Subject: Citizens Arrest Judge in Marion County
Date: Monday, October 04, 1999 10:24 PM
CITIZENS ARREST JUDGE IN MARION COUNTY FOR
TRESSPASS OF TREASON TO CONSTITUTION
Citizens Arrest Judge in Marion County
Roger Weidner arrested for the l9th time fighting judicial corruption
Wilbur Gaston perfoms a Citizen Arrest on Judge Avera in Open Court
MARION COUNTY SHERIFF SGT. DAVE (THE THUG) McMULLEN STRIKES AGAIN,
ARRESTING
ROGER WEIDNER AS COURT WATCHERS LEAVE THE COURTHOUSE
October 1, l999 - Salem, Oregon
On September 30, l999, in Marion County, Oregon, an outraged
group of
citizens placed judge Fred E. Avera under Citizens Arrest for
Tresspass of
Treason to the Constitution and Misprison of Felony. Witnessing this
arrest
were courtwatchers from A Voice For Children, Oregon Judicial Watch,
Constitutional Defenders and Grandparents Rights groups who have been
actively confronting the corruption in the Oregon judicial system.
Among the courtwatchers were l998 Reform Party candidate Roger
Weidner,
candidate for Secretary of State Carlos Luceros, Director of F.A.I.R.
Velma
Hartwig, and Oregon Judicial Watch President Pamela Gaston, and 20
supporters.
Wilbur Russell Gaston was in the Marion County Courthouse in a trial
with no
jury to terminate parental rights of his ten year old daughter Melissa
The OREGON OBSERVER has covered in previous issues the outrageous
treatment of Wilbur Gaston, his ten year old daughter Melissa Gaston
and his
wife Pamela Gaston by corrupt judges, attorneys, SOSCF personnel and
other
public officials. Over the past three years the Gastons have proven
in
court: How Melissa Gaston was sexually molested in more than three of
the
eighteen foster homes she has lived in, burnt as punishment in one of
the
foster homes; How on the orders of SOSCF
employee Larry Lawson a movie was made of Melissa dancing nude,
sexually
manipulating herself, by foster mother Hazel Spees; How Wilbur and
Pamela
Gaston have been repeatedly arrested and jailed for attempting to
expose the
criminal conduct of the judges, SOSCF officials, and others, who have
been
sexually exploiting Melissa Gaston.
In an earlier edition, the OREGON OBSERVER reported that in
April,
l998, a Marion County Jury, hearing a criminal contempt charge
against the
Gastons, not only found the Gastons "not guilty" but found that
certain
Marion County judges, SOSCF personnel and other state officials, were
conspiring against the Gastons. From all the informed people, the
OREGON
OBSERVER has talked to about this case, it has become apparent that
the
reason the STATE wants to terminate Gaston's parental rights, is to
keep
Melissa quiet, to keep Melissa from telling, in her own words, how
she has
been sexually abused while in the STATE foster home program.
On September 30, l999, judge Fred E. Avera (Polk County) was
presiding. In a previous hearing, before judge Avera, the Gastons
had moved
for a summary judgement on a Racketeering Complaint the Gastons had
filed
against the judges, SOSCF employees, and other public officials. In
the
earlier case the Gastons argued that a jury had found them not guilty
because they had been the victims of a conspiracy involving the
judges,
SOSCF employees and other public officials. In the earlier case, the
Gastons
argued since the jury found the judges conspiring, in the criminal
case, the
Gastons were entitled to a summary judgement on that same issue in the
pending Racketeering case. In that earlier case when judge Avera
ignored
the facts and ruled the Racketeering claim "frivolous", the twelve
Gaston
supporters present got up and walked out of the courtroom in disgust.
On September 30, judge Avera first heard from the attorneys
for
the STATE, who were present to quash all of the subpoenas that the
Gastons
had served on Governor Kitzhaber, Attorney General Myers, and Chief
Justice
Wallace Carson and other STATE officials. Kitzhaber, Myers and
Carson were
subpoened because they hae knowledge of the STATE abuse of the
Gastons for
more than two years, and have refused to take action to stop the
abuse.
Judge Avera then asked Wilbur Gaston if he had anything to say.....
