Archive for April, 2015

April 19, 2015

Sunday, April 19th, 2015

April 19, 2015

flagl

Gary Hunt
Outpost of Freedom
April 19, 2015

Twenty years ago, today, the Murrah Federal Courthouse, in Oklahoma City, was bombed by a patriot who intended to light the fuse of violent resistance to the government’s overarching, and deadly, imposition upon the rights of the people. Some of the motivation behind this act was a response to the efforts of government, just two years earlier, to divest some people of their right to bear arms, and other infringements of the Constitution.

Twenty-two years ago, today, agencies of the federal government murdered over 80 people; in Waco, Texas; men, women, and children, in their own home/Church. Again, divesting the right to bear arms, and other constitutional infringements were the underlying elements in this event.

Two-hundred and forty years ago, today, more than 80 men stood on Lexington Green to demonstrate dissatisfaction with the government’s effort to divest them of their constitutional and sacred right to keep arms.

Today, K. C. Massey’s attorney, Louis Sorola, filed (electronically) a Motion to Dismiss the Indictment upon which the government’s case against Massey rests. That motion is an objection to the government’s attempt to divest Massey of his right to bear arms, by overreaching constitutional authority.

There are two elements in each of these events. First, arms; Second, the Constitution

Now, the government and Mainstream Media downplay the latter and demonize the former. And, that has become the underlying creed of law enforcement, as demonstrated by the short (45 second) video clip, “Sheriff’s Deputy Admits MRAPs Are For Constitutionalists“. Though the jurisdiction and the date of the video are not known (unless someone comes forward with that information), it is apparent that the two deputies are serious in what they say:

Deputy #1: “We’ve got a lot of constitutionalists and a lot of people that stockpile weapons, a lot of ammunition, and they have [intelligible] weapons here locally.”

So, the first Deputy sees danger in “constitutionalists” stockpiling weapons and ammo. He sounds a lot like General Gage, military governor of Massachusetts.

Deputy #2: “It’s worldwide. The world is unstable now; you look anywhere, you watch the news.”

As to the second, what is “worldwide”? The fear of constitutionalists is an international problem? “Hey, buddy! Yeah, you, the deputy, don’t you work for this county? What are you doing dealing in international matters?”

As George Santayana said, Those who cannot remember the past are condemned to repeat it.

Have we learned? Can we remember? What, possibly, can the government do to return to the Constitution, and avoid the violence that they have already begun?

Let us not slide further into that abyss of abject slavery and obedience to a government that was supposed to belong to us.

 

Government’s purpose is to govern the Government,
Not to govern the People.

 

Camp Lone Star — The Setup – Get Massey

Friday, April 17th, 2015

Camp Lone Star — The Setup
Get Massey

broken mouse trap

Gary Hunt
Outpost of Freedom
April 18, 2015

 

There were always bits and pieces that pointed toward a rather unpleasant picture; however, they amounted to nothing more than circumstantial evidence. Circumstantial evidence has always been an insufficient foundation for my articles.

Now, we are going to look at some of that circumstantial evidence. It will include statements from players, though that information has not yet been made public, nor is the government even aware that this information has come to light. One of these two sources was present the night before the arrest (October 19, 2014). The other was present at the shooting incident (August 29, 2014).

We will begin with the team of Massey, Varner, and Foerster, and the relevant events leading up to, and after the shooting incident.

In the early afternoon of August 29, Massey decided to run a patrol, and asked if anyone wanted to go. Both Varner and Foerster agreed to go. Whether Foerster made any phone calls, once he knew that Massey was participating in the patrol, is not known. It is possible that another person in the camp provided that information to an unknown investigator awaiting the opportunity and circumstance under which Massey could be charged with “Felon in Possession”. We will refer to that other person as “S”.

To establish a timeline for the subsequent events, we look at when Massey spoke with Mr. Aguilar, the Curator of the Sabal Palms Preserve, the private property where the shooting occurred. Varner had looked at his phone at about 3:00 PM, just a couple of minutes before Massey finished his conversation with Mr. Aguilar — to provide protection on the Sabal Palms property.

Approximately 20 minutes later, after visiting a couple of other locations, they arrived near the scene of the subsequent shooting. A BP agent appeared to be interested in something, so Massey asked him if they could help. The agent responded, “Yes, we could use some help.” At this point, they parked the Mule (an ATV) and spread out. Varner says that Massey was about sixty feet away and Foerster, another 120 feet away. Shortly after they began, Varner saw an unidentified BP agent jogging along with Foerster, perhaps ten feet from him. This event is estimated to be 5 to 7 minutes before the shooting. Minutes later, because of the vegetation, visibility between Varner, Massey, and Foerster was obscured. So, we have a BP agent with Foerster before the shooting.

About 2 to 4 minutes before the shooting, BP agent Cantu moves to within a few feet behind Varner, though he says nothing. As shots are heard, Varner said, “Shots fired”, and repeated this at least three times. Cantu doesn’t react to these calls, or the shots — at least at this time.

The first words out of Cantu’s mouth were, “Where is Massey?” That raises the question, since Massey was not visible from where Varner and Cantu were; how did Cantu knew that Massey was on the patrol?

Varner responds by yelling to Massey, “Cantu is looking for you!”

Cantu then walked in the direction of the shots, without meeting Massey. Within a few minutes, he returns with the BP agent who fired the shots, and Foerster. Now, this gets interesting; Varner is absolutely sure that the agent’s nametag read “Hernandez”, while the government’s testimony, to date, says it was “Gonzales”. Foerster and the agent were both still in possession of their firearms.

Cantu and the agent walked toward the “assembly area”, where the investigation was to be conducted. Cantu told Massey to follow them with the Mule. Massey said something to the effect that nobody was hurt and they would like to leave. Cantu told him that they would have to go to the assembly area for the investigation. They were all still in possession of their weapons, which were left in the Mule when they arrived at the assembly area.

An agent from BPS removed the weapons from the Mule and placed them in the back of a BP vehicle. One could suppose that “Officer Safety” advised them that there was a risk in leaving the weapons with the innocent Camp Lone Star members.

About this time, the shooter, Hernandez/Gonzales, walked up to Cantu and traded firearms with him. The evidence in the shooting was not bagged, but rather simply changed holsters. This happened before any outside investigators arrived on the scene. Ponder, if you will, whether the subsequent investigation, conducted by the Sheriff’s Deputy and the FBI, included the weapon used in the shooting; if ballistics tests were conducted, and which weapon was tested, if they even bothered to ask for it. But, let’s not confuse ourselves with such details. However Varner, once again, confirms that the shooter’s nametag read “Hernandez”.

Varner, upon asking Cantu what had happened, was told that the shooting occurred when the agent was about 30 feet from Foerster, which was confirmed in subsequent testimony. Varner remains incredulous; “How could anyone miss with five shots from 30 feet?” Varner also states that he never heard the shooter utter a word, to anyone, throughout the entire ordeal.

When Varner’s weapons were returned to him by the Sheriff’s Deputy, the Deputy asked what had happened. Varner told him about the BP requesting help, though that, conveniently, does not show up in the testimony.

When the trio returned to Camp Lone Star, “S” was, uncharacteristically, standing, waiting, for them. He had never done so, before.

Next, we fast-forward to the evening of October 19, 2014. Archie Seals, James Lewis, and Massey were in the long-term motel room that was used for an occasional good night’s rest, a good hot shower, and for meetings, as the need arose.

