The Llano Ledger


Newsletter Text V110

Accessing The Llano Ledger Website Without Generously Providing Financial Assistance To This Publication Not Only Denies Desperately Needed Funds For Investigative Expenses, But Amounts To Theft Of This Writer's Labor.

BANNER AND POP-UP ADVERTISING PAYS ONLY FOR WEBSITE

*****As repeatedly and strongly asserted on both Ledger websites, this publication receives NO compensation from Maxpages nor the advertisers. None. Banner and pop-up advertising pays ONLY for the website itself, -- a "free" website. People still mistakenly think there is compensation. ... How do I make it any clearer???

Want this publication to continue? Send a financial donation to P.O. Box 997, Buchanan Dam, Tx. 78609. Ask your friends to do the same. Otherwise, The Ledger will not survive. ... When will this readership finally wake up? Think there's an indefinite free ride? Think any business can survive without compensation? Think it's always the other guy's responsibility? Think again. The clock is ticking...*****

**************September 4, 2001***************

Before fully addressing an acutely combative hour and a half with JP2 Duane Nobles, August 30, readers will recall Carolyn Alsobrook began a series of articles on corruption in the last edition. The following is a continuation of her work. This publication is deeply grateful for the time and effort expended and looks forward to much more to come.

Continuation of Ms. Alsobrook's series:

I would first like to make it clear, very clear, I'm not speaking out to trash those who consume drugs or occasionally use any kind of substance including alcohol, cigarettes, etc. ... But to stand up and speak out for myself and those of you who take the rap and punishment because of others who have by CHOICE taken an OATH to uphold the laws of our land, -- our peace officers, supposed protectors of the innocent. Those who have been breaking, abusing the law, the guilty gutless scums of the earth that use us to make themselves look good, make an extra buck, steal our belongings, or dispose of us as if trash for the dump. How many lives have already been taken or ruined?

Getting on as promised last week with the eviction paperwork, consider the following documents:

The State of Texas Civil Citation Eviction
To: Carolyn Alsobrook And All Occupants 614 Link and all other property, Kingsland Tx 78639- You are hereby commanded to appear before me, R.J. Cunningham, a Justice of the Peace in and for Precinct 3, in Llano County Texas, at my office at 108 Chamberlain St., Courthouse Annex, Kingsland, Texas on the 13 day of July, 2001 at 10:00 A.M. in this Cause numbered 0301-388- on the docket of said court, then and there to answer to the complaint of Daniel O'Leary
Plaintiff(s):
In the action of eviction wherein Plaintiff(s) sue for restitution of the following described property and premises, to wit:
614 Link and all other property, Kingsland, Tx 78639-Plaintiff also sues for unpaid rent and cost for such other relief as he/she may be entitled to. A copy of the Plaintiff's Sworn Complaint For Eviction is attached hereto and made a part thereof. Witness my official signature on July 5, 2001. R. J. Cunningham, Justice of the Peace, Pct. 3, Llano County, Texas

You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by the date and time specified above a default judgment maybe rendered against you and could result in your personal belongings being removed from said premises. (This section is required by Texas Rule of Civil Procedure 534, but other laws may effect the manner or form in which your answer may be filed or your appearance entered. In Justice Court, Texas Rule of Civil Procedure 525 provides that if you fail to enter an appearance upon the docket in the Justice Court or file an answer before the case is called to trial, the allegations of the complaint may be taken as admission and judgment by default entered accordingly. You may request a trial by jury upon payment of $5.00 jury fee no later than five (5) days after you have been served with this citation.

Officer's Return
Came to hand on 06 day of July 2001, at 7:00 o'clock P.M. and executed in Llano County, Texas by delivering to the within named Carolyn Alsobrook, 6:00 o'clock P.M., on July 07, 2001, in person, a true copy of this citation (or by delivering a copy of this citation) on ___ at ___o'clock___M. to ___a person over the age of (16) years at the usual place of abode of ____ Defendant, in _______County, Texas.
Curt Tisdale, Constable, Precinct 3, Llano County, Texas

Cause No. 388
Plaintiff: Daniel O'Leary (Landlord's name)
vs.
Defendants: Carolyn Alsobrook and all occupants

(Tenants' name)
In the Justice Court Precinct 3 Llano County, Texas

Sworn Complaint for Eviction
(___) with Bond for Possession
(___)with Suit for Rent

1. COMPLAINT. Plaintiff (Landlord) hereby complains of the defendants named above for eviction of plaintiff's premises (including storerooms and parking areas) located in the above precinct, to wit: 614 Link & all other property Kingsland, Tx.

