You can read the grounds for new trial below (definitely worth the read), but you must take a look at the Latest News. It's beyond bizarre!
Court of Appeals is in violation of Supreme Court Ruling Holmes V South Carolina by refusing to force the trial court to deal with the issues we cover below (forged evidence, tampered evidence, main witness dishonorably discharged and endangered hundreds of cases, Collin County DA has recently been highlighted as withholding evidence from Grand Juries-- all discussed below). After we posted the news of Judge Ray Wheless running against the sole democrat for a seat on the Court of Criminal Appeals, documents in my case were deleted from the docket at the Court of Criminal Appeals. This was not the first time links did not click to the documents, but it was the first time, we noted a definite relationship between the blog and changes on the docket as we had already downloaded stamped documents that had .previously appeared on the docket.
Lawflog covers the grand jury issues and Collin County Prosecutor's relationship with recently indicted AG Ken Paxton.
Recently we also got a report from a forensic document examiner, that a key piece of evidence was forged. The signature that was forged was none other than the late Detective Debra Stansell. Links to full coverage, photos of documents, and downloads to the information is here.
Summer 2014- Judge Ray Wheless "appointed" an attorney to "assist" with the writ of habeas that I filed, but on the docket, he also seals discovery from defendant. Meanwhile, he does not notify defendant of her appointment nor provide the reason it was sealed in accordance with the law. Since a friend noticed it on the docket, she told me what it said, so I wrote both the Judge and the attorney, but the attorney NEVER contacted me despite my numerous requests.
July 2014- Ex-Officer Greer resigned and was dishonorably discharged for sexual misconduct with a rape victim who later turned up murdered. He was also decertified for any testimony, endangering hundreds of cases.
Frisco Texas did an “audit” of cases he worked on (so they could feign responsible behavior) and found 3 more instances of sexual misconduct but clearly failed to look at other improprieties. Why? Because in Paul Bailey's Case, the city has major liability in that not only was evidence tampered with, but the police assisted the bogus 911 caller with a theft of Mr. Bailey's home. The "erased evidence" (deemed "criminally altered" by one of the experts we had look at the evidence) from Greer's lapel mic proving Bailey's innocence was recently recovered (after trial and incompetent legal assistance) from the car audio as well. Detective Debra Stansell (who Bailey hoped to have testify) showed up dead to suspicious circumstances just a few weeks before trial.
Sept 2014- The city attorney (Rebecca Hendricks Brewer) was also arrested for cutting her boyfriend and shooting out his windshield. She was formerly married to the 366th Judge Greg Brewer who abruptly resigned 2 days after Bailey was arrested. They are now divorced. What does he know?
By the way, we're not sure if this should be a comedy or a drama!
Note to Readers: Please note that since the Writ of Habeas was filed, several issues must clearly be understood:
1) The primary witness Detective Debra Stansell was unable to testify due to her untimely and suspicious death (officially ruled a suicide).
2) The primary witness that testified former detective Scott Greer:
a. has been Dishonorably discharged from the Frisco Police Department for sexual misconduct with a rape victim whose case he was assigned who later became a murder victim, prompting Texas Rangers to begin looking at the case.
b. Secondly he has been barred as a witness for the prosecution which has affected hundreds of cases.
c. Frisco PD only conducted an "audit" for the cases he was assigned to in the criminal investigation division, NOT for cases he worked on as a patrol officer (which would have included Mr. Bailey's case). Please also note that they apparently were fixated on finding additional sexual misconduct, not OTHER TYPES of misconduct or malfeasance (as we will show in the following discussion). We believe this reflects obvious malfeasance/cover up by the Frisco Police Department on covering up at least some of their employee misconduct.
d. From the following article we highlight and quote Greer's own admission of additional sexual malfeasance):
"Greer testified at a hearing Monday that he had sex one time with the victim in a pending misdemeanor assault case. He also testified he had sex with the mother of a defendant after charges against her son were dropped. In addition, he said he met the mother of a victim in a sexual assault case at a hotel for sex."
3) The Frisco City Attorney Rebecca Brewer was arrested for cutting her boyfriend and shooting out his car window.
Texas Rangers aren't interested in looking into Detective Debra Stansell's suspicious "suicide" since they don't "have the manpower" and they don't like my blog! Hellooooo- there wouldn't need to be a blog had anyone done their jobs-including my court-appointed public pretenders, Gregg Gibbs, Mark Ledbetter, and the latest, Stephanie Hudson- who won't contact me despite my requests!
The following is the Writ of Habeas that I and my team of volunteers compiled and the links to the documents supporting this writ follow.
