MY STORY
My name is Calvin D Higdon; I am a disabled Veteran 63 years old who served my country with honor. I live on a war-time pension (fixed income). I live in Adams County Indiana. I am a lifetime member of the DAV, The VFW and the American Legion.
On June 6th 2014 I had a person staying with me because of my medical condition I cannot live alone. I receive aid & attendance because I need help to live. This person would have been homeless and I have known this person over 30 years.
This person was released from prison in January 2014 and had no place to live and she was on parole. I gave her a place to stay as long as she did not break any laws or cause me trouble and help me around the house and help me drive. I even paid her.
On June 6th 2014 I asked her to leave my home because she was shoplifting from the local stores and taking my medications. She begin loading up belongings that belonged to me. I called 911 for some kind of assistance to have her removed.
The police arrived all I asked was for them to remove her, and while she was moving she told them I had some marijuana in my kitchen. I was not a-where of this what-so-ever. I was handcuffed and taken to jail. My house was searched where she told them it was located.
After she told them there was pot and where it was located they begin searching for the marijuana. I was told not to move and I was not free to move about my house. I was questioned and my rights were not read until 1 hr after I was taken to jail. I have been charged with a class D felony for possession. This was an illegal search and seizure if there ever was one ending in a false and fictitious arrest I was told I had no constitutional rights.
With-in 10 minutes after she told them I had marijuana she then told the officer the truth and told him it was hers, they ignored her because they were determined to arrest me for what-ever they could this was out of retaliation for a suite I had filed against another police department in 2004.
I have been given a court appointed Attorney and since June I have asked this Attorney to file motions and begin to fight. I begin to do a search on this Attorney and have found out he was suspended for doing some bad things by the Indiana judiciary committee and he is very incompetent. He seems to be working for the prosecutor instead of doing his job
In the mean time this person (still being homeless) and on parole came back to stay with me I just couldn't let somebody starve and be homeless if I could help, I also wanted her around to tell the truth which she has. I know this sounds crazy but I told her to tell the police the truth and I would forgive her.
She signed a notarized statement that said she was mad at me (enclosed) and the marijuana was hers, she also said she never gave anybody permission to search my house or anything. I have these statements also written by her in her own handwriting which is also notarized.
Next I went to this Attorney and showed him her statements, I then took her to court to speak to this Attorney where she told him the marijuana was hers and she was sorry, she told him she would testify to these facts even though it meant going back to prison on a parole violation she just wanted to set the record straight. This Attorney said he needed to do a deposition on her and she agreed she would. He then told me he would talk to the Prosecutor and see if she would maybe drop charges he does not return any phone calls or answer any e-mails.
The Prosecutor offered me a plea bargain if I pleaded guilty I would be sentenced to 3 years in prison for less then an ounce of pot. That is a death sentience. I am on a daily menu of 24 pills a day to keep me alive from the VA hospital.
I fired this attorney and was given another, this one is not much better. He has done nothing and I have sent him several registered letters and many e-mails asking for him to do something to defend me.
The Judge has told me I am not allowed to file any motions in this court. I am not allowed to defend myself in any way. I can't see how a judge can tell a defendant that he is not allowed to take part in his own defense in any way.
March 4th is the dead line for pretrial motions to be filed and the trial is in April.
I have asked this Attorney over and over to do depositions on the 2 cops and the other states witness that told them where the pot was hidden. My constitutional rights have been violated and it was an illegal search and seizure.
All this Attorney has to do is the deposition and file the right motions but he does nothing. I am at a loss. I can't pay for a Attorney and I can't file any motions in my defense and the time will run out soon. These people are attempting to rail-road me to prison and to my death. With out medical care that I am now getting I would die with in a month.
If I am convicted and incarcerated I lose my pension my home and my car, in other words everything I own I will become a homeless Veteran.
The woman has since done a deposition under oath and took full responsibility for her actions, I was not allowed to attend and they went to the jail in a attempt to get her to change her story. She has now been charged with this crime and false reporting, they gave her 45 days.
I was not guilty and the police knew this before they ever took me to jail, they done everything they could to kill me.
I have had these charges dismissed and now on May 12th 2015 I have filed a 1983 civil rights claim in Federal Court.
This is how they really thank you for your service. Can you imagine I was drafted into the United States Army and I did not run to Canada I went into the Army. I paid the price for yours and mine constitutional rights. I am now fighting again for those right and I will not back up and I will not back off.
I am perusing this case pro-sea because I have not found 1 local Attorney willing to help. If there is any Attorney qualified to go into Federal court and handle this case contact me. If not I will do as I have always done fight like hell for my rights!
