Hollis Wayne Fincher: Man of Integrity vs The Feds
By Loretta Weston, editor of American Family Voice news
On November 20, 2006, Hollis Wayne Fincher was led into the U.S. District Court in Ft. Smith, Arkansas for indictment with 11 other prisoners, six of whom were fairly young illegal Mexicans. Finding ourselves on a fact-finding mission above and beyond our expectations, the Fincher family and friends took note of how the court’s (Magistrate Beverly Stites-Jones – known to attorneys as a “hard ass”) treatment of real criminals differed from someone with no criminal history who has been labeled a “threat” to ATF agents and the court.
With only 1 alien able to understand English, tax dollars paid for an interpreter for the remainder, of whom 5 were accused of meth drug charges and the lone female of identity theft. It was this writer’s understanding that the judge released them “believing” they would return for their court date on their own accord. No local media was present.
In distinct contrast, 60-year-old Fincher has remained in Sebastian County jail since his arrest the morning of Nov. 8, 2006 during a raid involving federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF ) and FBI and assisted by Washington County Sheriff's Office, Fayetteville Police Department, Springdale Police Department, Arkansas State Police, Arkansas State Bomb Squad and the Madison County Sheriff's Department.
Among the court’s requirements to let Fincher out on bond included handing over to the court the deed to his 120 acre farm, which has been in the Fincher family for several generations and recent value estimated at $1 million. Fincher wisely declined the judge’s offer while friends and family gather information/documents to determine if the real reason for his arrest is coincidentally connected to a county ordinance that was pushed through the following night under “emergency” after fellow objecting landowner, Don Bright was physically removed from the Quorum Court proceedings.
While many folks speculate that the Fincher case is all about the militia, during the arraignment of Fincher on Nov. 13th, ATF Senior Special Agent Wade Vittitow stated under oath that Fincher’s arrest was “not about the militia”.
Despite the numerous times both the ATF agent and the judge “recognized” Fincher’s free speech rights, ultimately the judge based her ruling on a secret recording made by an ATF plant during a regular weekly militia meeting where the ATF plant had made a leading statement that the judges should be awakened in the night with a gun barrel in their mouth. Fincher’s response was (paraphrased), “Be careful what you say. This building might be bugged.” Although not actually stated, the mind-reading Magistrate Beverly Stites-Jones determined that Fincher agreed with the statement and further stated, “that’s what he’s thinking right now.” Continuing her rant, she said, “I have a fear” and “do they intend to follow through?”
Notice she said “they”, not “he”, a tiny slip of the lip that refers to the militia group the court AND ATF agent had already stated (under oath) was “not about the militia”.
Law of the Courtroom
Displayed in the courtroom of Magistrate Beverly Stites-Jones on both occasions was an Admiralty flag (gold-fringed). A Google search by anyone will produce documentation that the Admiralty flag’s original purpose/location is for on board ships sailing the high seas where the Captain of that ship is the law.
During the War Between the States, President Lincoln declared Martial Law, which most folks understand “temporarily” replaces our U.S. Constitution in times of “emergency”. However, what most folks do not know is that Lincoln’s Martial Law has never been rescinded and this country has remained under “emergency” thereafter through such labels as the War on Poverty, the War on Drugs, the War on Terror, etc. That is why instead of seeing Old Glory displayed in most courtrooms (federal to quorum), city halls, public schools and many groups and clubs, even churches, the gold-fringed flag has replaced it, thereby providing the loophole for disregarding our Constitution.
Does the presence of the Admiralty flag in the U.S. District Court of Sebastian County explain why the U.S. Constitution is held to only when it suits the purpose of the presiding judge? Can this military flag be the source of the power for even Supreme Court justices to legislate from the bench in direct opposition to our constitution?
