Showing posts with label Elmer Beckworth Jr. Show all posts
Showing posts with label Elmer Beckworth Jr. Show all posts

Saturday, February 4, 2023

Murdering drug snitches turn state's evidence- Part 1

 

 

Capital murder suspect Dylan Welch from Jacksonville, TX gets to live to tell his tale the way it was told to him.

New Summerfield, TX: 

Friday February 3, 2023 - Cherokee County District Attorney Elmer Beckworth announced he would not be seeking the death penalty for Dylan Welch, one of the three defendants from the July 21, 2021 quadruple murder of four New Summerfield residents. (Source: CBS 19) Beckworth was able to flip his favorite of the three currently incarcerated homicide suspects by taking lethal injection off the table and getting the Dylan Welch defense team the most sober court appointed attorney on the Rusk square. Welch will be testifying against fellow drug informants Jesse Pawlowski and Billy Phillips, who both remain eligible for capital punishment. Until one of them admits to only driving the stolen getaway car. (Source: Prosecution will not seek death penalty for 1 of 3 Cherokee County quadruple homicide suspects, KETK)

Stolen 2017 Dodge Challenger (Source: Daily Progress)

 

Cherokee County DA office meets their murder case quota by releasing violent drug offenders.

From July 2021 - Three career criminals in Jacksonville, TX have been arrested and charged with the capital murder of four residents in nearby New Summerfield, TX. The bodies of John Clinton, Jeff Gerla, Ami Hickey, and Amanda Barnes were found in a home in the 1600 block of Hwy 101 N. (Source: CBS 19) The three suspects have avoided past prosecution and tough sentencing by agreeing to be confidential informants for Cherokee County law enforcement. All three have been arrested and released for similar crimes in the last few years, despite being on Supervised Probation.

Left to Right : Jesse James Pawlowski age 20, Dylan Welch age 21, and Billy Dean Phillips age 37 (Source: KLTV)

 

Jesse Pawlowski and Dylan Welch both have probated burglary convictions buried in the 2nd Judicial District court; absconding sex offender Billy Phillips was arrested by Jacksonville Police and released 2 weeks prior to the killings. Pawlowski was reported to have been in an polyamorous relationship with two of the victims. The Cherokee County Sheriff Department issued a statement concluding the killings resulted in a dispute over "guns and clothes," not mentioning the extensive drug use and stolen 2017 Dodge Challenger that led to their arrests. Sheriff Dickson's version of events excluded that all three had been in and out of Cherokee County custody while escalating their crime sprees. (Source: KETK)

Wednesday, January 18, 2023

Cherokee County's chickens come home to roost

It is Cherokee County's policing policy to catch and release drug addicts and violent criminals to bolster their counterfeit crime statistics for federal funding.

Prison ministries are used by the District Attorney's office to recruit sex offenders to sit on Cherokee County jury pools. Local drug addicts are shuffled into worthless treatment programs so the State can be hourly billed for nonexistent rehabilitation. They get arrested and re-arrested all the time but very rarely see the inside of a courtroom. Friendly neighborhood potheads who could easily be picked up at the Treatment Center for failing their urinalysis, often get their parties crashed by the Po Po during election cycles. Resident crackheads are caught and released with no bail to encourage them to escalate their crime sprees. What results is a show of force by small town police units for news cameras, while chicken shit prosecutors pretend to enforce the law.

Police tank vs. mobile home

 

Jacksonville, TX : 1/17/23 SWAT standoff with resident drug addicts hiding a stolen gun (Source: Barricaded man taken into custody by SWAT team in Cherokee County, KETK)

 

Lionel Charles, Jr. is such a threat to SWAT, they him released 4 times in 2022 without setting bail.

Lionel Joseph Charles Jr., 34, was arrested for drug possession and released WITH NO BOND in Cherokee County on four separate occasions in the last year alone. On January 17, 2023, he barricaded himself in a mobile home during a SWAT raid in Jacksonville, TX. Prior to that he had been arrested and released on multiple marijuana, crack cocaine, theft, and credit card abuse charges.

Lionel Charles has been in and out of drug offenders programs, courtesy of Cherokee County taxpayers and the 2nd Judicial District Court.

Criminal Docket Case 20217 ; FORGERY FINANCIAL INSTRUMENT ELDERLY
THE STATE OF TEXAS vs CHARLES, LIONEL JOSEPH JR
Filed 10/24/2016 - Disposition: 01/19/2017 Deferred adjudication
2nd District Court, Cherokee County, Texas

Criminal Docket Case 20218 ; UNAUTH USE OF VEHICLE
THE STATE OF TEXAS vs CHARLES, LIONEL JOSEPH JR
Filed 10/24/2016 - Disposition: 01/17/2017 Deferred adjudication
2nd District Court, Cherokee County, Texas

Criminal Docket; Case 20219 ; POSS CS PG 1 <1G
THE STATE OF TEXAS vs CHARLES, LIONEL JOSEPH JR
Filed 10/24/2016 - Disposition: 01/19/2017 Deferred adjudication
2nd District Court, Cherokee County, Texas

Criminal Docket; Case 21256 ; CREDIT CARD OR DEBIT CARD ABUSE
THE STATE OF TEXAS vs CHARLES, LIONEL JOSEPH JR
Filed 09/12/2019 - Disposition: 11/06/2019 Conviction-guilty plea or nolo cont-no jury
2nd District Court, Cherokee County, Texas

Criminal Docket; Case 22188 ; UNKNOWN
THE STATE OF TEXAS vs CHARLES, LIONEL JOSEPH JR
Filed 08/29/2022 - Disposition:
2nd District Court, Cherokee County, Texas

Cherokee County releases drug addicts and thieves without bond so they can be followed around town.

