Who Were The True Conspirators?

I have to do another post on Mary Surratt to share with you what I have found, so we have a Part III to Mary Surratt.  This information is fascinating to me.  I have never been interested in history, even the thought of it bores me.  Give me a math problem any 'ole day.  But this Mary Surratt case and the bigger picture is an enormous frame up and cover up.  I did not get the significance of many things I saw in the movie "The Conspirator", until I came home and read further.

Historians fall on both sides of this debate...."Was Mary Surratt guilty or innocent?"  The historians saying she was guilty generally argue that she had to know, they buy what the government fed them almost 150 years ago, contrary to what has been found since.  One historian even goes so far as to say she must have been guilty because she had such a calm demeanor and was "clever" during her recorded interrogations. I don't know about you but calm is what I do, in fact the worse the circumstances, the calmer I get.  Because fear, insanity, rage all cloud my ability to think and reason.  When under extreme pressure or conflicting situations I get real quiet and listen with all my might so I can take the next best step.  BUT, now can you see where that can get interpreted as "obfuscating, lying, denying and parsing her words"?  That is how some historians have interpreted her demeanor and her claim of innocence. 

YET, during the trial, five priests and several other people testified on her behalf as to her stellar character and religious devotion.  Who knew more about Mary Surratt, these people who spent time with her over the years or the historians who paint her as Booth's co-conspirator?  It seems to me if someone had a shady, questionable character it would have surfaced at some time throughout the years prior to this event.  But you know the saying, people will find (or create) the evidence to fit their beliefs.  Perhaps I am guilty of the same in this instance...let's take a look at what came up after the conspiracy trial of Mary Surratt.

In the comment section of my prior blog I present the theory that there were others, such as Edwin Stanton, Secretary of War, and President Andrew Johnson himself that seemed to go out of their way to see these 8 people convicted and immediately dealt their punishments.  Yet they could have had their own political agendas to rid Lincoln of the Presidency, in fact it would seem they had far more MOTIVE than the characters convicted of conspiracy.  I set out to understand this better by researching John Wilkes Booth's diary, John Surratt Jr.'s trial two years later in a civilian court and anything I could find out about Andrew Johnson's impeachment trial.  I must make a correction here...in a previous comment (last blog - comment section) I said that Andrew Johnson was impeached, but that is an error.  He missed being impeached by one vote, he did finish out his term, but was a very unpopular President. 

I learned several things that I want to share with you, this will give you more insight into how (at a grand level) innocent people can come to be falsely accused and wrongly convicted.  It gives you a better understanding of the deception that is possible when perpetrating fraud on the courts.  Because, rarely, if ever, is a wrongful conviction a result of error, it is much more the result of a deliberate withholding and/or altering/creating evidence, false (coerced) testimonies by state witnesses....and a prosecutor who is hell-bent on winning at any cost while exercising their persuasive powers over the jury.

In the movie, "The Conspirator" the alledged conspirators, while imprisoned awaiting their trials and after had hoods over their heads.  The hoods were lined with one inch of cotton and there was only one small hole at the mouth for them to eat their food.  Therefore, they could not be heard.  In addition, they were shackled making writing impossible and were not allowed any discussions or visits from the outside world (with one exception, at the end of the trial Mary was allowed a brief visit from her daughter).  They had been silenced, were tried quickly and punishment was dealt immediately.  Even back then, this treatment was unheard of.  Mary Surratt pleaded that she be allowed to make a last statement but was denied.  What was the government covering up, what were they so afraid she would say?

Mary Surratt was convicted on the false testimony of two men.  There was no exculpatory evidence, only circumstantial.  Both men later, changed their stories.  John Lloyd, testified in John Surratt Jr.'s trial two years later.  "Lloyd not only contradicted some of the statements he had made at the conspiracy trail but admitted that he had been subjected to both promises and threats."  According to John T. Ford (owner of Ford Theater) Lloyd had told him he "was taken to Bryantown and when he refused to say anything against Mrs. Surratt, he was hanged by his thumbs until he could no longer stand the pain.  Only then, to spare himself from further torture, did he agree to give perjured testimony against his landlady."

The other false testimony came from Louis Weichmann who told his friends John Brophy and Louis Carland, following the conspiracy trial that "his conscience was troubling him, that he had lied on the witness stand to save his own life and keep his government position.  He said that his statements had been written out for him and he had to testify based on that."  On the day of Mary's execution John Brophy swore out an affidavit disclosing Weichmann's statements and copied the Washington Constitutional Union, plus took a copy to the White House. Carland later testified in John Surratt Jr.'s trial regarding what Weichmann had told them that day.

The evidence that was introduced in the John Surratt Jr. civilian trial two years later included Booth's diary, the clemency plea for Mary Surratt (coming from the tribunal members who had voted against the death sentence and were coerced by Stanton and Holt to change their vote),  petitions given to Andrew Johnson, prior to the executions, and the statements of Lewis Powell and John T. Ford presenting "evidence of confessed perjuries and witness intimidation by the government."  "The civil trial of John Surratt Jr. exposed many injustices that a free people must never again tolerate."

John Wilkes Booth's diary indicated there were many over him in this plot, he did not act alone.  It coincided with General Baker's diary, his accounts of the Lincoln assassination.  "Both implicated, even boasted  of a secret government council which had bound the country over a century.  It revealed that the true killers were led by Lincoln's most trusted military advisor in the Civil War, Edwin M. Stanton, the Secretary of War."  General Lafayette Baker, chief of the National Detective Police Force and fellow conspirator (conspirator with Stanton), wrote "Stanton's plot was a vast, well financed attempt to seize control of the federal government, signed Lafayette C. Baker."  Numerous attempts were made on Baker's life (to silence him), he died of arsenic poisoning three years following the conspiracy trial.

Seven hours before Lincoln's assassination John Wilkes Booth left a note at Vice President Andrew Johnson's home. It said "Don't wish to disturb you.  Are you at home?  J. Wilkes Booth."   This note, along with Booth's diary were presented at President Andrew Johnson's impeachment trial, in addition to several other items that had surfaced during John Surratt Jr.'s trial.

Over zealous prosecutors, power hungry men (and women), frightened witnesses can create anything.  I have said this before in my blogs related to my own case...there is NO need to make up any lies if a person is truly guilty.  Their guilt will stand on its own.  The fact that there was so much coercion going on is all the evidence I need to know in my heart that Mary Surratt was innocent.  She was a scapegoat and a distraction used to cover the true conspirators.

Mary Surratt was buried at Mt. Olivet Cemetery in Washington DC.  There is a bronze plaque by her grave that reads:

"The souls of the just are in the hands of God, and the torment of malice shall not touch them.  In the sight of the unwise they seemed to die, but they are at peace."

If you are interested in reading further or want to follow the quotes above, there are many books and Internet articles on this subject.  I encourage you to take a look and draw your own conclusions.  Injustices in our system didn't end with Mary Surratt, nor are they unique to the military, they continue today in our civilian courts.  Following are a few of the references I used:

http://albensonjr.com/marysurratt1.shtml
http://albensonjr.com/marysurratt2.shtml
http://www.ashevilletribune.com/asheville/heritage/Surratt%203.htm
http://www.ashevilletribune.com/asheville/heritage/Surratt%204.htm
http://rogerjnorton.com/Lincoln26.html
http://itwasjohnson.impiousdigest.com/zero12.htm

Stories from Surrattsville

Yesterday my husband and I went to the movies and saw "The Conspirator".  I had so many memories flood back to me.  In my last blog I mentioned that for most of my growing up years we lived in Maryland.  Our home was in Clinton, Maryland which is just south of Washington DC (about 10 miles) so we were considered a suburb to DC.  Across Branch Avenue, less than a mile from our home, was Andrews Air Force Base.  And, 1.8 miles in another direction from our home was old "downtown" Clinton and the home of Mary Surratt, the subject of the movie.  Clinton used to have the name of Surrattsville and was changed following the "trial" of Mary Surratt.  I highly recommend seeing this movie, its an extraordinary accounting of history (the murder of president Abraham Lincoln and the following trial of Mary Surratt as a conspirator) and in my opinion a study of yet another case of falsely accused and wrongly convicted.  But then, go see the movie and you decide!!

