This isn’t about me; this is about the corporate control we were born into – even down to the judicial/legal system. No longer am I able to serve two masters, so I serve God. As a servant of God, a sovereign, a blood of the spirit-blood of the flesh living being on the land - I am unable and unwilling to be the corporate factious person the world created under maritime law to support its fractal banking system here in America, known as USA Inc. or better known as the "emperor"
I am not on trial here; I know who I am and I know what I did and I know that I cannot legally be found guilty as charged. Those who have involved themselves in this child kidnapping under color of law and the effort to cover it up are the ones on trial.
It has been almost two years and Christie still has not been able to get custody of her children back. The prosecutor Jeff Merrell is a liar and a fraud. He stated that if she testified against me then she would have her children. I encouraged her to take this action so she could be free but she has been tormented by being away from her children. My cancer is getting worse and I am unable to breath regularly. I don't feel I have much time left. My dying wish is for her to have her children back.
So much for a spiritual Guru. Tobias Lars is a FRAUD! Christie promoted him on her radio show for years. He made thousands of dollars from her listeners and when it was time to give back, this is what he replies with. Just a bunch of talk and no action. He even denies that she is being stalked.
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“First they ignore you, then they laugh at you, then they fight you, then you win.”: Gandhi
"In a time of universal deceit, telling the truth becomes a revolutionary act" George Orwell
Take no part in the unfruitful works of darkness, but instead expose them Eph 5:11
"...the man who really counts in the world is the doer, not the mere critic-the man who actually does the work, even if roughly and imperfectly, not the man who only talks or writes about how it ought to be done." (1891) Theodore Roosevelt
Great spirits have often encountered violent opposition from weak minds. -- Albert Einstein
Please support Christie. She is being held against her will in the psychiatric ward due to a brain infection. https://www.gofundme.com/ono9uk I am russ dove, a longtime friend of Christie Aphrodite Czajkowski and am asking you to help her through a time of crisis in her life. I have been searching for the truth/Truth for going on 52 years now and 8 years ago I hooked up with Christie as the point man, while I followed, you see because of my outrageous stands against the invasion from the south I had burned all bridges with the people holding positons that were left leaning and we all had to talk together because we all share a common enemy. There is so much I could say in support of Christie, but my reason for writing this is because Christie is in real trouble and will die without our support. Without medical attention Natures or mans she will die, given that fact and that she is and has been in constant extreme pain with little sleep for a month now she is considering taking her own life, given the circumstances it couldn’t even be held against her if she did on the spirit side – that is not what she wants, but what choice does she have. When I listen to her, I feel like I hear Christie saying I see the world for what it really is and I want no part of it. I am in agreement with her and asking you to show Christie that truth/Truth does have value and that all of the hard work she has done in this last 8 years exposing the lies and sharing the truth/Truth has lasting value. Choose to act in support of a courageous warrior, in this battle to discover the Truth and come out of the lie, who is injured. This is real folks Christie did nothing to bring this on herself but to stand up for the truth/Truth and say no I won't live in your deceit. She is one of the strongest spirits I know; has healed herself many times and assisted in the healing of many others directly and indirectly through her spirit/Spirt and Natures Remedies - even in her current situation it is because of her Strong Spirit and her knowledge and application of Natural Medicine that she is still alive, her injury has been fatal to others. The paid stalkers in their slanderous disinformation whisper campaigns, phone calls and internet pages removed her ability to have a job, fact. Now a Brown Recluse spider bit poison has crossed the blood brain barrier and she is suffering from that poisons effects in tremendous pain removing her ability to garden, internet radio shows, video creation and consultations – she has no means or ability to support herself. We have all the faith in the world that with support and time she will recover due to a Strong Spirt and the Healing that God’s Creation, Nature, brings. I don't want to lose the presence of Christie in this world, but I get it and hold no debt against her should she depart the flesh. I have been truly blessed in being around her these last eight years and that I have had the opportunity to do for her what I have done, again more blessings. I cry from my heart for all who have ears, we can't lose this one. What do I get out of this and why am I doing it? Because I want us all to have an opportunity to see the Truth, it is Self-Evident, both within and without. Why is Christie so important to me? Because if she had not been willing to do what she has done, I would not be here I would not have been allowed to get the places that Christie did and would not have come to know what I know, period. I also know that Christie has so much more that she has yet to share that will even make the picture of the world that I now see clearer. Please consider adding your support to her survival, she has so much to offer those in need it would be truly tragic to lose her and the knowledge she has gained in her work, I can back up my claims with documented evidence and there is so much more to this story, but I feel I have used to much space already. You can see her work in the following links: * http://www.mytrueessence.net/ * http://souljourneysradio.com/ * http://forums.souljourneysradio.com/index.php * http://arc.souljourneysradio.com/ * http://truthbrigade.com/radio/ * https://www.facebook.com/pages/Christie-Aphrodite-of-Soul-Journeys-Radio/220899714586984 This is my work in support of my request: * https://www.facebook.com/notes/russ-dove/resume/321616090610 * https://www.facebook.com/notes/russ-dove/community-college-addendum-to-resume/321611920610 * http://truthbrigade.com/TIA/ (this is just a shell, a record of the work I have all of the data on HD or DVD) * http://russdove.com/ * http://soslaws.com/ * http://truthbrigade.com/radio/ * http://arc.souljourneysradio.com/ * http://forums.souljourneysradio.com/index.php * http://souljourneysradio.com/ Thank you for taking the time to read this and for your consideration of my request, may you be a blessed and be a blessing, russ dove
Christie's Youtube channel has been active for six years and they have paid her a total of $512.15. Many Youtubers make thousands of dollars per month but she is being censored. I would like to ask everyone to please make direct donations through Paypal to help her continue her work. She has been struggling to get food and shelter and needs your support more than ever.
