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PCR Exhibits - Alaska State of Corruption

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Exhibit 16<br />

EXCERPT OF RECORD PROVING MURPHY & GIBBENS<br />

RODE AROUND TOGETHER DURING HAEG'S CASE<br />

[TR 1262]<br />

MR. ROBINSON: Before we get going again I think we’re going to need about a 10-minute<br />

break.<br />

THE COURT: At least. I have to get to the store because I need some….<br />

MR. ROBINSON: So why don’t we take long enough to go to the store and….<br />

THE COURT: Get some diet Coke. And I’m going to commandeer Trooper Gibbens and his<br />

vehicle to take me because I don’t have any transportation.<br />

MR. ROBINSON: All right.<br />

THE COURT: All right, Trooper Gibbens<br />

TROOPER GIBBENS: Well, yeah.<br />

Exhibit 17<br />

DEFENDANT’S REPLY TO OPPOSITION TO MOTION TO DISMISS INFORMATION<br />

May 6, 2005<br />

…There is another piece <strong>of</strong> evidence that needs to be addressed. At the time the first<br />

amended information was filed there was no plea between defendant and the state. As is revealed<br />

in Mr. Haeg’s affidavit, there were plea negotiations that took place between the parties before<br />

the filing <strong>of</strong> the information but the parties failed to carry out any plea agreement. During the<br />

plea negotiations defendant made statements to the police that were recited by the prosecutor in<br />

his statement in support <strong>of</strong> the amended information.<br />

The significance <strong>of</strong> this fact is that defendant’s statements made during plea negotiations<br />

that do not end in a plea agreement are not usable in any judicial proceeding, including the filing<br />

<strong>of</strong> an information (See Evidence Rule 410). Yet the prosecutor used these statements in support<br />

<strong>of</strong> all three informations in violation <strong>of</strong> the evidence rule.<br />

DATED at Soldotna, <strong>Alaska</strong> this 6 day <strong>of</strong> May 2005.<br />

118

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