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Recent Updates: Herb Lux – 6/18/15

March 13, 2013
—————————————————————————–
Entered June 18, 2015
To
  • GMacDonald@courts.state.va.us
CC
  • Christy Jett
————————————————————–
9-9-14
Friends/Patriots
A judge is being designated by the Supreme Court of Virginia to hear the Affidavits and Complaints containing the criminal charges I have filed against Commonwealth Attorney William F. Neely, and Deputy Sheriff, 1st Sgt. Barbara Harvey.  This is a first.
The charges against Neely (19) are felonies except for the 3 Obstruction of Justice charges, misdemeanors.  Harvey’s are all felonies (18) except foe 1 for Obstruction of Justice a misdemeanor.
I appreciate your support including prayers.
Best regards,
Herb
540-846-8212
——————————————————————-
9-5-14
Patriots/Friends
In the past two days I have  filed a total of 14 Felony Counts against Commonwealth Attorney of Spotsylvania County, William F. Neely and 1st Sgt. Deputy Sheriff, Barbara Harvey.
Four were filed on Wednesday September 3, 2014 and 10 were filed today.  I am looking at a possibility of up to 6 more.
The good news is that Judge Ellis of Spotsylvania has disqualified himself and the whole 15th Circuit, Order attached.  At least there won’t be game playing from the Judges in the County.  A fax has gone to the Chief Judge of the Supreme Court to designate a Judge to hear the first four all ready.  I mentioned to the Clerk, Christy Jett that the same Judge might as well hear all them the same day.
As I mentioned I’m looking at possibly filing 6 more by Monday.
At the present time they can face a possibility of incarceration from 7- 70 years each.  They are Class 5 felonies.
Code of Virginia 18.2-10
e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
I ask for your prayers.  Maybe we can hold some public servants accountable where they have been unlawfully incarcerating citizens.
Thanks.
Best regards,
Herb Lux
540-846-8212
When it comes time for the Complaints to be heard I hope we can fill the Courthouse.
  • 9 3 14 Motion to Hear Criminal Complaints 2 Neely 2 Harvey
    .pdf
  • 9 4 14 Order of Disqualification
    .pdf
  • 9 5 14 Motion To Hear Criminal Complaints Neely 5 felony counts
    .pdf
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8-23-2014
Dear Friends and whom it may concern,
The Affidavits and Complaints attached, listed below, point out some of the recent criminal conduct of Commonwealth Attorney of Spotsylvania County, William F. Neely, Phone No. 540-507-7650, from July 1, 2014 – August 18, 2014.  My contact info is, Herb Lux 540-846-8212.  This is the same Commonwealth Attorney that made National News in 2006 when he authorized the unlawful conduct of Deputy Sheriffs having sex acts performed on them at tax payers expense at the Moon Spa.
The latest violation of the law is when William F. Neely directed the Spotsylvania County Sheriff’s Department to attempt to falsely arrest me in the early morning hours of August 5, 2014 approximately 1:38 am.   Neely used a faxed copy of a fraudulent Order he prepared and had Judge Taylor enter on August 4, 2014 to revoke my appeal bond while I’m fighting false charges brought by him. (See Order with Jett Memo) The Sheriff Department made out a Warrant of Arrest using the fraudulent Order as indicated on the Order.  Failing to have a Certified Order provided to them by the Clerk of the Circuit Court as required and stated on the Order, a Sheriff Deputy filed a copy of the faxed orders with the Circuit Court on August 7, 2014 trying to circumvent lawful procedure.  When the Clerk of the Circuit Court, Christy Jett found out what they had done in trying to cover up their illegal acts and use of the fraudulent faxed Orders by filing them on August 7, she sent the faxed Orders back to the Sheriff’s Office.  (See Christy Jett’s letter to Sheriff Roger Harris and returned orders attached)
Attachments
1.  Affidavit and Complaint to the FBI with 18 exhibits
2.  Affidavit and Complaint to the Virginia State Bar with 18 exhibits
3.  Affidavit and Complaint to the Supreme Court of Virginia Justices with 18 exhibits
4.  Christy Jett’s Letter with Orders of August 18, 2014
Please join in with a friend below that is passing out links to an article that was written and and interview I did this week with News Guardians.  Please forward this e-mail and pass all this info out to all your contacts and friends asking them to do the same.
Dear Friends of Herb Lux,
Attached are links updating the assault on Herb. The criminality of Commonwealth’s Attorney, Wm. F. Neely continue to spread like a cancer in the Spotsylvania Courts. Please read the article and take a few minutes to listen to the interview and consider forwarding this to news outlets and/or writing a letter to the editor. We have the opportunity, armed with documentation, to help Herb remove Neely from office, hopefully disbarred and put behind bars where he belongs.
The ramifications of Herb prevailing against this growing menace will have far reaching implications throughout the Commonwealth. His victory will accrue to the benefit of us all by putting the judicial system on notice that there are men of great heart, courage, and conviction that will fight for the right to insure JUSTICE FOR ALL.
Thank you in advance,
Catherine Crabill
Thanks for your help in defending our Freedom.
Best regards,
Herb Lux
540-846-8212
  • Affidavit and Complaint 8 19 14 FBI
    .pdf
  • Affidavit and Complaint to the Virginia State Bar Neely 8 19 1
    .pdf
  • Affidavit, Complaint and Notice to Supreme Court Justices 8 19
    .pdf
  • Memo Jett to Harris 8 18 14 Returning copy of faxed Order
    .pdf

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News Guardians Radio: Corruption in Spotsylvania County-Interview with Herb Lux

herb portriat suit

Herb Lux details the corruption in Virginia’s court system as he fights to clear his name against false allegations and false prosecutions by Spotsylvania Prosecutor William F Neely live on News Guardians Radio.