Her direct paypal address is truthbrigaderadio@gmail.com
Christie's stalkers have been going around slandering her on forums and accusing me of being a white supremacist. I stand for rule of law and fair borders. My views have never been race motivated. You can leave a comment anonymously on this forum and tell people about Christie's true character. https://www.godlikeproductions.com/forum1/message2552698/pg1?c1=1&c2=1&disclaimer=Continue White supremacist Russel Dove changed his plea to guilty today after maintaining innocence for five years. Former internet radio show host Christie Aphrodite (Christie Czajkowski) of Soul Journey Radio will not have to testify against her accomplice. The charges against Christie Aphrodite was charged with 6 felony child abuse charges in 2008 after her children reported the abuse to Child Protective services. She maintained her innocence until she finally made an arrangement with Jeff Merrel, the Taney County prosecutor. This is not the first time Christie Aphrodite of Soul Journey Radio has witnessed for the state. During her association with the Minute Men, she was responsible for turning evidence over to the San Diego Police Department after her home was raided in 2007 for vandalizing immigrant camps. She again maintained her innocence until it was agreed that charges would not be brought against her for her participation. Russel Dove is no stranger to law enforcement. In Arizona, he was charged with voter intimidation when he was arrested for aggravated stalking brown skinned voters. The Bush Justice Department ordered that the prosecution does not pursue charges against him. Christie Aphrodite of Soul Journey Radio was previously a featured host on American Freedom Radio, owned by Joseph "Danny" Romero. In 2013, Joseph Romero was arrested for manufacturing and distributing narcotics (presumably methamphetamine from his home in Round Rock, TX). He has been incarcerated ever since and currently on trial. Joseph D. Romero was responsible for the arrest of Ed and Elaine Brown during the stand off. Another host of the former American Freedom Radio, Torin Wolf, was later discovered to be an FBI informant and one of the key witnesses against the Browns. Ed and Elaine Brown will spend the rest of their lives in prison as a result. Christie Aphrodite and Torin Wolf are not the only two informants harbored on American Freedom Radio. Pete Santilli, who was recently exposed by Anonymous as being an FBI informant have also been involved. Vinnie Eastwood has been a prominent cheerleader for American Freedom Radio, moving quickly to cover up information as presented in this article over the course of time.
It's a very sad day when patriots are imprisoned for fighting against the system. The owner of American Freedom Radio was wrongfully charged with delivery and manufacturing of heroin. He was blatantly set up for supporting Christie throughout the years. This is clearly an attack by Christie's stalkers in an effort to silence her! They are playing dirty and trying to silence everyone on the station.Danny needs money for attorney fees and commissary. You can contact his attorney Scott Magee at 512-983-1675 and he can make sure you are able to send donations to him. Scott is working hard to free Danny.
For anyone who is following the child abuse charges against Christie and I, the fight is over. I cannot continue to fight a corrupt system. Christie and I were facing up to 20 years in prison and we came out victorious despite our losses. I plead guilty to prevent Christie and her children from having to testify and keep Christie out of prison. I was promised that Christie would be reunited with her children and that is all that mattered to me at the time. I still stand firm in my belief that we did not abuse her children. They were out of control and experimenting with drugs. We disciplined them like any parent would and we restrained them because they were a danger to themselves and others. No crime was committed and we did what we believed were best for the girls. The charges against Christie were dismissed with the stipulation that she would provide testimony. She did and she is free to reunite with her girls again. That is all that matters to me.
Never understood the charges and still does not to this day
Never fully informed on the cause and nature of the charges
Never formally entered a plea
Never received a lawful Information
Still have not received full discovery – never received the
recording of the June 4, 2010 Family Hearing which will show that a conspiracy
developed to shift the charges from the mother to the ACCUSED and Det. Roberts
stating that there was no evidence of Child Abuse
After over three years of demanding discovery I received
enough discovery just over three months ago to find what appears to be the cause
and nature of the charges against the ACCUSED. It took three months to wade
through the mess of mostly non-relevant data that showed the prosecutors
witnesses were less than honest and now you are forcing a trial two weeks
later.
From the start of this matter the ACCUSED has stood on his Constitutionally Protected God Given Rights including a Trial by Jury and have not waved any of his Constitutionally Protected Rights
The MAI-CR is not available to the ACCUSED and the agent for
the ACCUSED cannot afford the services that make them available
Never agreed to a jury trial, but have demanded a trial by
jury all along
The ACCUSED has never formally entered a plea - required by law. The ACCUSED has never received a Lawful Information - the charging instrument and certain information is required by law to be in the information. The ACCUSED has not received full Discovery - requirement of law so that the ACCUSED may prepare a defense against the charges. The ACCUSED demanded a Constitutional Court and had lawful reason to expect that demand be met in that the only contract that the System has with the ACCUSED is an acceptance of their oath to we the people to to up hold our Constitutionally Protected God Given Unalienable Rights that is on file for all elected officials The ACCUSED has not waived any of those Constitutional Rights. And, yet we are scheduled to go to trial on December 9, 2013. I am not concerned about a trial, I have been arguing the case for Truth, Freedom and Lawfulness in many forums and arenas over the last 30 years and have been successful more often then not in winning the argument. What concerns me is what appears to me to be a total disregard for the law and the truth, the confidence and ease with which they speak their lies and their preconceived notion of the forgone outcome of finding the ACCUSED guilty. It is not a problem of naivety that I struggle with, it is that innocence of a belief in justice that I have clung to through the years.
This complaint is filed with the Chief
Disciplinary Counsel against prosecutor, Jeff Merrell for his actions
in the alleged criminal matter before the 38th Judicial
Circuit Court in Taney County Missouri. The ACCUSED, RUSSELL L DOVE
is facing false charges of child abuse and neglect and felonious
restraint. RUSSELL L DOVE is being denied Due Process of law by
prosecutor Jeff Merrell, and otherwise being thwarted in his good
faith attempts to answer those false charges. As a prosecutor, Jeff Merrell is under the
jurisdiction of the Chief Disciplinary Counsel pursuant to the
provisions of the Missouri Supreme Court Rules 4-3.8 Sections (a),
(d) and (f). In the scope of authority of the Chief Disciplinary
Counsel, this complaint involves:
Malicious prosecution as Jeff Merrell
prosecuting a charge that the prosecutor knows is not supported by
probable cause (or substantiating evidence)
Contempt of Court as Jeff Merrell has
twice ignored instructions given to him in court proceedings by
Judge Mark Orr.
