Sunday, June 21, 2009

Justice of the Peace and readers speak out

Jacksonville, TX:

Several articles in the Jacksonville Daily Progress and Tyler Paper have cited an open letter from Justice of the Peace James Morris to State Attorney General Gregg Abbott requesting an investigation into the Cherokee County Commissioner's Court. Precinct 3 Justice of the Peace Morris alleges fraud, tax evasion, accepting bribes, violation of the Open Meetings Law and retaliation. Morris' main complaint, which he later retracted, was that Cherokee County officials were accepting monthly contributions from a local proprietary tax software and law firm (Source: Tyler Paper June 27, 2009)

Our readers' comments:
Re 6/2/2009 James Morris letter in Jacksonville Daily Progress and 6/12/2009 Progress article responses from Pct. 2 County Commissioner Kevin Pierce and Pct. 4 Commissioner Byron Underwood. I think Jacksonville’s New Hope Baptist Church Pastor / Pct. 3 JP James Morris’ and the county commissioners’ toing and froing is a just another diversion. One has decided to play the 'victim;' the other the so-called ‘bad guys.’ Cherokee County in its entirety is corrupt. It is not the Attorney General’s charge to investigate local corruption; it is the Cherokee County District Attorney’s office. It is almost laughable if it wasn’t so true.


Agreed, as stated in last month's blog
The corrupt judicial hubris operating for decades in Cherokee County, Texas is itself anti-constitutional, illegal and un-American. It operates in a cohesive little unit of the same group of elected officials, who often as a diversionary tactic pretend to denunciate each other. Don’t be fooled.

The failed Brian Walker (R) campaign alleged that election Box 36 located in New Hope Baptist Church provided illegal swing votes that pushed incumbent Chuck Hopson (D) over the top to keep the Texas House District 11 seat for Cherokee County. Candidate Walker would have to legally challenge the election results in corrupt Cherokee County court, lose the contest in a tainted jury selection (containing the same old ladies who provided the illegal swing votes) and pay the enormous lawyer fees the Hopson defense team would have incurred. Brian Walker was obviously advised by his own attorneys he faced bankruptcy if he continued to press for an election outcome investigation.

Another reader elaborates:
The Pct. 3 election judge at Jacksonville’s New Hope Baptist Church voting location was more than two hours late turning in her ballots in Rusk when the drive from that location should have taken 15 minutes. The obviously inappropriate actions stink to high heaven of election fixing right there inside Morris’ own church. A 3/18/2009 article in the Cherokeean Herald quotes newly [re]elected State Representative Chuck Hopson of Jacksonville that “he is unaware of any illegal activities in elections in his district” and that, after talking with the registrars in his 4-county district, “they are not aware of any voter fraud in any elections. ”

Hopson says “However, if there is a perception, we need to know about it.” Well what about outright in-your-face doesn’t get any more blatant than your hometown’s Pct. 3 election judge violating election rules and showing up over two hours late to the County Seat in Rusk, TX on election night? In a squeaker election between Hopson and Brian Walker. Do any of us with two simultaneously functioning brain cells expect any voter registrar in the notorious east Texas pineywoods to just say you betcha Rep. Hopson, I can write an encyclopedia about the voter fraud I’ve witnessed in this region. Good grief, maybe you’re gulled but I’m not.

And lastly:
How many Cherokee County property owners know who selects their grand jurors? Behind the much misused veil of secrecy about the grand jury process hides the anti-American fact that here in Cherokee County there is no compunction whatsoever about violating Government Code, Title 5 Open Government; Ethics. Subtitle B. Ethics, Chapter 573. Degrees of Relationships; Nepotism Prohibitions when it comes to choosing their own relatives and close friends to be seated.

A bit off topic, but the Editor agrees that nepotism and corruption go hand in hand. Voter fraud is common in East Texas and the Attorney General's office more often than not ignores the complaints. Smith County officials and the AG's office were recently notified of illegal voting activities during the City of Winona's Wet/Dry Elections according to the Tyler Paper. Ineligible voters outside the city limits were allowed to cast their votes, according to complaints (Source: Tyler Paper June 20, 2009).

Similarly, Liberty County Judge Phil Fitzgerald was under investigation by the Attorney General for allegedly dropping DUI charges on his relatives (Source: Houston Chronicle April 19, 2009). Favoritism and sweetheart deals for relatives of East Texas officials have been going on for decades. There is simply not enough bandwidth on the Internet to document the Good 'Ol Boy/Biddie network allowing the guilty to remain unaccountable. Their favorite technique with the help of small town prosecutors and newspapers is to blame innocents for the illegal activity they and their family members commit.

Justice of the Peace Precinct 3 James Morris' open letter to the Attorney General:

Saturday, May 23, 2009

The Ethics of Hubris

Hubris can be defined as blatant arrogance; the misuse of one’s position to commit violence against the knowledgeable and well-informed.

In Cherokee County, that translates into elected officials shaming others for the sole purpose of increasing their own standing within the community. That is why businesses and school teachers are leaving by the droves. Those who have made a living framing innocent people and those who propagate the district attorney’s disregard of the Texas Penal Code are the most dangerous individuals in greater East Texas. Cherokee County district attorney Elmer Beckworth has lied to State legislators, has lied to the Texas Court of Criminal Appeals and lies just as often in quotes from the Jacksonville Daily Progress.

The highest legal authority in Cherokee County has told the Texas District and County Attorney's Association that the felony bond of one Michael Harris of Jacksonville, TX could not be revoked for repeated violations of protective orders. Beckworth's office has filed briefs with the highest criminal court in Austin stating that he and his investigator did not seek to have an incarcerated felon's parole dismissed in exchange for the parolee's testimony against death row inmates Richard Cobb and Buenka Adams. And when questioned on how an infant molester can be offered probation, the District Attorney's asinine answer is "because the victim wouldn't testify."

Jacksonville, TX:
Not reported by the Jacksonville Daily Progress - Local mother and son arrested during the investigation of sex assaults on two infants, 1 and 2-years old. Dickie P.Bellanger, 21 and his mother Candi Bellanger, 36 were arrested in Jacksonville, TX on Friday May 22, 2009 after forensics obtained at the East Texas Medical Center showed evidence of ongoing sexual abuse of the two infants in their care. The one-year old showed signs of bruising and rape. After both infants were retrieved from the household by CPS, medical examinations showed evidence of sexual trauma on the two-year old sibling. Dickie Bellanger was charged with two counts each of aggravated sexual assault and injury to a child; his bond was set at $2 million. His mother Candi Bellanger was charged with child endangerment for not reporting the alleged crimes. They both are in custody waiting for their court-appointed attorneys to flip a coin.


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Mother and son Canid and Dickie Bellanger

The report of the arrest appears out of region in the Tyler TX newspaper. Actually reported by the Jacksonville Daily Progress in 2008: Dickie P. Bellanger was arrested in March 2008 on burglary of a building charges; his felony bond was set at $3500. After throwing himself at the mercy of Cherokee County prosecutors, his burglary charges were dropped.

Now one year later, it takes a newspaper 50 miles away to report the ongoing sexual abuse arrests of more Cherokee County residents. Will district attorney Elmer Beckworth wait until the injured children are old enough to speak before convening a grand jury? Will Cherokee County prosecutors instead have the Jacksonville Daily Progress print yet another conjured account on how the victims’ unwillingness to testify would therefore justify probation at sentencing? Or as current district attorney Elmer Beckworth puts it “because the victim isn’t able to participate in the trial.” (Source Jacksonville Daily Progress)

This is why the Jacksonville Daily Progress refuses to report on the alleged sex assault of two hometown Jacksonville, TX infants. Because the Tyler Paper mentioned the CPS report and medical forensics of the injured children. And local Cherokee County newspapers are programmed to print every lie fed to them by the supporters of the current political structure. Let’s face it folks, their livelihoods depend solely on covering their assets, so actual free and independent press they are not. Last month registered sex offender Kenneth Dexter Folmar, given eight years probation for the aggravated sex assault of a one-year baby girl, was rounded up three years into his deferred adjudication. Folmar was caught with beer cans and sentenced to 50 years in TDCJ by the same District Judge who gave him 8 years probation for raping a one-year old.

The District Attorney’s office continued the lie when word of the Kenneth Folmar probation violation (initially reported as a repeat sex offense) made it to print.

