Judge finds Gastons are "subverting the justice process of the State of Oregon" by fighting for daughters life and exposing state crimes.
Friday, June 18, l999 - Salem, Oregon A hearing was held in the Marion County Courthouse with judge Fred Avera, Polk County, presiding; a summary judgement hearing brought by Will and Pamela Gaston, of Mt. Angel, to address the racketeering and conspiracy against Gastons daughter who has been in foster homes for three years, and who has been raped and severely abused at the hands of the state and the SOSCF.
In April, l998, before judge Duane Ertsgaard, a jury found that the judges and attornies, caseworkers and foster parents, police and sheriffs, along with highest Oregon officials, are conspiring to destroy the Gaston family from exposing the horrific abuse that the State of Oregon has enacted on Gastons child.
This hearing was the second time the racketeering Complaint has been before the court to be heard. At the first hearing, in May, l998, with judge William O Lewis presiding, the Complaint was dismissed with judge Lewis stating twice on the record that " I will not allow you to make an offer of proof because facts are not an issue".
At the start of the hearing, Gaston presented judge Avera with a recusal and notification of pending federal charges against him. Gaston told Avera that they had given him recusals in two hearings and a jury trial that they were the eyewitnesses to in the past few days. Avera was told he had a conrflict of interest to be sitting on all three related cases, but Avera refused to recuse himself.
The State had six attornies present, and the judge allowed them to sit in the jury box. Gaston protested that they were not the jury and that this was not the proper place for them to be sitting. Present were Attorney General trial specialist Barbara Gazeley, Marion County Legal Counsel Bruce Armstrong, Silverton City Attorney Richard Rodeman, Portland attornies Bill Sime, Scott Schaurman and Silverton Attorney Phil Kelley.
Pamela Gaston objected to the State attempting to first have a hearing to dismiss the Complaint, rather than on the summary Judgement. Gaston told the court how this had been done to them before, and that this was how judge Lewis dismissed the first Complaint without any facts coming out.
Gaston pointed out that the ORCP Rule 47, Summary Judgement, requires that the opposing party supply facts disputing the Complaint, stating in affidavits personal knowledge of these facts and that denial is not enough.
Gaston described how the State of Oregon is a revolving court, always replacing judges, attornies and members of the court. She said that the only real witnesses to their case are the courtwatchers who have watched every hearing and trial and seen the facts of the case unfold over three years. Gaston told judge Avera that he was blocking the only credible witnesses from hearing the testimony of the case by refusing to allow anyone to read the motions out loud before the court. Judge Avera said this was "grandstanding" and he was not going to allow Gaston to read the motion.
Gaston told the judge how the state had lied to him two days before in the juvenile hearing when they said the pornographic video of Melissa Gaston was still sealed in the court of Judge Joseph Ochoa since l996. Gaston told how presiding judge Paul Lipscomb and District Attorney Dale Penn testified last fall in her jury trial that they do not know where this tape is now, but that they helped seal it, and it has been removed more than once from Ochoa' court without a hearing, and numerous people are known to have seen it.
Pamela Gaston told the court how in many proceedings these crimes have been confessed to - how every word she says is documented or sworn testimony or personal experience. She told Avera "but you weren't there, were you...nor were any of these attornies....you have no persoinal knowledge whatsoever of sworn confessions of criminal acts and completely discredited state reports." Gaston said "judge after judge sits up there like a tyrant, saying they don't want to hear the facts; don't read this; don't say that;". Gaston told how she and her husbands due process has been completely stripped from them and their constitutional rights routinely violated in many court proceedings, "just like this one".
Gaston told how she had been maced and arrested for walking into the Marion County Courthouse, the very building they were in. She said she had been permanently banned from the courthouse, only allowed to enter if it is her own trial, and also from the Dept. of Human Resources bldg, with no hearing and no lawfull order, and no event or disturbance, by public servants judge Paul Lipscomb and DHR Bldg. Manager Randy McKibbin, even ordering that the Gastons cannot telephone any employee of SOSCF or serve any legal papers. Gaston said these people are violating their rights because "they are scared - they know that we are telling on them". Gaston said "this whole thing is a whistleblowing.
