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What does it mean to be truthful? I have learned that there are no two truths. We either lie or we tell the truth. When we surrender completely to this energy behind all Creation, with the changes it brought about in organisms over time, we become very gentle and honest human beings with no desire or motive to be corrupted by anyone at anytime. In fact we simply refuse to be corrupted or part of any form of dishonesty or wrongdoing and we place our relationship with God over any relationship with man. This truth is from moment to moment and it is the only hope for a life of goodness and love that does not live in contradiction and hypocrisy. It is the truth that frees, not your effort to be free.

I have been a product of constant deception and dishonesty by those in our legal system that place their relationship with man above that energy that is behind all Creation, which is the energy we may call God. It is only by dying to self that we walk as part of this energy and it need not have anything to do with supposition or belief.

Kerry Walker

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I made a call to District Attorney’s office on October 20, 2005 just after I had returned home from collecting the evidence from the State that had been taken by means of a Search Warrant on December 21, 2002. I was contacted by Monica in “Evidence” and told that I could come pick up my crossbow. It was during the time that this Search Warrant was being served on December 21, 2002, that Mr. Peavy (with several other Officers of the State) ignored my attempts to point out a thick layer of dust on the shaft of this crossbow that was proof that this crossbow had not been cocked or loaded at the time of this alleged incident as this dishonest and unbalanced woman had alleged. In fact this unbalanced and violent female claimed that for no reason at all, I just walked into my bedroom in my home and with a strange look on my face and smiling, I picked up my crossbow, then cocked and loaded it and pointed it at her. For absolutely no reason at all!?

Unbeknown to Peavy and these other Officers of the State, an “expert witness”, along with Jeff Rusbridge, my attorney of record at the time, had seen this thick layer of dust on the shaft of this crossbow over two months prior (and other witnesses observed this as well), and the “expert witness” would testify that this “weapon” could not have been cocked at the time of this alleged incident or this thick layer of dust would have been cleaned off the shaft by the pressure of the string on the shaft as the string was pulled back into the cocked position. In fact, not only was this critical evidence ignored, my charge was upgraded from misdemeanor Simple Assault to felony Aggravated Assault because of this evidence not being considered and the witnesses to this evidence never coming into the picture and, therefore, never being interviewed. Then on November 19, 2002, just as my trial was about to get under way, this evidence was brought into the courtroom and it had been altered (cleaned off) to eliminate this thick layer of dust on the shaft that was the crux of my defense, even though the State had been notified by my attorney, Jeff Rusbridge, to preserve this critical factor on this evidence.

This was just one of several instances of Obstruction of Justice that has taken place in my case and that I can prove with documented evidence with witnesses. In fact all the evidence pointed to my innocence and this crazy woman contradicted everything in her Incident Report (That she did not file until four days after the incident, counting the day of the incident and the day she should have filed a report) during the interview with the former detective Peavy. In fact the reason for Peavy’s incompetence and his lack of concern for the truth and facts of my case and for this false arrest becomes very clear in a recorded conversation that I had with Peavy the day I was arrested and bonded out of jail.

On September 25, 2001 he makes it clear that he does not care about what he was doing to me or about the truth, and that he “don’t care one way or the other” about anything concerning me or the facts of my case, and that it was in the hands of the DA’s office and that I would have to deal with them. This officer did not care about the fact that I had turned my life around. He did care about the miraculous accomplishments I had done since turning my life around on April 12, 1992. He did not care about the dream that I miraculously fulfilled by personally designing this custom home and physically building it on this very beautiful, but very difficult lot at the corner of the Etowah River and Lake Allatoona here in Cherokee County. This man did not concern himself with the truth about anything and he could give two hoots about my family or me. Then what no one seems to want to believe, almost everyone else is covering for this man’s wrongdoing. It’s like a band of thieves sticking together and covering for each other at every turn.

Over the past two months, Tonya Koscica, my attorney’s (Jimmy Berry) assistant, has informed me on several occasions that my case was being transferred to the State Court and my felony charge was being dismissed. I asked her how they were going to seek accusations for misdemeanors in State Court when the statute of limitations was two years from the date of the incident, and we have now more than double that time. She did not know and she never gave me an answer to this question or to the many other questions I have asked about this insane case against me.

I met with attorney Channing Ruskell to discuss my case, and I learned a great deal about the corruption and wrongdoing in Cherokee County from him and of his attempts to get the media involved in an investigation into it. He also told me about a couple of cases that involved the DA’s child and the child of one of the judges that just disappeared after arrest had been made. Mr. Ruskell confirmed the fact that the DA’s office could not pursue accusations in State Court after this length of time.

