Hello Glenn,
Sorry to trouble you as I'm sure you do not look forward to receiving emails from me. No one does really. But I'm having a probation revocation hearing coming up this coming Nov. 2nd, 2017.
"Mother. I just realized something. When considering Dad was such the ultra Neoconservative Republican, how did he vote when it came to U.S. House of Representative District 4? Mike Ross? Or did he stay true to his political conviction?"
~(James E. Avery, D.V.M.)~
"Funny you should ask. During one of our meetings with Jim McKenzie for the estate planning, we listened to Jim explaining how he was reasoning his vote for Mike Ross. That he was a hometown boy."
~(Betty Jo Wolfe Avery)~
"What are you saying Mother?! Betty and Jim McKenzie are...REPUBLICANS! I thought they...KNEW...better!"
~(James . E. Avery, D.V.M.)~
And I'm needing to know if you have been receiving your copies of my emails? Reading them? Sharing them?
A TRIBUTE TO THE LIFE AND ACHIEVEMENTS OF JAMES H. MCKENZIE
From the Congressional Record Online through the Government Publishing Office
[www.gpo.gov]
______
HON. MIKE ROSS
of arkansas
in the house of representatives
Tuesday, March 5, 2002
Mr. ROSS. Mr. Speaker, I rise today to pay tribute to a close
personal friend and a distinguished Arkansan who last week lost a
courageous four and a half year battle with cancer. His name was James
H. McKenzie.
Jim McKenzie was born in my hometown of Prescott, Arkansas, in 1941.
After graduating from Prescott High School, he attended the University
of Arkansas and was a member of Arkansas Razorback baseball team and
the Student Senate and president of Sigma Alpha Epsilon fraternity. He
then went on to get his law degree from the University of Arkansas
School of Law and served two years on active duty as a Captain in the
U.S. Army.
Upon his discharge from active duty, Jim returned to Prescott to
practice law. As an attorney, he quickly earned the respect of the
legal community and became a leader in the Arkansas Bar Association,
serving in many capacities including president. He fulfilled
appointments to several committees of the Arkansas Supreme Court and,
in 1998, was named outstanding lawyer by the Arkansas Bar.
In our hometown of Prescott, to say that Jim was a respected and
notable citizen would be an understatement. He was a pillar in our
community. Jim served as president or chairman of the local Chamber of
Commerce, the hospital board, and the Kiwanis Club. He was a lifelong,
active member of the First United Methodist Church, where he was my
Sunday school teacher. He was also a youth sponsor in the church, and
he even coached Little League baseball.
Jim McKenzie truly exemplified the ideal of a public citizen.
Throughout his life, he was a leader who never hesitated to give his
time and energy to help others. For me personally, he was a role model
growing up and an inspiration throughout my public service. I am
grateful for all he did for our family and for his fellow citizens, and
I feel privileged to have had the opportunity to call him a friend. His
death is an enormous loss not only to those who knew him well, but also
to our community and to our state.
My heart goes out especially to Jim's wife, Betty, their two
daughters, Kris and Miki, and their five grandchildren as they deal
with the pain of this difficult loss, and I am keeping all of them in
my thoughts and prayers. While Jim may no longer be with us, his legacy
and his spirit will always live on in all those whose lives he touched.
But most importantly, can you do probate/estate planning for a defendant 1840 Mason Mill Road, Decatur,Georgia?
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Methodist Fag the Radical Atheist
P.S. Only thing gonna stop a bad guy with a chicken is a good guy with a chicken!
Attachments
- October 27, 2017 preta 093.JPG (6.70MB)
- October 27, 2017 preta 0172.jpg (127.92KB)
- October 27, 2017 preta 026.JPG (6.77MB)
- October 27, 2017 preta 038.JPG (6.20MB)
***
Hello Public Defender Ingrid McGaughey and Claudia Saari,
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
We are going to have a case reporter as I've requested, even volunteering that I would be the one paying for this additional expense even though it could be thought of as a translator, for tomorrow's probation revocation hearing?
This is very important to me!
So... I'm understanding that I'm probably expected putting down a deposit first? Probably should pay in full up front even if this might require refunding a difference? Better safe than sorry!
Sincerely your,
James E. Avery, D.V.M.
P.S.
Plus I've never received an answer to my question asking what was told to Public Defender Claudia Saari as to whether or not I plan to appeal? Wasn't in copy of my file with our Law Office of Public Defender DeKalb County? As well as what were these excellent issue to appeal might be? Why they were not discussed with me?
James Avery
Saari, Claudia
Thu 1/26/2017 9:13 AM
To: Gibbs, Whitney <wgibbs@dekalbcountyga.gov>;
Cc: McGaughey, Ingrid <ijmcgaug@dekalbcountyga.gov>;
Whitney,
Can you please contact Mr. Avery and see if he wants to appeal and if so, will he hire his own attorney or does he want the court to appoint us to represent him on appeal. This was quite a case and it appears to me there are some excellent issues to appeal. I also heard that you did a wonderful job representing a very challenging client.
Thanks,
Claudia
Claudia S. Saari
Circuit Public Defender
Law Office of the Public Defender
DeKalb County, Stone Mountain Circuit
320 Church Street
Decatur, GA 30030
404.371.2222
cssaari@dekalbcountyga.gov
***
I have been told that the case will be audio recorded. I have not hired a separate court reporter. If you wish to procure someone to record it by another means, you may do so at your expense.
Sincerely,
Ingrid McGaughey
Ingrid McGaughey
***
Hello Ingrid,
I left the code compliance hearing believing we would have a case reporter present when I agreed paying for this extra expense. It was not made clear to me that I also had to be the one locating and arranging a case reporter as well!
You have any idea how much ... MORE ... trouble it is for me understanding audio recordings! That's an additional machine between me and and speaker! Including listening to myself!
Per transcript from this "THE TRIAL" I managed arraigning be present through Public Defender Whitney Gibbs (and assumed having to be done the same way this time around), it was my understanding you were supposedly the public defender our Law Office of Public Defender DeKalb County handling those cases involving mental health issues? If you are that insensitive to the needs of defendants assigned to you, I question your qualifications to be handling ...THOSE CASES INVOLVING DEFENDANTS WITH MENTAL HEALTH ISSUES! You've certainly have added to my mental health issues!
The audacity of you wanting it noted in court record of this "THE TRIAL" that our Law Office of Public Defender DeKalb County thought me the incompetent one! You're the one...WHO LOST THE CASE!
Remember me discussing with you, during the two hours we waited for our Honorable Judge McCoyd running late, the case of a Charles Butts banned from DeKalb County? You know the one I'm talking about? The one who accepted DeKalb County plea offer of a one way ticket to Tennessee as apposed to one year in DeKalb County Jail?
"YOU CAN'T ARREST SOMEONE JUST FOR BEING SUSPECT FOR 50% OF THE CRIME IN A NEIGHBORHOOD! NOT UNLESS YOU ASSIGN HIM A PUBLIC DEFENDER FIRST!"
Remember this one?
"WHAT'S THE DIFFERENCE BETWEEN ONE YEAR IN JAIL AND FIVE YEARS IN JAIL? HOW ABOUT FIVE FELONIES VS ONE FELONY!"
To which you tried disagreeing with me saying that's highly unlikely?
"THEORETICALLY IT POSSIBLE! YOU COULD ARREST HIM AGAIN AS SUSPECT FOR 50% OF THE CRIME OF A NEIGHBORHOOD THE VERY SECOND YOU RELEASE HIM FROM JAIL!"
Great! Just FUCKING great!
What a wonderful public defender you've been!
As our Law Office of Public Defender has been fucking me up every step of the way, I'm not totally convinced this simply a misunderstanding!
Just another sin of manipulation, deception, perniciousness, prevarication, looking the other way, refusing to acknowledge, feigning ignorance provoking my crime of violating DeKalb County's precious sign code ordinance and interfering with my neighbors constitutional right to the pursuit of happiness!.
MY GOD! HOW HAPPY DOES OUR MR. BLISS NEED TO BE?
But hey! What can I do!
Bias can be real as well as pernicious without being legally actionable.
Congratulation,
Defendant 1840 Mason Mill Road
Attachments
- November 1, 2017 bonce 031.JPG (6.34MB)
- November 1, 2017 bonce 042.JPG (6.13MB)
- November 1, 2017 bonce 050.JPG (6.64MB)
***
Georgia Department of Behavioral Health & Developmental Disabilities
Judy Fitzgerald, Commissioner
November 17, 2107
Ingrid McGaughey
320 Church St
Decatur, GA 30030
Re: James Avery
Case Number: 026695
County: DeKalb
Dear Ms. McGaughey:
We received a court order for the evaluation of the above-named defendant. An appointment has been made to have this defendant evaluated by Dr. Flanagan on November 30, 2017 at 9:30Am at The DeKalb County Public Defender's Office, 320 Church St, Decatur GA 30030. We appreciate your assistance in informing your client of this appointment. Please educate your client about the purpose of the evaluation to ensure attendance and cooperation.
If you have mental health or educational records relevant to this evaluation, please send them to us immediately, as we need these no later than the time of the evaluation. Your client may also bring relevant records in his/her possession to the evaluation.
If your client needs a different date, please call me at 706-568-5238 at least one week prior to the scheduled date. Evaluations are in high demand and evaluators block out four hours of time for each appointment. Therefore, if your client misses this appointment we may not be able to reschedule for a significant period of time and the judge will be notified.
Sincerely,
Christy Wreyford,
Program Associate Community Forensic Services-West
Christy.wreyford@dbhdd.ga.gov
Community Forensic Services-West Team, Adult
3000 Schatulga Road Building 5, Columbus, Georgia 31907
Phone: (706) 568-5238 Fax: (706) 256-9641
Please email referral information to CourtServices@dbhdd.ga.qov
***
Hello Ingrid,
Any updates on upcoming Code Compliance and/or Probation Revocation hearings?
Sincerely yours,
Simply Jim
***
Yes. I just got word that it is continued until the 2nd week in January. I don’t have the exact date yet but will let you know when I get it.
Sincerely,
Ingrid
***
Hello Ingrid,
So no code compliance hearing that is currently scheduled for Dec. 19th.; safe for me to ignore Notice of Court Appearance mailed to me recently by Clerk's Office?
Sincerely yours,
Simply Jim
Attachments
- December 14, 2017 tidings 053 ii.jpg (229.68KB)
***
Safe for you to ignore the court appears for Dec 19.
However, you still have to comply with the code.
***
Hello Ingrid,
Well that's a relief! Glad I'm not having to take down the x-mas tree so soon!
