Continued from page 1
My mother was crying at thought of death penalty, because she knew just how brutal they could be.
The appointed attorney told me that best thing to do was plead guilty, that it would not affect my nursing license, that there would be no real harm done. I kept asking, where is Waters, let's get him in here and clear this lie up. The attorney said that this was not kind of case where he needed to be present. Boy, was he right, railroading was going to take place, regardless of truth. Of course, there were no facts whatsoever to back any of this.
On transcript before judge, I stated a few times that I did not want to plead guilty to something I positively did not do. The DA mentioned "trying case". The judge would say, yeah, we'll try it, and THEN you'll see what you get.
I was so beaten up by them at end of day, and knowing that I could still be sitting on death row, I pled: "guilty, I guess".
I was immediately taken to jail and was denied an appeal. Their appointed attorney told my mother that if an appeal was allowed, that it would show that he gave ineffective assistance of counsel. My mother told him that is exactly what he gave.
I was in jail for 17 days with no bond and no appeal.
My parents got an attorney and he talked to judge. Judge Robertson suspended sentence in July 1996. I was to enter a treatment program. (totally unrelated to a stalking charge). I applied to one or two of them, and going to one never materialized. I refused to contact court to let them know. I just went home and started living life. I avoided and hid from them, but nothing else occurred.
Judge Robertson was forced to leave office in October 1996. He was addicted to Cocaine and had stolen thousands of dollars from County. Judge Gaither took office. In April 1997 to end case, he ordered a 28 day treatment program. I completed that successfully and he ended sentence. He knew it was due to corruption. He was an honest judge and came into a mess to clean up. THERE, THE CASE WAS OVER, May 1997
Judge Gaither let it be known to locals, that he would go by law, and that he wasn't there to make anyone rich. Needless to say, he wasn't very well liked by DA and others of court.
In January, 1999, locals supported election of a judge who would puppet for them, Burt Smithart. He is very young and follows orders of DA. I was arrested for a misdemeanor public intoxication in March 1999, 100 yards from my house.
It was adjudicated by Municipal Court, fine paid, and one year probation ordered.
Eight days later, D.A. Whigham sent me a summons to court. He claimed that he wanted to revoke stalking charge. It had ended two years earlier and he was aware of that fact.
I was ordered to court on April 2, 1999 for probation revocation of stalking. There WAS no probation to revoke and Judge Gaither had written an affidavit saying so, that case had expired.
Judge Gaither was ignored by Judge Smithart and I was put in jail there for one week before being taken to prison.
I was literally re-sentenced on an expired case. My family went to Attorney General's office, talked with an underling of his, and nothing was done on my behalf.
A hearing was held in August of 1999, and Judge Gaither testified under oath there, that case expired and that he did not order any probation. His testimony was lied about by D. A. Whigham.I filed a state habeas corpus in October 1999 and to this day, it has been ignored.
I filed a Federal Habeas Corpus in November 1999. The Magistrate Judge, John Carroll, made it a full blown case. He wrote two orders to court and two order to me to answer. He resigned as magistrate judge in June 2001. The Magistrate Judge who was assigned case, dismissed it in August 2001, as being out of statute of time. There was definitely a weisel in wood pile!!!
Double jeopardy stands alone, sui generis, and I had filed in mandatory one year statute of time. A dismissal for 'out of statute of time' is done summarily, and this case had gone on for two and a half years!
In January 2001 I was called back to that court for probation consideration. The end of this double jeopardy was to be April 10, 2001. The DA requested 5 years, but Judge Smithart said he'd order 3 years, if I chose to take probation. The Judge said, you can go back until April 10, 2001 and complete sentence or take probation. (the law states that it is persons unfettered right to complete a sentence in confinement or elect to take probation). Knowing of hatred for me and my family, I elected to return to 'hell' and be through with them.
I was released on April 10, 2001.
On April 13, 2001 my mother received a phone call from judge at her home at night. He told her to inform me that I would be on probation for one year. She asked why, that she thought I returned to avoid probation. He said he had made a mistake and hung up telephone.
I called court clerk and requested an order for probation. I received one in mail. I filed yet another habeas corpus in Federal Court, alleging double jeopardy again.
The second sentence, by Judge Smithart, for expired case was on April 2, 2001. I was not present nor was I represented at that sentencing.
The third sentence for same case was on April 13, 2002 and I was not present nor was I represented at it either.
I recently requested that Federal Court reconsider second sentence for same case, which robbed me of two years of my life.
It was denied by Federal District Court. Federal Circuit Court vacated that order, and has returned it to Federal District Court for a full remand.
The third sentence for same case, probation ordered in April 2001 is still pending an evidentiary hearing in Federal District Court. They ordered me to get all affidavits from witnesses, testimonies, and affidavit from Judge Gaither who ended case in 1997. That is where it is at this point. Both second and third sentences on expired case are now two separate cases being considered in Federal Court.
(MY comments: There were 3 judges in 3 years. District Attorney Whigham was there during reign of three, and he knew truth. He is culprit at core. Hopefully this exposure will bring desperately needed relief that this town needs).
Any and all questions and comments are welcome! Write to Beverly directly at:
I am from a small town in South Alabama, Bullock County, City of Union Springs. I am the victim of the local political corruption that exists in many small towns where thing are done their own way. There is no check and balance, it is everywhere, and society seems to just be indifferent toward it. If my efforts in my own quest for justice help just one other person, that would make it all worthwhile. Sincerely, Beverly Brabham