Archive for the ‘Uncategorized’ Category
Unathorized interception at the telecom companies and illegal party lines.
Podunk law enforcement and prosecutors share the limelight with Federal investigators during politically timed drug raids. The only investigative skill required to bust local drug dealers and small town gangbangers is the illegal interception of phone conversations. Problem is, the spying has been going on for so many decades with the blessing of partnered East Texas agencies, that the monitoring goes beyond the local meth house. These agencies don’t ask for disclosure or sources, but they do offer a carrot to counties willing to intercept people’s phone calls. No warrants are needed either to eavesdrop on political opponents and the lay population. The criminal activity is justified in their over-inflated drug busts portrayed as something significant.
Drug dealers are caught in Cherokee County because they talk about it on the phone. Local gas stations, hotels, rest areas, places and persons of interest are hard wired for county law enforcements’ listening pleasure. For long term monitoring, they recruit their family and friends to spy on their neighbors. Investigators move in and out of retirement providing dirt for political rivals’ personal vendettas. Cherokee County has been caught several times in the past per court documents, remands and injuctions, but under their jurisdictional policing agreements, the bottom of the totem pole is required to initiate the illegal phone taps. It may be a good way to clear out the rural drug dealers operating in East Texas, but the interception of regular folks’ business calls, personal emails, and private conversations is the real gold mine to these corrupt agencies. And make no mistake about it; FBI agents who get their tips from a Cherokee County lawman knows exactly where it is coming from. They are too lazy to do their own leg work, or follow up on what the counties tape record. They call it “cooperation.”
How do they get away with it?
As blatant Cherokee County corruption is discussed on the Internet news feeds, radio talk shows, and by concerned citizens, this underlying question is bantered about. How can Cherokee County prosecutors repeat in open court the information they obtained from a private phone conversaton? Those in Cherokee County’s crosshairs such as Robert Fox, formerly of Jacksonville, TX, and Randall Kelton of Austin’s Rule of Law radio have experienced it first hand, while outsiders are left to speculate. The answer is as relevant today as it was 30 and 40 years ago because the same Good Ol’ Boy “investigative” network is in place operating at full steam, even in the age of cell phones and Wi-Fi. They get away with violating constitutional privacy laws because when the issue is raised in the appellate and federal courts, homegrown judges kill the complaints before they see the light of day. Tyler’s 12th Court of Appeals labels the concern of illegal wire taps as a “non argument,” by skirting the issue as a federal question. Federal justices in turn summarily dismiss basic constitutional privacy questions in their own jurisdictions. That is the reason why the local postal services are compromised and mail is rifled through by the Sheriff departments, while personal phone calls are played for district attorneys, judges and the law firms they work for. It goes on at every level of Cherokee County’s daily operations and as a function of their job security. If the local media started reporting about hometown corruption going on under our noses, their own personal dirty laundry would be aired by county officials.
In April 2012, Robert Fox of the House of Israel was found guilty of “tampering with a government record.” (Source: Daily Progress, April 27, 2012) A previous mistrial was declared in June 2011 (Source: Daily Progress, June 2, 2011) and earlier this spring Cherokee County prosecutors moved quietly forward for a retrial after answering Fox’s federal complaints. Fox’s sentencing has been delayed while administrative judges in the region hear his Motions to overturn this year’s legal debacle. Four months have passed since a Cherokee County jury of kissin’ cousins decided a letter Fox mailed to the City of Jacksonville Risk Management was a State felony offense, for threatening to sue them all in court for the multiple illegal raids on his property. Not to mention keeping him in the Rusk, TX jail for 146 days without bail on meritless charges, eight of which were eventually dismissed and one resulting in a Not Guilty verdict. (Source: Daily Progress, July 31, 2009) District Attorney Elmer Beckworth has decided that he alone has jurisdiction over what documents are presented and their content in Cherokee County. (Source: Tyler Paper, April 28, 2012) Especially when Beckworth, the City of Jacksonville, and Sheriff Department were forced to answer Robert Fox’s claims in federal court. (Source: Fox vs. City of Jacksonville, et al Case no. 2:2010cv00158) In any other county this official retaliation would be grounds for immediate disbarment.
The impetus of Robert Fox’s latest legal quandary is the fact that presiding 2nd Judicial District Judge Dwight Phifer officiated a wedding held for a ‘no show’ witness who Cherokee County refused to subpoena. The same witness was made available when a traveling judge from Longview held court in the 2nd Judicial District. Regional administrative judges will be deciding if a fixed jury, lying prosecutor, and district judge who refuses to recuse himself is grounds for remand. Fox’s next scheduled hearing on the matter is on Tuesday, August 21, 2012 at the Rusk, TX courthouse. The timing of Fox’s Conflict of Interest motions (and legal diatribes) have been repeatedly postponed while his case remains in unprecedented limbo. Local media has been invited to cover the circus, however it is doubtful they would report a decision to throw out a case of official repression they have been cheerleading.
When Cherokee County institutions fail and go under (such as Lon Morris College’s recent Chapter 11 bankruptcy), the reality of the situation is buried by the local media and replaced with rose colored stories of how wonderful their little community is. When drug informants kill their spouses and DPS troopers under the district attorney fund; when teachers are caught with child porn and black people profiled and beaten; when attorneys get DWIs and veteran employees are caught embezzling; when commissioners bulldoze their private property and police rape and kill- well, those news stories don’t seem to make it to the Letters to the Editor section. Blatant criminal activity of their officials is justified by piling on the shit smear campaigns; it makes the blatant violation of the US Constitution more palatable.