After returning from collecting this evidence from the State last week I noticed that the CHAIN OF CUSTODY had been broken on this EVIDENCE CONTROL RECORD and one of the spaces for “received by” had been left blank just before my trial date. This eliminates the possibility of having hearings and possibly determining who cleaned off the shaft of this crossbow. It is also of interest that I recorded the collection of this evidence and, although I should be offered a copy of this document, I had to ask for a copy of this record in order to get it.

A short time later that day, I called Jeff Rusbridge to tell him of the good news that had taken place, and he asked me if I had heard of what was going on with my case. I told him that I knew nothing and had heard nothing about it. Mr. Rusbridge said that he had talked with Garry Moss and that my case was being dismissed by an entry of Nolle Prosequi. I then called the District Attorney to confirm the fact of this dismissal and Holly, the administrative assistant to the Assistant District Attorney (Wally Rogers) that is now handling my case, told me that the order was with Judge Harris and that she had prepared the order herself.

This call on Thursday, October 20, 2005, went as follows:

Receptionist: District Attorney’s office, how may I rout you call?

Mr. Walker: May I speak to District Attorney Garry Moss please.

Receptionist: Is this on a particular case sir?

Mr. Walker: Yea.

Receptionist: What case?

Mr. Walker: Kerry Walker.

Receptionist: Kerry Walker?

Mr. Walker: Kerry-- K-E-R-R-Y-- Walker.

Receptionist: And what’s your relationship to the case sir?

Mr. Walker: I’m the defendant.

Receptionist: Okay. You have an attorney sir?

Mr. Walker: Uh. Well. Not necessarily. Um. Since my case is being Noll Prosqued, I understand. I just talked to Jeff Rusbridge, an attorney that has become a witness in my case, so, ah, I just wanted to find out how to pick up the paperwork on my case, as far as this Noll Prosgue, so that I could, ah, go get my bond money.

Receptionist: Hold on just a moment sir.

Holly (Assistant to the prosecutor, Wally Rogers): This is Holly. How can I help you?

Mr. Walker: Yea. Holly. How are you doing? My name’s Kerry Walker.

Holly: Un huh.

Mr. Walker: My name is Kerry Walker. I talked to Jeff Rusbridge, uh, an uh, I understand my case is being Noll Prosgued. And I picked up--I was called by evidence to come pick up my-my crossbow they had for evidence. And I was just wondering if I could come pick up some kind of paperwork because I’m broke and I could use my bond money.

Holly: The, uh, paper work is not filed yet.

Mr. Walker: Okay.

Holly: It’s with the judge.

Mr. Walker: Okay, how long to you think, hun, that it would take for me to get a hold of it?

Holly: I don’t know. Um. It’s up to the judge. He, he has the final signature, and the order is with him. I prepared the order myself.

Mr. Walker: Okay.

Holly: So. Um. You want to call me back next week? Just ask for Holly.

Mr. Walker: Okay Holly.

Holly: Okay, thank you sir.

Mr. Walker: Thank you. Bye, Bye.

On Monday afternoon, October 24, 2005, I called and left a message for Holly, simply asking if she had received this order back from the judge and that I would probably be calling every afternoon to check on it. (I have this conversation recorded as well)

On Tuesday afternoon, October 25, 2005, I called the District Attorney’s office and spoke with Holly. In fact Holly answered the phone. The call went as follows:

Holly: District Attorney’s office. This is Holly, can I help you?

Mr. Walker: Hey Holly. How you doing? This is Kerry Walker.

Holly: Hello. How are you?

Mr. Walker: I’m just--I’m doing good. I just thought I would touch base and see if you had gotten that order.

Holly: I have not seen it come back from the judge yet.

Mr. Walker: Not yet. Okay. I’ll try again tomorrow.

Holly: Yea, just keep on trying. Um, I don’t know when he’ll forward it back up. It’s with Judge Harris, and sometimes, um, I don’t see orders until he gets, um, I’m, ah, I’m busy, should I say, or, you know because they stay rather busy and there’s a certain time that they do all their signing.

Mr. Walker: Right. So what’s the general rule, as far, is there one or not? I guess, as far as..

Holly: I don’t know.

Mr. Walker: ..as far as time wise?

Holly: That, um,

Mr. Walker: I mean would it probably be done within the next week or?

Holly: I don’t have one, cause it’s, I guess, ultimately up to the judge. But I know that I did prepare it and it was sent down.

Mr. Walker: Uh um, right.

Holly: So we are just waiting for him to sign.

Mr. Walker: Well, could you call me when it came up? That way I wouldn’t have to keep checking on it. Or that, um..

Holly: Yea, that, that would be fine.

Mr. Walker: Okay.

