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Local newspapers and prosecutor lie about road maintenance.
Not only does Cherokee County equipment maintain private property of friends and relatives of local politicians, commissioners build completely new roads for well-connected landowners. In the documented past, the Cherokee County Commissioners Court was more than eager to annex private property in order to provide services for members of their clique. City and county road crews have been ordered to work on golf courses and hunting clubs used by their bosses. A stark editorial difference exists between the recent ousting attempts against Precinct 3 Commissioner Katherine Pinotti for paving a bona fide public road VERSUS local reporting that all roads in “Cherokee County need to be maintained because they are in the county.” (Source: Jacksonville Daily Progress, “Commissioner defends club road maintenance,” August 21, 1980)
Old newspaper articles show former County Commissioner William Kennedy authorizing culverts to be installed on roads all through the privately owned Cherokee County Hunting Club south of Rusk, TX. This type of isolated road improvement on private property was acknowledged and accepted in local newspapers. The current district and county attorneys’ mentors never considered prosecuting those Commissioners for improving their buddies’ private properties at taxpayer expense. The former Sheriff never dispatched his deputies to seize precinct maintenance logs to prove any impropriety. In their minds, it was good for everybody. They were open about their corrupt solidarity.
Jacksonville Daily Progress, August 21, 1980 click image to enlarge
In 1979, County Commissioners openly defended using taxpayer dollars to pave the private “road to nowhere” on the personal property of Lewie Byers, a wealthy Rusk banker and former Rusk city councilman. The Byers landlocked property off FM 2962 had culverts, grading and other roadwork installed on it “almost entirely for Byers’ benefit, and practically no one else’s.” (Source: Rusk Cherokeean p. 1, 14, “Road to Nowhere But Banker’s Land,” September 13, 1979)
On Nov. 13, 1978, the Commissioners Court agreed to commit county funds and equipment, and accept the road as a county road, although it leads to nowhere except to Byers’ property. Now that the road has been taken over by the county, it will be maintained at the taxpayers’ expense. (Source: Rusk Cherokeean p. 1 “Road to Nowhere But Banker’s Land,” September 13, 1979)
County Helped Build This Road To Lewie Byers' Land (Source: Rusk Cherokeean Sept. 13, 1979 p.1) click image to enlarge
Rusk Cherokeean p. 1, 14 September 13, 1979 click image to enlarge
An apologetic Alto Herald editorial was written in response to the Jacksonville radio station KEBE revelations to the public that the Lewie Byers property was being developed on the county’s dime.
After checking out the project, The Herald does not believe any criminal act has been committed. We firmly believe that County Commissioner William Kennedy is an honest and honorable man…
The taxpayers of Cherokee County simply don’t feel they should help Councilman Byers, or any other land speculator and developer, make possible windfall profits at their expense…(Source: Alto Herald p.2, editorial “Road to Nowhere” September 13, 1979)
Now fast forward to 2010 after Precinct 3 Commissioner Katherine Pinotti rattles their cages, Cherokee County newspapers forget their own articles on Lewie Byers and on their front pages claim a bonafide public road to be “private.” (Source: “Commissioner paves Patterson Lane” Cherokeean Herald August 25, 2010) The corrupt Good Ol’ Boys and Biddies are not just trying to have it both ways; they claim a nonexistent oversight has been committed by the Pct. 3 Commissioner for maintaining a school bus route. At the same time they pretend not to have had county subsidized improvements performed on their own and their buddies’ properties for the last three decades.
Cherokee County brand of gotcha politicking. It’s way of life.
Embedded reporters writing propaganda for Cherokee County, Texas newspapers take their cues directly from the district attorney’s office. No physical meeting is needed on courthouse property after decades of printing lies fed to them; editors know to publish fabrications that either promote their collective corrupt agendas, or completely bury facts. Case in point: Precinct 3 County Commissioner Katherine Pinotti is under “investigation” by the corrupt county Good Ol’ Boy system, because she ostensibly authorized gravel to be spread on Patterson Lane, located in the northern part of the county.
With the help of sheriff deputies, the County Attorney spearheaded the fabricated “investigation” (Source: Jacksonville Daily Progress August 26, 2010) into whether certain laws had been violated by Katherine Pinotti, because (according to them) there were conflicting reports about Patterson Lane being private or under the aegis of county maintenance. A mock commissioners court meeting was later held to declare the road as “private,” despite the outdated mapping system delineating Patterson Lane as a County Road under past maintenance. The sham investigation is now in the hands of the District Attorney. Local reporters have done their duty to pile on the lies by claiming Commissioner Katherine Pinotti paved an unmarked road.
Is it plausible that Cherokee County’s longtime newspaper reporters have become amnesiacs? Probably not. Perhaps the goal is for their younger readers to remain oblivious to what the local press has archived about the insidious public corruption in their home communities. Meanwhile, they assume their more mature readers won’t remember the commissioners court, et al law-breakers of yesterday. Editorials and articles written in the same newspapers as far back as 1978 show that commissioners and city councilmen alike were more than eager to build roads on private property, hunting clubs and golf courses frequented by the Cherokee County ruling class. The Rusk Cherokeean (prior to combining with the Alto Herald) became a punching bag for local politicians in the Fall of 1978 for having the audacity to report that the City of Rusk and commissioners were using public equipment and labor to improve the local golf course located on the New Southern Motor Hotel grounds. Local attorneys, prosecutors, judges and the whole shebang of corrupt Good Ol’ Boys past, present and future played golf on the “obviously illegal” and “public-funded subsidy of a private interest group.” (Source: Rusk Cherokeean editorial p. 2, Nov. 2, 1978) They were all active members of the New Southern Motor Hotel Country Club located on Hwy 69. Many of them are life members.
County audits bring finger-pointing to Precinct 3; Bullard police officer admits having sex with minor
Things are steaming up in Cherokee County, folks, but talk about ‘the pot calling the kettle black.’ The embedded corrupt aspect is targeting recently elected officials who shake the tree and expose the ingrained favoritism. Longtime Cherokee County elected officials and generational county employees have funneled the equivalent of millions of taxpayers’ dollars to themselves and their ilk over the last several decades. County equipment has been used to bulldoze, pave and enhance the private properties of in-laws for the last 30 years. The installation of culverts, cattle crossing guards, wooden bridges and roadbed are routine for Cherokee County’s so-called elite on their rural properties. In order to distract from the ingrained corruption, Cherokee County is attempting again what they do best, that is to blame someone else for exactly what they themselves blatantly do. Their target this month is the only forthright County Commissioner in their ranks.
They hope to pass the stench over to agencies within the county who do not buckle under the pressure of the corrupt Rusk, TX courthouse. Local reporters enable false charges by deliberately not fact-checking the accusations made against the whistleblowers. And the Cherokeean Herald is Johnny-on-the-spot eager to publish the crap fed them by current occupants of the Rusk courthouse. According to the Daily Progress, Precinct 3 Commissioner Katherine Pinotti is being investigated by law enforcement for maintaining a misidentified county road. Instead of keeping his nose in his own jurisdiction, longtime Precinct 4 Commissioner Byron Underwood has tattled on his political opponents’ maintenance of a segment of County Road 3403 (now called Patterson Lane), 5 miles north of Jacksonville in the Mount Selman area. (Source: Jacksonville Daily Progress August 26, 2010)
The county road in dispute, Patterson Lane, is currently maintained by Precinct 3 because it is a thoroughfare from CR 3401 (Old Jacksonville Rd.) to CR 3404, just West of HWY 69. According to the Daily Progress article, Commissioner Pinotti performed her due diligence in requesting county maps be updated to reflect the delineation of missing roads and her constituents’ requests to maintain Patterson Lane. Especially after the heavy rains her boss County Judge Chris Davis claims to have championed just months earlier. The fact is Patterson Lane is not a private road. The Cherokee County Sheriff’s Department that is spearheading the “investigation” and County Attorney hope the rest of the county thinks otherwise. It all depends on who you are related to as to whether or not you can get away with using county equipment on private property. Precinct 3 has been open and has kept records about its maintenance of Patterson Lane. How dare this woman publish how and where the precinct maintenance money is spent!
The good ol’ boys are playing gotcha politics with the only female Commissioner in Cherokee County, Texas. Their tactics are as old as the corruption they perpetuate: criminalize perfectly legal actions and prosecute those outside of their circle for the shenanigans that they themselves commit every single day. Once again their goal is to make a law-abider spend thousands of dollars in legal fees to fight a trumped up charge. Their modus operandi is always the same; they use the Sheriff’s Department and courthouse to ruin the reputations and the lives of political opponents. The County Bosses hold the purse strings and they aren’t letting go until Cherokee County taxpayers wise up, shed their inertia and vote them all out.
Commissioner Pinotti is not under attack for merely ingratiating herself by extending county services to the residents on Patterson Lane; she is accused of the crime of “misusing county funds” that her entrenched political peers have been committing for decades. They say she improperly used county equipment, labor and time to maintain a road not under the aegis of her Precinct. Of course it is not a crime for a county commissioner to maintain a lateral road on which dozens of homesteads are located.
Those on the attack want Precinct 3 residents to believe as a commissioner, Pinotti has no discretion as to where she sends her crews. Does she have to, according to County Attorney Craig Caldwell, ask for the male members of the Commissioner’s Court to grant her permission to fix a street name sign? Has Caldwell ever held the other commissioners to that standard during his tenure? Of course not. Patterson Lane is not a private driveway; it is a school bus route used to pick up the children living up and down the road. In the County Attorney’s mind the contiguous tracts of land are still conveniently “undeveloped” but part of a “subdivision,” nonetheless. (Source: “Commissioner paves Patterson Lane” Cherokeean Herald August 25, 2010) So where’s the crime?
Let’s look at those private catfish ponds dug by county employees on the clock and with county equipment. Let’s look at community service workers maintaining private driveways, such as the ones all over Precinct 2 and Precinct 4.
How dare a woman challenge the good ol’ boy network!
Unfortunately for the Pinotti family, every single private phone conversation they’ve ever had in that county has been intercepted by law enforcement and their mail rifled through by post office employees since she began upsetting the political hiarchy. Those in high places must not like what she has to say about them in private phone calls and certainly don’t like her candidness with the voters. It is their plan to have Commissioner Pinotti buckle under the financial strain of hiring an attorney to chase rabbit trails and coerce her to admit to “some type of mapping error.” In order for the Commissioner’s Court to go back to the way it was in the good ol’ pre-Women’s Lib days of meeting behind closed doors with no citizen or fiscal oversight.
It’s like the foxes guarding the chicken coop!
A few weeks prior to this façade, the Jacksonville Daily Progress reported Justice of the Peace clerk Heidi Jones Tyler was accused of stealing cash money straight out of the Precinct 3 office. She was placed on administrative leave after preliminary county audits of Pct. 3 funds fell short by $30,000. (Source: “Up to $30,000 missing” Cherokeean Herald August 18, 2010)
Justice of the Peace James Morris was alerted when a resident asked for a cash receipt for a previously paid fine. The fine had been falsely entered as “dismissed.” Sources close to the investigation report an arrest in the case is imminent. (Source: CBS 19TV August 13, 2010) J.P. Morris has also been outspoken about the corruption he has witnessed at the Commissioner’s Court meetings and has written letters to the Texas Attorney General’s office. After bowing to pressure from new county commissioners, Cherokee County’s local and 3rd party auditors are revealing the depth and breadth of missing funds in particular agencies.
Perhaps “missing funds” are made up for by the county’s unethical revenue-generating tactic of withholding proceeds payable to owners of real and mineral properties. Cherokee County deposits unlawfully nondispersed funds into interest-bearing accounts with associated cumulative fees generating for the county treasurer’s and county clerk’s offices to ‘administer.’ The county certainly knows how to utilize its databases when it demands bloated taxes from its citizens. But those good ol’ boys and gals in the Rusk, TX courthouse just can’t seem to come up with a serviceable mailing address when the county has its mitts on funds due to those on their Muck With List.
The Cherokeean Herald cites another $18,881 stolen in 2009 from the Adult Probation Office that taxpayers will have to reimburse. Cherokee County Adult Probation Director Carl Phillips was charged in December 2009 with embezzling over $60,000 in illicit credit card purchases during an alleged 10-year spending spree. County Auditor L.H. Crockett tells the Herald readers:
I understand that when Tommy Kerzee [incoming probation director] replaced Mr. Phillips, he was told what was going on. It seems some probation department staff members knew about the credit card charges. Mr. Kerzee called the state and they sent (state) auditors to go through the old records,”
County Investigator Lt. John Raffield said that Mr. Kerzee came to him, District Attorney Elmer Beckworth and DA Investigator Randy Hatch.
The article continues:
Mr. Raffield said at least two persons in the probation department knew that Mr. Phillips was allegedly using the credit card for his own personal use. (Source: Cherokeean Herald December 23, 2009)
Despite the evidence and county employee witnesses, initial charges against Phillips were dismissed on July 29, 2010. In order to drag the case out indefinitely and shunt from public spectacle, the case was re-entered on the Cherokee County docket. It’s good to have friends in high places who you can collect dirt on to stave off a costly defense. Does it normally take a decade of witnesses coming forward and a handful of district attorney investigators for Elmer Beckworth to prosecute one of his favorite jury panelists?
Criminal Docket; Case 17638; THEFT OF PROPERTY BY PUBLIC SERVANT GREATER THAN $20K LESS THAN $100K
THE STATE OF TEXAS vs CARL PHILLIPS
Filed 11/23/2009 – Disposition: 07/29/2010 Dismissed-insufficient evidence; 2nd District Court, Cherokee County, TX.
Criminal Docket; Case 17845; THEFT OF PROPERTY BY PUBLIC SERVANT GREATER THAN $20K LESS THAN $100K
THE STATE OF TEXAS vs CARL PHILLIPS
Filed 07/26/2010 – Disposition: current; 2nd District Court, Cherokee County, TX.
Cherokee County resident and resource officer for the Bullard ISD, Steven Wayne Morris, age 26 has been with the Bullard Police Department for two years. Officer Morris was suspended without pay in June 2010 during an investigation involving an undisclosed student at the Bullard High School. The patrolman initially lied to his superiors about having a relationship with a student and was terminated. During questioning by the Texas Rangers, Morris admitted to having repeated sexual encounters with a 15-year-old Bullard student in the back of her car. Officer Morris has been charged with sexual assault of a child and is incarcerated in Smith County jail on a $350,000 bond. (Source: “Bullard police officer charged with sexual assault of child” KLTV, August 20, 2010)
A May 17, 2010 article in the Tyler, TX newspaper “Friends, Family Of Suspects Motivated To Testify For Many Reasons” attempts to clarify why East Texas jury trials are stacked with relatives of opposing parties. It is concluded that family members testify against their relatives for a variety of reasons ranging from a sense of civic duty, to ingratiating themselves with law enforcement, to domestic vendettas. No mention of the limited size of untainted jury pools in these rural areas where everyone is related.
In Cherokee County courts, indigent defendants’ family members unwilling to testify are faced with the threat of bogus obstruction charges for not reciting the district attorney’s version of events. They are not as eager to falsely testify against loved ones as the article suggests, especially in the case of capital murder and when the death penalty is in play. Furthermore, the article completely ignores the fact that the District Clerk, via the district attorney’s office, plants the petit juries with relatives of law enforcement and/or alleged ‘victims.’ In Cherokee County this is taken to a whole ‘nother level of corruption by actually placing relatives of State witnesses directly in the jury box. These family jewels are willingly coached to lie during voir dire to feign ignorance of the case, to slip past opposing counsel and be seated. And let’s not forget Cherokee County’s practice of fabricating “friends” of the Defendant who deliver “anonymous” tips to local law enforcement. It’s all smoke and mirrors to cover up illegal phone tapping and perjury, if not a complete fabrication of alleged crimes.
As the Tyler news article attempts to deflect, these “relatives of the defendant” are called into court in order to express intangibly what they “felt in their hearts,” as opposed to what actually happened based upon the tangible physical evidence. This is a tried and true technique of a corrupted Cherokee County judicial system, which is to prosecute criminal cases based upon a preponderance of intangible feelings such as “the crime could have happened,” rather than using tangible evidence proving beyond a reasonable doubt that a crime actually took place. The Tyler News apology piece begins by citing the recent murder conviction of Jessie Smith of Jacksonville, TX in Cherokee County’s 2nd Judicial District Court.
Friends and family testified in the trial of Jessie Smith because they felt “very strongly” that a murder had occurred, Cherokee County District Attorney Elmer Beckworth said. (Source: Tyler Paper, Friends, Family Of Suspects Motivated To Testify For Many Reasons, May 17, 2010)
In other words, hearsay and conjecture are accepted as completely reliable and admissible sources of testimony in Cherokee County. The intention is to get an already partialized jury to falsely convict based on the preponderance of feelings and emotions rather than on bona fide proof beyond a reasonable doubt. Cherokee County’s district attorney concludes by citing a fictitious Rusk jailhouse molestation case that never made it to the newspapers, docket or court records. No facts or fact checking required ‘round here.
Beckworth recalled a 2001 child molestation case in which a defendant was trying to make arrangements with another inmate to kill witnesses who would testify against him.
The defendant even drew a map of where he wanted the inmate to go, he said.
However, the inmate told authorities about the plot, and the defendant ended up getting a life sentence. (Source: Tyler Paper, Friends, Family Of Suspects Motivated To Testify For Many Reasons, May 17, 2010)
District Attorney Beckworth would lead the readers of the Tyler Morning Telegraph to believe that his own modesty in 2001 kept him from reporting that a [nonexistent] jailhouse informant was given leniency for helping thwart yet another [nonexistent] incarcerated child molester from “murdering” State witnesses for a case he made up on the spot. As we see time and time again, this is the way the political game is played by backwoods sycophants trying to cover up, for example, the two hundred plus Cherokee County sex offenders put on probation during Beckworth’s tenure.
Cherokee County prosecution 101: It’s a popularity contest
Elmer Beckworth and other small town prosecutors are motivated to suborn defendants’ friends, co-workers or loved ones who they think can be easily gulled to voice perjury placed in their mouths by authority figures. As the Smith County prosecutor and defense attorney suggest in the article, favored targets for suborned testimony in a rural setting are the timid, the superstitious, the jealous and the grudge holders; especially those with most favored status with the DA. Cherokee County prosecutors are equally motivated to coerce a friend, co-worker or loved one to turn against the defendant in order to boost charges that do not meet the Texas Penal Code. The Cherokee County district attorney’s office will also trump up charges on those they deem as a threat to the Big Lie, as they did to Randy Kelton and the Robert Fox defense team. They’ll collectively spend more time and taxpayer dollars smear mongering their credible opposition than reviewing the legalities of their caseload.
Cherokee County stands resolute in its tradition of stacking juries with those closest to the case. And if a “friend” or “family member” doesn’t exist to testify against the defendant, then the district attorney’s office will conjure one up. Behind closed doors in corrupt Smalltown USA, the grand jury may be presented anonymous letters from a concerned write-in citizen; accusations composed by the district attorney. However, they will not be presented for scrutiny damning evidence of official oppression or countywide petitions demanding investigations into the local corruption.
“See, even this jailbird believes the Defendant is guilty…”
Another prime example of this official misconduct can be found in the Buenka Adams and Richard Cobb capital murder case in which Beckworth and his investigator helped pardon a convicted felon arrested again for possession of a firearm simply for the incarcerated felon’s willingness to repeat the district attorney’s talking points at trial. Then with the district attorney himself lying to the Court of Criminal Appeals that a leniency offer in writing never took place for the felon’s jailhouse testimony:
Another letter was written by Beckworth on January 10, 2003. Although it was addressed “to whom it may concern,” Beckworth testified that it was sent to [the informant’s] parole officer, Roy Shamblin. The letter stated: “Please be advised that this office will not seek prosecution on [the informant] for the offense of Unlawful Possession of Firearm by Felon. If anything further is needed please contact this office.”
Beckworth testified that the State did not make any deal with [the informant] regarding his charge for unlawful possession of a firearm by a felon. (Source: AP-74,875 Richard Aaron Cobb, Appellant vs. The State of Texas from Cause No. 15054 in the 2nd District Court Cherokee County)
It was ruled in the Richard Cobb appeal that the deal cut with the jailhouse informant was immaterial because it would not have changed the outcome of the Cobb murder trial. However, the existence of a written leniency agreement signed by District Attorney Elmer Beckworth in exchange for a State Witness’ testimony is exculpatory evidence that should have been disclosed pretrial to defense attorneys.
On May 17, 2010 Jacksonville resident Horacio Gonzalez waived his rights to a jury trial for one count of the aggravated sexual assault of a child and was expeditiously sentenced to 30 years by the 2nd Judicial District judge. Gonzalez, 33, chose to have his case heard by the judge and face the assistant district attorney. For two years Gonzalez successfully avoided Cherokee County’s cookie-cutter jury selection.
To confuse and distract further, the Tyler Paper reports Horacio Gonzalez’s residence to be in Houston, rather than his actual habitation in Cherokee County, where the incident occurred. (Source: Tyler Paper, May 25, 2010)
According to Gonzalez’s court appointed attorney,
There were two potential findings other than ‘not guilty; one was aggravated sexual assault of a child and the other was indecency with a child. (Source: Jacksonville Daily Progress, May 24, 2010)
The district judge believed there wasn’t enough evidence in April 2009 to convict Gonzalez of exposing himself to the alleged victim, but a year later the district court, minus a jury trial, was convinced a crime did occur. (Source: Cherokee County, TX Criminal Docket; Case 17474 ; INDECENCY W/CHILD; THE STATE OF TEXAS vs GONZALEZ, HORACIO and Case 17369 ; AGG SEXUAL ASSAULT CHILD; THE STATE OF TEXAS vs GONZALEZ, HORACIO)
The month of May wraps up in the usual hackneyed lies, heart-felt testimony and another misleading child molestation case for the Cherokee County, Texas archives. Next month we will examine the Robert Fox civil rights reboot in the Eastern District of Texas filed on May 14, 2010 and the murder for remuneration case in Shelby County.
By proclamation, President Obama has declared April 2010 as National Sexual Assault Awareness Month.
The month of April has been designated Sexual Assault Awareness Month (SAAM). The goal of SAAM is to raise public awareness about sexual violence (focusing on sexual assault and rape) and to educate communities and individuals on how to prevent sexual violence. (Source: National Sexual Violence Resource Center)
Contributions to actual resource centers, such as those funded by the NSVRC (and not outlets for political grandstanding), are what make a difference. Please donate directly to the NSVRC to provide continuing assistance on date rape prevention and awareness in rural areas.
March 15, 2010
Jacksonville Daily Progress
“Case against White dismissed”
Lauren LaFleur CNHI
JACKSONVILLE — Charges against Cherokee County Sheriff’s Department Capt. Chris White were dismissed Monday.
White was accused of kicking Michael Jones of Jacksonville in the face on the night of Aug. 3, 2006, after Jones was restrained in handcuffs.
White had no comment Monday afternoon about the matter.
“We are pleased with the Court’s decision,” said Chad Rook, one of the attorneys representing White. “The Court clearly made the correct ruling in dismissing all claims against Captain White, as not a shred of evidence exists that he did anything to Mr. Jones.”
Jones initially filed a suit against Cherokee County because of his alleged attack. However, the county was dismissed by the court on summary judgment.
Jones was charged with evading arrest for the night in question — witnesses said they saw Jones hitting a woman in his car that night. When a Bullard police officer tried to pull Jones over to investigate the matter, Jones fled.
He was found about five hours later behind a convenience store in Troup, after abandoning his vehicle and fleeing on foot.
Ted Garrigan, Jones’ court-appointed attorney, said Jones was subdued and laying on the ground, cuffed at wrists and ankles, when Texas Department of Criminal Justice officers turned him over to Cherokee County officers.
“By the time he got to the Smith County Jail, he had six teeth knocked out and his nose was broken,” Garrigan said in a previous interview. “He said he remembers lying on the ground face down completely restrained. A Cherokee County deputy vehicle pulls up, a deputy steps out of it and kicks him in the face until he blacked out.”
Michael Clyde Jones, "allegedly" beaten up (courtesy Smith Co. 8/3/2006)
According to Rook and Robert Davis, the other attorney representing White, Jones could provide a physical description of his alleged attacker — approximately 5 feet, 8 inches tall and 150-180 pounds.
But the claims that he was kicked in the face and subsequent description of his attacker didn’t come for a while.
“He never made this claim at the scene or for months following his arrest,” Rook said, via an e-mailed response to questions sent by a Daily Progress reporter. “He only started making such a claim at some point during his criminal proceedings months later.”
Rook said only three Cherokee County officers were on the scene, and White was only named because he fit the description of the man Jones claimed kicked him.
Statements were filed by officers on the scene, including those by seven TDCJ officers, all dated between Aug. 15, 2006, and Aug. 18, 2006. Six of those seven ended their written statements by stating they did not see anyone kick, hit or mistreat Jones after he was cuffed. While the wording among the six statements vary, they each express that they did not witness Jones being mistreated by any officers on the scene.
In fact, according to records obtained by the Daily Progress, only one officer recorded that any sort of attack was made on Jones — former Bullard Police Department Officer Bryan Richards recorded that a single officer involved in the incident, Troup’s Officer L. Becker, referenced [the] alleged incident at all.
“While Officer Becker was at the Bullard Police Department, he advised me that he saw a Cherokee County deputy kick Michael Jones in the mouth after he was restrained with hand and leg restraints,” according to Richards’ report. “This statement was not documented in the incident report that was provided to the Bullard Police Department.”
Becker’s statement was dated Aug. 11, 2006.
(Source: Jacksonville Daily Progress March 15, 2010)
Jones may appeal his excessive force case, according to the Tyler Morning Telegraph.
“Make the lie big, make it simple, keep saying it, and eventually they will believe it.” - Adolph Hitler
Something smells rotten, and this ain’t Denmark- it’s Cherokee County, Texas, folks. The Faye Bell Harris saga is actually the story of her ex-husband being a drug snitch for the district attorney’s office gone really badly. That’s not the version the district attorney, sheriff’s department and those rallying around the “Faye Bell Harris Amendment” would tell in 2005 when Elmer Beckworth told his fib all the way to the state capitol. They would have you believe a drunken, drugged and dangerous individual on Felony Bail could actually be repeatedly arrested and RELEASED after threatening the woman whose house he had repeatedly tried to burn down. Before the epiphany that perhaps a Cherokee County district judge should order the incarceration of a deranged drug addict whose pattern of trespassing and stalking might lead to cold-blooded murder.
