-Caveat Lector- from alt.conspiracy ----- As always, Caveat Lector. Om K ----- <A HREF="aol://5863:126/alt.conspiracy:474901">OKC BOMBING CONSPIRACY - District Judge William R. Burkett FRAUDULENT </A> ----- Subject: OKC BOMBING CONSPIRACY - District Judge William R. Burkett FRAUDULENT From: Koleshak--- <[EMAIL PROTECTED]> Date: Mon, Jan 4, 1999 8:09 AM Message-id: <[EMAIL PROTECTED]> The following relates to the OKC Bombing Grand Jury, and the sealed indictment made against a book author who sent copies to some of the jurors, which is a completely proper action in the case of a grand jury investigation. =========================================== Jon Roland wrote: ------------------------ From: Jon Roland <[EMAIL PROTECTED]> Subject: Re: IP: OKC-Re: Hoffman: Okla.Statutes Titles 21&22 Date: Sat, 2 Jan 1999 12:21:04 -0800 It appears that folks in Oklahoma are misconstruing their own statutes. ------------------------ From: [EMAIL PROTECTED] } ==> OKLAHOMA STATUTES, TITLE 21, SECTION 388 } } Attempts to influence jurors } } Every person who attempts to influence a juror, or any person summoned or } drawn as a juror, or chosen as arbitrator or appointed a referee, in } respect to his verdict, or decision of any cause or matter pending, or } about to be brought before him, either: } } 1st, By means of any communication oral or written had with him, except in } the regular course of proceedings upon the trial of the cause; } } 2nd, By means of any book, paper, or instrument, exhibited otherwise than } in the regular course of proceedings, upon the trial of the cause; This clearly applies only to a trial jury, as shown by the use of the terms "trial" and "cause". A criminal cause does not commence until a charge is filed. While a grand jury may bring an indictment without a charge being filed, that is not sufficient, without the charge, to commence a cause. The investigation of some incident to try to find the causes of it is not a "cause", and the proceeding of a grand jury is not a trial. Now clauses like the following should apply to a grand jury, but this section clearly does not. } } 3rd, By means of any threat or intimidations; } } 4th, By means of any assurance or promise of any pecuniary or other } advantage; or, And this one, again, clearly only applies to a trial jury. } } 5th, By publishing any statement, argument or observation relating to the } cause, is guilty of a misdemeanor. } } ----------------------------------------------- } NOTE: Hoffman's book does not constitute testimony sworn before the grand } jury, or testimony sworn to in a preliminary examination and later } presented in written form to the grand jury, as required by law. A grand jury is not required to limit itself to sworn testimony. They are free to research an issue in any way they wish. They can go to a library, read books or newspapers, interview people at random, or conduct their own forensic analysis. That is entirely up to them. No one can tell a grand jury how to conduct an investigation of anything. } ----------------------------------------------- } } ==> OKLAHOMA STATUTES, TITLE 22, SECTION 333 } } Evidence before grand jury (excerpts): } } In the investigation of a charge for the purpose of presenting an } indictment or accusation, the grand jury may receive the written testimony } of the witnesses taken in a preliminary examination of the same charge, and } also the sworn testimony prepared by the district attorney without bringing } those witnesses before them, and may hear evidence given by witnesses } produced and sworn before them, and may also receive legal documentary } evidence. .... The word "may" is permissive, not imperative. The grand jury may also acquire evidence in any other way they wish to. } } ==> OKLAHOMA STATUTES, TITLE 22, SECTION 258 } } Preliminary examinations and proceedings thereon (excerpts): } } .... Third: No preliminary information shall be filed without the consent } or endorsement of the district attorney .... Now here we have a constitutional violation, and one that needs to be attacked. However, the grand jury is not limited to considering only what is filed. They have the power to seek out any evidence, filed or not. } ----------------------------------------------- } NOTE: Hoffman's book was not presented to the grand jury by the State } Attorney General or his designee (in this case, by Patrick Morgan or } Suzanne Gump). All Hoffman needed to do was contact Morgan or Gump, ask to } be subpoenaed, present his position and a synopsis of his materials, and he } could have given his book to the grand jurors in the proper manner } prescribed by law. Many witnesses, including General Partin, obtained the } proper subpoena in the proper manner, and thus were able to present their } materials in accordance with the laws governing the grand jury procedure. } No one who asked to testify was denied the right to do so, regardless of } the nature of their testimony. Now, granted, Hoffman's approach was irregular. And following procedure makes sense, administratively, so long as there are no unreasonable