List of Accusations and Theories

***Under Construction*** Due to Blogspot's editor having issues saving my post as a draft, I published this post before I was ready to so that I would not lose it. I will slowly be updating and adding to it until I finish.

As I mentioned in a previous post, I wanted to provide a summary list of the accusations being brought against the involved parties. In the case of the accusations, I have physical evidence to back them up in the form of legal documentation, lawyer's notes, tape recordings, etc. In some cases I will provide a theory on what I believe took place based on evidence that suggests this theory. Essentially accusations have direct evidence supporting them, theories are based on circumstantial evidence and more investigation would be required in order to prove that the event took place as believed. This list may be edited and modified as evidence is examined and as time allows. Even though I was never given the courtesy of doubt, all parties are innocent until proven guilty in a court of law or a disciplinary investigation by state bar association.

Michelle Annette Manweiler ( Claimed victim, VSB licensed attorney, UVA School of Law Alumni)

1. Ms. Manweiler provided emails she tampered with to police

Ms. Manweiler provided evidence to CPD, in the form of email printouts, that she knowingly tampered with in order to produce trumped up charges against her target. While I did contact Ms. Manweiler when I should not have, and fully admit this was stupid and wrong, at no point in time were any threats of violence made against Ms. Manweiler or any family members of hers. I have copies of some of the emails provided to my attorney the day before the Preliminary hearing in July 2006. I also have copies of my former attorney's legal notes, and there is a section listing information on the emails provided by the prosecution. In his personal notes, my former lawyer makes note of a discrepancy on one of the emails and had even asked me during our meeting at the jail if I could explain why this discrepancy exists. I had no answer for him at the time.

However, since my release I have investigated this discrepancy and can now prove that this discrepancy existed because Ms. Manweiler was forwarding email messages to an account made to look like mine and making edits to hide the fact she was doing this. I believe Ms. Manweiler was altering the contents of the message to make things sound worse than what was actually written. I can not prove she rewrote the emails beyond all doubt unless the original messages are recovered, but my former attorney admits on tape that from the first time seeing these emails that I told him there were things I don't recall writing in them. In addition, Ms. Manweiler was forwarding these messages and trying to hide the fact she was doing this - if she was not doing anything wrong, why try to hide it?

I also can prove that Ms. Manweiler was taking individual emails and putting separate dates on each page to claim that I sent more messages than what were received by her. My former lawyer admits on tape that I told him I didn't send as many messages as the prosecution claimed to have in their possession. There is a reason for this - single emails were split up by Ms. Manweiler. In the example I have, Ms. Manweiler has taken a March 12 2006 email and in her own handwriting she recorded April and May dates on page 2 and 3 of this message. Both the April and May emails have a March 12th time stamp on the bottom of the page. In addition, both emails have the same message ID number at the top of the page - something they would not possess if they were two separate messages sent a month apart as Ms. Manweiler claims in her handwriting.

My mother noticed these discrepancies when she was provided copies of the emails by my former attorney. In a tape recording conducted by my mother in a meeting she had with William Johnson (former attorney) a week before my guilty plea hearing, she asked Mr. Johnson about the time stamp and message ID issue. He freely admits that there is a March 12th time stamp and same message ID on both of these emails that he admits Ms. Manweiler dated April and May. When my mother asks him to explain how a March 12th time stamp could be present on April and May emails, Johnson can clearly be heard on the tape to panic and tries to change the subject. In fact he became so upset that my mother tries to go along with him and calm him down, believing that at any moment he might tell her to get out. The likely reasons for him acting like this are brought up in his list.

After my release I tried to determine why these discrepancies existed. It was actually pretty easy. The emails have the same message ID number because they are one email, not two. If you put the "April" email below the "May" one and read them straight down, they read as one email. In fact, not only is a paragraph shared between the pages, but even a sentence is split between the two of them. They read from one to the other. They even say "Page 2 of 3" and "Page 3 of 3" at the bottom of each email. So what date were they actually sent on, April or May? Neither date. In the "May" email, there is a paragraph that references a Sunday after an event in 2006 - UVA's spring break in March. When I looked up the date referenced in a 2006 calendar, it was March 12th - which matches the time stamp on the bottom of the page. 

