6 Ways Cops ‘Legally’ Pervert Due Process

The most commonly committed felony in America is a cop lying under oath on a witness stand or committing perjury in a written report. Like their criminal twins, they thought it seemed like a good idea at the time. And, like their criminal counterparts, they believe the ends justify the means…i.e. they must ‘bend’ the law to enforce it–and make certain the ‘bad guy’ actually gets convicted. If that means deploying the fudge factor, so be it.

But cops aren’t alone in this scheme of orchestrating a police state. The US Supreme Court Justices have  egged them on. Here’s a couple of examples before delving into the nuts & bolts of uniformed organizations arguably worse than the mob:

Community Property?–not when the police want a new break room microwave or cushier office chairs. Michigan (a community property State) set up a sting looking for Johns patronizing hookers in the tenderloin. A black man was busted by the undercover policewoman posing as a whore. His car was impounded as an item used in the commission of a crime. The department proceeded to auction it and take the proceeds for their own purposes. The man, a ne’er do well unemployed lout was married to a hard working black mother who was paid so poorly she still qualified for welfare benefits. By dint of hard work and years of struggling, she managed to feed her children, eventually saving enough to purchase the used car seized by the Michigan police. Naturally she objected. It was bad enough her shiftless unfaithful husband had been arrested, but now she once again had no transportation. She wanted it back. The police refused. They said it had been used in the commission of a crime even though she had known nothing of what her old man was up to. She then insisted the police at least turn over half of the proceeds to her since the vehicle was, under Michigan law, community property, i.e. half hers. They refused. She took the matter to court in Michigan and lost. She appealed. She lost. She eventually appealed all the way to the US Supreme Court. She lost. What’s theirs is theirs and what’s yours is theirs too!

A Florida yacht brokerage/leasing company owned an expensively handsome 2 masted schooner. They leased it to a company who signed an agreement to pay the rather steep monthly rent along with a deposit and initial fees. Not so long after, the boat disappeared and the monthly rental payments ceased. The owners began a concerted diligent search for their property, in an effort to recover it. Unbeknownst to them, the miscreants who had rented it used it to smuggle marijuana. At some point during the boat’s absence, the commonwealth of Puerto Rico authorities searched and seized the boat after finding evidence on it of the smuggling activities. They proceeded to auction the vessel and received a substantial sum for it. The actual owners were never notified by the Puerto Rican authorities nor was any attempt made by them to do so. These facts are not disputed in the case that ultimately wound its way to the US Supreme Court. Nevertheless, the Justices upheld Puerto Rico’s seizure, auction, and refusal to reimburse/pay the rightful owners despite the innocence or any wrong doing by those owners.

Upshot: A thief or smuggler can steal your property, use it unlawfully, and YOU (the victim) can be forced to pick up the tab in an action known as IN REM (as opposed to IN PERSONUM) against the property itself.

It’s a pretty sweet deal for the government with ancient origins dating back to trials where inanimate objects and cows were burned at the stake for crimes against the Crown. It’s also a stubbornly remaining stain of the anachronistic theory in government of The Divine Right Of Kings–i.e. The King/Sovereign (being God’s representative with dominion over all God’s subjects and realm) CAN DO NO WRONG…A bit offensive to the modern notion of a government of and by the people, eh? Incidentally, that’s also where the idea of sovereign immunity comes from, which remains part of our Anglo-Judeo legal system. Some consider it an oxymoron in an age where legitimacy is supposed to flow only from the consent of the governed.

6 Ways To Leave Your Lover–or from here to Mars w/o the Intergalactic Laxative

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Tottenham (UK) neighborhood in flames, Photojournalists beaten

Police Violence catalyzes Protests

Patrol Cars, Bus, Shops torched

“At one point rioters were seen beating up a man attempting to take film footage of the scene.” “They’ve beaten up a man for talking to the fire brigade.”

