Hello Ingrid,
Well...
| Subject: | Re: Code Enforcement Trial |
| From: | James Avery (jeaverydvm87@att.net) |
| To: | memaloney@dekalbcountyga.gov; |
| Date: | Tuesday, August 30, 2016 10:27 PM |
Hello Miss Maloney,
As I am not working, I've been available 24/7 ever since having attempted performing my own drug addiction intervention Thanksgiving 2010; telling everyone.
All anyone has done, since then, has done nothing more than pushing me back inside my home alone; with "Tina" as we call it within the gay community.
I'm available anytime convenient for you.
Sincerely yours,
James E. Avery, DVM
p.s. Is it fair calling someone's problem a psychosis if the triggers for his supposedly "bipolarism" is the survivors, confirmation, congeniality bias of others?
Do you have any thoughts/suggestions we should be discussing about our upcoming August 15th ... 2017 ... Code Compliance hearing?
No point in me even trying to discuss my case with you, considering, our Law Office of Public Defender DeKalb County having been so wonderfully competent so far.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
P.S.
***
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I am out of the office with limited access to email or voicemail. I will return on August 7, 2017. If there is a question about a case requiring an immediate response, please contact the main office at (404) 371-2222 to be directed to someone that can assist you.
Thank you,
Whitney Gibbs
***
Thank you for your email. I am currently out of town with limited access to email. I will respond to your email as soon as I am able. In my absence, feel free to contact my assistant Stephanie Tanner atstephanie.tanner@senate.ga.gov or at (404) 656-6882. Have a wonderful day.
Best,
Elena
Best,
Elena
--
Elena C. Parent
Senator, District 42
321 Coverdell Legislative Office Building
18 Capitol Square, SW
Attachments
- TEXT.txt (840B)
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I am out of the office until Monday, August 7, and will have limited or no access to email. If this is urgent, please log a support call, or contact my manager, Velvet Hanes-Ritchie at (404) 338-5623. Otherwise, I will respond to your message as soon as possible. Thanks, Wes
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***
Would you like to set up an appointment with me before your court date? We last met on June 6.
***
Hello Ingrid,
I know we've last met June 6th. What follows is an email I had started shortly after that meeting but never finished. It's still unfinished, but there are points/questions within this email chain I'm believing important to my case:
***
Hello Ingrid,
After our meeting this past Tuesday June 6, 2017, I got to thinking about some of the things we talked about and have few a questions:
When I told you some about how much trouble I was having being allowed inspecting/getting copies of these files I'm having with different agencies around Metro-Atlanta (Emory Police, DeKalb Mobile Crisis Unit, Georgia Regional Hospital, Emory Healthcare, DeKalb County Police, State Court of DeKalb County Clerks Office, DeKalb County Code Enforcement, Law Office of Public Defender DeKalb County, etc.), fussing about how there was a possibility of me having to spend what's left of a sixty months probation in jail and apparently no paper trail for someone coming behind me (naming Georgia Innocence Project as an example of which the Honorable Judge Matthew McCoyd presiding over my trial happens to be one of the founding members) and picking up where we left off, it sounded as if you may not have received the previous email I had sent you which I'm now forwarding to you again. It concerns me that it seemed you didn't realize the only reason we had a transcript of "THE TRIAL" in the first place was because I'd paid $413.00 for a case reporter being present at this trial? On top of which the State Court of DeKalb County turns right around and tries charging me another $58.00 for a copy of this transcript which I already had received from Mary McMahan the case reporter.
We also talked about a movie I quoted from at the beginning of our last meeting:
"They say it's hard to do the right thing? It's not hard to do the right thing, it's just hard knowing what the right thing to do is? Once you do know, it's hard not doing the right thing? A good man (as well as a good woman this day and age our half of the world I felt it important improvising) is not without sin. He (she, they) admit(s), then expiates (again bringing up Georgia Innocence Project and my reason for having attempted donating $10,000.00 to GIP leading up to this 'THE TRIAL')."
The Confession is a 1999 American drama film directed by David Hugh Jones, starring Ben Kingsley and Alec Baldwin. It is based on the novel by Sol Yurick.
After his young son dies from the negligence of medical professionals at a hospital, Harry Fertig (Kingsley) takes matters into his own hands and kills the negligent doctors responsible. Slick lawyer Roy Bleakie (Baldwin), looking only to win a case and not caring of the matters involved, is assigned Fertig's case. Shocked to hear that his client wants to plead guilty, the case causes Bleakie to question his own morals by defending an honorable man.