Gaston told the court that she and her husband and their children are paying a heavy price for this whistleblowing, severly, for exposing these crimes. Gaston said that two days after the not guilty verdict in l998, and the judges found to be racketeering, the whole community multi-agency police force laid seige on their home in Mt. Angel to arrest her and take her son from their home. She told the court that her son has been out of his home for more than a year now, and emotionally traumatized by the state's malicious actions.
Gaston told the attornies present that they are defending pornographers, black market child selling and the most heinous crimes against children imaginable. Gaston said this has been proven, evidence, admitted....
Pamela Gaston told how she could not know the details of the case had she not lived it and learned from discovery the details of the concealled crimes. All in the defendants own words, their own actions. Gaston said she had never seen anything like the unbelievable set ups she and her husband had been walked into by the courts and corrupt judiciary.
Gaston said that she already knew how the summary judgement is used illegally. She told how the courts blocked a fair trial by jury against the pornographer/foster mother Hazel Spees by giving her a summary judgement without any regard for the facts or the truth, or that she had confessed to her crimes already in court, and a jury verdict said the state is conspiring to protect her, all public knowledge. Gaston described how in May, l998, judge William Lewis, stating facts were not an issue, found "the defendants are wrong" and found that it was defamation to print the truth, the confession of these child sexual crimes by the woman herself, in a newspaper A Voice For Children. Gaston described how a jury trial was held and how the Gsatons had been forced to leave their own jury trial. They were prevented from defending themselves or showing any evidence of what Spees had done to the jury. The jury, without any evidence, awarded $500,000.00 to Spees in damages. Gaston told how the judge has yet to sign this judgement, knowing it is FRAUD and that a different jury has already said so.
Gaston told the court how in the fall of l997, after filing a Freedom of Information Request, they began to receive some documents. Included in these records were the notes of Hazel Spees, created when she was afraid of being caught for making the pornographic video she made of Melissa. Spees wrote the notes to protect herself, writing a cleaned up story for every incident that may come up where she was sexually abusing Melissa, trying to put it all in a light whereby it was the caseworker Larry Lawson's fault for telling her to do these things, or Melissa's fault for "going too far" as Spees encouraged Melisssa to strip, dance naked and masturbate on the video, and other things that are unknown because the tape has been edited. .
Gaston described how, in the jury trial in April l998, she read into the record 25 pages of "daddy, sex and vaginas" - obscene, pornographic conversations and pornographic videotape Spees enacted against this six year old child to try to force her to say her father had abused her. Gaston told how Melissa was punished in this home if she said her dad never touched her "innapropriately". Gastons told the court that the state abuses the children in foster homes and then says the "parents" abused the children in the paperwork, not differentiating that it was "foster parents" not "actual parents", and corrupt judges uphold these blatant lies..
Gaston told the court how the jury heard Silverton Police Officer Gary Robertson admit he lied in police reports, admitted he took Melissa without warrant on his own reports and by his own authority; the jury heard him admit that he involves himself in heinous crimes against children and black market child selling "on his own authority";
Gaston challenged the judge and the attornies - "but you weren't there, were you?" Gaston charged judge Avera that two days before, in the juvenile termination of parental rights proceeding , he had upheld these criminals and their absolute proven lies. Gaston yelled at judge Avera that he had become part of this same pedophile/black market group now by allowing the state to allege that Melissa, being raped sometime since l996 in foster homes, that this in any way involved her father. Gaston told how they have many documents and reports that refute this heinous lie, and how these documents were attached to the motion that Avera refused to accept or allow to be introduced at the hearing two days before.
Gaston told Avera that he is protecting these people and upholding this malicious fraud and is now on the federal Complaint along with the others he is protecting. She told Avera that he had allowed "these vermin - minions of satan to do this". Gaston said "you are defending a pornographer and black market baby selling.".
Gaston described how huge this black market goes. She told judge Avera that last month in New York a black market adoption ring was broken up trafficking in Mexican children to sell in the US. Gaston told how one of those arrested in New York was an attorney named Mario Reyes. Gaston said that the woman who had Melissa taken from her home, Shirley Baez, was arrested in Mexico selling children, had tried to remove at least three other children in Silverton from their homes, and her accomplice and fellow slanderer in court against Gaston was named Santiago Reyes. Gaston described how Reyes is the boyfriend of Nico Vega, daughter of Jeannie Vega, who threatened Gastons life in l996 when the story became public about the abuse of Gastons daughter and exposing the involvement of the "Vega gang" crime family.