This particular night a conference call was scheduled with a number of militia people from around the country. The topic of the call was a plan for a massive gathering in Washington, D.C., though the objective, strategy, and tactics were, at the least, undeveloped. They did decide to name it “Operation American Freedom”.

The call had been going on for quite a while, when Foerster buzzed the room and Lewis went down to let him in, brought him up by the elevator, and into the room. This is significant in that Foerster had been removed from Camp Lone Star due to his erratic behavior, at least three weeks prior, and had not been heard from, since. He did not say anything; he simply went over to the bed and sat down. He remained there for the rest of his stay.

After the conference call ended, Lewis and Seal returned to Camp Lone Star. Foerster remained, absent any meaningful conversation or reason. Then he left, probably after he was certain that Massey was going to spend the night in the motel room.

The next morning, Massey left and found 15 to 20 agents waiting in the parking lot to arrest him. Well, someone must have told them that he had spent the night in the room. The presence of 15 to 20 agents indicates that they knew that Massey had spent the night in the room.

When I began this story, I explained that there was a lot of circumstantial evidence. Well, some is explained, above, while other such evidence can be surmised by the events. Taken together, it only raises a suspicion, at best.

Now, when we look at the sworn testimony by either document, or from the transcript, we have established a critical timeline of events.

The government claims that the shooting occurred at about 3:45 PM. The government’s sworn testimony states that that the first records check was run by Deputy Sheriff Valerio, after he arrived at 4:18 PM.

Massey’s attorney, Mr. Louis Sorola, though he has yet to receive copies, made notes while reviewing some records. The two important records, and the absence of one, show that Massey was run through the NCIC system at 15:12:53 (That’s 3:12 PM), fully one half hour before the shooting, and over an hour before the sworn statement as to the first records check to determine if Massey (not even a witness to the shooting) had a felony record. The NCIC records check was not run by the Sheriff, and there is no record in the Persecutor’s file that shows that the Sheriff ran them (as testified), or not. The check was run by FBI SA Schneider. But, the FBI didn’t arrive on the scene until after the Sheriff, and, purportedly, only to conduct interviews.

There is no record that Varner was ever run that day. Though, if they didn’t know better, they would have run everyone who had weapons, including Varner.

Finally, Foerster, who is a convicted felon, was not run through the system until after 8:00 PM, though I do not have the exact time. So, since Foerster was the alleged target of the shooting, why was he not run until much later? For appearance sake? If Massey was the target, they may have wanted to appear diligent in all respects, and, at least, run Foerster, one of only two witnesses to the “crime”.

A final thought with regard to what appears to be a major screw up; the government first attempted to make it appear that Massey had no right, under Texas law, to be on the Sabal Palms property with a weapon. Obviously, they were unaware that he had just come from reaching an agreement with Mr. Aguilar that did allow that land to be included in the “premises”, according to Texas law. Via sworn testimony, they attempted to convert “public” land to be construed as any land the public can go on, and apply that construction to a private nature preserve, Sabal Palms.

I’m certain there are many more facts that have been withheld from the defense, and I am equally certain that as those facts are eventually produced, the likelihood of Prosecutor Hagen receiving an Award from Department of Justice for successful prosecution is about as remote as his chances of going to Heaven.

Wolf Trap – Keep Your Trap Shut

Wednesday, April 15th, 2015

Wolf Trap – Keep Your Trap Shut

tape in jail

Gary Hunt
Outpost of Freedom
April 15, 2015

 

In this day and age, no one knows any one’s phone number. They either click the name, or speak the name into the phone. So, what happens when your phone is taken away, and then you get to make a phone call from a detention center?

Wolf was arrested in March 26. We found out about the arrest that day, and that he was detained at the Yellowstone County Detention Facility. It appears to be a county run, rather than a contracted facility; however, their phone system is quite profitable for the contractor. A collect call from an inmate costs $3.75 for the first minute and then a $1.00 each additional minute, with calls limited to 20 minutes. However, if they have money in their Commissary Account, they only pay 35¢ per minute, same limit.

Wolf received my Priority Mail envelope on Monday, March 30, and, since my letterhead had a phone number, he called me, beginning our communication. He understood what I had asked, answered some of the questions I posed, promised to provide a written account of the incident that led up to and culminated in his arrest on federal charges. We also discussed a legal maneuver, the Demand for Habeas Corpus (See Habeas Corpus – The Guardian of Liberty) and exactly how to proceed with it. He affirmed that he had executed the Power of Attorney, and he knew exactly how to proceed the next time he was in front of a judge. Undoubtedly, the call was recorded or monitored, so I’m sure that they were privy to our objective. It appears, however, that it took a couple of days for the jailers to get instructions, find somebody to make a decision, or otherwise decide that he should no longer be able to communicate with those outside. Our last phone call was Thursday, April 2.

He had asked that I pass messages on to R, T, C, and N, which I did, immediately after our first conversation. R was in communication with him and made sure that there was money in his commissary, so he was able to call out until April 2. In addition, he assured me, on the 2nd, that the written account would be sent as soon as he could get an envelope and stamps.

After contacting R and others, I found was not the only one who had received no mail or phone calls from Wolf. I decided that I wanted to shake some things up. I wrote a letter and for tracking purposes, sent it Priority Mail. For the purpose of this article, the pertinent portion of the communication is as follows:

April 10, 2015

I called the detention center and all they could tell me was that you had money in the commissary fund, which means that unless something untoward has occurred, I should have heard from you, as should T & R have heard.

This is rather concerning, and I think that you can understand why. So, here is what we/I will do.

I will expect a phone call from you the day that you receive this letter. If I do not hear, in a reasonable amount of time, there are two assumptions that I can make.

First, that you are holding out communicating, perhaps hoping that we, outside, will react, and act. This is not going to happen. We have a remedy, or two, and I fully expect that there will be a resolution. However, that would lead me to take the third step, which, if nothing else, would be rather embarrassing to you when the truth came out.

Second, it is possible that they have put you in a hole and incommunicado. I would not be surprised at this, as I have heard from a couple of attorneys working on federal matters (you know who they represent) that have decided that, to be kind, I am no friend to them. It seems in the second matter, they have gotten blowback that they never expected. We should find out, soon, what the consequences are. If, however, they have treated you in the manner suggested, that also moves me to step three. This would result in extreme embarrassment on the part of both the Detention Facility and the federal yahoos. And, because of the recent Texas story, MSM may be beginning to listen to us.

So, what is step three? Quite simply, I contact Billings Gazette, other local newspapers, and some local radio and television stations, and explain that they have put you in a black hole and incommunicado. Absent charges, bail, or any information on you. It will fare poorly for the responsible party. I would not want to be in their shoes.

I’m sure that my articles on the subject will elicit additional participation by my hundreds of followers (I will give them all of the appropriate contact information).

So, you (those reading this communication) are advised.

Priority Mail tracking indicated that it was delivered to the mailbox on Monday, April 13. This time, I heard nothing and have no idea whether they had violated federal postal laws (remember, he has yet to be officially charged with a crime) and refused to give him my letter. I still do not have an answer to that question.

However, he managed to get a call out to V, Tuesday, April 14, morning. V then advised us, via email, of the rather cryptic communication received from Wolf, which reads as follows:

Wolf called me this morning from YCDF.
He said he is under a communication block – his mail is being read, mail comes without envelopes, and they won’t let him have any mailing out material,
He said that “thing from his regular guest” will probably be blocked. I don’t know anymore and he didn’t explain any more.
He said he isn’t charged yet, and no bond. He’s being blocked from access to his Attorney in Fact.
Sorry his was so cryptic, but I’ve tried to relay it the way he said it.

