THEY'LL NEVER CONVICT YOU
GUILTY UNTIL PROVEN INNOCENT
A STARTLING
SENTENCING
What Really Happened
This story begins when Andy and his attorney friend John White received letters from Thomas "Hammer" Gerry. Hammer, a mutual friend, was soon to be released from Texas State Prison after having served fifteen years. He had no money, no shelter, no vehicle and no job. Also, and most importantly, he needed their counsel concerning his struggle to stay clear of a life of drugs. Andy and John agreed to do what they could to help a friend through such formidable times.
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Upon Hammer's release from prison, Andy provided him with employment doing odd jobs at his mother's home in East Texas and maintaining the grounds at his two clubs and home. Andy also supplied Hammer with a used truck and shelter at his pool house. Meanwhile, John provided rigorous counseling in an attempt to ease his transition back to life outside of prison.
About a year later, Hammer informed Andy that he was going to move out of the pool house and return to his ways of old. Andy and John desperately attempted to persuade him otherwise, but their words fell on deaf ears. They simply did not want him to see him throw his life away again. Shortly thereafter, he was gone.
Occasionally, the three would meet for lunch or have a barbecue as Texans often do. Everything seemed to be doing just fine. Hammer had started a construction company and Andy hired him to do various projects. Unfortunately, some things did not add up. Hammer was suddenly flush with cash. He was buying expensive vehicles and such that an honest working man could not afford in such short order. It was becoming painfully obvious that Hammer had gone back to dealing drugs
Then, one peaceful, quiet morning at 4:30 Andy's home was attacked. A tactical team broke windows, threw in flashbang concussion grenades, and blew the front door off its hinges. They handcuffed Andy, his wife, two daughters and son-in-law. All were dragged agressively from their home at gun point. No explanation was given. Surrounded by over thirty DEA and IRS agents,
How the Trial Went Wrong
The charges were "conspiracy to possess and distribute methamphetamines". Why would an intelligent, successful, religious family-oriented businessman get involved in drug trafficking? Furthermore, where was the proof?
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After passing a polygraph by an incredibly wide margin, Andy was granted a hearing to be released on bond. Emboldened by a polygraph examination, sworn affidavits of innocence and fifteen or so character witnesses testifying on his behalf, his attorney Kirk Lechtenberger presented the case for a justification of bond before magistrate Judge Balile.
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The testimonies and evidence of innocence were overwhelming. In a vain effort to keep Andy in the custody of the U.S. Marshals, the Assistant District Attorneys called to the stand DEA agent Robertson. Upon Kirk Lechtenberger's cross examination, he asked Agent Robertson, "Did you know that Mr. Anderson had passed a polygraph and that it is out of character for Mr. Anderson to have been involved in drugs?" He replied, "Yes. That is what I was told. But, I don't care. I was told he was a drug dealer and to arrest him. So, we did."
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Judge Balile, having considered Andy's polygraph, his business ethics, the testimonies, and compounded with the daftness of Agent Robertson's responses, granted Andy bond, free of the customary ankle monitor and house arrest.
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​Andy was released but still didn't know what evidence the U.S. Attorney General's office had against him. To his shock and amazement, the only thing they could produce were cell phone text messages . . . fabricated cell phone text messages.
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Andy was dumbfounded. How? Who? Why? His attorney acquired copies of the text message conversations that Andy and Hammer allegedly had. They were undeniably counterfeit. It now began to seem as if some malevolent storm of damnation was swirling over his head. Nonetheless, hope remained because this is America, where truth and justice reigns supreme.
Game Over, Almost
The amount of key elements that were removed from the court transcripts is so astounding that it would be unbelievable if an innocent man wasn't sitting in prison for them. Amid the dialogue that was deleted was Task Force Agent Kevin Brown's answer during cross examination, "as far as we are concerned at DEA, Mr. Anderson had nothing to do with drugs."
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That statement was redacted from the court transcript; however, it appears in seven other instances throughout the transcript. Lechtenberger, Schattman and even Judge McBryde referred to it. McBryde stated, "I don't recall his exact testimony, but maybe that's not what he meant." That statement was in the transcript from the judge himself!
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Andy was granted an evidentiary hearing in which witnesses attested to hearing what had been redacted and McBryde's answer was that "Anderson's witnesses either lied or purposefully misinterpreted what they heard in trial."
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​Cardinally astounding was what McBryde said during his sentencing that, "there is no evidence, but I view his role to be about co-extensive with Mr. Gerry." In justifying the amount of time he sentenced Andy to, devoid of a criminal record or any involvement with drugs whatsoever was, "of course, this defendant doesn't have that background. A difference that works against this defendant."
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​He goes on to further justify his disdain by scornfully remarking that "this defendant to this day hasn't acknowledged what he did. The only thing he's willing to acknowledge is being friends with Mr. Gerry and providing support for Mr. Gerry. He hasn't shown any remorse whatsoever for his true conduct."
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This was conduct that even he admitted there was no evidence. Who knows, perhaps Judge McBryde possesses a clairvoyance that we mere mortals do not readily understand. What are we to do when the judicial system begins to punish the innocent along with the guilty?
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