Michael Kennedy is Chief of Police in tiny Sunriver,
Oregon, an unincorporated resort village in the Beaver State's Deschutes County. Kennedy insists that his police force has been terrorized for years by a marauder named
Robert Foster.
“He breaks the law all the time,” Kennedy insisted in a June
15, 2010 sworn deposition.
“Well, have you ever arrested him?” asked Portland attorney
Frank Wesson, who was representing Foster at the time.
“I have not,” admitted Kennedy.
“Has anyone in your department ever arrested him?” Wesson
pressed.
Kennedy sought refuge in evasion: “Not to my knowledge, sir.”
Bear
in mind that Kennedy isn’t supervising the LAPD; he heads an eight-member
police force (supplemented on occasion by a 30-member volunteer citizens
patrol) in a town of fewer than 1,500 permanent residents in which actual crime
is all but nonexistent.
An honest answer would have been: No, Foster had never been
arrested, because no evidence exists that he ever committed a crime. Honesty
was not Kennedy’s first choice, however, nor does it appear to be his strong
suit. He went on to list among Foster’s alleged crimes “disorderly conduct,
interfering with a police officer, menacing, harassment, and stalking.”
“Was he ever arrested for any of those?” Wesson persisted.
“No; fortunately for him, no,” Kennedy replied. The Chief
made that statement in apparent ignorance of the fact that he had just
admitted, under oath, to incompetence in the administration of the law –
assuming that Foster was the serial offender depicted in Kennedy’s testimony
and internal department memoranda.
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| Chief Kennedy (r.) with State Rep. Whisnat (c.) |
One official report from Sunriver Officer
Dree Warren to Chief Kennedy describes Foster as glaring at Sunriver police
officers and emitting a sinister laugh like that of “the villain the Joker from
the Batman cartoons." Surely an archfiend of that magnitude can’t be allowed
to prey upon the innocent people of Sunriver, and their gallant protectors!
“I’m curious, do you
know why your officers wouldn’t arrest Mr. Foster if they thought he was
breaking the law?” asked the defense attorney.
After a brief bout of dissimulation, Kennedy tried to
dismiss the question by insisting that he “can’t account for what every officer
is thinking.”
This is true, of course. It is also entirely irrelevant. If
Foster were a one-man crime wave, leaving him at large would be a grave dereliction
of duty, both for Sunriver’s “Finest” and their bold and intrepid leader.
Rather than instructing his officers to arrest Foster if
there was evidence that he had committed a crime, Chief Kennedy, by his own
account, told them “to document every time they had a problem with Mr. Foster.”
He did this because “Mr. Foster was harassing and stalking our officers.”
After tabulating a number of “unwanted contacts” with
Foster, three of Sunriver’s “Finest” induced a judge to issue a Stalking Protection
Order forbidding him to come within eyeshot of his cringing, terrorized “victims.”
Under the terms of that order, the “victims” – Officers Kasey and Tiffany
Hughes (a married couple) and Sgt. Joseph Patnode – can literally arrange for
the arrest of Foster any time he comes within their field of vision.
Thanks to the efforts of Robert Foster’s daughter, Rebecca
Kossler, I’ve been able to review several hundred pages of detailed information
on every aspect of this controversy. This includes numerous official police
reports, several sworn depositions, legal filings, photographs taken of Foster
by the police during several “unwanted contacts” with Foster, and a transcribed
audio recording of a July 6, 2010 traffic stop involving Rebecca Kossler’s
husband, Ian.
The police accounts describe Mr. Foster engaged in such
suspicious activities as sitting in his pickup truck, shopping, buying
gasoline, and otherwise conducting routine business that brings him within visual
distance of Sun River police officers. These incidents were breathlessly
described as "evidence" of some unspecified criminal activity.
Nowhere
in any of the accounts provided by the supposed victims in this matter --the
people with guns and badges and the purported authority to use lethal force in
the name of "officer safety" -- is there any evidence of an actual
crime or a threat to commit the same on the part of Mr. Foster. (Chief Kennedy
refused to respond to repeated requests for an interview.) However, those reports are valuable evidence of unlawful
activity – the unwarranted harassment and unlawful surveillance of Robert
Foster by the Sunriver Police Department.
The record of the July 6, 2010
traffic stop provides compelling evidence of a criminal conspiracy to deprive Ian
Kossler of his constitutionally protected rights, and an oblique admission that the department had
done the same to Robert Foster.
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| Hughes (c.) and Patnode (l.) |
The officer conducting the traffic stop was Kasey Hughes,
one of the “victims” who filed a stalking order against Foster. When Ian
Kossler asked why he was being pulled over, Hughes replied: “You weren’t
wearing you seat belt when you passed me. In fact, when you were actually
following me.”
