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Report: #1534087

Complaint Review: Joshua McLaughlin, Sheriff of Limestone County - Athens Alabama

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  • Reported By: Denise — Athens Alabama United States
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  • Joshua McLaughlin, Sheriff of Limestone County 101 West Elm Street Athens, Alabama United States

Joshua McLaughlin, Sheriff of Limestone County filed a petition for involuntary commitment without a qualifying event or involvement of the Mental Health Officer. Athens Alabama

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Colbert County Involuntary Commitment Process:

In October 2022, I filed a petition for involuntary commitment against my son, Lemual E. Hanback. Shortly after the petition was mailed, I received a telephone call from Judge Daniel Rosser from the Colbert County Probate Court. Judge Rosser had questions regarding the petition that I submitted to his court. The petition was for my son and his wife. The facts stated were as follows:

I, Denise K. McCafferrey, mother of the Respondent in this case, and respectfully represents unto your Honor that Lemual Ellis Hanback is 52 years old and a resident of Colbert County, Alabama. The Respondents currently reside at 279 Whitaker Avenue, Cherokee, Alabama 35616. This Petitioner has personal knowledge that the Respondents have both been diagnosed with Bipolar-Disorder and are suffering from this mental illness in the following manner:

(1)        The Respondents quality of living conditions are in a state of being squalid;

(2)        The Respondents are living in a hoarded home;

(3)        The Respondents are not managing their health affairs;

(4)        The Respondents are not managing their financial affairs;

(5)        The Respondents are not properly nourished;

(6)        The Respondents are not meeting their basic needs;

(7)        The Respondents are not meeting their medical affairs; Mr. Hanback depleted his Social Security account and has not applied for Medicaid;

(8)        The Respondents “might not be threatening themselves or someone else but they still need help.” (Frank Barger, Mayo Clinic, copied from Internet and/or Website.)

This Petitioner’s beliefs are based on specific behavior, acts, attempts, or threats, including but not limited to the following:

(1)        Repetitive history of their inability to provide sufficient heating for the winter;

(2)        Repetitive history of their inability to pay their financial obligations in a timely manner;

(3)        Repetitive history of their inability to manage their bank account;

(4)        Dependency on food banks and various charitable organizations for their basic nutritional needs;

(5)        An inability to negotiate a peaceable agreement to normal disputes, i.e., borrowing money from this Petitioner and refusing to repay said funds; misrepresenting the disputed issue creating dissension between mother and son; an inability to acknowledge the truth regarding a court process; inability to acknowledge the opinion of the opposing party as having validity; inability to effectively communicate in a reasonable manner; inability to develop a reasonable value system and/or sense of fair play, fairness, justice; etc.

 

This petitioner received a telephone call on 10/17/2022 at 2:05pm from Daniel Rosser, Colbert County Judge of Probate. Judge Rosser wanted to ask some questions of this petitioner:

1)          Judge Rosser wanted to speak to Denise McCafferrey regarding a Petition for Involuntary Commitment.

2)          He talked about the petitioner’s name as Denise McCafferrey and McCafferrey, LLC and wanted to know if I was a lawyer.

3)          I explained that my husband was an attorney and that I was unsure of what to place on the cover of the petition as I was having some difficulties with another Court that might be related to filings from in pro se litigant.

4)          Judge Rosser asked me what I was doing with the Madison County Court and I assured him my dealings with that Court was not related to any Probate matters.

5)          I also explained about having issues with the Limestone County Circuit Court and the US District Court as they refused to file my submissions and set the matters for a hearing date.

6)          “Who are you trying to have committed?”

7)          “My son.”

8)          “How old is your son?”

9)          “Fifty-two (52).”

10)       “Where does your son live?”

11)       “Cherokee.”

12)       “Let’s do this. Let me be as helpful to you as I can be. I’d like to refer you to an attorney.”

13)       “That is McCafferrey, LLC.”

14)       “Let me just say this, please. I’d like to refer you to an attorney named Bethany Ellison Malone. She does a big practice in my Court. And, I’d like to refer you to her so that you can use her to help you prepare the necessary documents to get your son committed. And, the great news is that there won’t be any charge. The State will actually pay her attorney’s fee. Isn’t that great?”

15)       “Well, yes and no. Are you saying that my brief lacks information or forms?”

16)       “I’m saying that I don’t accept pro se filings.

17)       “Ok! Why not just cross out Denise McCafferrey, in pro se, because McCafferrey, LLC is an attorney.”

18)       “Ma’am, this document was not prepared by an attorney.”

19)       “No! No, I prepared it.”

20)       So, listen, that’s my final offer. I’ll give you a free lawyer to help you. This’ll make the process much better. And, in the end. It’ll be better for your son. You can accept my offer, or, ….”

21)       “Do you have a telephone number?”

22)       “Yeah.”

23)       “And, it was Bethany, what?”

24)       “Bethany Ellison Malone.”

25)       “M. A. L. O. N. E.?”

26)       “Yeah!”

27)       “Ok.”

28)       “Bethany Malone. And her phone number is (256) 383-9444. (256) 383-9444!”

29)       “Ok.”

30)       “Alright, have a good day, ma’am!”

31)       “Thank you. Bye.”

 

It is my opinion that Judge Rosser performed his official duties in a fair, reasonable, and efficient manner. I was satisfied that he attempted to follow the guidelines consistent with the Alabama Statutes, 22-52-*. The only issue was that In Pro Se litigants filing a petition should have been accepted and the petition should have been filed with the Court as such.

The criteria set forth by Bethany Malone’s office was a detriment to the legal process. However, Ms. Malone made a valid argument in that the law provides for a type of guardian ad litem in the form of Mental Health Officers (MHO). These MHOs are trained to interact with the potential respondents and provide the required needs assessment evaluation. If the MHO believes the potential respondents are in need of items that can be provided by other agencies, court proceedings are then deferred away from the legal process.  

The check for the filing fee, which was written to the Colbert County Probate office, was returned on 10/26/2022. I then prepared a Change of Venue to move this complaint to the Limestone County Probate Court. On 12/22/2022, I received a telephone call from the Limestone County Probate office. Judge Woodroof’s staff informed me that he was declining the jurisdiction in this matter.

         Note: I described in detail specific behavior patterns. If these types of behavior do not concern the Probate Court in Colbert County, then I do not understand what the set criteria for Limestone County could be. What are the Probate Courts requirements for specific behavior, acts, attempts, or threats? I also could not understand the news broadcast in 2021 that informed the public that more people had been committed than Decatur Hospital had beds. In my opinion, both of the petitions submitted against me in 2021 and 2023 should have been dismissed due to the lack of any specific behavior, acts, attempts, or threats.

Limestone County Involuntary Commitment Process 2021 C3-062

Any reasonable judge would want to have a clear understanding of the specific behavior, acts, attempts, or threats that would fit the profile of a mental illness. If the petitioner did not have sufficient detailed information that would indicate a specific mental illness, then the judge is responsible to make further inquiry in accordance with the Alabama Statutes. Judge Woodroof had absolutely no police reports regarding any public “event” with regards to Ms. McCafferrey, i.e., loss of consciousness that required medical attention; accidents while driving; public displays of confrontation with others, threats and/or attempts to do bodily harm to myself or others; etc. [22-52-*]

Ala. Code, Title 22, Ch. 52, Art. 5, Sec. 22-52-91 clearly states the duties of law enforcement. Sec. 22-52-91(a) specifically states: “When a law enforcement officer is confronted by circumstances and has reasonable cause for believing that a person within the county is mentally ill and also believes that the person is likely to be of immediate danger to self or others, the law enforcement officer shall contact a community mental health officer. The community mental health officer shall join the law enforcement officer at the scene and location of the person to assess conditions and determine if the person needs the attention, specialized care, and services of a designated mental health facility. If the community mental health officer determines from the conditions, symptoms, and behavior that the person appears to be mentally ill and poses an immediate danger to self or others, the law enforcement officer shall take the person into custody and, together with the community mental health officer, deliver the person directly to the designated mental health facility. At the designated mental health facility, a responsible employee of the facility who is on duty and in charge of admissions to the facility shall be informed by the community mental health officer that the person in custody appears to be mentally ill and is in need of examination and observation.” In 2014-2015, Sheriff deputies delivered my bipolar nephew to the Decatur Hospital.

