Tuesday, June 1, 2010

If Prosecutors Wish To Try Eric Echols, they Will Have to Suborn Perjury

[Update, Tuesday June 1, 8:05 AM]: The incomparable Dalton Roberts has weighed in on the aftermath of the Tonya Craft trial and, not surprisingly, has the best line that anyone has given on the behavior of the prosecutors:
To return them (Arnt and Gregor) to the holy arms of sanity, let them go back and read the day-to-day blogs of their own neighbors in north Georgia that they "serve," using the word loosely in regard to this case. As a former elected official, I will flatly state that if a comparable number of people blogged their disgust with me for weeks and weeks, and were horrified at my actions, I would move to Montana and graze with the buffalo.
[End Update]

Here we are on June 1, with the Tonya Craft acquittal three weeks behind us, yet Buzz Franklin's office continues to insist that it is going to try private investigator Eric Echols on three felony counts of "interfering with a witness." As I noted a while back, the prosecutors have to be "stuck on stupid" to continue this charade.

There are two questions one must answer regarding this continued prosecutorial action. The first is this: Why in the world is Buzz Franklin continuing to insist that this trial take place? Second, we ask: What would be the prosecution strategy in order to try to convince a jury to vote a conviction?

I'm not sure about the answer to the first question, as rational people would think that a prosecutor should be going after real criminals, and there are a few of those running about the Lookout Mountain Judicial Circuit. (Unfortunately, as I shall point out, some of those criminals are in the prosecutor's office, but it is doubtful that these dangerous and desperate outlaws will find themselves in the dock.)

My sense is that prosecutors Len Gregor and Chris Arnt, after suffering a major league smackdown against Tonya Craft, are wanting to "prove" to people that they had a legitimate case after all and that trying and convicting Mr. Echols would enable for them to salvage some wounded pride. To drop the charges now, in their minds, would be tantamount to admitting they were wrong, and if there is one thing that anyone in Franklin's office is incapable of doing, it is admission of wrongdoing.

I also believe that Franklin believes that his minions can appeal to the racial prejudices of what most likely would be an all-white jury, although Gregor's false assertion during the trial that TONYA CRAFT WAS SLEEPING WITH A BLACK MAN (Mr. Echols) did not exactly resonate with jurors. Nonetheless, Franklin and company seem to believe that two times is the charm.

Whatever the reason for pursuing this abusive and wrongful prosecution, the LMJC prosecution team must depend upon a strategy, and the facts of the case offer slim pickings. Nonetheless, it might be interesting to see what rabbit Gregor and his friends might try to pull out of their hats.

With Tonya Craft, prosecutors were able to get "judge" Brian House to leave out reams of exculpatory evidence in order to protect their witnesses, who were committing perjury left and right. One person giving perjured testimony was Jerry McDonald, who told jurors that he had not spoken to Mr. Echols prior to the trial.

Why was this perjury? Indeed, Mr. Echols had spoken to McDonald the previous year and, in fact, had recorded the two-hour session. To make matters worse, prosecutors Arnt and Gregor had a recording of that conversation in their files. In other words, they knew about the conversation and also knew its contents, yet I would guarantee readers that McDonald's testimony was given at the prosecution's directive.

In other words, I am saying that prosecutors knowingly suborned untrue testimony, which is illegal. Lest readers doubt what I am saying, read Rule 3.3 of the Georgia State Bar, entitled "Candor Toward the Tribunal":
(a) A lawyer shall not knowingly:

(1) make a false statement of material fact or law to a tribunal;

(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client;

(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures.

(b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(c) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false.

(d) In an ex parte proceeding, other than grand jury proceedings, a lawyer shall inform the tribunal of all material facts known to the lawyer that the lawyer reasonably believes are necessary to enable the tribunal to make an informed decision, whether or not the facts are adverse.

The maximum penalty for a violation of this Rule is disbarment.
When Arnt and Gregor "allegedly" (though I doubt McDonald came up with his testimony on his own) told McDonald to claim he had not spoken to Mr. Echols, they allegedly violated Rule 3.3. Furthermore, if they wish to put Mr. Echols on trial, they have painted themselves into such a corner that the only way they can conduct a prosecution is for them to violate Rule 3.3 continuously.

In his defense, Mr. Echols would have the conversation with McDonald played in its entirety, and it would be clear to jurors that Mr. Echols made no threats against McDonald. This would leave prosecutors with one of three options.

The first would be to hope that the judge (especially if House presides) would keep the taped conversations out of evidence altogether. After all, that is what they did in the Tonya Craft trial, and House was all-too-happy to oblige the guys running the show. Now, LMJC judges are capable of just about anything, so while everyone knows that the conversations exist, a judge might just decide to pretend they don't, although I cannot imagine a legal precedent that would fit.

If prosecutors were successful there, they would be doing so only at violating Rule 3.3, as they would knowingly be pushing untrue testimony, and one can bet that some of us will be quite happy to notify the Georgia State Bar of the circumstances. Furthermore, that would be tantamount to suborning perjury in order to pursue a false case against an African-American, which no doubt would interest certain people in the U.S. Department of Justice and maybe the national media. (This time, there would be no little children making accusations, just prosecutors making bald-faced lies, and this time the people giving untrue assertions would not be seen as "sympathetic" to the press.)

