Showing posts with label Downey Courthouse. Show all posts
Showing posts with label Downey Courthouse. Show all posts

Wednesday, July 24, 2019

Convicted for Doing Nothing Wrong, Sentenced for No Reason, Yet Still Joyful with No Regrets: The Museum of Tolerance

Here is the entire essay that I turned in as part of my sentencing.

I have made no edits, since I stand by what I wrote. I will provide a commentary afterwards:

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My visit to the Museum of Tolerance was quite eventful. I had not visited the Museum in decades, so I am glad I could attend again. I will address specifically each of the sites as directed to attend.

HEAR AND MEET A HOLOCAUST SURVIVOR

Mrs. Gabriella Karin was born in Slovakia, which at the time had been part of Czechoslovakia. An expert in pottery and art today, she shares the pain that she had to deal with when fleeing from Nazis and the Gestapo, and also the joy that in spite of the great, evil plan to eliminate all Jewry in Europe failed, and even helped birth the Jewish State of Israel. One early comment that Mrs. Karin shared was particularly tragic. In 1940, when Nazi Germany occupied Slovakia, the deportation of Slovak Jews was not undertaken by Germans, but by fellow Slovaks! It just makes me sick thinking that countrymen would betray their own.

Karin shared a number of photos of her childhood. She was a precious child with a loving family. In fact, two of the most intriguing aspects of her survival took place in two places, but all in one location, the capital city of Bratislava. First, she stayed at a Catholic boarding school. For three years, she stayed with other girls, saved from being separated from her family. She so missed her mother, however. At one point, her mother did come to comfort her.

From there, Karin stayed in an apartment in another section of Bratislava. This was a really tense location, in part because across the street was located the headquarters for the Gestapo in Slovakia. In spite of such a precarious position, she survived! What made it easier for her to go unnoticed? The contract for any apartment dweller explicitly stated that no Jews could live there. Therefore, the Nazis never searched that property!

When World War II ended, she married at 17 years old and moved to Israel. From Israel, she later moved to the United States, specifically Los Angeles, and she worked as a fashion designer here in the area. Later in life, she discovered the name of the Slovakia benefactor who had helped her escape from the Nazi Holocaust. His name was Karol Blanar, and this man had helped many Jews flee to safety from Nazi-Occupied Slovakia. In a previous talk, Karin told the audience that she had been trying to find Mr. Blanar, but had been unsuccessful. An individual in that audience approached her afterwards and offered to assist in finding this man. Karin found out that Blanar had immigrated to the United States. He settled in Ohio. Unfortunately, he had already passed away. His grave maker was unmarked—Karin raised the money to ensure highest honors for Mr. Blanar!

Mrs. Gabriella Karin and me
Mrs. Karin’s account is special because she honored another Holocaust Survivor, Mr. Bob Geminder from Poland, who fled to the United States when he was five years old.  Sadly, he had passed away earlier this year. What struck me so much about Mrs. Karin above all is that she honored other people, men and women who had helped fellow Jews. It shows great spirit to honor others while recounting the details of one’s life. I also really appreciated that she recognized the 11 million people murdered in the Holocaust, not just Jewish communities—which were the most brutalized.

PARA TODOS LOS NINOS/FOR ALL THE CHILDREN

Along this wall of the higher echelons of the museum, I learned more about the Westminster v. Mendez case, specifically presented by documentarian Sandra Robbie in her film “For All the Children.” The testimonies from Latino activists during and after that celebrated court case were interesting to learn about.

While most people who read history know about Brown v. Board of Education, which struck down the so-called “separate but equal” doctrine which had permitted segregated facilities, especially in education.

Mrs. Robbie’s quote says it all: "So many of us believe that the fight for Civil Rights is a black and white battle … Mendez v. Westminster is the story of people of many colors fighting for American equality right here in Orange County.”

This exhibit I found to be the most disappointing. The fight for the rights of all children, including Hispanic students, should have gotten more attention than this one-wall exhibit had provided. Most Californians have no idea that activists for civil rights helped lead the fight for equal education opportunities for all—and pretty much right in our backyard! Some of the posters and signs along the exhibit point out, sadly, that publication education today has not lived up to the expectations outlined in the Westminster case.

