----- Original Message -----
Sent: Tuesday, April 12, 2005 10:21 AM
Subject: RE: Kerry's case
My exact words to you were, “I must refer you to Internal Affairs”. I did so on March 23, 2005 at 5:20 PM when I sent an email to Lt. Baggett giving him notice that I had talked with you and that he should be receiving an AIC from Mark Anderson. I also forwarded him your email letter to me.
In the Incident report filed on March 20th (case number 05-22468) documenting your complaint, Deputy Mark Anderson stated that he created an AIC (Allegation Information Commendation) form and forwarded it to IA. Our Policy requires that all AIC reports be sent to Internal Affairs. The exact quote from Deputy Mark Anderson is,
“I issued Walker a case card and informed him that I would initiate an incident report on what he told me this date, and submit an AIC with regards to the allegation against the deputy. End report.”
I assumed that Lt. Baggett would receive the AIC and start working the complaint, since neither Peavey nor Anderson work for me. Lt. Baggett is correct that the policy is that the division commander usually works the complaint or refers it to IA, however, I did not receive the complaint, Deputy Anderson did.
I met with Lt. Baggett at 0800 this morning to find out what the status of this case was. This is when I learned that he had not received an AIC form from Deputy Anderson.
I am forwarding a copy of this email to Lt. Baggett as well as Deputy Anderson and his supervisor Sgt. Moss. I am formally requesting that Sgt. Moss inquire to see if an AIC was filed, and if it was filed to determine where it is.
I am formally requesting Lt. Baggett review the case.
Personally, I believe that your complaint is not one for my office. If there is proof of mishandling of evidence, false statements or lies on behalf of the victim, witnesses, or officers in a criminal case that must be brought up by council during trial. If the court finds your claims to be true then you have reason for acquittal, or for a finding of not guilty. I can only assume that the court did not find proof of any of these allegations.
As far as your bewilderment as to why Judge Sumner held no evidentiary hearings, if you were represented by council it is their responsibility to file for those hearings. If you don’t agree with the finding of the court, you need to appeal your convictions.
If you are alleging that the judge made errors in the case, I refer you to the Judicial Qualifications Committee of Georgia. When I say I refer you to the JQC, do not assume that I am not making this referral for you. If you have a complaint against the judge you need to file it with the JQC yourself.
I left a message on your voicemail today to talk with you rather than just converse through email. Feel free to call me.
Captain Edward Lacey
770-928-0239
-----Original Message-----
From: Kerry Walker [mailto:kerrym1@mindspring.com]
Sent: Monday, April 11, 2005 11:21 PM
To: Edward D. Lacey
Cc: Timothy J. Baggett
Subject: Re: Kerry's case
Why did you lead me to believe that this was being turned over to Internal Affairs, when it had not?
Please pardon the delay in my response to your e mail. Before responding I wanted to confer with Capt. Lacey, commander of our Criminal Investigation Division, to ascertain what action he had already taken regarding your complaint. Normal procedure at Cherokee County Sheriffs Office when a complaint is received by a division commander is that the complaint is reviewed and a decision is made as to whether the division commander will handle the matter at division level or refer the matter to Internal Affairs for further investigation. Because you first wrote to Capt. Lacey and made him aware of your allegation against Det. Peavy it was the captain's call whether or not to refer the matter to Internal Affairs. I have heard from Capt. Lacey regarding my question to him as to whether this matter was handled at division level and he informs me that it has been. Therefore, my office has not been tasked with, and will not be, conducting an inquiry into this matter. I apologize on behalf of whoever gave you the incorrect information that this matter was being investigated by Internal Affairs.
----- Original Message -----
Sent: Friday, March 25, 2005 4:19 PM
Subject: RE: Kerry's case
Mr. Walker,
I have had the opportunity to review this case, as well as all the reported incidents reported to this agency since 1998 (with you reported as victim as well as suspect) . I find it unfortunate that in the past 7 years you have been victimized by not only Jacqueline Walker, but also by Tena McDonald and your previous wife Becky Ann Walker.
