Joe A Browder Jr
Charges:
Trafficking Cocaine x 3
Trafficking Marijuana within 1000 Yards of A School
Possession of Drug Paraphernalia
Length of Sentence:
10 Years x 3
5 Years
12 Months
All Concurrently
Trafficking Cocaine x 3
Trafficking Marijuana within 1000 Yards of A School
Possession of Drug Paraphernalia
Length of Sentence:
10 Years x 3
5 Years
12 Months
All Concurrently
On September 25, 2004, I was arrested by police on the parking lot of a motel where I was staying In Owensboro, Kentucky. I was told they had made two previous undercover “buys” of cocaine from me. I asked if they had a search warrant or arrest warrant and they said “no”. They searched me and my car, including the trunk, without my consent. I was found to have a small quantity of suspected cocaine on my person plus marijuana and drug paraphernalia in the trunk.
I was arrested and charged with three counts of trafficking cocaine, one count of trafficking marijuana within 1000 yards of a school, and one count of possession of drug paraphernalia - per motion of my Public Defender, Susan M J Martin, the marijuana charge was amended from a felony to a misdemeanor. In District Court, prior to my indictments, Ms Martin also raised the fact that my arrest was warrantless, based on “hearsay” and the result of an illegal search and seizure. I was subsequently indicted on three counts of trafficking cocaine, one count of trafficking marijuana within 1000 yards of a school, one count of possession of drug paraphernalia, and being a second degree persistent felony offender.
Despite my being under the influence of various psycho tropic and mood altering prescription medication, I remember attempting to raise various issues in Circuit Court, pro se, and filing written motions that “disappeared”; such as my warrantless arrest on private property and illegal search and seizure; the disposition of my car and its contents; my desire for a suppression hearing of which I submitted written documentation (in collateral attack pleadings); my ability to afford paid counsel and my thwarted efforts at same; my impaired mental state; my counsel withholding exculpatory evidence from me and from the courts; the marijuana charge being a misdemeanor; the trial judge’s partiality; my being denied access to discovery materials; my counsel’s failure to investigate my case properly; etc.
I was without counsel during the greater pendency of the charges against me and my efforts to obtain hired counsel failed. I was subsequently forced to accept representation by unprepared and conflicting Public Defenders who I had fired in court three weeks earlier; at the time of “trial” on April 29 2005. I stated on record, several times, that I did not want to proceed pro se and that I was ineligible for a Public Defender due to my financial situation. Upon being forced to proceed with a trial and based on the fact that I felt I was being railroaded (which I stated), and based on the numerous adverse circumstances stated above, I pleaded guilty and accepted a plea deal that was twice the prosecution’s first plea offer.
My court-appointed counsel sent me various documents proving mitigating circumstances and exculpatory evidence after the proceedings were over and after admitting to the trial judge that “they had not gone over the discovery”. I received more exculpatory evidence in the form of the case history showing that the court records show the marijuana charges stated emphatically, “probable cause not found at preliminary hearing”. This charge was a misdemeanor, but the prosecutor proceeded with it as a felony, aided by the perjurious testimony of Detective Anthony Meadows and the invalid indictment.
At one point I thought I had a paid attorney, Dan Jackson of Ohio County, Kentucky, and I thought that my V.A. Payee had paid him out of my pension funds (proof submitted in my collateral attack pleadings), until being surprisingly told, in open court by the prosecutor, that Mr Jackson was not representing me.
I subsequently filed a motion RCr 11.42 in the Circuit Court and a supplemental pleading thereto. The prosecution filed a response and I mailed a timely reply. The Circuit Court denied my motion while my reply was still in the mail, which the record shows, and before the expiration of time for same I appealed. After obtaining the Circuit Court videotapes, by order of the Court of Appeals, I filed my supplemental brief, citing excerpts proving various aspects of my grounds for relief. The Court of Appeals affirmed the District Court’s denial, ignoring the bulk of my grounds for relief and not considering my supplemental brief in its order affirming. I petitioned for rehearing en banc; based on the errors by the Court of Appeals; said petition was also denied.
My convictions and sentences are currently before the Federal District Court on Petition for Writ of Habeas Corpus.
March 23, 2010, Joe A Browder Jr., Petitioner
Note: I also suffered a stroke while in the county jail (while awaiting trial on these charges), as the result of deliberate indifference to my serious medical needs on the part of jail nursing staff. I was rendered permanently legally blind in my right eye; have proof of soundness two months prior to my arrest, and expert witnesses. I have had six surgeries; defendant nurses ordered to stand trial; liability insurance carrier for defendants is party in interest (see personal injury claim calculators; settlement calculators; lost limb award schedules).
