PCR Exhibits - Alaska State of Corruption
PCR Exhibits - Alaska State of Corruption
PCR Exhibits - Alaska State of Corruption
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Law Office <strong>of</strong> Mark Osterman<br />
215 Fidalgo Drive, Suite #106<br />
Kenai, AK 99611<br />
Mark,<br />
I've got a few things that I would like in my appeal if they are<br />
appropriate.<br />
The main one which I feel has to be in the appeal is that Brent<br />
Cole and Chuck Robinson had actual conflicts <strong>of</strong> interests. Brent<br />
in preserving and enhancing his deal making ability with the<br />
<strong>State</strong> <strong>of</strong> <strong>Alaska</strong> (the pro<strong>of</strong> <strong>of</strong> which is everywhere in all the lies<br />
we have documentation <strong>of</strong> not the least <strong>of</strong> which is in his lying<br />
to me that we couldn't even try to enforce the Rule 11 Agreement<br />
even though we had such great Detrimental Reliance on it), and<br />
his and Chucks conspiring together to keep Brent Cole from<br />
testifying at my sentencing to the fact that we had indeed paid<br />
so much for a Rule 11 Agreement that everyone told us could be<br />
broken by the <strong>State</strong> with no possibility <strong>of</strong> making them honor it.<br />
Chuck's actual conflict <strong>of</strong> interest is documented throughout all<br />
the tape recordings I have <strong>of</strong> him telling me no matter how bad<br />
Brent Cole was, how much he had lied to me, and how much damage<br />
he had done to me there was absolutely nothing we could do about<br />
it. Then when I found all the law about Detrimental Reliance and<br />
Ineffective Assistance <strong>of</strong> Counsel claims Chuck Robinson told me<br />
on tape in front <strong>of</strong> multiple witnesses that he had no obligation<br />
whatsoever to utilize any <strong>of</strong> this for my defense. I require<br />
these defenses to be put into my appeal. I want it very<br />
obviously stated that there was actual conflicts <strong>of</strong> interests<br />
from these two lawyers in their representation <strong>of</strong> me and that all<br />
<strong>of</strong> the other things that happened where just symptoms <strong>of</strong> this<br />
single problem.<br />
If we prove there was an actual conflict <strong>of</strong> interest we don’t<br />
even have to prove that there was prejudice. By the Supreme<br />
Courts definition the likelihood <strong>of</strong> prejudice is so great that<br />
case-by-case inquiry is not worth the cost.<br />
“One type <strong>of</strong> actual ineffectiveness claim warrants a similar,<br />
though more limited, presumption <strong>of</strong> prejudice. In Cuyler v.<br />
Sullivan, the Court held that prejudice is presumed when counsel<br />
is burdened by an actual conflict <strong>of</strong> interest. In those<br />
circumstances, counsel breaches the duty <strong>of</strong> loyalty, perhaps the<br />
most basic <strong>of</strong> counsel's duties. Moreover, it is difficult to<br />
measure the precise effect on the defense <strong>of</strong> representation<br />
corrupted by conflicting interests. Given the obligation <strong>of</strong><br />
counsel to avoid conflicts <strong>of</strong> interest and the ability <strong>of</strong> trial<br />
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