1)1st interaction with Police - Approached me accusing not asking
a)Claimed I used the card at Myric's and Ron & Teddie's
b)Claimed card was currently in my possession
c)Accused me of having stolen goods in my home
i)Wanted information about roommate and his friend that was running with him
ii)These two went on later to be convicted of stealing things and pawning them
d)Searched my home without a warrant and without permission while being told to leave
i)Never searched wallet, desk, computer area or counter where bills and keys are left
ii)Searched in drawers, closets, bed, drawers
iii)Asked questions such as where did you get this computer, tv, radio, ect
e)I told him he could get the footage from Walmart's camera if he didn't believe I returned the card I had found
f)Accused me of selling marijuana
i)Stated that I sold while working at Zaxby's and to not think he did not know and I should realize I was lucky that he had "bigger fish to fry"
g)Said that If I gave him information on my roommate, his friend and his father that I would not be charged but if I did not they would press charges against me and Leslie
h)Said that the Marines would not like it if I was charged with a felony would they
i)Said he would be in touch
j)He was excessively abusive in this conversation. I was at first very open and helpful, but as things progressed I became increasingly offended and although I was very defensive... I never purposefully offended him.
2)2nd interaction - Pulled over on 74 and Church St
a)Asks me if I thought about what we had discussed
b)Threatened he couldn't help me out much longer that he wanted a list of ten names
i)Wanted info about Roommate and friend regarding stolen items
ii)Wanted info about Roommate's Father and neighbors regarding drugs
iii)Note: His father was working on my vehicle at a location which I now believe was a dope house
c)I became extremely upset and berated the officer
d)I drove away without leave and went home
3)3rd interaction - I go to Police Station
a)I ask him not to go through with this
b)He says if I tell him the info he will tell the DA I was helpful and they will charge me with Misdemeanor Use and not charge Leslie
c)He states that I blew my chance to not be charged
d)Went on and on preaching regarding the fact that he was the Cop and I am the Criminal. He is the Law and what he says will go. I am lucky he is even willing to help me.
e)He says that he will be waiting on his list
4)4th interaction - 1st arrest
a)Arrested and released on $750 bond for Felony Theft and Misdemeanor Use
b)Discovered Leslie had warrant and called her so she could be arrested on $500 for Felony Theft
5)Case is in District court - Ms. Burghin
a)Continued repeatedly due to state not ready at first then Ms. Burgin's medical condition
b)Never given Probable Cause hearing
c)Finally I am offered both charges dropped to Misdemeanors
i)I am told to take the deal or they would take me to superior court and convict me of Felonies and my Lawyer would withdraw!
ii)Firmly believe she was on their side.
iii)She would NOT even explain my options for defending the accusations.
iv)She withdraws/I ask for new attorney
v)She verbally acts as if it’s my fault that she won’t continue vs her not wanting to do her job.
d) I ask for a new Attorney and the wheel of fortune places my burden on Mr. Byrd
6)Case is in District court - Mr. Byrd
a)I am offered no deal now until the very end (misd theft & use)
b)I either sign a waiver to send to Superior Court or Dismiss to Indict
c)I take the Dismissal
d)Leslie gets what was supposed to be a regular dismissal
7)Leslie's Indictment
a)Her indictments come a couple of months later
b)She turns herself in while I wait at the police station for her bond to be set
c)I seen Det. Turner coming out of the back while I was waiting for her to see the magistrate at the police station
d)I began to question him as to why he is persisting with the case, especially with Leslie. I told him if he was going to charge someone to charge me. He said that he is the Law and he will tell me what I am going to do; I do not tell the police what I will do and that was the end of it. He walks off stating that I had my chance to cooperate and now it was gone. He said he was going to teach me a lesson.
e)Her case is continued repeatedly with her showing up to court all the while
f)She is offered to have them all dropped to Misdemeanors first, then to three Misdemeanors, two and then all charges for one Misdemeanor. She accepts none.
g)Her case is dismissed I believe on Feb 11, 2009
8)I am arrested on Feb 14th, 2009 while coming home from Camp LeJeune to tell my family Goodbye and bringing home my vehicle and belongings for storage.
a)I was not allowed to contact my unit to even notify them that I was gone which resulted in them first thinking I was a deserter and my belongings were pillaged along with what remained given to the department which holds them for so many days until they are confiscated or I pay to have them shipped home which was to cost me around $70 while nothing “good” remained as it was what others did not want for themselves. (These are the items I had thought to take with me… those that I used EVERY day.)
b)Once my original unit found out I’d been arrested on felony charges, instead of asking my side or helping me they simply processed me for discharge. They messed up the paperwork which delayed the discharge. I got out of jail and stopped it before they were able to finish although they still refused to help b/c they don’t want to get the Marine Corps involved and fail to believe your side of the story under the guise that the cops should have good reason to file charges and obviously there was more to the story than I was letting on or they wouldn’t be able to do what they’ve done… even though they did exactly that!
c)I was stuck in a loop between the government and the government. I couldn’t find a job b/c of the charges and I couldn’t go back to my job b/c of the illegal bond restriction placed on me.
d)I eventually lost my CNA, CAN II and my Medication Aide Licenses all b/c I could not find a job to cite for renewal of the licenses. I lost everything.
e)I was brought to District Court DURING LUNCH sneakily as my family was told to be in Superior Court at a different time effectively making nobody able to speak for me.