Tampering of police certified audio/video tape
FACTS SUPPORTING GROUND ONE:
1) Audio from video evidence was discovered and confirmed by multiple forensics experts to have been tampered with. The 4 seconds in Greer's lapel mic was to erase Applicant’s explicit warning to the perceived burglar , which would demonstrate with absolute certainty that Applicant did not know that the person on his property was a police officer and acted in accordance with Castle Law.
2) Office Greer stated later on the audio video evidence “I don’t think he could see me, though. Have Dispatch call the Reporting Party to call him and let him know it's the (expletive) Police”.
3) In addition, there is a 5 minute blanked out spot in the Claussen video.
4) Applicant discovered the tampering of the evidence by having the two police certified
audio tapes analyzed by several experts in order to have undisputable proof, that is “experts checking experts”.
5)Furthermore, no gunshot is heard on the lapel mic and even though the audio (after tampered spot) is back on, it is not heard. This has been proven by syncing the car audio with the lapel mic audio. This proves that Officer Greer was farther away from the residence than the car because the gunshot is heard on the car audio.
6) An audio engineer was able to enhance the sound from the car audio and retrieve the missing 4 second spot that was tampered with and prove that Applicant was calling out to the perceived intruder and acted in complete accordance with Texas' Castle Law Note: Applicant's son was also the bogus 911 caller who needed his father out of the house in order to take the items needed to complete a car purchase the following day. In fact, he did just that with the assistance of police who invited him into the home once applicant was arrested, despite Applicant's express directions not to allow him into the home. Son is serving sentence for stealing applicant's identity and other items with the help of police).
7) Finally, Greer testified that he never turns off his mic. A beep occurs just prior to the blank 4 second spot. The National Center for Audio Visual Forensics stated clearly in an email that a beep occurs whenever the mic is turned off. Had Trial Counsel been effective, he would have clearly made the point to ask Greer why a beep occurred there if he never turned off his mic. This illustrates that the altering party knew the idiosyncrasies of the L3 Mobile Vision Software, but did not know that Greer's future testimony regarding his routine would contradict tape
False testimony given by Frisco Police Officer Scott Greer and 911 operator Delanna Copeland.
FACTS SUPPORTING GROUND TWO:
1) Delanna Copeland violated proper police protocols when she did not question 911 caller's authenticity/motives when she did not question why his stated location differed from his actual location.
2) Greer was wearing a lapel audio transmitter, Lapel audio tape and car audio/video evidences that Officer Greer did not:
(a) park in front of the home,
(b) have his lights on,
(c) wait for backup,
(d) nor did he announce himself as a police officer when he entered Applicant’s property and approached Applicant’s home.
(e) have a warrant nor consent to enter Applicant’s property,
(f) have probable cause to do so,
(g) note any exigent circumstances present, and
(h) note problems. He stated in Police Report that Applicant was watching TV and drinking a beer (meaning no problems observed).
3) The audio recording further evidences that Applicant did not know that the person on his property was a police officer. Officer Greer falsely testified that Applicant knew he was a police officer and intended to shoot at him. Officer Greer falsely asserted that he could see the muzzle fire from the gun held in the Applicant's hand .
4) In contradiction to his testimony in court, Officer Greer expressly states on the lapel mic that, “I don't think could see me” and asks to “have dispatch call the to call and let him know it’s the police”
5) Due to recent forensic experts looking at the evidence, it is clear that Officer Greer was nowhere near the Applicant’s door when the gun was shot as the gunshot was not recorded on Officer’s lapel mic audio, but WAS recorded on the car audio which was 100+ feet away. Officer Greer falsely testified that he was in front of the door when the gun was shot. The tampered spot was a 4 second spot BEFORE the area where the gunshot should have been recorded and the sound comes back on in time for it to have been recorded-however the gunshot is not where it should have been.
6) A Forensic expert has now been able to enhance Applicant's warning to perceived burglar from the CAR audio. (This is the 4 second spot that was erased/tampered with from the lapel mic audio). This also proves that Applicant was acting in accordance with Texas' Castle Law. This warning has been confirmed by another expert.
False report given by court appointed authenticator, Herbert Joe regarding the audio tape
FACTS SUPPORTING GROUND THREE:
1. Report did not state the evidence of tampering.
2. Joe’s report did not synchronize the two audios properly and detect that Officer Greer's testimony was false considering the scientific impossibility of him being where he said he was that is, near Applicant’s door.
3. Further, Joe’s report did not state that Officer Greer expressly mentioned that Applicant did not know that the person on his property was a police officer.
4. The report also did not state that no gunshot was audible from Officer Greer’s lapel audio transmitter and that the audio recording only picked up static, not the sound of a gunshot. The gunshot was recorded in the car audio 100+ feet away and WAS recorded on the car audio.
