DESTRUCTION OF THE FIRST AMENDMENT:
OVER ZEALOUS KENTUCKY STATE TROOPER ARRESTS MAN FOR PASSING OUT VIDEO TAPES
TROOPER SAYS MAN IS GUILTY OF TERRORISTIC THREATS UNDER KENTUCKY LAW 580.08 NAWWW. DOES KEN-TUCK TRAIN TROOPERS IN FIRST AMENDMENT RIGHTS AND PROBABLE CAUSE BEFORE THEY PUT THEM ON THE STREETS? I DON'T THINK SO. BEST FORGET THIS ONE KENTUCKY .
BY BOB FARLEY
COURTWATCHERS SENIOR REPORTER - COURTWATCHERS.ORG
Carpenter Kelly Rushing thought he was doing a good thing when he bought some video tapes from Alex Jones Productions, a firm in Austin , Texas that produces and markets what they call films exposing “The New World Order.” Clearly Jones could
be classified as a Right Wing Conservative for his views on the deterioration of the country under Bill Clinton and others like him. He has a right to do that under our Constitution. Rushing also taped a C-Span show in which Congressman. Ron Paul gave a talk titled Neo-Conned in which he detailed governmental corruption at all levels..
Similarly, Kelly Rushing is no different than many Americans concerned about the direction their country is going and a man who wanted to do something about it if he could. So Rushing bought several of the Jones tapes so he could pass them around to his friends, a practice that Jones encourages on his web site InfoWars.Com where Jones specifically encourages his customers to make copies of his tapes and pass them along to others for “ non profit educational purpose .” Mr. Jones is not greedy in his selling of freedom and democracy and he is allowed to do be that way.
One of the films titled “ 9-1-1 , The Road to Tyranny ” describes a potential Police State and the threat of such a state. Mr. Rushing had already passed the Jones video along to several of his friends, including the Lyon County Prosecuting Attorney, Wendell Chope. PA Chope viewed the tape and returned it to Rushing with the comment that it was “ it was interesting ” and he “ enjoyed it .”
There came a time when Rushing thought it would be nice to give the 911 tape as well as the C-Span tape to local Kentucky State Trooper Lewis Dobbs. Mr. Dobbs is a young State Trooper working out of the Mayfield Kentucky Post in western Kentucky south of Paducah . So Rushing slipped the tape into the Dobbs mailbox one afternoon. Mr. Rushing did not go out “stalking” the state trooper as the trooper seems to believe. He drove past his house nearly everyday and it was well known by many persons where Trooper Dobbs lived.
Rushing pointed out that there was another tape air by C-Span on national television on the same subject, with Texas Congressman Ron Paul and a 45 minutes discussion on the subject of a police state. Rushing had a copy of the C-Span show and he also put that tape into Trooper Dobb's mailbox.
Within a week or two, Rushing was pulled over on his way from work, by Trooper Lewis Dobbs. Dobbs went through the usual procedure, asking for drivers license, registration, etc., after which Trooper Dobbs slapped his handcuffs on him.
Since there was no probable cause as to his motor vehicle operation, Kelly asked Dobbs what he was being arrested for, and Dobbs said, you are being arrested for “giving me that tape. You are being arrested for terroristic threatening.” The trooper also asked Kelly, “Why did you threaten me? ” Kelly answered, “I never threatened you.” In his zeal, Trooper Dobbs never got around to reading the “tape desperado” his Rights.
Sitting in the patrol car, Rushing heard Trooper Dobbs call his wife on his cellular phone to report , “I have captured the tape delivery boy and I have him in my back seat.” Mr. Rushing has told this reporter that a later reply of the troopers tape recorded words during those minutes seems to have been altered in some manner and is unintelligible . Wow! Celebration! Another dangerous desperado is off the streets thanks to Kentucky 's Finest. Thus, did Trooper Lewis Dobbs crush the First Amendment and Kentucky Law that day.
In fact, Kentucky Statute 508.080, the law under which Trooper Dobbs arrested citizen Rushing, has no language in it that even vaguely describes the conduct of Kelly Rushing, passing out patriotic tapes, or tape copies of national TV broadcasts such as Congressman Ron Paul on C-Span. The statute is very short and is copied verbatim as a footnote to this story.
At his first appearance in court, Rushing remained confused and once again asked why he was arrested.
Judge William McCaslin said, “You are being charged with giving trooper Dobbs a threatening video.” Obviously, the good Judge had never read Kentucky law on the matter or he would have answered, “Case Dismissed ” instead. The good judge does have a sworn obligation to obey the laws of Kentucky , including the U. S. Constitution. That day in court, he did neither. In fact, Rushing had also been charged with two counts of menacing which were soon dropped by the same prosecutor who had earlier told Rushing that he had “ enjoyed ” the tape. Rushing was also asked to plead guilty to harassment, an obvious attempt to get Trooper Dobbs out of the tar baby he was stuck in, but Rushing refused to make such a plea and elected to go to trial instead.
In fact, the United States Postal Service does have a regulation that forbids putting uncanceled mail into postal boxes, but such an offense is normally met with only a nasty letter from the Postal Service telling the offender to stop doing that and do not do it again in the future. Trooper Dobbs never reached for assistance from the Post Office.
Kelly Rushing is going to trial Monday, April 12, 2004 at 1:00 PM if the judge doesn't dismiss the case before then. Rushing's attorney Luke Quertermous was unwilling to discuss the case with this reporter except to say it was a First Amendment case and he would give it his best shot.
If convicted, Rushing is faced with a $500 fine or One Year in jail, or both. This
reporter thinks Judge McCaslin should dismiss this atrocity immediately before he is reversed by the Appellate Court and charged with a violation of the Judicial Code of
Conduct, as well. Jones Productions also markets a video titled POLICE STATE 2000 . With these kinds of shenanigans going on, it might be time to send that one to the trooper, the Prosecutor and the Judge too. Everything fine in Amerika?
# # #
Kentucky Statute 508.080. Terroristc threatening in the third degree
Except as provided in KRS 508.075 or 508.078, a person is guilty of terroristic threatening in the third degree when:
He threatens to commit any crime likely to result in death or serious physical injury to another person; or
He intentionally makes false statements for the purpose of causing evacuation of a building, place of assembly, or facility of public transportation.
Terroristic threatening in the third degree is a Class A misdemeanor.
RELATED STORY :
See InfoWars.Com and Courtwatchers.Org for the story of an Alabama Judge who falsely arrested a man for erecting a sign in his front yard. It must be an epidemic that is breaking out all over as is seems that policemen and judges just arrest people they do not agree with, falsely charge them with something (almost anything at all will do) and lock them up. So much for probable cause, the First Amendment and The Fourth Amendment. The 1938 Waffen SS Legal Officers would swell with pride.
THIS STORY RELEASED TO INFOWARS.COM BY COURTWATCHERS ALLIANCE USA