STATE OF ALABAMA
v.
WILLIAM MICHAEL KEMP
IN THE CIRCUIT COURT OF
ETOWAH COUNTY
ALABAMA
CASE NO. CC-95-1083-DWS
MOTION TO RECUSE
Comes now the presumed defendant, William Michael Kemp, in
my proper person by special visitation, in the above styled
cause, and moves the Court for the recusal of Judge Donald W.
Stewart and Judge William Cardwell for cause, said causes for the
recusals being stated in affidavit form [see Exhibit 1, a true
copy of the affidavit in question, included for reference] on the
tenth day of the tenth month of this year of our Lord one
thousand nine hundred and ninety six, and served upon these
judges and other officers of the court on the eleventh day of the
tenth month of this year of our Lord one thousand nine hundred
and ninety six.
Certain facts in contradiction of the affidavit of the tenth
day of the tenth month of this year of our Lord one thousand nine
hundred and ninety six, which came to light in open court are
addressed in the affidavit included in support of this motion,
and these contradictory facts do not abate the cause for removal,
as the bulk of the affidavit [ Exhibit 1 ] is unaffected and
unrebutted.
Attorney: NONE
Motion to Recuse: Page 1 of 15
Table of Contents
Page one Title Page, statement of MOTION
Page two Table of Contents
Page three through five Affidavit in support of MOTION
Page six through seventeen Exhibit 1, Affidavit of October 10,
1996
Page eighteen Exhibit 2, Affidavit in support
of search warrant
Page nineteen Verification
Page twenty Statement itemizing persons served,
method
Motion to Recuse: Page 2 of 15
AFFIDAVIT OF FACTS
I, a man given the name William Michael by my family Kemp,
being competent in mind and in body and not under any legal
disability now come to state that I have my own knowledge of the
matters herein and hereby declare the following to be true,
understanding the consequences of making false statements.
One
In section Six of my affidavit of the tenth day of the tenth
month of this year of our Lord one thousand nine hundred and
ninety six, I stated that the "...warrant is completely without
an affidavit of facts sworn to by another human being."
As was revealed in open court, there did exist an affidavit
[ Exhibit 2 ], and said affidavit was unlawfully withheld from
me. The net result of this is that I was deprived of a copy of
the so called search warrant until actually in the midst of a so-
called trial, in contravention of due process of law.
Two
The facts of the affidavit accompanying the alleged search
warrant [ Exhibit 2] issued for my home after the fact of
multiple searches do little to show the total circumstances which
led to the warrantless assault on my home, and in fact show a
pattern of concealment and deceit, impeaching the warrant as
badly as not having an affidavit at all would impeach it.
To wit: the affidavit [ Exhibit 2 ] states that the affiant
officer, Todd Entrekin, did not meet face to face with the so
called "informant." Nothing was stated in the affidavit nor in
testimony how the identity of this "reliable" informant was
confirmed, and though he testified that the "informant" stated
that he had been in my back yard within the twenty four hours
preceding the assault, the officer did not ascertain if the
"informant" had my permission to be in my back yard. In point of
fact, the "informant" was trespassing, a point often made and
never rebutted.
If the officer was familiar enough with this "informant"
that he could positively identify him by telephone, then it is
obvious that this "informant" is acting as agent for the officer.
This circumstance would require that the "informant" be invited
or have a warrant, and neither has been demonstrated or even
alleged.
Three
The affidavit fails to inform the reader that the physical
location of my back porch is completely secluded from any off-
site observation, and that in fact the officers in the helicopter
helicopter performed an unauthorized search, for which purpose
the helicopter was specifically summoned.
The affidavit states that the officer received the
information from the "informant" at "0900 hours." The officer
stated in sworn testimony that he "had probable cause" at that
point, and he sent for a helicopter. Five hours elapsed while he
waited for the helicopter, while he considered himself to have
probable cause, and he sought no warrant.
Motion to Recuse: Page 3 of 15
Four
The warrantless assault on my home was carried out for what
is a misdemeanor violation, though I do not acknowledge that my
behavior constituted any crime. However, the alleged "trial" and
the affidavit for the search warrant, finally produced, show that
this entire effort was aimed at a man with no convictions and
with no evidence of felonious behavior. No evidence pre-existing
the actual assault on my home was offered on the affidavit for
warrant, and no testimony was offered subsequently to indicate
any felonious behavior. Yet, multiple searches were performed and
an arrest made on the basis of questionable information obtained
by unlawful means.