impediments, as it is here indicated there were not. However, no statutory basis has been laid here for a criminal charge that is applicable to a grand jury. } ----------------------------------------------- } } ==> OKLAHOMA STATUTES, TITLE 22, SECTION 357 } } Presentation of evidence - Power to prosecute (excerpts): } } The presentation of evidence to a multicounty grand jury shall be made by } the Attorney General or his designee.... Key word here is "multicounty". A multicounty grand jury is an unusual kind of grand jury, convened only for unusual purposes, and it makes sense to assign presentation to a state official rather than to an official of a single county, when more than one county is involved. But this was not reported to be a multicounty grand jury. And, again, it is unconstitutional to restrict presentation or prosecution to a public official. } } ----------------------------------------------- } NOTE: Because Hoffman did not play by the rules, the grand jurors were } obligated by law to report his improper contact. Had they not done so, and } Hoffman's contact later became known, the grand jurors themselves would } have been guilty of a misdemeanor. All they would have to do is declare that they, or any one of them, had invited the information. Clearly, the grand jurors have been told a legal fable by the county DA. When this country was founded people knew enough about both kinds of jury duty that no one could have gotten away with something like that. } ----------------------------------------------- } } ==> OKLAHOMA STATUTES, TITLE 21, SECTION 385 } } Misconduct of jurors } } Every juror or person drawn or summoned as a juror, or chosen arbitrator, } or umpire, or appointed referee, who either: } } 1. Makes any promise or agreement to give a verdict for or against any } party; or The word "verdict" shows that this only applies to a trial juror. Grand juries do not render verdicts. Only trial juries do. } } 2. Willfully permits any communication to be made to him, or receives any } book, paper, instrument, or information relative to any cause pending } before him, except according to the regular course of proceeding upon the } trial of such cause, is guilty of a misdemeanor. } } ----------------------------------------------- } NOTE: When Hoffman's contact became known, the matter then also became an } issue for the officers of the grand jury. } ----------------------------------------------- } } ==> OKLAHOMA STATUTES, TITLE 21, SECTION 390 } } Misconduct by officer in charge of jury (excerpts): } } Every officer to whose charge any juror or jury is committed by any court or } magistrate who negligently or willfully permits them, or any one of them, } either: } } 1. To receive any communication from any person; } } 2. To make any communication to any person; } } 3. To obtain or receive any book or paper or refreshment; ... is guilty } of a misdemeanor. .... There is no officer in charge of a grand jury. Again, this applies only to trial juries. Grand juries are in charge of themselves, and not even the judge who convenes the grand jury has the power to dismiss them until they decide to adjourn. They have absolute power to tell any official, including the judge, to go to hell until they decide they are finished, as long as that might take, and using any methods they decide to use. Clearly this country is in bad shape when even its patriots and constitutional scholars are not more familiar with one of its bedrock institutions. } } ----------------------------------------------- } } AND SO FORTH AND SO ON.................................... } ---------------End of Original Message----------------- =================================================================== Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825 916/568-1022, 916/450-7941VM Date: 01/02/99 Time: 12:21:04 http://www.constitution.org/ mailto:[EMAIL PROTECTED] =================================================================== **************************************************** To subscribe or unsubscribe, email: [EMAIL PROTECTED] with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer **************************************************** ---------------End of Original Message----------------- =================================================================== Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825 916/568-1022, 916/450-7941VM Date: 01/02/99 Time: 17:43:53 http://www.constitution.org/ mailto:[EMAIL PROTECTED] =================================================================== Regarding: ---------------------------------- }It appears that folks in Oklahoma are misconstruing their own statutes. }Clearly this country is in bad shape when even its patriots and constitutional }scholars are not more familiar with one of its bedrock institutions. ---------------------------------- Allow me to state that I am in agreement with Jon in all of his comments. Unfortunately, it is not necessarily the patriots and constitutional scholars who are making the errors concerning the Oklahoma Statutes, but our own State Attorney