Attorney for Larry Joe Wheelon of Maryville says stable raid warrant invalid - Page 3
   

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Attorney for Larry Joe Wheelon of Maryville says stable raid warrant invalid

This is a discussion on Attorney for Larry Joe Wheelon of Maryville says stable raid warrant invalid within the Gaited Horses forums, part of the Horse Breeds category
  • Is larry wheelon still on TWHBEA board
  • General sessions Blount County brewer budget

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    08-17-2013, 06:44 AM
  #21
Yearling
A bailiff or other court employee on the door would have prevented that mistake. It's how it is done here. Don't want to pay and extra bailiff? Put a note on the door stating any special rules that have been invoked.

On the bright side all this is raising awareness about how the Big Lick is produced. I wish the national new agencies would pick up on it more.

There also seems to be some sort of major civil war going within the registry. The TWHBEA has been evicted from their building on the show grounds.

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    08-17-2013, 07:54 AM
  #22
Weanling
Generally speaking, don't attribute to evil that which can be explained by stupidity.

I work as a volunteer in our local General Sessions Court (same level as this hearing). We have two bailiffs most of the time and they watch the comings and goings. They will ask a person entering the courtroom during a hearing if they are witness or not.

This is not a "hard" process, but it does require attention to detail.

G.
SueNH likes this.
     
    08-17-2013, 08:02 AM
  #23
Yearling
A mistake like that on such a high profile case is kind of mind boggling.

I was a police officer way back in ancient times. Used to see the bailiffs work the door all the time. Saw many a note tacked to the doors when something different was going on too.
     
    08-17-2013, 08:45 AM
  #24
Weanling
I don't know the ins and outs of TN Criminal Procedure, but in some cases it's possible to take to the Grand Jury a case dismissed at the Sessions Court level. Even if this is possible the testimony of this witness might be excluded, rendering the effort futile (unless you have sufficient evidence without that testimony). Again, I don't know these intimate details of the process so I don't know if it can be done. It's high profile enough that the DA might try.

G.
     
    08-17-2013, 09:48 AM
  #25
Yearling
I believe that point was brought up. BillyGoBoy didn't think they would do it though.
No idea who BGB is but he seems to have intimate knowledge of the case with access to the court documents. Been interesting reading it.

I just hope all concerned learn from this and don't repeat the same mistakes. They will have another shot at it. If not Wheelon then somebody else. Seems like the lickers are doing a lot of nose thumbing at the prosecution right now.


POST MORTEMING

The Wheelon case, based on the Search Warrant and subsequent arrest, is a one and done deal. The USDA OIG, rather than playing "Rambo" or "John Wayne", should have taken the mustard oil and the video and gone directly to a Grand Jury and had Wheelon indicted. Then it would have been an entirely different ball game. The USDA OIG was "Keystone Cops" for not doing that. The arrest resulted in the need for a Preliminary Hearing. Judge Headrick gave the State a "gift" when he upheld the justification for the Search Warrant. The ultimate responsibility for the State's key witness being in the wrong place was the fault of the Blount County District attorney. But it appears the USDA OIG didn't help things at all on this in not coordinating and knowing what was going on in the courtroom.









I can't copy the whole post without a lot of editing to remove the facebook links but if you go to BCB's facebook page and read the post Post Morteming it gives you a good idea about the mistakes and what they are learning.

Lot of little posts and articles that aren't linked on his blog are showing up there as well.
     
    08-17-2013, 10:09 AM
  #26
Weanling
Between you, me, and the NSA I was "goosey" about this entire process. The USDA is not, generally, involved in local prosecutions based upon state animal cruelty charges. That a USDA official portrayed a possible customer seems way outside their normal activities. Somebody from the local animal welfare group or even a HSUS person would have been a better choice, IMO. The Feds' complete lack of experience in state court is pretty blatant. Just 'cause you're a Fed doesn't mean you are either omniscient or omnipotent. I hope this is object lesson for USDA.

This does not mean, of course, that a local group with solid evidence of criminal activity cannot get technical assistance from USDA/APHIS. There is a boatload of expertise, there, and if the Feds can provide it (under their rules) then they should. Looks to me, though, that when they got the tip they decided to play "FBI" and declare themselves the "lead" organization. That has not exactly worked out for them.

I don't know who BGB is, nor do I really care. He is right to "tear a strip" from the butts of the public officials involved, here, as their performace is pretty weak.

