It is possible that my attorney will get to argue his motion today, but not likely. There is a murder case starting today, then my attorney has a case to argue which he said will take two or three days and then we will get to my case. I don't expect any action until next week. Of course, if the witnesses for the prosecution do not show up again today then we will request a dismissal of the charges due to witnesses not showing up...again.
I'll post an update when it is all said and done.
I go back to court on Monday for the same case that has been dragging on for 5 years. In light of that I have decided to re-read the transcript from the original district court trial and pick apart the basis for the warrant line by line.
A word of advice to ANYONE who ever makes the decision to take a case to trial at the district level...HIRE A COURT REPORTER!!
Court reporters are not provided at district level/bench trials so, if you don't hire one then there is no written record of what happened in court. I am so glad that I spent the extra money for the court reporter in this case. No one would ever believe me if I were telling this story without documentation.
Basic Questions of How the warrant was obtained:
How did a police officer come to question my then five-year-old daughter at school?
From the transcript:
Cross Examination of School Resource Officer Eric McCain by Defense Attorney Wilson Myers: Officer Eric McCain's testimony is in italics
15 CROSS EXAMINATION
16
17 BY MR. MYERS:
18 Q OFFICER MCCAIN, MY NAME IS WILSON MYERS. I
19 SPEAK ON BEHALF OF LORETTA NALL. WOULD YOU PLEASE TELL
20 ME THE BASIS OF THIS SEARCH WARRANT THAT YOU ASKED THE
21 COURT TO SIGN?
22 A THE SEARCH WARRANT WAS BASED ON MS. NALL'S
23 DAUGHTER.
0008
1 Q AND BY DAUGHTER, DO YOU MEAN HER
2 FIVE-YEAR-OLD DAUGHTER AT THE TIME?
3 A THAT'S CORRECT.
4 Q AND DO YOU RECALL HER NAME?
5 A BELLE.
6 Q BELLE. AND WHEN DID YOU SPEAK TO BELLE?
7 A I HAVE TO LOOK.
8 Q NOW, I'M SORRY, IT APPEARS YOU'RE REFERRING
9 TO SOME NOTES. WHAT KIND OF NOTES ARE YOU REFERRING TO
10 AT THIS TIME?
11 A THESE ARE THE NOTES THAT MS. NALL WROTE TO
12 THE SCHOOL -- (What is a cop doing with notes I wrote to the school?)
13 Q ALL RIGHT.
14 A -- IN REFERENCE TO HER CHILD.
15 Q OKAY. AND THAT WAS WHEN YOU SPOKE TO THE
16 CHILD?
17 A NO.
18 Q OKAY. WHEN DID YOU SPEAK TO THE CHILD?
19 A THAT'S WHAT I WAS LOOKING FOR.