FINDING OUR FAMILIES, FINDING OURSELVES

This was a new and lively exhibit! The narration of different actors and celebrities, including Maya Angelou, as well as Billy Crystal and Carlos Santana, was quite engaging. The story of our forefathers coming from different countries to see the world is a story that all of us should learn. I never realized that Comedian Billy Crystal’s father was into boxing, for example. I learned a little about Crystal’s brother.

One of the exhibit featured the long, arduous, and even invasive process that immigrants had to undergone to enter the United States. The walls had pictured the different doors, exam rooms, etc. which newly-arriving immigrants would go into. The health exams which individual were required to undergo should give us all pause and also a sense of gratitude. Our forefathers endured so much so that we would not have to.

The different stories I learned about, the families who braved many setbacks to come to the United States, reminds me that we need to respect those individuals who play by the rules, pay all the fees, pass all the tests to become American citizens, and we should not permit anyone to diminish the process and the people who followed those processes to make the United States a wonderful place.
The section of the exhibit which featured scenes from Maya Angelou’s novel I Know Why the Caged Bird Sings was a strange transition. Angelou’s account of growing up in TexArkana seemed a little out of place at first, but when the narration of her life, in poetry and prose, came through the loudspeakers, I finally understand how Maya had so much to learn about her parents—her grandparents’—past and the character of their lives growing up in the Old South.



TOLERANCE CENTER

This site was updated considerably from what I had seen from my second year in college. New TV monitors along the walls indicated how diverse the news, the media, and its effects on public opinion have become.
I remembered the two doors, one read “Prejudiced”, the other “Unprejudiced.” This time, however, if anyone approached the “Unprejudiced”, a sign “think twice before trying” appeared on the door. As all of us should.

There was the “Free Speech” exhibit, which included interacting with a scenario and responding to different questions. At this stage of my life, I believe that free speech must be protected all the more, including speech we do not like or find offensive. The scenario which suggested that heated rhetoric from a radio station would so inflame the passions.

The maps detailing different hate groups, as well as the escalation of divisive hatred based on race, brought home to me how important it is for us to fight lies with truth, fear with facts.

THE “HOLOCAUST” SECTION

I never cried at a Museum before. This is the first time I walked out of an exhibit and wept. It’s really horrifying to me that so many people are questioning whether the Holocaust happened. The dramatizations of different Germans sitting at a cafĂ© was quite informative. I appreciate that the exhibit drew from primary sources to share the accounts from actual individuals concerned about the Nazi Reich.

History doesn’t really impact people unless they have a tactile experience in some fashion. Seeing the letters about Hitler’s plans to eliminate all Jewry, watching the dramatizations of Nazi leaders looking for a more efficient means for destroying every Jewish person in Eastern Europe and throughout the continent, were quite harrowing.

I had forgotten that members of the public who visit this section will walk through sections labeled “Able-Bodied” vs. “Women and Children.” One station in the exhibit focused on the fact that a number of Jewish refugees arrived by ocean liner—and were all turned back! Terrible. Countries need to take care of their own people, but at what people does a nation’s leadership need to take into account that some crises are too great to ignore, and that those refugees need assistance?

The scenes of dead bodies dumped into mass graves was really sickening. In contrast, the account of one Jewish Rabbi who stood up to one of the Nazi officers in a death camp was inspiring: “You will never destroy the Jewish people. All race will live forever,” this rabbi declared. Onlookers who survived that death camp would remark how impressive that Rabbi’s courage was before he and others were forced to march into the gas chambers.

SUMMARY

It pains me that I have met more young people who have not heard of the Holocaust. That’s a calamity which must be averted at all costs. “Hope lives when people remember”—Simon Weisenthal.

I do believe that this country needs a more robust discussion on freedom of speech—the problem in Nazi Germany was not only the hateful invective of the Reich and Hitler’s regime, but that opposing parties and independent journalists were silenced. Let’s maintain this right for all to stop hate!

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Some things that I did not include in the report which I turned into the court:

1. The Simon Wiesenthal center seems to be losing its focus. There is all this talk about immigration and identity politics, and I fear that much of this obscures the much larger focus of maintaining a livingm working memory of the Holocaust. A growing number of students leave high school in California and across the country--and they know nothing about the decimation of 11 million people, including 6 million Jews and 5 million other so-called "undesirables" at the hands of the Nazi Reich.

