JOE G. RILEY 7 AUG 2006
DISCIPLINARY COUNSEL
COURT OF THE JUDICIARY
P.O. BOX 40
RIDGELY TN 38080-0040
COMPLAINT AGAINST JUDGE MIKE DAVIS ---GENERAL SESSIONS MORGAN COUNTY
DEAR MR. RILEY
IT GIVES ME NO PLEASURE TO FILE A COMPLAINT AGAINST ANOTHER MEMBER OF THIS SMALL COMMUNITY. BOTH MIKE AND I ARE RESIDENTS OF SUNBRIGHT TENNESSEE A SMALL COMMUNITY OF ONLY ABOUT THEREFORE INTERACTION BETWEEN INDIVIDUALS ALMOST CANNOT BE AVOIDED.
I HAVE BEEN AN ACTIVIST AND REFORMER FOR SEVERAL DECADES AND AM THE FOUNDER AND DIRECTOR OF THE “APPALACHIAN ADVOCACY ASSOCIATION FOR THE ELDERLY AND DISABLED” IN ADDITION TO BEING ASSOCIATED WITH A FEW OTHER MOVEMENTS. I AM FULLY AWARE THAT IN REALITY THE COURT OF THE JUDICIARY IS JUST ANOTHER LEVEL OF PROTECTION FOR A CORRUPT LEGAL SYSTEM AND THAT MOST COMPLAINTS ARE JUST BRUSHED OFF AND SWEPT UNDER THE TABLE. THE LACK OF RECORDING DEVICES OR A COURT REPORTER IN MANY LOCAL COURT ROOMS ENCOURAGES MISCONDUCT IN ADDITION MAKING ANY ALLEGATIONS OF MISCONDUCT DIFFICULT IF NOT IMPOSSIBLE TO PROVE.
Over the years I have crossed swords so to speak with Judge Davis and others of power and influence in this community to expose and prevent the abuse of the underprivileged. Needless to say this interference on my part hasn’t made me popular among certain elements of this community.
In late 1996 I purchased a defunct church and rectory from the Morgan County Head Start and moved in April of 1997. (Exhibit A) At that time I was losing my decades long battle with cancer which by that time eaten away a good portion of my face and a person with out a face really stands out in a community of only 650 people. In June of 1998 (EXHIBIT B) I married a person I had befriended who had severe mental and emotional problem, had been abandoned by her family with out any means of support. Only a few weeks after we were married she made it quite clear that my looks offended her but if I ever attempted to throw her out she would take me for everything I owned. Because of her problems she was unwilling and/or unable to contribute anything to the marriage, what I had was a responsibility I couldn’t get rid of. At the time it really didn’t make a whole lot of difference to me as I believed my life extensity to be limited at best.
I received a lot of help and support from the community people and churches prayed for me and in early 1999 I was referred to a surgeon in Oakridge who had a new surgical procedure he believed could get my cancer under control and between him and help in the community I got Ten-Care which provided reconstructive surgery. Not only am I still alive I even have a face and a nose. STARTING IN MID 1999 I BEGAN OFFERING SHELTER TO THE NEEDY SOME OF WHOM WERE EVEN REFERRED TO ME BY THE LOCAL COURTS.
AT SOME POINT IN 1998 MY WIFE BECAME ACQUAINTED WITH A COUPLE THAT HAD RECENTLY MOVED TO DEER LODGE FROM FLORIDA ONE CARL GORTON AND HIS WIFE and my wife started using , marketing and giving out samples of a health food supplement named “RENEWTRIENT”. ----IT WAS ONLY AFTER THE TBI AND LOCAL LAW ENFORCEMENT ARRESTED CARL GORTON ON A WARRANT OUT OF MICHIGAN that I discovered that RENTRIENT was really the “DATE RAPE DRUG” GHB=GBL. Up untill I began doing research on GHB-GBL I had never given any though that RENEWTRIENT could have been the cause of my wife’s radical mood swings and heart problems.
CARL GORTON DID NOT REMAIN IN MICHIGAN LONG FOR WITHIN WEEKS HE WAS BACK IN BUSINESS IN DEER LODGE TENNESSEE. I contacted Carl Gorton n person, via phone and e-mail making it quite clear that drug dealing would not be tolerated and that if he didn’t cease and desist I would contact law enforcement. CARL GORTON BLUNTLY TOLD ME TO GO AHEAD AND SEE WHERE IT GOT ME. First I went to see Mike Davis at his office where I was given the polite brush off, he stated he knew Carl quite well and that Carl was a nice honorable person and the Michigan incident was a simple misunderstanding. What Mike Davis didn’t know is that I had been in communication with the Attorney Generals of Michigan, Texas and Florida as well as Trish from Project GHB. I then contacted law enforcement and 4 individuals from different agency’s , federal, state and local showed up at my home and I gave then substantial evidence including samples of the drug. AGAIN I GOT THE POLITE BRUSH OFF AND I AM NOT TO PRETEND I KNOW WHAT KIND OD WORKING RELATIONSHIP CARL GORTON HAD WITH LAW ENFORCEMENT PERHAPS HE HAD GREASED SOME PALMS OR PERHAPS HE HAD TURNED INFORMANT. What I do know is that he had a 55 gal drum of GHB WHICH IS MORE THAN ENOUGH TO DESTROY THE HEALTH AND/OR LIVES OF THOUSANDS OF PEOPLE. AN INDIVIDUAL CANNOT OPENLY DEAL IN DRUGS ON AN INTERNATIONAL SCALE, OPENLY DRIVE WITH OUT A DRIVERS LICENSE ETC UNLESS HE IS GETTING PROTECTION FROM HIGH UP AT LEAST LOCALLY.