Thus, if they could keep out the recordings, then McDonald could claim again on the stand that he had not spoken with Mr. Echols. Of course, if that were to happen, then the prosecutors just might be hard-pressed to claim why they were telling McDonald to lie when by the time the trial began, media people likely would have the recordings, and would be inclined to make the contents available to the public. With prosecutors openly suborning perjury to bring charges against an African-American, they would be receiving a lot of attention that would be less-than-pleasant.

My sense is that Mr. Echols will be permitted to enter the recordings into evidence, so now prosecutors would have another problem. During the Tonya Craft trial, McDonald testified that he had not spoken to Mr. Echols. In the trial of Mr. Echols, however, McDonald would then have to testify that he had spoken to the investigator, which would be an admission that he lied on the stand the first time.

What to do? Perhaps the prosecutors could get the original testimony kept out of the evidence file, pretending that McDonald never appeared on the witness stand against Tonya Craft. However, if the judge were to grant prosecutors such a request, the media would have access to the video recording of that testimony, and once again people around the country would see a judge and prosecutors teaming up to bring false evidence in order to try to convict an African-American, not a good scene.

Thus, the last option would be for prosecutors to get McDonald to claim that, yes, he had spoken to Mr. Echols and, yes, he had not been candid about the conversation during his original testimony. Most likely he would say that he lied on his own, without any help from prosecutors, and that it was just an error in judgment.

However, then prosecutors would have him add that Mr. Echols threatened him during an unrecorded conversation. Even though Mr. Echols is very, very cautious in his work and even though the man records everything and takes meticulous notes, nonetheless the prosecution would want jurors to believe that in a moment of arrogant carelessness, he made threats to McDonald, McDonald's wife, and his daughter.

The real question, then, is whether or not prosecutors could convince McDonald to lie twice. If they were to do that, then I believe they also would be violating Rule 3.4, entitled "Fairness to Opposing Party and Counsel." This rule states:
A lawyer shall not:

(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act;

(b) (1) falsify evidence;

(2) counsel or assist a witness to testify falsely;

The maximum penalty for a violation of this Rule is disbarment.
What am I saying? I am saying that if Buzz Franklin's office continues to push this case against Mr. Echols, they can expect some of us to bring charges to the Georgia State Bar that prosecutors are violating Rules 3.3 and 3.4, and we will be able to bring the documented evidence with us.

In some ways, the Eric Echols case is much more dangerous to Franklin and his minions than was the case against Tonya Craft, and I believe that Arnt and Gregor should be disbarred over their conduct in that one. However, with Mr. Echols being African-American and being tried in what essentially is an all-white Georgia county, the prosecution will face scrutiny that will make what they faced during the Craft trial seem to have been a picnic. That is not a threat on my part; I am just stating the facts as I see them.

Note that I have not dealt with the "Mommie, Dearest" incident with Sandra Lamb physically attacking Mr. Echols and calling him a "black bastard," with the whole sorry thing recorded on camera. The failure of LMJC prosecutors to deal with this lawbreaking provides one more reason why someone in authority needs to investigate Buzz Franklin, Chris Arnt, Len Gregor, and the rest of the prosecutors in that office.

67 comments:

Anonymous said...

Great post, as usual. When oh when will the FBI/Justice Dept step in and do something about what is going on here? Both the Craft case and the Echols case makes me sorry to be from Georgia.

Lame said...

I keep getting the impression that Franklin and several others in this case are just like the character Eric Endicott from In the Heat of the Night. He's the wealthy plantation owner who sat up on his high horse and dictated this and that, looking down his nose on all those 'inferior n-words' and 'white trash.' They appear to hold not just African Americans in contempt but have an even lower opinion of the average Joe, blue-collar white man. They think that we all are just a bunch of back-water, low-life, un-educated, easily-duped bumpkins who can be riled up into a lynch mob over the suggestion that a black man and a white woman could have relations. What a slam on us White Southerners who have come so so far in changing our prior-held beliefs regarding race, most of us never really buying it, but having gone along with it because it was considered normal to think badly of Blacks. What a slam on us White Southerners who worked alongside African Americans, who have black neighbors, who grew up with black friends in school, who served in combat and saw that our blood is the same color as theirs. What a slam on us White Southerners who saw injustice and worked alongside our black friends and neighbors to right wrongs. What a slam on us white Southerners who sit in the church pew every Saturday or Sunday next to a fellow Child of God who happens to have a skin tone darker than our own. What a slam on the South, as a geographical and as a philosophical concept, which has come farther than any other part of this country in so short a time, with regards to equality.

We need to show them that, while there are still a couple of nutters hold up in lodges in the foothills of North Carolina, we Southerners are not a bunch of banjo-playing, toothless half-wits who want to make all blacks back into slaves and make everyone else "squeel like a pig." We need to put them where they deserve, out of stand and local office and into federal penetentary.

KC Sprayberry said...

Great commentary on the routes the HAG+F team can take during Mr. Echols' trial, Bill. The points your brought out so eloquently remind me of Atticus speaking to Jem after Tom Robinson's trial in To Kill A Mockingbird. Atticus knew the cards were stacked against him but fought hard for his client, entering what little evidence he could in a trial whose end was decided long before anyone took the stand. But his point, that normally that kind of verdict came back within in minutes and this time, it took many hours is what you're using here. Eric Echols, like Tom Robinson, faces certain hatred for doing a job. In Robinson's case, he's a ficitonal character in a book about the South. In Echols' case, he's fighting as hard as Tonya, for his freedom and livelehood. These cases (Tonya and Echols) bring out the inconsistencies still thrust upon those in small counties in the south. No, we're not ill educated but some of us came upon our education the hard way. The school of hard knocks, a school the HAG+F team skipped, can be a much harsher teacher than a comfortable classroom. Those around me without that formal education have much more common sense than those lording their supposedly superior knowledge over us. And common sense will win out in Mr. Echols' case, just as it did in Tonya's.

