NOTICE TO READER FROM SITE OWNER
In 2001 Kerry Walker was attacked by an assailant, then he was arrested as the perpetrator,
and then the government tampered with evidence to try to manufacture guilt,
while allowing the assailant to walk free with impunity.
It is now April 2010 as of this writing. In all that time (103 months) while this gentleman's case
has been shoveled through the court system, he has never had one hearing scheduled to
present his side of the story or the facts of his case.
Does this sound like the workings of a fiction novel? It sure does but unfortunately it is the truth.
If you can assist Mr. Walker in exposing the truth about his case,
please contact him to let him know he has some support from someone who cares.Update 9/1/10:Mr. Walker had a hearing on 8/20/2010 in Cherokee County, Georgia, with Judge Murphy C. Miller presiding, to consider his request for his arrest records and all other records pertaining to his arrest to be expunged from the record. Mr. Walker was prepared for this hearing and brought half dozen brief cases full of documents, at least 30 recorded tapes and videos, along with a citizen witness, an expert witness, and an attorney who had become an important witness to the former Detective Preston Peavy's and the State's felony tampering with evidence. Finally Mr. Walker was in a hearing with his evidence to be presented, but this would not happen because counsel for the Defendants, Kendrick K. McWilliams, would have no opposition to Mr. Walker's expungement request. This was a Victory for Mr. Walker's very long battle for the truth in a broken system. At last, now this critically important case can move forward to the Georgia Court of Appeals. We will continue watching this case and reporting major updates here. Mr. Walker needs all the support he can get so if you can assist in some way, please contact him. His contact information is on this website.
Going through the appeal process can be a long and costly endeavor. Donations as well as any type of military personal loans may be used to help pay for the legal fees.
Retiring CFTC Judge: We Covedred Up Market Manipulation
Wednesday, October 20, 2010 – by Staff Report
NEW DEVELOPMENTS IN THE CFTC (Commodity Futures Trading Commission) SCANDAL: On September 17, 2010, CFTC Administrative Law Judge, George H Painter, issued a "Notice and Order" announcing his retirement from his position. In this notice Judge Painter wrote of a conspiracy at the highest levels of the CFTC (within the ENFORCEMENT DIVISION) where a long time judge of 20 years has been conspiring with past CFTC Chairs to RIG THE ENFORCEMENT OF THE LAW by NOT finding ANYONE guilty of market manipulation. Here are Judge Painter's own words:
"There are two administrative law judges at the Commodity Futures Trading Commission: myself and the Honorable Bruce Levine. On Judge Levine's first week on the job, nearly twenty years ago, he came into my office and stated that he had promised Wendy Gramm, then Chairwoman of the Commission, that we would never rule in a complainant's favor. A review of his rulings will confirm that he has fulfilled his vow. Judge Levine, in the cynical guise of enforcing the rules, forces pro se complaints to run a hostile procedural gauntlet until they lose hope, and either withdraw their complaint or settle for a pittance, regardless of the merits of the case"
Judge-Painter-Notice-and-Order
Here are some highlights of the Kerry Walker case. For more information on the case,
please check the bottom left column on this page.
To see the latest updates on Kerry’s case click on this link
ORDER GRANTING PAUPER’S AFFIDAVIT, Cherokee County, December 10, 2010 – Note: More Good News!!! My Pauper’s Affidavit was GRANTED (again) and now my 20 million dollar lawsuit will move on to the Georgia Court of Appeals. This is good news, but there is one twist—The Court will determine the record to be transmitted to the appellate court. This may not be within the guidelines of the law, but we’ll take it!! Now I will have my 1.5 million dollar lawsuit and this 20 million dollar lawsuit in the Georgia Court of Appeals. Now I'm poised to win big and to finally have justice served!!! But, please, when you think about my case, do as I have done throughout this long battle, think about the thousands of good men and women who are in prisons throughout this great country, but don’t belong there.
Doctored Transcription of Tape as Evidence – Note: This is supposed to be a transcript of a recorded “conversation” when I called Jackie Wagner the same day I was arrested. After I was falsely arrested on September 25, 2001, as soon as I got out of jail and got back to my home, I called Ms. Wagner. I recorded the conversation on my end, but the batteries were low in my recorder and it did not record the entire conversation. Because of this, I did not get a recording of a statement that cleared me in this case. I contacted my attorney, Jeff Rusbridge, and told him about the recording and he thought it was rotten luck that the batteries were low. A few weeks later I was talking to Mr. Rusbridge and he informed me of the good news that the state had also recorded the conversation and that the state was having a transcript done of the tape. I was elated and I re-affirmed that the tape would clear me of the false charges against me. It was months before we got a copy of the transcript and I was shocked to find out that it was nothing like the actual conversation, and it had been doctored to eliminate exculpatory statements and doctored to make it look as if Ms. Wagner did not actually talk to me. Detective Peavy’s thinking must have been this: Why would Ms. Wagner talk to me if what she claimed was true, that I had attempted to shoot her with a crossbow. Detective Preston Peavy was obviously behind this altered evidence so as to frame me for the crimes I did not commit and that he had already had me falsely arrested for. I told my attorney that he must get a copy of this tape. It turned out that the state said they could not find the tape. I contacted the professional transcriber, Mary B. Wilson, and she would never return my calls. Finally I drove to her office in Kennesaw, Georgia, and found that she had abruptly moved out of her office. I have never been able to locate her since. Over the course of four years and many Motions for Discovery we were never able to get a copy of this tape. The state continued to claim that they could not locate the tape, and that it had been misplaced. Then some four years later, when the state was taking me to a second trial, after the first trial ended with alleged felony tampering with evidence, the state claimed that they had apparently “lost” the tape.
