I was a Real Estate Broker. I worked extremely hard for 5 years to establish a sizable brokerage. My efforts were destroyed, and my good name stolen from me, when I was twice charged with criminal offenses in 1993. I had commited no crime. On both occassions I was arrested because I protested the violation of law by, in the first instance a Constable, and in the second instance, illegal acts by a prosecutor.

It began with an arrest in February of that year. An agent I sponsored left the office owing a $300 fee to the Brokerage covered by his security deposit. He took me to small claims Court and was awarded a $300 judgement. I felt confident I could have the Judgement over turned on Appeal. I frequently consulted with an attorney in the same office building. He advised to me to NOT appeal the Judgement. He said it was against the corporation and was uncollectable.

About the time of the Judgment I had incorporated a new business to take advantage of a franchise opportunity. The Judgement was against the old corporation that now had no assets. The new corporation was in a new suite in the office building. Therefor the Judgement debtor had nothing to collect against. I began receiving harassing phone calls from a constable seeking to collect the Judgement. So I personally reviewed, and became familiar with, the law regarding the collection of judgements.

In February of 1993 this Constable showed up at my office to collect the judgement. I called my attorney to come assist. I also attempted to show the Constable the law books I had and the provisions regarding the collecting of Judgements. His response was "I am the law." The Judges’ order was against a Corporation, not me as an individual, not against my new corporation. The Constable made it clear he felt he was not bound by the law, or Judge, and could do whatever he wanted. He refused to look at the law books.

Even if collecting against the proper entity the law requires that I be allowed to designate the property to be seized. I had 5 computers in my office as well as an abundance of other equipment. But he was intent on taking my personal computer. He targeted this computer because it was full of trade secrets, lists of my personal clients and etc. I had accumulated this information at much expense in time and money. The agent with the Judgment had bribed the Constable to go after only this so he could steal my valuable information.

I called my attorney, on another floor in the building, to come quickly and I ask the Constable to wait. This only made him more determined to quickly steal my computer. When he attempted to take it by force I called Building Security and the Houston Police Department. They, and my attorney, arrived. Under the advice of my attorney I offered, and the Constable accepted, cash for the Judgement and costs. To my shock he then arrested me and I was charged with Interference with the Duties of a Public Official. They ignored the assault committed against me and arrested me to cover for him.

Before the trial on this charge I was again arrested. The Judge allowed this second charge to be brought into the trial to bias the jury. He refused to allow law regarding the collection of Judgments to be brought into the case. And, I believe, the prosecutor bought off my attorney with the exchange of favorable plea bargains in other case involving other clients. I was convicted and spent 5 days in jail. The trial was a total sham.

Before my trial in December I was again charged in August of that year. This time with theft and misapplication of fiduciary funds. The two charges are related. The DA’s office took this action to oppress me, to set me up for conviction on the first charge, so they could cover themselves for the Interference charge their office had accepted.

It began when another agent brought into the office a check payable to me. He refused to give it to me unless I allowed him to deposit it and gave him a check for like amount. This was contrary to our contractual agreement (Broker/Agent agreement). The agent did not return with the deposit slip as he promised. And so I placed a stop pay on the postdated check I gave him. Sufficient funds were at all times in the account.

Before contacting me; the agent to whom I issued the check went to the DA’s office and reminded them of the Interference charge against me. The DA then called my Bank and had them freeze our entire business account! I found out when another agent attempted to cash his commission check. When I confronted the Bank they told me they were under orders from the DA’s office and gave me the name of an Asst. DA to contact. I repeatedly tried to contact him but got only rude treatment from those I spoke to at the DA’s office. I spoke to his supervisors and the DA’s public integrity unit. Finally I called the State Attorney General’s office and the Department of Justice in Washington DC. In retaliation this Assistant DA seized the funds from my bank account, with a spurious warrant I was unable to see until trial, and charged me with Felony theft by check.

Day 1 – I issue postdated check.

Day 2 – Late PM, w/ no deposit receipt returned, I put a stop pay on check

Day 3 – Agent talks to DA, freeze put on acct, another agent complains unable to cash his check and I discover
a freeze on the entire Corporate Account for our Brokerage.

Day 4 – I make numerous calls to DA office without response.

Day 5 – I call Attorney General and Dept of Justice

Day 7 – Funds in amount of check taken by DA from my business account. Just 4 days after agent talks to DA.

