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Old 12-06-2010, 05:29 PM
 
21 posts, read 46,459 times
Reputation: 14

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A Lexington, Kentucky judge has placed a man in jail without bond for blogging about his current and most recent court case. Prosecutor, Bobby Gullette, from neighboring Nicholasville, spotted Lucian's blog and immediately filed for a hearing asking that Kavanaugh be detained and punished for expressing his right to freedom of speech. At issue, in addition, was a warrant for Lucian's arrest that was carefully arranged through creative scheduling and re-scheduling by Gullette.
Pleas Lucian Kavanaugh was falsely accused and acquitted of a crime in Lexington, Kentucky. Kavanaugh then filed a civil case against the city of Lexington. From that time Lucian has been keeping a careful watch and low profile due to constant harassment from the police department.
The most recent case is an obvious case of false arrest. The victim described a "6'4", light-skinned black dude with gold teeth, green eyes and hair". Lucian is about 5'10", medium tone skin, maintained natural teeth, brown eyes and bald. The officer who identified Lucian from this description was involved in previous cases regarding Lucian; and lost. She is currently being reprimanded for improper police work.
Additionally, a multi-million dollar camera system with 16 cameras failed to catch Lucian on camera once that day. Also missing is the alledged kidnapping attempt from the videos. In fact, Lucian and his attorneys have not been shown any evidence that would support the charges. Cameras and video tend to be used by prosecutors when they help their case. However, when they harm the prosecution's case, they tend to disappear or "malfunction" during the period of time in question.
Here is the Motion to Revoke Bond from Prosecutor Gullette:
Kavanaugh Pleas - Motion to Revoke Bond
It is clear by reading the motion that Gullette wishes to punish Kavanaugh for expressing his opinions about his re-occurring harassment by means of his blog and internet news sources such as Examiner.com.
Please read the First Amendment and subsequent Supreme Court decisions so you may understand why this is a dangerous precedent being set by Lexington Judge Ernesto Scorsone and Prosecutor Gullette.
CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.
The Bill of Rights to the U.S. Constitution was ratified on December 15, 1791
“Censorship reflects a society’s lack of confidence in itself. It is a hallmark of an authoritarian regime . . . .” — Supreme Court Justice Potter Stewart, dissenting Ginzberg v. United States, 383 U.S. 463 (1966)
“The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.” — Supreme Court Justice Robert Jackson, West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
“First Amendment freedoms are most in danger when the government seeks to control thought or to justify its laws for that impermissible end. The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.”—Supreme Court Justice Anthony M. Kennedy, ******** V. Free Speech Coalition
“Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears.” — U.S. Supreme Court Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U. S. 357 (1927)

Lucian is being held without bond until February 23d, his court date, primarily for expressing his beliefs about his current and past encounters with the justice system online. Freedom of Speech extends to the internet equally the Supreme Court has ruled.
In a 9-0 decision, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, a decision which struck down portions of the 1996 Communications Decency Act, a law intended to outlaw so-called "indecent" online communication (that is, non-obscene material protected by the First Amendment). The court's decision extended the same Constitutional protections given to books, magazines, films, and spoken expression to materials published on the Internet. Congress tried a second time to regulate the content of the Internet with the Child Online Protection Act (COPA). The Court again ruled that any limitations on the internet were unconstitutional in American Civil Liberties Union v. ******** (2002).
Kavanaugh's incarceration will cost the taxpayers about $60 per day or a total of $5640. In today's financial climate it is not only unnecessary but fiscally irresponsible to incarcerate those that pose no threat to society and are not a flight risk. Lucian's appearance November 19th at 1:00 PM for this hearing shows he had no intent to flee, evade or miss his court dates.
With this in mind it can only be concluded that Prosecutor Gullette's intent is not to ensure that Kavanaugh appears by revoking the bond and incarcerating him until his court date. Rather, it seems, Lucian is being punished for expressing his Freedom of Speech and publishing his story in his blog, Facebook and on various newsites. This effectively makes the First Amendment merely a piece of paper containing ideals that may or may not be followed by our current justice system.
The jail's website has Lucian listed without a release date. In order to view the inmate you must register, enter your name and e-mail address before you are allowed access. Then go to the Public Records link and click on the Current Population drop-down tab. Next, enter Kavanaugh in the search engine.
I assume this technology could be used to track visitors to inmates accused of crimes and then perform intel on their friends (associates). I assume this because I visited Lucian's page twice yesterday and attempted to perform a screenshot for my story. I have now been locked out of the inmate page on the site. This may be temporary but it sure caught my attention.
Lucian needs your help. America needs your help. Justice needs your help. We cannot sit idly by while our freedoms and rights are continually trampled on by a government gone astray.
Don't think this can happen to you? It happened to me, Debbie Wardlaw, Glenn Doneghy and Pleas Lucian Kavanaugh to name just a few.
Please make your voice heard. I have contacted Rev. Al Sharpton, Rev. Jesse Jackson, the Rainbow Coalition and the NAACP. I will continue to contact civil rights organizations and legal representatives until justice is served.
Will you do your part and contact these organizations and others and let them know that the First Amendment must not be violated?
Freedom of Speech is essential in a free country and punishing the accused for voicing their case is a gross violation of this right.
“Almost all human beings have an infinite capacity for taking things for granted.” — Aldous Huxley, author of Brave New World
Don't take your freedom for granted. We must stand up for our rights even when we are not directly involved. Make a call or write a letter and demand that Lucian be set free until he can prove his innocence in a courtroom.
Lexington City Council: councilmembers@lfucg.com
Judge Ernesto Scorsone: 859-246-2531 or write
Circuit Judge
Robert F. Stephens Circuit Courthouse
120 North Limestone
Lexington, KY 40507
Rev. Al Sharpton: email: info@nationalactionnetwork.net (on subject put: Attention Reverend Al Sharpton.)
Phone # 212-690-3070
Write a letter:
National Action Network
106 W. 145th St.,
Harlem, New York 10039
Rev. Jesse Jackson: Email: info@rainbowpush.org
Rainbow PUSH National Headquarters
Chicago
General: 773-373-3366
Constituent Services: 773-256-2723
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