Jimmy D. Berry

Attorney at Law

236 Washington Avenue

Marietta, GA 30060

Dear Jimmy, May 10, 2005

I hope this letter finds you in good health and in good spirits. I came to your office on Monday, March 21st to discuss my case with you. I explained the fact that the former detective Peavy never interviewed the only witness at the scene. I told you how I filed a report the same day of the incident and how this report lacked critical information as I had reported it, and how Jackie Wagner did not file a report until four days later, yet her report was the only report investigated. I told you how I believe a transcript from a recorded conversation that would prove the alleged victim to be violent and a liar, was doctored to end with my saying “Bye” way before this conversation actually ended. I gave you a copy of this transcript. I explained to you how the former detective Peavy, when he came
out to my home to collect this evidence, ignored critical evidence pointing to my innocence after I attempted to specifically point it out to him. I told you about this evidence being brought into a trial setting, and how the former investigator Peavy, or some officer of the State, committed the crime of Felony Tampering with Evidence, by intentionally cleaning the thick layer of dust off of the shaft of this evidence, which was the crux of my defense. I explained to you how this evidence was definitive in proving that this crossbow had not been cocked or loaded, as the alleged victim claims in her statements, and how we had brought an “expert” witness out to my home to observe this evidence, along with my attorney at the time, Jeff Rusbridge. Your response to this was, and I quote, “It doesn’t surprise me that they have done all this. They do whatever they want to in Cherokee county, because the judges let them get away with it.”

I told you that I had spent tens of thousands of dollars fighting false allegations against me, and how all the evidence I had was proof of my innocence, but the State would not consider the facts. I explained to you that I was broke, and how I had not been able to leave the state to work as an instructor for the United States Parachute Association during the winter because of my bond conditions. I explained to you how George Weaver had kept $7,500.00 of my money, and, although we had some differences years ago, I mentioned that I would first ask him if he would represent me in this case. You told me that if I gave you this $7,500.00 that I would have to pay Mr. Weaver if he would take my case, that you would start working on my case, and allow me to pay you more when I liquidated some more of what little assets I have left. I decided that it would be in my best interest to hire you, and on March 29th, the day before my calendar call, I came by your office and paid you $7,500.00, yet this was all the money I had left to my name. In fact this money was what I had been saving for a new $11,500.00 tandem rig, so that I could earn a better livelihood in what I was trying to do, and hopefully earn enough money when the weather broke to catch up on my bills.

I went to calendar call the next day, and I hung around all day to watch an innocent man get convicted of a burglary that, I believe, he definitely did not commit. I watched a jury give a note to a judge at 1:30 in the afternoon stating that they were “hopelessly deadlocked” and then within minutes after returning from lunch this jury had reached a verdict of “guilty.” I wanted to stand up and tell this judge and this jury that they just convicted an innocent man! I wanted to know which juror or jurors changed their mind during lunch and why! But I knew if I did I would go to jail for contempt. I have talked to Corry’s mother and his girlfriend since that day, and they are both completely shocked of his conviction, and maintain his absolute innocence. In fact, the only reason he got convicted is
because this “detective” claimed to have seen some of this stolen property, which was nothing more than a bunch of junk, in the basement of his mother’s home. The strange thing about this is the fact that this detective never collected this stolen property as evidence or to return it to it rightful owner!! There was no evidence beyond a reasonable doubt that this man committed this crime, and it amazes me that a jury convicted him and, even more amazing is the fact that no appeal has been filed. This man was walking through a field looking for a coon dog, and gets arrested for “intent to commit burglary” and then a Grand Jury upgrades his charge to “Burglary” and he is convicted. I know you were not aware of the facts of this case as I feel I was from talking to him and his attorney, but after he was convicted and put in a cage for something I fully believe he did not do, everyone seemed to find it funny, including his attorney, and I’m sorry, but I did not see anything funny about it. Why are we so superficial in this country about the fact that some estimated 100,000 men and women are locked up in cages for crimes they did not commit? The very fact that DNA evidence has cleared 1 in 8 human beings of murder on death row is far more that just amazing. I think it is a crime that innocent men and woman have to endure the pain of being put through this process, and it is nothing less than a crime to put innocent people in jails for crimes they did not commit. In fact, I believe, this system and the way it operates in the selfish way it treats people, contributes to the violence we have in our society. There was a recent case in Bartow County where a man, Dexter Springer, sat in jail for over a year and a half for a murder that he did not commit. He constantly and relentlessly conveyed the fact of his innocence. The police fixated on him immediately from incidents in his past, as they did on me, and, as in my case, there was little investigation done at all. Because of the lousy investigative work and the good work of his attorney, this man was exonerated of all charges stemming from his arrest. I will enclose a copy of this article.

