Olofson, Denied, Denied, Denied

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I received this email from David Olofson this morning. It really says it all. I am so outraged that I want to see this prosecutor FIRED and JAILED. It is far too obvious that Justice is only for the elite and not for you or I. That it is OK for the government to lie, cheat, steal, and commit criminal acts, but an innocent man who never broke a law in his life will go to prison because Justice is dead!

This agent Kingery should be jailed for lying under oath! How could this be? It makes me wonder if the Justice Department isn’t trying to make the Citizens of this country revolt in anger over the extreme bias of decisions made here… Tell me who can bring charges against him?

David Olofson olofson@charter.net

K. These are the facts listed from my notes in the courtroom during the motion hearing and sentencing. They are from what was said by 3 individuals, the Judge, the assistant US attorney, and the defense attorney. Nothing in here is to be taken as a quote since I’m condensing it from around 10 pages of shorthand, although some of it will be nearly identical to what was said. I have already been told by a half dozen attorneys to still keep my mouth shut and not express any pointed opinion other than I am very disappointed at the turn of events as they unfolded. Their reasoning is the high likelihood of this being overturned. This is not to say others can’t speak their opinions and other stories about this can’t be told other individuals involved. More from them later to clear up some of those glaring holes everyone knows is there in this case.

Motions were done in this order:
Disclosure
New trial
Acquittal

As soon as I heard what order the judge wanted to do them in I knew this was going south.

All were denied for the following reasons.

It is not necessary to allege or prove the weapon was modified in any way. No one has alleged or proven that it was, nor has the jury found that it was modified. All that the government needs to prove is that the gun meets the strict statutory interpretation. That it may be a factory gun in a configuration approved by the ATF makes no difference as far as the statue is concerned. As such the government disclosed a single document to the court, one of many we were seeking to have disclosed. The judge looked at it, said it appeared to be a letter to SGW/Olympic arms, that it did seem to discuss the guns being made with M16 parts, but because the idea that it was made that way has no bearing on the statue, and because the jury was not asked to find any changes to the weapon the document was not exculpatory and need not be disclosed. The document was then added to the evidence list and sealed. With that sealed there is no new evidence for a new trial to happen. No one would comment on the covering up of any paperwork under the 6103 tax issue. But the judge admitted the government has not disclosed all possible paperwork to the defense. Video of the gun firing the commercial ammo is played. Judge says a malfunction in a semi can be a MG under the statue. Admits there is no M16 bolt carrier or auto sear in the gun and that the gun was apparently made with the 4 M16 parts it has. Points to his interpretation of it being a MG based on Agent Kingeries testimony and says he could not give any credibility to Mr. Savages testimony because it was all hearsay and second hand as he only spoke with SGW and only read Agent Kingery s report but never tested the gun himself. Moved on to ATF ruling 81-4 and the cocorian case from 88. Both say you have to have an auto sear to have a MG. Points to Agent Kingerys testimony that it does not need a sear to be a MG. We pointed out rulings that it must work properly as a MG as designed and not jam. Judge admits the record indicates the gun will not work all the time but repeatedly jams. Again under a strict reading of the statue is doesn’t matter.

That is the basics on the motions. No new evidence, no new trial. Not void for vagueness because the statue it clear, any gun that goes bang more than once, no other requirements for standardized testing of any sort, or modification to the gun needed.

From Olofson’s Court Documents 5-13-08, 2008/05/14 at 7:48 AM

My disgust for this court, for the jury, for the prosecutor and all those who lied their way into this case, for the judge, is unmatched. Never has such a miscarriage of Justice been shown. But with the administration we have I am SO NOT SURPRISED! Our government has gone to the dogs, the justice system has followed suit. Despots and criminals reign today. This country is dead.

Now, stepping back from the emotional outburst here, I think several things are happening;

1. They are working to get semi-automatic weapons OUT of your hands. WHY?
2. They are trying to make you afraid to own these weapons.
3. They are hiding the information you need to make sure your weapons don’t become automatic weapons. (Such as the government recall of the parts that malfunction)
   

With the posting of my last article, it is becoming clear that our government is moving towards a military rule. Those who show dissent, who show independence are being suppressed and placed in a kangaroo court by the real criminals. Remember, the bush administration just had our military and the Canadian military become brothers, (See here), in arms. That means they can call on the Canadians to help put down any dissent inside the USA. This cannot be allowed to happen.

We must be wise, vigilant and cautious. While defending our Rights and the Constitution, we must also avoid giving the military an excuse to come down on us. Because, from the looks of things, that’s exactly what they are watching for! Call me an alarmist, but in the past 8 years our freedoms have gone out the door along with our country! This is no longer a free country. That judge could have interpreted the law a different way, but he chose to do it the way he did making our rights less than what they used to be. We cannot stand for this!

