I just had the documents read off over the phone in the recent case involving a Franklin Cover-Up-like situation in Waxahachie -- the one where Kenneth Wayne Yarbrough is accused of anally raping his stepchildren, yet is protected by the highest levels of community leaders in Waxahachie.
Tonight's radio broadcast on EllisCountyRadio.com will hit on this issue more, but so far, here's what we've got:
-- Waxahachie's Dunaway Elementary principal and guidance counselor spoke with Tamara Yarbrough's now-11-year-old daughter, got her story and immediately called CPS and made it a "Prirority 1" call. Tamara Yarbrough took her daughter to Waxahachie PD before this, spoke to - unfortunately - Cyndy Wiser - and nothing was done. Tamara did not want to hear the allegations for fear that someone would accuse her of making up the story. So the little daughter told her principal and guidance counselor.
-- CPS became involved, but they were working the other side...instead of taking this little 11-year-old girl who alleged that Kenneth Wayne Yarbrough -- protected by prominent members of "the Waxahachie community" -- out of harm's way, CPS was ordered to place the 11-year-old girl in the custody of KENNETH WAYNE YARBROUGH.
The Bombshell:
-- Documents read aloud over the phone just today reveal that 378th District Court Judge Al Scoggins' signature is nowhere on an amended motion for temporary orders or a temporary order possession --- but the signature of Carla Cobb, court coordinator, is. Carla Cobb might have some explaining to do from the early 90s in the whole Robert Trevino case (see below), but where it says JUDGE PRESIDING, it is blacked out --- in official court documents --- and her name is present.
So, no judge ordered the temporary orders or amended motion for temporary orders or signed off on any of it, but rather, his court coordinator did. How is this even legal and constitutional?
Side Note: Judge Gene Calvert granted a protective order to Tamara and her 11-year-old daughter because of "physical and emotional abuse." But Kenneth Wayne Yarbrough filed for divorce in the 378th District Court (Scoggins), and was able to get the CPS temporary order possession and amended motion for temporary orders granted --- not by Judge Scoggins, but by his court coordinator.
I'll be doing a lot of head-scratching on this one.
Perhaps a little history lesson from Robert Trevino, a Waxahachie political activist who was threatened by former City Manager Bob Sokoll that "someday someone might get rid of you," and sentenced to prison for false accusations by a literal Satanic cult (and the Waxahachie PD), can shed some light on an indirect or direct role Mrs. Carla Cobb might have had in these recent cases:
Mr. Dauben,
Sir, I want to thank you for writing to me and that God has put it in your heart to remember me and that the seed laid in fertile soil where it has prosperous by labor and prayers to God, who is able. (Exodus 2:23-25) where God heard the children of Israel cried out and their cry came up to God because of the bondage, their grooming, and God remembered His covenant with Abraham, with Isaac, and with Jacob. And God looked upon the children of Israel, and God acknowledged them.
The story of Joseph in Genesis 37-50 – where Joseph was first sold by his brother then falsely accused of attempt of sexual assault sent to prison, but God used Joseph to save many people from dying. So I pray that God will use me here to save people too and raised Joseph to to Pharaoh in rank.
I have been incarcerated since 25, August 1995 falsely accused, tried by a specially all white jury who all had been a victim or a family loved one of a sex crime for a sure conviction. Defendent Vital Evidence withheld by Ellis County District Judge Gene Knize even when the judge outside the present of the jury acknowledged one of the main state witnesses Shawn Lankford impeach himself by a letter Shawn wrote to me on 4-12-1994 and proves Shawn fabricated his sexual assault charge against me. When Shawn filed his charge, it was in August 1994 after Patrick Lankford, his brother, had been filed “statutory rape” charge on a 12-year-old girl (Stacy Harris), who had been taken to the Waxahachie hospital emergency room for bleeding after having sex with Patrick for hours – no report on this was in court or the police reports which were taken at the ER room, nor the doctor’s DNA kit report, nor was Patrick Lankford an adult of 17 or 18 years old at the time when he had sex with Stacy Harris who was 12 years old. No arrest the police detective who had 4 1/2 years experience at the time as being in charge of crimes against persons and testify in court was Det. Billie Wiggins said that the reason she didn’t arrest Patrick was that no probable cause against this happened 4 August 1994 end at the tie of my trial 21 August 1995 after a year Det. Wiggins had not arrested Patrick but got Shawn, Patrick and his gang to file charges against me so Patrick would not go to court or prison! Patrick’s signed statement dated 23 Sept. 1994 where he first moved in my house was also withheld because it also proves that Patrick fabricated his charges saying he had moved into my house on 1st March or 1st April 1994; lied to Judge Gene Knize, withheld for a sure conviction.
Mr. Dauben, you got my permission to print this and any thing about my case and to talk wit attorney Udashen, 2301 Cedar Springs Road, Suite 400, Dallas, Texas.
Respectfully,
Robert Trevino
Notes from Trevino in margin: Shawn’s letter was thanking me, saying I was his homie and his best friend and that he should listen to me when I kept telling him good advice. But Shawn had falsely testified in court (see dates)
Editor’s note: the words “me” and “my” and “I” are in replacement of Trevino’s last name. For whatever reason Trevino used “Trevino” and not “me,” “my” or “I.
The Robert Trevino Case - in full - can be found on the MySpace Group with the same name. The original series was published in The Ellis County Press by columnist Fred Shannon.
