-Caveat Lector-
From
http://www.freekentucky.com/stryarch02/agent.htm
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BATF "investigator" didn’t know he’s a Militiaman
Barry Bright - FreeKentucky.com
March 3, 2002
In the midst of a hearing in which Kentucky State Militia Commander Charlie
Puckett gained some measure of "freedom" until his trial, a BATF "agent" revealed
his immense ignorance.
Not only did the BATF "agent" portray his lack of real "investigation" into the
Militia
movement but the judge did as well. Neither of them knew that Militia service is
conferred at both the federal and state level.
"One of the highpoints of the hearing was when I asked the ATF officer if the people
in the Militia have a skewed view of the way things are," said Puckett’s attorney,
Gatewood Galbraith.
"Yes," was the "agent’s" answer.
Galbraith then asked him, if people in the Militia were to be "viewed with some
suspicion."
"Yes," was the "agent’s" answer again.
Then Galbraith asked him if people should look at him with some suspicion, and
then informed him of his membership in the un-organized Militia and provided him
with a copy of the U.S. Code that authorizes it.
"He did not know that the U.S. code conveyed the status of member of the U.S.
Militia," Galbraith said. "He looked at me in shock and said ‘I don’t believe that.’"
Galbraith then drove the point home. "I asked him, Who is more delusional, my
client who takes his federally conferred status as a Militia member seriously, or you
who in the face of the federal statute denies it?"
At the end of the hearing the court quizzed Galbraith for 20 minutes on his own
views of the Militia and the First Amendment.
Galbraith had already warned the court that he was standing his ground on the
issue of his client's Militia involvement.
"Your honor I’m not going to let the term "Militia" be vilified in this court in any
way
shape or form," Galbraith told them. "It’s an honored term, federally conferred and by
state statute too."
Galbraith was not surprised at what should be an astounding admission of
ignorance by a Federal employee who is charged with enforcing the law.
"I’m really glad it occurred," Galbraith said. "They’re just untrained. The system is
not going to educate these people."
Also brought up in the hearing were statements allegedly made by Puckett that
were posted on the official Kentucky State Militia website.
"The court, the judge, specifically asked me about some of the statements Charlie
allegedly made," Galbraith said. "Out of the 19 statements the ATF said was
important to know, 10 came from others than Charlie."
Apparently these "investigating officers" don’t even do their own investigating. They
depend on private non- governmental organizations to do it for them.
"Several complaints about Charlie’s statements came from a contact person in the
ADL(Anti-Defamation League) Who apparently keeps the ATF posted on what is said
on some of these call-in shows," Galbraith said.
"Do you think the fact that eight ADL members were arrested on the West Coast
drags down their integrity?" Galbraith then asked the judge. "Then the court said ‘You
can’t judge a whole organization by the actions of a few.’ He realized what he’d just
said. And realized that’s why we were in that courtroom."
Though former KSM member Steve Anderson’s name was brought up in their
investigation of Puckett several times he was not mentioned often in this hearing.
"He was simply referred to as a person who had made threats," Galbraith said.
Anderson is wanted by Federal and state law enforcement for firing on a
Middlesboro, Kentucky police officer and other charges.
People are not encouraged to "pack the courtroom" by Puckett’s counsel.
"A packed courtroom almost always tends to act against the interests of my client,"
Galbraith said. "My main focus here is protecting Charlie."
Galbraith thinks that a trial can be won by educating the jury on the jurisdiction of
the BATF and Federal Government in these matters.
Pat Nash, another Lexington attorney with Federal Court experience is assisting the
defense. "It’s a different set of rules governing evidence, appeals, memorandums,
and points of criminal law," Galbraith said.
The defense intends to involve others as well. "I want an expert on evidence, to find
out what prosecution evidence may be excluded by pretrial motion," Galbraith said. "I
believe in the jury system and I believe that a jury can be educated about these
issues."
Help is needed from the "patriot" community, but not a physical "call to arms," at
this point.
"We can use help in fundraising, research. I would like to issue a civil call to arms
on this," Galbraith said. "It’s not time for any kind of a lock-and-load situation."
Puckett has some restrictions involved with his $50,000 unsecured bond. He cannot
have a computer with a modem, as one of charges against him was that some of the
evidence stated his computer was used to send "threatening messages." He must
turn off his caller I.D. service. All firearms must be removed from his land. He has to
wear a tracking bracelet, and refrain from "criminal activity." He’s also subject to
being dropped in on by the probation department.
Despite all this Galbraith is looking forward to working with Puckett.
"Charlie’s in great spirits. We look forward to getting together outside
institutional
circumstances. I feel like Charlie will be exonerated by a jury," Galbraith said. "The
simple fact is that Charlie is a patriot and has no criminal intent."
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