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