2. Ms. Manweiler provided false statements to the CPD on my actions during the Charlottesville incident

One of the reasons that the news agencies continued to falsely report that I had journeyed to Charlottesville to stalk Ms. Manweiler is due to the fact that Ms. Manweiler made these very claims to police and at the Protective Order hearings. An additional reason for this is that the the CPD transported me to C'ville from Hampton the night of my arrest and then claimed that I was arrested in C'ville (this is covered in the accusation list against the CPD). Ms. Manweiler lied to police in claiming that I journeyed to C'ville in order to make this situation sound worse than what had actually taken place. At no time did I even attempt to located Ms. Manweiler in C'ville. I couldn't have cared less where she lived and worked there. I was too busy playing video games, working, playing paintball, going out with friends, etc to even bother with that. My neighbor in my apartment (who the police never bothered to speak with) even stated to my mother that he knew I never went to C'ville because I left for work the same time he did, came home the same time and never left my home long enough to even travel to C'ville (we're talking a roughly six hour round trip just in travel time alone between Hampton and Charlottesville) let alone do anything there. In addition, I have my gas receipts showing I never bought more than $10 to $15 dollars worth of gas every week to week and a half, and the bank statements to match - with gas prices what they were in 2006, there was no way I'm traveling around alot on that little amount of gas. I even have my cars mileage record from an inspection and servicing in January 2006, and when compared to what my documented mileage in my vehicle was it shows I didn't drive around much.

All of this means nothing however because Ms. Manweiler has herself admitted in her Victim Impact Statement that I not only never knew her location in C'ville, but that the first time we've even been in each other's presence since graduating high school in 1999 was the 2006 Preliminary hearing.

Obviously I can't have journeyed to C'ville when she freely admits I didn't know her location. Ms. Manweiler not only made these statements to the CPD, but even made these statements at the protective order hearings she attended - and I have been told that she would have been under penalty of perjury at these hearings. On one of the documents from the protective order, it states that victim claimed I was following her around the city - something even she admits later never happened. In addition, in a page of notes from my former attorney that were written at the protective order hearing, he records that the accusation was made that there was "contact in Chalottesville other than through the internet". As I recall, he evens says on tape that Ms. Manweiler claimed I went to C'ville. He would later admit months later that he knows there was no in person contact in C'ville.

The VSB Inquiry

I mentioned filing an inquiry with the Virginia State Bar in earlier postings. I believe I also said I'd post the letter response I received from them. Below these paragraphs are the links to the scans of the two page letter, I have removed my address information as well as the name of the individual at the VSB who reviewed my inquiry.

Basically what they have stated is that unless I have the court declare my plea agreement invalid (which I'm currently working on), they will take no action on my inquiry. They claim that despite providing them with overwhelming evidence proving I was threatened (Prosecutor email with the threat in writing, several documents from my lawyer stating I was being threatened, and even tape recordings with him admitting they threatened me), that it somehow can't happen because there are protections to prevent that from happening.

Those protections do not work, especially when your own attorney tells you those protections do not exist. I was informed by Johnson that if I told the Judge that I was threatened (or said anything that would have the plea thrown out) that all the Judge would do was throw out the plea, we would get a new Judge (the Prosecution made it a point to tell us that the next Judge in line was the "Hanging Judge"), the Prosecution would file the multiple felony counts and that I would spend years in prison (for a felony charge I didn't even commit). I was basically told that no one would do anything to protect my Constitutional rights and that I had better do everything my attorney tells me or else.

I even have the notepad where he wrote "Y" and "N" for where he would point to for my answer to the Judges at both the Preliminary and Guilt Plea hearings, and he stated if I answered different from what he indicated I would go to prison. My (former) attorney is the one who has a law degree and is a VSB licensed attorney, not I. It would be unreasonable for anyone to expect me to know if he's full of it or not considering it was the first time I've ever been involved with the legal system and have not had the training he has had. The simple fact is that he was covering for Ms. Manweiler just as much as the Prosecution (tape recordings to back that up), and he also had a desire to finish this quickly so that he could take his money and run (recordings and his own notes to back this up).