I am seeking financial help, pro bono or contingency representation.
March 23, 2010, Joe A Browder Jr., Claimant
Joe A Browder, Jr #59560/#186407
Eastern Kentucky Correctional Facility
200 Road to Justice
West Liberty, KY41472
U.S.A.
I was arrested and charged with three counts of trafficking cocaine, one count of trafficking marijuana within 1000 yards of a school, and one count of possession of drug paraphernalia - per motion of my Public Defender, Susan M J Martin, the marijuana charge was amended from a felony to a misdemeanor. In District Court, prior to my indictments, Ms Martin also raised the fact that my arrest was warrantless, based on “hearsay” and the result of an illegal search and seizure. I was subsequently indicted on three counts of trafficking cocaine, one count of trafficking marijuana within 1000 yards of a school, one count of possession of drug paraphernalia, and being a second degree persistent felony offender.
Despite my being under the influence of various psycho tropic and mood altering prescription medication, I remember attempting to raise various issues in Circuit Court, pro se, and filing written motions that “disappeared”; such as my warrantless arrest on private property and illegal search and seizure; the disposition of my car and its contents; my desire for a suppression hearing of which I submitted written documentation (in collateral attack pleadings); my ability to afford paid counsel and my thwarted efforts at same; my impaired mental state; my counsel withholding exculpatory evidence from me and from the courts; the marijuana charge being a misdemeanor; the trial judge’s partiality; my being denied access to discovery materials; my counsel’s failure to investigate my case properly; etc.
I was without counsel during the greater pendency of the charges against me and my efforts to obtain hired counsel failed. I was subsequently forced to accept representation by unprepared and conflicting Public Defenders who I had fired in court three weeks earlier; at the time of “trial” on April 29 2005. I stated on record, several times, that I did not want to proceed pro se and that I was ineligible for a Public Defender due to my financial situation. Upon being forced to proceed with a trial and based on the fact that I felt I was being railroaded (which I stated), and based on the numerous adverse circumstances stated above, I pleaded guilty and accepted a plea deal that was twice the prosecution’s first plea offer.
My court-appointed counsel sent me various documents proving mitigating circumstances and exculpatory evidence after the proceedings were over and after admitting to the trial judge that “they had not gone over the discovery”. I received more exculpatory evidence in the form of the case history showing that the court records show the marijuana charges stated emphatically, “probable cause not found at preliminary hearing”. This charge was a misdemeanor, but the prosecutor proceeded with it as a felony, aided by the perjurious testimony of Detective Anthony Meadows and the invalid indictment.
At one point I thought I had a paid attorney, Dan Jackson of Ohio County, Kentucky, and I thought that my V.A. Payee had paid him out of my pension funds (proof submitted in my collateral attack pleadings), until being surprisingly told, in open court by the prosecutor, that Mr Jackson was not representing me.
I subsequently filed a motion RCr 11.42 in the Circuit Court and a supplemental pleading thereto. The prosecution filed a response and I mailed a timely reply. The Circuit Court denied my motion while my reply was still in the mail, which the record shows, and before the expiration of time for same I appealed. After obtaining the Circuit Court videotapes, by order of the Court of Appeals, I filed my supplemental brief, citing excerpts proving various aspects of my grounds for relief. The Court of Appeals affirmed the District Court’s denial, ignoring the bulk of my grounds for relief and not considering my supplemental brief in its order affirming. I petitioned for rehearing en banc; based on the errors by the Court of Appeals; said petition was also denied.
My convictions and sentences are currently before the Federal District Court on Petition for Writ of Habeas Corpus.
March 23, 2010, Joe A Browder Jr., Petitioner
Note: I also suffered a stroke while in the county jail (while awaiting trial on these charges), as the result of deliberate indifference to my serious medical needs on the part of jail nursing staff. I was rendered permanently legally blind in my right eye; have proof of soundness two months prior to my arrest, and expert witnesses. I have had six surgeries; defendant nurses ordered to stand trial; liability insurance carrier for defendants is party in interest (see personal injury claim calculators; settlement calculators; lost limb award schedules).
I am seeking financial help, pro bono or contingency representation.
March 23, 2010, Joe A Browder Jr., Claimant
Joe A Browder, Jr #59560/#186407
Eastern Kentucky Correctional Facility
200 Road to Justice
West Liberty, KY41472
U.S.A.