         In 2021, I did not understand the Mental Health laws and made inquiries to some other state agency. This person mailed me a copy of the Alabama Statutes for Ch. 52, Commitment, Discharge, and Transfer of Persons in State Institutions; Art. 1, Commitment of Mentally Ill Persons Generally; Sec. 22-52-1.1 through Sec. 22-52-17 of this statute. The remaining sections of this law were omitted as it was not clear if I would need the entire document. In 2023, Cathy George, LICSW, the declared Mental Health Coordinator and Probate Court Laison, first met with me on 11/23/2023. At that time, Ms. George told me that she had been the Mental Health Coordinator for the last 4-5 years. I could not help but wonder why Cathy George did not come to my home with a Sheriff’s deputy prior to 04/27/2021. I could not help but wonder why she did not conduct the mental health interview in 2021. Gerald Wilhoite’s report was a complete embarrassment as it was so confounded and poorly written in May 2021.

 

However, Judge Woodroof filed the petition with the Court and proceeded with a Notice of Respondent on 04/27/2021 at 8:39am and commanded the Sheriff to serve a copy of the petition upon Denise Leone (McCafferrey). Judge Woodroof then set the hearing date for 04/27/2021 at 3:30pm. Judge Woodroof should have had a complete understanding of the time requirements for each step of the commitment process which is as follows:

Sec. 22-52-1.1 Definitions;

Sec. 22-52-1.2 Filing and contents of petition seeking involuntary commitment of another;

Sec. 22-52-2 Review of petition by probate judge; examination of petitioner; dismissal of petition without further proceedings;

Sec. 22-52-3 Service of petition and order setting petition for hearing upon person sought to be committed; contents of notice;

Please note that the statute mandates that a copy of the petition along with a copy of the order setting the petition for a hearing be served upon all potential respondents. However, the statutes do not provide a time-frame for this service.

Sec. 22-52-4 Appointment of attorney and guardian ad litem for person sought to be committed; statements; etc., of person in presence of judge, prior to obtaining services of attorney, not to be considered by judge;

(1)        22-52-4(a) says that the judge shall appoint a guardian-ad-litem to protect my rights and determine whether or not I had funds to employ an attorney to represent me. The guardian-ad-litem was also supposed to determine my mental ability to secure the services of an attorney.

Please note: In the state of Michigan, I witnessed this process first hand while attempting to protect the rights of my mother. The guardian-ad-litem interviewed my mother at her home and made a recommendation to the Probate Court. As a daughter, I contacted the Adult Protective Services in an attempt to preserve my mother’s rights so that I could return to Alabama.

(2)        22-52-4(b) is supposed to preserve my rights against self-incrimination prior to obtaining the services of an attorney, by appointment or otherwise.

Please note: Judge Woodroof asked me a direct question at the hearing on 04/27/2021. The appointed attorney did not advise me that it was ill-advised to answer that question. Judge Woodroof abruptly ended the conversation and concluded with a mandatory evaluation to be carried out at Decatur-Morgan Hospital. The evaluation was not the customary 72-hour observation. It was a 10-day evaluation.

         Sec. 22-52-5 Appointment by probate judge of attorney to appear in support of petition; employment by petitioners of attorney to appear in support of petition.

         Sec. 22-52-6 Notification of Department of mental Health and Mental Retardation or other public facility of petition, date of final hearing, etc.

(1)        22-52-6(a) states that the probate judge is supposed to notify a designated mental health facility of the pendency of a petition for commitment.

         Sec. 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to be committed pending hearings; ordering, etc., of examinations of person sought to be committed; supervision or temporary treatment.

(1)        Please note: the County Commissioner is responsible for locating an available bed for the indigent in accordance with their Handbook. Due to the fact that my medical insurance company has NO obligation to pay for services that I did not request, the judge would have required the cooperation of the County Commissioner for my district. Someone from the county was obligated to pay the $82,829 cost that the hospital attempted to charge Blue Cross Blue Shield (BCBS) of Alabama. An additional $800, or so, was charged to BCBS and was also declined for payment. Judge Woodroof must have provided the Sheriff with an order for tests performed at Athens Hospital, i.e., CT Head Scan, blood test for illegal drugs, EKG, etc.

(2)        When discharged from Decatur-Morgan Hospital, I received restrictions that would not allow me to drive without a doctor’s release. However, the mental health facility that was listed on the discharge documents did not exist. Obviously, I ended up disregarding the discharge documents as the probate case# C3-062 was dismissed because the “Burden of Proof” had not been met for either inpatient or outpatient treatment.

Sec. 22-52-8 Holding of probable cause and final hearings generally.

(1)        22-52-8(a) states that if anyone petitioned to be committed has any limitation imposed on their liberty or any temporary treatment imposed pending final hearing, shall set a probable cause hearing within seven (7) days of the date of imposition.

Please note: (a) The petition and hearing date was not served on me prior to 04/27/2021; (b) the Sheriff deputies did not possess a probate instanter order; (c) the Sheriff deputies did not obtain an arrest warrant from a Circuit Court judge; etc. The deputies “took me into custody” with a Probate Court “Writ for Body.” The state of Alabama does not have any laws on this type of Writ outside of a “Writ of Property.”

(2)        22-52-8(b) states that the final hearing shall be held within thirty (30) days of the date that the respondent was served with a copy of the petition seeking to have them committed. Judge Woodroof skipped directly to a Probable Cause hearing and ignored the previous statute sections.

(3)        22-52-8(c) states that if temporary treatment or admittance to a hospital is ordered that it shall be supervised by a licensed medical doctor or qualified mental health professional who has willingly consented to treat the respondent, and admission to a hospital shall be ordered by a licensed medical doctor who has willingly consented to admit and treat the respondent.

Please note: During the examination at Athens Hospital, I was contained in the emergency room for the rest of the afternoon and evening of 04/27/2021. A hospital staff member attempted to provide some drug for a supposed bladder infection. I declined this drug because I knew that I did not have a bladder infection. The order to transport me to the Decatur-Morgan hospital apparently did not materialize until after 11:00pm. I do not know the name of the doctor that agreed to admit me to Decatur-Morgan hospital for the 10-day evaluation. Please also note that the resident psychiatrist neglected to evaluate me. Nor did the psychiatrist prescribe any anti-psychotic drug for the treatment of any noted mental illness.

         Sec. 22-52-9 Conduct of hearings.

(1)        22-52-9(1) states that I was to be present at all hearings unless it would be dangerous for me to do so due to serious physical or mental health.

Please note that while I was whisked away to Athens Hospital, my appointed attorney approved of and assisted with the order for Mental Evaluation as well as the Probable Cause order, etc.

(2)        22-52-9(2) said that I had the right to compel the attendance of any witnesses to offer evidence or testimony on my behalf, to cross-examine any witnesses, etc. The statute continues with a statement regarding the authority provided to my court appointed attorney: The attorney representing the respondent shall be vested with all of the rights of said respondent(s) during ALL of the hearings if the respondent is not present in court to exercise his rights.

Please note: This is a direct violation of my federal rights as a citizen of this country. Refer to the US Constitution Compulsory Process Clause as stated in the 6th Amendment. In reality, the Probate Judge ordered me to be taken and delivered to Athens Hospital for an evaluation prior to the filing of the Mental Health Evaluation order with the court at 4:30pm on 04/27/2021. It is not known to me who is responsible for making Alabama laws comply with federal laws. However, I do know that state laws MUST comply with federal laws. There was absolutely NO reason for me to be excluded from the order hearings, i.e., the Probable Cause order, the HIPAA Order in Commitment Proceeding, Order for Mental Evaluation, etc.

(3)        22-52-9(5) states that the rules of evidence applicable in other judicial proceedings in the state of Alabama shall be followed in ALL involuntary commitment proceedings.