Jail records prove Lionel Charles was released unconditionally on his own recognizance (OR) the last four times he was busted, so he could reoffend and lead authorities to the next neighborhood crack house sting. This most recent Jan. 17, 2023 raid was conducted by the Jacksonville Police Department; a stolen firearm and other property were recovered without incident. Jacksonville resident Patrick Long was also arrested for the Gun Theft. (Source: Officials identify suspect involved in SWAT standoff in Cherokee County, KLTV)

Patrick Ryan Long,  aka "Junior," "Big Bad Wolf," and "Fat Pat" 1/17/23 

"Hurry up and go steal something, boy!" 

Patrick Long had just been released on theft charges back in September 2022 with no recorded Bond. Despite multiple arrests by Jacksonville PD, many of his charges have never been prosecuted by the district attorney. The county gets to bill for similar suspects' never-ending substance abuse rehab, who dons such colorful nicknames for the staff.

09/16/2022 -THEFT PROP >= $2,500 < $30K; released no Bond
09/16/2019 - Terroristic threat against family member; Bond: $2500
06/19/2019 - Assault family violence; Bond: $2000
03/08/2019 - Assault Class C; released no Bond
09/13/2018 - Burglary Of Habitation; bond: $30000
08/02/2018 - Assault Peace Officer/ Resist arrest; Bond: $22000
01/08/2018 - Assault Peace Officer/ Resist arrest / threaten family violence; Bond: $22000
09/30/2016 - Discharge of firearm in city limits; citation
04/06/2016 - Terroristic threat; Bond: $1500
07/03/2015 - POSS MARIJ < 2OZ; Bond: $1000
09/04/2010 - charges reduced to Class C misdemeanor
09/13/2006 - POSS MARIJ < 2OZ; Bond: $750
04/21/2004 - Disorderly conduct/ Drug Paraph/ Traffic exhibition accel - released 

 (Courtesy: texas.arrests.org)

As a footnote, another violent drug spree with hostages and SWAT took place Tuesday, January 24, 2023 in southern Cherokee County. Three local drug addicts with long criminal histories were arrested for attempting to kidnap residents in a trailer park north of Wells, according to Tyler based media. (Source: 3 arrested in alleged kidnapping, assault in Wells, KETK)

Alice Hayes, Wesley Wallace, and Chad Campbell (courtesy KETK)

Alice Hayes and Wesley Wallace were charged with aggravated kidnapping w/deadly weapon; Chad Campbell was charged for drug possession. The three suspects live in the Wells, TX community. (Source: KLTV) Cherokee County newspapers remain silent on the incident.

 

Such a safe place to raise a family. (Source KLTV)

Sunday, May 20, 2018

Is there a serial killer sitting in the Rusk, TX jail for a few weeks?

 

Larry Pugh


Offender Name: Larry Max Pugh, Jr.
Custody Status: In Custody
Age: 45
Location: CHEROKEE COUNTY JAIL
Race: White
Offender ID: 18051113362144
Gender: Male
Date of Birth: 10/18/1972
Aliases: Larry Pugh

Cherokee County, TX:
Former City of Jacksonville police officer and accused serial rapist Larry Pugh is back in town for the next few weeks doing a short stint in the county jail. According to the Daily Progress and reports from the district attorney himself, Pugh has completed his federal sentence and can quietly sit out Elmer Beckworth’s 2006 “assault with a deadly weapon” charge through August, courtesy of the Rusk, Texas jail.

Pugh's "assault" crime: trying to kidnap and murder a woman in a makeshift police van before she could testify in federal court about being raped at gunpoint in the Jacksonville City Cemetery.  The deadly weapon: a belt around her neck and his service revolver. (Source: Daily Progress)

No mention of the $300,000 civil suit settlement the City of Jacksonville was facing from nine (9) different women who were also raped on the side of the road by Officer Pugh while he was on duty. (Source: US Court of Appeals Fifth Circuit) If Pugh were brought up on actual murder charges, then the Federal Courts, the FBI and the City of Jacksonville would be proven "deliberately indifferent" to the testimony of 25 to 30 witnesses. (Source: KLTV)

The public is supposed to believe the reprinted lie that Larry Pugh tracked down his rape victims by "open records via the Freedom of Information Act" after they filed complaints. The FOIA has denied these reports.  In fact, he was told by investigators the names of those who came forward to testify. They were named in his indictment and went missing before his trial. (Source: The Pugh Connection, KLTV)



Jacksonville Police Officer Larry Pugh

Are the families of missing Jacksonville women going to have closure with the release of former J'ville Police Officer Larry Pugh from federal prison?

Not according to Elmer Beckworth, even though two missing Jacksonville women's remains have been identified as Pugh’s FBI complainants set to testify against him. Why the blasé attitude about a federally convicted rapist and the number one murder suspect? It’s simple: East Texas authorities want to protect the City of Jacksonville from more potential civil right suits and public scrutiny. Elmer Beckworth works with the same Jacksonville law firm that represents the City and County during Pugh's civil rights violation cases. They want his crimes buried the same way they discard his victims. They write them off as "prostitutes" and transient "drug addicts," while reminding us Cherokee County's halfway homes are whorehouses frequented by law enforcement.

Remember: these women went missing AFTER Pugh's indictment and before his trial.

