In the Interest of Justice


Aug 16, 2017
By: Jerry A. Goodson
In: General

I have never lied under oath or falsified a report, so how did I end up branded a "Brady Cop?"  Former Cass County Assistant District Attorney Courtney Shelton lied to me, then lied about me as a matter of official court record.

A little over 24 hours later, I'm still in disbelief after learning my credibility, reputation, character, and integrity has been assassinated as a matter of official court record.  It happened a year and a half ago, and I never even knew it until I had been denied employment by two law enforcement agencies.

The Rumors

Towards the end of last year, I was talking to the Linden Police Chief Alton McWaters about reserving with the Linden Police Department, as my term as the elected constable of Cass County Precinct 2 was coming to an end.  Chief McWaters told me I needed to speak with the district attorney because there were rumors going around the Cass County Sheriff's Department that the district attorney was no longer taking any case filed by me over a case I had filed but they dismissed.

I went to the district attorney's office and met with Cass County District Attorney Randall Lee.  We met for about five minutes, and I told him what Chief McWaters had told me.  DA Lee assured me I was "fine" with his office, that they would still take my cases, and that the "rumors" were just that... rumors.  

I told Chief McWaters what DA Lee had told me, but Chief McWaters insisted he wouldn't take me on until I had something in writing from the DA's office.  I didn't pursue reserving with Linden.

The Case Dismissed

It was a pretty straight-forward case.  I had been hunting a fugitive (codefendant) for several months after Cass County Sheriff Larry Rowe told me, "I want her in my jail."  A subject approached me by way of facebook messenger and told me she would give up the codefendant's location if I would help her with some trouble she had gotten into with Cass County Community Supervision (probation).  The subject took it upon herself to allegedly purchase methamphetamine from codefendant in order to "lure" her out of hiding.  I had no prior knowledge of the subject's intention to purchase drugs until the subject called to let me know where she was going to meet the codefendant.  After a meeting between the subject and the codefendant, the subject informed me of where I could find the codefendant.  

I went to where the defendant and codefendant were reported to be by the subject to arrest them both on warrants, particularly, the codefendant who was a fugitive that had been "hiding out" for several months.  The defendant and codefendant were each found to be in possession of methamphetamine by me and other assisting officers.  After their arrests and transport, I found more drugs and drug paraphernalia.  

I set out to capture a fugitive from justice.  I did not set out to make an arrest on drug-related charges.

The Grilling by ADA Courtney Shelton

I arrested the defendant and codefendant on December 10, 2013.  I was requested to meet with ADA Shelton on March 22, 2016... a little over two years later, to assist her in preparing for the trial that was reported to me by ADA Shelton to take place on Friday, March 25, 2016.  

As requested, I showed up on March 22, 2016, and when I walked in to ADA Shelton's office, Trooper Wayne Johnson was sitting in there with her.  She told me to come in and immediately began berating me by saying, "You screwed up."  Our subsequent discussion was not amicable.

Her points of discussion centered around my use of a confidential informant that had not been disclosed to the DA's office, and that under the Michael Morton Act, she was required to disclose that information to defense counsel.  I explained multiple times during that meeting that the subject was not a confidential informant, and no probable cause was based on the actions (the alleged transaction) or information (the location of the codefendant) the subject provided.  

ADA Shelton sighed and remarked, "Bryan Simmons is going to have a field day with this."

She told me former ADA Tina Richardson had told her the subject was, in fact, my confidential informant.  I reiterated she had been given incorrect information.  I went on to explain that I had no experience in working CIs, so I contacted Linden Police Chief Alton McWaters and asked him how it works.  He explained to me it was a contractual agreement that had to be made between me and the CI, and it had to be approved through the DA's office. I met with ADA Tina Richardson and asked her about using the subject as a CI. ADA Richardson told me I would have to get clearance from probation because she was "on papers." I walked next door and asked the Community Supervision Director Catherine Betts. Her response was hostile and was borderline unprofessional that I could not use any probationers as CIs. Because of the negative encounter with Betts, I ceased pursuing using the subject as a CI.