Translation: “We violate the law in order to do what is best for our little communities, our families, and ourselves.”
Cherokee County’s willingness to illegally intercept private communications keeps it on the map and an asset to corrupt neighboring law enforcement vying for the trickle of federal drug enforcement monies. These areas have a Zero Tolerance for privacy and even less for the rule of law.
By: Matthew Bailey – Wednesday, June 27th, 2012
Tyler, Texas – Smith County Judge the Honorable Randall Lee Rogers made statements [while] on the courts bench while in session that two counties in the North/East Texas area are incompetent and/or corrupt.
Although the good judge didn’t go into much detail to the reasons to why he felt this way, by listening to his expression on the matter, you could tell he had a knowledge of something that would make him say that about another county. Judge Roger however gave an explanation that he would not do business with Dallas or Cherokee counties from with-in his jurisdiction/court on legal issues.
Dallas and Cherokee may have corruption and incompetency issue that should be resolved and it is brave for Judge Rogers to even make statements about it. Coming from a Judge that could arrest and jail anyone for lying, you can pretty much bet when he says something it is true. So if Mr. Rogers says Dallas County is incompetent and Cherokee County is corrupt, it is believable.
Why is [it] good that the Honorable Randall Lee Rogers said something? Maybe in some way it will blow the whistle on some bad stuff that goes on in those counties. Of course it may just be his opinion that these two counties are in such shape but what would make the Judge react toward them in this manner? Past experiences perhaps.
Tylerites, or Smith Countyites should feel proud to know that their judge holds values enough to speak up when he sees something going on wrong. [Too] many times [do] we hear about [a] someone who does something wrong and never one who is the fight for right. Thanks for looking out for us Judge, however you do it.
Sentencing delayed in Robert Fox “tampering with a government record” re-trial.
Robert Fox and his defense attorney have filed a motion to remove 2nd Judicial District Judge Dwight Phifer due to conflicts of interest. Judge Phifer officiated the wedding for the son of one of Fox’s witnesses, who the district court and Cherokee County Sheriff’s Department refused to subpoena. The April 2011 marriage ceremony took place in a Jacksonville restaurant owned by the individual Fox claims was the impetus for the multiple SWAT-style raids on the House of Israel. During his original trial in 2011, Fox had made multiple attempts to serve the Jacksonville resident named in his Civil Tort Action, but was told she was “unavailable” by the district court. He attempted again this year to call her to the re-trial, only to have his requests denied. Now we know why.
Fox was found guilty of state tampering at his April 2012 re-trial. (Source: Daily Progress) His sentencing has been postponed as Administrative Judge John Ovard reviews his Motion to Recuse. Cherokee County’s ingrained pattern of duplicitous behavior by judges and prosecutors is only the tip of the iceberg of the absolute familial corruption running the place. The Cherokee County District Attorney, Sheriff and District Judges have worked together to hide Robert Fox’s key witnesses in attempts to keep their collective involvement off the record.
Robert Fox and his attorneys had made multiple requests to call local witnesses, only to be stifled by Cherokee County law enforcement who refused to serve subpoenas.
Barratry and bilge.
Robert Fox was arrested three times in 2008 after multiple raids on the House of Israel property in downtown Jacksonville, TX. He was charged with possession of control substances and two counts of barratry (litigation for harassment) in escalating attempts to incarcerate him after he filed an Intent to Sue against the Jacksonville Police Department. Jacksonville detective Jason Price, who headed the multiple raids and press conferences, told those willing to listen that Fox was a dangerous fugitive with ties to Timothy McVeigh and the Taliban.
“During the last few months we have been continuing the investigation, shoring up the case against him and getting it ready for prosecution. I’m confident that we have a grade-A case against him at this point, with some teeth and a lot of meat to it,” Price said. (Source: Jacksonville Daily Progress, Dec. 29, 2008)
All alleged barratry charges against Fox were dismissed by the same administrative judge hearing his latest Motions, and Fox was found Not Guilty of possession of expired dental products. Despite the waste of taxpayer time, money and effort to frame Fox, the Cherokee County District Attorney charged him with “tampering with a government record” for filing a Civil Complaint heard on the federal US Eastern District docket — a complaint that the District Attorney and others were forced to answer to. As they have collectively dragged out for years these bogus cases against Robert Fox, they have all mingled with local witnesses and planted the jury panels with their in-laws.
That is your tax dollars hard at work, Cherokee County.
Cherokee County, TX election officials and newspapers hide primary election results going back to 2010. (Source: Cherokee County election department) They don’t want the public to know, for example, that voters distrust their district attorney Elmer Beckworth so much that less than 500 people out of 26,552 registered voters actually vote for him during election cycles. Beckworth is running unopposed on the Democrat ticket for his 4th term and received 496 total votes. Elected officials such as the Cherokee County district attorney rely on horrible voter turnout and disenfranchised constituents to stay in office. It only takes a handful of supporters to discourage challengers through threat of small town exposition. They spend their time getting the dirt on one another, and holding it over their heads. Their own allies pretend to challenge them during elections to siphon votes from viable candidates and keep the status quo intact. Cherokee County voters are to believe that Beckworth’s former assistant prosecutor on the Republican side is actually challenging him in the Fall with the intent of replacing the status quo.
