Robbery Of Freedom:the Ultimate Injustice

You are being told my tale in the most truthful and factual manner possible. Over the years, I've felt the need to "defend" certain things, but as absurd as it may sound, I've learned that the best course of action is to simply state the truth and move on.

After my release on April 10, 2001, my pursuit of justice has only gotten stronger. I am a victim of small-town politics, where people have encountered minimal opposition when going outside the law to do things their own way. In reality, I am the first person to ever publicly criticise the Bullock County, Alabama (City of Union Springs) state court for its malfeasance and flagrant miscarriage of justice.I believe I must begin by outlining the circumstances that lead to the planned fabrication of a lie and malicious charge against me. John Will Waters, my accuser, is a powerful drug lord who I was never permitted to confront in court.

He runs his business from that small village, but he also has contacts in Colombia, in South America. I'm a victim of small-town politics, where people have gotten away with breaking the law and doing things their way with little to no protest. In reality, I am the only person to ever sue the Bullock County state court in Union Springs, Alabama for wrongdoing and egregious miscarriage of justice. I believe that I must begin by outlining the circumstances that gave rise to the planned deception and malicious charge that were used against me. John Will Waters, the person who accused me, is a powerful drug kingpin who I was never allowed to face in court.

His reach extends to Colombia in South America, although operating out of that small village.My father quickly sold off a sizable stock of tyres to raise $10,000.
He made a $10,000 payment to the bank to cover the arrearage along with a couple instalments in advance to demonstrate his good faith.
All attempts to appease the bank were rejected, with the exception of the $50,000 needed to fully repay the loan. The $50,000 was successfully raised by my parents. My dad visited the bank the day before the planned foreclosure to pay off the loan. The President greeted them with a cold demeanour. He claimed he was unable to take it.

They were instructed to return home and wait for his call. He spoke with the bank's board member who also served as the foreclosure lawyer (conflict of interest).I told him to stay in his rapacious drug world and to stop attempting to harm those who are just trying to make a life. I informed him that his drug use had already damaged enough lives. Just wanted to get it off my chest, that's all.

April 24, 1996 saw the passage of the anti-terrorism statute, and sixteen months later, in June 1996, I was accused of "stalking" John Will Waters.
I was EX POST FACTO prosecuted with stalking under that law six weeks later. Only "stalking" was included in the arrest warrant. He wasn't identified on it. Since I hadn't been stalking anyone, I recognised that this was strange. Even now, I have no idea how to. I was accused at a period when I didn't own a car or had a phone. I worked at the tyre company, lived across the street from my parents, and spent the most of my free time at home.

So the questions of who, what, when, and where remained. I discovered it was John W. Waters at the time I signed on my own recognisance. There was no doubt that this was a malicious prosecution plot. Waters was pursuing a destructive strategy as she charged the Brabham family with a vengeance. Whigham, the D.A., was a friend of his. For this and other shady work Whigham had done for him, he gave him a beach property in Panama City for $1,000,000 as payment (i.e., not prosecuting his drug cronies).

CASE BEGINS!

My mother, who was fully aware of my complete innocence, came with me to court. I was represented by one of their chosen lawyers (so called).
He never spoke up for me, supported my decision to confess, and I didn't have a conversation with him for even five minutes before the court session adjourned.
We were led into a back room and subjected to the harshest coercion to enter a guilty plea. Six men were present with us. The coercion was carried out by the JUDGE!

There were D.A. Whigham, the foreclosure lawyer, Rutland, 2 DEA officers, and a member of the Alabama Bureau of Investigations. I had contacted the ABI to denounce the drug trade and other acts of corruption. He had violated every piece of personal information I had given him, information that they have killed people (and there have been a few!) over, and was there to intensify the coercion.

(Examples given at the conclusion of the story.)
I couldn't comprehend a word the judge, Robertson, was saying as he spat, hissed, and spewed venom at me.
He reiterated to me what I had already said to the ABI. I simply sat there in utter disbelief at what had been spoken. When I would glance at my lawyer, he would just shrug and never say anything. Orvie Locklar, a DEA agent, raised the prospect of the death penalty. My parents believed he had been a friend for all of their lives. One can only fathom the utter misery of that experience Although I had no prior court experience, we were well aware of what they were capable of.

After the bug-eyed, flushed judge returned to the bench, my mother and I had a private conversation. He had shouted the loudest he could! Because she was aware of how terrible the death penalty might be, my mother started crying at the mere mention of it. The appointed attorney advised me that it would be best to enter a guilty plea because there would be little to no impact on my nursing licence. Where is Waters? Let's get him in here and expose this lie, I kept saying. This type of case, according to the lawyer, did not require his presence.