TO PROTECT THE LIVES AND WELFARE OF INDIVIDUALS I TOOK IT UPON MYSELF TO DESTROY THAT 55 GAL DRUM OF GHB STREET VALUE APPROX $2,000,000. FOR SOME REASON AFTER THAT INCIDENT I WAS NOT VERY POPULAR WITH CERTAIN SEGMENTS OF THE LEGAL SYSTEM OR LAW ENFORCEMENT. (EXHIBITS C)
AFTER I MANAGED TO DESTROY THE SUPPLY OF GHB IN THIS COUNTY OTHER CITIZENS JOINED ME IN LETTING CARL GORTON KNOW THAT INTERNATIONAL DRUG DEALERS WERE NOT WELCOME IN MORGAN WHICH PROMPTED CARL GORTON TO MOVE BACK TO FLORIDA WHERE HE DIED IN A 4 WHEELER ACCIDENT SOME WEEKS LATER.
AS A RESULT OF THE CARL GORTON INCIDENT I BEGAN COLLECTING INFORMATION AND HARD EVIDENCE OF WHAT APPEARED TO BE IRREGULARITIES AND ABUSES WITH IN THE LAW ENFORCEMENT AND JUDICIAL COMMUNITY OF THIS COUNTY, MY FILES WERE EXTENSIVE AND COULD HAVE HAD A MAJOR IMPACT IF I HAD BEEN AS PLANED ABLE TO PRODUCE THEM PA FEW MONTHS PRIOR TO THIS RECENT ELECTION. DUE TO THE LOSS OF MY FILES AND RECORD THE ELECTIONS HAD LITTLE IMPACT ON THE “JUDICIARY “ MOST OF WHOM RAN UNOPPOSED BUT THE COMMUNITY DID EXPRESS THEIR DISSATISFACTION WITH LAW ENFORCEMENT AS PEOPLE CHOSE TO REPLACED THEIR SHERIFF’S IN JUST ABOUT EVERY COUNTY AROUND HERE.
Since my files were stolen in what can only be described as COURT sanctioned theft there is no way at this time I can establish and/or prove just what information those files contained or how extensive they were. The COURT SANCTIONED THEFT of my personal property records and files were extensive everything from my birth certificate, 1801 family bible, photograph albums dating as far back as the civil war, library, gun collection, files and records DATING BACK DECADES and much more. ONE ITEM OF SIGNIFICANCE WAS OVERLOOKED BECAUSE INSTEAD OF BEING IN MY HOUSE IT WAS SITTING IN THE “APPALACHIAN ADVOCACY ASSOCIATION FOR THE ELDERLY AND DISABLED” P.O. BOX IN ALLARDT TENNESSEE.
What was in that mail box was a letter dated 10 June 2005 from the ATTORNEY GENERAL’S DIVISION OF CONSUMER AFFAIRS containing a copy of the response by PLATEAU ELECTRIC CO-OP to a complaint I had filed against them. That 14 page response which contains no exhibits demonstrates how extensive a file I assemble before I proceed with a complaint. (ATTACHED EXHIBIT D)
I had discovered that for years Plateau Electric Co-op had been using deceptive, abusive and or illegal billing and collection procedures. Plateau Electric Co-op was at a high degree of risk IN RESPECT TO THE POSSIBILITY OF HAVE TO REFUND TENS OR PERHAPS HUNDRED OF THOUSANDS OF DOLLARS OF IMPROPERLY COLLECTED FEES UNLESS THEY COULD FIND A WAY TO CURTAIL MY ACTIONS. NOTE THE ENTRIES DATED 4/6/05----4/18/05 WHICH SUGGEST THAT PLATEAU WAS USING STATE RESOURCES TO DO A BACK GROUND AND CRIMINAL INVESTIGATION IN AN EFFORT TO DISCOURAGE AND/OR CURTAIL A CONSUMER COMPLAINT. having been an activist for several decades I have been through this before HOWEVER THE ONE THING I DIDN’T KNOW WAS THAT MY WIFE’S OLDEST BOY HARRY MARC DONAGHY WAS A FUGITIVE FROM NEW JERSEY WHERE HE HAD PLEADED GUILTY TO THEFT AND RECEIVING STOLEN PROPERTY THEN FLED TO AVOID SERVING 5 YEARS IN PRISON. AT SOME POINT APPARENTLY IN MAY 2006 AUTHORITIES IN NEW JERSEY GOT AN PHONE CALL FROM AN UNKNOWN PERSON IN TENNESSEE TELLING THEM WHERE HARRY MARC DONAGHY COULD BE FOUND. INCIDENTALLY IT WAS ALSO IN LATE APRIL 2005 WHEN I TOOK ROBIN NORTZ---- HARRY MARC DONAGHY’S WIFE TO SEE JUDGE DAVIS IN HIS OFFICE TO DISCUSS THE PLATEAU ELECTRIC CO-OP SITUATION WITH HIM. AS USUAL JUDGE DAVIS ATTEMPTED TO GIVE BE THE BRUSH OFF BY CLAIMING HE WASN’T SURE HE HAD JURISDICTION OVER CONSUMER COMPLAINTS AGAINST AN ELECTRICAL CO-OP AND REFERRED ROBIN NORTZ TO LEGAL AID IN OAKRIDGE. JUDGE DAVIS WAS FULLY AWARE OF THE ACTION AGAINST PLATEAU ELECTRIC CO-OP AS OF APRIL 2005.