“Many lined up with makeshift weapons including metal bars and baseball bats to confront the line of police…” “At one point, rioters broke through police ranks and attempted to storm Tottenham’s police station, pelting officers with bricks, bottles and eggs. As a police helicopter flew over Tottenham High Road, youths in masks and hoods added combustible material to two burned out police cars, included a bundle of documents and an awning ripped down from one of the shops.”

Shelton Officer Stomps Handcuffed Suspect’s Head, Breaks Jaw

The Mason County Sheriff has a tank…to serve warrants?…so they said. The department along with the Shelton police has a history of abusing citizens with excessive force and the gratuitous use of tasers. When this police misconduct is brought to court, the cover-up continues and the uniformed perpetrators are rarely held accountable by judges who never met a cop they didn’t like. News gatherers and photojournalists seek to shed light on this kind of crime along with those of any violent law breakers. A fully informed electorate is vital to any functioning true democracy. When one member of the community in injured, their rights violated, all members of the community have been injured!

However, how is the public to be informed of these critical events when those attempting to bear the message themselves are threatened, attacked, beaten, reviled, and prevented from exercising…and thereby preserving…some of our most precious inalienable rights?

One might think our most visible community activists would be on board with preserving our liberties along with our environment. But, with  apologies to Porgy & Bess, it ain’t necessarily so! Disgustingly un-American behavior emanates from even some of those [Shawnie Vedder/Whelan?] who are among the 1st to insist on the very right they deprecate by attacking livestock, vandalizing mailboxes, engaging in perjury and abuse of process, defrauding the government, etc.  Even the Shelton Journal has been seen to be lacking the kind of deference to 1st Amendment principles one would hope for in a news gathering organization. From public meetings, to courthouse hallway/sidewalk encounters, the hypocrisy abounds.

It’s high time the community took stock and engaged in some introspection if we truly value the proud principles and protections we share as Americans. Poorly trained law enforcement officers are among the most disturbing in this loathsome mix of those who would pervert the fundamental principles for which this nation was founded.

The Photojournalists’ Rights.

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Shelton Journal 1st Amendment Tolerance questioned?

This article represents the 1st in a series of articles questioning the American public’s understanding of 1st Amendment guarantees, photojournalism, and news gathering confrontations. An increasing pattern of assaults and attacks against journalists in general, photojournalists in particular, by elements from both ends of the political spectrum has become apparent of late.

Recently, the Shelton Journal (a local weekly newspaper) ran an editorial urging local residents to be more tolerant of this news gathering organization instead of displaying hostility for it pursuing an independent editorial policy, and even toward its reporters themselves. But a recent event places that editorial in contrast with the reportedly rude manner it (Jesse, the Journal’s operations mgr) treated Bob (a long time Shelton resident) when approached with a photo of a woman wearing a Muslim headdress at the 2011 Mason Area Fair inside the Mason County Democrats booth.

Bob thought the photo merited publication and was newsworthy because, as he put it, he believed the combination of the T-shirt logo, the nature of the booth, and the woman’s attire were making a ‘statement’. The Journal, exercising its editorial independence, disagreed for a variety of reasons, none of which are necessary under the circumstances. Bob argued he’d have accepted The Journal’s discretion on the matter, but objected to the rude ejection he endured as though he were promoting racism or bigotry. Jesse, on the other hand, stated (during a fact checking interview) he exercised restraint and civility in having Bob escorted from the building.

An independent shot of the woman in question is displayed here for readers to decide for themselves whether it merited such an acrimonious exchange, displays a ‘statement’, or was even notable or newsworthy:

Is this woman making a 'statement'?

When news organizations and photojournalists are being attacked ever more frequently by a broad spectrum of political proponents or even poorly trained law enforcement officers, it behooves those who love 1st Amendment liberties to lead by example. If Bob’s allegation regarding his rude reception is accurate, The Journal was out of line and being inconsistent with its own editorial regarding such issues. If true, it certainly isn’t the kind of example to set in an environment where so much confusion exists with respect to photojournalists’ and reporters’ rights under the 1st Amendment.

