On the “How You Can Help” section included on the Free Ademo! post that went up last Monday, we noted that one thing you could do is to send Keene district court judge Edward T Burke a letter to let him know what you think about him ordering Ademo caged for 5,184,000 seconds (60 days) for Ademo’s 40-second outburst.
Julian Heicklen
Below is a letter our friend and super-activist Julian Heicklen just sent to Burke. We thought we’d share it as a good example of the correspondence he’s receiving from those who know that just because someone wears a badge or a robe they don’t have extra rights.
Love Burke to Liberty! Send a principled but firm letter to Burke. Here’s another great example. Every Tuesday Keene-based activist Heika Courser will hand-deliver your snail mail and email messages to Burke. She notes, “Please feel free to write more than one letter. Let’s see how many we can give him every week!” Mail: Heika Courser, 20 Forest St., Keene, NH 03431 Email: [email protected]
Heicklen’s letter:
734 Rutland Avenue
Teaneck, NJ 07666
814–880–9308
[email protected]February 5, 2011
THE KEENE SENTINEL
60 West Street
Keene, NH 03431-0546
Tel: 603-352-1234
Fax: 603-352-0437Re: Judge Edward Burke
Gentle People:
On January 24, 2011, a person was arrested by Judge Edward Burke for disrespect because he was wearing a hat in the Keene, NH courthouse. Does this mean that orthodox Jewish and Sikh men, as well as Muslim women, will not be allowed to wear head coverings in a courtroom, even though their religion requires a head covering as a mark of respect for a higher judge?
This arrest is a violation of religious freedom, as guaranteed by Amendment I of the U. S. Constitution. Must people remove their wigs and head pieces to be in a courtroom? What if a woman is wearing a tee shirt that says “I love everyone.” Can she be arrested for prostitution if she does not remove her tee shirt? I have a tee shirt that says: “Jesus love you. Everyone else thinks that you are an asshole.” Would this be disrespectful of Judge Burke, even though the saying is true.
I find facial hair to be particularly offensive and disrespectful. It indicates a lack of grooming. Particularly disgusting is a mustache, since it collects nose not and partially digested food particles. Anyone with a mustache, such as Judge Burke, should be sentenced to 30 days in prison for each day he wore one in court.
The person arrested for wearing a hat was handcuffed behind his back by several officers, kneed in the head by one, and physically abused by others. Thefollowing day he was brought into the Keene courthouse. He was not representedby counsel in violation of Amendment VI of the U. S. Constitution. Judge EdwardBurke asked him several questions regarding his identity which he was reluctant to answer, as is his right under Amendment V of the U. S. Constitution against self-incrimination. Judge Burke informed the man that if he did not answer the questions, he would be detained in jail indefinitely, a violation of Amendment VI of the U. S. Constitution.
A friend of the defendant was in court and objected vigorously and intemperately. He was sentenced to 60 days in prison for contempt of court. He was not permitted to defend himself or have an attorney. There was no trial nor the possibility of appeal. He was hauled off to prison.
These were not the first abuses by this judge in this court. O n O c t o b e r 1 , 2008 Ian Freeman of Free Talk Live was arrested for refusing to remove a couch from the lawn of property he owned. When he appeared in court he was arrested for not sitting down fast enough after the judge was seated. The judge refused to answer any of Mr. Freeman’s questions.
After being taken into custody Mr. Freeman was brought into another room and the trial was continued. No one besides court officials and Ian were allowed in the room, in violation of Amendment VI of the U. S. Constitution, which requires a public trial. Those who came to observe the trial were able to watch it on a CCTV which they were not allowed to video record. Ian however recorded a portion of the private trial and posted it online after his release. Judge Burke sentenced Ian Bernard (i.e. Ian Freeman) to 93 days in jail for 3 counts of contempt of court (30 days each) and 3 days for refusing to remove a couch from his lawn.
At Dave Ridley’s 2009–04–13 arraignment Judge Burke refused to release Sam Dodson (i. e. Dave Ridley) from jail unless he gave his legal name, in violation of Amendment V of the U. S. Constitution, which permits a defendant to remain silent.
Where does the tyranny end? Judge Burke should be impeached, removed from the bench, and be disbarred. I urge the citizens of New Hampshire to do this. You have my permission and desire to publish this letter. Live free or die.
Yours in freedom & justice,
Julian Heicklen
Organizer & LWRN Host
Tyranny FightersCC: Tyranny Fighters via E-mail
Judge Edward J. Burke, Keene District Court, 3 Washington Street, P.O. Box 364, Keene, NH 03431-0364; Phone: (603) 352-2559
What a wonderful letter, Julian! I am very excited to see this published in the Keene Sentinel, and will also print this out to hand deliver to Judge Burke!
It’s unfortunate, very very unfortunate. I expect the exact same behavior
From the judge during my jury trial in the upcoming months.
They don’t care about the people’s lives they put giant dampers on.
All they see are money signs or whips and chains. Completely unethical and
Unconstitutional. It’s all black and white to them. You are guilty, or you
Should be guilty (apparently that’s enough now) either way you are screwed by
Unjust justice systems.
Once again, habeas corpus is your only remedy? Do you need someone to compose it? Habeas is available to a third-party petitioner.
This is the only way to challenge criminal contempt. I sent him a letter outlining the law.
Not that we needed any proof judge’s are the very definition of political terrorism. But confessions are hard to come by.
Anyhow what I really wanted to bring up this get out of jail free card…
In a contempt proceeding, you have a right to purge and a right to anwser. From what people have said he did apologizes publicly
Quote:
Conclusiveness of Answer. At common law the sworn answer of the accused validly denying the alleged contempt was held absolutely conclusive and entitled defendant to be discharged, and it is held in many cases that, in charges of contempt arising out of proceedings in suits in common-law courts, or in suits cognizable at law, as distinguished from equity, the sworn answer of the contemner, validly denying or purging the contempt, is conclusive.
Also…
Under habeas corpus in Corpus Juris regarding the reviewablity of a contempt charge .
Quote:
The form and contents of the commitment may be looked to, in order to see that it specially and plainly charges the contempt, and is otherwise sufficient to authorize the detention of the prisoner. Where the commitment itself is illegal, relief may be had by habeas corpus, as where essential formalities required to be complied with in the commitment proceedings have not been observed, such as notice and an opportunity to be heard, or where the commitment was made after the jurisdiction of the court to act had terminated or been stayed, or where the term of commitment is unlawful, as where it is indefinite. But a commitment until performance of a condition, such as compliance with the order of court, is not indefinite or otherwise illegal, and a commitment which is merely excessive is no ground for the writ until after the authorized part of the commitment has been served or satisfied. The court will consider circumstances showing that the petitioner is unable to comply with the requirements of the court for default in which he is imprisoned. The court will also investigate a claim that the petitioner has purged himself of the contempt.
YOU CAN’T APPEAL CONTEMPT! Habeas corpus in the only legal remedy.
And just for overkill….
Quote:
Defects (of process) held sufficient to support a writ:
1: Lack of adjudication convicting prisoner of contempt.
and
Quote:
Were a contempt has been purged, the court is without jurisdiction to take further action in or make any further on, the contempt proceeding and a subsequent order
committing the part to prison is without authority of law and utterly void.