Jimmy, I sent this letter to you by email and I have yet to hear from you. I’m having a difficult time getting Tonya to simply respond to my email so that I will have a receipt. I never got a receipt on this letter. It is now October 5, 2005, and I’m sending it by Certified Mail so I will know that you received it.
CERTIFIED MAIL NO: 7005 1160 0002 3346 7290
Jimmy D. Berry
Attorney at Law
236 Washington Avenue
Marietta, Georgia 30060 September 19, 2005
Dear Mr. Berry,
I have not heard from you for some time, so I just stay in the dark about what is going on concerning my case. I leave you messages and you don’t return my calls!!! I called and left another message for you on a Thursday, the week before Tonya was going to be gone on vacation, and she told me that you would be checking your own messages while she was gone and that you would call me. I still have not heard anything from you. Please call me first chance you get.
I have talked to Tonya and she said that it is her understanding that my case is being moved to State Court (i.e. the DA is dropping the felony of Aggravated Assault). From my understanding of the law, I can’t fathom the State pursuing these bogus misdemeanor charges after four years, especially with the malfeasance that has taken place in Peavy’s attempts to obstruct justice in my case and all the shenanigans that went on at the beginning stages of my trial and the fact that my case was left to decay for over two years after it was taken off a bogus DEAD DOCKET.
How does the fact that George Weaver never notified the DA’s office after being fired by me and the fact that, because of this, I never received anything from the DA’s office concerning my case being removed from this bogus DEAD DOCKET and supposedly becoming an “active indictment” again. The fact is the State’s witness lied about leaving for 365 days, and the truth was the National Guard would not use this mentally unbalanced female for anything and she was never going anywhere. The State’s witness never left town, yet my case sat there for several months on a DEAD DOCKET and then, after my case was “REMOVED from the DEAD DOCKET, still there was no activity on my case for two years!!
The events I have presented to you are true, and the injustices against me are real. Court transcripts, police reports, witnesses’ statements, tapes, and letters all support these facts. All the evidence clearly points to a malicious and improper investigation conducted by the former Detective xPeavy. As I have asked you before, why is Peavy no longer a detective? I know it involves my case and the fact that my arrest was the result of NO investigation as well as a corrupted investigation into the allegations of this unbalanced female, and a manipulation of the facts that would have cleared me of any wrong doing. I want you to get me a copy of Mr. Peavy’s service record. What unit did Detective Peavy work for? The fact that he is a crooked cop and is no longer a detective, and yet he is now on uniform patrol, does not sit well with me. I talked with Derrick Corbett from John Linder’s office, and I explained this man’s behavior to him, and he told me that this man being demoted because of wrong doing in my case and now being a deputy did sit well with him either.
Why don’t you help me fight these wrongs that have been done to me?! You know it is wrong and that crimes of obstruction have been committed against me by Peavy. You asked me how could I prove it, yet you seem to be the only one that thinks that my case of obstruction against Peavy and the State cannot be proved. I think it is obvious if the facts are looked at as a whole and so does everyone else. There is overwhelming evidence to show that the former Detective Peavy was not only negligent in his investigation, but also evidence that shows he is dishonest and that he was determined to obstruct justice in his attempts to manipulate evidence and convict an innocent man and a man that had in fact been victimized by this unbalance female.
I have asked many questions of you and have gotten few answers. You mentioned that the State had a “videotape” of some kind, yet there was never any videotape in the entire discovery over the course of years. You told me you would let me know something about it in a few days. I have yet to hear anything more about this videotape that the State tells you they have. Last time I talked to you was on June 16, 2005, and you asked me to give you four days and you would get back to me. I have not heard anything from you since.
I have a very competent mind and I have discussed the facts of this case with an honest cop, my family, my friends, and with Jeff Rusbridge (an honest lawyer) and a few other competent minds, and we all agree that it is obvious that the former Detective Peavy and other officers of the State committed crimes of obstruction and other violations of law against me in their attempts to convict an innocent man--- A man that was in fact and in truth the VICTIM of this nutcase and not the perpetrator!!! Are you just covering up these wrongs against me by not pursuing the truth in a courtroom setting prior to a trial? Are you afraid to stand against the injustice because of what these judges can do to you? What about all the motions that I have asked you to file? Who do you work for?