Please note: I am not an attorney and do not understand the rules of evidence laws on hearsay enough to accuse Judge Woodroof of violating my civil rights when he asked me if I made the statements noted in the petition. However, the statements noted in the petition were recorded telephone messages to my son. My appointed attorney spoke out in the courtroom and objected with the word “hearsay.” [Rule 802]

 

These messages were made during intense incidents of domestic terrorism events from neighbors on my property. The message regarding the Drug Enforcement Administration (DEA) raid and the comment regarding $60 million worth of drugs that were seized was verbalized by one of my neighbors. At that time, I personally witnessed events that were occurring the night I believe the DEA raid took place. It was dark and I went to secure my chickens in the barn. I heard a serious commotion in the tree-line surrounding the block where I live. It sounded like a raid in the woods and fields surrounding Clements High School as well as the wooded area on the West side of Hampton Lane. I heard people shouting words like freeze, put your hands in the air, get down on your knees, etc. I also heard what sounded like police dogs barking and other people yelling, etc. I saw what looked like a man standing at the North back window at 16480 Hampton Lane. He appeared to be holding binoculars to his eyes. This event was disturbing and my son was the only family member I believed I could speak freely with. I expressed my alarm over the event that had occurred.

Refer to Alabama Rules of Evidence, Art. 8, Rule 803 Hearsay Exceptions:

“Advisory Committee’s Notes Paragraph (1).

Present sense impression. This paragraph, adopted without change from its federal counterpart, is commonly referred to as the “present sense impression exception.” The event and the statement that describes or explains the event must be substantially contemporaneous.”

 

With the information that I do have, it is my opinion that there is a huge problem with the way Limestone County officials conduct the Involuntary Commitment procedures and proceedings.

         Sec. 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition.

(1)        22-52-10.1(b) allows for the dismissal if the criteria for commitment is not proven. However, there is no restitution written in these statutes. Every process requires a “checks-and-balances” procedure. The Statute for Involuntary Commitment appears to have those checks-and-balances in written form. However, it is obvious to me that The Sheriff does not like to comply with their handbook, the County Commission does not like to comply with their handbook, the District Attorney does not like to comply with their handbook as prosecutorial discretion says it all. It definitely looks like the Probate Judge does not like to comply with the involuntary commitment statute. I am left with only one choice, file a civil lawsuit against the Limestone County officials that were involved in the injustices of this proceeding. It should not be solely my responsibility to prove in a court of law that the Alabama Statutes were illegally discharged.

Judge Woodroof proceeded with a Writ for Body, which is not specified in the Alabama Statutes. The Writ for Body was used as an Order to the Sheriff to take into custody Ms. Leone (McCafferrey), who is alleged to be mentally ill, and have her present before the Probate Court at 3:30pm.

However, at this time law enforcement officers were only authorized to transport someone in a mental health crisis if there was an immediate danger of them hurting themselves or others. There are some changes to the involuntary commitment laws based on House Bill 70, May 2022. However, Judge Woodroof would not have been exonerated. Nothing will exonerate the Sheriff’s department either. They knew that this Writ for Body document did not officially authorize them to break into my home, lay hands of my person, or authorize them to transport this plaintiff to the Probate courthouse. They knew that they were supposed to have the District Attorney’s office draft a legitimate document to be presented to the Limestone County Circuit Court. They knew that only a Circuit Court judge had the legal authority to have an individual “taken into custody” by law enforcement. [2924.44]

Denise McCafferrey, aka. Denise K. Leone, has never been diagnosed with a mental illness. The specific behavior, acts, attempts, or threats as outlined in the original probate case C3-062 is based solely on gossip, also known as hearsay. [Ala.R.Evid.802] Yelena V. Chistyakova did not conduct an interview with Ms. McCafferrey to ascertain her mental condition or prescribe any appropriate medication. However, noted on the Decatur Morgan Hospital’s discharge documents is a principal diagnosis of Schizoaffective Disorder, Bipolar Type. Dr. Chistyakova simply needed a billable International Classification of Diseases (ICD) code to bill this plaintiff’s insurance company for services she did not render. That, however, did not stop the doctor from charging this plaintiff’s insurance company for her so-called services, which is insurance fraud. This plaintiff did not provide the appropriate insurance information and does not know how it was obtained. [6-5-100, 6-5-101, 6-5-102, 6-5-103, 6-5-104]

Sec. 22-52-14 states: “In any commitment proceeding, the fees of any attorney appointed by the probate judge to act as advocate for the petition and any attorney or guardian-ad-litem appointed by the probate judge for the person sought to be committed shall be set at the rates established by Section 15-12-21; and any expert employed to offer expert testimony, in such amounts as found to be reasonable by the probate judge; and all other costs allowable by law shall be paid by the state general fund upon order of the probate judge; except, that if the petition is denied and the petitioner is not indigent and is not a law enforcement officer or other public official acting within the line and scope of his duties, all costs may be taxed against the petitioner, or if the petition is granted and the person sought to be committed is not indigent, the probate judge may order all costs paid from the estate of the person committed.” So, someone gets committed and the judge auctions off their property?

The laws are very specific with regards to payment liability. In accordance with this section on payment of costs, the attorney, guardian-ad-litem, and any expert providing testimony is to be paid out of the State General Fund upon the issuance of a Court Order. If the petition had been denied, all costs would have been charged against the petitioner, my son. The petitioner had not worked in years and depleted his Social Security account. The only employment he listed on Linkedin.com was a 6-month temporary assignment in 2013. I, myself, live on my Social Security benefits and a very small monthly pension. The entire cost of this proceeding was stolen from the Alabama General Fund. [13A-8-41]

Absolutely NO costs were to be charged to the respondent in this commitment proceedings. However, Athens and Decatur Hospital gained access to this plaintiff’s medical insurance and charged everything to Blue Cross/Blue Shield (BCBS) of Alabama. Decatur Hospital alone would have assessed charges to BCBS in the amount of $82,829.00 with a co-pay to this “pauper,” which would have been $15,750.00. I was never provided with documentation regarding both attorney’s fees or Gerald Wilhoite’s consulting fee. Again, this is fraud against the people of Alabama. [6-5-100, 6-5-101, 6-5-102, 6-5-103, 6-5-104]

Then comes Gerald K. Wilhoite, of North Alabama Court Consultant, LLC, with his own diagnosis. Mr. Wilhoite came to Decatur Morgan Hospital to conduct an interview with Ms. Leone (McCafferrey) on May 3, 2021. Mr. Wilhoite’s report to the Probate Court, states “After reviewing available medical records, after conducting a mental status examination, and after rehearsing the allegations in the petition with Ms. Leone (McCafferrey), this examiner’s diagnostic impressions are Unspecified Schizophrenia Spectrum and Other Psychotic Disorder and rule out Delusional Disorder, Unspecified.” This is defamation and this is fraud. [6-5-100, 6-5-101, 13A-11-163]

Without bona fide proof of an actual diagnosis by a qualified medical professional, everything Judge Woodroof did was an illegal act against a normal, healthy 68-year-old individual. Judge Woodroof is liable for damages due to the pain and suffering delivered out of his Order, i.e., damages to my property, public humiliation, taken into custody like a common criminal, guarded by Sheriff Deputies until the Court hearing, forceable incarceration for a period of ten (10) days, etc. Judge Woodroof broke the laws in accordance with Ala. Statute, Title 22, Ch. 52, Art. 1, Sec. 22-52-*.

This plaintiff is somewhat familiar with HIPAA law, the gatekeeper of medical records. The HIPAA order signed by Judge Woodroof was simply an attempt to obtain psychiatric information to indicate that this plaintiff DID have a mental illness. No one would be able to get this information without a subpoena, discovery request, or other lawful process that is NOT accompanied by an order from a higher court, i.e., Limestone County Circuit Court. The HIPAA order signed by Judge Woodroof is a bold, illegal attempt to obtain the cooperation of Decatur Morgan Hospital to authorize Emily D. Geary and Gerald K. Wilhoite access to medical documentation, which is not in accordance with this law.