Five
Officer Entrekin testified in open court that he had not
informed the judge signatory to the warrant that a search of my
home had already been performed, yet in the affidavit he states
that "Jay Howell saw weapons in the house." This statement is an
outright falsehood, or the testimony offered in court was false.
Six
The affidavit supporting the warrant states "While clearing
the house for safety..." in describing the search of the interior
my home. This patently unlawful act was made "necessary" by the
unconstitutional nature of the statute, and the unlawful methods
necessary to enforce these statutes inimical to the Constitution.
Seven
In my affidavit [ Exhibit 1 ], sections Six and Seven, I
point out cause for recusal of Judge William Cardwell. This call
was on the basis of a warrant issued after search and seizure,
for the entrance of a plea in this alleged matter over my
repeated objection, and for the issuance of a warrant without an
affidavit of facts.
An affidavit, previously concealed from me, was produced at
the alleged "trial," and as previously discussed in this
affidavit is perhaps more damning of the alleged "warrant" than
if it lacked an affidavit. Regardless, the other causes for
recusal remain unrebutted and demand recusal of Judge Cardwell
from this matter.
Motion to Recuse: Page 4 of 15
Eight
In my affidavit [ Exhibit 1 ], section Seven, I point out
cause for recusal of Judge Donald Stewart. The reasons for this
call remain unanswered and unrebutted, and are clear in the
affidavit [ Exhibit 1 ].
Nine
I am not trained in the convolutions of statute law- however
I do know right from wrong through my conscience and the word of
God. If anyone can prove error herein, I will retract or correct
any erroneous statement. Unless it can be proven with
particularity by stating in written affidavit form within thirty
days of receipt hereof, all requisite actual evidentiary facts
and all requisite actual law, and not merely the ultimate facts
and conclusions of law, that this affidavit statement is
substantially and materially false, my factual declarations
presented herein will prevail, uncontested.
Conclusions
Recusal of Judges Cardwell and Stewart from these
proceedings is required for cause stated and for the impropriety
of ignoring my lawful challenges.
Motion to Recuse: Page 5 of 15
AFFIDAVIT OF FACTS
I, a man given the name William Michael Kemp, being
competent in mind and in body and not under legal disability,
now come to state that I have my own knowledge of the matters
stated herein, and hereby declare the following to be true,
understanding the consequences of making false statements.
One
The Constitution for the United States of America clearly
states the source of sovereignty in our nation with the first
words of the Preamble: "we, the people of the United States..."
As the Constitution begins with the declaration of sovereignty,
the body closes (immediately prior to the clause for
ratification) in Article VI with the words: "all executive and
judicial officers, both of the United States and of the several
States, shall be bound by oath or affirmation, to support this
constitution; but no religious test shall ever be required as a
qualification to any office or public trust under the United
States."
The first ten Articles in Amendment and addition to the
Constitution recognize and guarantee and protect my rights and my
sovereign status. Failure by any sworn public servant to uphold
the letter of the entire Constitution is prima facie evidence of
violation of oath of office, cause for criminal and civil
actions, and grounds for immediate removal from office.
Two
I, given the name William Michael by my family, Kemp, am
entitled to be called by that name, and to answer lawfully to no
other. Specifically, I do not answer to the fabricated name
KEMP, WILLIAM MICHAEL; further, I believe that referring to me by
this false name is an attempt to create a colorable person so
that colorable "law" may be applied.
I deny the name KEMP, WILLIAM MICHAEL and will henceforth
return unopened and without prejudice communications from the
court which are addressed in this fashion, or in any fashion
other than herein described. My proper name is William Michael
Kemp, and my mail-to location is in care of two thousand one
hundred eight Lookout Street in Gadsden Alabama.
Three
I have the right, should I be properly accused in my proper
person of a proper crime, to answer proper charges in my proper
person. I need no representation, and certainly do not ascribe to
the legal fiction that I am a "pro se attorney" representing
myself. I stand before the court in my proper person, under
duress and by special visitation, demanding to be informed of the
nature and cause of accusations against me. I have not been
properly informed of the nature and cause of the accusations made
against me.
