I was searching through google news, and found this case of a man sentenced to 10 years aggravated stalking through the AJC. There were alleged acts of violence before the order, and claims of threats afterwards. Journalist generally don't know what a legally proscribable threat is, so I checked it out. Usually when I see claims of physical violence I pass over them as not worth my time, But the case stemmed from Cobb county-so it was worth looking through the docket. The first thing I notice is that the court doesn't want us to see what the indictment is, or what is on the warrant.
But there was a slip up. On Jan 22nd, 2018, The sheriff's office filed a motion and included a warrant as an exhibit.
So he was served the protection order...after he was arrested on the warrant that we can't see. There are two civil cases involving the parties. One was filed june 1rst 2017, and was dismissed the 27th, 2017. The second was filed on the 28th, and the order was granted ex parte. In violation of his due process rights as recognized under Carroll v Princess Anne. It was finalized about July 17th. There was also a misdemeanor harassing phone calls conviction about september of 2017, and reportedly he's been in custody since june of that year. The petitioner, it shows incorrectly in the dismissed case, did obtain the counsel of DUMITRESCU,KATHLEEN likely in the second case-likely through the VAWA grants.
Though it has yet to be tested, one of the elements of a 16-5-90/91 (stalking based) charge is that the contact must not be consensual. Reportedly the phone call(s) were made from the phones at the jail. Other than harassing phone calls, he had no prior convictions in GA which seems to suggest maybe he was in Louisiana at the time. Given the AJCs reporting, he was in custody for a parole violation at the time. Which means from Cobb, he was sent to Louisiana? But it isn't clear where the phone calls had occurred, he could still have been in GA waiting for LA to pick him up. From previous open records from Cobb County, with the audio in a proprietary format, is it clear that each phone call from the jail points out that that the caller is from the jail and that it is a collect call, and gives an audio snippet of the caller. I doubt such a system would vary in Louisianan. As i said, it hasn't been tested, but for her to agree to the phone call equates to consent and charges on her phone. Whatever was said, or wasn't said, is not on the court docket. I would imagine she didn't pick up. Still repeated unwanted phone calls could still be classified as harassing phone calls, from the deprecated days when sending electronic signals weren't considered speech but conduct.
Charles appears to have been arrested on Dec 15th, 2017 (the AJC says he was continuously in custody, so maybe brought back to GA?) until he plead guilty Feb 15 2019, and was sent to a much better place-Prison. He was held 14 months without a bond, with the controlling judge Mary Staley [Clark]. A judge who the US Supreme court scolded for eating genital shaped cookies with the jury in a capital murder case. A judge notorious for max sentences, a judge notorious for not granting a bond, a judge that always sides with the state. A judge, like all of Cobb's female judges, known more for her social skills than her intellectual abilities-a conwoman who never allows the accused a chance to defend themselves. More interested in post trial sex parties with the jury pool, than actual justice
Petitioner Marcus Wellons was convicted in Georgia state court of rape and murder and sentenced to death. Although the trial looked typical, there were unusual events going on behind the scenes. Only after the trial did defense counsel learn that there had been unreported ex parte contacts between the jury and the judge, that jurors and a bailiff had planned a reunion, and that “either during or immediately following the penalty phase, some jury members gave the trial judge chocolate shaped as male genitalia and the bailiff chocolate shaped as female breasts,” 554 F. 3d 923, 930 (CA11 2009). The judge had not reported any of this to the defense.
Wellons v Hall 558 US 220
Anyways, Alexander decided to go Pro se. Which no one who was pro se had ever beat there case, with one close possible exception as previously blogged. he filed a few pro se Motions.
It also appears he was using the law library, and referenced reid v perkerson(1950) from the law library. I suppose the books haven't been updates in years; Cobb County was the party that put an end to the right to bond in non-capital cases so far as the case law is concerned. The appellate court said it was deprecated by statute in the habeas case constantino v warrran (2009). Although Alexander was asking for a non-excessive bond, he didn't try to argue that the denial of bond was unconstitutional. His motion for bond also reveals that he was arrested Dec 15th 2017. His motion for bond also challenges the denial of bond, in that he hadn't been indicted in 90 days. Generally, the state has 90 days to indict or release-but can extend it to 180 days with a motion in a capital case. The state had not done this. If you look above, the indictment is filed with the court june 27th 2018. Well beyond the 180 day window, and it is not a capital case. In rawls v hunter, the GA supreme court ruled "The language of this statute is unambiguous. If the state refuses bail to an incarcerated person, then the state must present its case to a grand jury for indictment within 90 days. If the state fails to do this, then bail is mandatory".
Of course a missing detail is that he was transferred in April. However, that should not make a difference since he was in custody. See Tatis v state. that said, 17-7-50 doesn't seem to be well litigated or tested when a person is held out of state. There may be yet another possibility, and that that the court simply delayed putting the indictment on the court docket. But I don't see that as an excuse. Supposing there are a probation or parole hold, he would still have a right to get a bond on the new charges, but the holds would prevent his release I would think.