20 Q ALL RIGHT.
21 A ON 11/13/02.
22 Q PLEASE TELL ME THE CIRCUMSTANCES OF THAT
23 CONVERSATION. WHERE WAS IT?
0009
1 A IT WAS AT HORSESHOE BEND SCHOOL.
2 Q AND WHAT TIME OF DAY WAS IT?
3 A I'M NOT CERTAIN ON THE TIME OF DAY.
4 Q WOULD YOU PLEASE TELL THE COURT WHAT HAPPENED
5 AT THAT TIME DURING THAT CONVERSATION?
6 A MRS. NALL'S DAUGHTER HAD TOLD ME THAT THERE
7 WAS SOME LEAVES THAT SHE COULDN'T BRING TO SCHOOL
8 BECAUSE HER MOM HAD SAID THAT THEY WERE ILLEGAL.
9 Q ALL RIGHT. SO SHE USED THE WORD ILLEGAL?
10 A YES.
11 Q AND THIS IS A FIVE-YEAR-OLD GIRL?
12 A YES.
13 Q AND HOW WAS IT THAT YOU HAPPENED TO COME TO
14 THE SCHOOL TO SPEAK WITH HER?
15 A I WENT AND CHECKED ON ALL THE KIDS AT THE 16 SCHOOL.17 Q IN WHAT CAPACITY, PLEASE, SIR?
18 A ANY KIND OF PROBLEMS. THEY WERE FREE TO COME
19 TO ME AT ANY TIME IF THEY WERE HAVING A PROBLEM.
20 Q OKAY. SO YOUR TESTIMONY IS THAT BELLE CAME
21 TO YOU ABOUT THIS?
22 A NO, I WENT TO HER.
23 Q YOU WENT TO HER?
0010
1 A YES.
2 Q AND WHAT CAUSED YOU TO GO TO HER?
3 A HER TEACHER HAD CAME TO ME.
4 Q AND WHAT WAS HER TEACHER'S NAME?
5 A MS. SHAW.
6 Q AND HOW LONG BEFORE YOU SPOKE TO BELLE DID
7 MS. SHAW SPEAK TO YOU?
8 A ARE YOU TALKING ABOUT A TIME LIMIT?
9 Q APPROXIMATELY AN HOUR, TWO HOURS, TWO DAYS,
10 FOUR DAYS, HOW LONG?
11 A WITHIN, SAY, THIRTY MINUTES.
12 Q SO MS. SHAW CAME TO YOU, AND THEN THIRTY
13 MINUTES LATER YOU SPOKE WITH BELLE?
14 A YES.
15 Q AND DID YOU SPEAK TO BELLE IN HER CLASSROOM
16 OR IN THE PRINCIPAL'S OFFICE? WHERE DID YOU SPEAK TO
17 HER AT?
18 A MORE IN THE HALLWAY.
19 Q WERE THERE OTHER PEOPLE AROUND?
20 A NO, NOT THAT I KNOW.
21 Q DID YOU TELL BELLE WHY YOU WANTED TO TALK TO
22 HER?
23 A I CAN'T REMEMBER IF I TOLD HER WHY I WANTED
0011
1 TO TALK TO HER.
2 Q WERE HER PARENTS PRESENT WHEN YOU WERE
3 TALKING TO HER?
4 A NO, THEY WEREN'T.
5 Q WAS THERE ANY OTHER ADULT PRESENT WHEN YOU
6 WERE TALKING TO HER?
7 A MS. SHAW.
8 Q SO MS. SHAW WAS STANDING THERE WITH YOU AS
9 YOU WERE TALKING TO BELLE; IS THAT RIGHT?
10 A YES.
11 Q DID MS. SHAW PARTICIPATE IN THE CONVERSATION?
12 A NO.
13 Q SO WHILE MS. SHAW WAS STANDING THERE, IF
14 BELLE SAID, I DON'T KNOW WHAT YOU'RE TALKING ABOUT, MS.
15 SHAW WOULD SAY, YES, YOU DO, BELLE; REMEMBER WHAT YOU
16 TOLD ME?
17 A NO. I DON'T REMEMBER HER SAYING ANYTHING.
18 Q THIS WAS OUTSIDE IN THE HALLWAY?
19 A IT WAS.
20 Q AND IT WAS RIGHT OUTSIDE THE CLASSROOM?
