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AUSTIN, TEXAS: Friday, January 17, 2003, Rhett Webster Pease, left the driveway of his home on his way to work. He backed out, turned left down a street which intersects the street where he lives about 20 feet from his driveway. Immediately a Chevy F10 pickup driving in the opposite direction drove directly towards him. His first thought was it was a drunk driver. The driver of the pickup was dressed in a plaid flannel lumberjack shirt, and Pease soon realized when the driver did not veer away, that he was the target of the man, and was about to be rammed. Pease put his truck in reverse, backed across the street and parked in his driveway. At this point he was surrounded by men who wore jackets which bore the word POLICE on the jackets. The men all had guns drawn and pointed at Pease. Pease was told to step out of the truck with his hands up.
Pease turned off his truck, turned off the lights, put his hands up and stepped from the truck. One of the men immediately grabbed him by the shirtfront and pulled, evidently trying to pull Pease to the ground. Instead, Pease's shirt tore, which resulted in a torn shirt and Pease still standing. At this point, Pease was tackled, thrown to the ground and dragged to the sidewalk. There, Pease was grabbed by the hair and his chin slammed into the concrete. One of the men put his booted foot on Pease's head, two more sat on his back. Marshal Jack Dean, evidently the leader of the group, grabbed a cell phone from Pease's hand, and when Dean realized it was a cell phone, not a weapon, Dean kicked the phone down the sidewalk, where it flew into pieces. As the other marshals were handcuffing Pease and placing him in leg irons, Dean kept shouting, Shoot him, shoot him! A young grade school child stood directly in Dean's line of fire, and she ran into the street in terror. It was Pease's observation that most of the marshals were very cold, it was a cold morning, and evidently, they had been hiding behind bushes and trees, exposed to the elements, for quite some time. Pease was thrown into a car and taken to the holding cell in the Federal Court Building, where he was taken before Federal District Judge Sam Sparks.
Pease's crime? Pease had not appeared, as ordered, before Judge Sparks the day before on a civil matter. Pease was, at the time, in a medical emergency clinic and could not attend the hearing. Although Judge Sparks was aware of Pease's plight, he issued an order, not an arrest warrant as prescribed the U.S. Constitution, to have Pease brought before him. When told Pease had a medical emergency, Judge Sparks replied, I don t care.
While waiting in the holding cell, Pease overheard marshals saying that if they had to go to Pease's property again, they would shoot him and be done with it. When Pease was led from the holding cell by Marshal Jack Dean, Dean said to him, I should have shot you this morning when I had the chance. Then this would be ended.
Pease was ordered by Judge Sparks to vacate his house by Wednesday, January 23rd, although due process has not run its course concerning an wrongful foreclosure and in the absence of a Writ of Assistance which is the order for him to vacate. Pease has two choices, either voluntarily give up possession of his home, without benefit of lawful process, as ordered by Judge Sparks, or be shot by U. S. Marshals when they return to seize possession of his home. Will 12600 Limerick Avenue be the next Waco? Will Pease, his wife or one of his three children suffer the same fate as Randy Weaver's family? Where does this end?
BACKGROUND ON THE TAKING
Rhett Webster Pease, one man against the army of the United States Marshalls, the Travis County Sheriffs Department and the Austin Police Department. Egged on and abetted by Federal District Judge Sam Sparks.
Pease has been fighting a wrongful foreclosure suit since 1996, when Principal Residential Mortgage refused to properly credit his payments and then refused to take payment at all, but instead sent his payments back to him. Pease sued in state court for breach of contract in an attempt to make Principal take his money.
A year or so into the case, Pease and Diana Estala Stevens, Principal s Houston attorney, appeared before Judge Paul Davis, a Travis County district judge. After hearing the dispute, Judge Davis said it was a payment misunderstanding, asked Pease if he was willing to pay, Pease assented, asked Stevens how much was due, she answered 4,200.00. Pease promptly wrote a check for the 4,200.00 and Judge Davis informed Ms. Stevens that there would be no attorney s fees asked or awarded. Mr. Pease received the unpresented check back in the mail the next day.