Anyway!
But I...HAVE...been in violation of DeKalb County Code Ordinances special set as terms of probation from the very second the DeKalb County Court having had me signing their Probation Agreement! Violations that I've personally, "in a truthful manner", brought to the attention of my Probation Supervisor Officer Davis same day immediately afterwards!
"But you are here because of the signs. How about we not go muddying the issue." ~Simply Jim: Defendant 1840 Mason Mill Road
- Rubbish pile off to the side of my home Officer Lorena having pointed out to me as also being a violation of DeKalb County Code Ordinances the first day she wrote me up citations back in 2011 for sign code violations.
"I went to great length making both side of this fence look the same."
- Privacy fence between my property 1840 Mason Mill Road and neighboring property 1848 Mason Mill Road.
Far as the signs go...
It's the...SAME... supposedly violation having triggered this petition for revocation of probation!
We are going to try. ..I PRAY... putting up a defense this time around having this petition for revocation of probation dismissed..?
Sincerely yours,
Simply JIm
P.S. I would very much... LOVE IT ...if you were to allow me an opportunity showing off my X-Mas tree!
Attachments
- December 11, 2017 cri de coeur 150.JPG (6.62MB)
- February 12, 2017 Rubish Pile Visible from Road.jpg (2.74MB)
- December 13, 2017 deasil 002.JPG (6.27MB)
- December 13, 2017 deasil 008.JPG (6.69MB)
***
Hello Ingrid,
Received seven more notices for court appearance scheduled for tomorrow December 19, 2017 at 2:00 PM. I'm assuming the same that I can ignore these as well?
Knowing already that the probation revocation hearing has been scheduled for second week of January, does this mean that you have received the results of Dr. Flanagan's competency evaluation?
Also I'm still waiting on how my Public Defender Whitney answered Public Defender Claudia Saari's questions as to whether or not I intend to appeal? We all know the short answer to this question was, "no." What I'm really wanting to know is whether or not Ms. Saari was told the reason why I had no intention of appealing? If possible, could we have my former Public Defender Whitney Gibbs subpoenaed in order for her answering this question so the answer will be a matter of public record?
Sincerely yours,
Simply Jim
P.S.
|
|
***
***
Hello Ingrid,
Received seven Notice of Court Appearance today (split between two mailed envelopes at a cost of $6.56 each instead of the usual $.46 per envelope) for a 2:00 PM hearing scheduled January 9th, 2018 Courtroom E..?
Is this hearing a special set hearing the same as the probation revocation hearing continued? Or just another routine hearing where several cases are scheduled in blocks?
I was left with the impression from last code compliance hearing having triggered the probation revocation hearing that the probation revocation hearing was going to be a special set hearing? That we were going to be having all day ... if needed ... for this probation revocation hearing?
Sounding to me that we already having a verdict; everything else being just a formality?
Sincerely yours,
Simply Jim
P.S.
And I'm still waiting on the answer told to Public Defender Claudia Saari by Court Ordered Public Defender Whitney Gibbs assigned to me by our Law Office of Public Defender as to whether or not I intended to appeal the verdict resulting from this "THE TRIAL!"
Again, we all already know the short answer was..."NO."
***
I will be out our the office until Tuesday, January 2, 2018. If this is an emergency please call and ask for Ms. Casteel.
***
Stephanie ‘s family has the flu! Not coming for Christmas tomorrow! We will have it the 27th now! Mom has been here since Friday night but she is wanting to go home tomorrow so i will be taking her home tomorrow afternoon! She will have Christmas with Dana and her family but not Steph’s!I am not going to have Christmas until the 27th with all my kids! Riley’s football team won the 4A state Texas football championship in Texas Friday night! The first time ever for pleasant grove! We all went and they played in the AT&T stadium! That is where the Dallas cowboys play!it was exciting!!! Can I buy you a new I phone for Christmas?
Sent from my iPhone
***
Hello Donna,
Came across some new information on the internet about these hearings of mine coming up.
|
Not only was this all news to me; I didn't even know court ordered Public Defender Ingrid McGaughey assigned to me by the Law Office of Public Defenders DeKalb County was going to be out of the office until January 2, 2018!
My neighbors know more about what's happening with my case than I do!
Sincerely yours,
Simply Jim
***
I asked if i could buy you a new phone for Christmas? Also we r taking mother home to Prescott now! She has had enough of us and the Fincher’s weren’t even here yet! She was ready to go home!!!
Sent from my iPhone
***
Hello Donna,
I'm currently down to $2,500.00.
Nor do they allow cellphones in DeKalb County Jail.
So...
I'm going decline your offer updating my cellphone with a newer model and suggest we waiting and seeing what happens at this hearing scheduled for January 9, 2018 instead.
Until then...
It would just be a waste of money.
But thank you for the offer.
Sincerely yours,
Simply Jim
***
Ok we will wait and see what happens on the 9th! But for right now r you staying warm?
Sent from my iPhone
***
Hello Donna,
Yes I'm staying warm.
Sincerely yours,
Simply Jim
***
Hello Whitney,
Saari, Claudia
Thu 1/26/2017 9:13 AM
To: Gibbs, Whitney <wgibbs@dekalbcountyga.gov>;
Cc: McGaughey, Ingrid <ijmcgaug@dekalbcountyga.gov>;
Whitney,
Can you please contact Mr. Avery and see if he wants to appeal and if so, will he hire his own attorney or does he want the court to appoint us to represent him on appeal. This was quite a case and it appears to me there are some excellent issues to appeal. I also heard that you did a wonderful job representing a very challenging client.
Thanks,
Claudia
Claudia S. Saari
Circuit Public Defender
Law Office of the Public Defender
DeKalb County, Stone Mountain Circuit
320 Church Street
Decatur, GA 30030
404.371.2222
cssaari@dekalbcountyga.gov
As you were the public defender representing me during the trial, would it be possible of me getting you replying back to me with an email repeating as much as you can remember me explaining as to my reasons why I was not going to appeal this case? I've gotten absolutely nothing but stone cold silence from Ingrid and Claudia in my multiple emailed attempts getting an answer as to what was told these two? Maybe nothing was told to them? All I know is that there was no mention of any discussions about me appealing this case among the requested copy of file I"m having with our Law Office of Public Defender DeKalb County except for a copy of the above email to you from Circuit Public Defender Claudia Saari. So it seems to me an answer to this email should also have been included in this file I'm having with our Law Office of Public Defender DeKalb County?
Also...
As this discussion as to why I was not appealing this case took place preceding the first hearing after the trial where the Terms and Conditions of Probation Agreement explained to me, could you tell me the name of the gentleman having accompanied you to this hearing in place of Public Defender Ingrid McGaughey? What was his reason (responsibility) accompanying you to this hearing? He was standing right beside you when you inquiring about me appealing this case.
Also...
By any chance did Ms. Saari discuss with you any of what she thought "excellent issues to appeal?" Possible of you sharing this information with me? Again, nothing but stone cold silence in my multiple attempts with Ingrid and Claudia getting an answer to this concern of mine as well!
Also...
THE COURT: ALL RIGHT. THE COUNTY HAS RESTED. DOES THE DEFENSE HAVE ANYTHING IT WISHES TO PRESENT?
MS. GIBBS: THE DEFENSE DOES NOT WISH TO PRESENT ANY WITNESSES AT THIS TIME, YOUR HONOR.
THE COURT: OKAY. DOES THE DEFENSE HAVE ANY MOTIONS OR ANYTHING ELSE FOR THE COURT TO CONSIDER?
MS. GIBBS: YES, YOUR HONOR. I GUESS AT THIS POINT I WOULD MOVE FOR A JUDGMENT OF ACQUITTAL ON ONE OF THE CITATIONS. MR. AVERY WAS CHARGED WITH 11 TOTAL CITATIONS. ONE -- THERE WAS NO EVIDENCE PRESENTED FOR ONE CITATION ON SEPTEMBER 17TH AND I WOULD MOVE FOR A JUDGMENT OF ACQUITTAL ON THAT CITATION AS NO EVIDENCE WAS PRESENTED THAT HE WAS OVER THE SQUARE FOOTAGE SIGNAGE FOR THAT DATE.
MR. GETZ: THAT'S CORRECT, YOUR HONOR. THAT'S CITATION 028257 AND THE COUNTY DID NOT PRESENT ANY EVIDENCE ON THAT MATTER. SO THERE NO EVIDENCE ON THAT
BEFORE THE COURT, SO THAT MOTION IS PROPER.
THE COURT: ALL RIGHT. SO I WILL DIRECT THE JUDGMENT OF ACQUITTAL AS TO CITATION 028257 RELATED TO THE DATE OF SEPTEMBER 17, 2016.
MS. GIBBS: THANK YOU, YOUR HONOR.
THE COURT: YES, MA'AM. ALL RIGHT. IS THERE ANYTHING ELSE?
(NO RESPONSE)
plus
MR. GETZ: THE COUNTY'S RECOMMENDATION IS GOING TO BE AN AGGREGATE SENTENCE OF 24 MONTHS OF PROBATION. SO THAT WOULD REQUIRE AT LEAST FOUR COUNTS TO RUN CONCURRENT OR CONSECUTIVE TO EACH OTHER BECAUSE THE MAXIMUM PENALTY FOR EACH OF THE INDIVIDUAL CITATIONS IS A HUNDRED AND EIGHTY DAYS.
THE COUNTY WOULD ASK THAT THE COURT IMPOSE A $1,000 FINE, THAT THAT FINE BE IMPOSED. THE COUNTY WOULD THEN ASK THAT $9,000 IN FINES BE SUSPENDED UPON COMPLIANCE WITH THE LAW AND ALSO THAT THE COURT AS A CONDITION OF PROBATION PRECLUDE ANY SIGNAGE OR ANY SUCH DISPLAYS FROM BEING PRESENT IN THE YARD AT 1840 MASON MILL AVENUE (SIC). THAT WOULD BE A CONDITION OF PROBATION THAT'S REASONABLY RELATED TO REMEDYING THIS ONGOING SITUATION, AND THE LAW WOULD GIVE THE COURT THE ABILITY TO IMPOSE SUCH A RESTRICTION ON SIGNAGE AND OTHER SUCH DISPLAYS IN THE YARD UNDER THAT THEORY. IT WOULD BE EQUIVALENT, YOUR HONOR, TO, SAY, A FOURTH AMENDMENT WAIVER IN A DRUG CASE, WHICH THE COURTS HAVE SAID IS REASONABLE BECAUSE IT IS DESIGNED TO REMEDY A SITUATION WHICH CREATES AN ONGOING PROBLEM.