The “thing from the regular guest” is, of course, the Habeas Corpus. The Attorney in Fact is the same as the preparer of the Habeas Corpus.

I spoke with V and he informed me that Wolf said that since he had called V, V would now be put on the “blocked” list — no longer able to be called. Why he was allowed to call anyone is surely a question to be answered. Is it possible they can block calls without cause? Is it possible that calls are monitored for content? Has Wolf been given a list of prohibited content? Or, do they just make the shit up as they go?

On a more positive note, early this afternoon, R received mail with the executed “Memorandum in support of Habeas Corpus”, the Power of Attorney, and the long awaited account of Wolf’s side of the story. This was accomplished only because Wolf managed to find someone to mail out for him what the Detention Facility would not allow him to mail out.

What is abundantly clear is that though he was arrested on March 26, he has told me that he insisted on a Grand Jury Indictment, in accordance with the Constitution. “They” said that the case would go before a Grand Jury, though we do not know when. He is being held, without bond and without charges, as shown on the YCDF inmate search page. With his last name, “Wolf”, in the search box, you get this:

150415 YCDF01

Then clicking either his name or the “Charges” link, you get this:

150415 YCDF02

So, Wolf has been held in jail for 20 days, without charges and no bail set. Though he initially had some communication privileges (incoming mail and phone, but no outgoing mail), those have been curtailed to no privileges, at all, unless he can continue to devise means to communicate. If the pattern holds, and he is only able to make one call to a person, who is then blocked, then it cannot be even remotely considered communication. The only thing missing is a damp, dark dungeon.

Update – April 14, 2015: Wolf has directed the documents that he was supposed to send me, and a letter, through the Defense Attorney that has been assigned to him. He has managed to circumvent the restrictions, at least to some degree. That would suggest that he still has his spirit up and is not yielding to their attempts at intimidation. However, and I agree with him, he did say, “They will not win!” More on this, later.

 

Government’s job is to govern the Government,
Not to govern the People.

Wolf Trap – The Setup

Tuesday, April 14th, 2015

Wolf Trap – The Setup

wolftrap

Gary Hunt
Outpost of Freedom
April 14, 2015

 

On March 26, 2015, a Montana radio host, William Wolf, was arrested by the FBI (not the BATF) in violation of 18 US Code §922 (o)

(o)           (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

The “machine gun” in question may have been legal, until modified by the FBI, as explained in the Criminal Complaint. So, let’s look at some of the information gleaned from the Complaint (underlining, mine):

During [a] meeting [September 30, 2014], Wolf expressed interest in CHS [Ed Gray] introducing Wolf to a former colleague who could possibly provide technical or monetary assistance in building the gun [this would be a flame throwing gun that had previously been mentioned].

Yes, the informant was Ed Gray. I got this information directly from Wolf, before communications were cut off — but that is another story.

On October 10, 2014, a CHS [Confidential Human Source – Ed Gray] introduced Wolf to the colleague, who in actuality was a FBI undercover employee (“UCE”).

Gray brought his agent (handler) in to meet Wolf.

At one point during [a] meeting [December 18, 2014], the UCE stated to Wolf that he would ask his contacts about acquiring a flamethrower for Wolf. Wolf immediately replied, “Try to get me a Russian automatic shotgun too.”

[In a footnote] The possession of the type of flamethrower described by Wolf to the UCE is not regulated under the laws of the United States and thus would not violate federal law to possess such a device.

According to Wolf, the offer was made and then he made the request.

The FBI acquired a firearm with the specifications desired by Wolf—i.e., a Saiga-12 fully-automatic shotgun with a shortened military grade barrel. FBI Headquarters modified a semi-automatic Saiga-12 gauge shotgun to a fully- automatic with a shortened barrel.

So, the FBI manufactured an Automatic shotgun from a Semi-automatic shotgun.

The CHS stated that in addition to the $600.00 previously arranged for by the UCE [Ed Gray], an additional $125.00 was necessary due to the conversion of the shotgun to fully automatic. Wolf agreed to the pay the extra $125.00 for the conversion.

So, now the cost, since they couldn’t come up with what the said they could, goes from $600 to $725. not really significant, except with regard to detail.

The UCE informed Wolf that his “supplier” was a Class III dealer and had converted the firearm from semi-automatic to full- automatic, to which Wolf acknowledged.

On March 26, Wolf took possession of the shotgun and,

Wolf then paid the UCE $720.00 for the firearm and took possession of it from the UCE. Wolf placed the encased firearm into his vehicle. Wolf was then taken into custody by the FBI without incident.

There is that picky detail. The bill was for $725, according to the previous agreement. The UCE only got $720. I suppose that they were so excited that they were wetting their pants because the managed to entrap Wolf, or, they just aren’t concerned with details in their reports.

The Complaint then ends with the:

CONCLUSION

Based on the information contained in this Affidavit, there is probable cause to believe that William Krisstofer Wolf knowingly possessed a machine gun, in violation 18 U.S.C. § 922(o).

First, let’s look at what they did and question the legality, and then at why they did it, and question the legality.

What They Did

As I understand it, if I wanted to purchase a machine gun and went to a gun store operated by a Class III licensee, he would hand me some paperwork for a background check and some paperwork for the Class III license. I would complete the forms and return them to him. He would then submit the forms to BATF and if the background came back clean, then the Class III license would probably also be issued.

However, if I went to the same gun store and said that I wanted to purchase a machine gun, and they said that will be $725 dollars, and if he didn’t require me to complete any paperwork, background check or Class III license application, I must assume that I am in compliance, as it is his legal responsibility to take the aforementioned steps to comply with his license. If I accepted that offer, he then took my money and handed me the machine gun, I would have satisfied every obligation placed upon me by a federal licensee.

The UCE was presented as, and did not deny, that he was a Class III licensee. So, who is the criminal party?

But, let’s assume that there is exception to 18 US Code §922 (o) (posted above). Well, there are two exceptions. The second exempts anybody who had acquired the machine gun prior to effective date of the rule.

The interesting one, however, and reading it with full regard to the punctuation (we are still a nation of laws, not of man, I presume), we can see that it says, as the first exemption (ellipsis … connotes words omitted for clarification):

(A) a transfer… by… the authority of the United States or any agency thereof…

So, if it was transferred by an agency of the United States, it is exempt, as per §922 (o) (2) (B). However, if as was represented by Ed Gray, that UCE was a Class III licensee, then it is not exempt, however, the guilty party (criminal) is not the one that relied upon the licensee, rather it is the licensee who violated the conditions of his license and the federal rules. This doesn’t even venture into who modified a semi-automatic rifle into an automatic, and whether he was properly (legally) authorized to do so.

That aside, though very significant, we can still rely upon the Complaint to determine what the focus of their efforts was — the motive for the set up and entrapment. After all, we all know that every crime has a motive. It is the government’s motive we are pursuing, for if there was a subsequent crime resulting from the government’s crime, which one is more important for us to concern ourselves with?

Why They Did It

Wolf made clear in his various meetings and radio shows what he thought of the government, which most of us already see as a bit out of hand. So, in one radio show, beginning back in November 2013, he presented his purpose,

to educate the public on how to counter action at the local, state and federal levels that were viewed as overstepping on constitutional rights… Over the next twelve months, Wolf repeatedly espoused his contempt for local judges, law enforcement, the county attorney, city and county commissioners, and the agents and agencies of the federal government.

