Corruption among cops and correctional officers is a hot topic after Jeffrey Epstein's "suicide," but we've seen this disturbing reality play out in an up-close way

Debi Wade

Corruption 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.

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.

In her Motion to Vacate Judgment That Was Procured by Fraud, Perjury, etc., Carol examines the dishonest statements of cops under oath. This all presents disturbing evidence that cops -- despite their ability to deprive citizens of freedom -- are less truthful than the average person. (Carol's motion is embedded at the end of this post, along with video evidence that Deputy Harrison committed perjury.) We'll start with Debi Wade, and Carol's motion is supported with relevant exhibits:

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)

U.S. 11th Circuit, led by Nixon-era geezer Gerald Bard Tjoflat, brazenly cheats us on appeal of "The House Case," citing law that has been overridden for 25 years

Gerald Bard Tjoflat

"The House Case," a federal lawsuit over the theft of our home of almost 25 years in Birmingham, AL, via a wrongful foreclosure, shows corruption runs strong and deep in federal courts -- at both the trial and appellate levels. The good news: Crookedness in "The House Case" is so brazen that it might mean a ruling can be attacked as void, and we have unlimited time to do that. The same concept might be used to breathe life back into other cases that were dismissed on unlawful grounds.

We still are researching this issue and will address it in future posts. But of all the cases of court corruption we've reported on this blog over 12 years -- some involving my wife Carol and me, some where I was not involved, other than as a journalist -- "The House Case" might be among the two or three most grotesque cases we've encountered.

We've already shown that U.S. Judge R. David Proctor butchered "The House Case" at the trial level in the Northern District of Alabama. (See here, here, and here.) The case might have been butchered even more grossly in the U.S. Eleventh Circuit Court of Appeals, thanks to Gerald Bard Tjoflat, a Richard Nixon/Gerald Ford nominee who happens to be the longest-serving federal appeals-court judge in active service. Tjoflat has a long and disturbing history of serving on three-judge panels that issued shockingly unlawful rulings, which includes upholding the convictions of former Alabama governor Don Siegelman and former HealthSouth CEO Richard Scrushy.

Tjoflat seems to be at his worst when the defendant/appellees include financial institutions, and our research reveals a likely reason Tjoflat almost always sides with banks, mortgage companies, brokerages, and the like -- as he did with Chase Mortgage in "The House Case." (Details about Tjoflat's conflicts re: financial institutions will be in upcoming posts.)

Our problems on "The House Case" appeal started with a mistake I made. For reasons I'll never fully understand, I stated in our Notice of Appeal that we were appealing denial of our Rule 59 Motion to Reconsider in the district court. I did not specify that we actually intended to appeal the entire case, especially the Order of Dismissal and all of the orders leading up to it. It was frustrating to learn that I had somehow screwed up our Notice of Appeal, but there is good news: Such a mistake essentially is a "no harm, no foul" matter, one that does not preclude an appellate hearing on our entire case, especially when the appellate brief makes it clear (as ours did) that our goal was to seek a full appeal.

We filed a Motion for Panel Rehearing (see here and here), seeking to overturn the three-judge panel's (Tjoflat, Stanley Marcus, Robin Rosenbaum) wildly erroneous ruling. How badly did Tjoflat and Co. botch our appeal? Well, they admit that our appellate brief shows out intent to appeal the entire case, including multiple unlawful rulings by both Proctor and Judge Virginia Emerson Hopkins, who took over after Proctor finally acknowledge he had a conflict that required recusal -- and essentially meant he was disqualified from hearing the case at the outset.

Here is the gist of the Tjoflat panel's ruling:

In their appellate brief, however, the Shulers challenge three rulings outside the scope of their notice of appeal: Judge Proctor’s order dismissing their complaint, Judge Hopkins’ February 27 order insofar as it denied their Rule 15 motion, and Judge Hopkins’ order denying their Rule 60 motion. Defendants-Appellees (Jessica Medeiros Garrison, Luther Strange, Rob Riley, etc.) contend that under Federal Rule of Appellate Procedure 3(c) and related case law, we have jurisdiction over only the District Court’s denial of the Shulers’ Rule 59(e) motion. We agree.

“The notice of appeal must . . . designate the judgment, order, or part thereof being appealed.” F. R. App. P. 3(c); Osterneck v. E.T. Barwick Indus., Inc., 825 F.2d 1521, 1528 (11th Cir. 1987). “Where the appellant notices the appeal of a specified judgment only or a part thereof,” moreover, “this court has no jurisdiction to review other judgments or issues which are not expressly referred to and which are not impliedly intended for appeal.” C. A. May Marine Supply Co. v. Brunswick Corp., 649 F.2d 1049, 1056 (5th Cir. 1981). Otherwise, because the intent to appeal is not clear, prejudice would likely fall upon the adverse party. Id. But we also recognize that “the Federal Rules of Appellate Procedure ‘were not adopted to set traps and pitfalls by way of technicalities for unwary litigants.”’ Finch v. City of Vernon, 845 F.2d 256, 259 (11th Cir. 1988) (quoting Des Isles v. Evans, 225 F.2d 235, 236 (5th Cir. 1955)). We may thus show some leniency when an appellant’s exhibited intent is contrary to a technical mistake that would otherwise impede his appeal. See Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1374–75 (11th Cir. 1983); C. A. May Marine, 649 F.2d at 1056. This is especially so for pro se litigants. See Finch, 845 F.2d at 259–60.

How do Tjoflat and Co. start sliding off the road? They cite two cases, highlighted in yellow above, from 1987 and 1981. Those cases are more than 30 years old, and no longer are good law -- as we pointed out repeatedly in our Motion for Panel Rehearing.

On top of that, the Tjoflat panel admits that, even by 1980s law, "We may thus show some leniency when an appellant’s exhibited intent is contrary to a technical mistake that would otherwise impede his appeal" -- as ours was. The panel further admits, "This is especially so for pro se litigants" -- which we were.

In essence, the panel swallowed the Garrison/Strange/Riley argument completely, while admitting the argument is full of holes.

Unbelievably, the panel punished us for being too specific in our flawed Notice of Appeal. Get a load of this:

The Shulers’ notice of appeal specifies with precision what they are appealing, down to the relevant dates and docket numbers. This specificity indicates that appealing only the denial of their Rule 59(e) motion was not a technical mistake; their notice of appeal does not illustrate intent to bring a broader appeal. See Pitney Bowes, 701 F.2d at 1374–75. Further, allowing the Shulers’ brief to dictate the scope of this appeal would be unfair to the DefendantsAppellees, who from the notice of appeal could derive only that the Rule 59(e) motion was at issue. This appeal is therefore limited to the District Court’s denial of the Shulers’ Rule 59(e) motion.

