That was one of several stunning revelations during Shuler's resisting arrest trial in Shelby County Tuesday. Much of the evidence was produced by a stream from a video that was generated by a camera in the vehicle of Deputy Chris Blevins.
"In the audio, you can hear Deputy Blevins assaulting me three times and spraying me with mace before he ever said that he was on the premises to conduct an arrest," Shuler said. "The evidence showed that I was defending myself with the only physical act that I did according to Blevins' own words was raising my arms in a defensive posture, and I was defending myself against a grotesque example of police brutality and excessive force. Evidence showed that Blevins likely had no warrant given that the prosecution could produce no warrant at the trial. The notion that a journalist or any other citizen could be arrested and beaten up in their own home without a warrant should be a cause of great concern for all citizens."
Assistant District Attorney Tonya Willingham prosecuted the case and when forced to turn over copies of any warrants she said she did not have one. How can a resisting arrest case be prosecuted when there are no warrants in evidence? That's one of many disturbing questions raised by Tuesday's trial.
Following are some other revelations from the case:
- Blevins admitted that this was a traffic stop and that Shuler had committed no traffic violations that warranted him being stopped;
- Blevins admitted that he made physical contact with Shuler before ever stating that he was on the premises to make an arrest;
- Blevins never instructed Shuler to get in any sort of arrest position and never told Shuler to put his hands behind his back until after the three assaults and macing;
- Blevins admitted that he has had citizen complaints about use of excessive force and police brutality;
- Deputy Jason Valenti, who assisted in the arrest, can be heard on the video threatening to break Shuler's arms;
- The incident in the report has a box that says "Warrant Signed?" and Blevins has inserted the word "No" as an answer.
18 comments:
Can you get the dash cam video released ? To be honest I am surprised that the cam was not "faulty"! Get a copy before it self destructs!
perhaps it is time for Mr. Shuler to file a complaint against the officer for assault. You don't get to beat up people just because you are a police officer.
it would appear someone violated Mr. Shuler's rights.
Scary is the fact, that, this has been allowed to get to this point. Why are the criminally insane allowing the reporting, the obvious disregard for the law and keeping Roger in jail. Very spooky.
Why is this news out there, NYT and on and on and yet can't get Roger released, not Don Siegelman and finally Lynn Stewart dying of cancer got released - but not without an incredible ongoing legal battle. National Lawyers' Guild represented Lynn.
Where are the so called journalist representatives in America regarding this horror!
ATTORNEY LICENSING IS A FRAUD!
There is no such thing as an Attorney License to practice law. The UNITED STATES SUPREME COURT held a long time ago that The practice of Law CANNOT be licensed by any state/State. This was so stated in a case named Schware v. Board of Examiners, 353 U.S. 232 (1957) and is located for all to read at the following pages in volume 353 U.S. pgs.238, 239 of the United States Reports.
Here is a quote from that case: "A State cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the Due Process or Equal Protection [353 U.S. 232, 239] Clause of the Fourteenth Amendment. 5 Dent v. West Virginia, 129 U.S. 114 . Cf. Slochower v. Board of Education, 350 U.S. 551 ; Wieman v. Updegraff, 344 U.S. 183 . And see Ex parte Secombe, 19 How. 9, 13. A State can require high standards of qualification, such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any qualification must have a rational connection with the applicant's fitness or capacity to practice law. Douglas v. Noble, 261 U.S. 165 ; Cummings v. Missouri, 4 Wall. 277, 319-320. Cf. Nebbia v. New York, 291 U.S. 502 . Obviously an applicant could not be excluded merely because he was a Republican or a Negro or a member of a particular church. Even in applying permissible standards, officers of a State cannot exclude an applicant when there is no basis for their finding that he fails to meet these standards, or when their action is invidiously discriminatory. Cf. Yick Wo v. Hopkins, 118 U.S. 356 ."
[Schware v. Board of Examiners, 353 U.S. 232 (1957), emphasis added]
Another case which bore this out was PDF Sims v. Ahrens, 271 S.W. 720 (1925). In this case the opinion of the court was that
"The practice of Law is an occupation of common right."
