MALOUFF, CHARLES a Jr.

December 22, 2014 Justice Sharon Keller Presiding Judge Court of Criminal Appeals RECEIVED IN P.O. Box 12308 Capitol Station COURT OF CRIMINAL APPEALS Austin, TX 78711 This document contains some JAN 0 5 Z015 RE: 03-13-00723CR D-1-DC-13-904021A pages that ar~ of p~or quality ""'"" A osta, Clerk at the time of 1magmg. AYJJ'Ud C · Dear Judge Keller, I am co~ing to you in an attempt at preventing a furtherance of a miscarriage of justice. I am in dire straits, and I am pleading for help! M. Ariel Payan is my Appellate Attorney of record, and I have an irrepairable Conflict of Interest with Payan. As you can see by the enclosed documents and civil rights complaints, Payan and his wife are more than material witnesses in criminal conduct and gross violations of State and Federal law, Texas and United States Constitution's Rights of Due Process, Judicial Misconduct on the State Trial Judge, Karen Sage Complaint No. CJC No. 14-0~26-01, and egregious violations of the American Bar Association Model Rules of Professional Conduct, by Travis County District Attorney's Holly Taylor, my Prosecutor, Susan Oswalt, Greg Coxx and RoseMary Lehmberg, and my two trial attor- neys, Jackie Wood and Tamera: Needles, and Payan hims~lf. This fundamental miscarriage of justice and obscene Depriv- ation of Rights not only to myself, but my co-defendant, Mary-Jo Woodall as well. The State's malicious and vindictive efforts to cover multiple felonies, including Attempted Murder, through Payan's negligence and abandonment caused me to file a 132 page Brief with over 1800 pages and photos, not including the two co's of Tri~l Court records in a Writ of Habeas Corpus received by your office, WR82,475-01 on 11/24/14. This after being dismissed by Sage, in another innapropriate action, as she is the subject of a Judicial Misconduct complaint and a Federal Civil Rights Complaints on her, and her refusal to act on my Motion(s) To Remove Counsel and Bond For Certain Applicant's leaves me wrongfully imprisoned. I have not been conferred with over, nor provided a copy of Appellate Counsel's M. Ariel Payan's Brief. However, I have been informed through outside sources, that he has made several Patently_ False and Malicious statements in the Brief that must be Adamantly objected to! According to Jeffery Kyle, Clerk, Third Court of Appeals, that Court cannot remove Payan, and I cannot be present at oral arguments. I have bar grievances and civil rights complaints filed against Payan and any representation he provides me is a fur- therance of this miscarriage of justice. Your Honor, how do I get rid of Payan and get a conflict free attorney? Respectfully, Charlie Malouff CBQLBS A. ULOOPP, JR. § AD CHARLIE IIALOOPF § v. § CASE RO. 03-13-00723-CR § S'J.'Aft OP 'lBXAS § .MO'l'IOR '1'0 REMOVE APPODrl'KD APPELLA"l'B COORSEL '1'0 "filE BOROBABLB JUDGE OF SAID COURT Now comes, Petitioner, Charlie Malouf£, pro se, ~ the ~terest of justice to move the Honorable Court to remove appoin- ted Appellate Counsel, M. Ariel Payan, from this case and appoint another attorney who is not intimately involved with Petitioner's Trial Counsel; the Trial Judge; employees of the Travis County District Attorney; the Travis County Sheriff's Office; the United States Attorney's office; the City of Jonestown; or persons who testified as Government Witnesses in Petitioner's trial in the 299th District Court of Travis county, case No. D-1-DC-13-904201. DISCUSSioR Petitioner was convicted of Securing A Document By Deception in State Court. M. Ariel Payan was appointed Appellate Counsel by trial Judge, Karen Sage. An' irrepairable Conflict of Interest has been created by Payan's appointment, unproffessional conduct, abandomnemt and failure to recuse, furthering a fundamental mis- cariage of justice. CJIABLBS ·~ IIALOUPf' I .lR § AD: CBARLD IIALOUPI' § v. § CASE RD. 03-13-00723CR D-1-DC-13-904021 A § S'l"AD OP 'rBDS § IIO'fiOR POll BORD !!OR CBilrADI APPLICAlftS 'fO 'ftiB RORORABLB JUDGB OP SUD COUR'I' Row comes, Applicant, Charlie Malouff, pro se, in the interest of justice to move the Honorable Court to GRART Appli- cant's prayer for bond under Article 11.65,. Code of Criminal Pro- cedure, while seeking relief from judgement in the above·criminal case. DISCUSSION Applicant was convicted of Securing A Document By Deception in State Court. A motion to remove Appellate counsel M. Ariel Payan resulting from an irrepairabl.e Confl.ict of Interest, was entered at the 'lhird Court of .Ajppeals on october 30, 2014. An Application for Writ of Habeas corpus Seeking Relief From Final Felony Conviction Under Code of· Criminal Procedure, Article 11.07, As A Result of Violations of Article.1, sections 8, 9, and 10 of the Texas Constitution and the 'irst, Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution Re- sulting from Police, Prosecutorial, Judicial and Professional Mis- conduct was filed with the District Court of Travis County, Texas, Flied in The Distlict Court of Travis County, Texae TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A FROM: 66089179 TO: Malouff, Charles SUBJECT: Payan DATE: 05/30/2014 08:57:08 PM 5-26-14 Mr. Payan, I want to be sure there is no doubt as to the irreparable Conflict of Interest in your representation. This is not a politically correct letter nor is it intended to be. I don't know what they taught you in LAW SCHOOL, but I will tell you what they taught us in the POLICE ACADEMY. Attempted Murder is a CRIME. Sabotage is a CRIME. Destruction of a Federally Funded Energy Project is a CRIME. Theft of Trade Secrets is a CRIME. Industrial Espionage is a CRIME. Destruction of Evidence is a CRIME. Theft is a CRIME. Abuse of Office is a CRIME. Official Oppression is a CRIME. Conspiracy is a CRIME. OBSTRUCTION OF JUSTICE is a CRIME. ALL found in the Texas Penal Code and/or the United States Code. Do I need to keep going? Wood fucked my case because of her reliance that her "best friend", Sage, would show her favoritism. The windmills in the Jonestown Wind Project were SABOTAGED. That is a CRIME. There are POLICE REPORTS FILED months BEFORE the Gestapo showed up at my door. People tried to KILL me .. not once, but twice! {They should have gotten me when they had the chance. Fortunately, God wasn't ready for me.) That is a CRIME x2. Toby Miller and his fuckbuddy Lori Carter are covering up multiple felonies (CRIMES) committed by Miller and his cohorts, and CONDONED by Holly Taylor, YOUR BUDDY, and the District Attorney. And, Sage violated my right to due process, IN ADDITION to committing CRIMES for pecuniary interests in her re-election. MY constitutional rights have been GROTESQUELY violated, leaving Mary Jo out of this for the moment. Am I pissed ... YOU FUCKING BET I AM. Do I have a right to be pissed .. YOU FUCKING BET I DO!! Am I going to sit around and let you fuck me some more? NO FUCKING WAY! You, Jackie and Tamara made those statements, and at the time were sincere in your comments. You had no way to know my reaction. The fact that you said in your email ... the statements "WE" made ..... "WE" means not only is that an admission that not only you but at least two of you, DID make them, but the three of you are now getting your stories together because YOU THREE FUCKED UP. THAT, MR. PAYAN, is CONSPIRACY to OBSTRUCT JUSTICE (do I need to give you the Black's definition of OBSTRUCTION of JUSTICE?), because not only did I file the Judicial Misconduct against Sage (which YOU have refused to do) I filed a CRIMINAL COMPLAINT (which YOU did not do either) with the Texas Attorney General's Office for Abuse of Office for Pecuniary Interest, and Official Oppression. And, your attempt to thwart that by trying to suck wind on your statements. The fact is, that is OBSTRUCTION OF JUSTICE. A CRIME. CONSPIRACY, also a CRIME, is two or more persons, with the intent... and the three of you knowingly and intentionally trying to thwart criminal charges against Jackie Wood's "best friend" Karen Sage, is CONSPIRACY. AND, I would bet a dollar to a -doughnut, you have discussed this with not only your wife, but your_ pal Holly Taylor and her husband .. as you said, "We are a tight nit group and we all talk." .Further adding to your efforts to OBSTRUCT JUSTICE because no one has filed any motions or made any complaints to the Attorney General or U.S. Attorney. Not only in the Abuse of Office by Sage, but in the Destruction of a Federal Energy Project. In addition to your inaction CRIMINAL CONDUCT, it violates the Texas Disciplinary Rules of Conduct 8.04 (4). You ARE a material witness to CRIMES, and Professional Misconduct Mr. Payan. As a material witness in both State and Federal CRIMINAL actions, and professional license administrative action, you cannot represent me, or stay on as my counsel for ANY length of time, as each day you remain violates my right to due process, and is furtherance of your intentional OBSTRUCTION OF JUSTICE as you are doing nothing in light of your responsibility to report. I didnt put up with Miller and Cook's criminal conduct and I wont put up with Sages or yours. Sage and the District Attorney, with their biased Austin American Statesman (go read the articles during my trial), may control what happens in their little circle, but I PROMISE, I will be out of here shortly and I WILL BE ALL OVER THE INTERNET, INTERNATIONAL NEWS AND WASHINGTON DC. This was FEDERAL FUNDS!! And those are FEDERAL CRIMES begin COVERED UP!! So, like I said. I will make this very Clear. Get OFF my case and get me an attorney who's spouse does not work for the District Attorney, who is NOT fucking Toby Miller, his wife, Lori Carter, Jackie Wood or Tamara Needles or is 'best friends" with Karen Sage before you dig yourself deeper into CRIMINAL CONDUCT. Charlie Malouff TRULINCS 66089179 - MALOUFF, CHARLIE- Unit: BAS-C~A FROM: 66089179 TO: Malouff, Charles SUBJECT: Conflict of Interest DATE: 05/23/2014 12:09:23 PM 5-22-14 Mr. Payan, In light of the circumstances, I have given this ser~ous thought. I feel the irreparable Conflict of Interest has come to pass. I have filed a Judicial Misconduct with the State Judicial Commission, a formal complaint with the TX Attorney General, formal complaints to Congressmen Bob Goodlatte, Chairman House Judiciary Committee; Daryl lssa Chairman House Oversight Committee; Senator Ted Cruz; and the U.S. Department of Justice. I am in the process of contacting numerous international news agencies. Austin news has proven to be biased. As I said in my previous letter, I have NO INTENTION. of letting this ~~ . We both know you and Jackie made those statements. Your earlier response saying they were "taken out of context" is an admission they were made. Sucking wind now to say they were out of context, considering the magnitude of circumstance, doesn't cut it with me. We both know Sage "GOT IT". She knew I was innocent. She knew Taylor was still hiding Brady. She knew Carter and Miller were liars and full of shit. Speaking of SHIT, she read just about every piece of discover BEFORE it was brought into trial. That is in trial statements early on with Joe Turner, over Lori Carter's, multi-author, original police report that she LIED about on the stand, trying to pass off a 25 page document when it the actual report was over 225 pages and actually ended up being even larger. Sage's decisions WERE POLITICALLY motivated. SOMEONE WANTS THAT WIND ENERGY PROJECT DESTROYED. Pecuniary interest is illegal. Plain and simple. That said, you are now a hostile defense witness in criminal allegations against Abuse of Office for Pecuniary Interest, Official Oppression, Judicial Misconduct and whatever else comes out of this. AND, since there will be no attorney client privilege, you are also subject to interrogation over what you do know about the case in general, as this is a COVER UP FOR MULTIPLE FELONIES AND CONSTITUTIONAL VIOLATIONS. What needs to be done immediately is a demand for new trial considering these allegations, a change of venue, and formal criminal investigations. Her denial of these motions is further proof of her politically motivated intentions to convict and imprison INNOCENT PEOPLE! As a material witness, who is going to be contradictory to my allegations, I cannot in any way see how you can effectively give me the zealous advocacy I am entitled to, or how, in any way shape or fashion, I can have any attorney client privilege with you, let alone trust in your ability to provide me effective counsel. Your attitude about Sage, and your relationship with Holly Taylor and the District Attorney's Office, is too compromised to give me effective representation against Wrongful Conviction, False Imprisonment and the Abuse of Office and Official Oppression for Pecuniary Interest. I am still working on getting a polygraph examiner. Thanks to the Debarment action by DOE, that has been pushed back a little. The Judicial Misconduct is addressed in that action too. I have demanded, as my right under the Code of Federal Regulations to have a hearing, and I have demanded that hearing be in front of both Congressional and Senate committees. Copies of my letters to DOE and OPR have been sent to multiple legislators and others. I stand by my request of you finding me an attorney who's spouse does not work for the District Attorney; is best friends with Sage or anyone at the DA; or is fucking Toby Miller, Lori Carter, Jackie Wood or Tamara Needles. This needs to be done as soon, as possible as further delay will only be taken as intentional action to continue to violate my rights and exacerbate the COVER UP of Attempted Murder, the Destruction of a Federally Funded Energy Project, Theft of Trade Secrets, Destruction of Evidence, Abuse of Office, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, Corruption, Miranda and Brady Violations, Selective Prosecution, Prosecutorial and Judicial Misconduct. Respectfully, ...._____ . r· Charlie Malouff TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A . . ----------~------------------------------------------------------------------------------------------------ FROM: Harris, Stacey TO: 66089179 SUBJECT: Ariel DATE: 03/21/2014 06:51:01 AM 'Mr. Malouff, I certainly respect your efforts. the .....__trial. transcript is due by 4-2 according to the 3rd court of appeals web site the court reporter has requested a 30 day extension to turn in you record as I put in my initial letter to you, this is a long process and will take quite a bit of time. for instance at the current rate it is taking to put the record together, I would not be surprised if the appellant's brief is not filed till september or october, or possibly later. most jury trials take 3 to 5 days and have less than 50 exhibits, and the records are turned in within 180 days of sentence. Your trial was a month long, and the volume of exhibits exceeds that of a capital murder trial. that means it takes loriger, no matter how inpatient a person gets, it takes a long time. The delay is standard, read the initial letter I sent you again. Whatever Judge Sages decisions were or the rationale behind them, _they have no bearing on the procedures of the 3rd Court. Also I think you are misconstruing what~told you about the 'political' nature of the rulings on certain of your motions, and pulling that one phrase out of context otOU'fconversation. Sincerely,. Ariel Payan TRULINCS 66089179- MALOUFF, CHARLIE- Unit: BAS-C-A FROM: 66089179 TO: Malouff, Charles SUBJECT: Ariel DATE: 05/11/2014 04:42:32 PM 5-10-14 Mr. Ariel Payan 1012 Rio Grande Austin, TX 78701 Dear Mr. Payan, As you know, I am a decorated, and honorably retired, chief of police, and Military Veteran with 29 years service to my country. I was shit on by the government for the conduct of another, while I was off fighting a war, back in 2006. While I tried to put in for a Presidential Pardon, it was NOT denied and left open for me to re-apply. Recently, I found the United States v James V Vest case, and it is clear what the intent of Congress was on those laws, further infuriating me as to the misconduct and abuse of · power of the government. Now I am in jail for crimes I did not commit, perpetuated by the cover up of criminal conduct by persons in positions of trust in the government, and decisions made by a judge for picunary interest. The case against me here is not just a simple abuse of power, but an outrageous and unconstitutionally oppressive miscarriage of justice. We are talking about violations of the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments, Articles I and II of the U.S. Constituti.on, I dont know all of the Texas Constitution violations (by amendment or article), and multiple violations of Federal and State criminal· laws, by the police, prosecutor and state trial judge, compounded by the ineffective assistance of my trial attorney who is also the judges best friend, and now further complicated by the Department of Energy in Washington, DC, at the urgance of the Travis County District Attorney. · In addition to responding to the Department of Energy, I have sent a formal complaint to the US Department of Justice, Office of Professional Responsibility, for an official investigation. Additionally, I am doing everything in my power to get a Congressional Investigation into this case, and the conduct of DOE, the District Attorney, Miller and Sage. I have had it. I am NOT a criminal minded person! · There is no question the statements made in my allegations regarding Sage are true, and will be shown as true in multiple polygraph examinations. I have no intention of letting that go. I have found several cases now where the judges ruled against the attorneys in similar cases, stating "it is not the context of the statements made by the attorney, but the fact that the attorney made the statements." It is clear this is a complicated and complex case. It is also clear that I have multiple grounds of Ineffective Assistance of Counsel, and Bar Grievances against Jackie and Tamara and Wannamaker, and a Judicial Misconduct on Sage. Cutting to the chase, you know as well as I do, your "good old boy we are lawyer buddies association", is going to do what you can to fight me in my arguments and grievances. I expect that. I will be out of here in 8 months. Shortly thereafter, I will parole out of TDC should I go there. I promise all my grievances, supporting documents and video, and polygraph results will be posted all over the internet and on TV. Austin papers may be biased in favor of the DA, but international news loves US government abuse to its own people. Social media has proven its effective against government oppression. That said, right now there is a crack in the sidewalk you and I are walking on. While I do not want to see it become an uncrossable gorge, I have been denied my rights to see the evidence against me by Jackie, along with her constant refusal to get me important court. documents and evidence I left with her prior to my incarceration. Not just for my federal case, but for important exculpatory review for my state case. I am NOT an idiot. As she said, no one knows more about my case than I do. There is NO RECORD on file of Jackie, or Tamara EVER coming to Bastrop to see me. There should only be three visits during the times I was incarcerated in Travis County Jail of their visits, and I think the longest was 45 minutes. THAT IS BULLS HIT for a capital case that is as complicated and complex as this. As you said, my trial was longer than a capital murder trial, and we didnt put on a defense because Jackie Wood KNEW Sage "has my back." You know it and so do I. And, so do they! Then, to top it off