The original post where this letter appears is here: joegrubbs.wordpress.com/2008/12/30/letter-from-robert-trevino/
Mostrando entradas con la etiqueta Courts. Mostrar todas las entradas
Mostrando entradas con la etiqueta Courts. Mostrar todas las entradas
miércoles, 14 de julio de 2010
jueves, 1 de julio de 2010
Court at Law No. 1 | Another Ellis County CPS Case, Another Bizarre Story
I thought my days of fighting off Child Protective Services problems were somewhat over with, but obviously, there are still demons in the pit I've got to expose...starting with Christine Williams' story that she told and re-told to me today in a sit-down interview:
-- Her daughter, Destiny Briggs, fought off a CPS attempt to take away her lovely daughter Aaliyah in Round 1 of a battle --- she later won full custody of the children. This first case involved Destiny living with a friend and her daughter, plus this friend's mother. The mother was reportedly an alcoholic and pill-popper who got angry with Destiny one day and left threatening voicemails on her phone that said something to the effect of, "I'll make sure you never see your kid again..."
-- During that first CPS battle, Destiny's little daughter was temporarily placed with a LaDonna Garrett and her husband. After the CPS situation was resolved and Destiny won full custody (Ellis County's jurisdiction was set because Destiny's friend lived in Waxahachie...and so the mom made accusations in Ellis County, hence CPS becoming involved -- and later, CPS lawyers rejected attempts to transfer the case to Tarrant County CPS officials.)
-- Bizarrely, this LaDonna Garrett had photos upon photos upon photos of cute little Aaliyah (such a pretty name) all over her house, but not a single one, according to Christine Williams, of her biological son.
-- It recently slipped out in Court at Law No. 1 (Judge Greg Wilhelm, R-Midlothian, presiding) between Destiny's lawyer and the baby's lawyer that LaDonna had made "hysterical" phone calls crying and wishing for the adoption of this baby Aaliyah.
-- Christine Williams and her daughter Destiny (mother of Aaliyah) have tried and tried to get Greg Wilhelm to stop this repeated call for mediation. He has ruled such mediation twice now, according to Christine. Judge Wilhelm has not heard all of the facts of this case as to why LaDonna Garrett is insisting on adopting the child (Aaliyah.)
Where it gets weird is that there is a motion for "temporary custody awaiting adoption" -- according to Christine Williams -- that LaDonna Garrett has got going in Court at Law No. 1. I'm sure there are many details left to flesh out in this ordeal, but Garrett has reportedly bragged about having many family members in law enforcement, including an extremely nice, cordial uncle who works at the Court at Law offices (or at least did when the offices were at the old Walmart building in Waxahachie.) Her Facebook friends page has a "Wilhelm" listed...though Christine Williams says she's unsure if there's any relation to the judge, but should this become an issue? We'll see...
Though Christine Williams says CPS is not involved in Round 2, I think they are...behind the scenes or what-not. CPS doesn't forget people who beat them...case in point: Mark Griffith's clients, the Daubitz family, defeated CPS in a civil case (jury trial) and in a subsequent criminal matter. CPS is the most unaccountable organization in Texas. It answers to no one other than juries, and still, that hasn't stopped them from enacting political revenge from prosecutors via their court-connections.
Again, there are many details to be fleshed out in the coming days...but right now, there are mediation hearings and Aaliyah's family does not want to give the child up for adoption to LaDonna Garrett, or to anyone.
How in the hell can a court set a motion for the adoption of a child even after Destiny Briggs was awarded full custody of the child in Round 1?
Does not make sense in the slightest...
The Court of Public Opinion is now in session. I'll be the judge, but I'll let the public opinion sway whichever way...I want justice to be done for little Aaliyah, and if there are any subversive tactics being used to steal a child away from a parent, they will have me to contend with.
Because my CPS record is spotless...to quote Mark Griffith:
"You are to journalism what I am to law."
Now you talk about a huge compliment...
-- Her daughter, Destiny Briggs, fought off a CPS attempt to take away her lovely daughter Aaliyah in Round 1 of a battle --- she later won full custody of the children. This first case involved Destiny living with a friend and her daughter, plus this friend's mother. The mother was reportedly an alcoholic and pill-popper who got angry with Destiny one day and left threatening voicemails on her phone that said something to the effect of, "I'll make sure you never see your kid again..."
-- During that first CPS battle, Destiny's little daughter was temporarily placed with a LaDonna Garrett and her husband. After the CPS situation was resolved and Destiny won full custody (Ellis County's jurisdiction was set because Destiny's friend lived in Waxahachie...and so the mom made accusations in Ellis County, hence CPS becoming involved -- and later, CPS lawyers rejected attempts to transfer the case to Tarrant County CPS officials.)
-- Bizarrely, this LaDonna Garrett had photos upon photos upon photos of cute little Aaliyah (such a pretty name) all over her house, but not a single one, according to Christine Williams, of her biological son.
-- It recently slipped out in Court at Law No. 1 (Judge Greg Wilhelm, R-Midlothian, presiding) between Destiny's lawyer and the baby's lawyer that LaDonna had made "hysterical" phone calls crying and wishing for the adoption of this baby Aaliyah.
-- Christine Williams and her daughter Destiny (mother of Aaliyah) have tried and tried to get Greg Wilhelm to stop this repeated call for mediation. He has ruled such mediation twice now, according to Christine. Judge Wilhelm has not heard all of the facts of this case as to why LaDonna Garrett is insisting on adopting the child (Aaliyah.)
Where it gets weird is that there is a motion for "temporary custody awaiting adoption" -- according to Christine Williams -- that LaDonna Garrett has got going in Court at Law No. 1. I'm sure there are many details left to flesh out in this ordeal, but Garrett has reportedly bragged about having many family members in law enforcement, including an extremely nice, cordial uncle who works at the Court at Law offices (or at least did when the offices were at the old Walmart building in Waxahachie.) Her Facebook friends page has a "Wilhelm" listed...though Christine Williams says she's unsure if there's any relation to the judge, but should this become an issue? We'll see...
Though Christine Williams says CPS is not involved in Round 2, I think they are...behind the scenes or what-not. CPS doesn't forget people who beat them...case in point: Mark Griffith's clients, the Daubitz family, defeated CPS in a civil case (jury trial) and in a subsequent criminal matter. CPS is the most unaccountable organization in Texas. It answers to no one other than juries, and still, that hasn't stopped them from enacting political revenge from prosecutors via their court-connections.