DPS officer James Scott Burns would not have been murdered on April 29, 2008 if Cherokee County’s elected officials had simply kept their promises to the voters to diligently and without bias obey the law themselves. Rather than deposit the $15,000 in bond money into the local coffers per the district attorney’s recommendations. Collectively they illegally released Smith County parolee Brandon Wayne Robertson after his felony arrest April 7, 2008 for narcotics and gun possession. (Source: Longview-Marshall News Journal May 8, 2008)
Of course the local Cherokee County media omits the part about Brandon Robertson being arrested by the DPS for having a GUN and drugs. So we’ll go ahead and reprint it here:
Suspect arrested weeks before trooper’s shooting
By RANDY ROSS firstname.lastname@example.org
Published May 8, 2008
A Texas Department of Public Safety trooper stopped and arrested Brandon Wayne Robertson about three weeks before officials believe the convicted felon fatally shot Trooper James Scott Burns. According to the Department of Public Safety, Robertson was stopped about 9:40 a.m April 6 on Texas 135 in Cherokee County. Officials did not immediately say what initiated the stop. Robertson was arrested on charges of possession of a controlled substance and possession of a firearm by a felon. He was released the next day on two $7,500 bonds, according to sheriff’s office records. A call to the bondsman was not immediately returned, and it was unclear who contacted him.
Judge Forrest Phifer, who works for the municipal court in Rusk, Wales and Cuney, said he set the two bonds at an amount typical for the charges. He said he could not set an “oppressive amount” without violating the U.S. Constitution.
Phifer said that he thought the trooper who arrested Robertson said there were no problems during the traffic stop and that the firearm was found in the trunk of the vehicle. He added that he didn’t recall information that would have indicated that Robertson posed a risk that justified a higher bond.
Officials say Robertson fatally shot Burns after Burns pulled Robertson over in Marion County the night of April 29. Robertson was found dead May 1 with a self-inflicted gunshot wound, according to law officers.
Jennifer Lynne Petrick, 36, was found with Robertson and arrested on charges of possession of marijuana and probation violations. Petrick remains in Cass County jail on a $5,000 bond, according to the Cass County Sheriff’s Office. Investigators say Petrick was in the car driven by Robertson on the night of the killing.
(c) 2008 Cox Newspapers, Inc. – Longview News-Journal
Cherokee County’s elected bureaucrats always try to finagle the system in order to enrich county coffers, as they did when setting in motion the murder of Trooper Scott Burns. Instead of denying that lucrative bond and maintaining custody of a very dangerous armed drug mule/ parole violator, such as Brandon Robertson. And these hubristic officeholders didn’t bungle their releasing of the above-mentioned drug addict Michael Harris in 2003. Their price tag to ignore the laws about notifying a parole violator’s Smith County parole officer and required no-bond detention was $15,000 and less and nonexistent for Michael Harris. More on this in a moment. Insidious corruption along with voter complacency enables this infrastructure not to just survive but to thrive decade after decade.
Voters in the upcoming March primaries should consider which candidates support wasting taxpayer dollars versus those who pledge to clean up the “corruption” and nepotism that has been going on for decades in plain sight. Which candidates support long and frivolous court cases that perpetuate never-ending whitewashes of lies and postponed hearings, as in the case this month against Robert Fox? Which candidates support using the judicial system as a means to grandstand fictitious claims of “terrorism” and a “win at all cost” mentality? Even after spending and wasting tens of thousands of your tax dollars trying to keep the likes of a harmless Robert Fox in jail for nine (9) months with bond set so exorbitantly high in order to ensure his inability to pay it. And so they could deprive Fox of his freedom (at taxpayers’ expense) while they juggle to figure out what more they need to invent to finally convict him of ‘something’. Yet they let Brandon Robertson and Michael Harris walk out the door to kill, with virtually no Probable Cause hearings whatsoever. Is it because Robert Fox is destitute and offers no money to the Cherokee County infrastructure?
Cherokee County, TX and related Robert Fox court hearings in 2009 alone range from the preposterous to the completely fabricated by the district attorney’s office. Elmer Beckworth et al‘s following cases against Robert Fox and associates have been dismissed:
• Feb 15, 2009 Felony Parole Absconder EXTRADITION FAILURE
• March 11, 2009 Felony Barratry DEPORTATION FAILURE
• April 28, 2009 Felony Tampering with a Government Record DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• Nov. 19, 2009 Simulating Legal Process case against Robert Fox DISMISSED
The media again has taken its cues from a corrupt Cherokee County judicial system and fails to report that Robert Fox is facing yet another day in court at the end of February for a bogus “tampering with a government record” charge. Trial dates have been picked right before the March elections in order for Fox’s stacked local jury to decide whether or not the city of Jacksonville should have its liability insurance premiums threatened by civil rights violation suits. Even after all charges related to the open-ended raid of his property have been dismissed.
This month Cherokee County’s lead prosecutor Elmer Beckworth takes on Robert Fox’s court-appointed attorney by having the district court hear Motions in Limine to keep the release of armed parolee Brandon Robertson stricken from the record and from the ears of jurors. As usual, doing the State’s best to draw the court’s attention away from the relative facts. The District Attorney wants to hush-hush the illegal treatment of Fox by Reece Daniel and other Jacksonville police officers with the State’s motions. It appears police misconduct is the backbone of the Robert Fox defense. At the same time, the Cherokee County Sheriff”s Department was caught sending false emails in retaliation of Jacksonville chief of police Reece Daniel’s outspoken complaints about the way Elmer Beckworth has been handling the Fox case. (Source: Tyler Paper December 19, 2009)
A problem arises if the motion in limine is granted to the prosecution to exclude evidence needed by the defense to exculpate him/her from the accusations of the prosecution. For an example of this, see the Branch Davidian trial, in which the bench denied the defense the right to present evidence of misconduct by the federal agents who conducted the siege, evidence that if presented would likely have brought acquittals of all defendants. The original standard of due process was that in criminal cases motions in limine could be granted only to the defense. (Source: Wikipedia)
The fact is District Attorney Elmer Beckworth is filing Motions in Limine in order to castrate Fox’s court-appointed attorney’s efforts to adequately defend his client. And the DA wouldn’t do that if the State’s case was clean. Beckworth has to have the judge grant his limine motions because he must keep from the jury and off the court’s record certain FACTS that Fox’s side can present. Like the fact they granted bail to an armed and dangerous thug two years ago who went on to kill a DPS trooper, while they kept Robert Fox in solitary confinement for nine months. Is this the way you want your courts run?
Cherokee County voters often have little choice in who actually gets on the ballot and eventually represents them in their communities. With the help of a few strategically placed election judges, the stage is set for another sweep by the corrupt old guard. March 2010’s primaries bring out the best and the worst, but clear choices are available in several candidacies after decades of stagnant nepotism. Unfortunately, Cherokee County’s statewide known pattern going back as far as the 1960’s is to make the wrong choice. As we all know, Cherokee County is corrupt and it will take quite a shake-up this time around to remove those with an engrained belief of entitlement and grandiose sense of importance.
Welcome to Pathological Lying 101
Again, we need to look no further than the published track record of Cherokee County’s egocentric district attorney. The mantra “I’m the DA and you’re a nobody;” “the Law says what I tell you it says” has gone on long enough, has it not?
“I say it, therefore it is.”
A repeated pattern of knowingly misrepresenting case facts and legal code prima facie to the media and even to the State Legislature is what Cherokee County’s District Attorney appears to do best. Mr. Beckworth’s most successful articulate attempt has been convincing the mother of slain Jacksonville resident Faye Bell Harris that her daughter’s senseless murder in 2003 was a result of the Texas constitution being too lenient on Felony Bond. Instead of the fact that drug informant Michael Harris murdered her daughter because District Attorney Beckworth offered no limitations to Harris’ court-ordered drug rehab along with no court-imposed restrictions. Nor enforced any Protective Orders that would have kept Harris from continuing buying drugs, threatening to kill his ex-wife and snitching on his dealers. Per Elmer Beckworth, Michael Harris was arrested repeatedly while on Felony Bond and in Cherokee County custody at the Rusk State Hospital, and repeatedly released to buy more drugs and threaten his ex-wife. The Cherokee County District Court did nothing to protect Faye Harris, even though her ex was arrested REPEATEDLY on her doorstep threatening to kill her. Even though his original Felony Bond was for trying to burn her house down.
…Michael Harris was charged with arson. His bond was reduced at a habeas corpus hearing in March, at which time the district judge required as a condition of bail that the defendant not contact or communicate with his ex-wife. After the habeas corpus hearing, Michael Harris assaulted Faye, vandalized her vehicle, and continued to contact and harass her, disregarding the judge’s conditions of bail. (Elmer Beckworth to the TDCAA Oct. 2005)
Then why didn’t you and your Narcotics Officers enforce the judge’s conditions, Elmer?
The 2010 US census will put Cherokee County at almost 50,000 people, but the county certainly is structured like a run of the mill, pre-1960’s Southern ghetto. Taxpayer dollars have been used since the turn of the century to line the pockets of local politicians and their families. Yet Cherokee County has been hit pretty hard during the recent economic downturn. Can we afford to continue to prosecute baseless charges in the name of personal vendettas, as Cherokee County’s District Attorney is continuing in the Robert Fox case? While at the same time letting drug addicts/informants like Michael Harris and Brandon Robertson out on bond the day after they are arrested, armed and dangerous?
Robert Fox was housed on the taxpayer dole for 270 days in the Rusk jail. Michael Harris spent his time in the cozy Rusk State Hospital after his multiple attacks on his ex-wife. Parolee Brandon Robertson spent one night in Cherokee County jail after being arrested on Hwy 84 for carrying a gun and crystal meth. Robertson’s bail was granted, deposited; and he set out and murdered the next DPS trooper who stopped him, three weeks later. These are just a few published and well-documented examples. What of the other family members coming forward about slain loves by the more recent batch of Cherokee County drug informants?
Are Cherokee County voters going to let this colossal waste of taxpayer dollars continue indefinitely? While they think about it, do they want their taxpayer dollars continuing to play this TIT FOR TAT in the Robert Fox case, that Elmer Beckworth and these men seem to thrive on? While the entire county is put at risk for lawsuit after lawsuit ? In the meantime, Beckworth, et al hurries these child molesters through Adult Probation because they won’t spend their budgets prosecuting them, again putting us all at risk. Wouldn’t you rather have pedophiles prosecuted? The following Registered Sex Offenders were ‘prosecuted’ by Elmer Beckworth and placed on probation in Cherokee County, Texas:
• Frank Birden Guinn, age 82, Alto TX, indecency with a child by contact of a 12-year-old female;
• Michael Morrison, 48, Alto TX, aggravated sexual assault of a 12-year-old female;
• Gary Mark Hayles, 43, Bullard TX, indecency with a child by contact of an 8-year-old female;
• Wesley Boyd Mohr, 60, Bullard TX, indecency with a child by contact of a 10-year-old female;
• William Barry Travis, 54, Bullard TX, aggravated sexual assault of a child of an 8-year-old female;
• Matthew Isaiah White, 17 (published), Bullard TX, indecency by exposure involving a 15-year-old female;
• Christopher Steven Goleman, 33, Gallatin TX, aggravated sexual assault of a disabled 39 year-old female;
• Tommy Junior Allen, 54, Jacksonville TX, indecency with a child by contact of a 11-year-old female;
• William Tracy Arnold, 42, Jacksonville TX, burglary and felony involving a 34-year-old female;
• James Travis Baker, 22, Jacksonville TX, indecency of a child by contact of a 6-year-old female;
• James Isaac Barnett, 18, Jacksonville TX, indecency with a child of a 14-year-old-female;
• Brian D. Black, 19, Jacksonville TX, aggravated sexual assault of a 10-year-old female;
• Vernon Willis Blackshire, 29, Jacksonville TX, sexual assault of a 14-year-old female;
• Anthony Eugene Boone, 38, Jacksonville TX, aggravated sexual assault of a 6-year-old male;
• Cole Joseph Brooks, 22, Jacksonville TX, aggravated sexual assault of a 13-year-old female;
• Christopher Lee Calley, 25, Jacksonville TX, aggravated sexual assault of a 3-year-old female;
• Gark Michael Clark, Jacksonville TX, 52, sexual assault of a child of a 16-year-old girl;
• Arturo Allen Cochran, 26, Jacksonville TX, aggravated sexual assault of a 12-year-old female;
• Carlos Jerome Conner, 37, Jacksonville TX, aggravated sexual assault of a 13-year-old female;
• Steven Daille, 58, Jacksonville TX, sexual assault of a 15-year-old female;
• James William Dennis, 64, Jacksonville TX, agg. kidnapping/sex assault of a 38-year-old female;
• Jose Ramon Galan, 53, Jacksonville TX, indecency with a child by contact of a 9-year-old female;
• Jonathan Keith Glenn, 23, Jacksonville TX, aggravated sexual assault of an 8-year-old female;
• James Henry Golden, 52, Jacksonville TX, aggravated sexual assault of a 36-year-old female;
• Nathan Wayne Grimes, 61, Jacksonville TX, indecency with a 9-year-old female;
• Ollie Ray Grogan, 62, Jacksonville TX, indecency with a 5-year-old male and 7-year-old female;
• Nickolas Noel Harwell, 31, Jacksonville TX, two counts of aggravated sex assault of a 12-year-old female;
• Kevin Lyn Hawes, 42, Jacksonville TX, aggravated sexual assault of a 15-year-old;
• Christopher Michael Hennessy, Jacksonville TX, 25, sexual assault of a 15-year-old female; absconded.
• William Lee Hershiser, 48, Jacksonville TX, aggravated sexual assault of a 15-year-old female;
• Roger Hunter, 72, Jacksonville TX, indecency with a child by contact of a 14-year-old female;
• Aaron Lee Joslin, 25, Jacksonville TX, two counts of sexual performance of a 7-year-old male;
• Robert Michael Lane, 33, Jacksonville TX, indecency by contact of a 10-year-old female;
• Jackie Neal Locke, 46, Jacksonville TX, indecency with a child by contact of a 13-year-old female;
• Ben Mallard, 47, Jacksonville TX, indecency with a child by contact of a 11-year-old female;
• James Donald McClain, 56, Jacksonville TX, aggravated sexual assault of a 20-year-old female and 11-year-old female;
• Leroy Edward McCuen, 56, Jacksonville TX, aggravated sexual assault of a 9-year-old female;
• Kenneth Ray Messick, 59, Jacksonville TX, sexual assault of a 14-year-old female and 16-year-old female;
• Stacy Bernard Mills, 39, Jacksonville TX, aggravated sexual assault of a 11-year-old female;
• Tracey Dewayne Moseley, 33, Jacksonville TX, indecency by exposure to a 15-year-old female;
• Jamie Lee Newburn, 28, Jacksonville TX, two counts of attempted sexual performance of a 14-year-old female;
• Sammy Carroll Newman, 54, Jacksonville TX, indecency by contact of a 12-year-old female;
• Patrick Brian Norsworthy, 43, Jacksonville TX, indecency by contact of an 8-year-old female;
• Derrick Wendell Owens, 34, Jacksonville TX, indecency by contact of a 9-year-old female;
• Kevin Wayne Patton, 36, Jacksonville TX, indecency by contact of a 14-year-old female;
• Glenn Durrell Pierce, 49 years of age, Jacksonville TX, sexual assault of a 15-year-old male;
• Bruce Townsend Powell, 48, Jacksonville TX, attempted sexual assault of a 30-year-old male;
• Jimmy Reed, 47, Jacksonville TX, attempted sexual assault of a 25-year-old female and unknown female;
• Mandell Rhodes Jr., 43, Jacksonville TX, aggravated sexual assault of a 52-year-old female;
• Thompson Ward Stricklen, 43, Jacksonville TX, indecency by contact of a 11-year-old female;
• Paul Arlen Taylor, 51, Jacksonville TX, indecency by contact of a 13-year-old female;
• Terry Lawrence Taylor, 48, Jacksonville TX, indecency by contact of a 12-year-old female;
• James L. Wells, 52, Jacksonville TX, aggravated sexual assault of a 5-year-old female and 6-year-old female;
• Johnny Decole Wells, 25, Jacksonville TX, sexual assault of a 15-year-old female;
• Larry Wayne White, 45, Jacksonville TX, aggravated sexual assault of an 8-year-old female;
• Timothy Kevin Zweck, 32, Jacksonville TX, sexual assault of a 15-year-old female;
• Robby Lee Buffalo, 32, Rusk TX, prohibited sexual assault (incest) of a 11-year-old female;
• Richard Dean Davis, 47, Rusk TX, indecency with a child by contact of a 14-year-old female;
• Nile James Dean, 39, Rusk TX, indecency with a child by contact of a 8-year-old female;
• James William Hammons, 45, Rusk TX, aggravated sexual assault of a 13-year-old female;
• Jason Aaron Husband, 29, Rusk TX, sexual assault of a child of a 15-year-old female;
• Elbert James Patton, deceased, Rusk TX, indecency with a child by contact with an 8-year-old female and 9-year-old female;
• Delian Brenanard Session, 43, Rusk TX, sexual assault of a 34-year-old female and 11-year-old-female;
• Troy Gibbs Sutherland, 31 years of age, Rusk TX, attempted sexual assault of a 15-year-old female;
• Aubrey Thomas Taylor, 48 years of age, Rusk TX, indecency with a child by contact of a 10-year-old female;
• Dale Joseph Tylich, 51, Rusk TX, indecency with a child by contact of a female less than 16 years of age;
• Charles Clifton Bruner, 45, Troup TX, indecency with a child by contact of a 6-year-old female;
• Michael Servetus Childs, 31 years of age, Troup TX, sexual assault of a 14-year-old female;
• Tommy Robert Husband, 46 years of age, Troup TX, indecency with a child by contact of a 16-year-old female;
• Michael Sean Lee, 33 years of age, Troup TX, indecency with a child of a 13-year-old female;
• Timmey Martin, 41 years of age, Troup TX, aggravated sexual assault of a 14-year-old female;
• Michael Ryan McMichael, 34 years of age, Troup TX, indecency with a child of a 12-year-old female;
• Martin Otis Pitts, 51 years of age, Troup TX, two counts of aggravated sexual assault of a 7-year-old female;
• Bryan Thomas Toombs, 31 years of age, Troup TX, aggravated sexual assault of a 13-year-old female.
• Alisha Arriola Corley, 36 years of age, Wells TX, sexual assault of a 15-year-old male.
(Source: Jacksonville Daily Progress 2006)
Where are your candidates’ priorities in the March primaries? Probation for child molesters and letting parole violators out to murder? Or endless prosecution and pre-trial incarceration of harmless individuals such as Robert Fox who rattle their cages by simply questioning their wrongdoings?
Director of Adult Probation in Rusk, Texas indicted for public theft. State Representative fined for ethics violations
35-year veteran Cherokee County employee and Adult Supervision and Corrections Department director Carl Phillips was recently indicted on charges of theft by a public servant and misappropriation of public funds. The three-count indictment lists thefts of property beginning in 1999 and deliberate destruction of credit card receipts in excess of $20,000 but limited to $100,000. Phillips’ alleged stealing spree was reported in 1999 to, and ignored by, former Cherokee County District Attorney Investigator Randy Hatch according to the article (Source: Tyler Paper December 17, 2009). Ten years later, Cherokee County Sheriff Department investigators revisited the original allegations.
Carl Phillips began his employment with Cherokee County in 1974. The theft of funds was reported again to Phillips’ successors after the indictee’s 35-year retirement party. Phillips was Cherokee County’s longest employed public servant on record according to friends recusing themselves from pretrial. Friends such as all the district and county judges, the sheriff and every Grand Jury foreman for the last three decades. Notwithstanding his own recusal, good friend and District Attorney Elmer Beckworth predicts a traveling judge will hear the case (Source: Tyler Paper). Obviously not in the local Rusk diner where Phillips, et al might be found sipping ice tea, reminiscing about the good ol’ days and discussing those taxpayer subsidized mutual funds.
courtesy Jacksonville Daily Progress
Carl Phillips (l.) congratulated by current County Judge Chris Davis (r.) for 35 years of excellent public service.
House District 11:
Soon after switching parties, former Democrat and now Republican State Rep. Chuck Hopson (R) of Jacksonville has been fined for ethics violations for nondisclosure of political contributions. Rep. Hopson was ordered to pay $2900 in restitution by the Texas Ethics Commission for his campaign being in violation of section 253.032 of the Election Code and section 20.29 of the Ethics Commission Rules. (Source: News-Journal January 13, 2010)
According to the Texas Ethics Commission, Rep. Hopson and his Cherokee County based campaign treasurer
failed to properly report and improperly reimbursed
political expenditures from personal funds, failed to disclose information regarding contributions
from out-of-state political committees, failed to properly disclose total political contributions
maintained, and converted political contributions to personal use.
The Commission continues, that State Representative Hopson (R-Jacksonville):
failed to disclose the payees, payee addresses,
dates, purposes and amounts of political expenditures for mileage made with personal funds
on his 30-day pre-election report for the November 7, 2006, general election, and January
and July semiannual reports for the years 2007 and 2008.
The nine page Order and Resolution can be read at : http://www.ethics.state.tx.us/sworncomp/2008/2809327.pdf
The original complaint can be read at : http://www.texasethicsreport.com/Hopson_TEC_10-1-2008.pdfDon’t forget to read the ongoing corrupt activities in Cherokee County, Texas on Austin’s acclaimed Politico “The Burnt Orange Report”
Deputy Sheriff sends emails falsely claiming police chief is being sued for sexual harassment; public told to forget about it.
Jacksonville, TX/ Rusk, TX:
For argument’s sake, let’s say a high-ranking deputy with the city of Jacksonville police department sends a slew of anonymous emails to East Texas news agencies asking why they aren’t reporting that Cherokee County Sheriff James Campbell is resigning under the pressure of multiple sexual harassment suits. Cherokee County taxpayers should ask themselves if they would witness a ‘kiss and make up’ scenario between those agencies, as the one we’ve just seen painted last week. (Source: Tyler Paper December 19, 2009) Or for the sake of debate, let’s say a lay citizen bombards news outlets with emails falsely claiming Sheriff Campbell is facing lawsuit after lawsuit for sexual harassment in the workplace. In the case of a private citizen making those types of false claims against Sheriff Campbell or Jacksonville police chief Reece Daniel, then the district attorney himself would crawl out from behind his facade of trustworthiness and beat the drums of prosecution. They all would be crowing from the Rusk courthouse steps about how they would hold that individual and his network of allies criminally accountable. With the local media chiming in to fan the flames of criminal/civil action and to pervert the jury pool.
However, the shoe is on the other foot: The outside world got a tiny glimpse last week into the slanderous and lowlife blackmail methods Cherokee County officials employ against each other and their political counterparts. Agencies that routinely share illegally obtained information and work hand-in-hand violating our constitutional rights make for bad bedfellows when one decides to complain to the Texas Attorney General’s office about the other. Or butt heads and embarrass the district attorney, as Chief Reece Daniel did in May of this year when he petitioned against Elmer Beckworth’s handling of the Robert Fox charges. (Source: Jacksonville Daily Progress May 3, 2009)
Sheriff James Campbell’s chief detective Chris White, captain for the Cherokee County sheriff’s department, recently sent anonymous emails to various East Texas news agencies claiming Jacksonville police chief Reece Daniel was resigning under the pressure of five (nonexistent) sexual harassment suits. Chief Daniel responded to the libelous accusations with a statement to the local press that the Jacksonville police department would no longer work alongside the Cherokee County Sheriff’s Department until White was reprimanded or fired. Chief Daniel chooses his words carefully in his response to the Sheriff Department’s emailed accusations:
“Chris White told me he had sent the email in retaliation for me refusing to accept a case that originated in Cherokee County that he wanted my detectives to investigate. This is an extremely paltry reason for a law enforcement officer to get angry over and, in my opinion, violate the law. If he will do this to me knowing all the resources I have at my command then I worry about what he might do to an innocent civilian who makes his angry.”
(Source: KLTV December 14, 2009)
Statements like those can never be retracted, even though Chief Daniel has been counseled to sing Sheriff Campbell’s praises, and ignore the Penal Code statutes he himself cites within his complaint to TCLEOSE and in his response to Chris White’s accusations. Cherokee County taxpayers have the right to know why Sheriff Campbell refuses yet again to hold his deputy’s feet to the fire. Detective White’s actions cannot be undone and his anonymous emails (claiming sexual harassment) leave the recipients in those media outlets scratching their heads. How can Cherokee County’s sheriff continue to employ a deputy who retaliates against a fellow officer? What other dirt and mudslinging does the Cherokee County Sheriff’s Department sanction? We know this latest published episode only scratches the surface. The broader intent of the emails was not only designed to smear Reece Daniel, but to frame someone else for sending the emails actually authored and distributed by a Cherokee County Sheriff’s deputy.
Campbell continues his decades-old pattern of unaccountability, even when his highest ranking deputy is caught red-handed emailing libelous content about a local police chief to news agencies. Campbell hides behind his department’s taxpayer supplied attorney rather than acknowledging his own deputy’s guilt. Sheriff Campbell’s statements deny knowledge of the emails’ “content,” but he surely knows his deputy White’s actions are rogue to say the least. (Source: KLTV December 14, 2009)
Instead of hiding behind his lawyers and saying that he knew nothing of the emails’ content, Sheriff Campbell could have taken the honorable route the day Chief Daniel responded to his accusers. Campbell could have made a simple statement that he would not tolerate this level of crap out of any of his employees. Despite the thousands of wasted taxpayers’ dollars and hours he and the Cherokee County newspapers have spent crooning about the county’s highest paid Deputy Sheriff. Campbell chose to play word games that he was “unaware” of anything while he remained hidden from comment.
City and County lawyers warn Chief Daniel ‘not to go there’ by pointing out repeatedly that one female employed with the Jacksonville Police Department made one accusation of sexual harassment against the chief in the past. Which resulted in her prompt promotion out of the field and into a higher paying position within Cherokee County law enforcement (thanks to a deal brokered by the current city of Jacksonville attorney). Sources: Jacksonville Daily Progress and Cherokeean Herald December 16, 2009
And they top off yet another of Cherokee County’s notorious lies that the emails are a result of a “personal conflict” between Detective White and Chief Daniel. Then why the use of both a county attorney and the city of Jacksonville attorney for a private pissing match? Sheriff Campbell cannot make a statement to his constituents without an attorney looking over his shoulders and writing his unapologetic smokescreens. These are the questions the local media should be asking before closing the book on this latest installment of sexual blackmail, Cherokee County style. The pattern of unethical behavior is not over; it will continue as long as these people hold office.
There is enough criminal activity and dirt to spread around, so if these guys want to keep their jobs, it is apparent that in their minds, they had better stick together. They will have to continue to feign solidarity during intrajurisdictional disputes and target the innocent people Chief Daniel refers to in his statement. Hopefully, they believe, this sordid little story during the Christmas holidays will disappear from the evening news.