Motion to Recuse: Page 6 of 15
Four
I have the right to assistance by my choice of counsel for
my defense. This is not the right to be "represented," it is my
right to choose those who, in my opinion, would provide the best
assistance in my defense. This counsel may speak to the court in
my stead, or I may speak myself, or both. The concept that only
members of the bar or "pro se," "honorary attorneys" may be
heard by the court is legal fiction, unlawfully perpetrated by
the bar associations whose members practice under an assumed
title of nobility, contrary to the Constitution for the united
States of America.
I therefore reject the court-imposed label of "pro se," said
label applied by the court over my repeated statements to the
contrary, and reject attempts by so called judges who would have
me give up my rights to an officer of the court, a bar
association member, who would "represent" me.
Five
I have the right of due process of law, which includes but
is not limited to proper, timely notification in my proper
person when my presence is required by the court. This provision
of due process, as well as most other provisions have been
totally absent throughout the attempted prosecution of me.
I have the right to be secure in my person, house, papers,
and effects. The Fourth Amendment to the Constitution requires
that warrants pre-exist searches and seizures, and rest upon an
affidavit of facts, determined by a judge to contain probable
cause for search. Searches and seizures carried out in any other
fashion are unlawful on their face, and are in fact criminal
acts.
Six
I have the right to an unbiased judge, who is sworn to be
bound by and to uphold the Constitution, to preside over any
legal proceedings and insure that due process and my other
rights, all of which I demand, are observed.
So called judge Cardwell of Etowah County, Alabama state,
signed a so called warrant on my place of housekeeping on the
eighth day of the ninth month of the year of our Lord one
thousand nine hundred ninety five. This so called warrant was
signed despite the fact that the search and seizure for which the
so called warrant was issued had already taken place. Further,
the so called warrant is completely without an affidavit of facts
sworn to by another human being.
Motion to Recuse: Page 7 of 15
Seven
On the thirtieth day of the ninth month of this year of our
Lord one thousand nine hundred ninety six, so called judge
Stewart of Etowah County, Alabama state read a so called record
from the so called court of so called judge Cardwell which bore
little or no resemblance to the actual events of that day in the
first month of this year of our Lord one thousand nine hundred
ninety six, which I tape recorded, fearing just such an
alteration of the record by the already discredited so called
court.
Also on that thirtieth day of the ninth month of this year
of our Lord one thousand nine hundred ninety six, so called judge
Stewart set a date for a so called trial despite the fact that I
had entered no plea, and that no proper notification of the
nature and cause of the accusations had been made, and despite
the fact that he had been so notified.
Discussions with the so called judge continued, and I
indicated to the so called judge that I saw no valid crime for
which I should enter a plea, and also indicated to the so called
judge that the so called warrants used to excuse the unlawful
actions against my person and property were fraudulent.
The so called judge agreed that a challenge to the law and
the warrant would be entertained. However, immediately following,
the so called judge reiterated that the so called trial would
take place on the date which the so called judge had previously
set, indicating that any arguments to the contrary were already
discounted, without a hearing. This is clear demonstration of
prejudice.
Eight
On the eighth day of the ninth month of the year of our Lord
one thousand nine hundred and ninety six, officers under the
command of Sheriff James Hayes of Etowah County, Alabama
assaulted my home without warrant. In the course of this assault,
firearms (as well as other items) were removed from my home and
are now held in the custody of Sheriff Hayes.
Neglecting for the moment the many unlawful aspects of this
action, and pursuant to the conversation which took place on the
thirtieth day of the ninth month of this year of our Lord one
thousand nine hundred and ninety six among judge Donald Stewart,
District Attorney James Hedgspeth, and me concerning the District
Attorney's lack of interest in my firearms, I informed Sheriff
Hayes by registered certified mail of my intent to repossess my
firearms from his custody on the seventh day of the tenth month
of this year of our Lord one thousand nine hundred and ninety
six.
