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The FBI Conspiracy Against Chuck Hayes

by J. Orlin Grabbe


The highest levels of the FBI are engaged in a conspiracy to obstruct justice by denying Charles S. Hayes the right to legal representation, by denying him the right to any discovery materials, and by denying him the opportunity to prepare a defense.

In an Emergency Motion filed with the Court, Hayes says that he "has been falsely accused, with no proper discovery, on a spurious charge at best, and falsely incarcerated based upon FBI misconduct and perjured testimony."

The Assistant US Attorney (AUSA) for the case has not produced discovery materials as ordered by the Court. Moreover, legal representatives for Chuck Hayes are being intimidated by the FBI in an attempt to induce them to drop the case. FBI agent David Keller, in particular, appears to be directing the actions both of the AUSA and, at least to some extent, of the US magistrate judge hearing the case.

It is one-stop shopping: an FBI railroading of the entire process of justice.

It was FBI agent David Keller, you will recall, who claimed in court on Friday, October 25, that Chuck Hayes and I were the same person. This identification was solicited by the questions of AUSA Hatfield. Keller also brought the original complaint of violations of federal law against Hayes. Keller is thus a hostile witness for the prosecution. Keller is neither an attorney, nor a party to the case. Nevertheless, Keller appears to be running the show.

Other information indicates Keller's actions are coordinated at higher levels of the FBI, in particular the "dirty tricks" department at Quantico.

In US District Court in London, KY, on Friday, November 22, Judge J. B. Johnson, Jr., ordered AUSA Martin Hatfield to turn over all discovery materials to Chuck Hayes' legal representative, Jim Vassilos, at Hatfield's law office. (Judge Johnson is a simple US magistrate judge. My initial report that he was a circuit court judge was based on an erroneous identification made by a source in Kentucky.)

AUSA Hatfield then directed Vassilos to meet him at the third floor of the First National Bank in London. This address turned out to be an unmarked facility of the FBI, not Hatfield's law office.

AUSA Hatfield said he would not turn over any of the discovery materials to Vassilos unless Vassilos first talked to FBI agent David Keller. In other words, the Assistant US Attorney said he would not obey the court order, unless the legal representative for Chuck Hayes first talked to FBI agent David Keller, a hostile witness for the prosecution.

Chuck Hayes' two previously contacted attorneys had each dropped the case, apparently fearing repercussions from the Justice Department and the FBI. Vassilos feels that the purpose of the diversion of the meeting with AUSA Hatfield to a hidden facility of the FBI involved a plan to prejudice him against his client and to intimidate him into dropping the case.

Jim Vassilos declined to meet with FBI agent Keller, and went to AUSA Hatfield's law office at 1380 West 5th Street in London, the properly designated meeting place. After a delay, Hatfield showed up at his law office with FBI agent Keller. Hatfield again said he would not provide the discovery materials until Vassilos first talked to Keller. Again Vassilos declined to meet this condition, and said--in the presence of six witnesses--said he was ready, willing, and able to receive the discovery materials as ordered by the Court.

Keller and Hatfield then retired to their respective offices for a conference call. (FBI agent Keller has an office in the US Attorney's office complex.) It is not certain to whom they were talking, but it appears to have been Judge J.B. Johnson. Hatfield then emerged to demand once again that Vassilos meet with FBI agent Keller. Otherwise, he said, he would not turn over the discovery materials. Again Vassilos declined to meet with an individual who a) was not an attorney, b) was not a party, c) was a witness, and d) was a hostile witness for the prosecution.

The role being played here by Judge Johnson is curious. Johnson signed the original warrant for arrest, charging "Chalmer C. Hayes, aka Charles Hayes, Chuck Hayes" with violations of Title 18, United States Code, Section 1958. The warrant was signed on October 22, 1996, in Williamsburg, KY. The warrant was signed with "Bail fixed at $ None". The warrant was then served on Hayes that same day in Nancy, KY. The warrant was signed for Hayes to answer a "complaint," not an indictment.

Then Judge Johnson, whose mind had already been prejudiced by FBI statements, also presided over the bail hearing in London, on Friday, Oct. 25, even though the federal judge in London is Judge Coffman. Judge Johnson then denied bail on Monday, October 28. But no one knew about this ruling. When I talked to Hayes' attorney, Warren Scolville, on Tuesday, Oct. 29, Scolville said that the bail ruling had not been made, but he was expecting a ruling on the following day, Wed., Oct. 30. Scolville then went on vacation, and when he returned he dropped the case. That bail had been denied was only learned by Hayes and his legal representative on Wed., Nov. 20, or thereabouts.