Willful and persistent failure to
perform duties in upholding the obligations of his office to see
that the defendant is accorded procedural justice and that guilt is
decided upon the basis of sufficient evidence
Withholding evidence or information
known to the prosecutor that tends to negate the guilt of the
ACCUSED from discovery
Making extrajudicial comments that have
a substantial likelihood of heightening public condemnation of the
ACCUSED.
I. On the issue of Malicious Prosecution
The charges against the ACCUSED, RUSSELL L
DOVE, are related to an incident that occurred on April 12, 2010 that
involved a warrantless, forced entry into the home of RUSSELL L
DOVE’S neighbor, Christie Czajkowski, by Taney County Sheriff
Deputy, Darin Carter, followed by a violent physical assault on Ms.
Czajkowski by deputy Darin Carter. The incident resulted in the
arrest of two neighbors (RUSSELL L DOVE and Brad Ward) on false
charges that witnessed the physical assault on Ms. Czajkowski by
Deputy Darin Carter. In executing the arrest in the course of a
custodial interrogation, Deputy Darin Carter failed to read Ms.
Czajkowski her Miranda rights, or inform here that she was free to
end the interrogation at any time. This was a direct violation of
procedure pursuant to the United States Supreme Court cases U.S.
v. Craighead, 539 F. 3d 1073 (2008) and Miranda v. Arizona,
384 U.S. 436, 444-45, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). These unlawful actions by deputy Darin
Carter were compounded in the removal of Ms. Czajkowski’s
children and termination of her parental rights without legal cause
by Associate Circuit Court judge, James Justus, in an exparte
proceeding conducted without notice to Ms. Czajkowski. As a result of
that illegal proceeding related to the incident of April 12, 2010,
Jeff Merrell has become aware of the huge potential legal liability
to various public officials that acted illegally under the authority
of the State of Missouri (himself included). The outright unlawful
and unethical tactics of the prosecutor in the proceedings of this
matter go to the desperation of the dishonorable prosecutor, Jeff
Merrell, in attempting to conceal the criminal misdeeds of his
office, the Office of the Sheriff of Taney County, and the Department
of Social Services, Children’s Division of the State of
Missouri by railroading the ACCUSED, RUSSELL L DOVE, into prison for
an alleged crime that he did not commit. Mr. Merrell either knew or
should have known that the violent, illegal, and unprofessional
actions of Taney County Sheriff Deputy Darin Carter in committing a
forced entry into the home of Ms. Czajkowski and the physical assault
on Ms. Czajkowski in the course of conducting an “investigation”
were violations of the 4th, 5th,
8th, and 14th
Amendment Rights of Ms. Czajkowski. So it follows that the
subsequent illegal proceedings in violation of the Rights of the
ACCUSED, RUSSELL L DOVE, are being perpetrated in an attempt to
justify the actions of the prosecutor, Jeff Merrell, and the
aforesaid officials of Taney County Missouri against Christie
Czajkowski in order to avoid a potential legal liability to said
officials of Taney County Missouri. By due diligence in the course of conducting
a proper investigation in his official capacity as prosecutor of
Taney County, Jeff Merrell should have ascertained that the
statements of the complaining witnesses were lacking in veracity.
Christie Czajkowski and her neighbor, RUSSELL L DOVE, were
interrogated by Taney County Sheriff department, but their statements
as to the events that occurred were ignored. Ms. Czajkowski’s
other neighbor, Brad Ward, was never interviewed about the incident
of April 12, 2010 by any officials of Taney County Missouri to
ascertain all of the details related to the incident of April 12,
2010. This one-sided “investigation” demonstrates that
the alleged investigation was looking for ways to railroad the
ACCUSED, RUSSELL L DOVE, from the very start. The prosecutor, Jeff
Merrell, acted upon information received from complaining witnesses
of questionable reliability and character living in the same place as
the ACCUSED and the statements of Taney County Official’s of
what they claim the two pre-adolescent children that were rebelling
against their mother supposedly said. In his official capacity as
prosecutor, Jeff Merrell acted upon this hearsay evidence without
bothering to verify any of the information. In this regard, Jeff
Merrell failed to uphold the special responsibilities of a prosecutor
in that Jeff Merrell did not “refrain from prosecuting a charge
that the prosecutor knows is not supported by probable cause.”
Jeff Merrell’s failure to conduct a proper investigation before
bringing charges against the ACCUSED is a clear violation of Missouri
Supreme Court Rules4-3.8, and 4-3.8 (a) as this
constitutes an outright denial of procedural justice to the ACCUSED
and an attempt by the prosecutor, Jeff Merrell, to make certain that
the ACCUSED is perceived as being “guilty” and that the
“guilt” is not decided upon the basis of
sufficient evidence. In pursuing this matter without conducting a
proper investigation, Jeff Merrell is prosecuting a charge that the
prosecutor knows is not supported by probable cause. Furthermore, his relentless pursuit of these
unsubstantiated charges goes to the malicious nature of this
prosecution. Through his actions in the proceedings, Jeff Merrell has
demonstrated his awareness of the fact that he must get a conviction
of the ACCUSED, RUSSELL L DOVE, at all costs in order to justify his
actions against Christie Czajkowski.
II. On the issue of Contempt of Court by
the Prosecutor
In the arraignment hearing of February 16,
2012, the prosecutor, Jeff Merrell was ordered to provide the
ACCUSED, RUSSELL L DOVE, with discovery after the agent for the
ACCUSED cited Pittsv.Williams, 315 S.W.3d 755, 759315 S.W.3d 755 (Mo. App. W.D. 2010). The prosecutor provided a
partial discovery that he presented as being full discovery that
contained 135 individual documents and exhibits. In another
arraignment hearing on June 26, 2013, the agent for the ACCUSED
revisited the issue of discovery as it related to the repeated
insinuations by the prosecutor that the ACCUSED, RUSSELL L DOVE, had
committed alleged sexual offenses for which he had not been formally
charged. After the agent for the ACCUSED cited Pittsv.Williams again, 38th Judicial Circuit Court Judge,
Mark E. Orr, ordered the prosecutor, Jeff Merrell, to give the agent
for the ACCUSED full discovery1.
The prosecutor complied with the order to provide discovery, and this
time the discovery contained 450 individual documents and exhibits.