HARRY MARC DONACHY WAS ARRESTED ON A NEW JERSEY FUGITIVE WARRANT AND HELD IN A MORGAN COUNTY FACILITY FOR SEVERAL DAYS WITH OUT BAIL WHERE HE WAS INTIMIDATED AND FRIGHTENED WITH STORIES OF NOT ONLY DOING 5 YEARS HARD TIME IN NEW JERSEY BUT TO ADDITIONAL TIME FOR BEING A FUGITIVE. Harry and his family members were so frightened at this time to the point where they would have made a deal with the devil if possible. SUDDENLY IT APPEARS THAT JUST SUCH A DEAL WAS MADE BECAUSE HARRY WAS RELEASED ON $1,000 BAIL SET BY JUDGE MIKE DAVIS ONLY $100 PAID TO A BONDS MAN. (ATTACHED EXHIBIT N.J.)
When Harry Marc dinghy was released on the $1,000 bond set by Judge Mike Davis he was a changed person acting like he didn’t have a worry in the world much like the way Carl Gorton had acted when he was released after being extricated to Mich.--- both Carl Gorton and Harry Marc Donaghy lacked valid drivers licenses and prior to their arrest they were very fearful and careful about driving however after their arrests and release they became care free driving around just as pretty as you please even waving at law enforcement as they passed and all the time law enforcement being fully aware that they didn’t have a valid license. Harry Marc Dinghy a fugitive had fled New jersey to avoid a 5 year prison term yet Judge Mike Davis releases him for only $100 out of pocket expense when he could be facing an additional 3-5 years something that defies common sense and logic unless some sort of deal had been made. RELEASING HARRY MARC DONAGHY WITH OUT QUESTION PERMITTED HIM TO BECOME AN ACCESSORY IN THE THEFT OF MY PERSONAL PROPERTY RECORDS AND FILES ONLY A FEW WEEKS LATER. COMMON SENSE AND LOGIC SHOULD DICTATE THAT A FUGITIVE FACING AS MUCH AS 10 YEARS IN PRISON OUT ON BAIL WOULD NOT BECOME INVOLVED IN A CONSPIRACY TO STEAL TENS OF THOUSANDS WORTH OF SOMEONE’S PERSONAL PROPERTY AND THEN APPEAR IN COURT SEEKING AN ORDER OF PROTECTION UNLESS HE BELIEVED HE HAD THE PROTECTION AND BLESSING OF THE COURT. HARRY MARC DONAGHY WAS TO APPEAR BEFORE JUDGE DAVIS AGAIN ON SEPT. 8TH 2005 AT WHICH TIME EVERYONE EXPECTED HIM TO BE SET FREE BY JUDGE DAVIS HOWEVER HE NEVER GOT A CHANCE TO APPEAR BEFORE JUDGE DAVIS AS HE WAS PICKED UP AS HE ENTERED THE COURT HOUSE ON A GOVERNORS WARRANT. on the morning of Sept 8th 2005 I was on the sidewalk between the Court house and the Sheriff’s office when I was approached by a couple of very angry and aggravated individuals Harry’s brother Joseph Farmer and Harry’s wife Robin Noritz who were quite upset that Harry was being extricated back to New Jersey rather than being set free as they had been lead to believe was going to happen. A distorted and misleading account of this incident was introduced in to General Sessions Court under TRCIvP36 during a closed door meeting between Judge Davis, Skidmore Garrett and Andrew Hall held Friday the 13th of Jan 2006. (Exhibit A-13). More about THE INFAMOUS FRIDAY THE 13TH WHERE I WAS DENIED DUE PROCESS IN TWO DIFFERENT COURTS ( Chancery and general Sessions) ON THE SAME DAY BY TWO DIFFERENT JUDGES ( Davis and Williams) BOTH OF WHOM FOUND ME IN CONTEMPT BECAUSE OF MY ATTORNEYS NEGLIGENCE OR COLLUSION BETWEEN LAWYERS AND JUDGES, AND IN EACH CASE ATTORNEY FEES WERE AWARDED TO Skidmore Garrett. INCIDENTALLY Skidmore Garrett introduced EXHIBIT A-13 into Chancery Court an Aug 13th 2006 seems like 13 is Skidmore Garrett’s number.
