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Herb Lux Hearings: Motions Regarding Bogus Charges – Updates

October 2, 2011

September 23rd rally at the Courthouse

Good morning,

Know I’m a day late and a dollar short, but on Sept. 23rd, there will be a rally for Herb Lux outside the Stafford County Court house, prior to the sentencing hearing.  Herb attached explanatory documents below.  Read particularly the motion to set aside the jury verdict.  It presents an excellent summary of Herb’s fight and should get your blood boiling.

Conduct of the criminal injustice system is the dirty little secret that has sneaked under the radar.  It is a case of power corrupts.  I think, out of venal pique, two Commonwealth’s attorneys and a retired VA Beach judge have conspired to ruin a good and righteous man.  I have attended most of Herb’s hearings ( there have been many ).  The injustice I witnessed is maddening.

Please come tomorrow and please email me if you can.

Yours in friendship,


Fellow Patriots and Friends,
I’m asking you to attend a Rally for Justice against prosecutorial misconduct.  It will take place out in front of the Stafford Courthouse on Route 1.  I’m asking everyone to arrive at 8:00 am to rally against Commonwealths Attorney’s Office and hold Assistant Commonwealth Attorney, P. Michael Hardiman accountable for prosecutorial misconduct, for the use of perjured testimony, false statements and using altered court documents.  I will be asking the Judge to dismiss the false charges against me and hold Hardiman accountable for his criminal violations of the law.  Hearing is to start at 9:00 AM at the Circuit Court of Stafford County, 1300 Courthouse Rd., Stafford VA 22555.  I’ve attached the Motion to Set Aside the Jury Verdicts along with exhibits for all to see what has taken place in this case.



This has the opportunity to make a big impact on some changes that need to be made in the Justice System here in Virginia and around the Country for laws that will hold prosecutors accountable for the willful violation of the law and their oath of office to uphold the Constitution of the United States, the Constitution of Virginia and be honest before the courts at all times.



I hope you can attend, and rally a bunch of people to turn out.  Please pass this out far and wide.



I will be glad to answer any and all questions should you have any.






Please let me know who will attend.



Best regards,




Sorry for late entry. Here are updated communications regarding the Herb Lux legal saga.  Corruption in Spotsylvania courts is likely to pull down the Ken Cuccinelli campaign.  Patriotic activists in support of Lux are the very ones Ken needs to help get him into the governor’s mansion.  At this time, even I cannot support the Cuccinelli campaign.   John K Rooney  
I’m sorry I do not see any attachments so I can respond.  Please send them.
I am however attaching a code section from the Uniform Power of Attorney Act, Virginia Code Section 26-97.  This was an instruction I wanted the Judge to put in but it was not.  If you will be so kind as to review number 7 and write what it means to you and e-mail me your response it will be very helpful.  Ultimately, I will ask that you all and any and all others that you may know file an affidavit letting the court know what you all feel about the words in the code as written.  A sample is attached.  I would like to be able to turn in 200 regarding this code section.  I have also thought of maybe going out to the public with a clip board for signatures and asking if the words in the code should mean what they say.  
Also, I will be happy to respond to the attachments when I get them.
Thanks for all your help and thoughtfulness.
Herb,Thanks for the update from everyone. Is it possible for me or any or all of us to file what I think is called a friend of the court brief that would include the information in the two attached documents in our own words. One comes from the excerpts from the Jury Handbook and the other is the words of the Judge. As I understand it you were not able to make your argument about the power of attorney law and as I see it that should have been the heart of the case. By not allowing the jury to judge the “Law” the judge in a sense ensured your conviction. Just a thought.God Bless,

Claude Dunn
(540) 786-2448
Government can only give you what it takes from someone else!

