IPFS Letters to the Editor • Criminal Justice System
Patron is attacked by bar staff on video, prosecutor tells judge, "video is too damaging to sho
• LetterI WANT TO GO PUBLIC WITH MY STATEMENT.
PATRON IS ATTACKED BY BAR STAFF ON VIDEO, THE PROSECUTOR HIDES EVIDENCE AND PUBLIC DEFENDER FAILS TO PROVIDE ADEQUATE DEFENSE.
DEFENDANT BECOMES VICTIM OF COURT INJUSTICE IN THE WITHHOLDING OF MANY PIECES OF EVIDENCE UNTIL AFTER THE PLEA AGREEMENT IS FORCED FROM DEFENDANT BY PUBLIC DEFENDER LIES.
DEFENDANT WAS PROTECTING HIS CIVIL RIGHTS OF SELF DEFENSE.
DEFENDANT WAS INJURED BY SCOTTSDALE POLICE DURING ARREST AND DENIED MEDICAL ATTENTION UPON ENTRY TO THE JAIL.
The main official’s involved in this statement are Judge Nancy Lewis, Assistant Prosecutor Ken Flint and Public Defender Eugene Marquez. As you read this statement, you will read a smoothly laid out plan of deception in the Court’s procedures.
The time has come for an investigation into the cases of the Scottsdale Court’s actions against the Defendants in the Court Room. They are not following Court rules. Can you imagine the hundreds of thousands of cases there are that have been processed this way? It is very overwhelming just to think about it.
This statement is to bring it too the publics attention that this Court is failing to protect our rights too and to petition to get help from a Lawyer, the Legislature, Senate or any other house members in the Arizona Judicial system. Statements will be sent to every official I can make contact with from Arizona to Washington D.C., including the media to overturn this case. Writing this statement took many weeks of editing to get the complete story about how I became a victim to this injustice and how I used my previous attendance to Law Enforcement School and knowledge to discover this Courts deceptive process.
I am not guilty of the 6 charges and $7000.00 in restitutions of this case. I was completely deceived by a corrupt Public Defender! I am not guilty of anything but protecting myself from physical harm! The Video would prove this the Bar submitted too the Prosecution.
If you were to attend a local counseling facility in Scottsdale where the City Court is sending Defendants, you would learn that a good majority of those attendees are victims of this Court’s injustice as well. Those people say they were misled as well into charges where the case could have been dismissed or processed with a lesser charge. A good portion of them cases should never have been cases in Court for frivolous actions. The Police here are arresting everyone for anything to generate unfair revenue, not protect justice for everyone.
Scottsdale Court has a bad reputation. Yet, nobody is doing anything about it.
The Defendants with paid Lawyers do not see this happening because that process is done different against those Defendants. Therefore, those with Court appointed Public Defenders suffer injustice. None of the Lawyers are going to speak up against the Court, because they would suffer case losses in retaliation. The local media will not publish this type of case either, because of retaliation also by local law officials.
This statement does not say all Prosecutors and Public Defenders are corrupt everywhere, but there is a very smooth process going on here in this Court to convict the Defendants of multiple charges and excessive restitution’s to benefit the cities businesses and dishonest profit growth for the City of Scottsdale.
I went to school for two year’s to be a Police Officer but never became one. I changed my career plan when the state P.O.S.T. Certification rules were changed to a 4 year degree. I went on student rides with several officers from my area and decided I did not want to be a Police Officer. With this said, you should know that the fact’s in this statement spell out a very serious problem and it took someone with an understanding of the law to sit down and write a statement like I have written. I went back to school for a technical degree and completed that two year program.
My statement can be backed up by a witness for most of the facts as she was present throughout every Court appearance. But her testimony has never been requested by any Judge at the Scottsdale Court.
I am not a Lawyer, so in my opinion, this Court should have re-appointed the proper representation to me when I started submitting statements about deception by the Public Defender that first night after the Trial appearance.(no trial due to the deception by the public defender)
Some of the Public Defenders are not obtaining evidence against the Defendant’s in cases where the evidence would release them from charges. Then the Public Defenders are convincing those Defendants too accept these “Plea Agreements” when the evidence could release them from charges. The Public Defender says a few statements like the ones I was told by Eugene Marquez… “I have this all worked out for you, if you accept this deal, you will be facing less charges against you”, “You cant win” and “They have witnesses and evidence against you, so take the deal, it’s a good deal for you or you will face the full consequences against you, if you lose this case”. The Public Defender submits the paperwork to cover their tracks just days or two weeks prior, therefore displaying that the rules are being followed. If the evidence displays a defense for the Defendant, then the Public Defender says the evidence is “Not Available” to that Defendant at the last minute before a hearing. These procedures cause the Defendant to panic and the Public Defender walks away without a loss under his title. Whereas, the loss goes against his record and ability to show new clients how many cases he has won. Naturally, they never show the cases they lose.
The Public Defender (Eugene Marquez) completely failed in my defense and allowed the injustice to happen against me in this case. He failed to obtain evidence and lied about it later on Court Records right to the Judge (Nancy Lewis). Upon bringing it too the Courts attention about his and the Prosecutors deception, nothing was done to protect my Civil Rights, so the Court pressed forward with this case against the Defendant. Eugene Marquez made many unethical statements throughout this case in front of the defendants’ witness.
just found out FROM THE COURT CLERK in Oct, 2010 that the Public Defender (Eugene Marquez) is no longer working with the Scottsdale Court after several years of service. HE LEFT JUST AFTER MY CASE WAS BROUGHT TO THE CITY COURTS ATTENTION. HOW UNTIMELY IS THAT? You have to wonder when he left and why. You can surely presume there will be a cover up if IT IS related to the statements of THIS case.
Every Defendant has the right to a fair and honest representation and the Scottsdale Court is not processing very many Trials where Public Defenders are provided because a “Verbal Plea Agreement” is accepted by an unknowing Defendant. This makes them a victim of injustice at the hands of the Public Defender and Prosecutor. Any statements sent to the Court by the Defendant about deception are ignored and the Court just moves ahead in the case. That depends if that person is aware of the situation that is unfolding against them in this Court. Then when they complain about the Court, the Court locks them up in Jail to prove they have the power over that Defendant, this happened to the Defendant to prevent his Appeal in the required time limit.
