TOP QUESTIONS - NEVER ASKED

All that ever had to happen in my trial was for there to be reasonable doubt.  Reasonable doubt was abounding had the appropriate questions been asked.  Following are a few of the top questions - never asked:

1. If I had something to hide - why would I pursue and even go to Washington DC to meet with NIH (National Institute of Health) regarding a multi-million dollar research grant?  With my accounting and audit background I knew full well that NIH, as part of their due diligence, would require audited financial statements with full disclosure from inception since we were a start-up entity.  Part of an audit of a non-profit includes an independent confirmation of material charitable contributions directly from the contributor. Of course, NOAH was auditable.
2. Why didn't my ex-client call the police immediately?  In the depositions he said he discovered the theft in July or August 2003.  In the trial testimony he said he discovered it on October 7, 2003.  With whatever lie you go with, the police did not get a call until mid-November.  Why is that?
3. Why didn't they have NOAH's bank accounts frozen immediately?  There was approximately $100,000 in checking and money market, with another $100,000 in restricted Certificates of Deposit.  The accounts of NOAH were never frozen.
4. Why did they give me a prioritized list of things to do for them in the 3 to 4 week transition period when it was decided I would stay with NOAH (October1).  Why would they allow a "thief" to continue to handle their financial information?  The amount he contributed to The NOAH Project was $3,775,000 over three years....I don't believe I mentioned that thus far.  If you decided to call that stolen...would you continue to work with me and NOT call the police?  Here are the specific priorities I was given for the month of October (the transition period): (1)  2002 Individual Tax Returns (done by CPA firm...I only had review function), (2)   their personal financial statements, and (3) divorce workpapers and schedules.
5. Why did I have several transition meetings with the contributor's business partner throughout the entire month of October during which I discussed and transferred completed work assignments and boxes of files.  Would you give a thief transition time?
6. At one of those transition meetings with his business partner on October 15, at the Whataburger on Coit Rd. in Plano, TX, I was asked what I saw as my ex-client's/contributor's exposure items in his divorce.  I named three major areas and was questioned further as to the details.  Why wasn't that brought up in the trial?  Isn't that a key to the motive?
7. The business partner of the contributor came to my house to get the remaining file boxes and the computer on October 28th.  If I was a thief, why didn't he bring the police or have the police handle it entirely?
8. On October 30th, after we determined we could not get emergency funding fast enough to keep the school open, the business partner came to the school with four large commercial moving vans to take the assets of NOAH saying they "would store them for us".  As it was explained, while we tried to reorganize NOAH, they would store these assets for three reasons (1) to prevent vandalism of said assets, (2) protect against claims from Landlord and (3) protect from claims of other creditors.  He asked me to sign what he called a "receipt" so if the police showed up and I was not present, then they would not be arrested for stealing NOAH's assets.  Why, if I had stolen the money, didn't they have the police confiscate these assets?
9. Why did they get away with saying the value of these assets was only $20,000 when the accounting books and support indicated it was worth well over $250,000?  What did they fill four large commercial moving vans with that only totaled up to $20,000?  If the assets only had a value of $20,000 why bother to go to so much effort?  Because $20,000 is all he recognized on his tax return as recovering.  Hmmm....a slight understatement.
10. The Directors and Officers insurance policy for NOAH expired the first week in October. Remember from the prior blog the contributor and his business partner had ownership in the insurance agency.  Why did someone from their insurance agency call me on the night of October 30th and try to convince me I had to extend NOAH's Director and Officer's policy to cover the end-days and protect the Board from any claims the parents or creditors might make?  When I told her we did not have the wherewithal to pay, she said they would pay it and I told her "NO, do not extend, do not pay that additional premium."  Their insurance agency went on to pay for that extension anyway.  They did not have my permission or NOAH's money.  Where are the papers for this?  It happened but nobody can come up with any signed papers for the extension.  Why not?  Because they do not exist, but the extension was put into place to cover the claim made by my ex-client.
11. Why did the DPD detective testify that it took three months to find me?  Mid-November to December 9th (1st conversation with detective) is only about 3 weeks - why wasn't he questioned about the timing?
12. Why did the detective get away with testifying that my mailbox at home in Plano was stuffed full like I had fled.  I moved out on the Saturday evening of December 6th and he first contacted me on December 9th.  I am certain my mailbox did not get stuffed to overflowing on Monday, December 8th....only one day of mail.  Why wasn't he further questioned?
13. Where are the audio tapes of the telephone conversations I had with the detective throughout December?  He testified I confessed several times.  That was an outright lie that was allowed to stay in. (1) I hadn't been mirandized and (2) it never happened.  How was that allowed to stay in the court records?  If the audio tapes had been entered into evidence, they would tell a very different story.
14. Why was the jury asked to decide if it was my signature on the contrived confession and NOT told that two forensics experts (Dallas County and Denton County) said the authenticity could not be determined?  Further, why wasn't the jury told that I repeatedly requested (in pretrial hearings) that the FBI do forensics on the contrived confession and the computer and was denied.
15. Why were most all my computer files withheld from my defense - claiming irrelevance and /or privilege?  I was not given an opportunity to review (in camera) with the judge those files and an opportunity to explain how they were needed in my defense.  Judge Faith Johnson said that is what would happen but never did.  Why was the computer never taken into evidence by the DA's office?  It had 15 years of files on it....a wealth of evidence for my defense.