Innocent Soldier uncovers testimony of Outrageous Government Conduct in Georgia

My son has been trying to expose his story, but no one will listen. Please, help restore an innocent veteran’s honor. He understands that Georgia will more than likely retaliate against him, but they’ve already stripped him of his Parole Incentive Credits and changed him from parole eligible to ineligible, forcing him to max out. His Habeas Corpus case is currently in front of the Supreme Court of Georgia, and he has included Actual Innocence as one of his grounds.

About Me
—————————
My name is Joseph Fountain, and I’m 34. I earned my Eagle Scout just after turning 15, which at that time I was one of the youngest Eagle Scouts in America. I was active in our church community, my Eagle Scout project being to build a stage, seating, as well as fire pit for our church, Morning Star Moravian. I graduated from Erwin High School in 2007, and left for Basic Training with the US Army on August 1, 2007.

I graduated AIT (advanced individual training) from Fort Eustis, VA in March 2008, qualifying me as a 15T Black Hawk Crew Chief and Mechanic. My first duty station was Ansbach, Germany with 3/158 Combat Aviation Battalion. December 2009 I deployed to Balad, Iraq for a year, including Operation New Dawn, reclassifying Operation Iraqi Freedom from a war to a conflict. I returned to Germany in December 2010, and went from there to Camp Humphreys, South Korea in March 2011. In March 2012, I returned stateside finally, being stationed at Hunter Army Airfield in Savannah, GA as part of 4/3 Combat Aviation Battalion. In December 2012 I deployed to Forward Operating Base (FOB) Wolverine, Afghanistan. I was promoted to Sergeant, E5, on April 1, 2013. In June 2013, my unit shut down FOB Wolverine and headed back to Savannah, GA while I volunteered to transfer to another unit, 3/17 Air Calvary, to support them. In September 2013, I returned to Savannah, GA and was awarded the Army Commendation Medal (one of the highest awards a soldier can receive outside of combat).

My wife and I married on December 3, 2013. For the next year and a half, my unit was constantly gone and in the field, having to stay ready for GRF (Global Readiness Force), which is a 72 hour rapid deployment force. In March 2015, my unit (4/3) deployed to Germany, replacing my old 3/158 unit as it had shut down, in what is now called Operation Atlantic Resolve (OAR). The purpose of our deployment was to continue training with our NATO allies. We were two companies of 10 Black Hawks each attempting to do the mission set that 2 battalions of 30 Black Hawks each and other aircraft were doing…. it was very hectic. During this time, I would do missions in not only Germany, but Poland, Ukraine, and Spain. I was selected to be the NCOIC (non-commissioned officer in charge) of my company (usually assigned to a First Sergeant, E8 yet I was an E5 Sergeant with this responsibility) for Operation Trident Juncture 2015 in Saragossa, Spain, a massive NATO training event which qualified Spain as a NATO Allied Forces launching point. I returned to Savannah, GA in December 2015. I was DA (Department of the Army) selected in February 2016 to be a Recruiter for the US Army go to school in September 2016, and report to Buffalo, Minnesota in December 2016 for my recruiting assignment.

Things, however, took a wrong turn, and I was arrested July 31, 2016. My wife and I separated, and I met my son’s mother. I learned she was pregnant April 2, 2017, which is after I accepted my plea bargain, but before sentencing. I informed my attorney, who said that my plea was locked in and I couldn’t take it back. I was sentenced April 12, 2017, as you will soon read. My son, Keyen Michael Reeves, was born November 30, 2017. Unfortunately we’ve never met each other, and in October 2022, Chatham county stripped me of my legitimate rights, and are allowing his step-dad to adopt him, all because of this conviction I’m innocent of. During my time at Hunter Army Airfield, I was in charge of over $20 million of equipment and vehicles. I have documents of all of this in my “I Love Me” book, which my mom has a copy of, and my lawyer refuses to release the originals of my awards and decorations in this book, despite repeated complaints to the State Bar.

