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Posts Tagged ‘Randall Kelton

Monitoring the county for more than drugs; Improprieties belay Fox sentencing

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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.




Written by Cherokee County, Texas

08/19/2012 at 6:00 PM

Lies under oath make for yellow journalism

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Rule of thumb: never set foot in Cherokee County.
It was corrupt 30 years ago; it is corrupt now.

Rusk, TX:
Cherokee County systematically goes after those who file complaints and lawsuits against them. County newspapers fearing reprisal don’t mention the railroading of innocent people, nor the colossal cost to the taxpayer when the district courts play out their political vendettas. Locals associated with the courthouse agenda openly publicize their businesses in these small town rags, minus legally required occupational licenses. Homegrown fake real estate brokers, insurance agents and therapists openly advertise themselves on the Internet and in local papers without the fear of prosecution.

Scrutiny is deftly shunted from those in judges’ and prosecutors’ inner circle caught falsely advertising and accepting illegal sales commissions. By detouring their embedded reporters down rabbit trails, they turn readers’ and their constituents’ attention elsewhere. Last week, Austin AM Radio talk show host Randall Kelton was convicted of operating an “investigation company” without a license, while at the same time Cherokee County uses relatives of law enforcement as taxpayer paid confidential informants. Conflicts of interest by community leaders are ignored for decades in the local newspapers. For example, no one in the county would expect the Cherokee County Republican Party chairman — ousted from his Adult Protective Services position for renting his properties to his clients — to have a license to run assisted living quarters. (Source: Jacksonville Daily Progress, April 16, 2011 “GOP confirms calls for Looney’s resignation”) Anywhere west of the Neches River, this in-your-face corruption would be seen as a black eye on the community. Not in Cherokee County; they know there are no repercussions whatsoever for this level of criminality.

Outsiders beware: you may answer to a Cherokee County grand jury as a smokescreen, just for passing through the county.

The Cherokee County grand jury serves a two-fold purpose when used for political maneuvering. The number one way is to go after personal enemies who openly talk negatively about the current status quo. Secondly, District Attorney Elmer Beckworth and County Attorney Craig Caldwell also call a handpicked grand jury to publicly exonerate those accused of corruption. As recently as 2 years ago, Pct. 3 Justice of the Peace James Morris filed a complaint against the commissioners’ court with the Texas Attorney General, which resulted in a quick No-Bill by the Cherokee County grand jury. (Source: Jacksonville Daily Progress, August 13, 2009 “Commissioners’ grand jury case is no-billed”) Afterwards, JP Morris alleged a “cover up” to Tyler’s Channel 19. (Source: CBS 19Commissioners No Billed, Judge Alleges Cover-Up“)

Precinct 3 Commissioner Katherine Pinotti was summoned to a grand jury for no better reason than paving a mislabeled road, while her counterparts and predecessors have been maintaining private properties for decades with complete impunity. The most blatant attempts at convincing the locals that private property improvements by Cherokee County commissioners were legal was the attempt back in 1978 to have it “voted on” by “constitutional amendment” within the county. However statewide, Prop. 7 as it was called back then, only allowed for counties fewer than 5,000 people. That didn’t stop the City of Rusk, TX from building the private golf course for the Birmingham Golf Club represented by then County Attorney Charles Holcomb, and Jon Kelsey owner of the New Southern Motor Hotel. As president of the golf club, Charles Holcomb simultaneously pushed for increases in his public salary as County Attorney, while simultaneously acquiring the rights to the newly renovated private golf course.

(Source: The Cherokeean, p.1 July 6, 1978)

(Source: The Cherokeean, p. 16, November 9, 1978)

There was a time when Cherokee County editorials challenged even the most beloved good ol’ boys for in-your-face corruption. They reported THE WAY IT HAPPENED and as a result were accused of “yellow journalism” for simply reporting the facts.

