The Implication of Sheriff Morgan’s Over-generalization & Colossal Rush to Judgement

As I have been saying for 3 years, Sheriff Morgan is no criminal investigator. He develops a theory and with tunnel vision. To the exclusion of actual facts and evidence, he plumps up his cheeks and gets in front of the media and touts his own truth. This is what happened in the recent triple murder of the Smith Family. He claims, “this is witchcraft”. Thankfully the public knew enough not to believe it. That has not always been the case.

On July 27, 2009, Morgan staged one of many national press conferences and with all the drama he could muster, he told Ashley Markham, “We found them (the people who killed your parents)”. He hugged the sobbing woman, resting his head upon hers in an embrace, of course, at an angle so that there is good exposure to publicity shots.

morganashleymarkham

This very act should have been the first red flag. How many victims has Morgan ever touched, much less hugged?  He clearly had an agenda as did Ashley. They shared secrets as to what was really behind this crime. Sheriff Morgan–at the time of this shot–knew Justin Billings had gunshot residue on his hands the night of the murder. He knew there were 2 vans. He knew there was more likely a bigger picture other than the scenario he followed. He exemplifies that in this video.

Ashley knew that the only witness to the murders, her brother with Down’s Syndrome, when asked who committed the crime, kept signing “brother” ie Justin. This child did not know traditional sign language. He knew baby sign language, which is signs for things rather than letters. There was a sign for “Mom”, “Dad”, “Ashley (sister), “Justin (brother) that are unique and different from any other signs. This boy signed his sign for Justin over and over. Now the social worker who interviewed the boy did not know the sign, but April Spencer, the nanny, Ashley & Blue Markham and close people to the family did. Ashley conveyed this to someone close.

By brandishing this knowledge, Ashley used this lie to stave off any claims by Justin to the estate. While that is despicable and psychopathic, the real crime is by Sheriff Morgan is lack of ability to run an investigation. Whether this is willful or just pure ignorance, he uses this same pattern of behavior. He eliminated Bud Billings’s work life as a possible murder, immediately. He did the same with the triple homicide, he dismissed the fact that Homeland Security and Richard White’s position as a Cyber-crimes expert with a high security level. Point blank, it is too premature to eliminate any angle. Yet he has done just so by focusing on this farcical theory of “witchcraft”.

This is such a miscarriage of justice because as author, occult expert, Michelle Belanger says in her rant on Facebook,

The biggest problem in Pensacola right now is you got a Sheriff who is jumping to all kinds of conclusions. He’s creating his own kind of red herrings. …My other problem with Sheriff Morgan is, your average person doesn’t know what a Wiccan is, doesn’t know what a Pagan is. They hear these words from an authority figure, like Sheriff Morgan. What he is doing, either through his own ignorance or his own willful misdirection of the actual facts of the case. He’s betraying the trust that people have put into him……..He is misleading people who he’s their only source for whether or not that’s true. And because he’s seen as an authority figure, they are not going to go out and Google to find out that he’s actually talking out of his posterior in a grievous way that could honestly incite hate crimes.

Welcome - Michelle Belanger.clipular
I absolutely agree. There is probably no real way to undo the damage Sir David’s misinformed words on both these cases. He has set the tone for every perception every person in Pensacola will ever know of these two cases, as misguided and out of rhythm those  perceptions are.  The thought of Bud Billings being killed by a family member or business associate is far more plausible than the theory of crime as the state prosecuted it.

In the national news footage, Morgan acknowledges there is ties to drug cartels. That is suppressed. It is also mentioned that Down’s boy described how Bud grabbed the man who fatally shot him by the neck. This is corroborate below:

DNAEXCERPT_Page_06

dna except excludedjpg_Page_21

This, IN AND OF ITSELF, should provide the reasonable doubt.

Another Dead Sparrow………

Sing me the Song that the Dead Sparrow Sings

Sing me the song that the dead sparrow sings: the poor bird that struggles to fly broken wings; 
Broken and torn then – and here comes the storm: He cries out and tears fall and he longs for warmth.His song is of Hatred and rarely Love, And how he was always mocked by the doves: 
The robins that taunted the blue jays that bit: He took in so much he didn’t know of it: 
The chickadees all pecked thus his talons were worn… he lay there all tattered in the middle of his storm. He longed for glory, for love and respect; And when he didn’t get it he didn’t know the rest. 
What else was there in life; other than their eyes… The little things a bird sees before he dies. 
Little one, little one don’t cry for long. The sparrow, he’s singing, his lonely song. 
Little one, Oh, Little one, Don’t shed your tears… The sparrow will love you, there’s nothing to fear. 
Little one, little one, little one be: Listen now, hush now, listen quietly: Here it now? There it is, the Dead Sparrow’s Song. His words speak of dead dreams and things that went wrong. 
Of dark skies and gray clouds of screaming and blood: Of being constantly thrown into the mud. 