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Kenneth Folmar

Cherokee County’s district attorney Elmer Beckworth told the Jacksonville Daily Progress that he did in fact speak to the victim before the trial. He spoke to a toddler who couldn’t get her story straight. Therefore the district attorney’s office had no choice but to offer 8 years probation for the sex assault of a 12-month old.
"I remember this case well. In talking with her myself, she was not able to talk about it at all, and when the case came to grand jury she was able to talk about it only minimally,” Beckworth said. (Source: Jacksonville Daily Progress April 26, 2009)

No mention of any medical exams conducted at the ETMC or any CPS investigation leading to the arrest of Kenneth Folmar. Just blatant lies by another Cherokee County elected official claiming to have interviewed a toddler, while ignoring forensics.

They obviously believe they have so much authority because of their hubris, that they can say and do whatever they want. The Rusk Cherokeean Herald and Jacksonville Daily Progress each divvy up the lies and print the story best suited for their supporters. Take for example the May 3, 2009 conflicting reports of the ongoing Robert Fox prosecution. On one hand the Daily Progress reports the City of Jacksonville mayor, chief of police and detectives are somehow at odds with the Cherokee County District Attorney (Source: Jacksonville Daily Progress Local fringe group has city and prosecutor squaring off”)

The article states that the mayor of Jacksonville Robert Haberle and Police Chief Reece Daniel petitioned the Attorney General to seat a special prosecutor to take criminal legal action against the House of Israel. They cited a lack of confidence with district attorney Elmer Beckworth’s handling of the Robert Fox case, alluding to Fox’s alleged intimidation tactics of filing multiple federal complaints against the county.

A sharp contrast to the same update on the upcoming Robert Fox plea bargain in the Cherokeean Herald. The Herald reports the mayor of Jacksonville simply “requested that the cases [against Robert Fox] be prosecuted more aggressively.” (Source: March 6, 2009 Cherokean Herald Anti-government group leader is indicted... ”) No mention of the Attorney General.

Before the headline is completed, the lie begins “similar cases have been fielded by district attorneys in Collin, Williamson counties.” Again, this is all smoke and mirrors coming from a corrupt legal system creating fictitious charges in order to justify its own ongoing unethical activity. The charges and indictments of “tampering with a government record and simulating a legal process” against Robert Fox is another penal statute created out of thin air to prevent federal lawsuits from being filed against out of control police departments.

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Robert Fox

Despite Robert Fox’s failings as leader of the House of Israel prison ministry and as Jacksonville’s chief of police put it, his “voluminous frivolous legal findings and lawsuits in an attempt to intimidate the police, prosecutors and judges” (Source: Jacksonville Daily Progress ), Robert Fox did hit a raw nerve when he challenged the Jacksonville Police Department’s illegal raid on the House of Israel. In a well-articulated (and hard to find) petition for a Franks Hearing submitted by Fox, he clearly points out Cherokee County’s habit of generating a SEARCH WARRANT, prior to establishing genuine probable cause. Fox contends there was no reasonable reason for entry because there wasn't an existing ARREST WARRANT on file.

The Jacksonville PD was given carte blanche to conduct an open-ended search to find whatever so-called incriminating items they may need within the House of Israel. Without stating verbatim per a bona fide legal SEARCH WARRANT the singularly specific items they were after. The search warrant itself would not stand up in an incorrupt courtroom.

The doors of the House of Israel were knocked down prior to any COMPLAINT being filed with the Cherokee County Clerk. The fact is that in Cherokee County and other small agencies, the district attorney himself composes the SEARCH WARRANT with investigating officers. And Cherokee County's district attorney makes sure the Municipal Judges signing the Warrant allow for an open-ended search and therefore illegal seizure. Investigators tout confiscating Robert Fox's legal writings during the multiple raids, claiming the Fox tirades to be pro-Taliban, though nonetheless NOT illegal and NOT part of the scope of the SEARCH WARRANT.

Cherokee County prosecutors realize the legal mess of having the Attorney General’s office scrutinizing an open-ended search, so they must attempt to criminalize Robert Fox’s cantankerous federal motions. Therefore, they and the local newspapers continue to attempt to brand Robert Fox as a dangerous terrorist sympathizer, in order to contaminate the jury pool.

Robert Fox was no-billed on the initial charge of barratry, written in the original arrest by district attorney Elmer Beckworth. Now Beckworth is taking the high road for not prosecuting all the charges against Robert Fox, levied by Beckworth himself? We're supposed to feel good that the Jacksonville, TX police department stormed the House of Israel without probable cause? To arrest House of Israel members who had earlier been in Cherokee County custody?

Robert Fox's lawsuits and thus his “records tampering” would have never come to fruition without the increasing unconstitutional harassment of Cherokee County law enforcement. They went after him to make themselves look better. In the Daily Progress, district attorney Elmer Beckworth lays the onus of the bogus charges on the over-zealous Jacksonville police department. The current focus on Robert Fox are his "dangerous" and highly argumentative (though often credible) legal briefs. Fox's Civil Rights requests must be quelled by the District Attorney and labeled as "tampering with government records" in order for Project Got to Fool 'Em to succeed.

The corrupt judicial hubris operating for decades in Cherokee County, Texas is itself anti-constitutional, illegal and un-American. It operates in a cohesive little unit of the same group of elected officials, who often as a diversionary tactic pretend to denunciate each other. Don’t be fooled.

If the District Court bailiff has been arrested in McAllen, TX for selling drugs to an undercover federal agent, then both the district judge and district attorney are notified by the Department of Justice. Wouldn’t want the Feds looking at the timecards of rapist cop Larry Pugh or mileage reports of Cherokee County Constable Randy Thompson busted for selling methamphetamines…

You know because Cherokee County has what they call a “lightning rod” for terrorism sitting in the Rusk, Texas jail, unable to post bail or hire an untethered attorney from another county. Which is ironic considering the 369th District Court can concoct government records to indicate Constable Randy Thompson as Missing In Action, one day before his federal drug trafficking indictment. Yet the same District Court can put Robert Fox on trial for “tampering with government records” to censor his legal diatribe. And to make sure to get at least one misinformed Texas trial jury to finally criminalize the filing of complaints and legal briefs by American citizens. Without the help of drunken and sycophantic lawyers in the District Attorney's pocket.

In similar corruption news in neighboring counties where the law is applied appropriately---

Tyler, TX:
TCDJ prison guard Rudolph Regalado was arrested for allegedly hiring a hit man to murder the husband of his girlfriend. Cathryn Lake, the wife of the intended victim was also charged with solicitation for murder. “She was in the process of raising the husband’s life insurance, and we believe that was the main motive behind the plot,” according to investigators. (Source: Tyler Paper May 22, 2009)

In Cherokee County, the murder for remuneration would have resulted in an innocent outside the conspiracy being charged and the district attorney’s office dividing the insurance payouts with state witnesses, the widow and her lover. Similarly, former Cherokee County district attorney Charles Holcomb used the life insurance monies to pay State witnesses in State vs. Terry Watkins. (Source: Cherokeean Herald June 3, 1993)

Palestine, TX:
State licensed firearm instructor Ronnie Cook was charged with the murder of his wife after a May 13, 2009 standoff with police that lasted three hours. Palestine police had responded to a 911 call that indicated Cook may have shot his 62-year old wife.

Upshur County, TX:
Upshur County school teacher and coach John Cotcha Tiger, 40, of Longview, was sentenced by 115th District Court Judge Lauren Parish on charges of improper relationship between educator and student, and on-line solicitation of a minor, according to news releases. The victim was a 15-year old girl; Tiger was sentenced to two concurrent fifteen year prison terms. Sex assault of a minor charges were dropped, as part of the plea bargain.

Alto, TX:
Alto ISD PE coach Paul Dixon was indicted earlier this month for having an improper teacher/student relationship. His father, John Paul Dixon was also placed on administrative leave for allegedly interfering with witnesses and the investigation.

Paul Dixon was later accepted a plea bargain of 10 years probation for the statutory rape of a 16 year old Alto ISD student he was having sex with in Elementary School gym.  (Source: Tyler Paper)

Paul Dixon, Alto ISD coach for 24 years.


Bullard, TX:
City Secretary Patty McMillian Cooper , 63 of Troup, TX was fined and placed on probation for theft of city funds on March 27, 2007. She stole over $84,000 over a four year period. On Sunday, April 12, 2009 she was rearrested for theft of funds from another previous employer, Tyler, TX based Williams Law Firm. She is out of Smith County Jail on a $100,000 bond. Theft of city funds is pretty common in the Piney Woods.

