Freeland Order Setting – 2/7/13 Any scheduling conflicts must be due by March 15, 2013
freeland motion for continuance – filed 3/18/2013
Freeland Order Setting – 2/7/13 Any scheduling conflicts must be due by March 15, 2013
freeland motion for continuance – filed 3/18/2013
I have received copies of some e-mails someone sent to Tom Freeland and then was answered by Joyce Freeland. The e-mail from Joyce, which is the only one I’m posting, is very interesting because as far as I know, there is no one else out there reporting on NMC and all of his transgressions. And, I have documented everything here for the world to see, so “the situation” is not “different from the descriptions on the Internet. Then she says she has “attempted to bring charges against two of the people most active in the cyberattacks.” Firstly, I would love to know who my co-conspirator is and secondly, I have never heard from anyone about any criminal charges being brought against me. I wonder what those charges would be? Everything I put up here is the truth and I have documented everything. So, in the end, this woman is tripping, so to speak! Have a look and see for yourself.
The situation you refer to was very different from the descriptions on the Internet. I have already attempted to bring criminal charges against two of the people most active in these cyberattacks on Tom and me personally and professionally.
The woman involved was a family friend who was desperate to try to save her marriage and had told us there were reasons for her to fear family members. We were both involved in trying to ensure that she got home safely that night.
I have text messages from her before and after the alleged incident that are friendly and inconsistent with the story she told the police three days later.
Please don’t escalate this.
Do you have an attorney? Please send me his or her name.
UPDATE: Ben asked in the comments to post the portion of the transcript where Susan testifies about the crucial moments of that fateful night. Here they are. I have also posted a document of the trial, as live-blogged by Patsy Brumfied of the Daily Journal, in chronological order here. Absolutely none of the text of the document has been changed at all. Typos and all are just the same.
DAVIS – You said you had just arrived home when he tried to gain entry to your house. Susan – I was uncomfortable at City Grocery. After Tommyput his hand on mine, I just wanted to get out of there. AFter got in car, deicded to try to find my hsuband. Davis – RememberTom coming up to you and talking at home about Where have you been? Susan – he didn’t just walk up in drive and ask how I was. He jumped out of the dark somewhere in my back yard. Davis – He didn’t express concern about you? Susan – No, he looked angry, fussing at me like he wa angry, I didn’t know why.
DAVIS – Do you deny having a flirtations with Tom Freeland? Susan – Never been Flirtatious with Tommy Freeland, never ever. Just remember being thrown into a wall inside my bedroom door, by him. Davis – You didn’t mutually embrace each other? Susan – No sir. I was being thrown around my bedroom. Davis – What about outside? Susan – I had not touched him, I have no affection for Tommy Freeland. He was grabbing me and kissing me and pulling my head back and saying all these things about how he liked me, been t=attracted to me. Davis – You hadmusic playing inside? Susan – No, I did not. Davis – He came in with you? Susan – No, he pushed me inside, no music playing. Davis- Alarm system? Susan – Yes, use it if we’re going out of town. Since this incident, and I’m there by myself and Ralph is gone, I turn the system on. Had ADT check it and give me a remote panic button to wear so I have it, if I need to push the panic button.
Davis – YOU HAD YOUR PHONE IN YOUR HAND, DIDN’T YOU? SUSAN – When? Davis – When you were texting. Susan – I can’t tell you exactly when I had it. DAvis – That night? Susan – I don’t know. It was probably in my purse, I was carrying it and hadmy keys. Davis – You didn’t push 911. Susan – I didn’t have time. I was attacked at myback door. Davis – Deny that episode took 3-4 minutes at most. Susan – More like 10 minutes. He was talking to me, pushing him away, telling him not to do this. Davis – Left City Grocery at 9:30 got home about …. Susan – probably. Davis – STeadily receiving and sending text message? Susan – Didn’t receiuve any from Tommy until after attacked.
Davis – How many songs played in car? Susan – I don’t know, I didn’t count them.
DAVIS – 4:28 – Initial police report, remember it? Susan – Is he young officer? Don’t remember his name. Davis – didn’t initially file charges. Wanted to talk to husband? Susan – Even thought about talking to my pastor about it. Davis -You were trying by communicating with Joyce, to work on the marriage. Susan – Thought we were two friends, talking the way women talk.
I have gone back to Patsy’s blog and have rearranged the account of the trial so that it reads from the beginning of the trial to the end, instead of having to go to the end of the post to find the beginning of the trial. The same account of the trial, reading from beginning to end, chronologically is here — FREELAND’S ASSAULT TRIAL
After Susan White recounts those ten minutes, they go over the text and phone calls she recieved.