ADA Shelton made other procedural challenges on my knowledge and consent of the subject purchasing methamphetamine.  I was confident I adequately explained I had no influence on the subject's decision to make any such transaction, that the subject dictated to me her intentions only after movements started to locate and apprehend the codefendant.  ADA Shelton challenged my decision to not arrest the subject after the subject informed me she had purchased methamphetamine, and why I allowed the subject to proceed home with the drugs she had purchased.  I felt I adequately explained my goal and intention was to capture a fugitive, not make a drug bust.  

At the conclusion of the meeting, ADA Shelton expressed doubts of her ability to prosecute the case because of procedural errors on my part.

Rejection From the Harris County Constable Precinct 2

I applied with the Harris County Precinct 2 Constable's Office in Pasadena, Texas in March.  After "passing" the background check and making it through the interview process in May, I received a letter dated July 31, 2017 that read as follows:

Dear Mr. Goodson,

I would like to thank you for coming in for the preliminary interview with our Oral Review Board in the application selection process.  At this time, we have declined to proceed further in the selection process of your application with this agency.

Please note that you are no longer eligible to apply at this agency.

Sincerely,

//signed//

David S. Williams
Lieutenant
Harris County Constable Pct. 2

What the hell?  I could see not getting hired, but I'm not even eligible to apply with them again?  The application said if I was denied, I could apply again in six months. That was a pretty harsh rejection letter.  I was a little perturbed it took them from May 25th (my interview) until July 31st to FINALLY notify me I didn't get the job.  Before my interview, they expressed some concern over my reported history with the City of Domino.  I explained I was the chief of police there for four months before I resigned over inappropriate governance of the city.  I made the statement, "When they start passing indictments around here, I don't want my name on any of them."  The current mayor (as of this writing) was a citizen I had tried arresting for damaging his water meter (city property) and stealing water.  The judge wouldn't sign the warrant because she "didn't want to get involved" in anything going on with the city, and someone from the DA's office made the statement, "we're not touching Domino with a ten-foot pole."  Time went on, and that same citizen ran for, and was elected mayor.  He wasn't long into his term before he shut down the whole police department.  I provided a lengthy explanation of what happened in Domino, and I encouraged the investigating deputy to contact the former and current districts attorney to verify my side of the story.  In a phone conversation, the deputy told me, "I have all I need."  A couple of days later, I received an email inviting me to their command center for an interview.  I attended, and I thought it went really well.

Now, I'm not even eligible to apply with them anymore?  Something was wrong, only I didn't know what.

Discovery of No Due Process

I applied with another agency.  I've known the chief since I was a child.  He called me yesterday and told me he couldn't hire me.  He couldn't give any details, but suggested I go back and check filings in one of my previous cases.  Say, WHAT!?  

I went to the Cass County District Clerk's Office and obtained a copy of the motion to dismiss, and I was absolutely floored when I read it!  ADA Shelton suggested she wouldn't prosecute the case based on (her perceived) procedural error on my part, but never suggested to me she thought I was being dishonest.  

By the numbers, I hope to present a rebuttal and get it entered as official record, because this is narrative is so factually inaccurate that I suspect malicious and intentional deception on the part of ADA Shelton.

Motion to Dismiss Narrative filed by ADA Courtney Shelton:
While preparing for trial on March 22, 2016, the Assistant District Attorney, Courtney Shelton, discovered that there was potential Brady material that had not been disclosed to defense counsel.  That evidence consisted of a confidential informant1 who, prior to detention of defendant, had purchased methamphetamine from Littlejohn and his codefendant in an "uncontrolled" buy2.  Officer Jerry Goodson knew on December 9, 2013 that this drug transaction was going to occur3, and he impliedly consented to the transaction without attempting to "control" the situation4, such as is necessary when using a confidential informant5.  Officer Goodson then allowed the informant to proceed home with said methamphetamine6.  The informant was not equipped with a camera or microphone7.  Additionally, Officer Goodson failed to include any of this information in his report which was turned in to the District Attorney's office8.  Based on discussions with both Officer Goodson and other witnesses, it was this transaction which intended to serve as the basis for the initial detention9.  Therefore, any evidence regarding this transaction is material and shall be produced to both the prosecution and the defense10.  On March 22, 2016, while being questioned by Mrs. Shelton, Officer Goodson adamantly denied knowing that any such transaction was going to occur, and stated that he did not know methamphetamine was going to be purchased until after the transaction took place11.  He further stated that he prepared incident reports regarding said confidential informant that he created that day12.  Mrs. Shelton directed him to produce those documents immediately.  To date, those documents have not been produced13.  Mrs. Shelton has spoken with multiple witnesses, including the confidential informant, who stated Officer Goodson did, in fact, know the transaction was going to occur14.  It is this attorney's opinion that Officer Goodson intended to commit perjury15, and we therefore request that this case be dismissed IN THE INTEREST OF JUSTICE.