Johnson even went so far as to state that he would not provide a defense for me at a trial, and essentially I would have to hire another attorney for this. However, when attempting to even fire him and hire Ms. Katherine Peters as my attorney (who interestingly enough is now working for Warner Chapman the head C'ville prosecutor) I was informed that Warner Chapman called Johnson up and stated that if I attempted to fire my attorney and hire another one, that he would not only carry out their earlier threat but that come Monday (the guilty plea hearing) he might file the multiple counts anyway regardless of my cooperation (because he was so angry that I tried to fire my attorney) and FORCE me into pleading to all counts. I could not even fire my incompetent attorney without suffering penalties for it. Thankfully I have Johnson not only admitting this happened on tape, but he even goes so far as to say that Prosecutors do this kind of thing to people every day.

The VSB has decided to ignore reality simply because it was not convenient for them to take action. And of course a bunch of excuses follow. Our neighbor, who attended the hearings with my mother, has a son who is a retired Federal Judge. He stated to my mother that it was a "good try" but that he was not surprised at the VSB's refusal to do their job. He has reported lawyers to the VSB before and has been ignored. Even two lawyers I've talked to said not to bother with the VSB, that they don't do anything.

Considering I provided a binder at least an inch thick with evidence and testimony, and not just simply filled out a form, there is no excuse for the VSB to not take any actions regardless of the conviction status. Its just an excuse to avoid doing anything. I also noticed they completely ignored my inquiry against William Johnson, only mentioning his name in the subject line. They even admitted my lawyer should have taken certain actions, yet they still ignored his inquiry.

Once I saw that the VSB would refuse to do anything until I overturned the conviction, it was obvious to me that I needed to reach certain milestones. As for them bringing up the nolle prossed charges, I had informed them that the reason I waited as long as I did to file the inquiry was due to wanting to ensure that those charges could not be used against me by the prosecution to harass me out of withdrawing my inquiry. They had passed the two year statute of limitations on misdemeanor charges and thus those charges were no longer a concern once I filed the inquiry in 2009.

Once I received word from the VSB, I decided it would be prudent to wait until I was off probation before I took any further action. If I filed the paperwork before being removed from probation and the court refused to overturn the conviction, they might try to keep me on probation for the entire five years. As I was released from probation early, that is also no longer a concern. It also gives me some other options.

In regards to plea agreements, Ms. Manweiler had the option to have me sign over my right to own a gun in exchange for a misdemeanor charge - I have been informed that if I had agreed to this option for a misdemeanor (which is what I was willing to do just to avoid the felony) that I could have never recovered my right to own a firearm. But it is exactly as William Johnson admits on one of the tape recordings - that this never had anything to do with me owning a firearm, they just wanted a felony conviction at any cost. Another notch on the Prosecution's belt. The comments Johnson made about a conversation he had with head prosecutor Warner Chapman, have Chapman essentially stating that he could care less about Ms. Manweiler's safety - that he is more concerned about his elected position and not having a finger pointed at him, rather than being concerned with what happens to the "victim".

While having the good behavior time reduced to five years and a pardon after that would restore my rights, I am more concerned with clearing my name and having the charge completely removed from my record - something I can accomplish with what I have in my possession, though it is nice to know there are other options. I was also informed that I can ask the court to drop the felony to a misdemeanor and have everything restored that way, but in order to do so my attorney would have to write Ms. Manweiler a letter asking her to agree to this.

While Ms. Manweiler does not have a say in the good behavior time being reduced, they do ask for her input for the court to drop it to a misdemeanor. If she says no, they will not agree to reducing it to a misdemeanor (though again, they can still reduce the good behavior time regardless of her objection). I'm not about to waste money on a lawyer doing this when I know damn well she'll say no - this is a vicious individual and a "no" is a guarantee. I've never seen one single act of kindness or compassion from this woman, not towards others and definitely not towards me, so I'm not even going to bother with that option.

I was also told Ms. Manweiler could ask for a pardon at any time regardless of probation and good behavior status and it would be granted, but again this is not an option to even waste time hoping for. Even one of the individuals speaking to me about this said he couldn't believe that Ms. Manweiler, upon hearing of my employment difficulties and medical issues, would be cold and evil enough to refuse to let this felony go. I told him he's never met someone like Michelle Manweiler.

