The past few months have held numerous and unexpected delays to my path of finally reaching the point in appeals that I could get to the type of Habeas Corpus filing that will mark the last stage at State levels of appeals in this case. Mostly health related, with multiple surgeries and hospital stays and care. The seemingly endless backlog from COVID within the appellate courts. Even now, it is a struggle to seize this break in the health issues and get this thing filed. I am very tired. I think that there is also a lack of understanding for most people, on exactly how the criminal justice system actually works for a defendant. Especially when it comes to appeals. So, I am going to take a moment and try to briefly summarize exactly what some of the steps are:
A criminal defendant has very few legal rights when it comes to defense. They truly are literally at the sole mercy of their attorney. Now, there are many excellent criminal defense attorneys out there. In my case, I had only one. My first public defender: Stephen McCrohan. Who was transferred to Denver in the early weeks of my case in 2010. From there, I landed James Conway. Who, after my filing formal complaint with former State Defender Douglas Wilson, was given the option by his employer, on January 23rd, 2012, to either defend according to facts rather than his personal strategy and personal views (or) choose early retirement or termination of employment. He chose to leave what was a decades long career with likely a personal plan to eventually retire comfortably. And took the 'early retirement' option. He was given the ability to stay on for "6 more months" and finish up the Marcus Bebb-Jones murder case. But then chose to get caught gossiping in an open courtroom, with the court's stenographer and recorder while waiting for the day to begin, and disclosing facts about my case. Was turned in and ended his public defender career. I was assigned ADC Kathy Goudy. There is no need to go into, at this point in my current posting, the long and arduous road with Kathy. She will show up, for you to read the end result of her actions that continue to linger on, in the Habeas filing when I post it over the next few weeks.
What is relevant while discussing the rights of a criminal defendant on appeal, is that no appeal can be made if the issue at hand is not on record pre-trial or trial. In the case of the issue you are about to hear about (and) more about in the Habeas filing; Jim Conway and then Kathy Goudy refused to argue the facts of my defense. Instead, they chose "strategy". No matter how much I demanded they defend facts. No matter how much I struggled to get the court and other authorities to make them defend according to facts; they refused. No appellate counsel assigned after them could argue the one point that the upcoming Habeas petition holds. The closest I could come (and I am forever grateful to Erin for finally hearing me and being somewhat shocked that something so simple would have saved me from 6 years in prison, taxpayers nearly 5 million dollars in additional medical costs while incarcerated, likely the life of a child of mine and my entire life shattered) was in the last set of appeals under my 35C filing. I was not surprised to hear a deny to be heard on that appeal. It is nearly impossible for appellate panels to unravel so many years within a complex case (and) it is very rare to get an overturn.
The law requires that all levels of State options be exhausted before moving on to Federal. One can do that early on after direct appeal (or) they can do as I chose to do: give every option and avenue available to State, prosecution and a District Court Judge to do the right thing in a case that was no case of crime at all. Habeas Corpus means "show me the body". Primarily used originally for murder and death in the absence of a corpse. Usually used to release someone from imprisonment. But also used to relieve of undue burden, unjust conviction and sentencing. In my case, it is a simple: "show me the proof". The proof of one simple black letter law fact: Did former District Attorney Martin Beeson do anything at all to follow the Rule of Law on Federal, State and Constitutional levels and change the venue for my case from the Federal Bankruptcy Court to the level of ability to file State criminal charges?
Now, these are very, very specific rules he had to follow and there would absolutely be a trail on file of Motions, Hearings and Orders on Federal level. Venue change is petitioned for and heard by the sitting Judge. So simple to read and understand, a novice would know they are indisputable Rules of Law and absolutely must be followed. The answer is the one fact that I hollered and tussled over for years: No. He did not. He simply marched into Judge Lynch's court and placed an arrest warrant in front of her for signature. Which she then blanket and blind signed. With absolutely zero change of venue from Federal. A technicality? Yes and no. Yes, in the fact that the truth of my case lies within the bankruptcies that were nearing their end stages and had already been through serious scrutiny from Trustees. No, in the fact that what he did, in that overwhelmingly novice act, was set the stage for certain individuals within my bankruptcies to create literally years worth of loss not just for myself and my family and life; but taxpayers, authorities, communities and a non-profit. And to also bring us now to where all have endured (5) appointed and publicly funded sets of attorneys, tied up courts for years, hold a very expensive and solely in-house investigation and prosecution (no law enforcement used) and continue to allow the core individuals in question to still stalk my life nearly 12 years later.