1 - I had a source who was not ever a "confidential informant."  I explained that to ADA Shelton numerous times.  She stated former ADA Tina Richardson (who initially accepted the case, but had since quit when Randy Lee beat her in the election for DA) told her I had a confidential informant.  That information was incorrect, as a confidential informant is under contract with the agency (my office) with consent of the District Attorney.  I NEVER HAD A CONFIDENTIAL INFORMANT.

2 - This is unproven.  The subject (who was NOT a confidential informant) told me she was going to purchase "a quarter," then later surrendered a baggie of an unknown white substance that tested negative for methamphetamine. The subject told me it was a "half gram of meth" that she purchased from the codefendant, but I did not witness the transaction, and no methamphetamine was given to me by the subject (who was NOT a confidential informant).

3 - Date/Time stamped facebook messages indicate I attempted to contact the subject (who was NOT a confidential informant) twice on December 9, 2013, but received no response until the next day (the day of the actual arrest).  

I can't figure out if ADA Shelton just "made up" that date or if a magic fairy told it to her, but I produced nothing to indicate I knew of any transaction on that date.  I learned of the transaction when the subject (who was NOT a confidential informant) called me on December 10, 2013 while I was waiting at the Law's Chapel Cemetery for her to tell me where I could find the codefendant.  The subject (who was NOT a confidential informant) told me she took money out of the ATM because the only way the codefendant would agree to meet was if she bought a "quarter," because the codefendant needed the money to get out of town.

NOTE:  The "deal" referenced did NOT include a drug transaction, but rather me, the sheriff, and the Cass County District Attorney's Office contacting probation on the subject's behalf in exchange for giving the location of the codefendant.  A drug transaction was NEVER part of the terms of the "deal," as is reflected by text message screen shots and facebook chat transcripts I have as evidence to prove my claim.

4 - I did not consent to any such transaction, explicitly or implicitly.  The subject (who was NOT a confidential informant) contacted me and told me the general area she was meeting the codefendant, and then told me her intentions.  The absence of objection is not an absolute implication of consent.  I did not expect the subject (who was NOT a confidential informant) to purchase methamphetamine, I expected her to provide me the location of the codefendant.

5 - See the multiple references is points 1-4 that the subject (here out will simply be referred to as "subject") was NOT a confidential informant.

6 - I was concerned with capturing a fugitive from justice, not arresting anybody on a drug-related offense.  The subject told me she was going to purchase drugs, and I dealt with the subject at a later time (refer to point #2), but arresting the subject for allegedly purchasing methamphetamine was not the objective.  Capturing the fugitive was.  The subject was assisting me with capturing the fugitive (the codefendant), and took it upon herself to allegedly purchase methamphetamine in order to "lure" her out of hiding.  I had been looking for the codefendant for a while.  Sheriff Larry Rowe had told me to arrest her if I could find her.  He stated, "I want her in my jail."

7 - Referring back to points 1 and 6, the objective was not making arrests on drug-related offenses, but capturing a fugitive.  All subsequent charges filed were peripheral to the main objective of capturing the fugitive.  As the Cass County Precinct 2 Constable, my administration was noted for capturing several fugitives, not conducting drug stings.  I adamantly explained that to ADA Shelton several times.

8 - I intentionally omitted my source's name after speaking with Cass County Sheriff Investigators Mark West and Terry Russell.  Specifically, I asked if I had to disclose the subject's name as my source of information in locating the fugitive.  Inv. West and Inv. Russell were in agreement that probable cause for the initial contact wasn't necessary because there were active warrants for their arrest, and my purpose for the initial contact was to apprehend a fugitive on the active warrant.