MS. MCGAUGHEY: YOUR HONOR, AND THIS WILL GO INTO WHY
I'D LIKE TO ADDRESS THE COURT.
INGRID MCGAUGHEY WITH THE PUBLIC DEFENDER'S OFFICE.
I AM NOT ATTORNEY OF RECORD ON THIS CASE. MS. WHITNEY
GIBBS IS. MS. WHITNEY GIBBS HAS ASKED ME TO ASSIST HER
BECAUSE I AM ONE OF THE ATTORNEYS FOR THE PUBLIC
DEFENDER'S OFFICE WHO HANDLES THE CASES INVOLVING MENTAL
HEALTH ISSUES.
THE COURT: YES, MA'AM.
MS. MCGAUGHEY: I HAVE SPOKEN TO MR. AVERY ON SEVERAL
OCCASIONS, AND I KNOW THAT MR. AVERY WILL NOT AGREE WITH
ME ON THIS -- TWO OCCASIONS, I BELIEVE IT WAS THAT I SAT
DOWN WITH HIM. IN ADDITION, I HAVE BEEN PRIVY TO SOME OF
HIS E-MAILS THAT HE HAS SENT MS. GIBBS. I HAVE VIEWED
SOME OF THE VIDEOS THAT HE HAS ONLINE.
AND IN SPEAKING WITH MR. AVERY, MR. AVERY APPEARS TO
BE A BRIGHT INDIVIDUAL. HE SEEMS TO KNOW WHAT THE
MECHANICS OF THE COURT PROCEEDING ARE, HOWEVER, I DO NOT
BELIEVE HE IS COMPETENT TO PROCEED. I KNOW THE COURT HAD
INITIALLY ORDERED A COMPETENCY EVALUATION. D.B.H.D.D.
INFORMED THE COURT THAT THEY WOULD NOT BE DOING IT BECAUSE
IT WASN'T WITHIN THEIR PREVIEW. AND AT THAT POINT IN TIME
IT WOULD BECOME AN ISSUE FOR THE COURT, WHETHER THE COURT
WAS WILLING TO HIRE A PRIVATE TO DO THAT EVALUATION.
MR. AVERY'S ISSUES FOR US QUESTIONING HIS COMPETENCY
HAVE TO DO WITH HIS ABILITY TO ASSIST COUNSEL. WE ALSO
QUESTION HIS ACTUAL UNDERSTANDING OF WHAT THIS FORUM IS
FOR. WHILE WE HAVE GONE OVER THE MECHANICS OF A TRIAL AND
WHAT TODAY ENCOMPASSES, IT SEEMS TO BE MR. AVERY'S BELIEF
THAT THIS IS A FORUM AND WHERE HE WILL BE ABLE TO TELL
EVERYBODY WHAT HIS GRIEVANCES ARE TOWARDS THE COMMUNITY
AND FOR THEM TO ENTER INTO SOME SORT OF MEANINGFUL
DIALOGUE WITH HIM. IN REPEATEDLY SPEAKING TO HIM, HE DOES
NOT APPEAR TO FULLY COMPREHEND THAT.
IN ADDITION, 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. WE THINK THAT IN GOING FORWARD
WITH A TRIAL, WHERE HIS LIBERTY WOULD BE IN JEOPARDY, THAT
THIS WOULD VIOLATE HIS DUE-PROCESS RIGHTS AND WE DO NOT
BELIEVE HE IS COMPETENT.
THE COURT: SO, MS. MCGAUGHEY, I APPRECIATE YOUR
STATEMENTS. THE PROBLEM I HAVE IS THAT I HAVE ASKED
REPEATEDLY WHETHER YOUR OFFICE HAS COUNSEL FOR MR. AVERY.
I APPOINTED YOUR OFFICE AS COUNSEL FOR MR. AVERY EVEN
THOUGH HE DOESN'T QUALIFY BECAUSE I WANTED TO MAKE SURE
THAT HIS RIGHTS WERE PROTECTED. AND I HAVE ASKED
REPEATEDLY WHETHER YOUR OFFICE WAS GOING TO FILE A MOTION
SEEKING A COMPETENCY HEARING AND I HAVE BEEN REPEATEDLY
TOLD THAT YOU WERE NOT GOING TO DO THAT. AND I HAVE A
PROBLEM WITH HEARING THAT THE POSITION OF THE PUBLIC
DEFENDER'S OFFICE IS THAT HE'S NOT COMPETENT 20 MINUTES
AFTER A SPECIALLY SET TRIAL IS SET TO BEGIN. THIS HAS
BEEN GOING ON NOW FOR EIGHT MONTHS.
