Most of you know that my trial was scheduled from September 26th-September 29th, 2016.
The trial went forward despite my arguments regarding witness tampering and obstruction of justice due to illegal withholding of a portion of my evidence. Also, the evidence I did receive was not disclosed in time to afford me the opportunity to make beneficial use of it. (Received on September 1st and trial was scheduled for September 26th).
Judge Asphaug also demonstrated prejudicial judicial conduct by granting the State’s motion to have substantial exonerating evidence not introduced in the trial.
I did not have a settlement conference and was offered a plea deal on the first day of my trial. As I’ve said numerous times before, the goal was always to have me plead guilty or be found guilty without access to all of my evidence. After I declined the plea deal, the attitude of the prosecutor and the judge changed significantly and became quite hostile. Here’s the thing, a statement must be free and voluntary, not extracted by any sorts of threats or promises, however slight. Judge Asphaug indicated that if I lost by having a jury trial, she would have the ability to impose a harsh sentence which is exactly what happened. Plea bargaining extorts guilty pleas and the trial tax is just another way to tilt the playing field in favor of the state.
Below is an excerpt from Trial Tax And Plea Bargaining BY
“There’s no law written saying that exercising your right to a jury trial and losing will cost you more. There’s this euphemism in legal land called a “trial tax.” If you exercise your constitutional right to a trial and lose, you typically get reamed even harder than if you took a plea deal.
Why? The incredible amount of unnecessary and unjust laws you could break bog down the courts. Rather than give every defendant his day in court, plea deals are offered. Courts use the “trial tax” as an excuse to discourage jury trials. Judges, prosecutors, and court staff perceive this fundamental right of our American republic as an inconvenience and intimidate the accused into taking deals struck in back rooms.
Remember this next time it is presumed that our courts and laws are fair: Court personnel consider due process a punishable offense.”
Also, I was originally charged with two felony counts and four additional charges were added. This dirty trick is called charge stacking. Read more about this tactic below:
As Attorney Michelle MacDonald once told me, “This is a process of torture where heavier and heavier weights are placed on the chest of the defendant until they either suffocate or confess.”
I did not suffocate nor did I confess to criminal behavior that did not exist.
Below are my special conditions of probation:
Below are two additional conditions that were not in the community corrections document.
It’s clear that this was a malicious prosecution and that I was deprived of the right to a fair trial before an impartial judge. This was also a manipulation of public opinion by false media reports and retaliation for putting the system on trial.
Stay tuned for further updates.