Characters
————————–
Joseph Fountain, Sergeant, US Army – Myself. I was active duty army at the time of my arrest, and eventual incarceration.
Joe Heath, Deputy – Created the internet sting, and who I was communicating with. Effingham County Sheriffs Office.
Richard Bush, Chief Deputy – Dick Bush is the chief deputy of Effingham County Sheriffs Office.
Lynne Flemming, Attorney – The attorney I paid $15,000 up front, who proceeded to work against me.
Daphne Totten, District Attorney – District Attorney for Effingham County.
Tonya Hodges – Officer who Joe Heath used photos of as an adult, pretending she was a child.
Glen Woodstuff, Major, US Army – My TDS (trial defense services) liason.
General Rainey – General of the 3rd Infantry Division.
Samantha Kohnert – Wife (now ex)
Jenny Foster – Online persona of Joe Heath for email communications. 15 years old.
Victoria Atkins – Online persona of Joe Heath for text communications. Age unknown.
Ronald Daniels – Respondent (represents the warden, who because I’m in a private prison, is the person holding me in prison so its who I have to file my habeas corpus against)

Story
—————————
Please note I was active duty Army during this time. Stationed at Hunter Army Airfield in Savannah, GA.
I had been cruising Craigslist Casual Encounters, responding to many of the W4M adds in the personals and W4M section. This being late July 2016. My marriage was failing. I had been accepted to be a recruiter for the US Army, and was going to school for it in September 2016, to finish in November/December 2016, come home and immediately pack my belongings and move to Buffalo, Minnissota (probably spelled wrong). My wife (now ex) was from Wisconsin, so the move would put her close to her family for when we eventually split up.
My inbox was full of replys from various individuals and bots from Craigslist. Being lonely as hell, chatting with these individuals was nice, made me feel wanted. One of these individuals was Jenny Foster. The add was babysitting/cleaning W4M. I figure it’s someone with a fetish or fantasy to act out. She identifies herself as 15 years old and would do anything for money. I tell her to piss off, she’s jail bait. In total, we exchange 19 emails (6 of which Joe Heath has deleted from evidence, and one random one was with David Avery, Joe Heath’s fellow deputy. Why it’s involved in two way email traffic is beyond me). I proceed to delete her messages, and chat with other individuals. As Joe Heath testifies, there’s no sexual conduct in the emails with Jenny Foster, nor plans to meet her for sex.

P10L23 – Fountain: What sexual conduct is present in the emails?
P10L25 – Heath: Actually, the emails, I dont recall any about sex.
P11L1 – Fountain: All right. So, no sexual conduct is present in the emails?
P11L3 – Heath: I don’t believe so, no, sir.
P11L5 – Fountain: And there’s no solicitation in the emails either, correct?
P11L7 – Heath: In the emails itself, there were three or four conversations. I don’t believe there were, sir.
P14L19 – Fountain: So, according to the emails, there’s no solicitation for sexual conduct or any violation of Georgia law, correct?
P14L21 – Heath: In the emails, there is not.
P16L16 – Fountain: So, as far as the emails are concerned, theres no solicitation of sexual conduct with Jenny Foster, correct?
P16L18 – Heath: Emails there is not.
P23L3 – Fountain: Now, isn’t it true that nothing in the email with Jenny Foster indicates I wanted to meet for the purpose of sex?
P23L6 – Heath: In the emails?
P23L7 – Fountain: Yes
P23L8 – Heath: Not for sex, no, sir.

I begin texting someone (who is uncertain, as Joe Heath says I contacted him, but there’s no phone number provided in the emails he’s included. More on selective evidence destruction/inclusion later). The text messages begin July 28, and proceed through till July 31. During these text messages, Joe Heath introduces himself as Victoria Atkins. Initially cleaning is the topic, then proceeds to just general conversation. He sends a photo of “Vicky” in a bra, skirt, and heels dancing in a bar. Throughout these conversations, no sexual conduct, unlawful sexual conduct, nor solicitation or explicit photos are exchanged.