The Probable Cause Order reflects that the hearing was conducted on April 27, 2021 at 4:30pm. It also states that the presence of the respondent is being “waived.” That the respondent was represented by Ms. Geary and the court-appointed guardian-ad-litem. Also in attendance at the probable cause hearing were Lemual E. Hanback and William G. Mathews. The order further states that this plaintiff and her guardian-ad-litem were served with Notice of Hearing and its purpose in advance, in order to prepare for said hearing. The Probable Cause Order also stated that this plaintiff was advised that she was represented by a guardian-ad-litem, but that she could procure an attorney of HER own choice. This is fraud, deceit, and suppression of material facts for sure. However, this could also be considered Robbery in the 1st degree, Criminal Coercion, Elder Abuse, Financial Exploitation, etc. [13A-8-41, 13A-6-25, 13A-6-195] 

Ms. Leone (McCafferrey) was not aware that the court had appointed a guardian-ad-litem. This plaintiff never heard or read any such statement. This plaintiff most DEFINITELY would have sought an experienced probate attorney, if given the opportunity. None of this was disclosed at all. Ms. Geary was appointed by Judge Woodroof without my knowledge or my consent. The fact that Ms. Geary neglected to consult with me prior to the hearing, spoke volumes to my mind. This plaintiff was removed from the courtroom and transported to Athens-Limestone Hospital for an emergency examination and was absolutely unaware of any additional proceedings. The Probable Cause Order also states that this plaintiff was represented by Ms. Geary, without my authorization. That Mr. Hanback called witnesses and they were examined by counsel and cross-examined by the guardian-ad-litem.

On 10/08/2023, I wrote to the FBI Field office in Birmingham and made the following statement:

There was something seriously improper with regards to the Involuntary Commitment proceedings at the Limestone County Probate Court. Once Judge Woodroof released me from the custody of his court, I contacted the Alabama Disabilities Advocacy Program (ADAP). Someone from ADAP mailed the Alabama Statutes that govern the commitment of mentally ill persons. It appeared to me that Judge Woodroof just about violated every section of this law. Prior to my release from Decatur Morgan Hospital, the staff placed another woman in the room with me. The couple of days that I spent with this woman caused me to think about my personal ordeal, i.e., I began to suspect that I was not his only victim.

 

The Alabama laws that Judge Woodroof violated are as follows:

1.   The Sheriff’s handbook states that if a Deputy has reasonable cause to believe that someone is mentally ill or likely to harm, the Deputy should contact the community health officer to come to the scene to assess the situation. Limestone County does not have a community or mental health officer. Some Alabama Counties do, but I was not able to identify ours.

2.   The petition was based on a couple of telephone calls and that is considered as hearsay evidence only. This is a violation of 22-52-1.2(a)(4).

3.   The petition should have been dismissed in accordance with 22-52-2(b).

4.   The Sheriff was supposed to serve the petition along with a notice of hearing date in accordance with 22-52-3.

5.   The petitioner wanted to have me confined. In that case the Judge should have adhered to 22-52-7, i.e., serve a copy of the petition on me and bring me to the Judge’s office for an interview, instanter. Judge Woodroof did not abide by this law either.

6.   In accordance with 22-52-4(a), the Judge should have appointed a guardian-ad-litem who should have conducted an interview in my home to determine whether or not I have the financial resources and mental capacity to secure an attorney on my own.

7.   The Judge does have the authority to appoint an attorney in support of a petition in accordance with 22-52-5. However, the petitioner has the right to hire his/her own attorney.

8.   The Judge did not have the legal authority to appoint my attorney unless I was too physically and/or mentally incapable of attending the hearings in accordance with 22-52-9(1). The Judge had to have had sufficient probable cause to believe that my presence would be dangerous to my health or that my conduct would disrupt the hearings, etc.

 

On 04/27/2021, I could have sworn that someone from the Sheriff’s department made a statement that “they” did not want me to leave the jurisdiction of the Court. The only way anyone could have known that I was intending to travel to Michigan to fetch my brother, is if someone actually heard me talking to him on the phone, from inside my home. The only people who would have “bugged” my home, would have been the vandals/torturers. I found some sort of a device on one of my windows. I then described it to my brother, who was a certified electrician. My brother told me that it was some sort of a RF-two-way-radio signal. Dennis told me that if the vandals/torturers could hear what was said inside my house, and I heard them making noise and talking, it had to be a two-way radio signal. The next thing I know, the Sheriff descended upon my home like locusts. However, they never served me with any documents on 04/27/2021.

 

This was all the proof that I needed to solidify in my own mind that the Sheriff’s department was involved with the vandalism/torture of this 20-30-mile-radius of Athens. I am also sure that I read in one of the County handbooks that the County Commissioner had to approve an involuntary commitment due to constraints in securing placement within a mental health facility, i.e., a bed had to be available. It was further noted that people with a mental illness could not be confined within a facility that housed criminals unless the incompetent committed a criminal act. Also, the Department of Mental Health should have been involved. However, I believe that would have taken the matter outside of Limestone County’s control.

 

It is my belief that the County Commission did the deed because they bear the financial responsibility for indigent health care. “The County Commission has the “jurisdiction, power, and authority necessary and proper for the relief and support of the poor of its county.” Ala. Code 38-8-1 on page 234 of Handbook for Alabama County Commissioners, Eleventh Edition, 2012. The only problem was that the County Commission did not want to pay the bill for each day that I was held in their custody. The hospital staff removed my insurance card and utilized its information to submit all of the expenses to my account with Blue Cross Blue Shield (BCBS) of Alabama.

 

The first Processed Claim Report that I received in the mail was dated 05/20/2021. The charge that was submitted to my insurance company was $8,282.90 per day. The payment Decatur Morgan Hospital would have received from BCBS would have been $5,901.57 per day. However, my copay would have been $1,575.00 for each day. To signify the magnitude of this fraud, a ten (10) day hospital stay would have amounted to a charge of $82,829.00. Decatur Morgan Hospital would have defrauded BCBS out of $59,015.70. I would be responsible to pay a co-pay of $15,750.00. Although, I was able to stop the payments to the hospital in 2021. It then became obvious that the County Commission did not intend to pay the bills because the hospital resubmitted the billing to BCBS in 2022. This is insurance fraud! This is negligence and irresponsibility on the part some of the Limestone County Government agencies.

 

Further proof, in my mind, was validated with the contents within the Handbook for Alabama Sheriffs, Seventh Edition, 2019, page 131. This would be Chapter VI, Juveniles and Incompetents, 2. Civil Commitments which states: “An alleged mentally ill person may be taken into temporary custody when law enforcement has reasonable cause to believe the person is mentally ill…The alleged mentally ill person is then taken to a mental health facility for diagnosis before being admitted to a mental health facility…This provision is not applicable to any county until the judge of probate, with the approval of the county commission, makes the finding that the facilities are available to the paying persons. If no facility is available in the county, the county may contract for beds in a state facility. Ala. Code 22-52-91, -92.”

 

The County could not accomplish this task on their own. So, did someone ask my son to do it for them? To me, that is a serious question as my relationship with my son has been irrevocably severed. What next? Has the county government decided to allow the vandals/torturers to continue to physically abuse a 20-30-mile-radius of Athens for longer than 8.2 years? To what end? My death? My need to enter a facility to be taken care of? Did the County Commission ask Home First Agency to oblige this horrific end to a productive citizen’s career? My egg ministry? This citizen’s life and property? I do wonder about the validity of that possibility! What would be worse is if they also enlisted the cooperation of state agencies as well as the Justices, etc. I cannot comprehend the motive for this type of atrocity.

 

         This was a blatant violation of the law which stripped this plaintiff of all of my constitutional rights as a citizen of this country. [US Constitution 1st Amendment, 6th Amendment, 14th Amendment, US Code, 2921.44, 18 U.S.C 241, 13A-6-192, 13A-6-20, 13A-6-25, 13A-6-26, 13A-11-163]

         In November 2021 I wrote and submitted a petition to expunge Probate Case C3-062. Judge Woodroof assigned the exact same case number to this new action. Judge Woodroof summarily dismissed my Petition for Expungement without a hearing. His case history references did not apply to his written statements. That means that the Probate Case C3-062 stands on my record and is accusatory in nature. I want this record expunged.

