ETERNAL VIGILANCE

$7 Million Civil Rights Suit
Filed Against Missouri Judge
Chrisitian Man Asked to Have
Jesus Christ as his Counsel

BY DENISE HENDERSON VAUGHN
Quill Correspondent (West Plains)
March 23, 2005

Richard John Adams, 50, Branson, has filed a civil lawsuit (in the US 8th Circuit, Western District of Missouri) against Judge John Hutcherson of Clay County who is hearing a criminal case in which Adams is the defendant. Adams is seeking $7 million, plus punitive damages.

Adams, in talking with The Quill Tuesday, contends in the lawsuit that the judge has deprived him of his right to liberty, his right to an impartial judge, his rights to due process and a speedy trial, and his right to counsel. Adams said he does not have an attorney representing him in the case.

At one time in the approximate two years the criminal case has been before the courts, Adams asked that "Jesus Christ" be his co-counselor, a request the court denied.

The case before Hutcherson involves two charges of tampering with a judicial officer. Adams' trial is set for April 4 at Camdenton. If found guilty, he could get up to seven years in prison on each charge. The charges came after prosecutors said Adams made inappropriate comments to Associate Circuit Judge John Jacobs of Ozark County during a Howell County traffic ticket case in July 2002, heard in Ozark County on a change of venue.

Hutcherson is presiding over the case after being appointed by the Missouri Supreme Court. Missouri Assistant Attorney General Ted Bruce is serving as prosecutor.

"This is all because judges don't like to be put in check when they have done wrong," Adams told The Quill Tuesday.

Adams said he "put Jacobs on notice" that he intended to sue Jacobs for violating his rights.

He has been deprived of counsel, he added. Attorney Steve Privette, Willow Springs, withdrew from the case because Adams could not pay for his services. Adams said he wants counsel, and has sought but has not found a replacement. "Because the case involves a judge, they don't want to take it, because it might negatively affect their cases in the future," he said.

Adams said he received an e-mail from Hutcherson informing him that he will not be allowed to ask questions of prospective jurors; rather, the judge will ask the questions. One proposed question, Adams said, asks jurors if they will hold it against him that he chooses to represent himself. "That's deceptive," he said. "I don't choose to represent myself. I want counsel."

Because he has been unable to get counsel, and due to his lack of legal training, Adams said, he plans to bring stacks of law books into the courtroom to serve as reference while he represents himself. He acknowledges his efforts to refer to the books may slow down proceedings.

He's filing motions asking to have the case dismissed, he said.

Adam's case has been delayed repeatedly. "I have never asked for a continuance, since 2002," he said. A prosecutor or a judge was responsible for every delay, he said. "If this case was a slam-dunk, I would already be in prison. Why have there been three amended informations filed, a change of prosecutors, and so many different judges?"

Hutcherson is the fourth judge to preside over the case since it left Jacobs' court. The judge saga began in February 2003 when Adams stood before 44th Circuit Judge John Moody in a hearing to take up pending motions. At that time, Moody scheduled a jury trial for March 19, 2003. A short time later Moody recused himself from the case.

On March 19, 2003, Mo. Supreme Court-appointed Judge William Mauer was in the courtroom, but the trial was not held that day. Adams requested the date be changed to allow attorney Privette to join him in court. Mauer approved the request. Privette later asked to be taken off the case.

On Nov. 10, 2003, before appointed Judge Daniel Darnold, Adams pleaded not guilty to the charges. Feb. 18, Darnold sat as judge for Adams' pretrial hearing. Darnold later removed himself from the case because he was appointed Vernon County presiding commissioner in Nevada, Mo., and while holding that office he could not preside over court cases.

More from The Quill:

BY ALLISON SKINNER
Quill Staff Writer (West Plains)
December 8, 2004

The man who says Jesus is his chief counsel in the courtroom has filed a motion asking that the judge presiding in his case be evaluated by a psychiatrist or psychologist to determine if he “suffers from a mental disease or defect,” according to court records.

Richard John Adams, 50, Branson, charged with two counts of tampering with a judicial officer, is to be back in court Jan. 31 for the setting of a new jury trial date at the Camden County Courthouse in Camdenton.

The charges came when prosecutors say Adams made inappropriate comments to Judge John Jacobs during a Howell County traffic ticket case in July 2002, heard in Ozark County on a change of venue. If found guilty, Adams could serve up to seven years in prison on each charge.

Adams has claimed it is a “frivolous” lawsuit, and that the state has no evidence to support the charges.

Judge John Hutcherson of Clay County moved the case out of Ozark County on a change of venue, requested by Adams. Hutcherson has been appointed by the Missouri Supreme Court, and Assistant Missouri Attorney General Ted Bruce is serving as the prosecutor. Adams is representing himself, but told the court during a motions hearing that he is looking for stand-by counsel.

Today, Adams told The Quill he did request a change of venue, but had asked the case be heard in Taney County to ease his travel expenses. Camdenton will be a much greater distance for him to travel than Ozark or Taney County, he added.

Adams believes Hutcherson no longer has jurisdiction over the case because Adams, jointly with the change of venue request, asked for a change of judge.

”Missouri higher courts have ruled that upon the filing of disqualification of judge, said judge has no power to act except to set down the case for another judge, and any purported order made by said judge after the filing of such disqualification is void,” Adams said in court papers filed in Ozark County. “I, the accused, hereby move the court to take mandatory judicial notice of the fact that the conduct and actions of Mr. John R. Hutcherson in this case is self evident of his lack of competence and/or disrespect and willful disregard of the law, and I move the court to sanction Mr. Hutcherson for such contempt, and fine and/or imprison him. But, in all fairness to Hutcherson, before doing so, I move the court for an order to direct the Director of the Department of Health to examine Mr. Hutcherson by a psychiatrist or psychologist to determine whether Mr. Hutcherson suffers from a mental disease or defect; as to whether Mr. Hutcherson, as a result of a mental disease or defect, lacks the mental capacity to understand Missouri law and to determine his capacity to withstand a hearing or trial for his refusal to carry out and perform his duties under the Missouri law.”

Adams believes Hutcherson is either incompetent or has joined other state officials, he calls “actors,” in acts of “abuse of process” against him for exercising his rights.

”These state actors thought they were messing with “Joe six-pack” who doesn’t know he has rights,” Adams said today. “I’m not a ‘Joe six-pack.’ I am a proud American citizen who not only knows his rights, but (is) exercising them. I will not allow my public servants to take away my rights without a fight.

”The problem with our legal system today is that we the people have been asleep while the bar associations were busy filling the offices of our government with bar attorneys,” Adams told The Quill today. “’Attorn’ means to turn over. We the people have turned over our government to a private band of criminals who are running our country into the pits of hell. Is it any wonder why the 1983 Oxford Law Dictionary defines the term ‘devil’ as a member of the bar? Wake up people, the writing is on the wall.”

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Editor's comment: Richard Adams has a 300 mile round trip to make on April 4th for his next court date. Please help with any cash donations you may be able to manage since he has filed in forma pauperis being unable to afford to pay filing fees. He works part time only for minimum wage and has three children, one an infant. Do this for our Christian brother. Here is his mailing information.

Richard Adams, c/o P.O. Box 291, Hollister, Missouri 65673

If you would like to contact Richard by email, please send me a PM and request his email from me.