2. I am really glad that I included my remarks about freedom of speech. The truth is that Hitler and his hateful Nazis could utter whatever bile they wanted. The problem was that the common people, the activists, the concerned citizens were not permitted to criticism. The answer to speech is more speech. Freedom of speech gives power to the truth to overcome the lies. 

Silencing, suppressing speech because it is deemed hateful actually allows hateful speech--and hateful acts--to proliferate. That is exactly what happened during the Third Reich. Right now, sadly too many people are learning the wrong lessons, and they are foolishly concluding that the only way to prevent "hate speech" is to silence speech. That is a form of hate in itself which will protect no one.

3. I would like a broader discussion as to why so many kids are leaving public schools throughout Los Angeles Unified and the greater California system with no knowledge of the Holocaust and other heinous genocides perpetrated throughout the 20th Century. Is it true that no one will care about the Armenians? Is it true that no one will remember the Rwandans, too?

4. When I entered the Museum of Tolerance, I was really surprised that a security guard not only greeted us in the parking lot, but required every guest to have their trunk inspected! The security concerns have grown in and around the facility!

5. During the Holocaust survivor's talk, some members of the audience seemed determined to blame President Trump for the climate of extremism and hate fostered around the country. I commend Mrs. Karin for refusing to take the bait and simply focusing on the historical facts, the historical tragedy, of what she lived through, and yet so few survived.

6. The theme of "Ordinary People" came back to me again in the History Walk-Through on the Holocaust, from Hitler's rise to power to the Allied Victories in Europe. "Ordinary people" did nothing to stop the tide of Hitler's tyranny, but ordinary people also stepped up to stand up to the evils that were engulfing Europe in the early 1940s.

The banality of evil does not diminish the evil, but merely reveals that no matter how much man may pride himself, he is a fallen creature in need of redemption.

Wednesday, November 7, 2018

Press Release: Unjust Conviction of Arthur Schaper in Downey, CA Courtroom

PRESS RELEASE

UNJUST CONVICTION OF ARTHUR SCHAPER IN DOWNEY, CA



On October 25th, 2018, a jury in Downey Courthouse found me guilty of two counts of PC 148(a)1, also known as "resisting arrest” because I refused to leave a city council meeting which I lawfully had a right to attend.

Here is the specific law in the California Penal Code:

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

The facts of this case are simple.

I attended a city council meeting in Huntington Park, CA (June 6, 2017). This is the same city, by the way, which appointed two illegal aliens to city commissioners while displacing American citizens. This is also the same city which has a $320 million pension liability, overtaxes the residents on every level, has pushed marijuana dispensaries on the residents without their consent, and even shut down the expansion of charter schools in the city.

Oh, and a fedeal court found them guilty of violating the federal and state constitutions in relation to the disbursement of marijuana permits. 

During the meeting, the police kept all of us in the lobby downstairs. They tried to limit the number of people who could attend the meeting in the council chambers.

By the time I entered the city council chambers, there were many people in the audience shouting, yelling, making all kinds of noise. I was routinely harassed from behind. I did get to speak at the podium during public comment, then returned to my seat.

About 30 minutes into the meeting, the chief of police Cosme Lozano (who is neither experienced nor legally qualified to serve as chief of police, according to multiple reports) suddenly announced to mayor Marilyn Sanabria that “seemingly Mr. Schaper is still disruptive at the back of the room”. The mayor gave me one warning – when I was not even disruptive. Then a Brown Supremacist at the back of the room shouted “No, that’s his second warning.”

It was not. That was a total lie. She then ordered me to leave the room. Reminder: there were numerous people all over the meeting who had been shouting, especially people who were pro-illegal alien, favored by the city council and staff. Nothing was said to them.

This order was unlawful, so I refused. Besides, the onerous “rules of decorum” which the city, deputy DA, and then the court would used against me clearly violate the Ralph M. Brown Act. The Los Angeles County District Attorney’s office had rebuked and directed the city council to change their enforcement of rules in the city council chambers.

Last of all, I did not disrupt the meeting.