This was a violation of Missouri Supreme Court Rules4-3.8,
and 4-3.8 (a) as the prosecutor did not accord the ACCUSED
procedural justice and the prosecutor failed to “make timely
disclosure to the defense of all evidence or information known to the
prosecutor that tends to negate the guilt of the ACCUSED or mitigates
the offense and, in connection with sentencing, and disclose to the
defense and to the tribunal all unprivileged mitigating citing
information known to the prosecutor.”
In
another arraignment hearing of May 16, 2012, the agent for the
ACCUSED pointed out the insufficiency of the information, citing
State v. Collins, 154 S.W.3d 486, 494 (Mo.App.2005), State v.
Kroenung, 188 S.W.3d 89, 93 (Mo.App.2006), and Missouri Supreme Court
Rules Rule 23.01 and Rule 23.01(b)(2). Judge Mark E. Orr
instructed the prosecutor, Jeff Merrell to “refile the
information” pursuant to Missouri Supreme Court Rules 23.01
and 23.01(b)(2)2.
In another arraignment hearing of June 26,
2013, the agent for the ACCUSED pointed out the insufficiency of the
information for a second time, citing State v. Collins, 154 S.W.3d
486, 494 (Mo.App.2005), State v. Kroenung, 188 S.W.3d 89, 93
(Mo.App.2006), and Missouri Supreme Court Rules Rule 23.01 and Rule
23.01(b)(2). Judge Mark E. Orr instructed the prosecutor, Jeff
Merrell to “file something more specific on the information”
pursuant to Missouri Supreme Court Rules 23.01 and 23.01(b)(2)3.
The new information that Jeff Merrell submitted was basically the
same information used in all of the previous proceedings with the
only change being two additional names added to the prosecutor’s
witness list. In addition to the obvious failure to obey the order
issued by Judge Orr (contempt of Court) this was another violation of
Missouri Supreme Court Rules4-3.8 as the prosecutor
did not accord the ACCUSED procedural justice4.
III. On the issue of Willful and
persistent failure to uphold the obligations to see that procedural
justice is accord the ACCUSED
In bringing these charges against the
ACCUSED the prosecutor, Jeff Merrell, has from the start of this
matter refused to state the cause and the nature of this action
against the ACCUSED. The ACCUSED was again denied procedural justice
as he was not told the nature and cause of the accusations against
him, until July 24, 2013, although prosecutor had lead the Court to
believe that he had given the ACCUSED full Discovery on February 16,
2012 after an arraignment hearing before Judge Orr. The prosecutor
has also engaged in tactics that are calculated to delay the
proceeding in an attempt to put the ACCUSED at a tactical
disadvantage. The use of this tactic of Oppressive Delay is most
evident in the prosecutor’s denial of discovery to the ACCUSED
for a period of over three years in the course of these proceedings
in violation of the Missouri Supreme Court Rules of Criminal
Procedure 25.01 and 25.02 on discovery and contrary to the
decision in Pittsv.Williams, 315 S.W.3d 755, 759315 S.W.3d 755
(Mo. App. W.D. 2010). This is a direct violation of
the 6th Amendment Rights of the
ACCUSED, RUSSELL L DOVE, and as such is also another violation of
Missouri Supreme Court Rule4-3.8 as the ACCUSED was
not accorded procedural justice. Yet another denial of procedural justice to
the ACCUSED occurred in the initial arraignment proceeding for the
ACCUSED, RUSSELL L DOVE, on February 16, 2012 before the 38th
Judicial Circuit Court of Taney County Missouri, prosecutor Jeff
Merrell, continued to openly violate the 6th Amendment Rights of the
ACCUSED to Due Process of law. In bringing the charges, the
prosecutor, Jeff Merrell tried to slip in four charges that were
previously dropped by Associate Circuit Court Judge, Tony W. Williams
in a pretrial hearing back into the arraignment hearing.5
This maneuver on the part of Jeff Merrell was questioned by the judge
presiding over the arraignment hearing, Judge Mark Orr, and Judge Orr
stated to the prosecutor “I don’t understand what you’re
trying to do.” Judge Orr refused to proceed on the charges in
question, so Jeff Merrell responded that he would “…just
refile them.” This was a violation of the procedure for filing
charges a second time, and a violation of the 6th
Amendment Right to Due Process of Law of the ACCUSED as Jeff
Merrell did not show a good cause nor offer any newly discovered
evidence as justification for his refilling of the charges for a
second time and the ACCUSED, RUSSELL L DOVE, was not informed as to
the nature and cause of the accusations that have been brought
against the ACCUSED for a second time. In his attempt to sneak the
charges that were previously dismissed in the lower court back into
the record of the higher court, Jeff Merrell, attempted to circumvent
the process for the refilling of charges pursuant to the Court
Rules Of The 38th Judicial Circuit, Rule
37.7: 37.7 REINSTATEMENT OF CAUSE. (1) A Motion to Reinstate May be Filed.
Within thirty (30) days from the date of dismissal, an application or
motion to reinstate the case may be filed. Cases will only reinstated
for good cause shown. The attempt by the dishonorable prosecutor,
Jeff Merrell, to slip the four charges that had been dismissed back
into the proceeding was a premeditated act as Jeff Merrell attended
the arraignment hearing of February 16, 2012 intent upon acting on
the charges that had been dismissed6.
In reinstating the charges, Jeff Merrell offered no reason for this
action and did not demonstrate a “good cause” for the
reinstatement of the charges that were dropped by Judge Williams.
That refusal to follow court rules on the part of the prosecutor,
Jeff Merrell, is a flagrant violation of the 6th
Amendment Right of Due Process of law of the ACCUSED, RUSSELL L
DOVE, and as such is yet another denial of procedural justice to the
ACCUSED in violation of Missouri Supreme Court Rule4-3.8.