On Aug 16, 2013, at 7:47 AM, <> wrote:

> Pray. Victory will come.
> Thanks to all that stand to defend and help return the freedoms of which our Father has so richly blessed us.
> Herb
> ——– Original Message ——–
> Subject: RE: Stafford trial for practicing law w/o, status and comments
> From: “Mike McHugh” <>
> Date: Thu, August 15, 2013 10:08 pm
> To: “‘Rick Ryan'” <>
> Cc: “‘Herb Lux'” <>, “‘Catherine
> Crabill'” <>, “‘Claude'” <>,
> “‘Dave Mason'” <>, <>,
> <>, “‘Anna'”
> <>, “‘jeanandmajor'”
> <>, “‘Raymond'” <>, “‘RBRUCEPIX'”
> <>, “‘Robert Shannon'” <>,
> “‘Price Koch'” <>
> Is Rob Sarvis the Libertarian guy?
> From: Rick Ryan []
> Sent: Thursday, August 15, 2013 1:09 PM
> To: Mike McHugh
> Cc: Herb Lux; Catherine Crabill; Claude; Dave Mason;;; Anna; jeanandmajor; Raymond; RBRUCEPIX; Robert Shannon; Price Koch
> Subject: Re: Stafford trial for practicing law w/o, status and comments
> John, the charges are/were three counts of practicing law w/o a license. A victimless crime, unless you consider the VA bar a victim. Please stop laughing before you die.
> Someone please forward this email to Anna Yeisley. Seems I don’t have a current email address.
> The Cucch refused to help with Herb’s fight against prosecutorial abuse. I would write in Mickey Mouse first. No. I will vote for Rob Sarvis, even it that means dirt bag Terry wins.
> Had Cucch, wearing a fake mustache and sunglasses, sat in any of Herb’s hearings, he would have been compelled to act. That is, if he has an once of honor.
> Thanks and very best regards, Rick
> On Thu, Aug 15, 2013 at 12:31 PM, Mike McHugh <> wrote:
> How did it go yesterday
> From: Rick Ryan []
> Sent: Thursday, August 15, 2013 11:50 AM
> To: Herb Lux
> Cc: Catherine Crabill; Claude;; Dave Mason;;; Anna; jeanandmajor; Raymond; RBRUCEPIX; Robert Shannon; Price Koch
> Subject: Stafford trial for practicing law w/o, status and comments
> Herb had a jury trial in which members of the jury were not his peers. This makes, to my count, four such trials. Yesterday’s results were as follows: count two – not guilty, count one – $2500 and 6 months, and count three – $2500 and 12 months. The judge will sentence sometime in September. Before sentencing the court will hear motions Herb and Price Koch are drafting.
> Of all Herb’s court proceedings I have witnessed, this judge, last name Horne from Loudon County, is the most fair. He is what one hopes for in a judge, a wise, philosophical and grandfatherly gentleman. Herb would have been better served with the judge ( no jury ) hearing the trial. Of course, one never knows up front about the Judge. Herb could have gotten another Shadrick. There may be a strategy here. If judge assignment takes place long enough before trial, then he can be scouted. Then again, after assignment, circumstances could require a substitute. There you are, a possible Shadrick from hell again.
> During sentencing summations, the prosecution gets a second bite at the apple. The prosecution leads off ( able to say any outrageous, unjust thing he can dredge up ). Defense then sums. Prosecution then has another chance to address the jury during which he rebuts everything the defense said and repeats his opening summary, and adds a few more barbs.
> Sorry for the brevity. Got to run. Very best regards to all, Rick
> PS My belief in jury trials has been irrevocably shaken.


To all,


Regardless of what unlawful statements have been made by retired Judge Shadrick.  I am in charge of my defense and everyone should conduct themselves accordingly.


Retired Judge Thomas S. Shadrick does not have the authority to willfully violate my rights under the Constitution of the United States or the Constitution of Virginia.  The free agency of man and due process is protected by but not limited to the 5th, 14th and 9th amendments of the united States Constitution.  Faretta v California which was put into the record on May 7, 2012 spelled out very clearly that a judge can not stop a defendant from making the decisions on whether the defendant will have an attorney or not.  Anyone who aids and abets the judge in the violation of the law will not be protected no more than someone aiding in the robbing of a bank.  It should be noted that when, “When a Judge acts as a trespasser of the law, when the judge does not follow the law, the Judge loses subject-matter jurisdiction and the Judges orders are not voidable but VOID and of no legal force or effect.”  Scheuer v Rhodes, 416 U.S. 232, 94 S. Ct. 1683, 1687 (1974)


The Constitutions are protections for all of us, that’s why attorneys are required to take the oath, as does Mr. Neely, the clerk of the court, etc.