Growing up in Clinton I attended Surrattsville Elementary, Junior High and High School.  I did not graduate from SHS as we spent my 10th grade year in Florida, then back to Maryland for most of 11th and on to Albuquerque for my Senior year.  I kept in contact with my friends I grew up with and they made sure I had a yearbook for each of the three high school years plus I  was invited to graduation which I wouldn't have missed for the world (although, as an observer).  It was always interesting and a mystery to me why they would rename the city but keep the schools named after the Surratt family.  As a child I understood the Mary Surratt story as follows: 

• Mary Surratt was the first women hung in the United States.  She helped John Wilkes Booth following the assassination of Lincoln.  He had hurt his leg and came to Mary Surratt for help, she took him to Dr. Samuel Mudd and assisted Dr. Mudd in patching up his leg.  The story goes, she did not know she was helping a criminal but that didn't matter they hung her anyway.

Above is the Surratt house.  For all my years living in Clinton it was boarded up, with an historic marker out front (and considered haunted).  Now it is a museum.  Back in the day, it served as the Surratt's home, an inn with a tavern and the local post office.

Below is the boarding house that Mary Surratt owned and ran.  It was in Washington DC and the location where the conspiracy was allegedly hatched.

Over my many years since growing up when somebody asked me where I grew up I'd tell them the Clinton/Surrattsville story (the child's version above).  And of course they had never  heard of it.  Until NOW and  NOW that I've seen the movie (which is historically accurate) I know the story to be different and definitely more complicated.  As you can imagine, the story has peaked my interest for many reasons.  Mary Surratt always claimed she was innocent.  And after watching her hoax of a trial and reading further of the withholding of evidence I recognize a poignant juxtaposition between Mary Surratt's case and my own, as I am sure there is with any case supporting a wrongful conviction.

Based on the movie and an account of the court proceedings I have made a comparison below.  Amazing how 150 years just dissolves when looking at the impact of corruption and deception within the justice system.

• Both Mary Surratt and I claimed innocence from the start and throughout the proceedings.
• Mary Surratt was perceived as having too much information and not coming forth.  In my case I did have too much information related to my ex-client's divorce and he needed to destroy my credibility.
• Our constitutional rights were violated - both cases are lacking in due process.  In my case those violations were outlined in my previous blog whereas Mary Surratt's were discussed in the movie and primarily relate to civilians being tried by military tribunals.  That very issue was pending in the Supreme Court during the conspiracy trials.
• Manufactured testimony by several witnesses.  Ironically, one of the men who falsely testified against Mary Surratt was Louis Weichmann.  In my own case the computer forensic expert, John Weichmann, was right with us throughout the pretrial hearings, but in my trial he changed his story and was used to neutralize my claim of the computer and its exculpatory evidence.
• Withheld exculpatory evidence.  In Mary Surratt's case it was the diary of John Wilkes Booth.  In my own case it was the computer files, accounts payable records and bank account Internet access log.
• The appearance of underhanded deals for those falsely testifying.  In the case of Mary Surratt those deals have been identified.  In my case, the Motion in Limine is blatant and other deals appear to exist.

It's time for us to insist that prosecution no longer enjoy absolute immunity but become accountable, otherwise they will continue to walk all over our Constitutional Rights and nobody is safe in this country.  In the case of Mary Surratt it was the military tribunal benefiting from immunity.  Current day prosecutorial absolute immunity has come about in recent years as discussed in this "Grits for Breakfast" blog posting.  As a voter it is so important you are aware of malicious prosecution and let your representatives hear from you, otherwise you and everybody else in this country are unprotected and the abuse of power goes unchecked.  The founding principles of this country and our U.S. Constitution must be upheld.  The Constitution is not a political tool as some have called it, it is a safeguard put in place by our founding fathers to prevent the tyranny they experienced in England and the very reason for colonizing in America.

For those of you who have seen the movie, you may enjoy these follow ups on the lives of some of the main characters and other small tidbits:

• John Surratt (son of Mary Surratt) - who was in Elmira, New York at time of assassination, fled to Canada, then on to Europe.  He was captured in Alexandria.  He stood trial in a civilian court, the jury could not agree on the verdict - it was 8 to 4 in favor of an acquittal.  The Judge declared a mistrial.  The prosecutors did not ask for another trial.  By August 1968, Surratt was free.  He married and had seven children.  He taught school and occasionally lectured on his relationship with John Wilkes Booth.
• Anna Surratt (daughter of Mary Surratt) - had several children.  Four years following Mary Surratt's execution Anna was able to have her mother's body moved to a proper grave.
• Joseph Holt (chief prosecutor) - became a recluse. "He came to believe that the legal process used to try the conspirators - the military commission - wasn't legal after all."  Not only was Holt chief prosecutor in the conspiracy trials, he was also legal advisor to the tribunal, "impartially" advising them as to same trials (a conflict of interest).  When the trials were over Holt was accused of keeping evidence from the defense and the plea for clemency (prepared by five members of the tribunal) from the President.  One piece of evidence (held by the FBI today) that was notably missing from the trial was John Wilkes Booth's diary.  It was proven that Holt had it prior to the trials.  The diary would have been a key piece of evidence for the defendants.
• President Andrew Johnson went through an impeachment trial in his second term.  The diary of John Wilkes Booth was used in the trial against Johnson.  There are several missing pages from the diary which have never been found.
• Andrews Air Force Base is built on what used to be part of Surratt's land.  I think they got it for a steal!
• In the year following the trials and executions, the Supreme Court decision (Ex part Milligan) held that American civilians could not be tried by a military tribunal. 

Reverence for Life...Take Action

It's interesting how life works, isn't it?  We are brought the very challenges we need at just the right time.  I cannot say I would have asked for any of my particular challenges, at least not outright, but certainly they were presented.  In each instance, it has always been clear to me that I was in charge of how I responded, for that is really all I have control of...my attitudes.  As a result of that awareness I redefine challenges as opportunities.

I have been drawn to the works of Albert Schweitzer for as far back as I can remember.  A German man of many talents: he built organs, became an acclaimed organist, a church pastor and a university professor with a doctorate in philosophy.  At the age of 30, aware of the need for medical care in Africa, he decided to become a medical doctor and devote the rest of his life to serving these people.  At the age of 37 he opened a hospital in Lambarene, Gabon - at the time a French province in Equatorial Africa.  He continued there until his death, at the age of 90, traveling back and forth to Europe for fundraising and gathering of supplies over the years.  During World War I, both Schweitzer and his wife were imprisoned in France until the war was over, both becoming very ill because of the conditions in the prison.  In his life he wrote several books, my favorite is "Reverence For Life".  Schweitzer was awarded the Nobel Peace Prize at the age of 78.

Reverence for Life is a philosophy and speaks to our responsibility for all that we do, and calls upon us to have awareness and respect for all living things.  A simple message that gets overlooked so easily.

The other author who has had a significant influence in my life is Viktor Frankl with his book "Man's Search for Meaning".  Frankl was a Holocaust survivor and speaks to our responsibility to choose our attitude in any given circumstance, thus his own survival in a concentration camp of World War II.  He went on to become a professor of psychiatry and neurology plus an author of several books, helping many in the healing of their lives.

Both Schweitzer and Frankl lived challenging lives, helped others and believed strongly in always doing the next right thing.  Both wrote on the importance of attitude and awareness.  Both were imprisoned as innocent men.  Both were men of action, absolutely committed to making life better for others.  Both have been quoted saying that words are meaningless without action.  How can I not take action in my own life when I championed the lives and causes of these two men?  My belief in Jesus and all His promises is the foundation setting underneath all of this...and probably the reason for my draw to the works of these two men in the first place. 

Is it any wonder that I had a child whose personality and life were imprisoned with autism, giving me the opportunity of my life to connect and make certain he knew of my love for him.  But I never really wanted to stop there, I wanted to share what I knew with other families.  I still plan to continue in several different ways, by setting up a business that promotes a product for the nutritional needs of these kids whose immune systems are compromised, by writing books (for which I have partial drafts of two books) and by getting involved in working with these kids again.  Although this time I will include the young adults as my sweet Nate is now almost 20 years old.

Then of all things, I also had to endure life in prison, while falsely accused and wrongly convicted.  But didn't the writings of Schweitzer and Frankl influence my response, allowing me to come home further enriched.  I believe they must have.  And now that I am out of prison I feel just as strongly a need to help victims of the justice system as my need to help those afflicted with autism (both child and family).  But to just speak it, to just write in a blog about it, is not enough.  I have decided I must take action.

