Sunday, October 2, 2011

Lies under oath make for yellow journalism

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 19 "Commissioners 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: _________