Perhaps a bit overbroad in its inclusiveness, but not beyond the sympathies of many. He also called for:

Wolf called for a “restoration of the constitutional government.”

and

Wolf stated on multiple occasions that he considered agents of the government (local, state, or federal) to be the true enemy to the American people.

In a July 2014 radio show,

Wolf asked his program listeners “Are you willing to attempt a restoration of our constitutional government? Because that is what we are going to do.

And, in a December 18, 2014

Wolf described his plan to conduct a meeting in late January 2015 for the purpose of educating the public about “committees of safety.” Wolf viewed these committees of safety as the last peaceful method to address his grievances with the government.

So, though he referred to the historical Committees of Safety, and is seeking a peaceful solution, they seem to be offended by the function of Committees of Safety being the means of peaceful redress of grievances and the right of self-defense, and the defense of others.

Obviously, they don’t like the way the Wolf talks about dealing with the problem, and they can’t charge him with sedition, nor can the charge him with unlawful speech, so they have committed criminal acts against him in order to entrap him into committing acts which may appear criminal, though, as explained above, are not.

Camp Lone Star – Act Two: The Contradictions Scene 3: To Be, or Not to Be – Forthright

Sunday, April 12th, 2015

Camp Lone Star – Act Two: The Contradictions
Scene 3: To Be, or Not to Be – Forthright

contradiction red blue real

Gary Hunt
Outpost of Freedom
April 14, 2015

In Act One: The Government Charade, Judge Hanen graciously gave Prosecuting Attorney Hagen, the opportunity to respond to the Motions to Suppress and Dismiss, in greater detail, since he had failed to address some of the points presented in Mr. Sorola’s motions. The deadline for the response was April 10. So, we anxiously awaited that filing to see if Hagen could dig out of the hole he had created for himself, with his prosecution (persecution?) of K. C. Massey.

Well, I received a copy of Government’s Supplementary Response To Motion Suppress And Motion To Dismiss Indictment, on Friday, April 10. Now, it is typical of the “case law” method, which, well, let’s use the description of Teddy Roosevelt’s thoughts on this method, from the book “Bully Pulpit”, by Doris Kearns Goodwin. Case law method was developed at Harvard in 1872. Though the pleasure he took in his studies is amply expressed in his journal, he was troubled that ‘some of the teaching of the law books and of the classroom seemed to me to be against justice.’ He noted critically that ‘we are concerned with [the] question of what law is, not what it ought to be.'” So, like Teddy, we are stuck with what law is, not what it ought to be.”

Hagen’s Response addresses a number of higher court opinions, both Supreme and appellate, though we will only be looking at those opinions of the Supreme Court. So, let’s look at just how Mr. Hagen attempts to extricate himself from that hole. At this time, we will only address the Response to the Motion to Suppress.

First, he addresses the Motion to Suppress Evidence. In so doing, he lists the following:

(i) Defendant was observed carrying a rifle and that observation was made prior to any alleged search or stop;
(ii) Defendant was asked for his identification by law enforcement in the course of investigating a shooting involving a federal agent;
(iii) Defendant was detained after the shooting occurred as potential witnesses;
(iv) Defendant’s firearms were seized to protect both law enforcement and civilian witnesses; and,
(v) Defendant’s possession of two firearms was in violation of both state and federal law.

Regarding (i), this was discussed in the previous article. If the act was criminal, why did the government not arrest Massey when the observation was made? The answers rests on identification of Massey and determination of his status, none of which would have occurred had the “stop” or “detention” not occurred. Should we “cooperate” with law enforcement if going about our daily lives might result in subjecting ourselves to directed persecution? In this case, the shooter, in violation of both law and policy, and, the subject of the “investigation”, goes free, while the non-witness is subsequently arrested. One has to wonder if this whole thing was a set up to “get Massey”.

Regarding (ii) & (iii), that, too, was addressed in the previous post. Someone who, like the “investigator”, Cantu, had no more information than Cantu had, until Cantu received a radio message and passed that same information on to Massey, does not really qualify as a witness to anything. This leaves the question of “stop” or “detention” open, and that will be discussed shortly.

Regarding (iv), Foerster, Massey, and Varner, all retained their weapons, posing no threat, as testified to by Cantu. Subsequently, the decision was made, by persons unknown, that the weapons should be “secured”. “Seized”, as described in the Response, has no relationship to the testimony.

Regarding (v), here comes a problem, with Hagen’s comprehension skills. He quotes Texas Penal Code, as follows:

Texas Penal Code § 46.04 Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possess a firearm:

(1) After conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or

(2) After the period described by Subdivision (1), at any location other than the premises at which the person lives.

So, it says, in the singular, that he is in violation “if he possess a firearm”, before the fifth anniversary. Are we to assume that if he possesses more than one firearm, he is exempt from violation? It says nothing about any limitation after the fifth anniversary. Except, perhaps, in some secret version of Texas law that Hagen has hidden in his drawers.

Now, if Hagen is suggesting that Massey was not at “the premises at which the person lives”, the government also already stated that Massey had been at Camp Lone Star for four months. So, can there be any doubt as to where he lived at the time of this incident? The purpose of this provision is, without doubt, to provide the means for protecting the “premise”. Does that preclude someone from going on to his neighbor’s property, with that neighbor’s permission, to provide for that protection?

However, we can put that all aside, as Massey is not charged with violation of state law, Hagen has charged him with violation of federal law. The Sheriff’s Office has not chosen to file charges against Massey in their jurisdiction, so that makes Hagen’s argument somewhere on the other side of moot.

So, let’s look at the Supreme Court decisions that Hagen has cited to defend his position. First is Hiibel v. Sixth Judicial District Court Nevada 542 US 177. He argues that A police officer is free to ask a person for identification without implicating the Fourth Amendment.

So, let’s see what Hiibel says:

At 177, setting the background of the case, it says, Petitioner Hiibel was arrested and convicted in a Nevada court for refusing to identify himself to a police officer during an investigative stop involving a reported assault. Nevada’s “stop and identify” statute requires a person detained by an officer under suspicious circumstances to identify himself.”

At 184, we find Here there is no question that the initial stop was based on reasonable suspicion, satisfying the Fourth Amendment requirements noted in Brown.

Then finally, at 185, the pages cited by Hagen, we find, “Asking questions is an essential part of police investigations. In the ordinary course a police officer is free to ask a person for identification without implicating the Fourth Amendment. [I]nterrogation relating to one’s identity or a request for identification by the police does not, by itself, constitute a Fourth Amendment seizure.” the Court has recognized that a law enforcement officer’s reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further.

So, just what were the “suspicious circumstances”, or “reasonable suspicion”, that existed on August 29, 2014, on the Sabal Palms property? Perhaps Hagen should be instructing BPS, FBI, and others, as to what is required to “investigate” and require that one identify himself, absent the criteria established by the Supreme Court. I suppose that we could also ask Mr. Hagen what the difference is between and “interview”, as described in testimony, and, “interrogation”, as cited in this case.

Then, he cites INS v. Delgado 466 US 210. He does not, however, provide any quotation from that case, so I suppose that quantity rather than quality might be his motivation, here. So, to put a context on the current situation, I will provide the quotations. This case refers to whether INS could profile by asking questions of employees being suspected of being illegal aliens. So, here is what the cited page, 216, tells us:

In contrast, a much different situation prevailed in Brown v. Texas, 443 U.S. 47 (1979), when two policemen physically detained the defendant to determine his identity, after the defendant refused the officers’ request to identify himself. The Court held that absent some reasonable suspicion of misconduct, the detention of the defendant to determine his identity violated the defendant’s Fourth Amendment right to be free from an unreasonable seizure.