Through my experience of the justice system, I learned what is going on "inside", both inside the court room and inside the county jail and state prison.  I learned there are so many people imprisoned in Texas who could more effectively be helped by rehabilitation.  Like a dry alcoholic, they walk out of prison with all the same hungers....the addiction has not been confronted and healed, it may have been touched on at a superficial level.  Some people are lucky enough to just quit, once clean for a time, but most are still driven by that addiction.  They must do the healing of the underlying causes for their addictions, or they will be right back at it, medicating their pain.  When I say that recidivism is not being addressed, this is what I am talking about.  By not healing these people (those that are willing - which in my experience are numerous) then we are just providing a revolving door within the criminal justice system.

Further, EDUCATION!!  It must be increased.  Many of those imprisoned are without proper education.  We are not preparing people to reenter society with skills that will keep them from falling back into trouble.  People leaving prison have got to be employable.  Many are not, thus moving back into illegal activities to provide a living or means of survival.  Are we for our people in this country or not?  It is so difficult to get my arms around the fact that we are one of the most advanced countries on this earth, yet so many people are falling through the cracks. 

On the employable issue there is yet another piece.   Twenty one percent of Americans have a "criminal background" given our runaway justice system.  Their must be a shift in thinking by recruiters and employers or there will be no hiring of those with criminal backgrounds, thus increasing our government subsidy programs (food stamps, Medicaid, MHMR payments, TANF, etc).  What many people do not realize is this group can be the hardest workers, with some of the best work ethics, as they are motivated to prove they are worthy.  Positive reinforcement is giant to these people.  That is what most would seek and respond to in prison and that is what will work once released to really bring them to a new lifestyle as they become productive citizens.

Then of course there are the falsely accused and wrongly convicted group.  More people than I ever imagined.  Even one person in this category is too many.  In fighting my own case, I hope to provide a way for others to follow.  The appeal system is very cumbersome and unfriendly and many just give up or never begin the process feeling defeated from the start, but does it have to be that way?  I will continue to write about how the false accusations and wrongful conviction came about in my own case thus increasing awareness.  Once exonerated I will publish a book with far more details than I have shared in this blog.  Even then, that is not enough, there is a need to get involved with those who are fighting this fight, helping in any way that I can.  Checks and balances must be brought to our justice system.  Without that, it will continue.  As I've said before, those that are a party to false arrests and convictions have to be made accountable.   Otherwise, there will be more families disrupted by this insanity.  There must be a movement for reform in our justice system to prevent this miscarriage of justice in the future. 

When I think in terms of  Reverence for Life, there can really be no other way.  It is our responsibility as human beings to stand up for the causes that relate to respect and betterment of fellow humans and for our living earth....be that in the treatment of autism or the healing of those incarcerated or the many other causes that effect each of our lives.  One has to ask, what touches my heart?  How can I help?  How can we improve the quality of our lives and others' right now?  When we leave this world, don't we want to leave it a better place for our kids and all those that follow?  I know I do!

AND...The Parents Spoke

Following my indictment and subsequent move back to Texas I was having a very difficult time finding work.  As you saw in an earlier blog I was being encouraged by my Internet "team" to interview, tell very little and get on with supporting my family.  The arrest record was out there and I found I needed to be totally honest with anybody who was a potential employer. 

After much brainstorming with my "team" it occurred to me I could restart our Speaking Series and turn it into a 3-day training workshop for parents and educators interested in this type of program for their children with autism and charge a fee.  I had a good friend who developed a website for this new entity based on our experience at NOAH.  I had lined up speakers for the first training session.  I had over three hundred mail-outs ready to go.

The new training organization was called "Re-Emerge.com" after the children.  For these children appear to be born normal, have normal development for a time and then within the first year start to withdrawal.  Many of the parents actually have videos capturing this change.  They thought they were filming their child's development but soon came to find the child began disconnecting and eventually became enveloped in their own exclusive world.  As a parent it is rather shocking to watch and find you have no power to stop it.  The program we used in NOAH, and prior to that a home-based program for my son, Nate, actually brought that child back from his/her exclusive world, through very intense one-on-one, interactive, exciting and encouraging methods. Thus, the name "Re-Emerge".  My friend and I started the development of Re-Emerge.com in February 2005 and launched the website in April 2005.  The site described what our program looked like at The NOAH Project (including pictures), then detailed the agenda for the first three day training workshop and the biographies of the many professionals presenting in the workshop.  The Re-Emerge website brought a lot of attention and apparently some controversy with the courts.

On April 28, 2005 I had a hearing at the court to discuss the end of my first year bond and to begin the PR (Personal Recognizance) bond due to my indigent status plus meet my court appointed attorney.  The prosecutors already had word of this new business and website I was starting as I was court ordered to cease all such activity.  The PR bond required me to take the website down immediately and do no business on the Internet.  I was told I could not do these training sessions.  When I asked my newly assigned attorney why not?  He, who had my case for all of one day, said so I would not be allowed to "defraud any more parents."  I just couldn't believe my ears.  The parents were not complaining about the school, they had seen only progress with their kids.  In fact, very significant progress.

Almost two years earlier, when I was first notified my client could no longer fund the school, I had called an emergency meeting that very evening with many of the parents, the Board members and a small group of business consultants.  Those parents rallied to keep The NOAH Project open.  We brainstormed that first night we met as to what we could do in the short term.  Several of us left with specific assignments and meetings to initiate with other community leaders and foundations.  We met again a couple weeks later, regarding updates on progress and how best to continue our efforts.  In the month of October we gave it everything we had to keep from closing that school.  Not one parent left that school feeling defrauded!  Disappointed - YES!   We were all disappointed, but defrauded - NO!  Just did not happen. 

My attorney never brought those meetings up in the course of my trial.  He "saved" the parents testimonies for the sentencing phase.  He always told me that was how he was going to do it - use them as character references once I was convicted.  You see, he never planned to win the trial, didn't believe he could (being a typical public defender - just wanted me to plea) and therefore he didn't really prepare.  When my husband and I questioned the public defender's commitment to my case, he just shrugged and said it would be an easy appeal.

Here are a few of the testimonies from the parents of the school.  Keep in mind these testimonies were given almost four years following the school's closure:

Ms. Bell:  I chose the NOAH Project because Audrey White was providing a full treatment for the child, not just an educational, but also for parents which is huge.  There is - the suicidal rate for parents with autistic kids is high and divorce rate is high so training for the parents is very important.  Because she provided a special diet which most these children need - special food not like what is being provided for in the public school arena or any other public school or private school that was around.  And the one-on-one attention and treatment intensity that she was providing for my daughter in the program was unlike any other.  And so it was all encompassing, treat the whole child type of program.  The program (also) changed my life more than it probably did my daughter's because, you know, I didn't know how to work with my child, I didn't know the attitudes that the program taught and I wasn't positive.  I was negative, angry, bitter and everything just because of ...one part of ignorance, other reasons for lack of training, so the training that the program ...that Audrey provided was life changing.

Regarding the school closing Ms. Bell said: It was devastating.  It was sad.  But, you know, Audrey didn't stop just because the school closed.  She didn't stop supporting us as parents to help our children.  Her help continued on as long as she could.  And so what we were able to do was take a couple teachers that worked with my child from The NOAH Project and bring them into our home and continue the same program in our house.

Then Ms. Bell described the effect The NOAH Project had on the people that worked there:  The gal that worked with my child wasn't even a teacher certified for special needs, but because of the opportunity Audrey provided to these people that worked there, they were inspired to go and get their (special ed) teacher certificate.  Many of them were therapists.  They went on to be special ed teachers, Highland Park, Plano, McKinney, Garland and so now these people were trained from the program that Audrey provided in a way that the public school can't even begin to train its people.  And so now they're out there helping other children that are not as fortunate as my daughter was to go to The NOAH Project.

