Jeffrey Weinhaus: Writ of Replevin

missouri-state-highway-patrol-jeffrey-weinhaus-henry-folsom-copblock
Jeffrey Weinhaus was shot in the head, neck and twice in the chest, by Missouri State Highway Patrol employee Henry Folsom

The text below was sent by Jeffrey Weinhaus on Sept. 6, 2012 via email to over two-dozen individuals, including friends, area media, and Henry Folsom, an employee of the Missouri State Highway Patrol (MSHP). 

A couple of weeks prior (Aug. 22, 2012) Folsom had entered Weinhaus’s dwelling and, in addition to taking a small bit of plant substance others have deemed “illicit”, Folsom stole Weinhaus’s computers and other electronic equipment.

Why? Had Weinhaus harmed anyone with his computer? Not at all.

In fact, as he expounds upon, the computer was a tool used to peacefully communicate, to share ideas – in his words, to “point out the injustice and fraud through-out the judiciary.”

Folsom’s theft of Weinhaus’s computer is not a new tactic – throughout history so-claimed authorities strive to silence dissenters.

In the email below Weinhaus demanded the return of his property on or by September 11. Yet on that day, at a pre-arranged meeting outside a gas station in central Missouri, Folsom initiated even more force. Instead of receiving back his stolen property as he thought would happen, Weinhaus received lead from Folsom’s pistol (an incident “investigated” by his colleagues at the MSHP).

Shot four times, Weinhaus recovered, is now caged, and is facing eight threats, including some felonies. The individual prosecuting him – Robert E. Parks – is the same who notarized the search warrant. Hmmm… 

You may not agree with Weinhaus’s tactics or message, but if you believe freedom of speech important, and that aggressors should be held accountable, become familiar with his situation and help where you’re able. I bet if you were in his situation you’d appreciate others doing the same: http://copblock.org/jeffreyweinhaus

-Pete Eyre____________________________

From: “Jeffrey Weinhaus” <bulletinman@gmail.com>

To: “jeffweinhaus” <jeffweinhaus@hotmail.com>, “Valarie Weinhaus” <mom23inmo@gmail.com>, “Mardy Leathers” <clerkleathers@gmail.com>, “maserang” <maserang@hotmail.com>, “Anita Strong Curran” <bttbucb@yahoo.com>, “Harold Hoyt” <hhoytjr@yahoo.com>, “Larry Walther” <l.walther@republicoftheunitedstates.org>, “jeremy kohler” <jkohler@post-dispatch.com>, kirwanstudios@sbcglobal.net, “news ..” <news@sullivanjournal.com>, norabolin@sbcglobal.net, “Brother Nathanael” <bronathanael@yahoo.com>, woundweaver@charter.net, billharlan50@yahoo.com, “miranda bolton” <mlbwhat1212@yahoo.com>, “Richard Bloom” <rbmedia12@gmail.com>

Cc: “Gwen Caranchini” <gwencaranchini@sbcglobal.net>, “Grant Weinhaus” <psalm333@aol.com>, “Joseph Curto” <curtojoseph76@yahoo.com>, “Debbie” <debhefner2417@peoplepc.com>, henry.folsom@mshp.dps.mo.gov, elpage@pagelawfirmllc.com, “AliceJean Logan” <eoliajean@yahoo.com>, “Ed Kendrick” <whole2th@swbell.net>, “Bill Osage Foods” <billd@osagefood.com>, gtlapek@aol.com, “jerry hansen” <jerry509@att.net>, “Mark Hafner Missouri Senator [Private Correspondence to i” <m.hafner@republiccongress.org>, info@kinghamescode.com, “Tim White” <macbikes2002@yahoo.com>, “Theresa Bommarito” <theresabommarito@aol.com>, jimmy@campzoe.com, “Dan Viets” <danviets@justice.com>, “Gr Morris” <grmorris@ymail.com>

Date: 09/06/2012 09:20:06 EDT
Subject: Emergency

EMERGENCY
WRIT OF REPLEVIN/PROHIBITION

Comes now JEFFREY R WEINHAUS, In Rem.