Transcription of Conversation with Jackie Wagner – Note: This is a transcript of how the actual conversation went. I had some of the conversation on tape, and within minutes of the actual conversation and upon realizing that the batteries were low in my recorder, I transcribed this conversation down on paper. Had the state (and Mary Wilson) not altered the transcript it would have been very close, if not exactly, as I stated. When I stated that I had lost my chances at a “pardon” for selling a small amount of drugs in 1986, the word “pardon” was changed to “car”. Detective Peavy’s thinking must have been: Why would a criminal be concerned with getting a pardon? Ms. Wagner, in her first recorded interview with Detective Peavy, claimed that I had gotten my severely blackened eye, bruise on my chest, and small bruise on my left arm from hitting myself all night long and beating myself up. This transcript clearly shows there was a two way conversation and not just a message that I left on her answering machine. More importantly, her statements at the end certainly would have exonerated me and proved my innocence. My nightmare would have been over soon after it had gotten started if the former Detective Peavy had not tried to frame me for crimes I did not commit---and where I was in fact the victim of violence at the hands of a very unbalanced female.Account Of Indigency And Accountability For Pauper's Affidavit – Note: I have hearing that has been re-set for December 10, 2010 to consider the truth and sufficiency of my Pauper’s Affidavit. I have filed this in an attempt to be ready for this hearing. I should not be put into this position as my Pauper’s Affidavit had already been GRANTED in this case, and, by law, it should have been a FINAL ORDER. But I will just have to jump through another one of the many hoops I have jumped through during this very long battle. Because of cost, I was not able to send a copy of the many receipts or the overwhelming documentation to support the facts of my affidavit, but the Pauper’s Affidavit should cover this and I will take this information with me when I go to court. It cost me about $30.00 to get the six copies made and sent by U.S. Mail with the S.A.S.E. for return, and it would have cost many times this amount if I had sent copies of the receipts and other documentation. If I can win at this hearing and be allowed to continue in forma pauperis my case will go to the appellate court---and if I can get my case to the appellate court there is a good chance I could win a judgment.
Motion for Extension GRANTED – Note: I did not receive this notice that my Motion for Extension was GRANTED by the Court of Appeals of the State of Georgia by U.S. Mail until Nov. 24, 2010. Yet my Motion for Extension was FILED on Nov. 8, 2010 and I only had until Nov. 15, 2010 to have my Appellant’s Brief filed to be within the 20 day time limit. The system is broken and must be changed.
Filed Copy of Appellant’s Brief – ARGUMENT FOR APPEAL – Note: This FILED COPY of Appellant’s Brief shows that it was filed on Nov. 17, 2010. This Brief was mailed (and postmarked) on Nov. 15, 2010, and this postmarked date should be reflected in the filing date. But the court did not follow its on procedure and put the date filed as the date of arrival by U.S. Mail. This error of Nov. 17, 2010 was also reflected in this online posting by the Georgia Court of Appeals (as is shown in the Docket - Case Inquiry System) and it was corrected that same day by the court clerk and changed on the online posting (see Docket – Case Inquiry System) to Nov. 15, 2010. If the Motion for Extension had been DENIED by the court, my brief would have been filed too late and not within the 20 day time limit. The system is broken and must be changed.
Docket/Case Inquiry System-GA Court Of Appeals – Note: My appeal was DOCKETED on October 25, 2010 in the Georgia Court of Appeals. I had 20 days (in a row) from this date to file my brief. I filed a Motion for Extension on November 8, 2010. Because day 20 fell on a weekend I had until Monday, November 15, 2010 to file my brief (and by “file” I mean it would have to be postmarked by that day). As of Monday, November 15, 2010 I had not yet found out if my Motion for Extension was approved or not. Although I called and talked to the Clerk for Extension of Brief, Margo Bailey, as well as the Clerk of Court, Holly Sparrow, I could not find out any info until later that day. The court clerk, Ms. Sparrow, did everything she could to help me and she did let me know that my extension was approved, but that was at 4:52pm on the afternoon that my brief had to be postmarked. So I had no choice but to mail my brief and have it postmarked on the 15th of November to be within the 20 day statute of limitations. The fact that my extension had been GRANTED was not posted on the “real time” website until the next day, Tuesday, November 16, 2010—a day after the statute of limitations had run out! When I checked the website on Friday, November 19th, I noticed that my filing date was down as November 17, 2010. This would have been two (2) days late, had my extension been denied. I called and talked to Ms. Sparrow and told her that my brief was postmarked on November 15, 2010, and she checked and informed me that I was correct and that she would get it changed. Later that same day I checked the inquiry system again and the date for filing my brief had been changed on the website to November 15, 2010. Just imagine if my extension had been denied and this date had remained valid, my brief would have been filed late and would not have been a valid document. The system is fragmented and often broken, and these time restraints need to be lengthened to give a person more time to do a filing and more time for the courts to make rulings. Another interesting note: As of today, I have still not received a copy of the ORDER by U.S. Mail showing that my Motion for Extension was GRANTED.