I DID NOT SIGN THE PLEA AGREEMENT!! I SPOKE UP THE FIRST NIGHT AFTER COURT IN A 3 PAGE STATEMENT THAT WAS FAXED THAT NIGHT AND MANY OTHER STATEMENTS THAT FOLLOWED. THERE WAS NEVER A REPLY AT ALL!! Until October of 2010 after demanding a reply from the Court, I got just a denial of my requests.
In fact, 10 statements were submitted to the Scottsdale Court by faxing them. Which is not very cooperative in protecting our Civil Right’s as Defendants from a deceptive Court process.
THIS COURT KNOWS NOBODY IS GOING TO DO ANYTHING ABOUT THE WAY THEY CONDUCT COURT PROCEDURES!
The Defendant was told by the Courts Clerk that this Court does reply to any Defendants who are not represented by a Lawyer!! Judge (Blake) even told him this in his Courtroom that he doesn’t have a Lawyer. When they deny replying to the Defendants, what happens from the result of this is a person sits at home waiting for that reply and never gets one, so the time slowly slips by in hopes that it will be forgotten about by the Defendant. THIS ONE DIDN’T FORGET and he will go all the way to Washington!!
The Second Public Defender (Ana Sanchez) who was assigned to defend him at the Probation Violating Hearings against him said Judge (Blake) even called her to tell the Defendant to stop writing statements to the Court. THIS IS WRONG; HE VIOLATES COURT PROCEDURES BY CALLING A PUBLIC DEFENDER OUTSIDE OF COURT. A Court statement to her would have been suitable to follow the Court procedures, but since Judge (Blake) didn’t do that you can just imaging the verbal exchange against the Defendant in this phone call. Another younger and inexperienced Public Defender was now assigned to take this case to see it through the Probation Violation hearing.
This Public Defender (Ana Sanchez) has told the Defendant on November 5th, 2010 that the Court won’t appoint her to represent him because it is not in her contract to handle these types of Appeals. She was assigned to represent him in the Probation Violation hearing because he is not paying this money to the Court. The Defendant won the Violation hearing due to the lack of job and money to pay.
The Defendant submitted a formal request for the actual person who is assigned to do these types of Appeals and the Court did not assign her and denied allowing him an Appeal representation. Court did not respond to his request.
There is good evidence of a cover up here; someone just needs to see what has been prepared.
You can’t stop someone from writing any statements to protect their rights, that violates our freedom of speech!!
Now there is a bigger problem for the Defendant, defending his case and that is the lack of experience to file this Appeal petition with the Court.
A LAWYERS OR THE MEDIAS HELP IS NEEDED!!
An Appeal was submitted and denied without explanation from that Court.
THEY CALLED THE REQUEST UNTIMELY!! THE FIRST STATEMENT WAS SENT IN NOVEMBER 2009 THE NIGHT AFTER THE TRIAL DATE APPEARANCE. They sent me a statement reply in October of 2010. This is now December 2010 to January 2011. I would most certainly say my objection was not untimely at that time in November of 2009 and statements there after!!
All across this land people fight these cases every day without Lawyers and win in an honest Court setting. This Court does not allow this.
THE BAR STAFF STARTED THIS SITUATION BY ATTACKING THE DEFENDANT. THE PROSECUTOR WITHHELD A LOT OF EVIDENCE UNTIL THIS PLEA AGREEMENT WAS MADE ON THE TRIAL DATE, AND THEN BROUGHT OUT ALL HIS HIDDEN EVIDENCE AT THE SENTENCING HEARING TO “STICK THE DEFENDANT TO THE WALL FOR $7,000.00 DOLLARS”!
WHAT HAPPENED TO THE COURT RULES OF PROVIDING ALL EVIDENCE DURING THE 20 DAY DISCOVERY TIME LINE? THIS IS NOT THE CASE AND THIS COURT CASE IS PROOF OF THIS!
THEY HAVE NO PHYSICAL EVIDENCE TO PROVE THE STATES CASE FOR DAMAGES!! The Scottsdale Police did not take pictures or confiscate any damaged evidence because there wasn’t any damage to report. This was stated to the Court in many statements.
I am almost homeless and unemployed here in Arizona and staying with someone to help their elderly Parents for awhile, if it was not for the fact that my friends like me, I would not have a place to stay during these hard times with our economy suffering from war times. I can’t leave until this is corruption is settled or my life will be a future of hiding from the law.
I feel this case was easily enticed because of my financial situation and inability to fight back in this case because of the lack of money to hire a paid LAWYER to protect my Civil Right’s. The result of this situation I was forced to obtain a Public Defender to defend my rights, his name is Eugene Marquez of Marquez Law offices of Tempe, Arizona.
Judge Nancy Lewis and Chief Judge B. Monty Morgan for Scottsdale Courts keep refusing my faxed statements and motions because I am not represented by a Lawyer. They keep telling me I already “Pled Guilty” and told the Court this. “I DID NOT SIGN THE PLEA AGREEMENT AND SPOKE UP THAT NIGHT IN A 3 PAGE STATEMENT TO THE COURT”. I faxed a copy to the Court that I did not sign that “Plea Agreement” and denied the guilt and damages. I have made a request for a new Public Defender and they denied that too but did not reply to any requests.
I am still fighting as of January 2011 against paying for injustice. I faced a Court Hearing on October 26th, 2010 for Probation Violation for not making payments on this $7,000.00 restitution. Judge (Blake) allowed me the time to file an Appeal. I have no idea what to do! The Court Judge that day denied I violated the Probation rules. I am not working, therefore they can’t expect payment if I can’t have the means to make the payment. The appeal is in force at this time and was filed on November 15th, 2010. The Judge Blake has read my statements about the wrongful prosecution in this case and I think he is favoring my attempt to get this corrected, so he refused allowing the Prosecutor the right to toss me in Jail for not paying. Thanks to him.
I was defending myself and the Video the Bar provided to the Prosecutors Office would show me being physically attacked by the Bar staff at Zipp’s Sports Bar on Camelback Road in Scottsdale, Arizona.
The Prosecutor (Ken Flint) withheld the Video because he seen the Bar started it. After not signing the “Verbal Plea Agreement” statement”, I spoke up by writing many letters to the Court about misconception by the Public Defender (Eugene Marquez). The Judge (Nancy Lewis) even ordered me to 5 days in Jail and had me taken from Jail because she knew it would place that Jail time past the Appeal dates deadline. SHE VIOLATED MY CIVIL RIGHT’S BY INTERFERING AND PLACING ME IN JAIL TO PREVENT ME THE TIME ALLOWED TO FILE AN APPEAL OR POST CONVICTION RELIEF REQUEST IN THIS CASE. I FEEL STRONGLY THAT SHE DID THIS IN RETALIATION FOR SPEAKING UP ABOUT THE CORRUPTION IN HER COURT ROOM AND THOSE INVOLVED ON MY STATEMENTS! THEY SHOULD BE IN JAIL!