IV. On the issue guilt being decided on
the basis of sufficient evidence
In analyzing the evidence in the discovery
that was given by the prosecutor it is evident that the prosecutor’s
case is built on hearsay evidence and circumstantial evidence. The
only element that remains consistent in the discovery is that the
allegations brought forth by the prosecutor have consistently changed
throughout the course of this matter according to the needs of the
prosecution at any given point in time. The testimony of the various
officials of Taney County and the Department of Social Services
Children’s Division of the State of Missouri (DSSCD) conflict
with one another and conflict with the video depositions of the
alleged “victims” SK and AD. This was in violation of
Missouri Supreme Court Rule 4-3.8(d) as the prosecutor failed
to “make timely disclosure to the defense of all evidence or
information known to the prosecutor that tends to negate the guilt of
the ACCUSED.”7 Another odd thing has been the removal of
two key witnesses the DSSCD social worker, Emily Nichols, and the
neighbor that originally filed the “anonymous” complaint,
Carissa Bayer. Both of these key witnesses have been removed from the
list of witnesses that the prosecution intends to call to testify
against the ACCUSED. Instead of the key witnesses testifying in the
trial proceedings, the prosecution intends to have other parties
testify as to what the key witnesses are alleged to have told them8.
This is a blatant violation of the 6th
Amendment Rights of the ACCUSED, RUSSELL L DOVE, as this denies
the ACCUSED an opportunity to confront the witnesses against him. The
use of hearsay evidence against the ACCUSED is another count in the
denial of procedural justice to the ACCUSED another violation of
Missouri Supreme Court Rule4-3.8, and Rule 4-3.8(a) as
proceeding on hearsay evidence is prosecuting a charge that the
prosecutor knows is not supported by probable cause.
V. On the issue of evidence or
information being withheld from discovery
Throughout the proceedings of this matter,
the prosecution has sought to apply creative interpretation to the
statutes pertaining to the allegations against the ACCUSED, RUSSELL L
DOVE. The accusations of abuse of a child against the ACCUSED are
ludicrous as there is no evidence to substantiate the charges. Even
more outrageous is the fact that the prosecution has gone to great
lengths to insinuate that sexual offenses were committed by the
ACCUSED again without presenting any evidence to substantiate such
allegations. These insinuations by the prosecutor have continued up
to my last court appearance on July 24, 2013. Evidence of these
outrageous insinuations have appeared nine different times on the
Court docket listed as follows:
Crime Prevention and Control
Programs and Services
Section 589.405
August 28, 2012 Court's duties upon release of sexual
offender. 589.405. Any person to whom subsection 1 of
section 589.400 applies who is released on probation, discharged upon
payment of a fine, or released after confinement in a county jail
shall, prior to such release or discharge, be informed
of the possible duty to register pursuant to sections 589.400 to
589.425 by the court having jurisdiction over the case. If such
person is required to register pursuant to sections 589.400 to
589.425, the court shall obtain the address where the
person expects to reside upon discharge, parole or release and shall
report, within three business days, such address to the chief law
enforcement official of the county or city not within a county where
the person expects to reside, upon discharge, parole or release.
(L. 1997 H.B.
883, A.L. 2006 H.B. 1698, et al., A.L. 2008 S.B. 714, et al.)
Jeff Merrell, made a motion for a “section
491 hearing” in the proceeding of June 6, 2013. Section 491 of
the Missouri Revised Statues also relates to sexual offenses. The
prosecution has not brought any formal charges of sexual offenses
against the ACCUSED, RUSSELL L DOVE, and the prosecution certainly
has not brought forth any evidence of sexual offenses having been
committed by the ACCUSED. This tactic of using the threat of this
charge is an attempt to intimidate the ACCUSED, RUSSELL L DOVE, in
order to bully him into a plea bargain with the prosecutor. The
on-going insinuation by the prosecutor of an alleged sexual offense
having been committed by the ACCUSED, RUSSELL L DOVE, further
confuses the original charges of this matter and is prejudicial to
the ACCUSED in his ability to get a fair trial as this poisons the
pool of potential jurors10.
The confusion created by the use of this tactic serves as a further
violation of the 6th Amendment Right to
Due Process of law of the ACCUSED as the ACCUSED has not been
informed of the nature of these charges and the ACCUSED has not been
formally charged for these alleged offenses. This is another
violation of Missouri Supreme Court Rule4-3.8 as the
ACCUSED, RUSSELL L DOVE, has not been accorded procedural justice in
relation to the repeated insinuations of these charges. This is also
contrary to the decision in State v. Collins, 154 S.W.3d 486, 494
(Mo.App.2005), “[A]s a general rule, due process mandates
that a criminal defendant may not be convicted of an offense not
expressly charged in the information or indictment.” This is
also a violation of Missouri Supreme Court RuleRule 4-3.8
(d) as no evidence or information related to these alleged
charges has been released by the prosecutor to the agent for the
ACCUSED. and Rule 4-3.8(a) as the prosecutor, Jeff Merrell, is
prosecuting a charge that the prosecutor knows is not supported by
probable cause.
VI. On the issue of making extrajudicial
comments that have biased the public in condemnation of the ACCUSED
On January 30, 2012, the folloing report
appeared on the web site of a local Branson, Missouri television
station: UPDATE: Child Abuse Charges Dismissed in
Case Against Former Internet Radio Host
Christie
Czajkowski will testify against her neighbor as part of an agreement
with the state.
January 30, 2012|Greg Leuthen | KSPR News
Producer http://articles.kspr.com/2012-01-30/child-abuse_31007761 TANEY COUNTY, Mo. — A former internet
radio host who was scheduled to go to trial Monday on child abuse
charges will instead testify against her neighbor. Taney County, MO
prosecutor Jeff Merrell tells KSPR the state reached an agreement
with Christie Czajkowski to dismiss all charges against her without
prejudice in exchange for truthful testimony in the state's case
against Russell Dove. In April of 2010, investigators said
Czajkowski asked Dove to tie up her daughters at his house. Police
say dove admitted to tying up the girls and spanking them when their
mother asked him to. The girls were 11 and 12 years old at the time.
Dove is charged with child abuse and felonious restraint. He's
scheduled to be arraigned February 16. This story is written in such away as to
make it appear that the former neighbor of the ACCUSED, RUSSELL L
DOVE, has turned state’s evidence against the ACCUSED. The
story quotes Taney County prosecutor, Jeff Merrell, as stating that
the charges against the former neighbor of the ACCUSED, Christie
Czajkowski were dismissed “in exchange for truthful testimony
in the state’s case against Russell Dove.” The news
report also quotes an unnamed police source as saying that “dove
admitted to tying up the girls and spanking them when their mother
asked him to.”11 The ACCUSED, RUSSELL L DOVE, made no
admission of guilt to any law enforcement officers. The ACCUSED did
make a statement to police in which he gave a truthful account of
what happened, but did not make an admission of guilt to the charges.