Kaye said...

It seems that Arnt and Gregor have really painted themselves in a corner It will be interesting to see how this all plays out. I still don't believe that this will go to trial, but if it does, it would only make the case for disbarment for these two all that much easier. It would be comforting to know that this is keeping them awake at night, tossing and turning, trying to figure out what to do, but, in reality, I doubt they have given it a second thought and are blissfully unaware of the trainwreck headed their way. If they thought they had "compelling" evidence against Tonya Craft, I can't wait to hear what they say they have against Eric Echols.

Anonymous said...

I know dropping the case might be the smart thing for HAG to do politically.
But I see a scenario where it would be great for the public if this DID go to trial.
No matter WHERE the trial is held, or how the trial is conducted, WE the public will BE THERE to support this man. Along with the media to help further expose the character of the prosecution.
Just the fact that Tonya would be there would put a great amount of pressure on the HAG tag team.
But the best part will be the facts that come out to further PROVE that Tonya was totally innocent, exposing facts that was intentionally hidden in her trial.
Echol's comments lead me to believe he is also looking forward to the trial, based on the ones who have indicated that they will be behind him all the way.
The real messy part for the prosecution would happen AFTER he was found guilty, IF they managed to run the trial in a manner to dupe the jury, which is totally possible.
The HAG team is REALLY in a lose lose situation.
For this trial there will be LOTS more eyes & ears from important folks overlooking the proceedings...

Kaye said...

Just an afterthought:

There have been several people that have posted here who knew Jerry McDonald and said they were concerned about his mental stability in the past. If he was shaky before, he has really got to be in bad shape right now. Not only does Arnt and Gregor stand a lose a lot, but so does he.

volfan69 said...

The online TFP has an article by Dalton Roberts:Craft case esposes prosecution. I think you all will enjoy reading it.

If Arnt and Gregor continue with this sham of a case agains Mr. Echols it certainly is ego driven!

Would Mr. McDonald have to testify? It appears that he is in a bad situation also if he does. Bobb

volfan69 said...

Sorry, that should be "against" Mr. Echols.

Trish White said...

Another great blog!!! Keep after them!!!!!

Anonymous said...

Lame...
We still play the banjo, but with a full set of teeth, fully witted, well at least fully witted enough for us to make the prosecution "squeeel like a pig"

lol

Throckmorton P. Gildersleeve said...

Here is the URL for Dalton Roberts' column in this morning's TFP mentioned by volfan69.

http://www.timesfreepress.com/news/2010/jun/01/0601-craft-case-exposes-prosecution/?opinioncolumns

His comments regarding Team HAG's whining and their injustice towards Tonya Craft are insightful and accurate. He plays guitar, not banjo, and is quite good at it.

Most of the big headed banjo players in this area practice law for the LMJC and their law skills and musical ability leave much to be desired.

KC Sprayberry said...

Too bad the HAG+(all players in these farces) will ignore Mr. Roberts' advice. Although, I don't believe those good folks in Montana will welcome these infamous men and women into their midst. Even buffalo have standards. To those trying to send a good man to prison for legally doing his job, that is legal as defined by standards anywhere but in LMJC, as I tell my teen far too often, admit you've done wrong and own your mistakes. Doing that will make you think next time you want to mess up. And Mr. Roberts is right. Election time isn't that far off. Our memories are very long. Don't think running unopposed will keep us from expressing our opinion. There's always a write in vote and Mickey Mouse is available for the job. We know he's fair.

Kerwyn said...

One very frightening aspect of this is the complete disregard these prosecutors seem to have for their own state bar.

One will have to assume at this point that Buzz et al has an in with the Georgia State Bar and thus have no need to be afraid of their own governing body.

So, does this blatant corruption extend to the Georgia State Bar? At this point, it seems so.

I wonder who they have there who is willing to cover Buzz, Arnt and Gregor's proverbial backside.

Perhaps it is time we took a hard look.

Trish White said...

Good article by Dalton Roberts! Kerwyn, hadn't thought about the State Bar being corrupt, but good point, especially since all these people still have jobs and their law licenses. I think the only thing that will help is if the FBI comes in and cleans house, that is if there are honest FBI agents.

Anonymous said...

What the hell is Buzz Franklin thinking!!! I know he reads this blog, does he not see that almost everyone thinks this is a bunch of crap. The majority of Catoosa Cty citizens do not think this should go to trial. It is just a way for Buzz to put another notch in his belt and show that he will do whatever he wants regardless of what the citizens want. IT IS A WASTE OF YOUR TIME AND OUR TAX PAYER MONEY BUZZ!!!!!! YOU ARE PATHETIC TO DO THIS!!! Man up and do the right thing for the people of this county. Drop the charges

Anonymous said...

I have NEVER witnessed such blind arrogance....lol... The other day my 18-year-old was trying to make an excuse for something he had done, and the more he talked, the deeper in trouble he was getting. When he realized where he was headed, he looked over to my 13-year-old for support, at which my younger son responded..."It's your hole, keep diggin." We are all like my 13-year-old. We see this situation from a spectators point of view, while these men are so engrossed in framing the story, they can't realize they are about to bury themselves.

Ooltewah mom

KDaw said...

