Friday, August 13, 2010

The Ordeal of John Mulkey

Police and prosecutors in Georgia are out of control. They bring charges where there are no crimes, and then refuse to back off once the charges are debunked, and because the authorities at the state level refuse even to investigate any wrongdoing, these people are free to act lawlessly and ruthlessly as they engage in criminal activity.

Thus it is that John Mulkey of Cartersville, Georgia, is facing the nightmare ordeal that Tonya Craft, Brad Wade, James Combs, Eric Echols and countless others in North Georgia already have been (or are currently) experiencing. The able Dennis Norwood of The Chattanoogan recently had a story on Mr. Mulkey and I urge people to read it to find the facts of the case. I won't repeat them here, but, instead, will deal with some of the reasons that the authorities will not bend to the obvious and end this man's ordeal.

First, I wish to deal with the weapons charge against Mr. Mulkey, a charge into which the ancient doctrine of mens rea factors. Until U.S. Justice William O. Douglas led a "Progressive" charge against this doctrine and eviscerated it at the federal level, mens rea was the bedrock of American and English criminal law.

This doctrine dealt with intent, that is, intent to commit a crime. The great English jurist William Blackstone, who more than any other person influenced American and English law, called it a "vicious will," in which one intends to engage in criminal activity.

Take, for example, two car wrecks in which someone is killed. In the first, everyone can see that it truly was an accident. Perhaps a tire blows out, a deer runs into the road, or something happens that no one expected. In the second, however, the driver of one car deliberately steers his vehicle into the other vehicle and pushes the accelerator, hoping that the end result - a death - will occur.

In the first incident, if no traffic laws have been violated, almost certainly the authorities won't charge the driver with a crime. However, in the second situation, the authorities see that the driver was using his car as a weapon and will charge him with homicide, and the charge would be justified.

In both situations, there is a death, but in the second, one person acted recklessly in order to visit the injury upon the other party. However, if the authorities were to charge the first driver with murder, then there likely would be public outrage, and the person would appeal to mens rea.

Thus, that is the situation involving the weapons charge against Mr. Mulkey (filed, appropriately, in Catoosa County, where the law disappeared years ago and only venal, criminally-minded police, prosecutors, and judges remain). Since he clearly was not aware that there was an outstanding warrant against him, he could not have known that he technically was in violation of weapons laws.

(In fact, he even told the police officer that he had a weapon in the car, which hardly would be the actions of a man who was holding an illegal firearm. Again, the authorities don't care; they just want to throw people into jail, justified or unjustified.)

So, we see just how men like Buzz Franklin and the magistrates and judges of the LMJC really don't care about legal doctrines. However, this story gets worse, at least as far as Mr. Mulkey is concerned.

As Mr. Norwood's story goes, Mr. Mulkey's wife, Casey, died of leukemia. They had a daughter, and Casey's parents wanted custody of the girl. According to Mr. Mulkey, they allegedly convinced the girl to accuse Mr. Mulkey of molesting her, a charge that the child says she never made. (The actual charge came from the in-laws, who told Bartow County police, when then took out a warrant for Mr. Mulkey's arrest.)

So, that is where we stand. For the time being, there has been no indictment, but the authorities refuse to back down. We need to understand that the authorities LOVE to pursue child molestation cases, and from what I can tell, they really don't care if there was actual molestation or not. Why do they love these charges?

First, there is no need for physical evidence. If they can get someone to give hearsay accusations - even if the person who supposedly was molested denies it happens - then they have a basis for a charge.

Second, there is money in it. States and localities receive millions of dollars in federal money to pursue these kinds of charges, and the more "molestation" they "uncover," the more money and prestige for the authorities.

Third, it is a power game. We now are in an age in which people in the legal system no longer care if the charges they pursue are true or not. The usual line is, "We will let a jury decide," but the laws and rules governing judges and prosecutors clearly state that they are to pursue the truth, not what is convenient to them.