with this shit with Sage and her re-election ... Right now, I really feel it is in both of our best interest you consider recusing yourself from my counsel. The facts that you will not file complaints with the Judicial Commission against Sage, or the Bar against Wood, or file a motion for a new trial; your wife works for the District Attorney and the statements you made regarding Sage; your telling me to my face, that day of the last TRULINCS 66089179 - MALOUFF, CHARLIE - Unit: BAS-C-A hearing with Sage, you were going to argue Taylor's motions and challenge Carter's Affidavit, and you stood there and did nothing, has disintegrated and prejudiced any level of trustworthiness that has been developed between us, so far. And, to lie about those statements will irrepairably disintegrate any level of honesty that I have in respect for you as an officer of the court, further prejudicing my rights to due process and a fair appeal. I already lost a fair trial, by people I was supposed to trust. However, in the interest of fairness, and the benefit of the doubt to your integrity and intentions as an officer of the court, at this stage, please tell me how you think this crack can be patched? If it cannot be patched, before you become a target of more critical oversight, micromanagement and lAC, please consider finding me an appellate attorney who's spouse does not work for the District Attorney; is best friends with Sage; is not fucking Toby Miller, Lori Carter, Jackie Wood or Tamara Needles; and, ·who is experienced in both Texas and Federal Constitutional laws in a complex and complicated case, further compounded by the DOE"s latest act of Official Oppression at the behest of the Travis County District Attorney. I admit, I AM an ASSHOLE!! I have never denied that. I will tell you that to your face and put it in writing. Being an asshole does not make me a criminal. But, I am also a fair person, and every man carries his own weight, integrity, honesty and trustworthiness. If you think you have the balls, integrity, and honesty to step up to the plate and not fuck me around anymore, please arrange to come visit with me in a face to face and let's get this worked out. Otherwise, as time is of the essence, and in both of our interests, please find me a competent appellate attorney without the baggage stated above, to zealously, honestly and ethically represent me, and move on. Respectfully, ~ Charlie Malouff / TRULINCS 66089179 - MALOUFF, CHARLIE - Unit: BAS-C-A --------------------------------------------------------------------------~-------------------------------- FROM: 66089179 TO: Malouff, Charles SUBJECT: ARIEL DATE: 03/29/2014 01:00:32 PM 3-28-14 Mr. Payan, Both Jackie and Tamara told me that " ... Holly Taylor should not be prosecuting this case." YOU told me Holly Taylor should not have P,.osecuted this case. Jackie and Tamara both told me there needed to be a Special Prosecutor. This was AFTER 1 sUIDnitted my 2255 and Jackie and Joe Turner both got copies of it. I cannot believe that they did not address this to the Court. My 2255 alleging Police Misconduct and Selective Prosecution was submitted over a month before my state trial. It boggles me to believe that none of the newspapers did not ·contact Karen Sage for comment before or during my trial. If not, they sure as heck contacted the DA. And, because Karen Sage made her decisions to deny me my motions for mistrial, dismissal, Franks hearing and other motions, for POLITICAL considerations, someone I am sure intimately GOilnected to Rosemary Lehmberg, contacted her. I WILL find out who. Just a matter of when~ Holly Taylor, m~ prosecutor, was specifically named in accusations of the covering up of criminal conduct, Constitutional .and Civil Rights violations and violations of Federal law in my 2255. Yet she still stayed on as my prosecutor. What part of violation's of the Constitution and Due Process am I missing?? The Preamble: A Lawer's Responsibilities in the Texas Rules of Professional Conduct (see attached), Section 1 states you are my representative and an officer of the legal system and that you have an obligation to maintain he highest standards of ethical conduct. Section 2 states, as my advocate you have a responsibility tci zealously defend me. Section 3 says you are to zealously pursue my interests within the bounds of the law. My instructions and complaints not only fall within the bounds of the law under the Constitution's of both Texas and the United States, but also the very rules that regulate you as attorney's and judges. 1have legitimate complaints of violations of law. Section 8 says you have a responsibility to assure these regulations are undertaken in public interest and not in self-interested concern and any neglect of these responsibilities compromises both the profession and the public interest. Consitutional violations of this magnitude are definately public interest. The Texas Attorney General investigates the corruption of public officials. I am instructing you to, in addition to filing the appropriate complaints with the Texas Bar Association, and Texas Commission on Judicial Conduct, file a formal complaint with the AG. The Obstruction of Justice, covering up crimes under the color of authority, and for POLITICAL reasons are included in the term CORRUPTION, as defined on page 397 of the Black's Law Dictionary, Ninth Edition. YQ!!_need to read BOWEN and VIDRINE. Bot~ are beginning to pale i~ comparison in a precedent MISC~RRIAGE OF JUSTICE. BOWEN was mostly the egregious conducf of the prosecution. VIDRINE was mosty the egreg1ous and outrageous misconduct of the police. THIS not only involves the prosecutors, but the cops, elected officials, multiple government agencies, local, state and Federal, AND the presiding state JUDGE. AND, the MALICIOUS, VINDICTIVE, and SELECTIVE, prosecution of TWO. INNOCENT people FOR PERSONAL GAIN and POLITICAL FAVORTISM!!!!!I!!!I!!!I!!!!!!!!!I! Sincerely, Charlie Malouff TRULINCS 66089179 - MALOUFF, CHARLIE- Unit: BAS-C-A --------------------~-------------------------------------------------------------------------------------- FROM: 66089179 TO: Malouff, Charles SUBJECT: ARIEL DATE: 03/22/2014 06:34:04 AM 3-24-14 Mr. Payan, The Supreme Court just ruled against Terry. That is how I found this. I have been yelling and screaming since the day I was arrested, this case is NOT about fraud or deception, or insider information, but the COVERING UP of Miller's crimes, Constitutional and Civil Rights violations by Carter and Taylor, and the DESTRUCTION OF A FEDERALLY FUNDED WIND PROJECT BY DOE, THE DA AND JONESTOWN!! What part of FEDERAL CRIME do you people NOT understand? I said it then, and I stand by it now! Sage is a judge who supposedly "GOT IT," according to her BEST FRIEND, AND Tamara Needles, who has no stake in their friendship. Political office does not give imunity to persons engaged in or in covering up crimes. There is NOTHING MISCONSTRUED in my statements!!! So you are aware, I was, a long time ago, directly involved in .SEVERAL elected offical corruption cases. Three specifically, that I will address here, were, former Speaker of the House, Jim Wright, who took a forced retirement, former Congressman Albert Bustamante, who finally got three years on contract fraud, but was involved in much more, and Bob Bullock, our former Lt. Governor, who, in his early years; and when he was Comptroller, was directly connected with the Mafia Kingpin, Carlos Marcello. It was I that brought that connection to light through an investigation I was conducting (Lead Investigator) over in Houston. The outcome is irrelevant. He is gone. There are more. What is important now, is YOU, Jackie nor anyone else can . tell me this is NOT a cover up to multiple crimes, state and federal. I can show you MULTIPLE cases, with convictions, of elected officials, JUDGES included, in recent years, and in Texas alone, that were involved in corruption. More and more cases against District Attorney's wrong doings are coming to light I am VERY SERIOUS about my allegations and my intentions to get a federal investigation into this cover up. I am not doing this just to blow smoke up peoples asses. There are pictures, and statements, and witnesses, and physical evidence to these crimes!! Its called EVIDENCE. PHYSICAL EVIDENCE. You, as attorney's are officers of the court. You have a DUTY TO REPORT! If it involves attorneys and judges playing games, so be it. It is already full of crooked cops and prosecutors. 1am NOT a criminal minded person and according to Jackie, EVERYONE knows we were WRONGED. Mary Jo and I already knew this. Mary Jo committed NO CRIME and for that matter, I COMMITTED NO CRIME. There is absolutely NO WAY Mary Jo could have ever gotten a fair trial in Sage's court, not after this blillshit. · 1. 1told Jackie, Tom Walsh, Kristen and the first lady atty that was before Tamara, in the first big meeting in Jackie's office, that we could not get a fair trial in Sage's court. 2. There needed to be a change of venue. 3. Jackie told me then that we didnt want a change of venue and "Karen is my best friend," and "this is good we have her." 4. Jackie and Tamara told me there needed to be a SPECIAL PROSECUTOR. Duh! There is more. Please do not take me lightly, or ignore me on my instructions, or my participation in this appeal process. It will not end up good. See you at polygraph. 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'-..------ ---·- ·~ -~ ., _________. ____._______ --~---• ...... ·--· ----- ......... _~_ . ,_ -~--------- ·-- -- ----------------- February 12, 2014 Mr. Ariel Payan Attorney at Law 1012 Rio Grande Austin, Texas 78701 Re: Violations of The Texas Code of Judicial Conduct; Texas Rules of Professional Conduct: Texas Disciplinary Rules of Conduct; Sixth Amendment Right of Due Process Mr. Payan: These issues need to be addressed now versus later. These are the facts of the above violations of professional conduct and law: 1. When Jackie Wood was first appointed my trial counsel, I expressed serious concerns regarding the integrity of the 299th District Judge, Karen Sage, because of her relationship to the Travis County District Attorney, and the Democratic Party. I told her this case was a case of malicious prosecution perpetrated by Travis County Deputy Sheriff, Toby Miller and his friends at the District Attorney's office. Jackie told me Karen Sage was "my best friend," and that their friendship was "a good thing," inferring judicial integrity. 2. In my last visit at the Travis CountyJail with Jackie Wood, just prior to trial, she again told me Judge Karen Sage was her "best friend" and "Karen has my back." While I do not have the jail records showing the exact date of the meeting, it was the meeting where she left me documents addressing both sides witnesses after giving me an email dated 7- 22, 2013, 8:06a.m. (see attached). This was in the visiting room where I met you, on the 3rd floor. 3. During the course of the trial, juror's kept falling asleep. One time, as many as five jurors were falling asleep and not paying attention. I brought this up to Tamara Needles, my co- counsel and Jackie. Tamara told me as long as they were falling asleep on the prosecution, that was a good thing. I made notes on the yellow tablets given to me by counsel. After the prosecution "rested," we excused to go back and confer in the visit room. Once in there, we discussed the jurors falling asleep, and the situation with the jury and where to go with the defense. According to Jackie and Tamara, we were "losing the jury." I could see they were falling asleep, but I did not recognize that as "losing the jury." We had only gone into the prosecution side, and it is incumbent on the defense attorney's to keep them awake during the defense presentation. In that conversation both Tamara and Jackie told me Sage "got it!" Jackie said, "Karen's got it!" She told me this several times. She also said "Karen has my back!" We discussed having Dan Dodson, City Administrator for the City of Jonestown, and Mike Fox, my former Installation Supervisor, testifying. Jackie and Tamara both told me we had "disproved" the state's case. Jackie said she was concerned we were losing the jury; and if we put on a defense we might lose them. She said we had several week's worth of witnesses. Again, we discussed at least putting on Dodson and Fox. Again, Jackie said, "Karen has my back!" Jackie told me she has "a lot of experience with jury's," that I should "trust me" and we should rest. Tamara was in and out of the room during a lot of the conversation. I told Jackie I really wanted Fox and Dodson to testify. I was also mad over the Karlson issue. Jackie said, he, (Karlson) said there was a stack of blank pre-signed papers. I told her I wanted to see them. And, there was also a power chart, in addition to a video we had of a· working prototype at the UT JJ Pickle Center, that Karlson had done the testing on, and that Eric Graham created from Karlson's test somewhere in Discovery. And that the DA was still hiding that if they had not offered it up. I told her Karlson's declaration was similar to Fred Herber's because I used Karlson's to create Herber's. They would look almost the same, side by side. She was insistent she wanted to rest. Jackie told me "trust me!" I still reid~h'6E!£Si&!th1irriQ''ill&tinan&!s16rM;tauffarit:f · mp;t,ti:·'''···'' ·' ··· ·""' · District Judge Karen Sage denied the request and ordered everyone. including jurors, tq return on Wednesday. But she left one opening for the defense: If Malouff is oonvicted offraud charges, the judge would ~-e-~~~~. ~~.J.!~!"Jl~w'f~'1~!\\. ey~:mbti~ .fpr;:$ [leY/.;tD~!.~n :ft.lfl grounds that prosecutors "':'~-lllag~1.ift~ . s~·~u'if8!'p.use · Wood suggested that one key prosecution witness, Deputy Toby Miller, "double dipped'" by claiming hours at the Travis County Sheriff's Office while he was working at Malouff's company, CM Energies. She_ noted tl_lat pro.secut()rS did not bring charges against Miller. li.rRS.JlSY~ · ~a~edQ~dJh$;~®lJbt~g;~C.Iafmiflut said they had looked irito his background and had ncii found a problem: · ·· - · ·· · "I'm appalled that anything Toby Miller said is being considered," Wood said. The defense also claimed prosecutors overlooked possible misdeeds by others at CM Energies, including staff attorney Michael Guevara, wt\o signed the grant application, and Malouffs . daughter Dana Malouff McCoy, who testified she_ served as president in title only while her . father ran the company. · :.t• ,.fu.·-1 ''r"':.. '~itr'~.Uli~:·;.;j;.\,:j'_., ,.lMi.in!lBY.W8Si ~ · '"' ~~s~~~da' +kathtrnrs.tfidi,not.hCtart~=.;~tn9nY.il\t ......, .. ,Yi~.L,.I~!;!'f,,.,.,.J., .....,..... " ...... "··"""'-~··· ' · Defense attorneys asked for a week delay white they review newly discovered spreadsheets of Malouffs bank accounts prepared by fonner county accountant Robin Timmins, but Sage granted only two extra days. . · · ·. . On Wednesday, jurors will hear from Timmins -who folfl:~wed.the money trail- and lead investigator Lori Carter. · *****NOTE: LATE JULY EARLY AUGUST 2010 MAYOR CAME INTO JONESTO\VN OFFICE UPSET AT ME AND STARTED TAKING IT OUT ON MIKE ABOUT MY BACKGROUND. SUBSEQUENT CONVERSATIONS WITH HER AND DAN REVEALED KIRK WATSON WAS STIRRING POT ABOUT ME AND WANTING ME OFF GRANT. MAYOR L..o\ TER APOLOGIZED TO ME BECAUSE SHE ALREADY KNEW ABOUT MY BACKGROUND AND TH.. nemocrats Black AuShn Cemccrat, Ca,::rta! _.s..r~a Pr-og:-essrJ!' Oemx~ats --'l...s.:t~O't--) Capital Ctt)' !- cur.s :et";:tl::rats Clr:!-e C A:--ea ~-IT':O::c•ats t-!i.Span:c sa~ .1\ssc-:raren ~:..us!:., NGrth 0:; "'c::r-- ·.·e-s: C'!n: ':.'·. ;GRAN·~.~~.~~ :J~r._; :. -~---'::- • ·.. : .; tr _:·. ': -.-.'. ;· · '. :·. -~- .- ,_:._, ;· ;·:- ~ :~- ~-·:. ~ -~-':--_:"_:.: ~- ·::·~--- ~;·: .·,._: :·' :: · >· N.-:_·_:·>~,·0 ·Leh··.Attomey.Rose.mary·' . . s· ..· c.· · .... .. ·c .. . . mbeiggiie$ontrial · • · ·.·. ··· · ' .· · ·· · · · · , ., · · " · . >::.:. · . ·· ·. ._,.SJATESIIAI ·---·suBSCR· _ -.ERS· . 18. :;.·.;. ·_ : ~.· .. --.-~1- -· · · . L·:.; ili=w:~~:·.· :. · ccrourl · .. (->· Alniost eight montl,ts .. -~~Atto~~~se~arr,Le.~b~_rg_w.aS ~aught dnvmg drwik. begmmpg a public drama that bas . · · · · · • . ed twiSts'· and turns·an·. d'po.liti·c·a1 included unexpect' -. · · . · c'Uf,:soJ..~..-.....:b·"· ~~~~w....~....:- tplohetskl@stateSman.com · · . :· -~.-.-·. ,· ·· ,. · ·. __ , '· r' . ,· ago. Trayis CQ\inty.· ~·,- · · ·· · ·· · . '~.,. ~=~· ·. .•6, LatuYme~ Plead~ guilty . todfMng'WhUe lntoxlca~ .. _. and served laltt-lm"' .::oft-a.. .. · :·:. · where. the Wind ~mes- :were - '-,.... · -.-'ifv;...- ·tQ ~ bQUt;'attbe S&une_tfjue•.. , · • . . .: _. . ··• : . : .~er;.VIb~·~so. wa5.(an~ · · ..~-d~~~~~~:· .-· . boss at CM Alter;nafjye ~er~ . gies had lied on the _co~- . . · .. ·.·: :~:: :;{~. ~-~:· ~~t·;.\~~~:-.:~{I:·:~·-: ·~~ ·.: "·'' :.~~·I'·~~~~~~: '. •. ) ·~tmtgpantto ~WI~ . ·.d~¢epoo~.011 ~e proJ·._. . · ., frienc;ISaJ:l;~ha4att.end~ ~ ly.as.arrest~;, . -~ · '· · · . ,.. .~d..~~ei::~e add~~- . ect. All were igno~d or: . . wind energy conferences. . . Taylor said her _offi~e .• .. ~djbat !JJ~les ~q'!lff· : .· niisse~ . . . .· .. .:. . · ; together, .' o~eJol_l~toWn'Qffic,\al.:,,; ·. · , · ' Wtilnmgth~·govemment ···the Texas comptrOller's · :·: :mg,state~.L,:: ··:·.;:!,·.;::.;·· ·.;.;;, • did re~ early .warn: , · ~.oney. :: . ;'.:·'· .· :·~::>> _offio:were:awarei;>fher : ~ .. · ·~~~ii!i·~~;~.::·:'.. ings'aboutthe·proje~.: ... Yet the E.D.ergy De~".':-:·.relationsbip,with Ma:louff.'· ·. . . .· .. .. cso.clann several Oftlle :. ,:-_ . ·But he bJ"USh~d _th.em .ment's ~~tion.intQ·. .sut no ~n~ap~tlydid · · MiUY·JO ~cii.D pi~guiftY~: ~fj;l ~oJ::.}\:> ·: . : .· coiJ:iptroll~s offi.~ ~~: ~ff: Y'ben.Miller or~~-= . Miller's iillegattons resUlt- anythingto'interrupt. or ·.· ·... lnformat1onft)ras5Jst.lil&~ ~oUffwt.th,iylngtO ·'.: : : : ers attend.ed prest:nt;a:- ut ~~ .· . .. ·.~~:·~~·~~~m~(f~.~r£:~·fE~Jr4!it;·. tomey genetal's ·office.· . . ~er deparlment,.:.. . ' ': . . - -.'mOiiey into th~ eeoriO• :.: :~ :'Wall. t~Sfng.::The .comprrol- .. ~.auqa~disriilSsiro ~~. 'Fo\u'.uiontilS·artei that, in. . ·• _Later, offi~ali! ~ed · . J.QI · Illr;•.The ~Ulus ~'.> .r~~s offi.~ eyen,hel~ ·•. · . a,Sn~t thi;.d.tf!.i p~o~~~· ,.. Fe~ruary20ll;~~t~~s .. stiUmoreclWicesto~P: · • :'!~e.apusliitem,~.Tay- '.":·· fi,m~the~~l{e}opmeD:t:: • · ~en!f~e~dW,OJ:';,:' .. : . toP. lawyer deflected tt ·. ·the money before.it.was · Jor said~·~There was :a lot: . ofthe same turbines· vernment piSS~ •·, .. ·es,.notablythe:~-pro,. · · ontheprojei:t;sprogtess,: · cationswam'tgiventhe : bodi'kriewabOirtft.".-: mgotfa.~n~da ..... · file Tom DeLay ~d Kbio docume~s.$ow. they · .... authority td.rev:lew the. ·:. · Enei:gy Departrilenf· h~ dollar5 to:J~ne.s.town, · _Flores trials, which ran · J.10te4 only .ininor defi· · LINDA SCOtT '.5Tt'ff . t~cal f~ibility of ·. · represelitativehudit~ .Texas, rm not going to .. , · $rough late ~1(): Holly · ciende.s. :: . . . · · :, ·' ;.: the J?l'9iects d~ed in·· the comptrOlle(s c;~fftO.: : lOSe sleep.over.that._'.' ... .~ Taylor,~ a~nt pros· · ;If this was su~ a ···· . .. : . :· . . ::; ~ .-: applicants• p!pery.rork: ;. · s~ ~es.and gav~ 1t . Dodson res~ed m .. · ·ecutor who eventually· . fraud,~ saicl.Jacqueiine · ~solar panels on · "They were not allowed . : high: mark$ for adritUUS- -~oo· and cowdn t be. . ~~on the Malouf!r:a&e.~ · wood~. Mal~s ~tt6tney;' ~ub~c buildiilgs~_·_ . desctibed.~er's cpm· .. •theycertaiDIY were neg- .· Priority was gwen to:. >.;. ·· til l~k ~yond..f!te~:. ... ~~· . teririg.the pts~ There. · : reaclled fo~ collli;Den~. : s~ons in the applic~- J ·. por:ts show that; whil~ .