Unless the circumstances of the encounter are so intimidating as to demonstrate that a reasonable person would have believed he was not free to leave if he had not responded, one cannot say that the questioning resulted in a detention under the Fourth Amendment.

So, the Court has given us a situation, and then concludes, “Unless… a reasonable person would have believed he was not free to leave if he had not responded”, then the questioning was not a detention. However, Hagen as argued that this was a “stop” (Terry Stop), not a detention, and there is no doubt that when Massey “cooperated” in providing his identification, he had already been told that there was an investigation and that he could not leave.

Next, he cites United States v. Sharpe 470 US 675. At least he provides a context, and page (685), though, again, no quotation. So, we will begin at 684:

In that case, law enforcement agents stopped the defendant after his arrival in an airport and seized his luggage for 90 minutes to take it to a narcotics detection dog for a “sniff test.” We decided that an investigative seizure of personal property could be justified under the Terry doctrine, but that “[t]he length of the detention of respondent’s luggage alone precludes the conclusion that the seizure was reasonable in the absence of probable cause.”

And, at the cited page 685:

While it is clear that “the brevity of the invasion of the individual’s Fourth Amendment interests is an important factor in determining whether the seizure is so minimally intrusive as to be justifiable on reasonable suspicion,” we have emphasized the need to consider the law enforcement purposes to be served by the stop as well as the time reasonably needed to effectuate those purposes.

So, in the first instance, a stop of 90 minutes was unreasonable, absent “probable cause”. And, in the second, there was an “invasion of the individual’s Fourth Amendment interests”, rests upon “reasonable suspicion”. They speak of “seizure”. That is what the Prosecution has claimed, and maintained by continue to retain, all of the firearms, except Varner’s. But, they were not “seized”, according to testimony. They were “secured” for Officer Safety.

Okay, just one more. This is United States v. Leon 468 US 897. Though no quotations are given, he points out that Rotunno, the agent who swore to the accuracy of the information used to secure the various Warrants and Criminal Complaint, was present neither at the shooting incident investigation on August 29, nor at the arrest on October 20, 2014. Quite simply, Rotunno “fabricated” (that is a polite form of lying) an important element of what happened on August 29, which implied that Foerster, and Foerster, alone, might have committed a criminal act by “pointing: his firearm at Gonzales. Massey and Varner were innocent parties to the entire episode. So, Hagen’s assertion might apply to Foerster, but the great leap to envelope Massey in his web is without any lawful or legal merit.

That doesn’t however, remove us from consideration of what the court said in U. S, v Leon.

In this case, a warrant was issued based upon observations during a drug trafficking investigation, by law enforcement officers. There was nothing illegal about the observations, nor were there misrepresentations, or outright lies, in the affidavit that resulted in the warrant.

The court held that Application of the exclusionary rule should continue where a Fourth Amendment violation has been substantial and deliberate, but the balancing approach that has evolved in determining whether the rule should be applied in a variety of contexts – including criminal trials – suggests that the rule should be modified to permit the introduction of evidence obtained by officers reasonably relying on a warrant issued by a detached and neutral magistrate.”

Further, that “the courts must also insist that the magistrate purport to perform his neutral and detached function and not serve merely as a rubber stamp for the police… However the exclusionary rule is designed to deter police misconduct rather than to punish the errors of judges and magistrates.”

And, that “A police officer’s reliance on the magistrate’s probable-cause determination and on the technical sufficiency of the warrant he issues must be objectively reasonable. Suppression remains an appropriate remedy if the magistrate or judge in issuing a warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth, or if the issuing magistrate wholly abandoned his detached and neutral judicial role.”

So, though even Foerster may find relief by this decision, Massey was nothing more than a bystander in the events of August 29, and nothing conjured by Hagen can change that relationship. There was never the requisite probable cause, suspicion, or any other factor, that would ensnare Massey in this web. It is only Hagen’s desire to please those “up the river” that forces him to persist in the persecution of K. C. Massey.

Now, I realize that what was just stated might be considered by some to be overstepping the bounds of propriety. However, we must not detach ourselves from the reality that we are constantly presented with the excuse that, “there are only a few bad cops”. We have learned, over time that “few” is a gross misrepresentation of reality.

Let us simply refresh our minds with a recent event wherein an innocent man spent thirty years on Death Row. He was released when his innocence was final acknowledged. His innocence was known by the Prosecutor, from the very beginning. That Prosecutor, Marty Stroud, has repented. Marty Stroud is demonstrative of the subject of the book, “Three Felonies a Day”, by Harvey A. Silverglate, in which the objective is to obtain a conviction, regardless of guilt, and to distort the wording of the law to achieve that end.

Camp Lone Star – Act Two: The Contradictions Scene 2: To Detain, or Not to Detain? That is the Question.

Sunday, April 12th, 2015

Camp Lone Star – Act Two: The Contradictions
Scene 2: To Detain, or Not to Detain? That is the Question.

contradiction hands vertical

Gary Hunt
Outpost of Freedom
April 12, 2015

Another question brought up in Sorola’s motion to suppress evidence was also addressed. At issue is whether he was detained, at which point he would have to be read his Miranda rights, which they did not do, or simply stopped for investigative purposes. The latter would be what is referred to as a Terry Stop. It is worth noting that a Terry Stop is defined as:

A brief detention of a person on reasonable suspicion of involvement in criminal activity but short of probable cause for arrest. To have reasonable suspicion that would justify a stop, police must be able to point to “specific and articulable facts” that would indicate to a reasonable person that a crime has been, is being, or is about to be committed.

As you read the testimony, decide what you believe the answer is. Remember that only two people were witness to any criminal activity — the shooting incident.

Mr. Hagen said, in his initial argument:

[T]he Border Patrol agent [then] fired several shots at Mr. Foerster, thankfully missing.

So that launched a — an investigation since a federal agent had discharged his firearm. That’s what brought the FBI and the Sheriff’s Department and Border Patrol Internal Affairs and all these people out to the area.

But as far as suppressing evidence, I think the government is on solid ground here because before the shots were even fired, there are multiple Border Patrol agents that observed Mr. Massey carrying a firearm, and that’s what he’s charged with is possession of a firearm. Even before he was ever detained or questioned, he was seen carrying a firearm on August 29th of 2014.

And the only relevant information or information I’d say that is critical to our prosecution is his identity, who he is, and I don’t believe that can be suppressed, although I think — I think law enforcement behaved accordingly in all respects in connection with this investigation. Even if it was a bad stop or a bad search or — you can’t suppress identity.

Yes, he is correct. If you were a criminal walking down the streets, absent a warrant, could they just stop and arrest you because you are doing something that many others are doing? We are a nation of laws, not of men. Those laws require that certain procedures be followed, even to the point of protecting a criminal — whether he is a criminal, or not. So, since there are no “Wanted Posters” for K. C. Massey, identification becomes a crucial point.

As Hagen said, “there are multiple Border Patrol agents that observed Mr. Massey carrying a firearm”. So, why didn’t they arrest him, then? Could it possibly be that the law, not men, are the rule?

Hagen continues:

I believe Mr. Massey said to Danny Cantu: Look, nobody got hurt. We’d like to — you know, we’re going to be on our way.

Danny Cantu said: Look, a federal agent discharged his weapon. There’s going to be an investigation. Y’all need to stay around.

