PCR Exhibits - Alaska State of Corruption

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Count IX That on or about March 26, 2004, at or near McGrath in the Fourth Judicial District, State of Alaska, Tony Zellars, with the intent to mislead a public servant in the course of performance of a duty, did submit a false written statement which the person does not believe to be true on a form bearing notice, authorized by law, that false statements made in it are punishable; to wit: did make a false statement on an Alaska Department of Fish and Game Furbearer Sealing Certificate. All of which is a Class A Misdemeanor offense being contrary to and in violation of AS 11.56.210(a)(2) and against the peace and dignity of the State of Alaska. Count X That on or about April 1, 2004 through April 2, 2004, at or near McGrath in the Fourth Judicial District, State of Alaska, David Haeg, did negligently trap for wolverines with leg hold traps when trapping season for wolverines was closed. All of which is a Class A Misdemeanor offense being contrary to and in violation of 5 AAC 84.270(14) and against the peace and dignity of the State of Alaska. Count XI That on or about May 1, 2004 through May 4, 2004, at or near McGrath in the Fourth Judicial District, State of Alaska, David Haeg, did negligently trap for wolves with snares when trapping season for wolves was closed. All of which is a Class A Misdemeanor offense being contrary to and in violation of 5 AAC 84.270(13) and against the peace and dignity of the State of Alaska. Count XII That on or about May 1, 2004 through May 4, 2004, at or near McGrath in the Fourth Judicial District, State of Alaska, David Haeg, did negligently fail to salvage the hide of a wolf taken in a snare he had set. All of which is a Class A Misdemeanor offense being contrary to and in violation of 5 AAC 92.220(a)(1) and against the peace and dignity of the State of Alaska. David S. Haeg was interviewed in Anchorage on 6/11/04, and Tony R. Zellars was interviewed in Anchorage on 6/23/04. During the interviews, the timelines and events given were almost exactly identical, and a summary of the statements of the two men follows: The two men applied for and were issued a permit to hunt wolves with the use of an airplane in a specific area near McGrath. Zellars bought a new Binelli twelve gauge shotgun, and a large amount of several kinds of buckshot ammunition. 62
On 3/5/04, the two men flew in N4011M (Bat Cub) to McGrath where they were issued permits at the Fish and game office, during which they were given maps and written descriptions of the legal hunting area. After leaving McGrath, the two flew upstream along the Big River. Several wolves were located about one or two miles outside the hunt area, and they shot one gray wolf, with Zellars doing the, shooting with the shotgun from the air while Haeg was flying the plane. The wolf was hauled back to trophy Lake Lodge whole and was skinned that night. On 3/6/04, they flew to the Big River where they had shot the wolf the day before. They could not locate the remaining wolves, so they proceeded upstream on the Big River (further outside the legal area). Twenty-four miles upstream from the hunt area boundary on the Big River, they spotted two gray wolves on a ridge near a moose kill. Both wolves were shot from the air with a shotgun by Zellars with Haeg again flying the plane. One of the wolves then had to be shot from the ground with the .223 by Zellars. The two wolves were hauled back to the lodge, and were skinned that night. On 3/6/04, Haeg called on his satellite phone and reported to McGrath Fish and Game that he and Zellars had harvested three wolves within the permitted hunt area on the Big river, at which time he gave false coordinates for the kill sites. After calling in the report, Haeg and Zellars returned to Soldotna, taking the three-wolf hides with them. On 3/15/04, they received a call from Fish and Game in McGrath telling them that the three hides had to be sealed in McGrath. On 3/20/04, Haeg and Zellars flew from Soldotna to Trophy Lake Lodge, where they spent the night. They had brought the three wolf hides back with them to take to McGrath for sealing. On the morning of 3/21/04, Haeg and Zellars decided to fly South (further from the legal area) to the upper Stony River to look for wolves and check out local moose populations. Several wolves were spotted on the Stony River, and a gray male was shot from the air with the shotgun. Zellars did the shooting from the air while Haeg flew. One of the wolves was wounded and Zellars shot the wounded wolf again from the ground with the .223. Multiple shots were taken at the other wolves, but none were killed. The dead wolf was taken back to the lodge where it was dropped off whole. During their interviews, Haeg and Zellars pointed out the location of the kill on a map. The location described as the kill location for this wolf was more than eighty miles from the nearest border of the legal hunt area. Haeg and Zellars then flew to McGrath with the three wolf hides from earlier in the month. Upon arrival in McGrath, the two men met with Biologist Toby Boudreau, to have the wolves sealed. Haeg provided the information for the sealing of the wolves, knowing that it was false at the time he signed the form. He had claimed that the wolves had been shot inside the permit area because he wanted to be known as a successful participant in the aerial wolf hunt. 63
