Corruption In Pierce County Public Defenders Office
Julia White
Dear Ms. Maria Puccio,
On Wednesday, July 12, 2006, I received a certified letter by mail from
you that states,
"Enclosed please find a copy of the "Respondent's Reply Brief"
filed by the City of Tacoma on Friday, June 16, 2006. The oral argument
for your appeal is to be scheduled with Judge Stolz for August 11,
2006, at 9:00am in Department 02, Room 214A. ...If the date and time of
the oral argument is in direct conflict with your schedule and you
would like to request a change, please contact me immediately and in
any case, no later than July 14, 2006, through the approved means noted
below, with the reason(s) for the conflict. ...As you are aware, I am
available via letter or email with any questions, comments, or concerns
that you may have."
(Please Note: Pierce County Department of Assigned Counsel staff
attorney Maria Puccio waited almost a month to tell her client, Will
Baker, that the City of Tacoma had finally filed a response to his
appeal. And then she only gave Will 48 hours to respond.)
On Friday, July 14, 2006, I sent you an email stating, "I am hereby
directing you to strike the August 11, 2006 Court date for oral
arguments in my appeal. Why? I will send you a detailed explanation on
Monday, July 17, 2006."
I apologize for not sending this email to you on Monday, July 17, 2006,
however, it is your job to explain my rights to me (as it is for all
your clients). I should not have to explain my basic rights or basic
lawyering 101 to you.
Furthermore, if you had called me and informed me - as you had a
legal and ethical obligation to do - that the court order that Pierce
County Superior Court Judge Katherine "Kangaroo Katie" Stolz signed
on October 7, 2005 that says a) the Department of Assigned Counsel
doesn't have to tell me who my attorney is b) that my D.A.C attorney
doesn't have to tell me what is going on in my case c) that I am not
allowed to call my attorney on the phone d) that I am not allowed to
file a bar complaint over this e) that I am not to threaten to file a
bar complaint over this and f) I am not to "involve the press" is
blatently illegal and unconstitutional, it would have been much easier
for me to share my thoughts about my case with you in a timely matter.
Of course, since it was (then) D.A.C director Jack Hill, (then) D.A.C
District Court Supervisor Denise Whitely and D.A.C Tacoma Municipal
Court Supervisor Tony Manzanares who asked Judge Stolz for this court
order, you decided to go along with your boss and violate your
client's rights.
Also, I notice that you did not appeal Judge Stolz's decision to
refuse to recuse herself from this case.
(Please Note: D.A.C panel attorney Philip Bolland had filed a motion
for Judge Stolz to reconsider this decision before D.A.C staff attorney
Maria Puccio was put in charge of rigging Will Baker's appeal.)
I also notice that you did not appeal Judge Stolz's decision that
D.A.C did not have to provide court transcripts of court hearings to
support motions for reconsideration.
(Please Note: D.A.C panel attorney Philip Bolland had filed a motion to
compel D.A.C to provide a transcript of Judge Stolz refusing to recuse
herself before D.A.C staff attorney Maria Puccio was put in charge of
rigging Will Baker's appeal.)
And, I notice that you did not file a motion challenging the
constitutionality of the Tacoma City Council's speaking rules for
public comment that I was accused of violating.
Oh yeah, I almost forgot! I also notice that you did not file a motion
challenging the constitutionality of Tacoma's "Disrupting A Public
Meeting" law; even though (then) Pro-Tem Tacoma Municipal Court Judge
Ralph Baldwin ruled the law unconstitutional in December 1997.
(Please Note: In August 1998, (then) Pierce County Superior Court Judge
Marywave Van Deren overturned Judge Baldwin. However, neither the Court
Of Appeals nor the Washington State Supreme Court have ever ruled on
which Judge is right. As a result of your refusal to challenge the
statute, even if Judge Stolz overturns my conviction, I will still be
subject to prosecution.)
This email is a (partial) explanation on why you need to strike the
August 11, 2006 court date.
PUBLIC DEFENDER MARIA PUCCIO HAS CONSPIRED TO VIOLATE HER CLIENTS CIVIL
RIGHTS
You seem to be confused about who your client is and what your
client's civil/legal rights are; therefore, this email is to help
educate you on these rather simple issues.