More and more, we are seeing narcissistic prosecutors like Len "The Man" Gregor (who constantly bragged on himself during Tonya Craft's trial, wanting jurors to see him as a Greek god instead of the lying fraud that he really was) taking over. These are people who enjoy bullying others, and the more lives they destroy, the better they feel about themselves.

Today's prosecutors, because they almost never are disciplined by authorities, feel free to break the law and to lie constantly about charges or bring charges that the courts already have said are not legal. In John Mulkey's case, the authorities clearly have no legal or moral basis by which to bring charges, yet they refuse to do what is right.

In my devotions this morning, I read Proverbs 14:34, which states: "Righteousness exalts a nation: but sin is a reproach to any people." Indeed, people like those who have authority in the LMJC and elsewhere in Georgia have become a "reproach" in every sense of the word. They no longer care about right and wrong; they just want to win, and all too often the so-called gatekeepers are nothing more than foxes guarding the hen house.

I will say unequivocally that no society can withstand this kind of official misconduct without breaking down and becoming an out-and-out police state based solely upon fear. The John Mulkey case might seem to be just another Georgia "child molestation" case, but it symbolizes much more, for we have a situation here in which the authorities so far have shown no inclination whatsoever to do what is right - and what the law supposedly requires of them.

A society can withstand people committing crimes, as criminals always have been in our midst. No society, however, can withstand those in authority utterly disregarding the law, for that goes to the very heart of the system.

31 comments:

Jerri Lynn Ward said...

Bravo. You are truly a modern day Jeremiah. Too bad the churches in that community appear to be apostate and will do nothing to fight the system's violations of God's laws on justice.

kbp said...

Good post Bill.

:)

Anonymous said...

Amen Jerri. Bill, Another great job. What can we do People, Got to be something...

Anonymous said...

Anon. 2:52 One thing we can do is exercise our right to vote! There is so much apathy when it comes to voting. Everyone whines and wants change, but then sit at home and don't vote! We need to vote out all of the current judges and when we have a new governor, etc. in place, we need to write, call, email, until we start to see some action taken.

Jerri Lynn Ward said...

Anon, 3:29 you could start a meetup group to mobilize boots on the ground to vote out the buffoons. You need to blockwalk and phone bank against these people.

The key is not just voting, it's getting out the vote for your side.

justiceseeker51 said...

You said it ALL Mr. Anderson(Bill). You deserve the utmost respect for what you are uncovering, trying to bring light upon. Not only in the LMJC, but, the Criminal Justice system as a whole.

We have too many that have had Blind Trust in our system for so long, as I myself once did. When you tell the truth it's tragic, so unbelievable, if it weren't so tragic, it would be comical.

We need to open our eyes America.

Go Tonya!

Kaye said...

While apathy is definitely a problem with voter turnout, I feel compelled to point out that Nathan Deal won the Republican nomination for Governor of Georgia while there is a question of ethics violations looming. I hate to say it, but it seems to me that some Georgians have this creepy desire to only have the most corrupt politicians elected into office and then they want to keep them there forever.

There have been some Catoosa County residents that were not especially happy when Tonya Craft named Catoosa County, itself, as a defendant in the federal lawsuit. They don't like that they may end up paying out of their own pockets for the actions of others.... however, it will be many of these same people that will not bother to take the time to vote out these liars. We've allowed some of these clowns like Summers and Franklin to rule the roost for years now and when it comes right down to it, the voters put them there. We are ultimately responsible for putting these people in these authority positions time and time again.

I hate it that party loyalty seems to take priority over common sense. Candidates, regardless of party affiliation, should be regarded very warily if under scrutiny for ethics violations. I want these allegations resolved one way or the other before casting a vote for any of them. But, no, it doesn't seem to work that way here in Georgia...

John said...

Bill,
I’m making this one post, to thank those who have shown an interest in my case. I was not able to get it all out today on the radio show, but I hope it was enough to tell what our family has been thru. I love my daughter and hope she is returned soon. Again,Thanks to all.

KC Sprayberry said...

I feel for you, John, and all you're going through. All you can rely on is your lawyer, who has already proven he's more than ready to take on these corrupt politicians and their lackeys.

