gun laws are pretty lenient. In fact in 2003 and 2004 my husband purchased firearms from an outfit called Joe Jones in Windham Maine, which was apparently licensed as a firearms dealer. Was there no background check? And the state has been issuing hunting licenses all along. Here are some headlines from Maine Citizens against Handgun Violence. My husband has proven himself to be a responsible hunter and gun-owner. Should he be punished for life... be forbidden to possess firearms due to a three-decades-old fist fight/petty theft?

     

The Reed Act... and the controversial Maine mural

Maine has made national news again. A few days ago, the governor had a mural removed from the headquarters of the Maine Department of Labor. The reason: it appears members of Maine's business community felt the mural depicted Unions in a most favorable light... and that was not business-friendly. Now the U.S. Department of Labor wants Maine to return federal grant money which helped fund the artwork. 

At the Maine Department of Labor's website I found some general information about the Reed Act under "Frequently asked questions, at #9, paragraph #2. Under the "Reed Act Provisions of Title IX of the Social Security Act," at pg 17, Section H.1 explains that capital improvements to state-owned buildings are allowed if the building is used for administering unemployment insurance programs; it also mentions recapturing the federal government’s share of the market value of the improvement if the use ends. 

There's more about the Reed Act at the Center on Budget and Policy Priorities. Under certain circumstances, the funds transferred from the U.S. Department of Labor to a state's unemployment trust fund can be used to pay extended or emergency benefits, and even regular benefits. The United States government collects money directly from businesses, through legislation called FUTA - Federal Unemployment Tax Act, and passes most of it along to the individual states.  

Anxious to put the issue to rest, the Republican party in Northern Maine is trying to raise money to pay the feds back, so the governor can get back to redecorating. I have an idea: put the mural back up to avoid paying the federal government back, but put it in upside down to send a message about the whole affair. First of all, I think the federal government should not have approved use of Reed Act funds by Maine, then being governed by John Baldacci, for the expensive artwork; it obviously was not essential to the administration of unemployment insurance benefit programs.        

End police brutality - Join the cause

After joining the cause "Consequences for Corruption" - which you can get to by clicking on the headline - I thought I'd tell readers about an encounter I had last summer with law enforcement. 

A state trooper (Timothy Saucier) pulled me over because I was traveling at a speed he was uncomfortable with, evidently. He wanted me to sign some ticket, apparently to create a contract between me and the STATE OF MAINE - a corporation, which happens to be his employer. Through the driver license and motor vehicle registration systems, those in charge have converted our right to travel into a privilege, which we must pay to use. I told the officer I would provide my name, etc., and asked for his; but he would not give it to me. I jotted down the plate number of his unmarked car, and later learned his full name. I told Officer Saucier that I didn't want to sign the ticket, but would, since he said he could take me to jail if I didn't. I believe he could have; after all, he did have a gun. I'd committed no crime; could this be kidnapping? Taking someone to prison because they didn't obey an arbitrarily-enforced speed limit? I explained to the officer that anything signed under duress is void. I first wrote "signed under duress" on the ticket, beneath where my name was to go; and then I began signing, but halfway through my last name, the officer yanked the ticket out of my hand! And, he told me to "Shut up" when I asked about the Constitution! 

Now in order to have a trial, there has to be someone coming forth with a complaint. No individual came forth with a complaint against me. The STATE OF MAINE is not an individual. Regardless, a hearing was scheduled, where I was expected to make a plea. Under the Constitution, in matters of controversy involving $20 or more, there is a right to a Trial by Jury. I motioned the court to prove its jurisdiction over the matter: it failed to do so. I motioned for dismissal of the "ticket." Again, I received no reply from the judge, the so-called "plaintiff" (STATE OF MAINE), or the prosecutor (District Attorney Collins). A hearing was set for March 9, 2011 in Madawaska District Court. I appeared, and asked the judge if he'd read the motions I'd filed. I had provided information regarding Georgia: House Bill 875. Here's the actual bill, which didn't pass by the way. The judge had not read my motions, and when I asked him to do so, he wouldn't. I then told him that I could not possibly have a fair trial without a jury... for he, the prosecutor, and the police officer were all employed by the plaintiff (STATE OF MAINE). I had also, in papers filed with the court, mentioned that the prosecutor (Todd Collins) had not supplied me with the evidence, so I could review it ahead of time. The police audio/video of the traffic stop was never given to me. Just the same, the judge (David Soucy) went ahead with a bench trial, which I did not participate in, and he assessed a $185 fine against me! 

Okay, maybe you're thinking this is not police brutality... have you ever read the "Frog in boiling water" fable? If not, please do.    

New DEP Commissioner for Maine, Darrly Brown - ineligible?

Under the Clean Water Act of 1972, or amendments passed under it, Brown appears ineligible for the position of Commissioner for the Maine Department of Environmental Protection. An environmental lawyer, Steve Hinchman, has asked the United States Environmental Protection Agency to investigate the issue. Apparently not a single lawyer in all of the government offices or in the legislature picked up on the "conflict" or dared to speak out about it. Hinchman said 

... everybody in Maine has been sort of willing to stick their head under a rock and ignore it.

I have no clue as to Brown's qualifications - or equally importantly, whether he's honest and committed to the people of Maine - however, if the governor feels so strongly that Brown is the man for the job, then he needs to work on repealing that portion of the Clean Water Act which makes individuals who've recently worked for companies involved in environmental issues ineligible. 

Tonight - The first "Government Corruption Crisis Conference"

That's exciting! There were over 700 participants in the conference. William (Bill) Windsor hosted the conference; click on the headline above to get to his website. 

Bill says he's willing to work on a solution indefinitely... or as long as it takes, just as long as others are willing to work with him. At his website, Bill describes a case involving "breach of contract." Apparently that was what lead him to work on reform. We've got alot in common. Bill writes:   

When I became involved in all of this, I was very naïve.  I felt that the judicial system was fair and honest, so I was confident that the courts would vindicate us.  

Healthcare professionals arrested... this makes me SICK!

One hundred and eleven defendants have been charged in the hugest healthcare fraud bust! It took place this morning, Attorney General Holder explains in the video... click on the headline.

And then there's Maine... where politicians who commit healthcare fraud are elevated, by their colleagues, to high-ranking positions in state government such Robert Nutting has been, to Speaker of the House! From "GOP lawmakers still back Nutting as speaker":

Nutting declared the pharmacy business bankrupt, leaving the state and feds with no way to collect $1.2 million in overpayments.

Lawmakers are obviously out-of-touch with their constituents; most of the readers who commented about Nutting in the following story aren't buying the former pharmacy-owner's story. "Nutting says $1.6 million Medicaid overbilling was honest mistake."

Talkshoe - Learn the history which got us here!

Click on the title and you'll be taken to the link where you can listen to the Talkshoe calls in which the truth about the government's usurpation of our rights is exposed; the proof is in Congressional records! You can listen live via Internet on most Friday and Tuesday nights, or you can dial 1 724 444 7444 on your phone and enter PIN # 48361. 

See you there.

Protests in Egypt turn to celebration - Mubarak steps down

Wow, I can't believe it's been nearly two months since I last wrote. Soon I'll have more time to write; my temporary job in Fort Kent, helping the disabled and elderly understand their complicated Medicare Part D Prescription Drug Plans, is about to end.

What's happened in Egypt should give Americans some confidence that when people pull together in numbers and demand change, they can get it.

I recently learned about a project started by some friends in Maine. Go to the "Grassroots" Groups and Projects tab to read about the "Project to Stop Federal Tyranny." Apparently, CD's are available for distribution to legislators.