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Spotsylvania County – The Herb and Matthew Lux Story

June 12, 2011

Written by Herb Lux

Corruption is alive and well in Spotsylvania County with Sheriff Deputies, the Commonwealth Attorney and Judges violating the law.

On January 3, 2010 my son, Matthew Lux prior to watching a football game, went outside to do some target shooting with his pistol.  It was about 8:00 pm in the evening, checking out his tac light on his pistol for night shooting.

After falling asleep watching the game he was awakened a little after 10:00 pm to two Spotsylvania County Sheriff Deputies illegally inside his house with their guns drawn at his bedroom door attempting to cover his security camera with a pair of shorts.  With great concern, he was scared, I could hear it in his voice, he called me and asked if I would come over right away to find out what was going on.  I immediately left and went to his home.  The Deputies on the scene wouldn’t tell me what was going on and instead I was put in handcuffs and searched and told it was a crime scene and I needed to leave or I would be arrested.  I told them they had better conduct themselves according to the law.  Feeling helpless, I left.

I found out afterwards that there were more than 20 officers involved that night with a swat team at my son’s house ready to kill him with no investigation.

Video of SWAT team inside Matthew Lux’s house:

What had taken place was that while my son was out target shooting a guy by the name of Matt Elder had stopped by and saw that Matthew was out shooting and called in a false police report about an hour later saying he had been shooting at him.  He had worked for my son, on and off for a few weeks in the fall of 2009, doing some small engine repair until he was fired for stealing.

On the morning of January 4, 2010 Detective Jones, of the Spotsylvania County Sheriff Department left a Search Warrant that he executed at 2:07 am after deputies had already been illegally in the home since just after 10:00 pm, and on numerous occasions throughout the night including the swat team and a dog.

With the Sworn Affidavit of the Search Warrant that contained what was alleged to have taken place in the evening of January 3, 2010 by Matt Elder, my Son and I met with the Commonwealth’s Attorney, William F. Neely.  We met with him January 28, 2010 to show him how what was alleged couldn’t have taken place and mentioned the wrong doing by the Sheriff Deputies and the illegal entry of the home.  He was also told this was contained on the lap top that had been taken by the Sheriff Deputies.

A preliminary hearing was held on March 16, 2010 where the story was now changed after meeting with the Commonwealth’s Attorney.  The alleged incident now happened at the back door instead of the front door as stated in the Affidavit for Search Warrant, apparently to try to cover up the illegal actions of the Deputies and use Elder to accomplish this goal.  The accuser, Matt Elder gave false testimony and so did Deputies that can be shown by the transcript of the trials.  Although Neely was made aware of this so there could be no doubt of what had taken place he continued to pursue these false charges and a final trial was held January 31, 2011 where my son was acquitted of all felony charges and convicted of 1 misdemeanor, for reckless use of a firearm.  Neely had brought 4 false charges against Matthew, one for attempted malicious wounding, one for the use of a firearm in the commission of a felony, one for brandishing and one for shooting in a public place which was changed at the preliminary hearing/trial held March 16, 2010 to the reckless use of a firearm.

The illegal activities of the Sheriffs Deputies and a lot of what took place that night was captured on my sons lap top from his security cameras.  It was seized on the morning of January 4, 2010 by Deputies and was illegally kept for more than a year under the direction of the Commonwealth’s Attorney, William Neely until February 1, 2011 the day after the final trial of January 31, 2011.

On January 31, 2011 evidence was presented to show the allegations brought against Matthew were false.  Regardless of Mr. Neely’s oath of office and his responsibility to uphold the truth he made false statements to the jury to undermine the truth.  He stated, “That evidence was planted and photographed and brought in here to make the defendant’s version match up with what they want you to believe that Matt Elder made all this up to frame Matt Lux and the sheriff’s department and my office went along with it.”  He made these statements although there was no evidence to support them.

Matthew has appealed the conviction of the one thing he was found guilty of, reckless use of a firearm.

Herb Lux is Falsely Arrested March 13, 2011

On March 2, 2011, after doing some investigation I started to contact some citizens to find out if they had sat on the jury in the trial of my son on January 31, 2011.  I thought their prospective of the trial would be very helpful. I thought these people would be really upset if they knew they had been used by Neely to get a false conviction because of his lies and deceit.

