Wednesday, September 13, 2006

Georgia is a Police State-America is a Police Nation

Georgia is a Police State-America is a Police Nation

By Kerry Walker

It is very difficult to believe that I was arrested over four years ago, over a week after having the crap beat out of me by a violent, unbalanced, and controlling nutcase and after being put through the purest form of physical and psychological torment, virtually all night long. But this is the America I have come to know.

I have fought a relentless battle for my innocents and I have put together a defense that could not be beat, with witnesses on top of witnesses, and documented evidence upon documented evidence. Had I put all of my faith into the hands of attorneys alone and in the process of our so-called justice system, I would most likely be sitting in a prison cell wondering how this could happen to an innocent man—a man that was in fact the VICTIM of this violent unbalanced female and not the perpetrator.

I have never gone to trial, after my first trial was interrupted before seating a jury by the fact that evidence that was the crux of my defense had been altered to eliminate this thick layer of dust on the shaft of this crossbow that was definitive proof that it had not been cocked or loaded as this woman claimed. This woman alleged that, for no reason at all, I just walked into my bedroom with a smile on my face and picked up a crossbow and cocked it, loaded it, and pointed it at her.

But Judge Sumner made light of the fact that this evidence had been altered and stated it “was a broad stroke to paint” to insinuate that an Officer of the State would alter this evidence. But because of this evidence being altered, my trial on November 19, 2002 ended before it got started and, by my decision not to go forward, my attorney of record, Jeff Rusbridge, became a witness in my case.

Why would a judge make light of such critical evidence being altered, especially when an expert witness, Wade Pittman, from W. D. Archery in Carterville, Georgia, could testify to the fact of the condition of this evidence and to this being proof beyond a mathematical certainty that this crossbow was not cocked or loaded as this woman claimed, and my attorney of record had also witnessed the condition of this evidence along with this expert witness a short time after this alleged incident had occurred? On top of this, the State had been notified to preserve this evidence after the now former detective Peavy had ignored my pleas to consider this critical fact about the condition of this evidence that was proof of my innocents when this evidence was collected by the State. Because of this detectives dishonesty my bogus charge of Simple Assault was upgraded by a Grand Jury to Aggravated Assault, a felony. And on top of all this, this now former detective Peavy had ignored all the evidence at the scene that pointed to my innocents and, on top of that, he never interviewed the only witness at the scene as well as to ignore the reality that this woman had contradicted every statement in her Police Report, (that was not filed until several days after the alleged incident), by her very statements in her interview with Peavy just before my arrest. Yet I was still arrested!?

Then on the day of my arrest and my subsequent bond being posted by a friend, I was able to talk to this woman on the phone and get critical statements that proved that she was both violent and a liar. But Peavy not only ignored this information, but he had the transcript doctored to end with me saying “Bye” just before this information by the alleged victim was given that contradicted her story and then Peavy made sure that the tape would never be found. But I had recorded the other end of the conversation and had proof of his criminal behavior and Obstruction of Justice. And on top of this I had recorded a conversation with Peavy that same day where he stated the very pretense to his motive for this behavior when he said that the truth “don’t concern him one way or the other.” He made it very clear in this recorded conversation that he was not concerned that he had ruined my life with this false arrest and that he was the type of dishonest personality that would do what ever it took to manufacture the guilt of an innocent man—a man that was in truth the VICTIM of this controlling, violent and demented woman’s behavior and not the perpetrator of violence of any kind.

But what does it mean for an Officer of the State to commit such crimes against a law abiding citizen that had turned his life around nearly nine years before this incident and now nearly fourteen years ago? Absolutely nothing! A citizen’s complaint about crimes committed by an Officer of the State means absolutely nothing to the authorities, and, believe it or not, this is the law.

I have written to many representatives and senators, and congressmen—all the way up to the Vice President and President. Rep. Byrd lied to me about having my case investigated and I can prove this by our taped conversations and emails, and her husband Mike Byrd, Chairman of the Board of Commissioners, never even responded to my Certified Mail asking for an outside investigation, yet this town violates the integrity of our Founding Fathers and our Constitution and post the Ten Commandments, with reference to the Christian Bible, in our courthouse.

Derick Corbett, from John Linder’s office, was the only one that inquired about my case and that did anything to try to help me.

Incident Reports filed by me have always left out critical information that I stated to the responding officers and my attempts to file Supplemental Reports were met with refusal and even the threat of arrest. The Secret Fraternity and the Code of Silence brings about a band of thieves that answer to each other before they answer to this energy behind all Creation, which is God. I filed a report on Peavy’s actions and this report did not even contain his name and a Supplemental Report that I attempted to file six months later was again refused and then the report filed by Corporal Sims contained false information and outright lies, and I have absolute proof of this by means of a recording device used in plain view of this dishonest officer.