9 - By including me, by name, in this statement, any prudent person would believe I had given ADA Shelton some reason to believe this statement was true.  I did not, either verbally, or in my written reports, indicate the alleged transaction served as any basis for the arrest of the defendant or codefendant.  I explained the purpose to ADA Shelton several times.  The first paragraph of the narrative in my offense report reflected the goal and intent of the initial contact and subsequent arrest was for the apprehension of the defendant and codefendant on active warrants.  Here's the paragraph:

On Tuesday, 10-DEC-2013 at approximately 1252 hours, I started towards County Road 1115 after I received information [defendant] and [codefendant] would be at that location. I had knowledge both [codefendant] and [defendant] had active warrants for their arrest. I contacted Trooper Wayne Johnson and requested his assistance at that location. Trooper Johnson advised me he was with Cass County Deputy Sheriff Alan Powell, and would request his assistance, as well.

There was no information provided by me that ever indicated the initial detention of the defendant or codefendant was predicated on any drug-related charges.  

10 - The "evidence" surrendered by the subject did not test positive for methamphetamine.  There was no chain of custody control of that "evidence."  The "evidence" was immaterial because it had nothing to do with any of the charges filed against the defendant or codefendant.  I did not witness any transaction, I just have the statement from one person that such a transaction took place.  

11 - I did not deny knowing the transaction was going to take place.  I denied giving any suggestion or consent to such a transaction.  I denied knowing the transaction was going to take place until the defendant was en route to meet with the defendant and codefendant.  ADA Shelton challenged my denial of using the subject as a confidential informant by questioning why I didn't arrest the subject after I was told the subject was going to purchase methamphetamine.  I explained to ADA Shelton, quite adamantly, arresting the subject for possession of a controlled substance was not my immediate objective at that time.  Arresting a fugitive from justice who had been "hiding out" was.  I tried explaining to ADA Shelton that I couldn't do both at the same time.

12 - Referring to points 2 and 11, I informed ADA Shelton the subject had surrendered "something," but it didn't test positive for methamphetamine using a field test kit that Inv. West had given me earlier that day.  She asked what I did with the "evidence," and I told her I logged it in as evidence with an incident report reflecting such.  

13 - I attempted to email ADA Shelton the dashcam video, but the file attachment was too large when I got back to my office.  Two days later (March 24), I delivered the original hard copy out of the incident report folder to the DA's office.  Referencing point #3, ADA Shelton referenced "December 9, 2013," specifically, in her accusation against me, presumably because I mentioned "deal" in the message I sent to the subject via facebook messenger.  Although the "deal" did not include a drug transaction, I used the word on the date in an attempt to communicate with the subject.  That chat transcript was provided along with the hard copy of the incident report ADA Shelton claimed to have never received.  How did she get the chat transcript without getting the incident report that was submitted at the same time?

14 - I did not know any transaction was going to occur (refer to point #3) until the subject told me she took money out of the ATM machine before she went to meet with the defendant.  I challenge the veracity of any of the "multiple witnesses" ADA Shelton claims to have spoken with.  

15 - I cannot attest to anybody's opinion, but I can certainly and reliably claim that opinion is not based on any tangible evidence or information.  I did NOT intend to commit perjury.  I am human, and I am not infallible, but I do not believe, at this time and in this case, I even made a mistake of fact.  

More Than Just Rumors

After reading that bogus narrative, it appears to me ADA Shelton was more interested in destroying my career in law enforcement than she was prosecuting a criminal.   I never took it personally when the DA's office decided to drop one of my cases.  I explained to ADA Shelton and former DA Investigator Sherry Gillespie shortly after I started working in law enforcement that it was "my job to catch the bad guys, and their job to prosecute them.  It doesn't matter to me if a case gets dropped, I still did my job."   

