Posted on 10/15/2002 5:12:15 AM PDT by madfly
GRANTS PASS, OR. -- Sixty-five year old Ray Karczewski, a retired police sergeant from Pacifica, California, whose wife of 43 years describes him as "steadfast in what he does" and "very focused" is in the Josephine County, Oregon jail because of his constitutional beliefs.
On September 5, 2002, Mr. Karczewski was stopped for a minor traffic violation. His violation? He failed to dim his high beam headlights. When the officer asked Mr. Karczewski for his driver's license (and other documents which he had), Mr. Karczewski replied, "I don't need a license for private purposes on a public road, in a private vehicle." Then a series of escalating events took place that ultimately led to his arrest in the courthouse hallway.
On September 12, 2002, Mr. Karczewski appeared in court with his wife and numerous witnesses, including myself, who just happened to be there. Mr. Karczewski's case was the last one called. After reading the charges, Judge Allen H. Coon asked Mr. Karczewski to enter a plea of 'guilty' or 'not guilty'. While remaining seated in the gallery, Mr. Karczewski informed the judge that the judge's jurisdiction over this matter was being formally challenged and then had the court bailiff deliver to the judge the appropriate papers with the stated allegation. The judge ignored the papers and then proceeded to inform Mr. Karczewski that if there was a question of identity, and according to Mr. Karczewski that person was not here, then he (the judge) would issue a bench warrant for failure to appear to the person to whom the original charges were directed. Then the judge abruptly got up and left the courtroom. We all left the courtroom and stopped at the courthouse water fountain.
On Judge Coon's orders, and in front of numerous witnesses, including myself, Mr. Karczewski was arrested and handcuffed by Corporal John Justema and Deputy Malin, without having his Rights read to him, and not answering Mr. Karczewski's question "in whose name is the warrant issued." Mr. Karczewski was then taken to the county jail. What makes this case so weird is that Judge Coon had Mr. Karczewski arrested for NOT appearing in court when Mr. Karczewski WAS there in front of Judge Coon AND numerous witnesses.
Due to this injustice, Mr. Karczewski, being a man of principle with steadfast beliefs decided to go on a hunger strike. Today marks his 33rd day. Local media, the Grants Pass Daily Courier, kept silent on Karczewski's hunger strike. Due to pressure from concerned family, friends and citizens, the Courier finally ran their first article on Wednesday, October 9, 2002, 28 days into the hunger strike.
Anita, Mr. Karczewski's wife, released the following statement from her husband:
"According to the law, when the court is challenged to prove jurisdiction, the court must do so in writing... Until then no proceeding may continue... The question Americans who value their freedom must ask themselves is do we or do we not live under the Constitution. When the court can make up their own rules as they go along and pay no heed to the Constitution, we live in a lawless land."
On the 10th of October judge Coon allowed, for the first time, to have Mr. Karczewski address the court with his legal issues and asked Mr. Karczewski to produce case law, which he did, to see if they had merit. At Mr. Karczewski's last hearing he supplied case law to the judge who promised to read them.
The judge said he wanted to accommodate the state with conditional release papers, which Mr. Karczewski refuses to sign, stating he refuses to do anything until written proof of jurisdiction is established, which the judge refuses to do. According to Karczewski's wife, they'll either let him out of jail or he'll take the hunger strike to its ultimate conclusion.
Judge Coon said he didn't understand Mr. Karczewsk's legal issues, then imposed public defender, attorney Peter Smith, on Mr. Karczewski against Mr. Karczewsk's wishes. According to the Courier Judge Coon wanted Attorney Smith to gain an opinion on Mr. Karczewski's mental stability. The judge was quoted as saying, "I still have some concerns about the defendants mental health...the defendant has some ideas which are different...I don't have a problem with ideas that are different, so long as those differences are the product of a healthy mind."
This situation, spotlighting the close relationship between Josephine County's Mental Health and the court system, is a frightening specter. If a judge can order a psychological evaluation on a person for being different, then we are all in danger because we are all different. This is extremely alarming. Is this why $28 million is being spent on mental health in Josephine County, with a population of only 80,000?
This sets a dangerous precedence. The same philosophy was practiced within the Third Reich. Adolph Hitler had people incarcerated under mental health simply for holding an opposing view. The Soviet Union used mental health to control dissidents and political opponents.
Mr. Karczewski, a dedicated police sergeant, took a bullet in the line of duty. Is this the thanks he is receiving from Judge Coon? Former Josephine County, Oregon deputy, Jerry B. Mathel, was caught with a large collection of child pornography, yet he received only probation, dismissed from the force and to my knowledge received no psychological evaluation. This is only one example, there are others to numerous to mention. Is there a double standard here?