P20L6 – Fountain: Now, these text messages, they were Victoria Atkins, correct?
P20L8 – Heath: Correct, sir.
P20L11 – Fountain: So, where through the text messages does it say Victoria Atkin’s name or age?
P20L13 – Heath: In the text messages?
P20L14 – Fountain: Yes
P20L15 – Heath: It does not.
P22L1 – Fountain: So, isn’t it true there’s no solicitation or any unlawful sexual conduct in the text messages?
P22L4 – Heath: No, there’s not.
P22L14 – Fountain: So, theres no solicitation for unlawful sexual conduct that were found in these messages?
P22L16 – Heath: Correct.
P22L24 – Fountain: So, as far as the text messages are concerned, there’s no solicitation of unlawful sexual conduct from Victoria Atkins, correct?
P23L2 – Heath: In just the text messages, that is correct, sir.

Eventually in this conversation, we plan to meet up, and just drive around. No joke…. just to drive around. Almost verbatim from the evidence. Heath gives me an address, I can’t really find it so I’m using google to find associated locations. Well, the reason I couldn’t find the address is because its not an actual address… it doesn’t exist. Regardless of the fact that its impossible for me to arrive at a meeting place that doesn’t exist, I travel. Before getting to the meeting place, I turn around and begin to head home. Then I’m arrested at another apartment complex than the one he listed. Never made it to the meeting place, just turned around, then got arrested. This is July 31, 2016.
I’m not trying to hide anything. Quiet literally, there is very very little to my case before arrest. Most people who have read it wonder why it’s even a criminal case. If you asked anyone to describe me, they would tell you how much of a straight-laced, by-the-books, “square” individual I am.
I’m in jail from July 31, 2016 till August 1, 2016 (one day). Bail is set at $10,000, which my friend pays for me, and I go to Alpha Company 4/3’s office (my units office). There I’m put on 72 hour suicide watch (they tell me it’s protocall) in which they assign me a barracks room, and I’m babysat for the next 72 hours. After this 72 hours of me not dying, I finally go home, and begin looking for attorneys. I happen across Lynne Flemming in Savannah, GA.
I hire her sometime in August 2016 for $15,000. In December 2016, I’m indicted on one count of Computer Pornography and one count of Criminal Attempt to Commit Child Molestation. For each count, they court spouts some vague stuff, giving no critical elements of the crimes, namely who the victim actually is and what conduct I supposedly commited to violate the statute. Also, the court verbally charges with with the Criminal Attempt to Commit Child Molestation, yet the statute they refer to is Criminal Attempt to Commit Aggravated Child Molestation. They offer me a plea of 40 years 20 to serve in prison and banishment from Effingham County. I tell them to kick rocks, but I really dont mind the banishment.
Discovery arrives in Febuary, sometime after Valentines day. Lynne and I meet for the first and only time to review and discuss discovery, and she has co-counsel Justin Maines help her. Lynne proceeds to look at me, and ask what defense do I have. I tell her I need her to do lawyer things, while Justin Maines and myself investigate the person Joe Heath sent photos of, and find out shes Officer Tonya Hodges of Effingham County. We find out her birthday is April 23, 1990. This is a huge discovery, as shes holding a smart phone in one photo, meaning she doesnt meet the “identifiable child” clause of the computer pornography statute. Lynne doesnt do a damn thing, files nothing with the court, nothing at all.
I don’t find this out until I’m already in prison, but Lynne filed a “Consolidated Motions Package”, which is just alot of motions bunched together. Her testimony is that she filed this January 17, 2017. Part 16 of that motions package is a General Demur to the indictment, stating “the indictment fails to set out a crime under Georgia Law.” Yet she still encouraged me to plead guilty, not telling me of this demur, nor making sure the court ruled upon it.
