The Mountain Mover

NO Mountains Can Be Moved…Until You KNOW Mountains Can Be Moved!

The Book is Moving Ahead…

I am currently working on writing my book, but here’s a Quick Chronological Overview of it:

  • Was Vice-President of a company owned by a Judge (1977 to 1982).  In 1982, I left, started own business taking many of his employees.  Judge warns me not to go into business in his town “you won’t make it in business in this town.”
  • Wife files for divorce in 1984 and accuses me of molesting 3-year-old daughter (absolutely no evidence – I still have police videos where she repeatedly denied it and there was no physical evidence – when medical doctor said there was no evidence of abuse, they said that it was oral sex).
  • Arrested December 24, 1984 at 3:45 PM, bond set at $250,000.  Released from Jail on $30,000 bond February 1, 1985 after bank forecloses on my business (Judge was right).
  • After repeatedly turning down plea bargains for a suspended sentence, I force them to take me to trial in 1987.   I am remarried with a 7-month-old son and have started a new business in Indianapolis.
  • 400 lb. lesbian therapist testifies that I molested my daughter (even though daughter denies it – therapist says her denials “prove” it).
  • The Judge in this case who is a political ally of the judge I worked for disallows all testimony by the defense (including police videos where daughter repeatedly denies it); 90% of the trial was an “offer of proof” whereby the jury is not allowed to hear any evidence from the defense; the jury convicts me and judge gives me 40 years.
  • I go directly to prison.
  • After 5 years, Indiana Supreme Court denies appeal 3-2.  My current wife files for divorce and I give her and my son the business.
  • My father visits me the next day and says “Son you’ve got a mountain to move and you are going to have to do it yourself.  You’ve spent $200,000 and don’t have any more money and neither do it.” I asked him how I was going to move that mountain and he just said “Faith.”
  • That night when I went to bed, I vividly saw myself in a courtroom and I saw a Judge ordering the police to take off may handcuffs and shackles and I saw myself walk to freedom.
  • The next day, I got a job in the prison law library and spent 13 months (16 hours a day) researching the law and studying and filing my own appeal.
  • I alleged judicial and prosecutorial misconduct and was assigned a Special Judge and Prosecutor.
  • In December 1993, the State of Indiana sent 3 Attorneys General and 2 Prosecutors against me in a 6 hour hearing for the purpose of getting my daughter’s therapist’ notes, which had been denied me by the trail judge (“there’s nothing here, there’s nothing extraordinary here, there’s nothing that will help you at all”).  Notes had been sealed pending appellate review but appellate attorney never raised the issue.
  • Special Judge awards me therapist notes (“The State presents compelling evidence that these are confidential counseling sessions, but Mr. Timmons presents even more compelling evidence, because his freedom depends upon what is in this file.”).
  • Judge gives me the file, but issues a Protective Order that I cannot Tell Anyone what is in the file.
  • It is almost 6 more months until my hearing.
  • I had a very eloquent 13-page typewritten opening statement prepared, but when the Judge advised me not to represent myself because I would have  “a fool for a client,” I replied that “the saying actually is if a lawyer represents himself he has a fool for a client’ and I am not a lawyer, and besides no lawyer will do what I have to do to win this case.”  He then asked if I wanted to make an opening statement and I laid my notes down and said “The original judge and prosecutor are not now the judge and prosecutor.  The original judge and prosecutor manufactured evidence, falsified evidence, misrepresented evidence and suborned perjury.  I believe that the new prosecutor is an honest and upright man and if he is what I think he is, before this trial is over he’ll say, I’ve heard enough, this man’s conviction needs to be overturned.” When I sat down, I thought “where did that come from?”
  • I asked for a separation of witnesses, and the first 24 witnesses I called were all the other people also accused of molesting my daughter (24 by actual count) by the therapist (all bogus and none never investigated).  The Judge, Prosecutor and Police were all complicit in knowing this and in fact had signed for the file.
  • I put the therapist on the stand who said that she had treated over 1,100 abused children and had never found a single false accusation.  I said “Do you get paid when you find a false accusation?” She refused to answer and tried to leave the stand.  The Judge told her she had to answer my questions or go to jail.  I questioned her for over 7 hours.  She is the poster person for how not to interview a child.
  • I caught the judge, police and prosecutor in lies (I put them all on the stand and they had to answer my questions).  At one point the prosecutor said “I’m just confused,” to which I said “No, you are just a liar!”
  • There’s so much detail I could include here, but I’ll stop.
  • On the fifth day, I am led into the courtroom in handcuffs and shackles and the judge says “Mr. Timmons, you may call your next witness.”
  • At that moment the prosecutor stands up and says “Your Honor, we are going to say that Mr. Timmons opening statement was prophetic and the State asks that you overturn his conviction and dismiss the charges.”
  • The Judge pointed to the Deputy and said “Deputy, take that man’s handcuffs and shackles off right now!”  He also said “Judgers usually cringe when they see a pro se litigant, because they don’t know the law.  You sir, you knew the law, you knew the court rules and you presented a highly organized and concise case.  In fact, it was better than most attorneys.  I want to congratulate you and wish you good luck.” With that, he stood up, reached over the bench and shook my hand.
  • Seven years, five months and five days after my conviction, I walked out of the courtroom a free man (the emotion is overwhelming each time I tell the story).
  • It’s now 16 years later.  I have re-built my life.  I have a beautiful wife (we just celebrated our 12th anniversary) and a 10-year old son.  My second wife died shortly after I was released and I raised my other son from age 8 to where he is now (age 23).  Life is good – I never have a bad day.
  • I have a successful business, but at some point (and soon) I intend to move into my next career which is helping people move mountains in their lives.  What else can a mountainmover do?
  • I have had 3 Visions:  (1) That I would walk out of that courtroom a free man; (2) That I would have a successful business; and (3) this story will be an Oscar-winning motion picture.  The first two have happened.  #3 is going to happen.
  • There are a lot of subplots here too:  I was the only white man to lead the prison basketball league in scoring; I won a softball championship as well and most importantly, I was never alone.  God never allowed a hair of my head to be harmed.
  • An attorney friend did a search and said that he could not find anyone who had a significant prison sentence get it overturned on their own.  I say “when you see the invisible, you can do the impossible.”  “No Mountains can be moved, until you Know Mountains can be moved!”
2 comments

2 Comments so far

  1. DRomo January 8th, 2010 3:05 pm

    Mark,

    Unbelievable, amazing, & inspiring!

    Hurry up and finish this book! I have told you before to consider 1 pre-sold here in California. I will recommed it to everyone know. AWESOME!

  2. Miguel January 8th, 2010 7:45 pm

    Wow, that is an inspiring story to say the least!

    There are stories that the ancient native peoples of the America’s could not see the large Spanish ships approach or even docked off shore once they started invading. The reason was that their minds could not comprehend such things. When they looked out over the sea they expected to see a vast ocean as they had always their entire lives. And that is what they saw. They didn’t see what was there, they saw what they expected to see.

    Reality is what you make of it.

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