Appointed counsel

On May 19, 2011, I was charged with Assault Of A Public Servant With Bodily Injury under Texas Penal Code 22.01(b)(1), as well as Resisting Arrest under Texas Penal Code 38.03, by Weatherford police officer Chris Beniak - who I had previously had contact with on FEBRUARY 10, 2011 and he may or may not have been present on MAY 3, 2011.

Assault Of A Public Servant With Bodily Injury is a 3rd degree felony which was handled in the 415th district court in Parker county, Texas, under judge Graham Quisenberry.

I was unable to bond out of jail.  On May 27th, 2011, attorney at law Richard Alley was appointed to represent me. I received a notice from the court, and also a letter from Richard Alley's office to inform me. SEE HERE

I immediately began writing Richard Alley to describe what had happened and to indicate that I was not guilty, that I had been overcharged.  I demanded a jury trial.

I was able to use a law library at the Parker County jail, which was incredibly helpful to me.

I was served a copy of indictment at the jail by a deputy on July 6, 2011. It alleged that I caused bodily injury to Christen Beniak's arm by striking his arm with my hand.

On July 12, 2011, I received a copy of notice of Arraignment from Richard Alley's office and the next day I received a copy of Waiver of Arraignment which had been filed.  SEE HERE  I received no acknowledgment of the letters I had written.  For some reason, on July 13, 2011.  I received another letter from Richard Alley's office with the same copies.  SEE HERE 

On July 21, 2011, I received a one sentence letter from Richard Alley's office with a copy of the indictment and a print out of an email sent from the D.A.s office to Richard Alley.   SEE HERE  The email stated that there was a CD-R of evidence in the case and a copy was available to pick up. It also stated that the states offer in the case was "enhance to second degree with prior out of state felony - 15 years."

I only have one prior felony: DWI from South Carolina in 2003. I did not go to prison for that, and have never been to a penitentiary anywhere. There was no enhancement paragraph on the indictment. I was prosecuted by Nikki Morton, assistant D.A., Parker County, Texas.

I wrote to Richard Alley asking him to prepare a defense. I was overcharged. I did not assault Chris Beniak, much less cause a bodily injury. Beniak claimed that I struck his arm, but a witness stated that I did not strike Beniak - SEE MAY 19   I was wobbly, and unsteady, when he forcefully grabbed my arm with out warning. When I reacted he threw me to the ground, as he had done once before  SEE FEBRUARY 10

According to the Texas Penal Code 2.01 each element of a offense must be proved beyond a reasonable doubt. The offense of Assault Of A Public Servant with bodily injury under the Texas Penal Code 22.01(b)(1) has the elements of bodily injury to a known public servant performing their duty, and causing the bodily injury either intentionally, knowingly, or recklessly- which means doing it on purpose or purposely disregarding a legitimate risk (according to Texas penal code 6.03 ).

I wrote to Richard Alley that a witness spoke to my parents at the apartment (they went to pack up my things), and he told them when the officer grabbed me I flailed but did not strike the officer, who  threw me to the ground. The witness was standing right beside me when this happened. The witness told my parents that I did not strike the officer.

I wrote about the incidents involving the Weatherford Police at my apartment building; including February 10; and May 3; as well as May 7, when I reported the same neighbors for loud noise; and May 9 or 10 when I reported the same neighbors for threatening me in the parking lot as I went to the dumpster. I suggested that these records might be part of a defense. There was a pattern of unfair treatment and bias by the Weatherford Police. This also indicated the type of environment I was living in, which was stressful and hostile.

I repeatedly asked Richard Alley to come see me. I repeatedly asked to know about the evidence against me. I repeatedly asked about the contents of the CD-R.

None of my letters were ever answered.

On August 10, 2011, I received a one sentence notice from Richard Alley's office (twice) with the courts scheduling order:
09/08/11 at 9:00 AM pretrial
10/11/11 at 9:00 AM plea negotiation
10/24/11 at 9:00 AM jury trial
SEE HERE
 

I wrote to Richard Alley that I wanted a Pretrial Hearing. I wrote that I wanted to exercise all of the rights and protections available in the law and that I do not waive the Pretrial Hearing provided by Texas Penal Code Pro Act 28.01- and that I wanted to file motions, including:

request for notice of intent to introduce evidence in the manner required by rule 404(b) Texas Rules Of Evidence;

motion for discovery and inspection for any evidence not included in the open file policy;

motion for production of Brady material, which could be any material that might be helpful to me, especially police dash cam video;

 I wanted to file an election to have the jury assess punishment;

 and to file anything else which might be helpful.

