JAILer-In-Chief Arrests Cop In Court
- Hawaii JAILer-In-Chief Arrests CopHi JAILers! What can I do? Yes, I was wearing my J4J t-shirt in court, as usual.
What to do about the judge who ignores all my motions and pleadings, and acts like standby counsel for the prosecutor, litigating and legislating
from the bench? She is violating the Judicial Canons left and right again last week. I have moved twice for her to recuse herself, but she won't hear my motions on that or anything else ......[A]t that hearing last week, I did a citizens arrest of the cop and dog
catcher who filed false charges against me. This of course surprised
everyone, and made the guards rush around me as I continued to announce to the judge that pursuant to law I had arrested them in open court with a signed sworn certificate and the judge is hereby required to arraign them etc. Judge Loo then hit the ceiling, said I can't do that, and that I am on VERY dangerous ground, and adjourned court.I saw a uniformed cop in the back of the court watching it all, so I immediately approached him with my signed sworn certificate of Citizens' Arrest and asked him to take the two criminals into custody pursuant to law, and he very angrily refused .... His name is Sergeant Wendel Loo. I then asked him if he was related to the judge ... and he hostilely said "No," and left the room. Later I found out he is married to the judge. He lied!More and more evidence shows there was and there is a conspiracy by cops, prosecutor, and judge. She is also a judge recently appointed from the Prosecutor's Office! She is a black robed prosecutor!She is conflicted, incompetent, biased, vindictive, and a tyrant! She
takes pleasure in blocking justice in my case when it is clear the
prosecutor is losing! I asked her to continue my witnesses so I don't have to subpoena them again since she is causing this newest delay and she said she is not convinced they were properly subpoenaed. What?She then refused to look at my return of services etc (I subpoenaed several cops and deputy prosecutors and mayor etc, most of them did not show up, again), and she refused to issue warrants for arrest of those who did not show up. Only little people get arrested for failing to show up when subpoenaed! You got any ideas about this?
Aloha, George Peabody, Molokai HawaiiHI. JAILer-In-Chief
Response from Ron.It is my legal understanding that anyone can make a Citizens' Arrest of anyone they believe has committed a violation of a criminal statute. Under Fourth Amendment requirements, they must then bring them before a magistrate for a probable cause determination of that arrest (not an arraignment, as is often confused with the Fourth Amendment P.C. process.) To perform the duty of bringing the arrestee before the magistrate, the Arresting Citizen may call upon any law enforcement officer, whether police, sheriff, or any other law enforcement officer, and that officer is duty-bound under statute to transport that arrestee to a magistrate. There is no discretion whatsoever on the part of that officer as he is not the arrestor, but merely a transporting officer. Failure to perform this duty is itself criminal, just as if the officer interfered with the Citizen's Arrest.If one thinks about it, a Citizen's Arrest is foundational to the fundamental right of arrest, to wit, the police powers to arrest is merely a statutory privileged extension of the Citizens' Right to Arrest just as an attorney's privilege to represent one in court arises out of the client or defendant. In other words, a Citizen has a fundamental right to arrest, but the police only have a statutory privilege. Take away the statute, and the police, acting as police, could arrest no one. Of course, as Citizens, and not police, they could still make a Citizen's Arrest just as any other person.While a judge or senior officer may forbid an inferior officer from making a statutory arrest, no judge or officer can say that a Citizen cannot conduct a Citizen's Arrest, as it is a fundamental right.Conclusion - Any Citizen may arrest a judge off the bench so long as they can establish it by probable cause supported by an oath or affirmation, setting forth the particulars of the basis in support of that arrest. No one may interfere with that arrest without themselves committing a crime. They may turn that judge over to the bailiff, who is duty-bound to take that judge before a magistrate, (i.e, before one of the judge's buddies deserving of recusing himself.) Of course, one would likely find that they would have to also arrest the bailiff for either interfering or refusing to perform a statutory duty. Boy, think of the publicity this would cause if commonly practiced in America.-Ron-