By JIM BURROWS
Daily News staff writer
CARTHAGE -- Your honor, you have kidnapped me under color of law," said Martin Lindstedt at the conclusion [of] a hearing Tuesday when Judge Joe Schoeberl sentenced Lindstedt to 30 days in jail for failure to pay a Granby traffic fine.
The more than two-hour contempt of court hearing was held for Lindstedt to show cause why he hadn't paid his fine. He said he hadn't willfully refused to pay the fine because he is in the process of appeal and believes the judge has no jurisdiction over him.
On May 16, 1994, Lindstedt was ticketed in Granby for speeding and having a burned out headlight on his truck. Eventually the speeding ticket was dropped and Lindstedt fought paying a $25 fine plus costs. He wanted a jury trial and after exhausting the judges in Newton County his trial was assigned to Judge Schoeberl and moved to Jasper County.
Trial was held June 29 and the jury found Lindstedt guilty, assessing a fine of $250 plus costs. Costs were set at $96 so Lindstedt owed a total of $346. An Oct. 11 letter notified Lindstedt he had 30 days to pay up or face 30 days in jail. Time went by until mid-March when the judge set Tuesday's hearing date.
"If I pay a penny of that I will be acknowledging your jurisdiction," Lindstedt told Judge Schoeberl. And he later rephrased the same point by saying, "If I paid I would be giving you the jurisdiction that you never had."
Lindstedt said he hadn't willfully refused to pay the fine, only that he delayed because he is trying to appeal the case on the state and federal levels "because I know, eventually, this nonsense will be overturned."
But Granby Attorney Kevin Selby produced a letter dated Nov. 8 to the Granby court, a letter which Lindstedt said he had written. In that letter Lindstedt wrote, "I have no intention of paying a nickel. I'll take that bluff" of jail time.
Security was strict at the Carthage courthouse because Lindstedt had let it be known he would be bringing some of his fellow militiamen with him. About four of the militia accompanied him and Lindstedt was arrested without incident at the conclusion of the hearing. Several plainclothes and uniformed officers were in the courtroom.
Lindstedt is being held in the Jasper County Jail and Judge Schoeberl said should the fine and costs be paid before the conclusion of the 30-day period Lindstedt would be recalled to court at that time. In 1994 Lindstedt lost an election bid against Judge White. On Tuesday he lost an election bid to be an alderman from the South Ward. He has filed for governor on the Libertarian Party ticket. He asked that his name be printed on the ballot as Martin "Lawsuit" Lindstedt.
From the April 3, 1996, Neosho Daily News.
Back to Press Clippings?
Martin Lindstedt's Jailhouse Papers?
Patrick Henry On-Line