Christine Trial A Sure Thing
Monday Press Conference In Portland
By Edgar J. Steele
Published 04. 27. 02 at 22:00 Sierra Time
ROSEBURG, OREGON - In 60 hours, Brian and Ruth Christine go on trial for allegedly kidnapping their own children back from Oregon's Services to Children and Families (SCF) agency.
Last minute negotiations with the Douglas County Assistant District Attorney late on Friday failed to yield any progress on a plea bargain for either parent. "He still wants them to go to prison for 7-1/2 years each for what amounts to nothing more than misdemeanor custodial interference," said Edgar J. Steele, attorney for the Christines.
Ruth Christine will be in Portland on Monday, to do a live interview on KATU TV, ABC's Portland affiliate. KATU will also tape an extended interview for later use and have agreed to make copies of that tape available to all members of the media, upon request, per Mrs. Christine's request, so as to lessen the need for her to participate in pretrial media hoopla.
Steele noted, "We will be finished at KATU at about 12:30 pm. At 1:00 pm on Monday, April 29, Mrs. Christine and I will hold a press conference on the sidewalk in front of KATU's Portland station to accommodate members of the media who have requested an opportunity to meet with Ruth face to face. We will take as long as necessary to satisfy those who come, up to two hours in length, when we really must leave to prepare for trial the following morning." The station is located at 2153 Sandy Blvd., Portland.
Ruth Christine and her attorney recently appeared on ABC's Good Morning America and NBC's Today Show, to state their case directly to the American public. "People have got to wake up and realize what is happening right here in America," said Steele. "While they worry over noncitizens' rights in Military Tribunal trials, far worse things are done to our friends and neighbors in these secret child custody proceedings."
"Given the piling on of charges against the Christines, as evidenced by the recent additional "Secret Indictment" of Ruth," said Steele, "this case has become the poster child for why Measure 11 should be reversed in the fall elections this year."
At a hearing last month before William Lasswell, judge of the Douglas County Circuit Court, bail for Ruth Christine was cut from ,000 to ,000. The judge declined to reduce Brian Christine's bail of over ,000. Ruth was bailed out about two weeks ago.
Ruth and her husband Brian have both been held under bail amounts set well beyond their ability to raise for over six months, while they awaited trial on a myriad of Class 1 felony charges for taking their own children back from Oregon's child services agency last year and fleeing the state. Brian allegedly used a revolver in forcing state employees to hand over his three daughters.
Steele previously had been instrumental in keeping the couple's newest baby, Abbey Rose Christine, from being adopted out by Oregon along with their three oldest daughters, by appearing in a Montana court and persuading the judge to give the baby over to Brian's mother in a guardianship. Teri Christine lives in Indiana and has also been named guardian by an Indiana court of the couple's fifth daughter, Olivia.
"Oregon's SCF (the child services agency) was apoplectic after that decision in Montana," said Steele, "and vowed a scorched earth campaign against Brian and Ruth regarding their three oldest daughters, who had been returned to SCF when they were arrested in Montana while fleeing." That, together with the promise of a reasonable plea deal and the assurance that the three girls would be given to Ruth's parents for adoption, was what led the Christines to sign over their parental rights recently.
Immediately upon Steele's reentry into the case, Oregon cut off all funding for public defenders, investigators and expert witnesses, without giving a reason. Steele is serving pro bono, meaning without pay.
Contact: Edgar J. Steele, Attorney at Law
tel: (208) 265-4153 fax: (208) 265-5329
102 S. Fourth Ave., Suite C
Sandpoint, Idaho 83860
email: steele@plainlawtalk.com (best contact method)
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http://www.sierratimes.com/02/04/28/ares042802
May 1st Update on 'Trial', if I may use the term loosely, as constitutional rights are violated before the eyes of the public...going unnoticed by ignorant on lookers.
A Voice for Children says:
The STATE is proceeding in unconstitutional statutory PROCESS against Parents / Todays Oregonian article follows....