The official results are in, and a paltry 2% of the county’s voters cast ballots in the Democratic primary. Whereas other counties report and post primary results immediately, Cherokee County’s embarrassing election turnout is kept from public scrutiny. They focus on run offs, the general election, and results from elsewhere in the newspapers. They don’t publish actual election night returns.
Only 560 people, including early voters, voted in the March 29, 2012 Democratic primary, or about 2% of registered Cherokee County voters. The Republican primaries had a 21% turnout in reporting precincts. (Source: Secretary of State of Texas)
Cherokee County, TX election ballot results by Party
26,552 registered voters/ 26 precincts
528/560 +/- actual votes
1.98 to 2.07% turnout
4.415/5,672 +/- actual votes
14.15% to 21.35% turnout
(Source: Secretary of State Texas, official March 29, 2012 election night returns)
Why hasn’t the county election administrators posted the last two years of results? Because unopposed incumbents lose to even uncommitted categories within their constituent ballots. Yet by law and under zero moral authority these losers stay in office and continue to draw public salaries. This why blackmail and official oppression is so common and in your face. To remain unopposed and re-elected with a handful votes, incumbents and their enablers target their opposition in the court systems before the elections. They shit smear them in the newspapers and threaten them in front of their hand-picked grand juries. This is how some of the lowest forms of human debris remain in office for ten to twenty years or more. They spend their time going after challengers by threat or by court order, and in Cherokee County’s judicial system, they let child molesters and jail-house snitches do their dirty work.
Voters have to look no further than Elmer Beckworth‘s solicitation of an incarcerated parole violator’s testimony against death row inmate Richard Cobb, in exchange for dropping felony possession of a gun charges. And what amounts to letters of accommodations to the felon’s Rusk, TX parole officer. (Source: US Fifth Circuit Court of Appeals, case no. 11-70003)
TO WHOM IT MAY CONCERN:
Re: Wiliam Thomsen
Please be advised that this office will not seek prosecution of
the above individual for the offense of Unlawful Possession of
Firearm by Felon.
If anything further is needed please contact this office.
Elmer C. Beckworth, Jr.
(Source: letter dated January 10, 2003 admitted the day before closing arguments in the Richard Cobb capital murder trial; Cause No. 15054 in the 2nd District Court Cherokee County; US Fifth Circuit.)
Terry Allan Watkins vs. the State of Texas – a lesson in the Kerry Max Cook exoneration.
Good Ol’ Boys always pat each other on the back when they get away with murder. They have been doing it for decades. Almost identical examples are Smith County’s Kerry Max Cook case revisited and Cherokee County’s Terry Watkins murder trial, circa 1978 and 1992 respectively. Both cases had investigators lying under oath, the fabrication of criminal intent, a locally tainted jury, and eager assistant prosecutors lying to the appeals courts year after year to cover the tracks of the real perpetrators working in their stead. Both cases had innocent men sitting in prison while administrative judges worked out deals for their release and to keep lying prosecutors in office. It is recently come to light that Kerry Max Cook evidence that would have exonerated him in the 70’s was destroyed by prosecutors; the alleged murder weapon was kept as souvenir.
(Cook courtesy KLTV) .
As an agreement to his release, Cook had to consent to enter a No-Contest plea with the Smith County district court to gain his freedom after being framed by local law enforcement. Cook, a resident of Jacksonville, TX, was originally convicted in 1978 for the murder of a Tyler woman and sentenced to death. He was retried twice and in 1994 convicted a second time until it was reversed and remanded because prosecutorial misconduct. The district attorney’s office hid evidence and fabricated fingerprint forensics to gain a conviction. (Kerry Max Cook, Appellant v. The State of Texas, Appellee Court of Criminal Appeals 940 S.W.2d 623 (1996))
Terry Alan Watkins of Nacogdoches had his original capital murder conviction remanded to the 2nd Judicial District and also had to agree to time served in order to get out of prison. Watkins spent 5 years of a life sentence in TDCJ until his conviction was overturned. He was accused of “murder for remuneration” after the wife of the deceased cashed in a $650K life insurance policy. (Watkins v. State 883 S.W.2d 377 (1994) Terry Alan Watkins, Appellant, v.The STATE of Texas, Appellee.No. 12-93-00291-CR. Court of Appeals of Texas, Tyler. August 22, 1994)
Both of these cases show the extent of the “taint of prosecutors’ misconduct,” but State attorneys alone can’t do it without a willing East Texas judge and jury. How were these innocent men convicted? By a corrupted pool of local and non-resident jurors who were coached by prosecutors to lie in order to be seated.
The 1994 Smith County grand jury that re-indicted Kerry Max Cook was headed by Judge Cynthia Kent’s law partner and former Smith County prosecutor. Terry Watkin’s 1992 Cherokee County jury was wined and dined by the State prosecutor and his investigator throughout the trial. In fact, the Cherokee County district attorney accepted money from the deceased’s family to hire an outside “investigator.”
Kerry Max Cook and his attorneys are pushing to move his latest DNA hearing out of Smith County. That request has currently been denied.
