Abbeville horror UPDATE

“What’s the point in having all that power if you’re not going to use it?” asked former Secretary of State Madeline Albright. While the ZOG lays plans for another siege in New Hampshire, let’s review its excuse for a South Carolina foray.

By Donald Sullivan
Lt. Col., USAFR (R)
Aloe910@aol.com

For those of you who might have missed it, the “Abbeville Horror” refers to a ten- and-one-half-hour “standoff” at the home of Arthur and Rita Bixby in Abbeville, SC, on December 8, 2003, with the father Arthur and his son Steven arrested after that pair had allegedly killed two Sheriff’s Department deputies trespassing on their property following a prior dispute between the Bixbys and the SCDOT over property rights and rights-of-way.

Those officers had been ordered to leave these private premises. The first, Deputy Wilson (Black), was on the scene initially alone when shot after allegedly threatening the Bixby men and attempting to enter the home with no warrant nor probable cause. The second, Deputy Outz (White), showed up after hearing that gunshot, and, likewise refusing to leave, was shot by one or more persons unknown at present. The Bixbys were charged with this second shoot, and Steve initially thought he might have been the shooter, but the forensics and ballistics evidence remains “inconclusive.” By the suspected caliber and firing direction of that lethal round, it appears the bullet was not discharged from the Bixbys’ residence. Another officer on the scene, Deborah Graham, also discharged her weapon. The only “eyewitness” save for the Bixby men, she has since left the force and was not called to testify by the prosecution or the defense, although the caliber of this death bullet more closely resembled the standard issue weapon.

Steve’s trial in February was shabbily executed, to say the least. Convicted on all counts, very quickly he received two death penalty sentences for his trouble, the trial ending and the verdict coming in on a Sunday. The court would not entertain any mentioning of a self-defense plea. Steve sits today on death row in Ridgeville, SC. Arthur is being held incognito in Laurens, SC, with no trial scheduled as yet. Steve’s mother, Rita, nowhere near the scene but headed back to her home State of New Hampshire, was nevertheless charged as an accessory, as a co-conspirator and with misprision of felony – charges originally carrying death penalty sentences; but these were dropped in August, 2006. Her trial has not been scheduled. June 8, 2007, marked three and one-half years the three Bixbys have been in jail already. Now for an update.

Rita’s filing for bond (pending trial and the outcome of her motion to the SC Court of Appeals on the denial of her right to a habeas corpus hearing, which petition had been “calendared” for April 6, 2006) was denied on May 15. No further motion for a speedy trial having been presented by her attorneys, a previous motion for speedy trial having been denied on August 21, 2006, she is not pleased with her attorneys nor should she be. They sat in court during the bond hearing allowing County Solicitor Peace to “read off a bunch of falsified alleged statements about me and made no response/rebuttal.”

A savvy individual when it comes to legal proceedings, Rita just might relieve herself of this burden of court-appointed counsel and move forward on her own. She can’t fare any worse than thus far. Should Rita do so, she says she will use the speech Judge MacCaulay made to me on April 6, 2006, about the lengths the State would go to in defending her rights when he denied her a hearing on the previously-mentioned motion for the habeas corpus petition filed by me at her request. That is a federally-guaranteed constitutional right, as imposed on the States by the feds under an arguably unratified 14th Amendment. Typically, the federal courts do not recognize the right of a White person to demand protection under the 14th or other laws written to enforce it. One of my petitions to the 4th U.S. Circuit Court of Appeals was answered with: “The protections granted by the 14th Amendment do not apply since the Appellant [myself] is not a member of a protected class and there is no evidence of any racially discriminatory animus in the actions of the Respondents [Pender County Sheriff].” No such restrictions are written there; habeas corpus can be petitioned by anyone, with or without the defendant’s knowledge or consent. But that right has been denied in this instance by South Carolina’s General Statutes. Here is the record of said Judge MacCaulay’s words denying me standing to present the petition:

The Next Friend: “Your Honor. I’m here to protect Mrs. Bixby’s rights.”

The Court: “Just for the record, the reason that this court doesn’t permit people who are not trained to represent defendants in important cases, our law provides that no person may be appointed unless he be fully competent or understand and protect the race of the person whom he represents. That’s, of course, for the defendant’s benefit even if the defendant doesn’t understand it. No one should impose their efforts on the defendant. And as I understand it from a submission that was made entitled, ‘Petition for Extraordinary Writ of Habeas Corpus by Next Friend,’ that is your standing. And I trust you are Mr. Sullivan?”

The Next Friend: “Yes, Your Honor.”

The Court: “And you’re not an attorney?”

The Next Friend: “No, Sir.”

The Court: “Not even a resident of South Carolina?”

The Next Friend: “No, Sir. I’m present to protect Mrs. Bixby’s rights. That’s first and foremost.”

The Court: “I’ll assure you there’s a whole State of South Carolina, United States of America under our constitutions that are there for that same purpose; and some of us are better qualified than others. In fact, it would be almost irresponsible for a court to permit anyone who comes in with all the great intentions in the world to do something that would violate the very protections that our courts and legislators, if you would, and juries are required to do, thank you very much.”

The Next Friend: “Thank you, Your Honor.”

