415th district court

OCTOBER 13, 2011:   I was taken to the Parker County Courthouse to appear in the 415th District Court in front of District Judge Graham Quisenberry.  Graham Quisenberry refused to allow me to terminate counsel.  THIS APPEARANCE IS ON RECORD.  A device in the court room was recording audio.

I was brought into the courtroom, where Judge Quisenberry asked why I was there.  I began stating that, with all due respect, I needed to terminate counsel because he was not representing my interests.  Quisenberry asked me why, and I listed the reasons: Richard Alley had not met with me, had not made me aware of any evidence, had not responded to any of my eleven letters, had not set the Pretrial Hearing, and had not spoken to the witness...

Richard Alley then asked to respond.   He stated that he was "well aware of the evidence in this case".... so I asked, "Then what is on the CD?"   Alley responded, "I am not going to lay out the states entire case right here".... and went on to say that he had read my letters, had met with my parents, and tried to make me sound silly for for asking for a medical expert to testify while conveniently leaving out all the other pretrial matters.   He tried to make the witness sound as some unknown person, when in fact the witness was D. Babbit who had written a statement which also contained his cell phone number - I was not yet aware of this.   Richard Alley testified against me and my interests in open court, which seems incredibly bizarre.

The prosecutor, Nikki Morton, stood up to say that if I didn't take the current offer (six years in the Texas Penitentiary) that it would be "taken off the table".   The atmosphere became threatening.

Because of Richard Alley's indignant tone, I began my response with, ''I am not trying to cause offense...'' at which point Quisenberry interrupted and told me not to say that.

Quisenberry held up a paper which seemed to be the things Alley had billed for, and knowingly said to Alley, '' I assume you've done these things?''  Alley pleasantly affirmed.

Richard Alley changed the subject to say that the a polygraph test had been offered by the prosecution.  Quisenberry then asked me, "Will you take the polygraph test?''  Quisenberry, Nikki Morton, and Richard Alley all glared at me.  I stated that "I can't answer that right now'' as this was suddenly thrown at me in this hearing to terminate counsel.

I found myself in the bizarre position of being challenged by a team of three associates: Morton, Quisenberry, and the so called defender Richard Alley.

At one point Quisenberry grilled me, "Why do you want a pretrial hearing?"  I tried to answer the questions as best I could.   At one point I spoke about what actually took place with Chris Beniak and I would later find out Morton mistook what I said.

At the end of the exchange, Quisenberry decreed that Richard Alley would remain as my attorney, and in an irate tone said that if I didn't like it I should ''write to my state legislator.''

After exiting the courtroom, I was able to meet with Richard Alley, which was our second meeting.  I signed a form to agree to take the polygraph test.   SEE HERE   Then I asked about the contents of the CD, hoping in vain for the dash cam video.  Alley told me that he didn't know if any video was on the CD, he would have to check back at his office.  He had lied in the court room, claiming he was "well aware of the evidence in this case.''

I came to the sickening realization that I could not receive a fair trial in Parker County Texas.

Richard Alley did agree to finally come to the jail to show me the evidence against me, as I had been asking for four and a half months.

But he refused to show me the CD.  He claimed that he was not permitted to show CD evidence in the jail.  Other jail inmates told me that their attorneys would routinely display evidence on CDs using a lap top...  one in particular described watching dash cam video of a car chase he was in.  When I mentioned that attorneys had been displaying CDs to defendants in jail using laptops, he got angry and claimed he did not have a laptop.  He claimed he did not have access to a lap top, after claiming that displaying evidence on laptops was not permitted in jail.  Richard Alley is a liar.

The following week Alley came to show me the evidence against me which consisted solely of the reports written by Chris Beniak, and the statements that Beniak had Mr. and Mrs. Babbitt write.

I was informed that the CD contained audio of the 911 call placed by Mrs. Babbitt, and dash cam video of me being arrested the year before in Granbury, TX.  Apparently this proves that Chris Beniak was assaulted.  The dash cam video from May 19, 2011, which would have proven my innocence of assault, was kept hidden.

I realized that the man standing beside me during the incident - who had spoken to my parents when they packed up my apartment and told them I did not actually strike Beniak - was the man who had written the statement, D. Babbitt.  His wife had called 911 because of the disturbance.  She also wrote a statement, more in conformity with what Beniak wanted.

