Appendix M
Appellants Brief from our Records

IN THE COURT OF APPEALS FOR THE STATE OF OREGON

APPELLAN'l`S’ BRIEF

Appeal from the Order of the Circuit Court, judge Jamese Rhoades, presiding

Wilbur Russell Gaston, sui juris
PO Box 132
Mt. Angel, Oregon 97362

Michael Reynolds - Solicitor General
Justice Bldg.
Salem, Oregon 97310

Hardy Myers - Attorney General
Justice Bldg.
Salem, Oregon 97310

TABLE OF CONTENTS

 
STATEMENT OF JURISDICTION

This appeal is from an order dated March 3l, 1999 by judge Jamese Rhoades in Marion County Circuit Court. The appeal is timely and properly before the Court of Appeals. 

The Appellant is before the court sui juris, and expects his Constitutional Rights to be upheld and that his rights are not deprived nor due process of Law violated.
The Appeal SHALL not be dismissed for lack of form or failure of process.

"And be it further enacted. That no summons, writ, declaration, return, process, judgment, or other proceedings in civil cases in any of the courts or the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects or want of forn in such writ, declaration, or other pleading, returns process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any, time, permit either of the parties to amend any defect in the process of pleadings upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe (a)" Judiciary Act of September 24, l789, Section 342, FIRST CONGRESS, Sess. l, ch. 20, 1789

Due Process provides that the “rights of sui juris litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unlamiliarity with pleading requirements” (Spencer v Doe, l998; Green. v Branson 1997; Boag V McDougall, 19982; Haines V Kerner, 1972

“Right to proceed pro se (sui juris) is fundamental statutory right that is afforded highest
degree of protection" (DEVINE V INDIAN RIVER COUNTY SCHOOL BD., 11TH CIR. 1997

The Gastons are before the court sui juris, and the briefs and motions are written in a manner that "any reasonable person could understand? 'The Gastons are not attornies and do not attempt to bring in caselaw and"conli1sion of legal theories" and expect the court to know the Law and uphold the Law.

ASSIGNMENTS OF ERROR

1. Judge Jamese Rhoades violated Wilbur Gaston’s Constitutional rights and liberties by ordering a compelled contract after a jury has denied the STATE the authority to request a mental exam, by jury verdict. According to the Bill of Rights, Article VII, "no fact tried before a jury shall be other wise re-examined in any Court of the United States, than according to the rules of the Common Law" . A jury in April, 1998, in Judge Duane Ertsgaard’s court, tried Wilbur and Pamela Gaston for refusing mental health compelled contracts, and the jury found that the judges orders were "fraudulently derived” and the Gastons were found not guilty for refusing the orders. All petitions were to be vacated at that time, and the STATE OF OREGON has no Lawfull jurisdiction to "re-examine" any fact that has already been tried and decided by the jury.

2 Judge Jamese Rhoades has attempted to force a compelled contract on Wilbur Gaston with the STATE OF OREGON and it’s employee paid psychiatrist. This contract has been ordered in violation of Wilbur Gastons constitutional rights and liberties to be free from unlawfull state intervention, as the court has no jurisdiction, never having charged Wilbur Gaston with a crime or convicting Wilbur Gaston of any crime.

3. A second judge upheld this order, judge Pred Avera. Avera perjured himself on the record, first telling Wilbur Gaston that he could get his own doctor to give his compelled mental exam, then two minutes later, when forced to make his ruling more clear, snarled "I order you to take a mental health exam by the SOSCF with their doctor and at their appointment". Avera and Rhoades are compromised judges, violating the public trust as tryants and without lawfull jurisdiction are participating and enacting fraud and conspiring against the Gaston family. 

4. This compelled contract is stated to be for the espress reason to facilitate adoption of Melissa Gaston, Wilbur Gastons daughter, which in fact is also beyond the jurisdiction of any judge to be holding her captive, using the foster home as incarceration, again, never having charged Wilbur Gaston of any crime or convicting him of any crime. 

5. A jury decision in April, l998, established that there is ongoing conspiracy of judges, attorneys, caseworkers, sheriffs, police, district attorneys, foster parents, to conceal evidence of Melissa Gaston being severely abused and destroyed in more than 18 foster homes, and this mental health order is yet another furtherance of this conspiracy, and in fact judge Rhoades is now complicit in these heinous crimes of state employees, officials and fellow judiciary, and protecting them.

