For more on Robert’s story see the posts here.
Hi Friends,
I am sending this email to ask for your continued support for Rob. He has been incarcerated since November 1, 2013 and awaits patiently for his release. He choose not to appeal the Habeas as he felt this was not worth the effort. It has been since Feb. 20 that his Habeas Corpus was denied for not rebutting the “person”. All of you who know Rob, know that this is all he has done since the day he was taken into custody. He has NEVER consented to anything.He has had no communication from South Carolina or the courts. His judicial case search states closed/inactive. He feels the only thing to do now is to wait it out. Well that may be so for him on the inside, but his family will not just lay back now and do nothing.. and we don’t believe you as his loving friends will either..Rob has soooo much to contribute to humanity..and he could really use your voice!! So what do ya say we all get him the heck out of there by raising the awareness and letting them hear our Voices!!
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Boonsboro man fighting extradition to South Carolina denied petition for writ of habeas corpus
Posted: Monday, March 3, 2014 10:35 pm | Updated: 10:40 pm, Mon Mar 3, 2014.
A Boonsboro man’s efforts to avoid extradition to South Carolina to face charges of falsely asserting authority of law and criminal conspiracy hit another setback last month, when a Washington County Circuit Court judge denied his petition for a writ of habeas corpus.
Robert Michael Marques, 38, of Mill Point Road, Boonsboro, has been in custody on a fugitive warrant at the Washington County Detention Center since November, according to Washington County District Court records.
In November, a grand jury in Lexington County, South Carolina, indicted Marques, charging him with falsely asserting the authority of law by using a “sham legal process” in an attempt to hinder an employee of that state’s Department of Revenue from performing official duties.
Marques did so by sending documents from “The Chair of St. Peter — The One Supreme Court Office of the Postmaster General Divine Province,” according to the indictment.
The second count of the indictment accused him of participating in a conspiracy to hinder a state employee from performing those duties.
The warrant from South Carolina stated that Marques on three dates in September 2013, used documents to “create the belief they are writs of habeas corpus demanding the release” of another man being held in Lexington County.
A writ of habeas corpus is an order to bring a detained person before a court to determine if they are being held legally.
The warrant did not specify why Marques was attempting to get the man released.
On Feb. 19, Marques appeared before Circuit Judge M. Kenneth Long Jr. for a hearing on his own petition for a writ of habeas corpus.
Representing himself, Marques argued at the hearing that South Carolina had no jurisdiction over him in that it was a “municipal corporation,” rather than a republican form of government. He wrote in court filings that the state needed to “provide evidence of a binding contract” with Marques and evidence that he breached the contract.
In court filings, Marques asserted that he “is not property of the State of South Carolina or the State of Maryland,” leading to his being deprived of his rights and liberties.
In his answer to that petition, Washington County State’s Attorney Charles P. Strong wrote that Marques did not waive extradition, and that South Carolina issued a governor’s warrant of rendition, which is a warrant from one jurisdiction to another requesting extradition.
Marques was brought before a district court judge and advised of his rights, and has provided no legal justification for not complying with the extradition law, according to Strong.
Long denied Marques’ petition the day after his hearing, stating in his order that he had reviewed the South Carolina governor’s warrant and found “that the law regarding extradition is constitutional,” and that Marques “failed to rebut the presumption that he is the person wanted by South Carolina.”
Under Maryland law, a person held on a fugitive warrant can waive extradition, essentially consenting to be returned to the state where he or she is wanted. However, a person does have a right to challenge the legality of the arrest and have a hearing, according to the law.
If the writ of habeas corpus is denied, a person can appeal that decision to Maryland’s Court of Special Appeals, according to Maryland law.
Marques was still being held as of Monday afternoon.
Don Aines is a reporter for The Herald-Mail. He can be reached via email at [email protected].
Reporters email address: [email protected]
again no return address and just your first name and state.ALSO ~ please feel free to send Rob a postcard to say hello. It gets pretty lonely in there.or….. to set up a visit: go to ~http://vidvisit.washco-md.net/app He is “allowed” 2 visits per week and there is a 24 hour notice after you sign up before you can get an appointment. He would enjoy visitors.With much peace, love, light and gratitude,
The Marques Family
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