PATRON IS ATTACKED BY BAR STAFF ON VIDEO AND BECOMES VICTIM OF COURT CORRUPTION FROM THE WITHHOLDING OF MANY PIECES OF EVIDENCE BY PROSECUTOR. PATRON WAS TRYING TO PROTECT HIS CIVIL RIGHTS OF SELF DEFENSE IN SCOTTSDALE ARIZONA.
THIS STATEMENT IS AN UPDATED VERSION DUE TO THE FACT, THE PROSECUTOR HAD FAILED TO SUBMIT DEFENDANTS APPEAL FILING TO THE STATE COURT OF APPEALS. THIS WAS JUST DISCOVERED ON JANUARY 27TH, 2011, WHEN THE APPEALS COURT CLERK SAID THEY DID NOT SUBMIT IT. IT IS ON RECORD AS BEING FILED ON NOVEMBER 12TH, 2011 AND THE PROSECUTOR SENT THE DEFENDANT A STATEMENT, SAYING HE IS “MOTIONING TO DISMISS THE APPEAL”. BUT HE DOESN’T HAVE A JUDGES SIGNATURE ON THIS DOCUMENT…THIS STATEMENT IS NOT BE FROM THE APPEALS COURT. THE APPEALS COURT CLERK HAS BEEN ADVISED AND SHE IS PASSING THIS ISSUE ON TOO OTHER MEMBERS.
THIS IS PROSECUTORIAL MISCONDUCT.THE DEFENDANT HAS BEEN WRONGFULLY ACCUSED AND NOW THE PROSECUTOR IS TRYING TO TOSS THIS VICTIM IN JAIL FOR SOMETHING THAT DID NOT HAPPEN AND BECAUSE HE HAS NO MONEY TO PAY FOR THIS INJUSTICE.THE COURT HAS ILLEGALLY DENIED HIM THE RIGHT TO AN APPEAL AND DENIED HIS REQUEST FOR AN APPOINTMENT OF A NEW PUBLIC DEFENDER, BECAUSE THEY KNOW THAT HE CANT DO ANYTHING AND IF HE SENDS ANY STATEMENTS, THEY JUST HIDE THEM FROM THE EVIDENCE.JANUARY 30TH, 2011. I JUST FOUND A CHART THAT SHOWS THE CRIMINAL APPEALS ARE. 2006 IS UNDER 5%, 2007 IS 7.04%, 2008 IS 7.21%, 2009 IS 12.41% AND 2010 IS 13.7%. THE OTHER LISTINGS ON THE CHART ARE ALL OVER 73% FOR APPEALS IN OTHER CATEGORIES. IF YOU WANT TO SEE THE CHART, EMAIL ME AND I WILL GIVE YOU THE SITE. THE REASON THE CRIMINAL APPEALS ARE SO LOW IS BECAUSE THIS PROSECUTOR AND COURT ARE DENYING PEOPLE THEIR RIGHTS TO AN APPEAL BY HOLDING THEIR SUBMISSIONS.
This defendant has been asking for an Appeal processing since the First Month after the case and the Court is denying him that right to be heard at an open hearing.THIS CASE IS BEING HIDDEN BY THE PROSECUTOR BECAUSE HE KNOWS THE DEFENDANTS EVIDENCE OF CORRUPTION IS VERY GOOD!!
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. Can you imagine the hundreds of thousands of cases there are that have been fabricated this way and they are getting away with it? It is very overwhelming just to think about it. My statement is a petition to get help from a Lawyer, the Legislature, Senate or any other house members in the Arizona Judicial system TO INVESTIGATE. 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 and inform the people. This is very serious plan of corruption!
Writing this statement took many weeks of editing to get the complete story about how I became a victim to this corruption and how I used my previous education and knowledge to discover this Courts deceptive process. I was not guilty of 6 charges and $6,500.00 in restitutions of this case. I was deceived by a corrupt Public Defender and Sneaky Prosecutor! 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 corruption. Those people say they were misled into charges where they could have been dismissed or processed with a legitimate lower 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 revenue, not protect justice. The Defendants with paid Lawyers do not see this injustice happening because that process is done differently for those Defendants. Therefore, those with Court appointed Public Defenders suffer injustice to the corruption. None of the Lawyers are going to speak up against the Court, because they would suffer case losses in retaliation.