This is a very extraordinary matter before this COURT. Thus the combo writ is presented to the COURT. Petitioner has published a very provocative pamphlet since August of 1996 simply titled BULLETIN. Published now over 5,720 Days without a lawsuit and only 53 Days in Jail. The main focus of Petitioner publication is to point out the injustice and fraud through-out the judiciary. Our goal is the peaceful restoration of the Republic. Petitioner has alleged and maintained that our current Republic form of Government has been overthrown and replaced by some sort of Special Maritime and Territorial Jurisdiction. This is evidenced by the gold fringed flag, the capitalization of parties names and the incontrovertible fact that the Constitution is not applicable in most of the COURT s business. By deception the COURT appears to be waging war on the People. Petitioner is the Democratic Nominee for the office of Coroner in Crawford County. Petitioner is aware of numerous murders committed by members of law enforcement and other suspect deaths by members of the BAR aka ruling establishment. This is Petitioners third attempt at Public Office to counter the overthrow of the Republic. In the year 2000 a run for Sheriff in St. Francois County. Which cost 30 acres, $300,000 and 30 days in Jail. In 2006 Alderman in Piedmont which cost a house, a wife and three children, over $25,000 and 13 days in the Mental Hospital. Petitioner was assaulted by the Baliff of the Court after he insisted that the Court was JUDGE SCHULLER’s . SCHULLER just had Petitioner arrested for contempt of court moments after he recused himself. SCHULLER then signed an order of commitment. Petitioner was also charged with assaulting a law enforcement officer. Keep in mind Petitioner was handcuffed in a chair and had to go to the hospital to get stitched up.

Petitioner ended up pleading to a misdemeanor and had to pay over $750 dollars for board in the Wayne County Jail when I never saw the inside of it. Even though Petitioner could have prevailed at trial they made me an offer that was hard to refuse. Pay us which I did and get out the County. Now this matter is before the Court. The third time let us pray will afford Petitioner Remedy.

Whereas on August 22nd 2012 JUDGE DAVID HOVEN authorized a Search Warrant of the property which is used as the offices of the BULLETIN a newspaper published since August 1996. This warrant was obtained under false pretenses of smelling marijuana after a twenty minute conversation with FOLSOM and was solely designed to deprive Petitioner of Article 1 Section 8. That no law shall be passed impairing the freedom of speech, no matter by what means communicated: that every person shall be free to say, write or publish, or otherwise communicate whatever he will on any subject, being responsible for all abuses of that liberty; and that in all suits and prosecutions for libel or slander the truth thereof may be given in evidence; and in suits and prosecutions for libel the jury, under the direction of the court, shall determine the law and the facts. Petitioner was not arrested and no marijuana was found. See Exhibit A. In order to get replevin of items Petitioner has followed RSMO 533:010 (1) That the Petitioner is the owner of the property claimed, sufficiently describing it, or is lawfully entitled to the possession thereof; DELL Desk Top # GWFSNJI HP PAVILION Desk Top # CN04118963, TOSHIBA Laptop # 93223016W, 2 VIDEO CAMERAS. The above mentioned items were in possession of Petitioner and were seized from same this is fact (2) That it is wrongfully detained by the defendant; Warrant is in direct violation of Article 1 Section 8 of Missouri Constitution has in effect deprived Petitioner of his Free Speech as well as his livelihood as protected by Article 1 Section 2. That all constitutional government is intended to promote the general welfare of the people; that all persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of the gains of their own industry; that all persons are created equal and are entitled to equal rights and opportunity under the law; that to give security to these things is the principal office of government, and that when government does not confer this security, it fails in its chief design. (3) The actual value thereof; Value of Hardware Seized $5,000 usd, Value of Business Expectancy $25,000 + usd, Value of Free Speech, Priceless. (4) That the same has not been seized under any process, execution or attachment against the property of the Petitioner; Addressed above mentioned 5) That plaintiff will be in danger of losing his said property, unless it be taken out of the possession of the defendant, or otherwise secured. The property is lost and is no longer in possession of 2360 HWY K ST. CLAIR MO 63077. The illegal taking of the above mentioned hardware has in effect stopped the press and my ability to preach the gospel of JESUS CHRIST. Thus depriving Petitioner of Article 1 Section 2, Section 8 as well as but not limited too. Article 1 Section 5. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his religious persuasion or belief, be rendered ineligible to any public office or trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his person or estate; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others. The reason this writ should be ordered is to restore confidence in the justice system as well as recognition that the COURT it a Constitutional Court and not some special commercial admiralty COURT thus preempting the removal of consent by the People. Freedom of the press is essential to prevent Plan B from being employed. Primia Facia evidence indicates that a fraud is being perpetrated upon the Court. A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. Fraud must be proved by showing that the defendant’s actions involved five separate elements: (1) a false statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue, (3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the alleged victim on the statement, and (5) injury to the alleged victim as a result All the supporting documents are included and indexed per Court Rule. This Court will note in the application for warrant all the above elements were present.