Amended Notice Of Earnings Before False Arrest – Note: This is an amended detailed account of the money I made in the 3 years before I was falsely arrested on September 25, 2001. I had made a couple of typos in the first filing and had to re-file. The courts will not make any corrections to a document so you must re-file to change anything. It cost me around $40.00 get both copies sent out to everyone and to the court. Fighting to show how broken the legal system is so I might help others wrongly convicted or wrongly accused (and help bring down the broken system) and attempting to win my case is expensive. I have to use the money we need for bills, food, gas, etc, to fight this important battle.
Appellant’s brief – November 15, 2010 – Note: My appeal was DOCKETED in the Georgia Court of Appeals on October 25, 2010. I had 20 days (in a row) to file my brief in this case. By the legal standards if the 20th day falls on a holiday or a weekend the document must be postmarked by the next business day. In my case that would be Monday, November 15, 2010. I filed a Motion for Extension, asking for a 20 day extension, filed on November 8, 2010. Even though I contacted the court and talked with Holly Sparrow, clerk, and Margo Bailey, clerk for extensions for briefs, in an attempt to find out about my request (and I must say that Ms. Sparrow, clerk of Georgia Court of Appeals, was very helpful) I did not find out that my extension would be GRANTED (in a phone call from Ms. Sparrow) until 4:52pm on Monday the 15th of November. And I did not get the Court Action Date posted on the Court of Appeals website until Tuesday the 16th of November. I had little choice but to get my brief in the mail on the 15th of November to assure a proper filing by the 20 day deadline. This is another good example of how inept our legal system is in this great country. It is also interesting to note that e-filings for this court can only be done by a licensed attorney in good standing with the Georgia Court of Appeals and that a Pro-Se litigant does not have this option.
also see: Docket - Case Inquiry System - Court of Appeals GAOrder Granting Continuance And Resetting Hearing – November 10, 2010 – Note: This is the ORDER for a new date to consider the merits of my Pauper’s Affidavit. This is another hoop I will have to jump through. The fact is, according to law, Judge Murphy had already GRANTED my Pauper’s Affidavit for this case and that should have been a FINAL ORDER. But I will continue to jump through every hoop the system puts in front of me until I get my case heard by an impartial jury and have a decision rendered.
Financial records before false arrest on 9/25/2001: Note these are copies and proof of the payment history over the few years at my new job and up to the time just before I was falsely arrested and then railroaded for crimes I did not commit.
November 1, 2010 – Request for Continuance with Doctor’s Notes – Cherokee County – Note: This is a copy of the Request for Continuance I sent to have a November 8, 2010 hearing to consider the merits of my pauper’s affidavit moved to a later date. I hope I get this date moved to a later date to give me time to recover and to gather receipts for three (3) different storage buildings where I have been forced to store my belonging (most of them ruined) and to put together a detailed account of my incoming and outgoing monies to show absolute proof of the truth and sufficiency of said affidavit. The fact is, Judge Murphy C. Miller has already approved a Pauper’s Affidavit in this case and it should have been a FINAL ORDER. But I must proceed as usual and attempt to jump through another of the many legal hoops that have been placed in front of me by our fragmented legal system.
October 28, 2010 - Civil Jury Trial Calendar Call - Note: More Good News!!! This is a copy of the Civil Jury Calendar Call for my case on my land that was taken from me illegally and unethically by Wells Fargo Bank.
October 27, 2010 - Final Approval for Expungement - Good News!! Expungement Approved!! This is a letter and packet I received from the GCIC/NCIC Services of the Cherokee County Sheriff’s Office. It states that my request for expungement has been approved….but the document says nothing about my second case (CASE NUMBER 02-CR-1029) where I was falsely indicted (based on tainted, altered, and manufactured evidence) for AGGRAVATED ASSAULT, SIMPLE ASSAULT, SIMPLE BATTERY, OBSTRUCTING OR HINDERING PERSONS FOR MAKING EMERGENCY PHONE CALL. In fact, all exculpatory evidence was ignored, altered, or done away with (they said they lost it). This case started my nightmare in Georgia all over and it drug on until these charges were dismissed on November 23.
October 25, 2010 NOTICE OF DOCKETING--CASE NUMBER: A11A0409 - Note: This is a copy of the NOTICE OF DOCKETING for my case (case no. A11AO409) against the pathological liar who assaulted me and then filed a fake crime report...and who has continued to lie to authorities. I did not receive this document by U.S. Mail until October 29, 2010. My case is now set to be processed by the COURT OF APPEALS OF GEORGIA. I have a sufficient pauper's affidavit to cover the filing fees and now must get my brief filed by November 14, 2010.October 07, 2010 Signed ORDER on Plaintiff's Motion to Compel - Note: More Good News!! This is the ORDER signed by the Honorable Judge Jackson Harris ordering the lawyers for WELLS FARGO BANK to allow us to inspect documents that may help our case where they illegally and unethically took my land and trashed out my cabin. The Law Offices of Sam Maguire have refused to allow us access to these documents. I wonder why?
October 04, 2010 ORDER for Hearing on Pauper's Affidavit - Civil Action File No. 07-CV-3325
September 30, 2010 Paupers Affidavit- another filing - 9 30 2010 - Civil Action 07-CV-3325 - Note: My Paupers Affidavit dated March 10, 2010 was GRANTED by Judge Murphy C. Miller on March 24, 2010. According to the law, this should be a final order and I should continue in poverty status for the duration of this case. But things do not always go as they should in our legal sytem and I have now filed another Paupers Affidavit and will have a hearing to determine the sufficiency and truth of said affidavit. It is a bit bizarre, after what I have been put through, that anyone would question if I struggle to survive. I have, at times, used what little money I have to eat on (or to pay some bill) for gas to get to the post office or to a hearing, or to make copies, or for postage or to send out certified mail or even to get and deliver subpoenas. I now live in Tennessee and my cases and witnesses are hours away in Georgia.