On March 3, 2011 I found an order from the Circuit Court that had been placed on my door from the Judge that had heard Matthew’s case, Judge David H. Beck.  The order was issued pursuant to Virginia Code Section 19.2-263.3,  Juror Information Confidential.  The jury had already been released on January 31, 2011 a month before.  These people were no longer jurors.  Judge Beck, joining with the Commonwealth’s Attorney, William F. Neely to try to keep me from exposing the illegal actions that had already taken place in court, sent this illegal order hoping to intimidate me and stop me from exposing the truth.  I sent the Judge a letter and told him I took his order as a threat of intimidation to keep me from exercising my constitutional rights in violation of Title 18 USC 241.

I was out on the weekend of March 12, 2011 again talking to some citizens to see if they had sat on the jury and get their prospective etc..  I was stopped by a Lieutenant Dunavant and by a Sergeant B. Harvey and told I could not talk to any of these citizens under the direction and with the aide of Commonwealth’s Attorney, William Neely or I would be arrested.  I told them they could not tell me who I can talk to and if they pursued such action they would be guilty of violating my right of association and title 18 USC 242 Acting Under Color of law which would expose them to criminal charges.

On Sunday March 13, 2011, after Church, I again went out to talk to some citizens to see if they had sat on the jury.  While I was talking to who I think is the husband of Deborah Dama who sat on the jury, two deputies came and arrested me.  I told them if they arrested me it was a false arrest.  They did it anyway, again joining with William Neely.  I asked to have my car moved from this person’s driveway so I could have someone pick it up.  They refused and said they were having it towed away.  I was put in the back of Deputy Harvey’s Patrol Car.  I then watched Deputy Harvey put some papers that I had in my car on her passenger seat.  I said you can’t just go into my car.  She said we have to do an inventory of your car because it’s being towed.  I told her you can’t circumvent the 4th amendment to the U S Constitution that protects us against illegal searches of our person or property by towing my car.

I was charged with two false charges and am out of jail on a $2500 bond.  Sheriff’s Deputy Sergeant B. Harvey the arresting officer gave an audible groan when the magistrate gave me a personal recognizance bond.  One charge is for an alleged violation of Virginia Code Section 18.2-460 Obstructing Justice, which says, “Knowingly attempt to intimidate or impede by threats or by force a juror lawfully engaged in duties as such.”  The jury sat on January 31, it was now March the 13, 2011.  They had been released as jurors on January 31, 2011 a month and 1/2 before.  The second charge is for an alleged violation of Virginia Code Section18.2-119 Trespass, Trespass upon the property of Deborah Dama, after having been forbidden to do so by an authorized individual.  The only ones who said I could not go to see these citizens were the Deputy Sheriff’s under the direction of William F. Neely because he was trying to keep me from exposing his illegal actions.

I filed several motions that were to be heard on April 4, 2011 in General District Court. One to have the Commonwealth’s Attorney removed from any hearings regarding me because of a conflict of interest and his lack of honesty and violations of the law he has been engaged in. The second was called a Bill of Particulars to specifically describe how I violated the law and the third was for the return of seized property.  I had been recording all the conversations I was having for my protection and the Commonwealth’s Attorney told Deputy Harvey to seize my recorder.

On March 25, 2011 I asked the Clerk of the General District Court to subpoena four witnesses for the hearing for Monday April 4, 2011.  On Monday March 28, I checked with the Clerk about the witnesses being subpoenaed and was told that the Judge told her she could only subpoena one.  I said he can’t decide who I can subpoena as a witness.  I sent a letter March 29, 2011 to the Clerk and a copy to Neely reiterating the request for the witnesses to be subpoenaed stating it would be a violation of my rights under the US Constitution the Virginia Constitution and the laws of Virginia if they were not subpoenaed.  The Clerk gave the letter to Judge Levy.

On March 30, 2011 I was told that Judge Levy was not going to hear the motions and the hearing for Monday was cancelled.  Judge levy was contacting the Supreme Court to have a different Judge assigned.

On March 30, 2011 William Neely filed a legal Motion to Quash to keep my witnesses from being subpoenaed for the hearing on April 4, 2011 to try to cover up his illegal Motion that was already approved on March 28, 2011..

