Weve come to the conclusion that our trial lawyer Bernie McEvoy was either colluding with the prosecution to convict Tim or threw our trial to punish Tim for not taking a plea deal and making him go to trial. Heres what we found out recently.... Ive explained before that Tim was accused of abuse in two counties, and that the entire prosecutions case rested on the secretly recorded phone call which the police scripted to get him to confess to a crime. Tim never made any confessions, but they sliced and diced the call transcripts to make it look like he was admitting to something. We had three pre-trial motions to redact all references to Clarksville for the Nashville charges and trial. All three of those motions included a story set in Clarksville in which Tim described waking up (in the bed he went to sleep in ALONE) fully clothed with one of the girls sitting on him, also fully clothed. Tim said in the phone call that he was so freaked out by waking up to that that he threw the girl off of him forcefully. The mom (directed by the police) asked him over and over if he could have touched her inappropriately during the pushoff, and he denied that it was possible many times. After a length of more questions she went back to badgering him on this question again. Tim, getting tired of saying no, and letting his guard down a bit out of frustration said I dont know. This was characterized as an admission. When we got to the Nashville trial, we were shocked that this story was in the exhibit. We grilled Bernie on this, saying that we had specifically shown in the pre-trial motions that it was alleged to have happened in Clarksville. Bernie TOLD US the judge had ruled to let it in, just with the lines about Clarksville specifically redacted. Bernie TOLD US that the judge denied our motion and left that story in because it did not describe Tim committing a crime. We sat there in the Nashville trial trying to defend this obvious breach of jurisdiction, and had understood that Judge Watkins had let this error in. COME TO FIND OUT that Bernie lied to us totally. In reality, the judge ordered our pre-trial motions GRANTED. The Clarksville story was ruled OUT of the evidence. Bernie WON that motion, at a hearing 10 days before the first trial that he DIDNT TELL TIM OR ME ABOUT. Yet, when the prosecution entered the phone call transcript with this story in the forefront and put it up as evidence of Tims guilt in Nashville, Bernie didnt lift a finger. (Worse still, the State had edited the story to begin with Tim saying It happened. Tim was referring to pushing the girl off of him at night, but the way it was edited had no reference to what he was agreeing to. It made it sound like he was admitting to whatever the jury wanted to implant there. Still, Bernie sat there silent.) All this time we had thought that the judge made this huge error, when in fact Bernie made it, knew it was his error, blamed the judge, and let Tim be convicted on it when he EASILY could have objected to its inclusion and won it based on the fact that WE HAD ALREADY WON IT. Bernie had made THREE pre-trial motions on taking this story out, and then when he had won it, let it in anyway, for shits and grins I guess. More likely, he had already decided that he was going to let the State win this one for whatever personal, non-Tim-related reasons he had. Bernie McEvoy, our trial lawyer and our ADVOCATE, lied to us before the first trial about the proceeds of a pre-trial motion we filed through him. Tim got convicted on that Clarksville story, which is responsible for 30 years of his original 70 year sentence. BERNIE MCEVOY, Tims own lawyer, paved the way for Tim to be convicted. Bernie McEvoy took $25,000 of my parents money to throw Tims trial. I just thank God we have a chance to add all of this to our current petition. I cant tell you what a helpless feeling it is to watch strange and idiotic people make decisions that affect your loved ones directly and permanently. There we were in that Nashville courtroom, scared out of our wits, and holding on to Bernie like a life-preserver. That life-preserver was made out of 100% lead, and we didnt know it. Bernie should never defend another soul in a courtroom; I dont know where his is or if he even had one to begin with. Were still working on putting the post-conviction petition together, and are hoping that we can get a hearing on the schedule in early 2015. The major holdup at the moment is the court reporter, who even though she cashes our checks right away (these were cashed three months ago), is taking her sweet time getting us the two transcripts we need to proceed. I think the most frustrating thing is seeing all of these chances we had to win Tims freedom that were stomped by people who are SUPPOSED to be helping him. If theres any big lesson Ive learned from this (10000 times over) its to BE YOUR OWN ADVOCATE because relying on anyone else is too dangerous.
Posted on: Sat, 01 Nov 2014 11:05:09 +0000
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