I have reported Peavy’s actions and the details of the facts to Captain Edward Lacey of Internal Affairs. I have written to Sheriff Roger Garrison, with no response received. I have asked the District Attorney, Garry Moss, twice to investigate Peavy’s actions and then to have an outside investigation done and he never responded to my letters. I have asked the Attorney General’s office to investigate Peavy’s actions. I have asked the Georgia Bureau of Investigation to investigate Peavy’s actions. I have written Governor Perdue several times and talked with Governor Perdue and the Special Assistant to the Governor, Ben Fry, in person about his actions. And even though Governor Perdue sent a letter to me and to the Georgia Bureau of Investigation asking them to “review” my case and report directly to me, this means absolutely nothing, unless Governor Perdue ask them specifically to “investigate” my case, and this he apparently will not do. So in simple terms, the Governor and Mr. Fry played me for a fool.

I have been given back the evidence collected by the State in my case and I have been told that my indictment is being dismissed. Of course the “Chain of Custody” of this evidence has conveniently been doctored to leave a blank in the “Received By” space on November 14, 2002 and just before my trail on November 19, 2002. This break in the “Chain of Custody” makes it very difficult, if not impossible, to determine in hearings who altered this evidence before it was brought to my trial. I was told by two attorneys and by Holly, the assistant to the prosecution in my case, that my case was being dismissed and then after attempting to talk with the prosecution, Wally Rogers, about leaving the State of Georgia in order to work in Florida as an Instructor with the United States Parachute Association, and apparently because I took some pictures, with permission, of the Ten Commandments being displayed in our courthouse, I’ve now been told by Holly, (which contradicts her recorded statements to me beforehand that my charges were being dismissed and that she had prepared the order herself and that it was with Judge Harris waiting for his signature), that my charges are still under consideration and the order is still with the Assistant District Attorney, Mr. Rogers.

This low class and unbalanced woman has tormented me and this crooked cop has tormented me with the help of his buddies with a badge and these big egos to go along with it, and now I’m being tormented by the District Attorney’s office by means of Wally Rogers, and they just keep on playing games with me. I think this is pure and simple harassment and further displays the malicious and biased attitude, with extreme prejudice, of the prosecution and the District Attorney’s office towards me.

I have never thought about this state where I was born and raised in the light that I do
now, and I have come to the truth and the reality of how politically demented this country that I thought was so great really is. When we go beyond ourselves and observe with the truth of discontented eyes and listen with the truth of discontented ears, we can’t help but see the sad reality of a Police State and a Police Nation, and the reality that, as a citizen, or as an individual, I am no more important than the proverbial slug in the garden or that insect that sucks their blood.

Asleep in the USA

Asleep in the USA

“All that is needed for evil to prevail is for good people to do nothing.” Those that say it are correct in stating that we all have the good and the bad. Where you are mistaken is in your erroneous belief that these two opposites exist in some sort of harmonious balance in the time in which we live. One only has to look at the world or our present judicial system with one eye open to recognize and observe that this is certainly not the case.

I will not disturb your dream state or sleep by sharing here with you an exhaustive number of injustices and stories of bad judicial conduct that I have personally witnessed or read about. Nor will I give you an account of the acts of dishonesty, pressured plea bargains, manipulation, extortion, and tampering with evidence that I have witnessed in my personal experiences. We have evolved a system that believes the lies by means of false accusations before the truth is ever sought out and will go to any length to convict a man not guilty of the charges against him. We have evolved a system that will not step back and consider the reality of the evidence that points clearly to a man’s innocence.

A man convicted against his will and the truth he holds of his innocence – is of the same opinion that I am. There have been some studies done, but it is difficult to come up with an accurate number, but some good estimates are that there are some 100,000 men and woman in jails or prisons for crimes they did not commit. I know this to be true by the few trials and plea bargains that I have sat through, having watched what I believe to be innocent men convicted or to reluctantly admit to a crime after being forced to do so in order for a plea to be set forth—a version of the crime set forth by the State that the defendant had been denying all along in its essence, and of which there was no good evidence of their guilt. The State has just to put up some officer or investigator that will invent or fabricate evidence, yet unproven otherwise, and the average juror will believe them. Imagine that DNA evidence has cleared one in eight men on death row, caged for years in pain for a crime they did not commit. There have been over 210 human beings convicted of murder, rape and other serious crimes that have been cleared only because there is DNA evidence available to prove their innocence. If you do not see that this is evil and that this is criminal, something is deeply wrong with you.

