Showing posts with label Double Jeopardy in Texas Courtroom. Show all posts
Showing posts with label Double Jeopardy in Texas Courtroom. Show all posts

Thursday, June 26, 2014

MORE JUNK SCIENCE----MOVE OVER SAN ANTONIO 4


MORE JUNK SCIENCE (San Antonio 4, . . . move over)


By David Lightfoot Hernandez

Preface:   URGENT... IF YOU OR A LOVED ONE WERE A DEFENDANT... AND THEREFORE, POSSIBLY A VICTIM OF FALSIFIED FORENSIC EVIDENCE, WE RECOMMEND YOU CONTACT THE APPROPRIATE AUTHORITIES, AS ALL CASES INVOLVING BARRY DICKEY AND YONOVITZ AND JOE WILL ASSUREDLY NEED TO BE REPOPENED TO EXAMINE THE VALIDITY OF THEIR TESTAMENT(S).
(WE HAVE PUBLISHED ONLY A PARTIAL LIST)

More Junk Science...

In the course of human endeavors, lives evident, the evil in man's heart. When it is prudent to tell the truth, he tells the contrary. Faced with the decision to tell the truth or "sell a lie," the salesman always prevails.

When men are given power and authority, to which they can deceive, it seems as if "becomes them," to hide the truth. The innate characteristics that work contrary to the command to produce the entire truth and all the evidence favorable to the support of innocence, of one accused; . it seems as if handing over the actual evidence, means to give up the most valuable idol! Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d (1963).

In January, 2014, Governor Rick Perry signed into law "the

Michael Morton Act." Prosecutors must now live by Art. 2.01, Tex.

Code of Criminal Procedure, regularly or face serious consequences.

Unfortunately, Paul Bailey was victim of prosecutorial misconduct  prior to 2014!? Which raises the question... why only after 2014!?

How audacious, how many times audacious, can/must be disavowed?

Does justice assured start only after January 2014, in Texas?

The Trouble with Doubles...

When two experts lock horns hell usually breaks loose. In Paul

Bailey's case, one expert saw the light or .hears a gunshot...

while the other claims there is no light... does not hear a gunshot,

so to speak. The truth (according to these “experts”) is, and/or they

attest to... stands so far that there was no tampering, with the

audio evidence. But... lo and behold a third, then a fourth, and

a fifth and even a sixth bull appears with bigger horns, and all

together far better validated technology. Suddenly a real dilemma

exists! Trial counsel covers their groins, saying: "Don't kick

us Paul. We bought the best experts the indigent defense fund

could buy!"... "We didn't really know!" (That is a lie, Paul Bailey emailed them
and their assistant numerous times about the mysterious blanked out spots on the
tape!

He also raised the issue of the phone call the police had with his daughter—
it was not on the tapes either—Is that the additional 5 minute blanked out spot
that experts found?

What now!? Frisco is left, for all intents and purposes-- naked

in the cathedral.

AND, Paul Bailey has proven the length some will go to, in

order to hold fast to the truth... even if it means, being an actually innocent man, he will be sent to prison! All the while those perpetrators of evil hope his demise in the dreadful place will end their fear of exposure.

The prosecutor(s) knew of the tampering of the audio evidence (Collin County); they knew of the check for the '08 Land Cruiser was forged and constituted both corporate fraud and bank fraud (Dallas County)... yet they failed to disclose this to the defense. Brady v. Maryland, supra, was audaciously disregarded.



Move over...

So, as far as the so-called expert opinion(s) regarding the
audio evidence and bank's forensic evidence that the prosecution
was in possession of, one need not look any further than the case of the "San Antonio 4," who fortunately were exonerated (only)
after the recantment of pediatric doctor, Kellogg, when she had a change of heart following the American Academy of Pediatrics change of protocols governing exams on sexual assault victims. Hmm... "protocols."

Science is predicated upon theory, and theory is not always

fact BUT S.W.A.G. (Scientific Wild-Assed Guess) apparently can

precariously overcome the obvious to the most casual observer facts

. as the better truth, when it is not subject to scrutiny! Or so

it seems.

