Sunday, February 7, 2010

Prosecutor wastes taxpayer dollars during Recession

"Make the lie big, make it simple, keep saying it, and eventually they will believe it.” - Adolph Hitler

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Something smells rotten, and this ain’t Denmark- it's Cherokee County, Texas, folks. The Faye Bell Harris saga is actually the story of her ex-husband being a drug snitch for the district attorney’s office gone really badly. That’s not the version the district attorney, sheriff’s department and those rallying around the “Faye Bell Harris Amendment” would tell in 2005 when Elmer Beckworth told his fib all the way to the state capitol. They would have you believe a drunken, drugged and dangerous individual on Felony Bail could actually be repeatedly arrested and RELEASED after threatening the woman whose house he had repeatedly tried to burn down. Before the epiphany that perhaps a Cherokee County district judge should order the incarceration of a deranged drug addict whose pattern of trespassing and stalking might lead to cold-blooded murder.

DPS officer James Scott Burns would not have been murdered on April 29, 2008 if Cherokee County’s elected officials had simply kept their promises to the voters to diligently and without bias obey the law themselves. Rather than deposit the $15,000 in bond money into the local coffers per the district attorney's recommendations. Collectively they illegally released Smith County parolee Brandon Wayne Robertson after his felony arrest April 7, 2008 for narcotics and gun possession. (Source: Longview-Marshall News Journal May 8, 2008)

Of course the local Cherokee County media omits the part about Brandon Robertson being arrested by the DPS for having a GUN and drugs. So we'll go ahead and reprint it here:

Suspect arrested weeks before trooper's shooting

By RANDY ROSS rross@longview-news.com
Published May 8, 2008

A Texas Department of Public Safety trooper stopped and arrested Brandon Wayne Robertson about three weeks before officials believe the convicted felon fatally shot Trooper James Scott Burns. According to the Department of Public Safety, Robertson was stopped about 9:40 a.m April 6 on Texas 135 in Cherokee County. Officials did not immediately say what initiated the stop. Robertson was arrested on charges of possession of a controlled substance and possession of a firearm by a felon. He was released the next day on two $7,500 bonds, according to sheriff's office records. A call to the bondsman was not immediately returned, and it was unclear who contacted him.

Judge Forrest Phifer, who works for the municipal court in Rusk, Wales and Cuney, said he set the two bonds at an amount typical for the charges. He said he could not set an "oppressive amount" without violating the U.S. Constitution.

Phifer said that he thought the trooper who arrested Robertson said there were no problems during the traffic stop and that the firearm was found in the trunk of the vehicle. He added that he didn't recall information that would have indicated that Robertson posed a risk that justified a higher bond.

Officials say Robertson fatally shot Burns after Burns pulled Robertson over in Marion County the night of April 29. Robertson was found dead May 1 with a self-inflicted gunshot wound, according to law officers.

Jennifer Lynne Petrick, 36, was found with Robertson and arrested on charges of possession of marijuana and probation violations. Petrick remains in Cass County jail on a $5,000 bond, according to the Cass County Sheriff's Office. Investigators say Petrick was in the car driven by Robertson on the night of the killing.

(c) 2008 Cox Newspapers, Inc. - Longview News-Journal

Cherokee County’s elected bureaucrats always try to finagle the system in order to enrich county coffers, as they did when setting in motion the murder of Trooper Scott Burns. Instead of denying that lucrative bond and maintaining custody of a very dangerous armed drug mule/ parole violator, such as Brandon Robertson. And these hubristic officeholders didn’t bungle their releasing of the above-mentioned drug addict Michael Harris in 2003. Their price tag to ignore the laws about notifying a parole violator’s Smith County parole officer and required no-bond detention was $15,000 and less and nonexistent for Michael Harris. More on this in a moment. Insidious corruption along with voter complacency enables this infrastructure not to just survive but to thrive decade after decade.

