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PCR Exhibits - Alaska State of Corruption

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Mr. Osterman: I want you involved.<br />

3/20/06 MEETING<br />

Attorney Mark Osterman, David Haeg,<br />

Greg Stoumbaugh, Jackie Haeg, & Cassie Haeg<br />

OSTERMAN: Ok we have to review the transcripts <strong>of</strong> trial.<br />

HAEG: Ok.<br />

OSTERMAN: Second –um- after that we got to develop a timeline in the evidence -<br />

whether there were issues <strong>of</strong> motions that should’ve been or could’ve been<br />

brought that weren’t –um- whether there were –uh- the big one the big<br />

give away the ineffective assistance by your first attorney. No doubt<br />

about it. And then second we got to make a strategic move. Let me explain to you we've raised<br />

the issue between <strong>PCR</strong> and the appeal. <strong>PCR</strong> is like the ace in the sleeve. We only pull that ace<br />

out when everything else fails, ok<br />

HAEG: Can you but don’t you have to use – to utilize ineffective assistance <strong>of</strong> counsel<br />

don't you have to go back on a <strong>PCR</strong> to – to go back into the original trial<br />

OSTERMAN: Well yeah but see <strong>PCR</strong> is a post conviction relief that has a – I believe it's<br />

a two year limitation where as the appeal you filed for has a 30 day limitation. So to claim <strong>PCR</strong><br />

we've got a while to go you yet and we should expect and anticipate with proper filing before the<br />

Court <strong>of</strong> Appeals you'll have an answer back before the two years is hit but if your appeal is<br />

pending for that period <strong>of</strong> time the <strong>PCR</strong> time folds.<br />

HAEG: Ok.<br />

OSTERMAN: But the issue is if we deal with <strong>PCR</strong> ineffective assistance now are we<br />

likely to get a reversal by the Court <strong>of</strong> Appeals And I think the likelihood is yes. I think<br />

when the Court <strong>of</strong> Appeals sees the sell out...<br />

HAEG: Ok.<br />

136

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