or
His attempt to remove a crooked judge from his case.
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IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
STATE OF MISSOURI )
Plaintiff )
)
vs. ) Case No. MU0196-049055MR
)
Don Eugene Albright )
Accused/Citizen )
AFFIDAVIT OF REMOVAL FROM CASE
COMES NOW Don Eugene Albright, falsely Accused Citizen, to present and
file this Affidavit demanding the removal of judge Jodie Capshaw Asel
under the provisions of Revised Statute of Missouri 545.660:
545.660. When judge deemed incompetent to try case. -- When any
indictment or criminal prosecution shall be pending in any circuit court
or criminal court, the judge of said court shall be deemed incompetent to
hear and try said cause in either of the following cases:
(3) When the judge is in any wise interested or prejudiced, or shall
have been counsel in the cause; or
(4) When the defendant shall make and file an affidavit, supported by
the affidavit of at least two reputable persons, not of kin to
or counsel for the defendant, that the judge of the court in
which said cause is pending will not afford him a fair trial.
The Falsely Accused Citizen is making the above-mentioned affidavit and
demands that the Boone County Circuit dismiss judge Capshaw Asel as the
result of her ill-concealed prejudice in running a kangaroo court
rubber-stamping police incompetence and misconduct.
This judge has consistently ruled in favor of the prosecutor every time
and she didn't even bother looking at my demurrer before she was ready to
ignore and dismiss it without even bothering to say why. This Falsely
Accused Citizen don't want to have to be locked up in a cage just because
the Falsely Accused Citizen happens to be at the mercy of the capricious
whim of a split-tail judge who wants to play god. So to hell with her and
her whims! This Falsely Accused Citizen wants off this railroading before
the judge can do any more harm and totally booger up the judicial works
due to her incompetence. This Falsely Accused Citizen has a right to a
fair trial and judge Jody Capshaw Asel has demonstrated her incompetence
and prejudice and inability to deliver any such thing.
WHEREFORE, I, Don Eugene Albright, Falsely Accused Citizen, demand that
judge Jodie Capshaw Asel be kicked off this case and someone smarter and
more honest be put in charge of it instead.
___________________________
Don Eugene Albright
Falsely Accused Missouri state Citizen
In Pro-Per, Sui Juris
IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
STATE OF MISSOURI )
Plaintiff )
)
vs. ) Case No. MU0196-049055MR
)
Don Eugene Albright )
Accused/Citizen )
AFFIDAVIT OF REMOVAL FROM CASE
COMES NOW Don Eugene Albright, falsely Accused Citizen, to present and
file this Affidavit demanding the removal of judge Jodie Capshaw Asel
under the provisions of Revised Statute of Missouri 545.660:
545.660. When judge deemed incompetent to try case. -- When any
indictment or criminal prosecution shall be pending in any circuit
court or criminal court, the judge of said court shall be deemed
incompetent to hear and try said cause in either of the following
cases:
(3) When the judge is in any wise interested or prejudiced, or shall
have been counsel in the cause; or
(4) When the defendant shall make and file an affidavit, supported by
the affidavit of at least two reputable persons, not of kin to or
counsel for the defendant, that the judge of the court in which
said cause is pending will not afford him a fair trial.
The Falsely Accused Citizen is making the above-mentioned affidavit and
demands that the Boone County Circuit dismiss judge Capshaw Asel as the
result of her ill-concealed prejudice in rubber-stamping police
incompetence and misconduct.
This judge has consistently ruled in favor of the prosecutor every time
and she didn't even bother looking at my demurrer before she was ready to
ignore and dismiss it without even bothering to say why. This Falsely
Accused Citizen don't want to have to be locked up in a cage just because
the Falsely Accused Citizen happens to be at the mercy of a judge. This
Falsely Accused Citizen wants off this railroading before the judge can
do any more harm to his case. This Falsely Accused Citizen has a right to
a fair trial and judge Jody Capshaw Asel has demonstrated to this Falsely
Accused Citizen's satisfaction her prejudice and inability to deliver a
fair and impartial trial.
WHEREFORE, I, Don Eugene Albright, Falsely Accused Citizen, demand that
judge Jodie Capshaw Asel be kicked off this case and someone smarter and
more honest be put in charge of it instead.
-s- March 20, 1996
___________________________
Don Eugene Albright
Falsely Accused Missouri state Citizen
In Pro-Per, Sui Juris
IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
STATE OF MISSOURI )
Plaintiff )
)
vs. )
) Case No. MU0196-049055MR
)
Don Eugene Albright )
Accused/Citizen )
AFFIDAVIT SUPPORTING REMOVAL
When Don Albright showed myself, Martin Lindstedt, the docket sheet
for the pre-trial conference of March 18, 1996, I asked him what was the
judge’s Findings of Fact and Conclusions of Law on the demurrer presented
earlier that day. Mr. Albright cussed out the judge and her incompetence,
then said that the judge asked what a demurrer was, then went right ahead
and ignored it, but that the prosecutor looked scared.