Gaston told the court that Silverton Police Chief Rick Lewis sent their case to the Justice Dept. in l998 asking for investigation and prosecution of half of his officers, and Hazel Spees, who lives in his district. Gaston told the court how the chief's Complaint and request for investigation was ompletely ignored by Attorney General Hardy Myers.
Gaston told how only increased retaliation has been enacted by Hardy Myers, and how the Attorney Generals office was the one writing the filthy petitions alleging crimes by the state of Oregon against Melissa Gaston were comitted by someone else.
Gaston described that when Melissa was removed from her father in l996, there had been a sexual abuse exam done on her by the state for the second time. No signs of abuse, no disclosures, and Melissa testified in court in July , l996 that "Daddy didn't do nuffin". Gaston told the court many reports of the caseworkers at the time she was removed verify these reports of no abuse. Gaston told the court how the caseworkers themselves testified in l998 that "there was never credible evidence to have taken Melissa or to have kept her in foster homes", and how they all admitted full knowledge of the sexual abuse, burning and pornography and that nothing was ever done to any foster parent, and many times Melissa was not even moved when the abuse came to light.
Gaston told the court that caseworker Larry Perton took Melissa to another sexual abuse exam in December, l997, almost two years after she had been in the custody of the state, and now this exam says "unusual, may be missing hymen tissue".....Gaston cried ' THE CHILD HAS BEEN RAPED !! PORNOGRAPHY !! EIGHTEEN FOSTER HOMES !! BURNED !! SEXUALLY ABUSED IN AT LEAST THREE - AND ALL OF THIS ADMITTED BY THE STATE !!"
Gaston said, "now, after three years in foster homes, she has been raped ! and this is what you are trying to hang on him (pointing to her husband Will). Gaston described how every day they see the state do this to men, allege sex abuse with absolutley no evidence, to destroy and slander them for life, often when the abuse has been in foster homes where the children are being destroyed for profit..
Gaston said to judge Avera " you said last tuesday that we were in a juvenile court. You said there are no defendants, no charges and no juries.....What kind of SHAM is that?" Gaston said "Where is our Constitution? Did it get burned up or something? Are we in El Salvador? What jurisdiction are we in? You won't answer that , we have been asking you for a week...."
Gaston asked again more adamantly "What jurisdiction are we in? Are we in a Constitutional court? Judge Avera said he was going to take that as a rhetorical question. Gaston yelled "NO ! I asked you to answer !
Gaston challenged judge Avera emphatically "Are we in a constitutional court at common law under the Oregon Constitution?
Avera said "You are in the circuit court for the state of Oregon in Marion County.
Gaston said " Is it constitutional?
Avera said "we conduct ourselves in a constitutional manner"
Gaston said "did you take an oath to uphold the constitution?
Avera whispered "yes I did".
Gaston said "do you honor that oath?"
Avera (barely audible) "I do".
Gaston said "do you uphold due process?"
Avera whispered "I do".
Gaston said "and you have not violated our due process?"
Avera whispered "I have not".
Gaston told Avera she took exception to his answers, but would continue.
Gaston told how in sham proceedings judges Don Dickey, Pamela Abernethy and Connie Haas, had conspired and fraudulently upheld stalking restraining orders for writing a newspaper; how they had written on these orders to "get a mental health exam". Gaston said "just like you did last tuesday. Go get rendered - we'll make sure you are silenced this time".
Gaston described how at hearings the court and staff would laugh that Will Gaston had not been provided with hearing devices, and could not hear in the proceedings as they took advantage of him. Pamela Gaston then realized that at that moment, Will Gaston was not wearing hearing devices, and demanded the court stop violating his civil rights this way.
Gaston told Avera that this was why she got so mad at him three days before, as Avera threw Pamela Gaston out of Will's juvenile proceeding for trying to help him; she had filed for intervention and Avera had refused this. Gaston said "this is what I have been watching for three years as the courts and state have raped his daughter, raped him, right in front of me, taking advantage of him and refusing to allow me to help him or speak to him and usually throwing me out".