5. Joe's report did not state why his report was so radically different from the text messages originally sent to Counsel Raphael DeLagarza and Applicant.
GROUND FOUR: Ineffective Counsel sabotaged Applicant's defense
Trial counsel sabotaged Applicant's defense by not questioning and investigating tampered evidence, multiple breaches of police protocol by 911 dispatcher and Officers, did not point out and argue that Greer's recorded statements on the audio that evening impeached his testimony on the stand when he stated that “I don't think he could see me though” and “Have Dispatch call the RP (reporting party) and have him call him and tell him it's the (expletive) Police!”. Counsel did not challenge State's failure to provide all evidence prior to trial. Trial counsel sabotaged Applicant's defense, was hostile to defendant, did not adequately question or have confirmation of strange spots on audio examined, took police dismissive attitude that the 4 second erased spot was “a glitch”, and sabotaged defense of client, by not questioning and investigating into the same. Counsel failed to obtain relevant testimony, evidence, & analysis, and a serious, competent defense strategy as agreed to in front of the Judge and question the tampered evidence (and evidence never provided) has resulted in the jury finding the Applicant guilty. Counsel acted with malice and contributed to a successful malicious prosecution by the Ass't. DA. Counsel had a conflict of interest with head Detective's family. Counsel stated to Applicant's Daughter and Ex-Wife that he never takes these types of cases and only did so because of the Judge's insistence. Applicant has now discovered evidence presented in the trial court was tampered with. Proper analysis of audio/video tape by MULTIPLE experts proves that false testimony was given by Officer Greer regarding Applicant’s arrest and the court appointed authenticator, Herbert Joe also gave a false report on the audio/video tape.
FACTS SUPPORTING GROUND FOUR:
1. Counsel deliberately misled Applicant by stating the sound on lapel mic recording was a gunshot, when it was static background noise and not the sound of gunshot.
2. Trial counsel ignored the fact that Joe’s initial texts to previously counsel, Raphael Delagarza were different from the final report.
3. Applicant’s counsel failed to question about the 5 minute blanked spot where there is no audio in the Claussen Video.
4. Counsel failed to question Joe about the syncing of the lapel & car videos and investigate the missing gunshot on the lapel mic, which would have proven that Greer was not where he said he was and that no assault occurred.
5. Applicant’s counsel did not challenge the State’s failure to provide ALL evidence to Applicant before trial. In fact, to this day, much evidence has still been withheld despite the Attorney Generals directive to turn it over to Applicant.
6. Counsel ignored Officer Greer’s multiple breaches of police protocol. Counsel failed to question the credibility of the 911 emergency dispatch caller which evidenced that the caller while stating he was out of state was, in fact, in Fort Worth, Texas.
7. When Prosecutors showed a timeline “showing” that communication for several hours occurred with Applicant, Applicant asked counsel to object because it was not supported by forensic evidence, Mark Ledbetter told his Client to “Shut the (expletive) up”.
8. Counsel did not point that Greer's recorded statements impeached his testimony when he stated that “I don't think he could see me though” and “Have Dispatch call the RP (reporting party) and have him call him and tell him it's the (expletive) Police!”
9. Applicant’s counsel further accepted the position during questioning at trial that the erased portion of the recording was a glitch, rather than tampered evidence. Counsel failed to ask Greer why a beep occurred prior to blank 4 second spot if he never turned off his mic, thereby proving that the altering party knew the idiosyncrasies of the L3 Mobile Vision System, but did NOT know (at time of tampering) that Greer's testimony regarding his routine would contradict the beep and blanked out spot.
10. Counsel failed to obtain witnesses, experts, analysis that could have assisted in a competent defense. Counsel failed to provide the court with police reports of the police assisted theft that occurred after Applicant was arrested.
11. Counsel refused to raise Applicant's strategy of defense even though he confirmed his agreement (to the court) to utilize this strategy. It is for this reason and this reason only that Applicant agreed to have him represent him.
12. Counsel failed to introduce Son's arrest and incarceration record, Multiple threats and text to “leave his stuff outside” as support for the state of mind of the Applicant.
13. Counsel failed to point out the fraudulent, retroactively altered “original” indictment and ask why would an indictment time-stamped almost 18 months prior to the Motion to Amend with the exact same font and phraseology, need to be “amended”?
14. Counsel failed to point out that in no way, is Applicant responsible for the bogus 911 call made by his son to 911, or the 911 Operator and Police making no less than five (5) critical errors in their duties which led up to the event.
Links to source documents:
1) The first file is the Habeas Cover Sheet required by the State of Texas.
2) The 2nd file, continues the motion.
3) The 3rd through 7th files are attachments and evidence.