Gaston then stood up and for fifteen minutes read a prepared
statement setting forth the criminal behavior of the judges, SOSCF
employees
and public officials, in covering up, in sham hearings, the sexual
abuse of
his 7 year old daughter, Melissa, while she is in the custody of
SOSCF. Two
of Gastons supporters then stood and stated, on the record, that
judge Avera
had committed Tresspass of Treason to the Constitution and numerous
other
criminal acts, while hearing the Gastons cases.
Gaston turned and addressed the Bailiff. "You have heard
more
than two people in open court, under the Constitution of the United
States,
charge judge Fred Avera with Tresspass of Treason to the
Constitution. "You
must remove this man from the bench. If you do not remove this man
from the
bench, you have violated your oath of office and are as guilty as he
is, of
committing Tresspass of Treason to the Constitution and Misprison of
Felony".
Gaston then read the relevant portions of Article 18, Sec.
4, of
the United States Code "whoever having knowledge of the actual
commission of
a felony, cognizable by a court of the United States, concealls and
does not
as soon as possible, make known the same to some judge or other
person in
civil or military authority, under the United States, is guilty of the
federal crime of Misprison of a Felony". Gaston then turned to the
Bailiff
again, and said, "will you interfere if I perform a citizens arrest
on
this man? I will not subject myself to be arrested performing a
citizens
arrest, as is my Constitutional Right, but on the record, in open
court I am
placing MR.AVERA under citizens arrest for the c rimes of Tresspass of
Treason and Misprison of Felony, here before God and my fellow State
Citizens of the Republic of Oregon. AS GOD IS MY WITNESS THIS
CORRUPTION
STOPS NOW." Gaston declared, pounding on the table, in outrage.
As Gaston spoke, Assistant Attorney General Ted Meese, State
appointed Attorney for Melissa Gaston Richard Condon, SOSCF
caseworker Larry
Perton, Assistant Attorney General for the SOSCF Staci Barry,
Assistant
Attorney General Trial Attorney Cynthia Botsios, and Assistant
Attorney
General for the SOSCF termination specialist Dina Vitolins, sat
silent and
red faced. Also in the court as Gaston spoke were the Marion County
Sheriffs deputies Poston, Papenfus, Daley, Schultz, Olson, McMullen
and
Stai.
When Avera threatened Gaston if he didn't stop talking he
would
be removed, Weidner had all the supporters stand in support of
Gaston. As
Gaston finished his statement of arrest of judge Avera, Weidner told
the
supporters to leave the court, that Avera was conducting sham judicial
proceedings where the outcome was a foregone conclusion.
As Weidner was leading the supporters out of the
courtroom, Lt.
Sgt. McMullen was holding the door and made a sarcastic remark to
Roger
Weidner, who then reminded McMullen that he is a public employee. As
Weidner was nearing the front door, he turned and told his supporters
to get
the names of the guards present. McMullen approached Weidner,
white faced
with his handcuffs held in his left hand, shoulder high, ready to
strike.
McMullen then Yelled at Weidner "I am telling you to get the hell
out of
this building". Weidner responded "this is a public building,
McMullen. I
am leaving, but I will leave when I want to".
As soon as Weidner spoke, McMullen violently grabbed his left arm,
pushing
him down, snapping on the handcuffs hard enough to leave red welts on
Weidners wrists.
As McMullen was manhandling Weidner, he snarled "I am
getting
sick and tired of you Weidner". As Weidner was being taken to jail,
he said
to McMullen "you are making a big mistake, McMullen!" McMullen
responded
sarcastically "you really scare me, Weidner!".
This is not the first or even the second time that Dave
(the
THUG) McMullen, has attacked concerned citizens, courtwatchers who
have been
fighting the corruption in the Oregon court system. On March l9,
l998,
Gaston supporter and Family Freedom Press Editor DottiAnn Blakemore,
a 50
year old church secretary and family rights advocate, was violently
attacked
by McMullen after she spoke in court to Gaston, who was being
arraigned on a
contempt of court charge. Gaston had been brought in shackled, and
after
Mrs. Blakemore said "we love you Will", McMullen attacked her and
drug her
screaming f rom the courtroom. McMullen and other sheriffs drug Mrs.
Blakemore around the courthouse for 45 minutes with her clothes
around her
ankles, torturing and abusing a woman with impaired health and
arrested her
for criminal tresspass.
