Posts Tagged ‘search warrant’
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)