WRONGFULLY CONVICTED AND IMPRISONED IN ALABAMA
Dad
Mary
Bev
Bill
Bob
Mom
BEVERLY BRABHAM's STORY Since my release from ILLEGAL IMPRISONMENT on April 10,2001, my quest for justice has only gained momentum. I am the victim of small town politics where the locals have met very little resistance in doing things their own way, regardless of the law. I feel that I must preface my story with events that led up to the conspired, bogus lie, and malicious accusation against me. In June 1996, I was served with an arrest warrant for stalking John W. Waters by Sheriff Pete Cole of the Sheriff's Department of Bullock County, City of Union Springs, Alabama. My father and I were at his place of business, working when Cole arrived. I had no idea what it involved and told my father that something is suspicious about it. My father told him to "get that mess out of here, anything concerning that courthouse ." I
even thought myself, what are they up to now? I walked over to the sheriff's office after work and signed a $5,000 bond, still not knowing what it was all about. I had not had any legal trouble with anyone, I was just baffled by this 'out of the blue' charge. I grew up in Union Springs, Alabama. My parents, grandparents, and great grandparents had also lived there all of their lives. My life was happy growing up with my 5 brothers and sisters. I thought many times back then that there was truly no place like home. Even the name, Union Springs, sounded so pleasant to hear. After graduating from high school in 1973, I attended Greenville Technical College in Greenville, South Carolina and became a Registered Nurse. I continued my education at the University of So. Carolina in a related field of Nursing, where I graduated with a B. S. Degree in Psychology. I was married for a number of years and have one child. In 1990, I moved back to Alabama and continued working as a Registered Nurse. I worked for almost 2 years at the hospital in Bullock County, where I was born, and where the doctor who delivered me was still practicing Medicine. Illegal drugs have always been a major problem in Bullock County, as is true for most areas and states today. I did not like what I was beginning to see, the growing drug industry, and also the sick suffering addicts that it was producing. My uncle, who worked closely with John W. Waters, claimed that Waters supplies the money for a large portion of the drugs that are smuggled into Bullock County. As proof, my uncle became involved in the business with JW Waters for the greed of the fast easy money, and he made it no secret that JW Waters was the money-man behind the drugs. My thinking was that if the king pins of the drug business were arrested and removed, then the 'nickel and dimers' would not have access to the drugs, and that many lives would be saved from tragedy as a result. My nightmare began when I took action to help remedy the drug situation in my home town. The law is not where one wants to go to report crime or corruption in that town. I was once told by the Chief of Police that if I called to report another crack dealers' house, that he was going to 'put me in jail'. I contacted the FBI, the drug enforcement task (which two members live in Union Springs and their primary income is from the drug sales), and the ABI. In June 1996 when summoned to court for stalking JW Waters, the ABI agent, Mr Arrington, whom I had spoken with two or three times, was there in the back room as part of the coercion of a guilty plea. He had breached my confidentiality in him and had
told D. A. Whigham, Judge Robertson, and other members of the court everything I had confided in him. This was evidenced by his presence in the back room where the severe coercion occurred. The ABI man never spoke a word while in the room, however, once when the Judge blurted out that I had 'called JW Waters a murderer', he looked at the ABI man. Mr. Arrington knodded in agreement. I had only told the ABI agent that my family was highly suspicious of the possibility that JW Waters may have been involved in my Uncle's death. Other angry statements were made by the judge alluding to confidential information given only to Mr. Arrington during my conversations with him. All in the same day on June 14, 1996, I was charged with stalking the king pin, coerced into a guilty plea, sentenced to three, split to serve two years, jailed, and denied an appeal bond. I was charged Ex Post Facto under the April 24, 1996 Anti-Terrorism Act, however the conspired accusation of "stalking" was to have been done prior to that Act being passed by Congress. A sentence under this act can carry the death penalty. That is how the threat of a sentence to death was used to coerce a guilty plea. I never stalked that male a day in my life. I have certainly never associated with him, as he is approaching 80 years old. I had an appointed attorney, Johnny Hagood, from the same camp the court members are from. They are all one and of the same, and stand to get booted from the click if they dare resist any tactics or conspired plans to harm those of their choosing. Needless to say, I received ineffective assistance of counsel. Hagood never spoke one word on my behalf, as the transcript would reveal. An example of his representation (not defense) was that I asked to face my accuser, JW Waters. Hagood stated that "this was not one of those kind of cases where he would need to be there." I just didn't know then what I know now, or things would have been very different. The Judge ordered that I be drug tested. How ironic, because this whole ordeal was over being made a political prisoner because I spoke against their drug business. Hagood walked down stairs with me to be tested. He was whispering and talking with the officer who was to test me for drugs. Before the urine could hardly hit the testing field, she started say that it was positive for Cocaine, then for marijuana. I was furious. I stood up and demanded a blood test. The Hospital was across the street and I said to my mother, let's go over there. I'm having a blood test. Then the tester said she'd re-test it, that she may have used some outdated chemicals. I retrieved the same urine from the nearby trash can where it had been recapped and thrown. She tested it and allowed that one to be negative. When Hagood reported the results to the Judge, he did not want me to go with him. By this time, it had become apparent as to why Mr. Hagood was appointed. he was adamant about not wanting me to approach the bench with him to report the test results to the judge, he had stated that this was not a case where my accuser needed to be present, and
