How a Just and Fair District Attorney Would Handle Two Charges

You see it all the time on TV. Within a one-hour show, someone is framed, many people believe that person is guilt, a smart cop believes the innocent person, the REAL criminal is identified and arrested, the cops and the just DA are heroes, and we all say YAY, feel good, and move onto the next week’s show.

But what happens when in real life no one in a position of power cares or believes that the framed person is innocent? Just lets them adrift to fight it out on their own?

Or worse yet, what if the person or persons in power are colluding with the person who frames the other in order to destroy those who dared to buy some controversial property, let’s say Vick’s Bad Newz Kennels?

My husband is fond of investigative cop shows, and Lord knows there are a ton of them. I watch Elementary and the Mentalist, those are my two favs, because I like how amazing they are at solving very complicated cases. I’ve also seen plenty of Hawaii Five-O and a few others whose names escape me at the moment, so I know how it works.

In these shows, the cops are heroes. People are framed every show, and they figure it out easily, quickly, and justly.

God, wouldn’t that be nice?

So let’s say Surry County Commonwealth Attorney Poindexter were one of these people who was behaving justly and fairly in his job as Commonwealth Attorney—if given the benefit of the doubt and assuming for a moment he wasn’t ACTIVELY involved in framing me—and charges against me land on his desk at the end of August 2012, instigated by former employee Deana Whitfield.

And then in October 2012—after being initially reported to the Sheriff’s office August 15th (before I had any clue I was being charged, note) but taking two months to investigate and ready by the Virginia State Police—embezzling charges against one and the same Deana Whitfield land on his desk.

Police report filed against Deana Whitfield at the Surry County, VA Sheriff’s office August 15, 2013.

Email in October from VA state police officer Shawna Griffith confirming that charges are on Poindexter’s desk.

“Intriguing”, one would picture Poindexter saying. “It’s really unusual that TWO PEOPLE from the same organization would have charges pending, and both are the accuser of the other. That’s just fishy to me.”

(Obviously, even someone with a modest amount of intelligence can see that there’s something funky going on at this point. Or at LEAST SOMETHING that bears some serious investigation. You don’t have to be a TV star to get it.)

It’s not a huge leap of faith that this is possible in the real world, is it?

At this point, Poindexter would take the time to seriously go over both cases, because one of them probably needs to be dropped as a frame job. Regardless, it’s his JOB to review cases that hit his desk, and so it should have and would have immediately been looked at for its own merits accordingly no matter who it was against.

A just DA would immediately go for the hard evidence first. Testimony can be false, people’s memories can be faulty, either on purpose or just because they see things differently, and hard evidence is almost always required to win a case.

What are the dates on the hard evidence? Numbers don’t lie. Deana Whitfield first started embellishing her paycheck in March, 2013. This continued through late June, 2013.

Please see the evidence page to peruse Deana Whitfield’s paystub evidence.

If I were DA, that’s all I’d have to see. But that’s just me.

What is the hard evidence in my case? Not much, that I’ve seen, and since it’s against me, I should be entitled to see the evidence.

Both times I’ve been before the judge with ACO Tracy Terry, she is pinning her whole case on the testimony of Andrea Wheeler.

She’s got nothing without her.

She took our DOG pepper spray, HALT, and a small stun device which I had to dig around in a desk for and probably wasn’t even charged—telling everyone I was the devil for having it and implying it was used daily for the hell of it on our dogs. There is no cruelty in providing my staff with NON-LETHAL protection from dog attack, when these same staff members work with dogs OUT OF CAGES all day long.

If they are attacked and die by one of our rescued dogs, morally if not legally I would bear the burden of that. 38 people in the U.S. died by dog attack last year alone.

Because our dogs are out of cages and because they come from very unsocialized environments—and they are BIG DOGS—our staff needs to have something to protect themselves with should the worst happen.

These items are common equipment in many potential dog threat environments, to include AC, pet stores, bikers, postmen. They are not torture devices.

Dog pepper spray is definitely less lethal and threatening than the local hunters’ gun collections (which one would imagine they use when they have a dog problem…they don’t bother with any mamby-pamby pepper spray), and there’s a pretty good chance she’d be shot if she started trying to take their guns away.

Wise choice in choosing DDB to harass instead, Ms. Terry.

But, in order to consider our possession of these items cruelty, she has to prove that they have been used without cause and in a manner to deliberately harm the dogs. Where is her evidence of that? Doesn’t exist, because it didn’t happen.

So, when just and fair Poindexter looks at the evidence from both cases, it is fair to assume that he knows which person is being framed. That it’s pretty obvious.

And it’s fair to assume that at that point, he makes a big fuss about arresting Whitfield for both embezzling and for making false statements to a police officer, he is praised for his amazing detective skills, and the world goes on, a better place.

But that never happens. I wait and wait after the charges hit Poindexter’s desk, thinking if she gets charged— even if they don’t drop my charges outright—it goes a long way toward showing cause that she was framing me in order to take eyes off her.

I cannot risk making a big deal out of my case until I’m found innocent, because I can’t have people writing the judge and prejudicing him against me. This happened with my trial for Doogie, and I served a greater punishment because the judge got pissed off; in that case I didn’t care.

I did what was morally right and just, and the bigger sentence she gave me only made her look worse in the end.