 

Limestone County Involuntary Commitment Process 2023 C3-125

Once again, any reasonable judge would want to have a clear understanding of the specific behavior, acts, attempts, or threats that would fit the profile of a mental illness. If the petitioner did not have sufficient detailed information that would indicate a specific mental illness, then the judge is responsible to make further inquiry in accordance with the Alabama Statutes. Once again, Judge Woodroof had absolutely no police reports regarding any public event with regards to Ms. McCafferrey, i.e., loss of consciousness that required medical attention, accidents while driving, unusual acts or threats, etc. What Judge Woodroof had was a Sheriff and County Commissioner with a document containing a former Court Consultant’s report from the 2021 probate case C3-062 and five (5) letters written by the respondent. The Sheriff also had a police report#2310-0369 for Harassment/Intimidation with the location listed as Field/Woods. The Sheriff also had investigatory notes from a member of his staff, which were not submitted with the petition to be made part of the public records. [22-52-1.1 through Sec. 22-52-14, 22-52-91] The judge violated all the same statutes he broke in 2021.

There was no Notice of Hearing served with sufficient time to seek an attorney of choice. I was in the Sheriff’s custody until the criminal case was dismissed on 11/15/2023. While in custody, both of my eyes sustained a rather serious injury beginning on 10/29/2023. Not only were my eyes blood-red but the extreme force of the dangerous instruments was pounding my head, neck, and entire body against the concrete accommodations. The temperature was freezing cold, I had nothing to lay on or a blanket to shield me from the cold. A corrections officer appeared to be highly concerned and offered medical assistance if I would accept it. However, that officer was told, via a broadcasted (speaker-phone) telephone conversation, that no medical aid was to be provided. A second corrections officer managed to involve some sort of a social worker who worked at the County Jail. Soon after 10/30/2023, that corrections officer moved me to a cell in Medical for “protective custody” purposes. [US Code, 2921.44, 13A-6-192, 13A-6-193, 13A-6-20, 13A-6-25]

Now, the petition and Item (4) of the involuntary commitment document states: Duchess Charette was appointed to my defense without my knowledge or consent. Possibly another assumption that I could not afford an attorney of choice. Emily D. Geary was appointed by this same judge to defend me in the C3-062 case in 2021. Once again, an attorney was appointed without my knowledge or consent.

Item (5) of the involuntary commitment petition indicates that I have the right to offer evidence on my behalf at the hearing. However, that right was not afforded me in this case either. Nor was I provided an opportunity to offer evidence on my behalf at the C3-062 Probable Cause hearing in 2021. Absolutely no notice was provided prior to this Probable Cause hearing either. In 2021, Ms. Geary pointed out that the evidence against me was strictly hearsay evidence. In case C3-125, sworn affidavits from two (2) children accused me of making threats to shoot at them while they were playing on a softball field. Here again, the affidavits were subject to the same Hearsay laws. [Ala.R.Evid.802]

Once again, a possible or suspected mental illness has never been established by a qualified mental health professional. I now have the understanding that we have a Mental Health Coordinator (MHC). However, MHC was not contacted because they never came to the County Jail to interview me. If they had, I am positive that they would have advised the Probate Court that I did not meet the criteria for institutional commitment. In fact, the Court would have been advised to dismiss the petition because I did not meet the criteria for outpatient treatment either. There were absolutely NO qualifying events to suspect a potential mental illness. There was no 72-hour hold and/or observation by a mental health professional that could establish and/or indicate any mental illness.

The psychiatric team from the Sanctuary at the Woodlands used a report from Gerald K. Wilhoit that was attached to the Involuntary Commitment Petition C3-125. That petition was submitted by the Limestone County Attorney, Andrew D. Dill and Sheriff Joshua McLaughlin was the Petitioner. Derrick Gaitlin, County Commissioner provided the five (5) letters as exhibits. The involuntary commitment petition was filed with the Probate Court on the morning of 11/15/2023 and the criminal case against me was dismissed the same day. The Sanctuary at the Woodlands was provided a copy of the petition in advance of the commitment hearing. Therefore, the psychiatric team believed that I was suffering from a “Schizoaffective Disorder, Bipolar Type; Insomnia due to Medical Disorder; Nonadherence to medication; and Paranoid Disorder” as documented in Mr. Wilhoite’s report dated 05/06/2021. This is why the facility force-fed me anti-psychotic drugs from the moment that I arrived at that facility. This was not the case at Decatur-Morgan Hospital in 2021 regarding case C3-062.

While incarcerated at the Sanctuary, I did fight back. I reminded the psychiatrist that Schizophrenia and Bipolar Disorder are usually diagnosed by the age of twenty-five (25). Apparently, the psychiatric team must have acknowledged the fact that I could not have developed schizophrenia or bipolar disorder at the age of seventy (70). My Probate case C3-125 was continued so that they could formulate a more appropriate diagnosis.

The psychiatric team at the Sanctuary settled with a diagnosis of Delusions of Persecution. I did ask the psychiatrist, Victor Englert, just who was persecuting who. The Sheriff and the County Commissioner believed that I was persecuting them with my letters. A sample of five (5) of my letters were provided as Exhibits in the Involuntary Commitment Petition C3-125. To which, Victor Englert determined that the statements I made in those letters appeared to be technologically improbable. After reexamining the five (5) letters included as exhibits, I identified the technology sectors in question and highly disagreed with Victor’s assessment.

Cathy George, LICSW, the declared Mental Health Coordinator and Probate Court Laison, first met with me on 11/23/2023. At that time, she provided me with a copy of The Mental Health Center of North Central Alabama’s privacy notice. Ms. George was reportedly the Court Laison for the last 4-5 years. I could not help but wonder why she did not conduct the mental health interview in 2021. Gerald Wilhoite’s report was a complete embarrassment as it was so confounded and poorly written.

On 11/27/2023, Tyler Newman, the Sanctuary’s social worker, told me that he had received an email informing him that my probate court case C3-125 had a continuance submitted to the court. The continuance was due to lack of diagnostic information from the psychiatric team. I was told that this meant that a written report had not been filed with the court.

I am not sure if Ms. George informed me that “they” wanted me committed to a state-run mental health facility on 11/23/2023 or if it was stated in the second interview. I assumed “they” meant Sheriff McLaughlin and Derrick Gatlin, the County Commissioner for my district. Ms. George stated that “they” specifically mentioned Bryce Mental Hospital. Ms. George stated that it would most probably be the Mary Harper facility. I now know that the Mary Harper Center is a geriatric psychiatry center. I sank into a temporary state of desolation and despair at that comment as I do not have dementia or Alzheimer’s. Things were really bad at the Sanctuary when that facility became overrun with patients who were suffering from those two diseases. One man got so upset that he beat the head and back of another man in a wheelchair. I was in distress and told some of the staff that I did not feel safe there. [42 U.S.C. 12101, 12 CFR 303.81, 14-11-11, 13A-6-25, 13A-6-192, 13A-6-193, 13A-6-193, 13A-6-26, 13A-8-41, 6-5-100, 6-5-101, 6-5-102, 6-5-103, 6-5-104, 13A-6-20, 13A-6-21]

Item (6) of the involuntary commitment petition states that, upon the hearing, the case could be dismissed or I could be committed to a state mental health facility. Once again, all involuntary commitment documents were filed with the court at 8:45am on 11/15/2023. The Probable Cause Order and Order for Mental Evaluation were filed with the court at 12:29pm on 11/15/2023. Refer to Ala. Statute, Title 22, Ch. 52, Art. 1, Sec. 22-52-1.2(a)(3) which indicates that it requires a reasonable belief that someone is mentally ill or mentally ill with a secondary diagnosis of co-occurring substance use disorder, i.e., like chronic depression that often co-occurs with drug abuse. Refer also to Ala. Statute, Title 22, Ch. 52, Art. 1, Sec. 22-52-1.2(a)(4) which states that the petitioner’s beliefs are based on specific behavior, acts, attempts, or threats, which are required to be described in detail.

