Time: Sun Apr 13 06:33:03 1997
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Date: Sun, 13 Apr 1997 05:51:51 -0700
To: fwolist@sportsmen.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: Thousands Rally Against Supreme Court
Dear Friends,
This is the inside story of Judge Roy Moore
and his pals in the District Court of Etowah
County, Alabama state. We seem to be hearing
a rather one-sided story thus far. I thought
I would add some balanced reporting. Please
feel free to forward this document far and wide.
Even better, let's all call Mr. Bass, the new
"attorney" on the case, and find out what
happened to this Application for Writ of
Habeas Corpus, shall we? His telephone number
is at the end of the affidavit. I disclaim
any responsibility for any inaccuracies in
this document. I have done only minor editing,
to correct spelling and to add clarifying
punctuation. Aside from that, this is the
story, exactly as it was told to me. I still
have heard nothing from my client, William
Michael Kemp, since he surrendered to the
Etowah County Jail without discussing that
idea with me, ever.
/s/ Paul Mitchell
http://www.supremelaw.com
[This text is formatted in Courier 11, non-proportional spacing.]
TO: CIRCUIT JUDGE assigned to the Etowah County,
Alabama, case denominated as:
EX PARTE WILLIAM MICHAEL KEMP
FROM: RICHARD HAMILTON HAYWARD
SUBJECT: Affidavit of efforts to file
the Extraordinary Writ of Habeas Corpus
(I'm confused about procedure in filing writs and having them
heard.)
DATE: March 26th, 1997
On Monday, March 24th, 1997, I lodged a Request for Leave to file
A Writ of Habeas Corpus respecting William Michael Kemp with
Circuit Judge Roy Moore of Etowah County, Alabama. Judge Moore
explained to me that the practice in Etowah County required that
the matter be filed and assigned to a judge in the manner
prescribed by law and then directed me to file the papers with
the clerk of the court. The following morning, Tuesday, March
25th, 1997, I did file the Request for Leave with the clerk.
Over my objection, I was required to pay a filing fee. Since
this is a criminal matter which is expressly authorized by the
Criminal Code, I am understanding that no fee should have been
charged. Lodged with the clerk at that time, and submitted along
with the Request for Leave to File, but not filed, were the
actual Originals to the Application for the Writ which I am
requesting specific authority of the court to file. The case was
assigned with Circuit Judge Cardwell in regular rotation. After
receiving the Request for Leave and the Original to the Writ of
Habeas Corpus, the clerk made a phone call to a Judge whom I
later learned was Circuit Judge Cardwell. From my one-sided view
of the conversation, together with the commentary of the clerk
afterward, Judge Cardwell apparently was sharply displeased with
the filing and directed the clerk to unfile the papers and to
further inform me that I was practicing law without a license.
Regrettably, I then saw the Clerk unfile the papers and along
with my fee return them all to me. Now I was back in the exact
position where I started the previous afternoon. I then returned
to Judge Moore's office to inform him that I was unable to carry
out his instructions and explained the circumstances set forth
above. I then requested that Judge Moore sign my previously
prepared ORDER granting leave to file the Writ of Habeas Corpus.
Judge Moore did signed the ORDER and granted leave to file the
Writ. With the ORDER in hand I then returned to the Clerks
office to file the papers as originally instructed, and now
formally ORDERED, by the court. The clerk filed the Writ. The
clerk then assigned the file to Judge Moore's court. Early
Tuesday afternoon, on the way to the law library I say Judge
Moore and I advised him that the matter had been filed and that
the case had been assigned to him. While I was on my way to
the law library located down the hall from Judge Moore's office,
I happened to meet Judge Moore in the hall where he inquired as
to how the case was going. I informed him that the clerk had
Affidavit of Richard Hamilton Hayward: Page 1 of 4
filed the matter opened the case and has assigned the matter to
his office. Judge Moore then ask me to come into his office.
In that setting he requested copies of the papers and then ask me
to leave his office and shut the door. At the conclusion of what
apparently were telephone calls, I was instructed by Judge Moore
to proceed to Clerks office where I waited for over an hour.
After inquiring for Clerk of Court Billy Yates several times, I
was told that he would return after completing a jury selection.
Following added delay, I returned to Judge Moore's office. After
Judge Moore made a phone call, he advised me that Clerk of Court,
Billy Yates, was in Judge Cardwell's office waiting for me.
Arriving at Judge Cardwell's office, I approached the office to
find Clerk Billy Yates exiting the Judge's office. Billy Yates
introduced himself and advised me that the Judge will hear the
application momentarily. District Attorney Hedgspeth then passed
me and entered Judge Cardwell's office. Billy Yates then
returned to the office leaving the door ajar. Having been
advised to wait there at the Judge's door, I could clearly hear
the discussion inside. Clearly, I heard Judge Cardwell explain
to District Attorney Hedgspeth that he now had the actual Request
for Leave of Court to file the Application and the Order
Granting Leave to File signed by Judge Moore all of which was
filed with the Application for the Writ of Habeas Corpus.
District Attorney Hedgspeth then said we have him on 15-21-7 and
I'll have Hayward locked up for practicing law without a license
followed by a chuckle. Following that exchange Billy Yates
opened the door and exited followed by District Attorney
Hedgspeth who, with surprise, saw me standing there by the door.
