The Trial

Motion for Continuance Denied

Prior to the trial I had filed a motion for a continuance, sighting the 6^th amendment to the U.S. Constitution requirement that I be provided proper legal counsel for any trial that could ultimately take away my liberty or property.  I also sighted a U.S. Supreme Court case, Argersinger V. Hamlin, which states “if a person is forced to go to trial and not provided an attorney as equally good as the prosecution, or State, that the judge can not send that person to prison if found guilty”.  Judge Walker denied my motion. 

Motion to Recuse Judge Denied

Before the trial began, I moved Judge Walker to recuse himself for his being a defendant in a Federal Civil Rights case where he was implicated in a conspiracy to deprive me of my Civil Rights and liberty.  That because he had a financial interest in that case, he could not stand in judgment over me.  His interest would be to find me guilty in order to prevent me from pursuing my lawsuit against him while incarcerated.  This would also prevent me from exposing his corruption, fraud on the court and other crimes he committed in denying me due process in the court. 

Jurors lie to vordire questions not held in contempt of court

During vordire questioning, no lie was too big for them to assure they made it onto the jury.  The jurors denied all of my questions, including:

1. Are any of the potential jurors related to anyone involved in this case, including myself, the states witnesses, the judge, prosecutors, sheriff’s deputies or court personnel?
2. Was anyone employed by government or related to anyone employed in government?

I explained that if they had any connection to any of these two questions to the 6^th degree of separation, they must state so.

3. Did anyone listen to my radio show?
4. Did anyone remember that I ran for County Executive in 2006?

These were important because I had radio and TV commercials running for months and the local paper had published a full page article about my run for office.  I had placed almost 40 billboards and over 300 yard signs throughout the county; plus the fact that my name was on the ballot.  Not one would admit they knew any of this when questioned.

5. Was anyone afraid of, or did anyone hate dogs or Native Americans?  Two people of the 25 present said they were afraid of dogs and they were released.

Only after the trial was it revealed that almost all of the jurors were either employed by government, related to someone they was employed by government or held a deep resentment against me for my radio show of exposing their corrupt friends. 

Exposing Juror #7

After the 2^nd day of the trial was half completed, the private investigator appointed to my case informed me that juror #7 was the mother-in-law of the arresting officer, Jeff Fletcher, who was a defendant in two separate civil lawsuits that I had filed related to this case.  One was filed in this Circuit Court and the other was in the U.S. District Court where he was listed as a co-conspirator to violate my civil rights and deprive me of my liberty.

Immediately after I was notified about the conflict of interest by juror #7, I notified Judge Walker and the DA and moved the court to remove her and have her take the stand to answer why she had not disclosed this fact.  Judge Walker refused.  Judge Walker argued that we did not know if she knew her son-in-law was being sued.  I replied “You don’t think her daughter has told her that her husband is being sued for $10million? I think she has.”  He still would not remove her.  I stated that juror #7 was tainting the jury pool and I moved the court to declare a mistrial.  Judge Walker refused.  It was only after the trial that I was informed that several other jurors were employed by government and/or related to government employees.  One juror was in fact the coach of a local Tipton County High School and one was the husband of a lady that worked in the Navy office of personnel finance.  The jury was “stacked” with people who were there specifically to find guilt regardless of the facts presented. 

Judge Walker Signals Assistant DA Walt Freeland to Object though out the Trial

According to the affidavit of Mr. Bill Boyer, a witness to the entire trial, Judge Walker would signal assistant DA Freeland when I was questioning witnesses. The DA would object.  The intentional nature of the signaling was so obvious that Mr. Boyer was able to clearly see the exchange of signals from Judge Walker to Freeland.  Interestingly, the judge called Mr. Boyer to the stand to question him as to his presence at the trial.  It appears that Judge Walker was trying to eliminate Mr. Boyer from observing the trial because he noticed the signals from Judge Walker to Freeland. 
 
 
 

Assistant DA Freeland Becomes Hostile that I was Recording the Trial

During the trial, Freeland moved the court to forbid my recording the trial and sighted the court reporter as the only recording that needed to be going on.  I asserted I have a right to record the trial and if Freeland did not have anything to hide, he should not worry, otherwise he should be careful what he says. 

