- NEWPORT, Wash. - At his trial
Jan. 3, 2002, 15-year-old high school student Joshua Krawiek represented
himself against the state of Washington & charges of possession of
paraphernalia were dismissed by Superior Court Judge Rebecca Baker. Joshua
was able to prove to the court that he was charged with a crime that does
not exist in Washington State.
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- On Oct. 11, 2001, Joshua J. went to his locker between
classes to retrieve books from his backpack only to find that his backpack
had been taken to the main office. Joshua asked why his backpack had been
taken from his locker. 3 law enforcement officers insisted that the K-9
drug dog had signaled the presence of marijuana on 2 of the 3 35mm film
canisters found in his backpack.
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- When asked about the film canisters, Joshua's explained
that he used them to store fishing tackle, such as flies & hooks, as
he would sometimes fish on the way home from school. He procured film
canisters free from various photo-processing establishments around town
& stated that there was no marijuana in the canisters to his
knowledge.
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- The officers found a trace of a green leafy substance
in 1 of the canisters, 1 canister was empty, & 1 contained a fishing
fly. A field test showed positive for THC in 1 of the containers.
However,
because there was not enough marijuana present to be charged with
possession,
Joshua was charged with possession of paraphernalia.
-
- To help prove his innocence, Joshua had a drug test
performed
at the local hospital. He submitted these negative test results to the
prosecution, but to no avail.
-
- Joshua then contacted Citizens Against Corruption (CAC)
of Newport. The CAC directed him to the local library & assisted him
in pulling up Internet sites for legal research, such as LOIS Law which
is offered free by the county as provided by law.
-
- Joshua found in his Internet travels that
"possession
of paraphernalia" in Washington State is not a crime as quoted in
State v. McKenna & State v. Welker. Joshua also pulled up the entire
section of the statute under which he was charged, RCW 69.50.412. This
statute clearly states that it is unlawful for any person to use drug
paraphernalia
for illegal purposes. POSSESSION OF DRUG PARAPHERNALIA IS NOT A
CRIME.
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- According to Washington State law, the USE of drug
paraphernalia
is classified as a misdemeanor & all misdemeanors must be witnessed.
No one saw Joshua using containers for drugs. Several people have,
however,
witnessed Joshua using film containers to store fishing tackle.
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- Joshua was assigned court appointed attorney Tim Trageser
who had no contact with Joshua until his 1st hearing & did nothing
to defend him. At the 1st hearing, the Trageser lied to the court about
his communication with Joshua & his father.
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- Joshua chose to fire Trageser because he not only lied
to the court on the record, but did nothing toward defending him.
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- The court also refused to allow Joshua's father, his
guardian & first friend, any right to defend Joshua, a minor, who has
no legal standing in the court & must be represented by counsel of
choice, in this case his father. Representation by a parent on behalf
of a minor has repeatedly been allowed in the federal courts because it
is a constitutional right to counsel.
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- After several pre-trial motions for dismissal had been
rejected by Superior Court Judge Rebecca Baker, she reluctantly dismissed
the charges at the trial on January 3, 2002. Judge Baker stated on the
Order of Dismissal, "the court heard the State's offer of proof &
concludes (1) the charging document is deficient & (2) the proof is
inadequate under Knapstad to establish the presence of drugs".
-
- Judge Baker, apparently irritated at the prosecution's
inability to outsmart a minor in her court, reportedly stated to Joshua,
"Don't laugh when you leave this courtroom, thinking you have beat
the system because you have looked these things up yourself. We are going
to get you down the road."
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- The CAC concluded that this 15-year-old boy had his
reputation
tarnished, & was suspended from school for using 35mm film canisters
to store his fishing lures. "This tells us that the drug dog needs
a new nose, & Newport City Police officers need to get a life &
a new job they can handle," commented CAC founder Leonard
Browning.
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- The Pend Oreille County Prosecutor's office charged
Joshua
with a crime that is not a crime & prosecuted him maliciously without
probable cause. The county's actions caused strife & dissention in
Joshua's family & his father was forced to transport him to a special
school while this matter worked its way through the legal system.
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- "I think everyone should thank Joshua Krawiek for
exhibiting the character & patriotism it takes to stand up for his
G-d - given & constitutional rights. We need more young people like
this in our society to insure lawfulness & justness in our legal system
& to preserve our way of life here in America. If enough people, young
people & adults alike, will stand up to this type of malicious
persecution,
govt. officials will be returned to their rightful place as public
servants,"
Browning said.
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- Citizens Against Corruption, a non-profit Idaho
association
dedicated to achieving justice through legal means, can be contacted at
P.O. Box 9, Priest River, Idaho 83856.
-
- The Idaho Observer
- P.O. Box 457
- Spirit Lake, Idaho 83869
- Phone: 208-255-2307
- Email: observer@coldreams.com
- Web: http://proliberty.com/observer<
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