Now, Cook is seeking additional DNA testing to legally clear his name, but he argues he doesn’t stand a fighting chance if his case remains in Smith County, where the courts have found that prosecutors committed misconduct in the past. (Source: The Texas Tribune, May 15, 2012)
Law firms that have business in rural East Texas, and namely Rusk, TX, should do themselves a favor and do a thorough background check on every juror called upon. They are facing an illegally rigged jury system and complacent courthouse. Judges, opposing parties, and prosecutors are all bedfellows of the jury and witnesses. Even when prosecutors are caught red-handed tampering with evidence, they are given free reign to call as many tainted juries as it takes to get what they want. The jury system is a weapon for a rogue criminal justice system. Don’t expect any better when the judges are intimately involved with State witnesses.
Jury Tampering 101
East Texas juries are stacked by the district and county courts with absolutely zero oversight or vetting by defense attorneys. These people are coached to perjure themselves in order to be impaneled. It is a back water con game orchestrated in complete solidarity with the higher courts. It has been going on since the day these people took office. Like their corrupt neighbors surrounding them, Cherokee County,TX juries are for sale. A small favor or some Glamour Shots of your wife are all that is needed.
Don’t have a voter ID and live somewhere else? Are your in-laws being sued in Cherokee County and you want to get the SOB filing the complaint? Do you live two counties over and just want to hang out on with the judges and sit on a jury for kicks? Even though you vote three or four times in another county? Do you want to cash in on a Slip-and-Fall claim on a big city employer and pretend you don’t know the Plaintiff?
Do you hide your married name on your juror questionnaire and deliberately misspell your true name, in hopes of sneaking on to a Cherokee County trial?
Are you a professional East Texas juror, roaming back and forth in between visits to your probation officer and the Food Stamp line?
Can Cherokee County prosecutors win criminal cases without the help of the County Clerk’s office calling on people from out of the county to sit on their juries? Are people from out of the county illegally summoned to sit on Cherokee County juries? Can the Cherokee County district attorney rely on homegrown residents to vote a verdict in his favor; or instead rely on illegally pooled people from other counties to sit on the jury? These are the questions local media outlets should be asking, if in fact they weren’t part of the problem.
How long should we hold our breath before we ever read about it in the local classified section?
Attention all out of town law firms! Back woods courthouse seats ineligible non-resident jurors in open violation of Texas law.
When the court systems are used to cover up and frame someone for the homicides their public servant employees commit, they are essentially ordering the murder of innocent people. The injustices in the Cook and Watkins cases alone are staggering and should shed light on exactly the type of criminal justice operating in the region. Judges with conflicts of interest, aided and abetted by corrupt law enforcement and prosecutors, are free to condemn innocent people to death. They can accept money and wind up on the Court of Appeals, or hide evidence and join the Attorney General’s office. Not one official has ever been held accountable for the homegrown corrupt-to-the-core judicial apparatus.
Nine women who were terrorized and raped by Jacksonville, TX police officer Larry Pugh lived to file a civil tort against him and the city. Other victims went missing and their remains discovered in neighboring counties. After previous complaints by thirty different women, only one resulted in his prosecution and incarceration.
The body of Terri Renee Troublefield Reyes, 38, of Athens, was found by hunters on or near a Texas Forest Service road recently. She had been missing since May 21, 2006.
The sheriff’s department would not confirm what condition the body was in when it was found.
Reyes was a witness in a rape investigation involving former Jacksonville Police Department officer [Larry] Pugh. She and another woman, Shunte Coleman, disappeared while he was out on bond from federal court.
Coleman remains missing.
(Source: Daily Progress June 15, 2007 “Missing woman’s body said found”)
In the Eastern District of Texas, United States District Court
Case 6:12-cv-00071, Janette Vaught and H.Y. a minor v. Cherokee County, Texas, Deputy Donald Williams, Unknown Sheriff’s Deputy, Sheriff James Campbell; and Townsquare Media, LLC
The US Eastern District will be considering another civil rights complaint filed by a Smith County resident who attended Jacksonville’s Mudcreek Off-Road Park event in September 2010. Janette Vaught and her 11-year old daughter were pulled from a moving 4-wheeler driven by a third person, and all three kicked and maced by Cherokee County Sheriff Deputies working security at the annual Mudstock event. Participants in the pageant were pre-assigned drivers who paraded couples and family members around the arena. The driver of Ms. Vaught and her daughter’s ATV was David Barlow of Rusk, TX. Barlow was charged with resisting arrest after the pepper spraying, and recently accepted a deferred adjudication agreement. As Barlow drove around the arena, he apparently failed to quickly respond to the command of Deputy Don Williams as the ATV carrying Ms. Vaught and her daughter approached the event center stage. As a result, Barlow was hauled off to jail that evening and mother and daughter were sent home bruised up with a belly full of mace. Ms. Vaught and her daughter reside in Tyler, TX, the child with relatives.
David Barlow is apparently no stranger to the Cherokee County criminal justice system. With a pending civil rights complaint against them, Barlow could have faced a courtroom of ineligible jurors in their back pockets, or have the district judge sentence him in hopes of quelling his passengers’ civil complaint. The fact is Cherokee County law enforcement knows they can lose their cool and there will be no repercussions for roughing up innocent bystanders and pepper spraying children in the process. Sheriff James Campbell does not reprimand his employees for violating the law and the higher courts will not hold that bunch accountable without a federal jury trial. Hence the US Eastern District’s pattern of summarily dismissing civil rights cases across their jurisdiction, before a vetted federal jury can even consider the complaints.
