The German Court vs.
Carlos W. Porter

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
Niveze Bas, no. 112,
B-4845 Sart-Lez-Spa/Belgium
x/ Marked as applicable
8-097 Munich 27.02.1997
Justizgebauede 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 todefend 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 obeyedeven 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, orto produce further evidentiary material, stating any facts with regards towhich any evidence is to be adduced. You may also bring any witnesses andexperts 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 outof your own funds, you may apply for an indemnity for travel costs, and fileit with the above mentioned court, or, in urgent cases, with the Lower DistrictCourt 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 lawyeris hereby rejected.

GROUNDS

The prerequisites of section 140 paragraph 1 StPO are not present. Neitheris the defendant accused of a felony, nor has he been confined in prisonfor 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 requireddue to the "severity of the offence", nor the "complexity of the technicaland legal situation". Nor is it apparent that the defendant is incapableof 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 datedMarch 10 1997, and refused to appear. The "trial" was held in absentia onMarch 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:

  1. I do not recognize your jurisdiction.
  2. I do not recognize the legality of your order of punishment.
  3. I do not recognize the legality of your subpoena.
  4. I do not recognize the legality of your laws curtailing freedom of speech,freedom of the press, freedom of opinion, and freedom of expression.
  5. I do not recognize the legality of being asked to produce evidence when everysingle one of my defence witnesses and experts is either currently in prison,or is a fugitive from justice, for the "crime" of expressing theirinternationally recognized freedom of expression, and when every one of theirexpert opinions and books, have, without exception, been banned, confiscatedand burnt.
  6. I demand all documents in English according with article 6, section A-C ofthe European Human Rights Convention.
  7. I demand an indictment based on facts, not opinions and conclusions, so thatI may know the exact nature of the charges against me.
  8. 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 ofthe sentences quoted against me, as well as in any other sentence which maybe quoted against me, so that I can know exactly what is being alleged againstme in order to enable me to prepare my defence.
  9. I demand to be supplied with all documents, evidence, and a list of all witnessesupon which/whom you intend to rely in proving your case.
  10. I demand a continuance of the trial date so that I can study German law.I do not speak correct German.
  11. I demand to appeal your decision to deny me a lawyer.
  12. I demand to be supplied with any and all exculpatory evidence in yourpossession.
  13. I refuse to accept any burden of proof in this matter whatsoever. The burdenof proof is on you, not me.
  14. I am not familiar with the legal systems of Third World dictatorships.

Faithfully,

Carlos Porter

 

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