March 9, 2017, I’m driving to Effingham Courthouse for jury selection when I get a call from Major Glen Woodstuff, my Trial Defense Services liason. He informs me that General Rainey has my name on a sticky note on his desk, and should I decide to go to trial while still active duty Army then I will face a court martial, which would end in either a bad conduct or dishonorable discharge and I would spend some time in Fort Leavenworth prison, regardless of innocence or guilt in my civilian case. I tell my lawyer this, and she’s estatic, tells me the current plea, and I call Major Woodstuff back. He tells me that if I take a plea, no adverse actions will be taken against me. When I get back inside, the lawyer happily tells me that she is able to secure a plea to count one Computer Pornography, with a 20 year (max for crime) sentence, 8 to serve in prison, a $2000 fine, and First Offenders status. Im forced to take this plea, despite my lawyer knowing of the Army not allowing me to go to trial, and how I wanted to go. My sentencing was April 12, 2017.
Respondents own testimony from the June 22, 2022 hearing (pg 56 line 22 through pg 59 line 1) is theres no transcripts from the April 12th plea hearing. Rule 33.11 clearly states there should be.
Now, an arrest on July 31, 2016 to jury call on March 9, 2017. That is alarmingly fast. Almost as if they were rushing the judgements.
For the Army side of things, I was read my “chapter” paperwork just before thanksgiving day. Afterwards, I began to chapter from the service (chapter means terminate contract). After new years, I was ready to end my contract the 2nd week of January. I was mostly ready to leave prior to this due to me preparing to leave for Recruiter School. From the 2nd week of January till April, every single week my termination paperwork was disrupted, always be the chapter physical. My flight doctor had saved my chapter physical to his desktop, and would call me each week informing me of the latest “problem” with my physical… which there wasnt one. I knew this, so did he. The Army was preventing me from terminating my contract so when I would still be active duty when I went to trial, and thus not able to defend myself.
My lawyer filed no appeal at all, despite her representing me during the 30 day appeal window. She never reached out to me. In her own words during the evidentiary hearing in June 2021, when I asked her why she didnt contact me to discuss appealing, is “thats bizarre. ”
I filed my habeas corpus petition in September 2019, the first hearing was January 3, 2020. None of my witnesses (Lynne Flemming, Joe Heath, Tonya Hodges) were there. I was continued till March 17, 2020. Due to Covid 19, this hearing was terminated, to continue June 9, 2021. Lynne Flemming showed to this hearing, but neither Joe Heath nor Tonya Hodges appeared, no reason given. The case was continued till September 10, 2021, yet a random scheduling conflict occured, and was continued till October 25, 2021. Again, neither Joe Heath nor Tonya Hodges appeared, with no reasons given. My case was continued till January 6, 2022, yet Judge Wall was sick that day, so continued till April 27, 2022. Again, neither Joe Heath nor Tonya Hodges appeared, no reason given. My case was continued till June 22, 2022. Joe Heath finally showed for the June 22 hearing, Tonya Hodges didnt because of funds… its $50 to serve subpoena’s to these individuals, which I had properly done and my mother paid for EACH AND EVERY TIME!
Each hearing they never showed, I petitioned Judge Wall of Alamo, GA to hold them in contempt and force their appearance, yet she never would. On June 22, 2022 Joe Heath didnt provide the documents I subpoena’d of him (copy of craigslist posts, metadata for the photos used). He said he deleted (destroyed) the metadata, and somehow didnt have any of the craigslist posts, despite there being a history of them on the account he used to post to craigslist. All of this can be verified by his own testimony.
Not only did he testify to my innocence (lack of sexual conduct, unlawful sexual conduct, solicitation, i didnt travel for the purpose of sex…. literally everything Im charged with), he testified that Tonya Hodges could be 16 or older in the photos. OCGA 16-12-100.2 (3)(A) “Identifiable child means a person who was a child at the time the visual depiction was created, adapted, or modified or whos image as a child was used in creating, adapting, or modifying the visual depiction”.
P17L14 – Fountain: So, how old was she in this picture?
P17L15 – Heath: I dont know what age sir.
P17L16 – Fountain: So, youre saying she could have been 16 or older?
P17L18 – Heath: She could have been.
P17L19 – Fountain: Thus not making her an identifiable child for the purpose of [computer] pornography, correct?
P17L21 – Heath: No, sir, thats not correct.

