Tuesday, November 28, 2017

Before bailing out in Carol's case, Missouri public defender Patty Poe told a veritable plethora of lies, including one of the nuttiest whoppers I've ever heard

Patty Poe
Before bailing out on my wife Carol's case, public defender Patty Poe told a lie that was so gargantuan that even Missouri deputies couldn't think of it. Now that's a whopper of a lie.

Poe told us that our eviction -- which was unlawful on at least 10 grounds -- actually was fine and dandy because deputies reasonably believed they were at our duplex apartment to (get this) execute an arrest for trespassing. And we've got Poe's statement in writing.

How mind-blowing is all this? I had to read the sentence about five times before I could believe she actually was stating this. How ironic is it? Poe herself got the trespass count against Carol dismissed because there was not a single word about it in the Probable Cause (PC) Statement. In other words, even the cops who prepared the charging documents in Carol's case did not include one shred of evidence about trespass.

This is at least the third big lie that Poe told us in the weeks and months leading to her ignominious exit from Carol's case last week. And we've got many more to reveal.

The ones we've addressed so far tend to be in the category of "Stuff Lawyers Often Lie About" -- discovery, what the law actually says, etc. But this one about trespass . . . it's as if Poe traveled to the moon and found it hidden amidst the cheese on the surface.

In early August, we sent a series of emails to Poe about issues in Carol's case. She promised to read them and get back to us -- and her response came about three weeks later. It included her take on information we had provided that shows our eviction was unlawful on so many grounds they have reached double figures. (Copies of our emails, plus Poe's responses to them, are embedded at the end of this post.)

One ground was that even if Carol caused physical contact with Officer Jeremy Lynn -- and Lynn's own written statement shows he made physical contact with her, not the other way around -- Carol would have been acting lawfully under Missouri's Castle Doctrine Law.

That can't seriously be disputed, but Poe decided to try it anyway. Here is part of her response:

Castle Doctrine does not apply in Carol's case. Pursuant to RSMo 563.031 law enforcement are exempt from the protections of the castle doctrine. What matters is were the law enforcement officers reasonably believe they are executing an arrest (RSMo 563.046). In Carol's case, based on the execution for possession, the law enforcement officers thought they were reasonably executing an arrest for trespass.

That part in yellow is so nuts that I'm not sure I have enough fingers to count all of the nuttiness. It's not hard to show that Poe is crackers on this one. You can read the PC Statement and see it includes not one word about trespass. You can read written statements from four officers, and not one them states he was there for an arrest, much less an arrest for trespass.

The comminuted fracture in
Carol Shuler's left arm, courtesy of
Missouri deputies.

The idea of arresting Carol never arose until three cops surrounded her as she tried to enter the apartment (as she'd been told she could do) to retrieve our cat's litter box. A male cop in a blue shirt came up from behind her, body slammed her butt-first to the ground, and yanked on her limbs so viciously that her left arm shattered just above the elbow. A split second later, Sheriff Jim Arnott -- quickly realizing his officers had screwed up big time -- pointed at Carol and said, "She assaulted a police officer." Only then was she placed in handcuffs, arrested, and taken to jail -- to be released when X-rays at a nearby emergency room revealed a comminuted fracture in her left arm that would require trauma surgery.

Why were cops, in their own words, on the property we rented from landlord Trent Cowherd? This is what you might call the "mission statement," from Officer Debi Wade:

On September 9, 2015, we responded to 4070 S. Fort to execute a Writ of Execution and Court Order (1531-                                                           ACO4535) to remove lessee Roger Shuler from the                                                             rental.

Cops were there for an eviction, however unlawful it might have been. Wade's "mission statement" makes no mention of trespass, makes no mention of Carol, period. So how did Poe come up with the notion that officers were there to arrest Carol for trespass? If that was the case, why didn't they arrest me for trespass?

I can only assume Poe fell victim to a malady that tends to afflict those who concoct tall tales: At some point, they can't keep their lies straight -- and they wind up tossing out absurdities.

Poe did not only screw up on the trespass issue; she also botched the Castle Doctrine. We will show you how in an upcoming post.

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