October 1, 1999- SALEM, OREGON On September 30, 1999, in Marion County, Oregon, an outraged group of citizens placed judge Fred E. Avera under Citizens' Arrest for Trespass of Treason to the Constitution and Misprision of Felony. Witnessing this arrest were courtwatchers from A Voice For Children, Oregon Judicial Watch, Constitutional Defenders and Grandparents' Rights groups, who have been actively confronting the corruption in the Oregon judicial system.

Among the courtwatchers were 1998 Reform Party candidate Roger Weidner, candidate for Secretary of State Carlos Luceros, Director of F.A.I.R. Velma Hartwig, Oregon Judicial Watch President Pamela Gaston and 20 supporters. Wilbur Russell Gaston was in the Marion County Courthouse in a trial with no jury, to terminate parental rights of his 7-year-old daughter Melissa.

The OREGON OBSERVER has covered, in previous issues, the outrageous treatment of Wilbur Gaston, his daughter Melissa Gaston and his wife Pamela Gaston by corrupt judges, attorneys, SOSCF personnel and other public officials. Over the past three years the Gastons have proven in court how: Melissa Gaston was molested in more than three of the eighteen foster homes she has lived in, burnt as punishment in one of the foster homes, how--on the orders of SOSCF employee Larry Lawson--a movie was made of Melissa dancing nude, sexually manipulating herself by foster mother Hazel Spees, and how Wilbur and Pamela Gaston have been repeatedly arrested and jailed for attempting to expose the criminal conduct of the judges, SOSCF officials, and others, who have been sexually exploiting Melissa Gaston.

In an earlier edition, the OREGONOBSERVER reported that in April, 1998, a Marion County Jury, hearing a criminal contempt charge against the Gastons, not only found the Gastons "not guilty" but found that certain Marion County judges, SOSCF personnel and other state officials, were conspiring against the Gastons. From all the informed people, the OREGON OBSERVER has talked to about this case, it has become apparent that the reason the STATE wants to terminate Gaston's parental rights is to keep Melissa quiet, to keep Melissa from telling, in her own words, how she has been sexually abused while in the STATE foster home program.

On September 30, 1999, judge Fred E. Avera, (Polk County) was presiding. In a previous hearing, before judge Avera, the Gastons had moved for a summary judgment on a Racketeering Complaint the Gastons had filed against the judges, SOSCF employees, and other public officials. In the earlier case the Gastons argued that a jury had found them not guilty because they had been the victims of a conspiracy involving the judges, SOSCF employees and other public officials. In the earlier case, the Gastons argued that since the jury found the judges conspiring, in the criminal case, the Gastons were entitled to a summary judgment. In that earlier case when judge Avera ignored the facts and ruled the Racketeering claim "frivolous," the twelve Gaston supporters present got up and walked out of the courtroom in disgust.

On September 30, judge Avera first heard from the attorneys for the STATE, who were present to quash all of the subpoenas that the Gastons had served on Governor Kitzhaber, Attorney General Myers, and Chief Justice Wallace Carson and other STATE officials. Kitzhaber, Myers and Carson were subpoenaed because they had knowledge of the STATE abuse of the Gastons for more than two years and have refused to take action to stop the abuse. Judge Avera then asked Wilbur Gaston if he had anything to say.

Gaston then stood up and for fifteen minutes read a prepared statement setting forth the criminal behavior of the judges, SOSCF employees and public officials, in covering up, in sham hearings, the sexual abuse of his 7-year-old daughter, Melissa while she is in the custody of SOSCF. Two of Gaston's supporters then stood and stated, on the record, that judge Avera had committed Trespass of Treason to the Constitution and numerous other criminal acts, while hearing the Gastons' cases.

Gaston turned and addressed the Bailiff: "You have heard more than two people in open court, under the Constitution of the United States, charge judge Fred Avera with Trespass of Treason to the Constitution. "You must remove this man from the bench. If you do not remove this man from the bench, you have violated your oath of office and are as guilty as he is, of committing Trespass of Treason to the Constitution and Misprision of Felony."

Gaston then read the relevant portions of Article 18, Sec. 4, of the United States Code, "…Whoever having knowledge of the actual commission of a felony, cognizable by a court of the United States, conceals and does not as soon as possible, make known the same to some judge or other person in civil or military authority, under the United States, is guilty of the federal crime of Misprision of a felony." Gaston then turned to the Bailiff again and said, "Will you interfere if I perform a citizen's arrest on this man? I will not subject myself to be arrested performing a citizen's arrest, as is my Constitutional Right, but on the record in open court I am placing MR. AVERA for the crimes of Trespass of Treason and Misprision of Felony, here before God and my fellow state citizens of the Republic of Oregon. AS GOD IS MY WITNESS THIS CORRUPTION STOPS NOW," Gaston declared, pounding on the table in outrage.