LISTEN HERE 

Read the article HERE

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8-11-2014
Dear Barbara,

A few minutes ago I was contacted by the DMV and they let me know that they are going by what the abstract provide by Ms. Reynolds.  She basically said I did not take any action regarding my appeal,  which is false.  My e-mail and other records show this not be true.  As stated in my e-mails and in person to Ms. Reynolds I was appealing to Federal Court.  Had she just told me to put down in formal writing what I was doing I would have.  I asked her specifically what needed to be provided by law and she failed to provide anything.  This can all be resolved with an abstract stating there had been some miss- communication and that indeed appealing my case therefore no fees would be applied.  I understand we all make mistakes but this is getting out of hand when a simple phone or e-mail can straighten out this mess.
If this is not taken care of immediately you can count on legal action for the damages this has caused me over almost a month with those involved failing to communicate to resolve it as the record will prove.
I certainly hope this won’t be necessary.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: RE: RE: Amended Abstract
From: <hlux@americanpatriotscommittee.com>
Date: Mon, August 11, 2014 1:21 pm
To: JLReynolds@courts.state.va.us, BDecatur@courts.state.va.us

Ms. Reynolds and Ms. Decatur,
I had something similar happen in Spotsylvania County when my case was still under appeal.  The Circuit Court called and it was reinstated immediately without fees or costs and without a court order from a judge.  As their was an error in having my license suspended in the first place there is no legitimate reason to have to pay the fees.
This is only causing further damage with money trying to be extorted from me on a Void Judgment obtained through the use of perjury and fraud on the court.
The DMV told me its up to the Circuit Court to correct this matter.  They just need to be notified that my license was revoked in error.
Please finish taking care of this Ms. Decatur if Ms. Reynolds does not have the authority.
Thank you.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Re: RE: Amended Abstract
From: JLReynolds@courts.state.va.us
Date: Mon, August 11, 2014 12:43 pm
To: <hlux@americanpatriotscommittee.com>

Mr. Lux,
On Friday, August 8, 2014, an Amended Abtract was faxed to DMV to remove the Non-Payment from your account.
However, to have your Driver’s License re-instated you must pay the re-instatement fee to DMV.
In order to have the fee waived for DMV, the Circuit Court Clerk’s Office must receive an order signed by a Judge for “A Stay on Execution”.
Jo Ann Reynolds
Deputy Clerk
Stafford County Circit Court Clerk’s Office
To: JLReynolds@courts.state.va.us
From: <hlux@americanpatriotscommittee.com>
Date: 08/11/2014 11:44AM
Cc: BDecatur@courts.state.va.us
Subject: RE: Amended Abstract

Ms. Reynolds,
Please respond to the e-mail listed below so that this matter may be resolved this morning.  This is urgent.
All I’m just asking is that my license be reinstated without the fees.
I need to know what further action I need to take to resolve this matter.
Thank you.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: RE: Amended Abstract
From: <hlux@americanpatriotscommittee.com >
Date: Mon, August 11, 2014 8:55 am
To: JLReynolds@courts.state.va.us
Cc: BDecatur@courts.state.va.us

Ms. Reynolds,
Then I don’t understand.  Can you explain to me what you met by your previous e-mail.
Thank you.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Re: RE: Amended Abstract
From: JLReynolds@courts.state.va.us
Date: Mon, August 11, 2014 8:33 am
To: < hlux@americanpatriotscommittee.com> Yes—–< hlux@americanpatriotscommittee.com> wrote: —–

To: JLReynolds@courts.state.va.us
From: < hlux@americanpatriotscommittee.com>
Date: 08/11/2014 08:08AM
Cc: BDecatur@courts.state.va.us
Subject: RE: Amended Abstract

Ms. Reynolds,
You stated below that the DMV was already notified.  Isn’t that correct?
Thank you.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Re: RE: Amended Abstract
From: JLReynolds@courts.state.va.us
Date: Mon, August 11, 2014 7:59 am
To: < hlux@americanpatriotscommittee.com>

Mr. Lux,
DMV will not be notified, until the Stafford County Circuit Court Clerk’s Office receives an order signed by a Judge of a  Stay on Execution.
Jo Ann Reynolds
Deputy Clerk
Stafford County Circuit Court Clerk’s Office
To: JLReynolds@courts.state.va.us , BDecatur@courts.state.va.us
From: < hlux@americanpatriotscommittee.com >
Date: 08/08/2014 05:01PM
Subject: RE: Amended Abstract

Dear Jo Ann and Barbara,
Although asked for, no one ever provided me with any code section or any written rule that required me to provide a written Notice of my appeal to the Federal Courts or it would have been provided. There are people within our Judicial System that are requiring people to do what is not required by the law or documented Rules, basically just do as I say. This is not how our system is supposed to work.
If you can provide a document that notified me when I asked for the rule or code section that requires me to put my intention in writing to the Circuit Court of Stafford when exercising my due process rights  of going into the Federal Courts I will be glad to pay a reinstatement fee.  If you can not produce such a document I ask that you make sure that the error in requiring me to pay a reinstatement fee is resolved immediately.  The DMV will do according to them what they are asked to do by you.  It has cost me enough over the years fighting the corruption taking place in the Stafford Court System and over the last month because of my license being suspended.  The court has never produced to me, to this day, verbally or in writing the requirement to put something in writing to keep my license from being suspended.  My e-mail to Ms. Decatur contains my intentions in writing to exercise all my legal remedies to prove that the Obstruction charge is based on fraud and a disregard for the law, apparently that was not enough.
I have a Mandamus that will be heard on August 14, 2014 to require the Court to put me on the docket to help bring criminal charges against those involved in bringing the false charges against me.
Therefore, please let the DMV know that I am not required to pay any fee.  Without providing me with any law or rule when I asked for it my license had no basis of being suspended.  The DMV says that these issues must be resolved by you, the Circuit Court.
Thank you.
If there are any questions please call me immediately so this issue can be put to rest.
Sincerely,
Herb Lux
——– Original Message ——–
Subject: Amended Abstract
From: JLReynolds@courts.state.va.us
Date: Fri, August 08, 2014 3:51 pm
To: hlux@americanpatriotscommittee.com