Earlier, Cantu had said that he thought that the shots had come from the Mexican side of the border. He received radio communication that a federal agent had done the shooting. Why would someone that was very far from the actual shooting be a witness in an investigation?

Let’s keep in mind some recent events of which we are all aware. We have law enforcement people saying that if you don’t want us to shoot you, you had better cooperate. That might be sound advice if one wasn’t subject to persecution because he cooperated, however, if you believe that under state law you have every right to have a firearm on private property, with the permission of the owner, what are you going to do the next time a law enforcement, any law enforcing, officer wants to detain, stop, hold, or even ID you? It is somewhat difficult to reconcile yourself to the idea passive obedience when one realizes that even if they are not violating the law, the feds might use every trick in their toolbox, if they want to persecute or prosecute you.

So, then Hagen says:

Now, Mr. Massey was detained or was in the area for several hours. I think everyone left around 7:00. I think the evidence will show that shots were fired around 3:45.

Note that Hagen has framed the whole event into over 3 hours. This will be addressed more in Act Two, Scene 3.

Now, we move to the first witness, Agent Cantu, in examination by Hagen.

Q All right. Now, did you give any instruction to Mr. Massey after you first encountered him?

A After we encountered them, I asked him and Mr. Varner if they can hang tight. They were missing one of their — their friends that was with them, and I wasn’t sure where exactly he was. Again, I was still in the back of my head, the shots had rang out. They had called for a supervisor. I was trying to make my way down to where the agents needed me, ensuring safety, that everybody was okay. So I asked them to stay by their Kawasaki as I continued down this dirt road.

Q Okay. So you get to the area where the shooting took place. What do you see?

A As I approach, I see Mr. — Mr. Foerster holding a weapon in his hand. It was just hanging down to his side, but he was holding the weapon as an —

***

So as I came down, I saw Mr. Foerster there holding that weapon. I saw the agent, Marco Gonzalez, approaches me as I’m getting close, and he’s telling me that, you know, he shot at Mr. Foerster; that Mr. Foerster turned in his direction with the weapon and he opened fire. And I was trying to get — Foerster started talking, and so I was trying to get everybody to —

Now, according to Cantu’s testimony, he already had their identification, so essentially, they cannot leave. They have to consider that if they do leave, at best, they no longer have any identification, and, at worst, they might be charged for resisting arrest, or some other bogus charge. After all, who would leave their ID with an LEO, if they were free to leave?

Later, he testifies that he, and Massey, knew what had happened before they got to the ATV. That would, of course, make anything Massey knew nothing more than hearsay.

As we got to the ATV, Mr. Foerster started telling Mr. Massey what had occurred…

Cantu continues, in response to Hagen asking him what happened next:

A As soon as we… Mr. Massey tells me: You know, as far as we’re concerned, nobody was injured. We want to go on our way.

Q Okay. And is there a protocol that you need to follow when an officer discharges a weapon?

A Yes. We need to make notifications. We need to investigate why the firearm was discharged.

Q Okay. Now, at this point in time, did you know whether or not Border Patrol Agent Gonzalez had been threatened or whether or not perhaps Border Patrol Agent Gonzalez had irresponsibly fired upon Foerster? Did you know?

A From what I had gathered, he had fired in — from what Mr. Gonzalez told me. Again, this was preliminary. I was trying to — I had to speak with everyone to figure out kind of what was actually happening, so I wasn’t sure at that point.

***

Q Okay. Did you explain to Mr. Massey — and may I ask you this? When Massey said, “We want to leave,” who was he talking about when he — when he mentioned or by the word “we”?

A Well, Mr. Foerster, Varner and himself were inside the Kawasaki, so that to me told me they all wanted to depart.

Cantu knew that Massey and Varner knew no more than he did. The question involved three people, as Cantu puts it. If the majority should be excluded, reason dictates that he should have said that only Foerster had to remain.

Q Okay. So did you explain to them that an investigation was going to be conducted?

A I did.

Q And how did you explain that to them?

A I told them that they weren’t allowed to leave and that we were going to move to a staging area just further up, which is the — this area right here. My initial thought — and the reason I chose this area was to give us distance from the river that was close by. We moved here to stage the vehicles and kind of get a grip of what actually transpired.

Now, they were not allowed to leave. That means that they are not free to go. However, as explained above, they were being good, State law-abiding, cooperative citizens.

Later in testimony:

Q Okay. Now, did you ask Mr. Massey to provide you with an ID?

A I did, sir.

Q At what point in time did you make that request?

A Our initial encounter, as I approached him with Mr. Varner.

Q Okay. And did — did he provide you with an identification?

A He did.

So, it was when Varner and Cantu met up with Massey that the physical (identification papers, please) ability to leave was removed. This singular act sets the stage for the whole drama of whether it was detention or a Terry Stop.

So, let’s keep the stage set. Cantu has the IDs. Rather than return them he, well:

Q And when Sergeant Valerio showed up, did you provide the IDs from Mr. Massey and Mr. Varner to him?

A Yes, sir. I had not been able — had time to conduct any further investigations on those. When I say that, I mean run records. I mean, normally typically run records when we encounter people. I had not had the time. I was attempting to secure everything that — when Mr. Valerio showed up, I handed him the identifications and kind of gave him the rundown of what had occurred, and he took over at that point.

So, if he gave Valerio the “run down”, the Cameron County Sheriff’s Deputy would know that there were only two witnesses to the shooting.

This is cross-examination by Mr. Sorola, and a repeat of part of Scene 1, and brings in the question posed by the Judge:

Q Okay. Later on do you find out who is shot — who is firing a weapon, a firearm?

A Upon approaching [where] Foerster and Mr. Gonzalez [were], yes.

Q And Agent Gonzalez is the only one that discharged a weapon; is that correct?

A At that point, that’s what I was told, yes.

Q And you were told that by Agent Gonzalez, right?

A Correct. And Mr. Foerster attested to that.

THE COURT: And you said at that time. I mean, nothing subsequent to that time has changed that, have they?

THE WITNESS: No, sir, no. It’s just that —

THE COURT: So as far as you know sitting here today, the only weapon that was shot was — the only weapon discharged was discharged by Agent Gonzalez.

THE WITNESS: Correct.

In confirming (that’s what good attorneys do) that Massey and Varner were detained, Mr. Sorola asks:

Q And this is about 3:45 in the afternoon, correct?

A Correct.

Q Now, you testified earlier that you told Mr. Massey he could not leave the area, right?

A Correct.

Q So he wasn’t free to leave.

A No.

Q He had to stay there.

A Yes.

Q What would you have done had he tried to leave?

A I could have detained — placed him in handcuffs, put him in a unit to secure him to prevent him from leaving the area. But he was being cooperative, and none of that was necessary.

Next, we look at whether there was any reason, at all, to believe that Massey and Varner were complicit, or even aware, of the shooting event — other than having heard the shots.

Q And when the shooting occurred, you didn’t take Mr. Varner’s weapon from him, did you?

A No, sir.

Q You didn’t disarm him?

A No.

Q You didn’t frisk him?

A No.

Q When you encountered Mr. Massey, did you check him for firearms?

A Just the one he was carrying, the longarm, the AK47 weapon.

Q But you didn’t take it from him?

A I did not.

***

THE COURT: Okay. But you had no — you obviously didn’t have any reason to think Mr. Massey was the one that had done the shooting because —

THE WITNESS: No, I —

THE COURT: — you went on. You left him there and went on.

THE WITNESS: Correct.

