Tradesman Parker refuses to plea, rejects lawyer bid as Sheriff Wilson stacks charges

The Parker criminal prosecution is being handled by Patrick Clements, the state assistant solicitor, right. (Photo David Tulis)
Kasee Parker stood next to her husband before Judge Billy Mullinax as the accused insisted he could not enter a plea without knowing the nature of the charges against him, attached after a rectal cavity search in a Walker County traffic arrest. (Photo David Tulis)
Gregory Parker talks with Brooke Hamilton, who attended Mr. Parker’s preliminary hearing in Lafayette, Ga., with her husband, Josh. (Photo David Tulis)
Gregory Parker leaves the judge’s dais in Walker County, Ga., as he is prosecuted for using the public right a way as a matter of right under the state’s shipping regulations. (Photo David Tulis)

LaFAYETTE, Ga. — A growly voiced welder stands with his wife in front of a judge in Walker County and defies the court’s jurisdiction in a traffic prosecution topped by a rectal cavity search in service of Sheriff Steve Wilson.

By David Tulis / NoogaRadio 92.7 FM

Gregory Parker refuses to  enter a plea because he doesn’t understand the cause and nature of charges against him in a case in which Sheriff Wilson’s deputies impose the state’s shipping and freight regulations on one who insists his job site is not the roadways and byways of Georgia.

Judge Billy Mullinax goes to pains to tell Mr. Parker, bearded and wearing a T-shirt and scuffed boots, how an attorney would help him. An attorney would help devise defense strategy, assist in selecting jury members, examine witnesses, would be “helpful in a lot of ways.” 

Mr. Parker is leery. There is no evidence in the June 16 Father’s Day arrest, no evidence that he was involved if any business on the road and that he will not enter a plea on account of the court not having been given jurisdiction by lawful use of police power by Sheriff Wilson. 

The legal system chops up its causes to continually bring accused people back for one more hearing — a motion hearing, an evidentiary hearing, a motion hearing, and then, finally, maybe, a trial.

Judge Mullinax says he is not here today to argue any of the merits of the case but to get a plea. He asks Mr. Parker if he is standing mute on the plea.

Judge Mullinax forces the issue of a plea, giving Mr. Parker but two options.

Guilty or not guilty. Two other of five possible pleas one can rightly claim are nolo contendere (no contest) and standing mute on the plea. Mr. Parker, like Christ before Pilate, is effectively standing mute on the plea, denying jurisdiction. 

Mr. Parker declares his rejection of the choices and the venue as legally improper and premature. He shakes his head in answer to one question. Standing to his left is his wife, Kasee, mother of their young daughter.

Around them, a bevy of bailiffs, court officials, and a lanky white-headed assistant solicitor and prosecutor, Patrick Clements, wearing a blue blazer under which peeks an untucked white shirt.

“We’re not here to argue the case. Are you standing mute of the plea?” the judge appears to say. So will Mr. Parker enter a not guilty plea? 

“I object,” Mr. Parker says. 

“Objection noted,” the judge says. The judge says he is going to enter on Mr. Parker’s behalf a not guilty plea. “You are not my attorney. I object,” Mr. Parker, adding that says only he or his attorney can properly enter a plea and that he objects to the judge practicing law his behalf.

Mr. Parker turns his bearded jowls to the remainder of the 160 people who filled the gallery earlier this morning.

“The judge is entering a not guilty plea on my behalf,” he says in a loud voice to the 30 souls in the courtroom. 

An official reads a statement that says the judge is “preserving his rights” and entering a not guilty plea.

The Parkers quit the state court in which the welder and tradesman is being accused of violating the state freight and shipping law, though Mr. Parker is not involved in either activity. (Photo David Tulis)
The Internet, cellphones, laptops and private means of communications are banned at Walker County courthouse in LaFayette. Apparently no reporter has approached Judge Mullinax in the Saturday misdemeanor docket for permission to use digital equipment to report. (Photo David Tulis)

Chummy aid, or prosecutor?

At a meeting before court begins, this reporter makes a request to Judge Mullinax that is apparently without precedent. And that is that he be allowed to use a laptop and camera in court for news coverage. No member of the press has done that before, the judge says. Not even the Walker County Messenger, a newspaper? I ask. Hasn’t been done before.

Judge Mullinax sits in shirtsleeves behind a stack of open law books. I sit opposite with empty hands, my briefcase and laptop behind the guard’s desk at the highly aggressive security entryway from which all wireless phones are banned. 

At left is Deputy Bill Bowman, a raspy-voiced lanky former state trooper who has come out of retirement to serve Sheriff Wilson. At right is a tall man in white shirt and red tie, whom I take initially to be a chief clerk.

