Don Croft Daily Reports

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Earning Our True Freedom by Increments-
Constantin Ochescu's Contribution

By Don Croft <terminator3@turbonet.com>
http://educate-yourself.org/dc/constanntinochescuscontribution20aug04.shtml
August 20, 2004

As you may have heard, Constantin Ochescu has been 'travelling' freely without registering or licensing his private property (truck) or having a driver license for the past five years in and around Las Vegas. Lots of people do this but you won't have known that unless you're acquainted with one of them personally, most likely. Constantin had invited my wife, Carol, and I to go visit with him and his wife, Lilly, last spring in order to exchange information about our respective activities. They'd built a cloudbuster and were disabling all of the new death towers in the city and surrounding area but wanted some extra protection, as the police had begun following them more than usual.

The appeal contained in this document is just as much for your benefit as it is for theirs, by the way. Are you aware that armed soldiers in full battle dress have been seen and photographed here and there in America, publicly enforcoing alleged laws? This is a grievous violation of our rights, as you can tell.

I know you've seen them in the airports for the past three years and that was the camel's nose in the tent, folks. Now they're showing up on the streets in some communities. I think you know that there are no terrorists threatening our nation besides the employees of the various alphabet soup agencies who make up the Homeland Security Abomination itself. I've been seeing black-suited federal cops for ten years here and there and I'm sure not happy about that. Where do they stay when they're not skulking in unlit alleyways and showing up now and then when we do our gifting expeditions? A fishtank? A cryogenic chamber? Underground?

A photographer friend of ours who covers the Kucinich campaign showed us his photos of military police with automatic weapons standing in front of the entrance of the Fleet Convention Center in Boston during the Democratic National Convention and another friend told me that she was taking coffee and Egg McMuffins to some striking nurses near Detroit when she was accosted by a soldier, dressed in battle gear, who pointed his rifle in her face and ordered her to leave. Maybe you've seen this in your town lately. I know you didn't see any of this on CNN or hear about it on NPR.

By the way, I often 'support our troops!' by publicly encouraging them to arrest the federal government on grounds of treason. They all swore an oath to do that, after all, whenever the Republic is dying, as it absolutely is now. It may be too late for CPR, in fact, which may account for the smell of cheese up close.

All they're waiting for, I sincerely believe, is to hear that from you, too, then they'll feel confident that restraining these criminals in Washington, DC, won't lead to anarchy and chaos. 'God's time is the best time,' though, as the Germans say.

The clear issue here, I think, is that the federal government has already initiated martial law without actually declaring it. They know better than perhaps you and I that if they declare martial law they're going to have an armed uprising on their hands which our military will not be willing or even able to suppress. That would lead immediately to one of two things: enforcement by millions and millions of foreign 'UN Peacekeeping Troops,' or anarchy.

I won't accept either of those options, will you?

It looks like the Las Vegas (the Mafia's privately-owned city, by the way, for now) judges may use the Patriot Act as an excuse to just quietly lock Constantin up forever without ever having formally charged him and we have an opportunity to make this case, through the internet and chatting, into a public issue that can break the back of this treasonous legislation and, perhaps eventually, the figurative backs of even its criminal authors'.

The bottom line is that the Las Vegas Police Department has decided that Constantin's flagrant exercise of his and our birthright flies in the face of their enforcement of the government's assumed ownership and control of private property.

Did you know that the government owns your car, your house and even you and your family and pets? Did you know that this technically makes you chattel? The Uniform Commercial Code, which replaced common law as the basis of our courts in 1932, is set up on the assumption that the population of the united States of America and all private property are collateral for the fake, valueless money that the Federal Reserve Corporation is printing and then 'lending' to this beyond-redemption federal government. State and local governments have no genuine autonomy any more because of the UCC and other betrayals and this federal government has simply been an toadying sycophant of the Crown (the City of London) for a very, very long time.

This isn't conspiracy theory; it's clearly documented fact. Do you believe in non-conspiracy theories, rather? This isn't a stage in human history that favors fantasy, we should realize by now.

The elected County Sherriff is the last vestige of the rule of law in America, so Sherriff Bill Young is the fellow I'd like you to send your post cards, faxes, phone calls and emails to in order to encourage him to exercise his lawful duty and rescue Constantin from captivity, which he can do with less effort than it would take to grab a donut. No disrespect intended, of course.

If Sherriff Young will do this, he'll be a national hero for all people of conscience (the people who actually count in the body politic) and will certainly be assured of being re-elected.

