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Man uses 'Yahweh' as attorney; Maryvillian accused of running illegal plant nursery

By Jessica Stith
of The Daily Times Staff
Originally published: March 11. 2008 3:01AM
Last modified: March 11. 2008 1:18AM

William Roseburgh told a judge that "Yahweh" was his legal representation and refused any other counsel on Monday -- but he has apparently sought attorneys' assistance before on other criminal charges.

He and his wife were accused of operating a plant nursery at 510 Montgomery Lane, Maryville, without proper state certification. They were indicted in February.

William Albert Roseburgh, 57, Montgomery Lane, Maryville, appeared before Senior Judge John Kerry Blackwood on Monday to face charges of failure to register as a plant nursery agent, refusal to provide information on origin of plants, interference with duties of an agriculture agent, sale of plants without tags and movement of stock without certificates.

His wife, Wendy Gail Roseburgh, 55, LeConte Drive, Maryville, was indicted on charges of failure to register as a nursery dealer, sale of plants without tags and sale of stock without a valid certificate. Wendy Roseburgh did not appear in court.

Blackwood asked Roseburgh why his wife did not appear, and he said that the paperwork he received did not state that she would have to appear. There was apparently a typographical error in the document, and Blackwood said she must appear at noon today.

Blackwood also asked Roseburgh if he wanted time to hire an attorney to represent him on the case, if he wanted to fill out an affidavit claiming indigence to possibly receive an appointed attorney, or if he wanted to represent himself.

"Yahweh is my counsel," Roseburgh replied.

Both William and Wendy Roseburgh refer to themselves in court documents as "bondservants of Yahweh" and have refused to sign court documents in the past for religious reasons.

Blackwood explained that William Roseburgh had to pick one of the three choices, and asked if that meant that he planned to represent himself.

"No, I'm not representing myself, (Yahweh) is my counsel," Roseburgh said. He added that biblical scripture states that Yahweh will represent him in the court, and he will not go against it.

Roseburgh said on several occasions that he did not understand and asked if "Yaweh" had been "kicked out" of the court. Blackwood told him multiple times that he must choose between the three types of representation, and after much discussion -- Roseburgh agreed that he was representing himself, but "in protest."

"If the court wants to see that as representing myself, them let them do it," Roseburgh said.

Blackwood then reminded him that he must abide by the rules of the state and the court if he wanted to represent himself. The judge made it clear that the court will not help him throughout the process or give him advice.

Roseburgh's legal past

This is apparently not the first time William Roseburgh has appeared on criminal charges in Blount County Circuit Court. And in the past, he has had an attorney represent him on the charges.

According to documents filed in Blount County Circuit Court, William Roseburgh pleaded guilty to charges of kidnapping, two counts of aggravated assault and first-degree burglary on Jan. 30, 1990. The documents state that Charles M. Clifford represented Roseburgh on all of those charges.

He was sentenced to serve a total of 60 days in jail on the charges, followed by four years and 10 months of probation.

In 1989, Roseburgh was indicted on a charge of possession of a Schedule VI substance (marijuana) with intent to manufacture, but was convicted on the lesser charge of possession of a Schedule VI substance. He was sentenced to serve 30 days on the charge and Clifford was also listed as his representation on that case.

Court deadlines set

William Roseburgh asked Blackwood if he would address a motion, but the judge told him it was premature. He said he believed there was an issue of "double jeopardy" because he originally had eight charges against him, three of them were dismissed and his wife was then charged with the same three crimes.

Roseburgh also said the state was not prosecuting him by his "given name." After the hearing, he said that the court documents have his name listed in all caps, which makes you "dead." He pointed out that words are not listed in all caps in the dictionary, and his name should not be in the documents.

Blackwood said all motions must be filed on or before April 15; the deadline to negotiate a settlement was set for May 30; and a trial date was set for 9 a.m. Aug. 7.

Blackwood said Wendy Roseburgh must appear at noon today to address how she will be represented in the case.

"Your wife is to be here at 12, and she is to be questioned just like you have been questioned," Blackwood said.

Motions to recuse

Blackwood is hearing the Roseburghs' cases because Blount County Circuit Court Judge Mike Meares recused himself after the Roseburghs filed criminal complaints of wrongdoing with a Blount County grand jury against Meares and several other judiciary members.

Roseburgh said he plans on filing a motion asking Blount County Assistant District Attorney General Clinton Frazier to recuse himself, as well, due to wrongdoings in the case.

When asked if he planned to ask Blackwood to recuse himself, Roseburgh said he would "keep that a secret for now" but that he does believe Blackwood "influenced a foreman" in a grand jury hearing.

None of the judiciary members that William Roseburgh named in his criminal complaints were indicted in March's grand jury hearing.