As Gaston spoke, Assistant Attorney General Ted Meese, State-appointed Attorney for Melissa Gaston Richard Condon, SOSCF caseworker Larry Perton, Assistant Attorney General for the SOSCF Staci Barry, Assistant Attorney General Trial Attorney Cynthia Botsios, and Assistant Attorney General for the SOSCF termination specialist Dina Vitolins, sat silent and red-faced. Also in the court, as Gaston spoke, were the Marion County Sheriff's deputies Poston, Papenfus, Daley, Schultz, Olson, McMullen and Stai.

When Avera threatened Gaston that if he didn't stop talking he would be removed, Weidner had all the supporters stand in support of Gaston. As Gaston finished his statement of arrest of judge Avera, Weidner told the supporters to leave the court, that Avera was conducting sham judicial proceedings where the outcome was a foregone conclusion.

As Weidner was leading the supporters out of the courtroom, Lt. Sgt. McMullen was holding the door and made a sarcastic remark to Roger Weidner, who then reminded McMullen that he is a public employee. As Weidner was nearing the front door, he turned and told his supporters to get the names of the guards present. McMullen approached Weidner, white-faced with his handcuffs held in his left hand, shoulder high, ready to strike. McMullen then yelled at Weidner, "I am telling you to get the hell out of this building." Weidner responded, This is a public building, McMullen. I am leaving but I will leave when I want to." As soon as Weidner spoke, McMullen violently grabbed his left arm, pushing him down, snapping on the handcuffs hard enough to leave red welts on Weidner's wrists.

As McMullen was manhandling Weidner, he snarled, "I am getting sick and tired of you Weidner. As Weidner was being taken to jail, he said to McMullen, "You are making a big mistake, McMullen." McMullen responded sarcastically, "You really scare me Weidner."

This is not the first or even the second time that Dave (the THUG) McMullen has attacked concerned citizens, courtwatchers who have been fighting the corrupt Oregon court system. On March 19, 1998, Gaston supporter and Family Freedom Press Editor Dotti Blakemore, a 50-year-old church secretary and family rights advocate, was violently attacked by McMullen after she spoke in court to Gaston, who was being arraigned on a contempt of court charge. Gaston had been brought in shackled, and after Mrs. Blakemore said, "We love you Will," McMullen attacked her and drug her screaming from the courtroom. McMullen and other sheriffs drug Mrs. Blakemore around the courthouse for 45 minutes with her clothes around her ankles, torturing and abusing a woman with impaired health, and arrested her for criminal trespass.

On April 16, 1998, Pamela Gaston went to the Marion County Courthouse to get judge Ertsgaard's signed order to protect Pamela and her nine-year-old son Kevin from the SOSCF retaliation. Judge Paul Lipscomb had earlier issued a memo banning Pamela from the courthouse. While Pamela was in Ertsgaard's office, she had been followed in by McMullen, and told to get out of the courthouse immediately or she would be arrested. Pamela told McMullen she would leave as soon as she got the judge's order. As Pamela approached Ertsgaard's doorway, McMullen violently attacked her, threw her to the floor and maced her. It is outrageous and the OREGON OBSERVER condemns Marion County for allowing armed Thugs like Lt. Sgt. Dave McMullen to continue to attack innocent citizens of this state who are fighting to restore Constitutional Rights to the citizens of this state.

The arrest statement is printed below, and two concurred that judge Avera is guilty of the crimes of Trespass of Treason to the Constitution and Misprision of Felony. This document, signed by thirteen people, now is in the hands of an office in the Pentagon of Military Authority to defend the Constitution under federal laws to prosecute this judge for CONSTRUCTIVE TREASON.

Editor's Note: The Gastons and courtwatchers left the courtroom after arresting judge Avera and charging him in open court on the record. Avera immediately quashed all Gaston's subpoenas, denied all Gastons motions, allowed previously discredited witnesses and perjured testimony that has been discredited in past hearings on the record, and unlawfully terminated parental rights of Wilbur Gaston, and stated that Melissa will be adopted out, as was a foregone conclusion that he would, as every ten other judges have before him. No matter what the STATE presents, it gets protected by corrupt judges acting in the best interest of the STATE regime. The Gastons have been told that Melissa has already been adopted out, before parental rights were terminated. All actions of the court are void, and will be dealt with in the Ninth Circuit Court of Appeals, where the rest of the Gastons cases are now pending.

The Gastons, in a press release two days ago called the "Killing Floor," described every detail of how the sham proceedings and Alice in Wonderland Court take the children from the families without due process. The court, and Avera followed their script to the letter in this hearing. After the termination was decided, a wave of fear swept the courtroom. Courtwatchers reported that counselor Nancy Link, who has vacated her office without a forwarding address in the last month, requested armed guard to leave the courthouse. The other members of the court spoke to each other of being in fear for their lives, not of Wilbur Gaston, but of the people who are affiliated with him. Finally these criminals and perverts are realizing that they cannot make this go away by destroying Will Gaston and his family, and now the public outrage is a rising tide.

The people are demanding their Constitutional rights and accountability, now that they see how the SOSCF operates in these corrupted courtrooms. The Gastons' case has exposed and documented the practices of concealing all evidence of STATE abuse as they routinely sexually abuse the children in foster homes and cover up these acts, and protect the criminals, to prevail in taking children from their families and profiting from this.