YOUR HONOR, WE WOULD ASK THAT THE $9,000 IN SIGNAGE (SIC), THAT THAT BE SUSPENDED UPON COMPLIANCE, AND WE WOULD ASK THAT THERE BE PERIODIC STATUS CHECKS ON THIS CASE AND THAT EACH 90 DAYS THAT -- WHAT WOULD THAT BE -- THAT EACH 90 DAYS A THOUSAND DOLLARS OF THAT FINE BE SUSPENDED TO GIVE THE DEFENDANT AN INCENTIVE TO DO WHAT HE IS SUPPOSED TO DO UNDER THE LAW AND TO STOP THIS BEHAVIOR THAT'S CAUSING PROBLEMS FOR THE FOLKS OUT IN THE
COMMUNITY.
THE DEFENDANT: WHAT BEHAVIOR?
MR. GETZ: (TO THE GALLERY): WHO IS IT THAT WOULD LIKE TO -- IT'S MISS HINKLE; IS THAT CORRECT?
MISS HINKLE: YES.
MR. GETZ: MA'AM, IF YOU WOULD PLEASE COME FORWARD.
MISS HINKLE: (COMPLIES)
MR. GETZ: JUST STATE YOUR NAME FOR THE COURT AND LET THE JUDGE KNOW WHAT YOU WOULD LIKE HIM TO CONSIDER.
THE WITNESS: MARY HINKLE. AS YOU CONSIDER SENTENCING MR. AVERY, I HOPE YOU WILL REVIEW THE STATEMENTS THAT MR. GETZ HAS MADE AVAILABLE TO YOU FROM
OUR NEIGHBORHOOD AND CONSIDER THAT OUR NEIGHBORHOOD HAS ENDURED MR. AVERY'S SIGNAGE AND DISRESPECTFUL BEHAVIOR FOR THE PAST SIX YEARS. THROUGH HIS SIGNAGE, BEHAVIORS, E-MAILS, AND BLOGS, HE HAS SHOWN US CONTEMPT, VILLIFIED OUR LEADERS, AND THREATENED OUR NEIGHBORHOOD.
WE DO NOT COME BEFORE YOU IN A CAPRICIOUS OR LIGHTHEARTED MANNER BUT WITH A HEAVY HEART. WE CAN NO LONGER DEAL WITH OUR NEIGHBOR BY OURSELVES. WE NEED YOUR HELP AND SO DOES HE.
SINCE THIS IS A CODE-VIOLATION TRIAL, OUR VIEW IS THIS. WHEN PEOPLE CHOOSE TO BECOME PROPERTY OWNERS IN DEKALB COUNTY, THEY INHERENTLY ASSUME THE RESPONSIBILITY OF LIVING WITHIN THE RULES AND REGULATIONS OF THE COUNTY.
THIS CODE SETS FORTH JUST THE MINIMUM STANDARDS THAT WE AS PROPERTY OWNERS ARE EXPECTED TO FOLLOW FOR PROPERTY USE AND HEALTH AND SAFETY ISSUES IN THE MINIMUM STANDARDS THAT WE EXPECT OUR NEIGHBORS TO FOLLOW. EVEN IF, AS IN THE CASE OF MR. AVERY, WE BECOME ANGRY AT COUNTY GOVERNMENT, COMMUNITY INSTITUTIONS --
THE DEFENDANT: (INDISCERNIBLE)
MISS HINKLE: -- OR OUR NEIGHBORS, WE ARE EXPECTED TO ADHERE TO THESE ORDINANCES AND CONDUCT OUR BEHAVIOR ACCORDINGLY.
FOR THE PAST SIX YEARS, MR. AVERY HAS VIOLATED THE CODE CONTINUOUSLY TO THE DETRIMENT OF OUR NEIGHBORHOOD. HIS SIGNAGE AND BEHAVIORS HAVE HAD A NEGATIVE IMPACT ON OUR RESIDENTS' PROPERTY VALUES AND OUR EMOTIONAL HEALTH AS DESCRIBED IN THE STATEMENTS. MOREOVER, HE HAS FLAUNTED HIS COMPLETE DISREGARD FOR OUR NEIGHBORHOOD AND THE JUSTICE SYSTEM BY CONTINUALLY MOUNTING AN EXCESSIVE NUMBER OF SIGNS AND INFLATABLES ON A DAILY BASIS IN SPITE OF RECEIVING NUMEROUS CITATIONS.
HIS BLOG AND E-MAILS SUGGEST THAT HE FINDS ALL OF THIS HUMOROUS AND THAT HE IS, QUOTE, "PLAYING A GAME WITH US." WELL, WE DO NOT VIEW HIS SADISTIC AND ANTAGONISTIC BEHAVIOR AS A GAME NOR DO WE FIND IT HUMOROUS. WE ASK THAT THE COURT SENTENCE HIM IN SUCH A MANNER THAT WILL ENSURE HIS ADHERENCE TO THE CODE --
THE DEFENDANT: SHE'S GOING TO KILL ME.
THE WITNESS: -- AND PROTECT OUR NEIGHBORHOOD. WE ALSO ASK FOR A SENTENCE THAT WILL GUARANTEE HIS FACING MORE SERIOUS CONSEQUENCES IF HE CONTINUES TO VIOLATE THE CODE AND THREATEN OUR RESIDENTS.
(APPLAUSE FROM THE GALLERY)
THE DEFENDANT: (INDISCERNIBLE)
(DEFENDANT GESTURED TO THE GALLERY.)
THE DEFENDANT: DON'T FORGET CHARLES DUCK BECAUSE THAT'S PAID BY TAXPAYER'S EXPENSE IN JAIL IN (INDISCERNIBLE) TENNESSEE.
MS. MCGAUGHEY: ALL RIGHT.
THE DEFENDANT: THAT'S IT.
THE COURT: ALL RIGHT. I'LL HEAR FROM THE DEFENSE.
MS. GIBBS: YES, YOUR HONOR. WHILE WE MAINTAIN THAT MR. AVERY IS NOT COMPETENT TO STAND TRIAL, WITH RESPECT TO YOUR HONOR'S FINDING THAT HE HAS BEEN FOUND GUILTY OF THESE CITATIONS, WE WOULD ASK THE COURT TO CONSIDER THAT MR. AVERY IS CURRENTLY UNEMPLOYED AT THIS TIME.
AND REGARDING THE STATE'S REQUEST THAT THE COURT PRECLUDE ANY SIGNS BEING POSTED IN HIS YARD, YOUR HONOR, WE WOULD ASK THAT THE SIGNS NOT -- IF THERE WAS A CONDITION IMPOSED BY THE COURT, THAT IT WOULD BE ONE THAT WAS IN ACCORDANCE WITH CODE ORDINANCE WHICH STATES THAT THEY CAN'T BE OVER THE SIGNAGE LIMIT, THE 24 SQUARE FEET. BUT TO RULE OR TO STATE THAT MR. AVERY DOESN'T HAVE -- OR CANNOT POST ANY SIGNS IN HIS YARD IS CERTAINLY INTRUSIVE UPON HIS RIGHTS TO EXPRESS HIMSELF AND CERTAINLY NOT ANALOGOUS TO A FOURTH AMENDMENT WAIVER WHICH HAS TO DO WITH SEARCH AND SEIZURE OF A PERSON'S PLACE AND PROPERTY AND IT HAS NOTHING TO DO WITH MR. AVERY'S RIGHT TO -- FIRST AMENDMENT RIGHT TO EXPRESS HIMSELF.
SO, YOUR HONOR, WE WOULD ASK THAT YOU WOULD KEEP ALL OF THOSE FACTORS IN MIND AS YOU ARE MAKING YOUR DECISION ON SENTENCING.
Really do believe the prosecution planted these two technicalities for you finding during this sham trial. Just another manipulative deception by DeKalb County's elective representatives posing for the applause of an undiscriminating general public that's not to be understood by the uninitiated; Emory's leadership silently consenting.
So...
DEFENSE CLOSING ARGUMENT
MS. GIBBS: YOUR HONOR, THIS CASE IS IN PART -- SEEMS TO BE KIND OF TWO BIFURCATED ISSUE FOR THIS -- OR ISSUES FOR THIS TRIAL.
THERE IS THE -- ON THE ONE HAND, THE ARGUMENT OR ISSUE OF MR. AVERY'S RIGHT TO HIS SPEECH, TO HIS FREE SPEECH, YOUR HONOR. IT'S BEEN TESTIFIED HERE TODAY THAT MR. AVERY PUTS THE SIGNS OUT IN HIS YARD. HE CREATES THE SIGNS, PLACES THEM IN HIS YARD TO EXPRESS HIS OPINION. YOU KNOW, HE USES HIS -- USES HIS PROPERTY AS A PULPIT, IF YOU WILL, TO EXPRESS HIS OPINIONS ABOUT -- ABOUT THE --
MR. GETZ: YOUR HONOR, THAT'S NOT REALLY APPROPRIATE ARGUMENT BECAUSE THE CONTENTS OF THE SIGNS ARE NOT AT ISSUE FOR THESE VIOLATIONS.
THE COURT: I WOULD TEND TO AGREE. THERE HAS BEEN NO -- THE CITATIONS THAT ARE ISSUED DON'T APPEAR TO RELATE IN ANY WAY TO THE CONTENT OF THE SPEECH CONTAINED IN THE SIGNS, AND YOU WOULD HAVE TO BE MAKING AN ARGUMENT THAT THE PARTICULAR RESTRICTION, LIMITING IT TO NO MORE THAN 24 SQUARE FEET, IS ESSENTIALLY A DENIAL OF THE FIRST AMENDMENT RIGHT TO FREE SPEECH. THAT'S A CONSTITUTIONAL ISSUE THAT WOULD NEED TO HAVE BEEN RAISED AND IT WASN'T.
SO I WOULD UNDERSTAND THAT ISSUE'S NOT BEFORE THE COURT.
MS. GIBBS: YES, YOUR HONOR.
Why was there not a demurrer arguing that the particular restriction, limiting my signs to no more than 24 square feet, is essentially a denial of the first amendment right to free speech? Based on what our acting President of Mason Mill Civic Association Mary Hinkel having to say, seeming to me...CONTENT...of these signs...EXACTLY...what we should have been the focus of this trial?
Certainly did play a role in the sentencing!
Sincerely yours,
Simply Jim
P.S. Why were all these emails from me to our Law Office of Public Defender DeKalb County not also included in my file with them?! Certainly do not consider emails sent from me to be Attorney generated work-product!