It’s been said a reporter (at least a good one) has no friends…and shouldn’t! A fully informed public is vital to the proper functioning mechanism of a true democracy. The Journal’s (and any journalist’s) right to exercise its independence and 1st Amendment guarantees must be respected, even applauded. Those who would trample on that right are un-American. Similarly, The Journal must be consistent in honoring those same rights it demands…and do so politely! It may have failed to meet that simple standard in this instance.

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07-28-11 KMAS sponsored candidates forum

The following video clips were taken to reveal the positions and credibility of candidates running for local political offices, Mayor of Shelton and Port of Shelton Commissioner in this instance:

This series of video clips featuring Candidates for Shelton area elected offices begins with the Port of Shelton Commissioner race, then the Mayor of Shelton race. The candidates for Port of Shelton Commissioner are, Jack Miles (incumbent), Dick Taylor, and Brian Avery. For the Mayor of Shelton race, the candiates are: Dawn Pannell (currently a City commissioner), Gary Cronce, and Tracy Moore. Further commentary about the Mayoral race can be found at:

CLICK here for more commentary on these Shelton area candidates

07-28-11 Shelton Area Candidates Forum 1/6

07-28-11 Shelton Area Candidates Forum 2/6

07-28-11 Shelton Area Candidates Forum 1/6 by pinbalwyz

07-28-11 Shelton Area Candidates Forum 3/6

07-28-11 Shelton Area Candidates Forum 4/6

07-28-11 Shelton Area Candidates Forum 5/6

07-28-11 Shelton Area Candidates Forum 5/6 by pinbalwyz

07-28-11 Shelton Area Candidates Forum 6/6

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07-28-11 Short Interviews of Shelton Area Candidates

Mr. Avery hopes to be elected as Port of Shelton Commissioner, has never held elective office (other than precinct), but speaks out against Adage as having been a bad choice for the local community though envisioning the Port as an underutilized economic engine.

07-28-11 Avery short interview for Port of Shelton Commissioner race

Gary Cronce is running for Mayor of Shelton without any previous experience in elective office, but cites his bonafides as a local area businessman while claiming to have too little knowledge on local environmental issues to take a position on additional smokestack industries (past, present, or future) impacting the community…acknowledged being politically aligned with most of County Commissioner Tim Sheldon’s views.

07-28-11 Gary Cronce short interview for City of Shelton Mayoral race

Dick Taylor cites previous elective office in local area along with lengthy experience as a local area businessman. Dick promises to hold meetings, if elected, welcoming citizen input but shies away from addressing the current conflicts within the Port of Shelton on precisely such democratic principles. He also sidesteps the question of area environmental integrity by observing Simpson’s proposed additional incinerator is a City of Shelton issue. Yet Dick acerbically admitted in an earlier telephonic interview to having been an ardent supporter of Adage as a member of Citizens For A Prosperous Mason County.

07-28-11 Dick Taylor short interview for Port of Shelton Commissioner race

Having previously complained of having read the blog where such photos and video clips end up, retiring City of Shelton Mayor Tarrant snarls angrily at the camera. Misidentified in the bright sunlight as Mr. Butros, Tarrant evidences the kind of demeanor that can be expected from his hand picked successor, ‘stonewall’ Dawn Pannell.

07-28-11 Retiring City of Shelton Mayor Tarrant snarls at the camera

The sound was lost on this interview due to the mike not being turned on. But, Tracy Moore is perhaps the ‘squishiest’ of the 3 candidates for Mayor. When interviewed (by phone), she was clueless as to what branch of the government a City Commissioner belongs. Given Dawn Pannell’s ill conceived notions of refusing to reveal her opinions on public policies surrounding the Mayor’s office, such ignorance of fundamental government structure is unacceptable. A more recent interview (of her husband) revealed a waffling on whether Ms. Moore would leave her existing employment to dedicate herself full-time (if elected) to her duties as Mayor.

07-28-11 Tracy Moore short interview for City of Shelton Mayoral race w/o sound

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County Armored Tank, Electrical Hazards, Defensive Weapons

Shelton Police warn citizens to acquire training before deploying defensive weapons, but admit they know of no place local citizens may go to gain it.