Where some confusion may start is when one doesn’t understand that a state supreme court only issues a CERTIFICATE, and that is not a license. All a certificate does is authorize one of those dirt-bags to practice Law "IN COURTS" as a member of the state judicial branch of government. [Please see NOTE 1 below to see that there is no judicial branch of government as we have been led to believe all our lives] A plain truth of fact is that Attorneys are ‘foreign agents’, the same as Federal Agents from the bowels of hell known as WASHINGTON, DC, and can only represent wards of the court; infants and persons of unsound mind. [The reader would be surprised to find out that according to them, we’re all of unsound mind that is; we’re considered incompetent to handle our own affairs.] [Please see NOTE 2 below for a reference in a law dictionary which explains this concept
Further, as a CERTIFICATE IS NOT A LICENSE then it also gives no power to anyone to practice Law AS AN OCCUPATION, nor to DO BUSINESS AS A LAW FIRM.
The state bar association is not a government entity. The state bar ass…is "PROFESSIONAL ASSOCIATION" and their "STATE BAR" CARD IS NOT A LICENSE either. All that card is – is a "UNION DUES CARD" like the Actors Union, Painters Union, Electricians union etc. Did the reader know that there is no other association, not even DOCTORS, who issue their own license. All other licenses are issued by the state or local municipal corporations . Any one can ask their state Attorney General if the members of the BAR are licensed by the state or any other governmental agency. The reader will find out in short order that the state doesn’t issue licenses for Attorney’s and that said attorneys are NON-GOVERNMENTAL PRIVATE ASSOCIATION.
see #2
#2
Therefore by reason logic and common sense we can arrive a the determination that the ‘state bar ass… is; an unconstitutional monopoly, and thus an ILLEGAL & CRIMINAL ENTERPRISE. Since the majority, if not all of government offices are filled with Attorneys there is a definite violation of the separation of powers clause of a constitutional government.
Attorneys are nothing less than ‘foreign agents’ on our land as they are foreign to a constitutional government. They have NO POWER OR AUTHORITY for joining of Legislative, Judicial, or Executive branches of a constitutional government, no matter if the so called people vote for them. It is against a Republican form of constitutional government law for them to even attempt to ‘run for office’ (sic). Of course this would include all judges as well as members of the other branches of a constitutional government
NOTE 1: In a Municipal Corporation, which is what all states (once called union States) are today. In Municipal Corporation Law there is no judicial branch. The judges, which we see today and, which we’ve seen all our lives, are administrative law judges appointed by the CEO of the Executive branch. ]. Some other time be an offer my conclusions, including the references which I used to make said conclusion. A little hint: If one could just understand how a W-4, which is of no lawful effect after 1 year, has its continued effect on someone who does not disclaim it’s effect but instead allows the effect to continue for as long as that person is employed with the Federal employer he filed it with. The relate that same effect to the effect that the Birth Certificate has to one’s continued effect of being incompetent to handle your own affairs – even if you’re 67 years old like this old goat]
NOTE 2: SEE CORPUS JURIS SECUNDUM, VOLUME 7, SECTION 4.
Writers note: We are all a product of our past experiences and teachings and what those experiences and teachings, whether written or spoken word, have led us to be. With that said much of what I read and write today is a product of some very influential people who have been in my life in recent months and years. Jack Yost, Ken Evans, Rice McLeod, Harmon L. Taylor, Bill Janes, Big Al and Pat Lynch are just a few and are not necessarily in written in order of importance. The article which I have added to above is the product of many another’s mind and research. By way of the many influences mentioned herein and many more, that which I have done above might be called plagiarized. If so than all writers are plagiarizers, for they all use someone else’s thoughts, teachings, and writings at sometime or another. I humbly admit that without input from those mentioned above I could not have written what I have and firmly believe that these friends were instruments sent to me by my Holy Father, The Ever-Living God. Thank you and Godspeed
http://famguardian.org/Subjects/LawAndGovt/LegalEthics/AttorneyLicensingFraud.htm <<
Perhaps the glare is too bright. The system of the Federal Reserve, the FRS has collapsed globally. America was designed to be a Ponzi, DUH, and the system of the so called fraudulent courts were to be the last BUBBLE to pop and pay the FRS owners. After the one world government was firmly rooted in wherever that is, Switzerland and the Bank of International Settlements? We don't get to know this, yet.
The courts, 'Gov' that is, jail and/or the state B.A.R./s, Inns of Courts and on and on the racket has now strangled America almost to death. Digital gulag.
Roger proves how bad IT really and truly is: FRAUD. The system of fraud is unsustainable.
The Riley cult is unsustainable because the fraud has reached critical mass criminal insanity.
Theatrics for Americans while the due process law is in a continuance of supreme immorality.