The first Motion below sets out the sequence of events involving FBI agent Keller, the withholding of discovery materials, and the denial of promised access to a legal library.

The second Motion demands a bond hearing before Judge Coffman. In this motion, Hayes charges that there has been "FBI abuse, and prosecutorial misconduct."

The third Motion demands a correction to the findings of fact of October 28, 1996, (on which date bail was denied). This motion states that the prosecution has "failed to meet the burden of proof owing to tainted and perjured testimony."


London Criminal No. 96-60
United States of America, Plaintiff
vs. Charles S. Hayes, Defendant.

NOTICE OF EMERGENCY MOTIONS

NOTICE OF MOTIONS FOR TUESDAY 9:00 AM NOVEMBER 26, 1996 OWNING TO DECEMBER 2, 1996 TRIAL DATE.

NOTICE DELIVERED TO LONDON COURT HOUSE OR AS OTHERWISE NOTED

1) Clerk of Federal Court London, Kentucky
2) Federal Judge Coffman
3) Magistrate Judge J.B. Johnson (Williamsburg, Kentucky)
4) AUSA Martin Hatfield (1380 West Fifth Street, London, Kentucky)
5) Kenyon Meyer

By this notice with 3 motions attached.

Each person is hereby noticed by hand delivery to their place of business on Friday, November 22, 1996, of emergency motions, motioned for hearing at 9 AM on November 26, 1996, owing to a trial date of December 2, 1996.

Charles S. Hayes, by Jim Vassilos
Harvey Garner, Witness
S. Sitrick, Witness
November 22, 1996


MOTION TO CORRECT ORDER OF 96/NOV/22.
MOTIONED FOR HEARING 9 A.M. 96/NOV/26.
EMERGENCY MOTION OWNING TO 96/DEC/2
TRIAL DATE.

1) It was not denied that access to AUSA law library was granted to alleged defendant, it was granted in the event access to the Scolville library was denied.

2) Access to the Scolville library was denied on 96/Nov/22 at 3 P.M., after being promised in open Court by Atty Cessna before 9:30 A.M., said denial being witnessed by Harvey Garner.

3) Charles S. Hayes is not Chalmer, Chalmers, Chuck Hayes, or Charles Hayes without an S. middle initial.

4) That in addition to continuance motions also bond motions were to be heard in front of Judge Coffman, and possibly other matters.

5) That the transcript of the 96/Nov/22 hearing is requested to be ordered to be present on 96/Nov/26 noting that alleged defendant is ready, willing and able to pay, is hereby ordering as of 96/Nov/22, and will make every reasonable effort to phone and order from the Court Reporter.

6) That AUSA M. Hatfield was ordered to provide 1) complete discovery, especially including any complaint, affidavit, and other discovery, data on 96/Nov/22 to Jim Vassilos.

7) That AUSA M. Hatfield was ordered to provide an itemized receipt for property on 96/Nov/22 to Jim Vassilos.

8) That on 96/Nov/22 Jim Vassilos agreed to meet with AUSA Martin [Hatfield] to receive the discovery and itemized property receipt.

9) That on 96/Nov/22 at approximately 12:45 P.M. Jim Vassilos went to the 3rd floor of the 1st National Bank of London as directed by AUSA Martin [Hatfield] only to find that that location is the FBI office and not a law office and not the office of Atty Martin Hatfield.

10) At that time and place AUSA Hatfield stated he would not produce any discovery or receipt unless Jim Vassilos met with FBI agent Keller who is 1) not at atty, 2) not a party, 3) is a witness, 4) is a hostile witness to the alleged defendant.

11) Whereupon Jim Vassilos stated that the Judge's (J.B. Johnson) [order] was clear that there was to be a law meeting to transfer long delayed tardy discovery at a law office and no other hostile meeting [place].

12) Whereupon Jim Vassilos stated he would go to the correct true law office of AUSA Hatfield in order to try to fulfill the Court's order of obtaining tardy discovery and receipt.