Voters in the upcoming March primaries should consider which candidates support wasting taxpayer dollars versus those who pledge to clean up the “corruption” and nepotism that has been going on for decades in plain sight. Which candidates support long and frivolous court cases that perpetuate never-ending whitewashes of lies and postponed hearings, as in the case this month against Robert Fox? Which candidates support using the judicial system as a means to grandstand fictitious claims of “terrorism” and a “win at all cost” mentality? Even after spending and wasting tens of thousands of your tax dollars trying to keep the likes of a harmless Robert Fox in jail for nine (9) months with bond set so exorbitantly high in order to ensure his inability to pay it. And so they could deprive Fox of his freedom (at taxpayers’ expense) while they juggle to figure out what more they need to invent to finally convict him of ‘something’. Yet they let Brandon Robertson and Michael Harris walk out the door to kill, with virtually no Probable Cause hearings whatsoever. Is it because Robert Fox is destitute and offers no money to the Cherokee County infrastructure?

Cherokee County, TX and related Robert Fox court hearings in 2009 alone range from the preposterous to the completely fabricated by the district attorney’s office. Elmer Beckworth et al's following cases against Robert Fox and associates have been dismissed:
• Feb 15, 2009 Felony Parole Absconder EXTRADITION FAILURE
• March 11, 2009 Felony Barratry DEPORTATION FAILURE
• April 28, 2009 Felony Tampering with a Government Record DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• July 28, 2009 Class A Misdemeanor DISMISSED
• Nov. 19, 2009 Simulating Legal Process case against Robert Fox DISMISSED

The media again has taken its cues from a corrupt Cherokee County judicial system and fails to report that Robert Fox is facing yet another day in court at the end of February for a bogus “tampering with a government record” charge. Trial dates have been picked right before the March elections in order for Fox’s stacked local jury to decide whether or not the city of Jacksonville should have its liability insurance premiums threatened by civil rights violation suits. Even after all charges related to the open-ended raid of his property have been dismissed.

This month Cherokee County’s lead prosecutor Elmer Beckworth takes on Robert Fox’s court-appointed attorney by having the district court hear Motions in Limine to keep the release of armed parolee Brandon Robertson stricken from the record and from the ears of jurors. As usual, doing the State's best to draw the court's attention away from the relative facts. The District Attorney wants to hush-hush the illegal treatment of Fox by Reece Daniel and other Jacksonville police officers with the State's motions. It appears police misconduct is the backbone of the Robert Fox defense. At the same time, the Cherokee County Sheriff"s Department was caught sending false emails in retaliation of Jacksonville chief of police Reece Daniel's outspoken complaints about the way Elmer Beckworth has been handling the Fox case. (Source: Tyler Paper December 19, 2009)

A problem arises if the motion in limine is granted to the prosecution to exclude evidence needed by the defense to exculpate him/her from the accusations of the prosecution. For an example of this, see the Branch Davidian trial, in which the bench denied the defense the right to present evidence of misconduct by the federal agents who conducted the siege, evidence that if presented would likely have brought acquittals of all defendants. The original standard of due process was that in criminal cases motions in limine could be granted only to the defense. (Source: Wikapedia)

The fact is District Attorney Elmer Beckworth is filing Motions in Limine in order to castrate Fox’s court-appointed attorney’s efforts to adequately defend his client. And the DA wouldn’t do that if the State’s case was clean. Beckworth has to have the judge grant his limine motions because he must keep from the jury and off the court’s record certain FACTS that Fox’s side can present. Like the fact they granted bail to an armed and dangerous thug two years ago who went on to kill a DPS trooper, while they kept Robert Fox in solitary confinement for nine months. Is this the way you want your courts run?

Cherokee County voters often have little choice in who actually gets on the ballot and eventually represents them in their communities. With the help of a few strategically placed election judges, the stage is set for another sweep by the corrupt old guard. March 2010’s primaries bring out the best and the worst, but clear choices are available in several candidacies after decades of stagnant nepotism. Unfortunately, Cherokee County’s statewide known pattern going back as far as the 1960’s is to make the wrong choice. As we all know, Cherokee County is corrupt and it will take quite a shake-up this time around to remove those with an engrained belief of entitlement and grandiose sense of importance.