(Compiled from eyewitness courtwatchers testimony of proceedings by D. Michaels and W. Gaston)
Roseburg, Oregon - May 1, 2002 - The "trial" against Brian and Ruth Christine went into its second day today, without yet seating a jury.
Today the court heard pretrial motions to supress evidence falsely and unlawfully obtained against the Christine family. Todays testimony was with Brian and Ruth Christine, and District Attorney Dan Evans, and officers including officer Blaich.
An amendment is being filed today into the Mandamus in the case, outlining that the court is blatantly proceeding in fraud and an unconstitutional process even as we are all watching. The Amicus filed last Friday into the Oregon Supreme Court sets forth the outline of the fraudulent process in which the STATE intended to proceed. AND NOW THE VIOLATIONS AND DEPRIVATIONS OF RIGHTS ARE HAPPENING.
The Christine's defense attorney, Edgar Steele, STILL does not have a witness list describing who or what he is to be prepared to defend against, yet the trial is proceeding. According to any lawful process a complete witness list is to be provided at least ten days previous to any trial, or the trial must be postponed or dismissed. Last year a case was reversed on apppeal for this violation of the rights of lawful process against the People. This is called proceeding without discovery and even in statutory "jurisdictions" is not allowed.
According to lawful process Christine's defense attorney must know who is going to take the witness stand, what they are going to say and any exhibits that the prosecution intends to enter into evidence - ALL DISCLOSED TEN DAYS AHEAD AT LEAST.
These have not yet been provided yet the judge is allowing the STATE to proceed in this fraud.
The "court" that we are watching is NOT A COURT AT ALL ....the courts themselves and bar members in the attorney generals office call this a"quasi judicial administrative proceeding". To see this is VERY important in learning how to see for yourself the incredible word and process games they play and the reasons they do it.
Yesterday, the first day, after the Mandamus was filed and derailed the STATE course of action, the trial was postponed. Also, the charges against Brian and Ruth Christine for kidnapping their children were dropped. The STATE is now in damage control mode, the usual plan of action being diverted. They will regroup, and are, but these violations are being chronicled in this Mandamus for appeal, and accountabilily. Usually this rendering is not seen publicly, but this time the acts of the people in these offices who are criminal public servants are going to have to operate in the LIGHT of PUBLIC SCRUTINY and the scrutiny of the HIGHER COURTS. The STATE now is proceeding with the kidnapping saying the victims are the caseworkers instead of the children. This is NOT the same indictment now that went before the Grand jury to proceed against the Christines. The STATE cannot "alter on its own motion" the moving elements, at whim and completely unsupported. The Court cannot lawfully proceed in this manner.
The testimony today was on a motion to supress filed by defense attorney Steele. Also filed is a motion to prevent the STATE from forcing the children to testify against their parents. The children have been flown to England and now back from England in the last month for this prosecution. Steele argued not only is the childrens testimony tainted from two years of foster home influence, it is exceedingly abusive to place a child in a position wherein their testimony could be used to send their parents to life in prison. This is typical of the child services and the courts to exploit children and families in any way to protect the state interest/money.
Today, as the officers "took the stand" the judge said "do you swear to tell the truth - raise your right hand". He did NOT say the lawful oath which is "UNDER PENALTY OF PERJURY DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD". They did NOT swear in !!!
NO ONE WAS SWORN TO TELL THE TRUTH, AND THERE IS NO PENALTY FOR PERJURY ANYMORE. (Two months ago in two Marion County sham jury trials the courts still said the full oath. This is al going to be called "not part of the trial" although the testimiony and videotape has been used maliciously already tonight on the TV and media and will be printed as though it were "court". It is good that the People see the nature of these complex deceptions, and are aware that these are NOT exceptions to the rules, these are the corrupted process itself being seen exposed. )
The whole unlawfull process is color of Law right in front of our eyes ! They are going to say now if Brian and Ruth tried to go after the lying DA for perjury, that he was NOT UNDER OATH and therefore cannot be held accountable for what he said !!!