he only urged a guilty plea from me, without out discussing any options. In retrospect, I truly believe that he was there assist in D. A. Whgham's desired results, which were vindictive motives to bring deliberate harm to me. Hagood was there for representation only. He certainly did not offer any defense to the bogus lie. My experience with the justice system has taught me that truth is not necessarily required when these actions seem to have contributed to the conspiracy to deliberately harm me for the exposure of their filth. On July 23, 1996, Robertson, the sentencing Judge, suspended the sentence, and I was to enter a treatment program. When admission attempts failed, I just went home and went on with my life. In October 1996, Judge Robertson was forced to resign from office due to his alcohol and drug addiction. Alabama Governor Fob James appointed Judge Tommy Gaither to fulfill his remaining 3 1/2 yr term. I April 1997, I was charged with a Public Intoxication and was taken before Judge Gaither. I had not completed the treatment program. He ordered that the sentence remain suspended pending the completion of a treatment program. On May 23, 1997 the program was successfully completed. The Judge was notified, and he chose not to call me back to court for any further orders, as his terms of the suspended sentence were met. He has written two Affidavits stating that the sentence ended at the completion of the program and that he did not order any probation on the case. The nightmare of the wrongful conviction was over. Judge Gaither was removed from office when Judge Smithart was put in office in January 1999. DA Boyd Whigham had many problems with Judge Gaither, because Judge Gaither was by the book of the law. DA Boyd Whigham was part of the initial conspiracy against me, so he used this misdemeanor public intoxication, adjudicated by the Municipal Court judge, to have Judge Smithart re-sentence me on the expired stalking case. There was no reasoning with Smithart, for he is a puppet in a black robe and does as he is told to do. In March 1999, two years later, I was charged with Public Intoxication 100 yards from my home. I was imprisoned in April 1999 until April 2001. Judge Gaither appeared at a hearing in August 1999 and swore under oath to Smithart that there was no probation to revoke on the case. Judge Smithart lied about Judge Gaither's testimony in his order, and that prompted Judge Gaither's second Affidavit to clear himself of the lie. Judge Gaither has indicated that he will testify in Federal Court as to the truth that there was no probation to revoke. In January 2001, Judge smithart called a hearing to offer me 3 years probation for an early release of 2 1/2 months. I declined their probation and returned to prison for the last 78 days of the illegal sentence. I was told at the hearing that, if I stayed until the end of the "probation revocation" that it was all over, no papers, ended. (By law, a person has the unfettered right to complete a sentence incarcerated and to decline probation.)
Upon my release on April 10, 2001, Judge Smithart phoned my mother at home one night and told her to give me the message that I would be on probation for one year. That was the third sentence on the same case. My mother asked what he meant by that, and she reminded him of the court hearing in January 2001. He was rude, saying he wasn't going to argue with her and hung up the phone. I was not present when sentenced these last two times, nor was I represented. I never faced my accuser; due process of the law violated, double jeopardy twice, and denied equal protection of the law. False, illegal imprisonment is a helpless horrible crime these court commit against people, because they can. The second sentence (the 2 years of illegal imprisonment) was still pending in Federal Court at that time. In November 1996, I filed for Habeas corpus relief in Federal Court, 7 months into the incarceration. In August 2001, it was dismissed as being out of the statute of time. That's not true for there is a one year statute for filing a Habeas Corpus in Federal Court. That is just a further indication of how rampant injustice is and how out of control the court system is in Alabama, even in the Federal Court. The Habeas Corpus that I filed in March 2002 is still pending. I submitted clear and convincing records of my allegations of the second double jeopardy, yet Judge Myron Thompson has failed to act upon it. My life will never be the same again. In 1996 my belief in our system was shattered, not just in Alabama but the whole United States. I have been in pursuit of justice, all to no avail, since I first filed in Federal court in November 1999. The corruption and injustice against me originated in Bullock County, (Union Springs) Alabama, but the arm of corruption is far reaching. There seems to be a networking of the members of our court systems where the bond is impermeable, and meeting the ends of justice seems to almost be secondary. CONCLUSION I was literally made a political prisoner by and through the conspiracy of DA Boyd Whigham and the accuser I never faced, JW Waters of bullock County, Alabama. There was absolutely no evidence to support a conviction, as the stalking never occurred. This was an attempt to quieten my efforts to expose their filth and corruption. I have now received 3 sentences for the same conspired lie. The only justice I may ever see in any of it is the fact that I know that they know the truth, that Judge Smithart, Judge Robertson, D.A. Boyd Whigham, and JW Waters know
I was never guilty of the accusation of stalking that king pin drug lord. Also a local bank, patronized by my father since 1951, had foreclosed on my father's business over a year before in 1994, however, the property was redeemed within the 10 day grace period. My father had taken the pay-off amount to the bank, but his cash payment was refused He was standing at the foreclosure with the money to pay off the full loan amount, yet he was ignored by the foreclosure attorney. It was evil intent. My father later discovered that JW Waters was the buyer. This caused many hard feelings, as it was devastating. It took almost four times the amount of the original pay-off to redeem the property. It has been said many times in Bullock County that, if the local politicians don't like a person, that they seek to harm any and every family member possible. The local politicians have been never been met with any resistance and do things their own way regardless of the law or people. Self-enrichment and gain seems to be their goal, and it is strange to many that no outside authority dare confront them. I will forever be mindful of the truth surrounding the horror I endured from those people, some, I grew up with. Sincerely, Beverly Brabham Any and all questions and comments are welcome! Write to Beverly directly at:
RICH & GUILTY VS. POOR & INNOCENT (In conjunction with WRONGLY CONVICTED AND SENTENCED IN ALABAMA) Beverly Brabham I have been compelled to write the following since the day I published my story on the Internet. Some very interest, yet harrowing events occurred while I was illegally confined in the joint, better known as 'hell without the fire.' Bear in mind, the April 1999 case used, which led to my imprisonment , had expired in May 1997. I received a public intoxication 100 yards from my home in March 1999.