I WANT TO TELL EVERYONE, STAY AWAY FROM ZIPPS SPORTS BAR ON CAMELBACK ROAD, IN SCOTTSDALE ARIZONA. THEY USE VIDEO AGAINST THEIR PATRONS AND THEN THE CITY COURT COVERS UP THE EVIDENCE WHEN THE BAR IS WRONG!
Read the statement as it unfolds from the time of entry at the Bar to current time. There may have been a few missed details, but reading what is stated will give you a very good idea of the injustice against me and those others out there that have been through this Scottsdale Court.
On May 24th, 2009 at Midnight, I walked into a Scottsdale, Arizona Sports Bar called Zipp’s. I was sober, by myself and in a very quiet mood. I stayed until closing time at 2AM.
I was recently told that three members of my family have been diagnosed with Huntington’s Disease. Being pretty worried about how this would affect me for the rest of my life, I just wanted to go sit, be alone and watch a sports game for awhile. I sat at the Main Bar and watched those 5 or 6 TV’s.
At closing time, the Female Bartender said to me, “We close in 5 minutes”. I finished up my glass of water and prepared to leave. I had drunk two short beers and then three glasses of water in this two hour time. Most surely wasn’t feeling any aggression at any point while there.
The water was in a clear plastic, 16 Ounce Cup. A few minutes later the Male Manager (Who didn’t identify himself at this time and I didn’t know until Police showed up who he was) walks up to me and nudges my left arm and says “Let’s go, your leaving”! I said to the Bartender, “Did you see that, he pushed me”? She was just turning around and seen it, but didn’t say a word, she just made a face at him. I then said, “You don’t have to get pushy”.
I knew the place was on Video because I seen the hidden Cameras while I was sitting at the Bar. (There are no signs at the bar entryways or on the walls either)
This may be another reason why the Video was withheld, they know it is illegal if not posted and this would toss this case out automatically, if a paid lawyer had been involved in this case, that would have come up in court.
I was standing up at this time and went too toss my empty plastic water glass into the trash and it hit the edge of the trash can and bounced. (I have obtained a copy of the picture now on October 15th, 2010 and the picture clearly shows me looking down with my arm in the air holding the plastic glass like I am aiming for the trash, you can see my head is tilted downward and facing the trash can). This trash can is about a foot away, maybe two feet. That is when the Waitress attacked me from the behind the Manager. She came at me face to face yelling something and I had to block her to protect from being swung at. I said to her “Don’t go getting involved in things like you’re going to do something”!! She snapped instantly and charged aggressively. Now I have two people pushing on me as I am walking sideways and leaving the Bar. I got out the door and they locked it behind me. I thought I left my keys on the counter, so I rattled the door handle and another waitress came from around the corner through the Patio area and said “There weren’t any keys on the Bar”. “I said a few statements to her about the other employees and told her, she should tell their Manager about how they acted tonight.
They both came from around the Patio area because this Waitress came out alone. While outside having an exchange of words with them and telling him “Some day somebody is going to kick the shit out of both of you”! Some more words were yelled out at me and a verbal exchange between us and then more pushing and shoving started as they tried to get me to leave. This became a wrestling match of them against me for no reason. I WAS ALREADY OUTSIDE THE BAR AT THIS TIME AND THEY FOLLOWED ME OUT AND BEGAN THEIR ATTACK. I SUSPECT THE PARKING LOT IS NOT UNDER VIDEO SURVEILLANCE. Upon trying to leave the Police arrived and the Manager told the Police I went after the staff. The Police attacked me and I was yelling these statements “I am not resisting”, “Stop this brutality”, “You’re twisting my arm out of the socket”. Police have Video and Voice Recordings on their Cars. I was injured by the Bar and Scottsdale, Arizona Police. The Police refused me medical attention upon arrival to the Jail. To this day, my arm socket doesn’t rotate properly, the socket clicks when it is rotating over my shoulder height and my arm gets fatigued. BUT I CANT FILE ANY DAMAGES AGAINST THEM BECAUSE THEY ATTACKED ME AND IM IN COURT FOR THIS? SAD!
A Lawyer should have pursued this but Lawyers in this area won’t take cases against Corrupt Police forces when they have to work with them in the same cities.
I was taken to Jail because the Bar manager (Nick Walker) told the Police I did damage to Bar property and he claimed he was injured. (He bumped his mouth on the waitresses shoulder and he even blurted out during the altercation that he was hurt and when she asked “How”?, he said “He hit it on her shoulder”). Police write his injury on the report and stuck me with three charges.
The Police never took pictures of any damages at the time of this incident. This is crucial to remember later because a lot more hidden evidence appears after the verbal “Plea Agreement” was falsely obtained!
The Police never viewed the Video at the Bar to make any verification of the Bars story, they just took his word and the Bar submitted this video to the Prosecution (Ken Flint) later. The Prosecutor (Ken Flint) withheld this Video and other evidence from every court appearance.
Yet they state in the Court rules that both sides of any case must submit their evidence during the discovery period within 20 days, so the opposing Court council can review that evidence. This was not the process that happened for me in my case. Evidence on a Police Report is required to be shown too any Defendant upon request. I made requests to Public Defender (Eugene Marquez) at the first appearance and others that followed. I requested the video, police and voice recordings from the Police cars as well, from the Public Defender (Eugene Marquez).
I have submitted statements on November, 20th, 2009, January 14th, 2010, January 23rd, 2010, March 25th, 2010, April 6th, 2010, July 5th, 2010, August 30th 2010, August 31st, 2010, October7th, 2010 and twice on October 15th, 2010, October 19th, 2010, October 20th, 2010, October 25th, 2010, October 28th, 2010, October 29th, 2010, November 2nd, 2010.
NOT ONE REPLY OR ACCEPTANCE FOR A NEW HEARING REQUEST OR ACCEPTANCE TO HEAR ANY MOTIONS HAVE BEEN GRANTED UNTIL OCTOBER OF 2010. Only one reply in many statements. WHY?