On March 31, 2011 I received in the mail from the Clerk of General District Court, Kyra Bullock an e-mail from Commonwealth Attorney, William F. Neely to Judge Levy asking him to, “kindly consider this to be my motion to quash his subpoena request…”  This e-mail has a notation by Judge Levy granting Neely’s illegal e-mail Motion to Quash signed by him March 28, 2011.  It also contained a copy of the letter dated March 25, 2011 I had sent requesting subpoenas to be issued to 3 deputies and the Commonwealth’s Attorney.  The letter shows a no, yes, no and no beside the witnesses I subpoenaed signed by Judge Levy March 28, 2010.

On April 2, 2011 I received a Disqualification Order approved by Chief Judge, Frank L. Benser dated April 1, 2011, from the General District Court.

Now it becomes clear why Judge Levy decided he wanted to get out of this case.  He had already made an ex parte, illegal ruling, on behalf of Commonwealth’s Attorney, William F. Neely.

I now have a hearing on June 16, 2011 at 8:30 am on a Motion to Recuse the Commonwealth’s Attorney, William F. Neely for cause where I will expose his illegal actions.

I have video recordings, audio recordings, scanner tapes, pictures, orders, and transcripts of all the illegal actions that have taken place.

Please come out and fill the Courthouse with Citizens who want to help expose this corruption.  Location, 9101 Courthouse Road Spotsylvania, VA 22553, picture below.  It affects everyone.

Thank you.

Herb Lux

President

http://www.AmericanPatriotsCommittee.com

540-846-8212

hlux@AmericanPatriotsCommittee.com

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8 Comments leave one →
  1. July 19, 2011 11:28 am

    I am posting this series of e-mails from Joe Kee relating to the Herb Lux legal matters.
    John K Rooney
    ——————————————————————————————-

    To “BCC Friends” who responded to Joe Kee’s E-mail subject, “TRYANNY in Spotsylvania County, VA” (June 11, 2011):

    Friends,

    I should have sent you a more nearly complete update on Herb’s situation but here is a partial one.

    Herb was ILLEGALLY arrested on March 13, 2011.

    Herb told the arresting officer that she personally would be held criminally responsible for violating the law if she arrested him. This past week, Herb swore out 5 arrest warrants for her and also 5 arrest warrants for the Commonwealth Attorney who is the main instigator of such violations of Herb’s, and all citizens’, rights as documented in the Virginia Code and the U.S. Constitution. This is a tremendously important action as it will be an example for others in similar circumstances.

    The recent communications below can best be understood by reading the bottom entry first, then progress upward.

    Since these events are within Spotsylvania County, it’s officials would have difficulty arresting their own. Herb has appropriately asked the Circuit Court Clerk to have the warrants processed and served by the Virginia State Police. The most recent event is that the Circuit Court Clerk said to Herb that she wants to check with the Attorney General’s office because this is such an unusual situation. Herb quoted the law to her whereby she is REQUIRED to issue the arrest warrants upon probable cause. The cause is not probable because Herb is using documented facts.

    These events are occurring so rapidly that I have difficulty following them, much less reporting them. If you would like to have a more detailed and updated information, call me at 757-487-6777 or, better yet, call Herb at 540-846-8212.

    Your interest and concern is appreciated by those who love liberty.

    “That Freedom Shall Not Perish”,

    Joe Kee

    —–Original Message—–
    From: Herb Lux [mailto:hlux@AmericanPatriotsCommittee.com]
    Sent: Wednesday, July 06, 2011 8:56 AM
    To: Herb Lux
    Subject: FW: Code Sections

    Thought this would be of interest.

    From: Herb Lux [mailto:hlux@AmericanPatriotsCommittee.com]
    Sent: Wednesday, July 06, 2011 8:29 AM
    To: ‘Christy Jett’
    Subject: RE: Code Sections

    Good morning Christy,

    I appreciate you contacting me. I understand the necessity of being available for auditor’s questions and I wouldn’t expect to keep you from answering pressing questions. I suspect you have done a diligent job with the office so I would hope it would not be that difficult for the auditors. I have the paper work prepared so this will only take a short time. It is a serious matter that needs to be addressed immediately. Many others are watching to see your response to issue appropriate arrest warrants for violators of the law. I have said that you would be impartial and do the job as called on by your position as Circuit Court Clerk. If the auditors can not do with out you for a few minutes to allow you to do your job, when called upon, we need to put in a complaint for their lack of competence and have them replaced. While they have a job to do they are to be competent in doing it and not totally upset the Clerks responsibilities.