This statement does not say all Prosecutors and Public Defenders are corrupt everywhere, but there is a smooth deception going on here in this Court to convict the Defendants with 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. However, her statement has never been requested by any Judge at the Scottsdale Court to verify my written submissions about the wrong doings of the Public Defender. I am not a Lawyer, so in my opinion, this Court should have re-appointed the different representation to me and an open hearing. I started submitting statements about deception by the Public Defender on that first night after the Trial appearance.(there was no trial due to deception actions of the Public Defender)THIS CASE SHOULD HAVE BEEN DISMISSED COURT CORRUPTION! This would never happen in the Midwest. 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”. 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 can’t 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” or the Public Defender just plainly doesn’t get the evidence in the cases but submits the paperwork to cover their tracks, 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.
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 verbally lied about it later on Court Records right to the Judge (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 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 HEARD WITH THE COURT. 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. Judge denied him the right to speak in Court.
HE DID NOT SIGN THE PLEA AGREEMENT!! HE 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, he got just one denial of his 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. 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 Court room that he doesn’t have a Lawyer.
SOME PEOPLE CANT AFFORD LAWYERS AND IN OTHER STATES, YOU ARE ALLOWED TO DEFEND YOURSELF AND PETITION AGAINST INJUSTICE AND BE HEARD IN OPEN COURT, BUT NOT IN SCOTTSDALE. 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 is going 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) called her to tell the Defendant to stop writing statements to the Court. I believe this is wrong; 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 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. There is DAMN 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 in this Country!! 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 HELP IS NEEDED!!An Appeal was submitted and denied without explanation from that Court. THIS ACTUALLY WAS A DENIAL FROM THE PROSECUTOR WHO TOOK IT INTO HIS OWN HANDS TO STOP ME FROM APPEALING. READ LATER.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!! I WASN’T UNTIMELY THEN BUT THEN THIS IS A COVER UP, SO IGNORE JUST IGNORE THE DEFENDANT. All across this land people fight these cases every day without Lawyers and win in an honest Court setting. This Courts Prosecutor is corrupt.
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 $6,500 DOLLARS” AND 6 CHARGES! 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 was no damages. This was stated to the Court in many statements.
Please read the layout that has been written for the media as well as posted on an internet site for attorneys, media and avoiding ripoffs…………This statement will make it too every site that can be found on the internet!!
I am an unemployed man here in Arizona and staying with someone, 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 corruption is settled. I feel this case was corruptly 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. After this situation, I was forced to obtain a Public Defender to defend my rights, his name is Eugene Marquez of Tempe Arizona. Judge Nancy Lewis and Chief Judge B. Monty Morgan for Scottsdale Courts refused replying to my faxed 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 the request for a new hearing and Public Defender and they denied that too but not by reply in writing.
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 $7000,00 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. 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. Thank You to him. This Prosecutor sat there and said, we need some Jail time on this your honor. THIS IS HOW CORRUPT THIS PROSECUTOR IS.
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!!
I WANT TO TELL EVERYONE, STAY AWAY FROM ZIPPS SPORTS BAR ON CAMELBACK ROAD, THEY USE VIDEO AGAINST THEIR PATRONS AND THEN THE CITY COURT COVERS UP THE EVIDENCE WHEN THE BAR DOES SOMETHING WRONG! There are restaurant reviews on local sites about their services and lousy food.
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 or have the timeline might be a little off, 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. The details I missed could surely be caught by an honest and experienced Lawyer.
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 hree 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 TV’s that are hanging on the back wall.
