May 2nd, 2006 From FFF to the FWC:
Dear Colonel Jones,
...13 times to court before they dropped the charges against 90 year old Mr. Johnny Osteen of Cross City.
According to Mr. Osteen...
The FWC refuses to return his net and pay for the fish they confiscated.
No net in Florida is contraband on land.
Mr. Osteen has an RS and was arrested on a weekday.
I'm sure he'd appreciate different news .
Johnny Osteen, (352) 498-4228, Suwannee Lumber Rd, Cross City, FL 32628
From Fishing For Freedom
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May 5th, 2006 From the FWC to FFF:
Dear Fishing For Freedom,
On behalf of Colonel Julie Jones,
This case has not been dismissed. The FWC will complete proper
disposition upon conclusion of the case in the court system.
Thanks,
Captain John Burton
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May 5th, 2006 From FFF to the FWC:
In addition to it being absolutely shameful this 90 year old man had to show for court 13 times on a clearly "bad case," the FWC needs to get it's act together. The CASE WAS DISMISSED ON April 24th and Mr. Osteen's letter from the judge verifying dismissal is dated MAY 2, 2006. Mr. Osteen is in possession of the letter from the Judge that dismissed it. In addition to 13 trips to the courthouse for no reason other than intimidation, Mr. Osteen made two additional trips to recover his net and money ($1.00 a lb. is the going rate for mullet) owed him for the illegally confiscated mullet that were headed for a retarded children's home. We started covering this case since day #1 to show the public exactly what the FWC is doing to our (mostly) elderly citizens that don't have the money to hire a pricey attorney. We have plenty of similar cases.
Out of 2,500 arrests that I made in the past, I have never failed to show up at a single court date. The false arrest made by Officer Kenneth Norris upon me in 1996 forced me to show up at 7 hearings with the officer never appearing after he knew I was 100% legal and could prove it. What's new? Obviously we've proved by covering this case daily that nothing has changed in 10 years. Dave Grix AMERICAN Citizen Fishing For Freedom
10 years ago: http://fishingforfreedom.net/FWC-Abuse-of-VP
Today: http://fishingforfreedom.net/90-year-old-Johnny-Osteen-s-case-dismissed-FWC-follies-continue
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May 5th, 2006 From the FWC to FFF:
On behalf of Colonel Julie Jones,
Upon further review after receiving your e-mail, we have determined the case was dismissed. We apologize for the confusion. When the previous response was sent, we were told by the State Attorney’s Office the case had not been dismissed. The FWC will complete proper disposition of the case and will be in contact with Mr. Osteen regarding the return of his net.
Thanks,
Captain John Burton
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5/08/06 FFF Comment ... Apology accepted about FWC "confusion." BUT... What about paying for his wrongfully confiscated catch? How many children were deprived of the wholesome seafood this productive citizen would have provided them last year?
And so, "my fellow Americans," this is how our innocent veterans that happen to be commercial fishermen are treated by the corrupt FWC. We chose to follow this specific case one year ago to show the unaware public exactly what we have claimed is happening to our community. I think we have proved OUR case beyond any reasonable doubt. The FWC must be abolished to restore our constitution and it's protections to the way our founding fathers intended it to operate. This IS America.
Mr. Osteen was told to return to the courthouse the next day to pick up his nets.The following day when he arrived at the courthouse, he was told to make the 100 mile round trip to Crystal River's FWC impound to collect his gear. The FWC refuses to release the net. Note FWC... It is not illegal to OWN ANY net in Florida. Return this man's net and pay the money you owe him for the confiscated legal mullet. Fishing For Freedom
"thanks for sharing this. I will look into it.
jeb"
Image: This is sad. Very sad.
L to R. Meet Mr. Morris Jerrells, Mr. Johnny Osteen and Mrs. Osteen. This photo was taken by me after Mr. Osteen's 4th or 5th delayed trial back in NOVEMBER ... THEN DECEMBER ... THEN JANUARY ... NOW FEBRUARY ... NOW MARCH :(
Mr. Osteen, 89, drove his truck, boat, net and fish to a "Jiffy Store" to get a Coca-Cola several miles away from the boat ramp. As he exited his truck, an FWC officer told him that "It was reported" that he had a gill net and mullet on the boat. Mr. Osteen, did have mullet on the boat that he was taking to a retirement home on a weekday. (Town people say he was taking the mullet to a retarded children's home.)
1. The officer did not have a signed affidavit for probable cause to initiate a stop on a "reported" misdemeanor charge. (Florida law.)
2. The officer never issued a Miranda warning.
3. The officer questioned Mr. Osteen without a Miranda warning and wrote a citation on the information obtained.
4. The officer charged Mr. Osteen with "simultaneous possession of a gill net and mullet."
......A. Mr. Osteen has a restricted species endorsement for as many mullet as he can catch on weekdays.
......B. Mr. Osteen's net was NOT a gill net according to FS 370.093(2)(b).
......C. Mr. Osteen was arrested BEFORE July 1, 2005 when the law that made his net a gill net went into effect.
......D. Despite State Attorneys in Tallahassee refusing to prosecute similar cases DUE TO THE LAW, the FWC felt it was fitting to arrest Mr. Osteen, confiscate his nets and fish anyway.
5. The officer that allegedly made the initial report to the eventual arresting officer, never made the arrest himself or appeared at the arrest scene. Hmmmmmm.
6. I contacted FWC Commander Julie Jones about this case, who in turn, gave the information over to another Colonel. (CYA anyone?) The Colonel stated he wouldn't drop the case despite my pointing out several FWC violations of law and Mr. Osteen's civil rights.
What else should we expect from the FWC. After all, their commander admits to condoning the arrest of citizens and charging them with FELONIES under proposed laws. (We have the proof.) We know who belongs in jail, and it isn't Mr. Osteen. I believe this was the fifth time Mr. Osteen has had to appear downtown on this case. The trial is "allegedly" scheduled for December. (AS I SAID FOLKS, "ALLEGEDLY" SCHEDULED FOR DECEMBER. IT HAS ONCE AGAIN BEEN POSTPONED UNTIL JANUARY...NOW FEBRUARY.) Is this how Mr. Osteen should spend his time, hoping that the FWC will eventually show up for a bad case? Many of us know that trick all too well. Mr. and Mrs. Osteen, and Mr. Jerrells appreciate your prayers. To the FWC: This is the way YOU treat a person near 90 years old? :( Your agency needs to be investigated by the Department Of Justice.
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