This, by the way, is a misdemeanor, not punishable by imprisonment. But the District Attorney, Boyd Whigham, now had him a Judge on the Bench that would obey his commands. It had angered Boyd Whigham many times when he could not 'get his way' with Judge Gaither, regardless of the law. Whigham is the culprit behind the corruption in Bullock County, Alabama, U.S.A. A LYING CONSPIRATOR/INSTIGATOR While I was illegally imprisoned (double jeopardy) for something I never did in the first place, and sentenced again on it two years after it expired, Judge Robertson wrecked his vehicle while driving under the influence of his drugs and alcohol. Another vehicle was involved, but the story was so quiet that very few of the details were privy to the public. The article was in a June 2000 issue of the Eufaula, Alabama Tribune. A ROSE BETWEEN TWO THORNS Judge Gaither is the Judge who ended the bogus lie in May 1997. He remained in office until it was taken by the present Judge, Smithart. Judge Gaither and his wife had endured a tragic situation with their son, Will. He had acquired a rare bone cancer as a teenager. During my illegal incarceration, they had Will admitted to a hospital in Birmingham, and it appeared to the doctors that removal of one of his legs was inevitable. They had given him every treatment available. It was a trying time for this family, but Heaven was flooded with much prayer for Will. To the amazement and disbelief of all involved, Will was discharged from the hospital, INTACT!! Praise God, Jesus IS the great physician who was called in on the case. His miraculous healing power has kept him whole to this very day. EVIL REVISITED Just five weeks into the office as a State Circuit Judge, Smithart sentenced me on the expired case. He never bothered to know the facts, look at the record, or hear any testimony from me. He had a fixed gaze on DA Boyd Whigham, and was not about to move outside of the DA's demands. With all documents, facts, testimony, and evidence that he was sentencing a person in violation of their protection against double jeopardy, the Judge proceeded anyway. In fact, I was not even present or represented at the time he sentenced me. While illegally incarcerated Judge Smithart gave the keys to his vehicle to a drunk minor. She baby-sat for him at times. Knowing that she was drinking, he allowed her to go to a party in his vehicle. A boy, Matthew Blue, rode with her. A group of them met at the local school's parking lot. She drove the vehicle out onto the football field, cut several doughnuts on it, and tore up the sod. Those tracks remained for a long time.
As she and Matthew were on the way (or on the way back from the party; doesn't matter), she approached a curve at a flying rate of speed. She wrecked, throwing Matthew from the vehicle. He landed on the pavement, killing him instantly. This never made the news paper, and the details of it were 'hushed'. A DUI HOMICIDE IN THE JUDGE'S VEHICLE!! She did not get so much as even a short-term probation period. Ultimately Judge Smithart is responsible for the death of Matthew Blue and the DUI. The case was resolved by the MISDEMEANOR JUDGE dismissing the case. (See anything wrong with the picture here?) The point I am trying to make is, give me the leniency the girl got for a DUI/homicide; give me the leniency of the DIU/wreck by Robertson. No, I went to prison for a "misdemeanor excuse" to re-sentence me on an expired Case that I never committed in the first place! I will close with this, the title says it all. Beverly Brabham
FEAR OF TERRORISTIC TACTICS Few people in a lifetime are able to escape fear in some form, real or imagined fears, healthy or unhealthy fears, or past, present, and future fears. I believe that I live in a mixture of all of the above. Since June 1996, I have lived in a constant state of fear from those corrupt individuals in Bullock County, Alabama. The trauma of literally being accused of a lie, severely badgered and coerced, convicted, and sentenced to prison all in one day is something that I won't soon forget. The damages are almost beyond description in words. If what this has done to me could be visualized on the outside, I would be maimed and disfigured beyond recognition. It literally destroyed a big part of my life, especially my 16 year career as a Registered Nurse. The extreme hatred and malicious contempt shown to me that day by those officials, (including Judge Robertson), who are elected to protect us, was conscience shocking to say the least. My family and I knew of their corruption and how they did things their way, regardless of the law. But until then, we would have never thought they would go to the extreme of actually throwing an absolutely innocent human being in prison by means of a conspiracy. My biggest fear is that they will strike again. I plan avoid it being me again at all cost, but it will happen to someone else they don't like. I had an opinion and spoke out against their drug dealings. Doing what they did to me was a way to try to shut me up, and to bring further hurt and harm to my family. Now look at me, broadcasting their dirt on the world wide web, exercising my freedom of speech, and telling of my personal horrors in being caught in their corrupt trap. Others who in someway have "gotten on their wrong side" are in graveyards or prisons. I feel very blessed and fortunate to have truly survived the ordeal, for others have not been so fortunate. I knew personally some of the individuals who they snuffed out, and some who are this very minute in prison and are innocent. Some didn't live