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Exhibit 1 AFFIDAVIT FOR SEARCH WARR
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the GPS, or to mark the locations o
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Haeg complains that I suborned perj
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11/11/04 Recording of Cole while he
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Cole: The thing that was taken away
Page 12 and 13: you to protect my interest. I know
Page 14 and 15: Cole: I don't know why he didn't do
Page 16 and 17: Cole: Well I - I that's a difficult
Page 18 and 19: Cole: But the only thing the DA sai
Page 20 and 21: Cole: Do you remember me telling hi
Page 22 and 23: Program -um- and initially I was la
Page 24 and 25: Creek, take kids out of school, peo
Page 26 and 27: Fitzgerald: That was really my firs
Page 28 and 29: saw someone that if the State wante
Page 30 and 31: the attorney client privilege and I
Page 32 and 33: Haeg: ...think of a better way. -Um
Page 34 and 35: Cole: In the past. Was. That's righ
Page 36 and 37: Shaw: Mr. Haeg. Haeg: I'm sorry. Be
Page 38 and 39: tell me." "Well I'm not happy they
Page 40 and 41: Haeg: Ok so he changed his mind bef
Page 42 and 43: Cole: "On Monday, November 8 th you
Page 44 and 45: Cole: You thought it was. I didn't.
Page 46 and 47: Exhibit 5 EXCERPT OF HAEG’S IMMUN
Page 48 and 49: Exhibit 7 ZELLER’S IMMUNIZED STAT
Page 50 and 51: Trooper Gibbens: I don’t remember
Page 52 and 53: Exhibit 9 November 4, 2004: In the
Page 54 and 55: All of which is a Class A Misdemean
Page 56 and 57: wolves sealed. Haeg provided the in
Page 58 and 59: Exhibit 10 November 8, 2004: DAVE H
Page 60 and 61: Exhibit 11 November 8, 2004: In the
Page 64 and 65: On 3/22/04, Haeg and Zellars flew a
Page 66 and 67: Count V That on or about March 23,
Page 68 and 69: After calling in the report, Haeg a
Page 70 and 71: Exhibit 13 PROOF, WHICH IS STILL IN
Page 72 and 73: Both men have pleaded not guilty to
Page 74 and 75: But the state’s controversial pre
Page 76 and 77: Exhibit 15 RECORDINGS OF ROBINSON 7
Page 78 and 79: Robinson: Yeah I told you ... Haeg:
Page 80 and 81: Robinson: And so... Stoumbaugh: He
Page 82 and 83: Robinson: But that doesn’t addres
Page 84 and 85: Robinson: Listen what I’m saying
Page 86 and 87: Robinson: Yeah he told me about tha
Page 88 and 89: Robinson: I’m sorry David Haeg: a
Page 90 and 91: Robinson: Because after I had Joe i
Page 92 and 93: Haeg: Ok well the malpractice that
Page 94 and 95: Haeg: ... I was out to lunch. Robin
Page 96 and 97: ___________________________________
Page 98 and 99: Haeg: I just wasted a whole bunch o
Page 100 and 101: Haeg: Him essentially selling me ou
Page 102 and 103: stood up for my deal and I wanted t
Page 104 and 105: Haeg: by me and Leaders the judge d
Page 106 and 107: was a bad guide”. Well what the h
Page 108 and 109: ROBINSON: Well I don’t know who y
Page 110 and 111: Why were you flying to McGrath Did
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5. As soon as Mr. Leaders successfu
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9. Should we also point out Leaders
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RETURN I served the above subpoena
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Exhibit 16 EXCERPT OF RECORD PROVIN
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Exhibit 18 Trooper Gibbens sworn te
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Exhibit 20 56 QUESTIONS FOR BRENT C
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28. What was your response 29. Do y
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Exhibit 21 TROOPER GIBBENS FALSE TE
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Exhibit 24 TAPE RECORDINGS OF OSTER
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een a government wacky and she has
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plus the losses you had sustained a
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Mr. Osterman: Well you got - you go
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Mr. Osterman: I want you involved.