As of now, I am branded a "Brady Cop," and I cannot find employment with any law enforcement agency.  I have been unemployed since the first of the year, primarily because the employment screening process is not a fast one.  Law enforcement agencies are REQUIRED to do a thorough background check, and as a peace officer, I am REQUIRED to be truthful... COMPLETELY truthful.  I was unaware of this slanderous narrative until yesterday after my denial for employment at the second agency I've applied with.  Harris County Precinct 2 didn't notify me of this damaging information (and as such, they aren't required), but I'm glad I've now been, at least, given a "heads up" as to why I can't get hired.

Correcting the Record

After I obtained a copy of the motion to dismiss, I spoke with DA Lee, challenging the veracity of the motion.  I expressed objection to such a slanderous narrative being allowed to be entered into court record without my having any due process to challenge the veracity as a matter of official court record.  I also questioned his honesty and integrity when he told me in our meeting that I was not a  "brady cop," and that his office had "no problem" with me.  I, also, asked him what kind of recourse I had to get this corrected as a matter of official record.

He told me he wasn't dishonest with me in our meeting, and that he was unaware of the contents of the motion at the time ADA Shelton filed it.  He believes there's a way to "correct" it, but he was unsure of exactly how to do it at that time.  He requested the "missing information" ADA Shelton claimed I never submitted.

It took me until 2:16 this morning to complete the email I started composing, but I filed a formal complaint with the DA's office against ADA Shelton.  Earlier this afternoon, I delivered a thumb drive to the DA's office for DA Lee with all of the information ADA Shelton claimed to have never received.  It's my hope DA Lee can help me correct the record.  

And now I wait...

 

UPDATE:  17-AUG-2017

I heard a rumor that Courtney Shelton was going to run against Randall Lee for Cass County District Attorney.  The rumor was confirmed just a little bit ago when a friend of mine told me Courtney Shelton had a facebook page for her campaign.  I just checked it out and saw this post:

She stated, "It's time for Cass County to have a District Attorney that truly loves the job, and someone who is dedicated to serving both the citizens and law enforcement."

I found a link to her campaign website where she states on the front page, "Lastly, if elected, I will continue working with local, state, and federal law enforcement in pursuing drug and human trafficking cases."

Reading the motion she filed, it appeared to me that she was more interested in unjustly destroying my career in law enforcement and NOT pursuing a drug case.

It makes me wonder how many OTHER drug cases she's sabotaged in an attempt to make her boss appear weak on prosecuting drug cases?  What did I do to her?  What does she have against me?  

The narrative was "over the top" in simply getting a case dismissed.  It appears malicious and intentional.  I will DEFINITELY not be voting for her, and I'll use every bit of influence I can muster up to see to it she loses the election.

 

UPDATE:  18-AUG-2017

I went to the DA's office yesterday to review the case file.  DA Lee wasn't in the office as he had to testify in New Boston, but I was told I needed to submit a Freedom of Information Request in writing requesting to review the file.  I went to the DA's office this morning, and DA Lee wasn't there because he was in Atlanta for training.  I submitted a written request to review the case file, and he should respond in 10 days to let me know when I can review the file.

 

UPDATE:  19-AUG-2017

Disrespecting the Office of Cass County Precinct 2 Constable

In ADA Shelton's narrative, she referred to me as "Officer Goodson."  During a discussion with a peer that reviewed this post, he asked about my position in this case.  I told him I was the Cass County Precinct 2 Constable, and he pointed out she should have referred to me as "Constable Goodson" instead.  I pondered that for a while, and I believe he's right.

I wasn't "Officer Goodson."  I was Cass Count Precinct 2 Constable Jerry Goodson, elected by the citizens of precinct 2, and by statute, an associate member of the Texas Department of Public Safety.  ADA Shelton's lie wasn't just against me, it was a lie against my office, and she didn't even have the decency to reference me by my correct title in her narrative.

Formally, I retain the title of "Honorable Jerry A. Goodson" for life.  I don't retain the title of "Constable Jerry A. Goodson" because there's only one precinct 2 constable (the same as the mayor, governor, sheriff, etc.)  If I was elected into a position that several positions, I would formally retain the title of that office (such as councilman, senator, etc.)  

