175 votes

Judge: Ron Paul Supporter Brent Stafford Found Not Guilty of Trespassing After Republican Caucus

St. Peters Municipal Court Judge Donald Kohl ruled Brent Stafford not guilty of trespassing after the March 17 St. Charles County Republican Caucus at Francis Howell North.

Kohl approved a motion for acquittal by defense attorney David Rolland, of the Freedom Center of Missouri. Rolland cross-examined prosecution witnesses, but had not yet presented defense witnesses.

"Those in authority can't trespass unless they are specifically ordered to leave," Kohl said while giving his ruling. "And then they have to be given an opportunity to leave."

The St. Charles County Republican Central Committee had rented out the building, and Brent Stafford was a committee member. Rolland said the city had not shown that Stafford, a Central Committee member, understood he had to leave the grounds, had been ordered to leave the grounds, or was given opportunity to leave after being ordered to do so.

Rolland said the city of St. Peters didn’t show either that Stafford was specifically ordered to leave or was allowed to leave.

http://stpeters.patch.com/articles/judge-stafford-not-guilty...



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Thank you again for all of your kind words

Thank you to everyone who has been following this and especially to those that were able to donate to the Missouri Freedom Center. The Missouri Freedom Center can use all of the financial support we can get them. They did not charge me for my defense, but I will be making as large a donation as I can when I am able to.

We had prepared a very good defense and had subpoenaed a number of people to put under oath. We did not get that far.

After the prosecution had called 5 witnesses, 3 police officers, Bryan Spencer, and another man who is on the school board as well as the Treasurer for the St. Charles County Central Committee, they rested and David Roland made a motion for acquittal.

That motion is basically a free shot at a win without putting on a defense. It is basically saying that the prosecution has not even come close to "beyond reasonable doubt" and so we really don't have to keep going. The judge agreed with the motion and it was over.

I know that many people wish that more could have been done to focus on the actions of those that rigged the caucus and why I had a right to be there, but I was charged with violating a specific ordinance with specific wording. Once we had shown that I had not violated the ordinance based on its wording, there was no case. If we had put on a defense, then many of the things that were problems that day and why my actions were lawful would have been on record.

I do not want to go into much detail on here because I do intend on seeking damages in federal court. It is my intention to explore a federal civil rights case against those involved. I will not say who may be named as defendants in the case, you can speculate on that yourselves.

Also, since it is no longer a secret, I will say that I have been in contact with the ACLU about taking the case for me. I will not put words in their mouths, but I will say I am very confident they will take this case.

I am tired of free speech zones. I am tired of politicians who think that their constituents first amendment actions in response to their decisions is a crime, i.e. the new law banning protesters anywhere there is secret service, what if I was there first? I am tired of police violating our protected constitutional rights. I am tired of our government crapping on the Constitution and us.

Our law enforcement, our government servants, our politicians, our military, need start looking at their actions and thinking first, is this constitutional? If the have taken an oath to uphold it, they MUST have that mindset in everything they do. They MUST err on the side of broad interpretation of our rights and not rely on some loophole around it, either real or perceived.

I am drawing a line in the sand. I will not step back. I will not waiver. I will hold those involved to account for their actions. To those who seek to cross that line, you shall not pass!

I will not go quietly into the night! I will not vanish without a fight!

Next stop, Federal Court.

Just curious...

Since the cops were off duty when they committed this atrocity, aren't they acting as private citizens? First, how do they have the power as private citizens to arrest and shouldn't they not be wearing police uniforms if they are off duty? Second, can't they be civilly sued as private citizens since they were off duty? Last, can't the individuals who hired these off duty thugs be also held responsible for some sort conspiracy both to disrupt the political process and also to take out a political opponent?

I know a lot of us here would find it very gratifying to see these guys pay and made an example of...particularly the scoundrels in the party who couldn't play fair. They need to be exposed and learn that people are watching.

COA is agency liability leaning on tort liability the elements

Of negligence To intentionally inflicted emotional distress can be proven if the agent police officer playing a private role passes liability to the principle (rnc). The rnc had a duty to invitees even in a private forum and they went against their own rules... Just admit that and ssuuueee

A true flower can not blossom without sunlight and a true man can not live without love.

Every morning..

..there seems to be at least one great piece of news here to set the tone for a great day. Congratulations to Brent Stafford, I'm sitting here 8200 miles away feeling REALLY relieved!

