Woman convicted of animal cruelty uses stun gun on trooper

Donna M. Perry, Staff Writer

Friday, October 16, 2009

FARMINGTON — Police say a 65-year-old New Sharon woman assaulted a state trooper with a 975,000-volt stun gun during an investigation into possible animal hoarding at her house on Lane Road.

Donna M. Perry/Sun Journal

Staff of the Maine State Animal Welfare Program and Maine State Police seized about 40 animals Thursday from Carol Murphy's home at 248 Lane Road in New Sharon. Murphy is under a lifetime ban prohibiting her from having animals.

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Donna M. Perry/Sun Journal

Sun Journal file photo

Carol Murphy of New Sharon

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Donna M. Perry/Sun Journal

Maine state veterinarian, Dr. Christine Fraser, carries a large animal crate to Carol Murphy's home where staff from the Maine Animal Welfare Program and Maine State Police were seizing animals. Murphy used a stun gun on a state trooper Wednesday.

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Carol Murphy pleaded not guilty in Franklin County Superior Court on Thursday to assault on an officer, criminal threatening, refusing to submit to
arrest and criminal use of an electronic weapon. She was being held at the Franklin County jail on
$10,000 cash bail or $100,000 worth of real estate.

State Animal Welfare Program staff and Maine State Police seized at least 40
domestic and farm critters, including a donkey, two alpacas and a
pot-bellied pig, at Murphy's house on Thursday.

"We found a lot of animals," Animal Welfare Director Norma Worley said. "Forty at
minimal; maybe more."

Murphy is under a court
order that bars her from keeping animals at her home.

In 2004, nearly 70 animals were seized from her property, most of
them
living in her house and garage. In 2005, she was convicted of animal cruelty
and possessing animals without permits. Murphy was sentenced to six months in jail, with all but
24 hours suspended, and one year of probation. She was fined and ordered to pay restitution, as well as prohibited
from possessing any animals for the rest of her life.

State Trooper Aaron Turcotte, who was not seriously injured by
the shock to his head and neck, went to the house Wednesday after a
representative from People for the Ethical Treatment of Animals asked
police to check on Murphy.

Turcotte wrote in an affidavit that when he arrived at the house he
saw several roosters walking around outside and Murphy walking toward
her car. He told her he had a warrant for her arrest and asked if she
needed to lock her home. She shook her head and
walked into her house, he wrote. The warrant was issued for unpaid fines and fees in connection with the animal cruelty
conviction in 2005.

After Murphy had been inside for
five minutes, Turcotte said he opened the storm door and knocked on the
inside door and it partially opened.

"I could smell a strong
odor of feces coming from inside the home," he wrote. "I could hear
what sounded like several dogs barking from inside."

When Murphy finally came out with her back to him, Turcotte held the door for her because he thought she was having some difficulty.

"At
this time, I felt something striking my face and neck, jolting me," he
said, and he saw a black object in her hand. "I could then hear the noise
being made from the black object and realized I had been shocked by a
stun gun on the face and neck," he wrote.

Turcotte said he ordered Murphy to drop the stun gun, which she
refused to do and began to advance on him. He used pepper spray on her and grabbed her by the arms, pulling her to the ground.
She continued to resist, but he was able to handcuff her, he
said.

Murphy was arrested and taken to the Franklin County jail in Farmington on Wednesday. Her house was watched through the night by state police, Trooper Samuel Tlumac said from the road
in front of Murphy's property on Thursday.

A donkey could be heard braying and a dog was barking. There were roosters in a pet carrier in the driveway.

State veterinarian Christine Fraser carried a large animal crate to the house from a vehicle parked on the road. The animals were to be taken to shelters around the state, Worley said.

dperry@sunjournal.com

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Displaying comments, from newest to oldest

be careful!

By stanleys, unverified — Sun, 09/19/2010 - 05:42

Thanks for sharing, Stun guns is rather dangerous! Last month my neighbor bought stun gun from Electronic Gadgets and one night a stealer was attack by him throught stun gun, then the stealer was sent to the hospital, Luckly, the stealer was safety. So be careful and not used stun gun on students or other people.

That's crazy

By stanleys, unverified — Fri, 09/03/2010 - 20:52

Woman convicted of animal cruelty uses stun gun on trooper stun gun with a 975,000-volt is rather dangerous, i had stun guns for two years and never to use it, i'm afraid that it maybe hurt somebody.

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It is very interesting that

By Charon, unverified — Fri, 10/23/2009 - 10:48

It is very interesting that the Nazi Party has taken over law enforcement in the USA.