Mr. Lux,
An Amended Abstract has been faxed to DMV.
You will be responsible to pay the re-instatemnet fee to DMV.
Jo Ann Reynolds
Deputy Clerk
Stafford County Circuit Court Clerk’s Office
———————————————————————–
8-7-14
Dear Barbara,
I have talked to the DMV and they said they need an amended abstract from you to get my license reinstated.
I talked to your staff after the Petition For Rehearing that was denied on June 13, 2014 Re; the False Obstruction Charge procured with the use of perjury.  I let them know that I had a right to appeal into Federal Court and I would be.  I’ve tried to talk to you regarding this matter and you have not responded so this could be resolved.  I’m attaching Supreme Court Rule 13 giving the time for filing from state court.  It is 90 days.  The Order from the Supreme Court is June 13, 2014.  Therefore I have until September 11, 2014 to file my appeal.  My license should not be revoked prior to that time.  If I perfect my appeal the fines etc. still need to be stayed until completed.
At this time you are trying to force me to pay fines and costs based on the Order procured by fraud on the Court in the Obstruction Case although my appellate rights have not been exhausted.
I do not want to have to file a law suit against you to have my license reinstated.
I do not have an ax to grind with you.  I’m just lawfully protecting my rights.
Mr. Neely perpetuated fraud on the Court in Spotsylvania 2 times within about the last 3 weeks where he tried to have me put in jail claiming I had exhausted my appeals which was false.  He used the same fraudulent Order he prepared on two occasions with two different Judges to have them enter Orders revoking my Bond to put me in jail where they both had to be vacated.  The last one vacated yesterday morning August 6, 2014.  Neely’s actions are criminal and actions are being taken to hold him accountable.
Unfortunately the same criminal conduct is taking place in Stafford.
Please take a moment today and get my license reinstated until I’ve exhausted my legal remedies or please tell me why you will not.
Thank you.
Sincerely,
Herb Lux
540-846-8212
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8-6-14
 
Recent Time Line of Events from July 1, 2014 – August 6, 2014.  
 
