1

Arraignment Strategy [Draft 2/27/03]

BEFORE GOING TO COURT, I HIGHLY RECOMMEND DROPPING OFF SEVERAL OF THE “ASSISTANCE OF COUNSEL CONTRACTS.” The purpose of the Assistance of Counsel Contracts is to assure that anyone that is going to represent you will protect and defend your constitutionally secured rights, have no other allegiances, and that the judge and court are properly qualified arising under the Constitution, remembering it is you that will be in jail and/or pay these high fines and you are not learned in the Law. If you drop these off to several attorneys, then you are fulfilling by ordinary and due diligence you duty to obtain Assistance of Counsel as secured in the Sixth Amendment. They can not proceed against you without you having Assistance of Counsel as secured in the Sixth Amendment, unless you agree to a lawyer, counsel, or attorney. DON”T!

Remembering that a “lawyer” as used in the Statewide Video and/or attorney has these following responsibilities as found in the Professional Conduct Preamble in the Alaska Rules of Court Book being the following: “In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an upright person while earning a satisfactory living.” Two of these responsibilities go hand in hand, and client isn’t one of the two!

Note: You will usually be asked to respond to three questions initially.

1. Do you have a copy of the Complaint.

2. Is your name spelled correctly

3. Is your date of birth (DOB) correct.

When you get to court the clerk usually will ask you to get your paperwork (Palmer) from her or if you are in Anchorage, the paperwork will be on top of a table outside of the bar and you will be repeatedly requested to pickup your paperwork by the Clerk. The charging documents come in two flavors, one is a Complaint by the cop, and the other is in the form of an Information by the DA. There are commercial issues to the Complaint/Information, being it is a presentment by the corporation to you, which I will not address here.

Before the judge comes in, the prosecutor will want to make offers to each one of you and in Anchorage they announce this prior the viewing of the video.

You will then be mandated to view the Statewide Video that is supposedly to advise you of your rights [they are not your constitutionally secured rights but these rights [benefits] are in a statutory non constitutional court].

Then the judge will enter and begin dealing with all of the cases. The attorneys will always go first, as we wouldn’t want to waste their valuable time.

When you are trying to create a record, you have to deal with each judge differently. When you back them into a corner, some will move forward and then state this hearing is over, some will command an answer of you including some threat of jail or revoking your parole, and some will interrupt you consistently and if they continue doing this state the fact that they are violating your rights of due process of law.

When they threaten you with a question such as this and you do not have Assistance of Counsel, try this:

Judge: Mr. Doe, I want you to answer this question with a yes or no. Are you going to do your community service or am I going to have you jailed today?

Answer: Sir, without Assistance of Counsel, I am unable to answer your question, but I would like to answer your question. ……….

[Continue with this maybe] Why are you denying me Due Process of Law and Assistance of Counsel by threatening me in open court on the record with jail? ………

[Or] Sir, if I answer this question without Assistance of Counsel, I will be waiving my Constitutionally secured rights, but I really do want to answer the question, but I can’t and respectfully decline.

I choose not to got to jail if I can remain out [been there, done that], as it is easier to fight the corrupt system from the outside that in with the powerful info that we have today. Use your own judgment!

The purpose of making the confession for the judges [presumption] is that under the rules of evidence rule 302 and 304, a presumption can only be rebutted with ”evidence”, otherwise it is proven. You should always get a copy of the tape. There are audio tapes for listening and a CD for the transcription folks. Order the CD and get it transcribed at a rate of usually about $3,50 per page. You then take a copy of the transcript and reenter it back into the court record with a motion/demand as an Offer of Proof and have it ready to enter in open court as an Offer of Proof to make it attach for appeal if needed. This is a way to trap the SOB’s with evidence.

Different judges and different venues do it slightly different, but the following will be addressed.

QUESTION TO JUDGE: Sir, what is your name and title please? [write it down then and get the spelling correct if you don’know]

QUESTION TO COURT: Who is this sitting down at this table over here?

QUESTION TO PROSECUTOR: What is your name and title please?