September 30, 2010 - E-mail Communications with Patty Baker Clerk of Superior Court. Note: These are my e-mail communications with Patty Baker, Clerk of Superior Court in Cherokee County, Georgia. Although I mentioned a specific date for an appeal in my Paupers Affidavit, the ORDER from Judge Miller placed me in forma paupersi status which should allow me to proceed in this manner in any actions for case number 07-CV-3325. According to the law, the ORDER issued by Judge Murphy C. Miller is a FINAL judgment. But the current legal system in this great country does not often follow the letter of the law.
September 21, 2010 Letter to Patty Baker concerning status of Civil Case File No. 07-CV-3325
September 21, 2010 Letter to Patty Baker concerning ORDER GRANTING Paupers Affidavit in Cherokee County and the more recent ORDER GRANTED in Cobb County - Note: This is a letter that I sent to Patty Baker, Superior Court Clerk in Cherokee County, Georgia explaining my in forma pauperis status (poverty status) with a copy of the recent ORDER from Judge Adele Grubbs in Cobb County Superior Court. It also states the facts of my Expungement Claim that was GRANTED by Judge Murphy C. Miller. I make it clear that I will continue to fight for my day in court, even if it means taking this case to the United States Supreme Court. It goes on to state how I'm fighting for some 100,000 men and women in prisons throughout this country that are not guilty and that wake up every day with no hope.
More Definitive Statement of Amended Notice of Notice of Amended Appeal to the Georgia Supreme Court--Civil Case No. 07-CV-3325. Note: I was forced to file this appeal to the Georgia Supreme Court to be within the 30 days statute of limitations after the final judgment in this case. This appeal to the GEORGIA SUPREME COURT will apply only if the fraud of the Court at the hands of Deputy Clerk Missy Bergman is not corrected, otherwise Plaintiff's appeal will be to the GEORGIA COURT OF APPEALS.
September 20, 2010 Motion to Re-Apply to the Georgia Court of Appeals--Case No. 07-CV-3325
September 20, 2010 Letter to Patty Baker on request to file complaint against Deputy Clerk Missy Bergman - Note: This is the letter I sent to Superior Court Clerk Patty Baker on my request to file a formal complaint against Deputy Clerk Missy Bergman for extreme prejudice, dishonesty, and incompetence.
September 20, 2010 More communications with Deputy Clerk Missy Bergman - Note: These are more communications with Deputy Clerk Missy Bergman in Cherokee County, Georgia. This clerk fails to follow the letter of the law and actually practices law by her unjust, unethical, corrupted, and illegal actions. Once a Paupers Affidavit is issued in a case, the ORDER is considered a FINAL judgment, and must be honored for the term of the action on that case. In this case my Paupers Affidavit was GRANTED. She also states that my appeal was dismissed, but she does not seem to understand the legal aspects of the appellate court痴 reasons for rejecting my appeal. It is also very interesting to note that under House Bill 1055, which went into effect on May, 12, 2010, the cost per page of preparing a record for appeal increased from $1.50.00 per page to the absurd amount of $10.00 per page. The legal fact is this would not affect my appeal processes because my case was in the appellate process before this law went into effect. I sent a letter to Ms. Bergman informing her of her superficial and uncaring actions and I included the history of Hammurabi's Code as a reference to this code, along with the Ten Commandments, is posted on the courthouse wall in this backward town as a permanent fixture.
September 17, 2010 Letter to Judge Murphy C. Miller and copy of Prepared Order
September 17, 2010 More Definitive Statement of Amended Notice of Notice of Amended Appeal--Case No. 07-CV-3325 Note: I was forced to file this document to clarify the facts as they relate to my case to the deputy clerk in Cherokee County. It seems that she still does not understand the complex legal aspects of this case.
September 16, 2010 Transcript of HEARING ON PLAINTIFF'S AMENDED MOTION TO SEEK EXPUNGEMENT - CASE NO. 07-CV-3325
September 13, 2010 More Legal Documents Returned - Note: These are two more letters containing legal documents that were sent to Defendant on September 13, 2010 and on September 15, 2010. This make a total of four (4) letters containing important legal documents on this 1.5 million dollar lawsuit that have been returned to sender by U.S. Mail. There has still been no change of address notice sent to the court by Defendant.September 02, 2010 Legal Documents Returned - Note: These are two letters containing legal documents that were sent to Defendant on August 23, 2010 and on September 2, 2010. Both letters containing important legal documents on this 1.5 million dollar lawsuit were returned to sender by U.S. Mail. There has been no change of address notice sent to the court by Defendant.
September 13, 2010 Amended Notice of Amended Notice of Appeal - FILED COPY - CIVIL ACTION FILE NO. 07-1-10459-42 Note: Good News! - This is the Amended Notice of Amended Notice of Appeal that I recently filed in Cobb County. I talked with the Appeals Clerk, Katti Lanham, in the Cobb Superior Court and she informed me that as soon as she finished with a big case in front of mine, she will send my case files on to the Georgia Court of Appeals.