SUSAN – Yes sir. (She’s looking through the pages.) OK, the phone call from Tommy Freeland started… it looks like No. 378 on second page. Incoming, recognize number, believe it’s his regular number. Message – says I called to check on you. And then it looks like next one is No. 380 – says I want to tell you something.
SUSAN – (Chain, keep going) OK, 381 – says what? I assume I must have said What? And then 383, he says I hope I didn’t upset you by being too forward. 384 – he says I loved your sweet kisses. And 386, he says, I felt very privileged to see so much of you. Says she’s repeating that he talked to me. And 387, he says And I don’t know why I’m sitting here so close to you but so far off. Chain – did you send messages?) Yes, it looks like I called my husband next. NO. 388 – SAYS PLEASE CALL ME. davis – STANDS UP. Susan says she called her husband.
SUSAN – Next, (Chain – what happened next? Next did what after events?) Tried to call my husband three times. (Chain – let’s skip over, tell us about time between going to police.) OK, there are text messages that start on 26th from Joyce Freeland. Couple of those 391, 392 and then I started getting dressed to figure out what I was going to do, if needed to go to police department. Wanted husband’s opinion about whether to do that. One thing I did, go to Hunter’s Hollow and bought some pepper wax. Said I had been attacked and wanted pepper spray. (Chain – bought it for purpose?) To protect myself in case Mr. Freeland or anybody else ever tried to attack me, come into house, I didn’thave anything like that at home. Caused her to take those steps.
Next, I see on here that I talked to one of my children in Texas. See that on here. Log helps refresh my memory. (Chain- don’t look at phone messages. Eent, to Hunters Hollow, at some point you went to police.) Yes sir, I went to police department and I had finally gotten my husband and talked and tell him I had been attacked.
My husband went with me to police department. Officer came out to talk to us in lobby. We told him what happened to me, went through all of the events of March 25th, and he asked if I wanted to file charges. I told him I needed to think about that my options. I wasn’t sure what I should do. I wanted to think about it a day or two, what to do. (Chain – go back?) I had a meeting with detective Williams, March 30th. I was there about 2 1/2 hours. Told him. Husband came for part of meeting, he had eye appointment, listened to me recite story. (Chain – want to take photos?) Yes, same day March 30th. Police and detectives kind enough to let my husband take pictures of the back of my legs, buttocks where I had been squeezed by Tommy Freeland. We took some with my cell phone, e-mailed them to detective. Others with nice camera he has. Then pictures developed at Walgreens.
(Chain hands her packet of photos – recognize any?) Yes, of me which was taken like 5 days after the attack, but I see still bruises on back of my right leg and on left buttocks. It’s embarrassing but thought they needed to be taken. Caused by Tommy Freeland when he was throwing me around my bedroom or when he put his hand down the back of my pants and squeezing me real hard. (Chain – photos into evidence) DAVIS – No objection.
Now, here is the verdict:
LITTLE – OK, I didn’t want this day to come because Ihave known Tommy and his family for a long time. I don’t know .. I don’t have any fixed memory of knowing the Whites. I enjoy what I am doing bu not having a big time today. Must try to objectively look at what we’veheard. I have 33 pages of noes to do over. Davis said something, it’s all about those few minutes – what happened during those few minutes. There is an element,when you’re involved as a victim, invasion of your privacy. This had ended up because everybody was friends. Somewhat invasion of personal privacy, family privacy. Want you to understand that the things that were said and were objected to about the stepson, I am taking as I go through this as true. But, weed it down to a point where everyone has admitted that stepson wasn’t around, wasn’t his Jeep, no danger, if ever waS, real or imagined. And so,what happens again, as Davis said, in those minutes despite listing 33 pages boils down to those minutes. WEhave e-mails, photos, testimony that tries to explain those things.
I don’t find it unusual that someone in Mrs. White’s position would exchange e-mails the next morning before she determined what course of action to take. But these people, having some friendship, knowing each other cwould cause any reasonable person to worry about how to deal with it. Don’t think she would put herslef through this without some validity to what she’s saying. One e-mail says, I felt so privileged to see so much of you.
So, I’ve got to make a decison – is that the defendant is guilty of trespass and simple assault. What I think is happening – all misdemeanor. Fines $414, $260, 30 hours of community service. Know you do good work with Innocence Project, must be something tangible I want you to do. You have every right to appeal. Sorry you’re in this situation. Thanks you for your courtesy.