Did the panel cite any law from this century -- any law that hasn't been overridden since the 1980s -- to support its finding? Nope. Did the Tjoflat Gang even respond to our Motion for Panel Rehearing? Nope, they just issued a document declaring heir bogus ruling was the "mandate" of the court. I can only assume that means they had no legitimate grounds to counter our rehearing motion, that they already had blown all the smoke they could up our fannies.

How thick was that smoke? We will answer that question in an upcoming post.


(To be continued)

How did poster at 4chan, anonymous message board popular with right-wing trolls and white nationalists, scoop the world on the death of Jeffrey Epstein?

Metropolitan Correctional Center (MCC) in Manhattan

Some 40 minutes before Jeffrey Epstein's death broke on mainstream news outlets -- and before federal officials made the announcement -- it appeared at an anonymous message board favored by far-right trolls and white nationalists. How the news first appeared on 4chan remains a mystery and has helped heighten conspiracy theories swirling around the alleged sex trafficker's death.

At first, the post was thought to have come from an employee of the New York City Fire Department, but that does not appear to be the case. From a report by Jane Lytvynenko, of BuzzFeed News:

The New York City Fire Department looked into whether an employee posted about Jeffrey Epstein’s death on a notorious internet message board prior to officials announcing it to the public, BuzzFeed News has learned.

After telling BuzzFeed News the post was "under review," an FDNY spokesperson said authorities "determined this alleged information did not come from the Fire Department."

"An investigation is a formal act which brings about a process which includes interviewing witnesses, serving notice, determining credibility of witness statements — and that was not warranted nor did it take place here. This determination was made after a review of the incident. We looked at the information provided by [a BuzzFeed News] reporter and we looked at our own records and there was no match," said FDNY spokesperson Frank Dwyer, who added that the FDNY's Office of Healthcare Compliance conducted the review. "It doesn't match our medical records."

Authorities want to know who created the 4chan post, according to  report at NBC News:

Less than an hour before the first news reports surfaced that Jeffrey Epstein had been found unresponsive in his jail cell, a post about his death mysteriously appeared on a far-right message board.

Authorities now want to know who was behind the post, which contained medically accurate details about the financier and accused sex trafficker. . . .

"[D]on't ask me how I know, but Epstein died an hour ago from hanging, cardiac arrest. Screencap this," the post reads. The text was accompanied by an image of Pepe the Frog, an internet meme that is popular among far-right internet trolls. (See image at the end of this post.)

Troll posts looking to capitalize on the initial post immediately began pushing elaborate conspiracy theories about body doubles, which were later refuted by the original poster.

How did a 4chan user scoop some of the world's most vaunted news organizations with his "Don't ask me how I know" post? Reports BuzzFeed:

That message was posted 38 minutes before the first tweet about Epstein’s death from Aaron Katersky, an ABC News reporter, at 8:54 a.m. Five minutes later, the main ABC News account tweeted an article about Epstein's death.

After publishing the post, other 4chan users egged on the author. When they expressed doubt, the original poster added more information to the discussion thread, including a detailed breakdown of the procedures allegedly used to resuscitate Epstein, which suggest the poster may have been a first responder, medical worker, or otherwise privy to details about efforts to resuscitate the disgraced financier.

Dwyer told BuzzFeed News he “could not verify the accuracy” of information in the 4chan post. But he said any medical professional who divulges patient information without consent is in violation of a federal health privacy law, HIPAA, and that FDNY would look into it.

The 4chan poster appears to know his stuff about emergency-medical procedures. From BuzzFeed:

The full details of Epstein’s death won’t be known until the final coroner’s report is released, meaning the 4chan post laying out the alleged treatment he received cannot be fully verified. An EMS expert contacted by BuzzFeed News said the details in the post are consistent with standard practices. Information released by the Federal Bureau of Prisons also appears to line up with some of what was posted on 4chan.

Dr. Keith Wesley, an emergency medicine physician who has authored several EMS textbooks and articles, viewed the 4Chan post at BuzzFeed News’ request and said it lays out standard procedures for paramedics.

“This sounds like standard American Heart Association guidelines, which most EMS agencies use,” Wesley said.

Part of the post refers to “telemetry advised bicarb.” According to Wesley, this could mean the first responders were also speaking with the hospital as they were trying to resuscitate their patient.

“Telemetry implies the paramedics were in contact with a medical control hospital who then gave orders to give Sodium Bicarbonate, bicarb which is designed to reverse the acid buildup in the blood from prolonged cardiac arrest,” Wesley said in an email.

“If one of the medics posted this separately that’s a breach of protocol,” he added. “If there was identifying information on the patient, that is a violation of Federal HIPPA law.”

The 4chan post seems to come from an insider's point of view. How that insider wound up on 4chan might be the question of the moment:

The 4chan user made six posts about Epstein’s death. One of them claimed that attempts to resuscitate Epstein were made for 40 minutes before he was transported to the hospital, at which point medical personnel tried to revive him for another 20 minutes. Those details are at least partially consistent with the information regarding Epstein’s death that have been publicly released by the Federal Bureau of Prisons.

“Pt transported to Lower Manhattan ER and worked for 20 minutes and called. Hospital administrator was alerted, preparing statements,” said the 4chan post.

“Staff requested emergency medical services (EMS) and life-saving efforts continued,” said a statement released by the Department of Justice’s Federal Bureau of Prisons on Saturday. “Mr. Epstein was transported by EMS to a local hospital for treatment of life-threatening injuries, and subsequently pronounced dead by hospital staff.”

4chan post about Jeffrey Epstein's death

From feral to family: "Gabby, the Investigative Tabby" comes in from the wild to join our journalism family, enrich our lives, and sustain us in the fight for justice

Gabby, the Investigative Tabby
(Photo by Carol Tovich Shuler)

We would like you to meet the newest member of our Legal Schnauzer journalism team. (See photo of the handsome feller above.)

His full name is Gabriel Alexander Shuler -- "Gabby," for short. For journalistic purposes, he is known as "Gabby the Investigative Tabby," and he has been a monumentally positive and refreshing presence in our lives -- especially when you consider that Mrs Schnauzer and I have been the targets of legal and political corruption (in both Alabama and Missouri) for 20-plus years now.

Our pets have always been at the heart of our journalistic efforts. This blog started in June 2007, in large part, as a way to honor Murphy Abigail Shuler -- "The Original Legal Schnauzer," who was a source of endless joy during her 11-year journey with us, ending with her death in 2004.

