1. My Introduction (aka: The Whole Sordid Story): On the morning of May 24, 1996, at sometime between approximately 0830 hrs. and 0900 hrs., I was exiting one of my front doors of my home to place some items in my driveway in preparation for a "yard sale" that I had advertised in the Dandy Dime classified ad paper.
As I exited the door, stepping into my driveway (with the door behind me wide-open) I was suddenly confronted by approximately a dozen agents wearing law enforcement attire from at least two different organizations (Pima County Sheriff's Office and Arizona DPS). At least a half dozen or more agents were wearing ski-masks, Kevlar helmets, body-armor and carrying weapons; including H&K MP-5 9mm. submachineguns. As I looked up and saw this bizarre sight a lot of things rapidly went through my mind; ie: Am I crazy or are they?. I thought to myself that they can't be this stupid-- I stand corrected. The agents ordered me to get on my knees. I complied. I was handcuffed behind my back, face-down in the middle of my driveway (actually, they were the plastic straps, as opposed to metal handcuffs). Even after I was handcuffed and face down on my driveway with neighbors coming out in horror to watch, they continued to hold the MP-5 submachineguns pointed at me for a bit longer. The agents were video taping me as I lay there. Agents (not sure if they were a separate entry team or just part of original entry team under the circumstances) then rushed past the wide-open door (to do what is known as a "pinch-up" in S.W.A.T. team parlance) and proceeded to break down my front door with a ram.
It would seem to me that walking past an open door for the sake of battering down another door rather "unreasonable" (which is the same thing that the Supreme Court believes in their rulings). As I lay there in the driveway, amazed at what had just taken place, for lack of anything better to say, I asked if they were there for the yard sale. Realizing that apparently they were void of a sense of humor, I asked what this whole thing was about. One officer told me that I would be told "when the time comes". In all fairness to the officers, they were as polite and courteous as one can be when they're doing a so-called "dynamic entry". They agreed to loosen the cuffs (the circulation had gone completely out of my hands) and replaced the original hand restraints with the metal-type in front of me. Two or more of the agents helped me to my feet and escorted me through my, now broken, front door and into my living room to set on the couch. They then proceeded to go through my house taking "evidence". I was the only one home, thank God. My wife was at my youngest daughter's house helping them "tube-feed" their new pups. After the S.W.A.T team left to, no doubt unwind, after apprehending a dangerous "felon" that was wearing shorts, a polo shirt and boots, the remaining agents were quite cordial.
If I hadn't been modeling handcuffs and if they hadn't been in uniform; the casual observer would have probably figured it was just some friends having casual conversation. They all had a look on their face that I interpreted as, "Why the heck are we here? This guy doesn't fit the profile". One Sheriff's deputy began asking me if I remembered the time that we were all (including himself) out at the "pit", (a popular wildcat shooting range) shooting at a motorcycle with machine-guns. I told him that I did. Another officer looked at him with a curious look and the Sheriff's deputy said, "What can I say?" and they both laughed. This same officer even apologized to me. He said, "Hey, I'm sorry, man. I'm just here for window dressing". I don't say this to get him in trouble but rather to show that these guys couldn't even figure it out. I think it's safe to assume that they just couldn't make the pieces of the "puzzle" fit. I volunteered the location of various firearms in the home as a gesture of goodwill, for the safety of the officers.
When they got around to showing the warrant for my arrest and reading my Miranda Rights I was amazed to read the warrant. I had been charged with: Count One; Criminal Damage for filing a commercial lien against a Pima County Justice of the Peace, Luis Castillo. Count Two; Forgery. Forgery? They had to really dig deep for this one. It seems, after researching the A.R.S., that the filing of a false instrument (in this case the so-called "false instrument" was the commercial lien that I had filed against Judge Castillo) and Count Three; False instrument (we're adding redundant to the s t r e t c h). In addition; the class 4's, for example, require proof of fraudulent intent. I had absolutely none, and I can explain in detail why I acted in good faith. (If you mean to "defraud" a person, you don't send a judge copies by certified mail, in advance).