6. The jury in 1998 found Wilbur and Pamela Gaston not guilty of refusing to submit to an illegally compelled contract, just like this, and affirmed by verdict that these are fraudulent attempts to manufacture reports to prevail in court and to put Wilbur Gaston in jail or mental hospital for refusal to comply, which Wilbur and Pamela Gaston absolutely do refuse under all circumstances; the jury saw and agreed how dangerous it would be to compromise with the STATE OF OREGON who has declared a war against this family, bringing twelve cases against them to overwhelm and destroy and render vulnerable over the last three years, and to abscond permanently with Melissa Gaston, to prevent her from being able to talk openly of her sexual, mental, emotional and physical abuse and rape that has been committed against her in foster homes.

7. This attempt to force a compelled contract is FRAUD, and judge Rhoades is using rules that are not Law to violate Wilbur Gaston and his family’s civil rights and liberties under the Constitution. Judges take an oath and are "deemed to know the Law" and are out of any Lawfull jurisdiction not having informed Wilbur Gaston that he was not going to be allowed Due Processof Law in their commerce/admiralty/martial law courts. Judge Rhoades recused herself the day after signing the order, then later said she had not recused herself, yet had turned the case over to judge Fred Avera, who also upheld this fraud, perjured himself on the record, and with complete indifference to the Law, Due Process or the rights of Wilbur Gaston. with malicious intent and prejudicial bias in STATE interests only. This same order will now also be appealed from Averas contempt for citizens rights.

8. There was no hearing on this, even though the Constitution guarantees that "no court shall be in secret" and no oportunity to make a record about this FRAUD, which was requested by Daina Vitolins from Hardy Myers office, to judge Rhoades and Avera. Wilbur Gaston. in previous years dealing with the SOSCF, has submitted to two mental exams, both with state doctors, and both which recommended to return his daughter to him, To attempt to force more of these is not only HARASSMENT, but blatant violations of Gastons due process. and and the mythical STATE OF OREGON has no CLAIM to intervene in this family, Wilbur Gaston being the actual parent of Melissa Gaston, biological offspring. The use of fraudulent mental exam reports by compromised counsellors for the State is now being addressedin Federal court in a class action lawsuit, this case included.

STATEMENT OF FACTS

l. This order by Jamese Rhoades was created in conspiracy with Assistant Attorney General Dina Vitolins and others in a furtherance of ongoing retaliation against the Gaston family to silence them from exposing criminal acts of themselves and other public employees and authorities and to facilitate the termination of parental rights of Wilbur Gaston and completely and permanently sever Melissa Gaston from her family.

2. This order is a further attempt to destroy the Gastons and prevent them from prevailing in court to return his daughter Lawfully to him. There has already been a jury verdict, STATE OF OREGON V GASTON, MEZIERE, 1998, that establishes conspiracy and FRAUD by many judges, high state officials, state employees and child services workers in the SOSCF. ln this verdict, judge Duane Ertsgaard instructed the jury that “only if AJUDGES are comitting FRAUD - only if the JUDGES are CONSPIRING KNOWINGLY along with police, caseworkers, attomies and district attomies, et al, could the jury find the Gastons not guilty; One of the charges against both Gaston and Meziere (now Pamela Gaston) was contempt for refusing to be forced into an illegally compelled contract to take a mental health exam, exactly as is being repeated now by judge Rhoades. The jury watched and listened for five days and saw the evidence laid out how the state illegally removed Melissa Gaston fiom her father in March l996, and when the lies came out that the whole case was unfounded in 1996 , the state concealled evidence of horrific abuse of the child at the hands of the state. The state workers who are assigned to protect her instead allowed and participated in sexually abusing her in at least three of seventeen foster homes she has been in; she was burned and pornography made of her in a foster home, all admitted under oath by the caseworkers, as well as them admitting that they never had evidence to have removed her or kept her incarcerated in foster homes. The jury heard Hazel Specs, foster mother, confess under oath, how she encouraged child sexual abuse having this child strip, dance naked and masturbate on video, as she was told to do by Larry Lawson, caseworker. The jury saw many fraudulent judges orders and that judges in Marion County blatantly write outright lies on orders having absolutely no jurisdiction or authority acting in their own authority with no effective overseer, and most of the methods of destruction that are being used are insidious, as in this mental health order, not obvoius to the average person as criminal abuse, and under the guise of “protection”. The jury saw and agreed that it would be dangerous for the Gastons to walk into any form of exam or assessment by the state in any form, and the jury saw the blatant efforts for two years now of the courts and defendant state employees and authorities making repeated attempts to incarcerate the Gastons however possible, without authority or probable case and absolutely no due process in the courts The jury returned a unanimous "not guilty" six times, including the two contempt charges for refusing the "get a mental health exam" and the
Gastons WILL NOT participate in ANY of the rendering that these individuals are illegally attempting to compel.