I would like you to appoint me second chair in this case. I have done most of the work in this case over the past four years, and I should be able to assist in my defense and file motions and so forth.
The Constitution and the Law state that a person is innocent until guilt can be proven beyond any reasonable doubt, but in my case the system has not worked in my favor. These officers of the State who were sworn to protect my rights considered me guilty from the very beginning and were willing to do anything to manufacture my guilt.
You are my lawyer, and you should take a moral position to correct this injustice. You should stand by me and help me to address Georgia’s public officials to take a moral stand on this injustice that has been done to me.
As an honest cop that is familiar with my case told me, “The sheriff’s department, the detectives, ublic officials and the court system failed Kerry Walker and his family, and any competent and moral attorney would fight the wrongs committed in this case.” Mr. Peavy not only failed my family and me, but he also failed the citizens of the State of Georgia.
Sir, with all due respect, I don’t need any more lies from anybody and I’m sick and tired of being kept in the dark and waking up time and time again to the reality that this indictment is still hanging over my head and not knowing what is going on. I was like a rabbit cornered by a Bobcat when this unbalanced female did this to me and then I was arrested falsely and I have had every form of obstruction possible committed against me, and I have been forced to be this rabbit cornered by this Bobcat that turned rabid for four years and counting! Please, I don’t care to hear any more lies, and keeping me in the dark is another form of deception! I want to hear nothing but the truth from now on and I want to know the absolute truth about my case. I want all these trumped-up and bogus charges against me dismissed!
I think in a 1983 or any other relevant civil case, jurors would come to the same conclusion most everyone else does if all the facts were presented to them.
Let’s look at the facts:
FACT: When I talked to Detective Peavy when he came out to my house in an open attempt to be cooperative because of my innocence, (which was a big mistake), it became obvious to me that he was there to “get me” for what ever reason and not to find out the truth. When I pulled up my shirt to show Peavy and the other investigator the bruise on my chest, Peavy said, “I can’t see anything,” and didn’t even bother to look. (Why would I attempt to show a bruise on my sternum to two (2) detectives that didn’t exist? The fact is other witnesses saw this bruise.) I then took him into my Jacuzzi Room with bright vanity lights (the other detective followed), and I pulled my T-shirt off and again attempted to show this bruise, and as soon as I attempted to show him this bruise on my sternum, Peavy’s attention was diverted by the fact that an Oak towel rack was off the wall and laying on the vanity. This became “Probable Cause” because Ms. Wagner’s Incident Report had in it that I had “pushed her into the tub” at my home at 4590 Knox Bridge Hwy, Canton. [The alleged victim’s statements of facts in this report were completely contradicted in later interviews] When I attempted to explain the fact that this towel rack was not ripped off the wall and the fact that it had been off the wall for months and had merely fallen off the wall because the screws did not hit a stud, and the fact that my roommate could verify this fact because this was where we filled up the five gallon jugs for the water cooler with well water from the Jacuzzi faucet, Peavy did not what to hear it and completely ignored me. I went on in a vain attempt to explain that I did not push her into the tub and that it was an accident and that this “accident” happened in a Holiday Inn Hotel in Cedartown, Georgia, but Peavy continued to completely ignore me. He had an agenda to make me guilty and nothing was going to get in his way!!!!
Violation of Oath of Office; Violation of Due Process of Law; Obstruction of Justice; Violation of my Civil Rights
FACT: When Peavy was questioning me it was obvious to me that he was not concerned with the truth but was out to get me and he already had concluded that I was the perpetrator and he wanted to keep it that way. For some reason, still unknown to me, this detective wanted to arrest me, and all I can reason is that he did this to me because of the simple fact that he is a crooked cop. When Peavy asked me if I had picked up the crossbow or if it was involved in any way, I told him that it was not relevant because I was the victim and I was not going to press charges against her and that I just wanted to put this nightmare behind me and get on with my life. But Detective Peavy was going to see to it that this did not happen and that my life was ruined!! (I was not going to press charges against her for the simple fact that I did not want any reverse legal repercussion against me as I had seen in the past—Which I ended up with anyway. My dream was to get a pardon from the felony drug conviction that I had from a plea agreement in 1988). I knew that with this detective’s vindictive and malicious attitude toward me that if I even mentioned that I picked up this crossbow for any reason he would have me arrested so fast it would make my head swim and that he would not give a damn bout the truth. This observation was obviously correct.
