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District Attorney retaliates against civil rights suit

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Judicial ethics Cherokee County style.

District Attorney Elmer Beckworth, among other Cherokee County officials, is a Defendant in the Robert Fox federal civil rights lawsuit filed in Marshall, TX (Source: Fox v. City of Jacksonville, Texas et al Case No. 2:2010cv00158 TX Eastern District). Elmer Beckworth is criminally prosecuting Fox in Cherokee County for filing the civil rights complaint. Beckworth refused to recuse himself early this year after he brought Robert Fox to trial under a bogus “tampering with a government record” charge in retaliation for Fox’s Notice To Sue against Beckworth personally, the sheriff’s department and the city of Jacksonville. And even though Sheriff James Campbell is also named as a Defendant in Fox’s lawsuit, Campbell’s own son-in-law sat as a juror in Elmer Beckworth’s “tampering with a government record” trial against Fox. Not to mention Campbell’s son-in-law’s apparent noncompliance with mandatory full disclosure to the court of any possible bias he might have toward Fox for naming his father-in-law as a Defendant in the federal civil rights case. As usual, the Cherokee County district court ignores the district attorney’s patent conflict of interest of empaneling jurists who lie about their association with a case in order to be seated at trial. Moreover, the DA himself is a federal Defendant responding to Fox’s civil rights suit.

Cherokee County has criminalized the filing of mere “paperwork” in the federal court system.

A mistrial was declared after tens of thousands of dollars of Cherokee County taxpayer money was spent stacking Fox’s jury with relatives of those he intends to sue. In yet another example of Cherokee County’s consummate waste of tax dollars, Beckworth has filed for another trial in March 2012, one year after the original mistrial and after the fall midterm elections. The district attorney’s goal is not just to convince his next handpicked jury an actual crime had been committed, because no crime ever took place. For solidarity’s sake, Elmer Beckworth must prove the Good Ol’ Boy network draining Cherokee County dry is above accountability. Robert Fox’s lawsuit among other things is in response to being held in the Cherokee County jail under bail set unconstitutionally high for 9 months and then being called a “federal fugitive” after being released on bond.

Robert Fox’s suit against Elmer Beckworth, et al is pending in the US District Court. Meanwhile, the cities of Wells, Texas and Alto, Texas have lost their police departments as revenue has been sucked up to county seat level to protect the sheriff’s department and district attorney’s office from civil rights suits. Cherokee County’s cabal is in full motion to criminalize federal civil rights suits against them.

For decades, innocent people have been framed by these so-called justice authorities for crimes perpetrated in collusion with dirty local law enforcement. Radio personality Randy Kelton was charged by Beckworth’s team in May 2009 for operating a detective agency without a license simply for speaking in Fox’s defense to the Cherokee County grand jury. It doesn’t matter to the district attorney that a defense witness doesn’t have to have a license to be an investigative journalist.

Would you like your door kicked in in the middle of the night by sheriff deputies because you filed a complaint with the FBI? Do you like the thought of backwoods law enforcement snooping through your mail and listening to personal phone calls?  Would you like your neighbors to be paid to watch your every move so your property can be violated while you’re out of town? Do you want to live in a county where known pedophiles, wife-beaters and drunk drivers are called to serve on jury duty so prosecutors can extort them to ensure their vote? Citizens outside of the region should understand the depth and breadth of this type of illegal activity that the US Eastern District is made aware of every year through civil rights suits. Unfortunately their pattern is to summarily dismiss, with pure homegrown Good Ol’ Boy bias, cases against their counterparts at the State level.

In typical East Texas unaccountability, the US Eastern District recently dismissed Robert Fox’s civil suit against the city of Jacksonville, TX. Apparently in the minds of federal justices from the Eastern District, their hometowns’ corrupt law enforcement and rogue prosecutors are off limits. Even when they kidnap, rape and torture women at gunpoint on the side of the road and drag them off into cemeteries. Or kick down the doors of law-abiding citizens. All trumped up charges against Robert Fox such as hording drugs, barratry, etc. were formally dismissed, yet Cherokee County’s district attorney continued to press forward to trial. The “tampering with a government record” charge was concocted to load up the Cherokee County court docket (which is exactly what the district attorney accuses Robert Fox of doing) after all charges against Fox were dismissed. Fox will be put on trial yet again for filing an “Intent to Sue” document in Smith County after his property was illegally raided and he was deprived of due process.

After word of Fox’s federal civil rights case against the city of Jacksonville was dismissed, district attorney Elmer Beckworth’s team immediately filed for a re-trial in Cherokee County court. Even though Fox’s felony charge of “tampering with a government record” was declared null and void in the mistrial earlier this year. No media personality in East Texas has asked much less  answered “How is filing a Notice to Sue in federal court in any way tampering with official records???” Instead, the local media was too busy in 2009 repeating the shit fed to them by the Jacksonville Police Department that Robert Fox was a “wanted federal fugitive” and active “terrorist sympathizer.” Fox is suing several media outlets for libel as well; however he can’t hold the city of Jacksonville responsible for its police department holding press conferences declaring him to be a terrorist, according to the US Eastern District. Current justices appear to be willing to perpetuate this pattern of unaccountability as they did by not holding the city of Jacksonville responsible for the actions of rapist cop Larry Pugh, sentenced to 15 years federal time for three counts of sexually assaulting women while on patrol. This judicial debacle was spelled out in the June 9, 2008 Burnt Orange Report.

