PCR Exhibits - Alaska State of Corruption

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HAEG: So there’s no chance of Chuck Robinson and Brent Cole talking to him without you knowing about it OSTERMAN: No. We will be tuning this brief up. HAEG: Well see this is what kills me – is I came in here and told you that I’d been – I felt that I’d been screwed by two attorneys and I’ve done all this research and I had all this evidence and case law…and I don’t see any of that in here and if – if now you’re saying you want my input in here well I’ve… OSTERMAN: I wanted to hear… HAEG: … given you from the beginning my input. OSTERMAN: The Strickland test is the test that every - every court goes to - to function on ineffective assistance. There is not an ineffective assistance case that does not focus on Strickland. And the first thing Strickland says is you have to look at the overall totality of the circumstances or totality of the performance by the attorney as contrasted against… HAEG: Or attorneys… OSTERMAN: …or attorneys as contrasted against what a normal routine attorney would do. HAEG: It’s so vastly different. It’s unbelievable what would happen. OSTERMAN: I cannot input ineffective assistance to Chuck Robinson. HAEG: (exasperated laugh) Why not OSTERMAN: Cause it’s not his performance. HAEG: You want to bet OSTERMAN: It is not his performance. His failure to act against Cole is malpractice. HAEG: Isn’t that equated OSTERMAN: No. HAEG: Chuck has an obligation to utilize all legal defenses for me, correct That’ll help me OSTERMAN: No. 174
HAEG: Ok. OSTERMAN: He’s obligated to the standards of an attorney under the circumstances. Under the circumstances how many attorneys would jump up and point the finger at Cole and say “ineffective assistance” HAEG: Every attorney. OSTERMAN: See he can’t do anything. If he stands… Look Cole… HAEG: Anytime he realized it he should have said it. And what got… What’s goanna come back and eat Chuck’s lunch is when he said he had no obligation to utilize any of that. And I believe both of you were there when he said that with two tape recorders running. OSTERMAN: See I don’t think he has an obligation. HAEG: He has every obligation to tell me the defenses I have. And he deliberately mislead me and didn’t tell me and then when I brought it up he says “oh well I don’t have to tell you that” and “an attorney has no obligation to tell the client the truth about the law”. He actually told me that. OSTERMAN: I think that’s a little too far fetched. HAEG: Well I’m thinking that’s real far fetched. And then when he -uh- anyway you know and then when I [subpoena] Brent Cole to be there to testify that I had done all this stuff for this rule 11 agreement… OSTERMAN: Mm hmm. He doesn’t show. HAEG: And Chuck Robinson tells him he doesn’t have to show. OSTERMAN: Mm hmm. HAEG: Is that my right or is that your right OSTERMAN: Bear with me – it’s not an issue in this appeal. _____________________________________________________ OSTERMAN: He didn’t tell you that whatever you said would be admissible HAEG: Well and truth be told they couldn’t have been used against me according to Evidence Rule 410. OSTERMAN: Yeah. But they were. 175
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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
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Haeg: ... I was out to lunch. Robin
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___________________________________
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Haeg: I just wasted a whole bunch o
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Haeg: Him essentially selling me ou
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stood up for my deal and I wanted t
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Haeg: by me and Leaders the judge d
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was a bad guide”. Well what the h
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ROBINSON: Well I don’t know who y
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Why were you flying to McGrath Did
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5. As soon as Mr. Leaders successfu
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9. Should we also point out Leaders
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RETURN I served the above subpoena
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Exhibit 16 EXCERPT OF RECORD PROVIN
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Exhibit 18 Trooper Gibbens sworn te
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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 144 and 145: out. You bring that up and it will
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 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
Page 194 and 195: e on the record and when I get to t
Page 196 and 197: Mr. Osterman: Well things that were
Page 198 and 199: Mr. Haeg: - no it's what I have pro
Page 200 and 201: you a permit to go shoot wolves wit
Page 202 and 203: not going to work effectively. The
Page 204 and 205: Mr. Osterman: Listen Mr. Haeg: ...
Page 206 and 207: wheeled out this tape see and then
Page 208 and 209: Mr. Haeg: Hey. Hey Mark you know wh
Page 210 and 211: Mr. Haeg: I didn't mention that I k
Page 212 and 213: Mr. Osterman: Well I know you tape
Page 214 and 215: Mr. Osterman: Mm hmm. Mr. Haeg: Wel
Page 216 and 217: Mr. Osterman: The other issue that
Page 218 and 219: Law Office of Mark Osterman 215 Fid
Page 220 and 221: already notified the Governor becau
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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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