Monday, April 26, 2010

Charges are Dismissed without Prejudice for failure to comply with the Speedy Trial Act

Charges are Dismissed without Prejudice for failure to comply with the Speedy Trial Act  (Case #4:09-cr-00659-CDP).

This in effect denies me my day in court and relieves the Federal Government of any liability, although I am disputing the denial of liability.

This was a violation of my Civil Rights per the US Supreme Court, United States of America, Appellee, v. Russell Kelner, Appellant, United States Court of Appeals, Second Circuit. - 534 F.2d 1020 Argued Oct. 29, 1975.Decided April 9, 1976, “The purpose and effect of the Watts constitutionally-limited definition of the term "threat" is to insure that only unequivocal, unconditional and specific expressions of intention immediately to inflict injury may be punished only such threats, in short, as are of the same nature as those threats which are, as Judge Wright recognizes, "properly punished every day under statutes prohibiting extortion, blackmail and assault without consideration of First Amendment issues." Watts v. United States, 394 U.S. 705 (1969), supra. The Watts requirement of proof of a "true threat," it may be seen, works ultimately to much the same purpose and effect as would a requirement of proof of specific intent to execute the threat because both requirements focus on threats which are so unambiguous and have such immediacy that they convincingly express an intention of being carried out.

I spent 411 day in federal custody denied my liberty and basic human rights, subject to the humiliation and intimidation of County Jail incarceration. 

I was released in the dark of night 24 miles from the site where I had been arrested in homeless shelter on to the streets of down town St. Charles Missouri in the rain, penniless and wearing prison clothing

Mr. President we have a problem