I was taken to the Pima County Jail by a DPS officer (we also had a friendly chat on the way to the jail, like two old friends-- I'm telling you that these guys couldn't even make this one pass the "smell-test". I'm sure that they were all wondering to themselves when the last time was that a dynamic-entry was used to apprehend an alleged forger. NEVER! Our Governor received a 23-count indictment for such things as multiple counts of perjury and even extortion and he didn't receive a S.W.A.T. team or orange jump-suit-- although given my treatment I wouldn't convict him of any of it; based solely on the stories in the news or the reliance of truth from law-enforcement heads. As a matter of fact, Charles Keating didn't get the "dynamic entry" that I did. This was clearly a case of blatant, criminal abuse of power. I had seen the DPS chopper doing surveillance on my house on more than one occasion prior to the arrest (I chalked it up to paranoia and told myself that they couldn't go that far to get at me for lawfully filing a lien against a Justice of the Peace and suing the Pima County Board of Supervisors over an illegally-funded "gun buyback". Again, I stand corrected. It sort of brings home the old cliche that, "If they really ARE after you... It isn't paranoia". I finally got out on bond ($2,240.00) at approximately midnight the night of my arrest. I attended a formal charging on June 04, 1996 at 1300 hrs at 115 N. Church, Courtroom "G".
2. This is how I managed to get at this legal juncture and how I managed to incur the displeasure of some folks that are quite upset with me.
Back in 1991 a man by the name of John Ross asked me to go in business with him to sell urethane roofing products to other roofing companies. Against better judgment, I agreed. Ross then said he wanted me to put new roofs on the warehouse roof located on Dodge Blvd. just North of Fort Lowell Rd. I told Mr. Ross that I could only do residential roofing since I had opted not to get a commercial license (despite the fact that I am the oldest urethane foam roofing company in Pima County and had previously been licensed to do residential, commercial or industrial under the one license-- the State of Arizona decided they could make more revenue if they now required a separate license for residential and commercial). Ross informed me that he was a retired lawyer and that there was no need for any license at all, since these were "our buildings". He is, in fact correct. Now came the trouble. He hired his own people to begin tearing off the existing foam roofs. I spent at least 20 minutes (in front of witnesses) telling him not to tear off the roofs. I explained that we had rain moving in and that you should never tear off more roofing than you can get covered up the same day. It was to no avail-- he decided to go ahead with having his people tear off the roofs, anyway. With only minimal imagination you can guess what happened next-- It poured rain. Ross was perturbed that I didn't offer to pay for the damage. He then filed a complaint with the Arizona Registrar of Contractors.
I was told by Andy Ridgley, an investigator with the Registrar's office that he, Ridgley, couldn't stand to talk to Ross and that he knew Ross was lying, at least to some degree. Ridgley informed me that if I got my Commercial license the matter would be dropped. I began the process of getting my commercial license since I had no intentions of paying Ross anything for his stupidity and also for lying about not knowing I didn't have a commercial license. I kept constant contact with Ridgley and told him I had submitted the paperwork for my commercial license. Ridgley said he couldn't do anything about dropping the charges until I actually had the license in hand. After I finally had the commercial license in hand, Ridgley denied ever saying that the charges would be dropped if I got the commercial license (despite at least 8-10 telephone and personal conversations with him to the contrary).
I was scheduled to appear in court before judge protemp, Sally Sears (God help us). I filed a written request approximately two weeks prior to the hearing for an extension (in order to get one of my key witnesses there-- he was working in Mexico). I was told that I had to file at least 20 days ahead of time. After a lot of hard work I was able to get the witness to the courtroom. When I arrived the prosecution wasn't even there. Judge Sears informed me that the prosecution (Lynette Hanby) wasn't there and would I mind if she put another case ahead of mine. I told her that, actually, I did and that I was at the appointed place at the appointed time and that if the rolls were reversed that I would lose by default. Sears told me that she would note the record but that she was going to do so, anyway. Ms. Hanby finally arrived. She declared to the judge that she hadn't gotten the notices out in time to give Mr. Ross enough time to appear and could she have a continuance. As you may have suspected by now, Judge Sears granted the request, over my objections. I protested that I had requested the same thing two weeks prior and was denied but now the prosecution gets a continuance on the spot. All to no avail. I could not pull off getting my witness down from Mexico the second time. When we came to court, again, Judge Sears asked if we could read the documents to her, that she had forgotten her glasses. If you aren't incredulous by now; you'll never be. I requested an expert witness be brought in to ascertain if I was, in fact, the source of the damage. Mr. Ross protested to the judge and said, "It's probably one of his relatives or friends". I informed the judge and Mr. Ross that it could be the company of their choosing. Mr. Ross said that the firm of Roofing Consultants would be fine. The morning of our next court appearance I received a telephone call from Mr. Rick Hunsaker of Roofing Consultants. He was a bit confused and wondered if I knew why Mr. John Ross had called him at 0600 in the morning offering to buy his business (witness tampering came to mind). To Mr. Hunsaker's credit he explained to the court that he did not feel, in his expert opinion, that the damage was caused by anything that I had done. Mr. Ross blurted out that Mr. Hunsaker was "babbling" and told him to shut up. (incredulous, yet?) I was ordered to pay approx. $4,632.00 in "restitution" to Mr. Ross. I filed an appeal. After much paperwork exchange between the court and me on the appeal process, I figured out that it didn't matter how badly that I was the actual victim; John Ross was going to get away with it (sometimes justice moves in mysterious ways-- Ross has since died of cancer). Rather than pay Ross a single dime, I filed bankruptcy. I listed the so-called restitution on the bankruptcy. I notified the court of the bankruptcy and of claiming the restitution on the bankruptcy. I was informed that I would have to attend a restitution hearing on the matter that I thought was discharged under the bankruptcy. I was given a summons to appear before "any judge".
