- Matthew P. Dec (Pro Se)
- V
- Butler County, et al....
Appellant’s Brief
PART ONE: History and Facts in Original intended Filing
And now comes Appellant Matthew P. Dec (Pro Se), (filing under this Court’s
jurisdiction via USC 1983, TVPA, RICO, and various federal tax issues;)
this Brief contains herein the underlying and currently unaddressed causes,
and illumination thereof these implications in its filing are made manifest to
the open eye.
1- This case proceeds from the events of June 6, 2023 in which Appellant
during telephonic communication disputed with Magistrate O’Donnell’s office
over jurisdictional issues; (any issues as pertaining any other previous suits
such as 23-cv-0072 are null and void possessing only historical significance to
current Cause of Action of this filing.)
2- By use of analogy:
“Mr. Smith drives 3 hours from Butler, Pa. to Greensburg, Pa. and performs a
roof repair for the sum of $400. Mr. Smith completes his job, receives his
check, and drives 3 hours back to Butler and deposits his check.
“The next day Mr. Smith learns that the check bounced. Mr. Smith calls the
local magistrate of his region, and is told that he must drive back 3 hours to
Greensburg and locate the district magistrate there to file it.”
3- Either secretary and Constable Geagan misheard what was said or they lied
under Oath; and Plaintiff contends that they lied under Oath.
4- Plaintiff laughed when he learned what he was being charged with saying,
“Wait til they play the recording and find out that the PCP USA is a website
not street gang.”
5- Plaintiff sat for 50 days in the Butler County Prison on $250,000 bail without
a preliminary hearing, while the courts and media spread false accusations
about him. (This is a violation of Due Process as a Defendant is to be afforded
the Right to confront his accusers at a preliminary hearing within 14 days of
arrest via PA. Statute 234 PA Code 540 (G) (1).
6- There is no recording, nor any tangible evidence of a crime even being
committed. Plaintiff is now confronted with a “they said he said” whereby
which he is accused of 4-5 assaults and 4-5 terroristic threats etc…; and, of
course, they had no stenographer available at preliminary hearing either.
7- Plaintiff was also victim of lower court officials’ deceptive practices by
providing a personal friend and common communicator of false witness
Constable Geagan; that being former magistrate Wayne Seibel (now a civilian)
from Evans City (located in Butler County and the same office that placed
Plaintiff on $250,00.00 bail) whom Constable Geagan serviced during his reign
as magistrate.
8- Sitting judge was to be from out of county due to mass media generated
Falsehoods, and all local judges having been associates of Mr. Geagan and DM
O’Donnell’s office were invalidated via rules of recusal.
9- Mr. Seibel (a civilian,) by intentionally impersonating a sitting out of
County Judge did thereby commit Fraud upon the Court; and thereby he
barred any judicial immunity that might previously have been available to him.
(Mr. Seibel was not a sitting out of county judge, he was a common Citizen
consciously pretending to be one.)
10- Even if all evidence points to a malicious and corrupt organized
syndicate’s conspiratorial employments (which it is), a judge has absolute
immunity to engage in the most vile and reprehensible fascist vomit
imaginal, for it is an established fact (at least at this point in American History;
Bruen may change that) via the protections the former Supreme Court
“justices” bestowed upon the lower levels of their brethren, that the
resulting manifestations prove that they have no leash and have weaponized
the courts against political and moral rivals. (Freemasons v. The People)
11- The leash that does exist is in the hands of the State Representatives who
are actually quite remarkable themselves in their Constitutional errors that
they employ against the People; and the 11th Amendment immunity they
personally appropriate and enjoy is like unto that their like fellow
judicial folk possess; which creates an endless ping pong table that
accomplishes nothing other than that which is reportedly committed upon
and unrequited to an unsatisfied and indignant populous.
12- This is not what Our Forefathers set forth to create, nor the guidance of
what they would have thought and wrought, and it is Historically proper to
assume that they would have refused espousal to the said thought form
thereof Plaintiff takes dispute with (In fact, they probably would have tarred
and feathered them.)
13- Plaintiff has considered this new form of Constitutional analysis (Bruen),
and concedes that he could not have created a more sure and apt manner
upon which the justices ought rightfully weigh Constitutional issues.
11- Because Plaintiff alleges corruption in a multitude of depths and levels as
is manifest in the forms of USC 1983, TVPA, RICO, and IRS tax fraud, it is
necessary to understand the verifiable conduct of the local elected
commissioners, judges, magistrates, and DA; and how they all cook together in
a nice neat RICO package smothered in abuse of process.
12- It therefore is necessary that Plaintiff expound upon the History of the
issues that played in the background unseen by the common viewing eye.
12- Prior to the charges alleged against Plaintiff on June 6, 2023, Plaintiff had
created and was working on the launch of a unique and yet unseen political
vision that is to bring activities of police, court officials, legislative officials, and
prison/enforcement officials into account for their activities.
13- The manner in which this project was brought to fruition was by the
creation of a third political party by Plaintiff which was officially inaugurated
as the “People’s Constitutional Party” (PCP), combined with a
new Christian 501c3 denomination entitled the “Assemblies of a Standard
Raised” (ASR.)
14- The PCP subdivided the entire USA into all 3147 counties (parishes,) and
was created in a manner that gave one person (or group of persons,) the
opportunity to engage the political adversary in the battle of the electoral
posts of their region; all via social media built into each county site.
15- Via the use of social media, a political medium was created whereby which
all former campaign costs are negated with a viewing potential of every
person that has a laptop/cell phone FOR FREE!