MS. MCGAUGHEY: I UNDERSTAND THAT, YOUR HONOR.
THE COURT: I BELIEVE THAT TO THE EXTENT THAT THERE
IS AN ISSUE, IT'S BEEN WAIVED.
MS. MCGAUGHEY: WE WOULD RESPECTFULLY DISAGREE WITH
THE COURT.
THE COURT: I UNDERSTAND.
MS. MCGAUGHEY: COMPETENCY IS ONE OF THOSE THINGS
THAT ARE FLUID. I HAVE SPOKEN WITH MR. AVERY AT TIMES
WHERE HE DID MAKE MORE SENSE. IN LIGHT OF SOME E-MAILS
THAT WERE SENT WITHIN THE LAST 24 HOURS, IN LIGHT OF MY
CONVERSATION WITH HIM TODAY, IN LIGHT OF MY SOCIAL
WORKERS' CONVERSATIONS -- WE HAVE HAD ALL THREE SOCIAL
WORKERS TALK TO HIM TODAY -- I DO NOT BELIEVE HE IS
COMPETENT IN THE HEARING NOW.
THE COURT: BEFORE I ASK THE COUNTY WHAT THEIR
POSITION IS, I'D LIKE TO KNOW EXACTLY WHAT IT IS YOU ARE
ASKING ME TO DO.
MS. MCGAUGHEY: WE ARE ASKING THE COURT TO MAKE AN
INQUIRY, BE IT THROUGH A DOCTOR, OF MR. AVERY'S
COMPETENCY.
THE COURT: SO ARE YOU MOVING TO HAVE A COMPETENCY
HEARING?
MS. MCGAUGHEY: YOUR HONOR, WE DO NOT HAVE A -- WE DO
NOT HAVE A DOCTOR AT THIS POINT IN TIME. IF THE COURT
WISHES TO GO FORWARD WITHOUT A DOCTOR, I BELIEVE THAT
MR. AVERY'S BEHAVIOR WOULD SPEAK FOR ITSELF QUITE FRANKLY.
THE COURT: SO WHAT IS IT YOU'RE ASKING ME TO DO?
MS. MCGAUGHEY: WE WOULD ASK THAT YOU EITHER CONTINUE
THE CASE --
THE DEFENDANT: (GESTURING AT THE GALLERY)
THE DEPUTY: SIR.
THE COURT: HE NEEDS TO STOP THAT.
MS. MCGAUGHEY: -- FOR COMPETENCY EVALUATION. IF THE
COURT IS NOT WILLING TO DO THAT, THEN WE COULD PROCEED
WITH A COMPETENCY EVALUATION AND LET THE COURT MAKE THAT
DECISION AS TO HIS COMPETENCY.
THE COURT: WE'RE GOING TO PROCEED WITH THE
COMPETENCY EVALUATION NOW?
MS. MCGAUGHEY: WE DO NOT HAVE A DOCTOR TO PROCEED
WITH THE AN EVALUATION AT THIS POINT IN TIME.
THE COURT: SO YOU'RE ASKING ME TO CONTINUE THE TRIAL
SO THAT YOU CAN GO GET A DOCTOR TO HAVE --
MS. MCGAUGHEY: WE'RE --
THE COURT: -- A COMPETENCY HEARING.
MS. MCGAUGHEY: WE'RE ASKING THE COURT -- IT WAS MY
UNDERSTANDING THIS WAS AN EVALUATION THAT WAS INITIALLY
ORDERED BY THE COURT.
THE COURT: IT WAS INITIALLY ORDERED BY THE COURT,
BUT THEN WHEN THE COURT WAS TOLD THAT THE STATE DEPARTMENT
WOULD NOT PERFORM THE EVALUATION, I INFORMED EVERYBODY OF
THAT. AND AT THAT TIME, I ASKED WHETHER DEFENSE WAS GOING
TO FILE A MOTION SEEKING A COMPETENCY EVALUATION, AND I
WAS TOLD NO.