That man is Mr. Clements, the prosecutor. The men wish to know which case I am following so they can dole out permissions in use of laptop and camera. They suggest that it would be good to know my subject so they might massage the list and avoid my having a long wait — some dockets go eight hours, they warn. I reveal the identity of Mr. Parker. Mr. Clements goes over the printouts of cases and finds his name.

“This is one of those sovereign citizen cases,” says the assistant solicitor.

That slur — with defense counsel or the defendant absent — and possibly that meeting itself is called an ex parte communications, prohibited by Georgia’s code of judicial conduct at Rule 3.4. “Judges shall not initiate, permit, or consider ex parte communications, or consider other communications made to them outside the presence of the parties, or their lawyers, concerning a pending proceeding or impending matter” subject to exceptions.

This document, signed on behalf of accused family man Gregory Parker, ordains that he pleads not guilty to five charges under the Georgia shipping, freight and transportation law.

Mr. Clements, taking a smoke outside afterwards under a court portico, says he worked 33 years as solicitor and has come back to help out. Courts have ruled against Mr. Parker’s defense, he says. The accused is a “sovereign citizen” who claims he doesn’t have to abide by state laws that bind everybody else. Mr. Clements says he is applying Georgia Code 40-6 upon Mr. Parker, that being the transportation code. Title 40 applies to all cars and trucks on the road, none excepted, Mr. Clements says.

The solicitor Mr. Parker’s reservation of rights by exaggerating the dangers of what is effectively a common-law system that would keep the peace on the roadways. Mr. Parker says he can ignore stop signs, Mr. Clements declares; he can ignore red lights, he can use the left side of the road if he wants to as long as he doesn’t want to kill anyone doing it. 

‘Becoming criminals themselves’

Steve Wilson, sheriff of Walker County, Ga., strip searches a man in a traffic case, using deputies to stop Gregory Parker without apparent probable cause and without a warrant. No drugs are alleged in his case. (Photo Walker County sheriff’s office)

Sheriff Wilson has stacked charges against tradesman Mr. Parker. According to Mr. Parker, they are:

➤ Driving on improper registration

➤ Driving without license

➤ No proof of insurance

➤ Obstruction of an officer

➤ Failure to register vehicle

Mr. Parker says the government “is trying to enforce *** federal regulations and codes on me.” 

Is Mr. Parker certain that on June 16 he was not involved in commercial activity on the road and thereby giving jurisdiction for a transportation arrest?

“Absolutely positive I was in no commerce. And the deputy at the time did not obtain any evidence, or question about any evidence, or sought to find any evidence as proven that I was in any activity, for-hire or commercial activity.” 

“I make my money on the job, not on the road,” Mr. Parker says, “and that’s where the line is made in the sand there, when it comes to that commercial activity — the public interest not at hand in any of my actions I do when I am out on the public right of way, and all these actions these deputies are taking against the people in their private capacities on the public right of way are actually breaking the law, becoming criminals themselves in violation of our rights with these unlawful arrests that start with the [traffic] stop.”

Mr. Parker says he is not discouraged by the rulings of high courts that appear to deny any right of free communication on the roadways. The officials act by custom “because there is no one checking them, because what they are doing is unlawful and unconstitutional, depriving the people of these states of their natural and constitutional rights,” using “deceptions and trickery *** trying to have the appearance of government.”

Gregory Parker looks over to Patrick Clements in a delay in proceedings in criminal court Saturday in LaFayette, Ga.
The charge of obstruction by Deputy Chris Dye fails to narrate any facts in the terms of the statute, and is vulnerable to being attacked as insufficient.
In Georgia, one cannot drive a motor vehicle for which the registration of the car as a motor vehicle is suspended. Mr. Parker says the state has no proof he was driving, and that he was only traveling the Sunday he was arrested and strip searched.
Georgia, like Tennessee, requires insurance for all commercial motor vehicles. Was the pickup trick steered by Gregory Parker a motor vehicle in commerce? That question is the framework and theory of Mr. Parker’s defense in coming proceedings in Walker County.
Georgia’s allegations against Gregory Parker are in terms of its administrative law controlling use of for-profit commercial vehicles on the people’s roads, highways and freeways. Sheriff Steve Wilson indicates no roads in Georgia are free.
Georgia courts are locked down against exposure by people with cellphones, cameras, recording devices, iPads, laptops and other modern equipment that give the public an inside view of what happens in closed systems. (Photo David Tulis)
A summary of State of Georgia’s claims against a soft-spoken married man and welder, Gregory Parker, who insists he has not caused any offense whatsoever by the private use of his car for private purposes on the people’s roads in Walker County, Ga.
The David Tulis show is 1 p.m. weekdays, live and lococentric.

Get your TAN now: Transportation Administrative Notice creates cause of action vs. cops, traffic court defense

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