On April l6, l998, Pamela Gaston went to the Marion County
Courthouse to get judge Ertsgaard's signed order to protect Pamela
and her
nine year old son Kevin from the SOSCF retaliation. Judge Paul
Lipscomb had
earlier issued a memo barring Pamela from the courthouse. While
Pamela was
in Ertsgaards office, she had been followed in by McMullen, and told
to get
out of the courthouse immediately or she would be arrested. Pamela
told
McMullen she would leave as soon as she got the judges order. As
Pamela
approached Ertsgaards doorway, McMullen violently attacked her, threw
her to
the floor and maced her. It is outrageous and the OREGON OBSERVER
condemns
Marion County for allowing armed thugs like Lt.Sgt. Dave McMullen to
continue to attack inncent citizens of this state who are fighting to
restore Constitutional Rights to the citizens of this state.
The arrest statement is printed below, and two concurred
that
judge Avera is guilty of the crimes of Tresspass of Treason to the
Constitution and Misprison of Felony. This document, signed by
thirteen
people, now is in the hands of an office in the Pentagon of Military
Authority to defend the Constitution under federal laws to prosecute
this
judge for CONSTRUCTIVE TREASON.
Editors Note: The Gastons and courtwatchers left the courtroom after
arresting judge Avera and charging him in open court on the record.
Avera
immediately quashed all Gastons subpoenas, denied all Gastons motions,
allowed previously discredited witnesses and perjured testimony that
has
been discredited in past hearings on the record, and unlawfully
terminated
parental rights of Wilbut Gaston, and stated that Melissa will be
adopted
out, as was a foregone conclusion that he would, as every ten other
judges
have before him. No matter what the STATE presents, it gets
protected by
corrupt judges acting in the best interest of the STATE regime. The
Gastons
have been told that Melissa has already been adopted out, before
parental
rights were terminated. All actions of the court are void, and will
be
dealt with in the Ninth Circuit Court of Appeals, where the rest of
the
Gastons cases are now pending.
The Gastons, in a press release two days ago called the
"Killing
Floor", described every detail of how the sham proceedings and Alice
in
Wonderland Court take the children from the families without due
process.
The court, and Avera followed their script to the letter in this
hearing.
After the termination was decided, a wave of fear swept the courtroom.
Courtwatchers reported that counsellor Nancy Link, who has vacated her
office without a forwarding address in the last month, requested
armed guard
to leave the courthouse. The other members of the court spoke to
each other
of being in fear for their lives, not of Wilbur Gaston, but of the
people
who are affiliated with him. Finally these criminals and perverts are
realizing that they cannot make this go away by destroying Will
Gaston and
his family, and now the public outrage is a rising tide.
The people are demanding their constitutional rights and
accountability, now that they see how the SOSCF operates in these
corrupted
courtrooms. The Gastons case has exposed and documented the
practices of
concealling all evidence of STATE abuse as they routinely sexually
abuse the
children in foster homes and cover up these acts, and protect the
criminals,
to prevail in taking children from their families and profiting from
this.
CITIZENS ARREST STATEMENT OF CONSTRUCTIVE TREASON AGAINST JUDGE FRED
E.
AVERA - SEPTEMBER 30, 1999
I wish to make a statement.
Please, tell me this - is this a court? Thank you.
Is this a court of record? Thank you.
Are you a judge? Thank you very much.......
For the record, since this is a court of record and you are a judge,
I wish
to report a felony.
If I don't, I shall be subject to fines and imprisonment under
federal Laws.
Under Title 18, USC, Sec 4, I wish to report to the court that you,
sir,
have committed tresspass of treason to the Constitution, by you
denying us
access to said Constitutions, denying us the rights protected by the
Constitutions
Article 3, Section 3, clause 1...
You are guilty of Depriving a free, white man, State Citizen of
Constitutional Rights of ORIGINAL Article 7 of the Oregon
Constitution;
where "in all controversies a trial by jury shall be preserved"
By obstructing justice with bias and prejudice to protect yourself,
the
STATE OF OREGON and fellow bar members from criminal exposure;
By failing to protect a child while being kept in unlawfull STATE
incarceration, criminally abusing, aiding and abetting child sexual
abuse
and conspiring with other STATE OF OREGON agents and authorities to
destroy
my daughter and my family;
By conducting a court of unknown unConstitutional jurisdiction, using
Statutes against a free, innocent State Citizen; using
unconstitutional 4l9
"juvenile code" statutes to deprive me of my inviolate rights . You
cannot
regulate a human being.
