Many of you may know that I have been very involved in battling the State of Illinois since February 17, 2009. On that day I was on my way home from work when I was pulled over for no reason by Joshua Alemond, a man acting as a Fairview Heights Police Officer. I was ordered out of my truck at gunpoint and subsequently beaten and Tasered by Alemond and with the assistance of Aaron Nyman, another acting Fairview Heights Police Officer.
The charges stemming from this event include:
A bench warrant for failure to appear for a previously dismissed driving without a license charge in 2006. The charge had already been dismissed by Collinsville in 2006 and then improperly filed in St. Clair County outside of the permissible time for filing charges of which I was never lawfully notified.
Improper Lane Usage which allegedly gave rise to reasonable suspicion that I was “intoxicated”.
Fleeing/Eluding a Peace Officer which stems from my slowing down, activating my hazard lights and high beams, and driving safely for about a mile to a lighted side street out of concern for my safety for choosing to not stop on the narrow shoulder of a dark highway at 2am.
Resisting a Peace Officer which stems from my refusing to place my hands behind my back when ordered to do so by Joshua Alemond when the command was being given to me while I was being beaten and Tasered with two men, Alemond and Nyman, on top of me both of whom are probably over 200 lbs each, and after suffered a blow to the head and face with an electric shock to the back of my neck.
No Drivers License which stems from Alemond and Nyman performing an illegal and unconstitutional search of my personal belongings that were inside my truck while I was handcuffed, injured and bleeding in the back of the police cruiser. I was never demanded to produce a drivers license, but instead, because they could not find one they decided to charge me with not having one.
Do Insurance which stems from the same circumstances as the drivers license charge.
This store is lengthy and has been chronicled piece-meal in various posts so I won’t go into detail here, but I will compose a comprehensive chronology of what took place from beginning to end. Most of the information is here http://markmccoy.com/excessiveforce.html
In essence, I never entered a plea to any charges. I challenged jurisdiction every step of the way. I presented the court with my Declaration of Sovereignty and asked Judge Randall Kelley to take judicial notice of the Declaration; which he did. Upon challenging jurisdiction as well as the alleged reasonable suspicion for arresting me the court then had to allow for a hearing where I challenged probable cause; which in the police report mentions “believing the driver to be intoxicated”.
I had also been using Freedom of Information Act Requests to try and procure dashboard video and other records which speak to the police report being filled with lies, distortions, and fabrications; as well as containing evidence which would exculpate me of all charges. Fairview Heights Police used a number of tactics to deny the requests and by pressing my rights under Federal Rules of Criminal Procedure (Bailey) the police were required to produce any and all evidence, of which I was permitted a copy. Last month I was provided with certified copies of the dashboard video from both police cars. My 8 month struggle to procure the video had come to an end, and it speaks volumes.
Yesterday, 11/30/09, was to be THE day where the probable cause hearing would take place after a number of continuances. I finally had the video, the police report, my supporting case law, and my questions ready to go. However, this time the Alemond and Nyman did not appear.
Judge Randall Kelley called myself and the State’s Attorney, another Kelley (no relation) to the bench. I was asked if I was prepared to proceed to which I replied yes. Then Mr. Kelley was asked if he was prepared to which he replied no. He then asked Judge Kelley for a continuance because the police, his witnesses, were not present. He said he spoke to them on Friday prior to remind them of the appearance and they told him they would not be able to attend.
Judge Kelley then asked me how I felt about the continuance and I explained that I had been more than accommodating in agreeing to necessary continuances in the interest of fairness, all of which did benefit myself and the prosecution, and the last appearance date where we discussed this date took into account the schedules of the Alemond and Nyman. I explained that I had been present and prepared at every appearance and the prosecution had not. Therefore, I felt another continuance would prove unduly burdensome to myself and contrary to due process. I voiced my objection to granting the continuance.
Judge Kelley then asked Mr. Kelley if he had done everything in his power to ensure the appearance of Alemond and Nyman, to which he said yes. Judge Kelley then said that he agreed with me; that I had been present at every appearance and prepared to argue my motion. He said that another continuance for the State would prove unduly burdensome to me and he therefore DISMISSED ALL CHARGES.
So, what does this mean? Well, the police would have to been sworn in prior to their testimony for the hearing. The report and video contradict each other. The video, being the authoritative record of the events, would speak to perjury and fabrication of evidence as well as exculpate me of the charges while showing Alemond and Nyman engaged in a number of misdemeanors and felonies. Alemond and Nyman could NOT appear without jeopardizing themselves by way of the evidence on the record. Therefore, no witness, no case. I also do not believe the State could have prevailed with two obviously compromised witnesses.
What next? With the video in-hand I am looking for an attorney who will pursue civil action against the Alemond, Nyman, and the City of Fairview Heights. I have a number of criminal (misdemeanor and felony) charges that I will be working to have filed against Alemond and Nyman. There is still a lot of work to do, but I am unencumbered with any criminal charges which may tend to cast doubt over my claims against the police.
This whole situation speaks to a systemic problem with what is known as “law enforcement”. Police believe they are above the law, they are the law. We are a nuisance and should we transgress upon their particular sensibilities they may exact whatever justice they may see fit to summon and be indemnified from prosecution because of “departmental policy”. They believe themselves to be a superior class of person and we, the people, the rabble. This debate needs to take place in the public domain and illuminate the self-aggrandizing, megalomaniacal threat that is modern “law enforcement”.
I digress. More to come…………………