· . . As the project co~-: . .. ··· 'plahita&~.ra!f,~ ,.> ligentinnotfiridiil.Ji~'" ·., ~:W.:e dl4 n~t aggr¢l.>:· : .. . · · .· . . ·. projects~couldbe '. > tions,~Taylo~satd.): ·:; .. built quickly --:-.*shov, .:;. i Robert Vloo4 ~Il'· . ~ '! : to ch~ :UP oamdM,(l~ r d,ley~d·se~site~ 'ued,lnaAY.liiJPn~()'\ND· see~ed satisfied 'lfl~..;. : · sfVelypursueit ;tn~e., . -~to fUnd · · .. el-ready" was the popu- firmed the com~er's;- ·. ual p~Jects,Jon~r:nw the results. ~e pr.os•., . .. . . tiJiie,!" sh~'said •."We were · . The fir-st C?ilponunitr.. Jar phrase- preferably in : co~~ee did no fnd~ ::. · ·. w,asn.'tQn~ of thenL, ., . . eclltors allege~ ~ouff · >.: :. ~ . . . d~sigil~tostiinuta~~ .· . ofel~'c,tiidey.,;>':·· .{,: .. ·;, •.. . . : . :.· ... :.::: .: ·,:;'.. : ;. r tbeprospec:tofJ;iewjoQ$; erectedli~tocltyrbl.ill.. ' . ·:.';JifAuga5t,;tT•aVis · .tliespu~ecoriomy •~Tlie·fudUCt~fn • . · ~..':.: ·:. ,·, :'.'. ariden · · · · .. /'ie-' ..We'havet .1?n.:z!~t:L-~e9~ptfi-,.·· -~P~.-,s.J:Ie:Si!fd.~~e· .:_;lnre~P.~~d~· :.: ... ~tr()_ng._ .. >· :·::\ · .. -~~ guilj ()f~ tq ac.. : -~ say!t created ~.OOQ- · never·hiuf;~·~he,. .' · ments and mteJ;:vlews · ' · ·. cey employees-were.: · strong.saJd. rbe ~~e ·.·:i. , red~tf.reb~~.,-~·,: ·. .' ~~w.::.~:~~~:~':.:P~~~~~i4l~~~~~::;J ~·~.to.~e!U'.·· .ren~Jeenergypro-, . ~: -=~~~ -~~~~~i~;- . _~;:·· :0}-:n.~:!~~~~~j~··: ·=~?;~;~~· ~tionCOnclOO::,": .· slowdownorinterru~.···· erally;AldermanLance: tbey~e .~I .·. . :,. . . . , ...•. · :~~=t~;-~··:·;~~~=~-~t}. ·--=~~~~~~~:r;: ~~~~~~r:~~r-:·:::~ ~~~t~~-· ev~~f.~~·~~t~~~~.-- .. --,..,- ~~cea;tq:ts·Ye.3i'S ~ ·Wb.lcluentapor.tio.ti'of. .- ey.riottil:p~~ . · · and·questions abOut its ·r' ketb;i! Wede.U;-'WhoSaid . ··i\. in(>otll ~t~•.~u~~rs· . ·' · · · · ),D:~.~No~...~·· · 'i:·~ thatto state$ to' s~c:i~~-' ;-~r')O#~ti\itf.p pay.' · ~ility.either,.ifiis$~ ;.: :;-,·..~~.~i:r:~{foni ·. · hired ~y,the,stat~·co!JlP' ', · .·. ·. · ' WoOdall pteaded guilty to ..Qilly•.Th,e Tex.aS col,llp;.. ·. ·. fi:it :idditiODlil ~-and -: . :d.m.~ ,qt'diase:io Jgn9re ~ · any 9ffiCW citY action m: : ·trolJ~r~s..omt;e ~~l~. · · · · · .. ~~.ofiil(oi'Iilatiun;_a··.> ~ouet'so@icebeP.fi.a~, ...~~.of~~OIO-' ~:·:.'>.> ::... · ·· ·· voiW)g(hecompaJ:li.·~t-' toJ9n~to~t: · · · . J¥er:~arge. fo.rasS!st:.: · : ':e~ grant applic;,a"· :;_ ··.. gy~·WblCJ!~·wowd•thell- ..: . ·· ·Iri:ifs 'affi fQVeSdgatorii~tig,~ . _ cttr~piO~~aJ~. · ·. big~~on ~':",·J)Y.latAI2011J:the.·:. '· 20~;· · -:~ :. · · . .-.::;·.·.... · _'SqJle.tha#.pr.QS~:rs ·: .. ge~d.Malouffwasre-: ·; · ~ pn1h~pay,ro1L pt;b, .... · American~ecovery:;~d · •. •. .12~ J¥oiluati(),o;:aym,I~: :·. /:~'~.tPr'otrante.i::tcout~.::: :' -~~.ct'~ C9M~~gs '.17iyiii ii;Qproper in~ · .·r · -~·~rmed on~the:- · . Reinvestment~~ proJ· .· · :~b~e•. theEnergy~-- ,, ·:· :~·atiesFeoUIJ.tf~arid·_- he·l>~~da~r..frol!l· side.h~ponhisappll· . ' .. ~wor~orthec.Om" ..ects.1:'hc~teau;ussuedits : p~ent~poned on- . :~ools to s~ fedei'al . . .. . a Umvets1ty ofT~ pro-: · . qtti9n.to the eomptrol~ ·· · pany as part of the Ener~ · .. final rePQ~ on SeP,~ 27, ·· ·~ya ~-:dozen Rea,y-. mone~to ~~~-.sllial!.lil->, · fe$sor.;~~ luidjvo~· ·' lei''~ office ~o~-w()()d- · .'· · gy Deparanent's require- :.: 2ou; It Sfd~.~at some.fn~ · . ...er:Y A,ct-related ~-:· · · : · .te$lttve:en~·p~jeCtS ·:· :on·the :WJ;1JS~:ii.~.:":" . :an. Who~ ~vers~ . · . ',. ·. m~t that ll_PP~a.nt!l p~~ ~i~c:s we,ren·t proFiy .· . ._ . · nalprast;~tig~:-:~~ .· tQbeJp~erl~~·.. ::: . :.the:wttnJ.n.m;;me-~ilil · : ·.~th~~~rgygrantsfor;.' -vldema~f:ariEiso,t · documen~~.arid .a~e:. · , I~I.p~orsscdd · · dliti~~-ItendedupdiS- .. -onnex:Q~~rather · thestate'andwhoseaeF in-ldndhelp. · . . . . . '.terobs~:onthe~~ .·. :· ·.: tll~YW.~~leased·~t,b ... ·, .··~b~tmgn~Iy'$~~~-, .. -~·"¥~.~~~~:_: . •ly\vasapoldfriend,of, f· ·..· EventJ:Jen.:~~-,, .·. · · Y~twas.b!.b~ed~~~: . - · . the coovi'ctioos.. Yeta re- · lion over ~e r~ars~ :·· ·A~mg thtHedUiolo- :' hiS: But court ~·from: · dais later said they cot,dd '·. ~ eonstrucied ~ MeJO~ .. ~ewofc:O~~oth-.. ·: · said-~bertW()()d,'direc- · .gyasb.av::fng~significant. · Ma.lo~andWOOdallre- • ··.. have saved taxpayers . · cowhicp,~potcoD,JPHant .erpublkdoeuments. · tor~feconpmfcdevel~p- ·. J)9i,eJ:itialforc~~erclal~ spondthaUheirr~tion~ : so~emoneyiftbey"d · with.~eBu~~~~ · andint~alsorais- · mentandanalysisfor~e ization."··.. . . .. ·: ::·. · · shlp:waSwen~knowilat ·. known Travis County . ·. termsefthegrantcon~. ·. es·qu~ about why · . c:Qml'troller'~ office. M()St · Yet of:ticlals were eager: :the state comp~Ders · . pl0$ecutors \Vere loves• ~a~· · ' . . . . _. ~escheme~~ca~t oftheproJ~·~vo~ : . ·to~ject'the-govemment · office;wbichdidn't.~r(: _tigatingMalo~..But~~- _.' · PoUc~crashedin,to., . ·. · ·· ·.. · · .... :: · .~ .. ,-..... ·· ,.·;·. ·., ... ,, ., ·" ..· :· .. ·' .... . , ..,, . · 2012letter,1onestowns ·· MalouffsandW~s · , .. attOq).ey.-Saidthat'J'Til~' .' .· ·honi~-~~lil~: ... : .-:.· viscouncy~proseeun:>rs · ·.·: Aspokeswqmanfor ;··, · the.Eriergy'Depa.rt~ · . ·· the'~mptro1Iet's.o.tfi.~7··· .· · meilt ne'Yer alerted. them· ·:said it was-~:wor,ldng With tbat':the pro~ was. un~·. . .. the Office ~fthe Attol'Jley ·. a.cloud; a.:communi- General to p~ue rec.av:- . cations gap she said re> · ery options;~ The _dey of.: su.lt~d iii tbe.city cont:biu- ·Jonestown bas filed a Iaw- Jnit to. Write checks to Ma-. · suitto . tzyto recQver ':. : .· tne · ·.• l . . ~ ...~:-· ...... ~..,....... ...... ...cu, ....... cU> IiiY_ineriti:JE!r t9 have . · ' ; to cut about $3.71nilliori in · publicly Called for .LeJu'nberg's: . . ·: annu81 ftuiding to her ofli~e ... ~s~tiQ~~i~a~$~_ilt ~It1·-·:-... :' "it feels'partisan, and it's Tuesday's meetifig. rna phone .- . :miSguided~ as far as I'm con· bitervtew; DaUghertY said(" I. ·· · :cerned,.. Lehmberg said iri a am hotgoing_to get pushed .• . ·brief intervi~w with reporters ' into a cameras ac?~~- i after addressing county com- . ;.: .... ; missioners for about 45 min· Unit continued on 113. · - ·.·:. :•aiii:i§::llic·::a-1••····. . ·. sionersfutwoweekSto . · :: ·Qrthe'rougbly,4oo '·~. ·- !· -~~~·aciion,~hichmlght·: _Cases~~-forthe:~-=·:,·_ .· Uolt . .. . ., .. . '~clud~!IJsing co.unty taxi' unit; about 28o·can orily;..: contlnued'rrom iri_ ·: ; . payer.funds to pay for the be pr~uted-in Travis . · department! commis·. · County, officialS said. ,._ c .- • sioner to fund the Public sioners w~re n«?t opti- . . . . Despite the fllnding cut, ·. · Integrity Unit, because . ' mistic abou~ the Legisla- . .. . Lehu1b~i"g said her. office·.. that is n!ltthe respon~ ·· •· ture finding another way . still haS the responsibility .•. sibility 9f ~e CqJnmis! .. · . . to fund the l!Jlit, despite tci prosecute those cases~.: . sioners Court;:; .• ,I a.n nof l{ep. Sylvester Turner. D: Commissioner Margaret · going' to put ~t oi(the >. . Ho~ton, s.aymg MondaY: ·• ~mez egua~edPerry~s ... :.. backs ofilie~ayers cif(' that he wo~d :work to. · cut to ail unfunded man· ·. Travi:i Co~t'Y·" · ·:. :, . .. .·. IDlike sure the unit gets_.: · date. J~Ving local tax• The pi.tl>lic,Integrlty •. . . the molleY ilneeds to payf!is ~th thiq·esponsi·. · .a·tri-~.ectp.·!l[tma ut._nne:dis• U ~.·o·.m¢P.e. •tY·~sf_._.·._: '.-.·.;_~·.· -·. ·_ .. ·"" o~.!wra~~~-ut UIU ;.,..· r-- me~.•. :·: '., .; .. b.WtY~o pay for a stat~. . ~-~¢ Ofti~, ·. · . . · . . .. office~ has been ftihded by· extraord.fnatyeffort; . · :{....This as-an unfortunate · the.$tatesincd982an~,.;;. statefU.ii~has;~p••:. · SitUatiODWerul\"etOCQD- . ~~~::.:::s:::1iri~· ~~.f~~t':~Jrt~- ~~;~~s~~r~c::!~ t. ·, · TbiViS county as well as · · otthePublie Iilte · "hi • ·· ,payers. Who'Jta.· to_:foot · somet~?{;Uid:in~¥an,af.: . . :offi~~#e..~?r~~· ~~ow:.~c~~roner :ve. · fraud co~te ' of a $200,0~ home . : . ':' . about$7,~QmprOperty . _ Sp~\Vith . .' . ·.-· _.· Of US taxpayers taxes. ~ilntyta~ers - . ~wrters.:f:.ehm~erg. :. . h. ··.,, to··f ·t· · a4"t!;ufYfundt1;lfdistrict :. a..;;, ref\tSedtoanswetqu~ . Wnu av,e . 00 · attorney's$17;5inillion '· tio~:about anY$ilg · : : th· ·:b.ll ~: .· . ·. : :~ .budget. . .. ··. other than thiuiliit and - .. ~ I e o; I :: ' ,' • . . " ~d again thai me Will·. ~; .· com~ Ron Davts. contact FarzadMasllhoOct. ·· not resign. · · discussing cutS to unit: ' · at512-445-~. ·· ;,. ' .· !. : _,' .. :~ .. ~- .... :: ::. ~:t ti . . 'H'\·. ~·);':' .·. . g..:·· ·.·.: . • _;:,: ·_~:p >,;,,t e .. . . . . ,. . .. . .·· : . .. ' .~ . . .· ·.. ' .. . . .. ·;: ·, :'::.·:·:·,,,;:· . ·.. ·.... . :j~;i~··.:·. r.:~t trom~ps~rigih&u.S:~tentlori: .~.. lDt ta¢~1itY 1ri'G\Jan~.o Q~vanc~· ~ . r&Stricthlse~t~redilce'·""" ·· ·. Ar'nert4;~1l\iCI~(~k~Ue.A2 ·•: · · NATION&·WORl-0.,; .· . :e:lH99rtt:la'g9v,.rnor,: : u,., ·. OUb~~~mortriakesgo&i AA;;J.UUU". o,.ea:.~ •..~.~~~~~;~~.; . ~nd~.lmmlgr.tn-: •. , VOWtO rufPi:ibliC .. :. ,; :'' ,_Sht~rlff:sofflce~U!hmber~.not ,. ··.,i'~ .. ·fun··ds·· ·.. llnked:tl?hlt~anc:!-qJn,,~_ Ourtng his SJ)~~~hat 'the Faiih~:S :.In~~,ssta~ .. . . . . . ·(~t.; ~··.;. ~:.~;, ·e~~e i'r::J 110tfFreE~dom~ttlon'$annu~ ·conference, fOrmer Florida Gov.. · .•· if!lAdi.d npt~n. .· .. :l;eS(;.r'Hi.cW~; t:J Jab BLiSh 'says the future' ofthe :; ··nation's ecof\Omvdecerids on· ·. ·.: .··:r:::sman.cqm . , ~i!~n=.~~'····- ·. -·. f ·;~·~~etnti~~#i$~1f~.;;m~ . ·. . ·. J . lntetflt¥~9ntt~uedoriAS ~· ;~ ·~·: ·.. ,: ··.' I '·~.; •' •.;'.;.; 11t·"··. ·· :ert.er~stand . · · :,--·. ¥fidaY.S lat;.~~-.- .. '· .~ . .· , .. , Q!l (she pleaded . gtiiltyand~-- · ~YJaiisenteilce · ·a 45: ' .IR~,l~ti.· ~~-~:pla,Qs.~~~~·- She_J.$a.pemoctat. and · · hadshe.-....;4;...,...._ . . ' ... . . . ; ...."'6'-:'......~;a': . : : >seeking an wve~tig~tion. . . . _,_. . ~ ... -.;... :4·:..~::";.:1:_: erg's; · :~;(inf~!-.r~ April, 12 aq~~t and the· ·.. , relea5eohideo from. her . field ~brt~t! te:rai1,djail- ... ~IIOfe.~;, house bOQking. . . .. . , . · iD: a'separate develope . mentF~Jday, Tra~s .. me ; nnUJin g~onL -.-1 caUiltY:s~erur·s office· . b~ 11~ttlng gOOd \ announced that no e'Vi-> · dence ties Lellrol,lerg to.a · comes out r • . • ·. :' . I hit:and·~accidimtthat 1. occurred· near the scene:. Cral& McDonald. i . of her arrest and that the - ~:-~~ ~~~lc:Jus,U,_ .. invesugation into that County's bUsinesS," Said · mcident haS l)eensus-•c McDoilald, noting thaf · pended:. · Lehmberg is the subject I 1 ?fa Ie!J!-Oval petition that·· corrtactMikaWaidat512-· 474--2791. Twitter: @mlkes- Is working Its waythrough the courts. · · . - .. . tatesrnan · Lehmbeig could notbe • . __ .... -----~- reach~ for ~omment~ but -·-·:atf~":~L~ . BUSINESS. 85 .. .. Refreshed:. · . ' . .. . Today . ' · ~~ SUI1!1Y· warin and What new muggy. 96174 . . ·..1ir®tto.lnake - ·. editoraplJeals thillgsdid w!dnesday: Mostlysimny. 97175 ·.. Thursday: Mostly sunny. 98175 .. ........., . ·. . . . . . ~. . :. ··~·: . ··_·y:sare ,ibikerran ........ ,. to·..allrutirtmi · Ft l&tay: Mostly SUJ111Y- 99175 . ,;.· . . . . . . . . . •Apple imveil? Saturday: Mostly sunny. 100175 . ·- '·;;":ir't"·,;-·,: :-.~··-. •_- . ,·. :,.~{-.. -{- - • - - _· . -• -_- • •~liM ~- ·, ~~,~us. tn.·~mtrtcan P . ~:··.'i\.::~ :~. ~;. ·. · :~........ T~~~k~.J'Gri~n. 2013 .: . I rr· .:.·.:····::·· · ·-:· · .: :." · ·. · ·. ·:, "' ' : .. ·.· . ':. :: . · ~ :· ·.. .'. ~ · . ... . . · . . Re~l AListiri. Real News.' . · .'.. ·. ·. · . . . ' a: t$man .. . .·. . Breaktng new~ at statestnan.com . .. ·. i :~¥====~==.==~~============~~===i:~~============~==============i:========~===~~==========~==== ••·, _ . . .• . '.•. ,•~ ~:.. .... --~> ·!·.- • :• ~-~:."•, I . •• . ,. ,', ·., .:··•,:: .. .' . . - ,.. .. . ' ... ' . . IN THE NEWS . · ·.. ·st~tEs~AN~CLUSi~S:P()LCflCS . . . ·~~-~i-~-p·-;-··ui ---h·l. n ·l·~Jir-:~-:: 17'~:1cJr: .• ·. -· _·. - .·. . ·_ ·s·· .. g·-··· ·-·L·-eh·-·m---b··er·. .g····:· t·o· . - ._· . . .·. - · - ._. · u··_ ·q:··_ ·11 _- .• -.~ ·--:· ,;\;·~~~-~~: .: ;::()m~:~t.'~e~ ~oWfiig_ isiat'qre duringits regUlar ~ent program. . ., . .. . . · . RosemAry J '· •.• ' .. ·.··.slll::iSl·. ~s~-_·}.l.ltS_·.~ ~- I.(·Il.i:(.lr~ar~i;(:~8r.;.:.]{.' ·;·!~.- -~ ~- :e~ ·_·_d·... . . . ~J_t_f~~= .• .rn~!;:~:~~~:.u;.~that wo~:~r;e~~~~~=cifics, . , "'-'"''~~-~~ps;:_ ..:\~; ; .. · ., ; _., , . '-'·~ .· ·.... : .. .-. contamsaoout$7.5million to spokesman Ric~ Parsons . . .• . . . · .· Jail and entered '~~~aysln : . ~W\!t~IY~~t. :,:;; t>:>f?t:t..u~~.. -~' _,.: . .,..,._ · .,_,i·:--1. · _...,. ,-,,· . ·:.~·-•·., · ..-.~ .. -:-.·: •:'-·I:··'-.- 1 ~fr·· 1 .~;..f ... :;··: . ·.~-~-·:.:·~~:::··· -···---~:::·····_;., __ L .!.:·:·•:·.' :.··:-·::.·.. . .. . ; . ·: ~ ~ ~ .- . ·u. _·_ .•m.·.t· .slat·.ed·::_. _; .-~:,_'·:' :J· § -l! "CI- CHARLES ANTHONY MALOUFF JR. § TRAVIS COUNTY, TEXAS ~a u. § STATE ID No.: TX08928360 ·§ JUDGMENT OF CONVICTION BY JURY Date Judgment Judge Presiding: HoN. KAREN SAGE Entered: 9/24/2013 Attorney for Attorney for State: HOLLY TAYLOR Defendant: JACKIE WOOD Offense for which Defendant Convicted: SECURING EXECUTING A DOCUMENT BY DECEPTION/ENHANCED Charging Instrument: Statute for Offense: INDICTMENT 32.46(b)(7) Penal Code Date of Offense: 11/30/2010 Deme of Offense: P1ea to Offense: 1ST DEGREE FELONY NOT GUILTY ·Verdict of Jury; Findings on Deadlv Weapon: GUILTY N/A Plea to 1st Enhancement Plea to 2od Enhancement/Habitual Paragraph: NiA Paragraph: N/A Findings on 1"' Enhancement Findings on 2Dd Paragraph: N/A EnhancemenUHabitual Paragraph: N/A Punished Assessed by: Date Sentence Imposed: Date Sentence to Commence: COURT 9/24/2013 9/24/2013 FIFTEEN (15)YEARS INSTITUTIONAL DMSION TDCJ: SAID SENTENCE TO BEGIN DECMEMBER 27,2012 AND TO RUN CONCURRENT WITH CAUSE# 4:06CR00237-001 IN THE US DISTRICT COURT FOR THE Punishment and Place of Confinement: WESTERN DISTRICT OF TEXAS OFFENSE: UNLAWFUL TRANSFER OF A FIREARM STATUE: 26 U.S.C. SEC. 5812, 5861 (e), &5871 ; HE WAS SENTENCED TO THREE (3)'YEARS PROBATION IN JANUARY8, 2007; · INSTITUTIONAL DIVISION, TDCJ- 7ffl$ IS FAL'St(!tt · · TIDS SENTENCE SHALL RUN CONCURRENTLY. ~.~ 0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A . ~ Court Costs: Restitution: Restitution Payable to: $ N/A $ 299.00 $ 0 VICTIM (see below) 0 AGENCY/AGENT (see below) ~ Attachment A, Order to Withdraw Funds, is incorporated into this judgment and made a part bereef. Sex OfTender Registration Requirements do not apply tCJ the Defendant. TEx. CODE CRIM. PROC. chapter 62. The age of the victim at the time of the offense was N/A . If Defapdant is to sam sentence in TDCJ. enter incarceration ooriods in chronological order. / . From 12/27/28l:a.to.9/2412013._ _ F.~m to From to Time From to From to From to Credited: . ~~:::~;.~to s~;n;Sn;e~:ntv jan or js given credit toward line and costs. enter days credited below. ~". (/.,-f> All penlnent Information, names ud assessments Indicated abo've are incorporated into the language of the judgment below { ~- ' ' This cause was called for trial in Travis County, Texas. The State appeared by her District Attomey. ~~~.., ~ Counsel/ Waiver of Counsel (select one) \ _~ ·~ 0 .\ ~ » I8J Defendant appeared in person with Counsel. \ Q\.r.'( .~' ~ \ Charles A. Malouf!, Jr., (Ret. M.P.o., M.B.O). P.O. Box 118 Cedar Park, Texas 78630 (512)796-7000 .char/ie@cmenergies. com SUMMARY Chief Executive Officer responsible for management and corporate development and implementation of domestic and international Alternative Energy programs in the United States and Mexico. Domestic and International Patents holder of CM Energies' Vertical Axis Wind Energy System. Honorably Retired Chief of Police and Emergency Services Specialist with over 29 years of diverse experience and background that encompasses law enforcement, maritime and military law, counter-terrorism, education, management, and international private business services. Proven perfonnance in leadership, management, highly advanced investigations and examinations of violations of law including Maritime laws, contract negotiations, research, strategic planning, development, quality assurance, general and specialized presentations, presentation and evaluation of commercial and specialized products and training. Key skills include: • Experience in corporate upper-level management • Experience in international business development • Experience in successful NEP A Environmental Assessments and Environmental Impact Studies related to wind energy projects • Experience in upper-level management in state, county and municipal law enforcement • Over 20 years supervisory and management experience • Over 10 years experience in successful grant writing • Senior Sea Marshal, U.S. Coast Guard, Port of Houston • Supervisory Reservist, U.S. Coast Guard, Special Missions Team, Galveston • Executive Board Member and multiple term Vice-President South Region, Texas Narcotic Officers Association • Graduate Chief's Developmental Program Series 1-II-LEMIT • Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers School (Leadership and Command Course) with more than 29 years law enforcement experience • Instructor certification and experience in numerous areas, including fmancial crimes, grant writing, identity theft, field training, firearms, cultural diversity, maritime interdiction, counter-terrorism, organized crime, defensive tactics/less lethal and impact weapons • Completed training and demonstrated experience in US Department of Labor Facilitation Management • Experience in strategic planning involving multi jurisdictions and geographic areas • Experience in training coordination, planning, development, delivery and evaluation + Experience in budget development and fiscal responsibility + Experience in commercial!military sales, business management, and multi-organizational research and development • Extensive experience in emergency services, dealing with crisis situations regularly • Extensive experience in Organized Crime, Public Integrity, Fraud and other Criminal Investigations • Key coordinator between Coast Guard and civilian law enforcement agencies • Experience with FBI Joint Terrorism Task Forces, US Attorney Anti-Terrorism Task Forces • 10 year Guest Lecturer Criminal Justice Department Advanced Criminal Investigations Texas State University ,_, Charles A. Malouff, Jr. 2 Awards and Achievements Honorably Retired Chief of Police. Master Peace Officer. Silver Star for Gallantry. Purple Heart. U. S. Air Force Outstanding Unit Award, Presidential Citation, assigned to dignitary protection detail for Shah of Iran, 1979. U.S. Coast Guard Commandants Letter of Cmmnendation, for investigating and identifying Eastern Bloc foreign operative (Russian Spy) operating in Port of Houston. Coast Guard Commendation Medal (2). U.S. Coast Guard District 9 Life Saving Award. Command Letter of Appreciation for performance during Cmmter-Smuggling operations, U.S.