1) "Animal Rights" was started, or popularized, by the Nazi Party in order to imprison Jews, quoting Die Weisse Fahne (The White Flag volume 14) ; H. Goering "The friend of animals knows to what inexpressible extent the mutual understanding between man and animal and feelings of togetherness can be developed, and there are many friends of animals in Germany, and also many who cannot accept animal torture out of simple humanitarian reasons. The Prussian minister-president Goering has released a statement stating that starting 16 August 1933 vivisection of animals of all kinds is forbidden in Prussia. He has requested that the concerned ministries draft a law after which vivisection will be punished with a high penalty [death]. Until the law goes into effect, persons who, despite this prohibition, order, participate or perform vivisections on animals of any kind will be deported to concentration camps" and we all know how that turned out.

2) Animals are PROPERTY; like it or not, Federal law still defines them as property. That is why you can buy and sell them. Animal laws, such as those used against her, are in violation of property rights; an act of treason by the persons enforcing it. Treason is a death penalty offense, and the only crime mentioned in the US Constitution - only "we the people" can define what treason is (The federal governments is prohibited from defining it).

3) I have worked with Mrs. Murphy on her cases, and attempted to help many other animal owners that have endured this type of nightmare. It is funny that at least 3 people who condemned me for this, later cried to me after they were the next ones assaulted by the animal rights nuts.

4) Preventing the ownership of animals is another act of treason; the law does not provide for, and never would provide for, a life conviction in a case and issuing an order of this type goes beyond what the law allows for; and they do it knowingly, willingly and intentionally.

5) Only one solution is evident from this; as people refuse to stand up and do anything about it. Each of these people swear an oath to god to support and defend the constitution against all enemies (people who would violate it), when they violate that oath they have committed the only unforgivable sin; Revelations tells us that at the white thrown of judgment they will be condemned for all eternity.

6) The last act of treason I will mention is the judge that issued the arrest warrant. The US Supreme Court has issued a decision that judges cannot imprison a person for their inability to pay court costs, fines, or fees (Tate v. Short 401 US 395 (1971)) - courts have recognized Mrs. Murphy as "Indigent" by Federal law and states must follow that law. This Judge is violating her oath that she must follow the decisions set by the US Supreme Court.

What kind of country do you live in? Will you be the next on 'their' hitlist?

I've known Carol since 1998,

By stevena, unverified — Tue, 10/20/2009 - 23:26

I've known Carol since 1998, and she is DEVOTED to her animals. She gladly goes "without" so that they can have the best veterinary care possible. She is a clean person, and always makes sure her animals are clean and well-fed and healthy.

If you look at the photos accompanying the article, there is CLEARLY a "No Trespassing" sign on her property. I truly believe that person, Ms. Worley, is directly responsible for the problems Carol has had, because Carol has dared stand up to a system that is rotten to the core, stood up for her rights and the rights granted by our laws and our United States of America constitution.

Carol has thirty acres and those include pastures, open land, a barn and outbuildings. So what is the exact number animals a person is able to have on THIRTY ACRES??

And her BAIL is set at $10,000 or $100,000 worth of property! Are they trying to beggar her?

She knows her rights and has dared the justice system to step up to the plate.

As for the person who criticized what Carol looks like, that's a little small-minded, isn't it? None of us can help what we look like, but she looks fine to me.

As another poster mentioned, do read When Vultures Rule. It's eye-opening.

verified

So what is hoarding? Five,

By David Marquis, verified user — Sun, 10/18/2009 - 19:40

So what is hoarding? Five, ten, twenty; what's the law? You have a dairy farm and it doesn't count...nor a zoo or circus; but God forbid you love animals and have more than the State thinks you should.

Remember the Troopers visit was supposedly for an unpaid fine, but the Sun Journal writer slipped and wrote that PeTA had called in a complaint. That has been squashed, the word Taser has been changed to 'stun gun' at $20.00 and no age limit to buy on line.

Norma Worley who is director of the animal welfare department, in my humble opinion, engineered this raid with help from her PeTA friends. Why would she do that you ask? Carol Murphy has filed very serious charges against her and other officials in Federal Courts.

The Journal and other Maine news outlets have gone suspiciously quiet after changing the story a few times.

Did she make bail? What type of treatment is she getting out of sight of the press?

tonyg101 There is a

By ocynk, unverified — Sun, 10/18/2009 - 19:39

tonyg101
There is a growing problem in this country. And it is not the people like this woman who obviously has problems. It is the law enforcement and might I say quasi official law enforcement. Animal welfare organizations, fish and wildlife agencies, sometimes get carried away in enforcing the many and confusing regulations that are part of the law. They actually have people who respond in full riot gear to serve search warrants on people who are often in need of help. Often the warrants are issued on the word of jealous neighbors or because the perp did not dot all the I's or cross all the T's on the vast amount of paperwork required by government agencies. They come in like gangbusters and scare the hell out of many law abiding citizens. Refusing to answer any questions and wrecking someones home. This is not strictly a suburban problem. It also happens in the big cities. many times they break into the wrong house or apartment. When they realize their mistake they don't even apoligise.
They all leave with the doors busted off the hinges, get your own repairman.

hellooooooo! Mz Truth where

By David Marquis, verified user — Sun, 10/18/2009 - 15:13

hellooooooo!