    In the spirit of cooperation, I ask that we be able to meet to get this finished in the morning, Thursday July 7 at 10:00 AM or later in the day. This will have given the auditors a couple days head start.

    Best regards,

    Herb

    From: Christy Jett [mailto:CJett@spotsylvania.va.us]
    Sent: Tuesday, July 05, 2011 10:03 AM
    To: hlux@AmericanPatriotsCommittee.com
    Subject: RE: Code Sections

    Herb,

    While I was off on Friday, I received a phone call from Leslie at The Auditor of Public Accounts. Leslie informed me that it is time for the yearly audit of the Clerk’s Office and she would be arriving to my office this morning to get started. When auditors are in my office I need to be readily available to answer any questions they may have. Their audit typically takes a week and a half to two weeks to complete. Due to the auditors being present, I will not be able to meet with you tomorrow. If time is of the essence, 19.2-71, does allow for a district court clerk to issue process for the arrest of a person. Otherwise, I will be happy to take the information once my audit is completed.

    All my best,

    Christy Jett

    _______________________________

    Christalyn Mitchell Jett

    Clerk of Court

    Spotsylvania Circuit Court

    P.O. Box 96

    Spotsylvania, VA 22553

    (540) 507-7600

    fax: (540) 582-2169

    >>> “Herb Lux” 6/30/2011 12:36 AM >>>

    Christy,

    How about 9:00 Am on Wednesday.

    Thanks.

    Herb Lux

    From: Christy Jett [mailto:CJett@spotsylvania.va.us]
    Sent: Wednesday, June 29, 2011 4:35 PM
    To: hlux@AmericanPatriotsCommittee.com
    Subject: Re: Code Sections

    Herb,

    Unfortunately, I am tied up tomorrow with a meeting regarding our move to the new Circuit Court building. I am out of the office on Friday and Monday is a holiday. Are you available to meet Wednesday or Thursday of next week?

    As I stated in our meeting yesterday, I will take the information that you wish to provide me, but I will not make a decision the day that the information is provided.

    Please let me know if Wednesday or Thursday of next week works with your schedule.

    All my best,

    Christy Jett

    _______________________________

    Christalyn Mitchell Jett

    Clerk of Court

    Spotsylvania Circuit Court

    P.O. Box 96

    Spotsylvania , VA 22553

    (540) 507-7600

    fax: (540) 582-2169

    >>> “Herb Lux” 6/29/2011 8:50 AM >>>

    Christy,

    Here are a couple of code sections regarding a warrant of arrest. I thought they would be helpful.

    Please let me know a time we could come down tomorrow and give the complaint on oath as required by 19.2-72 and the warrants issued as directed by such section. “If upon such examination such officer finds that there is probable cause to believe the accused has committed an offense, such officer shall issue a warrant for his arrest..”

    Thanks for your help in these most serious matters.

    Herb Lux

    540-846-8212

  2. September 28, 2011 3:55 pm

    Updated September 25, 2011

    Corruption is alive and well in Spotsylvania County with Sheriff Deputies, the Commonwealth Attorney and Judges violating the law.

    On January 3, 2010 my son, Matthew Lux prior to watching a football game, went outside to do some target shooting with his pistol. It was about 8:00 pm in the evening, checking out his tac light on his pistol for night shooting.

    After falling asleep watching the game he was awakened a little after 10:00 pm to two Spotsylvania County Sheriff Deputies illegally inside his home with their guns drawn at his bedroom door attempting to cover his security camera with a pair of shorts. With great concern, he was scared, I could hear it in his voice, and he called me and asked if I would come over right away to find out what was going on. I immediately left and went to his home. The Deputies on the scene wouldn’t tell me what was going on and instead I was put in handcuffs and searched and told it was a crime scene and I needed to leave or I would be arrested. I told them they had better conduct themselves according to the law. Feeling helpless, I left.