Kerwyn,I think you may be right. Corruption could be state wide. I've asked this before; How can Judge Kristina Graham, who failed to pay her licensing fees for 5 years, be allowed to RUN for office? Who is responsible for checking credentials on those running for office?
It seems that someone has turned a blind eye. Just how deep is the corruption? It really is frightening.
There seems to be a new level of arrogance with-in the LMJC. Just from what I've observed with HAG during Craft trial, Those three are loose cannons. The behavior is clearly a liability to whoever is calling the shots.
In the movies the big boss would correct the "problem" by feeding them to the pigs,lest he be called out by the actions of the overeager. Because everyone knows the big boss keeps his own hands clean.
I have a mental image of the movies SNATCH and LOCK STOCK AND TWO SMOKING BARRELS. Lots of organized chaos, Everyone trying to curry favor with the boss. Like a bunch of children eager to please a father who doesn't have time for them.

battyteacher said...

what about the other ADAs in catoosa county? will they be held responsible for the actions of arnt, gregor, and buzz? will they be the prosecutors in the echols case if arnt and gregor choose not to do? is this up to buzz to appoint who gets the case?

Anonymous said...

if the The maximum penalty for a violation of this Rule is disbarment. Then why have they not already been disbared??

Anonymous said...

Montana is a beautiful state that doesn't need the trash from N. GA!

Another thought.... If they could only move that trial to Sandmountain, they might stand a chance of winning.... a lot of people up in that neck of the woods still do not allow person's of color to grace their "land"... Not sure how it is in Trenton.

William L. Anderson said...

To the 10:14,

Disbarment is a process that takes a long time. First, and State Bar has to agree to file charges against someone. Second, the person then responds, and after that, should the charges stick, there is a hearing.

The hearing is done in the form of an administrative trial in which the burden of proof is on the defendant, not the prosecution. After the hearing is over, the Bar then declares its findings and its punishment, should there be a "guilty" verdict.

This takes time. That is why I am trying to put together evidence and see how that evidence matches with the various rules of the State Bar. Also, remember that the Bar, like other state organizations, tends to be weighed in favor of state employees, especially prosecutors and judges. It is very, very rare that these people ever are removed or disbarred, which to me absolutely invites abuse on behalf of these people.

Anonymous said...

I agree with anon10:14. The Law is the Law, Get those Crooks out of there. They need to spend a while in Jail, and they would not want to be so ready to say Guilty. They are wrose than the ones they are locking up..

Anonymous said...

Kick their asses to the moon, Bill!!!!!! I am so sick & tired and positively disgusted by these pigs. They don't deserve to live in Georgia, or Montana for that matter. The United States is too good for these Communist bastards! Deport them to Antarctica.

KC Sprayberry said...

Anon 10:35. Not Antarctica. It's positively beautiful. Besides, none of the scientists studying down there needs a lawyer. That help is provided by their host countries. Oh yeah. While these fools could visit Antarctica, staying might prove difficult. You can't remain unless you're part of the teams assigned there according to a 30 country treaty. Info comes from experience at company I worked at that provides the support personnel for the scientists down there. Now called Raytheon, they have a big hiring thing every April for the next season. Too bad for our naughty boys. Every position is already filled with lots on the waiting list.

William L. Anderson said...

Hey, 10:35!

What do you have against penguins?!? Should we be inflicting Arnt and Gregor on those innocent creatures?

Pete said...

All Georgia citizens need to remember that Thurbert Baker has done NOTHING concerning Team FHAG during this entire fiasco but flaunt his run for governer. We need to remember that in November!!

Anonymous said...

I know where they should be sent.... Send them into the war zone to stand IN FRONT OF OUR TROOPS!

volfan69 said...

Do any of you remember Byron De La Beckwith? He was convicted of killing Medger Evers. (Ghosts of Mississippi is one of my favorite movies!) Anyway, team HAG+F remind me of Beckwith AND the crooked lawyers in the movie.

I've heard that water seeks its own level---those people are cesspool level.

At least there was an honest ADA in that case. Bobb

kbp said...

Bill wrote:
Here we are on June 1, with the Tonya Craft acquittal three weeks behind us, yet Buzz Franklin's office continues to insist that it is going to try private investigator Eric Echols on three felony counts of "interfering with a witness." As I noted a while back, the prosecutors have to be "stuck on stupid" to continue this charade.



Not to belittle Bill's post, but the focus is on ONLY one person in the summary posted - JERRY MCDONALD

Mr. Echols is charged for 3 counts, so unless all 3 counts relate to ONLY McDonald, the state does have other options available for their "strategy".

The problem with Jerry McDonald is not quite as damning in my eyes. The state could drop 1 of the 3 charges and not call McDonald to the stand maybe? McDonald would then just plead the fifth if the defense called him. No gain by either side IF the other 2 charges relate to other witnesses besides Jerry McDonald.

Of course another problem I then see here is the question of what evidence they have of any other counts; would the state's evidence ALL be a product of that interview Echols recorded with McDonald? (Also, I'm not familiar with Georgia law on recording, but I assume one party must know of it, which Echols' knowledge by recording himself would cover, as is the law in many states.)

The prosecution appears to be in one of those 'damned if we do, damned if we don't' situations!

Drop the charges and it will come across as though they did charge him to suppress Tonya from defending herself.

Go with a trial and they'll look like total azzholes and maybe still the public perception may be the same if they'd have dropped them.