***
Is jason still there?
Sent from my iPhone
***
Hello Donna,
Yes Jason is still here.
Sincerely yours,
Simply Jim
***
Hello Ingrid,
Hope you had a nice Holiday break.
Status update hearing? Or Probation Revocation Hearing continued?
Guessing what I'm really needing to know is whether or not there is a probability of going straight to jail from this hearing?
Sincerely yours,
Simply Jim
P.S. It doesn't help any that I'm learning more about my case from reading that next door, not so next door, Nextdoor.com Useless Green Acre Faggot's Iranian Uranium Enrichment Concubine's petition.
Attachments
- January 3, 2018 patrician 025.JPG (6.46MB)
***
I have not received the evaluation yet. Hopefully I will know more by Friday.
***
Hello Ingrid,
Here's what Bobby's Petition Update having to say:
PETITION UPDATE
Revocation Hearing Set for January 9, 2pm
Bobby Rasulnia
United States
DEC 23, 2017 — Happy Holidays Supporters,
We wanted to let you know that the Magistrate Court of DeKalb County has scheduled a status hearing on James Avery’s competency evaluation for Tuesday, January 9, 2018 at 2:00 p.m. It is our understanding that the defendant's competency evaluation is complete but that Georgia Regional is completing its formal opinion in the coming days.
The Solicitor’s Office remains committed to the case and welcome's community input and support throughout the process. This revocation hearing is a sentinel moment in the case. To that end, we are asking you, as members of the community impacted by the defendant's actions, to be present in court with us again on January 9, 2018 at 2:00 p.m. While the January 9th court date may only be a status hearing on Mr. Avery’s competency, we need you present in court with us to help remind the Court of the neighborhood impact of James Avery’s actions.
As from before, we’re in the same courtroom for the status hearing on January 9th at 2:00 p.m. That courtroom is:
Magistrate Court of DeKalb County
3630 Camp Circle
Decatur, Georgia 30032
Courtroom E.
Looking forward to seeing you there!
We wanted to let you know that the Magistrate Court of DeKalb County has scheduled a status hearing on James Avery’s competency evaluation for Tuesday, January 9, 2018 at 2:00 p.m. It is our understanding that the defendant's competency evaluation is complete but that Georgia Regional is completing its formal opinion in the coming days.
The Solicitor’s Office remains committed to the case and welcome's community input and support throughout the process. This revocation hearing is a sentinel moment in the case. To that end, we are asking you, as members of the community impacted by the defendant's actions, to be present in court with us again on January 9, 2018 at 2:00 p.m. While the January 9th court date may only be a status hearing on Mr. Avery’s competency, we need you present in court with us to help remind the Court of the neighborhood impact of James Avery’s actions.
As from before, we’re in the same courtroom for the status hearing on January 9th at 2:00 p.m. That courtroom is:
Magistrate Court of DeKalb County
3630 Camp Circle
Decatur, Georgia 30032
Courtroom E.
Looking forward to seeing you there!
And what follows is comment to this petition:
Id like to be a voice for the one that seems to have lost his before ever getting started. I think it would do every one a service to learn the following quote from Joseph Addison, English essayist, poet.
“It is only imperfection that complains of what is imperfect. The more perfect we are, the more gentle and quiet we become towards the defects of others.”
― Joseph Addison
― Joseph Addison
There is much more to the story if others werent so quick to pass judgement and in turn the delivery of message could also use some finesse at the end of the day anytime dialogue is presented that is considered taboo the instict is to tar & feather the messenger FF a decade and the people we want to villanize for having started said dialogue are appreciated and given some credit for the forward motion they helped create...as for what I can say is that there are some 30 maybe 31 citations that have been issued and this man still waits daily to hear from a court appointed public defender that at best has presented a bias or at very least represents an inherent conflict of interest as this man looks to have anyone champion even one idea he wants to share. Instead everyone jokes and can't seem to understand his response to all of this is to hold up a mirror and for everyone to keep living blissfully ignorant.
Jo Addy
1 yr ago
By someone I do not even know! Or at least I don't think I know him?
This may be a very diverse tolerant neighborhood. However it's certainly not a close-knit neighborhood. Not if the only commonality they seeming to have is...ME!
We, the undersigned residents of the Mason Mill area, encourage DeKalb County to enforce the county’s Code of Ordinances and ensure that the resident at 1840 Mason Mill Road complies with them.
We are greatly disturbed by the number, design characteristics, content, and location of signs and activities in the front yard of 1840 Mason Mill Road. Many of the signs use offensive language and present distasteful, provocative and abusive content. In addition to violating many of the DeKalb County Code of Ordinances, the excessive signage:
- creates an aesthetic nuisance,
- is a threat to public safety as a traffic hazard, and
- is a detriment to property values and to the county’s general public welfare.
Over the past decade, the signs have become excessive and they are often accompanied by dancing flags. These activities are distracting and potentially dangerous to motorists and pedestrians, and substantially detract from the beauty and appearance of our community.
For the public health, safety, and welfare of the community, we urge DeKalb County to amplify and accelerate the enforcement of DeKalb County Code of Ordinances, Sections 21(Signs) & 27 (Zoning) to regulate and control the number, design characteristics, content, and locations of signs and activities in the front yard of 1840 Mason Mill Road.
I've already said this to you once before:
"If DeKalb County is not in the business of consistently enforcing it's code ordinances; then it has no business being in the business of enforcing them....PERIOD!"
Would love having Bobby Rasulnia and Charles Bliss subpoenaed so we can question them about DeKalb County ignoring all the complaints (including two of mine) called in at the time by their soon to be new neighbors about them cutting down just about every tree from this lot adjacent to mine. In the process, violating DeKalb County's Green Laws...ONLY...for them...NOW...claiming trapped because they can't sell their house because of me.
Also having subpoenaed, the realty neighbor Eric Benjamin living directly across the street from Bobby and Charlie's property. Before these two moving into this house on property now just about void of all it's original trees, the two of us had a very interesting conversation about our soon to be two new neighbors. It would shed light, illustrate, how even after DeKalb County having strengthened it Green Laws since the Useless Green Acre Faggots having moved into our neighborhood, the Green Laws will still continue losing out to property value in the long run.
I've also said to you:
"Bias can be real as well as pernicious without being legally actionable."
We could even subpoenaed Mason Mill Civic Association Treasurer Pat Bittain. She's told me herself that she did not approve of actions by members of the Mason Mill Civic Association reacting to the behavior and signage of defendant 1840 Mason Mill Road. Or, at least, she used to not approve of their actions; herself, in the beginnings of all this, viewing my behavior and signs as harmless?
I'm supposing I will just be getting the usual silence to these suggestions as well.
Sincerely yours,
Simply JIm
***
Dear Dr. Avery,
If you are available, can you meet me at my office on Monday at 3 pm?
Sincerely,
Ingrid McGaughey
Get Outlook for iOS
***
Hello Ingrid,
Why certainly I'm available meeting with you at your office on Monday at 3 pm! Unless incarcerated and/or involuntarily committed, I've always been available for meetings with you! Surely you've known this!
This point aside...
Considering everything I'm having to say behind these closed doors meetings our Law Office of Public Defenders DeKalb County of which you've adamantly refused my multiple request I'd be allowed recording, always, either rambling, tangential, pressured, cluttered, all of the above... "INCOMPETENT"; can we not...JUST ONCE...have you emailing me whatever it is currently on your mind wanting to discuss about this upcoming hearing of mine?
Based on our past meetings, certainly shouldn't take you long typing this up; saving me the necessity of wasting another...WHOLE TEN BUCKS... for parking!
Otherwise will see you this coming Monday at 3 pm our Law Office of Public Defenders DeKalb County! Better than nothing at all I suppose!
Sincerely yours,
Simply Jim
P.S.
BTW...
Who owns that parking lot anyway?
Certainly making a killing off our Law Office of Public Defenders DeKalb County!
***
Good Morning Dr. Avery,
Please check you email around 2 pm. If the weather is bad, I will cancel the interview. I will make that decision by that time. If you are not comfortable coming to my office today, please let me know and we will cancel.
I still do not have the evaluation back from DBHDD. I reached out on Thursday to get an update but have not recieved any yet.
Sincerely,
Ingrid McGaughey
Get Outlook for iOS
***
Hello Ingrid,
Interview..? That's an interesting word. Why would you refer to our scheduled meeting this afternoon as an interview?
If not wanting to answer this question by email, could you at least tell me exactly what we are expecting (thinking) might happen tomorrow? Most importantly, whether or not there is any possibility of me being hauled off straight to jail and/or involuntarily committed again?
Again!
As everything I'm having to say is dismissed as rambling, tangential, circumstantial, pressured, cluttered, indiscernible, etc., etc., etc....
|
I'm seeing no point in me adding anything more to yet another one of these secretive closed door meetings (interviews..?) our Law Office of Public Defender DeKalb County. My only plan showing up for this...interview... is hearing what you are finally having to say...IF ANYTHING AT ALL... less than 24 hours before a hearing of mine scheduled for 2:00 pm tomorrow afternoon.
|
Unless you cancel this meeting or email me whatever it is you are having to add to this...interview, I will be there our Law Office of Public Defenders DeKalb County this afternoon 3:00 PM.
Sincerely yours,
Simply Jim
***
Dear Mr Avery,
I refer to all of my meetings with clients as interviews. Just a habit.
In addition, I just received word from the court that your hearing is continued because a report has not yet been issued by DBHDD. Hence, there will be no hearing tomorrow and you do not need to be there.
As a result, I would like to cancel out meeting for this afternoon and reschedule it for when we get the evaluation.
Please respond to let me know you have received this.
Thank you
Ingrid McGaughey
Get Outlook for iOS
***
Hello Ingrid,
Damn! Would have left the X-mas tree up longer had we known sooner!
Sincerely yours,
Simply Jim
P.S.
Please take notice, not only are the attached pics are dated, the crystal meths addiction expensive enough already without the need for DeKalb Crisis Unit and/or Georgia Regional Hospital billing me for these involuntary admittance/ineffectual treatments. I absolutely do not want DeKalb County involuntarily placing a lien on my home for any of these...SERVICES!
Any fines resulting from these hearings either!
Send the bills to our "UNITED" Methodist Churches instead!
Attachments
- January 5, 2018 boustrophedon 084.JPG (6.15MB)
- January 5, 2018 boustrophedon 092.JPG (6.96MB)
- January 5, 2018 boustrophedon 094.JPG (6.75MB)
***
Hello Ms. Wreyford,
My names is James Edward Avery,DVM ; resident defendant 1840 Mason Mill Road, Decatur, GA 30033.
