TRUE   DEMOCRACY     Summer 2002     TABLE OF CONTENTS
True Story

Tedder Was Kidnapped


All Supported by Documented Evidence

By Arlene Johnson
July 8, 2002

July 28, 1945 Robert Tedder was born in Century, Florida and on December 11, 1965 married his beautiful wife Eva and they had one son, Tracy.

April 24, 1979 Tedder bought property in East Brewton, Alabama moving his construction business from Florida to Alabama.

April 24, 1984 Robert Tedder, his wife Eva, and his son Tracy were all arrested under the pretense of "protective custody" and were held in jail for two days while police searched Tedder's home on three different occasions seizing thousands of photos of Tedder's wife and other personal property without a warrant, charge, or probable cause.

April 26, 1984 Some of Tedder's photos were then used to establish all those misdemeanor charges which in turn were used to hold Tedder in jail for four months while authorities sought to secure some type of complaint alleging a felony as a cover for the unlawful seizure of Tedder, his photos, and other personal property.

August 1984 three felony affidavits were prepared, however, they were not signed before any Alabama judge or magistrate, but before a citizen from Florida, who then issued and signed the Alabama warrants for arrest.

September 1984 The misdemeanor charges went before the then Escambia County District Court Judge, Earnie White. Tedder demanded and was granted his motion for a jury trial on the misdemeanor charges, however, the State dismissed all those misdemeanor charges without trial or conviction because those charges had already served the state's purpose of holding Tedder in custody while felony charges were being fabricated to cover for the unlawful seizure of Tedder, his photos and other personal property and to establish a reason to return the property to Tedder.

In Late 1984 All cases were transferred to Monroe County without objection, after which, Escambia County lost all jurisdiction as to all matters of the case. However, In Mid 1985 Escambia County returned another indictment unsupported by any affidavit, and transferred it to Monroe County for trial also.

Before the cases were transferred, Tedder had hired an attorney, Bob Tucker of Atmore, Alabama. Tucker skipped town with Tedder's money. Judge Earnie White then appointed Hugh Caffey to represent Tedder, knowing that Caffey also represented the city whose police officer had committed all these violations against Tedder, and Caffey has a duty to protect the city from civil actions.

Caffey could not properly defend Tedder without establishing grounds for a suit against the city. Caffey should have recused himself in the interest of justice, but Caffey remained on the case to insure that certain facts would not be raised or discovered which might be detrimental to his full time client, the City of East Brewton, even if it meant unlawful imprisonment of Tedder.

The Monroe judge, R.E.L. Key, was advised by the state and was fully aware that Caffey had an interest in the outcome of the case. Key waived Tedder's Right to Conflict-Free Representation and proceeded with the trial.

Tedder pleaded then, and maintains today, that he is not guilty, even the prosecutrix said it didn't happen but the state forced her to change her testimony; the court overruled Tedder's objections, and refused to comply with court rules, statutes, and constitutional provisions, causing the trial to be nothing but a sham proceeding without due process of law. The record shows that testimony at trial was not supported by any other testimony or evidence, and was insufficient to establish a finding of guilt. Of the thousands of photos, only thirty four were presented as evidence in court, none of which were described as having been seen in the Tedder home.

Where the police even admitted to their own wrongful acts and told about the wrongful acts committed by others with specific intent to imprison Tedder and keep his photos and other personal property the court admitted that the initial arrest was illegal and that all that followed it was unconstitutional but overruled all of Tedder's objections stating that Tedder could argue that further down the road.

June 1987 The 1 1/2 day trial was without jurisdiction and in violation of statutory right to speedy trial. Many absolute wrongs and constitutional violations were preserved for appellate review in a motion for new trial which was never ruled on by the court.

In 1988 The appeals court granted appellate counsels motion to withdraw prior to appeal and instructed Tedder that he had fourteen days to file an appeal brief without the assistance of counsel. Then, evidencing the lack of counsel on appeal, to prevent Tedder from obtaining relief in any other court on any claim of ineffective assistance of Appellate counsel [see attached exhibit] 1990 The appeals court instructed the Monroe trial court, in writing, to deny Tedder's collateral attack petition claim of ineffective assistance of appellate counsel without conducting a hearing. The Appeals Court then affirmed the denial to cover up for its 1988 act of denying Tedder's right to have assistance of counsel on direct appeal.

The state has not denied their wrongs, but are claiming that because Tedder was not aware of the procedural violation and other lawless acts at the time they were committed by the courts and police, that Tedder was procedurally barred from raising any of those claims after direct appeal in 1988.

June 2002 The state falsely alleged to the parole board that there were thirty seven victims in Tedder's case.

The record clearly shows only one alleged victim. Why would the state need to resort to lies to keep Tedder in prison?

The denial of Tedder's parole was not for the safety of the people, but to keep Tedder silent behind bars so that the general public will never be aware of the lawlessness and criminal acts committed by those fine executive and judicial officers that the public so blindly trust.

The denial of parole just cost Alabama Tax Payers $2.16 million. Tedder was sentenced under a law that only required Tedder to serve 30% of the sentence, yet, the Parole Board has held Tedder for almost 60% of the sentence. Governor Don Siegelman's new crime bill requires new first time offenders to do 85%, but the parole board is making it retroactive in order to deny parole to persons already in prison.

Montgomery Circuit Judge Shashy just fined prison commissioner Mike Haley $2.16 million for not complying with his order to accept county jail inmates and threatened to put Haley behind bars. [see attached exhibits]

It is the parole board that is making sure no space is available by refusing to do their job. For the next five years they can draw their high salary without having to work. The Parole Board is clogging the system and is solely responsible for costing the taxpayers millions of dollars in fines and court costs.

Back in 1996 Tedder hired a Montgomery attorney to inquire into parole requirements, after Tedder had been denied parole in 1995. The attorney told Tedder that the Parole Board said it would grant parole if Tedder would sign an admission of guilt. Tedder refused because he is not guilty and that could be used to prevent Tedder from ever obtaining justice. Tedder received a letter from the Parole Board stating that the Board would consider Tedder for parole only if the courts overturned his case. The state argued that Tedder was not constitutionally entitled to the return of his photos and property. The court denied Tedder's motion for return of seized items not used as evidence.

Tedder has suffered several heart attacks, had open heart triple-by-pass surgery with continuing complications due to stress of unlawful confinement and repeated denials of right to access the courts for redress.

It's easy for a court to deny relief to a person behind bars and unable to appear before the court. But it's not as easy to deny relief when that person has the ability to appear in court to argue his claims with supporting evidence and documents.

The state's biggest fear is that if Robert Tedder is released on parole he will have that ability to appear in court, prove his claims, and overturn his case, and the state knows full well that Tedder can do so. There are more than 300 grounds which would reverse and render Tedder's case. Robert Tedder is not guilty.


PREVIOUS ARTICLE NEXT ARTICLE

TRUE DEMOCRACY Summer 2002 Copyright © 2002 by News Source, inc.