Friday, August 9, 2013

Collin County- Castle Law, Texas Penal Code 9.42 and other nuggets from Paul.

By Paul Bailey

Anyone with common sense and a “properly tuned” moral compass knows already that I am innocent of both the charges levied by the Collin County D.A. And the Dallas County D.A. The Evidence and rules of law provide absolute evidence of those facts. All that is required is the aforementioned attribute and examination of “Castle Law” and numerous other lawful civil rights afforded me as a U.S Citizen and resident of Texas.

Hide if they may, law enforcement and the states prosecutors simply cannot elude the truth forever. Soon ,oh so very soon, the multitude of infringements on my lawful rights and the obvious attempts at covering up the these facts, real evidence and numerous lies/perjuries that facilitated my unlawful conviction will all be revealed. Then it will be those that have been so arrogant as to say. “There is no God”, “God isn't watching” or “God doesn't care”, will know that “God is for real, he is watching and most assuredly cares”!

Perhaps ... it would be best said that God allows man to walk into his traps, so that he can reveal his true glory and power or perhaps man is just that arrogant and pompous that he so foolishly insists on asserting himself as all powerful. It is evident “to the most casual observer “that they are many in authority that certainly think they are a member of “the untouchables”. Chief Renshaw, of the Frisco P.D. certainly thought so when he orchestrated the cover-up of what the inept, ill-trained personnel under his watch obviously did. And the same can be said for the Collin County Judiciary, the Dallas County Judiciary and “some one of unique power within the “home loan modification team” at Bank of America. B of A’s huge office complex so near to my home appears to have had a “sympathizer of Corruption within their ranks. Although B of A is well known for their corrupt, fraudulent practices, so that really came as no surprise. After literally billions of dollars in fines / assessments did not deter them what was such a big deal about trying to steal $100,000 of equity from Frisco P.D.'s #1 enemy? Hey, all I had intended to do with the money upon selling my home....was to pay for an adequate defense!
Oh. so many years ago I had no idea the length that corrupt law enforcement, city, and county officials would go to ... to silence a Whistle-Blower, attempting to expose a grave, dangerous and evil power that has a death grip on an unsuspecting citizenry. Because that is what I have done and how I have suffered the wrath of the true criminals.

I do not know how to express more profoundly and loudly how our society, asleep and afflicted with social apathy have allowed our country to become a “Police State”.

Little did I know that my exposing the clearly evident, factual, dangerous, inept and ill-qualified actions of Delanna Copeland and Officer Scott Greer would reign down retaliation that would cost me everything!

Lord have mercy! A cry I have made again, again and again. Little did I know that his powerful hand was at work, the very first time I cried out that prayer “I am here, I see, and I care” was his rallying battle cry that I heard.

Conceptually, I felt it necessary to reveal the strategy that I (with the help of my attorney Raphael de la Garza and P.I. Randi Ray) had intended to present in my trial, before judge Wheless appointed the second team of court-appointed public pretenders Greg Gibbs and his “female dog” Mark Ledbetter.

*** It is a recorded and attested-to fact that Attorney Greg Gibbs has declared that he “did not want judge Wheless to make him take this case. He said “I don’t take court-appointed cases anymore and I didn’t want this damn case!” immediately upon completion of my trial as I was being removed from the courtroom in handcuffs headed to prison!

Also, the court record reflects numerous interruptions of the trial in an attempt to convince me to take a “plea bargain” of guilty, with Wheless imposing only probation (although 10 years!). Even though in accordance to law I was not eligible for such! Furthermore I was told (as ones other) that J. Wheless did not want to try this case!

I have always contended that Judge Wheless knew that I was both justified and innocent, but had succumb to pressure from both The Frisco P.D. and the Collin County D.A.’s office as my actions were deemed a threat to the “Status Quo” (that permitted infractions, civil rights violations and illegal arrest regardless of improper procedure, inept performance, and ill-qualified police officers who ignored proper police protocols...all under the auspices that the police must maintain a “knights in shining armour” appearance.

Such is the case with the ongoing social engineering, police-state indoctrination of society that is so perpetuated in our Media! What else do you watch other than “Police Heroes” of Law and order, Blue Bloods, NYPD Blue.

It has been “Police State/Social Engineering/indoctrination that is actually the core motivator behind silencing me and wrongfully convicting me. I cannot tell you how many times I heard Greg Gibbs (My public pretender) say “we just can’t have people shooting a gun when it’s a cop at the door”----Regardless of the fact the cop had clearly depicted himself as an expected (possibly armed) Burglar with a very long rap sheet who had not only threatened me, but who had been on an array of drugs (crack, meth, amphetamines, and Marijuana). Greer failed to use proper police protocol by failing to announce himself, park in front of my house, and by not having police lights on his car. Just because he was unaware of the threats that I had received, and he had fallen for the ruse that Delanna Copeland perpetuated, does not mean that I had ANY IDEA THAT HE WAS A COP! Gibbs, a retired cop himself had been hand picked because he was a known sympathizer of police-- and a lifetime member of their Brotherhood sworn to cover up for, or take out anyone who was thought to have threatened one of their own. (What I have referred to previously as the assassination vigilante patrol).

