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By Jim Hogshire (author of Sell Your Body to Science, etc., who added: "Please disseminate this thing far and wide.")



On May 29th, according to a Portland, OR prosecutor, Jim Goad "kidnapped" his ex-girlfriend, Sky Ryan. It seems the two ex-lovebirds were fighting in Jim's car as Jim drove for about 20 minutes through populated areas of town, obeying all the traffic rules, stopping at red lights and not doing anything reckless. Goad did not have or use any weapon, use any force, or even make threats to keep his spurned, but very angry ex-girlfriend in the car with him.

The car doors were not locked -- a fact made clear when the alleged "kidnap" victim, Sky Ryan, tired of her harrowing "kidnap" experience and effected a daring escape by the simple tactic of opening the car door and getting out.

There is no evidence Jim Goad wanted anything more than to get this woman OUT of his car. He had, after all, taken out a restraining order against Sky Ryan, which was still in effect at the time and which she had already violated more than once.

Once Sky Ryan, was a sufficient distance away from Jim Goad so as to no longer be in violation of the restraining order, her next move was to accuse Jim Goad of a string of assaults and, of course, kidnapping. She also kindly provided the prosecutor with copies of Goad's writings.

The prosecutor, Mr. Rod Underhill, was so outraged by the content of Goad's social commentary and anti-authoritarian writings he declared Jim Goad to be "vile" and "not human." He announced his intention to use Jim Goad's writings against him in court (AP Wire service). Goad was arrested and tossed into a cage on May 31st 1998.

Six months later, Jim Goad remains in that cage. In this time, charges against the "controversial" author of Redneck Manifesto (Simon & Schuster 1997) and publisher of the zine Answer Me!, have been shuffled and reshuffled while his bail has been steadily jacked up to its current sum of ... $760,000! He faces 25 YEARS in maximum security prison.

IT IS DIFFICULT to say what Jim Goad could have done to deserve this, given the facts surrounding the incident described above. Even the prosecutor, Mr. Underhill, has demonstrated a marked inability to decide which crimes he wants to accuse Goad of committing. So far, this persecutor has made two trips to his "Grand Jury" to fashion a bizarre array of kidnapping and assualt charges.

Using the naked "administrative" powers entrusted to him by the People of Oregon, Underhill has jammed his prey into a cell too small for a veal calf, where Jim Goad is forced to spend 22 HOURS A DAY awaiting the chance to prove what the law says is PRESUMED: that he is INNOCENT.

From the beginning, Underhill's announcement he intends to use the defendant's writings against him at a "trial" revealed not only his contempt for freedom of speech and a colossal ignorance of the rules of evidence -- it revealed just how light he is in the proof department. Other than Goad's publishing efforts from years ago he has only Sky Ryan's confusing and admittedly vindictive accusations as "evidence."

The persecutor has already made good on his threat to use Jim Goad's writings against him to cause him harm. At Jim's bail reduction hearing, Underhill used ANSWER ME! #4 (the "rape" issue) to change the mind of a key witness: The sheriff in whose hands Jim's freedom lay. The sheriff said he had intended to recommend Goad be set free -- as is standard for a defendant who has no prior ciminal history, whose guilt is in serious doubt, and who poses no flight risk. But, the sheriff told the Court, after reading the materials selected and provided to him by the persecutor, he now agreed with Underhill that Jim Goad should never see the light of day.

There was no other testimony against Jim Goad that day.

Jim's lackluster (court-appointed) defense attorney failed to stop this sort of "evidence' but did mention Jim's utter lack of criminal record. To this, persecutor Underhill screeched his refusal to believe such a thing was possible! Even though his own Pig Brother database revealed no such record, Underhill fairly stamped his feet as he protested that he just "knew" it couldnt' be so. To back up his bullshit claim, the persecutor said he relied on something he had read in the first issue of ANSWER ME! published in 1994.

Thus, Jim Goad's right to reasonable bail, was denied.

-------------

It's not easy to get Underhill to elaborate on any of his viewpoints, however. With very few exceptions, the prosecuting attorney and PUBLIC SERVANT refuses to provide any information about the case to journalists, including a query from a reporter at the National Law Journal, whom he refused to provide a copy of either of the indictments he has obtained against Jim Goad.

I myself spent a whole day trying to obtain a copy of this supposedly public document and found it impossible. The police report is even less available. A trip to the cop shop to ask about Jim Goad's case and to see the report will likley result in you're being taken in for questioning. And, no, they will not show you the police report.