Chief Detective Chris White’s libelous emails about Reece Daniel are not only unethical, they shed light into the modus operandi that has been going on for decades in Cherokee County. Too many of these current public officials are bought and owned by these sexual harassment/ blackmail techniques. A thorough Spring house cleaning is long overdue. Get rid of these corrupt parasites at election or continue to have your taxpayer dollars lining their attorneys’ pockets. Or you can continue to support the vermin while they pay each other off with your hard earned tax dollars. You have just witnessed a microcosm of their unethical universe: a salaried deputy sheriff sending anonymous and inflammatory emails on a County computer in order to deflect media attention onto the police chief of Jacksonville. With the intention of blaming someone else for it until his IP address was traced.
Merry Christmas Cherokee County and have a blessed New Year. The March primaries are right around the corner; vote the prevaricators and provocateurs out. It is time to bring some semblance of honor into your public offices. Next month we will discuss the case of 35-year veteran Cherokee County employee and true friend of the courthouse Carl Phillips, the director of the Cherokee County Supervision and Corrections Department. Phillips was recently indicted for theft of services and allegedly tampering with government records while head of Adult Probation. (Source: Tyler Paper December 17, 2009)
Cherokee County, TX is predictable because it is corrupt. Its court system is equally tainted and predictable, with its members lying through their collective teeth when the county’s liability insurance is in jeopardy of being depleted by civil rights suits. The complete opposite of what is reality can be read in the local news each week for those willing to follow the morass of lies. In the eyes of many within the circle of corruption, it is a crime to sue law enforcement for a bungled raid, but it is perfectly OK for cousins and business partners of those being sued to be planted on the petit jury. Apparently it is the job of the local district attorney, with the help of judges and city councilmen, to make innocent people into criminals. There is no such thing as a “fair trial” when the real criminals are conducting the jury vetting.
A change of venue has officially been denied in the Robert Fox “tampering with the government” trial, even after months of propaganda in the local Cherokee County media. Fox filed multiple defamation suits against his accusers.
The 2nd Judicial District Court ruled that absolutely no publicity ever surrounded the Robert Fox case, despite months of news articles citing the “Taliban link” to the House of Israel and widely publicized press conferences conducted by the Jacksonville Texas police department. All of which touted the terrorist contraband of Robert Fox and his gang of “anti-government” Separationists. Now they want everyone to believe that no one in Cherokee County had even heard of Robert Fox. This coincided with the local media voluntarily burying actual accounts after Fox turned himself in.
As stated in this blog nearly a year ago, oral arguments in favor of moving the Fox proceedings away from the relatives of those Fox has sued (and the remainder of District Attorney Elmer Beckworth’s planted jurors and jurists) would be ruled as inconsequential to the outcome of the trial.
“The court heard testimony from various witnesses, including Jacksonville Councilman Kenneth Melvin, Cherokee County Judge Bascom W. Bentley III, [and] Cherokee County Sheriff James Campbell.” (Source: Tyler Paper Oct. 10, 2009)
All of whom swore under oath that Robert Fox and associates could and would get a “fair trial” in Cherokee County. Are Cherokee County taxpayers truly convinced that a fair trial is feasible, or even a remote possibility? The District Attorney’s witnesses also testified that only residents of the city of Jacksonville, TX had heard about the case, again despite months of coverage in every newspaper and televised news agency in East Texas. Only a county this corrupt would allow its elected officials to speak on the record directly to the jury pool, to tell them to feign ignorance of the news reports during voir dire. Then print the same rubbish in the newspapers that ran every single fabricated accusation against Fox and his associates for the last two years.
In the Tyler Paper, Cherokee County’s district attorney planted his version of the Defendant Robert Fox’s criminal intent of “demanding money” from city of Jacksonville employees earlier this year. (Source: Tyler Paper Oct. 10, 2009) That is, Robert Fox, et al threatened to and did monetarily sue in Federal civil court specific members of the Jacksonville, Texas police department for the illegal raid on the House of Israel. An open-ended raid which resulted in all previous charges against Fox being dismissed. Other leaks by Beckworth’s office refer to alleged documents that indicate Fox was paid for some of his “legal advice,” i.e. barratry. The barratry charges were also dismissed.
This is how the Cherokee County court system operates, though. They bask in each other’s brilliance of having it both ways, their initial bogus charges not cutting the legal mustard, yet continuing to lie under oath that these news articles never made it to the eyes of Robert Fox’s potential jurors:
If one lie doesn’t stick, make another up and ignore existing Penal Codes.
Another fine example of the “having it both ways” scenario is the previous prosecution of Robert Fox’s associate Barry Brooks on practicing dentistry without a license. Barry Brooks, the founder of the House of Israel and who performed charitable orthodontic services in Jacksonville, TX, was convicted in 2007 of practicing without a license. The impetus of the raid on the House of Israel during Robert Fox’s occupancy last year was ostensibly to recover the expired painkillers left in the abandoned dental office next door. (Source: Jacksonville Daily Progress May 20, 2009)
former House of Israel, downtown Jacksonville, TX
Barry Brooks is currently serving seven years in TDCJ. (Source: Cherokeean Herald May 6, 2009) However, Section 3 of the Texas Occupations Code was amended in 2005 to allow for charitable work for retired dentists.
SECTION 3 Amends Section 256.102, Occupations Code, by amending Subsection (c) and
adding Subsection (f), as follows:
(c) Creates an exception as provided by Subsection (f).
(f) Authorizes a dentist on retired status to perform an activity regulated under this
subtitle if the dentist’s practice consists only of voluntary charity care, as defined by
board rule. Requires the board’s rules under this subsection to prescribe the scope of
practice permitted for the retired dentist, the retired dentist’s authority to prescribe and
administer drugs, and any continuing education requirements applicable to the dentist. S.B. 610 (Dental Practice Act), Title 3, Chapter 256, Subchapter C, Section 256.102 – Retired Status
According to the Fort Worth Star-Telegram, Cherokee County’s favorite unlicensed gypsy cop Michael Meissner was arrested by Dallas County authorities Monday September 14, 2009 on seven felony counts of child pornography, promoting underage prostitution, organized crime and allegedly soliciting nude pictures of teenage boys via explicit text messages on MySpace. He is currently in Dallas County jail under a $1.5 million bail. (Source: Star-Telegram September 15, 2009)
Michael Chase Meissner in custody
Michael Meissner was hired by the city of New Summerfield, TX in early March 2007 as Chief of Police, even though his Peace Officer’s certification was cancelled a year earlier on top of his documented history of moonlighting despite TCLEOSE reprimands in over 16 different jurisdictions. The city of New Summerfield also failed to properly vet the gypsy cop prior to his employment. Or did they?
Meissner’s tenure in Cherokee County law enforcement was short lived, but nonetheless defended by those who hired him. The Cherokee County media continues to refer as Meissner as “a licensed Texas Peace Officer,” even though TCLEOSE reprimanded him on his bogus peace officer’s certification weeks before Cherokee County rolled out the welcome mat for him. (Source: Athens Daily Review January 27, 2007)
The fact is Michael Meissner would still be operating under the radar in tiny New Summerfield, TX and his actions completely buried by the local Cherokee County media, had it not been for the diligence of those out of the region who actually investigated, exposed and eventually arrested him. Michael Meissner was hired by Cherokee County because of his past and his proclivities. He would have been appointed to Deputy Constable in a matter of months after his hire.
More on this story as it develops.
Three felony charges (obstruction, retaliation and organized crime) against Meissner in Dallas County were dropped in September 25, 2009 according to KWTX Waco. He faces the remaining charges in Tarrant County, where prosecutors have not filed (Source: Temple Daily Telegram September 25, 2009). Meissner resigned in early August from his police chief position in Little River-Academy, TX, after complaints about his conduct surfaced. Meissner has been released pending the ongoing investigation in Tarrant County.
On May 23, 2009 Austin-based AM radio talk show host Randall Kelton (of The Rule of Law) presented the Cherokee County, Texas grand jury a list of criminal complaints against Cherokee County officials, including the county judge and county attorney. The grand jury was informed by the district attorney’s office to ignore the 55 sealed complaints. Randall Kelton acting as a journalist was subsequently charged with “operating a private investigations company without a license,” a charge levied by outgoing district attorney investigator Joe Evans. Kelton’s exposition of corrupt Cherokee County politics was not just written off as a publicity stunt, it has been completely buried. Misdemeanor charges against Randall Kelton are still pending as Cherokee County contemplates how to violate the US Constitution one more time before the Primaries.
According to published court documents, Randall Kelton began his research into Cherokee County when the incarceration of Robert Fox and bogus charges of “tampering with government records” came to light on his show. Fox had been in and out of Cherokee County jail after an initial raid on his nondenominational ministry, the House of Israel located in downtown Jacksonville, Texas. Fox and others rounded up in the Nazi-esque purging filed civil and federal complaints against their accusers, all of which fell on deaf ears in the neighboring Tyler Court of Appeals and US Eastern District Court.
After years of settling federal lawsuits against Jacksonville, TX police officers, the newly appointed Chief of Police and overzealous investigators decided to finally clean up the City’s image by painting a dichotomy: Cherokee County citizens were to forget about the rapist cop they had once decorated, Larry Pugh who was now sitting in federal prison (for trying to drag one of his victims off by the hair of her head for going to the FBI after being raped in a cemetery at gunpoint by him in uniform- Source: US District Court Cause No. 6:06-CV-357). Citizens were to instead focus on the House of Israel and its members’ “sovereign citizen” rhetoric instead.
Robert Fox was found not guilty of possessing illegal drugs on Wednesday July 29, 2009, the impetus for the invalid raid conducted on the House of Israel over a year and half earlier. (Source: Jacksonville Daily Progress July 31, 2009)
Cherokee County officials and newspapers continued the propaganda piece of the validity of the illegal search and seizure, in reference to the possession of expired dental and pharmacological substances, i.e. antibiotics and painkillers. They also claim House of Israel members were Timothy McVeigh and Taliban sympathizers based upon the unlawful seizure of items not specifically spelled out in the open-ended Search Warrant.
It matters not to the local editors of Cherokee County owned and operated propaganda pieces that Robert Fox and associates have either had all initial criminal charges against them dropped, dismissed or have been acquitted. The local media is in business to continue the Cherokee County District Attorney office’s lie that filing a complaint against Cherokee County officials is a crime. Robert Fox’s latest charge of “tampering with a government record” is still on the backburner.
Filing a complaint against Cherokee County officials after an illegal raid is also a Felony in the eyes of Cherokee County’s district attorney. Brain dead followers in the Daily Progress and Cherokeean Herald repeat this lie in print even though their own taxpayer dollars are being squandered to justify an ill-conceived, albeit typical illegal and open-ended Search Warrant composed no doubt by the district attorney himself.
Robert Fox is out of jail and stands acquitted of possessing narcotics so Cherokee County officials challenge his religion and patriotism to distract from the illegal seizure of items not specifically spelled out in the Search Warrant. Fox’s personal effects including his anti-establishment writings were seized and openly displayed for the willing press, even though it had nothing constitutionally to do with the seizure of the alleged illegal drugs. Cherokee County, Texas law enforcement is taught that as long as a willing city judge will sign off on a Warrant, then they are given carte blanche to illegally seize anything beyond the scope of the Arrest Affidavit. As in the Randy Kelton case, probable cause does not even need to be established. The Jacksonville Police Department was aware that Robert Fox’s former associate and founder of the House of Israel Barry Brooks (convicted of practicing dentistry without a license) had left behind expired dental drugs and supply within the building. They were after Fox’s legal writings to parade around to bolster another charge of barratry that was also eventually dropped.
The Jacksonville Chief of Police and his investigators made public these items though they are protected free speech under the US Constitution. The public is supposed to believe that the Robert Fox group is dangerous, while simultaneously believe the District Attorney’s office had nothing to do with the blatant persecution. Press conferences were held to laud the work of the Jacksonville Police Department for the “narcotics” raid and subsequent “Taliban Link” discovered within the House of Israel. Now there is barely a murmur in the East Texas newspapers that Robert Fox and associates have been acquitted.
Cherokee County, Texas is operated by liars and sycophants in the newspapers whose livelihoods depend on placating their advertisers. The Jacksonville Daily Progress has finally succumbed to internal pressure and shut down its own Hey Martha forum after its editor faced his third DWI in Cherokee County. (Source: Jacksonville Daily Progress July 9, 2009 and Jacksonville Daily Progress Sept. 1, 2009) Free speech and actually debating official misconduct simply will not be tolerated.
If the local high school coach is accused of having sex with a student, then they bury the story. (Source: KLTV August 11, 2009) Justice authorities do their darndest to completely cover up the sordid details involving their own relatives. If any citizen disagrees with such unconstitutional acts perpetrated by these so-called ‘justice authorities,’ or exposes the crimes of these rogue officials, then those same officers of the court fabricate legal statutes out of thin air. And use their taxpayer subsidized salaries to go after their political enemies. Hence out of town radio personality Randall Kelton was given fair warning not to meddle with the District Attorney’s handpicked jurors.
Talk show host Randall Kelton has filed several motions in Cherokee County district and county court, including Statements of Witness Tampering, Probable Cause and Habeas Corpus that argue the bogus criminal affidavits filed against him and Robert Fox. As he states in his defense briefs, the State of Texas does not require a license to “investigate,” anymore than it requires a license to sit on a Grand Jury or sit behind a microphone.
And in Texas it is a felony NOT to report a felony. So who is violating the law? Kicking down people’s doors just because they aren’t welcome in town? Filing bogus and baseless charges against people because they don’t like what they say about them on the phone and on the air? Working as a Cherokee County Constable by day and selling crystal meth by night? Kidnapping women off the streets of Jacksonville in a patrol car and raping them while on duty?
Not one single Cherokee County newspaper reported that Randall Kelton had gone to the Cherokee County grand jury and presented criminal complaints against Cherokee County officials. Not one single Cherokee County newspaper reported that their District Attorney’s office filed criminal charges against Mr. Kelton for doing so. This is yet another recent example of how the ongoing generational Cult of Confession continues to infect Cherokee County, Texas politics. If the newspaper will not report it, and those who do get charged with a crime, then who will notify the public of the ongoing criminal activity? They collectively hope and make sure no one will.
A case for and against jury sentencing.
The ongoing saga of the missing $147,000 from the Rusk Texas water department finally has closure. Prior to her July 2009 trial, Rusk water department clerk Doris Robinson had been quietly preparing to pay back the first round of $50,000 increments she had stolen during her tenure as a Cherokee County public servant. Robinson pleaded guilty in open court and a sentencing jury was swayed to give her 10 years probation. She was fined $5,000 and ordered by presiding Judge Bascom Bentley III to pay back over a four year period, the remaining taxpayer monies that she embezzled over a two year period. (Source: Jacksonville Daily Progress July 9, 2009)
District [369th] Judge Bascom Bentley added his own stipulation that Robinson make her restitution within four years, with payments of at least $10,000 due, Dec. 31 of each year. (Source: Jacksonville Daily Progress July 9, 2009)
Mrs. Robinson pleaded to embezzling over $145,000 from the taxpayers. Of course that would be $10,000 a year for four years for a total of $40,000; plus the $57,000 she paid at sentencing. That would leave an unnoticed remainder of $50,000 to go unaccounted…
courtesy Daily Progress
Not to go unnoticed in the news, the 369th District Court convened this mock trial on Wednesday July 8, 2009 and local newspapers followed suit. Mrs. Robinson agreed to have this local jury “decide” her punishment, which theoretically could have ranged from nothing to 10 years in state prison. The maleable jury was seated to assess only the punishment phase of the case. Robinson had previously waived her rights to a jury trial and she accepted District Attorney Elmer Beckworth’s plea bargain. Before deciding Mrs. Robinson’s punishment, the Cherokee County jury heard opening statements, along with testimonies from witnesses. (Source: Tyler Paper July 9, 2009)
Strategically designated Cherokee County ‘dignitaries’ bombarded jurors with accolades about the Robinson family, while the specific methodology implemented to achieve the embezzlement was swept under the carpet. This was the punishment phase of the “trial;” guilt was already established though Mrs. Robinson was never forced to admit her guilt to the jurors. Local newspapers followed suit, leaving reasonable doubt that a clerical error could have resulted in the missing $150,000. It was in the hands of the 12 jurors to decide whether or not prison was appropriate for a 62-year old “Christian” woman without a CPA license (Source: Jacksonville Daily Progress July 9, 2009)
The State did not vigorously present mitigating factors for a harsher sentence, hence the premeditated deliberation of 10 years community supervision. The process itself is a contradiction (plea bargain acceptance, then jury sentencing of the same punishment), and is a not so clever way for district attorneys and judges to appear to be removed from the case. In a tiny town of only 5,000 people, that concept is entirely ridiculous. Mrs. Robinson’s fate was determined in the judge’s chamber months before the jury was vetted.
The fact is the presiding judge had already accepted the punishment of the defendant, because the district court is mandated by law to show record of the defendant voluntarily waiving his or her rights to a trial and PLEADING GUILTY.
From the Texas Code of Criminal Procedure, when a trial by jury has been waived, the district judge determines the sentence. To stave off embarrassment of a long and costly trial, the Doris Robinson case followed the prosecution’s recommendation of probation. District Judges can either accept or reject said plea bargains. The precedent of jury sentencing is always under fire due to the nature of the limited evidence heard at sentencing, versus extensive and specific evidence allowed at trial. So don’t be snookered into believing it was the compassionate jury composed of five white women, a black woman and six white men sentencing Mrs. Robinson after 1 hour and 45 minutes of ‘deliberation’ who meted out probation as her sentence. (Source: Cherokeean Herald July 8, 2009)
The fix was in from day one because she was a city employee and faced Elmer Beckworth and a Cherokee County jury instead of a legitimate federal jury. Cherokee County Texas prosecutors, law enforcement and Beckworth’s handpicked jurors are more interested in putting Civil Rights complainants in prison than public servants caught stealing hundreds of thousands of dollars in city revenue.
According to the July 8, 2009 Cherokeean Herald, Doris Robinson was sentenced that same day to 10 years in prison, with that sentence probated for 10 years, fined $5,000 in her “theft trial” and ordered to pay $143,000 in restitution. Readers of Rusk’s local Cherokeean newspaper are predictably misled into presuming defendant Robinson was scrutinized in a full-fledged “theft trial” by jurors who then sentenced her to repay the money in order to avoid imprisonment.
BEFORE July 8, 2009, Mrs. Doris Robinson pleaded guilty to theft of Rusk Water Department funds in her plea bargain, which resulted in her avoiding a “theft trial” by jury with its inherent risk of imposition of incarceration if found guilty by those trial jurors. So why in the world is it permissible for the court’s time (taxpayers’ money) to be squandered on assembling a jury panel solely for the purpose of sentencing confessed thief Mrs. Robinson when the district judge is the one with the authority to impose sentencing of plea bargainers?
It is quite implausible that Mrs. Robinson’s capable legal advisors would have approved her written admission of guilt if that document did not contain the specific requirements for avoidance of incarceration, to include but not limited to, her acknowledgement that she will repay within a set timeline the funds she admitted stealing. It’s smoke and mirrors Cherokee County style with public officials and local media creating the illusion that courthouse employees are honorably utilizing the salaries they draw from the taxpayers’ collective wallet. The fact is the Robinson probation sentence was already a done deal in verbiage of her signed plea and sentencing agreement.
As usual, they want to have it both ways when ‘Project Got to Fool ‘Em Everyday’ is in full swing. If a local steals the same amount of money from a federally insured bank, then a stiffer penalty and different outcome can be expected outside the tainted Cherokee County legal process.
47-year old bank teller Lloyd Wayne Rock, also from Jacksonville, TX, was indicted in federal court for stealing over $145,000 from a Bank of America located in Tyler, TX. Rock is accused of stealing the money since he began his employment at the Tyler branch in 1995. Lloyd Rock pleaded guilty on July 29 to the embezzlement charge and faces up to 30 years in federal prison if convicted. (Source: Tyler Paper July 29, 2009)
Wood County, TX:
Wood County officials are requesting the Texas Rangers move their attention away from Cherokee County and come on down to help find $1,063 missing from the county treasurer’s office. Treasurer Becky Cannon faces a Wood County grand jury for the “misplaced funds” from the sale of scrap metal. (Source: Tyler Paper July 29, 2009)
Rusk County, TX:
A female prison guard at the Henderson Bradshaw Unit has been arraigned for paying an inmate to perform sex acts on her. Hether Bargsley, 32 was fired June 13 after admitting to officials she had paid a prisoner $200 for having sex in a doorway.
Rusk County Sheriff Department dispatcher and warrant clerk Kristy Campbell, 43, was charged on July 31 with cashing in a stolen money order of a missing $500 bond.Theft of service by a public official is a state jail felony. (Source Tyler Paper July 31, 2009)
Smith County, TX:
A Pct. 1 Smith County Deputy Constable, who is also the son of Precinct 3 Commissioner Terry Phillips, is under investigation for being on the payroll but not having a TCLEOSE police officer’s license. Derek Lee Phillips, age 23 had come under scrutiny by the Texas Rangers after an incident the night of June 29, in which he pulled a handgun on guests at his father’s property. Phillips has been patrolling with other deputies and identifying himself as a deputy constable, despite being unlicensed. (Source: Tyler Paper July 16, 2009)
One official said the county is liable for officers and deputies, and a person with as many citations as Phillips would also be a problem for insurance. (Source: Tyler Paper July 16, 2009)
A stark difference of facts presented in neighboring Smith County;
Cherokee County’s liability insurance provider in concert with elected officials have a proven track record of schmoozing public opinion that its policyholder county is a low-risk client. Even after hiring gypsy cops and rapists who cause huge insurance claims for the county that employs them.
A female deputy Smith County constable is also under Texas Ranger investigation and is also patrolling Pct. 1. This after she was alleged to have instigated a scuffle at her former boyfriend’s Tyler apartment complex. Newly licensed Minerva Martin is accused of going to a former boyfriend’s apartment to confront him and his current girlfriend, according to witnesses’ accounts and disturbance calls.( Source: Tyler Paper July 23, 2009)
It is also reported that TCLEOSE officials have recommended Precinct 1 Constable Henry Jackson’s license be revoked. Constable Jackson pleaded guilty in August 2008 to a Misdemeanor count of tampering with a governmental record and was given six months deferred adjudication. He also pleaded no contest to a Class C assault charge from sexual harassment and official oppression allegations. (Source: Tyler Paper July 17, 2009)
Constable Henry Jackson
Tyler, TX Police Chaplain Anwar Khalifa was arrested in a Dallas hotel by an off duty Frisco, TX police officer, when the officer working security caught Khalifa smoking marijuana in the parking lot. Khalifa, the former head of the East Texas Islamic Society, was asked to resign by Tyler’s chief of police. (Source: Tyler Paper July 23, 2009)
Frisco Police Sgt. Crawford took the remainder of the marijuana and rolling paper and logged it as evidence and also notified the Tyler Police Department of the incident. (Source: Tyler Paper July 23, 2009)
Anwar Khalifa (Courtesy KLTV Tyler, TX)
Another stark difference from a recent Cherokee County, TX episode when Constable Randall Thompson was arrested by federal agents on the Mexican border for meth distribution. Instead of turning his badge in, Randy Thompson continued his role as Pct. 3 Constable up to the day he was indicted in federal court on drug charges. Employers of public officials such as Constable Thompson and Khalifa are always notified when the employee is arrested elsewhere. Despite Cherokee County’s pattern of pretending not to know their political allies have been arrested and are facing federal indictment the next day. Cherokee County’s District Attorney’s office, the Sheriff’s Department and constables routinely “split the revenue” of seized property during drug raids (even airplanes), without oversight. (Source: Cherokeean Herald August 27, 2008)
Jacksonville High School assistant coach Jerry Chism, 34 of Longview, was placed on administrative leave after being indicted for participating in illegal dog-fights. The football coach had been arrested in November 2008 for a DWI in Gregg County, before transferring to nearby Jacksonville ISD where he was employed for approximately one year.
Jerry “Scotty” Chism was arrested July 8 in Panola County during a three-state sting which led to over 25 other defendants being indicted in federal court for animal cruelty. (Source: Tyler Paper July 16, 2009)
JHS Coach Jerry Chism
Several articles in the Jacksonville Daily Progress and Tyler Paper have cited an open letter from Justice of the Peace James Morris to State Attorney General Gregg Abbott requesting an investigation into the Cherokee County Commissioner’s Court. Precinct 3 Justice of the Peace Morris alleges fraud, tax evasion, accepting bribes, violation of the Open Meetings Law and retaliation. Morris’ main complaint, which he later retracted, was that Cherokee County officials were accepting monthly contributions from a local proprietary tax software and law firm (Source: Tyler Paper June 27, 2009)
Our readers’ comments:
Re 6/2/2009 James Morris letter in Jacksonville Daily Progress and 6/12/2009 Progress article responses from Pct. 2 County Commissioner Kevin Pierce and Pct. 4 Commissioner Byron Underwood. I think Jacksonville’s New Hope Baptist Church Pastor / Pct. 3 JP James Morris’ and the county commissioners’ toing and froing is a just another diversion. One has decided to play the ‘victim;’ the other the so-called ‘bad guys.’ Cherokee County in its entirety is corrupt. It is not the Attorney General’s charge to investigate local corruption; it is the Cherokee County District Attorney’s office. It is almost laughable if it wasn’t so true.
Agreed, as stated in last month’s blog
The corrupt judicial hubris operating for decades in Cherokee County, Texas is itself anti-constitutional, illegal and un-American. It operates in a cohesive little unit of the same group of elected officials, who often as a diversionary tactic pretend to denunciate each other. Don’t be fooled.
The failed Brian Walker (R) campaign alleged that election Box 36 located in New Hope Baptist Church provided illegal swing votes that pushed incumbent Chuck Hopson (D) over the top to keep the Texas House District 11 seat for Cherokee County. Candidate Walker would have to legally challenge the election results in corrupt Cherokee County court, lose the contest in a tainted jury selection (containing the same old ladies who provided the illegal swing votes) and pay the enormous lawyer fees the Hopson defense team would have incurred. Brian Walker was obviously advised by his own attorneys he faced bankruptcy if he continued to press for an election outcome investigation.
Another reader elaborates:
The Pct. 3 election judge at Jacksonville’s New Hope Baptist Church voting location was more than two hours late turning in her ballots in Rusk when the drive from that location should have taken 15 minutes. The obviously inappropriate actions stink to high heaven of election fixing right there inside Morris’ own church. A 3/18/2009 article in the Cherokeean Herald quotes newly [re]elected State Representative Chuck Hopson of Jacksonville that “he is unaware of any illegal activities in elections in his district” and that, after talking with the registrars in his 4-county district, “they are not aware of any voter fraud in any elections. ”
Hopson says “However, if there is a perception, we need to know about it.” Well what about outright in-your-face doesn’t get any more blatant than your hometown’s Pct. 3 election judge violating election rules and showing up over two hours late to the County Seat in Rusk, TX on election night? In a squeaker election between Hopson and Brian Walker. Do any of us with two simultaneously functioning brain cells expect any voter registrar in the notorious east Texas pineywoods to just say you betcha Rep. Hopson, I can write an encyclopedia about the voter fraud I’ve witnessed in this region. Good grief, maybe you’re gulled but I’m not.
