PCR Exhibits - Alaska State of Corruption

MR. OSTERMAN: Well not necessarily I mean my reading of the post-conviction relief statute
would indicate that there's –uh- an ability to bring it but I told him that it was the strategic issue
that one of the issues that we had in this particular case dealt with a plea agreement and how that
particular plea agreement got there –uh- and – and what transpired of that particular plea
agreement and that I felt that there was a violation of plea agreement issues and that I felt that
ineffective assistance of counsel was a – if not directly at least a – a substantially tacit –uh- issue
to be raised in that particular portion of the appeal.
MR. HAEG: Ok Mr. Osterman did you ever tell me "I looked at this and it was a disaster in it
and what Chuck did was wrong and what Cole did was wrong there's no two ways about it. Did
you ever make that statement
MR. OSTERMAN: I probably did say that to you. I don't know when you're quoting it though.
Unfortunately you know you have the advantage of having transcribed these tapes and gone
through them. I don't have that advantage sir.
MR. HAEG: Ok well be that as it may -um- do you remember that being said
MR. OSTERMAN: I more then likely said it.
MR. HAEG: Ok. Do you ever remember me –uh- asking what about not st – or we were
talking about Mr. Cole and you had said –uh- something to the effect about him not telling me
my statements could be used against me at trial if I made them and I asked you "what about not
sticking up for a rule 11 agreement – you told your client to give up a whole years of his income
for and a 5 hour confession" – do you remember me making that statement
MR. OSTERMAN: Several times.
MR. HAEG: Ok. Do you remember responding "I think that's –uh- real big malpractice issue
but it is a – an ethics issue" – Do remember responding that way
MR. OSTERMAN: I do.
MR. HAEG: Ok then do you remember me saying, "he failed to act – to stand up for my deal"
and then you responding "But then that's malpractice – it's not ineffective assistance. He may
have seen some advantage. Who knows what the hell that advantage is. I'm arguing the devils
advocate because I could tell you that 1 in a thousand ineffective assistance of counsel claims
wins." Do you remember making that statement
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