There is neither the desire or the motivation in many people like me to convince opposing voices that go on sleeping while injustice prevails. You see, there is a growing number of people like myself who have a deep knowing that the chances are good that - it won't be very long before you, or someone you know, will fully understand, by way of personal experience, exactly what I am talking about. But once you are caught up in this nightmare and become “a cog in the wheel”, and you struggle to get through it and maybe loose everything in the process, once it is over, you will be so afraid of this monster that you will do everything in fear of ever seeing it again. In this fear lies the tragedy of our system and the tragedy of your life, and, I believe, the violence in our society.

When there is love there is no fear. Fear distorts and brings about psychological pressures that, if remain unchecked, can destroy a man or a woman. This system operates on such fear and it’s overwhelming to many, and on occasion this pressure brings about the very destruction of the individual, and often the destruction of others. If the defendant knows of his own innocence but is being pursued with a vengeance by the prosecutor and all the facts are being misconstrued and even manipulated and altered by the State in the attempt to indicate one’s guilt, this pressure is even greater.

Some of those in this system are good people that are a thorn in the side of anyone that is corrupt, and there are good judges as well. But this is so rare that it is hardly detectable and how can anyone stand for “honesty and goodness” in a system that is so blinded by the rampant air of the criminal mind.

Most people believe the system works and they believe the only ones who are complaining about it are those who have an unjustified gripe against the system and that these are the “criminals” who are getting their just due anyway. The people will not rally around what they consider to be someone just crying wolf.

Enough people have to be affected in order for reform movements to succeed, and this means coming forward with your complaint. If we continue to be fearful of standing up for our rights even after our rights have been violated, and possibly even crimes committed against us by those that are Officers for the State, then we are either being brainwashed into believing that the system works or that it is so corrupt that there is nothing we can do to change it. For those that have never been caught in the gauntlet of the system and are unaware of the injustices in the system, they have no desire to change a system that they believe is working in a legal and just fashion and they will turn a deaf ear to anyone that wants to bring about this change. Our greatest opponents are not the judges, or the prosecutors, or the lawyers---Our greatest opponents are the people themselves.


Effective judicial activism on the grass roots level has been a long time coming and I believe it must exist until there are some much needed and long overdue reforms in our system of justice or we may very well bring about the destruction of our society at large. I guess it is my calling to change direction once again in my life and become such an activist for myself and, most importantly, for others. I feel somehow this system is so astray from what represents justice that it, in some form, is perpetuating the violent and disturbed society that is in place today.

We have a system that will judge a man based on his past and not on what he has become. It is a system that will often believe the lie over the truth. And those within the system, the police and the investigators, are so fast to put the statements of a woman over a man’s when it comes to Domestic Violence that it can be devastating. But the statistics, if studied, show that the violence perpetuated by women against men is so close that it is considered to be equal. And in the process of filing Temporary Restraining Orders, the testimony of a woman scorned is taken down as to be fact and the final truth, and there is no Due Process to find out the truth before the man is served. On the other hand, and I have had personal experience with this, if the man goes to Family Violence and attempts to even discuss physical violence perpetuated on him by a woman, he is often ignored.

How many women have been killed by a man that has snapped because he was so enraged in anger from completely fabricated acts of violence and other sick behavior lodged against him and put down on paper as truth? Then, as in most cases, he has killed himself or gone to prison for life. I know the fact of false allegations to be realistic from first hand experience, and nothing is done to them for this criminal act of perjury, even when there is proof of such False Swearing. I fully believe that it is no exaggeration on my part that the State is indirectly responsible for ruining or ending the lives of thousands of good human beings. The State is this monster that will eat you up and it is the monster, that, if you are not guilty as indicted, it does not care.

I have never been well liked by those that are corrupt or that cheat others, because I have always refused to go along with it. There is corruption and deceit in almost every walk of life, and people tend to stick together like a band of thieves. Our judicial system and all those that operate in it, as well as most of the lawyers, are often like this band of thieves operating in a good ‘ol boy system that simply justifies and accepts the inevitable corruption. It’s time we stand up for ourselves against the tyranny of this system, and somehow, someway, bring about a change within it.

I am fully aware that no change can come about until each individual realizes that his or her conciseness is not separate from the rest of mankind. We are the world. What you are is the rest of society. This is a fact. It is not until we are each at peace within ourselves that we will bring about order within our culture. It does not matter how much knowledge we have or how powerful we become, without goodness and love one is not educated.

