Tuesday, February 3, 2004

The Evidence Tim Taylor's Incriminating Testimony

Thursday, October 21, 2010

The Evidence

Re: The “Jane Crow” [1] era, Jeep v. United States of America[2]

As I referenced previously with my appeals, my petition for a writ of certiorari and in my prior correspondents with you and because I know you never took the time to look at them, I NOW include for the record:
1.      A copy of the trial transcript (SD26269.doc) where Officer Taylor contradicts his prior sworn police report.  He testified I did not blow for a continuous 15 seconds.
2.      A copy of Officer Taylor’s sworn police report[3] dated 05-18-03.  Taylor confirmed on page two of his sworn report, I blew for 15 seconds without stopping, “Jeep started again watching his watch and stopped after blowing approximately 15 seconds.”  No one can blow for 20 seconds without stopping.  If it is attempted on the DATAMASTER as programmed for the State of Missouri (5/17/03) it will ALWAYS return an “Invalid result” every-time.  There is NO way, given the instructions in Taylor’s sworn police report, anyone could pass the test.  Anyone following those instructions will fail with an “Invalid result” every-time.  The police report is consistent with verifiable facts, i.e., the “invalid result”.  Taylor’s sworn trial testimony is not is consistent with verifiable facts; it will not produce an “invalid result”.  He thus gave false testimony.  The Prosecutor[4] and the Police[5] clearly presented false EVIENCE to convict me!!!!!!
If there is anything further I can do for you in this regard, please let me know.
Thank you in advance.
“Time is of the essence”
David G. Jeep

STATE OF MISSOURI,                         )
              Respondent,                           )
v.                                                        )  S. D. No. 26269
DAVID G. JEEP,                                  )
              Appellant.                               )
The Honorable Bruce Colyer, Judge
STATE OF MISSOURI,                         )
              Plaintiff,                                  )
v.                                                        )  Cause No. CR203-1336M
DAVID G. JEEP,                                  )
              Defendant.                              )

TIM TAYLOR, called as a witness in behalf of the STATE, being duly sworn, testified as follows:

CROSS-EXAMINATION BY MR. JEEP:  Excerpt starting page 118

Q.         I mean that's what you said.  I blew for 15 seconds.  How did you know I was blowing 15 seconds?
            A.         Approximately 15 seconds.
            Q.         Approximately 15 seconds.  Okay. 
            A.         Uh-huh. 
            Q.         So I did have a solid tone for approximately 15 seconds?
A.         No.  Actually your take (phonetic spelling) cut out during the 15 seconds.
            Q.         The tape (phonetic spelling) cut out?
            A.         Your breath sample.
            Q.         So it wasn't 15 seconds; how long was it approximately?
            A.         You blew approximately for 15 seconds.
Q.         Okay.  So I blew for approximately 15 seconds at a solid tone?
            A.         No.  There was--There was a break in--
            Q.         How long of a solid tone did I blow for approximately?
            A.         I really don't recall.
Q.         Was there a break in the 15 seconds?  Did I stop and start in the 15 seconds?
            A.         Yes.
Q.         That's not what your--I mean you stated here in your supplement report here--have you read it right here, this last sentence, "Jeep started the test, watching his watch.  After blowing for approximately 15 seconds"--
            A.         Uh-huh. 
            Q.         So I blew 15 seconds, but it wasn't a blow; it was a--
A.         I don't think I stated that it was a continuous blow for 15 seconds, no.
Q.         Okay.  So it was just a blow, I guess.  I don't know--We don't know what it was.  Start and stopped.  Okay. 
And you also said that I blew earlier on in his--in one of these instances, huffing and puffing for five seconds approximately each time?
            A.         I don't know--
            Q.         Earlier testimony.
            A.         --know what you mean by huffing and puffing.
Q.         Well, I mean you said I blew, starting and stopping approximately five--five seconds each time.
            A.         Approximately five seconds.  About the longest
that you would blow was approximately five seconds, yes.

[1] The Court’s bias for a woman’s rights over a man’s rights with unequal protection of the Law, family law.
[2] A Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” currently on file in the Supreme Court clerk’s office, 8th District Court of appeals Appeal: 10-1947, U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM -- State Court Case No.: 03FC-10670M, Missouri Court of Appeals eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 & State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).
[3] Re-enact the events as described by Taylor’s police report.  First see if you can find ANYONE that can sustain a blow for 20 seconds without stopping, as I was told I had to do.  It is humanly impossible.  And secondly tell me what kind of report you get from the DATAMASTER as programmed for the State of Missouri (5/17/03) after maintaining a steady tone for as long as humanly possible.  Lets say 15 seconds (+/-) as I did.  It will be an “invalid” result.  The police report dated 5-18-03 is accurate and verifiable; his trial testimony is false.  Anybody that is given the instructions, I was given as documented in Taylor’s police report WILL FAIL THE TEST and thus be marked as a REFUSAL, loose their license for two years and be dammed in any pending divorce and or criminal trial.  The police in Osage Beach, The State of Missouri Department of Revenue, that has the authority and responsibility to reviews these suspensions, neither of them know what a refusal is!!!!!!!!!!!!!!!!!!!  I told them that during the appeal.  If the State of Missouri had even a clue as to what constituted a refusal this should be a Brady Violation also, BRADY V. MARYLAND, 373 U. S. 83 (1963)
[4] Due Process of Law as defined by Brady v. Maryland, 373 U.S. 83 (1963), says: “We now hold that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.Page 373 U. S. 87