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Man Charged with 'Obstruction of Justice' in Georgia For Refusing Illegal ID Demand Wins, Has Criminal Case Dismissed By Witless Prosecutors

Martin Hill

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Feb. 25, 2015

I am taking a sabbatical but this case is one I have worked on with my friend Kenny Capell for a year now so I thought it was very important to share the news of this victory for liberty. Kenny was charged with a criminal offense of 'obstructon of justice' in Georgia after he refused to show his ID to a corrupt police officer last April 15th. The officer had no probable cause to demand ID, so Kenny refused to show it on principle. Kenny is a truck driver who drives team with his wife and was sleeping in the sleeper berth of his commercial truck when his wife was driving. The officer illegally woke Kenny when his wife pulled into a weigh station, and demanded his ID. This same maniac female cop had pulled the same thing on Kenny and his wife a month prior. But this time, when Kenny refused to show the cop his ID since she had no probable cause, he was arrested, handcuffed, jailed and kept in a cage until he was bailed out twelve hours later.

Kenny's trial was originally scheduled August 11, 2014. Then the prosecutor made up some excuse and delayed it until October 10. When October came around, the prosecutor delayed it again until December 8. Then the prosecutor delayed it yet again. This psychotic criminal posing as a prosecutor obviously has real problems. For some reason, the so-called prosecutor did not seem to want this case to go to court. Kenny had also sent a Freedom Of Information Act Request to the Georgia Dept. of Public Safety on 4/24/14 demanding any and all audio/video of his arrest, which occurred on 4/15/14. The GA DPS replied back and claimed that no video existed. However, Kenny had also filed a police misconduct complaint and the internal affairs investigator had acknowledged thatthere is indeed a video of his arrest and the investigator had seen it. Since it is not a crime to refuse a warrantless demand for ID, that is probably why this criminal prosecutor was so afraid to take this case to court. Kenny notified me yesterday that the GA prosecutor has dismissed his case instead of going to trial.

Here is Martin Hill's official statement on the matter of Kenny Capell's case from DontWakeMeUp.org.:

"The Georgia prosecutor didn't go through with Kenny Capell's criminal prosecution because they knew they didn't have a leg to stand on and they were going to lose. Ideally, officer Leigh A. Parsons of GA would be personally liable for the civil damages to Kenny. This would make officers in general think twice about doing such things if they were held personally liable instead of the taxpayers footing the bill.

It is not insignificant that the GA DPS lied and claimed that no video of Kenny's arrest existed, when in reality the internal affairs investigator admitted to Kenny that not only does the video exist, but he has viewed it. This is the sort of evil corruption that plagues society today. "Thou shalt not bear false witness" is one of God's Sacred Commandments and I do not take violating this, under the guise of a badge or the state, lightly. This is and always has been a moral issue. I am glad that state and federal government agencies visit my site regularly. These rogue agencies need to be admonished, to "Admonish the sinner," which is one of the Spiritual Works of Mercy.

Yes I have a lot of anger over this type of injustice but its a righteous anger. I am not "detached" from these issues because I understand all the hardships, financial loss, stress and burden which they placed on Kenny and his entire family, burdening them still for a year and now however long it takes for him to find recourse.

It is so evil on so many levels it makes me sick. This is not trivial. All for a very kind family who simply wanted to work hard and earn a living in America, the supposed land of the free. We prayed yesterday morning thanking GOD in Jesus name that this threat of jail and fines has been lifted from the Capell family. Thank you very much for your support of Kenny and myself in this matter."

CONGRATULATIONS Kenny, it took some guts to do this realizing that you would face arrest and all the inconveniences that accompanied that. But some things are worth fighting for and resisting the police state and compulsory, blatantly illegal ID checks is one of them.

We will keep you posted on this story. I hope Kenny sues the pants off these rotten filthy immoral pigs for his illegal arrest.

By the way- a represenative from OOIDA, 'Owner Operator Independent Drivers Association,' which portrays itself as a group defending truckers rights, actually folded like a wet suit and told Kenny to plead guilty last year even though he had committed no crime. Kenny had contacted them for help. He does not think too highly of them and neither do I. This same person from OOIDA told me on the phone last year that he wanted nothing to do with me or my website dontwakemeup.org. Apparently we were too 'radical' for the prissy group, and they didn't like the original story I did on this matter in which I wrote that the Georgia police officer who arrested Kenny, Leigh A. Parsons, Badge # 7554, knew exactly who Kenny and his wife were "and simply insisted on her sadistic enjoyment of what she views as her 'power.' She is a disgusting disgrace and should be fired, arrested, and sued."

James P. Lamb, on the other hand, who is Chairman of the Small Business in Transportation Coalition (SBTC) [smalltransportation.org] has stood by Kenny from the start and even volunteered to travel from Florida to GA to testify for Capell as an expert witness in the trial. As we reported last September, Mr. Lamb is a former New York Department of Transportation (DOT) Motor Carrier Investigator and Federal Level Three Commercial Truck Inspector, who was "astonished to hear stories of how local law enforcement officers routinely wake up interstate drivers who are engaged in Federally-mandated rest under the Hours of Service (HOS) section." Lamb called on law enforcement agencies to practice community oriented policing, and calling for "rogue law enforcement officers" who willingly violate people's rights to be "held accountable for such violations as matters of law and justice." Lamb and his SBTC organization held a meeting with the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation Federal Highway Administration (FHWA) in Washington, D.C. last August. [See Former DOT Motor Carrier Investigator/Federal Inspector Decries "Rouge Officers" Engaged In "Abuse of Power" 9/2/14.] Mr. Lamb is a rare man of integrity who is willing to stand up for what's right; and we salute him.

 

James Lamb even filed an SBTC open letter of complaint in the Capell matter to the U.S. Dept of Justice for review by the DOT officials. It is published publicly at: stopwakingtruckers.org. In the complaint, Lamb also wrote

"We note a similar incident highlighted on the website www.dontwakemeup.org involving trucker Martin Hill resulted in a Federal Civil Rights Lawsuit, a complaint to your Department, and an admission of impropriety from the Texas law enforcement agency involved. Perhaps an internal affairs investigation is also warranted in this instance."

Mr. Lamb joined Kenny Capell and Martin Hill of DontWakeMeUp.org for a radio interview last August on the truth about trucking radio show to discuss these issues. The episode can be heard here.

 

Check Out Legal Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio with Ask The Trucker "LIVE" w/Allen Smith on BlogTalkRadio

Below is the original story we did on this matter and a video interview I conducted with Kenny (along with his dog Lady) at his home in the hills of Tennessee last summer.

CONTINUE READING......VIEW ALL VIDEOS

http://libertyfight.com/2015/Kenny_Capell_charged_obstruction_refuse_illegal_ID_case_dismissed.html