In the late fall of 2005 my wife’s two sons both in their mid 30’s were experiencing problems and moved in to our home, at the time I and most everyone else in the community believed my wife was suffering from ALZHEIMER’S AND/OR DEMENTIA so I couldn’t refuse to help her children in their time of need. It was not just her two sons but their wives, girl friends and Critters that moved in on us. With an income of only about $13,000 a year 4 unemployed mooches all of whom were heavy smokers makes life extremely difficult. With in just over a week I threw the oldest boy Harry Marc Donaghy out when I learned they were making inquires as where to buy coke or meth locally. In a few days I had to change my mind since they were homeless with mo money and Robin has MS, but I was not about to let them stay under my roof for long so I helped them move into a trailer about ten miles from here paid the utilities etc for a while to help them get on their feet---I set Harry up with an auto repair business out in one of my out buildings but I had to shut that business down due to his dishonesty. The other brother Joseph farmer friends of mine helped him get a job as a prison guard and I helped him move into the same trailer park. TRYING TO HELP HER CHILDREN PUT ME IN ONE HELL OF A FINANCIAL BIND BECAUSE IN ORDER TO DO SO IT WAS NECESSARY TO USE MONEY NORMALLY EARMARKED FOR DIFFERENT THINGS LIKE BILLS AND THE MORTGAGE. IN ORDER TO ATTEMPT TO GET MY FINANCES IN ORDER I STARTED A OLE TIME PHOTO STUDIO AND ART GALLERY FOR CIVIL WAR REENACTMENTS---PRIOR TO OUR MARRIAGE I WAS A LARGE RETAILER OF REENACTMENT SUPPLIES SO I HAD QUITE A SELECTION OF CLOTHING , GUNS, ACCESSORIES ETC. LEFT OVER FROM THAT BUSINESS TO USE AS PROPS. Got my tent the 1st of June and did 4 small events to get the bugs worked out before everything got disrupted.
I had booked events for just about every weekend during the summer and fall however the State was about to Cancel my TEN-CARE and I still needed some more reconstructive surgery. Since I had already booked and paid my set up fees for events I didn’t want to change my plans over something like surgery that my surgeon had arranged for me at 4:30 pm July 15th in Oakridge. I thought I could get off the operating table drive to Webber City Va. And then drive on to Bedford Va. For the next weekend event, THIS WAS MY PLAN AND NO ONE IN THE COMMUNITY INCLUDING MY WIFE AND HER TWO SONS EXPECTED ME BACK BEFORE THE 25 OR 26 OF JULY 2005. WELL I AM NOT AS TOUGH AS I THOUGHT I WAS , OH I MADE IT TO WEBBER CITY JUST BEFORE DARK AND HAD TO SET UP IN A RAIN STORM WHERE I GOT SOAKING WET, RAINED MOST OF THE WEEKEND AND I NEVER GOT DRIED OUT IN ADDITION TO WHICH MY FACE GOT INFECTED SO BY SUNDAY THE ONLY THING I COULD THINK OF WAS GETTING HOME. ARRIVED HOME EARLY MONDAY MORNING ABOUT 1”30 AM TO FIND MY HOUSE STRIPED OF ALMOST EVERYTHING OF VALUE FURNITURE, STOVE, FRIDGE, AIR CONDITIONER, COMPUTERS FILES RECORDS, ART WORK AND COLLECTABLES ETC. AND A NOTE ON THE KITCHEN TABLE TELLING ME SHE NOT ONLY TOOK EVERYTHING SHE WANTED BUT SHE WAS 1 STEP AHEAD OF ME. WELL NOW IN ADDITION TO BEING TIRED AND IN PAIN I WAS IN A STATE OF SHOCK.