21 A YES.
22 Q AND MS. SHAW BROUGHT BELLE OUT TO YOU; IS
23 THAT RIGHT?
0012
1 A I DON'T RECALL IF SHE WENT IN AND GOT HER, OR
2 IF I WENT IN AND TALKED WITH HER, -OR TOLD HER TO COME
3 OUTSIDE, AWAY FROM EVERYBODY ELSE. I DON'T REMEMBER AT
4 THE TIME. I JUST REMEMBER THE CONVERSATION OUTSIDE.
5 Q SO IT'S YOUR TESTIMONY, THEN, THAT YOUR
6 CONVERSATION WITH BELLE, NOT WITH THE TEACHER, WAS THE
7 BASIS OF THE SEARCH WARRANT?
8 A BOTH.
9 Q BOTH. OKAY. SO YOU DID TALK TO THE TEACHER
10 AS WELL?
11 A I DID.
12 Q AND THE SEARCH WARRANT, I BELIEVE, SAYS THAT
13 BASED ON A CONVERSATION YOU HAD WITH MS. SHAW, YOU
14 BELIEVE THAT THERE WERE MARIJUANA PLANTS AT BELLE'S
15 MOTHER'S HOUSE; IS THAT RIGHT?
16 A I TALKED WITH HER. AND IT WAS BASED ON THAT
17 ALSO.
18 BY MR. MYERS: YOUR HONOR, MAY I SEE THE
19 SEARCH WARRANT, PLEASE, SIR?
20 Q (BY MR. MYERS:) NOW, YOU SAY IN THE SEARCH
21 WARRANT, IN THE SWORN AFFIDAVIT THAT YOU SIGNED -- THAT
22 IS YOUR SIGNATURE, ISN'T IT?
23 A YES.
0013
1 Q THAT'S THE 13TH DAY OF NOVEMBER, ISN'T IT?
2 A YES.
3 Q THERE WAS A CLASS PROJECT THAT DAY AT THE
4 SCHOOL THAT INVOLVED BRINGING LEAVES FROM TYPES OF
5 TREES AND PLANTS; ISN'T THAT TRUE?
6 A YES.
7 Q NOW, I SEE YOU'RE REFERRING TO THE SEARCH
8 WARRANT. DO YOU HAVE ANY INDEPENDENT RECOLLECTION OF
9 THIS EVENT EXCEPT BY REFERRING TO YOUR NOTES?
10 A NO.
11 Q AND THE SEARCH WARRANT SAYS THE STUDENT TOLD
12 HER TEACHER THAT SHE HAD SOME LEAVES FROM SOME PLANTS
13 SHE WANTED TO BRING, BUT HER MOTHER TOLD HER THAT THEY
14 WERE ILLEGAL, AND SHE COULDN'T BRING THEM TO SCHOOL;
15 ISN'T THAT WHAT YOU SWORE TO?
16 A YES.
17 Q AND THEN YOU WENT ON TO DESCRIBE WHERE THE
18 STUDENT LIVES AND WHO THE STUDENT IS AND THE FACT THAT
19 THE STUDENT DESCRIBED THE LEAVES AS BRIGHT GREEN. SHE
20 STATED THAT HER MOTHER HAD TOLD HER THE PLANTS WERE
21 ILLEGAL. NOW, ALL OF THIS IS AS A RESULT OF THE
22 STUDENT TOLD HER TEACHER; ISN'T THAT TRUE?
23 A YES.
So, the interrogation of my child was brought about by Bell going up to the cop and just telling him a bunch of made up stuff.....No....wait...Bell went to the teacher....no wait the teacher went to the cop with secondhand information based on what Bell suppossedly said during a make-believe leaf project that the cop has no independent recollection of without referring to his notes. Uh huh.
The Use of the LTE as a basis for the warrant:
10 Q THE OTHER BASIS OF YOUR SEARCH WARRANT -- THE
11 GROUNDS FOR THE SEARCH WARRANT WAS AN ARTICLE WRITTEN
12 BY MS. NALL TO A NEWSPAPER; ISN'T THAT RIGHT?
13 A REPEAT YOUR QUESTION, PLEASE, SIR.
14 Q THE SECOND GROUND THAT YOU USED TO GET THE
15 SEARCH WARRANT WAS AN ARTICLE WRITTEN IN A NEWSPAPER BY
16 MS. NALL; ISN'T THAT TRUE?
17 A THERE WAS AN ARTICLE THAT WAS WRITTEN BY
18 LORETTA NALL.
19 Q ALL RIGHT. NOW, YOU RECALL, I THINK, HAVING
20 A CONVERSATION WITH ME BEFORE COURT STARTED, DON'T YOU?
21 A YES.
22 Q AND I ASKED YOU ABOUT THAT, DIDN'T I?
23 A YES.
0021
1 Q AND YOU SAID THAT THE ARTICLE WAS WRITTEN
2 AFTER YOU GOT THE SEARCH WARRANT; ISN'T THAT TRUE?
3 A I THINK IT WAS.
4 Q ALL RIGHT. SO THE ARTICLE THAT YOU'RE
5 REFERRING TO IN THIS HEARING MUST HAVE BEEN SOMETHING
6 WRITTEN BEFORE THIS INCIDENT; IS THAT RIGHT?
7 A MS. NALL HAS WRITTEN SEVERAL ARTICLES, TO MY
8 KNOWLEDGE.
9 Q ALL RIGHT. WHICH SPECIFIC ARTICLE WERE YOU
10 REFERRING TO WHEN YOU SWORE OUT THE AFFIDAVIT -- THAT
11 YOU BASED THE AFFIDAVIT ON?
12 A I CAN'T REMEMBER RIGHT NOW. THERE ARE SO
13 MANY.
14 Q ALL RIGHT. WELL, YOU SAID ON HERE: PLEASE
15 SEE ATTACHED EXHIBIT A.
16 A YES.
17 Q OKAY. SO WAS IT AN ARTICLE THAT WAS WRITTEN
18 BY MS. NALL THAT YOU ATTACHED TO THE SEARCH WARRANT?
19 A I DON'T HAVE IT IN MY NOTES.
20 Q ALL RIGHT. NOW, THE REASON I'M CONFUSED
21 ABOUT THIS IS --
22 BY MR. LEWIS: OBJECTION TO HIM BEING
23 CONFUSED.
0022
1 BY MR. MYERS: YOUR HONOR, I THINK IT'S
2 PRETTY OBVIOUS I CAN BE CONFUSED.
3 THE COURT: I HAVEN'T HEARD THE WHOLE
4 QUESTION YET.
5 Q (BY MR. MYERS:) THANK YOU, YOUR HONOR.
6 IN THE SEARCH WARRANT, WHICH WAS SIGNED AND SWORN
7 TO ON THE 13TH DAY OF NOVEMBER, IT LOOKS LIKE AT
8 TWELVE-THIRTY P.M. -- THAT'S THE DAY YOU SIGNED THIS,
9 RIGHT?
10 A THAT WAS THE DAY THAT IT WAS SIGNED BY THE
11 JUDGE.
12 Q ALL RIGHT. BUT YOU TESTIFIED, I THINK, THAT
13 THIS CONVERSATION WITH BELLE OCCURRED ON THE 13TH OF
14 NOVEMBER, DIDN'T YOU, THE SAME DAY THE SEARCH WARRANT
15 AND AFFIDAVIT WERE PREPARED?
16 A YES.
17 Q AND I THINK YOU SAID THAT WAS LATE IN THE
18 MORNING WHEN YOU AND BELLE HAD THE CONVERSATION?
19 BY MR. LEWIS: OBJECTION. I BELIEVE HE
20 TESTIFIED HE WASN'T SURE WHEN IT WAS.
21 THE COURT: IF HE KNOWS, HE CAN ANSWER.
22 THE WITNESS: IT WAS SOMETIME BETWEEN SCHOOL
23 AND, SAY, LUNCH.
0023
1 Q (BY MR. MYERS:) SO SOMETIME BETWEEN EIGHT
2 AND TWELVE?
3 A YES.
4 Q BUT IN YOUR AFFIDAVIT FOR THE SEARCH WARRANT,
5 WHICH WAS ISSUED AT TWELVE-THIRTY P.M. ON THE SAME DAY
6 ALL THIS HAPPENED, YOU STATED UPON FURTHER
7 INVESTIGATION IT WAS BROUGHT TO MY ATTENTION. WHO
8 BROUGHT THAT TO YOUR ATTENTION; DO YOU RECALL?
9 A I DON'T RECALL.
10 Q OKAY. AND, AGAIN, YOU DON'T HAVE A COPY OF
11 EXHIBIT A WITH YOU, DO YOU?
12 A I DIDN'T SEE IT IN HERE.
13 BY MR. LEWIS: YOUR HONOR, IT WOULD BE PART
