Time: Fri Oct 03 23:19:43 1997
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Date: Fri, 03 Oct 1997 23:17:13 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Common Law Response to Criminal Accusation
>To: pmitch@primenet.com
>Date: Fri, 3 Oct 1997 20:19:41 -0700
>From: butchaz@juno.com (Alfred R Martin)
>
> Common Law Response to Criminal Accusation
>
>Accuser: _________________ vs. Accused:__________________
>Charge: _________________ Ticket/case No. ________________
>
>Comes now the Accused - Innocent of all charges.
>
>1. I, ___________________, the Accused, Invoke my full Sovereignty under
>the Common Law of the Constitution of the United States of America. I
>demand all of my rights at all times. I wave none of my rights at any
>time, and this includes my time.
>
>2. The Accused demands the Common Law right of 'Sue Sponte'. The court
>will inform the Accused at every stage of the proceedings of the
>Accused's rights, whether Federal, State or Local. In a timely manner.
>If the court fails to observe this free and natural person's rights in
>every respect, the court becomes renegade to the Constitution of the
>United States, and loses all jurisdiction over the Accused.
>
>3. The Accused understands that the courts usurp jurisdiction primarily
>through deception. The Accused denies jurisdiction to the court in all
>matters before the court. The Accused comes before the court only
>because of the abuse of its power to arrest and incarcerate.
>
>4. The Accused understands that under the Common Law, one does not
>commit a crime unless one willfully damages another real person by
>depriving said person of Life, Liberty or Property. The Accused will
>require in the courtroom at trial, as provided for under the Sixth
>Amendment, the body of a real person as a damaged party and not the
>alledged representative of said party.
>
>5. The court will receive this document in the stead of arraignment.
>The court will notify the Accused certified mail or personal messenger as
>to hearings, held consistent with the demanded rights of this document,
>allowing the Accused reasonable time to prepare a defense. Any attempt
>to create a fiction of law or to usurp jurisdiction over the Accused by
>issuance of an arrest warrant in the absence of demanded rights, will be
>dealt with before a Federal Magistrate under the Common Law of the United
>States.
>
>6. The Accused is aware that when the court denies a demanded right, it
>loses all jurisdiction over the Accused. The Accused understands that
>rights are bestowed by nature's God and secured by the Constitution of
>the United States. The Accused has studied, understands and will enforce
>every point of this document through the Justice Department and the
>Judicial Review Board.
>
>7. The Accused recognizes the need for and greatly desires Counsel but
>has no monies for that purpose. And since it is common knowledge that
>court appointed Counsel is either incompetent or beholden to the
>Accused's adversary, (see Burgett v. Texas, 389 US 109), The Accused
>requests that the court makes monies available so that the Accused may
>find competent representation on the Accused's own, in whom the Accused
>may have confidence. In the event that these requested monies are not
>made available, The Accused will stand before the Court 'in propria
>persona' without counsel, and under the foregoing conditions, only the
>Accused can speak for the Accused (Chandler v. Fretag 348 US 3 -
>Farette v. California, 422 US 806). The Accused understands that one
>cannot be incarcerated by the court unless one has counsel at trial. The
>Accused will not sign a waiver to counsel. The Accused will engage
>counsel only under the aforesaid conditions - see Argersinger v. Hamlin
>et al.
>
>8. The Accused demands the rights enumerated under the first precept of
>the Fifth Amendment to the constitution of the United States. The
>Accused will require an indictment or presentment by a show cause jury or
>Grand Jury. The supreme Court of the United States has ruled in Mackin
>v. U.S. et al that any crime for which a person may be incarcerated is an
>'infamous crime'. The Fifth Amendment provides for indictment in all
>infamous crimes. The Accused understands that any attempt at prosecution
>of this free and natural person in the absence of said indictment
>constitutes a willful violation of the United States Constitutional
>rights Constitutional rights by the court, and/or its officers.
>
>9. The Accused demands trial by a twelve person Common Law Jury as
>provided for under Article III, Section 2, Paragraph 3 and the Sixth
>Amendment to the Constitution of the United States. The court will take
>notice of Frank v. U.S., 395 US 147 (1969) et al in which the supreme
>Court of the United States ruled that.......all sentence must be
>suspended when Jury Trial is denied the Accused. The Accused is aware
>that any attempt to enforce a fine by threat of illegal incarceration
>constitutes extortion on the part of the court and/or its officers.
>
>10. the court will take notice the Accused's time is personal property
>and cannot be consumed by the court without the intention of the court to
>comply with full due process of this free and natural citizen's
>unalienable rights, guaranteed by the Constitution of the United States,
>of which the you took an oath to uphold and defend.
>
>11. Any cause for action will result in action before a Federal
>Magistrate for willful violation of unalienable rights; this action pro
>se under the Common Law and Titles 18, 28 and 42 USC. The Accused is
>also aware that as little as a phone call to the FBI will start an
>investigation against a public official for violation of a citizen's
>rights and that this investigation must be pursued until found without
>merit.
>
>12. The Accused will require the return of all bail monies, evidences,
>fingerprint records, all photographs and all properties seized in
>evidence at the conclusion of these proceedings.
>
>Have a nice day.
>'Constitutionally Yours In Propria Persona' _________________________
>
> Extra copies sent to: Judicial Review Board - State Supreme Court
> United States supreme Court - Washington, D.C.
>
>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com : visit the Supreme Law Library now 05
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Tucson, Arizona state : state zone, not the federal zone 07
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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