I finally had money and obtained submitted evidence on Oct 15th, 2010, because I needed to defend my statements to the Court and write up this statement. While having these items, I have stumbled across a lot of deception between them both!!!
The request Public Defender (Eugene Marquez) submitted to the Court Clerk to obtain a copy of any evidence, involving Videos or Recordings was requested by him on SEPT 14th, 2009. The First Court appearance was in July of 2009. This is when I stated I wanted the Video and other evidence to prove “Self-Defense”. NOT A VERY TIMELY REQUEST BY THE PUBLIC DEFENDER!
Prior to the First Court appearance, the Prosecutor (Ken Flint) added three more charges and sent them to me in the mail. Now I am facing 6 charges. On this statement, the charges said the amounts of damages in the case are listed as being $250.00 to $2000.00.
There is not one thing on the statement that says the damages reached over $2,000.00. Especially, not $6,000.00 for alleged damages.
I made a request at the First Court appearance for the appointment of a Public Defender and one was assigned. His name was Eugene Marquez of Marquez Law Offices in Tempe, Arizona. New Court date was set.
The case progresses to Second Court appearance in Pre Trial Court where I make a request to the Public Defender (Eugene Marquez) to obtain that Bar Video because it will prove they started this incident and the case should be dismissed against me. I made another request for him to obtain the Voice Recordings and Videos from the Police Cars as well. These never surfaced either because he didn’t request them like he said he would!
I told the Public Defender (Eugene Marquez) I have never been arrested nor had any tickets in Arizona in the 20 years that I been coming here. I also told him I went to school for Law Enforcement. I told him “I was defending myself and the Video would prove this”. He said “Lets plan on taking this too Court trial then”. If he did an honest representation, he would have obtained that Video and had this case dismissed against me immediately.
Public Defender (Eugene Marquez) told me that we would get together and discuss this case in his office to prepare a defense. I told him, “I don’t need a defense, I am not guilty and Video will prove they attacked me”.
He said these statements in front of my witness. She was present at every Court appearance because I needed a witness throughout this case. You will read precisely why in this statement.
During this appearance, I asked to speak with the Manager in a conference and the Public Defenders (Eugene Marquez) reply was “Stay away from Nick Walker and the Bar where this happened”. Now does this attempt to apologize sound like someone not wanting to express remorse?
Public Defender (Eugene Marquez) appeared to be an aggressive type Public Defender by the way he talked. He was very smooth. Come to learn during our appearances that he was as corrupt as the Prosecutor (Ken Flint).
While we were at the Pre-Trial Court appearance, the Prosecutor(Ken Flint) requested a 1000 Foot boundary to keep me away from the Bar because he said “The Bar staff said they had seen me walking around the Bar a few times making clapping noises and other gestures to the staff from the side walk out front”. LIES!! I hate liars and more so corrupt Court Officers.
I asked the Public Defender (Eugene Marquez) to ask him when this happened. He just sat there and did nothing. He told me, “Not to worry about it because they say that all the time”. I said “I am worried about it because this goes on Court Record and it’s a lie!
This was a complete lie because I left Arizona within a couple days of that Court appearance to go back to the Midwest. I have receipts to prove my travel itinerary. I returned to Scottsdale, Arizona just a couple days before the next court appearance. I can also prove this. Gas receipts and phone records don’t lie and neither do honest people!
I also don’t stalk people either and that’s what this deceptive Prosecutor was making me sound like.
The Second Court-Pre Trial visit, Public Defender (Eugene Marquez) said “The Video has not been turned over yet”. Public Defender (Eugene Marquez) told me that we will get together and discuss this case in his office to prepare a defense. There was not much talk between us, so another Court day was appointed.
The Third Court-Pre Trial visit was the same small talk and he is still waiting for the Video to be turned over. This is when I realized this case was being drawn out so the Public Defender (Eugene Marquez) would draw wages for his services or this would be over by now.
I was out of Arizona in the Midwest, taking care of my personal business. While out of state, I had called this Public Defender (Eugene Marquez) many times from a borrowed Cell Phone. I have records to prove those calls. While talking with this man, he kept telling me the “Video has not been turned over yet”. On the Third Month, this is when I said, “You’re not getting this evidence (bar video, police car video and voice recordings) in a timely manner”. He didn’t say a word, just kept quiet. It was after this that he stopped calling me and I had only heard from him twice; I had to call him to get any information about my case. I even told the Court about this in my statements. I requested to show my records, but Judge denied that.
There is no way the Video isn’t available, it doesn’t take that long to obtain Video from any business involving charges against a patron. The Video was withheld hidden from me because it would prove the bar started this situation. Withholding this video would also prevent the bar from being sued in any damages caused against me for false arrest.
Remember this, Eugene Marquez never turned in the video request until Sept, 2009. Just 18 days before trial date appearance. He also never requested the police car reports. More later.
The Fourth Court visit, I appeared at the Courthouse for a Trial Hearing. This Public Defender (Eugene Marquez) never met with me in his office, like he promised. Eugene Marquez had never talked to me about my case like he promised, nor even make an attempt to contact me after that phone call the Third Month.
Eugene Marquez did not have any notes for this case from any meeting that we should have had. Public Defender (Eugene Marquez) failed to fulfill his ethical obligations as a Public Defender. He was inadequate.
On the Trial Day, we met Eugene Marquez in the entry way at the Court House and I asked where the Video was and why he never met with me like he said he would. He told me “That Video isn’t part of this case anymore”. (THIS IS ON THE POLICE REPORT-THAT MAKES THIS EVIDENCE VIEWABLE FOR BOTH SIDES UPON REQUEST)!
And then he said to me “He has this all worked out and half the serious charges were dropped to the lesser charges”. We went into an office to talk outside the Courtroom and he told me “He had this all worked out and if I should accept this deal, then he would write a “Brief” to the Court on my behalf to explain that I have no prior record and deserve the lowest consequences to me”. (This is one of the biggest lies I have ever heard, now that I look back on this I should have walked into court and spoke up).
While talking and doing his convincing act, He told me “You never win these cases because it’s their word against yours and they have witnesses and evidence”. He also added, “You’re going to lose this case and if you do, you will be charged with the maximum penalties for going to trial, so take this agreement”!!