I told Mr. Albright that if there was no Findings of Fact or
Conclusions of Law entered, it was probably because there were no facts
or law which would support a judge’s conclusion and that if he allowed a
judge to steamroller him, that she would probably go ahead with similar
conduct at the trial. Perhaps it was time to try for a change of judge.
Article V, Section 12 Constitution of Missouri says "The opinions
of the supreme court and court of appeals and all divisions or
districts of said courts shall be in writing and filed in the
respective causes, and shall become a part of the records of the
court, be available for publication, and shall be public
records. . . ."
The present judge, Jodie Capshaw Asel, has violated this article of
the Missouri Constitution and a few other written and unwritten codes of
conduct as well and raised serious questions as to her impartiality.
Motions, petitions, pleas, demurrers, etc., are part of a trial.
Motions and demurrers are pieces of paper that contain facts and
conclusions that can act as a mini-trial. So whenever a defendant submits
a defense and the judge in question overrules or ignores it, without
mentioning why, the defendant’s right to a fair trial is endangered -- by
the judge. By overruling or ignoring motions without comment, the
defendant is enjoined from pursuing an effective defense that the judge
doesn’t want heard. The possibilities for misconduct are staggering,
potentially endless.
Regardless of the possible demerits or deficiencies of the demurrer,
the defendant had a right for it to be heard and ruled upon its merits.
If the present judge had admitted ignorance of the law, then had called
a recess to make and justify a decision, then defendant probably wouldn’t
have a reason for calling for removal. Making snap judgements, ruling by
the seat of her pants, and making up law as she goes along is intolerable
for the pursuit of justice. Like Caesar’s wife, the judicial process must
be beyond reproach. The present judge must be removed and another one
from the circuit be put in her place as the trial on March 20, 1996 is
supposed to be a bench trial. If this bench trial is marred by judicial
misconduct, more taxpayer money will be unnecessarily spent by going
through the appeals process.
On Monday, March 18, 1996, I could not attend because I was trying to
file for Governor on the Libertarian Party Ticket, then working on the
steps to get judicial review of an unConstitutional election law which
unfairly penalized poor people from running as political candidates.
However, just looking at the facts presented on the docket sheet of
March 18, 1996 convinces me that the current judge in Don Albright’s case
is hopelessly prejudiced in favor of the prosecution, unwilling to
entertain any defense motion or petition, and therefore in the interests
of justice should be removed from this particular case. Unlike the
current judge, I hereby present my reasons and conclusions, my findings
of fact and conclusions of law, for the removal of judge Jodie Capshaw
Asel.
Respectfully, but firmly, submitted:
-s- March 20, 1996
Martin Lindstedt -- Libertarian Candidate for Governor of Missouri
Rt. 2, Box 2008
Granby, Missouri 64844
(417) 472-6901
IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
STATE OF MISSOURI )
Plaintiff )
)
vs. ) Case No. MU0196-049055MR
)
Don Eugene Albright )
Accused/Citizen )
AFFIDAVIT SUPPORTING REMOVAL
Whereas in helping Mr. Albright research his case, I, Roman Haslag,
found out by reviewing the docket sheet that judge Capshaw Asel ruled
on the dermurrer without reviewing it. Mr. Albright's demurrer was
researched and presented in good faith and since Mr. Albright relied
upon the points made therein for an effective defense, for the judge to
simply overrule it without bothering to review it is unjust.
Overruling defendant's demurrer without giving defendant a chance to
correct defendant's sole reliance and chance is also unfair.
The judge's past behavior should predict her future behavior. Since
her past behavior has been unjust, her future behavior will be no
better.
Therefore, judge Capshaw Asel should be removed from Don Albright's
case in accordance with RSMo 546.660 (4).
-s- March 20, 1996
Roman N. Haslag, Jr.
c/o 333 Ebenezer Road
Leslie, Missouri
Zip Exempt
IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
STATE OF MISSOURI )
Plaintiff )
)
vs. ) Case No. MU0196-049055MR
)
Don Eugene Albright )
Accused/Citizen )
AFFIDAVIT SUPPORTING REMOVAL
I, William Beeler went down to the Circuit courtroom with Colonel
Don Albright for his pre-trial conference. Don was hoping to have a
chambers call with the judge, but she refused.
I couldn't hear much and Don's hearing isn't much better, but we were
hoping that Colonel Albright would be able to get his demurrer
straightened out while in chambers where it was quiet.
I heard the judge say that she didn't know what a demurrer was. It
was so far away that I couldn't hear what she said, but the Colonel
asked her to speak up because he couldn't hear her either. But the judge
didn't rule on the demurrer at all.
The docket sheet said that she overruled it when she didn't.
The judge also paid no attention at all to the Colonel's quiet title
and sovereignty claims. She hasn't stated why she does what she does.
She just does whatever she wants.
I don't think the judge was fair to Don. I can tell that she will
allow the prosecutor to get away with anything he wants to.
Therefore, I think Colonel Don Albright won't get a fair trial with
judge Jodie Capshaw Asel, so she should be removed from the Colonel's
trial.
Respectfully submitted,
-s- March 20, 1996
William Beeler
3801 Grace Ellen Drive
Columbia, Missouri 65202
(573) 474-5889