WHO IS YOUR CLIENT?
Fact #1. I, Will Baker, am your client.
WHO IS NOT YOUR CLIENT!
Fact #2. Former Pierce County Prosecutor/current Pierce County
Executive John Ladenburg is not your client.
Fact #3. Pierce County Prosecutor Gerry Horne is not your client.
Fact #4. Pierce County Deputy Prosecutor Jared Ausser is not your
client.
Fact #5. Pierce County Deputy Prosecutor Grace Kingman is not your
client.
Fact #6. Pierce County Deputy Prosecutor Michelle Hyer is not your
client.
Fact #7. Tacoma Mayor Bill Baarsma is not your client.
Fact #8. The Tacoma City Council is not your client.
Fact #9. Former Pierce County Department of Assigned Counsel (D.A.C)
director Jack Hill is not your client.
Fact #10. New Pierce County Department of Assigned Counsel (D.A.C)
director Michael Kawamura is not your client.
Fact #11. Former Pierce County Department of Assigned Counsel District
Court Supervisor/current Pierce County Department of Assigned Counsel
Senior Supervising Attorney for the Misdemeanor Division Denise Whitley
is not your client.
Fact #12. Pierce County Department of Assigned Counsel Tacoma Municipal
Court Supervisor Tony Manzanares is not your client.
Fact #13. Pierce County Superior Court Judge Katherine "Kangaroo
Katie" Stolz is not your client.
I hope this clears up who is and who is not your client.
STATEMENT OF FACTS - PART #1 (Using False Arrests To Illegally Censor
Campaign Speech During 2003 Tacoma City Council Elections And Pierce
County Law Enforcement Sales Tax Election)
Fact #14. On April 24, 2003, former Pierce County Sheriff Mark
French's computer was seized in a child pornography investigation.
(On August 27, 2003, Sheriff French was charged with seven felony
counts of possession of child pornography - including photos of
babies being raped.)
Fact #15. On April 26, 2003, Tacoma police Chief David Brame murdered
his wife, Crystal, and then killed himself.
Fact #16. 2003 was a Tacoma City Council election year.
Fact #17. Will Baker was a Tacoma City Council candidate.
Fact #18. Tacoma's handling of domestic violence received a lot of
media attention after the Brame murder/suicide.
Fact #19. Former Pierce County Prosecutor/current Pierce County
Executive John Ladenburg, the Pierce County Council and the Tacoma City
Council tried to "cash-in" on Crystal's murder by throwing a
sales tax proposal on the November 4, 2003 general election ballot.
Fact #20. The issue of domestic violence was used to try to gain public
support for the (failed) sales tax increase; even though most of the
money raised wasn't going to fund domestic violence programs. Most of
the money - like over 80% of the tax - was going to be used to hire
more cops, prosecutors and judges.
Fact #21. On September 2, 2003, Tacoma City Council candidate Will
Baker was arrested at a Pierce County Council meeting when Will
publicly opposed the tax proposal.
Fact #22. Starting on September 9, 2003, Tacoma City Council candidate
Will Baker was arrested at several Tacoma City Council meetings when
Will publicly opposed the way the City Council was handling the Brame
murder/suicide.
Fact #23. Pierce County Deputy Prosecutor Jared Ausser prosecuted Will
for the Pierce County Council arrest.
Fact #24. Pierce County Deputy Prosecutor Jared Ausser was also put in
charge of prosecuting Will in the Tacoma City Council arrests.
STATEMENT OF FACTS - PART #2 (The U.S. Constitution - The Bill of
Rights - Basic Rights For The Accused)
The Bill Of Rights
Fact #25. The first ten amendments to the United States Constitution
are known as the Bill of Rights. They were voted into law on December
15, 1791. These amendments and additions made since guarantee the basic
rights of citizens and protect them from unjust acts on the part of the
government.
Free Speech/Right To Criticize The Government
Fact #26. The First Amendment of the United States Constitution says
citizens have the right to speak freely and to gather for peaceful
purposes and to present complaints to the government.
Defendant Rights 101 "Right To A Fair Trial/Right To An Attorney"
Fact #27. The Fifth Amendment of the United States Constitution says
the government must be guided by the law when taking away a person's
life, freedom or property.