Here's the answer to the question: They cannot. Because reality, is that they never changed venue out of Federal hands and over to State. They cannot "show the body" because the body does not exist. Twelve years have now passed and I made a decision about a year ago. I am tired. I no longer care if every detail of facts is heard. Do the work of reading the entire case if you care. Most of them are there. Or better yet, for all the locals in the Roaring Fork Valley, get off your couch and finally start voting smart with who you put in your 9th Judicial justice system. This technicality is so black letter and cut and dried it cannot be denied. No Judge can deny it whether they want to or not. We are now where the rubber meets the road, every chance has been given and still the Law must be obeyed. So....Habeas for the final stage of State appellate. From there, I can move it to Federal if it fails.
The other thing I want to do in this post today, is summarize the underlying fact that Martin Beeson's act covered up.
There is one single piece of paper within the court record that I forced Kathy Goudy to get into trial record. The Court would only allow it as an "offer of proof" and refused to allow the jury to see it or anything else other than Goudy's "strategy". But, it is the single most important piece of paper on record. And that, is the bankruptcy accepted listing of the debtors that owed myself and my corporation just under $300,000 in uncollected assets in the form of unpaid accounts receivables and contracts on completed work, goods and services. The names of each one of them very clearly listed. What is NOT listed, is the Creditor Meeting with Trustees transcript (federal bankruptcy) that very clearly and with obvious anger and resolve on Trustee's part: notification to those individuals that they were then now in the hands of Federal pursuit for collection of monies then now owed to the federal government.
So, what happened? The bankruptcy dissolved and was over. In good standing with Federal orders on file that no crime committed, no fraud, filed in good faith and dissolved in good standing. What's wrong, Readers? Have you not wondered where former Deputy District Attorney Andrea Bryan got her comment to record in June 2012 that they had known all along that they had no case of crime? Would have to acquit unless allowed to use all that hearsay and alleged "404b" activity and actions? It is irrelevant that much later the personal 13 later was dissolved for non-payment. The 7 carried it all anyway. Here's what happened: what better way, for the one prominent husband and wife team on that list, who were also in civil suit and civil countersuit with me at the time, to completely screen off that imminent threat to their overwhelming greed? Easy. Use their powers of social influence and her renowned manipulation abilities and go get a D.A,. who at the time was running for nationwide political office and who had just had to drop out of that race because of the shadow of his then current cases. Stir up a tsunami of a "criminal" case investigation and lead the pack to "Kill the Beast" mentality. Which effectively gave the ability for 12 years now, to say to federal collections: "She is a criminal, we won and she went to prison." And there you have it. Until that shadow lifts, there is nothing that federal collections can do because the State blocks the path until the State gets out of the way. To this day, the 9th Judicial District and the State still do not hold any jurisdiction to handle this case. Nearly $300,000 wealthier collectively, that single piece of paper in my case record has gotten away with not only hanging onto that tremendous amount of money (we would have never had to go bankrupt (and) would have been around $5,000 to the good with everyone owed paid, if collected back then) they also have had the egoic satisfaction of my $5.00 and $10.00 per month "restitution" payments all these years. And here is a side note of interest: Also to this day, not one person in law enforcement or authority has ever asked the question of what it was that I stumbled across on that husband and wife's project, that exposed them into such anxiety that they would go to such lengths to cover up? No one has ever even bothered to ask.
And here, I must give Kathy Goudy her due for the one thing she did accomplish. She did manage, on direct appeal, to win my "restitution" being placed as part of my conviction and conviction sentencing rather than a separate issue and case as is the norm. When I overturn, the "restitution" overturns with.
I hope to get filed within the next few weeks. And, as always, as soon as clear, that filing will upload to this site.
"There are three things that shine before the World and cannot be forgotten. They are the Sun, the Moon and the Truth." ("The Essence of Buddhism" Pokala Lakshmi Narasu)
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