Wednesday, March 27, 2013

Persecution based on Political Opinion Using Protection Orders

A Protection Order means any Order that prohibits the Restrained Person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any Protected Person, or from threatening, taking, transferring, concealing, harming, or disposing of an animal owned, possessed, leased, kept, or held by a Protected Person, or from entering or remaining on premises, or from coming within a specified distance of a Protected Person or premises, or any other provision to protected the Protected Person from imminent danger to life or health.

C.R.S § 18-6-803.5 . Crime of violation of a protection order - penalty - peace officers' duties (2)(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor. (a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

C.R.S § 18-6-803.5 . Crime of violation of a protection order - penalty - peace officers' duties (2)(a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor. (a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501(3).

C.R.S § 18-1.3-501. Misdemeanors classified - penalties (3)(a) The general assembly hereby finds that certain misdemeanors which are listed in paragraph (b) of this subsection (3) present an extraordinary risk of harm to society and therefore, in the interest of public safety, the maximum sentence for such misdemeanors shall be increased by six months.

This section contains reports which will illustrate the states continued campaign of repression and persecution against myself and others based on our political opinion. Under penalty of arrest and imprisonment I am prevented from availing myself of the protection of the State of Colorado. As members of the government of Colorado, in their official capacity, have taken out multiple protection orders against me. These protection orders verified, and alluded to, clearly show the state’s persecution of me based on my political belief. All but one of the protection orders specifically prevent me from entering the State Capitol and exercising my human right to voice my political opinion and to peacefully assemble.

The state even went so far as to arrest me in the in the State Capitol specifically because I was exercising my human rights. The history recorded below is yet another aspect of the Governments of the United States of America´s policy of threatening the life and liberty of myself and others based on our political beliefs. The reports below will detail another reason as to why I am unwilling and unable to avail myself of the protection of the governments of the United States of America.

Sections
1. False Arrest and Repression of Political Opinion by the Colorado State Patrol, Part 1
2. Repression of Political Opinion by the Colorado State Patrol, Part 2
3. Sgt. Speelman’s Protection Order as Continued Repression
4. Activism Against Proposed Cannabis DUI
5. Other Municipalities Organized Repression Using Protection Order Against Political Opinion

False Arrest and Repression of Political Opinion by the State Part 1

On November 8th 20211, one week after being denied access to the City and County building and before even entering the state capitol. myself and others from were denied access by Officer C.J. Valdez. We were denied access based on Officer Valdez´s personal interpretation of Coloradan’s constitutional right to access cannabis, in the form of medical marijuana. I was threatened with being denied access because I was citing the constitution of Colorado to everyone assembled. State patrol C.J. Valdez warns me that if I continue with my political speech I will be asked to leave the building. Aside from myself officer C.J. Valdez also illegally denies a person access to the capitol because that person had medical marijuana; even though the person’s medical marijuana was possessed in compliance with the state constitution and state rules and regulations.

"The brief march across the street ended with an early setback for the group when one of its members was refused entry to the building because of the medical marijuana on his person, though he offered his medical card as proof of its legitimacy. Donahue, an outspoken marijuana activist, took offense to the action and challenged its constitutional legitimacy in front of state patrol officers running security for the building. Officer C.J. Valdez responded by warning Donahue and the rest of the group to calm down or be forced to leave the premises."

Finally in the State Capitol and during a peaceful political discussion regarding the states repression and denial our human rights, the state again repressed and denied our human rights. The state did this by prohibiting a peaceful political discussion, which was taking place in and around the public waiting room of the Governor's office in the State Capitol. During this I was arrested on false charges in the public waiting room of the governor’s office. By threatening the people with arrest for trespassing and falsely arresting me in the state capitol a public building, the state once again has violated the human rights of a peaceful people.

"Although that plan might still be in place, its first day ended early when security put a collective foot down against the protesters' continued presence in the office around 3 p.m. The group, which had rotated a few members in and out by that point, was escorted out by the state patrol during Donahue's arrest. "We stalled as long as we could in his office, but they made us leave," Duffy says. "I went outside on the phone with Corey's lawyer, and when I turned around, the rest of them had been kicked out."

The following day the state, personified by Officer C.J. Valdez, inform me I am banned from entering the capitol specifically because of my political speech. This was the same C.J. Valdez that attempted to prohibit the assembly access the state capitol the previous day. My political speech, which the state refers to as verbal assaulting and which no criminal charges were ever pressed, was me informing people that that the State Patrol does not respect human rights and again, as I did the previous day, pointed to a notification sign posted in the capitol attempting to justify the State violation people’s human rights. These are the same reason the state attempted to prevent me from entering the capitol the previous day.

“Donahue, who was accused of verbally assaulting a state patrol officer this morning, is currently prohibited from entering, though officials aren't sure how long this ban will last, officer C.J. Valdez says. Donahue says he'll return tomorrow to see if the ban is still in place, though a final attempt today ended with him being promptly escorted from the building and the door shut behind him.” “When asked how state troopers are enforcing Donahue's ban from the building, Valdez said that a supervisor made the decision and that there's no need to pass around Donahue's image. “We’re all aware who he is," Valdez says. "We've had experience with him before."

