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Update #14 - August 31, 2004: |
Overview:This is an update on the unlawful multi-jurisdictional roadblock that took place on Arizona SR86 on December 20, 2002. Over the past several months, I've given the web site a face lift and added additional documentation and pertinent links. For quick reference, I've included links to the most recently added documentation below:
Discussion:Shortly after sending out the previous update, my attorney received a copy of a 'joint motion to dismiss' from Paul K. Charlton and Gerald S. Franks - the U.S. Attorney's defending the TOPD. The conclusion from this motion reads as follows:
In essence the U.S. Attorney's office is claiming that regardless of what unlawful actions the TOPD officers committed against me at this unconstitutional roadblock, they are immune from prosecution due to their status as Tohono O'odham police officers AND federal agents working under contract with the Bureau of Indian Affairs. It should chill every individual to the bone to realize what the federal government is advocating for in this motion. That there is no trespass a federal agent can commit against an individual and be held accountable through the courts for that trespass. While such a condition is commonplace in third world dictatorships - it has no legitimate place in a Constitutional Republic such as ours. Indeed, such a condition represents a fundamental usurpation of the limitations imposed on federal powers by the Constitution. If federal agents cannot be held directly accountable for their misdeeds - the rest of us become little more than slaves to the collective will of an unconstrained federal government. In David Euchners' response to the government's motion, he summarizes as follows:
In our response to the motion to dismiss, David points out that the United States has improperly removed the lawsuit from Arizona's Superior Court and substituted itself as the defendant on behalf of the TOPD. The basis for this is that any contract the TOPD has with the Bureau of Indian Affairs cannot legitimately grant authority to the TOPD to enforce Arizona State law. Since the BIA does not possess this power to begin with - it cannot possibly be transferred to the TOPD via a contract. Consequently, only the State of Arizona can empower the TOPD to enforce Arizona law which was done in this case through certifications granted to TOPD officers by the Arizona Peace Officer Standards and Training Board. As such - the proper venue for this case is the Arizona court system and not the federal courts. Further - any claim that tribal sovereignty applies fade away once it's understood that this incident occurred on Arizona property, S.R. 86, not tribal land. As such the defendants were clearly acting as Arizona Peace Officers and consequently can and should be held accountable for their actions in an Arizona courtroom. I would encourage everyone to read the motions for themselves. They are very instructive. On a slightly different note, I also find it instructive to list the government entities that have played a role in this incident over the past 20 months. I have tried to list them in the order they have played a role:
How is it that so many agencies are involved in what was allegedly a simple 'public safety checkpoint'? If I was to list all the individuals who have been involved from these various agencies - it would be a very long list indeed. When things become so convoluted as to involve so many competing interests - how is it possible for due process or justice to ever be served? What legitimate concerns are not being addressed by a government that appears to be more interested in protecting the misdeeds of government agents than in "preserving, protecting, and defending"? This roadblock incident continues to be an eye opener for me. It began nearly two years ago - seemingly a case of misconduct by a few police officers taking liberties with their authority, namely mine. As I have pursued justice and accountability though the legal system, I'm instead finding entrenched agencies that bend over backwards to protect their own while ignoring the most basic principles for which they were created. What direction this latest twist will take remains unknown. I do hope however that the documentation I continue to make available can assist others who find themselves in similar circumstances. Terry |