RACKETEERING, EXTORTION OF PROPERTY, VIOLATING PARENTAL RIGHTS, AND RETALIATION FOR EXERCISING RIGHTS
CENTRAL KENTUCKY - AUGUST 27 2010 - FOR 6 YEARS central Kentucky father, and now 6th district congressional write-in candidate, Wes Collins, has acted in performing what he feels is a duty as a citizen of Kentucky to expose corruption in family courts in Fayette County and across the state." 23 years before that he was leaving his parents working class home, headed to college, after a minor scrape with the law that turned him around. He worked toward the goal of having a family and one day building a home for them with his own hands. He succeeded in those life goals with the completion of construction of a home for his family in June 2000.
It started in his own case in 2004 during a dissolution of marriage process in which he claims he was violated by complete corruption and abuse of power. Collins said, "I have also sought to hold the family court judge in my case in 2004 accountable, who he says, "acted knowingly and intentionally with official misconduct in collaboration with the adverse attorney to defraud him and his children of their home and property for the benefit of other members of the legal profession."
OFFICIALLY MANUFACTURED FALSE RECORD
Collins contends that, "he and his child were deprived of each other without any cause by an arbitrary order entered by the judge, when he raised the issue of the property fraud, violating their rights and damaging them." "My former spouse secretly stopped the mortgage payments during the process without disclosure, and her attorney knew it, and they concealed this by manufacturing false stories of alleged "domestic violence as a ruse and cover."
"The attorney carefully manipulated the process," Collins said. " from the very beginning the attorney began to build a false story upon the record completely manufactured and the judge played along," I raised the issue of fraud and dissipation of assets 4-5 times,and at one point demanded a Jury to decide if any cause was ever shown that I did anything wrong." The judge just sat and stared."
DISCOVERY OF OTHERS SIMILARLY SITUATED
After what Collins describes as being completely traumatized by the experience, he began to look around on the internet for others going through this process, thinking surely no one else had experience the humiliation and degradation by the officials that he had experienced. He began to discover wholesale abuses of rights, extortion of property, and deliberate deprivations of parent child relationships across Kentucky, then eventually networking with others all across the country. I met a guy over the internet who had been working as a private person, who read and studied the law, who went through his own damaging experience, and who was preparing class action lawsuits to be filed by violated people in every state. Collins said he was recruited to file for Kentucky. "Apparently I had become what hundreds of thousands of others in Kentucky and across the country had become - victims of the law." The class action lawsuits, filed in federal court on September 17 2004 in 44 states, were all very quickly dismissed.
NOTIFYING SUPERVISORY JUDGES OF FRAUD AND MISCONDUCT
After attempts to get supervisory judges of the court of appeals, supreme court, and conduct commission to review his claims of fraud and misconduct by the judge and attorney from 2004 to 2006, he said "they talked around his claims in their opinions, or simply ignored them, turning a blind eye to the misconduct and fraud of the judge and attorney, In January 2007, I filed a civil lawsuit against the judge, the attorney, the conduct commission, the bar association, and the now former Chief Justice Joseph E. Lambert." from here Collins said, "things dramatically worsened."
EXERCISING CONSTITUTIONAL RIGHTS TO HOLD PUBLIC OFFICIALS ACCOUNTABLE.
The lawsuit was filed in Fayette Civil Circuit Court, case no. 2006-CI-5254 claiming negligence in the performance of duties, malpractice, and negligent supervisory duties, among others. Collins says "he remembers that first day he appeared in court upon his lawsuit, and how he felt this "chilling vibe" coming from the judge, and the assistant attorney general who was sent down from Frankfort as defense for the Judges, and that at all times the projection of animosity and a "how dare you sue our friends the lawyer/judges you tiny little person" attitude toward him.
The Fayette circuit court Judge rather quickly dismissed the complaint citing "failure to state a claim and that the judges were immune from an lawsuits." Collins said he inquired "if the defendants were immune to act with criminal conduct." to which he was informed by the presiding judge to be careful who he accused of criminal conduct. Collins then
appealed the dismissal of the lawsuit in April 2007 where it sat for a long time.
PUBLIC OFFICIALS BECOME LAWBREAKERS
In June of 2007, having been deprived of his son for over 3 years without cause, Collins went to the family court in Scott County where Wise, "on her own accord," had arbitrarily transferred the case. Collins went there and filed a petition for a temporary custody order to get his son back because of - "ongoing hostile tones taken by the step parent toward his son." Collins felt he could "tell that judge of the wrongdoing that occurred in Fayette, and get a fair process to return his son," He said. "to the contrary, Scott family judge Tamra Gormley (
The supreme court on August 26 upheld the conduct commission's findings of 2 counts of misconduct against Gormley unrelated to her acts against Collins) lit into me after I claimed fraud in the other court, dismissed my petition, praised the other judge, ordered me to get a mental evaluation, and then return to court about 30 days later with some proof I was complying, that if I didn't get one, or return, that she would throw me in jail."