Mz Truth

where are you?

The point being that a lot of posters like to stick a negative comment in (throw crap on the wall to see their name in print ie: vanity) but never research the background or read PREVIOUS statements. True or False?

Mz Truth, this may be why

By David Marquis, verified user — Sun, 10/18/2009 - 11:35

Mz Truth, this may be why Ms. Murphy is angry.

"Maine: March 2004, 10:00 p.m. I arrived home to my 30 acre farm from work. Three feet of snow covered the ground and sparkled in the moonlight. All was silent as I exited the car. There was no noise from my animals which was unusual since I fed and watered them for the evening when I got home. I checked inside the barn. Most of the animals were missing. My $10,000 baby draft horse was lying dead in his stall. His head and neck were missing – someone had hacked them off mutilating his body. I ran outside to the other side of the property to check on the animals in that barn. There were none. A piece of paper fluttered on my front door. Like a sleepwalker, I pulled it off and read the hand printing. It told me that the State of Maine had taken my animals. There was no notice, no due process, no just compensation, no facing an accuser."

you nasty gross animal

By proficient, unverified — Sun, 10/18/2009 - 10:20

you nasty gross animal hoarders! stop defending this person! she hoards animals, lives in sh*t and loves it. she needs mental health help, the animals need to go and she needs to lose her home and now! its unrentable, unsellable, and trashed wtih crap and trash.

you defenders go live wtih a filthy cat lady! or a dirty hoarder.

forget your rights too! this is a police state. she'd live a better life in jail WITHOUT ANIMALS. she was in trouble before for animal creulty!

get with the program america.

Ok, first off, the woman did

By floyd, unverified — Sun, 10/18/2009 - 00:58

Ok, first off, the woman did *NOT* use a Tazer. A Tazer is NOT a stun gun. It fires a set of darts from a cartridge that when both strike a subject, inflict neuromuscular inhibition. I.e.- they make you lose control of your skeletal muscles so that you can not move. Using a Tazer is considered "lethal" force against a police officer b/c you can take him down w/ the weapon, hold him/her helpless, and then take their gun and shoot them. Her *stun gun* is NOT a lethal weapon, as it ONLY inflicts pain, and the trooper acted in an appropriate manner (and he could have Tazed her, pepper sprayed her, hit her w/ a baton, etc. b/c she was "actively resisting"- i.e. fighting w/ the officer- however her actions did NOT rise to deadly force.)

The trooper acted in an appropriate manner, serving a warrant, and obtaining appropriate charges. The other stuff may bear further investigation, but he had legal authority to go on her property and take her into custody.

I am not an animal person

By rutter, unverified — Sat, 10/17/2009 - 23:25

I am not an animal person myself, and was quick to judge this lady as I read the article. But I was SHOCKED by what I learned when I read a little of her writings for the past several years on this very thing...this article certainly does not present the full story, or seem to present the story at all.

Do not read this without reading about who Carol Murphy is... http://www.californiachronicle.com/articles/view/31376

I don't live in Maine, and I don't think I want to...very ominous. Who is the reporter who wrote the above article without any further information???

all these so called lawmen

By justsomeguywhocameby, unverified — Sat, 10/17/2009 - 21:31

all these so called lawmen who advocate putting a slug through the older ladys eyes, need to remember they swore an oath to God to defend the us constitution and lying to God will send them to hell for eternity whether they believe in God or not. im here to tell you these scumbags advocating that they are lawmen and willing to kill are hastening their descent to hell. even though they are lying about being lawmen too. retributiion is coming soon for all, good and evil.

This woman is obviously very

By amcor, unverified — Sun, 10/18/2009 - 20:41

This woman is obviously very sick to the point that she belongs in a hospital. She is a senior citizen, as such the court should waive all fines. As a matter of fact, this woman would benefit from Assisted outpatient treatment. When people like PETA put animals above people, they go overboard. The fact of the matter is horders often feel unloved and have a need to be loved. The love they get is unconditional from these animals. What you people need to understand is that PETA does not want a single person having a dog or cat. As a matter of fact, PETA in thier minds are opposed to using guide dogs for blind people. We should not them, or have them work for us. As to the cop, its about time someone taser an officer. At the G-20 hundreds of peaceful protestors engaged in thier first ammendment rights were tased, gased and hit with the long range acustics DEVICES. Many children under the age of 17 were with thier parents protesting the bankster and the idea of corporations controlling aspects of our societies. As far as i am concerned, if anyone was attacked in my family for protesting or expressingf thier opinions, i will find the officers house and sue them and take thier property. Its about time cops lose civil immunity from lawsuits and have all thier assets siezable, including homes and bank accounts.

