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Swat Team Raid
(Attacks Galore from All
Sides)
by Mark Edward Marchiafava
mark@premier.net
For years, I've been very active in areas of constitutional concerns.
To show my displeasure in having to pay the city for an occupational license, I paid the "fee" in pennies. This made the local TV news, (WBRZ, (225) 336-2338) especially since the mayor, Tom Ed McHugh, refused to accept it. Later, on TV, he asked for me to return with my pennies, which he would gladly accept. I sued the state to get a driver's license without a social security number, and won. (Judge Janice Clark, (225)
389-5012). I've stood up to these persons, legally, within their own law, on numerous issues, on talk radio and in public forums, humiliated them and stopped them dead in their tracks with nothing more than a pocket-sized copy of the constitution, from which I freely quote.
These persons aren't my friends, and I treat them as such. I take a no-nonsense, in your face approach. Being sweet, polite and friendly is exactly what has gotten us to the point where we are today. The most recent issue was the proposal of being fingerprinted to obtain a driver's license.
I and others ambushed state representative Donald Ray Kennard (225) 261-7382 on talk radio and made him look stupid. Trust me, it wasn't all that hard to do. For the past year or so, I've been attempting to get several government officials and state legislators to enforce the malfeasance and impeachment laws against some of their own with zero success (State Rep Tony Perkins, (225) 775-4400.
Despite their continued practice of trying to discourage and ignore me, I've not gone away ... Instead, I've commenced a routine of calling some of these "public servants" regularly to ask for their resignation, again with zero success....
I've said all of this to make it clear I've been a real "burr in their saddle." I am not well-liked by local and state officials. But my stands have been on solid ground. On Christmas of '97, a very dear friend gave me a Smith and Wesson .357 for a present. I contacted the local sheriff's office to make damned sure I would be in full compliance with all local gun laws. The chief deputy, Mike Barnett (225-389-5045) was not personally familiar with the laws. He referred me to their attorney, Luanne(?) Greco (225) 344-
3774).
She and I went over Louisiana Revised Statutes, title 14, sections 94 and 95. I explained to her I intended to "open carry," is this legal? She assured me it was, as long as I kept in mind the excepted areas where guns aren't allowed. I asked if this would or could be construed as disturbing the peace. She claimed there was case law on that question which says "no." Based on this phone conversation and looking this law up myself, I began open carrying.
This practice doesn't sit well with the local police department and the sheriff's office, both of whom have known me for over 20 years. I have NEVER been convicted of a crime nor have I ever harmed another human being. After having several contacts with officers of the law who weren't familiar with the gun laws, I again contacted chief deputy Mike Barnett. I suggested they do a better job of educating their deputies. He remarked that their supervisors knew the gun laws. I informed him it wasn't the supervisors who I was running into, it was the rank and file. They need to know the laws. He didn't appreciate my suggestion at all.
Over the past 24 years or so, I've been called once by the sheriff's office as a possible suspect in a misdemeanor, later labeled Nolle Prosse by the DA for lack of evidence. This was a charge filed against me by a Baton Rouge City Police officer(Marty Berman) with an ax to grind. When the sheriff's office(detective Callihan) accepted the affidavit, they called me on the phone to ask me to come to their detective office. I was there in thirty minutes, at night, too.
Around 1997, the FBI called me concerning a run in I had with a bank which refused to cash a check for me, drawn on their bank. the bank wanted a fingerprint from me in order to cash a check given me by one of their customers. Again, the feds picked up the phone and called me. I met them promptly.
No charges were filed after discussing the incident with me.
During the period when the state had refused to issue me a driver's license I suddenly was blessed with about a dozen or so non-moving traffic summonses, all from the Baton Rouge City Police, and then, all from their third district. Imagine the odds of that happening...
A local attorney drug this matter on for several years, matter of fact, it still hasn't been settled. I have made dozens of court appearances, even from out of state, all in a timely and prompt manner. I say all this to prove that the following incident was totally unnecessary.