Enter Judge Luis Castillo. After I entered the courtroom I explained to the judge that the Privacy Act of 1974 authorized me to ask certain questions of all public servants, including judges and asked if he would agree to answer the questions. This did not ingratiate me with the judge but he told me to ask. I first asked if he was bonded (by law all public servants, including the judge, must have an oath of office and a fidelity bond on file-- or so I've read). I was able to locate his oath of office on file at the Pima County Recorder's Office but no fidelity bond). Judge Castillo replied, "I'll pretend I didn't hear that." I explained to Judge Castillo, again, that he was required to answer the question. He refused to do so. I then asked if it was a court of Admiralty. It was at this point that the judge went "ballistic". He snapped that it was a court of law and that if I continued with my line of questioning that I would be found in contempt of court. I told him, "whatever. But you still haven't answered the question." I really didn't intend to annoy the judge-- it's just that at this point I had become thoroughly concerned with my rights being trampled and being victimized.
The Bill of Rights of the Constitution of the United States of America and the Constitution of the State of Arizona both state that, in matters over $20.00, I have the right to trial by jury. I was denied all of this. I seemed to me that the law was above the law. I filed a U.C.C. FS/1 and a U.C.C. FS/4 "true bill" commercial lien against the judge for violating my rights. It seemed the only lawful way of getting the judge to realize that he wasn't above the law. I sent everything according to code (I have a copy of the U.C.C. Uniform Commercial Code thirteenth edition 1994). I first mailed it to Judge Castillo certified return receipt. As soon as I got the "green postal card" back to show that Castillo had received it, I allowed 14 days notice and grace. When he didn't respond, I published a notice in the Territorial Newspaper in the legal notices section a notice for him to contact me or he would receive a default. When he still didn't respond I published a 72 hour notice in the Tucson Daily Citizen newspaper a notice for him to please contact me or receive a default. The lien is now on file at the Pima County Recorder's Office.
If at any point the judge would have disagreed with any part of the U.C.C. FS/4 "true bill" he could have stopped it by merely responding to the "true bill" point by point. When he refused to even reply he admitted guilt by his inaction. You do not sneak one of these on someone without their knowledge. The commercial lien I filed is quite legal and I made every attempt to get Judge Castillo to respond (a dynamic entry wasn't what I had in mind). I am just deeply concerned with judges having this much discretionary power (not to mention abuse of power) and being above the law and flaunting their arrogance of power.
It should be noted that following my inquisition there was a bill introduced into the Arizona Legislature that would ban the filing of such liens. Think about it--if they are introducing a bill now, that obviously means that it was (and is at the time of this writing) perfectly legal. The Arizona State Attorney General came after me on this one. The only thing that I could figure that would give the State Attorney General jurisdiction on this would be a conflict of jurisdiction-- I liened a Pima County Justice of the Peace and I'm going to hearing on the lawsuit I filed against the Pima County Board of Supervisors and I have the evidence to really win big over the Board of Supervisors (actually I don't make a dime; the money illegally allocated would come out of the individual Supervisor's pockets and go back into the Pima County Treasury + a 20% penalty, interest, court costs and attorney fees) as well as potentially bring disbarment charges against the Pima County Attorney's office on conspiracy charges, as well as a host of other charges that I can prove. David White of the Pima County Attorney's Office allegedly made a comment to a newspaper reporter that he hates my guts. I won't question that. The point is that I've made some very powerful people very mad at me.
