SYNOPSIS OF CASE – PAUL HIATT
2000-2002 – Former owner’s (Lawrence) agents dig perk holes, perform clearing and some road maintenance to historic access road, get cat stuck in water course on neighbor’s property (Darling) to east (old upper ditch from neighbor’s artesian well), brushing out historic access/logging road to wrong coordinates, divert and create water course into subject property pulling the cat out with a heavy excavator, flooding the property. Same agents later ditch east to west across property behind clearing, then through 100’ of corner of neighboring property to west (Shea), diverting flow from old upper ditch and another historic ditch from the east around the clearing and perk holes.
Upon Shea’s complaint, same agents fill ditch on his property and foul same ditch on subject, leaving two ditches from higher ground to east running into property, causing severe flooding. Former owner Lawrence receives determination from his engineers that property will not perk after two years of trying. Property is 3 acres, 150 x 950.
2003 – Lawrence contacts me and wants me to sell the property but will not correct the problems or maintain the property. I checked and such maintenance issues must now be corrected and maintained within 5 years of the problem is considered "natural state" and property is no longer grand-fathered but can be declared wetlands. I related all this to Lawrence and got him a bid during the listing period, but he would not spend any more money. There was no interest in the property due the flooding problem raising the issue of losing it to wetland regulation, the growing expense of repairs, and the fact it would not support a building site.
The access road into the property had been there, (an old logging road) since the 50’s, but was partly overgrown. By the winter of 2002-2003 the former pasture (overgrown with alder and brush) was flooded. The former owner Lawrence, between 2000-2003, cleared approximately 20,000 square feet including road and ditching, and dug approximately 300 cubic yards of ditches, but destroyed or plugged some of those.
August, 2003, I bought the property and began road and ditch maintenance and clearing.
August 2003, neighbor Bob Shea began taking pictures for PALS (county planning) covertly of my work, (habitually trespassing) and filing complaints.
9/3/03, PALS inspector Fremont visited the site on a complaint, stated he goes by there all the time and never would have stopped unless someone had filed a complaint, stated he did not see any violations, and gave me a PALS GIS map from his file showing no wetlands on my property. I explained I was correcting a man-made flooding problem, and what I was doing in drainage, road maintenance, and clearing. Fremont advised me to contact Department of Natural Resources to make sure I was not in violation. Fremont then said he was sending Public Works out to take a look at my drainage and road approach, and I pointed out the age of the apron culvert and told him it was grand-fathered. He became argumentative and then said it might require a permit anyway, then said he would be sending "his wetlands man out". I told him again I corrected a man-made recent problem which would now resolve, and that I would require a hearing and a warrant if they wanted to go fishing for wetlands, because his map showed there aren’t any. He then became angry, threatening to "get the sheriff out here if we have to". I said fine, but just make sure we have a judicial hearing first, because I’m not waiving any of my rights. I asked him to be certain he notified his wetlands man that my property is posted and that they don’t have my permission to come in.
Mr. Grindley, the Public Works district supervisor, came the same day, checked out my culverting, apron, and drainage down my east line directing the flow from old ditches to the east on other properties to the county ditch (correcting where Lawrence’s agents had left them plugged and running into the middle of the property). Grindley told me it was definitely "no problem", and reported that back to PALS.
I called DNR and spoke with them in Olympia at some length. They verified that I can cut up to 5,000 board feet of my own trees for my own use per year, ditch, culvert, and do road work, under state law at WAC 222 exempt forest practices, without permits, since I wasn’t developing. I verified the cites in the law and kept working.
Fremont closed the file for "minor problem – no impact to neighboring properties", but failed to notify me as requested.
In the meantime I had written him in response on 9/8/03, because he had asked me to contact him within a week, documenting my concerns and reiterating that I would require a hearing prior to any intrusion on my property, and to make sure his wetlands man knew that, because I didn’t want any problems, plus I included a Public Disclosure Request for the name of the complainant, to see which neighbors were the problem.
In the meantime I got a letter from their Wetlands Biologist Sissons which made no requirement of law whatever but implied a threat by "cc: prosecutor", which said he wanted to meet with me and view the property. I had just written Fremont when I received that, and Fremont had given me the distinct impression he was the biologist’s superior, so I assumed correctly that he had already got my response letter, which I have since verified on discovery. I never did get an answer on the Public Disclosure.
