" New Evidence? 10 months after the drugs were found. If you will notice under the other Abernathy article, I said that a "frame job" is to easy to construct under the constructive possession laws. I am almost willing to bet, that this new witness has something to do with the other case pending on Abernathy. Just as I am almost willing to bet, that this new witness also has one if not all the following; charges pending, priors, probation. I am not buying, that ten months later someone comes in and says Abernathy confessed to them. Too convenient! This had ought to be interesting. "

" as much as it pains me to say, 85....you may be on to something IN THIS CASE. (note i said this case, not on anything else you may have said) i know how police forces in small towns work, it does seem rather convient that someone has "stepped forward" after all this time. i don't know if this new person has anything to do with the Giberson case, but i wouldn't be suprised if they have charges pending that will disappear after they testify. "

" Why is he still on the street? "

" So he abuses drugs & women, and apparently
will do anything to stall off going down for his charges. Who knows what else he has up his sleeve, to try & skin out of all of the mess he caused. "

" It is amazing to me the "State" as to this case only has found a "new" witness to bolster its case. People should question, who this star witness is, regardless of who the accused is or what he is accused of doing. The State's Attorney's Office has all the resource of the State and its police agencies and a full-time investigator and the current adminstration is just now finding this new witness? The Voters and citizens' should be ashamed that "new" evidence is coming to light on the eve of trial and ten months after the fact. This is not the first case where the current adminstration "finds" something new as a trial date looms.
"

" As to Mr. Tigerrose, when the State discovers "new" evidence on the eve of triasl the judge can usually do one of two things, one is to not allow the evidence to be introduced during the trial period! (A rule that is harsh in that relevant evidence maybe excluded) or option two Postpone the trial to give the otherside a chance to review the "new" evidence (the middle of the road approach). Under the Due Process clause of the Constitution the Government is not allowed to conduct trials by ambush turning over "new" evidence during the middle of the trial. It makes for great Perry Mason episodes, but violates the Due Process Clause of our most sacred document the U.S. Constitution for real court proceedings.

Dear Medic, according to the records of Coles County Circuit Court Clerk, Mr. Abernathy is being held without bond, in the Coles County Safety and Detention Center pending trial on this case.

"

" There is no way that lawn party on the court house lawn was spiritual. When they say hang Jason Abernathy give me a break! I dont know any church that works that way do you or maybe satan worshippers do. "

" Hey Todd - you've been around long enough to know the "state" - are you really amazed? Doubt it. You have seen how Stevie tries to railroad people. You should run again. "

" You know, I've been wondering why, as to the Giberson case, her house was demolished so quickly after it burned. I recall it being demolished within a couple of days after it burned. I've seen burned structures stay intact for months, but a crime scene? When arson is suspected?
Any ideas on this CHSGrad? "

" Incompetence? Frame Job? This Justice system really needs looked into! Why wasn't the crime scene protected? And of all the nerve, to insinuate that the second fire was also arson? Police should have been there. Good Job Charleston Police! Great crime scene preservation!

And to arrest Abernathy for attacking Gina, with no witnesses to contradict his statement, with a prior record like Gina carries with her...

Public record so here are her cases that can be accessed via www.judici.com under Coles County, or by going to the Circuit Clerk's office in Charleston, Illinois.

Gina Giberson

2000CF702-Had over 900 grams of methamphetamine, plead guilty to 400 grams.

Gina Smith

1994CF35-Manufacturing & delivery of cannabis

Gina Harrison

1996CM926 -Domestic battery reduced to battery.

1997CM901 -Domestic battery & Property damage.

1997CM1070-Domestic battery

1997CM718 -Domestic battery "



I am having very serious doubts as to this mans guilt!



"

" ok, 85, you've proved you know about judici.com.....lets see you list mr abernathy's offenses.....yeah, that's what i thought. "

" 85grad do you know either of these people. you keep bringing up her record but did you look at his? Dates back to 1991 with felonies. Starting at the age of 17. Aggravated Battery great bodily harm? Armed Robbery? Felon possesing a firearm? If memory serves me right I think he was prosecuted for severly beating a man with a pipe or ball bat. Regardless of the drug charge, I dont Gina beat herself into a coma that night. And I think one of the witnesses that they have in that case is his best friend! I agree everyone is innocent until proven guilty, but unless you can come up with someone else that was in that house that night, after he admitted to the fight, I think he did it. I dont think you should pass judgement on Gina unless you actually have all the facts yourself, everyone has a few skeletons in there closet that they are not proud but some people can change. "