Gaston said "I have watched this for three years ! No one defending him - we fired four attornies before we learned that it is a game they are playing with the judge and protect each other, all bar members protecting themselves and their insurance fund."
Gaston said "we have learned. We're not stupid anymore - not vulnerable like the families have been up until now - they haven't known what they were fighting until now - but now they know.
Gaston described how this "mythical State of Oregon" has brought twelve cases against them in an effort to silence her and her husband and remove Gastons daughter permanently. Gaston described how they have had to fight these cases - civil, juvenile, criminal, and their teams of attornies, themselves. How somehow they have survived. Gaston said "the truth stands in this court, and the truth is the real power behind this case".
Gaston told the court that many people in their courtwatch advocate group had been falsely arrested and imprisoned for speaking out about these crimes and how the state is actively retaliating against those who stand up to state abuse.
Gaston told the judge that the attornies lied in the previous hearing when they said "the Gastons put every judge on the lawsuit they come before" Gaston said they have been before at least nineteen judges over three years, and there are fourteen, including Avera, on the federal lawsuit now. Gaston said only ones who have seriously violated their rights of due process are added to the Complaint.
Gaston said "these are very serious charges....these are crimes....this is rape.....this is treason.....this is tyranny....what the agency is doing is genocide.....taking whole groups of children this way from the poor....we're doing class actions.....we're getting whole families....the state of Oregon ex rel is DONE with this type of justice".
Gaston told judge Avera if he was going to be a criminal, she could not stop him. All that they can do is to take exception and take it up with the rest of it in the higher courts. She told him that he was going to pay for what he has done - lawfully - because these are crimes, and because he is a public servant who has taken an oath not to do any of the things he has done....but he had done them anyway.
Gaston told the judge that Chief Justice William Renquist has told the federal courts to hear cases of high level state and government corruption and where it is pointless to try to exhaust state remedies. Gaston told the court that the Supreme Court has told the Ninth Circuit courts to assist sui juris litigants to get their cases properly before the higher courts.
Gaston told Avera how the state throws the sex abuse allegation at every man in courts of no due process and how it is nearly impossible to defend against a perpetuated LIE.
Gaston asked Avera if he was aware that the SOSCF files on the case are all lies? Most of it already discredit in countless previous hearings on the record. As Gaston tried to lay out the facts, and judge Avera tried to block her, Gaston said "these are the facts....this is the conspiracy....every single thing that has happened...the retaliation....the twelve cases against us....the arrests....the false imprisonment....all of the horrible abuse that has happened to his daughter....are racketeering and conspiracy...the sham court proceedings...these are the facts of the case ! They have to dispute this !"
Avera said "You have to show there are no material facts at issue and you would prevail before a jury." Gaston said "we already have! A jury has already found that THERE IS conspiracy and racketeering.". Again, Avera blocked Pamela Gaston from reading the jury instructions that confirmed the conspiracy on the record. Gaston told the judge he was blocking the only credible evidence - the courtwatchers as witnesses at common law - from seeing and hearing what was going on. She described how judges continually do this as another method to prevent fair hearings when the criminals are public servants - to prevent the record from being made and exposing the truth.
Judge Avera refused again to allow Gaston to read the motion so the courtwatchers could hear. Judge Avera said "we are not putting on a show for spectators". Gaston said "NO ! These are the only credible witnesses and no court shall be in secret"
Gaston asked Avery again "are you a public servant?"
Avera said "no, I'm...."
Gaston said "answer the question !"
Avera said, "No, I'm not going to answer any questions..."
Gaston said "answer them! (pointing to the public courtwatchers)
Avera refused to answer.
Gaston began to read Judge Ertsgaards words describing the conspiracy of judges, attornies, caseworkers, foster parents, police and public authorities and elected officials against their family and Gastons daughter from the court record of April, l998. Judge Avera cut her off again, and told her she could not read from the motion. Avera said " they are in the record, we're not going to read that". Gaston said "We ARE going to read it - I will make an offer of proof then" Avera said "you can make a written offer of proof" Gastons said "I am making an ORAL offer of proof - on the record .....you cannot stop me!"
