Prosecutor, judge jam uppity black into trial for not plea bargaining in iffy case
Henry County, Ga., judge Bailey denies claim that lack of sworn complaint in loitering case gives court no subject matter jurisdiction; irregularities bristle in case against TN man
A Henry County, Ga., prosecutor is proceeding to trial against a Tennessee truck driver who has bitterly complained about malicious prosecution under a judge who seemingly has no subject manager jurisdiction, ordinarily a fatal defect in any court case.
Pam Bettis of the Henry Count, Ga., solicitor’s office is taking Michael James of Chattanooga to trial Monday after Judge Ralph Bailey ordered dismissal of his privately paid attorney.
Mr. James, who has defended himself pro se much of the time in a two-year prosecution, has had two attorneys, the last being LeeAnne Lynch of Decatur. Mrs. Lynch has disagreed with the theory of the case, has refused to pursue discovery and to secure evidence needed for discovery, according to copies of email correspondence. She has rejected Mr. James’s role as principal and has insisted on being in charge of his defense.
A judge may remove an attorney for cause, such as the attorney’s objection to a request she commit an illegal act. Mrs. Lynch requested removal apart from such requirements, and Judge Bailey granted her wish in a hearing without regard to controls deemed sufficient to warrant removal.
The Oct. 9 order leaves Mr. James defenseless on the day of trial.
But when, exactly, is the jury trial? This reporter and his radio business have a stake in some of the thorns and blisters projecting out of the case.
One is the seeming abuse of a radio reporter who is a witness. Christopher Sapp is midstate bureau chief for Eagle Radio Network that has covered Mr. James’ experiences dealing with police and judicial miscreancy.
“What you got here is corruption — conspiracy, that’s exactly what it is,” Mr. James said in a phone interview. “No evidence whatsoever of a Georgia separation notice. [The officer] never asked for any documentation, he never seen anything showing that I was fired or warned for criminal trespass. The prosecutor — there’s still no sworn, injured living soul. There’s no one [making an] accusation that I harmed or injured them. That’s one of the essential elements of a crime.”
Said Mr. Sapp, “I thought [Mr. James] had already obtained a copy of the 911 call from Keisha [McCoy, a company employee whose call started the case]. But now Trautz is saying they don’t have it. Is Trautz lying to the court, hiding evidence, or did they allow spoliation to happen to exculpatory evidence?”
In investigating Henry County doings, Mr. Sapp has done forensics on the video purportedly showing Mr. James acting in a way to warrant a loitering charge under the criminal law Ga. St. 16-11-36(b). At the time the charges were generated, Mr. James was an employee of Cargo Solutions based in California with a facility in Henry County. The loitering and prowling law requires a suspected person be given a chance to explain his doings before any criminal case is sworn into existence.
Mr. Sapp says video from solicitor Bettis has gaps. That would be a violation of the so-called Brady rule requiring Mrs. Bettis to supply all evidence, even if exculpatory. Tampering with evidence is strictly forbidden.
Attempts to reach Mrs. Bettis today were unsuccessful. Also unavailable is her fellow prosecutor Dustin Trautz. The Georgia attorney general’s office, sought for comment about prosecutorial conduct, has not answered its phone for two days. AG PR representative Kara Murray did not returned calls for comment. Repeated efforts today to learn the trial date and time from court assistant Melina Coello serving Judge Bailey were were unsuccessful at press time.
Inquiries to Henry County board of commissioners chairwoman Carlotta Herrell and Henry County NAACP president Candace Walker were not returned before close of business today.
Watchdog asks for case filings
This reporter explained to investigator Jonathan McFarland of Judicial Qualifications Commissions of Georgia the radio station’s connection to Mr. James. The truck driver is a stand-out African-American who is trying to live out the American promise of constitutional liberties as a belligerent claimant in person. His ordeal in instant case makes him newsworthy.
The JQC has created a case number, 25-1662, from my inquiry sent to its main e-mail. Mr. McFarland explained how I could file documents at the JQC Web portal or through a dropsite if the files were large.
Mr. James said he has filed at least 15 documents in the case demanding dismissal. Mr. McFarland asked to see those that best help investigators determine of Judge Bailey is violating the constittion and criminal procedure.
Rules require judge to be fair
The crux of the case is whether Mr. James had privity at the time Ms. McCoy made the 911 call on the alleged prowling or trespass. An employee has privity; a fired employee privity has none. If Mr. James had privity with the employer — the case appears unable to stand as a matter of law. The issue is how Mr. James obtained access to the terminal facility. He used his gate access code July 9 and 10, 2023, as a driver who was waiting for a repair on his rig.
The controlling judicial regulations for Judge Bailey are Rule 2.2, “Judges shall dispose of all judicial matters fairly, promptly, and efficiently,” and Rule 2.3, “A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment.” The Georgia rules are thinly written and discuss prejudice and bias as technical errors, not degenerate moral evils. Reporting on the case strongly suggests Judge Bailey is beyond the rules’ acquiescence that a “judge sometimes may make good-faith errors of fact or law.”
