- NEWPORT, Wash. - At his trial Jan. 3, 2002, 15-year-old high
school student Joshua Krawiek represented himself against the state of Washington &
charges of possession of paraphernalia were dismissed by Superior Court Judge Rebecca
Baker. Joshua was able to prove to the court that he was charged with a crime that does
not exist in Washington State.
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- On Oct. 11, 2001, Joshua J. went to his locker between classes to
retrieve books from his backpack only to find that his backpack had been taken to the main
office. Joshua asked why his backpack had been taken from his locker. 3 law enforcement
officers insisted that the K-9 drug dog had signaled the presence of marijuana on 2 of the
3 35mm film canisters found in his backpack.
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- When asked about the film canisters, Joshua's explained that he used
them to store fishing tackle, such as flies & hooks, as he would sometimes fish on the
way home from school. He procured film canisters free from various photo-processing
establishments around town & stated that there was no marijuana in the canisters to
his knowledge.
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- The officers found a trace of a green leafy substance in 1 of the
canisters, 1 canister was empty, & 1 contained a fishing fly. A field test showed
positive for THC in 1 of the containers. However, because there was not enough marijuana
present to be charged with possession, Joshua was charged with possession of
paraphernalia.
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- To help prove his innocence, Joshua had a drug test performed at the
local hospital. He submitted these negative test results to the prosecution, but to no
avail.
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- Joshua then contacted Citizens Against Corruption (CAC) of Newport. The
CAC directed him to the local library & assisted him in pulling up Internet sites for
legal research, such as LOIS Law which is offered free by the county as provided by law.
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- Joshua found in his Internet travels that "possession of
paraphernalia" in Washington State is not a crime as quoted in State v. McKenna &
State v. Welker. Joshua also pulled up the entire section of the statute under which he
was charged, RCW 69.50.412. This statute clearly states that it is unlawful for any person
to use drug paraphernalia for illegal purposes. POSSESSION OF DRUG PARAPHERNALIA IS NOT A
CRIME.
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- According to Washington State law, the USE of drug paraphernalia is
classified as a misdemeanor & all misdemeanors must be witnessed. No one saw Joshua
using containers for drugs. Several people have, however, witnessed Joshua using film
containers to store fishing tackle.
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- Joshua was assigned court appointed attorney Tim Trageser who had no
contact with Joshua until his 1st hearing & did nothing to defend him. At the 1st
hearing, the Trageser lied to the court about his communication with Joshua & his
father.
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- Joshua chose to fire Trageser because he not only lied to the court on
the record, but did nothing toward defending him.
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- The court also refused to allow Joshua's father, his guardian &
first friend, any right to defend Joshua, a minor, who has no legal standing in the court
& must be represented by counsel of choice, in this case his father. Representation by
a parent on behalf of a minor has repeatedly been allowed in the federal courts because it
is a constitutional right to counsel.
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- After several pre-trial motions for dismissal had been rejected by
Superior Court Judge Rebecca Baker, she reluctantly dismissed the charges at the trial on
January 3, 2002. Judge Baker stated on the Order of Dismissal, "the court heard the
State's offer of proof & concludes (1) the charging document is deficient & (2)
the proof is inadequate under Knapstad to establish the presence of drugs".
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- Judge Baker, apparently irritated at the prosecution's inability to
outsmart a minor in her court, reportedly stated to Joshua, "Don't laugh when you
leave this courtroom, thinking you have beat the system because you have looked these
things up yourself. We are going to get you down the road."
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- The CAC concluded that this 15-year-old boy had his reputation
tarnished, & was suspended from school for using 35mm film canisters to store his
fishing lures. "This tells us that the drug dog needs a new nose, & Newport City
Police officers need to get a life & a new job they can handle," commented CAC
founder Leonard Browning.
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- The Pend Oreille County Prosecutor's office charged Joshua with a crime
that is not a crime & prosecuted him maliciously without probable cause. The county's
actions caused strife & dissention in Joshua's family & his father was forced to
transport him to a special school while this matter worked its way through the legal
system.
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- "I think everyone should thank Joshua Krawiek for exhibiting the
character & patriotism it takes to stand up for his G-d - given & constitutional
rights. We need more young people like this in our society to insure lawfulness &
justness in our legal system & to preserve our way of life here in America. If enough
people, young people & adults alike, will stand up to this type of malicious
persecution, govt. officials will be returned to their rightful place as public
servants," Browning said.
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- Citizens Against Corruption, a non-profit Idaho association dedicated to
achieving justice through legal means, can be contacted at P.O. Box 9, Priest River, Idaho
83856.
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- The Idaho Observer
- P.O. Box 457
- Spirit Lake, Idaho 83869
- Phone: 208-255-2307
- Email: observer@coldreams.com
- Web: http://proliberty.com/observer<
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