PCR Exhibits - Alaska State of Corruption

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out. You bring that up and it will –uh- I think the appellate court has to look at that. And I guess I should let you know that they have a great deal of the stuff that I’ve already given you. Because when Chuck Robinson started going “well I don’t have to look at anything Brent Cole did, everything no matter what he did doesn’t matter” – I know understand that’s absolutely a lie. OSTERMAN: Well… HAEG: I mean you can’t have your… OSTERMAN: Bear with me for a second. David I – I don’t disagree with you. HAEG: Ok. OSTERMAN: Now I’ve been pushing my staff to get the draft completed as quickly as possible because I want to make sure we have more then ample time to deal with some of the issues that you’ve got. HAEG: Yep well I guess I would just like to be able to -um-… OSTERMAN: I don’t want you to input anything at this point. HAEG: Ok well then are you – I mean are you also making a claim that my first and second attorney[s] had actual conflicts of interest OSTERMAN: I’m not goanna claim that the second attorney had a conflict of interest of any kind. HAEG: Why not (10:13) OSTERMAN: Because the issue of conflict of interest is a right of malpractice. Ok. HAEG: Yeah well if your own attorney’s lying to you – I have not even found – I have not found yet where an attorney was lying on a pretty sustained basis to his client. My case of ineffective assistance of counsel and automatic prejudice is greater then any I’ve found yet. OSTERMAN: Bear with me for a second. HAEG: Ok. OSTERMAN: You’ve gotta take a look at did – was there any particular conduct of the attorney during the course of trial – trial not pretrial –trial that was so eggregarious – it’s so –uh- HAEG: Doesn’t have to be trial. OSTERMAN: Huh 144
HAEG: Does not have to be trial. OSTERMAN: Oh I think you better go back to the Strickland criteria. HAEG: Nope not at all. OSTERMAN: The Strickland’s focus is on the subjective review of the attorney’s conduct. It - it basis it upon –upon objective criteria. HAEG: Has no – it can be pretrial or anything. Let me just find one here you. This is why I’d like to kind of come in and - and –uh- OSTERMAN: Your not – bear with me for a second. We’re not ready for you. HAEG: Ok. OSTERMAN: We’re ready… HAEG: I just… OSTERMAN: … when we’ve got a draft in hand that has the spelling in it corrected – that we want you – that we’re ready for you to see and take home and digest and then come back with us. Sit down in meeting form and deal with – where you think the issues are deficient. You’ve got to remember number 1 you may know the law sir but you have the inability to hang a shingle. HAEG: You know and I guess you got so of the information but most of what’s wrong happened not in the trial. And that’s my – I guess my fear is that if we just look at what happened at trial Chuck Robinson is a – is a fantastic attorney. If he wants to manipulate a client – he is one of the best people maybe in the business for doing so. And I don’t know did – have you seen some of the stuff that I taped – the conversations I’d taped with him - or did I even give you those You know when he can tell me that it’s effective assistance of counsel to have my own attorney lie to me that we can’t even -um- ask the court to uphold a rule 11 agreement for which we’d given up a whole year of our income, had given them –uh- information that allowed them to over double the amount of charges, and spent 6 thousand dollars just for -um- and old case that had been closed to enhance my sentence. And he said that we can’t even – there’s no way for us to – to try to uphold it. And then when I said, “could I try to ask the judge,” he says, “well that judge would have told you ‘anything you say can and will be used against you’ and that would have been it.” Well is that really what would have happened when I told that judge that “for this rule 11 agreement my wife and I had given up a whole years income” 145
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Exhibit 1 AFFIDAVIT FOR SEARCH WARR
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the GPS, or to mark the locations o
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Haeg complains that I suborned perj
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11/11/04 Recording of Cole while he
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Cole: The thing that was taken away
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you to protect my interest. I know
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Cole: I don't know why he didn't do
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Cole: Well I - I that's a difficult
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Cole: But the only thing the DA sai
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Cole: Do you remember me telling hi
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Program -um- and initially I was la
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Creek, take kids out of school, peo
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Fitzgerald: That was really my firs
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saw someone that if the State wante
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the attorney client privilege and I
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Haeg: ...think of a better way. -Um
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Cole: In the past. Was. That's righ
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Shaw: Mr. Haeg. Haeg: I'm sorry. Be
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tell me." "Well I'm not happy they
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Haeg: Ok so he changed his mind bef
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Cole: "On Monday, November 8 th you
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Cole: You thought it was. I didn't.
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Exhibit 5 EXCERPT OF HAEG’S IMMUN
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Exhibit 7 ZELLER’S IMMUNIZED STAT
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Trooper Gibbens: I don’t remember
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Exhibit 9 November 4, 2004: In the
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All of which is a Class A Misdemean
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wolves sealed. Haeg provided the in
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Exhibit 10 November 8, 2004: DAVE H
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Exhibit 11 November 8, 2004: In the
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Count IX That on or about March 26,
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On 3/22/04, Haeg and Zellars flew a
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Count V That on or about March 23,
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After calling in the report, Haeg a
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Exhibit 13 PROOF, WHICH IS STILL IN
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Both men have pleaded not guilty to
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But the state’s controversial pre
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Exhibit 15 RECORDINGS OF ROBINSON 7
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Robinson: Yeah I told you ... Haeg:
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Robinson: And so... Stoumbaugh: He
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Robinson: But that doesn’t addres
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Robinson: Listen what I’m saying
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Robinson: Yeah he told me about tha
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Robinson: I’m sorry David Haeg: a
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Robinson: Because after I had Joe i
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Haeg: Ok well the malpractice that
Page 94 and 95: Haeg: ... I was out to lunch. Robin
Page 96 and 97: ___________________________________
Page 98 and 99: Haeg: I just wasted a whole bunch o
Page 100 and 101: Haeg: Him essentially selling me ou
Page 102 and 103: stood up for my deal and I wanted t
Page 104 and 105: Haeg: by me and Leaders the judge d
Page 106 and 107: was a bad guide”. Well what the h
Page 108 and 109: ROBINSON: Well I don’t know who y
Page 110 and 111: Why were you flying to McGrath Did
Page 112 and 113: 5. As soon as Mr. Leaders successfu
Page 114 and 115: 9. Should we also point out Leaders
Page 116 and 117: RETURN I served the above subpoena
Page 118 and 119: Exhibit 16 EXCERPT OF RECORD PROVIN
Page 120 and 121: Exhibit 18 Trooper Gibbens sworn te
Page 122 and 123: Exhibit 20 56 QUESTIONS FOR BRENT C
Page 124 and 125: 28. What was your response 29. Do y
Page 126 and 127: Exhibit 21 TROOPER GIBBENS FALSE TE
Page 128 and 129: Exhibit 24 TAPE RECORDINGS OF OSTER
Page 130 and 131: een a government wacky and she has
Page 132 and 133: plus the losses you had sustained a
Page 134 and 135: Mr. Osterman: Well you got - you go
Page 136 and 137: Mr. Osterman: I want you involved.