Realized by all who have read “The Silver Bullet” produced by the Washington County Militia, Hollis Wayne Fincher, as the Lt. Commander, was within his rights, as stated in both the Arkansas State Constitution and the U.S. Constitution. Charged with possession of a machine gun under Title 18, USC, section 922 (o), the following is Don Bright’s explanation using the U.S. Code and Article XI of the 1874 Constitution of the State of Arkansas, Sections 1-4:
“By the repeated declarations and legal registrations of the Militia of Washington County, it is well documented that Wayne possessed his Browning M1919, .308 caliber arm under the authority of the Militia clause of the Arkansas Constitution (Article 11) and since no local, State, or Federal authority disputed the Militia of Washington County's right to exist in any timely manner, they agreed by default, to the Militia's right to exist and be armed and officered as a military unit of volunteers. As Lt. Commander of the Militia of Washington County, Arkansas it would not be unusual for a fully automatic weapon to be in Wayne's personal possession, at his residence. This would be very much in line with the Swiss and Israeli mode of operation and in accordance with the ideas of the Founding Fathers for defense of this Nation and its several States.
“In short, the BATFE's argument is with the 1874 Constitution of the State of Arkansas and its Militia Clause (Article 11) and not with Wayne Fincher. The BATFE needs to prove that the MOWCA's understanding of Article 11 of said Constitution is flawed and that the framers of the 1874 Constitution did not have common military arms in mind when they authored, and the people of the State of Arkansas approved of the 1874 Constitution as written.
“I don't believe they have a case.”
Fort Smith Attorney Oscar Stilley taking Fincher case
It’s official. Long time attorney Oscar Stilley of Ft. Smith, Ark. has taken on the Hollis Wayne Fincher case at the rejoicing of those who know both Stilley and Fincher. Trial is currently set for Monday, January 8, 2007 in Fayetteville.
Some of what Stilley must overcome is manipulation of public opinion by mainstream news, such as the coincidental back to back airing by Ft. Smith/Fayetteville Channel 5 of two reports involving raids for illegal firearms. The first showed a building that appeared to be in a town where a number of firearms, ammo and hand grenades were found followed immediately by the black ATF agent’s statement about the arrest of Hollis Wayne Fincher.
Already alerted by a caller connecting the hand grenades to Fincher, I quickly realized the intended message was to make the viewers believe Fincher was tied to the discovery of the grenades, which took place in Johnson, Arkansas, not Fayetteville where Fincher resides. Their efforts were at least somewhat successful. At least 3 people who saw the news mentioned the grenades to me in connection with Fincher.
Hollis Wayne Fincher Defense Fund
Solid Christian, patriotic, hard working folks describes the Fincher family, but they are not wealthy. Wayne is fighting not just for himself or the militia, but for all of us; you and me. If he loses, any one reading this could be next. So please give to his defense fund whatever you can afford .
All donation checks/money orders should be made payable to: The Wayne Fincher Defense Fund; and mailed to: Don Bright, 2225 Mockingbird Lane, Fayetteville, AR 72703. Receipts are available at request.
Please mail ONLY letters, holiday cards or postcards to: Hollis Wayne Fincher, c/o Sebastian Co. Jail, 801 S. A Street, Fort Smith, AR 72901
Also, please send postcards, letters and faxes to Rep. John Boozman with this message: FREE FINCHER !
Washington D.C. Office: 1519 Longworth HOB, Washington, DC 20515, Phone: (202) 225-4301, Fax: (202) 225-5713 -- to email: http://www.house.gov/writerep/ -- other Boozman offices: Lowell Office: 213 W. Monroe, Suite K, Lowell, AR 72745, Phone: (479) 725-0400, Fax: (479) 725-0408 -- Fort Smith Office: 4943 Old Greenwood Road Suite 1, Fort Smith, AR 72903 Phone: (479) 782-7787, Fax: (479) 783-7662 – Harrison Office: Region's Plaza, 303 North Main Street Suite 102, Harrison, Arkansas 72601 Phone: (870) 741-6900, Fax: (870) 741-7741
Other ways to help upcoming are signs, stickers and flyers, etc. For details prior to next AFV issue, please call Don Bright 479-251-9639 (email: naclk9s@cox.net) or Joe and Barbara McCutchen 479-646-8261.
Above all, please lift up the Fincher family and their attorney, Oscar Stilley, in prayer as you celebrate this festive Christmas season.
[Editor’s note: I encourage readers to send comments & letters to the editor to POB or email on AFV cover with your thoughts on the Fincher case for publication. Be sure to include your city & state with your name.]
American Family Voice news, P. O. Box 127, Russellville, AR 72811; Phone: 479-880-2026; Email: americanfamilyvoice@yahoo.com --Subscriptions: $25/yr.