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PCR Exhibits - Alaska State of Corruption

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MR. OSTERMAN: I do and you might also remember I brought you a case where I changed<br />

my tune with regard to some <strong>of</strong> that statement.<br />

MR. HAEG: Ok.<br />

MR. OSTERMAN: I sent you a case I believe out <strong>of</strong> New Jersey or New York or something<br />

where the I think it was one <strong>of</strong> the circuit Court <strong>of</strong> Appeals had said that –uh- that it was<br />

certainly an effect - ineffective assistance to fail to advise a client with regard to plea agreement.<br />

MR. HAEG: Yeah and I remember that. Do you also remember saying "but you can't" or I<br />

asked you – I – I – do you remember me asking you "but you can't – you cannot have a<br />

malpractice suit unless you're found innocent or not innocent or unless your conviction is<br />

overturned" -um- and I said "Chuck Robinson...<br />

MR. OSTERMAN: But as a general...<br />

MR. HAEG: ...told me that".<br />

MR. OSTERMAN: Yes.<br />

MR. HAEG: Ok...<br />

MR. OSTERMAN: Generally that's correct.<br />

MR. HAEG: Ok yeah and you – do you remember saying "No Chuck's wrong, ok He<br />

obviously was the malpractice <strong>of</strong> one attorney that put you in this bind. Cole has a malpractice<br />

problem a big malpractice problem." Do you remember saying that<br />

MR. OSTERMAN: Yeah but what's this got to do with anything, sir What's this got to do with<br />

my ability to protect you<br />

MR. HAEG: It – it has to do whether I am intelligent in going on my own. -Um- do you ever<br />

remember me – or - or you stating to me you stating to me "You gave the evidence to the District<br />

Attorney to use against you because <strong>of</strong> Cole's conduct." You ever remember saying that to me<br />

MR. OSTERMAN: I may have said that to you sir. What's that got to do with my ability to<br />

withdrawal from this case or my recommendations about whether you are able to proceed pro se<br />

MR. HAEG: It has nothing to do with that. It has to do whether it's an intelligent decision <strong>of</strong><br />

mine to go pro se. Did you ever make the statement...<br />

MR. OSTERMAN: I – I don't know you're – whether your firing me is an intelligent decision<br />

or not – I'm not the judge <strong>of</strong> that.<br />

MR. HAEG: Ok.<br />

239

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