PCR Exhibits - Alaska State of Corruption
PCR Exhibits - Alaska State of Corruption
PCR Exhibits - Alaska State of Corruption
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Creek, take kids out <strong>of</strong> school, people away from work, drive up here to comply with the Rule 11<br />
Agreement and then the Prosecutor breaks it by filing harsher charges because I believe he -uhchanged<br />
his mind. Wasn't even a mistake just changed his mind – didn't make a mistake. And<br />
your attorney can't ask for the Rule 11 Agreement to be honored because that would oh make an<br />
enemy out <strong>of</strong> the Prosecutor. Is that what you're telling me<br />
Fitzgerald: I think sir I described my answer to the best <strong>of</strong> my ability. I've described the – what<br />
I believe to be the appropriate steps.<br />
Haeg: Raises my point exactly. In your opinion [is] a lawyer legally allowed to represent a client<br />
if he has a conflict <strong>of</strong> interest – a direct conflict <strong>of</strong> interest in representing that client<br />
Fitzgerald: Well this is the – well I can tell – tell you ethically that there are ethical rules that –<br />
that prevent representations when you have a conflict <strong>of</strong> interests.<br />
Haeg: So is that yes or no Just kind <strong>of</strong> be a little more clear for me please.<br />
Fitzgerald: I don't know that it's good practice and there are rules that govern that thing.<br />
Haeg: Ok. -Um- -uh- Mr. Fitzgerald in your opinion when a Prosecutor breaks a Rule 11<br />
Agreement does he become the enemy <strong>of</strong> the client and his client – and that clients attorney<br />
Fitzgerald: I don't think at that stage no. If the Prosecutors the one<br />
that's breaking the agreement.<br />
Haeg: (exhales) Why not<br />
Fitzgerald: Well there's nothing for the Prosecutor to be upset about if the Prosecutors the one<br />
that breaching the agreement.<br />
Haeg: What I asked is if the Prosecutor breaks the agreement that he made with the client and<br />
his attorney – so the client and the attorney are one unit – there like the white – (...) cowboys and<br />
the Prosecutor is like the Indians and the Indians break the rule 11 agreement does that – that<br />
doesn't make them enemies <strong>of</strong> the cowboys. Is that what you're saying<br />
Fitzgerald: Yeah that's what I'm saying.<br />
Haeg: And can you elaborate on that for me please<br />
Fitzgerald: As I said the Prosecutor – if the Prosecutor is the one that's -uh- breaching the<br />
agreement they've got – shouldn't have any hardship with regard to -uh- their prospective<br />
towards the client and the defense counsel.<br />
Haeg: Don't you think that there might be a little bit a (laughs) at least irritation<br />
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