The following days I was prevented from entering the capitol, protection orders were never presented or even taken out against me and the officers of the state lied about said protection orders. I was continually told that my ban was still in force by orders of a superior officer. Banning me from the capitol was done solely based on the personal opinion of a superior officer of the state, who was never identified, using his position to enforce his will against my political opinion with no legal backing. All documents can and should be provided by the city and county of Denver and the state of Colorado.

This is a clear example of state persecution against me from simply exercising my human right to voice my political opinion. AS such I am unwilling and unable to avail myself of the protection of the governments of the United States of America.

Repression of Political Opinion by the Colorado State Patrol, Part 2


Another round of protection orders, allegedly, taken out against me by two members of the Colorado State Patrol. These orders again prevent me from entering the Capitol. The new reason why I cannot enter the capitol came along not coincidentally the instant I again attempted to enter the Capitol, after it was closed for the holidays. The state came up with this new excuse because I continually questioned the legality of prohibiting me from the capitol. This time the orders are no longer came from a superior office. Yet once again no protection order could be furnished when requested from the state. Again no protection orders were ever taken out against me and I was only reason I was prevented from entering the Capitol was due to the states continued effort to persecute me based on my political opinion. A commanding officer of the Colorado State Patrol, states that it is a personal matter which the officers are using their position in government to persecute me based on their personal opinion of my political speech.

"They have restraining orders against Corey Donahue, but they are victims just like anyone else," says CSP Sergeant Mike Baker. "They just happen to be state troopers. To an extent, it's a personal matter. It's just these two gentleman."

No protection orders were ever taken out against me or provided to me. However the state used a fabricated charge based on my political speech which I incurred in Civic Center Park, to justify my banning from the capitol. Again no protection orders were provided when requested. All documentation can and should be provided by the state of Colorado.

Sgt. Speelman’s Protection Order as Continued Repression

Once again, a member of the Government acting in their official capacity to persecute me based on my political belief. An actual protection order obtained by Sgt. Perry Spealman of the Denver Police Department and includes his name, rank and badge number 92045 making this protection order an official order taken out by a member of the state acting in his official capacity against me for voicing my political opinion. This protection order applied for and granted by the City and County of Denver in the State of Colorado protects Sgt. Perry Spealman, in his official capacity, from me. The protection order also restricts me from entering the Capitol and both Civic Center and Lincoln Park, which are the sites for every major public political action taken in the state, including this peaceful political assembly and monthly cannabis rally at which I frequently voiced my political opinion.

This order is dated April 30, 2012. The alleged incident, which Sgt. Speelman lied about in order to obtain this protection order, did not take place in or around the capitol complex and Sgt.Perry Speelman is not a member of the Colorado State Patrol which is the law enforcement arm of the State Capitol. As such there is no connection between Sgt. Speelman and the capitol, the only reason for this protection order and the area restriction preventing me from entering the capitol is to silence and persecute me based on my political opinion. Due to this protection order, in which a member of government lied in order to obtain, and was taken out by a member of government acting in his official capacity, I was prevented from exercising my Human Right to take part in my government regarding political matters of which I am on record as being a deeply concerned.

This also represents the first protection order ever presented to me by the state. Although during the above incidents I frequently requested a copy of the protection orders taken out against me. As the state granted Sgt. Speelman a restraining order for robbing and assaulting me. I too attempted to get a protection order. As I had my cell phone stolen by Sgt. Speelman and when I attempted to recover it I was peppersprayed, and violently assaulted by the Denver Police Department. The court said my protection order was denied specifically because Sgt. Speelman was a member of Colorado law enforcement and I cannot get a protection order against them.

The date and area restriction of this protection order specifically persecuted me based on my political beliefs, by preventing me from voicing my political opinion to my government during a historical special session of legislature. This special session was done at the will of the governor and was called specifically to pass cannabis driving under the influence bill, which failed in the regular session and of which I am a vocal opponent.

A year prior to this protection order, a similar cannabis DUI bill which was eventually defeated and my political opinion and work was credited with defeating this cannabis DUI bill. A very similar cannabis DUI bill was introduced during the 2012 legislative session and again I and others worked diligently to oppose this bill. It was defeated in the regular session; however the Governor, who is on record as being anti-cannabis, called a special session of legislature in order to again thwart the will of the people and attempt to violate peoples human rights by passing a bill allowing for forced blood draws and criminalization of non-criminal conduct.