Next came Chloe and Baxter, the biological brother-sister Tonkinese combo, who fell into our laps thanks to one of Carol's friends in Birmingham. The friend had her hair done in Hueytown and knew the hair dresser had two cats who needed a new home because of allergy issues in the family. The hair dresser preferred the cats go to a home with no children, so that seemed to put us near the top of the list for new Tonk parents. Chloe and Baxter joined our household in July 2004 -- and over the 11 and 12 years, respectively, that we had them -- showed cats (like dogs) can provide companionship, comfort, adventure, and hilarity in copious amounts.

What about Gabby? Well, his story proves that sometimes the best things in life appear out of nowhere, on your doorstep, unannounced -- and if you can overcome all of the problems and fears swirling in your life to extend a welcoming hand . . . well, it can be among the most rewarding experiences of your life.

Is Gabby really a journalist? Well, we tend to humanize our pets, so we like to think that -- when he isn't taking a nap, engaging in "grappling" sessions with yours truly, taking a nap, running like "a bat out of Joplin" (as folks tend to say here in the Missouri Ozarks) around our not-too-roomy living quarters, or taking a nap -- he is on the alert for any stories that might materialize in his little world.

In fact, Gabby has a "beat," as we call it in journalism. He is assigned to report on the activities of the birds, squirrels, and bunny rabbits that tend to frolic outside our window. Gabby keeps a diligent eye on their festivities, and while he hasn't written any posts about them yet, he considers himself more of a "long-form journalist," a documentarian, if you will. We hope to publish his first documentary in early 2020, just in time for Sundance.

It's appropriate that Gabby is on the wildlife beat because he came to us out of the wild. We were aware of a feral-cat community that nested near us here in Missouri. Most of the cats appeared to be full grown and were skittish around people. A handful would approach us, and we figured that meant they had been dumped after once having been family pets. Carol and I, and at least one of our neighbors, tried to keep the cats regularly fed.

After being in the area for a while, we started noticing a few kittens in the group. One ginger kitty was so bold that she marched right into our neighbor's apartment, and we hope they eventually adopted her.

While feeding the cats one day, I noticed a little gal (or guy) huddled on the periphery of the group, obviously needing food but unable to get any as the larger cats pounced on every morsel as soon as it hit the sidewalk.

This kitten, it turned out, was no dummy. He took several steps to make sure he could get some "noms," and before I knew it, my heart was taken in. (See photo at the bottom of this post.) One might say that moment changed his life forever. But it probably changed our lives even more.


(To be continued)


(Note: The Legal Schnauzer journalism family -- including "Gabby, the Investigative Tabby," needs your help. Loyal readers have sustained this blog for years, and support is urgently needed now, as we fight for justice and transparency on multiple fronts, for ourselves and for the many other victims who have been the subjects of our reporting. Perhaps most importantly, we want to make sure Gabby has no shortage of "noms" in his bowl.

If you believe America's broken court system needs to be restored; if you believe our courts should dispense justice for all Americans, not just an elite few; or maybe if you are a fellow animal lover who happens to enjoy a good legal tale now and then . . . we hope you will consider making a donation. 

If you are able to help along our journalism journey, please click on the yellow donate button in the upper right corner of the blog, under the "Support the Schnauzer" headline. We are deeply grateful for your support through the years -- and we are especially grateful now to have Gabby, so he can join in a big round of thanks.)

Gabby, the Investigative Tabby . . . in repose between
reporting assignments.
(Photo by Carol Tovich Shuler)

 

Montgomery lawyer and radio host Baron Coleman calls Eagle Forum exec a "whore" and a "bitch" and threatens violence -- with language about guns, ammunition, and burning houses to the ground

An Alabama lawyer and conservative talk-radio host might have put his bar card and sponsors at risk recently by launching into a profane, threat-filled rant against the executive director of the Eagle Forum of Alabama. Yes, we are talking about an internecine feud among right wingers -- and it all started because of a disagreement about medical marijuana, of all things.

The episode has unmasked Baron Coleman as a bully, who makes Rush Limbaugh sound like Dale Carnegie and has a tendency to make alarming references to violence -- especially with tough-guy talk involving guns, ammunition, and threats to "burn your damned house to the ground." In fact, Coleman seems to have an obsession with fire and likes to boast about costing perceived enemies their jobs.

Based on our experience with Coleman -- see here, here, and here -- none of this is a surprise. Jill Simpson -- whistle blower, opposition researcher, and activist -- has stated publicly several times that evidence points to Coleman and his client-felon Ali (Akbar) Alexander being involved with my "arrest for blogging" in 2013 and multiple fires that were set at her property in northeast Alabama.

Baron Coleman

Coleman is the host of News and Views at Montgomery's WACV (93.1 FM, 9 a.m. to noon, weekdays), and it's hard to see how station owner Bluewater Broadcasting allows him to spew the kind of vitriol he directed at Becky Gerritson -- Eagle Forum executive, 2016 Congressional candidate, and co-founder of the Wetumpka Tea Party.

How did Gerritson cross swords with Coleman? It started with Coleman voicing his support for a medical-marijuana bill in Alabama. Gerritson had the temerity to appear before the state legislature in May and voiced opposition to the bill. Coleman, with his usual class, responded by calling Gerritson a "big pharma whore" and a "bitch."

For some reason, Gerritson took exception to that and filed a complaint against Coleman with the Alabama State Bar. She also sent a letter to sponsors of his radio show and encouraged them to consider whether they wanted to be affiliated with a guy who comes across as slightly deranged on the radio.

Clips from News and Views (see audio at the top and bottom of this post) suggest Coleman might be coming unhinged -- and they certainly suggest he might be dangerous. From the first clip, which aired on July 9, 2019:

I've got renewed vigor and purpose. . . . 

I've hired lawyers, and I'm pursuing a strategy of slash and burn, seek and destroy. If you come after me, you'd better be ready to go to the mat. . . . 

I never let someone come after me and don't take them out. Never. I will lose everything in search of making sure your life is hell. . . . 

I've got a new enemy, and her lawyer sucks, too. I'm going to destroy this bitch. I'm going to absolutely destroy her. Her life will never be the same. . . She has a bad lawyer who gave her terrible advice.

Having already called Gerritson a "whore," Coleman calls her a "bitch" and threatens to ruin her life. Gee, imagine how ugly it would get if Coleman weren't such an upstanding Christian and Catholic, with seven kids. Coleman then boasts about others he supposedly has destroyed:

Mike Hubbard is going to prison; we did battle for years. Matt Hart and I did battle, he lost his job. An AM radio host and I did battle, and he lost his job. I don't lose, and I will blanking destroy you and everything you hold dear. Don't come after me unless you are fully ready to engage. Do not send me half-ass letters; that will not end well.