The quote attributed to Taney County prosecutor, Jeff Merrell, is a
documented attempt by Jeff Merrell to bias the public in condemnation
of the ACCUSED in order to taint the potential jury pool in Taney
County with another insinuation of guilt that is not substantiated by
evidence. This is a clear violation of Missouri Supreme Court Rule4-3.8(f) as this statement by the prosecutor, Jeff Merrell,
was not “necessary to inform the public of the nature and
extent of the prosecutor's action and that serve a legitimate law
enforcement purpose.” It should be obvious that this
extrajudicial comment will “have a substantial likelihood of
heightening public condemnation of the ACCUSED.” Furthermore,
in his capacity as Taney County prosecutor, Jeff Merrell failed to
“exercise reasonable care to prevent investigators, law
enforcement personnel, employees, or other persons assisting or
associated with the prosecutor in a criminal case from making an
extrajudicial statement that the prosecutor would be prohibited from
making under Rule 4-3.6 or this Rule 4-3.8.” In this
case, the statement regarding an “admission” from the
ACCUSED, RUSSELL L DOVE, attributed to an unnamed police source.
VII. Summary
In summary of this complaint, I have alleged
seven violations of Missouri Supreme Court Rules4-3.8,four violations of Missouri Supreme Court Rules4-3.8(a),two violation of Missouri Supreme Court
Rules 4-3.8(d), and one violation of Missouri Supreme
Court Rules4-3.8(f). I have presented this complaint to
the Chief Disciplinary Counsel against prosecutor, Jeff Merrell for
his actions before the 38th Judicial Circuit Court in
Taney County Missouri in the hope that this Counsel will remind
prosecutor Merrell that he is not above the law, and that in his
capacity as a public official he is held to a higher standard in
regard to his adherence to the law. It is my hope that this counsel
will maintain the integrity and credibility of the judicial system by
administering the appropriate disciplinary action against Jeff
Merrell for his clearly inappropriate conduct in regard to the
handling of the matter of Case No's 10AF-CR01742, 12AF-CR00675 and
10AF-CR01742-01 – State of Missouri v. RUSSELL L DOVE.
______________________________
Russ Dove, acting agent for the ACCUSED. RUSSELL L DOVE
Attached:
First
and Last Information’s given to the ACCUSED
02-16-2012
Charges Filed By Prosecutor Merrell
States
Original Witness List ~VS ~ States Current Witness List
106/26/2013Order State
by P.A.; Defendant appears in person; Motions heard and ruled on the
record; 1. Resubmit: Motion: Demand for Justification of references
to 589.405 heard and overruled. Defendant is not charged with
589.405 offense in this case. 10. Motion for Court Order to Compel
Additional Discovery - State agrees to provide discovery. Hearing
on 491 motion set for 7-24-13 at 1:00 p.m.; Jury Trial 9-23-13 at
8:00 a.m. Judge Orr/ss
205/16/2012
Hearing Continued/Rescheduled Hearing Continued From: 05/16/2012;
10:00 AM Hearing Order State by P.A.; Defendant in person;
State given leave to file Amended Felony Information (filed
4-12-12); 7. Motion to Order Prosecutor to clearly define charges -
Construed as Motion for Bill of Particulars - Sustain Motion, 20
days for State to respond. Set for reappearance 7-5-12. Judge Orr/ss
306/26/2013Order State
by P.A.; Defendant appears in person; Motions heard and ruled on the
record; 9. Motion to Clarify the Charges - Treated as Bill of
Particulars, State to respond by July 11, 2013. Hearing on 491
motion set for 7-24-13 at 1:00 p.m.; Jury Trial 9-23-13 at 8:00 a.m.
Judge Orr/ss
4 First
and Last Information’s given to the ACCUSED
512/15/2011
Hearing Scheduled Associated Entries:01/19/2012 -
Hearing/Trial Cancelled Scheduled For: 02/06/2012; 9:00 AM ;
TONY W. WILLIAMS; Taney Hearing Held Cause taken up for
decision on motion to dismiss, motion overruled. After hearing PH
and considering all of the testimony, the court dismisses Ct's 1, 2,
4, and 5. Counts 3 and 6 are bond over for arraignment. Clerks to
notify Pros. Office and deft and set court date for announcement to
deft and Pros. Office on 2-6-2012 @ 9 a.m. tww/adp
1007/24/2013
Hearing/Trial Cancelled [Sic] Scheduled For:
09/23/2013; 8:00 AM ; MARK ESTLE ORR; Taney Hearing Held
Scheduled For: 07/24/2013; 1:00 PM ; MARK ESTLE ORR; Taney
Order State by P.A. Deendnt [Sic] appears in person pro se.
Defendants motion to quash prosecutors 491 hearing heard and
overruled. Defendants motion to quash 491 hearing for violation of
statutes heard and overruled. Motion to demand lawful information
heard and overruled. Jury trial set 12-9-13 at 8:00am. MEO/sd
11 There
were numerous Media Reports on this case – it appeared that
the media had more information on the case than did the ACCUSED –
All Hearsay based on an analysis of States Discovery. -
http://russdove.com/LeaveChristieAlone/?cat=7&paged=2 and
http://russdove.blogspot.com/2012/02/02-13-2012-controlling-news-local.html
Page 8
of 8
I will finish formatting this document and code the links for a full view of this complaint ASAP.
The .PDF's and .MP4's are large files see file sizes in the Index or at the bottom of the Intent Document.
I've heard it said that Discovery is a Bitch - interesting what this Discovery puts on the line - Taney County's Actions from this point on well answer the question, "Does the Law matter or is it true that the Courts have become a Private Cult known only to Judges, Prosecutors and Attorneys?" We will see.
“In Kyles v. Whitley, 514 U.S. 419, 437, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995), the Supreme Court held that ‘the individual prosecutor has a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police.’ ” Id. at 54-55 DISCOVERY IS A BITCH
The last round of Discovery given to me by Prosecutor Merrell on July 24, 2013, was the proof I required to show that crimes were committed against the girls, their mother, the other neighbor and the ACCUSED. At this point the only one I can legally speak for is the ACCUSED. I will take these charges to the Federal Court in the forum of a Title 42 USC Section 1983 Denial of Rights Under Color of Law lawsuit for violations of the 4th and 6th Amendment Rights of the ACCUSED. This is the 1st Notice on the parties I can show damaged the ACCUSED in their criminal actions under color of law.