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 Beers and then Three Glasses of Water in this Two Hour time. Most surely wasn’t feeling any aggression at any time while I was 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 calmly 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 statement to her about her other employees and told her, she should tell their Manager about how they acted tonight. They both came from around the Patio area because she 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 exchanged, They began yelling and then more pushing and shoving started as they tried to get me to leave. I was outside, why didn’t they leave me alone? This became a wrestling match of them against me for no reason. 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 on Video and Voice Recording in the Police Cars…“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 Zipps Sports 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? SAD!
A Lawyer should have pursued this but Lawyers won’t take cases against Corrupt Police forces when they have to work with them in the same cities. There are local citizens that are saying the Police here harass people who challenge the laws.
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 situation that has was hurt and when she asked how, he said “He hit it on her shoulder”). Police write this 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 from day one. Then he made pictures he wanted to for the Court Hearing to go his way. 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 a little 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 lies between them both!!!!!!!!!!!! The statement 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 $6,500.00 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 will 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 the attack on 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 Defender (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? I don’t think so!! 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 another state where I am from, 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. 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 against me because it would prove the Bar started this situation. Withholding this Video would also prevent the Bar from litigation for 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 Court house 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 this 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 Court Room 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 gotten up and went into the court room). 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 penalty 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 adequate defense. HE WAS INADEQUITE! I pointed out the serious misconception in this case and never got a reply.WHY DOESN’T ANYONE INTERVENE AND MAKE EUGENE MARQUEZ AND KEN FLINT TAKE A POLY GRAPH TEST? THEY will fail!!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). Also during the Trial Hearing after this “Verbal Plea Agreement”….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 Judge (Blake) and Judge Olcavate asks everyone in their Court this very statement. This was also stated to the Court in many 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! 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”. 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 JUDGES PROCESS HERE?
During the beginning of 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 a statement. No response. I will state you can bet this was removed from Court record because it was mentioned in my statements.
I submitted a typed statement requesting the Appeal papers on January 20th, 2010. NO REPLY FROM THE COURT. The Court Clerk at the window, would not even tell me where to get them from when I dropped my request off. THAT WAS HER JOB!! I didn’t know you could get them online, because I don’t get into trouble, so this isn’t know to those who don’t become involved in the Courts on a regular basis.
Judge Nancy Lewis ordered a RULE 32 Hearing. Date was set for February 11th, 2010.
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 WAS STILL INSIDE THE FIRST MONTH AFTER THE CASE WAS COMPLETED. CAN YOU SEE THEIR ATTEMPT TO COVER THIS UP BY MOVING QUICKLY PAST THE TIME, SO THEY CAN AVOID REPAIRING THE CORRUPTION. THIS EVENT TO ME CLEARLY SPELLS OUT ANOTHER WAY TO BLOCK ME FROM PROCEDUING AGAINST THIS CORRUPTION. I was paying $5.00 a month and that’s all I had since I had not had a job for a couple years and IM NOT FROM ARIZONA AND HAVE NO TOOLS TO DO MY TRADE. I stopped making payments because I am not guilty and refuse to pay!! Plus I honestly do not have any Money.
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 is when the light bulb turned on in my head and I started shaking about what was about to happen at the RULE 32 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 in this Court and nothing is being done to stop it!!
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 the Scottsdale Court? I found out on October 15th, 2010 from the Court Clerk that he suddenly stopped working 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 Bridge 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 10 Seconds to read this. 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”.