-Canadian Border. Graduate of Law Enforcement Management Institute of Texas, Chief's Development Program Series I and II. Graduate of the Coast Guard Maritime Law Enforcement Boarding Officers School. Over 3,150 hours TCLEOSE recognized training, and 160 college credit hours, Majoring in Criminal Justice. Participant- Operation Iraqi Freedom. Participant-Operation Enduring Freedom Senior Enlisted Supervisor, Physical Security Team, Coast Guard Special Missions Team, MSST 91104. Boarding Team Supervisor. First Sea Marshal, Port of Houston. Senior Sea Marshal Port of Houston. Outside Agency Coordinator. Member U.S. Attorney's Office Anti-Terrorist Task Force. Member FBI Joint Terrorism Task Force (JTTF). Rewrote Coast Guard Tactical Operations and Defensive Tactics-Post 911. Other pre-911 duties included Maritime Investigations, MSO Houston. Responsible for closing 163 out of 166 narcotic cases against mariners between 1999 and 2000. Staff Member, Planning Division MSO Houston. Developed USCG Gulf Coast Hurricane Planning Committee Operations Plan For Regional Gulf Coast Area Emergency Operations 2000. Created and developed initial Strategic Threat Assessment Against the Port of Houston 2000-2001. Multi-Agency (Federal, State and local) Coordinator for 1122 and 1033 Programs (1988-2005). TCLEOSE Law Enforcement Instructor. Specialized instruction in Organized Crime, Money Laundering, Identity Theft, Narcotics, Terrorism, Undercover Operations, Ballistic Shield Tactics. Recognized expert in ballistic materials and applications. Maritime Law Enforcement Boarding Officer-Instructor. Master Instructor, Precision Ordnance Products, including Less Lethal and Explosive devices. ASP Instructor. Tactical Training Instructor. Advanced FBI Firearms Instructor. TCLEOSE Firearms Instructor. NRA Police Firearms Instructor. Personal Protection Instructor. Home Fireanns Responsibility Instructor experienced in static and dynamic frreanns training. ASP Baton Instructor. OC Chemical Restraint Instructor. Less Lethal and Explosive Devices Instructor. Defensive Tactics Instructor, Guest· Lecturer to Southwest Texas State University Criminal Justice Division on ..Conspiracy, the Making of an Organized Crime" (1997-2005). Guest Instructor Texas Hispanic Peace Officers Association 2005. Texas Municipal Police Association Member (2003- ). Staff Instructor, Cypress Creek Advanced Tactical Team Tactical Emergency Medical Services Training Unit (CCATTrrEMS), Houston, Texas (2000-2005). Member U. S. Attorney's Anti-Terrorism Task Force. Vice-President, South Region, Texas Narcotic Officers Association (2005- 2006). Vice-President, South Region, Texas Narcotic Officers Association (2004·2005). Regional Director, South Region, Texas Narcotic Officers Association (2002-2004). Training Coordinator, South Region, Texas Narcotic Officers Association (2001-2002), Member, Texas Narcotic Officers Association (1997-2006), Assigned to dignitary protection details for Pope Paul, and President Reagan. Analyzed, developed, and published three-part article on tactical vehicle assaults published in Command Magazine 1998. Published article on Ballistic Shield Usage in Command Magazine 1996. Presented Special Confidential Report(Organized Crime and Money Lawldering) to the Treasurer, State of Texas, 1990. Lead Agent in coordination, development, and operation of multi-agency Organized Crime Task Force in Fort Worth area, 1991-92. Created and developed Confrontation Management Course instructing in traditional Riot Control, and Confrontation Management techniques Charles A. Malou.ff, Jr. 3 and Field Force Options for the Director of Criminal Justice Division, Lamar University, Beaumont, Texas .. One of :five civilian tactical instructors invited by U.S. Air Force Security Police to participate as staff instructors in 'Urban Tactics" (advanced SWAT) Course at Fort Dix, New Jersey. Former faculty member of "Top Gun" Investigation and Prosecution of Drug Cases, Sea Girt, New Jersey. Former member of U.S. Air Force's first Anti-Terrorist Tactical Neutralization Team. Former member of American Society of Law Enforcement Trainers (AS.L.E.T.). Former member of National Rifle Association (N.RA.). One of two participants in review and modification of Chapters 154 and 155, Texas Tax Code resulting in Legislative changes directed toward black market of cigarettes, 1990. Former representative to FBrs Central Texas Terrorist Working Group. Former member, Dallas/Fort Worth Retail Merchants Security Association. Former alternate member of Regional Organized Crime Information Center. Former member, Texas District and County Attorneys Association. Former member, Combined Law Enforcement Association of Texas. Vietnam Era Veteran. ;; .. ,- Amalia Rodriguez-Mendoza · ~1.4 ·n-avis County District Clerk I . Travis County Courthouse Complex P.O. Box679003 Austin, Texas 78767-9004 November 20, 2014 Charles Anthony Malouff Jr TDC#0892836 F. C. I #66089179 P. 0. Box 1010 Bastrop, Texas 78602 Re: D-1-DC-13-904021-A THE STATE OF TEXAS VS. Charles Anthony Malouff Jr. DEAR SIR OR MADAM: { } YOUR REQUEST FOR COPIES IN THE ABOVE CASE(S) HAS BEEN RECEIVED. COST FOR COPIES ARE _ _ _ _ _ _ AND WE WILL FORWARD YOUR COPIES UPON RECEIPT OF FOR TOTAL COST. PLEASE MAKE CHECK PAYABLE TO AMALIA RODRIGUEZ-MENDOZA, DISTRICT CLERK OF TRAVIS COUNTY, TEXAS. { } YOUR REQUEST FOR THE TRANSCIPT OF YOUR CRIMINAL PROCEEDING(S) HAS BEEN RECEIVED. YOU ARE HEREBY ADVISED THAT IT WILL BE NECESSARY FOR YOU TO CONTACT THE OFFICAL COURT REPORTER OF THE DISTRICT COURT AT PO BOX 1748, AUSTIN, TEXAS 78767. HE/SHE CAN DISCUSS HIS/HER COURT COST AND PAYMENT PROCEDURE WITH YOU CONCERNING A TRANSCRIPT. {X} AITACHED ARE COPIES REGARDING YOUR APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS: ORDER DESIGNATING ISSUES AFFIDAVIT IN RESPONSE TO APPLICATION FOR WRIT OF HABEAS CORPUS STATE'S ORIGINAL ANSWER _x_ FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMIT HABEAS CORPUS RECORD (POST CONVICTION APPLICATION) ORDER TO TRANSMIT OTHER: { } YOUR REQUEST IS BEING RETURNED, AS WE ARE UNABLE TO DETERMINE, WITH UNCERTAINTY, WHAT YOU ARE ASKING. PLEASE BE MORE SPECIFIC AS TO YOUR NEEDS. RESPECTFULLY, AMAliA RODRIGUEZ MENDOZA DISTRICT CLERK OF TRAVIS COUNTY, TEXAS Administrative Offices Civil and Family Division Criminal Division Jury Office (512) 854-9737 (512) 854-9457 (512) 854-9420 (512) 854-9669 fax: 708-4744 fax: 854-9549 fax: 708-4566 fax: 708-4457 "• NO. D-l-DC-13-904021-A EX PARTE § IN THE 299m JUDICIAL § § DISTRICT COURT OF § CHARLES A MALOUFF, JR. § TRAVIS COUNTY, TEXAS FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMIT-HABEAS CORPUS RECORD (POST CONVICI'ION APPLICATION) ON TillS ffday of No~btf?--:: 2014, came on to be considered the Application for Writ of Habeas Corpus in the above cause. The court makes the following findings of fact and conclusions of Jaw. 1. A jury found applicant guilty of securing execution of a document by deception. The court assessed punishment at confinement for fifteen years. Sentence was imposed September 24, 2013. 2. Applicant's appeal is still pending. Counsel filed an brief for applicant on November 11,2014. No.03-13-723~FL · 3. This application was filed November 3, 2014, and must be dismissed because the appeal is still pending. On the basis ofthe above findings and conclusions the court recommends that the application be DISMISSED because applicant's appeal is stiiJ pending. The court hereby ORDERS that the District Clerk ofTravis County prepare and transmit the record herein to the Court of Criminal Appeals. Filed in The DistriCt Court of Travis County. texas NOV~ Al ~...... Ctett AsPaBa Jl. -. -------------------------------,---~ • Complete Items 1, 2, and 3. Item 4 if Restricted Delivery • Print your name and address on the rev&r!le so that we can ratum the card to you. _- • Attach this card to the back of the mallpiece, or on the front if space pennlts. 1. Miele Addressed to: 1'"fU\,] ,.., ~ \:X$;tJC.r- Coua:a c.l~vc:. ~ w tl-#7 V'. l\ 1 1 '-1- TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO: THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.O. Box 13187 Austin, Texas : ~., 78711 ,;--- 0411 6 '• - r' I' OFFICE OF THE CHIEF DISCIPLINARY COUNSEL. STATE BAROFTL~AS. GRIEVANCE FORM (. GEN[RAL INFORMATION Defore you fill out this paperwork, there may be a faster way to resolve the issue you are currently having with an attorney. If you are considering filing a grievance against a Texas attorney for any of the following reasons: You believe your attorney is neglecting your case. Your attorney does not return phone calls or keep you infonned about the status of your case. · You have fired your attorney but are having problems getting your.tlle.back from ttie attorney. · You may warit to consider contacting the Client-Attorney Assistance Program (CAAP) at 1-800-932-1900. CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly. without the tiling of a fonnal grievance.· CAAP can resolve many problems .without a grievance being filed by providing intormation~ by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter. J have ___ I have not _xA-_ contacted the Client-Attorney Assistance Program. NOTE: Please be sure to fill out each section completely. Do not· leave any section blank: Uyou do not know the answer to any question, write "I don't know." II. INFORMATION AOOlJf You-- PLEASE KEEP CURRENT · J('XMr. I. TDCJ/SJD # 08928360 I"!Ms. Name: Charles A. Malouf£, Jr. Immigration#------ Address: #66089-179 FCI Bastrop p a. Box 1010 City: Bast ro 11 State: Texas Zip Code: 78602 0411 ·I! 2. Employer: Federal Bureau Of Prisons Employer's~ddress: 1341 Hwy 95 North, BaStrop, TX 78602 J. Telephone number: Residence------ Work: 51 2. 321 3003 . Other:------- 4. Drivers License# 03770442 · Date of Birth 1 2. 21 51 5. Name. address. and telephone number of person who can always reach 'you. Name Bradley Romine Address 1341 Hwy 95 North Bastrop, Texas 78602 Telephone 512. 321. 3903 . -;- ~~ ,. . 6. · Oo you understand and write in the English language'? --.Y.;e.:;;s_ _ _ _ _ __ If no, what is your primary language?----- Who helped you prepare this form? __,S~e=-1=-f-~----------- Will they be available to translate future correspOndence during this process? _ _ __ 7. Are you a Judge? _.aN.uo'-------- lf yes. please provide Court. County, City, State: - - - - - - - - - - - - - - - Ill. INFORMATION 1\DOUT ATTORNEY Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining. I. Attorney name: Jackie Wood Address: 805 W. lOth St., #101 City: Austin Stale: Texas Zip Code:.,_ ...... 7...,8..._7..... 0..._1_ _ __ 2. Telephone number: Work 512.300.4428orite _ _ _ _ _ __ Other-------'- 3. Have you or a member of your family filed a grievance about this attorney p~iously'? Yes No_!__ Jf·'yes•·, please state its approximate date and outco!lle. - - - - - 0411 2 Have you ora member of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney? Yes __ No _x lf"'yes,'' please state·its approximate date i\nd outcome. 4. ·Please check one of the following: This attorney was hired to represent me .. X This attorney was appointed to represent me. This attorney was hired to represent someone else. Please give the date the attorney was h~red or appointed. Noyemper 201 2 Please state what the attorney was hired or appoin~ed to do. Defend me in state court against a'ii'irst Degree Felony 5. What was your fee arrangement with the attorney? She was paid by the court How much did you pay the attorney? Whatever the 1 udge authorized tryou signed a contract and have a~. please attach. rr you have~ ol checks and/or reeelpts., please attaeh. Do not send originals. 6. If you did not hire the attorney. what is your connection with the attorney? Explain brietly N/A . 7. Are you currently represented by an attorney? _ _ Y~ s . . If yes. please provide information about your current attorney: Ariel Payan 1012 Rio Grande, Austin, Texas 78701 8. Do you claim the attorney has an impairment•.such as depression or a substance use disorder? If yes. please provide specifics (your personal observations-of the attorney 0411 J such as slurred speech, odor of alcohol, ingestion of alcohol or drugs in your presence etc., including the date you observed this, the time of day, and location). (), Did the attorney ever make any statements or admissions to you or in your presence that would indicate that lhe attorney may be experiencing an impainnent, such as depression or a substance use disorder? If so, please provide details. No IV. INFORMATION ABOUT YOUR GRIEVANCE I. Where did the activity you are complaining about occur? County: Trayj s City: Austi 11 2. If your grievance is about a lawsuit, answer the following. if known: a. Name of court 299th District Court. Trayi s Couuty b.TitleofthesuitState Of Texas y. Charles A, Ma]ouff, Jr c. Casenumberanddatesuitwasfiled D-1-DC-13-902041 oc·tober 11, 2011 d. If you are not a party to this suit, what is your connection with it? Explain briefly. N/A ----------------------------~------------------------------ Ir you have~ of court doeuments, please attach. J. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional shee~s of paper if necessary .. If you have~ of letters or other documents you believe are relevant to your grievance, please attach. Do not send originals. Include the names, addresses, and telephone number of all persons who know something about your grievance. · 0411 4 DETAILED EXPLAINATION WHY JACKIE WOOD VIOLATED THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT According to Webster's Dictionary: BLATANT is defined a~: Offensively conspicuous; obtrusive; obvious; blatant lie. LIE is defined as: A false statement or piece of information deliberately presented as being true; a falsehood. To present false information with the intention of deceiving. A condition of deceit. DECEIT is defined as: Misrepresentation, deception, falseness. HONESTY is defined as: The capacity or condition of being honest. Integrity. Trustworthiness. Truthfulness. hnplies fairness in deiiling and absence of fraud, deceit and · dissembling. FRAUD is defined as: .ii.. deception deliherately practiced in order to secure unfair or unlawful gain. MISREPRESE~ATION is defined as: To give an incorrect or misleading representation. To serve incorrectly or dishonestly as an official representation. According to Black's Law Dictionary:· LIE is defined as: To tell an untruth; to speak or· write falsely. DECEIT is defined as: The act of intentionally giving a false impression; A false statement of fact made by a person knowingly or recklessly with the intent someone else will detrimentally rely on it. FRAUD is defined as: A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. l\tllSREPRESENTATION is defmed as: The act of making a false or misleading assertion about something usually with the intent to deceive. The word den_otes not just written or spoken words, but also any other conduct that amounts to a false assertion. Jackie Wood took over my case from Daniel H. Wannamaker in-November 2011, who was removed because of a Conflict of Interest. She was appointed by her "best friend", Karen Sage, the trial judge. She was told from the beginning of my representation. that I was set up and that this case was a cover up by the U.S. Department of Energy, the Travis County-District Attorney, the Texas Comptroller and the City ofJonestown, to the Destruction Of A Federally Funded Energy Project, and the other crimes of Attempted Murder, Theft ·of Trade Secrets, Abuse of Office, Destruction of Evidence, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, and other crimes. And, that the flash. bang diversionary devices I was accused of being in illegally in possession of were planted in my shed, four days after I was arrested and stiJI in jail, AFrER the District Attorney searched and trashed my house and the shed where they were located and found: nothing. As second string co-counsel, Tama1ftNeedles, brought in late after Wood's frrst co-counsel vacated, would have been informed of all of this in bringing her up to speed as part of the Defense Teani. I told Wood, in the presence of Tom Walsh, our investigator, Katrina, her paralegal, and her then co-counsel, who I do not remember her name, as she did not stay_ long on the case, and was replaced by Needles, that I could not get a fair trial because of the relationship of Judge Karen Sage, the trial judge, and Rosemary Lehmberg, the District Attorney, Kirk Watson, and other applied for her warrants, and the DA's own forensic auditor all say there was no crime, when · "she got it" as described by Needles and Wood, and visibly observed by me, by her throwing her head to the side and sitting back in her seat with a look of disgust. (Courtroom sectlrity cameras should have that on tape). On August 20th, Sage mled that Carter mislead the magistrate. It was clear by the testimony of Carter and Miller, (in Sage's own words) this was a " .•. travesty of justice." Sage's failure to grant a mistrial, or dismiss with prejudice, and her rulings and failures to rule on other motion's, in contrast to my attorney's expectation of favoritism manifested an already ongoing miscarriage of justice, and rendering my trial so fundamentally unfair it violated my due process. Making tl:lis egregious unconstitutio.nal sintation worse, was the irresponsible and unethical conduct of ~eedles and Wood in using "best friend" favoritism as an excuse not to put on a defense. Jackie Wood violated Rule 8.04 (a) (1) when she personally and, through the acts of another, Tamara Needles, in conference just prior to the Defense resting, violated Rule 8.04 (3) engaged in conduct involving dishonesty, fraud, deceit and misrepresentation, again impressing on me that Karen Sage "got It!" and ''Karen's got it!" and Wood's statement; ''Karen's got my back!" and both Wood and Needles saying "trust me" and "we should rest" violating Rule · 8.04 (a) (5) "state or imply an ability to influence improperly. a government agency or official", misrepresenting and deceiving me into believing, as Sage's "best friend" they had already arranged for favored decisions from Sage and that I should throw away my opportunity for a defense presentation that was "several weeks" worth of exculpatory witnesses and evidence. During 'this conversation I told both Wood and Needles I wanted to challenge prosecution witnesses and at least have several of the Defense witnesses testify. They continued to impress on me Karen Sage "got it!" and "Karen's got it!" and ''Karen's got.my back!" and "trust me" and "we ·should rest" There is no ethical or responsible ''trial strategy" in intentional deception and misrepresentation of the expected conduct of a trial judge;. As officers of the court, their statements and conduct can only be taken as "true". (See attached Judicial Misconduct complaint). I am a decorated and Honorably Retired Chief of Police and Military Veteran (see attached resume and pardon petition that Sage heard testimony from me regarding the related case) and I do not make these allegations frivolously, or take the sevetity of this o.omplaint lightly. VI. ATTORNEY-(::LIENT PRIVILEGE WAIVER I hereby expressly waive any attorney-client privilege as to the attorney. the subject of this grievance. and authorize such attorney to reveal any information in the professional relationship to the Office ofChiefDisciplinary Counsel of the State Bar ofTexas. I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances. ~ Date: "2 e £..4-A A-'1 t4 Signature:------------- To ENSURE PROMPT ATTENTION, TilE GRIEVANCE SHOULD BE MAILED TO: THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.0. Box 13287 Austin, Texas 78711 0411 6 _ ...i AMENDED OFFICE OF THE CHIEF DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM (. GENERAL INFOR ATION Before you fill Olljt this paperwork. there may be a faster way to resolve the issue you ~recurrently haliing with an attorney. If you are conside ing filing a grievance against a Texas attorney for any of the following reasons: You believ your attorney is neglecting your case. Your atto ey does not return phone calls or keep you infonned about the status ofyourcas . You have red your attorney but are having problems getting your file back frOm the attorne . You may want to consider contacting the Cliellt-Attomey Assistance Program (CAAP) at t-800-932-1900. CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the tiling of a fonnal grievance. C AAP can resolve many problems without a grievance being filed by providing intormation. by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter. I have___ I have not ~X=--- contacted the Client-Attorney Assistance Program. NOTE: Please be sure to fill out each section completely. Do not leave any section blank. If you do not know the answer to any question, write ..1 don't know." II. INfORMATION AROIIT You-- PLEASE KEF.P CURRENT IX llllr. I. TOCJ/SID# 08928360 rMs. Name: Charles A. Malouff, Jr. Immigration # ------~-- Address: 66089179 FCI Bastrop P.O. Box 1010 City: ----'B=a-=s-=t.:.r..:o:..