Malicious and prejudiced investigation, and little to no investigation at all; Violation of Due Process of Law; Incompetent and incomplete investigation.
FACT: When Peavy asked me if he could take a picture of the crossbow, I reluctantly agreed to let him. Then when he took a picture of the crossbow, I asked him to take a picture of my severely blackened eye and he obviously held up the camera and “acted” as if he was pushing a button, and he said, “Darn. I’m sorry, but it seems that I have run out of film.” This was after taking one (1) picture with this camera. Do you really believe that this detective came to do this so-called investigation with only one picture left on a roll of film?! And when I asked him, “Don’t you have some more film?” [Even though I knew what was going on], Peavy said, “No. Mr. Walker. Unfortunately that’s all the film I have,” as he smirked and laughed with this little cynical laugh of his. He seemed to think he was so damn cool!
Obstruction of Justice; Violation of Oath of Office; Violation of Due Process of Law; Violation of my Civil Rights.
FACT: While I was standing in front of my home talking with these two detectives, my roommate, Drew Mayo came home. This was very fortunate for me, or should have been, because he was rarely home and he could clear me of any wrongdoing. This man was a witness at the scene. Thank God he was home at the time of this alleged incident and he was my only hope because he had talked to Ms. Wagner moments after we had arrived and was at my home the entire time that Ms. Wagner and I were there. He was also home alone with Ms. Wagner when I left for about an hour to go pick up Chinese food, and he talked to her as we were leaving. But when Mr. Peavy asked me if there were any witnesses, and I explained that my roommate was a witness and that he was there now and I asked Mr. Peavy if he wanted to talk to him, Mr. Peavy just said, “No, Mr. Walker, that won’t be necessary, have a good day,” and he shook my hand and left. I’m sure things would have be much different for me had there been a competent detective that would have interviewed Mr. Mayo, the ONLY WITNESS to this incident, before an arrest was made. I would have never been arrested and I would have not lost my dream home that I personally designed and miraculously physically built from the ground up working 15 to 20 hours a day for two full years, and I would have not lost everything else in my life. My poor mother would not have had to spend the last years of her life with this false indictment against me and my family and friends would not have seen me go through this hell. Had the only witness at the scene been interviewed by a competent investigator I would have not spent the tens of thousands of dollars fighting for my innocence and my life would not have been ruined.
Incompetent and dishonest detective; Obstruction of Justice; Violation Oath of Office; Violation of Due Process of Law; Violation of my Civil Rights.
FACT: I was shocked by my arrest and after my arrest I called the alleged victim and I talked to her and called and talked to Mr. Peavy. I recorded both of these conversations that day. I asked the (former) “Investigator” Peavy why he had me arrested! I told him that if he had been along for this weekend, he would not have been arresting me and he would have arrested her! I asked why he didn’t investigate this further, and I asked him to come out to my home and sit down and discuss what happened man to man. He told me that it was out of his hands and that it was now up to the DA’s office to handle it. I asked him why he would do this to me and I asked him if he cared about the truth in this case. He told me that he did not care one way or the other and that it did not concern him one way or the other. In this recorded conversation it is made very clear by this demented detective’s own words that he just didn’t care about the truth and that he was not concerned one way or the other if he was unfairly and unjustly ruining my life.