“I wasn’t following you,” Kossler objected.
That detail is important, since Hughes, his wife Tiffany,
and their supervisor, Sgt. Patnode, insisted that Foster had “followed” them on
various occasions, thereby subjecting them to “coercive” or “threatening”
behavior.
During his encounter with Ian Kossler, Hughes told Sgt.
Patnode via radio that Kossler had been “following” him, and that he had been
parked next to Robert Foster at a local restaurant called Blondie’s.
“I’m gonna ask him in a minute and then … the fact that he
is stalking me too -- he can have his concealed weapons permit revoked very
quickly,” Hughes informed Patnode.
After returning to Kossler’s vehicle, Hughes issued a
citation for not wearing a seat belt – and then brazenly attempted to provoke a
confrontation.
“Keep following us around and that’s what’s gonna happen,
OK!” sneered Hughes.
“Dude, I wasn’t following you,” replied a composed but
puzzled Kossler.
“You were following me around,” reiterated the petulant
tax-feeder.
“I was not following you… Why are you so paranoid?”
responded Kossler, whose patience was understandably beginning to evaporate.
“You stalk us and you’ll lose your concealed weapons permit,
too,” gloated Hughes.
“I am not stalking anybody,” replied the only adult who was
a party to that conversation.
The order that targeted Foster amounts to a bill of attainder.
Chief Kennedy and three of his subordinates have disposed of the necessity of
providing evidence that Foster has ever committed a crime. Instead, they have
criminalized the person of Robert
Foster – and they won’t be satisfied until they’ve contrived some way to put
him in prison.
The traffic stop involving Foster’s son-in-law establishes a
pattern on the part of the Sunriver Police: Identify a troublesome person,
accuse him of “stalking” them, and use that accusation to deprive him of his
rights. Just a few weeks after that encounter, Foster filed his civil rights
complaint – which may be the only reason why Ian Kossler hasn’t been the subject
of a spurious stalking order.
Foster’s civil case has been submitted to third-party
arbitration. Under the terms of the police department’s settlement offer,
Foster would be subject to a 10-year permanent stalking protection order that
could not be modified, or he could choose a 5-year permanent stalking order and
pay $10,000 in legal costs.
Whichever option he selected, Foster would also be required
to withdraw his tort claim against the police, and the existing legal record of
the case – including the damaging admissions made by Chief Kennedy – would be
expunged. This would mean that the police would be able to arrest Foster for
violating the stalking order at their leisure.
Incredible as it will seem to people burdened with a
capacity for rational thought, the arbitrator, Bend Attorney William Flinn, is
insisting that Foster accept that deal. (Like Chief Kennedy, Mr. Flinn also refused to respond to
repeated interview requests.)
"I know Bob feels that, had he accepted the
[settlement] offer, the police still would have found some way to construe
episodes of his future conduct as stalking,” Flinn wrote to Foster’s current
defense counsel on July 11. “But, I don't think that was a good reason to
reject the offer." Four days later,
Flinn reiterated his demand that Foster submit to a settlement that was manifestly
not in his best interest, telling his attorney that “there is virtually no chance that Bob will
prevail in court, despite your excellent trial skills and some evidence of paranoia/lack of candor on
the part of the police." (Emphasis
added)
A more appropriate term to describe the “lack of candor” Flinn refers
to is “perjury.”
Not only are the Sunriver police paranoid, according to
Flinn, but in his opinion they also pose a threat of potentially lethal
violence. That’s an eminently defensible assessment – one that Flinn fashioned
into an argument that Foster should submit to their demands.
"The skirmishing between the Sunriver police and Bob
Foster has been going on for over five years, wrote Flinn to Foster's lawyer. "So far, no one has resorted to
the use of weapons, but it appears the risk increases with every new encounter.
If I were the judge hearing this case, my priority would be to defuse the
situation before it gets violent. No judge wants to be blamed, in retrospect,
for passing up an opportunity to prevent armed conflict and the loss of
life."
In his sworn deposition, Chief Kennedy admitted that Foster
has never been seen carrying a firearm. The only threat of violence in
any of those encounters is that posed by the armed children under Kennedy’s
supervision. That threat can, and should, be defused by ordering Kennedy and
his kiddie patrol to withdraw their complaint and leave Foster alone, unless
there is evidence that he’s actually committing a crime. Instead, the “mediator”
is making common cause with people he describes as dishonest and potentially
violent -- and who are engaged in something that can properly be described as
extortion.