" I read the law," Collins said, "and I knew my rights. I knew that
public officials can't act like that, could not do the things that had just been done to me. They had violated their oaths of office, they had become usurpers of the office, and they had trampled down the rights of an innocent father, and an innocent child." Collins said, he " knew by the law" that he didn't have to return because his petition had been dismissed, and by the civil rules of procedure and case law that the court would lose any power to act on "his" petition after ten days, losing jurisdiction.
THE OFFICIAL ORCHESTRATED ARREST
On August 30 2007, in what revealed itself as a deliberate premeditated false arrest directed by the judges Gormley, Wise, Court of appeals Chief Judge Sara Combs, Lexington Attorney Adele Burt Brown, and Jason Nemes(a former chief staff attorney of Justice Lambert), the former Director of the Administrative Office of the Courts. Collins said, " I had done nothing wrong accept become trapped in a web of deception and abuse of power." Collins said he was arrested at his fiance's home while sleeping in the back bedroom, upon a fraudulent "civil contempt" bench warrant
issued by Scott family judge Gormley. "Because I filed suit, they
retaliated against me."
The Clark County Sheriffs Dept carried out the deed of arrest, rough up, and fishing expedition for anything that could be used against him. After being handcuffed he was taken outside and set on the porch, then deputies went back in and brought out his hunting rifles from the gun rack on the bedroom wall." Collins said, " I learned as I was being carted away that someone behind the scenes was pulling the strings. We stopped momentarily in the road as another car pulled along side. That driver told the other [Nemes] wanted them to give a call when they "got him." That deputy then picked up his cell phone and called someone."
Collins fiance, TCM (identity limited to respect her privacy for now), said "she refused the deputies entry into her home that morning, because they did not have a search warrant." "they told me they had a warrant for his arrest and that they wanted to come in an arrest him." "I told them no, that I would get him and he would come to the door and calmly meet them there."
What happened next TCM explained,." was that I attempted to close my door and one of the deputies stuck his foot in it, he pushed back hard on the door, sending be backwards and they forced their way in. I was terrified, they were acting very aggressive and I became afraid. Our child was present. When they were bringing him out, and he was asking them what it was all about, I was shaking violently and crying, and telling them not to hurt him."
Collins said he was then taken away to jail. When he got there, "they began to tell me I was in a lot of trouble, that I was in violation of a domestic court order, that I was a felon in possession of a firearm, and I was going to be going away for a long time" TCM said. " After they took him away, They began to ask me if he had been threatening any judges." " "I told them no, he had been trying to get his son back, and he never made any threats to anyone." "They told me that an ATF agent was going to get in touch with me, and they left."
Collins explained that "after twelve days in Clark County Jail, I was informed that the US Attorney's office in Lexington was going to pick the case up." Over the course of the next 50 days, Collins said he was then taken to the Scott County Jail on the illegally issued civil contempt bench warrant issued by Gormley, then a week and a half later, the Madison County Jail on a misdemeanor charge "that I had no idea what it was about and after a few weeks was dismissed." Then, along came the ATF agent. "I was picked up from Madison, and transported to Fayette County by the ATF agent. .
Collins' now wife, TCM, stated that, "after they took him away I was devastated. I had been with him every step of the way as he sought to get his son back, and his lost assets as a result of the Fayette County family judges control over the situation.. I had attended with him each time he went back, over and over, pleading for her to reverse her order depriving him of his son, and about the property fraud, but all she ever kept doing was ignoring him, mocking him, laughing at him under her breath as if she was taking great joy in hurting them
. I was to be a witness in his civil suit against them."
TCM, says what happened 5 days after they arrested him made her even more fearful. "One of the Deputies called me and said they needed to come by and get a statement from me." "I told him I had nothing to say." He showed up at my home a little while later alone and that he needed a statement from me,
that it needed to say I had given them consent to come in, and that I had better
"think about my daughter." "I started to shake. He gave me a pen and pad of paper and told me what I needed to write." " I was shaking so badly that I could hardly write it." he said just real simple, that I had given them consent to enter my home."
TCM said, " after he took the statement from me, a second deputy showed up, looked at the statement, ask me if I wrote it, then signed it as a witness. I was told if had any more guns in the house that I should turn them over." " The ATF agent shows up and starts asking me again if Wes had made any threats toward judges." I told him no, he's only been trying to get his son and lost assets back."
TCM explained that, "they had me turnover the other small handgun and box of ammunition."
Then again reminded me that I needed to think about my daughter and went so far as to say, "you need to leave him, just let it go. I felt so intimidated. They told me I'd be getting a summons soon.