3. The prosecution apparent strategy. I believe that the dynamic entry was done for effect. They arrested three other individuals on the same morning. The "news reporters" made several references to the four of us as "co-conspirators". This makes for a pretty inept conspiracy-- given that I don't know the "co-conspirators". Actually I met one, Jerry Juerata [sp] at a church in Mesa for about 30 seconds and Bill Scogins [sp] at a Elizabeth Broderick seminar in California for about 30 seconds. The third individual I've never even heard of-- much less met. As things progressed the newspeople began distancing me from the other three. Although the other three were charged with conspiracy (not sure), I wasn't. I guess they aren't even that dumb (although I'll reserve judgment--good thing that I reserved judgment. A second arrest followed with an 8-count felony indictment that included four counts of conspiracy. These folks are too much!). The news also made several references, while doing the "story" on the four of us, to the Montana "Freemen". I don't know them, either and after a three minute conversation with the leader of them, at the request of several people asking me what these guys were about) Leroy Schwitzer convinced me that not associating with his group was just fine with me. I have some serious problems with a lot of Schwitzer's beliefs. If he's not a racist he could sure pass for one based on the short conversation I had with him. I believe the prosecution knew that the case they tried to build was bogus. I can bring in the U.C.C. code book and show that the lien I filed is not only lawful but is the same type of lien that the government, including Pima County, files. The dynamic entry, I believe, would be the real embarrassment.
Never in history, that I'm aware, has there been a dynamic entry for alleged "forgery". I think going past a door that is wide-open to go break down a door with a ram is a tough one to explain, also. As I reviewed the inventory of "evidence" taken, it was clear what the tact would be: They didn't have a case and this was a blatant illegal abuse of power and that they would have to convince a jury that I'm one of the Freemen and that they had to get me off the street to protect the justice system from anyone that would try to "threaten" our judges and try to influence their decisions (I'll just settle for them abiding by the oath of office they've taken that is on file at the Recorder's Office where they swear to uphold the Constitution of the United States of America).
Everything centers around the "filing of a false instrument". They couldn't show that the lien, was in fact, a "false instrument"; they had no basis for the arrest. That's why they had to rely on character assassination to make up for it. They need to convince the jury that I need to be found guilty, even if I'm innocent. No problem--I was assigned an incompetent public defender (I use the term lightly) by the name of Dan Grills. We'll get into that later. There was a bible on my bed but they put a pile of clothes on top of it. They looked till they found some back issues of Soldier of Fortune and took those as evidence-- evidence of what?! They took a picture of Congressman Jim Kolbe posing with me (guess he must be a co-conspirator). They took misc.. bodyguard manuals. No mystery there; I'm a certified personal protection specialist. They took business cards (don't know what that makes me guilty of). They took two copies of a local cable-access TV show I do called: The Liberty Watch. That should be interesting; my last guest was my friend, former sheriff of Graham County Richard Mack. Anyone that watches the program know that there's nothing subversive in our show. They searched through over 520 videos that I have and selected four to take a picture of-- interviews with David Koresh (someone had left it at the TV studio for me to look at months ago and I have never, to date seen it), a copy of the FAA Failure Analysis Associates video The final Assault on Mr. Carmel (keeping in mind that this is the same organization that the Federal Government hired to do the investigation of the Exxon Valdez grounding, the Challenger space shuttle explosion and the OK City bombing).
In the warrant for my arrest on page 2 it states: "The Court has found reasonable cause to believe that such offenses were committed and that the accused committed them, and reason to believe that the accused will not appear in response to a summons, or that a warrant is otherwise appropriate". Based on what? I'm the one that filed an appeal on the case, I have a pending lawsuit against the Pima County Board of Supervisors, I've lived in Tucson since 1964, my family members all live here in Tucson, my business is in Tucson and I've given them no reason to believe that I would not appear in response to a summons. I always have in the past. It may have been "otherwise appropriate" for the sake of making me appear to be a dangerous felon.