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OSTERMAN: Ok. (indecipherable) HAEG
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HAEG: Ok. OSTERMAN: Because lets fa
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OSTERMAN: Mm hmm. HAEG: He knew but
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out. You bring that up and it will
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OSTERMAN: You’ve - bear with me f
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HAEG: Yeah. OSTERMAN: …and the mi
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OSTERMAN: Yeah they’re talking ab
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HAEG: Got him on tape saying, “no
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OSTERMAN: They give it to us. You d
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things that have to be done yet to
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OSTERMAN: Sure. HAEG: And now it lo
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OSTERMAN: No. HAEG: Why not OSTERMA
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HAEG: Yeah there’s was none. OSTE
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HAEG: No it aint. That - that issue
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HAEG: How long did we have the open
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OSTERMAN: Well that’s what happen
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looked like you know your - I mean
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OSTERMAN: Ok. So Chuck’s screwed.
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HAEG: So there’s no chance of Chu
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HAEG: So I don’t even see why he
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HAEG: How come I have Supreme Court
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OSTERMAN: Right if a crime happen w
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OSTERMAN: Not necessarily no. HAEG:
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Mr. Osterman: What does that mean M
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Mr. Osterman: No kidding. That's ex
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Mr. Osterman: Well you didn't the o
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carelessness or negligence but thos
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Mr. Osterman: Well you're not deali
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e on the record and when I get to t
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Mr. Osterman: Well things that were
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Mr. Haeg: - no it's what I have pro
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you a permit to go shoot wolves wit
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not going to work effectively. The
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Mr. Osterman: Listen Mr. Haeg: ...
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wheeled out this tape see and then
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Mr. Haeg: Hey. Hey Mark you know wh
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Mr. Haeg: I didn't mention that I k
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Mr. Osterman: Well I know you tape
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Mr. Osterman: Mm hmm. Mr. Haeg: Wel
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Mr. Osterman: The other issue that
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Law Office of Mark Osterman 215 Fid
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already notified the Governor becau
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or counsel's continuing representat
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defense and should promptly comply
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ing up that there was a Rule 11 Agr
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228
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MAGISTRATE WOODMANCY: Ok and -uh- f
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MR. OSTERMAN: -Uh- Mr. Haeg you had
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the same as hunting a deer out in t
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I've ever seen in my life. I have r
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MR. OSTERMAN: Well not necessarily
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MR. OSTERMAN: I already told you th
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information provided by Mr. Haeg -u
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MR. OSTERMAN: Well I - you know aga
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MR. HAEG: Ok and did he state how m
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JACKIE HAEG: Yes he was - very. MR.
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JACKIE HAEG: Yeah he felt the he -
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to him along with the tons of casel
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MR. HAEG: Because when I paid him h
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we could have something we could li
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EXHIBIT 26 STATE OF ALASKA 14 PAGE
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conviction of a pro se defendant. M
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his right to an attorney, he cannot
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IV. Conclusion Based on the forgoin
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Tamara Russell, Psy.D., MHC IV Lice
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Haeg: If you made a Rule 11 Agreeme
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Fitzgerald: I - I don't know how to
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Fitzgerald: Yeah that's what I'm sa
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statement made during plea negotiat
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were using. They also found a spent
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She also revoked Haeg’s guiding l
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makes it a crime for any person lic
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Haeg claims that Judge Murphy faile
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At sentencing, the State is allowed
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Once the case was remanded, Haeg
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To support his claim under Alaska
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Exhibit 32 JUDICIAL COMPLAINT DISMI
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292
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Exhibit 34 ABA BAR EXAM QUESTIONS A
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selling their boats to avoid forfei
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ear arms). B. The Second Variable -
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Exhibit 35 SUCCESSFUL INEFFECTIVE A
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to a defendant that it constitutes
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United States v. Hernandez, 450 F.
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Nance v. Ozmint, 626 S.E.2d 878 (S.
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Instead, Haeg said, when he asked t
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PCR Exhibits - Alaska State of Corruption

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