Former Marion County Sheriff Jack Utterback Arrested for Challenging Jurisdiction

Prineville, Crook County, Oregon - On Tuesday, March 2, 2004 Former Marion County Sheriff Jack Utterback and his wife Dixie appeared in the Crook County Courtroom of Judge DANIEL AHERN. The Utterbacks had been ordered to appear to stand trial for numerous zoning code violations. The ordeal the Utterbacks have endured at the hands of an arrogant and abusive county was described by the Utterbacks when they appeared February 24, 2004 before a Special Grand Jury reconvened by former attorney and public prosecutor Roger Weidner to investigate the wide spread corruption in the Oregon court system.

In their February 24, 2004 appearance before the Special Grand Jury the Utterbacks described how they had been attacked and lost land patented property in l997 in Crook County. They said they moved there for their retirement and have not had a peaceful moment since moving there. That they have been harassed, lied about, so stressed as to cause near nervous breakdowns, accused of "violating zoning rules". They described how when they bought their property it was inspected, no problems, years went by, suddenly 6 counts of zoning violations.

They were arrested, the court brought false judgements. At one point a judge called off the jury trial saying "the jury would not understand adverse posession". Utterbacks described how they had been denied everything in the courts, how they were compared publicly to David Koresh for having church meetings at their home, slandered, colluded with the power company to try to have their electricity shut off, reports created with falsified information. Utterback said there were 136 Supreme Court rulings on the allodial title on their land being intentionally ignored by the courts. Utterback said they have in writing from the Oregon Tax Court judge that "no doubt you have superior title with your land patent". Yet the court has not acknowledged that superior claim.

The sworn testimony of corruption and abuse given by Weidner, and the other victims of state abuse described deep seated corruption in not only the court system but in all of state government as well. The statements by those testifying at the Special Grand Jury appeared on A Voice for Children and Roger Weidner's Home Page, under "Federal Judge Hogan Hears Grand Jury".

After the February 24 hearing, Jack Utterback, his wife Dixie and Roger Weidner and Jamie Jackson went to Oregon Chief Justice Wallace Carsons office in the Oregon Supreme Court Building to meet with him again about the severe corruption problem in the Oregon court system. Jack Utterback told those with him that he had gone to gradeschool with Judge Carson and knew him when he was Marion County Sheriff and Carson was in private law practice. Judge Carsons assistant "Sandy" politely told Utterback and the group that Judge Carson was "tied up" and could not meet with them.

Two days later on February 27, 2004 Pamela and Will Gaston and Roger Weidner appeared before the Oregon Law Commission, whose members included Judge Carson and Atty. Gen. Hardy Meyers, and presented them all with the story appearing on this website about the convening of the sworn Special Grand Jury on February 24, 2004 and the undisputed sworn testimony of those appearing before that Special Grand Jury about the widespread corruption in the Oregon court system and state government in general. None of the members of the Law Commission, including Carson or Meyers, challenged or otherwise questioned the truthfulness of what Weidner was telling.

Before the March 2, 2004 hearing in Prinevile, on March 1, 2004 at 5pm, Utterback, Weidner and Will Gaston were, after repeated request, able to meet outside the Prineville Police Department with Under Sheriff Jim Hensley. Weidner explained to Hensley that he was a former public prosecutor who has been fighting the corruption in the Oregon court system for years. Weidner told Hensley that the judges openly admit that their courts are not, as required by the Oregon constitution and their "oath of office" courts of constitutional "due process" but instead "quasi-judicial administrative proceedings". This is the precise characterization of the courts taken directly out of an opinion by the State of Oregon Jusctice Department Weidner told Hensley that he and thousands of other outraged citizens are determined to restore constitutional government to the citizens of Oregon. Hensley was pleasant and understanding as Weidner explained the current court corruption problem to him, namely that people were, and still are, having their children, land and other property shamelessly stripped from them by corrupt judges in "sham" often "star chamber" type proceedings devoid of even a semblance of constitutionally guaranteed "due process" of law. Hensley listened respectfully as Weidner explained to him the nature of the problem and that the citizens will not and cannot allowed the corruption to continue.

The Utterbacks entered the courtroom with 7 supporters including Weidner, Gaston, Patricia Wishon, Jason Wheeler, Tony Martin and Wishon's sister and husband. Weidner told everyone to remain standing until the judge came in so there would be no voluntary public acknowledgement when Judge Ahern entered the room. While standing Weidner obtained the name of Dep. DA RAMEY and court guards Sgt RUSS WRIGHT and Under Sheriff HENSLEY. When Judge Ahern entered the room only Ramey moved, as he was the only person not standing when Ahern entered the court. Ahern in a stern orderly way read the Utterback case number into the record. Dixie and Jack stepped forward and she informed Ahern that Jack was hard of hearing and she would be speaking.

Dixie Utterback then at the prompting of Weidner read into the record the information in the Special Appearance document that she had filed the night before with the court. Utterback read Supreme Court case law that states if the jurisdiction is challenged in court all proceedings must cease until jurisdiction is established. Utterback said it was not a lawful court if the jurisdiction could not be stated. She and Jack then said they were leaving the court.

Immediately Ahern, his mode and deameanor shifting noticeably to being openly confrontational said in a cold threatening manner "if you leave this courtroom you will be arrested for contempt". Weidner said: "if you arrest one of us you will have to arrest all of us". Ahern said he was only going to arrest the Utterback's.