Mid-September 2003 the neighbor Shea called PALS again to demand action against me, was unhappy with the complaint being closed, and Sissons agreed to inspect from Shea’s property, asking for a signed access agreement.
9/22/03? Bob Shea forges access agreement for legal signatories of Shea trust and faxes to Sissons from Puget Sound Mattress.(he is 1/8th owner)
9/26/03 – Sissons goes to Shea property, digs test hole in ditch Lawrence back-filled, parks on my apron, takes pictures, leaves without contact.
10/03 – I continue my maintenance work.
10/15/03 – I sign mail for a "Cease and Desist Order" issued by Sissons stating there are "wetlands indicators within 150’ of the site", threatening me and my wife with civil or criminal action if I don’t contract with PALS for access agreements, studies, and permits.
10/17/03 – I respond in writing challenging the validity of the order for denial of mandatory administrative due process hearing timely requested in my prior letter, no wetlands according to their records and engineer, no development activity, exempt maintenance, notify PALS of rights violation and challenge their jurisdiction, Public Disclosure request their records again (ignored again), etc.
11/3/03 – Received another threat from Sissons wanting me to file an "appeal" with the hearings examiner, I responded in writing expecting full Disclosure compliance prior further contact so I would be fully informed.
12/03 – Received another threat from Sissons – still no meaningful response to queries or requested authorizations of law, I responded in writing, committed to further contact after the holidays.
1 /04 – contacted Sissons in writing about denied Disclosure again, explaining they were in violation of law, took my wife off title so they couldn’t harass her. No response from PALS.
1/30/04 – Received a threat letter from Prosecutor Lori Kennedy threatening criminal charges against me and my wife if we did not "comply" with Sissons, (coercion/extortion). Her letter stated NOT to contact the prosecutor. I had just wrote Sissons again a few days earlier again requesting compliance with my Disclosure Requests so we could move forward, and never received any response again after that. PALS went silent until January 2005.
10/04 – Heard from Shea (who had been agitating with PALS regularly, it turns out, was unhappy nothing had been done to me, and was trying to set me up) wanting cleanup along our property line, slash removed etc. where he had given me permission to clear a fence line, and a piece of ditch filled that I had said I would before they stopped me in 2003, (on his complaint).
I checked the law, found the statute of limitations had expired since my other work on the Cease and Desist and related threats, found the same WAC/DNR exemptions were also in the county code for wetlands, found that covenants and exemptions were also exempt from wetlands code, and DNR said it was fine to burn so long as I got a burn permit. PALS had never made a peep in 9-10 months, and the burden of response was on them for being in violation of the Public Disclosure all that time, plus they had denied me required administrative due process and were estopped, so I concluded they had just been making threats, and told Shea I would address his concerns.
- Toward the end of October 2004, I went and got a burn permit, got a machine in there (required by the permit) to burn stumps and slash, cleaning up for Shea, from the prior year, and restored, cleaned, and finished the ditching, etc. Shea got on the phone with my environmentalist-state rep Pat Lantz and they doubled-teamed PALS to do something to me. After that approx. 2 weeks of work NO THING has been done in there excepting some hand work fencing since mid-November 2004. (I now have some of the complaints, including Lantz).
- 11/17/04 Sissons (wetlands bio) takes a picture of the machine parked in there and pictures of the land in response to the new complaints, but didn’t witness any activity, as I was finished before he was there. 11/22/04 Sissons sent a document entitled "need for search warrant" to prosecutor Al Rose, who had taken the file from Kennedy’s desk and re-opened it, obviously deciding to make an example of me for "resistance".
- 12/9/04 – Sissons goes back to the property to take more pictures on instruction by e-mail, "proceed" from Rose, photos show no new activity.
I went to the clerk and found out they have changed the local rules there so you can’t even note a motion hearing, period.
4/15/05 – I filed and served a written request for clarification of conditions of prosecutor’s offer to stipulate to dismissal, (no response ever received), a motion for bill of particulars, motion to dismiss for governmental misconduct and no lawful arraignment, demand for jury trial and time for trial.
4/19/05 filed first demand for discovery, production of documents, witness list.
5/17/05 I filed Motion to Dismiss for prejudicial failure to comply with discovery
Somewhere in there Rose had Sissons offer to respond to my 18 month old Public Disclosure request in apparent attempt to cover their butts, and I responded it was a little late so cough up discovery.
