аЯрЁБс>ўџ ;=ўџџџ:џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅС7 №П /bjbjUU "<7|7|э*џџџџџџl˜˜˜˜˜˜˜Ќ8R ^Ќ Ж††(ЎЎЎЎЎЎŒŽŽŽŽŽŽ$У уjВ˜ЎЎЎЎЎВ>˜˜ЎЎЧ>>>Ў.˜Ў˜ЎŒ>ЎŒ>N>Œ˜˜ŒЎz цыZмЦЌnм.ŒŒн0 ŒM 4MŒ>ЌЌ˜˜˜˜йRandall D. Kelton 1890 S. Main Cleburne, TX 76033 904-399-9922 September 19, 2006 Paul Keeton C/o Lisa Wyatt, Assistant District Attorney 204 S. Buffalo, suite 209 Cleburne, Texas 76033 Ref: Criminal Complaint Against Dale Hana Dear Mr. Isom: I realize this presentment may strike you as strange and somewhat out of the ordinary as grand juries commonly come by complaints through prosecutors. While this procedure may seem unusual, I assure you this practice is as our founders intended. This practice, however rare it may have become, is the singular reason for the existence of grand juries. As a grand jury member you were not put here, primarily to rule on the sufficiency of allegations. Your primary purpose is to protect us all from the abuse of powers by public officials and the current complaint goes directly to the heart of this primary purpose. It recently was that grand juries regularly met in open court to provide access by the public, a place where people could come a make allegations known directly to the grand jury, a place where public officials were excluded from interfering or intervening in public interaction between the grand jury and the public they are intended to protect. Of recent times, prosecutors and judges have so organized practices and procedures such that grand jury members never come to knowledge of those past open access practices. It is not that you have been misled; just that you have never been apprised of the propriety of other avenues of access. I don’t think prosecutors have become so arrogant they would lie to you and claim you can only take complaints from them, but they certainly make sure practices are so arranged that any other avenue will carry the implication of impropriety by its omission from your orientation. This document contains a single complaint along with a number of associated accusations. It is against the prosecuting attorney, Dale Hana, and goes to the heart of a standing problem. Judges and prosecutors have long been trying to nullify petit and grand juries as they feel these impinge upon and restrict their official authority. Judges and prosecutors are, after all, learned counsel and it is they who try and rule on cases. For judges to stand subject to petit juries pre-empting them in determinations of both fact and law is an imposition and limitation they naturally resent. For prosecutors to be shackled with the arduous process of selecting, petitioning, and being held subject to the decisions of grand juries before they can proceed with a felony prosecution, they consider a wholly unnecessary imposition. If you consider the prosecutors arguments solely from his perspective, his position appears to have the merit of a rational argument based on reasonable premise. After all, he is learned counsel and grand jury members, for the most part, are not. It is he who has the responsibility of preparing and prosecuting the cause, so it should be he who makes the considered determination as to whether or not a prosecution should proceed. In spite of the rational sounding logic, I would remind you, logic is not truth, it merely has the ring of truth and, therefore, is the first refuge of the scoundrel (not my quote, but I am indebted to whoever it was that coined that line). For all that it sounds reasonable, the above logic is specious, based on false premise, made false and distorted by omission of pertinent considerations. Our founders understood only too well the influences affecting prosecutors. In spite of the high minded rhetoric codified into the Texas Code of Criminal Procedure, where Article 2.01 insists it shall be the primary duty of the prosecuting attorney, not to secure conviction, but to insure that justice is served, our founders understood how, in the real world, prosecutors are motivated by other considerations. In the real world, while prosecutors may have an interest in the service of justice, they are under constant pressure to clear dockets, to keep their conviction rate high, and save the State the cost of lengthy trials that may not result in a conviction. Our founders and constitutional framers well understood the tendency toward talking the talk while treading the simplest path to real world goals. In the fullness of that understanding they put grand juries in place for the singular purpose of protecting the public from potential prosecutorial excess. Our founders put grand juries in place for the specific purpose of initiating prosecutions after deciding rather or not a person should have to stand to answer for an infamous allegation. They insisted on grand juries of the public’s peers, not peers of public officials. It was their clear intent that prosecutors not wield this power. Our founders specifically forbade them by statute. They also put neutral judges in place to dismiss prosecutions after specifically forbidding prosecutors the authority to do so. This also, our founders specifically forbad by statute. The complaint attached and included statement of probable cause, demonstrate how prosecutors have managed to circumvent these concerns and nullified the carefully crafted statutorial stipulations. I demonstrate how prosecutors, acting in their capacity as learned counsel, while fulfilling their requirement to render legal advise to the police and lower courts, through a series of seemingly minor adjustments toward administrative convenience and adjudicative expediency, have created a situation where there is no justice. People accused of crime are routinely denied most every constitutional and due course of law right they have and are put in a position such that they have little reasonable alternative to taking “the deal.” While I will not accuse Mr. Hana of orchestrating all this mess, I will accuse him of perpetuating the problem by promoting improper procedures permeating every process in the practice of criminal prosecution. I will make a case for indicting Dale Hana for his personal participation in the problem. I move against Mr. Hana, not because I have