SUBPOENA - REVISIONISM ------------------------------------------------------------------------
Lower District Court, Munich Division for Criminal Cases and Fines Reference
no.: (please indicate in all correspondence!) 8430 Cs 112 Js 11637/96
Lower
District Court, 80097 Munich
Mr. Carlos Whitlock PORTER
Address {withheld to protect present
occupants}
Belgium
x/ Marked as applicable 8-097 Munich 27.02.1997
Justizgebäude
Nymphenburger Strasse 16 Room
Telephone (0 89) 55 97-4353 [deletions]
Fax:
(0 89) 5597 4428 (Criminal Court)
SUBPOENA - Please bring this subpoena with you to the appointment. -
x/ Criminal case Versus: Porter Carlos For: Incitement to racial hatred
Dear Mr. Porter,
On the basis of your objection you are summonsed to
a main trial on: Tuesday /Day, month, year / Time / Above mentioned building/
Room no.: Tuesday, 25 March 1997 14:00 A 224
You may also be
represented by a lawyer with written power of attorney. If neither you, nor a
defence attorney with written power of attorney to defend you, appears, and if
such absence is without sufficient justification, your objection will be
rejected without consideration.
Applicable only if crossed! x/ The Court has ordered your personal appearance. This order must be obeyed even if you are represented by a defence lawyer.
You must bring the evidentiary material listed on the reverse page with you. You may apply to the court to examine additional witnesses and experts, or to produce further evidentiary material, stating any facts with regards to which any evidence is to be adduced. You may also bring any witnesses and experts whom you wish to examine, along with you to the main trial; you must, however, notify the Court of their names and addresses immediately. Should you be able to show that you are unable to pay the travel costs out of your own funds, you may apply for an indemnity for travel costs, and file it with the above mentioned court, or, in urgent cases, with the Lower District Court with jurisdiction over your place of residence. Respectfully, [name, signature]
Public transport connections: underground, streetcar; stop at
Stiglmaierplatz. AG No. 788c/E AGM Abt. 8-113.5 (9.93) StP 206: subpoena for
a defendant who has objected to an order of punishment (sections 411, 412, 329
StPO) (2.88). [reverse page] Indication of evidentiary material:
1.
Witnesses
2. Experts
3. Documents
4. Other evidentiary material
[third page]
[letterhead, addresses, etc.] Certified True Copy 80097 Munich, 28.01.1997
In matter of: Trial of Carlos Porter for incitement to racial hatred
DECISION
The application of the defendant dated 07.01.1997 for a court-appointed
lawyer is hereby rejected.
GROUNDS
The prerequisites of section 140 paragraph 1 StPO are not
present. Neither is the defendant accused of a felony, nor has he been confined
in prison for at least 3 months with the authorization of a judge, or by court
order.
Such appointment on the basis of section 140 paragraph 2 StPO must also
fail. Neither does the cooperation of a defence attorney appear to be required
due to the "severity of the offence", nor the "complexity of the
technical and legal situation". Nor is it apparent that the defendant is
incapable of acting in his own defence.
[signed: Zeilinger] Judge,
Lower
District Court
Certified True Copy With original document
Munich, 27 February 1997 Lower District Court
[name, signature]
Clerk of the Court
------------------------------------------------------------------------
[Note: The defendant disputed the court's jurisdiction in a letter dated March 10 1997, and refused to appear. The "trial" was held in absentia on March 25, 1997.]
Judge Zeilinger
[address] [references]
10 March 1997
Judge Zeilinger!
With regards to your subpoena of 22 May: Without prejudicial admission,
waiver, and with all due reserves:
I do not recognize your jurisdiction.
I do not recognize the legality of your order of punishment.
I do not
recognize the legality of your subpoena.
I do not recognize the legality
of your laws curtailing freedom of speech, freedom of the press, freedom of
opinion, and freedom of expression.
I do not recognize the legality of
being asked to produce evidence when every single one of my defence witnesses
and experts is either currently in prison, or is a fugitive from justice, for
the "crime" of expressing their internationally recognized freedom of
expression, and when every one of their expert opinions and books, have, without
exception, been banned, confiscated and burnt.
I demand all documents in
English according with article 6, section A-C of the European Human Rights
Convention.
I demand an indictment based on facts, not opinions and
conclusions, so that I may know the exact nature of the charges against me.
I demand to know point by point, sentence by sentence, document by
document, reference by reference, exactly what you object to in every single one
of the sentences quoted against me, as well as in any other sentence which may
be quoted against me, so that I can know exactly what is being alleged against
me in order to enable me to prepare my defence.
I demand to be supplied
with all documents, evidence, and a list of all witnesses upon which/whom you
intend to rely in proving your case.
I demand a continuance of the trial
date so that I can study German law.
I demand to appeal your decision to deny me a lawyer.
I demand to be
supplied with any and all exculpatory evidence in your possession.
I refuse
to accept any burden of proof in this matter whatsoever. The burden of proof is
on you, not me.
I am not familiar with the legal systems of Third World
dictatorships.
Faithfully,
Carlos Porter
Continue with Germany vs Porter Part IV
Return to Germany vs Porter Part II
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Soviet propaganda image stolen from http://www.reichslieder.com/reichslieder_Tshirts_150.html.