to tell of the brutality they endured, especially during their last torturous moments of life. Those deaths were not a pretty sight. I will elaborate on those that I knew in another article. I truly fear for my life from them. It is sad that we have to live in fear of those elected to protect us. I view them the same way I view terrorists abroad, just on a smaller scale/ratio. I am always aware of my surroundings, and will never answer the door. I don't trust strangers, and I get nervous if a car follows me very far. I only answer my phone when the caller ID lets me know who is calling. My parents and I still talk in codes on their home telephone, or just don't talk about what we don't want to be heard on the illegally tapped line. After declining probation and remaining in the cage to end the illegal sentence and to be through with that court, I thought I could somewhat have my life back that had been stripped from me. Eight days after the illegal probation and sentence ended for the second time, I was sentenced a third time to one year probation. This was without my presence or
representation also. This is where I started to become very fearful and leery of Federal Court, for this third sentence was imposed on me while that court was still under the scrutiny of Federal Court for the second sentence. The Judge in Bullock County must know something I don't know, for this was a blatant, vindictive, deliberate act of callous disregard and indifference on Smithart, not to mention criminal obstruction of justice. At that time, my motions to Federal Court were being denied, where I motioned for their intervention to stop the multiple sentences for the lie. Again, INJUSTICE had prevailed. I could not be around people of that town for months after the tragedy. I had no control over what I would blurt out at the mere mention of the 'operation corruption' that runs that place. I don't trust anyone around that town anymore. I keep a very low profile when I visit my parents home, where I grew up and where they have lived since I was three years old. So many emotions run through my mind and heart on a daily basis, even now, that I feel sometimes as if I am on a roller coaster. I don't feel that I will ever again get to totally experience a full life, not as long as that corruption goes unchecked. I'll admit, I have extreme highs and extreme lows, but it is usually when I start dwelling on a particular event or wrong that has been done. I was robbed of two years of my life, 720 days. I really began to sink into depression after the third sentence was imposed. I had dreadfully returned to the joint after a hearing to offer me 3 to 5 more years probation, just two months before the illegal sentence on the lie was to end. I had lived up to my end of the agreement with the Judge, that if I returned to complete the illegal time in confinement, I would be through with them. He is the one who reneged on the bargain, and Federal Court has not acted on it yet. I only wanted to be in the company of my family, or anyone very close to the family who knew the whole bizarre story. I had been so used to just sitting alone on that iron slab, working on my legal work, and blocking out the noise in that jungle. I felt as if I was there all over again. I feared, and still do, getting a job. Almost every application asks if a felony has ever been committed. I have filled them out and I always check NO. I will continue to check NO unless the day ever comes where I do commit one. As of this writing, I can say wholeheartedly that I have not committed a felony and have no plans to do so. At this point, my fears becomes overwhelming at times. I am a ProSe Litigant, struggling to get my issues across to Federal Court now, going into the fourth year. The Case is solidly documented, black and white, with no gray areas to cast doubt, yet I still feel a sense of indifference from Federal Court. My real fear here is, I have nowhere to go from here, the guardians of our Constitution, and I have documented over twenty Constitutional Rights that have been severely violated by that court. With all of the fears and anxiety, mental and emotional trauma that still continue to haunt me daily, I manage to go on functioning anyway. I'm kind of scared of what will happen to me at the end of the legal battle whether I win, lose, or draw. I haven't let myself cry over this, because I fear that I would collapse under the mountain and never be able to get back up. The analogy that I feel is: it's as if I am holding a vehicle up off of a child to
keep him/her from being crushed, but when someone removes the child to safety, I simply die from sheer exhaustion and wonder how I was able to do it. Life does go on and I try to find new coping methods. I have been out of prison for almost two years, and I am beginning to move out of the isolation I put myself in. The best coping method yet is getting involved with helping others who have also been victimized by the system. I thank the support groups I have joined for their care, understanding, belief in me, and support. I especially thank and appreciate Lee Gaylord of The Castle of Hope for Lost Souls who inspired my web site. He had read my story and e-mailed me to ask if he could link to my site. I wrote him back that I didn't have one. A short while later he sent me the html format and the link to MY STORY on his site. I was amazed! His site is awesome, and I have spent a lot of time there. I seem to find on that site just what I need to read at that moment. I want the fear and anxiety that is hard to explain to go away, healing from the damages, and to be able to live again. Beverly Brabham