Commonwealth Attorney of Spotsylvania County, William F. Neely’s attempts to unlawfully revoke Herbert W. Lux, Jr.’s appeal bond and put him in jail using two different Judges has failed.   Two Orders were prepared by William F. Neely and submitted to two different Judges had to be vacated by them.  The Orders show that Neely falsely claimed Herbert W. Lux, Jr. had “exhausted all his appeals” which is not true.  Lux’s appeal is in the Supreme Court of Virginia Record No. 140284 at this time.
After a trial against Herb Lux’s son Matthew T Lux on January 31, 2011 Herb Lux put up a web site www.WilliamFNeely.info, and passed out thousands of flyers to expose Deputy Sheriffs entering his son’s house without a search warrant where Deputy’s had guns drawn at his son’s bedroom door, and claiming Neely withheld this video evidence and used perjured testimony in his son’s trial.  
Neely then brought charges against Lux which Lux claims are false, and claims to have the evidence of Neely withholding evidence and using perjured testimony of Spotsylvania County Deputy, Sgt. Barbara Harvey.  On June 16, 2011 Lux had Neely on the witness stand in Court where Neely stated, “Mr. Lux chose to start blogging and posting and sending letters to the editor after his son’s conviction in January of this year.  There was a response to those, which later led to these charges”…
These charges are under appeal in the Supreme Court of Virginia at this time.
July 1, 2014 Order comes back from the Supreme Court of Virginia refused the Petition for Appeal  (See Order)
July 3, 2014 using this Order Neely submits an Order to Judge Joseph Ellis who had already recused himself from this case by Order dated June 27, 2011.  The whole 15th Circuit was recused including Ellis on July 12, 2011.  (See Orders) Commonwealth Attorney William F. Neely falsely claims that Lux has “exhausted all of his appeals as set forth in the July 1, 2014 Order of the Supreme Court”  The Supreme Court Order mentions no such thing as there is a right to Petition for Rehearing which was done on July 15, 2014.
July 3, 2014 Judge Joseph Ellis enters an Order Revoking Appeal Bond and Remanding Defendant To Serve Sentence (See Order)
July 8, 2014 E-Mail from Herb Lux to Christy Jett, Clerk of the Circuit Court of Spotsylvania letting her know of the false information that Neely was using to support the Order to revoke bond etc.  (See E-mail) and how she was being used to further Neely’s criminal conduct to willfully violate Lux’s rights.
July 10, 2014 Motion to Rescind The July 3, 2014 Court Order filed by Price Koch.  (See Notice and Motion)
July 15, 2014 a Supplement To Motion To Rescind or Stay The July 3, 2014 Court Order filed by Assistance of Counsel Price Koch.  Hearing date scheduled for July 17, 2014.  (See Supp Motion)
July 15, 2014 Judge Joseph Ellis vacates his Order of July 3, 2014 prior to the scheduled hearing of July 17, 2014, and refers the Case to the Supreme
Court of Virginia to appoint a judge to preside over this case.  (See Order)
July 15, 2014 Petition For Rehearing by E-Mail is sent to the Supreme Court of Virginia they acknowledge they received it. (See e-mail)
July 25, 2014 Judge Richard D. Taylor is designated to preside “continuing until the matters presented to him in this case have been disposed of according to law.”  (See designation)
July 30, 2014 Commonwealth Attorney William F. Neely sends a letter with an Order prepared to Judge Taylor falsely claiming that Lux has “exhausted all of his appeals as set forth in the July 1, 2014 Order of the Supreme Court” asking the Judge to enter the Order.  The Supreme Court Order mentions no such thing as (exhausting appeals) there is a right to Petition for Rehearing which was done on July 15, 2014.  (See letter)
July 31, 2014 a letter is sent to Judge Taylor by Price Koch regarding Neely’s request to Revoke Bond Etc.  (See letter)
August 4, 2014 Judge Richard Taylor enters an Order Revoking Appeal Bond And Remanding Defendant To Serve Sentence.  (See Order)
August 5, 2014 at approximately 1:00 am Deputy Sheriffs are dispatched to 6205 Plank Rd. Fredericksburg, VA 22407 where Herbert W. Lux, Jr. resides.  This was done by the Sheriff’s Department under the apparent direction of William F. Neely before any action was taken by the Circuit Court required by the Order because they had not received the Original Court Order.  The Sheriff’s Department took action without the required Certified Order from the Clerk of the Spotsylvania Circuit Court.  (See Order of )
August 5, 2014 a letter is sent from Herbert W. Lux, Jr. by E-Mail to Latasha Booker sec. of Judge Richard Taylor giving information proving Neely was giving him false information. (See letter)
August 5, 2014 Price Koch files with Circuit Court and faxes Motion To Vacate The August 4, 2014 Order That Revokes Defendant’s Appeal Bond And Remands Defendant To Serve Sentence to Judge Richard Taylor. (See Motion)  Herbert W. Lux, Jr. is now awaiting a response from Judge Taylor vacating the Order procured by fraud on the Court by William F. Neely when he falsely claimed in both Orders, dated July 3, 2014, and August 4, 2014 that Lux had “exhausted all of his appeals”.
 August 6, 2014 Judge Richard Taylor vacates Order of August 4, 2014 because the appellate process is still taking place contrary to the false information put in the Order and submitted to the Judge for his signature.  (See Order)
Contact Numbers of those Neely is trying to use to support his fraud on the Court and violation of the rights of Herbert W. Lux, Jr.
Commonwealth Attorney, William F. Neely 540-507-7650
Deputy Clerk, Gwen Jones of the Circuit Court of Spotsylvania County 540-507-7608
Judge Joseph Ellis 540-507-7624
Judge Richard Taylor Sec. Latasha Booker 804-646-6516
Sheriff Roger L. Harris, Spotsylvania Sheriff’s Department 540-507-7200
The actions taken by Neely are in violation of and contrary to the Code of Professional Conduct, Virginia Code Section 19.2-319, of due process 5th and 14th Amendments of the United States Constitution and the 4th Amendment against unlawful seizure of person and Article I Section 10, unlawful seizure, and 11 due process of the Virginia Constitution.
The case numbers involved are listed below.
Circuit Court No. CR11 789-791, Supreme Court of Virginia Record No. 140284, Court of Appeals No. 1528-12-2
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8-5-04
Ms. Booker,
Please get this Motion to Judge Taylor ASAP as William F. Neely falsely stated in the Order signed by Judge Taylor that, “It now appearing that the defendant has exhausted all his appeals as set forth in the July 1, 2014 Order of the Virginia Supreme Court refusing the defendant’s entire Petition for Appeal;”….  Mr. Neely knows that this case is still in the Supreme Court of Virginia on a Petition for Rehearing.  I again attach the response from the Supreme Court of Virginia proving that Record No. 140284.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Urgent Letter to Judge Taylor
From: <hlux@americanpatriotscommittee.com>
Date: Tue, August 05, 2014 1:56 pm
To: Latasha.Booker@Richmond.gov
Cc: “Price Koch” <koch@smhklaw.com>

Ms. Booker,
Please get this letter to Judge Taylor ASAP as he is unknowingly been used by Commonwealth Attorney of Spotsylvania County, William F. Neely to enter and Order to revoke my bond, Neely alleging that I have exhausted all my appellate rights, although the case is still on appeal to the Supreme Court of Virginia.  Please see e-mail notification from the Supreme Court of Virginia.
Thank you,
Sincerely,
Herb Lux
540-846-8212

 

————————————————————————–
7-31-2014
Dear Barbara,
I have tried to resolve the issue of not having my license suspended prior to the suspension date but you did not communicate with me.  What do I need to do to have you get my license reinstated?
This is an urgent and serious matter because it is causing damage to me.  I am in the process of filing action in Federal Court because the Obstruction charge of which you are trying to collect money is based on perjury and a complete disregard of the law and therefore a nullity.
I look forward to hearing from you so the license issue may be resolved today if possible.
Thank you.
Herb Lux
540-846-8212
Dear Barbara,
Are you going to have my license reinstated today as I am still pursuing actions for exoneration of the false charge of Obstruction of Justice by the Commonwealth Attorney prosecuted by Michael Hardiman with the use of perjury?
I found out that Chuck Feldbush witnessed the hearing when I was falsely arrested then charged with Obstruction.  I have attached a sworn affidavit from Chuck Feldbush.  The deputy sheriffs gave perjured testimony to support the false charges brought by the Commonwealth Attorney’s Office.  Had you put me on the docket to have my requests for felony arrest warrants heard as required under Virginia Code Section 19.2-71 and 19.2-72 the false charge of Obstruction may have been resolved by now.
If you will place me on the docket to have the request for felony arrest warrants heard by a Circuit Court Judge as required by the law I will drop the Mandamus that has been filed against you.
Again I ask, are you going to stop the collection efforts of costs and fees etc. for the false charge brought against me for obstruction of Justice and have my license reinstated to help mitigate the damages that are being caused from the false charge?
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Re: RE: Obstruction Charge Fines and Costs
From: BDecatur@courts.state.va.us
Date: Wed, July 30, 2014 9:36 am
To: <hlux@americanpatriotscommittee.com>

Received.