Pamela Laverne Long Wiggins died on July 22, 2015. She was the only woman convicted in the Billings Murder case.
In early June this year, I found a dead sparrow at the foot of my deck.  Now I don’t know if anyone knows  the superstition of the sparrow. There are variations. Like, if a sparrow flies in your house, someone will die.  Another on is if a sparrow knocks on your window and looks you in the eye, this is a message of death to come.  A dead sparrow is the most traditional message though. Sparrows die if they are abandoned by the flock. The implication is that if a child of God separated from God, it will die as well. One cannot live without Him or his flock.
This may seem silly but, in fact, I knew the symbolism and the fact I have what seems like a million cardinals, robins, finches etc in my yard and have not seen a sparrow. The dead sparrow is conspicuous when you see no sparrows. The timing was, again, uncanny. There was a great deal of death looming. Leonard (Lenny) Gonzalez Sr was dying and I had just found out that Pam was dying as well. Indeed, death was coming. The middle of June Lenny died, as no surprise and with some sense of relief, as his suffering was great.  Last week Pam died.
This is a troubling thing because with her death a bunch of truths die. Pam was played by people and the very most by her would-be husband Hugh Wiggins, who hung her out to dry. Pam got an immunity deal. Did anyone know that? She got a similar deal to that of Hugh. Then the State of Florida hit her with additional charges not covered in the “deal”.  Mighty white of them. Hugh orchestrated this deal in the illusion of keeping her safe. She was a part of what happened to Billings’ to some degree. She knew what happened.  She was seen looking over a fence after the murders looking for Justin Billings. This was seen by people but never noted. What did Justin have to do with this?  Considering he had gunshot residue and the emotional composure of a judge right after his parents were brutally murdered, I would say a great deal. Also, the people closest to the family and Justin days after came back to Sheriff’s office to say that after his interviews with deputies, Justin said and did things to make people believe he was involved.  This is never mentioned by Sheriff Morgan as he is consoling Ashley Markham on press conferences, who also believed that her brother, Justin was involved.  Again, not ever mentioned.

WALA wrote this about the Sir David and his statements in the Billings Murder case.

Morgan said he ran for sheriff because the department needed leadership.

“There aren’t any bad organizations. There’s bad leadership, and that was certainly true here,” Morgan said. “It was not the rank and file, it was not the men and women assigned to this agency, as much as it was a lack of leadership.” 
Morgan was on the job just six months before Byrd and Melanie Billings were murdered in July 2009.
“At no time did we find any evidence that Byrd Billings was ever involved in any criminal activity that would of made him such a target for such a brutal murder, for he and his wife,” Morgan said. “He was the victim of a crime, not the subject of a crime.”

Morgan agrees with the state attorney that the primary motive for the murders were visions of grandeur with the money and home invasion robbery.

Morgan said the case garnered an unbelievable amount of media attention.

“You don’t understand how big it is when you’re in the middle of it. I knew it was a big case the morning I showed up for work and there were nine satellite trucks in the parking lot,” Morgan said. “I know on at least three occasions they broke into regular programming for updates on the Billings case.”
The attention included international contact from people concerned about the “special needs kids” the Billings left behind.
Morgan said surveillance tapes from the house provided information and is one of two reason eight suspects were quickly arrested. 


Morgan said his people made the first seven arrests within four days, and the eighth arrest was just hours later. 

“We solved the case that quickly because we created a marriage with the media in the case by getting information out very quickly,” Morgan said.  

Commentary:

1.  I absolutely agree about the leadership. The subordinates follow what they see. In the case of all the bad behavior of the deputies as of late, one can only infer what the “leader” is doing.
2.  If there was no evidence that Billings was “ever involved in criminal activity”, then the deputies really were Keystone Cops. Bud Billings was a loan shark if nothing else, but we all know he was into much more. If there was NO sign of criminal activity, then that was the first red flag. Someone was covering up a hell of a lot.
3. Sir David was in office just 6 months when his glorious moment came. 9 satellite trucks? Morgan said. “I know on at least three occasions they broke into regular programming for updates on the Billings.”One can only speculate the tremendous pressure that came with this case. It is the biggest case since the King Bros.–probably bigger.

4. The videotape. There are so many things to say about the video. It was grainy. The FBI in Quantico, VA could not produce any enhancement to the video. The images were not clear and COULD NOT BE MADE MORE CLEAR.

Kristopher Blom Deposition
Technology Expert for the State Attorney’s Office 

  • People were told what was on the tape by Sir David. This was told to the media who took it and reinforced the narrative they were fed.
“The human understanding when it has once adopted an opinion draws all things else to support & agree with it.”–Sir Francis Bacon

 

Moral of the Story:

People die because of an ill-conceived theory that is not properly researched. Two deaths so far and not one person ever investigated at least one suspect.

Can this case ever be solved? Probably not.
Corruption and Sir David’s shiny smile were more important than justice.

“NERO FIDDLED WHILE ROME BURNED”
MARY FRANCIS GYLES

Continue reading “Another Dead Sparrow………”

Corruption & How it Affects Pensacola

Corruption is a word people use but do not fully appreciate. Corruption means deviation from morality, honor and duty. It destroys political legitimacy. We have a system in place that puts trusted people in positions to make decisions for us and to keep our society the place it is. When that trust is severed for personal gain, we all lose. Not only have we been duped by a con-artist, but we have been  robbed of our ability to discern who is for us and who be against us.