Avera said "I am stopping you".
Gaston took exception and continued to lay out the facts how Melissa was taken illegally in l996 by people involved in black market child moving and pornography.....Gaston described how the caseworkers had testified that there had never been credible evidence to justify taking and keeping Melissa from her home. Gaston told the court how the whole fabricated case was vile adults saying they had heard Melissa say things - second and third time hearsay, none of them even alleging ever seeing anything at all happen to Melissa Gaston..
Gaston told the court how the whole case was a LIE !.
Gaston told the court how Baez had her friend Mignon Bruno coerced her neice, Judy Strom , to lie and say she had seen Melissa abused in order to kidnap her from her father. Gaston told how in court, in November, l996, this twelve year old girl testified how she had lied for these adults, fabricating wild tales of abuse and had never seen anything whatsoever happen between Melissa Gaston and her father.
Gaston told the judge how all of the slanderous reports that were given to him in court two days before in the juvenile proceeding had been dismissed in November, l996, along with the original petition alleging "innapropriate touching"
Gaston told the court that now it is known that the reason Melissa was not immediately returned when the lies came out in November l996, was that caseworker Larry Lawson and foster mother Hazel Spees had made a pornographic videotape and sealed it days before in the court of judge Joseph Ochoa.
Judge Avera stopped Gaston again, saying her "recitation" was not establishing anything but allegations.
Gaston said "these are the facts ! what else?" Gaston asked how this could be anything but summary judgement......Gaston demanded again that any of the attornies there dispute one word of testimony on behalf of their clients.... Avera said "this is not an interrogation" and he said that there had been no facts laid out. Avera said he was not going to listen to anymore of it...
Gaston stated that in three years, there has been no dispute of one word or charge, and that these people have not, and cannot, dispute one facts, and again demanded the attornies present give one fact of dispute. Each attorney, one by one, gave completely unresponsive answers about how their motions had been filed and the court should dismiss the Complaint because the Plaintiffs had failed to state a claim. Not one word of defense, nor one word of one disputed fact, was forthcoming, and no rebuttal ever to Gastons testimony in any court. (Undisputed testimony on the record becomes fact.).
One attorney said there was "no competant evidence". One attorney used the words "as a matter of law the motion to dismiss should be allowed". Gaston abjected to the terms "as a matter of law" when no Law was being upheld in that courtroom. The attornies whispered, barely audible at times, prompting the courtwatchers to ask re peatedly to speak up....Silverton Attorney Phil Kelley, said he was representing a defendant named Donna Myers. Gaston objected, stating Mr. Kelley had returned the legal papers on Donna Myers, saying he never met her nor had anything to do with her and did not represent her. Gaston said he had no business being there. Kelley, red faced, forgot his train of thought, and after stumbling for a few moments, said he was representing Donna Myers, and was asking to move for dismissal.
Will Gaston told the judge how the case was beyond him, now in the Ninth Circuit US Court of Appeals. Gaston told Avera that "If you think you are going to uphold crap like this and not be accountable, I assure you, you will come to accounting". Avera said he was "not going to listen to you threaten people". Gaston yelled at Avera "I THREATEN YOU TO THE FULLEST EXTENT OF THE LAW"
Avera shouted "SIT DOWN! SIT DOWN AND STAY DOWN"
Gaston shouted "YOU QUIET DOWN TOO"
Pamela Gaston told Avera "there is a code of judicial conduct and rude and surley is not one of the rules - SIR !"
She asked Avera again "ARE YOU A PUBLIC SERVANT? I asked you that before and you refused to answer.
Avera would not answer.
Pamela Gaston said, "OK, so he's a TYRANT, so we know this...."
Avera asked if there were any further facts.
Gaston said, "oh, yes - the jury found that these people are conspiring and racketeering against us, but you won't let me talk about it"
Avera said he was prepared to rule.
Pamela Gaston asked Avera to read the whole Rule 47 summary judgement, which states that denial is not enough and that there must be personal knowledge and dispute of facts in order to dismiss the Complaint. Avera refused to read the rule, threatening Gaston that "anything further and you're gone"... Will Gaston told Avera, "well, we got thrown out of our jury trial, so why not?"