Laxton’s Admissions

On the stand, Laxton admitted he shot 29 times at Brandi.  He said he was cutting the grass when he first saw our dogs Brandi and Dude on our property.  Interestingly, he said he finished cutting the grass and then went inside his home further down the road, got his gun and returned to shoot from his property at them on our property. He then crossed the street to continue shooting at them.  When questioned as to when exactly was he afraid of Brandi, he said when she ran towards him.  That never happened; I was a witness that she was only in my next door neighbor’s pond and she only ran to me, which was in the opposite direction of Laxton.  He admitted to shooting onto our property, where my wife was standing and then in my direction as Brandi ran toward me.  He claimed that he did not see me. 

However, he did say he heard me screaming to stop shooting and saw me at that point.  He admitted he had no reason to come onto my next door neighbor’s property, across the street from where he lived other than to shoot at our pets.

He admitted that he had testified differently at the probable cause hearing.  At that hearing, he swore that I told him to get down on his knees.  However, now he said that I just told him to get down.  That was because he had been told by the DA what to say, because I had given the DA a copy of the recording of the event.  Laxton admitted that he wrote a letter the night of the event as to what happened and in that letter, he never stated anything about a claim that I put a gun to his head, forced him to his knees, nor did he claim that he could see the spirals of the barrel of the gun.  The DA, Walt Freeland, argued that Laxton’s memory got better several days later.  I remarked that his memory got even better after he heard a recording of the event and the fact was that at no time did I put a gun to his head, let alone point one at his head because I never got within 30 feet of him.  In fact, the recording revealed me telling him to stay back as he advanced toward me.  Apparently, he had no fear for his life and there was no threat to his safety because he crossed the road advancing on our dog, Brandi, and then towards me.  That was because he was armed the whole time with his rifle at first, and then with a pistol in his pocket. 

King’s Admissions

Just like Laxton, King’s memory became better with time and listening to my recording.  King admitted that the night of the event, he too wrote a statement that indicated I screamed to stop shooting and walked toward Laxton after he stopped shooting and said “Put your gun down, you are under arrest, citizen’s arrest.”  But there was nothing about a claim of putting a gun to his head, or saying get on your knees or that he could see the spirals of the gun.  That is because he was never closer than 50 feet.  He too was armed with a pistol in his pocket with his hand in his pocket holding the pistol pointed at me, even though my pistol was in my holster or by my side.  Interestingly, a week later, he claimed that I had my gun to his head as he called 911.  The recording clearly revealed his call and my telling him to inform them I was making a citizen’s arrest.  He admitted to interfering with a lawful citizen’s arrest and holding a gun in his pocket that was pointed at me.  Interestingly, when the 911 operator asked him for his home address, he refused to give it and he refused to give his address again at the trial.  I learned after his testimony that he had been divorced by his 1^st wife a year earlier for lying and lack of fidelity, and that his new wife of less than one year had also filed divorce papers for his lying and lack of fidelity.  This was an issue of honesty I was going to question him on to challenge his credibility as a witness, but the judge denied my ability to call him as a witness in spite of the fact that I had listed him as one of my many witnesses who I had subpoenaed… more denial of Due Process by Judge Walker. 

Officer Walls Admissions

Tipton County Sheriff’s Officer (TCSO) Walls indicated in his report “Parsons gave no statement.”  Only after I played the recording of my meeting with him and TSCO Arender, did he remember that I told him at the scene that a man who I later learned was Barry Laxton shot at my wife on our property, shot at me while I was on my next door neighbor’s property and shot and killed our dog Brandi while she was running toward me.  I had asked TCSO Walls and Arender to come and see Brandi’s wounds that showed she was shot in the back from a long distance.  The recording disclosed their refusal to look at Brandi.

TCSO Walls denied calling Judge Peeler from the scene that night while on the stand under oath.  That is, until I showed him his cell phone record that revealed his call to Judge Peeler’s home, a copy of the phone directory for Covington and the listing that he identified was in fact that of Judge Peeler.  The number listed in the directory for Judge Peeler was the same on his cell phone call list for the night and time of his dispatch to the scene.  It should be noted that Judge Peeler was a candidate in the 2006 Tipton County General Election that I had challenged at that very time and therefore had a financial interest in this matter.  If I won the challenge, Judge Peeler would have to run for office again and anyone could run against him. Therefore, he had a financial interest in me and this event.  Officer Walls admitted it was Judge Peeler who ordered my arrest and that I be held without bond.  Therefore, when Peeler stood in judgment over me at the probable cause hearing, he violated my civil rights and due process and the ethics of his office by ruling on a case of probable cause when he had already made that determination when he ordered my arrest. 
 