I mean this guy was laying the convincing act on very thick to get me too take this “Plea Agreement”. He told me “This case would be dismissed from the record after all the commitments were completed”. He made me believe I had no choice in this situation. I was listening to him tell me that, the Prosecutor (Ken Flint) dropped the Three more damaging charges to the lesser charges and offered 2 years unsupervised probation, remove the jail time from the case, then I would pay for the lamp of $125.00(no pictures or evidence remember) that they claimed was damaged and pay for the Dentist visit of the Manager(Nick Walker) of $271.00. Public Defender (Eugene Marquez) also told me I would have to attend an Anger Management Class for One or Two days. This turned out to be 20 Days at 2 Hours a Day for the cost of $400.00. This class was only allowing a person to attend One Day a Week for a Two Hour session each Week. This means it was drawn out for Months and this kept me from going back to the Midwest. WHY DIDN’T THE BARS STAFF HAVE TO ATTEND A CLASS FOR ANGER MANAGEMENT, WHY IS IT ALWAYS THE DEFENDANTS IN CASES? More details to come still on damages.
After the Trial Date appearance I went home and wrote a 3 page letter to the Court telling them what Public Defender (Eugene Marquez) just co hearsed me to do and stated that he was corrupt and failed to provide me with an a defense. HE WAS INADEQUITE! I pointed out the serious misconception in this case and never got a reply.
THANK YOU EUGENE MARQUEZ YOU CORRUPT PUBLIC DEFENDER!!!! I HOPE YOU FEEL GOOD ABOUT YOURSELF!!!!!!!
(read the full restitution against me as this statement is written).
During the Trial Hearing appearance after this “Verbal Plea Agreement” was fabricated….the Judge (Nancy Lewis) never asked me if I was promised anything, pressured or threatened into my Plea Agreement! I sat in another Court room and found that Judges Blake and Olcavate ask everyone in their Court this very statement. This was also stated to the Court in one of my responses.
But when we get to the Sentencing Hearing, that is when the Judge (Nancy Lewis) does ask me and I spoke up and shook my head and said “Yes, then I started in on my statement to the Public Defender (Eugene Marquez) about why he dropped the ball in my case and told me things there were not true and said charges were dropped. I said he’s a liar….I got louder and made my statement, the Judge called the Deputy in. You know I was loud enough to be on record, I wanted to be heard!
WHY DIDN’T SHE ASK ME THAT STATEMENT AT THE TRIAL DATE WHEN THE AGREEMENT WAS MADE? CAN YOU SEE THE FLAW IN THE COURTS PROCESS HERE?
Then I said “All the evidence was withheld against me prior to the Trial Hearing day and nothing was submitted during the 20 day discovery time limit like the Court states it should be”. No response.
During the Sentencing Hearing with Public Defender (Eugene Marquez) and while we were before the Judge, that is when he leaned over and said “Oh, I forgot to tell you, you’re being charged with all six counts against you now and they want Jail time and more money to pay Nick Walker with”! I said, “What are you talking about”, “Did you go and do something behind by back”?…”You better not have”! I turned around and looked at my witness, to see if she heard him. This was the only time she didn’t hear him.
He was very quiet about this. But the Court Recording was on and if a person was the check that out, they might hear what he said. This was told to the Court as well in all my statements. I would just bet that this was removed from the recording for that day due to the other corruption in this case.
Unless this is the reason he is no longer with the Court.
I submitted a typed statement requesting the Appeal papers on January 20th, 2010. NO REPLY FROM THE COURT.
On March 19th, 2010, I appeared at the Court House and was denied being given the Appeal papers because the Probation Office filed a report that I was not paying the $300.00 a month payments like they wanted. THIS EVENT TO ME CLEARLY SPELLS OUT ANOTHER WAY TO BLOCK ME. I was paying $5.00 a month and that’s all I had since I had not had a job for a couple years. I stopped making payments because I am not guilty and refuse to pay to court corruption!!
Judge Nancy Lewis ordered a RULE 32 Hearing. Date was set for February 11th, 2010.
After Court was over at Sentence Hearing, I was walking out of the Court Room right behind Public Defender (Eugene Marquez) by about 50 feet. I had to wait for paper work from the Court Clerk. I then walked very fast out the door to try and catch Public Defender (Eugene Marquez) because I wanted to talk to him. He had some explaining to do! This man would not stop to talk to me, got into his Car and sped out of the Scottsdale Court Parking Lot on Two Wheels!! I watched him speed away and waving my arms at him to get his attention. He turned and looked the way I was standing to look for traffic coming down the street. My witness even seen he avoided me too. This lot is under Camera Surveillance also.
This is when the light bulb turned on in my head and I started shaking about what was about to happen at the Sentence Hearing. I was seriously sweating, hyperventilating and losing my breath, I almost passed out. This case is a major blow of corruption to anyone. Just think for one minute about the feelings of all those people who have experienced this same deception.
During my meetings at the Court House with Public Defender (Eugene Marquez), he even tried to split me up with my witness to keep her from hearing what he was saying. This was also told to the Court in my statements. Maybe this is why he is no longer working with that cities Court? I found out on October 15th, 2010 from the Court Clerk that he suddenly stopped working with the Courts in Scottsdale shortly after my case.
During the Sentencing Hearing, the Prosecutor (Ken Flint) brought up new evidence that was not submitted prior to the Trial Date (there was no trial because of Eugene Marquez’s corruption to mislead the defendant). The Prosecutor (Ken Flint) started talking about the incident and what he would show for his side of the case and Public Defender (Eugene Marquez) just sat there silently. He didn’t object to anything on his own!
Prosecutor (Ken Flint) told the Court that I caused damages in the excess of $6,500.00 to the Bar and staff. He told the Court that there were Dental damages to Nick Walkers mouth and there was a Dentist statement provided at this time (NOT PRIOR TO TRAIL DATE WHEN THE PLEA WAS VERBALLY ACCEPTED). Prosecutor (Ken Flint), slid this statement across the table in front of me and I did not even have 5 seconds to read this. This was the first viewing of this statement.
The statement made by the Dentist stated and I quote “I ADVISED THE PATIENT THAT REPLACING THE BRIDGE WITHOUT FURTHER REASON OR INDICATION IS NOT RECOMMENED; IT MAY DO MORE HARM THAN GOOD. RE-EVALUATION IS RECOMMENDED FOR 5 YEARS. NICK WAS ONLY PROVIDED WITH A STATEMENT THAT TOLD HIM OF THE POSSIBLE CHARGES IN THE FUTURE”. THE DENTIST ALSO STATES “WITHOUT A MAGIC BALL TO PREDICT THE FUTURE AND THERE IS NO WAY TO DETERMINE ANY FURTHER DAMAGES”.