2. SERVICE OF CITATION. Service is requested on defendants by personal service at home or work or by alternative service under Rule 742. If necessary, alternative service is requested under Rule 742a. Defendants' home addresses are:_____________ Defendants' work addresses, if known, are:______________ Plaintiff knows of no other home or work addresses of defendants in the county where the premises described in paragraph 1 are located.

3. UNPAID RENT AS GROUNDS FOR EVICTION. Plaintiff and defendants entered into a rental agreement for the above described premises, for occupancy commencing on the 1st day of November 2000. Defendants failed to pay the following rental amounts which were due on the following dates: (list amounts and dates): -0-

4. HOLDOVER AS GROUNDS FOR EVICTION. Defendants are unlawfully holding over since they failed to vacate at the end of the rental term or renewal or extension period, which was the ____ day of _____ , 19___.

5. OTHER GROUNDS FOR EVICTION. Plaintiff's other grounds for eviction of defendants are as follows:________

6. NOTICE TO VACATE. Plaintiff has given defendants a written notice to vacate and demand for possession. Such notice was delivered to defendants on the 27 day of June, 2001 by personal delivery or by mail.

7. FAILURE TO VACATE. Defendants failed to vacate or comply with plaintiff's written demand for possession of the premises.

8. BOND FOR POSSESSION. If plaintiff has filed a "Bond for Possession" under Rule 740 plaintiff requests (1) that the amount of plaintiff's bond and defendants' counterbond be set, (2) that plaintiff's bond be approved by the Court, counterbond or early trial.

9. REQUEST FOR JUDGMENT. Plaintiff prays that defendants be served with citation and that plaintiff have judgment against defendants for: possession of the premises, including removal of defendants and defendants' possessions from the premises; unpaid rent as set forth above; attorney's fees; court cost, and interest on the above sums at the rate stated in the rental contract, or if not so stated at the 10% statutory rate for judgments under Article 5069-1.05.

7/5/01 Danny O'Leary Signature of plaintiff (landlord) or Signature of plaintiff's authorized agent 3264 Hermosa Kingsland, TX. 78639 Address of plaintiff (landlord or agent) Day 915-388-4842 & Home 388-5641 Telephone no. of Plaintiff (landlord) or agent SWORN TO AND SUBSCRIBED before me this the 5 day of July 2001. Lori Vickers Court Clerk
*******************************

[Publisher's Note: Readers are advised this website does not provide for the posting of photocopies of original documents. Information from the above documents was typed keystroke by keystroke. Ms. Alsobrook asserts she will gladly make photostats of the documents available to any interested parties. T.C.]

As you will recall from the previous edition, Danny O'Leary and I had a seven-year relationship (engagement), yet instead of his usual kicking-out of my children and me, this time we were OFFICIALLY evicted. First of all, there was no verbal or written agreement regarding our living circumstances, but we were living together as man and wife at 3264 Hermosa for the last two years, after moving out of my uncle's home at 614 Link. The only agreement or plans we had was to get married September 7, 2001. Due to retaliation from his arrest for assaulting me, I was evicted from my home.

Why 614 Link when my residence was in fact 3264 Hermosa? While I was momentarily away from 3264 Hermosa and he was in jail, he had a friend and employee Gary Hendrick (who is on parole for theft), change our home locks. This fact was also overheard by Danny's arresting officer who brought the assault charges. I had no choice but to stay at my uncle's place at 614 Link with my children. ... Forced to leave all my children's and my belongings behind.

How is it that Mr. Cunningham (honorable "judge" he supposedly is) and Constable Curt Tisdale (Danny's past enemy due to theft by the constable's sons of certain items stolen from Danny and me), all of a sudden protect the abuser and not the abuse victim? From the Texas law books I've read, a judge will go to great lengths to protect a tenant with children from eviction, particularly with no just cause from being thrown out on the street. ... Hey, "Judge"? Where's the law applied here? My tears weren't even good enough for you. But Pussy Boy's (Danny's) were? ... "Hell hath no fury like a woman scorned."