 

Officer Arender’s Admissions

TCSO Arender tried to act as though he knew nothing and heard nothing; that TCSO Walls did everything.  That was until I played the recording; he then admitted he told me that I was being arrested at the direction of Judge Peeler.  He admitted that it was he, Arender, who came to the field after I was brought back from the jail to look for Brandi, and it was he who stumbled across Brandi in the dark and said “I found her, she is over here.”  But it was someone else who said “It was an opossum.” seconds later.  Arender also admitted he gave my USB thumb drive that he did not know was a voice recorder and was recording when he took it for me to my friend Chip Ward. 

Judge Walker Denies my Right to Call Witnesses

As every witness was questioned that the prosecution had called and then those that I had called, I reserved the right to recall all witnesses for, among other things, the purposes of impeachment.  Also because there was evidence and conflicting statements and testimony from the State’s witnesses that I needed to impeach.  Judge Walker denied my right to recall the State’s witnesses and denied me the right to even call those witnesses I had subpoenaed that were also the State’s witnesses.  Judge Walker denied my right to even call the arresting officer, Jeff Fletcher, who arrested me after the indictment and who assaulted me in the lobby of the courthouse and who could authenticate the courthouse video of his assaulting me.  Judge Walker denied me the ability to play that video.  Judge Walker denied my right to show the video the State gave me as discovery which showed King explain how Laxton shot and killed Brandi after he came across the street and the direction he shot when I was yelling and the shots were flying past me.

Judge Walker denied my right to present defenses and expose the conspiracy by DA Mike Dunavant to falsely charge me with kidnapping after I sought an indictment against his assistant 10 months after the attack on my family by Laxton where I was falsely charged with assault for telling Laxton he was under arrest.  Judge Walker denied my right to question the Public Defender, Gary Antrican, and his assistant, Lyle Jones in front of the jury, but only let me question them with the jury out of the courtroom.  This prevented them from learning about the conspiracy of the DA, Mike Dunavant and his assistant that was witnessed by Lyle Jones.  The jurors were denied the ability to judge the statements for Antrican and Jones. 

TCSO Investigator Neslie ‘s Lies and Admissions

At the scene, Neslie said that his step-daughter had a wolf hybrid and it was very gentle.  Then, when I questioned him on the stand, he denied that statement and said that she kept it in a cage because it was dangerous.  He also denied that he said he would come back to our property to see Brandi if she was found.  He then acknowledged that he recalled I had called him when I found her, but he refused to come see her.  I had a recording of this conversation, but the judge would not let me take a break to find it. 

Attorney Mills Tries to Damage my Case and Gave Ineffective Suggestions

The once appointed attorney, Rebecca Mills, who was removed from the case two weeks before the trial upon her own motion and argued against her helping me given the fact she was listed as a defendant in the federal Civil Rights case, kept trying to interrupt me with suggestions of questions that had nothing to do with the case.   Her questions were only intended to confuse the jury.  When she informed me she was anti gun ownership for common citizens, it was apparent that she wanted me found guilty so I would lose my right to own a gun.  Her attitude was “how dare a commoner have a gun”.  Guns are for police, military and a select few like judges and attorneys.  The elite you know…She was hostile towards wolf hybrids.  She believed that the jury would never believe anything but the “Little Red Riding Hood” effect about a wolf hybrid and they would conger up false images to demonize me by demonizing my pets.

Mills also told me to allow the court to include lesser offenses for the jury to consider.  This was malpractice, whereby the jury could consider offenses I was never charged with as a tactic of eliminating the all or nothing fact that the prosecution did not prove the case they put up against me for aggravated kidnapping. So by confusing the issue, the jurors might misunderstand the standard of finding guilty beyond a reasonable doubt and over analyze lesser included offenses that they were never presented with during the trial. 