Here is a rather interesting side note, perhaps a contradiction that has to do with “Officer Safety”. At this time, there are just a few agents in the area. The recipient of the shots fired is still armed, as are Massey and Varner. After additional officers arrive, approaching “between 15 and twenty”, it is determined that the weapons must be “secured”, first to the open ATV, then, later, to the back of the BPS “unit” (why don’t they just call it what it is, instead of government double-speak?)

Q Okay. So Mr. Varner and Mr. Massey just tell you out of the clear blue: We also have firearms on us?

A Yes.

Q And you didn’t see these firearms prior to them telling you?

A I did not.

Q But then are you saying that Mr. Varner then handed you the — the firearm that he had?

A Yes, sir.

Q And what did Mr. Massey do?

A Same thing. They both removed the — their pistols and put them in the back of my unit. The pistols were downloaded and placed there with the remainder — with the other rifles.

Back to the subject of this Act, whether they were detained or stopped. Mr. Sorola still questioning:

Q How long was it that Mr. Massey was not free to leave this area?

A In its entirety, sir, or the investigative agency showed up?

Q In its entirety. From 3:45 when shots are fired, when is Mr. Massey free to go?

A He departed — I’m — I can’t tell you exactly who told him it was — after the investigative agency showed up, they began to interview him. And which agency ultimately told him they were done with their interviews, I couldn’t tell you.

Next Witness, Cameron County Sheriff’s Deputy Daniel Valerio. This will be the handoff of the ID cards, though there arises a question (good memories?) of whether there were two, as Cantu said, or three, as Valerio will testify:

Q Okay. Did you observe or did you meet with an individual by the name of Danny Cantu?

A Yes, I did.

Q And did he provide you with any ID cards?

A Yes, he did, with three ID cards from the persons that were there.

Q Okay. Did he provide you with three ID cards or two ID cards?

A As far as I can remember, it was three ID cards.

Q And soon after arriving, did you request criminal histories and a warrant search on the IDs that had been provided to you?

A Yes, that’s correct.

***

Q All right. Now, did you have reason to believe that Mr. Massey had been carrying a weapon or weapons on that date prior to your arrival?

A Yes, I did.

Q Why did you think that?

A I was informed by the — by David Cantu that this — the suspects, the persons that were there, they were carrying these weapons that he had shown me.

Q All right. Did you — when you first arrived, did you think Mr. Massey had committed a crime? And I’m talking about before you ran the criminal history or anything like that. When you first arrived, did you think he had done anything that — where he should be detained or arrested?

A No. I only had the information on the shooting, but we didn’t know at that point in time what actually had happened.

Q Okay. So if Mr. Massey would have asked you when you arrived at 4:18, told you, “I’m getting out of here,” would you have let him go?

A At that point, yes.

Q Okay. Now, after you learned that he had been in possession of a weapon and he had a felony conviction, did your position change on whether or not you would let him go if he would have asked?

A Yes, it changed based on the information I had and his record and him being in possession. It had changed, that he would have been asked to stay.

Now, wouldn’t the Cameron County Sheriff’s Deputy know that after 5 years, Massey could have a firearm? It is suggested, in other testimony, that he knew. In response to Sorola’s questioning:

Q If I have a felony conviction on my record, is it against the law for me to have a firearm?

A It depends if it’s within five years, sir, or not. That’s something that we would have to further — be further looked into.

So, can there be any doubt, even with the hedging, that Valerio knows what Texas law says.

A Prior to his arrival there.

Q Okay. Now, Mr. Massey had a weapon and a felony prior, but is that why you were out there in the Sabal Palms area, to investigation Mr. Massey?

A No. We were out there for the shooting itself.

Q Okay. And what kind of investigation was conducted by the Sheriff’s Department in connection with the shooting?

A The investigation was at the — who — how it happened, who was the one carrying the weapons also, and who was the one that did the shooting, which was Border Patrol involvement.

Then, we have this:

Q All right. Now, did you speak with — towards the end of the shooting investigation, did you speak with your supervisor to determine whether or not you should return the weapons to Mr. Massey, Foerster and Varner or maintain custody of them?

A That’s correct. I spoke to Lieutenant Diaz. And based on the field investigation, he advised that we were going to collect the weapons. We were going to take custody of them for further investigation.

Q Okay. And was that because of the felony convictions?

A Correct. That’s correct.

Then, Mr. Sorola asks:

Q Sergeant, did you ever get a warrant to take possession of the firearms?

A No, I did not.

Q When you arrived at 4:18, was there any emergency? Was the shooting over?

A That’s correct, yes.

Q Well, when you arrived, the firearms were actually in the possession of Border Patrol, right?

A That’s correct.

Q And when you arrived at 4:18, as far as you’re concerned, Mr. Massey was free to leave?

A That’s correct.

Q Do you know if he was under orders from any other law enforcement not to leave?

A No, I did not. I had no knowledge of that.

Q You don’t know?

A I don’t.

Q But at this time, you have his identification card.

A That’s correct.

Q And you have Mr. Varner’s identification card.

A Uh-huh. Yes.

Q Did you give them back to them?

A After I — after I did the inquiry, yes.

So, there was no justification for the Deputy to retain, or take custody of the firearms — even Foerster’s, as it was clear there was no criminal act on their part. And, they were free to go, if they left their ID with the Deputy.

Next on the stand, David Daniel Cordova, FBI Special Agent, being questioned by Hagen, and who testified that he arrived on the scene at about 6:00 PM, fully two hours after BPS had determined that Gonzales was the only shooter.

Q Okay. Why did you interview Mr. Massey?

A Mr. Massey? At the time it was my understanding that he was a witness to a shooting. A Border Patrol agent had discharged a firearm, and so I needed to obtain the details of what happened.

Q Okay. At that time — did you state earlier that you were investigating a possible assault on a federal agent?

A That’s correct.

Q And were you also investigating a possible assault by a federal agent?

A That is correct.

I suppose that there is a reason that he wanted to investigate the possibility that there was an assault on a federal officer. But, based upon what we know, is it at all possible that the known information wasn’t provided Cordova? If not, why wasn’t he informed what had already been provided by the participants in the shooting event.

Regarding the investigation as to whether there was an assault by a federal agent, we have heard nothing as to the results of that investigation, if it was every completed. Since Gonzales has not been charged with anything,, we must assume that the focus was on Massey, not on the shooter, Gonzales.

Just trying to understand how the investigators and government look at this, I suppose that we could compare it to you being two blocks away from a bank robbery, though you heard shots fired. The government then holds you as a witness, detaining you until they have fully satisfied themselves that, based up the eye witnesses to the account, and extensive, intrusive interviews, they determine that you are now, finally, free to go — subject to subsequent arrest because they have to check with their bosses to see how to charge you with a crime that you didn’t commit –under state law.

Another side note, in answer to another question, Cordova says, about Massey, “I ended up interviewing him along with an HSI agent.” HSI is Homeland Security Investigations, part of US Immigration and Customs Enforcement.

Later on:

Q Do you know if any of the other FBI agents, your supervisor or anybody took any?

A One of our TFOs I believe took some photos.

THE COURT: What’s a TFO?

THE WITNESS: Task force officer.

So, why is a Task Force Officer present during the investigation? The only task force that I can find reference to that might want to be involved is the Domestic Terror Task Force (DTTF).