A case in point is my interest in the Billings Murder case. As a person who wants to not only understand the tragedy of the murder of these two people, but to understand how the disposition of the case could have gone so horribly wrong. What evidence led to the incarceration of 8 people whom the state claims to be guilty, when the initial evidence points to an entirely different direction? Whether you believe my questions are legitimate or not, if I am barking up the wrong tree, whose time am I wasting besides my own?

Victimology is essential to law enforcement. Why was this person killed? Was it greed? Jealous? Business? Insurance Money? These all help gauge who committed the crime. Bud Billings lifestyle must be understood.  Here is an excerpt that perfectly describes the circumstance of this  case.

 “The Proximity hypothesis suggests that crime is less a function of life-style, but rather is based on close proximity…In a related concept is the equivalent group hypothesis, which points out that criminals and victims overall share similar characteristics because they are not entirely separate groups. People who commit crimes are probably at higher risk for victimization, both because of proximity to other criminals and because of their own lifestyles, which involve going out at night and associating with other young males who are involved in crime. In such associations, they place themselves at risk for becoming the victim of crimes themselves. Some support for this concept comes from research that indicates that crime victims as a group self-report a high amount of criminal activity. This hypothesis does not indicate that all victims are criminals, but that criminals as a group are at higher risk for becoming victims at some point because of the high-risk nature of their activities and associations.

So when I reached out to Andrea McDermott to gain some perspective as to what the situation around the family was at the time of the murders, I was surprised to get a response. It must be understood that I have reached out to everyone. Very few people respond for one reason or another. I told Andrea I got Bud’s FBI file last week. I am aware of the his conviction for trafficking in stolen vehicles in 1987 and some of the other “loosy lou” practices he had with odometers and cars that he acquired that “fell off a truck”.

I also shared my on-going suspicions about Justin and Blue. Andrea felt similarly. She asked me what I planned to do with the information she was giving me and I said I was looking for the truth, which is the truth. She reluctantly started sharing her perspective looking at the family from the standpoint of someone within the inner realm. After all, as Melanie’s lifelong friend, she was privy to many details that were innate to the family that strangers may never know. Certainly, she was unsettled by the dispensation of the case. There were elements that just did not jive with what she knew to be true and now her friend has been murdered and every fiber within her was screaming “there is a misrepresentation of the facts”. So when I asked questions, she answered because she believes people, who were at least accomplices in some capacity, got away with murder. She discussed things with Rick Outzen who wrote an article hinting at things but he never put the concerns she had out there. We all know Outzen’s integrity.  He wants the truth but only if it does not reflect badly on his buddies, Eddins and Morgan, which this would.

Andrea began telling me about how Bud’s bad heart and age had made his dealings in the car business laborious. He planned on shifting it to Blue and Ashley. After beginning to do just that, everything started falling apart. He realized they did not have ability to maintain this business and his hands in money laundering, which is a common knowledge fact among everyone around Bud, required that this business run in perpetuity to fulfill his obligations with Mexican criminal elements, or cartels. Ashley and Blue were going to get him killed, screwing with the Mexican’s money. So he took the business back from them. Blue and Ashley were on the verge of divorce. Blue was losing his “gravy train”. Bud’s intention was to sell off his business because that would be the only way out of his debacle.

Now the speculation comes in here. Do the cartels get nervous about the business changing hands with their participation woven into the fabric of the business or could Blue and Ashley have put their differences aside to try to reclaim the business from Bud? Either scenario creates a concern about Bud. Murder has been committed for far less motives than ensuring the perpetuation of financial stability by the cartel or Blue and Ashley.

Add another dimension to this. Justin. What is Justin’s story? He had a fight about a week before where he was relegated to a trailer on the property–not to be in the house. What was the fight about? We can imagine money or Justin’s future as a 20 year old. There are a number of different things that create friction between a father and his son. But what makes this situation different is the reasoning of this fight. This fight was about Justin inappropriately touching of one of the special needs girls. That was the fight and is a pattern of behavior that spans back to inappropriate acts with Nikki, Ashley’s daughter with CP. There was an inappropriate relationship that was there that made military school necessary to get Justin out of this house. At roughly $2-3K in SSI, state assistance via cash and food stamps PER KID, if someone in the house is “suspected” of inappropriate behavior, those kids are going to be taken by the State. Justin was a loose cannon and a liability to the family.

This becomes a Pandora’s box of issues within the house. Over the years, Bud was accused of inappropriate sexual conduct with some of the older girls in the house. Ashley made the statement to people that she had been raped as a young teenager. Sex abuse does not “pop” up in a house. It is typically learned behavior. People who were sexual abused will either sexually abuse others or they will internalize their rage and self destruct without proper therapy and in some case that happens in lieu of therapy. So to hear that Bud was accused in the past is not unbelievable because both Justin’s and Ashley’s actions are manifestations of sexual abuse and the common denominator is Bud.

Actions taken by Justin immediately after, led the people closest to him, Ashley, Patricia Bosco, and Cambra Lee, question whether he was involved. They all accused Justin to the police regarding his behavior prior to and after the murder, but no one has to take their word for it. Look at the Youtube videos. Within minutes of his parents’ brutal murder, Justin is calm, emotionless, talking a bullshit story and when tested, he has gunshot residue on his hands. A thing that is not easily transferable. I found this info on the FBI.gov site (https://leb.fbi.gov/2011/may/the-current-status-of-gsr-examinations).

