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.