MS. MCGAUGHEY: I UNDERSTAND THAT, YOUR HONOR. YOUR
HONOR --
THE COURT: SO ARE YOU NOW FILING A MOTION ASKING FOR
A COMPETENCY EVALUATION?
MS. MCGAUGHEY: I'M ASKING FOR THE COURT TO PROVIDE
THE FUNDS FOR THAT COMPETENCY EVALUATION SINCE GEORGIA
REGIONAL WILL NOT DO IT.
THE COURT: WHAT SAYS THE COUNTY?
MR. GETZ: THE COUNTY IS READY, YOUR HONOR.
THE COURT: MS. MCGAUGHEY, I HAVE A GREAT DEAL
RESPECT FOR YOU AND I UNDERSTAND THAT YOU'RE DOING YOUR
JOB, BUT I'M NOT GOING TO CONTINUE THE TRIAL.
MS. MCGAUGHEY: THANK YOU, JUDGE.
THE COURT: MY POSITION IS THE ISSUE -- I'VE
REPEATEDLY ASKED AND I'VE BEEN REPEATEDLY BEEN TOLD NO,
AND SO WE'RE HERE, WE'RE GOING TO HAVE A TRIAL.
MS. MCGAUGHEY: AND WE WOULD JUST LIKE OUR OBJECTION
NOTED FOR THE RECORD, YOUR HONOR.
THE COURT: YES, MA'AM.
MS. MCGAUGHEY: THANK YOU.
THE COURT: SO NOTED. ALL RIGHT.
MS. GIBBS: YOUR HONOR, IS THERE A HEARING DEVICE FOR
MR. AVERY AT THIS POINT?
THE COURT: IS THERE A WHAT?
MS. GIBBS: IS THERE A HEARING DEVICE AVAILABLE FOR
MR. AVERY SO HE CAN HEAR THE COURT PROCEEDINGS?
THE COURT: THERE SHOULD BE.
SO, DEPUTY, THIS DEFENDANT HAS HEARING ISSUES. TO
ADDRESS THE ISSUES, SO WE HAVE THE TECHNOLOGY TO ALLOW TO
ASSIST HIM HEARING THE PROCEEDINGS. WE NEED TO INQUIRE
ABOUT IT.
THE DEPUTY: WE HAVE IT?
THE COURT: WE DO. WE DO HAVE IT.
THE DEPUTY: OKAY.
THE COURT: OKAY.
THE DEPUTY: I DON'T KNOW WHERE TO GET IT FROM.
(THE DEPUTIES CONFERRED.)
THE COURT: ALL RIGHT. WELL, I THINK WE'RE GOING TO
HAVE A VERY BRIEF DELAY WHILE WE TRY TO MAKE SURE THAT THE
TECHNOLOGY THAT CAN ASSIST THE DEFENDANT HEARING THE
PROCEEDINGS IS BROUGHT DOWN. THEN WE'LL PROCEED.
Based on our most recent meeting, do you still feel it's me who's incompetent as it relates to assisting counsel with my defense?
Will we have a case reporter present, as well as audio recordings, all future Code Compliance Hearing as I'm requesting?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V.M.
On Friday, June 2, 2017 1:35 AM, James Avery <jeaverydvm87@att.net> wrote:
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!
On Wednesday, May 31, 2017 8:12 PM, "McGaughey, Ingrid" <ijmcgaug@dekalbcountyga.gov> wrote:
Of course we can meet. Are you available in Tuesday, June 6 at 2 pm?
Sincerely
Ingrid McGaughey
***
I also remember you asking me at the end of our last meeting, what was probably .. to you ... just another rambling/tangential monologue rant from me, "What can I do for you?" Or maybe it was something more like, "What would you like me to do for you?"
And I answered you:
"Within your job description, maybe nothing." Outside of your job description, I am aware may put your job at risk?"
Then I repeated to you, again, what I was really needing to happen before able putting any of this behind us and moving on was a non-criminal-fact-finding-justice hearing with our supposedly "united" Methodist churches of Glenn Memorial UMC located on the secular Methodist campus of Emory University, St. Mark UMC downtown Atlanta roughly eighty percent LGBT, and the First United Methodist Church growing up with my hometown of Prescott, Arkansas.
Then you informed me that First United Church of Prescott was outside of your jurisdiction; that there was nothing you could do.