According to the Jacksonville Police Department there is no connection between Pugh and MISSING FBI COMPLAINANT TERRI REYES, even though she is one of several named victims in Pugh's original sex assault indictment. They removed her name after she went "missing" as reported by KLTV to avoid "speculation," i.e. civil rights lawsuits against the city. The US District Court, along with every other incestuous agency in the region would rather bury civil rights violations than have the City of Jacksonville held responsible for their hiring practices. They would rather delete the names of the deceased in the Indictment than close the multiple homicide cases resulting in their cover up.
When Larry Pugh was indicted last February. One of his accusers was an unidentified woman with the initials T.R.  Those are the same initials as Terri Reyes, an Athens woman who went missing last May and whose body was found in the Angelina National Forest in September.
The original indictment against Pugh says he sexually assaulted T.R., depriving her of her constiutional right to liberty and bodily integrity, but in the subsequent indictments, issued after Reyes went missing, T.R. is never mentioned. 
The Nacogdoches attorney in a recent civil lawsuit against Pugh told us by phone he would have called Terri Reyes as a witness in the trial, but she disappeared before he had a chance. (Source: The Pugh Connection: KLTV 7 Investigates)

If they wanted to charge him for the disappearance of federal witnesses, then they would.

 If they wanted to exonerate him, they could do that to.

What Larry Pugh did in 2005 only scratches the surface of the sexual misconduct going on by Cherokee County, TX law enforcement. We have a district attorney’s office that uses the wives and in-laws of investigators to blackmail political rivals and contaminate jury pools.  We have a Sheriff Department that has engaged in illegal wiretapping for decades, with the blessing of federal and DEA agents. A rapist cop is another lowlife they own. Be on the lookout when he moves back in next door to the local brothel shelter.

Pugh has remained a suspect in several missing women’s homicides, even though authorities have tried to keep the cases closed. (Source: KTBS) These possible homicide cases remain 'unsolved' solely because they were witnesses against Pugh.

Reprinted from the Tyler Paper dated June 20, 2014 “Remains identified as 2006 missing person: Woman was possible witness against former J'Ville officer

The remains of a woman who disappeared eight years ago after making outcries of sexual abuse against a former Jacksonville police officer have been found, officials reported on Friday. Skeletal remains of Shunte M. Coleman, who was last seen July 3, 2006, were found on March 12 by a forester in a thickly wooded area in San Augustine County, east of the "T" intersection of Farm-to-Market Road 1196 and County Road 347, officials said Friday in a news release. In 2007, Alvin Boykin talked to the Tyler Morning Telegraph about the day his friend, Ms. Coleman, left his Jacksonville home on foot. He said then that his home was an ad hoc shelter, offered to anyone needing a place to stay.


Shunte M. Coleman

Ms. Coleman, a mother of two, had freely come and gone from his residence — but so had a handful of other women needing a boost. So when Ms. Coleman said she was leaving for a while, Boykin watched her go. She didn't come back. Neither did another frequenter, Terri Renee Troublefield Reyes, who disappeared around the same time as Ms. Coleman. The 38-year-old Athens woman was last seen alive on May 21, 2006, and was found dead and unclothed in Angelina National Forest in fall 2006.


Terri Reyes

The women knew each other from Boykin's home, and both were pinpointed as potential witnesses to testify against former Jacksonville police officer Larry Pugh. In 2006, Pugh was sentenced to 12 years in prison for the sexual assault of women while on duty and retaliating against a woman for reporting the crime. Ms. Coleman and Ms. Reyes both went missing while Pugh was out of jail on bond — between February 2006 and August 2006. In 2007, Pugh pleaded guilty to perjury for lying about sexually assaulting women while on duty. The next year, he was sentenced to 18 months for perjury. He was sued in two additional lawsuits by eight women claiming they also were sexually assaulted by him while he was an officer.





































According to the Federal Bureau of Prisons, Pugh, 41, is incarcerated in Marianna, Florida, in a medium-security federal correctional institution with an adjacent minimum security satellite camp. His release date is listed as May 13, 2018. Shortly after Ms. Reyes' remains were identified through DNA testing in 2007, attorney Curtis Stuckey told the Tyler Morning Telegraph that he might have used Ms. Reyes as a witness in the civil trial, but he never had an opportunity to talk to her because she disappeared. "She had made an outcry" to law enforcement, like several other women, he said. Stuckey represented a 43-year-old Jacksonville woman who was raped and retaliated against by Pugh in a civil lawsuit against the former officer. Stuckey said he also would have been interested in talking to Ms. Coleman as a possible witness against Pugh if she had not disappeared.

San Augustine Sheriff's Office Chief Deputy Gary Cunningham said Friday that at this point, law enforcement cannot connect Pugh to Ms. Coleman's disappearance and death, but officials are not ruling out any potential suspects. He said an active investigation is being continued by the San Augustine County Sheriff's Office, the Texas Rangers and the FBI. The San Augustine County Sheriff's Office, with assistance from the Angelina County Sheriff's Office, the Texas Rangers and the FBI, recovered the remains, which were examined by a forensic anthropologist at Sam Houston State University and then delivered to the University of North Texas Center for Human Identification, where DNA extracted from the remains were entered into the Combined DNA Index System (CODIS), officials said.

On Thursday, the San Augustine County Sheriff's Office and the Jacksonville Police Department were notified that the remains belonged to Ms. Coleman. The woman who won the civil lawsuit against Pugh in 2007 testified in federal court that she was walking one night in March 2005 when Pugh offered her a courtesy ride in his police car. Instead of taking her where she wanted to go, he took her to a dark, empty trailer house. "He raped me," she said crying. "I was too scared to do anything." She said Pugh drove her back to the neighborhood and dropped her off. In August 2006, after Pugh had been indicted on federal charges, the woman was again walking at night when a man in a van who was wearing sunglasses approached and offered her a ride. She said she recognized Pugh's voice and declined. As she walked away, Pugh got out of the vehicle and took his belt off. The two struggled and the victim tried to fight him, but he put his belt around her neck, she said. Pugh began dragging her toward his van and "by the grace of God," the belt snapped and she escaped. The woman admitted she had a criminal record and was fighting a crack addiction, she said. Pugh pleaded guilty to the charges but denied ever having sex with her or any of the other women.