Malicious and prejudiced Investigation; Violation of Oath of Office; Violation of my Civil Rights; Malicious Prosecution
FACT: The recorded conversation that I had with the alleged victim that day of my arrest and the same day that I bonded out of jail, was one that was very critical to my case. I told her that I still had love for her, but I meant this only in the sense of the love that I had for human beings in general, and those that know me understand this attitude of love that I have carried over the years of my sobriety. I asked Ms. Wagner in this conversation why she was telling everyone that I had “hit myself all night long and that all night long I was beating myself up?” Her answer to this was, “I didn’t know what else to do,” and “I didn’t want to get arrested.” I told her that I was not going to pursue charges against her, and that my friends had called me that heard her story, and that they did not believe her and they knew that she was lying. She came back with,“We’ll, uh, I don’t know, um—You did hit yourself all night long, um, didn’t you?” A recording device on her end also recorded the conversation but the transcript of the conversation that she recorded was “doctored” to end prematurely and indicated just part of my conversation and none of her conversation. In fact it ended with the word “Bye” being inserted after just part of the beginning of my conversation, and before I asked this critical question and before any conversation by the alleged victim. How often do you call someone and talk and then say “Bye” and hang up before any conversation or acknowledgement at all by the party on the other end?! This doctored transcript ended by the indication of the word “Bye” before I ever said “Bye” and just before I asked this important question and, of course, before the answer that she gave would have proved my innocence. This part of the tape that was deleted would have been proof that the alleged victim was both violent and a liar. There have been many Motions for Discovery filed over the past four years and we have specifically tried to get a copy of this tape that this transcript was made from, but all attempts to get a copy of this recording from the State have been unsuccessful. I don’t think you have to be very smart to figure out why.
Obstruction of Justice; Felony Tampering with Evidence; Violation of Oath of Office; Violation of my Civil Rights; Violation Due Process of Law; Malicious Prosecution
FACT: When the (former) Detective Peavy came to my home with a search warrant to collect this evidence, (and after coming in through the section of my home in the downstairs portion that was leased by a female tenant at the time), I took Mr. Peavy and several others with him up to my bedroom closet and brought out this “toy” of mine, that was part of a life long hobby. [I am an Archery Champion, and was saluted by the City of Atlanta as an Outstanding Champion in Archery, and I have dozens of trophies and a plaque from the City of Atlanta to prove it.] As I brought the crossbow out of my closet, I said, “Let me show you something Detective Peavy—There is a thick layer of dust on the shaft of this crossbow, and what this woman is saying cannot be true,”—But before I got completely through in my attempt to say this and to point out this evidence that would prove my innocence and Ms. Wagner’s statements to be untrue, the crossbow was violently yanked from my arms by some woman stating emphatically, “Let me have that!” They left with this evidence without any consideration to critical evidence that could have proved my innocence and proved that Ms. Wagner’s story was fabricated and untrue. Ms. Wagner had stated that I had cocked and loaded this crossbow, and this thick layer of dust that had accumulated over the course of 2 ½ to 3 years of it leaning against the wall in the corner of my bedroom, was definitive proof that this crossbow had not been cocked. Had it been cocked the pressure of the string on the shaft would have cleaned off this thick layer of dust on the shaft. If the crossbow were not cocked, then it would not have been loaded. Unbeknown to this dishonest and crooked detective, my attorney, as well as an “expert” witness had observed this crossbow shortly after the alleged incident and prior to it being collected by the State. This “expert” witness said that, because of this build up of dust on the shaft, it was mathematically impossible for this crossbow to have been cocked at the time of this incident. He made it clear that if the crossbow was not cocked, it would not have been loaded.
Obstruction of Justice; Felony Tampering with Evidence; Violation of Oath of Office; Violation of my Civil Rights; Violation Due Process of Law; Malicious Prosecution
FACT: The fact that Detective Peavy opted to ignore this critical evidence pointed out by me upon it's collection, this crossbow was later presented to a Grand Jury with the fact of this critical evidence unknown to them. My charge was upgraded from misdemeanor Simple Assault to the far more serious charge of felony Aggravated Assault. Had Detective Peavy considered this evidence and investigated my case further, I would have never been indicted with the more serious charge of Aggravated Assault. In fact the truth of this evidence and a thorough investigation would have shown the State’s witness to be a pathological and prolific liar, and my charges would have been dismissed completely. In fact the States witness may have been charged and should be charged with Felony False Swearing and the misdemeanor charge of Filing a False Report. (It is interesting to note that I have never been arrested for Aggravated Assault in this case, yet two (2) separate indictments have charged me with this crime. In fact the State [Ms. Helppie] at my trial on November 19, 2002, demanded that I be re-arrested and held on this upgraded charge of Aggravated Assault and the upgraded bond amount, yet the Judge Sumner refused to do so.)