I don't see a SURE cure for these problems, just a much bigger gamble with their freedoms if they do try to solve it by seeking a conviction.

The most common route in similar situations is for the prosecutors to play the ignorance card, act like they just now noticed something they'd should have known about before they arrested Echols. They showed that approach all through the investigation and trial for Tonya. They look so ignorant after Tonya's trial that I just can't see any further damage for them in playing that hand, none beyond what I'd mentioned in the previous couple paragraphs.

On another note here, I'm not disputing the prosecutors have the recordings, just that the Sheriff indicated they didn't. My reading of what they have is a TRANSCRIPT of those recordings, at the minimum. Since that should have been submitted in a court filing, most likely, it should be public information (just a guess on HOW a transcript was presented, Echols attorney should have made it part of a public record for ALL to see - subject to the magistrate not having SEALED these records).

In most all of the many cases I've followed, there is usually a local citizen that WANTS copies of the public court filings, WANTS to share them so ALL will see what is going on in a case, and gains input from others by getting opinions to accompany their own. Tonya's case has been limited to a few TFP shared, but I'm not sure if that is because the court clerk would share more, people are fearful of asking for copies there or what.

If someone local has the will to ask for the court filings in Echols case, it would be appreciated by all they'd share them with.

Back to what the prosecutors may do, if Bill has the time and knowledge, maybe he could let us know WHO the 3 charges stem from, if the prosecutors would have the option of dropping McDonald from their witness list.

TIA!! :)

Anonymous said...

This man spent 5 yrs in prison on a false molestation charge by his wife. Appealed, hung jury 11-1 for acquittal. 3rd trial acquitted. Was imprisoned still between 2nd and 3rd trial. The investigating officer was his wife's boyfriend. Quite a story. Lee's Summit, Mo. 2nd link is to court record. It has the most info. This case involved the investigator hiding exculp. evidence too. The wife had also threatened her first husband with charge of molestation too.
rs

Jury Awards Man $16 Million for Ex-Wife’s False Molestation Claim
May 28th, 2010 by Robert Franklin, Esq.
http://www.fathersandfamilies.org/?p=7651
http://www.ca8.uscourts.gov/opndir/10/05/091945P.pdf

Lame said...

That Dalton Roberts article was brilliant. I especially liked this part: "... if a comparable number of people blogged their disgust with me for weeks and weeks, and were horrified at my actions, I would move to Montana and graze with the buffalo."

What I like about that is the grazing aspect. Many of us know the story in the Book of Daniel where Nebuchadnezzar was told, under no uncertain circumstances, that if he did not give glory to God, he would go mad and graze with cattle. His pride was so great that he refused to give glory to God. Nebuchadnezzar then DID go crazy and for seven years wandered the country side eating grass and behaving like a wild beast. It was at the end of those seven years that he came to his senses and gave glory to God, and was again restored to his throne.

The lesson here is that these guys, the prosecution team, sherif, and judge, have done these bad things and continue to do so not because they are selfless public servants. Rather, they are selfish and full of pride. They have not worshiped God, that is they have not realized they were wrong and have continued to blame everyone other than themselves, because their pride will not let them.

Their pride has gotten in the way of their own salvation, it has gotten in the way of their public image, it has gotten in the way of their performance of their public duties. Their pride, like Nebuchanezzar, is what will cause their downfall. As it stands, the only thing that can redeem them is to put away pride and do what is right. At this point, I doubt the can. It might take sending them out to graze in order for them to be able to put away pride. I hope they can and will do what is right. I wish none of them ill. But, if that is what it takes for them to repent, then they should be removed from office and put out to pasture.

William L. Anderson said...

In answering kdp's question, the other two charges stem from Eric's alleged threats to McDonald's wife and daughter, both of whom testified. Here is the problem: the charges came from Mr. Echols' alleged conversation with Jerry McDonald, so any charges still have to stem from the contact with him.

In other words, if Jerry is gone, so are the other two charges, since Mr. Echols did not meet with either of the other two people.

The prosecution has painted itself into a corner here, and, no, there are no other people to come out of the woodwork and claim that Eric threatened them. Hope this helps clear up some questions.

Anonymous said...

Has anyone seen any of these bozos out in public? I was just wondering what kind of reception they have been getting by the general public?

volfan69 said...

Mr. Anderson, are there two trials coming up then? The one against Mr. Echols and another one he has against Ms. Lamb? I'm so confused!LOL Bobb

battyteacher said...

still would like to know if arnt and gregor will definitely be the prosecutors for the echols case or might it be handed over to the other adas in catoosa county? what do we know about them?

Anonymous said...

Anon. 2:22 Brian House was out and about at 1890's Days. Someone else said a lot of people seemed to walk the other way from him. Also, Sharon Anderson rode in the parade. Apparently they all think they have done no wrong!! I haven't personally seen any of the others, but I am sure they aren't hiding.

kbp said...

Thanks Bill,

That paints the picture just as you drew it, adding a few details for better clarity.

So all counts come from a single witness, Jerry McDonald.

Had I know that before, I'd have typed much less!


"... to be confronted with the witnesses against him..."

Does the Sixth Amendment to the United States Constitution apply in the LMJC?

William L. Anderson said...

To Volfan69,

So far, the prosecutors have done nothing with Eric's charges against Sandra Lamb.

kbp said...

Volfan69,

There is no trial for Saundra Lamb unless the Buzz Crew files charges against her. Echols is then the complaining witness there, if it were to happen.

Anonymous said...

