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Kenny's trial was originally scheduled August 11, 2014. Then the prosecutor made up some excuse and delayed it until October 10. When October came around, the prosecutor delayed it again until December 8. Then the prosecutor delayed it yet again. This psychotic criminal posing as a prosecutor obviously has real problems. For some reason, the so-called prosecutor did not seem to want this case to go to court. Kenny had also sent a Freedom Of Information Act Request to the Georgia Dept. of Public Safety on 4/24/14 demanding any and all audio/video of his arrest, which occurred on 4/15/14. The GA DPS replied back and claimed that no video existed. However, Kenny had also filed a police misconduct complaint and the internal affairs investigator had acknowledged that there is indeed a video of his arrest and the investigator had seen it. Since it is not a crime to refuse a warrantless demand for ID, that is probably why this criminal prosecutor was so afraid to take this case to court. Kenny notified me yesterday that the GA prosecutor has dismissed his case instead of going to trial.
Here is Martin Hill's official statement on the matter of Kenny Capell's case from DontWakeMeUp.org.:
"The Georgia prosecutor didn't go through with Kenny Capell's criminal prosecution because they knew they didn't have a leg to stand on and they were going to lose. Ideally, officer Leigh A. Parsons of GA would be personally liable for the civil damages to Kenny. This would make officers in general think twice about doing such things if they were held personally liable instead of the taxpayers footing the bill.
It is not insignificant that the GA DPS lied and claimed that no video of Kenny's arrest existed, when in reality the internal affairs investigator admitted to Kenny that not only does the video exist, but he has viewed it. This is the sort of evil corruption that plagues society today. "Thou shalt not bear false witness" is one of God's Sacred Commandments and I do not take violating this, under the guise of a badge or the state, lightly. This is and always has been a moral issue. I am glad that state and federal government agencies visit my site regularly. These rogue agencies need to be admonished, to "Admonish the sinner," which is one of the Spiritual Works of Mercy.
Yes I have a lot of anger over this type of injustice but its a righteous anger. I am not "detached" from these issues because I understand all the hardships, financial loss, stress and burden which they placed on Kenny and his entire family, burdening them still for a year and now however long it takes for him to find recourse.
It is so evil on so many levels it makes me sick. This is not trivial. All for a very kind family who simply wanted to work hard and earn a living in America, the supposed land of the free. We prayed yesterday morning thanking GOD in Jesus name that this threat of jail and fines has been lifted from the Capell family. Thank you very much for your support of Kenny and myself in this matter."
CONGRATULATIONS Kenny, it took some guts to do this realizing that you would face arrest and all the inconveniences that accompanied that. But some things are worth fighting for and resisting the police state and compulsory, blatantly illegal ID checks is one of them.
We will keep you posted on this story. I hope Kenny sues the pants off these rotten filthy immoral pigs for his illegal arrest.
By the way- a represenative from OOIDA, 'Owner Operator Independent Drivers Association,' which portrays itself as a group defending truckers rights, actually folded like a wet suit and told Kenny to plead guilty last year even though he had committed no crime. Kenny had contacted them for help. He does not think too highly of them and neither do I. This same person from OOIDA told me on the phone last year that he wanted nothing to do with me or my website dontwakemeup.org. Apparently we were too 'radical' for the prissy group, and they didn't like the original story I did on this matter in which I wrote that the Georgia police officer who arrested Kenny, Leigh A. Parsons, Badge # 7554, knew exactly who Kenny and his wife were "and simply insisted on her sadistic enjoyment of what she views as her 'power.' She is a disgusting disgrace and should be fired, arrested, and sued."
James P. Lamb, on the other hand, who is Chairman of the Small Business in Transportation Coalition (SBTC) [smalltransportation.org] has stood by Kenny from the start and even volunteered to travel from Florida to GA to testify for Capell as an expert witness in the trial. As we reported last September, Mr. Lamb is a former New York Department of Transportation (DOT) Motor Carrier Investigator and Federal Level Three Commercial Truck Inspector, who was "astonished to hear stories of how local law enforcement officers routinely wake up interstate drivers who are engaged in Federally-mandated rest under the Hours of Service (HOS) section."
Lamb called on law enforcement agencies to practice community oriented policing, and calling for "rogue law enforcement officers" who willingly violate people's rights to be "held accountable for such violations as matters of law and justice." Lamb and his SBTC organization held a meeting with the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation Federal Highway Administration (FHWA) in Washington, D.C. last August. [See Former DOT Motor Carrier Investigator/Federal Inspector Decries "Rouge Officers" Engaged In "Abuse of Power" 9/2/14.] Mr. Lamb is a rare man of integrity who is willing to stand up for what's right; and we salute him.
