On Feb. 24, 2000, I went to the Stoughton, Mass. police station, to submit completed state applications for firearm licenses under MGL c. 140 et seq.. When I submitted the applications to the Stoughton Licensing Authority, they were summarily refused by a verbal reply. When I requested a lawful denial of the applications in writing, I was then threatened with arrest for TRESPASS, if I didn't fill out new forms according to the Licensing Authority, or if I didn't leave the conference room where the applications were being processed.
Two Stoughton patrolmen physically grabbed me, without any directive from the Licensing Authority, a police Lieutenant, and forced me out of the conference room into the public waiting area, whereupon, they started shouting out -- creating a tumult -- "Get Out -- You must leave now." As I was outside the conference room and no hindrance to the operations of the Stoughton police station, I approached the dispatcher's window to enter a formal complaint against the unlawful actions of the Licensing Authority. As I was addressing the dispatcher, the same two patrolmen again grabbed me without saying a word, forced me into an inner hallway. Here, they knocked all the paperwork out of my hands and forced my arms behind my back where they told me, "You're under arrest for TRESPASS."
I was unlawfully booked, after I had been chained to a railing and told I would stand there shoeless on a cold cement floor until I surrendered my Social Security number. As they threatened me to keep me chained there, I surrendered my Social Security number under duress.
At my "arraignment" in Stoughton District Court on Feb. 25th, Judge Rober Sheiber told me that "there were serious charges against me and that I could go to jail." I protested the proceedings, for the Stoughton police officers who arrested me were not in court to swear to the charges against me. Judge Sheiber said, and I quote, "Protest all you want." THe Norfolk District attorney's office took over 100 days to contact the civilian witnesses, who were sitting in the waiting area, and saw my unlawful arrest. They all said that "I was just standing at the dispatcher's window, asking to enter a complaint, when two patrolmen grabbed me, without saying why I was being grabbed."
The Norfolk District Attorney's office then agreed with my counsel that the charges by the police were frivolous and stupid, and that the charges would be dropped in court on June 13th. This was not to be, though, because I had taken out charges against the Stoughton police for depriving me of my rights under color of the law. On July 19, 2000 at a motion hearing, the two patrolmen who arrested me refused to take that stand to defend their charges against me. Judge Sheiber refused to dismiss the charges against me, even though the police refused to support them under oath.
Going to the Dedham District court, and even though attorneys for the Norfolk District Attorney's office didn't show up in court and didn't file the proper paperwork for same, the false charges against me were not dismissed. Finally, a competent justice, on Jan. 24, 2001, reviewed prior opinions and noted that what the Norfolk DA's office had done on June 13th was a deprivation of my substantive rights under color of law. He ordered the dismissal of charges against me, though I had to pay court and witness fees for the false charges brought against me by the Stoughton police. I was refused to exercise my right to record my hearings for free, being forced to buy the court one's at $37.50 for each tape. These false charges have cost me over $21,000 in legal fees, and have cost the Massachusetts "justice" system my trust thereof.
All of the above is public information. I have made a Motion to have all records of this false arrest expunged from all places where these false charges currently reside. Use this information wisely when you travel around America.
Yours, Don Schwarz, 92 Benson Rd., Stoughton, Mass. 02072
Nov. 6, 2001