How many Cherokee County property owners know who selects their grand jurors? Behind the much misused veil of secrecy about the grand jury process hides the anti-American fact that here in Cherokee County there is no compunction whatsoever about violating Government Code, Title 5 Open Government; Ethics. Subtitle B. Ethics, Chapter 573. Degrees of Relationships; Nepotism Prohibitions when it comes to choosing their own relatives and close friends to be seated.
A bit off topic, but the Editor agrees that nepotism and corruption go hand in hand. Voter fraud is common in East Texas and the Attorney General’s office more often than not ignores the complaints. Smith County officials and the AG’s office were recently notified of illegal voting activities during the City of Winona’s Wet/Dry Elections according to the Tyler Paper. Ineligible voters outside the city limits were allowed to cast their votes, according to complaints (Source: Tyler Paper June 20, 2009).
Similarly, Liberty County Judge Phil Fitzgerald was under investigation by the Attorney General for allegedly dropping DUI charges on his relatives (Source: Houston Chronicle April 19, 2009). Favoritism and sweetheart deals for relatives of East Texas officials have been going on for decades. There is simply not enough bandwidth on the Internet to document the Good ‘Ol Boy/Biddie network allowing the guilty to remain unaccountable. Their favorite technique with the help of small town prosecutors and newspapers is to blame innocents for the illegal activity they and their family members commit.
Justice of the Peace Precinct 3 James Morris’ open letter to the Attorney General:
Hubris can be defined as blatant arrogance; the misuse of one’s position to commit violence against the knowledgeable and well-informed.
In Cherokee County, that translates into elected officials shaming others for the sole purpose of increasing their own standing within the community. That is why businesses and school teachers are leaving by the droves. Those who have made a living framing innocent people and those who propagate the district attorney’s disregard of the Texas Penal Code are the most dangerous individuals in greater East Texas. Cherokee County district attorney Elmer Beckworth has lied to State legislators, has lied to the Texas Court of Criminal Appeals and lies just as often in quotes from the Jacksonville Daily Progress.
The highest legal authority in Cherokee County has told the Texas District and County Attorney’s Association that the felony bond of one Michael Harris of Jacksonville, TX could not be revoked for repeated violations of protective orders. Beckworth’s office has filed briefs with the highest criminal court in Austin stating that he and his investigator did not seek to have an incarcerated felon’s parole dismissed in exchange for the parolee’s testimony against death row inmates Richard Cobb and Buenka Adams. And when questioned on how an infant molester can be offered probation, the District Attorney’s asinine answer is “because the victim wouldn’t testify.”
Not reported by the Jacksonville Daily Progress – Local mother and son arrested during the investigation of sex assaults on two infants, 1 and 2-years old. Dickie P.Bellanger, 21 and his mother Candi Bellanger, 36 were arrested in Jacksonville, TX on Friday May 22, 2009 after forensics obtained at the East Texas Medical Center showed evidence of ongoing sexual abuse of the two infants in their care. The one-year old showed signs of bruising and rape. After both infants were retrieved from the household by CPS, medical examinations showed evidence of sexual trauma on the two-year old sibling. Dickie Bellanger was charged with two counts each of aggravated sexual assault and injury to a child; his bond was set at $2 million. His mother Candi Bellanger was charged with child endangerment for not reporting the alleged crimes. They both are in custody waiting for their court-appointed attorneys to flip a coin.
Mother and son, Candi and Dickie Bellanger arraigned
The report of the arrest appears out of region in the Tyler TX newspaper. Actually reported by the Jacksonville Daily Progress in 2008: Dickie P. Bellanger was arrested in March 2008 on burglary of a building charges; his felony bond was set at $3500. After throwing himself at the mercy of Cherokee County prosecutors, his burglary charges were dropped.
Now one year later, it takes a newspaper 50 miles away to report the ongoing sexual abuse arrests of more Cherokee County residents. Will district attorney Elmer Beckworth wait until the injured children are old enough to speak before convening a grand jury? Will Cherokee County prosecutors instead have the Jacksonville Daily Progress print yet another conjured account on how the victims’ unwillingness to testify would therefore justify probation at sentencing? Or as current district attorney Elmer Beckworth puts it “because the victim isn’t able to participate in the trial.” (Source Jacksonville Daily Progress)
This is why the Jacksonville Daily Progress refuses to report on the alleged sex assault of two hometown Jacksonville, TX infants. Because the Tyler Paper mentioned the CPS report and medical forensics of the injured children. And local Cherokee County newspapers are programmed to print every lie fed to them by the supporters of the current political structure. Let’s face it folks, their livelihoods depend solely on covering their assets, so actual free and independent press they are not. Last month registered sex offender Kenneth Dexter Folmar, given eight years probation for the aggravated sex assault of a one-year baby girl, was rounded up three years into his deferred adjudication. Folmar was caught with beer cans and sentenced to 50 years in TDCJ by the same District Judge who gave him 8 years probation for raping a one-year old.
The District Attorney’s office continued the lie when word of the Kenneth Folmar probation violation (initially reported as a repeat sex offense) made it to print.
Cherokee County’s district attorney Elmer Beckworth told the Jacksonville Daily Progress that he did in fact speak to the victim before the trial. He spoke to a toddler who couldn’t get her story straight. Therefore the district attorney’s office had no choice but to offer 8 years probation for the sex assault of a 12-month old.
“I remember this case well. In talking with her myself, she was not able to talk about it at all, and when the case came to grand jury she was able to talk about it only minimally,” Beckworth said. (Source: Jacksonville Daily Progress April 26, 2009)
No mention of any medical exams conducted at the ETMC or any CPS investigation leading to the arrest of Kenneth Folmar. Just blatant lies by another Cherokee County elected official claiming to have interviewed a toddler, while ignoring forensics.
They obviously believe they have so much authority because of their hubris, that they can say and do whatever they want. The Rusk Cherokeean Herald and Jacksonville Daily Progress each divvy up the lies and print the story best suited for their supporters. Take for example the May 3, 2009 conflicting reports of the ongoing Robert Fox prosecution. On one hand the Daily Progress reports the City of Jacksonville mayor, chief of police and detectives are somehow at odds with the Cherokee County District Attorney (Source: Jacksonville Daily Progress “Local fringe group has city and prosecutor squaring off”)
The article states that the mayor of Jacksonville Robert Haberle and Police Chief Reece Daniel petitioned the Attorney General to seat a special prosecutor to take criminal legal action against the House of Israel. They cited a lack of confidence with district attorney Elmer Beckworth’s handling of the Robert Fox case, alluding to Fox’s alleged intimidation tactics of filing multiple federal complaints against the county.
A sharp contrast to the same update on the upcoming Robert Fox plea bargain in the Cherokeean Herald. The Herald reports the mayor of Jacksonville simply “requested that the cases [against Robert Fox] be prosecuted more aggressively.” (Source: March 6, 2009 Cherokean Herald “Anti-government group leader is indicted… ”) No mention of the Attorney General.
Before the headline is completed, the lie begins “similar cases have been fielded by district attorneys in Collin, Williamson counties.” Again, this is all smoke and mirrors coming from a corrupt legal system creating fictitious charges in order to justify its own ongoing unethical activity. The charges and indictments of “tampering with a government record and simulating a legal process” against Robert Fox is another penal statute created out of thin air to prevent federal lawsuits from being filed against out of control police departments.
Despite Robert Fox’s failings as leader of the House of Israel prison ministry and as Jacksonville’s chief of police put it, his “voluminous frivolous legal findings and lawsuits in an attempt to intimidate the police, prosecutors and judges” (Source: Jacksonville Daily Progress ), Robert Fox did hit a raw nerve when he challenged the Jacksonville Police Department’s illegal raid on the House of Israel. In a well-articulated (and hard to find) petition for a Franks Hearing submitted by Fox, he clearly points out Cherokee County’s habit of generating a SEARCH WARRANT, prior to establishing genuine probable cause. Fox contends there was no reasonable reason for entry because there wasn’t an existing ARREST WARRANT on file.
The Jacksonville PD was given carte blanche to conduct an open-ended search to find whatever so-called incriminating items they may need within the House of Israel. Without stating verbatim per a bona fide legal SEARCH WARRANT the singularly specific items they were after. The search warrant itself would not stand up in an incorrupt courtroom.
The doors of the House of Israel were knocked down prior to any COMPLAINT being filed with the Cherokee County Clerk. The fact is that in Cherokee County and other small agencies, the district attorney himself composes the SEARCH WARRANT with investigating officers. And Cherokee County’s district attorney makes sure the Municipal Judges signing the Warrant allow for an open-ended search and therefore illegal seizure. Investigators tout confiscating Robert Fox’s legal writings during the multiple raids, claiming the Fox tirades to be pro-Taliban, though nonetheless NOT illegal and NOT part of the scope of the SEARCH WARRANT.
Cherokee County prosecutors realize the legal mess of having the Attorney General’s office scrutinizing an open-ended search, so they must attempt to criminalize Robert Fox’s cantankerous federal motions. Therefore, they and the local newspapers continue to attempt to brand Robert Fox as a dangerous terrorist sympathizer, in order to contaminate the jury pool.
Robert Fox was no-billed on the initial charge of barratry, written in the original arrest by district attorney Elmer Beckworth. Now Beckworth is taking the high road for not prosecuting all the charges against Robert Fox, levied by Beckworth himself? We’re supposed to feel good that the Jacksonville, TX police department stormed the House of Israel without probable cause? To arrest House of Israel members who had earlier been in Cherokee County custody?
Robert Fox’s lawsuits and thus his “records tampering” would have never come to fruition without the increasing unconstitutional harassment of Cherokee County law enforcement. They went after him to make themselves look better. In the Daily Progress, district attorney Elmer Beckworth lays the onus of the bogus charges on the over-zealous Jacksonville police department. The current focus on Robert Fox are his “dangerous” and highly argumentative (though often credible) legal briefs. Fox’s Civil Rights requests must be quelled by the District Attorney and labeled as “tampering with government records” in order for Project Got to Fool ‘Em to succeed.
The corrupt judicial hubris operating for decades in Cherokee County, Texas is itself anti-constitutional, illegal and un-American. It operates in a cohesive little unit of the same group of elected officials, who often as a diversionary tactic pretend to denunciate each other. Don’t be fooled.
If the District Court bailiff has been arrested in McAllen, TX for selling drugs to an undercover federal agent, then both the district judge and district attorney are notified by the Department of Justice. Wouldn’t want the Feds looking at the timecards of rapist cop Larry Pugh or mileage reports of Cherokee County Constable Randy Thompson busted for selling methamphetamines…
You know because Cherokee County had what they call a “lightning rod” for terrorism sitting in the Rusk, Texas jail, unable to post bail or hire an untethered defense attorney from another county. Which is ironic considering the 369th District Court can concoct government records to indicate Constable Randy Thompson as Missing In Action, one day before his federal drug trafficking indictment. Yet the same District Court can put Robert Fox on trial for “tampering with government records” to censor his legal diatribe. And to make sure to get at least one misinformed Texas trial jury to finally criminalize the filing of complaints and legal briefs by American citizens. Without the help of drunken and sycophantic lawyers in the District Attorney’s pocket.
In similar corruption news in neighboring counties where the law is applied appropriately—
TCDJ prison guard Rudolph Regalado was arrested for allegedly hiring a hit man to murder the husband of his girlfriend. Cathryn Lake, the wife of the intended victim was also charged with solicitation for murder. “She was in the process of raising the husband’s life insurance, and we believe that was the main motive behind the plot,” according to investigators. (Source: Tyler Paper May 22, 2009)
In Cherokee County, the murder for remuneration would have resulted in an innocent outside the conspiracy being charged and the district attorney’s office dividing the insurance payouts with state witnesses, the widow and her lover. Similarly, former Cherokee County district attorney Charles Holcomb used the life insurance monies to pay State witnesses in State vs. Terry Watkins. (Source: Cherokeean Herald June 3, 1993)
State licensed firearm instructor Ronnie Cookwas charged with the murder of his wife after a May 13, 2009 standoff with police that lasted three hours. Palestine police had responded to a 911 call that indicated Cook may have shot his 62-year old wife.
Upshur County, TX:
Upshur County school teacher and coach John Cotcha Tiger, 40, of Longview, was sentenced by 115th District Court Judge Lauren Parish on charges of improper relationship between educator and student, and on-line solicitation of a minor, according to news releases. The victim was a 15-year old girl; Tiger was sentenced to two concurrent fifteen year prison terms. Sex assault of a minor charges were dropped, as part of the plea bargain.
Alto ISD PE coach Paul Dixon was indicted earlier this month for having an improper teacher/student relationship. His father, John Paul Dixon was also placed on administrative leave for allegedly interfering with witnesses and the investigation. (Source: Tyler Paper)
City Secretary Patty McMillian Cooper , 63 of Troup, TX was fined and placed on probation for theft of city funds on March 27, 2007. She stole over $84,000 over a four year period. On Sunday, April 12, 2009 she was rearrested for theft of funds from another previous employer, Tyler, TX based Williams Law Firm. She is out of Smith County Jail on a $100,000 bond. Theft of city funds is pretty common in the Piney Woods. (Source: Tyler Paper April 13, 2009)
Shelby County, TX:
Shelby County Sheriff Deputy Lana Sue “Susie” Calhoun , 49 of Timpson, was arrested for DWI by the DPS after a wreck in Garrison, TX. Sources indicate she had previously worked as a Nacogdoches County jailer and campus police for Stephen F. Austin State University. (Source: Longview News-Journal May 8, 2009)
Two female Gregg County jailers have been arrested for assisting in the jail break of two inmates last week. Gracie Carrillo, 20 and Yvonne Oliver, 25 both from Longview, were charged with facilitating the escape of convicted murderer Desmond Jackson and murder suspect Bruce Kelly last Tuesday from the Gregg County jail. Carrillo and Oliver each face second and third degree felony charges. (Source: Tyler Paper May 23, 2009)
April is Child Abuse Prevention and Awareness month in Texas, and has been proclaimed as such by the county judge in Cherokee County. Are citizens aware that another sex offense arrest has recently occurred by a registered sex offender on probation? County officials are most certainly ‘aware’ of it.
Posted in February 2008: District Attorney gives probation to Rusk, Texas infant molester; Cherokee County newspapers never reported it.
Criminal Docket; Case 16209 ; AGG SEXUAL ASSAULT CHILD
THE STATE OF TEXAS vs FOLMAR, KENNETH DEXTER (DOB: 02/08/1963)
Filed 08/23/2005 – Disposition: 11/16/2006: 8 years deferred adjudication in the 2nd District Court, Cherokee County, Texas
Victim’s age: 1
(Source: Texas Offender Registry and Family Watchdog)
Now a registered sex offender on probation and living within the community has been arrested again for what has been reported as the sex assault of a child. And again the local newspapers have buried the story in a slew of Cherokee County arrests for the time period of March 24 through March 30, 2009. (Source: Jacksonville Daily Progress April 5, 2009)
Rusk, TX: Registered sex offender Kenneth D. Folmar, who had been on probation given to him by the Cherokee County District Attorney, has been arrested for another child sex assault charge. Or has he? Kenneth “Kenny” Folmar, now 46, was serving eight years deferred adjudication for the Aggravated Sexual Assault of a one-year baby girl. He had been arrested in 2005 from the earlier incident and had prior drug possession convictions. His bond has not been set (Source: Jacksonville Daily Progress).
Kenneth Dexter Folmar
Apparently the decision has been made decades ago that it is in the interest of the county to roll out the Welcome mat to sex offenders, in order to pilfer their probation dues. Remember, it is never in the interest of the children in Cherokee County, despite the propaganda pieces designed to shift attention and blame elsewhere. The Tyler Paper reports that Cherokee County officials and the local CPS declare April as “Child Abuse Awareness Month.” No mention of the paltry budget Cherokee County’s Child Protective Services must compete with in the Commissioner’s Court, against stocked catfish ponds, paving private driveways and contributions to everybody’s hush funds.
The lie is that Cherokee County officials actually want to decrease the incidents of child abuse and child rape within the community, when in reality it is a source of income for the county coffers. Why would the district court place an individual such as the one above on monthly probation without treatment -even for the sex assault of an infant complete with pictures probably, when they are totally cognizant of the recidivism rate? Is it because they are arrogant and simply don’t care? Or is it that they would rather play small town politicians by conducting Blue Ribbon ceremonies to convince voters that Cherokee County officials are not making a living off the [repeated] sex offenses within the community?
The other lie is that “prosecutors’ caseloads are too large.” If that were true, why are they signing up sex offenders and opening up halfway houses all across the county?
Kenneth Folmar’s recent arrest and age of the alleged victim has of course been buried by local media outlets, as they always do when the actions of allies of elected officials are too unsavory to print. Because sex offender Kenneth Folmar was not originally incarcerated (but instead granted probation and thus making him a monthly payment depositor into Cherokee County’s Corrections and Supervision account) he was free to in essence repeat his offense. There’s no telling what this guy has been doing.
Quite frankly, if convicted sex offenders are sent off to prison, they won’t be making monthly payments to the county. Is this why the Cherokee County district attorney recommends probation rather than incarceration in order to keep sex offenders’ monthly supervision fees at the county’s disposal? Would those who join in for the propaganda on the Rusk courthouse steps manage to shrug off complacency about the district attorney’s motives if the child preyed upon was their own?
If Cherokee County prosecutors possessed even an iota of genuine morality, the most egregious sex offenders wouldn’t be able to enrich the county coffers with Probationers’ payments because they would be in prison. Instead, prosecutors’ actions clearly show they are willing to risk pedophiles’ repeat offending in order to ensure continued deposits of local sex offenders’ money into county-owned and operated bank accounts.
If Cherokee County news agencies and their supporters possessed even a smidgen of integrity, they would be demanding resignation letters instead of celebrating and “blowing bubbles” on the Rusk courthouse lawn (Source: Tyler Paper).
A quick search of Texas jail records shows the other Cherokee County sex offenders on probation who have recently violated their community supervision orders. Sex offenders in the area on probation who have been arrested and/or absconded as of April 10, 2009:
- “Gary” Michael Morrison, b. 10/24/1957 Alto TX, aggravated sexual assault of a 12-year-old female; currently in the Cherokee County TX jail.
- Matthew Isiah White, b. 10/01/1988 Bullard TX, indecency by exposure involving a 15-year-old female; failure to register in Smith County TX.
- Christopher Steven Golman, b. 10/03/1972 Gallatin TX, aggravated sexual assault of a disabled 39 year-old female. Arrested in 2000 by Smith County authorities for public intoxication; transferred to TDCJ Michael Unit.
- John Keith Glenn, b. 7/16/1982 Jacksonville TX, aggravated sexual assault of an 8-year-old female; failure to register.
- Kevin Lynn Hawes, b. 10/29/1963 Jacksonville TX, aggravated sexual assault of a 15-year-old; probation violation sentenced to TDCJ.
- Christopher Michael Hennessy, b. 9/16/1980 Jacksonville TX, sexual assault of a 15-year-old female; absconded and sentenced to TDCJ.
- Paul Arlen Taylor b. 9/30/1955 Jacksonville TX, indecency by contact of a 13-year-old female; incarcerated in TDCJ.
- James William Hammons, Sr. b. 9/21/1960 Rusk TX, 8 years probation in 1998 for aggravated sexual assault of a 13-year-old female in Cherokee County; in 2008 drug possession in Cherokee County -sentenced 2 years State Jail time by district attorney. Currently incarcerated in Orange County jail.
- Jason Bradley Fears, b. 11/17/1988 Bullard TX, 3 ½ years State Jail for sex assault of 7-year old male in Cherokee County; recent failure to register- verified by Smith County, TX.
(Source: online Texas DPS Sex Offender Registry)
This is how Cherokee County operates: County officials generating misinformation while the local newspapers ever so cleverly hide the factual sex offense statistics from the public. They would rather dance around the courthouse blowing each other kisses, days after another child has been molested under their collective noses and on their watch. Days after an innocent child is sewn up in the hospital, they’ll blame the “harder economic times” for the “alarming rate of child abuse ” instead of the current Cherokee County District Attorney deliberately setting the stage for repeat sex offenses. (Source: Jacksonville Daily Progress)
As a footnote, the Jacksonville Daily Progress published an unprepared and unrehearsed rebuttal for the initial light sentencing of Kenneth D. Folmar, citing a “probation violation” for the more recent incarceration. They also report Kenneth Folmar was sentenced to 50 years confinement for “violating” the terms of his probation. The original presiding judge who accepted the initial deferred adjudication also presided over the revocation.
The Daily Progress has not issued a correction notice for the Cherokee County arrests for the week of March 24 through March 30, which initially reported Kenneth Folmar’s arrest as “aggravated sexual assault of a child.” As opposed to yet another sex offender not mentioned in either article, but again buried within the Jacksonville Daily Progress’ list of Cherokee County arrests for the time period April 14 through April 20, 2009: Cheney La-Vaughn Carter, dob. 2/1/1966, sex assault of 15 yr. old girl; given 10 yrs. probation. Carter is currently sitting in Cherokee County, TX without bond for violation of his (sex offense) probation.
No spur-of-the-moment articles have been printed explaining the Cheney Carter probation revocation. The Kenneth Folmar story on the other hand, had been up to this point completely ignored and buried. Of course, like clockwork, the big lie the local media, the Cherokee County District Attorney and district court would have their loyal readers believe is that the victim is to blame for not being willing to go to trial. Even in the case of an infant.
According to district attorney Elmer Beckworth
I remember this case well. In talking with her myself, she was not able to talk about it at all, and when the case came to grand jury she was able to talk about it only minimally,” Beckworth said. “With her inability to talk about it, I knew we were on real shaky ground. We went ahead and took the plea because there was the huge likelihood of him being found not guilty or even possibly of a directed verdict. (Source: Jacksonville Daily Progress)
The DPS sex offender registry actually lists the female victim as being a one-year old infant. Who are you gonna believe? Sex offenses by their very nature are prosecuted everyday without the trial testimony of the victim, or in the case the district attorney is referring to – a toddler who was molested while she was an infant. So they postponed Folmar’s indictment and dragged the case out until she learned how to baby talk? The offense occurred in 2002; Folmar was formally charged 3 years later.
Attention Daily Progress: You need to verify your timelines. You are being lied to again.
View the Kenneth Dexter Folmar sex offender registry and victim’s age at: https://records.txdps.state.tx.us/DPS_WEB/Portal/index.aspx for a comparison of Fact Versus Fiction. The Sex Offender Regristry reports everything down to the shoe size of the offender.
Instead of being honest and admitting the Kenneth Folmar molestation wasn’t of any political interest to the district attorney’s office in 2005, Elmer Beckworth discloses the State’s prosecutorial strategy:
The only reason people ever get probation for the aggravated sexual assault of a child is because the victim isn’t able to participate in the trial. It can be very aggravating as a prosecutor to be in a situation like this where the whole case falls apart because the victim’s ability to testify has been compromised. (Source: Jacksonville Daily Progress)
Sounds like excuse-making by the same people who offered these indigent offenders their original lenient plea bargains. These probationers were rushed through the Cherokee County court system for admitting their guilt and willingness to contribute to the county payroll via Adult Supervision fees. You, the lowly taxpayers are supposed to believe that Kenneth Folmar’s nondisclosed court appointed counsel worked out his initial probation agreement with the district judge without Elmer Beckworth’s recommendations.
It is the prosecutor who offers “adjudicated probation,” not the defendant’s lawyer. Plus the defendant must agree to a guilty or no-contest plea. The conviction remains on the defendant’s record and in the case of a sexual assault, the defendant agrees to be registered as a sex offender for life. In the case of Kenneth Folmar, he pleaded guilty and agreed to everything Elmer Beckworth offered him.
This type of justification for probated child molesters is more like a ‘How-to-Guide.’ Local sex offenders will be even more emboldened now if they heed the District Attorney’s advice: if their victims are young enough and afraid enough not to testify, then the district judge will agree to a probated sentence.
The district attorney is saying the statements from arresting officers, examining doctors, and CPS specialist investigating the sex offense of an infant in Cherokee County simply won’t pass the litmus test for going to trial. Or the statements from those who caught the perpetrator in the act. Or any forsenic evidence for that matter. As if hearsay, innuendos and complete fabrication of evidence has never been enough to summon a petit jury in Cherokee County, Texas.
The fact is the district attorney’s focus has been on parading fictitious bail requirements in Austin (according to the ‘Faye Harris amendment’) during the same time period the majority of the sex offenders were shunted through their plea bargains. And just like Michael Harris (the man on felony bond who murdered his wife because her protective orders were not enforced) these offenders have struck again repeatedly. It was in 2005 that Jacksonville police officer Larry Pugh was on patrol and raping women at gunpoint.
Again, which are you gonna believe? That a 3-year old victim was actually called to a Cherokee County grand jury to testify what happened to her before her first birthday? Or the District Attorney’s advice to sex offenders on how to avoid prison?
The only reason people ever get probation for the aggravated sexual assault of a child is because the victim isn’t able to participate in the trial. (Quote from the Jacksonville Daily Progress.)
Project Got to Fool ‘Em Again is in full deployment this Month.
Alto ISD coach accused of improper relationship with student. Houston County bailiff and sheriff investigator indicted. DPS Sergeant booked for indecency.
Alto, TX: Alto ISD coach Paul Dixon is currently under investigation by authorities for having an alleged improper teacher/student relationship with an underage girl. Coach Dixon, age 37, turned in his resignation last week in response to allegations of text messaging a female student. Another “unnamed” Alto ISD faculty member has also resigned for allegedly obstructing the investigation. Teacher/student improprieties can be prosecuted as 2nd degree felonies under current Texas law.
Alto ISD coach Paul Dixon
Crockett, TX: Tyler’s federal court has indicted two Houston County sheriff deputies for an alleged civil rights violation occurring in the Davy Crockett National Forest. District court bailiff Charles James Clark and narcotics investigator Henry Doyce Gresham, Jr. are both charged with conspiracy and assault of a Crockett, TX man the pair allegedly TASERED and left for dead out in the National Forest in July 2008. The two Houston County deputies, Clark age 63 and Gresham age 50, are on administrative leave pending their federal trial. No need for a pseudo-concerned citizen and buddy-buddy district judge to call an urgent removal hearing for this bailiff and narcotics officer, a la’ Randall Thompson.
Rusk, TX: Cherokee County DPS Sergeant Thomas Bledsoe was suspended with pay Friday March 20, 2009 from an indecent exposure arrest earlier the previous month. Sgt. Bledsoe allegedly pulled his pants down and flashed a female DPS employee on February 3rd. He was moved from the Cherokee County office in Jacksonville to the Palestine, TX DPS office after the initial complaint. The Department of Public Safety is investigating the incident.