The fearsome figure who causes Sunriver’s “Finest” to lose bladder control is a wiry, soft-spoken
51-year-old entrepreneur who runs a hot tub installation and maintenance company. A lifetime resident
of rural Oregon, Bob Foster is the kind of blessed troublemaker who carries copies of the U.S. Constitution in his
pickup truck, but – unlike nearly everybody else in Deschutes County –rarely carries
a rifle in his gun rack, a fact Chief Kennedy artlessly tried to obfuscate in
his sworn testimony.
Foster is blunt but not abrasive. He is a devoted
grandfather. He is also an accomplished guitarist whose irreproachable taste
in classic rock is demonstrated by the fact that his favorite band is ThinLizzy. Most importantly for the purposes of the present discussion, Foster is
an outspoken critic of what he describes as Sunriver’s ruling political clique.
Before 2008, Sunriver
was one of the few places in the known universe where police were required by
law to act as peace officers, rather than law enforcers. Although they were
permitted to arrest people for crimes against person and property, they were
forbidden to act as armed tax farmers by detaining and mulcting motorists who
violated Oregon’s invasive seat belt law, or who committed other infractions
that would result in traffic fines elsewhere.
“No seatbelt? No citation. No tail light? No
ticket. In too much of a hurry? Not to worry,” reported a
March 3, 2007 AP story from Sunriver. “Sgt. P.J. Beaty watches people in
this upscale development breaking traffic laws, and sees plenty of them. But he
can't pull them over. A man swerved head-on into Beaty's lane, and then back
out again and Beaty couldn't law a glove on him.”
Owing to the fact that Sunriver was actually
governed by a private homeowners association, its streets were exempt from most
of the obnoxious enactments used as pretexts for roadside shakedowns by police.
As local reporter Susan Lawson of the Sunriver Scene told Pro Libertate in a May 2007 interview, “if someone were robbing the
mini-mart up the road the police would obviously have the power to arrest the
suspect. The police are simply not permitted to enforce a very small number –
it's either six or eight – of laws dealing with minor traffic infractions,
because our roads are the equivalent of private property.”
This was an unconscionable state of affairs,
according to the SROA, which prevailed on Oregon State Rep. Gene Whisnat to
sponsor H.B.
3445, which extended police “authority” to include roads and streets on “premises
open to the public that are owned by a homeowners association....” That measure
was passed, and another freedom-promoting “loophole” was closed. But that wasn’t
the end of the matter.
In 2003, the Sunriver
Owner’s Association (SROA), which functions as a municipal government, had created
a special service district within Deschutes County. In 2008, following passage
of H.B 3445 – which put the police in the business of collecting revenue at
gunpoint – the SROA enacted a special multi-million-dollar tax assessment for
the special
service district.
Bob Foster, who has lived in the area nearly all his life
and is a well-respected local businessman, became a conspicuous presence at
public meetings, where he would politely but forcefully express his opposition
to the service district and the tax assessment.
Like any small town dependent on tourism, Sunriver is
acutely sensitive to economic trends. During one public meeting in which the
town’s economic challenges were discussed, Foster suggested that the SROA could
save several millions of dollars each year by seceding from Deschutes County, thereby
canceling the expensive service district agreement. He also recommended that
the duties of the police be scaled back to their pre-2007 role, and that
Sunriver contract with a nearby town called La Pine for emergency services.
“That’s the kind of talk that made me Public Enemy Number
One,” Foster told Pro Libertate during a lengthy interview. He is a legitimate threat to
the Sunriver Police – not to the physical safety of any of its officers, but to the agency's continued access to a steady stream of plundered revenue. This is why every
gesture or public utterance by Foster is treated by the Sunriver Police as
evidence of his criminal intent.
In an October 8 2010 petition seeking the extension of the
stalking protection order, Officer Kasey Hughes accused Foster of making “violent
and aggressive” statements that displayed a “distorted perception” of the
police department. Among those supposedly criminal utterances was “You’re a
public servant, I’m your boss.” On another occasion Foster “referred to the
Sunriver Police as `the local Gestapo’” – an assessment which, given the
department’s behavior, barely qualifies as hyperbole.
Foster “appears to be a highly volatile person,” simpered
Hughes, accusing him of “obsessive behavior that could turn to aggression at
any point.” Besides, Foster “has access to guns,” pouted Hughes, who – unlike his
supposed persecutor – carries one with him at all times.
A report filed by Officer Hughes a few weeks before
submitting that petition suggests that he, not Foster, is hostage to bizarre
obsessions. Hughes described how he and two other officers were responding to a
citizen complaint at the Crossroads Gas Station in Sunriver when he saw Foster “sitting
at a table directly in front of his truck,” writing in a notepad. A few minutes
later, while interviewing a local resident, “I saw Foster standing outside his
vehicle, staring at me,” Hughes continued. “I also noticed him washing his
windshield very slowly.”