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, BUT IN ALL HONESTY, I DON’T THINK HE CARES BECAUSE AS YOU READ THIS STATEMENT, YOU CAN SURELY PRESUME HE HAS DONE THIS BEFORE BECAUSE IT IS VERY SMOOTHLY DONE. ISN’T THIS FRAUD BY A PROSECUTOR? I THOUGHT OUR GOVERNMENT PROSECUTED CORRUPT COURT OFFICERS IN THIS COUNTRY?? I SEEN WHILE READING, WHERE THE EVIDENCE FROM THE DENTIST 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 LEGITIMATE 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 blurry and dark, but you can see me looking down at the Trash Can with my arm in the air above it. THAT MEANS IT DOESN’T SHOW ANY PROOF THAT I CAUSED DAMAGE TO A TV OR LAMP LIKE THEY CLAIMING. How can a Court accept a picture of something being tossed in a Trash Can as evidence that it did damages? The Judge did not even look at the evidence submitted. 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 sick!!!! I WAS BEING RAILROADED BY COURT CORRUPTION AT EVERY POSSIBLE ANGLE THEY COULD THROW AT ME!! I was Defenseless! My witness was also in shock because she heard all his statements. 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!!!!!!!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”!! NOT MY FAULT! 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!!!!! This is what I was taught while in Law Enforcement School. I am sure glad I never became a COP. The Public Defender (Eugene Marquez) should have objected to all this evidence like a honest Lawyer would have. 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 didn’t bother anyone at any time! Nick was in the back room and I could see the door way 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 Prosecutor put Nick Walker up to this lie because there was no way to disprove it, because they were not showing the Video of the incident. While he is still on the stand, the Prosecutor (Ken Flint) brings up a TV that they claim was ruined also by me FROM THAT PLASTIC CUP (the cup was empty). There was NOOOO 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 it was replaced”. WHAT, NO EVIDENCE? ONE HAS TO WONDER WHERE THE OTHER STAFF FOR COURT, 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.)Why wasn’t the TV technician at Court to verify replacement? Because I could question him then.Let’s talk about the invoice submitted for the Lamp they claim was damaged for $200.00.Marquez said this was $125.00 not $200.00. 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 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 didn’t know because nothing was said about the mouth injury until after the Trial Hearing date, 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 $6,500.00 in restitution damages.THERE WAS ALSO NO DENTAL 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. WHY NOT? Nick was not hurt by me. Injury was made up. THAT OFFICE VISIT WAS FOR $271.00 AND HE WASN’T HURT. After the Sentence Hearing is when Judge (Nancy Lewis) ordered a RULE 32 HEARING AND TOLD ALL PARTIES TO STOP TALKING. The Prosecutor (Ken Flint) blurted out some statement 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!!!!!! 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 allow me to be heard at any open Court Hearing. 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 TOO. 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”. I said, “That’s not right”
HERE IS SOME WRITTEN 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 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 my 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.
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 against this corruption. 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 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 by not replying to my requests. 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.
Appeal was denied without explanation. My statement was very well written in direct details.
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.
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 send 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 my own car here 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 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 this state, they just attach the collection to my State and Federal Taxes and get their money and prevent me from being able to license a vehicle. 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. This was forgotten about until I was sitting down going through the evidence and rediscovered this document. I never heard any reply from the Court, no letter or phone call, nothing. If I had a Lawyer, they would have answered the Lawyer.
I also stated that in this Country our word is not binding and a written statement of a signature confirms a person’s word. But the Courts are allowed to make a provision too accept an unsigned document? That is wrong. Especially when that Defendant comes forward and submits many statements against the corrupt proceedings to defend a persons own Civil Right’s.
On August 30th, 2010. I submitted 7 motions to the Court by way of fax telephone line and those motions were verbally denied to me by another Judge (Blake) at the Probation Violation Hearing. The Court never sent any replies
The case was continued to August 31st, 2010, where they agreed to modify the terms of probation so I was under the One Year Probation clause, so I could leave this area. At the end of the Court hearing, they told me that I could leave and said if I am out of the area, that I need to call and report in on the next court date of October 26th, 2010 to advise the Court of the situation surrounding the modification of probation. I DID NOT LEAVE DUE TO LACK OF PLACE TO STAY. The Court went back to the original terms of the sentencing.
On September 13th, 2010. I walked into the Court House to request an appearance before the Judge to request an Appeal. Judge (Olcavate) read my statements of the case, that I submitted and said “You are allowed to have your say at the hearing and Judge Nancy Lewis) should not have denied you that right”.
