Attorney Mark Osterman - Alaska State of Corruption

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MR. HAEG: Ok. MR. OSTERMAN: As Joel pointed out to you in his conversation with you that there are a lot of conversations that you had off the record about effective assistance of counsel we can't bring up in this case. Now effective assistance of counsel is an issue in your case and I even sent you an article over the weekend concerning effective assistance of counsel so that you would understand that the Strickland test has to apply every time. If it doesn't apply we can't win an ineffective claim. Now ... MR. HAEG: And how do you bring – now this is one thing that really - really gets me. How can you bring up stuff that's not on the record for the ineffective assistance of counsel claim in what you put in there and not bring up the rest of it? MR. OSTERMAN: Because the Ineffective Assistance claim goes to the ability of the clients per – I'm sorry – the attorneys performance on behalf of the client in the courtroom. That's the Strickland criteria. The Strickland criteria isn't whether he called you a dunce outside a courtroom or thought you were stupid. That's not Ineffective Assistance. MR. HAEG: So when on the - the issue that you did bring up how was that in the courtroom? Tell - just explain that one to me. MR. OSTERMAN: Well – well it relates to substantial rights that you have since you have a 4 th and a 5 th amendment right those Osterman Transcripts 82 of 119
ights are substantial rights and he violated those particular rights on your behalf in judicial matters. In matters before the Court. In the matters before the Court were plea agreements because plea agreements are judicial matter. Don't believe me look up Rule 11 in the criminal rules. It deals with the conduct of plea agreements. MR. HAEG: And how come none of the stuff of him not -uh- saying that at my arraignment is in there? Because that was on the record? MR. OSTERMAN: Well things that were on the record are certainly part of it. Bear with me for a second. You... MR. HAEG: They weren't anywhere to be seen in the brief. MR. OSTERMAN: Listen – listen to me. You're the one that came to me and hounded me for a draft and I told you I wasn't happy about shipping you out a draft but I would see to it that you got one. Well you got the draft that came back to me from Joel Rothburg, that outlined the issues that were goanna be discussed in your case. Now you got all bent out of shape about what the orders goanna be, and what does this mean, and what does that mean, and I don't like this, and I don't like that, and I don't know what this word means, or that word means. I got news for you. The brief isn't written. You haven't seen the final product. You only saw the document provided to me by a person I retained on my behalf to help me with writing your brief. Osterman Transcripts 83 of 119
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Transcript 2 - Attorney Mark Osterm
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MR. HAEG: I think it was - how was
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-you know- and I and this is where
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MR. OSTERMAN: I hate - I - I don't
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got over 2 months. Now and I didn't
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MR. OSTERMAN: No. MR. HAEG: You fil
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and maybe I am right now but I'm -
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unbelievable. I mean the way he ans
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MR. HAEG: Ok what about not stickin
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know- I have a business attorney Da
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grievously by this but I'm willing
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MR. HAEG: Yep. MR. OSTERMAN: and th
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MR. HAEG: Exactly yep. MR. OSTERMAN
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MR. OSTERMAN: Well you got - you go
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MR. HAEG: Ok. MR. OSTERMAN: Ok? I'm
Page 31 and 32: so I'm not smart and I understand t
Page 33 and 34: is I'll - we'll start raising money
Page 35 and 36: Osterman Transcripts 35 of 119
Page 37 and 38: MR. HAEG: Yep. MR. OSTERMAN: And wh
Page 39 and 40: MR. OSTERMAN: Because the - the rea
Page 41 and 42: If your attorney was before the cou
Page 43 and 44: MR. OSTERMAN: Ok one way or the oth
Page 45 and 46: oxes yet - I'm in the middle of thi
Page 47 and 48: win". I'm like - this is why I star
Page 49 and 50: MR. OSTERMAN: Mm hmm. MR. HAEG: You
Page 51 and 52: investigator". See I now I'm saying
Page 53 and 54: would kind of be a violation of the
Page 55 and 56: MR. OSTERMAN: ... and he said "ok I
Page 57 and 58: MR. HAEG: ...and getting people to
Page 59 and 60: MR. HAEG: Dale Dolifka and he when
Page 61 and 62: MR. HAEG: Yep. MR. OSTERMAN: Revers
Page 63 and 64: MR. OSTERMAN: ... cause you're obvi
Page 65 and 66: intentions to begin with and then a
Page 67 and 68: MR. OSTERMAN: This is not an equity
Page 69 and 70: MR. HAEG: Cause I think if it was i
Page 71 and 72: MR. HAEG: Yeah well when you been t
Page 73 and 74: MR. HAEG: Mark Osterman what MR. OS
Page 75 and 76: as some kind of weirdo kook - you t
Page 77 and 78: MR. OSTERMAN: I can believe it. MR.
Page 79 and 80: eply brief". It tells us that you -
Page 81: MR. HAEG: Yeah you did. MR. OSTERMA
Page 85 and 86: MR. HAEG: Why not? MR. OSTERMAN: I
Page 87 and 88: MR. OSTERMAN: I told you before I g
Page 89 and 90: emember that the - that the - the i
Page 91 and 92: do a malpractice case at the same t
Page 93 and 94: MR. HAEG: My attorney never stood u
Page 95 and 96: the subject matter combined but I k
Page 97 and 98: to Chuck. Can't do anything with Ch
Page 99 and 100: MR. OSTERMAN: But well - not - bear
Page 101 and 102: MR. HAEG: Oh so him telling me that
Page 103 and 104: Ok? That's the bottom line. And the
Page 105 and 106: MR. HAEG: and how did all that play
Page 107 and 108: your income for a whole year and yo
Page 109 and 110: MR. HAEG: Well - ok what do you thi
Page 111 and 112: MR. OSTERMAN: Well you're - you're
Page 113 and 114: MR. HAEG: So you don't think Brent
Page 115 and 116: went back to school for some other
Page 117 and 118: therefore the judge is punishing yo
Page 119: when I was 16 years old in my plane
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Attorney Mark Osterman - Alaska State of Corruption

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