Hi Mr. Avery,
Please see the email below. You have a court date next Tuesday, January 31, 2017 at 2:00 pm in courtroom E of the traffic court building (where all the other court hearings were before your trial--not the courthouse downtown). Judge McCoyd wants to go over your probation terms with you. Please let me know if you have any questions, otherwise, I'll see you next Tuesday.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
Please see the email below. You have a court date next Tuesday, January 31, 2017 at 2:00 pm in courtroom E of the traffic court building (where all the other court hearings were before your trial--not the courthouse downtown). Judge McCoyd wants to go over your probation terms with you. Please let me know if you have any questions, otherwise, I'll see you next Tuesday.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
From: Hathorn, Hope
Sent: Tuesday, January 24, 2017 3:07 PM
To: Gibbs, Whitney
Cc: Holloway, Lakeisha
Subject: SERVICE OF COURT DOCUMENT – 028313, STATE OF GEORGIA vs. AVERY, JAMES E
Sent: Tuesday, January 24, 2017 3:07 PM
To: Gibbs, Whitney
Cc: Holloway, Lakeisha
Subject: SERVICE OF COURT DOCUMENT – 028313, STATE OF GEORGIA vs. AVERY, JAMES E
Good afternoon,
Judge McCoyd would like for Mr. Avery’s case to be set for Tuesday 1/31/2017 at 2pm in order to explain his probation sentence.
Thank you,
Hope Hathorn
Deputy Clerk II
Magistrate Court of DeKalb County
State Court of DeKalb County – Traffic Division
hhathorn@dekalbcountyga.gov
Attachments
- Notice_of_Appearance.PDF (164.24KB)
***
Hello Whitney,
Hello Ingrid,
Keeping this one short.
How do I go about getting a copy of transcript from January 20th court hearing?
How do I go about getting a copy of any audio/video recordings available from any of all my court appearances?
Also,
hoping one of you would be willing inquiring on my behalf into why Code Enforcement Division has one file still open since April 2016 that I'm unable receiving a copy or even inspecting?
Was able getting copies of rest of folder Thursday afternoon; including cases opened and closed since this one particular file?
Sincerely yours,
Simply Jim
***
Mr. Avery,
Do I have your permission to speak with your sister about your case?
Also, do you have any time today, possibly this afternoon, to discuss the hearing
tomorrow?
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
Do I have your permission to speak with your sister about your case?
Also, do you have any time today, possibly this afternoon, to discuss the hearing
tomorrow?
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
***
Hello Whitney,
Although intuition is telling me that I'm probably going to regret giving you permission speaking with my sister about my case, sure, go ahead. But no way am I allowing her having power of attorney over me she was requesting of me during our recent phone conversation!
Just remember, whenever speaking with my sister, just keep up front and center at all time, that she been to San Francisco, but, "OH NO! We didn't...GOOOO...to California! Just San Francisco!" And that she still loses the Civil War...EVERY TIME...before the movie is even over!
And yes, I am available discussing our upcoming meeting with Judge McCoyd this afternoon with you. What time convenient for you anytime 1:30 pm or after?
Simply Jim
Mr. Avery,
Ok, that sounds good. I have court at 2:00 pm, so I'll give you
a call after I get out of court.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
Ok, that sounds good. I have court at 2:00 pm, so I'll give you
a call after I get out of court.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
***
Thank you for your donation to Georgia Innocence Project
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For questions about this transaction, please contact gip@georgiainnocenceproject.org.
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No goods or services were received in return for this gift. Georgia Innocence Project is a 501(c)(3) charity.
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Attachments
- logo.png (190.09KB)
***
Hey James,
Thanks for calling today, it was really good chatting with you today, you raised a lot of interesting points in our conversation.
Not sure you still want to donate, but if so here's an alternative link to our donation page: igfn.us/f/147w
***
Hey Matt,
Enjoyed our conversation as well.
I'm surprised you were still willing to accept this donation after hearing the unusually negative reasons behind me doing so.
Anyway, $10,000.00 donation in memory of my father Charles Denson Avery, M.D.(who would not have approved) has been sent.
Let me know if this attempt didn't get accepted either.