Early Monday I WENT TO THE CLINIC TO HAVE THE INFECTION ON MY FACE CHECKED AND TREATED THEN TO THE DRUG STORE TO GET MY PRESCRIPTIONS FILLED AND THEN HOME TO FIND A SHERIFF WAITING TO SERVE WITH A3 SETS OF PETITIONS FOR AN “ORDER OF PROTECTION” ONE FROM THE WIFE AND 1 FOR EACH OF HER TWO SONS AND VERBAL INSTRUCTIONS TO APPEAR IN COURT NEXT WEDNESDAY AT 8:30 UNDERSTAND THAT AT THE TIME I WAS SERVED I WAS IN SHOCK, EXTREME PAIN, HAD JUST TAKEN 3 PAIN PILLS AND MY FACE WAS SWELLED UP TO THE POINT I COULD BARELY SEE SO I DON’T EVEN REMEMBER WHICH OFFICER THAT SERVED ME WITH THE PAPERS. I CAN’T EVEN PROVE I WAS VERBALLY INSTRUCTED TO APPEAR ON WEDNESDAY AT 8:30 IN THE MORNING OR THAT THE WORD WEDNESDAY WAS USED AS AN INTENTIONAL ACT OF DECEPTION. WHAT IS RATHER OBVIOUS HOW EVER IS THAT THE RETURN DATE WAS SET FOR A TIME WHEN EVERYONE BELIEVED I WOULD BE OUT OF TOWN AND THEREFORE UN ABLE TO BE SERVED WHICH WOULD HAVE RESULTED IN A JUDGMENT BY DEFAULT WHICH IS WHAT HAPPENED ANYWAY. IF ONE READS THE ALLEGATIONS SET FORTH IN THE APPLICATIONS FOR ORDER OF PROTECTION IT BECOME OBVIOUS THAT IF A PROPER AND IMPARTIAL HEARING WAS HELD NO GROUNDS FOR AN ORDER OF PROTECTION WOULD HAVE BEEN FOUND----THE ALLEGED INCIDENT OF MY PUTTING HANDS ON HER NECK IN KNOXVILLE COULD OF ONLY HAVE HAPPENED IN LATE 1996 OR EARLY 1997 THE DATES WE WERE IN KNOXVILLE WAITING FOR THE CLOSING ON MY SUNBRIGHT PROPERTY WELL OVER A YEAR PRIOR TO OUR MARRIAGE AND THE PEOPLE WE WERE STAYING WITH WOULD HAVE TESTIFIED NO SUCH INCIDENT OCCURRED. (COPY OF APPLICATION FOR ORDER ATTACHED) NOTE THAT THE APPLICATION WAS TAKEN BY MIKE DAVIS HIMSELF NOT A CLERK AS WOULD BE THE NORM. ALSO NOTE HER COMMENTS ON MY APPEARANCE AND THE NOTATION I OWN MANY GUNS.
THE DAY AFTER I WAS SERVED I RECEIVED A PHONE CALL FROM AN UNKNOWN PERSON TO THE EFFECT I HAD BETTER HIRE THE BEST LAWYER I COULD GET BECAUSE THE JUDGE WAS OUT TO DESTROY ME. SINCE I DIDN’T HAVE FUNDS FOR A LAWYER I TOOK OTHER STEPS TO PROTECT MYSELF WITH A CERTIFIED RETURN RECEIPT LETTER TO JUDGE DAVIS DATED 20 JULY 2005 HOPING TO MAKE HIM THINK BEFORE HE ACTED IN AN IRRESPONSIBLE AND RECKLESS MANOR.
Normally if someone’s game plan is exposed for the record before hand individuals usually proceed with caution or modify their plans but not here in Morgan County, where they have gotten away with the same game plan for so long they don’t bother to even think any more----A PERFECT EXAMPLE IS THE SECOND ATTEMPT TO SCHEDULE A HEARING FOR A DATE EVERYONE BELIEVED I WOULD BE OUT OF TOWN WHICH HAPPENED ONLY A FEW WEEKS AGO WHEN EVERYONE THOUGHT I WOULD BE AT THE GETTYSBURG CIVIL WAR REENACTMENT THE 1-3 JULY 2006 SO A HEARING WAS SCHEDULED FOR 8”30 AM JULY 5TH 2006 WITH OUT NOTIFYING ME. BY THE GRACE OF GOD THE GETTYSBURG EVENT WAS RESCHEDULED DUE TO THE HEAVY RAINS IN THE NORTHEAST. There\fore not only did I change my plans but I found out about the hearing of July 5th the afternoon of 3 July which gave me an opportunity to get some certified return letters mailed exposing the THIRD ATTEMPT BY JUDGE DAVIS TO DENY ME DUE PROCESS A FACT THAT RESULTED IN JUDGE DAVIS DISQUALIFYING HIMSELF ON 5 JULY 2006 PRIOR TO THE SCHEDULED HEARING, THEREFORE NO HEARING ON THAT DATE. COMMON SENSE AND LOGIC DICTATES THAT A JUDGE WILL NOT DISQUALIFY HIMSELF UNLESS SERIOUS ERRORS HAVE BEEN MADE ON HIS PART.
Back to the vindictive order of protection signed by Judge Davis on 26 July 2005 and the word VINDICTIVE IS USED BECAUSE IN THAT ORDER HE EVICTED FROM A HOME I PURCHASED OVER A YEAR PRIOR TO MY MARRIAGE---WITH FULL KNOWLEDGE THAT SHE HAD MOVED OUT LOCK STOCK AND BARREL AND WAS LIVING WITH HER LOVER IN CLARK RANGE ABOUT 35 MILES DISTANCE IN ANOTHER COUNTY. ALSO HE GRANTED HER $1,000 A MONTH IN SUPPORT KNOWING MY INCOME WAS ONLY ABOUT $13,000 ANNUALLY. JUDGE DAVIS INTENTIONAL ORDERED ME PENNILESS, HOMELESS AND OUT OF BUSINESS WITH HIS ORDER OF PROTECTION DATED 26 July 2005 in addition to giving my wife and her sons the opportunity to return to the house and take what ever was left as apparently my premature return had disrupted their thefts.