The problem lies, that the cops are being taught to ignore thier oaths to protect, serve and even defend the consitution. Visit http://www.oathkeepers.org, i think its cute that a 65 year old woman used what the police call non-lethal weapon on the cop.
The problem is, if the cop tasered her, she could have had an MI. But than again, less than lethal weapons seem to be more acceptable byt the shepple general public.

Wake up people. This woman needs help more than beign incarcerated. You know what happens in jail to mentally ill people? Most of them if they act out wind up in solitary confinement for years. Than they get out, and many wind up killing people or homeless.

It ain't over to the morbidly obese lady sings.

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She's my hero!!!!! I salute

By alex47, unverified — Sat, 10/17/2009 - 20:53

She's my hero!!!!! I salute her for her bravery!!!!! If more of these Nazi cops got tasered maybe they would realise we don't like the way they think they can treat us. Good for her I bet the donations start pouring in for her, and rightfully so.

Being I live in NYC, the gun

By amcor, unverified — Sun, 10/18/2009 - 20:49

Being I live in NYC, the gun control capitol of the world I laughed my ass off. A little 65 year old litterally stunned the jack booted thug of a trooper.

Your right taxpayer; I'm

By sheade, unverified — Sat, 10/17/2009 - 16:16

Your right taxpayer; I'm surprised he didn't fill her with 9 mm slugs; they usually do that for little things like that; very rarely do they use the other training they receive: hand-hand, club, pepper spray, zapper.....

After reading all these

By USAToday, unverified — Sat, 10/17/2009 - 14:04

After reading all these accounts of police and security people
tasering kids and grandmas and people in wheel chairs I'd say that the worm has turned.

Quoting Carol Murphy from

By David Marquis, verified user — Sat, 10/17/2009 - 12:37

Quoting Carol Murphy from her series When Vultures Rule found here...

http://www.californiachronicle.com/authors/view/1941

Maine: March 2004, 10:00 p.m. I arrived home to my 30 acre farm from work. Three feet of snow covered the ground and sparkled in the moonlight. All was silent as I exited the car. There was no noise from my animals which was unusual since I fed and watered them for the evening when I got home. I checked inside the barn. Most of the animals were missing. My $10,000 baby draft horse was lying dead in his stall. His head and neck were missing – someone had hacked them off mutilating his body. I ran outside to the other side of the property to check on the animals in that barn. There were none. A piece of paper fluttered on my front door. Like a sleepwalker, I pulled it off and read the hand printing. It told me that the State of Maine had taken my animals. There was no notice, no due process, no just compensation, no facing an accuser.

In that instant I was rocketed out of the “Matrix” and into the Real World, the Real United States where there is no Constitution, there are no rights, there is nothing beyond what the government allows. But at that moment, I still did not comprehend the extent of the police state called America. I would learn - - the hard way.

Yep this woman truely is...

By xyz, unverified — Sun, 07/25/2010 - 04:16

a verifiable nut case. She is lucky to be alive today. Very very lucky. Can we all except a few, like you crocket, say mentally insane.

A Wicked Witch of the

By ruzzel01, unverified — Sat, 10/17/2009 - 11:59

A Wicked Witch of the Northeast story, just in time for Halloween. That's one scary looking lady, without a costume.

Traditionalman: I just had

By wolvespk, unverified — Sat, 10/17/2009 - 10:34

Traditionalman: I just had to log on to say some of you need to get a life and not put so much of your time and energy into a situation obviously handled better by professional law enforcement officers and professionals.

You keep forgetting she had

By paxil buy, unverified — Fri, 10/16/2009 - 23:57

You keep forgetting she had a warrant..get over it!

mainesoxman says: Horsence

By David Marquis, verified user — Fri, 10/16/2009 - 23:25

mainesoxman says:

Horsence you write about case law basing this incident on attempting to take the life of a Trooper...

Tasers do not kill Mr. mainesoxman!

Listen carefully folks; (you too Sun reporters), Carol Murphy is in jail for a retaliatory action based on her writings and federal court filings that are still very active (Baldacci = RICO). She can not defend herself at this point since she is trying to meet bail. I assume that that State Trooper crossed her Federal Posting. ref: earlier post

I can copy/paste HER words though, since the first amendment still exists...at least for now.