16- This third Party option boasts the unheard of ability to field 13 Candidates
into the Presidential Election of 2024 enabling each Candidate to run for
President free of campaign costs with a built in platform as well as media
projection abilities ( https://thepcpusa.com/13-candidates/ ) – it also sports
the political unionization of every convicted felon (1 out of 8 men 2018) in the
nation under the Umbrella of the PCP ( https://thepcpusa.com/felons-union/ )
– and the unique opportunity at this time in the History of this Nation’s
awakening of proper Court analysis via Bruen to follow in the footsteps of their
Forefathers, taking an active part in restoring the principals this Nation was
founded upon within their own personal potentials of CEOs of their own
County 501c4, 501c3, and various other financial potentials proffering various
IRS code options ( https://thepcpusa.com/county-sites/ )
17- The “ASR/PCP of Butler, Pennsylvania” was being primed to use as a “flag
ship” site to show Citizens what can be accomplished against local corruptions
thereby.
18- Two cases are already posted thereon. The primer case is “Cheyenne L.
Goodin v. Butler, County et al…; and the other is Plaintiff’s current challenge
of the State punishing Citizens for the practice of a Constitutional Right (Third
Circuit 23:-2765,) which was recently Dismissed with Prejudice from the
Western District Court of PA. citing 11th Amendment “safeguards” against
Citizens attempting to correct Constitutional errors committed against them
for which cause it was appealed to the Third Circuit. (2:22-cv-1290)
19- The case of Cheyenne Goodin v. Butler, et al…, “resolved” via the
District Court, stating that a mother who’s child was fraudulently obtained by a
man who falsified federal and state documents, and who perjured himself
under Oath claiming to be the “biological father”, having granted to a
homicidal drug dealer and sexual abuser a toddler who was sexually abused as
a result, was found as having no foundation of reasonable cause for the
District Court to take action, for which cause it was considered “Frivolous and
Malicious” and was Dismissed with Prejudice by Chief Judge Mark Horniak; a
top rated NAMBLA Champion of Rights for men to enter little girls bathrooms,
and handpicked by Michael and Barry Obama themselves. (2:21-cv-00265)
20- The man who Butler County judges, and federal Judge Horniak, and CYS
offices gave the child to, in spite of all warnings and pleadings by Ms. Goodin;
was arrested on a fourth and fifth DUI, dealing fentanyl/heroin and crystal
meth, is reportedly being probed for multiple young girls’ deaths by OD, with
the toddler having been reported to have been previously sexually molested by
the now sponsoring foster family; now sits in jail on a $100,000 bail.
21- Ms. Goodin, who foolishly returned to that individual’s residence in
concern for her child became again ensnared in heroin, meth, and crack, and
was currently believed to be either in a halfway house or a rehab. (Recently it
was learned by Appellant that she left the halfway house, gave birth in a tub at
a crack/meth/heroin house where she is prostituted from; spent 10 days in jail
for leaving halfway house from hospital where she was taken to for excessive
bleeding; and was released fully addicted under the mental torture of realizing
her own 4 year old son had sexual relations with her as she was doped up by
man who perjured himself in court to the “wink” of Judge Yeager and the
“rubbing of hands” by Att. Mike Zunder: They want this girl overdosed to
“sweep under the rug” what they did to her.)
22- The damage done by the lower courts to that mother and child are
despicable to say the least. That man was told by his attorney Mike Zunder to
Lie to the judge, the judge (Michael Yeager) knew he was lying, and court
rolled on giving that child to that man, because that man paid Mike Zunder a
handsome sum.
23- The filings Plaintiff helped that young woman file would cause any Jury to
find negligence/corruption upon Judge Yeager, Attorney Zunder and
Associates, DM Kevin O’Donnell, DA Goldinger, and CYS.
24- The Butler County system and Plaintiff have been “at war” with each other
on multiple fronts over a multiple period of years, but never has an episode
such as this one been seen by Plaintiff ever.
25- Another judge also, who was I believe some sort of senior judge from
Armstrong county was called to sit in on one of her cases in which she sued
Attorney Zunder and Associates, he refused to let her have a witness speak on
her behalf, mocked her telling her she “was bringing a knife to a gunfight,” and
also conceded with the giving of her son to man she claimed was not the
biological father, was a drug addict and dealer, kept her doped on drugs to
abuse her, and was turning his attention on her son!
(Freemasonry as a demonic cult of “brotherhood” has been recognized by people from Anton Lavey {who stated “freemasonry is a screening process for satanic initiation”} to Plaintiff himself who was asked while in Bible college to deliver a man involved in freemasonry whose mind was obsessed with “german shepherds fucking girls as he masturbated in a circle at a ritual at a lodge.” Sometimes the Truth is stranger than fiction it would seem.)
26- This judge did in the previous hearing tell Plaintiff (who was her witness)
to “sit and say nothing or be taken from the court” with multiple deputies
surrounding Plaintiff. With Plaintiff’s own eyes he watched them gang up on
and beat her down rather than addressing her legitimate issues.
(Because privacy issues, and a toddler child being sexually and incestuously assaulted being involved, would advise that all communications about the Cheyenne Goodin case being kept concealed and confidential; it is so requested. The issues of sexual abuse contained herein are waived by PA Law all 11th Amendment protections and demands investigation by proper Attorney General.)
27- This is one of the issues Plaintiff had every intention of utilizing in his
purposed goal of launching the Butler, Pa. ASR/PCP as well as other issues of
direct political import that should have removed from office the DA, 3
commissioners, DM O’Donnell, and DM Stoughton this year; and via the
weaponization of the courts Plaintiff was/is imprisoned and they retained their
offices using vindictive/malicious prosecution.