Joe Evans, an investigator for the Cherokee County District Attorney's Office, testified at the time that the plaintiff was the first of many women who made outcries claiming they were sexually assaulted by Pugh. Evans said he talked to 25 to 30 witnesses, including women who claimed they had been raped by Pugh and people they had told, including ministers and police officers, who substantiated their claims. He said the witnesses were from Athens, Tyler and other areas. Evans said Pugh preyed on vulnerable women who lived on the street and had drug or legal problems. One-third of them had pending charges, one-third of them were on parole or probation and one-third of them had no criminal charges, he said.  

Friday, January 13, 2017

County hides court records from State (sex offenders in the jury pool)

efiletxcourtsgov_slider

Child molesters are called to sit on Cherokee County juries.

Recently sworn in elected officials and commissioners are pressuring Austin lawmakers to keep Cherokee County court records off the state-mandated E-filing system. It’s OK for the other 253 counties to upload cases for review; Cherokee County operates in the dark. (Source: Daily Progress 1/12/17) With illegal wiretaps throughout the county, they all know each other's dirty laundry. They also know if they get their brainwashed talking points published in the local newspapers, then they can disregard any law on the books. They can go back to intercepting each other's emails and blackmailing one another.

pay-off

A recent Court of Criminal Appeals order requires counties with populations of 50,000 to implement the mandatory criminal court filings by July 1, 2019. (Source: E-file) According to Cherokee County Clerk Laverne Lusk, it costs too much money to use the Internet to file court records. Secondly, she claims dismissed criminal cases will remain online, even after expungement.
"Our concern is that (since) there will be a fee, it will take revenue away from the county," Lusk said. "It's also a concern that if a case is dismissed and needs to be expunged, that it won't be taken off (completely) from the web." (Source: Daily Progress 1/12/17)
The fact is most E-file legal services cost under $7 per filing or at a monthly rate of $100 for unlimited access. Are Daily Progress readers stupid enough to believe that honest prosecutors prefer to hide their cases in the courthouse basement? Or do they want botched cases to be available only to a select few in Rusk, TX designated to tamper with government documents? It's not that they are sloppy and lazy. They simply want to hide their own collusion and relatives on their stacked juries. They want to cover their tracks and prove the Letter of the Law does not apply to them. Elmer Beckworth does not want the court record readily available to the public that shows the local pedophiles who have been repeatedly seated as Grand Jury foreman. (Source: Jacksonville Progress) It is yet another smoking gun the Attorney General chooses to ignore.

There is some pretty digusting shit being shielded from the public, such as the Harorld "Bo" Scallon network's penchant for sadomasochistic images of young children being tortured, murdered and raped. That never stopped them from serving on Cherokee County grand and petit juries. (Source: Digital Journal) 30 years of pedophiles' court records are sealed in the Rusk, Texas courthouse.

How many child molestation cases did Rusk HS teacher Harold "Bo" Scallon sit on and 'No Bill' before he was busted as a purveyor of underage porn? (Source: North Texas e-News)

download getphoto
(Source: Rusk Cherokeean; TXDPS)

How many times has District Judge Bascom Bentley's signature been forged "by permission" on sex offender orders?

53cbee93f341d-image
(Source: Jacksonville Progress)

It is the responsibility of the County Clerk to report civil and criminal cases accurately and in a timely manner, whether it is a conviction, expungement, or probated will. Even if the Clerk is related to all reported Parties. Cherokee County prefers to lock court cases away from public scrutiny to cover up the makeup of illegal jury pools and the perjury of prosecutors. The same group of people has been called to sit on grand juries for the last 20 years. Civil cases are routinely heard by jurors who have vested conflicts of interest. Some jurors don't even live in the county. Some are pedophiles. Cherokee County officials make their own rules and flout their constitutional responsibilities. Things are apparently back to normal as of January 1st.


Source: LOCAL GOVERNMENT CODE
TITLE 6. RECORDS
SUBTITLE B. COUNTY RECORDS
CHAPTER 191. GENERAL RECORDS PROVISIONS AFFECTING COUNTIES
Sec. 191.001. COUNTY RECORDER; SEAL; GENERAL DUTIES.

Thursday, May 27, 2010

Convictions reaped from planted juries; Sex offender waives cut-and-paste jury trial

Rusk, TX:

A May 17, 2010 article in the Tyler, TX newspaper “Friends, Family Of Suspects Motivated To Testify For Many Reasons” attempts to clarify why East Texas jury trials are stacked with relatives of opposing parties. It is concluded that family members testify against their relatives for a variety of reasons ranging from a sense of civic duty, to ingratiating themselves with law enforcement, to domestic vendettas. No mention of the limited size of untainted jury pools in these rural areas where everyone is related.

In Cherokee County courts, indigent defendants’ family members unwilling to testify are faced with the threat of bogus obstruction charges for not reciting the district attorney’s version of events. They are not as eager to falsely testify against loved ones as the article suggests, especially in the case of capital murder and when the death penalty is in play. Furthermore, the article completely ignores the fact that the District Clerk, via the district attorney’s office, plants the petit juries with relatives of law enforcement and/or alleged ‘victims.’ In Cherokee County this is taken to a whole ‘nother level of corruption by actually placing relatives of State witnesses directly in the jury box. These family jewels are willingly coached to lie during voir dire to feign ignorance of the case, to slip past opposing counsel and be seated. And let’s not forget Cherokee County’s practice of fabricating “friends” of the Defendant who deliver “anonymous” tips to local law enforcement. It’s all smoke and mirrors to cover up illegal phone tapping and perjury, if not a complete fabrication of alleged crimes.

