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Rev. Austin Miles, a chaplain in Northern California is a writer and historian. He is the author of Santa's Surprising Origins, a story that received worldwide circulation and resulted in him being cast in the 2004 Hallmark Christmas Movie titled, Single Santa Seeks Mrs. Claus. He played the mall Santa who magically received the gift of sign language.

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Tuesday, January 27, 2015

Society • D.A. Refuses to Toss Fabricated Case Against Minister

MARTINEZ, CA (1/27/15)—An intriguing case in 1994 was and still is closely watched. A minister was charged with “assaulting a police officer with a fax machine.” I kid you not. When I saw it on the front page of The Contra Costa Times, I read it, and to my astonishment, learned that I was that minister being charged!

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I had been served no papers, or had any clue. I called the court house to ask when and where the ‘hearing’ would take place since the charge was not true. They would not tell me. I wanted to see the charges but they told me I would have to come in to get them. I did, but had to pay them $25.00 to find out exactly what I had been charged with and where the case would be heard. The staff at the Contra Costa County Court House was hostile.

I was to learn that I had been charged with faxing the name and home address of a sheriff who had forcibly taken a child from his mother for Child Protective Services (CPS). Indeed, the D.A. said it was a 26 page fax that I sent to thousands of people throughout the U .S. They refused to let me show three months of my phone and fax records which would have totally disproved those claims. I was prohibited from speaking, defending myself or challenging “evidence” throughout that “trial.”

The case evolved from a mother who wanted to have a second opinion about her child’s cancer treatment, but CPS demanded total control, seized the sick child and took him away screaming from his mother.

CPS receives a government grant for every child they take. I had brought attention to the seizure of that child in my church newsletter, The Connecting Link, but that was it. The rest never happened. But this was a perfect vehicle for an ambitious D.A. to hook onto for a publicity driven political maneuver with CPS, angry at me for publicly criticizing them, giving him total support.

The out-of-left-field case was filed by then District Attorney, Gary Yancey who charged me with being a threat to police officers. Mr. Yancey ruled the county with in iron fist, but did not have the support of police officers for his upcoming re-election. Plus he had come under scrutiny due to many controversial prosecutions including a bogus case against County Supervisor Gail Bishop.

This minister provided the ideal case for the politician who needed public and police support, and stated to the newspapers: “I am so supportive of the police that I will even charge a respected minister if he is a threat to the safety of law enforcement.”

A card carrying ACLU judge, Lowell Richards, whose wife was the attorney for the Child Protective Services, was appointed to ‘hear’ the case. Of course, no conflict here.

The “defense lawyer” that they provided for me threw the case for the D.A. who brought in a false witness (a school teacher from San Clemente, whom I had never seen before) who claimed I had faxed him that sheriff’s home address. It was proved that Neal Hogan, the “lawyer” was not a lawyer, nor a member of any Bar Association even though he signed a statement under oath that he was.  His business was, Opposition Research. Judge Richards knew this.

The D.A. got his conviction against me, loads of publicity, and won the re-election. What is worse, the D.A. I was told, had made a contract to have me killed when I was sent to prison so that nobody would know the truth about how he got re-elected.

How did I know that for sure? A rookie cop, who was a friend of mine who heard this at headquarters, came to my house to talk to me, telling me that he had quit the police force over this, saying that he would have no part of any organization that would do such things.

The Assistant D.A. who made the case in court against me knew that what he was doing was wrong, quit the DA’s office after the trial and admitted to me later; “You were railroaded.”

The only reason I was not sent to jail, where I would have been killed, was because the court room was packed with people who subscribed to my newsletter along with many who heard the talk shows about this case and knew full well that I had not published a sheriff’s home address. The judge sensed that there would be a riot had they cuffed me and taken me to jail as intended. So I was given 300 hours of community service which was easy since that is all I do anyway.

Last year I went to the newly formed, Conviction Integrity Commission at the office of the Contra Costa County District Attorney to ask for a re-examination of that case and to rightfully declare it, “null and void.” I met with them with all the paperwork proving everything about that case was connived and false. After several months they suddenly went silent and would not even acknowledge my emails or phone messages. Then, this morning, I received the email which is below:

Subject: RE: Status of Case Requested
(1/27/15)

Rev. Miles,
I apologize for the delay in responding.  I can assure you that we have carefully reviewed our files and the materials you have provided.  After discussing the matter with our Chief Deputy Doug MacMaster, our office is respectfully declining to take any action with respect to your criminal matter.  I do understand your concerns and I can appreciate why you are frustrated with the criminal justice system.  Nevertheless, our office considers the matter closed.
Brian Michael Feinberg
The Law & Motion
SCOTUS Bar Number 291266

I immediately responded to his email:

Dear Mr. Feinberg,

Thank you for getting back to me. While greatly disappointed and disillusioned regarding the legal system, please accept my sincere appreciation for the courtesy extended me as I came to you in full trust that the right thing, the moral thing and the ethical thing would take place. I know you did your best.

In any case, I wish you nothing but the best.

Sincerely,
Rev. Austin Miles

The purpose of the office of the District Attorney is to gain convictions. They are given government grants for every person they file a charge against and a full amount when they secure the conviction. It is not about justice, but…convicting everyone they can, guilty or not.

I have forgiven everyone who had a part of this Prosecutorial Misconduct. Meanwhile, The Antioch Ledger-Post Dispatch, the newspaper that partnered with Mr. Yancey to help convict me (the word ‘alleged’ was never used-according to them I did it), went belly up. Thousands of subscribers who were well acquainted with me and my work in the area began cancelling subscriptions, and their major advertisers pulled their ads which supported them. And they crashed.

The editor of the paper, Clay Kallam, a homosexual who automatically considered me the enemy since I was a Christian minister, wrote such vicious attacks against me in order to help Mr. Yancey, that I had every right to sue him and the paper. I had always been cordial with him and officiated at the marriage of one of his staff. There was no reason for his conduct against me. However, as a result, Kallam was literally run out of town.

I am told that Gary Yancey has been battling skin cancer. And I believe God is dealing with everyone who did everything in their power to try and destroy a minister of God, even to the point of contracting to have me killed.

Meanwhile, God is greatly blessing this ministry that He has entrusted into my hands. I am now 81 years of age and still working full time as a chaplain 24/7 as well as training chaplains. Oh yes, ironically, I was once a police chaplain, saved a cop’s life in New York and still have my badge, which I was restricted from showing at my “trial” since that would conflict with my being a threat to police officers.

CLOSING NOTE:  Adrian Chavez, the little boy that was grabbed from his mother and prevented from leaving the county…died. Marlo Thomas of St. Jude Hospital in Memphis had called me after seeing the publicity and offered to take him there for treatment. If he had been able to go there, he would no doubt be alive today. Child Protective Services blocked this which tragically ended the life of a little boy.
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Above Photo: Clay Kallam Former Antioch Ledger Editor        

Photo Credit: The Connecting Link
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