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Rick Stanley's crime?
Believing the Second Amendment exists for all citizens of the United
States
(Click to go to story,
below Commentary)
COMMENTARY:
Victims-of-Law takes the position that all persons in America should
follow our 'Rule of Law,' including Court Rules, Rules of
Evidence, the U.S. Constitution, state constitutions, and all
relevant statutes. However, it is a fairly well known fact that many
judges do not subscribe to the "Rule of Law." As a result, some of
our citizenry have turned to an earlier version of 'rule of law' --
out of total exasperation with our present system, which gives
judges absolute immunity from civil liability to do whatever they
want even if it's malicious or corrupt. Click to read
Judicial Immunity is Absolute
on our
front page. Illustrating a case from 1821 and cited throughout the
years,
Chief Justice Marshall in
Cohens v. Virginia,
19 U.S. (6 Wheat.) 264, 5 L.Ed. 257 (1821), expressed his concept of
judicial obligation and judicial power as:
“It is most true that this Court will not take jurisdiction if it
should not: but it is equally true, that it must take jurisdiction
if it should. The judiciary cannot, as the legislature may, avoid a
measure because it approaches the confines of the constitution. We
cannot pass it by because it is doubtful. With whatever doubts, with
whatever difficulties, a case may be attended, we must decide it, if
it be brought before us. We have no more right to decline the
exercise of jurisdiction which is given, than to usurp that which is
not given. The one or the other would be treason to the
constitution. Questions may occur which we would gladly avoid; but
we cannot avoid them. All we can do is, to exercise our best
judgment, and conscientiously to perform our duty. In doing this, on
the present occasion, we find this tribunal invested with appellate
jurisdiction in all cases arising under the constitution and laws of
the United States. We find no exception to this grant, and we cannot
insert one.”
See additional information in right hand column.
INTERNET NEWS RELEASE
(edited)
Rick Stanley
was arrested on Dec 15, 2001 at a rally where he gave a speech about
Second Amendment rights in front of 250 people at Veterans
Park below the State Capitol in
Denver,
Colorado. It was alleged that he violated a local ordinance
prohibiting the carrying of any weapon locally in Denver. The weapon
was a small caliber pistol, in a holster and it was loaded.
Rick Stanley
is a Denver businessman for thirty years, a liberty activist who was
running for the U.S. Senate at the time. Stanley had two defenses
for the actions which were not allowed to be brought up in the
Denver courtroom of Judge James Patterson.
Defense #1: 2d Amendment
US Constitution: "A well regulated Militia, being necessary to the
security of a free state, the right of the people to keep and bear
arms, shall not be infringed.
Defense #2: Article 2,
Section 13 of Colorado's Constitution states: "The right of no
person to keep and bear arms in defense of his home, person and
property, or in aid of the civil power when thereto legally
summoned, shall be called in question".
The higher
laws of the U.S. Constitution and the State Constitution trump any
local laws, except in America, the Republic that is alleged to be
under the "Rule of Law."
Stanley
was found guilty of this ordinance, sentenced to 6 months in jail (5
months suspended), $629.00 fine, and 75 hours of community service
for "exercising his Constitutional Rights".
Stanley was
arrested again for carrying a loaded .357 pistol on his hip in
Thornton,
Colorado, at the Harvest Festival, in 2002 in another test case of
violating their similar open carry prohibition. Stanley was found
guilty of violating the open carry ordinance and sentenced to 3
months in jail and $500.00 fine.
The Colorado
legislature passed a bill called SB-25, which Colorado Governor
Owens signed into law on March 18, 2003. It pre-empted all of the
roughly 78 local ordinances across
Colorado which prohibited or restricted open carry throughout
Colorado. This
law is spread out in several statutes. CRS S 29-11.7-101 states:
"(1)(b) Section 13 of Article II
of the state constitution protects the fundamental right of a person
to keep and bear arms and implements section 3 of article II of the
state constitution; (1) (c) The general assembly recognizes a duty
to protect and defend the fundamental civil rights set forth in
paragraphs (a) and (b) of this subsection"...
CRS S 29-11.7-103 states: "A
local government may not enact an ordinance, regulation or other law
that prohibits the sale, purchase, or possession of a firearm that a
person may lawfully sell, purchase, or possess under state or
federal law. Any such ordinance, regulation, or other law enacted by
local government prior to March 18, 2003, is void and
unenforceable".