This brings us to Feb. 19,1999. While standing outside my ex-wife's business talking with a UPS driver (Charles Reed, (225) 761-1114) the "SCAT" (SWAT) team rushed me, some 12-15 strong. Black suits, boots, helmets, ski masks, the whole routine. The one thing they weren't wearing were badges. Yes, I was armed and open carrying, which is legal. At no time did I resist or go for my weapon. Quite the contrary. I stretched both arms out horizontally to indicate my peaceful intentions.
Armed with '"assault weapons", they took me down hard, slamming my chin into the concrete while holding both arms to prevent me from breaking the fall. This unnecessary treatment caused my TMJ problems to resurface. I was cuffed while the rest rushed inside my ex's business. While I was being led off in handcuffs, I looked over my shoulder to see my 21 year old daughter spread eagle against the wall inside with an "assault" rifle at her back.
To this day, I cannot erase that image of her looking over her left shoulder at me, as if to plead for my help, which I was unable to offer. At gunpoint, without any search warrants, without any arrest warrants, they lined six totally innocent women up against the wall at gunpoint. Two of these "agents"
searched the building and found two of the females in the back. One was in the bathroom and had an assault weapon pointed at her when she came out. After being traumatized by this, she didn't come back to work for four days.
These "agents" weren't displaying any badges, only one appeared to have any markings. "Task Force" was on his back.
According to the six women, these "agents" refused to identify themselves, or their reason for being there. Supposedly, these women were patted down by male agents, since no female agents were present. They had been watching us for two hours, according to court testimony. They should have gotten a female officer to handle this. My ex-wife went into an asthmatic anxiety attack. The SCAT team had brought along a paramedic wagon in anticipation of bloodshed. They had to tend to my ex who was having trouble breathing by this time.
Needless to say, this traumatized the women who are all taking prescribed medication to sleep, and are receiving counseling for the trauma. We all suffered from diarrhea for about a week. Today, all involved are still "jumpy", can easily be turned to tears, and looking outside for them to return. It's not a pleasant situation, to say the least.
The "agents" refused to answer my repeated requests for identification, what agency are you from, and what is the cause of this attack. No replies were given, other than "you'll find out later." I was transported to the coroner's office where I was greeted by a deputy coroner "Spurlock."
(225) 389-3047.
The first question he had was, "haven't we met before?" I told him, "no". He asked if I knew why I was there. Since I didn't have a clue, he filled me in. "You made the statement to someone(this "someone" remains unknown to me) that you were going to kill 250 state legislators, go buy 50 acres of land in Mississippi, dig a big hole, push them in and cover them up. " To this date, this statement hasn't been repeated in either of the two court appearances I've made.
This issue has been forgotten, at least for now. I replied something to the effect of "this is bullshit, I want my attorney." The deputy coroner refused me the right to counsel and he became quite visibly agitated, blasting me with, "if you think you can go up against the sheriff of this parish, a very powerful man, and win, you're a damned fool but you're welcome to try."
Based on this limited exchange of words, the deputy coroner, according to his report, determined the following: I was dangerous to others. I was transported to the Baton Rouge Mental Health unit by the same two plainclothes deputies, who simply dropped me off and left. After waiting for an hour or so, unrestrained, some unknown doctor asked me a few questions.
When I asked to contact my attorney, I was strapped hands and feet.
From there I was transported to Greenwell Springs Mental Hospital on a coroner's emergency certificate. I was told this was a 72 hour hold. The Greenwell Springs shrink, Dr. T.G.
Jiminez, (225) 261-2730 asked me some routine questions, then asked why I was there. I told her I was kidnapped, and I wanted to seek legal counsel. This ended our conversation, even though she didn't let me call my attorney. She also failed to advise me of my rights which is required under LRS title 28.
Based on this limited conversation, she determined I was dangerous to others, homicidal, and gravely disabled. Never mind, at the time I was taken, I was running a million dollar a year business for my ex-wife... Disabled ? Before the 72 hours expired, the attending shrink signed me up for another
15 days.