(MY INTERPRETATION IS….”THERE IS NO DAMAGE AT THIS TIME AND THERE IS NO WAY TO DETERMINE ANY DAMAGE IN THE FUTURE”.)
NO MAJOR DENTAL REPAIRS WERE DONE AND THE COURT ORDERED ME TO PAY FOR SOMETHING THAT DID NOT HAPPEN BY ME, TO THE COST OF OVER $4,000.00!!
THEY STARTED THIS ALTERCATION AND THE DAMAGES TO NICKS MOUTH WAS THE RESULT OF HIM STRIKING HIS MOUTH ON THE WAITRESSES SHOULDER WHILE THEY WERE ATTACKING ME! HE EVEN BURSTED OUT HE WAS HURT AND WHEN SHE ASKED, HE TOLD HER “HE HIT HIS MOUTH ON HER SHOULDER WHILE THEY WERE BOTH OVER THE TOP OF ME IN THIS ALTERCATION”.
With that said, the Manager Nick Walker was wrongfully paid, this means he committed fraud by accepting payment from an Insurance company for something that was wrong-fully submitted to them. I don’t think the Prosecutor was thinking about this part of his lie. IS’NT THIS FRAUD BY A PROSECUTOR?
I SEEN WHILE I WAS READING THE EVIDENCE FROM THE DENTIST, IT SAYS THE DAMAGES TO NICKS MOUTH WAS REPAIRED BACK IN July of 2008…THE COURT ACCEPTED THIS STATEMENT AND IT’S WRONG!
THEREFORE, ISNT THIS A LEGIT REASON FOR A DISMISSAL OF THAT DENTAL EVIDENCE AND DAMAGES?
THE INCIDENT WAS ON MAY 24TH OF 2009 AT 2AM.
I was sitting at the Court table during Sentencing, when Prosecutor (Ken Flint) slid a photo on to the table in front of me. It shows me holding that plastic water cup in the air and you can clearly see me aiming for the trash can. THIS PICTURE DID NOT SIT THERE ANY LONGER THE 5 SECONDS AND KEN FLINT GRABBED IT OUT OF MY HAND. THIS EVIDENCE WAS NOT SUBMITTED TO THE DEFENSE FOR REVIEW ANY TIME BEFORE THE TRIAL HEARING, WHEN THE DISCOVERY TIME SHOULD HAVE BEEN. THIS IS CORRUPT EVIDENCE AND PUBLIC DEFENDER (EUGENE MARQUEZ) SHOULD NOT HAVE LET THIS CASE GO THIS FAR!!! The photo is kind of dark and leaves a huge open lie for the Prosecutor, but you can see me looking down at the Trash Can. THAT MEANS IT DOESN’T SHOW ANY PROOF THAT I CAUSED DAMAGE TO A TV LIKE THEY CLAIMED.
How can a Court accept a picture of something being tossed in a Trash Can as evidence that it damaged a TV? THE TV’S ARE UP ON A WALL WHERE THE CAMERA WAS TAKING THIS VIDEO FROM!!!! THOSE TV’S ARE OVER 8 FEET AWAY. REMEMBER THE PLASTIC WATER GLASS WAS EMPTY AND HEADED FOR THE TRASH CAN!! More later too.
Where was the Public Defender (Eugene Marquez)? He was sitting right there and did nothing about the withholding of evidence against me. I said something to Eugene Marquez to object and defend me. He was looking at the picture and just said “See you did this damage and you deserve to pay”!!!!!!!!! THIS PICTURE CAME FROM THE VIDEO AND SHOULD HAVE NOT BEEN ALLOWED INTO EVIDENCE IF THEY WERE NOT GOING TO SHOW THE TIMELINE BEFORE AND AFTER THIS PHOTO OF THE SITUATION TO PROVE THE STATES CASE. But the Public Defender (Eugene Marquez) would not do a thing. BUT MAKE IMMORAL AND UNETHICAL STATEMENTS TO ME ABOUT WHAT HE THINKS.
I told him too object to this line of misleading questions and he told me to “Sit there and shut up”!! He said this more then once.
I almost fell out of my chair. I was seriously getting sick!!!! I WAS BEING RAILROADED BY COURT CORRUPTION AT EVERY POSSIBLE ANGLE THEY COULD DO TO ME!!
I was sitting in Court and wondering what is seriously wrong with the justice in this place, that they have to go this far just to get charges against people. There is no justice and they violate people’s Civil Right’s and the Judge protects the deception of their Court Lawyers before any citizen. This is clear as you have read and will keep reading.
After that Photo and Dentist statement was gone over, the Prosecutor (Ken Flint) had Nick Walker called to the stand and while sitting there, the Prosecutor (Ken Flint) asked Nick Walker how he hurt his mouth. The Prosecutor (Ken Flint) said, “How did you hurt your mouth, was it by bumping it”? His reply was “He must have caught an elbow, shoulder or something, that’s how he guessed it happened”. HE DIDN’T SAY IT WAS MY SHOULDER AND HE DIDN’T POINT TO ME, BECAUSE HE HIT THE WAITRESSES SHOULDER IN THE SCUFFLE AND HE KNOWS THIS!!!!!!! The Prosecutor twisted the facts
THIS IS LEADING THE WITNESS BY THE PROSECUTOR!!! No objection from the Public Defender after my request.
NICK WALKER SAID TO THE WAITRESS, WHILE THE INCIDENT WAS TRANSPIRING AT THE BAR, THAT HE WAS HURT FROM HITTING HER SHOULDER. His words were…”I am hurt”, her reply was “How did you do that”? His reply was “I hit my mouth on your shoulder”!!
THIS WAS A DIRECT ATTACK ON ME AND IM TRYING TO DEFEND MYSELF AGAINST SEVERAL PEOPLE AND THE COURT WANTS TO SAY I DID DAMAGES. NO PUNCHES WERE THROWN JUST PUSHING AND SHOVING BY THEM AND ROLLING AROUND ON THE GROUND. The natural reaction of any human is too stand your ground and defend yourself!!!!! They followed me out of the Bar and this was what on that Video and Ken Flint knew it.
