From the August 2003 Idaho Observer:
2nd Amendment challenge ends in a draw, sort of -- for now
Denver businessman accepts electronic shackle, fine; lives to fight another day
Rick Stanley, Constitutional Activist, former U.S. Senate candidate, enemy of the state, and self avowed extremist on the order of our forefathers of America, is one of the most dedicated, happy and well-adjusted soldiers for truth, justice and the American way this country has ever produced. Almost a year ago, Stanley, owner of Stanley Fasterners and Shop Supply in Denver, was charged with carrying an unconcealed firearm. He used this case to orchestrate a 2nd Amendment challenge that was accepted by the county of Denver. Though the Colorado District Federal Court denied Stanley's petition to remove the instant case to federal court, Stanley's vows his conviction, as described below, will be challenged all the way to the Supreme Court.
DENVER, August 14, 2003 -- Rick Stanley was ordered to court today at 8:30 a.m. in Denver County Court with an order to appear for sentencing. Stanley was convicted last year for openly wearing a weapon.
A previous order to appear at a hearing set for June 26, 2003, was quietly brushed off as a clerical error and vacated by Judge Patterson, as was the Bench Warrant he issued for Stanley when Stanley refused to appear June 26.
Stanley believes Judge Patterson was wiling to correct his procedural errors to placate his new boss Mayor John Hickenlooper who was inaugurated July 21.
The mayor appoints municipal and county judges in Denver. The threat of a Mutual Defense Pact militia action should Stanley's rights continue to be vlagrantly violated was imminent and could result in Denver being put in the spotlight for judicial and police abuse activists across the country. Over 600 armed defenders were preparing to come to Denver should Stanley have been attacked by any unconstitutional threat to his person (see www.stanley2002.org).
SWAT exercise at Stanley
A practice demonstration by the city of Denver that included a Swat team truck, two fire ladder trucks, one ambulance, and three police vehicles was held at 4:45 p.m. July 17, 2003, at Stanley's business at 6280 E. 39th Ave. in Denver.
Upon arrival of the assault team, power was cut off to Stanley's 22,000 square foot building and an employee was prevented from leaving. Curiously, within 10 minutes of arriving with sirens blaring and police blocking traffic in front of the business, the assault team abruptly drove off in silence; the employee was allowed to leave and power was restored.
The next day, Judge Patterson signed an order on July 18, 2003, vacating the June 26 hearing that had triggered the bench warrant, which also prompted an armed and dangerous report to be filed in Stanley's case to warrant the assault team. Stanley also learned that he has been under investigation by the FBI.
Stanley speculated that the FBI was investigating and recording phone conversations and emails because of his Million Gun March Petition and Mutual Defense Pact Militia, which can be found at Stanley's Constitutional Activism website: www.stanley2002.org.
The new mayor, John Hickenlooper, was installed on the next business day of Monday, July 21, 2003 and probably was responsible for the cooler heads prevailing by doing the right thing by Stanley. This consequently spurred an Internal Affairs investigation for the Denver Police Department with David Quinones questioning Stanley as to how he came into the possession of the interdepartment memo, detailing the Armed and Dangerous report and the FBI information of their investigation.
Stanley declined to comment, but did say that no Denver Police employee gave him the report, clearing several Denver Police officers from any wrongdoing. Stanley said that he was pleased by the decision of the judge to vacate the hearing and bench warrant as Stanley and Denver police officers lives were needlessly put in danger by the unlawful actions of Judge Patterson and his unlawful calling of the original hearing and subsequent unlawful bench warrant for Stanley's arrest.
At the Aug. 14 hearing Judge Patterson ignored the fact that the case is back on appeal at the Denver District court, and the filing had not been acted upon by that court at the time of the hearing. Judge Patterson violated the Colorado Rules of Procedure by ignoring this filing and imposing sentence upon Stanley.
In addition, Mr. Stanley had filed a VERIFIED EMERGENCY MOTION TO ENJOIN DENVER COUNTY COURT FROM FURTHER PROCEEDINGS UNDER RULE 65 F.R.Civ.P. and an EMERGENCY MOTION FOR REMOVAL PURSUANT TO 28 USC 1443 and COMPLAINT WITH SUPPORTING MOTION FOR INJUNCTIVE RELIEF regarding this misdemeanor criminal action, in Denver District Federal Court the day before.
As of the hearing in Judge Patterson's courtroom, no ruling had been made by the federal court, but Judge Patterson proceeded with the sentencing.
Stanley was sentenced to serve 30 day home detention with ankle bracelet, pay a $629 fine and court costs and 75 hours community restitution. Judge Patterson ordered Stanley to report immediately to arrange his community service or he would impose a 6-month jail sentence immediately.
Stanley was followed by three sheriffs deputies at all locations in the courthouse after sentencing. While paying his fine and arranging to have his $2,500 bond returned, Stanley was summoned back to the court for an additional hearing.
Stanley was threatened again by Judge Patterson with a 6-month jail sentence instead of the other sentence if he did not sign a new form with whatever Judge Patterson decided to put on it.
Judge Patterson was very upset that his clerk had crossed off the following sentence from the form that Stanley must agree to and sign or face 6 months in jail:
Important Notice: Having been granted probation you may be required to participate in a treatment or education program. Any costs resulting from that treatment are your responsibility.
Stanley then pointed out that Judge Patterson had not imposed this upon Stanley at the sentencing hearing, nor had it been mentioned in the order for initiation for sentencing hearing, that had preceded the new hearing. Stanley also pointed out that he was uncomfortable with any treatments the city might decide to give him, either medically or physically and would not sign away this right.
Judge Patterson said Stanley must sign and agree to anything he puts on the signature form or Stanley will go to jail immediately for 6 months.
Stanley said nothing for about 15 seconds, and the judge lost control and told the deputies to get him to sign the form or take him to jail.
Stanley voluntarily walked to the clerk, picked up three identical forms, signed all three and handed them all back to the clerk.
The clerk returned two of the forms to Stanley with instructions as to how he can comply with the Judges new instructions.
Stanley smiled at the clerk, thanked her and wished her well, then left the courtroom.
Note: The entire odyssey of Stanley's 2nd Amendment challenge is memorialized at www.stanley2002.org. Through his site you can learn about his Million Gun March, the Mutual Defense Pact and several other proactive measures this committed American has put in motion.
Through his website one can also sign up for the Stanley Scoop -- a sometimes daily digest of information that is of tremendous interest and importance to pro-American activists.
Stanley's case has brought to light some issues he plans to take to the Supreme Court.
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