Holly: What’s your number.

Mr. Walker: It’s, ah, four, zero, four.

Holly: Un, huh.

Mr. Walker: Eight, eight, six

Holly: Okay.

Mr. Walker: Twenty five 0 three.

Holly: Four, zero, four. Eight, eight, six. Twenty five 0 three.

Mr. Walker: Yes ma’am.

Holly: Okay.

Mr. Walker: Okay. Bye.

Holly: Bye

On Thursday, October 27, 2005, I went by the District Attorney’s office in an attempt to ask Mr. Rogers if I could travel to Florida to work. I have earned my Accelerated Freefall Rating with the United States Parachute Association, and this is now my means of earning a livelihood and the business is too slow here during the winter. I have spent about $27,000.00 in earning this rating and I have over $11,000.00 in equipment. Mr. Rogers would not talk to me because I have an attorney.

While I was at the Cherokee County Justice Center, I notice that they had displayed the Ten Commandments in the courthouse and even had a reference to the Bible in the description below along with reference to “an eye for an eye, and a tooth for a tooth.” I went out to my truck and got my video camera and I already had my tape recorder. I asked at the entrance if I could get some pictures of the display of the Ten Commandments, and the officer called another officer and I was given permission. As I was recording the words of the caption below the Ten Commandments an officer (Bob Bennifield) questioned me about my video of the area. I explained that I was just showing where the Ten Commandments were posted. He told me that I could video the Ten Commandments but that I could not video any area around the courthouse. I told him I understood this because of possible terrorist acts and I told him that I was familiar with Homeland Security and that I had talked with Derick Corbett in John Linder’s office and that Derick was doing important work on this. I told him how Mr. Corbett had supported me on my case of false arrest and that we had talked several times. I told him that I had gotten permission from someone to come up and take the pictures and he told me that he was the one that gave permission to me. He then asked for my driver’s license as he called down to get some type of form brought up to him, and I gladly gave my license to him. He made a copy of my license and then he asked me whom I was with. I explained that I was not with anyone and that I was up there checking on something about my case and I notice the Ten Commandments posted in the courthouse. He asked me about my case, and I politely said that this was something that I should not discuss with him. He said that he could look it up and I told him that would be fine with me, and I said that it would take six hours for me to explain all the details of my case to him.

When I got home I called and left a message for Holly and explained that this was why I had come by (I have this conversation on tape as well). I got a call back from Holly on my voicemail that was very disturbing and disappointing stating that she was mistaken about my order for dismissal in the form of a Nolle Prosequi being with the judge and told me to stop calling and leaving messages and to stop calling their office. It was as if she had not said anything that was in our conversations before hand. My gut feeling is that this woman was not being honest with me and thank God I have it all on tape. After all, she is the one that asked me to call back and check with her and she is the one that told me that she had prepared the order herself and that it was with Judge Harris waiting to be signed.

The voice mail that I received from Holly in the District Attorney’s office on Thursday, October 27, 2005, went as follows:

Holly: Hi. Mr. Walker this is Holly in the District Attorney’s office and I have gotten your messages. However you really need to be calling your attorney. And when, um, I mentioned that the case was, um, being, um, when actually a Nolle Proseque is with the judge-- that was a misunderstanding, because I just spoke with the prosecutor and he just still has the Nolle Proseque with him. So this is still something, the disposition of your case is still something that is being worked on in this office. And I think Mr. Rogers called, um, your attorney, Jimmy Berry, who is your attorney of record now. And any other further calls should be directed to Jimmy Berry, so if you will please stop leaving messages for us, because we are unable to help you at this point, and I just let you know that the disposition of your case is still being worked on. Thank you sir. (End of voice mail).

I get this message after telling my cousin, who is taking care of my dying mother, (this false arrest has been too much pressure for her to take at the end of the last years of her life), and my girl friend (who was so proud of me) that these false charges and this incorrect indictment were being dismissed—And all of my family and friends and all of the witnesses, and God would only know how many people I have emailed about it, and I told all of them that my case was being dismissed. I even told Kevin at The UPS Store about my charges being dismissed, as this is where I have been making all my copies. He said, “You deserve it Kerry because you have worked hard enough standing for your innocence.”

These people in this bizarre system that are doing this to me seem to be of an evil self-centeredness and disgusting meanness that I just can’t comprehend.

I got in touch with my attorney, Jimmy Berry, and he told me that I had to stop bugging the District Attorney and doing anything dealing with my case or I was just shooting myself in the foot. He told me to leave it alone and he would take care of everything.

Kerry C. Walker

Chattanooga, TN.
kerrycw1@gmail.com
423 260-5803

Property/Evidence Control Record

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