" And you know domestic battery can be anything from pushing your spouse to beating them it does not take much to get that. I think Agg batt with GREAT bodily harm is not the same! "

" 85CHSgrad..that name? are you bragging or making excuses? I have serious doubts as to your level of intelligence. "

" I am a little curious also as to why it took 10 months to come up with a witness just one day before jury selection. With all the investigators they have and the detectives working on the case. I too believe that Mr. Abernathy is being railroaded or so it seems. I believe that with all the priors against the woman in the other case,one has to really ask yourself what would you have done if someone was swinging a bat at you trying to harm you, how would you have reacted to the situation? Some of these answers should be interesting!!!!!!!! "

" So, judging by the way the law reads today, Gina should have already been charged with Felony Domestic Battery (3) three times. Wow!

Fair is fair, so quit coming on here acting like you are delivering the closing statements at his trial, when it has yet to take place.

Very suspicious methods used by your State's Atty and Police Dept. "

" Oh and krusty, I don't have any doubts as to your level of intelligence. 0 "

" I'm not sure if it is ignorance or just plain vulnerable, I find myself wondering why, would you question one persons guilt just because of anothers convictions?
SORRY, can't help but wonder on that remark by 85CHGraD. "

" 85CHSgrad, since you're a busy guy, i'll help you out:

1991CF142 AggBattery/Great Bodily Harm
Charge amended/reduced to
Battery

1992OV703 Disorderly Conduct

1993CF19 Armed Robbery

2001CF399 Felon Poss/Use of Firearm
Unlawful Use Weapon/person
2nd
Agg Assault/Deadly Weapon

all that being said, past acts aren't really an indicator of guilt or innocence. i just think that since you keep bringing up ms giberson's past, you should present mr abernathy's too. "

" I think the United Nations should consider moving to Coles county. After all we have the answers to everything right here in east central Illinois, right here of the jg-tc website. This is a classic example. Some of us know the results of a trial before it even takes place. "

" Hmmmm....let's see here. He is out on bail for a drug charge. Allegedly beats a woman almost to death. SURPRISE! Her house catches fire. Then catches fire again after he is back behind bars. Seems obvious to me that if he is the one responsible, he has someone else trying to look out for him by making sure any evidence is wiped out. Now, would you want to admit that you knew anything about the crime? Sometimes it takes a while to get over the fear enough to come forward. "

" for some reason chsgrad has it in for gina. i agree with pj - why not list jasons past charges? maybe there's not enough memory on his(?) computer.... "

" oh, 85CHSgrad, i'm still waiting for the citation about illinois law and protests/demonstrations on state property. i know you're a busy guy and all, i mean look how much time you spent digging up dirt on Ms. Giberson. but i took some of your workload, i looked up mr abernathy on judici.com and posted it here so you wouldn't have to. :D anything to help out. ;D "

" I hate to say it, but I have to agree with grad85 on most points. Before you start attacking me, let me explain. The newspaper only putting out his past, is prejudicing the community. The Courthouse deal, was to prejudice the community. I don't know about illegal tho? I think all those Domestic Batteries on her should be out here for everyone to see. I think that fits into this case as well as Jason's past. Don't you think that the crime sceen should have been watched until done investigating? I also agree that the new witness is just plain outrageous.
There is so much prejudice against this man and I can see it. Look at you wolves attacking people on here just for their opinion. I watched the other comment page, and nobody could really argue what grad85 had to say. All the way down to the brain contusions. Even ol' Early Bird had to just agree to disagree, and that is saying something.
No attacks please, I have mace.lol "

" Nice piece of writing amvet. I totally agree that there is too much one-sided stuff on here. I asked a question on here earlier and I quote, "If you would have happened to be in Mr. Abernathy's place that night and a woman came at you with a club swinging, What would hgave done and be truthful with your answers!!! Bet there won't be many answers here! The people that are doing all the trash talking weren't there, were you? But it's funny to me you have all the answers. You are pitiful.really pitiful "

" amvet1361: I am guessing the reason they aren't bringing up her past charges is because HELLO....SHE IS THE VICTIM IN THIS CASE!!! She is the one who was beaten into a coma. She is the one who is still trying to heal from that night. It's kinda like saying someone deserved to be raped because she was dressed provocatively. Get a grip, people, and stop blaming the victim. This is exactly the kind of mentality that keeps victims of domestic violence from leaving their abusers. To all of you people who feel so sorry for Mr. Abernathy...I hope he never dates your daughters or your sisters. You may not pity him so much if he were to beat someone you love into a coma. "

" 4 Domestic Battery's on Gina Giberson, is showing me a pattern. You had all better take a good look at her record again. Like it or not, it is relevant. Even more relevant than Abernathy's past. That is why 85CHSGRAD keeps putting it out there. All you people seem to just overlook that Gina has been found guilty of attacking her partners 4 times over the years. Indeed that was what Abernathy said happened. Will be up to jury to decide. Not all of you on here. Even the chsgrad can't control a jury. It is looking like grad has you all under control though. Keep up the good work 85grad. I like hearing the other side of the story! "

" TheAnswer wrote on Mar 7, 2008 3:00 PM:
" 4 Domestic Battery's on Gina Giberson, is showing me a pattern. You had all better take a good look at her record again. Like it or not, it is relevant.

