Carey Witten
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The rest of the story they don't want you to know.
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Government doxxing of a man with no criminal history.
How to Get an Innocent Man to Wear a Scarlet Letter for Life
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The California Department of Justice oversees the current sex offender registry. They have over 108,000+ citizens on their list that includes innocent people with court dismissals and residents with mere misdemeanor violations. California offered very little in the way of relief from their rolls since 1947.
Recent legislation via Senate Bill 384 was passed, but not without a last minute "gut and amend" to the original bill. The new tiered registry is providing some relief for those eligible to petition off the registry, thus some incremental sensibility. On the other hand tier assignments have been arbitrary and caused lawsuits. Remember, a resident that had one lone sole brush with the Law whose offense was subsequently dismissed has little to no risk of re-offense. Yet, many are listed on the registry for life. Total insanity. Furthermore, any registrant of either low, medium or high risk that remains in society offense free for 17 years or longer poses no more risk than anyone else in society.
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The registry has negligible effect on public safety. California is enjoying an unprecedented boom in corrections and prison income equaled by no other state or most countries by a wide margin.
In 2012 Deputy Karren Ewing of the Adams County Sheriff's Office tried to arrest Carey Witten, however she was unable to do so lawfully. Unable to arrest him she in turn approached the grand jury for an indictment of Carey. She was once again turned away because she lacked a qualifying conviction on record. Maybe she should study the law prior to trying to enforce it. For now she most likely will continue to operate outside the rule of law which is defined as criminal, a fitting example of why our great nation is eroding from within into a fear-driven police state.
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Fast forward to 2021 and Deputy Ewing now is wielding absolute and unchecked lawlessness. She has arrested Mr. Witten twice recently for registry "non-compliance". Ironically it's her and the Department of Public Safety that are non-compliant.
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This strategy by Ewing has had devastating effects. Carey was in jail at one point for nearly 4 months due to Ewing's actions. He has approached Federal District Court to hopefully put an end to the dismantling of his life and livelihood.
In a split 5-4 court decision, Justice Pierce wrote a shocking opinion that inferred or assumed a conviction existed for the case of Carey Witten in order to rule in favor of the State. The State of Mississippi is still in violation of law with no copy of conviction on file nor on the record per Mississippi Statute § 45-33-35(6)(d). Why don't they have a court conviction on file? Because it doesn't exist. Only a Court Dismissal is on the record. It's a scary precedent that could open the door for a litany of illegal registrations, litigation and the unencumbered ability for the judicial branch to ignore the rule of law.
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Pierce subsequently resigned from the high court. Another interesting fact is the one silent, 5th vote in Witten vs. Mississippi ex. rel. was Josiah Coleman, 1st cousin of the state's lead attorney R. Steven Coleman.
Sacramento County, CA 1996: Surprise Arrest, Jail, Overcharging, Plea Offers, Trial by Jury, Conviction, Sentencing, Probation, Appeal, Dismissal and Requirement to Register as a Sex Offender for Life
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If you haven't read "Carey's Story" as of yet you may want to do so via the link above. It leads into this horrific narrative of how easily an innocent person can be convicted in the courts.
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Carey was arrested and charged with four counts of varying types of date rape laws including that he drugged his lover of two years.... These laws were recently added to California Law to address the rising problem of "roofies" being slipped to unsuspecting women in bars and social scenes, rightfully so. That is quite a heinous act to do. However, the laws weren't designed for a vindictive lover to railroad her boyfriend. Many states at this time would not have prosecuted this case, nor did they have such laws on the books. He bailed out of jail and retained a lawyer.
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Once he visited his attorney and read the police report he knew he had been tricked. Therese told the police that Carey was just an acquaintance. She stated they only had sex once before a while back in a hotel. She also stated she was so drunk she could barely walk out of the restaurant on the night in question. It gets worse. The whole thing was a lie.