Concerning the date of occupancy, it is incorrect. I had returned from Florida two days before Thanksgiving 2000. -- Nearly one month after the supposed date of occupancy listed in the paperwork. Since no rent was owed as indicated in Item 3 listed above, what in fact were the grounds for eviction? There were none. I never received a written notice to vacate from Danny or anyone else. Where is the due process? I've never received or been handed a written judgment, but upon the court date July 13, 2001, Mr. Cunningham verbally ordered my eviction.

After the hearing was finished, they all sat around and talked and I was told I had to vacate the premises within 5 days and remove mine and my daughter Rachel's and son's belongings from 614 Link and all other properties including the marina in Kingsland, Tx.. I was also advised if I needed more time, I could submit written notice requesting same. Why would I want more time? This all started because I told Danny I was leaving him. I just wanted my things, including my dog, Molly, and get the f--k out. He thought if he scared me and made me feel I had nowhere to go and no one to help me, I would stay under his ball and chain. In his prison. At this time after these statements were made by the "Judge", I asked if I could leave and so did.

Even though I received no written court order, I complied with the eviction, but NEVER received my personal belongings, including my dog, Molly, to this day. ... Even with the accompaniment of Llano County Deputies at the time of the eviction and thereafter. Danny made it clear to law enforcement every time I tried to retrieve my belongings, he would not allow me to enter the premises. Even though he stated to the officers that these were indeed my belongings and my dog, and the officers knowing this was in fact true, he would not allow me my possessions, nor the dog. The officers let it stand at that and would not get involved. To date, I have been harassed, stalked, stolen from, manipulated by not only Danny but Brent Nichols and the NET gang. You'll hear more next week about this

Carolyn Alsobrook September 3, 2001
*****************************

Again, thanks to Ms. Alsobrook for the series of articles regarding glaring corruption and abuse in our area. Continuing the JP2 fiasco, the following letter was received August 28:

Duane Nobles
Justice of the Peace-Precinct 2
Llano County
P.O. Box 5
Buchanan Dam, Texas 78609

August 27, 2001

Tim Chorney
P.O. Box 997
Buchanan Dam, Texas 78609

Re: Patrick Lewis and Cause #23173 and #23080

Dear Mr. Chorney,

Your request to view the cases of Mr. Patrick Lewis, specifically cause #23173 and cause #23080 will be granted. If you will call this office at 512-793-2332 we will be happy to set up an appointment with you.

Thank you,

Duane Nobles
Justice of the Peace
Precinct #2
******************

This writer arrived at the "Judge's" office on August 29 to make an appointment. An agreement was made for 10am Thursday, August 30. Interestingly, a friend expressed concern I was being set up. As it turned out, Ole' Duane had apparently arranged additional "support" to be present upon my arrival, -- certainly no "set up", more along the lines of a pathetic ambush, however.

Hell, I had all I could to do to stifle a laugh when "His Honor", leaning up against a table, sternly ordered this writer not to close the outside door to the office complex and refused to shake my out-stretched hand. It immediately occurred to me why would I want to shake the hand of a man, who as a Llano County Deputy several years ago, had beaten the crap out of a then 42-year-old Buchanan Dam woman with a nightstick while her hands were cuffed behind her back?

Readers are reminded this incident was reported earlier repeatedly on the Ledger website. The woman, however, begged this writer not to publish her name, fearing retaliation from corrupt and abusive law enforcement. Not surprisingly, the Sheriff and the Good Old Boys did nothing. Readers will also recall Nathan Garrett, when challenged during a jail tour by this writer, nervously denied the episode. -- Although I had refused to completely relate the story or the woman's identity until it had been thoroughly investigated by this publication, he quickly informed me he "knew" nevertheless what I was talking about and said he would have fired the man had it been true. ... He wouldn't tolerate this type of abuse. ... Yeah, right, Nathan. -- And manure smells sweet, no?

Getting back to the present issue, however, dear Ole' Duane loudly told me to sit down at a conference table. Guess who already was conveniently seated? Another Good Old Boy, Precinct 2 County Commissioner Keith Faulkner. "How 'bout 'dat"? "Who 'could'a', 'should'a', 'would'a' 'thunk' it", no?" All joking aside, it was becoming increasingly difficult to stifle a laugh as time went on. ... Is this the best they had to offer? Readers will recall, the Commissioner was recently excoriated in an earlier edition. Poor Ole' Keith. I had already told him the last time we spoke I would certainly fully publish any response without editing should he care to respond whenever I skewer his sorry ass on this website. Like the "Judge", he doesn't have the guts.