To which I replied, "Get Glenn Memorial UMC and Emory University on board, then maybe First United Methodist Church will be willing to participate."
And I've heard nothing from you since as to whether or not you even acted on these request? Nor ever informed that you had no intentions of even trying to help me in this endeavor?
From what I've been able witnessing so far, it certainly does not seem I'm the one being represented by our Law Office of Public Defender DeKalb County.
I see no point in another closed door meeting which I'm not allowed to record.
So...how about just sending me an email with your expectations as to what you think is going to happen at my next code compliance hearing? You know! The one where I ended up with 60 months probation because of aggregates signs total being over 24 square feet allowed?
YOU DO NOT CONCLUDE UNTIL UNDERSTANDING. ONCE UNDERSTANDING, YOU DO NOT JUDGE!
I've already told you, "Our honorable Judge Matthew McCoyd's job was to conclude before understanding in a way that gives the appearance of justice having been served; but to whom?"
"YOU CAN'T ARREST SOMEONE JUST ON SUSPICIONS FOR 50% OF THE CRIMES WITHIN A NEIGHBORHOOD...UNLESS ASSIGNED A PUBLIC DEFENDER!"
Remember now, I didn't ask to be represented by our Law Office of Public Defender DeKalb County. You were assigned to me. In spite of not qualifying because of owning 100% equity in my home.
As my trial was never handled properly to begin with, the problems persist.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V.M.
Attachments
- August 2, 2015 God is an Opinion 113.JPG (643.55KB)
- December 9th, 2016 Clarion 040.JPG (662.49KB)
- February 21, 2017 excoriate 041.JPG (6.11MB)
***
Why don’t we talk after your court date next week.
Hello Ingrid,
I would like to have some hard copy evidence as to what kind of representation/counsel I've been receiving from our Law Office of Public Defenders DeKalb County. So could you please just give me some idea as to what we are expecting to happen at my upcoming code compliance hearing?
Are you even aware that I've had a meeting, at my request, with my probation supervisor Officer Davis this past Wednesday and he has informed me he will be requesting a drug screening? He actually wanted to do it the day of our meeting, but I told him there was no need to test me because I can tell him right now that it will come back positive. That I've been doing it every day for the past four years. That I've been up front about my drug addiction ever since having attempted my own drug addiction intervention Thanksgiving 2010 telling everyone starting first with the only friendly neighbor I thought I had at the time. You remember them don't you? She was sitting with her husband, George Robert Gary, Sr. MDiv., ThD., directly behind us in straight line view with our honorable Judge Matthew McCoyd. In fact, we actually did have a doctor in the house the day of my trial who supposedly could have helped with a competency hearing.
Are you even aware of any of this?
I don't like the sound of this,"Why don’t we talk after your court date next week."
So could you please just give me a run down as to what we can expect this upcoming code compliance hearing?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
***
Hello Ingrid,
Well, could you at least let me know whether or not it would be a good idea taking a cab to this hearing? I've even once inquired with a bailiff as to what happens to our vehicle when having been sent straight to jail from these hearings? He didn't know!
"Considering everything I've tried discussing with you during our meetings and within all these emails I've sent you over the past few months, any suggestions as to who we could subpoena as a witness to my defense?"
~(Simply Jim)~
"Do you have anyone who could vouch to the square footage of these signs?"
~(Public Defender Whitney Gibbs)~
"YES! THE CODE ENFORCERS!"
~(Simply Jim)~
I'm curious, how could I have assisted counsel leading up to this "THE TRIAlL"? None of you ever offered any suggessions!
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V.M.
P.S.
The day I first found out that Whitney Gibbs was no longer my public defender, that you had taken over this case, I asked if you were aware that I had offered paying for the mental competency evaluation if we could have it performed at Care and Counseling Center of Georgia just down the street from where I live? You said you had not. What follows ia an email having sent to Lauren Stadalius who was acting as a intermediary until Whitney Gibbs had been rotated in from another district taking over my case after Marian Maloney's abrupt departure
.
| Subject: | Re: Your DeKalb County Code Enforcement Case |
| From: | James Avery (jeaverydvm87@att.net) |
| To: | lstadalius@dekalbcountyga.gov; |
| Cc: | wgibbs@dekalbcountyga.gov; |
| Date: | Thursday, September 8, 2016 1:04 AM |
Hello Ms. Stadalius,
Thank you for updating me.
