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PCR Exhibits - Alaska State of Corruption

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Fitzgerald: I – I don't know how to answer that sir – I – that's what not what I intended to say.<br />

Metzger: There's no question.<br />

Haeg: Ok – in your opinion if you advocate for your client – excuse me – are you making an<br />

enemy out <strong>of</strong> the Prosecutor<br />

Fitzgerald: It depends on the circumstances.<br />

Haeg: (exhales) I told you the circumstances. I'll repeat them again. Your client gave a 5 hour<br />

interview to the <strong>State</strong>, gave the <strong>State</strong> maps, gave up a whole years income not for just the client<br />

but also the clients wife most peoples arithmetic that's two years income, then for the Rule 11<br />

Agreement you fly people in from around the country from Illinois, from a remote lodge Silver<br />

Salmon Creek, take kids out <strong>of</strong> school, people away from work, drive up here to comply with the<br />

Rule 11 Agreement and then the Prosecutor breaks it by filing harsher charges because I believe<br />

he -uh- changed his mind. Wasn't even a mistake just changed his mind – didn't make a mistake.<br />

And your attorney can't ask for the Rule 11 Agreement to be honored because that would oh<br />

make an 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 I<br />

believe to be the appropriate steps.<br />

Haeg: Ok.<br />

Fitzgerald: I don't know that I can make it any clearer.<br />

Haeg: Ok. Have you ever heard <strong>of</strong> a term called detrimental reliance<br />

Fitzgerald: Yes.<br />

Haeg: Can you describe it to me<br />

Fitzgerald: The term typically is used in the civil context in which somebody makes a<br />

representation, you take certain action based on that representation, and then for lack <strong>of</strong> a better<br />

description they pull the rug out from underneath you. Under certain circumstances you – you<br />

can -uh- obtain relief from the Court for that kind <strong>of</strong> detrimental reliance.<br />

Haeg: Does that ever apply to criminal cases<br />

Fitzgerald: I think it's very – I think it's very infrequent that – that – that concept would be one<br />

that would be find favor in – in the criminal justice system.<br />

Haeg: How come I've been able to find hundreds <strong>of</strong> cases <strong>of</strong> it then<br />

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