As the Tyler news article attempts to deflect, these “relatives of the defendant” are called into court in order to express intangibly what they “felt in their hearts,” as opposed to what actually happened based upon the tangible physical evidence. This is a tried and true technique of a corrupted Cherokee County judicial system, which is to prosecute criminal cases based upon a preponderance of intangible feelings such as “the crime could have happened,” rather than using tangible evidence proving beyond a reasonable doubt that a crime actually took place. The Tyler News apology piece begins by citing the recent murder conviction of Jessie Smith of Jacksonville, TX in Cherokee County’s 2nd Judicial District Court.
Friends and family testified in the trial of Jessie Smith because they felt "very strongly" that a murder had occurred, Cherokee County District Attorney Elmer Beckworth said. (Source: Tyler Paper, Friends, Family Of Suspects Motivated To Testify For Many Reasons, May 17, 2010)
In other words, hearsay and conjecture are accepted as completely reliable and admissible sources of testimony in Cherokee County. The intention is to get an already partialized jury to falsely convict based on the preponderance of feelings and emotions rather than on bona fide proof beyond a reasonable doubt. Cherokee County’s district attorney concludes by citing a fictitious Rusk jailhouse molestation case that never made it to the newspapers, docket or court records. No facts or fact checking required ‘round here.
Beckworth recalled a 2001 child molestation case in which a defendant was trying to make arrangements with another inmate to kill witnesses who would testify against him. The defendant even drew a map of where he wanted the inmate to go, he said. However, the inmate told authorities about the plot, and the defendant ended up getting a life sentence. (Source: Tyler Paper, Friends, Family Of Suspects Motivated To Testify For Many Reasons, May 17, 2010)
District Attorney Beckworth would lead the readers of the Tyler Morning Telegraph to believe that his own modesty in 2001 kept him from reporting that a [nonexistent] jailhouse informant was given leniency for helping thwart yet another [nonexistent] incarcerated child molester from “murdering” State witnesses for a case he made up on the spot.  As we see time and time again, this is the way the political game is played by backwoods sycophants trying to cover up, for example, the two hundred plus Cherokee County sex offenders put on probation during Beckworth’s tenure.

Jessie Antowan Smith died in prison one year later in May 2011.

Elmer Beckworth and other small town prosecutors are motivated to suborn defendants’ friends, co-workers or loved ones who they think can be easily gulled to voice perjury placed in their mouths by authority figures. As the Smith County prosecutor and defense attorney suggest in the article, favored targets for suborned testimony in a rural setting are the timid, the superstitious, the jealous and the grudge holders; especially those with most favored status with the DA. Cherokee County prosecutors are equally motivated to coerce a friend, co-worker or loved one to turn against the defendant in order to boost charges that do not meet the Texas Penal Code. The Cherokee County district attorney’s office will also trump up charges on those they deem as a threat to the Big Lie, as they did to Randy Kelton and the Robert Fox defense team. They’ll collectively spend more time and taxpayer dollars smear mongering their credible opposition than reviewing the legalities of their caseload.

Cherokee County stands resolute in its tradition of stacking juries with those closest to the case. And if a “friend” or “family member” doesn’t exist to testify against the defendant, then the district attorney's office will conjure one up. Behind closed doors in corrupt Smalltown USA, the grand jury may be presented anonymous letters from a concerned write-in citizen; accusations composed by the district attorney. However, they will not be presented for scrutiny damning evidence of official oppression or countywide petitions demanding investigations into the local corruption.

“See, even this jailbird believes the Defendant is guilty…”

Another prime example of this official misconduct can be found in the Buenka Adams and Richard Cobb capital murder case in which Beckworth and his investigator helped pardon a convicted felon arrested again for possession of a firearm simply for the incarcerated felon's willingness to repeat the district attorney’s talking points at trial. Then with the district attorney himself lying to the Court of Criminal Appeals that a leniency offer in writing never took place for the felon's jailhouse testimony:
Another letter was written by Beckworth on January 10, 2003. Although it was addressed "to whom it may concern," Beckworth testified that it was sent to [the informant’s] parole officer, Roy Shamblin. The letter stated: "Please be advised that this office will not seek prosecution on [the informant] for the offense of Unlawful Possession of Firearm by Felon. If anything further is needed please contact this office."
Beckworth testified that the State did not make any deal with [the informant] regarding his charge for unlawful possession of a firearm by a felon. (Source: AP-74,875 Richard Aaron Cobb, Appellant vs. The State of Texas from Cause No. 15054 in the 2nd District Court Cherokee County)
It was ruled in the Richard Cobb appeal that the deal cut with the jailhouse informant was immaterial because it would not have changed the outcome of the Cobb murder trial. However, the existence of a written leniency agreement signed by District Attorney Elmer Beckworth in exchange for a State Witness’ testimony is exculpatory evidence that should have been disclosed pretrial to defense attorneys. Jacksonville, TX: On May 17, 2010 Jacksonville resident Horacio Gonzalez waived his rights to a jury trial for one count of the aggravated sexual assault of a child and was expeditiously sentenced to 30 years by the 2nd Judicial District judge. Gonzalez, 33, chose to have his case heard by the judge and face the assistant district attorney. For two years Gonzalez successfully avoided Cherokee County’s cookie-cutter jury selection. To confuse and distract further, the Tyler Paper reports Horacio Gonzalez’s residence to be in Houston, rather than his actual habitation in Cherokee County, where the assault occurred along with his past crimes (Source: Tyler Paper, May 25, 2010). According to Gonzalez’s court appointed attorney,
There were two potential findings other than ‘not guilty; one was aggravated sexual assault of a child and the other was indecency with a child. (Source: Jacksonville Daily Progress, May 24, 2010)
The district judge believed there wasn’t enough evidence in April 2009 to convict Gonzalez of exposing himself to the alleged victim, but a year later the district court, minus a jury trial, was convinced a crime did occur. (Source: Cherokee County, TX Criminal Docket; Case 17474 ; INDECENCY W/CHILD; THE STATE OF TEXAS vs GONZALEZ, HORACIO and Case 17369 ; AGG SEXUAL ASSAULT CHILD; THE STATE OF TEXAS vs GONZALEZ, HORACIO)

The month of May wraps up in the usual hackneyed lies, heart-felt testimony and another misleading child molestation case for the Cherokee County, Texas archives. Next month we will examine the Robert Fox civil rights reboot in the Eastern District of Texas filed on May 14, 2010 and the murder for remuneration case in Shelby County.