5/20/05 Filed motion to suppress,
5/24/05 (because they were trying to run me up to trial date with no discovery or motion hearings, I filed some of these in incomplete form and re-filed them later after I got the run-away train slowed down), I filed motion to dismiss, code unconstitutional as applied, was supposed to have a hearing that day but got musical courtrooms, no hearing, and the prosecutor disrupting any attempt at hearing of my demurrer, (see transcript). The judge seized my property with no hearing again. (constitutional violations)
5/27/05 I began filing and serving witness subpeonas.
6/7/05 I filed a demand for permanent assignment of my case to an elected judge, hoping to get some continuity and due process prior to trial, a memorandum of law in support of my Plea in Abatement/Demurrer, and an Evidentiary Exhibit One to that stuffed with all my correspondence to the county in 2003 proving they were lying and estopped.
6/13/05 I got to hearing with yet another judge, still couldn’t get my demurrer or any motions heard because the prosecutor was filibustering on the counsel issue (see transcript), got served with an amended complaint which they were going to amend illegally without notice right then and there over my objection, got that stopped, then filed and affidavit of prejudice on that judge with witnesses and date stamped my copy.
6/14/05 the clerk got around to filing my affidavit of prejudice and noting it in the computer, 6/16 judge finally orders transfer (law is immediately).
6/16/05 I file Note for Motion Docket anyway despite local rule hoping to get heard, and some more pleadings, because I can see the shakedown routine in this place is to run you to trial bare naked so you will cop to the PALS program and can be fleeced for 10K in fees to have your property taken without compensation. They told me I was going to finally get a motion hearing 6/17, but the Docket proves they had already transferred it to Judge Kenworthy, but left the 6/17 hearing with a pro tem for "review of speedy trial".
That date the prosecutor Al Rose, who was scheduled for vacation in late July, notes in the court computer, in abject error and violation of Speedy Rule, "Speedy Trial Expires 8/9/05 per Al Rose"
6/17/05 – I get to hearing and Rose has three deputies there setting me up for arrest by lying to them that I have been disruptive in court (translate – expecting procedural law to govern), my former state Rep McMahan was with me that time as a witness, with others. They are still determined to unlawfully amend the complaint, because Rose stood there and lied about timely service of his pleadings on the record, but at least the pro tem let me cite the law that prohibited amendment before she did it anyway (major due process violations), Rose went off the rails on the counsel issue again, (see transcript), the pro tem ruled Speedy expired 7/14 and Rose argued with her, they set motion hearing before Kenworthy for 6/23 and trial for 6/27/05. I objected on the record to running the clock on speedy with no hearing of motions.
After that hearing, someone (probably Rose) falsified the court docket that I had been re-arraigned (see transcript, docket).
6/20/05 I filed several more pleadings, including a motion to strike the amended complaint for fraud and official misconduct, sanctions, and dismissal, local rule on motion hearings unconstitutional – documenting due process violations, motion to disqualify prosecutor for perjury, etc.
6/23/05 – Before "pre-trial" hearing, Rose made veiled threats outside the courtroom that he had represented judge Kenworthy before, then when hearing opened told the judge I might want him to recuse, but the judge, after telling me I had the right, ran right over me and changed the subject by asking questions absent any opportunity. Kenworthy is an artful dodger in this regard, and the transcripts will show that he is near impossible to pin down on anything he doesn’t want to rule on. Next, after Rose attempted to filibuster any hearing of motions on the "counsel" issue again, Kenworthy again denied all hearing of my Plea in Abatement/Demurrer, (due process violations), claimed in error I had been re-arraigned 6/17, then pretended to re-arraign (judicial fraud – see transcript) and suddenly entered a plea for me again over my objection, made thinly veiled threats that things would go hard with me at trial if I refused to hire an attorney, ruled in error that I had waived the right to counsel permanently, stated in error it was basically up to him if I changed my mind and wanted an attorney for trial, threatened me repeatedly for trying to note appeallable objections on the record, then participated with Rose in deliberate violation of speedy rule, over my objections, due Rose vacation schedule. (see transcript and Supreme Court Mandamus brief, never heard). I was flat denied hearing of some motions and some others were denied. I did not waive speedy and trial was set for August 1. District court has had NO regard for procedural law, and it is apparent that prosecution runs the court.