Mr. Atkins:  Well, Audrey's school...yes. Audrey's school was based on a methodology which was developed at a place in Massachusetts.... and you know, what happened was that interaction and that connection with the child ended up bringing the child out of his shell over time.  Its not a fast process, but at least there was hope.  Here was a program that didn't cap what our child's progress was going to be.  Here was a program that didn't deter him from being who he was at the time, but also encouraged him, you know to progress at the pace he wanted to progress.  He was only there for two months, maybe two and a half, but in two months went from completely non-verbal and not being able to interact with his siblings, not being able to communicate, and at the end of it his vocabulary had already started to blossom.  Now he wasn't completing sentences but he was making requests.  he was able to develop words like yes, no, uh-huh and huh-uh as some simple communications that a child has already mastered at 12 - 13 months, well our son was three, and we hadn't been successful in getting him to master that.  And introducing this new approach already began to break down some of those walls and introduce those new communication tools with him.  And he was giving us eye contact where that wasn't possible before, and really put on a path that we have continued to follow to this day with him.  And so the benefit of those two and a half months, in my opinion, reaches far beyond the time that he was at that school.

Mrs. Atkins:  My son was non verbal and didn't know who we were.  And by The NOAH Project and having the therapy, he began to speak and say "MAMA" for the first time after like maybe six weeks, which was more than I could have ever wanted or knew that I could have from him.

Mrs. West:  Well I have to say amazing progress, not only in him (her son), but just observing other children.  And that was why I so wanted that program after working there for two weeks and seeing the amazing results and just the children connecting.  I just knew that was the program I wanted for me (and my son).  My child has made great strides with the program.  And not only in his life, in our lives too.

Mr. Foley:  The individual, isolated one-on-one therapy, with individual facilitators.  That is what he (my son) needed.  Like I said it was a clean environment with no distractions, one room that was his.  You had viewing glass where you (as a parent) could go in at any time.  I would go in there, on my lunches and things like that, and watch and observe.  That is what I liked about it, the individual one-on-one, which is what a child with autism needs.  You started to get more eye contact and more reactions from him.  An autistic child tends to concentrate on the peripheral, not on the subject or the conversation.  And we started to notice improvement that because, and that was mainly because of the ...It was intense one-on-one therapy.  It was several hours a day, five days a week.

How much of a difference would these testimonies have made during the actual trial?  Another pertinent piece that was left out of the trial was that I continued to work with a group of business consultants to get the school reorganized and reopened.  We sent out reorganization investor packages to major corporations connected to the business consultants that December 2003.  These are not actions a thief would take.  Yet even then, given the above testimonies, the prosecutor told the jury that I traumatized the parents and kids of The NOAH Project.  How do prosecutors get away with these sorts of statements?  She also told the jury I "did it" because I was aspiring to be the "Queen of Autism" while she stood in front of me at the defendant table pointing at me, with her voice raised to the rafters.  Why do we allow such false courtroom drama?  We swear to tell the truth, why doesn't the prosecutor do likewise?

If you could have only seen me back in the day...I was working two full time jobs, one my financial business and two, as volunteer Director of NOAH.  I was hardly the picture of a queen, more like a frazzled mom, over-committed and working around the clock.  Did I want great things for me?  That was never what this was about...it was to help a few families and their children and hopefully be a part of a new movement in the treatment of our kiddos....a more holistic approach, treating all aspects of the child, including the most important relations in their lives...their parents.  Nobody loves these kids more than their parents, nor will there be any greater lifetime advocates for these special kids than the parents.  Growing that healthy relationship is absolutely the key to our special childrens' developmental success. 

Further, this program did not belong to me.  I didn't create it.  I only coordinated the pieces, where it had been a home-based program before, we brought it to a school setting, so it could be more scientifically documented on its way to becoming mainstreamed.  It was simply an attitude, a set of beliefs and methodologies.  Had it continued, the successes would have gone to the credit of its originators, we had a written agreement which set all that out.  There is the truth of it...more of what the jury never heard before convicting me.

The Costs are HUGE!

The Internet dialogues continued with my "team" but I was becoming more disillusioned as I began to really understand...there was no white knight in shining armor going to save me from this system and each day the Texas justice system took on a more oppressive and dark look.  My second attorney, Mark Perez, had just asked for an additional $50,000.  I was unable to pay so he withdrew and I was awaiting the court's decision on my indigent status and a court appointed attorney.  The dialogue went as follows:

ifonlythiswasover:  I wonder when all this is done...if my faith in anything will be restored???  Its hard for me right now to even TRUST.  So much of what I believed in is being challenged.

lionheartix:  I've noticed that. lol

ifonlythiswasover:  I believed in good wins out.  I believed that there was such a thing as justice.  I believed in the police.

lionheartix:  we all did....we grew up with those ideals.

ifonlythiswasover:  I didn't want to become a skeptic.  Now I am told truth doesn't matter to the people I believed upheld it?  Why aren't they honest with what they teach us in school?  What ever happened to authenticity?

lionheartix:  some people go through their whole lives without ever being challenged.  But, it is said, that the more one is challenged, the more character it builds.

ifonlythiswasover:  it seems like I might have enough already!  Maybe we could hit the media really hard with this case then they would be forced to move it out of Texas to a new venue.  I just don't trust Texas or the power these men have over the political/justice system.

lionheartix:  It just doesn't make sense for Perez to push you for $50 more grand for this.  Or...drop your case.

ifonlythiswasover:  he said he checked with other attorneys and that was "fair"...I would think he would set his own fair standards.  I'll tell you what is not fair...is being falsely accused....that I have to waste valuable time on this...

lionheartix:  you're right.

ifonlythiswasover:  about what?

lionheartix:  it being a waste of time.  You are all stressed out for all this time, and it is a waste.

ifonlythiswasover:  it is...for everybody involved...including the taxpayers money.

lionheartix:  I'm glad I don't live in Dallas County.  I don't pay into the peoples' paychecks of Dallas County.

ifonlythiswasover:  yeah...but this happens everywhere...it seems inherent in the legal system.  Perez was good, just when I start feeling confident...it seems as though I get hit again.

lionheartix:  that has been happening, for sure.

ifonlythiswasover:  I feel sad, scared, angry...all wrapped up into one ball.

lionheartix:  keep hanging in there.

ifonlythiswasover:  I will... the only happy moments I feel as though I have are mostly with Nate and Brandon [my sons]....even then the dark cloud seems to come around.

lionheartix:  OK...things are tough now.  It will pass.

ifonlythiswasover:  I know.....

This dialogue really brings out several important factors.  Of course the most obvious, is the emotional and mental toll it takes on the lives of people involved.  But, look at the costs!!!  Once falsely accused it became almost impossible to get a job....what with all my court appearances and attorney appointments.  Eventually someone hired me for the two years just prior to the trial and gave me the flexibility I needed.  I was being paid less than 25%  of what I was used to earning, but I was extremely grateful for that, so at least I could pay the rent and feed my family.

BUT....Dear Taxpayers!!  The cost of the system!  Unbelievable the amount of wasted tax dollars that go into the falsely accused and wrongly convicted cases....and to many others who probably could benefit from probation/out-patient rehab or those who should have much shorter sentences.  Most people don't fight the system....don't feel as though they can...and just plea.  The cost to take care of each prisoner is significant...somewhere in the range of $40 - $50,000 per year/person incarcerated (not including medical).  But for someone fighting their case....there are significantly more costs: attorney fees, forensics (or in my case - prosecution and civil attorneys fighting to keep the forensics out).  Look at the payrolls of the judges, the prosecutors, public defenders, all the other employees involved with the overcrowded court system. 

In Texas alone, the line item in the budget for prisons is $5 billion.  That doesn't include city or county jails or any of the court proceedings.  Do we really have that many outlaws?!?!  Or do we just have a runaway justice system?

Here are some statistics for you to think about.  The United States has the biggest prison population on earth and we have the highest incarceration rate of any nation.  Our incarceration rate is six times higher than China, a place we like to believe is far more oppressive than we are.  The USA is home to only 5% of the world's population, but one quarter of the world's prisoners.  The blog called "Grits for Breakfast" has an excellent short video on this very subject...it is a PBS segment you will not want to miss!  If you want to read further, there is a recent thirty three page study titled "Cost and Punishment: Reassessing Incarceration Costs and the Value of College-In-Prison Programs" by Gregory Knott.