~:P:.___ _ State: Texas Zip Code: 78602 0411 2. Employer._~F!:e~d~e:.!r~a~l!::..-....:B2.u!:!.r~e~a:..!:!u!......!:o!..!f:.....!P::lr=....:i!:.JS:!.!o~n!.!.s!:L_ _...:__ _ _ _ _ _ _ _ __ Employer's Address: 1341. Hwy. 95 North Bastrop, TX 78602 3. Telephone number: Residence------ Wo~: (512) 321-3903 Other:------- 4. Drivers License# 03770442 DateofBirth' 12-27-57 5". Name, address, and telephone number of person who can always reach you. Name B. Romine Address 1441 Hwy. 95 North Bastrop, TX 78602 Telephone (512) 321-3903 6. Do you understand and write in the English language? _Y.:;.e=s_ _ _ _ _ __ If no. what is your primary language?_-----~-- Who helped you prepare this form? __:S=-e=-1=-f=-------------- Will they be available to translate future correspondence during this process? _ _ __ 7. Are you a Judge? _.:.:N.=o_ _ _ _ _ __ If yes, please provide Court, County, City, State: - - - - - - - - - - - - - - - - Ill. INFORMATION ABOUT ATTORNEY Note: Grievances are not accepted against law firms. You must specifically name the attorney against whom you are complaining. A separate grievance form must be completed for each attorney against whom you are complaining. I. Attorney name: M. Ariel Payan Address: 1 012 Rio Grande City: Austin State: TX Zip Code: 78701 2. Telephonenumber: Work _ _ _ _ _ _ Home _ _ _ _ _ __ Other------ 3. Have you or a member of your tamily filed a grievance about this attorney previously? Yes_ No_!_ Jf·•yes.., please state its approximate date and outcome. _ _ _ __ 0411 2 Have you or a member of your family ever filed an appeal with the Board of Disciplinary Appeals about this attorney? Yes __ No_ lf"'yes.'' please state its approximate date and outcome. 4. Please check one ofthe following: This attorney was hired to represent me. X This attorney was appointed to represent me. This attorney was hired to represent someone else. Please give the date the attorney was hired. or appointed. October, 2 0 1 3 Please state what the attorney was hired or appointed to do. Represent me in direct appeal against first degree felony •. 5. What was your fee arrangement with the attorney? He was appointed How much did you pay the attorney? Whatever the judge authorized If you signed a contract and have a~ please attach. I Cyou have ~of cheeks and/or receipts, please attach. Do not send originals. 6. If you did not hire the attorney, what is your connection with the attorney? Explain briefly 7. Are you currently represented by an attorney? _Y.;;;.e=s_ _ _ _ _ __ If yes. please provide information about your current attorney: This guy because he will not recuse himself. 8. Do you claim the attorney has an impairment, such as depression or a substance use disorder? If yes. please provide specifics (your penonal observations of the attorney 0411 3 such as slurred speech, odor of alcohol. ingestion of alco"ol or drugs in your presence etc .. including the date you observed this. the time of day, and location). No 9. Did the attorney ever make any statements or admissions to you or in your presence that would indicate that the attorney may be experiencing an impairment. such as depression or a substance use disorder? If so, please provide details. No IV. INFORMATION ABOUT YOUR GRIEVANCE I. Where did the activity you are complaining about occur? County: _....;T;.;;r;.;;a;;;.v:..;i::.:s::;.__ _ City: Austin 2. If your grievance is about a lawsuit. answer the following. ifknown: a. Nameofcourt 299th District Court, Travis County b. Titleofthesuit State of Texas v. Charles A. Malouf£, Jr. c. Casenumberanddatesuitwasfiled D-1-DC-13-902041 10/11/2011 and 03-13-00723-CR 9/19/2013 d. If you are not a party to this suit, what is your connection with it? Explain briefly. N/A If you have~ of court doeumenu, please attach. 3. Explain in detail why you think this attorney has done something improper or has failed to do something which should have been done. Attach additional sheets of paper if necessary. If you have~ of letters or other documents you believe are relevant to your grievance, please attach. Do not send originals. Include the names, addresses, and telephone number of all persons who know something about your grievance. 0411 4 IV. 3 M. Ariel Payan is in violation of the American Bar Associa~ tion Model Rules of Professional Conduct and Texas Disciplinary· Rules of Professional Conduct, Rules 3.7, 8.2 and 8.3 creating such a Conflict of Interest in his failure to report these viol- ations and Recuse himself, that he is knowningly and intentionaly violating my Rights of Due Process in accordance with the Texas and United States Constitutions~ On October 22, 2013, in a face to face conversation regarding Prosecutorial Misconduct and Judicial Misconduct resulting in de- cisions by Trial Judge Karen Sa9e, for Pecuinary Interest, a viol- ation of both State and Federal laws. Payan told me "My wife works for the Prosecutor's Office", "We are friends with Holly Taylor and I know- her husband'.';. And, "we all talk." And, "it's a close knit group." In the same conversation he told me, "The Judge's decisions were political." And, "The Judge is not likely to decide on some- thing that can effect her election. 11 Earlier, Trial counsel, Jackie wood, Sage's best friend, said Sage was not going to make decisions that would effect her getting votes and financial contributions in her upcoming re-election. Sage's campaign kicked off right after Payan was 'appointed. Bar Rule 3.7 states "A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness. Rule 8.02(a) states; "A lawyer shall not make a statement a lawyer knows to be false or with reckless disregard as to its truth or falsify concerning the qualification or integrity of a Judge." Rule 8.3 states "A lawyer who knows another lawyer committed a violation of the Rules of Professional Conduct that raises a substantial question of that lawyer's honesty, trustworthiness or fitness as a la~yer in other respects shall inform the appropriate authority. Misconduct complaints on Sage were filed with the State Commission on Judicial Conduct, CJC No. 14-0826-01 and the Texas Attorney General. on October 1, 2014, in Federal Court, my prosecutor and (5-A) Payan's "friend", Holly Taylor, admitted on July 15, 2011, 3 months before there was any meaningful probable cause, she was out "in- vestigating", gathering evidence,and interviewing witnesses. She also admitted to reviewing, several times, the Search Warrant Af- fidavit, which was inundated. with patently false, misleading state- ments, and knew of material ommissions that would. render the war- rants invalid. And, earlier atmy trial was formally accused of lying to the Tribunal by Trial Attorney·Jackie Wood. On March 21, 2014, Payan sent me an email acknowledging he and the two trial atto~s made those statements. Payan, and his wife are material witnesses to the criminal conduct of Prosecutor Holly Taylo~and Judge Karen Sage under 18 U.S.C. 241 and 24~and Texas Penal Code for Abuse of Office and Offical·Oppression1 and he refuses- to recuse himself from my case· and report his, and the others misconduct ·to the appropriate auth- ority. He has committed such a Conflict of Interest I have been denied my Rights of Due Process in accordance wtih the Texas and United states Constitutions. M. Ariel Payan was given until October 15, 201.4, to recuse himself as Counsel after NUMEROUS requests and demands, in writing, to do his job and file formal objections, aomplaintstand grie-. vances·. with:,the Tribunal. Payans relationship with Holly Taylor, the Travis County District Attorney who prosecuted me created a Conflict of Interest and his statements regarding the integrity of the Court proce- edings in my trial, and that of 299th District Court Judge Karen Sage, made him an adversiarial material witness. His breach of fudiciary duty as my competent Counsel, and failure to recuse has demonstrated his furtherance of conduct.to that of Co-Con-'- spirator in the Obstruction of Justice, Deprivation of Rights Under Color of Law IAW Federal Law 18 usc 241 and 242, and the Texas Penal Code Abuse of Office and Official Oppression. Formal complaints through the Department of Justice and other criminal investigative agencies are being lodged. His conduct has resulted (5-B) in my unnecessary and ongoing false imprisonment since his be- coming my appellate counsel! His negligent and criminal conduct required me to formally request help from Chief Justice Jones. See Attached Letters. (5-C) Also, please be advised tbat a copy of your grievance will be forwarded to the attorney named in your grievance. V. HOW DID YOU LEARN ABOUT THE STATE BAR OF TEXAS' ATTORNEY GRIEVANCE PROCESS? Vellow Pages Internet .!_ Other 0411 5 VI. ATTORNEY-CLIENT PRIVILEGE WAIVER I hereby expressly waive any attorney-client privilege as to the attorney. the subject of this grievance, and authorize such attorney to reveal any infonnation in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar ofTexas. I understand that the Office of Chief Disciplinary Counsel maintains as confidential the processing of Grievances. · ,-? ~ ~ Signature: __~------------ TO ENSURE PROMPT ATTENTION, THE GRIEVANCE SHOULD BE MAILED TO: THE OFFICE OF CHIEF DISCIPLINARY COUNSEL P.O. Box 13287 Aostin, Texas 78711 0411 6 II Honorable J. Woodfin Jones 7 October, 2014 Chief Justice, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547 RE: 03-13-00723-CR STATE OF TEXAS W CHARLES A. MALOUFF, JR. Dear Judge Jones: I am in dire straits, and I am pleading for help! M. Ariel Payan is my Attorney of Record, and I have an irrepairable.Con- flict Of Interest with Payan. As you can see by the attached emails, Payan and his wife are material witnesses in criminal conduct and gross violations of State and Federal law, Texas and United States Constitution's Rights of Due Process, Judicial Misconduct on the.State Trial Judge, Karen Sage, complaint no.CJC NO 14-0826-Dl, and egregous violations of the American Bar Association Model Rules of Profes- sional Conduct and the Texas Disciplinary Rules of Professional Conduct, by Travis county District Attorney's Holly Taylor, my Prosecutor, Susan Oswalt, Greg Coxx and Rosemary Lehmberg, and my two trial attorneys, Jackie Wood and Tamara Needles and Payan him- self. This fundamental miscarriage of justice and obscene depriva~ tion of Rights not only to myself, but my co-defendant, Mary Jo WOodal;L, and the state's malicious and vindictive efforts to cover up mulitiple felonies, including Attempted Murder, through Payan's negligence and abandonment, caused me to file a 132 page Brief with over 1800 pages and photos, not including the two CD's of Trial Court Records in a 2254(d)(1) writ of Habeas Corpus seeking an unbiased and fair judiciary. In Preparation for a 2255 Evidentiary Hearing in Federal Court on 1 October, 2014, my appointed Federal Attorney, Oskar Nisimblat, unsuccessfully tried to contact Payan for consultation over the State Court Records and proceedings. On October 1st, 2014, in a Evidentiary Hearing in Federal court, aside from Travis County District Attorney ·Investigator, " :i ·--. Lori Carter, admitting for the second time she "targeted" me fo~ Free Speech and violating my Miranda, Holly Taylor my Prosecutor, admitted under oath she was functioning as an 11 investigator" and not a prosecutor on and after July 15, 2011, over three months before there was any meaningful probable cause! If I am not.mis- taken its still unconstitutional to be my investigator and my prosecutQr! · I cannot get rid of Payan! I pray for your assistance in assigning me a competent attorney not intimately involved with any of the people related to my case. Two innocent people have now been maliciously convicted and through my Rights of Due Process I want to prove it. I have been eligible for early release from the Bureau of Prisons since February, 2014. However, because there is no appeal bond in the State matter, I remain needlessly imprisoned. Thanks to my negligent attorney. Thank you for your consideration and assistance in helping me prevent a furtherance of a miscarriage of justice. Respectfully, Charlie Malouff 66089179 P.O. Box 1010 Bastrop, TX 78602 ( 2) ·November 26, 2014 Honorable J. Woodfin Jones Chief Justice, Court of Appeals Third District of Texas P.O. Box 12547 Austin, Texas 78711-2547 RE: 03-13-00723CR D-1-DC-13-904021-A Dear Judge Jones: On November 3rd, 2014, I filed a Writ of Habeas Corpus in accordance with CCP ART. 11.07. This Writ was previously hand carried to the Court of Appeals who re-directed my delivery person to the Travis County District Court Clerk, the Court of conviction. On October 7th, 2014, I wrote you regarding my Conflict of Interest with Appellant Counsel Ariel Payan. At that time no appellate brief had been filed. As you can see, the Writ of Habeas Corpus c.ontains a 129 page Brief with over 1100 pages of supporting exhibits and refers to Trial Court Records (D-1~DC-13-904021-A) arguing Judicial, Prosecu- torial, Police, and Professional Misconduct and numerous Constitu- tional and criminal violations depriving me of my Constitutional Rights in exposing Criminal Conduct committed by Police, Prosecutor and Judge. In' addition, a motion for Bond For Certain Applicants, in accordance with CCP ART 11.65 was submitted by mail from FCT, but not filed until November 24, 2014. This motion· for bond was submitted because, in this particular case, CCP ART. 44.04(b) Bond Pending Appeal prevents me from bond. There are so many actual Constitutional and Criminal Violations in this miscarriage of justice that are part of the record, and need to be made part of the record, not identified by Appellate Counsel Payan in his .brief. The Writ was filed before his Brief, and Appel- late Counsel Payan is a criminal co-conspirator through he and his wife's relationship with the District Attorney and his conduct, and lack thereof, on my case. On November 1 9, 2 01 4, the Trial Judge, Karen Sage, whom:: the Judicial Misconduct is directed at, dismissed the Writ of Habeas Corpus effectively nullifying, according to the Code of Criminal Procedure, my only hope of getting bond until this case is finally resolved. I ask for your intercession in some form of bond. I am being unreasonably detained at FCI Bastrop because of this State case. I have been eligible for early/supervised release since February 2, 2014. Respectfully, Charlie Malouf£ ' CIIARLBS A~ IIALOUFF I JR § AD: CIIAJlLIE MALOUFF § v. § CASE RD. 03-13-00723CR D-1-DC-13-904021 A § STAB OF TEXAS § IIOT:tOR POll BORD lOR CBHUR APPL:ICAift"S I • . TO '1'BB BO~ JUDGE OP SAID COURT Row comes, Applicant, Charlie Malouff, pro se, ~ the ~erest of justice to move the Honorable Court to GRART Appli- cant's prayer for bond under Article 11.65~ Code of Criminal Pro- cedure, while seeking relief from judgement in the above criminal case. D:ISCOSSYOR Applicant was convicted of Securing A Document By Deception in State Court. A motion to remove Appellate Counsel M. Ariel Payan resulting from an irrepairable Conflict of Interest, was entered at the lhird Court of Appeals on October 30, 2014. An Application for Writ of Habeas,Corpus Seeking Relief Fram Final Felony Conviction Under Code of Criminal Procedure, Article 11.07, As A Result of Violations of Article.1, Sections 8, 9, and 10 of the Texas Constitution and the First, Fourth, Fifth, Sixth, Ninth and Fourteenth Amendments to the United States Constitution Re- sulting from Police, Prosecutorial, Judicial and Professional Mis- conduct was filed with the Dis~rict Court of Travis county, Texas, Filed in The Disttict Court of Travis County, Texas NOX~~ IL ~~.tier\ £)-- f- oc -L~- Cte40:J \- A Case No. QJ-13-00723CR (The Clerk of the convitting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPUCATION FOR A WRIT OF HABEAS CORPUS SEEKING REI.JEFFROM FINAL FELONY CONVICfiON UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE U.07 N~E: Charles A. Malouff, Jr~ DATE OF BIRTH: December 27, 1957 PLACEOFCONFINEMENT: F.C.I. 'dastrop, Bastrop, TX 78602 oe..,.9_2~BJ.;;.,;6;;..;o~-~__.,sm NUMBER: TDCJ..ciD NUMBER: ........ Same ' (1) This application eoneei'IIS (check all that apply): iJ a eonvietion a parole .. 0 a seatence 0 mandatory supervision· 0 timeeredit 0 out-of-time appeal or petition for diseretionary review (2) What dittriet eoart entered the judgment of the conviction you want relief froin? (Include the court number and county.) 299th District court, Travis County (3) What was the ease number iD tile trial court? D-1-DC-13-9020 ll (4) What wu the 'D8me of the trial judge? Karen Sage Revised: Sej?tember 1. 2011 1 Amalia Rodriguez-Mendoza Travis County District aerk Travis County Courthouse Complex P .0. Box 679003 Austin, Texas 78767-9004 November 20, 2014 Charles Anthony Malouff Jr TDC#0892836 F.C.I#66089179 P. 0. Box 1010 Bastrop, Texas 78602 Re: 0-1-DC-13-904021-A THE STATE OF TEXAS VS. Charles Anthony Malouff Jr. \ DEAR SIR OR MADAM: { } YOUR REQUEST FOR COPIES IN THE ABOVE CASE(S) HAS BEEN RECEIVED. COST FOR COPIES ARE - - - - - - A N D WE WILL FORWARD YOUR COPIES UPON RECEIPT OF FOR TOTAL COST. PLEASE MAKE CHECK PAYABLE TO AMALIA RODRIGUEZ-MENDOZA, DISTRICf CLERK OF TRAVIS COUNTY, TEXAS. { } YOUR REQUEST FOR THE TRANSCIPT OF YOUR CRIMINAL PROCEEDING(S) HAS BEEN RECEIVED. YOU ARE HEREBY ADVISED THAT IT Will BE NECESSARY fOR YOU TO CONTAcr THE OFFICAL COURT REPORTER OF THE DISTRICf COURT AT PO BOX 1748, AUSTIN, TEXAS 78767. HE/SHE CAN DISCUSS HIS/HER COURT COST AND PAYMENT PROCEDURE WITH YOU CONCERNING A TRANSCRIPT. {X} ATTACHED ARE COPIES REGARDING YOUR APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS: ORDER DESIGNATING ISSUES __ AFFIDAVIT IN RESPONSE TO APPLICATION FOR WRIT OF HABEAS CORPUS STATE'S ORIGINAL ANSWER _x_ FINDINGS OF FACf, RECOMMENDATION, AND ORDER TO TRANSMIT HABEAS CORPUS RECORD (POST CONVICTION APPLICATION) ORDER TO TRANSMIT OTHER: { } YOUR REQUEST IS BEING RETURNED, AS WE ARE UNABLE TO DETERMINE, WITH UNCERTAINTY, WHAT YOU ARE ASKING. PLEASE BE MORE SPECIFIC AS TO YOUR NEEDS. RESPEcrFUllY, AMALIA RODRIGUEZ MENDOZA DISTRICf CLERK OF TRAVIS COUNTY, TEXAS Administrative Offices Civil and Family Division Criminal Division Jury Office . (512) 854-9737 (512) 854-9457 (512) 854-8420 (512) 854-9669 faX: 708-4744 fax:$9549 fax: 708-4566 fax: 708-4457 NO. D-1-DC-13-904021-A EX PARTE § IN THE 299m JUDICIAL § § DISTRICT COURT OF § CHARLES A MALOUFF, JR. § TRAVIS COUNTY, TEXAS FINDINGS OF FACT, RECOMMENDATION, AND ORDER TO TRANSMI1f· HABEAS CORPUS RECORD (POST CONVIcriON APPLICATION) ON nns ffday of tJo~"'"'bef?..:-:: 2014, came on to be considered the ,· Application for Writ of Habeas Corpus in the above cause. The court makes the foJlowing findings of fact and conelusions of law. 1. A jury found applicant guilty ofsecuring execution ofa document by deception. The court assessed punishment at confinement for fifteen years. Sentence was imposed September 24. 2013. 2. Applicant's appeal is still pending. Counsel filed an brief for applicant on November 11,2014. No.OJ-13-723~ 3. 1bis application was filed November 3. 