Stanley took
the law on face value and filed a pleading on October 15, 2003 with
the Thornton Municipal Court and the Adams County District which had
heard his appeal and turned it down. In this Notice and Order to the
courts
Stanley
communicated to these judges the following:
1) His open carry criminal
convictions violated Colorado Constitution Art. 2, Section 13;
2) SB-25, which was signed into
law on March 18, 2003, affirmed Colorado Const. Art. 2, Sec 13 and
preempted these ordinances;
3) He demanded that these judges
overturn his convictions on constitutional grounds; and
4) He said: Failure to do so
will result in a treason charge against (name of judge) for failure
to uphold the oath of office to defend the Constitution that all
public officials and judges must swear to as a condition of their
office. This treason charge will result in a Mutual Defense Pact
Militia
Footnote 1
warrant for (name of judge) if the following conditions are
not met:
A.
Overturn the unconstitutional convictions of Rick Stanley for
violation of (local ordinance) because (ordinance #) violates the
constitutional rights of Rick Stanley under the guise of color of
law.
B. Return the $1,500.00 bond to
Rick Stanley.
C. Return Rick Stanley's
property which consists of 1 each Smith and Wesson 6 shot .357
pistol and 6 each .357 bullets.
This court is
notified once more, as Stanley gave Notice from the beginning of the
proceeding against him, (name of court) has no jurisdiction over him
in this matter. Accordingly this order is affirmed. (End) (Signed
Rick Stanley, with a certificate of mailing to the courthouse).
Stanley knew
of Colorado's citizen's arrest statute CRS S 16-3-210 which states
as follows: "A person who is not a peace officer may arrest another
person in the presence of the person making the arrest".
Footnote
2
Stanley
knew of hundreds of Supreme Court decisions that backed up all of
his assertions in the pleading that he filed with the court. He knew
he had the First Amendment protected and guaranteed right to
"petition the government for redress of grievances." He knew he had
First Amendment guaranteed and protected rights to "free speech". He
knew that the Supreme Court had decisions from the past that
declared a judge was committing treason for not upholding his oath
of office to defend the Constitutions. He knew of all the case
law decisions from the US Supreme Court backing those rights as
well. These case laws and issues can be seen at Stanley's
website:
LEGAL MEMO for
Rick Stanley prepared by Attorney Peter Mancus of California.
On October 18,
2003, Stanley was arrested by FBI agents, turned over to the Denver
Police department and jailed for 102 days on the previous gun
charges and was charged with two new felony charges of alleged
violation of a Colorado statute that made it a felony to attempt to
influence a public official to make a decision by a threat of
violence, deceit, or economic reprisal (CRS S 18-8-306).
In June of
2004, Rick Stanley was found guilty of the two felony charges of
"Influencing a Public Official" and was sentenced to 6 years in
state prison, 6 years of parole thereafter, $10,000.00 fine and
$8,200.00 restitution for swat team protection over the weekend for
the two judges "while Stanley had been incarcerated in the Denver
City Jail and the Adams County Detention Center.” Stanley was
released on $80,000.00 paid bond and his case is currently on appeal
at the Colorado Court of appeals.
At no time,
were any of the juries instructed what the superior constitutional
or statute laws were, or any Supreme Court decisions that would have
exonerated Stanley, by any of the judges, in any case he
was tried for. In all the cases, the jury was only instructed by the
judges to find Stanley guilty or innocent of the charges, that he
was charged with, without benefit of the knowledge of the laws that
would have exonerated him, with the one exception where Judge Rose
had denied Stanley a jury trial in Thornton and Judge Rose made all
the decisions himself, about the law and the charges.
Rick Stanley
has been saddled with 2 misdemeanors, 2 felonies, arrested many
times, jailed many times, and now has 6 years of state prison
hanging over his head should his appeals fail in State Courts.
Stanley has said that he will take the case all the way to the
Supreme Court if necessary to exonerate him from the charges of
"exercising Constitutional rights". Stanley's Thornton gun case is
also at the Colorado Court of Appeals in the form of a
Reconsideration Appeal, even though he has already served the 90
days in jail and paid the fine. |
