Re: Can You Prosecute the Informant Who Had You Charged With a Crime
OK...so, on the day of my arrest, the woman complainant had an unresolved case pending in the very same court I would go to. She had shop lifted $335 worth of merchandise from Kohl's department store. Security confronted her in the parking lot. She threw it down and sped off, but they had her plate number. At her second court appearance after my arrest, she got a deferred deal. Obviously, she had met some requirement, as in go to a park and find someone who meets a certain profile, like some dude who appears to be alone. Creepy, huh? She pretended to be a victim. She was perfect for the role, as she had a vivid imagination about sex, and a penchant for drama. She also had a previous arrest for family violence, when she flipped out about something she imagined sexual. Her own family called the police on her. I never knew any of this. If I had known of either of these arrests, I would never have been persuaded to plead to anything. I had lost my job, my place, my things, money, relationships with friends and family....you know because once the accusation is out there, the damage is done. They finally offered deferred, and my lawyer wanted me to take it. The judge told us if I were convicted, he would give me the maximum. That ment I would go back to jail, lose my job and all my stuff...again. It was not an easy decision. I can live with it, if the truth can come out.
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On the day of my arrest, I was visiting Austin with a plan to start a business. My daughter had just started college in Austin and I wanted to be closer to her. I was still being paid for submissions I was making to the Florida newspaper I was working for. I was also a division one high school basketball official fifteen years experience. I had no history of miss behavior like these people described. None of my credibility counted for anything. Just the lies of a sexual nut job thief. Railroaded. Kangaroo court.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
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Quoting
wacojames
OK...so, on the day of my arrest, the woman complainant had an unresolved case pending in the very same court I would go to. She had shop lifted $335 worth of merchandise from Kohl's department store. Security confronted her in the parking lot. She threw it down and sped off, but they had her plate number.
So on the date in question, the police didn't know anything about this shoplifting suspect other than her driver's license number. She was later identified and charged.
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Quoting wacojames
At her second court appearance after my arrest, she got a deferred deal.
As did you.
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Quoting wacojames
Obviously, she had met some requirement, as in go to a park and find someone who meets a certain profile, like some dude who appears to be alone. Creepy, huh?
No, it's not obvious. You have not made any sort of connection. If your entire "case" for a conspiracy is that your accuser was spotted shoplifting by a private LP officer on the same day, you have no evidence of a conspiracy.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
So are you saying that she completely fabricated what she told the police that got you arrested?
Regardless of what you learned afterward, you had the option to fight it in court and chose not to.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
Just for giggles, I Googled:
austin arrest indecent exposure park
Apparently, many parks there have such a problem and the police seem to take enforcement seriously. Stings, undercover officers and strict enforcement are all detailed in the 360K results that come up.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
Mr. Knowitall, please don't respond further. Your posts are unenlightening and argumentative. If you want to be useful, tell us how trolls actually make money. I've always been curious about that.
Welfarelvr, as one lawyer told me, everyone knows "stuff" happens at Zilker park. The police probably felt pressure to make this kind of arrest. And I was in the wrong place at the wrong time. But who knew all you needed was a victim, or someone willing to pretend they were a victim, with a sex charge. I sure wouldn't. Seems that if someone said they SAW someone committing forgery, you'd want evidence of a bank transaction. If someone said they SAW someone committing murder, a body or a missing person would be in order. Theft? Drugs? Finding someone in possession of said goods would be important. But apparently with a sex charge, all you need is a victim. Who would know that? Police, and lawyers, that's who. I might just as well been a Salem witch.
What I'm looking for is a plan on how to proceed. My thought so far are: file every possible grievance with every possible agency, department, advocate organization, the Innocence project, the police monitor. I did contact the FBI. They were interested at first, but then nothing. Then again, their main job these days is framing terrorists. Maybe the Republicans, since everyone involved with framing me is a democrat: the D.A., the judge, my lawyer. The judge is up for re-election. I've thought about papering her neighborhood with her picture (she's on Facebook) and the words "police informant." That should make the nut job go ballistic, and set something in motion. I keep wondering when that Karma thing will kick in. Coincidentally, the D.A. was caught drunk driving three times the legal BAC by the sheriffs, and was arrested two years to the day from when I was. She didn't even lose her job. She apparently is a powerful woman politically. I'm probably going to have to find a lawyer from another city, or even another state for help. I do want to file a federal lawsuit. I need to know what other dots I need to connect. At this point, I know they withheld information that would have been useful to me, and it affected my decision. I'm sure there is some kind of paper trail documenting precisely what the terms of her "community service" was. We did file a motion to discover any and all public records of her past. The judge quashed it, giving the lame excuse of a juvenile record would be inadmissible. Good grief, he to be staring at her current record. Even the judge was in on it.