This time, the Order for Mental Evaluation was accompanied with a Physician’s Order Sheet. Please note that this court, not a mental health expert, mandated medical instructions without an authentic diagnosis of a primary mental illness. The mental health facility was commanded: “Patient to be given Haldol 5mg if she refuses her Risperdal.” Both of these drugs are anti-psychotic drugs.

Sworn affidavits submitted to the court stated that I shouted vulgarities at children while they were on the practice fields without any further corroborating details. This constitutes hearsay evidence only. [Ala.R.Evid.802] Whoever I shouted at was on the other side of the tree-line, there was no direct line-of-sight, and they did not submit any public records to support the affidavit.

On 10/25/2023, these children made a false statement that they were playing specific positions on the actual ballfield at the time I shouted vulgarities at them. The ballfield in question is way-out at the Southeast back corner of my property lot. My house is located at the Northern middle portion of the lot. [Ala.R.Evid.802, 13A-11-163, 6-5-102, 6-5-103, 6-5-104]

On 10/25/2023, these children made false allegations that I demanded they get off of my property. The County records indicate that my lot is 4.38 acres. However, I always believed that my property line ended a couple of feet behind my recently amputated tree. [Ala.R.Evid.802, 13A-6-25, 13A-7-4, 13A-7-23, 13A-11-163] That tree is located in the far Southeast corner of my lot. The ballfield in question is located directly behind that amputated tree. Clint Legg actually asked the County Commissioner to remove the tree because it interfered with a light post for that ballfield.

On 10/25/2023, these children made a false allegation that I threatened to get my gun and start shooting at them. I was out on my back porch and heard people talking on the Northeast side of the tree-line and directly behind my house. When I thought these people may not be possible vandals, I told them that the area was not safe to play in due to the reckless gunowners next door to me. My gun remained in the house at all times and it would not occur to me to make a threat to retrieve it for any reason. I am not in the habit of taking my gun outside of the house and waving it around and making verbal threats to anyone. [Ala.R.Evid.802, 13A-11-163, 6-5-102, 6-5-103, 6-5-104]

On 10/25/2023, these children made a false allegation that I trespassed onto school property in my vehicle. My car never left my property. I actually spoke with a school official, I believed to be Bradley Young, and he casually walked onto my property from behind the ballfield’s fence in order to speak directly with me. [Ala.R.Evid.802, 13A-11-163, 6-5-102, 6-5-103, 6-5-104]

The affidavit from the one coach stated that I have shouted at them on numerous occasions but provided no qualifying details. Here again, this is strictly hearsay evidence with no supporting public documentation. [Ala.R.Evid.802] The coach also stated that sometimes I used obscene language while yelling at them. Jessica Wallace also stated on a sworn affidavit that she cancelled ball practice on 11/01/2023 due to the girls’ fearfulness and the potential threat that I posed to the children and staff. I was incarcerated in the Limestone County Jail from 10/27/2023 through 11/15/2023. I was still in police custody when the Sheriff deputies transported me to the Probate Courthouse for an Involuntary Commitment proceeding that day. I was not released from the probate court custody until 12/13/2023.

I remember only one time that I yelled with tears running down my face due to the repair costs to my lawn mower and all of the softballs responsible for the damages. I was inside of my house on 10/25/2023 when the ballgame actually commenced on the far Southeast ballfield. I never threatened to shoot my gun at any children, ever. I was already in the habit of offering a caution regarding the reckless gun owners that lived next door to me. Refer to the letter written to Linda Moore of Athens High School dated 01/21/2023. There was no ball game in progress at the time I attempted to discourage the would-be vandals on 10/25/2023.

The Sheriff and Probate Judge had me wrongfully incarcerated for forty-eight (48) days. I have never behaved in a terroristic manner my entire life. I maintained a Secret Clearance with the Department of Defense (DOD) for a number of years. Was investigated by the Department of Investigative Services (DIS) twice over my working career. I have been a God-fearing person for years and am a mother of two. I truly believed that these statements were made in an effort to preserve what was possibly an unauthorized and/or illegal Sportsplex.

My life has been devastated by this one single event that occurred on 10/25/2023. I was arrested on 10/27/2023. Personal property had been removed from my home and the Sheriff refused to return that property. I was told by the Sheriff that I could not have my gun back because I was going to be re-arrested on the Terrorist Threat criminal charge. On 12/23/2023, deputies told me that if I called them with a complaint, they were going to come to my house and arrest me. Apparently, they had obtained a second arrest warrant on 12/21/2023. In late December 2023, the Sheriff’s office contacted Duchess Charette, the appointed attorney for the probate case C3-125. Ms. Charette was asked to facilitate a peaceful surrender on 01/08/2024. However, that day came and went but no one from the Sheriff’s office came to get me. [13A-6-25, 13A-6-26, US Constitution, 2nd Amendment, 14th Amendment]

The only possible reason that I was not re-arrested on 01/08/2024, is that someone from the FBI at Birmingham may have interceded on my behalf. I had registered a complaint with the FBI regarding allegations of Public Corruption. Someone from that office called my home on 12/21/2023. They then conducted a telephone interview with me. I believe we were still communicating on Christmas Eve when I was told to try to enjoy the holiday.

In early February, I received a letter from a local attorney who expressed a desire to represent me in my current criminal case. Her letter was dated 02/04/2024 and absolutely came as a surprise. This attorney informed me that her associate noted that my arrest date was 01/26/2024 with a court hearing date set for 04/04/2024. She also discovered that the court had assigned an attorney to my case, Lesa Greene. Ms. Greene had been assigned to my criminal case in December 2023. When I pressed the corrections staff regarding a bail hearing, I discovered that they concealed the fact that they had received a court order for a $10,000 bond. I was crushed. [6-5-102, 6-5-103, 6-5-104, 12 CFR 303.81, 42 U.S.C. 12101, 18 U.S.C. 147, 42 U.S.C. 3631]  

The attorney, Sherry Phillips, told me that she spoke with the court clerk and was told that I was under Grand Jury indictment. The court wanted me to turn myself in. However, when Ms. Phillips attempted to review the case in the court system, there was no open case against me. She could only see the 11/15/2023 dismissed case. She then told me that she could not advise me to turn myself in because there was no documentation in which to warrant that type of action. I have been living with this uncertain future ever since. The 04/04/2024 supposed court date came and went but I never received any document from the Circuit Court Clerk’s office, i.e., notice to appear.

These children and the school’s staff may have another potential motive for making false statements on a sworn affidavit and in a court of law. Adults and children have been committing crimes against me, my animals, and my property since 08/03/2015. People have used the back ballfields to launch a 9-year long Domestic Terrorism campaign against me and my property. These deliberate acts of vandalism, torture, and terrorism were intended to force me off of my property. Please refer to Case#1-Complaint for Vandalism Damages. Also, refer to Case# 2-Complaint for Allegations of Public Corruption, Domestic Terrorism & Elder Abuse. People poisoned and killed one of my beloved dogs with tainted bologna that was tossed into my fenced-in dog yard. People entered my home while I was busy on my property. They laid rat poison on the floor between my washer and dryer. That is why I lost another one of my beloved dogs. People also got inside my home to place some sort of electronic device in one of my TV’s output ports. People broke the necks of some of my chickens and destroyed their habitat. Effective January 2021, people taunted me with applying some sort of device to my house that was intended to electrocute me. By December 2021, I was no longer physically able to perform my own personal business.

The following is an example of my-kind of specific behavior, acts, attempts, or threats. Even after being confronted with nine (9) years of brutality from vandals, domestic terrorism, torturers, criminal trespassers, and gunfire directly on my property:

·       On 01/18/2023, I asked Derrick Gatlin to find out why Athens High School students were coming to Clements’ ballfields when the Athens Sportsplex was closer to that school.

·       On 01/19/2023, I informed the Attorney General, Steve Marshall, that the residents at 16580 Hampton Lane were recklessly shooting their gun towards the tree-line and possibly endanger people at the Clements ballfields. I believed that vandals had renewed their interest in vandalizing my property again. I also knew that the vandals typically accessed my property from the school’s ballfields. I questioned the financial soundness for the County Commission to fund the building of a new Sportsplex and locate it directly behind residential properties.