28- Although these are the activities leading up to the cause of this suit,
neither they nor the vindictive/malicious prosecution claims that reside within
are the core cause of the action.
29- The cause of this suit begins with Plaintiff being placed on House Arrest
and being forced to pay a 501c3 religious charity organization $450 a month to
be on bail, or have bail revoked and re-incarcerated; and should end with an
injunction placed upon Defendants prohibiting the continuance of current
practice.
30- It is 100% illegal to run a house arrest program for the county operating as
a 501c3 charity! Via the operation of such an act they are engaging in
violations of both TVPA and RICO. (See Precedential ruling of Third Circuit No.
21-2846)
31- Contained within Third Circuit’s ruling in 21:2846 is the established
violation of the 13 Amendment;
“Section 1 of the Thirteenth Amendment to the Constitution of the United
States states: “Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their jurisdiction.”
“…In Kozminski, the Supreme Court held that the phrase “involuntary
servitude,” as used in 18 U.S.C. § 1584 and the Thirteenth Amendment, is
“limited to cases involving the compulsion of services by the use or threatened
use of physical or legal coercion.” 487 U.S. at 948. The Court rejected the
Government’s broader proposed understanding of the phrase, which
encompassed “the compulsion of services by any means that, from the victim’s
point of view, either leaves the victim with no tolerable alternative but to serve
the defendant or deprives the victim of the power of choice,” because that
reading “would delegate to prosecutors and juries the inherently legislative
task of determining what type of coercive activities are so morally
reprehensible that they should be punished as crimes.” Id. at 949…
“…“Modern day examples of involuntary servitude [under the Thirteenth
Amendment] have been limited to labor camps, isolated religious sects, or
forced confinement.” Steirer v. Bethlehem Area Sch. Dist., 987 F.2d 989, 999
(3d Cir. 1993). “ ( Third Circuit 21:2846)
32- There is a distinct difference to Plaintiff’s 13th claims and others; Plaintiff
is out on $25,000 bail and is innocent until proven guilty! Forcing him and
others to pay a 501c3 religious organization to imprison him at his mother’s
house at the cost of $450 a month with threat of bail revocation supercedes
anything that has to do with threats to illegal immigrants or men sentenced to
jail time for contempt having to sort trash.
33- As for the TVPA charge:
“…Congress heeded the Court’s call in Kozminski for legislative action, see 487
U.S. at 951–52, when it passed the TVPA, which defines forced labor broader
than Kozminski’s definition of involuntary servitude as used in the Thirteenth
Amendment by criminalizing knowingly provid[ing] or obtain[ing] the labor or
services of a person by any one of, or by any combination of, the following
means—
(1) by means of force, threats of force, physical restraint, or threats of physical
restraint to that person or another person;
(2) by means of serious harm or threats of serious harm to that person or
another person;
(3) By means of the abuse or threatened abuse of law or legal process; or
(4) by means of any scheme, plan, or pattern intended to cause the person to
believe that, if that person did not perform such labor or services, that person
or another person would suffer serious harm or physical restraint[.]
18 U.S.C § 1589(a). Specifically, subsections (2) and (4) draw more broadly
than Kozminski’s limitation to “physical or legal coercion.” See also 22 U.S.C. §
7101(b)(13) (noting, in support of the TVPA’s passage, Kozminski’s narrow
definition of involuntary servitude and stating that “[i]nvoluntary servitude
statutes are intended to reach cases in which persons are held in a condition
of servitude through nonviolent coercion.”); H.R. Rep. No. 106-939, at 101
(2000) (“Section 1589 will provide federal prosecutors with the tools to combat
severe forms of worker exploitation that do not rise to the level of involuntary
servitude as defined in Kozminski.”).
“Congress also broadly defined “abuse or threatened abuse of law or legal
process” as the use or threatened use of a law or legal process, whether
administrative, civil, or criminal, in any manner or for any purpose for which
the law was not designed, in order to exert pressure on another person to
cause that person to take some action or refrain from taking some action.
18 U.S.C. § 1589(c)(1).
“And Congress chose not to include the phrase “involuntary servitude” in the
TVPA. Rather, the TVPA clearly encompasses a broad range of conduct which is
not limited, as the dissent suggests, to ‘appalling criminal conduct and
shocking depravity.’” See Dissent Op. at n.6. That range of conduct
encompasses circumstances in which the person whose labor is being
exploited is faced with any number of choices as an alternative to working,
including actual or threatened physical restraint, serious harm, and abuse of
law or legal process. See 18 U.S.C. § 1589(a). And the TVPA bars getting or
giving labor “by any one of, or by any combination of, the [prohibited] means,”
indicating that a victim can face more than a binary choice and remain
protected by the statute. Id. The TVPA’s more-expansive definitions of
coercion reflect the “increasingly subtle” ways by which labor may be forced,
United States v. Dann, 652 F.3d 1160, 1169 (9th Cir. 2011),
including both physical and “nonphysical forms of coercion,” Muchira v.
Al-Rawaf, 850 F.3d 605, 617 (4th Cir. 2017).