08/17/2012 Minute Entry for proceedings held before District Judge Daniel P. Jordan III:Sentencing held on August 17, 2012 for Cassandra Faye Thomas (1) as to Count(s) 1, 2-3, 4-5, 6, 7-10. Defendant is sentenced to 60 months as to Counts 1, 4, and 5; 120 months as to Counts 2, 3, and 6; and 168 months as to Counts 7-10 for a total of 168 months in the BOP to run concurrently with a 3 year term of supervised release as to all counts to run concurrently. Defendant is ordered to pay restitution in the amount of $6,924,958.60 and a special assessment fee in the amount of $1,000.00. Defendant shall remain on bond pending appeal. Court Reporter Gina Morris (601) 608-4187. (SP) (Entered: 08/17/2012)
I wonder how much the judge gets.
Ok, then. What are the reasons???
Based on the evidence at the trial and the allegations included in the government’s motion, the Court finds that the following property is subject to forfeiture.
That’s it!! Because he says so. Read it for yourself, here. Based on Judge Jordan’s docket, this Court is very very sloppy. Obviously there are a lot of stuff happening behind the scenes and out of purview of the public (for which it stands!), so the public won’t know how utterly biased this judge is for the prosecution. Whatever they say, goes. Why even have a trial?
The matter was then addressed during a telephonic status conference on September 27, 2011, during which Defendant requested a stay of the forfeiture issues due to the other post-trial motions. Though the Court indicated that it would grant the relief, it instructed Defendant to file a motion seeking it. No motion followed, and Defendant did not respond to the Government’s motion until June 28, 2012.
In her response, Defendant requested a hearing on the legal issues raised therein, which occurred on August 6, 2012. The objections were overruled on the record, and the Government was instructed to submit a draft preliminary order of forfeiture. It was agreed that Defendant would make any suggested revisions or modifications under Federal Rule of Criminal Procedure 32.2(b)(2)(B) within five days of the preliminary order. The Government submitted its final proposed order on this date, and the Court finds that given this history, it was “impractical” to enter a preliminary order at an earlier date. Fed. R. Crim. P. 32.2(2)(B).
Besides the obvious, THERE IS NO 32.2(2)(B)! That, there, should read Fed. R. Crim. P. 32.2(b)(2)(B). If the effing judge can’t follow the rules of the court himself how can he expect a doctor to follow the ambiguous and confusing and changing rules of medicaid and medicare?!! This judge and his court are a joke. And the US Attorney’s in Mississippi are the worst for their coziness with the judges around here. Somebody call Eric Holder!!
The sentencing is set for Friday, August 17.
At first glance, I see Judge Daniel P. Jordan, III (and hopefully, the last) ruled against Cassandra Faye Thomas on all motions — for acquittal and for a new trial, evidently dated 8/03/12. The sentencing hearing is continued and set for a later date, it seems. In the meantime, HERE is the Order. I haven’t read it yet.
Tom Freeland got busted on his blog today. He was reporting on Zach Scruggs’s Hearing before the Fifth Circuit but oops, Judge Jolly is not one of the judges. A nice man by the name of David McCarthy flew by and told him, eh eh.
Tom, I don’t know if you saw the revised calendar last week, but Judge Jolly recused–the substituting judge is Eugene Davis. (I only know because I have an argument on Wednesday).
But Mr. Know-it-all cannot be one-upped! So, it’s the Fifth Circuit’s Web Site that is messed up.
I noticed that the Clarion Ledger didn’t list Judge Jolly, but the calendar I pulled was the one on the Fifth Circuit site this morning. THanks.
Well folks, guess what. Here is that site. And what does it say?
MONDAY, JULY 9, 2012 – COURT CONVENES AT 9:00 A.M.
PANEL FOR THE FIRST CASE ONLY: JUDGES PATRICK E. HIGGINBOTHAM, W. EUGENE DAVIS AND JAMES L. DENNIS
*No. 11-60564. United States of America vs. David Zachary Scruggs, Appellant.
You can’t make this up! Just so you cannot say the website is not up to date?
Rule 5(b)(2)(E) includes service by electronic means, and Rule 5(b)(3) states that “[i]f a local rule so authorizes, a party may use the court’s transmission facilities to make service under Rule 5(b)(2)(E).” The local rules do so allow, and that is exactly how Thomas filed her affidavits. Thus, the three days are added and the motion is timely.
As far as I can tell that seems like BS. The rule states:
(E) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served
THUS, CASSANDRA FAYE THOMAS’S MOTION TO STRIKE WAS DENIED!
I don’t know but there is some funny business going on with that Court. More later.