If you threaten me, I will burn your damned house to the ground. Not in the physical sense, but I will have you running back to Texas, I promise.

Apparently aware that he might be digging his own grave, Coleman tried to walk back the "I will burn your damned house to the ground" line by adding "not in the physical sense." Could that mean he won't burn your house himself, but someone else might -- at his behest? That's how I read it -- and he has ties to a convicted felon named Ali (Akbar) Alexander. Coleman keeps some pretty seedy company, so perhaps these threats should not be taken lightly. Is anyone awake at Bluewater Broadcasting? Are they aware of the liability they could face if something happens to Becky Gerritson, her loved ones, or her property? (It could run way into the millions.) Does anyone pay attention to the filth Coleman spews forth on the airwaves?

It doesn't get any better with the second clip (embedded at the end of this post), which aired on July 10, 2019:

I am on fire, en fuego I am ready to destroy people, and I can't wait to get started. I am going to win. I do not lose, ever.

You come at me, you lose everything. You threaten me, I sue you or destroy you. That's it. there is no third option.

There is going to be some real fireworks across this state in the near future. Some once-proud organizations will be brought completely to their knees and bankrupted. That's what I do. I don't "F" around. . . .

Have your gun under your arm. Bring your ammo.

Do Bluewater Broadcasting officials think that kind of rhetoric is appropriate in an environment where we just experienced two mass shootings in one weekend? Do sponsors support that kind of talk in the wake of El Paso and Dayton? What about the liability they could face? Does anyone hold Baron Coleman to standards?

AG William Barr paid curious visit to federal jail in Manhattan, just two weeks before Jeffrey Epstein's "suicide," according to reports as prominent voices on social media express doubts about official story

U.S. Attorney General William Barr two weeks ago visited the New York City correctional facility where accused sex trafficker Jeffrey Epstein supposedly committed suicide early Saturday, according to a report from a D.C.-based investigative journalist. That makes Barr, at a minimum, a person of interest in Epstein's death, writes Wayne Madsen. It also suggests the claim that Barr was "appalled" by Epstein's death is phony.

Several detention procedures were violated regarding Epstein's stay at the federal jail in Lower Manhattan, according to The New York Times (NYT).

A post at the subscription-based Wayne Madsen Report (WMR), published yesterday under the headline "Epstein-Barr:'Justice' in a quasi-dictatorship known as the United States," states:

The Rupert Murdoch-owned New York Post reported on August 11, 2019, that Lewis Kasman, a one-time top accountant for Gambino family mob boss John Gotti – and who visited Gotti while he was incarcerated at the [Metropolitan Correctional Center, MCC] in 1992 – claims the MCC guards have a history of corruption. Kasman told the paper that MCC correction officers often deliver food or cellphones to wealthy inmates. Kasman dropped a major bombshell in his interview with the Post, claiming Attorney General Barr, whose father was the headmaster who helped arrange for Epstein’s first teaching job at the school in 1974, made a “hush-hush trip" to the MCC two weeks ago, about the time Epstein was found in his cell with bruises around his neck.” Kasman added, “When does that happen? The attorney general never visits jails. Something’s not right there.”

If Kasman can be believed, Barr’s visit to the MCC would make the Attorney General -- who claimed he was “appalled” over Epstein’s death and is in charge of the FBI and Department of Justice Inspector General investigations into Epstein’s death – a person of interest or even a prime suspect in Epstein’s death. There is scant reason to doubt Kasman since he has very little to gain as a former mob figure who turned state’s evidence.

Here is more from the New York Post article:

The jail where Jeffrey Epstein apparently hanged himself was a nest of corruption in the early ’90s, according to one of late mobster John Gotti Sr.’s top associates — who insists it’s still a place where almost anything can be bought if you have the bucks.

“If he killed himself someone had to have helped him,” said Lewis Kasman, a onetime close confidant of the Dapper Don who visited the godfather several times at the Metropolitan Correctional Center in 1992.

“There are cameras going 24/7 and they’re watching 24/7. Someone had to give [Epstein] the equipment to kill himself and he had to pay for it dearly,” said Kasman, who has kept abreast of conditions in the lockup.

Kasman added: “That facility for years had issues of corruption, with correction officers bringing in food or cellphones for wealthy people.”

The former Gambino bean counter noted that Gotti, who did time both in the jail’s 9 South and 10 South units, its most secure wings, still managed to get his favorite steak dinner sneaked in: “He had Peter Luger’s whenever he wanted.”

As for violations of detention procedures, The NYT reports:

Mr. Epstein was supposed to have been checked by the two guards in the protective housing unit every 30 minutes, but that procedure was not followed that night, a law-enforcement official with knowledge of his detention said.

In addition, because Mr. Epstein may have tried to commit suicide three weeks earlier, he was supposed to have had another inmate in his cell, three officials said. But the jail had recently transferred his cellmate and allowed Mr. Epstein to be housed alone, a decision that also violated the jail’s procedures, the two officials said.

What could all of this mean for the United States? For one, it suggests the White House, Justice Department, federal prisons, and federal courthouses are infested with organized crime -- which is not breaking news to us or our readers. Writes Madsen:

One of the biggest threats to Donald Trump’s presidency – his former good friend and fellow uber-wealthy sex pervert Jeffrey Epstein – died in a federal detention center in Manhattan of what was officially termed a “suicide.” Suspicious deaths of incarcerated politically-sensitive inmates are common occurrences in countries like China, Zimbabwe, Pakistan, Russia, Egypt, Turkey, Israel, the Philippines, Uganda, Colombia, Guatemala, and now – the United States. These are countries where the rule of law is supplanted by the whims of government leaders eager to eliminate those who have knowledge of corruption at the highest levels of state power.

Epstein, who was arrested on July 6 at Teterboro Airport in New Jersey after returning from a trip to Paris, was being held at the U.S. Bureau of Prisons’ Metropolitan Correctional Center (MCC) in Manhattan while awaiting trial on federal charges of sex trafficking and conspiracy to commit sex trafficking. Epstein had been under a suicide watch after a previous incident where he was found unconscious with bruises on his neck from what was widely reported to have been a suicide attempt. However, MCC officials reported that Epstein’s suicide watch had been vacated just prior to his alleged suicide.

There are also reports that the surveillance camera system dedicated to the MCC’s Special Housing Unit (SHU) for high-profile inmates had malfunctioned, yielding no video evidence of Epstein’s so-called “suicide.” This, of course, is very unoriginal window dressing designed to establish the false narrative that Epstein evaded all maximum security prison controls in order to take his own life. Epstein’s death came a day after thousands of documents on Epstein’s recruitment of underage female sex slaves were released pursuant to a federal judicial panel’s order.

