Another victim of the system: Bullock County, ALABAMA (Union Springs)
One human being is too many when it comes to unlawfully and wrongfully having their
freedom stripped from them.
I received a most bizarre false accusation,
wrongful conviction, and illegal imprisonment by and through a conspiracy, instigated by Bullock County, Alabama D. A. Boyd Whigham and my accuser, John W. Waters, Sr. I had attempted to expose the primary drug suppliers for that County.
That is when I was made a victim of malicious prosecution and conspiracy to maliciously prosecute
It resulted in my being made a political prisoner by the
INjustice system in Union Springs (Bullock County), Alabama.
I know now that it was an extreme effort on their part to try to 'shut me up' for trying to expose their filthy dirt.
At one point, during the criminal coercion of the guilty plea, my mother was whispered to by one of the co-conspirators, Orvie Locklar, "if you don't get
Beverly to go on and plead guilty, then they are just going to go after Bill", (my brother). Locklar is also the one who told her that "this charge on Beverly could carry the death penalty". It is unlawful to threaten the death penalty during a coercion of a guilty plea, in fact, only in Bullock County, Alabama is it legal to even coerce anybody to plead guilty.
Later, our family had a full and clear understanding of their motives to conspire this malicious, vindictive plot toward me and toward my family. The corrupt Judge, Burt Smithart, has gone so far as to
literally sentence me for the THIRD time on the same conspired lie. He has created the need for a new legal term, "Triple Jeopardy".
I was neither present nor represented either of the times that Smithart took it upon himself, when there was no record of probation, to sentence me twice on the same expired case.
My due process rights were severely and visciously
denied, and I have been failed miserably by that broken system.
I am becoming more and more aware that this type of corruption is not so rare as I once thought. The criminal obstruction of justice toward me is
described in my horror story below. First, please sign my Guest Book!
Dad
Mary Bev
Bill
Bob Mom
Not pictured: Betsy & Dixie
(: THROUGH THICK AND THIN! :)
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 by Deputy Pete Cole of the Sheriff's Department of Bullock County, City of Union Springs, Alabama. I was being accused of stalking John W. Waters, Sr. 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 to 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' accusation.
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 Uncle Bubber Harden took the 'rap' for several dealers, and after exhausting his last appeal to no avail, he mysteriously died suddenly in prison. He could have talked and walked.
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 indeed 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. I have never used the killer, Cocaine. 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 to 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. In 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. D.A. 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.
AUGUST 1999 HEARING, At this hearing, Smithart was plainly shown where there was no probation on the case, and that he was holding Beverly Brabham in prison illegally.
Judge Gaither appeared at this hearing in August 1999. He swore under oath before 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.
Federal Court has yet to show any interest in Judge Gaither's testimony.
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 trap and returned to prison for the last 78 days of the illegal sentence. I was told at the hearing by Judge Smithart 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 the time that this third sentence was imposed on me for the same case.
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.
When innocent people are imprisoned, it should shock the conscience of any court of law, but it has not done so thus far in this case. Go figure.
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 Federal Court 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 D.A. 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, more than anyone else, 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, and they use 'color of law' to do so.
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.
Judge Gaither's Affidavits Judge Gaither wrote the second Affidavit after discovering that Judge Smithart lied about Judge Gaither's testimony in the above order
Attorney, for Beverly Brabham, Scott Johnson, sends Motion to Judge, that his deliberately harmful error be corrected. Judge Smithart ignored the Motion to Correct Harmful Error.
Beverly Brabham's plea to the Alabama Judicial Inquiry Commission for justice and relief. The Commission turned a deaf ear. The case was rife with bad faith, ill will, and malice.
It is an ominous sign of an irretrievably broken system when the United States Federal Courts refuse to protect a citizen's guaranteed Constitutional Rights! Who else are they to be guaranteed by???