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Unbeknownst to Carey, his attorney Stewart Katz was despised by the District Attorney. Mr. Katz had successfully and repeatedly sued the County for various clients on civil rights violations and he was definitely targeted as a troublemaker by the local prosecuting District Attorney. They hated him and would go to any length to defeat him in court.
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The preliminary hearing was a joke. The State had NO EVIDENCE other than a boyfriend (Carey) groveling over the phone in a surreptitiously recorded pretexted police set-up conversation with his lover/girlfriend. The judge basically discounted Carey's defense objections, in particular, there were no toxicology reports to substantiate that Carey drugged Therese. In addition there were no physical examinations of Therese. The trumped, DA computer-generated charges should have been dismissed then and there due to lack of evidence. Carey was forced to answer to those fictitious charges and it played an important role later. Carey pled not guilty and a trial date was set.
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The DA offered numerous plea bargains, each time becoming an increasingly lesser charge as a trial approached. Carey understood a trial could pose significant risk and a plea may eliminate such uncertainties. His attorney would never guarantee no jail time. That was a deal breaker for an innocent guy.
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Leading up to the trial all things were pointing to an ex-girlfriend Therese who wanted to drop the charges. After all, she must testify for this trial to proceed. Many think she was pressured by the DA against her wishes because she owed five figures in unpaid child support. Big surprise there...
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Before the trial even started, large and vital sources and types of evidence to prove not only Carey's innocence but also a clear motive for Therese to fabricate these claims was stifled by the trial judge. These so called "Shield Laws" are misused, especially in a case where there was a clear, long-term intimate relationship between the two. Without such evidence, the DA could proceed on many topics as if Carey was some type of deviant stranger to Therese. Neither Carey nor his attorney were even allowed to say the word 'abortion' during the trial.
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The trial commenced and Therese did take the stand. She lied about everything. She even lied about asking Carey for a large sum of money the night in question. Her fabrications, carefully coached by a corrupt prosecutor, now changed from being 'asleep' to being extremely drunk and passed out. It was a big frame job full of everything but the truth.
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Carey brought in witnesses to show that Therese was a liar. Their waiter that night testified that they walked out of that restaurant just like a happy, sober couple. This completely contradicted her story of being so drunk she had to be helped to walk out of that place. They brought in her landlord that testified that she did in fact receive a pay rent or quit notice, thus her approaching Carey that night for a lot of money. They put her other boyfriend on the stand (the guy Therese moved in with after their first break up) and he testified that she tried to run him over with her car. Carey wasn't the only one with whom she was vindictive and violent. There was more. Even with the withheld evidence Carey's defense showed to a certain degree that Therese was a outright pathological liar and a poor witness.
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The withheld evidence was key though. What if the defense was able to show that she had clinically been diagnosed with Borderline Personality Disorder? This would explain a large bit of her behavior, not to mention documented cases of false rape claims by women who suffer from this mental illness. In addition, Therese had multiple abortions in her past including one in the height of her relationship with Carey. These facts were not allowed to be presented to the jury as a motive to fabricate.
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In the end the groveling, recorded phone call sunk Carey along with all the withheld evidence. The jury was split on a Thursday and went 2 counts guilty, 2 counts not guilty on a Friday. How does that happen? One would speculate that they compromised to get out of there for the weekend. Sad but true. Three jurors convened with Carey's family once the verdict was read and court was adjourned. They wanted assurance from someone that he would not go to prison. Carey just sobbed in disbelief.
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The probation department recommended prison for Carey prior to a sentence hearing. The judge knew the full story though -- unlike the jury. She (the judge was a woman) sentenced Carey to probation then the court subsequently dismissed the convictions after probation was successfully completed.
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That's right readers, DISMISSED. Carey has no rape conviction. The conviction has been dismissed April 19, 2005 in California Superior Court.
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Click Here for Copy of Dismissal
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Any website, agency, court or entity that advertises Carey's dismissal as a current and valid conviction will be held responsible in civil or criminal proceedings. The madness and lies must end. The government is ruining the lives of people like Carey!