Due to the complexity of this issue, as well as the current case that you have before the court, I must refer the decision of guilt or innocence to the court system of this county. If you believe evidence has been tampered with, you must refer this to the court for a decision.
As far as impropriety by an officer, I must refer you to Lt. Tim Baggett our Internal Affairs officer. I know that Deputy Anderson has forwarded your complaint to him already.
Captain Edward Lacey
-----Original Message-----
From: Kerry Walker [mailto:kerrym1@mindspring.com]
Sent: Wednesday, March 23, 2005 10:56 PM
To: Edward D. Lacey
Cc: Dr. Charles E. Corry; John Henderson; Jeff Rusbridge
Subject: Re: Kerry's case
Captain Edward Lacey, II
Criminal Investigations Division
7545 North Main Street
Woodstock, Georgia 30188
Dear Captain Lacey, March 23, 2005
I want to thank you for getting back to me. I also want you to know that I’m not trying to bring anyone harm and I realize we all make mistakes. I know I have made some. I have been sober now nearly thirteen years, and I have lost everything and my life has been ruined by this nightmare that is not over yet. There is an old saying, “Don’t get into a pissing contest with a skunk.” I have no desire to do that. I believe some of the things that have taken place have been because of some bad judgment and jumping to some conclusions based on what appeared to be true. When left in the dark people tend to make up their own realities, which are seldom accurate. I can promise you that I am not just a guilty man claiming my innocence, I am innocent and I was the victim in this scenario that was created by this very sick woman in this two week off and on relationship. All I am after is to put this completely behind me, where it belongs.
Do you have the original case numbers from the incidents in question?
The original case number is I 05 95019. The indictment case number is 02-CR-0053, this
indictment was dismissed and a new indictment was issued and that case number is 02-CR-1029.
What are the dates of the incidents in question?
The actual incident happened on September 16, 2001.
I filed an Incident Report on September 16, 2001 with Kenneth Johnson Ii, case number I 01
94911.
Jackie Wagner filed an Incident Report on September 19, 2001.
Detective Peavy came out on September 20, 2001 to investigate her report. Detective Peavy
came out with several others on December 19, 2001 to collect my crossbow w/bolts.
My trial date was on November 19, 2002 before the Honorable John B. Sumner.
I now have a new trial date (after hearing nothing for over two years) on April 18, 2005.
Note: There was a Stalking TPO also filed on me by her, but Judge Sumner found insufficient
evidenced and the Stalking TPO and the Petition for the Stalking TPO was dismissed. (File no.
01-CV-2020)
What is the (alleged) victim’s name?
Jacquelyn Wagner
Since this is a 2001 case, what is the event that took place today that caused you to write to me
about this incident?
I was led to believe that my case had been left to decay. I recently attended a Committee
Meeting at The HOW Place to make a formal complaint about Ms. Wagner stalking me at these
meetings, harassing me, and calling the police on me for no reason. (She called 911during my
sobriety birthday celebrations and several other times.) The Committee decided to give her a
“warning” and they picked this woman to do it. I gave this woman some paperwork and
explained to her that this was only for her to understand the facts of the case, and it was not
to be giving to Ms. Wagner. Apparently this woman betrayed me and gave these documents to
her. I got wind that someone from the State was upset about it so I simply took copies of the
Incident Reports and the information from this committee meeting to the DA’s office with a
letter asking for these charges to be dismissed against me and the next thing I know I get a letter
from the DA’s office with a new trial date for next month. I had just got in from a long day
working at the airport in Monroe, when I opened this mail. I then came home and after thinking
about it I decided I should called 911 and file an Incident Report on Detective Peavy for violation
of oath of office and for tampering with evidence. I met with a Deputy White and then with
Deputy Mark Anderson, and on March 20, 2005, I filed the report on these facts—report number
05-22468.
I hope this information is helpful to you and saves you some time in your inquiry into this.
Blue skies,
Kerry Walker
----- Original Message -----
Sent: Wednesday, March 23, 2005 4:47 PM
Subject: RE: Kerry's case
Dear Mr. Walker,
I have received your inquiry and will look into it. It will save some time and be helpful is you could provide me with some useful information to assist in my inquiry.