That doesn’t stop Robert Fox from suing Sheriff James Campbell, Elmer Beckworth, and the whole kit and kaboodle individually and civilly. However, that doesn’t stop the district attorney either from planting the next Cherokee County jury with even more of the sheriff’s kinfolk come re-trial. So here we go again folks, your district attorney is going to waste another hundred thousand dollars of your taxes for yet another round at Robert Fox in March 2012, after the Fall elections. While the local media refuses to publish the certainty of Robert Fox prevailing, all the attention in the US Eastern District Court has reverberated throughout the Rusk, TX legal community and sent assistant district attorneys scurrying for anonymity.

The federal US Eastern District has a horrible track record of summarily dismissing viable complaints made against East Texas municipalities that employ small town cops who openly violate the citizenry’s rights. They allow backwater police and prosecutors to fabricate Penal Code statutes to retaliate against civil rights victims. Every single charge authored by district attorney Elmer Beckworth and initially levied against Robert Fox had no legal merit and was dismissed in Beckworth’s own court. The US Eastern District Court ignores this, despite Cherokee County incarcerating Fox for nine months without his ability to make bail. He is charged for a “paper trail” of bonafide complaints against Cherokee County’s rogue police tactics. Furthermore, his bail was set unconstitutionally high for charges that were summarily dismissed. Cherokee County still has not cleared those charges from their dockets.

If Robert Fox can’t say in print that Cherokee County, Texas is corrupt and rogue, then who can?

It’s not like they had to pay Robert Fox off to keep him quiet, like they do each other. If Fox’s lawsuit is frivolous and without merit, then it would not have been accepted in the US Eastern District’s jurisdiction, assigned a case identifier and scheduled on that docket. Cherokee County is so corrupt that they believe that answering a federal civil summons, which Elmer Beckworth, et al (including local media outlets Fox sued) did in fact do in November of last year, is somehow illegal and a State crime. Meanwhile, it is the taxpayer paying for this dog and pony show crafted by the Cherokee County DA’s office.

Cherokee County wants its citizens to think a piece of paper filed with a federal district clerk is reason to incarcerate someone without bail for nine months. Even if these rogue authorities finally convict Robert Fox of some made up crime through their frame job while the US Eastern District Court looks the other way, it will be the taxpayers picking up the tab. Apparently the locals are willing to have their entire police forces furloughed in order to pay for this ongoing criminal conspiracy.

Alto, Texas police cars sit locked up after tiny city laid off entire police force in cost-cutting move. (Courtesy CBS News)

Concerned citizens ask “Where has all the money gone?” when at the same time their property taxes are increasing for the first time in seven years to pay for the Rusk, TX courthouse’s increase in staff. (Source: Tyler Paper) While local schools and maintenance departments are tightening their pursestrings, Cherokee County is spending its money ‘lawyering up.’

These are the words that the Cherokee County, TX district court have deemed to be illegal, reprinted in part from Robert Fox’s civil rights claim heard earlier this summer:

ATTN: RISK MANAGEMENT
CLAIM:
NOTICE TO CURE/
NOTICE OF INTENT TO SUE
AS PRESENTED BY AFFIDAVIT OF
Robert James Fox

FACTS

1. This claim is based upon the event whereby I, Robert James Fox, was seized by force of arms on January 23, A.D. 2009, as a matter of RETALIATION, DISCRIMINATION, AND RELIGIOUS PERSECUTION, wherein the evidence goes to show that the alleged Jacksonville Police Department commenced their series of attacks by force of arms on May 15, A.D. 2008, by breaking the law by specific intent, or in other words FRAUD, as they executed their planned aggravated assault, armed robbery, wrongful incarceration, and TORTURE by specific intent.

2. Absent Fifth Amendment just compensation, theft of private property on May 15, May 22, and June 11, in the nature of armed robbery and/or conversion, was utilized as RETALIATION, DISCRIMINATION, AND RELIGIOUS PERSECUTION, as per Texas Civil Practice and Remedy Code, Chapter 106.001.

3. I, Robert James Fox, suffered injury due to the fact the Jacksonville Police Department DENIED DUE PROCESS, and absent commitment ORDER, I was summarily incarcerated from January 23rd to May the 24th contrary to Texas Code of Criminal Procedure Article 17.151, by specific intent as evidenced by the testimony of Sheriff James Campbell who declared under penalty of perjury that it was a commitment ORDER from the City of Jacksonville that was responsible.

4. Absent lawful authority, for the non-crime of filing a Claim upon Risk Management pursuant to the Texas Tort Claims Act, I suffered summary incarceration beyond the legal limit in violation of Texas law, which creates personal liability for any and all parties involved at Jacksonville, and causing extreme emotional distress, as evidenced by the fact I was taken from the Cherokee County Jail by ambulance to the hospital for oxygen and nitro.

5. Outline of elements regarding CONSPIRACY:
A. 2 or more persons acted together,
B. they acted to accomplish an object,
C. they had a meeting of the minds on the object or course of action;
D. they committed one or more unlawful, overt acts; and
E. the plaintiff suffered injury as a proximate result.

(under conspiracy, joint and several liability is extended not only to the wrongdoer, but also to those who have agreed to assist the wrongdoer.)

It is plain and clear that the unlawful egregious conduct creating the damages that I have suffered is the result of city and county employees conspiring against me, in open defiance of God’s law, as well as State and Federal law, including but not limited to Texas Civil Practice and Remedy Code, Chapter 106.001.

6. All of the above matters, including but not limited to over two years of litigating the “Tampering with a Government Record” issue, has caused me extreme emotional distress which was inflicted intentionally in the nature of TORTURE.

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Written by Cherokee County, Texas

08/27/2011 at 6:00 PM

One Response

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  1. I hope that Elmer does not get re-elected so that Cherokee County will be a better place to live.

    Anonymous

    02/25/2012 at 9:37 PM


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