7/5/05 – I filed several completed motions, dismiss – insufficiency of complaint, suppress, motion to make private recordings (the disks were coming out all but inaudible and the transcriptionist filed a complaint), demurrer to re-arraignment, tc.
Note for motion docket.
7/07/05 – pretrial hearing again, motions for sufficiency, bill of particulars, suppression of fruit of illegal warrant, denied. Judge ruled the words past "to wit" in the complaint were the elements of the charges on which I would be tried. I filed more motions, including compel discovery, which Rose was playing repeated games with, still trying to run me to trial absent compliance as the coercion/compliance/extortion routine to get me to contract with PALS. Judge told me I don’t have the right to subpeona witnesses in my behalf (due process violations).
7/12/05 – I filed motions for reconsideration on suppression and the local rule denying the right to set motion hearings, motion to enforce subpeonas, notice of special defenses at trial.
7/14/05 – hearing of some motions, all denied, may as well be talking to the wall, court ruled I had been re-arraigned previously, (bogus), ruled complaint was lawfully amended, (bogus), said he would hear my assertion that Shea planned a sting with PALS the day of trial, (never did).
7/18/05 – Filed note for motion docket & motion dismiss for violation of speedy rule and fraud in law, memorandum of law.
7/22/05 – prosecutorial assistant scheduled motion hearing for following Monday with no notice whatever to me, no motions or reason filed.
7/25/05 – conducting witness interviews at prosecutor’s office for trial 6 days later, I am interrupted and told I am wanted in court for hearing, called court and said no notice, essential interviews scheduled, can’t attend, prosecutor Von Wahlde appeared anyway and told the judge ex parte there was a problem with speedy rule.
At witness interviews I prove Rose has a whole team working on exact duplication of the same charges (prohibited double jeopardy), that Rose has re-dated a package of 2003 photos from Shea as "New Photos 6/22/05, Al Rose" in his own hand, (I have them), then given them to Ron Bridgman of PALS with orders to issue yet another Cease and Desist in June 05 for what they knew full well I was not doing and had not been doing, (blatant fraud), because Rose knew his present case was falling apart.
The Director of Planning, Kleeberg, having been under appointment for 7 years, had no oath of office on file (state and county misdemeanor) and had never issued any of the required statutory delegations, appointments, etc., for his code enforcement people. He filed his oath after that interview. They are doing 2000+ of these "enforcement actions" on landowners per year, at around $10K apiece, and hired 20 new guys in 2005 just for "wetlands". Do the math.
7/26/05 filed bench copies of verifications, transcripts & exhibits on speedy violation, third demand for discovery- dismiss for governmental misconduct.
7/27/05 – Kenworthy invokes "cure provision" to fix speedy violation, only he expands it by five days past the provisions of the rule in manifest error to deny the motion to dismiss on speedy. Adamantly claimed affidavit of prejudice on Buttorf was filed May 16th instead of May 13th (which I showed him), in order to fix it by cramming an extra weekend in there. I have stamped copies from the 13th and 2 witnesses to the filing. More judicial fraud. The prosecutor finally filed their motion to accelerate trial date spelling out the gobbledegoop in "the fix" on that date, afterward.
7/29/05 – with trial set for Monday 8/1, I was denied hearing in the Superior Court of Mandamus on Speedy filed and served timely, (the fix is in), by highly suspect activity fully documented, where my petition was transferred twice to different departments absent any notice to me, and then they claimed I hadn’t confirmed when their computer proved I had.
I called the Supreme Court and talked to a woman who said someone would be available to hear the writ on an emergency basis, so re-wrote it, I had it served on the district court and took it down there, only to be told by the deputy clerk it couldn’t be heard because they don’t do that anymore. A few days later I received in the mail a partial copy of an email from an anonymous person at the court showing Kenworthy had corresponded with the Administrator of the Courts in Olympia that afternoon after I had the district court served.
7/30/05 – I fax filed copies of motions for continuance, reconsideration on speedy, for judge to recuse for bias, interest and prejudice, code as charged unconstitutional, motion in limine.
8/1/05 – I objected to a pro tem judge sitting for criminal trial, pro tem reset trial date without making any rulings whatever.
I filed motion to dismiss for prejudicial pre-ac delay, motion to quash illegally obtained search warrant and to suppress poisonous fruit, etc.
9/23/05 – I filed new witness subpeonas with return of service for the new trial date. When Rose was served he waited while D.P. Kennedy was served also, then implicated Kenworthy in witness tampering, by telling Kennedy that Kenworthy had already told him my witnesses didn’t have to testify, (have witness affidavit).