He even tried to appeal the judges denial of bond. But sadly appellate practice is a bit above more peoples head, and it is doubtful a pro-se parte can do a timely interlocutory appeal while in custody. In an order that is not yet final, you have to file a notice of appeal and file for a certificate of immediate review within 10 days (may vary in other states). He waited longer than 30 days, and he didn't get the certificate. It is one of those unfortunate things pro-se parties run into quite frequently.
Oh, and good luck waiting for an accounting statement to proceed pro-se in a habeas corpus (about a 3 week wait), and the state want a habeas proceeding in 10 days. He attacked the indictment on grounds that the conduct had occurred in Liousianna.
That is an interesting theory. Supposing there is conduct that had occurred in Liousanna to Cobb County, if the suit had been in chancery (the civil protection order route) there would be some merits to the argument because Georgia's civil Long arm statute does support such claims.
Therefore, applying the Long Arm Statute as interpreted in Gust [, supra, 257 Ga. at 130, petitioner] has alleged no acts by [respondent] giving the Georgia courts personal jurisdiction over him․
-HUGGINS v. BOYD A10A1346 (2010)
I concur in all that is said in the majority, but write specially to note that having to set aside the protective order in this case is an unfortunate result of Georgia's unnecessarily restrictive Long Arm Statute, which under these facts requires both act and injury inside the state under OCGA § 9-10-91(2). It is illogical that venue for the crime of stalking is the place where threatening email is received, OCGA § 16-5-90(a)(1), but that our courts cannot obtain personal jurisdiction over the stalker to issue a civil protective order unless the stalker engages in some additional “persistent course of conduct.”
-a concurring opinion by a retarded appellate judge [Barnes] who doesn't know that the courts of chancery doesn't have jurisdiction anyways when there exists an adequate remedy at law.
But supposing if the conduct that led to the TPO was exclusively in Louisiana, although it might be too late to argue, it could have removed the aggravating factors if the equity was invalid. Typically you have to seek judicial review before violating an an alleged unlawful injunction. Needless to say, denied. But if the criminal charge is based upon conduct in Louisiana, he won't prevail on a question of jurisdiction. Maybe an argument about the mens rea and due process.
We also see that he filed a special demurrer. In it he claimed that the indictment in invalid because it failed to specify a time when the allege offense occurred, just that he committed the offense. Again, the court refused to put the indictment online and there are no attachments/exhibits.
Of course the case gets even dirtier. Mind you these are just allegations at this point, but it falls in line with the dirtiness of Cobb County. An attorney generally may not have ex parte communications with a Judge. There was a major scandal years ago where a judge was caught on film discussing case strategies with a prosecuting attorney. Here is his allegation made Dec 11th, 2018:
Anyways when Judge Green was caught, he wasn't happy.
That suit says Green telephoned the county attorney and then yelled at her after the sheriff’s office had previously released a number of recordings of proceedings in his courtroom.
https://www.ajc.com/news/local/cobb-judge-too-chummy-with-prosecutors-defense-attorneys-claim/YlRy7Ci9O8UqM0M6dDOBkN/
And even more from the AJC
The DA at the time [in yet another case], Green’s old boss, was his campaign treasurer in a previous judgeship race. Green refused to consider recusing himself and even debated the lawyers who brought it up. That makes judges look hostile and unfair, the Supremes noted.
https://www.ajc.com/news/local/tale-the-tape-cobb-judge-too-chummy-with-prosecutors/IEFvLCwqZFtJgShx8YlXrO/
And how did Cobb County and the Sheriff respond to the Reuben green scandal?
Since this controversial recording became public, Ashleigh and John Merchant have encountered considerable difficulty when filing Open Records Act requests for additional recordings. The suit alleges that the county attempted to deter firm and other members of the public from accessing recordings from courtroom proceedings by imposing unnecessary fees to view the tapes – a practice which did not exist before the scandal began.
A representative from the Sheriff's Office claimed that the recordings were only retained for a period of 15 to 30 days, and that security videos need to be reviewed by a deputy to identify any information found within that could negatively impact security. When calculated, the cost of having a deputy review a video would equate to $25.64 per hour.
yeah, that could be going on in Judge Mary staley's courtroom. Or at least it is alleged on the public record. And the GA supreme court doesn't care https://law.justia.com/cases/georgia/court-of-appeals/2018/a18a0828.html
Hopefully the scotus will give him a new trial since the GA supreme court didn't recognize the severe abuses. Oh, the ruling regarding judge green was made Oct 25, 2018. So if there are any merits in Alexanders allegation, she just gets avoid the issue (in dec 2018).