My name is Calvin D Higdon; I am a disabled Veteran 63 years old who served my country with honor. I live on a war-time pension (fixed income). I live in Adams County Indiana. I am a lifetime member of the DAV, The VFW and the American Legion.
On June 6th 2014 I had a person staying with me because of my medical condition I cannot live alone. I receive aid & attendance because I need help to live. This person would have been homeless and I have known this person over 30 years.
This person was released from prison in January 2014 and had no place to live and she was on parole. I gave her a place to stay as long as she did not break any laws or cause me trouble and help me around the house and help me drive. I even paid her.
On June 6th 2014 I asked her to leave my home because she was shoplifting from the local stores and taking my medications. She begin loading up belongings that belonged to me. I called 911 for some kind of assistance to have her removed.
The police arrived all I asked was for them to remove her, and while she was moving she told them I had some marijuana in my kitchen. I was not a-where of this what-so-ever. I was handcuffed and taken to jail. My house was searched where she told them it was located.
After she told them there was pot and where it was located they begin searching for the marijuana. I was told not to move and I was not free to move about my house. I was questioned and my rights were not read until 1 hr after I was taken to jail. I have been charged with a class D felony for possession. This was an illegal search and seizure if there ever was one ending in a false and fictitious arrest I was told I had no constitutional rights.
With-in 10 minutes after she told them I had marijuana she then told the officer the truth and told him it was hers, they ignored her because they were determined to arrest me for what-ever they could this was out of retaliation for a suite I had filed against another police department in 2004.
I have been given a court appointed Attorney and since June I have asked this Attorney to file motions and begin to fight. I begin to do a search on this Attorney and have found out he was suspended for doing some bad things by the Indiana judiciary committee and he is very incompetent. He seems to be working for the prosecutor instead of doing his job
In the mean time this person (still being homeless) and on parole came back to stay with me I just couldn't let somebody starve and be homeless if I could help, I also wanted her around to tell the truth which she has. I know this sounds crazy but I told her to tell the police the truth and I would forgive her.
She signed a notarized statement that said she was mad at me (enclosed) and the marijuana was hers, she also said she never gave anybody permission to search my house or anything. I have these statements also written by her in her own handwriting which is also notarized.
Next I went to this Attorney and showed him her statements, I then took her to court to speak to this Attorney where she told him the marijuana was hers and she was sorry, she told him she would testify to these facts even though it meant going back to prison on a parole violation she just wanted to set the record straight. This Attorney said he needed to do a deposition on her and she agreed she would. He then told me he would talk to the Prosecutor and see if she would maybe drop charges he does not return any phone calls or answer any e-mails.
The Prosecutor offered me a plea bargain if I pleaded guilty I would be sentenced to 3 years in prison for less then an ounce of pot. That is a death sentience. I am on a daily menu of 24 pills a day to keep me alive from the VA hospital.
I fired this attorney and was given another, this one is not much better. He has done nothing and I have sent him several registered letters and many e-mails asking for him to do something to defend me.
The Judge has told me I am not allowed to file any motions in this court. I am not allowed to defend myself in any way. I can't see how a judge can tell a defendant that he is not allowed to take part in his own defense in any way.
March 4th is the dead line for pretrial motions to be filed and the trial is in April.
I have asked this Attorney over and over to do depositions on the 2 cops and the other states witness that told them where the pot was hidden. My constitutional rights have been violated and it was an illegal search and seizure.
All this Attorney has to do is the deposition and file the right motions but he does nothing. I am at a loss. I can't pay for a Attorney and I can't file any motions in my defense and the time will run out soon. These people are attempting to rail-road me to prison and to my death. With out medical care that I am now getting I would die with in a month.
If I am convicted and incarcerated I lose my pension my home and my car, in other words everything I own I will become a homeless Veteran.
The woman has since done a deposition under oath and took full responsibility for her actions, I was not allowed to attend and they went to the jail in a attempt to get her to change her story. She has now been charged with this crime and false reporting, they gave her 45 days.
I was not guilty and the police knew this before they ever took me to jail, they done everything they could to kill me.
I have had these charges dismissed and now on May 12th 2015 I have filed a 1983 civil rights claim in Federal Court.
This is how they really thank you for your service. Can you imagine I was drafted into the United States Army and I did not run to Canada I went into the Army. I paid the price for yours and mine constitutional rights. I am now fighting again for those right and I will not back up and I will not back off.
I am perusing this case pro-sea because I have not found 1 local Attorney willing to help. If there is any Attorney qualified to go into Federal court and handle this case contact me. If not I will do as I have always done fight like hell for my rights!