Again, there are many details to be fleshed out in the coming days...but right now, there are mediation hearings and Aaliyah's family does not want to give the child up for adoption to LaDonna Garrett, or to anyone.
How in the hell can a court set a motion for the adoption of a child even after Destiny Briggs was awarded full custody of the child in Round 1?
Does not make sense in the slightest...
The Court of Public Opinion is now in session. I'll be the judge, but I'll let the public opinion sway whichever way...I want justice to be done for little Aaliyah, and if there are any subversive tactics being used to steal a child away from a parent, they will have me to contend with.
Because my CPS record is spotless...to quote Mark Griffith:
"You are to journalism what I am to law."
Now you talk about a huge compliment...
miércoles, 30 de junio de 2010
Court of Criminal Appeals Upholds Texas' Personhood Law
I wasn't too sure on the justices on the Texas Court of Criminal Appeals...wasn't sure who I'd vote for. Now I know I'll be voting the incumbent Republicans back in, largely because of this:
Court Upholds Texas' Personhood Law In another victory for Texas' "personhood law," the Prenatal Protection Act, the state's highest criminal court unanimously upheld the conviction of a San Antonio man for murdering a pregnant girl and her "thirteen-week-old unborn child."
The groundbreaking Prenatal Protection Act recognized, for the first time in the history of Texas, the personhood of "an unborn child at every stage of gestation from fertilization until birth" and made it possible to prosecute for violent crimes of assault and murder against unborn persons.
In its opinion, delivered on June 16, the nine-member Texas Court of Criminal Appeals relied heavily on an amicus curiae (friend-of-the-court) brief submitted by Texas Alliance for Life (TAL). TAL's brief defended the constitutionality of the Prenatal Protection Act, which was passed by the legislature and signed by Gov. Rick Perry in 2003.
In 2005, Adrian Estrada, a youth director at a San Antonio church, murdered through "multiple stab wounds and strangulation" 17-year-old Stephanie Sanchez, who was carrying a child fathered by him. It was the third time she was impregnated by Estrada, with the first pregnancy ending by abortion and the second by miscarriage.
The Court noted that Roe v. Wade permits states to criminalize the homicide of an unborn child so long as the law does not restrict the mother's right to terminate her pregnancy.
"Once again the legal personhood of the unborn child has been upheld in Texas so that our legislature can protect mothers and unborn babies from violent crimes," says Joe Pojman, Ph.D., TAL's executive director. "Although the U.S. Supreme Court's Roe v. Wade opinion forbids Texas from protecting unborn children from abortion, we believe the Prenatal Protection Act creates a foothold for someday overturning Roe."
This is the fourth time the Texas Court of Criminal Appeals has upheld the Prenatal Protection Act and the third time TAL has submitted a brief to that court. In each case, the Court's opinion was consistent with the arguments in TAL's brief.
Source: Texas Alliance for Life
Court Upholds Texas' Personhood Law In another victory for Texas' "personhood law," the Prenatal Protection Act, the state's highest criminal court unanimously upheld the conviction of a San Antonio man for murdering a pregnant girl and her "thirteen-week-old unborn child."
The groundbreaking Prenatal Protection Act recognized, for the first time in the history of Texas, the personhood of "an unborn child at every stage of gestation from fertilization until birth" and made it possible to prosecute for violent crimes of assault and murder against unborn persons.
In its opinion, delivered on June 16, the nine-member Texas Court of Criminal Appeals relied heavily on an amicus curiae (friend-of-the-court) brief submitted by Texas Alliance for Life (TAL). TAL's brief defended the constitutionality of the Prenatal Protection Act, which was passed by the legislature and signed by Gov. Rick Perry in 2003.
In 2005, Adrian Estrada, a youth director at a San Antonio church, murdered through "multiple stab wounds and strangulation" 17-year-old Stephanie Sanchez, who was carrying a child fathered by him. It was the third time she was impregnated by Estrada, with the first pregnancy ending by abortion and the second by miscarriage.
The Court noted that Roe v. Wade permits states to criminalize the homicide of an unborn child so long as the law does not restrict the mother's right to terminate her pregnancy.
"Once again the legal personhood of the unborn child has been upheld in Texas so that our legislature can protect mothers and unborn babies from violent crimes," says Joe Pojman, Ph.D., TAL's executive director. "Although the U.S. Supreme Court's Roe v. Wade opinion forbids Texas from protecting unborn children from abortion, we believe the Prenatal Protection Act creates a foothold for someday overturning Roe."
This is the fourth time the Texas Court of Criminal Appeals has upheld the Prenatal Protection Act and the third time TAL has submitted a brief to that court. In each case, the Court's opinion was consistent with the arguments in TAL's brief.
Source: Texas Alliance for Life
martes, 29 de junio de 2010
Why Does it Take Greg Wilhelm & Gene Calvert 500 Years to Rule on Cases?
I like Judge Greg Wilhelm and Judge Gene Calvert, both in Courts at Law No. 1 and 2, respectively. But they are notorious for taking their sweet precious time in deciding cases, ruling on matters or simply setting court dates and issuing opinions. It's one of the reasons I think Wilhelm lost his re-nomination battle on March 2 to political newcomer Jim Chapman.
This is a very, very awkward predicament: on one hand I love these judges, but on the other, they take way too damn long to decide cases. This is not right. Granted, I don't know the inner workings of the case loads, but my guess is that the lawyers sucking tax dollars out of the government tit benefit more when things are delayed...
This needs to stop.
This is a very, very awkward predicament: on one hand I love these judges, but on the other, they take way too damn long to decide cases. This is not right. Granted, I don't know the inner workings of the case loads, but my guess is that the lawyers sucking tax dollars out of the government tit benefit more when things are delayed...