The question might also be stated will Ralph let the 3 stooges hang themselves or will he attempt to pull them out of the fire yet again.

volfan69 said...

Mr. Anderson and kbp, thank you. I guess I shouldn't be shocked at the continued arrogance of team HAG+F, but I am. I honestly do believe that they are stepping in a giant pile of poop that they may never get off of their shoes...I hope so anyway!

I also hope that Angie is making progress in the case with her brother. Everytime I thing of Brad Wade my heart aches. Bobb

Anonymous said...

By there not being a charge already against Lamb, by Nichols, isn't that discriminatory?

KC Sprayberry said...

LOL Anon 3:18. That surely is discriminatory. Ms. Lamb holds favored person status with the LMJC. Not sure why but she does.

Now, Bill, penguins might be sweet looking, helpless creatures and are portrayed so in a bunch of cartoons but believe me, we do want to send Arnt, Gregor, and all associated with this mess down to confront a penguin herd. The minute they start in on all their bogus stuff they pulled in Tonya's trial, especially the man (lower case on purpose) about thongs, those seemingly innocent birds will attack in mass. That's not so pretty a sight. Way back in the early nineties, a photography crew made a mistake while taking photos of the herd they were observing. All anyone found of that crew were a couple of lens pieces and some clothing bits. Anyone willing to contribute to tickets from Miami to Punta Arenas, Chile for these folks?

Anonymous said...

I think these men are all so "in hate" with the bloggers, that they have lost sight of the evidence that disproves all of their old theories. At this point, they just want to be "right" because they can't stand to lose to people they have so grown to despise. They can't seem to put themselves into the shoes of the "outsiders" who have NO AFFILIATION TO ANY OF US. It is not going to be Tonya, or the annoying bloggers who are going to determine the future of these people. It is the outsiders who will only look at the evidence or lack thereof. They will also draw character connections as they study the individuals involved. We all make these types of connections when we meet people....For example, we say,..."I've met men like him before...I know his TYPE." So the "history" of this case will not be determined locally. It will be studied in law schools by legal minds void of emotion. The same is true for the "future" of these men. I think it would benefit all involved if they would turn to someone disconnected with the case and seek sound guidance and for once turn off their emotional time bombs.

Lame said...

I just can't wrap my head around why the people who are trying to ruin Mr Echols life would do this, would continue to do this, after so much evidence has shown that he did nothing wrong, after the prosecution was spanked on national television by a "one trick pony," aand the only thing that I can conclude is that they have so much pride in their hearts that all other things, least of which justice, matter. It is obvious that Mr McDonald was not a willing participant in the case against Ms Craft and in the case against Mr Echols. In the end, Mr McDonald is one of the people who loses the most here. He was taken advantage of by the conspirators here, and unlike Ms Craft, he cannot sue. Instead, he can and likely will go to jail. The poor guy is in a lose-lose situation, while everybody else, EVERYBODY, had at worst a win-lose situation.

Anonymous said...

http://www.newschannel9.com/news/craft-991741-attorney-complaints.html

Just saw this on the evening broadcast, however, the story online actually has the letters of complaint complete with names and addresses of the authors. The response from a Sr. Asst Attorney General to Eric Echols' letter of complaint left me seeing red, so be advised of that before you read it. This guy reeks of arrogance.

I don't know about the rest of you, but I'm getting more and more fed up by the day. I know that this has been discussed before, and from what I understand is somewhat time-consuming and complicated, but I am just wondering if a recall for all elected officials that have anything to do with this fiasco, wouldn't be a good idea. Buzz, House, and Summers immediately come to mind, and with the election of a new DA comes a campaign promise to fire those 2 idiots, Arnt and Gregor, the very first day he/she takes office.

I would love nothing more than to recall Franklin, and completely squash any political plans he may have in his future.

Kaye said...

oops. anon 6:27 was me, Kaye.

I would also be remiss if I didn't just give a shout out to Mr. Owens. Sir, your letter couldn't have explained the situation any better. Way to go, Mr. Owens!

KDaw said...

Anon: 6:27
Holy crap. No wonder you are seeing red. It really got my blood boiling. It seems that we need to work on another letter that is specific in each and every mistake made in the Craft fiasco ( I really can't make myself call it a trial without being sick). It seems so ridiculous. The level of arrogance, that is. And it does seem to go state wide. We may be doomed here in the LMJC.
Gonna drive me to drink. ;-p

kbp said...
This comment has been removed by the author.
kbp said...

Mr. David McLaughlin, the Sr. Asst Attorney General, is feeding him a line of pure BS.

A crime was alleged to have been committed by the LMJC and the DA's office, it is the duty of the AG's office to investigate it.

He did NOT ask for details that might help him to see how a crime was committed, he only pointed Echols to offices for ethical violations NOT complained about by Echols and then made excuses to Echols for the prosecutors.

Write this black, strike that, white bastard
and let him know what you think of his response to Echols, I am.

dmclaughlin@law.ga.gov

John said...

To the AGO: I see no evil, I hear no evil, so therfore, there must not have been any evil. Bad thing for you is, it was tape from beginning to end.

Now that you (AG) are running for the governors office, maybe you should ask yourself these ?

Who I'm I?
Who are we?


If I was running for the highest office in Georgia. I would want to be on the side of TRUTH. I would want the person(s) that would vote for me to believe that I wasn't the same ole same ole. Trust me when I say AG, folks are waking up and they don't like what they see.

Be advised WE ARE WATCHING, best get HONOR in your life, if your wanting my vote.

