Tuesday, September 3, 2019

Audio evidence shows Missouri Deputy Scott Harrison committed perjury in Carol's "assault" trial -- putting Judge Jerry Harmison's guilty verdict on shaky ground

Deputy Scott Harrison
Corruption and incompetence among law-enforcement and correctional officers has become a hot topic since the so-called suicide of alleged sex trafficker Jeffrey Epstein in New York City. But it's not a new topic here at Legal Schnauzer, and we've seen a shocking level of dishonesty play out under oath in a court of law.

A Missouri sheriff's deputy committed perjury in my wife Carol's "assault on a law enforcement officer" trial in Greene County. That means, by law, the guilty verdict against Carol is due to be vacated or set aside, and Deputy Scott Harrison is subject to criminal prosecution.

Harrison's false statement under oath is one of several such statements cop-witnesses for the state made in Carol's trial. But Harrison's is the one we can prove -- right this minute, with no additional investigation or discovery -- is perjurious. Other deputies' sketchy statements generally were inconsistent -- their trial testimony differed from written statements in incident reports -- so it would take some research to determine what might rise to the level of perjury. Either way, they apparently committed perjury or filed false police reports, both of which are crimes.

At least one statement from Harrison -- the deputy who burst into our apartment and pointed an assault rifle at my head during an unlawful eviction in September 2015 -- leaves no doubt. This is from page 3 of Judge Jerry Harmison Jr.'s judgment in Carol's case: (The judgment and Carol's Motion to Vacate Judgment That Was Procured by Fraud, Perjury, etc. are embedded at the end of this post.)

Harrison stated he initially focused on Roger Shuler once the front door was open because Roger Shuler had called and expressed threats to law enforcement on August 12, 2015.

We have recorded evidence that Harrison's statement is false, and we presented that evidence in a recent post, with more relevant posts to come. (The video/audio is embedded at the end of this post.)

How is perjury described under Missouri law? It can be found at RSMo 575.040, and Carol cites it in her Motion to Vacate:

Perjury is defined at RSMo. 575.040:

1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths;

2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding;

3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) The defendant mistakenly believed the fact to be immaterial.

Is there any doubt that Harrison's statement was material? Absolutely not. At least two deputies -- including Jeremy Lynn, the "victim" of Carol's assault -- stated they were only on the scene because of Harrison's false claim that I had made a threatening 911 call. The only problem? Audio evidence shows that Josh Davis and Kathryn Mays -- a case manager and social worker at Burrell Behavioral Health, respectively -- made the 911 call. And I had nothing to do with it.

Carol and I, of course, knew all along I never made a 911 call or a threat to law enforcement -- and I've reported that here -- but how did we obtain evidence to prove Harrison's trial statement was false? Carol explains in her Motion to Vacate:

During the course of discovery in the instant case, the Shulers obtained a copy of the 911 call – it was among the 2-3 discovery requests the prosecution actually produced, and Shuler didn’t get it until almost the trial date – and the call came from Josh Davis, a case manager at Burrell Behavioral Health, with Kathryn Mays, a social worker, whispering instructions in his ear. Roger Shuler had nothing to do with the 911 call, and he never made a threat re: cops or anyone else to a member of his family – contrary to the hearsay testimony presented by multiple prosecution witnesses in this case.

As for the important element of materiality, here are details about that, from the Motion to Vacate:

Harrison’s statement clearly was false, with intent to deceive the court, and it was material. The other three cop-witnesses also testified in some fashion, via hearsay, about such threats from Roger Shuler, and two of them – Debi Wade and Jeremy Lynn – stated at trial that they were present for the Shulers’ eviction only because of a “threat” Roger Shuler never made and/or a 911 call he never placed. Carol Shuler wound up falsely accused of “assaulting” Jeremy Lynn, but he was only there because of Scott Harrison’s bogus 911 story. Debi Wade went on to falsely testify that Carol Shuler charged into her “like a bull” – a canard even prosecutors apparently did not believe because they did not charge Carol with it. 
Also, Wade falsely testified that Carol flailed around in the back seat of a patrol car – even though Carol was seat-belted – suggesting Carol produced a comminuted fracture (broken in more than two places), a feat that likely is physically impossible and has never happened in human history. This was not a hairline fracture of the arm; it was about as bad a trauma-induced break as is found in medicine. Bottom line: The officer who falsely claimed Carol Shuler assaulted him and the officer who authored a bogus Probable Cause Statement on the subject were only present at the Shulers’ eviction because of Scott Harrison’s phony 911 story. It’s very likely Harrison’s perjury is the reason Carol Shuler was found guilty of an offense even the “victim” (Jeremy Lynn) admits she did not commit.

Let's drive this point home because it's important: The officer who falsely claimed Carol assaulted him (Jeremy Lynn) and the officer who wrote a false Probable Cause Statement on the subject (Debi Wade) stated under oath that they were only present because of Scott Harrison's phony 911 story.

X-ray of comminuted fracture
in Carol Shuler's left arm.
Without the 911 canard, one deputy likely would have been on the scene -- and he might have stayed in his vehicle, scratching himself in indelicate places throughout the eviction. Our research indicates that's how most Missouri evictions are handled, with one deputy usually providing a "presence" to help ensure a tense process remains peaceful. In our case, we were confronted with a heavily armed SWAT team, whose members wound up brutalizing Carol and breaking her arm so severely that it required roughly eight hours of trauma surgery for repair.

Do courts view perjury during a criminal trial as a serious matter? On paper, they sure do? What impact can a finding of perjury have on a verdict? On paper, it can turn the results upside down.

How could Scott Harrison's perjury affect the judgment in Carol's case? We will examine that subject in an upcoming post.

And what about the Missouri Attorney General's Office? That likely is where a case of suspected perjury should be reported. Do they take it seriously?We have our doubts, but we intend to find out.

(To be continued)

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