We're dealing with the global mafia and ITS' criminally insane agent thug killer machine.
Wow, this is really bad. Roger is every American, Americans, we best be assembling in front of these institutions of RICO treason.
What is representative of media controlled bias can be witnessed in present day news programming about the journalist being "kicked out" of Russia.
Yet Roger Shuler's being denied
his equal rights, protections, and due processes politically orchestrated, thereafter suspiciously enforced, question as to why, subsequently going as far as to reach into the very judiciary that "the little people" have been, through time, to believe in.
They probably thought Seigleman's case was now history; mistreatments caused the Shuler family involving denial of freedom of speech has only re-inflamed Seigelman; now in parallel with Shuler.
These cases are due for the public uncloaking and full exposures of many political figures who have made conscious choices to violate their official sworn unto oaths and bonds to their elected/employed offices.
Political science professor are destined to make these names synonyms with "Watergate 1973".
RIChardO
http://www.lsc.gov/
Fact Sheet on the Legal Services Corporation
What is the Legal Services Corporation?
LSC is the single largest funder of civil legal aid for low-income Americans in the nation.
Established in 1974, LSC operates as an independent 501(c)(3) nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans. LSC distributes more than 90 percent of its total funding to 134 independent nonprofit legal aid programs with more than 800 offices.
LSC promotes equal access to justice by awarding grants to legal services providers through a competitive grants process; conducting compliance reviews and program visits to oversee program quality and compliance with statutory and regulatory requirements as well as restrictions that accompany LSC funding, and by providing training and technical assistance to programs. LSC encourages programs to leverage limited resources by partnering and collaborating with other funders of civil legal aid, including state and local governments, Interest on Lawyers’ Trust Accounts (IOLTA), access to justice commissions, the private bar, philanthropic foundations, and the business community.
The Corporation is headed by a bipartisan board of directors whose 11 members are appointed by the President and confirmed by the Senate.
In another case in another state, the police hunted someone down and stopped them with minor traffic ticket a "broken side mirror." They then required the targeted (passenger) individual to hand over the personal cell phone. Police then took the phone to the police car for a while, and then returned it. (Why? Can anyone tell us why they did that?)
The passenger's arrest was on civil charges from another state for extradition. The passenger's name had been entered illegally into the NCIC criminal database, which is for criminal activity - not civil accusations. At the court even the judge admitted the arrest warrant issued from the other state was illegal.
This police harassment and blacklisting/targeting of individuals is happening elsewhere. I never thought we would see the day when Americans would entertain thoughts of researching and/or seeking political asylum in other countries.
A European friend says many of these stalking tactics were developed by the Stasi police of Nazi Germany.
A Central American friend explains this is just the reason she and her family left Central America. The police and political system was so corrupted nobody was safe.
In these stressful situations, the choice is to run or stay and fight. For those of us with children and grandchildren, there isn't a choice unless we would want to see how 10 more years of this growing corruption could affect them and their families.
America has been so preoccupied in arresting, punishing, and/or neutralizing political foes, addicts, mothers, fathers, brothers, sisters and even grandparents, while the real criminals have multiplied and laughed all the way to their foreign bank accounts.
So-called "businessmen" have increased the size of their profitable privatized prisons. Business is thriving for them.
If we could recover all of the money spent on arresting Americans, which includes police, salaries, courts, lawyers, jails, meals, housing, etc., we could probably balance the national and state budgets.
Roger's situation is a perfect example of a justice system that's gone awry and lost sight of its purpose.
Those in power should be unearthing, investigating and prosecuting corruption. Instead, it appears they are attempting to continuously conceal it, even at the expense of those who try and expose it for the sake of the common good.
I hope Whistleblower societies and organizations of the USA are watching Mr. Shuler's case.
Every journalist and blogger, every artist and musician, and every American who refuses to live in fear of an increasingly oppressive government and elitist class should be watching with genuine concern.
When does Roger get to go home?
It was all about THIS BLOG and silencing Roger, not a 'pursuit in progress'.
It's poasible it was all a setup, with the cops provoking the confrontation - no warrant produced even at trial!
We need a better photo of Roger prior to the Police Riot within your residence.
A federal appeals court has ruled that bloggers and the general public have the same protection of the First Amendment as journalists when sued for defamation. Should the issue be of public concern, the claimant has to prove negligence to win the case.
