PCR Exhibits - Alaska State of Corruption

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Cole: But the only thing the DA said is "if he is not goanna give up his plane then I'm going to change this from 720A08 to 720A15" which he did the very next morning anyway. Malatesta: Make sure I don't mix it up. You had an agreement regardless of what all the parameters were you had an agreement with opening – Cole: the options. Malatesta: Right all the options you had an agreement with an open sentence and basically the DA backed out. Cole: RIGHT. Cole’s Sworn Fee arbitration testimony 4/12/06, 4/13/06, 7/11/06, and 7/12/06 Cole: He killed a number of wolves outside the area. Nobody knew about it except the DA, myself, some of the troopers and I thought – I thought he was going to receive a significant punishment because it made the governor look bad, it made the executive branch look bad, it put in - at risk the whole wolf hunting - airborne wolf hunting policy. Haeg: Ok when I asked Brent Cole if I could have tried to get the magistrate to enforce the Rule 11 Agreement he replied quote, "She would have told you anything you say can and will be used against you and that would have been the end of it". When I insisted that Brent Cole try to enforce the Rule 11 Agreement he stated quote, "I can't force Leaders to do anything because after you are finished I still have to be able to make deals with him". During a meeting with Brent Cole & Tom Stepnosky on 11/22/04 - and that's a tape that we – my wife transcribed and I don't know if we can admit that or how that works but Shaw: Mr. Cole have you looked at that Cole: -Um- I – my recollection and I'm not sure about this is that this was taped without my knowledge and so I don't know that I've ever heard this tape. So I don't know. Shaw: So you've got an objection to its admission Cole: Yes. Haeg: Can I offer the tape Shaw: On – on what grounds I don't mean to sound... 18
Cole: I have no reason – I – I have – I have no -um- lack of foundation -um- authenticity I guess. ______________________________________________________________________________ Cole: I guess my question was did you – did you think that you had any defenses to the – the charges that were being discussed between you and your attorney Zellers: -Uh- yeah. -Um- the – the mere fact that the State was – they had -uh- -um- you know they had 4 of the 9 wolves locations -um- kill sites. They didn't have them all. -Um- and we were you know at that time I mean we weren't charged with anything. That was the whole thing. Is we weren't charged with anything before our interview with the State. Cole: Ok. Do you remember –uh- that you talked about this statement that I – that I – that you say I made about not wanting to rock the boat with Mr. Leaders. Do you remember that Stepnosky: Yes. Cole: And that was done in the context of discussing what it would take to enforce a Rule 11. Do you remember us taking about that Stepnosky: Yes I believe that's true. Cole: And do you remember me telling Mr. Haeg that in order to enforce a – first of all do you remember me saying I wasn't sure – or no I guess it's your testimony that I said it was a ruling. Do you remember me telling you what it would take to enforce a Rule 11 Agreement Stepnosky: No I don't recall that. Cole: Do you remember me saying that it would take cross-examining Mr. Leaders, and calling him as a witness Stepnosky: No I do not recall that. Cole: Do you remember me telling you that I didn't think that it would accomplish what you wanted to accomplish Or Mr. Haeg I should say – that I was – remember me telling Mr. Haeg that filing this Motion would not accomplish what he wanted to accomplish Stepnosky: –Uh- no I – I - I don't think so – to my recollection his idea was to go out and have the open sentencing I mean that - that was it. So if that could be accomplished, and that's what he wanted, if that would do it, then that would work for him. 19
Page 1 and 2: Exhibit 1 AFFIDAVIT FOR SEARCH WARR
Page 3 and 4: the GPS, or to mark the locations o
Page 5 and 6: Haeg complains that I suborned perj
Page 8 and 9: 11/11/04 Recording of Cole while he
Page 10 and 11: Cole: The thing that was taken away
Page 12 and 13: you to protect my interest. I know
Page 14 and 15: Cole: I don't know why he didn't do
Page 16 and 17: Cole: Well I - I that's a difficult
Page 20 and 21: Cole: Do you remember me telling hi
Page 22 and 23: Program -um- and initially I was la
Page 24 and 25: Creek, take kids out of school, peo
Page 26 and 27: Fitzgerald: That was really my firs
Page 28 and 29: saw someone that if the State wante
Page 30 and 31: the attorney client privilege and I
Page 32 and 33: Haeg: ...think of a better way. -Um
Page 34 and 35: Cole: In the past. Was. That's righ
Page 36 and 37: Shaw: Mr. Haeg. Haeg: I'm sorry. Be
Page 38 and 39: tell me." "Well I'm not happy they
Page 40 and 41: Haeg: Ok so he changed his mind bef
Page 42 and 43: Cole: "On Monday, November 8 th you
Page 44 and 45: Cole: You thought it was. I didn't.
Page 46 and 47: Exhibit 5 EXCERPT OF HAEG’S IMMUN
Page 48 and 49: Exhibit 7 ZELLER’S IMMUNIZED STAT
Page 50 and 51: Trooper Gibbens: I don’t remember
Page 52 and 53: Exhibit 9 November 4, 2004: In the
Page 54 and 55: All of which is a Class A Misdemean
Page 56 and 57: wolves sealed. Haeg provided the in
Page 58 and 59: Exhibit 10 November 8, 2004: DAVE H
Page 60 and 61: Exhibit 11 November 8, 2004: In the
Page 62 and 63: Count IX That on or about March 26,
Page 64 and 65: On 3/22/04, Haeg and Zellars flew a
Page 66 and 67: 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
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28. What was your response 29. Do y
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Exhibit 21 TROOPER GIBBENS FALSE TE
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Exhibit 24 TAPE RECORDINGS OF OSTER
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een a government wacky and she has
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plus the losses you had sustained a
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Mr. Osterman: Well you got - you go
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Mr. Osterman: I want you involved.
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OSTERMAN: Ok. (indecipherable) HAEG
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HAEG: Ok. OSTERMAN: Because lets fa
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OSTERMAN: Mm hmm. HAEG: He knew but
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out. You bring that up and it will
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OSTERMAN: You’ve - bear with me f
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HAEG: Yeah. OSTERMAN: …and the mi
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OSTERMAN: Yeah they’re talking ab
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HAEG: Got him on tape saying, “no
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OSTERMAN: They give it to us. You d
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things that have to be done yet to
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OSTERMAN: Sure. HAEG: And now it lo
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OSTERMAN: No. HAEG: Why not OSTERMA
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HAEG: Yeah there’s was none. OSTE
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HAEG: No it aint. That - that issue
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HAEG: How long did we have the open
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OSTERMAN: Well that’s what happen
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looked like you know your - I mean
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OSTERMAN: Ok. So Chuck’s screwed.
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HAEG: So there’s no chance of Chu
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HAEG: So I don’t even see why he
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HAEG: How come I have Supreme Court
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OSTERMAN: Right if a crime happen w
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OSTERMAN: Not necessarily no. HAEG:
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Mr. Osterman: What does that mean M
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Mr. Osterman: No kidding. That's ex
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Mr. Osterman: Well you didn't the o
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carelessness or negligence but thos
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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.
Page 308 and 309:
Instead, Haeg said, when he asked t
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PCR Exhibits - Alaska State of Corruption

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