Judge Walker Orders a Rule 31 to Confuse the Jurors Who Acquitted Me on All Kidnapping Related Charges

It was apparent that despite the lack of evidence to prove any of the charges against me, the jury wanted to give the prosecution something, but not give me a death sentence by falsely convicting me of kidnapping; whereby the judge could have given me 25 years for each charge, in essence a death sentence.  Interestingly, after the judge heard the jury return a NOT guilty verdict as to the kidnapping and all related charges, he, on his own, employed a Rule 31 to pool each individual juror if they had any questions as to guilt or innocents.  All said not guilty, but one man said he had questions about the lesser included offence of attempted kidnapping.  Walker interpreted that as though this juror thought I might be guilty.  Remember, the standard of proof beyond a reasonable doubt was not met and a question of might does not surpass the standard for a conviction.  In spite of the fact that he said not guilty, the judge twisted his initial question to state the prosecution may retry that charge if they choose.  According to the Tennessee Rules of Court, page 738, Rule 31, Advising Commission statement paragraph 2 states this would be Double Jeopardy. 

Judge Walker Immediately Revokes my Bond and Orders Me to be Taken into Custody

When the jury returned a verdict for the charge of aggravated assault, a Class C felony, the judge could allow me to remain free on bond pending appeal, but he chose to have me locked up in the Tipton County jail pending the sentencing hearing. 

Judge Walker Reveals His True Psychopathic Personality

Judge Walker had no legitimate reason to send me to prison.  It appears this was his intention from the beginning as he lied in the sentencing hearing to give justification to his action.  In doing so, he committed fraud on the court by inserting false facts into the record.  He repeated that I “threatened to kill them as I held a gun to their heads”.  He repeated this several times and that I was a threat to the community.  That was the opinion he wanted to brand into the record for the TDOC, the appellate court, the media and to use to keep me in prison.  Judge Walker sees me as the enemy because I am awake and honest and willing to stand and speak the truth to expose the corruption and lies of Tipton County and the predators like him who are in offices across the country.  Just like when I had Toyota looking at coming to Tipton County with their truck plant, a situation the old boy network could not stand.  They think citizens with an income are the biggest threat to their agenda.  When people can afford to hire good attorneys from out of town and can pay to run for elective office, they take control of their communities.  That is what the corrupt elite are worried about.  The fact is, I never threatened to kill anyone.  I was never accused of having threatened verbally, or otherwise, to kill anyone.  There was no complaint or testimony that I threatened to kill anyone.  The recording that I have at the scene during the event revealed that I never said I was going to kill anyone.  I said repeatedly to stop shooting, put your gun down, you are under arrest, stay back; you are under citizen’s arrest.  This is a right the law recognizes and provides for a means to arrest when you see a felony committed in your presence and when someone has attacked you and your family in front of you and killed your dog that they thought was a full blooded wolf. 

Witherington’s Ineffective Counsel and Refusal to Call Witnesses or Disclose my Social History

Witherington’s ineffective counsel and refusal to call witnesses or disclose my social history denied my 6^th amendment rights to proper legal counsel and required elements for diversion.  I had filed for diversion prior to Witherington being appointed and I gave him a list of witnesses and my social history prior to the sentencing hearing.  It became apparent that Judge Walker had appointed me another tool for the court who was working against me.  At the hearing, he refused to call any of my witnesses, all of whom were in the courtroom waiting their opportunity to speak on my behalf.  My wife, an electrical design engineer, my mother, a senior financial analyst with the U.S. Navy, my father, a retired contractor, my sister, a senior vice president for a regional bank, friends Bill Boyer, Fed-Ex MD-11 captain, Vernie Klugan, retired Fed-Ex DC-10 captain, Mary Hill, Training specialist for Fed-Ex, Chip Ward, local business owner, and Jim Jones, retired paralegal and military pilot were all in attendance.

