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PCR Exhibits - Alaska State of Corruption

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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 />

Cole: Objection argumentative.<br />

Haeg: Have you upheld or overruled or what<br />

Shaw: (...) Mr. Fitzgerald to answer that question.<br />

Fitzgerald: I – I think if the Prosecutor is the one breaching the agreement then there's little<br />

likelihood that they would be upset about that breach and hold it against the client or the defense<br />

attorney.<br />

Haeg: But wouldn't the client and defense attorney hold it against the Prosecutor<br />

Fitzgerald: Oh I – yeah – I – I – I – I think that's -uh- breach <strong>of</strong> the bond and yeah that's – that's<br />

a – in – in my measure – I my view that's a very serious matter.<br />

Haeg: So why do you say to me then if – since they're now enemies – we'll just use the word<br />

enemies cause you brought it up – why do you then say if the client and his attorney wanted to<br />

enforce the Rule 11 Agreement they couldn't because they couldn't make an enemy <strong>of</strong> the<br />

Prosecutor But the Prosecutor – you guys see where I'm going with this It's – to me it's pretty<br />

apparent.<br />

Fitzgerald: Mr. Haeg what I said is that the issue – the real issue is one <strong>of</strong> enforceability and if<br />

the attempt at getting a Court to intervene on your behalf and enforce the Rule 11 – if that's<br />

goanna be a futile exercise then you probably damaged your clients interests or certainly not<br />

served them by making the attempt. So –<br />

Haeg: So what you're saying – what you're say - in your opinion what you're saying is – is you<br />

can make an agreement and pay oh in my case maybe $700,000.00 dollars for it and just blow it<br />

<strong>of</strong>f and let the Prosecutor do whatever he wants<br />

Fitzgerald: No I'm not advocating that sir. I'm – I've said that it – it was something that needed<br />

to be carefully deliberated and considered and the consequences <strong>of</strong> the same had to be<br />

considered carefully.<br />

272

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