Consider, if the police did this to you or a loved one, what would you do? Don't think it couldn't happen to you. If it could happen to me, it could happen to anyone. Make no mistake, they are caught, and they know that I know what really happened. Making as much noise as possible might be the only thing to keep a bullet from being put in the back of my head.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
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Quoting
wacojames
Making as much noise as possible might be the only thing to keep a bullet from being put in the back of my head.
Ahh...the thread has now jumped the shark.
Drinks anyone?
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
I'll pour.
So, has anyone checked the stock prices for Reynolds Aluminium lately?
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
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Quoting
wacojames
welfarelvr - best answer so far....First, what I want most is for the truth to come out.
Write a book, start a blog, talk to the media. But, be careful when you start naming names because you could find yourself sued for libel.
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I suspect that if the public knew that police target random people, manufacturing pretend crime scenarios, using criminals pretending to be victims, so as to sweep in like heroes and meet arrest quotas, that would be unacceptable.
But ... uh ... you pled no contest! And you still haven't mentioned what it was that this witness observed and how they came to observe it. If this so-called "CI" was the sole witness against you, then you should have insisted on a trial because a confidential informant could not be used to convict you for flippin' out your willie.
Oh, and do you have proof of any kind of an arrest quota? I suspect not, so I would recommend you avoid making such accusations in public (see my above comment on libel).
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I have one lawyer attempting to reopen the case, with all the evidence on the table.
Good luck.
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In Dallas, a woman recently won $1.2 million for a false arrest where she spent nine days in jail. I did 35.
Did that woman plead out? Is the DA in your case the same as in Dallas? No? Hmmm ... then it's not really relevant.
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At one point the D.A. threatened me with felony indecency with a child.
Did a child witness your exposure?
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Having a child in a drug sting would also be a no-no they wouldn't want anyone to know about. It was probably a drug sting, with IE as a back up plan.
Then how did YOU get involved? Were you supposed to be involved in a drug deal but ended up whipping it out?
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
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Quoting
wacojames
Mr. Knowitall, please don't respond further. Your posts are unenlightening and argumentative.
What you actually mean is that you don't like to hear the hard facts. You were the one who came in here spouting off about a conspiracy, and it's not my fault that as it turns out you have absolutely no evidence of a conspiracy.
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Quoting wacojames
If you want to be useful, tell us how trolls actually make money. I've always been curious about that.
You told us that you have a job, so I figure that's how you make your money.
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Quoting wacojames
The police probably felt pressure to make this kind of arrest. And I was in the wrong place at the wrong time. But who knew all you needed was a victim, or someone willing to pretend they were a victim, with a sex charge.
And you're back in fantasyland.
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Quoting wacojames
What I'm looking for is a plan on how to proceed. My thought so far are: file every possible grievance with every possible agency, department, advocate organization, the Innocence project, the police monitor.
...and you end up looking like a crank.
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Quoting wacojames
I did contact the FBI. They were interested at first, but then nothing.
Because either they took note that you had no evidence, or they investigated and found that your speculation was unsupported by any verifiable fact.
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Quoting wacojames
Then again, their main job these days is framing terrorists.
I guess you don't think it's a big deal that people recognize you as a crank....
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Quoting wacojames
Maybe the Republicans, since everyone involved with framing me is a democrat: the D.A., the judge, my lawyer. The judge is up for re-election.
And maybe you need to be fitted for a tin foil hat.
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Quoting wacojames
I've thought about papering her neighborhood with her picture (she's on Facebook) and the words "police informant." That should make the nut job go ballistic, and set something in motion.
Yeah, like headlines about a perv who was caught masturbating in the park harassing the woman who reported him to the police, and maybe a new criminal charge.