You have all witnessed retired Judge Shadrick’s unlawful behavior in Court.  He needs to be turned in by everyone that has witnessed his illegal behavior, to the Supreme Court of Virginia, the Judicial Inquiry and Review Commission and to Federal Authorities.  He is not God there is only one and Shadrick is not it.  Anyone who fails to take action to uphold the law and protect my rights aids and abets the retired judge and his illegal actions.  Those who fail to take action to turn him in will risk criminal charges and civil action in your individual and personal capacities.  This is one of the worst crimes that can take place, the complete disregard for ones destiny and free agency.  This is as bad as someone holding you down while being raped.  That’s what everyone is doing if they aide Judge Shadrick and his illegal conduct.  You might want to think how you would feel about that.


You Wendy and Christy have been asked as have all those involved in any way, by a Judge who has kidnapped my rights to help hold me hostage so I can not exercise my God given rights and free agency to protect my rights. 


You need to face the truth of what has and what is taking place and step forward and protect my rights as it also protects yours from tyrants such as this Judge. 


Christy you need to contact the Supreme Court for a different Judge and tell them why.  Judge Shadrick has violated the Code of Judicial Conduct as the public has also witnessed. 


Action must be taken immediately to stop the continuing harm being perpetuated by him against me and the integrity of the Judicial System.


No one will be allowed to have their head stuck in the sand to escape liability.  Again, let this be a warning to all concerned to follow the law and protect your rights against prosecution etc. yourself for failing to uphold your Oaths of Office.  You’ve seen crimes being committed including the false arrest orchestrated by Shadrick in open court for trying to lawfully put required objections into the record.



Herb Lux







From: Christy Jett []
Sent: Wednesday, May 30, 2012 11:59 AM
To: Wendy Harris
Cc: Bill Neely;;;
Subject: RE: Re:
Importance: High




Thank you for your reply.  I am taking from your e-mail that you are not wishing to proceed on Mr. Lux’s motion. 


As Mr. Lux has cited in his motion; Judge Shadrick has stated that you and Mr. Witt (Mr. Lux’s attorneys) would “handle the trial of this case……you will be making the decisions.  He will not be making the decisions”. (Trans. May 7, 2012, pg 65, line 7-14)


Therefore, unless I hear differently from you or Mr. Witt, the Clerk’s office will just be placing this motion in the court file to be addressed at the next hearing.




Christalyn M. Jett, Clerk

Spotsylvania Circuit Court

9107 Judicial Center Lane

P.O. Box 96

Spotsylvania, VA 22553

(540) 507-7600

(540) 582-2169 (fax)

From: Wendy Harris []
Sent: Tuesday, May 29, 2012 4:47 PM
To: Christy Jett
Cc: Justin Witt; Bill Neely
Subject: Re:

it is not my motion.  I am working on some that I hope to file in the next week or so, but that is not one of them.


On Tue, May 29, 2012 at 12:22 PM, Christy Jett <> wrote:

Ms. Harris,


Please find attached a scanned copy of a motion to rescind the designation of Judge Thomas S. Shadrick which was filed by Mr. Lux in my office late on Friday (5/25/12) afternoon.


I don’t see that you have endorsed the motion.  Since you are counsel of record in Mr. Lux’s pending criminal case(s), I am e-mailing you the motion to see if you are wishing to proceed on the motion and if so, could you please send available dates.  Since I don’t have an e-mail address for Mr. Witt, would you please share a copy of the motion and this e-mail with Mr. Witt?


I look forward to your response.