The City of Frisco in collusion with Collin County and Dallas

County's district attorneys, went to great lengths in an undeniable

collusive malicious prosecution. All to put away an alleged crazed

gun-totin' lunatic (as it was portrayed by media outlets like WFAA and the Dallas Morning News- who spouted Frisco Texas' Police Department's official party line--- so much for “Freedom of the Press”- what we really have is freedom to do nothing and question nothing because they are lazy press. But what and/or who is the more crazed lunatic? So many conspiring to put an innocent person in prison?! All for the sake of saving face? Who is the real lunatic(s) here?





Shame on You...

I say this to their shame That would be Frisco, Collin

County, Dallas County's shame... yet to be revealed is Bank of

America's participation in this dispicable crime but soon to be exposed!???

To what length shall man's evil expound? The limits it seems



can somehow wield the sword of injustice... or somehow... control the combination to the bank vault.

For man's heart is evil continually. His precious idol... or

god... is made out of wood, fiber, and ink, and adorns the portraits

of dead presidents.

Money, or the love thereof,... is truly "the root of all evil?"

Wednesday, June 18, 2014

ABSOLUTE AUTHORITY, ABSOLUTE POWER, ABSOLUTE CORRUPTION IN COLLIN AND DALLAS COUNTY COURTROOMS

By Paul Bailey

Paul Bailey has learned the hard way that there are basic rules of law practiced by State of Texas. Bailey contends it’s imperative that everyone be confident of these laws, laws that provide the foundation for which the prison system is supplied a steady flow of occupants. Laws that represent precisely why district attorneys and judges, most specifically Dallas and Collin County but includes many others in Texas should not go unopposed in election.

Such is why, excuse me, I mean how district attorneys are able to maintain their totally unqualified conviction rate, they relearned these basic rules of law early on, it took Michael Morton 25 years of illegal incarceration to realize that these rules of law shrunk any legitimate judicial process.

Bailey does however also realize that the numerous acts of judicial misconduct that he has endured far outnumber those committed in Morton's case. He also realized that those that have participated in his highly illegal, malicious prosecution may not intend to for him to spend 25 years incarcerated, they intend to for Bailey to be released as soon as possible in a wooden box. Bailey continually asserts he fears only the one that can kill the soul not the body however.

As we said in our first edition of this article, the acts of judicial misconduct in the Michael Morton case paled in comparison to Bailey's case. The parties involved in the egregious acts of malicious prosecution range from multiple levels of the judiciary from local, county, state and even federal officials. The blatant violations of law in order to cover up malfeasance, dereliction of duty and police misalaniouism requires the best of the best of the most corrupt. Perhaps some participants may have thus far been reluctant participants, Bailey suspects Judge Ray Wheless is one. However Judge Teresa Hawthorne offered unfettered, pompous disregard for proper judicial procedure alliance quite willingly as is the Dallas DA and certainly his court appointed pretender J.R Crook (I mean JR Cook).

Which brings us to yet another violation/disregard for the proper judicial process and/or application of law. Cook’s participation revealed in his disregard for the properly filed, filing of a quash motion, J.R. Cook not only refused to file he left Bailey to argue the motion to the illegal indictment and Hawthorne allowed the DA to side step this quash and illegally charge me for a debt discharged in bankruptcy.

Had Cook had any regard whatsoever of properly defending Bailey, just let it be dismissed now. Even after prompting by Bailey’s daughter and numerous text messages and phone calls ending in a faux pas by Cook, deliberate faux pas we must add that ended in Bailey’s conviction.

So along with the obviously properly dismissed as civil dispute investigation by Detective Cox of the Dallas Police FBI Cyber Squad we shall include the disregard/ineffective council and by the way Judge Hawthorne, J.R. Cook was Bailey’s court appointed attorney at the time of the quashed motion contrary to your pompous remarks to my friend (her initials are DM and yes she prepared an affidavit of her mistreatment by JR Cook and Judge Teresa Hawthorne the day she went down to obtain a copy of the transcripts for me.