Motion to Recuse: Page 8 of 15
Nine
Sheriff Hayes refuses to surrender custody of these
firearms, citing the federal Bureau of Alcohol, Tobacco, and
Firearms and a section of the US Code which applies to licensed
firearms dealers. He states that he is awaiting further
instruction from "the court." He has done this despite the fact
that even after an alleged warrant was obtained after the fact to
give the color of law to his actions, the alleged warrant makes
absolutely no mention of firearms to be seized. He is therefore
totally without legal foundation for his actions, which are
criminal in nature.
Ten
I have the right to be secure in my person, house, papers
and effects. The taking of my possessions without warrant is
theft, and if accomplished by force, is robbery. I have personal
knowledge that at least one officer did enter my place of
housekeeping and take at least one firearm without any warrant
extant which would have given the officer permission to do so,
while another officer held me at gun point on my back porch.
Eleven
If this court is unwilling to instruct its agent, the
sheriff, to return my firearms, my only alternative is to
vigorously prosecute all persons involved in this armed robbery,
the subsequent receipt and retention of this property stolen from
me, the conspiracy surrounding the crime, and other criminal acts
committed by members of law enforcement and the court. If I
receive no notification by the eighteenth day of the tenth month
of this year of our Lord one thousand nine hundred ninety six,
that my firearms are ordered and immediately available to be
returned, prosecution shall proceed. Further, regardless of the
court's action or lack thereof, I retain my right to prosecute
all officials involved in these matters for all their criminal
actions toward me, as well as all my other rights.
This demand conveys no jurisdiction over me to this court,
but is rather to point out criminal activities by officers of the
court.
Twelve
I have the God-given right to use my land to feed, clothe,
house, and provision myself, unimpeded. I have the God-given
right to cultivate the land with the plants which the Lord has
placed here. I have the God-given right to retain the product of
my lawful labor. In fact, I have the God-given duty to labor and
produce so that I might obtain the products to sustain myself.
I have the God-given right and duty to sustain myself in the
manner which most seems, through His guidance, appropriate to me,
so long as I do not interfere with the rights of another human
being. In the absence of my interference with another, the state
has no say over my labor, its products, and my private behavior.
The state has no financial claim over products which I produce on
my own land with my own labor which have no effect which reaches
beyond the bounds of my property.
Motion to Recuse: Page 9 of 15
Thirteen
My body and my life are given to me by God me for my use,
and are not the property of the state. God placed the earth and
all its contents here for our sustenance. The earth and its
contents are not within the ownership nor purview of the state,
but are rather placed here for the use of human beings.
I suffered a closed head wound at birth, partially
paralyzing me and eventually resulting in gran mal, psychomotor
epileptic seizures. I have been an insulin dependent diabetic
since childhood. I am severely arthritic. None of these
conditions are the fault nor the responsibility of the state, nor
of any other human being. While they are not my fault, they are
exclusively my responsibility, from God.
God having vested in me the responsibility, and the
intelligence, and the natural resources to deal with my
afflictions, it is within my authority- not that of the state- to
decide how to best use the products of God's Creation in my life.
Should the state wish to advise me, they may feel free to do
so, but in no way am I obliged to accept the opinion of the
state, nor to ask permission for my use of natural products,
including hemp.
Fourteen
I have the God-given and Constitutionally guaranteed right
to worship God and follow his Word as so suits my conscience. My
family Bible, on the first page of the first book, in Genesis
1:26 and following: And God said, Let us make man in our image,
after our likeness: and let them have dominion over the fish of
the sea, and over the fowl of the air, and over the cattle, and
over all the earth, and over every creeping thing that creepeth
upon the earth.
So God created man in his own image, in the image of God
created he him; male and female created he them.
And God blessed them, and God said unto them, Be fruitful,
and multiply, and replenish all the earth, and subdue it: and
have dominion over the fish of the sea, and the fowl of the air,
and over every living thing that moveth upon the earth.
And God said, Behold, I have given you every herb bearing
seed, which is upon the face of all the earth, and every tree, in
the which is the fruit of a tree yielding seed; to you it shall
be for meat.
And to every beast of the earth, and to every fowl of the
air, and to every thing that creepeth upon the earth, wherein
there is life, I have given every green herb for meat: and it was
so.
And God saw every thing that he had made, and behold, it was
very good.