General, Oklahoma County District Attorney, and Judge Burkett himself. The statutes were posted to IP to show you what logic (or in this case, lack of it) is being used in this bombing investigation grand jury situation. It has been a major battle every step of the way for those pushing just to get the grand jury convened. In every instance -- without exception -- when the State officials have resisted or set forth some reason "why not," it has been based on taking the regular trial jury rules and regs and applying them to the grand jury system. There has been absolutely no success in attempting to get the Oklahoma courts and Judge Burkett in particular to recognize this important distinction. Judge Burkett proved to be one of the biggest obstacles to securing a fair and open grand jury. Consider one of his instructions to the jurors after they were empaneled: "No person has the right to appear before you," Burkett told the jury. "You and you alone will determine what witnesses, if any, will be subpoenaed to testify." If no one has the right to appear before the grand jury, how would they know what evidence existed to consider? How would they know who to subpoena? This, of course, was a problem immediately, as the grand jury relied on the DA's office to provide them with witnesses who were not on Charles Key's official list of recommended persons. In addition, they failed to call all of the witnesses who were suggested to them. Naturally, those suspicious of the process were hesitant to make arrangements to testify. Those who did make the attempt through the DA's office were allowed to testify, but obviously the grand jury decided that such "volunteers" were not credible. ...after all, no one "officially" recommended them. Additionally, Burkett instructed the grand jurors not to hear "radical" persons ... without defining what that might mean. He also told them not to listen to hearsay evidence -- (see Media Bypass, Aug '97, p. 39; and Daily Oklahoman, 9/19/97) -- in spite of the fact that the rules of evidence governing grand juries is much more lenient than those rules governing trials: "Investigation by grand jury or a preliminary examination by magistrate is not a trial, and the rules of evidence are not to be applied as rigidly as in trial of case before court." Magill v. Miller, Okl. Cr., 455 P.2d 715 (1969). The Magill/Miller case has always been cited to allow hearsay in grand jury testimony simply because no indictments would have yet been issued and obviously a guilty party is not going to go before the grand jury and confess. Sometimes, you just have to hear evidence consisting of second-hand information, and then fit it into the other evidence collected. That is a lot of what grand juries do -- listen to the concerns of the public and then determine whether or not a crime has been committed. Another problem: When dealing with witnesses whose testimony would have been personally incriminating -- but which might have shed some light on the truth of the bombing -- the grand jury refused to work out immunity agreements for those persons through the DA's office or the judge, but at the same time did not cite them with contempt for failing to respond to the subpoena. (This situation applied specifically to Cary Gagan, as well as to several others.) Several witnesses were subpoenaed who just refused to show up. No one bothered to do anything about that. Also consider the persons Burkett allowed to sit on the grand jury -- see Daily Oklahoman, "12 Grand Jurors Picked For New Bomb Inquiry, " 07/01/1997: -------------------------------- "... A northeast Oklahoma City woman had signed the grand jury petition supporting another bombing investigation. A Midwest City man told the court he thought the inquiry would be a waste of time and money. Even so, they are two of the 12 people chosen Monday for an Oklahoma County grand jury called to investigate allegations of a larger conspiracy and government cover-up in the April 19, 1995, bombing of the Alfred P. Murrah Federal Building. .... "The jury was selected in less than three hours Monday morning in open court. Seated were an Edmond fourth-grade teacher, a retired postal worker [wife was employee in Social Security Admin.], an X-ray technician, an Oklahoma City parks employee [state gov't employee], a self-employed yard worker, two homemakers, a photocopier repairman, a hospital food worker [who pulled bodies from the building rubble], a youth programs manager [of a federally funded program], an electrician and an Oklahoma Employment Security Commission manager [a Keating appointee who, incidentally, was also the grand jury foreperson]. .... Five jurors knew people killed or injured in the bombing or helped in the rescue efforts. .... All remained on the grand jury along with Ben Baker, a former Marine who said he believes another bombing inquiry is pointless. " 'Everyone I've talked to believes this is a waste of time and taxpayers' money,' said the 53-year-old electrician at a manufacturing plant. 