—–<hlux@americanpatriotscommittee.com> wrote: —–

To: BDecatur@courts.state.va.us
From: <hlux@americanpatriotscommittee.com>
Date: 07/29/2014 03:32PM
Subject: RE: Obstruction Charge Fines and Costs
Dear Barbara,
I’m disappointed that you never responded to me about the possible revocation of my drivers license.  The choice to enforce the payment of court costs and fees etc. falls within your responsibilities as the Circuit Court Clerk.  You are well aware of the criminal conduct and false charges brought against me by the Commonwealth Attorney’s Office because I have kept you abreast of it and of course you have the Court Records.  It has come to my attention that my license has been suspended for failure to pay fees and costs to you, the Circuit Court of Stafford County.  Your actions to have my license suspended is causing damage to me by your actions/in actions.  I ask that you contact the DMV and have my license reinstated to stop the damage and harm being caused, which you have the authority to do, as the Clerk of the Circuit Court.
You failed to communicate in any manner with me to keep my license from being suspended.  As I mentioned in the e-mail below, and you know, I have tried to have requests for felony arrest warrants heard since February which  you failed to place on the docket which would impact the false charge of obstruction for which you are now trying to collect court costs and fees.  This action perpetuates the criminal conduct taken against me by the Stafford Commonwealth Attorney through the use of perjury etc.  Again, I ask that you stop the collection of the fees and costs at this time until all the remedies at my disposal are exhausted to expose the perjury and criminal conduct of which the charge is based and have my license reinstated.
Please let me know what you plan to do regarding this most serious matter.
Sincerely,
Herb Lux
540-846-8212
——– Original Message ——–
Subject: Obstruction Charge Fines and Costs
From: < hlux@americanpatriotscommittee.com>
Date: Thu, July 17, 2014 1:37 pm
To: BDecatur@courts.state.va.us
Dear Barbara,
According to a mailing from your office my drivers license could be cancelled tomorrow if the fines etc. are not paid etc.
I ask that you hold off on the request for the payment of any fees until all my legal remedies are exhausted.
A major problem is that the judgment against me was achieved through the use of perjured testimony of Deputy Sheriffs procured by Michael Hardiman.  Chuck Feldbush has signed a sworn Affidavit to this fact that Deputy’s did in fact give false testimony.  I have tried since February to have requests heard of felonious conduct by a Circuit Court judge.  As you know this has been blocked.  The Mandamus that I had to file against you having to do with this issue will be heard in August.
I have not exhausted all the legal remedies to have the false charge against me dismissed.
Therefore I ask that you withdraw the request for payment of fees and costs etc. until all legal remedies are exhausted or the false charge is dismissed.  If my license is cancelled or action is taken against me to try to enforce payment against me prior to the exhausting all legal remedies it will cause irreparable harm.  As the Circuit Court has nothing to loose by waiting until all my legal remedies are exhausted I ask that you contact the DMV so my license will not be cancelled.
Please let me know if you have put the enforcement of the fees etc. on hold.
Please contact me if there are any questions etc.
Thanks.
Sincerely,
Herb Lux
540-846-8212

 ———————————————————————————-

Stafford County, Virginia – Courthouse Corruption

Deputies attack courtwatchers when Herb Lux sticks it to the MAN!

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          The Full Court Press(“TFCP”) went to Stafford County Circuit Court on June 23,2014 to sit in on a pivotal Pro-Se FOIA lawsuit commenced by  Herbert Lux.  Herb, is an experienced self litigator and has several Appellate Court reversals under his belt.  At 65, Lux is the quentisential Godfather of all  Virginia Pro-se activists who assert their rights in the State  and Federal courts.

           In this case, Lux had issued subpoenas to the Commonwealth’s Attorney’s staff in Stafford County for the purpose of proving that the Commonwealth Attorney was willfully hiding information and conspiring with his own staff to not comply with the VFOIA Law.  Simply put,  Eric Olsen, the Commonwealth Attorney was alleged to have directed his staff to NOT RESPOND to Lux’s attempts to gain access to information through The Virginia Freedom of Information Act .  In the Act, not responding to a Citizen is a Violation and if its proven to be willful and knowing, then the Government must pay Civil Penalties ranging from $500-$2000.00 for the first offense and $2000-$5000.00 for each subsequent office.

As TFCP watched this case from the benches behind the court, It was apparent that the audio amplification was turned off in the courtroom.  Each courtroom is supposed to be in compliance with ADA but obviously by the sound quality in that courtroom it was impossible to hear anything that the Judge Designate was saying. The TFCP representative(“rep”) sat up in the gallery and placed his hand over his ear so to cup the sound and voice of the Judge.  It was not working very well and the rep sat back in the bench frustrated because the Judge had ruled on a motion with no idea what it was.