Some knowledgeable and influential voices have made it clear they do not believe the MCC's official story. Writes Madsen:

Although the usual suspects emerged to deride any notion of a “conspiracy theory” involving Epstein’s homicide, those questioning the MCC’s official story included former federal prosecutors, Justice Department officials, correctional officers, New York Times columnist Paul Krugman, bipartisan members of the U.S. Senate and House, a former New York Police and Corrections Department Commissioner, former federal prison wardens and public defenders, former MCC inmates, and Washington Post reporter Carol Leonnig, who tweeted: “People close to Epstein fear he was murdered . . . as Epstein told authorities someone tried to kill him in a previous incident weeks earlier. He was described as being in good spirits in recent days.” The skepticism about Epstein’s so-called suicide is punching holes right through the official story tellers – including certain quarters at the Washington Post and New York Times -- thus reducing their “conspiracy theory” accusatory pabulum to very weak sauce.

As for security cameras and guard checks, The NYT reports:

Eric Young, president of the national council of union locals that represents guards at the Metropolitan Correctional Center, said there were cameras in hallways and common areas, but not in the cells of the unit where Mr. Epstein was being held.

“From the moment you walk onto that property, you are under camera surveillance, ” Mr. Young said, adding that there should be video evidence of when the last checks were made and of anyone who approached Mr. Epstein’s cell.

Mr. Young said overnight checks in the protective unit are typically done every 30 minutes, but sometimes the schedule varies a bit, so that inmates cannot precisely predict when guards will come by their cells.

Mr. Young would not discuss whether the two guards on duty at the time of Mr. Epstein’s death were doing regular checks on him.

Prominent figures took to Twitter to express their doubts about the official story of Epstein's death, reports Politico:

The furious reaction from mainstream public officials as well as a swelling chorus of prominent voices on social media — it wasn’t just from professional conspiracy theorists or guys at the bar — as soon as news of his death broke showed how pervasive this reaction is.

“If we were living in a paranoid fantasy universe,” New York Times columnist Paul Krugman posted on Twitter, “I would be very suspicious about the Epstein suicide, even about whether it was really suicide. And you know what? The Epstein case itself shows that we *are* kind of living in a paranoid fantasy universe.”

“A guy who had information that would have destroyed rich and powerful men’s lives ends up dead in his jail cell. How predictably….Russian,” tweeted MSNBC host Joe Scarborough.

“Something stinks to high heaven,” agreed former Sen. Claire McCaskill (D-Mo.) “How does someone on suicide watch hang himself with no intervention? Impossible. Unless….” 

Actually, Epstein had been on suicide watch after an earlier incident on July 23, but was no longer.

New Mexico real-estate agent, helping Jeffrey Epstein buy a ranch 27 years ago, saw signs the accused sex trafficker had a taste for young female flesh

Jeffrey Epstein and New Mexico ranch
(From The Daily Beast)

A New Mexico real-estate agent saw signs more than 25 years ago that accused sex trafficker Jeffrey Epstein had a perverse taste for the flesh of underage girls, but she did not know what to make of it at the time, according a report yesterday at The Daily Beast.

Pat French encountered Epstein while the wealthy New Yorker was looking to buy a ranch in New Mexico. Epstein wound up buying from another agent, but not before leaving some disturbing and indelible images in French's mind. From reporter Michael Daly at The Daily Beast:

Saying something when you see something—the post-9/11 adage about terrorism—should also apply to the sexual abuse of underage girls.

Of course, not everybody could be expected to have understood the significance of what they were seeing before Epstein’s proclivities became widely known. That included realtor Pat French of Santa Fe, New Mexico.

Back in September of 1992, French was on the way to take her tween-turning-teen daughter and a friend to see the first woman to lead the Cherokee tribe, when she stopped at a luxury hotel to drop off some papers to a mega-rich New Yorker who was shopping for a ranch.

When she rang the doorbell to the suite at the Rancho Encantado that September day in 1992, Jeffrey Epstein was not who answered.

“There were all these girls,” French told The Daily Beast this week. “A little bit older than my daughter. Not much.”

French made what seemed at the time to be a completely reasonable assumption.

“I thought, ‘Oh, these must be his daughters and friends he took along on the trip,’” French recalled.

In time, French realized her assumption was off target:

She did not know at the time that Epstein had no children.

The girls took the papers, which described properties that French thought might interest Epstein. He had told her he was seeking isolation.

“He wanted really far away from people,” French recalled.

French proceeded on with her daughter and friends to see Cherokee Principal Chief Wilma Mankiller receive an an award from the International Women’s Forum. Mankiller—now deceased, from cancer in 2010—was a leading champion of women’s rights as well as Native American rights and human rights in general. Mankiller was taking particular steps to combat the sexual abuse of children in her tribe. French never imagined that the girls she saw back at the plush Rancho Encantado were victims of evil such as Mankiller battled.

“I had no idea about this man,” French later told The Daily Beast.

Epstein wound up buying a ranch that came with political attachments:

French had no further dealings with Epstein. He chose to buy a ranch through another realtor, Rhonda King, who was also then a representative to the New Mexico state legislature. The purchase of the 10,000-acre Zorro Ranch came with an additional, instant political connection, as Epstein bought it from the realtor’s uncle, former Gov. Bruce King.

Epstein proceeded to build a 26,700 square foot hacienda-style hilltop mansion, the largest private home in Santa Fe County, perhaps the state. The former governor’s brother, New Mexico State treasurer David King, was quoted saying of Epstein, “He’s building what you want as a heavenly ranch.”

Epstein was reported to have bought $600 bed sheets. He was said to have his bread flown in from New York.

“They do have money,” a local builder remarked.

Money apparently helped provide cover for Epstein's dark side:

Visitors to the mansion included the leading candidate for governor in 2002, Bill Richardson, who was later quick to say that he was accompanied by his wife. Epstein contributed $50,000 to Richardson’s campaign. Epstein kicked in another $50,000 towards Richardson’s successful run for reelection in 2006.

Gary King, the former governor’s son, was running for state attorney general that year and Epstein donated $15,000 to his primary campaign. Epstein also donated $10,000 toward Jim Bacca’s campaign to become head of the land commission and $2,000 toward Santa Fe County Sheriff Jim Solano's bid for reelection.

In the meantime, Epstein was apparently flying in underage girls as well as fresh bread, usually through Santa Fe when he was using his Gulfstream, or the larger Albuquerque airport when using his Boeing 727. One of his accusers would say that she was raped at the ranch when she was 15.

No doubt people at the airports and ranch workers and folks in town saw the girls. But nobody seems to have contacted the authorities even after the news broke in July 2006 that Epstein was being charged in Florida with having sex with underage girls.

