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PO Box 1
Boyd, TX 76023
940-399-9922
HYPERLINK "mailto:randy@ruleoflawradio.com" randy@ruleoflawradio.com
FBI
ref: Request for investigation
Greetings:
It appears the Macon County Line runs right through the middle of the Cherokee County Court presided over by the Honorable Judge Craig Fletcher. In Cherokee County, the most dangerous thing you can do is stand up for yourself. Heaven forbid you should stand up for someone else. Judge Fletcher has orchestrated a terror campaign aimed an anyone who would try to fight false criminal charges and, worse, file any sort of criminal action against the City of Jacksonville, where Judge Fletcher lives, or public officials in Cherokee County. Attached is a statement of facts concerning the behavior of the judge. Attached are a number of criminal complaints that have been filed against Judge Fletcher, but he is not concerned. Judge Fletcher knows full well he can do as he pleases, violate any law and no one will do anything to stop him or interfere with the criminal enterprise he oversees.
Question: How would you know if you were in a police state? What would be the indications? What if everyone accused of a crime were convicted without due course or even pretense of the application of law? What if the average conviction rate were, say, 99.6%, would that be considered a police state? What if a country which contained only about 3% of the worlds population were to house some 50% of the worlds population of inmates? Would that be considered a police state? What if the police could do as they pleased with no consideration or concern for consequences, would that be a police state.
If you want to know what a police state looks like just come to Cherokee County, they will show you. David Baugh knows what a police state looks like. He spent over 200 days in jail because he fought a false arrest for failure to identify. Robert Fox also knows what a police state is as he is arrested by Judge Fletcher every time he comes to Fletchers court on a different unfounded allegation for the singular purpose, as stated by City of Jacksonville Chief of Police, to run Fox out of funds so that he would get trapped in jail, which he did. Fox spent over a hundred days in jail with no charges against him.
Now Judge Fletcher is coming after this writer, for the sole reason that I gave a set of criminal complaints to the grand jury in Cherokee County alleging wrongdoing on the part of Judge Fletcher. I have been accused of operating an investigating company. It was alleged that I committed the offense on the 23rd day of March, 2009, which happens to be the day I filed criminal charges against Judge Fletcher and it was Judge Fletcher who singed the document claiming to have found probable cause. This is ironic as I had notified Judge Fletcher, in open court, that I had filed criminal allegations against him for his improper practices in the Robert Fox case. The court Judge was holding at the time was a hearing in the Robert Fox case. Judge Fletcher held that hearing after Robert Fox had filed criminal charges against Judge Fletcher on the 23rd of October, 2008 and subsequently filed a motion to disqualify Judge Fletcher. Judge Fletcher had just refused to act on the motion to disqualify himself, he denied the motion in open court. That was when I rose and addressed the court notifying the court that I had filed criminal complaints against Judge Fletcher that day and he had a duty to stand down from the bench.
This is the reason I have been charged and the reason Judge Fletcher wants me in Cherokee County so that he and his cronies can do to me what they have done to Baugh and Fox.
It is the specific allegation of complainant that, Joe Evans, Craig Caldwell, Criag Fletcher, Donna Dowling, and Cheryl Martin have acted in concert and collusion, one with the other, toward the purpose of denying complainant in complainants first amendment right as a journalist in order to prevent complainant from testifying as a witness to civil rights violations defendants have committed against others.
It is the specific allegation of petitioner that the above acts were committed against petitioner in order to restrict petitioner in his right to free speech and petitioners duty to report crime.
This complaint is being sent to Washington D. C. as Garrett Floyd, special agent who has jurisdiction and responsibility in Cherokee County has been made fully aware of the civil rights violations going on in Cherokee County and has chosen to turn a blind eye.
Issues Presented
The criminal complaint in the instant cause should be dismissed for the following reasons:
The original complaint is insufficient on its face as it alleges no facts in support of a simple allegation;
The information issued by Cherokee County Attorney, Craig Caldwell, has no basis in fact as the criminal affidavit on which the information is based states no facts in support of the allegation;
The information is defective as it was presented by Cherokee County Attorney, Craig Caldwell, who is disqualified by reason of, on the date relator is accused of committing the act of operating an investigating business, relator presented notice eleven criminal acts for which Caldwell is either the primary actor or is criminally culpable, to the grand jury for Cherokee County;
The finding of probable cause is defective as said finding was made by The Honorable Judge Craig Caldwell based on no facts in support of the allegation;
The finding of probable cause is defective as said finding was made by The Honorable Judge Craig Caldwell who is disqualified by reason of, on the date relator is accused of committing the act of operating an investigating business, relator presented notice eleven criminal acts for which Caldwell is either the primary actor or is criminally culpable, to the grand jury for Cherokee County.