Therefore good cause being shown Petitioner request that Said Property be returned into the possession of 2360 HWY K ST. CLAIR MO 63077 by the close of Business September 11 2012. In the alternative it will be confirmed that the Constitution of Missouri has been suspended and this body is acting in a Defacto capacity under the color of law and is a fraud upon the Constitution, The People and The Court. Thus is unrecognizable and acting out of it’s capacity and to say the least has failed it’s chief design! Let Petitioner offer a few suggestions. Return to the Common Law. No victim no aggrieved party there is no case. It would also behoove the COURT and BAR to freeze all the foreclosures since the majority of them are unlawful. Simply put when people lose it all and that is when they lose it. These are very perilous times. The USA Supreme Court has held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce. Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts. The only business that is specifically protected by the Constitution of the united States for America is the press. Article 1; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. This filing should be considered as a formal redress of grievance and thus Petitioner seeks immediate remedy from this Honorable (?) Court. Let Petitioner close with Honest Abe Lincoln “We can not absolutely know all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen —and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few — not omitting even scaffolding — or, if a single piece be lacking, we can see the place in the frame exactly fitted and prepared to yet bring such piece in — in such a case, we find it impossible to not believe all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first lick was struck.”. The only injured party so far in this matter is Petitioner, his family and his advertisers as well as the thousands of people who look at the BULLETIN. A free press and freedom of speech are the cornerstone of our Republic and America. Pss 11: 3] If the foundations be destroyed, what can the righteous do? Mark 12: [10] And have ye not read this scripture; The stone which the builders rejected is become the head of the corner: [11] This was the Lord’s doing, and it is marvellous in our eyes? [12] And they sought to lay hold on him, but feared the people: for they knew that he had spoken the parable against them: and they left him, and went their way. It’s real simple return the above mentioned items or it will stand as fact and on the record that the COURT is belligerent. As always time is of the essence.

EPN

Pete Eyre

Pete Eyre is co-founder of CopBlock.org. As an advocate of peaceful, consensual interactions, he seeks to inject a message of complete liberty and self-government into the conversation of police accountability. Eyre went to undergrad and grad school for law enforcement, then spent time in DC as an intern at the Cato Institute, a Koch Fellow at the Drug Policy Alliance, Directer of Campus Outreach at the Institute for Humane Studies, Crasher-in-Chief at Bureaucrash, and as a contractor for the Future of Freedom Foundation. In 2009 he left the belly of the beast and hit the road with Motorhome Diaries and later co-founded Liberty On Tour. He spent time in New Hampshire home, and was involved with Free Keene, the Free State Project and The Daily Decrypt.