I know a lot of people who have spent years studying the law and recommending very wise and clever approaches for anyone who will assume his or her birthright by exiting the voluntary income tax scheme, gaining true titles for their private property (a 'certificate of title' simply indicates that the Fed is generously letting you use 'their' farm, business, car, house, airplane, RV, yacht, etc.) travel without licenses and registration, etc., but many sovereignty practitioners are now being quietly rounded up by local, state, county and federal cops around the US, in spite of their having successfully tapdanced in front of judges and set free, time and again, without charges whenever they were abducted by benighted police.

The true nature of the Sovereignty Movement is rather better exemplified, I believe, by our courageous friend, Constantin, whose approach now is to simply refuse to sign any documents or voluntarily appear before a judge. He went through all of the legal hoops and performed all of the tricks of the trade to the courts' satisfaction, years ago, but as you can see the cops simply didn't care about that and have gotten too bold lately.

Arresting Officer Kyprios will soon find that this isn't even nearly over for her, by the way, and we need to make an example of her, rather than let her make an example of Constantin. I can tell you that I've never encountered a more arrogant and openly aggressive person than her. I had the distinct feeling that she was looking for an excuse to arrest even me ;-). Everyone who knows me can tell you that I'm as gentle as a baby.

In this wonderful, potent, emerging age, we're all finding that the issue of accountability is coming up more and more in our personal lives. This is one of the inescapable aspects of gaining our freedom and I actually believe that personal freedom and responsibility is being sort of forced on us now by the true Powers That Be, whose handpuppets, the alleged powers that be, sometimes appear to be getting the upper hand, even today. Our clear choice, I think, is to go with the flow and to act more and more from our consciences rather than to attempt to live in denial and be hoisted on our own petards due to our own recalcitrance. Some choice, eh?

I'm ashamed to tell that many of the sovereignty wonks who email to tell me all about how this could have been expedited successfully seem to blame Constantin for not trying one favorite legal trick or another but of course none of them are in jail and most of them have never been to jail for their convictions (so to speak ;-) or alleged convictions.

The only reason I never attempted to travel as Constantin's does is that I didn't want to spend years beforehand, like he did, studying arcane legal documents, abstruse historical protocols and, of course the pre-1921 editions of Black's Law Dictionary in order to do what nature intended, which is to travel without restrictions as long as I wasn't breaking any genuine laws in the process.

I don't know about you, but Constantin's present sacrifice on his own and, ultimately, humanity's behalf has rather given me more hope, instead of less, that we can all exercise this right pretty soon.

Lately, I'm viewing the serried ranks of furtive Sovereignty Bo Jangles with a jaundiced eye. I'm now a lot closer to my goal because I know that this can probably be done boldly and simply, instead. I started toward this goal 8 years ago when I told the IRS, in a certified letter, to take their SSN and put it where the sun doesn't shine. I stopped volunteering to pay those unlawful fedral taxes and silly licenses and bonds some years before that when I had started my own sign painting business.

Since you and I are now fully accountable for our words, deeds, and thoughts, why not also hold Sherriff Bill Young accountable, too, and then, by extension (once Constantin can perform the proper court actions as a free man again) Arresting Officer Kyprios, the few guards in the jail who have been extorting him, the surviving judges who have been trying unofficially to consign him to a mental hospital for the past several days, and anyone else since his abduction on August 5th who, in an official capacity, has violated any of his birthrights.

Accountability is always a good thing when it's been genuinely applied to government officials. The dirty ones are then openly seen as criminals and the borderline dirty ones likely clean up their acts out of fear of retribution.

In terms of unlawful authority, on a scale of one to ten, the Las Vegas Police Department probably rated a nine compared to the rest of the nation for unlawful seizures of property, unlawful deaths, unlawful arrests, etc., and they have been trying very, very hard in recent years to undo this image since they are, after all, the police in 'America's Playground,' and we may look at Officer Kyprios' ill advised abduction of Constantin as simply a step backward in an altogether forward movement toward institutional integrity, perhaps. Let's give them the benefit of the doubt.

I'm not at all advocating that the people of Las Vegas should stand together and put down this institution; rather that Officer Kyprios should be properly punished for abducting Constantin and that the rest who are still willfully involved in his unlawful incarceration, including the judges, should also be made to pay for their crimes in an appropriate way. Note that I'm not calling any of them Mafiosi ;-)

One of the many guards who are kind to Constantin asked him not to sue him when he gets released, by the way. Constantin's a gregarious, essentially peaceful and very witty fellow, after all, and obviously not a lawbreaker. Genuine cops can tell a criminal from a non-criminal at a glance, of course. Ask our good friend, Police Chief Billie.

