Monday, December 31, 2012

Witness never interviewed, Doctored Transcript from Tape, Evidence Ignored and then Eliminated, and finally the Doctored Evidence Control Record

This case started out with the incredible acts of corruption and deceit from the Cherokee County Sheriff's Department. I filed an Incident Report the same day of the incident and when I went and got a copy of my report I found critical information had been left out of the report and the facts I gave to the deputy were not represented in my Incident Report. When I attempted to file a Supplementary Incident Report I was denied my right to do so and I was threatened with arrest if I persisted. My Incident Report was NEVER investigated. An Incident Report was filed by the person who committed the crimes of violence against me some four days after the incident and it contained nothing but false information and even the jurisdictions were not correct, yet this report was "investigated" and after a lousy investigation at best, I was arrested!

The next thing that happened in this case is the witness at the scene of the alleged crime (a respectable citizen, Drew Mayo) was never interviewed before my false arrest. In fact there has never been a single interview of Mr. Mayo to this day.

The next thing that happened in this case is scary---when you see that a detective is not going in the direction of the truth---but, clearly, he is out to pin a crime on you you did not commit.

The next thing that happened in this case was unbelievable. A recorded conversation that I had with the alleged "victim", who actually perpetuated the violence against me, was transcribed by Mary Wilson, at the order of the now former Detective Preston Peavy (who is still a cop in the Warrant Division of the Cherokee Country Sheriff's Department, in Cherokee County, Georgia), and this transcript was completely altered to eliminate critical exculpatory evidence.

Doctored Transcription of Tape as Evidence – Note: This is supposed to be a transcript of a recorded “conversation” when I called Jackie Wagner the same day I was arrested. After I was falsely arrested on September 25, 2001, as soon as I got out of jail and got back to my home, I called Ms. Wagner. I recorded the conversation on my end, but the batteries were low in my recorder and it did not record the entire conversation. Because of this, I did not get a recording of a statement that cleared me in this case. I contacted my attorney, Jeff Rusbridge, and told him about the recording and he thought it was rotten luck that the batteries were low. A few weeks later I was talking to Mr. Rusbridge and he informed me of the good news that the state had also recorded the conversation and that the state was having a transcript done of the tape. I was elated and I re-affirmed that the tape would clear me of the false charges against me. It was months before we got a copy of the transcript and I was shocked to find out that it was nothing like the actual conversation, and it had been doctored to eliminate exculpatory statements and doctored to make it look as if Ms. Wagner did not actually talk to me. Detective Peavy’s thinking must have been this: Why would Ms. Wagner talk to me if what she claimed was true, that I had attempted to shoot her with a crossbow. Detective Preston Peavy was obviously behind this altered evidence so as to frame me for the crimes I did not commit and that he had already had me falsely arrested for. I told my attorney that he must get a copy of this tape. It turned out that the state said they could not find the tape. I contacted the professional transcriber, Mary B. Wilson, and she would never return my calls. Finally I drove to her office in Kennesaw, Georgia, and found that she had abruptly moved out of her office. I have never been able to locate her since. Over the course of four years and many Motions for Discovery we were never able to get a copy of this tape. The state continued to claim that they could not locate the tape, and that it had been misplaced. Then some four years later, when the state was taking me to a second trial, after the first trial ended with alleged felony tampering with evidence, the state claimed that they had apparently “lost” the tape.

Transcription of Conversation with Jackie Wagner – Note: This is a transcript of how the actual conversation went. I had some of the conversation on tape, and within minutes of the actual conversation and upon realizing that the batteries were low in my recorder, I transcribed this conversation down on paper. Had the state (and Mary Wilson) not altered the transcript it would have been very close, if not exactly, as I stated. When I stated that I had lost my chances at a “pardon” for selling a small amount of drugs in 1986, the word “pardon” was changed to “car”. Detective Peavy’s thinking must have been: Why would a criminal be concerned with getting a pardon? Ms. Wagner, in her first recorded interview with Detective Peavy, claimed that I had gotten my severely blackened eye, bruise on my chest, and small bruise on my left arm from hitting myself all night long and beating myself up. This transcript clearly shows there was a two way conversation and not just a message that I left on her answering machine. More importantly, her statements at the end certainly would have exonerated me and proved my innocence. My nightmare would have been over soon after it had gotten started if the former Detective Peavy had not tried to frame me for crimes I did not commit---and where I was in fact the victim of violence at the hands of a very unbalanced female.

Critical Exculpatory Evidence Ignored and then ELIMINATED!!

Doctored Evidence Control Record

This is the Evidence Control Record. Notice one of the spaces is left blank. This is just before the start of my first attempt at trial where felony tampering with evidence took place. Because this record was doctored we had no way to prove who may have been in possession of my crossbow when it was altered. Someone committed the crime of Felony Tampering with Evidence twice. Once by altering the crossbow and again by covering up for who altered the crossbow, wiping the shaft clean of the thick layer of dirt, dust, and grime that was definitive proof that it had never been cocked---and if the crossbow was not cocked it could not have been loaded.


No comments:

Post a Comment