Sincerely yours,
James E. Avery
P.S.
Thought you might find the 1987 LSU-SVM graduation pic of me with my Mother, Father, Sister, Two Niece, and Aunt Jeanette interesting. Thought it unusual that all those on my left had or having to work while all those on my right still do not. Like I told my mother and sister, although Atheist, at least I'm able pretending that I believe in Purgatory. In other words, we could pretend that we don't get into heaven until we get Dad through that gate first. So I deposited the $14,000.00 gift check given to me by my mother to my account, then turned right around donating $10,000.00 of it to GIP. Both my mother and sister are extremely unhappy about this. They both are completely unable understanding that it's because of this money we not only let our workaholic father work himself into an early grave that making it possible for them?us not having to work, it's also this money that's making it harder, rather impossible,getting me who really should be working off and away from this crystal meths addiction of mine. And this is where our less than honorable Judge Matthew McCoyd is proving himself to be quite a hypocrite actually. But apparently I've never going to be able finding anyone backing me up on this observation of mine.
"Happy people seldom concern themselves with the future."
Attachments
- December 26th, 2016 iSAIAH 9.jpg (215.41KB)
- April 28th, 2016 Got Two Only Need One 090.JPG (6.43MB)
- dvmgraduation87.jpg (189.21KB)
Hello Whitney,
Hello Ingrid,
During yesterday's hearing before Judge McCoyd regarding terms of Probation, there was an exchange/disagreement between Whitney and Judge McCoyd regarding my competency...?
com·pe·tence
ˈkämpədəns/
noun
noun: competency
- 1.the ability to do something successfully or efficiently."the players displayed varying degrees of competence"
synonyms: capability, ability, competency, proficiency, accomplishment, expertise, adeptness, skill,prowess, mastery, talent; More - 2.datedan income large enough to live on, typically unearned."he found himself with an ample competence and no obligations"
VS
in·com·pe·tent
inˈkämpədənt/
adjective
- 1.not having or showing the necessary skills to do something successfully."a forgetful and utterly incompetent assistant"
synonyms: inept, unskillful, unskilled, inexpert, amateurish, unprofessional, bungling, blundering,clumsy, inadequate, substandard, inferior, ineffective, deficient, inefficient, ineffectual,wanting, lacking, leaving much to be desired; More
noun
- 1.an incompetent person.
And that was all I was able catching of this exchange; even with Whitney standing close beside me and Judge McCoyd seated directly in front of us.
So I"m hoping I'm able getting Whitney repeating, as well as expanding upon, her characterization of her use of the word "incompetent" and Judge McCoyd referencing of Georgia Regional Hospital.
Personally, definitely believing I've a chance displaying exceptional competency once paired with someone willing an effort working with me by stepping in where I fall short instead of one so calmly dismissive and indifferent of anything and everything I have tried discussing with her. Also one still refusing allowing me recording our conversation in spite of my insistence this would definitely be in my best interest; evidence lost!!!! In your favor!!!
Also wanting to remind you that I had requested copies of all notes, communications, investigations, etc. relating to my case; to which you replied you were willing to do except for certain types of information. I am still wanting copies of all of anything you are able releasing to me as well as description and reason for records not release to me.
Sincerely yours,
Simply Jim
P.S.
Georgia Innocence Project decline my $10,000.00 donation, but will try again.
Here are the links to blog articles relating to this donation had you reading yesterday during our case status hearing.
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http://minusfleshequalswaterandspirits.blogspot.com/2017/01/georgia-innocence-project-questions.html
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http://minusfleshequalswaterandspirits.blogspot.com/2017/01/case-status-hearing-update-tuesday.html .
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I'm not trying to effect a favorable treatment of my case from Judge McCoyd! If anything, only pissing him off more. Only showing him an example of how I consider myself a progressive who's learning what works and what doesn't work by being confrontational. By donating $10,000.00 of my deceased fathers hard earned / 100% pure Methodist Justified money to GIP nothing more than me telling Judge Matthew McCoyd, also one of GIP many founding members; not only will I not approve of his using is association with this non-profit organization as his cognitive dissonance reduction at my expense without my consent, I'm also expecting of GIP not only improving the speed and cost of clearing our jails of the wrongly accused as I'm able seeing no good reason for the necessity of GIP being so "essential" for much longer considering all the work had been done already as they will not take on a client until they certain it can be won. Also I feel it unjust that the accused not only has to be the one reaching out to them requesting heir help, has to be ...you know what?
