Author
PirateNews.org
Rare telephone conversation of prosecutor Larry Holden dismissing traffic ticket case, with costs paid by the State.
Pirate News WINS again in traffic court!
Blount County district attorney dismisses prosecution nolo prosequi, rather than face a grand jury on May 1 with a 5mph traffic ticket. John Lee WON'T be arrested and jailed during elections on May 2, when his brother is viciously campaigning for Knox County judge.
by John Lee
DealsGapDragon.com
PirateNews.org
April 25, 2006
The Blount County district attorney has dismissed its prosecution of John Lee, for the non-crime of safely rolling through a stop sign and not causing a crash.
All traffic citations charged under state statute are allegedly Class C misdemeanors, with up to $50 fine (plus $200 court costs), and up to 30 days in jail, not counting DUI, reckless driving, vehicular assault and vehicular homicide.
This case was defended pro se (without a lawyer). Lee was offered a "free" court-appointed lawyer, which costs defendants up to hundreds of dollars in "administrative fees". These de facto fees by Tennessee legislature subvert the US Supreme Court case of Gideon vs Wainwright, the pro se case that resulted in every American granted a free lawyer in criminal trials. Lee turned down that offer, which conflicted with Lee's motion for "advisory counsel only". Public defenders are generally only capable of pleading clients guilty, rather than a spirited defense.
Lee's legal defense included Constitutional challenges to Tennessee Code and Tennessee Rules of Criminal Procedure. Had the case gone to the Tennessee Courts of Appeal, legal precedent may have been set to overturn millions of "convictions" for traffic citation in Tennessee.
There is a major scam in Tennessee courts, where judges fraudulently claim traffic citations use Tennessee Rules of Criminal Procedure, when in fact they must use Rules of Civil Procedure, which is entirely different. This results in denial of Due Process, by making it impossible for defendants to know the correct rules of court. For example, it is impossible to "plead guilty" or "innocent" in civil trials, and its is impossible to go to jail in civil trials (except for civil contempt for inability to pay a debt).
Criminal charges were filed by John Lee against the deputy sheriff, after his in-car video failed to show Lee's vehicle committing any breach of contract, but did show the deputy's vehicle perp multiple crimes, including crossing a double yellow line in a dangerous curve, and speeding 31mph above the posted speed limit in a residential zone.
Lee also filed criminal charges against the Blount County court clerks, who illegally refuse to issue supoenas for all defendants, and illegally deny mandatory access to audio tape recordings of preliminary hearings in sessions court.
Lee performed an audit of Blount County court docket, which indicated discrepancies in the number of traffic tickets of the sheriff's blotter, versus the number of tickets on the clerk's docket. This indicated racketeering and organized crime perped by the sheriff's dept and court clerks, aka "ticket fixing" and embezzlement.
Lee's case was scheduled for bind over to Blount County grand jury on May 1, after a preliminary hearing in sessions court allegedly found probable cause for bind over. The "burden of proof" in criminal cases is a mere 50.01%, which is merely an unsubstantiated accusation.
Blount County ADA Larry Holden called on April 24, to announce no- notice ex parte hearing in General Sessions court, on the prosecution's motion to dismiss with prejudice, with court costs paid by the State. When asked the reason for the dismissal, Holden replied "that it serves no interest for The People to pursue this case".
Watch this space for postings of hearings transcripts and court orders...
This same county named Interstate I-140 for convicted hit-and-run killer and crack cocaine kingpin, Senator Carl Koella, resulting in a million-man boycott of Tennessee.
http://geocities.com/american_motorcycle_association/koella.html
LIST OF COURT DOCUMENTS FILED IN BLOUNT COUNTY SESSIONS COURT
TRAFFIC CITATION DEFENSE
HISTORIC FIRST SUBPOENA EVER FILED BY DEFENDANT (2006)
CRIMINAL CHARGES FILED AGAINST CIRCUIT COURT CLERK
CRIMINAL CHARGES FILED AGAINST DEPUTY FOR DRAG RACING, RECKLESS DRIVING, SPEEDING, CROSSING A DOUBLE YELLOW LINE, RUNNING A STOP SIGN, AND OTHER CRIMES
Subpoena Decus Tecum for Deputy Josh Antras and In-Car Video
http://DealsGapDragon.com/state-v-lee-bcgsc-subpoena-decus-tecum.html
Answer to Complaint - MUST be filed PRIOR to appearance in court!
http://DealsGapDragon.com/state-v-lee-bcgsc-answer-to-complaint.html
Motion to Suppress Defendant's Statement - MUST be filed to get discovery
http://DealsGapDragon.com/state-v-lee-bcgsc-motion-to-suppress.html
Brady Memorandum of Law for discovery
http://DealsGapDragon.com/state-v-lee-bcgsc-brady-memo.html
Jenks Brief for discovery
http://DealsGapDragon.com/state-v-lee-bcgsc-jencks-brief.html
Jenks Memorandum of Law for discovery
http://DealsGapDragon.com/state-v-lee-bcgsc-jencks-memo.html
SCREENSHOT OF POLICE IN-CAR VIDEO:
http://DealsGapDragon.com/bcsd-copster-guilty-of-speeding-in-30mph-zone…
Blount County deputy illegally speeding in a 30mph zone (reckless driving)
No Emergency Lights displayed nor Siren warning as required by law
This high-speed "chase" of a 30mph vehicle lasted 15 seconds
Class C or Class B misdemeanors allow immediate arrest of copsters Copsters can be arrested by: Grand Jury indictment, Judicial Commissioner warrant, or Citizen's Arrest
NOTE THE GPS TRACKING FOR:
GPS TAXATION BY THE MILE AND GPS SPEEDING TICKETS BY MAIL
Free video download: American Autobahn
http://americanautobahn.com
As seen on History Channel TV at a LEGAL 212mph on a public highway. Discussion of the Montana Autobahn in USA. Interview with Mark Rask, author of American Autobahn. Legal commentary on voluntary driver license contracts. Soundtrack includes Kraftwork's "Autobahn", DJ Visage's "Formula" (The Michael Schumacher Techno Song) and Bottle Rockets' "R.A.D.A.R. Gun". Produced by Pirate News TV, winner "Best Music Video" at Los Angeles Music Awards in 2005. View and save file with Windows Media Player. If video hosting at Radio.Indymedia.org is overloaded due to high-volume of traffic, then try again later, or watch monthly reruns of Modern Marvels: The Autobahn on History Channel.
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Knoxville Tennessee