Broadcaster sounds alarm in Florida.
Harder tells RBR-TVBR: "I sued him in Jacksonville Federal Court and the county hired a law firm that plays dirty. Without me understanding, she twisted the case saying that I demanded Sheriff Hunter to arrest the criminals, which a person cannot do. But with her twist she created the myth that I demanded arrest, which is untrue. With that twist she won in Lower Federal Court and it is now in Federal Appeals Court in Atlanta. If I lose, it sets a national precedent any towers can be chopped down with no fear of arrest...If I lose all FCC licensed facilities lose."
He sent us his Court of Appeals filing:
UNITED STATES COURT OF APPEALS
FOR THE 11th CIRCUIT
Charles Harder ) Appeal Number: 13-15027-C
Mark Hunter, Et al. )
Imagine if someone is breaking in your home and you live in the county and call 911 asking for the Sheriff to help and you're told: "Pursuant to the Harder Federal case decision the Sheriff has decided not to answer such calls -- and that is his legal discretion set by new federal case law. But thanks for your tax support. Click"
If your Appellant loses that could be the future. Your appellee by her pleadings will establish new US policy. In all of the arcane irrelevant case law cited by attorney Truckenbrod -- you, your wife, Children and family could lose hope of any law enforcement as that's exactly the decision of the Jacksonville court and her argument and pleadings in this matter with arcane cases. What the Court in Jacksonville legally said is that all my civil rights have been cancelled. This decision if upheld puts the USA back to when nobody had any rights -- taxation without representation.
CLARIFICATION AND CORRECTION
Your Appellant Pro Se and asks the court to examine the Jacksonville file and Appellees Motion To Dismiss at that court and her reply brief and you will not find where I ever asked or demanded Sheriff Hunter to arrest anyone. However opposing counsel did generate that "myth" to get me dismissed without reconsideration and she now hangs her Case and memorandum of law as if I did WHICH IS UNTRUE! Where is any writing or my specific text demanding Sheriff Hunter to arrest anyone? In searching my text database I can only find requests for investigation, law enforcement and/or for help to recover stolen equipment. Thus I ask Lisa M. Truckenbrod, Counsel for Sheriff Hunter, Et. al. to provide the actual text wherein I requested immediate arrest and then each time I repeated such arrest take place? (Saying a person should be arrested if guilty does not constitute a demand for direct arrest.) Guilt for an arrest can only be determined after an investigation by law enforcement which Sheriff
Hunter intentionally declined. Thus Appellee's use and reliance on such case law is not appropriate nor applicable to this case and should be deleted as I never demanded any arrest be made. Therefore citations based on the above "myth" are in error and should be stricken. Further, "old cases" do not speak of the current Florida Sheriff's OATH OF OFFICE or recent Florida law eliminating SOVERIGN IMMUNITY 768.28.
The "myth" that I demanded an arrest put forth by Attorney Truckenbrod is why she was able to have my case dismissed WITH PREJUDICE and not reconsidered by the lower court and is a fraud upon the court which left no option but to appeal. If she prevails with the untrue "myth" she will set a precedent allowing "open season" on the destruction of FCC-licensed facilities such as cutting guy wires on radio towers and cutting down cell phone towers which is happening across the USA.
Many "legacy high power radio stations" have one or two towers and transmit 50,000 watts such as WSB, Atlanta, WSM, Nashville, WABC, New York, WGN. WLS, Chicago, Etc. Once located far from population, recently built subdivisions have arisen near such stations and cell towers -- and many are cut down yearly and vandalized by local people who don't like them.
If this case results in a legal precedent that allows such felonies to go
unpunished then it will turn the USA into a lawless society and could damage vital communications for all. Further, this action currently is allowing a Federally licensed facility to be destroyed without FCC permission and is THE MISPRISON OF A FELONY, 18 US Code Section 4 which I ask this Honorable court to contemplate. The LICENSE to operate this facility is the property of the United States Federal Communication Commission and is not owned by the permit holder but instead use is granted by the FCC to permit holder and the actual license ownership remains the property of the FCC -- use cannot be transferred without specific action approved by the FCC to a new operating party. Thus damage to any FCC licensed facility is a criminal act against the United States government.
I have also attached information of Florida Accreditation which explains how law enforcement agencies are accredited. I have gone to the list of counties and cities and under the first initial "C" for COLUMBIA and you will note Columbia County is NOT listed.
This case may be another reason WHY?
Charles E. Harder, Appellant
MEMORANDUM OF LAW
Attached is the latest version of THE STATE OF FLORIDA SHERIFF'S OATH OF OFFICE. It appears to have changed over the years and thus "old" cases cited by the opposing counsel may have occurred prior to current content and certainly prior to Florida statute 768.28 which is presented in complete form in my previous filings in this matter. Cases from outside Florida do not relate to Florida law or OATH OF OFFICE REQUIREMENTS of Florida and are not "on point." I have also attached US CODE TITLE 18 Sec. 4 MISPRISON OF A FELONY.