On October 15th, 2010. At the SECOND RULE 32 Hearing Judge (Nancy Lewis) was confused and thinking I was requesting a modification of the Probation Violation orders that they have me on for this case. It was at this time that I spoke up about what she did to me at the Sentence Hearing when she had me locked up to avoid me the right to file an Appeal against this case. She denied accepting my reason for the hearing because she was unclear and the Court Clerk had the wrong statement written down. I walked out of the Scottsdale Court again with heart palpitations and even more frustrated to this injustice of Court procedures against me.
This is when she also called the Public Defender (Ana Sanchez) about representing me, she told that Judge (Nancy Lewis) that she is not the Lawyer who is qualified to do those kinds of Appeals.
I also found out Oct 26th by the Court Clerk today that Public Defender (Eugene Marquez) is no longer with the City of Scottsdale Court. I wonder why? This is when I also obtained some of the evidence against me and now I really see how corrupt it was and a paid lawyer would have done a better job then Public Defender (Eugene Marquez).
October 26th 2010, I am still in Arizona and made the Court appearance. The Judge (Blake) issued me a month to file an Appeal request. I have no clue what to do now. I filed for a Public Defender and they denied appointing Ana Sanchez to my case.
October 28th, 2010 I submitted a response to the Court about the Prosecutors request to deny me a hearing. Two pages were sent to overrule that. NO REPLY
FROM THE COURT.
On November 1st, 2010, I spoke with Public Defender (Ana Sanchez) on the phone and she told the Judge at the hearing on October 15th at the second RULE 32 Hearing, that she was not qualified to represent me and her contract doesn’t allow it. So I submitted another couple of statements to the Court and am waiting reply. NO REPLY!!
In November 2010 and 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 PURSUE THIS? MAYBE.
November, 2010 and I am still appearing in Court for Violating Probation by not making payments of the required $300.00 a month. I do not have any job or money. I am not guilty of these damages and the lack of evidence is heartbreaking to sit and watch this corruption unfold.
I decided to sit down in the first week of November, 2010 and write up a letter to the Insurance company to inform them of the corruption in this case surrounding the damages to Nick Walker’s mouth. Then explain that the damages were the result of him striking the waitresses shoulder.
November 19th, 2011 I sent my story too SEVERAL NEWS SOURCES AND POSTING ON THE INTERNET SITES TOO. 11 SO FAR AS OF JANUARY 27TH, 2011. I AM GOING TO BE MORE ACTIVE IN THE NEXT WEEK GOING INTO FEB.
December 1st, 2010 I received a statement from the Prosecutor requesting a motion to dismiss my appeal. This is stated as being done “Before the Honorable Unassigned” MEANING HE SENT THIS STATEMENT HIM SELF TO ME AND IT WAS NOT SUBMITTED OR DENIED BY A JUDGE. HE IS HOLDING MY APPEAL FILE HOSTAGE IN HIS OFFICE-------WHERE ARE THE CIVIL LIBERTY ACTIVISTS.THIS WAS READ TO THE APPEALS CLERK.
December 2nd Court appearance for Probation Violation. While in Court I was brought to the stand and asked questions about why im not paying and how am I surviving in the world today by Ken Flint. Told him im barely getting by but im helping an elderly couple around their home for the rent in the condo im staying in. I don’t get paid any money just the rent. During this hearing, Ken Flint was requesting Jail time of over 30 days for not paying. I was defenseless again, because I had an even younger and more inexperienced Public Defender in this case now since Ana removed herself from this case. The Public Defender mostly sat there quietly but did make a few remarks to point out that no money and you cant send someone to Jail for something they cant pay. Judge Blake concurred with this Public Defender about the Jail time and DENIED I VIOLATED PROBATION! Thank You Judge Blake.