  …A comprehensive analysis of the sample can eliminate false positives, leaving GSR as the only possible source. In this area, recent research and studies in the search for false positives have only brought about increased confidence in characterizing particles as GSR.

Justin showed up after deputies arrived. That is documented. He had neither access to the gun at his parents’ home (as he contends) nor the bodies of his parents that are the only reasonable explanations of transfer gunshot residue. In the absence of that, the trace amount is pertinent. The deputies dismissed this because of an overgeneralized understanding of the crime scene and a flimsy excuse of handling of fireworks. In some cases, fireworks have some forms of gunpowder in them, but the testing used would not pick up this type of powder as it is organically, chemically different that true residue left by a fired gun. Primarily different in the shavings of metal that are microscopically ejected in the process of firing a gun. An excerpt from the following book, can more carefully explain this fact.  Scientific Foundations of Crime Scene Reconstruction: Introducing Method to Mayhem, By Jon J. Norby

So you have these people in the inner circle of Bud Billings who had issues with Bud. To eliminate them WITHOUT investigating any angle or scenario pertaining to them is just reckless. Law Enforcement 101…the people closest are the ones who are more likely to be involved in any act of violence. They have intimate knowledge of people, routines, possible reactions and overall circumstances which can be exploited in opportunistic timing. That is not just TV logic. That is criminalistics.

Color me surprised when Andrea mentioned to me that she had been warned that talking to me may not be a good idea. Why? I am just looking for some understanding of the crime. Who is ok with a justice system that allows people involved in a murder to go free? Is it really wrong to want to see the guilty people punished? In this case, new people, implicated into the crime means that some of the people accused were wrongly accused. I say this because we have X number of participants in this crime. If you put the people that admit to being there, the ones linked to the crime by corroborating evidence (not false confessions) and people now believed to be involved, knowing the circumstances of the family, the entire narrative put out for public consumption, begins to fall apart. The next question is why? Why was a false story with bits of truth sprinkled delivered to the media? Why would law enforcement (ie Sir David) misrepresent facts about this crime? Why is it a problem to bring the actual facts to light? Who benefits by not investigating this crime?

Let’s go back to these pictures:

imageslarge_EscambiaSheriffhavefoundtem21

 

Outside of this case, how many times have you seen Sheriff Morgan hug and console a grieving family member after a murder? I would wager that number is zero. If the public did not know it prior to this case, these pictures speak volumes.  There seems to be a personal relationship here. These people were not strangers thrown into a situation who were not known to each other. Pensacola is a small town. I can link together one particular link in Arety Kapatanis. Arety was a supporter of Morgan’s first election and she was close to Bud Billings. Had someone come to Morgan with the best interest of the family, perhaps in a PR situation, asking that the family laundry not be aired in this investigation? Possibly. But that should not prevent it from being investigated.

I can understand trying to preserve family dignity completely and maybe as a favor, Morgan agreed to spare a family as well as other people close to his money (ie Arety) from the public ridicule of having to put the Bud’s businesses in public like the career of laundering money, the entire business with the cartels, the “inappropriateness” of relationships in the family, Ashley’s marriage that is falling apart, Blue being halfway out the door after the business debacle and the other general family dysfunction. This is the general state of the family at the time of the murder, according to Andrea. Why wouldn’t she have reservations when none of these things have been looked at and had to have something to do with the intimacy of this crime?

The damnedest things about all of this is that Andrea, like myself, can’t seem to express these concerns because of a narcissistic Sheriff who slam dunked this huge case in less than 1 week’s time. He did this without a point person heading the investigation effectively, without records of interviews, without investigators conferring with each other and all of them on their own little mission within this three-ring circus and while Morgan is making hourly appearances on the news. Suddenly while people are scrambling around a phone call comes from a man who is concerned the van on TV is his that he sold to Terri Poff. But the truth of the matter is they have a van in close proximity to the crime scene that is abandoned. They already have it.

Being good investigators, someone checks it out. They approach a mentally unstable man who has been up for 3 days cooking meth in the van they are looking to investigate. Of course, his reaction was panic. Of course, he was trying to cover it and after seeing the news, he thinks he is going to be linked to this murder. He’s a paranoid schizophrenic. He would have thought he was being linked if the van had looked nothing like the one on tv. He was high and paranoid. During this time frame, Patrick’s  (Gonzalez Jr.) name came up in the ECSO. This leads to a shit storm of speculation of involvement. Then after hours of interviews Lenny confesses to the crime in some way. He would have confessed to most anything after the number of hours of interviews, which were unlogged, catalogued or recorded in any way. This is the point where just enough truth and speculation merge with opportunity. I say that because no one could predict the reaction, sleep depravity and severity of the mental illness of Leonard Gonzalez Sr. That was pure luck and it was the catalyst that propelled the story of Morgan’s first official high profile case, that was solved with all the deputies going 60 different ways up until the moment Tama Barber swears, under oath and cross-examination, that they encounter people telling them about the suspects on TV. A measure of ye Old Sheriff that corrupts the investigation by having everyone and their mother seeing and knowing something. It also denies justice when people who haven’t even been questioned are put on TV and asserted as being the people who did this horrible crime. From that point on, investigators chase the story on the news to which they find enough truth to railroad 8 people while leaving the people with the motives, Ashley, Blue, Justin & Cab, and people with incriminating evidence in their possession that cannot be explained away, Hugh Wiggins, who had the gun, bloody gloves and the only thing taken from the robbery. Would you find comfort if this were the case and it was your family on a slab? Why would anyone think Andrea’s questions or mine are a threat to anything? If we believed space aliens did this, no one would give it a second thought, right? But because the speculation IS possible and because this does make sense, it threatens the status quo of what Pensacola knows about this crime. It also dents Sir David’s armor that he shined up real pretty for the cameras. Would he really look back at his investigation as a genuine effort find justice? HELL NO!

