***
Hi, Mr. Avery.
A link to your transcript is attached. Please let me know if you need anything else.
Thank you.
***
***
Hello Ingrid,
I've read the transcript from my trial several times.
And I'm not happy at all with what I'm reading (not reading) within this transcript about my trial.
I was hoping we could, before my upcoming Code Compliance Hearing June 13, review this transcript together.
There are several concerns/issues I'm having about the way this trial happened.
And hoping, that by reviewing this transcript page by page together, maybe I won't be so:
"when it comes to assisting in the development of his case, he is -- --his speech pattern is rambling, it's tangential. He is unable to focus on these issues without going into multiple unrelated issues or multiple periphery issues.
But then we have this section:
"I would tend to agree. There has been no -- -- The citations that are issued don't appear to relate in any way to the content of the speech contained in the signs. and you would have to be making an argument that the particular restriction, limiting it to no more than 24 square feet, is essentially a denial of the first amendment right to free speech. That's a constitutional issue that would need to have been raised and it wasn't. So I would understand that issue's not before the court."
So Ingrid, why was my first amendment right to free speech not an issue before the court?
tan·gen·tial
tanˈjen(t)SHəl
adjective
relating to or along a tangent."a tangential line"
diverging from a previous course or line; erratic."tangential thoughts"
hardly touching a matter; peripheral."the reforms were tangential to efforts to maintain a basic standard of life"
Also I've sent two emails to Public Defender Claudia Saari with questions about an email she sent to my public defender Whitney Gibbs in which she mentions "THE TRIAL" having excellent issue to appeal..? Why Is she not replying back to me?
Maybe she could join us discussing this trial more in depth?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V.M.
***
Of course we can meet. Are you available in Tuesday, June 6 at 2 pm?
Sincerely
Ingrid McGaughey
Get Outlook for iOS
***
***
Despite its outcome, Mr. Roof’s trial went largely as he wished. The Justice Department had rejected his offer to plead guilty to 33 counts in exchange for a life sentence. He did not see much difference between a life term and execution. But it was imperative, he told his lawyers and psychiatric examiners, that his trial not distort or dilute his purpose for gunning down nine parishioners
at
Emanuel African Methodist Episcopal Church.
https://www.nytimes.com/2017/05/31/us/church-shooting-roof-charleston-hate-crime-.html?action=click&contentCollection=Asia%20Pacific&module=Trending&version=Full®ion=Marginalia&pgtype=article&_r=0
"INJUSTICE ANYWHERE IS A THREAT
TO
JUSTICE EVERYWHERE"
SIMPLY~g(Martin Luther King, Jr.)d~JIM
***
Hello Ingrid,
This coming Tuesday would be great!
Oh please, oh please, oh please tell me...CLAUDIA...will be joining us?! It's the least she can do since complimenting Whitney on the wonderful (?) job she did representing a very challenging (?) client..? I'm even willing to pony up another...WHOLE FIFTY BUCKS... just to hear this!
Anyway!
Since it's my understanding the deadline to appeal has passed...
Since we will be talking about...MY TRIAL.. past tense...
Since I'm the one having ended up with the $10,000.00 fine in addition to it being my 1st amendment right to freedom of speech/expression having been placed on 60 months probation...
I was hoping we could forgo this attorney-client privilege crap this time around? It just doesn't make sense that...I'M... the one not allowed making that call!
Just keep your advise to me...LEGAL...and there should be no problems? FOR YOU AT LEAST ANYWAY!
Beside I'm not really planning on asking for advise at this meeting. Just clarification.
One more request!
Subject: | Transcript of "THE TRIAL" for "DEFENDANT 1840 MASON MILL ROAD" |
From: | James Avery (jeaverydvm87@att.net) |
To: | mary mcmahan |
Cc: | wgibbs@dekalbcountyga.gov; memaloney@dekalbcountyga.gov; IJMCGAUG@DEKALBCOUNTYGA.GOV; cssaari@dekalbcountyga.gov; lstadalius@dekalbcountyga.gov; |
Date: | Friday, March 3, 2017 6:25 PM |
Hello Mary,
This is James E. Avery, the defendant 1840 Mason Mill Road.
I will have a $300.00 check in the mail for you tomorrow afternoon. As far as the "style of the case" you were asking about, you will have to ask my public defender Whitney Gibbs, I'm guessing, as I do not understand this question..?
But I do have one question for you, Mary, before you get started on this transcript:
As I was prosecuted for only eleven of the twenty-nine citations total I had received by the time of "THE TRIAL," all eleven of them being the same code violation, how much would a copy of this transcript cost me if I were to ask for copies of everything minus nine of these citations; one of the ten guilty verdicts as they were all the same plus the one my public defender "succeeded" in getting thrown out because of Officer Armstrong, the one having written up this citation, not being present?
Sincerely yours,
James E. Avery, D.V.M.
P.S.
"Yet for all this, his anger is not turned away, his hand is still upraised; "THE FINGER SALUTE!" You have just set a watchman."
I hope you got my finger salute, as I was being escorted off to jail, into this transcript? That was the only...JUST... part of this whole... "THE TRIAL!"
Subject: | Re: Transcript of "THE TRIAL" for "DEFENDANT 1840 MASON MILL ROAD" |
From: | Mary K McMahan |
To: | jeaverydvm87@att.net; |
Cc: | wgibbs@dekalbcountyga.gov; memaloney@dekalbcountyga.gov; IJMCGAUG@dekalbcountyga.gov; cssaari@dekalbcountyga.gov; lstadalius@dekalbcountyga.gov; |
Date: | Monday, March 6, 2017 8:29 AM |
Good morning, Mr. Avery.
In response to your question above, I don't pull out pieces of transcripts. I just type the entire hearing.