If I had made the arrest while working for any other agency, then it would have been appropriate to refer to me by "Officer Goodson," but I didn't.  I clearly filed the charges as Cass County Constable Precinct 2 Jerry A. Goodson, as reflected on the offense report.

 

UPDATE:  21-AUG-2017

At approximately 1213 hours, I sent this email to DA Lee (the names are redacted):

Mr. Lee,

While reviewing the motion to dismiss that was filed as an attack on my integrity and character of service, I saw that the case was dismissed without prejudice.

I'm not an attorney, but my discussions with my peers in law enforcement, as well as other attorneys, indicate the case is "bullet proof." Even with the assumption [SUBJECT] was a confidential informant (which she was not), it should have been an easy guarantee of a conviction for the DA's office. This case should be tried on the merits of this case, alone.

My sworn testimony should adequately squash any misconception of procedural error on my part, and adequately establish I never had any intention of committing perjury.

The miscarriage of justice in this case was two-fold. A criminal wasn't prosecuted, and an innocent law enforcement officer's reputation was tainted.

Here is a summary of facts for this case:
1. [DEFENDANT] and [CODEFENDANT] had active warrants for their arrest. [SUBJECT] told me where they were located.
2. I, and other law enforcement officers, made contact with [DEFENDANT] and [CODEFENDANT] who were arrested for those warrants.
3. During the contact, both were found to have methamphetamine in their possession.
4. I filed the charges on [DEFENDANT] and [CODEFENDANT] for possession.

Both subjects having active warrants, and my being notified of their location satisfied probable cause requirements to make the initial contact.

I am willing to testify to the facts of this case, as well as clearing up any confusion on my lack of involvement in any extra activities or alleged transactions relating to the locating of the fugitive ([CODEFENDANT]).

-=Jerry A. Goodson=-

I've expressed the desire to testify, under oath, to the facts that conflict with the motion incompetently filed by ADA Shelton.  While not a motivation for pursuing justice in this case, the political implications would be disastrous for ADA Shelton, who is running for Cass County District Attorney.  Not only would it be a "win" for DA Lee, but it would exemplify how Courtney Shelton is unsuitable to hold the office of district attorney, and should not be elected... as a matter of official court record.

UPDATE:  30-OCT-2018

Over a year has passed since publishing my last update, but new information was made available to me during a phone conversation last night. I've been given a lot of clarity on ADA Courtney Shelton's motive for assassinating my actions and motive.  Her motive is what I found to be the most perplexing... it seemed personal, and I couldn't figure out what I could have ever done to her to make her want to destroy my reputation and career.  As it turns out, it wasn't personal against me... it was to cover her unprofessional lack of diligence in preparation for trial.

The person I was speaking with said, "Judge Miller was PISSED!  He read the motion into the record from the bench, which I found to be unusual.  He wanted you brought before him to answer for what you did, but the DA's office talked him out of it."

All of a sudden, the "whole picture" made complete sense!  Of COURSE the DA's office "talked" Judge Miller out of bringing me up on charges.  My testimony would've exposed the sheer dishonesty in ADA Courntey Shelton's motion, as well as her failure to adequately prepare this case for trial.  

"The DA's office knows there's a difference between a confidential tip, and a contractual relationship with a confidential informant."

Since the time of my previous posted update, I went to the DA's office and reviewed the case file.  I met with DA Randy Lee, and he had the entire file box.  He told me there wasn't much he could do to correct the official record, but that he could provide me a letter from his office stating I was "good" to file cases in his office.  He, also, told me he wouldn't be willing to re-file the case because it was "tainted."  To date, and after several requests, I've not received any letter from him or his office.  DA Investigator Trey Massey sat with me while I reviewed the case file, and I found nothing that would seem to help or hurt my case.

DA Lee was very careful in the words he chose, but led me to believe I had absolutely no recourse.  What I learned during my phone conversation last night was that I do have some options available to me... and those options were confirmed when I visited the Cass County District Clerk's office earlier, today.  I requested a meeting with Judge Miller.  