QUESTION TO PROSECUTOR: Sir/madam, are you representing the State of Alaska [Municipality of Anchorage, etc] as a government?

NOTE: Use the following:

A. For the State of Alaska

B. For a Municipality of the State of Alaska.

Depending on the judge and business pressures of the court you may not get all of this in, but if not go the sections below where you are being denied the right to know who the accuser is.

A. Is this State of Alaska, one of the several States as found in the Constitution of the United States, or as one of the other States as found in the Statehood Act, or as a public corporation as found in ©Alaska Statutes 45.77.020, or is this State of Alaska in commerce concerning “registered owners” as found in the Alaska Statutes at AS 28.10 et seq and AS 49.29 et seq.

OR—

B. Is this Municipality of Anchorage’s [City of Wasilla’s] charter arise under the State of Alaska as one of the several States as found in the Constitution of the United States, or as one of the other States as found in the Statehood Act, or as a public corporation as found in ©Alaska Statutes 45.77.020 et seq, or is this State of Alaska in commerce concerning “registered owners” as found in the Alaska Statutes at AS 28.10 et seq and AS 49.29 et seq?

Wait for ANSWER, then proceed to either “A” or “B”

Note: State of Alaska is NOT a government and the word “means” limits it to exactly what is in this code section. “A state” is not one of the “several States.” Note also all of the other things that are governments including corporations by treaty or compact! Are we subject to all of these other “governments”? I sure am not!

A. Is this State of Alaska a government as found in the criminal law Alaska Statutes in AS 11.81.900, being the definition of government and if so, which one?

(27) "government" means the United States, any state or any municipality or other political subdivision within the United States or its territories; any department, agency, or subdivision of any of the foregoing; an agency carrying out the functions of government; or any corporation or agency formed under interstate compact or international treaty;

B. Is this Municipality of Anchorage [City of Wasilla] a government as found in the criminal law Alaska Statutes in AS 11.81.900, being the definition of government and if so which one?

NOTE:

If the Judge starts to interrupt you, which a lot of them will as they get testy if they see what you are up to and as this procedure gets out more, the judges will apply tactics to shut you down. Use one of the following as required!

FIRST:

1. I have an absolute right to know the standing and nature of the Accuser, as STATE OF ALASKA [Municipality of Anchorage chartered under STATE of ALASKA] can mean many different things.

THEN IF STILL BLOCKED BY THE JUDGE: CONFESS FOR THEM.

2. Let the record so show that I am being denied due process of law as secured in the Bill of Rights, as the accuser is refusing to identify themselves as a legitimate government, the accuser is refusing to identify what type of government they are, and in what capacity the accuser is operating in this instant case.

1. Let the record show that this man’s/woman’s true name is John Doe.

NOTE: It is important to get the following statement into the record of the court. You may have to abandon it if the judge is a great white shark, but then confess that the judge is denying you due process of law. This can be entered at the beginning also, if you know the judge is a great white shark.

And let the record so show the Constitution of the United States and the Laws which shall be made pursuant thereof is not the rule of law in this court and further let the record so show that this court is in want of a public officer of the State of Alaska and that I do not consent to anyone impersonating a public officer or to any court not a court arising under the authority and Law of the Constitution of the United States and the Constitution of the State of Alaska.

1. QUESTION BY JUDGE: Do you have copy of the Complaint?

ANSWER: Sir, I have a piece of paper, but as I am without Assistance of Counsel, and as I am not learned in the Law and I believe you are attempting to establish probable cause, and as anything I say may be used against me, I decline to answer until Assistance of Counsel can be obtained as secured in the Sixth Amendment.

2. QUESTION BY JUDGE: Is your name spelled correctly on the Complaint?

ANSWER: Sir, this name looks similar to my true name, but it isn’t spelled correctly and without Assistance of Counsel as secured in the Sixth Amendment, I decline to answer.

3. QUESTION BY JUDGE: Is your date of birth correct?

ANSWER: Sir, I was present when I was born, but I was too young to remember and I am without any first hand knowledge of the date, and without Assistance of Counsel, I decline to answer.