Does the first ammendment

By amcor, unverified — Sun, 10/18/2009 - 20:43

Does the first ammendment really exist? Did you know that you can go to jail for speech on the internet?

excerpted from Carol Murph:

By David Marquis, verified user — Fri, 10/16/2009 - 21:05

excerpted from Carol Murph: http://www.californiachronicle.com/search?q=Vulture

New York, November 2006. A single working mother had SPCA personnel and a deputy with a gun force their way inside her home at 9:00 p.m. at night. They took photographs of all of her AKC show dogs and told her they did not like the condition of the animals. They told the frightened woman that they would be back in two weeks to take the animals. Shaking and petrified, hugging her special needs child, this mother called a friend. Her friend told her to immediately file a Restraining Order, and a Notice of Intent to Sue against every person involved in that late night forced entry inside her home without a warrant. The woman filed the papers two days later. The Notice of Intent to Sue was listed at $50 million dollars per person with a 90 day window for the violators to contact her. She can and did include the deputy who was actually on her property, the sheriff who sent him to her home, the Town that employed the sheriff’s department, each SPCA person who was actually on her property, the manager of the SPCA who sent the workers to the woman’s property, the SPCA itself, and more. Each notice was sent with a Return Receipt Requested green card which required a signature to prove the person sent to had received it.

Two weeks passed and the woman was afraid to leave her house to go to work. However, the violators did not return. Instead, within the 90 days listed on her Notice of Intent to Sue, the woman received a letter of apology from those named. But how safe do you think this woman felt living in that house? A $20 sign may just save you the grief and worry she experienced.

Doubtless you are asking yourselves how effective that sign really is in your State. I called the State police to come to my property. The trooper parked his car below my sign with the end of the car actually hanging out on the road rather than pass the sign. He smiled when I went to meet him and said, “I didn’t dare park at the top of the driveway beyond the sign because I thought you might sue me.” I told him that because I had telephoned him I would not have sued him but that should he ever come onto my property when I had not called him, I most definitely would sue him, his troop, his supervisor, the State head of the State police, and the State of Maine.

Maine: A kennel owner heard people in his yard. His property is posted with a Federal No Trespassing sign. He went outside to find that two State of Maine animal welfare workers had passed his sign, opened his gate and were looking inside his kennel. He asked them if they had warrants. (Remember they must have one warrant to pass the sign and one warrant to conduct a search of the property.) They said they did not. He called the police and preferred charges locally for criminal trespass and an unconstitutional search of his property. Then he called the director of the Maine Animal Welfare Department. This woman yelled that she and her people could go onto his property any time they wanted and inspect his kennel. She asked if he knew that SHE was the one who signed or refused to sign kennel licenses. He called back the local police and added intimidation, extortion, threats, racketeering, and official oppression to the original charges. Within a week, he received a letter from the Director telling him that the next time her people wanted to inspect his kennel they would telephone him from below his Federal No Trespassing Sign for permission to go onto his property.

Never give up your rights. If you allow people onto your property to “just look around”, you have just given them permission to search your property without a warrant. You have given up your Constitutional rights and protections.

One of the most prevalent ruses used by the domestic animal terrorists is that they received a complaint about your animals anonymously and are there to check out that complaint.

{PeTA made this complaint!}

Where does one find these

By unsurfSus, unverified — Sat, 10/17/2009 - 15:38

Where does one find these signs of which you speak? I presume that there is some particular wording which makes them unique, as the typical run-of-the-mill "No Trespassing" sign is a pretty weak reed.

Horsence you write about

By paxil buy, unverified — Fri, 10/16/2009 - 21:03

Horsence you write about case law basing this incident on attempting to take the life of a Trooper for acting on an active warrant issued through the Maine Court. That is some crazy stuff that only crazy people would beleive to be true. In this case it is clear there was a warrant the Trooper had a duty to arrest her on. Not that it would have happened regardless, but Murphy would without a doubt had faced Murder charges. Think about it and read the case law you speak about and the circumstances which surround those particular cases. Pretty sure they dont even remotely belong in this case. Just a thought

I know her. and the State

By David Marquis, verified user — Fri, 10/16/2009 - 20:58

I know her. and the State did her the kindness of decapitating her beloved horse and removing the head w/o benefit of a personal confrontation. I certainly respect the law...too bad the animal welfare department doesn't.

Horsence you sound like you

By paxil buy, unverified — Fri, 10/16/2009 - 20:39

Horsence you sound like you know Carol. You also sound like someone who appreciates animals and would take care of the ones you own. She however is not that type of person. It seems as though the animals were not cared for in 2004 so I can bet they were not taken care of this time and the fact the State Police went there to arrest her on unpaid fines may have saved those 40 or more animals. Luckily for Carol the Trooper was very professional and treated her good even though she exploited his kindness. Maine Troopers do right by the citizens of this State everyday and I am glad to hear this Trooper is fine.

Your Right of Defense

By David Marquis, verified user — Fri, 10/16/2009 - 19:57

Your Right of Defense Against Unlawful Arrest

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

excerpted... It's not

By David Marquis, verified user — Fri, 10/16/2009 - 19:11

excerpted...