FACT: I went to an Plea Hearing (for an Alford Plea) a couple of months before going to trial and for the sole purpose of getting a chance to talk and to get a chance to point out that this case was about motive and about vengeance on the part of the alleged victim and also to point out that evidence had been manipulated (transcript of tape doctored) and evidence had been ignored (dust on shaft of crossbow). The Plea Offer was withdrawn by the State (Ms. Helppie) after me pointing out the fact of possible manipulation of evidence. The State (Ms. Helppie) stated, after withdrawing the plea, that there had been no manipulation of evidence. This was a BIG FAT LIE! Not only had they doctored a transcript, but also they had ignored this critical evidence. They had also ignored the fact that the States witness had contradicted everything she had said in her Incident Report in her interview with Peavy and her testimony was full of bizarre statements and rambling nonsense. It was obvious to anyone that this woman was making up this story as she went along. And the ONLY WITNESS that was at the scene the entire time was never interviewed!!!!
FACT: When I went to my “Trial” on November 19, 2002, this crossbow was brought into a trial setting just before jury selection had begun, and we noticed that this thick layer of dust on the shaft of this crossbow had been CLEANED OFF!!! This evidence that the former detective Peavy chose to ignore when he collected this crossbow and that he was unaware of the fact that both my attorney and an expert witness had viewed this thick layer of dust on the shaft of this crossbow, decided to continue with his obstruction of justice and illuminate the evidence completely that was the crux of my defense.
Obstruction of Justice; Felony Tampering with Evidence; Violation of Oath of Office; Violation of my Civil Rights; Violation Due Process of Law; Malicious Prosecution
FACT: In court Judge Sumner made light of the fact that this evidence that was the crux of my defense was tampered with by the State. My lawyer, Mr. Rusbridge, made a good case as to why this indictment should be dismissed against me and that the dismissal of these charges against me was the only remedy in this case. The judge actually continued to make light of this obstruction and the fact that a felony of Tampering with Evidence had been committed and said that it “was a broad stroke to paint.” This is simply not true and anyone that knows about this evidence concerning a thick layer of dust on the shaft of a crossbow would agree, that this was evidence that would have proved to a mathematical certainty that this crossbow was not cocked at the time of this alleged incident. The judge alluded to a chain of custody hearing, but nothing was done and I heard nothing on my case for over two years after this trial except for a new indictment about a month later
with an additional forth charge of Simple Assault added to it!
In a earlier hearing the State (Ms. Helppie) stated to the judge that, “Mr. Walker cocked, loaded, and pointed a crossbow at the State’s witness.” Mr. Rusbridge responded by stating, “Your Honor, the crossbow was not cocked or loaded and it was never pointed at the alleged victim.” In the trial setting on November 19th, the State (Ms. Helppie) after it was pointed out that we had an expert witness to testify that this crossbow was not cocked and, therefore, would not have been loaded; the State (Ms. Helppie) stated that the State had never alleged that the crossbow had been cocked or loaded. This was another lie!!!
Obstruction of Justice; Felony Tampering with Evidence; Violation of my rights; Violation of Oath of Office
FACT: Mr. Preston Peavy is no longer a detective because of my case and all I have been able to find out is that “he was not doing his job.” I have filed an Incident Report on Mr. Peavy and reported his behavior to Internal Affairs. Internal Affairs was reluctant to take my complaint and attempted to dance around doing it. Only after my persistence did Captain Lacey agree to file my complaint and to look into it.
I filed an Incident Report that was also met with resistance and that was filed specifically on Mr. Peavy, yet his name is not stated anywhere in my report and there was a 3rd page marked “confidential” and I was not allowed to have a copy of this page of my own report!!! How can they leave out the name of the very person that I filed a report on and how can they deny me a complete copy of my own Incident Report that I filed!!! I recorded the filing of this report and all conversations with Internal Affairs.
