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Garry T. Moss

District Attorney

Cherokee County, Georgia May 26, 2005

Sir:

Re: Request for investigation of corruption and judicial misconduct in Cherokee County Georgia, and crimes committed against me and violations of my rights by means of Violation of Oath of Office, and Felony Tampering with Evidence.

I am requesting an investigation into the criminal activity and judicial misconduct by the former Detective Preston Peavy (and possibly other officers of the State).

My first attorney, Jeffery Rusbridge, has become a witness to these events, and I also have an “expert” witness, Wade Pittman, owner of W.D. Archery in Cartersville Georgia. There is also a citizen witness, Drew Mayo, who is a witness to the fact that he was never interviewed, yet he was the only witness at the scene and that no thorough investigation was done, and he is also aware of other aspects of this case.

I have been involved in this case for over 3 ½ years, which involves incredible corruption and crimes against me, and that I hope and pray will be of interest to you. I was arrested on September 25, 2001 from an incident on September 16, 2001. My arrest was based on false allegations from a low class “biker” woman with all kinds of mental disorders that I was involved with, off and on, for two weeks, and that I had met at an Alcoholics Anonymous dance. I was in fact and in truth the victim of this woman's violence and control and not the perpetrator.

We had gone to do a Tandem Skydive that day, but the planes were grounded that day because of the September 11th attacks, so we got a room in hopes to do our skydive the next day. This woman put me through pure hell all night long and she hit me three times giving me a bruise on my arm, a severe bruise on my chest and a severely blackened eye in a Holliday Inn Hotel in Cedartown Georgia. After this very difficult night because of this woman's actions we left there the next morning headed to her home, but my Jeep overheated and we had to stop for water. She threatened and intimidated me the entire trip and I demanded that she get out of my vehicle twice but she refused. Once I got my Jeep cooled down, we tried to make it to my home, which was much closer, so that I could get another vehicle. Once we got to my home, I realized that I did not want this woman in another vehicle with me. My head was pounding and I went into my home to think about what to do next. There was a witness (Drew Mayo) at the scene (at my home) the entire time of this alleged incident; yet, the now former Investigator Peavy (or anyone else) never interviewed him. This woman lied about everything in her initial police report and then contradicts her own statements, later on and after my arrest, in recorded interviews with the investigators.

I have had some problems in my distant past, but I began to get a grip on my problem of drug addiction in 1988, and I turned my life around completely on April 12, 1992. I was arrested in 1992 after an argument with my father after I told him that I wanted to get some help and that I wanted to go to a treatment center. I ended up going back to jail and then to one of Governor Zell Miller’s boot camps. After I left the boot camp I went through a 21-day treatment center. I have been sober ever since and I have worked all twelve steps of this spiritual program.

In 1997 I designed and physically built a beautiful 4800 SF home on a piece of land that I found and bought by the grace of God on the corner of the Etowah River and Lake Allatoona, which happened to be one of my father’s and families favorite places to come camp, hunt, fish, swim, and go boating. I worked 15 to 20 hours a day for two years to build this house for a wife and two step children that I loved very much. My wife could not handle the pressure of building this house and she ended up filing for divorce during the final stages of building this incredible home. My father was so proud of me and of this house that was built like no other, and he bragged about me nonstop. I have a four-year degree in Architecture from Southern Tech in Marietta plus years of experience working with my dad, who was a builder and developer, and in doing home improvement, and I put it all to good use in building this home.

I have shot archery all of my life and I was saluted by the City of Atlanta as an outstanding Champion in archery and I have done archery demonstration all over the state. I was involved in Boy scouts in my youth and I earned 22 merit badges and life scout, and I also earned the Order of the Arrow. I had bought a crossbow for my stepson from Sports Authority and I taught him how to become very accurate at target shooting. We spent many hours enjoying the sport of target shooting and we both enjoyed it often. After my divorce this crossbow sat in the corner of my bedroom leaning up against the wall for well over two and one half years and was never shot during this long period of time.

