SIGN BEVERLY's
GUESTBOOK




VIEW GUESTBOOK

Absolute DOUBLE JEOPARDY

WRONGFULLY CONVICTED AND IMPRISONED IN ALABAMA

WRONGFULLY CONVICTED AND IMPRISONED IN ALABAMA

ROBBERY OF FREEDOM:
The Ultimate Injustice


Dad Mary Bev Bill Bob Mom
Not pictured: Betsy & Dixie
(: THROUGH THICK AND THIN! :)


Since my release from
ILLEGAL IMPRISONMENT
on April 10,2001, my quest for justice has only gained momentum.

I am the victim of small town politics where the locals have met very little resistance in doing things their own way, regardless of
the law.

I feel that I must preface my story with events that led up to the conspired, bogus lie, and malicious accusation against me.

In June 1996, I was served with an arrest warrant for
stalking John W. Waters by Sheriff Pete Cole
of the Sheriff's Department of Bullock County,
City of Union Springs, Alabama.
My father and I were at his place of business
working when Cole arrived.
I had no idea what it involved and told my father
that something was suspicious about it.
My father told him to "get that mess out of here,
anything concerning that courthouse ."
I even thought myself, what are they up to now?

I walked over to the sheriff's office
after work and signed a $5,000 bond,
still not knowing what it was all about.
I had not had any legal trouble with anyone,
I was just baffled by this 'out of the blue' charge.

I grew up in Union Springs, Alabama.
My parents, grandparents, and great grandparents
had also lived there all of their lives.
My life was happy growing up with my 5 brothers
and sisters. I thought many times back then that
there was truly no place like home.
Even the name, Union Springs,
sounded so pleasant to hear.

After graduating from high school in 1973,
I attended Greenville Technical College
in Greenville, South Carolina and became a Registered Nurse.
I continued my education
at the University of So. Carolina
in a related field of Nursing,
where I graduated with a B. S. Degree in Psychology.

I was married for a number of years and have one child.

In 1990, I moved back to Alabama
and continued working as a Registered Nurse.
I worked for almost 2 years
at the hospital in Bullock County,
where I was born, and where the doctor
who delivered me was still practicing Medicine.

Illegal drugs have always been a major problem
in Bullock County, as is true for most
areas and states today.
I did not like what I was beginning to see,
the growing drug industry, and also the sick
suffering addicts that it was producing.

My uncle, who worked closely with John W. Waters,
claimed that Waters supplies the money
for a large portion of the drugs that are smuggled
into Bullock County. As proof, my uncle
became involved in the business with JW Waters
for the greed of the fast easy money,
and he made it no secret that JW Waters
was the money-man behind the drugs.
My Uncle Bubber Harden took the 'rap'
for several dealers, and after exhausting
his last appeal to no avail, he mysteriously died
suddenly in prison. He could have talked and walked.

My thinking was that if the king pins
of the drug business were arrested and removed,
then the 'nickel and dimers' would not have access
to the drugs, and that many lives
would be saved from tragedy as a result.

My nightmare began when I took action
to help remedy the drug situation in my home
town. The law is not where one wants to go
to report crime or corruption in that town.
I was once told by the Chief of Police
that if I called to report another crack dealers'
house, that he was going to 'put me in jail'.

I contacted the FBI, the drug enforcement task
(which two members live in Union Springs
and their primary income is from the drug sales), and the ABI.

In June 1996 when summoned to court for stalking
JW Waters, the ABI agent, Mr Arrington,
whom I had spoken with two or three times,
was there in the back room
as part of the coercion of a guilty plea.
He had breached my confidentiality in him,
and had told D. A. Whigham, Judge Robertson, and other members
of the court everything I had confided in him.
This was evidenced by his presence in the back room
where the severe coercion occurred.
The ABI man never spoke a word
while in the room, however, once when the
Judge blurted out that I had 'called JW Waters
a murderer', he looked at the ABI man.
Mr. Arrington knodded in agreement.
I had only told the ABI agent that my family
was highly suspicious of the possibility that JW Waters
may have been involved in my Uncle's death.
Other angry statements were made by the judge
alluding to confidential information given only to
Mr. Arrington during my conversations with him.

All in the same day on June 14, 1996,
I was charged with stalking the king pin,
coerced into a guilty plea, sentenced to three,
split to serve two years, jailed, and
denied an appeal bond.

I was charged Ex Post Facto under the
April 24, 1996 Anti-Terrorism Act, however the conspired accusation
of "stalking" was to have been done prior to that
Act being passed by Congress.
A sentence under this act can carry the death penalty.

That is how the threat of a sentence
to death was used to coerce a guilty plea.
I never stalked that male a day in my life.
I have certainly never associated with
him, as he is approaching 80 years old.