Nationwide: March 15 through March 21 is National Sunshine Week. Sponsored by the American Society of Newspaper Editors, National Sunshine Week recognizes the importance of an open government and the public access of information.
Child porn, sex assault, aiding and abetting arrests of Cherokee County school faculty. Medical Board reprimands equal bad medicine.
This month: Lon Morris coach Barry Griffin pleads guilty in federal court of child porn possession and distribution in Cherokee County. Troup ISD coach fired for texting students; second Troup teacher arrested for hiding fugitive in classroom. Rusk ISD nurse arrested for sexual assault and having an unlawful relationship with a student.
Any of this sound familiar? All this disgusting behavior in local schools during the last week of January 2009. This is why parents should think twice about relocating into this area and having their children attend Cherokee County schools, either private or public.
Lon Morris College golf coach Barry Dean Griffin faces ten years in federal prison and an unsympathetic US Attorney’s office in Tyler, TX. According to the Tyler Paper
Assistant U.S. Attorney Mary Ann Cozby said the defendant’s sentencing guideline range could be enhanced because the child pornography involved children younger than 12, involved sadistic and masochistic material and involved more than 600 images.
Griffin is incarcerated pending his sentencing date. He was arrested last year after his Jacksonville, TX home was raided by a task force composed of the Longview TX police department and the Department of Justice. The Cherokee County District Attorney’s office and Lon Morris Board of Trustees were unavailable for comment.
Rebecca D. Blankinship a.k.a. the district nurse at Rusk ISD was charged with two felony counts of sexual misconduct with a student. “Becky” Turlington Blankinship, a recent Rusk High graduate, bailed out of Cherokee County jail on January 27, 2009 after posting two $25,000 felony bonds. In the vested interest of the little community, the Cherokee County District Attorney’s office did not release names or sordid details. Or to avoid embarrassing the Third Grade class taught by the offender’s mom? The district attorney always can be counted on to protect the local bridal shower committee, consisting of all the above and investigators’ wives. Especially in cases of incest or homo-erotism. Guess the field trip to the courthouse will be canceled this year.
In Troup, TX, the school district suffered a double blow last month with the resignation of a coach after text messages to a student were discovered. A teacher’s aide was arrested for hiding her wanted sister in a classroom. Again, names have been withheld to protect the guilty.
In 2005, Troup ISD coach Samuel “Tony” Sutton was arrested for sex assault on two female students which he originally denied. Sutton had worked for one year for Troup ISD and was hired by the current superintendent Marvin Beaty. DNA matches from Coach Sutton’s saliva were found in two students’ ears. Sutton faced additional and separate rape and aggravated assault charges in Smith County and was eventually sentenced to 35 years. Another black male pleaded guilty and was sentenced to 15 years for participating in one of the sex assaults.
The mother of one of Sutton’s female victims spoke out about the hiring process of the Troup ISD, a process defended by the Troup ISD superintendent during the trial. (Source KLTV)
In February 2006, Alto, TX ISD principal Charles Weeks was fired after six months on the job. The then Alto ISD superintendent Lawayne Sheffield “declined to release the reason for Charles Weeks’ termination.” Local newspapers followed suit, leaving room for speculation. (Source Daily Progress)
The Golden Rule : Lie through your teeth and get away with it.
The lesson to be learned from Cherokee County educational institutions is that this behavior is a direct result of the so-called highest legal authorities operating in Rusk, TX. District court bailiff Constable Randal Thompson was recorded by federal authorities during a drug sting threatening to kill any and everyone attempting to stop him from bringing drugs from the Mexican border into Cherokee County. Jacksonville police officer Larry Pugh dragged a federal witness into a van with a belt around her neck because she went to authorities after she was repeatedly raped by him at gunpoint. Other witnesses against the Jacksonville, TX police department have simply ‘vanished’ even after their remains have been found in neighboring counties.
Let’s not forget District Attorney Elmer Beckworth lying to State Legislators in 2005 on how he couldn’t rescind the bond of one Michael Harris, prior to Harris murdering his estranged wife Faye Bell Harris- not because Michael Harris was a drug snitch for Beckworth’s investigators and because Cherokee County never filed a protective order against Harris. No, it was because the Texas Constitution somehow would not allow Felony Bail revocation during escalating and repeated domestic violence. Similarly, Cherokee County CAN set the bail for parole violators such as Brandon Robertson, even though Robertson was stopped with a gun and crystal meth by the DPS. Is it any wonder respectable teachers are fleeing the county and resigning in droves? What about victims of domestic violence committed by members of the Rusk Chamber of Commerce? What about the men and women beaten up during the Tomato Bowl Riot of 2004 being put on trial- while the arresting officer / State Witness is sitting in a federal holding block on multiple Rape and Retaliation charges?
What about $25,000 being stolen from the post office in Alto, Texas by a US Post Master? What about the missing $150,000 stolen from the Rusk, Texas Water Department?
Outsiders begin to make sense why the smallest county in the area has the worst voter fraud and minority rights violations in the State. This is where sexual deviants, wife beaters and licensed professionals with multiple disciplinary actions can reside under the radar. It is a place where unlicensed police officers such as Michael Meissner can be hired to conduct surveillance on political enemies. And drunks, pedophiles and purveyors of child porn can participate in Elmer Beckworth’s jury pools. Many of these jury members have faced or are facing criminal charges themselves, unless they follow the district attorney’s lead. You can bet they are the best friend a prosecutor could ever have, because they will say and do just about anything to taint the entire judicial process. In Cherokee County, TX, that isn’t an understatement.
Elmer Beckworth and his former investigator Randy Hatch made good friends with a convicted felon who testified against soon to be executed death row inmates Richard Cobb and associate Buenka Adams. So good, they both wrote a letter to the convict’s parole officer and would’ve written the governor for a pardon if need be. Another caveat Cherokee County newspapers wouldn’t dare share with its readers.
Cherokee County is a haven for those seeking a refuge from licensing authorities and willing to take a 200% cut in salary. If these “doctors, lawyers and such” play the game just right, they’ll be lauded for decades in the newspapers even though their professional degrees aren’t worth the paper they wipe with.
Let’s make a quick recap of Rusk, TX’s beloved medical professionals reprimanded and/or suspended by the Texas Board of Medical Examiners, yet given oodles of accolades by the Rusk Cherokeean Herald over the years:
• CALDWELL, TROY A. JR., M.D., Rusk, TX, Lic. #E8372
An Agreed Order was entered on 12-7-01 suspending the physician’s license; however, the suspension was stayed and the physician was placed on probation for five years under certain terms and conditions. Action due to nontherapeutic prescribing or treatment.
• PEYTON, JOHN C., M.D., Rusk, TX, Lic. #D5152
On November 30, 2007, the Board and Dr. Peyton entered into an Agreed Order publicly reprimanding Dr. Peyton, prohibiting him from having hospital privileges, and requiring that he take and pass the Medical Jurisprudence Examination; obtain eight hours of continuing medical education in medical record-keeping; and that he pay an administrative penalty of $500. The action was based on his failure to adequately attend to his hospital patients by making his daily rounds and responding to nursing pages for which he was subsequently disciplined by the hospital.
• MEHARRY, LEROY IRWIN, M.D., Umatilla, OR (formerly Rusk, TX), Lic. #F4955
On April 7, 2006, the Board and Dr. Meharry entered into an Agreed Order publicly reprimanding Dr. Meharry and requiring him to comply with all terms and conditions imposed by an Order of the Oregon Board of Medical Examiners. The action was based on the action of the Oregon Board in disciplining Dr. Meharry for issues relating to prescribing and dispensing of controlled substances to staff and family members without proper documentation and controls.
• MEHARRY, ROGER ALVIN, M.D., Austin , TX (formerly Rusk, TX), Lic. #E5172
Action Date: 08/17/1996
Description: 8-17-96: ORDER ENTERED GRANTING TERMINATION OF ORDER DATED 2-22-91. LICENSE IS FREE AND CLEAR OF ANY PREVIOUS RESTRICTIONS.
Action Date: 08/18/1995
Description: . 8-18-95: ORDER ENTERED GRANTING MODIFICATION OF ORDER DATED 2-22-91 AS FOLLOWS: REAPPLY FOR DEA & DPS CERTIFICATES.
Action Date: 08/19/1994
Description: AGREED ORDER 8-19-94 DR. MEHARRY’S PREVIOUS 1991 BOARD ORDER WAS EXTENDED FOR 2 YEARS. ACTION DUE TO UNPROFESSIONAL OR DIHONORABLE CONDUCT, AND PROFFESSIONAL FAILURE TO PRACTICE MEDICINE.
Action Date: 02/12/1993
Description: ORDER 2-12-93 REQUEST TO REAPPLY FOR CONTROLLED SUBSTANCES DENIED
Action Date: 06/17/1992
Description: AGREED ORDER 6-17-92 ALLEGED VIOLATION OF PATIENT CONFIDENTIALITY GIVEN PUBLIC REPRIMAND.
Action Date: 01/22/1991
Description: ORDER 1-22-91 DUE TO ALLEGATIONS OF PRESCRIBING CONTROLLED SUBSTANCES TO KNOWN USERS, INSUFFICIENT DOCUMENTATION ON MEDICAL RECORDS, WRITING FALSE PRESCRIPTIONS. PROBATION FOR 5 YEARS. SHALL NOT PRESCRIBE NONTHERAPEUTICALLY. SHALL NOT PERMIT AN UNLICENSED PERSION TO TELEPHONE A PRESCRIPTION IN TO A PHARMACY. MAINTAIN A FILE OF PRESCRIPTIONS WRITTEN FOR CONTROLLED SUBSTANCE 2 WEEK PRECEPTORSHIP TO BE COMPLETED WITHIN 12 MOS. MAINTAIN ADEQUATE MEDICAL RECORDS. 50 HRS. CME PER YEAR. SHALL APPEAR TWICE ANNUALLY BEFORE THE BOARD.
(Source Texas Board of Medical Examiners)
Texas House of Representatives District 11:
Voter fraud is a crime against our most sacred rights as Americans. In Cherokee County incumbents can rely on benign looking old ladies volunteering at the voting booth to falsify election results in their favor. Their job is to pervert the outcome of every election, no matter how inconsequential the political position. They’ve been doing it for decades and it is the same type of blue-haired biddies every election cycle. However, when they defraud the outcomes of Congressional elections, results affect the entire State.
Another election in the crapper thanks to Cherokee County voter fraud. That’s their track record and we’ve been reading about it since the days of Lyndon B. Johnson. Apparently ballot voting in this region is tongue-in-cheek and the Attorney General’s office is complacent with election results. As an added bonus, elected officials quickly register bogus ballot counts and the local media reports the counterfeit results before the Secretary of State can certify the election. Even in the age of mandatory electronic voting.
Terrorist organizations such as Hamas and Hezbollah harbor their rogue activities from reprisal by sheltering them within houses of worship and schools. They know public opinion will be in their favor by stationing themselves within these sanctuaries and they are free to conduct their assault on Freedom. Similarly, the Cherokee County Commissioner’s Court, County Judge, et al have chosen the community churches as the best places in which to conduct voter fraud while cloaked behind the facade of presumed benevolent and guileless environments.
(Source: Cherokee County Commissioners Court October 14, 2008 meeting)
Published Cherokee County, TX polling locations by precinct on the county Public Meeting Notice:
#10, Northeast, Rusk Civic Center
#11, East Rusk, Blount Chapel Baptist Church
#12, North Rusk, Gallatin Community Center
#13, North Maydelle, First Baptist Church
#14, Southeast Jacksonville, Corinth Baptist Church
#15, Ward #3 City of Jacksonville, Tyler St. Baptist Church
#16, Dialville, Dialville Methodist Church
#23, South Rusk, Salem Baptist Church Hwy 241
#24, Rusk, Cherokee Civic Theater in Shriner Bldg/5th St.
#25, Wells,City Fire Station
#26, East Alto, Calvery Tabernacle United Pentecostal Church
#27, West Alto, City Fire Station Hwy 21
#28, South Maydelle, Assembly of God Church
#29, Forest Baptist Church
#32, Mt.Selman Baptist Church
#33, Reese Community Center, Hwy. 175
#34, Mixon First Baptist Church
#35, Cove Springs Baptist Church, Hwy 175
#36, S W Jacksonville, New Hope Baptist Church FM 747
#37, Mt. Haven CME Church
#38, Ward #2, City of Jacksonville Activity Center Peoples Street
#42, Ward #1, City of Jacksonville Old Elberta St. School
#43, Ward #4, City of Jacksonville Public Library
#44, Northeast Jacksonville Tecula Baptist Fellowship Hall
#45, New Summerfield First Baptist Church
#46, Pleasant Hill Blackjack Baptist Church
#47, Ponta First Baptist Hwy 110
#48, Concord Presbyterian Church, CR 4705 FM 856
Like a fundamentalist terrorist, these seemingly gentle old church moms would cut your head off as soon as your back was turned. They are the backbone of the culture of corruption and they volunteer their time to keep their kith and kin in office. When the biddies aren’t busy listening in on private phone conversations for the district attorney’s office, they’re stuffing ballot boxes and filling out fake provisional voter registration cards. And tossing out challengers’ votes as fast as shucking peas.
Incumbent State Representative and Jacksonville, TX resident Chuck Hopson (D) ‘won’ the November 4th Texas House District 11 race by this same tried and true technique. Hopson’s opponent challenged the results and requested a supervised recount. A senior citizen election official squeaked out an extra 104 votes during the December recount and Cherokee County’s incumbent State Representative was sent back to Austin for another term. Chuck Hopson, a conservative Democrat and honorable politician in his own right defends the blatant voter fraud and corrupt election process from his hometown district. Texas House District 11 is composed of Henderson, Panola, Houston and Cherokee County. Hopson’s challenger was Republican Brian Walker of Panola County, TX.
TX HD 11
On election night and after a “recount,” Rep. Hopson’s home district in Jacksonville, Texas – Precinct 36, or “Box 36,”provided the 100 + fraudulent votes needed to save his seat. Challenger Brian Walker had been ahead of Hopson on election night, until Box 36 came strolling in three hours after the polling booths closed, giving Hopson the votes to remain in office. Polling place No. 36 is located in on FM 747 in South West Jacksonville at the New Hope Baptist Church. Go figure.
Because the blatant mislabeling of ballot boxes was being questioned by the Walker campaign, the Cherokee County Commissioner’s Court rushed to form a canvas board of local relatives of the election judges.
Candidate Brian Walker petitioned the Texas House of Representatives for a recount and an investigation. Walker’s formal request contends Cherokee County acted in violation of Texas electoral procedures and allowed fraudulent provisional votes to be cast for the incumbent. At the same time, other votes in his favor were tampered with and/or discarded. The bulk of tossed out votes were overseas ballots of service men and women with legal residency in Cherokee County. Before the Texas House of Representatives convened to hear the petition, Walker withdrew his request for a formal hearing.
Brian Walker contested the certification of the election that Cherokee County is in violation of the Texas Election Code. These are election laws broken by election officials:
NUMBER ONE: 900 cast votes, enough to swing the close election, were never properly sealed nor locked once Cherokee County was notified of a recount. These ballot boxes remained with members of the Hopson camp until they were subpoenaed.
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 66. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION
Sec. 66.058. PRESERVATION OF PRECINCT ELECTION RECORDS.
(a) Except as otherwise provided by this code, the precinct election records shall be preserved by the authority to whom they are distributed for at least 22 months after election day.
(b) For a period of at least 60 days after the date of the election, the voted ballots shall be preserved securely in a locked room in the locked ballot box in which they are delivered to the general custodian of election records. On the 61st day after election day, the general custodian of election records may:
(1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and
(2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.
(b-1) Except as permitted by this code, a ballot box or other secure container containing voted ballots may not be opened during the preservation period.
(c) If during the preservation period an authorized entry is made into a ballot box or other secure container containing voted ballots, when the purpose for the entry is fulfilled, the box or container shall be relocked or resecured, and the box and key or secure container returned to the custodian.
(d) A custodian of a ballot box or secure container containing voted ballots commits an offense if, during the preservation period prescribed by Subsection (a), the custodian:
(1) makes an unauthorized entry into the box or container; or
(2) fails to prevent another person from handling the box or container in an unauthorized manner or from making an unauthorized entry into the box or container.
(e) An offense under Subsection (d) is a Class A misdemeanor.
(f) The records in ballot box no. 4 may be preserved in that box or by any other method chosen by the custodian. If the records are removed from the box, they may not be commingled with any other election records kept by the custodian.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 2, eff. June 15, 2007.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 18, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 40, eff. Jan. 1, 2004.
Acts 2005, 79th Leg., Ch. 950, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 2, eff. June 15, 2007.
NUMBER TWO: The election judge of Representative Hopson’s home district was not appointed in accordance to the Texas Election Code; rather she is a Chuck Hopson “volunteer.” This election judge was not on the roster authorized by the Cherokee County Commissioner’s Court.
TITLE 3. ELECTION OFFICERS AND OBSERVERS
CHAPTER 32. ELECTION JUDGES AND CLERKS
SUBCHAPTER A. APPOINTMENT OF ELECTION JUDGES
Sec. 32.001. PRESIDING JUDGE AND ALTERNATE FOR EACH ELECTION PRECINCT. (a) A presiding election judge and an alternate presiding judge shall be appointed for each election precinct in which an election is held.
(b) The alternate presiding judge shall serve as presiding judge for an election if the regularly appointed presiding judge cannot serve.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 32.002. JUDGES FOR COUNTY ELECTION. (a) The commissioners court at its July term shall appoint the election judges for each regular county election precinct.
(b) Judges appointed under Subsection (a) serve for a term of one year beginning on August 1 following the appointment, except that the commissioners court by order recorded in its minutes may provide for a term of two years.
(c) The presiding judge and alternate presiding judge must be affiliated or aligned with different political parties, subject to this subsection. Before July of each year, the county chair of a political party whose candidate for governor received the highest or second highest number of votes in the county in the most recent gubernatorial general election shall submit in writing to the commissioners court a list of names of persons in order of preference for each precinct who are eligible for appointment as an election judge. The county chair may supplement the list of names of persons until the 20th day before a general election or the 15th day before a special election in case an appointed election judge becomes unable to serve. The commissioners court shall appoint the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the highest number of votes in the precinct as the presiding judge and the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the second highest number of votes in the precinct as the alternate presiding judge. The commissioners court may reject the list if the persons whose names are submitted on the list are determined not to meet the applicable eligibility requirements.
(d) The county clerk, after making a reasonable effort to consult with the party chair of the appropriate political party or parties, shall submit to the commissioners court a list of names of persons eligible for appointment as presiding judge and alternate presiding judge for each precinct in which an appointment is not made under Subsection (c). The commissioners court shall appoint an eligible person from the list who is affiliated or aligned with the appropriate party, if available.
(e) The commissioners court shall fill a vacancy in the position of presiding judge or alternate presiding judge for the remainder of the unexpired term. An appointment to fill a vacancy may be made at any regular or special term of court. Not later than 48 hours after the county clerk becomes aware of a vacancy, the county clerk shall notify the county chair of the same political party with which the original judge was affiliated or aligned of the vacancy. Not later than the fifth day after the date of notification of the vacancy, the county chair of the same political party with which the original judge was affiliated or aligned shall submit to the commissioners court in writing the name of a person who is eligible for the appointment. If a name is submitted in compliance with this subsection, the commissioners court shall appoint that person to the unexpired term. If a name is not submitted in compliance with this subsection, the county clerk shall submit to the commissioners court a list of names of persons eligible as an appointee for the unexpired term. The commissioners court shall appoint an eligible person from the list who is affiliated or aligned with the same party, if available.
(f) Subject to Section 32.003, the judges appointed under this section shall serve in each election ordered by the governor or a county authority in which the regular county election precincts are required to be used.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 8, 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 1999.
Acts 2005, 79th Leg., Ch. 89, Sec. 1, eff. September 1, 2005.
NUMBER THREE: Of all the electronic and more accurate voting machines, Hopson’s home precinct relied on paper ballots, based upon a “malfunction” that was never reported. In typical Cherokee County fashion, polling places allowed bystanders access to ballot boxes, while feigning a ‘friendly good old fashion’ political setting. Cherokee County remains off the map as county officials will not allow the Texas Election Administration Management (TEAM) system access to its fraudulent votes. Cherokee County prefers to remain in the dark ages instead of implementing a secure computerized voter management system. They get a kick out of submitting falsified voter returns.
TITLE 13. RECOUNTS
CHAPTER 214. COUNTING PROCEDURES
SUBCHAPTER A. MANUALLY COUNTED BALLOTS
Sec. 214.046. TEST OF PROGRAM AND EQUIPMENT. (a) After the time set for beginning an electronic recount but before the recount is made, the recount tabulator shall conduct a test of the program and equipment in the same manner as the test that is conducted immediately before an original count of ballots for an election. Each person entitled to notice of the recount or the person’s representative at the recount is entitled to examine the program and the test materials on request.
(b) If the test is unsuccessful, the recount tabulator shall notify the recount committee chair, who shall notify the recount supervisor, and the supervisor shall investigate the cause of the test’s failure. The electronic recount may not proceed until a test is successful on the equipment used for the first test or on other equipment selected by the supervisor.
(c) If the recount supervisor determines that the program is defective, the supervisor shall inform the person requesting the recount or the person’s agent. The person requesting the recount may notify the supervisor:
(1) to have the ballots recounted manually; or
(2) to attempt to correct the program so that an electronic recount may be conducted with the corrected program.
(d) A recount using a corrected program may not be made unless the tabulation supervisor of the central counting station or the presiding election judge of the polling place at which the ballots were counted, as applicable, and the person who prepared the program sign a written statement indicating that the original program is defective. If the statement cannot be obtained, the recount supervisor shall have the ballots recounted manually.
(e) If a recount using a corrected program is to be made, the original program shall be preserved without change and a complete new program shall be prepared. The original set of test materials shall also be preserved without change and a complete new set shall be prepared if the original set is unsuitable for testing the corrected program.
(f) The recount supervisor shall obtain from the person who prepares a new program a signed statement that the program was prepared by the person, with the date of preparation and the person’s address shown on the statement. The new program, the preparer’s statement, and the test materials used for verification shall be preserved in a sealed container in the same manner and for the same period as the original program.
(g) The costs of a recount under Subsection (c) may not be assessed against a person regardless of its outcome. If other precincts are included in the same recount document, the assessment of the costs in the other precincts shall be determined by the overall outcome in all precincts included in the document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 224, eff. Sept. 1, 1997.
NUMBER FOUR: On election night November 2nd, the ballot box from Rep. Hopsons’ home precinct arrived at the courthouse at 9:45 pm – nearly three hours after the polls had closed. This voting precinct is twenty minutes from the courthouse in downtown Rusk, TX. The election judge gave different accounts of why she was late for vote tally.
NUMBER FIVE: The ballot box from Rep. Hopson’s home voting precinct, as well as others throughout Cherokee County, was a plain cardboard box, not a padlocked metal container as required by Code. After election night and prior to the physical recount, all boxes’ seals had been removed and tampered with.
NUMBER SIX: Cherokee County, TX refused software tests and calibration of its voting machines prior to the December recount.
NUMBER SEVEN: Rejected ballots were never provided for scrutiny.
NUMBER EIGHT: Every ballot register the County Clerk certified was falsified; all 31 voting precincts in Cherokee County had different totals certified than were actually serialized on the boxes. Many precincts failed to record the actual amount tallied on election night on the ballot boxes.
NUMBER NINE: Cherokee County election officials added votes during the recount computation that were never matched nor reported. Voters from outside House District 11 were allowed to cast their secret ballots. Ballot registers have never been made available to the Walker campaign. Nonetheless, Walker withdrew his petition.
Brian Walker conceded to Chuck Hopson on December 22, 2008 but told the Tyler Paper his investigation of voter fraud in Cherokee County would continue. The Secretary of State would have to throw out the last 50 years of elections in Cherokee County if that were the case. The Texas legislature is currently divided by party lines at a close 76/74. The political melee of contesting what the Speaker of the House must view as an insignificant House seat would bring Cherokee County out of the dark and into the sunlight. Apparently nobody can stomach the rats and roaches scrambling in the slime when the eyes of the State are on them. The legacy of Cherokee County providing falsified information about its systemic corruption continues. The only question is whether or not the Attorney General’s office is going to certify it.
The alternate Universe of Cherokee County, TX newspapers:
Sensing the coast is clear from an Attorney General’s investigation into the stolen election, the Rusk, Texas Cherokeean Herald rubs the victory of their chosen incumbent in the face of the Brian Walker campaign. The daughter of the editor compares Republican Brian Walker to the “Wizard of Oz” and chastises him for not responding to the newspaper’s phone call interviews during the recount.
Beginning the day of the Nov. 4 General Election and continuing until last week, Mr. Walker and his staff have dodged more than 25 calls from the Cherokeean Herald.
With every twist and turn down this yellow brick road, the Cherokeean Herald attempted to call Mr. Walker for reaction to basic questions.
In contrast, the lines of communication with state Rep. Chuck Hopson (D-Jacksonville) and state Sen. Robert Nichols (R-Jacksonville) have always been prompt, even if their staff had to research a question.
If the Wizard of Oz isn’t available to take calls, does anyone have the cell phone number for the guy in the control booth pushing the buttons?
The fact is the Brian Walker campaign did not have Mr. Walker’s grandmother operating as an election judge in Cherokee County. Mr. Walker did not have operatives working as election judges in swing precincts. The only county with the ongoing history of voter fraud and stolen elections is the hometown of the Cherokeean Herald. The only county embroiled in a contested election is the Herald’s.
Mr. Walker is smart enough to smell the corruption of a stolen election and equally astute enough not to give interviews to the enemy. Furthermore, the Cherokeean Herald has a 30-year track record of making up fictitious stories for print, without any fact checking by an outside entity. The Cherokeean Herald will not report on the federal crimes of its law enforcement, Post Office employees or kinfolks. Certainly Brian Walker and associates have found a good use for the Rusk, Texas newspaper- lining litter boxes and bird cages. The fact is the editor’s hometown Pravda, the Cherokeean Herald, has an eerie resemblance to Nazi propaganda fast forwarded to the present.
County officials quick to certify the voter fraud understood what type of scrutiny they would be exposed to with a Brian Walker victory. The Cherokeean Herald has been unabashedly in support of the Chuck Hopson reelection since the March 2007 primaries. And constantly deflecting the reality of resident child molesters on probation and living amongst them. Probation given to them by Cherokee County’s Elmer Beckworth and the district courts lazily pushing offenders through the docket.
To his credit, State Representative Chuck Hopson (D) introduced legislation in 2005 that would prevent convicted sex offenders receiving State subsidized erection enhancement drugs. Other legislation on the books for Federal Prosecutors includes the Adam Walsh Act, in 18 United States Code 2250, making it a federal crime for sex offenders to travel across state lines and fail to register. More recently is Jessica’s Law, ignored by Cherokee County, TX prosecutors unless it gets a blurb in the paper or the defendant isn’t a blood-relative.