Shelby County, TX:
Shelby County Sheriff Deputy Lana Sue "Susie" Calhoun , 49 of Timpson, was arrested for DWI by the DPS after a wreck in Garrison, TX. Sources indicate she had previously worked as a Nacogdoches County jailer and campus police for Stephen F. Austin State University. (Source: Longview News-Journal May 8, 2009)

Gregg County:
Two female Gregg County jailers have been arrested for assisting in the jail break of two inmates last week. Gracie Carrillo, 20 and Yvonne Oliver, 25 both from Longview, were charged with facilitating the escape of convicted murderer Desmond Jackson and murder suspect Bruce Kelly last Tuesday from the Gregg County jail. Carrillo and Oliver each face second and third degree felony charges.

Saturday, April 11, 2009

Probated child molester arrested again for "sex assault of child." DPS reports age of victim.

April is Child Abuse Prevention and Awareness month in Texas, and has been proclaimed as such by the county judge in Cherokee County. Are citizens aware that another sex offense arrest has recently occurred by a registered sex offender on probation? County officials are most certainly ‘aware’ of it.

Posted in February 2008: District Attorney gives probation to Rusk, Texas infant molester; Cherokee County newspapers never reported it.

Criminal Docket; Case 16209 ; AGG SEXUAL ASSAULT CHILD
THE STATE OF TEXAS vs FOLMAR, KENNETH DEXTER (DOB: 02/08/1963)
Filed 08/23/2005 - Disposition: 11/16/2006: 8 years deferred adjudication in the 2nd District Court, Cherokee County, Texas

Victim's age: 1

(Source: Texas Offender Registry and Family Watchdog)

Now a registered sex offender on probation and living within the community has been arrested again for what has been reported as the sex assault of a child. And again the local newspapers have buried the story in a slew of Cherokee County arrests for the time period of March 24 through March 30, 2009. (Source: Jacksonville Daily Progress April 5, 2009)

Rusk, TX: Registered sex offender Kenneth D. Folmar, who had been on probation given to him by the Cherokee County District Attorney, has been arrested for another child sex assault charge. Or has he? Kenneth "Kenny" Folmar, now 46, was serving eight years deferred adjudication for the Aggravated Sexual Assault of a one-year baby girl. He had been arrested in 2005 from the earlier incident and had prior drug possession convictions. His bond has not been set (Source: Jacksonville Daily Progress).
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Kenneth Dexter Folmar

Apparently the decision has been made decades ago that it is in the interest of the county to roll out the Welcome mat to sex offenders, in order to pilfer their probation dues. Remember, it is never in the interest of the children in Cherokee County, despite the propaganda pieces designed to shift attention and blame elsewhere. The Tyler Paper reports that Cherokee County officials and the local CPS declare April as “Child Abuse Awareness Month.” No mention of the paltry budget Cherokee County’s Child Protective Services must compete with in the Commissioner’s Court, against stocked catfish ponds, paving private driveways and contributions to everybody's hush funds.

The lie is that Cherokee County officials actually want to decrease the incidents of child abuse and child rape within the community, when in reality it is a source of income for the county coffers. Why would the district court place an individual such as the one above on monthly probation without treatment -even for the sex assault of an infant complete with pictures probably, when they are totally cognizant of the recidivism rate? Is it because they are arrogant and simply don’t care? Or is it that they would rather play small town politicians by conducting Blue Ribbon ceremonies to convince voters that Cherokee County officials are not making a living off the [repeated] sex offenses within the community?

The other lie is that "prosecutors' caseloads are too large." If that were true, why are they signing up sex offenders and opening up halfway houses all across the county?

Kenneth Folmar's recent arrest and age of the alleged victim has of course been buried by local media outlets, as they always do when the actions of allies of elected officials are too unsavory to print. Because sex offender Kenneth Folmar was not originally incarcerated (but instead granted probation and thus making him a monthly payment depositor into Cherokee County’s Corrections and Supervision account) he was free to in essence repeat his offense. There's no telling what this guy has been doing.

Quite frankly, if convicted sex offenders are sent off to prison, they won't be making monthly payments to the county. Is this why the Cherokee County district attorney recommends probation rather than incarceration in order to keep sex offenders’ monthly supervision fees at the county’s disposal? Would those who join in for the propaganda on the Rusk courthouse steps manage to shrug off complacency about the district attorney’s motives if the child preyed upon was their own?

If Cherokee County prosecutors possessed even an iota of genuine morality, the most egregious sex offenders wouldn’t be able to enrich the county coffers with Probationers' payments because they would be in prison. Instead, prosecutors' actions clearly show they are willing to risk pedophiles’ repeat offending in order to ensure continued deposits of local sex offenders’ money into county-owned and operated bank accounts.

If Cherokee County news agencies and their supporters possessed even a smidgen of integrity, they would be demanding resignation letters instead of celebrating and "blowing bubbles" on the Rusk courthouse lawn (Source: Tyler Paper).

A quick search of Texas jail records shows the other Cherokee County sex offenders on probation who have recently violated their community supervision orders. Sex offenders in the area on probation who have been arrested and/or absconded as of April 10, 2009:

  • “Gary” Michael Morrison, b. 10/24/1957 Alto TX, aggravated sexual assault of a 12-year-old female; currently in the Cherokee County TX jail.

  • Matthew Isiah White, b. 10/01/1988 Bullard TX, indecency by exposure involving a 15-year-old female; failure to register in Smith County TX.

  • Christopher Steven Golman, b. 10/03/1972 Gallatin TX, aggravated sexual assault of a disabled 39 year-old female. Arrested in 2000 by Smith County authorities for public intoxication; transferred to TDCJ Michael Unit.

  • John Keith Glenn, b. 7/16/1982 Jacksonville TX, aggravated sexual assault of an 8-year-old female; failure to register.

  • Kevin Lynn Hawes, b. 10/29/1963 Jacksonville TX, aggravated sexual assault of a 15-year-old; probation violation sentenced to TDCJ.

  • Christopher Michael Hennessy, b. 9/16/1980 Jacksonville TX, sexual assault of a 15-year-old female; absconded and sentenced to TDCJ.

  • Paul Arlen Taylor b. 9/30/1955 Jacksonville TX, indecency by contact of a 13-year-old female; incarcerated in TDCJ.

  • James William Hammons, Sr. b. 9/21/1960 Rusk TX, 8 years probation in 1998 for aggravated sexual assault of a 13-year-old female in Cherokee County; in 2008 drug possession in Cherokee County -sentenced 2 years State Jail time by district attorney. Currently incarcerated in Orange County jail.

  • Jason Bradley Fears, b. 11/17/1988 Bullard TX, 3 ½ years State Jail for sex assault of 7-year old male in Cherokee County; recent failure to register- verified by Smith County, TX.


(Source: online Texas DPS Sex Offender Registry)

This is how Cherokee County operates: County officials generating misinformation while the local newspapers ever so cleverly hide the factual sex offense statistics from the public. They would rather dance around the courthouse blowing each other kisses, days after another child has been molested under their collective noses and on their watch. Days after an innocent child is sewn up in the hospital, they'll blame the “harder economic times” for the "alarming rate of child abuse " instead of the current Cherokee County District Attorney deliberately setting the stage for repeat sex offenses. (Source: Jacksonville Daily Progress)

As a footnote, the Jacksonville Daily Progress published an unprepared and unrehearsed rebuttal for the initial light sentencing of Kenneth D. Folmar, citing a “probation violation” for the more recent incarceration. They also report Kenneth Folmar was sentenced to 50 years confinement for “violating” the terms of his probation. The original presiding judge who accepted the initial deferred adjudication also presided over the revocation.

The Daily Progress has not issued a correction notice for the Cherokee County arrests for the week of March 24 through March 30, which initially reported Kenneth Folmar’s arrest as “aggravated sexual assault of a child.” As opposed to yet another sex offender not mentioned in either article, but again buried within the Jacksonville Daily Progress’ list of Cherokee County arrests for the time period April 14 through April 20, 2009: Cheney La-Vaughn Carter, dob. 2/1/1966, sex assault of 15 yr. old girl; given 10 yrs. probation. Carter is currently sitting in Cherokee County, TX without bond for violation of his (sex offense) probation.

No spur-of-the-moment articles have been printed explaining the Cheney Carter probation revocation. The Kenneth Folmar story on the other hand, had been up to this point completely ignored and buried. Of course, like clockwork, the big lie the local media, the Cherokee County District Attorney and district court would have their loyal readers believe is that the victim is to blame for not being willing to go to trial. Even in the case of an infant.