I have seen estimates as high as 3,500 - 5,000 innocents sitting in the Texas prison system.  I don't know the actual number.  They say that is the cost of having an effective justice system, "errors will be made".  I don't think there was "error" in my case, as I've shared with you regarding the pretrial Hearings, my complaint letters and notifications and of course, the Motion in Limine filed 10 days before my trial.  I have heard similar stories over and over again....some while I was incarcerated and others since I have been out.  There is an enormous cost associated with wrongful convictions both in terms of wasted tax dollars and the effect it has on the ability of the wrongful convicted to ever live a fully productive life again.  Society pays the toll for this prison boom.

There are many ways to change what is happening.  The study linked above talks about college programs to prisoners so they might be employable when released thus reducing recidivism.  That is great, but in the job market of today, employers are not hiring people with criminal backgrounds...most especially in the professional world.  Once our ailing economy is healed there will still have to be an attitude shift of employers and recruiters.  It is important for our society to raise its awareness with regard to these issues and become much more educated as to how our tax dollars are being spent so that we are better equipped to make informed votes as well as speaking out for what is right.  Check with organizations like Project: Not Guilty and The Innocence Project of Texas to gather more information and see how you might help.

The immunity given the courts, prosecution and police needs to be closely monitored.  Immunity can be a set up for conspiracy thus allowing innocent people to be convicted.  Besides victims of conspiracy, people falsely accused and wrongly convicted all have something else in common...a clear violation of their Constitutional Rights.  We have seen or heard of it happening time and again.  Those who accuse or pursue innocent people and knowingly withhold evidence need to be held accountable.  In any other job in the world, those who are negligent or lie, lose their jobs.  I think we need to take a hard look at the checks and balances in our justice system.  It is up to us ...

"We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution."

                                                   ~Abraham Lincoln

   

Political Undertones

Many times I have referred to myself as a political prisoner.  That is an odd distinction for me as I have never been considered a political person.  My interests have always swayed toward economic theory and psychology...and the next Sudoku puzzle.  My case brought to light the politics of the Texas justice system and what is going on inside the Legislature, of course.  But even that is not what I am talking about here.

Today I spent time on the blog called Grits For Breakfast as I do everyday to get my fill of what is going on in the Texas justice system and to make comments when something sparks a nerve or an idea.  The "Grits" blog has been recognized by many, including The New York Times:  On criminal justice, Grissom wrote, "WHO TO WATCH Scott Henson, a very knowledgeable blogger, who writes about all things criminal justice at gritsforbreakfast.blogspot.com."   In reading this blog, participating in the very active discussions via comments and in general enjoying how Scott Henson seems to have no fear...just puts it out there...he has the John Wayne version of "true grit", I decided this morning to just get more brave. 

It is time to put a piece of my case out there that I have been keeping to myself (and my attorneys and my husband and my mom....).  I suppose you might be saying: but haven't you said it all by now?  Well, far from it...after all I have to leave something for the book, RIGHT?  Okay...here's another piece to this case of mine, although there was some mention of it in my post called A DEAD BATTERY? I did not really explain and give you the timeline so you could see the significance.  This may also explain more of the reason the Contributor's business partner is so involved.  For those of you who are new to my blog, in my case the "Contributor" made the false allegations and his "business partner" masterminded the scheme against me and conspired in the fabrication. It has his signature all over it.  I am just introducing David McCall in this post.  I give this to you in the form of a timeline:

July 1, 1992  The business partner loans $200,000 to an insurance man's corporation who was buying an existing insurance company.  The loan was made because he could not have ownership in an insurance agency in the state of Texas without having an insurance license.  The rate of the loan is 18%.  Its considered a "sweetheart" loan as no lender would have done this or accepted the terms of repayment (cash flow).

October 28, 1992  The business partner loans an additional $100,000 at a rate of 12% to same corporation for initial operating expenses.  Another "sweetheart" loan.

Throughout 1993 and 1994  Interest on loans is paid as cash flow allows.  Not something a typical lender would accept, but it is how someone having ownership in the business would be distributed cash.  Further, the business partner and the insurance man have monthly meetings to go over the operations of the company.

October 1994  The insurance business is sold.  The loans and any remaining unpaid interest are paid off as well as a "back-end fee", called a "consulting fee" amounting to $185,910, in effect the business partner's share of the profits from the sale.  He couldn't own a percentage of the business so he accomplished the same thing through the guise of a series of loans and a consulting fee.

October 1996  David McCall, an ex-mayor of Plano, pleaded guilty to bank fraud (after another ex-mayor of Plano, Jack Harvard, pleaded guilty to related charges and agreed to be a government witness against McCall).  McCall is a new character in the story and his charges relate to the S&L scams of the 1980's.  So McCall is now a felon and owns his own insurance company.

August 13, 1998  Date of stock issuance for TCT Holdings, Inc. and the date newspapers say TCT was formed (by the insurance man from 1992 above) through the merging of three agencies which includes "The McCall Insurance Agency".  I have copies of the stock issued to the Contributor and his business partner.  The business partner bragged that once again they had ownership in an insurance agency without being licensed.  So not only was that illegal but McCall 's continued ownership, once a felon, is illegal.  Felons are not allowed to have ownership in insurance agencies in the state of Texas.  I checked, there is no grandfather clause to that.  Apparently David changed his name to Bruce McCall for the insurance company purposes.  David's middle name started with "B", but was Benjamin, not Bruce, which is what he was using. 

1998- 2003  The business partner continues to require the insurance man to have monthly meetings with him to go over the operations and financials of the business.  Micromanaging as usual.  Once I started NOAH we used their agency for our policies.  (Uh, would I use their agency if I was stealing from them?  That would be bold!)

October 30, 2003  I received a call from Betsy of TCT telling me to extend the Directors & Officers insurance policy to cover end-of-business contingencies. The policy had lapsed a couple weeks earlier.  Her example was ...what if a parent decided to sue us.  I told her "No, we did not have the wherewithal to pay and I was not going to extend it."  TCT went on and paid it anyway, extending without my permission.  Remember the Contributor and his business partner have ownership in TCT!!

November 2003  False police report and false insurance claims filed with regard to alleged theft for the funding of The NOAH Project school.

Thursday, February 12, 2004  McCall goes into a coma as a result of cancer.

Saturday, February 14, 2004  President Bush approves pardon of McCall. Alberto Gonzalez, then the General Counsel to the White House, drew up the pardon papers.

Monday, February 16, 2004  Presidential pardon of McCall is announced.

Tuesday, February 17, 2004  McCall dies, never came out of coma so doesn't even know he was pardoned.

Monday,  February 23, 2004  Temple-Inland purchases TCT and renames it Guaranty Insurance Services.

The pardon accomplished several things.  It caused the continuing Federal investigation on McCall and subsequently his estate to cease.  It cleared the way for the sale of TCT to an SEC regulated company.  It also made the paper trail of the fraudulent claims and the extension of the policy related to my case impossible to follow.  And, outside of the McCall pardon, the Contributor and business partner, once again get away with owning and profiting from an insurance agency that is not allowed under Texas law.

Don't you wonder, given the false allegations on me and false insurance claims, how many more false claims there might have been?  All of the Contributor's and business partner's development deals and existing finished properties and business operations were insured through this agency.  Don't you wonder when someone changes their name to do business and was a felon as a result of the S&L insurance scams of the 80's  what kind of business they were doing in this group of insurance companies that merged in the late 90's?  There was a big question when Bush pardoned McCall....it was so out of pattern from all prior pardons of Bush.  Much was written about that, in newspapers and blogs with many people speculating.  It's far from a coincidence that a week after the pardon TCT was sold to Temple-Inland (a Texas based SEC regulated company).  You know Temple-Inland would have done a fair amount of due diligence before buying TCT.  But, not one word was ever spoken to me about this before I left at the end of October (just three months prior) and I was always placed in the middle of these types of transactions for my ex-clients....as a sort of watch dog.  (No, I'm not a dog.)

I handed this information to the prosecutors and what I was given in return was a Motion in Limine saying we could not bring up past "bad acts" of the Contributor or his business partner.  That would include the false insurance claims made from the false allegations of me and the unlawful extension of NOAH's Directors and Officers policy....which was quite relevant to my defense.