Sunday, February 7, 2010

Prosecutor wastes taxpayer dollars during Recession


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

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

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



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

Suspect arrested weeks before trooper's shooting

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

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

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

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

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

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

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

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


Michael Harris

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

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


Robert Fox

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

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

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

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

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

Welcome to Pathological Lying 101

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



"I say it, therefore it is."

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

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

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

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

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

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

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

(Source: Jacksonville Daily Progress 2006)

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

Wednesday, January 20, 2010

Director of Adult Probation in Rusk, Texas indicted for public theft. State Rep fined for ethics violations

Rusk, TX:35-year veteran Cherokee County employee and Adult Supervision and Corrections Department director Carl Phillips was recently indicted on charges of theft by a public servant and misappropriation of public funds. The three-count indictment lists thefts of property beginning in 1999 and deliberate destruction of credit card receipts in excess of $20,000 but limited to $100,000. Phillips’ alleged stealing spree was reported in 1999 to, and ignored by, former Cherokee County District Attorney Investigator Randy Hatch according to the article (Source: Tyler Paper December 17, 2009). Ten years later, Cherokee County Sheriff Department investigators revisited the original allegations.

Carl Phillips began his employment with Cherokee County in 1974. The theft of funds was reported again to Phillips' successors after the indictee's 35-year retirement party. Phillips was Cherokee County’s longest employed public servant on record according to friends recusing themselves from pretrial. Friends such as all the district and county judges, the sheriff and every Grand Jury foreman for the last three decades. Notwithstanding his own recusal, good friend and District Attorney Elmer Beckworth predicts a traveling judge will hear the case (Source: Tyler Paper). Obviously not in the local Rusk diner where Phillips, et al might be found sipping ice tea, reminiscing about the good ol’ days and discussing those taxpayer subsidized vacations.


Jacksonville Daily Progress

Carl Phillips (l.) congratulated by current County Judge Chris Davis (r.) for 35 years of excellent public service.

 

House District 11:
Soon after switching parties, former Democrat and now Republican State Rep. Chuck Hopson (R) of Jacksonville has been fined for ethics violations for nondisclosure of political contributions. Rep. Hopson was ordered to pay $2900 in restitution by the Texas Ethics Commission for his campaign being in violation of section 253.032 of the Election Code and section 20.29 of the Ethics Commission Rules. (Source: News-Journal January 13, 2010)

According to the Texas Ethics Commission, Rep. Hopson and his Cherokee County based campaign treasurer

failed to properly report and improperly reimbursed
political expenditures from personal funds, failed to disclose information regarding contributions
from out-of-state political committees, failed to properly disclose total political contributions
maintained, and converted political contributions to personal use.

The Commission continues, that State Representative Hopson (R-Jacksonville):

failed to disclose the payees, payee addresses,
dates, purposes and amounts of political expenditures for mileage made with personal funds
on his 30-day pre-election report for the November 7, 2006, general election, and January
and July semiannual reports for the years 2007 and 2008.

The nine page Order and Resolution can be read at : http://www.ethics.state.tx.us/sworncomp/2008/2809327.pdf

The original complaint can be read at : http://www.texasethicsreport.com/Hopson_TEC_10-1-2008.pdf



Don't forget to read the ongoing corrupt activities in Cherokee County, Texas on Austin's acclaimed Politico "The Burnt Orange Report"

Sunday, December 20, 2009

Agents of prevarication kiss and make up

Deputy Sheriff sends emails falsely claiming police chief is being sued for sexual harassment; public told to forget about it.

Jacksonville, TX/ Rusk, TX:

For argument’s sake, let’s say a high-ranking deputy with the city of Jacksonville police department sends a slew of anonymous emails to East Texas news agencies asking why they aren’t reporting that Cherokee County Sheriff James Campbell is resigning under the pressure of multiple sexual harassment suits. Cherokee County taxpayers should ask themselves if they would witness a ‘kiss and make up’ scenario between those agencies, as the one we’ve just seen painted last week. (Source: Tyler Paper December 19, 2009) Or for the sake of debate, let’s say a lay citizen bombards news outlets with emails falsely claiming Sheriff Campbell is facing lawsuit after lawsuit for sexual harassment in the workplace. In the case of a private citizen making those types of false claims against Sheriff Campbell or Jacksonville police chief Reece Daniel, then the district attorney himself would crawl out from behind his facade of trustworthiness and beat the drums of prosecution. They all would be crowing from the Rusk courthouse steps about how they would hold that individual and his network of allies criminally accountable. With the local media chiming in to fan the flames of criminal/civil action and to pervert the jury pool.

