Motions Hearing:
A New Deputy District Attorney has been assigned to prosecute the case against me: Miss. Toni Wehman. Help us learn more about the professional background of Miss. Wehman and prepare for trial.
As strange as this may sound the Motions Hearing was interesting (Of course, it would have been a lot more interesting if my future was not on the line).
Today we had a chance to question the three main witnesses against me (Deputy Sheriff and Two Social Services Case Workers) to form the foundation for our motions. This provided the opportunity to gain insight into who the D.A. will prosecute the case and the flavor of the testimony by each witness.
All three witnesses agree on two key points:
- I never verbally threatened them
- I never pointed the gun at anyone (I simply held the gun)
All three witnesses also made statements to explain their desire to “surprise my family and I” with their visit. All three witnesses agreed that they saw me with the gun yet continued to drive up our driveway.
As I have stated elsewhere on this web site the Governments case is simple that if government employees visit you, on your property, and they see you standing on your own property holding a gun, they may approach you and then claim that you have violated felony laws because when they approached you and became close enough they felt fear for their lives.
I do realize how ridiculous the governments argument sounds — They could not possibly believe they could get away with this argument, could they? — There argument is more dismissive of natural rights… according the to Social Service workers “Keep Out” signs to not apply to them. According to the Deputy District Attorney there really is no such thing as private property and hence the Sheriff and the Social Service Workers are free to come upon our property, attempt to surprise us and question us as they see fit without any real evidence of a crime, or harm to anyone.
The witnesses all agreed that the Social Service workers approached us in their un-marked car with the Sheriff Deputy trailing. The Deputies purpose was to protect the Social Service Workers — i.e. acting as a private security force for the Social Service workers.
No Rulings were made by the court today, the Judge is taking the information as well as oral arguments under advisement and will create his rulings in the near future.
This is the short overview: I will take some time this weekend and write-up further observations.
Dave
Feels Like A Police State
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