Motion to Recuse: Page 10 of 15
Fifteen
I have the God-given and Constitutionally protected right to
pursue, obtain, and propagate knowledge of the natural world,
whether it be through literary investigation or production, or
through scientific investigation or publication. This is
typically referred to as academic freedom.
Sixteen
I have the God given right to defend the body He has given
me, and the property with which He has blessed me. Thus springs
the Constitutional guarantee of my right to keep and bear arms.
Thus the state has no right to my firearms in the absence of
their offensive use.
Seventeen
I have the Constitutionally guaranteed right to be secure in
my person, house, papers, and effects against searches and
seizures which are carried out without an affidavit of complaint
against me from another human, which therefrom issues a warrant
for search for search and seizure. Specifically, a warrant must
be obtained prior to search. This is recognition that lives and
property are products and gifts of God, and that rightful
ownership is not to be interfered with.
Eighteen
Due to my sovereign status in America and this due to the
direct gift of life from God, I am Constitutionally guaranteed
the right of due process of law, affording me the opportunity to
know how I might have damaged or endangered another human being,
to confront this allegedly damaged individual in order to
determine whether rights have been violated, and to have my case
examined by a jury under no duress or undue influence from either
side of the quarrel.
I have the right for this jury to be fully informed of its
lawful duty and authority to examine all aspects of the case and
to decide guilty or not guilty strictly and solely on the basis
of their consciences, if necessary in contravention of "the law."
I have the Constitutionally guaranteed right to be heard
before a competent and impartial, Constitutionally loyal judge to
insure that due process and all my rights are observed. I have
the Constitutionally guaranteed right to my choice of counsel,
not subject to the whims of the court due to an allegiance sworn
to other than the Constitution.
Motion to Recuse: Page 11 of 15
Nineteen
The Ninth Amendment to the Constitution clearly states that
the lack of enumeration in the Constitution of a right does not
in any way deny or disparage that right. This affidavit clearly
states rights which are clearly being denied by government
action.
Twenty
Alcohol is the natural product of yeast feeding on sugar,
with alcohol as the product. The Eighteenth Amendment to the
Constitution for the united States of America was passed in an
attempt to stop the manufacture of and commercial transactions
involving alcohol, yet even with this Constitutional Amendment,
the private possession of alcohol was not addressed.
This clearly demonstrates the unconstitutionality of the
government's interference with Constitutionally guaranteed
commerce in the natural products of the earth, without a
Constitutional Amendment to that effect.
Further, it demonstrates that absent the repeal of the Bill
of Rights, the private possession of any natural substance is
outside governmental purview.
Twenty-one
As hemp and its derivatives and extracts are available by
prescription, this is in effect a license. As licenses are
nothing more than a titles of nobility, entitling one class to
behavior which would be illegal for others, this alone causes the
criminal statutes prohibiting possession of hemp to be
unconstitutional.
Twenty-two
As tobacco is a plant, and not a drug unless the active
chemicals are extracted and otherwise used, hemp is a plant.
Indeed it contains a substance which has a drug-like effect, but
in its natural state it is nothing more than a plant, an herb,
and therefore not subject to the restrictions placed upon drugs.
Twenty-three
The Constitution, to which all executive and judicial
officers are sworn, clearly states that the rights of government
are nonexistent, that all authority is delegated. This delegation
is from the empowered sovereigns, the people, to their servants,
government. Thus is the requirement that government only stand in
the stead of a sovereign human being, having no authority to
exist independent of the people. In the circumstances which give
rise to this affidavit, there exists no human being for the state
to stand in place of. There is no complaint, no injured party..
Motion to Recuse: Page 12 of 15
Twenty-four
I am not trained in the convolutions of statute law- however
I do know right from wrong through my conscience and the word of
God. If anyone can prove error herein, I will retract or correct
any erroneous statement. Unless it can be proven with
particularity by stating in written affidavit form within thirty
days of receipt hereof, all requisite actual evidentiary facts
and all requisite actual law, and not merely the ultimate facts
and conclusions of law, that this affidavit statement is
substantially and materially false, my factual declarations
presented herein will prevail, uncontested.
Remedy
I hereby require, on the basis of facts presented herein and
to avoid even the appearance of impropriety, that William
Cardwell and Donald Stewart join William Rhea in recusing
themselves from this attempted prosecution of me, or be so
ordered.