According to district attorney Elmer Beckworth
I remember this case well. In talking with her myself, she was not able to talk about it at all, and when the case came to grand jury she was able to talk about it only minimally,” Beckworth said. “With her inability to talk about it, I knew we were on real shaky ground. We went ahead and took the plea because there was the huge likelihood of him being found not guilty or even possibly of a directed verdict. (Source: Jacksonville Daily Progress)

The DPS sex offender registry actually lists the female victim as being a one-year old infant. Who are you gonna believe? Sex offenses by their very nature are prosecuted everyday without the trial testimony of the victim, or in the case the district attorney is referring to – a toddler who was molested while she was an infant. So they postponed Folmar's indictment and dragged the case out until she learned how to baby talk? The offense occurred in 2002; Folmar was formally charged 3 years later.

Attention Daily Progress: You need to verify your timelines. You are being lied to again.

View the Kenneth Dexter Folmar sex offender registry and victim’s age at: https://records.txdps.state.tx.us/DPS_WEB/Portal/index.aspx for a comparison of Fact Versus Fiction. The Sex Offender Regristry reports everything down to the shoe size of the offender.

Instead of being honest and admitting the Kenneth Folmar molestation wasn’t of any political interest to the district attorney’s office in 2005, Elmer Beckworth discloses the State’s prosecutorial strategy:
The only reason people ever get probation for the aggravated sexual assault of a child is because the victim isn’t able to participate in the trial. It can be very aggravating as a prosecutor to be in a situation like this where the whole case falls apart because the victim’s ability to testify has been compromised. (Source: Jacksonville Daily Progress)

Sounds like excuse-making by the same people who offered these indigent offenders their original lenient plea bargains. These probationers were rushed through the Cherokee County court system for admitting their guilt and willingness to contribute to the county payroll via Adult Supervision fees. You, the lowly taxpayers are supposed to believe that Kenneth Folmar’s nondisclosed court appointed counsel worked out his initial probation agreement with the district judge without Elmer Beckworth's recommendations.

It is the prosecutor who offers "adjudicated probation," not the defendant's lawyer. Plus the defendant must agree to a guilty or no-contest plea. The conviction remains on the defendant's record and in the case of a sexual assault, the defendant agrees to be registered as a sex offender for life. In the case of Kenneth Folmar, he pleaded guilty and agreed to everything Elmer Beckworth offered him.

This type of justification for probated child molesters is more like a ‘How-to-Guide.’ Local sex offenders will be even more emboldened now if they heed the District Attorney’s advice: if their victims are young enough and afraid enough not to testify, then the district judge will agree to a probated sentence.

The district attorney is saying the statements from arresting officers, examining doctors, and CPS specialist investigating the sex offense of an infant in Cherokee County simply won’t pass the litmus test for going to trial. Or the statements from those who caught the perpetrator in the act. Or any forsenic evidence for that matter. As if hearsay, innuendos and complete fabrication of evidence has never been enough to summon a petit jury in Cherokee County, Texas.

The fact is the district attorney’s focus has been on parading fictitious bail requirements in Austin (according to the 'Faye Harris amendment') during the same time period the majority of the sex offenders were shunted through their plea bargains. And just like Michael Harris (the man on felony bond who murdered his wife because her protective orders were not enforced) these offenders have struck again repeatedly. It was in 2005 that Jacksonville police officer Larry Pugh was on patrol and raping women at gunpoint.

Again, which are you gonna believe? That a 3-year old victim was actually called to a Cherokee County grand jury to testify what happened to her before her first birthday? Or the District Attorney's advice to sex offenders on how to avoid prison?
The only reason people ever get probation for the aggravated sexual assault of a child is because the victim isn’t able to participate in the trial. (Quote from the Jacksonville Daily Progress.)

Project Got to Fool 'Em Again is in full deployment this Month.

Wednesday, March 18, 2009

37 year old Alto ISD coach gets 10 years probation for sex with 16 year old student. Houston County bailiff and sheriff investigator indicted. DPS Sgt. booked for indecency.

Alto, TX: 

Veteran Alto ISD coach Paul Dixon is currently under investigation by authorities for having an alleged improper teacher/student relationship with an underage girl. Coach Dixon, age 37, turned in his resignation last week in response to allegations of text messaging a female student. Another "unnamed" Alto ISD faculty member (Dixon's father and fellow coach) has also resigned for allegedly obstructing the investigation. Dixon was employed with the Alto TX School District for over 24 years.


What happens in Cherokee County, stays in Cherokee County.

The 16-year student told police she had sex with the 37 year old baseball coach twice on the Alto ISD school grounds, including in the Elementary School gym. (Source: Student told Alto police she had sex with coach twice on school grounds, KTRE) Dixon's father, also a coach at Alto ISD was terminated for trying to cover up the affair by pressuring the victim to lie to authorities. Elmer Beckworth's grand jury decided not to indict Dixon Sr for Tampering with a Witness.

Teacher/student improprieties can be prosecuted as 2nd degree felonies under current Texas law. Paul Dixon was 37 at the age of the incident, NOT 24 years old as reported by Cherokee County newspapers. Coach Paul Dixon did work for Alto ISD for over 24 years. Dixon was eventually indicted in 2009 for having sex with an underage girl twice. (Source: Grand jury indicts former Alto coach, KTRE) He was not charged with statutory rape according to law, even though the victim was under 17 at the time.

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Alto ISD coach Paul Dixon, 37 years old, sentenced to probation for improper sexual relations with a 16-year old Alto ISD student.

dixon

Paul Dixon circa 2011 went from age 24 to age 40 in a matter of a couple years according to Cherokee County newspapers. In 2011, Paul Dixon was given 10 years probation for sexual relations with the high schooler and sent on his merry way. (Source: Jacksonville Progress) He did not have to register for life as a sex offender as part of his plea bargain with the Cherokee County district attorney's office.

Criminal Docket; Case 17471

IMPROPER RELATIONSHIP BETWEEN EDUCATOR/STUDENT
THE STATE OF TEXAS vs  PAUL HEATH DIXON

DOB 04/07/1971

Filed 04/27/2009 - Disposition: 01/13/2011

Conviction-guilty plea or nolo contest-No Jury
2nd District Court, Cherokee County, Texas

Student told Alto police she had sex with coach twice on school grounds, 8/19/2009

ALTO, TX (KTRE) - A female student at Alto High School told police she had sexual intercourse with a coach on two separate occasions on school grounds.

The student, whose name is being withheld to protect her identity, gave police a written statement on March 4 stating she did kiss Paul Dixon up to ten times, but did not engage in intercourse with him. However, she gave another statement on March 13 admitting to engaging in intercourse with him on Feb. 17 at the elementary school gym and again on Feb. 23 on school grounds.

The student stated in the first affidavit that others in her school found out about the relationship and told another employee at the school, who told the superintendent about the relationship.

In the second affidavit, the student alleged Dixon's father, John Paul Dixon, who also served Alto ISD as a coach, put pressure on her to lie to police about the relationship.

Alto ISD accepted a resignation from Paul Dixon and put John Paul Dixon on paid leave until the investigation was complete. A Cherokee County Grand Jury chose not to indict John Paul Dixon on tampering with a witness charges.

Alto Superintendent Ray DeSpain said John Paul Dixon has been taken off leave following the grand jury's action, but declined to comment further on his status, including any kind of disciplinary action taken.

KTRE acquired the student's sworn affidavits through an open records request filed on May 12, which the Cherokee County's District Attorney's Office appealed to the Texas State Attorney General's Office.

"I'm truly sorry about my actions and the whole ordeal," the student stated in the affidavit. "I would never want this to happen to any other female and/or male student. It's not worth the time whatsoever. If I could go back and change anything, I would because all the stress from this is truly not worth it."

Crockett, TX:  

Tyler’s federal court has indicted two Houston County sheriff deputies for an alleged civil rights violation occurring in the Davy Crockett National Forest. District court bailiff Charles James Clark and narcotics investigator Henry Doyce Gresham, Jr. are both charged with conspiracy and assault of a Crockett, TX man the pair allegedly TASERED and left for dead out in the National Forest in July 2008. The two Houston County deputies, Clark age 63 and Gresham age 50, are on administrative leave pending their federal trial. No need for a pseudo-concerned citizen and buddy-buddy district judge to call an urgent removal hearing for this bailiff and narcotics officer, a la’ Randall Thompson.  

Rusk, TX: 

Cherokee County DPS Sergeant Thomas Bledsoe was suspended with pay Friday March 20, 2009 from an indecent exposure arrest earlier the previous month. Sgt. Bledsoe allegedly pulled his pants down and flashed a female DPS employee on February 3rd. He was moved from the Cherokee County office in Jacksonville to the Palestine, TX DPS office after the initial complaint. The Department of Public Safety is investigating the incident.  