This woman had her chance to show mercy before, something that was completely unexpected by me and if she had surprised me with it, it would have shown that I was wrong about her - but she did what I expected her to do, not only refusing mercy but also insuring that I was hammered into the ground by this. I didn't get mercy then, I have no illusions about getting it now.

The VSB response letter:
http://i1002.photobucket.com/albums/af148/TheRottweilers/VSBLetterPage1.jpg
http://i1002.photobucket.com/albums/af148/TheRottweilers/VSBLetterpage2.jpg

As for the blog, believe me when I say that it serves a purpose beyond giving me a forum to talk about this injustice. I'm well aware Ms. Manweiler may be reading it, and it is not a concern.

I may not post for awhile after this. It is far more important to work on the necessary material to overturn the conviction than it is to just sit here writing about it. I might not post again until I have dropped off the motion at the courthouse and gone to the news (unless I get a lawyer first, then I'll post about that). We will have to see.

Myth v. Fact

"The history of our race, and each individual's experience, are sown thick with evidence that a truth is not hard to kill and that a lie told well is immortal." --- Mark Twain, Advice to Youth

This post will be edited and added to as I recall more details. Should it get bumped down enough from other posts, I will post it again to bring it back to the top.

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Myth: It was reported that I had been arrested in Charlottesville attempting to confront Michelle Manweiler over a protective order she filed, and that I had made trips to Charlottesville before.

The Truth: I was arrested right down the road from my apartment in Hampton by two Hampton police officers. I didn't even know there was a protective order filed against me until Detective Rudman told me in the interrogation room. It was an emergency PO that was taken out along with the warrants - they aren't going to tell you about an emergency PO ahead of time because they are about to arrest you.

On the day of my arrest, I had left my workplace with Northrop Grumman in Newport News at 3:00 PM. I had discovered that the Charlottesville police were looking for me while I was at work, somewhere around 10:00 AM to 11:00 AM. I was working on a schematic when I was told that the CPD had called up the NGNN security office to find out if I was at work. Considering some time had gone by since my last message to Ms. Manweiler and I had never threatened her, I was not at all sure why they would pick that time to come knocking. I sent off an email to Ms. Manweiler (that was CC'd to my home email address so I retain a copy) basically in the hope that she'd reconsider (something that I knew wouldn't happen) and tried to remain calm at work.

Unfortunately by the time 3:00 came around I was exhausted - I'm not too proud to admit I was scared out of my mind at that point and trying to hide that from my coworkers throughout the day had worn me out. In addition, I was afraid that the police were waiting for me in the parking lot and I did not want to be arrested in front of my coworkers. So I left at 3:00 instead of 4:00. I worked in a secure building where I had to swipe my badge to get in and to clock out, and had to file my hours worked on each project using a password protected account that required my social security number - so there is more than enough proof to show I had attended work that day and did not leave until 3:00 PM. I was arrested some time around 3:30 PM. Considering that the only way I could get from Newport News to Charlottesville (roughly three hour drive) in a half hour was if Doc Brown and Marty McFly picked me up in their time traveling DeLorean, it is pretty apparent that I wasn't arrested in Charlottesville.

However, if my word isn't enough the police report is public information and will verify that I was arrested in Hampton and driven up to Charlottesville that night by the investigating officer Detective Rudman under orders from his supervisor (it was a deliberate attempt by the CPD to drive me to Cville at night and lie to the media in order to make the situation seem like a bigger deal than it was).

As for going up to Charlottesville, Ms. Manweiler has already admitted that I never knew where she lived or worked in Charlottesville in her Victim Impact Statement - completely contradicting her earlier statements to police. I'll post her VIS later, but I did see that a copy of her Impact Statement is in my case file in the Charlottesville Circuit Court. Not only does the Protective Order paperwork show that Ms. Manweiler claimed I went to C'ville, but my lawyer even wrote down in his personal notes that Ms. Manweiler made these statements at one of the PO hearings (I have a copy of his notes). A person is sworn in under oath in a Protective Order hearing, so considering I have proof that Ms. Manweiler claimed I went to her residence in Charlottesville at the PO hearings and have her admitting in her own Victim Impact Statement that I didn't know where she lived and worked in Charlottesville, there is enough evidence to bring a charge of Perjury against her - which is a Class 5 Felony.

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To be continued...