PCR Exhibits - Alaska State of Corruption

very - very clear and which would typically mean that it would be in writing would be any
possession – position to enforce that by requiring a Prosecutor to abide by his terms. And even
then Mr. Haeg there – courts are very reluctant to impose upon Prosecutors - appreciating that
Prosecutors have the not only the ability but obligation to bring the charges and represent the
State to intercede and dictate what – what terms might have been struck between counsel. So I
think that the answer to your question the issue about enforceability would be very important and
you would have to access and calculate the risks of going forward and attempting to get the
terms enforced and what consequence that might have if they weren't enforced.
Haeg: Ok so what you're telling me is you've given the State everything, your client has given
up both his wife and him a whole years income, flown in people from around the whole
countryside, and you're telling me you wouldn't even try because it aint goanna do any good
Why do you have a lawyer
Cole: Can I object for just a second because this has – I understand what he's trying to say but
Mr. Haeg has a fundamental misunderstanding of the criminal justice system.
Shaw: (...)
Fitzgerald: I think you've asked me a number of questions Mr. Haeg and -um- I – I've described
to you what I believe the appropriate steps would be and the appropriate assessment of risks
would be with regard to whatever – whatever steps you took.
Haeg: Ok. Can you explain the risks involved in trying to enforce the agreement
Fitzgerald: The risk Mr. Haeg or that if you're not successful before the – if – if you attempt and
indeed do for instance file a motion with the Court and the Court rules as I think it would with
regard to any kind of oral terms that it does not have the jurisdiction or ability to intercede and
define those terms then what you've done is you've really drawn a line in the sand with regard to
the Prosecutor and that what you've done is you've made an enemy out of frankly the last person
you want to make an enemy of. Whether we like it or not Mr. Haeg us in the defense bar realize
quickly that you are not infrequently in a position where you don't have the leverage and so what
relationships you can develop and what ability you can develop with regard to obtaining good
term for your client you want to keep in tact because when the rubber meets the road and you're a
criminal defendant it's typically not a pretty picture.
Haeg: I'm sorry. Are you telling me Mr. Fitzgerald that advocating for your client makes an
enemy for you – enemy of the prose – advocating for your client makes an enemy out of the
Prosecutor Is that what I just heard you just say
Fitzgerald: No you didn't.
Haeg: I – I thought that's what I heard.
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