    I found out afterwards that there were more than 20 officers involved that night with a swat team at my son’s home ready to kill him with no investigation.

    What had taken place was that while my son was out target shooting a guy by the name of Matt Elder had stopped by and saw that Matthew was out shooting and called in a false police report about an hour later saying he had been shooting at him. He had worked for my son, on and off for a few weeks in the fall of 2009, doing some small engine repair until he was fired for stealing.

    On the morning of January 4, 2010 Detective Jones, of the Spotsylvania County Sheriff Department left a Search Warrant that he executed at 2:07 am after deputies had already been illegally in the home since just after 10:00 pm, and on numerous occasions throughout the night including the swat team and a dog.

    With the Sworn Affidavit of the Search Warrant that contained what was alleged to have taken place in the evening of January 3, 2010 by Matt Elder, my Son and I met with the Commonwealth’s Attorney, William F. Neely. We met with the Commonwealth’s Attorney, William F. Neely to show him how what was alleged couldn’t have taken place and mentioned the wrong doing by the Sheriff Deputies and the illegal entry of the home. He was also told this was contained on the lap top that had been taken by the Sheriff Deputies.

    A preliminary hearing and trial was held on March 16, 2010 in General District Court where the story was now changed after meeting with the Commonwealth’s Attorney. The alleged incident now happened at the back door instead of the front door as stated in the Affidavit for Search Warrant, apparently to try to cover up the illegal actions of the Deputies and use Elder to accomplish this goal. The accuser, Matt Elder gave false testimony and so did Deputies that can be shown by the transcript of the trials. Although Neely was made aware of this so there could be no doubt of what had taken place he continued to pursue these false charges and a final trial was held January 31, 2011 where my son was acquitted of all felony charges and convicted of 1 misdemeanor, for reckless use of a firearm. Neely had brought 4 false charges against Matthew, one for attempted malicious wounding, one for the use of a firearm in the commission of a felony, one for brandishing and one for shooting in a public place which was changed at the preliminary hearing/trial held March 16, 2010 to the reckless use of a firearm.

    The illegal activities of the Sheriffs Deputies and a lot of what took place that night was captured on my sons lap top from his security cameras. It was seized on the morning of January 4, 2010 by Deputies and was illegally kept for more than a year under the direction of the Commonwealth’s Attorney, William Neely until February 1, 2011 the day after the final trial of January 31, 2011.

    On January 31, 2011 evidence was presented to show the allegations brought against Matthew were false. Regardless of Mr. Neely’s oath of office and his responsibility to uphold the truth he made false statements to the jury to undermine the truth. He stated, “That evidence was planted and photographed and brought in here to make the defendant’s version match up with what they want you to believe that Matt Elder made all this up to frame Matt Lux and the sheriff’s department and my office went along with it.” He made these statements although there was no evidence to support them.

    Matthew has appealed the conviction of the one charge he was found guilty of, reckless use of a firearm.

    Herb Lux is falsely arrested March 13, 2011

    On March 2, 2011, after doing some investigation I started to contact some citizens to find out if they had sat on the jury in the trial of my son on January 31, 2011. I thought their prospective of the trial would be very helpful. I thought these people would be really upset if they knew they had been used by Neely to get a false conviction because of his lies and deceit.

    On March 3, 2011 I found an order from the Circuit Court that had been placed on my door from the Judge that had heard Matthew’s case, Judge David H. Beck. The order was issued pursuant to Virginia Code Section 19.2-263.3, Juror Information Confidential. The jury had already been released on January 31, 2011 a month before. These people were no longer jurors. Judge Beck, joining with the Commonwealth’s Attorney, William F. Neely to try to keep me from exposing the illegal actions that had already taken place in court, sent this illegal order hoping to intimidate me and stop me from exposing the truth. I sent the Judge a letter and told him I took his order as a threat of intimidation to keep me from exercising my constitutional rights in violation of Title 18 USC 241.

