The sad State of affairs in the Adam Braseel case and a look at the much better British system at the end.

In Judge Thomas T. Woodall’s 2010 opinion to deny an appeal for Adam Braseel, it’s stated that Sgt Troy Brown found Malcolm Burrow’s body. This is not true. Also in this opinion, it’s stated that neighbor Angie White Identified Adam Braseel’s car by a “particular dent,” this is not true either. When the Assistant Attorney General Andrew Coulham described Malcolm Burrow’s as a simple shade tree mechanic, in no stretch of the imagination is this an accurate depiction. And when in 2016, Judge Timothy T. Easter wrote in his opinion that Becky Hill couldn’t have mis-identified the defendant when first shown pictures because she was unconscious, this is now come to the absurd. Becky hill testified herself that she was in her sister’s kitchen when she was first shown pictures.

In 2015 when judge Justin Angel saw through the crap and granted Adam Braseel a new trial, the party captains came swooping down to punish him. And now, the Tennessee Supreme Court doesn’t think any of this laundry list of egregious errors made by there own judges is worth looking at. Not even for the good of the community or anyone else. Coming down squarely on the side of drug funded corruption as the agent said about Myers convicting a ham sandwich. He messed up the simplest case for us, coming down on the wrong side.

Welcome to the Soviet Union. Where despite what you see, the state tells you what truth is. Where law enforcement, prosecutors and judges become party capos. Corralling the people like cattle while trouncing the Constitution in front of your eyes.

What is true is current Grundy County Sheriff Clint Shrum saying former Sheriff Brent Myers was corrupt. Saying there were no files to be found when he took office, as if someone was trying to hide something, being burned or shredded.

What’s also true, is that Myers altered a witness statement, which in its original signed-by-him form, describes two Individuals spotted at the crime scene in a gold colored car, neither of which match a description of Adam Braseel.

Also true, is that Agent Larry Davis testified the crime scene was secure and he found weapons in the house. Larry Davis put the weapons in the house. He “put them back” like he said he did in the preliminary hearing and who knows what they were or where they had been or what was missing from what was taken out.  Hardly a secure crime scene. Davis lied to the jury. Mike Brown discovered the body, not Troy Brown, as the appeals court claimed. Mike Brown says when he found the body, Malcolm’s wallet was in his back pocket. He also says he called the prosecutor to say he should testify, but was told they didn’t want him to. Perhaps because the prosecution chose to claim Malcom’s wallet was stolen. And maybe it was, like the items in Adam’s car when it sat at the Sheriffs office. His father’s golf clubs were stolen from the Sheriff’s office.

“Lonnie is the only one who played golf.” says Brown.

If you ask Mike Brown who the guilty party is, it is not Adam Braseel. The then lead investigator of Grundy County says it wasn’t Adam Braseel.

He is not the only one. First responder on the scene James Caldwell, told his girlfriend it was an inside job. They didn’t have him testify either. Why? because in one day they had made up their minds to prosecute Adam Braseel. Not bothering to wait for evidence to be tested, they moved forward with a prosecution based on one witness. A woman now dead, who died shortly after her son was arrested for domestic assault. Of which Caldwell informs — domestic calls were nothing new when it came to Becky and her son Kirk.

Those pushing for prosecution were Lonnie Cleek, Myers and Davis – none of whom interviewed witnesses at the crime scene like Brown and Caldwell did. Davis who later interviewed Malcom’s neighbors, the Whites, refused to turn over those interviews. Why? Is it because we would learn that  witnesses were educated on what to say at every turn. Jeff White testified Kirk Braden told him the assailant ran off on foot. Only after learning his wife Angie White saw a Gold colored car did Kirk change his story to seeing a man drive off in gold colored car. Changing his story again when Sheriff Myers showed him Adam’s car for greater detail.

The couple at the crime scene listed in the Sheriff’s report as Trey Meeks and girlfriend, match the description given in the report Myers altered. They were never questioned.

Both TBI and FBI were after Malcolm. The DEA’s recent gang raid of his house make it far from clear what pending deal kept him out of prison again. By most accounts, he killed nurse Krista Garner’s horses over money she received  to open a pain clinic with doctor Florence. Florence also worked for Mike’s Pharmacy in Tracy City at one time, the owner, Mike Yarworth, being former Sheriff Myers uncle. The protagonist of Adam Braseel’s prosecution.