“Defendants’ conditioning of plaintiffs’ access to the work release program
(which plaintiffs allege they needed to free themselves) on a period of nearly
free, grueling labor at the Recycling Center, is an abuse of law or legal process
under the TVPA. That is so because it is a use of the work release program in a
manner for which it was not designed, in order to pressure plaintiffs to work at
the Center. Id. at 1589(c)(1). (Third Circuit 21:2846)”
34- If placing late child support payers in a gruel meal factory for pennies on
the hour is using “work release” for a purpose unintended, how much more so
sticking the innocent of any crimes under forced penalization of house arrest
at $450 a month to a 501c3 religious charity of the county’s choice? (Another
question: Does anyone believe that not one DA, ADA, judge, magistrate, cop,
attorney, etc., knew that that was wrong? Of course they did!)
35- As a result of these instances the actors all in their official capacity or their
individual capacity have played their part in violations of the TVPA, RICO, 1st
Amendment, 4th Amendment, 5th Amendment, 8th Amendment, 13th
Amendment, 14th Amendment, abuse of process, unjust enrichment, white
collar crimes against tax codes, and conspiracy to violate civil rights; (See
attached Motion for added Defendants.)
36- Plaintiff avers that these Defendants through their common cult cause of
have conspired to, created, committed, and continue to commit said acts
contained therein.
37- Plaintiff rests his Brief upon this foundation and awaits Defendants’
defense to Brief; and will perfect his case within the response thereto.
38- Plaintiff demands a Jury Trial of his peers.
39- Glade Run Lutheran Services at this moment continues to function as a
“government instrumentality” enforcing court orders, extorting citizens who
post bail $450.00 a month to be locked in their house as bail condition,
receiving funding from the county for such labors, and declaring an
approximate $22 MILLION in 2022 of county funding as tax free gifts of love for
their charitable Christian services!
40- IRS states: “As noted above, Rev. Rul. 60-384 establishes that a state or
Municipality function cannot qualify as an IRC 501c(3) organization since its
purposes are not exclusively purposes described in IRC 501(c)(3). Furthermore,
an organization wholly-owned by a state or a municipality is not a clear
counterpart of an IRC 501(c)(3) organization and is not entitled to exemption if
it exercises powers that are governmental in nature, that is, “enforcement or
regulatory powers in the public interest such as health, welfare or safety.”
Exemption is denied because the organization “has purposes or powers which
are beyond those described in section 501(c)(3).” (This position has been
implicitly supported by the courts. See Estate of Leslie Johnson v.
Commissioner 56 T.C. 944 (1971), acq. 1973-2 C.B. 2; Old Colony Trust
Company v. United States, 438 F. 2d 684 (1st Cir. 1970).)
41- That placing Defendants that are Constitutionally “innocent until proven
guilty” and post bail upon medium level punitive imprisonments, forcing them
to pay a 501c3 church entity $450.00 a month under threat of incarceration is
a violation of TVPA (using a system of punishment to extort money from
citizens on bail) via abuse of a process beyond its intended purposes may be
seen from “common sense:”
A- If a Defendant was a danger to society in general he would cut off bracelet
and go on a shooting spree; for which cause the ankle monitor is worthless.
B- If a Defendant were a risk to certain people such as a mobster, what better
alibi could he have after putting a hit on someone but that he was on house
arrest; for which cause the ankle monitor is worthless.
C- If a Defendant were to desire to jump bail and become a fugitive, he would
simply cut off the bracelet and run; for which cause the ankle monitor is
useless.
D- There is no justifiable cause for placing a citizen who has posted bail upon
a medium level punitive imprisonment plan complete with financial extortions
from a 501c3 church under threats of incarceration from the local county
government other than racketeering and oppression as is used by
Authoritarian Regimes around the world to silence political dissent. (See
Wikipedia “house arrest” search: While house arrest can be applied to criminal
cases when prison does not seem an appropriate measure, the term is often
applied to the use of house confinement as a measure of repression by
authoritarian governments against political dissidents. In these cases, the
person under house arrest often does not have access to any means of
communication with people outside of the home; if electronic communication
is allowed, conversations may be monitored.)
E- That which is being perpetrated upon Plaintiff is abuse of process and
official oppression after the manner of foreign regimes to silence dissent may
be seen by the rules Plaintiff is subject to:
(a)- Plaintiff may work for other party but is forbidden to bid his own jobs.
(b)- Plaintiff is now after 5 months permitted to attend a church but is
forbidden to continue with the building of his own. See www.thepcpusa.com
42- Plaintiff believes that through this Brief (which DM Eddy Reed refused to
even let him file) he has overcome the “frivolous” barrier; for which Plaintiff
respectfully petitions this Court to review his claims.
PART TWO
Civil, State, and Federal Codes and Laws Violated
INTRODUCTION
43- The United States Constitution is the Supreme Law of the Land. All
jurisdictions of its premise as well as all whose vocation is “under color of law”
are under its dominion and subject to its Laws. (Unless given Absolute
Immunity to act of their own despotic accord without respite; an idea the
Framers of our Constitution would have found repugnant.)
44- In the Bruen decision, one the most vital dictates unto this Nation’s
integrity was given, that statement implied that all issues as pertaining unto
Constitutional issues must be decided using the basis of the Framers’ intent.
45- God forbid that this Nation should fall under the immoral and despotic
dictates of “woke” judges who consider it their Duty to push “woke” ideologies
in violation of Constitutional safeguards under the endowment of Absolute
and/or qualified Immunity! Sadly, We the People see it occurring more and
more blatantly from the “Trump Debacle” unto even the lowest of courts;
creating a frenzy of unchecked maliciousness and vindictive prosecution by
DAs before the judges via the “weaponization” of the courts in violation of
Rights both procedural as well as substantive. This is happening across the
Nation as judges and DAs across the Nation have formed “local mobs” under
Masonic initiation to include both police as well defense attorneys and elected
officials using their positions to further their self serving agendas.