Sorry to intrude. But on the day of November 30, 2017, I met with a Dr. Peggy Flanagan at our Law Office of Public Defender DeKalb County for a court ordered competency evaluation.
And I'm repeatedly being told by my court ordered public defender, Ingrid McGaughey, that she has reached out to our DBHDD; yet to receive anything in the way of a report from our DBHDD of this competency evaluation having taken our Dr. Peggy Flanagan of Forensic Psychiatry Services...at most...two hour performing.
For a probation revocation hearing continued as a result of our Honorable Judge Matthew McCoyd giving in to his court ordered public defender assigned me by our Law Office of Public Defender DeKalb County pleading/begging him for this competency evaluation...ALREADY... reset to resume January 30, 2018.
Would it be possible of Dr. Flanagan emailing me an explanation as to why this report taking so long? Maybe even emailing directly to me a copy of this report once finished?
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?
MS. GIBBS:
IS THERE A HEARING DEVICE AVAILABLE FOR MR. AVERY SO HE CAN HEAR THE COURT PROCEEDINGS?
THE COURT:
THERE SHOULD BE.
SO, DEPUTY, THIS DEFENDANT HAS HEARING ISSUES. TO ADDRESS THE ISSUES, SO WE HAVE THE TECHNOLOGY TO ALLOW TO ASSIST HIM HEARING THE PROCEEDINGS. WE NEED TO INQUIRE ABOUT IT.
THE DEPUTY:
WE HAVE IT?
THE COURT:
WE DO. WE DO HAVE IT.
THE DEPUTY:
OKAY.
THE COURT:
OKAY.
THE DEPUTY:
I DON'T KNOW WHERE TO GET IT FROM.
(THE DEPUTIES CONFERRED.)
THE COURT:
ALL RIGHT. WELL, I THINK WE'RE GOING TO HAVE A VERY BRIEF DELAY WHILE WE TRY TO MAKE SURE THAT THE TECHNOLOGY THAT CAN ASSIST THE DEFENDANT HEARING THE PROCEEDINGS IS BROUGHT DOWN. THEN WE'LL PROCEED.
|
Until receiving the results of this competency evaluation, we pretty much can continue expecting these court ordered public defenders assigned me by our Law Office of Public Defenders DeKalb County being dismissive of anything and everything I'm having to say to my defense until too late!
|
Then again, this may be...EXACTLY...what they be paid doing..?
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I've already told both Dr. Flanagan and Public Defender Ingrid McGaughey at the end of this competency evaluation, "I'm fast finding myself in the beginnings of an understanding of what may explain in part the driving force behind the Alt-Right Movement having helped propel Trump into the Oval Office."
Please let Dr. Flanagan know, following along the same line of reasoning as I had with our Alt-Right Movement, it important to add; "And with those of fathers (any head of household really) having turned guns upon their own families...before themselves."
Already known to my Public Defender, please have Dr. Flanagan take notice, that by January 30th, 2018, whether the probation revocation hearing resumed or not, I will no longer have the cash available enabling me to continue living the life I've grown accustomed without the sale of my home and moving to a different neighborhood.
Rest assured, I own no gun.
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
P.S.
You do not conclude until understanding. Once understanding, you do not judge.
Therefore, It is the job of our Honorable Judge Matthew McCoyd...CONCLUDING...these hearings,,,BEFORE UNDERSTANDING...in a way that...GIVES THE APPEARANCE OF JUSTICE...having been served.
But to whom?
|
REMEMBER NOW!
Although appointed to the bench, our Honorable Judge Matthew McCoyd still considered an elected representative.
AUTOMATICALLY!
He comes to us...FULLY FRONT LOADED..having bias.
PREJUDICED!
THE COURT:
ALL RIGHT. WELL, I THINK WE'RE GOING TO HAVE A VERY BRIEF DELAY WHILE WE TRY TO MAKE SURE THAT THE TECHNOLOGY THAT CAN ASSIST THE DEFENDANT HEARING THE PROCEEDINGS IS BROUGHT DOWN. THEN WE'LL PROCEED.
If anyone cared enough reading what the rest of this transcript from the trial having to say, you will see that our Honorable Judge Matthew McCoyd proceeded with the trial immediately before we having the technology needed assisting the defendant.
LOL
***
Dear Dr. Avery,
I do not yet have the evaluation. However, would you like to meet me at my office at 2pm on Friday 1/26 to discuss the upcoming hearing.
Sincerely,
Ingrid McGaughey
***
Hello Ingrid,
Sure. Why not.
See you this coming Friday January 26th, 2 pm our Law Office of Public Defenders DeKalb County.
Sincerely yours,
Simply Jim
P.S.
I've haven't heard back from Georgia Department of Behavioral Health and Developmental Disabilities about this evaluation report either.
***
Hello Ms. Wreyford,
This is James Avery; defendant 1840 Mason Mill Road with whom Dr. Peggy Flanagan recently performed a court ordered competency evaluation at the request of our Law Office of Public Defenders DeKalb County Ingrid McGaughey.
I recently sent you an email January 20th trying to get in touch with Dr. Flanagan.
Just wanting to know if you've received this email? Also, whether or not I can expect to hear anything from DBHDD before my next meeting with my court ordered public defender Ingrid McGaughey this coming Friday; most certainly before upcoming probation revocation hearing set to resume January 30, 2018?
Sincerely yours,
James E. Avery, DVM
1840 Mason Mill Road
Decatur, GA 30033
(404)788-9263
JEAveryDVM87@att.net
***
Will you accept a thousand dollars from me to pay bills❤️
Sent from my iPhone
***
Hello Donna,
Thank you; but going to politely decline the offer.
Sincerely yours,
Simply Jim
***
Hello Ingrid,
At it relates to following email Whitney had included among copies requested of everything (if any) my file having with our Law Office of Public Defender DeKalb County:
James Avery
Saari, Claudia
Thu 1/26/2017 9:13 AM
To: Gibbs, Whitney <wgibbs@dekalbcountyga.gov>;
Cc: McGaughey, Ingrid <ijmcgaug@dekalbcountyga.gov>;
Whitney,
Can you please contact Mr. Avery and see if he wants to appeal and if so, will he hire his own attorney or does he want the court to appoint us to represent him on appeal. This was quite a case and it appears to me there are some excellent issues to appeal. I also heard that you did a wonderful job representing a very challenging client.
Thanks,
Claudia
Claudia S. Saari
Circuit Public Defender
Law Office of the Public Defender
DeKalb County, Stone Mountain Circuit
320 Church Street
Decatur, GA 30030
404.371.2222
cssaari@dekalbcountyga.gov
***
Why, after so many attempts, am I unable getting anyone from our Law Office of Public Defenders DeKalb County answering...
1) Per our Circuit Public Defender Claudia Saari, what were these excellent issues to appeal?
2) What was the answer given to our Circuit Public Defender Claudia. Saari by Court Ordered Public Defender Whitney Gibbs assigned to me by our Law Office of Public Defenders DeKalb County?
3) What were the reasons (unsolicited) given to my Court Ordered Public Defender Whitney Gibbs assigned me by our Law Office of Public Defenders DeKalb County and and the gentlemen having accompanied Public Defender Whitney Gibbs in place of Public Defender "Handling Those Cases Involving Mental Health Issues" Ingrid McGaughey as to why I would not be appealing this case; when asked of me for the first time just before we walking into the courtroom and having to answer this very same question asked by our Honorable Judge Matthew McCoyd?
of my Court Ordered Public Defender Whitney Gibbs assigned me by our Law Office of Public Defenders DeKalb County?
And I'm believing I ought a right expecting from our Law Office of Public Defenders DeKalb County... answers ...to these questions in the form of hard copy evidence..?
Sincerely yours,
Simply Jim
P.S.
One more thing.
Remember me once telling you, how, websites having caught my attention have a habit of changing contents once I start sharing my opinions of them?
Well the same thing happened with blog entry titled The Sentencing of Willie F. discovered during my internet research of Court Ordered Public Defender Whitney Gibbs assigned me by our Law Office of Public Defenders DeKalb County! This blog entry is no longer accessible! So I reached out to this lawyer David Abbott through his website asking why?
Just a question about a blog entry of yours having caught my attention; now seeming to have disappeared. Curious as to why it was removed..? The Sentencing of Willie F.. Posted March 26, 2015.
Whitney Gibbs was Judge Matthew McCoyd's court ordered public defender assigned me by Law Office of Public Defender DeKalb County. The public defender ending up assigned me even after application for representation by public defender rejected because of owning 100% equity my home located North Druid Hills neighborhood within walking distance of Emory University.
Again, just curious as to why this blog entry no longer accessible?
While I'm having your attention, I'm hoping you might answer one other question/concern of mine:
As it relates to recidivism, what's the difference between the five years prosecution was asking for and the one year sentencing Willie F. ending up serving? From what I've been able witnessing through my own experiences with DeKalb County's jail and mental health services, I'm currently thinking 1 felony vs. 5 felonies...? That's $18,000.00 per year per inmate X 4 of taxpayers money now available applying to programs that truly reduce recidivism. (As an afterthought, wish I had said "applying to programs that truly addresses the root causes of our crimes" instead. As in, before these crimes even happening!) Shouldn't someone have brought this to the attention of the Johnson Democrat Judge presiding over this The Sentencing of Willie F.?
And I have yet to hear from him..?
The Sentencing of Willie F.
By theabbott159003177, Mar 26 2015 04:18PM
Non-negotiated guilty pleas are where trial judges earn their pay. Most pleas are negotiated. The prosecutor and the defense attorney have agreed on the sentence in advance, and the judge’s role is limited to approving or rejecting it. Over 95% of the time, trial judges defer to the prosecutors and approve the plea bargain. Nevertheless, a trial judge's sentencing philosophy looms large in plea negotiations. Defendants do not agree to do hard time for their health or for the conversation of their prospective bunkmates. They do so out of fear that the judge would give them even more time if they were convicted at trial or entered a non-negotiated plea.
Willie F. is in his seventh decade, and has almost as many felony convictions. On March 25, he appeared in the Henry County Superior Court, his wrists and ankles shackled, indicted for burglarizing a shed.