Shortly, the police officers swarmed me, including Sergeant Joseph Settles as well as Officer Saul Duran, and they told me to leave. “I am giving you a lawful order.”

One problem: it was NOT a lawful order. I repeatedly told the officers that I had not disrupted the meeting. I refused to leave because I had a right to be there, and it was clear that the mayor, the city council, and whoever else was in charge was picking and choosing enforcement of the rules. They made it very clear that I would not be allowed to return to the city council chambers. Why were they clearing the room in the first place?

At trial, the judge excluded key evidence which demonstrated that the Huntington Park City Council routinely violated the First Amendment and the Ralph M. Brown Act. The deputy district attorney Carl Marrone actually drew up a theory of the case in which I deliberately sought to be arrested to get views and publicity. It was a total lie, and repeatedly I argued against it, but my comments were routinely stricken from the record.

During cross examination with one of my witnesses, Deputy DA Marrone spent more time asking about other people and We the People Rising as a group, not myself. Despite my attorney’s objections, those comments were permitted. It was all meant to deliberately tip the jury.
This was a total kangaroo court in which they jury did not get the whole picture. In fact, the deputy DA lied twice in his closing arguments: first, claiming that everyone else had been cleared from the chambers—when people from both sides had not left; second, claiming that this arrest was crash exhibitionism, when it was merely my decision to assert my rights as a citizen.




And yet ... the jury returned a guilty verdict. 

Let’s recall that juries get cases wrong many times, and mostly because evidence is not permitted to be presented. I was only allowed to call two witnesses, when I had ELEVEN prepared to testify on my behalf! The DA only called one witness. ONE!

The sentencing was the most egregious. This presiding officer—Commissioner Maria May Santos—handed down an outrageous set of punishments to me for these two misdemeanor counts:

1. 20 days Caltrans
2. Write apology letters to the two police officers and the Huntington Park City Council—this is coerced speech, and I maintain today as then that I did not disrupt the meeting. They had no right to remove me!
3. Stay 100 yards away from the Huntington Park City Council chambers and the city council members
4. Attend the Museum of Tolerance and write an essay about my visit to five specific exhibits. I have nothing against the Museum of Tolerance, but it was quite clear that there was no tolerance for me or other people with my views. Why am I getting these kinds of consequences?
5. 364 days in jail SUSPENDED, subject to 3 years summary probation—harsh.
6. Pay my attorney’s fees.

Commissioner Santos then said to me after sentencing: “I understand why you didn’t leave, but it was a lawful order.”

I repeat: NO it was not.

These sentencing demands are nothing short of outrageous, especially since I did nothing wrong. The First Amendment and the Ralph M. Brown Act permit full permission for members of the public. Members of the community were telling me that people were insanely determined to just have me thrown out of that meeting. In previous meetings, I had suffered this unjust consequence, being forced out of city council meetings because of other people’s disturbing actions.

These are politically motivated charges, convinction, and sentencing. This trial and the verdict were a total miscarriage of justice. As of now, MassResistance is investigating right now wether the presiding officer has connections with liberal leading or La Raza groups.

All throughout the country, we have witnessed left-wing radicals and activists destroying property, burning buildings, harming innocent people—I myself have been the victim of these kinds of attacks many times, including at Berkeley in August, 2017. It is outrageous how I get strung up with such a heavy punishment for doing nothing wrong, and yet a professor can hit a young man on the head with a bikelock, and get probation; a mob can surround and throw trash at an innocent woman in San Jose, CA, and there are no consequences; and there are many other acts of violence and disruptive behavior committed by armed goons, Antifa thugs, Brown Supremacists, and other types of neo-Nazis against innocent people--and nothing happens to the malefactors.

This case, this verdict, was a full-on miscarriage of justice, and it needs to be exposed.

I had refrained from releasing a full public comment out of respect for my work with MassResistance, but my employer has encouraged me to publish my full remarks. He will provide a full report with more information very soon.



Yes, you can be certain that I am filing an appeal against this unjust verdict and this whole case.

For more information, feel free to email me at arthur@massresistance.org

Saturday, February 24, 2018

My Statement to Downey Small Claims Court: Arthur Schaper vs. City of Huntington Park

Here are the notes and the statements I used in my small claims against the city of Huntington Park, where the presiding officer had me unjustly ruled out of order, followed by my false arrest, incarceration, and the harassment which followed.