46- This is not what our Forefathers envisioned.
47- The United States Supreme Court in New York State Rifle & Pistol
Association v. Bruen ruled that Constitutional issues, when faced by the Court,
must be decided by the precepts of purposed cause as the originating
Founders of our Constitution had in mind.
48- The issues in this case are the 1st, 4th, 5th, 8th, 13th, and Fourteenth
Amendments, TVPA and RICO, as well as Federal tax violations respectfully.
This issue stems from the Bill of Rights and 14th Amendment of the
Constitution which is singular in imposition, and it began its existence as, and
under the conditions of;
49- “Preamble… (to the Bill of Rights)
“Congress of the United States begun and held at the City of New-York, on
Wednesday of March 4, 1789;
“THE Conventions of a number of the States, having at the time of their
adopting the Constitution, expressed a Desire, in order to Prevent
misconstruction or abuse of its Powers, that further Declaratory and
Restrictive Clauses should be added: And as extending the ground of Public
confidence in the Government, will best Ensure the Beneficent ends of its
Institution…”
50- In order to understand the significance of this second statement, it is
necessary to understand the History behind it:
51- On June 7, 1776 Richard Henry Lee of Virginia presented to the Second
Continental Congress what became known as the Lee Resolution. The Lee
Resolution proposed three things to the new Congress:
A – A Declaration of Independence from Great Britain.
B – Alliances with foreign powers against Britain be sought out.
C – A formal confederation of the States be made.
52- On November 15, 1777 an Articles of Confederation was agreed upon by
the Congress. The last State to ratify it was Maryland on March 1, 1781, and it
remained the ruling Document of the United States of America for eight
years.
53- There was, however, various flaws to be found with it. The People, having
just fought a war with Britain over their Civil Rights, were non too eager to
place themselves back into a position they just fought themselves out of.
54- And so, as a result, they made Congress purposefully weak;
A – The Congress had no power to tax the people to raise revenue. It could
Only ask the states for money or get loans. When it did ask the states for
money, it had no power to force them to comply, so most of the time the
states didn’t send the requested money, yet the Congress was supposed to
oversee military affairs and regulate the economy.
B – Another problem was that each state had one vote. This was inherently
unfair to the larger states because they were asked to contribute more
because of their size, yet had no greater say in how things should be done.
C – Congress was supposed to control the military, but had no power to
impose taxes to pay for it. It also had no power to require people to serve in
the army. Instead Congress would send requests to each state to supply
troops, which many times went unfulfilled. This is one of the reasons why
George Washington’s Continental Army was continually undermanned.
D – The Congress had no authority to require delegates to even meet. States
would appoint their delegates, but they might or might not show up to
scheduled meetings. This made the course of conducting business extremely
slow. It was so slow that the Peace Treaty with Great Britain, which had
already been signed by the ambassadors, sat for months in Congress because
there weren’t enough delegates present to vote on it.
E- -Congress could make decisions, but could not enforce them.
F – Congress could not regulate trade between the states. Instead, each state
created its own trade laws, rules and tariffs. This created a confusing set of
regulations from state to state and created a great deal of competition from
state to state in trade matters.
G – Each state was considered to be a completely sovereign entity that could
do whatever it wished apart from the specific things mentioned in the Articles
which were given to the federal government, which included the right to make
war, control foreign diplomacy, control weights and measure, and act as an
arbiter between states.
H – Decisions had to be made unanimously, so one state could veto a measure
that all the other twelve wanted.
55- As a result, the inherent deficiencies came to Light on May 29, 1787 with
what was called the“Virginia Plan”; whose sole purposed intent may be seen in
Its first declaration;
“…Resolved that the Articles of Confederation ought to be so corrected ;
enlarged as to accomplish the objects proposed by their institution; namely,
“common defense, security of Liberty, and general welfare….”;
56- Although some change was obviously needed, there was a division
between what was known as the “Federalists” and the “Anti- Federalists”. The
Federalists were somewhat against the Bill of Rights as they saw in their view
that such an enumeration might give a future administration of Congress the
power to oppose such (as they did by creating 18 USC 922 (G)(1); the
Anti-Federalists demanded the Bill of Rights to be organized and endowed with
Absolute Immunity from any course of action taken by Congress. The
Anti-Federalists had their way and the Bill of Rights were ordained as
“Declaratory and Restrictive Clauses” that were to be forever held INVIOLATE
by Each and Every Citizen throughout the course of their free lives; never to be
tampered with legislatively nor judicially forever. For instance, such
punishments as imprisonment and sometimes death were recognized, but
upon release each Right was fully retained. They were designed so that
Government could never disarm the People individually, nor take away their
Freedom of Speech, nor Religion, etc…, (For to take away one was to take
away all under the singular BILL of Rights, and even as the Bill Rights was
created to keep the Federal government in check; so like wise was the 14th
Amendment created as a mirror to keep the States in check.)
57- What is occurring today in the Courts of Our Nation more closely mirrors
“Fascist Socialism” under the rule of an authoritarian oligarchy rather than the
Democratic Republic possessing INVIOLATE Rights of Citizenry. (The loss of ANY
RIGHT (substantive or procedural) within BILL of Rights furnished unto the
States via the 14th via Anti-Constitutional impositions would have provoked a
Second Revolution. And as Bundy Ranch and Capital unrest indicate, it may just
yet…)
58- Appellant salutes this Court for its rulings in Range and Quaille, and though
this case has nothing to do with Second Amendment it does implicate the
others.