I was only seeing this case from my perspective.  The enlightening phone conversation I had last night helped me fill in a lot of gaps.  Let's look at the timeline from a slightly different perspective:

2013 - DECEMBER 10 - I received a phone tip from [SUBJECT] as to the location of fugitive [CODEFENDANT] and [DEFENDANT].  Note the only information I received from [SUBJECT] that was germane to this case was the LOCATION of the defendant and codefendant.  After receiving the phone tip, I located the defendant and codefendant and apprehended them, with assistance from the Cass County Sheriff's Department and the Texas Department of Public Safety.  During the apprehension, both the defendant and codefendant were found to be in possession of illegal drugs... methamphetamine and hydrocodone.  I filed the case charging both the defendant and codefendant with possession.

I hand-delivered the case to the DA's office.  Clint Allen was the DA, at that time, and Tina Richardson was the ADA who prosecuted felony cases.  ADA Courtney Shelton prosecuted misdemeanor cases, at that time.  I discussed the case with ADA Tina Richardson, and while I intentionally omitted the subject's name from the offense report, I disclosed the subject's name to ADA Richardson.   I wanted to make sure ADA Richardson knew [SUBJECT] had "helped" in the apprehension of [CODEFENDANT].  I discussed my desire to use [SUBJECT] as a confidential informant, and wanted to keep her name out of the offense report.  ADA Richardson did not object to [SUBJECT's] name not being included in the offense report, and informed me I would have to clear using [SUBJECT] with Community Supervision because [SUBJECT] was on probation.

I went next door and asked Community Supervision Director Catherine Betts about using [SUBJECT] as a confidential informant.  Ms. Betts' response was an unwarranted tongue-lashing, and I stopped pursuing signing on [SUBJECT] as a confidential informant.  No contractual agreement ever existed.

2015 - JANUARY 01 - Randall Lee takes over as the Cass County District Attorney.  ADA Tina Richardson ran for the office against Randall Lee, but lost the election.  She did not stay on as ADA when DA Lee took office.  ADA Courtney Shelton was "promoted" into ADA Tina Richardson's position prosecuting felony cases.

2016 - MARCH 22 - I met with ADA Courtney Shelton per her request to prepare to go to trial.  Upon entering her office, she immediately began berating me for not disclosing I had used [SUBJECT] as a confidential informant.  Just as immediately, I became quite defensive, because I had disclosed [SUBJECT] had provided me only the location of the defendant and codefendant, and that a confidential informant agreement didn't exist between [SUBJECT] and my office.  

ADA Courtney Shelton made comments about how, "Judge Miller won't go for a continuance," and "Bryan Simmons is gonna have a field day with this."  She stated she "found out" [SUBJECT] was my "CI" from former ADA Tina Richardson.  ADA Courtney Shelton stated to me, "You can use confidential informants, but you have to tell us."  

I responded that I did, in fact, inform the DA's office when I filed the case.  

I was upfront and honest with the DA's office about my actions leading up to apprehending the fugitive.  I was never dishonest, either by statement or omission, with the DA's office about any aspect of filing this case.

What I didn't know, at that time, was that discovery already took place, and ADA Shelton failed to disclose [SUBJECT's] identity to defense counsel.  

THAT is why the DA's office "talked" Judge Miller out of bringing me in for any kind of judicial procedure for my "misconduct."  It wasn't to "do me a favor," it was to keep the facts surrounding my actions hidden that would expose the mistakes made by ADA Courtney Shelton.

UPDATE:  28-NOV-2018

After a few drafts (one of which containing six pages), I finally mailed off the letter to Judge Miller.  I received a letter from him that was mailed on November 6th stating he needed more details before he could agree to a meeting concerning a case.  This is what I sent:

5th Judicial District Court
PO Box 510
Linden, Texas 75563

RE: Request for meeting regarding Cause No. 2015F00025

Your honor,

Thank you for your quick response to my request to meet with you regarding Cause No. 2015F00025.  My only interest in the outcome of the case is in regards to the intentional and willful deception the District Attorney’s Office presented to the court in regards to my actions, character, and integrity to effect the case dismissal.  ADA Courtney Shelton exaggerated my involvement in an alleged illegal act, then she lied when she opined I would commit perjury in her motion to dismiss this case.

