Hello Mr. James Edward Avery,
My name is Ian Ely. I am a filmmaker in 9th grade and I contacted you last summer about doing a documentary on you and your signs. Would you still be open to doing this?
Thank you in advance,
Ian Ely
Hello Mr. Avery,
I hope this note finds you well! I am Ian's film teacher. Please let me know if you have any questions or concerns.
Lyle
On Mon, Aug 28, 2017 at 9:59 PM, Ian Ely <I.E.> wrote:
Hello Mr. James Edward Avery,
My name is Ian Ely. I am a filmmaker in 9th grade and I contacted you last summer about doing a documentary on you and your signs. Would you still be open to doing this?
Thank you in advance,
Ian Ely
LYLE KANE
ARTS FACULTY
The New School
(404) 772-6255
lyle.kane@tnsatlanta.org
www.tnsatlanta.org
***
Hello Ian,
I'm more than willing to meet with you and discussing your ideas for this documentary. If you are still wanting to continue with this project after this meeting between the two of us and any others needing to approve of this project, it will not be me stopping you.
I will talk to anyone.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, D.V.M.
P.S. Don't let the "g(8!0)d" part freak you out. It just my way of expressing myself as being nothing more than just another classic eight having discovered himself momentarily caught up in time; the sum of all of us being TAO~G(0)D~OD.
***
Hello Ian,
Replied to your email September 4th.
Just wanting to make sure you received it?
Sincerely yours,
James E. Avery, D.V.M
***
Hello Mr. Avery,
Thank you for your interest in the documentary! Yes, sorry, I received your email and I am trying to work out some dates and plans with my mentor. I will try and get back to you tomorrow.
Thanks again,
Ian
***
Hello Ian,
Just wanting to make sure you had received my email letting you know I was willing helping you with your project.
Take your time. No hurry on my end.
Sincerely yours,
Jim Ed
P.S. I'm assuming you are aware of these recent news reports by WSB-TV CHANNEL 2 NEWS, FOX5 NEWS, and CBS46 NEWS regarding inappropriate signs/behavior 1840 Mason Mill Road?
Here a link to one of them; https://www.facebook.com/wsbtv/posts/10155993568950695
***
Hello Mr. Avery,
Thank you for showing interest in the documentary. I was wondering what date would work best for you for our initial meeting. Also, I was wondering if I could film you making one of your signs for part of the documentary. Could we perhaps shoot this weekend or early next week?
Thanks in advance,
Ian
Thank you for showing interest in the documentary. I was wondering what date would work best for you for our initial meeting. Also, I was wondering if I could film you making one of your signs for part of the documentary. Could we perhaps shoot this weekend or early next week?
Thanks in advance,
Ian
***
Hello Ian,
As I'm not working, nor much of a social life, going to let you choose the timing best for you. Just need an advance notice.
At the moment I'm pretty hoarse from all the roadside yelling, nor can I guarantee it will be any better waiting first. Honestly, I do not foresee my speech getting any better until people start including me in on these discussions regarding inappropriate behavior/signage 1840 Mason Mill Road.
IT''S NOT GOSSIP IF TRUE!
If I'm only to be given one chance saying anything to these next door/not so next door NEXTDOOR.COM neighbors of mine, I'm going for the offensive!
IT"S NOT BIPOLAR IF GOOD REASONS!
Do not have any signs in the making at this time, but can show you how I start off designing them on my computer once inspired.
LOL
Jim Ed
***
Hello Mr. Avery,
We were wondering whether Sunday at 1 PM would work for you? It would be amazing if you could show us how you design your signs!
Thanks,
Ian
***
Hello Ian,
Amazing...not exactly the word I would use. Lol.
Anyway, Sunday at 1:00 PM works for me.
I'm understanding that Lyle will be coming with you? Which is fine with me. The more the merrier.
I'm not much of a housekeeper.
So... keep in mind that what you see was a whole lot better than what it was!? lol
See you tomorrow,
Jim Ed
Hello Mr. Avery,
Yes, Lyle will be coming. Don’t worry about your house, and we can discuss tomorrow where you feel comfortable filming.
See you at 1:00,
Ian
***
Hello Ian,
Would have sent you this email sooner, but did not have use of my computer due power outage my neighborhood because of a fallen tree.
Just wanting to say that I enjoyed finally meeting you, your father, and your mentor Lyle. Hope you were able using something from our interview this past Sunday for your project? Wanting to let you know that I'm still very much interested in assisting you in any way I can with your film project but do understand if you decide going with another idea for this project instead?
And one more thing...
Would it be possible of me getting a copy of the incident involving confrontation with the young woman upset over my signs? Glenn Memorial UMC recently denied me participating with a nine week book study being offered at Glenn about racism; "Waking up White and Finding Yourself in the Story of Race." I'm wanting sharing this clip... just with the senior pastor of this church,...showing her that I'm very much so a part of this story as well. Showing her, how it is, their silence in the face of all the misinformation being passed around among the neighbors of the defendant residing 1840 Mason Mill Road is just as much a contributor to America's problem with racism.
Again, it's not this young woman having smeared dog shit on the windshield of a car parked in my driveway I'm faulting for this act of vandalism against my property. Although this young woman was certainly old enough to should have known better, it still the adults neighbors of mine I'm faulting. I sincerely do believe there should be no wrong of anyone, however way it takes, provoking the needed dialogues long since overdue.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
Attachments
- promo264125212.jpg (56.70KB)
- sosedska_vojna.jpg (69.77KB)
- 102512_decatursigns_02.JPG (3.38MB)
- August 2, 2015 God is an Opinion 113.JPG (643.55KB)
- December 9th, 2016 Clarion 040.JPG (662.49KB)
***
Hello Mr. Avery,
Yes, I was definitely able to use footage from our first meeting! I am currently editing my short verite film. If you would like, I can send a link for you to watch it.
I plan on moving forward with the documentary and would like to schedule a time for our next meeting. I would also like to do a formal interview and I will bring a film release form for you to sign.
I will send you the link to the video of the incident shortly, since the video will take a bit to upload.
Ian Ely
***
Hello Ian,
Yes I would to watch it.
Thank you,
Jim Ed
***
Hello Mr. Avery,
Here is the link to the video of the incident:
https://www.XXXXX
I will send you the link to the verite film soon.
Ian Ely
***
Hello Ian,
Thank you for sending me a copy of this unfortunate incident having happened during our first interview. But I'm also fortunate that it did happen during our interview for your film project as it's definitely an important part of our story; not just mine.
People find me very negative. And I will apologize for this up front. But I'm believing I'm being negative in a positive kind of way. Even to the point of being known to some as Suicide Jim; one date with me and you just want to kill yourself. But this necessarily...ISN'T... always a bad thing..? Maybe you should..? It's called having a conscience..?
|
So it's appearing, to me at least anyway, we are having...AVAILABLE... to us the option of a "Balanced" Vision of the Humankind as well..? But I've yet to see any evidence supporting a "Balance" Vision for the Humankind..? Except maybe for one..?