14 OF THE COURT RECORD. IT SHOULD BE IN THE FILE.
15 NUMEROUS ATTORNEYS HAVE TRAIPSED THROUGH HERE AND HAVE
16 TAKEN IT WITH THEM.
17 BY MR. MYERS: AND I APPRECIATE THE NUMBER OF
18 ATTORNEYS THAT HAVE HANDLED THIS CASE BEFORE ME. I CAN
19 ASSURE THE COURT I HAVEN'T TAKEN THEM.
20 THE COURT: MR. MYERS, IF YOU WANT TO LOOK
21 FOR SOMETHING, I'LL --
22 BY MR. MYERS: I'VE LOOKED AT IT, JUDGE. I
23 CAN'T FIND IT.
0024
1 THE COURT: I MEAN, I DIDN'T SEE IT IN THERE.
2 THAT'S THE REASON I'M ASKING.
3 Q (BY MR. MYERS:) YES, SIR.
4 BUT, IN FACT, YOUR SEARCH WARRANT DID CONTAIN
5 EXHIBIT A, DIDN'T IT?
6 A IF IT WAS IN THE SEARCH WARRANT.
7 Q I MEAN, YOU SWORE TO IT?
8 A SURE.
9 Q SO IT HAD TO BE HERE. MAYBE ONE OF THOSE
10 OTHER ATTORNEYS THAT'S TRAIPSED THROUGH THE FILE MAY
11 HAVE DONE SOMETHING WITH IT.
12 A SURE.
13 Q ALL RIGHT. SO AN ARTICLE WRITTEN IN A
14 NEWSPAPER THAT SOMEBODY ELSE TOLD YOU ABOUT WAS THE
15 BASIS OF THE SEARCH WARRANT?
16 A IT WENT ALONG WITH THE OTHER THAT I HAD.
17 Q ALL RIGHT. HAD YOU BEEN COLLECTING
18 INFORMATION ON MS. NALL BEFORE THIS DATE?
19 A NO.
20 Q HAD ANYBODY IN YOUR DEPARTMENT, THAT YOU KNOW
21 OF, BEEN COLLECTING INFORMATION ON MS. NALL?
22 A NOT THAT I KNOW OF.
23 Q WERE YOU AWARE AT THIS TIME THAT MS. NALL WAS
0025
1 AN ADVOCATE OF THE LEGALIZATION OF MARIJUANA?
2 A NO, I DIDN'T.
3 Q YOU DID NOT?
4 A I DID NOT.
5 Q OKAY. SO ON THIS DATE, YOU DIDN'T HAVE ANY
6 KNOWLEDGE ABOUT HER ADVOCACY OR PUBLIC STATUTE -- OR
7 PUBLIC POSITION ON MARIJUANA?
8 A I HAD NO IDEA.
So, the second basis for the warrant is this letter, which the cop tried to claim only became known to him AFTER he got the warrant. Well then how could he have used it IN THE FUCKING WARRANT if he didn't know about it until after? His testimony was nothing short or PERJURY. I saw the original affidavit, which listed the letter as the first probable cause, the 'confidential complaints' as the second probable cause and the results of interrogating my daughter as the third probable cause. Our side was NEVER given a copy of that affidavit and I only got to see it when my then attorney took it from Damon Lewis's folder when Damon was in the judges chambers. The copy machine at the court house was broken that day, so we were not able to make a copy of it. Nine months later when I began acting as my own counsel I was given a copy of an affidavit that was nothing like the one I saw in court. It had my daughter listed first, the letter second and the 'confidential complaints' listed last.
So, the cop lied about when he knew about the letter to the editor, conveniently doesn't recall who brought the letter to his attention, the letter is super conveniently missing from the prosecutions evidence exhibit and my former attorneys get blamed for the failure of the prosecution to keep up with evidence. Hey...sounds good enough for a warrant to me.
