To: Jimmy Berry
Re: Kerry Walker’s Case March 26, 2005
I have not heard anything at all about this case since the evidence was tampered with at trial on December 19, 2003. (Except for the
new incorrect indictment and the January 8, 2003 arraignment.) Jeff and I had assumed that it was being left to decay because of all that
was wrong with it. I had just talked with Jeff a few days before getting this letter, and he told me that they would be crazy to take me to
trial. Then, after taking a letter to the DA’s Office and attempting to get this indictment dismissed, I get this letter in the mail a few days
after taking this information to the DA’s office. My trial was well over two years ago and this incident is three and a half years old and
their telling me that I’m going to trial next month. How can the State get away with doing this and is there any motion we could
file to give us more time?
There were never any transcripts of the tapes done by Detective Massey in his interview with Ms. Wagner. There was an interview by
Detective Peavy with Jackie Wagner on September 20th, 2001, and then there was an interview by Detective Massey with Ms. Wagner
on December 12th, 2001. We never got any transcripts of this interview with Detective Massey.
I have never been able to get the State to give me a copy of this recorded conversation on Ms. Wagner’s answering machine. (This tape
is critical to my case, because it has me saying “Bye” before I believe I said “Bye” and just before Jackie Wagner admitted to hitting me
in the hotel room.” This tape alone would prove her to be a liar and to have committed this act of violence against me that she denies. I
have contacted the phone number and it is not correct, “404 424-1444” and I can’t find this business listed under, “Mary B. Wilson,
Owner, ProToType Secretarial,” and the business is not at this address of “3007 Cherokee St. NW, Kennesaw, Ga. 30114.”
“Transcribed on December 10, 2001.” Jeff Rusbridge tried to get this tape as well but the State apparently could not find it. Jeff is a
witness to the fact that I have been trying to get this tape since the beginning of this case. We need to get a copy of this recording.
In the very beginning of my case, (as Jeff has told me he will attest to), I asked Jeff Rusbridge to file a Motion for a Speedy Trail. He
never did this. I asked him if he had filed this motion yet sometime later and he told me that he had not filed it. I asked him why, and
he told me that it makes the State mad and they put you on every trial calendar. I have a letter dated December 25, 2002 and stamped
“received” by the office of Robert M. Dyer and Assoc. and addressed to Jeff. This letter confirms the fact that I asked my legal counsel
to file this motion, and it was never filed. I also asked George Weaver to file a Motion for a Speedy Trial after looking into certain
aspects of my case, and I have a letter stamped “received” by his office on March 26, 2003 that reflects this fact, and again this motion
was never filed. Can’t a motion be filed for a dismissal of my case based on this violation of my right to a speedy trial?
The fact that evidence key to my case, (the thick layer of dust on the shaft of this crossbow), was ignored by Detective Peavy (he is no
longer an investigator) when picked up by the State and I told him about it, and then at the December 19th trial it had been cleaned off.
Jeff Rusbridge and an “expert” witness is aware of both the fact that Mr. Peavy refused to consider this evidence when I attempted to
show it to him, and the fact that it was cleaned off for trial. Mr. Rusbridge is a direct witness to the fact that it was cleaned off for trial
and that the State had been notified to preserve this evidence in its original state. (In other words not to disturb this thick layer of dust on
the shaft of this evidence.) Judge Sumner also made a claim that there would be some hearings as to the “Chain of Command” of this
evidence but then he seemed to back off of this. Judge Sumner clearly made light of the fact that this evidence was tampered with. The
fact is there has been nothing done in over two years about this evidence being tampered with by the State. There must be some
motions that could be filed to consider this “Felony Tampering with Evidence” and the effects this has on my case before I go
to trial.
When I told Jeff that I was trying to come up with then money to hire you, he said that if I hired you that he doubted that it would ever
go to trial after you presented all the evidence to the State. Ms. Helppie is no longer in Cherokee County so I guess someone else is
handling it now. Jeff seems to believe that the person that got this case was not aware of all that has taken place in it or of all the facts,
otherwise they would not have pursued it. Can you let the prosecutor know the facts of this case once you are aware of them and
possibly keep it from going to trial?
I just wonder how I can expect to get a fair trial in Cherokee County after all that has been done to me here. I am very serious about
this. I do not feel that I can get a fair trial in this County with all that has gone on. Is there anyway to bring up the fact that I can’t
get a fair trial here in Cherokee County?
After what I have seen of this system in Cherokee County, I have a sane and rational fear of it, but I am willing and ready to go to
trial if I have no other choice in the matter. I just don’t believe that I can get a fair trial in my town after all the wrongs that
have been done to me here.
Regards,
Kerry Walker