Failure to appear complaint filed and warrant issued when defendant had never been arrested on the original allegation.
statement of facts
Complaints to grand jury by petitioner
On the 23rd day of March, 2009, petitioner presented a number of criminal allegations to the Cherokee County Grand Jury. The allegations were presented in an advisory capacity as the criminal affidavits were not signed or verified. It was the intent of petitioner simply to give fair warning to the public officials involved that they could be answering for their behavior before a grand jury. Petitioner also presented a copy of the allegations to Elmer Beckworth, Criminal District Attorney for Cherokee County Texas.
Petitioner charged with crime for reporting crime
Instead of taking the hint, Joe Evans, investigator for the Cherokee County District Attorney, prepared a statement of probable cause accusing petitioner of operating an investigation business without a license. In the statement, instead of the usual I have reason to believe and do believe, Evans stated, That he has personal knowledge of the event as set forth below, then Evans goes on to state the following:
That therefore, to-wit, on or about the 23rd day of March, A.D. 2009, and before the making and filing of this Complaint, in the County of Cherokee and the State of Texas, RANDALL D. KELTON, Defendant, did then and there knowingly act as an investigators company, without holding a license as an investigations company. (see copy titled Cause 50481 attached.)
Petitioner, was notified by Beckworth that the foreman was sending the complaints I had dropped off back to me because,
You need to file the complaints with a policing agency so they can investigate the claims.
I asked Beckworth,
Who told the foreman that.
Beckworth went on to say that I could not waste the grand jurys time with frivolous complaints. I assure him I most certainly could and wanted to know who told the grand jury that.
It was after this phone call that the complaint against me was filed by Evans. So, it would seem to be to position of the district attorney and his investigator, Joe Evans, that it is a crime to investigate crime unless the person is a licensed private investigator or a police officer.
Perplexing paradox
It is the understanding of petitioner that failure to report a felony is a class A misdemeanor in Texas. The complaints petitioner filed included a number of felonies. Petitioner finds himself encompassed in a conundrum. If petitioner comes to knowledge, by way of petitioners profession as a talk radio show host and investigative journalist, petitioner must, by law report said crimes or face prosecution (Section 38.171Texas Penal Code), however, if petitioner makes a statement that is not true, petitioner can be prosecuted for tampering with a government document in violation of Section 37.10 Penal Code or even aggravated perjury Section 37.02 Texas Penal Code. But then, if petitioner investigates into the things petitioner hears on his radio program, petitioner can be prosecuted for acting as an investigators company in violation of Section 1702.388 Texas Code of Professional Conduct.
Evans enters false statement on government record
On the 27th day of April, 2009, Joe Evans entered a statement on a government document to-wit, a statement of probable cause. Evans failed to state any facts in support of the allegations as Evans knew the statement to be untrue and intended it be taken as true, in direct violation of Section 37.10 Texas Penal Code.
Evans perjures himself to prosecutor
Evans then presented said document to the Cherokee County Attorney, Craig Caldwell, who verified Evans affirmation of the truth of said document. Therefore, petitioner alleges that, Joe Evans swore under oath to a material fact he knew to be untrue in violation of Section 37.02 Texas Penal Code. It is further alleged by petitioner that Evans committed the act of testilying with an evil mind toward the bad purpose of subjecting petitioner to the denial of the due course of the laws.
Evans tampering with witness
It is further alleged that Evans criminal acts were perpetrated to the detriment of petitioner toward the purpose of tampering with petitioner as a witness against criminal violators of the law in violation of Section 36.05 Texas Penal code, in order to shield the accused from prosecution in violation of Section 38.05 Texas Penal Code, which would have the effect of obstructing justice in violation of Section 36.06 Texas Penal Code.
Caldwell acting in concert and collusion
On the 27th day of April, 2009, Cherokee County Attorney , Craig Caldwell, acting in concert and collusion with Joe Evans, prepared an information accusing petitioner of operating an investigation company without a license and presented said information to County Judge Craig Fletcher. Neither may it be construed that Caldwell was unaware that the allegation alleged no facts that would constitute the commission of the statute. While a criminal complaint can be made on hearsay, it cannot be made on nothing more than the mere allegation. As there were no facts alleged in support of the allegation, therefore, the statement of Evans was clearly insufficient on its face.
Caldwell, being learned counsel, can hardly be construed to be unaware that, petitioner had filed eleven criminal complaints against Caldwell on the very date that petitioner was being accused of operating said investigating company, as petitioner notified both Caldwell and Fletcher, in open court, of the filings.