The prosecutor, Assistant District Attorney Christina Kempter, recommended five years in prison. She tersely explained that the defendant had an extensive criminal history, including two burglary convictions, and argued that this justified the maximum sentence for second degree burglary. Willie’s attorney, Assistant Public Defender Whitney Gibbs, explained that her client was addicted to drugs and soon to become a father. She asked for probation and drug treatment so that her 62-year old client could meet his paternal obligations. After no more than a few hundred words from the attorneys, the Honorable Wade Crumbley began to earn his pay.
Judge Crumbley is a credit to the Georgia bench. Son of a Henry County landowner, a long-time Democrat, he was taunted on the elementary school playground because his parents supported President Johnson, who won passage of the Civil Rights Act. Crumbley had the intellect, the probity, and the tact to win appointment to the bench by a Republican governor. In 2006, he defeated Donnie Patton, a conservative city court judge, in an election where the Republican gubernatorial candidate won Henry County 62% to 34%. He ran unopposed in 2010 and 2014. Compared to his peers, Judge Crumbley is unusually patient. That Willie F.’s sentencing took no more than 15 minutes speaks volumes about the brisk pace of Georgia justice.
No evidence was introduced during the sentencing. The attorneys recited the facts informally and Willie occasionally answered questions. Judge Crumbley spoke more than either of the lawyers. He began by explaining that, when he was a lawyer, he often entered non-negotiated pleas and that people thought him brave because he was exposing his clients to the maximum sentence. After the prosecutor’s pithy recitation of Willie’s criminal history, Judge Crumbley asked when Willie’s first conviction occurred. The prosecutor browsed her file and said 1980. He asked when Willie’s most recent felony conviction was entered. The prosecutor first answered 2006 but, upon further review of her file, discovered that this was a misdemeanor shoplifting conviction and changed her answer to the early naughts. The judge asked if any of Willie’s convictions were violent. The prosecutor answered that he had twice been charged with aggravated assault. Willie chimed in that those charges had been dismissed and, upon further review of her file, the prosecutor agreed.
Judge Crumbley then turned to the facts of the case. Did Willie break into the shed, or did he just open the door? What did he steal? The prosecutor again leafed through her file. To her credit, she met the judge’s probing with candor. There were no signs of forced entry. Willie opened the door to a shed, stole a $200 air compressor, and put it in his truck. When he drove away, the property owner’s son followed him. For reasons that remain unexplained, Willie stopped his truck and gave back the air compressor. He was subsequently arrested on a warrant. It is unclear whether these facts, which are surely less heinous than a typical repeat burglary, would have come out but for Judge Crumbley’s persistent questioning.
The public defender was in a tight spot. Willie had insisted to her that the air compressor was just lying outside, and that he never entered the shed. His story contradicted the victim’s account, conveniently cleared its author of the burglary, and came from the lips of a repeat felon. A swearing contest between the property owner and Willie would have been an uneven fight, Willie probably would have been convicted of burglary, and the judge probably would have imposed a harsher sentence after a trial than after a guilty plea. On the other hand, denying guilt at the time you plead guilty is generally a bad idea. It suggests that you cannot admit your mistakes and that your only regret is being caught. I have never talked to Willie and don’t know how insistently he denied entering the shed.
Had I defended the case, I would have taken a field trip. Flotsam and jetsam grace many a Georgia yard. The shed may have been visible from the nearest road or from the driveway. It is perfectly legal to take pictures from a public street or to walk up to someone’s front door and talk to them. A surprising number of people will talk to a lawyer who rolls up unannounced, especially one wearing a seersucker suit. I would have taken some pictures of the yard from a lawful vantage point. If it was immaculate, these pictures would have showed Willie that his story was bull and made for a cleaner plea. If there had been tools scattered across the yard, they would have backed up Willie’s story, and turned his trial into a fair fight. The property owner might even have seen that her story could be impeached, become shy about going to court, and encouraged the state to offer a misdemeanor guilty plea.
A little investigation can go a long way, especially when no one is prone to believe your client. A motivated public defender can do this type of investigation. A public defender in Henry County might handle 20-25 cases a year that are as serious as Willie’s. (Roughly one in four cases in the Henry County Superior Court result in prison time, and the defense attorney knows the prosecution’s recommendation in advance). Driving out to a house one evening and taking some pictures might take an hour or two and is certainly more fun than sitting in your office.
Judge Crumbley finessed the complications created by Willie protesting his innocence to his attorney. The judge pointed out that, if Willie had just picked up a loose compressor, he would only be guilty of a misdemeanor and that he was pleading guilty to burglary. Willie acquiesced, and the plea went forward. It became a conversation between the judge and Willie.
The judge explained that it has become “politically correct” to impose shorter sentences than were once the norm. Those who want to “lock people up and throw away the key” have not so much changed their minds as seen the effects of their thinking on the budget. The judge asked Willie if he had gone to prison as a young man. Willie had. The judge asked if, after getting out of prison, Willie had found it hard to find work and had gotten into a cycle of poverty and addiction in which he could only get by through stealing. Willie agreed. The judge explained that it is late in the game for any “talking cure” to treat Willie’s addiction, and that he didn’t want to put Willie on probation because he thought Willie would just be back in court for a violation of probation. He sentenced Willie to a year in prison, with credit for the 56 days he had spent in jail awaiting his court date. Willie is unlikely to parole out before that sentence is over.
Judge Crumbley’s sentence is at the low end of what Georgia judges would impose, yet it is far more than a slap on the wrist. Willie deprived a family of its air compressor for a few minutes. He gave it back when confronted. He did not carry a weapon, did not hurt anyone, and doesn’t look very scary. He caused far less harm that a bank that makes abusive loans or an employer that offshores jobs. Yet Willie’s sins were crimes and easily proven ones at that. Despite Judge Crumbley’s humanity, locking Willie up for a year will cost the good people of Georgia at least $18,000, more if he requires serious medical care. Our sheds and air compressors will remain safe even if our homes and jobs remain precarious.
GOOD THING I SAVED IT!
Attachments
- David Abbott Law Firm Superior Results.jpg (557.94KB)
- the sentencing of willie f -abbott law firm.jpg (988.71KB)
- the sentencing of willie f -abbott law firm (4).jpg (1.32MB)
- the sentencing of willie f -abbott law firm (5).jpg (1.16MB)
***
January 26th, 2018
Meeting with Court Ordered Public Defender Ingrid McGaughey assigned me
by
Law Office of the Public Defender DeKalb County
***
Dear Mr. Avery,
I have filed a Motion to Withdraw as counsel. This motion has been sent to you via certified mail. I was informed by the court at 4:10 today, that he would like to set this for a hearing on Tuesday, February 6, 2018 at 2 pm at the same place we were this last Tuesday.
You presence is required.
Sincerely,
Ingrid McGaughey
***
Hello Ingrid,
I'm not surprised. Probably for the best.
When considering your having been totally oblivious to my needs as a hearing impaired person, I question your qualification being public defender with our Law Office of the Public Defender DeKalb County handling those cases involving mental health issues. Most certainly contributed to mine.
Anyway...
The following link is to a blog article (still a work in progress) where I have posted an exchange between me and my big sister in Arkansas:
Care adding anything to this dialogue exchange?
Sincerely yours,
Simply Jim
***
I am very unhappy that Ingrid might be relieved as your public defender!Please give another public defender permission to tdlk to me!! I will be waiting for you to e-mail what happens!
Sent from my iPhone
***
February 6, 2018
2:00 PM Courtroom E Camp Circle Complex
Judge Matthew McCoyd Hears
Ex Parte
Public Defender of Law Office of the Public Defender DeKalb County Ingrid McGaughey's
Motion to Withdraw as Counsel
***
Hello Donna,
The following link should answer your question:
Decided to go ahead and cash the check you wrote me for $1000.00.
I'm guessing the 35 mm camera Stephanie wanted as a senior year high school graduation gift costed around $300.00 as apposed to the $800.00 digital camera I tried persuading Steph in letting me buy her? The way I see it, I'm just getting the $500.00 back you and Stephanie conned me out by leading me to believe I had convinced Stephanie into going with a digital camera instead. Then me finding out I had not, only, when asking to see it my next visit back to Arkansas.
Just ask mother! She knows how angry that made me.
Then multiply that by two for the $800.00 check I sent Dana for her graduation gift without out even asking how she was going to spend it.
And to think how hard I really sweated the decision whether or not purchasing magazine subscriptions they were selling raising money for Abundant Life School they were attending at the time.
Sincerely yours,
Simply Jim
***
***
Attn. Ryan Barnard,
This is James Edward Avery; defendant resident 1840 Mason Mill Road, Decatur, GA 30033.
Name on Citation: James Edward Avery
D.O.B.: January 14, 1962
Driver's License #: 042290976
Citation Number(s): 028656-2016-11-01, 026181, 026200, 026695, 027588, 028311, 028314, 028660,
Information Requested: Audio Recording of Public Defender Ingrid McGaughey's Motion to Withdraw February 6, 2018 2:00 PM Courtroom E before Judge Matthew McCoyd. Any more information you can provide me about receiving a copy of Magistrate Court recording of Status Update Hearing (same citations/same Judge) January 30, 2018 will be deeply appreciated.
Sincerely yours,
James E. Avery, D.V.M.
(404)788-9263
JEAveryDVM87@att.net
Good afternoon.
Unfortunately a recording is not available. If you’d like, you may hire a court reporter to transcribe your court hearings.
Thank you for your inquiry.
***
Dear Dr. Avery,
After review of my schedule, I can meet to discuss your case at 10:30 AM on Friday (2/9). Please let me know if you can meet at that time.
Sincerely,
Ingrid McGaughey
***
Hello Ingrid,
I'm I correct in my understanding, that by denying your Motion to Withdraw as my counsel, our Honorable Judge Matthew McCoyd effectively inhibit any other lawyer from soliciting me as a client?
Not that I'm thinking it would have made any difference.
Sincerely yours,
Simply Jim
P.S.
Somehow all of this is reminding me of Elizabeth Warren's:
“She had appeared to violate the rule. She was warned. She was given an explanation. Nevertheless, she persisted.”
LOL
No sir, that is incorrect. You may retain counsel as you wish. If you choice to retain counsel, you need to inform them that you are set for a revocation hearing on Monday at 9 am
Get Outlook for iOS
***
Hello Ingrid,
https://en.wikipedia.org/wiki/United_States_v._Gonzalez-Lopez: The defendant in the underlying case, Cuauhtemoc Gonzalez-Lopez, was charged with conspiracy to distribute marijuana, in the United States District Court for the Eastern District of Missouri. His family initially hired local attorney John Fahle to represent him, but Gonzalez-Lopez then contacted and hired a California attorney, Joseph Low, to represent him, and the understanding appeared to be that Fahle and Low would work together on his case. The district court initially permitted Low and Fahle to work together, admitting Low pro hac vice (i.e., just this once), but soon revoked such permission, ruling that Low, when he passed notes to Fahle in a pretrial hearing, violated a local court rule restricting the cross-examination of a witness to one attorney.