September 10, 2010 Communications with Deputy Clerk Missy Bergman - Note: These are communications with Deputy Clerk Missy Bergman in Cherokee County regarding my attempt to get my appeal to the appellate court. Ms. Bergman seems to be practicing law and does not seem to understand the legal complexities of my case. My first attempt to appeal my case was dismissed because the appellate court can't accept a case that does not have a final judgment. My expungement claim was left undecided and, therefore, the order was not final. Now that there has been a Hearing on my Amended Notice to Seek Expungement and now that this issue has been ruled on, there is now a final judgment and my case can move on to the appellate court.
September 09, 2010 Crappy Little Town of Canton Georgia - A local police officer's temper reaching the boiling point. Police officer threatening to use his taser on a convenience store owner to send him "back to India". The officer was furious that the convenience store owner didn't get out of bed and rush to the store in the middle of the night to give them the security video they wanted. But it was that very video system that captured the officers threatening and cursing the store owner...click above to learn more.
September 09, 2010 - Amended Notice Of Notice Of Amended Appeal Cherokee County
September 08, 2010 Letter from Appeals Clerk Katti Lanham - Note: This is a letter I got from the Appeals Court Clerk, Katti Lanham with the Cobb County Superior Court. This letter has no logic for two reasons. The first reason is that I filed an Amended Notice of Appeal with no reference to transcripts in my case. The second reason is that, along with my approved Paupers Affidavit, there was an ORDER issued by Judge Adele Grubbs which ordered Ms. Lanham to transmit my documents to the Appellate Court. I had no choice but to file an Amended Notice of Amended Notice of Appeal to correct this clerk’s errors.
Note: This is the Amended Notice of Amended Notice of Appeal that I was forced to file because of errors by Katti Lanham, the Appeals Court Clerk for Cobb County Superior Court. I should not have had to file this document for two reasons. The first reason is that I filed an Amended Notice of Appeal with no reference to transcripts in my case. The second reason is that, along with my approved Paupers Affidavit, there was an ORDER issued by Judge Adele Grubbs which ordered Ms. Lanham to transmit my documents to the Appellate Court. I had no choice but to file this Amended Notice of Amended Notice of Appeal to correct this clerk’s errors!
September 02, 2010 - Amended Notice Of Notice Of Amended Appeal Cherokee County
September 02, 2010 - Letter to Katti Lanham Appeals Clerk Cobb County w encls
Unethical and corrupted actions of Wells Fargo Bank- There's something very wrong with what Wells Fargo is doing to people and the individual does not seem to matter anymore....
Evidence Ignored and then Eliminated - These are pictures of my crossbow that I took for evidence in my case. I filed a report the same day and it was never investigated.
August 20, 2010 - Change of Address legal notices
Order Granting Expungement Certified Copy
August 20, 2010 Witness Subpoenas - Note: These are the witness subpoenas that I spent all day working to get for my Expungement Hearing exactly a week later. As it turned out counsel for the Cherokee County Sheriff's Department did not have any objections to the expungement of my false arrests on September 25, 2001 or to the expungement of the false indictments that resulted from the tainted evidence at the hands of the former Detective Preston Peavy. Ironically, after nearly 9 full years that my witnesses have not been heard, they were to continue to remain silent at this short hearing. Nevertheless this was another VICTORY and all records, fingerprints, and booking photographs are to be EXPUNGED from the record.
August 02, 2010 Order approving Paupers Affidavit in Cobb County - Note: This is the Order Approving my Paupers Affidavit in Cobb County. Victory!!! Now my case is out of the corrupted power of Judge Adele Grubbs and is being transferred to The Georgia Court of Appeals.
July 08, 2010 Hearing on Merits of Paupers Affidavit - Note: I went to court today (7/27/10) for a hearing to consider the merits of my Paupers Affidavit. When my case was called and I went before Judge Grubbs I stated, "Good morning Your Honor" and the judge said, Good morning" and then I said, "I guess, uh, I'm here for you to consider the merits of my Paupers Affidavit." Then Judge Grubbs abruptly asked, "What is that in your ear?" I replied, "Pardon me?" She then snapped back with, "What is that that you have in your ear?" I said "It's a recording device, can I record a..." Judge Grubbs then jumped in saying, "Unplug it right now". I said, "Do what?" and the judge restated her demand by saying, "Unplug it right now". I then said, "Unplug it? I can't record a hearing?" and Judge Grubbs responded with "No you cannot record a hearing." I then responded, "I didn't know that. I thought it was legal for me to..." Then she jumped in again with, "According to Superior Court rules say you have to apply in order... I came right back with "Oh okay, I'm sorry Your Honor, I wasn't aware of that"...and as she was saying "Turn it off right now..." I was in the process of turning off the recording device. At this time she asked the bailiff to remove the device from me and as he walked towards me I handed him the recording device.
We then went forward with the hearing. I stated, "I feel that my Paupers Affidavit should be granted Your Honor because it does have merit and in a related case in Cherokee County, Case No. 07-CV-3325, my Paupers Affidavit was ruled on by Judge Murphy Miller, who is very aware of my situation and my struggle to survive because of this case and in that case my Paupers Affidavit was granted." I went on by saying "My case is important and it could have far reaching impact on the legal system and bring positive change to the Justice System." Judge Grubbs responded saying, "Very well, I will sign the Order and get it out to you." I replied, "Thank you Your Honor", and as I was leaving the courtroom I stopped in hopes of getting my recording device back. At that point Judge Grubbs instructed the bailiff to give me back my recording device.
I left the courtroom feeling good about the hearing and happy that it went in my favor. Now on to the Georgia Court of Appeals.2010 07-13 Order On Defendant's Response To Unjust Garnishment --- another dismissal
July 08, 2010 - Hearing on Merits of Paupers Affidavit.