f)I was brought in with a cocaine roundup that occurred that weekend and arraigned on Possession w/ Intent to Distribute Cocaine, Maintaining a dwelling, etc until I spoke up and said I was supposed to be charged with credit card charges.
g)They did NOT explain what level they were or exactly what I was charged with and even stated he didn’t have his paperwork in front of him as if that was some sort of good excuse.
h)I asked for my bond to be reduced b/c it was only set b/c I was supposed to go to Iraq which I still had to do and my plane left Friday.
i)I asked for a continuance and the reduction so that I could go and handle the case when I got back.
j)I was told by the judge he could not speak to me without my lawyer present which I immediately responded that I did not wish to have him present, I understood what was going on and I still wish to ask for those things.
k)He simply refused to listen, review my bond to see if it was proper or consider the continuance or my situation and simply went on to the next case.
l)Sat in jail for 53 days before I seen the judge for the first time for bond hearing only after my attorney was annoyed thoroughly by requests, claiming he didn’t have the time to come to the jail to see me and not doing what he said he’d do when he did the 2 times he came… (even though he was there at least once a week to see my roommate who was there for murder)
m)I was NOT given a place to speak to my attorney in private nor did the attorney seem to care about enforcing my right. My conversations were recorded by a video camera during both interactions.
n)April 8th my bond is reduced with restriction to Rutherford County which I have not worked within for years and has the 2nd highest unemployment rate.
o)This along with the $20,000 bond b/c I was a flight risk b/c I was supposed to go to Iraq is unconstitutional and discrimination against me and my military status which is illegal in the state according to discrimination laws § 127B-12. Public discrimination prohibited
p)I cannot return to my belongings/attached unit in Camp LeJeune, my home unit in Charlotte nor to my previous job.
q)I was bonded out that evening.
9)Case is repeatedly continued against my will despite my objections.
a)We are ready for Trial every court date and I felt comfortable with Mr. Byrd.
b)He was an asshole and quite rude to me repeatedly but I felt like he was experienced and would extend that attitude to the questioning of the Detectives and generally not be pushed around as my trial attorney allowed himself to be. I was told he was the 2nd best lawyer in town.
c)It was finally set for trial after repeated objections to the states continuances.
d)Superseding indictment was served under Mr. Byrd.
e)I went to Mr. Byrd’s office and sat with him the majority of the afternoon preparing for the trial the next day.
f)Everything was fine until I showed up in court the next day and Mr. Byrd withdraws before even asking or telling me b/c of an alleged conflict of interest concerning the victim in the case. He would not tell me anything else.
g)He said he was happy that I was given the new attorney of Kent Brown that he was worried about me if I did not get a good attorney.
10) Kent Brown is assigned my case.
a)Mr. Brown refuses to take my phone calls or make an appointment, allows my case to be continued against my objections and refuses to respond to me in court!
b)Mr. Brown withdraws as my attorney because he said there was a conflict of interest which he would not explain to me just as the others before him except for that he finally said that he was worried “if I tried to blame it on Leslie” which makes no sense whatsoever.
11) Brandon Jaynes is assigned my case.
a)As before the case is repeatedly continued against my objections.
b)This time however… one time Mr. Jaynes made a motion to dismiss b/c of my right to a speedy trial. The same judge involved with my trial was the judge who heard the case.
c)He said he would dismiss it if I wanted, but they would turn around and charge me again the following day and none of my time already served would count and I’d be set a new bond which I knew I’d be unable to reach.
d)I thought about it a second and said I wanted it dismissed. The judge then changes his mind and gives the state more time. Then they weren’t even ready b/c the cop was on vacation once again when the trial date was set! They kept doing things like this or setting the trial date to an administrative court session as if it was an accident while they continued to apply pressure.
e)It’s important to note that they had already gotten my mother evicted from her apartment through Section 8 telling them lies about me and that I was living there against their rules (when I was on the lease regardless!)
f)They claimed that I was living there even when I had orders/receipts showing I was living in a hotel in Charlotte while on orders which the Marines were reimbursing me for.
g)They claimed as evidence of me living there that I was receiving mail there (my only reliable address) and presenting arrest reports. (One of which was when I came home from Camp LeJeune and they served a warrant to the WRONG address and shoved the door open when they were told they could NOT search the home… the other was an arrest report from the initial District Court charges which was at a totally separate apartment!) Either way they had no reason to be involved nor to testify (which I have an audio recording of Hoppes lying during the hearing about me and where the card was used).
h)The reason behind this was to violate my bond, place me back in jail where they could continue my case repeatedly again without taking me to court in an effort to make me plea out just to get out of jail.
i)This is the same objective behind the superseding indictment which would be used to reset a bond which they knew I’d be unable to come up with.
j)Also… the repeated continuances are a direct attack upon my willpower and capability especially financially to fight the case itself.
k)Case finally goes to trial. A lot of lies and manipulation is had which results in my wrongful conviction.
l)I have nowhere to live b/c I cannot be at my mother’s thanks to the detectives causing such a ruckus that I’m forcibly removed from the lease as well as limited on how much time I can spend at her home!
m)I am forced to move in with my Father I have not spoken to in nearly 6 years whom molested my little sister, my brother, attempted to touch me, beat all of us and repeatedly causes problems with his controlling psychotic nature.
n)I went into a very deep depression which I have only recently begun to climb from.
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