59- In our Forefathers’ days they did not have cars but rather rode horses.
The absurdity of the current practice at issue may be seen by this apt
Analogical question posed as pertaining unto the Fourth Amendment, and how
our Forefathers would have reacted to the to be posed question subsequent
this relay of the Fourth Amendment;
“The Right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated, and
no warrant shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized.”
60- This Amendment was Ratified because the British Government basically
viewed We the People as a Money Making enterprise. For which cause, the
Citizens quite often did whatsoever they could to retain their income for
themselves: for which cause the British would often spy upon and break in to
take what they wanted. Also, they would arrest whomsoever they would
without probable cause. The States after defeating the British had no desire for
a federal government that would do the same as they that they just
vanquished; for which cause the Fourth was created as a prevention thereof.
61- As we know from McNeely and Birchfield the warrant requirement is
synonymous with blood as it is with cars (see Commonwealth v. Alexander)
and houses.
62- Question: How would our Forefathers have responded if after the
ratification of the Bill of Rights they were told that they can practice their Right
to request a warrant, but if they did their horse would be confiscated for 18
Months as is currently practiced in Pennsylvania and is under this Court’s
discretion to resolve via 23-2765?
63- Or how would a panel of the Framer’s have responded to the following
averments…?
Averments
64- Appellant, who is innocent until proven guilty, is court ordered to house
arrest after posting bail, and is forbidden to leave house except to work for
third party to pay a 501c3 church organization $450 a month under threat of
incarceration.
65- An allegory:
Freemason: “Gentlemen and established soldiers of Freedom who have fought
to free us from authoritarian rule! We praise your remarkable insight into
issues that future generations of Americans may encounter should wicked men
that desire to feed their bellies at the expense of the People arise, and not
have the moral fortitude to serve the People but rather serve themselves at
the People’s expense! Your wisdom in the creation of the Bill of Rights is
unprecedented! However, we seek your blessings in an endeavor we have
created to incarcerate the People in their houses who post bail; AND, we will
employ a local priest and his congregation to spy on them! And best yet, we
will pay the priest to do it, and he will claim tax exemption! Granted, the
Citizen shall lose his 1st, 4th, 5th, and 8th Amendment Rights, but we shall
have sealed him off from society and force him to pay us for so doing until he
can prove himself innocent!”
Framers: “If he is dangerous or a flight risk, why would you give him bail?”
Freemason: “ Oh, he is neither a threat to society nor a flight risk. But he is
politically troublesome, and some of our “brethren” have testified to him
saying mean things and accusing us of being corrupt and trying to make us lose
an election!”
66- How would the Framers have responded? I dare say negatively thereto.
67- The following, although it’s a habeas corpus motion Appellant wrote for
his attorney possessing subject matter he desires provided to Judge, shows an
actual example of how Appellant is being victimized by an authoritarian form
of persecution:
68- Petition for Habeas Corpus Relief
Defendant, in light of prosecution’s last intended “added information”, does
allege prosecutorial misconduct as well as lack of evidence to proceed; and is
also a violation of PA Rules of Evidence:
Rule 404. Character Evidence; Other Crimes, Wrongs, or [Other] Acts *
* * (b) Other Crimes, Wrongs, or [Other] Acts. (1) Prohibited Uses.
Evidence of [a] any other crime, wrong, or [other] act is not
admissible to prove a person’s character in order to show that on a
particular occasion the person acted in accordance with the character.
A-Prosecution, “in support” of the alleged verbal communication that occurred
on June 6, 2023, attempts to add as “evidence” a verbal disparagement of
Chicora Borough using strong language Defendant used to describe his opinion
of them, and their false accusations they made against a church’s grounds that
he left for them on an answering machine in May 6 of 2023.
B- Prosecution in his desired introduction of “evidence” states;
“In that call the Defendant threatens tp send some n****** to smash their
windows out.” Defendant never said that as recording proves…
C- The use of what many would consider “curse words” are words that are
used by many individuals from many walks of life as “slang”; in particular
ex-service members such as Defendant who served in the Navy onboard the
USS Nimitz, or roam the streets and listen to today’s music and develop “slips
of speech” therefrom others might consider “offensive.”
D- Because of Defendant’s religious convictions that “vengeance belongeth
unto the Lord,” he ended his disparagement of them with; “Don’t make me
pray my God sends sends some niggas to break your windows.” (Throughout
the Psalms are records of David praying for God to do far worse than break
windows. See Psalm 109)
E- The term “nigger” and “niggas” are interchangeable for many and are no
longer an implicitly implied derogatory term of racial prejudice, but rather
used in a variety of circumstances. And it can be used as a greeting between
friends (i), it can be used to denote affiliation (ii), and it can be used to describe
someone that is of questionable repute regardless of color (iii); in other words,
it can be used for “people” in general.
(i) Two friends meet and one says to the other: “What’s up nigga?”
(ii) When questioned about a clique of friends: “I know them. They’re my
niggas.”
(iii) When referring to a thief: “He’s a nigga motha…”
F- Prosecution is attempting to assassinate Defendant’s character for the use
of “slang” and protected speech by introducing as “evidence” Defendant’s
disparaging comments pertaining Chicora Borough’s actions. (Who are WHITE)
G-The use of such language is standard vocabulary for many without any racial
prejudice intended and is protected by the First and fourteenth Amendments
(a) as well as the Word of God (b).
(a) A state may not forbid speech advocating the use of force or unlawful
conduct unless this advocacy is directed to inciting or producing imminent
lawless action and is likely to incite or produce such action. BRANDENBURG v.
