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53 Days in Ellis County Texas Jail as a Political Prisoner - The Saga of Bill Windsor - Part 6

ellis-judge-cindy-ermatinger-200w

My name is William M. Windsor.  I have never been arrested, have never been charged with a crime, and had never been in jail prior to October 28, 2014.

But for 53 days, from October 28 to December 19, 2014, I was detained in the Ellis County Jail in Waxahachie, Texas as a political prisoner.

This is Part 6 of my story.  Ellis County Judge Cindy Ermatinger is shown here.  She set me free after 53 days.  Judge Cindy Ermatinger is my favorite judge in Ellis County Texas.


What I am publishing is a sworn affidavit that I filed on December 11, 2014 in criminal cause number 14-158 in the 40th Judicial District Court in Ellis County, Texas, Ex Parte William M. Windsor. 

I am writing this in several parts to tell the story of my experience as a political prisoner.  I am inserting additional information from the diary that I kept, and these additions are shown inside [brackets.]

I will be linking evidence to these articles as time permits.

If you haven't read Part 1, Part 2Part 3Part 4, or Part 5, please do, as this makes the most sense when read in chronological order.

In the following sworn statements under penalty of perjury, I refer to myself as the “Relator,” which I understand is the proper designation in a habeas corpus proceeding.


 58.  On Monday morning, December 8, 2014, the Relator filed a detailed Motion to Recuse Judge Bob Carroll.  Extensive wrongdoing has been itemized.  This apparently delayed the 1:30 pm hearing on attorney’s fees and sanctions with Sean D. Fleming [that Judge Bob Carroll had scheduled].

[The documents filed with the court are the following: Motion to Recuse Judge Bob Carroll:  Part 1 - Part 2 -- Affidavit of William M. Windsor dated December 5, 2014.]

59.  On December 9, 2014, the Relator attempted to appear before Judge Cindy Ermatinger [to present his Petition for Writ of Habeas Corpus so he could go home].  He was informed that she would be out of town all week.

60.  On December 10, 2014, the Relator then attempted to meet with the Magistrate who had arraigned him as per the Texas Code of Criminal Procedure Article 51.  The [Ellis County] Sheriff’s Department/Jail denied his request and said the Magistrate had no authority.  This is, of course, false.

61.  On December 11, 2014 at 5:30 am, the Relator sent an Inmate Request Form to Booking at the Ellis County Jail to say that he wishes to post bond.

62.  On December 11, 2014, the Relator was exposed to Tuberculosis.  The Relator had been exposed to Herpes a few days before.

63.  On December 11, 2014 at 3:45 pm, the Relator asked the P Tank guard why he had not been contacted to post his bond. The guard said he would check.

[On December 13, 14, 15, 16, 17, 18, and 19, I demanded my release from the Ellis County Jail.  I did this in writing using the Inmate Request Form.  I also requested an audience before a judge or magistrate and access to the Law Library. Each of my requests was ignored or denied for bogus reasons.]

[On December 16, 2014, I received an envelope from the United States Court of Appeals for the Ninth Circuit.  It had professionally-printed in large bold type: “LEGAL MAIL.”  It had been opened and resealed with Scotch tape by someone in the Ellis County Jail.  I gathered about 10 witnesses who signed a statement as to what they witnessed, and I called the P Tank guard to witness it as well.  I immediately filed a Grievance with the Ellis County Sheriff’s Department.]

[On December 17, 2014, Judge Bob Carroll recused himself from the case of William M. Windsor v. Joeyisalittlekid, et al.  I had charged him with bias and misconduct.  I charged him with improipriety because his wife was reportedly one of the to-be-named defendants.  After Presiding Judge Mary Murphy told him that I would be allowed to call him, his wife, campaign donors, and court employees as witnesses, Judge Bob Carroll removed himself from the case (before he should have been thrown out.)]

[Each day from December 15 to December 19, 2014, I thought for sure I would be called to appear before Judge Cindy Ermatinger and that I would be released.  When I tried to go to sleep, I ran through in my mind each thing that I was going to do when I got out, personal things as well as things to prepare for the next time I get detained or if I get arrested for the first time in my life.  It was a very discouraging week as there was no call for me to get ready to go to court.]

[In the middle of the night of December 18, 2014 – morning of the 19th, everyone in P Tank was told to pack up except a new guy and me.  I was very sad to see all of my friends for the last month heading off to “population” (the big 48-man tanks).  I wondered if it was an omen.  I didn’t think I would be left there unless the powers-that-be suspected that I would finally get out.  They knew they had violated every law in the books, and they figured I would finally get before a judge who would listen and have all the facts and law put on the record as the court reporter typed away.]

[I knew that on December 19, 2014, there was a pre-scheduled hearing on my extradition that Judge Cindy Ermatinger had set on November 21, 2014, but I didn’t know if that might be mysteriously canceled.  I was one excited guy when I was told at 7:00 am that I needed to be ready for court at 9:00.  I was sure that I would be getting out.]