There are so many other illegal or illegalities such as allowing a postdated foreign power of attorney/affidavit to be submitted in the court by the so called victim and we haven’t touched on filing federal bankruptcy law by going so far as to include the quash as part of Bailey’s Writ of Habeas. Moreover, the malicious prosecution is obvious.

TO BE CONTINUED....

MISCONDUCT IN MICHAEL MORTON CASE PALES IN COMPARISON TO THE KANGAROO COURTS OF COLLIN AND DALLAS COUNTIES

By Paul Bailey


Although Collin County’s prosecution/cover up of the City of Frisco’s malfeasance shall ultimately be revealed as the latest case of how law enforcement alters/falsifies evidence (in collusion with judicial, prosecutor, and dare I say Defense attorney misconduct) in order to obtain a conviction from the cohorts in corruption we’re trying to address.

Collin County's and Dallas County's prosecution of Paul Bailey is the winner of the award for “most aggrievous act of malicious prosecution” by a judiciary.

The premeditated, collusive act that ultimately provided Dallas County DA his own trophy may even shock you. Only after many hours of reviewing the past evidence and legal precedent was the conclusion arrived at that the appeal needs to be that of malicious prosecution/actual evidence, actual innocence. There is simply so many grounds to overwhelm, to overturn the conviction; the only way to describe them is convoluted. There are so many numerous illegalities, there’s evidence of multiple improprieties, curious interpretation of law and acts judicial misconduct no other premise may be deemed appropriate.

These aggregious acts are believed, that the case will set yet another standard in obstruction of justice and judicial impropriety.

A premeditated collusion of various law enforcement, court officials and/or attorney is fundamentally obvious. In fact too numerous are the infractions of obvious power that a priority alignment of the declaration has not yet been assigned.

Although not yet confirmed will be the fact that a proper investigation by Detective Cox of the FBI, Dallas Cyber Squad had assigned and published its prosecution report dismissing the matter properly as a civil matter, civil matter in quotation, in 2009. Certainly since the prosecution and the court appointed PI lied (on the record) by the way, they said that Detective Cox had retired and they had no way of knowing where he was or how to contact him at the time of trial. Imagine not being able to find an FBI agent. Detective Cox was and remains a employed to this day by Dallas PD and the FBI right here in Dallas. It is obvious that Detective Cox wanted nothing to do with the Collin/Dallas County DA’s highly illegal ruse and he refused to go along with the outrageous perjury/judicial misconduct, (I digress, friends there remains someone in law enforcement who has a properly aligned moral compass).

But then again so is the attorney Jim Baumgartner, who represented me in bankruptcy, then died unexpectedly just a couple of days before my trial. There of course was another one that was then unable to respond to a subpoena (like Officer Debra Stansell whose untimely death made her unavailable for my Collin County Trial), especially bad since he would have testified to his instructing me (Bailey) to sell the vehicles in question in a liquidation of corporate asset. His death was devastating to his family and to me, Paul Bailey.

There are many of other improprieties and illegalities and certainly unusual circumstances that should be placed first like the liquidation and/or act itself. That followed a four month disappearance act of the so-called victim. Bailey’s office manager at the time, Christina Rynearson since her health had taken a sudden turn for the worse and made her unable to answer her subpoena. Judge Hawthorne wouldn’t let her affidavit be admitted as evidence although it was notarized and has been used in a previous court hearing. She was prepared to testify by phone but that wasn’t allowed either.

Everything Bailey attempted to submit as evidence was denied by Judge Hawthorne and even the evidence that the Dallas prosecution provided is highly suspect. Take a look at the Detective Cox report, imagine that a prosecution can simply black out sections that are providing the defense as evidence and get away with it. The bottom line is that the Dallas DA, District Collins DA simply swooped in and stole Superman’s cape as they flew around the court room unchecked, allowed to have all of Bailey’s objections overruled. The ever pompous Judge Hawthorne was ever present, kangaroo court?? Kangaroo court??

