Saturday, September 17, 2011

Let's make a Federal Case out of it!

American flagWell, our blogger was just served with an Injunction Against Harassment! Solely because of this blog! Any attorneys for freedom want to help? It seems a Federal Injunction to quash this Injunction is in order. Not only for First Amendment reasons, but also Second Amendment reasons.

This is a quintessential First Amendment issue in two parts. Not only is the Yavapai County Superior Court (namely, Judge Kenton D. Jones) violating the First Amendment right to free speech by issuing an Injunction based on a blog, Judge Jones is violating the First Amendment right to exercise of religion. Clearly there is an obvious spiritual nature to this blog and issuing Injunctions because one exercises their religion is a very dangerous precedent.

Ironically, our blogger was partially responsible for Judge Jones becoming a judge. For Jones was assigned the bench after former judge hinson resigned (not "retired") after our blogger filed a complaint of judicial misconduct against former judge hinson.

The Injunction was sought by one Melody Thomas-Morgan. (Who she incorrectly lists as "Melody Thomas-Morgan Bodine.)

This is the same trick she pulled on the Prescott Police. She told the cops her maiden name was "Thomas-Morgan" so as to make trouble for someone. Obviously she knew her maiden name. (It's Eells.) Her ex-husband was so concerned, he wrote the Chief of Police, telling him his ex- had falsified the report. In court, she changed her story a couple times, eventually blaming the cops for the error. (Search the trial transcript for "maiden name.")

After the fraud, our blogger asked the good cops in the Prescott police department to charge the late Mrs. Bodine with falsifying a police report, a misdemeanor in Arizona. But you see, the cops there are her friend.

So, as King Solomon said, "When the sentence for a crime is not quickly carried out, the hearts of the people are filled with schemes to do wrong." Like Jezebel in the Bible, she continues on her merry way, undeterred.

Her own attorney said in divorce court that she was a little crazy, suffering from Post Traumatic Stress Disorder, and it appears from her wild accusations, she is still touched. What's amazing is that Judge Jones signed on. You need to know that an Injunction is for a series of acts "directed at a person." Hey, Miss Thomas-Morgan, if you don't like what's here, don't read it! No one is harassing you.

While, thankfully, the Injunction does not prohibit our blogger from continuing to blog, it does unlawfully prohibit our blogger from possessing weapons.

He doesn't really care about the no contact prohibitions, since even the late Melody Bodine admitted he's never had contact with her after she filed papers against her husband. (Although there is the same legal issue that JP Judge Markham violated, and that's interfering with Father's visitation rights.

There are also the overly broad restrictions that our blogger cannot be in the Yavapai County Courthouse or the First Apostate Church of Prescott. Seems like a "Freedom of Association" issue here. What, our blogger can't even watch the trials of James Ray or Stephen DeMocker, both high profile cases in Prescott?

As even the late Mrs. Melody Bodine said in her first Injunction trial, our blogger stopped having contact with her after she filed papers against her husband.) There is no law in Arizona that gives a court the ability to deprive a citizen ownership of weapons under a civil Injunction. That deprivation is only allowed under a criminal Order of Protection. (via Brady, for domestic partners only.) See the post about Judge Slaughter and her similar illegal Injunction against Michael Roth of Quartszite.

At least Judge Slaughter had the good sense to vacate her Injunction before Roth challenged her.

Petition of Melody Thomas-Morgan BodineHere is Miss Thomas-Morgan's petition. (Click to enlarge.) A rebuttal will be posted shortly to answer her libelous statements. But even if her allegations were true (they are not), the Ninth Circuit recently upheld that even the most egregious free speech on the Internet, threatening to kill a presidential candidate, is protected speech, as previously reported here. If the Ninth overturned a criminal conviction for speech so egregious, Judge Jones cannot issue a civil Injunction for much less egregious speech. Again, apparently a Federal Injunction is necessary to get the good judge's attention.

More worrisome is Miss Thomas-Morgan's statement that she was advised by the Prescott Police Department and the Prescott City Prosecutor that she seek the Injunction. ( Our blogger is already suing the Prescott Prosecutor, Glenn Savona. Isn't giving legal advice a violation of ethics? Wow, this is sounding like a conspiracy to deprive a Christian man of his civil rights.

UPDATE: The petition for the TRO has been filed. Any strong 2nd Amendment attorneys want to take it from here? Please leave a comment with your contact information. It will not be posted.

1 comment:

Anonymous said...

What can we do to bring this absurdity to the main stream media? I am not shocked that the worlds deprivation has sunk so low, I am angry for what this has meant to the quality of life for this honest blogger. Being a Christian means we have a target on our heads. I'll wear mine proudly. And Mr. Palmer .... he needs legal resources for his defense. Again, do you have suggestions on how to captivate a larger audience? Sincerely, Al Sellers