At that point,  Stafford County Sheriff’s Office Deputy Virginia Van Valzah, was standing up by the Judge’s Bench.  She agressively started walking towards our rep in the gallery and approached him with a “bark” not to move, shake his head, open his mouth or twist in his seat.   The rep replied:  “I can’t hear anything in this courtroom”.  Valzah then motioned for him to get up from his seat and come outside where she commenced her threats and intimidation towards our blogger.  At one point during the confrontation in the hall, he stated “If you would turn up your ADA compliant speaker system, then I will be able to hear the proceeding and not have to hold my hand up to my ear or lean forward.  

powell

           Deputy Valzah, barked back:  Go back into the courtroom, sit down and dont make any movements – or I will have you removed from the Courtroom and arrest you.  The rep stated:  That’s not necessary because I refuse to go back into that courtroom under such duress with the threat of being assaulted if I move in my seat.   Immediately the rep went to the Stafford County Sheriff’s Department and made a verbal Complaint to Sgt John Ashby and retrieved the complaint paperwork for a formal complaint to be filed.

           Upon doing further investigation on this deputy,  she has a learning disability and ironically  is a training officer for the Sheriff’s Department according to this Article.  Not sure how are demand for the deputy to be retrained would work, regardless,  she states that she has been playing cops and robbers since she was a little girl and has wanted to be a police officer since she was seven.  She further said in the article:

 “People do things differently and they learn differently,” she said. “I want to be the person who understands a learning disability. They could be the best at the job. They don’t know how to do it unless you help them, but they could be the best.”

Van Valzah told a crowd of some 1,500 at the Fredericksburg Expo andConferenceCenterthose with learning disabilities shouldn’t allow themselves to feel stigmatized—that they should not be embarrassed to seek help.

In her speech, she said that if others, “had not helped me in the ways that they did, I am convinced that I would be a different person. Lend a helping hand. It may not be as black and white as my story is, but to that person it could change their whole life. So today, go forward with that message. Be someone’s inspiration and do not be afraid to ask for help yourself. Go forward to learn and to teach, to be helped and to help.”

          With all due respect, Ms Valzah may be a model deputy but from our experience, highly unlikely.  After communicating the ADA issue and our rep’s hearing problem, She continued the threats instead of offering him the ADA Courtroom headphones.  In light of the discovery that came  from the Herb Lux v. Eric Olsen case, its clear that the apples don’t fall far from the tree.

          Mr. Olsen himself is now twisted up in a potential election fraud scheme where he ran for the Commonwealth Attorney’s seat while NOT living in Stafford County.  That is a Class 4 Felony and therefore, arguably may make him an unadjudicated felon holding a Constitutionally Elected Position – Defacto with no authority behind his office.

          End Result – Lux’s 1st FOIA case was dismissed because the Court ruled that he could not put on witnesses and evidence to prove his case – making his lawsuit a legal anomoly and utterly absurd. The Court quashed his subpoeanas(dismissed them) and refused to grant Lux a RULE to SHOW CAUSE as to why the Commonwealth’s Attorney’s staff should not be held in criminal contempt for violating a properly issued Court Subpoena.

          In effect, the Court attempted to cleanse the misdeed of the Commonwealth Attorney by making the subpoena’s moot.  The problem the Court can not escape is that regardless of whether it quashed the subpoena’s, that is irrelevant.  The people were still required to show up, even if the Court was going to relieve them of their duty to adversarially  testify in the proceeding.

          Next Question now,  resolves around Lux’s case being  dismissed with or without prejudice.  It’s unclear until the nebulous Court Order is entered into the record.

          Stafford County Sheriff’s Department can expect FOIA’s from TFCP regarding their training policy and ADA policy in the Courtrooms.  It would be a joy to extract that information through an adversarial proceeding which was appealed to the Supreme Court of Virginia.  Stay tune for further development on this FOIA case and our situation.

[wysija_form id=”2″]

 

——————————————————————————–

Note from Joe Kee:

Herb Lux is on the offensive. Anyone who has not kept up to date with the cases against Herb and his cases against corrupt officials may not have a full understanding of the below communications. If you would like to know more details, I or Herb would be glad to answer your questions as best we can.

The E-mails below concern charges which Herb has filed against 3 sheriff’s deputies who illegally entered his car and seized all available legal documents. They did so based on an illegal order, or suggestion, by a judge who had minutes before ruled against Herb in spite of evidence to the contrary. No search warrant was ever issued. Herb initiated a deposition where he will be asking the deputies some very incriminating questions.

The attorneys involved are Lislie Wimmeberger an William Etherington from the same law firm and are paid by the state of Virginia. Herb knows the applicable law and rejects their attempts to sway the proceedings in their favor contrary to the law.

If you believe in justice, you will be interested in the below E-mails

 

“That Freedom Shall Not Perish”,

Joe Kee

Cell phone 757-537-1351

 

—–Original Message—–
From: hlux@americanpatriotscommittee.com [mailto:hlux@americanpatriotscommittee.com]
Sent: Monday, April 21, 2014 10:11 PM
To: Leslie Winneberger
Cc: cjett@courts.state.va.us; cdoggett@courts.state.va.us; William Etherington
Subject: RE: FW: Depositions Case No. CL12-1189

 

Ms. Winneberger,

 

The location and the method of taking the depositions will take place as stated on the subpoenas.  You may conduct your depositions any way you would like under the Rules of the Supreme Court just as I have done.  The Rules of the Supreme Court do not require agreement on the type of depositions someone plans to conduct, please point out any rules to the contrary.

 

We agreed to the date because of your schedule.  I did not agree to have depositions at the Courthouse. Everything will remain as filed.  If you fail to have your clients show up I will seek a contempt charge against them and a criminal charge against you for counselling them to violate the law, the subpoenas.  I will then file a Motion to Compel and seek damages from you and your clients.  Further, a word of caution for your clients, they need to tell the truth or I will be seeking perjury charges.  It seems there are officers in Spotsylvania that are more than willing to provide false testimony.  That will not be tolerated.