·       On 01/21/2023, I informed Linda Moore that law enforcement has not been able or willing to secure the safety of the children at play on the Clements ballfields, i.e., I told her about the reckless gun owners at 16580 Hampton Lane.

·       On 02/07/2023, I informed Hal Taylor about the reckless gunfire that was usually aimed at the tree-line between our properties and the Clements High School. [36-22-3(4)]

·       On 02/09/2023, I contacted Mayor William Marks regarding the Sportsplex situation and informed him about the reckless gunfire aimed in the direction of Clements High School’s ballfields.

·       On 02/20/2023, I informed the Sheriff and District Attorney that the County Commission was building an unauthorized Sportsplex behind our homes.

·       On 03/12/2023, I contacted Sonny Brasfield of the County Commissions Association to solicit assistance regarding the unauthorized Clements Sportsplex. I informed him that we were in need of Public Transportation and that was more important than spending money on a second Sportsplex.

·       On 04/05/2023, I complained to Derrick Gatlin about children littering my property when they walked to the Clements High School; the concrete light posts left behind our homes; etc. I asked if the County Commission had a tool shed on the high school’s property. That someone working at that tool shed informed me that they were building a Sportsplex for the girls because the other Sportsplex was only for the boys. I also mentioned the destruction of a mature tree on my lot due to some convenience for a light post for the Clements Sportsplex.

·       On 04/24/2023, I complained to Deputy Gil Moore about the reckless gunfire and the amputated tree for what I thought was an illegal Sportsplex located directly behind residences. I was hoping for some support from within the Sheriff’s office. I told him about the criminal trespass issues.

·       On 04/24/2023, I complained to Derrick Gatlin about the oversized trash cart and how it should not be forced on the disabled and seniors. I told him that the drainage ditch was overgrown and I did not want to burn it away with gasoline like my neighbor. I told him about the neighbor hacking a tree on my property and laid it on my electrical lines. I told him that the Clements High School’s principal told me that he asked the County Commissioner to get rid of a tree within my property lot that was interfering with a light post for the Sportsplex. I also told him that the excessive water drainage has caused some flooding problems on my property.

·       On 04/28/2023, I complained to Christopher Blankinship about the killing of the local wildlife in tree lines around residential properties. I thought we no longer had a Game Warden authority. I told him about the illegal Sportsplex siphoning off funds from the Athens Sportsplex’s financials. I complained about the reckless gunfire. I told him that the area surrounding my house appeared to be blighted.

·       On 05/04/2023, I asked Steve Marshall to help remove the Sheriff, the DA, the County Commissioner, and Dean Johnson (DHR) from their positions due to the harassment, terrorization, vandalism, torture, reckless gunfire, etc.

·       Etcetera!

·       No witnesses or specific incidents were provided in the involuntary commitment petition, just a sampling of five (5) letters written by me. The following information represents my quest for justice:

-      52 letters to the Sheriff’s office in 2023 prior to arrest

-      7 letters to the District Attorney’s office in 2023 prior to arrest

-      11 letters to the County Commissions office in 2023 prior to arrest

-      2 letters to the Limestone County DHR office in 2023 prior to arrest

-      22 letters to the Alabama Attorney General in 2023 prior to arrest

-      16 letters to the Alabama Secretary of Law Enforcement in 2023 prior to arrest

-      5 letters to the FBI Headquarters in 2023 prior to arrest

-      9 letters to the Birmingham FBI office in 2023 prior to arrest

-      4 letters to the US Attorney General in 2023 prior to arrest

-      5 letters to the Elder Justice Coalition in 2023 prior to arrest

-      3 letters to the EPA Headquarters in 2023 prior to arrest

-      Other letters were written to various agencies in 2023 prior to my arrest

Many voice recordings have been compiled of the disturbances on my property. I have evidence that adults and children have conducted the domestic terrorism against me for the last nine (9) years. My trail cameras have recorded would-be vandals/trespassers talking on at least two (2) occasions. There are 162 voice recordings that have been compiled in 2022; 15 recordings in 2023; and 41 recordings in 2024. People have told me that they want me to move out of my house so that they can live in it. People have threatened to blow up propane tanks at Clements High School which would have resulted in my property’s destruction. People have threatened to break into my house, cut off one of my limbs, and beat me to death. Strip my body naked and toss it out into the front yard so that the other terrorists could spit and urinate on my dead body. Recently, someone said that they were going to kill me with my Bible, etc. [18 U.S.C. 247, 13A-6-28, 13A-10-15]

Once again, the people I yelled at were actually messing around directly behind my house, which is several feet away from any ballfield. The people I yelled at were hidden from view due to the tree-line between the two properties. Before I spoke one word, I stopped to listen for ballfield activity and heard nothing. When these people spoke to me, I became aware that these people may not actually be vandals. I softened my tone and cautioned these people that it was not safe to play behind my property or the property at 16580 Hampton Lane due to the reckless gun owners next door to me.

The only documentation Judge Woodroof could have had would have been comments recorded on police reports that alluded to a non-existent mental health history and/or illness. These police reports were written in the later part of 2023 without my knowledge or consent after every call that was a request for assistance from the Sheriff’s office. I wrote to Carlton Peeples of the FBI Field Office at Birmingham and Paul Abbate, FBI Deputy Director on 10/12/2023 regarding the following:

“Currently, I am in possession of several police reports that were initiated in the year 2023. What I received was mostly the first page of ten (10) separate reports written between January and September 2023. Some reports I did not ask for and did not know they existed. I only had records for seven (7) of the ten (10) police reports.”

[Refer to police reports that look like the deputies were building a mental health history against me: 2301-0190 01/16/2023; 2301-0228 01/18/2023; 2307-0040 07/14/2023; 2307-0409 07/29/2023; 2308-0477 08/30/2023; 2308-0522 Aug 2023; 2309-0296 09/22/2023; 2309-0378 09/27/2023; 2309-0380 09/28/2023; 2309-0415 09/29/2023 – most of the reports were only partial reports and the Sheriff’s office informed me that Sheriff McLaughlin said that I was not entitled to receive any more reports.]  

There was one incident that occurred on 07/10/2023 that is not included in the ten (10) police reports. On this day I walked out of my front door and ran into Sergeant Richard Clanton. Sergeant Clanton asked me if I would allow someone from DHR to come speak with me. When Sergeant Clanton told me that DHR wanted to examine me, I said no. He told me that there would be no need for her to go inside my house, she could examine me on my porch. I asked him why he was there and he said that DHR was afraid to talk to me alone. That was it, end of conversation. I went inside my house and he left his card on my front porch. Refer to Public Corruption Case# 2. I could not help but think that DHR was at my house to validate the injuries that I wrote about in many of my letters. There have been many deputies over the last couple of years that I showed my injuries to. I saw the looks on their faces and it was obvious that they knew that what I told them was the truth.

 

I had a man come to my home the morning of 12/12/2021 who quietly walked up my disability ramp. I yelled out that I would be right there, but something made me sit back down and watch the window. This man quietly walked back down my ramp but when he passed my window, I could see a gun in his right hand. I reported the incident to Jason Black because we were having an email discussion at that time. Jason told me that he was going to talk to the Sheriff and the District Attorney (DA) after he asked me if I was alright. Jason did not get back to me to inform me of the results of his conversation with the Sheriff or DA. Jason did not return any of my queries after that date. Yes, I did provide a description of the man with the gun. All I could provide was approximate height, weight, the color of his jacket, and pants. I also emailed the incident information to my Aunt and Uncle in Michigan.

 

Now, in 2023 the police reports have made reference to Mental Health Issues in at least two (2) of the police reports. I do not have any narratives or partial narratives for six (6) of the ten (10) police reports. DHR has absolutely zero (0) records of any Mental Health Issues to my knowledge. It would be suicidal for Dean Johnson to pursue the matter after he agreed to stop the harassment a few years ago. Oh, wait! I had to write Dean Johnson a letter on 07/10/2023 when Sergeant Richard Clanton asked me if I would speak to a woman from DHR on that day. I honestly thought she would not return after I shut the door in her face in February 2021, I believe. DHR came to my door yet another time when the vandals/torturers damaged my HVAC system and/or drained the system of most to all of the refrigerant.