Sign, as if the pain that would befall Alexander wasn't enough. In the past, he wasn't a nice guy. The record has yet to show any evidence against him. But the state brings up the dreaded recidivists. The recidivist doesn't bring up mere similarities, but their entire criminal record. A way to smear a defendant, and with a charge like stalking where the standard of conviction is a reasonable fear. Well your battleship is sunk at that point....especially if the prior convictions are violent. 13 prior convictions. Many of them are just violation of protection orders, but there there are purse snatching, resisting arrest, unlawful entry, false imprisonment, [something] of a correctional officer. The only other charge in Cobb County was a harassing telephone call, sept 2017.
To make matters worse, he was also assigned an attorney John Hildebrand. I have to watch what I say to avoid possible libel suits, but he's one of the many Marietta attorneys I would run away from. ?Luckily? Alexander was still pro se, and john was stand by counsel.
The prosecutor also filed this, which is to use an old conviction to impeach Alexander as a witness. I suppose it was in preparation for Alexander to testify. A case from over a decade old.
And to make matters worse, they were or did try to publically humiliate him. I am not sure what happened, by the whole ministry of love thing is a lot slower than the court would have us believe. They were going to have him tested for confidency to stand trial. If they do that, they could send him, without any due process, to a mental hospital to be force medicated. Unlawful, but this is how Cobb operates. Anything a defendant says to the psychologist goes directly to the judge and the D.A.
Unfortunately in the USA, not unlike Nazi Germany, the USA has become a biocracy. You can only enjoy certain rights if you pass certain biometrics. The Nazi's would send you to a physical death camp, the United States sends people to a permanent economic and social death camp. We can conjecture which is worse, but at least those who survive CAN REBEL. Only certain people have free speech, the government wants to take away your guns if you were ever mentally ill, they want to take away your jury trial rights, your self incrimination rights, it can be used to deny you a bond. It is disgusting what the country is becoming.
Given he's been locked up for 14 months, he probably hasn't been allowed to obtain material witnesses or evidence. His only witness was likely going to be....himself. The judge who issued this ruling was judge Brantly, a senoir judge who unlawfully gags people in the family courts. Regarding his evidence, I can't make heads or tails of this other than a letter.
The prosecution does have their evidence. from one filing the past convictions, and the TPO. Another filing list the ex parte order. The other filing may be more damning, if it shows physical injuries. i suppose it does. You see the county also trying to say that any contact, even protected contact before the order, they are going to try to tell the jury as stalking. Seriously greeting cards?
Then to make matters worse, the court filed a motion as evidence something about a shock vest. Where they planning to shock the defendant? That prejudices a defendant. Seriously what the hell?
Ultimately after about 13 months, Charles Ray plead guilty. He took a blind plea on what looks to be the day of his trial. Judge Brantley nailed him with 10 years and recidivist. There was no negotiated plea, it was a blind plea. he got the maximum sentence.
But the court wasn't done screwing with him. When a person pleads guilty in GA, they have to go through a questionaire to make the plea deal stick. OCGA 16-5-91 limits the fine to $10k, and ultimately the judge didn't fine him. But this is what the judge Brantley had wrote his possible fines could be. Time for that retard to retire.
But it is also on this questionairre that we might see the real reason for pleading guilty. Cobb County is notorious for denying inmates health care...and religious diets. Usually they are quick to give inmates anti-anxieties, but if he needed something stronger the jail has a no narcotic policy. Here, they locked up a guy with depression and anxiety issues and denied him his medication for 14 months. Seriously,i met a guy (false arrest, beat his charge) who had a stroke because they refused to give him his anti-anxieties, then refused to give him follow up care.
If this guy hurt jonelle Dare, he should have been prosecuted for that. If he had threatened violence upon her, well yeah prosecute him for disorderly conduct. It isn't clear from the court docket what he said that was unlawful, they were trying to bring up a lot of old conduct, but that doesn't mean they don't have evidence. They refuse to many public documents public. He was entitled to a bond as a matter of right, and they denied it. They were going to order a mental competency examination, that is wrong on so many levels. They gave him one of the worst lawyers in...wait, cobb county is full of the worst lawyers. They threatened to fine him 10x the statutory amount. They gave him a max sentence. They were denying him medical care.
I haven't request discovery in this case. I am not going to throw any more money at Cobb County's direction. Not even at the Braves, or the Home despot. So with that in mind, I cannot make an argument about the first amendment aspects of this case. This case is disturbing at so many levels. It would be one thing if they gave him a chance to defend himself, but in this Clinton voting republican threshold it is guilty until proven innocent;keep the property taxes down for companies like home despot at the expense of innocent people. Not saying Alexander is innocent, but the more concerning violent accusations (which likely would be misdemeanors) were ignored. They likely didn't have a case, but knew they could disappear him for making phone calls even if he was actually innocent as they abuse no bond policies.
I hope, and it isn't too late, that he withdraws his guilty plea and take it to trial. If they are going to give him a maximum sentence recidivist for pleading guilty, then he might as well make the county pay as much as possible.