It's not surprising that Harvard man Barack Obama wouldn't share late writer William F. Buckley's sentiment that "I would rather be governed by 400 people out of the phone book than the whole faculty of Harvard." In fact, although he won't manage to fill the Congress with the staff of his alma mater, he certainly is making sure his administration is replete with its members.

Obama is now making another addition to his many Harvard-honed underlings with the nomination of Cass Sunstein to be head of the Office of Information and Regulatory Affairs at OMB, a position commonly known as the "regulatory czar."

As to Sunstein's animal-rights credentials, Michael Weber at environmentalist website PlanetSave.com happily reports, "Sunstein, a vegetarian, co-authored the book Animal Right: Current Debates and New Directions, and has advocated for much stricter regulations [sic] of almost every industry that uses animals, including entertainment, clothing, science and agriculture. The Center For [sic] Consumer Freedom claims that he will even attempt to outlaw meat-eating and hunting."

To be precise, lawyer-cum-animal rights activist Sunstein has advocated allowing people to sue on behalf of animals, a move that would be a boon to the legal profession but a bust for many other businesses.

[Sunstein] has advocated a "Fairness Doctrine" for the Internet that would require opposing opinions be linked and also has suggested angry e-mails should be prevented from being sent by technology that would require a 24-hour cooling off period.

{like this one}

Sunstein also has argued in his prolific literary works that the Internet is anti-democratic because of the way users can filter out information of their own choosing.

{excerpted as I have done}

"A system of limitless individual choices, with respect to communications, is not necessarily in the interest of citizenship and self-government," he wrote. "Democratic efforts to reduce the resulting problems ought not be rejected in freedom's name."

And, presumably, Sunstein and his fellow Harvard cohorts would be the ones to decide what constitutes anger, libel, opposing opinions, and excessive choices.

Carol Murphy was railroaded yesterday by a corrupt animal welfare department.

This isn't about Trooper

By David Marquis, verified user — Fri, 10/16/2009 - 17:18

This isn't about Trooper Tourcott; it's about First Amendment Rights. Carol Murphy has been trampled on by the State, she has picked battles with PeTA and the animal welfare department all the way to the Supreme Court of Maine. She presently has Federal suits against all from the Governor down the slippery slope.

This is a retaliation period.

A quote from Carol Murphy:

On January 28, 2008, (four years after the initial violations and thefts of my property conducted by State of Maine) I was ordered into the Franklin County Superior Court on an issue of fines. With the Void Ab Initio in place, there never was a case and therefore there can be no fines. Yet Judge Michaela Murphy (recently appointed to the bench by Governor Baldacci who is allegedly the head of the Maine Organized Criminal

Racketeering Enterprise) dismissed my demand for the court´s protection via an Injunction/Restraining Order against the racketeers and Judge Murphy stated in open court that she was ignoring the Void!! Judge Murphy then informed me that I would be back in court the end of February to answer to the fines (that under the rulings of the U.S. Supreme Court do not exist once the Void with its irrefutable proof of due process violations was filed). By making that ruling, Judge Murphy has violated her Oath of Office, violated my due process rights and has lost her judicial immunity to prosecution.

I asked Judge Murphy if she understood that there had been 5 break ins inside my locked house and barn without warrants (clear U.S. Constitutional violations). She said, "Yes".

I asked Judge Murphy if she understood that there had been 3 thefts of my property without benefit of warrants. She said, "Yes".

I asked Judge Murphy if she understood that I could file a Void Ab Initio at any time as there is no time limit to file. She said, "Yes".

So, there is absolutely no way that a judge who has acknowledged 8 U.S. Constitutional due process violations can be ignorant of her duty. She MUST under her Oath of Office acknowledge the Void Ab Initio and dismiss all charges and fines brought against me by State of Maine. Instead she made a ruling in a case that does not exist where she has no jurisdiction by ruling that I return to court on the issue of the fines. The U.S. Supreme Court has been specific in its rulings that when a judge rules on a case where he/she has no jurisdiction, they have committed treason against their Oath of Office and treason against the U.S. Government.

I arrived home after court to find a notice in my mail saying that Judge Joseph Jabar of the Maine Superior Court who is named as a Defendant on my law suit filed in a U.S. Federal Court decided the prior December (2007) that the court failed to put on the sentencing in my case that I can never own another animal as long as I live. He says he has corrected this mistake by issuing that the sentence be changed. This is years after the case. First the only sentence possible is a one year sentence if the case had had any basis in fact. The U.S. Constitution has stated there shall be no discriminatory punishments. The punishment shall be the same for each and every defendant so Jabar has again violated his Oath of Office and committed treason and criminal acts against me. The fact that the Void stands means there is no case, there are no penalties so he is ruling on a case that does not exist, where there can be no new punishment meted out, where he has no jurisdiction AND, no such punishment exists on property rights.