I believe that the justice rests on two supports: reward and retribution. The proper punishment of transgressors within the police and justice departments will reward the members of those institutions who are virtuous and this organic process I'm advocating is no different from the way we cure diseases in the human body, of course. The aggressive elimination of disease-causing organisms directly results in the expansion of health and vitality.

Many thousands of our happy zapper customers concur. Right, I sell happy zappers ;-)

I can tell you that Detective Steve of the Las Vegas Police Internal Affairs Division was quite solicitous to Carol and I when he took our formal complaints about the way Officer Kyprios treated both of us during and after Constantin's arrest that day and he relayed that directly to Kyprios' supervisor that day.

Notice that I didn't mention the CIA, Homeland Security Abomination or any other unseen hands in this case. It's not that I don't consider them culpable; only that it was Officer Kyprios who did the deed and the judges and guards in the Las Vegas courts and jails who are directly violating Constantin's rights. Let's deal with the ones who are directly accountable. We can get around to dissolving, arresting and punishing the secret police offenders in due course. Without the overt enforcers of treasonous legislation, the covert ones will have no cover at all, which is as nature intended for all bipedal parasites in this emerging age of freedom from tyranny ;-)

Thanks, yet again, Ken Adachi, for putting this appeal on www.educate-yourself.org! Thanks, also, Sherry Swinney, German Georg, Pablo the Argentinian, Monsieur De Bellefeuille, Stan Cayer, Herr Wloka, Sue Potter, Lilly Ochescu (of course) and all of my other extraordinary networking friends who are sharing this appeal with the forward-seeing, very responsible members of their extensive, international internet lists!

Here are the several avenues you can use to reach out and touch Sherriff Young's human heart:

E- mail: OfficeoftheSherriff@lvmpd.com

Telephone: 702 229-3231 (a courteous woman answers this phone during business hours!)
Fax: 702 382-2904

Sherriff Bill Young
Las Vegas Metropolitan Police Department
400 Stewart Avenue, Las Vegas NV
89101-2984

Have some fun with it! Sherriff Young's not a bad guy and he will appreciate getting picture postcards from you and other personal touches, I think. Be as respectful as you would be when contacting anyone of good will, of course.

I want him to experience the effulgent happiness, cordial determination and enthusiasm which I experience in emails from thousands of our cohorts around the world and, by the way, this opportunity isn't just for Americans; it's for everyone. Stopping martial law from being implemented here will pretty much guarantee that you who live in other nations won't ever have to deal with the overt obliteration of all human freedom, either.

Can you tell by now that the transition to a workable, entirely unrestricted global economy (the CIA/MI6's centuries-old dope trade will diminish to almost nothing, of course) and adequately decentralized national governments is only a series of steps away? How about traveling around our lovely planet without passports and visas? That sure appeals to me. Spacemen or angels aren't going to set that up for us, nor would we want them to because anything that's not genuinely earned has no real value for anyone in the long run. We deserve this and we'll earn it.

What better place to demonstrate this principle in a grand way than in Las Vegas, after all?

Now: below is the nitty-gritty info. I saved it for last because, while it validates what I'm asking you to do, you probably already want to do your bit to help rescue our friend from his abductors and to bring yourself one considerable step closer to your own personal autonomy and freedom, no matter what country you're living in.

I sent a notarized, signed copy (the notary at my county courthouse happily did that for me) of the following documents to Sherriff Young this afternoon by certified mail, please note. Tomorrow morning, I'm telephoning his office to report the crime of Constantin's abduction by Officer Kyprios.

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AFFIDAVIT
Statement of facts

1. On the 5 of August around 17:30, Las Vegas Metro Police Officer Kypreos (6272) assisted by D Yong (8252), stopped Constantin Ochescu and myself without a reason.

2. As soon as Constantin Ochescu got off his truck Officer Kypreos handcuffed him without any questions, statements, and reasons whatsoever. Officer Kypreos never told Constantin he was under arrest and never read his rights (Miranda rights).

3. Constantin demanded to see the warrant arrest because he was entitled to, but officer Kyprios who was hiding her badge said that she does not have one. Constantin told officer Kyprios that it is unlawful to be arrested without an arrest warrant. Officer Kyprios replied that she had an electronic warrant. Constantin demanded a physical (legal document) arrest warrant signed by a judge. Then officer Kyprios said that she doesn't have it, the jail has it. Then officer Kyprios said: "I'll take you to jail anyway because you don't have any driver's license and registration".