Needing money and believing the hearing was WEDNESDAY MORNING I went ahead and did the Bedford Va. Event which was extremely difficult due to my recent surgery. I returned just before dark and unloaded my van except for the tent and poles, the 1st thing the next morning I went into Sunbright to do my laundry and get a hair cut n preparation for Court the next morning. When I got back to the house about 10 A.M. there was a Sheriff there serving me papers and demanding I leave the property with out taking anything. I left as ordered and drove directly to Wartburg and Judge Davis’s office. Judge Davis wasn’t intruded in conversation his statement was” YOU ARE GOING TO LEARN TO PLAY BY THE RULES GO SEE RACHAEL ABOUT AN APPEAL.” I WENT UPSTAIRS TO RACHAEL WHO INFORMED ME TAT AN APPEAL WOULD TAKE 2-3 MONTHS SO I EXPLAINED I WAS PENNILESS AND HOMELESS SO I DIDN’T HAVE 2-3 MONTHS. Well Rachel bless her heart told me to wait out in the hall and she would see what she could do about two hours later she came out and told me she had arranged for my case to be heard in Chancery Court next week and then she had me sign an affidavit of indigency.
A few days later when I was in the Habitat store a person MURRAY MCKEHAN I hardly knew came up to me and said I hear you are looking for a lawyer and I know one that will take your case with no money up front Andrew Hall. I was desperate so I went to Andrew Halls office who was apparently expecting me since he had already checked out my property and payment situation. He was fully informed that the bank was fixing to foreclose and I had only a little more than a year left to go on my mortgage. Andrew Hall wanted me to sign a paper to the effect that if the property went into default he could take over the payments but worse come to worse I would still have a place to live. AT THE TIME I WAS DESPERATE SO I NEVER GAVE ANY THOUGHT TO THE POSSIBILITY THAT ANDREW HALL MIGHT BE MORE INTERESTED IN MY PROPERTY THAN REPRESENTING MY INTERESTS When we appeared in Chancery Court I wasn‘t pleased with Andrew hall‘s performance because he failed to introduce my income factors nor did he address the issue of my personal property. I accepted his explanation for not addressing the income factor at that time as I did get back possession of my home and support was reduced to $300 monthly from $1,000. However I was insistent about my personal property and was even threatened with Contempt of Court for demanding that she be prevented from disposing of any of my personal property. I knew that it was her intent to dispose of as much as possible at THE GIANT YARD SALE HELD THE 1ST WEEK OF AUG. EACH YEAR. THE ONLY REASON SHE WAS SLEEPING AND/OR LIVING WITH RICK WAS THAT THE PLACE HE LIVED HAD FRONTAGE ON RT. 127 A FACT THAT IN OF IT SELF BECOMES SELF EVIDENT SINCE SHE LEFT HIM JUST A FEW DAYS AFTER THE YARD SALE. During the later part of Aug or early Sept 2005 she left the man she had moved in with when she left me on 15 July 2005 and removed from the Courts jurisdiction by moving to North Carolina. As I pointed out in my certified letter of July 20th to Judge Davis one reason she wanted to divorce me was to collect DISABILITY UNDER HER DECEASED HUSBANDS ACCOUNT. APPARENTLY SHE INTENDED TO MOVE BACK TO WHERE THEY WERE LIVING WHEN HE PASSED AWAY IN ORDER TO CREATE THE ILLUSION THAT SHE WAS HIS WIDOW STILL LIVING IN TE SAME TOWN BY-PASSING THE FACT THAT SHE HAD BEEN AND WAS STILL MARRIED TO ME. -----SOCIAL SECURITY FRAUD?
I HOPE EVERYONE CAN UNDERSTAND THAT WITH TENS OF THOUSANDS OF MY PERSONAL PROPERTY INCLUDING THE TOOLS OF MY TRADE ( MY BUSINESS) STILL MISSING AND/OR UNACCOUNTED FOR IN ADDITION TO THE ISSUE OF SUPPORT STILL NEEDING TO BE ADDRESSED I WAS ON ANDREW HALL’S BACK SEVERAL TIMES A WEEK. WHEN ANDREW HALL FAILED OR REFUSED TO FILE PLEADING IN RESPECT TO SUPPORT AND MY ABILITY TO PAY OR TO REQUEST A PROPER INVENTOR AND ACCOUNTING OF MY PERSONAL PROPERTY I NOTIFIED THE COURT AND SKIDMORE GARRETT BY CERTIFIED RETURN RECEIPT LETTER THAT I HAD GIVEN ANDREW HALL INSTRUCTIONS AND WOULD NOT PAY ANY MORE SUPPORT UNTIL A PROPER INVENTORY AND ACCOUNTING HAD BEEN FILED AND AT LEAST THE TOOLS OF MY TRADE RETURNED.