Good debate Erin, I have

By PistonJay, unverified — Fri, 10/16/2009 - 17:05

Good debate Erin, I have enjoyed it tremendously. I know that the vast majority of Law enforcement has the best of intentions and values I also know you guys are put in crappy situations on a regular and for that I thank you.
Trooper Turcotte is a shining example of someone who values life and respects the people that he both protects as well as has to arrest, keep up the good work!

Well...how about if all of

By David Marquis, verified user — Fri, 10/16/2009 - 16:58

Well...how about if all of you folks did a search for 'When Vultures Rule' read the thirteen or more entries authored by this woman; then tell me if you might not be inclined to protect yourself from the likes of PeTA and Norma Worley.

Erin take the time to read

By PistonJay, unverified — Fri, 10/16/2009 - 16:01

Erin take the time to read there comments, law man has freinds "that would have put a slug between her eyes" Richy belives that the least she deserved was to be put in a coma and he also belives the AG thinks like him and feels that the Law enforcement should shoot more people. And by the way The only comparison that I make to Marines and law enforcement is having to make that descision in split second to use leathel or non-leathel force. And by the way I do have a right to my opinon on this matter and others like it, in fact the constitution that I swore to defend guarentee's it. As far as judge and jury YOU AND OTHER'S LIKE YOU, FEEL THAT YOU HAVE THAT RIGHT, and I for one am here to say YOU DONT!

Nope I know you have that

By Erin Cox, verified user — Fri, 10/16/2009 - 16:41

Nope I know you have that right, as I have the right to rebute it....its called debate. Also coming from a military and law enforcement background I can tell you its not an easy or even sought after decision to take a life. You imply by the "good ole boy will take care of it" that it is. I can tell you first hand that is not correct no matter how crappy of an officer is on the street. Like you we are all humans and we all make judgement calls, some split second and life changing judgement calls. Blatent disregard is one thing, and not something you often find in law enforcement. Human mistakes yes. No one is perfect, not even a retired Marine.

I again applaude trooper

By PistonJay, unverified — Fri, 10/16/2009 - 15:25

I again applaude trooper Turcotte's self control in handling this situation he used the amount of force that was prudent to the situation with out taking a human life. By theses comments It sounds like some of his fellow brethren would have shot and killed this 65 year old worman knowing that could and would get away with it. The obvious difference between a professional and something less...

Ummm no what they are saying

By Erin Cox, verified user — Fri, 10/16/2009 - 15:29

Ummm no what they are saying is you comparing this and other situations without having all the facts is wrong. You playing judge and jury because you once were a Marine (nothing like Law Enforcement) gives you this right. This Trooper showed he was very capable of his job, as did the other Law Enforcement Officers in the other cases you mentioned. They were able to protect the community and came home to their family.

Richy, you have obviously

By PistonJay, unverified — Fri, 10/16/2009 - 14:34

Richy, you have obviously never been in a situation where you have had to make the decison to kill a person due to your obviuos disregard for human life. My only hope is that you never are allowed to carry a weapon in any capacity, least of all as a law enforcment officer. As far as my service as a Marine my record speaks for its self and pukes like you dont rate to carry my boot brush let alone stand beside me! It's uneducated idiots like you that continue to breed more idiots. Please break the cycle and get a vacectomy it would be your way of making to world a better and smarter place.

SpeedBump, three quick

By PistonJay, unverified — Fri, 10/16/2009 - 13:10

SpeedBump, three quick things on your comments first I have nothing but respect for this officers handling in this situation, it represents what we as taxpayers expect from our law enforcment officers. He escalated the level of force appropriatly rather then "putting a slug between her eyes" when the situation turned bad as some other law enforcemnet officers are quoted here as saying. Secondly I am not making comments about these situations with out experience I spent eight years serving this country as a US Marine and fire control and judgement is paramount! I have seen many deaths in this state since returning and I am appauled that we defend and condone viloence on our citizens like the shooting of the man in the wheel chair, as well as the teen in portland only a few years ago. Third if the stun gun had been a hand gun like you said this would have been totaly different story the trooper dropped his guard long enough for her to press it against his face and neck and then discharge the stun gun.

Remember when seconds count the police are still minutes away, .45 ACP.

Being a US Marine and a Law

By Erin Cox, verified user — Fri, 10/16/2009 - 14:47

Being a US Marine and a Law Enforcement Officer is like apples and oranges. Unless you have all the facts in front of you, and unless you are the AG you don't, you have no justification to be the judge and jury on these cases. If you have issues with how the State of Maine or the AG handles cases you can file a complaint with the FBI. As a citizen that is your right. If you knew much about Law Enforcement and have all the training you claim you know that fire control and judgement and you also know recognition, response, and survival is less than a one second window.