Back to Dan Grills of the Pima County "Public Defender's" Office. After months of time to prepare for the trial, Mr. Grills hits me with the following revelation. While in his office three working days prior to the trial, Mr. Grills points to the 3-inch thick, still unwrapped, pile of discovery material on the floor by his door and asks me, "Is there anything in there that I should know about? I haven't even opened it yet. I guess I'll have to look at it sometime this weekend". During the so-called trial Grills not only didn't bother to have the State prove that I'd broken any laws, but he even refused to offer court cites to prove my case that were handed to him by noted attorney, Dr. David T. Hardy (please see David Hardy's home page), Grills refused to offer the evidence and would offer no explanation other than, "I don't know what's wrong. I gotta get it together. I can't seem to focus". The judge attempted to offer advice from the bench to Grills on three occasions. Grills refused to take the advice. It was embarrassing, even for the judge. On one occasion the judge mentioned to Grills that the prosecution had "opened the door for cross-exam" and that he could proceed if he chose to. Three times she tried to get him to take the hint and three times he responded that it was OK! After only 10 minutes of testimony by me on the stand Grills declared, "Defense rests, your honor".
Following that marked lack of ability the judge mentioned to Grills on three occasions that he could file a motion because the prosecution had charged me with the wrong statute (luckily I was found "not guilty" of criminal damage anyway. Apparently the jury didn't believe that the judge that I filed the lien on hadn't been damaged). They had charged me with criminal damage on a utility! Three times he informed the judge that he wouldn't! Three times the judge informed Grills that item eight of the prosecution's proposed jury instructions were prejudicial and that she would be willing to remove number eight. Three times he informed her that it wouldn't be necessary! Are we getting the picture, yet? Another pearl that you really must see is the prosecution's motion in limine.
This is just too incredible to believe but there it is. You decide for yourself. The prosecution asked that they be allowed to offer anything to show my "motivation" and that I be denied the opportunity to offer any testimony regarding the legality of the lien. That's rich! Since my "public defender" didn't bother to force the State to prove its case regarding the illegality of the lien the jury had to assume that the State was correct in stating that the lien was illegal. I was found guilty of one count of filing of a false instrument and one count of "forger" (an Arizona Revised Statute defined as: filing of a false instrument. Nothing like redundancy. It's great when you want to stack charges). I was found "not guilty" of criminal damage. I was sentenced to three years probation and ordered to pay $450 to the Pima County Public Defender's Office for the sham that I had for a public defender. Dr. Hardy was astounded at the incompetency of council and filed a motion for new trial for me. Please see excerpts from the motion. I also fired Grills.
During the hearing for new trial Grills went off like Jack Nicholson in the finale of the movie A few good men. He proceeded to tell the court, "There's no way that Bernie Oliver could have gotten a fair trial". He went on to declare (as he pointed at Evans of the AG's Office), "I blame you for tricking me." Hmmn--wonder what that was all about? He then said that he blamed the court for allowing it and proceeded to go on a ten-minute tirade without taking barely a breath. I thought sure that the horrified judge would have him removed and fitted for a straight-jacket. Guess that pretty much guaranteed my new trial--right? Wrong. The judge stated that, "The granting of new trials is almost unprecedented and I won't break with precedence". What is the quota on fair trials, I wonder?
Dr. Hardy has filed an appeal on my behalf ( see Affidavit Page1, Page2, Page3, Page4 )and we are awaiting the determination of that appeal at the time of this writing. But wait! There's more. Result of this blatant abuse of power and waste of taxpayer money (estimated 1/4 of a million dollars): I have been publicly humiliated I've been libeled and slandered I've been falsely arrested for filing a perfectly lawful document. They've damaged my home and taken personal items as so-called "evidence" (they said they would pay for my front door and for us to "send them the bill". My wife refused to live in the house. She has nightmares and is convinced they will come back to kill us in our sleep. I can't sleep at night. I spend all of my time just disgusted at what they've done to my wife and me and how it's effected our entire family. I'm embarrassed to go anywhere; fearing that someone will actually believe that I'm a "forger" and a dangerous criminal. It's had an obvious effect on my business. No one wants to deal with an alleged dangerous criminal. -- Except for my TRUE FRIENDS, that is.
Bernard E. Oliver Jr. -- "Bernie"
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