I had an appointed attorney, Johnny Hagood,
from the same camp the court members are from.
They are all one and of the same, and stand
to get booted from the click if they dare resist
any tactics or conspired plans
to harm those of their choosing.

Needless to say, I received ineffective assistance
of counsel. Hagood never spoke one word on my behalf,
as the transcript would reveal. An example
of his representation (not defense) was
that I asked to face my accuser, JW Waters.
Hagood stated that "this was not one of those kind of cases
where he would need to be there."
I just didn't know then what I know now,
or things would have been very different.

The Judge ordered that I be drug tested.
How ironic, because this whole ordeal was over
being made a political prisoner because I spoke
against their drug business. Hagood walked down stairs
with me to be tested. He was whispering and talking
with the officer who was to test me for drugs.
Before the urine could hardly hit the testing field,
she started say that it was positive for Cocaine,
then for marijuana.
I was furious.
I stood up and demanded a blood test.
The Hospital was across the street
and I said to my mother, let's go over there. I'm having a blood test.
Then the tester said she'd re-test it,
that she may have used some outdated chemicals.
I retrieved the same urine from the nearby trash
can where it had been recapped and thrown.
She tested it and allowed that one to be negative.

When Hagood reported the results to the Judge,
he did not want me to go with him.
By this time, it had become apparent
as to why Mr. Hagood was appointed.
He was adamant about not wanting
me to approach the bench with him to report the test
results to the judge, he had stated that
this was not a case where my accuser needed to be present, and
he only urged a guilty plea from me,
without out discussing any options.
In retrospect, I truly believe that he was there
to assist in D. A. Whgham's desired results,
which were vindictive motives to bring
deliberate harm to me. Hagood was
there for representation only. He certainly
did not offer any defense to the bogus lie.

My experience with the justice system
has taught me that truth is not necessarily required
when these actions seem to have contributed
to the conspiracy to deliberately harm me
for the exposure of their filth.

On July 23, 1996, Robertson, the sentencing Judge,
suspended the sentence, and I was to enter
a treatment program. When admission attempts failed,
I just went home and went on with my life.
In October 1996, Judge Robertson was forced to resign
from office due to his alcohol and drug addiction.
Alabama Governor Fob James appointed Judge Tommy Gaither
to fulfill his remaining 3 1/2 year term.
In April 1997, I was charged with a Public Intoxication
and was taken before Judge Gaither.
I had not completed the treatment program.
He ordered that the sentence remain suspended pending the
completion of a treatment program.
On May 23, 1997 the program was successfully
completed. The Judge was notified,
and he chose not to call me back to court for any
further orders, as his terms of the suspended sentence were met.
He has written two Affidavits stating that the sentence ended at the completion
of the program and that he did not order
any probation on the case. The nightmare of the
wrongful conviction was over.

Judge Gaither was removed from office when
Judge Smithart was put in office in January 1999.
DA Boyd Whigham had many problems with Judge Gaither,
because Judge Gaither was by the book of the law.
DA Boyd Whigham was part of the initial
conspiracy against me, so he used this misdemeanor public intoxication,
adjudicated by the Municipal Court judge, to have Judge Smithart re-sentence
me on the expired stalking case.
There was no reasoning with Smithart, for he is a puppet
in a black robe and does as he is told to do.

In March 1999, two years later,
I was charged with Public Intoxication,
100 yards from my home. I was imprisoned
in April 1999 until April 2001.

Judge Gaither appeared at a hearing in August 1999
and swore under oath to Smithart that there was no probation
to revoke on the case. Judge Smithart lied about Judge Gaither's
testimony in his order, and that prompted
Judge Gaither's second Affidavit to clear
himself of the lie. Judge Gaither has indicated
that he will testify in Federal Court as to the truth
that there was no probation to revoke.

In January 2001, Judge smithart called
a hearing to offer me 3 years probation for an early
release of 2 1/2 months. I declined
their probation and returned to prison for the last
78 days of the illegal sentence. I was
told at the hearing that, if I stayed until the end of
the "probation revocation" that it was all over,
no papers, ended. (By law, a person
has the unfettered right to complete a sentence
incarcerated and to decline probation.)

Upon my release on April 10, 2001,
Judge Smithart phoned my mother at home
one night and told her to give me the message that
I would be on probation for one year.

That was the third sentence on the same case.
My mother asked what he meant by that,
and she reminded him of the court hearing in January 2001.
He was rude, saying he wasn't going
to argue with her and hung up the phone.

I was not present when sentenced
these last two times, nor was I represented.
I never faced my accuser; due process
of the law violated, double jeopardy twice,
and denied equal protection of the law.