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Quoting wacojames
Coincidentally, the D.A. was caught drunk driving three times the legal BAC by the sheriffs, and was arrested two years to the day from when I was. She didn't even lose her job. She apparently is a powerful woman politically.
So powerful that she got a deferral, maybe? You have to be involved in a conspiracy to get one of those, right? (Unless you're you.)
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Quoting wacojames
I'm probably going to have to find a lawyer from another city, or even another state for help.
So you don't have a lawyer working on your case?
What you would need to do if you want to get any relief from your voluntary plea to the charge would be evidence that any of your speculation is premised in fact. Unfortunately for you, the foundation you've presented here proves absolutely nothing.
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Quoting wacojames
I do want to file a federal lawsuit.
Over the imaginary conspiracy?
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Quoting wacojames
I need to know what other dots I need to connect.
Actually, you need to start by finding at least one dot.
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Quoting wacojames
At this point, I know they withheld information that would have been useful to me, and it affected my decision.
Except it sounds like they gave you the witness's name, but that she used an alias when she made the report. Or perhaps all of the time.
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Quoting wacojames
I'm sure there is some kind of paper trail documenting precisely what the terms of her "community service" was.
It doesn't take a genius to figure out what "community service" is.
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Quoting wacojames
We did file a motion to discover any and all public records of her past. The judge quashed it, giving the lame excuse of a juvenile record would be inadmissible.
So you were not telling the truth earlier when you said you didn't know who she was and thus couldn't get her record. You did know who she was, but the record you hoped to introduce was ruled inadmissible.
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Quoting wacojames
Good grief, he to be staring at her current record. Even the judge was in on it.
Now the judge is "in on it"? You live in a world of make-believe.
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Quoting Irby v. State, 327 S.W.3d 138, 144-145 (Tex. Crim. App. 2010)
On appeal, appellant complained that the trial judge denied him his constitutional right to confrontation and cross-examination by not permitting defense counsel to cross-examine W.P. about his juvenile deferred-adjudication probation. The court of appeals upheld the trial judge's ruling. It first noted that "evidence of a juvenile adjudication, outside the realm of a juvenile proceeding, is not admissible for impeachment unless required by the Texas or United States Constitutions." It then acknowledged that the confrontation clause may require the admission of such evidence "if the cross-examination is reasonably calculated to expose a motive, bias, or interest for the witness to testify." But the mere fact that a juvenile had been placed on probation or had some other "vulnerable relationship" with the State is not enough to establish bias or prejudice; the cross-examiner must show some "causal connection" between the witness's "vulnerable relationship" and the witness's testimony....
In Texas, as in most jurisdictions, juvenile criminal records and adjudications are not admissible to impeach the general credibility of a testifying witness, even though the juvenile may be on probation and is technically in a "vulnerable relationship" with the State throughout that probationary period. [Except as required by the Constitution] Rule 609(d) of the Texas Rules of Evidence explicitly prohibits their use for attacking the general credibility of the witness....
Lame excuse?
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Quoting wacojames
Consider, if the police did this to you or a loved one, what would you do?
First, I wouldn't act like a raving lunatic, posting idiotic conspiracy theories all over the Internet. Second, if the allegations weren't true, I would very likely go to trial.
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Quoting wacojames
Don't think it couldn't happen to you. If it could happen to me, it could happen to anyone.
What could have happened to you is that two women saw you doing something in the water, were mistaken about what it was, but reported it to the police resulting in your being prosecuted over a misunderstanding. What did not happen to you is the conspiracy that you imagine to have been behind the prosecution, a conspiracy for which you have an ever-expanding cast of characters but absolutely no evidence.
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Quoting wacojames
Make no mistake, they are caught, and they know that I know what really happened.
Fantasyland.
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Quoting wacojames
Making as much noise as possible might be the only thing to keep a bullet from being put in the back of my head.
Fantasyland.
Whatever happened on that day, you need to get a grip. Seek some counseling.
Re: Can You Prosecute the Informant Who Had You Charged With a Crime
Apparently. OP needs to stop hanging out in such parks.:wallbang:
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Quoting
Welfarelvr
Just for giggles, I Googled:
austin arrest indecent exposure park
Apparently, many parks there have such a problem and the police seem to take enforcement seriously. Stings, undercover officers and strict enforcement are all detailed in the 360K results that come up.