Location of the internal checkpoint where Anderson was arrested
IPFS
UPDATED: Steven Anderson's Dismissal Hearing
Written by Powell Gammill Subject: Arizona's Top NewsThis has been updated for clarity and detail now that I have spoken
with Defense Attorney Marc Victor. This is still just the first part
which deals with the hearing, not our problems with Yuma government
which are not part of this case.
I am going to post this in two parts: The first part here will be regarding the dismissal hearing, the second part will be our interactions with the courthouse, Yuma PD and the Border Patrol -- which had nothing to do with Steven Anderson, except we were there to observe his case. I had wanted to get some quotes but nobody's talking. I hope to get some more specific info on the hearing and post as an update since the hearing was videotaped by the court. I am waiting for the video from the hearing to arrive from the court.
Background: Pastor Steven Anderson exercised his Rights back in April at an unlawful permanent federal government internal security checkpoint in April and was electrocuted, beaten up and arrested for his trouble. He had a hearing in Yuma to dismiss his two charges -- failure to obey and apparently stopping his car at a federal law enforcement roadblock (which is a felony if you don't stop) -- which was quite illuminating.
The trial was originally to be held at the Justice Court in the town of Wellton near where the arrest took place. But the judge, Cora Romine, had recused herself in June for reasons not stated. That presumably meant she believed that she could not be impartial or that there were circumstances that could make it appear that she might not be impartial or for any other reason she could not handle this case. So she did the honorable and ethical act and withdrew from the case. [My speculation: While the reasons are unknown, presumably she either has a family member who was or is in the Border Patrol, or whom was affected by the checkpoints. She does not know Pastor Anderson. But there are many other reasons for a judge to recuse themselves from a particular case.]
I am going to post this in two parts: The first part here will be regarding the dismissal hearing, the second part will be our interactions with the courthouse, Yuma PD and the Border Patrol -- which had nothing to do with Steven Anderson, except we were there to observe his case. I had wanted to get some quotes but nobody's talking. I hope to get some more specific info on the hearing and post as an update since the hearing was videotaped by the court. I am waiting for the video from the hearing to arrive from the court.
Background: Pastor Steven Anderson exercised his Rights back in April at an unlawful permanent federal government internal security checkpoint in April and was electrocuted, beaten up and arrested for his trouble. He had a hearing in Yuma to dismiss his two charges -- failure to obey and apparently stopping his car at a federal law enforcement roadblock (which is a felony if you don't stop) -- which was quite illuminating.
The trial was originally to be held at the Justice Court in the town of Wellton near where the arrest took place. But the judge, Cora Romine, had recused herself in June for reasons not stated. That presumably meant she believed that she could not be impartial or that there were circumstances that could make it appear that she might not be impartial or for any other reason she could not handle this case. So she did the honorable and ethical act and withdrew from the case. [My speculation: While the reasons are unknown, presumably she either has a family member who was or is in the Border Patrol, or whom was affected by the checkpoints. She does not know Pastor Anderson. But there are many other reasons for a judge to recuse themselves from a particular case.]
So the hearing began at 10 AM, August 5, 2009 in the Yuma Justice Court
(Dist. 1).
The Honorable Justice Yolanda V. Torok presiding.
Prosecutor William Katz, Deputy County Attorney representing the State (Wellton District?)
Defense Attorney Marc J. Victor [note redesigned website]
This was a hearing requested by the defense to dismiss both charges
brought against Pastor Anderson. The court initially spent a bit
of time getting the case designation clarified. Judge Torok
seemed pleased she was getting a 4th Amendment case --- a little
variety? The prosecutor was angry that the case was transferred from Wellton to
Yuma, and seemed incapable of understanding the jurisdiction had not
been changed even though the location had been. He objected to Judge
Romine's recusal and wanted it transferred back to Wellton's
jurisdiction. He would not accept that the jurisdiction had not
changed, just because it had been moved down the road to another
judge's courtroom. He cited a case in which a judge who had recused
themselves was reversed because their reason given for recusal was not
good enough and not handled in a timely manner. Well, Judge Romine
recused herself before June 26th, here it was August 5th... seems
timely. She did not state any reason -- nor is she required to -- so
there is nothing to hang onto here.
The prosecutor had also filed a form 10.2 the prior week requesting a different judge than had been re-assigned to the case --- which was presiding Judge David F. Cooper. Judge Cooper agreed to the request and Judge Torok was now assigned to the case.
The prosecutor objected to the case number -- which was in error -- in order to get a continuance. Judge Cooper who was sitting in the audience interjected as a friend of the court, what the correct case number should be.
The prosecutor sought a special action to delay the hearing which was denied.
The prosecutor tried for a continuance to September by objecting that Judge Torok had not studied the case and the arguments well enough to understand and rule on a dismissal hearing. Marc Victor countered that he and the defendant had traveled a good distance to be here for this scheduled hearing as well as the five Border Patrol officers and were prepared for the hearing to go into the afternoon. He suggested the dismissal documents were not that long and she could break for now to study them and come back later in the afternoon to continue. When Judge Torok said she already had items on her calender that afternoon, Judge Cooper offered as a friend of the court to take her calender for the afternoon so they could have the hearing.
So the hearing was scheduled for 1PM.