“It is our intention to point out that this dispute has been made a public issue since the use of public-financed manpower has been utilized in improvements at the golf course.” (Source: The Cherokeean, p.2, November 9, 1978)

“An estimated $3,000 in dirt, manpower and equipment to haul, spread and level dirt, as well as backhoe for cleaning out ditch lines has been invested by authority of the city council at the 9-hole golf course on U.S. Highway 69 adjoining the New Southern Motor Hotel. “(Source: The Cherokeean, p. 1, October 26, 1978)

After a pseudo trial in the Cherokee County Court-at-Law last week, Randy Kelton was sentenced to one year jail time for trying to pass a note to Robert Fox’s grand jury in March 2009. Only one report from the Jacksonville, TX based reporter for the Tyler Paper mentions the jury selection, pseudo trial and sentencing. Kelton of “The Rule of Law Radio,” was accused of acting as an “investigator” in Cherokee County without a license. Kelton handed out a business card with the letters “I-N-V-E-S-T-I-G-A-T-O-R” printed on it. Every entity involved knows what a frame job looks like, and this is just another documented episode. The talk show host was targeted for telling the grand jury what they already knew, that Cherokee County is corrupt to the core. We’ll reprint his letter to the grand jury at the end of this posting.

Remember, these are the same people who let Brandon Robertson (a paroled drug dealer) out of jail after the DPS stopped him north of Rusk with a GUN and crystal meth. (Source: Longview News Journal, May 8, 2008 “Suspect arrested weeks before trooper’s shooting”) They did not inform the Smith County parole department he was in their custody. Instead, they pocketed the absconder’s bond money and set Robertson free to kill the next DPS trooper who stopped him. Trooper Scott Burns was murdered 3 weeks after the Rusk, TX city municipal judge set Robertson’s bond and the Sheriff’s Department refused to notify Smith County about the drug mule parolee carrying a gun. Robertson dropped $1,500 cash on the court’s table for bail.

To the local media it is perfectly OK for their elected officials to perjure. In an attempt to have his original “tampering with a government record” trial heard in another county, Robert Fox filed a motion for change of venue in October 2009. That motion was denied despite nearly 2 years of local newspaper reports of Fox being a “terrorist linked to Timothy McVeigh,” and some sort of dangerous Canadian anti-government fugitive. The Cherokee County district attorney challenged that motion by having the likes of the district judge, city councilmen and the sheriff testify that Fox could in fact have a “fair trial” in the same county he was suing. This after keeping him locked in the Rusk jail for 9 months without Due Process and them answering as defendants in Fox’s federal civil rights complaints.

After this lying under oath was rubberstamped, Sheriff James Campbell’s own son-in-law was seated as a juror at Robert Fox’s trial.

That is what Cherokee County calls a “fair trial.” Even though Fox’s case resulted in a mistrial in June 2011, Cherokee County cannot succeed in framing their intended targets when cases without merit are moved out of the region. (Source: Jacksonville Daily Progress, June 2, 2011 “Mistrial declared for Fox“) Based upon Mr. Kelton’s own complaints earlier to the Robert Fox grand jury in 2009, he should have followed his own advice and never set foot in the county. As a radio personality and investigative journalist, he knows East Texas branches of the US Attorney’s office are complacent about this level of conspiracy to violate the civil rights of those in the crosshairs of local rogue prosecutors. They go along with the “sovereign citizen” rhetoric while turning a blind eye to rapist cops such as Jacksonville, TX police officer Larry Pugh. Unlike large metropolitan regions, Cherokee County’s law enforcement doesn’t have enough to do, and the axiom “idle hands make mischief” certainly applies to them; or in their case “idle hands make a rapist cop.”

That’s just the way Cherokee County, TX operates, folks. State representatives know it and the US Attorney’s office knows it; the Tyler branch of the FBI knows it. Randall Kelton, Robert Fox, county commissioners, JPs, along with hundreds of others have spelled out specific grievances to the State Bar, the State Attorney General and US Attorney’s offices about Cherokee County violating the law. So the question is: why do these agencies who are responsible for policing public corruption allow it to not just fester but to thrive under our noses? Until the voting population removes these people from office, they can expect the entire area to spiral down into insolvency. Neighboring counties and businesses are witnessing how things operate here, and now with the outspoken Randy Kelton in their jail, the economic repercussions will be generational.

There are several theories as to why the Feds enable corrupt East Texas authorities to make a living by framing ‘out of towners.’ The primary reason would be that prosecuting district attorneys after years of violating their oaths of office would undo decades’ worth of convictions. Convicted murderers from these counties could be set free; every Tom, Dick and Harry could have their criminal records expunged. It would take a colossal amount of time and money to review each case handled in these areas for the last 40 years. Hence, Cherokee County’s pattern consists of violating the simplest legal procedures and being corroborated in Tyler’s 12th Court of Appeals. How can prosecutors and bailiffs get away with suborning juries in front of everyone in the courthouse and planting juries with those who are coached to lie during voir dire?