13) Upon arriving at 1380 W. 5th London, AUSA office, Jim Vassilos after some delay was informed that no discovery would be provided without meeting with a 1) non-atty, 2) non-party, 3) witness, 4) hostile prosecution witness, namely FBI [agent] Keller.

14) Whereupon Jim Vassilos stated in front of (6) six witnesses that he was ready, willing and able to receive discovery and receipt as ordered in court that day; however, AUSA M. Hatfield declined to so provide the ordered discovery and receipt.

Wherefore, alleged defendant moves for an emergency order ordering AUSA M. Hatfield to produce said discovery in open court on 96/Nov/26 at 9 A.M.

Signed Charles S. Hayes by Jim Vassilos
Pat Campbell, Witness
Harvey Garner, Witness
November 22, 1996


MOTION TO COMMENCE BOND HEARING ON 96/NOV/26 AT 9 A.M. BEFORE JUDGE COFFMAN
EMERGENCY MOTION OWING TO 96/DEC/2 TRIAL DATE

Appears now falsely incarcerated alleged defendant Charles S. Hayes and states:

1) That we were instructed to bring a bond or change in bond, if any, motion before Judge Coffman;

2) That there have been gross due process, constitutional, FBI abuse, and prosecutorial misconduct in this matter;

3) That AUSA M. Hatfield admitted in open Court on 96/Nov/22 that he had: 1) not provided discovery to Atty Scolville, 2) not provided discovery to the false[ly] accused;

4) That discovery and an itemized property receipt were promised to be provided to falsely accused Charles S. Hayes through Jim Vassilos who went to 2 offices, met with AUSA Hatfield at multiple times, in front of (6) six witnesses stood ready, willing, and able to receive what was ordered but it was not provided;

5) AUSA Hatfield refused to continue the trial date knowing no discovery was provided;

6) That serious perjury and misconduct charges are being pursued;

7) Due process and constitutional rights violations are clearly documented in this case;

8) That a man has been falsely accused, with no proper discovery, on a spurious charge at best, and falsely incarcerated based upon FBI misconduct and perjured testimony;

9) That any further testimony, if any, as well as past testimony of the alleged government bond hearing witnesses should be considered tainted;

10) That falsely alleged defendant is ready, willing, able to pay for and has attempted to order the 96/Oct/25 bond hearing transcript;

Wherefore, alleged defendant moves to commence the bond hearing and for an order to produce the prior bond transcript to be paid for in open Court instanter.

Signed Charles S. Hayes by Jim Vassilos
Pat Campbell, Witness
Harvey Garner, Witness
November 22, 1996


MOTION TO CORRECT FINDINGS OF FACT 96/OCT/28
EMERGENCY MOTION OWING TO 96/DEC/2 TRIAL DATE
MOTIONED FOR HEARING ON 96/NOV/26 AT 9 A.M.

Appears by motion and in person, falsely accused alleged defendant Charles S. Hayes, and states, among other things:

1) That I am moving to 80 John Dr., Jasper Bend, KY, 606-561-0154;

2) That I have no intention of fleeing is hereby stated in writing in open Court for this record;

3) No affidavit, complaint, or other discovery has been provided by AUSA M. Hatfield despite 1) Atty Scolville being atty through completion of all aspects of the 96/Nov/22 motion hearing, 2) a request being made in open court on 96/Nov/22, 3) a meeting on the 3rd floor of the 1st National Bank of London to which counsel was directed, 4) a meeting at 1380 W. 5th, the true office of atty Hatfield, 5) multiple requests in front of (6) six witnesses that alleged defendant is ready, willing, able to receive what was ordered as ordered by M[agistrate] J[udge] Johnson;

4) False perjured testimony was presented before Magistrate Judge Johnson on 96/Nov/25, namely by 1) Special Agent FBI Keller 2) Guiomar Zink 3) Other false data;

5) That the AUSA has failed to meet the required burden of proof;

6) That the [AUSA] has especially failed to meet the burden of proof owing to tainted and perjured testimony which charges are being pursued;

Wherefore, falsely accused moves and continues to move that the 96/Oct/28 findings of fact be corrected and continue to be corrected as the errors are documented.

Signed Charles S. Hayes by Jim Vassilos Pat Campbell, Witness
Harvey Garner, Witness
November 22, 1996


November 23, 1996
Web Page: http://www.aci.net/kalliste/