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PCR Exhibits - Alaska State of Corruption

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MR. OSTERMAN: It was the fact that the attorney failed to advise the<br />

client that making all these fifth amendment statements without a written<br />

rule 11 agreement could very well be ineffective assistance <strong>of</strong> counsel...<br />

MAGISTRATE WOODMANCY: Mr. Haeg you have a minute.<br />

MR. HAEG: ...did – did –uh- Mr. Leaders when he filed the rule amended – or the – the<br />

amended information did he utilize all my statements to do so that were made in plea<br />

negotiations<br />

MR. OSTERMAN: I don't know that he used all <strong>of</strong> them. I know that there was a –<br />

quit a few <strong>of</strong> them. –Uh- whether all were there or not I don't know for sure.<br />

MR. HAEG: If he did so is that a vio[lation] direct violation <strong>of</strong> evidence rule 410<br />

MR. OSTERMAN: Well it's one <strong>of</strong> the issues that we were goanna<br />

raise on appeal is that there was clear – clearly an – an issue there too,<br />

yes.<br />

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

MR. OSTERMAN: For statements made as part <strong>of</strong> the plea agreement.<br />

MR. HAEG: What is it called when Mr. Leaders used my statements made in plea negotiations<br />

to file charges not agreed during those plea negotiations – what's that called<br />

MR. OSTERMAN: Well...<br />

MR. HAEG: Is it called...<br />

MR. OSTERMAN: ... –uh- from what angle<br />

MR. HAEG: Is it called prosecutorial misconduct<br />

MR. OSTERMAN: Would it be for his misconduct<br />

MR. HAEG: Is it prosecutorial misconduct<br />

MR. OSTERMAN: It could well be, yes.<br />

MR. HAEG: Is it ineffective assistance <strong>of</strong> counsel for Brent Cole to not jump up in my behalf<br />

and defend my rights and object to that<br />

243

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