• About Us ▼
• Law ▼
• Research ▼
• More Research ▼
• Cases ▼
• Prison ▼
• Reaching Out ▼
• Reaching Out 2 ▼
• Special Cases ▼

Garry T. Moss

District Attorney

Cherokee County, Georgia

Dear Mr. Moss, June 9, 2005

I was just wondering if I could ask a very big favor of you. I noticed in your mission statement that your goal is to “seek justice and to act with integrity.” I noticed in your list of guiding principles that you will “treat all people with dignity, respect, honesty, and fairness.” It goes on to say that you will hold “all persons responsible for their actions” and that you will “provide ethical competent, and professional service.” Your principles also state “we will treat each other fairly and courteously.”

I feel like a broken record, because I have been proclaiming my innocence for nearly four years now. It seems the more I try to let the light shine on the fact that I am not guilty of these charges the more I am persecuted for them.

The facts are that I filed a report the same day of this incident, and the alleged victim did not file a report until several days later. My report was never investigated and when I retrieved the report it was missing critical information that I had told the deputy. I made several attempts to contact the deputy, but could never get a return phone call. I had attempted to file a “Supplemental Report” before, and I was threatened with arrest. The only witness that was at the scene was never interviewed. The former Detective Peavy asked if there were any witnesses, and I told him yes, and I stated that he was there at my home at that time and asked if he wanted to talk to him. His response was, “No, that that would not be necessary Mr. Walker, have a nice day” and he shook my hand and the two detectives left. A taped conversation from me talking with Ms. Wagner, and that a transcript was made from was altered to end with me saying “Bye” before this conversation actually ended and just before Ms. Wagner’s statements that would have indicated her to be violent and a liar. When the former Detective Peavy came to my residence to collect this evidence, I attempted to point out facts about this evidence that an expert witness and my attorney, Jeffery Rusbridge, had seen two months prior, yet this evidence was jerked from my hands and this evidence was ignored. When I went to a hearing I mentioned that there had been manipulation of evidence in my case, and Ms. Helppie stated that there had been no manipulation by the State. At my trial, or the hearing portion of my trial before a jury was seated, this evidence was brought in and it had been altered to eliminate evidence that was the crux of my defense.

I fully understand that everyone says that they are innocent and I know this to be frustrating. The reality is that out of the hundreds of thousands of human beings that say this, there must be a few that are being honest about professing their innocence. And if not a few, then there may be at least one. I submit to you that I am that one that is not only innocent of the crimes that I was charged with from an incident on September 16, 2001, but that I was the victim of the actions of a woman that is far from being sane, and she committed violence and intimidation against me and she created this nightmare. I promise you that if you had been with us throughout that night of chaos created by this woman you would have seen that I was not the perpetrator of any violence, and you would have not arrested me. In fact you would have arrested her!

This woman has “stalked” me at AA meetings and called the police several times for no reason, just to intimidate me and to have me falsely arrested. The first incident of this was at a location in Smyrna called “The Whole Recovery Center”, where I first got sober, and where I had celebrated my sobriety birthday every year. I had this birthday celebration planed well in advance and they were aware of the situation with this woman and told me not to worry and that if she happened to show up they would take care of everything. She showed up over an hour after I got to this location, and some fifteen minutes into the meeting. As soon as she realized I was in this AA meeting she left and then called the police. The fact is she lied to the police and told them that she had a Stalking TPO on me, which had in fact been dismissed. After the incident there I quit going to meetings for some time and then began going to meetings primarily at the HOW Place in Acworth. After I began to frequent this location, Jackie Wagner began attending meetings there, primarily the 10:00 pm candlelight meeting. She would come into meetings that I was already in attendance to do nothing more than intimidate me. After having my 12th birthday celebration announced the night before, in a meeting Ms. Wagner was attending, she came to this location with the premeditated and sick motive to call the police on me in the middle of this celebration.

I ask that you try to understand my behavior by looking at the truth about the facts of my case. I had turned my life completely around in 1992, and I have been surrendering to this energy behind creation, or that which we call God, ever since. I will make it clear from the start that this creative energy that I found, which is this energy behind all living and non-living things not created by the hand of man, and which is that energy which may be called God, for me has nothing to do with orthodox organized religion. This comes from years of diligent and open minded research. I have done many miraculous things since getting sober and through this understanding of the power of dieing to self. I designed and built a beautiful 4800 SF home on a very difficult lot and I worked some 15 to 20 hours a day for two years to physically build it. This was my dream home that I had first designed after graduating from Southern Tech in 1977 with a 3.0 GPA in the field of Architectural Engineering. I had done a perspective rendering of this home, and an entire set of working drawings for a one-story ranch home with an authentic Tennessee Stone fireplace. I had to re-design this house as a two-story home to attempt to build it on a very difficult lot. This lot that I found and bought in 1977 next to Corps of Engineering land, was, by the grace of God, the very area that was one of my father’s and families favorite place to come camp, hunt, fish, swim and go boating. My father told me that we first camped on this land overlooking Lake Allatoona when I was just a baby.