For days, I begged for medical treatment for my TMJ problem.
The staff informed me they had no oral surgeon or dentist on their staff, I'd have to wait until I was discharged to seek treatment on my own. According to their patients rights pamphlet, I had the right to bring in my own doctors at my expense. They refused this, too.. I had a writ of habeas corpus filed by the Mental Health Advocacy Office.
At the probable cause hearing, a ton of "suits" from local and state government showed up. My state appointed attorney stated she had never seen so many people turn out for a habeas corpus hearing. Everyone who took the stand perjured themselves. The judge, who also claimed I threatened his life, refused to recuse himself. Over my attorney's objections, nothing but hearsay was introduced. I naturally lost.
That afternoon, the state had one of their doctors, who had never examined me, file a request for civil commitment. The reasons listed were totally false on their face. By examining the transcript of the hearing, it is rather obviously false.
This didn't matter. I was held for ANOTHER 18 days.
While being held in the Greenwell Springs Hospital, several friendly law enforcement officers sent me a circular that had been distributed to all law enforcement in Louisiana, warning them what a dangerous person I am. As one of them so accurately stated, "Mark, the only three words missing from this are "shoot to kill." If you need to see it, contact me.
Finally, we had the commitment hearing. None of the persons I supposedly threatened bothered to appear. The state's own doctor, David Carrington, took the stand and repeatedly told the court there was no basis to commit me. Despite much badgering, he stood his ground. Just to show his bias, Judge Curtis Calloway (225) 389-4737 asked the doctor to sit in the back of the courtroom and listen to the testimony of the other witnesses. "Maybe their testimony will change your opinion of Mark Marchiafava."
The next witness was Fred Kalmbach with the local newspaper, the Advocate (225) 383-1111. He testified that I told him "the next time the cops stop me, you'll have something to write about." My actual statement to him was, "unless your paper reports the continuing harassment by the city police which now has extended to include my children and their friends, the next time they stop me, they'll probably shoot me. Then you'll have something to write about." I've told this to Fred, several of his fellow reporters, and their editor, Linda Lightfoot.
Ironically, the day of the commitment hearing, the Advocate ran a headline story about a local businessman who supposedly threatened one local council member. Yet, according to the order of protective custody issued to pick me up on, I was rumored to have threatened to kill more folks than died in the OKC bombing and there's not a single word reported about this matter. Can you say, "controlled media?"
The state called to the stand a councilwoman, whom I've publicly humiliated, Roxson Welch (225) 389-5170. Oh, her husband, Duke Welch (225) 389-8820 is one of the local state judges, too. All during this "hearing," the prosecutor, Ed Hardin,(225) 383-8225 continually consulted with Judge Welch who sat in the front row.
Mrs. Welch made reference to a phone conversation we had about five years ago in which I supposedly threatened her.
That's right. Five years ago. I supposedly threatened the school where Mrs. Welch taught, yet no officers ever contacted me concerning this, either.
Then she mentioned the public humiliation incident where I quoted the constitution and prevented her from taking private property without any compensation. I asked her, in front of many locals, "are you a public servant?" She denied being such, instead, she's an "elected official." She was threatened by the fact that I was wearing an EMPTY HOLSTER.
Since this town meeting took place inside a governmental building where guns aren't allowed, I left the pistol in the car. The local police weren't bothered by the sight of an empty holster, why should she ? Oh, this meeting occurred some six months ago.
At the time she held this meeting, it wasn't known then , but she intended to run for mayor of Baton Rouge. The drainage project she was pushing that night was intended to be a political feather she could stick in her hat. My friend Donna Day (225) 774-4990 and I put a stop to that land grab, which infuriated her. After the meeting ended, Mrs. Welch could be heard from the backroom hollering, " I don't give a damn about the Days (my friend Donna's family) we're going to do this anyway."
