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Please send a Christmas card to our fellow Neighbor who is actively standing for his Rights. Let him know he's not forgotten
Hello Neighbors,
At this time we have no information as to how long Garth with be in custody.
JJ, Cate, and many others are accessing court and jailhouse information daily for any new information and we still do not have a release date. Therefore, we are asking for everyone in our group to send Garth Gaylord a Christmas card so he knows we are still thinking of him and praying for him. Let's also keep the pressure on the Public Defender to actually defend his Client who being wrongfully detained, isolated & discriminated against.
Garth Gaylord, #01131802
Ada County Jail
7210 Barrister Drive, Boise, ID 83704
All mail sent to an inmate at the Ada County Jail must include the sender's name and mailing address in the top left corner of the envelope.
Failure to include your return address will most likely result in your mail NOT being delivered and your letter destroyed.
Here are a few more general rules:
No glitter cards. No stickers.No music cards.
Don't send cash.Plain white envelope only.No colored envelope.
*Garth's current conditions,Copied and pasted from his short communication from today.
Thanks a ton Brother. I got the standard works.I might even get a hymn book and Conference Liahona from the church prison ministries.Care had them send me my own copy of the standard works. I am kept in a cell in a side chute with one hour per day in the hall that is 40' x 5' where I can access this kiosk.I wasn't able to accept your video visit as it didn't match with my "out time" in the hall, which is different every day and always in the morning or afternoon.I am kept from the open dorm because I won't wear a mask.Captain Dilbert is holding strong to the mask mandate still.The isolation is lonely and conditions uncomfortable, but I am blessed. I appreciate the cards/letters I got. Diverge and Defy -Garth
*Let's show him an out pour of Love and let him know he's not been forgotten. Let him know which area you are from,A11.
Thank You !
The Case of Garth Gaylord
Political Prisoner in Ada County, Boise, Idaho December 9, 2021
To donate to Garths commissary, so he can write letters, get communications like calls and text, follow this link.
https://adacounty.id.gov/sheriff/ada-county-jail/mail-payments/
On March 1, 2021, jury trials in Ada County were starting up again, having been suspended in October 2020 by the Idaho Supreme Court due to “substantial health and safety risks” related to COVID19. On the morning of March 15, 2021, the trial for Ammon Bundy and Aaron Von Schmidt was scheduled to begin. Per order of the Idaho Supreme Court dated November 23, 2020, access to the courthouse would be denied to all who did not wear face masks. Ammon and Aaron insisted they had a right to attend their own trial unmasked and in person. A crowd of approximately 50 supporters had gathered in front of the court house, in support of justice and equal access to the courts. They too were intending to enter maskless, hoping to exercise their rights and to watch the trial. Not only the defendants but their supporters were denied entrance, and Undersheriff Scott Johnson told Ammon he was under arrest for Failure to Appear (FTA). Mr. Johnson then made a small, brief hand motion to Law Enforcement officers who swiftly forced their way through the peaceful crowd from behind, pushing and pulling individuals as they proceeded. Casey Baker, a 67 year old man with Parkinson’s, was thrown off balance. He sought to both right himself, and also to stand his ground, in order to protect the two women behind him from the advancing officers. Another man in the crowd was thrown to the ground and required hospitalization for his head injury. A woman was forced into a position in which she was bent over backwards by an officer’s elbow and she sustained neck injury. No officers were arrested for their aggression that day. Ammon and Aaron were both taken inside the court building, still unmasked, and arrested for FTA. Garth was arrested on charges of Resisting or Obstructing Officers, then released. Casey was dragged into the building, still unmasked, and cuffed and shackled, then charged with two counts of Battery on an Officer, as well as Resisting or Obstructing. Ammon, Aaron, and Casey were all taken to the Ada County Jail. For non -- compliance with orders to mask, Ammon and Aaron were kept under-dressed, in rooms that were uncomfortably cold, and their sleep was intentionally disturbed by guards all night long. Ada County later denied mistreatment, though other instances of mistreatment have been reported of the Ada County Jail. Garth was cited at the courthouse on this occasion, and charged with Resisting or Obstructing Officers (R&O). On May 7 Garth attempted to attend his own arraignment in the Ada County Courthouse.