I filed a report the same day of this incident and this woman did not file a report until four days later. My report was never investigated and her report was responded to on the very next day of her filing it. When asked, I let these detectives into my home and showed them this “crossbow” that this woman claims that I had cocked and loaded and pointed at her for no reason at all. I allowed them to take a picture of this crossbow. (When I asked him to take a picture of my severely bruised eye, he said, oops, the camera must be out of film.) I also attempted to show these detectives a bruise on my chest, and Peavy said that he could not see it (He was not even looking). I led them into my bathroom for better light where there was a Jacuzzi Tub, and in the Incident Report this woman claimed that I had pushed her into this tub at my home. Again she contradicts this story in a later interview and admits that this occurred in Cedartown Georgia, and that it was an accident, and that she fell into the tub. She had locked herself into the bathroom and, after some 15 to 20 minutes and because I feared that she would harm herself (she has attempted suicide twice before) I opened the door with a coin, and as I opened it and looked in, asking if she was okay, she slammed the door shut on my head. I pushed the door off my head and she, simultaneously, pulled on the door, and as she did she lost her balance and fell into the tub at the Holliday Inn in Cedartown. When I took these two detectives into this room with the tub, they both noticed that the hardwood towel rack was pulled off the wall. Peavy’s eyes lit up when he saw this and he was not interested in looking at some bruise on my chest, and he glanced over at the other detective and I knew they were both thinking this was “probable cause”. I tried to explain that this was not where this incident happened and that this towel rack had been pulled from the wall simply because the screws did not hit a stud and I had witnesses that would confirm this fact. But Peavy was not interested in the truth. This (former) detective was out to get me for some reason and I don’t understand why but his actions against me during this case are proof of this fact.

I did not feel that I would be arrested in this case when the detectives left, as they had declined to talk to the only witness that was at the scene and who happened to have come home while they were at my home talking to me. When Peavy asked if there were any witnesses, and I said "Yes, my roommate was home the entire time but I have not discussed it with him at all, would you like to talk to him?" Peavy responded with, "No, Mr. Walker, that wont be necessary," and he shook my hand and said have a good day and left.

I ended up getting arrested on September 25, 2001, and I bonded out that same day. I called Jackie Wagner, the alleged “victim”, the day I got out of jail, and she recorded the conversation. This woman brutally beat me up the night before, and she told everyone that I had “hit myself all night long, and all night long I kept on hitting myself.” Several friends from AA called me and told me that she was telling them this story and none of them believed it because they knew her. I asked her about this in our conversation, and she tried to cover her tracks, but failed miserably, and her statements were proof that she is violent and a liar. When I saw a transcript of this conversation, I was shocked by the fact that it had been doctored to end just before my question was asked, and it added a “Bye” before any statement was made by the alleged victim. I did not say “Bye” at this point in this conversation. We have never been able to get a copy of this tape in over 3 ½ years and after several Motions of Discovery have been filed.

As I stated above, I filed a report the same day of this incident and when I got a copy of my report, that was never investigated, I noticed that it lacked critical information that I had told the deputy. I called him several times about this and he never returned my call. I had tried to file a “Supplemental Report” at the precinct before this and I was threatened with arrest. Again, I want to point out that this woman did not file a report, (that was full false information that has been contradicted by the alleged victim herself), until four days later, and her report was investigated the next day. There was no investigation, and no probable cause hearing before my arrest.

I asked my first attorney several times early on to file a Motion for a Speedy trial, but he never did. He told me that it makes the State mad and they will put you on every trial calendar. I told him (and I have proof in a letter stamped “RECEIVED” by his office) I did not care if it made them mad, I wanted this motion filed. He never filed this motion as I asked him several times to do.

I was working on and praying for a Pardon from a guilty plea on the sale of a small amount of drugs back in 1986, and I could not afford any arrest. This woman knew this as I had made the mistake of telling her too much. This was the reason, among others, that I did not involve the police until she threatened me in my own home later that same day. I then picked up the phone and called 911, and it was her that grabbed the phone from me and asked me not to call, and not as she claims. She may have picked it up sometime after this and called, but I don’t know (In a recorded interview she admits that she did not know who’s call went through to 911). I do know that we have never been able to get any 911 recordings of any call that was made from my home that day.

I was arrested for Simple Assault, Simple Battery, and Obstruction of 911. These were my original charges and then the “Grand Jury” upgraded my charge of Simple Assault to Aggravated Assault. None of these charges are correct and my attorney from the very beginning made it clear in a letter to the Prosecution that the indictment was not correct. The truth is, and what is left of the evidence will show, that I was a victim of this low class psycho biker woman and I was not the perpetrator.

Let me again point out the facts. This woman alleges that I pointed a cocked and loaded crossbow at her for absolutely no reason. This crossbow rested in the corner of my bedroom at an angle against the wall. I am an archery champion and have been saluted by the City of Atlanta as an Outstanding Champion in Archery. I bought this crossbow for my stepson, and I have pictures showing us enjoying target shooing with it. I had gone through a divorce and this crossbow had not been used in over 2 ½ years. I noticed after my arrest that a large amount of dust had accumulated on the crossbow and especially on the shaft of this crossbow. This was absolute proof that it had not been cocked, and if it was not cocked then it could not have been loaded. Cocking this crossbow would have absolutely cleaned this thick layer of dust off the shaft, as the positive tension of this string pressing against it was pulled back. It is impossible to have cocked it and not cleaned off this thick layer of dust on the shaft. My attorney came out to my home with an “expert” witness to look at this crossbow, and this “expert” witness will testify that this crossbow definitively had not been cocked at the time of this alleged incident; therefore this woman story was fabricated.