After 18 months of Jessica’s Law being the law of the land and after decades of legal precedent, Cherokee County prosecutors decide that ongoing incestuous relations are illegal, but only to offenders they haven’t placed on the next jury pool. Jessica’s Law, introduced as House Bill 8 in Texas, became law on September 1, 2007. Under the provisions of HB 8, legislators proposed a 25 year minimum sentence for first time offenders convicted of child molestation. Dual legislation also created a new offense called “Continuous Sexual Abuse of a Young Child.” Jessica’s Law has proven to be an effective weapon for prosecutors willing to prosecute Indecency with Minor charges known to have been ongoing. It was designed to be used in every case a sex offense against a child occurs; the law’s origin was not created to be used at the discretion of small town district attorneys trying to get their names in the paper. Children in Cherokee County, TX have been continually abused physically and sexually for decades. The local media helps cover this up. Hence after a year and half of Jessica’s Law being on the books, Cherokee County finally comes out the dark ages.
A quick check of the local newspapers archives of the last 18 months shows only a few cases of unlawful acts with children get prosecuted to the fullest extent of Jessica’s Law. In a recent Tyler Paper interview, the Cherokee County District Attorney office boasts the December 10, 2008 conviction of George Henry Williams, Jr. Of course, Williams is not directly related to anyone in the Rusk, TX courthouse.
Like his forefathers and those shielding his conduct, Williams engaged in a continuous incestuous relationship with a 5-year old girl. Prosecutors declined to describe the family connection between Williams and the victim. Had Williams been related to officers of the court, the victim’s story of ongoing assault would have been buried and Jacksonville-based reporters would have written about how great a guy George Williams is to hang out with at the local eatery. Or perhaps thrown his name in as a victim of recent car burglaries. George Williams was arrested on February 3, 2008.
The same District Attorney’s office has instructed their Jacksonville , TX based reporters to ignore the last 18 months the law was in existence. The fact is “Jessica’s Law” has been ignored until someone not related to elected officials arrived on the docket. Anti-pedophile legislation on the books for decades has been available for Texas based district attorneys competent enough to utilize it, without politicizing the crime. HB 8 became the law of the land in 2007, but in the meantime 99 % of the sex offenses in Cherokee County, Texas have been prosecuted as Misdemeanors.
Earlier in May 2008, Jacksonville, Texas resident Glenn R. Wingard (arrested the same day as George Williams) was sentenced to 95 years for aggravated sexual assault of a child. Wingard was arrested one year after the assaults occurred and before Jessica’s Law was enacted. In January, 2008 Rusk, Texas resident Gordon Neal Mathis was sentenced to over 40 years for aggravated sexual assault of a child. That’s it; 3 offenses prosecuted out of the dozens of sex assault cases reported in the Jacksonville Daily Progress since Jessica’s Law became law.
Therefore there has been nothing stopping Cherokee County prosecutors from putting sex offenders on trial other than (1.) the embarrassment of rampant incest throughout the county; and (2.) the embarrassment of prosecuting their previous jury members.
In November 2008 alone, The Jacksonville Daily Progress reported on their back pages the summertime plea bargains of several resident Cherokee County child sex offenders (complete with deliberately misspelled names). These guys received deals not prosecuted under Jessica’s Law:
• Thomas Elledge [sic], sexual assault of a child. The plea agreement was for four years in prison; and
• Justin Paul, aggravated sexual assault of a child. The plea agreement was for eight years in prison.
Not the minimum 25 years established under Jessica’s Law.
Rusk, Texas resident and registered sex offender Kevin Lyn Hawes, age 45, was sentenced to 70 years confinement in November 2008 for violating the terms of his probation. Deferred adjudicated probation given to him by District Attorney Elmer Beckworth in 1999, before the invention of the Internet was discovered in Cherokee County. Hawes was arrested in 1998 for attempted sex assault of a 15-year old female. The terms of his 10-year probation sentence included Community Service and not having sleepovers with little kids, both conditions Hawes violated. They pulled straws in the judge’s chambers and decided Kevin Hawes needed to be made the sacrificial lamb. Hawes was less than a year from release from Adult Supervison, i.e. probation.
Kevin Lyn Hawes, registered sex offender
Kevin Hawes tried to date rape a 15-year old Rusk, TX girl; Jessica Law would not apply to his case. The fact is the teen testified against Hawes and her deposition resulted in his conviction. The Jacksonville Daily Progress reports the Hawes case as if it were in fact a sex crime involving a child much younger, who was unwilling to testify. Hawes probation violations are not prosecutable under Jessica’s Law. As a matter of fact, Kevin Hawes’ probation revocation has absolutely nothing to do with “Jessica’s Law.” The Jacksonville Daily Progress would choose their readers to believe otherwise.
And Cherokee County’s Elmer Beckworth continues the lie implied in the article:
Like many cases that deal with victims of this age, many times the victim is unwilling to testify, leading to these cases being dismissed or getting a plea. Thanks to recent changes in the law and more children’s advocacy programs, we’re seeing more and more victims get counseling and are able to testify.
Again, the fact is the 15-year old victim Kevin Hawes attempted to have underage sex with did in fact testify against him. And Hawes’ probation violations have nothing to do with Elmer Beckworth’s track record of offering probation to resident Cherokee County sex offenders. God help them if these defendants aren’t related to anybody working in the Rusk, Texas courthouse. Kevin Lyn Hawes is currently (as of January 2009) incarcerated in the Cherokee County jail awaiting transport to TDCJ.
Cherokee County prosecutors have a proven track record of lying about their own cases, often just for the sake of diverting attention away from their cronyism. Sometimes they lie just for the ego trip of remaining unchallenged by the local media and in local elections. It keeps the Cult of Confession in check. Not only is Cherokee County steeped in voter fraud, it is immersed in one of the longest ongoing Criminal Court con games in Texas history. This history will be discussed in detail in the coming months along with the upcoming retirement of Criminal Court of Appeals Justice Charles Holcomb. As Cherokee County’s highest ranking State Bar member, Justice Holcomb is mentor to several of Cherokee County’s current swear-ins.
Who will the Governor choose to replace Cherokee County’s favorite son as Justice on what has been called the worst criminal appeals court in the United States? Place 8′s appellate Justice won’t have to rely on voter fraud to be seated- he or she will get to be appointed by Rick Perry.
They’ve called him a “terrorist sympathizer.” They say he has ties to “American Taliban” Johnny Walker Lindh and federal building bomber/mass murderer Timothy McVeigh. They said he set up shop at the House of Israel in downtown Jacksonville, Texas for the sole purpose of irritating the district attorney while bringing down the government. They said he was the focus of a “nationwide manhunt” by Homeland Security. They said he was a ticking time bomb and his brainwashed Republic of Texas followers were a threat to our God fearin’ democratic way of life. But when Robert Fox appeared on the Cherokee County courthouse steps with his supporters, his arrest never made the Daily Progress or Rusk Cherokeean. Fox responded last week to a 9:00 am court summons and was quietly escorted away by Jacksonville detectives. All this after being labeled by the Jacksonville, Texas Chief of Police as a “Wanted Fugitive” and still at large.
Only the Tyler Morning News had the professional common sense to share with its readers 100 miles away that this ‘threat to national security’ had been captured- simply because he answered his summons.
No headlines in the Jacksonville paper proudly announcing the news:
“House of Israel leader Robert Fox arrested on December 5, 2008 at Cherokee County courthouse in Rusk, Texas.”
There are no local accounts of the arrest being published because Fox apparently obeyed his court summons to appear for his barratry and evading arrest charges. Feral pigs warrant local headlines but not the arrest of the Jacksonville Police Department’s so-called “lightning rod” of terrorist activity.
Robert Fox (Source: Jacksonville Daily Progress)
An always disheveled Robert Fox, age 59, is in Cherokee County jail on a $30,000 bond. According to KETK Channel 56 and other news sources, Fox surrendered peacefully. However, Jacksonville PD detective Jason Price told the Tyler Morning News that Fox “did not cooperate whatsoever” during his December 5, 2008 arrest. The fact is the local newspapers have been told to pretend they now know nothing about the case, so the presiding judge can also pretend the media has not already poisoned Fox’s hand-picked jury members to be. Remember the Jacksonville Daily Progress front page headlines and attention grabbers during the ‘hog dog fightin’ days of summer’?:
- JPD arrests federal fugitive-Tuesday, April 08, 2008
- JPD nabs fed fugitive claiming affiliation with Republic of Texas- Wednesday, April 09, 2008
- State fugitive nabbed, large cache of illegal drugs found inside House of Israel building- Sunday, May 18, 2008
- House of Israel leader says he didn’t know drugs were there-Tuesday, May 20, 2008
- House of Israel’s Robert Fox arrested-Thursday, May 22, 2008
- Police say financial documents may show more evidence of illegality by House of Israel’s Fox- Saturday, May 24, 2008
- BREAKING NEWS: Third search warrant in a month puts Fox back in jail -Thursday, June 12, 2008
- JPD files felony warrant against House of Israel’s Fox- Saturday, July 26, 2008
But no reports of the arrest and end to the manhunt of Robert Fox for potential jurors to read about. If it’s news 100 miles away, then why isn’t it news for the only two newspapers in the county? Fox faces a specially selected jury pool of relatives of investigating officers, etc. because untainted juries are nonexistent in Cherokee County.
Any change of venue of the Robert Fox case will be argued as inconsequential. If the population can’t read, how can the court expect the trial jury to have any prejudicial pre-opinions of the Fox case despite the massive newspaper propaganda campaign against him? Besides, a cousin or two wouldn’t lie during voir dire to keep themselves planted in the jury box. Not in God’s Country.
In July 2008, Jacksonville Police Detective Jason Price held a press conference to detail how his “investigation had uncovered connections between Fox and known terrorists.” Actually the Jacksonville Police Department’s raid on the House of Israel halfway house on a Class C Misdemeanor charge led to the discovery of Fox’s political writings. Expired Oxycontin was found horded away in the Fox compound. In any other venue the man’s political dribble would be inadmissible and the mention of his personal effects would be unconstitutional.
Cherokee County chose to hype the escalating raids of the House of Israel and win the local public opinion after violating the Civil Rights of its citizenry. Want to bet the House of Israel phone lines were diverted off Main Street and Fox’s conversations were being illegally tape recorded somewhere? Hence the heightened yet fictitious need for the Jacksonville Police Department to go to DEFCOM 5.
Jacksonville PD press conference (Source: Jacksonville Daily Progress)
Police avoided calling Fox violent but Chief Reece Daniel called the man a dangerous individual.
“Timothy McVeigh was the lightning,” Daniel said. “People like Robert Fox are the lightning rods that convince others to bomb buildings.”
Other East Texas media followed suit with news articles claiming Fox’s terroristic leanings.
“JACKSONVILLE, TX (EAST TEXAS NEWS)- He’s the ringleader of an anti-government group, caught here in East Texas. Now he’s been linked to a major terrorist organization – the Taliban.”
Tyler, TX based Channel 19 repeats the Jacksonville Police Department’s claim that the indigent Robert Fox is a “dangerous individual” who was also wanted in Canada and Missouri.
“[Jacksonville Police Detective Jason] Price said his department has solicited for assistance from the federal government. “But to this point we’ve gotten a lukewarm response,” he said.
They hope that will change. Before this possible link to terrorism, turns to acts of terrorism.
If that is the case, then why didn’t the hometown Jacksonville, Texas newspaper report that the “dangerous” Robert Fox is now sitting in the Cherokee County jail of his own volition? Why haven’t they continued their propaganda campaign ad absurdum? Because they have collectively violated the rights of a harmless blowhard and given him exactly what he wanted- another federal lawsuit to clog up the court system.
Footnote: Robert James Fox posted $30,000 bond and was released from Cherokee County jail on December 20, 2008. Still no reports from the local media.
Distraction results in successful propagandizing, no matter how absurd, e.g. naming Robert Fox as a link to terrorists based upon immaterial and inadmissible ‘evidence.’ This is what attorneys from out of the region should be prepared for when they argue cases in front of stacked Cherokee County juries. Cherokee County’s district judges allow the argument of “beliefs” instead of facts. Ten years ago they would have called Robert Fox a satanist. Twenty years ago they would called him a communist. Thirty years ago they would have called him a Vietnam deserter. The Cherokee County district attorney relies on the local newspaper to propagate this type of illegal smear campaign. Because Fox is indigent he will not be allowed to question or challenge these absurd accusations. The court simply will obstruct his defense. They certainly won’t allow the naming of opposing members of counsel and court officers as witnesses, even if everybody is first cousins and carpool to the courthouse. And the Defense can expect their confidential attorney/client phone conversations to be intercepted and played for the District Attorney’s office.
Rusk, Texas: Warning, all roads lead to stupidity.
Everyone knows the small town media can help shape negative beliefs as much as positive ones. When Rusk Chamber of Commerce members are arrested for domestic violence, the formula remains the same: divert attention away by focusing it on someone not part of the Good Ol’ Boy system. Analytical thinking is prohibited.
The strangest news story probably ever published in the Jacksonville Daily Progress appeared last month. An article titled “local man found guilty of assault despite victim dropping charges” attempts to explain the first legal precedent of its kind in Cherokee County history, the prosecution of domestic violence after the victim recants her story. Or perhaps to validate why Protective Orders in Cherokee County only apply to men like the one mentioned in the article, and not to those who advertise in the Daily Progress.
The naïve reporter of this tripe begins:
(Source: Jacksonville Daily Progress, November 8, 2008)
In what amounts to a fairly uncommon legal occurrence, the Cherokee County Attorney’s office prosecuted a Rusk man for misdemeanor assault/family violence last week despite the victim’s desire to drop the charges.
Taking their lessons from the Cherokee County District Attorney and Law School 101, local reporters follow the Chapter in Negative Logic. Remember it’s always someone else’s fault, so blame the victim. An innocent defendant can’t prove a negative, i.e. something that never happened nor be proven to have happened. Therefore any lie is permissible and admissible and should never be questioned.
Lesson One- a defendant can’t prove a negative when the judge allows a criminal case to be tried based on the preponderance of the ‘evidence.’ Especially falsified evidence and when law enforcement is allowed to perjure. Or the judge ignores the cousins of the Plaintiff being planted on the jury. As a matter of fact, the more absurd the District Attorney’s concoction and the more State witnesses lie on the stand, the better. It reaffirms what jury members have been fed prior to the vetting process and makes for fine entertainment for everyone involved. And remember the pool of potential jury members in Cherokee County, Texas is less than fifty.
The prosecutorial example always has to be made on the lone destitute defendant arrested for slapping his girlfriend. Not on the local businessmen arrested repeatedly for family violence- and whose cases are dismissed before the Bondsman posts bail. The County Attorney’s office has also found the need to justify the lack of effort prosecuting their constituent wife beaters backlogging the docket. Drunken habitual wife beaters who actually make the cut are reported as Misdemeanor Only offenders, because all the other arrestees simply will not be prosecuted if they are related to officers of the court. The more recent and more provocative beatings are swept under the carpet while those cases postponed for years are brought to the forefront, to shunt scrutiny from recent offenses.
In the above mentioned article, the Cherokee County Attorney’s office continues the lie that Police Reports from the arresting officer are nonexistent and a criminal prosecution of assault depends solely on the continual cooperation of the victim. They promise there will be serious consequences for every S.O.B., not related to the District Attorney Investigator like Gary Helm, caught beating up their significant other.
Assistant County Attorney Kelley Peacock said misdemeanor assault cases virtually never go to trial without the willing participation of the victim, but she said the circumstances of this case convinced the state to pick up charges. Helm was arrested Aug. 25, 2007, after reportedly punching the female victim multiple times in the face.
So begins the lie. In Cherokee County the written report and sworn affividavit of a sheriff deputy dispatched to the scene of the disturbance is not good enough to prosecute family violence? Even when the offender refuses to identify himself to the arresting officer? The Assistant County Attorney continues by describing the mindset of the Cherokee County juror faced with convicting a member of the District Court’s inner circle for Bodily Injury.
“There were members of the jury panel who said they wouldn’t convict a person, even if I proved beyond a reasonable doubt that they committed assault, if the victim didn’t want the defendant to be prosecuted. I feel like this is a problem in our community,” she said.
It is distressing to her how frequently victims of abuse will file charges, decide to return to their batterer and then drop the charges.
There is no mention of any silly little Protective Orders being violated by these repeat offenders because Cherokee County won’t issue any embarrassing paper trail for their buddies. It is not because the female “victims choose to protect their attackers by refusing to pursue charges” as the County Attorney’s office propaganda piece contends. It is because the County Attorney will not pursue criminal charges whatsoever on the family members of those with close ties to the Cherokee County District Attorney. Comments on this blog and links to pictures of local battered women prove that even with broken bones, bruises and knocked out teeth, the district attorney’s office, et al refuses to prosecute their buddies for domestic violence.
It is the prosecutor, not the victim, who makes the decision to move forward with formal charges. If there is sufficient evidence of domestic abuse then the prosecutor is mandated by law to file charges, even when the victim is pressured to change her story. The State is also required to issue orders of protection upon the petition of the victim; protection orders are enforceable across state lines according to federal law. The County Attorney’s office can issue a temporary ex parte order of non-contact FIRST, prior to a formal hearing or even notifying the accused. Apparently that doesn’t happen very often in Cherokee County. The Daily Progress is trying to Fool ‘Em All Again.
The County Attorney’s office continues the lament:
“cases in which the victim makes a claim of abuse and then recants it are a waste of taxpayers’ money because such claims result in law enforcement and state prosecutors wasting time, money and effort investigating a crime that is eventually dropped and never makes it to trial.”
The only waste of taxpayer money is the dispatch of Cherokee County Sheriff’s Deputy to a known wife beater’s home to investigate a domestic disturbance call, booking and arraigning the guy, setting bond and then having the charges dismissed before the abuser’s name hits the newspapers. It is the cover up that is a waste of taxpayers’ money. The crime never goes to trial because the County Attorney’s office drops the charges. Typically, Cherokee County would rather blame the victim.
The article concludes it contradictory misinformation:
“the message needs to be sent that the decision on whether a case will be tried is not just based on the wishes of the victim. As far as the state is concerned, if the evidence is there, we are going to prosecute the case.”
And if there aren’t any victims as in the Robert Fox/House of Israel case, then what? How can you say you are prosecuting domestic violence when you drop the charges on 99% of the offenders? And cover up the fact that you embolden them to keep kicking their wives around because you simultaneously call the same closet wife beaters for jury duty?
The fact is jurisdictions outside the Good Ol’ Boy network routinely prosecute domestic violence without the help of the forgiving victim. Family violence charges can be either a felony or a misdemeanor. Repeat offenders in Cherokee County never have to face the more serious felony charges when the abuse cases are wrongfully delayed or ignored all together by the court system. Domestic Violence is a serious crime and other counties outside Cherokee County aggressively prosecute spousal abuse to fullest extent of the law. And they are proud of it. The newspapers in these areas, such as Tyler, Houston and Dallas, educate the public in the seriousness of domestic violence instead of whitewashing the problem.
The local Cherokee County media wants everyone to ‘feel’ the truth, as opposed to actually reporting it. The District Attorney programs their state witnesses to testify under oath as to what they “know in their hearts” instead of what actually is reality. Family-owned news agencies planted at the root of the problem follow suit. The more absurd the argument, the more it must be true because they publish this nonsense in the local papers. Especially when they attempt to justify dropping domestic violence charges on their own nephews and cousins.
That’s why news agencies such as the Jacksonville Daily Progress cannot report on the arrest of the District Attorney’s favorite grand jury foreman, most devoted trial jury advocate, etc., etc. Instead they write about the punishment phase of non-relatives like 62 year-old Rusk resident Gary D. Helm, convicted back in October in County Court for Misdemeanor domestic violence. After throwing himself at the mercy of the Judge and refusing counsel, this defendant gets to face probation for using his girlfriend as a punching bag.
American satirist Stephen Colbert and anchorman of the fake news show “The Colbert Report” brought the word “Truthiness” into the mainstream, and “truthiness” is what passes as fact in Cherokee County newspapers. On one episode Stephen Colbert explains the meaning of “truthiness:”
“We’re not talking about truth; we’re talking about something that seems like truth – the truth we want to exist…”
“It’s not just that I feel it to be true, I need it to be true…”
You can’t prove a negative. The more absurd it is, the harder it is to prove it is false. This is a distraction technique practiced in the Cherokee County establishment to focus attention away from its blatant nepotism and corruption. And the local newspapers are the means by which they do just that.
It is also a good avenue for the DA’s Investigator to get a buddy’s kid off a felony gun charge, as in the Richard Cobb murder trial. The local newspapers reported the ongoing appeal process of the Richard Cobb/Buenka Adams homicide convictions, but left the part out how District Attorney Elmer Beckworth and Investigator Randy Hatch wrote a letter to the Parole Board to seek leniency for a parole violator with a gun / turned jailhouse snitch who spent time in lockdown with both defendants.
“Whatever you feel in your gut is more important than information itself. ” Especially to the misogynist judicial system and media operating in Cherokee County Texas. It is only a matter of time that one of these violent S.O.B’s they let off the hook kills his own wife like another jailhouse snitch named Michael Harris did in 2003. All because the District Attorney deems his courthouse informants/kinfolk too valuable an asset to be prosecuted. Especially if prosecuting their stool pigeons will result in exposing the same prosecutor. As long as the prosecutors’ allies are allowed to get away with crimes against women, Cherokee County news reporters will continue to describe the prosecution of domestic violence as “a fairly uncommon legal occurrence.”
Still missing and unaccounted- $150,000 stolen from the City of Rusk, Texas (pop. 5200)
The trial of Doris Robinson, the Rusk, TX Water Department clerk and wife of Jacksonville, TX councilman Hubert Robinson, was reported by the local media as going to jury selection on October 14, 2008. The trial was slated for the next day in the 369th District Court, according to the same local media. The original indictment/investigation had been postponed for over a year. Where is the missing money?
(Source: Jacksonville Daily Progress, September 11, 2008)
“She faces one count of tampering with a government record and one count of theft of property by a public servant in an amount over $100,000 but less than $200,000,” said District Attorney Elmer Beckworth. “The crime is elevated due to her position as a public servant. The theft charge she faces is a first-degree felony.”
“[Doris] Robinson was indicted by a grand jury Feb. 25 and has since pleaded not guilty at her arraignment hearing. She is being represented at trial by attorney John Green. The trial will be held in the 369th District Court in Rusk, with Judge Bascom Bentley III presiding.”
According to the front page of the Rusk, Texas newspaper published prior to jury selection, Mrs. Hubert Robinson’s lawyers contend their client was “not a thief” and the City of Rusk accounting procedures was to blame for the missing $150,000.
(Source: Cherokeean Herald, September 10, 2008)
“Mrs. Robinson is represented by Houston attorney John Green.
Mr. Green described Mrs. Robinson as a “good lady, not a thief. She is honest, law abiding and scared to death. The stress is almost unbearable to her.”
Mr. Green continued in saying, “There was a long period of time when the books were not reconciled. I don’t know if they can prove there was money missing. Since then they have gone to new controls (a new bookkeeping system). She got a raw deal. No one saw her taking the money. The evidence is on her side.
“We will be prepared to pick a jury. But, we are trying to settle this thing out of court. I think it will be best for everyone. If not, we will go to trial or get a continuance,” Mr. Green said.
Well, apparently the missing money may still go ‘UNACCOUNTED’, even though the ‘independent’ Palestine based Texas Rangers audited the City of Rusk, TX at the request of Cherokee County prosecutors. Where is the missing money?
(Source: Cherokeean Herald, September 10, 2008)
“Early on in the investigation, Texas Ranger Rudy Flores was asked to participate in the inquiry. The time frame was narrowed to a two-year period spanning from 2004- 06. An independent, forensic audit was performed at the request of District Attorney Elmer Beckworth. ”
Pct. 1 Councilman Hubert Robinson did make a “neighborly” appearance prior to the alleged “trial” at the National Night Out festivities held October 8th at Robinson’s Jacksonville, TX church. A little sleight of hand and good free publicity courtesy of local newspaper staff writers always helps a good cause. As sure as a cat can lick its butt, the Cherokee County media does it share hand-in-hand and lockstep with county officials in whitewashing local theft of services. No news articles from the region ask the simple question: Where is the missing $150,000 in water bill collections? Who is going to be held accountable?
Nothing like having sweet deals and puff pieces written about a poor old stressed out defendant a couple of weeks before “jury selection.” The fact is a Cherokee County Texas petit jury has never been and never will be summoned to hear the case of the missing $150,000. Secondly, only those with political connections within the county have the privilege of having their Defense attorneys air their side of the case in the Cherokeean Herald and Daily Progress hours before the small town jury pool is vetted.
The local East Texas newspapers and media outlets certainly will not inform the public that the case has been dismissed and/or postponed into infinity. At the direction of the Cherokee County District Attorney’s office, this story of theft of public monies has been completely buried by the Cherokee County Texas media. Where is the missing money, Mr. Prosecutor for the State of Texas? How sweet it is for a Councilman’s wife.
The US Census and City Data reports Rusk, Texas government finances for 2002 alone stood at $220,000 for water utilities and operations. See http://www.city-data.com/city/Rusk-Texas.html More than half of that has disappeared from the Rusk city hall coffers.
Similarly, the Texas Municipal League (the liability insurance provider for a pool of high risk city governments) glosses over the recruitment policies of the city of Jacksonville, TX by dolling out internal awards to their small town insurance carriers. Even those like the city of Jacksonville whose law enforcement protocol is profiling 24/7. And no mention of the enormous premiums the city is paying to compensate for Civil Rights suits brought on by former police officer Larry Pugh, et al.
In an article titled “Texas Municipal League Gives Jacksonville Excellence In Public Safety Award”…for cities with less than 250,000 population, city leaders accept their award issued by their Insurance Company. Like Allstate sending you a Christmas calendar for not killing someone after driving home drunk from the bar. A way to say “Thanks for not making us pay out so much in claims this year, like we did after you hired a rapist predator to patrol your streets.”
(Source: Tyler Paper, “Texas Municipal League Gives Jacksonville Excellence In Public Safety Award” November 5, 2008)
During this time period, the city of Denton, Texas also received the Municipal Excellence Award from the TML for its “going green initiatives.”
Not to be out done, both the Mayor and City Manager help stop a thief on the streets of Jacksonville, according the November 19th issue of the Daily Progress. “The city manager and the mayor were driving in the 400 block of Commerce Street when they noticed a black male juvenile looking in the window of a late-model car parked…” The Jacksonville PD was notified and an arrest was made. The Mayor of Jacksonville stated “it was just a matter of being in the right place at the right time.”