The Public Defender (Eugene Marquez) should have objected. This is leading the witness and I said something to Public Defender (Eugene Marquez) to object, he just sat there and told me to “SIT THERE AND SHUT UP”! I started making coughing noises to the Judge but she wouldn’t look. Nick Walker lied on the stand and told the Court that I was walking around the Bar that evening making clapping noises, other gestures and disturbing other patrons. THIS WAS A FLAT OUT LIE AND THE VIDEO WOULD PROVE IT!! I was not at the Bar all evening, I had only been there Two Hours and as god as my witness, I did not bother anyone at any time! Nick was in the back room and I could see the doorway of the kitchen where the back room is. He came out of the back room at closing time. The man is a liar and lied under Oath to get these charges elevated against me in this case of corruption.
The Video would prove he lied too. The Prosecutor put Nick Walker up to this lie because there was no way to disprove it, because they were not turning over the Video.
While he is still on the stand, the Prosecutor (Ken Flint) brings up this TV that they claim was ruined also by me FROM THAT PLASTIC CUP (the cup was empty). There was NO TV listed on the Police Report as evidence, nor were there any pictures taken of damages. While Nick is on the stand, I leaned over and said to the Public Defender (Eugene Marquez) “Ask him where this TV is right now”. AND HE DID, Finally, he does something! He asks Nick Walker “Where is the TV”? He replies “It was thrown out just after the TV was replaced”. WHAT, NO EVIDENCE?
ONE HAS TO WONDER WHERE THE OTHER STAFF ARE THAT WERE INVOLVED?? They knew the truth, maybe they quit or got fired.
THERES NO EVIDENCE TO VERIFY ANY OF THE CLAIMED DAMAGES IN THIS CASE!!!!! NONE. I did not damage anything. I was deceived!!
There was an ESTIMATE FOR REPLACEMENT DISPLAYED BY THE PROSECUTOR (KEN FLINT) AT THE SENTENCE HEARING AND NOT BEFORE.
This statement even says-it’s an estimate not a bill of sale. I have a copy of this fabricated evidence. (There are certainly cheaper prices on TV’s then this estimate.)
Let’s talk about the invoice submitted for the Lamp they claim was damaged for $200.00. I was told it was $125.00 by Public Defender. This invoice is a statement that can be made with any home computer. There is no business name or business registration number on the invoice. There is some guys name, address and phone number. The document isn’t in any order like a real business would provide for a customer. The invoice is not even signed either by that so called business owner. The address on this invoice reads 221136 for the numbers and I entered the whole address into Mapquest, Yahoo and Microsoft Streets & Trips. THERE IS NO SUCH ADDRESS LISTED WITH ANY OF THEM.
Why wasn’t this guy in Court as a witness that he replaced a damaged Lamp? THAT’S A GOOD POINT!
There were no pictures taken of Nick Walkers face either if he was hurt. The Insurance company filed a subrogation claim against me and said they paid out Nick Walker $4252.00 for damages. The Dentist statement, like I said was $271.00, not $4252.00.
THIS IS CASE EVIDENCE AND IT WAS WITHHELD UNTIL THE SENTENCING HEARING!!!!!! The Insurance companies claim is wrong against me and Nick Walker lied to the Insurance company to collect damages. The Judge (Nancy Lewis) should have tossed this claim out of Court but she did not know because nothing had been said about the mouth injury until after the hearing dates, when I said something on statements to the Court.
The Insurance company avoided taking me to Court civilly because they would have to show that Video and that would mean, they would lose this case.
The corrupt Prosecutor (Ken Flint) worked with corrupt Public Defender (Eugene Marquez to secure a CORRUPT “Verbal Plea Agreement”. As well as they fabricated evidence to sustain more then $7,000.00 in restitution damages.
THERE WAS ALSO NO X-RAYS PROVIDED TO THE COURT TO VERIFY INJURY TO NICKS FACE. THE DENTIST TOOK X RAYS OF HIS MOUTH AND THESE NEVER ENDED UP IN THE PROSECUTORS HANDS EITHER, FOR VERIFICATION OF DAMAGES. The Dentist was never subpoenaed either by the Court. I did not know anything about this statement or the damages prior to Sentencing.
Nick was not hurt by me!!
After the Sentence Hearing is when Judge (Nancy Lewis) ordered a RULE 32 HEARING AND TOLD ALL PARTIES TO STOP TALKING. Then Prosecutor (Ken Flint) blurted out something to defend the states case and Judge (Nancy Lewis) told him to “Be quiet and we will discuss it later”. KIND OF WONDER WHAT CORRUPTION WAS HAPPENING NOW IN THAT BACK ROOM AT SCOTTSDALE COURTHOUSE!!! You will find out in a few lines.
RULE 32 HEARING DATE WAS FEBRUARY 11TH, 2010.
THEY ARE WITHHOLDING EVIDENCE AND NOW I HAVE SPOKE UP ON THE COURT RECORDING THAT THE CASE WAS CORRUPT. So now, the Court is denying my rights to be heard at any hearings.
ON THE RULE 32 HEARINGS VIDEO, YOU WILL SEE EUGENE MARQUEZ STANDING AT ONE END OF THE COURT TABLE AND ME STANDING AT THE OTHER END OF THE COURT TABLE. MY WITNESS WAS ALSO PRESENT IN COURT. If he did a proper job on this case, then he would have been standing near me. He knew he was busted and the Court has to cover it up.
I didn’t get a chance to speak because Judge (Nancy Lewis) only asked the Public Defender (Eugene Marquez) and Prosecutor (Ken Flint) for their statements to defend the ruling in this case. They both said how they been Lawyers for so many years and have many successful cases. Blah! Blah! Blah!
Public Defender (Eugene Marquez) even lied to the Judge (Nancy Lewis) that he had made the phone contact with me and returned all my calls. He even made a statement that my number was disconnected. I have telephone bills to prove he is lying. He even offered up his Phone Records to prove he did call me many times….He did this at the same time I said, “Let me show mine” Judge (Nancy Lewis) said “Nobody is showing anything”.
HERE IS SOME EVIDENCE THAT WAS SUBMITTED BY EUGENE MARQUEZ TO THE COURT ON SEPTEMBER 25TH OF 2009….IT IS THE “MOTION TO CONTINUE AND ORDER”…IT STATES IN HIS HANDWRITING “CLIENT IS A TRANSIENT/HOMELESS AND IT HAS BEEN DIFFICULT COMMUNICATING WITH HIM UNTIL THAT LAST WEEK”!!! HOW CAN HE KEEP IN CONTACT WITH ME BY PHONE LIKE HE STATED, IF IM A TRAINSIENT/ HOMELESS PERSON AND CAN’T BE REACHED?