ALICE IN WONDERLAND MEETS THE GRAND INQUISITOR
That Rod Underhill is a mentally-ill and vicious man is clear from the way he has gone about bringing charges against Jim Goad. There are many reasons for a prosecutor to ask a Grand Jury for an indictment -- all of them political. But it is a rare prosecutor who needs to play the Grand Jury game twice. It's all the more odd that Underhill made two trips to the Grand Jury in the absence of any new evidence or other change in the known facts of the case.

But, of course, Grand Jury proceedings are held in secret, where ALL of the "evidence" is presented by the prosecutor, where the target has no right to appear, let alone confront any of the witnesses the prosecution brings (and who have no fifth amendment rights to refuse to testify ...) Had Underhill used the more common and convenient method of indictment by information, he would have had to cite, under penalty of perjury, his reasons for believing a crime was committed and that is was committed by the accused. By getting his Grand Jury to issue the indictment, the Grand Jury acts as his scapegoat should anything go wrong for Mr. Underhill.

Looking at the whole situation, Mr. Underhill's behavior strongly suggests he has serious doubts about the merits of the case he is prosecuting. It seems very likely he has motives for this prosecution at variance with what normal people would consider "justice" and certainly "due process."

His first trip to the Grand Jury got Underhill what he asked for: a string of six misdemeanor assualt charges and one felony count of kidnapping. Months later (as Goad's bail steadily rose, at Underhill's request) this delusional and reckless excuse for a public servant went back to the Grand Jury. This time, he told them to drop five of the six assault charges he had originally sworn to them were authentic crimes worthy of prosecution. They did as they were told.

The remaining charge, he instructed them, should be transformed into a *felony* assualt charge and one allied count of felony "attempted" assault. He also added on the vague misdemeanor charge of "menacing."

As for his already shaky "kidnapping" charge, persecutor Underhill asked his Grand Jury to close their eyes and imagine ... imagine a land where a single action can be two or more actions. Sufficiently mesmerized (or confused) by Underhill's legal "thinking" the Grand Jury did as they were told.

Just like that, a single alleged "crime", which Underhill himself had for so long believed was only one kidnapping, became TWO kidnappings. These new charges more than tripled Jim Goad's potential sentence, while the five assault charges he originally faced, presumably melted away into the fog of Underhill's brain.

So far, newspaper accounts by lazy and sycophantic "journalists" have parroted the prosecutor and smeared Jim Goad; blithely accusing him of "publishing a magazine that advocates rape and violence against women." [The Oregonian]

Stories like that show a reckless disregard for the truth in the matter of a criminal defendant's ability to obtain justice. Whether through negligence or malice, this lack of even rudimentary investigating and reporting have defamed an innocent man and jeopardized his life and liberty. They have shown no sign of even a cursory look at the accused's side of things, although the accused suffers mightily and has the least access to any publicity.

For example, no media has reported Jim Goad's restraining order against Sky Ryan. They do not report her violations of that restraining order or Jim's reluctance to press charges each time she violated it. In hindsight, he was merciful to a woman who would later be as merciless toward him as anyone could imagine.

While "journalists" seem to get real pleasure from kicking a man when he's down and attacking Jim Goad's character, none of them bother to mention or even look into the documented and verifiable character of his accusor, persecutor Underhill's "star witness," Sky Ryan. Sky Ryan has been institutionalized four times in her young life (she is 21 or 22 years old). She is a demonstrable liar and has a documented history of violence throughout her life and even very recently. This spring, after being dumped by Jim Goad, Sky Ryan attacked a perceived rival by bashing her in the head with an axe handle.

But don't take my word for it. Take hers! She is quite proud of her actions. She is proud of lies she has told government agencies to wheedle money from them. She is proud of the injuries she has inflicted on Jim Goad all throughout their rather tawdry relationship. Goad has a lurid, welted bite mark on his elbow Sky Ryan teeth made. He has another on his chest that a police officer described as "the worst human bite he has ever seen." Sky Ryan is a woman who gets off on chomping fair-sized chunks of flesh out of other people.

The media's failure to report material facts and to distort what little they gain from the prosecutor's office exposes them as nothing more than butt-boys for Rod Underhill, whose word they do not ever question. Yet there are some serious questions that WILL BE addressed at trial, or, God-willing, before that.