Fact #28. The Sixth Amendment of the United States Constitution says a
person has a right to a fair trial and a right to an attorney.
Fact #29. The United States Supreme Court has ruled that poor people
charged with a crime have a right to an attorney at public expense.
Fact #30. 48% of Tacoma's citizens qualify for federal assistance.
Fact #31. In Tacoma, the public defender's office is called the
Department of Assigned Counsel (D.A.C).
Fact #32. Jack Hill was the Pierce County Department of Assigned
Counsel (D.A.C) director for more than 30 years. (Jack Hill retired on
July 1, 2006.)
Fact #33. Michael Kawamura is the new director of the Department of
Assigned Counsel.
STATEMENT OF FACTS - PART #3 (Judicial Corruption - Rigging Trials
By Denying Right To Counsel )
Fact #34. When D.A.C panel attorney Sharonda D. Amamilo stated both
verbally and in writing that she was not prepared for trial, (visiting)
Thurston County District Court Judge Susan A. Dubuisson and Pierce
County Superior Court Judge Stephanie Arend ordered Ms. Amamilo to go
to trial anyway. (This is how Will was convicted in the Pierce County
Council arrest.)
Fact #35. Pro-Tem Tacoma Municipal Court Judge Ron Heslop ordered Will
Baker to represent himself at trial. (This is how Will was convicted in
the Tacoma City Council arrests.)
Fact #36. Pierce County Deputy Prosecutor Michelle Hyer is representing
Pierce County in the appeal of the conviction in the County Council
arrest.
Fact #37. Pierce County Deputy Prosecutor Michelle Hyer is also
representing Tacoma in the appeal of the conviction in the City Council
arrests.
Fact #38. Will is being represented by the Pierce County Department of
Assigned Counsel in the appeal of his conviction in the Tacoma City
Council arrests.
STATEMENT OF FACTS - PART #3 (Public Defender's Office Corruption)
Fact #39. Will has learned over the last several years that the Pierce
County Department of Assigned Counsel has been deliberately and
systematically violating their clients constitutional and legal right
to a fair trial and rigging cases in favor of the Pierce County
Prosecutor's office.
Fact #40. Will has also learned that high ranking American Civil
Liberties Union/Washington State Bar Association member/Seattle
University Law School Professor John Strait has known about the
systematic corruption in the Pierce County Department of Assigned
Counsel office for approximately 20 years and has actively participated
in covering up this corruption.
(Please Note: Specifically, Professor John "Mr. Legal Ethics"
Strait has known the Pierce County Department of Assigned Counsel has
been refusing to file motions to dismiss criminal charges against poor
people that are based on unconstitutional laws for decades. Basically,
D.A.C is refusing to challenge the constitutionality of the laws passed
by the Tacoma City Council and the Pierce County Council: who vote on
D.A.C's budget.)
Fact #41. Will Baker has also learned that numerous judges (like Pierce
County Superior Court Judge Katherine "Kangaroo Katie" Stolz) have
been deliberately condoning and rubber-stamping the corruption in the
Pierce County Department of Assigned Counsel office.
STATEMENT OF FACTS - PART #4 (More Basic Rights For The Accused -
The Washington State Rules Of Professional Conduct)
Defendant Rights 101 "Right To A Fair Trial/Right To An Attorney"
Fact #42. As previously stated, the Fifth Amendment of the United
States Constitution says the government must be guided by the law when
taking away a person's life, freedom or property.
Fact #43. As previously stated, the Sixth Amendment of the United
States Constitution says a person has a right to a fair trial and a
right to an attorney.
Fact #44. As previously stated, the United States Supreme Court has
ruled that poor people charged with a crime have a right to an attorney
at public expense.
Fact #45. As previously stated, in Tacoma, the public defender's
office is called the Department of Assigned Counsel (D.A.C).
Defendant/Client Rights 101 "Right To Know"
Fact #46. The Rules of Professional Conduct for Lawyers can be found on
the Washington State Bar Association website.
http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=RPC&ruleid=garpc1.04
Fact #47. Rule 1.4(a) "Communication" of the Rules of Professional
Conduct for Lawyers in Washington State clearly states, "A lawyer
shall keep a client reasonably informed about the status of a matter
and promptly comply with reasonable requests for information."