Further we subpoenaed all the insurance records from TCT (then Guaranty).  They were not required to bring them to court.  Instead my attorney and I went to their offices, after being told on the phone we would have to sort through about 15 to 20 boxes.  When we arrived, we were ushered into a conference room and given two small stacks of paper with two of the previous TCT employees watching us and answering questions.  Of course what we were looking for was not there.  They were never made to render the documents as outlined in the subpoena.  Nor did my attorney bring any of the people from TCT into the trial to be questioned.  There were three people I specifically requested: the insurance man heading up all the deals and operations, and the two women who sat at that table the day we went to their offices, the three key personnel of TCT.

Perhaps you see the political overtones I first spoke of in this blog.  There is more and it relates to Harlan Crow, business partner to my two ex-clients and trustee to Bush's campaign funds. I was specifically told in the fall of 2004 to take nothing of what I knew regarding other issues to the media because this country could not afford to have John Kerry as President.  At the same time my attorney asked for another $50,000 to continue on my case, of which everyone involved knew I could not afford, thus precipitating the recategorization of me to "indigent" and throwing me to the public defenders.

For being a-political I managed to get right in the middle of things, wouldn't you say?

No Small Chatter

I want to tell you about a group I have recently connected with.  If you have an on-going interest or even a developing curiosity in my case and cases like mine you will be interested in this group.  They are called Project: Not Guilty ("PNG") and have commented several times on my blogs as "The Team".  I have the links below so you can see what they have to say about my case, as well as a link to their website.

PNG is an advocacy group who is helping the non-DNA innocents claim their exonerations and more.  PNG started out in Texas, but has become national as there is such a cry out for help in our runaway justice systems.  You may not know this, but even if the Appellate Court clears a person they are still not considered exonerated.  In Texas they still have to go through a process with the State Controllers office and quite often are not given the exoneration that is so rightfully theirs.  Besides years in prison, ripped away from family, those who are falsely accused and wrongly convicted have been stripped of their good name, many of their rights and quite often find it difficult to ever be gainfully employed again or move easily within society.  The accumulated damage to a victim of the justice system does not stop accruing once the person is released from prison.

I invite you to take a look at the Project: Not Guilty website and the comment section at the end of my four blogs where they have imparted words of advice, encouragement and wisdom:

Project: Not Guilty

The Newsweek Essay Contest

The 4 W's and the Octopus Arms

Can They Have It Both Ways?

Investigative Team...Attorney Wouldn't Join

Now as follow up to the Internet chats I started sharing with you in the post called: "Investigative Team..." I have placed another part of those chats below.  While these people ("lionheartix") also call themselves my "team", to my knowledge they are not the same team that is coming forth in Project: Not Guilty as described above.  A small portion of the Internet dialogue on September 11, 2004 went as follows:

lionheartix:  one thing that Scott (retired FBI SAC - Atlanta) told me yesterday was about the FBI and IRS.  He said that you need to do a "white paper" to take to the FBI and/or IRS and/or Texas Rangers.

ifonlythiswasover:  I'll do a white paper, I guess that is something my attorney knows?

lionheartix:  it is a detailed report of why you are there, and helps them to understand and relay the reason you are there to others, either higher up or lower echelon.  hard for them to understand someone telling a story to them, so it should be written.

ifonlythiswasover:  why I am where?  at their front door?

lionheartix:  why you are in their office, yes.

ifonlythiswasover:  surely my attorney would know about that, I will put it on my list though.

lionheartix:  yes, but he really needs to understand why you want the FBI and the IRS and Texas Rangers to be involved.  there is just so much more of this that is behind the scenes that hasn't connected yet.  it's there, but not exactly clear yet.

ifonlythiswasover:  not clear to all of us????

lionheartix:  to your case.  it will take the feds....one of the agencies, or maybe both of them, to tie this case in with the fraud, the extortion/payoffs, etc..................      would it effect the business partner that things will be really under a microscope in your case?

ifonlythiswasover:  yes...I think so.

lionheartix:  it would definitely make him think he has to back off of you or get really investigated deeply.

ifonlythiswasover:  I don't think he believed this thing could ever flip back on him...I honestly think he sees himself above the law.  I'll guarantee you the contributor is the follower here.

lionheartix:  he could literally believe that, but if he sees a LOT of subpoenas shooting through the court for this information and history and different stuff that he never wants to be made public, then he will definitely HAVE to pull in his claws and start settling things.

ifonlythiswasover:  the contributor is different...but my friend keeps reminding me he is a bad guy too and to not lose sight of that.  from the start my friend kept saying "what does the contributor have on his business partner and what does his business partner have on the contributor...you find the answer to that and you'll find the answer to the false allegations."

lionheartix:  that is very wise for her to see that.


My attorney at the time said he would not go forward with the case unless we paid him an additional $50,000, thus I had to go to indigent status.  As you already know my public defender ignored all this, would not read the dialogues and said it was not our place to bring in the FBI or any other authority...no white papers were ever filed.  A lot was asked for in the subpoenas (although not nearly as much as could have been), much was never rendered, most was thrown out during the pretrial hearings...as privileged or irrelevant.  In my defense, my attorney refused to explain why we needed anything and kept telling me he would not divulge his strategy in the pretrial hearings. What strategy?

We have arrived at the Motion in Limine again.  Ten days before the trial this Motion was filed by prosecution, saying we could not bring up in trial any "prior bad act" of the contributor or his business partner.  My walking knowledge of their personal lives and businesses (including fraudulent insurance claims on the money in question) was the motive for destroying my credibility by these false allegations.  It was completely relevant and not privileged (no such thing in a criminal case).  The Detective, prosecutors and civil attorneys absolutely protected these two men (my false accusers).  And for that matter, so did my public defender by his indifference and inaction.

Below is the letter my husband, Ron, wrote Internal Affairs at Dallas Police Department.  It was not written earlier as I was incarcerated and we mistakenly thought this would be handled in the appeal, but was not how the appeal works.  You can see the response from David Brown, DPD Chief of Police and his Deputy Chief of Police.  Once again, putting the onus on my public defender in the trial.  So the focus is not truth, but procedure and how can truth be circumvented.

Brown so eloquently refers to truth as "differences in opinion".  That's a new one.  If the abuse of power is not caught on film, it doesn't count?  I have a feeling before this is over there will be a lot more finger pointing.  Immunity is a dangerous thing and takes the checks and balances out of the justice system, whereby nobody is held accountable for ruining innocent people's lives with their lies.  The above letter is like saying my officers/detectives can say anything they want under oath and if the public defender misses it or doesn't care enough to do his job then ...Oh well, you lose.  Are there any ethics in this so called "justice system"?  While it's a game to these players...that is, who can outsmart or out maneuver who...innocent people's lives are on the line.  What is the value of our lives, while these people are gaming?  Or after........

Investigative Team... Attorney Wouldn't Join

In my blog named "What's Their Motive" I talked about an Internet chat that transpired over a year's time with a friend of mine.  Over the next week or so I want to share with you some of that dialogue.  As you may remember my friend was a retired Air Force intelligence officer and had stayed connected to the intelligence community.  He would sometimes ask me specific questions and other times he would tell me to just type in the chat everything that came to my mind that happened over the 20 years I worked for these men.  He said to focus on anything that would give rise to the reasons they would set me up.  In other words, anything I knew that they would not want others to know.  Also, anything that I remembered that was odd, or out of place....anything that just stood out.  He also questioned me extensively on all the details of my case.  I printed out all of these chats and organized them chronologically in notebooks.  The Internet chat dialogues sit about a foot high. I charted things when asked and flow-charted organization structures so the details were clear and easier to understand for all those reviewing this information.  I was under the impression that my friend had included others in the questioning of me and processing the volumes of information I provided.  They told me in one of the chats that I had a "team".  I believed them because my friend was involved and because I was desperate for real help in my case.

I had another friend who talked to me after I had been doing this for awhile and sharing some of the dialogues with her.  She cautioned me that there was really two distinct cases evolving.  The one already existing for me and the one against the men who falsely accused me.  She said to not get it intermingled in my mind, because as I was helping somebody else build another case, I may not really be helping myself.  I allowed myself to believe that whoever these people were, they would step up and somehow help me in my trial, because they always indicated their belief in my innocence.  In retrospect, my friend's cautions turned out to be somewhat accurate.  In my always wanting to think positive it clouded me with a bit too much optimism (if there is such a thing).  I did have a lot of information in those dialogues that could have been very useful in my defense had I only had an attorney who was willing to read the dialogues or at the very least listen when I summarized the information.  It would have given him direction in strategy and several avenues for investigation.  Neither of which he was willing to acknowledge.  He just constantly belly-ached that he did not know how to defend me or explain my case to a jury.  He said he would not touch conspiracy theory and that the issues were too complicated for a jury to understand.