any axe to grind against him. I have never personally met Mr. Hana; he has never prosecuted me; neither has he or his office prosecuted anyone I personally know; nor do I have any criminal allegations pending against me anywhere, not even a traffic ticket. Mr. Hana’s office, through my interactions with Assistant District Attorney, Lisa Wyatt, has been more then professional and cooperative. The complaint here filed has been so strictly to right a civil wrong. That I must make this compliant against Mr. Hana, specifically, in order in invoke the law in the matter is unfortunate, but I have been able to find no other path to a solution not vigorously blocked by the public officials whose duty it is to act in these matters. Certainly, the effect this may have on Mr. Hana is a concern; it cannot, however, become a consideration as the law, and justice, is far more important me, you, or Mr. Hana. We may not subverted law toward considerations of personal compassion or professional convience, as this type of behavior is exactly the cause of the current condition. I do not and will not assert that Mr. Hana in intentionally mistreating anyone, only that, by accepting and perpetuating improper policies and practices, he is criminally culpable for the acts he personally commits, and those by others under his counsel and direction. I will, by this document, maintain and demonstrate how, Mr. Hana, by refusing to perform a duty strictly enjoined on him by statute, keeps the door open to the perpetration of horrendous wrongs wrought by otherwise well-meaning public officials in the ill-advised belief they are following law. As a result of the current practices, the police have come consider the public as an enemy in a false war on crime. I have been to war and can assure you, this is not one. The public have come to distrust the courts, fear their police and it all has its point of origin in a seemingly insignificant oversight on the part of prosecutors. By refusing to abide by the duty imposed by Article 2.03 Texas Code of Criminal Procedure, prosecutors have eliminated grand juries as a standing check to the abuse of official powers. Prosecutors refuse to present complaints against public officials to you, the grand jury, consequently public officials can virtually do as they please with no concern or consideration of retribution or legal consequence. I will not ask that you indict Mr. Hana from anger or avarice, but from the will to set things to right. I allege a very specific violation of particular law. I can find no legal justification for Mr. Hana’s refusal to perform his duty under Article 2.03. Rather or not you like, trust, or respect Mr. Hana, you must indict him and give him opportunity to show cause as to why he refused to perform his duty. An indictment certainly does not mean conviction, but it does mean Mr. Hana will be charged with the duty of showing cause for his actions in open court. By forcing Mr. Hana to explain this particular failure could change everything in Texas. I certainly have no wish to have perfectly honest and well-meaning public officials indicted for mistakes they make in office. But, at some point we have to scream foul. We must act like the sovereign citizens each of us are and demand our public officials obey our laws, especially when they enforce our laws against us. I have now desire to have these people indicted. It will be enough that they have to consider the very real prospect of being charged with explaining their behavior to you, instead of simply to their bosses who may have advised them improperly in the first place. Consider the situation where a public official is advised to act in a way he or she has reason to believe is unjust or outside the strict confines of law, or just in a bad mood or frustrated and considers acting on his or her personal passions. If that official has to consider the prospect of explaining his or her actions to you, the grand jury, such will temper otherwise unchecked passions; such will give them pause to caution. It will change everything and re-establish the checks to the balance of power intended by our founders and codified into the body of our law. If you will give me opportunity to testify before you, I will demonstrate how, as currently practiced in the State of Texas, and more specifically Johnson County, most every step from arrest to trial is not only wrong, it is very specifically against particular law. I will further demonstrate how each of these improper steps works to aide the prosecutor in his quest to squeeze a plea bargain from every person accused of crime, without regard to guilt or innocence. I will also demonstrate how Mr. Hana did not create this horrendous situation, but how he perpetuates it. Respectfully, _______________ Randall D. Kelton  PAGE 1 of  NUMPAGES 4 ?Њѓэ.ю.є.ѕ.і.ї.ћ.ќ./// / / /њіътъеътътъеъЯ 5CJ\0J5CJ\mHnHu0J5CJ\j0J5CJU\6] 5CJ$\2?XYe‘ЋСТьэќ§klw x LM’“d§јјјііііііієіііііііііііііііі$a$э. /ўўdeЇЈˆ‰ИЙшщ! " Y"Z"Џ#А#J%K%щ&ъ&р'с'1*2*3*u,v,Й.К.Л.§§§§§§§§§§§§§§§§§§§§§§§§§§§§§Л.Ъ.Ы.л.э. / / / /§§§§ј§§§$a$ 1hАа/ Ар=!А "А #№$€%А i8@ёџ8 NormalCJ_HaJmH sH tH <`< Heading 1$$@&a$ 5CJ\<A@ђџЁ< Default Paragraph Font,@ђ, Header  ЦрР!, @, Footer  ЦрР!&)@Ђ& Page Number.>`". 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Kelton\Application Data\Microsoft\Word\AutoRecovery save of Grand Jury Intro Ltr.asdRandall D. KeltonyC:\Documents and Settings\Randall D. Kelton\Application Data\Microsoft\Word\AutoRecovery save of Grand Jury Intro Ltr.asdRandall D. Kelton+C:\Data\Johnson Co\Grand Jury Intro Ltr.docRandall D. Kelton+C:\Data\Johnson Co\Grand Jury Intro Ltr.docRandall D. Kelton+C:\Data\Johnson Co\Grand Jury Intro Ltr.docџ@€dd  dd +0@џџUnknownџџџџџџџџџџџџG‡: џTimes New Roman5€Symbol3& ‡: џArial"qˆ№аh„ЉЦ ›ЉF›ЉF e5e#K!№ №ДД20w+2ƒ№џџ~I realize this may seem our of the ordinary as you normally receive complaints and allegations from the prosecuting attorney, Randall D. KeltonRandall D. Keltonўџр…ŸђљOhЋ‘+'Гй0˜ (4P\h| ˜Є Р Ь и ф№јфI realize this may seem our of the ordinary as you normally receive complaints and allegations from the prosecuting attorney,  reRandall D. Kelton sandand Normal.dotKRandall D. 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