All my best,





Christalyn M. Jett, Clerk

Spotsylvania Circuit Court

9107 Judicial Center Lane

P.O. Box 96

Spotsylvania, VA 22553

(540) 507-7600

(540) 582-2169 (fax)

Wendy B. Harris, Deputy Public Defender
Office of the Public Defender
City of Fredericksburg , King George
Spotsylvania & Stafford Counties
2300 Fall Hill Avenue, Suite #300
Fredericksburg , VA   22401
540 899-4814 x121, fax 540 372-3599




As the record reflects, subpoena of witnesses is what was mentioned by retired Judge, Thomas Shadrick not subpoena of recordings etc.


However, since retired Judge Shadrick was not sworn in as required by Virginia Code Section 49-1 he has been acting contrary to the law and without jurisdiction.  All actions that have been taken by him since he came into Spotsylvania County are null and void.  Shadrick needs to be turned into the Judicial Inquiry and Review Commission for failure to adhere to the law.  As you witnessed his actions in Court, they were all without legal authority.  He acted as an imposter.


Christy, I ask that a hearing date be scheduled for a regularly sitting Judge where I will be asking to have the false charges against me dismissed.   Please check for a Judge and available dates.


Thank you for taking care of these matters.


Herb Lux




From: Bill Neely []
Sent: Thursday, May 17, 2012 2:15 PM
Cc:; Wendy Harris(
Subject: RE: 5/17 Subpoena request from Herbert Lux


Melissa – remember that on 5/7/12 Judge Shadrick directed the Clerk to ignore any future criminal case subpoena requests from Mr. Lux – instead directing that all such requests must come through his court-appointed attorneys.


William F. Neely

Commonwealth’s Attorney for Spotsylvania County

PO Box 2629

Spotsylvania, VA 22553

(540) 507-7650


From: Herb Lux []
Sent: Thursday, May 17, 2012 2:08 PM
Cc: Bill Neely;
Subject: Subpoena


Melisa Wolfrey, Deputy Clerk

Circuit Court of Spotsylvania

P. O. Box 96

9107 Judicial Center Lane ,

Spotsylvania, VA 22553-1179


Re: Commonwealth v Herbert W. Lux, Jr. Nos. CR 11 – 789, 790, 791


Dear Ms. Wolfrey


Please issue a subpoena for the audio recording of the hearing held in the Circuit Court of Spotsylvania County in the above referenced case on May 7, 2012 from the Court Reporter;


Frances K. Haley & Associates

9700 Ashley Dawn Court

Suite 100

Fredericksburg , VA 22408


Please have this information returned to the Circuit Court for pick up by me by May 24, 2012, at 1:00 p.m.


Thank you.


Herb Lux



May 7, 2012 Hearing

Anna Yeisley reports:

This morning’s hearing regarding Herb Lux vs. Commonwealth was another travesty of justice.  Wish you had been there.

The retired judge from VA Beach refused to listen to Herb.  Judge insisted that Herb not speak and only his attorneys would speak.

The attorneys argued that Herb be allowed to speak that it was Herb’s wish, as their client to represent himself.  Herb earlier in the week had asked the attorneys to file a motion to dismiss the judge due to having no sworn oath on file.  They refused to do it so Herb dismissed them, more or less.

Judge said, I don’t care what he says you will represent him I don’t want to hear from him.  Attorneys objected two more times.

Herb did spoke and the judge ordered the bailiffs to ‘escort’ him into the ‘holding pen’ as Neely (commonwealth attorney) called it.  The lawyers argued to the judge on Herb’s behalf and told the judge they could not proceed without Herb in the courtroom nor would they proceed without his permission.  Neely said, put him in the spectator chamber he can look through the window.  His suggestion was ignored Herb was brought back into the room and Herb launched into his motion to dismiss the judge due to no oath and asked the bailiffs to remove the judge from the bench!

Folks were fired up.  Many people from the back of the courtroom yelled to the judge, “you are impersonating a judge!”  “you need to remove yourself!”

Bailiff escorted one gentlemen out; they went to put hands on him to remove him and he shouted “do not touch me, you have no lawful authority to put your hands on me, that judge should not be presiding over this court and you have a duty to remove him from the bench.”