This needs to stop.
378th District Court | Ron Wilkinson vs. Dan Gus?
I received some surprising information from a few legal sources in Waxahachie who say that the appointment race to replace the moving-up-the-ladder Judge Al Scoggins, R-Ennis, is squarely between former Waxahachie Mayor Ron Wilkinson, who recently finished third in the 40th District Court primary, and Dan Gus, who recently finished fourth and who now serves on the Ellis County Republican Executive Committee.
Because Scoggins ran for, and got nominated to, the Tenth Court of Appeals bench in Waco on March 2 (defeating incumbent Felipe Reyna, R-Waco), he will leave a vacancy in the 378th District Court seat, which is primarily the divorce/family district court. Good riddance to Scoggins on Jan. 1, 2011, but hello to the excitement that will be the energy behind who Gov. Rick Perry (should he survive a Nov. 2 re-election challenge this fall) will choose to replace Scoggins and thus fill the remainder of his term.
Gus is a high-profile lawyer from Red Oak who works in Dallas, and Wilkinson is a liberal Republican with age working against him. He's reportedly in his 70s, and that's awfully old to be filling a district court seat. The 378th was created by George W. Bush's pen in 1995, at which Scoggins was then appointed, where he has served (unopposed) ever since.
Dan Gus is the reason we will no longer have 40th District Court Judge Gene Knize, R-Ennis, swearing an oath on Jan. 1. Dan filed to run against Knize, which prompted Knize and his family to say, "hell no, we aren't going to let Joey Dauben destroy us like he did four years ago through his blog." That is not an exact quote, but that's exactly what the message was...
Bob Carroll, the former Court at Law No. 1 judge who was at the time running for Ellis County judge against Carol Bush, abruptly switched races and filed against Gus, who then was joined by Wilkinson and Cindy Ermatinger, a Midlothian defense lawyer who lost to Carroll in the 40th District run-off on April 13.
Carroll is reportedly friends with former County Judge Chad Adams again, who is also friends with Gov. Perry. Perry makes the appointment, so odds are, whoever lobbies Adams the strongest will then have Perry's ear.
I will make a very strong agreement here today:
1) If you guys out there in lawyer-la-la land help Dan Gus get the 378th District Court appointment, I will not run/write/video/broadcast a single negative thing about any one of you guys ------------------------------ unless it's bought. (In other words, if someone pays me $1,000 to throw up an entire Web site devoted to judicial corruption, I'll do it, but other than that, nada.)
I want this to be taken seriously...I will voluntarily lower my guns and store them someplace else (guns=keyboard, pen) if you guys get Gov. Perry to appoint Gun to this spot.
2) I'll even vote for Perry in November if it looks like Gus will get the spot.
Now, no one has to affirm anything to me, either publicly or privately. Just get this appointment done, and you won't have to worry about me beating anyone else to death via the blog --- again, unless someone buys the advertising for it.
After getting rid of Knize, I've got some leverage to play around with...but I'm serious...appoint Gus and you won't have anything else to worry about.
Because Scoggins ran for, and got nominated to, the Tenth Court of Appeals bench in Waco on March 2 (defeating incumbent Felipe Reyna, R-Waco), he will leave a vacancy in the 378th District Court seat, which is primarily the divorce/family district court. Good riddance to Scoggins on Jan. 1, 2011, but hello to the excitement that will be the energy behind who Gov. Rick Perry (should he survive a Nov. 2 re-election challenge this fall) will choose to replace Scoggins and thus fill the remainder of his term.
Gus is a high-profile lawyer from Red Oak who works in Dallas, and Wilkinson is a liberal Republican with age working against him. He's reportedly in his 70s, and that's awfully old to be filling a district court seat. The 378th was created by George W. Bush's pen in 1995, at which Scoggins was then appointed, where he has served (unopposed) ever since.
Dan Gus is the reason we will no longer have 40th District Court Judge Gene Knize, R-Ennis, swearing an oath on Jan. 1. Dan filed to run against Knize, which prompted Knize and his family to say, "hell no, we aren't going to let Joey Dauben destroy us like he did four years ago through his blog." That is not an exact quote, but that's exactly what the message was...
Bob Carroll, the former Court at Law No. 1 judge who was at the time running for Ellis County judge against Carol Bush, abruptly switched races and filed against Gus, who then was joined by Wilkinson and Cindy Ermatinger, a Midlothian defense lawyer who lost to Carroll in the 40th District run-off on April 13.
Carroll is reportedly friends with former County Judge Chad Adams again, who is also friends with Gov. Perry. Perry makes the appointment, so odds are, whoever lobbies Adams the strongest will then have Perry's ear.
I will make a very strong agreement here today:
1) If you guys out there in lawyer-la-la land help Dan Gus get the 378th District Court appointment, I will not run/write/video/broadcast a single negative thing about any one of you guys ------------------------------ unless it's bought. (In other words, if someone pays me $1,000 to throw up an entire Web site devoted to judicial corruption, I'll do it, but other than that, nada.)
I want this to be taken seriously...I will voluntarily lower my guns and store them someplace else (guns=keyboard, pen) if you guys get Gov. Perry to appoint Gun to this spot.
2) I'll even vote for Perry in November if it looks like Gus will get the spot.
Now, no one has to affirm anything to me, either publicly or privately. Just get this appointment done, and you won't have to worry about me beating anyone else to death via the blog --- again, unless someone buys the advertising for it.