Nationwide:   

March 15 through March 21 is National Sunshine Week. Sponsored by the American Society of Newspaper Editors, National Sunshine Week recognizes the importance of an open government and the public access of information.

Sunday, February 15, 2009

Child porn, sex assault, aiding and abetting arrests of Cherokee County school faculty. Medical Board reprimands equal bad medicine.

This month: Lon Morris coach Barry Griffin pleads guilty in federal court of child porn possession and distribution in Cherokee County. Troup ISD coach fired for texting students; second Troup teacher arrested for hiding fugitive in classroom. Rusk ISD nurse arrested for sexual assault and having an unlawful relationship with a student.

Any of this sound familiar? All this disgusting behavior in local schools during the last week of January 2009. This is why parents should think twice about relocating into this area and having their children attend Cherokee County schools, either private or public.

Lon Morris College golf coach Barry Dean Griffin faces ten years in federal prison and an unsympathetic US Attorney’s office in Tyler, TX. According to the Tyler Paper

Assistant U.S. Attorney Mary Ann Cozby said the defendant's sentencing guideline range could be enhanced because the child pornography involved children younger than 12, involved sadistic and masochistic material and involved more than 600 images.

Griffin is incarcerated pending his sentencing date. He was arrested last year after his Jacksonville, TX home was raided by a task force composed of the Longview TX police department and the Department of Justice. The Cherokee County District Attorney's office and Lon Morris Board of Trustees were unavailable for comment.

Rebecca D. Blankinship a.k.a. the district nurse at Rusk ISD was charged with two felony counts of sexual misconduct with a student. “Becky” Turlington Blankinship, a recent Rusk High graduate, bailed out of Cherokee County jail on January 27, 2009 after posting two $25,000 felony bonds. In the vested interest of the little community, the Cherokee County District Attorney’s office did not release names or sordid details. Or to avoid embarrassing the Third Grade class taught by the offender’s mom? The district attorney always can be counted on to protect the local bridal shower committee, consisting of all the above and investigators’ wives. Especially in cases of incest or homo-erotism. Guess the field trip to the courthouse will be canceled this year.

In Troup, TX, the school district suffered a double blow last month with the resignation of a coach after text messages to a student were discovered. A teacher’s aide was arrested for hiding her wanted sister in a classroom. Again, names have been withheld to protect the guilty.

In 2005, Troup ISD coach Samuel “Tony” Sutton was arrested for sex assault on two female students which he originally denied. Sutton had worked for one year for Troup ISD and was hired by the current superintendent Marvin Beaty. DNA matches from Coach Sutton's saliva were found in two students’ ears. Sutton faced additional and separate rape and aggravated assault charges in Smith County and was eventually sentenced to 35 years. Another black male pleaded guilty and was sentenced to 15 years for participating in one of the sex assaults.

The mother of one of Sutton’s female victims spoke out about the hiring process of the Troup ISD, a process defended by the Troup ISD superintendent during the trial. (Source KLTV)

In February 2006, Alto, TX ISD principal Charles Weeks was fired after six months on the job. The then Alto ISD superintendent Lawayne Sheffield “declined to release the reason for Charles Weeks’ termination.” Local newspapers followed suit, leaving room for speculation. (Source Daily Progress)

The Golden Rule : Lie through your teeth and get away with it.

The lesson to be learned from Cherokee County educational institutions is that this behavior is a direct result of the so-called highest legal authorities operating in Rusk, TX. District court bailiff Constable Randal Thompson was recorded by federal authorities during a drug sting threatening to kill any and everyone attempting to stop him from bringing drugs from the Mexican border into Cherokee County. Jacksonville police officer Larry Pugh dragged a federal witness into a van with a belt around her neck because she went to authorities after she was repeatedly raped by him at gunpoint. Other witnesses against the Jacksonville, TX police department have simply ‘vanished’ even after their remains have been found in neighboring counties.

Let’s not forget District Attorney Elmer Beckworth lying to State Legislators in 2005 on how he couldn’t rescind the bond of one Michael Harris, prior to Harris murdering his estranged wife Faye Bell Harris- not because Michael Harris was a drug snitch for Beckworth’s investigators and because Cherokee County never filed a protective order against Harris. No, it was because the Texas Constitution somehow would not allow Felony Bail revocation during escalating and repeated domestic violence. Similarly, Cherokee County CAN set the bail for parole violators such as Brandon Robertson, even though Robertson was stopped with a gun and crystal meth by the DPS. Is it any wonder respectful teachers are fleeing the county and resigning in droves? What about victims of domestic violence committed by members of the Rusk Chamber of Commerce? What about the men and women beaten up during the Tomato Bowl Riot of 2004 being put on trial- while the arresting officer / State Witness is sitting in a federal holding block on multiple Rape and Retaliation charges?

What about $25,000 being stolen from the post office in Alto, Texas by a US Post Master? What about the missing $150,000 stolen from the Rusk, Texas Water Department?

Outsiders begin to make sense why the smallest county in the area has the worst voter fraud and minority rights violations in the State. This is where sexual deviants, wife beaters and licensed professionals with multiple disciplinary actions can reside under the radar. It is a place where unlicensed police officers such as Michael Meissner can be hired to conduct surveillance on political enemies. And drunks, pedophiles and purveyors of child porn can participate in Elmer Beckworth’s jury pools. Many of these jury members have faced or are facing criminal charges themselves, unless they follow the district attorney’s lead. You can bet they are the best friend a prosecutor could ever have, because they will say and do just about anything to taint the entire judicial process. In Cherokee County, TX, that isn’t an understatement.

Elmer Beckworth and his former investigator Randy Hatch made good friends with a convicted felon who testified against soon to be executed death row inmates Richard Cobb and associate Buenka Adams. So good, they both wrote a letter to the convict’s parole officer and would’ve written the governor for a pardon if need be. Another caveat Cherokee County newspapers wouldn’t dare share with its readers.

Cherokee County is a haven for those seeking a refuge from licensing authorities and willing to take a 200% cut in salary. If these "doctors, lawyers and such" play the game just right, they’ll be lauded for decades in the newspapers even though their professional degrees aren’t worth the paper they wipe with.

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Let’s make a quick recap of Rusk, TX’s beloved medical professionals reprimanded and/or suspended by the Texas Board of Medical Examiners, yet given oodles of accolades by the Rusk Cherokeean Herald over the years:

• CALDWELL, TROY A. JR., M.D., Rusk, TX, Lic. #E8372
An Agreed Order was entered on 12-7-01 suspending the physician’s license; however, the suspension was stayed and the physician was placed on probation for five years under certain terms and conditions. Action due to nontherapeutic prescribing or treatment.

• PEYTON, JOHN C., M.D., Rusk, TX, Lic. #D5152
On November 30, 2007, the Board and Dr. Peyton entered into an Agreed Order publicly reprimanding Dr. Peyton, prohibiting him from having hospital privileges, and requiring that he take and pass the Medical Jurisprudence Examination; obtain eight hours of continuing medical education in medical record-keeping; and that he pay an administrative penalty of $500. The action was based on his failure to adequately attend to his hospital patients by making his daily rounds and responding to nursing pages for which he was subsequently disciplined by the hospital.

• MEHARRY, LEROY IRWIN, M.D., Umatilla, OR (formerly Rusk, TX), Lic. #F4955
On April 7, 2006, the Board and Dr. Meharry entered into an Agreed Order publicly reprimanding Dr. Meharry and requiring him to comply with all terms and conditions imposed by an Order of the Oregon Board of Medical Examiners. The action was based on the action of the Oregon Board in disciplining Dr. Meharry for issues relating to prescribing and dispensing of controlled substances to staff and family members without proper documentation and controls.

• MEHARRY, ROGER ALVIN, M.D., Austin , TX (formerly Rusk, TX), Lic. #E5172
Action Date: 08/17/1996
Description: 8-17-96: ORDER ENTERED GRANTING TERMINATION OF ORDER DATED 2-22-91. LICENSE IS FREE AND CLEAR OF ANY PREVIOUS RESTRICTIONS.

Action Date: 08/18/1995
Description: . 8-18-95: ORDER ENTERED GRANTING MODIFICATION OF ORDER DATED 2-22-91 AS FOLLOWS: REAPPLY FOR DEA & DPS CERTIFICATES.