However, the shoe is on the other foot: The outside world got a tiny glimpse last week into the slanderous and lowlife blackmail methods Cherokee County officials employ against each other and their political counterparts. Agencies that routinely share illegally obtained information and work hand-in-hand violating our constitutional rights make for bad bedfellows when one decides to complain to the Texas Attorney General’s office about the other. Or butt heads and embarrass the district attorney, as Chief Reece Daniel did in May of this year when he petitioned against Elmer Beckworth's handling of the Robert Fox charges. (Source: Jacksonville Daily Progress May 3, 2009)

Sheriff James Campbell’s chief detective Chris White, captain for the Cherokee County sheriff’s department, recently sent anonymous emails to various East Texas news agencies claiming Jacksonville police chief Reece Daniel was resigning under the pressure of five (nonexistent) sexual harassment suits. Chief Daniel responded to the libelous accusations with a statement to the local press that the Jacksonville police department would no longer work alongside the Cherokee County Sheriff’s Department until White was reprimanded or fired. Chief Daniel chooses his words carefully in his response to the Sheriff Department’s emailed accusations:

“Chris White told me he had sent the email in retaliation for me refusing to accept a case that originated in Cherokee County that he wanted my detectives to investigate. This is an extremely paltry reason for a law enforcement officer to get angry over and, in my opinion, violate the law. If he will do this to me knowing all the resources I have at my command then I worry about what he might do to an innocent civilian who makes his angry.”
(Source: KLTV December 14, 2009)

Statements like those can never be retracted, even though Chief Daniel has been counseled to sing Sheriff Campbell’s praises, and ignore the Penal Code statutes he himself cites within his complaint to TCLEOSE and in his response to Chris White’s accusations. Cherokee County taxpayers have the right to know why Sheriff Campbell refuses yet again to hold his deputy’s feet to the fire. Detective White’s actions cannot be undone and his anonymous emails (claiming sexual harassment) leave the recipients in those media outlets scratching their heads. How can Cherokee County’s sheriff continue to employ a deputy who retaliates against a fellow officer? What other dirt and mudslinging does the Cherokee County Sheriff’s Department sanction? We know this latest published episode only scratches the surface. The broader intent of the emails was not only designed to smear Reece Daniel, but to frame someone else for sending the emails actually authored and distributed by a Cherokee County Sheriff’s deputy.

Campbell continues his decades-old pattern of unaccountability, even when his highest ranking deputy is caught red-handed emailing libelous content about a local police chief to news agencies. Campbell hides behind his department’s taxpayer supplied attorney rather than acknowledging his own deputy’s guilt. Sheriff Campbell’s statements deny knowledge of the emails’ “content,” but he surely knows his deputy White’s actions are rogue to say the least. (Source: KLTV December 14, 2009)

Instead of hiding behind his lawyers and saying that he knew nothing of the emails’ content, Sheriff Campbell could have taken the honorable route the day Chief Daniel responded to his accusers. Campbell could have made a simple statement that he would not tolerate this level of crap out of any of his employees. Despite the thousands of wasted taxpayers’ dollars and hours he and the Cherokee County newspapers have spent crooning about the county's highest paid Deputy Sheriff. Campbell chose to play word games that he was "unaware" of anything while he remained hidden from comment.

City and County lawyers warn Chief Daniel ‘not to go there’ by pointing out repeatedly that one female employed with the Jacksonville Police Department made one accusation of sexual harassment against the chief in the past. Which resulted in her prompt promotion out of the field and into a higher paying position within Cherokee County law enforcement (thanks to a deal brokered by the current city of Jacksonville attorney). Sources: Jacksonville Daily Progress and Cherokeean Herald December 16, 2009

And they top off yet another of Cherokee County’s notorious lies that the emails are a result of a “personal conflict” between Detective White and Chief Daniel. Then why the use of both a county attorney and the city of Jacksonville attorney for a private pissing match? Sheriff Campbell cannot make a statement to his constituents without an attorney looking over his shoulders and writing his unapologetic smokescreens. These are the questions the local media should be asking before closing the book on this latest installment of sexual blackmail, Cherokee County style. The pattern of unethical behavior is not over; it will continue as long as these people hold office.

There is enough criminal activity and dirt to spread around, so if these guys want to keep their jobs, it is apparent that in their minds, they had better stick together. They will have to continue to feign solidarity during intrajurisdictional disputes and target the innocent people Chief Daniel refers to in his statement. Hopefully, they believe, this sordid little story during the Christmas holidays will disappear from the evening news.

Chief Detective Chris White’s libelous emails about Reece Daniel are not only unethical, they shed light into the modus operandi that has been going on for decades in Cherokee County. Too many of these current public officials are bought and owned by these sexual harassment/ blackmail techniques. A thorough Spring house cleaning is long overdue. Get rid of these corrupt parasites at election or continue to have your taxpayer dollars lining their attorneys’ pockets. Or you can continue to support the vermin while they pay each other off with your hard earned tax dollars. You have just witnessed a microcosm of their unethical universe: a salaried deputy sheriff sending anonymous and inflammatory emails on a County computer in order to deflect media attention onto the police chief of Jacksonville. With the intention of blaming someone else for it until his IP address was traced.

Merry Christmas Cherokee County and have a blessed New Year. The March primaries are right around the corner; vote the prevaricators and provocateurs out. It is time to bring some semblance of honor into your public offices. Next month we will discuss the case of 35-year veteran Cherokee County employee and true friend of the courthouse Carl Phillips, the director of the Cherokee County Supervision and Corrections Department. Phillips was recently indicted for theft of services and allegedly tampering with government records while head of Adult Probation. (Source: Tyler Paper December 17, 2009)

Thursday, August 20, 2009

District Attorney makes reporting crimes a crime

On May 23, 2009 Austin-based AM radio talk show host Randall Kelton (of The Rule of Law) presented the Cherokee County, Texas grand jury a list of criminal complaints against Cherokee County officials, including the county judge and county attorney. The grand jury was informed by the district attorney’s office to ignore the 55 sealed complaints. Randall Kelton acting as a journalist was subsequently charged with “operating a private investigations company without a license,” a charge levied by outgoing district attorney investigator Joe Evans. Kelton's exposition of corrupt Cherokee County politics was not just written off as a publicity stunt, it has been completely buried. Misdemeanor charges against Randall Kelton are still pending as Cherokee County contemplates how to violate the US Constitution one more time before the Primaries.

