The Prosecutor Marietta Parker has filed the 7th motion in the Neighbors criminal case to revoke the defendants bond. This motion to have this defendant incarcerated is not because the defendant is a danger to society, it is not because he has comitted a crime. It is because he sent out an email with information in the email in a case that is a matter of public record. This email was not a public blog, it was a request to specific agencies that provide Government oversight. Requesting that these Agencies with oversight investigate the actions of the Government, which he believes is repeatedly violating his constitutional rights.
Based on the complaint by the Prosecutor that the Neighbors Public blogging about issues of misconduct in their case was scaring off the witnesses and interferring with the officers abiltiy to do their jobs. Magistrate Judge James O'Hara court ordered the Neighbors not to blog or discuss their case on the internet. How can this court order even be constitutional in a case that has not been sealed by the court?
As a matter of law, all criminal cases not filed under seal are a matter of public record. So why would the Neighbors criminal case need to be a secret? why would the law regarding public records be considered different in the Neighbors case?
Is it not the right of every American to be considered innocent until proven guilty? Is it not the right of every American to request the oversight by Agencies or to request the investigation of Government officials which the person believes has violated the law or their constitutional rights? If there has been no violation by the Government then there would be no problem!
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