This Judge has read my statements and I think he is favoring my attempt to correct this. January 25th, 2011 I appeared to the Scottsdale Court office to explain why im not paying this. Told the clerk im not guilty of these charges and Ken Flint is corrupt. Told her like it was stated in the Court hearing, that I do not have any money. She tried to get me to sign a document that I would pay $15.00 dollars twice a month. I refused to sign anything with that Court unless it is a dismissal statement. I took the form and left. I turned around to let people know how corrupt this court was and what the Prosecutor did to me in not turning over his evidence in this case. I got peoples attention. January 27, 2011. I have been waiting for weeks for a reply from the Court of Appeals. So I called today and the Clerk told me she has not gotten my statement from the Scottsdale Court. I said “It was filed on November 12, 2010”. SHE WAS IN SHOCK BECAUSE SHE CAN SEE THE ITEM LISTED ON THE COURT RECORDS. The Prosecutor Ken Flint sent me a denial and he made it appear like it came from the Court of Appeals. I did not have the statement in my hand, so I had to find it and call her back.
I HAVE A LOT OF PAPERWORK AND STATEMENTS TO GO THROUGH.January 28th, 2011 Called Appeals Court Clerk and spoke again. I read the statement to her and she said, “Oh boy, he didn’t file your Appeal on your behalf”. She could not tell me anymore on what to do because they aren’t allowed to give legal advice.
THIS GUY, I TELL YOU….HES A PIECE OF WORK. He is sitting on my Appeal. THIS IS A VIOLATION OF THE LAW. HE HAS NO BUSINESS PREVENTING ME. HE IS DOING THIS BECAUSE HE KNOWS IM GOING TO WIN, SO HE IS DOING WHAT EVER HE CAN TO GET ME TO PAY THIS RIGHT AWAY. I may have to go file a request with a federal Judge. It is Friday today and im writing to the Governor of Arizona, State Attorney General, Senators and Legislature members again and sending this statement also. I just called the news station im talking to about this story and the reporter who is handling the guys case that was injured by Scottsdale Police Two weeks ago is reviewing what I sent and doing some follow up on my statement. She was not in and said he would leave her a message to call me ASAP. Other media sources have also been informed as well. I AM GOING FULL PRESS! Here is more information valuable to the timeline of this case. NICK WALKER FILED A FAKE CLAIM WITH HIS EMPLOYERS INSURANCE AND THAT IS FRAUD. IF THIS IS THE CASE AND THE PROSECUTOR WAS INVOLVED, THAT MAKES MORE PROOF THAT HE IS CORRUPT ABOUT THIS CASE TOO. I stated to the Insurance company that my case is not the first attack on a patron at this Bar. I am in the same neighborhood where this Bar is and I hear of problems all the time that is happening there. In fact, one other guy that was in the counseling classes with me is also a victim of trouble at the same place I was at. I don’t know what type, he didn’t get a chance to say in the classroom.
I even said there are local review sites that cover this area and this one particular Bar is on those sites about the food and the service customers get from the rude Waitresses and Managers they employ.
Letters to Senator McCain, Scottsdale Mayor (twice), Scottsdale City Council have all gone uninvestigated. The only replies I got were from the Governor (Jan Brewer) and Attorney General (Terry Goddard) who says “We don’t have the jurisdiction or authority to investigate these types of cases”. She is the Governor. It is her job.
My complaint to the Arizona State Bar about Eugene Marquez was returned with a reply that said, “We spoke with MR. Marquez who explained that you refused the offer from the Prosecutor and pled straight up to all the counts against you.(WHO WOULD DO THAT WHEN THEY ARENT GUILTY AND WAITING FOR EVIDENCE TO APPEAR)? He further explained that you knew about Jail time in the case was an option to the Court”. I did not know this until the Sentence Hearing Court date when he leaned to me and said, “You’re being charged with all 6 counts and they are after jail time and money for Nick’s injury! I SAID “WHAT INJURY”?
EUGENE MARQUEZ REPORTED TO THE STATE BAR- “That the Video was not produced until the day of the Restitution Hearing. Prior to that time, the Prosecutor informed Public Defender (EUGENE MARQUEZ) that a Video of the incident did
THIS IS A LIE!! >>> THEY MADE A PICTURE FROM THAT VIDEO CAMERA AT THE BAR!!!!!!!!!<< THESE DON’T JUST SNAP PICTURES, THEY MAKE ROLLING VIDEO!! This picture surely didn’t appear suddenly at the Court appearance that day. They had it a long time before that or the state would have got an extension to continue the Trial Hearing against me.