Beverly Brabham The good old boys are mad. The following is a exchange of e-mail between Beverly and myself. I feel that it shows the mentallity of the Good Old Boys. Hi Lee, I also got an invitation from the STS volunteer group. I was 'up' all day about things and getting a lot done. My mother called me about an hour ago and said that John W. Waters, my lying accuser, his sister called her. My mother said that it was obvious that she'd been drinking. She must be around 70 years old. Here's why I'm writing you. I am numb with fear to the point my head is tingling. She told my mother that "they" had seen something that I had written on the internet.(didn't say where). Here are some threats she made to my mother: Where is Beverly? Mother: I don't exactly know right now. What is she doing? Mother: why do you ask? Well, they ARE going to find her? Mother: what for? Because they are going to put her back in prison. Mother: for what? Isn't she on probation? (I'm not) Mother: no, that lie is all over now. Well they are going to find her and charge her with defamation of character. "She's going back to prison. She even told my mother that John waters was not the one who even brought the charges against me, that it was the municipal judge and my parent's preacher!! They lured that preacher away from the church into corruption, because he was about the only fundamental preacher in town at the time. It is getting more bizarre by the day. the devil is the father of lies and the author of confusion, and they are a ball of confusion. Then it just went on and on from there. The devil in hell is getting burned up by the truth, by me exposing his filth. I guess I want to ask you, don't we have any rights any more? Do I have to live in fear of my life forever?! THIS IS MY STORY AND WHAT HAPPENED TO ME!!! I can tell anything I want to tell. I'm just so devastated right now, till I can't even answer Traci till in the morning. From total strangers around the world, I have received nothing but
caring, understanding, and amazement that a court of law could and would do such to a person. I have received notes that I was being included in prayers, and have just felt supported all the way around. Then that bunch of low-life Federal criminals won't leave me or my family alone. My mother's belief in God keeps her going, but she is truly afraid for my life right now. The only address I ever give on the internet is my PO Box. But I am afraid they can get my address off of the header in my email from the ISP or something. Mama wants us to get an appointment with the governor. We have a person blocking us in the Atty. General's office. With 20 major Constitutional right violations, that snake (the one blocking us) said he didn't see where there was any wrong done. I am now in Federal ct. of Appeals in Atlanta (11th) Circuit. Maybe there I'll get more than deaf ears. Thank you for listening. I just don't know what to do. I really need an idenity change and asylum from them. But they hire killers and everything, it's been proven. Out of all the ones that my family and I know (knew) personally, all of them put together didn't expose them like I have. The truth is burning a hole right through their gall bladder, I guess. I could NOT TOUCH the defamation of character they've put on me, my life has been totally destroyed by that bunch of thugs. But if they can get their hands on me, they can, under the color of 'law' do it to me again. I'll truly die first, and I can't get heard. Please let me know if you think they can harm me for telling about MY LIFE. Thanks, Beverly 1/15/03
More from Beverly Brabham A Victim of the Good Old Boys
In pursuit of justice, still!!
I am airing this everywhere I can today. After doing a motion, I always just want to scream this out! Their filth can occur and destroy in one day, then I have to go through all the years of trying to get a higher court to clean up their mess. It is just bizarre, the things these courts can do to people so quickly, and then we have to go through years, struggling for the JUSTICE we should have received from the start. In my case, corruption and actions "under the color of State" law to bring harm is the reason I am in this quest for Justice. I just completed a motion for re-hearing, and I'm mailing it to U.S. Court of Appeals 11th Circuit today. It is very disturbing that all in just ONE day, D.A. Boyd Whigham, after conspiring with my accuser, John Will Waters, Sr. was able to brutally coerce me into a "guilty, I guess" plea by using the threat of the death penalty, wrongly convict me, sentence me to prison, lock me up, and deny me an appeal. I was denied an appeal because their appointed
crony, Johnny Hagood, said "it would look like I gave ineffective assistance of counsel". Maybe he will be able to remove the lace from his underwear and 'be his own man one day'. So that conspiracy by D. A. Boyd Whigham, Judge Bill Robertson, and my accuser, concocted in 1996 and carried out in ONE day, has led me in to the 4th year of battling it out in our United States Federal Court. Just think of the seriousness of the crime committed by those politicians who use their 'positions' to take out personal vendettas on people the differ with. I don't like things about them, but I don't hold a title that allows me to thrown them in prison for disliking them. I am proceeding in forma pauper's (costs waived) and representing myself (Pro Se Litigant). In dollars and cents, think of the thousands this has cost somebody over a frivolous concocted lie!! Look Mr. Government!! I have been out of the joint for almost 2 years, but I am pursuing justice harder than ever! That should mean that there is SOMETHING to this horrifying corruption, or I'd just be relieved the mess was over. Through the motion that I had to file in U.S. Court of Appeals 11th Circuit. I will pursue it until the top court or person in this country has HEARD ME! It will never be over until I meet the ends of justice. Beverly Brabham 3/1/03