A few months later, in December of 2001, the police came out to my home with a Search Warrant to collect this crossbow. I attempted to show the investigator (Peavy) this dust on this shaft that was proof of my innocence, and the crossbow was violently yanked from my hands. The former investigator Peavy never considered this evidence and he was completely unaware that an “expert” witness (Wade Pittman) had seen it, along with my attorney, Jeffery Rusbridge.

After several Plea Offers, with each one being their “final offer” and after going to several hearings, I went to trial on November 19, 2002. Before a jury was seated, the Prosecution walked in with this crossbow, and I looked over at it and noticed that someone from the State had completely cleaned off the large accumulation of dust on the shaft of this crossbow. My attorney made a motion to have these charges dismissed against me. The judge made light of all this and did nothing!

I heard nothing about this again, and I was re-indicted in December of 2002 with yet another charge of Simple Assault added to my charges and I went to yet another arraignment in January of 2003. My case was placed on a DEAD DOCKET until May 28, 2003, at which time it was removed from a DEAD DOCKET. My first attorney, Jeff Rusbridge became a witness (There went $9,000.00) and I hired another attorney and paid him a $15,000.00 retainer. This attorney (George Weaver) did not do so much as to return some nine phone calls after two meetings with me, and I fired him a few months later. It took an act of congress to get half my money back from Mr. Weaver.

Over the past three years this nutcase, Jackie Wagner, has come into a restaurant where I was already seated and eating with a lady friend, and demanded that we leave, involving the police for no reason other than control and intimidation and in another attempt to have me falsely arrested. She has called the police on me at a location in Smyrna that I was at some 45 minutes earlier and was there celebrating my 10th year of sobriety and she did this for no other reason than an attempt to intimidate me and harass me and to try to have me falsely arrested. She has stalked me at another location in Acworth called the police on my 12th anniversary of sobriety and has called the police on me several times there, again with the intent to intimidate me and to have me falsely arrested. I have been to two attorneys trying to file a restraining order on her (Don Mize and Gil Howard), and both attorneys felt that it would only make her angrier and cause her to bring me more harm or even bring more violence against me.

Nothing was done on my case again, and after nearly 3 ½ years of this hell and after hearing nothing for well over two more years after this case became active again, I decided to ask that the charges against me be dismissed and to take this information to the DA's office about her stalking me. I got a letter a few days later with a new trial date! I have had to hire another attorney (Jimmy Berry) and spend another $10,000.00 that I did not have to spend, and this nightmare continues. They have ruined my life and I lost a 4800 SF awesome home that I personally designed and physically ran the crews and did the labor and everything else to build. As I mentioned and as I want to reiterate, it took me two years working 15 to 20 hours a day to complete this beautiful home on property that I bought by Corps of Engineering Property on Lake Allatoona, that was one of my father’s and family’s favorite placed to come camp, hunt, fish, swim, and go boating since I was a baby. My father was so proud of me and how well this house was built that it was unbelievable, and now it is unbelievable what has been done by those in this system that are corrupt and dishonest in order to destroy me.

I filed a complaint against the former detective (that is now in uniform patrol), and I feel that he has committed the crime of Violation of Oath of office and violated my rights by not interviewing the primary witness at the scene and not considering this critical evidence when it was collected, and someone, and I believe it was Peavy, committed the crime of Felony Tampering with Evidence by doctoring this transcript from this conversation with the alleged victim and by altering this evidence before it got to my trial.

These are the facts of my case and if you have any questions please do not hesitate to call me. The corruption here in Cherokee County is so far beyond the normal good ol’ boy corruption that everyone is afraid to fight it. An attorney named Luann Evans fought the corruption here and she got one judge fired, but soon after that her career and her life were ruined by the power of those involved in the corruption here and she moved out of this county. I talked to her in a phone conversation, and she said that I needed to get out this mess and move out of this town because I would not win. I refuse to give up on the truth of what has been done to me and I will fight for justice until the end. I just hope this fear will not apply to you and that you will keep your conscience right with God and truth about my case and be serious in your consideration of this letter.

I fully believe that the truth of what has been done to me, if approached and faced head on will have far reaching impact. I do not know exactly what justice is in this case against me, but I just know that what has been done to me so far isn’t even close.

Thank you for your time and consideration.

Regards,

Kerry C. Walker

4590 Knox Bridge Hwy

Canton, Georgia 30114

404 886-2503

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