Cyril said...

I think I'm getting even more indignant after the trial than during, if that is possible.

Kaye said...

It also did not escape me that John Madewell described these letters as coming from "Craft supporters," despite the fact that Mr. Owens claims to know none of the litigants personally and actually claimed not to know whether Tonya was guilty or not. The other letter was from a gentleman in Washington state that specifically states he normally enthusiastically supports the prosectution in their efforts.
I guess in Mr. Madewell's rush to portray these letters from strictly "Craft supporters," he missed those simple facts.

Madewell spins this story as well as Kevin Sims spun the interview with Butch, the juror, when he deliberately tried to mislead his viewing audience into believing that Butch had doubts about his not guilty decision. Then, suprise, surprise, when a completely different news entity has an interview with Butch, we find out that wasn't the case at all.

Keep on spinning there Newschannel Slime, it's not like you have a reputation to risk or anything.

Anonymous said...

HEY BUZZZZZIE
I thought in your press release, you stated you dont play to the media. Hmmm... How did news channel slime get those letters? Hmmm.. Dont thank they came from the AG's office. ????

Kaye said...

anon 7:36

Plus one of the letters was actually to Gov. Perdue and not the State Attorney General. I surmise that Buzz is attempting to intimidate others from sending in complaints. Besides, I happen to know they received more than 2 letters from citizens... because I've sent several of the form letters myself. It appears that intimidation tactics aren't exclusively reserved for defendants, private investigators, members of the media (Melydia Clewell), or future jurists, but include any and all citizens of the community who dare to make waves for the DA or his underlings. Yep, that butthead Franklin would really make a real good judge, wouldn't he? LOL

William L. Anderson said...

The whole thing makes me ill. But don't worry. I keep the cards and letters coming to certain people, and I am being persistent. I promised Eric Echols and Angie Granger that I would keep up the heat this summer, and that is what I intend to do.

(It will have to be lower intensity than what was the case during Tonya's trial, as I can't keep up that pace and still make a living. However, all this summer, you can bet that stuff will dribble from this blog that will not paint the LMJC in a happy light.)

If there is one thing that politicians and public officials notice, it is volume, and if we keep the cards and letters coming, they will take notice. Remember Jesus' parable about the woman who constantly petitioned the judge. Ultimately, he figured she would drive him nuts unless he took action. That is what we must do.

Kaye said...

Forgive me if this has already been posted, but Tonya is to appear on tomorrow morning's Good Morning America and a segment of Nightline tomorrow night, too.

Anonymous said...

Madewell is a snake who aggressively pursued court attendants attempting to dig up dirt on Ms. Craft during the trial. Channel 9 sucks.

John said...

Bill, good post today, I've decided to start blogging too. Hope we can all pull together and make some changes in our great country. Thanks for the inspiration to do more, not as good as you but, its a start.

Theresa Denton said...

Great post as always. Please continue to keep us abreast of what is happening as well as your thoughts. But mostly keep on keeping on until finally the FBI looks into this fiasco in the LMJC. I once use to live in the little town of Ringgold, and know that if this "bunch in the DA/ADA's office along with the "judges" decide to prosecute Mr. Echols, I am afraid they might get "some folks on bus trips" with some associations such as (NAACP, ACLU) they are not equipped to deal with; and I my friend would pay a big ticket price to see that!! Maybe if Mr. Sharpton or Mr. Jackson or perhaps the attorney himself from the NAACP takes a little trip south, "the bunch" might just have to go to plan B, which hopefully will be dropping the ridiculous charges against Mr. Echols.

TKS

Anonymous said...

The LMJC reminds me of the jokers running BP,we didn't do anything wrong,how did this happen,what is going on,why is Obamba here,why is everyone so upset?What idiots.

Lame said...

Anon June 1, 2010 10:36 PM, that's a very good analogy. However, I would extend it, the oil disaster which STILL unfolds in the Gulf was not just the fault of BP. It was all up and down and all around the chain of command and responsibility when it comes to who built and maintained that rig, from BP to the federal government regulatory agency that oversaw safety.

Likewise, the disaster of a criminal justice system in LMJC is not just one person, or even one actor. It is a colleciton of people, agencies, and prominent members of the community. Anyone here ever study Southern history between the Civil War and World War II? How did lynchings occur? The common, Northern-influenced, cliche is that a white woman would be raped by a white man, and a bunch of white sheet-wearing hicks would get in a truck, drive around until they found a black guy, and then string him up. It was not that at all. It was nearly ALWAYS the press that caused the event. Here's how it usually went down:

Something would happen that was perceived as a threat to society (a rape, a murder, a labor strike, an inter-racaial marriage, et cetera). The press would get wind of this and publish a report that was highly inflamatory, using information fed to them by local police after a very hasty and tertiary investigation. Acting upon that media report, citizens would gather in some public venue and publicly discuss the event. Acting upon the information provided, a suspect would be named and a kangaroo court-style trial would take place, where the increasingly-enraged, and often increasingnly-intoxicated, group would act as jury, with pretty much nobody acting as defense. The person would inevitably be found guilty, and the group would break up into smaller units to go out and find the individual now convicted, in their eyes, of the crime. Once caught, or if a suspect had already been taken into police custody, the crowd would re-assemble, take the "guilty" person, and hang him. It was not always some Black guy who got done up for the rape of some white woman. It was often white men who married a black woman, a black man who married a white woman, a white man thought to have murdered someone, or a black man thought to have murdered someone. In Florida there were lynchings where Cuban immigrants were lynched because of a labor strike at a cigar factory. The first man lynched in the Tampa area was an Englishman who was accused of having committing a crime against the daughter of a prominent local family, "the nature of which [was] too horrible to describe" in the newspaper. Remember, the klan, as much as I despite it and what it stood for, was rarely the driving force behind a lynching. It was almost always the public reacting to a newspaper report.