I also asked my parents to go to Mr. Alley's office to tell him I wanted a Pretrial Hearing, to tell him about the witness, and to find out what was going on.  My parents delivered the list of motions I requested.

My parents went back to see the witness to ask for a statement and unbelievably he moved.  I wrote to Richard Alley about the witness moving. I had already written about the witness being right beside me when I was arrested, and his conversation with my parents.

On August 25, 2011, I received a one sentence letter from Richard Alley's office with a copy of an email from Nikki Morton at the D.A.'s office to Richard Alley that the plea had been reduced from 15 years to 6 years.  SEE HERE

When September 8th arrived I prepared to go to the Pretrial Hearing... but nothing happened and I did not go... I continued to write Richard Alley.

I was able to read some case notes about assault of a public servant, and I read that evidence should be presented for the record which refutes that the officer was injured. I read in the Texas Criminal Practice Guide 61.09 and 61.50 about defense use of an expert witness. I wrote to Richard Alley asking him to file for a medical expert to testify about bodily injury, and the lack of any bodily injury. Richard Alley never responded.

On October 4, 2011, I received a letter from Richard Alley's office with a copy of a plea negotiation docket form along with a one sentence reply to everything I had written.  SEE HERE  The prosecutor refused to treat this as a misdemeanor. The plea bargain was 6 years.

In reality the only thing I was possibly guilty of was public intoxication and disorderly conduct.

I asked my parents to go to Richard Alley's office several times. Richard Alley had my parents write a letter of support for me and bring it to his office. The purpose was unclear. I repeatedly made it clear that I was not guilty of a felony and wanted a jury trial. It seems to suggest that the purpose of the letter was to negotiate the worth of the defendant rather than the facts of the case.

I specifically asked in writing, multiple times, for a Pretrial Hearing, as is available by law. I specifically asked for a Brady motion to be filed, for exculpatory evidence (such as the dash cam video, which never appeared); for a motion for notice required under Tex.R.Evid 404(b) for extraneous conduct notice; for a motion for Discovery and Inspection to access all evidence and information not made available by the open file policy; and for any other helpful motions.

I also sent my parents to Richard Alley's office to ask for these. My parents wrote these motions down on paper at our visitation, and went to his office afterward.

I wrote to Richard Alley to file a request for an expert witness, as covered in the Texas Criminal Practice Guide, to provide medical testimony about bodily injury, evidence of bodily injury, lack of evidence, etc.

Richard Alley failed to set the Pretrial Hearing as I repeatedly asked to have as my right under the law.


Richard Alley:

1. FAILED to set the Pretrial Hearing

2. FAILED to file the motion for exculpatory evidence

3. FAILED to file the motion for notice of State's intent to introduce extraneous conduct evidence

4. FAILED to file the motion for Discovery of Evidence   (to access any evidence not released under the open file policy)

5. FAILED to file the motion for an expert to provide testimony.

6. FAILED to interview the witness.

7. FAILED to inform me about the evidence against me.

8  FAILED to answer any of my questions, and FAILED to meet with me as I repeatedly requested.


He failed to prepare any defense, as I made it repeatedly clear that I wanted to exercise my right to a jury trial because I am not guilty.

I never saw Richard Alley who was appointed on May 27, 2011 until...

OCTOBER 11, 2011:   I met Richard Alley for the first time when I was taken to the Parker County Courthouse in Weatherford.  He presented me with a plea bargain to plead guilty for 6 years in the Texas Department of Criminal Justice Institutional Division.  He suggested this was "a good deal". I have never been to a penitentiary anywhere.  And I did not strike Chris Beniak or cause any bodily injury whatsoever to his arm or anything else.

I declined the offer, signing to refuse the plea bargain.  I once again made it clear that I wanted a jury trial, and proceeded to ask questions and for advice.  Richard Alley was cross and short with me, often interrupting.  When I asked about the Pretrial Hearing he simply said, "We are not doing that''

I was told a joke about three people sentenced to death in an electric chair that didn't work, and the third one said, "You know, that would work a lot better if you plugged in that cord"- to suggest that I should not try to participate in my own defense because I would make the outcome worse.  He was clearly annoyed that I did not plea guilty, and had no interest in preparing a defense.  He claimed not to know who the witness standing right beside me during the incident was - the same man who had spoken to my parents when they packed up my apartment.

Alley told me repeatedly that I would lose a trial and receive the maximum of 10 years in prison.

He had no idea about the contents of a CD of evidence the prosecution made available (see letters).

I was dismayed by our meeting, which he had hurried to end.  After he left I realized that he had no interest in providing an adequate defense for me if I did not plea guilty.  I informed the bailiff that I needed to terminate my counsel, so that was scheduled with the court.