Curious now as to who will be paying for this "formal" mental health evaluation? Far as I know, Georgia Regional Hospital still has a lien against my home for when I was involuntarily committed (with the help of my Arkansan mother and sister) for five weeks back in August/September of 2011? In addition to these nine unannounced/unwelcomed visits, so far, to my home by DeKalb County's Mobile Crisis Unit, are we possibly admitting these evaluations to be flawed/inadequate? I'm still extremely unhappy with how DeKalb County (most especially Emory) having taken advantage of a self-avowed practicing homosexual's complicated relationship between him and his eighty year old rural Arkansan mother.
"OH NO! We didn't...GO...to California; just San Francisco!"
~(My Big Sister))~
It didn't help any, either, that all my mother had to do accomplishing this, was, getting my big sister of seven years to stop playing tennis long enough driving her across several states to Atlanta.
Also, would it be possible having this "formal" mental evaluation performed at Care and Counseling Center of Georgia? It's just down the street from my house. Plus, there definitely should be less history needed bringing them up to date about my situation. In fact, possible we may even be able skipping S.ubjective O.bjective going straight to A.ccessment; maybe even straight to P.lan?
Not only should this save the State of Georgia some money; even willing paying for it out of my own pockets..
I'm serious about this.
Sincerely yours,
James E. Avery, DVM
P.S. "You do not conclude until understanding. Once understanding; you do not judge."
I've never been able getting an answer as to why Whitney Gibbs was taking over my case? Even Lauren Stadalius would not answer as to why she wasn't the one taking over my case?
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MOCK TRIAL SOCIETY
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It is my understanding that this is a routine hearing to see if you are in compliance.
In regard to the drug testing, typically probation is allowed to do random tests.
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Hello Ingrid,
I would like to have some hard copy evidence as to what kind of representation/counsel I've been receiving from our Law Office of Public Defenders DeKalb County. So could you please just give me some idea as to what we are expecting to happen at my upcoming code compliance hearing?
Are you even aware that I've had a meeting, at my request, with my probation supervisor Officer Davis this past Wednesday and he has informed me he will be requesting a drug screening? He actually wanted to do it the day of our meeting, but I told him there was no need to test me because I can tell him right now that it will come back positive. That I've been doing it every day for the past four years. That I've been up front about my drug addiction ever since having attempted my own drug addiction intervention Thanksgiving 2010 telling everyone starting first with the only friendly neighbor I thought I had at the time. You remember them don't you? She was sitting with her husband, George Robert Gary, Sr. MDiv., ThD., directly behind us in straight line view with our honorable Judge Matthew McCoyd. In fact, we actually did have a doctor in the house the day of my trial who supposedly could have helped with a competency hearing.
Are you even aware of any of this?
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I don't like the sound of this,"Why don’t we talk after your court date next week."
So could you please just give me a run down as to what we can expect this upcoming code compliance hearing?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
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Hello Officer Davis,
I've been unsuccessful getting any advice/counsel from my public defender Ingrid McGaughey. The last I've heard from her was, "Why don't we talk after your court date next week." Probably has something to do with me no longer willing to meet with our Law Office of Public Defender behind closed doors they won't let me record. I'm over that crap!
That's pretty much the kind of counseling I've been getting out of Law Office of Public Defender DeKalb County from start to finish.
What follows are links to last set of email exchanges between me and Ingrid as well as link to transcript of "THE TRIAL" and my postings to recent news articles about "offensive" signs 1840 Mason Mill Road. As posting of mine were being deleted, I've been saving and posting them up to my blog:
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Anyway, I was hoping I might be able getting you Officer Davis explaining the different possible outcome from tomorrow hearing? Also, maybe getting you into advising me on whether I should cab it or not to tomorrow's hearing?
Also, will it be possible of me showing up at 4:00 pm instead of 2:00 pm? I have a doctors appointment with Emory Ophthalmology at 12:00 noon tomorrow afternoon for a follow-up eye exam. They are currently giving me a 15% probability of going blind my other eye within five years. Need a new prescription for glasses anyway if not more or less the same thing happening as my right eye which pretty much useless.
Maybe even seeing to it that we have a case reporter present tomorrow. I will pay for it. I'm getting no help what so ever out of Ingrid.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
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Good Afternoon,
You can explain this to the Judge in court on your court date.
Thank you for your inquiry.
Thank you for your inquiry.
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