Billy Yates then informed me that the matter was going to be
heard in five days but was then interrupted by District Attorney
Hedgspeth who informed me that I'm the lawyer; you're not. I
responded by saying that I was operating on the instructions of
Judge Moore to which District Attorney Hedgspeth responded by
saying That ORDER is not worth spit. I then responded to
District Attorney Hedgspeth's characterization of Judge Moore's
ORDER by saying: Well, that's your opinion, Sir. Following this
exchange and absent any invitation or opportunity to speak to the
Judge, I left the office of Judge Cardwell and then left the
building. I am still searching for the proper procedure for
filing a Writ of habeas corpus to which Judge Moore referred
during my short discussion with him on Monday afternoon when he
directed me to go file it. Based on my experience outlined here,
it seems as though that the procedures frequently changes, from
time to time, depending on to whom your talking; and that
neither the clerks, the district attorney, nor the Circuit Judges
are quite sure what that procedure might be. I certainly don't
know and apparently cannot find out what that procedure might be.
All I am trying to do is to file an Application for the
Extraordinary Writ of Habeas Corpus in the manner prescribed by
Alabama Statute 15-21-4, etc. And it is on the express authority
of the Alabama statutes, together with the common law, that I
rely for authority to act as I have. If that is a violation of
the law, as District Attorney Hedgspeth says, then the Rule of
Law as defined by the Statutes of Alabama will have to be changed
to conform to his thinking. In the meantime, I am content to
rely on the Rule of Law, as distinguished from the Rule of
District Attorney Hedgspeth. And I prefer to rely on the Rule of
Affidavit of Richard Hamilton Hayward: Page 2 of 4
Law as it is printed in the Alabama Statutes rather than the
puzzling but angry opinion of District Attorney Hedgspeth.
Further, I see the threats of District Attorney Hedgspeth as
stated to Circuit Judge Cardwell as to having me arrested for
practicing law as being the District Attorney's attempt to chill
and/or intimidate and/or obstruct my compliance with the strict
exercise of authority, and proper exercise of it, pertaining to
the Alabama statutes concerning habeas corpus. The District
Attorney of Etowah County Alabama, Hedgspeth, knows, or certainly
should know, what the law is which authorizes any person to file
Writs of Habeas Corpus in Alabama -- but in spite of the law --
District Attorney Hedgspeth apparently is insistent on attempting
to thwart the authorized efforts of this citizen while in the act
of proceeding strictly and expressly as authorized by Alabama
Statute. I regret to note that, while District Attorney
Hedgspeth has direct ex parte access to Judge Cardwell in this
matter, I have at the same time and in the same case been
repeatedly denied direct access to the Judge and have been
required to communicate only indirectly through the judges
secretary and receiving reply relayed by Clerk Billy Yates and
others. Why I am unable to speak to the Judge directly about an
ex parte matter which I have personally lodged with the clerk of
Courts in Etowah County is a continuing puzzle to me. Further,
on Wednesday, March 26th, 1997, I learned from an authorized
visit with William Michael Kemp, Applicant on the Writ, while at
the Hospital, that he had been served with notice of a hearing on
the Writ to be held before Judge Cardwell on Friday, March 28,
1997 at 8:30 a.m. To date, I have not been formally noticed of
the hearing on the Writ application that I filed. William
Michael Kemp is confined to a hospital room and is under medical
care and guarded by Deputies of the Etowah County Sheriff
following an apparently near death experience while in the
custody of the Sheriff of Etowah County. On late Saturday
evening last, I accompanied William Michael Kemp to the Etowah
County Jail where he surrendered. At that time he was in good
health and needed no medical attention for his insulin-dependent
diabetic condition that he has had, as I understand it, for most
of his life. I am requesting, in light of these events described
above, verified in accordance with law below, that the court,
whatever court that this case is properly assigned to, pursuant
to the requests made in the pending Application for the
Extraordinary Writ of Habeas Corpus, release William Michael Kemp
on his recognizance, or other reasonable bail, pending the
statutory show cause hearing on the relief requested in
Application for the Writ of Habeas Corpus respecting William
Michael Kemp. Further, affiant sayeth not.
_________________________________________________________
RICHARD HAMILTON HAYWARD
cc: Judge Roy Moore
Judge William W. Cardwell
Clerk of Courts Billy Yates
District Attorney Hedgspeth
Affidavit of Richard Hamilton Hayward: Page 3 of 4
File Jacket: Ex Parte William Michael Kemp
Supreme Court - State of Alabama
CBS News
VERIFICATION
STATE OF ALABAMA )
COUNTY OF ETOWAH )
Before me the undersigned authority on this day personally
appeared RICHARD HAMILTON HAYWARD who after being duly sworn, did
depose and state: "My name is RICHARD HAMILTON HAYWARD. I am
over twenty-one (21) years of age, have never been convicted of a
felony or a crime of moral turpitude and am competent to make
this affidavit. I am the RELATOR in the Application for the
Extraordinary Writ of Habeas Corpus now pending before the Etowah
County Alabama Circuit Court respecting William Michael Kemp and
all of the above and foregoing facts and statements were
personally experienced by me in the course of attempting to file
and give effect to the said writ and all statements, allegations,
denials and attachments contained therein are true and correct to
the best of my knowledge and belief."
___________________________________________________________
RICHARD HAMILTON HAYWARD
Given under my hand and seal this _____ day of March, 1997.
__________________________________________________________
Notary Public, In and For the State of Alabama
__________________________________________
Name of Notary - Printed
205-663-9000 office of attorney - Bass
I was notice that the hearing has been set for Friday, 8:30 a.m.
on 28 March 1997, William W. Cardwell, in Room 209 Etowah County
Courthouse.
Affidavit of Richard Hamilton Hayward: Page 4 of 4
# # #
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
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