32 And I, when I am lifted up from the earth,will draw all people to myself.” 33 He said this to show by what kind of death he was going to die. 34 So the crowd answered him, “We have heard from the Law that the Christ remains forever. How can you say that the Son of Man must be lifted up? Who is this Son of Man?” 35 So Jesus said to them, “The light is among you for a little while longer.Walk while you have the light, lest darkness overtake you. The one who walks in the darkness does not know where he is going. 36 While you have the light, believe in the light, that you may become sons of light.”
The Unbelief of the People
When Jesus had said these things, he departed and hid himself from them. 37 Though he had done so many signs before them, they still did not believe in him, 38 so that the word spoken by the prophet Isaiah might be fulfilled:
“Lord, who has believed what he heard from us,
and to whom has the arm of the Lord been revealed?”
and to whom has the arm of the Lord been revealed?”
39 Therefore they could not believe. For again Isaiah said,
40 “He has blinded their eyes
and hardened their heart,
lest they see with their eyes,
and understand with their heart, and turn,
and I would heal them.”
and hardened their heart,
lest they see with their eyes,
and understand with their heart, and turn,
and I would heal them.”
41 Isaiah said these things because he saw his glory and spoke of him.42 Nevertheless, many even of the authorities believed in him, but for fear of the Pharisees they did not confess it, so that they would not beput out of the synagogue; 43 for they loved the glory that comes from man more than the glory that comes from God.
As the individual is the smallest minority, the crucifixion of our Jesus of Nazareth continues to be a massacre every day as we continue living for all eternity in his presence. We definitely having a pair of legs available to us desperately in need of being broken!
Until then...
what a waste of a good crucifixion..?
I'm sorry Ian. Got carried away. Really should not be burdening a ninth grader with these ...NEGATIVE...thoughts of mine. But then again, you did a film about...DEATH...didn't you?
Anyway, just let me know the time and day convenient for you for our next interview/signing of these papers?
Sincerely yours,
Jim Ed
***
Hello Mr. Avery,
Here is the link to the short verite project. Hopefully it plays on Windows. If it doesn’t, I have a different version that I can upload:
https://www.XXXXXXXXXXXXXXXXXXXXXXXXXXX
Tell me what you think!
Ian Ely
***
Hello Ian,
You apparently sent me this email with link to your verite project while I was still typing the email having just sent you.
WOW! Must say I am...IMPRESSED!
I LOVE IT! I REALLY REALLY DO LOVE IT!
Curious about the song you chose, even read up on Daniel Rosenfeld. Finding it all fascinating!
Definitely looking forward to seeing more of your work.
Sincerely yours,
Jim Ed
***
Hello Ian,
There once was a fish.
(What more could you wish?)
He lived in the sea.
(Where else would he be?)
He was caught on a line.
(Whose line if not mine?)
So I brought him to you.
(What else should I do?)
(What more could you wish?)
He lived in the sea.
(Where else would he be?)
He was caught on a line.
(Whose line if not mine?)
So I brought him to you.
(What else should I do?)
Attached is the design I've decided on using for this particular sign. Instead of two pics, I've decided going with just one. It will be easy adding the other back in if I should change my mind.
Sincerely yours,
Jim Ed
Attachments
- wHY DID THE MORON SWIM ACROSS T HE LAKE ON HIS BACK II IIIIKIOIPPIIYTUH.jpg(119.00KB)
***
Hello Mr. Avery,
Thank you!!! I usually use Daniel Rosenfeld’s music for most of my projects, since he crafts amazing pieces of music.
Would two hours sometime between 1:00-4:00pm on October 1st work for you?
Ian Ely
Hello Ian,
October 1st not a problem. Letting you pick the time and place?
I'm assuming you are aware of the 60 months probation I've incurred because of these sign? That I have a code compliance hearing coming up October 17, 2017? That it is possible for probation being revoked and serving time left in jail?
But then again, it could all be fun? lol
Sincerely yours,
Jim Ed.
***
Hello Mr. Avery,
I was not aware of the 60 months probation or the code compliance hearing. I am trying to get information on what I need to submit (or something like that) to film during the hearing (or if I can at all). I was wondering if you had any details about the time, location, etc. of the hearing that you could let me know.
Also, the time that would work best for the interview would be from 1:00-3:00pm. If anything changes, I will let you know.
Ian Ely
***
Hello Ian,
As they will not let me audio record my own code compliance hearings, highly doubt they will let you film these hearings.
But here's the odd part! Per my court assigned public defender, it had been my understanding that State Court of DeKalb County hearings were already being audio recorded.as well as told these recordings would be available for inspecting and copying through State Court of DeKalb County Clerk's Office.
STATE COURT OF DEKALB COUNTY
Clerk's Office
Traffic Division
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson Terri Kellman
Clerk Chief Deputy
August 15, 2017
Via Mail
James Avery
1840 Mason Mill Rd.
Decatur, GA 30033
Re: Your Record Request: 026179,026695,027588,0262001,027591,028302, 028309, 028656 and
028659
Dear Mr. Avery,
Your request was received on August 3, 2017. 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. After reviewing your request, it has been determined that an audio recording could not be
located on file and is not available at this time. We sincerely apologize for the inconvenience.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
So yeah! If you are somehow able getting permission from our Honorable Judge Matthew McCoyd allowing you to be present with your camera any court hearings of mine, that would be awesome!!!
Will not know for certain the day and timing for upcoming code compliance hearing until receiving a mailed notice of court appearance from State Court of DeKalb County. Usually get them roughly a week in advance of these hearings scheduled every 60 days at 2:00 PM Courtroom E Camp Circle Complex , . So far there have been no deviation from this schedule.
Unless I hear from you, will see you here at my place(?) October 1st, 2017 at 1:00 PM - 3:00PM.
Sincerely yours,
Jim Ed
***
Hello Mr. Avery,
I will attempt to get in contact with Judge Matthew McCoyd and hopefully be able to film the hearing.
Ian Ely
***
Hello Ian,
Since the film title is "LOVE THY NEIGHBOR," I'm sending you links to an exchange of emails between me and NEXTDOOR SUPPORT in my attempts having my account reinstated and transcript of "THE TRIAL" uploaded to my blog:
|
|
|
I'm also curious...
This documentary film about me just a school project that only other film students/teachers will be viewing? Or are there others who will be seeing this film documentary?
Sincerely yours,
Jim Ed
***
Hello Mr. Avery,
Thanks for the links.
For my documentary class, we have to make a 8-15 minute film that will be shown among students and teachers. However, I am interested in expanding the documentary into something like a 30 minute version that I am planning to submit to film festivals.
Ian Ely
***
Hello Ian,
Interesting!
See you October 1st at 1:00PM
Sincerely yours,
Jim Ed
***
Hello Ian,
Received Notice of Court Appearance with today's mail.
I am hereby notifed (sic) that an arraignment/trial/hearing will be held in the MAGISTRATE COURT OF DEKALB COUNTY, 3630 CAMP CIRCLE, DECATUR, GEORGIA 30032 on 10/17/2017 at 2:00 pm in Division COURTROOM E of said court.
Wish you luck in getting our Honorable Judge Matthew McCoyd allowing you filming the proceedings of this upcoming code compliance hearing of mine.