Bill Pryor: possible appointee to U.S. Court of Appeals 11th Circuit I am very thankful that Bill Pryor has not been sent to the Federal Circuit Court of Appeals 11th Circuit! Imagine him, at the state level, seeing no major Constitutional wrongs in the list below. This was through Richard Allen, Deputy Attorney General. I called back in an attempt to hear that Bill Pryor himself felt this was, but I was unable to get through to him, of course. However I WAS told by the lady who answered the phone that whatever Richard Allen comes up with in looking into complaints, that Bill Pryor stands behind. So I am justified then in printing the following cold hard FACTS: Here is what ALABAMA'S ATTORNEY GENERAL BILL PRYOR STANDS BEHIND AS SAYING THAT NO WRONG WAS DONE IN THIS COURT OF LAW: (These major Constitutional Right Violations are before the United States 11th Circuit Court of Appeals where President Bush is considering appointing Bill Pryor. Bill Pryor endorses his office's findings that there were no wrongs committed by the court's actions stated below:) 1. I was never allowed to face my accuser. Was even told by their appointed attorney that "this was not one of those case where he needed to be there". 2. Ineffective assistance of counsel: guilty plea urged by this crony, never said a word on my behalf, refused to file an appeal, participated in attempting to frame me for "drugs in my system" (I don't use drugs). I demanded a blood test, then the tester said she must have 'used an outdated kit'. She retested the same urine, so she allowed that one to be negative. The judge was furious at their appointed crony when he told him it was negative. The crony whispered to the judge and shrugged his shoulders. 3. Severe coercion of a guilty plea, using the threat of the death penalty. (It is unconstitutional to threaten to murder someone to obtain a guilty plea.) 4. Judge Bill Robertson sat in on the heinous coercion in the back room. Bizarre! Judges are supposed to be unbiased and certainly not involved in a coercion. 5. Due process rights violated, both procedural and substantive. June 1996, I was charged, coerced by threat of the death penalty, convicted, sentenced, jailed, and denied an appeal. ALL IN ONE DAY! 6. Prosecutorial misconduct. D.A. Boyd Whigham personally lied about and degraded me because he had absolutely no evidence to back the bogus charge. 7. Conspiracy to use position in authority to bring irreversible harm due to personal
dislikes. Conspiracy to maliciously prosecute because I was willing to expose those politicians' illegal drug business. 8. May 1997 - the nightmare of the bogus conspired lie ended, expired, over, terminated. 9. March 1999 Jeopardy attached. 10. DOUBLE JEOPARDY - April 1999 Re sentenced on the old case, two years after it had expired. 11. Attacked by x-husband the night before this illegal sentencing. Broken leg, head gash with stitches, multiple injuries - rendered bedridden. The Judge and DA were aware of this, as x-husband was in jail. He threatened to "kill me" in front of 2 witnesses. 12. April 1, 1999 - Sentenced without being present or represented by counsel. (this second sentence for the bogus lie is pending a motion for re-hearing in Federal U.S. Court of Appeals 11th Circuit in Atlanta, Georgia) 13. April 28, 1999 p Three policemen busted in house, kicked open bedroom door, all three pointing rifles at me, a rifle was placed on my arm (which I made sure NOT to touch it), and I was taken to jail. I was not allowed my crutches and forced to walk on my broken leg with a full-leg cast on. Cruel and unusual punishment. 14. I was in the same one-room cell with a male for several days before being disked away to the joint. One can only imagine those horrible conditions, the commode, shower, and beds right in the same one-room cell. Horrifying to say the least. I refused to eat their food because others who had recently crossed their paths, had been found dead mysteriously, ruled suicide of course, did not live to tell of their terrorism from that crowd. I continously told my family that I am not suicidal, that if anything happened to me, try to have it investigated. I screamed that through the walls, the double glass, just to let it be known that I knew of their tactics. 15. Aug. 1999 - Judge Gaither who ended the bogus lie, testified under oath before Judge Smithart that the sentence had a\expired and that he had revoked a non-existent probation. (One can get more solid documentation than that.) Smithart refused to correct his harmful blatant error. That's just it, there was no error, just plain vindictiveness, ill will, and malice. 16. January 24, 2001 - called back to court (2 months before the illegal incarceration ended) to be offered a sentence to 3 years probation. D.A. Boyd Whigham requested 5 years. I had the Constitutional Right to refuse the probation, to end the illegal incarceration for the lie, and be through with that criminal crowd for good. I returned to the joint to do just that. 16. April 10, 2001 - released from the joint, having had two years of my life robbed and stripped from me.