PAY ATTENTION HERE FOR A MINUTE…TO THE REQUEST BY EUGENE MARQUEZ THAT WAS SUBMITTED ON SEPT. 14TH AND ENTERED INTO RECORD ON SEPT 17th, 2009? THERE WAS VIDEO OR HE WOULD HAVE NEVER MADE A REQUEST FOR IT SO LATE IN THIS PROCESS. The Prosecutor (Ken Flint) and Public Defender (Eugene Marquez) talked about it prior to that date at another hearing because I was sitting in the Courts side room when that happened.
EUGENE MARQUEZ LIED TO THE ARIZONA STATE BAR!! The reason he said the Video wasn’t produced was because he didn’t ask for it until about 20 days before the Trial day. He did that to cover himself on Court records because he knew I was after that evidence, when I made my statement to him about getting this evidence at each Court appearance.
WHY DID HE ALLOW ME TO ACCEPT A PLEA AT THE TRIAL HEARING ON October 4th, 2009 if he was waiting for evidence to defend my case??
EUGENE MARQUEZ MADE A 2ND REQUEST TO COURT TO SAY HE WAS STILL WAITING FOR THE AUDIO AND VIDEO THAT WAS REQUESTED ON OCT 2nd, 2009. Just two days before Trial Court date.
HE WAS STILL WAITING FOR THIS VIDEO TOO APPEAR?? THIS WOULD PROVE ME NOT GUILTY!! HE MISLED ME INTO THIS PLEA AGREEMENT!!!
The Police even talked with Nick Walker about this Video while I was sitting in the Police Car, they were very specific about getting it turned in ASAP. LIKE I SAID, THE BAR STARTED THE ALTERCATION, SO THEY HAD TO HIDE THIS VIDEO AND EVIDENCE TO GET THIS CASE THROUGH THE COURT SUCCESSFULLY. The Prosecutor knows there is trouble at this Bar often. It is on Court records.
I strongly encourage people to get involved in policing the Police and Courts in Scottsdale, Arizona. 85251. This corruption has to be intercepted by higher powers and changes must be done to hold Judges and other Court officers responsible for their deceptive actions. Any actions against the Court or Police official should be made public at all costs. There should not be a deadline to remove any infractions against any public funded officials; this includes all attorneys who are supposed to hold a very high standard of respect and honesty. THERE IS A SERIOUS COVER UP GOING ON HERE.
THIS COURT/CITY SHOULD BE PAYING ME FOR DAMAGES CAUSED BY THE POLICE, WRONGFULL INCARCERATION, PROSECUTION INJUSTICE AND DON’T FORGET THOSE ANGER MANAGENT CLASSES THAT I HAD TO BORROW MONEY FOR!! Jail time should be worth about $20,000 for each day!
THEN HAVE THIS REMOVED FROM THE COURT RECORDS AND STATE LISTINGS.By the way, I am not from Arizona and I don’t know anyone here other then a few people around me. It doesn’t appear that there is enough jobs out there right now for everyone to have. Being trained in a trade and not having your tools with you, is another reason why a person cant find work that pays them a decent wage to pay for a roof over that persons head. Lots of people out there suffering and this Court Prosecutor is relentless in making sure everyone ends up in Jail. I am confident, he convinced Judge Nancy Lewis to lock me up to get those 5 days of Jail and this would block my Appeal and move the case forward against me.
STAY ON YOUR TOES AMERICA, PROSECUTORS LIKE KEN FLINT ARE GOING TO DO ANYTHING THEY CAN TO GET THAT LAST DOLLAR!!Down and out in Scottsdale Arizona 85251
If you have read this whole story and want to hear more as it unfolds, you need to contact me through email and I will update you when something changes in this situation. The time has come for a petition for review of this Prosecutors actions in this Court. The time has come for a petition to be started to prevent anymore corruption.
Any activists out there with good connections, please contact me.If a lawyer or the media reads this, please contact me by library email or the address at the bottom! email@example.com