He going to be expecting a report able holding in his hand showing, along with their recommendations, that I have submitted to a clinical evaluation for substance abuse.
I'm determined for this evaluation being done with our "Pastoral "Care and Counseling Center of Georgia located just up the street from my house on the corner of Mason Mill and Clairmont. They are not being very cooperative; even forthcoming with an explanation as to how Winn Way Mental Health Services better equipped providing the help I need than our CCCG.
Sincerely yours,
Jim Ed
***
Hello Mr. Avery,
I have a school break coming up and was wondering if you would be available to do another interview this Friday from 2:00-4:00?
Thanks,
Ian Ely
***
Hello Ian,
Not a problem.
See you tomorrow at 2:00 PM.
Sincerely yours,
Jim Ed
***
Hello Mr. Avery,
I was wondering if you would be available to do an interview this Tuesday from 1:30-3:30?
Thanks,
Ian Ely
***
Hello Ian,
Tomorrow Tuesday 10th at 1:30 - 3:30 is fine.
See you then,
Jim Ed
***
Hello Ian,
My probation supervisor paid me a visit late Tuesday afternoon concerned because I had not yet satisfied the judge's court ordered substance abuse evaluation.
So I went online and actually have a 4:00 PM appointment with American Alternative Court Services downtown Atlanta this afternoon.
Anyway clicking on the following link to my blog will provide more details:
http://minusfleshequalswaterandspirits.blogspot.com/2017/10/american-alternative-court-services.html
I"m actually thinking of taking my show on the road to this appointment..?
Not sure yet?
Sincerely yours,
Simply Jim I Am
***
Hello Mr. Avery,
I’m sorry that I missed this appointment. I got this email while I was in school and didn’t see it until much later. Just let me know if there are any other things that you will be doing to prepare for the hearing.
Thanks,
Ian Ely
***
Hello Ian,
Almost missed the appointment myself!
Didn't anticipate the amount of traffic that would be on the road at that time of the day. Then, knowing that my exit off I-20 West was coming up, got in the right lane and ended up getting boxed in and onto I-75/85 South instead. After taking the first exit off then back onto I-75/85 North just to get back onto I-20 West, I ended up being on I-20 West with the exit I missed now somehow gotten to the East of me. Once I got onto I-20 East, no trouble the rest of the way except for being 15 minutes late.
Then comes the evaluation.
"I wouldn't call it that. I have a sign in my front yard that says [DEAD MAN WALKING/DEATH OF A SALESMAN]. It started at $70,000.00. We're now down to $6,000.00. As everyone is waving goodbye to me as they drive by, although technically a suicide, it's really a crime scene."
~(Simply Jim I Am)~
Already irritated he had not been getting the usually predictable brief answers to any of his routine questions (this sound familiar?), it was when coming to the question asking me if I had any thoughts harming myself throwing him for a loop.
"You do know that I have the capabilities taking steps having you committed!"
~(AACS Evaluator Jacques Khorozian)~
"Well don't do it now! At least wait until the money runs out first!"
~(Simply Jim I Am)~
Long story short...
Part way through the evaluation, Chief Executive Officer/Evaluator Jacques Khorozian abruptly terminates the cession, gets up, walks out of the office, comes back with a money bag, asks me how much I paid for this evaluation, then plops $100.00 cash on his desk in front of me as the refund for the $98.50 fee prepaid online for a court ordered substance abuse evaluation.
Then tells me to leave.
"You just supported my substance abuse addiction!"
~(Simply Jim I Am)~
As far as he was concerned, this session never even happened. Wouldn't even give me a written report, even unwilling making a call to my probation supervisor, stating his reason(s) for refusing a court ordered substance abuse evaluation that was suppose to be the reason for his business..?
And the so sad it's funny thing about all this, when considering I'm practically blind in my right eye maybe due to this crystal meths addiction of mine, it's amazing how this supposed to be non-refundable court ordered clinical evaluation for substance abuse appointment didn't end up being a horrible traffic accident getting people killed...instead?!
So Ian, any update on whether or not you will be allowed to document the proceedings of my next code compliance hearing coming up this Tuesday October 17, 2017?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(Isaiah 9)d~James E. Avery, Herd Health Medicine
P.S. Really should not be telling all this to a ninth grader; especially when considering I haven't even updated my probation supervisor or public defender about this failed court ordered evaluation for substance abuse attempt. However you seem to be the only one listening..?
Attachments
- October 12, 2017 netiquette 002.JPG (6.26MB)
- October 12, 2017 netiquette 009.JPG (6.73MB)
- October 12, 2017 netiquette 013.JPG (6.41MB)
***
Hello Mr. Avery,
I heard back from the judge and I do not have the permission to film the hearing. However, I was wondering if it would be possible if I could film you leaving your house and walking into the courthouse on the 17th before your hearing. If so, what time will you be leaving to go to the courthouse?
Ian Ely
***
Hello Ian,
I'm sure I will just look like another crazy man leaving his home on his way to another one of his code compliance hearings.
But yeah! You do have my permission filming whatever you are able filming of this court hearing.
Never been much traffic getting there. But once there, parking can be bit of a headache! I will be leaving my place at 1:00 PM.
Sincerely yours,
Jim Ed
[IN THE SUPERIOR COURT
OF
DEKALB COUNTY, DECATUR, GEORGIA,
FRIDAY, JANUARY 20, 2017,
STATE VS. JAMES EDWARD AVERY,
17S-2215795,
JUDGE MATTHEW J. MCCOYD, PRESIDING.]
(FROM SPECIAL SET, 1:00 P.M.)
P R O C E E D I N G S
THE COURT:
WE ARE HERE ON FRIDAY, JANUARY 20, 2017. THIS CASE IS THE DEKALB COUNTY VS. JAMES EDWARD AVERY CASE. THIS CASE WAS ESPECIALLY SET FOR TRIAL. IT'S NOW 1:23 AND WE ARE ON THE RECORD.
FOR THE RECORD, I HAVE RECEIVED A MOTION TO NOLLE PROS A NUMBER OF THE CITATIONS AGAINST MR. AVERY FROM THE SOLICITOR, AND I NEED TO KNOW WHETHER THE DEFENDANT HAS ANY OBJECTION TO THE ENTRY OF THE NOLLE PROS.
MS. MCGAUGHEY:
COUNSEL WOULD HAVE NO OBJECTION TO THE NOLLE PROS ORDER.
THE COURT:
WELL, THAT IS GOOD BUT DOESN'T ANSWER THE QUESTION OF WHETHER THE DEFENDANT OBJECTS TO THE NOLLE PROS.
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. (Department of Behavioral Health and Developmental Disabilities) 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?
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.
And just before this trial happening, on a January 3rd as I sat out in the hallway with my Public Defender Whitney Gibbs, after having just been informed during a status update hearing by the prosecuting attorney for DeKalb County that the county was only going to be prosecuting eleven out of the total twenty-nine citations having been issued against me:
"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 I do.
THE CODE ENFORCERS!"
THE CODE ENFORCERS!"
~(Simply Jim)~
And this is when Public Defender Ingrid McGaughey finally showing up:
"No matter what the outcome of this trial, I'm still not guilty."