Please find the statement below:


Good morning, Your Honor.

My name is Arthur Schaper, and I am suing the city of Huntington Park for the following reasons:
1.       Violating my civil rights, specifically to attend an open meeting per the Ralph M. Brown Act
2.       Unjustly calling me out of order during a city council meeting, when I had not disrupted the meeting, and especially compared to the majority of people in the audience.
3.       False arrest: I was placed under arrest because I did not comply with an unlawful order, based
4.       Emotional distress, since I was arrested in full view and forced to under search and seizure following the unjust arrest.
5.       Harassment, because the Huntington Park Police Department issued to me multiple notices to appear, only to inform of notices of correction at the last minute. They deliberately refuse to file criminal charges against me until I filed this lawsuit.

On June 6th, 2017 I was attending the Huntington Park City Council meeting. In fact,  I and many people were forced to wait in the lobby of the first floor of the city hall with many others. The Lieutenant presiding over the first floor, Lieutenant Alfred Martinez, lied to the public, claiming that the chambers was at capacity.



No it was not. I have witnesses—Robin Hvidston and Robert Lauten—who will attest that there was still plenty of room in the city council chambers. I went up on my own, and I found that there was indeed plenty of space.

I sat down in the city council chambers to hear the meeting. People were laughing or making side remarks. One man was seated behind me, constantly yelling out “Shut up, Arthur!” Another woman was flashing a light in my face.

At one point, Sergeant Joseph Settles approached me and told me to stop disrupting the meeting. I asserted myself and informed him that I was not speaking out of turn in the chambers, nor was I preventing anyone near me from hearing the speakers during public comment.

I asked two security members behind me to address the disruptions of the individuals behind me. Neither one of them did anything about it.

At one point, following the public comment from Rudy Cruz, Chief of Police Cosme Lozano indicated somewhat evasively that I was “seemingly out of order”. Mayor Marilyn Sanabria ruled of out order. Then someone in the back of the room—the same people who had been yelling at me and harassing me—that I had already receive a warning.

Cosme Lozano
aka Cosme the Clown

The mayor looked puzzled, asked the audience if that was true. And when people in the audience shouted “yes”, she ordered the police to have me escorted out.

I calmly said to Sergeant Settles that I had not disrupted the meeting, I have a right to be there, and that I ma not leaving.

He pressed on me further, stating “I am giving you a lawful order.” With all due respect, it was an unlawful order, and I am not bound, nor is any other citizen bound to do whatever a police officer says. I have witnesses who will testify that people were trying to find some way just to get me thrown out of the meeting, whether justly or not. Not only that, but there was another gentleman in the city council chambers who had received three warnings before being escorted out. Why this inconsistent enforcement?

Eventually, without recourse or rule of law, Sergeant Settles placed me under arrest. I was arrested for sitting in a city council meeting.

Even as I was escorted out of chambers, I repeated: “I did not disrupt the meeting.”

I was escorted to the city jail, where I was searched, my properties were taken from me. I was then forced to sit in a jail cell for two hours after getting fingerprinted and registered.

I received a notice to appear in court September 6th, 2018, then I was released.

I filed a government claim against the city for false arrest and violation of my civil rights. They rejected my claim.

Government claim filed

I appeared in court September 6th, and noticed that my name was not on the criminal calendar. I didn’t know what was going on. I did obtain a certificate of appearance. I then received an email four hours later from Lieutenant Patrick Kraut, indicating notice of correction. I didn’t understand why they would give me a notice to appear, yet not have a criminal package filed with the DA’s office.

The next notice appear was for October, and I appeared that day, and once again my name was NOT on the calendar. This is tantamount to harassment. Regardless of the statute which gives police departments a year to file on these charges, they insisted on mailing me notices of correction instead of filing the criminal package with the DA's office.

I finally decided to sue the city, which brings me here, and then they issued a fourth notice of correction and to have me appear in court on December 18th. How can it possibly take a police department six months to file a criminal package on a misdemeanor charge? I confronted the Chief of Police about this and he just ran away from me!

It’s ridiculous.