"It's not a special right to the news media," he said. "So it's a good thing for bloggers and citizen journalists and others," Gregg Leslie, of the Reporters Committee for the Freedom of the Press, told AP.
http://rt.com/usa/bloggers-law-media-defamation-812/
ROGER & DON are political agenda PRISONERS! That's the real problem, America became a military industrial complex with politics as the tour de force.
WHOSE POLITICS? Well the Federal Reserve System's (FRS) decide.
According to the APPEALS COURT, and that's the BIG TICKET, COURT OF APPEALS, well then, ROGER best be freed right now.
And, that's the true fear we can know, the fact that the criminally insane cult of Alabama know they've at long last, been caught in broad daylight with their human filth behavior sold to the public domain as 'politics'. Worse is the thinking is, the behavior isn't known and the FAMILY VALUES are still the umbrella that covers the paedophilia cult and brain dead spiritually vacuous Karl Roves.
Degradation and worse, pure vile evil. This country decided CREDIT FRAUD was and is IT, the almighty GOD in earth.
Russia was down, to be completely raped-pillaged-plundered. But, uh oh, Vladimir Putin didn't want to be a BENT GENDER and poke all that moves due to lack of impulse control.
That is what we have here, no impulse control via the endocrine compromised and Roger is one of the 'normal' who must be destroyed via the ABNORMAL.
Look at America as a science project, that is what the reality is. CONSUMERS, we're only a digital trade unit, the country and all the 'resources' AND people are the most INSURED via the UN. The taking count of people did happen and IT via the UN was about insuring as many 'bodies' as can be. Thus, JAIL is quite the money making institution for 'them'.
Who are 'them'? Those that enter homes and beat the living hell out of an innocent person who is doing our public citizenry THE highest form of EDUCATING US? They, those, them that stalk, prey, kill, degrade the family unit, politicize the US Constitution into a piece of paper that is GODDAMNED, ask Roger Shuler and Don Siegelman and all that got dead due to politics and not real due process law.
Backwards? Subhuman is underneath the idea of dark ages.
Carol, Roger was well aware of Crystal Cox and the case that was won, in the Court of Appeals.
We had been watching the case very carefully because she was initially sued for $10 million.
I, when escaping the fraud of the "Chief Justice" Ann L. Aiken, by ? chance?! Met Crystal in Spokane. She was there escaping the OREGON COURT system, same as I.
Believe I communicated much of this with Roger Murphy Schnauzer because the importance is highly significant: CORRUPTION, and the loss of FIRST AMENDMENT, and what has now happened is ROGER is indeed according to the LAW, NOT GUILTY.
Eugene Volokh
Law professor
Eugene Volokh is an American law professor, the Gary T. Schwartz Professor of Law at the UCLA School of Law. He publishes the blog "The Volokh Conspiracy". He is an academic affiliate of the law firm Mayer Brown. Wikipedia
Born: February 29, 1968 (age 45), Kiev, Ukraine
Education: UCLA School of Law, University of California, Los Angeles
I'd be speaking to Eugene right away, I've personally been in contact with him via Crystal. Very pleasant human being.
Attorney Search
Eugene Volokh - #194464
Current Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
The following information is from the official records of The State Bar of California.
Bar Number: 194464
Address: UCLA Law School
405 Hilgard Ave
Los Angeles, CA 90095
Map it Phone Number: (310) 206-3926
Fax Number: (310) 206-7010
e-mail: volokh@law.ucla.edu
County: Los Angeles
Undergraduate School: Univ of California at Los Angeles; CA
District: District 2
Sections: None Law School: UCLA SOL; Los Angeles CA
http://www.volokh.com/
http://www.crystalcoxcase.com/2014/01/ninth-circuit-ruling-crystal-cox-wins.html
What is needed is for the federal courts to step in, pull this issue out of state hands, and put all of the doings of the Riley family under a very bright light.
Alabama is in the hand of corrupt GOP politicians. It is a known and established fact that Karl Rove and Rob Riley have been playing fast-and-loose with liberals' rights in this state for a LONG time.
Free Roger! Free Don! Imprison Rob Riley and Karl Rove!
The deputy claimed he felt "threatened" when Roger put his right hand in his side pocket. Roger had just gotten out of his and was obviously putting his car keys in his pocket.
Actually, you were quite lucky:
https://www.youtube.com/watch?v=tkRct0YTibE
Don:
I understand your point, but I don't feel particularly lucky.
I know.
How could you?
However, I was actually stunned when I saw on Youtube how many "incidents" already happened concerning police brutality.
A.C.A.B.
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