~(Simply Jim)~
"I don't understand! I thought you were wanting...A TRIAL!"
~(Public Defender Whitney Gibbs)~
Looking up to Public Defender Ingrid McGaughey who was still standing:
"Why is she unable understanding this?"
~(Simply Jim)~
Speaking down to Public Defender Whitney Gibbs as the two of us shared a bench outside the courtroom in the hallway of what was formerly the DeKalb County Recorders Court:
"Let's have a trial."
~(Public Defender Ingrid McGaughey)~
And toward the end of this trial, as we were listening to this court ordered public defender, Whitney Gibbs, having been assigned to me by our Law Office of Public Defender DeKalb County at the request of the Honorable Judge Matthew McCoyd presiding over these hearings, repeating herself over and over again one citation after another:
"This is...soooo...fucked up."
~(Simply Jim)~
"Please. Let Whitney do her job."
~(Public Defender Ingrid McGaughey)~
As this exchange between me and and public defender Ingrid McGaughey happened while the two of us were standing side by side right in front of the bench, within hearing distance of our Honorable Judge Matthew McCoyd sitting behind the bench, such a shame we've no video recording of our Honorable Judge Matthew McCoyd's reaction upon overhearing us two as public defender Whitney Gibbs continues on with her questioning of our lone witness Code Enforcer Officer Housworth.
Briefly. Oh so briefly.
Water, water, every where,
And all the boards did shrink;
It looked as if our Honorable Judge Matthew McCoyd was about to cry.
Water, water, every where,
Nor any drop to drink.
It really really did.
And toward the end of this trial, as we were listening to this court ordered public defender, Whitney Gibbs, having been assigned to me by our Law Office of Public Defender DeKalb County at the request of the Honorable Judge Matthew McCoyd presiding over these hearings, repeating herself over and over again one citation after another:
"This is...soooo...fucked up."
~(Simply Jim)~
"Please. Let Whitney do her job."
~(Public Defender Ingrid McGaughey)~
As this exchange between me and and public defender Ingrid McGaughey happened while the two of us were standing side by side right in front of the bench, within hearing distance of our Honorable Judge Matthew McCoyd sitting behind the bench, such a shame we've no video recording of our Honorable Judge Matthew McCoyd's reaction upon overhearing us two as public defender Whitney Gibbs continues on with her questioning of our lone witness Code Enforcer Officer Housworth.
Briefly. Oh so briefly.
Water, water, every where,
And all the boards did shrink;
It looked as if our Honorable Judge Matthew McCoyd was about to cry.
Water, water, every where,
Nor any drop to drink.
It really really did.
It will never be me denying you permission filming anything having to do with me and my violations of DeKalb County's precious sign code ordinances. And this includes the filming of anything relating to subjects, the crystal meths addiction being just one of many, within these "ramblings" and/or "tangentials" ending up so easily dismissed by Our Honorable Judge Matthew McCoyd's Court Ordered Assigned Public Defender Ingrid McGaughey at the very beginning of this sham..."THE TRIAL!"
***
Hello Mr. Avery,
I will try to be there probably about 15 minutes before 1:00 to get footage of you leaving.
Was that a transcript from the January 20th hearing? If so, I am trying to get access to transcripts from any of your hearings. If you have any, I would appreciate it if you could send them to me.
Thanks,
Ian Ely
***
Hello Ian,
Thought I had sent you a link to the transcript from my trial..?
I have it uploaded to my blog at the following link:
|
The following link takes you to all emails between me and Law Office of Public Defender DeKalb County leading up to the trial:
|
And this link takes you to emails between me and Law Office of Public Defender DeKalb County since the trial which I'm still in the process uploading to my blog:
|
And as far as transcript from any of the other court hearings, will just copy and paste from an email sent you earlier:
As they will not let me audio record my own code compliance hearings, highly doubt they will let you film these hearings.
But here's the odd part! Per my court assigned public defender, it had been my understanding that State Court of DeKalb County hearings were already being audio recorded.as well as told these recordings would be available for inspecting and copying through State Court of DeKalb County Clerk's Office.
STATE COURT OF DEKALB COUNTY
Clerk's Office
Traffic Division
3630 Camp Circle
Decatur, Georgia 30032
404-294-2099
Melanie F. Wilson Terri Kellman
Clerk Chief Deputy
August 15, 2017
Via Mail
James Avery
1840 Mason Mill Rd.
Decatur, GA 30033
Re: Your Record Request: 026179,026695,027588,0262001,027591,028302, 028309, 028656 and
028659
Dear Mr. Avery,
Your request was received on August 3, 2017. 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. After reviewing your request, it has been determined that an audio recording could not be
located on file and is not available at this time. We sincerely apologize for the inconvenience.
Sincerely,
Ms. B. Holmes
Records Technician Principal
Clerk's Office
State Court of DeKalb County
It is my understanding, except for the transcript of the trial that would not have happened if I had not requested and paid for the case reporter being present, there is nothing for anyone coming behind me and picking up where we left off if I were to end up in jail the next four and a half years..?
Sincerely yours,
Jim Ed
***
Ian, this is Donna Avery Devine in Arkansas! James Avery is my little brother and what can you tell me about him and how did you meet him!
On Oct 13, 2017, at 9:56 PM, James Avery <jeaverydvm87@att.net> wrote:
Sent from my iPhone
On Oct 13, 2017, at 9:56 PM, James Avery <jeaverydvm87@att.net> wrote:
Hello Ian,Almost missed the appointment myself!Didn't anticipate the amount of traffic that would be on the road at that time of the day. Then, knowing that my exit off I-20 West was coming up, got in the right lane and ended up getting boxed in and onto I-75/85 South instead. After taking the first exit off then back onto I-75/85 North just to get back onto I-20 West, I ended up being on I-20 West with the exit I missed now somehow gotten to the East of me. Once I got onto I-20 East, no trouble the rest of the way except for being 15 minutes late.Then comes the evaluation."I wouldn't call it that. I have a sign in my front yard that says [DEAD MAN WALKING/DEATH OF A SALESMAN]. It started at $70,000.00. We're now down to $6,000.00. As everyone is waving goodbye to me as they drive by, although technically a suicide, it's really a crime scene."~(Simply Jim I Am)~Already irritated he had not been getting the usually predictable brief answers to any of his routine questions (this sound familiar?), it was when coming to the question asking me if I had any thoughts harming myself throwing him for a loop."You do know that I have the capabilities taking steps having you committed!"~(AACS Evaluator Jacques Khorozian)~"Well don't do it now! At least wait until the money runs out first!"~(Simply Jim I Am)~Long story short...
***
Hello Ian,
First!
Wouldn't surprise me if maybe you are now regretting becoming involved with my story And I most certainly will understand if you, your parents, even your school , should decide at any point ending your involvement with my (our) story.
Having said this!
You are more than welcome emailing, interviewing, filming, etc. with my sister all you want. After all, you did ask about my family during your filming of the interview. Even see if you can get my brother's phone number and call him if you like. Except for that one question about our mother I had asked of my brother the time he brought her back for my hearing before a judge(?) when involuntarily committed with my mother and sister's help to Georgia Regional Hospital, me and my brother David have not talked in years. Would be very interesting seeing how that interview turning out like? However I highly doubt he would even be willing to be interviewed. But if you do, keep in mind he is hearing impaired the same as me; only five years older.