2014, and must be dismissed because the appeal is still pending. On the basis ofthe above findings and conelusions the courtrecomniends that the application be DISMISSED because applicant's appeal is still pending. The court hereby ORDERS that the District Clerk ofTmvis County prepare and transmit the record herein to the Court of Criminal Appeals. 11/24/2014 MALOUFF, CHARLES A Jr. ff21:9tlt40:21-ARoM~R:i2Jift:(;1 On this day, the application Wt.bef:ts Corpus has been received and presented to the Court Abel Acosta, Clerk CHARLES A MALOUFF JR. . F.C} BASTROP 1341 STATB HIGHWAY 95 BASTROP, ix 78602 EBN3B 78602 · ·11 r" '' 1•r rl·h~l ~"I ··1'1' 'h•' 'I• '· .. 11 111111 r:; 1fr 11••t1mrJ• • ····· .... November 26, 2014 Jeffrey D. Kyle Clerk Third Court of Appeals P.o. Box 12547 Austin, TX 78711 Dear Mr. Kyle, My Appellate Counsel M. Ariel Payan has again failed in his duties and responsibilities. Please send me a copy of everything he has filed with the Court. Th,nk you. I ! Respectfully, Charlie Malouf£ 66089179 P.O. Box 1010 Bastrop, TX 78602 Honorable J. Woodfin Jones 1 December, 2014 Chief Justice¥ Court of Appeals Third District of Texas P.O. Box 12547 Austin, TX 78711-2547 RE: 03-13-00723-CR STATE OF TEXAS V. CHARLES A. MALOUFF, JR. Dear Judge Jones, Again I come to you in an attempt at preventing a furtherance of a miscarriage of justice. I have not been conferred with over, nor provided a copy of Appellate Counsel M. AriiH Payan' s Brief. However, I hav.e been in- formed through outside sources that he has made several patently false and maliciousl~tatements in•1the Brief that must be adamantly objected to. According to what was provided to me, Payan wrote, "Assisted by his friend Mary Jo Woodall, he succeeded in encourging the City of Jonestown to apply for a Grant of Federal Funds under the Distributed Renewable Energy Technology Program through the Texas Comptroller of Public Accounts."71hisiis patently false! As stated by me in th~ Sentencing phase of the Trial, I have been involved in Federal Grants and Research and Development Projects since 1993. The Instant Program, also known as ARRA STIMULUS, was highly publicized by the President of the United States .for over a year before this specific Grant was puplished, and it was also promoted at Energy Conferences all across the State. Furthermore, I had personally and independently addressed Grant opportunities in my business plan and face-to-face meetings when I first approached the City of Jonestown as a place to'locate my Corporate Headquarters almost two years prior. Mary Jo Woodall had absolutely nothing to do with helping me encourage~the City of Jonestown. I was told Payan also wrote" ••• -but eventually the Prosecutors caught on that Mary Jo Woodall, the Comptroller's Grant Coordinator was violating the law by wearing two hats. Appellant was caught up in the ensuing prosecution for for fraud." Again, this is a patently false and maliciously dis- paraging statement against an absolutely innocent woman. Mary Jo's supervisors and co-workers testified she was doing her job. Mary Jo Woodall neYer violated Policy or the Law. As testified by her superviso~ Pam Groc•i she could' have written the Grant if she was asked. In addition, there were numerous fail safe procedures for fraud set in place to prevent this very thing. Toby Miller and Lori Carter maliciously attacked Mary Jo Woodall as part of a concerted effort to cover up Miller, Cook and others criminal conduct in theft, attempted murder and other felo~ies. Again, I vehemently object to Payan's statement. I was told Payan also wrote, " ••• Frankly, Appellant was not an easy man to work for. Charismatic and engaging, he could also be imperious and mercurial. He alienated his daughter~(the Company CEO) and many underpaid employees, one of whom, a Travis County Sheriff's Deputy~··" I would'not call $46 I hour underpaid. I would not call $22 - 25 per hour for an inexpe~ienced Technician underpaid. I am not an easy man to work for. I am a Decorated and Honorably Retired Chief of Police and Decorated Disabled Veteran with 29 years of service to my Country. I have neYer tolerated crooked cops and t~ieves. Dana McCoy, my daughter, is the one who alienated her- self when she emphatically gave me the ultimatum of severing our parent child relationship if I took action to remove and file on Travis County Sheriff's Deputy Toby Miller, Jonestown Police Officer Michelle Cook and others for falsifying Grant time sheets and other fraudulent acts, and criminal conduct against the Government and the Company. Payan has wtisted the facts and one more time I vehem- ently object to his Brief. In the Interest of Justice and in furtherance of attempting to prevent more miscarriage of justice, I again adamantly object to anything Payan has done in my ~epresentation. In addition to my letters toiyou, I field an original Bar Grievance on P•yan on October 16, 2014 and an amended Grievance~on November 10, 2014. On November 26th, ~ filed a formal Criminal Civil Rights Complaint with the FBI in Washington, DC and Payan is part of that Complaint. (See attached Documents supporting this letter.) Respectfully, Charlie Malouf£ ( 2) OFFICE OF THE CHJt~F DISCIPLINARY COUNSEL STATE BAR OF TEXAS GRIEVANCE FORM I. GENERAL INFORMA.TION .. Before you fill out tbls paperwork, tber,e may be a faster way to resolve the issue you are currently having with an attorney. If you are considering filing a grievance against a Texas attorney for any of the following reasons:· You believe your attorney is neglecting your case. Your attorney does not return phone calls or keep you informed about the status of your case.· . . You have fired your attorney but are having problems getting your file back frOm the attorney. You may want to consider contacting the Client-Attorney Assistance Program · (CAAP) at 1-800-932·1900. ' .CAAP was established by the State Bar of Texas to help people resolve these kinds of issues with attorneys quickly, without the. filing of a fonnal grievance. CAAP can resolve ·many problems without a. grievance being filed by providing information. by suggesting various self-help options for dealing with the situation, or by contacting the attorney either by telephone or letter. · I have ___ I have not X contaeted the Client-Attorney Assistance Program. NOTE: Please be sure to fill out eacln section eompletely. Do not leave any section . blank. If you do not know the answer to any question, write "I don't know." fl. · INFORMATION ABOIJT YOlJ- PLEASE KEEP CURRENT . f5l Mr. I. TDCJ/SID # 08928360 11 Mt. Name: Charles A. Malouf£, Jr. · . Immigration # . '·lr ,: ,·(,:., spirator in the Obstruction of Justice, Deprivation of Rights Under Color of Law IAW Federal. Law 18 USC 241 and 242, and the Texas Penal Code Abuse of Office and Official Oppression. Formal complaints through the Department of Justice and other criminal ·investigat:.ive agencies are being lodged. His conduct has resulted (5-B) in my unnecessary and ongoing false imprisonment since his be- coming my appellate counsel! Iiris negligent and criminal conduct required me to formally request help ~rom Chief Justice Jones •. See Attached Letters. (5-C) Also, please be advised tbat a copy or your grievance will be forwarded to tbe attorney named in your grievance; V.. HOW DID YOU LEARN ABOUT THE STATE:BAR OF TEXAS' ATTORNEY GRIEVANCE PROCESS? Yellow Pages Internet L Other 0411 5 VI. ATTORNEY-CLIENT PRIVILEGE WAIVER I hereby expressly waive any attomey-tllent privilege as to tho attorney, the subject of this grievance, and authorize su~h attorney to reveal'any infonnation in the professional relationship to the Office of Chief Disciplinary Counsel of the State Bar of Texas. l understand that the Office ofChiefDiS tics, Terrorism, Undercover Opemtions, Ballistic Shield Tactics. Recognized expert in ballislic materials and applications. . Maritime Law Enforcement Boanting Officer-InstructOr. Master Instructor, Precision Ordnance Products, including Less Lelhaland Ex.plosive devices. ASP lnstruc;tor. Tactic.al Training Instructor. Advanced FBI Firearms lnstructor. TCLEa3E FU'eiiiDUI Iustrudor. NRA Police Yareanns lnstmciDr. Personal Protection Instructor. Home Fin:anns Responsibility Instructor expcricnclcd m stalk aud dynamic fm:arms training. ASP Baton Insb'uctor. OC Chemical Restraint lnstmctor. Less Lethal and Explosive Devices Instructor. Defensive Tactics Instructor. Ouest Lecturer to Southwest Teus State University Criminal Justice Division on "Conspinu;y, lhe Making of an Organized Crime" (1997-200S). Ouest Instructor Texas Hispanic Peace Officers Association 2005. Texas Municipal Police Association Me01ber {2003- ). Staff Instructor, Cypress Creek Advanced Tactical Team TactiCal Emergency Medical Services Training Unit (CCAITffEMS), Houston. Texas (2000-2005). Member U.S. Attorney's Anti-Terrorism Task Fon:e. Vice-President, Soulh Region, Texas Narcotic Offic:ers Association (2005- 2006). Vice-President, South Region, Texas Narcotic Officers Association (2004-200S). Regional Di.Jector, S~ Region, Texas Narcotic Officers Association (2002-2004). Training Coordinator, South Region, 'Texas Narcotic Officers AssOciation (2001-2002), Member, Texas Narcotic Officers Assoc;iation (1997-2006), Assigned to dignitary protection details for Pope Paul, and President Re8gan. Analyzed, developed, and published three-part article on tactical vehicle .saults published in Commaod Magazine 1998. Published article on Ballistic Shield Usage in Command Magazine 1996. Presented Special Confidential Report(Organized Crime and Money Laundering) to the Treaswer, S1ate of Texas, 1990. Lead Agent in T) Attn of: LCDR K. Willis (216)902.-6135 To: CO GP Buffalo Subj: SAR TEA1\19 AWARD I. Please convey my appre~."iation to USBP agt-·nt WilJiam Re:!d, PS l ClHltk-s Malo1.:ff. BM3 Artre Rusk and S'NPS Josh Way, for their outstanding efforts in the rescue of :\Ir. Steven Coville from the. waters along the St Lawrence River adjacent to St Lawrence Park, Canada. 2. At appro1timately 1815. July 6, 2003, USBP Agent William Reed. coxswain on a jointly crewed · USBP boat, was showing BM3 Rusk and SNPS Way known smuggler departure points along the Canadian border, specifically around the Brock\o11le!Sl Lawrence Park area. They were traveling west, passing the main parts of the Brockv11le 4owntown area approaching the St Lawrence Park when lh,ey obselved numerous people swimmiug in the adjacent waters including a lone male, later identified as Mr. Steven Coville, s~ across the channel to \\Aile Island. As the boat crew moved v.ithin 50 yards of Mr. ColvilJe, tbey observed him suddenly begin to tlatl his arms and briefly yell for help. BM3 Rusk and SNPS Wav rushed to the front Qf tb~ bo~ while agent Reed expertly maneuvered the 27-foot Sea Ark agaUist a strong current that puUed Mr. Coville and the boat in opposite directions. The boat crew observed Mr. Coville go under and resurface. As he resurtacod, agent Reed repositioned the boat bow--on as BM3 Rusk attempted to grab Mr. Coville. Sirong currents once again thwarted their efforts and Mr. Colville was swept back under the water, bobbing back to the surface. Throughout the rescue. agent Reed continued to expertly maneuver the boat, careful not to strike Mr. Coville while staying close enough to affect the rescue. As soon as Mr.· Coville resurfw..-ed for the third time, S~TPS Way threw Mr. Co"ille a line he was able to gr:tb. Both BM3 Rusk and SNPS Way ,got a ho14 of .Mr. Co"ille and pulled him into the boat. It wa. :alouf.= l·ias p..:-1 ~~ or a Sea 11:1r 3hd.1 Team onboz~r:d ~._he vessel Ui'-1IAVU1' tv hen i:: !·J.~S bTouq1Y:..:. ~o the:!..;.~ c.ttemtior: tha.:. one of the crew n-em::;ers had taken '"' ·e:-:c-:;:ssive amount of security .rela::ed pictures throt;.ghout the Houston S!•Jp Ch - -- . .._ ' ~ ·' '.: .. ':\._: ·--: .,· .. ·: __ .··-::·: ':•. \; ~- ;._. .~ . ., .......:~:.:::i..';,.' : ~;~-~ :· .:: '· ·,;. ;.· .. ·.. •.:\:. ... ·:: · .. - ... ~ . .., _, ... ::·, :.··.·•• ··.i.·. ·' .. ·, ..... . ....... . ._ . . .. : ~- ·:····- .·. ·; ... .::.:·.>' ..:.t ..::. . . :. ~ .'_: .. : •·. . •.... : .. . .·.:.· -, ... -~· ( .. :,;_. .. .; .. '' ·. ·- .... ·: .'· ~ '·· . ~ : .... '•· -:\ ~ · .. ·) American Police Hall of Fame ·. SILVER STAR FOR BRAVERY IS Ul~REBY PRESENTED TO Cha¥UwA. Malou{f ~~·orUnselfish Line of Duty Heroism in which this Law Enforcement Officer, at perilous risk to his own life, performed his duty in such a manner as to reflect courage, dedication and initiative becoming to the professional law enforcement officer. ls~ucd by the National BllUrd of Trustees upon ri., 1\ the rcconnncndation ofth~ Awards Committee this 30th . ~_.... --.-;, .. ... f ~c . .-:_,-: .· -.. ~. . : .... · : i..' ···- .... ·., ... :_ :.f: •.· .' .. , .._ ..__ ::- ~ i_ • ............. '· ~ ... .:-~. ~' ·.. f.. :-.•· '.\ ... :·-.· .. ;· ::::.· : ~-: . -. ·. ( . ....:: ..-.- . -~' ~ .._·: . ., '~ ;' •. . ~ ; .'·:..:. :: _·, -- ~- ·-- ·~. ~ ~ '· ~ ·-=-~·· 1-.J ~ --· ~ ........ ·'· : -.......····~ ,. -~ . ...,... ....... )_ ~ .·.: ··"'-.... ': : :: ~ .. : '· : .., ; Aug.u~:t 15. 2003 .vrr. Charles :'vfalouif P.O. Ho:-.: 26041 Austin. lc';as 7'1.755 D~:ar Charlie: I would lik~.: to say Than!\ You for it1king time out of) our buo.;y sci1;.'11uk to hold da-;5lor my Dqmtles earlier this week. Everyone commented th:tt your pr.:scntation was wry informative. uscti.ll and fun. In tau. they havo: rcow..-st.:d lhat I only use) uu as an instructor in the fut~m:. Once agah. l apprcciatl.' you. and iook lomard io our next mc~iing. Sim:crdy. Bosque County Shcritrs Department .(· I .· ..:!..:,·~ _..;:.. 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"'.:." :-:··:.:..: -- ___ .. _ :-· -_, __ :_·_ ":..- ••• _!_ ; ..._... ;; .. : ---··.. ·..... .. :.... --...:...· -:::- ·... - .... .....,,. ;.....·. . : ·:.: ·:__ i ... ; . _... :· ... ~ . . • • # . -• .' •• - ....... . ·- _, ·., ·-··.;;...·.-- ·. ~- . -- -,·.: ; __ .· -· .- .- .:? -~ ~:·.:. -- -~ .. . ·- :... .. ~ -.~:. .• ' -. -· .. ~. ... -- __ .. ". !· ... ·- ~ ~:~ -~ ~~- _i .;:.'.);:-.;c.. "' ; ::. :· ,4, : ·.- ..... • ·. residei;t Centurioa Ba.ll.i.::.. t.ic Shield (~orp. ':i.':n;:~nt on th~ c: . ::...,.,...-..;.r• ~~~:,1 Trt1J::Hit S"t:. ~~::J~t.c.:.:.l t t·~ ss., I alJl writi:.-•g to expre:-t6 IM.Y ..ipf>l:" ~U~l::.; ;,:..i ...:.,;.~__:_~{;_;-.:i .~..:l!.~~~-~ i.:!~;:;~l5.~ ·:. ::·i:u-'=~·d. t. ~~t.te:-~·:1{ L:a'~ing ;.;.r~c·..- ·- G:r~~-~ ·.r;,.;,..,~:ti~~.. - -:.:. :. :~:~~~~ ..:.:v~ld.t.::.c.t.~.,2i .:.t... :::·0~-\:.. i~~... Ch~ll~ ~o;.-L'i-;. n;"C;i. ~'"''"" .......... "'"""' .,. ....~ a.'~ l ·:. t:.. ~ f.l.." 1.1" 1..n -"" ""'- ...c-(- ~ _.. .t-....... , .....-. ;, •t .· ......1,- ,..,... ; ,.,•.:·'- ....-·.-·· le to ah - during our raid ?racticals. 0.u i;~ih.Ut :)i: t;l~ 'l'op Ga;.--. I:·.;..,:;ulty, 1 we--.;:.:! 1.i~'i:: t.c: tl-o(!.!lk yo-.. fer ;;..llc.;~;iJi;J Ch-~-:::~_~l_i~ to p~tioi::;:a ;;~-.;,.. Y.i1;. ~~~~i\:.~w..ti,.c. ~.:. ~:~·16 fi:t·oi~~sic;i.::.l.i~~:. .:-.::;:f2.....;~t.: V.i::-".L.-~t;, ~·"-=-! t -~L_; ..:!.;;. :.-~.~;a ;.:,,;;,...: ·t~.~ C·.;;i.~·;__;~_:::-;_--. ;h~. L.:d:"V ,:-:: .::.:~. .~~ 1.:i~::._~:..........: .-.:.:. -~ - ~:· ;,_. ~_:....;... :. ;...;: } .. _J__;.:.. ~ ··.-ri::on t.o ;;;p.c.;;ik ·c·:c ;x..<> ;::.t ~c~ t.>'>i~t.. ~::; t.~leph<>i ;:;:;~:;--~~ ..... ____ _ - J. DE~£GATED EXAMINATING UNIT PERSONNEL DIVISION tFEDERAL ::::...AW ENFORCE!>!ENT TRAINING CENTER GLYKCO, GEORGIA 31524 ~07!C~ OF RATING Charles A. Malouff, Jr. 5408 Scout Island Circle South Austin, TX 78731 SOCIAL SECURITY NL~BER: XXX-XX-XXXX ANNOUNCEMENT NtJMBER: 92-68 VETERZtNS PREFERPNCE: 5 FINAL SCORE: 96 REGISTRATION DATE: 12-8-92 POSITION TITLE: Training Instructor {Law Enforcenent) GRADE: GS-1712-12 * IF YOU RECEIVED A:.; INELIGIBLE RATING, IT WAS BASED ON: Tij!._~_nL~Q';LlL __\1.9_1L Q.Ji'_f_~R.·_ It is a notice of your rating for the announcement shown above and reflects information contained in your record as it appears in our files. You should carefully review this information to assure that it is correct. If any information is incorrect or has changed since you submitted your application, you should notify this office i.n writing. Requests for change will be acknc,vledged. Due to the r.ature and confidentiality of inforrr.ation contained on applications for employment, inquiries should be addressed to this office in writing. VETERANS PREFgREN~E: You :nust qualify for a job (that is, meet minimum experience and/or education requirements) before veterans preference points are added to your score. The score reflected above includes additional~intq_if~Q~_g~g~ptitled to veteran~ preference. REOUEST FO~-~-~~JtW OF RATXNq: If you disagree with your rating and desire a re-evaluation of your application, you must submit your request in writing to this office WITHIN 30 DAYS OF THB REGISTRATION DATE SHOWN ABOyE. You should include specific information about your experier.cejtraining a.nd an explanation of why you believe you meet the qualification requirements of the position or should have a higher rating. Your request _will be considered and you will be notified in writing of the results. LENGTHJJ~__ELIGia~~I~Y: Your eligibility will entitle you to active consideration in accordance with yo!..lr standing on the list cf eligibles for 90 days fro~ the above registration date. ELIGIBILITY IS RESTRICTED TO THE ANNOUNCEMENT FOR WHICH YOU APPLXE?~ .. Ull SfATE OI'FlCE IIUilDI'OG • KAY BAllt.'t' H\JTCHlSON CON - . -~ ·. ~::'.. - -. ::~--.;!:·.:..· • ~..... . ::·~ ·-··-- • - • I.e . . ·,·~~: ., - - ~· . ROSE-MICHEL MUNGUIA P. o. Box 266 Austin, Texas 78767 August 8, 1992 Re: Charics A. Malouff, Jr. To Whom It ~Y Concern: I have had the pleasure of knowing Charles A. Malouff, Jr., his wife, Brenda, and their children since 1986. lVir. i\fmlouff and his wife have proven to be loyal, dependable and upstanding close personal friends. In 1989, the Texas Legislature confe~red the enforcement responsi- bility of the Cigarette and ~obacco Products Tax Act on the Texas State Treasury Department (the ~Treasury"). As a steff attorney at the Treasury, I recommended Mr. Malouff for one of the enforce- ment officer positions because I run familiar with his excellent record as an offlcerin other positions he has held. My speciLc job duties at the Treasury have not affordec me the opportunity to work directly with the Cigarette end Tobacco Products Tax Division~ however, it is well known that Mr. Malouff is highly regarded by his superiors and his collegues es a proficient and valuable enforce- ment officer. Mr. Malouff is extremely knowledgeable of theories 1 principles. and practices of professional criminal and civil investigations. He is also well trained in the area of civil rights legislation and he is sensitive to its potential impact in law enior-cement situations. Mr. Malouff has the ability to coordinate, motivate and rr~nage his subordinates and peers in enforcement progrruns and to communicate his thoughts and objectives effectively to his superiors and others. I highly recommend Mr. Malouif for any position for which he applies. I feel that he is more than adequately educated and trained to assume a position that requi~es his particular experience and credentials. In addition, I sincerely believe that he has the potentia! to success- fully meet the criteria of a higher level position than the one he currently holds. I hope that you will seriously consider Mr. Malouff as a qualified candidate for the position for which he applies. Sincerely, ---~7/U:-~·- ;v ]£~~ }r·~~-·___ ./ R:le •Mi che,J.--i1fmgu rB. / E~ l (\ , •• ELEVEn LE~~ER OF REFER~NCE: CHA...