Note: I got a legal notice in the mail the other day regarding a hearing on the merits of my Paupers Affidavit. The notice was signed by Judge Adele Grubbs on July 7, 2010 and the Certificate of Service was dated July 8, 2010, but it was not postmarked until July 12, 2010. I did not receive this legal Order by U.S. mail until the morning of July 19, 2010. This gave me little time to prepare a response or to ask for a continuance or to prepare for an 8 hour round trip to Cobb County Georgia. Ever get the vibe that a judge does not like you? Well I don't think Judge Adele Grubbs likes me. This woman is strange and has done some very bizarre things--like put people in jail for contempt for long periods of time for no reason other than they challenged her or stand up for their rights. She is a member of the First Baptist Church of Marietta, Chair-elect of Deacons, and choir member and Sunday School teacher. Of course she hates profanity or "nasty words" and she has made this clear in court. But I wonder, does she realize how "nasty" her actions are? She hates people to represent themselves and she is a "layers judge", always telling the pro-se litigant that can't afford a lawyer that they need to get an attorney. Does she realize what most lawyers have become? I called the judge's assistant, Kimberly Carroll, and attempted to explain that it would be a hardship on me to make it to this hearing and explained how late it was when I got this notice by U.S. mail, but she was not concerned and said, "If you don't make it to the hearing you case will be dismissed". I explained my situation and how my wife and I were moving to another part of the state and we had to be out by the 1st of the month, but she came back with, "There's nothing I can do. I don't make the rules"---When I responded by saying, "That's a cop out. If we never do anything right because we don't make the rules..." and at that point I heard a click, because she hung up on me. I was brought up by good parents and I was taught that it was rude to hang up on someone for no reason. I may go to jail when I go before this judge, and one thing will be sure--too few people will care.Crime Scene Photos
July 2, 2010 Garnishment Defendant's Response
Note: This is a response to the garnishment that I have been hit with. I paid on my credit card debt for several years after my false arrest on Sept. 25, 2001. In fact I paid out money to Discover Bank even when I did not have money to live. After many years of attempting to get a regular job because of the "ARREST RECORD" and "INIDICTMENT" stemming from my false arrest I finally got a job with Advance Auto Parts. I only requested $9:00 per hour but I'm only making $8.00 an hour...that is before this garnishment that takes out 25% of my wages. I was never served with a summons on this garnishment and I never had a chance to tell my side of the story. People may ask, "How can they do that?" I have learned that there is no "how", they just do it!June 28, 2010 Plaintiff's Brief In Opposition To Motion for Protective Order
Note: This is a copy of Plaintiff's Brief in Opposition to Motion for Protective Order. This document states reasons why Wells Fargo Bank should not have a Protective Order to protect them for revealing the names of those that illegally and unethically took my land!June 03, 2010 RULE NISI on land
Note: This is a copy of the RULE NISI HEARING on my land that was stolen from me and my attempt to get the names of the people that did this dirty deed.May 25, 2010 Well's Fargo's Objections and Response
Note: This is a copy of the letter from my attorney and the first two (2) pages of a 1 inch thick set of documents filed by the attorney for Wells Fargo Bank. The large volumn of documents (too many to be posted) are DEFENDANT WELLS FARGO'S OJECTIONS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES TO DEFENDANT. These documents show how this big bank can hide behind legalities in an attempt to keep something that is not rightfully or legally theirs.May 25, 2010 - Well's Fargo's Opposition and Motion for Protective Order
Note: This is a copy of Wells Fargo's RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO COMPELL AND NON-PARTIES MOTION FOR PROTECTIVE ORDER. This legal document demonstrates how Wells Fargo Bank can try to hide the names, addresses, and phone numbers of the people that unethically and illegally took my land and my cabinMay 20, 2010 RULE NISI on Amended Notice to Seek Expungement
Note: This is a letter to reschedule the RULE NISI HEARING concerning my land and my attempt to get the names of the people that illegally and unethically took my land. Wells Fargo is a big bank who cares nothing about people!April 07, 2010 - Letter from Court of Appeals
The Court returned Kerry's document...it had a Certificate of Service...they said it was not
titled with a specific title...so Kerry will be filing a Notice of Supplemental Record in the Superior Court of Cherokee County. This will (hopefully) allow him to file the documents that I did not file because of their fraudulant demand for $698.00.March 24, 2010 - Another fraudulent demand for court cost
This is a copy of the fraudulent demand for court cost in Cobb County and a letter Kerry Walker wrote to the court clerk. Included is a copy of the Pauper's Affidavit filed in the related lawsuit in Cherokee County and the Order granting Kerry's Pauper's Affidavit from Judge Murphy C. Miller. Also included is a copy of Kerry's Amended Appeal that was sent to be filed in Cobb County.March 5, 2010 - Notice and Confirmation of Hearing
Kerry Walker and his wife drove four (4) hours to the courthouse and four (4) hours back to attend the hearing.
When they arrived, they were informed that they were not on the calendar because his appeal was being processed.
The court did not bother to notify them. It cost them about $50 to get there and back.
Kerry's witness also drove over two hours to get there and two hours back home for no reason.
This is Kerry Walker's official website. Documents on this website are the official and true copies. Where reliance on information is required, the official records of the Kerry Walker website should be consulted. Kerry Walker makes no claims, representations, guarantees or warranties as to the quality, content, accuracy, completeness, currency or stability of the information, text, graphics, photos, and other items provided by any other websites or individuals.