And this age difference is important.
"I did the least mothering with you, but you were the one turning out the best."
~(Our Mother)~
"I tell my friends you were my favorite, but you were the one getting away."
~(Our Mother)~
"Is it wrong that I don't want my son to be gay."
~(Our Mother)~
"I try hard to love my children."
~(Our Mother)~
SON'S A SON UNTIL HE GETS HIM A WIFE; DAUGHTER'S A DAUGHTER ALL HER LIFE.
(a favorite quote hearing our mother saying many times)
+
EXPERIENCE IS JUST NATURE CRUEL WAY OF GIVING THE EXAMS FIRST FOLLOWED BY THEIR LESSONS
As there's is a learning curve for anyone becoming a parent, try imagining what this learning curve might be like for a parent having a child with some type of disability. And I credit this age difference between me my brother and my sister enabling me becoming aware how I benefited from this learning cure; my brother being the first of two sons having hearing impairments.
And it helps seeing this difference when having a homecoming queen for a big sister.
Now!
I wanting to let you know that you are under no obligation answering to my sister. Ignore her if you like!
Sincerely yours,
Jim Ed
P.S.
|
Donna! Because of the difficulties/challenges I've faced as a hearing impaired person, believe I'm beginning to understand why David behaves the way he does around you; you are just too busy being popular or however way it is you keep yourself busy to even be able giving thought to the lives others might be living. In fact, may be the reason why you prefer keeping yourself so busy!
***
Not sure exactly why I am being copied on all this, but I think I would prefer not receiving any more – thank you.
Timothy Albrecht, Emory University
Professor of Music
Professor of Church Music
Emory University Organist
talbrec@emory.edu
Life Member
“Wasch mir den Pelz, aber mach’ mich nicht naß”
From: James Avery <jeaverydvm87@att.net>
Reply-To: James Avery <jeaverydvm87@att.net>
Date: Thursday, October 19, 2017 at 5:11 PM
To: "donna.devine@sbcglobal.net" <donna.devine@sbcglobal.net>, I.E.
Cc: "J. Adams" <jladams@dekalbcountyga.gov>, Timothy Albrecht <talbrec@emory.edu>, Church Council Leadership Lay Leader Carol Allums <THEALLUMS5@GMAIL.COM>, "Kristy Aspinwall MS., LPC, MAC, CCTP, NCC" <kaspinwall@cccgeorgia.org>, kristy baranik <katnippr@hotmail.com>, Foundations Class Jamie Barber <jbarber@seligenterprises.com>, Church Council Leadership Chair Tara Bartelt <TCBARTELT@BELLSOUTH.NET>, Faith Seekers Jerry Becker <jerryB390@aol.com>, "Boice, G Gordon" <g.boice@emory.edu>, Christian Boone <cboone@ajc.com>, "Bugge, John M" <engjmb@emory.edu>, Rainbow Advocacy Group Co-Chair Bill Clark <BCLARK@GTLA.ORG>, Rainbow Advocacy Group Co-Chair Robin Clark <ROBINCLARK@GATRIALLAWYERS.NET>, Tonza Clark <tonzaclark@dekalbcountyga.gov>, Youth Director Jess Cusick <jcusick@stmarkumc.org>, "Music Director Dr. Steven Darsey" <SDARSEY@GLENNUMC.ORG>, Probation Supervisor Jumaane Davis <jhdavis@dekalbcountyga.gov>, Denise Dillon <denise.dillon@foxtv.com>, Mark Dorfman <mark.dorfman@bluepearlvet.com>, Bob Duckworth <ROBERTD@DEKCSB.ORG>, "Rev. Beveryly Elliot" <bev@stbartsatlanta.org>, "Elliott, Cheryl D" <CELLIOT@emory.edu>, Gary England <gary@clairmontpres.org>, "Rev. Jill Evans" <office@emorypresbyterian.org>, Rabbi Ilan Feldman <rabbi@bethjacobatlanta.org>, Rabbi Emanuel Feldman <menahem2@012.net.il>, "First United Methodist Church of Prescott, Arkansas" <Prescottfumc@centurylink.net>, Commissioner Kathie Gannon <kgannon@dekalbcountyga.gov>, Whitney Gibbs <wgibbs@dekalbcountyga.gov>, Robert Givens <Robert.givens@mac.com>, GODHATESFAGS <ChosenOfTheLordAndPrecious@wbcstuff.com>, Minister of Missions and Outreach Jennifer Hansen <jhansen@stmarkumc.org>, "Harper, John" <john.c.harper@emory.edu>, marybeth hayes <mhayes@cccgeorgia.org>, Mary Hinkel <hinkelfamily21380@earthlink.net>, Medlock Bridge Animal Hospital <mbah.vet@gmail.com>, "Code Enforcement Officer M. Housworth" <Mhousworth@dekalbcountyga.gov>, "Rev. Sue Howe" <Prescottfumc@centurylink.net>, Minister for Worship and Missions The Reverend Brent Huckaby <BHUCKABY@GLENNUMC.ORG>, Tracye Hutchins <tracye.hutchins@cbs46.com>, "Hylen, Susan" <susan.hylen@emory.edu>, Marcus Kellum <mkellum@dekalbcountyga.gov>, Senior Pastor Beth LaRocca-Pitts <bethlp@stmarkumc.org>, katrin lavell <kattisan@comcast.net>, "LeMon, Joel" <jmlemon@emory.edu>, Live 'N' Learn Reid Mallard <RAMALLARD@MINDSPRING.COM>, Interactions Class Matthew Malok <wwhittaker1@bellsouth.net>, Public Defender Marian Maloney <memaloney@dekalbcountyga.gov>, "Manns, Thomas" <TMANNS@emory.edu>, Mason Mill Civic Assosciation <civicassn@masonmill.org>, Ingrid McGaughey <IJMCGAUG@DEKALBCOUNTYGA.GOV>, "Meeks, Mike D" <MDMEEKS@emory.edu>, Glenn Next Community Dena Mellick <DMELLICK@HOTMAIL.COM>, Cathy Mobley <CMOBLEY@GLENNUMC.ORG>, "Sandra Mullins MDiv." <smullins@cccgeorgia.org>, Ecko Class Irene Neely <IJNEELY@DHR.STATE.GA.US>, Minister of Social Justice and Evangelism Josh Noblitt <jnoblitt@stmarkumc.org>, "Noonan, Patrick S." <patrick.noonan@emory.edu>, Vision Class Harvey Oaxaca <harveyoaxaca@hotmail.com>, Officer Lorena <blorena@dekalbcountyga.gov>, "Rep. Mary Oliver" <mmo@mmolaw.com>, Elena Parent <elena@elenaparent.com>, Kim Passoth <kim.passoth@cbs46.com>, Minister for Children and Older Adults The Reverend Susan Pinson <SPINSON@GLENNUMC.ORG>, "Pinson, Mathew A" <MAPINSO@emory.edu>, Fred Pitts <Fred@clairmonthills.org>, "Carol Pitts, Ph.D, LMFT, LPC, CPCS, AAMFT Clinical Member & Approved Supervisor, AAPC Diplomate" <cpitts@cccgeorgia.org>, Kaitlyn Pratt <kaitlyn.pratt@foxtv.com>, Jeff Rader <jrader@dekalbcountyga.gov>, Dante Renzulli <dante.renzulli@cbs46.com>, Finance Assistant Allen Roark <AROARK@GLENNUMC.ORG>, "Senior Pastor The Reverend Dr. P. Alice Rogers" <AROGERS@GLENNUMC.ORG>, Church Council Leadership Lay Leader Andy Rogers <ANDYROG@BBELLSOUTH.NET>, Hospitality Chair Carolyn Roper <CAROLYN.ROPER@YMAIL.COM>, "Runyon, Cynthia G." <libcgr@emory.edu>, Public Defender Claudia Saari <cssaari@dekalbcountyga.gov>, Patrick Saunders <psaunders@thegavoice.com>, Minister for Youth and Hospitality The Reverend Blair Setnor <BSETNOR@GLENNUMC.ORG>, "J. Silver" <jsilver@dekalbcountyga.gov>, Laura Smallwood <lsmallwood@sfvs.com>, "Soulen, Richard K." <kendall.soulen@emory.edu>, Environmental Committee Chair Lynn Speno <LYSPENO@GMAIL.COM>, Business Administrator Bill Spinks <BSPINKS@GLENNUMC.ORG>, Public Defender Lauren Stadalius <lstadalius@dekalbcountyga.gov>, State Court of DeKalb County Clerk's Office <dcsctdinfo@dekalbcountyga.gov>, Director of Children's Ministries Sheilia Stephens <sstephens@stmarkumc.org>, "Rev. Owen Stepp" <owen@clairmontpres.org>, Kim Stewart <kimsteam@hotmail.com>, "Rev. Kimmy Stokesbary" <kimmy@clairmontpres.org>, "Strawn, Brent" <bstrawn@emory.edu>, "William "Mac" Thigpen III" <mac@stbartsatlanta.org>, Glenn Vasser <vasserbarber@centurytel.net>, "C. Zellars" <bczellars@dekalbcountyga.gov>