For three years I have stated that I did not know the Cause and Nature of the charges against the ACCUSED, RUSSELL L DOVE. For three years I have demanded that Discovery be provided and that the Criminal Information be made clear that I might know the Cause and Nature of the charges against the ACCUSED.
The Limited Discovery provided to me by Prosecutor Merrell on behalf of the ACCUSED on February 16, 2012, had a lot of repeated information in it, but really nothing on making clear the Cause and Nature of the charges.
Finally on July 24, 2013, Prosecutor Merrell handed me a DVD and on that DVD I discovered the seeds that created the current cause against the ACCUSED, the Cause and Nature of the charges. The documents I speak of were created in April, May and June of 2010, why did it take Prosecutor Merrell three years to give them to the ACCUSED?
I still don't understand the charges against the ACCUSED, I've never been good at understanding lies beyond those lies that I wanted to hear and then I found a way. I wonder if Judge Orr understands the charges against the ACCUSED? Better yet; I wonder if Prosecutor Merrell understands them?
Up until now all I have had is hearsay testimony of what went down behind the scenes to bring me before the Missouri 38th Judiciary, nothing I could sink my teeth into and nothing I could fight but shadows. This is the reason that my motions have been vague. Now within the fullness of the current Discovery I have; I can show the crimes committed against the girls, their mother, the other neighbor and myself, agent for the ACCUSED.
Very Interesting!!!!!!!!!!!!
P.S. Really? 3 years to get Discovery and the Criminal Information is still in violation of the RSMo requirements and rulings of the Higher Courts. It looks an awful lot like Deprivation of Rights Under Color of Law to me.
In the Missouri 38th Judicial
Circuit Court, Taney County, Case No. 10AF-CR01742-01, before Judge Orr to be
read into the record July 24, 2013.
I need to clear up a
few things here for the Record:
I am russ dove and have been living as russ dove for 30 years.
I am a Genesis One man;
a blood of the Spirit, blood of the flesh man on the land and draw my authority
to stand on the land from the Word of God:
Gen 1:27So
God created man in his own image, in the image of God
Gal 2:20I
am crucified with Christ: nevertheless I live; yet not I, but Christ liveth in
me: and the life which I now live in the flesh I live by the faith of the Son
of God, who loved me, and gave himself for me.
Joh_1:12But
as many as received him, to them gave he power to become the sons of God,
I am a sovereign
Black’s Law Dictionary 4th
Edition 1951 page 1568: defines a SOVEREIGN in part as: A person, or other ruler with limited
power.
Title 42
U.S.C. Sec. 1983, Wood v. Breier, 54 F.R.D. 7, 10-11 (E.D. Wis. 1972); and
Frankenhauser v. Rizzo, 59 F.R.D. 339 (E.D. Pa. 1973) "Each
citizen acts as a private attorney general who 'takes on the mantel of
sovereign."
Afroyim
v. Rusk, 387 U.S. 253 (1967). “In the
United States the People are sovereign and the government cannot sever
its relationship to the People by taking away their citizenship.”
I am an Agent of non-compliance/non-consent with
prejudice, and under duress appearing from the land in a special appearance to
ascertain the cause against the ACCUSED, RUSSELL L DOVE and seek a lawful resolution
founded in justice:
Black’s Law Dictionary 2nd Edition 1910 page 703:
defines LAWFUL as,
Legal; warranted or authorized by the law; having the qualifications
prescribed by law; not contrary to nor forbidden by the law.
Black’s Law Dictionary 2nd
Edition 1910 page 1027: defines RESOLUTION as, The determination or
decision, in regard to its opinion or intention, In practice. The judgement of a court.5 Mod.438; 10 Mod. 200.
Black’s Law Dictionary 2nd Edition 1910 page 682:
defines JUSTICE as. v. In old English practice, To do justice; to see justice
done; to summon one to do justice. JUSTICE, n.In jurisprudence.The constant and
perpetual disposition to render every man his due.
I
am not a corporation
Black’s Law Dictionary 4th
Edition 1951 page 409: defines CORPORATION as. An artificial person or legal entity created by or under
the authority of the laws of a state or nation, composed, in some rare
instances, of a single person . . .
I am not the party of accommodation
This is not a defense, it is simply who I am
and as a sovereign I have certain unalienable rights; including the right to
demand that the laws be followed in this matter.
RUSSELL L DOVE, the
ACCUSED, is the name given to the Corporate Fiction by way of the system and
proceeds Sui Juris, un-represented and not Pro Se, re-presenting itself.
That my demands, for
cause against the ACCUESED be heard in an Article III; Constitutional Court,
were ignored even though the ACCUSED does have a contract with you Judge Orr, where the ACCUSED accepts your Sworn Oath to
the people of Taney County, Missouri, to up hold the Supreme Law of the Land,
the Constitution and the Constitution of the Great Sovereign State of Missouri;
the ACCUSED has the same contract with the Taney County Prosecutor, Sheriff and
Court Clerk, there was a reasonable lawful expectation that you would do your
best to meet that demand. I let myself believe that you might attempt to comply
with my demands; I found out just how wrong I was on June 26, 2013.
I’m still reeling
from the fact that this court feels it has the authority to overrule rulings of
a higher court. You tell me that you will hold me to the same requirements of a
lawyer/attorney, even though the higher courts have ruled otherwise. Prosecutor
Merrell tells you that he wants the full rights that the law allows him to
prosecute the ACCUSED. So, as agent for the ACCUSED, I demand that you both
follow the law, the rules and procedures that govern your respective positions
of authority and that you provide agent for the ACCUSED the time to introduce
his arguments and the laws that support those arguments into the Record. To do
anything less would be to darken the purity this court is meant to represent.
The
Right to be Heard is secured in Rule 2:
Rules Governing the Missouri BAR and the Judiciary
Code of Judicial Conduct :2.03. Canon 3.