For the entirety of 2021 up to this point, the doors to the courthouse were locked. Access to the courthouse door was narrowed with chains and yellow tape on one side and a temporary tent to protect officers from the cold on the other. After speaking with the Marshals that were stationed in front of the courthouse, about the Constitution and his right to attend his own hearings in person, Garth put his hands together palm to palm and walked between two officers toward the door. He was not wearing a mask and was therefore not “allowed” into the building. They tackled and arrested him. He was charged with two counts of Assault or Battery, one count of Resisting and Obstructing an Officer, and he also received Failure to Appear. During the summer, the Idaho Supreme Court lifted the mask order for the courts, and it was determined that trials would go forward in Ada County as long as numbers of COVID cases were kept under a certain threshold. Garth’s trial for the March 15 arrest commenced.
During the two day trial at the beginning of August, Garth represented himself. At the start of the trial, it was discovered that, just hours before, the prosecution had changed the charge to one that was similarly worded. The judge refused to allow Garth more than an hour to adjust his defense strategy. Garth presented about 15 witnesses who testified to the aggressiveness of the Law Enforcement officers toward the crowd on March 15. He also showed video documentation of the events, believing the material clearly showed his innocence of the charges. Nonetheless, the jury found Garth guilty. Judge Daniel Steckel delivered a lengthy lecture in addition to the sentence, which consisted of 365 days in jail, with 255 days suspended and credit for one day served, and nine days to be served with all options. He also received a $1000 fine with $750 suspended, and a one year probation was forced on him, without his consent. Garth received the maximum sentence! Shortly after this trial ended, the Ada County jury trials were again suspended and the mask order was soon in effect again for the courts of Idaho.
On August 27, Garth was to appear for a hearing for his second case. Once again, Garth would be denied access to the court room, unless he wore a mask. The courts offered him a choice between zoom or telephone hearing. He opted to participate by telephone, and he also opted to exercise his right to remain silent. Garth exercised his right protected under the Fifth Amendment . He remained on the line and took video to verify that he appeared. Although Judge Steckel made it clear that he could see the line was open and had every reason to believe that Garth was on the line, he charged Garth with FTA and imposed a $20,000 bail bond. Despite Judge Steckel’s attempts to prevent him from doing so, Garth continued to post videos to YouTube and make posts to social media in an effort to expose the injustices occurring in Idaho’s criminal justice system.
Around November 16, he called the Kootenai County Jail, and inquired about the number of inmates who were being held unfairly and denied their rights to speedy trial while jury trials were suspended. On November 18, he went to the Kootenai County Courthouse and attempted to enter. Garth was stopped by Marshals and informed that he must wear a mask. After peacefully discussing the matter with all present for some time, Garth was cuffed, detained, and cited for “trespass.” That week, Casey Whalen of North Idaho Exposed and Garth, decided they would stand for the rights that were being challenged by this mask policy at the Bonner County Courthouse. They advertised the event so that others could join in. Unbeknownst to Garth, the arrest warrant issued in Ada County on August 27 was withdrawn on November 18 and reissued by Judge Steckel on November 22 , so that Garth could be extradited from any county in Idaho BACK to Ada County. Garth was then arrested on the FTA warrant with a $20,000 bond, before he even reached the doors of the Bonner County Courthouse on November 22. He was also arrested for probation violation, with bail at $2500. Idaho State Police was on the scene to assist city police with the arrest. However, no sheriff’s deputies were there as the sheriff has publicly indicated he would not enforce these unconstitutional mask policies. Garth was initially held in a holding cell for over 9 hours. He chose to remain silent and jail personnel claimed that they could not finish the booking process, or allow him a phone call until he complied. By Thanksgiving morning, November 25, Garth had been transported to the Ada County Jail, where he is currently held. On Friday, November 26, he participated in a hearing via internet. He was appointed a public defender and is still in Ada County Jail, awaiting a December 30th hearing for the case, stemming from the charges on May 7.