Your honor, I submit to you that the police department did not want to file because they know they had no right to call me out of order or have me arrested.

I further submit to you that the city council attempted to cover up their unjust rulings against me. I have the minutes for the June 6th meeting, in which they claim that I was called out of order, then claim in the minutes that I continued to be disruptive, and for that reason I received a second warning.

That is not what happened. Your honor, the city council lied on their minutes and approved them. I have video from three different people in the meeting, including myself, plus the official City Council recording through Granicus. I have two witnesses here, Robin Hvidston and Gary Gileno, will confirm that I was not disruptive in the meeting.



Even if for whatever reason they city councilman and police officers were justified in calling me out of order—and they were not—I had only received one warning, and there was lots of noise and disruption going on in the city council chambers. Why were they not called out of order?
Not only that, your honor, but the Mayor calmly decided to accept what other people shouted about me in the meeting, when also she had to do was check the minutes taken by the city clerk, and she would have confirmed to the presiding officer that there was only one warning—and even that warning was unjustified.

On top of that, the city council has a history of Brown Act violations against me and others. I have letters from the public integrity division of the LA County DA’s office to confirm this.
I have numerous witnesses here and now who will testify that I did not disrupt the meeting, that the police had no right to order my removal or to place me under arrest.

I had every right to attend this meeting, the city and its police officers on scene had no right to remove me. I urge your honor to ensure that our rights as citizens remain protected, that we prevent arbitrary rulings against attendees in any public meeting from being called out of unjustly and placed under false arrest—just for attending a public meeting.

Not only that, but they seized my phone without cause. I had to return to the city police department to retrieve my cellphone. They had no right to take it, and I imagine that the judge rebuffed any effort for them to break into my phone. The police department had no probable cause to seize the phone.

Again, it was an unlawful order to have me ruled out of order, then to have me placed under arrest. I have witnesses who will testify that in the past they refused to comply with similar unlawful orders from the police department—and they were not placed under arrest.

Also, the same presiding officer called me out of order for NO REASON in the June 20th meeting, which to me shows another pattern of abuse and selective enforcement.

All these videos with specific time-stamps I have provided for you in this thumb drive. If you like, I can also open my laptop and show you what happened in the meeting.

I am free to answer any other questions you may have.

We the People Rising

I have other witnesses here and statements of declaration from other witnesses as needed:

Robin Hvidston
Jesse Suave
Janet West
Gary Gileno
Betty Retama
George and Libby Franco
Francisco Rivera
Rudy Cruz
Robert Lauten
Dura Young and Fred MacIntosh



Tuesday, December 19, 2017

Trump Supporter Arthur Schaper Formally Charged Following Sanctuary City Arrest ... Six Months Later?!

                        

(Hat Tip, Grindall61)

Finally, six months after my unjust, uncalled for, unsubstantiated arrest in Huntington Park, the LA County District Attorney received a criminal package from the Huntington Park Police Department regarding the June 6th, 2017 arrest.

This has gone from crazy to insane.

Who would have thought that a police department would play tag with a suspect regarding their arrest and potential prosecution? Other well-known, well-seasoned activists have told me that such antics from the police in connection with arrests have never happened to them, and they had never heard of such things.

I was initially arrested for disturbing a public meeting and refusing to obey the lawful order of a police officer. The two major problems with these charges are manifold, not the least of which is that I did not disrupt the meeting or defy a lawful order. Police officers cannot simply tell members of the audience to leave a city council meeting or other public government board meeting.

What a joke, and now the DA has no reason to justify going after me, since what basis did the police officers have for arresting me? Because I refused to leave meeting for which I had a right to attend?

This is ridiculous. I wanted to purse a motion to dismiss, but for now we are going to allow all the evidence to fall into place. For some reason, my case was an add-on, which meant that I was one of the last arraignments to take place in Department 6 at Downey Courthouse.

It's OK, though, since I could sit at ease and rest the whole time. I was joined by four supporters of mine, and many other people in our team and around the country have been following the work that I do and the effectiveness which all of us have.

Despite these formal charges, I look forward to asserting my rights and demonstrating my cause in court.

Thanks for watching, sharing, and following. Feel free to contact me if you have any other questions:

Arthur Schaper

arthurschaper@hotmail.com