Action Date: 08/19/1994
Description: AGREED ORDER 8-19-94 DR. MEHARRY'S PREVIOUS 1991 BOARD ORDER WAS EXTENDED FOR 2 YEARS. ACTION DUE TO UNPROFESSIONAL OR DIHONORABLE CONDUCT, AND PROFFESSIONAL FAILURE TO PRACTICE MEDICINE.

Action Date: 02/12/1993
Description: ORDER 2-12-93 REQUEST TO REAPPLY FOR CONTROLLED SUBSTANCES DENIED

Action Date: 06/17/1992
Description: AGREED ORDER 6-17-92 ALLEGED VIOLATION OF PATIENT CONFIDENTIALITY GIVEN PUBLIC REPRIMAND.

Action Date: 01/22/1991
Description: ORDER 1-22-91 DUE TO ALLEGATIONS OF PRESCRIBING CONTROLLED SUBSTANCES TO KNOWN USERS, INSUFFICIENT DOCUMENTATION ON MEDICAL RECORDS, WRITING FALSE PRESCRIPTIONS. PROBATION FOR 5 YEARS. SHALL NOT PRESCRIBE NONTHERAPEUTICALLY. SHALL NOT PERMIT AN UNLICENSED PERSION TO TELEPHONE A PRESCRIPTION IN TO A PHARMACY. MAINTAIN A FILE OF PRESCRIPTIONS WRITTEN FOR CONTROLLED SUBSTANCE 2 WEEK PRECEPTORSHIP TO BE COMPLETED WITHIN 12 MOS. MAINTAIN ADEQUATE MEDICAL RECORDS. 50 HRS. CME PER YEAR. SHALL APPEAR TWICE ANNUALLY BEFORE THE BOARD.

(Source Texas Board of Medical Examiners)

Saturday, January 10, 2009

Blue hairs steal another election. "Jessica's Law" 18 months later.

Texas House of Representatives District 11:

Voter fraud is a crime against our most sacred rights as Americans. In Cherokee County incumbents can rely on benign looking old ladies volunteering at the voting booth to falsify election results in their favor. Their job is to pervert the outcome of every election, no matter how inconsequential the political position. They've been doing it for decades and it is the same type of blue-haired biddies every election cycle. However, when they defraud the outcomes of Congressional elections, results affect the entire State.

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Another election in the crapper thanks to Cherokee County voter fraud. That’s their track record and we've been reading about it since the days of Lyndon B. Johnson. Apparently ballot voting in this region is tongue-in-cheek and the Attorney General's office is complacent with election results. As an added bonus, elected officials quickly register bogus ballot counts and the local media reports the counterfeit results before the Secretary of State can certify the election. Even in the age of mandatory electronic voting.

Terrorist organizations such as Hamas and Hezbollah harbor their rogue activities from reprisal by sheltering them within houses of worship and schools. They know public opinion will be in their favor by stationing themselves within these sanctuaries and they are free to conduct their assault on Freedom. Similarly, the Cherokee County Commissioner's Court, County Judge, et al have chosen the community churches as the best places in which to conduct voter fraud while cloaked behind the facade of presumed benevolent and guileless environments.

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(Source: Cherokee County Commissioners Court October 14, 2008 meeting)

Published Cherokee County, TX polling locations by precinct on the county Public Meeting Notice:

#10, Northeast, Rusk Civic Center
#11, East Rusk, Blount Chapel Baptist Church
#12, North Rusk, Gallatin Community Center
#13, North Maydelle, First Baptist Church
#14, Southeast Jacksonville, Corinth Baptist Church
#15, Ward #3 City of Jacksonville, Tyler St. Baptist Church
#16, Dialville, Dialville Methodist Church
#23, South Rusk, Salem Baptist Church Hwy 241
#24, Rusk, Cherokee Civic Theater in Shriner Bldg/5th St.
#25, Wells,City Fire Station
#26, East Alto, Calvery Tabernacle United Pentecostal Church
#27, West Alto, City Fire Station Hwy 21
#28, South Maydelle, Assembly of God Church
#29, Forest Baptist Church
#32, Mt.Selman Baptist Church
#33, Reese Community Center, Hwy. 175
#34, Mixon First Baptist Church
#35, Cove Springs Baptist Church, Hwy 175
#36, S W Jacksonville, New Hope Baptist Church FM 747
#37, Mt. Haven CME Church
#38, Ward #2, City of Jacksonville Activity Center Peoples Street
#42, Ward #1, City of Jacksonville Old Elberta St. School
#43, Ward #4, City of Jacksonville Public Library
#44, Northeast Jacksonville Tecula Baptist Fellowship Hall
#45, New Summerfield First Baptist Church
#46, Pleasant Hill Blackjack Baptist Church
#47, Ponta First Baptist Hwy 110
#48, Concord Presbyterian Church, CR 4705 FM 856

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Like a fundamentalist terrorist, these seemingly gentle old church moms would cut your head off as soon as your back was turned. They are the backbone of the culture of corruption and they volunteer their time to keep their kith and kin in office. When the biddies aren't busy listening in on private phone conversations for the district attorney's office, they're stuffing ballot boxes and filling out fake provisional voter registration cards. And tossing out challengers' votes as fast as shucking peas.

Incumbent State Representative and Jacksonville, TX resident Chuck Hopson (D) 'won' the November 4th Texas House District 11 race by this same tried and true technique. Hopson's opponent challenged the results and requested a supervised recount. A senior citizen election official squeaked out an extra 104 votes during the December recount and Cherokee County’s incumbent State Representative was sent back to Austin for another term. Chuck Hopson, a conservative Democrat and honorable politician in his own right defends the blatant voter fraud and corrupt election process from his hometown district. Texas House District 11 is composed of Henderson, Panola, Houston and Cherokee County. Hopson's challenger was Republican Brian Walker of Panola County, TX.

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TX HD 11



On election night and after a “recount,” Rep. Hopson’s home district in Jacksonville, Texas – Precinct 36, or “Box 36,”provided the 100 + fraudulent votes needed to save his seat. Challenger Brian Walker had been ahead of Hopson on election night, until Box 36 came strolling in three hours after the polling booths closed, giving Hopson the votes to remain in office. Polling place No. 36 is located in on FM 747 in South West Jacksonville at the New Hope Baptist Church. Go figure.

Because the blatant mislabeling of ballot boxes was being questioned by the Walker campaign, the Cherokee County Commissioner's Court rushed to form a canvas board of local relatives of the election judges.

Candidate Brian Walker petitioned the Texas House of Representatives for a recount and an investigation. Walker’s formal request contends Cherokee County acted in violation of Texas electoral procedures and allowed fraudulent provisional votes to be cast for the incumbent. At the same time, other votes in his favor were tampered with and/or discarded. The bulk of tossed out votes were overseas ballots of service men and women with legal residency in Cherokee County. Before the Texas House of Representatives convened to hear the petition, Walker withdrew his request for a formal hearing.

Brian Walker contested the certification of the election that Cherokee County is in violation of the Texas Election Code. These are election laws broken by election officials:

NUMBER ONE: 900 cast votes, enough to swing the close election, were never properly sealed nor locked once Cherokee County was notified of a recount. These ballot boxes remained with members of the Hopson camp until they were subpoenaed.

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 66. DISPOSITION OF RECORDS AND SUPPLIES AFTER ELECTION

Sec. 66.058. PRESERVATION OF PRECINCT ELECTION RECORDS.

(a) Except as otherwise provided by this code, the precinct election records shall be preserved by the authority to whom they are distributed for at least 22 months after election day.
(b) For a period of at least 60 days after the date of the election, the voted ballots shall be preserved securely in a locked room in the locked ballot box in which they are delivered to the general custodian of election records. On the 61st day after election day, the general custodian of election records may:
(1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and
(2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.
(b-1) Except as permitted by this code, a ballot box or other secure container containing voted ballots may not be opened during the preservation period.
(c) If during the preservation period an authorized entry is made into a ballot box or other secure container containing voted ballots, when the purpose for the entry is fulfilled, the box or container shall be relocked or resecured, and the box and key or secure container returned to the custodian.
(d) A custodian of a ballot box or secure container containing voted ballots commits an offense if, during the preservation period prescribed by Subsection (a), the custodian:
(1) makes an unauthorized entry into the box or container; or
(2) fails to prevent another person from handling the box or container in an unauthorized manner or from making an unauthorized entry into the box or container.
(e) An offense under Subsection (d) is a Class A misdemeanor.
(f) The records in ballot box no. 4 may be preserved in that box or by any other method chosen by the custodian. If the records are removed from the box, they may not be commingled with any other election records kept by the custodian.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 2, eff. June 15, 2007.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 18, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 40, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 950, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1197, Sec. 2, eff. June 15, 2007.