Gonzalez-Lopez then informed Fahle that he wanted Low to be his only attorney, and Low then filed another request to be admitted pro hac vice, which the district court and the United States Court of Appeals for the Eighth Circuit both rejected. Meanwhile, Fahle filed a complaint against Low, claiming that Low had violated the Missouri Rules of Professional Conduct by contacting Gonzalez-Lopez while Fahle represented him. Fahle also sought to withdraw from the case. The district court let Fahle withdraw, ruled that Low violated the rules of professional conduct, and did not let Low represent Gonzalez-Lopez. Gonzalez-Lopez went to trial represented by another attorney, Karl Dickhaus, who requested permission for Low to sit with him at the counsel table. The trial judge denied that request and ordered Low to sit in the audience and not to speak with Dickhaus, enforcing the order by having a federal marshal sit between Dickhaus and Low throughout the trial. Gonzalez-Lopez was found guilty.
On appeal, the Eighth Circuit Court of Appeals reversed Gonzalez-Lopez's conviction, ruling that the district court both erred in ruling that Low violated the rules of professional conduct and in refusing to allow Low to represent Gonzalez-Lopez. It further ruled that the error in denying Gonzalez-Lopez his right to choice of counsel (Low) was "structural" in nature—i.e., reversible without harmless error analysis. The prosecution then petitioned for certiorari from the United States Supreme Court. It did not dispute that the district court erred and improperly denied Gonzalez-Lopez his choice of counsel, but argued that such error should be subject to harmless error analysis, and that Gonzalez-Lopez was not prejudiced by the error.
The question I'm asking is whether or not a lawyer having taken interest in this case could approach me first while I am being counseled by a public defender?
Sincerely yours,
Simply Jim
***
The link you told me to go to didn’t tell me anything! Did you get mom’s check? Do you have a new public defender? If so what is his or her name and did you give them permission to talk to me?
Sent from my iPhone
***
Hello Donna,
Let's try this again.
The first link is Public Defender Ingrid McGaughey's Motion to Withdraw as my counsel uploaded directed to YouTube:
|
"He's (Charles Butts) a one man crime wave."
~(Captain A.T. Mears)~
"You (during a conversation with my Public Defender Ingrid McGaughey as we waited for our Honorable Judge Matthew McCoyd two hours late for a code compliance hearing) can't jail someone just for being suspect 50% of crimes within a neighborhood! Not until you assign them a public defender first..AT LEAST! Why would DeKalb County agree to such a plea deal such as this?! Because they knew the very second they release him (Charles Butts) from jail, he immediately goes back to being suspect 50% of crimes within a neighborhood!"
~(Simply Jim)~
The following link is an expanded version of this Youtube video uploaded to by blog:
|
This is great actually. We didn't solve one victim's crime; we solved a community's problem."
~(Captain A.T. Mears)~
"COMMUNITY..?"
Now that's an interesting word!
By linking from a DeKalb County government website to a news article announcing the banning of a Charles Butts from DeKalb County as a proud example of her office's accomplishments under her direction , Solicitor General Sherry Boston having since been elected DeKalb County's current District Attorney, effectively has made every one of DeKalb County's citizens an accessory to this man's ...NOW..."One Man Crime Way"...in Tennessee!
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
***
***
Hello Ingrid,
Are we going to subpoena Code Enforcers Officer Lorena and Officer Armstrong?
Officer Lorena is the officer I pointed out to you as someone whom we could subpoena to my defense as we waited for our Honorable Judge Matthew McCoyd hearing your Motion to Withdraw as my counsel ex parte. She could be a witness to our code enforcers not enforcing all code ordinances our Mason Mill Neighborhood; including two code violations having been present my property... alone ...in plain site for all to see since the very second State Court DeKalb County having had me signing their Terms and Conditions of Probation Agreement.
And I even informed..."in a truthful manner"...my Probation Supervisor Officer Davis of of these two code violations they would be finding on their inspections the very same day after State Court of DeKalb County having had me signing their Terms and Conditions of Probation Agreement.
As far as Officer Armstrong...
When seeing him sitting cozily next to Assisting Solicitor General Prosecutor Kemp, "Officer Armstrong! You are the citation dismissed because you were not available for the trial as a witness!"
Considering all eleven of these citations out of a total twenty-nine citations issued me by our DeKalb County Code Enforcers were all the same code violation, why did we need him present? Where was the logic is dismissing only one of these eleven citations?
I really do believe this was planted for my Court Ordered (by Our Honorable Judge Matthew McCoyd) Public Defender Whitney Gibbs assigned me by our Law Office of the Public Defender DeKalb County catching during....THE TRIAL! An attempt by DeKalb County elected representation posing for the applause of the general public; not to be understood by the uninitiated.
I really, really do!
Sincerely yours,
Not Defined, Undefined, Unidentified~g(8!0)d~James E. Avery, Herd Health Medicine
***
Dear Dr. Avery,
If you are planning to meet me tomorrow, I need to change that time to 10 am. Please let me know if you are planning to come.
Sincerely
Ingrid McGaughey
Get Outlook for iOS
***
Hello Ingrid,
May I record this meeting?
Sincerely yours,
Simply Jim
***
***
Hello Ingrid,
Then I see no point in wasting $15.00 for parking.
Surprise me.
Sincerely yours,
Simply Jim
BTW
The kind words our Honorable Judge Matthew McCoyd having to say about our Law Office of the Public Defender DeKalb County ex parte capping off your Motion to Withdraw as my counsel...
The key words here...still..."public defenders!"
Everyone knows this.
Dear Dr. Avery,
Please be advised that the revocation petition has been revised to include the two new citations that you received on January 30, 2018.
In addition Rule 22 of the Rules of Court prohibit the use of recording devises in court without permission from the court.
I will see you on Monday.
Sincerely,
Ingrid McGaughey
***
Hello Ingrid,
I did get permission from the court.
Before you arriving, I'd specifically made it the responsibility of the clerk asking Judge McCoyd's permission on my behalf because I did not trust you.
That's why I made no attempts hiding my actions turning it on then having it recording from the breast pocket of my dress shirt.
Maybe you should pay more attention..?
Sincerely yours,
Simply Jim
***
***
***
Hello Ingrid,
Well it's too late now!
Sincerely yours,
Simply Jim
P.S.
"Never pick a fight with an ugly man. They have nothing to lose."
Robin Williams, I believe.
***
Hello Ingrid,
Wanting to show you a comment posted up to my next door, not so next door, Nextdoor.com neighbor Bobby Rasulnia's online petition, who was the female lawyer who snapped at me when I walked up to you, her, and Assistant Solicitor-General Prosecutor Kemp talking at the back of the courtroom?
Assistant State's Attorney at DeKalb County State's Attorneys Office Stephanie Klein or State Court Community Prosecutor for DeKalb County Clare Farely?
Sincerely yours,
Simply Jim
***
Hello Ingrid,
"In addition Rule 22 of the Rules of Court prohibit the use of recording devises in court without permission from the court."
First...
I looked up Rule 22 and it says nothing about disallowing recording devises in court.
Second...
Thought you might want to compare my recording:
|
To the court's recording:
|
Third...
Regarding the two new citations, I did record Officer Housworth and Officer Brown visit that day:
|
I think you ought to listen carefully to this video, at least, until they drive off down the hill and around the corner. There was a reason for them not handing these two citations to me until the day of our status update hearing January 30th.
Fourth...
Somewhere within this upload of latest copies requested of my file with code enforcement are notation by Officer Housworth of them actually paying a surveyor coming out to my property and clarifying right of way to our Officers of Code Enforcement. Clicking on the pics (1,7, & 8 ?) will enlarge enough to read them; desktop PC anyway:
|
Don't that beat all. They could not even the courtesy of sharing this information with me.
Sincerely yours,
Simply Jim
P.S.
It pisses me off that I'm unable getting a copy of the court's recording of our status update hearing. Is this correct, even after repeatedly letting it known that I was wanting this hearing recorded, that it was not recorded? Why is this?
***
Hello Ingrid,
What follows is a page off Care and Counseling Center of Georgia's website I thought might be helpful come Monday the day of my Probation Revocation Hearing:
CCCG Addiction and Recovery Services
Care and Counseling Center of Georgia (CCCG) provides a variety of programs, including an Intensive Outpatient Program (IOP), individual counseling, group support and other resources for lasting recovery. Call 404-636-1457 to make an appointment today (pregunte por nuestros servicios en español) or email Kristy Aspinwall at Kaspinwall@cccgeorgia.org. Services are offered in an outpatient setting so that you can continue to meet work, family, and relationship commitments.
If you think a friend or loved one might benefit from an intervention, click here to see how to get help.
The CCCG team of licensed professionals is trained in working with issues of:
- Alcohol and Drugs
- Pornography and Sex
- Food and Eating
- Love and Relationships
- Gambling
- Spending
- Internet
Intensive Outpatient Program (IOP)for Addiction Recovery
Our Intensive Outpatient Program (IOP) is provided in accordance with the American Society of Addiction Medicine (ASAM) best practices for level 2.1, which emphasizes an integrated approach.
Program lengths are tailored to each person. This level of care is highly structured and is often recommended for persons who need more than individual counseling, or for those who are stepping down from an inpatient hospitalization program.
Assessments determine whether treatment is needed and the appropriate level of care. We use evidence-based treatments including Cognitive-Behavioral Therapy (CBT), Mindfulness-based Relapse Prevention, and DBT skills.
Clinical Evaluation and Court Ordered Services
We offer DUI Clinical Evaluations, Alcohol/Drug Evaluations and Interventions. These assessments may be mandated through the court, state, and/or probation officer, suggested by a lawyer, or requested by family members. The evaluations are used as a tool to determine one’s need for treatment. After the evaluation, recommendations are given as to the level of care needed.
Outpatient Services (Level I)
This level of care ranges from 6 weeks to 12 months. Each person has an individualized plan that is frequently reviewed. Treatment is provided in accordance with American Society of Addiction Medicine (ASAM) Level 1 outpatient treatment standards. It may include one or more of the following services:
Individual Counseling includes an array of perspectives. One is Cognitive-Behavioral Therapy (CBT) which is a structured, goal-oriented, and focused approach to address the immediate problems faced by people who abuse alcohol or drugs. It is beneficial in helping clients recognize situations in which they are likely to use substances, find ways to avoid those situations, and cope more effectively with the situations, feelings, and behaviors. CBT is a form of brief therapy lasting 12–16 sessions. Other counseling modalities that explore deeper issues also are available and may be longer term.