On the stand, a much more timid, demure and composed Mrs.
Welch mentioned if I thought any of my sufferings were "political", that just showed that I needed help.
When it was obvious the state had absolutely no cause to hold or commit me, they resorted to the lowest blow ever dealt me. They tried to paint me as a white supremacist, racist bigot. Since I refused to cooperate with two female shrinks, one Filipino, one black, I was a racist. Yet here I sat, trusting my life to a Nigerian born, black female state appointed attorney. That tactic blew up in their face.
As it now stands, the judge ruled there was no reason to hold me. I am still trying to get my gun back. When it was taken from me, that very moment, one of the agents said I could get it back when I get out.
From the Greenwell Springs Hospital, I called chief deputy Mike Barnett to make arrangements for the return of my gun. He assured me I could have it "when you get out." I told him that I'd be sending two persons armed with a power of attorney to pick it up on my behalf, would that be OK. He assured me it would. I sent two persons armed with a power of attorney.
Upon arriving to claim my gun, the sheriff's office refused, saying the ATF had put a hold on it.
I called Jerry Dennis with the Baton Rouge ATF office (225)
389-0485. He stated that chief deputy Mike Barnett had called that very morning to find some federal excuse to keep the gun.
Jerry Dennis told Mike that unless I had been "adjudicated" by the courts, give the man his gun. Mike Barnett refused to take my call. Major Bud Conners, too, refused to give up the gun.
When asked for a legal basis for his position, he responded, "Mark, we don't think mental patients, such as yourself, need to be in possession of guns." I reminded Bud that his opinion really didn't matter. The law is quite clear. He assured me "we will battle you all the way on the gun." Two days later, Judge Mike McDonald (225) 389-4722 who now claims that I threatened him, too, ruled that the sheriff can keep my gun.
I've not seen his ruling to determine what basis he has for such a ruling.
That's where I stand. I'm trying to find an attorney to look into the excessive use of force, wrongful arrest, malicious prosecution, etc...I'm also planning to sue the mental facility for injecting me with, according to the state doctor who evaluated me, a "massive dose" (10 mg.) of an anti-psychotic drug, Haldol.
According to the state appointed shrink and my three attorneys, there seems to be some concern with that issue.
While not coming right out and saying it, there seems to be some legal retribution for those actions.
Please feel free to call or write me anytime for more info. I can be reached at (225) 925-2801, or (225) 927-5957, both numbers at my ex-wife's business, or (225) 262-7779, my girlfriend's home.
This is nothing more than a political vendetta, even the attorneys told me so. I asked the state appointed attorney if she thought they had any of these phone conversations tape recorded. If so, that would vindicate me. She doubted that, or else they would have used them.
Since they cannot charge me with any crime (legally, anyway), this is the approach they have chosen. Had I been committed, I would have been stripped of the right to own or possess guns. And that, according to attorney Adoara Chukadebelu, is what this is all about. She can be reached at (225) 342-6678.
This is a tactic that can be used against anyone in any state, since most state's laws allow such detention pending a commitment hearing. There is no bail in this situation. If committed, you are confined to a mental hospital for a minimum of six months in Louisiana.
These people aren't through with me, I can assure you. They will be back with some reason for their actions. It's obvious they intend to put me away, to silence me somehow. I need any help you can offer, such as printing this story in some newsletter or publication, sending via email to a friend, printing it and handing it to persons who will read it and pass it along to others, maybe you know someone working somewhere in the "media," ANYTHING to get this untold story out... Thanks, Mark Edward Marchiafava Update The sheriff's office returned my pistol after having a new cylinder installed...for which I thanked them...I further advised chief deputy Mike Barnett to call me if they ever need me...there's no need for a swat team...
A $16mil. suit has been filed in the Middle District of Louisiana federal court....If you need a copy, call attorney Hank DesBorde at (225) 379-8579....
All local media have refused dozens of requests by myself and others to cover this story. Makes you wonder, doesn't it ?
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