 

I look forward to seeing you Thursday at Frances K. Haley and Associates, 10687 Spotsylvania Avenue, Fredericksburg, VA 22408.

 

Any questions please don’t hesitate to call.

 

Sincerely,

Herb Lux

540-846-8212

 

——– Original Message ——–
Subject: FW: Depositions Case No. CL12-1189
From: Leslie Winneberger <LWinneberger@bealelaw.com>
Date: Mon, April 21, 2014 10:29 am
To: “hlux@americanpatriotscommittee.com
<hlux@americanpatriotscommittee.com>
Cc: “cjett@courts.state.va.us” <cjett@courts.state.va.us>,
cdoggett@courts.state.va.us” <cdoggett@courts.state.va.us>, “William
Etherington” <WEtherington@bealelaw.com>

Mr. Lux:  I recently learned that you had subpoenas sent to my clients for their depositions this Thursday to take place at a location other than the courthouse.  As you can see from our correspondence below, I made clear that the depositions needed to take place at the courthouse.  I also understand that you plan to take a video deposition.  We never agreed to a video deposition, only stenographic.  We do not want our clients’ depositions appearing on the internet.  Please make arrangements for the depositions to take place in a conference room at the courthouse.  Furthermore, please make sure you cancel your plans for a video-taped deposition.   The depositions will not go forward if the location is not changed and the plans for video taping are(not/JK) cancelled.  Please confirm you have made these changes before Thursday.

 

Leslie

 

Leslie A. Winneberger, Esq.

Beale, Davidson, Etherington & Morris, P.C.

701 E. Franklin Street

Suite 1200

Richmond, Virginia 23219

(804) 788-1500

 

From: Leslie Winneberger
Sent: Tuesday, March 18, 2014 10:46 AM
To:hlux@americanpatriotscommittee.com
Cc: William Etherington
Subject: RE: Depositions Case No. CL12-1189

 

Please arrange for a conference room at the court house for the depositions.

 

Leslie A. Winneberger, Esq.

Beale, Davidson, Etherington & Morris, P.C.

701 E. Franklin Street

Suite 1200

Richmond, Virginia 23219

(804) 788-1500

 

From: hlux@americanpatriotscommittee.com [mailto:hlux@americanpatriotscommittee.com]
Sent: Monday, March 17, 2014 3:44 PM
To: Leslie Winneberger
Subject: RE: Depositions Case No. CL12-1189

 

Ms. Winneberger,

 

After checking with the court reporter April 24, 2014 at 2:00 pm will work for the depositions of the three officers.  I set it in the afternoon for your convenience.

 

Any questions, please call me.

 

 

Herb Lux

540-846-8212

——– Original Message ——–
Subject: RE: Depositions Case No. CL12-1189
From: Leslie Winneberger <LWinneberger@bealelaw.com>
Date: Fri, March 07, 2014 11:25 am
To: “hlux@americanpatriotscommittee.com
<hlux@americanpatriotscommittee.com>
Cc: William Etherington <WEtherington@bealelaw.com>

I understand Kathleen H. Hnatt was the court reporter at the hearing the other day.  We suggest you contact her at (540) 898-1527 for the depositions.

 

As you saw from Bill’s email below, April 28 and 29 will not work for the depositions.

 

Leslie A. Winneberger, Esq.

Beale, Davidson, Etherington & Morris, P.C.

701 E. Franklin Street

Suite 1200

Richmond, Virginia 23219

(804) 788-1500

 

From: William Etherington
Sent: Friday, March 07, 2014 11:17 AM
To: Leslie Winneberger; hlux@americanpatriotscommittee.com
Subject: RE: Depositions Case No. CL12-1189

 

4/28 and 29 do not work for me.

 

From: Leslie Winneberger
Sent: Friday, March 07, 2014 10:45 AM
To: hlux@americanpatriotscommittee.com
Cc: William Etherington
Subject: RE: Depositions Case No. CL12-1189

 

Mr. Lux:  The following dates are available for the depositions of Drewry, Shanahan and Hall:  April 15, 21, 24, 28 or 29.  All of these depositions should be scheduled on the same day.  Please make arrangements for a stenographic court reporter on that date.  We will not proceed with depositions unless such a court reporter is present.  Because these are your depositions, you will be responsible for the cost.

 

As I said in my previous email to you, this is the third time you have asked for deposition dates in this matter.  Please let me know which date you pick as soon as possible and send me the required notices.  My clients’ calendars fill up quickly. We will ask for sanctions if we are required to give you dates yet again because you failed to follow through.

 

Leslie

 

Leslie A. Winneberger, Esq.

Beale, Davidson, Etherington & Morris, P.C.

701 E. Franklin Street

Suite 1200

Richmond, Virginia 23219

(804) 788-1500

 

From: hlux@americanpatriotscommittee.com [mailto:hlux@americanpatriotscommittee.com]
Sent: Tuesday, March 04, 2014 9:15 AM
To: Leslie Winneberger
Subject: RE: Depositions Case No. CL12-1189

 

Ms. Winneberger,

 

I have not heard from you to get available dates for depositions.  As this matter needs to be concluded I will try calling you today.  Please have a calendar available so we can get some dates set.  If you are unable to follow through with this matter I will issue some some subpoenas to the deputies for their appearance on a date that I will choose.

 

Thank you for your attention to this matter.