OHIO, 395 U.S. 444 (1969)
(b) (i)- For the terrible one is brought to nought, and the scorner is
consumed, and all that watch for iniquity are cut off:
That make a man an offender for a word, and lay a snare for him that
reproveth in the gate, and turn aside the just for a thing of nought. Is.29:20-21
…and again…
(ii)- Who art thou that judgest another man’s servant? to his own master he
standeth or falleth. Yea, he shall be holden up: for God is able to make him
stand.
One man esteemeth one day above another: another esteemeth every day
alike. Let every man be fully persuaded in his own mind. Is.14:4-5
(What is the difference between poop and shit, pee and piss, heck and hell,
dang and damn, phooey and f…?)
H- According unto Defendant’s religious beliefs, those that have been “turned
over to a reprobate mind” (Ro.1:18-32) are same as those in 2 Thess. (2:11-12)
whom “God sent a strong delusion that they all might be damned.” (If God
damned them, then they are “God-damned”.)
I- Prosecution is fabricating statements that were never made at preliminary
hearing saying,
“… The charges stem from a phone call where the Defendant threatened to
hire n****** from Pittsburgh to take out District Magistrate Louis
Stoughton and have-them burn his place down and then take out the
employees at District Magistrate Kevin O’Donnel’s office.”
J- Defendant never said what was alleged, and the witnesses that testified at
the preliminary hearing never alleged that Defendant said what prosecution is
attempting to add to testimony given underlined above.
K- In light of the Superior Court decision of Commonwealth vs. Lambert (No.
349 WDA 2020) , it is up to the commonwealth to prove before the Court that
the elements required for prosecution are properly presented for a Habeas
Corpus challenge.
L- Defendant refutes the alleged allegations from the preliminary hearing,
refutes the added fabrications of “testimony” newly presented by prosecution
in Line 2 never stated at the preliminary hearing, and challenges the adequacy
of testimony given during preliminary hearing to hold over to trial.
M- Defendant alleges that witnesses lied under Oath, and neglected to
mention Defendant’s spoken allegations against Judge Yeager, Judge
Stoughton, Judge O’Donnell, DA Goldinger, Attorney Mike Zunder, and state
police alleging the following in short surmisings; (when office clerk informed
Defendant that he was being recorded he immediately proceeded to state the
following realizing it was recorded, and wanted it recorded to obtain records
thereof to hold staff and court responsible to act upon such information as is
an officer of the court’s fiduciary duty:)
N- Defendant did mention DM Stoughton as pertaining him beating his wife,
growing pot on his property, permitting raw sewage to leak on his property,
and catching him in his court conspiring with state police ex parte for which
cause he had to recuse himself in a previous case in which Defendant was
charged with trespassing in his own apartment because the apartment was in
his wife’s maiden name.
O- Judge Yeager, (Defendant helped Ms. Goodin file the motions) did
knowingly give a toddler to a drug dealer (Gilbert Smith) that falsified his name
on Cheyenne Goodin’s son’s birth certificate and perjured himself in court
claiming to be the biological father who sexually abused him in spite of Ms.
Goodin’s incessant pleas via court motions to have him removed. (Gilbert
Smith is currently in Butler County Prison on fentanyl, meth, multiple Duis, and
being investigated for the OD deaths of six young girls; and the child that is in
foster care has reported sexual abuse and molestation from foster parents.)
P- Attorney Mike Zunder told Gilbert Smith to claim that he was the
biological father and his office perpetuated this falsehood in Judge Yeager’s
court, Judge Robinson’s court, and DM O’Donnell’s court.
Q- Attorney Zunder would take $1500 cash from defendants such as Dennis
John, and have Driving under DUI charges dropped on multiple occasions in
offices of DM Stoughton, and DM O’Donnell; with no record left thereof with
multiple police agencies including state police.
R- DA Goldinger, did not only conduct himself as did Judge Doerr who slept
with probation officers wives in exchange for advancement with Public
Defender Kerry Starr who resigned and left state to save her marriage; he also
abused the power of his office to let Justin Castilyn (who owns Butler News on
Facebook) off parole early and even pay off his fines in exchange for him
politically attacking Jennifer Vannasdale (which she is suing for and Defendant
is a witness thereto) with false statements to cause her lose her bid for judge
(Castilyn told Defendant this personally as well as others who confirmed he
told them too); DA Goldinger did also charge Castilyn with “theft” for using his
own debit card, and surrender after losing to a $30,000 lawsuit that granted
Castilyn $5000 and Att. Joel Hill $25,000 in legal fees; because case was
dismissed, there is no record. (?)
S- Defendant was also lied to stating that they recorded the verbal exchange
of June 6 for which cause he did not request to have a witness to what he said
present at the preliminary hearing believing that the taped conversation would
be entered into court record as he intended.
T- Prosecution did also engage in fraud upon the court when Defendant was
held for 2 months incarcerated before preliminary hearing for the cause of
obtaining an out of county judge to hear matter, and instead had Judge Seibel
who is a local judge and friends with all of Defendant’s adversaries take the
Bench for the preliminary hearing adjudicating prejudice.
U- Via obvious circumstantial evidence, it is apparent that Prosecutor intended
to utilize Defendant’s protected former speech that disparaged the Chicora
Borough for harassing Christ’s Family Church as munition for the
weaponization of the courts against Defendant to cover up much corruption;
and to shield the county in a conspiratorial ploy from lawsuit for what was
done to that child in that Governor Wolfe removed 11th Amendment
protection against state agencies for such gross negligence.