Catherine Crabill stood and demanded the judge account for having no sworn oath.  I also spoke about the oath question and another couple of people spoke, it was traumatic for everyone involved including the bailiffs, Herb, his friends.  It was very upsetting considering how calm, how intelligent and how reasonable Herb Lux spoke and presented his case and how ignorant and unjust was the judge.

The hearing recessed early and the whole crowd was not only ushered out of the courtroom but out of the courthouse.  I asked a particularly hostile bailiff who did she serve?  She yelled, “I don’t serve you!”  I said, “but you do.”  You serve the People and you should remember that.

The group decided that we would appeal to the interlocutory court case for the convening of a grand jury.  You normally go through the commonwealth attorney or the judge to call for a special grand jury but both these avenues would be pointless.

Anna Yeisley


Next Hearing:

Herb has a hearing next Monday, 7 May, 0900, at Spotsylvania Courthouse.  Please try to attend and enlist your friends to attend also.  This is a worthwhile effort.  What is happening to Herb could befall any of us.

Best regards,

Rick Ryan


Herb Lux letter to Judge Shadrick – May 3, 2012

Judge Thomas Shadrick (Ret.)


  Please get this to Judge Shadrick ASAP.

  Thank you.


  Dear Judge Shadrick,

  I ask that you review the Motions that have been filed by me that have not been heard.  Mr. Neely makes another fraud on the court by stating that there nothing but a rehash of issues already ruled on.  This is false.  For example there is a Motion to Recuse him.  Since the hearing of that issue in October of 2011 he has perpetuated fraud on the Court of Appeals of Virginia to try to prejudice the case in chief.  There are numerous due process violations and there is a $500,000. law suit against him where he does not have immunity, which is contained in the new Motion to Recuse him..  In fact when an officer of the Court violates and perjures his oath of Office there is no protection.  This is only just, under the constitutional protections provided by the united States Constitution and the Virginia Constitution.  You have failed to hold William F. Neely accountable in any way as the record reflects.  Thus my constitutional rights have been continued to be violated right down to the false arrests on 2 occasions regarding the charges before the Circuit Court.  Charges instituted by perjury etc. by William F. Neely which you have ignored and failed to take action against.


“Crime is contagious.  If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”

Owen v. City of Independence


“No man [or woman] in this country is so high that he is above the law.  No officer of the law may set that law at defiance with impunity.  All the officers of the government from the highest to the lowest, are creatures of the law, and are bound to obey it.”

*Cannon v. Commission on Judicial Qualifications, (1975) 14 Cal. 3d 67 8, 694


Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately disregards the requirements of fairness and due process.

*Geiler v. Commission on Judicial Qualifications, (1973) 10 Cal.3d 270, 286


Society’s commitment to institutional justice requires that judges be solicitous of the rights of persons who come before the court.

*Gonzalez v. Commission on Judicial Performance, (1983) 33 Cal. 3d 359, 371, 374


Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately disregards the requirements of fairness and due process.

Olmstad v. United States , (1928) 277 U.S. 438


“The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury.”

Perry v. United States , 204 U.S. 330, 358


I have asked you to disqualify yourself from any actions regarding me Herbert W. Lux, Jr. in any way.


The Motion to Recuse you and William F. Neely must be adhered to or there will be further violations of my constitutional rights.  These are most serious matters and should not be viewed lightly.


In the interest of justice and to mitigate further damage caused to me, Herbert W. Lux, Jr., thus far, by the numerous constitutional violations that are recorded, I ask that you immediately disqualify your self.