Filed jury instructions.
During this time period, I was finally heard for ten minutes on a crowded motion calendar in the Superior Court for Mandamus, denied for "imperfect record" (the fix is in), then was stalled on reconsideration (re-scheduled by court) until after next scheduled trial date, then denied again, and with appellate stare decisis requiring findings of facts and conclusions of law for appeal before the court, denied those to dead-end me.
9/26/05 – Rose files to amend complaint unlawfully again (violating statute of limitations, cannot be amended, period), this time takes civil cites out to reserve those for later, fraudulently removes Sissons (wetlands biologist) as "Charging Officer and substitutes Deputy Armstrong, (who stated at interview he had nothing whatever to do with investigating or charging the complaint) to try and validate the complaint, because I had proved by then that Sissons had no law enforcement powers. Rose filed a falsified Omnibus Order completely scrambling the record of what had been heard, in an attempt to keep some of my more damaging motions from being heard.
9/29/05 – pro tem grants continuance of trial then set for 10/03/05.
10/4/05 – Rose files yet another Second Amended Corrected Complaint for illegal amendment, changing the probable cause affidavit this time to try and skirt the perjury issues.
10/12/05 – Filed my motion to dismiss on the newest complaint.
10/13/05 – Hearing, Kenworthy refuses to recuse, denies some motions, doesn’t hear others, claims to re-arraign me again, (didn’t – they haven’t got close to the rules once), amends complaint again, refuses to do anything about the verifiable fraud I exposed - evaded discovery issues – you have to read the transcript.
11/3/05 – I filed for reconsideration of recusal of Kenworthy with a memorandum of authorities proving it is now required – it never got heard.
I also wrote Deputy Armstrong and told him what was up with the complaint warrant since he was there to execute the bogus search warrant with Sissons, to back door Kenworthy and Rose on the illegally obtained warrant. 5 days later I get a letter from Rose stating he will not use the fruit of the warrant at trial, (doesn’t want the issue heard now that he’s busted). After that Rose suddenly provided two packages of duplicates of much of the supposedly suppressed search warrant photo evidence taken on different dates, to be used at trial.
I then filed for a new and more expansive (350+ pages, including exhibits) writ of mandamus in the state supreme court, hoping to get trial stopped because I knew there was no way I could get any fair hearing before Kenworthy, let alone a trial, and though I wanted a win on the merits, was entitled to dismissal on speedy violation.
11/17/05 – Blew a starter link in my vehicle and had to call in and cancel a motion hearing because I was stranded. Rose later called me in my office with two witnesses sitting there who recognized his voice, (have affidavits), accusing me of gamesmanship, then Rose spent maybe ten minutes until I finally hung up on me angrily threatening me, directly threatening my livelihood and stating he was advising Mr. Lawrence, (the former owner) to file a complaint against me.
11/18/05 – filed a second motion for continuance of trial based on the right due further amendment of complaint and my petition for writ.
11/28/05 – filed motion to dismiss – charges violate statute of limitations – fail to state a public offense, proving they just can’t amend that thing and have to dismiss, by all seminal stare decisis.
11/30/05 – "pre-trial" hearing again (then set for 12/5), Kenworthy refuses to hear motion to dismiss on statute of limitations or any motions, continues trial to February and hearing to January, supposedly on the basis of my Supreme Court writ, sneers and implies to me not to bother with the Supreme Court, because he was commissioner up there for years.
1/2/06? Commissioner’s ruling denying hearing in Supreme Court received.
1/15/06 – got notice district court motion hearing was re-scheduled a week out by Kenworthy at the last minute (they hadn’t decided how to fix the statute of limitations thing yet).
1/27/06 – hearing, Rose shows up with a Third Amended Complaint trying to fix the statute of limitations problem illegally, Kenworthy is obviously in on it, I protested stridently to stalling hearing until Rose came up with a fix, Kenworthy set it out a week on my procedural objections.
This time I filed a memorandum in opposition to amendment there was no legal way around.
