Casey Nethercott and Hank Conner Remain Subject To Habeas Corpus under Charges of Assault
On Monday, 31 March 2003, Joseph Dale Robertson of Pinehurst, Texas and Project Manager of the Center for Preservation of Habeas Corpus, acting in furtherance of the mission of the Institute for Habeas Corpus, filed two separate "Request for Leave to File" two Applications for the Most Extraordinary Writ of Habeas Corpus in the 229th Judicial District Court of Jim Hogg County, Texas. Robertson's request with the Applications appended thereto and lodged with the clerk are of public record in the State District Clerks Office in Jim Hogg County, Texas.
The two individuals named in the Applications are Henry M. (Hank) Conner and Casey James (Casey) Nethercott. Both men are Ranch Rescue volunteers. Both men were arrested and jailed on 18 March 03 after allegations of assault were filed against them.
Intending to raise a question as to the propriety of the restraint upon the liberty of both Nethercott and Conner, Robertson requested the court to grant leave to file applications for habeas corpus. The court refused to grant Robertson leave of court to file either of the applications. The Jim Hogg County District Attorney said that the Texas statute permitting "any person" to file an application for habeas corpus did not apply to Robertson.
Contrary to the District Attorney's views as to the definition of "any person", Robertson has filed numerous applications for habeas corpus for nearly three decades all over the state of Texas and elsewhere. The matter now proceeds on Motion for Rehearing before the 229 District Court. The matter is also going to be Appealed to the 4th Supreme Judicial District Court of Appeals in San Antonio, Texas.
In the meantime, and after Hank Conner was indicted for assault, Conner's family has successfully negotiated his bail to be reduced from $80,000. The bail was raised and Conner is now released but remains in "Constructive Custody" for purposes of habeas corpus pursuant to Texas law but is released from actual custody on bail. Nethercott remains in jail with no charges and no indictment but on bail set at $80,000 at the conclusion of business on Friday, 4 April 03.
See the true copies of both Applications for the Most Extraordinary Writ of Habeas Corpus here.
For a complete break down on the events that led up to the arrests see the following:
Texas sheriff warns of unidentified troops
Believes armed men in fatigues spotted within country are foreign
WorldNetDaily - March 17, 2003
COMING TO AMERICA
Ranch defenders arrested on accusation by illegals
Witnesses say Salvadorans brought false charges after being treated with care
WorldNetDaily - March 20, 2003
COMING TO AMERICA
Border group members
face felony charges
'Ranch Rescue' says accusations bogus, were just patting down illegals
WorldNetDaily - March 21, 2003
Eliminating fear and loathing on the border
WorldNetDaily - March 28, 2003