17.April 18, 2001 - sentented for the third time on the same bogus case to a sentence of one year probation. (this third sentence is pending an evidentiary hearing in Federal U.S. District Court.) 18. I was not present nor was I represented at this third sentencing for the same case either. 19. Between June 1996 and May 1997, I paid the approximate $800 fine imposed on me. My brother was with me and a friend war nearby (who had loaned me the rest of the amount owed to be through with that.) 20. I received a letter from D.A. Whigham WHILE AT THE JOINT, that if I didn't get the $800 paid with in 10 days that I would be arrested and put in jail. Now that's probably a first! It at least puts a new meaning to the word, JOKE. 21. I have written the Judge and D.A. concerning this matter. They refuse to resolve it, but have told my mother that they have issued a warrant for my arrest for it. 22. I received an indirect threat from my accusers sister who called my mother, trying to locate me. She gave her no information. The sister said, "they will find her, and they will put her back in prison". It is a real threat because they have proven well to me just what they are capable of doing. 23. A human being in these United States of America should not have to live in fear of their very life. How ironic, I am in hiding, fearing for my life, from those who are elected to protect us. 24. D.A.Boyd Whigham dismissed my x-husbands attempted murder. This was done in front of Attorney Paul Brunson of Eufaula, Alabama. Mr. Brunson was appalled that he took this upon himself to dismiss a bloody massacre, and then create a bogus case action summary stating that it was dismissed by the Grand Jury. I was not given equal protection of the law. Discrimination due to personal dislikes. 25. Judge Smithart alter the transcript of the January 24, 2001 hearing, omitting those part in my favor. The court report told me this on the telephone that the judge had told her what to omit. However at the end of the transcript, she signed where it was a complete and accurate account of the hearing in its entirety. So people, somebody, anybody, this Alabama State Court has failed me miserably, trampled just about every constitutional right of mine that were guaranteed to us all by the 14th Amendment, and I am in my 4th year of begging and pleading Federal Court to hear me. Maybe, just maybe I will be granted a re-hearing. Either way, I will pursue this to the very end to meet the ends of justice. If more people would stand up against corruption with us, things might eventually
CHANGE! Beverly Brabham
ADAMSVILLE, ALABAMA by: Beverly Brabham (Took this to the court on Jan. 6, 2003 and had it stamp-dated and filed. I am setting up a paper trail.) Birmingham, Alabama Judge Roy Landrum Adamsville Municipal Court Adamsville, Alabama 35005
EMERGENCY HABEAS CORPUS RELIEF I, Beverly Anne Brabham, come now before this Honorable Court in the State of Alabama to present this emergency habeas corpus relief. The reasons below will confirm that immediate relief is due: Grounds for Relief The judge in Adamsville, Alabama has refused to appoint counsel for my defense. My ability/ inability to pay for an attorney has not been considered. My Miranda Rights were not read to me. On April 16, 2002, I was arrested out of my home for a DUI. An officer was called by a neighbor, because they heard an argument between my boyfriend and me. Officer Bentley arrived and asked me if we were arguing. I said no, and walked in the house. I had just sat down in the car to remove a tape that was playing and tune in the radio for my boyfriend who was in the yard. The keys were in the house, because the acc. switch stays on when the key is removed. The knob to lock the ignition is broken. The car was inoperable at the time due to a bad hub bearing, left front. I was in the bathroom, undressed and getting ready to take a shower when another officer, Henderson, arrived while I was inside my home, entered the house uninvited, knocked on the bathroom door, and wanted the keys to the car. I told him I would have to get dressed, that I would be out shortly. He said, hurry up, or I'll come in there on you. I got dressed, got the keys from the kitchen drawer where they are kept, and took them to him. He and officer Bentley saw a sandwich bag under the cassette tape I had removed. Bentley commented, "I think I can smell it". The baggie contained change (coins) that I keep on the console. I felt that this discovery, not revealing "drugs", angered Officer
Henderson. I mentioned that there are some 'rights' that people have when they are in their own home, yard, and private property. Henderson immediately grabbed me and said that I was under arrest, (because he was angry). HENDERSON MADE AN ARREST FOR DUI, AND I WAS IN MY HOME BEHIND A LOCKED BATHROOM DOOR WHEN HE ARRIVED. I was NOT READ MY MIRANDA RIGHTS. My friend even asked what I was being arrested for and was estounded to hear the Officer say, DUI. I had been in the house for aprroximately 20-30 minutes when he arrived! I was not near the car. The keys were in the house the entire day. The car had not been driven due to the bad hub bearing, and we frequently use the car stereo and tape player while in the yard. My only conversation with Officer Bentley was, "no, we are not arguing". However, the report was done by him. He gave me a breathilizer 2 hours after Henderson's arrest. I saw it register very low. He threw the test away and said, "You refused it." I said, no I did not. He then printed out a 'refusal' sheet of paper. I requested a blood and/or urine test, because even though this arrest was frivolous, I could not have possibly registered anywhere near intoxicated. I had had very little alcohol at the time. He refused both, even with my plea that I wanted it for my defense. (Apparently the low results didn't suit him, and this has been known to be done by other officers in this area. I know of two personal accounts of it). The house and yard are not visible from the public road, and I was inside the (supposedly) privacy of my own home when arrested for DUI. The driveway is one-way in, one-way out. The