It's now up to the local DAG to decide what to do next.

G.
     
    08-17-2013, 10:20 AM
  #27
Yearling
Yup! Was a bad mistake.


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The lickers going on about their rights.

I just feel for the poor horses caught in the middle of all this crap and having to be returned.

I don't really care who BGB is either. He is obviously on the horses side. I might not have even noticed him but his avatar looks oddly like my husband so I had to peek. I'm enjoying seeing things the main stream news misses.

I'm still pretty hopeful this soring business will come to an end. Just going to take longer unfortunately.
     
    08-17-2013, 02:34 PM
  #28
Showing
Now I'm wondering if Wheelon and other owners will be suing the Humane Society and the Ag dept. For the illegal removal of these horses. Also I question where Billy Go Boy is getting his information. Was the TWH registry kicked out of the show or did they vacate due to budget constraints. It's easy to twist one thing into another. I can't see how the registry carries any blame. They are record keepers.
     
    08-17-2013, 02:55 PM
  #29
Weanling
Quote:
Originally Posted by Saddlebag    
Now I'm wondering if Wheelon and other owners will be suing the Humane Society and the Ag dept. For the illegal removal of these horses. Also I question where Billy Go Boy is getting his information. Was the TWH registry kicked out of the show or did they vacate due to budget constraints. It's easy to twist one thing into another. I can't see how the registry carries any blame. They are record keepers.
You can sue anybody for anything, but you've got to prove that some right was violated and that the violation was culpable and that a loss was suffered as a result of the violation. In this matter it looks like the error was purely administrative. The evidence was clear. Any suit would give the defense an opportunity to even more widely present the evidence of criminal activity.

Further, the State can move to have the horses forfeited in a civil siezure action.

Since the "fat lady" has not sung, yet, there is still more to the tale.

G.
     
    08-18-2013, 06:45 AM
  #30
Yearling
THE ENTIRE LARRY JOE WHEELON CASE HINGES ON BLOUNT COUNTY REPUBLICAN DISTRICT ATTORNEY GENERAL MIKE FLYNN | Billy Go Boy Chat – Tennessee Walking Horse – "The Lickers and The Flatters"

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← Previous THE ENTIRE LARRY JOE WHEELON CASE HINGES ON BLOUNT COUNTY REPUBLICAN DISTRICT ATTORNEY GENERAL MIKE FLYNN

Posted on August 17, 2013
BLOUNT COUNTY REPUBLICAN DISTRICT ATTORNEY GENERAL MIKE FLYNN

WILL THIS MAN HONORABLY PROTECT THE TENNESSEE WALKING HORSE OR PLAY POLITICS AND NOT LET IT GO TO THE GRAND JURY?

DISTRICT ATTORNEY GENERAL MIKE FLYNN (FAR RIGHT) daily beacon photo

Nephew Eugene spoke with Randolph who came back to Theta last night to eat some of his Momma’s cornbread with buttermilk. Eugene and Randolph were talking about the “going ons” that took place in Blount County General Sessions Court in Maryville, TN this past week.
Randolph went to Vanderbilt Law School and some of his classmates have experience with the Tennessee criminal justice system. Eugene was upset because it seemed justice was not served in the Larry Joe Wheelon case. Eugene said that the Assistant District Attorney General Ellen Berez apparently lost track of an important witness and that the General Sessions Judge Robert Headrick reluctantly pitched the case out at the Preliminary Hearing stage.
Judge Robert Headrick said, “There may be evidence out there, but I can only rule on what I have before me,” Headrick said. “I have no other choice but to grant Mr. White’s motion to dismiss the charge.”
Randolph said all of that was bad, but it don’t make no never mind because in Tennessee the General Sessions Court Judge doesn’t have the authority to kill a case. Randolph said all Judge Headrick’s ruling meant is that the State didn’t present enough evidence in the Preliminary Hearing to show that Larry Joe Wheelon committed a crime. According to Randolph, it does not mean the case is dead.
Randolph said that General Sessions Court is a small claims civil court and its criminal jurisdiction is limited to misdemeanor cases and preliminary hearings in felony cases.
Randolph said what all this means is that Judge Headrick could dismiss a misdemeanor criminal case, but he did not have the authority to dismiss a felony case.
Randolph said the Larry Joe Wheelon case will continue IF Blount County Attorney General Mike Flynn stays the course.
THE POLITICS
Eugene is under the impression that everything done in Tennessee is about politics. So he asked Randolph about the politics of the District Attorney General Mike Flynn. Randolph said that District Attorney General Mike Flynn is a Republican and has been District Attorney General since 1990. He also told Eugene that Maryville, Tennessee is the home of United State Senator Lamar Alexander. Alexander was President of the University of Tennessee in Knoxville from 1988 – 1991, and he was Governor of Tennessee.
UNITED STATES SENATOR LAMAR ALEXANDER – REPUBLICAN – TENNESSEE