Caldwell states Malcom was very nervous in the weeks preceding his death, making calls to police about prowlers. Trey Meeks girlfriend, who was at the crime scene near the time of the murder agrees, saying “I personally think he messed or screwed over the wrong people. Over drugs. He either knew too much and they was afraid he would talk or something. Always been kinda scared to speculate and talk too much. “

She adds that Becky might be confused on the days, describing how Malcom went out and helped Trey with his car when the two went there get money. In Becky’s only written statement she makes no mention of the assailant having red hair. She says the person who did it had been there earlier in the afternoon. Her statement does not match the prosecution theory. Though at trial her testimony changes. In a preliminary hearing, she said she saw the assailant drive off in a gold colored car. At trial, she does not, as the job of identifying the car could now fall to her son Kirk. It would also be absurd for her to testify she saw a man drive up in a car and ask for starting fluid because his car wouldn’t start —  the car in question being in the driveway running fine. If the story were true, that is. Hill struggles on the stand to remember what she is supposed to say, no matter how much leading of the witness the prosecutor got away with without objection.

Trey Meeks’ girlfriend says they were in Chattanooga the night of the murder, but she doesn’t know why, adding it was unlike them to go off the mountain. Trey woke her up at a bridge, she says, and said Malcolm’s dead. But how he could know this is unknown. Brent Myers tesified he too was in Chattanooga at the time of the murder, and when he was waiting for Becky Hill to arrive in the emergency room, he talked to Kirk Braden. Yet how Kirk Braden arrived at Erlinger hospital before Becky is hard to add up — as deputy West states he interviewed Kirk Braden after the ambulance drove away from Malcolm’s Tracy City house.

The silver hammer in Caldwell’s report the witnesses claim is the assault weapon is reason enough for Strain to keep him off the stand – as no hammer was found. The neat prosecutor’s trick of morphing this weapon into a two-foot-long black ball bat placed by agent Davis in two pieces at the crime scene, seems only necessary if one can’t explain how a bloodied hammer was carried away by one’s proposed assailant yet magically leaves no blood trail. As when lab tests from Adam’s car and clothing do come back, they come back clean as a whistle.

Prosecutor Strain told the jury “this is not CSI,” not like on television, presumably where evidence gets gathered and tested. Being quite right in one respect of his failure to any standard of evidence ethics. The truth being, yes it was CSI, it’s just that the lab found no evidence linking their suspect to the crime. So hell with em, what do they know. We all know better, don’t we? We don’t need no scientific CSI mumbo jumbo. We got God and we got witnesses to wrangle. Ignoring long ago that technicality part when Taylor announced in preliminary “if we had to wait on evidence to come back from the lab to proceed, the case load would be “ungodly.” Don’t want to make God mad about Taylor’s case load people. Convict dammit.

 

Had Caldwell testified, the jury would also know the Vehicle Identification number, VIN, he took from the Chrysler on the side of the road where Malcolm’s body was found, didn’t match in any way the VIN of the car received by the lab in Nashville. It’s not that the lab can’t process evidence, it’s that the 12th circuit can’t be bothered with evidence. And why bother if you can convict on testimony alone. So much easier to manipulate.

Brenda Griffin recounts the time Steve Strain told her she had to testify against someone she knew didn’t do it. Knowing full well who stole her car, as her son saw the woman who did. When called to court expecting to testify against the woman, she soon found Strain pressuring her to testify against a man they had in court. She refused and Strain was angry.

Taylor and Davis demonstrate their coercion tactics in an internal TBI memo of the Grimes case, where Davis threatens a woman, saying they, Davis and Taylor, have enough evidence to charge her with murder unless she testifies against another person. It’s unclear how you can have enough evidence to charge one person and then charge another unless they are accomplices Yet not the case here. Or does this just mean you are willing to fabricate a case to threaten witnesses.

The Crown’s Prosecutors in England have a code book – I would like to read to you from it.

We will prosecute independently, without bias and will seek to deliver justice in every case.

We will be independent and fair

We will be honest and open

We will explain our decisions, set clear standards about the service the public can expect from us and be honest if we make a mistake.

We will treat everyone with respect

We will respect each other, our colleagues and the public we serve, recognising that there are people behind every case.

If the case does not pass the evidential stage, it must not go ahead, no matter how important or serious it may be.

As an American It is embarrassing to read this. It shows us just how far down the scale our justice system has sunk.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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