*******

and so her record as being a pattern may have had him battling for self defense? and he felt his life was that much in jeopardy, so putting someone in a coma was the only way he could have saved his life?
you're one of those conspiracy theorists, aren't you? you also believe in the easter bunny, right? "

" There is no institution in America that is a greater failure than the criminal justice system. The system can do nothing but fail, because the search for truth and justice plays no part in the system. The prosecutor’s career depends on his conviction rate, not on discovering the guilt or innocence of the accused.

The criminal justice system today consists of a process whereby a defendant is coerced into admitting to a crime in order to escape more severe punishment for maintaining his innocence. Many of the crimes for which people are imprisoned never occurred. They are made up crimes created by the process of negotiation to close a case.

This takes most of the work out of the system and, thereby, suits police, prosecutors, and judges to a tee. Police do not have to be careful about evidence, because they know that no more than one case out of twenty will ever be tested in the courtroom.

Prosecutors do not have to make decisions about which cases to prosecute or risk losing cases. By coercing pleas, prosecutors can prosecute every case and boast of extremely high conviction rates.

When prosecutors had to decide which cases to prosecute, they had to examine the evidence and to investigate the defendant’s side of the story. No more. The evidence seldom comes into play. In place of a determination of innocence or guilt, prosecutors negotiate with lawyers the crimes to which a defendant will enter a plea.

Prosecutors have lost sight of innocence and guilt. What we have today is a conveyor belt that convicts almost everyone who is charged. Every defense attorney knows that today prosecutors can purchase testimony against a defendant by paying a "witness" with money, dropped charges, or reduced time to testify against the defendant. Many prosecutors become highly annoyed at any disruption of the plea bargain conviction process. A defendant that incurs the prosecutor’s ire is certain to be framed on far more serious charges than a negotiated plea.

Going to trial is no guarantee that an innocent person will be acquitted. Prosecutors routinely withhold exculpatory evidence and suborn perjury. Generally, jurors trust prosecutors and are unaware of their inventory of dirty tricks. Few jurors can tell the difference between bogus evidence and real evidence. For example, psychologists and criminologists have established beyond all doubt that eye-witnesses are wrong 50% of the time. Yet, jurors usually believe eye-witnesses unless they think the witness has it in for the defendant and is lying.

Coles County is a great example of the above! Finding "new" witness 10 months later! What a joke!
"

" Although I don't condone his actions, here is a news flash to the ladies: keep your hands to yourself. Gone are the days that men have to put up with your abuse. He should have just stopped; cooled down, called the police and had her arrested for battery. His mistake was reacting to her abuse; a very common ploy of abusive women. "

" I agree Lilly,but sometimes people don't have a choice as what to do in a situation like this. Pure instinct takes over and you are fighting for your life. If someone was coming at you with a ball bat, the first thing that comes to your mind is self-defense. There are two sides to this story and we are just hearing one side. There are alot of men being battered these days and most of time the men won't report it. That is one reason I believe that all of the priors of Domestic Battery against the woman in this case is revelant and should be listened to. "

" Curiiosity you stole my "what a joke" punchline on a different page! "

" google this;

"No. 6228790. Commission No. 07 SH 74. FILED - August 8, 2007"


Very interesting methods!!! "

" chsgrad, what does one bad lawyer have to do with your repeat felon? "

" Dishonesty, and misrepresentation from our State's Atty? Stealing/Tampering evidence? I think it has alot to do with this case! There is nothing beyond the State's Atty's Office! "

" I have to agree with pj1983. And why is CHS grad so obsessed with defending a habitual repeat felon? I still say there is something personal going on here. "

" You know chs grad is just saying there are two sides to every story. But all some of these people are just telling Jasons past not hers and its very important how shes acted in the past also. "