Mr. Underhill's sputterings nothwithstanding, he should know there is such a thing as "abuse of process" and "malicious prosecution." A person who knowingly prosecutes without probable cause, sufficient information, or for the wrong reasons cannot long hide behind any supposed governmental immunity.

Just because Mr. Underhill works for the prosecutor's office does not permit him to intentionally inflict suffering on someone -- even if he does consider him "vile." Underhill's comment that Jim Goad, criminal defendant, is "not human" calls into question his mental fitness to practice law in any capacity. A prosecutor is supposed to enforce laws against *people* he has good reason to believe are guilty and he has no warrant to prosecute non-humans at all!

Even if Underhill succeeds in getting the Grand Jury to take the heat for the spurious indictment, he still has got problems.

His first is his deliberate denial of the accused right to reasonable bail. Nothing suggests Jim Goad is a flight risk, and that -- according to the US Supreme Court -- is the primary and overriding purpose of bail. Neither is there reason to believe jim Goad is a threat to the community or any single person, which -- the same Court has said -- may be considered as a secondary but lesser goal of bail.

His second possible crime is the prosecution itself. I wonder if the man has any grasp of the concept of innocent until the state (represented by Underhill) proves beyond reasonable doubt, the accused's guilt for a specific crime. Mr. Underhill has already demonstrated a profound confusion as to what "crimes" his prey is alleged to have done. Indeed, I wonder if Mr. Underhill knows what a "crime" really is, since it appears he believes Jim Goad should be buried alive in Living Hell for having "a bad attitude."

That's not a crime, Jack.

As prosecutor, Underhill's only client is JUSTICE. He has a duty to serve justice and justice only. If he isn't doing that, then the people have every right to call his ass out on this and demand that he conform to the law or face the consequences. If he is prosecuting Jim Goad because he personally dislikes the defendant, the defendant's political opinions, his writings or any other exercise of constitutionally protected activities, then he has overstepped his bounds and is unlawfully prosecuting a citizen. THAT is a crime.

Please note:

"A malicious prosecution embodies an intent to institute a prosecution for a prupose other than "bringing a defendant to justice." 164 So. 2d 745, 750. it includes any prosecution "undertaken from improper or wronglful motives or [in] reckless disregared of the rights [of the defendant]" 461 P. 2d 557, 559."

One improper motive for prosecution courts all recognize is vindictiveness. It is clear that this is Sky Ryan's motive so she may have the chance to share in the penalty Mr. Underhill will face if he persists in carrying out the violation of a citizen's civil rights under color of law.

One test used by courts to determine vindictiveness is to see whether charges or penalties have been jacked up after proceedings have begun. Well, old Underhill has passed this test already.

Pervert prosecutor Rod Underhill's next crime is his reckless disregard for the tenets of American jurisprudence by splitting a single charge into two or more charges. That's illegal, plain and simple. This sort of bullshit is 1) a violation of the 5th amendment's protection against double jeopardy and 2) a specific violation of law known as "variance."

I invite the persecutor to familiarize himself with these concepts, their illegality and potential penalties -- as he may well need to defend himself against such charges in the future. Perhaps this menace to society will even get bail!

------------

Underhill's nazi-like tactics have deprived an innocent man of his freedom, contact with friends, means of livlihood, subjected him to a criminal prosecution and threat of what amounts to life in prison. By locking Jim up, Underhill was able to immediately silence him in every way. It was months before some of us found out he was in trouble, let alone how much trouble. The true kidnapping is on the head of Rod Underhill, who knows full well the effects of his actions, and how caging an accused man demoralizes him and prevents the preparation of a meaningful defense.

Jim Goad is permitted just five hours a week in the jail's law library, which is wholly insufficient even if Jim were a lawyer. When I tried to send him loose pages from a basic outline of Criminal Procedure it was returned to me, stamped "Contents Unacceptable." The jail catagorically refuses any prisoner to receive any book at all.

Alone and penniless, Jim Goad was thrust into the mitts of a don't-give-a-shit public pretender, which had the predictable effect of terrorizing him into waiving rights and otherwise coercing him to submit to a less than "vigorous" defense.

It is reprehensible that anyone would use ANSWER ME! #4 against Jim Goad. This particular issue was the subject of a well-known trial in which Bellingham, WA prosecutors failed to convict two booksellers of violating "obscentity" laws by even displaying the issue. Instead, the jerks exposed Whatcom county to a lawsuit resulting in a $1.29 million judgement in a subsequent lawsuit. So, a court in the same federal circuit as Portland, OR has already considered this matter and determined it could not be the basis of a criminal prosecution.