Since I'm so incompetent...
JUST READ IT YOURSELF!
Inmate Q&A
INMATE Q&A
WHAT KINDS OF CASES DOES THE GEORGIA INNOCENCE PROJECT ACCEPT?
GIP investigates post-conviction criminal cases where modern DNA testing was not available at the time of trial. If there is a compelling innocence claim and DNA evidence remains available for testing, GIP litigates to test that DNA – and prove actual innocence. We have strict case acceptance criteria, all of which must be met before we can take a case:
- Your identity must be in question – meaning there must be a way to challenge someone’s identification of you;
- All direct appeals must be completed and no other attorney can be working on your criminal case right now;
- The alleged crime must have happened in Georgia or Alabama;
- You must have at least three years left on your prison sentence;
- There must be some evidence that has DNA or other biological material that can be tested to prove your innocence;
- You must claim to be innocent of all involvement in the crime. We cannot accept your case if:
- You believe you are not guilty because of accident, self-defense or a mental defense;
- You were convicted of a sexual assault for a sexual encounter that you say was consensual;
- You agree that you played any role in the crime, even a minor role; or
- You believe you should have been convicted of a different crime or should have a shorter sentence.
WHAT IS THE COST TO ME?
GIP provides legal services to clients free of charge, although some applicants may be asked to contribute to expenses related to investigation or testing.
HOW DO I APPLY TO THE GEORGIA INNOCENCE PROJECT?
You must submit your request to us in writing via U.S. Mail. We will only screen requests from the person convicted of the crime, not from friends or family members. Your letter should be clear and readable. Please include your name, contact information, and GDC or AIS number. Also include:
- A description of the crime you of which you were convicted. Include the key facts according to you and according to the state.
- A description of any physical evidence that still exists and might contain untested biological evidence. This might be sperm, semen, a rape kit, saliva, skin cells, blood or other biological material.
WHAT IS THE GEORGIA INNOCENCE PROJECT’S CONTACT INFORMATION?
Georgia Innocence Project
2645 North Decatur Road
Decatur, GA 30033
Phone: (404) 373-4433
www.georgiainnocenceproject.org
2645 North Decatur Road
Decatur, GA 30033
Phone: (404) 373-4433
www.georgiainnocenceproject.org
WHAT HAPPENS AFTER I APPLY TO THE GEORGIA INNOCENCE PROJECT?
We read every written request that we receive and try to acknowledge receipt within one week. Our goal during all review stages is to determine whether your case meets our acceptance criteria and whether we can prove your innocence. Given our strict case acceptance criteria, we reject approximately 90% of the initial requests for help that we receive. We also reject cases at any stage of review if we determine that we cannot prove your innocence. Given the complexity of these cases, and our current backlog, it takes at least three years for us to thoroughly investigate and litigate a case. It often takes longer.
Preliminary Stage – As soon as you write to us for the first time, you are given a unique GIP file number that stays with you permanently. We ask that you refer to that file number in all communication with GIP. During the preliminary stage, we will determine whether you meet our case acceptance criteria. If we have questions, we will send you a clarification letter and/or questionnaire. If it appears you meet our acceptance criteria, we will send you a 12+ page Application for Assistance and a Release of Information form. Upon receipt of that completed application and release, we will decide whether we can begin to screen your case for potential acceptance.
Screening Stage – During the screening stage, we try to determine whether we could prove that you are innocent. We do that by gathering information in stages and conducting reviews of your case at each stage. First we review your appellate documents and the official facts of your case. Then we try to locate any evidence that we could test. To find that evidence, we often need to contact prosecutors, police, crime labs, and courts, and file multiple open records requests. If we haven’t done so already, we then review your trial transcripts and police reports, and conduct any necessary investigations to confirm our ability to prove your innocence. This process takes a minimum of 1.5 years and can be expensive, as it often means re- investigating a case from scratch.