I went through a difficult time with my wife in her problems in dealing with the stress from building this home. I won that battle because I was her fourth husband, and I attained letters from her x-husbands about her violent and problematic behavior with them. I kept my home at the end of this battle, but, (as I had written from the beginning in a settlement agreement that she originally refused), she came out as a winner too by the eventual fulfillment of my settlement agreement.

I got into a “rebound” relationship with a woman named Tena McDonald that I had sold a Mobile Home to that I had planned on putting on the lot while I built this awesome home, several years before. This woman had a drinking problem, and I attempted to help her to get sober and got into a relationship with her (big mistake). She seemed willing and she started working for me as an office manager through the company I worked for, and that I was building this new branch company from the ground up called Patriot Builder Services. I was working from 50 to 70 hours a week as General Manager/Construction Manager of this business. The problems with Ms. McDonald started when her son Eddie Archer started coming over to my home. This guy is a left wing militia so-called Christian type that believes that the earth is 4000 years old and he believes that Timothy McVeigh and Rudolf did the right thing--- and he believes violence is the best way to bring about social change. In other words, this guy is a nut. Not long after Eddie began coming around, Tena’s other two kids, Tommy and Lee Ann moved in with me. I already knew about many problems with them, but just three days after they moved in I found out that Lee Ann was being sought after for armed robbery. I was the one that turned her in for this crime against the wishes of her mother. Lee Ann never had any remorse about committing this crime and from this point on I had nothing but problems with her and her younger brother, Tommy. After learning about Eddie’s beliefs and his dominating personality of pure ignorance, and the fact that he was still using drugs, I asked him get off my land and not to set foot back on it. In fact this guy was smoking dope with Tommy, who was fourteen at the time, and he justified doing it. The problems that escalated from this are too many to detail here, but I have put together a detailed story of these events that include all the police reports and other documents if you are interested in reading it. I can tell you that this family threatened me, blackmailed me, extorted money from me, filed false warrant applications against me, and that Ms. McDonald filed a completely fabricated story of false allegations against me in a TPO and manipulated Officers of the State in doing so, using her daughter as a “witness” to events that never took place, and I have definitive proof of these facts in the form of recorded statements and a witness.

My bad luck had not run out yet, and I ran into this woman named Jackie Wagner at an Alcoholic Anonymous dance several months later. We hung out together for the entire dance and laughed and talked, and then this woman asked me out. I told her that I did not date women in the program, although I might consider it if she had six years of sobriety or more. I asked Ms. Wagner how long she had been sober and she said,“Um, like, Um, six years.” This was the first lie told by this woman, but it would not be the last. This off and on relationship of two weeks with this bi-polar/ADD Disorder/nutcase was the worst nightmare of my life. I was the victim of this woman’s grave emotional and mental disorders and her violence, control, and domination, hidden at first by a false persona of friendliness. The fact and the truth is she is a sociopath and a prolific and pathological liar and there is overwhelming proof of these facts. I have written down the entire story of this nightmare and how my life and the life of my family have been affected by it.

Another disturbing thing about my case is the truth of the fact that I asked my attorney several years ago to file a Motion for a Speedy Trial, which I am guaranteed by the Constitution. In fact I have a letter written on 11/25/02 and stamped “RECEIVED” by Mr. Rusbridge’s office on 12/10/02 that states as follows: “I am writing you concerning my case. As you know in the beginning I asked you to file for a Speedy Trial, but you suggested that I not do that because it makes the State made and they put you on every trial calendar. I said that I did not care and that I wanted to get this to go to trial and get it behind me, but you again suggested that I not do that and you added that sometimes it’s best to take longer because memories fade. I never really understood this, because I did not want memories to fade, because all of the witnesses were going to benefit me. I am suppose to be guaranteed a Speedy Trial by the Sixth Amendment, applied to the states through the due process clause of the Fourteenth Amendment. What has happened to that guarantee of due process?”

I understand that Wally Rogers has asked to interview the only witness that was at my home at the time of this incident, and I have given my consent for this. I hope this interview with this witness some three years eight months after an incident will bring closer to this nightmare for me.

I have many people that support me in my innocence and many have written to Rep. Byrd in support for me. If I’m not being honest, why do so many people that are familiar with the facts of my case give me their support and believe in my innocence?

The main reason I am writing to you, Mr. Moss, is to ask you to look into what has gone on in my case and to hold all persons responsible for their actions. I have enclosed a document that covers my request to you and this complex case and my fight for my innocence. Please take the time to read it in its entirety and let Jimmy Berry know your response to this matter.

Regards,

Kerry Walker

Back

Home