Welcome to Pathological Lying 101


Again, we need to look no further than the published track record of Cherokee County’s egocentric district attorney. The mantra “I’m the DA and you’re a nobody;” "the Law says what I tell you it says" has gone on long enough, has it not?
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"I say it, therefore it is."


A repeated pattern of knowingly misrepresenting case facts and legal code prima facie to the media and even to the State Legislature is what Cherokee County’s District Attorney appears to do best. Mr. Beckworth’s most successful articulate attempt has been convincing the mother of slain Jacksonville resident Faye Bell Harris that her daughter’s senseless murder in 2003 was a result of the Texas constitution being too lenient on Felony Bond. Instead of the fact that drug informant Michael Harris murdered her daughter because District Attorney Beckworth offered no limitations to Harris’ court-ordered drug rehab along with no court-imposed restrictions. Nor enforced any Protective Orders that would have kept Harris from continuing buying drugs, threatening to kill his ex-wife and snitching on his dealers. Per Elmer Beckworth, Michael Harris was arrested repeatedly while on Felony Bond and in Cherokee County custody at the Rusk State Hospital, and repeatedly released to buy more drugs and threaten his ex-wife. The Cherokee County District Court did nothing to protect Faye Harris, even though her ex was arrested REPEATEDLY on her doorstep threatening to kill her. Even though his original Felony Bond was for trying to burn her house down.

…Michael Harris was charged with arson. His bond was reduced at a habeas corpus hearing in March, at which time the district judge required as a condition of bail that the defendant not contact or communicate with his ex-wife. After the habeas corpus hearing, Michael Harris assaulted Faye, vandalized her vehicle, and continued to contact and harass her, disregarding the judge’s conditions of bail. (Elmer Beckworth to the TDCAA Oct. 2005)

Then why didn't you and your Narcotics Officers enforce the judge's conditions, Elmer?

The 2010 US census will put Cherokee County at almost 50,000 people, but the county certainly is structured like a run of the mill, pre-1960’s Southern ghetto. Taxpayer dollars have been used since the turn of the century to line the pockets of local politicians and their families. Yet Cherokee County has been hit pretty hard during the recent economic downturn. Can we afford to continue to prosecute baseless charges in the name of personal vendettas, as Cherokee County’s District Attorney is continuing in the Robert Fox case? While at the same time letting drug addicts/informants like Michael Harris and Brandon Robertson out on bond the day after they are arrested, armed and dangerous.

Robert Fox was housed on the taxpayer dole for 270 days in the Rusk jail. Michael Harris spent his time in the cozy Rusk State Hospital after his multiple attacks on his ex-wife. Parolee Brandon Robertson spent one night in Cherokee County jail after being arrested on Hwy 84 for carrying a gun and crystal meth. Robertson's bail was granted, deposited; and he set out and murdered the next DPS trooper who stopped him, three weeks later. These are just a few published and well-documented examples. What of the other family members coming forward about slain loves by the more recent batch of Cherokee County drug informants?

Are Cherokee County voters going to let this colossal waste of taxpayer dollars continue indefinitely? While they think about it, do they want their taxpayer dollars continuing to play this TIT FOR TAT in the Robert Fox case, that Elmer Beckworth and these men seem to thrive on? While the entire county is put at risk for lawsuit after lawsuit ? In the meantime, Beckworth, et al hurries these child molesters through Adult Probation because they won't spend their budgets prosecuting them, again putting us all at risk. Wouldn't you rather have pedophiles prosecuted? The following Registered Sex Offenders were 'prosecuted' by Elmer Beckworth and placed on probation in Cherokee County, Texas:

• Frank Birden Guinn, age 82, Alto TX, indecency with a child by contact of a 12-year-old female;
• Michael Morrison, 48, Alto TX, aggravated sexual assault of a 12-year-old female;
• Gary Mark Hayles, 43, Bullard TX, indecency with a child by contact of an 8-year-old female;
• Wesley Boyd Mohr, 60, Bullard TX, indecency with a child by contact of a 10-year-old female;
• William Barry Travis, 54, Bullard TX, aggravated sexual assault of a child of an 8-year-old female;
• Matthew Isaiah White, 17 (published), Bullard TX, indecency by exposure involving a 15-year-old female;
• Christopher Steven Goleman, 33, Gallatin TX, aggravated sexual assault of a disabled 39 year-old female;
• Tommy Junior Allen, 54, Jacksonville TX, indecency with a child by contact of a 11-year-old female;
• William Tracy Arnold, 42, Jacksonville TX, burglary and felony involving a 34-year-old female;
• James Travis Baker, 22, Jacksonville TX, indecency of a child by contact of a 6-year-old female;
• James Isaac Barnett, 18, Jacksonville TX, indecency with a child of a 14-year-old-female;
• Brian D. Black, 19, Jacksonville TX, aggravated sexual assault of a 10-year-old female;
• Vernon Willis Blackshire, 29, Jacksonville TX, sexual assault of a 14-year-old female;
• Anthony Eugene Boone, 38, Jacksonville TX, aggravated sexual assault of a 6-year-old male;
• Cole Joseph Brooks, 22, Jacksonville TX, aggravated sexual assault of a 13-year-old female;
• Christopher Lee Calley, 25, Jacksonville TX, aggravated sexual assault of a 3-year-old female;
• Gark Michael Clark, Jacksonville TX, 52, sexual assault of a child of a 16-year-old girl;
• Arturo Allen Cochran, 26, Jacksonville TX, aggravated sexual assault of a 12-year-old female;
• Carlos Jerome Conner, 37, Jacksonville TX, aggravated sexual assault of a 13-year-old female;
• Steven Daille, 58, Jacksonville TX, sexual assault of a 15-year-old female;
• James William Dennis, 64, Jacksonville TX, agg. kidnapping/sex assault of a 38-year-old female;
• Jose Ramon Galan, 53, Jacksonville TX, indecency with a child by contact of a 9-year-old female;
• Jonathan Keith Glenn, 23, Jacksonville TX, aggravated sexual assault of an 8-year-old female;
• James Henry Golden, 52, Jacksonville TX, aggravated sexual assault of a 36-year-old female;
• Nathan Wayne Grimes, 61, Jacksonville TX, indecency with a 9-year-old female;
• Ollie Ray Grogan, 62, Jacksonville TX, indecency with a 5-year-old male and 7-year-old female;
• Nickolas Noel Harwell, 31, Jacksonville TX, two counts of aggravated sex assault of a 12-year-old female;
• Kevin Lyn Hawes, 42, Jacksonville TX, aggravated sexual assault of a 15-year-old;
• Christopher Michael Hennessy, Jacksonville TX, 25, sexual assault of a 15-year-old female; absconded.
• William Lee Hershiser, 48, Jacksonville TX, aggravated sexual assault of a 15-year-old female;
• Roger Hunter, 72, Jacksonville TX, indecency with a child by contact of a 14-year-old female;
• Aaron Lee Joslin, 25, Jacksonville TX, two counts of sexual performance of a 7-year-old male;
• Robert Michael Lane, 33, Jacksonville TX, indecency by contact of a 10-year-old female;
• Jackie Neal Locke, 46, Jacksonville TX, indecency with a child by contact of a 13-year-old female;
• Ben Mallard, 47, Jacksonville TX, indecency with a child by contact of a 11-year-old female;
• James Donald McClain, 56, Jacksonville TX, aggravated sexual assault of a 20-year-old female and 11-year-old female;
• Leroy Edward McCuen, 56, Jacksonville TX, aggravated sexual assault of a 9-year-old female;
• Kenneth Ray Messick, 59, Jacksonville TX, sexual assault of a 14-year-old female and 16-year-old female;
• Stacy Bernard Mills, 39, Jacksonville TX, aggravated sexual assault of a 11-year-old female;