His tactics are contray to law. Now, everyone thinks this is entrapment. Wrong, its much worse. Its called Outrageous Government Conduct. United States v. Holveck, 867 F. Supp. 969, October 24, 1994 (Generally, the government may not manufacture a crime from whole cloth and then prosecute a defendant for becoming ensnared in the goverments schemes. The government is excessively involved when it engineers and directs the criminal enterprise from start to finish.) United States v. Holloway, 906 F. Supp. 1437, October 5, 1995 (To be so outrageous as to bar a prosecution, the government’s conduct must offend that fundamental fairness, shocking to the universal sense of justice, mandatsd by the Due Process Clause of the 5th Amendment. As opposed to entrapment that looks at the defendant’s state of kind, the defense of outrageous government conduct focuses on the governments actions with respect to the charged offense.)
Joe Heath created the posts on an adult website where to view or post, you must click “I agree” that you are 18 or older, you are not representing another person, and you understand the subsection of casual encounters is adult in nature. Joe Heath was the only victim of alleged crimes. Joe Heath is using photos of an adult and trying to call it a child. Joe Heath is the person who brought up what Respondent and himself were calling sexual conduct, which is kissing.
P37L22 – Fountain: I was asking Mr. Heath to please go to the message where it says I wanted to kiss her.
P38L8 – Heath: Well, it isnt — so, I did say — I did ask some questions, is that what you wanted me to say?
P38L10 – Fountain: So, you are the one that presented the idea of it? Correct?
P38L12 – Heath: I asked a question.
P39L10 – Fountain: Kissings not a violation of the law; its not sexual conduct, correct?
P39L12 – Heath: Kissing in itself is not, no, sir.

Clear cut proof of outrageous goverment conduct. I filed a formal complaint against Joe Heath with Chief Deputy Richard Bush, and I also wrote Richard Bush person to person, hoping he would do the correct thing and discipline his deputy, as well as confer with DA Daphne Totten about this. Wrong I was. Heres Dick Bush’s response :

January 23, 2023
Mr. Fountain,
I have received your letter post marked January 4, 2023. I have read your letter and have read the court transcript. You swore under oath that you were guilty of the charges as well as the courts dismissed charges. At this point you will have to get an attorney to file for a new trial.
Sincerely,
Richard Bush

Please note how he never addresses correcting his deputies actions. Also, what about the Oath Heath and him swore to protect and serve? Joe Heath has testified to Police Misconduct, malicious prosecution, wrongful arrest, and evidense destruction. Richard Bush also has that testimony, so he knows of Heaths conduct of all 4 of those, yet decided to do nothing. Its obvious to me theres a department wide good ol’ boy system who do things how they want and are accountable to no one (SCORPION squad anyone?). So, I filed a complaint with Fred Mays, of the GBI Office of Professional Standards. Their response:

The GBI has no authority under state law to investigate this matter unless requested by an authorized criminal justicr agency head, district attorney, superior court judge, or the Govennor of Georgia (by directive).
Please contact the appropriate local/county law enforcement agency or other authorized authority having jurisdiction.
-GBI Office of Privacy and Compliance