Herb Lux




This is a three part, short video series of the Herb Lux Hearing 9-30-11.  I’ve discovered over the years that bogus charges against decent citizens are not rare in the Commonwealth.  I know of at least 5 individuals in Virginia, during the last few years who have been illegally prosecuted and wrongfully arrested (kidnapped) by the justice system, including me.  Americans need to recognize this assault on our freedoms as a real threat to liberty and begin to stand up against it like any other form of tyranny.  Courts will spend tens of thousands of taxpayer dollars railroading good people when they set their hearts on destroying these individuals.  Even when they know their actions are are wrong, often, they will circle the wagons and double down to convict the innocent.  Corrupt commonwealth attorneys expect most citizens to capitulate because of the high cost of legal defense, and few will spend the time and effort required to defend themselves.  Courts have access to almost unlimited tax payer dollars to outlast a defendant who is challenging false charges.  A common tactic is to use the color of law instead of real law.  A couple of catch-all charges are trespassing or disorderly conduct.  People are often convicted of these charges when they were merely trying to file a complaint against abusive government officials. I know, this happened to a pastor friend in Hopewell and it happened to me.  The court will almost always rule against the citizen because if the defendant’s case goes in his favor, he may successfully file a civil suit.  Police abuse cases usually follow the same pattern of false charges to intimidate  the damaged citizen to back down.  Internal investigations virtually ALWAYS take the side of the government.  Local lawyers usually don’t rock the boat because they know it could jeopardize future career opportunities.

Transcript of the 9-30-2011 hearing

Herb Lux, a respected tea party activist and promoter of the Constitution, is using the law against Spotsylvania County’s corrupt prosecutor (William F. Neely) and judges.  But alas, the judges, in this case a retired Va Beach judge (Thomas Shadrick), seem not to be concerned about the laws or their legal responsibility to be impartial. The judge granted practically none of the motions Mr. Lux filed and seemed to be the attorney representing the prosecutor.  I’ve seen this a number of times, here and in other cases.  There is a sense that many judges seem not to recognize there is a Constitution and that in America, there are certain God-given rights to be protected.

For details of the case, click here.

If you are doubtful that judicial officials and judges do these things, look up prosecutor Nifong, who had exculpatory evidence that would have cleared the accused, but he wanted rather to see the innocent imprisoned on false charges of rape.  This is only the tip of the iceberg, for the corruption is rampant throughout the US.  These courtroom hitmen are CRIMINALS and they should be imprisoned like other felons.

Herb Lux’s web site –


3 Comments leave one →
  1. October 6, 2011 9:10 am

    I was one of at least 36 people that witnessed the hearing on September 30th where Herb Lux asked Judge Shamrick of Virginia Beach to arrest Mr. Neely for misuse of high office.

    I can’t wait for the transcripts to be released. You will see a case so well prepared and laid out by Mr. Lux. His case proves beyond a shadow of doubt, William F. Neely’s guilt in using his high office to promote the false arrest of Mr. Lux, as you’ll never be convinced of anything in your life.

    For Neely to be in the position he is, is a travesty. Mr. Neely is paid to establish justice in Sptosylania County. We need statesmen who will swear an oath to establish justice which means protecting the liberty and freedom of Spotsylania residents. You violated your oath of office, Mr. Neely, in the case of Herb Lux, and need to be removed from office.

    How many other residents have you falsely charged, Mr. Neeley? That’s the question voters need to ask themselves.

    Anna Yeisley
    Spotsylvania Resident

  2. October 6, 2011 6:07 pm

    I think prosecutors and judges are above the law. We are trodden under even the color of law. If you are a government “official” you can lie, sexually molest travelers, photograph child porn (TSA), make false charges, arrest citizens for trying to file a complaint, beat protesters, arrest videographers (Illinois), assassinate US citizens (alwalaki), conduct warrant-less wiretaps, and a myriad of other offenses. Good thing there are still some decent cops who respect our liberties.

    Maybe it’s time to CUT DC! (government)

  3. October 11, 2011 11:53 pm

    I have faith in good Americans in government who are FED UP with the federal government, its mobster personalities, the intimidation and lawlessness. American citizens are being abused by these mobsters and there are so many good Americans who work for the government and the courts and see the gross injustice but quite a few DO have the courage to speak out and leave their jobs. Even dogs know not to bite the hand that feeds them; but if that hand begins to wrap around the neck of your master (in the case of public servants, the sovereign American is their master) then, you have a God given responsibility to protect the American sovereigns you are paid to protect and turn against the Beast of power, injustice and money. “It is the duty of every patriot to protect his or her country from its government” Thomas Paine

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