Ms. Stevens went on to fake a foreclosure, in violation of the Federal Fair Debt Collection Practices Act, get summary judgments awarded by Travis County judges, in violation of the written law, force the Peases into an aborted eviction, gained by fraud and in violation of Texas State law and continue to pursue the property, all in violation of the FDCPA. She never once in any court presented evidence that Principal was the owner. Instead, she used the judgment just received in another court as her evidence.
Pease and his wife Janell were arrested on October 1, 1999 for criminal trespass from their own property. They continued in possession, however. Principal fraudulently deeded the property to HUD, in violation of HUD s regulations. Pease has been arrested 4 times, all without warrant, charged with 2 misdemeanor crimes and one felony. Pease has been labeled a terrorist, a member of the Republic of Texas, a fatal label in Texas and one to whom all semblance of justice is denied, although he doesn't even own a weapon and has never committed an act of violence. He has been slandered, libeled, arrested and tortured because he is adamant about doing the right thing. When he turned to the Federal Courts for protection from illegal arrests, Judge Sam Sparks, in the only hearing Pease has ever been afforded, heard testimony from the Austin City attorney, Fred Hawkins, that Pease had indeed been arrested with no warrant and no exigent circumstances. Judge Sparks, in his employment contract, is tasked with protecting state civilian citizens from the abusive powers of state government. Instead, Sparks s order gave encouragement to an overzealous police force who went on to arrest Pease three more times. All without warrant or exigent circumstance.
Currently, Pease is doing battle in Federal District court. The USA on behalf of the Secretary of HUD in December 2001, sued he and his wife for possession of the property. Remember, neither Principal nor HUD has had to show any proof of claim whatsoever. There is not one shred of evidence to verify their claim, not one competent witness to substantiate the plaintiff's assertions. Not one fact or evidentiary hearing. Nothing. Pease countersued, not only the original plaintiffs but all the other actors who have persecuted him. On October 24, 2002, Judge Sam Sparks, after severing the two actions, which severed the original complaint from any action. Pease filed a Motion for Relief in the form of vacating a void order. Pease also filed a timely appeal to the Fifth Circuit on Sparks s final order. Sparks sent notice to the Peases that they were to appear in his courtroom on January 8, 2003 to show cause why they should not be held in contempt, totally ignoring the Motion before him. At the same time, the Third Court of Appeals at Austin, a state court issued an opinion against Pease in a wrongful foreclosure suit which he had appealed. Of course, the opinion was UNSIGNED!! An unsigned order has no force and effect of law, yet, the U.S.Attorney immediately put the order into Sparks s court as further proof of claim.
At this point, the Peases had no choice but to file for protection in bankruptcy court under Title 13. Upon receiving notice of the bankruptcy and the automatic stay, Judge Sparks usurped the jurisdiction of the Federal Bankruptcy court and issued an order, sua sponte, to, in his court, lift the stay provided by the bankruptcy court. Pease appealed to the bankruptcy court for protection, which was denied because Sparks has superior jurisdiction. Sparks ordered the Peases to appear in his court to show why they shouldn't be held in contempt, on January 16, 2002 at 2:00 p.m.. Pease put in an affidavit of prejudice and bias and a Motion of recusal to Sparks. Pease sent a Writ of Mandamus to the Fifth Circuit in New Orleans to void Sparks s order. Sparks didn t stop. Pease filed at noon today, two hours before the hearing, a Civil Rights suit against Sam Sparks and Mitchell Wiedenback, the U.S.Attorney.
In a normal world, with a real judiciary court, an automatic recusal and a Title 42 suit would stop any judge. Not Sam Sparks. He continues on. Pease did not appear at the hearing, instead he was being checked at a medical clinic after suffering anxiety attacks. Janell Pease did however appear. She was accompanied by Kent Claypool, the epitome of a good neighbor. He has offered his support throughout this ordeal and must be commended. Upon entering the courtroom which was packed with 8 U.S. Marshals, Mr. Claypool was asked if he was Mr. Pease. It was obvious they were there to arrest him. Janell stood before Judge Sparks who threatened to throw her in jail. She said she didn't see how, as she had never signed a note and had no indebtedness to any of the parties. This was repeated several times. The threat, the reply. Finally, Janell started crying and saying she had three small children and didn t want to go to jail.
