FROM: a voice for children
Friday, April 28, 2000 11:24 AM

SUBJECT: JUDGE, ATTORNEYS CONVICT THEMSELVES IN RACKETEERING SUMMARY JUDGEMENT HEARING
Judge says Gastons are "subverting the justice process of the State of Oregon" by fighting for daughter's life and exposing State crimes...

Friday, June 18, 1999 - Salem, Oregon - A hearing was held in the Marion County Courthouse with judge Fred Avera, Polk County, presiding. The hearing was on a Summary Judgement brought by Will and Pamela Gaston, Mt Angel, to address the racketeering and conspiracy against Gastons daughter who has been in foster homes for three years, has been raped and severely abused at the hands of the state.

In April. 1998, before judge Duane Ertsgaard, a jury found that the judges and attorneys, caseworkers and foster parents, and others, are conspiring to destroy the Gaston family from exposing the horrific abuse that the State of Oregon has enacted on Gaston's child.

The hearing before Avera was the second time the racketeering Complaint has gone for summary judgement. The case is in federal courts also, for Deprivation of Rights and Conspiracy, Racketeering and Fraud. The first state case was summarily dismissed, in May, 1998, by judge Lewis, Lane County, who stated that "facts are not an issue" as he dismissed the case.

Avera refused to recuse himself in three hearings on June 15, 17 and 18, in three different cases involving the Gastons and another jury trial which the Gastons were the eyewitnesses. Avera allowed the six attorneys and attorney general representative to sit in the jury box, over Gaston's protests. On of the attorneys, Phil Kelley, of Silverton, was red-faced and lost his train of thought as Gaston told the judge how Kelley had a month before, returned the legal papers for one Donna Myers, lying by saying he had no knowledge of this woman, yet was here representing her.

With a courtroom full of court watchers, Pamela and Will Gaston told the court about the setups, repeated sham hearings and trials to which they have been subjected for three years. They told how in the past, the courts used illegal methods to prevail in court, such as holding a hearing to dismiss before allowing hearings on the issues. The Gastons described how for three years, the courts had brought so many proceedings against them in the state efforts to prevail, that the Gastons have learned to recognize these setups now as the courts attempt to enact them..

Gastons told the judge that was exactly what was happening right then, with the attorneys there requesting their motions on dismissal. Gastons told Avera that they will not participate in any more sham proceedings.

Pamela Gaston told the court the they were there sui juris, holding an Article 4 flag, and that they refused to be a commodity to the color of law flag in the courtroom, and were claiming their sovereign constitutional rights to be upheld. Gaston told the judge that they will not participate in courts stripped of their due process, where their children are called "commodities for the human resources funding streams" as they refer to it, or where "bounties" are paid for children who are adopted away from their families.

Gaston told the judge that ORCP Rule 47, Summary Judgement, states that the opposing parties must establish by personal knowledge and affidavit, FACTUAL dispute of facts presented by the Plaintiffs. The rule states that denial is not enough. Gaston told the court that not only has the State not disputed one word, but had admitted many crimes, believing the state employees to be immune from prosecution for their actions. Gaston turned to the six attorneys in the jury box and the special trial attorney general Barbara Gazeley, and demanded one by one that they dispute ONE FACT. One by one, the attorneys, red-faced and in a voice barely above a whisper, told the judge he had their motions and could rule on them in private. One by one, NOT ONE WORD OF DISPUTE WAS UTTERED, even as Pamela Gaston challenged each one to dispute their case. For three years, Gastons have been saying that there has never been one word of dispute in any court, on any record, in the Legislature, anywhere, and now this is confirmed evidence, not only a jury verdict, but now on the record, these parties have convicted themselves.

Judge Avera did not care that the state case did not rise to the threshold to prove their case, having absolutely not one word of defense, and Avera violated the very essence of the summary judgement rule. In fact, after hearing a week of the evidence of heinous crimes against Melissa Gaston, including rape in foster homes, Avera dismissed the case against these 75 defendants, fourteen judges, Governor Kitzhaber and Supreme Court Justice Wallace Carson, Attorney General Hardy Myers (Carson and Myers are also on a separate complaint into the Ninth Circuit federal court for fraud, slander and rights violations for the lies that are being upheld and illegally used to incriminate the Gastons).

Every time the Gastons tried to lay out the facts in the case, they were blocked by judge Avera. Avera listened to a scathing indictment against himself and the judicial system who are blatantly violating the Gastons rights of due process to conceal evidence of state crimes against their family, which they have exposed.

During the week's hearings, every time the Gastons asked Avera if they were in a Constitutional Court, he said he "was not there to be interrogated." At one point, Pamela Gaston asked Avera if he was a public servant. Avera refused to answer. She asked if he took and oath to uphold the Constitution. He answered, barely audible, "yes." She then asked him if he was going to uphold this oath. He whispered "yes." She asked if he had violated their due process already. He whispered "no."

As Avera dismissed the case, he said that the court finds the "action to be frivolous and oppressive... plaintiffs have no objectively reasonable basis to assert their claims, and that ... action was brought with malicious intent and for the purposes of injuring defendants and SUBVERTING THE JUSTICE PROCESS OF THE STATE OF OREGON." And he awarded costs (millions?) to the defendants.

It is important to note that the last line of this, subverting the justice process, is to move toward charges of terrorism against the Gastons, and to prevent anyone from doing what they are doing by exposing judges and state crimes. The State is currently writing oppressive legislation, in particular, SB70, and bills like it, to prevent anyone from coming into court, sui juris, and confronting the corruption openly. This should be alarming to everyone and an alert to push harder than ever to prevent the state from enacting any further restrictions, or the right of due process will be called "criminal" if one "intimidates or harasses" a court official or state employee...