In her complaint, Ms. Vaught is seeking punitive damages against the Cherokee County sheriff department and the radio station that organized of the off-road event. She claims the lack screening of drivers and security, as well as Sheriff James Campbell’s departmental policies, lead to her and her daughter’s injuries.
As the driver of the all-terrain vehicle approached a stage, police officers grabbed his [Barlow’s] arm and used Mace on the driver and on Vaught and her daughter.
Ms.Vaught further states that she attempted to file a written report with the sheriff regarding the incident but a proper investigation was not conducted.
She claims she was told to contact the FBI.
On behalf of the minor, the plaintiff is seeking damages for emotional trauma, loss of sleep, anxiety, loss of appetite and fear. (Source: Southeast Texas Record, Feb. 27, 2012 Radio station sued after police Mace child at Mudstock event)
Every spectator, vendor and contestant at the event witnessed the arrest of David Barlow and assault of his passengers, but only one media outlet located in Beaumont, TX reported the assaults and original Civil Tort Claim.
Count One: the violation of Ms. Vaught and her daughter’s constitutional right by the reckless behavior of the Cherokee County deputies and their policy in place of pretending that the pepper spraying and kicking of three compliant individuals, including a child, didn’t take place. Even though every single spectator at the stage level eye-witnessed the mother and daughter thrown from the 4-wheeler by deputies kicking David Barlow’s ass. Has any Cherokee County official in recent memory, other than County Attorney Craig Caldwell, ever issued a formal apology for making a mistake? (Source: KETK Jan. 19, 2012, “County Attorney apologizes to KETK”)
By their conduct and the ensuing lack of investigation or disciplinary actions, the Sheriff’s Department obviously endorsed an unwritten policy, practice, and/or custom of indifference to the rights and safety of by standers during arrests and demanding instant compliance despite the fact that the vehicle was still running. The target of the arrest had no weapons, and had apparently done nothing more than, at most, fail to immediately follow the instructions of Deputy Williams. Any reasonable deputy would have made sure the bystanders were safe before undertaking violent actions against someone in such close proximity in a public place.
In Count Two, Ms. Vaught spells out in her complaint the trauma her daughter suffered from a getting a lung full of pepper spray and the child’s loss of appetite and nightmares.
Although Plaintiffs’ injuries to their eyes and respiratory systems were temporary, the same were extremely painful and the effects lingered for several days. Psychologically, the injures were more profound. Plaintiff Vaught sought to hold the Defendant Deputies responsible or at least secure an apology and assurance that this type of behavior would be punished. Instead, she met with official indifference to the assault she and her minor daughter suffered. Having lost her voice, she suffered, and still suffers from physical manifestations of her emotional distress including loss of appetite, loss of sleep, anxiety and stress. Similarly, H.Y. suffered from painful irritation to her eyes, nose, throat, and lungs in addition to headaches. More importantly, she suffered severe emotional trauma and now has a fear/distrust of males in general, and law enforcement and authority figures in particular. Her schoolwork suffered and she experienced loss of sleep, anxiety, and loss of appetite among other psychological symptoms.”
Count Three addresses the Cherokee County deputies’ unlawful assault and battery that in itself was reckless with absolutely no regard to other’s safety or welfare. Such disregard for human life is apparent in the County’s and Sheriff’s policymaking, therefore Ms. Vaught’s complaint shows the deputies’ actions that day meet the approval of Sheriff James Campbell. The fact is the Cherokee County sheriff never apologizes for anything his deputies engage in, whether it is beating those in custody, or his lead investigator caught red handed emailing lies about the Jacksonville police chief. Campbell’s policy of “Don’t Ask, Don’t Tell” has been in effect since the days he and convicted child pornographer Harold ‘Bo’ Scallon stood watch over the Rusk Youth Center. (Source: Cherokeean Herald, March 3, 1983) The word “accountability” does not exist in Cherokee County lingo.
Count Four holds the Townsquare media organization negligent for hiring incompetent security who put the entire event at risk, as was done during the 2004 Tomato Bowl riot. The city of Jacksonville was forced to settle with those sustaining injuries in that preventable Homecoming football game melee. The Jacksonville Police Department was present during the Mudstock event and offered no assistance according to Janette Vaught’s tort claim. However, she is not suing the city, only members of the Sheriff Department and ATV pageant organizers.
We shall see if the US Eastern District again refuses to hold Cherokee County accountable for its documented and ongoing civil rights violations. We shall see if these homegrown judges find another battered woman and her minor daughter to be Cherokee County’s throw away collateral damage, since an underpaid deputy’s apology is out of the question.
Jury selection begins this Monday, March 19 for another re-trial against Robert Fox. A mistrial was declared after the first attempt by Cherokee County District Attorney Elmer Beckworth to once again circumvent the Texas Penal Code with the help of tainted grand and petit juries. (Source: Jacksonville Daily Progress, June 2, 2011 “Mistrial declared for Fox”) Fox delivered a Notice to Sue for $30 million to the City of Jacksonville after his property was raided by police three times in a month period and accused of being a “terrorist.”