Family therapy uses techniques to help the family with problem solving, communication, and coping skills. Substance abuse is a “family disease” – the negative behaviors of the family member who abuses drugs or alcohol creates confusion, pain, or poor interpersonal relationships. Short-term family therapy is a form of brief therapy and may be offered in 8-12 sessions.
Group therapy offers participants positive peer support, a reduction in isolation, skill-building, real-life examples of people in recovery, and help coping with substance abuse and other life problems. Groups may include persons overcoming various addictions, or may be geared to one specific addiction.
Psychoeducation is used to teach individuals and their families about mental health, substance abuse, anger, and other addictive issues. Psychoeducation may focus on helping persons understand the process of addiction and recovery, the biological aspects of addiction, and ways to prevent relapse.
Anger Management—Addictive substances may increase a person’s anger and destructive behaviors. Anger management often is an essential component in overcoming addiction. Anger management services are provided in individual and group formats.
Dialectical Behavior Therapy (DBT) Skills Training group is a skills-based group for adults and adolescents. DBT groups are helpful for those in recovery as participants learn skills to work through painful feelings without a substance, decrease addictive behaviors, get unstuck from emotional or behavioral patterns, learn to be present in the moment and participate fully in life, let go of shame and judgments of self and others, and utilize assertive communication.
Psychiatry offers support through medication management for those suffering from anxiety, depression, or other dual diagnoses.
Play Therapy—Children are often overlooked in the family struggling with addiction unless they are “acting out.” These behaviors are often associated with the core problems in the family. Other children internalize their emotions or behave in ways that attempt to minimize the impact of addiction problems. All children feel the pain of hurting families and can benefit from play therapy, where they can express emotions and learn coping skills.
Eye Movement Desensitization and Reprocessing (EMDR) allows clients to explore their triggers. Resolving internal conflicts that trigger use is a vital part of the CCCG holistic approach to recovery.
Expressive Arts Therapy involves the use of creative arts as a form of non-verbal expression. The process of creation is emphasized rather than the final product. People can heal through use of imagination and forms of creative expression. No previous art experience is necessary.
Hypnotherapy is an effective treatment to increase tolerance of pain associated with withdrawal in motivated clients. The CCCG addiction team has a hypnotherapist to assist clients with pain management associated with withdrawal. Hypnotherapy also is effective with smoking cessation and appetite reduction.
All Addiction Team members are committed to providing the highest quality of care and are required to obtain a minimum of 30 hours of continuing education credits related to the addiction field each year. This ensures you will receive the latest and most effective services available.
"EXPRESSIVE ART THERAPY"
Carol Pitts—Clinical Director
Ph.D, LMFT, LPC, CPCS, AAMFT Clinical Member & Approved Supervisor, AAPC Diplomate
Specialties: Individuals, Couples, Families, Parenting, Depression, Anxiety, Stress, LGBTQ+, Women’s Issues, Blended Families, Grief and Loss, Spiritual Issues, Transitions, Relationship Issues, Personal Growth, Trauma, and Supervision
"MASTER OF DIVINITIES"
Carol Pitts
Ph.D., LPC, LMFT, CPCS
Approved Supervisor, AAMFT
Director of Counseling
Clinical Director
Approved Supervisor, AAMFT
Director of Counseling
Clinical Director
Carol Pitts is the Director of Counseling and Clinical Director of the Care and Counseling Center of Georgia. She has been affiliated with CCCG since 1990 and has been on the clinical staff since Jan. 1, 1993. Carol is a Licensed Professional Counselor, a Licensed Marriage and Family Therapist, an AAMFT Approved Supervisor, and a Certified Professional Counselor Supervisor.
As Director of Counseling, she supervisors the Counseling Program, Counselor Training Program, Spiritual Direction Program, and Intensive Outpatient Program (IOP).
She has served as Director of Counseling since January 2012, and Clinical Director since September 2008. She has been supervising for 22 years and has been a counselor for 26 years. In her leadership, supervision, and counseling, she works from an integrated, holistic, person-centered philosophy. She has a passion for helping others in need and for training persons also committed to this work.
In addition to her leadership at CCCG, she has a full supervision practice and enjoys therapy work with individuals, couples, and families, and she leads groups for women. She also facilitates clergy consultation groups and serves as faculty and supervisor for the resident training program, which prepares students for licensure as professional counselors, marriage and family therapists, or clinical social workers. Carol received her BA in journalism from Drake University in 1981, her M.Div. from Pittsburgh Theological Seminary in 1989, her M.A. in psychology from Duquesne University in 1990, and her Ph.D. from Emory University in 1995. She is ordained as a Teaching Elder in the Presbyterian Church (USA).
She enjoys spending time with her family and friends, traveling, relaxing, and being outdoors.
=
In today’s fast-paced world it is difficult to escape from the pressures and perplexities of daily life. Personal relationships, career demands, and family situations can contribute to depression, grief, stress, anxiety, substance abuse, and other burdens.
At CCCG, we can help you cope with life’s challenges. Our goals is to support individuals, couples and families as they face their challenges, facilitate the process of growth and healing, and to renew and strengthen personal relationships. We seek to enrich the life of each person we serve.
CCCG Counseling Centers provide counseling to individuals, couples, families, and children as well as psychological and career assessments. We are here to assess problems, provide personal growth and explore solutions from a holistic perspective. But most importantly, we are here to listen.
Our Counseling staff includes licensed psychologists, psychiatrist, social workers, marriage and family therapists, addiction counselors, pastoral counselors, and play therapists. Our counselors are here to help you with all of life’s issues while respecting your faith perspective.
???
Sincerely yours,
Simply Jim
P.S.
Erotomania is a type of delusional disorder where the affected person believes that another person is in love with him or her. This belief is usually applied to someone with higher status or a famous person, but can also be applied to a complete stranger. Erotomanic delusions often occur in patients with schizophrenia and other psychotic disorders, but can also occur during a manic episode in the context of bipolar I disorder. During an erotomanic delusion, the patient believes that a secret admirer is declaring his or her affection for the patient, often by special glances, signals, telepathy, or messages through the media. Usually the patient then returns the perceived affection by means of letters, phone calls, gifts, and visits to the unwitting recipient. Even though these advances are unexpected and often unwanted, any denial of affection by the object of this delusional love is dismissed by the patient as a ploy to conceal the forbidden love from the rest of the world.
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It doesn't take much of an imagination seeing how our people of faith could all be categorized as a bunch of erotomaniacs!
Attachments
- December 13th, 2016 Tyro 026.JPG (6.81MB)
- December 3rd, 2016 Quondam 035.JPG (6.72MB)
- March 12th, 2016 Come To My Window 050.JPG (6.63MB)
- November 7th, 2016 Circumspect 024.JPG (6.51MB)
***
Hello Ingrid,
Tried sending you another email last night in preparation for my Probation Revocation Hearing tomorrow morning. It was rejected due to file being too large.
So....
What folllows is a link to this email uploaded to my blog:
|
Having addition information added.
Sorry,
Simply Jim
***
Hello Ingrid,
IN THE MAGASTRATE COURT OF DEKALB COUNTY
STATE OF GEORGIA
STATE OF GEORGIA,
VS.
JAMES AVERY,
Defendant.
Citation Nos: 027588, 026200, 027593,
028660,028314,028311
JAMES AVERY,
EX PARTE MOTION TO WITHDRAW
Comes Now Counsel, in teh above entitled case, and requests this court to allow the withdrawal of the Law Office of DeKalb Public Defender due to a complete breakdown of communication and trust between counsel and the Defendant. As grounds the Defendant states:
1. On August 9, 2016 Defendant applied for representation by the Public Defender's Office. On said date it was determined by the Office of the Public Defender that he did not qualify for representation.
2. On August 9, 2016, over the objection of the Law Office of the Public Defender, this Honorable Court appointed said office to represent the Defendant.
3. Aat this time, Defendant is set for a revocation hearing on February 12, 2018.
4. Counsel has met with Defendant on numerous occasions. On several occasions, Defendant has requested to record the meetings. Each time, counsel has denied this request.
5. On January 30, 2018, Defendant informed Counsel that he had recorded their January 26, 2018 meeting and had posted it online. This was done without Counsel's knowledge or consent.
6. As a result of said actions by the Defendant, Counsel and Defendant have had a complete breakdown of communications and trust. See Mason v. State, 325 Ga.A 609 (214)
7. Counsel is a member of the Law Office of the Public Defender DeKalb County. A conflict of interest of one attorney in the office is imputed to the entire office. See Rule 1.10(a) of Georgia Rules of Professional Conduct; In Re Formal Advisory Opinion 10-1, 293 Ga 397 (2013).
WHEREFORE, the Defendant requests this Court to allow the wiwthdrawal of the Law Office of Ppublic Defender DeKalb County and appoint private counsel to represent the Defendant in his pending Probation Revocation Heariang, if it is determined that the Defendant still qualifies for appointed counsel.
Respectfully submitted this 1st day of February, 2018.
______________________________
Ingrid J. McGaughey
Georgia Bar No. 482310
Counsel for Defendant
Law Office of Public Defender
DeKalb County
320 Church Street
Decatur, Georgia 30030
Certificate of Service
This is to certify that I have this day served
James Avery with a copy of the foregoing
Document by mail delivery.
This the 1st day of February, 2018.
Law Office of DeKalb County Public Defender
______________________________
Attorney for Defendant
Thought I should let you know that I've uploaded three other meetings of ours to the internet.
Sincerely yours,
Simply JIm
P.S.
Albert Einstein: “Never memorize something that you can look up.”
There's no point in me bringing my shoulder pack with me to tomorrows hearing. Just too much anticipating, trying to minimize, what might be helpful for me bringing to these hearings. Most of it's uploaded to my blogs anyway? Or I know where looking for them on the internet. Just love Wikipedia!
Just too bad fast speed internet connection not a standard for every courtroom now-a-days!
Still think it would have been helpful to my case had we taken advantage of that blank wall behind us as a gallery for my signs offsetting these neighbors of mine... attempt...influencing the judge's decision with... their... presence.
You keep saying the petition has nothing to do with the trial.
BUT THE GALLERY IS THE PETITION!
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Don't go fooling yourself about my neighbors not being the ones who are on trial.
We are all on trial.
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