“The circumstances that led up to this were purely accidental. We were just minding our own business when we just happened to stumble on a burglary in progress — it was an exciting moment in time,” Haberle said. “I ran as fast as I could, to the point of exhaustion, trying to catch him, and fortunately the police were able to make an arrest.”
The mayor said he is “sick and tired” of crime in Jacksonville.
“I love this town; this is my home. And whether I’m the mayor or just a regular citizen of this city, I will do whatever I can to make this a better place for everybody,” he said.
Everything except resign and/or call on the Texas Attorney General to investigate the rampant corruption stifling the economic potential of the region. When it comes to ‘police profiling’ these antics are equally preposterous. Lest our readers forget that the nocturnal activities of former Jacksonville police officer Larry Pugh, from 18 months ago, have not been fully investigated. Recruited from the Athens, Texas PD with over 30 prior complaints against him, Officer Pugh hunted down and raped women on the streets of Jacksonville. Missing complainants’ remains were found scattered in the Angelina National Forest.
Before choosing which victims he would rape, Officer Pugh most certainly profiled those women. He selected the economically disadvantaged because he knew they could not afford to hire expensive attorneys and their complaints would fall on deaf ears. Officer Larry Pugh would have assumed his department supervisors and the district attorney’s office would willingly turn blind eyes to any and all criminal complaints made against the City of Jacksonville. Especially by victimized women painted as street urchins and whores. Officer Pugh was charged in State court for having inappropriate “sex with an inmate.” He was never charged in Cherokee County for any sex assault offense, despite nine (9) local women filing police reports and eventually a federal class action suit. And now the City of Jacksonville’s sole liability insurance provider is giving awards to the city they are settling case after case for.
Profiling in the form of blaming the community’s poor citizens for the illegal activities of the real perpetrators (who have influential cousins with deep pockets in the courthouse) is the Cherokee County Texas norm.
Some readers of the local newspapers preferred to be gulled by the lie that Jacksonville’s police officers do not profile the citizens- that they are there “to protect and serve.” The fact is they protect and serve only those on Cherokee County’s safe from accountability list. The other lie is that those who actively recruited, interviewed, hired and salaried Officer Larry Pugh are no longer in city/county government. They are still in public service, waiting to draw their government pensions. They hired and insured a rapist to patrol the streets of Jacksonville, Texas. This rapist is doing almost 17 years in federal prison thanks to the work of the Department of Justice and one woman coming forward after being attacked twice. This victim filed a successful lawsuit against the city of Jacksonville after she was raped at gun point and then retaliated against for speaking to the FBI. Her harrowing story of being sexually assaulted in a cemetery, then weeks later barely escaping being kidnapped in a van can be read here:
That is the story the Texas Municipal League and the council of corrupt city governments wants stricken from the minds of taxpayers worried about their rising property taxes.
Source: Evelyn Lewis v. City of Jacksonville, 2007 U.S. Dist. LEXIS 34754 (E. Dist Texas 2007)
and Sandra Rene Roca, Tonya Burns, Debra A Williams, Felicia A Colbert, Della Tyler, Wanda Wilson and Felicia Mosley v . Larry Pugh, the city of Jacksonville, Texas et al, No. 6:2007cv-00081 (US Dist. Ct., E.D. Texas, Tyler Division, February 15, 2007).
Still love your city, Mayor?
Lap dog reporting of fake and asinine awards is intended to aid the current Jacksonville Texas Police Chief, the city of Jacksonville and Cherokee County in general in the ongoing effort of ‘Project Got To Fool ‘Em Everyday.’ With the help of local news agencies, the goal of county authorities is to never be held accountable to those filing legitimate federal lawsuits against the city’s police department personnel for heinous negligence, rapes and drug dealing.
Their political agenda is to manipulate the media and their readers who plausibly may be called for Federal jury duty in Cherokee and Smith counties, as the City of Jacksonville is sued out of existence. Call it premeditated and premature jury tampering.
The Texas Municipal League insures police departments and their specialty is at risk liability. Any insurance provider would have a vested interest in not having to pay out the wazoo. Especially if local jurors find city and county officials culpable for the illegal and negligent actions of its city employees. Fortunately for the TML, they have willing accomplices working in the East Texas news rooms.
Cherokee County Texas:
Cherokee County bemoans the intrusive feral swine multiplying by the hundreds in East Texas and leaving a path of destruction in their wake. Or so FEMA and other government backed insurance agencies are being told. County Judges, local dairymen and government subsidize farmers throughout the county have written in to the local newspapers to tell of their own stories of how the filthy little beasts have ravaged their mother’s flower beds. The State of Texas has agricultural extension services available to local farmers and ranchers coping with the influx of feral hog populations. However, in Cherokee County some well-intentioned dairymen and women have taken the matter in their own hands.
For example in 2004, Jacksonville Texas dairy owner Forrest Dyess and others were charged in federal court for illegally poisoning indigenous and benign wildlife, in order to rid a fellow rancher of feral pigs running across his property. Dyess, a licensed pesticide distributor, sold powerful TEMIK brand poison to Rusk Texas dairyman David Jones, who in turned applied the chemical agent on his buddy Glenn Smith’s property. The pesticide was mixed with horse feed and spread along Smith’s property line and resulted in the killing of deer, buzzards and probably a bunch of squirrels (all out of season and/or illegal) and the Game Warden levying a hefty $21,000 in fines to the group.
The Forrest Dyess family dairy located in Jacksonville, TX has been the recipient of over $500,000 in federal disaster aid payments from 1995 to 2006. Cherokee County’s total farm disaster compensation in the time period was $8.7 million, whereas larger Smith County to the North and Nacogdoches County to the South were both only $3.8 million each. Dairies and farms in Nacogdoches and Smith Counties outnumber Cherokee County’s 10:1. Guess it helps having a cousin or three at the county seat declaring every rain event in town a “natural disaster.” And someone who can sympathize when pigs are eating their carnations before the Homecoming.
Jacksonville Texas: FEMA get rich schemes may not be reported in the local media; however a few defrauders found themselves in federal court this month. Lifelong Jacksonville, TX residents Jerry Bovard, age 20, and Joe Murray, age 45, were both charged by federal prosecutors for filing false wind damage claims with FEMA, both claiming to have resided in New Orleans during Hurricane Katrina. These two unrelated alleged swindlers have never left the county, nonetheless after all the other fraud occurring right down the road, who wouldn’t be tempted to follow suit?
Houston County Texas:
City of Crockett, TX Police Chief Jimmy Fisher resigned after credit card abuse indictments handed down in August 2008. Fisher had obtained credit cards in his son’s (a DPS officer) name, without the latter’s consent.
Anderson County Texas:
Anderson County Commissioner Pct. 3 Ronny Smith resigns after entering a guilty plea of three felony counts of misuse of government funds. Commissioner Smith took $2600 of county asphalt and topsoil to his own property; he was placed on 1 year probation and given a $1000 fine. Quite a common scene in neighboring Cherokee County, but with cousins as County and District Attorneys, the story of former County workers getting new driveways and private property maintenance goes quite literally “buried.” Especially for those related to sitting Texas Court of Criminal Appeals Justice and Cherokee County Bar Association member, Charles Holcomb. Freshly stocked catfish ponds and county bulldozers maintaining private property working on the taxpayer dime is the norm for those sitting at the top (bottom?) of the East Texas political hierarchy. Smith was also accused of taking a tractor hose fitting from county equipment and using it in his garden. Palestine Texas newspapers make a bigger deal out of Commissioner Ronny Smith “borrowing indefinitely” left over county dirt and tractor parts, than Cherokee County does its constables double-dipping as drug runners, a la Randall Thompson.
Cherokee County Texas:
Similarly, former Rusk city hall employee Doris Robinson is scheduled to have jury selection begin on October 14 for her embezzlement trial. Mrs. Robinson was indicted after 18 months of postponement for allegedly stealing over $150,000 from the Rusk Water Department. Mrs. Robinson maintains her innocence and prosecutors, along with defense, are beginning to surmise an “accounting glitch,” so everyone can be paid off equally and this horrid little story will go away.
Cooke County Texas:
Oak Ridge TX Police Chief Michael Todd Lacey pleaded guilty in Federal Court on September 10, 2008 to one count of extortion. Chief Lacey was apparently fond of pulling over Hispanic motorists on Highway 82 and demanding money in exchange for not issuing citations. Lacey was indicted in April 2008 and is now facing 18 months in federal prison for his extortion tactics. He wasn’t raping his traffic stops on the side of road as Jacksonville TX police officer Larry Pugh did recently, but nonetheless Lacey was violating the civil rights of travelers through his gracious jurisdiction.
Kaufman County Texas:
Sunnyvale ISD Jr. High teacher Chad Michael Hutchins was sentenced to 10 years in federal prison for possession of child pornography. Hutchins was arrested at his Forney, TX home in June 2007 on similar charges stemming from his correspondences with under age girls on My Space.
The Jacksonville, Texas Police Department to hold a press conference at 10:00 am July 25, 2008 linking the House of Israel to “known terrorist groups,” as reported in the Tyler Paper. Several members of the rag tag fugitive fleet of Christian anarchists have been arrested on various parole and probation violations, including their spiritual leader Robert Fox. Fox at Law, not an attorney, has allegedly been providing legal services via the Internet to convicts and reprobates throughout the country for a fee. The House of Israel has been linked to offshoots of the Republic of Texas and has been a local haven for meandering ex-cons seeking justice through illiterate means. Perfect place to set up International Headquarters. On Friday, July 25, 2008 the JPD will officially and publicly connect the hodgepodge of miscreants to terrorism. Instead of using the Jacksonville Daily Progress forums to anonymously castigate the Halfway House of drug addicts, distastefully lodging themselves across from the Main Street Fire Station.
A good deflection and distraction from the multitude of FBI investigations, civil rights violations, rapings, beatings and drug dealings of the city of Jacksonville’s own law enforcement. They want to focus on this Robert Fox guy’s giving out Oxycontin to jailbirds and teaching them how to clog the American judiciary with grievances and court cases … and he’s got a Bin Laden look-a-like wandering around his Canadian compound over by the Shop-A-Lot.
Is the rest of the State buying the preliminary Federal Court hearing propaganda? Or did the Jacksonville Police Department take over the role of Homeland Security and Department of Propaganda? Robert Fox is out on bond and not wanted by federal authorities.
Let’s get this right: Cherokee County Texas, population 47 thousand, is a haven for drug addicts, child abusers, pedophiles, wife beaters, crystal meth dealers, rapists AND Terrorists?
The House of Israel, located in downtown Jacksonville, Texas, has been raided on numerous occasions by Cherokee County authorities on charges ranging from practicing dentistry without a license, to hording and reselling medical waste, i.e. antibiotics and expired painkillers. One of the arrestees, David Baugh a parole violator from Missouri, has a pending Civil Rights Suit against the city:
David George Baugh vs. city of Jacksonville, Texas et al, No. 6:2008cv00173 and No. 6:2008cv00219 (Us Dist Ct. E.D. Texas, Tyler Division May 5, 2008 and May 30, 2008).
Cherokee County Texas is more concerned with a Whack Job religious cult (made up of ex-cons on Welfare they once greeted with open arms) scratching out a living selling expired prescriptions, than they are their own Precinct 3 Constable Randall Thompson supplementing his child support payments (and County gas allowance) by manufacturing crystal meth for wholesale. And keeping that newly hatched Cherokee County Narcotics Task Force busy. As far as the Jacksonville, TX police department, we haven’t heard of any complaints of rape and retaliation against members of the ‘House of Terror’ as we recently have on former Officer Larry Pugh, et al in Federal Civil Rights class action suits such as:
Sandra Rene Roca, Tonya Burns, Debra A Williams, Felicia A Colbert, Della Tyler, Wanda Wilson and Felicia Mosley v . Larry Pugh, the city of Jacksonville, Texas et al, No. 6:2007cv-00081(US Dist. Ct., E.D. Texas, Tyler Division, February 15, 2007).
Does the city of Jacksonville, TX remember all these women who were raped at the hands of a unsupervised Jacksonville police officer? Who is terrorizing who?
Warning: Cherokee County Texas institutions are bastions of child exploitation and employ purveyors of child pornography.The mass exodus of Rusk Independent School District faculty members earlier this year is based upon the revelation that protected locals and administration officials with a penchant for photography have been under FBI scrutiny for years- stemming from the 2001-2002 Department of Justice crackdown of Palestine, Texas resident Mark Bates - the Webmaster of a worldwide e-mail child pornography ring originating from Internet servers in Anderson and Cherokee Counties. Why did the Rusk High School principal and all those Rusk ISD teachers and coaches turn in their resignations?
The FBI sting called “Operation Candyman” netted individuals throughout the country, including an A&M cadet in Brownsville and two men from the Houston,TX area. 89 subscribers total were indicted. Mark Bates, age 33 of Palestine, TX was sentenced in December 2002 to 30 years prison for being the mastermind and moderator of the website used to download images federal prosecutors called “absolutely appalling in the depth of their depravity.” Many arrested subscribers to Mark Bates’ email group (such as Toby Barnett from Lufkin, Texas) were people ‘holding positions of trust with frequent contact with children.’ Mark Bates had two prior child molestation convictions and a history of mental disorders.
The ongoing cover up of this type of depraved and illegal activity should show the rest of the state just how duplicitous Cherokee County Texas really is. Especially when local officials pretend to have no knowledge of kiddie porn being distributed from computers owned by the school district. A place where under the guise of fake evangelicalism, the images of broken and bloody bodies of children have been traded like Green Stamps on the Internet for decades. While at the same time Cherokee County district attorney Elmer Beckworth offers probation to a Rusk Texas man who mutilated his own 12-month old daughter, and the district court voraciously accepts any and all plea bargains to over 3 dozen registered sex offenders within the county. Mark Bates’ child porn ring of 6 years ago apparently never ceased to exist outside the area, with ongoing federal sentences (such as Jeffrey Scott Ray of Nacogdoches and Toby Barnett of Lufkin, TX) never making it to the pressroom. The list continues.
Lon Morris College’s head golf coach Barry Dean Griffin, age 38, has been arraigned in federal court for possession and distribution of child pornography. Coach Barry Griffin was arrested Monday, June 9, 2008 after surrendering to federal authorities in Tyler, Texas. According to the June 10, 2008 issue of the Tyler Paper, Lon Morris faculty member Barry Griffin : “has been charged by complaint for allegedly possessing and distributing child pornography on May 30 in Cherokee County [Texas]. If convicted, he could face 5 to 20 years in prison for the distribution charge and up to 10 years in prison for the possession charge.”
Monday’s appearance by Griffin in front of Tyler, TX based US Magistrate Judge John Love was reported here first. He has not been formally indicted.
Lon Morris College coach Barry Dean Griffin
Barry Griffin is a junior college Kinesiology instructor and coach for Jacksonville, Texas based Lon Morris and has been since 2005. The Lon Morris men’s golf team took fourth place in a recently held NJCAA tournament in Huntsville, Alabama, with hotel accommodations arranged by the college. Griffin has also traveled out of state to Daytona, Florida where he accompanied the Lon Morris College girl’s golf team , who took a 4th place prize at the women’s NJCAA national championship games.
Similarly, the Jacksonville home of Rusk ISD drama coach Harold “Bo” Scallon was raided last year by federal authorities on a tip from the Longview, TX police department. The tip being that the High School teacher was distributing child pornography over the Internet. His personal laptop, school computer and hard drives were confiscated by the FBI. Scallon pleaded guilty on April 4, 2008 in federal court to possessing over 150 sadomasochistic images of minors. He taught for the Rusk Independent School District for nearly 30 years and with parents’ blessings, participated in numerous overnight ‘theater camps.’ Due to a plea agreement, his child porn distribution charge was dropped by federal prosecutors, though he still faces decades in federal prison. Certainly the community and school administrators will rally around to petition for Mr. Scallon’s early release and leniency prior to his sentencing date being reported. As they did with Alto, Texas postmaster Herbert Dominguez, prior to his federal sentencing for stealing $27,000 of United States Post Office material- but never reporting it.
Local Cherokee County, Texas media portray Rusk High School Theater class’ Bo Scallon official retirement and contractual obligations to the school district as ending in April 2007, prior to the FBI raid. However, Harold “Bo” Scallon’s continual employment with the Rusk ISD was apparent to the FBI because investigators seized his company computer from the Rusk High School and examined its hard drives. Forensics on his computers uncovered massive files storing violent and graphic depictions involving children.
mugshot of Rusk,TX teacher Harold “Bo” Scallon
The ongoing out-of-county reports of federal investigations compared to the nonexistent media coverage, nor local outcry, begs the question: Has Cherokee County, Texas always been a child molestation and child pornography refuge? Local offenders certainly do not have to worry about prison time if they cut deals with the Cherokee County District Attorney’s office after falling in the hands of Elmer Beckworth .
View the locations of registered child molesters living steps from the Rusk Texas courthouse and Rusk Texas Jr.-Sr. High Schools mapped on a website called FamilyWatchdog .
Found at: http://www.familywatchdog.us
Infant molesters (whose victims are as young as 1 to 6 years-old) all handed probation and local Adult Supervision by the Cherokee County district attorney’s office -and not spending one day in prison.
[known registered Rusk, TX sex offenders - courtesy of Family Watchdog]
As a footnote, Harold “Bo” Scallon was sentenced on Tuesday June 17, 2008 in the US District Courts to 6 1/2 years federal prison time for possessing Internet child pornography. He will remain under parole supervision for 5 years after completing his federal prison term. Had the Rusk ISD faculty member actually acted on his sick fantasies and molested a Jr. High student, then the Cherokee County district attorney would have offered Scallon a few months probation (just like Elmer Beckworth’s office did for Chris Hennessy, a Rusk Texas patrol officer offered a paltry probation sentence of months instead of years for raping a Rusk ISD Jr. High girl in 2004). Or Cherokee County prosecutors would simply ignore the problem like the community and Rusk school board has for the last 30 years of Harold “Bo” Scallon’s teaching career. The world may never know how many deals were struck to keep this guy’s perverted pastimes out of the Rusk ISD school bulletin and news.
Also buried in the archives and the local School Board meeting minutes is a report of another Rusk ISD school teacher and former Jacksonville High School faculty member, Brian Basse sentenced to 3 years TDCJ time in 2007 for sexual contact with a student. Explicit Instant Messages and photos were recovered from his laptop computer by the FBI. Basse had been a Rusk Texas school teacher for 7 years, before relocating from the Jacksonville ISD. Brian Basse’s 36 month sentence (which he may serve 80% of) was handed to him from the 2nd Judicial District Court in Rusk, TX.
And don’t forget about Josh Allen music teacher at the Jacksonville Christian Academy and youth minister for the Tyler Street Baptist Church being sentenced in 2007 to 4 years for possession of child pornography- over 600 graphic and violent images. Tyler Street Baptist Church is a long time polling place for voters in Cherokee County’s Precinct No. 15. The US District Court “noted that Allen has no past criminal history and that he had the support of his church – factors in issuing the relatively lenient sentence.” Great. Gregg County Texas charged Josh Allen for his porn distribution into their county, since Cherokee County Texas failed to do so. A local investigation was not required from the source because, as Allen told Federal Judge Leonard Davis during his January 4, 2007 sentencing, local authorities believed the choir director still “had an opportunity to be part of the solution to the problem” of child porn being distributed via the Internet from Cherokee County, Texas. Allen received the same lack of media attention coupled with an outpouring of local support as did Jeffrey Scott Ray and Toby Lynn Barnett. Ray’s residence in Nacogdoches, TX was raided by federal authorities in 2006 and his sentencing not reported; Jeffrey Ray Scott got 70 months in federal prison. Toby Barnett was charged with possession of child porn and given 3 years probation in 2002 for “not having a prior criminal record,” even though he had been convicted in Nacogdoches, TX for assault in 1996.
Just do a comparison on how the legal system operates 40 miles away in Smith County, Texas. For instance, the recent Wednesday June 18, 2008 sentencing of Daniel Wayne Tidwell, age 29 of Tyler, in the 241st District Court doling out 50 years state prison time. This is after Tidwell pleading guilty to the sexual assault of a 15 year-old girl. Daniel Tidwell did have prior felony convictions, but regardless was facing 5 years to life for the rape.
Don’t forget the crack down on the Mineola Swinger’s Club that has made national news, either. The third defendant out of a string of arrests, Patrick “Booger Red” Kelly , a foster parent, is on trial for drugging children 9 years-old and younger and forcing them to perform strip club-esque dances for patrons of Mineola, Texas’ honky tonk. A version of what Cherokee County, Texas’ counterfeit Christians have been doing for decades: exploiting children and getting away with it. Smith County CPS removed the children from the homes of participants beginning in 2004 when it became apparent drug use and sexual abuse was occurring in the “deeply religious community.” Also awaiting trial are Dennis Boyd and Rebecca Pittman; and Jimmy Dale and Shelia Darlene Sones. Local swingers in the East Texas sex ring Jamie Pittman and Shauntel Loraine Mayo were convicted and sentenced to life in prison earlier in May, for their involvement in making children perform sex acts on stage.
An even better recent comparison would be the 2006 trial in Smith County of a preacher named Jefferson Marion Moore, age 58 at the time, also the Dogwood City Daycare and Preschool operator convicted of molesting a 6 year-old girl left in his care. He was a full time pastor for the Dogwood City Chapel, or “Brother Jeff” as they called him. Jefferson Moore was convicted and sentenced to LIFE in prison for the rape he committed. Moore had been indicted on three counts of sexual assault of a minor involving a 6, 7 and 4 year-old. “Brother Jeff” Moore was also charged with retaliation after an altercation with Smith County prosecutors during courtroom deliberations and given 10 extra years. On the brighter side, the Tyler Paper reports in its June 25, 2008 edition that Jefferson Moore died of “natural causes” in his cellblock earlier this month after serving 2 years in prison. Dogwood City, Texas is a small unincorporated community on Lake Palestine and ideal retirement spot for district judges, located on the Cherokee County / Smith County border and 20 miles from downtown Jacksonville, Texas. No probation offers or lenient sentences for this child molester; the Smith County community certainly did not rally in support of the only preacher and licensed babysitter in their tiny town. Incidentally, the United States Supreme Court ruled on Wednesday June 25, 2008 that it is unconstitutional for states to execute child rapists. That will certainly keep Cherokee County’s sexual predator population on a steady incline.
Pastor Jefferson Moore (deceased), daycare owner and child molester
In April 2005, the Kilgore, Texas newspaper The Kilgore News Herald began an expose, aptly named “Child Pornography Big Problem in East Texas,” on how pervasive the crime was becoming.
Next month, more East Texas child molesters off the streets and in federal prison, such as Franklin Albert Pearce of Wood County, Texas gets life for the sexual assault of a 6 year-old girl. William Allen Pipes of Gilmer, TX pleads guilty to distributing child porn and faces 10 years.
In local school news, the superintendent of Overton ISD Dr. Mark Stretcher, after “unexpectedly” resigning his post in January due to a “personal illness and pressure” and subsequently throwing the Overton, TX school district in disarray- why Dr. Stretcher has been charged with felony theft of public funds. Stretcher pleaded guilty to ‘theft in office’ on Friday June 27, 2008. Beware Rusk County, Texas you are in a close second for most corrupt.
TEXAS PENAL CODE § 39.02 ABUSE OF OFFICIAL CAPACITY.
(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant’s
office or employment; or
(2) misuses government property, services, personnel,
or any other thing of value belonging to the government that has
come into the public servant’s custody or possession by virtue of
the public servant’s office or employment.
Rusk, Texas: North East Texas mourns the loss of decorated DPS trooper James Scott Burns, shot and killed the night of April 29, 2008 by ex-Kilgore, TX police officer Brandon Wayne Robertson during a high speed chase through Marion County, Texas. Robertson was under MANDATORY SUPERVISED PAROLE in Smith County, Texas. Nonetheless, Cherokee County Texas had Brandon Robertson in their custody 3 weeks prior on April 7, 2008, but chose to ‘cash out’ for bond on the parolee’s TWO charges of felony possession of narcotics and felony possession of a gun, instead of following the letter of law and notifying the offender’s Parole Officers in Smith County. Brandon Robertson had the same legal rights and lack thereof as a prisoner sitting in TDCJ despite his early parole. And on the outside, he certainly didn’t have a Travel Permit that allowed him to SPEED through Cherokee and Marion Counties and back again each week.
Brandon Robertson was bonded out at $7500 each for both felony citations in Cherokee County Texas on April 7, 2008. Somebody at the courthouse told the Bondsman/woman that this was perfectly legal. And of course the Bondsman/woman, the Justice of the Peace, 2nd Judicial District Judge and arraigning Municipal Judge are all daughter, uncle, brother and father in Rusk, Texas. One would think these people had been sued enough not to listen to the legal advice of the district attorney’s office.
The dirty little secret is: Category I Parolees, such as Robertson, during traffic stops and arrests are not entitled to Bail until the Texas Board of Pardons and Parole reviews the charges via the revocation process. They pretty much have to grab their ankles and spread their butt cheeks during routine traffic stops. Parolees have no “rights to bond” per se, or rights of Due Process when it comes to physical searches. A process not implemented in Cherokee County Texas even though Brandon Robertson was traveling county to county (in violation of his parole) dealing crystal meth to every Small Town Tom, Dick and Harry and Naked Trucker. And Cherokee County decided to set and keep $15000 worth of bond instead of notifying Brandon Robertson’s Parole Officers of his incarceration. In turn, the Parole Officers would have 5 days to review the charges against Robertson, while Robertson sat in jail waiting for a TDCJ hearing. Quite simply, Cherokee County Texas had no legal jurisdiction to set bail for the release of the armed convict after the DPS cited him.
East Texas Trooper, James Burns slain by released parole violator
Brandon Wayne Robertson, age 37, had been on parole for multiple felony drug and theft convictions, as well as unlawfully carrying a concealed weapon in Gregg County, TX. Doing the world a favor, Robertson committed suicide Thursday May 1. The dirtbag piece of human debris killed himself after an extensive statewide manhunt immediately after his cold blooded murder of Trooper James Burns. The trooper’s slaying was witnessed by travelers trying to assist the fallen lawman; a description of Robertson’s vehicle was broadcasted throughout the region as authorities closed in on Robertson’s whereabouts. Huddled up somewhere near his crystal meth lab in the woods of Cass County, Texas, Brandon Robertson shot himself before his capture.
Remember, the city of Jacksonville, Texas police department can help federal and state authorities locate and detain felons wanted in other states when they pop up in Cherokee County, but the Sheriff’s department can’t keep an absconding parolee from a neighboring county in their jail 5 days for a TDCJ Parole Board review. “The US constitution” told them they had to let Robertson out on bail, even after Elmer Beckworth and Todd Staples (R) co-opted the State legislators with the “Faye Bell Harris Amendment.”