He has completed the nine days that resulted from the probation violation.
***************************** For a person to be convicted of a crime, all elements of the crime must be met Resisting and Obstructing Officers states the following:
Idaho Code 18705 Every person who willfully resists, delays, or obstructs any public officer, in the discharge, or attempt to discharge, of any duty of his office or who knowingly gives a false report to any peace officer, when no other punishment is prescribed, is punishable by a fine not exceeding one thousand dollars ($1,000), and imprisonment in the county jail not exceeding one (1) year.
When Garth was convicted of R&O charges on August 4, 2021, the prosecution seemed to think they had satisfactorily shown that Garth was guilty of delaying LE in the discharge of their duty for a total of approximately 3 seconds. That was the best case they could make to justify turning this man’s life upside down. The jury, having seen video from the body cam of one of the officers, chose to interpret events so that they were in agreement with the prosecution, finding Garth guilty of “resisting or obstructing.”
But in order for Garth to be guilty of R&O, then all elements must be met. That means he needed to be guilty not only of delaying the officers, but they had to be discharging or attempting to discharge their duty when he delayed them. That’s a problem because the officers that he supposedly delayed were NOT engaged in discharging a lawful duty, and were possibly engaged in a misdemeanor act themselves (ID Title 18 C703 Illegal Arrests and Seizures.)
When Garth Gaylord allegedly delayed officers for three seconds, those officers were engaged in an action with the immediate goal of arresting Ammon Bundy. Ammon and Aaron Von Schmidt were to be arrested for “failing to appear” in court. Both defendants were compelled to appear at their own trials by the state and dutifully obeyed, to the best of their ability, yet were blocked from entrance by law enforcement. How can law enforcement arrest an accused person for not appearing when he is appearing? It’s illogical as well as unlawful, and the code that that the arrest was made using doesn’t apply to the actual situation, the only answer can be that is because there is no code to which it applies. In other words, Ammon and Aaron violated no law when refusing to wear masks required for courthouse admittance. They violated no code and there was no justification for arrest, yet the courts and law enforcement decided that non compliance must be punished. Garth Gaylord delayed, for a maximum of three seconds, a law enforcement officer who was attempting to arrest unlawfully. Representatives of the sheriff’s department and courthouse personnel have tried to make the case that law enforcement is charged with enforcing Idaho Supreme Court orders for the courthouses of Idaho, even when these orders are not constitutional. The Idaho Supreme Court ordered on November 23 2020 “Emergency Reduction In Court Services and Limitation of Access to Court Facilities.” The November 23 order stated the following:
“For public safety and to mitigate the spread of the novel coronavirus, and p Court Administrative Rule 48, the following limitations and requirements shall apply until further order of this Court. 1. No person shall enter courtrooms or other rooms where court is being held, nor approach any court services office if they: a. are not wearing a mask covering their nose and mouth;…” IC Administrative Rule 48, apparently grants authority to the administrative director of courts, the administrative judge, or their designees to “order closure of district courts and related offices…until the safe operations of the court and its offices can be restored. Whenever a threat poses an immediate risk of harm to court personnel or members of the public, court operations shall be suspended and court facilities and personnel shall immediately be evacuated pending further directive of the administrative judge or designee.” The definition of emergency or threatened emergency in Rule 48 includes “harm to the safety or health of court personnel, including personnel of the district court facilities, clerk’s office, or other persons using court Rule 48 includes authority for suspension, evacuation, and closure of the courts', as well as “resumption of court business by the most expeditious and practical means possible, which may include alternate operational hours or moving court operations to alternate facilities, if necessary .” (Italics added.) Nowhere in the rule are masks, facial coverings, or particular attire mentioned. Nowhere is the authority granted to take any and all measures to mitigate any potential threat that may be perceived as potentially causing “harm to the safety or health.” Nowhere is safety or health defined, and therefore, the “if necessary” phrase is open to interpretation. But if words have any meaning, then “if necessary” as broad as possible, or surely must be interpreted to convey the idea that emergency measures must be as limited as possible, not liberally applied. We could take it a step further and assert that the COVID 19 virus has never been shown to cause harm to any individual. As a fact, that has never been established in any court. Therefore, no individual, whether masked or unmasked, can be assumed to cause harm or to threaten to cause harm to court personnel or any other person using the court facilities. In fact, the imposition of maskwearing on every individual presumes the presence and significance of something called “asymptomatic spread,” an unproven and unscientific concept. IC Administrative Rule 48, cited by the Idaho Supreme Court Order of November 23, 2020, does not grant the authority to impose mask orders. Furthermore, the Idaho Constitution Article 1 Section 18 states that the Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice.