Kerry Walker Home Introduction - Nightmare in Geogia (short version) The Facts In Brief January 15, 2002 - False Bill of Indictment Case No. 1 - This is a Certified Copy of the "True Bill" of Indictment in the first case against me (Case No. 02-CR-0053). I was the victim of violent crimes, falsely arrested and then falsely indicted by a grand jury that was presented nothing but tainted evidence by a corrupt detective (Preston Peavy) operating in a corrupted just-us system in Cherokee County, Georgia. Letter from Jeff Rusbridge (Oct 28, 2002) December 9, 2002 False Bill of Indictment Case No. 2 - This is a Certified Copy of the "True Bill" of Indictment in the second case against me stemming from the same false arrest that took place on September 25, 2001, (Case No. 02-CR-1029). I was the victim of violent crimes, falsely arrested and then falsely indicted by a grand jury that was presented nothing but tainted evidence by a corrupt detective (Preston Peavy) opporating in a corrupted just-us system in Cherokee County, Georgia. The first case was Nolle Prossed (dismissed) and then I was re-indicted months later. In this new indictment a fourth false charge was added to the list of charges. Letter to Attorney General (May 14, 2005) Letter to Attorney (Sep 19, 2005) Analysis of State’s Motion for Entry of Nolle Prosequi (Nov 8, 2005) Letter to Sheriff Roger Garrison (Sep 26, 2006) Affidavit from Attorney Jeff Rusbridge (Oct 22, 2007) Lawsuit 1.5 Million Dollars (Nov 20, 2007) Letter on Court Date (May 18, 2009) Lawsuit 20 Million Dollars (Nov 20, 2007) Answer by Attorney General of Georgia (Dec 10, 2007) Order of Recusal and Seeking Appointment of Judge (Dec 17, 2007) Response from defendant Wagner, filed in Cobb County Superior Court, Dec. 26, 2007 Please look closely at the defendants response to number 11 in the plaintiff's lawsuit and then go to the 1.5 million dollar lawsuit and read the many violations listed in number 11 of the complaint. Defendants Moss and Judge Sumner's special appearance brief in support of their Motion to Dismiss Plaintiff's complaint (Jan 02, 2008) April 16, 1992 Arrest of Judge Sumner June 12, 2008 Arrest of Judge Sumner The Corrupt and Incompetent Judge John B. Sumner Lawsuit - Kerry's Response and Rebuttal to State's motion to dismiss; filed in the Superior Court of Cherokee County (January 30, 2008) Please click on the bookmark tab once you open this file. Assignment of a Judge (Mar. 12, 2008) Letter from W.A. Foster III, Senior Judge, Superior Courts (Oct. 2, 2008) More Definite Statement of [$20M] Claim (Oct. 22, 2008) Letter to Judge Doss, Jr. (Dec. 26, 2008 Lawsuit Dismissed Against Judge Sumner and DA Garry Moss (29 April 2009) Rule NISI Hearing OnThe Entry Of A Consolidated Pretrial ORDER (May 18, 2009) Articles Government trashed Kerry's cabin in Canton, GA - June 21, 2009 Consolidated Pretrial Request (24 June 2009) Order to Dismiss Lawsuit (25 June 2009) July 07, 2009 - Notice of Civil Action 07-1-10459-42 Substitution of Counsel 07-29-09 Order Setting Case Status Telephone Conference 12-03-09 Kerry Craig Walker - Letter to Judge Murphy C. Miller 12-17-09 Response to Telephone Conference and Update on Case Information for Judge Murphy C. Miller - Jan 06, 2010 Pleading and Response To Hearing on Why Plaintiff's Appeal Should Not Be Dismissed - January 01, 2010 Hearing on Appeal - January 06, 2010 January 14, 2010 - Conference call with Judge Murphy Miller and Attorney, Kendrick K. McWilliams. Part One January 14, 2010 - Conference call with Judge Murphy Miller and Attorney, Kendrick K. McWilliams. Part Two January 19, 2010 Pleading & Response-Why Appeal should not be dismissed January 19, 2010 Pleading & Response lawsuit-reduced JAnuary 19, 2010 Certificate of Service (correction) Letter to Judge Grubbs January 21, 2010 February 25, 2010 Order on Motion for Judgment on Pleadings March 05, 2010 Letter to Judge Grubbs March 5, 2010 Notice and Confirmation of Hearing March 6, 2010 Pauper's Affidavit 3 6 2010 March 6, 2010 Notice of Appeal 3 6 10 March 07, 2010 - Letter to Senator Mary Landrieu March 07, 2010 - Letter to Senator Evan Bayh March 07, 2010 - Letter to Senator Ken Conrad March 07, 2010 - Letter to Senator Kirsten Gillibrand March 07, 2010 - Letter to Senator Charles Schumer March 07, 2010 - Letter to Senator Byron Dorgan March 07, 2010 - Letter to Senator Tim Johnson March 07, 2010 - Letter to Senator Arlen Specter March 07, 2010 - Letter to Senator Bob Casey March 07, 2010 - Letter to Senator Maria Cantwell March 07, 2010 - Letter to Senator Michael Bennet March 07, 2010 - Letter to Senator Mark Warner March 7, 2010 Letter to Judge Kristina Graham March 9, 2010 letter to appeals court clerk March 10, 2010 Notice of Appeal 20 million March 10, 2010 - Pauper's Affidavit 20 Million Lawsuit March 20, 2010 - Letter from Deputy Clerk Cherokee County, GA March 24, 2010 - Order Granting Pauper's Affidavit March 25, 2010 - Continued Corruption in Cherokee County, GA March 12, 2010 - Argument For Appeal (includes letter to Judge Grubbs dated March 05, 2010) March 12, 2010 Argument for Appeal 3 12 10 March 15, 2010 - Letter to Representative John Linder March 16, 2010 Letter to Judge Miller (edited and revised) March 20, 2010 Argument for Appeal 3 20 10 bu March 20, 2010 - Notice of Trial Court Cost with explanation dated March 25, 2010 - Continued Corruption in Cherokee County, GA March 20, 2010 - Argument for Appeal and Response to Order March 24, 2010 - Demand for Court Cost from Cobb County March 24, 2010 - Another fraudulent demand for court cost March 26, 2010 - 1 Record Volume sent to Georgia Court of Appeals March 26, 2010 - Index to 20 million lawsuit March 29, 2010 - Supplemental Index to 20 million lawsuit April 02, 2010 - Amended Notice of Appeal April 02, 2010 - Rejected Amended Argument for Appeal April 02, 2010 - Amended Argument and Response to Order April 05, 2010 - Response to fraudulent demand for court cost April 06, 2010 - Notice of Docking - from the Court of Appeals in Georgia April 07, 2010 - Letter from Court of Appeals April 12, 2010 - Letter to William L. Martin - Court of Appeals April 12, 2010 - Notice of Supplemental Record April 14, 2010 - The state of Canton - actual article from The Cherokee Ledger Newws. This article may also be found at Canton Police Face Civil Lawsuit. April 15, 2010 - Second Letter from William L. Martin, III, Clerk, Georgia Court of Appeals April 16, 2010 - Supplemental Volume of Record 20 million lawsuit - Note: This is the Supplemental Volume of Record for the 20 million dollar lawsuit that I got sent by filing a Notice of Supplemental Record. This was nescessary after an unlawfull and unethincal demand for $698.00---only because the Deputy Clerk, Missy Bergman, did not get sent a copy of my Pauper's Affidavit from the Clerk of Superior Court. At least she did the right thing and sent the supplemental documents that were requested. Incompetence prevails in the just-us system and the innocent pay the price. April 16, 2010 - Interrogatories - Note: This is a copy of the Request for Production of Documents and Continuing Interrogatories to Defendant Wells Fargo Bank, National Associaton. WELLS FARGO BANK took my land from me illegally and then had my cabin trashed out by the Cherokee County Sheriff's Department (using a crew of hispanics) inspite of four (4) legal signs posted on the property from Attorney Jeff Rusbrige stating "THIS LAND IS INVOLVED IN A LEGAL DISPUTE. DO NOT DISTURB OR TRASH OUT." The attorney's contact information was posted on the signs. I also had my own sign posted with my contact information listed. My personal belongings and family belongings that went back to my birth and everything in my cabin was put out like garbage to be rained on by over two (2) inches of rain. April 19, 2010 - Court of Appeals of the State of Georgia - Note: My appeal was DISMISSED by the Georgia Court of Appeals. This is a very complex issue and a bunch of legal nonsense, but in laymen's terms my lawsuit was dismissed because there was not a complete judgment (or order) and I cannot appeal an interlocutory (or partial) judgment without jumping through a bunch of legal hoops. I have begun the process of jumping through the hoops and will do whatever it takes to get it done. April 20, 2010 - Call to Deputy Clerk Missy Bergman in Cherokee County (first part) October 27, 2010 Response to Videos - I got this message today on one of my videos...Owlmon has made a comment on Call to Deputy Clerk Missy Bergman in Cherokee County (first part): "good call to hold them to the law! Keep standing cause if you lay down dem subsobitches sure nuff gonna tread all over you" You can reply to this comment by visiting the comments page. April 20, 2010 - Call to Deputy Clerk Missy Bergman in Cherokee County (last 2 minutes) April 21, 2010 - Amended Notice to Seek Expungement - FILED COPY of my Amended Notice to Seek Expungement. I was given 60 days from the date of the Order (Feb. 25, 2010) to get this filed and to notify the Cherokee County Sheriff's Department to start the expungement process. April 26, 2010 - Letter from CCSD on Expungement Process - Letter from the Cherokee County Sheriff's Department that my notice has been received (and filed) within the 60 days and documents have been sent to me by the CCSD to begin the process of expungement. April 27, 2010 - Letter copy Kerry Walker vs. Wells Fargo Bank, et al. - This is a copy of a letter from from my attorney who sent me a copy of the letter from Sam Maguire, Jr., P.C. who represents Wells Fargo Bank, et al. My attorney was attempting to get informantion on the real people who illegally took my property and ignored legal notices to trash out my cabin. This short letter from Sam Maguire, Jr. quickly changed the course of action and all the legal documents that were prepared in order to get this informantion are worthless. Now we must have a court hearing to try to get a Court Order to force the bank to release this "private" information. May 11, 2010 - Letter to William L. Martin, III, Georgia Court of Appeals Clerk - This is a letter I sent to William L. Martin, III, Georgia Court of Appeals Clerk, after he continued to claim that I did not send a Certificate of Service with my document. So many people are denied justice in our legal system because of human error and something needs to be done to change this incompetent system that has been around for way too long. Updates Letters Poem by Kerry's Mom You Can Help Kerry Walker Favorites Mathametical Proof of the energy behind all Creation An Instrument to absolve self The Dawn of Intelligence Wildman Walker's Blog |
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