4. Constantin does not have contracts with the State of Nevada and he cannot be forced to contract.

5. Constantin is held now in involuntary servitude, being unlawfully incarcerated, which is against human rights as of today August 20, 2004 being kidnapped by the Metro Police.

6. Attached there is Exhibit A with law cases: MEMORANDUM OF POINTS AND AUTHORITIES

7. Constantin's privacy statement, signed by the Nevada Secretary of State, will follow separately

8. I, Don Croft, having first hand knowledge, being a witness to Constantin's arrest, acting in good faith, demand Constantin Ochescu's (ID # 913244) immediate release from Las Vegas Detention Center as he is wrongfully incarcerated, kept in involuntary servitude, being against the law.

I, Don Croft, certify under my unlimited liability and my first hand knowledge of the facts, that the statements and facts are true, complete, correct and certain. I speak the truth, the whole truth and nothing but the truth, so help me God.

Don Croft

by ____________________

I certify that the a fore appeared before me in proper character, a Notary Subscribed, Sworn and under Oath this _____________ day ______________ month, 2004.

CERTIFICATE OF MAILING
I certify that a true copy and correct copy of the fore document is placed in the US. Mail Certified this _____day _____________ month, 2004 to the following party:

SHERIFF BILL YOUNG
Las Vegas Metropolitan Police Department.
400 Stewart Avenue, Las Vegas NV, 89101-2984

Don Croft
by ______________________

MEMORANDUM OF POINTS AND AUTHORITIES
FALSE ARREST, KIDNAPING, FALSE IMPRISONMENT, ASSAULT, BATTERY and TRESPASS

1. Arrest is presumed to be false; officer has the burden of proof
The only thing the plaintiff needs to plead and to prove is either (1) that the defendant made an arrest or imprisonment, or (2) that the defendant affirmatively instigated, encouraged, incited, or caused the arrest or imprisonment. Burlington v. Josephson, 153 Fed.2d 372,276 (1946).

When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, "the law presumes it to be unlawful." People v. McGrew, 20 Pac. 92 (1888); Knight v. Baker, 133 P. 544(1926).

"The burden is upon the defendant to show that the arrest was by authority of law." McAleer v. Good, 65 Atl. 934, 935 (1907); Mackie v. Ambassador, 11 P.2d 6 (1932). ( emphasis added ).

"Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid...the burden is upon the state " to justify it as authorized by statute, and as not violative of constitutional provisions. State v. Mastrian , 171 N.W.2d 695 (1969) ; Butler v. State, 212 So.2d 577 (Miss 1968) (emphasis added ).

"As in the case of illegal arrests, the officer ... must keep within the law at his peril." Thiede v. Scandia, 217 Minn. 231, 14 N.W.2d 400 (1944).

2. Must show warrant upon request
"He must show it to the accused, if requested to do so." Smith v. State, 208 S.2d 747 (Miss., 1968).

"If demanded, he must produce the warrant and read it to the accused, that he may know by what authority and for what cause he is deprived of his liberty." State v. Shaw, 89 S.E. 322 (1916).

"An accused person, if he demands it, is entitled to have the warrant for his arrest shown to him at the time of arrest." 42 L.R.A. 682, 51 L.R.A. 211, Crosswhite v. Barnes, 124 S.E. 242, 245 (1924).

"A special deputy is bound to show his warrant if requested to do so, and if he omit, the party against whom the warrant is may resist an arrest, and the warrant under such circumstances is no protection against an action for an assault, battery and false imprisonment." Frost v. Thomas, 24 Wendell's Rep. (N.Y.) 418, 419 (1840).

"It is doubtless the duty of an officer who executes a warrant of arrest to state the nature and substance of the process which gives him the authority he professes to exercise, and, if it is demanded, to exhibit his warrant, that the party arrested may have no excuse for resistance." Shovlon v. Com., 106 Pa. 369, 5 Am. Crim. Rep. 41 (1884)

"It was the duty of an officer who attempts to make an arrest to exhibit the warrant if he has one." Jones v. State, 114 Ga. 79, 39 S.E. 861 (1901)

3. Warrant must be valid

A constable justifying an imprisonment under a warrant must show that the warrant on its face is legal, and that the magistrate had jurisdiction of the subject-matter. 51 L.R.A. 197, Poulk v. Slocum, 3 Blackfords (Ind). 421.
A warrant is regarded as insufficient and thus void if, on its face, it fails to state facts sufficient to constitute a crime. Wharton's Crim. Proc., 12th Ed., vol. 1, p. 152 (1974).