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The reader still may be asking what was Therese's motive to fabricate? Read closely within the story. She always circles back to money. Yep, good ol' greenbacks. She was awarded virtual unlimited restitution by the court (for counseling and prozac - a program she had been on for a looong time prior to her relationship with Carey) which Carey had to pay. He was squeezed for 5 figures from her until he finally called a hearing and put a cap on it with no objections from a smiling DA...
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Rape justifies abortion in the eyes of a catholic family also? Maybe so. Therese's older brother is a catholic bishop. If you're reading this Therese you should come out and come clean. Its been dismissed. No repercussions for you are in order.
Mississippi is Still Burning
The State of Mississippi is even worse when it comes to something with the word "sex" inserted into the subject line. Everyone from local cops to their Supreme Court throws all rule of law out the window, defining clear legislation as they deem fit.
Carey read the Law as it applies prior to moving to Mississippi. Convictions are a necessary trigger to mandate registration in the state. It is simple and easy to understand. The legislative intent is clear. The legislation of Mississippi does not want to register people without convictions. This didn't stop Karren Ewing of Adams County Sheriff Department. She harrassed and attempted to arrest Carey even after she was handed the original court ordered dismissal. A Mississippi Justice Court judge finally told her that Carey had no duty to register due to the fact that no conviction existed. This proceeding was witnessed by the judge, the local DA, roughly 13 local citizens and deputy Ewing. It didn't matter. She patently ignored the court findings and commenced to spread criminal slander across the board. Furthermore, it is known that Karren Ewing approached the grand jury after that hearing. She sought an indictment of Carey Witten for failing to register. They turned her away because she lacked any proof that a qualifying conviction existed. Even after that the police weren't deterred. They commenced to identify Carey online as an absconding sex offender after such due process occured. Such is the legal landscape in Mississippi where rogue cops can ignore the rule of law and the courts.
Some courts in this world would have her arrested or terminated for such actions. Not Mississippi. It's business as usual.
Click Here for MS Code that Clearly Designates Conviction is Required
Here is a fine example that goes all the way to the top of so-called Mississippi Justice:
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First of all, Carey never owned any conviction prior to moving to Mississippi. The statute below never should have been necessary in court. The fact that Mississippi placed him on the registry is a clear and heinous violation of compelled speech, procedural due process and equal protection guarantees found in our most sacred state and federal constitutions.
§ 45-33-47(4) as annotated in Mississippi Code of Law
The offender will be required to continue registration for any sex offense conviction unless the conviction is set aside in any post-conviction proceeding, the offender receives a pardon, the charge is dismissed or the offender has received a court order pursuant to this section relieving him of the duty to register. Upon submission of the appropriate documentation to the department of one (1) of these occurrences, registration duties will be discontinued.
Carey has three of the four noted occurrences above when only one is required. It has been set aside, dismissed and he has a court order. However, straightforward and clearly-written law is just not good enough for Adams County Circuit Court or the Supreme Court for that matter. They have deliberately disregarded this plain and unambiguous statute to do whatever they want, in particular to legislate from the bench. In fact, the State of Mississippi after the supreme court ruling intend on never applying this law, thus relief unobtainable. That has got to be in the top two of what not to do as a circuit court judge and especially a state supreme court justice. That's right folks. God help the future generations. The Rule of Law and due process has gone extinct in Mississippi if it ever existed in the first place.
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Another precedent that should trigger indictments is the deliberate, willful and egregious acts of The Department of Public Safety and The Office of the State Attorney General. Fraud, perjury and false misrepresentation occurred on the record in court and continues to this day. What ever happened to the oath of office to support and defend the Constitution?
Copy of Carey Witten's Court Order Signed by Judge Lillie Blackmon Sanders
(This same judge voided order less than 2 months later based on no applicable law)
Copy of Carey Witten's Appeal to Mississippi Supreme Court
(Justice Kitchen's opinion starting on Page 9 outlines the law circumvented)