In the meantime, Mr. Claypool who was seated on the benches provided for audiences, would raise his hand. Sparks would call on him when he saw the raised hand. Mr. Claypool said statements like, Looks like there s a title problem here. Or I think there's a dispute of debt.
Finally, Sparks stopped calling on him and had him escorted out. Mr. Claypool, as he was leaving heard Sparks say, I m going to have your husband arrested. After Mr. Claypool left the room, Sparks told Janell that she wasn t the one he was after, it was Rhett. He instructed her to tell Rhett to be in his courtroom on Wednesday, the 22nd of January at 2:00. He then told her to go.
Federal district judges are appointed for life and most of them obviously consider themselves either godlike or God himself. They have the power of the U.S. Marshals whom they can command at any time to sic and fetch. And, don t misunderstand me. What has happened to Rhett and Janell has been repeated everyday in every courthouse in this nation. I learned today, however, at my local post office, that when bombarded with complaints from many locals, the congressmen suddenly reversed the destaffing of the post offices as angry consumers said no. Obviously, this action has some effect.
I am asking you to take a few minutes of your time and complete the enclosed complaint against Sam Sparks and e-mail it to your congressperson. If enough of you send complaints, I believe it will have an effect, and it's a beginning. I am providing a link with the e-mail addresses of congresspersons. I would greatly appreciate it if, after taking all this time to read this tome, you would take a few more minutes to send an e-mail to Washington. Thank you for your consideration. Remember, if this can happen to Rhett and Janell today, it can happen to you tomorrow. Let's get some impartial lawgivers back in our courts, and let's start now.
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THE HEARING
Rhett's contempt of court case was set before Judge Sam Sparks on Friday, January 24, 2003 at 2:00 p.m. in the Federal Courthouse at 200 W. 8th Street in Austin.
THE COMPLAINT
Dear _______________ :
I am sending you this complaint by e-mail to inform you of the actions of a rogue federal judge. Federal district judges are appointed by the President with the advise and consent of the Senate. They sit for life. They assume great powers. It has been a growing problem in this country that many of these judges misuse and abuse these powers.
Judge Sam Sparks, in the Western District of Texas is one of these judges. In a case involving a pro se who has been fighting for five years through the state courts and twice in the federal courts, simply to have a proof of claim from an alleged creditor pursuant to the Act of Congress known as the Federal Fair Debt Collection Practices presented to any of the numerous courts in front of whom he has appeared. Not one judge has demanded that the note on which the alleged debt is based be produced. Including Sam Sparks.
In one civil rights hearing before Judge Sparks, the man, appearing pro se had sued for wrongful arrest. In the only hearing held, Judge Sparks heard testimony from an attorney for the City of Austin testify that the man had been arrested without warrant or complaint and without exigent circumstances. Judge Sparks dismissed the case and as a result, because law enforcement now had clear reign, the man was arrested 3 more times under the same conditions, WITHOUT WARRANT.
This man is now fighting for his freedom in Judge Sparks s court. Judge Sparks has usurped unilaterally and without evidence, the jurisdiction of the Federal bankruptcy court, he has been served with Affidavits of bias and prejudice and Motions for recusal, he has been named in a civil rights action, has stated in court that he has knowledge of all of this and still continues to sit in judgment of a man whom he has dishonored, not protected as he has sworn to do, and against whom he has a personal vendetta. This man has been labeled a terrorist and treated as such in the absence of one single act of violence.
This federal district judge does not sit in good behavior. The criteria for his life time appointment. He needs to be investigated and removed. He is not worthy of the trust that the President and Congress have bestowed on him. He has stooped to crush a man who dared to defy his power and authority. A man who simply wanted the law upheld as it is written in black letter law and only wanted to be held to the contracts into which he had entered and not the nonexistent contracts that were forced on him by the courts.
I ask for an immediate investigation of Federal District Judge Sam Sparks.
http://www.realityexpander.com
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