Missouri Attorney General's Office - Report of a Crime - Cause No. CR203-1336M - SD26269

Tuesday, April 24, 2007

Missouri Attorney General's Office

Supreme Court Building

207 W. High St.

P.O. Box 899

Jefferson City, MO 65102

Phone: 573-751-3321

Fax: 573-751-0774

Re:  Report of a Crime

        Cause No. CR203-1336M - SD26269

       

Dear People,

My attorney and now the Missouri State Highway Patrol tell me you are the ones that have the responsibility to investigate this type of crime.  There is very little investigation required.  You need only verify the documentation, I am enclosing.  Please consider this a sworn complaint based on the following.

I want to report a crime.  For law enforcement professionals such as yourself this is an unsavory one.  The perpetrators involved in the crime are law enforcement “professionals” and Officer’s of the court.  The crimes False Arrest, Malicious Prosecution, Perjury, Suborning Perjury, Criminal Conspiracy and Professional Malfeasants.  The state’s prosecutors and their witnesses have fabricated evidence out of false testimony and disgraced their office and their uniforms by breaking the law.

False Arrest, the arresting officer, Mr. Little, did not give me the opportunity as prescribed by the NHSTA standard[1] to remove my 2 ½” heeled cowboy boots[2].  That the made the results of the test unreliable and the resulting arrest, false.  Now if the police department had caught and admitted their error right off, this would not have been an issue. 

Mr. Taylor the officer that administered the breathalyzer test and contrived the refusal perjured himself by denying his prior sworn testimony that I had blown for 15 seconds on the certified arrest report[3].  This after I had a witness from the Missouri State Health Department, the authority over the breathalyzer test confirm under oath[4], that a 20 second continuous blow should not have been necessary.

They never admitted their mistakes, this in spite of being at pretrial motions[5] that highlighted this as an issue.  They chose instead to cover up and deny the issue with perjured testimony on the day of the trial.  You cannot give people badges and let them make arrests if they do not know how to make arrests and or not willing to admit when they have made a False Arrest. 

Malicious Prosecution, if the prosecutor had done his due diligence and confirmed the evidence and the testimony prior to trial, even a cursory review of the facts and the pretrial motions would have brought the credibility of the issue to light.  They either did not due any credible investigation to determine the validity of the issue or they were just lazy, either way, I see it as Malicious Prosecution.

Perjury, given that the police officers had prior knowledge of the issues via their unusual attendance at the pretrial motions and their continued denial of the facts through their false testimony ignorance is no excuse.  But even if they do want to claim ignorance at the time of the arrest, ok somebody made a mistake.  Informed ignorance 8 months later on the stand is no excuse.  They committed Perjury.

Suborning Perjury is the presentation of evidence known to be false through another party.  The Prosecuting attorney should have known that the issue of the 2 ½” heel was credible and he should not have allowed the police officers to commit perjury.  He let them commit perjury on the stand under oath in support of their otherwise unsupportable case.  They Suborned Perjury.

Criminal Conspiracy, in that both the police and the prosecutors had knowledge or should have had knowledge of the criminal actions of the other, they conspired to cover it up.  They committed a Criminal Conspiracy.

Professional Malfeasants, no one received any bribes and I am not claiming that they did.  But monetary benefit is not the only benefit to be had in this situation.  In that neither the police nor the prosecutor did their respective duties, they were just lazy at best.  They benefited from being lazy and disregarding their professional duties and there was Professional Malfeasants.

Time is of the essence, if there is anything further, I can do for you in this regard, please let me know.

                                                                                                                                      

Thank you in advance.

Replay to Dave@DGJeep.com

David G. Jeep

enclosure

            Copy of letter dated 4/24/07 to James F. Keathley, MSHP

Copy of letter dated 4/9/07 to MSHP

Copy of letter dated 3/7/07 t o the MSHP

           

cc:    Richard Edwards, Edwards Schramm Young and Beilenson L.L.P.

         Michael Young, Edwards Schramm Young and Beilenson L.L.P.

         St. Louis Post Dispatch, Editorial Department

         file

---

[1] See copies of the NHTSA Standard as attached to the copy of the 3/7/07 letter to the MSHP

[2] See copies of the of the arrest report dated 5/17/03 and as attached to the copy of the 3/7/07 letter to the MSHP

[3] See copies of the of the certified arrest report dated 5/18/03 and as attached to the copy of the 3/7/07 letter to the MSHP

[4] See a certified copy of the trial transcript

[5] See copies of the of the pretrial motions dated 9/30/03 as attached to the  as attached to the copy of the 3/7/07 letter to the MSHP

Missouri State Highway Patrol, Re: Report of a crime and a request for an investigation

January 20, 2005

Missouri State Highway Patrol
General Headquarters
1510 E. Elm Street
Jefferson City, MO 65102

(573) 751-3313

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,



David G. Jeep
enclosure
cc: file