By conducting a court, to quote you "you are in juvenile court -
there are
no charges, there are no defendants, there are no juries" and to
proceed
against an actual parent, and sever the natural bond of the family
body,
having never charged me with a crime or convicted me of a crime, is an
unconscionable violation of my due process of Law.
Your authority for this proceeding does not exist.
By allowing the STATE to prevail with complete disregard for
undisputed
court testimony - sworn confessions and a jury verdict that you are,
along
with other judges, committing fraud and treason in open court against
the
Citizens of the State of Oregon, as well as my daughter and myself.
By using hearsay and previously discredited reports and witnesses
whose lies
were dismissed in open court in November, l996, when the case was
exposed as
lies and fraud, and the original petitions were dismissed.
By refusing to uphold subpoenas of critical adverse witnesses to be
cross
examined, even quashing the subpoena of Dep District Attorney William
Howell, whose fraudulent, malicious, discredited, dismissed
petitions have
been holding Melissa for three years unlawfully.
You have refused to uphold your oath to the Constitution and have
intentionally and maliciously deprived me of fundamental rights and
liberties guaranteed by the Constitution to be free from excessive
government intervention and criminal STATE abuse.
By refusing to answer all questions as to venue and jurisdiction. I
cannot
defend myself if I do not know what venue and jurisdiction I am in,
and you
refuse to make this clear to me. .Jurisdiction has been
challenged,and what
the court does beyond this is void if you continue, and you cannot
lawfully
proceed. . You are beyond the ninety day limit of ORS l.050 that you
must
answer questions before the court within ninety days or give a written
reason for the delay, which has not happened. You refused to answer
and
tried to dismiss my motion, and there are mandated prison sentences
for
failure to answer or if you try to fabricate a document to appear
that you
have filed for an extension. You will answer to the people.
(At least two people stand - state their names - I concur that he has
committed tresspass of treason to the Constitut ion.)
To the Bailiff:
You have more than two people in open court under the Constitution of
the US
concurring treason - you have no choice - you must remove this man
from the
bench.....You do have handcuffs, don't you? You refuse?
Title 18, Section 4, US Code, is MISPRISON OF FELONY - as the
bailiff, you
are now as guilty as he is.....ARE THERE ANY ATTORNEYS PRESENT IN THE
ROOM?
YOU ARE JUST AS GUILTY OF THE SAME CRIMES BECAUSE YOU FAILED TO STOP
THIS
MAN FROM COMMITTING TRESSPASS OF TREASON AND MISPRISON OF FELONY TO
THE
CONSTITUTIONS.
"Who ever having knowledge of the actual commission of a felony,
cognizable
by a court of the United States, conceals and does not as soon as
possible
make known the same to some judge or other person in civil or military
authority under the United States, is guilty of the federal crime of
misprison of felony"
18 United States Code, Sec. 4
To the Bailiff:
Will you interfere if I perform a citizens arrest on this man? I
will
not subject myself to be arrested performing a citizens arrest, as is
my
constitutional right, but on the record, in open court I am placing
Mr.
Avera under citizens arrest for the crimes of Tresspass of Treason and
Misprison of Felony here before God and my fellow State Citizens of
the
Republic of Oregon.
I WILL NOT PARTICIPATE IN A COURT OF NO DUE PROCESS AND WILL NOT
ALLOW MY
RIGHTS TO BE FURTHER VIOLATED. THIS IS NOT A COURT OF LAW, NO
CONSTITUTION,
ONLY A KANGAROO COURT - A TRIBUNAL FOR THE SOSCF - I WILL IMMEDIATELY
APPEAL
INTO THE UNITED STATES NINTH CIRCUIT COURT ANY THING YOU DO BEYOND
THIS
POINT, AND WILL PROSECUTE YOU TO THE FULLEST EXTENT OF THE LAW.
AS GOD IS MY WITNESS THIS CORRUPTION STOPS NOW.
DATED THIS 30th day of September, l999
in Marion County, Salem, Oregon
_________________________________
Wilbur Russsell Gaston, sui juris
I swear and testify before God that I witnessed the above citizens
arrest of
FRED E. AVERA in the Marion County Courthouse and demand
prosecution
of this corrupt public servant according to STATE and Federal Laws and
Constitutional mandates for TRESPASS OF TREASON.
ORIGINAL SIGNED BY THIRTEEN PEOPLE ON SEPTEMBER 30 1999
\
-- Mark Hillyard (foster@inreach.com), October 13, 1999.