    I was out on the weekend of March 12, 2011 again talking to some citizens to see if they had sat on the jury and get their prospective etc.. I was stopped by a Lieutenant Dunavant and by a Sergeant B. Harvey and told I could not talk to any of these, citizens they called “jurors” under the direction and with the aide of Commonwealth’s Attorney, William Neely or I would be arrested. I told them they could not tell me who I can talk to and if they pursued such action they would be guilty of violating my right of association and title 18 USC 242 Acting Under Color of law which would expose them to criminal charges.

    On Sunday March 13, 2011, after Church, I again went out to talk to some citizens to see if they had sat on the jury. While I was talking to who I think is the husband of Deborah Dama who sat on the jury, two deputies came and arrested me. I told them if they arrested me it would be a false arrest. They did it anyway, a warrantless arrest, again joining with William Neely. I asked to have my car moved from this person’s driveway so I could have someone pick it up. They refused and said they were having it towed away. I was put in the back of Deputy Harvey’s Patrol Car. I then watched Deputy Harvey put some papers that I had in my car on her passenger seat. I said you can’t just go into my car. She said we have to do an inventory of your car because it’s being towed. I told her you can’t circumvent the 4th amendment to the U S Constitution that protects us against illegal searches of our person or property by towing my car.

    I was charged with two false charges and am out of jail on a $2500 bond. Sheriff’s Deputy Sergeant B. Harvey the arresting officer gave an audible groan when the magistrate gave me a personal recognizance bond. One charge is for an alleged violation of Virginia Code Section 18.2-460 Obstructing Justice, which says, “Knowingly attempt to intimidate or impede by threats or by force a juror lawfully engaged in duties as such.” The jury sat on January 31, 2011; it was now March the 13, 2011, about 6 weeks later. They had been released as jurors on January 31, 2011. The second charge is for an alleged violation of Virginia Code Section18.2-119 Trespass, Trespass upon the property of Deborah Dama, after having been forbidden to do so by an authorized individual. The only ones who said I could not go to see these citizens were the Deputy Sheriff’s under the direction of William F. Neely because he was trying to keep me from exposing his illegal actions. To be guilty of trespass you have to told by the owner, lessee etc. lawfully in charge of the property orally, in writing or by posting to stay off their property. I was not told in any way nor had I ever met the person I talked to on March 13, 2011 until that time. I never met or talked to the former juror, Deborah Dama that Neely uses in his charges against me.

    I filed several motions that were to be heard on April 4, 2011 in General District Court. One to have the Commonwealth’s Attorney removed from any hearings regarding me because of a conflict of interest and his lack of honesty and violations of the law he has been engaged in. The second was called a Bill of Particulars to specifically describe how I violated the law and the third was for the return of seized property. I had been recording all the conversations I was having for my protection and the Commonwealth’s Attorney told Deputy Harvey to seize my recorder.

    On March 25, 2011 I asked the Clerk of the General District Court to subpoena four witnesses for the hearing for Monday April 4, 2011. On Monday March 28, I checked with the Clerk about the witnesses being subpoenaed and was told that the Judge told her she could only subpoena one. I said he can’t decide who I can subpoena as a witness. I sent a letter March 29, 2011 to the Clerk and a copy to Neely reiterating the request for the witnesses to be subpoenaed stating it would be a violation of my rights under the US Constitution the Virginia Constitution and the laws of Virginia if they were not subpoenaed. The Clerk gave the letter to Judge Levy.

    On March 30, 2011 I was told that Judge Levy was not going to hear the motions and the hearing for Monday, April 4, 2011, was cancelled. Judge levy was contacting the Supreme Court to have a different Judge assigned.

    On March 30, 2011 William Neely filed a legal Motion to Quash to keep my witnesses from being subpoenaed for the hearing on April 4, 2011 to try to cover up his illegal Motion that was already approved on March 28, 2011.

    On March 31, 2011 I received in the mail from the Clerk of General District Court, Kyra Bullock an e-mail from Commonwealth Attorney, William F. Neely to Judge Levy asking him to, “kindly consider this to be my motion to quash his subpoena request…” This e-mail has a notation by Judge Levy granting Neely’s illegal e-mail Motion to Quash signed by him March 28, 2011. It also contained a copy of the letter dated March 25, 2011 I had sent requesting subpoenas to be issued to 3 deputies and the Commonwealth’s Attorney. The letter shows a no, yes, no and no beside the witnesses I subpoenaed signed by Judge Levy March 28, 2010.