What Does This Mean?
Fact #48. A client's right to know what is going on with their case
is not a "courtesy" that a lawyer can choose (or not choose) to
show their client.
Fact #49. A client's right to know what is going on with their case
is - quite simply - the law (which you are sworn to defend).
Client Rights 101 "Who's In Charge"
Fact #50. Rule 1.4(b) "Communication" of the Rules of Professional
Conduct for Lawyers in Washington State clearly states, "A lawyer
shall explain a matter to the extent reasonably necessary to permit the
client to make informed decisions regarding the representation."
What Does This Mean?
Fact #51. A client has a right to expect their attorney to provide
accurate and legitimate legal advice to them about their case.
Fact #52. A client's right to make decisions about their case is not
a "courtesy" that a lawyer can choose (or not choose) to show their
client.
Fact #53. A client's right to make decisions about their case is -
quite simply - the law (which you are sworn to defend).
STATEMENT OF FACTS - PART #5 (Lack Of Due Process - Public
Defender's Office Corruption - Notice Of Appearance/Notice Of
Substitution Of Counsel)
Fact #54. The first thing an attorney is supposed to do when they take
a case is file a "Notice of Appearance" or "Notice of
Substitution of Counsel" with the Court.
What Is A "Notice Of Appearance"?
Fact #55. A "Notice of Appearance" or "Notice of Substitution of
Counsel" is basically a one page legal document/notice that tells the
Court that the attorney is now representing the client and is now
responsible for defending and preserving their client's basic
constitutional rights.
However
Fact #56. The Pierce County Department of Assigned Counsel has found
four different ways for their attorneys to get around filing a
"Notice of Appearance" or a "Notice of Substitution of
Counsel".
STATEMENT OF FACTS - PART #6 (Lack Of Due Process - Public
Defender's Office Corruption - Tracking The Case)
Fact #57. The second thing an attorney is supposed to do when they take
a case is to start "tracking" the case.
What Does "Tracking The Case" Mean?
Fact #58. Once an attorney/lawyer files a "Notice Of Appearance" in
a case, the client that the lawyer is representing has a legal right to
expect their attorney to show up on time to their court dates/hearings.
Fact #59. Once an attorney/lawyer files a "Notice Of Appearance" in
a case, the client that the lawyer is representing has a legal right to
expect their attorney to mark on their calendar any and all dates/legal
deadlines that legal briefs are due to be filed with the court (AKA
"Tracking The Case").
However
Fact #60. Pierce County Department of Assigned Counsel attorneys
routinely miss briefing due dates.
(Please Note: When Will Baker announced he was going to file bar
complaints against D.A.C attorneys who missed legal briefing due dates
in his case and also issue a press release about how D.A.C attorneys
were violating their clients rights; D.A.C director Jack Hill asked
Pierce County Superior Court Judge Katherine "Kangaroo Katie" Stolz
to sign a court order which states Judge Stolz will strip Will of his
right to an attorney if he publicly exposes the corruption in the
public defenders office. Judge Stolz signed this "gag" order on
October 7, 2005. D.A.C staff attorney Maria Puccio has been hiding
behind this order ever since.)
By The Way
Fact #61. In the case "City of Tacoma vs. Yearwood", Gillian
"SuperFlake" Yearwood lost her appeal because the D.A.C panel
attorney NEVER FILED AN APPEAL BRIEF IN HER CASE.
STATEMENT OF FACTS - PART #7 (Lack Of Due Process - Public
Defender's Office Corruption - Reading The Case File - Refusing
To File Motions To Dismiss/Refusing To Challenge Unconstitutional
Decisions/Rulings/Laws)
Fact #62. The third thing an attorney is supposed to do when they take
a case is to read the case file.
However
Fact #63. The Pierce County Department of Assigned Counsel has been
refusing to file motions to dismiss criminal charges based on
unconstitutional criminal statutes/laws for decades.
Conclusion
This report is not even close to being finished due to time
constraints.
I intend to file a copy of this letter along with a bar complaint
against you on Wednesday, August 8, 2006.
I am also releasing this letter to the public immediately as a step in
gaining the civil rights for others that I been denied.
Sincerely,
Will Baker
Ps Your parents must be very proud.