Great read and news

made my day, what I really can't believe is the judge letting that militia man go for so called plotting against the government, they gave 100,000 rounds of ammo back to him and his 40 something guns, unbelievable

It's very good news

that Brent was found not guilty, but complete justice will not be served until the cops that were involved are punished for perjury and false arrest, and Brent is reimbursed for his time and money spent fighting the charges. What the cops wanted to happen to Brent should be served upon them in full measure.

GODSPEED BRENT

GODSPEED BRENT

Yes - money well spent!

Yes - money well spent! Congrats Brent - I know it's got to be a relief.

I'm not A Lawyer but, Can Brent Collect damages Even though

there was no actual harm done to him?

I would like to know if can counter sue for punitive damages..

The short answer is yes ...

The actual answer is that his attorneys will probably be awarded treble attorney fees (If state laws are similar) and Brent will probably opt to not seek punitive damages beyond that.

Appreciate your imput..

thanks rhino..

YES. There are two types of

YES. There are two types of damages. ACTUAL and STATUTORY damages, Actual damages are real damages, like injuries, loss of property etc. Statutory damages are what are set by law, as in someone violates the law.

HOWEVER, each state has different laws regarding statutory damages and may not have them for specific things.

Also, you can't "countersue" in a criminal case. You would have to file a civil suit and must list the cause of action and damages sought, such as wrongful arrest. But that is very difficult.

If you disagree with me on anything you are not a real libertarian...

how about the cops who

how about the cops who participated? any chance those lacky's will go to prison or lose their pensions at least?

They are usually immune

They are usually immune unless there is a gross negligence. You can't sue cops every time they make a mistake.

Think about it this way. If someone calls the cops on you and tels them you hurt them, you will get arrested even if the person was lying. You can sue the person for abuse of process, but you have to prove abuse. You can't sue the cops.

If you disagree with me on anything you are not a real libertarian...

you cant sue the cops... but you can sue the RNC as a Principle

Agency Liability does not immunize the principle... Officials are not immune under private contract

A true flower can not blossom without sunlight and a true man can not live without love.

I don't know what you are

I don't know what you are talking about. Never heard of a cause of action called "principle." What do you mean officials are not immune under private contract? Where are you getting your stuff from?

If you disagree with me on anything you are not a real libertarian...

Considering cops shoot and

Considering cops shoot and kill innocent people all the time and don't even get fired, probably not.

COPS

It would be good to learn if these cops were hometown cops or from another state. Chatting with one when I moved back to my home city, I found that all our "hometown cops" were deployed by the NWO feds. Checking out just who Brent is dealing with before action may be a wise course. Cops very seldom shot innocent people in olden days. Could be their unions, which they did not used to have, shield them, and like the federal government, they are clueless who works for who.

Mary 4 RP

You sound like a Lawyer...

Thanks for responding to my question..

Yes. I Hope That He Fights Back - Legal Abuse is a Crime

Brent is a hero. Period.

I am furious at the widespread abuse of process that takes place in our litigious society.

The following is my non-professional opinion - as an outsider and a consumer of "justice":

Civil damages would be extremely difficult to win. Damages would have to be proven. But a GOOD, TRUE Patriot lawyer might able to get something back, such as legal expenses and other damages. It would require a special lawyer - someone who is not afraid to fight to the end. These types of lawyers are hard to find because they do not want to risk their status in the legal community. A good pro-se legal coach would be an alternative if a trusted patriot lawyer cannot be found.

Here are some other options -

As a victim of legal abuse, I would assemble a case against the prosecutor and file ethics charges with the Missouri Supreme Court. The chances of winning are slim but if a patriot lawyer can be found, he might be able to put together a good case. If a lawyer cannot be found to help (lawyers do not like to file ethics charges) then charges can be filed without a lawyer. I am sick and tired of these frivolous cases which endanger the livelihood and life of victims of legal abuse.

Also, as a victim, I would prepare an affidavit (signed under oath and penalty of law) and try to persuade a prosecutor, somewhere, to assemble a grand jury that would look into criminal activity by those who pursued frivolous charges against a clearly innocent, well-meaning patriot. If no one goes after the legal attackers, then they will not hesitate to keep attacking. I am a STRONG believer in fighting back to prevent future groundless attacks.

Also, based on my observations of Richard Gilbert, maybe he can help in some way?

I say these things as an outsider - for discussion - but I hope that Brent has some local pro's helping him to look into many of these things.