Active Stage – During the active stage, we represent you in a limited capacity. This may be to litigate DNA issues or for other specific reasons. We potentially draft and file motions, and appear in court on your behalf. Sometimes we work with volunteer attorneys who represent you or who help us. We may also conduct intensive, complex investigations and work with the media or government officials to educate the public about your case within the broader context of systemic criminal justice problems and innocence-related issues. This stage often takes at least 1.5 years.
WHAT IF I AM APPLYING FROM ALABAMA?
Alabama cases are difficult for many reasons. Post-conviction records are exceptionally hard to obtain in Alabama, and there is no specific post-conviction DNA testing statute except in capital cases. New evidence often must be brought before a court within six months of discovery, which can be extremely difficult and at times, impossible. Alacourt.com controls public court records in Alabama and charges exorbitant access fees, making the records virtually inaccessible to non-profits on tight budgets. Worse, sentences are very long in Alabama. Because Alabama has no local Innocence Project, GIP created an Alabama Initiative and started accepting cases from Alabama in 2007. GIP processes Alabama cases through the first stages with the goal of transferring the cases to pro bono Alabama criminal defense attorneys. Currently GIP is reviewing its Alabama Initiative by working with Alabama experts to address the concerns and needs of Alabama’s imprisoned innocent.
WITH WHOM WILL GIP COMMUNICATE ABOUT MY CASE?
We will always talk with you about your case. We prefer to communicate with you in writing so we have a record for your file, but we will also accept and/or make approved legal phone calls. Unfortunately, due to budget constraints, we cannot at this time accept collect calls from prison and it is our policy to not knowingly accept calls made from cell phones within prison. We will provide non-confidential status updates to one person about your case if your case is in the active stage and you give us permission in writing to speak with that one named person. That permission can be revoked at any time. Because GIP has many clients who are seeking help, we encourage you and your family to be patient and try not to call or write us unless absolutely necessary.
Long story short, since is such a Methodist Story needing to be told, we could all pretend my father is in PURGATORY?
That the GEORGIA INNOCENCE PROJECT can try helping me get my father as well as the rest of his family into heaven by all these lawyers admitting their part in having made projects such as GIP so "essential" in the first place. Then spending that money wisely.
***
Hi Mr. Avery,
I'm sorry that you didn't hear the exchange regarding your competency.
Both the judge and I stated that you should notify us, the judge specifically, if you couldn't hear, but you didn't mention that you couldn't hear.
I was simply renewing the formal objection to the trial happening based on our (meaning your mine, Ingrid, and the office social workers') belief at the time of trial that you were not competent. I was mainly placing that fact on the record.
I received the contact information for the court reporter for your trial.
I will contact her tomorrow to order the transcript and get the price for the transcript.
I imagine that she would need payment before completing or sending the transcript,
so as soon as I receive the pricing information, I will pass that along to you so that you can
get that payment to the court reporter.
The other court hearings have been recorded, so I will ask for those recordings, which are recorded on a USB drive.
I will work on having our paralegal copy your file so that you may have that.
I was saying that any notes of my own regarding your case are considered attorney work product, and I don't believe that you are allowed to have those, as a matter of ethics laws. But I will check with Ingrid on this matter.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
I'm sorry that you didn't hear the exchange regarding your competency.
Both the judge and I stated that you should notify us, the judge specifically, if you couldn't hear, but you didn't mention that you couldn't hear.
I was simply renewing the formal objection to the trial happening based on our (meaning your mine, Ingrid, and the office social workers') belief at the time of trial that you were not competent. I was mainly placing that fact on the record.
I received the contact information for the court reporter for your trial.
I will contact her tomorrow to order the transcript and get the price for the transcript.
I imagine that she would need payment before completing or sending the transcript,
so as soon as I receive the pricing information, I will pass that along to you so that you can
get that payment to the court reporter.
The other court hearings have been recorded, so I will ask for those recordings, which are recorded on a USB drive.
I will work on having our paralegal copy your file so that you may have that.