For those in this area, it's more than getting registered voters to the polling place to vote. It's about getting people to register and then to vote. The apathy goes much deeper than not voting. For far too long, the same people have won time after time, remaining in positions of authority and power over us because we let them. From now until the elections in November, we need to shout out the message that everyone over eighteen should register and then get them to the polls.

Kaye, Nathan Deal quit his senator position right ahead of an ethics complaint and he's not free and clear yet. There was a complaint he took 18,000 from his campaign for governor to defend himself against that federal complaint. But that story died before it gained steam and was back during the Tonya Craft trial. Now, there was some question about absentee ballots and a recount because of the closeness of the run off, but the other candidate conceded. Sure makes me wonder just what ND has to garner so much power when he's basically done almost nothing for his constituents. I sure don't want him as my next governor. Can't wait for November when I can make my opinion official.

kbp said...

I wish you the best of luck, John!

William L. Anderson said...

John,

Take no prisoners. These animals have terrorized good people for long enough. What they are doing to you is outrageous.

As everyone knows, I no longer take prisoners myself. It is against my nature, but I am sick of the wrongdoing and someone needs to "stand in the gap," and so I am doing what I can.

Anonymous said...

Bill, We appreciate all you do your are the best.3:29 I have my Boots let me know when and where.

Victoria said...

This is just sickening. Clearly, this case with John is another custody war. I do hope some local people make a stink about this. I think it is good that he has gone to the media. Is there a link to the radio show he was on? Georgia seems to be a dangerous place for parents to live, though I think the problem is widespread throughout the states.

Is John going to be working with DLO? Maybe DLO should open an office in that area because it seems his practice would be running non-stop there.

Anonymous said...

John's Interview,
http://www.wgow.com/sectional.asp?id=20156

Mary Jane said...

I don't live in GA, and I definitely don't want to move there, even though I know there are lots of genuinely good people in GA such as Ms. Tonya Craft's supporters and those who take interests in cases like this one. But, I don't want to risk my life even driving through GA, where a bunch of syndicated criminals are The Law in suits and uniforms.

Anonymous said...

"Second, there is money in it. States and localities receive millions of dollars in federal money to pursue these kinds of charges, and the more "molestation" they "uncover," the more money and prestige for the authorities."

If law enforcement and prosecutors are just making things up for money as they go along why the quote from Aldridge.

""Our data indicates that probably one out of four little girls, and one out of six to eight little boys will be sexually approached or abused or assaulted prior to the age of 18. That's a big problem," says Dr. Nancy Aldridge"

I guess according to you we should go back to the 1960's way of investigating child abuse. When everyone would shy away from reporting because they didn't want to be involved. Here's a good like on a domestic violence social experiment. The reporting of child abuse would be similar without mandated reporters. http://www.youtube.com/watch?v=BW30WslahMc

Anonymous said...

bill
the real law is a thing of the past.
the judges and d.a. only want glory for notches in their win colem. they have no respect for the truth. guilty
till proven innocense is their moto.
fight them john for your freedom.

kbp said...

Latest Federal Abuse Statistics Indicate Bias

Good article, with some in there from Richard Wexler, who I got to know a few years ago.

Notice how ABUSE was decreasing, so CPS shifted to NEGLECT and even fabricated what could be called NEGLECT.

Anonymous said...