The "Confidential Informant" and Narcotics Complaints claim
9 Q THE THIRD BASIS OF YOUR SEARCH WARRANT IS
10 THAT YOU HAD RECEIVED, AS IT SAYS HERE, CONFIDENTIAL
11 COMPLAINTS REGARDING NARCOTICS. DO YOU HAVE A LIST OF
12 THOSE CONFIDENTIAL COMPLAINTS THAT WERE MADE THE BASIS
13 OF THE SEARCH WARRANT?
14 BY MR. LEWIS: JUDGE, WE WOULD OBJECT TO
15 ANYTHING BASED ON CONFIDENTIAL INFORMATION.
16 BY MR. MYERS: YOUR HONOR, I WAS SIMPLY GOING
17 TO ASK THAT THE OFFICER PRODUCE THE LIST FOR THE
18 COURT'S IN-CAMERA REVIEW --
19 BY MR. LEWIS: NO, SIR, WE OBJECT.
20 BY MR. MYERS: -- FOR A RELIABILITY
21 DETERMINATION.
22 THE COURT: ANYBODY GOT A COPY OF THE SEARCH
23 WARRANT? MR. MYERS HAS MINE.
0026
1 BY MR. MYERS: OH, I'M SORRY, JUDGE.
2 THE COURT: I MEAN, THAT'S FINE. I MEAN,
3 YOU'RE USING IT.
4 MR. MYERS: I'VE GOT A COPY.
5 THE COURT: ASK YOUR QUESTION AGAIN, MR.
6 MYERS.
7 Q (BY MR. MYERS:) YES, SIR.
8 YOU STATED UNDER OATH THAT YOU HAD RECEIVED
9 NUMEROUS CONFIDENTIAL COMPLAINTS CONCERNING NARCOTICS
10 AT THE NALL RESIDENCE. YOU SWORE TO THAT, DIDN'T YOU?
11 A I HAD RECEIVED COMPLAINTS FROM CONCERNED
12 CITIZENS.
13 Q SO THEY WEREN'T CONSIDERED TO BE CONFIDENTIAL
14 COMPLAINTS?
15 A THEY WERE.
16 Q ALL RIGHT.
17 A THEY WERE CONFIDENTIAL.
18 Q DO YOU HAVE A LIST OF THOSE COMPLAINTS THAT
19 WERE MADE?
20 A I DO NOT.
21 BY MR. LEWIS: WE OBJECT TO HIM PRODUCING HIS
22 LIST OF CONFIDENTIAL INFORMANTS.
23 THE COURT: I'M GOING TO ALLOW HIM TO ANSWER
0027
1 THE QUESTION. YOU CAN ANSWER THAT QUESTION.
2 BY MR. MYERS: THANK YOU.
3 THE COURT: DO YOU HAVE A LIST?
4 THE WITNESS: NO, I DO NOT.
5 Q (BY MR. MYERS:) SO IF THE COURT WANTED YOU
6 TO PRODUCE SUCH A LIST, YOU DIDN'T HAVE IT, DID YOU?
7 A NO.
8 Q AND IT WAS THESE THREE GROUNDS THAT YOU BASED
9 YOUR AFFIDAVIT ON: ONE WAS A STATEMENT BY A
10 FIVE-YEAR-OLD, RIGHT?
11 A CORRECT.
12 Q AND, OF COURSE, HER TEACHER, SHE ALSO TOLD
13 YOU --
14 A CORRECT.
15 Q -- WHAT THE FIVE-YEAR-OLD SAID, A NEWSPAPER
16 ARTICLE THAT WAS WRITTEN ADVOCATING THE LEGALIZATION OF
17 MARIJUANA?
18 A YES.
19 Q ALL RIGHT. ALTHOUGH YOU DON'T REMEMBER THAT
20 SPECIFICALLY, DO YOU?
21 A I DON'T REMEMBER IT.
22 Q ALL RIGHT. AND THE THIRD THING WAS A LIST OF
23 CONFIDENTIAL COMPLAINTS THAT YOU DON'T RECALL WHO THOSE
0028
1 WERE OR WHAT THOSE WERE ABOUT?
2 BY MR. LEWIS: THAT'S NOT WHAT HE SAID. HE
3 DIDN'T SAY HE DIDN'T RECALL WHO THOSE WERE. THAT'S A
4 MISSTATEMENT OF FACTS.
5 THE COURT: REPHRASE.
6 Q (BY MR. MYERS:) AND CONFIDENTIAL COMPLAINTS
7 BY CITIZENS ABOUT NARCOTIC USAGE IN THE HOUSE; IS THAT
8 CORRECT?
9 A YES.
10 BY MR. MYERS: THAT'S ALL OF THIS WITNESS.
So, the cop is lying again. Remember during testimony about the letter to the editor Eric McCain testified:
Q ALL RIGHT. HAD YOU BEEN COLLECTING
18 INFORMATION ON MS. NALL BEFORE THIS DATE?
19 A NO.
20 Q HAD ANYBODY IN YOUR DEPARTMENT, THAT YOU KNOW
21 OF, BEEN COLLECTING INFORMATION ON MS. NALL?
22 A NOT THAT I KNOW OF.
So, if no one, including Eric McCain, had been collecting information on me prior to that date, then how could there have been confidential complaints from concerned citizens about possible 'narcotics use' in my home?
Lies. Damn Lies...Every word out of their mouths is a lie.
The judge in this particular trial ruled against me, as you all know. I got him censured, so, I guess I won that particular battle in the end. You can read the the complaint I filed here
page 2 of complaint
Read Judge Taylor's Comments to the Media
Read the letter from the Judicial Inquiry Commission about their decision.
2 comments:
Who's running the court system there? Polpot?
This is absolutely ridiculous.
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