After getting rid of Knize, I've got some leverage to play around with...but I'm serious...appoint Gus and you won't have anything else to worry about.
domingo, 20 de junio de 2010
Newspaper Publisher/Blogger Sues Combine, Texas Over False Imprisonment
As was reported Friday, a lawsuit was filed against the City of Combine, Texas in Kaufman County district court pertaining to the false imprisonment of The Ellis County Observer publisher Joey G. Dauben, who at the time of his illegal search and seizure and arrest, was the publisher of The Plymouth, N.H. Review newspaper (the search and seizures, confiscation of computer/camera equipment were violations of journalist shield laws.) Dauben was arrested for publishing a mug shot of an arrested Combine reserve officer (William Achey) on his blog; he was accused of committing felonies for receiving the anonymous e-mail and publishing the mug shot. Charges against Dauben were rejected by Dallas County prosecutors, not dropped. Dauben served 12 days in jail - falsely - from Sept. 14 to Sept. 25, in North Haverill, N.H., in Grafton County (Dauben's apartment in Plymouth was located 35 minutes away.) After Dauben's release, which came six days after Dallas County rejected the charges but still left him in jail, he moved back to Ellis County. Shortly thereafter, Combine Chief Steve Allen resigned, as did others (see below.)
A letter released recently from a Dallas County constable accuses Combine police detective (who was a volunteer reserve officer who coordinated the entire "investigation" and arrest of Dauben) John Allen "Jay" Hoskins of official oppression, among other things.Hoskins later resigned, as did the city secretary. Hoskins later alleged that Chief Allen and now-Chief Brian Robinson led the entire investigation and arrest, and vice versa.
Click Here to View a Full Version of this Letter: i824.photobucket.com/albums/zz163/thepalmerpost/Picture2-1.jpg
(Hoskins is reportedly living hiding in Paris, Texas now)
Archived Stories/Articles/Editorials on the Combine situation: CrookedCombine.com & GypsyCopJay.com
A letter released recently from a Dallas County constable accuses Combine police detective (who was a volunteer reserve officer who coordinated the entire "investigation" and arrest of Dauben) John Allen "Jay" Hoskins of official oppression, among other things.Hoskins later resigned, as did the city secretary. Hoskins later alleged that Chief Allen and now-Chief Brian Robinson led the entire investigation and arrest, and vice versa.
Click Here to View a Full Version of this Letter: i824.photobucket.com/albums/zz163/thepalmerpost/Picture2-1.jpg
(Hoskins is reportedly living hiding in Paris, Texas now)
Archived Stories/Articles/Editorials on the Combine situation: CrookedCombine.com & GypsyCopJay.com
lunes, 7 de junio de 2010
Gun (Control) Free Zones? A Q&A w/a Local Police Chief Over ISD Gun Laws
Rather than wait until the print-edition of The Palmer Post is out, I thought this would be a good way to spark a discussion and get people's opinions...please specify if you do not want your answers included in the June 14 issue of the paper, though.
Palmer Police Chief John Zaidle Q&A: Gun Laws in School Zones
As a matter of public discourse, The Palmer Post publisher Joey G. Dauben proposed a question to both Palmer Police Chief John Zaidle and Palmer ISD. This question and answer interview is designed to spark independent thinking, judgment and public dialogue.
Question: Some guys at Lee's Gun Repair and I were discussing gun laws, and they brought up something that got me thinking...First, where do those PISD school zone zero-tolerance policies/laws/etc. stop? Do they extend to and over FM 813 or Jefferson Street or Dick Street, or is it just the property that PISD owns? Second, the item of discussion was that in theory, Palmer police could pull over a parent on the shoulder of say, 813, and spot a gun and therefore, the gun would be in violation of the zero-tolerance policy. Or if the police pulled over anyone and they were to drive onto school property in say, a parking lot, the theory went, the rifle in the back window could be in violation of the school zone policy. My intent with these questions is to clear up some of the "rumors" about the gun laws, and inform and educate the public as to what the zero-tolerance policy is on guns.
Chief Zaidle: As with so much of our body of laws, things are not very clear and can be quite confusing. Many times in my law enforcement duties, I am forced to make an educated guess as to what the law currently is, and advise individuals as best I can while trying to navigate them through the mine fields of American Laws. Why do you think we call the decisions of appellate courts "opinions"? Their opinion is not necessarily right, or better than mine or yours. It's just their opinion. Look at all the cases that get reversed; each and every one means that some judge was wrong about the law. Here is the state of things as of now: The Federal Gun Free School Zones Act was re-enacted a few years ago. This law makes it illegal to possess any gun with in 1000 feet of any piece of property that is used by a school. It is vague. Does it cover office space rented out in an office building by the administration of our local school district? What if they rent out a room in a nondescript building for monthly meetings of a school-sponsored activity group? What about home schools? It's all very messy and unclear and there are no easy answers. Until someone gets prosecuted and fights it will we get any judicial "opinions" on what is legal or not under this law. The stated exceptions are for guns possessed in your home, CHL's, and guns unloaded and locked in a container. One must also realize that federal laws are not often enforced. Many local police often will not alert federal authorities to violations of federal laws. Even when they do, the US Attorney's office, often does not trouble itself with prosecuting them. Remember, reliance upon police agencies (or even their attorneys') "opinions" on the law is NO defense if a court disagrees with that opinion. We are all presumed to "know the law" and ignorance thereof is no excuse. This doctrine worked fine in the days when laws were few and simple. Not so today. Not even lawyers and courts can agree on what the law is. As regards our state's 300 foot gun free school zone law, it applies only to handguns, and it excepts CHL's. So, possession of a handgun in your car as you drive to the gun range on a Saturday past an unmarked building where after-school activities are conducted on Wednesdays may still land you in jail and punishable for a felony. Not likely, but possible. Under the law as it is now, "premises" is defined to exclude driveways and parking lots. So a CHL can carry in those places. I hope this helps.
Palmer Police Chief John Zaidle Q&A: Gun Laws in School Zones
As a matter of public discourse, The Palmer Post publisher Joey G. Dauben proposed a question to both Palmer Police Chief John Zaidle and Palmer ISD. This question and answer interview is designed to spark independent thinking, judgment and public dialogue.
