Court of Inquiry - Jack Skeen, David Dobbs & AD Clark

Posted in the Tyler Forum

dcb

Benton, AR

#1 Sep 2, 2012
KLTV had a story the other day about Michael Morton when he spoke in front of the Rotary Club in Longview. For those who don't know, Morton spent 25 years in prison for the murder of his wife. Turns out he was innocent and the prosecutor withheld evidence all those years that tended to show he was innocent. A Court of Inquiry is now being conducted in Williamson County to determine if criminal charges should be pursued against the prosecutor (who is now a district judge).

In Smith County, Kerry Max Cook spent 20 years on death row. Prosecutors AD Clark, Jack Skeen & David Dobbs lied, withheld evidence, coerced witnesses and did other despicable things to put and keep him on death row. These prosecutors had evidence in their file pointing to the real murderer - James Mayfield. So, these prosecutors knowinglly attempted to have an innocent man executed. They knowingly and intentionally attempted to cause the death of a man who had not committed the crime. This is attempted murder. When Cook is finally formally exonerated there must be a Court of Inquiry to look at bringing criminal charges against these men for conspiracy and attempted murder among other things.
dcb

Benton, AR

#2 Sep 2, 2012
There also should be a Court of Inquiry to look at the conduct of Matt Bingham, Jack Skeen, and Joe Murphy in the Mineola Swingers Club case. Here is an excerpt from one of KETK's stories:

And today, the appeals attorney laid out in detail the evidence he says the Smith County D.A. withheld, and it is a long list…

The attorney representing Patrick Kelly, Wes Volberding, is filing a brief with the 14th Court of Appeals in Houston that lays out in excrutiating detail, all the evidence he says was withheld, misplaced or simply lied about in the trial that led to Patrick Kelly’s life sentence.

“There is an incredible amount of evidence that was available to the prosecutors, that was not turned over to the defense,” Volberding told us.“It includes eyewitnesses who were at the club, who had the keys to the club who did testify, told the Smith County DA’s office that none of these kids, and they looked at photographs, none of these kids and none of the defendants had set foot in their club.”

Last week, Smith County District Attorney Matt Bingham angrily denied the contention that his office was anything but forthcoming.

“You can say Matt Bingham’s a bald-headed ass,” Bingham said.“I can live with that. But when you attack my integrity, that really upsets me.”

But, Volberding counters,“They also had evidence that the original couple, the couple who brought the charges, the couple who had the original kids. The foster father was in fact a pedophile from California.”

The most damning pieces of evidence were the original interviews with the children.

“Some 17 hours of recorded interviews of other children that the DA’s office, CPS and Ranger Kemp had…those were available and weren’t turned over,” Volberding says.

Initially, they denied any such events took place.

“There was absolutely no justification for someone like a former DPS officer had never interviewed a kid case before,” the attorney told us.“And suddenly decides he’s going to use all his adult interviewing skills on a bunch of small children…as he said, do some on the job training.”

And the problem, he contends, wasn’t just with the prosecutors.

“The judge apparently,” Volberding contends,“and I cannot explain why he did this, but he allowed evidence that never enters any other courtroom."

As mentioned, District Attorney Matt Bingham vehemently denies all this, and says his office shared everything.

But Wes Volberding says that’s just not true and the deck was stacked from the beginning.
truetotyler