NUMBER TWO: The election judge of Representative Hopson’s home district was not appointed in accordance to the Texas Election Code; rather she is a Chuck Hopson “volunteer.” This election judge was not on the roster authorized by the Cherokee County Commissioner’s Court.



ELECTION CODE

TITLE 3. ELECTION OFFICERS AND OBSERVERS

CHAPTER 32. ELECTION JUDGES AND CLERKS

SUBCHAPTER A. APPOINTMENT OF ELECTION JUDGES

Sec. 32.001. PRESIDING JUDGE AND ALTERNATE FOR EACH ELECTION PRECINCT. (a) A presiding election judge and an alternate presiding judge shall be appointed for each election precinct in which an election is held.
(b) The alternate presiding judge shall serve as presiding judge for an election if the regularly appointed presiding judge cannot serve.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 32.002. JUDGES FOR COUNTY ELECTION. (a) The commissioners court at its July term shall appoint the election judges for each regular county election precinct.
(b) Judges appointed under Subsection (a) serve for a term of one year beginning on August 1 following the appointment, except that the commissioners court by order recorded in its minutes may provide for a term of two years.
(c) The presiding judge and alternate presiding judge must be affiliated or aligned with different political parties, subject to this subsection. Before July of each year, the county chair of a political party whose candidate for governor received the highest or second highest number of votes in the county in the most recent gubernatorial general election shall submit in writing to the commissioners court a list of names of persons in order of preference for each precinct who are eligible for appointment as an election judge. The county chair may supplement the list of names of persons until the 20th day before a general election or the 15th day before a special election in case an appointed election judge becomes unable to serve. The commissioners court shall appoint the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the highest number of votes in the precinct as the presiding judge and the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the second highest number of votes in the precinct as the alternate presiding judge. The commissioners court may reject the list if the persons whose names are submitted on the list are determined not to meet the applicable eligibility requirements.
(d) The county clerk, after making a reasonable effort to consult with the party chair of the appropriate political party or parties, shall submit to the commissioners court a list of names of persons eligible for appointment as presiding judge and alternate presiding judge for each precinct in which an appointment is not made under Subsection (c). The commissioners court shall appoint an eligible person from the list who is affiliated or aligned with the appropriate party, if available.
(e) The commissioners court shall fill a vacancy in the position of presiding judge or alternate presiding judge for the remainder of the unexpired term. An appointment to fill a vacancy may be made at any regular or special term of court. Not later than 48 hours after the county clerk becomes aware of a vacancy, the county clerk shall notify the county chair of the same political party with which the original judge was affiliated or aligned of the vacancy. Not later than the fifth day after the date of notification of the vacancy, the county chair of the same political party with which the original judge was affiliated or aligned shall submit to the commissioners court in writing the name of a person who is eligible for the appointment. If a name is submitted in compliance with this subsection, the commissioners court shall appoint that person to the unexpired term. If a name is not submitted in compliance with this subsection, the county clerk shall submit to the commissioners court a list of names of persons eligible as an appointee for the unexpired term. The commissioners court shall appoint an eligible person from the list who is affiliated or aligned with the same party, if available.
(f) Subject to Section 32.003, the judges appointed under this section shall serve in each election ordered by the governor or a county authority in which the regular county election precincts are required to be used.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 8, 9, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 89, Sec. 1, eff. September 1, 2005.

NUMBER THREE: Of all the electronic and more accurate voting machines, Hopson’s home precinct relied on paper ballots, based upon a “malfunction” that was never reported. In typical Cherokee County fashion, polling places allowed bystanders access to ballot boxes, while feigning a ‘friendly good old fashion’ political setting. Cherokee County remains off the map as county officials will not allow the Texas Election Administration Management (TEAM) system access to its fraudulent votes. Cherokee County prefers to remain in the dark ages instead of implementing a secure computerized voter management system. They get a kick out of submitting falsified voter returns.

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 214. COUNTING PROCEDURES

SUBCHAPTER A. MANUALLY COUNTED BALLOTS

Sec. 214.046. TEST OF PROGRAM AND EQUIPMENT. (a) After the time set for beginning an electronic recount but before the recount is made, the recount tabulator shall conduct a test of the program and equipment in the same manner as the test that is conducted immediately before an original count of ballots for an election. Each person entitled to notice of the recount or the person's representative at the recount is entitled to examine the program and the test materials on request.
(b) If the test is unsuccessful, the recount tabulator shall notify the recount committee chair, who shall notify the recount supervisor, and the supervisor shall investigate the cause of the test's failure. The electronic recount may not proceed until a test is successful on the equipment used for the first test or on other equipment selected by the supervisor.
(c) If the recount supervisor determines that the program is defective, the supervisor shall inform the person requesting the recount or the person's agent. The person requesting the recount may notify the supervisor:
(1) to have the ballots recounted manually; or
(2) to attempt to correct the program so that an electronic recount may be conducted with the corrected program.
(d) A recount using a corrected program may not be made unless the tabulation supervisor of the central counting station or the presiding election judge of the polling place at which the ballots were counted, as applicable, and the person who prepared the program sign a written statement indicating that the original program is defective. If the statement cannot be obtained, the recount supervisor shall have the ballots recounted manually.
(e) If a recount using a corrected program is to be made, the original program shall be preserved without change and a complete new program shall be prepared. The original set of test materials shall also be preserved without change and a complete new set shall be prepared if the original set is unsuitable for testing the corrected program.
(f) The recount supervisor shall obtain from the person who prepares a new program a signed statement that the program was prepared by the person, with the date of preparation and the person's address shown on the statement. The new program, the preparer's statement, and the test materials used for verification shall be preserved in a sealed container in the same manner and for the same period as the original program.
(g) The costs of a recount under Subsection (c) may not be assessed against a person regardless of its outcome. If other precincts are included in the same recount document, the assessment of the costs in the other precincts shall be determined by the overall outcome in all precincts included in the document.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 224, eff. Sept. 1, 1997.

NUMBER FOUR: On election night November 2nd, the ballot box from Rep. Hopsons’ home precinct arrived at the courthouse at 9:45 pm - nearly three hours after the polls had closed. This voting precinct is twenty minutes from the courthouse in downtown Rusk, TX. The election judge gave different accounts of why she was late for vote tally.

NUMBER FIVE: The ballot box from Rep. Hopson’s home voting precinct, as well as others throughout Cherokee County, was a plain cardboard box, not a padlocked metal container as required by Code. After election night and prior to the physical recount, all boxes' seals had been removed and tampered with.

NUMBER SIX: Cherokee County, TX refused software tests and calibration of its voting machines prior to the December recount.

NUMBER SEVEN: Rejected ballots were never provided for scrutiny.

NUMBER EIGHT: Every ballot register the County Clerk certified was falsified; all 31 voting precincts in Cherokee County had different totals certified than were actually serialized on the boxes. Many precincts failed to record the actual amount tallied on election night on the ballot boxes.

NUMBER NINE: Cherokee County election officials added votes during the recount computation that were never matched nor reported. Voters from outside House District 11 were allowed to cast their secret ballots. Ballot registers have never been made available to the Walker campaign. Nonetheless, Walker withdrew his petition.

Brian Walker conceded to Chuck Hopson on December 22, 2008 but told the Tyler Paper his investigation of voter fraud in Cherokee County would continue. The Secretary of State would have to throw out the last 50 years of elections in Cherokee County if that were the case. The Texas legislature is currently divided by party lines at a close 76/74. The political melee of contesting what the Speaker of the House must view as an insignificant House seat would bring Cherokee County out of the dark and into the sunlight. Apparently nobody can stomach the rats and roaches scrambling in the slime when the eyes of the State are on them. The legacy of Cherokee County providing falsified information about its systemic corruption continues. The only question is whether or not the Attorney General's office is going to certify it.

The alternate Universe of Cherokee County, TX newspapers:

Sensing the coast is clear from an Attorney General’s investigation into the stolen election, the Rusk, Texas Cherokeean Herald rubs the victory of their chosen incumbent in the face of the Brian Walker campaign. The daughter of the editor compares Republican Brian Walker to the “Wizard of Oz” and chastises him for not responding to the newspaper's phone call interviews during the recount.

