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... there in total shock at what was being said. My attorney just shrugged when I would look at him, he never opened his mouth. The death penalty was suggested as a possibility by a DEA agent, Orvie Locklar.
He was a lifetime friend of my parents, so they thought. One can only imagine the helpless horror of that ordeal. I had never had any court experience, but we were very aware of just what they were capable of doing. My mother and I talked alone after the bug-eyed, red faced judge went back to the bench. He had screamed to the top of his lungs!
My mother was crying at the thought of the death penalty, because she knew just how brutal they could be. The appointed attorney told me that the best thing to do was plead guilty, that it would not affect my nursing license, that there would be no real harm done. I kept asking, where is Waters, let's get him in here and clear this lie up. The attorney said that this was not the kind of case where he needed to be present. Boy, was he right, the railroading was going to take place, regardless of the truth.
Of course, there were no facts whatsoever to back any of this. On transcript before the judge, I stated a few times that I did not want to plead guilty to something I positively did not do. The DA mentioned "trying the case." The judge would say, yeah, we " ll try it, and THEN you " ll see what you get. I was so beaten up by them at the end of the day, and knowing that I could still be sitting on death row, I pled: "guilty, I guess." I was immediately taken to jail and was denied an appeal. Their appointed attorney told my mother that if an appeal was allowed, that it would show that he gave ineffective assistance of counsel. My mother told him that is exactly what he gave.
I was in jail for 17 days with no bond and no appeal. My parents got an attorney and he talked to the judge. Judge Robertson suspended the sentence in July 1996. I was to enter a treatment program. (totally unrelated to a stalking charge). I applied to one or two of them, and going to one never materialized. I refused to contact the court to let them know.
I just went home and started living life. I avoided and hid from them, but nothing else occurred. Judge Robertson was forced to leave office in October 1996. He was addicted to Cocaine and had stolen thousands of dollars from the County.
Judge Gaither took office. In April 1997 to end the case, he ordered a 28 day treatment program. I completed that successfully and he ended the sentence. He knew it was due to corruption. He was an honest judge and came into a mess to clean up. THERE, THE CASE WAS OVER, May 1997 Judge Gaither let it be known to the locals, that he would go by the law, and that he wasn't there to make anyone rich.
Needless to say, he wasn't very well liked by the DA and others of the court. In January, 1999, the locals supported the election of a judge who would puppet for them, Burt Smithart. He is very young and follows the orders of the DA. I was arrested for a misdemeanor public intoxication in March 1999, 100 yards from my house.
It was adjudicated by Municipal Court, fine paid, and one year probation ordered. Eight days later, the D. A. Whigham sent me a summons to court. He claimed that he wanted to revoke the stalking charge.
It had ended two years earlier and he was aware of that fact. I was ordered to court on April 2, 1999 for the probation revocation of stalking. There WAS no probation to revoke and Judge Gaither had written an affidavit saying so, that the case had expired. Judge Gaither was ignored by Judge Smithart and I was put in jail there for one week before being taken to prison. I was literally re-sentenced on an expired case. My family went to the Attorney General's office, talked with an underling of his, and nothing was done on my behalf.
A hearing was held in August of 1999, and Judge Gaither testified under oath there, that the case expired and that he did not order any probation. His testimony was lied about by the D. A. Whigham.
I filed a state habeas corpus in October 1999 and to this day, it has been ignored. I filed a Federal Habeas Corpus in November 1999. The Magistrate Judge, John Carroll, made it a full blown case. He wrote two orders to the court and two order to me to answer. He resigned as magistrate judge in June 2001. The Magistrate Judge who was assigned the case, dismissed it in August 2001, as being out of statute of time.
There was definitely a wise in the wood pile! ! ! Double jeopardy stands alone, sui generis, and I had filed in the mandatory one year statute of time. A dismissal for 'out of statute of time' is done summarily, and this case had gone on for two and a half years! In January 2001 I was called back to that court for probation consideration. The end of this double jeopardy was to be April 10, 2001. The DA requested 5 years, but Judge Smithart said he'd order 3 years, if I chose to take the probation.
The Judge said, you can go back until April 10, 2001 and complete the sentence or take the probation. (the law states that it is the persons unfettered right to complete a sentence in confinement or elect to take probation). Knowing of the hatred for me and my family, I elected to return to the 'hell' and be through with them. I was released on April 10, 2001. On April 13, 2001 my mother received a phone call from the judge at her home at night.
He told her to inform me that I would be on probation for one year. She asked why, that she thought I returned to avoid probation. He said he had made a mistake and hung up the telephone. I called the court clerk and requested an order for the probation.
I received one in the mail. I filed yet another habeas corpus in Federal Court, alleging double jeopardy again. The second sentence, by Judge Smithart, for the expired case was on April 2, 2001. I was not present nor was I represented at that sentencing.
The third sentence for the same case was on April 13, 2002 and I was not present nor was I represented at it either. I recently requested that Federal Court reconsider the second sentence for the same case, which robbed me of two years of my life. It was denied by Federal District Court. Federal Circuit Court vacated that order, and has returned it to Federal District Court for a full remand. The third sentence for the same case, the probation ordered in April 2001 is still pending an evidentiary hearing in Federal District Court. They ordered me to get all affidavits from witnesses, testimonies, and the affidavit from Judge Gaither who ended the case in 1997.
That is where it is at this point. Both the second and third sentences on the expired case are now two separate cases being considered in Federal Court. (MY comments: There were 3 judges in 3 years. District Attorney Whigham was there during the reign of the three, and he knew the truth. He is the culprit at the core. Hopefully this exposure will bring the desperately needed relief that this town needs).
Sincerely, Beverly Brabham Any and all questions and comments are welcome! Write to Beverly directly at: URL: web
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