He was absolutely correct; the railroading was going to happen regardless of the facts.
Of course, none of this was supported by any facts at all.I mentioned several times in the transcript of my court appearance that I did not want to admit guilt to any wrongdoing. "Trying the case" was mentioned by the DA. The judge would respond, "Yeah, let's give it a shot; you'll see what you get after that."
After being severely abused by them all day, I pleaded "guilty, I guess" knowing that I might still be on death row.
I was arrested right away, and my appeal was turned down.

My mother was informed by their appointed attorney that if an appeal was granted, it would demonstrate that he provided insufficient legal representation.
He gave exactly that, according to what my mother instructed him. With no bond and no chance to appeal, I was detained for 17 days. My parents hired a lawyer, and he spoke with the judge. In July 1996, Judge Robertson put the sentence on hold. I was supposed to start a treatment plan. (completely unconnected to an accusation of stalking). I submitted applications to one or two of them, but I was only accepted to one. I declined to inform the court of my decision. I simply returned home and began my daily activities. I ran away from them and hid, but nothing else happened. In October 1996, Judge Robertson was forced to resign.

He had stolen thousands of dollars from the County and had a cocaine addiction. Judge Gaither was appointed. To put an end to the case, he approved a 28-day treatment plan in April 1997. I finished it effectively, and he put an end to his statement. He was aware of corruption as the cause. He entered a mess to clean it up because he was an upright judge. Judge Gaither made it clear to the villagers that he would follow the law and that his goal was not to enrich anyone. THE CASE WAS OVER THERE, MAY 1997. He was obviously not well liked by the DA or other members of the court.

The people helped Burt Smithart win election as a judge in January 1999 so that he could be their puppet.
He is quite young and obeys the DA's instructions In March 1999, I was detained for misdemeanour public intoxication 100 yards from my home. Municipal Court made its decision, the fee was paid, and one year of probation was mandated. I received a summons to court from the D.A. Whigham eight days later. He stated he wanted the stalking accusation dropped.

He was aware that it had ended two years ago. On April 2, 1999, I received a summons to court for the revocation of my probation due to stalking. Since the matter had already run its course, Judge Gaither had sworn in an affidavit that there was no probation to revoke. Judge Smithart disregarded Judge Gaither, so I was detained there for a week before being transported to prison.

I was actually given a new sentence on an old case. Nothing was done on my behalf despite my family visiting the Attorney General's office and speaking with one of his assistants. Judge Gaither gave sworn testimony at a hearing in August 1999 that the case had ended and that he had not imposed any probation.
The D. A. Whigham lied about his testimony. In October 1999, I submitted a state habeas corpus, but it has been disregarded ever since. In November 1999, I filed a federal habeas corpus John Carroll, the magistrate judge, turned it into a serious matter. He sent two court orders and two orders for me to respond in writing.

 In June 2001, he gave his notice as a magistrate judge. The case was dropped in August 2001 by the magistrate judge who was assigned to it due to the passage of time. Unquestionably, there was a weisel among the pile of wood. I had filed my case inside the required one-year statute of limitations and double jeopardy stands alone as a unique concept. An "out of statute of time" dismissal is made summarily, and this case had been pending for more than 2.5 years!  was summoned back to the court in January 2001 for probation review. On April 10, 2001, this double jeopardy was supposed to stop.

If I elected to accept the probation, Judge Smithart stated he would order 3 years instead of the DA's sought 5 years. You have until April 10, 2001 to finish the sentence, or you can choose probation, the judge said. The person has the unrestricted freedom to choose whether to serve out a sentence in prison or on probation, according to the legislation. Knowing there was animosity for myself and my family, I made the decision to go back to 'hell' and end my relationship with them. My discharge date was April 10, 2001.

The judge called my mother at her home late one night on April 13, 2001. She was instructed by him to let me know that I would be on probation for a year. She questioned why, saying she believed I had come back to avoid probation. He hung up the phone after apologising for his error. I called the court clerk and asked for a probation order. One was sent to me in the mail. I once more claimed double jeopardy in a new habeas corpus that I filed in Federal Court. On April 2, 2001, Judge Smithart delivered the second sentence in the closed case. At that sentencing, neither I nor a representative were present.

On April 13, 2002, the third sentence for the same case was delivered, and I was neither present nor represented.The second sentence in the same case, which cost me two years of my life, was just appealed by me to the Federal Court. Federal District Court rejected it. That order was overturned by the Federal Circuit Court, which sent it back to the Federal District Court for a complete remand. The Federal District Court is still holding an evidentiary hearing on the third sentence for the same case, the probation granted in April 2001. They instructed me to obtain each witness' affidavit, each witness' testimony, and the judge's affidavit concluding the 1997 case. That's where it stands right now.

The expired case's second and third sentences are now being examined as separate matters in Federal Court.
In three years, there were three judges. (MY remarks. District Attorney Whigham was present when the three were in power and was aware of the facts. He is the primary offender. The town needs relief badly, and hopefully this exposure will provide it. Sincerely, Barbara Brabham We welcome any and all inquiries and remarks! Beverly's email address is beverlybrabham@direcway.com.

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