See, that is why I have such disdain for Newschannel Slime. Their behavior in all of this, even their continued behavior, smacks of the same kind of mentality and utter-disregard for truth in order to garner more readers/viewers that caused hunderds, even thousands of innocent people to be victims of vigilante justice in the post-Civil War era.

I am so proud of how far the South has come in the past 45 years. And, the behavior of people like Franklin and his willing accomplices (play on the book "Hitler's Willing Accomplices"), especially Franklin's Goebels (Newschannel Slime), simply infuriates me in how they are trying to take the South back to a time when nearly all political power rested in the hands of a few prominent families. The Wilsons have been acting as though they think they're the Wilkes, and Sandra Lamb wishes she could change her name to Scarlet. In reality, it is people like Rhett Buttler, Tonya Craft, who is the only one of them who has any real class or any real sense.

Lame said...

You see, the way I am perceiving this right now is that, with how lynchings occurred in the past, the true intent here was that if they failed to get Ms Craft to cave and take a plea deal, that a group of, or at least one, angry individual(s) would come and murder her. I'm not accusing the prosecutors or the Lambs of attempted murder. However, from what they have done and said, I am led to believe that once they realized she was not going to roll over and play dead, they wanted her dead, if not right away, put into prison for life (shut away so she couldn't expose them). They basically wanted her to be their Man in the Iron Mask.

In order to accomplish this, they resorted to two things, character assassination and witness intimidation. What they have accused the defense of doing is what they are the ones, in fact, guilty of doing, and they did it publicly, and in a way that only the most naive of commoners and cold-hearted of public servents couldn't see.

They browbeat Mr McDonald into committing purgery and filing what will ultimately be deemed a false police report (for his part in the arrest of Mr Echols). They were the first, second, and third through twenty-fifth to contact the media. They manufactured charges to prevent a potential defense witness from testifying or continuing his investigation (Mr Echols). They suborted pergured testimony from their witnesses. They lied to the judge about excuplatory evidence. They tried to use homophobia and racial prejudice to influence a jury. They acted in conjunction with an obviously biased judge to deny a defendant her Constitutional rights. They denied Mr Echols his right to a speedy trial by postponing it indefinitely. They lied left and right during the trial, most noticably during closing statements. They behaved attrociously during the trial. Then, when they lost, they issued statements denegrating the jury and the American judicial system, and lied, lied, lied their way through television interviews. At least the New York and Chicago big city political bosses of the 19th century did some good things for the wrong reasons. They did everything for the wrong reason, and still got it wrong. And they have the gall to say that the media was biased against them. Look at Newschannel Slime. Even when they report things that utterly crush the prosecutors here, they twist the story to seem like the prosecutors are still in the right. I would say they're like some of Lee's generals at Appomattox. They've been beaten, and there's absolutely no hope of winning, ever. Yet, they still want to keep on fighting. They're like some character on the Apprentice who's just royally screwed up a task, and saying, "It's not my fault." It's time the people of North Georgia point the finger at them and as a collective voice says, "You're fired."

Lame said...

One question. Someone here posted a few weeks ago that someone stood up in church and in front of the entire congregation accused Tonya Craft of being a lesbian. This amounts to slander. There were two women a few years ago who successfully sued their pastor for slander after he publicly accused them of being lesbians.

Can anyone confirm whether or not this, in fact, occurred, or was this another, "my cousin's friend's nephew's roommate told me" kind of pieces of information. If it is true, why is this person not already included in the list of people served in Tonya Craft's lawsuit? I know that if that happened to me, that individual would be doing one of two things, contacting a defense lawyer or on their knees in front of every church and public venue in the county declairing themselves to be in the wrong and asking for the forgiveness of myself, God, and every person who might have heard the rumor.

eagle1 said...

I don't know if Buzz & Arnt are still reading this blog or not.
They may have stopped because of health reasons.
For now it looks like to me that this is WAY above their level of power; enough so to turn their stomachs.
If those in Atlanta choose to ignore what has happened here it will be a disgrace.
I was surprised to read only the 3 letters channel 9 posted. I thought they were getting letters from all over the USA.
Was this just the "selected" ones?

Kaye said...

Eagle1 here is a tweet from John Madewell yesterday:

#tonya craft NewsChannel 9's investigative team confirms complaints filed to state attorney general's office. Read all three on NC9.com
about 14 hours ago via OpenBeak

++++++++++++++
I don't believe for a minute that the AG only received 3 letters! Perhaps these are the only 3 Buzz wanted released, and I especially believe that he wanted the response to Eric Echols released. It is a poor attempt on Franklin's part to defuse the fury of so many people. Since Baker is running for Governor, I think the Craft case is a HUGE liability for him, and I'm sure somebody from the state AG's office is yelling at Buzzie, to fix this and fix this NOW. I KNOW they have received more complaints than just these 3, and it is a sheer continuance of the outright lies that have originated within the confines of the LMJC. Keep those letters and emails going, people!

Anonymous said...

Do you people realize Jerry McDonald has cheated on his wife and family too many times to count. In fact he was told he had a "sex addiction"