Thursday, January 20, 2005

Office of Chief Disciplinary Counsel, Case # CR203-1336M, SD26269, Report of a crime and a request for an investigation


January 20, 2005
                       
Office of Chief Disciplinary Counsel
3335 American Avenue
Jefferson City, MO   65109-1079
                       
Re:   Case # CR203-1336M, SD26269
         Report of a crime and a request for an investigation
                       
Dear Sirs,
I have been referred to you by the supreme court of Missouri.  I have to date spent nearly $5,000 on my defense regarding a charge of DWI as referenced above.   I am sure that you question anyone’s assertion of innocence to the charge.  But all men are considered innocent until given right to due process and proven guilty in a court of law.  When the police lie, the prosecutors suborn perjury and the judge looks the other way is there any justice?
I was charged on 5/16/03 somewhere just after midnight.  I was not drunk, I had not put anyone at risk.  The arresting officer pulled me over for failing to use my blinker as I crossed the center lane of a virtually empty road as I entered the highway via a left turn.  I was not belligerent, I was not disorderly.  I submitted for the breathalyzer test. I blew steadily for 15 seconds, the result was in valid. 
I submitted for the field sobriety test battery, I supposedly failed.  I did not fall down I was just a little unsteady.  I failed while I was wearing cowboy boots.  See the enclosed prisoners receipt for a pair of boots and other miscellaneous.  The standard procedures for the test as set by NHSTA, state that anyone wearing a 2” heal or higher should be offered the chance to remove the shoes prior to the test being administered.  I was not afforded that opportunity. 
I could not afford an attorney. I had quotes that started at $10,000 for a defense against this charge.  Needless to say, again, I could not afford a lawyer.
While attending to pretrial issues in Camden County the Judge at the time one Jack A. Bennett had me thrown in jail.  There was never even so much as an explanation offered as to why I was put in jail in the courtroom.  Later I was told by the Bailiff that I was being held because I had driven myself to court and that was an illegal act in that because of my asserted refusal my license had been revoked. 
My wife had driven me to court that day.  She had taken off work and taken my son out of school to do so.  She had driven me down to Camden County.  No one would listen to me.  When I contacted a bail bondsman he put up my bail and spoke on my behalf.  The Judge released me the following evening after posting another bail. 
Needles to say I was very upset.  I explored my options.  I was told I could appeal the judges ruling.  Again to appeal a judges ruling is an extremely expensive alternative.  I could not afford a lawyer.  I filed a grievance with the Commission on Retirement, Removal and Discipline of Judges, as is any citizen’s right.  See the enclosed copies of the letters dated 10/08/03, and addressed in that regard.  When you read the letter you will see that I have stated my case and I enclosed copies of receipts from my wife substantiating her presences in Camden County on the morning in question.
That formed the motive for what became a conspiracy involving Judge Bennett, Judge Colyer, The Prosecuting Attorneys, Mr. W. Steven Rives & Mr. W. James Icenogle, and the two arresting police officers, Alex Little & Tim Taylor to convict me at whatever cost.
At my trail before a jury, the two arresting police officers lied under oath.  Alex Little lied in that he asserted that it was a 4” heal that required prior offer of removal.  This is in direct contradiction to the standard.  And if you have any knowledge of shoes, a 4” heel is just so unusual as to be unworthy of reference.  Nonetheless, the jury seeing the officer offer it as fact took it as fact.  A police officer that should have known is business, a police officer that would never lie, lied.  The jury was swayed.
I had made several motions prior to the trail trying to get the Standard utilized by the State of Missouri.  The prosecuting attorney had stated that the NHTSA standard was what was used, but they would not provide me a copy.  The prosecuting attorneys new what my defense revolved around.  Thus it is my assertion that the Prosecuting Attorneys either prepped the officer regarding the issue and told them how to lie or they condoned what they new to be an officer of the court committing perjury on the stand and they supported and thus suborned perjury.  
The second officer Tim Taylor lied in direct contradiction to his prior sworn statement on the police report.  Tim Taylor stated repeatedly that I had not blown for the 15 seconds he had referenced on his sworn police report.  A police officer that should have known is business, a police officer that would never lie, lied.  The jury was swayed.
Because the prosecuting attorneys had the police report and because I had made motions prior to the trial that the Breathalyzer test should be thrown out as a refusal because it was an invalid.  At trial I had the State of Missouri’s Health Department authority on the Breathalyzer give sworn testimony that a breathalyzer blow should take between 5 and 17 seconds, see the court record enclosed.  Again the prosecuting attorney knew of the police report.  Thus it is my assertion that the Prosecuting Attorneys either prepped the officer regarding the issue and told them how to lie or they condoned what they new to be an officer of the court committing perjury on the stand and they supported and thus suborned perjury.  And for whatever reason the police report was not entered into evidence, and in my naive defense I thought that it had been.   
Finally after the jury struggled with the verdict for nearly 6 hours, well into the night and rendered their verdict of guilty.  After the trial and prior to sentencing I brought all theses issue of supporting and suborning perjury by officers of the court, Judge Colyer, refused to use his judicial discretion to right this wrong.  And thus is complicit in the conspiracy.
Thus Judge Bennett is guilty for having first made the illegal judgment against me during the pretrial and then instigating my conviction by calling on friendship and cronyism to convict me.  The prosecuting attorneys are guilty for prepping for, supporting and suborning perjury.  The police officers are guilty of perjury, and finally Judge Coyler is guilty of looking the other way while this conspiracy is going on and doing nothing to stop it.
If you questions on any of these issue, you can contact the jury foreperson for cooperation.  There is a list of the jury’s names in the court file, I have a list of the jury’s names.
For your reference I am including here copies of the letters referenced above and electronic copy of the trial’s transcript (filename SD26269) and copies of all the pretrial motions and letters I generated in this regard on CD.  If there is anything more I can do for you in this regard, please let me know.  Please if you would investigate and keep me informed as to the status.  Time is of the essence.
Regards,

Replay to Dave@DGJeep.com

David G. Jeep
enclosure
cc: file