The same week parolee Brandon Robertson was arrested and released, the city of Jacksonville, Texas police department touted in the local newspaper The Daily Progress how they arrested two men from out of state affiliated with the “House of Israel” (a supposed Jacksonville based offshoot of the Republic of Texas group); one named Stephen L. Jackson, age 49 of Missouri found in the databases to be wanted on 2 counts, one federal/ one state.
From the Daily Progress April 8, 2008: “[Stephen] Jackson was found to have an outstanding ATF warrant and a warrant from the Newton County Sheriff’s Office in Missouri for unlawful possession of a prohibited weapon. He was held in the city jail overnight, and was transferred into the custody of ATF agents Tuesday afternoon.”
Jacksonville, TX Police Chief Reece Daniel publicizes how his investigators turned evidence against Jackson over to the ATF. Evidently the Cherokee County Sheriff’s Department cannot do the same when it comes to parole violators from neighboring Smith County, Texas who are carrying guns, drugs and cash for bail money on their person.
Trooper James Burns leaves behind a grieving family and community. His funeral was held Saturday May 3, 2008. Murdered on the roadside by an ex-con armed with a shotgun who was recently released from Cherokee County jail – on his way back down the road with a pat on the back- for once being a good Rusk County cop and “never really doing anything wrong before” turning to selling crystal meth, stealing and killing people in a drug induced hysteria. All of which is a parole violation. They probably let him keep his gun, too.
[Trooper James Burns' patrol vehicle, courtesy Longview, TX News-Journal]
James Scott Burns was the 83rd Texas State Highway Trooper to be killed in the line of duty. The ultimate tragedy and blame lies in what neighboring county, Cherokee County TX could have done days earlier in the month of April, when Brandon Robertson was in Cherokee County’s custody. His illicit drug trafficking was temporarily postponed by fellow DPS troopers to the south, patrolling Rusk, Texas. Robertson was stopped, his vehicle searched and he was then arrested for drug possession AND UNLAWFUL CARRYING OF A WEAPON BY A FELON by two Department of Public Safety officers. Robertson was transported and booked in the Cherokee County jail in Rusk, Texas on April 6th. His parole officers were not notified, instead Cherokee County decided to collect $15000 worth of ‘cash-out bond’ for Robertson’s charges and keep Smith County and the Parole Board in the dark. A typical move for small towns trying to generate revenue.
According to an interview with arraigning Rusk, Texas municipal Judge Forrest Phiffer by Longview News Journal reporter Randy Ross, parolee Brandon Robertson was stopped at 9:40 a.m. on April 6 by the DPS and charged with “possession of a controlled substance and possession of a firearm by a felon. He [Robertson] was released the next day on two $7,500 bonds, according to sheriff’s office records.”
View the archived newspaper paper article titled “Suspect arrested weeks before troopers’s shooting” published May 8, 2008 by the Longview/Marshall, TX News-Journal: http://www.news-journal.com/news/content/news/stories/2008/05/08/05082008_trooper_suspect.html
Suspect arrested weeks before trooper’s shooting
By RANDY ROSS email@example.com
Published May 8, 2008
A Texas Department of Public Safety trooper stopped and arrested Brandon Wayne Robertson about three weeks before officials believe the convicted felon fatally shot Trooper James Scott Burns.
According to the Department of Public Safety, Robertson was stopped about 9:40 a.m April 6 on Texas 135 in Cherokee County. Officials did not immediately say what initiated the stop.
Robertson was arrested on charges of possession of a controlled substance and possession of a firearm by a felon. He was released the next day on two $7,500 bonds, according to sheriff’s office records.
A call to the bondsman was not immediately returned, and it was unclear who contacted him.
Judge Forrest Phifer, who works for the municipal court in Rusk, Wales and Cuney, said he set the two bonds at an amount typical for the charges. He said he could not set an “oppressive amount” without violating the U.S. Constitution.
Phifer said that he thought the trooper who arrested Robertson said there were no problems during the traffic stop and that the firearm was found in the trunk of the vehicle. He added that he didn’t recall information that would have indicated that Robertson posed a risk that justified a higher bond.
Officials say Robertson fatally shot Burns after Burns pulled Robertson over in Marion County the night of April 29. Robertson was found dead May 1 with a self-inflicted gunshot wound, according to law officers.
Jennifer Lynne Petrick, 36, was found with Robertson and arrested on charges of possession of marijuana and probation violations. Petrick remains in Cass County jail on a $5,000 bond, according to the Cass County Sheriff’s Office. Investigators say Petrick was in the car driven by Robertson on the night of the killing.
(c) 2008 Cox Newspapers, Inc. – Longview News-Journal
The next morning, the Cherokee County district judge, the sheriff’s office and district attorney passed on prosecuting parolee Brandon Robertson for his illegal narcotics plus his gun and allowed Robertson to post bail. They didn’t even bother to confiscate his vehicle. As a Class I felon on parole, Brandon Robertson was subject to random searches from his parole officers. During a traffic stop, the DPS would call for back up after identifying the parolee as such, as they did on April 6 in Cherokee County, for two DPS officers to be present while they searched the offender’s vehicle. Caught with drugs and a gun, that parolee A.K.A. Brandon Robertson would automatically have his right to bail denied according to the Texas Board of Pardons and Parole. Robertson would be transported to the nearest county holding facility and the Sheriff, required by Texas Law, would notify the offender’s Parole Officer (named in the DPS database). All those things occurred, except the Cherokee County Sheriff’s Department notification to Smith County of Brandon Robertson’s incarceration. Hence, Brandon Robertson was out making his DRUG MULE deliveries throughout East Texas while he was in violation of parole for the 5th time AND simultaneously out on 2 Felony bonds. His Smith County Parole Officers would have issued a warrant for his arrest by April 11, 2008 had he not voluntarily turned himself in. He apparently was set on not going back to jail alive.
“But that wouldn’t make a crackheaded thug like Brandon Robertson become agitated and non-complicit in the next traffic stop by authorities.” He was an “ideal” prisoner according to Cherokee County, so just because he was going back to prison didn’t mean he would pull a gun on the next law enforcement officer in his path of self destruction… Naaaw. For God’s Sake, the maniac killed himself to avoid going to prison. Cherokee County Texas in typical fashion would rather blame the United States Constitution and recite fictitious legal requirements for accepting $15000 bail from an armed convict on his way back to prison.
Cherokee County authorities never even notified Robertson’s parole officers in Smith County. In a matter of hours, Brandon Wayne Robertson was back on the highway to deal drugs, armed with a 20- Gauge COPKILLER. They literally just let the guy drive off. No hearing, no phone calls to a Parole Officer, no formal arraignment, just a deputy escort right out the front door.
22 days later, Brandon Robertson killed a Texas State Trooper who chased him through Marion County Texas transporting more illegal drugs into the region.
ex-con and ex-police officer Brandon Wayne Robertson
Brandon Robertson was well-known by local law enforcement, having previously worked for the Overton, TX and Kilgore, TX police departments between 1990 and 1999 and with the Rusk County Sheriff’s Department (notorious for its internal corruption problems) for several years. Robertson turned to transporting and selling crsytal methamphetamine, or “ICE” to supplement his law enforcement salary until authorities arrested him. He had served 4 months of a 4 year sentence in TDCJ for multiple crimes until he was paroled in April 2007. Parole is a privilege not a right, an opportunity granted to prove rehabilitation dictated by the State Legislature. However, Brandon Robertson’s early release on good behavior is not the issue: The issue is Cherokee County Texas setting bond on a parole violator and not notifying Smith County of his arrests. Brandon Robertson would have and should have been transported to the county responsible for his MANDATORY PAROLE SUPERVISION. And while the offender remained behind bars, a parole hearing would have decided his right to bail. Not a “City Judge” from Rusk Texas trying to generate “cash bonds” for the county to pocket. Cash money generated from the sale of illegal narcotics going into the coffers of Cherokee County Texas.
Any attempt to lie for the record by Cherokee County Texas authorities is the normal operating procedure. A parolee with a gun in his possession is an automatic incarceration for however long it takes to have a Parole Hearing or district court hearing to ascertain bail requirements. Elmer Beckworth, Sheriff James Campbell and other locals in Cherokee County recently championed the preventable death of Faye Bell Harris of Jacksonville, TX and the need to “deny bail” to at-risk offenders. A needless death of a woman begging the Cherokee County district courts for help, even though her estranged husband Michael Harris continued to threaten, trespass and eventually shot gun her dead in her front yard in front of her children. Now after redundant and fictitious legislation has passed since 2006, i.e. Proposition 2, Proposition 6 and Proposition 13 reported by local Cherokee County media as “Elmer’s Law has passed unanimously…”
…why, now for some reason Cherokee County Texas cannot deny bail or even notify the appropriate parole officers of a felon with a gun and crystal meth who is stopped by the DPS in their own county. The birthplace of the Faye Bell Harris Amendment or as locals call it, “Elmer’s Law” will not assess a parolee with illegal drugs, a major drug habit, “a shotgun in the trunk” and now going straight back to prison when his Parole Officers find out about his arrests. Why- Cherokee County Texas couldn’t imagine Brandon Robertson as the slightest danger to society.
Cherokee County can’t even put into effect the laws sponsored by its State Representative, State Senator, district attorney, sheriff, Postmasters, attorneys and other fools and liars willing to sign on to the actions of violent offenders in their own custody.
On April 6, 2008, three weeks before the slaying in Marion County, Brandon Wayne Robertson was stopped and arrested in Cherokee County Texas by a patrolling DPS trooper. Again, Robertson was busted for felony drug possession (crystal meth) along with a concealed weapon and transported to the Cherokee County Texas Sheriff’s Department. TDCJ parolee and ex-cop Brandon Robertson spent one comfortable evening in Cherokee County jail and was released the very next day by Cherokee County authorities on two $7500 bonds. Robertson was arraigned on April 7, 2008 by Cherokee County even though he was on parole with multiple felony convictions. Despite his cited parole violations and criminal status as a convicted felon, Robertson was freed to go back to transporting his drugs in and around Rusk and Cherokee counties, while his case was postponed indefinitely.
Brandon Wayne Robertson’s connections to his former employers in the Rusk County Sheriff’s Office and those within Cherokee County, TX are all too apparent. These two adjoining East Texas counties are the choice for local crystal meth traffickers, often disgraced former peace officers such as Robertson, who have cut deals with their former employers to continue manufacturing and distributing narcotics into the region.
Hopefully, this debacle of Cherokee County Texas allowing an armed and dangerous parole violator out of jail to go out and take the life of a DPS officer, a father, brother, husband and dedicated East Texas lawman, hopefully this will finally open the eyes of the US Attorneys’ Offices operating in the region. It is long past time to hold Cherokee County accountable for brazenly operating against the intent of the law. Knowingly and willingly letting an armed and dangerous parole violator out THE NEXT DAY on a measly 2nd Degree Felony charge should be the straw that broke the camel’s back.
How does a felony charge of drug and weapons possession of a parolee justify only a $7500 Bond? That means Robertson only had to put up a couple of hundred dollars to a Bail Bondsman for felony possession. An inquest into the shooting of Trooper James Burns is pending by the Department of Public Safety and concerned citizens of Trooper Burns’ hometown Linden, Texas in Cass County. Concerned citizens and media types interested in the truth should not focus on Robertson’s girlfriend who may or may not have helped him evade arrest for 2 days. They should focus on how Cherokee County Texas views the judicial and legal system and how they collectively wipe their asses on the letter of the law. Interested parties should focus on how a municipal judge repeats every lie that is fed to him by his attorney, the Cherokee County District Attorney. The lie being that “excessive bond would be unconstitutional” in an arrest, booking and ‘receiving’ of a parolee caught with drugs and a gun. The fact is Cherokee County simply wanted to purloin Brandon Wayne Robertson’s bond. So they avoided notifying Robertson’s parole officers; a parole Robertson had been absconding for several months.
Cherokee County, TX pretends it never happened and never saw Brandon Robertson in their neck of the Piney Woods. Cherokee County wasn’t interested in a parolee’s travel permit status that would have barred him from legally traveling to their good little Christian community to peddle crystal meth to truckers and bored cops. Instead, they would rather lie through their teeth about the Judicial Process of parole revocation. Brandon Robertson was only buying himself time with the two Felony bonds he posted in Cherokee County on April 7, 2008. A drug addict parolee facing going back to prison would logically have made him more dangerous to the next DPS Trooper or sheriff deputy that cited him for absconding his parole conditions, according to Cherokee County’s own actions.
As far as Brandon Robertson taking his life to avoid prosecution, had his parole supervision been in Cherokee County, Texas, he’d be back out on bail the very next day after blasting his way out of a speeding ticket. Hell, the District Attorney’s office could split the guy’s Life Insurance Policy and move into the deceased’s house. Good riddance to Brandon Robertson and his ilk. The sun won’t be shining where he’s going. Unfortunately, his type of bad seed has become all too common in East Texas.
The media should blame Brandon Robertson first for being a dirty stinking crackheaded police officer, and that he went on to become a bonafide drug dealer. They should blame Cherokee County Texas secondly for keeping this drug addict on the streets to kill a peace officer with a wife and 5-month-old baby girl. Where was “Elmer Beckworth’s Law” when it came to denying this violent repeat offender’s bail? Where was Cherokee County’s legal expert when it came to denying bond to a felon with a 20-Guage shotgun and SPEED in his system and snortin’ it in all in his vehicle? And simply calling in the TDCJ authorities to incarcerate a crystal meth user on parole? Cherokee County Texas is both criminally and civilly negligent in giving Brandon Robertson a ‘get out of jail for $15000 worth of drug money’ card.
Sounds like Rocket Science to the crystal meth capital of East Texas.
Our condolences go out to Trooper James Scott Burns’ widow and family. We hope that Mrs. James Burns and family file a successful Wrongful Death suit against Cherokee County Texas and prevail. God knows the law would be certainly on her side, regardless of a sympathetic US District Judge trying to keep a corrupt small town Racketeering Project going for decades to come. Don’t forget to subpoena the DPS officers who arrested Brandon Robertson on April 6, 2008, Mrs. Burns. We are certain they would have a story to tell on how Cherokee County authorities conspired to deliberately drop the ball. The EDITOR would recommend one of the fine Federal Civil Rights attorneys practicing in the Northern East Texas Federal District who advertise on this blog.
…while local officials celebrate April’s “Child Abuse Prevention Month.”
Cherokee County TX:
According to an April 9, 2008 Cherokeean Herald article, Cherokee County Child Protective Services (CPS) investigated a staggering 433 child abuse allegations in the year 2007. Only 18 children were removed from their homes and placed in foster care. A small number compared to statewide statistics, however the 2000 US Census indicates that 25.8% of the 47,000 residents in Cherokee County Texas are under 18-years old.
25.8% X 47000 = 12126 minors
433 : 12126 = 1 : 28 ratio
or approx. 1 in 30
There are 15,700 households with children in Cherokee County TX also according to the 2000 US census.
This means over 1 in 500 households in the county have been visited by CPS.
This means over 3 % of the households in Cherokee County TX have had some type of alleged abuse.
Not a good number for any Cherokee County TX official pretending to be a “victim’s rights” champion. The Cherokee County Criminal Docket can certainly attest that a tiny fraction of these cases actually saw the light of day. Meanwhile, a related article cites that Cherokee County officials responsible for the statistics are in fact observing a self imposed “Child Abuse Prevention Month” during the month of April. A celebration of sorts led by County Judge Chris Davis and attended by the District Attorney and County Attorney’s offices.
Our invited State Representative and State Senator all gather on April 9th for a photo op to express their solidarity with the Cherokee County district attorney and county attorney offices to celebrate the county’s overblown abuse statistics. Forgetting about their other districts’ drug and child porn arrests, e.g. Rusk County, stinking corruption and local sex offenders tooling around the courthouse on probation given by Elmer Beckworth and associates. No moratorium needed to cleanse the region of rampant child porn and drug dealing by law enforcement; a ribbon cutting ceremony will rally voters back into a mental slumber.
Remember, they care so much about children that they believe probation is acceptable to every and all child molesters arrested and living within the county- well, those related to the right official.
The fact is the first, second and third cousins of Cherokee County’s “officials” have gotten away with sexual assault of minors for decades. Because the Cherokee County Sheriff Department ignores the reports and the current District and County Attorneys only prosecute non-relatives of Cherokee County’s “officials.” Cherokee County citizens do not need to be made aware of the child porn epidemic in its schools or the high incidence of incest occurring under their noses.
The folks are probably wondering why rapists are recruited to patrol the streets of Jacksonville, TX a la Larry Pugh. And the audacity of the Jacksonville Texas police department to print that the JPD recruiting policies have changed for the better. And racial profiling is all of a sudden “nonexistent” despite the hundreds of thousands of dollars the City of Jacksonville has paid in civil rights abuse settlements. “Nonexistent” because complainants disappear into the Angelina National Forest. Have city officials forgotten all those racial discrimination class action lawsuits?
The folks are probably wondering how for decades a Rusk ISD drama teacher can take students to overnight and out-of-town Theater Camp, while simultaneously trading in child porno on the Internet. That is Rusk Texas high school teacher Harold “Bo” Scallon , who pleaded guilty to his child porn collection in federal court Tuesday April 9, 2008.
Most importantly, the taxpayers are probably wondering why Sex Offenders are walking around town on probation given to them by the District Attorney.
Cherokee County’s District Attorney Elmer Beckworth has consistently given probation to child molesters whose victims were as young as 1-year-old baby girls, all the while the local Cherokeean Herald and Jacksonville Daily Progress have swept the incidents of incest and statutory rape under the proverbial carpet. What can the taxpayer expect when neither of the two local Cherokee County papers printed the fact that the US Postmaster Herbert Michael Dominguez in the Alto Texas Post Office was sentenced this year “for stealing over $27,000 in money and stamps” ?
The local CPS claims to have investigated over 400 abuse allegations last year alone, in a county with a little over 12000 minors. If that is the case, why doesn’t the County Court at Law docket reflect it? It’s not because the abuse wasn’t reported, it is because the victims were ignored by Cherokee County officials as usual. Because these officials spend taxpayer money promoting themselves as victims by bleeding the county coffers and local businesses dry with frivolous Personal Injury lawsuits.
Cherokee County would rather solicit the hiring of an extra “mental health” deputy via ACCESS grant money, knowing it is MHMR’s policy to have 2 deputies present during the transport of an unruly mental patient. How many mental health commitments and out-patient “shepherding” duties does a county of 47000 have each year to justify what a staff of deputies are already required by law to perform? They certainly aren’t investigating child abuse.
400 out of 12000 children have possibly been abused while the Sheriff Department is going to hire another deputy to sit on his or her laurels and help the Jail Coordinator eavesdrop on inmates’ payphone calls.
That means in 2007 over 3 % of Cherokee County’s children may have been neglected, abused or worse. A statistic Cherokee County should be ashamed of. And apparently they are:
They all got together and had a big ol’ ribbon cutting ceremony on the Rusk Texas courthouse steps in an attempt to ‘Fool ‘em All Over Again’ for the month of April. If they know the truth makes them look bad, as in the preventable murder of Faye Bell Harris in 2003, then taxpayers can expect to see their officials in full regalia on the courthouse lawn, telling everyone “the world is actually flat.” And pretending to care more about victimized and helpless children than protecting their collective government paychecks.
Read the Cherokee County TX court dockets for a comparison of actual CPS child abuse cases reported, and those Elmer Beckworth, et al threw in the courthouse dumpster. Next year they’ll be smart enough not to let CPS report its local abuse statistics. Now that’s Awareness to rally around.
[courtesy of the Rusk TX Cherokeean Herald 4-09-08]
The Texas Department of Family and Protective Services (TDFPS) is observing April as Child Abuse Prevention and Awareness Month.
Cherokee County TX sues employers while enticing more business. Nacogdoches jailer sentenced for child porn. Smith County officials investigated by DPS and Rangers.
Several national and internationally owned companies, such as Alliance Data Systems and Astro Air have divested their businesses from the county due to downsizing and corporate reconstruction. The following Personal Injury lawsuits were filed in the last 4 years against Jacksonville TX based Astro Air in Cherokee County’s 2nd district court:
- Civil Docket; Case 2004030190; MORALES, EULALIA vs ASTRO AIR, INC.
- Civil Docket; Case 2004030218; LAWSON, CARROL vs ASTRO AIR, INC.
- Civil Docket; Case 2005030170; RESENDIZ, TERESA vs ASTRO AIR, INC.
- Civil Docket; Case 951000794; ROBERTS, ARTHUR vs ASTRO AIR, INC.
- Civil Docket; Case 96600493; MEADOR, CYNTHIA vs ASTRO AIR, INC.
- Civil Docket; Case 98200091; ABERNATHY, RICHARD vs ASTRO AIR, INC.
- Civil Docket; Case 98500399; KUYKENDALL, TANYA HIGHT vs BAILEY, PATRICK JAMES, ASTRO AIR, INC, et al.
Meanwhile, the wife of Jacksonville Texas Mayor Pro-Tem was indicted for stealing over $150,000 from the Rusk Texas city hall and the US Postmaster in Alto Texas was sentenced for stealing over $27,000 in postage, before paying it back. The latter receiving 1-year adjudicated probation in federal court, while the former has had her case postponed in hopes she too, can sell her recently acquired assets if in fact she is found or pleads guilty.
Nacogdoches correctional officer Michael Paul Kennedy was sentenced March 13, 2008 to 97 months federal prison for soliciting and distributing child pornography. Former jailer Michael Kennedy, 32 of the Nacogdoches Sheriff Department had been arrested last year at his home in Nacogdoches, Texas according the Texas Attorney General press release on that date. His arrest video and others can be viewed at the Texas Attorney General website.
Michael Kennedy, former Nacogdoches TX jailer
Smith County Constable Henry Jackson’s Tyler based private security firm, Fail Safe Security Agency, is under investigation by the Texas DPS. The DPS issued a search warrant on Constable Jackson’s home based upon Jackson and his firm’s expired licenses required to operate a security business. The Tyler Paper reports that Constable Henry Jackson’s security business employed deputy constables who were paid on county time and wearing Smith County uniforms, while simultaneously working security. A special prosecutor was assigned to the case by the Smith County District Attorney’s office.
The Texas Rangers have also been investigating Smith County Sheriff Deputies, according to the Tyler Paper for using jailhouse inmates to work on officers’ personal property. Four (4) Smith County TX deputies facing felony charges for the misappropriations were fired from the low risk jail facility on Tuesday March 18, 2008. 12-year veteran deputy Lt. Gary Lile, Brandon Langston, Jeff Hudnall and Benjamin Hicks were terminated. The charges stem from inmates gathering scrap metal for recycling, rounding up stray livestock on rural roads and the sale of these proceeds not being reported. Instead the deputies pocketed the monies.
Amidst the investigation, on Thursday March 27, 2009 Lieutenant GARY LEE LILE, 57, took the coward’s way out and committed suicide at his Lindale TX home. The Smith County Justice of the Peace told the Tyler Paper that Lt. Lile had suffered a self-inflicted gunshot wound to his chest.
In neighboring Rusk County, Lieutenant Fred Dunlap committed suicide in the exact manner, under similar circumstances last year. The officer shot himself in the chest, even though Lt. Dunlap was not the focus of a Federal Civil Rights investigation. Chief Deputy Dusty Flanagan, aka Daniel Oscar Flanagan, age 37 of Henderson TX was sentenced to 2 years federal prison for the assault of a handcuffed suspect he and Lt. Johnny Leon Davidson, Jr. questioned in Flanagan’s office. Lt. Davidson admitted to writing a fraudulent police report of the beating. Flanagan was sentenced on Wednesday March 26, 2008 after his guilty plea in 2007 in Federal Court. Rusk County Sheriff Deputy Kenneth Calvin Martin also pleaded guilty during this time for possession of child pornography.
Quoted from Smith County Sheriff J.B. Smith regarding the more recent Lt. Lile investigation,“They knew the rules, they knew the regulations and they knew the law. There’s no excuse for it.”
A stark contrast to southern neighbor Cherokee County whose misuse of the District Attorney funds and county equipment has been going on for decades. And those caught being relocated to other parts of the county and/or the malfeasance being not just ignored, but lauded by those at the county seat. Cherokee County bulldozers and employees working on private property, making improvements with taxpayer dollars, is an all too common sight during the dog days of summer. Ever see a county bridge on a private driveway 1500 feet from the Farm to Market Road? Or county trucks laying gravel leading up to a judge’s hunting camp? Or state witnesses being paid for by the insurance pay-out of a murder victim, as in the 1990 Cherokee County case: State vs. Terry Watkins.
Jacksonville Daily Progress August 23, 1990
City of Rusk Texas bookkeeper indicted for embezzling $150,000 of government funds; wife of City of Jacksonville Texas Mayor Pro-Tem, Councilman District 1.
The Cherokeean Herald reports on its online March 12, 2008 issue that Rusk, TX city bookkeeper, Doris Robinson, wife of City of Jacksonville TX councilman and Mayor Pro Tem Hubert Robinson, has been indicted by a Cherokee County TX grand jury for stealing over $150,000 from the Rusk TX water department.
City of Rusk Texas bookkeeper Doris Robinson
Mrs. Doris Robinson worked at Rusk’s City Hall located at 408 N MAIN ST as the city Permit and Billing Clerk until she was promoted to City Bookkeeper in February 2006. Prior to taking office the article cites, Doris Robinson allegedly embezzled water department monies over a 2 year period. An unnoticed theft of upwards of $150 thousand in a city with the population of 5000 citizens. The Cherokee County TX grand jury met the second week in March 2008 and Mrs. Robinson’s indictment was not reported by the District Attorney’s office. The Cherokeean Herald reports it after the go-ahead from the District Attorney.
At printing The Jacksonville Daily Progress also has not printed the fact the wife of the city of Jacksonville’s Mayor Pro Tem had been indicted. Councilman Hubert Robinson’s wife posted bond on Monday March 10, 2008. Mr. Robinson is an active member of the historical Sweet Union Baptist Church located in Jacksonville Texas.
Councilman Hubert Robinson, Jacksonville TX (District 1)
After one year of misdirections, it is high time a grand jury was seated that was not designed to prolong the case into the millennia. The EDITOR doubts there will ever be a costly and embarrassing embezzlement trial; Doris Robinson will no doubt be granted immunity for spending the last year busily trying to pay back any missing funds, in restitution. Isn’t that always the way it always works when Cherokee County’s version of Christians get caught with their hands in the taxpayers’ coffers?
Alto Texas US Postmaster Herbert Michael Dominguez paid back nearly all the $27000 he stole from the post office and for his federal crime, Postmaster Dominguez gets to keep his federal pension if he successfully completes his one year probation sentence. Handed to him in late February 2008 by US District Judge Michael Schneider in Tyler, TX, because Dominguez was “such a good person who had never been in trouble before.”
So when Cherokee County’s version of “dignitaries” commit federal crimes, citizens will only get a glimpse of it in the Tyler TX newspaper 100 miles away.
And it came to pass. Because the whole world is going to be reading about it here.