yard is approximately 300 yards from the road, and is in the woods. As stated earlier, we frequently use the car stereo when in the yard, listening to music. Case Action to Date May 20, 2002 I went to Court. The clerk stated that I was not on the Docket because they were attempting to make this a felony offense. A felony offense for an arrest by an Officer, who arrived and arrested me out of a locked bathroom in my home!!! Anyway, the case is being handled as a misdemeanor. November 19, 2002 I went back to court. I was being charged with a third DUI. The priors were from 10 years ago and are not certified. I pled "NOT GUILTY", of course, and was told by the Judge and the D. A. to get a lawyer. I attempted to inform both that I was unable to afford an attorney, but was cut off by both and not allowed to say anything. The Judge said, I don't care to hear anything you have to say. December 17, 2002 I returned to court. I informed the judge that I did not have a lawyer and could not afford
one at the time. I asked him if he would appoint one. He refused. He told me that he would give me until January 7, 2003 to get a job and hire a lawyer. This seemed unreasonable because the week after was Christmas, then New Years, then the very next week, court. Impossible! Even if I got a job, I would be unable to afford an attorney at the rates I was quoted by the ones that I called. January 7, 2003 I filed a copy of this Habeas Corpus, prior to this court date, and I am now adding to it. I went before the judge and, he immediately asked what this was about. I stated that I am requesting the appointment of an Attorney. The Federal Court and Alabama Attorney General's addresses were already on the request for relief. HABEAS CORPUS I, Beverly Brabham, am writing for this immediate action for relief and release because it is illegal confinement. I will literally be IN JAIL, without representation, because I am indigent, and the judge has refused to appoint an attorney. 1. My Miranda rights were not read to me. 2. I had been inside the house a long while before the arresting officer arrived, and he had no basis for the arrest. I was refused a blood and/or urine test, after the Officer said I refused the test, which I DID NOT REFUSE! The fact is that I passed it, and he did not like the results. 3. My indigency and ability to hire an attorney has been ignored. 4. My constitutional due process rights are and have been violated. 5. The case and its merits have not been heard, NOR have I faced my accuser. 6. An arrest is NOT a conviction. 7. Constitutional Fundamental unfairness and Due Process violations. CONCLUSION Based on the foregoing, I, Beverly Brabham, am due immediate Habeas Corpus relief. I have been denied due process of the law, and I am attempting to prevent being illegally incarcerated for being indigent, and without representation by Counsel. I pray that immediate action will be taken on this matter, as liberty was too dearly bought by our forefathers for a United States citizen's Constitutional Right to due process to be so violated. Injustice should never be tolerated in any situation. Respectfully submitted, Beverly Brabham
Pro Se (due to inability to afford an attorney)
-------------------------------------------------------------------------------(Hi Lee, written to Federal Court after again being denied the appointment of counsel)
U.S. District Court (Northern Division) Room 140, U.S. Courthouse 1729 5th Avenue North Birmingham, Alabama 35203-2040
Birmingham, Alabama
Thursday, January 09, 2003 RE: 2:03-cv-00064 Beverly Brabham The enclosed request for relief was filed in the Municipal Court of Adamsville, Alabama on January 7, 2003. I appeared in Court that day to request that I be appointed an attorney for my defense. The judge was very rude to me and made the following comments concerning the enclosed request for relief, comments to the entire courtroom, and to me. He said, "Who wrote this up?" I said, "I did". He said, "Huh, you sho' didn't know what you were doing, did you, coming in here with this ignorance. Don't you ever bring anything like this in here, acting dumb and putting a Federal Court's address and an Attorney General's address on here. You are in this court and this court only. What is all of this about?" The Clerk, Jan, sitting next to him, told him that it was a request for the appointment of Counsel. He said, "Good God, in all my 28 years up here on this bench, I have never seen such foolishness in my life, you trying to be cute or something?" I was, of course, not given a chance to answer any of these facetious questions. He told me to be back in two weeks. He told me, like he did everyone else before him, to hire an attorney, or that we'd be tried without one. When I questioned him about my right to have one appointed because I could not afford one, he said, that's not up to you, YOU don't make the laws, 'we' of the judicial system amke the laws. Now you hire an attorney or I will try
you without one. At one point, just before sentencing a man to 60 days in jail, he told him that getting an attorney is like buying a new car; you get a job and make the payments on a new car. (The man had requested that an attorney be appointed for his defense, but was refused and sentenced to jail right then.) The two really seem unrelated, buying a car and hiring an attorney. I need both and can't afford either. The difference in the law is that the law says that "if you cannot afford an attorney that one would be appointed for you". There is no law that says "a car will be provided for you if you cannot afford one". That was an inappropriate analogy from the judge. As I walked away, he blurted out further innuendos and degrading comments: "Look a here, I can't believe this mess, I've never seen anything like it. what is it, what? Is she afraid to work for money to hire an attorney? It was most humiliating, embarrassing, and degrading to have all eyes on me and to hear the snickering just to humor the Judge. The enclosed is what the case is about, but my request from this Honorable Court is that I may receive the relief so due. Respectfully submitted, Beverly Anne Brabham