Clampitt4Senate.com

SO, WHO STOLE MY LAND?

Was it the Plaintiffs, Marilynn and Jim Geurin, who brought a frivolous lawsuit against me and knew it was frivolous when filed? Was it their attorneys in Hot Springs, Arkansas, THE FARRAR FIRM, who accepted and filed the plaintiffs' lawsuit to Quiet Title knowing it was frivolous when filed and, as was proved at trial, two attorneys in the law firm fabricated a false claim of nuisance, on behalf of the plaintiffs, and falsely claimed in a letter that the firm was representing named neighbors. In testimony at trial, the neighbors denied the representation.

Was it the judge, who never had subject matter jurisdiction, but contrary to Arkansas Law, refused to dismiss the case? A retired judge was assigned to the case, and being retired, did not have to answer to the voters or anyone else.

Was it just that the "good old boy" system is the rule of law in Arkansas? It appears that facts and the law are not as important.

The Trial Court, Honorable Robin L. Mays, from Little Rock, Arkansas, the Retired Circuit Court Judge, was appointed to this case after all of the Circuit Court Judges in Hot Springs, Arkansas, recused themselves from not wanting to take this case.

I would put my home on the lake up for sale, but who would want prime lakefront property where 839 square feet within the boundaries now belong to a neighbor, and where I still have to pay taxes on all of the original lot. The court made a finding in the Decree, "Clearly, defendant is the record owner of Lot 13." The court also acknowledged that the lawsuit was frivolous, in stating that the "plaintiffs do not seriously contend" that they are the owners of part of Lot 13.

The Court then awarded part of my land to the plaintiffs, not the part they were asking for, but another part. The court said that it was supposedly by previous agreement, but such an agreement would be in violation of Covenant No.9 of the Bill of Assurance for the subdivision, if there had been such an agreement between two neighbors as the court ruled.

It was more fabrication by the Judge, just as the Judge stated in the Decree, that "many neighbors" had testified as to my "antagonistic behavior," when there was no such testimony. The Geurins plan to fence in the 839 square feet, which was awarded to them by Judge Mays, and I will have only 6.5 feet on the ground for access to my home or I will have to enter and exit by boat. This is a common case of judges gone wild, apparently from the "good old boy" system being the rule of law in Arkansas. If the citizens of Illinois think they have problems with the "good old boy" system, they have not been to Arkansas.

On February 26, 2009, at 6:00 P.M., I was served with a Court Order to remove from my property (an area not near the 839 square feet) and to not place anywhere else on my property, some metal which I have always referred to as "yard art," and that I have ten days from the service of the Order to remove it or an Order of Arrest will issue and I will be jailed until such time as I remove it from my property.

The yard art is protected under the First Amendment to the Arkansas and United States Constitutions, and as proved at trial, it cannot even be seen from anyone's home or the cul de sac. It measures 22 inches high, 41 inches wide, and 10 feet long. Judge Mays is aware of this fact, because over my objections, she personally went to my property and independently investigated this case, in violation of Arkansas Code of Judicial Conduct.

I refuse to give up my rights under the ARKANSAS and UNITED STATES CONSTITUTIONS, so I have accepted that I will be jailed and will remain in jail permanently.

Therefore, I need to find a new home for my beloved, gentle, quiet, friendly and loving, beautiful black LABRADOR retriever. He weighs 92 lbs, is very healthy and is protective of me.

The vet thinks that he just turned ten years old. We are not sure, since he was rescued from animal services three years ago. He loves to run, plays like a puppy, but he enjoys his long naps in the sun. It is obvious that he has never been abused and had somehow been separated from a loving home. If you are interested in adopting Beau, please contact me through my website, www.clampitt4senate.com.

I have kept my website after being a Republican Candidate for the U.S. Senate in 2004, thinking that I may run again, since I only had six weeks before the primary, but not now.

I had jumped into the race on a Tuesday, the last day to file, after U.S. Senator Blanche Lincoln had voted on the previous Thursday, against the Lacy/Conner Bill protecting the rights of an unborn child. Arkansas already had law protecting the rights of an unborn child.

I received 6,078 votes, so people were listening, but I had to run the campaign myself, except for help from my wonderful webmaster who created my website, and I just could not get out there enough in six weeks. My campaign cost $20,000, including the $10,000 required filing fee, all of which was my own money, but it was something that I am glad that I did, because I felt so strongly about it, just as I feel strongly now about our constitutional rights.

The Geurins were awarded my land from their frivolous lawsuit, which they knew was totally frivolous, and I have learned that the "good old boy" system is the rule of law in Arkansas. Now, when I am walking my dog on a Sunday, the Geurins wave to me on their way to church. This is not what I learned in church as a Christian teenager in Blytheville, Arkansas.