Being a friend to John and his family I know that they had a loving and happy home. I know how John is as person and how much his family meant to him. I feel that he is a strong person in knowing what he had to go through when his wife became ill. As a person I don't know how I could handle seeing the love of my life go through all the sickness,pain, and suffering. He did whatever he could to be there for his family. As friend they invited me into their home. I helped out a lot in taking his wife to weekly Doctors appointments and doing things she wasn't able to do. When she did pass away I cannot imagine how or what John was going through. As being a close friend of theirs I knew how it made feel. When it comes to John and his daughter they seem to have a great relationship. The times that I was around I never seen anything that would make me think that he was hurting her. Knowing from my past and what i went through that by seeing how his daughter acted towards her dad I do strongly feel that he has not hurt her in any way. I agree myself that she was led to believe that he did hurt her. If a person in general is told a statement of some sort and that's all that is being talked about even though they know it isn't true I feel within time they in up believing it's true or really happened. For example me a child and in all reality has been hurt in some way by family. I know that I would never want to be around them again because of feelings such as being scared. Moreover the feelings of hate,anger, and revenge. So having that thought why is it when his daughter was out of state she was always telling her daddy I miss you, I love you, always saying things about wanting to come home. Here John is trying to pick up the pieces of getting him and his daughters lives back in order after all they have been through. I have never known of John to be in trouble with the law. I feel that he is being robbed in the way this case is being treated. Nobody deserves to go through what this man is going through. I know he has so many questions that can't be answered. No human being deserves to lose a spouse much less their child and being blamed for something that's not true. John I know that you are a strong person I have faith in you. Fight for what you know is right you will get her back.

William L. Anderson said...

So, the 5:26 believes that it is just fine to have thousands of falsely-accused people and numerous innocent people thrown into prison.

I believe that we can have awareness of child abuse without all of the incentive structures that practically invite false accusations. Sorry, but you cannot have it both ways.

Anonymous said...

There is awareness of domestic violence and like the video shows people don't want to be involved. There is no incentive to make a child abuse case. Its not like you can accuse someone for physical abuse and then bill somebody. A teacher or medical worker does not get paid to file a report. Law enforcement does not get paid to investigate. Cutting off the money will not put schools, hospitals, police departments, or prosecutors out of business. The only agencies that receives funds are agencies like child protective services. So go ahead and cut out all the services that CPS provides; foster care, child support recovery, adoption services, TANIF, food stamps, and medicad.

William L. Anderson said...

You know something, all of those services existed before CPS, but we did not have hundreds and maybe thousands of innocent people sent to prison, falsely convicted of child molestation.

We don't need CPS to have a decent society, but the false claims spurred on by CPS and like agencies are absolutely destructive.

Guess what? The funds that CPS agencies get for reporting false child molestation/abuse ARE an incentive for false reports. As you also know, most false accusations come about because of custody battles or because a child is angry at a parent or teacher. Once the accusation is made, CPS agents almost always "confirm" abuse, whether it is real or not.

And please do not tell me that we cannot get rid of CPS agencies. We should get rid of them. They are a cancer on decent society. Just because you are perfectly happy to see innocent people have their lives destroyed does not mean that the rest of us should be silent regarding this holocaust.

kbp said...

10:52 forgot world peace in that listing!

Anonymous said...

I really hate cases of "Guilty until proven innocent" as I would say. There are known of many cases like this, but there are cases in which victims can't seek justice. To me knowing that there is so many criminals out there that are running free,its the innocent ones that get locked up. Its also a sad fact of having wrong doers that is within the judical systems and in our government. John you can and will fight this. I'm here for you.

Anonymous said...

LOL kbp! I'm actually going backwards on Bill's posts, but have figured out that 10:52 is the same in the next blog who seems to think search warrants are to find exculpatory evidence. Jack holes like this person are why I haven't read Bill's blog in over a month.

Kaye & KC, you are exactly right about Nathan Deal. It made me sooooo sick for him to win the GOP race & wondered why in the world did Handel just let it go. I would have demanded a recount. It did once again show our ignorance as a state. Hate to say it, but I'm voting for Barnes now. How dare we go to the polls & hand Deal the nomination???? What the hell is wrong with people? He truly has done nothing for this state in the way too many years he's been in office. If he's elected, we will be footing the bill for his ethics violations. It's sickening. UGH!!!

volfan69 said...

This hurts my heart for this Dad! I will donate to his fund if there is an account set up for him. My husband was accused by his ex-wife of sexual abuse of his daughter. No charges ever filed because no evidence ever produced. I guess he is one of the lucky/fortunate people.