The re-trial is slated for the following Tuesday March 27, 2012 after the jury plants are properly vetted and relatives of those Fox filed federal grievances against are culled from the pool. Then again, the trial is being held in Cherokee County where jurists lie under oath and jurors with dropped criminal charges vie to be seated after decades of ingratiation.
Even if you do not reside in Cherokee County and attempt to file a Civil Rights complaint in a neighboring county, District Attorney Elmer Beckworth will summon you in front of his friends sitting on his hand-picked juries. Prosecutors will call up their friends and relatives of those you are suing, and issue a warrant for your arrest. They will call you a “wanted federal fugitive” when you appear in court and re-arrest you on other trumped up charges. They will lock you in the Rusk, TX jailhouse and local judges will happily set your bail illegally beyond your ability to pay. They will raid your private property repeatedly in order to break you.
That is exactly what happened and is continuing to happen to former Jacksonville resident Robert J. Fox. Fox’s civil complaint against Beckworth and the City of Jacksonville was accepted by the US Eastern District and placed on the docket several years ago. (Source: Fox v. City of Jacksonville Texas et al Case No. 2:2010cv00158 TX Eastern District) This was not a government record that was tampered with.
Even when Cherokee County and City clerks refuse to accept any Notice to Sue, and you are forced to file your documents elsewhere, Elmer Beckworth, et al will file State criminal charges on you, claiming jurisdiction on a Federal matter. Cherokee County prosecutors and their willing accomplices will claim that they can bring charges against you, because you are suing them in Federal Court (Source: Fox v. City of Jacksonville Texas et al Case No. 2:2010cv00158 TX Eastern District) The 12th Court of Appeals in Tyler will rubberstamp this podunk county’s jurisdictional overreaching. As we and our readers have said before, be forewarned: Cherokee County is rogue, anti-American and out of control. These people make a living violating the law and people’s rights.
Jury selection begins today for the Robert Fox retrial in Cherokee County district court. Elmer Beckworth refuses to recuse himself despite the fact he has answered Fox’s federal complaint as a Defendant. Again tax dollars will be wasted trying to bamboozle folks that Fox committed felony “tampering with a government record” for delivering an Intent to Sue to the City of Jacksonville. One element of Fox’s federal complaint is the refusal of the County Clerk and Cherokee County constables to endorse and serve his petitions under the Texas Rules of Civil Procedure. A Tort Claim form is not required to serve the City of Jacksonville Risk Management office, as it has been served under class action by victims of police officer Larry Pugh’s rape on patrol spree and Tomato Bowl riot.
Texas Rules of Civil Procedure
Rule 106. Method of Service
Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
1. delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
2. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
Robert Fox has been arrested, incarcerated and indicted on one false charge after another, all of which have either been dismissed (Barratry), found Not Guilty (Possession of an Illegal Substance), or resulted in mistrial (Tampering with a Government Record). This after being called a “terrorist sympathizer” by the Jacksonville Police Department and repeatedly by local newspapers. Fox has spent a total of 457 days in Cherokee County jail after his bail was set unconstitutionally high and his personal effects paraded around during a staged press conference. Every single accusation levied on him has come from the Cherokee County district attorney and those he intends to sue. Fox claims his constitutional rights were violated during multiple open-ended Swat-style raids on his commercial property in Jacksonville. Three such raids in one month alone. Cherokee County has answered to these types of claims in federal court before, but because three raids in one month is so blatantly illegal, they must trump up something to justify their criminal conspiracy to violate Fox’s rights. Robert Fox has an easily provable case of malicious prosecution, illegal search and seizure and unconstitutional practices.
Robert Fox .
What prosecutor in any legitimate county would pursue made up charges against a man, simply because the individual filed a bona fide legal document accepted onto the US Eastern District court docket? When Robert Fox’s Intent to Sue paperwork was mailed from Smith County, Elmer Beckworth’s office did not ask the FBI to charge Fox with mail fraud. Why? Because they know no other county or federal court could easily stack a jury to convict an innocent man. No crime had been committed with paperwork that could have easily been thrown in the trash upon receipt. Instead, they vilify the Plaintiff in a Civil Rights suit with “sovereign citizen” rhetoric, as they did recently with Austin radio talk show host Randy Kelton. No actual crime has been committed by Fox’s paperwork against them. But crimes are continually being committed against Robert Fox in Cherokee County. The FBI and Texas Rangers in the area appear to have zero interest in Fox, or the outcome of justice one way or another.
Robert Fox relocated in the late 1990’s from the Dallas/ Fort Worth area to Cherokee County. He and his associates were not greeted with open arms after setting up a satellite branch of the House of Israel in downtown Jacksonville, TX, directly across from the fire station. It was common knowledge that members usually refused to properly identify themselves when stopped and often successfully challenge minor traffic and legal infractions. This is a BIG No No in Dogtown, USA. The House of Israel members claim to practice their sovereign God-given rights; some say they are just asking for it when they challenge the status quo. The City of Jacksonville knows this and like most small town bored cops, started escalating their random stops of House of Israel members walking to the corner store. Not only that, the ministry’s downtown location was prime real estate for those wanting the out-of-towners to get the Hell OUT. They called them a “lightning rod for terrorism” but would deny they illegally tapped the church’s phones.