08-02-11 Shelton Police give tips on defensive weapons

PUD3 gives demonstration warning of fatal electric hazards from downed power lines, proximity to ground based transformers, trees touching power lines, while urging residents to call their PUD immediately when observing such emergencies.

08-02-11 PUD3 warns of fatal electric power hazards

Mason County Sheriff deputies caught in an impromptu interview at the 2011 Mason Fair respond to questions about the tank (armored personnel carrier) their department uses, reportedly, to serve warrants. They eagerly extol its virtues for ensuring the safety of deputies while emphasizing only SWAT members utilize it. Some initial confusion is expressed as to whether it is currently operational.

07-29-11 Mason County Sheriff Tank labeled necessary

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Social Security Entitlements on Chopping Block

City Administration's plans for your neighborhood

The recent Congressional impasse over raising the national debt ceiling limit has brought about some compromise including the reduction of entitlement programs like Medicare and Social Security benefits. Why?…especially after so many have worked so hard to contribute to these programs all of their working  lives? Well…because of waste, fraud, & abuse!  See the following picture narrative link for a classic example:

Local Young Social Security Disability Recipient vacations in Shanghai, protests poverty

WELFARE QUEEN?:

When a relatively young mentally ill woman receiving lifetime disability benefits because she supposedly is incapable of working to support herself can afford to vacation in Shanghai, commute to the Evergreen State College to endlessly take art & photography classes, and even contemplate purchasing her ‘dream’ 4×4 Jeep while the rest of us dumb schmucks labor to pay our taxes and keep the lights on…something is very wrong and broken with our system!  NO WONDER SOCIAL SECURITY IS ON THE ROCKS.

Even the ‘exceptional’ and the destitute are required to work…and cheerfully do so when given the opportunity. The blog’s author is spot on in contrasting the ubiquitous filth and industrial blight under Shelton’s current City Administration with Shanghai’s clean city streets and neighborhoods. But she ignores the fact public leaches are destroying our social fabric by cannibalizing the public purse out of indolence and a misplaced sense of entitlement. When a young woman as physically healthy as an ox is permitted to enrich herself at the public’s expense because she refuses to work and exaggerates a condition that clearly poses no impediment to her maintaining several community blogs/websites, filing frivolous lawsuits wherein she represents herself, raises 2 children, plans assaults on mountain peaks, livestock, and mailboxes, the community suffers as a result.

The referenced blog recently had a great quote:

“A man steals a goose from the commons and is jailed. But the man who steals the commons is rewarded!”

Those who defraud the public purse under the feigned guise of ‘disability’ when they’re capable of working (attending college, planing mountain treks, covering community events as a photo-journalist, raising a family, etc.) but simply WON’T, are as big a blight on the community as the filthy dirty anachronisms (like Simpson) who pollute and destroy it or City administrations (Dawn Pannell?) who continue their senicure while doing little to protect residents…even stonewalling those who ask what protection the official is willing to afford the community.

SHAME on those who plead poverty while stealing from their neighbors and the public purse!

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Pork Attorney Strategy for Upcoming Trial

Teresa Rebo vs. Pork of Shelton

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7-16-11 Hiawatha Park Miscreants

Contact this Blog w/your contact info if you recognize this man

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Pork Underwriter Wants Out

Pork Celebrates Graft, Corruption

Word has it the Pork’s underwriter (Enduris) wants to distance itself from the cesspool it signed onto. That’s unsurprising given the lawsuits the company is likely going to settle involving abuse of public employees, bad legal advice the Pork purchases at taxpayer expense, and the transparently self serving whitewash the insurance company serves up for itself and client. Add the ongoing litany of political posturing with which these geriatric Commissioners hope to confuse the public via false allegations, overreaching attempts to exert ‘authority’ over their political rival and fellow Commissioner for having the temerity to protect/inform the public, and their eagerness to delegate authority they do not have or are too tired to retain wherein they erroneously conceive the notion Commissioner Miles can be effectively converted from an equal to an ’employee’…well, you get a witches’ brew no profit based insurance company can long tolerate if it wants to stay in business.