Gene Louis
http://www.survivaloftheslickest.com/
Supporting a Needed Tool for Government Feedback:
A Citizen-Operated Legal System.

Now its time to take every one of those responsible to a

Civil court, sue the pants off of the individuals who hired the security, the security, the ones who requested that security take this action against him, the local police force, and the city. Give them all a wake up call.

sovereign

the judge should order a Rule 11 sanction

against the prosecution for filing a frivelous claim. The defense should countersue for incitement, fraud inducement, breach of contract, negligence, negligence enstrustment, vicarious liability, agency liability(cops). There's gotta be a libertarian lawyer who will do this pro-bono to make sure the RNC is properly deterred.

A true flower can not blossom without sunlight and a true man can not live without love.

THere is no Rule 11 sanctions

THere is no Rule 11 sanctions in criminal cases. Neither is there countersuits.

Explain what you base your charges on for: "incitement, fraud inducement, breach of contract, negligence, negligence enstrustment, vicarious liability, agency liability(cops)"

If you disagree with me on anything you are not a real libertarian...

file a complaint in civil court then.. maybe no rule 11

But a count of agency liability for the behavior of cops ordered by the RNC and directed in the ordinary course of business of the RNC for violating brents 4th and 1st and negligence in that the +NC had a duty to their invitees for which they breached when they violated their rules. Causation is clear from the RNC actions. And damages are for unjust enrichment on behalf of the RNC amd restitution for brent. The judge can add punative damages to counts of fraud where witness proves the audience as being coerced into not following their rules.

A true flower can not blossom without sunlight and a true man can not live without love.

What is your cause of action

What is your cause of action agains the cops? Fraud? You have to explain yourself, rather than you providing these wishful conclusions.

I could make up a story and have you arrested in a second, but that doesn't mean you can sue the cops.

If you disagree with me on anything you are not a real libertarian...

stop making fun of me atleast I am interested in recourse

you havent put anything on the table worth a damn.

the cop wasn't taking orders from the public, they were taking orders from a private RNC. Agency liability henges on a principle (RNC) directing agents (COPS) in whatever PRIVATE CAPACITY as made by contract. If it is not a public forum then the RNC is negligent for using cops as private agents against their own rules.

any more hum-dingers negative Nancy?

A true flower can not blossom without sunlight and a true man can not live without love.

Huh? Fun of you? Asking

Huh? Fun of you? Asking you to back up what you say isn't making fun of you.

"the cop wasn't taking orders from the public, they were taking orders from a private RNC."

What does that mean? And can you PLEASE tell me where you are getting your information from.

"If it is not a public forum then the RNC is negligent for using cops as private agents against their own rules." Huh? What? ARe you suggesting that if I have a "private" party at my house and I call the cops on someone, the cops are now working for me as private agents?

Any more voodoo legal mumbo jumbo Steve-o?

If you disagree with me on anything you are not a real libertarian...

im a law student so I get it from studying

agency liability can apply to agent cops in a private contract with the RNC. that is contract law, and the RNC(principle) is not immune to lawsuit for breach of contract with the Paul Delegates.

The Cops were hired as private security on private land correct?

A true flower can not blossom without sunlight and a true man can not live without love.

What? The cops were hired on

What? The cops were hired on private land? I don't know what that means.

From what I know the cops were CALLED because they expected an unruly crowd. I think you've heard a few things here and a few thing there and then trying to make sense of it, but your application of the law and the facts are not right.

This is the main problem with a lot of "patriot legal scholars" who pick and chose what part of the law they want to apply and then make up the rest to fit their own agenda.

If you disagree with me on anything you are not a real libertarian...

and you're not making fun?

yeah, the property that the event is held on matters, the owner of the property held a private event and from what I heard yes they hired cops as security for the day. Apparently I was wrong, but agency liability can occur with cops and I do not see Brian Middleton putting anything on the table to usher in just recourse for the RNC's actions?

agenda?

let's see...

my agenda is to start food forests and permaculture systems to sustain my own economy and to do that competition between currencies will make access to capital easier so supporting the ousting of establishment hacks to over come the succession of Neo-cons by the liberty movement is my agenda...

and when I give my legal discourse to build cohesion against the RNC I dont need little Brian Middleton running around acting like he is the alimighty interpreter of all ideas jackin off on my dreams kid... if you waller in s*it you smell like it

A true flower can not blossom without sunlight and a true man can not live without love.