Do you have the original case numbers from the incidents in question?
What are the dates of the incidents in question?
What is the victim’s name?
Since this is a 2001 case, what is the event that took place today that caused you to write to me about this incident?
Thank you,
Captain Edward Lacey
Cherokee Sheriff’s Office
-----Original Message-----
From: Kerry Walker [mailto:kerrym1@mindspring.com]
Sent: Wednesday, March 23, 2005 2:12 PM
To: Edward D. Lacey
Cc: Dr. Charles E. Corry; John Henderson; Jeff Rusbridge
Subject: Kerry's case
Captain Edward Lacey, III
Criminal Investigations Division
7545 North Main Street
Woodstock, Georgia 30188
Dear Mr. Lacey, March 23, 2005
I am writing you because of some concerns I have about the way Detective Peavy has handled a case against me. This is a case from an alleged incident that happened on September 16, 2001.
When Detective Peavy came out to my home to investigate a report filed four days after the date of the alleged incident by the alleged victim, the only witness on the scene at the time of the alleged incident was never interviewed, yet he was right there on the scene at the time of this so-called investigation. Detective Peavy asked me if there were any witnesses and I told him about Drew Mayo and I told him that he was here now and asked him if he would like to talk to him. He said, “No. That will not be necessary Mr. Walker”, and shook my hand and left. There was another investigator with Detective Peavy, but he had very little input.
After my arrest I called Detective Peavy and I asked him why he didn’t investigate the details of this before having me arrested. I told him how I was working hard to get a pardon from 1986 drug arrest and plea. I recorded this conversation and have it on tape. It is amazing how this detective makes it so damn clear that he does not care about the truth or about what happens to me. I don’t know why, but this detective seems to have some kind of dislike for me, and I wish I knew the answer to this. I believe that the jump to having “probable cause” was made by some simple facts being taken out of context. This woman’s Police Report is full of lies and one of them was the fact that an incident where she fell into a bathtub happened at my home at 4590 Knox Bridge Hwy. When I took these detectives into my Jacuzzi Room to get into some bright light to show them a bruise on my chest, the investigators immediately noticed that the wooden towel rack had come off the wall and was laying on the vanity. This fact is that this incident of this woman falling into a tub was an accident from me opening the bathroom door after she had slammed it on my heard, and then her, simultaneously, pulling on it. She later admitted that this was an accident in an interview with the detectives. She also later admitted that this did not happen at my home as she originally alleged, but at a Holliday Inn Hotel in Cedartown. This woman is a prolific liar and this is evident in studying this case. The problem is Detective Peavy and his dishonesty and incompetence in all this.
When the detectives came out to my home to seize my stepsons crossbow that this woman claims that I cocked, loaded, and pointed at her for no reason, I asked Detective Peavy to let me show him something that would, in of itself, prove this to be a lie. There was a thick layer of dust on the shaft of this crossbow from where it had set unused for over 2 ½ years. I was saluted by the City of Atlanta as an outstanding champion in Archery and, as per instructions I waxed the shaft of this crossbow when shooting it to protect the string from the friction of sliding on this shaft. This 150 lb. crossbow could not have been cocked without this dust being cleaned off the shaft by the string as it was pulled back. This crossbow was yanked from me without concern for this fact. What Detective Peavy did not know was that my attorney, Jeffery Rusbridge, and another witness that is an “expert” on crossbows, had observed this fact of this critical evidence a short time after the alleged incident.
When I went to trial on this over two years ago, this crossbow was brought into the courtroom with this shaft having been cleaned off completely, thus eliminating evidence that was part of the crux of my defense. This is all documented on the transcript of this trial. Why Judge Sumner did not dismiss this indictment against me that day, I will never understand. In fact there has been no hearings or investigations into the tampering of this evidence, which is a felony.
Please notify me of your findings on this.
Blue skies,
Kerry Walker phone (404) 886-2503
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