These Internet chats are important now because it serves as evidence in my habeas corpus application that my trial attorney had certain pertinent information, did not investigate further and did not use this information in the trial to set up a substantial defense in my favor.  He held this information for over two years prior to my trial and returned it to me weeks before the trial, saying he never read it and would not use it.  This constitutes clear evidence of incompetent defense.

Following is one of the first Internet chat dialogues asking me details and supplying the overall direction I was to take.  My chat name was "ifonlythiswasover" and their name was "lionheartix"...we were speaking of the false accusations, what I needed to recall and how to go about documenting it.



lionheartix:  you tell your attorney what is happening.  you can tell us, we believe you as being truthful.....they (the false accusations) are not testimonies yet.  they need to be truth to be testimony.

ifonlythiswasover:  truth so far has not prevailed.


lionheartix:  in a court of law, anyone can say or do anything.  one little factual lie, and once proven, it becomes the weak link that shoots the credibility of the whole case.


ifonlythiswasover:  and in a court of law that may be what people swear to...but if the stakes are too high it will not happen...you KNOW that.


lionheartix:  that is where you start...one little untruth.....if you can show ONE little fact that they said you did and you can prove otherwise...then that starts the credibility issue on the other side.


ifonlythiswasover:  so you believe my attorney can work that?


lionheartix:  hell yes...that is his job...and if he understands circumstances of how they could do this to you, your attorney will do what needs to be done.  these guys have done a lot of dumb things in the past 20 years and YOU know them all!


ifonlythiswasover:  yes, I agree


lionheartix:  what else were they told by you that they had liabilities (exposure items) they were unaware of?


ifonlythiswasover:  if they cheat on their wives, deception is a lifestyle...wouldn't they just continue?


lionheartix:  write them down!  your attorney will use them to cross


ifonlythiswasover:  including his business partner?...since he has gotten so involved and seems to be running this?  In my book draft I have focused mostly on my false accuser (the contributor).


lionheartix:  that is right (both of them).   look to what has been shown to them prior to your resignation, and what else you caught them doing...do they put their fingers in the candy jar?  do they do unscrupulous things with taxes?  do you have any evidence of them cheating?  another woman?  an escort service they use regularly? 


ifonlythiswasover:  yes, they had women.  one of them used a foundation to fund rehabilitation/therapy for a mistress once she left him. 


lionheartix:  tell about the foundation!


ifonlythiswasover:  I refused to do the tax returns on the foundation because of abuse of 501(c)3 status.


lionheartix:  who funded it?  who got paid? monthly, quarterly, once a week?


ifonlythiswasover:  the business partner mostly and a local ministry was involved with subsequent payments of living expenses once release from rehab....


lionheartix:  what checks did you write to pay off women?  do you get my drift?


ifonlythiswasover:  there were some over the years for both men...


lionheartix:  you need to go over all their dealings in your head, write them down...just start brainstorming....write them here.  Go over general ledger items...see what triggers your memory when you start classifying general ledger items.  Where again did you tell them they were vulnerable?  what made them nervous?


ifonlythiswasover:  The business partner would always ask me what I saw as a problem...


lionheartix:  use those items you told them....yes...you told him what you thought were problems...that's exactly what we need to know.  you have to find the way to trigger all those memories and to write each item down...your next twenty years (of freedom) depend on it.


ifonlythiswasover:  it comes to me in my sleep


lionheartix:  when it does, you need a paper and pen next to the bed.  you wake up and write down everything.  believe me, once you do it, you will be amazed at what you can get on paper during a 6 hour sleep.  don't worry about yourself...treat it like Nate and Brandon depend on it.


ifonlythiswasover:  yeah...that helps...just don't want to have fear get in the way...that is the biggest blocker.


lionheartix:  your job in the next couple of months is several...bring in income, build credibility and a good defense and take care of your kids.  NO FEAR...just determination to DO IT


ifonlythiswasover:  the income will be the hardest because of what I now have on record, at least that is still my belief.


lionheartix:  what do you have on record?


ifonlythiswasover:  the reports, the newspaper, the talk


lionheartix:  you are innocent!  you have NOT been proven guilty of taking one thin dime!  All bullshit.  you only say what you need to say.  you get a job, you don't talk about the problems...period.


ifonlythiswasover:  I know but people have perceptions...its finding those who will stay clear with me...will be the challenge.  do you know RG?


lionheartix:  no, who is he?


ifonlythiswasover:  he worked with them for years....(more details)...okay...I think he may have stories that would be useful in all this.


lionheartix:  good, write them down.  one will lead to another, and another, and another...until you finally get the one that they can't talk away.  work on the wife angle, what did he do against her that screwed her out of millions during their divorce attempts?  what did he ask you to do against her?  what can her friends offer?...you just need to point your attorney in the right direction. 


ifonlythiswasover:  I don't like digging up dirt (named several improprieties).


lionheartix:  Audrey, now is not the time for you to get moralistic....you need to fight fire with fire.  Those items are highly worthy of bringing up and rehashing....all the divorcing and mistresses during the years on both guys.  get those maternal instincts working and PROTECT your family.  the business partner had a charitable organization to take care of ex-lovers?  the foundation then pays a church who then helps them in college and living expenses, etc....it has all been filtered.  Beat that credibility, they can all be exposed...The Church of What's Happening Now?  That is called money laundering!  The Feds would be interested in that info, for sure.


ifonlythiswasover:  the business partner would tell me ...there is a great imbalance (of money) in the system and he knew they would come after his money to even things out....they being the powers who redistribute wealth.


lionheartix:  write that down!  what was the conversation that led to these revelations?  Darling, you have so much in your head!  Just fire it out there!  and write each item down.


ifonlythiswasover:  middle of the night he just calls me..not uncommon for him to ruminate over this fear.


lionheartix:  write them down!  remember all those conversations!


ifonlythiswasover:  I guess I was a (financial) confidante...now he fears that?


lionheartix:  yes...for sure...and he should fear that.  you are now unlocking the secret to....WHY!


ifonlythiswasover:  I would have never gotten to this place if he had just left me alone...I suppose it is his ruminating that brought us to this point?


lionheartix:  think retro-ly.  go back into your memory and write down all those conversations.  why did he call you about something...what was the circumstance that upset him to call in the first place?


ifonlythiswasover:  maybe he was serious all those years when he said "Audrey, if you ever leave us....we'll have to kill you."


lionheartix:  go for it...that needs to be told too!  you never told me that.  he threatened you all those years and you thought he was joking?


ifonlythiswasover:  I didn't take it seriously....he said it with a smile...a real sick smile, I suppose.


lionheartix:  that is what you need to go with...your own brainstorming of these issues....remember all of this...and build on each item.  when you get back here (Texas) we will spend one evening a week brainstorming over all this and get more out of your memory.  keep writing......


That was the beginnings of a volume of chats that sit almost a foot high.  I will share more as time goes....but now you know my mission....if I had only had an attorney who was willing to investigate the wealth of knowledge I departed to my "team".

Can They Have It Both Ways?

I have always wondered why some of the most obvious inconsistencies in my case were never investigated, or made issue of while going through all the pre-trial hearings or eventually brought up in the trial, especially since they involved Constitutional Rights and Intellectual Property Law.  They are so glaringly obvious it is even beyond an incompetent defense attorney and a malicious prosecutor.  These stand out like very ripe fruit (of the NON poisoness tree) waiting to be plucked before it falls and hits you in the head.

Illegal Seizure of Property: My false accusers manufactured a contrived confession, which I have been squawking about since Day One when it was first brought to my attention by the DPD Detective.  The date on the contrived confession is October 11, 2003.  It was illegal seizure to come to my home after the contrived confession date and take anything from me without a proper warrant and without the appropriate authorities doing it.  Violation of the Fourth Amendment to the United States Constitution!