Community concern has apparently expedited a trial date of October 15, 2002, at 9:30 AM, at the Josephine County Courthouse, since the Courier published a November 1, 2002 trial date.
On October 14, at 4:15pm I interviewed Anita Karczewski at their home in Cave Junction, OR. where she made the following predictions: "They're going to convict him of something, then release him for time served." Why, I asked: "To save face and avoid proving jurisdiction" replied Anita. Anita can be reached at: anitak@internetcds.com
© 2002 Anita Karczewski, photo by NWV
© 2002 Paul Walter - All Rights Reserved
Constitutionalist blames police for fatal shootout (shooting in Massillon, Ohio) ^
Posted by ResistorSister
On Aug 13 11:48 AM with 722 comments
The Canton Repository (Ohio) ^ | August 13, 2002 | ED BALINT
CANTON — Dwight Class said it didn’t have to end this way for Donald Matthews and the Massillon police officer whom he shot and killed. Class said Patrol Officer Eric Taylor and the other officers and state trooper who were part of a fatal police chase Friday night did not have the authority to pull Matthews over on a traffic stop. Or to pursue and attempt to arrest him. Class attends the meetings on constitutionality that Matthews used to lead before he died in the shootout with police that started with a traffic stop on Route 21 in Doylestown and...
You would be correct. Raymond Karczewski is a well-known net kook who refers to himself as a "Living Christ." He was voted Usenet Kook of the Month in June 2000. Check out his web page for big laffs.
Grants Pass/Josephine County is the promised land for these kooks.
You are wrong about this. The US Supreme Court has repeatedly upheld a state's authority to require that all motorists be licensed, be insured, etc.
Why doesn't the judge simply rule on the jurisdiction issue (in writing) as required by the law instead of questioning the man's mental capacity?
The answer is because this judge (typical of judges across the country) is in command of tremendous hubris that makes him think he is the law himself, not an edjudicator of the law itself. The moral of the story is that if you have a dispute with a judge, even on a strictly legal matter like jurisdiction, then you can wind up being declared mentally incompetent and detained for an indefinite period of time. Don't you think that runs contrary to the letter and spirit of the Constitution?
Mr. Karczewski has the right to believe anything he desires without being mentally challenged. Those so eager to deride the gentleman, should pause, think for a moment about their own beliefs.
The Defendant should take off his tinfoil hat, turn it upside-down, and use it for a bowl. Have a meal and relax.
The Court need only determine that it has jurisdiction. Such ruling is NOT required in writing. Merely proceeding can be the ruling.
As for not producing his license. This old copper should stop surfing the web-pages of the anti-government wackos. There is no exception for producing one's license. He is required to have one, no matter what the purpose is that he is using the public road.
Divine anarchists do not live by bread alone. We see that one of his best-sellers is entitled "Journey Beyond Thought". Henry David Thoreau would give this whiner two thumbs down.
What did you expect visiting a homemade website which touts itself as "New With Views... Where Reality Shatters Illusion"?
However, when you say he "began to abuse the system to further his own agenda" - aren't you indicting the entire idea of civil disobedience? Do you think civil rights activists in the 1960s were wrong to challenge the Jim Crow laws in the same manner?
If the judge can slap this guy down with the law - by answering his question of jurisdiction legally, then that's what he should do. The judge's action in this case appear to justify the defendent's beliefs and his rationale for being a "Divine Anarchist." Many ways of defining an anarchist exist. For example, it can mean that you think all laws should be abolished, or it can mean active resistance and terrorism against the state. But the most innocuous definition of an anarchist is a person who rejects all forms of coercive control and authority. The latter definition appears to fit with this story.
Let me take out the proverbial two-by-four and make this point again. I think the ex-cop was rightfully arrested for not dimming his beams and failing to produce his license. However, when the judge threatens the man by questioning his mental competence, the judge actually plays into the hand of the "divine anarchist" by applying coercive control and authority. The judge had alternatives to the mental health issue (like actually responding to the matter of jurisdiction in writing as prescribed by the law) but appears to be choosing the brutish and arguably unconstitutional method to give this man his comeuppance.
"The freedom of one man living peacefully and cooperatively with others is the key to the freedom of the entire society. Such a change must begin with the individual and flow out like a ripple from a pebble dropped into a pond."
-- Excerpt from "Journey Beyond Thought" by Raymond Karczewski
Heavy, dude!
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