Charges in Lincoln County - 2nd malicious prosecution against me

These are the charges that led to my 5 arrests. I cannot mention my accuser/abuser's name as that could result in a 6th arrest. Judge John Martin has placed conditions on me which are in violation of my first amendment right of free speech; speech that doesn't harm is protected.  

 

Proportionate penalty - crime research paper

A person, whether rich or poor, can easily lose everything after just a few days in jail. I was so sure I had read an old Supreme Court case in which punishment for a crime shouldn't interfere with a man's livelihood. I just couldn't find it again, until I found a research paper at the George Mason University:

To be sure, with respect to minor offenses, the proportionate penalty could be one that is in accordance with the offense's gravity and leaves the offender with, at a minimum, his livelihood. 

It was on page 17 of a 2015ish George Mason University School of Law paper by Craig S. Lerner about the 800 something year-old Magna Carta...ahhh.

Failure to Appear (FTA) and how your state treats it

Here'a a good article at Prison Policy Initiative regarding failure to appear (FTA) and there's a link to a chart where you can find how your state treats it.

Nearly every jurisdiction permits additional charges to be brought against someone who misses court, including the imposition of fines and imprisonment, with the exception of two states: Illinois and Mississippi. Four states — Maine, Michigan, Mississippi, and South Dakota — treat failure to appear as a strict liability offense, meaning no evidence of intent is required to hold defendants criminally responsible for nonappearance.

Of course, Maine, at the bottom. Cash bail is supposed to be an incentive for you to show up, or they get to keep the money put up. It's also another way to extract money from the innocent who've been wrongly arrested. 

Maine Commission for Public Defense Services (MCPDS) letter

I asked my court-appointed attorney for the letter that I heard the executive director of the MCPDS sent to the 8 district attorneys in Maine, and Attorney General Frey. He sent me a PDF and I tried to link it here, but it came up as blocked; in the address line was about:blank#blocked. 

I printed out the letter, and photographed it. I'm hoping that when I change the ink cartridge, the smear will disappear.  

If you are being maliciously prosecuted, send this to the DA to remind her/him they work for the people of Maine, not the person who signs their paycheck. 

Sworn statement signed months after arrest in Disorderly Conduct case

I was arrested on July 10, 2024. The officer signed the sworn statement months later, on February 10, 2025. The officer lied; I didn't use fireworks, plus they aren't illegal.   

Corporal Ted Martin failed to make a report or even issue a warning to the man who threatened me by text on June 6, 2024 after lying about being shot! He locked Pete and I out on July 8, 2024 and yelled violently at his brother and I on July 10, 2024. Officer Martin responded to both calls...and I was arrested for a slight argument with Pete on July 10, 2024. I've made a complaint to Officer Christopher Tupper, but absolutely nothing is being done to investigate Martin. 

The case has since been dismissed, because the DA felt that I'd been punished enough (four nights) for failing to appear to pick a jury after I was denied an attorney. The officer, district attorney, and judge are all guilty of violating my right to due process and maliciously prosecuting me. 

Case # AROCD 2024-20209 

District Attorney: Todd Collins  

https://aroostook.me.us/appointed-elected/district-attorney/

Arresting officer: Maine State Corporal Ted Martin, Troop F

https://www.maine.gov/dps/msp/about/find-local-troop/troop-f

Presiding Judge: Stephen Nelson Superior Court Aroostook County, Maine

https://www.courts.maine.gov/courts/superior/aroostook-caribou-sc.html

 

Resisting arrest: 1982 U.S. V. Danehy (11th circuit case)

It's usually not smart to forcibly resist an arrest, because law enforcement has more power than the average individual; and from my own experience, once they make a decision to arrest, officers rarely change their mind, or rarely question the validity of a warrant, or authority of a judge...no matter how nicely you ask.

I found information about resisting arrest at Harris County Criminal Lawyers Association in Texas. Mentioned was a 1982 U.S. Supreme Court case, U.S. v Danehy. There were a few other issued discussed, so I won't try to summarize the case. What I didn't expect was this reference to a case from 6 years earlier:

Speaking for the court in United States v. Johnson, 542 F.2d 230, 233 (5th Cir. 1976), Judge Morgan evaluated the current vitality of the common law right to forcibly resist unlawful arrest. He concluded that old Fifth Circuit case law on the subject had been "sapped of its precedential value" by the persuasive authority of decisions from the other courts of appeals. Those decisions recognize that the common law right to resist an arrest that is not based upon probable cause, suited though it may have been to a past era, has no significant role to play in our own society where ready access to the courts is available to redress such police misconduct. 

Huh? Ready access to the courts is a fallacy. Immunity from prosecution is a judge-made rule. The decision in United States Supreme Court case, Stump v. Sparkman, in 1971 made it quite difficult to get a judge held accountable for violations of rights. And soon a similar immunity was granted to law enforcement.  

There's a whole bunch of cases mentioned at the website Casemine which were cited in United States v. Danehy...many of them from the 1970's.