When they want you to Plea – do not use the word “PLEA”. Stick to be answer below!

If the judge enters a Plea for you, Object and Deny his Plea and REstate the following below again

YOUR ANSWER IS: Let the record so show that the accused is INNOCENT!

When the ATTORNEY question arises – Stick to Demanding ASSISTANCE OF COUNSEL – DO NOT GET FOOLED BY JUST THE WORD “COUNSEL” OR “LAWYER” OR “ATTORNEY.”

QUESTION 1 BY JUDGE: Do you want an attorney?

FOLLOWUP QUESTION BY JUDGE: Would you like a public defender?

YOUR ANSWER IS: My Right of Assistance of Counsel is secured in the sixth Amendment and I demand nothing less than this Assistance of Counsel.

NOTE: If for some reason you end up getting a public defender, demand that they sign the Assistance of Counsel contract. See reasons above.

If you have a public defender or lawyer, toss this into the trash, then plea bargain and proceed to jail and do not call me.

ALTERNATE ANSWER if required

I have met with Mr. Dumass Attorney at 555 South Any Street in Palmer with a phone number of 555-2400 on and he refused to provide Assistance of Counsel and to sign this Contract to represent me only in a lawful court of justice and only defend my constitutionally secured rights.

If the situation arises or if I choose to enter into the discussion on Assistance of Counsel

I have entered into a contract with John Smart Doe for co-counsel and limited assistance of counsel until someone learned in the law will sign the assistance of counsel contract. I am entering a copy of this contract with John Smart Doe into the court for the record and copy of the full assistance of counsel contract.

VIDEO QUESTIONS – START WITH A. OR B. “A” is the reason to ask the magistrate questions as it states it in the video.

QUESTION BY JUDGE: Did you understand the your rights as presented in the Video?

A. START HERE I do not understand this VIDEO, I did not understand the rights presented and I have many Questions to ASK you as it stated!

This video represents that I have a right to a “speedy and public trial within 120 days from the date you are served with the charging document.” The 120 days scenario is repeated again in the copyrighted Alaska Rules of Court in Criminal Rule 45 “(b) Speedy Trial Time Limits. A defendant charged with a felony, a misdemeanor, or a violation shall be tried within 120 days from the time set forth in paragraph (c) of this rule.”

IF THE JUDGE DOESN’T WANT TO ANSWER THE QUESTIONS , USE THIS.

B. ALTERNATE - START HERE Contained in this Statewide Arraignment video is the following:

“It is very important that you understand all the rights and responsibilities which have been explained to you. If you have any questions, you should ask the judge the questions when your case is called.”

THEN BACK TO “A” AGAIN – DO NOT LET HIM OFF THE HOOK AS IT STATES IT IN THE VIDEO THAT HE WILL ANSWER THE QUESTIONS WHEN YOUR CASE IS CALLED.

Note: The following question is extremely important to trap the judge into lying to you in open court on the record and to impeach the video “rights” BS. USE IT!.

THEN ASK THIS QUESTION: Is this 120 days my Constitutionally secured right to a speedy Trial?

Wait for Judge to respond. Either way you have him!

If he says Yes, go to A.

If he says NO, go to B.

C. Both of these statements are not true and are NOT determinative of my constitutional secured rights to a speedy trial.

In State of Alaska v. Jeske, 823 P2d 6 (1991) the Supreme Court of Alaska Stated the following and I quote - “The Alaska Supreme Court replied that a defendant's rights under Rule 45 were not constitutional or fundamental rights,”

Sir are you lying to me?

NOTE: Do not get arrogant, but remain firm. When you get this opening use it to your full advantage to discredit the video and the judge. THINK – you are shocked to find out that the judge and the video are not telling the truth. Do not ever shout or threaten anyone in court!

I have never been threatened with contempt of court.