The following year, Epstein was allowed to plead guilty to just one count of engaging a minor in prostitution. This unconscionable deal allowed him to serve just 13 months of nights and weekends in a private section of the Palm Beach County Jail. A resident of Santa Fe recalled to The Daily Beast that when she went into a local newsstand, the proprietor remarked, “Oh, he always used to come into town with all these girls.”

Statements from U.S. prosecutor James Kelleher and judge David Rush indicate Scott J. Wells has been detained due to state conviction that was overturned

David P. Rush

Court documents show Missouri resident Scott J. Wells has been detained for more than two years on child-pornography charges because of  statements from a prosecutor and the judge that range from incomplete to deceptive to downright false.

Could the statements, made by officers of the court in official proceedings, amount to fraud on the court, possibly rendering subsequent rulings void? Our research indicates the answer is yes.

In fact, it appears Wells has been held largely based on his 2004 conviction in a child sexual-abuse case. That conviction, however, was overturned due to the court's finding that my brother, David Shuler, provided ineffective assistance of counsel as Wells' defense attorney. How flimsy were those state charges against Wells, and what impact have they had on the pending federal case? From a post dated January 30, 2019:

Chief prosecutor James J. Kelleher apparently pushed for detention (in the federal case) based on the child sexual abuse case where the conviction against Wells was overturned. Let that sink in for a moment: A U.S. citizen has been behind bars for almost two years largely because of an earlier case where a conviction was overturned after a complaining witness was found to have lied under oath about Wells having scars on his penis. Kelleher was the state prosecutor in the child sexual abuse case, so perhaps he wants to punish Wells for beating weak charges the first time around

The 2004 state case ended when Wells entered an Alford plea to child endangerment. Here is how we described that outcome in an earlier post:

Wells agreed to an Alford plea of child endangerment to dispense with the first case. Trial Judge Don Burrell probably could have dismissed the whole case once a complaining witness was found to have lied about penis scars. But Burrell chose to overturn the conviction and give the state a chance to re-try, meaning Wells faced the prospect of going before a pro-prosecution jury in conservative Southwest Missouri.

With an Alford plea, a criminal defendant does not admit to the unlawful act and asserts his innocence. In essence, it is a type of plea that allows the prosecution to save face for bringing a weak case, and it allows the defendant to avoid the uncertainty of a jury trial. Nothing in the record even hints that Scott Wells actually endangered a child. Federal prosecutors now are trying to hold that case against Wells, even though he ultimately won it.

We know the highlighted section in yellow above was on target because we now have transcripts of two key hearings in the federal case. (Both transcripts are embedded at the end of this post.) The first proceeding in question involved a probable-cause and detention hearing on March 31, 2017.The second proceeding involved a status conference on February 6, 2019, focusing primarily on the exit of Shane Cantin, Wels' second court-appointed attorney in the case.

Together, the transcripts show Kelleher pushed for detention, and Judge David P. Rush granted it, based on the state case that ended in 2004. Neither officer of the court mentions during oral argument that Wells' conviction in that case was overturned -- and no document related to his Alford plea indicates he actually endangered a child. If anything, children (in the general age range of 10-12) endangered Wells by lying under oath in court. Let's consider prosecutor Kelleher's statements from the transcript of the probable cause/detention hearing:

The complaint obviously sets forth the facts supporting Mr. Wells' most recent involvement with child exploitation. There is also reference to the fact that back in 2004, he was convicted of sexual misconduct, statutory sodomy, incest, and child molestation in Circuit Court of Greene County. I am, of course, aware of that conviction, as I was the prosecutor who handled that -- that trial. It's frankly unbelievable that he is back before this court after being given the break that he was in relation to that case. The fact that he admitted that child pornography popped up on his computer is, obviously, ludicrous. The evidence in this case is overwhelming. The defendant's pleas to child endangerment, as well as the most recent conduct, clearly mark him as a danger to society. And consequently, Your Honor, I respectfully suggest to the Court that pretrial detention in this matter is appropriate.

There you have it: Kelleher clearly bases his call for detention on a 2004 conviction that was overturned -- and Kelleher conveniently fails to mention that to the court. Kelleher also fails to mention that Wells' plea to child endangerment was an Alford plea, with no indication in the court record that Wells actually endangered anyone.

U.S. public defender David Mercer, Wells' court-appointed attorney at the time, made no written argument to Kelleher's motion, but he did offer this pearl in oral argument: "Your Honor, on the issue of probable cause, we have nothing to add." So, Mercer is admitting there is probable cause to arrest Wells and search his home, even though the criminal complaint alleges Wells uploaded two separate computer files at the exact same time (down to the second), which cannot physically be done. In short, there is no probable cause in this case, but Scott Wells' own lawyer admitted there was more than two years ago. That's the kind of "defense" you get with a court-appointed lawyer.

Mercer obviously did not read the criminal complaint closely, and neither have Kelleher nor Rush. As for Rush, he was anxious to rubber stamp anything Kelleher wanted. From the judge:

I will find probable cause and order the matter held for Grand Jury or other appropriate proceedings. With regard to the detention portion, I concur . . . that he's not a flight risk. And I also concur . . . and intend to find, by clear and convincing evidence, that he is a danger to the community, and I will issue a written order with that finding and the reasons in support of that.

Rush's detention order (embedded at the end of this post) is based almost entirely on the 2004 case, where Wells was charged with sex offenses involving children -- and Rush makes no mention that the conviction was overturned, and Wells was the victim of under-age accusers who lied under oath and a defense attorney (David Shuler), who the court found provided ineffective assistance of counsel. In other words, Rush's "clear and convincing evidence" means you can be held behind bars for more than two years because the government charges you with something, even though they failed to prove you actually did it.

Scott J. Wells

As for the February 6, 2019, status conference, that dealt with Wells' pro se motion to have Shane Cantin removed as his court-appointed lawyer -- plus Cantin's own motion to withdraw. That prompted a soliloquy from Rush, portraying Cantin as a paragon of legal virtue. From the transcript:

Mr. Wells, I would first tell you, you don't get to fire an attorney you didn't hire. And I'm going to make some inquiries of you as to what your complaints are, and we'll attempt to address some of those complaints. I would also tell you Mr. Cantin is . . . probably one of the finest criminal defense attorneys in southwest Missouri. If you were to hire him, I don't know that you could afford him. That's how good he is. And I'm going to take up your request, and in the end, I'm likely to appoint you new counsel. You won't get anybody . . . better than him. He is well respected by the Court. He's well respected by the judges in the Western District of Missouri . . . . This court has found very few defendants that have had difficulty getting along with him. . . . So I would say be careful what you ask for because you're not going to find a finer criminal defense attorney in this area.

