In the aftermath of a reported influx of letters by people actually went to law school, JOP Karen Slaughter has reversed her ruling granting Councilman "machine gun" Joe Winslow an order of protection from Desert Freedom Press writer Mike Roth.
The restraining order, which ilegally prohibited Roth from attending town council meetings and took away his gun rights had outraged Americans up in arms. "Machine Gun" Joe has become the source of online ridecule, and the reversal without a hearing is thought to have been a stragetic move to avoid Joe suffering a PTSD breakdown on the witness stand.
Roth's attorney intends to bill Winslow for her hours preparing for the hearing that didn't happen.
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I am glad she reversed her ruling. I'm not a lawyer. But it made as much since if I said I could get a ride to a bank to rob it. If my neighbor gave me a ride. So you better take away my neighbors cars so I can't get a ride. If any gun should have been taken away it should have been Winslow's as he did say he was mentally unstable and didn't know what he would do. I still think his gun should be taken away until an mental evaluation is made on Winslow. Who is liable if Winslow goes postal at a meeting now?
ReplyDeleteWell, it is about time to see the law upheld in Quartzsite. Congratulations Mike, this restraining order was a real horror show. It is painfully clear to see this action by the Justice of the Peace was so wrong on several levels. Ole “Machine Gun Joe” is a very sick puppy and really should get strong intervention.
ReplyDeleteBy the way Joe, maybe the town will have a bake sale to raise the legal fees you will pay to Mike’s lawyer to fight your delusions. Better yet, they can sell copies of the Bill of Rights and part of the proceeds can help you pay for Mike’s lawyer fees. Maybe you can make them more valuable by having the soon to be Former Town Council, Former Town Management and Former Police Chief sign each copy of the Bill of Rights. Probably, the town “lawyer” would advise them not to sign the Bill of Rights because it would mean they would somehow consent and be obliged to actually follow this great American document.
On Monday the thug trio (chief, both town manglers) go before the Judge, national TV and newspapers. They will have some serious explaining to do as to why the Honorable Quartzsite 10 have not been fully reinstated per the Judge’s Order. The accountability to the law does not end at the Quartzsite Town Limit or Entering Quartzsite warning signs. This should be really enlightening to the thugs, to answer to some real “Law and Order” for the first time and for the world to see. I wish them all the success they deserve in court, NONE!
Justice of the Peace, Karen Slaughter, should summarily be tossed out of office and lose her license to practice law for the decision she made.
ReplyDeleteListening to the original charge by Machine Gun Joe Winslow makes it quite plain: He said to her, in video taped testimony, no less, I have PTSD, I went out and bought a 12 gauge shotgun, and so you should put a restraining order against Roth -- for I don't want to be held accountable for my actions!!!
Machine gun Joe's PTSD claim, I would doubt, but uncontrolled insanity, I would believe. I wonder if PTSD is what has affected the whole council? They do certainly seem to be reactionary in recent months....
Correct outcome, except for making Mike Roth whole again. Mike has shown himself to be patient. Credit is due, perhaps, to a justice of the peace who can see her mistake, and correct it. That's the problem we have with our leadership in Quartzsite. Why must they dig, dig, dig their pits deeper and deeper???
ReplyDeleteDouglas Gilford
Nothing happens in La Paz County without a rime or reason. As we know from the sworn testimony of Councilman Joe Winslow that the Town of Quartzsite is targeting their opposition as they have just tried with Michael Roth. Did instructors at the F.B.I. Police Academy unwittingly give Chief Jeff Gilbert their game plan on taking out political threats?
ReplyDeleteHave you viewed that BATF forms required to purchase any weapons? It ask about such things as having protection orders, retraining orders, and the like that can keep you from ever buying a weapon of any kind again for the rest of your life!
Now with each person that they have on their list as a target of opportunity, gets a restraining order, take away their weapons, and with a false arrest for resisting an officer they can wipe out everyone that they fear will bring their corruption to light. At the same time you send a message of fear around the community for anyone that may use their vote against you.
The latest news is alight with more dismissals of criminal charges related to problems with the Quartzsite Police Department. If you get arrested now in Quartzsite, try and find a Judge in La Paz County that will hear it. Thanks to the Quartzsite 10, we now know how Chief Jeff Gilbert is protecting Council Members, Alex Taft, and Al Johnson. How else can you explain having Al Johnson refusing to leave your private property, assaulting your person, and when you call 911, YOU are the one arrested!
Lets face the cold facts. If Chief Jeff Gilbert is fired from his job, his well-documented police actions (viewable across the Internet) will kill any chance of him getting a job in Law Enforcement (other than the TSA). It is my professional opinion that inmate Gilbert (number to be reported later when available) will spend most of the rest of his life in a prison cell thinking, “Was it worth it?”
As someone who has been through an unlawful Injunction, fought an unlawful Brady gun restriction and won, a few points: JP Judge Slaughter failed to uphold the law in the Michael Roth Injunction and should be
ReplyDeleteimpeached.
First, she is not allowed to make up her own law, but did. Specifically, Arizona law requires a "series of acts" before issuing an Injunction. See A.R.S. § 12-1809. A series of acts is defined as "two" in the Arizona Supreme Court's Rules of Protective Order Procedure. JP Slaughter acknowledged this fact while simultaneously acknowledging that Winslow had listed only one act. Yet she issued an Injunction anyway. She did not uphold the law. Hence, a misconduct complaint and impeachment are in order.
Second is the question of "soundness of mind" for an Injunction. A.R.S. § 12-2202 says “Persons who are of unsound mind at the time they are called to testify shall not be witnesses in a civil action.” Mr. Winslow admitted to JP Slaughter that he is suffering from PTSD and seeing a psychiatrist. Therefore, he is not of sound mind and the Injunction should never have been issued. (How did he legally buy a shotgun with a mental disorder?) Again, JP Slaughter failed to uphold the law.
Third, JP Slaughter’s prohibition against firearms is unconstitutional. Specifically, an Injunction against Harassment is a civil matter. It is not a criminal matter like an Order of Protection. The courts (and people) often lump these together, but they are NOT the same.
Firearms can only be prohibited under an OOP, per Brady and the Violence Against
Women Act. See A.R.S. §13-3602 G(4).
In contrast, Injunction law does NOT give a judge the right to prohibit firearms because Brady does not apply in an Injunction. The Legislature does not speak to firearms in Injunction law. (No mention of firearms in A.R.S. § 12-1809.) It is only an internal handbook of the AZ Supreme Court—which is not law—which claims a judge can prohibit firearm possession in a civil injunction. (See AZ Rules of Protective Order Procedure Rule 6, E e 2, on page 20 at www.law.arizona.edu/clinics/child_and_family_law_clinic/ Materials/ARPOP.pdf) But the handbook is wrong. In fact, it does not cite any lawful basis for its Rule (as it does for every other Rule) because there is no lawful basis for their Rule! This makes a prohibition against firearms a violation of the 2nd Amendment to the U.S. Constitution as well as Arizona’s Constitution. JP Slaughter deprived Mr. Roth a Constitutional right.
Note: A petition was filed last year in the Arizona Supreme Court’s public forum to correct this error in the ARPOP. But the State Bar fought it and the Activist Liberals on the Court denied the petition. A Federal Civil Right lawsuit suing the Justices and JP Slaughter is the only way to make the court obey the law and uphold the 2nd Amendment.
visit www.gunowners.org
ReplyDelete:) as it should be
ReplyDeleteWORLD NET DAILY had a story by JEFF KNOX that mentioned this case. Story #331697 at www.wnd.com
ReplyDelete