Appeal case # 00-CA-2693-MR (appeal of indictment # 98-CR-0067) An appeal brief was filed in the wrongful conviction of Tom Padgett without a trial by jury. Issues on appeal are: 1. Defendant NEVER pleaded guilty to owing one thin dime, only that there had been a period over 6 months that a payment had not been submitted (in absence of routine discovery usually afforded in ALL civil court matters) 2. Defendant did NOT breach any terms of the Pre-Trial Diversion Agreement - not ever. 3. Defendant did NOT violate any probation terms. 4. Defendant's client-attorney rights were violated on August 22, 2000, when the Judge "Ordered" privileged information to be revealed after his private counsel had to withdraw for stated financial reasons only. 5. Defendant was wrongly imprisoned for 35 days from August 7 to September 12, 2000 based on an administrative error in the Kentucky Child Support Unit in Lexington which was even admitted by the Court, but showed NO remorse for their blunder. 6. A $2500 public defender fee levied was far too excessive in the absence of discovery of income of the parties. So excessive it serves as evidence of "legal harassment." 7. Plaintiff breached the 10/24/98 Pre-Trial Agreement for failing to transfer probation to Massachusetts as stipulated in section 9.3 (e) of said agreement. 8. Plaintiff breached the Supplementary Pre-Trial Agreement of 2/18/99 by failing to allow (if not preventing) the civil court to proceed in it's duties prescribed in section 2.(A) whereas proof of past and present income and "OTHER" factors leading to the calculation of child support of the parties in Civil Action 92-CI-0044 was NEVER accomplished, 9. Failure of Judge to recuse himself in this indictment case for: a) Being a family friend of the complaining witness, whereas, the Prosecutor David Massamore is on record on 1/19/99 stating the complaining witness's mother (Betty Vannoy) "does all the child support record keeping." [read not the state or the courts] This is the same lady who testified in the same circuit court on 5/6/94 "If it wasn't for Scientology, Laura would be in an institution [mental]" b) That he was the same magistrate in the civil case that gave birth to this 1998 criminal indictment filed by Scientologist Laura Vannoy, without full discovery required by statutes, that has NOT occured since 1993 reported in that court in 1994 10. Failure of the Commonwealth of Kentucky to produce any evidence of a "motive" for the Defendant to commit said alleged crime, or a motive from the complaining witness to file a said "criminal" complaint. These motives will be revealed in due time by cult expert Dr. Stephen A. Kent, in pending civil litigation. ------------ After the fact of this suspicious conviction, the following has been found which may not be admissible in the appeal BUT should be noted for public record: 11. The Prosecutor in this action, Atty David Massamore, was discovered to be a very close neighbor of the plaintiff in an affluent subdivision of Madisonville, KY, thus grounds for conflict of interests which would vastly depart from his duties as a servant of justice for the Commonwealth of Kentucky. 12. The KY Court of Appeals ruled on 1/19/01 in subsequent civil action appeal # 99-CA-001461 that the judge erred by failing to surmise and include "finality" language, thus making it interlocutory - not conclusive to convict a citizen of a crime absent of prejudice and bias. End> A.B.U.S.E.
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