Honor for Sale

integrity-p

In researching the Billings’ murder case—one of the biggest and highest profile cases in Pensacola—it became apparent to me that corruption in the government, the “Good Ole Boy” (GOB) system of governmental cronyism is not reserved for just the politicians. One of the most audacious aspects of this case is the lack of journalistic integrity and “stick-to-tiveness” that is exhibited by the media. One particular, Mr. Outzen, also known for his title as “repeater” rather than “reporter”.  Mr. Outzen calls himself a man of integrity in a high profile interview with a high profile publication in reference to this case. He has also shared with me his thoughts, ideas, and knowledge from that time. It seems Mr. Outzen believes very much as I do. He confirmed the role of Hugh Wiggins as a gunrunner. He confirms that Ashley Billings Markham was screaming at the top of her lungs at the crime scene, “He did this. He killed my parents,” pointing to Justin Billings the night of the murders.

This passionate accusation turns out to be a valid theory. Mr. Billings had GSR on his hands that night, a very weak alibi and first & foremost, the absence of any emotion that was so glaring to investigators, he was initially the best subject. That is until the intervention of Mr. Craig’s narrative released to the press which deviates from all evidence but is pushed and released as fact to the press. Mr. Outzen confirms the “high probability” of that being the case scenario to me in a private conversation, in January of this year. Outzen acknowledged my theories as fair, accurate, and as likely as any theory provided by the state in this murder. This really got my attention since Mr. Outzen was on the inside track of this case and had access to the crime scene the night of the brutal murders.

But when I asked this “seasoned” journalist who waves the banner of his family’s roots in the civil rights pursuit, why he never broke this story that was so jaw-dropping and could have made his career, I received a bunch of nothing answers, ultimately culminating on him threatening to sue me for quoting him in a book I published on the Billings Murder. Why such overkill? Turns out I was not privy to the fact, Mr. Outzen had a love of the Honorable Sir David. When I asked about this relationship tinting his duty as a journalist as well as the dirt Sir David has on Mr. Outzen, he became very defensive. He then proceeded to tell me he’d sue me for quoting him in my book.

Six to eight weeks later, I got a letter in the mail from Mr. Outzen’s attorney- a CEASE & DESIST letter stating I was to pull my book from sale and pay him $25,000 for my “infringement” of his copyright material. I was to sign a statement to never to it again. To which I penned this letter:

April 9, 2015

Mr. Stevenson,

In response to your letter dated April 2, 2015 regarding copyright infringement that I allegedly inflicted upon Rick Outzen in my book Conjuring Justice: Proof One Person Can Make a Difference, this is my official answer to such allegations:

The portion of Mr. Outzen’s article posted on Rick’s Blog & Independent Weekly was shown in my book as the only publicized description of a crime scene and the 9-1-1 call. These statements are factual events Mr. Outzen was the sole beneficiary of as specific description of the actual events were squashed by the Billings’ family. Mr. Outzen’s description of the crime scene was of little to no artistic license and more recollection of facts not released to the public. My quoting of his details was for the benefit of reporting or describing the scene of a crime that many people were not fortunate enough to have been privy.

My use of Mr. Outzen’s work did not affect the financial gain of Mr. Outzen’s article as it is posted in various publications free in the public domain. My financial gain was minimal on this book with his description being merely an insignificant portion of book. His description merely adds 3% of the totality of the book in which its own means to identify a factual event in a factual case.

Pursuant to Maxtone-Graham v. Burtchaell, 803 F.2d 1253 (2d Cir. 1986), cert. denied, 481 U.S. 1059 (1987) & according to Columbia Law School teaching, the following criteria is met in my use of Mr. Outzen’s description of the Billings’ crime scene:

  • “Purpose: Although defendant’s book was published by a commercial press with the possibility of monetary success, the main purpose of the book was to educate the public (about Billings’ Murders & the author’s views). Though errors in the copying of the original work could weigh against fair use, pursuant to case law, the court found the errors to be of little significance. Overall, this factor weighed in favor of fair use.
  • Nature: Though the plaintiff’s book contained “elements of creative journalistic effort,” it was said to be largely factual, weighing in favor of fair use.
  • Amount: In precedent, the court resolved that quoting 4.3 percent of the plaintiff’s work was not excessive.  The verbatim passages were also not necessarily central to the plaintiff’s book.”
  • I used 1714 words out of 48,547 entire words within my book, which accounts for less than 3% of the entirety of the book. While this amount is a great percentage of the article in question–2506 of the article composition–of that 2506 words, 1128 words are transcribed, 9-1-1 records which although copyright protected within the article, are not private property and do not rise to the level of infringement. The remaining 586 words are again reporting of things notated in a report of factual recollections of Wayne Wright, crime scene investigator & Deputy Walter Johnson. These accounts are not artistic expression; they are findings of professionals on the scene which does not fall under copyright infringement.
  • The reporting of the conditions of the crime scene and the bodies is presented in my book, to provide a scene that is important but not foundationally substantive. It is also only one privy to, Rick Outzen. Mr. Outzen gained this privilege through political favors with Escambia County Sheriff David Morgan who holds a monopoly on all crime scenes within his jurisdiction. No accurate portrayal of the facts was ever presented to the public for understanding of the crime scene. This also makes constitutes the journalistic value of the information used to be free of artistic expression and copyright infringement.
  • “Effect: The court found no significant threat to the plaintiff’s market. Indeed, the court noted that the plaintiff’s work….was not likely to appeal to the same readers.

**Conclusion: This case sets precedent which affirms that quotations in a subsequent work may be within fair use, even when they are lengthy”

 Copyright Advisory Office Case Summaries. Columbia Law School, n.d. Web. 7 Apr. 2015. <(http://copyright.columbia.edu/copyright/fair-use/case-summaries/#summaries4&gt;.)

A direct quote of Mr. Outzen was, “I can’t stand to think someone could order a killing and get away with it.”  This statement alone demonstrates shared interest in the facts of this case. In numerous communications prior to this melee, Mr. Outzen also reinforced his commonality of theory and like-mindedness with the basis of my book. We had the same purpose. In light of the legal maxim, Nemo potest mutare consilium suum in alterius injuriam, (No one can change his purpose to the injury of another) the standard for copyright infringement, in this instance, would be changing of the purpose of the initial article from being factual reporting of an actual murder with journalistic integrity to a work of artistic prose with creative measure not intended to be seen as journalistic in nature.

Please take notice that the implicit understanding throughout this strong-arm attempt by Mr. Outzen was the unwillingness to permit questioning of his integrity in this case as well as possible exposure of personal favors received by Mr. Outzen’s mistress, Sena Maddison in the form of an unearned position within the ECSO. Thus violation of fair use within my book became the only effective means for Mr. Outzen to meaningfully monopolize information given to him in a case where protecting his political alliances became paramount to journalistic integrity. My exposure of this lack of integrity is the fuel that is the fire in this cease and desist action. I will not sign any agreement or pay fees used to extort me for my silence about his extramarital affair.

Any other correspondence on this matter is to be sent to Attorney Marie Mattox and will be deemed harassment for whistleblowing retaliation in the investigation of the Escambia County Sheriff’s office. Mr. Outzen is an agent of Mr. Morgan. Any further action on Mr. Outzen’s part in reference to this matter will be deemed as such.

Truly,

Jimmie Staley

The Dastardly Davids

In looking into how the craziness of the “official” state version of the events of July 9,2009 unfolded, one must look at the testimony of the investigators. In a sworn deposition of Chris Baggett and Tama Barber in 2010, these two investigators said that the 48 hours of the investigation, Justin Billings as well as other members of the Billings’ family were the prime suspects. The Escambia County Sheriff’s office had GSR on Justin Billings’s hands, albeit trace, it is still incriminating.  They have an abandoned van at a weigh station in Alabama that appears to be the getaway vehicle.

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Then a man name James Hartsfield comes forward to say that he thinks his van was used in the murders, as he saw it on TV. This leads to Terri Poff and then to Patrick Gonzalez Jr and Leonard Gonzalez Sr. When deputies showed up at Sr’s house, he had been up for 3 days cooking meth. He freaked out when there were deputies at his door as most men would.  Then in the course of investigating Sr and his peculiar affect, another van is found on his property that also resembles the one at the weigh station. This is roughly 72 hours into the investigation.

According to a deposition by Tama Barber, a now newly promoted Sheriff’s department employee, the news outlets were telling a narrative and showing faces of people involved that the deputies had never seen. They had not heard the name “Gary Sumner”, “Frederick Thornton” or many of the others listed except for Jr and Sr.  Because of the chaos and the number of hands of different law enforcement agencies, such as the DEA, Homeland Security, ATF, IRS and Santa Rosa Deputies, no one knew for sure who “leaked the narrative with pictures” but the investigators followed the trail of breadcrumbs and got 4 confessions. The confessions of 2 teenagers who almost immediately rolled, Wayne Coldiron and a very high Sr.

Here is the problem, what if someone with an interest in seeing how the pieces fell released the narrative with the bits of truth in scattered within? None of which included the bogus story Justin Billings gave to police about a Colorado gang hit nor the fact he had GSR without a plausible explanation of such. What about the fact the state had 2 red vans? One at the weigh station and one at Sr’s house.  The one in Alabama disappears as soon as the narrative of what happened is released.

Before I proceed, let me quote an article from August, 2008, by Rick Outzen:

“We (David Morgan campaign) went into the election day knowing that we were going to win by 10 points or more,” David Craig interjects. The actual margin of victory was 13.4 percentage points, or 3,211 votes. In the 2004 Republican primary, McNesby beat Morgan by 34 points.