Tyler, TX

#3 Sep 3, 2012
dcb wrote:
There also should be a Court of Inquiry to look at the conduct of Matt Bingham, Jack Skeen, and Joe Murphy in the Mineola Swingers Club case. Here is an excerpt from one of KETK's stories:
And today, the appeals attorney laid out in detail the evidence he says the Smith County D.A. withheld, and it is a long list…
The attorney representing Patrick Kelly, Wes Volberding, is filing a brief with the 14th Court of Appeals in Houston that lays out in excrutiating detail, all the evidence he says was withheld, misplaced or simply lied about in the trial that led to Patrick Kelly’s life sentence.
“There is an incredible amount of evidence that was available to the prosecutors, that was not turned over to the defense,” Volberding told us.“It includes eyewitnesses who were at the club, who had the keys to the club who did testify, told the Smith County DA’s office that none of these kids, and they looked at photographs, none of these kids and none of the defendants had set foot in their club.”
Last week, Smith County District Attorney Matt Bingham angrily denied the contention that his office was anything but forthcoming.
“You can say Matt Bingham’s a bald-headed ass,” Bingham said.“I can live with that. But when you attack my integrity, that really upsets me.”
But, Volberding counters,“They also had evidence that the original couple, the couple who brought the charges, the couple who had the original kids. The foster father was in fact a pedophile from California.”
The most damning pieces of evidence were the original interviews with the children.
“Some 17 hours of recorded interviews of other children that the DA’s office, CPS and Ranger Kemp had…those were available and weren’t turned over,” Volberding says.
Initially, they denied any such events took place.
“There was absolutely no justification for someone like a former DPS officer had never interviewed a kid case before,” the attorney told us.“And suddenly decides he’s going to use all his adult interviewing skills on a bunch of small children…as he said, do some on the job training.”
And the problem, he contends, wasn’t just with the prosecutors.
“The judge apparently,” Volberding contends,“and I cannot explain why he did this, but he allowed evidence that never enters any other courtroom."
As mentioned, District Attorney Matt Bingham vehemently denies all this, and says his office shared everything.
But Wes Volberding says that’s just not true and the deck was stacked from the beginning.
It is obivious Mr. Bingham is a lier and has NO INTEGRITY. He must be removed from office. How could any jury believe a word he or his staff says?
lawyer

Tyler, TX

#4 Sep 5, 2012
dcb wrote:
KLTV had a story the other day about Michael Morton when he spoke in front of the Rotary Club in Longview. For those who don't know, Morton spent 25 years in prison for the murder of his wife. Turns out he was innocent and the prosecutor withheld evidence all those years that tended to show he was innocent. A Court of Inquiry is now being conducted in Williamson County to determine if criminal charges should be pursued against the prosecutor (who is now a district judge).
In Smith County, Kerry Max Cook spent 20 years on death row. Prosecutors AD Clark, Jack Skeen & David Dobbs lied, withheld evidence, coerced witnesses and did other despicable things to put and keep him on death row. These prosecutors had evidence in their file pointing to the real murderer - James Mayfield. So, these prosecutors knowinglly attempted to have an innocent man executed. They knowingly and intentionally attempted to cause the death of a man who had not committed the crime. This is attempted murder. When Cook is finally formally exonerated there must be a Court of Inquiry to look at bringing criminal charges against these men for conspiracy and attempted murder among other things.
Courts of inquiry can only be started by a district judge - see art. 52.01 of the Texas Code of Criminal Procedure - it's a rare proceeding.

(a) When a judge of any district court of this state, acting in his capacity as magistrate, has probable cause to believe that an offense has been committed against the laws of this state, he may request that the presiding judge of the administrative judicial district appoint a district judge to commence a Court of Inquiry. The judge, who shall be appointed in accordance with Subsection (b), may summon and examine any witness in relation to the offense in accordance with the rules hereinafter provided, which procedure is defined as a "Court of Inquiry".
lawyer

Tyler, TX

#5 Sep 5, 2012
(b)(1) Before requesting the presiding judge to appoint a district judge to commence a Court of Inquiry, a judge must enter into the minutes of his court a sworn affidavit stating the substantial facts establishing probable cause that a specific offense has been committed against the laws of this state.