Again, no mention of correcting anything. Oh, and my mother has contacted Govenor Kemp about this case and my innocence. She was immediately turned away because shes not a Georgia resident. They wouldnt even listen to her arguement that I am. Ive even written the Govenor myself, as well as Presidents Biden and Trump. No response… ever.
I have filed a complaint against Daphne Totten with the State Bar about her lack of compliance with Rule 3.8. So far, the only thing to come from that complaint is she emailed my mom that she has passed it to the Effingham ADA. I still have not been assigned at attorney, nor have the courts been made aware of my innocence, which is a direct violation of notes 7 and 8 of Rule 3.8.
I filed a Writ of Man Damus with Effingham Court on October 27, 2022 in an attempt to inform the court of the situation (as Daphne Totten should have) and be assigned an attorney (as per Rule 3.8). They denied the writ on November 8, 2022, saying “Here, it appears that Petitioner seeks a Writ of Mandamus to compel the District Attorney to communicate with his family concerning the charges in Effingham Superior Court case #SUCR2016000274P, and to “remedy thr injustices….. promptly”. The Court notes that petitioner entered a negotiated plea in case SUCR201600027P on April 12, 2007. (Wrong date, by 10 years) As such, Petitioners case is closed, and the District Attorney is under no duty to communicated with the petitioners family. Accordingly, there is no relief that the Court can grant petiioner.”
Systemic failure at the Court level, of the District Attorney, and of the Police. Im honestly just waiting for Judge Wall to deny my habeas. I receive the June 22, 2022 transcripts on December 12, 2022, which began my 30 day legal brief window. Alamo Court received and filed my brief on January 5, 2023. Respondents 30 days started then, ending on Febuary 4, 2023. To date (Febuary 18, 2023) the respondent has filed no legal arguement against my Habeas Corpus, nor any extension. I imagine he will, which Judge Wall will grant because of her prejudice against inmate petitioners filing pro se. Is it right- hell no. But im not a person in these peoples eyes.
UPDATE: Judge Wall denied my Habeas Corpus in a blistering 6 weeks after I filed my petitioners brief. The respondant filed no counter brief to my claims, meaning I was uncontested. After reading the Judges final order, its painfully obvious that she did not read my legal brief at all. Furthermore, she pretends the Deputies testimony doesnt exist. Currently, my Certificate of Probably Cause is in front of the Georgia Supreme Court.

Im hoping change can come, so use any of my information as openly as possible. I want to be a catalyst for change. When I enlisted in the Army, I swore an oath to my country to defend it from enemies foreign and domestic. No one has relieved me of that oath.
Im a major fan for having public officals on record saying they will do something, because then they can be held accountable for their lies and inaction. I think Trump said something in The Art of the Deal about that, and how if they dont follow through with their duty then their opponents can use that in the next election or keep them from office and force them to go back to conventional 9-5. Send emails to Govenor Kemp, the President, news outlets…
Ive lost almost everything because of this. My son was born November 30, 2017. We’ve never met, and Chatham county used this conviction against me to strip me of my parental rights and allow his step-dad to adopt him. A decade of military service ended because of this. I have a car repossession and home eviction on my record now, as well as $35,000 in debt. Because I was still in the service when I went to jail, they demoted me from E5 Sergeant to E1 Private. 10 years of service, wartime deployments to both Iraq and Afghanistan, almost 7 years overseas.
Who can defend the American people when the peace officers that are supposed to “protect and serve” are instead allowed to create crime, punish, and enslave? A society cannot long remain free if we permit the law enforcer to offer more than an opportunity for transgression; a free society cannot and will not endure if it permits law enforcers to select people arbitrarily, and then proceed by deception to persuade, cajole, entice, and implant a law-breaking disposition that was not therefor present.
No person shall be convicted of any crime unless and until every element of the alleged offense is proven beyond a reasonable doubt and to a moral and reasonable certainty. The object of all legal investigation is, of course, the discovery of the truth, and the burden of proof rests upon the State to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt. There is no burden of proof whatsoever upon the defendant,  and the burden never shifts to the defendant to prove their innocence.
The object of Effingham Counties legal investigation is to obscure and hide the truth, with the burden being on the defendant to prove their innocence to every claim Effingham has. Notice the backwards nature? Why is it not only allowed to persist, but encouraged?
I find no ironic humor in the fact of a person who deployed in service to his country in war time not being allowed to enjoy his freedom that he defended, even with black and white text proof of his innocence by the officer who created the crime and is the states sole witness.
Thank you for ready, and any help. I’m tired. I just want to go home. I’ve done everything I can, and the system has failed at every level. I need help with exposure of this injustice.

(26 / 1)
The opinions expressed within posts and comments are solely those of each author, and are not necessarily those of Women Against Registry. Women Against Registry reserves the right to edit or delete any content submitted.
Leave a comment.