B. If this isn’t my Constitutionally secured right to a speedy trial, then what you doing? Why present this 120 days when you know that is a GRAND LIE? Let the record so show that you sir are knowingly, willingly and intentionally depriving me of my Constitutionally secured rights in the Bill of Rights to Due Process of Law. And further let the record so show that you are presiding in a statutory non-constitutional court and I demand a court is which the Constitution of the United States and the Laws made pursuant thereof is the Rule of Law.

If you need more ammo on SPEEDY TRIAL or he will let you continue to talk – SEE BELOW

OR ASK THE JUDGE THIS

I still do not understand the Video or the rights presented and have many QUESTIONS and I would LIKE to submit them in WRITING to you SIR for your written answers and these charges are very serious. I am not going to waive any of my Constitutionally secured rights in this court unless on the record and done intentionally and knowingly.

Then if the judge lets you continue or you need more ammo, use this!

Criminal Rule 16(a) Scope of Discovery. In order to provide adequate information for informed pleas, expedite trial, minimize surprise, afford opportunity for effective cross-examination, and meet the requirements of due process, discovery prior to trial should be as full and free as possible consistent with protection of persons, effective law enforcement, and the adversary system.

The right to Due Process of Law and all inculpatory and exculpatory evidence secured in the fourth, fifth and sixth Amendments are mandated by the Supreme Court of the United States in Strickler v. Greene, 527 U.S. 263, 280, 281(1999); to wit:

NOTE: You probably will never get to use all of this, but you can pick as choose as required for other hearings also when the state is blocking giving you discovery.

In Brady this Court held "that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or [***33] bad faith of the prosecution." Brady v. Maryland, 373 U.S. at 87. We have since held that the duty to disclose such evidence is applicable even though there has been no request by the accused, United States v. Agurs, 427 U.S. 97, 107, 49 L. Ed. 2d 342, 96 S. Ct. 2392 (1976), and that the duty encompasses impeachment evidence as well as exculpatory evidence, United States v. Bagley, 473 U.S. 667, 676, 87 L. Ed. 2d 481, 105 S. Ct. 3375 (1985). Such evidence is material "if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." Id. at 682; see also Kyles v. Whitley, 514 U.S. 419, 433-434, 131 L. Ed. 2d 490, 115 S. Ct. 1555 (1995). Moreover, the rule encompasses evidence "known only to police [*281] investigators and not to the prosecutor." Id. at 438. In order to comply with Brady, therefore, "the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in this case, including the police." Kyles, 514 U.S. at 437. [Emphasis added]

Again the Alaska Rules of Court in the scope of Criminal Rule 16 is attempting by court rules to abrogate or limit the right to all evidence from any source, exclude impeachment evidence, claim evidence not in our control exemptions, protect law enforcement, protect the adversary system, and more.

Right to Assistance of Counsel

I have an absolute right to assistance of counsel of MY CHOICE as secured in the sixth Amendment and I can not proceed without Assistance of Counsel.

[If the judge gives you trouble here – state the following:]

Assistance of Counsel

Let the record so show that Magistrate ___________________ is knowingly, willing, and intentionally depriving me of my constitutionally secured right to have assistance of counsel of my choice in the sixth amendment of the Bill of Rights of the Constitution of the United States.

Due Process of Law

Let the record so show that Magistrate ___________________ is knowingly, willing, and intentionally depriving me of my constitutionally secured rights of Due Process of Law in the of the Bill of Rights of the Constitution of the United States.

Alternate Direct ATTACK upon the magistrate or judge to use if your get into a verbal statement on the his AUTHORITY OR QUALIFICATIONS.

1. Sir, You have no Oath of Office as a public officer to the Constitution of the United States as mandated in Article VI of the Constitution of the United States, 1 Stat 23 and Article XII Section 5 of the Constitution of the United States on record in a public forum.

2. Sir, You have no Civil Commission wherein you are authorized and empowered to enter into a public office signed and sealed by the Governor of the State of Alaska on record in a pubic forum,

3. You have no Official Bond on record in a public forum, but only are covered by an Employee Dishonesty bond as found in Administrative Rule 34 and not a required by ©AS 39. 15 et seq.’