According to published court documents, Randall Kelton began his research into Cherokee County when the incarceration of Robert Fox and bogus charges of “tampering with government records” came to light on his show. Fox had been in and out of Cherokee County jail after an initial raid on his nondenominational ministry, the House of Israel located in downtown Jacksonville, Texas. Fox and others rounded up in the Nazi-esque purging filed civil and federal complaints against their accusers, all of which fell on deaf ears in the neighboring Tyler Court of Appeals and US Eastern District Court.

After years of settling federal lawsuits against Jacksonville, TX police officers, the newly appointed Chief of Police and overzealous investigators decided to finally clean up the City’s image by painting a dichotomy: Cherokee County citizens were to forget about the rapist cop they had once decorated, Larry Pugh who was now sitting in federal prison (for trying to drag one of his victims off by the hair of her head for going to the FBI after being raped in a cemetery at gunpoint by him in uniform- Source: US District Court Cause No. 6:06-CV-357). Citizens were to instead focus on the House of Israel and its members’ “sovereign citizen” rhetoric instead.

Robert Fox was found not guilty of possessing illegal drugs on Wednesday July 29, 2009, the impetus for the invalid raid conducted on the House of Israel over a year and half earlier. (Source: Jacksonville Daily Progress July 31, 2009)

Cherokee County officials and newspapers continued the propaganda piece of the validity of the illegal search and seizure, in reference to the possession of expired dental and pharmacological substances, i.e. antibiotics and painkillers. They also claim House of Israel members were Timothy McVeigh and Taliban sympathizers based upon the unlawful seizure of items not specifically spelled out in the open-ended Search Warrant.

It matters not to the local editors of Cherokee County owned and operated propaganda pieces that Robert Fox and associates have either had all initial criminal charges against them dropped, dismissed or have been acquitted. The local media is in business to continue the Cherokee County District Attorney office’s lie that filing a complaint against Cherokee County officials is a crime. Robert Fox's latest charge of "tampering with a government record" is still on the backburner.

Filing a complaint against Cherokee County officials after an illegal raid is also a Felony in the eyes of Cherokee County's district attorney. Brain dead followers in the Daily Progress and Cherokeean Herald repeat this lie in print even though their own taxpayer dollars are being squandered to justify an ill-conceived, albeit typical illegal and open-ended Search Warrant composed no doubt by the district attorney himself.

Robert Fox is out of jail and stands acquitted of possessing narcotics so Cherokee County officials challenge his religion and patriotism to distract from the illegal seizure of items not specifically spelled out in the Search Warrant. Fox's personal effects including his anti-establishment writings were seized and openly displayed for the willing press, even though it had nothing constitutionally to do with the seizure of the alleged illegal drugs. Cherokee County, Texas law enforcement is taught that as long as a willing city judge will sign off on a Warrant, then they are given carte blanche to illegally seize anything beyond the scope of the Arrest Affidavit. As in the Randy Kelton case, probable cause does not even need to be established. The Jacksonville Police Department was aware that Robert Fox's former associate and founder of the House of Israel Barry Brooks (convicted of practicing dentistry without a license) had left behind expired dental drugs and supply within the building. They were after Fox's legal writings to parade around to bolster another charge of barratry that was also eventually dropped.

The Jacksonville Chief of Police and his investigators made public these items though they are protected free speech under the US Constitution. The public is supposed to believe that the Robert Fox group is dangerous, while simultaneously believe the District Attorney's office had nothing to do with the blatant persecution. Press conferences were held to laud the work of the Jacksonville Police Department for the "narcotics" raid and subsequent "Taliban Link" discovered within the House of Israel. Now there is barely a murmur in the East Texas newspapers that Robert Fox and associates have been acquitted.

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Cherokee County, Texas is operated by liars and sycophants in the newspapers whose livelihoods depend on placating their advertisers. The Jacksonville Daily Progress has finally succumbed to internal pressure and shut down its own Hey Martha forum after its editor faced his third DWI in Cherokee County. (Source: Jacksonville Daily Progress July 9, 2009 and Jacksonville Daily Progress Sept. 1, 2009) Free speech and actually debating official misconduct simply will not be tolerated.

If the local high school coach is accused of having sex with a student, then they bury the story. (Source: KLTV August 11, 2009) Justice authorities do their darndest to completely cover up the sordid details involving their own relatives. If any citizen disagrees with such unconstitutional acts perpetrated by these so-called 'justice authorities,' or exposes the crimes of these rogue officials, then those same officers of the court fabricate legal statutes out of thin air. And use their taxpayer subsidized salaries to go after their political enemies. Hence out of town radio personality Randall Kelton was given fair warning not to meddle with the District Attorney's handpicked jurors.

Talk show host Randall Kelton has filed several motions in Cherokee County district and county court, including Statements of Witness Tampering, Probable Cause and Habeas Corpus that argue the bogus criminal affidavits filed against him and Robert Fox. As he states in his defense briefs, the State of Texas does not require a license to "investigate," anymore than it requires a license to sit on a Grand Jury or sit behind a microphone.

And in Texas it is a felony NOT to report a felony. So who is violating the law? Kicking down people's doors just because they aren't welcome in town? Filing bogus and baseless charges against people because they don't like what they say about them on the phone and on the air? Working as a Cherokee County Constable by day and selling crystal meth by night? Kidnapping women off the streets of Jacksonville in a patrol car and raping them while on duty?

Not one single Cherokee County newspaper reported that Randall Kelton had gone to the Cherokee County grand jury and presented criminal complaints against Cherokee County officials. Not one single Cherokee County newspaper reported that their District Attorney's office filed criminal charges against Mr. Kelton for doing so. This is yet another recent example of how the ongoing generational Cult of Confession continues to infect Cherokee County, Texas politics. If the newspaper will not report it, and those who do get charged with a crime, then who will notify the public of the ongoing criminal activity? They collectively hope and make sure no one will.

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.