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from Montana Human Rights Network News, November 1997
What's a Judge to Do?Freeman Bound and Gagged During SentencingAn uncooperative Freeman, LeRoy Schweitzer, was ordered bound and gagged by U.S. District Judge Lovell on October 23, 1997. He was then sentenced to 27 months imprisonment, the maximum sentence allowed by law for income tax evasion and failure to appear for trial.During his trial last year, Schweitzer was removed from the courtroom for disruptive behavior and confined to a holding cell in which he could follow his trial on closed-circuit television. At that time, Judge Lovell stated that Schweitzer had "no business in the courtroom unless he is taped and chained." The judge carried out that threat at the sentencing hearing. A handful of spectators, consisting mostly of press, government officials and Network staff, watched from the back of the courtroom, while several U.S. Marshals guarded the doors. Judge Lovell began the hearing by holding Schweitzer in contempt for failing to rise as directed when the judge entered the courtroom. When Schweitzer refused to approach the podium at the order of the judge, refused to answer questions, and finally responded by spewing out his common law rhetoric and rejecting the jurisdiction of the court, Judge Lovell directed U.S. Marshals to restrain and gag Schweitzer. After a five minute recess, the marshals escorted Schweitzer to the podium, with his wrists handcuffed behind his back and mouth bound by a cloth strip wound tightly around his head, secured by duct tape. Judge Lovell appointed "standby" attorney Tony Gallagher to represent Schweitzer for the remainder of the hearing. At the point when a defendant is allowed opportunity to speak on his own behalf, the Judge directed marshals to remove the gag so Schweitzer could speak. Schweitzer again responded by denying the legitimacy of the court, accusing the judge of "constructive treason," refusing extradition to the U.S. and objecting to the whole proceeding. Judge Lovell noted his objections and overruled all of them, stating they were ludicrous. He then pronounced the sentence. In addition to jail time, Schweitzer must pay restitution of $112,683 to the U.S. government, and a total of $200,125 in fines. He is still awaiting trial for a number of felony charges relating to his Freemen activities, including conspiracy and fraud. |