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Maine Republic Forum - View topic - Proclamation to The Kennebec County Grand Jury

Proclamation to The Kennebec County Grand Jury

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Proclamation to The Kennebec County Grand Jury

Postby xjdigger » Tue Oct 01, 2013 4:12 pm



The grand jury is not under the direction or supervision of the judicial department, but operates as an independent body. (Emphasis added here and in the following citations is mine unless otherwise noted.) The grand jury is a fourth branch of government, operated by the people, for the people. Your Maine public officers have, notwithstanding their Oaths, prevented our Complaints that cite crimes committed by Maine public officers from being presented to the grand jury. Their actions constitute obstruction of justice, violations of the state and national Constitutions and the due process of law guaranteed to all people.

Grand jurors have the authority, power, and obligation to investigate alleged crimes, and to determine whether there is a need to send a True Bill of Indictment or a Presentment to the prosecuting attorneys. The prosecuting attorneys are then required to bring the perpetrators to trial, if an indictment or presentment is made by the grand jury when their investigation is completed and it is determined that a trial by a petit jury is necessary to determine guilt or innocence.

“It is generally conceded that, after [the grand jury] is duly organized, the larger part of its function is to be performed by it as a separate and independent body acting apart from the court.” 38 C.J.S. Grand Juries, §1, Page 981, note 34.

“...a grand jury has plenary [absolute; complete] inquisitorial powers, without any instruction or authority from the court, and may on its own motion, originate charges against offenders, regardless of how the information on which it acts is brought to its attention.” Id, p. 1031, note 35.
“It is empowered to institute and initiate, as well as to manage and control, such investigation, without any interference or hindrance from the court or prosecuting attorney.” Id., p. 1032, note 37, 38.
“The court cannot limit the grand jury in its legitimate investigation.” Id., p. 1028, note 95.
“It [the grand jury] must act free from influence, fear, favor, affection, reward, or hope thereof, preceding from, or without the court.” U. S. v. Olmstead, D. C. Wash. 7 F.2nd 758.
“It is the duty of the grand jury to inquire into all offenses within its jurisdiction.” Ibid., p. 1029, note 5.
“It is improper for the prosecuting attorney to participate in the deliberations of the grand jury, to express opinions on questions of fact, or as to the weight and sufficiency of evidence, make arguments, or in any way influence or direct the grand jury in its findings.” Id., p. 1042, notes 26, 27.

In the Supreme Court case of United States v. Williams, 112 S.Ct.1735, 504 nU.S. 36, 118 L.Ed.2d 352 (1992), Justice Antonin Scalia, writing for the majority, confirmed that the American grand jury is neither a part of the judicial, executive, nor legislative branches of government, but instead belongs to the people. It is in effect a fourth branch of government “governed” and administered to directly by and on behalf of the American people, and its authority emanates from the Bill of Rights.

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the the Constitution and laws of the U.S. Title 18, U.S.C., § 242, Deprivation of Rights Under Color of Law

“Punishment varies from a fine or imprisonment of up to one year, or both,.... '
U.S. Id.




A small group of people created, and on January 14, 2013, I, Wayne Leach, a member of the group, served a Declaration, Remonstrance and Demand, and a Notice of Service of a People's Remonstrance, that included a demand for a response within 10 business days, on the Governor, Paul R. LePage, and the Maine Legislature, by and through its leaders, Senate President Justin L. Alfond, and House Speaker Mark W. Eves. A Receipt of this Notice of Service, signed by an authorized staff member in each office, was obtained.

After the required time had elapsed, this same group held a Press Release in the Hall of Flags announcing that the People's demands and instructions to their oath-taking government officials had been met only with silence.

Governor LePage did respond after the Press Release, and has been met several times with the group since Feb. 2, 2013, and has not yet been served with any more lawful documents regarding the People's grievance complaints.

I provided a package of material to the Attorney General, the Kennebec County District Attorney, the Kennebec County Sheriff, and the Governor, that contained evidence, including several exhibits, sworn affidavits, a Criminal Complaint against Alfond & Eves that claimed they violated the constitutionally protected right of the signatories to the Remonstrance to due process of law, and other rights, failed to respond to claims of alleged crimes of fraud, perjury, breach of public trust, and malfeasance of office, and which also contained a letter addressed to the Foreperson and members of the Grand Jury.

President Alfond and Speaker Eves have continued their silence after several lawful documents were served upon them, including Affidavits of Facts, Affidavits of Truth, Presumptive Letters, requiring a written response and rebuttal of the facts and allegations in the Remonstrance, and noting that silence is agreement with, and acquiescence to all statements therein. Legal Notices stating that they were guilty of a breach of official duty were run 3 times in the Kennebec Journal making similar requests and giving notice that their silence was an admission to the truth within previous correspondences.

During the several months since the Remonstrance was served, and the silence by Alfond and Eves has persisted, our group has attempted to inform the Kennebec County Grand Jury of these alleged crimes by our public servants through the proper channels, the Attorney General, Janet Mills, the Kennebec County District Attorney, Meaghan Maloney, the Capitol Police, the Kennebec County Sheriff, Randall Liberty, and Governor Paul LePage. Our efforts were met with resistance at every turn, so we seem to have no other options in our peaceful attempts to hold these servants of the People accountable, than to publish this Proclamation and Advisory in the media. Hopefully, this last resort will accomplish the removal of a seemingly insurmountable barricade to a redress of lawfully based grievances, as constitutionally authorized.

All government officials, and especially those in the judiciary, who had access to, and an opportunity to view the Complaint, Remonstrance, Affidavits, other evidence supporting these alleged crimes, and also the admission to these crimes through silent acquiescence by Alfond & Eves, had a duty to the People of Maine, and specifically to the Signatories to the Remonstrance, to forward these materials to the Kennebec County Grand Jury, but failed in that duty.

If you, fellow Maine Citizen, know any member(s) of the Kennebec County Grand Jury, please send this Proclamation to them and ask them to contact me, If Grand Jury members read this, please contact me directly, so I can present to the Kennebec County Grand Jury Citizen's Complaints regarding crimes committed by Maine public officers. All Maine public officers whom we contacted for presentation of our Complaint to the Grand Jury were obstructive, and prevented us from exercising our lawful rights.

Signed, with the agreement and permission of the Remonstrance signatories, on this _______ day of October, 2013, by Wayne R. Leach, 70 East Palmer Road, Winslow, Maine.

(207) 872-8998; Email address: hawkeye1937@gmail.com.

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