Dixie, defiantly with rightous indignation said "they arrested my Lord for standing up to evil, so they can arrest me too for I am standing against this evil". She was arrested by Under Sheriff Hensley immediately as she walked through the door. Weidner confronted Ahern on the bench about his outrageous treatment of the Utterbacks, Weidner told Ahern that he has repeatedly talked to Judge Carson about the corruption problem in the Oregon court system and was told by Carson, during a December 12, 2003 meeting at the State Capitol, during a break in the Oregon Law Commission meeting to "keep up the good work". Weidner also told Ahern that the citizens are demanding a restoration of constitutional courts and government in Oregon. Weidner told Ahern that he and others across the state are prepared to take whatever steps necessary to see that the judges observe their oath of office and conduct fair and impartial hearings where the citizens constitutional rights are observed at all times by the judges. Ahern did not respond to what Weidner said to him. Instead Ahern sat expressionless with a blank look on his face.

Jack Utterback, still standing inside the courtroom said he did not want to be arrested. Dixie said "Come on, Jack". Will Gaston said "I rise under the authority of Amicus Curiae" and approached the bench unimpeded. Gaston handed judge Ahern a pamphlet called "Vultures" containing the research in Oregon about a court system in which judges do not have lawful oaths or jurisdiction. Gaston said "I am filing this into the record of this hearing". (Vultures pamphlet link at end of article)

Jack Utterback was immediately arrested by Dep. Wright and another officer as he left the courtroom. Court watcher Wishon, while she stood watching, openly condemned the deputies for their "police state tactics". As Jack and Dixie were being arrested, 4 other deputies were found hiding by Gaston and Weidner behind a door leading upstairs.

Weidner and Patricia Wishon and Jason Wheeler followed the four deputies as they led the Utterbacks from the Courthouse to the Prineville City Jail. Sgt Wright and the other Sheriff Deputies present looked obviously embarrassed and red faced after taking the Utterbacks to jail. We encourage people to contact the judge Ahern at the Crook County Courthouse, about his outrageous "police state" treatment of the Utterbacks and demand their immediate release.

Weidner said he would be filing a Habeas Writ into the Oregon Supreme Court the day after their arrest to enforce their release. When Weidner asked Sgt. Wright how long the Utterbacks could be held he was told six month. Weidner notified A Voice For Children that he personally called "Sandy" Judge Carson's chief staff at 2:30pm on March 2, 2004 and that the Utterbacks were released at 4:30 pm that same day. Weidner told A Voice for Children again "When the government fears the people you have liberty, When the people fear the government you have

Swindled elderly pair forced from their home

The war hero and his wife, who also lost thousands in what they said was an investment scam, are removed by sheriff's deputies

03/27/04

by ESMERALDA BERMUDEZ

BEAVERTON -- Two years after a war hero and his wife discovered they had been swindled out of more than $80,000 by their accountant, the elderly couple have lost their $1 million home and are moving into a mobile home.

Washington County sheriff's deputies removed Ken and Trudy Reusser on March 19 after the couple were unable to pay for the home, which sits on land that once belong to Ken Reusser's grandfather. The couple also have said they were victims of an earlier investment scam that cost them $262,500.

"We thought we could retire there and have the kids come visit," said Trudy Reusser on Friday from her neighbor's home, where she and her husband have been staying. "Now we're strapped like a young couple starting out in life."

The couple said they owed about $800,000 on the house, in the 17300 block of Southwest Reusser Court, to Washington Mutual.

Trudy, 65, and Ken, 84, a retired Marine Corps pilot who was awarded the Purple Heart five times and the Navy Cross twice, said they trusted Robert E. Thomas, their accountant, to care for their finances. Instead, he took checks from their checkbook, wrote them to himself and deposited them in his accounts.

Thomas was sentenced in May 2003 to a year in jail. He pleaded guilty to four counts of first-degree aggravated theft and one count of first-degree forgery exceeding $10,000.

The couple filed a civil lawsuit against Thomas and Washington Mutual, which the couple said made it easy for Thomas to forge the checks.

The Reussers have tried to recover their money from the bank, but because they missed a 30-day deadline to file the complaint, Washington Mutual could not help.

The Reussers said they tried to sell the home, but Washington Mutual told them if they did not drop the lawsuit against the bank, it would block the sale.

Olivia Riley, a spokeswoman for Washington Mutual, released a statement that said:

"While Mr. Reusser's situation is unfortunate, it is not of our company's making. Mr. Reusser has raised various claims against our company in several court cases. Because he was not satisfied with the court ruling, he has elected to appeal some of these decisions."

Three years ago, the Reussers said they lost $262,500 in a high-yield investment they learned about from friends. That, along with the $83,383 they lost to Thomas, forced them to file for bankruptcy in August.

The sheriff's office said it was not aware of the earlier investment loss.

On March 19, Trudy Reusser said six armed sheriff's deputies broke down the door of her home, searched the house and asked her to pack her belongings and leave within an hour. Two of the deputies drew guns, she said.

Rick LaManna, a sheriff's office spokesman, said three officers entered the home, one with his gun drawn. Reusser's husband was not home at the time but returned as she was finishing packing.

A news release from the Washington County Sheriff's Office said deputies forced their way into the home because the Reussers did not leave as instructed by the court order, which had been posted since March 8..

When deputies knocked on the door, they saw a man inside, but he did not open it.

"We didn't want to take our chances," said LaManna, who was present during the removal. "It's a terrible and difficult situation . . . but you're caught between a rock and hard place. You have to do your duty."

LaManna said deputies were not sure whether the couple could have had supporters on the one-acre property who might have become violent against police.

The Reussers will relocate to a mobile home outside of Newberg on Sunday.

The temporary home is being provided by state Sen. Gary George, R-Newberg, who is launching an effort to help the couple. George, other politicians, veterans, bikers and Washington County sheriff's deputies will help the Reussers move.