A Government Out of Control

Posted by admin | Uncategorized | Thursday 2 July 2009 5:27 pm

governmentcontrolPardon the lengthy excerpt, but I can’t help it. I wanted to get the story correct. I wanted to make sure there was no embellishing in the translation of my telling of what happened to Krister Evertson. It is scary that self-important prosecutors and judges can take creative understanding of the law to new heights. The following is from a story by Brian Walsh – FOXNews.com – July 21, 2009, who is a senior Legal Research Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation.

“Krister Evertson, who will testify at today’s hearing. Krister never had so much as a traffic ticket before he was run off the road near his mother’s home in Wasilla, Alaska, by SWAT-armored federal agents in large black SUVs training automatic weapons on him.

Evertson, who had been working on clean-energy fuel cells since he was in high school, had no idea what he’d done wrong. It turned out that when he legally sold some sodium (part of his fuel-cell materials) to raise cash, he forgot to put a federally mandated safety sticker on the UPS package he sent to the lawful purchaser.

Krister’s lack of a criminal record did nothing to prevent federal agents from ransacking his mother’s home in their search for evidence on this oh-so-dangerous criminal.

The good news is that a federal jury in Alaska acquitted Krister of all charges. The jurors saw through the charges and realized that Krister had done nothing wrong.

The bad news, however, is that the feds apparently had it in for Krister. Federal criminal law is so broad that it gave prosecutors a convenient vehicle to use to get their man.

Two years after arresting him, the feds brought an entirely new criminal prosecution against Krister on entirely new grounds. They used the fact that before Krister moved back to Wasilla to care for his 80-year-old mother, he had safely and securely stored all of his fuel-cell materials in Salmon, Idaho.

According to the government, when Krister was in jail in Alaska due to the first unjust charges, he had “abandoned” his fuel-cell materials in Idaho. Unfortunately for Krister, federal lawmakers had included in the Resource Recovery and Conservation Act a provision making it a crime to abandon “hazardous waste.” According to the trial judge, the law didn’t require prosecutors to prove that Krister had intended to abandon the materials (he hadn’t) or that they were waste at all — in reality, they were quite valuable and properly stored away for future use.

With such a broad law, the second jury didn’t have much of a choice, and it convicted him. He spent almost two years locked up with real criminals in a federal prison. After he testifies today, he will have to return to his halfway house in Idaho and serve another week before he is released.”

While these kinds of injustices are happening more in the US judicial system, I have to appreciated the bipartisan hearing being conducted by Reps. Bobby Scott (D-Va.) and Louie Gohmert (R-Texas) in a hope to start rooting out absurd federal laws and the criminalization of law abiding citizens.

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