Question: Some guys at Lee's Gun Repair and I were discussing gun laws, and they brought up something that got me thinking...First, where do those PISD school zone zero-tolerance policies/laws/etc. stop? Do they extend to and over FM 813 or Jefferson Street or Dick Street, or is it just the property that PISD owns? Second, the item of discussion was that in theory, Palmer police could pull over a parent on the shoulder of say, 813, and spot a gun and therefore, the gun would be in violation of the zero-tolerance policy. Or if the police pulled over anyone and they were to drive onto school property in say, a parking lot, the theory went, the rifle in the back window could be in violation of the school zone policy. My intent with these questions is to clear up some of the "rumors" about the gun laws, and inform and educate the public as to what the zero-tolerance policy is on guns.
Chief Zaidle: As with so much of our body of laws, things are not very clear and can be quite confusing. Many times in my law enforcement duties, I am forced to make an educated guess as to what the law currently is, and advise individuals as best I can while trying to navigate them through the mine fields of American Laws. Why do you think we call the decisions of appellate courts "opinions"? Their opinion is not necessarily right, or better than mine or yours. It's just their opinion. Look at all the cases that get reversed; each and every one means that some judge was wrong about the law. Here is the state of things as of now: The Federal Gun Free School Zones Act was re-enacted a few years ago. This law makes it illegal to possess any gun with in 1000 feet of any piece of property that is used by a school. It is vague. Does it cover office space rented out in an office building by the administration of our local school district? What if they rent out a room in a nondescript building for monthly meetings of a school-sponsored activity group? What about home schools? It's all very messy and unclear and there are no easy answers. Until someone gets prosecuted and fights it will we get any judicial "opinions" on what is legal or not under this law. The stated exceptions are for guns possessed in your home, CHL's, and guns unloaded and locked in a container. One must also realize that federal laws are not often enforced. Many local police often will not alert federal authorities to violations of federal laws. Even when they do, the US Attorney's office, often does not trouble itself with prosecuting them. Remember, reliance upon police agencies (or even their attorneys') "opinions" on the law is NO defense if a court disagrees with that opinion. We are all presumed to "know the law" and ignorance thereof is no excuse. This doctrine worked fine in the days when laws were few and simple. Not so today. Not even lawyers and courts can agree on what the law is. As regards our state's 300 foot gun free school zone law, it applies only to handguns, and it excepts CHL's. So, possession of a handgun in your car as you drive to the gun range on a Saturday past an unmarked building where after-school activities are conducted on Wednesdays may still land you in jail and punishable for a felony. Not likely, but possible. Under the law as it is now, "premises" is defined to exclude driveways and parking lots. So a CHL can carry in those places. I hope this helps.
viernes, 4 de junio de 2010
Victory! | Accused of Child Molestation, Ellis County Man to Come Home a Free Man
This is the news that I have been keeping withheld until I got the green light from Sharon Southers-Allen, whom I have met more than once in the years she has fought like hell to free her brother. I would like to share this latest great news from Sharon, but rather than put it in a Comment, it deserves its own post.
Tonight's radio program will be dedicated to Sharon and her brother, and the proof that those falsely accused (count me as one of those, too) can and will be released from bondage, and those that put them there be put to shame:
FYI: EllisCountyRadio.com
9:30 p.m. CST -- LIVE!
Call-In Number: 646-478-5811
Many of you will roll your eyes upon seeing my statement regarding this travesty! Many of you know my name and my cause. My brother Steve K. Steffey was falsely accused, of this crime. We abhor any form of abuse. Be it verbal, mental, even negligence is abuse, but physical, above all sexual is the worst! Every pervert belongs in prison! Especially those in high places, hiding under their friends in position to keep them loose! I too want to see this racket busted and the guilty behind bars for life!
We fought until we were broke, in excess of $100,000.00 and still counting. I have been seen as a sister just wanting her brother free, but what you don’t know, is because he is 100% innocent and all involved are well aware of this! He was railroaded by a corrupt lawyer, DA Joe Grubbs, Mary Lou Shipley, and D. Avery, as well as H/S’s Patti Stovall and James Spivey, just to name a few. He was coerced into a damn DA Plea, under a lie. Nine years later, he was sentenced to 20 years for sending a Birthday card and still refusing to confess to a crime he never committed. No evidence at all, just forgeries, errors and state and Federal laws were violated in order to get rid of him, because he became such a threat to the above mentioned!
I have written many nasty things to those involved and accusations, but I am blessed to back up all my statements. Now, I am proud to announce, my brother is due home any day now.
I want to think Joey Daubin, Rodney Pat Ramsey, Todd Phillippi, Ken Halverson, Dan Altman, Senator John Cornyn and Attorney General Greg Abbott, for all their support and friendship
and encouragement. No thanks to former Judge Chad Adams. Above all, I give the glory to God almighty! I always knew He had the plan and the timing, knowing how He hates corruption and injustice. I also wish to thank the many citizens down there that believed me and supported me. To all those that called me or E-mailed me your own horror stories. I am still praying for you all! Your day is coming too, so do not lose faith! The “Cowboys,” are going down!
I left out some names so as to protect them from any future problems. Let me be clear, I never paid a dime to those that stood by me! Nor accepted any free professinal advice!
I say go after the animals, if they are truly guity. Mere accusations are not enough. God knows, I know how easy that is. So, if they are guilty, get them behind bars ASAP.
Love in Christ,
Sharon Southers-Allen
Tonight's radio program will be dedicated to Sharon and her brother, and the proof that those falsely accused (count me as one of those, too) can and will be released from bondage, and those that put them there be put to shame:
FYI: EllisCountyRadio.com
9:30 p.m. CST -- LIVE!