V- Prosecution’s own added fabrication prove that he is lying in that
Defendant was charged with 4 accounts of simple assault etc…, as was
allegedly committed against the office and staff of DM Stoughton’s office; for
had Defendant supposedly said what prosecution added thereto, he would
have been charged with at least 10 to include DM O’Donnell’s office as well.
W- Appellant also learned from a local pastor that the message Appellant left
on recording machine in May was in their possession as early as September or
October as DM Louis Stoughton was overheard bragging at a gun show about
how they had Appellant on tape. Appellant scratched his head on this until
ADA Zanella provided a false report to visiting judge with the Butler County
detective claiming they “found this new evidence” around February 1. Pure
Corruption and falsifying of facts in documents even!
69- THESE ARE THE EVIDENT SIGNS OF AUTHORITARIANISM!
70- Glade Run Lutheran Services church organization has no Constitutionally
legal authority to invade Appellants privacy, nor do they have the
Constitutional authority to imprison Appellant with threats of incarceration if
he doesn’t pay them.
71- Glade Run Lutheran Services are claiming all moneys they are paid by
County as Tax Deductible Contributions.
https://projects.propublica.org/nonprofits/organizations/250974320
These are the contracts Glade Run Lutheran Services has with the
County, they are being paid by the County in contradiction to 501c3 rules.
https://drive.google.com/file/d/1vxZNYT7c5P8rnJI-kio1g7NJoIVbbd5F/view?usp=sharing
https://drive.google.com/file/d/1YF-fetvXY2hFrbezGwFTpXBR23LZZN2N/view?usp=sharing
Appellant ends this Brief averring the following:
A- Violations of 1st, 4th, 5th, 8th, 13th, and 14th Amendments and conspiracy thereto.
B- Violation of TVPA and RICO and conspiracy thereto.
C- Tax evasion and conspiracy thereto.
D- Violation of Privacy and conspiracy thereto.
E- Unjust enrichment and conspiracy thereto.
F- False Imprisonment
G- Retaliation
73- Butler County Prison did also hold Appellant for three (3) days after bail
was posted. ( Jones v. City of New York)
74- Upon being released from jail three days after bail was posted, Appellant
was re-arrested for stopping at Burger King to use restroom and get a drink as
it was very hot that day and Appellant was walking home from the jail; this was
considered a “violation” of his bail conditions.
75- To further manifest their malice, they then placed him in a cell on which is
used for housing sick heroin addicts, pedophiles, and transgenders with a
federal inmate that was a homosexual with breast implants that slept on the
floor by the toilet.
76- Appellant then after jumping up on the guard’s desk and shouting, “In the
Jesus Christ I bind every unclean spirit and plead the Blood over this
entire range;” was maced and accused of “inciting a riot” and placed in
lockdown.
77- Appellant sat locked in a cell for 40 days before being granted bail hearing.
78- Appellant concludes this Brief with the proceeding Petitions…
PART THREE
Petition and relief sought
79- Appellant has stated and maintains that the false prosecution leveled
against Appellant in state court is malicious and vindictive in nature.
80- Appellant has stated and maintains that the primary cause for this quite
literal authoritarian persecution is to cover up the “sale” of a toddler child to a
man who falsified birth certificate to control a young lady named Cheyenne
Goodin; with judges, DA, Att. Zunder, State Police, and CYS being privy to.
81- Appellant has stated and maintains that the cause of this imposition of
house arrest is politically and financially motivated, is unjust,
un-Constitutional, and a clear conspiracy to “clear” the negligent/malfeasant
conduct of the court and county agencies’ wholesale delivery of a toddler child
to a drug dealer pedophile who perjured himself before the courts with their
indifference thereto.
82- Appellant contends that forcing home imprisonment that he must pay for
after paying for bail upon him as a condition as a release from prison is
inequitable unto the 8th Amendment (for the costs associated are higher than
the bail,) is designed to restrict his freedom of association, restrict his ability
to speak publicly, and as a punishment for his use of speech to expose corrupt
dealings with disastrous consequences for a young mother and her child.
83- Appellant contends that the evidence of what was done to that young
mother and her child are incontrovertible; from the briefs filed in both state
and federal court to the video evidence provided to Butler County agencies
which Appellant himself supplied…
(https://drive.google.com/file/d/1IRbWBk6oAsr-X4UU8Ug8fwgqIe7NGfgF/view?usp=sharing )
…all circumstantial evidence points to the fact that Appellant’s USC 1983
averments are inextricably intertwined with retaliation with the sexual abuse
that occurred in the Commonwealth; predications upon which sovereign
immunity does not exist. (Title 42 section 8522 (B) (10)
(10) Sexual abuse.–Conduct which constitutes an offense enumerated under section 5551(7) (relating to no limitation applicable) if the injuries to the plaintiff were caused by actions or omissions of the Commonwealth party which constitute negligence.
84- Appellant contends that ignorance of the law is not an excuse, and that
Glade Run Lutheran Services are guilty of conspiring with Adult Probation as
well as commissioners as well DA as well as Judge McCune to violate TVPA via
use of a program for which it was not intended; and RICO under the articles of
TVPA as well as tax fraud/evasion.
85- Appellant petitions this Court to review these claims, grant an injunction
stopping this illegal and un-Constitutional activity, and grant a TRIAL BY JURY.
Respectfully,
Matthew P. Dec
215 Campbell Av.
Butler, Pa. 16001
724-679-1512
Thepcpusa@gmail.com