Page 138 and 139: OSTERMAN: Ok. (indecipherable) HAEG
Page 140 and 141: HAEG: Ok. OSTERMAN: Because lets fa
Page 142 and 143: OSTERMAN: Mm hmm. HAEG: He knew but
Page 146 and 147: OSTERMAN: You’ve - bear with me f
Page 148 and 149: HAEG: Yeah. OSTERMAN: …and the mi
Page 150 and 151: OSTERMAN: Yeah they’re talking ab
Page 152 and 153: HAEG: Got him on tape saying, “no
Page 154 and 155: OSTERMAN: They give it to us. You d
Page 156 and 157: things that have to be done yet to
Page 158 and 159: OSTERMAN: Sure. HAEG: And now it lo
Page 160 and 161: OSTERMAN: No. HAEG: Why not OSTERMA
Page 162 and 163: HAEG: Yeah there’s was none. OSTE
Page 164 and 165: HAEG: No it aint. That - that issue
Page 166 and 167: HAEG: How long did we have the open
Page 168 and 169: OSTERMAN: Well that’s what happen
Page 170 and 171: looked like you know your - I mean
Page 172 and 173: OSTERMAN: Ok. So Chuck’s screwed.
Page 174 and 175: HAEG: So there’s no chance of Chu
Page 176 and 177: HAEG: So I don’t even see why he
Page 178 and 179: HAEG: How come I have Supreme Court
Page 180 and 181: OSTERMAN: Right if a crime happen w
Page 182 and 183: OSTERMAN: Not necessarily no. HAEG:
Page 184 and 185: Mr. Osterman: What does that mean M
Page 186 and 187: Mr. Osterman: No kidding. That's ex
Page 188 and 189: Mr. Osterman: Well you didn't the o
Page 190 and 191: carelessness or negligence but thos
Page 192 and 193: Mr. Osterman: Well you're not deali
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e on the record and when I get to t
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Mr. Osterman: Well things that were
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Mr. Haeg: - no it's what I have pro
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you a permit to go shoot wolves wit
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not going to work effectively. The
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Mr. Osterman: Listen Mr. Haeg: ...
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wheeled out this tape see and then
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Mr. Haeg: Hey. Hey Mark you know wh
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Mr. Haeg: I didn't mention that I k
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Mr. Osterman: Well I know you tape
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Mr. Osterman: Mm hmm. Mr. Haeg: Wel
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Mr. Osterman: The other issue that
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Law Office of Mark Osterman 215 Fid
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already notified the Governor becau
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or counsel's continuing representat
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defense and should promptly comply
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ing up that there was a Rule 11 Agr
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228
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MAGISTRATE WOODMANCY: Ok and -uh- f
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MR. OSTERMAN: -Uh- Mr. Haeg you had
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the same as hunting a deer out in t
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I've ever seen in my life. I have r
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MR. OSTERMAN: Well not necessarily
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MR. OSTERMAN: I already told you th
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information provided by Mr. Haeg -u
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MR. OSTERMAN: Well I - you know aga
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MR. HAEG: Ok and did he state how m
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JACKIE HAEG: Yes he was - very. MR.
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JACKIE HAEG: Yeah he felt the he -
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to him along with the tons of casel
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MR. HAEG: Because when I paid him h
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we could have something we could li
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EXHIBIT 26 STATE OF ALASKA 14 PAGE
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conviction of a pro se defendant. M
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his right to an attorney, he cannot
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IV. Conclusion Based on the forgoin
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Tamara Russell, Psy.D., MHC IV Lice
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Haeg: If you made a Rule 11 Agreeme
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Fitzgerald: I - I don't know how to
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Fitzgerald: Yeah that's what I'm sa
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statement made during plea negotiat
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were using. They also found a spent
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She also revoked Haeg’s guiding l
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makes it a crime for any person lic
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Haeg claims that Judge Murphy faile
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At sentencing, the State is allowed
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Once the case was remanded, Haeg
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To support his claim under Alaska
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Exhibit 32 JUDICIAL COMPLAINT DISMI
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292
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Exhibit 34 ABA BAR EXAM QUESTIONS A
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selling their boats to avoid forfei
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ear arms). B. The Second Variable -
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Exhibit 35 SUCCESSFUL INEFFECTIVE A
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to a defendant that it constitutes
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United States v. Hernandez, 450 F.
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Nance v. Ozmint, 626 S.E.2d 878 (S.
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Instead, Haeg said, when he asked t
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PCR Exhibits - Alaska State of Corruption

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