The Arrest of Mr. Avera

Salem, Oregon

September 30, 1999

Marion County Courthouse

Testimony - Termination of Parental Rights Hearing

[Stated in open court, on the record, and recorded, before some two dozen witnesses, by Wilbur P Gaston]

I wish to make a statement.

Please, tell me this - is this a court? Thank you.

Is this a court of record? Thank you.

Are you a judge? Thank you very much.....

For the record, since this is a court of record and you are a judge, I wish to report a felony.

If I don't, I shall be subject to fines and imprisonment under federal laws. Under Title 18, USC, Sec 4, I wish to report to the court that you, sir, have committed trespass of treason of the Constitution, by you denying us access to said Constitutions, denying us the rights protected by the Constitutions Article 3, Section 3, clause 1....

You are guilty of Depriving a free, white man, State Citizen of Constitutional Rights of ORIGINAL Article 7 of the Oregon Constitution; where "in all controversies a trial by jury must be preserved."

By obstructing justice with bias and prejudice to protect yourself, the STATE OF OREGON and fellow bar members from criminal exposure;

By failing to protect a child while being kept in unlawful STATE incarceration, criminally abusing, aiding abd abetting child sexual abuse and conspiring with other STATE OF OREGON agents and authorities to destroy my daughter and my family;

By conducting a court of unknown unConstitutional jurisdiction, using Statutes against a free, innocent State Citizen; using unconstitutional 419 "juvenile code" statutes to deprive me of my inviolate rights. You cannot regulate a human being.

By conducting a court, to quote you "you are in juvenile court - there are no charges, there are no defendants, there are no juries" and to proceed against an actual parent, and sever the natural bond of the family body, having never charged me with a crime or convicted me of a crime, us an unconcionable violation of my due process of Law.

Your authority for this proceeding does not exist.

By allowing the STATE to prevail with complete disregard for undisputed court testimony - sworn confessions and a jury verdict that you are, along with other judges, committing fraud and treason in open court against the Citizens of the State of Oregon, as well as my daughter and myself.

By using hearsay and previously discredited reports and witnesses whose lies were dismissed in open court in November, 1996, when the case was exposed as lies and fraud, and the original petitions were dismissed.

By refusing to uphold the sobpoenas of Dep District Attorney William Howell, whose fraudulent, malicious, discredited, dismissed petitions have been holding Melissa for three years unlawfully.

You have refused to uphold your oat the the Constitution and have intentionally and maliciously deprived me of fundamental rights and liberties guaranteed by the Constitution to be free from excessive government intervention and criminal STATE abuse.

By refusing to answe all questions as to venue and jurisdiction. I cannot defend myself if I do not knwo what venue and jurisdiction I am in, and you refuse to make that clear to me. Jurisdiction has been challenged, and what the court does beyond this point is void if you continue, and you cannot clawfully proceed. You are beyond the ninety day limit in ORS 1.050 that you must answer questions before the court within ninety days or give written reason for the delay, which has not happened. You refused to answer and tried to dismiss my motion, and therer are mandated prison sentences for failure to answer or if you try to fabricate a document to appear that you have filed for an extension. You will answer to the people.

[At this point, Pamela Gaston rose and spoke:

"My name is Pamela Gaston, and I concur that this judge is guilty of trespass of treason of the constitution."

Immediately following, I rose and spoke:

"My name is Neal Feldman, and I concur that this judge is guilty of trespass of treason of the constitution."]

[Mr Gaston turned to the Bailiff of the court]

You have more than two people in open court under the Constitution of the US concurring treason - you have no choice - you must remove this man from the bench... you do have handcuffs, don't you? You refuse?

Title 18, Section 4, US Code, is MISPRISON OF A FELONY - as the bailiff you are now as guilty as he is...

Are there any attorneys present in the room?

[Mr Gaston speaks directly to several of the attorneys present at the opposing table against him]

You are just as guilty of the same crime because you failed to stop this man from committing trespass of treason and misprison of felony to the constitutions.

"Who ever having knowledge of the actual commission of a felony, cognizable by a court of the United States, conceals and does not as soon as possible make known to some judge or other person in civil or military authority under the United States, is guilty of the federal crime of misprison of felony" 18 United States Code, Sec. 4.

[Again to the Bailiff of the court Mr Gaston speaks]

Will you interfere if I perform a citizen's arrest on this man? I will not subject myself to be arrested performing a citizen's arrest, as is my constitutional right, but on the record, in open court, I am placing Mr Avera under citizen's arrest for the crimes of trespass of Treason and Misprison of Felony, here before God and my fellow State Citizens of the Republic of Oregon.

[Mr Gaston raises his voice - hence the caps]

I WILL NOT PARTICIPATE IN A COURT OF NO DUE PROCESS AND WILL NOT ALLOW MY RIGHTS TO BE FURTHER VIOLATED. THIS IS NOT A COURT OF LAW, NO CONSTITUTION, ONLY A KANGAROO COURT - A TRIBUNAL FOR THE SOSCF - I WILL IMMEDIATELY APPEAL INTO THE UNITED STATES NINTH CIRCUIT COURT ANYTHING YOU DO BEYOND THIS POINT, AND I WILL PROSECUTE YOU TO THE FULLEST EXTENT OF THE LAW.

[Banging his fist on the table, as his supporters who filled the gallery rise to walk out of the court, en masse]

AS GOD IS MY WITNESS THIS CORRUPTION STOPS NOW!!

[A signed copy of this, signed by Mr Gaston, Mrs Gaston, myself and about a dozen other witnesses is being presented as I type this to the Provost Marshall for action.]

[Note: While leaving the courthouse, Roger Weidner, Gubernatorial Candidate in the last Oregon Governor's race, was arrested on the specious charge of 'criminal trespass'. There was no legitimacy to this arrest by the bailiffs of the courthouse, and this was done solely as harassment and in complete violation of the rights of Mr Weidner.]

========================

Will Gaston

A Voice For Children

PO Box 132

Mt. Angel, OR

Back to CPS