The problem that confronts most of us is whether we are an instrument of a system to be used, controlled, manipulated, and destroyed by a certain pattern of government; or does society, the State, exist for the individual? Is the individual the creator of society; or is he merely a puppet to be exploited and butchered as an instrument of so-called justice? How are you going to find this out? It is a serious problem, isn’t it?

I can tell you with certainty that the system here in Cherokee County is corrupt and that it has believed the lies of low class and dishonest women that have easily pulled the wool over the eyes of those working for the State, and for some reason, yet unknown to me, those working for the State have attacked me on every front and done every evil in the book to bring me harm. To add insult to injury, those working for the State have done everything to avoid the truth in my case, and have refused to look at the facts that clearly show that I am not guilty of these crimes, as I have been charged. In fact I was the VICTIM of this psychopath and now I have been made into the perpetrator. I have been considered “guilty” of a crime I did not commit ever since the day I was charged and I am still fighting for my innocence from an incident that happened 42 months ago, on September 16, 2001.

I first told my attorney to file a Motion for a Speedy Trial over three years, and when I talked to him again about a month later he still had not filed this motion, as I had demanded. My attorney explained to me that it made the State mad when this motion was filed and that they put you on every trial calendar. I told him that I did not care if it made them mad, I wanted this motion filed. The next time I talked to him he still had not filed a Motion for a Speedy Trail, and he again explained this reason to me and he added that sometimes it was best for it to take time to go to trial because memories fade, and witnesses move. I again explained that I wanted to go to trial, because the witnesses were on my side, and I wanted to get this behind me. This motion was never filed! Now it has been so long and there has been so much corruption that has taken place over the past several years that I would be a fool to think that I could get a fair trial in this county after all that has been done.

The investigator never interviewed the only witness at the scene. A transcript of a recorded conversation was doctored by a licensed transcriber at the request of Preston Peavy, the so-called "investigator" in my case, to elliminate statements that could have proved the alleged victim to be violent and added definitive proof to all the other evidence that she is a prolific liar. This so-called investigator ignored evidence that could have proved my innocence when this evidence was collected and was pointed out to him by me. And then this evidence, that was the crux of my case, was altered by the State at my trial on November 19, 2002 to elliminate this exculpetory evidence, and the crime of Felony Tampering with Evidence was committed, yet the judge made light of the obviouse fact that all this had been done to me. This evidence that had been altered was observed by my attorney along with an "expert" witness just after my arrest!!!

I heard nothing about my case for well over two years until I asked the State to dismiss these charges against me and all I got in the mail was a new trial date, and now I’ve been forced to spend an additional $7,500.00 to hire yet another attorney, and I’m still left owing some $2,500.00 or possibly more.

I am looking for others that have truthfully been done wrong by the system here in Cherokee County. I want to help myself and I want to help you, and, most importantly, to help expose and change the corruption of this system.

If you have a case pending, your attorney may tell you not to talk to me or anyone else about your case. This is true in most cases, but you must realize that you have a right to talk to me and you have a right to say anything or write anything you want, as long as the content is of good character and does not violate your bond conditions in any way.

Anyone that is willing to help in anyway, please contact me, at 404 886 2503 or write me at 4590A Knox Bridge Hwy, Canton, Ga. 30114. Let’s get together and talk and let me help you deal with the absolute corrupted power of this system here in Cherokee County.

Together we can make a difference.

Blue skies,

Kerry C. Walker April 16, 2005

“ does not require a majority to prevail, but rather an irate, tireless minority, keen to set brush fires peoples minds..” -- Samuel Adams

“There are a thousand hacking at the branches of evil to one who is striking at the root.” -- Henry David Thoreau

"In this country we embrace the myth that we are still a democracy when we know that we are not a democracy, that we are not free, that the government does not serve us but subjugates us. Although we give lip service to the notion of freedom, we know the government is no longer the servant of the people but, at last, has become the people’s master. We have stood by like timid sheep while the wolf killed -- first the weak, then the strays, then those on the outer edges of the flock, until at last the entire flock belonged to the wolf. We did not care about the weak or about the strays. They were not a part of the flock. We did not care about those on the outer edges. Now we must look the wolf squarely in the eye. That we did not do so when the first of us was ripped and torn and eaten was the first wrong."-- Gerry Spence

"Take all the robes of all the good judges that have ever lived on the face of the earth, and they would not be large enough to cover the iniquity of one corrupt judge" -- Henry Ward Beecher

“Power tends to corrupt, and absolute power corrupts absolutely. Great men are
almost always bad men.” --Lord Acton 1887