James Lamb even filed an SBTC open letter of complaint in the Capell matter to the U.S. Dept of Justice for review by the DOT officials. It is published publicly at: stopwakingtruckers.org. In the complaint, Lamb also wrote
"We note a similar incident highlighted on the website www.dontwakemeup.org involving trucker Martin Hill resulted in a Federal Civil Rights Lawsuit, a complaint to your Department, and an admission of impropriety from the Texas law enforcement agency involved. Perhaps an internal affairs investigation is also warranted in this instance."
Mr. Lamb joined Kenny Capell and Martin Hill of DontWakeMeUp.org for a radio interview last August on the truth about trucking radio show to discuss these issues. The episode can be heard here.
Below is the original story we did on this matter and a video interview I conducted with Kenny (along with his dog Lady) at his home in the hills of Tennessee last summer.
Man Who Refused Warrantless ID Check Arrested, Charged With 'Obstruction of Justice' in Georgia |
May 25, 2014
In yet another example of insane cops who flagrantly break the law and do whatever they want, a man who refused a warrantless demand for ID has been arrested, jailed, and charged with 'Obstruction of Justice' in Georgia.
The issue of warrantless compulsory ID checks has been ruled on countless times in the U.S. Supreme Court. Despite this, cops keep demanding ID from people without cause.
The Georgia police officer, Officer Leigh A. Parsons, Badge # 7554, then arrested Kenny, handcuffed him, took him to jail, and charged him with a misdeameanor criminal offense, 'OBSTRUCTION OF JUSTICE.' It should be noted that Capell keeps a copy of his driver license, medical card, and even his medical examination in the truck permit book. None of these things are required by law, but Capell tried to accommodate the officer in case the truck had an inspection. Officer Parsons knew exactly who they were and simply insisted on her sadistic enjoyment of what she views as her 'power.' She is a disgusting disgrace and should be fired, arrested, and sued. Incidentally, the officer was also so incompetent that she put a court date of July 18, 2013 on the ticket.
Update 12/8/14: Kenny's trial was originally scheduled for August 11, 2014. Then the prosecutor made up some excuse and delayed it until October. When October came around, the prosecutor delayed it again until December 8. Now the prosecutor has delayed it yet again. This psychotic criminal posing as a prosecutor obviously has real problems. For some reason, the so-called prosecutor does not seem to want this case to go to court. Kenny also sent a Freedom Of Information Act Request to the Georgia Dept. of Public Safety on 4/24/14 demanding any and all audio/video of his arrest, to use in his defense at trial. The GA DPS replied back and claimed that no video existed. However, Kenny had also filed a police misconduct complaint, and the internal affairs investigator has since acknowledged that there is indeed a video of his arrest and the investigator has seen it.
We will keep you updated on this case. To join the e-mail list for updates, send an e-mail request here.
There are many laws laws which truckers must follow regarding their required sleep in the sleeper berth. It should also be pointed out that whenever a driver is sleeping and is disturbed, woken up or ID'd, he must log the interruption as per federal law, and re-start his 10 hours in the sleeper berth all over again! So for example if he had been sleeping for 7 hours and about to begin his shift in 3 more hours, he now must RE-START the 10 hour, making the load LATE.
The issue of compulsory ID has been to the U.S. Supreme Court countless times and it is very clear that police have no authority to demand ID from people without cause. In
Brown v. Texas, 443 U.S. 47 (1979), for example, the court ruled "to detain appellant and require him to identify himself violated the Fourth Amendment because the officers lacked any reasonable suspicion to believe appellant was engaged or had engaged in criminal conduct. Accordingly, appellant may not be punished for refusing to identify himself..." In Kolender v. Lawson, Edward C. Lawson, a black man from San Diego, CA, represented himself in the U.S. Supreme Court and challenged California Penal Code Section 647(e), which "required persons who loiter or wander on the streets to identify themselves and account for their presence when requested by a peace officer to do so." Lawson [edwardlawson.com] won and the CA legislature revoked the unconstitutional statute. Lawson reportedly died in 2011 but he made several interesting youtube videos explaining his case, which are embedded below. [Read about many more such cases at PROTECTIONS FROM WARRANTLESS SEARCHES AND COMPULSORY ID.]
This latest case of police arresting Kenny Capell is nothing more than a case of power-starved cops gone mad. They want to exert their power and wake up hard-working truckers unnecessarily, just 'because they can.'
Capell has demanded a jury trial. A 'Sergeant King' told Capell in a phone conversation that "We can ID whoever we want" and abruptly hung up on him.
There are thousands of federal rules which truckers must follow- first and foremost getting their federally mandated ten hours rest between their shifts. Failure to comply with these sleep rules is actually considered by the FMCSA to be a more serious offense than having alcohol in the truck. There is absolutely no reason why police should continue this unnecessary and illegal practice of waking up sleeping truck drivers who are getting their much needed rest!