2/3/06 – complaint amended again, supposedly re-arraigned again, (not), hearing of demurrer on re-arraignment denied again with brief proving that right before the court, (due process – jurisdictional issues). Trial set for 4/17, am told my further motions will be heard pre-trial on 4/12/06. Rose put Sissons back on complaint as charging officer due being exposed on the Deputy Armstrong substitution. Sissons has never signed a probable cause affidavit, and Rose didn’t even bother with one that time, so there isn’t one underlying the last written version of the complaint. The charging period was limited to a year this time instead of a year and a half, but they reached back in time ten months past the statute of limitation to begin that period, charging from March 24, 2004 to March 25, 2005, on a new complaint dated January 2006! Anyway, it just can’t be amended once the violate limitations, period.
3/14/06 – I filed citizen criminal complaints documenting multiple misdemeanors and gross misdemeanors committed against me, under the CrRLJ, properly notarized, on Rose, Kleeberg, Sissons, Fremont, Shea, and Bridgman, requesting assignment of case numbers for further evidentiary filings, copies to elected county prosecutor and state’s AG, no response ever received from clerk. Took a witness to inquire about those a month later and they could not be found. Have stamped copies. Asked for transfer to Kitsap County and setting of probable cause hearing from jail May 2006, no response..
3/28/06, filed motions, to rescind and vacate unlawful seizure of real property, motion for return of property (to force the evidentiary issue they were still dodging on the search warrant), dismiss with prejudice third amended complaint for facial invalidity, for investigative misconduct with copies of the criminal complaints attached, to remove cause to superior court (district lacks constitutional jurisdiction over title and possession of real property, CSW Art IV ss 6), for change of venue to Kitsap County
4/12/06 – Kenworthy calls hearing, appears irate, barks my motion titles and denies them with absolutely no hearing, I tried to note objections, got out that prosecutor had responded in writing and therefore procedural law requires oral argument, stated that I needed to note appeallable objections in the record, Kenworthy tells me I am out of order and shouts "next case". (due process, procedural, CJC violations, also confirmed trial for 4/17 over my objection that Rose had failed to provide requested list of exhibits for trial (I had provide mine). Rose just lied and said "he will have it tomorrow". I never did get one.
4/17/06 –trial called, Kenworthy denies my remaining motions, including limine (major reversible error here – see motion), refuses traditional voire dire, time for trial, etc., throws out most of my exhibits including the burn permit proving I was required to have the excavator on site in 11/04 for burning stumps, but let’s Rose keep the pictures of it, orders I can’t present any of my special defenses, denies the right to face my accuser, quashes my witness subpeonas, ignores my motion to strike "to convict" instructions violating his own earlier order on the elements and stating elements not charged.
Rose and Kenworthy constantly interrupt my ten minute limit for voire dire of the panel, they put a military court martial judge who is Sierra Club member in the pool, (challenge for cause refused), an investigator for the prosecutor/retired cop, and a PALS employee. I objected to the off-the-record challenges but Kenworthy insisted we do the whispered side-bar thing, stating we would go back and make a record of what we had done (never did – due process), and I got stuck with the PALS employee on my jury, who slept most of the way through trial, (witnesses available).
Trial was a total charade and farce. I was consistently denied the right to fully examine their witnesses (I had named all of them as mine for direct), or to ask many essential questions, or to present exculpatory evidence, was constantly interrupted by Rose arguing his case in objection, in total and complete double standard.
I was threatened with contempt for attempting to identify the "charging officer" when he was on the stand, for attempting to present directly exculpatory evidence in cross-examination, and my one remaining official witness, the Public Works Supervisor Gary Grindley who approved my work in 2003, was sent from the courtroom without testifying when he showed up. After Bob Shea admitted he lied about 6 times and when he was just really trapping himself, Kenworthy dismissed him during my cross.
Lots of photo evidence of my work from 2003, predating the amended charges, was admitted over my objection to prejudice and confuse the jury, prosecution witnesses rattled anywhere they wanted with hearsay. Rose spent a good deal of time with contrived character assassination, and I was not allowed to rebut. I was also stopped and forbidden from examining their wetlands expert Sissons on the specific exemptions and exceptions to the wetlands codes, all of which encompassed my work and some of which verbatim incorporated the DNR exempt forest practices regs I had relied upon. I couldn’t mention the exempt well, water easement, etc, even after they presented testimony outside the charging dates complete with photos and lies of Shea. Rose kept presenting issues not in the charges and which I had no notice of, and I objected, but it did no good.