Witherington failed to recite my social history, including being a former manager with Fed-Ex over aircraft and trucking operations in East Tennessee, a former adjunct faculty member with Southwest Tennessee Community College, former and current owner of several local businesses, a Tennessee licensed General Contractor  and Home Inspector,  having earned a degree in Mechanical Engineering, a licensed weapons permit holder for almost 20 years, a former United States Air Force Civil Air Patrol Pilot performing DEA, counter-narcotics, customs and special missions flight operations, a licensed pilot, local farmer, and having 30 years experience working with wolves and wolf hybrids.  Being 48 years old and having absolutely no criminal history, not only qualified me for judicial diversion, but the woman making the decision said that I would have been the poster child for diversion , if there was one.  None of this was mentioned by Witherington and therefore was not put into the record. 

Witherington’s Connection to Laxton, Refusal to Fulfill Obligation and Lies

After sentencing, Witherington exposed his connection to Laxton, refused to fulfill his obligations in preparation for a new hearing and lied about ordering the transcripts.  Only after the sentencing hearing, does Witherington inform me that he was in fact Laxton’s family attorney, a direct conflict of interest.

Witherington informed me he requested the transcript but after 30 days, I was informed he never did.  Witherington also refused to include the relevant issues in my Motion for New Trial.  This was important because if they were not included, then the appellate court would not consider them at the appeal.  The statute requires that all issues to be argued at the appeal must be included in the Motion for New Trial.  Instead of working on my case, Witherington spent his time calling local attorneys to see if they would take my case.  Witherington said that I never should have been appointed an attorney because I should be have been able to find one for a few thousand dollars.  He claimed he was working for the State in this effort.  In spite of the record showing the Supreme Court initially declaring me indigent and then Judge Walker approving me for indigency status and appointing an attorney, Witherington spent his time trying to prove their decision was in error and that the court should not have given me an appointed attorney.  The court never hired him to do this, but apparently he billed the court for this effort.  Consequently, the court never removed me from indigency status. Only when a friend paid a private attorney to take the case to protect me from Witherington, was I able to get a Motion for a New Trial filed with most of the issues listed. 

Freeland Uses Adhominems to Demonize Brandi and Me

Freeland repeatedly called Brandi a wild wolf during the trial and sentencing.  I objected to this at the trial several times as being prejudicial; and that Freeland was testifying to facts that he had no knowledge of.  I was not allowed to object at the sentencing hearing because Judge Walker had appointed Barney Witherington to represent me.  Freeland also disparaged my Cherokee heritage and religious beliefs and traditions at the sentencing hearing which had nothing to do with the case.  Here again, Witherington refused to object to this abuse. 

The Covington Leader, Tipton County’s Propaganda Machine, Spins the Lies

From the original headlines tying my run for County Executive and the false charges against me, it was obvious the Covington Leader was working to spin lies to the community that would demonize me and prevent my ability to work in the community.  The original report did however, reveal one very important think. They quoted Laxton stating he “shot into the uninhabited wooded area across the street”.  The wooded area was in fact the front of our property where Pat was standing.  This was an admission of reckless endangerment. The article published by the Covington Liar, as referred to by many, is nothing but a pack of lies. They are known as simply a tool for the status quo corrupt “ol boy network” of Tipton County. 

New Attorney, Mike Working, Abandons my Case

Working agreed to file the Motion for New Trial and work toward getting me out of prison on a bond pending appeal immediately and promised to take my calls.  He also has promised to come and see me four different times.  I told him not to waste the time driving here, but to just take my calls so I could communicate the facts of the case.  He has refused my calls since he was paid an initial payment.  Although he did file a Motion with the issues I presented, he did not provide the case law I mentioned or any case law for that matter.  Working failed to get my file from Witherington or Mills, but chose to drive to Covington to look at the file multiple times.  He refused to get a copy of the file from Pat.  He also failed to assure the transcript was ordered.  He complained that Witherington and the court personnel lied to him.  He stated in his last letter that he did not have time to take my wife’s calls because he was working in the kitchen at his restaurant.  He never said he was a part time attorney.  He also said he had over 100 clients in prison and did not go to see any of them.  He spoke of how he was very effective for several who never paid him a cent, but in my case, where he was paid, he fails.  In one letter, I asked him who he was working for, me or the State.  He said neither.  Could that mean he is working for the court?  Also, he failed to inform me he had only been an attorney for 5 years.  Apparently he takes his clients money but fails to attend to the cases timely.  I don’t know if he is scared or just lazy.  It looks like I will have to file my own motions as it appears he has abandoned my case.