House of Israel, Jacksonville, TX .
Prior to Robert Fox’s arrival to Jacksonville, TX, local member Barry Brooks was convicted of operating a dental practice without a license and fought the district attorney’s office tooth and nail. Brooks held no punches embarrassing prosecutors in open court. And we all know that small town police forces are just political arms of the court house. Cherokee County wanted the House of Israel dissolved and punished. Barry Brooks’ adjacent property to the ministry hall allegedly contained expired dental antibiotics, and thus the excuse for multiple raids after-the-fact on Robert Fox’s section of the downtown rental plaza. Fox was present during the raids, placed under arrest and was forced to cough up bail money in escalating amounts. Cherokee County law enforcement has always operated like this.
A fishing expedition.
By an open-ended raid, we mean an illegal Search Warrant that offers no scope within the Affidavit; just grab what you can and use it anyway you can, as they did against Robert Fox. Jacksonville detective Jason Price showed Fox’s personal effects (none of which was illegal to own or suggested criminal activity) to the local media during a press conference. (Source: Jacksonville Daily Progress)
“Jason Price, detective for the Jacksonville Police Department, held a press conference, Friday morning where he announced that a felony warrant had been issued for the arrest of House of Israel leader Robert Fox. Price also explained that his investigation had uncovered connections between Fox and known terrorists. Progress photo by Kelly Young” (Source: Daily Progress)
During this televised press conference, the Jacksonville Police Department claimed Robert Fox to be a terrorist sympathizer because of his so-called “anti-government/ lawyer” leanings. Tyler TV stations and local sycophant newspapers were invited to spread the word that “a terrorist” named Robert Fox had links to “the Taliban and Timothy McVeigh.” (Source: KLTV July 25, 2008, “House of Israel Leader has Taliban link; draws Timothy McVeigh comparison“)
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.
Robert James Fox was arrested in May by Jacksonville Police and then again in June. He bonded out, and is now wanted for another felony charge.
Jacksonville Police held a press conference today and walked us through Fox’s history and what they see as his potential threat…
“We believe there is the same kind threat potential with Robert Fox, as there was with Timothy McVeigh,” Detective Jason Price told KLTV 7. “It’s a pressurized pot and it’s hard to say when it’s going to blow.” (Source: KLTV)
East Texas media outlets ran with the story for several months, on the word of small town criminals attempting to divert attention to away from their own stinking corruption, murder and rape. This House of Israel fiasco was going on during the time the City of Jacksonville was settling multiple federal lawsuits of their former rapist cop Larry Pugh of the Jacksonville PD. Officer Pugh, linked to missing women in the area, was sentenced to 12 years in federal prison for attacking one of his victims after she went to federal authorities. (Source: Daily Progress)
Where was the press conference for Jacksonville PD Larry Pugh’s missing victims? But we digress.
Robert Fox has never been a federal fugitive nor been wanted by the feds; furthermore the DOJ has never intervened to assist the city of Jacksonville or Cherokee County in their “sovereign citizen” lying dogshit. And that is exactly what it is. These people live in it and feed on it. The local media spreads it around.
Robert Fox and the House of Israel group have faced prosecution in the past for claiming religious rights when challenging minor traffic court cases, such as carrying passports to Heaven with “Elohim’s Kingdom of Israel” stamped on it. (Source: 766 F. Supp. 569 (1991) United States of America v. Robert James Fox, No. CR3-90-0288-H, United States District Court, N.D. Texas, Dallas Division, June 3, 1991) Fox’s own legal briefs are cantankerous and loaded with Biblical jargon that by design infuriates judges. No one would want to be on the receiving end of one of his Motions or lawsuits. If they were without legal merit, his court filings could be thrown in the trash or perhaps mailed back to him with a note instructing him to stick it up his ass and set it on fire— in that order. Because Robert Fox was articulate in his federal complaint against Beckworth and the City of Jacksonville, et al they are retaliating by putting him on trial AGAIN for a bogus “tampering” charge, or “paper trail” as they call it. (Source: Daily Progress)
Sheriff James Campbell’s son-in-law was a juror on last year’s Robert Fox trial. For next week’s scheduled retrial, Elmer Beckworth does not want it leaked to the jury pool that he and James Campbell had to answer Fox’s Civil Rights complaint, because it was accepted and placed on the US Eastern District’s docket. Fox’s complaint was not summarily dismissed before all parties responded on the record. They should be recusing themselves and their kinfolk if it where a legitimate charge.
Parties in Fox’s federal complaint say he can’t file law suits and petition the government because a federal judge in Dallas labeled Fox a “vexatious litigant” back in 1993. The Cherokee County district attorney can not deny that Robert Fox’s civil rights have been constantly violated and the US Constitution trampled repeatedly; instead Elmer Beckworth responses to the civil rights suit claim that Fox has no right to recourse. Therefore anything Fox files is illegal (in Cherokee County), no matter where he files it. Elmer Beckworth’s retort to the US Eastern District does not deny Fox’s rights are being violated; Beckworth responded that Fox has no right to file any law suits. And what better way to settle a Civil Rights suit against the people you are suing, then by bringing fake criminal charges against the Plaintiff in a federal lawsuit? Cherokee County’s Elmer Beckworth is being praised and patted on the back for implementing this violation of the letter of the law. They think Robert Fox deserves it— to Hell with the Constitution.