That Rush considers Cantin to be an excellent attorney -- and that Cantin generally is respected by judges and other defendants -- says nothing about his performance in defending Scott Wells. The transcript makes clear that Rush's real concern is that Cantin's letter to Wells (while the accused was detained at the CCA in Leavenworth, Kansas) became public. Cantin's letter, stated his own client had no defense to the charges against him and he surely would be convicted -- . shockingly, Wells and his family took offense to that letter and sought to have Cantin removed from the case.

As for Wells' complaints regarding Cantin's "defense," they generally come under three headings:

(1) Cantin had done nothing to get Wells' removed from detention or even moved from the facility in Leavenworth;

(2) Cantin had done virtually nothing on discovery -- going over the government's evidence with his client, taking depositions, etc.

(3) Cantin had not sought expert witnesses, which often are critical in the defense of child-porn cases.

Here is how Rush addressed Wells' concerns. From the transcript:

Court: If you're wanting copies of the alleged child pornography, that is not allowed, so tell me what has not been provided to you? 

Wells: I just have been informed, I mean, by other people that I should have got at least a copy of the discovery. I have been informed at different times that things have happened. I just had a lot of questions about it. . . . 

Court: Again, you're in federal court, and you don't have a right to depositions. So, there's nothing Mr. Cantin can do. If your complaint is he hasn't taken depositions, he's not allowed to. Your last two are contacting experts or filing motions as to bond. Your attorney is not required to file what he determines to be frivolous or non-meritorious motions. You have no right to an attorney who will docilely do as told. He is to apply his legal knowledge and experience and training. And filing frivolous or non-meritorious motions . . . doesn't rise to the level of him not providing you adequate representation . . .
And so, I don't know what motions . . . I guess it's to bond. I mean, he can file a motion for reconsideration of bond, but if he believes . . . it will not be granted, he's not required to do everything you tell him to do.

Did Rush speak the absolute truth to Scott Wells? Not exactly. Here are places where the judge went  off the tracks:

* Rush's claim that depositions are not allowed in federal criminal cases is plainly false. A quick look at Rule 15 of the Federal Rules of Criminal Procedure makes that clear. Why would Rush lie to a party about this issue? I don't know, but it's troubling.

* Rush's claim that Wells is not entitled to a "copy" of alleged child pornography is, at best, deceitful. First, it's not clear Wells asked for a copy of any child pornography, and such a copy -- if taken outside a secure government location -- would, in fact, be improper under the law. However, Wells absolutely is entitled to review every piece of evidence -- including images of child pornography -- that the government intends to use against him, per 18 U.S.C. § 3509(m), as outlined at this article.

* There is no evidence in the record that Wells asked his attorney to file a frivolous or non-meritorious motion. As we have shown in multiple posts, any of the following motions -- to dismiss for a deficient criminal complaint, to dismiss for a deficient indictment, to overturn detention for lack of probable cause, to suppress evidence as gathered in violation of the Fourth Amendment -- all would be meritorious. If Cantin and Rush are not aware of that, they haven't read the case file.

As for Cantin, even he seems to indicate he didn't do all that much on Wells' case. From the transcript:

Cantin: Well, when we still had the trial set several months away. I made a trip to CCA and took all the discovery with me and met with him for a couple of hours there at that time. Since he came back down here for . . . this docket, we had several weeks in which to prepare for a one-count indictment, and I've spent five or six hours at the Greene County Jail attempting to go through discovery and review electronic information and answer all his questions and get ready for trial.

Note that Cantin says he took discovery with him to the CCA in Leavenworth, but he doesn't say he reviewed it with Wells. Also, Cantin says he "attempted" to go through discovery at the Greene County (MO) Jail, but does not say he actually accomplished that. Since the law would not allow Cantin to take images of alleged child pornography outside a secure prosecution site, that likely means he never reviewed image evidence with his client at all.

That suggests Scott Wells' concerns about discovery are legitimate. That Judge Rush and Prosecutor Kelleher twisted the truth, or eliminated key details, in open-court statements suggests Scott Wells is being railroaded.

Mass killings are likely to get worse as white supremacists launch an uprising to "outdo" Timothy McVeigh and halt "The Great Replacement," a theory that whites are being "outbred," says former neo-Nazi

El Paso shooter Patrick Crusius

This past weekend's mass shootings in El Paso, Texas, and Dayton, Ohio, are a sign that white supremacists are mounting an uprising to halt what they call "The Great Replacement," a former neo-Nazi said on CNN yesterday. In fact, Nicholas Picciolini says the violence is likely to get worse in the near future.

"The Great Replacement" is a theory that minorities are "outbreeding" whites, meaning whites are destined to be replaced as the dominant race in American society. From Sarah K. Burris, reporting at Raw Story:

Former neo-Nazi Christian Picciolini, who created The Free Radicals Project, explained on CNN Sunday that these mass shootings from white supremacists are just the beginning.

He explained that the white supremacist manifesto the El Paso shooter (Patrick Crusius) left is something that he’s heard before.

“I think that manifestos have been very similar since 2009 when James von Brunn walked into the D.C. Holocaust Museum and left a manifesto,” Picciolini recalled. “They all reference the same conspiracy theories. Lately, they’ve been referencing something called ‘The Great Replacement,‘ which is this theory that whites are being outbred in America and will be replaced. Now, it’s all based on conspiracy theories, but what’s similar about these things is now that they’re trying to outdo each other, I think the death toll is going to get bigger and bigger.”

White supremacists now are largely trying to outdo Oklahoma City truck bomber Timothy McVeigh, Picciolini says. And President Donald Trump's rhetoric only makes the situation more volatile. From Raw Story:

“So, what’s happening is they are starting to put into action some of his policies that are getting pushbacks in a more extreme manner,” Picciolini explained. “So, they’re now starting to go after immigrants. They’re now starting to go after Muslims, and they’re taking it into their own hands. It’s only going to get worse. What they’re trying to outdo is Timothy McVeigh and his Oklahoma City bombing.”

Christian Picciolini

McVeigh killed 168 people, many of whom were children, by bombing the Oklahoma City federal building April 19, 1995. He explained that his motivation was part of retaliation for the ATF’s raid on the Branch Davidian compound in Waco, Texas. While McVeigh did not proclaim to be a white supremacist, he frequently quoted a white supremacist novel, The Turner Diaries.

As for "The Great Replacement" theory. signs of that were apparent at the deadly 2017 "Unite the Right" rally in Charlottesville, Virginia:

Host Wolf Blitzer recalled the chants at the Charlottesville, Virginia riots, where men shouted out, “Jews will not replace us.” Picciolini agreed it was an example of that kind of “white replacement theory” the right believes.