But I can’t afford that in an animal cruelty charge. If I’m found guilty of this charge, my career as a dog activist is over (should I be sad about that, I wonder?) and my organization suffers more as a result.

So I have to stay mum, and just build my evidence to free myself over the months of waiting for my case to come up.

After charges are dropped against me via nolle pros on March 5th, 2013—because their witness Andrea Wheeler failed to show up for the second time—I call Poindexter’s office daily about the lack of a Whitfield case until he returns my call days later.

I ask him about the Deana Whitfield embezzling case, and he tells me he has nothing to do with that.

I say “Yes, you do, it’s been sitting on your desk since October, waiting for you to put it forward.” He claims again that it’s not his territory, until I read him the e-mail from VA state police officer Shawna Griffith stating that we have to wait for him to put the charges forth.

Then he says “Oh, yeah, ok. Well, DO YOU THINK SHE DID IT DELIBERATELY?”


Do I think she did it deliberately? Like she accidentally padded her paycheck all those months and then accidentally framed me for cruelty?

When was I ever asked if I did whatever-it-is-I’m-supposed-to-have-done deliberately?

He then tells me he needs a month to look it over.

A month later I still have not heard a word from Poindexter. I take DDB Director of Operations Mark Hyre with me to Surry County courthouse where I know Poindexter has trial and wait until the hearings are over to talk to him.

He immediately plays stupid again like he has no idea what I’m talking about. He suddenly remembers, and asks for my phone number and says he’ll call me. That was April 2, 2013.

It is now May 9, 2013. There has been no phone call.

IF, and it’s a big IF, Poindexter was not vested in finding me guilty and not Deana Whitfield, why are the charges against her still sitting on his desk unaddressed?

If he were ever impartial about both cases, why were both cases not put forward and let the chips fall where they may?

Poindexter is the very same DA who refused to charge Vick with any crimes until the stink got so huge he couldn’t refrain any longer. And then he DROPPED ALL ANIMAL CRUELTY CHARGES, despite MOUNDS of overwhelming hard evidence and a confession, and advocated him to receive time served on a state dogfighting charge.

At that time, the blogosphere, news articles, and both books written about the case, The Lost Dogs by Jim Gorant and Badd Newz, by Kathy Strouse, all document what is either deemed as incompetence or collusion in the case by Poindexter.

Here’s a great article that from 2008 FROM A SPORTS BLOGGER, Mike Florio, calling for an investigation into Poindexter’s activities. This investigation never occurred, and today I am the one paying the price for that failure, and I may do so with my life.

I never asked for special treatment. Apparently that was reserved for Michael Vick. But I do demand equal treatment under the law.

I’m calling for an investigation that should have occurred years ago into Commonwealth Attorney Gerald Poindexter’s competency and activities. I’m calling for an immediate arrest for embezzling and making false statements to a police officer for Deana Whitfield.

I am going up to the courthouse now to sit there from 11:00 a.m to 4:00 p.m. I was sitting at the only courthouse I know the past two days, which is actually in the government building.

I’ve been informed that the circuit court still takes place at the more courtly-looking building on the corner by the red light, so I’m moving to that location.

It has the added bonus of being across from Poindexter’s office.

I am feeling weak and dizzy from my third day without food. Luckily for everyone involved, I’m still chubby and my fat should hold me out for awhile longer. But it’s becoming harder to do my daily activities, as I’m too fogged up and just want to lay in bed when I get back to the center.

Please pray for me if you’re the praying sort, and contact anyone you know who holds power that may be an influence in these sordid matters. I am determined that I will get justice or die trying.

I am done being harassed, bullied and lied about by Surry County officials. I am done having my organization take the brunt of the loss of donations and support and suspicion that has surrounded us since this whole mess started last August.

Dogs Deserve Better was the first group in the world to focus our mission and start rescuing chained dogs, and even the USA Today referred to me in an article on chaining as the “Godmother of Anti-Tethering”.

Dogs Deserve Better has the potential—with adequate funding—to build a beautiful and state of the art rescue center on our property, which would help thousands of dogs find new life and new, loving, inside homes in upcoming years.

These false accusations don’t just harm me and my organization. They harm dogs who wait right now on a chain for help that never comes. These dogs could be the benefactors of our center, both now and in the future.

For this, I say a big SHAME ON ALL INVOLVED in this deception. How dare you seek to destroy the best chance many chained dogs have of ever knowing love?

Day Two of Hunger Strike

Day Two of Hunger Strike

I’m humbly asking for help from anyone who can provide it.

Thank you.


3 thoughts on “How a Just and Fair District Attorney Would Handle Two Charges

  1. I am sorry for you,the dogs, my country, and the people in it.I never thought that the day would come that some people in America would become heart less with no compassion for other living things, that they would hold in high reguard a slim ball un human like Michael Vick, because he plays foot ball, a game, we have lost our way here in America,we have forsaken the path that made us a great nation, there is a price to pay for killing & hurting the helpless, for turning away from right & just action, we have set upon the path of the contemptible,and will have to pay the price for doing such.Everthing that has breath, needs to feel love, be loved, and to show such love to another, Shame on the ones that fall into there own blindness, from having a cold heart that will not beleve, understand, or see, the hope in others.There is none so blind, as those that will Not see.

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