" You people are pathetic!! To think that Jason Abernathy is going to FEAR for his LIFE because Gina Giberson, who is HALF his size, is coming after him with a ball bat. Let alone, BEAT HER INTO A COMA!! As in, she was hit in the head at least 12 times, that is not survival kicking in, nor is it self defense. Self defense is no longer a relevant defense once he took the bat away from her. What was he defending himself from at that point? I am so sick of everyone trying to list her past and his past. The present is the PRESENT!! We seem to have lost sight of the here and now. I am not at all surprised by the tactics of our current State's Attorney's Office. Corruption is taking place in there as we speak. And as far as this drug case, I am surprised they are not tracking it with the aggravated battery, so that they can eventually offer him a plea deal to drop the drug charge in exchange for a plea to a lesser charge in the aggravated battery case. "

" According to Judici.com we're not talking about the pillars of the community. I don't think the supporters of either side has much of a leg to stand on, in their support of these two characters. But athe past "

" According to Judici.com, we're not talking about the pillars of the community. I don't think the supporters of either side has much of a leg to stand on, in their support of these two characters. But the past is really not relevant, and this case should be tried in court, not on this site. One side or this other is not going to be happy when the results are finally in, so I guess we need to be prepared for gnashing of the teeth over this. And of course, a complete rehash of all the cases from the last few years from our friend, CHS grad. Perhaps we can get all the parties involved set up with a group hug when this thing is finally over, but please leave the ball bats at home. LOL "

" I can't believe what one of our own States Attorneys was doing with that evidence. I am really starting to wonder what grad may be on to here in Coles County. That is a disgrace! That is just one instance of being caught. It is hard telling what really goes on in that office. Personally I believe the grad has raised some very valid points on all fronts. "

" Please don't associate me with either party. This case here is just an example for me. I am interested in the Coles County Courthouse for inconsistent sentencing, prejudice, cases with no evidence, framing people, terrible investigative skills, tampering with evidence, coercing witnesses, one-sided stories to media as to influence jurors, etc.,etc.! The entire court system! However, most of it starts with our State's Atty. He needs removed this up coming election. "

" Tuesday, March 11, 2008 9:58 PM CDT
Fourth domestic battery conviction results in 5-year prison sentence.

CHARLESTON — A Mattoon man was sentenced to prison for his fourth felony domestic battery conviction.

David J. Johnson, 38, 508 DeWitt Ave., was sentenced to five years in prison on an aggravated battery charge.

Sent him to prison under the Gina Giberson clause. Tell me her past is irrelevant!


Also would like a little more than a "no comment" from the State's Atty on why Longwell is no longer with the office. Wonder what he was caught doing? "

" Maybe Longwell was tapping his foot in the Courthouse Bathroom stall? lol "

" Maybe Gina Gibberson and David Johnson can start their own twisted relationship. Both of them have Domestic Battery in common. All we have to do first is get Abernathy out of the way. And it is so reasonable to assume by his past that Abernathy just needs prison wether he was attacked or not. Though there is a good chance Abernathy isn't lying about being attacked. Gibberson is more than likely going to get by with her 5th Domestic Battery. This meth case on Abernathy is pretty fishy also. "

" You people are UNBELIEVABLE! Gina Giberson is NOT the on trial here and neither is her past. I'm pretty sure I read that Abernathy took a bat from someone's house before Ms. Giberson was beaten into a coma. And some of you are acting as if her past is relevant, but Abernathy's is not. Her past is not relevent because SHE IS NOT THE ONE ON TRIAL....HE IS! His past should be the one taken into consideration since he is the accused...and his past is extremely violent. Unbelievable. "

" Come on Daisy, are you really expecting to see anything on this particular thread that makes a bit of sense? According to some on here, the defendant is a model citizen. If he is under 40, they act like he should be on that list of honored folks. "

" Ok people, enough is enough. No one has said Mr. Abernathy is a Saint. We have all done things in our past, this does not make us bad people, it makes us bad decision makers. I think a lot of you are forgetting that both these party’s are Human beings, they both have feelings, they both have families who love them. I learned in school “innocent until proven guilty”. I know in this case it seems easy to judge, but things are not always as they appear. God help them both. "

" Thursday, March 13, 2008 5:50 PM CDT
ARDC: Former Coles asst. prosecutor may be disbarred




5:08 p.m. CHARLESTON — A former assistant prosecutor was contemplating voluntary disbarment following allegations he stole marijuana from a Coles County Sheriff’s Department evidence locker, said an Illinois Attorney Registration and Disciplinary Commission official.