The odds are simply too long in this instance. i.e. It hardly matters if a hypothetical driver is never ‘at fault’ if he/she habitually continues to be involved in accidents. The underwriter is going to hedge their bets by dropping that driver from its list of clients.

The septuagenarians, knowing they will look like the greedy, grasping, corrupt, bumbling, tired, uninspired, clueless, incoherent incompetents they are fully intend to try to resort to their familiar refrain of blaming the one Commissioner who has warned of the liability risk the Pork has been keen to court all along.

When ill fated Adage was the Pork’s main squeeze so recently, Washington State Supreme Court decisions that spelled out the fact ‘permits’ served as no shield against lawsuits seeking damages due to environmental, health, and property damage were handed out to the public and entered into public comment, only to be ignored. Now, with Terra Dittmer and Teresa Rebo seeking damages, similar local lawsuits resulting in large settlements, monetary penalties imposed on the Pork by the U.S. EPA (in 2007) for environmental violations (PCB’s), its incredible arrogance and ineptitude has given the big money boys pause. Like Adage, they don’t want to hang around to clean up the Pork’s mess! Unlike the Pork Commissioners, the insurance company has bright lawyers and actuaries. They can smell a losing hand from a distance…that’s their business.

The Pork Commissioners, on the other hand, aren’t putting their own money/assets at risk. They’re putting the public’s money and assets at risk. That’s the risk voters assume when electing feeble old men to public office to do the public’s business when they should be put out to pasture raising tomatoes or in a rest home. The health of these officials is failing. They do not have the vigor, acuity, or stamina to do their jobs…which is why they hand those responsibilities off to the Executive Pork Director. And now they’re contributing heavily to the campaign of yet another septuagenarian in poor health, Dick Taylor.

Jay Hupp can barely contain himself (in more ways than 1!) at public meetings, Tom Wallitner is one french fry away from a heart attack (see comment #1), and Dick Taylor can’t stay awake through a candidates’ forum.

Knowing the sh*t is about to hit the fan when the public learns the Pork’s insurance company wants to abandon ship, the Pork attorney sent a letter which contains the following excerpt in an effort to shift the blame:

The Board of Commissioners have a duty and a responsibility as a fiduciary to protect the assets of the Port as well as defending it in litigation brought against the Port.
In furtherance of the protection and in particular, the Port has entered into an agreement with outside insurance coverage with Enduris to assist the Port in claims brought against the Port and litigation matters.  A specific requirement of the coverage agreement is that the Port, to include it’s elected commissioners, shall fully cooperate and assist the insurance company in it’s efforts to defend the Port.
Should the Board or any specific Board Member fail in it’s fiduciary duty and responsibility and obligation to assist the insurance company, it could result in the insurance company withdrawing insurance, identifying that it reserves the right to recover costs or expenditures from the Port or individual commissioners that are awarded as a result of the Port Commissioner NOT assisting or cooperating with the insurance company’s investigation, preparation and defense of claim.  This could also ultimately lead to not only liability for the breach of a commissioner’s fiduciary duty, but also to a Port Commissioner being personally liable, since the insurance company could withdraw it’s coverage and no longer cover that individual’s actions.  The Port could also consider an action against an individual Commissioner for breach of fiduciary duty that results in cost and damages to the Port.  Public officer’s and employees are generally accountable for their actions, like any other individual, under civil and criminal laws, and insurance coverage is intended to provide this coverage to the Port, it’s commissioners and employees of the Port.
Further, should an individual commissioner undermine the efforts of the the insurance company in representing and defending the Port in a legal action, it places the Port in a precarious position wherein the insurance for the Board, the individual commissioner and the Port is at risk of being withdrawn.
As the General Counsel for the Port of Shelton, I would strongly encourage the Board of Commissioners to consider these above comments and issues and if there are any questions or comments, I encourage you to contact me directly, or in the alternative, the Port’s insurance carrier, Enduris.
Sincerely,
Charles H. Houser, III
Attorney at Law
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