You and I talked about this case with Corry Woodall briefly after he was convicted, and I explained to you the basic facts of this corruption and criminal behavior that has taken place in my case. You stated, and I quote, “You need to focus on your case and not worry about this corruption because you are not going to be able to do anything about the corruption.” I said, “If I don’t fight for the truth about what they have done to me in this case, which involves incredible corruption, violations of my rights, and crimes against me, they will put me in prison for twenty years for a crime I did not commit.” You then said, “Well, we can fight the corruption, we just have to do it right.” And I said, “Well let’s fight it, and lets do it right.” I would love to have the opportunity to discuss with you what
you mean by “we can fight the corruption, we just have to do it right.”

I got a letter from your office a couple of weeks later stating that you would not attend any hearings or file any motions, and basically would not work on my case until you got full payment of your $10,000.00 retainer. This letter did not bother me, because I knew that it was just your office responding as a formality, and I knew the agreement you and I had made that day in your office. After about a month had gone by since receiving this letter, and after you called and counseled one appointment that I had with you, and having discussed practically nothing or learned little from you about my case, I began to wonder what was going on. I figured maybe I had been mislead or maybe I just misunderstood you, and that you weren’t going to do anything on my case until you got paid this money in full. I sent your office an email inquiring into this, and, after explaining our oral agreement that was made on a hand shake, I asked for your office to let me know if this was not true. I never got a response on this, so I assumed in the positive that our agreement stood. I have now left three messages on your voice mail, and have yet to get a simple return call. I really don’t understand what is so difficult about pushing those little buttons on a phone. I came up with another $500.00 and I sent this to you last week. In fact I called today and talked to Tonya, and she did not know that the money order was in the package that I sent. She looked again and found it. I now have the final payment and it is included herein. Here is your check for $2000.00, which is the balance in full on your $10,000.00
retainer.

Jimmy, you do not know me at all, but I am a simple man and like to live an anonymous and simple life. I have learned a great deal about our system and I am fully aware of how there can often be collusion between lawyers and judges and lawyers and the DA’s office or the “system”. I am a very truthful person and will not cheat or scam someone out of a penny, and I will not go along with any form of corruption or dishonesty. I am very outspoken and this has gotten me into most of my troubles, but I refuse to stop speaking the truth as I observe it. I was in no way wanting to offend you when I asked you if you were going to work for me or work for the State. Your response seemed very genuine when you said, “Why would I do that?” I trust that you will work 100% for me and fight for justice in my case.Jimmy, I have lost everything because of some very bad choices in my involvement with some very low class women. If I knew what I know now about the common characteristics of dangerous women, I would have not been involved with these women at all. I was very gullible back then, and just trusted everyone and told them all about my past. Now I don’t trust anyone, until they earn my trust.

I have done more research on the law and our judicial system than you would probably believe, and I have read many books that have opened my eyes to the way this system operates. I have read books such as “INNOCENT – INSIDE WRONGFUL CONVICTION CASES” by Scott Christianson, “THE FAILURE OF THE CRIMINAL PROCEDURE REVOLUTION” by Craig M. Bradley, and I have read many other books on the subject, several written by judges with decades of experience on the bench. I have enclosed an article called “The Fraternity: Lawyers and Judges in Collusion—Law loses its way,” by John F. Molloy, an attorney who began practicing law in 1946, and was elected to the Arizona Court of Appeals and who wrote the final Miranda decision for the Arizona Supreme Court.

I fully believe that if my case was pursued diligently that it would be very doubtful that I would go to trial. In my view, and I may be wrong, there have been too many wrongs committed for this to ever get to trial if all these issues where presented strongly by legal proceedings and motions. I have spent, God knows, thousands and thousands of dollars on lawyers, yet it seems that little has been done to help me and I have always been kept in the dark. I have sent you a list of things that I consider important for you to look over. I’m open minded, and I am willing to listen to your views on my case, so please do not hesitate to discuss them with me.

I look forward to having the best attorney anyone could hope for working on my case, and I look forward to working closely with you on it.

Blue skies,

Kerry

Kerry's case Dear Jimmy.doc