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‘Sovereign citizen’ convicted of kidnapping daughter loses appeal

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The Kansas man who kidnapped his adult daughter and held her captive in northern Indiana had his convictions and sentence upheld by the 7th Circuit Court of Appeals Wednesday.

Martin Jonassen was sentenced last year to 40 years in prison for kidnapping and intimidating his daughter in an attempt to not have her testify at his trial. He was arrested by Portage Police after he tried to physically drag 21-year-old E.J. from a liquor store where she had fled, nude, from a hotel room Jonassen had rented.

While in custody awaiting trial and sentencing, Jonassen, who identifies himself as a sovereign citizen, flooded the court with more than 180 frivolous pro se motions and chose to represent himself at trial.

His seven-month campaign to get his daughter to not testify worked – the day of the trial, on the stand, she said she didn’t know or couldn’t remember the answer to questions asked of her, even her name. The night before, she went over her testimony with the government, so when she didn’t testify, the government moved to admit statements to police under Rule 804(b)(6) of the Federal Rules of Evidence. The District Court granted the motion.

On appeal, Jonassen argued that the federal court should have conducted a competency hearing after his appointed counsel raised concerns about Jonassen’s mental health; that E.J.’s prior statements should not have been admitted; and that the court erred in denying his post-trial motion seeking, under the Jencks Act, notes a prosecutor took during the meeting E.J. had with officials the day before trial.

The 7th Circuit Court of Appeals found the District Court properly declined to conduct a competency hearing based on a colloquy between the judge and Jonassen.

“Although Jonassen asserted bizarre legal theories based on his claim of ‘sovereign citizenship,’ that alone does not provide a reason to doubt his competence to stand trial, and the record does not otherwise suggest that he lacked the ability to understand the proceedings,” Judge Diane Sykes wrote.

The judges also found the government laid an ample foundation for the admission of the hearsay evidence of E.J.’s statement – that Jonassen used bribery, guilt and various forms of psychological intimidation to procure E.J.’s unavailability. And because Jonassen didn’t request the Jencks Act material before the close of his trial, his claim for relief under the Act fails.
 

The case is United States of America v. Martin J. Jonassen, 13-1410.

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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