As you could probably imagine, my life has been complete chaos since April. If it had not been for the ACLU, I would still be in jail. My public defender, Steve McIlwain, was convinced that I was incompetent to stand trial and was forcing me to take a psychiatric evaluation. The judge even revoked my ability to get bond because of this (the bond was originally set at $3,000 cash only).
You may contact George Bach at [EMAIL PROTECTED]. He was the only one willing to fight for my freedom. The contract I signed with him was solely for the purpose of defending me, not for the purpose of filing a civil suit later. He conferred with the Steve Crampton and Mike DePrimo of the AFA in Tupelo, MS. It was decided that since George was already in New Mexico that he should represent me there. If you want to contact the AFA, their email is [EMAIL PROTECTED]. I contacted the AFA yesterday and they informed me that they have lost an attorney, and due to their heavy case load, they are unable to proceed with a lawsuit on my behalf as originally planned.
I am seeking damages from the county and the right to not be publicly humiliated for peaceably being on a street corner. I believe my constitutional rights of free speech, freedom of religion, and right to assemble were violated and therefore, I was falsely arrested and falsely imprisoned for 109 days. I also believe that the bail was excessive by demanding it all in cash. I believe that my public defender never represented me and my interests.
We left New Mexico on September 3. We passed through Louisiana and came to Mississippi right after Hurricane Katrina to stay with my wife's grandparents. They were without power for almost three weeks, there was no phone service, and there were no chances of getting a job there, and since we have no car, I called my mom to come and get us and we went to stay with her in Pensacola, FL. In Florida, background checks are done by every employer prior to employment. I am a commercial driver and I was offered several jobs but was turned down due to the companies' policies after my background check showed a pending court case. I was unable to even a get a job at a grocery store. Needless to say, I was completely devastated. My mom was expecting us to be able to start over by buying a car and buying a home, but that was not possible because of the background checks. So, after a!
month of
beating my head against the wall, we came back to Mississippi to find work here. On Monday October 17, George Bach emailed me stating that the D.A. had dropped all the charges. That same day I had interviewed at Bolton Tours. I start working for them next week.
I still have several unanswered questions:
(1) Why did this happen in the first place? We had been at this parking lot every Sunday morning for three months. This is a small town. Police would often pass by. Every person in the town knew what we were doing. We were there without incident. We never caused a scene. We were never screaming and hollering, nor were we bothering anyone.
(2) Why did Officer Smart, Officer Wilson, and an animal control officer come and observe us for 15-20 minutes and then leave?
(3) Why did Officer Smart come back?
(4) Why did Officer Smart say I was pointing and yelling at cars and why did Captain Berry say I was standing in the median when there is no median at that location? Officer Smart said that I was "in the area" when he arrived. I was in the same exact spot I had been when he was there earlier and I was in the same exact spot that I had always been at for the previous three months: about 15 ft. from the sidewalk in the parking lot of an abandoned gas station. I was standing facing my wife and two children who were seated in folding chairs.
(5) Why was my public defender accusing me of being incompetent and forcing me to take a psychiatric evaluation? I went to see the psychiatrist Dr. Fink on June 7 and he advised me that I had the right not to take the test, so I said, "Then I don't want to take the test." My public defender, Steve McIlwain, was furious with me because I just wouldn't go along and take the test (my public defender did not even talk to me in person or by phone until July 8, a full month after I had refused to take the test. Prior to that time, the only contact we ever had with him was when he would finally answer my wife's telephone calls to him). The AFA has a hand-written note from me that I would like for you to obtain that will verify the meeting I had with my public defender that day.
This is America. How could this have happened here? If you have any further questions, please let me know. Please help me.
Shawn Miller
331 Cook Rd.
Moselle, MS 39459
(601) 544-3968
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