Subject: Re: Defendant 1840 Mason Mill Road
Hello Ian,
First!
Wouldn't surprise me if maybe you are now regretting becoming involved with my story And I most certainly will understand if you, your parents, even your school , should decide at any point ending your involvement with my (our) story.
Having said this!
You are more than welcome emailing, interviewing, filming, etc. with my sister all you want. After all, you did ask about my family during your filming of the interview. Even see if you can get my brother's phone number and call him if you like. Except for that one question about our mother I had asked of my brother the time he brought her back for my hearing before a judge(?) when involuntarily committed with my mother and sister's help to Georgia Regional Hospital, me and my brother David have not talked in years. Would be very interesting seeing how that interview turning out like? However I highly doubt he would even be willing to be interviewed. But if you do, keep in mind he is hearing impaired the same as me; only five years older.
And this age difference is important.
***
Hello Dr. Albrecht,
I'm trying to tell a story about our "United" Methodist Church; a trilogy involving the First United Methodist Church of Prescott Arkansas population four thousand growing up with the first eighteen years of my life, St. Mark United Methodist Church Downtown Atlanta eighty percent LGBT briefly attended up until presented a letter of criminal trespassing by two uniformed police officers hired as extra security in the immediate aftermath of SCOTUS legalizing same sex marriages, and Glenn Memorial United Methodist Church my adopted neighborhood on the Liberal Arts and Science campus of secular Methodist Emory University with whom it is my understanding that I'm having an active file with the Emory Police not allowed to copy or even inspect.
And I'm finding it interesting the timing of your email requesting that your name be removed off my mailing list. Extremely interesting as my mother credits Martha Culpe, the Methodist Church organist as well as both mine and David's fourth grade math teacher, with playing a major role in supporting my parents decision sending my brother David away those three years to the St. Louis School for the Deaf..
There's a lot more to this story.
And writing is not my talent as it takes me forever getting my thoughts down in words.
And I'm never happy with the results.
You might could say that I have an Expressive Language Disorder.
Maybe you would be kind enough letting me telling you the rest of my story with our Methodist Church Organist Martha Culpe and her husband who worked the failed Savings and Loan Bank, her sister Methodist Youth Choir Director Betty McKenzie and her lawyer husband who helped with my parents estate planning, Methodist Church Choir singer/third grade math teacher Ann Pounds and her pharmacist husband, etc.... in person. Maybe even allow ninth grade film student Ian filming this interaction with his camera.
They say it's hard to do the right thing. It's not hard doing 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 women this day and age our half of the world I would like to add, is not without sin. They admit; then expiate.
If there is one thing I'm certain of as it relates to "defendant" behavior and his "inappropriate" signage 1840 Mason Mill Road; it's not me who's not doing the right thing.
There's definitely a story here from which we could all learn. However I'm coming to the realization it will never be me "Abel" the one telling this story.
Or at least allow me permission having your name remaining on this mailing list.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
P.S. Obviously Mrs. Meeks was not a member of The First United Methodist Church of Prescott, Arkansas. However my mother keeps bringing up how much I just loved having Mrs. Meeks as my 2nd grade math teacher!
Music? Math? Aren't they sort of the same thing?
On Thursday, October 19, 2017 5:28 PM, "Albrecht, Timothy E" <talbrec@emory.edu> wrote:
Not sure exactly why I am being copied on all this, but I think I would prefer not receiving any more – thank you.
Timothy Albrecht, Emory University
Attachments
- November 6th, 2014 The Story (138).JPG (6.73MB)
- November 6th, 2014 The Story (148).JPG (6.62MB)
- Elementary and Middle School.jpg (332.82KB)
- 4thjuly09 013.jpg (406.39KB)
- October 16, 2017 jawbreaker 086.JPG (6.73MB)
***
Hello Ian,
Just wanting to verify whether or not you still are planning on being present my upcoming revocation hearing November 2nd?
Plus... I did manage receiving an audio recording of code compliance hearing this past October 17th. There's not much on this recording of any interest really, except, the microphone did pick up me asking Probation Supervisor Officer Davis for a copy of this email he mentioned receiving from Chief Executive Officer Jacques Khorozian of American Alternative Court Services as to why the court ordered substance abuse evaluation I scheduled with them was not completed?
Even stopped by Officer Davis' office the day I picked up this audio recording from Clerks Office same Camp Circle complex and leaving a message for Officer Davis with another probation supervisor about wanting a copy of this email and that it was imperative I've a chance speaking with him before this upcoming revocation hearing about how my Public Defender Ingrid McGaughey continues... STILL... being dismissive of anything I'm having to say our past Friday meeting discussing my case! Meetings she persistently refuses allowing me recording in the name of Attorney/Client privilege over my continued objections..?
Yet to receive, even hear, anything from my Probation Supervisor Officer Davis as well?
However....