In my case, two rogue cops woke me up illegally in Texas in 2010 after my partner pulled into a weigh station, while I was sleeping in the sleeper berth. They demanded my ID under threat of arrest. Both officers were recorded and the Texas Department of Public Safety admitted wrongdoing in writing on behalf of the two officers only one month after an internal affairs complaint was filed against the officers in November 2010. The admission letter, dated December 20, 2010 and signed by Captain Kenneth Plunk of the Waco Commercial Vehicle Enforcement Division, stated that "corrective action was needed" against both officers and that "additional training has been taken." I then filed a 42 U.S.C. Section 1983 Federal Civil Rights Lawsuit against the troopers for damages, permanent injunction, and to dissuade them from continuing this blatantly illegal practice. One of the internal police department documents which they were forced to release as a result of my lawsuit in initial disclosures revealed that the Texas Troopers officially admitted that "The passenger is under no obligation to comply with request" for ID. It simply doesn't get any clearer or simpler than that.
Here is an interview I conducted with Kenny in the hills of TN last week. The volume is a bit low, so to Increase volume substancially, click your volume mixer/device/speakers/enhancements/Loudness Equalization. Clicking 'Loudness Equalization' will make this video a lot louder and easy to hear. (How to Boost YouTube Volume)
Calls about this case can be made to the Georgia Department of Public Safety Motor Carrier Compliance Division. They can be reached at (404) 624-7212.
On a final note, There are countless safety studies outlining the importance of commercial driver sleep. The feds spend millions of dollars on this issue. Following are only a few samples.
The Federal Motor Carrier Safety Administration states: "Driver fatigue is recognized as a major factor in accidents involving long-haul truck drivers. One way in which long-haul truck drivers decrease their fatigue level is through the use of tractors equipped with sleeper berth units. However even with these units, the quality and quantity of sleep that a driver obtains may not equal what they would receive if they were sleeping at home."
The National Transportation Safety Board (NTSB) states that "driver fatigue is a factor in 31% of all fatal-to-driver heavy truck crashes, and found fatigue to be a factor in even a higher percentage of all truck crashes investigated by NTSB."
FMCSA notes the INSURANCE INSTITUTE FOR HIGHWAY SAFETY report that "increased risk of fatality is associated with nonconsecutive sleep rather than disturbance from the motion of the truck while sleeping''
As the U.S. Department of Transportation Federal Highway Administration has documented in their meticulous report Fighting Fatigue, "One person's lack of sleep can contribute to another's lack of safety on the Nation's roads. According to the National Highway Traffic Safety Administration's (NHTSA) Senior Research Psychologist Jesse Blatt, fatigue and sleep deprivation contribute to about 100,000 police-reported highway crashes, causing more than 1,500 deaths annually in the United States. And the National Transportation Safety Board also has linked operator fatigue with a number of costly public incidents, including the Exxon Valdez grounding and the collision of subway trains on the Williamsburg Bridge in New York City."
"The right of privacy may not be intruded upon by the government absent probable cause, see Dunnaway v. New York, 442 U.S. 200, 208 (1979); indeed, it is the probable cause requirement that "safeguard[s] citizens from rash and unreasonable interferences with [their] privacy." Brinegar v. United States, 338 U.S. 160, 176 (1949).
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Martin Hill is a Catholic paleoconservative and civil rights advocate. His work has been featured in the Los Angeles Daily News, San Gabriel Valley Tribune, The Orange County Register, KNBC4 TV Los Angeles, The Press Enterprise, LewRockwell.com, WhatReallyHappened.com, Infowars.com, PrisonPlanet.com, Economic Policy Journal, TargetLiberty.com, FreedomsPhoenix, Haaretz, TMZ, Veterans Today, Jonathan Turley blog, The Dr. Katherine Albrecht Show, National Motorists Association, AmericanFreePress.net, RomanCatholicReport.com, WorldNetDaily, HenryMakow.com, OverdriveOnline.com, Educate-Yourself.org, TexeMarrs.com, Dr. Kevin Barrett's Truth Jihad radio show, Strike-The-Root.com, Pasadena Weekly, ActivistPost.com, Los Angeles Catholic Lay Mission Newspaper, KFI AM 640, IamtheWitness.com, Redlands Daily Facts, SaveTheMales.ca, BlackBoxVoting, The Michael Badnarik Show, The Wayne Madsen Report, Devvy.com, Rense.com, FromTheTrenchesWorldReport.com, BeforeItsNews.com, The Contra Costa Times, Pasadena Star News, Silicon Valley Mercury News, Long Beach Press Telegram, Inland Valley Daily Bulletin, L.A. Harbor Daily Breeze, CopBlock.org, DavidIcke.com, Whittier Daily News, KCLA FM Hollywood, The Fullerton Observer, Antiwar.com, From The Trenches World Report, and many others. Archives can be found at LibertyFight.com and DontWakeMeUp.Org.