~I E !1ALOUFF As Division Loss Prevention ZP1anager for the Texas Division of 7-Eleven Stores (A Division of The Sout.hland Corporation), I have had the good fortune of 1r1orking 1r1ith cr.arlic Malou.ff in his capacity of Special Agent for the Tobacco Pr-od::cts Division of the 'l'exas Treasury Department over the last several years. As Special Agent, Charlie has been exceptionally responsive to ~he problems of the retail intiustry in Texas cor:.cernirig the theft and black marketing of cigarettes and tobacco products. Charlie, along with other Special Agents in the team, have helped retailers immensely in investiga~ing and prosecuting those responsible for the illegal and costly trafficking of st:olen cigarettes. Charlic!s willingness to listen to the public he serves, his ability to pull together the efforts of various law enforcement agencies, his ability to "sell" a program or co'..lrse of action to his superiors, and carry it out, is a '..lnique and valuable asset in law enforcement or any industry. Charlie has a refreshing ability to establish a working relationship with just about anyone, instill trust and confidence in those he \vorks vrith and for, and delivers on his promises. Needless to say that this is net the case \vi th all la~v enforcement officials all the time, but Charlie seems to be able to rise above titles and politics, and gets the· job done. Please feel free to contact me perso:;a.:..ly if you req-o1.:i.re further information. Jeff Feldman Division Loss Prevention Manager The Texas Division 7-Eleven Stores A Division of The Southland Corporation 7-Eieven Stores I Texas Division 1649 2201 North Central Expressway I Suite 171 I Richardson. ;x 75080 I Pnone (214) 907-0711 ) 801 :·:J i.rc~1:llcl Street Sc.n A:·ttonio .• TX 7"8:!.36 ;· \·":'"Mo e:::.;.:.·:~~:':c.ly ~}:.i!c.sed '..:.O ~-:car cr yn,;~ .. ( :..t; (>~ ti: Ln-~:l::r.; ~~:-::ci c..ct:."io:l3 to ~'>roLec;.: gov~r:Jn::;-:.t nl"O!?ert:y on ~LH ~:-:ny 1.976. A~ you. }~r:.:=.v.r ther~t.::- ir. Dt..r ;.iid.sl: t~at ~!.aVt! j_ess :..::-r.n.n ;, ;:i:! r.zc~"i.r~-:2d ~·~-~f:-~ ~6 fo;_-- a.!:"~ nt~!:.·:y bot>~ ~-.::·.:·soi.1a1 ani!. ~:nvcr;-!.•~v..:~1t:. ~.t:O;)(;-;:ty. -~c-hG:.. _. -;.; .~r-::· :-.1~osc: ::;·:·~~-- ·:~.sv :.t5.. ci:~ ·:.:·-t!c ;;;:C. C.:!'" .f. ~Lc·l:--.:c \'iY'.. ·- _.:o7." -;_r::;·~;~ £"~c-~.:.o~ f>•;:t t;"!:.:.y ct~e t~1e; sar:;~ a.nes thz.t_ c:O;-J_,ryi.c.L:l 3r:ct:s3t \·:~ a1:-c j_~sin;-i su to r:l~1 ~:..~c f:~l~.:t: hE:n.G.ti~s -::nst :~K~!·:ey r.:~-~-r~ \·Ii"~.(;r; govcri"!.:-t~c:::t ~ru~>~..;·~·!~~;.r is C.cst:coye:d, it ~-;~~st. ~e :r.~{_>J.aced.. ·:.-?.!:' t·Jt' cf!.:e.r-.. t.'!'lc ~·--:o:12:y sc:::: .ssi~~E.: {o;: o·...u-:- bent;:·i.Ls :~!ti..St ~)t.! di.:ve:c-:~c:.c~ Lo -r~:~c.J..~:-- nr- r.:::.7li.~;,.:c. B~1.i:.."!:iOt.:5ly c:a~~a:~t:!:C: ·:;,ro!)t~rl:_~<>' .. ~~:o;; \Tt~e:. B. crc.c;l.r ·to )'Oti.l" _::._;,~d. ·_r y· c-~-~-c: z c(;.~ . .i.~: ·;:c. r. . ~s:::;c.t ~o (HJ::C .cc::!:-:-~~;.:i ty. I'~::ts cL~;;;-)lny 0f ~ot.:!~.:~~~e c:~C _}t~s:L _ll.~.c~-~~~~ r~::.~~:st: ~.-.:.:~3 ::·;y ~;l:!r:'2:r.n£.ic,:.-: i::~10\'i t:.:"! 2. t yul~r g~-;.1-c.r&ci.o:l \•!f.}.:'L Co \·~c:ll \-.~~~.r-x-; ·i. ·::' s ynt:1~ ~~~.t::-:.1 tv ::-~.!: ~:: ~:- -:c·.ir. t)· y. ·:,./:.:·c).Y V .: .;_.;I~i·~·o~-:, cu~.c~t-1. ~ ·..~5./L~: ~~;: ..;(;~ Co;r_r;;:r,i~·-'-lf~ r: _! ---------------------····-··-- UliS'iAit:GO~~t:~t;~~;~.:c; - KA \' BAIL£\' HtiCHlSOS .c'O'Str'..i:.S,!:tAT 171tt~,l. lit:-.St:iU:i'. t;\1:.~'\...tiU; S1A1i01TL.~4S. August 20._:1992 TO WHOM IT MAY CONCERN: I have known and worked with Charles Ma!ouff for the last two years. In my personal opiilion. he has many positive qua1'ties that make him a valuable employee in his field. Charlie is a very energetic an& creative individuaL He is a hard working person who . willingly devotes more than forty hours a waek to his job. He is also creative. and frequently comes up whh different ways to approach situations, with the goal of doing his job better.-~ Charlie is also very knowledgeable about Jaw enforcement"training and procedures. Therefore, I personally recommend him tor your consideration. Alicia M. Fechte: General Counsel ·Texas State Treas~ry Department AMF/jas COMAL COUNTY SHERIFFSDEPARNENT October 6, 1983 ~.- ;;._ ~~:~- .. , ···-: Mr. Burney Boeck · _.- Chief of Pol!c:e . Hew Braunfels Police Dept · -. 111 W. Garden ~-.~·~·~-Braunfels •. Texas 78130 Dear Chief Boecks It has come to my attention th~t one of my j~ilers, Charles - Halou~f.ha~ applied for a patrol job for the city of Nev Braunfels. · Although I hate to.loose Mr. Malouf£ I can understand his wanting to move on to something that he· prefers. which is be·ing a patrol officer. Therefore. I would like to take this opportunity to : -recomme~d Mr. Malouf£ for the position :of patrolman. During the time that he has been working" af the Comal County .Jail he has ZH~n · an as~er to this department. Mr. Malouf£ is, a good worker. a good listener and is willing to learn. When~ver someone is needed to :··take care of some extra 'work or put :in some extra time Hr. Malouf£ ·'!•·; •is always willing to help .out. _and I 'know the job will then be done ..::~-"right. As you well know. 'when· you need a job done·you want someone · that-you ~ can trust 'to do it the way it must be done. • 1 • I I · ·: If you have any questions about Charles Malouf£ please do not hesitate to' contact me. · JJ/kc ..... 1?;:·.\.'-.{"tt.•'rlt:~M!T'.1i:"',;,: ,.RI (.!".\TF. OFt-:r~r; Rl-ll.I)N; P 0. J}(JX ·~;,-;_{.N-'!1ti!..~!A 1 :0-.; K·\ \ lt\U.tY Hl1U!l!'O\ t..'t!~~lSS .-.r !7THST .a.l;.!'-\1~ 7f~A~ :,..11 t i\C;-..=bi..i,.llJ "\ ~ \; • :· . i ... "\" May 2Z, 1992 Mr. Charlie Malouff 5408 Scout Island Circle Austin, Texas 78731 Dear Charlie: I recently received a letter from Malcolm Kirkland of the Grocery Supply Company .commending you for your help in investigating an incident of stolen cigarettes within the Grocery Supply Company. I always appreciate hearing about employees of the Texas Treasury whose hard work is making such a difference to people throughout the state. It is efforts such as yours which will help us to eliminate the cigarette black market and save taxpayers millions of dollars. Thank you again for a job well done. Kay ley Hutchison State Treasurer KBH!dcr/rc cc: Donna Reynolds .. ''' I\ -- .)- '"'\'.i .- ......... ~ .... I" • ·.........:-~ ..._ !...,.../. !,...-' l I GROCERY SUPPlY COMPANY " GSC f!'• Hllf'RISE P. C. Sox 638. 13C H:;:,..:~l Sw!ph,u Springs Te~as 75.:sJ-:::63S (9C3; 885-752~ 1·8:J0-23~·1938 PW 11 1992 ·-..-· FAX (903) 439·32· a.:!-:;..-.. :n t K .. :~~''llLi ;on:i ;::l:~ ....;'"~t"H"iing them lO Tt;:::\~!'i. The .'!;.·-.: \·:;\i;~m.:h:~~ .; :,,,,.,,L.L'~ m'c"'B:;_:li:i(•n hyT~a«;ury FR0\1 THE TI{L\SUtf:lt'S IlLS h. 0 0. ·. :~!"'. Ll:~;H:~ c.";:·.!~ P:"·~ir;L·: ~ C\E! ...·i.\.:.h~eCro.ug ~~cho: ... -! ~;!-: ·! ;,.'\,; . . \., ··i''"i~~ B~·\o..'T.t:=-c Cn:nrnt,;;.\on. Plan~ forth\." Trf..~~ht:ry ~,i,:n:;,. ~Hl' '\" - a! .n~~ ~a;..~ a :·i£ht. Tb.: together and gel to- kt~'"'-'· ..:~,~-:~ .-~>.·: ;,; ·· ESK .. - CIGARETTE RIN'G SHATTERED I~ FORT WORTH It"~ tlu! timi.! ot year ag;iir~ ir~ T~X.:!'-~ Th~~ tir~~:: w:~n \~.c de~ivcr gr;:at ;1t,;V'~ tO ti:t'ti'~Hlth uf r~opi.: thret:_gi1 ~!~t~ Trea...;u~y·~ Undai:n:.::U ~tunt.:y FunJ pnJg:"Jnl. Ou Sun-:L;y. Fl'!:-:ru~try l L 1~'-)2 markl"d the Tr\~JSUT}·s :~r£e~ ~nd m~J \lar-:h l!-.t, four miHi;1n ~vpi~~ ot th~ c::=!~:;l ar.nua! ..ui.:~c":·a--i.!! c·i~Jr~"'ttL! ~tt~t in !"C:ent history Y:het: an estimMerl Lindaimed Property ;nsbhcation wiil go out io th.: pub~i;; in >:iUJ)(l\1 wonh ,,r ,£olen ci:;.:retres and S30.000 in ~ash, thirty-five newspaper" across th~ ~T:Jt~ to infom1 pcop!~ tk!t w~;~pon~ ;md ,.ehiclc-; were co:lf:5cated m For. Worth. we have sOtnc!hin&, ttlat ~!t1r.t;~ to lhera. Trc.hury •p.:ci.1t .ogcni~ travek'd ;o Fort Wonh to work in Last fiscai year, y.·c return...:d more mo~y ! er>rim: muc~ 011;1:t: tn m;tkc the ~nt:.,.ts.. ~nan S!i6 million, we :u-e expecting: anothe: ~om;men~al yc:.:r. E.1ch year the numher of mail and phone im~uiri.:s go.:' up Th~ :mc>!5 and confiscation• culminated a three-month due to tile incrca!'ing .popularity of this T•.:~'tay r•.1biic in,-~,:igat;on into ;;t(\len cigarene traffiCking in Ta!Tll.nt service. In fact. over 170.000 pico::cs of mall anti \ .iU.Oil(> Cot~n:y. A:~ ;~.m .• twemy-hve f tile Treasury. Rt"que;.t., for Pr<>ro,:l!~ IRFP',) mu>t 1;0 ou: fc>r Spcciul agcms Charlie M"ioutT and Alex Pena worked pr~ntiag bii!s; compt:!Cl l;,b mt.:.•t iJc _genct;:tct!Jr.d ¢tlitcd !n dir~cr!y wtth the f(!i1 Worth Police Deparur.ent d~ng the Ordzr lCl t:~ a dean 1~1!X~ iO '-Cnd t•'l the winni:1.:.: hsdrler: rt~h:il· ar.:1t:rc•wer ~r;;::or:. u:llicr the ~Uj.'1ervisioo of Toba,t.:o T:u scr"icc :mnouncl!ments mu~t be p:ep:tr~tl ;mll "";;to TV Diz~t·x Ab:;.: F..-.::uel and Ati>ist.xnt Dn-ee!o: David ;,;m,tion.;; C41.tn.:ra ft.."'.ady an wnr~ ~tt1tl tuft.l1'1U;H\nu ;na"'l he Boatn1!~t. 'I r,·;,_,u~· ''!ZCllt' Tnmmy Ad:lms. Jeff Bi>hop. pr.:pared fo' th•· pr:n:cr; li-t~ ar.d final draf: ul;>i.:' rr.u,: he llarh:n:: Fer,m:':~. Lana Idol and C:!lvin Lee assisted in the proofed: and t;;:uporary ~~a: I n1u~1 lx: te~t:::.3. hn~;i a~d ph·-d~,wn au,,,., .trd ~~2LUlC~. n~)· alo/.) coi\d !Cted Treasury trz.ined. m-p-.:.:tion,; uf iil.: tarJ;c:cd locations where stolen goods had t-..:.:n pur.:h;"::d. ThanJ.., to a! I of you for helping to make The eflo:t g ources. Faciiir;.;:, Scrvic~' ;:~d Plan~ing. am: variou.\ Olhcr,_ Some spec!~! th:ml.:> al.m nuN ~o to Sara!: Marlow. Director of Uncl:tirncd Pmp.:rty, and Elean[")f Ro.!, A.~~tstar.: D1~cctor oi Lncb:mccl Property: Doug Prine..:. \t.ul:tgcr o! Put-:1ic O~HC;tdl. \\."hth~ jith ~i j, it.l 5ee that the publication i' print~d ami di,:rii>utcc; Sally Quereo.u. Jir. Ross. Henry Rodriguez. Steplu:n Br:g.'tl, Tin;~ 1\cwstrom ;md ~tlrk Tonhcy. Eadl uf yn' v.;,, i1Ntumcr.tai in ensuring that :hi!. pmce:.~ ran .•awod:!y and cf:"iciemly. ;,nd I ~m so proud of your hard work. Ire lis: frequemly tont~im. na:nes Ill r.:np;c We a:~ I: nnw. including Treasury employee~. lnok f1'r ) . I ., ~ "' "" ............. Bob Hatcher. District Supervisor VicLoria District #19 BLH:al cc - Charlie MalotJff · Jeff Bishop Louis M. Pearce, Jr., Clwimw.n. Allan Slrh·n!, Jr., Mnn.btr Rt•nu 1/iggi.nbotlu;.m-Brooks, MtmiHr HolL~Ion .Au.:t~ir. FOrtWmk - - ~~·, ' RETURN RECEIPT REQUESTED May 5, 2014 General Greg Abbott Attorney General 300 W. 15TH ST. Austin, TX 78701 RE: ABUSE OF OFFICE BY A TRIAL JUDGE, ARISING FROM PERSONAL PECUNIARY INTEREST FOR MAKING DECISIONS RESULTING IN WRONGFUL CONVICTIONS, IN VIOLATIONS OF THE TEXAS CONSTITUTION, CODE OF CRIMINAL PROCEDURE, AND THE TEXAS PENAL CODE Dear General Abbott: ._ My name is Charlie Malouff. I am a decorated, honorably retired, chief of police and decorated Texas Veteran with 29 years of service to my country. This complaint is in regards to the Abuse of Office for Pecuniary Interest leading to wrongful imprisonment, by Travis County 2991h District Court Judge Karen Sage. The court is supposed to be the instrument to advance the ends of justice. When the trial judge, for personal pecuniary interest, makes decisions contrary to, and involved unreasonable application of clearly established state and federal laws as determined by both Supreme Courts and the Constitutions of both Texas and the United States, resulting in wrongful imprisonment, the judge surrenders their right to immunity under the color of law and subjects themself to the laws of the Stat~ of Texas. According to Sage's best friend, attorney . Jackie Wood, and another independent attorney, Aria! Payan, whose wife works for the Travis County District Attorney, Karen Sage made decisions for votes and contributions in her then upcoming re-election, March 4, 2014, in denying dismissal, mistrial, Franks Hearings, and other defense motions. Her decisions, resulted in my arbitrary, selective, vindictive, malicious, and unethical prosecution for "Securing Execution of a Document by Deception", between August and October, 2013, that was committed in violation's of the First, Fourth, Fifth, Sixth, Eighth, Fourteenth Amendments to the United States Constitution; the Texas Constitution; the Code of Criminal Procedure; and the Texas Penal Code in the covering up of crimes by the police, and the Travis County District Attorney's Office Public Integrity Unit, including, but not limited to, "targeting" me for my "freedom of speech" (admitted to under oath by TCDA Investigator Lori Carter), Attempted Murder, Industrial Espionage, Destruction of a Federally Funded Energy Project, Destruction of Evidence, Theft of Trade Secrets, Abuse of Office, Official Oppression, Coercion, ·;. Falsifying Time Sheets, Corruption, ongoing Brady, and Prosecutorial and Judicial Misconduct. There are over 4 Terrabytes, of exculpatory evidence, motions, and an additional several thousand pages of trial transcripts supporting this complaint. This evidence and trial transcripts reveal the Governments arbitrary, selective, vindictive and malicious misconduct. Sage was privy to testimony, evidence and motions the jury was not. In addition, the statements made by two independent officers of the court (see attached) support this Abuse of Office. This egregious violation of law has resulted in the wrongful convictions of not one person, but two. The other, Mary Jo Woodall, a 57 year old woman who never committed anything other than a traffic violation at age 17, and who, because of the Abuse of Office by Karen Sage, never had a chance at a fair trial. In 2006, I was convicted in violation of 26 USC Sec 5812,_ 5861 (e), 5871 Unlawful Transfer of a Firearm in the United States District Court, Southern District of Texas, Cr. No. H-06-237-001. At that same time, but unbeknownst to me, the United States attempted to prosecute Sgt. James V. Vest, Illinois State Police, for the exact same thing. Sgt. Vest sought out the congressional intent of the law; see 132 Cong. Rec. 55358-04, 1986 WL 774609, ggth Congress, 2"d Session, specifically statements from Senator's Hatch, Dole and McClure regarding this issue. Sta.ting in part, Senator Dole said, §922 "is somewhat ambiguous language." Senator Hatch stated "This amendment was designed to deal with crime guns, not weapons used to fight crime on a domestic or international scale." Senator McClure added, ''The end result has been the entrapment of otherwise honest people into violations that neither hurt anyone, nor contribute to violent crime." The Vest Court found "the law was not intenc:fed to apply to police officers, but instead its purpose was to eliminate the use of machine guns and other various weapons used to commit crimes. It does not appear that this statute was designed to criminalize police officers even if they may be guilty of mere technical violations." It went on to state, "Those (police officers) are under a reasonable belief that the person handing them that weapon~ an instructor, is imbued with the authority to have that weapon and provide it to them. " Furthermore, the Court ruled the statues were unconstitutionally vague and allowed for arbitrary enforcement. It stated the legislative history indicated it was aimed at criminal possession and not the use of weapons by law enforcement. United States District Judge David Herndon dismissed Vest's case with prejudice. (See attached). I found the Vest case researching case law for my 2255 Motion to Vacate in my instant case on April 2, 2014. My case was a result of the independent criminal conduct of 'Eugene H. Williams, Jr., and FBI Special· Agent Mark Tilton using the US Attorney's Office in Houston, to retaliate for being called on the carpet when I, as a U. S. Coast Guardsman, on call up after 9-11, caught a Russian Spy in the Houston Ship Channel, and to suppress Tilton's failures as a supervisor, in both that case (he was the supervisor of the FBI Russian (_ ~'? .J[:-'c..-,. ·'• '-· v I Desk) and as the FBI Houston SWAT Team Leader, and those of the ATF in his and their conduct, or the lack thereof, in the Eugene H. Williams,- Jr. case. (See attached letter to OPR, Pardon Petition). The FBI/ATF debacle again raised its head in October, 2011 when multiple flash bang grenades, traced back to the Williams case, were planted at my house, and found four days after I was arrested, and still in jail, conveniently by Travis County Deputy Toby Miller, the complainant in this case. This was after my house and shed were trashed and no evidence was found. The ATF, US Attorney and FBI refused to conduct a thorough investigation to keep from re-addressing these issues (see 2255 Motion to Vacate). Sage heard about this when I testified at trial. In .addition, she was visibly shaken regarding the injustice. All this should be on the camera in the court security files. According to the Constitution, I, as a Citizen of the United States, have the right to contact the President of the United States directly to apply for a Pardon. Not knowing anything about Vest, but knowing what the FBI and US Attorney were doing to me was wrong, I sought a Presidential Pardon. My Pardon Petition was, on its merits, hand carried to the President ori December 24, 2008 and was turned awa.y, not denied, because of a non-related political debacle regarding another's pardon application (see attached Tussi article). General Abbott, I am not now, nor have I ever been, a criminal minded person. (see attached resume). The Stimulus Act was to stimulate the economy and bring jobs and income back to ·Americans in the United States of America. I, as an American, created a company that was owned by Americans, for Americans, using innovative technology, not only made in America, but made by Americans with no foreign parts, and l spent considerable time getting my On-the-Job Training Program approved by the Veteran's Administration, so I could employ as many Veteran's as possible, including handicapped. Anything taken to another country was done with the pride of knowing the product would be made in America by Americans. And that, Sir, is something I, as a Disabled Veteran, am very proud of! I have yelled, screamed and jumped up and down in the graphic voice I was trained in as both a Drill Sgt., and sailor, since the day of my arrest, arguing I was not only set up, by Travis County Sheriff's Deputy, Toby Miller, who was caught red handed falsifying time sheets for himself, another police officer and others employed for the Grant, and who was identified as a suspect in the sabotage and destruction of a Federally funded energy project (see attached police reports), but there was no way I would get a fair trial under Karen Sage. When Jackie Wood became my attorney, she told me right off, Sage was her "best friend" and "not to worry." Prior .to the defense resting in my case, Wood repeatedly told me to "trust me" and "Karen has my back." That "trust" 3 aside, what is more important to this complaint is Wood's statement in the holding cell that "her decisions were political" referring to her upcoming re-election. Shortly thereafter, to be told the same thing by Payan (see attached sworn affidavit and other documents), two people who are, as officers of the court and ethically sworn to tell the truth regarding the conduct and integrity ·of a judge, can only be taken as true statements and that Sage abused her office, wrongfully imprisoning me for monetary and other pecuniary interests. I pray, after you read the attached documents, you cannot help but see our convictions were brought about unconstitutional, unethical and criminal methods that offend any rational person's sense of justice, and identify the extreme malfunction in the administration of justice in both mine and Mary Jo Woodall's case's. I PRAY there still remains ethical and honest Government advocates in your Public