4. No rubber-stamp "signature"
"The United States Supreme Court ... stressed the need for 'individualized review' to avoid the issuance of 'rubber stamp' warrants." State v. Paulick, 277 Minn. 140, 151 N.W.2d 596 (1967).

5. False arrest is assault and battery
"An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right, and only the same right, to use force in defending himself as he would have in repelling any other assault and battery." State v. Robinson, 72 Atl.2d 262 (1950).

"An arrest without warrant is a trespass, an unlawful assault upon the person ... where one is about to be unlawfully deprived of his liberty he may resist the aggressions of the offender, whether of a private citizen or a public officer, to the extent of taking the life of the assailant, if that be necessary to preserve his own life, or prevent infliction upon him of some great bodily harm." State v. Gum, 69 S.E. 464 (1910).

Every person has the right to resist an unlawful arrest ... and, in preventing such illegal restraint of his liberty, he may use such force as may be necessary." Columbus v. Holmes, 152 N.E.2d 306 (1958).

6. No handcuffs

"But a constable cannot justify handcuffing a prisoner unless he has attempted to escape, or unless it be necessary in order to prevent his doing so." 51 L.R.A. 216.

"The handcuffing was utterly unlawful." Osborn v. Veitch 1 Foster & Fin Eng Rep 317

7. Go immediately to magistrate (no photographs, no fingerprinting)

The one arresting has "a duty to immediately seek a magistrate," and failure to do so "makes a case of false imprisonment." Heath v. Boyd, 175 S.W.2d. 217 (1943); Brock v. Stimson, 108 Mass. 520 (1871).

"To detain the person arrested in custody for any purpose other than that of taking him before a magistrate is illegal." Kominsky v. Durand, 12 Atl.2d. 654 (1940).

"Any undue delay is unlawful and wrongful, and renders the officer himself and all persons aiding and abetting therein wrongdoers from the beginning." Ulvestad v. Dolphin, 278 Pac. 684 (1929).

"The taking of the plaintiff's picture before conviction was an illegal act." Hawkins v. Kuhne, 137 NY Supp 1090, 153 App Div 216 (1912).

"The power to arrest does not confer upon the arresting officer the power to detain a prisoner for other purposes." Geldon v. Finnegan, 252 N.W. 372 (1934).

"Compulsory fingerprinting before conviction is an unlawful encroachment...[and] involves prohibited compulsory self-incrimination." People v. Helvern, 215 N.Y. Supp. 417 (1926)

Summary
A warrant must be issued and signed (no rubber stamp) by a judge who has jurisdiction.
It must state the facts showing jurisdiction.
It must be based upon probable cause.
It must name the offense committed.
It must contain an affidavit (under oath) by the accuser, stating facts constituting a crime.
It must name the man/woman to be arrested, or describe him sufficiently to identify him.
The warrant and the affidavit must be shown upon request.
No handcuffs.
The arrested man must taken immediately before a magistrate, and hold him for no other purpose (no photographs, no fingerprinting). You are responsible for everything that happens to the arrested man even if you relinquish custody.
Unlawful arrest is assault, battery & trespass.
There is no immunity in a false arrest case.
Good faith is not a defense.

Sheriff Bill Young
Office of the Sheriff Metropolitan Police
OfficeoftheSheriff@lvmpd.com
Telephone: (702) 229-3231
Fax: (702) 382-2904
Las Vegas Metropolitan Police Department.
400 Stewart Avenue, Las Vegas NV, 89101-2984

Feedback

----- Original Message -----
From: "Constantin O" <count90210@yahoo.com>
To: <Editor@educate-yourself.org>
Sent: Saturday, August 21, 2004 12:11 PM
Subject: Vegas Police site down???

Hi Ken,

Thank you from all my heart for posting Don's reports about my man Constantin Ochescu. I visited Las Vegas Metro Police site http://www.lvmpd.com/, and guess what? It says" The page cannot be displayed" What do you think, are they having "troubles"? ;-)

Hmmmm.. interesting.

Thanks for everything.LOVE...
Lilly Ochescu

----- Original Message -----
From: "Constantin O" <count90210@yahoo.com>
To: "Editor" <editor@educate-yourself.org>
Sent: Saturday, August 21, 2004 3:16 PM
Subject: Re: Vegas Police site down???

Ken,

Their site is back on line now, up and running!!! :-) :-)

Lilly Ochescu

 

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