I'm believing I noticed a change in their behavior, most especially that of our Honorable Judge McCoyd, this past code compliance hearing? And I thinking it may have had something to do with your presence in the galley? My public defender's behavior suggesting your documentary about me could jeopardize my case was predictable. She would rather me in jail than attention brought to her in any way.
So...
I do hope you and as many as you are able bring with you will be present again at this upcoming hearing?
Also...
Would it be possible of us getting together one more time before this upcoming revocation hearing; which, by the way, could theoretically end up being four years in jail? I was hoping I could get you filming me speaking about this upcoming trial for my own use uploading to my blog before the trial as it may be my last opportunity? We can even us my camera instead. But you are welcome using your equipment, in case you may want using some of it in your documentary, as long as we are able keeping the moment unscripted. Felt a little boxed in the way we did the interview. Apparently not the medium/setting I'm comfortable.
Sincerely yours,
Jim Ed
Attachments
- cat fish baby and water matter antimatter tater toti CONFLICT.jpg (188.88KB)
- seusssmall1iTTRRR6y.jpg (1.37MB)
- DONT STEP ON A DUCK JOKERRRrreeg.jpg (655.06KB)
- show us your willyiggtt.bmp (8.78MB)
- -We count them happy which endure IIir.jpg (129.79KB)
***
Hello Mr. Avery,
Due to the fact that the Nov. 2 trial begins at 9:00am, I would have to skip an entire day of school which I can't do.
Would it be possible for you to send a copy of the audio recording from the October 17 hearing to me?
Would it also be possible to do the filming of you talking about the upcoming hearing on Wednesday at 5:00? I will film on my camera. The only problem is that I wouldn’t be able to do more than an hour of filming since I have an activity afterwards. Also during this meeting, would it be possible for me to get some of the family photos from your computer to use in the documentary?
Ian
***
Hello Ian,
This is the first time I've emailed an audio file. Hope this works.
Wednesday 5:00 pm is fine.
And I'm assuming you are going to choose which family photos you are wanting to use from my files this coming Wednesday? Or do you already have certain photos in mind I can email to you before our filming Wednesday?
Sincerely yours,
Jim Ed
Attachments
- Transcript Code Compliance Hearing October 17, 2017 - 171017_144254_MZ001.mp3 (16.61MB)
***
Filmed
Wednesday November 1, 2017
Georgia Innocence Project
:
Essential only as much as the effort put into it?
My attempt calling out our lawyers as being complicit
(both the cause as well as the answer)
to the problems of America's fierce partisan politic of today.
***
Hello Mr. Avery,
How did the hearing go? I'm sorry that I couldn't make it, but I hope that everything turned out okay.
Also, did they record the hearing? Were you able to find someone for your transcription of the hearing?
Ian
***
Hello Ian,
Well I not in jail yet!
However the hearing did become somewhat tense?fierce? contentious in a back in forth between my public defender and prosecuting attorney over whether or not I should be mentally evaluated first by the state; and what to do with me until this evaluation? Normally the state does not get involved with misdemeanor cases. So, while Law Office of Public Defenders DeKalb County works on resolving this issue, the prosecuting attorneys representing my Mason Mill neighbors' (EMORY?) interests, wanted me at least confined to Georgia Regional Hospital until this evaluation.
And although I tried, no one, absolutely no one cared to hear anything I was wanting to say!
It was all nothing but two lawyers completing with each other over technicalities; nothing about the person at the center of this all.
Now I'm just waiting to hear from them where and when I should report for this evaluation if able resolving this issue or reporting for another hearing.
"I don't understand why I can't just accept responsibility for half of Dylan Roof, Adam Lanza, and Omar Mateen's crimes and be put down? That's enough victims for us receiving the death sentence. I will even pay for it! Based on their behaviors (referring to the roughly ten neighbors of mine having shown up for this hearing along with the judge, prosecuting attorneys, code enforcers, clinical directors both CCCG and AACS, etc.), I AM... able justifying their actions."
From what I'm hearing so far from my public defender, which is pretty much nothing, I not very hopeful about this upcoming revocation hearing as she apparently hears nothing I'm saying.
Anyway, there is suppose to be an audio recording of this hearing available. Plan on seeing if I'm able receiving a copy this coming Monday.
There was no case reporter present.
Sincerely yours,
Jim Ed
***
Forgot to add Petition for Probation Revocation to previoius email.
Attachments
- November 3, 2017 ebullient 001.JPG (6.54MB)
- Pretition for Revocation of Probation.jpg (2.07MB)
- November 3, 2017 ebullient 017.JPG (6.78MB)
- November 3, 2017 ebullient 022.JPG (6.72MB)
***
Hello Ian,
Been dragging my feet here. Sorry.
Here's the link to blog entry where you will find audio recorded transcript (Part 1 and 2) from this past November 2, 2107 probation revocation hearing:
|
As I've been unable figuring out how uploading MP3 files directly to my blog, I used my camera filming Annabelle the Sheep grazing on my desktop screen as I played back these files using Realplayer.
Let me know if this doesn't work? You are more than welcome copying these MP3 files the same as we had done you a copy of my family pics.
Sincerely yours,
Jim Ed
***
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Ian
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Hello Mr. Avery,
Sorry about the late response. I’ve been on Thanksgiving break without internet connection and came back and am studying for finals. Sorry to hear about the DeKalb Mobile Crisis Unit. Also, thank you for sending the audio recordings of the hearing.
Would it be possible to schedule some sort of filming in the near future?
Ian
***
Hello Ian,
Good to hear from you.
Not a problem.
Do you have anything in mind you were wanting to film? Or just whatever I'm in the mood babbling about that particular day?
I've already met November 30th with a Dr. Peggy Flanagan from Department of Behavior Health and Developmental Disabilities for a competency evaluation. We are still waiting on her report before they even schedule a court date. So the story goes...
Anyway, I"m going no where this holiday season so whatever date works for you.
Sincerely yours,
Jim Ed
P.S.
Almost forgot!
Emory Police showed up at my place this past Wednesday afternoon presenting me with a Criminal Trespass Warning for all of Emory University and affiliated properties. Appearing our God of the Methodists having an impenetrability problem!
***
Hello Ian,
Hope your holidays went well.
Was just curious if you might have anything new able showing me?
Sincerely yours,
Simply Jim
***
Hello Mr. Avery,
Sorry for the late response. I've been caught up with finals and winter break. I don't really have anything new, but I would like to do some more shoots of your signs and you being yourself. I can't really do anything this month due to a busy schedule, but maybe in February.***
Hello Ian,
No need to apologize. I completely understand.
Supposedly the hearing coming up January 30th, 2018 is just a status update hearing. However, I'm having trouble getting my public defender answering as to whether or not there is any possibility of me having to go straight to jail and/or involuntarily committed resulting from this hearing? Not only is she dismissive of everything I'm having to say,, that's all she does, just dismisses everything I'm having to say. She volunteers nothing!
Anyway, may I have your permission uploading your short film verite project 'Love thy Neighbor' to my blog? It may be my last chance.
Sincerely yours,
Simply Jim
Attachments
- January 15, 2018 nonviolence 006.JPG (6.47MB)
- January 15, 2018 nonviolence 066.JPG (6.62MB)
- January 15, 2018 nonviolence 136.JPG (6.52MB)
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Hello Mr. Avery,
Do you know the time of the upcoming hearing? I’m not sure whether I will be able to go.
