----- Original Message -----
From:
To:
Sent: Thursday, August 09, 2007 10:38 AM
Subject: Fw: HEARING ALERT - NEED WITNESSES!
This the "Mother" of all private
property harassment cases. Several of us from CAPR went to Paul's hearing
at the Pierce County District Court and the Superior Court. They were both
a total sham of justice and example of inside court dealing above and
beyond the law.
This is the first time Paul Hiatt has
gone public on this. He has been holding back for his own
defense.
This is another function I would love to
see EFF do is to track the court cases at all levels in the State recording the
injustice.
Jack Venrick
Enumclaw, WA
----- Original Message -----
From:
Paul
To:
Sent: Monday, July 30, 2007 9:30 AM
Subject: HEARING ALERT - NEED WITNESSES!
Salutations. Please feel free to share
this with anyone you think might be interested in attending as a witness to my
hearing this coming Friday August 3rd at Pierce County Superior Court Department
13, Judge Nelson, fifth floor, at 9 AM which is supposed to be hearing on my
Motion For Relief From Judgment in the criminal conviction appeal, (see
attachment if you are interested)
to which the prosecution has failed to respond,
and I have reason to believe may be denied hearing yet again. I sorely
need to show public/ electorate interest in this matter, and to have as many
witnesses present as possible. If you can and will attend, please bring a
legal pad and make a show of taking notes.
As most of you
know, for the past four years I have been fighting Pierce County for having
performed basic WAC 222 Small Forest Practices exempted maintenance, with DNR
approval, on my 3 acre parcel to restore pasture, access road and drainage
from man caused problems including surface water diverted into my land from
other properties. No "wetland" ever existed - (mapped, delineated,
designated or otherwise) until it was illegally imposed by PALS upon the maps of
the property AFTER my "conviction" in 2006.
After the complaint file (neighbor from hell) was
closed by PALS for "no impact to neighboring properties - minor problem" upon
intitial inspection by code enforcement in September 2003, (and that "engineer"
referred me to DNR, which explained my work was exempt, with cites), I was
repeatedly threatened by PALS "wetlands biologist" and the prosecutor; and the
prosecutor advised PALS not to respond to my Public Disclosure Requests in
response, they went silent in January 2004.
In early November of 2004, after more than one
year had expired since their threats with no further response, (the statute of
limitations for the misdemeanor charges they had threatened me with in their
attempt to extort property and property rights by contract), I burned my slash
and stumps with a burn permit, and completed some ditching necessary to divert
water away from the complaining neighbor, (who had insisted, but was working
with the county in "sting" mode, and had been trespassing on my posted land
taking pictures from the outset).
In January 2005, the wetlands biologist, in
collusion with the prosecutor, obtained an otherwise illegal search warrant
in the wrong jurisdiction by perjured probable cause affidavit claiming I had
never responded to the county; in February 2005 the same neighbor submitted a
patently false complaint that I was "logging" the "wetland", (no work whatever
was done since the burning permit of 11/04, and their own photos prove that);
and in March 2005 I was summoned to appear for arraignment in early
April.
I submitted proof timely in April 2005 the
District Court lacked jurisdiction, that the probable cause was perjured, etc.,
and then fought the county for over one year in pre-trial proceedings, being
denied Prohibition in the Superior Court during that time, denied hearing for
that Writ in the state Supreme Court, and having my verified Citizen
Criminal Complaints against PALS agents and officials and the deputy
prosecutor illegally buried absent probable cause hearings, with the
Attorney General refusing to step in. The District Court Judge Kenworthy
and the Prosecutor proved absolutely lawless by every known measure, and worked
in concert and collusion to subvert my rights at every turn.
After a three day jury "trial" in April 2006 where
I was basically bound and gagged, threatened and interrupted mercilessly for
trying to get anything meaningful in the record, having state's witnesses
arbitrarily dismissed during my impeachment of them, and having all of my
witnesses barred from testifying; only because the criminal complaint was
unlawfully "amended" for the fifth time at the end of trial to include elements
I was never charged with, and then elements never included in any version of the
complaint were placed in the "to convict" instructions, after more than two
days, the jury acquitted me on the "illegal clearing" charge under Development
code, but convicted on the "illegal wetlands activity" misdemeanor duplicating
that charge under different code (prohibited double jeopardy).
Judge Kenworthy then proceeded, (referring to the
land as a living entity I had committed "deprivations" against), absent all due
process requirements and stating directly I had "no right of appeal", to have me
arrested, sentencing me to 150 days on five counts of completely bogus,
(patently unlawful), "contempt of court", ordering my property "studied" by
PALS, and threatening me again to contract with them to waive my deed rights or
else, setting sentencing on the conviction for September of 2005, and setting
bail for a misdemeanor at $100,000.
After over 60 days in jail in which I was denied
all hearing on Habeas Corpus, through intervention of counsel retained by
family, I was released on $20,000 bail pending appeal of the contempt, three of
five counts of which have now been reversed, and the other two (every bit as
bogus and required by law to be reversed) having been denied all further
review to date in the appellate
courts.
On October 18, 2006, with 20K bail already posted
on that specific misdemeanor count, and with all required pleadings before the
court for stay pending appeal, I was again arrested by Judge Kenworthy, denied
stay, denied hearing on Habeas Corpus by the Clerk refusing to file my Petition
just after it was served on the prosecutor and sheriff, and charged another 5K
bail for release pending appeal. Since that time, the prosecutor and PALS,
(because I have refused to contract away my property and other rights, despite
repeated blatant threat and coercion by the court and prosecutor post trial, and
a completely fraudulent post trial "report" having been submitted by PALS, PALS
illegally slandering the title by recorded instrument, and unlawfully mapping
"wetlands" over my historic access road and pasture), have been in stall and
delay mode, apparently to keep me in "convict" status with a 90 day bogus
sentence hanging over my head. My appeal has been assigned to no less than
four different departments to date, and I have had no semblance of fair play or
adherence to procedural law, with the Superior Court refusing to transfer this
to the Court of Appeals on jurisdictional grounds, (see
attachment).
Now the prosecution, in violation of the court's
ordered timetable for response brief, is making
untimely motion for yet another stall and delay, without responding to my motion
set for hearing August 3rd, and once again, I have no idea what to expect, even
though the court is duty bound to dismiss with prejudice, by every measure of
law and fact.
If you have any interest in the rule of law, our
fundamental constitutional rights inclusive of our property rights (substance),
rampant official corruption in our courts, and restoration of our guaranteed
Republican form of government, I invite you to attend, and make your presence
known to those who would be our masters and not our servants.
Yours for Liberty
Paul Hiatt