They are strategically allowing an out wherein they could dismiss the case after these pretrial motions saying the STATE has failed to state a claim, we have seen this before in these trials. And then if they do that, they will say all that has happened to Brian and Ruth is not appealable, and counter claim lawsuits are routinley denied. There will be no redress to get the children back even if the State does not prevail against them. We pesonally are living every fact of these methods and operations ourselves in our case.
We have seen this many times ! This is extremely signnificant because Officer Evans LIED today and was caught under oath by Edgar Steele and undisputed that arresting Officer Dan Evans has told at least three different versions of the Christines events in previous hearings on the record. (more on that in a minute) In our jury trial last month with judge Walker, he refused to allow the basic impeachment rule, "false in part is thrown out", thereby permitting false testimony and discredited witnesses to be used to convict the defendant (and the jury convicted, and we are innocent of any crime).
So the whole thing is APPEARANCE of law, and no oath at all, also the judge does not have a constitutional oath, and so he also allows himself to conduct an administrative proceeding without any constitutional protections in place to prevent incriminating the Christines, all in a "court" where there is no jury and the state is not sworn to tell the truth.
In this charade of justice, the testimony today revealed, if anything, that there is NO CREDIBLE EVIDENCE at all against this family. The extent of the testimony and discredited witnesses proves that there was no case from the start.
Edgar Steele has before the Court a motion to supress the "evidence" of the arrest and previous events, as they are not named in the Complaint that the Christines are in jail under. Nor have these issues been part of the Indictment that is being used to move the court. Since the STATE and the officers acting unlawfully from the inception in this case, having no probable cause of a crime and having deprived this family's inherent rights, everything that "grows" from that event is VOID and FRAUDULENT FROM THE INCEPTION and WITHOUT LAW. This is well grounded in Law. The "poisoned seed" poisons the tree and everything that comes afterward.
But now the People can see for themselves what we sing daily about PROCESS - IT IS ALL IN THE PROCESS...... Since the judge did not allow Edgar Steeles motion to supress, and instead is doing all this incriminating without swearing in on the Christines, it is too late. In a Court of Law, all this hearsay would NEVER come in and NO testimony would be taken outside of the jury. The STATE has already accomplished its goals of using the media in this extreme case to bias the People against Brian and Ruth by the spin they showed tonight, to make the parents evil.
Attorney Steele objected vehemently to this testimony being allowed, and what ensued is a good example for the People to see how important it is that we restore Lawful courts, in which this case would not be proceeding.
The damaging testimony of officer Evans was excerpted out on the nightly news as "evidence of child abuse comes out at Christine trial" and the press has the Christines tried and convicted on biased colored reports that bear little resemblence to the real court record according to courtwatchers reports today. The TV conveniently left out that Evans was caught having told the story at least three different ways in different courts and was lying under oath ([not] under oath).
Brian Christine testified that when the officers arrived at their home, they were told that if they did not let the officers in they were going to be invaded and removed, something like 'you can do this peacefully and cooperatively or kicking and screaming, whichever way you want it". Christine stated there was clearly no option and that he and Ruth Christine did not voluntarily allow them in, but were forced and compelled against their will.
When asked on the stand today if he threatened the Christines if they did not let him come in, Officer Evans said that would be a bold faced lie", yet Edgar Steele quoted from previous court records wherein Evans SWORE that he and his officers did make statements to Brian Christine that they would use force if the Christines were not cooperative.
Evans had pictures of a bandage on a childs head, and described an extreme case of abuse, neglect and that the one child, when asked how her head got a cut said "booie did it" being her dad. Then tonights news quoted Evans saying "the daughter said her father hit her and there was blood everywhere". The bandage on the head was not part of the reason the officers were at the home, but was later noticed.
The undisputed court testimony today showed that the daughter BEING QUOTED BY THE STATE AS HAVING BEEN A WITNESS to the purported abuse WAS ASLEEP with her mother and sister at the time of the accident. Brian Christine described that the whole incident about the bandage on the head was out of proportion and accidental. Christine said he had become frustrated with the older daughter for a bed wetting incident and had "cupped" her on the back of the head as she was sitting on the edge of the bed. Christine showed the court the extent of the "slap" he had used, and unmeaning to, the child fell off the bed and hit her head. Both Christines said they never pick up something and hit their children, once in a while spank them and do not abuse them, that the whole incident was accidental.