Violation of rights; Obstruction of Justice; Tampering with evidence; Violation Oath of Office; Violation Due Process of Law; Violation of departmental procedure
FACT: Ms. Wagner filed a false Stalking Temporary Restraining Order against me after filing an Incident Report with nothing but false allegations and untruth in it. The Stalking Temporary Restraining Order that was filed against me by the State’s witness [Jacqueline Wagner] was dismissed by Judge Sumner for insufficient evidence.
FACT: The State’s witness, who was supposedly very afraid of me, approached me and a girlfriend at our table while we were sitting in a restaurant on the day of my hearing for this false TPO and she attempted to force me to leave—When my girlfriend told her that we were not leaving because we were there first, Ms. Wagner got very upset and demanded that I leave and stated that she had a TPO on me. She became very agitated and began shaking physically during her aggressive demands. She then went over to an officer that had walked into the restaurant and demanded that he make me leave and she told him that she had a Stalking TPO on me. The officer refused and explained to her that he could not force me to leave when I was there first and had already ordered food and the officer told Ms. Wagner that if she was uncomfortable that she would have to leave. It is my understanding that Ms. Wagner then went to Family Violence and told them, and they told her the same thing. I explained to the officer that we were going to a hearing on that day, and we had been excused for lunch. An Incident Report was filed and I have a copy of the report.
Ms. Wagner came into an Alcoholics Anonymous meeting in Smyrna, Georgia where I was celebrating my ten (10) year birthday, some 45 minutes after I walked into the meeting place, and she called the police on me for absolutely no reason. She told the officers that arrived that she had a TPO on me. The officers did nothing to me after an investigation and I filed a Police Report on the incident. I quit going to the meetings in Smyrna and I began to frequent meetings in Acworth and, after some time, Ms. Wagner started showing up at meetings that I was attending at this new location. Ms. Wagner, this witness for the State, has made it clear to the detectives that she is extremely fearful of me, yet she began coming to meetings on a regular basis that I was already attending in Acworth and began calling the police for no reason. Ms. Wagner would make up scenarios in an effort to have me arrested. One of the meetings that this occurred in was a celebration of twelve (12) years of sobriety and a very special occasion for me. Several reports were done on these incidents. Ms. Wagner continued to come into meeting that I was already in attendance and would intimidate me at times during the meetings and at other times as I stood around talking with friends after the meetings. I took this problem to the How Place Committee Meeting and Ms. Wagner was given a warning. I discontinued going to AA meeting because of this scenario.
FACT: Jeff Rusbridge and the office of Robert M. Dyer & Associates, P.C. no longer practice Criminal Law because of my case and the crimes committed against me by Officers of the State and the decisions by Judge Sumner in dealing with the tampering with evidence in my case, or I should say his lack of dealing with it.
FACT: On March 17th 2005 I asked the DA’s office by letter for these charges to be dismissed and I got notice in the mail a few days later dated the same date of March 17th for a new trial date on the April 2005 calendar.
I had found out that my case was being “LEFT TO DECAY” and several months after this and after over two years of no activity on my case since going to trial, I asked for these charges to be dismissed knowing full well that I would probably get a new trial date, but I did this only to pursue justice for the crimes committed against me. I hired you (Jimmy Berry) to help me with these wrongs committed against me. Why are you not helping me? I ask you questions and get no answers. I send you letters to look over and I get no response from you on them. I ask you about important motions and put together the facts to support them, and get no feed back and all my efforts are for nothing. I go to court on my trial dates and I know nothing that is going on. I call and leave messages and you do not return my calls in a timely manner.
As I mentioned above, I called your office and Tonya tells me that my case is being moved to State Court, yet there is nothing in writing about this. Again, why would the State pursue misdemeanors that are nothing more than trumped-up false allegations by this unbalanced female after four years?!
It has been over four years since this incident, and this indictment and the charges against me are wrong and the crimes committed against me of pure corruption and obstruction, are wrong! Something should be done to help me! For God’s sake and for the sake of truth and justice, please, I need your help!!!
Right to a Speedy Trial denied; Delayed Prosecution; Malicious Prosecution; Obstruction of Justice; Violation of Constitutional Rights
Regards,
Kerry C. Walker