By filing the false information, Caldwell suborned the perjury by Evans and put a false statement on an information in order to subject petitioner to a malicious prosecution. Therefore, it is the allegation of petitioner that Caldwell conspired with Evans, in violation of Section 15.02 Texas Penal Code, to commit the crimes of perjury, subornation of perjury, tampering with a government document, shielding from prosecution, tampering with a witness and obstruction of justice.
Judge Caldwell acted in concert and collusion
Upon the submission of the complaint and information to County Judge Craig Fletcher, Fletcher immediately issued a finding of probable cause and prepared an order in accordance with Article 16.17 Texas Code of Criminal Procedure (see copy attached), knowing that petitioner had, that very day, filed eleven criminal complaints with the grand jury against Fletcher. Fletcher is also learned counsel, therefore, it can hardly be construed he was unaware that the allegation was insufficient on its face, and even if it were not, Fletcher was disqualified as a matter of law from attempting to act as a neutral magistrate.
Fletcher found probable cause to believe petitioner had committed a crime and prepared a warrant accusing for the arrest of petitioner. The statement by Evans, being the only evidence before the court, contained no allegations of facts and was, therefore, insufficient on its face to support a finding of probable cause.
It is the allegation that the preparation of the warrant by Fletcher was an act of criminal conspiracy, in concert and collusion with others in the crimes of subordination of perjury, tampering with a government document, tampering with a witness, obstruction of justice, and shielding from prosecution.
Deputy clerk issues illegal warrant
It is the further allegation of petitioner that, on the 27th day of April, 2009, Cherokee County Deputy Clerk, Donna Dowling, prepared a warrant for the arrest of petitioner. It has been held by the courts that, while a district clerk in Texas may prepare a warrant for the arrest of a citizen, a county clerk may not as, in the case of a misdemeanor, a warrant may only be prepared by a magistrate after an examining trial. Petitioner, therefore, alleges that Donna Dowling, on or about the 27th day of April, 2009, impersonated a public official by the preparation of a warrant while acting under color of a non-existent authority, in violation of Section 37.11 Texas Penal Code.
Court coordinator simulated a legal process
It is alleged that Cherokee County Court Coordinator, Cheryl Martin, prepared and mailed to petitioner a notice ordering petitioner to appear at the Cherokee County Court on the 17th day of June, 2009. As no criminal allegation had ever been properly made against petitioner, it is the allegation of petitioner that the aforementioned order to appear in Cherokee County was a simulated legal process, in violation of Section 32.48 Texas Penal Code, mailed as a predicate act in an attempt to coerce petitioner to bring himself to Cherokee County where petitioner could be subjected to an ongoing criminal conspiracy perpetrated by public officials in Cherokee County to intimidate witnesses in any matter where any person who attempts to act as a witness in improper acts by Cherokee County public officials results in an orchestrated policy of false arrest, false imprisonment, physical abuse, malicious prosecution, as well as liable and slander intended to prevent anyone from acting in defense of their statutory or constitutional rights or the rights of others in violation of Section 71.01 Texas Penal Code.
Failure to appear charge falsely made
Relator received, through the mail, a notice to appear for an arraignment hearing in Cherokee County and the County Court. The notice to appear was the first indication relator had that a complaint had been filed against relator. Relator sent a friend to retrieve the charging information from the court and found that the original complaint was insufficient on its face and the warrant had been issued by a court clerk instead of a magistrate. Therefore, the warrant was insufficient to invoke the subject matter jurisdiction of the court. Relator refused to take the risk of placing himself in the hands of obvious criminals so relator refused to appear at the time demanded by the court. Instead, relator turned himself in to a magistrate in Denton County dto Justice of Peace, J.W. Hand, and demanded an examining trial, which Judge Hand agreed to provide. At the examining trial, relator requested a continuance to allow time to attach witnesses and to secure a prosecutor for the state. Judge Hand set relator to bail and continued the examining trial until the 15th day of July, 2009.
In the 19th day of June, 2009 relator called Cherokee County Attorney, Craig Caldwell and apologized for not attending the party planed for him by Caldwell and informed Caldwell of the impending examining trial at which his presence would be appreciated. Relator also asked if a warrant for failure to appear had been issued and if it had would he please forward same to Judge J.W. Hand in Roanoke, Texas.
Caldwell claimed that he did not know if a warrant had been issued but agreed to check and see. Caldwell checked alright, he had one issued that day.
__________________
Randall D. Kelton
PO Box 1
Boyd, TX 76023
940-399-9922
FBI Investigation Request
PAGE \* MERGEFORMAT 1 of NUMPAGES \* MERGEFORMAT 8
Jurat
By the signing herein, I ______________________ do swear on my oath that all statements and all facts alleged are true and correct to the best of my knowledge and belief so help me. Signed: ____________________
Signed and sworn before me __________________________________, on the _____ day of __________________, 2009.
Notary Signature: ____________________________________
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