Call-In Number: 646-478-5811
Many of you will roll your eyes upon seeing my statement regarding this travesty! Many of you know my name and my cause. My brother Steve K. Steffey was falsely accused, of this crime. We abhor any form of abuse. Be it verbal, mental, even negligence is abuse, but physical, above all sexual is the worst! Every pervert belongs in prison! Especially those in high places, hiding under their friends in position to keep them loose! I too want to see this racket busted and the guilty behind bars for life!
We fought until we were broke, in excess of $100,000.00 and still counting. I have been seen as a sister just wanting her brother free, but what you don’t know, is because he is 100% innocent and all involved are well aware of this! He was railroaded by a corrupt lawyer, DA Joe Grubbs, Mary Lou Shipley, and D. Avery, as well as H/S’s Patti Stovall and James Spivey, just to name a few. He was coerced into a damn DA Plea, under a lie. Nine years later, he was sentenced to 20 years for sending a Birthday card and still refusing to confess to a crime he never committed. No evidence at all, just forgeries, errors and state and Federal laws were violated in order to get rid of him, because he became such a threat to the above mentioned!
I have written many nasty things to those involved and accusations, but I am blessed to back up all my statements. Now, I am proud to announce, my brother is due home any day now.
I want to think Joey Daubin, Rodney Pat Ramsey, Todd Phillippi, Ken Halverson, Dan Altman, Senator John Cornyn and Attorney General Greg Abbott, for all their support and friendship
and encouragement. No thanks to former Judge Chad Adams. Above all, I give the glory to God almighty! I always knew He had the plan and the timing, knowing how He hates corruption and injustice. I also wish to thank the many citizens down there that believed me and supported me. To all those that called me or E-mailed me your own horror stories. I am still praying for you all! Your day is coming too, so do not lose faith! The “Cowboys,” are going down!
I left out some names so as to protect them from any future problems. Let me be clear, I never paid a dime to those that stood by me! Nor accepted any free professinal advice!
I say go after the animals, if they are truly guity. Mere accusations are not enough. God knows, I know how easy that is. So, if they are guilty, get them behind bars ASAP.
Love in Christ,
Sharon Southers-Allen
jueves, 3 de junio de 2010
Ellis County | New Courts Building Christened; Somewhere, Al Cornelius is Crying
Al Cornelius, the former county judge ('98-'02) who gave us the Pink Elephant (the former justice center that had to be razed...passed with a tax anticipation note after voters rejected it at the polls), now lives in Oregon, and he left town as soon as he was done screwing us over and over again...may he look to this new courts building with shame...and one day, judgment will come to him for his and his commissioners' court misdeeds.
Prepared by: Ellis County Communications
101 W. Main Street
Waxahachie, TX 75165
Contact: Diana Buckley, 972-825-5087, Diana.Buckley@co.ellis.tx.us
Grand Opening Celebrated
County officials and employees and members of the public gathered this afternoon to celebrate the opening of the County’s new courts and administration building, county jail expansion, and the City of Waxahachie’s new parking garage.
“I’d like to extend a warm welcome to the various mayors, city councilmen, elected officials from around the county, law enforcement, and each and every one of you who has chosen to celebrate this momentous occasion,” said County Judge Carol Bush. “What an honor and a privilege it is for me to be standing here today hosting the dedication of the new Ellis County Courts Administration building, the new Waxahachie Parking Garage, and our jail expansion.”
After a moving invocation by County and District Attorney Joe Grubbs, in which he recognized that there is no authority except from God and asked that each person in authority be possessed of humility and a servant’s attitude, Waxahachie High School Senior Camille Spooner sang the national anthem while onlookers turned toward a U.S. flag that has flown over the nation’s capitol, provided by Congressman Joe Barton.
On behalf of the Commissioners’ Court, Bush went on to extend thanks to the many individuals who have worked together over the last few years to get to this point, beginning with the Facilities Committee appointed by the Court several years ago to study the issue.
“They gave their time, energy, and thick skins and without them, truly, we would not be here today,” Bush said.
Members of the original Facilities Committee included Don Frisbee, Dave Risinger, Larry Burns, Jon Davis, and the late Joe Bob Wilson. Commissioners Ron Brown, pct. 4, and Heath Sims, pct. 3, also served on the committee, which worked with then County Planner Clyde Melick and County Engineer Joe White to assess the condition and functionality of existing county facilities and, as Bush said, “chart a course” for the county.
Bush applauded the “Vote Yes” Committee, a self-organized group of concerned citizens who volunteered to educate the community on the need for the new facilities and the sale of bonds necessary to fund the project. This group included Larry Burns, Harold Nolte, Ron Langenheder, Melissa and Lane Ballard, and Mark Singleton, along with many others who worked with them. Following the passing of the bond package, the Commissioners’ Court appointed a Citizens’ Bond Oversight Committee, chaired by Roy Orr. Members of the Oversight Committee included Cathy Altman, Cheree´ Barrett, Jimmy Boon, Larry Burns, Ken Chambers, Albert Garcia, Scott Jackson, John Knight, Bill Lewis, James Moon, Charlie Morton, Tommy Rossa, John Tabor, John Wyckoff, and Doug Young.
Bush also recognized the leadership of former County Judge Chad Adams and former Sheriff Ray Stewart, and extended her thanks to numerous county and city employees for their part in the years-long effort. Architects, designers, construction managers, and Jones Lang LaSalle Vice President Jon Vidaurri also received the Judge’s thanks and praise for their superior work.
“I want to give special recognition to one County employee who has orchestrated this entire project from its inception. He is the personification of public service,” Bush said, speaking of County Engineer Joe White. “Although I know that this is embarrassing him terribly to be singled out this way, it would be wrong of me to give him a cursory mention. He has dedicated himself to this project and has given his expertise, sacrificed blood, sweat and maybe even a few tears, not to mention probably his dark hair to seeing this become a reality.”