THE OFFICIAL MISCODUCT AND RETALIATION EMERGES.
Collins was finally brought before the US District Court in Lexington in October 2007, and had been "appointed" a federal publicdefender, another Lexington attorney who subsequently is in the same building as Adele Brown, "one of the defendants in my civil suit." At the detention hearing as it's called, Brown is present.."When I looked back, she smirked and it became clear, they had all crossed over the criminal line, in conspiracy, In violation of state law and federal law, such as
KRS 522 Abuse of public office,
524.055 Retaliating against a participant in the legal process.,
18 USC 241 Conspiracy against rights, and
242 Deprivation of rights under color of law, to name a few."
Collins explained that he had been networking with many people across Kentucky since the time this ordeal began, and had witnesses present in the courtroom as witnesses to the proceedings. "They observed the presence of Brown, and the demeanor of those present." Then the script began to run. "My appointed attorney began by arguing on behalf of my release upon my own recognizence, the assistant US Attorney, who engaged in contact with Brown during the process began by presenting the long argument as to why I should remain jailed. "He put his witnesses on the stand, the pre-trial information collector who interviewed me, and the ATF agent,". Collins said, "It took a bizarre but obvious twist."
SUED STATE OFFICIALS FULLY INVOLVED IN RETALIATION.
Both the pre-trial officer and the ATF agent claimed to have interviewed Jason Nemes AOC (Lambert), Sara Combs COA, Jo Ann Wise, and Adele Burt Brown. Both testified that "they all felt threatened by me, that I was engaging in harassing communications against them, and on and on." The ATF agent testified that he talked with Jason Nemes. "The AOC was contacted in 2006, specifically Nemes, to report the official misconduct occurring,". Collins explained. " during the course of my actions to present the information of wrongdoings to all supervisory entities, I ended up eventually talking to Jason Nemes at the AOC." The ATF agent stated that Nemes told him I was highly aggitated in my converstaion with him," said Collins, "and that I told him I would either get justice with someone above Wise, or I would get justice myself." "That was a lie." Collins explained, "What I did say to him was that I would either get justice with someone above Wise, or I would get Justice by filing
a petition for removal by address to the Kentucky Senate and have her
removed from office." " He knew I had done my homework."
Collins says, " All of this is on record in transcripts, that I have - and they provided it to me!" But what I learned from my wife while in jail was more disturbing." TCM said that, "when they were obtaining an indictment from the grand jury against him, they made me come to testify before them." " When I arrived that morning I was meet by the Asst. US Attorney. He talked to me n a room for about half an hour. He was basically trying to determine if I was going to maintain the statement made to the deputies that I had given them consent to enter, and the the rifles were Wes's." I started to tell him that the statement was not true, that I was intimidated into making it, and was scared. He then left the room."
TCM said, " he came back a few minutes later and said it was time to go. We walked up the hall to the elevators where we were joined by the ATF agent. We rode up and when we exited, the ATF agent pulled me to the side and the US attorney walked on.. He told me that I better think hard about my testimony, that I would want to keep my daughter in mind, and if I changed my statement I could get into trouble for perjury.I started to shake again. We walked on around and the prosecutor called me in and I was again intimdated and coerce to say what they wanted said."
Collins said that while they were deciding his fate, he learned of these things from TCM. "We even had a neighbor who witnessed the forced entry, who gave a deposition of the facts, but that didn't seem to matter." Collins says that he was indicted at first for possession of a firearm by someone -subject- to a domestic violence order, and then they went back and dug into old archive records until they found the file of the scrape I had 28 years ago. It was a felony arrest for 3rd degree burglery." Collins said that, " I was hanging with the wrong crowd and some damage was done to a window of an old gas station out on a rural road, and being with the wrong crowd got implicated into it". Collins explained that he was given leniency by the judge at that time, that it was a deferred adjudication and "I was granted a conditonal time period that if I didn't get into trouble again it would go away. I left for college and didn't look back."
SQUASH YOU LIKE A BUG AND THE APPEAL OF THE CIVIL SUIT PENDING
Collins said he was released with an ankle bracelet October 24 2007, and was confined to a two county area , " So there I was," said Collins, " smack in the middle of a huge conspiracy and abuse of power moment. But part of me knew that this was the time to try to compel my appointed attorney to do
her duty under the law, professional rules of conduct, or conscience, and report the family judge and attorney for their malfeasence. " I raised the issue at every meeting with her discussing the defense." finally after she had avoided the issue of reporting them, she blurted out, "we could squash you like a bug." "I was taken back and speechless for a moment." said Collins.
