From the March 2002 Idaho Observer:
County ignores bond exoneration, jails Blanchard man for failure to appear, eluding
The following story is exemplary of the state of judicial anarchy within which the people of this nation currently exist. The story of David-Don: Sego's arrest/imprisonment/bond/release/appearance and bond exoneration was published in the January 4, 2002 edition of The Idaho Observer. By that time the Segos had cashed the bond exoneration check of $377 authorized by Magistrate Judge Deborah Heise dated December 12, 2001. There was no indication that there was a warrant for the 25-year-old David's arrest that dates back to either November 23 or November 26 -- depending on which way you look at it. To the Segos, a family that is extremely astute in legal matters, the case appeared to be closed. The manner in which the Sego family proceeded after the arrest of David proved that one could be arrested on a warrantless stop, stand firm on his constitutional rights, appear in court by affidavit only and walk away without a fine and be repaid in full for bond. After The Idaho Observer article came out, it appears the court engaged in a flurry of activities to reverse its actions and now David is back in jail for failure to appear and eluding an officer.
David-Don:Sego was arrested in Bonner county Oct. 25, 2001, after an Idaho State trooper pulled him over and he pled his 4th and 5th Constitutional Amendment rights. It was a warrantless arrest and David was charged with failure to surrender his driver's license and obstructing and delaying an officer.
David's bail of $377 was posted the same day and he was released from Bonner County Jail.
His court appearance was set for Nov. 23, 2001. He responded (appeared) by affidavit on Nov. 20, 2001. The response has the Bonner County file stamp and the case number on it.
David made a subsequent appearance (by affidavit) on Nov. 23, 2001 (which Bonner County neglected to stamp until Nov. 26, 2001).
Approximately one week after the hearing, we heard a rumor that a bench warrant had been issued for David's arrest. Our response was to send a notice to Magistrate Judge Deborah Heise Dec. 10, 2001. Notice was received by Bonner County on Dec. 11, 2001. Judge Heise ordered Bonner County to issue a check to us in the amount of $377 Dec. 12, 2001. The description on the check stub says Bond exoneration and has the case number next to it.
You wouldn't expect a judge to order bond money returned if there was an outstanding arrest warrant for your failure to appear.
David was stopped in Kootenai County on Feb. 9, 2002. The officer said there was a warrant for his arrest in Bonner County. David tried to explain that it had been exonerated but the officer would not listen. David got scared and ran.
Eluding an officer was subsequently added to the arrest warrant.
David and his father went to pick up David's daughter from his ex-wife February 15, 2002. Six law enforcement vehicles suddenly arrived on the scene and surrounded them. The officers all got out of their cars and had guns pointed at David and his father. David's 3 ½ year old daughter witnessed all of this.
David's father was handcuffed and searched while another officer held a gun near his head. Though he was told he was not under arrest and was not himself being charged with any crimes, David's father was forced into the backseat of a law enforcement vehicle.
At approximately 1 a.m. Sat., Feb. 16, 2002, David was awakened in jail and told that he had to sign some papers (waiver of right to counsel and notification of rights). David did sign the papers but has since rescinded his signature claiming he was coerced into signing them.
On Feb. 19 David was given a video court appearance from the jail. Magistrate Judge Barbara Buchanan would not allow David to speak. David told us the judge said she wasn't going to listen to, any of that crap (regarding his claims of constitutional rights and due process of law as he understands it).
Judge Buchanan entered a not guilty plea on David's behalf which is considered practicing law from the bench which is a violation of her canons of judicial conduct and state law.
Papers that had been filed with the court by David's counsel (Steven;Sego) to aid him in his defense had not been given to him. When he did get them, the sovereignty flag in the heading of the paperwork had been removed.
The curious matter of the arrest warrant
The case file shows that on Nov. 26, 2001, Judge Heise issued and signed a bench warrant stating David hadn't appeared, and the cash bond was to be forfeited.
At least that's when she signed the warrant. Curiously the warrant was filed at 1:15 p.m. -- the exact same time David was scheduled to appear November 23 and three days before it was signed by the judge. Adding to the confusion is the bond exoneration check issued Dec. 12 by Bonner county under court order by Judge Heise -- proof that as far as the court was concerned David had appeared. The timing of the warrant would indicate that the court was not expecting David to appear in person at the scheduled time because he had already appeared by affidavit. There is no other rational explanation for the warrant to have already been made out and filed before David was scheduled to appear in court.
In order to justify the warranted arrest of February 16, is the court planning to ignore the bond exoneration check of Dec. 12?
As we scrutinize the official paperwork of this case we continue to uncover discrepancies. Most obviously, why would bail money be returned almost three weeks after a bench warrant is issued for failure to appear?
As of this writing, David has been incarcerated for 17 days. He is being held in lieu of $26,000 bond which is excessive for a young man with no criminal record, who is not a danger to the community and is not a flight risk.
Steven; Sego filed a Writ of Habeas Corpus, with Idaho District Federal Court in Coeur d'Alene February 21.
The Sego families of Blanchard and Rathdrum are currently involved in an unrelated lawsuit against District 1 Judge James Michaud, Bonner County Prosecutor Phil Robinson and several others working in the legal field in Bonner County.
~In God we trust, The Sego; family
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