After I managed to prove the charges violated the statute of limitations because the wetlands charge still had the 2003 ditching in it, and I moved for a directed verdict of not guilty, (denied), and after all their witnesses had testified, they illegally totally amended the complaint again, this time orally (can’t be done – State v. Carr), then conjured up totally different elements than were even in that version, in the "to convict" instructions, in violation of Kenworthy’s prior order on what the elements were.
The "trial" was a classic for unequal treatment under the law, due process violations, and just plain hostile kangaroo court. Witnesses are available.
After lengthy deliberations, the jury acquitted on the clearing charge but convicted on the wetlands charge, due the confusion introduced in the instructions, and the refusal of the court to include ANY of my 49 instructions submitted, including the statute of limitations, which would have been the death knell of their case, and still is.
When the jury gave their verdict, Kenworthy showed his enviro-wacko true colors, went off on a diatribe, in a voice quavering with anger, referring to my property as a living being with a future and past into the mists of time, repeatedly personally insulted me, then charged me with 5 bogus counts of contempt, sentenced me to 150 days and maximum fines, denied me findings and conclusions or any required hearing, announced I had no right of appeal from his sentence, ordered a PALS "study" for "mitigation", set sentencing on the wetlands conviction for September 21, set my bail at $100, and had me arrested without opportunity to note my objections. Some time after I was arrested, he modified the order ex parte, setting my bail at $100,000 cash no bond forfeit for a misdemeanor! I am quite certain the object was to keep me in jail where I couldn’t fight this thing. Kenworthy assigned DAC (this thing has us broke), but they never showed up, and I would have no appeal of the contempt if I hadn’t filed it with a pencil from jail.
5/8/06 Brought out of jail without notice to court, Kenworthy and Rose wanted to fix the record and pretend they had always intended to give me a mitigation hearing (required by law PRIOR incarceration for contempt – actually, there is some
good case law in our state requiring the right to jury trial for contempt, but never any notice of that right), I object for attempt to fix the record after the fact of constitutional rights violations, for direct contradiction of record on the right of appeal, for no notice of hearing or time to prepare, hearing is set over one week.
5/15/06 – Supposed "mitigation" hearing. I proved in spades from the law that no statutory contempt exists, moved for reduction of excessive bail on constitutional violation grounds, and had DAC appointed for my appeal of contempt.
My brother had filed my writ of habeas the day I was arrested, (hence the attempts to fix the record of abuses after the fact), but Rose or Kenworthy dead-ended it and I never got heard. I spent 60+ days in the county jail on the contempt before my family got me out by hiring Monte Hester’s office to appeal the contempt.
6/26/06- The superior court ruled on bail hearing that Kenworthy abused his discretion, but left the bail at 20,000 bondable. I had a guard check the computer in jail for me before that hearing and it showed a 100K bail, then another $250 bail. I saw that screen. After the bail hearing when my family and friends got to the bondsman’s office, someone had added a SECOND $100,000 bail, which took attorney time to straighten out and delayed my release another half a day.
August 9, 2006 – I got a summons in the mail dated July 25 2006 from the district court for "review" hearing 8/16/06. I called the clerks office and got three different answers, all review hearing, but smelled a rat, so I called the J.A. for Kenworthy, Julie Metz. At the end of the day she called me back and ultimately admitted Kenworthy had rescheduled my sentencing for 8/16/06 of his own volition, (but the sentencing box wasn’t checked, the review box was, and they held the thing some time before mailing it – pretty obviously intended as a legal ambush so I wouldn’t have the necessary pleadings filed to have a shot at staying out of jail on appeal). I tried to get the hearing continued without going for short notice and necessity of filings to try to stay out of jail pending appeal of the wetlands charge (contempt appeal hearing is scheduled 10/13/06), but they insisted I come, so I filed everything humanly possible including my motion for arrest of judgment (bullet proof if Kenworthy cared what the law says), motion for stay of judgment and sentence pending appeal, notice of appeal;
Motion to strike report for fraud (that report was served on me in jail, and is a total and complete fraud, designed to tear out my pre-charging period maintenance, my well of record, my historic access road, culverting, flood my property, and plant 263 trees in my pasture, send me the bill for destroying and vandalizing my property. Rose has threatened to judgment lien and sell my property if I don’t or can’t pay.