Regarding your request for permission to use my short film, unfortunately, I cannot give you permission to upload it to your blog (or in any other public form) because it contains copyrighted material and it will prevent me from submitting to film festivals.
Ian
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Hello Ian,
The hearing is scheduled for 2:00 pm tomorrow afternoon same court room E. Cases are scheduled in blocks so may not even be the first case the judge hears. And the judge himself was once 2 hours late. That's all I'm able telling you about tomorrows hearing. My public defenders still doesn't even know if this is just a status update hearing or the probation revocation hearing resumed..?
When I didn't hear from you in what I thought a reasonable amount of time, I went ahead and uploaded the short film verite to YouTube. I have it locked at the moment for private use only. When you say copyrighted material, I'm assuming you are referring to the background music...Dead Voxel? What if I uploaded without the background music but provided a link to Dead Voxel while leaving the it's credit listing in the short film?
Sincerely yours,
Simply Jim
P.S.
You have to admit just the title along... Dead Voxel... pretty ironic if languishing in jail..?
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Hello Mr. Avery
I'm afraid that I can't make it to the hearing today. Hopefully you can tell me how it goes and good luck!
As for the verite film, it was intended for your personal viewing, so please do not share with anybody. There are also several reasons why it cannot be uploaded and I would appreciate it if you would remove it from YouTube or any other place available to the public.
I will keep you posted on how the project is going.
Good luck with your hearing,
Ian
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Hello Ian,
Probation revocation hearing scheduled to resume 9:00 AM February 12, 2018 same Courtroom E Camp Circle Complex. If I'm able getting a copy of court's audio recording of this past January 30th status update hearing, will send you a link to my blog once uploaded.
The YouTube video of your short film verite has been removed.
Sincerely yours,
Simply Jim
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Hello Mr. Avery,
***
I saw that you went to jail in February and recently got out. I was wondering if you would like to meet in the near future to film and catch up on what happened.
I plan to finish most of the filming for the documentary by the end of the school year and use my summer break for editing.
Ian
Hello Ian,
Had been in jail February 12th thru March 5th (short of the 30 days sentence resulting from first probation revocation hearing February 12, 2018); again April 10th thru June 14th (longer than the sixty days sentence resulting from my second probation revocation May 15, 2018 minus the thirty-five days already served).
Is it fair calling someone's problem a crime when the trigger for their mental health issues and/or drug addiction are the congeniality bias both survivors and confirmation of others? Is this fair!
Selective exposure is a theory within the practice of psychology, often used in media and communication research, that historically refers to individuals' tendency to favor information which reinforces their pre-existing views while avoiding contradictory information. Selective exposure has also been known and defined as "congeniality bias" or "confirmation bias" in various texts throughout the years.
According to the historical use of the term, people tend to select specific aspects of exposed information which they incorporate into their mindset. These selections are made based on their perspectives, beliefs, attitudes and decisions. People can mentally dissect the information they are exposed to and select favorable evidence, while ignoring the unfavorable. The foundation of this theory is rooted in the cognitive dissonance theory, which asserts that when individuals are confronted with contrasting ideas, certain mental defense mechanisms are activated to produce harmony between new ideas and pre-existing beliefs, which results in cognitive equilibrium. Cognitive equilibrium, which is defined as a state of balance between a person's mental representation of the world and his or her environment, is crucial to understanding selective exposure theory. According to Jean Piaget, when a mismatch occurs, people find it to be "inherently dissatisfying"
Confirmation bias, also called confirmatory bias or myside bias, is the tendency to search for, interpret, favor, and recall information in a way that confirms one's preexisting beliefs or hypotheses. It is a type of cognitive bias and a systematic error of inductive reasoning. People display this bias when they gather or remember information selectively, or when they interpret it in a biased way. The effect is stronger for emotionally charged issues and for deeply entrenched beliefs. Confirmation bias is a variation of the more general tendency of apophenia.
Apophenia is the tendency to perceive connections and meaning between unrelated things. Confirmation bias is a variation of apophenia. The term (German: Apophänie) was coined by psychiatrist Klaus Conrad in his 1958 publication on the beginning stages of schizophrenia. He defined it as "unmotivated seeing of connections [accompanied by] a specific feeling of abnormal meaningfulness". He described the early stages of delusional thought as self-referential, over-interpretations of actual sensory perceptions, as opposed to hallucinations.
Survivorship bias or survival bias is the logical error of concentrating on the people or things that made it past some selection process and overlooking those that did not, typically because of their lack of visibility. This can lead to false conclusions in several different ways. It is a form of selection bias.
Anyway!
As I was supposed to report to Probation Supervisor Officer Jumaane Davis within 48 hours of release for the continuation of random drug screening along with the addition of anger management, I'm already in violation of the new terms and conditions their ...DEKALB COUNTY/EMORY UNIVERSITY...probation agreement I refused signing my May 15th probation revocation hearing; #$%@# joke guaranteed to fail anyway as they still refusing to even hear/consider what I'm genuinely believing the only way of helping me with the crystal meths addiction.
If our DeKalb County Courts are going to continue refusing allowing me the opportunity of us discussing thoroughly the contents of these signs of mine on an open forum first ...a non-criminal fact finding hearing justice; then the only reasonable alternative would be for them allowing me the option of seeking their court ordered substance abuse evaluation?treatment?counseling at a facility that is...MY...choice!
The one located down the street from my home...THEIR... Emory neighborhood!
Most especially if I'm the one they are expecting to cover the cost of these counseling session!
Sincerely yours,
James E. Avery, DVM
P.S.
Sorry taking so long replying back to Ian. If you are still wanting to do more filming/interviews, just let me know the times that are convenient for you.?
Just keep in mind that I am already in violation of their probation agreements; warrant for my arrest happening at any time. And I will not be allowed the opportunity tying loose ends first.
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Hello Mr. Avery,
I’m really sorry to hear about that. I had no idea that you went back to jail.
I am still working on my documentary and would definitely be interested in catching up on what has happened and doing another interview and getting some other footage. Would you be able to do this Saturday at 1:00? Just let me know what I should refrain from filming if anything can get you in trouble.
Thanks,
Ian
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Hello Ian,
Again, there may be a warrant for my arrest. If that should happen, I will be unable cancelling the interview.
Otherwise, this coming Saturday at 1:00 pm is fine with me.
You can send a text Saturday morning to my phone number, (404)788-9263. If I do not reply, you can try texting Jason, my housemate at his (770)331-1777.
Sincerely yours,
James E. Avery
Hello Ian,
Just received an email from my probation supervisor Officer Jumaane Davis directing me to report with them their Probation Department downtown Decatur this coming Monday July 2nd at 10:00 AM.
This time he said, "Please!"
How sweet of him!
Anyway, believe we are good for our meeting tomorrow Saturday June 30th, 2018 at 1:00 PM.
Sincerely yours,
James E. Avery, DVM
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Hello Mr. Avery,
Thanks for letting me know.
See you tomorrow,
Ian
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