 

Herb Lux

540-846-8212

 

——– Original Message ——–
Subject: RE: Depositions Case No. CL12-1189
From: <hlux@americanpatriotscommittee.com>
Date: Tue, February 18, 2014 3:20 pm
To: “Leslie Winneberger” <LWinneberger@bealelaw.com>

Ms.  Winneberger,

 

I would like to get your dates to get the depositions done regarding the three deputies as mentioned below.  I know we have tried to address these a number of times so if you could get some dates that will work between now February 18, 2014 and March 10, 2014 except for Fridays that would be great.  Please let me know ASAP.

 

Just to note, I will be asking for a trial by jury in this case.

 

I think you are also handling some other maters that we need to get resolved so any thoughts on those would also be appreciated.

 

 

Herb Lux, Jr.

540-846-8212

——– Original Message ——–
Subject: Depositions
From: Leslie Winneberger <LWinneberger@bealelaw.com>
Date: Thu, August 29, 2013 9:42 am
To: “hlux@americanpatriotscommittee.com
<hlux@americanpatriotscommittee.com>
Cc: William Etherington <WEtherington@bealelaw.com>

Mr. Lux:  I apologize that it has taken me some time to get back to you with available deposition dates.  I needed to check dates with all the deputies.  Shanahan, Drewry and Hall are available on the following dates in September for depositions:  September 12, 16 or 17.  We would like to use Cook & Wiley for court reporting services.  Please let me know which date is suitable for you and I can make arrangements for the court reporter.  Please know that you will be responsible for court reporting costs since these are your depositions.  Should we decide to take depositions on the same date, we can discuss how to divide the fees.

 

I would like to start the depositions at 10:30 or later to allow time to travel to Spotsylvania.  I can arrange for a deposition site at the court house once we decide on the date and time.

 

Thank you.

 

Leslie Winneberger

 

Leslie A. Winneberger, Esq.

Beale, Davidson, Etherington & Morris, P.C.

701 E. Franklin Street

Suite 1200

Richmond, Virginia 23219

(804) 788-1500

(804) 788-0135 (facsimile)

 

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Reply, Reply All or Forward | More

Click to reply all

 

————————————————————————————————————–

Claude
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
540-846-8212
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
cpdunn@comcast.net
Government can only give you what it takes from someone else!

On Aug 16, 2013, at 7:47 AM, <hlux@americanpatriotscommittee.com> 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” <mchugh1952@gmail.com>
> Date: Thu, August 15, 2013 10:08 pm
> To: “‘Rick Ryan'” <rick.ryan3@gmail.com>
> Cc: “‘Herb Lux'” <hlux@americanpatriotscommittee.com>, “‘Catherine
> Crabill'” <ccrabill@verizon.net>, “‘Claude'” <cpdunn@comcast.net>,
> “‘Dave Mason'” <daveragt@gmail.com>, <jrooneyjk@yahoo.com>,
> <DelBMarshall@house.virginia.gov>, “‘Anna'”
> <anna@pioneerhomeandhealing.net>, “‘jeanandmajor'”
> <JeanandMajor@aol.com>, “‘Raymond'” <HAGENBUCHR@aol.com>, “‘RBRUCEPIX'”
> <RBRUCEPIX@aol.com>, “‘Robert Shannon'” <robertshannon_44@msn.com>,
> “‘Price Koch'” <koch@smkclaw.com>
>
> Is Rob Sarvis the Libertarian guy?
>
>
>
> From: Rick Ryan [mailto:rick.ryan3@gmail.com]
> Sent: Thursday, August 15, 2013 1:09 PM
> To: Mike McHugh
> Cc: Herb Lux; Catherine Crabill; Claude; Dave Mason; jrooneyjk@yahoo.com; DelBMarshall@house.virginia.gov; 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 <mchugh1952@gmail.com> wrote:
> How did it go yesterday
>
> From: Rick Ryan [mailto:rick.ryan3@gmail.com]
> Sent: Thursday, August 15, 2013 11:50 AM
> To: Herb Lux
> Cc: Catherine Crabill; Claude; McHugh1952@gmail.com; Dave Mason; jrooneyjk@yahoo.com; DelBMarshall@house.virginia.gov; 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.
>

——————————————————————————————

For immediate release:

 

 

CITIZEN TAKES ACTION TO ARREST JUDGE FOR CRIMINAL CONDUCT

Spotsylvania County Virginia- Under Virginia Code Section 19.2 -71 & 19.2-72, probably not familiar with the average Citizen here in Virginia, Herb Lux is seeking to have a Warrant of Arrest issued against Judge, David H. Beck who presides in the Circuit Court of Spotsylvania County.

On March 11, 2013, Herb Lux requested Clerk of the Circuit Court of Spotsylvania County, Christy Jett to ask the Supreme Court of Virginia to appoint an impartial judge to hear requests to have Warrants of Arrests issued.

Lux stated,“I have attempted to have requests for Warrants of Arrest heard and issued against Spotsylvania, Deputy Sheriff, Barbara Harvey for perjury and Commonwealth Attorney, William F. Neely for inducing false testimony, both felonies, but my efforts have been unlawfully blocked by Judge, David H. Beck.”“Judge, Beck has now acted to cover up such criminal conduct in violation of the law.  So I am seeking to have him arrested also.”

“It’s clear it would be improper for Judge David H. Beck to hear or be involved in any way in a ruling or the selection of a judge to hear these matters, as it would be a direct conflict of interest.”  Lux further stated, “It’s necessary to have an impartial judge hear these serious matters.”

Judge, David H. Beck is the Chief Judge of the 15th Circuit.

Herb Lux is president and founder of the www.AmericanPatriotsCommittee.com The Committee requires anyone running for public office to take a course on the Constitution and pass it or prove their competence with a test or they will not be supported for office.

Contact:

Herb Lux

6205 Plank Rd

Fredericksburg, VA 22407

540-846-8212

———————————————————————————–

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