What one cannot see is just how close I came to being held in contempt during that hearing. Judge MacCaulay was not happy. I did not pursue the argument any further, thinking I could do the Bixbys more good out of jail than in. Probably a good call. Rita appealed Judge MacCaulay’s ruling on the matter through me in November, 2006. That appeal was docketed, but has not been heard yet; nor has the State filed any response to the Appellant’s brief. My recent calls to the Clerk have not been returned. Her bond was denied because she is considered a flight risk and a danger to society. As she said in her last letter,

“If I was a flight risk, I would have left Dec. 8, 2003, when I found out what was going on. And I am a danger to society!? Well, now, I had in the trunk of my car a 250 Savage Rifle and a Charter Arms 22 pistol with plenty of ammo for both. Neither one was taken out of the car.” And,

“I was told by Lt. Butler (A supervisor in the Greenwood County Detention Center) that a woman put in with me, was in the hopes I could get her straightened out. Fourteen years of drugs and whoring! How could I correct that in 29 days in here? She has a lot more serious charges than I have, and she is now out on $25,000 bond and an ankle bracelet.”

So much for the risk factors, the flight risk, speedy trial, and any constitutional guarantees at all for Rita Bixby. Three and one-half years with no evidence from the State of her having committed any crime. Her trial may happen now on October 25th, 2007, except she is hoping for a complete change of venue, if she can get her lawyers to listen to her; or, if she takes over her own defense.

As for Steve, the first comment in his last letter to me was to thank Olaf Childress for sending him his subscription to The First Freedom, which he now receives on Death Row. He also shares it with his fellow condemned, three-fourths of whom he says are there for killing “Officers of the Law.” He hasn’t been able to write much lately for lack of funds. As I said in the June update, much of the money deposited for him is taken for medical supplies and other “debts to the State.” I wrote the warden two weeks ago asking how the State was able to justify stealing the inmates’ funds. No response yet. Steve has acquired a small battery-powered radio in his cell and now listens to “talk radio” from 8 PM till 12 AM, mostly “The Rusty Humphries Show” and “Savage Nation.” Although these fellows probably put out some interesting opinions, I warned him that they either don’t know the “root causes” of our national woes, or they can’t talk about them and keep their jobs; their commentary is, therefore, biased to the lie by omission. His batteries only last five days, and the racketeers in the canteen gouge the heck out of prisoners for replacements. He asked me to contact Rusty Humphries, and I have tried; but his phone line is always busy. As soon as I get my internet access back online, I will hit his website and email with the untold part of the Bixbys’ “Abbeville Horror” story. I don’t usually do talk shows, because those personalities typically try to filter out one who has a little truth and then discredit or cut him off in mid-sentence. One such character is Neil Boortz, with his “FAIR Tax” scam. Try getting him to consider any comment which questions the viability and constitutionality of a national excise tax, and you’ll see what I mean.

Steve remains confident that his was a “No prayer in Hell Trial,” yet he hopes to overturn on appeal. Having prejudiced the already-biased jury with comments such as “Wilson and Outz were killed in the line of duty” against evidence presented at trial, the judge’s lack of impartiality alone sets up a reversible error. The evidence that the forensics and ballistics for the second “victim” are inconclusive sheds reasonable doubt on the whole affair and negates any opinion of the defendant Bixby, as stated in his own letters to his girlfriend, that his was the shot which killed Deputy Outz. Further, the jury foreman, a “friend” of the Judge, should have been disqualified; yet he was seated on and headed the jury over the objections of Steve’s attorney. Then there is the judge’s refusal to entertain any evidence or witnesses tending to support a “self-defense” plea, obvious prejudgment that killing an “Officer of the Law” can never be self-defense.

It appears Steve’s mail is going to him uncensored now. At least all of mine, with enclosures, gets there for the first time. He would really appreciate mail or packages from any of you readers. Just send to the above address and please include your return address with a name. I plan to visit him in Ridgeville this month, just as soon as we get the introductions and clearances in order. I’ll have a full report on the visit in next month’s update.

Until then, remember this: Gene Pitney was probably right when he said, “The point of a gun was the only law Liberty understood.” It follows that one who fails to arm himself and stand ready to “point” the gun may not enjoy Liberty in this “New America.” Steve and his father made that sacrifice for Liberty. Although I mightn’t speak for Arthur, I can say that Steve and Rita have not faltered in their resolve to defend their natural and constitutional rights. If they go down, so do we all. In the words of a true patriot, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure [Thomas Jefferson’s letter to William S. Smith, January 30, 1787].”

Sometimes the tyrants are unwitting servants of the tyranny due to their own ignorance. We can usually recognize them from their uniforms. They are very difficult to de-program. Most often, they will just have to be eliminated. This was never more clear to me than when I was attempting to insert constitutional training into the curriculum at the Federal Law Enforcement Training Center (FLETC), Glynco, Georgia, where all federal agents except the FBI and Wildlife officers are trained, in 2001. I was contacted by one retired U.S. Army JAG Colonel who, at the time, was general counsel for the center. He said, “Colonel Sullivan, you have to realize that, if we teach these students the Constitution, they may question their orders; and we’ll have to fire them.” Think about that. Perhaps it is why a military careerist never receives during training a copy of what he swears under oaths to “support and defend” – the Constitution of the United States. I put the Colonel’s comment in a follow-up letter to the Director of FLETC. It wasn’t rebutted.