“We wanted to bury this guy (McNesby) with the truth,” adds Craig.”

The reason I shared is two fold. David Craig is now the communication director of the Sheriff’s department. He began this job in January of 2009.  He also is more locally known for his show on BLAB-TV, “Blue Lights”, the Pensacola Cops show that incorporated Craig riding with Pensacola Police Department until he wasn’t allowed to do so anymore. There was a separation between he and the PPD.  One can only speculate but he was persona non grata at the police station for some reason. So he hitched his wagon to the Sheriff’s office.

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These are statements that shows the morality of Mr. Craig. He aligned and virtually guaranteed victory for Morgan.  “We (David Morgan campaign) went into the election day knowing that we were going to win by 10 points or more.” The problem with this statement is that by the nature of elections, there is no way of “knowing”  who will win especially to quote the “spread” (10 points).  That tells me that it is a rigged vote.  In other words, Craig makes things “happen” and as his website states, he is into “crisis management”. The exact phrasing goes something like this:

In addition to video and radio production we also offer services for political campaigns. Have a product, service or idea that you’d like to market? Call us for a free consultation. Have a crisis that you’d like to manage to it’s best possible conclusion? A political campaign that you’d like to see victorious? Think Reality News Network.

As a communications director for the Sheriff’s office, if a narrative came from Mr. Craig to the media on July 12, 2009, it would appear to be legitimate and credible. Mr. Craig also appears to hired jack of all trades. He is a freelance crisis manager. This means he fixes “situations” for clients for money. Could there be a client that had an interest to see this narrative known by news media, but not the actual investigators run its full course?

Absolutely. Anything for buck, right, Mr. Craig

Facts Never Revealed

In going over this case over and over, there are 2 statements that stand out. Those would be Blue Markham and Justin Billings. I have provided excerpts.  If there is anyone out there that can explain to me why these statements were never followed up on, please let me know.

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So we have Blue Markham turning an identical van to the one used in the crime to Cab Tice.  2 vans…the one in Sr.’s backyard and the one Cab Tice got from Blue Markham.

Now Justin Billings’s testimony is just craziness at its finest.  Yet Justin was never considered a suspect or someone possibly involved with the crime.  Read for yourself what he says mere hours after his family is butchered in their home–his former home.

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Someone please tell me again why Patrick is a better suspect than these two who were in closer proximity and had more motive than anyone else?

Empathy & Justice: An Editorial

I wanted to take this time to address a few important issues with respect to me & this case. Does any one know the feeling of running late on a rainy Monday and having a flat tire, with no spare on a busy road and no one stopping to help?  Of course. Everybody has those days. You couldn’t buy luck. Everything cosmically falls apart for no apparent reason.  Imagine having that day in perpetuity. How bad would that day be if you got stuck with that day as your “Groundhog Day”? We all feel bad for that person, because we understand how that feels.  We have walked a mile or more in those shoes. This is empathy. We feel the pain because we have been there.

Justice. The great equalizer–in theory. We all like to see Lady Justice with the scales balanced and the good guys wearing their white hat prevailing at the end of the day. We all like to see the bad guy behind bars and throw away the key.  But we all know also that justice is supposed to be blind. With those blinders comes the inevitable injustice or various shades of gray that make up the overwhelming distance between “cosmic right” and “cosmic wrong”.  In this gray space lays the Billings’ murder case.

Was Byrd Billings & his family victimized? Yes but they were also predators.  Are all the people involved in this case guilty?  None of them were angels. But does that make them guilty? And guilty of what? The reality of this case is entirely the gray area between right and wrong. Patrick Gonzalez was a thug; he was an addict; he was involved in illegal circles with varying degrees of criminality, but if he didn’t commit this murder, is it justice to say he should be in jail for the other illegal acts he did commit or could have committed but for this case?  Possibly. The case could be made for that, but does he belong on Death Row? No!  Strangely enough, this isn’t the answer most people have. I was appalled by that.

I have been told that it is justice that he is on Death Row even if he didn’t murder those people because he was a criminal with intent to harm others if nothing else by reckless disregard.  Patrick, just like most of the other alleged conspirators, was associated in something bigger than himself. Honestly, a great deal of people who are involved in this cases on the periphery are just as associated with this bigger evil as well. They sat in front of the jury, soaking up the spotlight with crocodile tears. If Patrick belongs where he is, so does Blue Markham, Justin Billings, Cab Tice and most certainly, Hugh Wiggins.

Who among us would put their entirety of their lives on display for the public? All the domestic disputes, evictions, traffic violations, misdemeanors, etc. Who among us would put all their dirty laundry on media display and come out looking rosy? Yet these men were and still are. The bad decisions, choices, and associations are there for their legacy to echo. I find that people like to point fingers as to not have others look at them.

Do I like Patrick Gonzalez? I never did prior to this case. I couldn’t stand him. Is it ok to just let him be killed by the state because I didn’t like him? No! Is it ok to let karma swallow him up for crimes he could have committed or didn’t get caught doing? NO! I don’t know about anyone else but when it comes to Death Row, I would like to be damn sure he is the right guy. After reading all my other  posts, is it possible that something besides the “official story” could have happened?  Most definitely. Would you want your life hanging in the balance, when your actions might have been improperly perceived?