I am an opponent of these cannabis DUI bills because they are a violation of Article 3 of the UN Delectation of Human Right where it says, “Everyone has the right to life, liberty and security of person.” These proposed pieces of legislation all allow for the government to forcefully use syringes to enter my body and remove my blood in order to garner evidence against for a minor crime created by the state, in oreder to persucute people. If the state can attempt to pass bills that violate my human right to liberty and security of person and at the same time prevent me, under penalty of arrest and imprisonment, from voicing my political opinion against this and similar threats to me, then in what sense do I have liberty or security of person? All additional documentation of my claims can and should be provided by the city and county of Denver.

This Cannabis DUI bill which was passed during the 2013 legislative session. The state can now forcefully test your blood for an manufactured criminal offense. Hb 13-1325 specifically criminalizes me for exercising my constitutional right to access medical marijuana.

(j) IN ANY TRIAL FOR A VIOLATION OF THIS SECTION, IF, AT THE TIME OF THE ALLEGED OFFENSE, THE PERSON POSSESSED A VALID MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN SECTION 25-1.5-106 (2) (e), C.R.S., ISSUED TO HIMSELF OR HERSELF, THE PROSECUTION SHALL NOT USE SUCH FACT AS PART OF THE PROSECUTION'S CASE IN CHIEF.

(k) IN ANY TRAFFIC STOP, THE DRIVER'S POSSESSION OF A VALID MEDICAL MARIJUANA REGISTRY IDENTIFICATION CARD, AS DEFINED IN SECTION 25-1.5-106(2)(e), C.R.S., ISSUED TO HIMSELF OR HERSELF SHALL NOT, IN THE ABSENCE OF OTHER CONTRIBUTING FACTORS, CONSTITUTE PROBABLE CAUSE FOR A PEACE OFFICER TO REQUIRE THE DRIVER TO SUBMIT TO AN ANALYSIS OF HIS OR HER BLOOD.

Due to my fear of lose of life and liberty I am unwilling and unable to avail my self of the protection of the governments of the United States of America.

Other Municipalities Organized Repression Using Protection Order Against Political Opinion

Unfortunately the above incidents where not the only time the state persecuted people based on their political opinion, using the same methods during the same time frame. The below report details the City and County of Boulder twice using restraining order to prevent people from exercising their political opinion. The first protection order was used against Mr. Jentsch. Someone like me who participated in the peaceful assemblies in both Boulder and Denver and has also faced a protection orders aimed at repressing his political opinion.

"I think that (the restraining order) is very specifically chilling to my First Amendment freedom of speech, but it was suggested by the prosecutor and approved by the judge in court yesterday," Jentsch says. "It feels directly aimed at keeping me from exercising my right to protest."

The second attempt by the state to repress political opinion using protection orders happened to Seth Brigham who frequently exercised his political opinion only to be arrested in the Boulder City and County Building.

"At that point, Mayor Susan Osborne cut Brigham off: "She told me I couldn't talk about council members in a personal way," Brigham remembers. "I basically protested that, saying, 'I can speak about what I want to speak about. This is my three minutes.' And then a police officer came up to me and handcuffed me and escorted me out."

The arrest of Seth for exercising his rights is even more insidious when looking at the allegations presented by the City of Boulder justifying his arrest. The City of Boulder arrested Seth for trespassing in a public building during public testimony in which he was exercising his political opinion. This is not the first time the City of Boulder has arrested people for trespassing for exercising their political opinion in a public area.

“He has no idea how he could be guilty of trespassing, since the city council meeting was open to the public… Because I didn't do anything wrong. I have constitutional rights. And my constitutional rights were violated."

The next report showcases the continued campaign by the state against Mr. Seth Brigham based on Mr. Brigham’s political opinion. The state first attempted to arrest and criminalizes both myself and Mr. Brigham, when that failed and we both continued to exercise our political opinion, the state then turned to protection orders in order to prevent us from exercising our political opinion. The restraining order taken out against Seth, seeks to prohibit Mr. Brigham from coming within fifty yards of the Boulder Municipal Building, at 1777 Broadway, and forbidding him to contact all nine members of the city council, plus the city manager, the city clerk and Patrick von Keyserling, the city's communications manager.

The state uses protection orders specifically to silence critics, as in my cases covering up for the conduct of law enforcement, and in Seth’s case covering up the crimes of city council members.

“The action was motivated by a series of e-mails he sent to officials, as well as the press, making financially related allegations against yet another council member, KC Becker.”

As myself, Mr. Jentsch and now Mr. Brigham continually state, we know these orders are being taken out in order to silence us and persecute us based on our political opinion.

“It's just that they've wanted to ban me from city council, because I'm a loudmouth and I talk too much. I might be obstinate, I might be insulting, and I have very little respect for these public officials. But as I've stated over and over, I'm not a threat to anyone, I've never been a threat to anyone, and I've never threatened anyone, either."

The government’s actions in taking out protections orders against me, all in the officer’s official capacity, clearly show that I cannot avail myself of the protection of the government. The government of the State of Colorado preventing me from exercising my human right to take part in my government, generally, and specifically exercising it regarding a bill that directly threatened my human rights, is one of the reasons I am unwilling to avail myself of the protection of the governments of United States of America.

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