My attorney was seen cohorting in the halls with Attorney Brown back during the detention hearing, a
defendent in the civil suit for malpractice. " My watchers reported this to me and swore affidavits to these facts. " Collins said. While he was meetng with hs attorney Collins explained that the assistant US attorney who was also collaberating with Brown during the detention hearing, delivered a ream of documents to us. From the looks of it you would have thought that it was a lot of document evidence against me, " said Collins, " but as it turns out there were multiple copies of 4 and 5 of the same documents from the family court record, the old archive documents from 28 years ago, and some from the ATF agents office." What was most interesting and revealed upon some of the documents said Collins, " was a fax number on the top of some that pointed right back to Judge Jo Ann Wise's office."
PUSH TO BRING FORTH THE TRUTH
Collins explaind that he was holding for a jury trial and instucted his attorney to file a motion to have a supression hearing to deny the alleged evidence (none) and dismiss the case for false arrest and unlawful entry into the home, " there we could bring forth the testimony of TCM and the 3rd party witness who saw the forced entry, cross examine TCM on the stand and the trith could come out. "They weren't goin to let that happen." said Collins.Because we chose to call TCM to the stand, the prosecutor moved the federal judge to appoint TCM an attorney who could advise her of her rights regarding perjury. "This was more intimidation against her, " explained Collins." She met the appointed attorney, Pamela Ledgewood, and when she returned home, she told that she [Ledgewood] had continued to infer to her that she could be chaged with perjury even after she told her that the hand written statement and grand jury testimony was coerced under threat and duress, and not true.
THE SUPPRESSION HEARING
The federal judge had previously dimissed the two counts of possession of firearm while suject to d.v.o.(which was falsely entered back in 2003 and extended 2005
after it had expired.) by finding "it had been issued by Fayette family judge Wise in violation of my due process rights," said Collins. But the supression hearing on the counts of possession by a felon were being pushed forward. " I told my appointed attorney that that did not end up being a lifelong felony conviction but she would never put forth the defense that it was. I had voted for many yeas, served jury duty, and had all of my rights intact. I ask her to show me case law that it was, and she never could, " said Collins. "I have researched it and case law clearly says it was not a conviction because the entry of a Judgement was withheld. The terms and condition expired without further incident.
The hearing washeld and from the onset things were obviously being tightly controlled. The deputies were all present, along with the lawyer appointed to TCM. On the way to the courthouse that morning, "Tiffany became very sick with nerves, " Collins said. "In the courthouse she was now being pressured by the presence of the deputies who arrested me, the ATF agent, and she was visibly shaken by it.. The Judge asked what we wanted to do, and appointed attorney for Collins indicaed that we wanted to call Tiffany to the stand. " This became the magic moment," said Collins. " They called for a meeting in chambers and the judge called a 5 minute recess. They all went to the judges office, and I went to the restroom. On the way back in TCM was standing in the hallway looking terrible and I asked her "if she was ok." " She said yea and we went back in."
"Here it got really odd, " Collins said, "when we resumed, the attorney who had been appointed to TCM spoke up and told the judge she had great concerns about TCM's risk of potential perjury, that she had felt that I was pressuring her, and she was advising her to plead the 5th. She then said I had attempted to talk to TCM in the hallway during the break, making this out to be like I had tried to pressure her."
Because it was portrayed this way, the motion to supress was denied, and I was ordered taken back into custody. I had been deprived of my 6th amendmen right to cross examine TCM where the truth that her statement and testimony would have been shown to be a
subornation of perjury obtained under threat and intimidation. I was taken out and while being led down the hall I passed out from ahving not eaten in 3 days prior to the supression hearing. Later I was taken out to Woodford County Jail where I was placed in an isolation tank with the tempratures very cold.
My appointed attorney arrived late that evening and coaxed me to accept a deal where I would enter a conditional plea, and retain the right to appeal the supression hearing, and that I would get a 12 month sentence. havingbeen put through what I can only describe as a form of torture, I went along with it. I still knew the case from 28 years ago was not a conviction, I thought, surely the appeals court would see what was going on, see that my 6th amendment right was violated, and remand it back for dimissal.
HABEAS CORPUS AND ACTUAL INNOCENCE
Boy was I ever crushed in my faith in the fairness of this process," said Collins. "The appeal was, in the only way I can describe it - washed away without regard to 6th amendment rights. It is now my only remaining option to file a writ of habeas corpus back to the federal district court upon the claim that the prior case from 28 years ago
did not constitute a conviction. The case law supports this claim, and I feel confident that justice will prevail and it all will be dismissed. The habeas corpus will be filed asap."
In the meantime, my civil suit against the public officials is still pending before the fayette cuircuit court, because the order entered allegedly dismissing my complaint was interlocutory and non-final, because it did not contain the
required finality language as set forth in the rules of procedure. I will re-open that action soon also.
[more to come here]
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