Integrity Unit, and in your consideration of my complaint. Respectfully Submitted, Charlie Malouff 66089-179 P.O. Box 1010 Bastrop, TX 78602 4 RETURN RECEIPT REQUESTED May 19, 2014 Honorable Bob Goodlatte Chairman, House Judiciary Committee 2309 Rayburn HOB Washington, DC 20515 RE: DESTRUCTION OF A FEDERALLY FUNDED ENERGY PROJJECT; POLICE MISCONDUCT IN COVERING UP MULTIPLE FELONIES BY A SHERIFF DEPUTY AND OTHER POLICE, INCLUDING AN ASSISTANT DISTRICT ATTORNEY; MISCARRIAGE OF JUSTICE THROUGH ARBITRARY, SELECTIVE AND VINDICTIVE PROSECUTION, PROSECUTORIAL MISCONDUCT; CONSTITUTIONAL VIOLATION'S OF THE FIRST, FOURTH, FIFTH, SIXTH, EIGHTH, FOURTEENTH AMENDMENTS, AND ARTICLE I AND II TO THE CONSTITUTION AND OTHER FEDERAL LAWS Dear Mr. Chairman: My name is Charlie Malouff. I am a decorated, honorably retired, chief of police and decorated Veteran with 29 years of service to my country. I come to you in a plea for help. The House Judiciary Committee has jurisdiction relating to the administration of justice in the courts and over law enforcement agencies. Without making this letter lengthy and repetitious, this plea for help is in response to what a God faring man would claim the "beyond description". misconduct of the U.S. Attorney in Houston, Texas, the U.S. Attorney in Austin, Texas, DOE. OIG Criminal Investigators, and Agents of the ATF and FBI, the Travis County District Attorney and local law enforcement in Austin, Texas. In 2006, I was convicted in violation of 26 USC Sec 581 ~ 5861 (e), 5871. Unlawful Transfer of a Firearm in the United States District Court, Southern District of Texas, Cr. No. H-06-237-001. At that same time, but unbeknownst to me, the United States attempted to prosecute Sgt. James V. Vest, Illinois State Police, for the exact same thing. Sgt. Vest sought out the congressional intent of the law; see 132 Cong. Rec. S5358-04, 1986 WL 774609, 99th Congress, 2"d Session, specifically statements from Senator's Hatch, Dole and McClure regarding this issue. Stating in part, Senator Dole said §922 "is somewhat ambiguous language." Senator Hatch stated "This amendment was designed to deal with crime guns, not weapons used to fight crime on a domestic or international scale." Senator McClure added, "The end result has been· the entrapment of otherwise honest people into violations that neither hurt anyone, nor contribute to violent crime." The Vest Court found "the law was not intended to apply to police officers, but instead its purpose was to eliminate the use of. machine guns and other various weapons used to commit crimes. It does not appear that this statute was designed to criminalize police officers even if they may be guilty of mere technical violations." It went on to state, "Those (police officers) are under a reasonable belief that the person handing them that weapon, an instructor, is imbued with the authority to have that weapon and provide it to them. " Furthermore, the Court ruled the statues were unconstitutionally vague and allowed for arbitrary enforcement. It stated the legislative history indicated it was aimed at criminal possession and not the use of weapons by law enforcement. United States District Judge David Herndon dismissed Vest's case with prejudice. (See attached). I found the Vest case researching case law for my 2255 Motion to Vacate in my instant case on April 2, 2014. My case was a result of the independent criminal conduct of Eugene H. Williams, Jr., and FBI Special Agent Mark Tilton using the US Attorney's Office in Houston, to retaliate for being called on the carpet when I, as a U. S. Coast Guardsman, on call up after 9-11, caught a Russian Spy in the Houston Ship Channel, and to suppress Tilton's failures as a supervisor, in both that case (he was the supervisor of the FBI Russian Desk) and as the FBI Houston SWAT Team Leader, and those of the ATF in his and their conduct, or the lack thereof, in the Eugene H. Williams, Jr. case. (See attached letter to OPR, Pardon Petition). The FBI/ATF debacle again raised its head in October, 2011 when multiple flash bang grenades, traced back to the Williams case, were planted at my house, and found four days after I was arrested, and still in jail. This was after my house and shed were trashed and no evidence was found. The ATF, US Attorney and FBI refused to conduct a thorough investigation to keep from re-addressing these issues. This failure to properly investigate and rush to get a conviction, has led to the arbitrary, selective, vindictive, malicious, and unethical prosecution for "Felon in Possession of a Firearm", in the United States District Court, Western District of Texas. Further compounding this egregious deprivation constitutional rights, I was charged and convicted of "Securing Execution of a Document by Deception" in the 2ggth District Court, Travis County, Texas, in violation's of the First, Fourth, Fifth, Sixth, Eighth, Fourteenth Amendments to the Constitution, Code of Federal Regulations, State and Federal laws, Rules of Professional Conduct, in the cover up of Attempted Murder, Industrial Espionage, Destruction of a Federally Funded Energy Project, Destruction of Evidence, Theft of Trade Secrets, Abuse of Office, Official Oppression, Coercion, Falsifying Time Sheets, Malfeasance by Federal Agents, Corruption, Withholding Discovery, and Prosecutorial and Judicial Misconduct (see attached documents). Additionally, the U.S. Department of Energy has compounded these felonious crimes in unethical, unprofessional, deficient, negligent and biased conduct through its field 2 employees, management, Criminal Investigator's, and other's acts. (See attached letter to DOE). Further compounding this already complex and CC?mplicated case were my own attorney's deficient and negligent conduct. (See 2255 Motion to Vacate and Judicial Misconduct) According to the Constitution, I, as a Citizen of the United States, have the right to contact the President of the United States directly to apply for a Pardon. Not knowing anything about Vest, but knowing what the FBI and US Attorney were doing to me was wrong, I sought a Presidential Pardon. My Pardon Petition was, on its merits, hand carried to the President on December 24, 2008 and was turned away, not denied, because of a non-related political debacle regarding another's pardon application (see attached Tussi article). Mr. Chairman, I am not now, nor have I ever been, a criminal minded person. The Stimulus Act was to stimulate the economy and bring jobs and income back to Americans in the United States of America. I, as an American, created a company that was owned by Americans, for Americans, using innovative technology, not only made in America, but made by Americans with no foreign parts, and I spent considerable time getting my On-the-Job Training Program approved by the Veteran's Administration, so I could employ as many Veteran's as possible, including handicapped. Anything taken to another country was done with the pride of knowing the product would be made in America by Americans. And that, Sir, is something I, as a Disabled Veteran, am very proud of! I have yelled, screamed and jumped up and down in the graphic voice I was trained in as both a Drill Sgt., and sailor, since the day of my arrest, argu.ing I was not only set up, by Travis County Sheriff's Deputy, Toby Miller, who was caught red handed falsifying time sheets for himself, another police officer and others employed for the Grant, and who was identified as a suspect in the sabotage and destruction of a Federally funded energy project (see attached police reports), but the federal government was quietly directing the Travis County District Attorney in this prosecution. The instant case stems from an ARRA Stimulus Distributed Renewable Energy Grant. This was a federally funded energy project, under the constant and direct supervision and audit of federal agencies, primarily the Department of Energy, which was sabotaged and negligently investigated by the DOE, ATF and FBI, and subsequently destroyed by the City of Jonestown under the direction of the Travis County District Attorney and DOE OIG Special Agent Rosemary Peterson. This was the physical evidence to the sabotage. 1 PRAY, after you read the attached documents, you cannot help but see my conviction's were brought about unconstitutional, unethical and criminal methods that offend any rational person's sense of justice, and identify the extreme malfunction in the 3 administration of justice in both mine and Mary Jo Woodall's case's. Mary Jo Woodall is " a 57 year old woman who never committed anything other than a traffic violation at age 17, and who, because of the Judicial Misconduct of the state trial judge, Karen Sage, who denied Brady motions, motions for mistrial and dismissal, and other motions for political contributions and votes in her re-election, March 4, 2014, never had a chance. at a fair trial (see Judicial Misconduct). · I also PRAY there still remains ethical and honest Government advocates in you and the Committee, and you consider my plea for help. Respectfully Submitted, Charlie Malouff 66089-179 P.O. Box 1010 Bastrop, TX 78602 4 ., November 22, 2014 Ms. Leslie Caldwell Assistant Attorney General Civil Rights Division Criminal Section 950 Pennsylvania Ave. NW washington, D.C. 20530 RE: DEPRIVATION OF RIGHTS UNDER COLOR OF LAW COVERING UP THE CRIMES OF · MISPRISON OF FELONY;. ATTEMPTED MURDER;. DESTRUCTION OF A FEDERALLY FUNDED ENERGY PROJECT; .THEFT; TAMPERING WITH EVIDENCE;. INDUSTRIAL ESPIONAGE; SELECTIVE AND VINDICTIVE PROSECOTIOR;. ABUSE OF OFFICE; OFFICAL OPPRESSION; PROSECU:- 'l'ORIAL ARD JUDICIAL MISCORDUCT·r .:~ND OTHER FEDERAL LAWS; AND, VIOLATIONS OF THE FIRST, FOURTH, FIFTH, SIXTH, EIGH"l'R, NINTH AND FOURTEENTH AMENDMENTS '1'0 THE UNITED STATES CONSTITUTION. Dear Ms. Caldwell, My name is Charlie Malouff. I am a Decorated, Honorably Re- tired, Chief of Police and Decorated Disabled Veteran with 29 years service to my country. I am coming to you with this Formal Criminal Complint of De- privation of Rights Under Color Of Law and Conspiracy to commit these deprivations in accordance with 18 USC 241 and 242, involving several Assistant u.s. Attorneys, and FBI Agents because their con- duct and according to the FBI Web Site Civil Rights Complaints, this falls on you. From 1975-1982, I was an Air Force Security Policeman. My duties involved dignitary protection and counter-espionage (emp- hasis on Russian and Chinese), activities. After 9-11, I was Activated with the Coast Guard in the Port of Houston. In December, 2001, I received information about a "Russian Spy" in the Houston Ship Channel. After notifying the Command, I took a Boarding Team and located the vessel. Sub- sequently,·the case, with over 100 high security risk photos, was turned over to the Houston FBI Russian Desk who negliglently failed to act. Six months later, John Ashcroft made an announcement on National TV elevating National Security Levels resulting from a "credible threat to Pasadena,(TX)". The Coast Guard was put on notice. With a very real possibility of Congressional Inquiry looming, the Command sent a Lieutenant commander and myself over to the FBI Russian Desk where we met witb FBI supervisory Special Agent Mark Tillton, who introduced himself as the head of that Desk. The Commander, in no uncertain terms, relayed the message, if Congress came down on the Coast Guard, the Coast Guard was coming down on the FBI for their failure to act. (See Pardon Petition and Coast Guard Commendatio~s for this incident.) I personally knew Tilton from his role with the FBI Regional SWAT Team, and their affiliation with the Cypress Creek Advanced Tactical Team, the by MOU, FBI Regional SWAT Paramedics for Houston. Over a period of time, former ATF Agent Eugene Williams, CCATT Operations Manager and Paramedics Team Leader, was engaged in mul- tiple newsworthy horseplay adventures involving flash bangs taken from training. I had nothing to do with any of Williams oddball activities. Williams, FBI and ATF ignored, conduct led to the incident where he blew part of a foot off of Steven Cosby at his bachelor•s party with flash bangs taken from,training. Even though I was no- where near Williams or Houston, and had no idea that he took them from training, or that horseplay was involved until much later, 2 1 " ' . search warrant at Mary Jo's. I have put all of my supporting documentation on CD. The intimate details of the beginning of this horrific nightmare·are found in the Coram Nobis, followed by the Writ of Habeas Corpus and 2255 Motion to Vacate. This is a Formal Complaint for Deprivation of Rights Under Color of Law, against: Assistant u.s. Attorney Jimmy Kitchen Assistant u.s. Attorney Daniel Guess John Doe Assistant u.s. Attorneys-Houston John Doe Assistant u.s. Attorneys-Austin FBI Supervisory Special Agent Mark Tilton FBI Supervisiory Special Agent Charlie Rasner John Doe FBI Supervisory Special Agent-Austin John Doe FBI Special Agents involved in this investigation Travis County Sheriffs Deputy Toby Miller Former Jonestown Police Officer Michelle Cook John Doe Travis County Sheriffs Deputies Travis County District Attorhey Investigator Lori Carter Travis County Assistant District Attorney Holly Taylor Travis County Assistant District Attorney-Susan Oswalt Travis County Assistant District Attorney-Greg Cox Travis County District Attorney-Rosemary Lehmberg DOE OIG Special Agent Rosemary Peterson John Doe DOE OIG Supervisors and Agents Jonestown Mayor-Deane Armstrong Jonestown City Council Travis County District Judge Karen Sage My name is not Travon Martin, or Michael Brown. I am not an unarmed black boy who was beat on by the police. I am an Honorably Retired law Enforcement Officer, and Military Veteran who has been persecuted for doing his job! Through the negligence of the FBI, Miller, the u.s. Attorneys involved, and their Good Ole Boy buddies listed above, who hid behind their badges seeking revenge, Mary Jo Woodall and myself have suffered unconstitutional crminal and civil abuses. While I cannot speak for Ma~y Jo, it does not take a rocket 4 scientist to see the criminal abuse put upon this innocent woman. Ms. Caldwell, I took multiple oaths solemnly swearing to "Defend the Constitution against all enemies foreign and Domestic." I intend to do just that! One thing I will find out is how far "no integrity" and egregious: cover up goes up in my Government·. I will be in Washington DC with a camera crew to address the Department of Energy, Office of Professional Responsibility and the FBI's tyranical, negligent and oppressive acts so that I can present this to a Congressional Committee over the malicious destruction of a Federally Funded Energy Project and the subsequent oppressive conduct by Government officials in keeping these Un- constitutional and illegal acts covered up. (See letters to DOE and OPR). To make sure my voice is heard, I will be exercising my Con- stitutional Rights of Free Speech and to redress my Government by reaching out to the 22 million Veteran's who solemnly swore to de- fend the Constitution, and others FED-UP with the Governments Mis- conduct. ' I will be contacting your office and FBI Director Corney's Of- fice to follow up on this formal Crimi~al ·complaint. Respectfully, u Charlie Malouff 5 1 • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ¢:>66089-179¢:> Leslie Caldwell DOJ Civil Rights-Criminal DEC 0 kJ 2014 950 Pennsylvania AVE NW 1 1 Washington, DC 20530 ja.~lce"JYpe ' United States ~rtlfled Mail 0 Express .Mall 0 Registered 0 Retum Receipt for Merchandise 'iEP ----------------------- r ' I -'_I I l .)-. \ -.:.; (, - GROCERY SUPPLY COMPANY A GSC ENTERPRISE P 0. Box 638, 130 Hillcrest Sulphur Springs. Texas 75~83-0638 (903) 885-7621 1-800-231-1938 ~~~y 11 1992 ·-.--· FAX (903) 439-3249 May 7, 1992 TREASLIRV DEPARTMENT EXECt;TfVC ADMIN.·,- Ms. Kay Bailey Hutchison State Treasurer P. 0. Box 12608, Capitol Station Austin, Texas 78711 Dear Ms. Hutchison, This letter is to say "Thank You" to you as State Treasurer and your Department, specifically Mr. David Boatright and Mr. Charlie Malouff, for your assistance in investigating a recent incident of stolen cigarettes within our Company. Mr. Boatright was very responsive to our needs in arranging the investigation and, according to my people, Mr. Malouff was outstanding in handling the investigation. Ms. Hutchison, we, Grocery Supply Company, have worked together with your Department in the past and hope that we have been some benefit to your efforts. Please know that we stand ready to assist you in the future if needed and that we really appreciate Mr. Boatright's and Mr. Malouff's recent assistance to us and you for allowing them to respond so effectively and efficiently. Thank you again. R:1,1~~;:,7/;:l.{ j} ~!/A !f.-£~)[ 1J:-1.-:--:: / Malcolm Kirkland Division President MK:sm ---------- MAY l992 A 1v1UNTIII. Y 1'1 'lll.IC\TI! 1:--; H 1": n II-. I:\11 'I ; ; '• I I ', ' II 1111. rL.\. \" "1.·\ II. IRI:.-\.-;1 :I{ Y lJEI'AKfll.lENT TOBACCO TAX CRACK DOWN •1'" T• ,;,_".',, T:, · .li' i'i"n '' L" ury pic·nic· arc \\c·llnndn\\ ·'' ~ C lur hard· working Activity Cnmmiuco: ha' :tlrc :tll. tennis courts and two pla~st.:apc·'· '" th.:ro: will he• pil·nty nf !"un activities in which to particip:t!c. We ""ill abP h:t\c a dnnkin:,: booth where you r~ l'ka,,· hring hlankcts and an,· bwn rumitlll\' ~ nu willm·c·d ''' "c·ll "' any .nec.:cssary sport~ c.:quq'lllt..·nt 111.:nn1'· ra~,..·lo..~.-·t.,. harhin_~ ... un-.._ etc.). The Acti,it~ Ct>llllllitt···· '"I! b.· i'"''"li•::: ,·In!. .1 .. ;:-- .•... : pOt;JtO ~:hips. hut you'' ill n,·,·,ltll I""' t.iv ~ •~n:· "''· 11 h,·, n: u,l~ volunteered their time to orf!anizc the important c·km.:nt'- nl our picnic: Cooking/Barbecue Pit- Dou,;; Prim:c Children's Activities- .l<>yce Sihley Menu Planning- RL:I>ccc:t Contrcr:t' and Y'c'lll' .\hcit:t Softbaii/Volleyhall- RicharJ Cin.:c·n and StL'\c' H lit~ I 'ri' i:;~ 'ion h. t:tkc· tht:: 21.l0 exit and head West on Koenig I ,;,c· q•:tst l..un:~r Ill- d. 1. T;d,.; a right on Arroyo Seca and Ray and I are re:~lly lm,king fon•:anl t11 'L'cin:,: 'nu :dltlt,·rc· "t!!, ,!;j, ,. '\mth ,,..,,." h[.,,·k, 111 Br.:ntv:ood Avenue. Make a left your families. \\'c dll nut It:"·,· 111::n:· "~'""lllln!li,·, to ;."L't . "' 1\rc:ntwlllld. olri' c· t~nt: hlock to Yates and take a right. The together and get w knn" l parkin~ It>! i' half th' l·rt>ll 1':"1 1111 "-••rthl;md past Burnet I'""' I. Tum kit : li<:o: D~p;trtment displays ''"''~nf the cipr~11es '~itcd a" part of the investigaiion. TEXAS ALCOHOL!(: BEVERAGE COMMISSIOl' Post OJ!iu Box 13127, Capitol Station, AlWin, Ttxa.~ 78711~3127 (512) 458-2500 Jtanntnt Fox, Acting Adminislra/( 1206 Manor Drive Victoria, Texas 77901 December 3, 1991 Ms. Kay Bailey Hutchison, Treasurer Treasury Department P. 0. Box 12608 ' Austin, Texas 78711 Dear Ms. Hutchison: I want to take this opportunity to commend two of your Special Agents in your ·Tobacco Tax Division for their work and cooperation in a joint venture we conducted with your department on November 22, 1991. Special Agents Charlie Malouff and Jeff Bishop were invaluable to us in investigating and ultimately seizing bootlegged, untaxed cigarettes and alcoholic beverages brought from Old Mexico and sold in Victoria, Texas. Without these two agents expertise, our job would have been more difficult. I also convey to them my thanks. Sincere~ b~, f4:"\i"11tlt.- Bob Hatcher District Supervisor Victoria District #19 BLH:al cc- Charlie Malouff~ Jeff Bishop Louis M. Pearu, Jr., Chairman Allan Shivers, Jr., Mtmber Renet Higginbotham-Brooks, Mtmbtr Houston Austin Fort Wmh