The sum of the irregularities that the judge has accepted is that he has no subject matter jurisdiction jurisdiction because of the insufficiency of the charging instrument, there being no sworn complaint, the abuse of releasing attorney Lynch apart from the limits permitting her to abandon her client just before trial and the refusal to schedule the trial in service to jurors and the accused and his party.
13 irregularities
In my demand letter to the Georgia qualifications commission I propose 13 aberrations in Judge Bailey’s court.
We are covering this story in detail. The matter of immediate concern is abuse of my Eagle Radio midstate bureau chief, Christopher Sapp, who is a defense witness. He’s being told he has to be available and make appearance every day in the court, starting Monday Oct. 20.
This treatment of a defendant, and forcing his witness to wait in McDonough as much as a week appears exquisitely prejudicial to Mr. James.
Apparent in this case are the judge’s injection and acceptance of legal irregularities --
Insufficient charging instrument. Without a sworn complaint from man or woman under oath, there is not sufficiency to bring the cause before the court.
Brady violations by Bettis and Trautz of which Judge Bailey is aware.
Denial of Brady discovery of which the judge is aware, despite demands by James and his attorney
Perjury by Keisha McCoy, an employee who launched the grievance against Mr. James, who is not authorized to speak on behalf of a corporation.
Interference with contract with attorney LeeAnn Lynch. Judge Bailey released her from service to Mr. James, who paid her F$3,500 to cover through trial. His order prejudices Mr. James and strips him of right to counsel of his choice.
Violation of Ga. St. 16-11-36(b), for Mr. James was not interviewed by the officer pursuant to that law, and Judge Bailey ignores this due process objection as basis for summary dismissal.
Mr. James had privity with the company, and prosecution appears improper. He had not been fired. There is no paper documentation of his being terminated Ga. codified statute title 34, chapter 8, sec. 190(a) and (c).
Bailey set a trial date knowing Mr. James is not ready. From what I hear, the judge is telling Mr. James and my bureau chief Sapp they have to sit in the courtroom all week until called. This protocol is designed to wear down a defendant and his party. If either party steps out, Bettis will call the case and James and Sapp will be Pearl Harbored. This case represents vindictive prosecution to which Judge Bailey appears indifferent.
Violation of speedy trial rights
Mr. James, an intelligent African-American, has had to make 9 trips to McDonough. Mr. Sapp, my reporter and a Mike James Witness, has made 5 trips. Mr. James has put forth many elements of his defense pro se.
Mr. James spent 46 hours in Catoosa County jail, and 10 hours in Henry County jail as result of this misbegotten prosecution of an innocent man.
An EEOC finding is that Cargo Solutions Express Inc. Sept. 3, 2024, concluded that the company had retaliated in violation of Title 7 of the civil rights act of 1964.
The senior attorney with authority to speak for the company offered Mr. James $10,000 to settle his EEOC claim.
“Mr. James, My client is willing to pay you $10,000 to avoid any further legal cost for settling all of your disputes. Let me know if that is acceptable to you.”
This is the company attorney Mandeep Rupal in Corona, Calif., indicating on Sept. 20, 2024, Mr. James had done nothing wrong. Another attorney said if Mr. James accepted $5,000 Cargo Solutions would drop the bogus criminal case in Henry County. These tit-for-tats smack of extortion.
The original officer colluded with superiors to fabricate criminal charges where no crime had taken place and the state has since doubled down on the malicious prosecution and dilatory tactics in order to coerce a plea to avoid county civil liability -- an abuse of process under color of authority, color of law and color of office.
These points are the sum of our reporting. Judge Bailey has no subject matter jurisdiction or in personam jurisdiction from the get-go. In amity with his familiars, Bettis and Trautz, he is willing to let them coerce Mr. James into a plea bargain or, as Mr. James puts it, “railroad me into a trial.”
I request comment from your department about what I am reporting. Our airing of this dirty laundry and this demand letter should prompt your department to make immediate inquiries about Judge Bailey’s maladministration. He is threatening to tie up my radio station chief for many days and abuse a fellow Tennessean in a degenerate and vindictive scheme a good judge would absolutely forbid.
It will “take quite awhile” for a complaint to go through the JQC because a grievance goes through several sets of hands, Mr. McFarland said. The complaint doesn’t need to cite the law or the legal ethics rules, he said.
“Whatever information ya’ll can provide,” he said, “concerning the behavior that you think violates the code, whatever you think the judge is doing that you think is a violation of the code, ultimately that’s what we’re gonna need to get started on it and to figure out what complaint it is.”
This Fraud and Void case was announced "Nolle Prosequi" by the solicitor prosecutor once my name was called on October 20, 2025 there was no jury trial.
The warrant and criminal charge were conspired and fabricated with False statements, Perjury, No victim, No witness or witnesses with any personal first-hand knowledge, just coerced fabricated BULLSHIT hearsay by civilian employee and several state actors Henry County, Ga officials in conspiracy and corruption.
you are right they are seeking ANY conviction so they can get immunity, or at least claim it. Fortunately in my case I am able to pursue state law torts which have no immunity. But the saddest thing in the world is that criminals believe themselves above the law, while accusing people who read and follow the law of criminal behavior.