Beginning the day of the Nov. 4 General Election and continuing until last week, Mr. Walker and his staff have dodged more than 25 calls from the Cherokeean Herald.
With every twist and turn down this yellow brick road, the Cherokeean Herald attempted to call Mr. Walker for reaction to basic questions.
In contrast, the lines of communication with state Rep. Chuck Hopson (D-Jacksonville) and state Sen. Robert Nichols (R-Jacksonville) have always been prompt, even if their staff had to research a question.
If the Wizard of Oz isn't available to take calls, does anyone have the cell phone number for the guy in the control booth pushing the buttons?

The fact is the Brian Walker campaign did not have Mr. Walker’s grandmother operating as an election judge in Cherokee County. Mr. Walker did not have operatives working as election judges in swing precincts. The only county with the ongoing history of voter fraud and stolen elections is the hometown of the Cherokeean Herald. The only county embroiled in a contested election is the Herald's.

Mr. Walker is smart enough to smell the corruption of a stolen election and equally astute enough not to give interviews to the enemy. Furthermore, the Cherokeean Herald has a 30-year track record of making up fictitious stories for print, without any fact checking by an outside entity. The Cherokeean Herald will not report on the federal crimes of its law enforcement, Post Office employees or kinfolks. Certainly Brian Walker and associates have found a good use for the Rusk, Texas newspaper- lining litter boxes and bird cages. The fact is the editor's hometown Pravda, the Cherokeean Herald, has an eerie resemblance to Nazi propaganda fast forwarded to the present.

County officials quick to certify the voter fraud understood what type of scrutiny they would be exposed to with a Brian Walker victory. The Cherokeean Herald has been unabashedly in support of the Chuck Hopson reelection since the March 2007 primaries. And constantly deflecting the reality of resident child molesters on probation and living amongst them. Probation given to them by Cherokee County’s Elmer Beckworth and the district courts lazily pushing offenders through the docket.

To his credit, State Representative Chuck Hopson (D) introduced legislation in 2005 that would prevent convicted sex offenders receiving State subsidized erection enhancement drugs. Other legislation on the books for Federal Prosecutors includes the Adam Walsh Act, in 18 United States Code 2250, making it a federal crime for sex offenders to travel across state lines and fail to register. More recently is Jessica’s Law, ignored by Cherokee County, TX prosecutors unless it gets a blurb in the paper or the defendant isn't a blood-relative.

Rusk, Texas:

After 18 months of Jessica’s Law being the law of the land and after decades of legal precedent, Cherokee County prosecutors decide that ongoing incestuous relations are illegal, but only to offenders they haven't placed on the next jury pool. Jessica’s Law, introduced as House Bill 8 in Texas, became law on September 1, 2007. Under the provisions of HB 8, legislators proposed a 25 year minimum sentence for first time offenders convicted of child molestation. Dual legislation also created a new offense called “Continuous Sexual Abuse of a Young Child.” Jessica's Law has proven to be an effective weapon for prosecutors willing to prosecute Indecency with Minor charges known to have been ongoing. It was design to be used in every case a sex offense against a child occurs; the law’s origin was not created to be used at the discretion of small town district attorneys trying to get their names in the paper. Children in Cherokee County, TX have been continually abused physically and sexually for decades. The local media helps cover this up. Hence after a year and half of Jessica’s Law being on the books, Cherokee County finally comes out the dark ages.

A quick check of the local newspapers archives of the last 18 months shows only a few cases of unlawful acts with children get prosecuted to the fullest extent of Jessica's Law. In a recent Tyler Paper interview, the Cherokee County District Attorney office boasts the December 10, 2008 conviction of George Henry Williams, Jr. Of course, Williams is not directly related to anyone in the Rusk, TX courthouse.

Like his forefathers and those shielding his conduct, Williams engaged in a continuous incestuous relationship with a 5-year old girl. Prosecutors declined to describe the family connection between Williams and the victim. Had Williams been related to officers of the court, the victim’s story of ongoing assault would have been buried and Jacksonville-based reporters would have written about how great a guy George Williams is to hang out with at the local eatery. Or perhaps thrown his name in as a victim of recent car burglaries. George Williams was arrested on February 3, 2008.

The same District Attorney’s office has instructed their Jacksonville , TX based reporters to ignore the last 18 months the law was in existence. The fact is “Jessica’s Law” has been ignored until someone not related to elected officials arrived on the docket. Anti-pedophile legislation on the books for decades has been available for Texas based district attorneys competent enough to utilize it, without politicizing the crime. HB 8 became the law of the land in 2007, but in the meantime 99 % of the sex offenses in Cherokee County, Texas have been prosecuted as Misdemeanors.

Earlier in May 2008, Jacksonville, Texas resident Glenn R. Wingard (arrested the same day as George Williams) was sentenced to 95 years for aggravated sexual assault of a child. Wingard was arrested one year after the assaults occurred and before Jessica’s Law was enacted. In January, 2008 Rusk, Texas resident Gordon Neal Mathis was sentenced to over 40 years for aggravated sexual assault of a child. That’s it; 3 offenses prosecuted out of the dozens of sex assault cases reported in the Jacksonville Daily Progress since Jessica’s Law became law.

Therefore there has been nothing stopping Cherokee County prosecutors from putting sex offenders on trial other than (1.) the embarrassment of rampant incest throughout the county; and (2.) the embarrassment of prosecuting their previous jury members.

In November 2008 alone, The Jacksonville Daily Progress reported on their back pages the summertime plea bargains of several resident Cherokee County child sex offenders (complete with deliberately misspelled names). These guys received deals not prosecuted under Jessica’s Law:

• Thomas Elledge [sic], sexual assault of a child. The plea agreement was for four years in prison; and
• Justin Paul, aggravated sexual assault of a child. The plea agreement was for eight years in prison.

Not the minimum 25 years established under Jessica's Law.

Rusk, Texas resident and registered sex offender Kevin Lyn Hawes, age 45, was sentenced to 70 years confinement in November 2008 for violating the terms of his probation. Deferred adjudicated probation given to him by District Attorney Elmer Beckworth in 1999, before the invention of the Internet was discovered in Cherokee County. Hawes was arrested in 1998 for attempted sex assault of a 15-year old female. The terms of his 10-year probation sentence included Community Service and not having sleepovers with little kids, both conditions Hawes violated. They pulled straws in the judge's chambers and decided Kevin Hawes needed to be made the sacrificial lamb. Hawes was less than a year from release from Adult Supervison, i.e. probation.

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Kevin Lyn Hawes, registered sex offender



Kevin Hawes tried to date rape a 15-year old Rusk, TX girl; Jessica Law would not apply to his case. The fact is the teen testified against Hawes and resulted in his conviction. The Jacksonville Daily Progress reports the Hawes case as if it were in fact a sex crime involving a child much younger, who was unwilling to testify. Hawes probation violations are not prosecutable under Jessica's Law. As a matter of fact, Kevin Hawes' probation revocation has absolutely nothing to do with "Jessica's Law." The Jacksonville Daily Progress would choose their readers to believe otherwise.

And Cherokee County’s Elmer Beckworth continues the lie implied in the article:


Like many cases that deal with victims of this age, many times the victim is unwilling to testify, leading to these cases being dismissed or getting a plea. Thanks to recent changes in the law and more children’s advocacy programs, we’re seeing more and more victims get counseling and are able to testify.

Again, the fact is the 15-year old victim Kevin Hawes attempted to have underage sex with did in fact testify against him. And Hawes' probation violations have nothing to do with Elmer Beckworth’s track record of offering probation to resident Cherokee County sex offenders. God help them if these defendants aren’t related to anybody working in the Rusk, Texas courthouse. Kevin Lyn Hawes is currently(as of January 2009)incarcerated in the Cherokee County jail awaiting transport to TDCJ.

Cherokee County prosecutors have a proven track record lying about their own cases, often just for the sake of diverting attention away from their cronyism. Sometimes they lie just for the ego trip of remaining unchallenged by the local media and in local elections. It keeps the Cult of Confession in check. Not only is Cherokee County steeped in voter fraud, it is immersed in one of the longest ongoing Criminal Court con games in Texas history. This history will be discussed in detail in the coming months along with the upcoming retirement of Criminal Court of Appeals Justice Charles Holcomb. As Cherokee County’s highest ranking State Bar member, Justice Holcomb is mentor to several of Cherokee County’s current swear-ins.

Who will the Governor choose to replace Cherokee County’s favorite son as Justice on what has been called the worst criminal appeals court in the United States? Place 8's appellate Justice won't have to rely on voter fraud to be elected- he or she will get to be appointed by Rick Perry.