root - Posted on 01 January 2000

Pt 3 in a series

by Judith M. Hansel

Parts one and two of this series explained how the US government cheated me out of $24,500 when I paid cash for a house that had been in a USDA homeownership program. This program is authorized by Title 7 USCS C.F.R. 1955.116. I learned, after purchasing the house, that the required repairs had not been made. The house was not in “decent, safe, and sanitary” condition as required by the regulation.

My first response consisted of writing letters to the local, regional, and federal USDA offices. Every reply to my letters denied wrongdoing. Senator Kohl suggested that I obtain a low-cost government loan to repair the house.

To protect my investment, I obtained three mortgages over an eighteen-month period that totaled $23,000. I decided, after a Black Hills Vision Quest, to stop paying the mortgage in order to get the fraud issue before a jury.

The Complaint arrived via Sheriff’s deputy in December. The Case Number is 91CV189 stamped as received by the Clerk of the Court in Waushara County Circuit Court located in Wautoma, Wisconsin. I Answered the Complaint stating the issue of fraud and filed third-party complaints against the USDA, my attorney, my divorce attorney, the Realtor and Union State Bank.

In January, the bank filed a Motion to Dismiss my Answer. Judge Wolfe agreed
stating that I had “too much extraneous material.” She also dismissed all my third-party Complaints even though the USDA had not filed any papers. Judge Wolfe said that she knew that she had to provide “substantial justice” so she gave me ten days in which to file another Answer.

The Answer that I submitted was the only possible Answer that I could write. To submit another Answer would be to agree with Judge Wolfe’s statement that there was “too much extraneous material” in my Answer. So I did not write another Answer to the bank’s Complaint. I did appeal Judge Wolfe’s decisions and orders to the Wisconsin Court of Appeals on the basis that they violated my Constitutional right to a jury trial on anything worth over $20. (Seventh Amendment).

Before the Court of Appeals reached a decision, the bank filed a Motion for Summary Judgment. That Motion was granted; the decision stated that the Judge had “tried” the legal issues. Of course, this was a lie and I appealed Judge Wolfe’s actions to the Wisconsin Court of Appeals.

In July, the Sheriff held a public sale of the property and sold it to Union State Bank. I had no intention of cooperating with the Sheriff when the bank took possession, so in September I held a “Going to Jail Sale” and advertised the event in the local paper.

I sold all my furniture and all the improvements I had made to the house including: the mailbox and the post it was on, the TV antenna, the in-the-wall air conditioner and the fence. Under Wisconsin law if a contract is signed under fraudulent conditions, the contract is null and void. Basically, I had no legal right to improve the property just as the bank had no legal right to issue mortgages to me.

On October 1, the Court issued a Writ of Assistance to the Sheriff that expired on October 9. On October 9, the Sheriff arrested me and transported me to jail using that expired Writ. I was jailed for six hours and released on my own recognizance. (Case 92CM114). I filed a Motion to Dismiss based on the fact that no one had read my rights to me. In response, the DA dismissed the charges against me without prejudice, which meant that he could re-charge me anytime that he wanted.

The Wisconsin Court of Appeals in Madison, Case #92-0522 upheld all the Waushara Circuit Court’s decisions. I then appealed to the Wisconsin Supreme Court under the same Case Number.

I was waiting for a decision from that Court when I read that, in Wisconsin, a person may not be removed from a property in dispute until all legal remedies had been exhausted. So why wasn’t I living in the house?

I needed to get these issues before a jury and thought that the easiest way to do it would be to get myself arrested. So I went to the DA and an official of the bank and told them that I would be on the property that afternoon. No one came to arrest me, so I went back to the DA and asked him why I wasn’t arrested.

“We won’t arrest you for trespassing,” he told me.

What could I think up that would get me arrested, but that wouldn’t send me off to prison for life? I bought black paint and a paintbrush and wrote slogans on the house that did not flatter the USDA and Union State Bank. The next time I was in Wautoma, I was arrested outside a grocery store. I was, however, allowed to drive my car to the jail parking lot. I was charged with a felony, damage to private property, Case Number 93CF007. While in jail over the weekend, my gun was confiscated from my car, violating the Second Amendment to the US Constitution. In Wisconsin, guns may not be confiscated until a person is convicted of a felony.

In March, the Wisconsin Supreme Court’s decision upheld the Wisconsin Court of Appeals and the Waushara Circuit Court’s decisions. I filed a request for a Writ of Cetiorari with the US Supreme Court, Case Number 92-8419.

In April, I attempted to get the prosecution of me for the house-painting crime transferred to the US District Court-Eastern Division in Milwaukee. Judge Goodstein denied my request and labeled his decision a civil case when, in fact, it was a criminal case. (Case Number 93-C-34l).

On May 19 I was scheduled for a jury trial. Finally! Judge Karch arrived and interrogated me for over an hour on points of the law. He said that he was going to dismiss the jury since I was not ready for trial. The truth probably was that he thought I might win!

He ordered me to leave the Courtroom and wait in the hall. Outraged that I had been denied a jury trial AGAIN, I left the building. The next day I was arrested and jailed. This time they did not tell me the charge or give me copies of the Warrant. In the afternoon at my arraignment, the Judge set a cash bail of $2,000. I refused to raise it. The Judge then ordered me to sit in jail until I raised the money. I told him I would stop eating.

On May 25, the Court held a hearing. The Judge offered to set the bail at a $2000 signature bond if I would see a private attorney while I was in jail. I agreed. The Judge also ordered a Mental Competency Evaluation to be done by the Director of the Winnebago Mental Institution on June 22 in Oshkosh. The next day, Patrick Seubert, an attorney in private practice in Neenah, Wi., visited me. When I told him I wanted him to hire a psychiatrist for a second competency evaluation, he told me he didn’t know how to do that. And, he added, he would become Guardian of my affairs after the Evaluation.

On June 9, I received the denial of a Writ of Certiorari from the US Supreme Court.

My legal remedies were exhausted and I knew that the outcome of the Mental Competency Evaluation was already decided, so what could I do?

I went to Canada.


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