What would D. Babbitt say in court?  Would he testify to what he told my parents: that I never actually struck Chris Beniak?

Richard Alley never found out. He refused to contact the witness.

OCTOBER 24, 2011:   I was again taken to the Parker county courthouse.  Richard Alley presented me with a plea bargain for four years in the Texas Department of Justice Institutional Division - the Texas Penitentiary.  He said that I must sign it, or start picking a jury immediately that day.  I asked if he had spoken to D. Babbitt to find out what he would say in court, he had not.  I asked to delay accepting or rejecting the offer until knowing what the witness would say, but Alley refused.

I once again reiterated that I never assaulted Chris Beniak.  I asked Alley to at least call the witness - his phone number and contact info was on the statement - he refused.  He refused to find out what the witness would say in court, and pressured me to either sign the plea or prepare to pick a jury.

Alley told me that the testimony of the witness was not going to ''spring me'' as if I were a criminal looking for some technicality to get me out of something I had done.

I asked about the polygraph test, which I had agreed to take.  Alley said it had been canceled and gave me a vague answer about it not being necessary.  I asked why.  Alley became more and more impatient and unpleasant... it was not admissible in court anyway.

I said that I could not plead guilty to something I had not done, then Alley got up and stormed out with out saying anything.

Alley informed me several times that the outcome of a trial would be a conviction and maximum sentence of ten years. 

I discussed my situation with the other defendants who were waiting that day and they made it perfectly clear to me what I already knew:  I had a choice of either 4 or 10 years, regardless of the truth and regardless of everything else.

Evidence, witnesses, polygraph tests - none of it mattered because the decision had already been made and there would be be no fair trial or search for the truth in the 415th District Court.

Panic set in as I considered the difference between 4 years and 10 years. I realized that I was going  to be railroaded into prison. The other defendants convinced me that I should take 4 rather than 10. I briefly considered the difference between an appeal and exploring what legal options are available for a complaint against Richard Alley and possibly Judge Quisenberry and for some post conviction relief... and I considered that if all else failed, how could I go home the fastest. Ten years and an appeal versus 4 and researching other options.

I asked the guard to please go get attorney Richard Alley so that I may sign the plea bargain.  Richard Alley returned and I signed the plea. 

To finalize the deal, an appearance before the District Judge is necessary. The defendant pleads guilty in court.

THIS APPEARANCE IS ON RECORD.   Again there was a device in the courtroom recording audio.

I was taken into Judge Quisenberry's courtroom, where I waited in the jury area with other defendants who were pleading guilty. When my name was called, Richard Alley and myself went to the defense table. Nikki Morton, who had been strolling about the courtroom talking with clerks or court personnel, went to the prosecution table with another prosecutor.

Judge Quisenberry went through the customary procedure, asking the questions which must be answered by the defendant. He came to the question ''are you pleading guilty because you are guilty of what is alleged in the indictment?'' I did not answer. I could not bring myself to say I had done something that I had not done. Quisenberry explained the question, and then read the indictment to clarify. I remained silent. Then I blurted out ''the only thing I am guilty of is making the officer angry. I did not strike the officer and I did not cause bodily injury.''

Nikki Morton immediately said that she wanted to charge me with Aggravated Perjury and asked if I was sworn in.

Richard Alley asked to go off the record to advise the defendant. He then told me that aggravated perjury is a second degree felony punishable by twenty years in prison (it is actually a third degree felony) and I had better say I was guilty to save the plea bargain.  He advised me to perjure myself, to say I did something I did not.

In the climate of urgency and danger, with the threat of twenty years in prison (which I have since realized is bogus) I did what Morton and Alley wanted.

Richard Alley announced ready to go back on record, and he proceeded to assume the judges role in asking the questions to which I gave the answers as instructed. The injustice done by the 415th District Court against me was complete.

Laws alone cannot make a just society. Enforcement of laws and prosecutions must be tempered with decency. This case was unjust.

I was denied an adequate defense.

I tried to discharge Richard Alley, but was prevented from doing so by Graham Quisenberry.  I found myself facing a jury trial with an attorney who failed to prepare any kind of defense and had assured me that a trial would result in conviction and receiving maximum sentence. 

I did not assault Chris Beniak and I did not cause a bodily injury to him.