HE KNOWS EXACTLY WHAT THE PHONE NUMBER IS AND KNOWS THE ADDRESS TO WHERE I CAN BE REACHED. THE COURT KNOWS THIS TOO BECAUSE THEY SENT ME COURT APPEARANCE NOTICES TO THAT ADDRESS.
FROM ME-- DO YOU UNDERSTAND THIS???THAT IS HIS LIE AND IT IS WRITTEN ON A COURT DOCUMENT THAT PROVES HE LIED TOO THE JUDGE IN MANY STATEMENTS!! Question is, do I waste my time proving this? MAYBE!!
Then Judge (Nancy Lewis) said too me, “I find no basis for your claim and deny any statements you have to say about this case….You need to take responsibility for your actions and you will pay for those today”! During the hearing, the Prosecutor (Ken Flint) told the Court the Video “WAS TOO DAMAGING TO SHOW”! HE WAS RIGHT, IT WAS TOO DAMAGING TO SHOW AGAINST THE BAR, NOT ME!! That’s why he said that to tip her off that the evidence was proof he was hiding a fabricated lie against me.
WHO EVER HEARD OF SOME VIDEO BEING “TOO DAMAGING TO SHOW,” WHEN IT WOULD SUPPORT THE STATES CASE AGAINST A DEFENDANT WHO WAS FACING 6 CHARGES? HUH!!! NOBODY, THEY ALWAYS SHOW THE VIDEOS. HE IS CLEARLY HIDING DECEPTION AND HAS NOW INVOLVED THIS BARS ACTIONS IN HIS CORRUPTION!!
Near the end of the first RULE 32 Hearing, Judge (Nancy Lewis) asked me “Do you have anything to add to your statements that you have already submitted? I said “Yes, I would like to discuss them”. She replied with “NO, if you don’t have anything new to say, then I am not going to listen”.
This is clearly a violation of my CIVIL RIGHT’S to deny me the right to speak in open Court. We were having a RULE 32 Hearing.
While sitting there I asked Judge (Nancy Lewis) to move the Jail dates Two Weeks later because I was having Dental Implant removed due to failure and I would not like to be sitting in Jail or miss this appointment because it has been scheduled for Months. Her reply was “NO”.
That is when Judge (Nancy Lewis) told the Court Clerk to call in a Deputy and take me too the Jail to start a 5 Day Sentence. I was in shock!! She said “You are not going to show up here on Monday and pull some crap like you did last month to get out of taking care of your responsibilities”. ANOTHER CORRUPT MOVE. This was the Judges response since I had the right to not be locked up last month, so I could have time to prepare for the RULE 32 Hearing on my own. Since the Public Defender in my case was corrupt, there was no way I could expect his help.
I had the right to petition for a new Public Defender and file an Appeal and since this RULE 32 Hearing was already nearing the 90 day deadline since the Trial Date, she knew locking me up would put me past any time needed too file an Appeal. Judge (Nancy Lewis) is a visiting Judge to Scottsdale Court and she is only there One Day a Week. That is why they stretched the Court dates out further then sooner, to avoid me filing an Appeal to the Arizona State Court of Appeals in a timely manner.
JUDGE NANCY LEWIS VIOLATED MY CIVIL RIGHT’S BY LOCKING ME UP IN JAIL. THIS WAS NOT ALLOWING ME TO HAVE THE PROPER TIME TO FILE AN APPEAL OR POST CONVICTION REQUEST. MY PRIOR STATEMENTS CLEARLY OUTLINED THE FACTS AND SUPPORTED MY DEFENSE.
Judge (Nancy Lewis) should have dismissed this case early after statements were made too the Court. Now she is part of the corruption as well. The Chief Judge (B Monty Morgan) for Scottsdale also declined my rights to fair hearings. Even after my 10 plus statements to the Court. There are over 25 pages submitted to the Court. Many of the same statements have been rewritten and re clarified to the Court with more factual details of the corruption. But one statement of these details has been filed with the Arizona Court of Appeals now.
I filed a formal complaint with the Arizona State Bar against Public Defender (Eugene Marquez). The Bar denied pursuing any investigation into this injustice against me.
I just looked at the reply from the Arizona State Bar again and I discovered another lie that Eugene Marquez told the State Bar about the Video and what he said to me about my case. I can prove both statements because I have that copy and a witness. But the State Bar is now protecting him because this is a Court appointed case, not a person to Lawyer type case. DO I BOTHER TO PERSUE THIS? NO, I WILL JUST POST THIS SAME STORY ON EVERY SITE I CAN FIND ABOUT LAWYERS AND RATINGS.
On about March 20th, 2010, Scottsdale Court sent me an appearance date for Probation Violation for not making proper payments for the restitution in this case. I had no money or job to pay. The Court knew this. They insisted on payments of $300.00 a month.
I appeared on April 8th of 2010 for the First appearance and applied for another Public Defender. I was approved for a Public Defender. A new Court Date was ordered.
On April 29th, 2010. I appeared at the Court House and met the new Public Defender (Ana Sanchez). The situation was explained too the Court that I was jobless and had no money and was not guilty of this corruption.
I also told her who my original Public Defender was in this case against me and her reply was “Oh, that’s not good and that she had heard about this case”.
The case was continued again to June 22nd, 2010. so that I could have time to locate employment. She told me to make an employment list of jobs I sent applications too. Told her I would only be able too use the library when I had the car to get there. I did not have a running car in Arizona.
The case was continued to August 31st , 2010. Where the discussion came up about modifying the Probation to allow me to vacate Arizona and return to the Midwest so I could have a better chance to locate employment. It was basically a modification of the Probation from Two Years to less then a One Year. THIS IS THE COURTS WAY OF GETTING ME TO COMMIT TO PAYING FOR THEIR RESTITUTIONS. IT WAS MORE TIME WASTING!! They know once I leave, they just attach the collection to my State and Federal Taxes or suspend my license or ability to register a motor vehicle and get their money. Hopefully someone can help me!!!
On July 5th, 2010, I remembered that I didn’t sign the “Plea Agreement” document and this was important evidence. I faxed another statement to the Court that showed I did not sign the “Plea Agreement” and requested a hearing. I also told the Court verbally prior to this date that I did not sign the agreement. SO this was forgotten about until I was sitting down going through the evidence and rediscovered this document. I never heard an



