It's not a new subject here at Legal Schnauzer because we've seen the corruption firsthand, perhaps most glaringly in the case where Greene County (MO) deputies broke my wife Carol's arm during an unlawful eviction and then hit HER with the bogus charge of "assaulting a law-enforcement officer."
Why should this be a particularly troubling topic for anyone living in the US of A? Countless Americans wind up behind bars, based almost totally on the words and observations of law-enforcement officers (LEOs). Because of that, many of our countrymen tend to view LEOs as exceptionally honest people, who take their authority seriously. Those who hold that viewpoint might want to give it a second thought after examining the actions of Missouri deputies in the "assault on an LEO" case against Carol.
We've already shown that Judge Jerry Harmison Jr.'s guilty verdict against Carol was procured via perjured testimony from Deputy Scott Harrison -- and we will have more on that subject in an upcoming post. The perjured testimony, under Missouri law, is a fraud on the court and requires that the judgment be set aside -- or, based on U.S. Supreme Court law -- vacated. (More on that in an upcoming post.)
Harrison was not the only cop-witness in Carol's case to play fast and loose with the truth. In fact, his three colleagues -- Jeremy Lynn, Debi Wade, and Christian Conrad -- all made statements under oath at trial that conflicted with their written statements in incident reports or the Probable Cause Statement (which Wade wrote). That means they, too, committed perjury or they filed false police reports -- both of which are crimes -- and like Harrison, they are subject to criminal prosecution.
DEBI WADE (Exh. C, No. 2)
Per Probable Cause Statement (9/22/15): “Just as [Carol] appeared to be getting into the passenger side door to the car, she started screaming that she needed her cat’s litter box. I was trying to tell her that I would go back into the residence for it, when she suddenly took off on a dead run toward the front door to the residence. Knowing that Deputy Harrison would be exiting that door any moment, I feared that she would catch him off guard, so I jogged up behind Carol and attempted to tell her that I would get the litter box for her. Just as I caught up to her, she suddenly pivoted and barreled into me head first. I was caught off guard . . .”
Per Incident Report (9/10/15):“I came up on her right side from behind her and was making an attempt to calm her down when she suddenly pivoted around on me and immediately charged into me head first. It happened so fast that it caught me off guard . . .”
Per trial testimony (5/17/18): “Carol Shuler than charged Wade like a bull since she wanted in the residence, but the doors were being locked. Carol Shuler was handcuffed and placed in Harrison’s car. She threw herself against the cage and car door once in the vehicle.”
Summary: In her previous statements, Wade said she came up from behind Carol Shuler, and described Carol turning around and the two running into each other. Both Carol and Roger Shuler testified at trial that Wade and Carol never made contact with each other – that Wade was in front of Carol on the porch, and they were talking in a fairly standard manner, when “Mr. Blue Shirt” brutalized Carol and broke her arm. Neither version of Wade’s story actually happened, but assuming something like that did occur, Wade’s earlier statements describe an accident, where Carol Shuler turned around, not knowing Wade was there, and a collision ensued. Wade is describing an accident, which is not a crime and might be the reason even DA Dan Patterson did not charge it. At trial, Wade changes her tune, placing herself in front of Carol and making Carol’s alleged act seem more intentional. Also, Wade repeats the “throwing herself against the cage” canard, even though Dep. Harrison admits Carol might have been seat-belted the whole time, making it impossible for her to throw herself about.
Debi Wade wrote the Probable Cause Statement, so Carol's arrest and prosecution was based totally on her word. And yet, you can see that Wade is so reckless with the truth that she makes no discernible effort to ensure her accounts match each other. What about Jeremy Lynn, the guy Carol supposedly pushed as he unlawfully entered our residence, amounting to an "assault"? He's no better than Wade:
JEREMY LYNN (Exh. C, No. 1)
Per incident report (9/21/15): “Mrs. Shuler then grew very upset and became emotional and charged towards the front door. Lt. Wade tried to explain to her that she would get something if she needed it. Mrs. Shuler then tried to force her way past Lt. Wade with her head dropped. She intentionally ran directly into Lt. Wade. Lt. Wade then backed up and bladed herself away from her.”