However, back to whether, or not, Massey was detained, we have the Hagen discussion with the judge:

HAGEN: No. I mean, my understanding, the motion to suppress is that the stop was illegal and that the arrest warrant was based on that, which, you know, my argument would be if Your Honor doesn’t like the stop, there’s certainly a good faith exception that would apply to the arrest and the search warrant wherein ATF agents were not present on the 29th relied on.

THE COURT: What are you referring to as “the stop“?

HAGEN: The August 29th encounter.

So, Hagen has to set the distinction that it was a stop, not a detention. You have read the testimony, and it appears quite clear that Hagen is grasping at straws. However, there is more coming in the next “Scene”.

 

Government was intended to govern the government,

not to govern the people.

 

 

Camp Lone Star – Act Two: The Contradictions; Scene 1: Pointing Weapons, or Not Pointing Weapons?

Saturday, April 11th, 2015

Camp Lone Star – Act Two: The Contradictions
Scene 1: Pointing Weapons, or Not Pointing Weapons?

backward pistol

 Gary Hunt
Outpost of Freedom
April 11, 2015

In previous articles, we have discussed the Criminal Complaint, Arrest Warrant, and Search Warrant. In each of those documents, we have a set paragraph, to wit:

On August 29, 2014, United States Border Patrol Agents from the Fort Brown Border Patrol Station, while in performance of their official duties, encountered an armed individual, identified as John Frederick FOERSTER, in the brush. During this encounter, FOERSTER turned and pointed a firearm at a USBP Agent, who intern [sic] fired several shots at FOERSTER. FOERSTER is a member of “Rusty’s Rangers,” an armed citizen militia group patrolling the border of the United States and Mexico.

In each document bears the signature of “Anthony M. Rotunno, Special Agent ATF”. Below that, it states that it was “Sworn to before me and signed in my presence”, that being signed by “United States Magistrate Judge Ronald G. Morgan”. So, we have Rotunno swearing before Morgan that everything he has said is true. So, let’s see what the story is, now.

Hagen, the Prosecuting Attorney, in giving his response to Sorola’s motion, says:

[T]he way this all came about is there was one agent that was in heavy brush, and he was in hot pursuit of aliens. When he came through a clearing, he encountered John Foerster… Mr. Foerster had a weapon. It was an AK47 type pistol. And when the Border Patrol — and this is probably disputed. I don’t think that Mr. Foerster ever aimed or was planning on shooting the Border Patrol agent. But when the Border Patrol agent came through the brush, Foerster turned in his direction, and he was perceived as a threat by the Border Patrol agent who fired several shots at Mr. Foerster, thankfully missing.

The first witness was Danny Cantu, U. S. Border Patrol. Hagen is questioning him.

Q Okay. Now, at this point in time, did you know whether or not Border Patrol Agent [Marco] Gonzalez had been threatened or whether or not perhaps Border Patrol Agent Gonzalez had irresponsibly fired upon Foerster? Did you know?

A From what I had gathered, he had fired in — from what Mr. Gonzalez told me. Again, this was preliminary. I was trying to — I had to speak with everyone to figure out kind of what was actually happening, so I wasn’t sure at that point.

Well, Gonzales, the only witness to the shooting besides Foerster, made no claim that begins to suggest that the weapon was pointed at Gonzales.

In Hagen’s initial statements, he said, “I believe [Massey] made one res gestae statement in connection with the arrest when he was told that they were going to do a search warrant, and that statement was, ‘There’s another gun in the hotel room, but it’s not mine.'” So, he ‘believes’, based upon something that he didn’t articulate, he makes a claim without foundation, setting the stage for the entire government performance. Perhaps it was Divine Inspiration.

Now, res gestae is a legal term which provides an exception to the prohibition of hearsay, and is met when somebody makes a spontaneous statement, closely connected to an event, before the mind has an opportunity to conjure a falsehood. Hagen perhaps, attempted to lay a foundation that Massey “volunteered” the information about a firearm in the motel room. Perhaps the same applies to the initial interview with Gonzales and the failure to report any instance where Foerster “turned and pointed a firearm at a USBP Agent.”

It also begs the question, why did Cantu state that he had to “speak with everyone”, when the sole shooter had already said that he was the sole shooter?

In cross-examination, Mr. Sorola is questioning Cantu:

Q To your knowledge, at any time were any of those weapons [that were taken from the Camp Lone Star volunteers] fired at this shooting?

A The Winchester (Varner’s] was not, as he was speaking with me when the shots were fired.

Q So at the time of this shooting, do you know who’s discharging what weapons?

A No.

Q Okay. Later on do you find out… who is firing a weapon, a firearm?

A Upon approaching… Foerster and Mr. Gonzalez area, yes.

Q And Agent Gonzalez is the only one that discharged a weapon; is that correct?

A At that point, that’s what I was told, yes.

Q And you were told that by Agent Gonzalez, right?

A Correct. And Mr. Foerster attested to that.

THE COURT: And you said at that time. I mean, nothing subsequent to that time has changed… ?

THE WITNESS: No, sir, no. It’s just that —

THE COURT: So as far as you know sitting here today, the only weapon that was shot was — the only weapon discharged was discharged by Agent Gonzalez.

THE WITNESS: Correct.

So, Cantu knew, the moment that he was able to speak with Gonzales, that no other weapon was fired, except Gonzales’. And, he makes no mention of any pointing or aiming by Foerster.

From that point on, there is no further discussion of pointing because the shooter, Marco Gonzales, after making initial statement, lawyered up, and Foerster has also refused to talk.

Q Okay. Was he [Agent Marco Gonzales, the shooter] going to visit with anybody? Was he going to talk about what happened?

A No. They — we were informed that he was not going to provide a statement out there.

Q All right. And who gave you that information?

A Let me see. Mr. Gerardo Reyes “Rey” Gonzalez.

Q Okay.

A He was the one who informed me that Agent Gonzalez was not going to provide a statement. He was the union leader.

So, though the agents are employees of the Border Patrol, and I’m sure that they are required, as a part of their duties, to file reports on any incidents, especially an officer involved shooting, and the union can “void” that obligation. It kinda makes you wonder who runs BPS — the government, or the union.

Now, since Gonzales has hidden behind the law and his union, it would appear that he has something to hide. Though we have not heard Foerster’s side of the story, he has not been charged with any criminal activity related to the shooting event, only that he was charged, like Massey, with felony possession of a firearm, and has plead guilty to that charge.

Massey is also charged with felony in possession of a firearm and has, rightfully, plead not guilty. He was not apprehended in the commission of a crime, nor did he have any knowledge of any crime, except what he heard during the course of the investigation. He was not even a witness to the crime of the discharge of a firearm by an agent of the government.

So, let’s try to be objective as we look at this “scene”. We have an affidavit, sworn to by Rotunno, in front of a judge. His claims of the weapon being pointed at the Agent flies in the face of what Gonzales and Foerster told the other investigators. Even the prosecuting attorney, Mr. Hagen, says that he doubts that a firearm was pointed at the agent. That was a bald-faced lie on the part of Rotunno, and he was never even at the scene of the shooting. That smells, very strongly, of Perjury.

However, if you lie to a government agent during the course of an investigation, you are subject to 18 US Code § 1001, and subject to 5 years in prison.

Then, we have the only one that committed a possible criminal act who only made some statements to others, before the union got him to lawyer-up.

However, who is the government going after? K. C. Massey, neither Gonzales for shooting at Foerster nor Rotunno for lying in a sworn statement.

It appears that we have returned to that era in history where “The King can do no wrong”. And, the King includes his, not our, public servants.

Government should not be theoretically defensible,

it should be the object of general acceptance.