Foster’s "threatening" behavior was supposedly noticed by the
individual Hughes was interviewing. “Man, he’s eye-f**king you,” the resident told Hughes, according to the officer’s unsupported account. According to the
report, this incident was enough to frighten Hughes away – although, oddly
enough, his supposed stalker “was still at the gas pumps when I left.”
If Robert Foster is compelled to accept the Sunriver Police
Department’s settlement offer, Hughes would be able to transmute a peculiar sexual
fantasy of that kind into a criminal complaint. He or either of the other two “victims”
would also be granted a license to stalk Foster and have him prosecuted for violating the permanent stalking order.
Robert Foster’s experience can appropriately be described as “Kafkaesque”
– but it is not unique. There are uncanny similarities between his story and
recent developments in Quartzsite, Arizona, another small rural town (population
circa 3,600) that is largely dependent on tourism. In recent months, something
perilously close to open warfare has erupted between the Quartzsite TownCouncil and its reform-minded Mayor, Ed Foster (the shared surname is another
striking coincidence).
Foster is convinced that the Council has engaged in corrupt
and dubious bookkeeping. His suspicions were sharpened by the Council’s
refusal – in defiance of municipal ordinances and state law, and with the
support of Police Chief Jeff Gilbert – to allow him access to the appropriate
records. On several occasions, the Mayor and several other prominent critics of
the Council have been arrested or harassed by the police in transparent acts of
retaliation. This led
ten members of the Quartzsite Police Department to file a public protest
denouncing Gilbert’s abuse of “authority.” The Council has responded by
declaring a state of emergency, suspending all but three members of the police
force, and placing the dissenting officers under a gag order.
One member of Quartzsite’s Town Council, Joe Winslow, persuaded
Justice of the Peace Karen Slaughter (a retired sheriff’s deputy with no legal
education) to issue an
injunction against a local businessman named Michael Roth, who was accused
of “harassing” and “threatening” Winslow by shooting him dirty looks and
speaking to him disrespectfully. The court order requires that Roth surrender
his firearms to Chief Gilbert and his praetorian guard – not because of
anything the citizen has done, but because the offended Council member, who
admits to purchasing a shotgun, describes himself as “more concerned about my reaction to his
aggression than anything else.”
In other words:
This Mundane has frightened me and made me angry, so he must be disarmed before
I either kill him or have one of my armed minions kill him on my behalf. There is little, if any, material difference between that demand and the terms being forced upon
Robert Foster.
A third case of a similar kind is unfolding in Renton, Washington, where police and the City
Attorney seek to arrest and prosecute an anonymous parodist who created
several animated cartoons mocking the scandal-plagued police department.
The videos “target specific members of the City
of Renton and Renton Police Department with the intent to embarrass and emotionally
torment the victims,” asserts police investigator Ryan Rutledge in a July 11affidavit filed in the Superior Court for King County. Rutledge contends that
the videos – which by any rational definition constitute politically protected
speech – are covered by the Washington State “cyberstalking” statute. In an example of what would be irony were it not related to the institutionalized corruption called "government," the Renton Deputy Police Chief Tim Troxel was given a trivial reprimand for ordering an off-duty police officer to stalk his wayward girlfriend.
Although
no institutional or personal names were mentioned in the cartoons, Rutledge
reports that “three individuals have come forward and identified themselves as
being the persons targeted by embarrassing and emotionally tormenting comments
about past sexual relationships or dating relationships that were discussed
within some of these videos.” Once again, the "offense" in question consisted of making public comments that hurt the feelings of corrupt public officials.
One case of this type can be regarded as an anomaly; two can
be described as coincidence; however, three or more examples constitute a
pattern.
Wherever they can get away with it, police are using wiretapping statutes to prosecute Mundanes who record their public behavior. Now local police, and the entrenched political elites they serve, are using anti-stalking and anti-harassment laws to disarm and criminalize their critics. We can expect depraved ingenuity of this kind on the part of the tax-devouring class as the retreating economic tide lays bare layer after layer of official corruption -- from Washington to Wall Street to City Hall.
Thanks again for your help, and your patience...
... as I get the promised copies of Global Gun Grab to those of you who have been so generous.
Pro Libertate Radio has ended its run on the Liberty News Radio Network, which has changed formats. I have been approached about resuming the program with another network, and will provide details as they become available.
Dum spiro, pugno!