I hereby require, on the basis of facts presented herein,
that Sheriff James Hayes immediately return my firearms and all
other property seized from me.
I hereby require, on the basis of facts presented herein,
that the alleged, so called search warrant used in this attempted
prosecution of me be declared void.
I hereby require, on the basis of facts presented herein and
following, that the statutes which attempt a prohibition of hemp,
and used to attempt this prosecution of me, be overturned as
blatantly contrary to the Bill of Rights, overly broad, maximally
intrusive in attempting to control human behavior in a manner
outside the purview of government, interfering with religious
liberty, perpetuating a "class of nobility" in direct
contradiction of the Constitutional edict against such,, and
unequally treating similar items- i.e., tobacco, alcohol, and
hemp.
It is obvious that the attempt to prohibit alcohol from
commerce even with a Constitutional Amendment authorizing such
was a dismal failure, never attempted private possession and
consumption, greatly contributed to official corruption (as
evidenced in this instance and in countless other instances),
criminalized behavior which was not criminal in nature, and
greatly stressed the fabric of a free society. The attempted
prohibition of hemp without any Constitutional authorization is
at least as dismal a failure, and is unlawful in addition. The
statutes against possession of hemp must be immediately declared
void.
I hereby require, on the basis of facts presented herein,
that the attempted prosecution of me cease, or be ordered to
cease, in its entirety..
Motion to Recuse: Page 13 of 15
Verification
I hereby present this Affidavit of Facts, declaring the
truth of my statements, knowing the consequences of making false
statements, as per Page One of this Affidavit.
I decline to use a state licensed witness (notary) and
instead follow the Biblical example of two witnesses.
/s/ Mike Kemp
___________________________
William Michael, Kemp, sui juris
by special visitation
mail-to location:
c/o two one zero eight Lookout Street
Gadsden, Alabama
[35904]
Signed and verified on this, the tenth day of the tenth month of
this year of our Lord One Thousand Nine Hundred and Ninety Six
before these witnesses at Alabama state, Etowah County.
One:_____________________________ Two:___________________________
Statement itemizing persons served; method of service.
I hereby state that I have placed true and correct copies of the
foregoing in the hands of the persons listed below, or their
representative on this, the eleventh day of the tenth month of
this year of our Lord One Thousand Nine Hundred and Ninety Six,
except as noted:
James Hedgspeth, District Attorney of Etowah County, Alabama
state
judge Donald Stewart of Etowah County, Alabama state
judge William Cardwell of Etowah County, Alabama state
Sheriff James Hayes of Etowah County, Alabama state
notified via first class mail, postage affixed:
Attorney General Jeff Sessions
State House
11 South Union Street
Montgomery, AL 36130
/s/ Mike Kemp
____________________________
William Michael, Kemp, sui juris
by Special Visitation
Motion to Recuse: Page 14 of 15
Verification
I hereby present this Affidavit of Facts, declaring the
truth of my statements, knowing the consequences of making false
statements, as previously stated in this Affidavit.
I decline to use a state licensed witness (notary) and
instead follow the Biblical example of two witnesses.
/s/ Mike Kemp
___________________________
William Michael, Kemp, sui juris
by special visitation
mail-to location:
c/o two one zero eight Lookout Street
Gadsden, Alabama
[35904]
Signed and verified on this, the seventeenth day of the eleventh
month of this year of our Lord One Thousand Nine Hundred and
Ninety Six before these witnesses at Alabama state, Etowah
County.
One:_____________________________ Two:___________________________
Statement itemizing persons served; method of service.
I hereby state that I have placed true and correct copies of the
foregoing in the hands of the persons listed below, or their
representative on this, the eighteenth day of the eleventh month
of this year of our Lord One Thousand Nine Hundred and Ninety
Six.
James Hedgspeth, District Attorney of Etowah County, Alabama
state
Judge Donald W. Stewart Circuit Judge of Etowah County, Alabama
state
Judge William Cardwell Circuit Judge of Etowah County, Alabama
state
Circuit Clerk of Etowah County, Alabama state
/s/ Mike Kemp
____________________________
William Michael, Kemp, sui juris
by Special Visitation
Motion to Recuse: Page 15 of 15
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Alabama v. Kemp