'I believe the same thing.' .... "Oklahoma City Police Lt. Kenneth Rickenbrode made the panel as the third and final alternate. The judge asked him if his job would impair his ability to be fair. ...." -------------------------------- So we were dealing with a decidedly biased grand jury before the proceedings even began. The first mention made in the press of possible jury tampering came in the Tulsa World on 10/08/98. It is doubtful, however, that this situation referenced David Hoffman - as the receipt of a copy of his book would hardly be "anonymous." Remarks from the grand jurors seem to indicate that they were more troubled by public comments about their job performance than by the receipt of any book. See below: -------------------------------- Panel probing bombing alleges jury tampering By Brian Ford World Capitol Bureau - 10/8/98 OKLAHOMA CITY -- A grand jury investigating the Oklahoma City bombing said Wednesday that ``improper and perhaps illegal attempts'' have been made to influence one or more jurors through anonymous contacts. An Oklahoma County grand jury ... issued a partial report Wednesday to District Judge William Burkett. ``Although we recognize and respect everyone's right to their own opinion, we are frustrated with constant unfounded public statements by some persons who claim to have special standing in this matter attacking us and those who work for us,'' the jury said. ``Those comments serve no useful purpose and we view them as blatant attempts to improperly intimidate and influence us. ``Recently, one (or more) individual(s), took the outrageous step of anonymously contacting one or more of our members at their home(s),'' the jury continued. ``We are offended by these improper and perhaps illegal attempts to exert influence on the outcome of our investigation.'' The jury did not name anyone in its criticism. Oklahoma County First Assistant District Attorney Pat Morgan would not say whether allegations of jury tampering are under investigation. ..... ------------------------------------- And so it goes. I guess folks on the outside just have to understand -- but not accept -- that Oklahoma is and has been for half a century, one of the most politically corrupt States in the U.S. Of course we know the difference between a grand jury and a trial jury. And for a year-and-a-half now we have been fighting to get that distinction officially recognized in this OKC situation. The District Courts and the State Supreme Court just don't seem to care about any of that stuff, and the people trying to fight this deplorable corruption are out of both strength and money. I admit that the posting of the Oklahoma Statutes was unclear to those who haven't sweat blood over this grand jury here in the pit of this corruption. But the way law is interpreted and applied in Oklahoma could be summed up in three words: "Out Of Context." Once you realize that is how the powers-that-be are ruling, then you can see "where they are coming from." Then you are confronted with "what to do about it." Hoffman, as a temporary assistant to Charles Key, had first-hand observations of this kind of "out of contextualization" (I made that word up) -- especially during the time when the State was denying the right of the people to petition for the grand jury, then changing the number of signatures required for the petition, then dragging Key through scandal, casting aspersions on his character and motivation, and finally allowing Burkett's improper grand jury instructions to stand. If Hoffman couldn't put two and two together after all of THAT, then he seriously undestimated the corruption in this State and its ability to take revenge on those of whom it does not approve. It will be interesting to see the actual laws which Hoffman is accused of breaking. At this time, the text of the indictment has not been released so we do not know specifically which statute is in question. But you can be sure, when the text is revealed, it will be an unbelievable twisting and churning of oddball statutes that may or may not have anything in reality to do with the alleged crime. There is certainly much to criticize here. But I guess -- being now exhausted, discouraged, battle weary, and worn -- I would just say to those now raising their voices in protest: where were you when we needed you in the summer of 1997??? **************************************************** To subscribe or unsubscribe, email: [EMAIL PROTECTED] with the message: (un)subscribe ignition-point email@address or (un)subscribe ignition-point-digest email@address **************************************************** www.telepath.com/believer **************************************************** ---------------End of Original Message----------------- THEREFORE JUDGE BURKETT MUST BE PART OF THE COVERUP CONSPIRACY. COMMITTING SUCH BLATANTLY WRONG ILLEGALITIES CANNOT BE THE RESULT OF STUPIDITY OR SENILITY. SINCE THE COVERUP CONSPIRACY IS A CRIME, POTENTIALLY A T R E A S O N CRIME, HIS PUBLIC ACTIONS MAKE HIM A STARTING POINT IN FUTHER INVESTIGATION. ----- Aloha, He'Ping, Om, Shalom, Salaam. 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