(Maybe Mr. underhill secretly hates the city of Portland and wants nothing more than to make a millionaire out of Jim Goad when he is acquitted at trial and takes the city to court for compensation.)

---------------

This malicious prosecution has been torturing Jim Goad for more than six months. It has taken a visible toll on him, his friends, and other people who love and admire him. The only people who want Jim Goad sealed in a drum are Rod Underhill and Sky Ryan. Jim's former wife, Debbie, does not want him in jail. She says she would like to have him around during these last few months of her life as she suffers through chemotherapy (again!) to treat the ovarian cancer that has come back to kill her.

But Jim Goad is not afraid of lying pukes like Underhill and Ryan. Nor is Jim Goad alone anymore. he already seems better; limbering up to open up a large can of industrial strength Whoop-Ass. Thanks to the help of a few of his friends, (notably Adam Parfrey of Feral House publishing), Jim now has a competent lawyer, who is dedicated to obtaining justice for her client.

But being in the right and having a "good lawyer" is not always enough. No one who survives a bullshit prosecution can ever really "win" and even when it's "over" the ordeal continues. The sad truth is that Jim Goad's battle will continue long after he is acquitted at trial.

But first things first:

Jim Goad needs your support -- in any way you can give it. Although even one dollar can help, money is not the main thing he needs. More important than money is your voice and your actions.

Now is the time to speak up for a persecuted man, to put the tyrant on notice that we will be watching his every step and if he continues to sneer at our rights, to violate his oath and the laws of our land HE WILL BE HELD ACCOUNTABLE.

Now is the time to tell Jim Goad you are with him; that his battle is your battle, too. So, send him a letter! Anyone who's ever been held captive knows how much a letter means and the strength and hope it gives.

Pray for Jim Goad!

Call up the prosecutor, the mayor, the governor, each state rep and senator (names and info to follow) and let them know you CARE about Jim Goad; you CARE about Justice. Jim Goad is not alone and neither he nor his persecutors should ever forget that. Let's help keep our man strong for the coming battle with a truly evil (and well-armed) force, an evil person who takes joy and money from the suffering he inflicts upon humans -- guilty and innocent.

Jim Goad suffers minute-by-minute torture, even as you read this. And he is INNOCENT. That much will be proven at trial IF the prosecutor is held to the law and to his burden of proof and is no longer permitted to violate Jim's rights. Deprived of lies and slander, Underheill will be forced to rely on only factual and relevant information for his "proof." That ensures he will lose and we'll soon see a petty tyrant who has met his match and -- if he is lucky -- will only lose his license to practice "law" and not go to prison to hobnob with his former victims.

Trial is set for January 18th in Portland, OR. Please don't wait to show your support. Do it now, today! If you have any questions, please direct them to me and I will do my best to answer them in frequent updates on this situation.

If you like, you may send me your name and I will append it to this letter or another modified letter of protest as an official protest. This kind of action has sprung people from jail before and it can do it again.

Jim Goad's address:

See below....

Please do not send books, porno, drugs, weapons, live creatures, or anything else a typical prison guard may not understand. Like the law texts I sent.

UPDATE
reprinted with permission from the generous folks at Brilliancy Prize Productions. The original article can be found at: [Click, Dick]

Jim decided it wasn't worth risking a 25 year prison term and plea bargained for 22 months(due out Oct 2000) with possible time off for good behavior. He's been writing while in the Portland(Multnomah county) jail, and the last I talked to him he was nearly finished with a book about his ordeal. He accepted the prison term also realizing that as writer he could still accomplish something while locked up.

He is limited to only accepting letters, up to 10 pages. No tape or stickers allowed on envelope.

No magazines, books(only directly from the publisher) or newspapers. But you can photo-copy pages from these, and send him up to 10 pages at a time.

No packages of any kind

He is particularly interested in "Jim Goad bashing" perpetrated by his ex wife Debbie and ex girlfiend, Sky(the one who got him into this mess). Debbie has posted several things on the Alt.zine newsgroup. The two ex's have joined forces in a "we want Jim Goad dead" campaign.

James T. Goad
12800236
Santiam Correctional Institution
4005 Aumsville Hwy Southeast
Salem OR 97301-9112