AND THE PLOT THICKENS!!! Why is this just now being printed? Corruption!!! "

" Probably a conspiracy between the paper and Ferguson's office, right CHS grad? I'll bet old Harry and Steve stayed up late working on this one. Your posts are getting more bizarre by the day, CHS grad. "

" Sorry EB, but my post was right on target!!! "

" Fat Stevie"what a joke"Corruption!!! Corruption!!! Corruption!!! prosecutor was tapping his foot in the Courthouse Bathroom stall? lol "
State's Atty's what a joke,I have serious doubts as to your level of intelligence "

" If you think the office is corrupt now, wait and see if a certain character get in, and I'm not talking about the tree hugger odd ball either. "

" I think anyone other than Ferguson could do a better job from what Ive seen. Ive got a seven year old that could do better. "

" Your assessment of the job Ferguson is doing wouldn't have anything to do with the fact that your boyfriend is the one in question would it, Deanna T.? One would have to question your objectivity. "

" I doubt it Harry im 53 years old and dont date im married 35 years . So try again sport. I believe Jason is innocent and think he is being railroaded by the states att. office because of his past and if youd read these comments im not the only one. "

" Wow!!!!That EB & HP should keep their mouths shut!! They have no clue what's going on. IDOIT'S! And you Harry making that kind of statement to Deanna T.---That just showed your intellgence.O!!!!!! "

" That EB & HP should keep posting, they rock!
Sorry to rain on your super silly sleuth's parade.
Yall are originally from Mayberry, right? "

" You know harry the way youre talking i think maybe youre a close friend of the gibersons or boyfriend so that explains why you said what you did. "

" I am so appalled at the comments that have been on this archive about Gina. Yes, Gina had a record, and it wasn't a very pretty one. In this case, Gina had been dating Abernathy. But prison cleaned her up, ans when she found he was using drugs again when he was supposed to be clean...she broke up with him...kicked him out of her house. He had already made several frightening threats to her, even threated to take her out and cut her up for the wolves. She was afraid of him, and not just of him, his family, too. She kicked him out of HER house, which SHE owned. She got a job, met new friends, and he kept coming around her. On the night in question, she was at home in HER house, in HER pajamas, had just got home from work not minutes before, and he broke into her house and began his assault...largely because if he couldn't have her then no one else would. HE brought the baseball bat to the house with HIM, and HE used it to beat her into a coma that lasted more than 3 weeks. She didn't fall on anything, and if anyone of you saw the xrays as I did, or the pics of her beautiful face turned black and swollen to the size of a soccer ball...well you would know that she didn't FALL and hit her head, and he did not sustain any injury that was made by her swinging a bat. According to testimony, HE even asked his brother to bring him gas and a chain saw, and though it's speculation, I believe his plan was to cut her up and burn the evidence. She either came to for a time, had a last minute change of heart, or panicked. In any event, my sister was the VICTIM here, despite any of her irrelevant past that had nothing to do with this. He had made many threats to these designs on her and when she refused to let him back into her life...he went berzerk. She has lost her memory, her home, everything she ever owned, her pictures, her sense of safety, and her ability to do many of the things shd did before. She suffered a very truamatic brain injury that left us worried to death from day to day if she would even ever be able to wake up.

He should never have been out of prison from his last violent offence. Gina had served her time, did her rehab, and was working towards getting close to her kids again after so long of an absence. She is definitely not perfect, but she definitely did not deserve ANY of this.

AS for Deanna T., I am a relative, and I have had close communication with the family and the investigators in this case. Abernathy had gas on his shoes...and Gina was wet with Gas when she was brought to the hospital, her injuries were well beyond falling on a table. He tried to burn her and her house down, why he stopped is the question...the baseball bat wasn't Gina's, he had either stolen it and brought it with him, or had someone bring it to him. If she swung it on him at all it was in self defence. He didn't even have a right to be at her house at that time of night, or any time for that matter. Abernathy being railroaded...my God..he's a street meth head with a penchant for violence who had convinced Gina he had changed hsi ways. Any of you that believe Abernathy is innocent...well you are misguided, blind, obtuse....or just plain stupid. "

" You know what sherry your sister has had a very bad past too. And i havent seen anything saying jason had anything to do with that fire its just mouths like yours that start stupid crap like that and your sister wasnt as innocent as you are trying to portray her even after she got out of jail. So maybe you dont know everything like you seem to think. "

" We Won. SO MUCH FOR THAT TRUMPED UP WITNESS THE STATES ATT. TRIED TO PULL FROM HIS REAR. TWELVE JURORS SEEN RIGHT THROUGH IT. THEY WERE GREAT AND WORKED ON THE EVIDENCE THAT THEY HAD AND JASONS FAMILY AND FRIENDS ARE SO GRATEFUL TO THEM. "