3. According to the Bill of Rights, Article VII, "no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law". This whole mental exam compelled contract has been tried- literally . before, and it is a violation of Wilbur Gastons Constitutional Rights of due process to attempt to try it again. To attempt, for the fourth time, to compell Wilbur Gaston to take a mental exam, is harassment and now, since the jury has tried these facts, they cannot be re-examined in any court. 

4. This fraudulent order has been upheld now by another judge, Fred Avera, and this appeal needs to reverse his order as well, which will be appealed when signed. For all the same reasons already named, but moreso, Mr.Avera perjured himself on the record, first stating that "of course Mr. Gaston you can get a doctor of your choice to do the exam" and then two minutes later, when pressed about what he was actually saying, Avera snarled "I order you to take a mental exam on the orders of SOSCF with their doctor and at their appointment." In front of this same judge Avera, the State trial attorney and five other attomey’s could not dispute one fact of three years testimony, as well as every fact stated herein this appeal. The judge routinely lie and write lies on orders in the Gaston cases: this is commonplace with compromised judges, as Rhoades and Avera are, along with many other defendants who the jury said are indeed guilty of racketeering and conspiracy. Judge Lewis said facts are not an issue, and Judge Avera said he completely agreed with Lewis. The racketeering verdict was over a year ago, and yet the retaliation is still ongoing, and this fraudulent order is nothing more than evidence of yet another attempt to destroy the Gaston family.

5. The "get a mental health exam" is half of the "get an attorney" scam that corrupted judiciary are using in a scheme called "fitness to proceed” that is used against sui juris litigants who demand their constitutional rights in a court of Law in their own person before the court. 

6. The other half of this scam, the "get an attorney” order has also been signed by Jamese Rhoads, and also has been filed for appeal. Rhoades sent the case to attorney Dora Lutz, who refused to participate in this sham. One reason, as stated in the motions of the Attorney General, the state is so desperate for an attorney is to "facilitate the adoption of Melissa Gaston”. The Gastons WILL NOT allow ANY COURT to strip them of their sovereign rights and Constitutional BIRTHRIGHT nor to KIDNAP THEIR OFF SPRING and get away with it, as the state and Judges Rhoades and Avera , with these orders, are trying to accomplish. The public eye is opened on this case, and on these methods and operations. Does the Appeals Court intend to uphold such blatant abuse of the citizenry and extreme deprivation of civil rights? The Appeals Court has already dismissed without hearing many parts of the Gastons cases, usually on process, obstructing justice by refusing to allow hearing on emergency petitions and appeals with complete indifference to the ongoing criminal abuse being enacted right in front of the higher courts and the world, with absolutely no protection, actively refusing to protect as the Court has taken an oath to uphold. The state of the manipulation and exploitation by corrupted judges is an abomination of justice, and this particular scheme of the mental health exam/attorney/ fitness to proceed is particularly disgusting, as it is exploiting rules that were intended to apply to truly mentally impaired individuals. These serious violations of citizens rights is being addressed in Federal Court now in a class action lawsuit to end the corrupt policies of the courts that are exploiting and destroying innocent people who stand up for their rights against corrupted prostitutes to the STATE OF OREGON, for profit, acting as judges and state officials.

7. The courts are exploiting rules that are not LAW and have never been made LAW and they are breaking the LAW by enforcing these self made rules AS THOUGH THEY WERE LAW. They have made rules that are being implemented as Law that give the EFFECT of laws - with these rules they are allowing themselves to violate their oaths to protect due process - to override the Constitution - suspending operation of Laws without the legislative assembly and making law from the bench with complete inaccountability and no effective overseer. 

8. Judge Rhoades has absolutely no jurisdiction to request anything of Mr. Gaston, in fact, having never charged Mr.Gaston with a crime and never convicting Mr. Gaston of any crime, Rhoads is aiding and abetting heinous crimes by state authorities. Her failure to release Melissa Gaston, who is being incarcerated in foster homes and has been severely abused by the state, makes Rhoades criminally responsible for not prosecuting criminals and for not protecting innocent citizens, with malicious intent to conceal evidence and with complete indifference to protecting the Constitutional rights of this family.