U.S. SENATOR LAMAR ALEXANDER

Randolph said Lamar Alexander is a good man.
Eugene piped up and said he heard that Steve Smith who is raising $3,000,000.00 for Lamar Alexander to run for re-election was a behind the scenes Republican heavy weight fund raiser. He was told that Smith is a life time dyed in the wool “Big Licker” and a former President of the Tennessee Walking Horse Association breed registry. He also said they say that Steve Smith is running for Director of TWHBEA from Tennessee and is strongly rumored to be planning to run for President of TWHBEA in the “Big Lick” interests to take over the organization.
STEVE SMITH – REPUBLICAN SENATOR LAMAR ALEXANDER CAMPAIGN FINANCE CHAIR

BIG MONEY MAN – TENNESSEE POLITICAL INSIDER – RUNNING FOR TWHBEA DIRECTOR


Blount County Republican Elected Officials (partial list)
U.S. Senator
Mr. Lamar Alexander

U.S. Senator Lamar Alexander
Washington (202) 224-4944
Knoxville (865) 545-4253
U.S. Senator
Mr. Bob Corker
United States Senator Bob Corker, Tennessee
Washington (202) 224-3344
Knoxville (865) 637-4180
U.S. Congressman
Mr. John Duncan
Welcome to Congressman John J. Duncan, Jr. | Congressman John J. Duncan, Jr.
Washington (202) 225-5435
Knoxville (865) 523-3772
Maryville (865) 984-5464
District Attorney General
Mr. Mike Flynn

State Senator
Mr. Doug Overbey
State Representative (District 8)
Mr. Art Swann
State Representative (District 20)
Dr. Robert Ramsey
County Mayor
Mr. Ed Mitchell
Blount County Executive's Office

Sheriff
Mr. James L. Berrong
BCSO.com

Circuit Court Judge – Division I
Judge Tammy Harrington
Circuit Court Judge – Division II
Judge David R. Duggan
General Sessions Judge – Division I
Judge Mike Gallegos
General Sessions Judge- Division II
Judge William T. Denton
General Sessions Judge Division III
Judge William R. Brewer, Jr.
General Sessions Judge Division IV
Judge Robert L. Headrick (Former Asst.DAG working for DAG Mike Flynn)

Circuit Court Clerk
Mr. Tom Hatcher
Randolph said that the Blount County Grand Jury will meet in early September.
Randolph says the bottom line is WILL the USDA OIG Special Agent Julie McMillian go before the Blount Count Grand Jury in early September and present ALL of the evidence and the witnesses, including Dr. Bart Sutherland who didn’t get to testify.

Then the citizens of Blount County, Tennessee CAN decide if they want their county to be the center of the alleged aggravated cruelty to Tennessee Walking Horses scandal or instead of having the whole sordid mess being swept under the rug.
It looks like Blount County Attorney General Mike Flynn has a decision to make.
Eugene is mighty worried about justice winning out over big money and politics where the welfare of the Tennessee Walking Horse is concerned.

BGB
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This entry was posted in Tennessee Walking Horses by Billy Go Boy. Bookmark the permalink. 4 thoughts on “THE ENTIRE LARRY JOE WHEELON CASE HINGES ON BLOUNT COUNTY REPUBLICAN DISTRICT ATTORNEY GENERAL MIKE FLYNN”

  1. Pamela Reband on August 17, 2013 at 7:45 pm said:
    Steve Smith has been a heavy supporter of Alexander’s since at least the 1990′s. Thick as thieves…..

    Reply ↓
  2. Billy Go Boy on August 17, 2013 at 8:57 pm said:
    Looks like we are about to know. He has a reputation as a man of principle. It will be interesting to see if the principle triumphs over his money backers. I would say the Tennessee Walking Horse is depending on Lamar Alexander. BGB

    Reply ↓
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