 

Why are the Deputies making remarks regarding my alleged Mental Health issues? They should all know that the Involuntary Commitment charges were dismissed on 05/06/2021. The Probate case# C3-062 was dismissed 05/06/2021 as the burden of proof required for both inpatient and outpatient treatment “had not been met.” Is the Sheriff’s department attempting to build a Mental Illness case against me so that they can have me committed because my son failed to accomplish that? If so, why? First, they throw me to the vandals/torturers for eight (8) years. They allowed the criminals to utterly destroy my home and cripple my body. Now, they are writing many reports and utilizing every opportunity to insinuate a mental illness. The involuntary commitment case C3-125 was dismissed on 12/13/2023 for the exact same reason as C3-062. The burden of proof had not been met.

Three (3) police reports document Criminal Trespass and Criminal Mischief, which should have been documented many times beginning on 08/03/2015. One (1) police report documents a Theft for less than $500, which also should have been documented many times since August 2015. Harassment and/or intimidation should have been documented many, many times after 2016. The vandals/torturers did extensive damage to my roof that it had to be completely replaced in 2017. Suspicious persons and/or vehicles should have been thoroughly documented beginning August 2015. The only issue that NEVER should have been documented is UNFOUNDED dispositions. Everything I reported to the Sheriff’s department should have been forwarded to the Court. Wait! The DA declined to prosecute in 2015 and again in 2016. I cannot help but question exactly what is going on with the Sheriff’s office where Denise McCafferrey is concerned! If it can happen to one senior citizen, no one is safe. [13A-7-4, 13A-7-23, 13A-6-25, 13A-6-192, etc]

 

         Although I have not yet submitted a Petition to Expunge Probate Case C3-125, I want this record expunged based on the testimony of Cathy George, the Mental Health Coordinator for this court’s jurisdiction. If Ms. George had been consulted from the beginning, she would have informed the judge that I did not meet the criteria for commitment and recommended dismissal of the petition without further court action.

 

STATEMENT OF FACTS:

 

            I have made many requests for an investigation into the harassment, vandalism, torture, murder of my animals, domestic terrorism activities, etc. Three separate agencies have conducted telephone interviews with me. However, it does not appear that any of those agencies are willing and/or able to end the criminal activity or the public corruption that began on 08/03/2015. These letters began in December 2021.

         It is imperative that the Sheriff’s department acknowledge the damages to my home to be the direct result of criminal trespass, vandalism, criminal mischief, robbery in the 1st degree, etc. These vandals/terrorists destroyed my home’s foundation, removed the frame and Integrated Seismic System that will most likely cost in excess of $150,000. The home will have to be removed from its place to make the repairs. My insurance will not pay on a claim of vandalism without a corroborating police report that specifically states vandalism. One of my neighbors committed crimes of attempted murder, public lewdness, reckless endangerment with a firearm, damage to property with a firearm, etc. On 10/14/2023 I wrote a letter to the Sheriff’s office regarding incident# 2308-0522 regarding indecent exposure. The deputy coded the police report as “10-1038,” Suspicious person/vehicle. These same men ran a torture device directed at my house in 2022 and deliberately told me that they were doing it so they could kill me. There is no police report, i.e., public record to prove that incident. [13A-7-4, 13A-12-130, 13A-4-2(a)(d)(1)]

         Blake Golden, resident at 16580 Hampton Lane, and members of his family murdered my beloved dogs and/or some of my chickens. This family committed crimes of animal cruelty and attempted murder by Pit Bull, but there is no public record of that incident either. This family attempted to cause a dog to attack another human being with intent to do bodily harm and/or death on at least two (2) occasions. [13A-4-2(a)(d)(1)]

         So-called neighbors have utilized unknown devices to (1) attempt and/or imitate rape and sodomy with a dangerous instrument with the specific intent to murder another person; (2) attempted to cause my home to be moved off of the retaining wall to cause structural damages; (3) maim and cripple a disabled senior citizen; threatened to break into my home to cut off one of my limbs to beat me to death with it, strip my body naked, and toss my body into the yard for public desecration; etc. These same people threatened to cause an explosion of propane tanks at Clements High School before they were officially installed and functioning. These people will not stop until law enforcement stops them or they cause my death and/or the death of others. The problem with that is Limestone County has a coroner that will mark someone’s death certificate with whatever the Sheriff’s office tells him. [13A-6-63, 13A-10-15, 13A-4-2(a)(d)(1), 13A-4-2(a)(d)(2), 13A-4-2(a)(d)(3), 13A-6-192, 13A-6-193, 13A-6-25]

Steps are being skipped and the involuntary commitment process is moved directly to a Probable Cause hearing without a qualifying event or the advice of the Mental Health Coordinator. Colbert County does not interpret the state laws in the same manner that Limestone County does. Colbert County utilizes a mental health officer but Limestone County does not. Colbert County’s mental health officers always meet with people to make a realistic assessment as to whether or not intervention is required or desired. Limestone County appears to utilize their process to rid the County of unwanted citizens.

The County Commission is obligated to meet certain needs of the indigent. However, these funds have been wasted on paying for commitment evaluations needlessly. My evaluation probably cost over $8,000 per day for a total of 29-days. The commitment evaluation in 2023 most probably cost over $240,000. The first commitment evaluation in 2021 cost probably more than the $82,829 that I estimated.

These actions rob the State’s General Fund and the Indigent that could really use some help. The poor cannot afford to hire an attorney to assist with an attempt to, or proceed with or on legitimate concerns for a family matter. My son is indigent and could not have afforded to pay for the services of his attorney in 2021. However, the state should not have had to pay for the attorney that represented him either. We have no real public transportation to speak of and the County Commission should concern itself on those types of issues. 

  

REQUESTED ACTION

 

I, Denise K. McCafferrey, hereby request that the Probate Court issue an order to expunge Case# C3-062 from 2021 and Case# C3-125 from 2023.

I hereby request that Judge Charles C. Woodroof assume responsibility for the CT Head Scan, blood test for illegal drugs, EKG, and urinalysis at Athens Hospital in 2021. That Judge Woodroof be held accountable for the 2023 Physicians order regarding the use of anti-psychotic drugs along with the mis-diagnosis recorded on Gerald K. Wilhoite’s report attached to Case# C3-062 and C3-125. Mr. Wilhoite’s report included a false and misleading statement that Dr. Yelena Chistyakova made a diagnosis of Schizoaffective Disorder, Bipolar Type. Dr. Chistyakova never prescribed any medication for a mental illness because she could not admit to me that I did have any such illness. That this false and misleading statement led to this victim being force-fed anti-psychotic drugs. That the psychiatric team at the Sanctuary at the Woodlands in Cullman, Alabama were confronted by me regarding their assumed diagnosis. That Schizophrenia and Bipolar disorders are usually diagnosed by the age of twenty-five (25) and could not have developed at the age of seventy (70). That Judge Woodroof issue an order to pay Denise Karen McCafferrey restitution in the amount of $1,000,000.00 for these grievous errors in judicial judgment and misconduct.

I hereby request the Court to issue an order to Dan Williams, the Director of the Alabama Department of Human Resources, to investigate the commitments of other individuals that were victimized by the commitment proceedings in Limestone County Probate Court and/or the Sheriff’s Department. This is to include involuntary commitments and/or so-called HIPAA orders for mental evaluations at a mental health facility or hospital where there was no actual qualifying event to perform said evaluation and/or tests. The release of any and all medical information is unlawful unless authorized by discovery subpoena from a superior court, the person’s personal representative, or authorization by the United States Department of Health & Human Services.

I hereby request that the Limestone County Probate Judge conform to the Alabama statutes, 22-52-*, that govern this commitment of mentally ill persons. To make full use of our Mental Health Coordinator’s office to prevent future violations of the rights of its citizens.

 

This report was posted on Ripoff Report on 09/04/2024 08:09 AM and is a permanent record located here: https://www.ripoffreport.com/report/joshua-mclaughlin-sheriff/athens-alabama-filed-petition-1534087. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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