ADA Courtney Shelton made a mistake during discovery when she failed to notify defense counsel, Bryan Simmons, of the identity of the person who provided me with information as the to location of the fugitive, Monique Irwin.  I did not identify the person who provided me with the information in the offense report, however, I was very honest and open with former ADA Tina Richardson when I filed the case regarding all aspects, circumstances, and identities that led to the capture of the fugitive, and subsequent arrests for possession of illegal narcotics. 

ADA Courtney Shelton called me into her office in preparation of trial just days before it was to be heard in your court.  When I arrived at her office, the first words out of her mouth were, “Well, you screwed up!”  I didn’t show up for a meeting, I walked into an ambush where she made a few hostile accusations about using a “confidential informant” and not notifying the DA’s office I did so.  When she told me Tina Richardson had told her [SUBJECT] was my “CI,” I explained to ADA Shelton that [SUBJECT] was not my “CI,” and that I had discussed the possibility of using her as a “CI” with Tina Richardson.  I was very adamant the only information I received from [SUBJECT] was the location of a wanted fugitive.  The alleged purchase of methamphetamine by [SUBJECT] was without my consent or control.  I had no knowledge the alleged purchase was going to happen until immediately before it was to occur, and had no bearing on my intent to capture a wanted fugitive.  I discussed this with ADA Richardson the day after the arrest.  I, specifically, mentioned not including [SUBJECT]’s name in the offense report, and ADA Richardson told me it was fine.

I explained I wanted to pursue using [SUBJECT] as a confidential informant.  ADA Richardson explained she would have to be “under contract,” but that I needed to get clearance from Adult Community Supervision, as [SUBJECT] was on probation.  I proceeded from the DA’s office to the Adult Community Supervision Office and requested that clearance from Catherine Betts.  Betts unprofessionally scolded me in denying that request.

I didn’t learn of the fictitious motion filed by ADA Shelton for a little over a year and a half after being denied employment by two law enforcement agencies.  Since then, I’ve been struggling with what I could have possibly done to ADA Shelton for submitting something that seemed so personal.  I sought recourse through the DA’s office, requesting help from District Attorney Randall Lee in correcting the record.  He offered to write a letter for me to submit with future applications for employment.  To date, I’ve received nothing from him.  He wouldn’t take a formal complaint against Courtney Shelton, because by the time I had discovered the content of the motion she filed, Randall Lee had “discharged her of her duties” because she was running against him in the election.  He told me my only recourse would be to file a complaint against Courtney Shelton with the Texas State Bar.  I declined to do so, because any action the State Bar would take against Shelton would do nothing in my favor.

I continued to struggle with ADA Shelton’s motivation for writing the motion when I had a revealing phone conversation.  Discovery had already taken place, and ADA Shelton failed to inform defense counsel of [SUBJECT]’s identity.  ADA Shelton made comments that seemed innocuous to me during our meeting.  She said, “Judge Miller won’t go for a continuance,” and, “Bryan Simmons is going to have a ‘field day’ with this.”

Courtney Shelton’s motive for mischaracterizing my actions and lying about opining I would “commit perjury” was due to her perception of your hard-line personal policies against continuances and dismissals. 

Your honor, it’s my understanding that, at the hearing when this motion was read, you were upset with me, and wanted me brought in for some kind of judicial action.  It’s also my understanding ADA Courtney Shelton “talked you out of it.”  If that’s the case, I assure you, it’s not because she was “doing me a favor.”  She did not want me telling my side of the story.  This case has been unjustly detrimental to my career in law enforcement.  Barring my disagreement with ADA Shelton on what is or isn’t, in the legal context, a “confidential informant,” I certainly have never been dishonest or deceitful with her, or anyone at the District Attorney’s Office about any aspect of this case.  The District Attorney’s Office had this case for a little over two years.  Any deficiencies or discrepancies in my report, to include any necessary supplements, could have been corrected during that time if the District Attorney’s Office was diligent in the prosecution of this case.

The outcome of this case is of no concern to me beyond the deceitful attack on my actions, character, and integrity.

Thank you for your consideration.

 -=Jerry A. Goodson=-

I sent it certified, so I'll go get a file-stamped copy from the District Clerk's Office when I get the return receipt back.

 



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