Pamela Gaston said "It's too much what you are doing here - go for it ! I ask again, you're not going to read the law?.
Avera ignored these requests, and began his findings...."All that the plaintiffs have done is recited their allegations and contentions and have not demonstrated to any degree that there is no issue of material fact.....even if there is no material genuine issue of fact.....Plaintiffs have failed to show that they are entitled to judgement as a matter of law....this is to be weighed based upon the pleadings and the matters before the court.
Gaston objected, asking Avera if he had actually read the papers in the case file or not, and their motions. Gaston said "so what do you make of this evidence? these exhibits?
Avera told the sheriffs to "remove this woman".
Gaston adamantly told the sheriffs "don't touch me" as two sheriffs moved to grab her. Gaston said to the court, on the record, that " he is throwing me out again, violating my due process and he is going to find against us....
Gaston told Avera "you are a tyrant, sir, and you will pay for this" as she was "escorted" from the courtroom.
Avera told Will Gaston to be quiet too. Avera granted the state's motion to dismiss, and the attornies whispered back and forth about motions that had been filed. throughout the hearing, courtwatchers kept asking for the court to speak up so they could hear....Yvonne Heindrichs, long time Salem advocate, asked once again to "speak up".
Avera rudely admonished her yelling " I'LL CONTROL THE COURT ! NEXT VOICE I HEAR FROM BACK THERE IS OUT ! UNDERSTOOD? WAS I LOUD ENOUGH?" Patiently, Mrs. Heindrichs responded to his rudeness "NOW THAT WAS LOUD ENOUGH".
Will Gaston told Avera that his decision was moot, anyway, and that these matters will be dealt with over his head....Gaston told Avera that he is now on the federal lawsuit. Gaston told Avera "so you just help yourself" and to do what he intended to do.
Avera recited a dialogue that had already been prepared for him by the Attorney Generals office before the hearing. "I find that the Complaint is a collateral attack on a juvenile proceeding, which is improper; all of the Plaintiffs pleadings failed to state a cause of action.....I agree completely with judge William Lewis (who said facts were not an issue as he dismissed the first Complaint).....All claims against all defendants in this matter are dismissed; no objectively reasonable basis for asserting this claim; that the claim is frivolous and oppressive, done with a malicious intent to injure the defendants..costs and legal fees are awarded." (millions of taxpayers dollars being spent in their efforts to destroy the Gastons).
Upon hearing this, the crowd started to yell "WHEN DOES MELISSA GET JUSTICE" as they walked out on Avera and his intolerable deceit.
Avera continued "and with the intent to SUBVERT THE JUSTICE PROCESS OF THE STATE OF OREGON ....."
Gaston tried to make a statement, and Avera told him to leave the building. Gaston said he had a right to be in a public building, and walked out with the courtwatchers, telling Avera and the attornies "I will see you all once a year at your parole hearings"
The attornies were seen to literally run from the courtroom, scurrying off in all different directions.
The judges findings will be immediately appealled into the US Court of Appeals, where the case is pending proper investigation and jurisdiction for prosecution of high level state corruption in the courts and crimes by government officials and public servants.
Editors Note: The finding of "subverting the justice process in the state of Oregon" was added with the intent that the judge can bring some kind of charge of terrorism against the Gastons for their struggle to force the return and safety of their daughter, and other children unlawfully taken from their homes. The public outcry must be louder than the relentless intent of the court to destroy the Gastons. Rules are being passed, ie SB70, to make it a crime to fight for your innocence or speak out if the truth is being concealled, to stand up to corrupted courrts and officials. These rules are being passed as we speak, criminalize the Gastons,a nd to prevent anybody else from even attempting what they are doing ......we must LOUDLY take back our corrupted courts, and, as Lincoln said, "Our life and liberty depends upon preserving the Constitution as our founding fathers made it inviolate; the people are the rightfull masters of both the Courts and the Congress, not to overthrow the Constitution but to overthrow those who subvert the Constitution.". WAKE UP AMERICA !!
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Will Gaston
A Voice For Children
PO Box 132
Mt. Angel, OR
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