Although I still contend that Judge Wheless believes me innocent, he failed to do both his lawful duty AND his moral duty. Wheless should have thrown my case out on its ear, but relented to pressure from the establishment!

De la Garza told me on numerous occasions that Wheless was a good and fair judge, a pistol packing good 'ol boy that believed strongly in the 2nd amendment. Although Wheless still tried to get an innocent man to plead guilty!

But back to the defense strategy I intended to use AND THAT GIBBS Agreed to in our private conversations, but failed to incorporate in my trial.

First you must realize that even using the corrupted, altered, tampered with evidence my defense is open and closed case of innocent!?!

Beginning with the fact that my charge was Aggravated Assault with a deadly weapon. You you should take notice that even the Collin County D.A. knew I was innocent. Why was I not charged with aggravated assault with a deadly weapon on a public servant? Because the Frisco P.D acknowledges that I did not know that it was a police officer at my door! Proof of this is on the videos posted on this blog!. Greer States “But I don’t think he could see me, and later by the supervisor sending instruction to Delanna Copeland “to call him and tell him it’s the F'ing Cops outside” (Which she never did!).

So why did they tamper with the official certified police audio/video, me yelling a warning to (who I thought was my son) “Rick get out of here!”? Because that was proof of my intent to warn off a burglar and proof that officer Greer’s Improper approach, failure to announce. Followed by his lie attempting to cover up his inept, ill consisted, improper, violation of police procedure / protocol that blatantly proved he had violated my civil rights and that my actions were not only justified. But that I .... unlike him had taken the precaution to identify myself and yell a warning!

Had the “professional authenticator” followed through with his original assessment that the recording had unexplained / unusual flows that would have ended everything.

But the “authenticator” of Yonovitz & Joe of Park City, UT after saying in emails that there was some odd things with the tape. After he got the certified copy, that he received only after going to Frisco P.D’s Headquarters’, he radically changed his tune. They provided a purely fraudulent documented finding, to my attorney (De la Garza at the time) and the court. This man will be charged with perjury and tampering with evidence. Unless of course he’s smart enough to come forward and cut his own plea bargain and expose who “paid him off” to do it!
I will always contend that “Castle Law” afforded me the legal right to do what I did, and that regardless of it being a cop. Since everyone acknowledges (and even the tampered with evidence substantiates) that I did not know it was Officer Greer at my door. The obvious conclusion one has to arrive at is that evidence combined with the fact. I didn’t know and the substantiated facts (texts, threats, witnesses, and other evidence, including the fact that my son was arrested with my stolen items the next day and served prison time for identity theft) that I was justified in expecting a burglar via castle law.

(The numerous witnesses, text messages and other evidence is far too much to get into now. . and -------you will see as I continue) provided adequate proof for an aquittal! I had harped on that point to De la Garza and Ray again and again.

After several meetings and my finally sending De la Garza and Ray may findings as to Castle Law including the provision for “At the degree of lethal force that the actor deems necessary “

Texas Penal Code - Section 9.42. Deadly Force To Protect Property

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property: (1) if he would be justified in using force against the other under Section 9.41; and (2) when and to the degree he reasonably believes the deadly force is immediately necessary: (A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and (3) he reasonably believes that: (A) the land or property cannot be protected or recovered by any other means; or (B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.

De la Garza called me back and to my surprise said “I’ve got this thing, now I see how you have a pure winner. We will begin and end our defense at the point out time they claim you committed a crime! Regardless of whatever happened afterwards, you had legal right to do what you did.. not perhaps because you feared for your life (which I did), but because you were defending your castle! Your actions were never meant in aggression, you intended to, and did in accordance to your lawful rightful attempt to protect your castle and by firing a warning shot you further proved that your intentions were not aggressive, but were meant only to protect your castle! They cannot use the “He was a cop card” because they acknowledged (on the tape) that you did not know. You can clearly hear Greer running for several seconds before the shot is heard (in the squad car audio only BTW—since they erased my “get out of here Rick, statment and the warning shot). So again no way your actions were meant to harm or endanger anyone.

It is important that you remember that Grey Gibbs led / coached out of Officer Greer a lie and a perjured statement. Why? Because the evidence contradicted any assault with a deadly weapon.

So...De la Garza continued “ will end our defense at the door! Again, as I said all the rest is irrelevant. Your admission that you had taken a clonozapam and had a couple scotch & waters and went to bed. Put you in a fog I will contend, and rightly so.”

The prosecution will try again and again to take the jury down a rabbit trail, and I will object again and again because everything else is IRRELEVANT! YOU DID NOT DO WHAT THEY HAVE CHARGED YOU WITH. They did not charge you with premeditated this or that, they didn’t charge you with attempting to cover up a crime scene.... because you didn’t!