Hell, being the friendly character I am, I greeted the Ole' Boy and asked him how he was doing. Told him further I heard he was going to have a little competition in the next election. Responding, he said he indeed knew Henry Parker was going to run. Interestingly, I had just talked to Parker earlier that morning and told the Commissioner so. Taking the time to remove notes, records, etc.from my briefcase, I asked the "Judge" if he was ready to get started.

"His Honor" glaringly tossed an envelope containing records in front of me, loudly warning this writer not to mix up his documents with my own. ... Hey, Duane? Wake up. Really think everyone's stupid and incompetent but you? Better look in the mirror, sir. The "Judge" loudly asserted how this meeting was to proceed. He wanted to address each and every issue in the letter I had sent him. ... Certainly glad to hear that though, since each question raised was going to be once again asked and a response was expected. -- Indeed, what the hell was I thinking, however, coming from a former cop who made Barney Fife look good?

Incredibly, Nobles proceeded to start with the subject of the letter: "Financial Irregularities-JP2". Apparently, "His Majesty" had taken offense. Tough, isn't it? He wanted to know precisely what I was speaking of. Hell, "Judge", you ought to know better. After all, you've been part of the problem for years as a law enforcement officer. I quickly informed dear Ole' Duane I had no intention of raising anything other than the financial irregularities in the present two cases cited in the letter. --Further instructing him I also had no intention of revealing other sources too frightened of corrupt and abusive law enforcement to publicly stand up.

Nobles then pathetically pointed to the salutation and the word "Dear", asking if I normally began every letter in such fashion. Thinking I was dealing with a lunatic, I pointed out letters from his office beginning the same way. It's standard business practice and informed "His Majesty" so. He then pointed to "Mr." Nobles, complaining he was to be addressed as "Judge". Sad, isn't it? I quickly informed this "jurist" there is indeed a First Amendment. He sheepishly agreed. Continuing further, I strongly indicated to him this was not a court session. He also loudly proclaimed there was to be no tape recording of the meeting. I firmly responded I never tape. I don't do business like that. ... Felt like adding, though, I don't secretly tape like his corrupt and abusive officers.

"His Majesty", again raising his voice, further attempted to assert how I was going to treat this story. Equally loudly, I told him he was not going to tell me how to run this publication, and asked if he was attempting to intimidate me. He responded no. Well, hell, "Judge" you and your cronies ought to know better by now anyway. This writer is intimidated by NO one. Forcing the issue would only lend further credence to your Barney Fife image. Would certainly give this publication additional fodder, no? ... Hey, Duane? Who the hell you think you're dealing with anyway? A hapless, abused defendant at your mercy? One of the victims dating back to your law enforcement days? Wake up, sir. Intimidation doesn't work. This is the United States, not Nazi Germany. ... Or have you forgotten?

Sadly, Nobles and I spent at least twenty minutes arguing over the discrepancy of the offense locations on both tickets involving the stop sign violation. At first, I thought Ole' Duane indeed had reading problems until I finally looked at the originals of both tickets he had in his possession. They were NOT identical to the copies that had been issued to the defendant. Interesting, isn't it? Someone had conveniently altered the original ticket No. 6441 after the fact.

"@Co Rd 203" was added to "FM 1431/261" "No DL -" was added to Other Conditions, despite the fact the driver's license number was clearly listed under DL number. "545.153" was added to Code. Interesting, isn't it? Undeniably, the original ticket itself had been altered. No question.

When further interrogated, both Nobles and his assistant Pat White asserted the second ticket, #6077, may have been issued due to a Disposition Report that had allegedly been attached to the original ticket and may have prejudiced a jury with the remarks on it: "Details of Arrest or Court Decision: argumentative-threatened to drive away before officer through w/citation." Nobles provided this publication with a copy of the altered ticket as well as the Disposition Report. The Court Docket Number is 23173 and corresponds to the cause number in other paperwork provided by the defendant. This Disposition Report is critical, since the defendant asserts he was not provided a trial by jury, despite having paid the $5 jury fee.

(Continued On Newsletter Text V111)

Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609

llanoledger@mailcity.com

Page Updated Tue Sep 4, 2001 12:40pm EDT