• Tracey Dewayne Moseley, 33, Jacksonville TX, indecency by exposure to a 15-year-old female;
• Jamie Lee Newburn, 28, Jacksonville TX, two counts of attempted sexual performance of a 14-year-old female;
• Sammy Carroll Newman, 54, Jacksonville TX, indecency by contact of a 12-year-old female;
• Patrick Brian Norsworthy, 43, Jacksonville TX, indecency by contact of an 8-year-old female;
• Derrick Wendell Owens, 34, Jacksonville TX, indecency by contact of a 9-year-old female;
• Kevin Wayne Patton, 36, Jacksonville TX, indecency by contact of a 14-year-old female;
• Glenn Durrell Pierce, 49 years of age, Jacksonville TX, sexual assault of a 15-year-old male;
• Bruce Townsend Powell, 48, Jacksonville TX, attempted sexual assault of a 30-year-old male;
• Jimmy Reed, 47, Jacksonville TX, attempted sexual assault of a 25-year-old female and unknown female;
• Mandell Rhodes Jr., 43, Jacksonville TX, aggravated sexual assault of a 52-year-old female;
• Thompson Ward Stricklen, 43, Jacksonville TX, indecency by contact of a 11-year-old female;
• Paul Arlen Taylor, 51, Jacksonville TX, indecency by contact of a 13-year-old female;
• Terry Lawrence Taylor, 48, Jacksonville TX, indecency by contact of a 12-year-old female;
• James L. Wells, 52, Jacksonville TX, aggravated sexual assault of a 5-year-old female and 6-year-old female;
• Johnny Decole Wells, 25, Jacksonville TX, sexual assault of a 15-year-old female;
• Larry Wayne White, 45, Jacksonville TX, aggravated sexual assault of an 8-year-old female;
• Timothy Kevin Zweck, 32, Jacksonville TX, sexual assault of a 15-year-old female;
• Robby Lee Buffalo, 32, Rusk TX, prohibited sexual assault (incest) of a 11-year-old female;
• Richard Dean Davis, 47, Rusk TX, indecency with a child by contact of a 14-year-old female;
• Nile James Dean, 39, Rusk TX, indecency with a child by contact of a 8-year-old female;
• James William Hammons, 45, Rusk TX, aggravated sexual assault of a 13-year-old female;
• Jason Aaron Husband, 29, Rusk TX, sexual assault of a child of a 15-year-old female;
• Elbert James Patton, deceased, Rusk TX, indecency with a child by contact with an 8-year-old female and 9-year-old female;
• Delian Brenanard Session, 43, Rusk TX, sexual assault of a 34-year-old female and 11-year-old-female;
• Troy Gibbs Sutherland, 31 years of age, Rusk TX, attempted sexual assault of a 15-year-old female;
• Aubrey Thomas Taylor, 48 years of age, Rusk TX, indecency with a child by contact of a 10-year-old female;
• Dale Joseph Tylich, 51, Rusk TX, indecency with a child by contact of a female less than 16 years of age;
• Charles Clifton Bruner, 45, Troup TX, indecency with a child by contact of a 6-year-old female;
• Michael Servetus Childs, 31 years of age, Troup TX, sexual assault of a 14-year-old female;
• Tommy Robert Husband, 46 years of age, Troup TX, indecency with a child by contact of a 16-year-old female;
• Michael Sean Lee, 33 years of age, Troup TX, indecency with a child of a 13-year-old female;
• Timmey Martin, 41 years of age, Troup TX, aggravated sexual assault of a 14-year-old female;
• Michael Ryan McMichael, 34 years of age, Troup TX, indecency with a child of a 12-year-old female;
• Martin Otis Pitts, 51 years of age, Troup TX, two counts of aggravated sexual assault of a 7-year-old female;
• Bryan Thomas Toombs, 31 years of age, Troup TX, aggravated sexual assault of a 13-year-old female.
• Alisha Arriola Corley, 36 years of age, Wells TX, sexual assault of a 15-year-old male.

(Source: Jacksonville Daily Progress 2006)

Where are your candidates' priorities in the March primaries? Probation for child molesters and letting parole violators out to murder? Or endless prosecution and pre-trial incarceration of harmless individuals such as Robert Fox who rattle their cages by simply questioning their wrongdoings?