Facts


Watchtower really does hide pedophiles

Dear David,

I am really sad at the evidence that the Watchtower really does hide pedophiles. I pray the authorities involved will do the right thing and arrest the murderer who murdered my sons. Their blood keeps calling me for justice. Justice for the Children.

State of Wisconsin Case no. 88-CF-522

REPLY BRIEF of XXXXXXX IN SUPPORT OF POSITION THAT 971.31 (5) (b)STATS. IS UNCONDITIONAL, ON ITS FACE, AND IN ITS APPLICATION TO THE FACTUAL CIRCUMSTANCES OF THIS CASE
Circuit Court for Price County

State of Wisconsin, Vs. Mxxxxxx

THE STATE HAS FAILED TO PROVE ITS HEAVY BURDEN JUSTIFYING THE ENACTMENT OF 971.31 (5) (B) AND THE STATUTE'S APPLICATION TO THE DEFENDANT AND THE RESULTING VIOLATION OF THE DEFENDANT'S CONSTITUTIONALLY PROTECTED RELIGIOUS RIGHTS

      Judges of the circuit court s of Wisconsin take an oath, pursuant to 757.02 Stats, solemnly swearing that the circuit judge will support the constitution of the United States and the constitution of the State of Wisconsin.

      The defendant's motion to suppress herein claims that the state will probably call as witnesses at the preliminary examination, ministers of the Jehovah's Witness Kingdom Hall, who will be asked, by the state, to testify regarding statements and activities of the participants, including the defendant and XXX and other ministers, who participated in a religious meeting at the Jehovah's Witness Hall in Phillips, Wisconsin, on July 2, and July 30, 1988. The subject matter of the religious meeting involved the alleged difficulties between the defendant and XXX and these alleged difficulties were conclusively resolved within the Kingdom Hall. The religious tenets of the Jehovah's Witnesses Kingdom Hall prohibit any member and minister of the Kingdom Hall disclosing statements made at the religious meeting and the disclosure of the statements is further prohibited by 905.06 Stats. The religious tenets of the Jehovah's Witness Kingdom Hall also prohibit any member and minister of the Kingdom Hall resorting to secular authorities for the purpose of reopening a matter which has been conclusively and finally determined at a religious meeting, as has been accomplished in this matter.

      Defendant's motion to dismiss requests the court to suppress evidence, before the preliminary hearing herein, which violated defendant's constitutionally guaranteed rights 971.31 (5) (b) Stats. Absolutely prohibits this court from considering and ruling on defendant's motion to suppress before or at the preliminary hearing.

      Defendant's religious rights, protected by the constitution, are squarely brought before the court by the defendant's motion to suppress. 971.31 (5) (b) stats. Imposes a significant burden on the defendant's exercise tes, (1920 his constitutionally protected religious rights and on the courts duty to protect those rights.

      Infringements by the government on religious rights must be subjected to strict scrutiny and governmental limitations on religious liberties must by justified by the government, and can only be justified by proof of a compelling state interest or by a showing that the infringement or limitation is essential to accomplish an overriding governmental interest. Wisconsin vs. yoder 406 U. A. 205, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972), United States vs. Lee, 455 U. S. 252, 71 L. Ed. 2d 127, 102 Sct. 105 (1982).

      Silverthorne Lumber Co. vs. United States, (1920) 251 U.S. 285, 64 L. Ed. 319, 40 S. Ct. 182, 24 ALR 1426 absolutely prohibits the use of evidence obtained by the government in violation of defendant's constitutional rights, before the court, and the evidence shall not be used at all. Preliminary examinations in Wisconsin are presently held before the court, and not before a magistrate or lesser judicial officer or body.

      971.31 (5) Stats. Is a practice statute. This practice statute totally deprives the court of the power to protect, in a timely fashion, defendant's constitutionally protected religious rights, before and at the preliminary hearing, and the only attempted justification advanced by the state is expediency, judicial economy and the orderly processing of criminal cases. These reasons are not justification demonstrating a compelling state interest or an overriding governmental interest.

CONCLUSION

      The state has not proven its heavy burden of justification regarding the states depriving defendant of his constitutionally protected religious rights and has offered no explanation or justification regarding the legislature's total interference with the circuit court's duty to protect defendant's constitutionally protected religious rights and defendant's other constitutional rights, as set out in detail in the motion to suppress herein.

971.31 (5) (b) : Stats. Is unconstitutional on its face and in its application to the factual circumstances of this case.
971.32

Dated this 9th day of March, 1989



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