AT SOME POINT IN LATE SEPT OR EARLY OCTOBER ANDREW HALL TOLD ME THE BOTTOM LINE---THAT I MIGHT AS WELL FORGET ABOUT RECOVERING ANY OF MY PERSONAL PROPERTY AS THE ORDER SIGNED BY CHANCELLOR WILLIAMS ON 17 AUG. 2005 WAS ONLY EFFECTIVE AS OF THAT DATE. ANYTHING SHE SOLD, GAVE AWAY OR REMOVED FROM THE STATE PRIOR TO THAT DATE WAS NOT COVERED BY THAT ORDER. SINCE ANDREW HALL IS THE INDIVIDUAL WHO DRAFTED THE WORDING OF THE ORDER SIGNED ON 17 AUG 2006 PERHAPS HE IS CORRECT THAT TIME WAS GIVEN HER TO LIQUIDATE ALL SHE COULD AT THE 127 SALE, GIVE IT AWAY OR REMOVE THE REST TO N.C. PRIOR TO THE ORDER BEING SIGNED. THAT DOESN’T MEAN I HAVE GIVEN UP AS THE COURT FILES WILL ESTABLISH I KEEP ATTEMPTING TO GET ATTORNEYS TO REQUEST A PROPER INVENTORY AND ACCOUNTING BUT NO ONE IS WILLING TO ASK WHICH IN OF IT SELF SUGGEST THAT DOING SO WOULD BE AGAINST COURT WISHES.
ABOUT THE END OF Oct 2005 I GET CONCERNED OVER THE FACT THAT ANDREW HALL HAS REFUSED TO RESPOND TO SKIDMORE GARRETTS “REQUEST FOR ADMISSIONS” AND INTERROGATORY ANSWERS SO I DRAFT MY OWN WHICH I HAVE NOTARIZED AT CITIZENS BANK . ON MY WAY TO MAIL COPIES AT THE POST OFFICE I STOP AT ANDREW HALL’S OFFICE TO GIVE HIM A COPY. AT THAT TIME ANDREW HALL INFORMS ME THAT JUDGE DAVIS INSTRUCTED HIM TO TELL ME I WILL BE HELD IN CONTEMPT IF I DON’T PLAY BY THE RULES SO LONG AS I HAVE AN ATTORNEY I CAN’T MAIL ANYTHING DIRECTLY TO THE COURT OR SKIDMORE GARRETT. IT HAS TO COME THROUGH MY ATTORNEY AND AT THAT POINT I GAVE HIM THE ENVELOPS I WAS ABOUT TO MAIL AT WHICH TIME I BELIEVED THE ISSUE WAS RESOLVED.
Late Oct. 2005 I learn from the Camden County Prosecutor Office in New Jersey that persons with power and influence in Morgan County, Tennessee have been expending considerable time and resources to encourage Harry Marc Donaghy being given probation instead prison so that he could be allowed to return to Tennessee. Most unusual ? LATE NOV 2005 HARRY MARC DONAGHY RELEASED ON 5 YEARS PROBATION AND RETURNS TO TENNESSEE WHERE HE STILL OPENLY DRIVES WITH OUT A LICENSE AND ENGAGES IN SUBSTANCE ABUSE AND HAS EVEN BEEN GIVEN A RIDE HOME BY MEMBERS OF THE SHERIFF DEPT WHEN FOUND UNDER THE INFLUENCE WHEN THE OFFICER KNEW HEW WAS ON PROBATION AND UNDER THE INFLUENCE WAS A PROBATION VIOLATION.
Dec 2005 I discover that Harry Marc Donaghy’s WIFE ROBIN NORTZ IS LIVING WITH MURRAY MCKEHAN’S SON J.J. MCKEHAN AND THAT ANDREW HALL IS AND HAS BEEN J.J. MCKEHANS ATTORNEY.- I CONFRONT ANDREW HALL OVER THE CONFLICT OF INTREST ISSUE AT WHICH POINT HIS CONVERSATION IS NOTHING BUT JIVE----A FEW DAYS I RECEIVE COPIES OF MOTIONS FILED BY SKIDMORE GARRETT TO HOLD ME IN CONTEMPT HEARING SET FOR FRIDAY 13 JAN 2006---ON JAN 4TH 2006 ANDREW HALL FILES A MOTION TO WITH DRAW.
AS SOON AS I RECEIVE THE COPY OF ANDREW HALLS MOTION TO WITH DRAW I PRINT NEW COPIES OF DOCUMENTS I HAD GIVEN ANDREW HALL IN OCT. AND MAIL THEM TO SKIDMORE GARRETT AND TO THE COURT. I ALSO SEND A CERTIFIED RETURN RECEIPT LETTER TO CHANCERY COURT ADVISING THEM SINCE ANDREW HALL HAD WITH DRAWN I WAS DEFENDING MY SELF AND INTENDED TO PRESENT EVIDENCE THAT MY ATTORNEY WAS THE INDIVIDUAL WHO SHOULD BE HELD IN CONTEMPT FOR REFUSING TO FOLLOW INSTRUCTIONS.