There was never a search, I handed everything over to my soon-to-be-ex-clients.  BUT, and this is a VERY BIG BUT, had I known there was a contrived confession and that I was about to be falsely accused, I would have copied everything I needed to support the approval of the contributions made to The NOAH Project and the disclosure on financial statements, would have contacted an attorney, would have asked for a warrant and would have required authorities be there so as to have a clear record of what was taken.  You see, they did not want that!  They wanted to cherry pick the files, destroy what they didn't want authorities to see (the approvals, disclosures and correspondences) and make up whatever other lies they needed to support their false accusations.  As best as I can tell the authorities never went through all the contributor's personal records but just accepted whatever they were handed, taking their word for everything.  So, the contributor was not audited, nor was The NOAH Project audited, which should have been because, as a non-profit organization, its accountable to the citizens.  At the very least the State's Attorney General should have been involved since The NOAH Project was a non-profit.  Never happened!  Why not?  Doesn't make sense!  Here is just one example, I heard of a case while incarcerated where someone took $2,000 from the petty cash of a non-profit, then paid it back, and told her boss what she had done when she paid it back.  It was never missed for those few weeks.  She was convicted and doing two years State Jail and there was somebody from the Attorney Generals office present at every hearing and her trial because a non-profit was involved.  Not true in my case and we were disputing approval on $3,775,000.....slightly more than $2,000.

Part of what they picked up from my home was the computer, the divorce files in progress (approximately 30+ file boxes), the accounts payable files (with all approved contribution requests) and monthly personal financial statements of contributor for 2001, 2002 and 2003.   Yet, in the trial the ex-wife of the contributor to NOAH was able to testify that I had not done hardly any divorce work and had only completed "six notebooks" (whatever that means).  She may have been lead to believe that but it was not true.  There was at least twenty boxes of files delivered to her divorce attorney by me, with the help of my son, and there was another 30+ boxes awaiting completion once I received the missing document (Separate Property Partition) from my client.  What she testified was at best "hear-say" and could have been challenged as an outright lie.  After her testimony she was whisked off to a "long planned vacation at Disney World with her children" (who were - by the way - grown up! and without children of their own!).

So, as you can see what they (my ex-clients) picked up from my home was all of what was in question: computer, divorce files, accounts payable files (check copies and approved contribution requests), personal financials with appropriate footnotes and explanations disclosing the contributions.  Since the computer had all the contributor's financials deleted, it was impossible to confirm what was disclosed in the financials.  Yet, my ex-client was able to testify that he did not ever open his bank statements and brokerage statements (a lie) but "relied" on his financials as I prepared them.  The suggestion was that they were fraudulent, yet not one page of financial statements were entered into evidence to support his suggestion NOR was he questioned about his reliance or where these financials were that he "relied" upon.  If  they had been presented, along with the bank and brokerage statements it could be seen that every single penny was accounted for accurately. BUT, not a possibility when the condition of the computer was allowed to deteriorate by letting the battery go dead.  This happened AFTER the case began because in the civil suit depositions they said they got into the computer and went through all my files ..."no problems, in fact there was a whole lot of nothing". Yet, he was allowed to say he relied upon something that was not produced.  Substantial exculpatory evidence was withheld.  Violation of the Fifth Amendment to the United States Constitution! They got away with that!

Had the seizure been done legally....the case would have never happened.  Can they have it both ways?  There is a contrived confession dated October 11, 2003 and an illegal seizure of property from my home on October 28, 2003?  Apparently so.  Then to further complicate the matter, they illegally seized all the NOAH assets two days later on October 30, 2003.  By law, the non-profit assets should have been seized by the state and distributed (in some form) to its citizens.  They produce what they called a "receipt" that I signed so they would not get "arrested for taking NOAH assets" while I was not present.  But given state law, that "receipt" was not legal since they had no right to the assets and I had no authority to give the NOAH non-profit assets to them.  Of course, at the time they were saying they would just store the assets while we reorganized...but in trial they changed the nature of their activity....and got away with it.  If I had truly confessed on October 11, 2003, why doesn't the "receipt" just say I am giving the assets to them as restitution?   Because that is not what was happening!

Another blaring inconsistency....I had worked on a consulting basis for my clients since I left The Trammell Crow Company in 1986.  I was not ever an employee of theirs therefore all files on that computer were my intellectual property and as such they should have NEVER been allowed to withhold the contents of those files.  Had I been an employee of theirs then it would be their intellectual property and belonged to them.  They claimed I was an employee thus keeping those computer files from me (see prior blog A DEAD BATTERY?).  Can they have it both ways?  Can they claim I am an employee so as to withhold key exculpatory evidence from my defense and make a fraudulent claim on their employee theft policy WHILE never paying any payroll taxes on me or withholding Federal Income Tax or Social Security?  All the quarterly and annual payroll reports could have been retrieved to prove I was not their employee and had a right to all files, but my attorney refused to do anything.  In addition to "relevance" and "privilege" they argued that they did not want to let a "thief" see all their highly confidential computer records.  That was crazy because I have a photographic memory and know the pertinent Social Security numbers, account numbers, etc. and they know that about me.  And, hey in this country are we innocent until proven guilty?  So, how is it the "thief" argument worked?  And, can they have it both ways?  In the deposition my "computer had a whole lot of nothing in it" and now they don't want me to see all their highly confidential, "privileged" files?  Which is it?

I could not get that computer off my mind.  Not getting all its files into evidence was the final nail in my coffin.  It just haunted me.  I wrote this short book excerpt a few months following the trials end while incarcerated.

A computer is like a person's brain.  A person with childhood-onset diabetes can run low on thiamine and must make certain all their life to get daily supplements of thiamine rich foods (i.e. celery) in their diet.  Without proper levels of thiamine, memory is partially erased, creating a permanent form of amnesia.

Like the thiamine deficient brain of a diabetic, a computer's brain (the hard drive), when allowed to go battery-dead has a memory that becomes fragmented (intermingled with code).  Add to that the intentional massive override of disassociated files confounding the fragmented but relevant information, the result is the same as a diabetic's thiamine-starved memory.  Bits and pieces of information, while in some ways deficient, still exist providing a bridge between the time before the imposed deficiency and the current day.

This is the situation with the computer I used for all the years I consulted with my false accusers.  It appears their method of tampering with this key evidence was to override my files with other accountants' computer files to add to and cover up their deletion and alterations of many files relevant to my defense.  Then taking what remains of this pertinent evidence to clear my name, they allowed the battery to go dead, fragmenting the contents of the remaining files and altering date stamps.

Fortunately a forensics expert was able to defragment the computer files in my case.  But, the court allowed my false accusers to decide, of what was remaining, what computer files I could use in my defense.  So what wasn't accomplished by altering and starving the computer's brain was finished off by a battalion of smooth talking, slick attorneys.  Civil attorneys were engaged by my false accusers and a prosecutor guided by these men banned together in the pre-trial hearings to eliminate my defense, while my public defender laid down and allowed it to happen. (He waited until the trial to throw me under the bus.)

If we could get all files from the computer I used as a consultant (my intellectual property), I know there will be a form of time stamps and trails of my innocence retained.  This likely can be found in the body of the documents and in a pattern of the altered date stamps (did I mention, not all date stamps were altered).  There will be a  footprint or series of footprints within the remaining files that can be followed, there always is.  We used to call the computer a black box when I first started in the audit /accounting profession.  It is not a black box anymore.  We know what's in there and how to pull that information together logically.  It is no longer a mystery.  The audit trail DOES exist...  Otherwise, why would they spend so much money and time to keep the tampered evidence away from me and the courts.  They know there is information there that I can decipher.  Information that can be tracked to support my innocence.

When a person has been falsely accused and wrongly convicted, there is just so much in the details of how that came about that can never be laid to rest until it is reconciled.  I have tried, believe me.  When I watch and read about the men who have received DNA exonerations after so many years of being incarcerated for a crime they did not do, I relate.  I can imagine their thoughts of turmoil over all those years.  The computer files in my case are very much like a DNA test....it's just the computer's DNA, not mine.  But in this age of technology there sometimes is very little separation between the two.

 Intellectual property...Intellectual DNA...My computer files 

Ladies and gentlemen, we have arrived at that point in our technological advances.  You know they would not hesitate to use that computer's contents against me so why can't its contents be used for me?  Computer DNA: a fruit of evidence used to exonerate!  Habeas Corpus ....do your job!

Did I mention the Sixth Amendment to the United States Constitution is the right to competent Counsel?  That is huge in my case and the heart of my Habeas.