If you still want the transcript, just let me know if or when you mail the check. Once I rececive payment, I have a couple of transcripts ahead of yours so I'll let you know when it's completed.
Thank you.
Subject: | Re: Transcript of "THE TRIAL" for "DEFENDANT 1840 MASON MILL ROAD" |
From: | James Avery (jeaverydvm87@att.net) |
To: | maryk213@gmail.com; |
Cc: | wgibbs@dekalbcountyga.gov; memaloney@dekalbcountyga.gov; IJMCGAUG@DEKALBCOUNTYGA.GOV; cssaari@dekalbcountyga.gov; lstadalius@dekalbcountyga.gov; |
Date: | Tuesday, March 7, 2017 1:14 AM |
Hello Mary,
This is all turning out to be a huge waste of time and money; but suppose I'd rather just run out of money sooner than live a long life a mindless conforming zombie.
Will wait to hear from you when the transcript is ready.
Thank you anyway,
Not Defined, Undefined, Unidentified ~(8!0)~James E. Avery, D.V.M.
As there was just way too much missing from this transcript, could we have a case reporter present at this meeting as well as future code compliance hearings? Same one preferably? Only this time, the case reporter will be instructed to have anything..."indiscernible"...repeated until no longer..."indiscernible"; rambling and /or tangential!
Subject: | Re: Transcript of "THE TRIAL" for "DEFENDANT 1840 MASON MILL ROAD" |
From: | Mary K McMahan |
To: | jeaverydvm87@att.net; |
Cc: | wgibbs@dekalbcountyga.gov; IJMCGAUG@dekalbcountyga.gov; |
Date: | Thursday, March 30, 2017 3:42 PM |
Good afternoon, Mr. Avery.
I am just about finished with your transcript. There will be a balance due of $113.50. I have attached an invoice. I will send you a copy of the transcript when payment is received, so please let me know when you have mailed it.
Thank you.
Mary K McMahan
After all, I was the one...WHO REQUESTED...as well as having paid...$413.50...for her being there!
STATE COURT OF DEKALB COUNTY
Clerk's Office
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson
Clerk
Terri Kellman
Chief Deputy
May 11, 2017
Via Mail
James Avery
1840 Mason M ill Rd.
Decatur, GA 30033
Re: Your Open Record Request: James Avery, Citation number: 026695, 027588, 026200 & 027591
Dear Mr. Avery,
Your request was received on May 9, 2017
With respect to the request being made pursuant to the Georgia Open Records Act, please note that the Georgia Attorney General's Office has opined that "courts and other agencies ofthe judicial branch have a history of self-regulation." Op. Att'y-Gen 79-25. That opinion cited the court's decision in Sams v Olah, 225 Ga. 497, cert den., 397 U.S 914 (1969) for the proposition that "the regulation of the judicial branch of government belongs inherently to the judicial branch itself." In Fathers Are Parents Too v. Hunstein, 202 Ga App. 716, 717(1992), the court discussed the Open Meetings Act (0. C.G.A § 50-14-1 et seq.) and stated that "because current Act ... does 110t specifically reference the judicial branch, nor otherwise apply to the judiciary in clear and unmistakable terms, we conclude that the Legislature did 110t intend for the Act to apply to the judicial branch of government." Similarly, the Open Records Act does not name or specifically reference the judicial branch. See O. C. G.A.§ 50-18-70 et seq.
Subject to the foregoing, pursuant to the Uniform Superior Court Rule 21, the Court's records are available for inspection and copying during normal business hours at a reasonable cost. The court has the following documents on file:
Transcript (98 pages)
Audio recording (January 3, 2017 session)
In regards to an audio recording, these cases did were not schedule for hearings on: 02/19/2013, 11/27/2013 and 01/20/2017. Unfortunately, an audio recording was not available for the following sessions: 07/12/2016,08/09/2016,0]/31/2017,02/28/2017 & 04/18/2017.
Please note that in accordance with legislation applicable to the Court, the total estimated cost to search, retrieve and copy the requested documents is $58.99. The fee for copies is 98 copies at $.50 per page, or $49.00. The fee for an audio recording is $9.99. Please submit a certified check or money order for $58.99 to the "State Court -Traffic Division" as payment. Upon receipt of payment, the requested documents will be provided to you or your designee.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
Otherwise, there would have been no transcript either.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V. M.
P.S.
Don't worry. Although I shouldn't be wasting the limited amount of cash reserve I have left, I'll pay for it!
***
LAW OFFICE
OF
PUBLIC DEFENDER DEKALB COUNTY
“When George Zimmerman was acquitted, white nationalists in the U.S. considered that to be a win for them,” says Stephen Piggott, who tracks white supremacist groups for the Southern Poverty Law Center. "The Council of Conservative Citizens' website blew up. More people were going to the site, and Dylann Roof was one of those people."
http://time.com/3930993/dylann-roof-council-of-conservative-citizens-charleston/Despite its outcome, Mr. Roof’s trial went largely as he wished. The Justice Department had rejected his offer to plead guilty to 33 counts in exchange for a life sentence. He did not see much difference between a life term and execution. But it was imperative, he told his lawyers and psychiatric examiners, that his trial not distort or dilute his purpose for gunning down nine parishioners
at
Emanuel African Methodist Episcopal Church.
https://www.nytimes.com/2017/05/31/us/church-shooting-roof-charleston-hate-crime-.html?action=click&contentCollection=Asia%20Pacific&module=Trending&version=Full®ion=Marginalia&pgtype=article&_r=0
"INJUSTICE ANYWHERE IS A THREAT
TO
JUSTICE EVERYWHERE"
SIMPLY~g(Martin Luther King, Jr.)d~JIM
***
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