Am I a thief? NO, and the DA knows I am not a thief. Consider this: The DA used a affidavit from an investigator for their office to obtain the warrant to sieze the money from our CORPORATE business account. Supposedly this man visited our Bank and the Office Manager for my business. If so he would have seen I had well over $15,000 in office equipment and furnishings. It's obvious I wasn't going anywhere. The DA could have released the hold on the account. If I had withdrawn the funds they would have a case for theft. The DA knows I am not a thief. They had to freeze, then steal, the money themselves to create an excuse, an illusion, of theft when none occurred or was intended.

I should have contacted an attorney after they seized the funds. But I was busy and thought the matter would now be settled. A few days later I was arrested.

This is quickly seen by visiting the web site for the Harris County District Attoney at:

http://www.co.harris.tx.us/da/cf/default.html

• Charges cannot be brought on a post-dated check.
• Charge cannot be brought until after the holder of the check wants for 10 days, after making request by certified check, for the check to be honored.
• Charges cannot be brought against and individual for the acts of a corporation.

Of course there are some exceptions. None of which apply to my case.

I was charged, not because I violated the law, but because the DA wanted to cover for themselves. They had created liability for themselves and the County when they took charges on the Interference charge and I was raising a stink about it and refused their plea bargain offers. I caused an investigation by the Dept of Justice to be initiated against the Harris County DA's office and they wanted to discredit me and oppress me for it.

Upset and discouraged by these events I closed my brokerage and discontinued my Real Estate activities. How can you run a business, or be a law-abiding citizens, when the law is arbitrary. How can you follow the Rules when they are subject to change at the whim by anybody who wears a badge or works in DA’s office?

The week of the trial my attorney mysteriously withdrew from the case. I desperately tried to hire another and thought I had one. She then mysteriously withdrew after a meeting with the Judge and the prosecutor. Her reasoning was concern for her license with the bar. ??? She refused to explain. So I handled the case ProSe. The trial was a sham. The jury acquitted me of the Misapplication charge but I was convicted of the theft charge. They were obviously biased against anyone acting as their own attorney. They did not know I had no choice. I think they took it as a sign of guilt or a rebellious nature. I also suspect they choose to find me guilty because the DA held the funds and this would insure their release to the complainant. I never denied all but $300 of the $5,050 was his.

I had requested the jury decide sentencing. The Judge took this away from them and sentenced me. He set a $100,000 appeal bond on me! Because of the high bond I was forced to serve the sentence. Although I have nothing to lose in the appeal (the sentence has already been served); the Judge then set an appeal bond of $10,000 with the requirement I report to pretrial services bi-monthly.

There was not a single month that I did not report at least twice. I drove the 30 miles downtown to their office 34 times during the 2 years and 4 months I have waited for a ruling on my appeal. None-the-less; when I reported on January 12^th I was arrested in the Pretial office! I was told my bond had been revoked. It was reset at $25,000 and I was then forced to pay $3,750 to secure bond for my release!

The purpose of a bond is to insure the Defendant does not flee and appears in Court. I have nothing to run from. I already served my sentence! My appeal is to clear my name. This action by the Judge Voigt was purely for the purpose of political oppression.

My case was removed from the Court in which it fell by lottery. The Judge reclused himself. The DA was then free to venue shop for a favorable court. The Court in which I was convicted. This is the Court in which my bond was revoked for purpose of political oppression. This Judge is coming up for re-election. The primary is March 10^th.

Judge Werner Voigt of the 248th. See his page here.

In response to the injustice done to me I founded Informed Citizens and have been politically active. The only plausible reason for the bond revocation was his hope to keep me in jail until after the election. Or at least to take from me the money I spend promoting Informed Citizens and Judicial Reform.

I would never have expected events like this to happen in the United States of America. I have been shocked and dismayed by how those within the system will ignore the law and perpetrate injustice to protect others within the system. Winning takes precedence over Justice. Politics takes precedence over Honor. Some people refuse to believe my story even though it is well documented. I guess it shatters their image of our system of Justice and it’s a reality too frightening to consider.

If you have doubts about my innocence, and are not afraid of the truth, I will be happy to supply you with an abundance of evidence that proves my innocence. Unfortunately; The Judge in my trial, Werner Voigt in the 248th, refused to allow the Juries to see the evidence and know the truth.

Many would have become bitter from the experience. I choose to found Informed Citizens and get involved. Our system is a good system But it is only as good as the police, prosecutors, and Judges we hire to run it. I believe Informed Citizens, utilizing Internet Technologies, will expose those within the system who distort it.

For Details of my case read the Legal Documents.

Support Informed Citizens as we fight for YOUR RIGHTS that PROTECT YOU from becoming their next victim.