“And Brenton Tarrant in the New Zealand massacre referenced ‘The Great Replacement’ and several others since then have referenced it as well,” he noted.

What can Americans do about a rising tide of white-supremacist violence? Picciolini has some ideas, but first, he said we need to grasp what is going on. From Raw Story:

“You know, we have these discussions about guns, and we need better gun laws and more common-sense gun laws, but what is going to happen is they’re just going to find other ways to do this, so we need a more comprehensive approach,” Picciolini continued. “Things like a domestic terrorism statute which currently we don’t have on the books. And let me be clear about this: Since the ’80s, these white nationalists groups, myself included, we’re tied globally. So, this is a transnational terror network. What we’re seeing now is a wave of domestic terrorism.”

He went on to say that the attacks are a “mirror” to the political polarization the United States is seeing, only “it’s being amplified now, including violence.”

“The more that we’re having discussions about, . . . wedge issues like immigration or gun reform . . .  we’re going to see more of these activities happen to people who are feeling like something is being taken away from them when in reality, it’s not,” he said. “Equalization of rights does not equal oppression. And that’s how it’s landing on them at the moment.”

Video surfaces that shows cops killing a Texas man -- much as Missouri thugs beat up my wife, Carol -- and three years later, the Dallas community is learning the ugly truth about what happened to Tony Timpa

A Dallas man called 911 in August 2016, and instead of receiving help, he wound up dead.

Newly obtained records and video footage (see above) show police officers killed Tony Timpa and engaged in an extensive effort to cover it up, according to an investigative report from The Dallas Morning News. Write reporters Cary Aspinwall and Dave Boucher:

Timpa called 911 on Aug. 10, 2016, from the parking lot of a Dallas porn store, saying he was afraid and needed help. He told a dispatcher he suffered from schizophrenia and depression and was off his prescription medication. The News first reported Timpa’s death in a 2017 investigation that showed Dallas police refused to say how a man who had called 911 for help ended up dead.

The newly obtained video and records, part of a lawsuit filed by Timpa’s family in federal court alleging excessive force, contradict key claims Dallas police have made in defending the officers’ actions.

Police incident reports recounting the officers’ version of events claim Timpa’s behavior that night was aggressive and combative. The video shows Timpa writhing at times and clearly struggling to breathe, asking the officers to stop pinning him down.

On a custodial death report submitted to the state in 2016, the department answered "no" to questions about whether Timpa resisted arrest, threatened or fought officers.

Police had previously claimed to use only enough force necessary to block Timpa from rolling into a busy section of Mockingbird Lane. In the first minute, Timpa rolls around near the curb. But the video shows a police car clearly blocks traffic about a minute later near the bus bench where the officers had pinned him. Several officers continue pressing his restrained body into the ground.

This all has horrible resonance here at Legal Schnauzer, given that deputies in Greene County, Missouri, conducted an unlawful eviction against my wife, Carol, and me -- apparently at the behest of landlord Trent Cowherd, his lawyer Craig Lowther, and my lawyer brother David Shuler. A team of 6-8 officers, dressed mostly in SWAT gear, broke into our home (even though there was no final order of eviction), with deputy Scott Harrison pointing an assault rifle at my head, and officer Jeremy Lynn slamming Carol's head against a wall. An unknown officer we call "Mr. Blue Shirt" slammed Carol butt-first to the ground and yanked so viciously on both arms, in an up and backward motion, that it broke her arm just above the elbow.

The comminuted fracture required about eight hours of trauma surgery, with the procedure involving a number of complications that put Carol's life at risk. Sheriff Jim Arnott was on the scene and claimed (after Carol's arm had been broken) that she assaulted a law enforcement officer. Judge Jerry Harmison, in a joke of a bench trial, allowed four officers to lie, disassemble, and even commit clear perjury -- with Harmison finding Carol guilty and punishing her with what amounted to a $10 fine. Cops went so far as to claim Carol broke her own arm by flailing about in the back of a patrol car, while handcuffed and seat-belted.

How bad was the brutality used against Tony Timpa in Dallas? Aspinwall and Boucher set the scene, based on body-cam footage. (See video at the top of this post.):

Tony Timpa wailed and pleaded for help more than 30 times as Dallas police officers pinned his shoulders, knees and neck to the ground.

“You’re gonna kill me! You’re gonna kill me! You’re gonna kill me!”

After Timpa fell unconscious, the officers who had him in handcuffs assumed he was asleep and didn’t confirm that he was breathing or feel for a pulse.

As precious minutes passed, the officers laughed and joked about waking Timpa up for school and making him waffles for breakfast.

Body camera footage obtained Tuesday by The Dallas Morning News shows first responders waited at least four minutes after Timpa became unresponsive to begin CPR. His nose was buried in the grass while officers claimed to hear him snoring -- apparently unaware that the unarmed man was drawing his last breaths.

If that passage makes you sick to your stomach, you are not alone. We know firsthand about police brutality, excessive force, and cops' twisted efforts to cover them up. And the video from Dallas reveals a truth that only gets uglier. Here's more from the Dallas Morning News:

He had already been handcuffed by a private security guard before police arrived. He never threatens to hurt or kill the police.

The footage also shows the officers mocking Timpa as he struggled to live. Shortly after one officer ridicules Timpa’s repeated cries for help, an officer notes that he appears to be “out cold.”

They joke that he’s merely asleep and try to wake him: “It’s time for school. Wake up!”

One officer mimics a teen saying: “I don’t want to go to school! Five more minutes, Mom!”

They joke about buying him new shoes for the first day of school and making him a special breakfast, laughing loudly.

After it's too late, the officers actually show some signs of concern about what happened:

Timpa died within 20 minutes of police arriving, and at least 15 minutes before an ambulance eventually transported his body to Parkland hospital.

As the officers and paramedics struggle to load Timpa’s lifeless body onto the gurney, they begin to panic, seeing his glassy, open eyes and blades of grass stuck to his mouth.

One of the officers asks: “He didn’t just die down there, did he?”

An autopsy ruled Timpa’s cause of death was a homicide, sudden cardiac death due to "the toxic effects of cocaine and the stress associated with physical restraint."

The city of Dallas and Dallas County officials had fought since September 2016 to prevent public release of the records, arguing it could interfere with an ongoing criminal investigation. Officials then said the records could not be released because a criminal case against three of the police officers never made it to trial.

In my mind, there is no difference between the Dallas thugs and the bastards who beat up Carol in Missouri. The main difference in the two cases is that Timpa died and Carol lived -- barely. At least Timpa didn't have to go through the indignity of being falsely accused of a crime and being convicted based on cops lying over and over under oath.