The Christines refuted and discredited the allegations of the caseworkers that the children were not fed and were malnourished. This was based on officer Evans opinion the children were "skinny". Ruth Christine stated and it was not disputed that they were all eating and drinking together when the state officers invaded their home and kidnapped their children by force, saying they were not fed and "looked dehydrated".
Another previous, unsupported allegation brought by the state was that when the children were removed there was a skull fracture found, and for this the state right now has set up a seperate charge against Ruth Christine for neglect for which she has yet to face another one of these Mad Hatter tea party's called a "trial".
This "x -ray" has NEVER been produced, and in fact courtwatchers said no evidence whatsoever was produced today ! All hearsay and slander, completely unsupported. Ruth Christine testified that she was WITH her daughters at the hospital as she AGREED under duress to go with the officers and take her daughters to the hospital to be investigated when they were first attacked in their home. Ruth Christine testified and it was undisputed that she SAW the X Ray at the hospital and there was NO fracture at all. Both Christines stated that the only incident that could even relate to any fracture or old wound was a year previously in Indiana the child fell in the driveway and bumped her head, the family watched and there was no ill effects.
Lastly, the newspapers have printed this hearsay, charged and convicted the Chirstines already by printing the unsupported statements of the child services deceivers, doing what they are best at, biasing the support group to try to drive off Brian and Ruths supporters and discredit them in the public eye. The other previous "allegation" by the state was that the parents withheld food for punishment.
In todays trial, that allegation was not brought in, and the testimony was undisputed that the Christines, who are deeply religious, on Sabbath sometimes would fast for breakfast and lunch. Both said that was the full extent of anything to do with "withholding food". Both Christines felt this to be a ludicrous overstatement and exploitation of the parents.
So that is the full extent of the "abuse" that the STATE has spent MILLIONS to destroy this family. Or is it a case of "he who is without sin cast the first stone?" I am not judge and jury. We are about judicial due process of law and I know that has not happened in this case and is not happening right now. What I DO know is that far more henious crimes are being activelly covered up by the same courts and agents when the abuser is the foster home, a pedophile counsellor or in the juvenile jails, extreme abuse that is not reported in the media, FULLY KNOWN for years by highest officials and courts and not prosecuted. This is all going to come out now, that just like in this courtroom, the people are railroaded in an unlawful process, which the government has no authority to engage. All this testimony today was heard in a court where there was no jury, and (unknown to most people but method of the court) the officer cannot be held liable because he is not sworn in lawfully. The reporters all watching all don't even realize what they are seeing right in front of them...... maybe now they will.....
Even though the state will say "it was not sworn testimony", it has already been used to incriminate the Christines, and will be used in the trial already begun. This is what a sham proceeding looks like, and how it is used against the defendants even with a good attorney. Steele is pressing the boundaries for their rights more than most any nbar members, all whom are obligated for their bar memberships to not "irritate the court" by arguing for the rights of the defendants. The court proceeds in FRAUD.
The standard of "criminality" being used here could apply to anyone. And then there is the major issue that there was never a trial against Brian Christine for these charges. In more than a year and a half, yet the STATE kept the Christine children. There was no lawful process in the STATE supporting its case if indeed there were one. Courtwatcher D. Michaels has many years of experience with the abuses of the children by families as well as by the state, and knows what she is seeing whether it is credible evidence or not. Michaels said that today there was no evidence at all of any crime produced against the Christines by the state, only unsupported hearsay allegations of the officers.
Todays testimony was revealing about the methods and bias of the officers who arrested Brian Christine and acted to kidnap the Christine children. The officers stated that they saw on the side of the Christines bus a Bill of Rights. Brian Christine testified that Officer Blaich stated "I walked up and saw on the side of the bus the Bill of Rights and I figured we were dealing with constitutionalists..... and constitutionalists are usually anarchists and so I thought we were dealing with anarchists ..... they don't believe in the laws that we do and they don't believe they have to abide by our law ..... they don't respect officers". Brian Christine testified that the officers asked him "are you a constitutionalist?" and that Christine had responded "what's that?".