I was saying that any notes of my own regarding your case are considered attorney work product, and I don't believe that you are allowed to have those, as a matter of ethics laws. But I will check with Ingrid on this matter.
Regards,
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
***
Mr. Avery,
There was a typo in my last email. In the line below:
(meaning your mine, Ingrid, and the office social workers')
that line should have read "(meaning mine, Ingrid and the office social workers').
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
There was a typo in my last email. In the line below:
(meaning your mine, Ingrid, and the office social workers')
that line should have read "(meaning mine, Ingrid and the office social workers').
Whitney L. Gibbs
Assistant Public Defender
The Law Office of the Public Defender Dekalb County
320 Church Street
Decatur, GA 30030
(office) 404.371.2222
(fax) 404.371.2296
***
Hello Whitney,
Is their any hard copy records of the correspondence between Judge McCoyd and Georgia Regional Hospital and/or you regarding GRH reasons for refusing to perform Judge McCoyd court ordered mental evaluation of me?
Also wanting the name of Public Defender substituting in place of Ingrid this past hearing.
One last request regarding our second meeting Law Office of Public Defender DeKalb County, the day you first introduced Ingrid McGaughey as part of my defense team.
One of the first question asked of me that day by Ingrid; "What am I wanting to happen? What would make this all go away?"
Believe I made it pretty clear that day when I answered, " A METHODIST TRIBUNAL"
Don't remember word for word what all was said after this, but mostly about having a complicated Methodist story needing to be told but too complicated telling without help/collaboration from Glenn Memorial UMC/Emory University gathering all the facts.
After being told this was outside Office of Public Defender DeKalb's jurisdiction, I followed up with, "What wrong with Office of Public Defender reaching out to them on my behalf, just once, and allowing them the opportunity surprising us with their answer. Then Ingrid asked, "And you will be okay if they refuse?"
"If we can get this rejection in writing, that I can work with! Just need proof that we approached them with an offer and they declined."
What became of this? Do not remember ever hearing an outright rejection of this possibility? Have we already approached them on my behalf and been rejected?
Sincerely yours,
Simply Jim
P.S.
Attended Senator Elena Parent and Representative Mary Margaret Oliver's Town Hall Meeting at Glenn Memorial UMC this evening. Interesting, how, almost as if a gift from God landed in my lap, Rep. Oliver spoke some about judiciary reforms; including Probations being six time higher in the State of Georgia compared to other states. At the end, when asking if any question from the audience, "I would like to talk about my recent trial/probation!"
It turned out being off night with my voice, but basically was asking of these two lawyers in the wake of multiple newsletter updates sent out to the different neighborhood groups in addition to broadcast on Fox 5 News and CBS 46 News, going first correcting some of obvious misinformation's being passed among all the loving neighbors of mine. They weren't happy! That's for sure! Nor did they even allow me the opportunity pointing out the perniciousness and prevarications Just have to watch the video once I get it uploaded to my blog.
One of the conditions of probation is that I avoid people and places of harmful or disreputable character. Glenn's definitely one such place.
>original email
WITH WHOM WILL GIP COMMUNICATE ABOUT MY CASE?
We will always talk with you about your case. We prefer to communicate with you in writing so we have a record for your file, but we will also accept and/or make approved legal phone calls. Unfortunately, due to budget constraints, we cannot at this time accept collect calls from prison and it is our policy to not knowingly accept calls made from cell phones within prison. We will provide non-confidential status updates to one person about your case if your case is in the active stage and you give us permission in writing to speak with that one named person. That permission can be revoked at any time. Because GIP has many clients who are seeking help, we encourage you and your family to be patient and try not to call or write us unless absolutely necessary.
Long story short, since is such a Methodist Story needing to be told, we could all pretend my father is in PURGATORY?
That the GEORGIA INNOCENCE PROJECT can try helping me get my father as well as the rest of his family into heaven by all these lawyers admitting their part in having made projects such as GIP so "essential" in the first place. Then spending that money wisely.
Attachments
- February 1st, 2017 ataraxia 001.JPG (5.78MB)
- February 1st, 2017 ataraxia 004.JPG (5.95MB)
- February 1st, 2017 ataraxia 008.JPG (6.56MB)
***
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