More Documents [Frog Gravy legal case]-updated

Posted: February 13, 2012 in criminal justice system
Tags: , ,

I had a little trouble with my mouse skipping around and misplacing documents this morning. I have updated this.

Judge Craig Clymer denied shock probation three times in my case. Here is what that looks like:

Order Denying Shock

Here is the transcript of the 911 call in my case. Judge Clymer and the Kentucky Court of Appeals agree that merely mentioning the name of a controlled substance to another person in public supports reasonable suspicion for police to investigate, notwithstanding the First Amendment protecting the freedom of speech:

Transcript 911 Call

You might be interested to know that heroin was front page news in the week before my arrest. So, in Kentucky, it’s okay for a newspaper to publish a national news story about [insert name of controlled substance here]- it is just not okay for people to talk about it. My ineffective lawyer, Chris McNeill, refused to show this news article to the jury in my case:

Fentanyl Laced Heroin

McNeill also failed to point out the perjury at the Grand Jury to the jury in my trial. Here is that perjury:

and here is the transcript Deputy McGuire’s testimony before the Grand Jury:

Here is the preliminary hearing, where Deputy McGuire testified initially. His testimony changed drastically and materially from his testimony before the Grand Jury:

and the suppression hearing where he changed his story again:

Leatherman Suppression Hearing_0001

After suppression, Judge Craig Clymer offered yet another version:

First Suppression Order

and another version:

Second Suppression Order

and a third version:

Supplemental Suppression Order

Chris McNeill failed to include transcripts of the Grand Jury hearing and the preliminary hearings in the record on appeal. The case was delayed for a year, while the preliminary hearing was included. To see the docket, and to see what the delay looked like, go to this site:

and click on ‘case information’ and enter my name.

The Kentucky Court of Appeals has designated this case to be precedential, and has designated it “To Be Published,” because, notwithstanding exculpatory toxicology, scripted testimony solicited a year and a half after the arrest, overcomes scientific evidence and early testimony. Here is the opinion in this case:

This case will potentially affect all related cases in the future. For example, if, in the future, there exists exculpatory DNA testing in a rape case but a witness states, “That defendant is the guy who raped me and I will never forget it,” the scientific exculpating evidence will be trumped by witness testimony.

New to the Frog Gravy legal case?

Here is the lab result that Deputy Eddie McGuire hid from the Grand Jury and lied about:

Here is the exculpatory drug test result:

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