Its obvious that as a Marine

By ValenOfGrey, unverified — Fri, 10/16/2009 - 13:52

Its obvious that as a Marine you must have been in the rear with the gear since your experience doesn't qualify your remarks. As a "taxpayer" I don't want the police I pay for getting hurt. I don't want them shot at, tazed, assaulted, threatened, or spit on. I am actually dissappointed that the Trooper didn't at least put this woman in a coma. As a "taxpayer" I expect the police to get rid of problems so that my family is a little safer. If that includes waxing a few morons along the way..so be it. As a "taxpayer" I don't ever think its ok for a police officer to be touched. Thats how I was raised!And as a "taxpayer" I would assume that the Attorney General's Office is with me on the notion that Maine police officers don't shoot enough. I am sure that for every police involved shooting their are ten more situations that officer's would have been more than justified but don't because of the fear of opinion from blooming idiots like yourself. As a Marine I would have expected you to have a different opinion on this matter, but you must have been a "liberal" Marine who probably couldn't handle a life long career in the first place. I'm glad your are no longing serving our country because if more people like you have to spend an unreasonable amount of time determining fire control and judgement.....we're in trouble. Semper Fi to you Mr. Section 8.

This woman and people like

By JohnBerry, unverified — Fri, 10/16/2009 - 11:09

This woman and people like her really need help. She is fortunate that she was only pepper sprayed. It is sad that she is prohibited from owning any animals. Most of us know how much joy a cat or a dog can bring to a life. But she has proven that she is incapable of stopping with just one. She may not even be capable of properly caring for even one animal. It amazes me to realize that the human mind can allow a person to cause such misery to animals while truly believing that they are being helped.
_______________

"The impersonal hand of government can never replace the helping hand of a neighbor." ~ Hubert H. Humphrey

Law man, I guess that is the

By PistonJay, unverified — Fri, 10/16/2009 - 10:06

Law man, I guess that is the difference between "professionaly" trained law enforcement officers and local cops. It sound like we need better phycological screening before we send out armed policemen looking for the justifiable reasons to kill our citizens rather then using non-lethal force and letting the judicial system do its job determining who and how they will be punished. It doesn't help that the state have Maine has not procecuted a policeman for a wrongful death in over 30 years, which is statisticly impossible. That kind of says do what ever, the good ole boys will take care of it . Any one remember the 17 year old in portland shot in the back by one of the citys finest for being drunk and running? That to was justified...

Do we really ? Its easy to

By Terry Frost, verified user — Fri, 10/16/2009 - 11:28

Do we really ? Its easy to make comments like that if you have never been put into a "kill or be killed" situation , where you have just a split second to decide to pull the trigger . What if that wasn't a stun gun that she used , but a pistol instead ? The officier used excellent judgement in deciding not to use deadly force in this case . I think you fail to understand just how much stress is put on an officier in every situation ; I think youre reaching for straws if you really think that any officier is actually looking for justifyable reasons to use deadly force in Maine . They are weeded out from the start with psychological screening , and also is done periodically , especially after any major events where a law enforcement officier is actually put into that situation . It sounds to me like you have underestimated the training that they go through . It's soooooooooo easy to hate a cop , until you need one !

975,000 volts - please tell

By alexk950, unverified — Fri, 10/16/2009 - 09:42

975,000 volts - please tell me this is a typo.

Not a typo, they have stun

By JohnBerry, unverified — Fri, 10/16/2009 - 10:56

Not a typo, they have stun guns that are a million volts. They don't kill because the amperage is very low. Voltage does not kill, amps do. I have been shocked with a 600,000 volt stun gun and I can attest to the fact that they work. No lasting effects. Well, my eyes glow in the dark and I can light a light bulb by putting it in my mouth like Uncle Fester, but otherwise, no problems.
_______________

"No one is rich enough to do without a neighbor." ~ Danish Proverb

I saw an advertisement of

By think4urself, unverified — Sat, 10/17/2009 - 16:54

I saw an advertisement of such a stun gun, and I think it's a case of marketing hype. A million volts would put out a spark a yard long. Such a voltage is not possible from a small hand held electronic device powered by small batteries. The voltage output of these spark gap devices is limited by the physical air gap. This would be about 30kV per inch gap. When the probes touch skin, the body resistance "short circuits" the actual voltage down to hundreds of volts.

Answer me this, where did

By frankrizzo, unverified — Fri, 10/16/2009 - 09:36

Answer me this, where did she get her hands on the stun gun to begin with?

Stun guns are readily

By JohnBerry, unverified — Fri, 10/16/2009 - 10:49

Stun guns are readily available online. They are legal in Maine and I hope they stay that way. I don't have one but if people want to protect themselves with one I think they are a better option than a gun for most.

_______________

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Woman convicted of animal cruelty uses stun gun on trooper

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