DESPITE HAVING FILED A MOTION TO WITHDRAW ON JAN 4TH ANDREW HALL APPEARED IN CHANCERY COURT ON FRIDAY 13 JAN 2006 AND CHANCELLOR WILLIAMS FORCED ME TO ACCEPT ANDREW HALL AS THE ATTORNEY OF RECORD EVEN THOUGH CHANCELLOR WILLIAMS WAS FULLY AWARE THAT UNDER TENNESSEE RULES OF CIVIL PROCEDURE AN ATTORNEY IS INDIVIDUALLY AND DIRECTLY RESPONSIBLE TO FILE ALL NECESSARY PLEADING AND REQUESTED DOCUMENTS. COMMON SENSE AND LOGIC WOULD DICTATE THE MOST LOGICAL DEFENSE WOULD BE THE NON PERFORMANCE OF THE ATTORNEY AND ONE WOULD NOT EXPECT THE ATTORNEY TO USE SUCH A DEFENSE IF IT WOULD INCRIMINATE HIM. CHANCELLOR WILLIAMS HELPED ANDREW HALL BLOCK EVERY EFFORT I MADE TO INTRODUCE EVIDENCE OF NON PERFORMANCE AND/OR CONFLICT OF INTEREST BY MY ATTORNEY, THEN HE FOUND ME IN CONTEMPT OF COURT AND AWARDED SKIDMORE GARRETT 4800 IN LEGAL FEES BEFORE FORMALLY ACCEPTING ANDREW HALLS MOTION TO WITH DRAW.---------ON 13 JAN 2006 I WAS DENIED DUE PROCESS IN CHANCERY COURT BY CHANCELLOR WILLIAMS.
UNKNOWN TO ME ON THE SAME DAY SAME BUILDING IN GENERAL SESSIONS COURT IN A CLOSED DOOR MEETING BETWEEN JUDGE DAVIS ANDREW HALL AND SKIDMORE GARRETT I WAS AGAIN APPARENTLY REPRESENTED BY ANDREW HALL WITH OUT MY KNOWLEDGE OR CONSENT AFTER HE HAD FILED A MOTION TO WITH DRAW. AGAIN I WAS FOUND IN CONTEMPT FOR MY ATTORNEYS FAILURE OR REFUSAL TO FOLLOW INSTRUCTION AND/OR PROPER PROCEDURES AND SKIDMORE GARRETT WAS AWARDED $300 IN LEGAL FEES BEFORE JUDGE DAVIS FORMALLY ACCEPTED ANDREW HALLS MOTION TO WITH DRAW.---FOR THE SECOND TIME ON FRIDAY THE 13TH OF JAN 2006 I WAS DENIED DUE PROCESS IN A MORGAN COUNTY COURT.
THIS IS A UNIQUE CASE THAT JUST MIGHT TEST THE CREDITABILITY OF THE TENNESSEE COURT OF THE JUDICIARY---WHILE IN MOST SUCH CASES THERE IS A LACK OF HARD EVIDENCE DUE TO THE LACK OF RECORDING DEVICES AND/OR COURT REPORTERS THERE IS AN ABUNDANCE OF HARD EVIDENCE IN THE COURT FILES THAT SUPPORT THIS COMPLAINT. I LIMITED THE AMOUNT OF EXHIBITS SO NOT AS TO OVERWHELM YOU IN THE BEGINNING JUST ENOUGH SO YOU KNOW THERE IS SUBSTANCE TO THE COMPLAINT.
IT WOULD NOT BE WISE TO ATTEMPT TO SWEEP THIS COMPLAINT UNDER THE TABLE LIKE MANY OTHERS ARE BECAUSE BY THE TIME YOU RECEIVE THIS COMPLAINT IT WILL HAVE BEEN PUBLISHED ON LINE AS AN EXAMPLE OF WHY STATES NEED A JUDICIAL ACCOUNTABILITY ACT SUCH AS AMENDMENT E WHICH IS ON THE BALLOT IN SOUTH DAKOTA IN NOV. WITH POLLS SHOWING IT WINNING BY 3-1-----A COPY IS ALSO BEING FORWARDED TO THE U.S. CONGRESS JUDICIARY COMMITTEE IN SUPPORT OF THE “JUDICIAL RESPONSIBILITY AND TRANSPARENCY ACT OF 2006” WHICH IS CURRENTLY BEFORE THE JUDICIARY COMMITTEE. ADDS WILL BE RUN DIRECTING INDIVIDUALS TO WEB SITES WHERE THIS AND OTHER COMPLAINTS AND/OR INCIDENTS OF ABUSE CAN BE VIEWED WHICH WILL RESULT IN OTHER VICTIMS COMING FORTH.
DAVID TODD
1187 BURRVILLE RD.
SUNBRIGHT TENNESSEE 37872
STATE OF TENNESSEE
COUNTY OF-----------------
SWORN AND SUBSCRIBED BEFORE ME ON THIS-------DAY OF AUG. 2006
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