    On April 2, 2011 I received a Disqualification Order approved by Chief Judge, Frank L. Benser dated April 1, 2011, from the General District Court.

    Now it becomes clear why Judge Levy decided he wanted to get out of this case. He had already made an ex parte, illegal ruling, on behalf of Commonwealth’s Attorney, William F. Neely.

    Judge Pustilnik from Richmond was assigned to hear future proceedings.

    On June 16, 2011 at 8:30 am I appeared before the General District Court on a Motion to Recuse the Commonwealth’s Attorney, William F. Neely for cause and expose his illegal actions. Although the Commonwealth’s Attorney wasn’t removed at that time, I questioned him for more than 2 hours while he was on the witness stand. It was very productive and I have a transcript from the hearing that shows evidence of his illegal conduct. The Judge basically relayed to him that his charges were not going anywhere before him. So Neely dismissed the charges to get them out of General District Court by nolle prose. Neely than refilled charges in the Circuit Court and got Sheriff Deputy Harvey to give false testimony to the Grand Jury on June 20, 2011 to get me indicted in the Circuit Court on 3 charges. One for alleged Common Law Contempt Virginia Code 1-200, one for Obstruction, Virginia Code Section 18.2-460, same as brought the first time and Entering property for the purpose of causing damage, Virginia Code Section 18.2-121.

    On August 1, 2011 I was in the Circuit Court in Spotsylvania County to have hearing on a Motion to vacate/rescind the illegal Order of Judge Beck that he entered on March 3, 2011. He states that he does not have the authority to hear such Motion on several different occasions then I object and am putting into the record the illegal conduct of what he’s engaging in open Court, then he makes a ruling on the Motion, which he said before my objections he couldn’t rule. He engages in a willful violation of his Oath of office and makes openly false statements that are now recorded to violate my rights. This is a 15 minute hearing in Circuit Court, digitally recorded with what took place. If you would like to hear it please e-mail me and let me know so I can provide access to the folder.

    I have video recordings, audio recordings, scanner tapes, pictures, orders, and transcripts of all the illegal actions that have taken place.

    There is a hearing scheduled for September 30, 2011 at the New Circuit Court Building in Spotsylvania County at 10:00 am in Court Room 3. I’m asking for all you freedom loving Patriots to come out and help expose there corrupt actions. The tyrants are at our door. Your presence makes a difference.

    The address is: Circuit Court, Court Room 3
    9107 Judicial Center Lane,
    Spotsylvania, VA 22553-1179

    I will be asking to have Warrants of Arrest issued in open Court on the 30th. There is a way to get our Country back from the brink. Please join me to help make it happen. It’s time We the People let them know they work for us.

    Please pass this message to everyone you know. Please contact me and let me know if you can be there.

    Thanks.

    Herb Lux
    President
    http://www.AmericanPatriotsCommittee.com
    540-846-8212
    hlux@AmericanPatriotsCommittee.com

  3. January 2, 2012 11:46 pm

    E-mail copied to me from Herb Lux – 1-02-12

    RE: Herbert W. Lux, Jr. v Deborah Dama et al. CL11-1351
    Tuesday, January 3, 2012 4:25 AM
    From:
    “Herb Lux”
    View contact details
    To:
    “‘Lee Warren'”

    Dear Mr. Warren,

    On December 30, 2011 you again filed a pleading, “Defendant’s Renewed Motion To Stay And Motion To Quash”, which contains false representations to the Court.

    You quashed the depositions on December 28, 2011 with no Court Order to allow such and in essence have stayed discovery as though you are the Judge. If you can show me under the law or in the Rules of the Supreme Court of Virginia where you and or your firm Cook Kitts & Francuzenko have the authority to stay discovery and quash depositions requested by subpoena I will gladly remove the subpoenas for depositions on Friday January 6, 2012. However if you can not show such authority for not having your clients, the Damas answer depositions, then I expect them to be there at the Salem Church Library as shown on the subpoenas.

    I look forward to your response.

    Sincerely,

    Herbert W. Lux, Jr.