(2) After the affidavit has been entered into the minutes of his court and a copy filed with the district clerk, the judge shall request the presiding judge of the administrative judicial district in which the affidavit is filed to appoint a judge to commence the Court of Inquiry. The judge appointed to commence the Court of Inquiry shall issue a written order commencing the Court of Inquiry and stating its scope. The presiding judge shall not name the judge who requests the Court of Inquiry to preside over the Court of Inquiry.
lawyer

Tyler, TX

#6 Sep 5, 2012
(c) The district or county attorney of the district or county in which the Court of Inquiry is held shall assist the district judge in conducting the Court of Inquiry. The attorney shall examine witnesses and evidence admitted before the court to determine if an offense has been committed and shall render other assistance to the judge as is necessary in the proceeding.

(d) If the Court of Inquiry pertains to the activities of the district or county attorney or to the attorney's office, deputies, or employees, or if the attorney is otherwise disqualified in the proceeding, the judge shall appoint one attorney pro tem to assist in the proceeding. In any other circumstance, the judge may appoint an attorney pro tem to assist in the proceeding.
lawyer

Tyler, TX

#7 Sep 5, 2012
(e) If more than one Court of Inquiry is commenced which pertains to the activities of a state governmental entity or public servant thereof, then, upon motion of the state governmental entity or public servant, made to the presiding judge or judges of the administrative judicial region or regions where the Courts of Inquiry have been commenced, the presiding judge or judges shall transfer the Courts of Inquiry to the presiding administrative judge of Travis County. The presiding administrative judge of Travis County shall consolidate the Courts of Inquiry for further proceedings and shall assign a district judge to preside over the consolidated Courts of Inquiry.
dcb

Little Rock, AR

#8 Sep 5, 2012
A Court of Inquiry is being used in a very similar situation in Williamson County right now. Maybe it shouldn't be so rare.
Jiminy Cricket

Tyler, TX

#9 Sep 8, 2012
The problem here is that you have the fox guarding the henhouse. Asking judges to discipline their peers is pointless. Just look at how few judges are discipline by the Commission on Judicial Conduct. And then, it is mostly JP's and district judges who have obviously committed misconduct outside of the courtroom. Examples include the fool down in Aransas Co. who beat his daughter senseless and the Houston judge who was stimulating himself with an adult novelty while sitting on the bench.

This doesn't happen with physicians. The Medical Board is comprised of lawyers, physicians, and consumer representatives. The investigators are mostly nurses and physicians' assistants who have axes to grind against doctors. So, for example, you get a well respected orthopedic surgeon disciplined (and subsequently kicked off of managed care panels) because the hospital charged the allowed "hospital" rate for copies of records instead of the allowed rate for physicians, which was less. In another state, a physician was disciplined for telling a patient she was "fat." Isnt' that a doctor's job, to tell us when we are in poor health?
Jim BoB

Houston, TX

#10 Sep 9, 2012
Same thing is going to happen in the Robert Fox, House of Israel crap in Cherokee County.
Fox's sentencing has been postponed since April 2012; it's now September.
The locals and "news" keep it under wraps so it doesn't make the place look like the piece of corrupt crap that it is.
dcb

Benton, AR

#11 Sep 12, 2012
Unfortunately, I doubt any of the district judges in Smith County will have the courage to initiate a court of inquiry. But, if the public demanded it, they might. But, the citizens of Smith County have been complacent about their corrupt criminal justice system for so long that I wouldn't hold my breath waiting for them to do anything.

But, if the citizens of Smith County are truly interested in justice, in restoring integrity to the criminal justice system, it's time to do something. Its time to demand that Bingham, Skeen and others be held accountable for their criminal conduct. Its being done in Williamsn County, it can be done here.

Since: Sep 12

Location hidden

#12 Oct 13, 2012
"Fox guarding the hen house" - exactly! Please intitate the court of inquiry! It is time we pursue justice. Prosecutors on a crusade of convictions need to go. Exonerate and pay Kerry Max Cook.

Skeen is a criminal, get rid of him.

Criminals with a gun and a badge in police costumes are spooky. District Attorneys withholding evidence to support convictions are the devil personified.

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