Those in support of the District and County Attorney’s re-election campaigns are infuriated that the Robert Fox briefs mention Elmer Beckworth’s law school DWI and murdering drug informants such as Michael Harris who avoided prosecution. They want to ignore the decades’ worth of child molesters passed on the docket and given a few years probation living next door to them. They don’t care that a drug mule parolee named Brandon Robertson was released after being stopped with a gun and crystal meth, and went on to murder a Texas State Trooper 2 ½ weeks later. The City of Jacksonville cannot afford another round of civil rights suits after settling multiple class-action cases against rapist cop Larry Pugh. They don’t care that Craig Caldwell has spent the last 2 years accusing Pct. 3 Commissioner Katherine Pinotti of one made of up crime after another, while his predecessors had golf courses, private roads and ditches installed all over the county. (Source: KETK Jan. 19, 2012, “County Attorney apologizes to KETK”)
Those in favor of the status quo don’t care when their county officials are caught stealing hundreds of thousands of tax dollars and not one of them do 1 year in prison. They don’t care when women go missing after showing up at the Rape Crisis center.
They expect to get away with murder because they always have. According to the Justices operating in the US Eastern District, the City of Jacksonville was not responsible for employing a rapist cop who drug women out to the cemetery while on patrol, and molested them at gunpoint. The City of Jacksonville is not responsible for the women who their police officer raped while on duty or those who went missing after reporting it. According to this bunch, the City of Jacksonville, TX is not responsible for the nine women who survived and came forward, including the victim who escaped to testify. (Source: Evelyn Lewis vs. Larry Pugh, Mark Johnson, City of Jacksonville*)
*affirmed on Aug. 18, 2008 by the 5th Circuit Appeals in opinion No. 07- 40662 from the US Eastern District case 06-CV-357. Read here: ftp://opinions.ca5.uscourts.gov/byDate/Aug2008/Aug18/07-40662.0.wpd.pdf
Accordingly to the same bunch, the City of Jacksonville is not responsible for the multiple raids and civil rights violations against Robert Fox and his friends passing through Cherokee County.
The City of Jacksonville, i.e. those in the community wanting the House of Israel property and the entire group removed by force, knows of the group’s tenacity and hard-headedness. Especially when it comes to the legal proceedings they complain most about, especially when they feel they are being done dirty. As stated earlier, Robert Fox has never been a “fugitive wanted on felony charges in Texas;” Fox has appeared to every single hearing, subpoena and summons he has been called to. Each time Robert Fox appeared to defend himself in Cherokee County’s courts, he has been charged again for another crime, ad nauseum, in order to stifle his civil rights suit.
There is no question that the entire Cherokee County jury pool knows who Robert Fox is, has heard about him, and have read about him in the paper. They all know he has filed civil complaints against the county. However they will never be instructed by the district judge that the Cherokee County district attorney’s office has no federal jurisdiction to prosecute a piece of paper Fox filed in Smith County against Elmer Beckworth. A private citizen, as annoying as they may be, may file an Intent to Sue wherever and whenever they like in the United States of America. Fox’s juries have been suborned to forget that fact.
After his multiple arrests in Cherokee County, Robert Fox was not released on his under his own personal recognizance; instead his bail was set unconstitutionally high and he was kept in the Rusk, TX jail for 235 days before his first hearing — for a total of almost a year and half. In March 2009, a traveling judge found Fox not guilty of “possession of dangerous drugs” in the County Court at Law. Charges of barratry were also dismissed. The reasons for the escalating raids and his multiple arrests failed the test of legality.
If filing an Intent to Sue at the Jacksonville, TX city hall is “Tampering with a Government Record,” then why is Robert Fox’s civil rights complaint on the US Eastern District’s docket? Why was it accepted and reviewed? Why did Elmer Beckworth, the City of Jacksonville and local news outlet have to respond to it? Being locked in jail for over a year and half, raided at gunpoint for charges that were eventually dropped; and being called a “terrorist” is CRUEL and USUAL for them, i.e. TORTURE under the color of law elsewhere. What about the women tortured by Jacksonville patrolman/rapist Larry Pugh? What equity do they get from the bench? What about the families of the missing women and those murdered by Cherokee County drug mules and informants?
These judges and justices who rubber stamp this criminal activity don’t just rely on their constituent equivocators to keep their pre-Civil Rights mentality alive and well; East Texas is teeming with rats and roaches crawling in and out of their back pockets. Hence, civil rights complaints get swept under the rug with the dung heaps they thrive in.
If nothing is done about this ongoing 21st Century corruption, the entire area should be economically quarantined, boycotted, closed off from the rest of the world (as they would prefer) and left to rot on the vine. There is not one entity working on this Robert Fox case that is not 10 thousand percent cognizant that Cherokee County is guilty of violating the law under the United States Constitution. Willfully, knowingly, openly and repeatedly.
March 31, 2012 update: Robert Fox’s 2nd trial began Tuesday March 27, 2012 and recessed early Wednesday March 28 due to Fox getting sick and requesting a continuance. (Source: Jacksonville Daily Progress “Trial session shortened after defendant falls ill” March 28, 2012)
Fox’s re-trial continues April 25, 2012.