Castle law is castle law and it is a valid law that unequivocally justified my actions!

Even though Frisco PD tampered with/ Altered and/or erased my warning.... the parts that they didn't erase, STILL PROVE MY POINT!

I think the Collin County DA told them they had no case..... So whala... The witch hunt, character assassination, destruction of my health and attempts to steal my home and eliminate the last chance of affording an adequate defense was off to the races. The Devil and his minions had their plan of action, and erase they did!

But wait...there’s even more!

The authenticators report said that rather a technical error or Officer Greer “Muted” his microphone and I never took it upon myself to get another opinion; I know it was not accurate ... but I resolved myself to the opinion that they had someway accomplished what I was told was not possible.

Only upon Sis's “Female intuition any her family reviewing the dash cam video and the squad car audio did she and I learn some 2 plus years later and after being imprisoned for over a year unlawfully, did I learn that the authenticator had lied!

The lapel mic “that Officer Greer /lied/ perjured himself by testifying that he did not have (but did) it was not muted but erased! The first proof of that is that the gun shot is not heard on his lapel mic....After the recorded audio continues but is heard on the squad car audio....making it far more of a “ glitch “as the gun shot was clearly working again when I fired the shot. If he would have been at my door and had seen the muzzle fire as he lied/perjured/testified, if should have not only been heard, but heard loudly! The second factual point is that a glitch and/or muted” Microphone on the closed circuit system (that is designer to catch just this kind of situation... to avoid people like me being wrongfully convicted) would have showed a flat line.... Not a break in the recording which is abundantly evident of an ERASURE!

It was the aforementioned reason that the court-appointed expert (Mr. Joe of Yonozitz & Joe of Park, Utah) had asked for a certified copy be downloaded in his presence. Talk about incriminating evidence. The man essentially signed his own arrest warrant.

And attorney Gibbs attained yet another fraudulently misrepresented opinion (supposedly depicting the gun shot... a fact that not even the Frisco PD or my lying expert support) And I’m certain has attempted to continue to lie his way out of his just won’t fly! We can and will prove our point when it comes time to slam the door on the “expert” criminal!

And there are many more erasures on the recordings.. all that would have been very incriminating! all goes to why Frisco PD. Refused to provide the evidence until offer four attempts / appeals made by me to the Texas Attorney Generals office....finally (???) demanded they release them to me and then they only gave me partial evidence... not until my 2nd or 3rd court appointed Public Pretender, and some 15 – 18 months (don’t remember exactly) did I receive the Altered / Tampered / Erased recordings!!

Hey...make no bones about it ---the amount of corruption that has gone into covering up Frisco P.D’s malfeasance is of novel proportions!

The contributions that the Dallas County D.A. And the ever vile and evil court of Judge Teresa Hawthorne attributed are already addressed in the “Dallas Case”, should you want to add it to the list.

However, what is worthy of adding, concerning the actions of collusion to commit Malicious Prosecution is the fact that Judge Hawthorne issued a beach warrant for me to be transferred to Dallas county contrary to proper procedure, prematurely!

Since I had been appointed pro se and had appeared before Judge Wheless, who accepted my appeal and motion for new Trial, (over the Collin County DA’s lame attempt to count the day at my trial in the 20 days from the day of the trial) I should have never been moved released by Collin County, until after the hearing that Wheless had set and acknowledged, for arguing such. It’s one of those “obvious to the least casual observer” points that makes it clear that the mode was illegally done in a collusive effort between the Collin County D.A and Dallas D.A.

Especially since J.R. Cook had already been presented with a copy (and one with me as pro se as well as a motion to be made pro se ... all within accordance to proper legal procedure). The Motion to Quash” that only now Validates my illegal imprisonment and moreover proves it was and is a valid instrument that should have resulted in the Dallas Charges being dropped.
In addition, my motion which was timely served for a bench warrant to Wheless should have facilitated my return regardless of Dallas and Collin Counties tactics for Malicious Prosecution.
All of this is in my appeal Brief I shall that argue successfully, unless the 5th circuit just rules in my favor and has me returned for mere technicalities and to set a bail.... which I have also already made a proper motion requesting.

Again... all of this illustrates just how far the corruption in this Vile State of Texas goes ... I know God is watching and he cares tremendously... I am content to see how much wrath these people will cause to fall down on their heads! 

2nd Amendment RightsCastle LawCollin County,Collin County District AttorneyEvidence TamperingFrisco Texas Police DepartmentLindsey Byers Assistant District Attorney Collin County Texas, Greg Willis Collin County District AttorneyMalicious Prosecution, altered evidence, tampering with government records, Right to Bear Arms, Castle Law, Collin County Assistant District Attorney John Schomberger, False Arrest, Police Corruption and Abuse, Militant Militarized Police Force, Police-Assisted Theft in Collin County, Conspiracies and the Law, RICO, Color of Law, Civil Rights Abuses by Police, 
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