Kaye said...

anon 11:06,

I think we both are in agreement that the Handel/Deal primary should have NEVER been close enough between the two to even warrant a recount. Deal is just another dirty, corrupt politician that should have been sent home packing by voters. How he ended up the GOP nominee, I'll never understand. Handel DID win in Catoosa Cty, so I do take some comfort in the fact that perhaps there is a chance that citizens here are ready to throw the bums out! We shall see.

I am hoping that there will be good, honest candidates running for the DA and Catoosa Cty Sheriff's positions so we will have an opportunity to send Summers and Franklin to go find other employment instead of preying on the same citizens they should be serving. We need good candidates to come forward and soon. I've NEVER in my life volunteered for a political campaign, but if given some good candidates for either of these positions, I'd be willing to knock on doors, make phone calls, and place some signs in yards... whatever it takes!

I'm still haven't resigned myself to voting for Barnes... looking at Monds and his platform, even though up until now, 3rd party candidates did not fare well.

Anonymous said...

Kaye, I'm 11:06. Just so you know it's me answering. I can't get the silly thing to post under open id or my screen name. It's driving me nuts! LOL

I'm just afraid something fishy went down with Handel conceding. It was so close & not everything was accounted for, so something just isn't right. I can think of a handful of elections in the last few years which weren't even this close & candidates had recounts. Doesn't it seem a bit strange?

I too have been looking at Monds, but I have a really bad feeling that votes for him are basically votes for Deal. People not wanting Barnes back in, either because he's a democrat or that they are still pissed about the flag. Other than the flag situation, he didn't hurt our state as Perdue, Deal & several others have. I was impressed over the border that people spoke very loudly against Wamp. That's what should have happened here, but noooooooo, we (I say we, even though I didn't vote for the jack hole (s))continued to vote for do-nothings & corruption. A major thing that should have been checked was whether people voted in the same primary. I know at Graysville, all they did was ask, they have no way of checking that at the polls. So I wonder, statewide, how many people voted in the run-off under a different party than their original votes during the primary. Those votes would be null & void, so it would be a very important to make sure. That is why I question Handel's motives to lie down & not fight.

I'm with you on getting people with character and would be willing to walk the neighborhoods to talk to people if we were able to find some solid people. I don't care what party they are from, we just have to have change & as soon as possible. It's getting scary here.

UGA Mom

Kaye said...

UGA Mom,

Yes, I think Handel's quick concession speech is suspicious as well.

I don't know about any other voting precincts, but where I voted at during the runoff, (which was the same voting precinct where I cast my primary vote), they had which party I had voted for previously. I'm thinking that this was the case wherever they had electronic voting.

If there was ever a time/situation where 3rd party candidates might do well, I gotta believe the GA gubernatorial race would be one! While I might not agree with some of Barnes' platform, I have no indication of wrongdoing, unlike the open allegations of ethics violations surrounding Deal... so I would at least at this point consider casting a vote for Barnes... maybe.

Anonymous said...

Kaye, I so wish the 3rd parties would fair better in elections. I hope GA follows suit with several other states who have eliminated the "party" primaries. It really helps the candidates who don't have a gagillion dollars to spend. It's a top 2 vote-getters go to the general election. It truly cuts down on spending & helps with the whole process. We are not a country of just 2 parties & until we change this, the underdog will always stay just that. Think about it, when a candidate is not a dem or rep, they get put on the dem primary ballot in GA. If an uninformed voter doesn't know that going in, they may just vote in the republican primary & miss their opportunity to vote for the person they would prefer.

It is so nice to talk to someone who understands the ramifications of Deal possibly being elected. So many people just don't get it. To me, it's scary. Our state is in so much trouble as it is, just think of where it could go.

Oh, we have electronic ballots at Graysville, but all they did was ask people which primary they had voted. If it weren't so important for me to make sure Deal was eliminated, I would have changed mine just to see what happened. The only thing they checked on the computer was my name & address, which she technically didn't do because I've known the woman for years. I almost wish I had done it, then would have been able to cause a big stinky poo afterwards. Hmmmmmm....hindsight is 20/20.

KLJ said...

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Please visit here: Justice4JohnNOW.com