    540-846-8212

    PS It should be noted that you have been cautioned about engaging in activity that may be considered criminal conduct. The Commonwealth’s Attorney, William F. Neely has engaged in the willful violation of my right of association and it looks like the Damas are involved also. This may become a criminal conspiracy under 18USC 241. If you aide in such violation you may become a party also.

    It would seem obvious that if the Damas were not involved in what now looks like it’s moving into what may be considered criminal conduct they would want to come forward with the truth. It would seem so much easier to come forward with the truth as I have offered then to be held accountable with the Commonwealth’s Attorney for his illegal actions. This is hard to believe seeing I have recordings of all the activities.

    From: Herb Lux [mailto:hlux@AmericanPatriotsCommittee.com]
    Sent: Friday, December 30, 2011 10:48 AM
    To: ‘Lee Warren’
    Subject: RE: Herbert W. Lux, Jr. v Deborah Dama et al. CL11-1351

    Dear Mr. Warren,

    Here is a copy of the subpoenas for depositions for the Damas for January 6, 2012.

    Sincerely,

    Herbert W. Lux, Jr.

    540-846-8212

    6205 Plank Rd.

    Fredericksburg, VA 22407

    ————————————————————————————

  4. Voice from the wilderness permalink
    February 18, 2012 9:26 am

    What was Matt Elder doing, “when he stopped by” and where was he located, was he in the house or outside? What was his proximity to where Mathew was shooting. Did he have permission to be there, and was he in fact on Mathews property? Was Matt Elder ever requested to take a lie detector test, if so did he, and what were the results.

    What is the current status of the case?

  5. Stop the bullshit permalink
    May 12, 2014 9:15 pm

    I have personally seen the search warrant for Matthew’s house. It was legally issued and legally served. Herb Lux is full of shit. If corruption were real, people with diarrhea constantly spewing from their mouth like Herb Lux would be gone a long time ago. Instead of blaming the justice system, how about you raise your son to not be a criminal like you? And let’s not forget Herb Lux trying to constantly talk to prosecutors in the office on behalf of his son when it is illegal in the state of Virginia to act as attorney for your son, and to act as an attorney when you are not legally licensed to practice law. Making contact with the prosecutors asking for certain evidence, trying to find out status, etc… is considered acting as an attorney. You’re a criminal. Stop talking.

    • May 12, 2014 9:53 pm

      Who are you and do you or have you worked for the police or justice system in some capacity?

      I have seen the corruption first hand by crooked cops and judges who disregard the rights of those who challenge the system, In fact I’m convinced the problem is quite pervasive in Virginia. Rarely do the police apologize and rarely do the judges make righteous judgement when their own have violated citizens’ rights or when violations are being challenged. When I say first hand, I mean it has happened to me more than once and to some of my friends. One time I was arrested for trying to get an officer’s name so I might file a complaint. Then I was prosecuted for the bogus charge of trespassing. Trespassing on public property and I had every right to be there.

      In another case, I was arrested for holding a sign on a bridge because it was “not safe.” I was breaking no law. Now you may think, “well, the cops can do whatever they want, that’s OK with me.” That would not be the opinion of free people in a free country where the government has limits and is not authorized to trump up bogus charges for personal reasons, or to stage a raid with intentions to commit murder. Remember, this is not supposed to be a police state. If you favor a police state, maybe you should move to North Korea.

      If you have objectively kept up with the Lux case, you would understand the egregious examples of unlawful and vindictive actions perpetrated by the Spotsy courts against Lux. Now they have themselves tied up an ugly mess because of their own refusal to go by the law and observe proper ethics. Everyone knows the state wants to avoid seriously addressing this because of the embarrassment it would bring should justice really be meted out.

    • August 18, 2014 2:30 pm

      First off..officers CAN NOT be inside a persons residence before a search warrant is issued and served. The evidence clearly shows officers in his residence just after 10pm and the search warrant wasnt even issued nor served at that time. Not until around 3am was it finally served. So you are the one full of shit. Get your facts straight.
      Its morons like you who dont have back bones to stand up to corruption. And their justify corrruption. And no doubt that you were or are one of the ones involved. People like you make me sick.

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  1. Herb Lux Hearing 9-30-11: Motions Regarding Bogus Charges « CUT DC.COM

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