It should be contemplated by this court that Sheriff Hunter is paid by taxpayers to UPHOLD ALL LAWS and not the cases he chooses. If he is allowed to INTENTIONALLY DEPRIVE DUE PROCESS then taxpayers are being cheated as they do not receive protection they are taxed and pay for. In the case of ELDER ABUSE such lack of law enforcement is egregious and that law allows punitive damages as allowed by the court or jury. (Complete text filed earlier.) This case would not have had to go to court in other counties of Florida as Sheriff's in other counties are accredited which Columbia County is not. I have spoken with Sheriff Reid of Hamilton County where I used to reside who openly agreed with me he would have investigated the matter thoroughly.
In past years the Sheriff of Hamilton County and local law enforcement prosecuted many cases we or I brought to them.
Charles E. Harder, Pro Se
FACTS OF THE CASE (RE: 13-15027-C)
Two men broke into our fenced and locked FCC licensed satellite KU band video
and audio satellite uplink site -- licensed to cover A' of planet Earth and stole over
$200,000.00 of transmission and video operations control room equipment and
three state of the art video and audio editing computers. Also stolen were 3,000
AM/FM/Short-wave radios with resale value of $60,000.00 for all. They also
prepared documents and forged my signature and notary stamp which Florida
Notary Mrs. Hope Mott told the Sheriff that they were forgeries and proved as the
date at the top of the forged page they made contained the date of an actual
document that was provided for airline tickets two years earlier. Gregory Potts is
a computer genius and we can provide animations he made with his computer
with his voice. For him to "Photoshop" documents was no problem. However he
failed to delete the actual date of the document he used to forge my signature. As Mr. Potts is a CPA, he knew from earlier discussions that if a sale occurred I would have to sign and notarize a bill of sale pursuant to Florida Bulk Sales Law and that did not occur. No such sale was filed at the County of Columbia offices nor were any fees or taxes paid -- no sale existed. Thus he stole the equipment that under oath in a replevin hearing by our Lake City attorney Lloyd Peterson took in Judge Johnson's circuit court he admitted taking the equipment but has failed to provide any supporting documents giving him any right to take what he stole and he is currently being cited for CONTEMPT OF COURT by Lloyd Peterson.
Sheriff Hunter was notified of the thefts and elder abuse and INTENTIONALLY
REFUSED ANY INVESTIGATION. Thus with no other option as the replevin case began a slow process I sued Columbia County Commissioners who pay the Sheriff about ten million dollars a year to operate and when notified -- could have asked him to investigate which they declined and thus Sheriff Hunter who also intentionally declined due process was also cited as defendant.
( Note: I was not aware of "Intentional failure to provide due process under 5th and 14th constitutional amendments until after the Jacksonville case was DISMISSED WITH PREJUDICE. See case
Columbia County employed the law firm of Jolly and Peterson of Tallahassee,
Florida to defend them and Sheriff Hunter. Firm attorney Lisa M. Truckenbrod is
most aggressive and wrote a motion to dismiss the Jacksonville federal case by
fraudulently stating with supporting law from other states and an old Florida case
that said a lay person such as I could not force law enforcement to make any arrest that would only benefit me. Further old law cases prior in other state precedents she used provided that provided that law enforcement officers had discretion in which cases they prosecuted and had my Jacksonville case dismissed as if I had demanded an arrest WHICH IS A LIE AND A FRAUD UPON THE COURT. The Jacksonville Federal Judge Corrigan wrote a decision that dismissed my case with Prejudice and essential stated I had no civil rights as provided in US Code Title 42 sec. 1983 or 5th and 14th. Although I NEVER DEMANDED AN ARREST she lied to the court by using precedents that prohibit such a demand. Although the current Florida Sheriff Oath of Office does not provide for such discretion as to what law the Sheriff would enforce -- she got around that with the lie that I demanded arrest.
Not being an attorney I did not realize that until an attorney read the case and
informed me of how she twisted the case and precedents -- further that the Sheriff
had INTENTIONALLY DENIED DUE PROCESS. Several memoranda of law
regarding such due process denial are in my opening and supplemental briefs.
Further, she had the lower court believe I demanded an arrest which is a lie.
If I lose this case then Federal precedents could result as:
1. Law enforcement can decide what matters they will respond to.
2. Any person destroying any FCC licensed facility such as AM and FM radio and TV stations, cell phone towers, fiber optic or other cable, satellite uplinks
Cable TV head-ends and all such facilities would not necessarily be prosecuted.
3. Any civil rights of citizens are extinguished by this case.
4. Taxation without any representation is now legal.
5. With rights extinguished citizens cannot relay on law enforcement or
any law enforcement protection.
Last, this case was brought to the attention of the FLORIDA DEPARTMENT OF
LAW ENFORCEMENT (FDLE) who asked Sheriff Hunter to investigate which he declined. Further, Sheriff Hunter is not accredited by the FDLE as others are.
Charles E. Harder, Pro Se
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|Publication:||Radio and Television Business Report (RBR+TVBR)|
|Date:||Mar 3, 2014|
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