False, illegal imprisonment
is a helpless horrible crime these court
commit against people, because they can.

The second sentence (the 2 years
of illegal imprisonment) was still pending
in Federal Court at that time.

In November 1996, I filed for Habeas Corpus
relief in Federal Court, 7 months into the
incarceration. In August 2001, it was dismissed
as being out of the statute of time.
That's not true for there is a
one year statute for filing a Habeas Corpus
in Federal Court. That is just a further
indication of how rampant injustice is and how
out of control the court system
is in Alabama, even in the Federal Court.

The Habeas Corpus that I filed in March 2002
is still pending. I submitted clear and
convincing records of my allegations
of the second double jeopardy,
yet Judge Myron Thompson has failed to act upon it.

My life will never be the same again.
In 1996 my belief in our system was shattered,
not just in Alabama but the whole United States.
I have been in pursuit of justice,
all to no avail, since I first filed in Federal
court in November 1999. The corruption and injustice
against me originated in Bullock County,
(Union Springs) Alabama, but the arm of corruption is far reaching.
There seems to be a networking of the members
of our court systems where the bond
is impermeable, and meeting the ends of justice
seems to almost be secondary.

CONCLUSION

I was literally made a political prisoner
by and through the conspiracy of DA Boyd Whigham
and the accuser I never faced, JW Waters
of Bullock County, Alabama.
There was absolutely no evidence to support a conviction,
as the stalking never occurred.
This was an attempt to quieten my efforts
to expose their filth and corruption.

I have now received 3 sentences for the same conspired lie.

The only justice I may ever see in any
of it is the fact that I know that they
know the truth, that Judge Smithart, Judge Robertson,
D.A. Boyd Whigham, and JW Waters
know I was never guilty of the accusation
of stalking that king pin drug lord.

Also a local bank, patronized by my father
since 1951, had foreclosed on my father's
business over a year before in 1994, however,
the property was redeemed within the 10 day grace period.
My father had taken the pay-off amount to the bank,
but his cash payment was refused
He was standing at the foreclosure with the money to pay
off the full loan amount, yet he was ignored
by the foreclosure attorney. It was evil intent.
My father later discovered that JW Waters
was the buyer. This caused many hard feelings, as it
was devastating. It took almost four times
the amount of the original pay-off to redeem the property.

It has been said many times in Bullock County
that, if the local politicians don't like a person,
that they seek to harm any and
every family member possible.

The local politicians have been never been met
with any resistance and do things their own
way regardless of the law or people.
Self-enrichment and gain seems to be their goal,
and it is strange to many that no
outside authority dare confront them.

I will forever be mindful of the truth surrounding
the horror I endured from those people,
some, I grew up with.

Sincerely,

Beverly Brabham


Beverly







Beverly Brabham
and
DOUBLE JEOPARDY
This was the SECOND sentence
on the same
bogus, concocted, conspired lie.



Judge Smithart's order
after the August 1999 hearing
where Judge Gaither testified
under oath that Beverly Brabham was not on probation
in April 1999 when Smithart
"revoked a probation"
which did not exist.



Judge Gaither's Affidavits
Judge Gaither wrote the second Affidavit
after discovering that Judge Smithart lied
about Judge Gaither's testimony
in the above order





Dial-an-Order
Bullock County Alabama
style



The THIRD Sentence
was "phoned in" by Smithart
to Beverly's mother
at night



Details surrounding
the telephone sentencing

Federal Court refused protection



Attorney, for Beverly Brabham,
Scott Johnson, sends Motion
to Judge, that his deliberately harmful error be corrected.
Judge Smithart ignored the Motion to Correct Harmful Error.



Beverly Brabham's mother
witnessed the above case:
June 1996
kangaroo ordeal.




to
Supporting Documents



Description of documents

Beverly Brabham
failed by
JUDICIAL INQUIRY COMMISSION
of
Alabama



Criteria used by
Judicial Inquiry Commission



Beverly Brabham's plea
to the Alabama Judicial Inquiry Commission
for justice and relief.
The Commission turned a deaf ear.
The case was rife with
bad faith, ill will, and malice.



Alabama Attorney General
Bill Pryor
turned deaf ear to
Bullock County Circuit Court corruption



It is an ominous sign
of an irretrievably broken system
when the
United States Federal Courts
refuse to protect a citizen's
guaranteed Constitutional Rights!
Who else are they to be guaranteed by???

CRIMINAL COP
WITH MULTIPLE FELONIES
COMMITTED WHILE IN UNIFORM
RECEIVES ONLY PROBATION
Click here to Read About It!



See Readers'





Beverly Brabham






Back to




The only thing necessary for the triumph of evil is for good men to do nothing. - Edmund Burke