PCR Exhibits - Alaska State of Corruption

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I've ever seen in my life. I have read – I have read likely hundreds of thousands pages – cases – case – or pages of case law and I have yet to find one case as egregious as what happened to me. MR. OSTERMAN: Your Honor I could actually – I'm only about 5 minutes to my next appointment. I could actually be with the court for another 12 minutes. MAGISTRATE WOODMANCY: Each side has 5 minutes. How's that MR. ROM: All right. Mr. Osterman you had –uh- a number of conversations with Mr. Haeg about this conspiracy of his former lawyers, is that correct MR. OSTERMAN: Yes. MR. ROM: And have you fully aired that issue with Mr. Haeg in your conversations MR. OSTERMAN: Yes. MR. ROM: And tell – tell the court how you –uh- perceived the notions that his lawyers have conspired against him. MR. OSTERMAN: -Um- I – I – I don't fully understand why he believes that his lawyers have conspired against him. I will tell you I have concerns about some of the things that – that each one of his other attorneys have done but that's fodder for appeal –uh- that I tried to explain to him also. –Uh- I tried to explain to him the way that those – the issues would work in the matter of his appeal. -Um- I also want to indicate to you that Mr. -um- Haeg is nobody's fool -um- he has access to legal materials, I provided him with legal materials, -um- he's had access to some law library materials as well. -Um- he's not inarticulate, he's -um- he's very emotionally tied up in this... MR. ROM: Did you find... MR. OSTERMAN: ... -um- emotional state in this. MR. ROM: Did you find any evidence that lawyers had colluded together against him to act not in his interest MR. OSTERMAN: No – but I can tell you that if – if I were in his shoes I could see why he would think to some respect with his first two attorneys why he might think that. But at the same time if he looked at what they were doing in response to issues involving him it would certainly explain some of that away. 236
MR. ROM: All right. Thank you that's all I have. MR. OSTERMAN: A – a – I wanted to also add initially I had some concerns that I shared with – with -um- –uh- Mr. Haeg and we began pouring through the file –uh- those concerns became relieved. MR. ROM: Except when you say concerns – concerns a – about the actions his previous – or his prior lawyers had taken MR. OSTERMAN: Yes. MR. ROM: And as you went through... MR. OSTERMAN: Except one of the things that happened in this case is we began talking – if the things that he told me were true then I would be greatly concerned and express those concerns to him. But as we began going through the record it became clear to me that there was another course being taken. MR. ROM: And what do you mean by that MR. OSTERMAN: Yeah I began...–Uh- I'm sorry. MR. ROM: What do you mean by another course was being taken MR. OSTERMAN: Well you know what – what could have appeared to have been –uhmalicious act by one attorney –uh- could be explained by the inaction of the client. MR. ROM: All right. In the end –uh- in the final assessment did you determine that his lawyers –uh- had acted in his interest and at his direction MR. OSTERMAN: Not necessarily I felt strongly that there was an ineffective assistance claim –uh- in – with at least regard one attorney and in fact I felt that it was a necessary issue to raise –uh- in the appellate level and that was a part of the discussion that I had with Mr. Haeg is to how to present that particular issue. MR. ROM: And did you explain to him that he could not bring –uh- ineffective assistance of counsel claim in a – on a direct appeal 237
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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
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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
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
Page 222 and 223: or counsel's continuing representat
Page 224 and 225: defense and should promptly comply
Page 226 and 227: ing up that there was a Rule 11 Agr
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Page 230 and 231: MAGISTRATE WOODMANCY: Ok and -uh- f
Page 232 and 233: MR. OSTERMAN: -Uh- Mr. Haeg you had
Page 234 and 235: the same as hunting a deer out in t
Page 238 and 239: MR. OSTERMAN: Well not necessarily
Page 240 and 241: MR. OSTERMAN: I already told you th
Page 242 and 243: information provided by Mr. Haeg -u
Page 244 and 245: MR. OSTERMAN: Well I - you know aga
Page 246 and 247: MR. HAEG: Ok and did he state how m
Page 248 and 249: JACKIE HAEG: Yes he was - very. MR.
Page 250 and 251: JACKIE HAEG: Yeah he felt the he -
Page 252 and 253: to him along with the tons of casel
Page 254 and 255: MR. HAEG: Because when I paid him h
Page 256 and 257: we could have something we could li
Page 258 and 259: EXHIBIT 26 STATE OF ALASKA 14 PAGE
Page 260 and 261: conviction of a pro se defendant. M
Page 262 and 263: his right to an attorney, he cannot
Page 264 and 265: IV. Conclusion Based on the forgoin
Page 266 and 267: Tamara Russell, Psy.D., MHC IV Lice
Page 268 and 269: Haeg: If you made a Rule 11 Agreeme
Page 270 and 271: Fitzgerald: I - I don't know how to
Page 272 and 273: Fitzgerald: Yeah that's what I'm sa
Page 274 and 275: statement made during plea negotiat
Page 276 and 277: were using. They also found a spent
Page 278 and 279: She also revoked Haeg’s guiding l
Page 280 and 281: makes it a crime for any person lic
Page 282 and 283: Haeg claims that Judge Murphy faile
Page 284 and 285: 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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