The German Court vs. Carlos Porter

Lower District Court, Munich
Division for Criminal Cases and Fines
Reference no.: (please indicate in all correspondence!)
8430 Cs 112 Js 11637/96
x/ Marked as applicable
80097 Munich 27.02.1997
Justizgebauede Nymphenburger Strasse 16
Room
Telephone (0 89) 55 97-4353
[deletions] Fax: (0 89) 5597 4428 (Criminal Court)

Lower District Court, 80097 Munich

Mr. Carlos Whitlock PORTER
Niveze Bas, no. 112,
B-4845 Sart-Lez-Spa/Belgium

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:

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 to defend 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 obeyed, even 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, or to produce further evidentiary material, stating any facts with regards to which any evidence is to be adduced. You may also bring any witnesses and experts 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 out of your own funds, you may apply for an indemnity for travel costs, and file it with the above mentioned court, or, in urgent cases, with the Lower District Court 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 lawyer is hereby rejected.

GROUNDS

The prerequisites of section 140 paragraph 1 StPO are not present. Neither is the defendant accused of a felony, nor has he been confined in prison for 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 required due to the “severity of the offence”, nor the “complexity of the technical and legal situation”. Nor is it apparent that the defendant is incapable of 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

The defendant disputed the court's jurisdiction in a letter dated March 10, 1997, and refused to appear. The “trial” was held in absentia on March 25, 1997. Here is his letter:

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 every single one of my defence witnesses and experts is either currently in prison, or is a fugitive from justice, for the “crime” of expressing their internationally recognized freedom of expression, and when every one of their expert opinions and books have, without exception, been banned, confiscated and burnt.
6. I demand all documents in English according with article 6, section A-C of the European Human Rights Convention.
7. I demand an indictment based on facts, not opinions and conclusions, so that I 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 of the sentences quoted against me, as well as in any other sentence which may be quoted against me, so that I can know exactly what is being alleged against me in order to enable me to prepare my defence.
9. I demand to be supplied with all documents, evidence, and a list of all witnesses upon 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 your possession.
13. I refuse to accept any burden of proof in this matter whatsoever. The burden of proof is on you, not me.
14. I am not familiar with the legal systems of Third World dictatorships.

Faithfully,

Carlos Porter