And IC 394501 states Nothing in this chapter shall be construed to permit or require the provision of health care for a patient in contravention of the patient’s stated or implied objection thereto upon religious grounds…
In short, it is not possible for the courts to demand any person consent to using a medical device in order to gain admittance to the court or to obtain justice. Ammon Bundy, Aaron Von Schmidt, and approximately 50 of their supporters were unlawfully barred from entering the Ada County Courthouse on March 15, 2020, and the arrests of Ammon and Aaron for FTA were unlawful. It is very interesting that the prosecution in Garth Gaylord’s R&O case entered a motion to prevent Garth from discussing COVID19, masks, or mask mandates in his defense. In doing so, they were clearly limiting Garth from bringing important context to the case which shows that his arrests over the past year were politically motivated. Moreover, they were preventing Garth from making an important argument in his legal defense. In denying Garth the ability to talk about the context of his arrest, the state and the court stopped him from claiming his lawful right to defend against unlawful arrest. If Garth did in fact delay an officer who was charging through and surprising a peaceful crowd from behind with no warning, an officer who was attempting to arrest Ammon Bundy who stood no more than 15 feet away, then Garth could have legally and justifiably been in the process of stopping an illegal arrest. Garth himself was well aware that the court mask orders were not lawful, he could see with his own eyes that Ammon Bundy and Aaron Von Schmidt appeared at the court in good faith, with every intention of attending their own trials to defend their innocence before a jury of their peers. Garth, Ammon, Aaron and about 50 other law abiding individuals were present outside the court that day because they believed in justice and had faith that the criminal justice system could deliver it. Instead, they were betrayed by the enforcers of that system.
The Supreme Court of the United States has affirmed that individuals do have a right to defend against unlawful arrest. In John Bad Elk v. U.S., the court upheld an Indiana ruling that, "Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary." That’s a pretty significant statement. The whole of Garth Gaylord’s alleged crime, according to the state’s own case, is he delayed law enforcement for three seconds at most. A case decided by the Supreme Court of Georgia and often cited is Adams v. State, in which the court stated, “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. The right of defense against unlawful arrest speaks to the gravity with which we should view all arrests made by law enforcement. Courts have ruled repeatedly that due process is so vitally important that the process must be carried out strictly and with the highest regard for justice, even to the point that a civilian may resist, whether on his own behalf or that of another, when he knows the arrest to be unjustified and unlawful.
For all of these reasons, it is clear that Garth Gaylord was wrongfully arrested on March 15, 2020, and that every charge against Garth since that time is also unwarranted. He has committed no crime, though those responsible for unlawfully arresting and detaining Garth, Ammon Bundy, Aaron Von Schmidt and many others may be responsible for committing the crime of illegal arrest . They may also be guilty of practicing medicine without license, of attempting to force medical intervention without informed consent, of denying equal access to the courts as well as violating tree speech, due process and speedy trial rights. At this time, December 2021, Garth continues to be held in Ada County Jail, unjustly as a political prisoner.