[Officer Cook, one of the really nice officers who regularly transported me to court, was the officer to take me.  I was giddy with excitement.  We walked the looong underground tunnel from the Ellis County Jail to the Ellis County Courthouse.  I had taken that walk maybe a dozen times.  The door opened to the courtroom, and there was Judge Cindy Ermatinger, Kelly Pelletier (her sweet court reporter), her really sweet court administrator, District Attorney Patrick Wilson, and a bailiff.  In the back corner of the courtroom gallery was Mr. Joeyisalittlekid – Ginger Snap himself – Casey P. Hargrove of Red Oak Texas.  Sitting away from him as they pretended to not know each other was an Ellis County attorney who is one of the Joeys; he blogs to the Joeys a play-by-play in his warped perspective of each of my hearings.  There was another case to be handled before mine.  I patiently awaited being set free.]

[It was old pro se me against The Ellis County District Attorney Patrick Wilson.  Patrick Wilson is the main man.  He’s probably typical of many small county district attorneys – not that sharp.  Patrick Wilson is bald and always wears what appear to be Walmart suits that have pants that are too tight and a suit coat that is way too short.  Sorry to be rude, but this does paint the picture – wouldn’t want anyone to think I was up against a super attorney or a sharp dresser.  I didn’t feel that under-dressed in my orange-striped prison jumpsuit and my orange fluorescent rubber shoes.  I had filed a First Amended Petition for Writ of Habeas Corpus in regard to my wrongful “arrest,” wrongful incarceration, wrongful denial of bond, and wrongful failure to release me after 30 days.  I made sure Judge Cindy Ermatinger had it, and I went through an explanation of how each law in Article 51 of the Texas Code of Criminal Procedure (extradition statutes) had been violated with Exhibits A, B, C, and D as the only evidence there was other than my sworn affidavit under penalty of perjury.  I’ll add more of the details later, but you may simply read my First Amended Petition, my affidavit, and my exhibits, and you will know what I argued.  The only argument that Ellis County Texas District Attorney Patrick Wilson could make was to try to claim the law is other than the statute and case law establish as to what date was the starting point for counting 30 days.  He had already blown that one by using the correct date on his count for when 90 days would be up (the outside time period that anyone can be held under other circumstances).  I enjoyed cramming that down his throat.  He did not even attempt to lie about all the violations of the laws of Texas.]

[Here are the court documents:  First Amended Petition for Writ of Habeas Corpus -- Affidavit of William M. Windsor dated December 11, 2014 -- Exhibit A -- Exhibit B -- Exhibit C -- Exhibit D -- Exhibit E -- Exhibit F -- Exhibit G -- Exhibit H -- Exhibit I.]

[Judge Cindy Ermatinger said very little.  Once we finished talking, she called for bond paperwork.  She released me with NO MONEY and essentially no strings attached.  She denied my Habeas Corpus petition, so I advised her that I would appeal.  I did so as soon as I was released from jail.  As a newly-appointed Republican judge in an all-Republican redneck county, I think she didn’t grant the Habeas Corpus because she would be in essence ruling that her fellow Republicans had broken every law in the books.  She left that dirty work to the Tenth Court of Appeals.]

[Officer Cook took me back to P Tank where I loaded up 100-pounds of my legal documents, rolled up my mat, blanket, towel, etc., and waited for those magic words: “Windsor – All the Way!”  An hour or so later, I got the call, and I was headed out of the jail.  I changed out of my prison wear and into my now badly-wrinkled suit.  Someone seems to have stolen my underwear so I went Commando.  It will be interesting to see if my underwear goes up for sale on eBay.  Maybe Casey P. Hargrove is wearing my drawers, wishing he was somebody instead of a big nobody who looks like he had a lobotomy.]

[The story doesn’t end here, but this is a good stopping point for now.  I walked outside, and when I didn’t see anyone there to arrest me, I disappeared into an office and called my personal attorney to have someone pick me up.  They did.  I hopped into my Jeep, which had been hidden at their law office, and I went to the courthouse to file my appeal.  Then happiness came a half hour later when I saw Ellis County Texas in my rearview mirror.]

 


I will add more detail and exhibits to Part 6, but I want to get the basic story out there first.  Then I'll go back and supplement.  I have diary information to add as well. 

Part 1 is the background to the story.  Part 2 discusses when Bill Windsor was handcuffed and taken to jail from a hearing in a civil suit that he filed against the people who have viciously defamed him in what is the largest case of defamation in U.S. history.  Part 3 details early days in jail and attempts to get someone/anyone to help; the conspiracy to keep William M. Windsor in jail begins to come to lightPart 4 covers events from November 26, 2014 through December 2, 2014 as the corruption of Judge Bob Carroll erupts in full bloom.  Part 5 introduces Ellis County Texas District Attorney Patrick Wilson into the corruption picture.  Part 6 leads to a December 19, 2014 at which Bill Windsor was ordered released by Judge Cindy Ermatinger.

Bill Windsor was never arrested, just illegally incarcerated for 53 days -- a political prisoner!

 

William M. Windsor

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