At this point we’re unable to show the official court record as all requests were denied without written order thus far. Judge Teresa Hawthorne denied every legal remedy requested by Paul Bailey.

Maybe we’ll start with the fact that an unopposed hearing of bankruptcy is that denied a legitimate adjoinment by Federal Court that was attended by Dallas County’s lead prosecutor but Bailey was not and which facilitated a erroneous ruling by that Judge. The motion to adjoin by the next defiant federal bankruptcy judge, anyway you start to get the convoluted part.

Tuesday, June 3, 2014

THE MURDERS JUST HAVEN'T BEEN REPORTED YET- PAUL BAILEY SUSPECTS FOUL PLAY IN SUSPICIOUS DEATHS

The following article was written by Paul Bailey and transcribed from his recorded statements.

Was my Bankruptcy Attorney murdered just like Detective Debra Stansell?  We will let you decide by letting our readers examine the documents following this article.
As one of the great jailhouse lawyers of all time, David Hernandez at the Lynaugh Unit said to me when quoting ex parte Taylor, 36 S.W. 3rd 88387; the Texas Criminal Appeals 2001 quotes "The state of Texas has only one indivisible interests in a criminal prosecution: To see that the justice is done."

I almost puked," Hernandez said. Nothing can be said that is more audacious than an ex parte Taylor, nor embodies a greater oxymoron. I shall endeavor to say that my incessant insinuation that the influential judiciary and law enforcement may meet with some sense of demise is not so audacious. Consider, if you will, the suspicious circumstances that surround the death of Frisco P.D.'s Detective Debra Stancil and one attorney now deceased, Jim Baumgartner; both key and the defense prosecution of Paul Bailey of Frisco, Texas.

A defense that has met with every conceivable malfeasance, judicial illegality and misconduct that stands to reveal the cover up of the most egregious, law enforcement involvement, collusive act of dereliction vigilantism. The now disturbing likelihood that my Attorney and friend as he was good at both, Baumgartner met with the same fate as Detective Debra Stansell of Frisco P.D. is , as I've said, 'disturbing'. I shall never forget the frightful alarm in my daughter, Kimberly's voice, when she informed me that like Debra Stansell, Jim had died an untimely death which would hurt my defense.

The subpoena that I had requested only a week earlier had yet to be served. With only a day or two before my trial I had solicited my daughter to contact Jim herself because my court appointed investigator said he could not contact him or serve him. My daughter’s words: "Dad! Jim died yesterday! Oh my God. Nobody seems to know what happened! He just died! What's going on here? First Debra Stansell, now Jim Baumgartner?"

Jim Baumgartner's testimony in my trial would- I said 'would'- that there be no misunderstanding; I did not say "should" or "could", I said "would"- have ended the highly illegal prosecution of aggravated theft and I would have been freed on bond soon thereafter. Free to pursue my appeal for the now proven actual innocent charge in Collin County. You remember the one which he inevitably revealed Frisco P.D.'s multiple acts of malfeasance, vigilantism and tampering with evidence. Oh, yeah. Agreeing to continue exposing the aforementioned criminal acts on this blog properly, this post is but a taste of what is yet to come as the Dallas County's illegal prosecution will be rightly be exposed regardless of the audacious.

I just had to let the world know to be paying attention for soon all will see that Jim's untimely death, like Debra Stansell's, deserves a proper review. As to Judge Willis, Rhodes and Detective Cox- all of which hold positions of power- in wielding true justice in my behalf and exposing many corrupt law enforcement and judiciary officials. They may want to watch their backs.

Check the shadows and be Cognizant of whatever they eat or drink. Oh, yeah, one more thing. Keep it on the QT with their spouses. I really don't want to write anymore audacious circumstance articles. I have to write an article or two about all the mail interruptions or how such preventive- proper, or awful, or timely- legal instruments, objections from being filed. You know the kind I mean. The ones that would overtake justice, "exposing the corruption that is covering up corruption".