In closing, Bush spoke of the building at her back as “the new girl in town.”
“She is making her debut today. With her 102,000 square feet firmly planted on a solid foundation, I imagine her giving a nod of deference and then a jaunty grin to the red sandstone and granite matriarch across the way, acknowledging the obligations her predecessor has borne alone, and eager to prove herself worthy to share the load. It is a great day for Ellis County, and we should be celebrating for the next 100 years.”
Waxahachie City Manager Paul Stevens took a few moments at the podium to give a brief history of the project and the collaboration between city and county, closing with a quote from Winston Churchill, “We shape our buildings; thereafter, they shape us.”
It was then that Bush introduced the surprise guest speaker who had been waiting inside the building: Dallas Cowboys great Roger Staubach. As chief executive of the Staubach Company and now Jones Lang LaSalle, following a merger, Staubach said he is proud to have been part of the team that did such a good job for Ellis County.
“I think you should take a tour of your new facility,” Bush said in closing. “Pat yourself on the back. Come take a look.”
Various county offices are in the process of moving into the facility, with completion scheduled for mid June. Citizens are urged to call ahead when planning to do business with the county in order to avoid unnecessary inconvenience, as some offices may be closed briefly to carry out an efficient move.
Diana Buckley
Ellis County Human Services
972-825-5085
Prepared by: Ellis County Communications
101 W. Main Street
Waxahachie, TX 75165
Contact: Diana Buckley, 972-825-5087, Diana.Buckley@co.ellis.tx.us
Grand Opening Celebrated
County officials and employees and members of the public gathered this afternoon to celebrate the opening of the County’s new courts and administration building, county jail expansion, and the City of Waxahachie’s new parking garage.
“I’d like to extend a warm welcome to the various mayors, city councilmen, elected officials from around the county, law enforcement, and each and every one of you who has chosen to celebrate this momentous occasion,” said County Judge Carol Bush. “What an honor and a privilege it is for me to be standing here today hosting the dedication of the new Ellis County Courts Administration building, the new Waxahachie Parking Garage, and our jail expansion.”
After a moving invocation by County and District Attorney Joe Grubbs, in which he recognized that there is no authority except from God and asked that each person in authority be possessed of humility and a servant’s attitude, Waxahachie High School Senior Camille Spooner sang the national anthem while onlookers turned toward a U.S. flag that has flown over the nation’s capitol, provided by Congressman Joe Barton.
On behalf of the Commissioners’ Court, Bush went on to extend thanks to the many individuals who have worked together over the last few years to get to this point, beginning with the Facilities Committee appointed by the Court several years ago to study the issue.
“They gave their time, energy, and thick skins and without them, truly, we would not be here today,” Bush said.
Members of the original Facilities Committee included Don Frisbee, Dave Risinger, Larry Burns, Jon Davis, and the late Joe Bob Wilson. Commissioners Ron Brown, pct. 4, and Heath Sims, pct. 3, also served on the committee, which worked with then County Planner Clyde Melick and County Engineer Joe White to assess the condition and functionality of existing county facilities and, as Bush said, “chart a course” for the county.
Bush applauded the “Vote Yes” Committee, a self-organized group of concerned citizens who volunteered to educate the community on the need for the new facilities and the sale of bonds necessary to fund the project. This group included Larry Burns, Harold Nolte, Ron Langenheder, Melissa and Lane Ballard, and Mark Singleton, along with many others who worked with them. Following the passing of the bond package, the Commissioners’ Court appointed a Citizens’ Bond Oversight Committee, chaired by Roy Orr. Members of the Oversight Committee included Cathy Altman, Cheree´ Barrett, Jimmy Boon, Larry Burns, Ken Chambers, Albert Garcia, Scott Jackson, John Knight, Bill Lewis, James Moon, Charlie Morton, Tommy Rossa, John Tabor, John Wyckoff, and Doug Young.
Bush also recognized the leadership of former County Judge Chad Adams and former Sheriff Ray Stewart, and extended her thanks to numerous county and city employees for their part in the years-long effort. Architects, designers, construction managers, and Jones Lang LaSalle Vice President Jon Vidaurri also received the Judge’s thanks and praise for their superior work.
“I want to give special recognition to one County employee who has orchestrated this entire project from its inception. He is the personification of public service,” Bush said, speaking of County Engineer Joe White. “Although I know that this is embarrassing him terribly to be singled out this way, it would be wrong of me to give him a cursory mention. He has dedicated himself to this project and has given his expertise, sacrificed blood, sweat and maybe even a few tears, not to mention probably his dark hair to seeing this become a reality.”
In closing, Bush spoke of the building at her back as “the new girl in town.”
“She is making her debut today. With her 102,000 square feet firmly planted on a solid foundation, I imagine her giving a nod of deference and then a jaunty grin to the red sandstone and granite matriarch across the way, acknowledging the obligations her predecessor has borne alone, and eager to prove herself worthy to share the load. It is a great day for Ellis County, and we should be celebrating for the next 100 years.”
Waxahachie City Manager Paul Stevens took a few moments at the podium to give a brief history of the project and the collaboration between city and county, closing with a quote from Winston Churchill, “We shape our buildings; thereafter, they shape us.”
It was then that Bush introduced the surprise guest speaker who had been waiting inside the building: Dallas Cowboys great Roger Staubach. As chief executive of the Staubach Company and now Jones Lang LaSalle, following a merger, Staubach said he is proud to have been part of the team that did such a good job for Ellis County.
“I think you should take a tour of your new facility,” Bush said in closing. “Pat yourself on the back. Come take a look.”
Various county offices are in the process of moving into the facility, with completion scheduled for mid June. Citizens are urged to call ahead when planning to do business with the county in order to avoid unnecessary inconvenience, as some offices may be closed briefly to carry out an efficient move.
Diana Buckley
Ellis County Human Services
972-825-5085
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