As I pointed out yesterday, I COULD NOT FIND A SINGLE WORD ABOUT THIS CASE IN ALL OF WISCONSIN, LET ALONE ANY OTHER NEWS SOURCE. And because of a worthless primary, Lou Dobbs didn’t do a real show yesterday. I cannot wait until the farce of this election is over. This should be front page stuff, but the Media is SILENT! That tells me that big corporations are in on this also. All part of the suppression of the United States Citizens. Be afraid, be VERY afraid!

Whatever you are thinking, violence is NOT the answer. I don’t know what is, but that won’t work. We do, however, need to organize and make plans. Most of all, we need to force a change to this law that has snagged David Olofson. Pay attention to everything around you.

If anyone out there has a legal opinion on this I’d be happy to hear it. I’m sure that an appeal has already been filed. I’d love to know HOW a jury found Olofson guilty in the first place. I’ve also got two transcripts from the trial. The first is dated January 7, 2008 and the second is dated the day after. There are Here: transcript-of-jury-trial

And Here: transcript-of-jury-trial-january-8

Staying informed is our best defense. View my post on Terrorism Within HERE:

With the purposeful media blackouts there is no telling what else we aren’t being told that we need to know. The powers that be are not our friends any more. Congress, as American Citizens themselves should be making sure our freedoms are intact, they aren’t. They are passing laws to make us all criminals or criminal elements. You have been warned…

Trust me, I’ll update you as I get more information on this case. I will NOT forget and I will NOT let this go!

David Olofson has left his sentencing in the comments section but I’ll add them here in bold color for you to see better. I have to tell you I am totally speechless as to the corruptness of the officials here, the despicable nature of these “supposed” pillars in our community, wherever that community may be.

David Olofson olofson@charter.net

Ok. On to the sentencing phase. Judge commented on the following things.
My knowledge of the different jurisdictions we have sovereignty. Knowledge of weapons and military training that make me particularly dangerous. Claims I knew the weapon was a MG as per testimony, even though the testimony was recanted and the only statement from me to the local Pd was I know what a MG is and that is not it. Claimed I have ties to vigilantly militia groups. Points to a email between me and the minute men discussing stopping down and helping out someday as proof of the allegation. Points to pdf manual of conversions as proof I somehow meant this to happen. (Thought this was about a malfunctioning gun?) As addition proof I meant this to happen says I wanted Mr. Kerniki to shoot it as an auto, why else would I give him 100 rounds every 2 weeks. Adds that I admit knowledge of FA to the LEO’s. Leaves out the part where I added I don’t have the skill for machining. Talks about a CCW case that was tossed after I produced a video of the gun in the open and a 911 tape
with the caller saying it was open carry. Said it didn’t matter if the charge was dropped and that it was openly carried (legal in WI), anyone who carries a gun in public is endangering public safety (LEO anyone?). Especially if children are around. Points to a mystery document supposedly a letter of reprimand from the army. No proof of service was included with this document. ATF says they did not get it from the Army, but found it in the data on one of the hard drives taken. Document claims I destroyed data on military computers, sold or transferred military data to outside militia or terrorist groups, and was AWOL. I have JAG looking into this BS now. Will know more later. Interesting to note this happened at the same time I received an Honorable discharge and AAM for maintaining Army computers and improving unit data processing. Not sure how I can supposedly be doing both things at the same time, but I will find out. Brings up the giving of ammunition is evidence of some kind
of illicit profit making on my part somewhere and that I must have been ignoring the law somewhere to do that. Claims all of the above is proof of less than honorable service in the military and willful disregard of the law. Goes over cases showing people who had real MG’s on a first offence and were either given 12 months probation of let off with a deferred prosecution agreement. Says just because it’s done doesn’t mean it should be done in this case, and that an example must be set to deture others from committing the same crime.

End result is a sentence as follows:
30 months confinement (26 served with good behavior).
2 years probation with 30 hours community service each year.
Give DNA
No guns or drugs
$100.00 Special assessment
Points out importance of submission to federal system
Puts on the record that He has no reason to believe I am a flight risk or that I would misbehave in anyway. Says I have been polite and co operative throughout the entire process. As such I am not remanded to custody, but will self report when noticed at my expense.
Notice of appeal was put on the record.
Judge would not issue a stay of execution of sentence at his level; one is being put in for at the next level.
Some other paperwork is being done, not clear on it all yet. When I know more I will post it.

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~ by justmytruth on May 14, 2008.