9. This "fitness to proceed" game is being unlawfully enacted against many people - right now there are at least 50 people, according to a recent article in the Statesman Joumal, in the jail and in the mental hospital labelled “untit to proceed” because they are demanding a trial by jury rather than a biased judge and sham proceedings. The Gastons have for three years been forced into repeated sham proceedings that are an abomination of what the courts are supposed to be - in fact, the courts act in an adversary manner to the innocent people trying to defend themselves when the attomies and judges play a very expensive game with the courts stacked completely in the favor of the state. Not only are there many innocent people in the mental hospital, many of them are put in jail - incarcerated, even though they have been ordered to the hospital, they are taken to jail and held there indefnitely. Judge West recently enacted an "unfit to proceed" on a man, William Mayhar, ordered him to take a mental evaluation. When Mr Mayhar arrived for the exam, he was arrested, the judge ordered him to the mental hospital without any probable cause, and took him to jail, where he was illegally incarcerated for 3 months. Another man, Gaynor Johnson, went through the same scam with Judge West, and spent time in the jail and months in the mental hospital before forcing his release with legal procedures in the federal court. In the report Dr. Sukow wrote on William Mayhar, he wrote he was committing him for life to the mental hospital — no trial, no crime. no probable cause - COMPLETE FRAUD.

l0. One of the favorite tactics in this scam is that the judge in court questions your ability to proceed without an attorney. You say, thank you very much, but I will retain my sovereign rights under the Constitution and not play the quasi court justice game that is being played out routinely in courts in Oregon in 1999. Then you ask if you are in a Constitutional court. Judge Anglemeier, in another hearing, said these things exactly on the record, then told Mr. Gaston that she "questioned his mental capacity" that he "did not know" if he was in a Constitutional court and was choosing to appear sui juris. This is how it begins .... then the judge writes "get a mental health exam" on an order. Now, as an imiocent person demanding their rights, if you cooperate with this you are forced to see THEIR psychiatrist at THEIR expense. of course. It is a foregone conclusion that these psychologists that are subcontracted with the state are the same as the attomies who are subcontracted to the state - they are nothing more than prostitutes without integrity who will do whatever is asked of them to build the case against someone. The Gastons have seen repeatedly, along with other court watchers, how these "methods and operations" are being exploited and abused by corrupted courts - unbelievably so, to any person of reasonable intelligence.

11. One of the favorite diagnoses of these compromised psychiatrists is to say a person has "prosecutorial delusions that the judge is corrupt" ! How much more blatant could it be! Arrogantly, with complete indifference and malicious intent, judges, district attornies, attomies and counsellors, and with complete disregard as to whether they have any Lawfull authority or jurisdiction, write order such as this one. Courtwatchers also routinely see attornies fail to defend their clients, and often fail to tile appeals in their behalf, or in a timely manner. These scams are being enacted with no scrutiny of the judicial or professional conduct by higher courts.. This scheme is one of many being used by the courts to prevail against those who would speak out about abuse by state employees or judiciary.

12. The whole fitness to proceed game is not only unlawfull but blatant deprivation of the rights of citizens going on unabated, and as with the other methods of destruction, the guise of "mental health needs" is fabricated to appear as a valid order when it is completely biased and prejudiced FRAUD. Again, the Gastons have the jury verdict on this already, so to further attempt to pull these things is double, triple jeopardy! The "mental health exam" is nothing more than HARASSMENT and CRIMINAL ABUSE. Does the appeals court intend to uphold this'? To continue to allow innocent people to be rendered and destroyed by these practices? 13. Judge Rhoades, on the record, turned the case over to judge Avera the day after signing this mental health exam order. Even having done this, she went ahead and signed the "order forcing an attorney" on April 29., Judge Rhoades has no business signing anything, and when she signed the mental health order, it was with the knowledge that she removed herself from the case on the record the next day. Judge Rhoades thinks she can do these unlawfull things and
then just get out, but Judge Rhoades has already joined the others in the Federal Deprivation of Rights , CV-99-23-HA, for her knowingly criminal acts, and in her individual capacity, as all of the others.

14. This is FRAUD from the inception, and all stemming from it, and all judges and state authorities participating in this are out of their jurisdiction having committed criminal acts with malicious intent, and are stripped completely of any imagined immunity. ALL WILL BE ACCOUNTABLE WHO ARE PERPETUATING THIS LIE AND FRAUD ! This is all a matter of public record, now established for two years, and to fail to acknowledge any of the stated facts is to join the others in knowingly participating in the most heinous crimes imaginable, aligned with black market baby sellers and purveyors of child flesh. The Appellants expect the Appeals Court to reverse or dismiss this order and not to uphold this constructive FRAUD.

ABSTRACTS OF RECORD

There is no record of the signing of the order, outside of the order itseli attached.

AFFIDAVIT IN SUPPORT OF FACTS
(Attached)

DATED THIS 28th Day of May, 1999
Amended July l, 1999
Wilbur Russell Gaston, sui juris
Pamela K Gaston, sui juris