(7) A judge shall accord to every
person who has a legal interest in a proceeding, or that person's lawyer, the
right to be heard according to law.
There
is no provision in law for local customs
I therefore demand that at a minimum you abide by the very
same statutes you use to charge the ACCUSED and that you operate within the
established Rules and Procedures that govern your positions of power given to
you by We the People.
In the Missouri
Constitution, Article II § 14 ~"That the courts of justice
shall be open to every person, and certain remedy afforded for every injury,
property or character, and that right and justice shall be administered without
sale, denial or delay."
In Miller v. U.S. 230 F 486 at 489 (5th Cir. 1956) "The claim and exercise of
a constitutional right cannot be converted into a crime."
Owens v. City of Independence, 100 S.Ct 1398
(1980)"The
innocent individual who is harmed by an abuse of governmental authority is
assured that he will be compensated for his injury."
I want to remind Prosecutor
Merrell of has lawful duties and responsibilities to the ACCUSED
RULE 4-3.8: SPECIAL RESPONSIBILITIES
OF A PROSECUTOR
The prosecutor in a
criminal case shall:
(a) refrain
from prosecuting a charge that the prosecutor knows is not supported by
probable cause;
[1] A prosecutor has the
responsibility of a minister of justice and not simply that of an advocate.
This responsibility carries with it specific obligations to see that the
defendant is accorded procedural justice and that guilt is decided upon the
basis of sufficient evidence. Applicable law may require other measures by the
prosecutor and knowing disregard of those obligations or a systematic abuse of
prosecutorial discretion could constitute a violation of Missouri Supreme Court
Rule 4-8.4.
McCurdy v Montgomery County,
Ohio, 240 F.3d 512 (6th Cir. 2001). “Government officials in general, and police officers in particular, may not exercise
their authority for personal motives, particularly in response to real or
perceived slights to their dignity. Surely, anyone who takes an oath of office
knows - or should know - that much."
Levine v. United States, 362 U.S. 610, 80 S. Ct.
1038 (1960) “The Supreme Court has ruled and has reaffirmed the
principle that “justice must satisfy the appearance of justice.”
Howlett v. Rose, 496 U.S. 356
(1990).“Federal law & Supreme Court
cases apply to state court cases.”
I want to remind you, Judge Orr of your lawful duties and
responsibilities to the ACCUSED and his agent:
Rule
2: Rules Governing the Missouri BAR and the Judiciary Code of Judicial Conduct
Rule 2.02 (h & p) of
the Judicial Code of Conduct defines the words “law” and “shall” as follows:
"Law" denotes court rules as well as
applicable constitutional provisions, statutes, ordinances and decisional and
other law.
"Shall" or "shall not" intends to
impose binding obligations the violation of which can result in disciplinary
action.
2.03. Canon 2. A Judge Shall
Avoid Impropriety and the Appearance of Impropriety in All of the Judge's
Activities
A.
A judge shall respect and comply with the law and shall act at
all times in a manner that promotes public confidence in the integrity and
impartiality of the judiciary.
2.03. Canon 3. A Judge Shall
Perform the Duties of Judicial Office Impartially and Diligently
(2)
A judge shall be faithful to the law and maintain professional
competence in it. A judge shall not be swayed by partisan interests, public
clamor or fear of criticism.
(4)
A judge shall be patient, dignified and courteous to litigants, jurors,
witnesses, lawyers and others with whom the judge deals in an official capacity
and shall require similar conduct of lawyers and of staff, court
officials and others subject to the judge's direction and control.
(5)
A judge shall perform judicial duties without bias or prejudice. A
judge, in the performance of judicial duties, shallnot by words
or conduct manifest bias or prejudice, including but not limited to bias or
prejudice based upon race, sex, sexual orientation, religion, national origin,
disability or age, and shallnot permit staff, court officials
and others subject to the judge's direction and control to do so.
(8) A judge shall dispose of all
judicial matters promptly, efficiently and fairly.
The Sheriff is the
final Constitutional Authority and in an Executive Branch position not bound by
or to the Judicial System
Bailiffs are Sheriff’s
Deputies and all have sworn to uphold the Supreme Law of the Land, the Constitution
and the Missouri State Constitution and abide by the laws.
The charges against
the accused are without merit
Given that there is no
physical evidence only circumstantial evidence and the two(2)
eye witness in two(2) separate accounts on the record collaborate the accused’s
defense there is no lawful reason to continue this matter. All other witnesses
for the state should be excluded as hearsay and or improper bolstering.
Constitutional
violations have occurred
No Due Process
No True Probable Cause
Jurisdiction has been
challenged
"Jurisdiction, once challenged, cannot be
assumed and must be decided." Maine v. Thiboutot, 100 S. Ct. 250
The defense
stipulates that SK and AD were restrained with rope once in early February 2009
as a disciplinary act.
The legal question
here is; was a crime committed and did the ACCUSED violate the statues as
charged?
The statutes must be applied as written and have no need of
interruption.
State v. Rowe, 63 S.W.3d
647, 649 (Mo. banc 2002).“Courts apply certain guidelines to interpretation, sometimes called
rules or canons of statutory construction, when the meaning is unclear or there
is more than one possible interpretation.”
Id. (citing State ex rel. Mo.
Pac. R.R. v. Koehr, 853 S.W.2d 925, 926 (Mo. banc 1993)). Whenthe wording of the statutes is clear a different standard applies.
“When the words are clear, however, there is nothing to construe beyond
applying the plain meaning of the law.”
Requirements of a crime
Actus
Reus (Guilty Action), Mens Rea (Guilty Mind), Concurrence, Harmful Result and
Causation
It is incumbent upon Prosecutor Merrell to prove all four
elements of the crimes charged beyond a reasonable doubt.
State v. Barnes, 245 S.W.3d
885, 889 (Mo.App. E.D.2008). “The State has the burden to prove each and
every element of a criminal case.“
Unless New Discovery
produces some physical evidence the trial you have planned can be no more than
a he said they said affair and in that case the character of the witnesses
involved is the only thing that can be judged. That fact alone makes that any
conviction handed down would fall short of the “beyond a reasonable doubt” required
by law in a criminal court
This is a criminal matter that is not to be
judged on emotion based on what you think you see or you think might have
happened it is about the facts and what the facts say did happen.