My Further Travels down the Rabbit Hole

So someone choreographed 5 men to storm a compound that is fully established with cameras, to take some money from an old man.  This is the story if you drank the Kool-Aid. This is the ultimate puzzle wrapped inside an enigma. The risk in this crime is high. The gain is low. No money actually came from it. Why so many men? Why at that location? Why? Why? WHY?

Then I see an article somewhere that says there is drug involvement. Makes sense, but still… So I look into this drug matter. I find that the DEA has an on-going investigation in the Pensacola area and in particular 2 cases involving Byrd Billings. NSA also has some oversight.  A 73 year old man? Dope? NSA? DEA? Then there’s Patrick’s story of it being BIGGER than a robbery. That makes more sense to me than a “simple robbery”. The DEA documents suggest that Byrd Billings was being investigated for trafficking heroine, laundering money and human trafficking from a Mexican cartel, Los Zetas who were brokering an alliance to some degree with the Gulf Cartel which is loosely connected to the Columbo crime family. What?  This guy has 13 foster kids. Trafficking humans? Heroine? Jesus Christ!

Then I watched Justin Billings interview.  It was a couple of hours. He never cries. He is matter of fact in his statements. He doesn’t express any kind of emotion. No anger, no grief. He claims that his friend Walter spared his girlfriend for a price. What? Spared his girlfriend? What the hell does that mean?  Is this guy high? No one seriously does this right? He’s spinning a yarn but implies he knew this would happen and he protected his girlfriend. Why would a simple robbery have any thing to do with a teenage girl? And if he knew what was to happen, why not go to police? or to his parents to warn them? Who the hell is Walter? Why is he not investigated? He seems to have some knowledge of this hit. Walter is never talked to or about beyond this interview.

It is ironic that when deputies arrived at the crime scene, Ashley Markham, Melanie’s daughter & her husband James “Blue” Markham were there. Justin was there by then. They told police about the video but it was Justin they asked to get the video because he was the only one there who knew how it worked. They didn’t wait for someone from in law enforcement to touch the video. They allowed the family to get the video. In a perfect world, the family would have no reason to do anything to skew evidence in a murder investigation, but this world isn’t perfect. Could there have been tampering? And if this surveillance system is so sophisticated that Ashley, Blue or any other learned person couldn’t figure it out, who was supposed to disable the cameras the way like every single one of the suspects said would happen?  Justin, perhaps? But he is never looked at. Why? I’m just not understanding the breakdown of protocol from law enforcement. The family had roughly 30 minutes before the crime scene investigators got there. There were people walking around. No order to the scene. Is it possible some things were “taken” to not be found by the police? Is it possible things could have been altered to appear one way with another being the truth? From the beginning, this investigation is bungled.

Reflection: Me vs This Case

Today, I want to take a second to reflect on this rabbit hole I have jumped into. I entered into this with intrigue & curiosity. I have never known anyone that was on national television, until July 2009. I was floored because it was just so surreal. Who sees an acquaintance on tv as a “mastermind” or “murderer”?  It took my breath away. But then I thought about what I knew of Patrick. I knew him from working at Village Inn and through Katie Herkel who was became his first wife. I knew they had a daughter who was the spitting image of Patrick. I knew Patrick to be con-man full of hot air. He claimed this and claimed that. To be honest, I never believed anything he said. He was charismatic & he is a natural leader. I knew that his marriage to Katie went South and obviously it was a difficult divorce because of Bella. That’s it–until 2009 when I see him on television.

 

I watched all the news and read all the papers. I watched his trial–the entire 3 days of it. It sounds legitimate. The semblance of evidence was waved around. Sheriff Morgan made absolute statements there were no “alleged” or “suspects”; there was “certainty”, “conspiracy” & “murderers”. There were DEA & FBI involvement; then there wasn’t. Then Cab Tice was the ultimate mastermind, which never changed but Patrick became the “ring leader”. Ninja garb. Home Invasion.

 

Patrick is a professional mixed martial art master. I knew this through Katie. Why would he shoot someone it would be easier for someone with his skill set to use his obvious advantage?  Why would someone bust into this compound to get money when knocking over the old guy with a $100,000 in a briefcase as he got out of his car at work or at any time when he was alone?  Why bust through a house that they knew had cameras? Everyone of the suspects said that was supposed to be disarmed, implicating someone close to the family.  Why would they go to this trouble to do this? This was not a robbery. This was a hit and a huge event that needn’t be that big. The man was 73 years old. He wasn’t in any condition to fight off a one on one attack.

 Why would anyone do this anyway? Who is the person who gains the most? That’s Criminology 101.  The family got the entirety of the estate. Why weren’t they ever looked at?  It just didn’t make sense. None of it. This was supposed to be a “humdinger” according to Sheriff Morgan with a great deal of elements, but then it came down to a simple home invasion robbery.  What?  Simple? Robbery? None of this makes sense. Cab Tice was about to be prosecuted for stealing from Billings. Why wasn’t he looked at? He wasn’t even questioned until after Patrick was arrested. Justin Billings said within moments of the horrific murder of his parents without a shred of emotion that a man named Walter told him this was a hit by Colorado gang.  What? A gang? A 73 year old man? What the hell is going on?