By Meladi Brewer

DailyAdvocate.com

DARKE COUNTY – Jessica R. Walker, 47, of New Madison, withdrew her petition for judicial release via Zoom in the Darke County Common Pleas Court Monday. Judge Stephan Wolaver presided.

Walker is currently incarcerated after she was found guilty by a jury of felonious assault, a felony of the second degree; and failure to stop after an accident, a misdemeanor of the first degree. Walker appeared pro se, meaning she was representing herself in this case.

Judge Wolaver advised Walker he would like to shift gears and share somethings with her before they proceeded with discussing potential judicial release.

“I’m saying this to you in fairness,” Judge Wolaver said. “I just want you to know that the position of the prosecuting attorney here today is that they believe judicial release should not be granted today, but there is no opposition, depending on circumstances in the future, that could change that recommendation down the road.”

Judge Wolaver continued to advise the letter he received from the victims in this case stated “they didn’t believe judicial release should be granted today.” It was advised the victims believed it was too soon, so the Judge takes that their would be a point in time when the prosecuting attorney, Drew Wood, and the victims could take a different position regarding their stance.

“My sense is that is where we are probably at today. I am inclined to agree with those positions regarding the decision today,” Judge Wolaver said.

Judge Wolaver told Walker the reason he is having this conversation with her today is not necessarily just because the victims as well as the state have well indicated a judicial release may be appropriate further down the road, but he himself agrees with that sentiment.

“I think somewhere at some point in time Judicial Release would be in the best interest to the people in Darke County as well as you,” Judge Wolaver said. “While I’m not making any promises, I can tell you I would be interested and inclined to do so.”

Judge Wolaver advised Walker the reason he shared those thoughts with her is because if they would have proceeded with a Judicial Release hearing that day, he would have denied her request. If Judge Wolaver denied said request then it would have precluded her ability to receive judicial release later down the road. He asked Walker based on his statements if she would be willing to withdraw her petition today and file it later down the road.

Walker was asked if she would like some time to think about her decision or if she had an answer. Walker advised she had a comment, and so she would like to ask the court’s thoughts before she provided an answer.

“I have provided a request for judicial notice, so there is a civil action going on here in regard to these alleged victims and their fraud of me being in here,” Walker said.

Walker told the court the civil matter is currently in discovery. She also told the judge she filed a motion for Judicial Notice and also filed a motion to strike the State’s response response to her petition for postconviction relief (PCR). She advised the response was untimely and was given to her more than 60 days after it was due.

“The reason I am saying these things is because these alleged victims have committed a perjury,” Walker said. “I have got a discovery out currently with the Texas Bureau of Motor Vehicles that I expect to be answered this week or next week.”

Walker said this will show that the victims are not the registered owners of the RV in question, which “if the court may recall is a main contenent of their testimony”.

“That is pejury, and then I also have a picture from the criminal discovery of east Texas plates attached to an RV that is not the RV that they are registered to,” Walker said. “This piece of discovery will prove perjury, obstruction of justice, and tampering with evidence on the part of the alleged victims of this case.”

Once Walker receives the evidence, she advised she would like to show it to the court for judicial notice as well, so she said she is happy to withdraw her petition for Judicial Release if the court is not inclined to grant the judicial release today.

“But I have some highly material evidence of criminal activity on part of the alleged victims making me the elected criminal victim in this case having stolen my liberty for the last 13 months,” Walker said.

Walker said she feels it is “highly material”, and she thinks the judge should see the evidence before considering whether or not she is properly incarceration or not.

“I would point out that retaliation against a witness is a federal offense under the Racketeer Influenced Corrupt Organizations (RICO) Act, and it would be tampering with evidence, obstruction, and perjury are all considered racketeering activity,” Walker said.

Walker said since they had required a “modicum of due diligence from the part of the State to have figured it out prior to the trial. She advised there is a question about subordening the perjury as well.

“In terms of the State’s response and the alleged victims’ response to keeping me in here, it’s sort of a continuation of my victimization, so I’m not really sure -if you’re not going to grant this today, then yes absolutely I would withdraw it,” Walker said.

Walker said she would withdraw her petition, but wanted them to know those facts are on the table and she will have solid evidence that those crimes had occurred to her in the coming weeks. Judge Wolaver advised Walker he appreciated her letting him know, but she is still pending in the civil suit.

“That is correct. They are trying desperately to dismiss it because the discovery doesn’t exist. I’ve asked for the paper trail of all the perjury statements they had made during their testimony, and they are trying to stay discovery and dismiss my counter claim,” Walker said.

Judge Wolaver advised her if she would like to present anything to this court it would be fine, but he himself is not on the civil case. He advised her he does not have any control over the civil case itself, but Judge Wolaver said he would be more than prepared to listen to anything Walker wanted to present for this case.

Judge Wolaver accepted Walker’s withdraw, and he did not make a decision today.

“You have your right reserved at this point to refile down the road. I think a few more months would probably be more appropriate before anything else happens, so I will anticipate a filing down the road. Hopefully we will have a good hearing on it,” Judge Wolaver said.

In a matter of the pending PCR and motions to strike, the judge advised he would like to wait Walker’s responses on the matter, so he would like to hold off until both Walker and the State have made all the statements they would like the court to be aware of.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].