Moreover, the Federal authorities in these areas rely on the phone tapping and other illegal snooping that these underling agencies are willing to do day in and day out. Why go through the hassle of getting a federal warrant to eavesdrop on who they call suspected drug dealers, when they have deputized telephone company employees, cable guys and bored small town cops willing to do it for them? Cherokee County’s telephone exchanges are one big party line.

Again, admission of this unconstitutional activity would result in thousands — if not tens of thousands — of court cases being overturned. Consequently, local justice authorities subvert their version of “investigating authority” into a means of listening to and controlling the lay population. This criminal activity is conducted as openly as the way they rig their ballot boxes. When incumbents receive more votes than actual registered voters, you would think that red flag would be investigated. Instead, they are allowed to cover up the corruption with hand-picked grand juries charged with “investigating” made up crimes that only a rogue district attorney can present to them.

Surely the thinking populace doesn’t believe Mr. Kelton is sitting in the Rusk, TX jail for being an investigative journalist with business cards. Is Kelly Gooch of the Tyler Paper next on their get list for covering the Pct. 3 JP’s complaint against Cherokee County’s open meeting violations? (Source: Tyler Paper, June 5, 2009 “Cherokee County JP makes accusations of corruption towards commissioners”)

Below is the March 2009 letter composed by Randall Kelton, on Robert Fox’s behalf, after his research of Cherokee County and federal authorities in East Texas refusing to intervene.

Dear Foreperson:

I am a radio show host out of Austin, Texas. I do not live in Cherokee County, neither do I have business there. My only contact has come through calls to my radio station. After looking into some of the allegations, what I found was disturbing. I talked to persons involved then came to court and witnessed acts personally that indicate that the police and courts in Cherokee County are totally out of control.

In an effort to give those involved fair notice, and without initiation any action against anyone, I filed a set of criminal complaints with the grand jury. They were not official as they were not signed or verified as would be required. It was my intent to simply give fair notice so that the individuals involved would know they were under scrutiny.

The problem was that any time anyone attempted to defend themselves in the county court, the court would start retaliation against them by filing false charges to have them arrested. The court would then set an outrageous bail, then arrest them again on another false charge, more outrageous bail, and on and on until the person was unable to raise bail. Attached is a statement detailing the abuses.

To my surprise, when I tried to give them fair warning, they were not impressed and filed criminal complaints against me because I filed the documents with the grand jury. They are now trying to trap me in their jail as they have been doing others.

I sent this document directly to you as the local United States Attorney and FBI are fully aware of what is going on and refuse to do anything to stop things.

I wrote this letter in the hope you would initial it and return it in the included envelope. The reason is that there is a standing practice on the part of United States Attorneys to secret evidence from federal grand juries. I ask for initials as the prosecutor has a stamp with your name on it and my investigations have shown that it is a common practice for the prosecutor to use the stamp without your knowledge, or the knowledge of the grand jury panel. This is especially a problem with superseding indictments.

Therefore, so that I can be sure the United States Attorney did not secret this from you, will you please initial this document and return it to me. And please, examine into the allegations made here. The problems in Cherokee County run very deep. Along with the retaliation as a matter of policy, people are kept in jail without bond beyond the 90 days allowed by law. This is done as a matter of course. People are arrested and secreted from magistrates, thrown in jail and no amount of motions or pleadings make any difference as they are all denied as a matter of course.

Please help us return the rule of law to Cherokee County, Texas.

Respectfully Submitted,

Randall Kelton

Grand Jury Foreperson: __________ Date: _________

(Courtesy: jurisprudence.com)

Convictions reaped from planted juries; Sex offender waives cut-and-paste jury trial

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Rusk, TX:

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.

Jessie Antowan Smith died in prison one year later in May 2011.

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.

Jacksonville, TX:

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 assault occurred along with his past crimes (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.

District Attorney makes reporting crimes a crime

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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.

Written by Cherokee County, Texas

08/20/2009 at 9:11 AM