8/16/06 – Sure enough they intended to put me back in jail, and I narrowly escaped. Kenworthy claimed to have ordered a SECOND $100,000 BAIL, proving he was involved in the fraudulent attempt to keep me in after the superior court ordered my release on reduced bail, and I went right to the edge again proving from his prior order he did no such thing. He then continued the hearing for a week, but Rose was going to be gone, so it got continued until 8/30, and this time he set it for "sentencing". When I pressed for an answer as to why my sentencing had been rescheduled, Kenworthy basically answered, because you are out of jail. After the "second 100K bail" thing fell flat, Kenworthy threatened me again on the record in the guise of "advice" that I better get down and contract with PALS prior to sentencing the 30th or else, then Rose followed me out of the courtroom and threatened me with a "substantial performance bond" promising to pay for the "mitigation", permits, and studies if I lose on appeal, as a condition of release on appeal. None of these requirements, of course, have any basis whatever in law or authorization of law from the legislature, and clearly violate the maximum fine and penalty for a misdemeanor of $1,000 fine and 90 days in jail, which Kenworthy has already promised to give me the maximum, before trial.
I have filed extensive Memoranda of Law, Affidavits, and Offers of Proofs in transcript excerpts and etc. at this point (8/26) to; my Motion To Strike Report for Fraud and for relief from any judgment based thereupon, to my Motion For Arrest of Judgment, to my Motion to Recuse and Transfer Case For Sentencing, proving Kenworthy can’t touch the case as a matter of law, proving it has to be dismissed with prejudice, proving their report is a pile of blatant stinking fraud, and I don’t expect one word of it to get read or heard.
I also find the district courts fairly recently have taken it upon themselves by rule-making to grant themselves discretionary authority to hold a misdemeanor appellant on appeal for the first time in history. I am also extremely concerned, given the power Kenworthy and Rose seem to have to fix things in the Pierce County Superior Court, with the fact that I apparently have no RIGHT of appeal to the appellate level from the district courts.
I have attached all those proofs and evidence to a Writ Of Habeas Corpus which will be filed if/when they haul me off to the growler again 8/30/06.
They are clearly planning to imprison me so I can’t perfect any sort of competent appeal, (this thing is extensive, very wormy, and very complex, and they know I can sort it out and nail them), move against my property, destroy my maintenance to date and historic features/appurtenances of record, and just keep going. Rose has also threatened to charge me with a new misdemeanor for "every day of non-compliance" post – judgment, and they have invented the unconstitutional county regulation to do just that.
So if anyone is interested in a beaut of a Title 43 1983-1986 and/or RICO (official extortion/protection racketeering), and/or malicious prosecution suit, or other suit for very substantial damages on contingency; or if one of the foundations supposedly interested in preserving our property rights can see why just maybe the guy who stands up to them, refuses to contract to waive his rights, pay 10K in extortion, and then have his property taken absent compensation; takes and fights the criminal charges to stop and prevent the wholesale slaughter of our Constitutions, property rights, economic liberties, and inalienable rights through the rubric of "environmentalism", after relying in good faith on the pronouncements of his government servants that all of his work was exempt from permits under small acreage forest practices, MIGHT be worth helping even though he is a "criminal" and doesn’t fit your criteria for "civil cases only";
Then I could really use some HELP! Amicus welcome.
I have been legally, financially, and emotionally raped, falsely imprisoned, denied any due process or adherence to law both at the administrative and district court levels for the past three years, for thinking we still have private property in this country, and they are poised to keep me in jail for another six months (or much longer, if they file their "non-compliance" charges. That’s technically and possibly $365,000 and 30 years in jail for fighting this Agenda for a "misdemeanor" if you do the math, folks), and take our property if they can fix this thing in the Superior Court.
The well is dry for more legal help from my family, and we are broke. I am attaching some pleadings to give you a glimpse of what I’m up against and the legal integrity of my pleadings, but don’t have the exhibits in electronic format. I think they are scanned in if you have Linx, but I don’t. I’m sorry this isn’t more polished, but I am working non-stop to stop this runaway train. I’m told I shouldn’t go public until the contempt appeal is resolved if I want to avoid the fix being in on that, so please do respect my confidence, unless you are passing this along confidentially to someone who may provide some legal help. Thanks for your time. The e-mail probably won’t do much good after 29th.
District Court No. 5YC 001021, Superior Court Contempt and Interlocutory Order Appeal No. 061022876, Superior Court Wetlands Conviction Appeal No. 061038446, State Supreme Court Petition for Writ of Mandamus No. 778761.