Officer Evans stated they were "using caution" on approaching the Christines home, yet then admitted being three inches from the windows. Christine described that the officers were "hovering" around the bus, peering into the windows of their home and domicile. The Officer stated that he was three inches from the windows looking into the Christines home.
Judge Laswell took the officer to task asking him if he thought it was appropriate to be looking into the windows of someones home and invading their privacy. Officer Evans stated "we do it to automobiles all the time". Lasswell asked "isn't a home different than a car?"
Brian Christine testified that the night he was arrested and the children removed, he was never informed of his rights. "No", Christine said, "I kept asking what are my options". The officers told Christine that they were being "detained". Officer Evans stated "detained is when you can't leave pending an investigation. Arrest is after the investigation has occurred."
Brian Christine testified that he was never advised of his rights, never allowed or told to get an attorney. Christine stated at the time he felt nauseated and sat down through the ordeal.
Ruth Christine testified that she went to the hospital with her daughters, where the hospital found no evidence of abuse. At this point the STATE refused to allow her to leave with her children, even though she brought them in voluntarily (compelled under duress !), and the STATE DID NOT CHARGE HER WITH ANYTHING YET KEPT THE CHILDREN.....
In the testimony today it came out that Ruth Christine has worked with special needs children and baby sat for those same children in Nepal and in the Mother Theresa school for special needs children and has years of experience with children. The Christines also testified that they are vegetarians and of small stature and try to feed their children nutritious food, and are normal as any family.
Tomorrow morning the judge is supposed to rule on these motions and jury selection is to begin..........
Pamela Gaston, A Voice For Children
Fifth Amendment Coalition of Oregon
The following article appeared in today's Oregonian newspaper:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Charges of kidnapping kids ended
05/01/02
ALICE TALLMADGE
ROSEBURG -- The prosecutor in the trial of Brian and Ruth Christine dropped the kidnapping charges involving the couple's three children Tuesday.
Senior Deputy District Attorney Rick Wesenberg said he made a tactical decision to withdraw those charges, leaving the couple charged with kidnapping only the two social workers who were driving the Christine girls back to a foster home.
Defense attorney Edgar Steele has maintained that the Christines were rescuing their children from an out-of-control state agency when Brian Christine took them at gunpoint from social workers in August.
Wesenberg also filed a motion to limit a defense tactic known as a "choice of evils" defense, which would justify Christine's use of force to recover his children.
The Grants Pass couple, both 29, are also accused of robbery and custodial interference in the incident, which occurred at a Douglas County rest stop.
Pretrial motions postponed the start of jury selection until
this afternoon.
On Tuesday, Wesenberg said he needed more time to respond to Steele's motion to suppress statements made by the girls when they were first taken into protective custody in July 2000.
Child protective service workers took the children because of
concerns they were malnourished, dehydrated and possibly abused.
Steele objected to the girls being on a list of 48 possible
witnesses for the prosecution.
Although the Christines' case was initially a rallying cause for
anti-government activists and other advocates, only a handful of onlookers attended Tuesday's proceedings. Court TV, a national television show, is documenting the trial.
Ruth Christine, appearing thin and pale but glad to see her
husband, hugged some of her supporters but declined to make a statement. She is out on bail; her husband remains in the Douglas County jail.
Yvonne Heinrichs of Salem said the Christines' action against
the state had its roots in the false accusations of child abuse made against them.
"The state poisoned the tree by wrongfully taking their
children," she said. "It's the parents' inherent right under the Oregon Constitution to take their children back."
Steele spoke to reporters after the courtroom was closed,
emphasizing his opposition to using remarks made by the Christine children's evidence.
Not only were the girls too young to be reliable when they made their comments, Steele said, but the state has had a year in which to program their answers.
Wesenberg said there is no better source as to what happened as the children who were there. You can reach Alice Tallmadge at 541-741-6256 or by e-mail at a.tallmadge@worldnet.att.net.
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