Like the last objection that has yet to be received and filed, that will bring light to Texas' Court appointing the fox to watch the hen house that Collin County may be available at the time of this post. Or in the case of Judge Rhodes who will have a renewed opportunity to make a just ruling and join/vacate the illegal and/or void judgment of the Dallas Case. I certainly hope she's around to do so. The Dallas D.A. probably thinks I'm barking up the wrong tree, but that's alright. They have underestimated me before.

Funny how the Lord works. Evil intentions and lets evil dig its own grave. When lies cause lies sometimes the new lies pick up new ones, too. Soon all will know what I mean. Just hoping that nothing more audacious happens. Have a blessed day.










ATTORNEY APRIL E SMITH, ATTORNEY J.R. COOK, JUDGE TERESA HAWTHORNE, TEXAS COUNTRY CLUB OF JUDICIAL CORRUPTION, JUDGE RHODES, MALICIOUS PROSECUTION, DOUBLE JEOPARDY IN TEXAS COURTROOM, JUDGE TERESA HAWTHORNE'S COURT ORDERED CONFLICT OF INTEREST, JUDGE TERESA HAWTHORNE MANIPULATES THE DOCKET, POLICE CORRUPTION AND ABUSE

Saturday, May 10, 2014

WHY THE DALLAS CASE WAS BOGUS AND CHARGED PAUL BAILEY ILLEGALLY

This is a page from the Enjoin Motion filed which points out the law which shows very clearly why Paul Bailey was illegally tried.   The entire case was one to assist Collin County to get Paul Bailey away from his blog and create havoc for him so he couldn't fight the Collin County coverup/crimes.   In addition, the Judge Bench warranted him months before his trial in Dallas INTENTIONALLY so he could not attend his hearing for new trial.

Paul believes God is in control since he now has proof that the Evidence in Collin County was tampered with.

At any rate, here's the page that talks about why you can't be charged with theft after you file bankruptcy (this is after the car buyers never answered phone calls or emails for months to accept delivery of the cars).   


Wednesday, January 29, 2014

DALLAS JUDGE TERESA HAWTHORNE BACKDATES DOCUMENTS




After Paul Bailey's Writ of Habeas was ignored by Teresa Hawthorne for Months (the writ never made it on the docket, by the way), Mr Bailey filed a Writ of Mandamus (that one never made it on the docket either! He then in quick succession received a document in early December and witnessed as well, which was BACKDATED to September 2013!  (some of the documents below are scrollable!).



He also received two postcards saying the Court of Criminal Appeals has his document and it was dismissed. We are now trying to ascertain what the problem was because the lady in Dallas went over it with a fine tooth comb. If you scroll through it, you'll note there are a couple of extra blank pages, but it's all there- so we have no idea why it was dismissed. But he's still working and will reveal as much as he can about this corruption.



He then in quick succession received a document in early December and witnessed as well, which was BACKDATED to September 2013!








2nd Amendment Rights, Right to Bear Arms, Self-Defense, Castle 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, Police abuse

Thursday, July 4, 2013

Dallas Case: More Information

Mr Bailey received a different document from the Judge that is not listed online for the case.   He is reading it in the audio attached.   How can a court appointed attorney represent Mr. Bailey and also NOT represent Mr. Bailey by being an independent fact finder for the court?

Also how can Mr Bailey answer specifics if the Judge will not give him the court transcripts and supporting evidence requested in the show cause document?    These documents were also requested by someone Mr. Bailey gave power of attorney to and she was accused of "practicing law without a license".   Yes, we will post the affidavit soon.

How can a previously discharged in bankruptcy debt become a crime?


How can a faulty indictment, be amended illegally, be then thrown out (thus clearing him of the crime) and then the amended indictment (for the same transaction), be allowed to stand and then result in double jeopardy in the same trial?   This crazy stuff can only happen in Texas!

Here is a recording created using HT Professional Recorder: