Tonya (and Jimmy), June 1, 2005

I have not heard anything from Jimmy for several weeks. I needed to talk to him to ask him a specific question pertaining to this weekend but was never able to do so. If I have upset him in any way and he is ignoring me, I apoloize, as that has never been my intent. This case should not be about personalities, unless some type of wrongdoing is involved. I am an honest man and I say what I think and what I feel.

I have no way to contact him besides this voice message at your office, but I never get returned calls from that system. I have asked him to consider many motions, and other questions, all put in writing, but I have not gotten any answers from him on these many questions. I have asked about this audiotape several times, but there is never a definitive answer. My next question about this tape is,
“How can the State have gotten a transcript made of a recorded message on a tape (that has been doctored), and now not have this tape?” Additionally, I need to know if Jimmy has filed a motion to move my case to another county? I think Bartow would be good, but I would ask Jimmy what he thinks first.

I have talked with Michael Hobbs and Daryl Robinson of the Attorney General’s office, and I have been directed first to ask the District Attorney for an investigation into my case. I have prepared a petition on this that I would like for Jimmy to look at. He is my lawyer and I have so many important questions for him that remain unanswered. My case if very complex and I feel that I would win this fight if I had a good and honest lawyer helping me to competently stand for the truth. I have a limited time to work on this case, and Jimmy knew this from the start. I just wish he would let me know the answers to my questions and give me his expert opinion on them. I hope he will communicate with me soon and tell me what is going on with my case and what is being done.

I have given you a sample of some facts that I believe could be used in the way of filing a Motion for a Change of Venue. My only desire is to help.

I have suffered through three years and eight months of this crap and as my first attorney turned witness, Jeff Rusbridge, said, “They ruined your life.”

Please respond in writing as soon as possible.

Regards,

Kerry

Please see some of my ideas of facts for a motion below.

To the Honorable XXX

Re: Motion To Change Venue To Bartow (or other) County Superior Court Due To A Conflict Of Interest

I am totally of the hardened opinion that there is a conflict of interest for me, as a person of the State of Georgia and a resident of Cherokee County, to undergo a jury trial in the venue of Cherokee County. I believe that my rights of due process would not be served in a courtroom setting in Cherokee County. There is too much prejudice against me because of my accusations of wrong doing by an Officer or Officers of the State as based on the following reasons.

1.The defendant filed a Incident Report that same day, and the alleged victim did not file a Incident Report until several days later, yet the defendant report was ignored and marked “closed” and never investigated, and the alleged victim’s report was marked “open” and investigated the next day.
2.The former Detective Peavy showed prejudice against the defendant from the beginning as he had had shown a prejudiced attitude in a previous incident.
3.The former Detective Peavy said that he could not see a bruise the defendants when the defendant attempted to show this bruise to him and another detective. This bruise on the defendant’s chest was clearly visible if anyone looked.
4.When the defendant allowed the former Detective Peavy to take a picture of said evidence, and after said picture was taken, the defendant asked the detective to take a picture of his severely blacken eye, at which time the detective “acted” as if the camera was out of film, and stated, “Oops, the camera must be out of film.” This was after one Polaroid picture was taken of said evidence.
5.The former Detective Peavy declined to interview the only witness at the scene even after asking the defendant about any possible witness and after it was pointed out to him that this witness was there at the defendant’s house and at the scene of the alleged incident at that very moment.
6.The former Detective Peavy or some Officer of the State doctored a transcript from a recorded conversation between the defendant and the alleged victim, and the transcript in the statement by the defendant, “…so there goes my chances for a Pardon,” the word “Pardon” was replace by the word
“car”. The conversation was ended well before the conversation was over, and the word “Bye” was inserted into the transcript. The alleged victim’s statements admitting that I did not him myself were removed from the transcript.
7.The former Detective Peavy, when collecting evidence over two months after the incident, intentionally and with malice, ignored a critical fact about this
evidence that would have proved this woman’s story to be fabricated and, thus proving the defendant not guilty.
8.The former Investigator Peavy or some officer of the State altered this evidence before it was brought into a trial setting, thus illuminating evidence that was the crux of my defense in proving my innocence.
9.The Incident Reports filed by the defendant were never accurate and often failed to mention critical information reported by the defendant.
10.When the defendant attempted to contact a specific deputy to bring these facts to bear, the defendant’s call was never returned.
11.When the defendant attempted to file “Supplemental Reports” he was refused the right to do so and was threatened with arrest for trying.