Per trial testimony (5/17/18): “After backing her car back, [Carol Shuler] started back in the residence and was told she could not go in again. At this point, she lowered her head and charged Lieutenant Wade.” Lynn proceeds to say he “observed her thrusting around in all four directions and yelling loudly,” even though Harrison admitted Ms. Shuler may have been seat belted throughout her stay in the patrol car, which would have made such action impossible.
Summary: Lynn appears to have Lt. Wade in front of Ms. Shuler throughout this incident and insists Ms. Shuler engaged in a thrusting motion in the patrol car, even though Officer Harrison admits she may have been seat-belted the entire time.
The key point, regarding Lynn's statements, is that he has Wade in front of Carol throughout the "bulling incident" (which didn't happen) -- and that is consistent with testimony from Carol and me, and it directly contradicts Waid. These Keystone Cops can't even support each other's version of events.
Lynn's trial testimony regarding the alleged push also differed from his written incident report. This is from Harmison's judgment, about Lynn's trial statement: "Lynn grabbed the person behind the door [Carol] and pulled her out to apprehend her. Carol Shuler kept pushing Lynn and trying to pull away from him to resist custody."
Here are Lynn's own words from his incident report: "She was grabbed by her arms and restrained to stop her from harming one of us or herself. During this process she was pulling her arms away from me and tried to push me back with her arms and body."
We summarized Lynn's written statement in an earlier post:
What do we learn here?
(1) Lynn says he grabbed Carol by the arms -- he caused physical contact with her.
(2) Lynn says Carol was trying to pull away from him; she didn't "get physical" with him or "push him repeatedly," as Debi Wade claims. Lynn grabbed Carol, and she tried to pull away.
(3) Lynn then claims Carol "tried to push [him] back with arms and body." This is pure nonsense. Lynn already has stated Carol pulled away, and now he's claiming she "tried" to push him. How can one pull and push at the same time? Those are contradictory terms, and indicate Lynn's whole statement is rubbish.
For the record, Lynn claims Carol "tried" to push him, but he never says that she did push him. Under the law, the "push" issue is irrelevant. Missouri law clearly frames the question: Who caused contact with whom, against whose will?
Jeremy Lynn admits that he grabbed Carol, that he caused physical contact, not the other way around.
The bottom line: Officer Lynn said in his original written statement that Carol did not push him. At trial, under oath, he changed his tune and claimed she did push him -- even though, in both instances, he said Carol was trying to pull away from him. How can someone pull away and push someone at the same time? I took enough high-school physics to know that can't be done. One of Jeremy Lynn's statements is false, and either way, he committed a crime for which he is subject to prosecution.
What about Officer Christian Conrad? Well, he has a fractured relationship with the truth, too:
CHRISTIAN CONRAD (Exh C, No. 3)
Per Incident Report (9/22/15): “Carol then went out to their vehicle and placed another bag in the trunk. She then began walking back towards the house and took off running towards the front door. Carol ran toward Lt. Wade on the front side walk . . . “
Per Trial Testimony (5/17/18): “Conrad later saw Carol Shuler charge Wade and run into her . . . On cross-examination Conrad verified he saw Carol Shuler “out of control” in the back of Harrison’s vehicle, as she was thrashing and screaming loudly.
Summary: Conrad contradicts Debi Wade’s original statement in every way. He has Wade in front of Carol, on the sidewalk and near the porch, and says nothing about Wade coming up from behind Carol. How could Carol be “out of control” in the back seat of Harrison’s vehicle, when Harrison himself admitted she might have been seat-belted the whole time (and Carol testified she was seat-belted the whole time.) The answer is “she couldn’t,” which suggests Conrad, Wade, and Lynn all committed perjury or filed false police reports.
We will repeat this point because it's profoundly important. Debi Wade was author of the Probable Cause Statement, so Carol's arrest was based entirely on Wade's word. That means it's kind of important that Wade get things accurately. And yet two of her cop colleagues -- Jeremy Lynn and Christian Conrad -- contradict her account on almost every point.
Prosecutors ultimately took jail off the table in Carol's case, so loss of freedom was not a possible punishment. But she's on two years of unsupervised probation -- with a guilty finding (unsupported by fact or law) on her record -- based on the word of cops who can't even agree with each other on what happened.
(To be continued)