Someone said that I am being a martyr. If I am a martyr for standing up for our flag, U.S. and Arkansas Constitutions, then would our veterans be martyrs? On March 2, 1945, my father,

Omer Woodrow Clampitt, was killed in action by a sniper on Iwo Jima, for our flag and constitution. My father was not a martyr, our deceased and maimed troops are not martyrs, and I am not a martyr. We all are, or were, American citizens who love our country. Was my father's death in vain? What would he think of his daughter having to go to jail or give up my constitutional right guaranteed by the First Amendment?

I fought for, but was denied constitutional rights by a judge who acknowledged in the Decree that the case against me was frivolous, but who awarded part of my land to the plaintiffs; who ruled contrary to precedent of well settled case law, statutes, and facts; who denied me my rights of Due Process, supposedly guaranteed by the Arkansas and United States Constitutions, including my right to a jury after the proper demand for one was made; who refused to allow a trial on my Cross-Complaint for Ejectment, although it was the same parties with related issues and there was denial of my property rights; who refused to take any adverse action against the plaintiffs and their attorneys for the blatant violation of three Court Orders in Discovery. In Arkansas, the law is clear that the violation of just one Court Order in Discovery is an automatic dismissal.

I agree with friends that the Arkansas Supreme Court should do something about this, but I have no hope, for the Arkansas Court of Appeals could have done something but did not. As the result of an injury, illness, hospitalization, and an accident at Kinkos Printing in Hot Springs, Arkansas, I had to file my Opening Brief and Addendum late.

I served the Geurins and Judge Mays with her courtesy copy, and submitted for filing with the Arkansas Court of Appeals on July 11, 2008, all 17 required copies of the Addendum and the Abstract/Appellant's Brief.

The Arkansas Court of Appeals would not accept the belated filing and my appeal was dismissed. I properly filed a motion for reconsideration on August 5, 2008, with a remedy provided by Arkansas law for human error circumstances. The Court of Appeals denied my motion.

My APPELLANT'S BRIEF reads like a novel by John Grisham, except that there is no fiction here. This is reality, and every bit of it is supported by the ADDENDUM, which is supported by the Certified Record of the Circuit Court Clerk's Transcript on file in the COURT OF APPEALS OF ARKANSAS, as Clampitt, Appellant v Geurin, Respondent, CASE NO. CA 07-780. It is all public record. The Circuit Court Case is Geurin v Clampitt, Case No. CV 2006-117.

When is "too much," just too much? On March 29, 2009, I will be 71 years old. I could never have imagined something like this, that I will be spending this birthday and the rest of my life in jail.

As long as the "good old boy" system is the rule of law in Arkansas, there is no legal integrity, there is no hope in Arkansas, except for a town with that name.

Rosemarie Clampitt

Confidential:

P.O. Box 21414

Hot Springs, AR 71903-1414

clampitt4senate@yahoo.com

Dear Friends:

I was in the GARLAND COUNTY JAIL, Hot Springs, Arkansas, for 29 days. I was released from jail on May 13, 2009, after I realized that I had been stashed in jail in a way to prevent me from perfecting (completing ) the appeal. I had filed the Notice of Appeal on March 20, 2009, and a few days later, the Plaintiffs quickly filed their motion to have me arrested and jailed.

By Court Order, I was arrested and not allowed to post bond, not allowed to have visitors, nothing could be brought to me or left for me, I was not given Miranda Rights, I could not have any phone calls, and I could not get necessities from the Jail Commissary. My mail was opened in front of everyone by a guard, and things such as stamped envelopes (sent to me by friends) were confiscated. The other inmates were very nice to me and made a pen for me, gave me paper, and gave me envelopes. Also, I could not have access to the County Law Library, which was just across the street from the jail.

Although I am 71 years old, I was denied medical care and I left the jail physically ill from having to sleep on the floor in a cold draft the first night I was there. The day after I was released, I was treated with antibiotics after having to wait two and one half hours to see a doctor in convenient care.

On May 14, 2009, the ARKANSAS DEMOCRAT GAZETTE published a very biased article about me, favoring the Plaintiffs who brought the frivolous lawsuit against me. The newspaper falsely claimed that I was unable to be contacted for comment because I had an unlisted telephone number. The fact is, I WAS IN JAIL. The newspaper Reporter and the Deputy Sheriff Capt. who was interviewed both knew it. The article was about me, but I was not interviewed.

Thank You For Your Continued Support

Rosemarie Clampitt

5/19/2009