The prosecutor filed a form 10.1 petition nine minutes before the hearing would resume for Judge Torok to be removed from the case for cause. Reason: Because Judge Cooper was orchestrating from the back of the courtroom. Mr. Katz so certified under affidavit. Since he has accused a judge of impropriety, or at least of losing control of her courtroom, she needs to get a non-involved judge to rule on the matter.
What I find interesting in the motion is the statement under oath that the motion is being "made on a good-faith basis and not intended to delay the present proceedings." Hogwash! Katz spent the entire proceeding trying to get it delayed into a continuance. This was his last gambit. And a nasty one it is. Jon R. Smith must be so proud of the working relationship his subordinates are fostering with the judiciary.
That hearing will take place in Wellton Justice Court on August 21 at 2PM.
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8 Comments in Response to UPDATED: Steven Anderson's Dismissal Hearing
If I were Pastor Anderson I would visit teamlaw.org and start my own self education of the law. How can he ever know if the lawyer did the right thing if he himself does not know the law? It is impossible. That is why God has commanded us to study the law every night. If it were me going to court I would file a Notice of Foreign Law noticing the court of a foreign jurisdiction and conflicting laws. Otherwise the court uses the law common to its forum, which are its corporate statutes and assumes jurisdiction. In any general appearance the court assumes jurisdiction over the case. The proper way to remove the criminal police officers and get civil penalties for the tespasses against his liberty is with a writ of quo warranto. Caveat: This information is for educational purposes only and should never be taken as legal advice. This is only what I would do if I were in the same situation.
Thank you.....but I doubt somebody like Powell, who enjoys his freedom because of the blood and sweat of others, could ever contomplate the idea of objectivity since he can't even say "thank you" for the freedoms he enjoys as is. You know the freedom the Nazi Gestapos take away by simply asking if you are a US citizen.
yes.... the coward pastor, who has a history of this type of behavior got more than he bargained for when he arrived at the Yuma checkpoint.... at the New Mexico checkpoint after 20 minutes they let him pass without incident.... but it appears that the Yuma BP and DPS take their jobs seriously ... because afterall these checkpoints which are legal, are set up to keep out the kind of people out of our country that would like to kill innocent americans ..and they will use all sorts of tactics, maybe even to pass through as an american citizen , maybe as even a pastor... to allow some fool to pass just because he is causing a scene and throwing a tantrum is not doing their jobs.... funny how pastor clown tool offense to their ridicule of his arrest....yet all that he and his immigrant wife have been doing at their church web site is ...ridiculing and poking fun at BP and DPS.... this clown needs to spend a few days in jail !! i can hardly wait for the day that i get to read at this site, about his conviction....
powell!! is there any chance that we can read your articles without your opinions? is it possible for you to not report the news and include your views? i doubt it but it doesnt hurt to ask !!
Personally I think that Anderson went to that checkpoint looking for a fight. Those Border Control cops gave him a fight. And now he is acting like a martyr when in actuality he deserved it. You can preach 4th Amend. all you want truth is the founding father would taze him if he acted like that toward them.
Prosecutor Katz was heard saying "duh judge i though you was gonna slam your little hammer thing and throw dis bad guy in jail but now i gots to run home and ask my mommy what to do, no fair, no fair, i want my money back". Unfortunately we have no audio document of this at this time.
Yuma is a huge farming community. But you are correct, if crude, that a huge percentage of the population either works for or retired from the governments, or works to directly support the governments. Based upon the decay I saw, the community's economy is failing.
Has anyone been to “YUMA” Arizona, (a native American word for "where the dogs defecate and then sleep in it") lately?? The entire community is fueled by the Border Patrol, Military, Federal, State, County and City "Pirates" (that's the new term – google 4409 Pirate Fraud, Arrrrgh!!) and exist in a surreal, police-community where 'the HEAT' conduct themselves with total disregard of the US Constitution. I don't recommend A N Y O N E going there, EVER!!
We are coming for you, Our Beloved 4th Amendment R I G H T AGAINST ILLEGAL SEARCH AND SEIZURE!!!
We will NOT forget your illegal captivity and corrupt deployment of continuous harassment by a lack-luster crowd of thugs who suckle their government jobs like baby Jackal pups leeching on a diseased mother.
We will NOT stand down and comply while a “legion of goons” seeks to shackle your tender and supple GIFT with their tyrannical worship of cronyism.
We will gladly DIE for you, our beloved 4th Amendment R I G H T, and will seek to ignite the pure fuel of righteousness that lies dormant in every American, EVEN if they don't want us to.
WE WILL NOT LEAVE YOU BEHIND, 4th Amendment R I G H T, NOT NOW...NOT EVER!!!
“Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!” Isaiah 5:20
Ah yes, I had a great time attending the fiasco of a Kangaroo court in Yuma County Arizona. In this government town, there are 2 classes of people those who are in bed with the government and those that are not. I understand that in this town 60-80% of the people employed are receiving money STOLEN by the government for their pay. It is interesting to note how you are innocent until proven guilty yet at EVERY step of the way the government has the upper hand in the court proceedings. This is exactly why the founding fathers wanted to give the advantage to the defendant. The "Court" is by the government, of the government and for the government. And we wonder why there is NO justice. The answer is simple. When the people wake up to the fact we surround them and we supply them with the means to being our parasite then it will end.