Patron is attacked by bar staff on video and becomes victim of court injustice from the withholding of many pieces of evidence by the prosecutor to obtain a verbal plea agreement.
Prosecutor told the court about damages to victims in the case, when the dentist statements and other evidence stated otherwise.
Defendant was also attacked on police car video during the incident. He was yelling to “stop the brutality.” defendant was denied the right to medical attention to assess the damages to the arm socket from it being twisted behind the back.
Public defender deceived the defendant and the court about his written documents to obtain evidence and his role in the case he was assigned to defend.
Defendant did not sign the plea agreement form.
Patron was protecting his civil rights of self defense in scottsdale arizona.
This statement is extensive modified version due to the fact, the prosecutor had failed to submit defendants appeal filing to the Arizona 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. The prosecutor sent the defendant a statement, saying he is “motioning to dismiss the appeal””. However, he does not have a judges signature on this document. This statement is not from the Appeals Court, the Appeals Court Clerk has been advised and she was passing this issue on to other members. I am sure there will be more of a cover up to defend this prosecutors actions. I predict nothing will happen without a lawyers help.
This is prosecutorial misconduct for taking it into his own hands to avoid me that right to be heard!!!
The Scottsdale Court is employing a prosecutor who commits FELONY crimes by convincing witnesses to lie on the stand and keeps evidence away from the defendants view until a plea agreement is verbally agreed to, then once this plea is accepted, then he brings out that hidden evidence into the case at the sentence hearings.
The defendant has been wrongfully accused and now the prosecutor is trying to toss this court victim in jail for something that did not happen and because he has no money to pay for a lawyer against this injustice, he is being railroaded into paying over $6,000.00 for damages that did not happen!
The prosecutor has wrongfully denied him the right to an appeal and they have denied his request for an appointment of a new public defender, because they know that he can't do anything and if he sends any statements, they just refuse to reply to them and ignore him THE EVIDENCE IS TAINTED AGAINST THE DEFENDANT. He has proof!
This prosecutor and court are denying people their rights to an appeal by holding their statements from being submitted to the Appeals Court record. This is happening to the defendant in this case.
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.
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?
My statement is a petition to get help from a Lawyer, the Mayors, the Governors, the Legislature, Senate or any other house members in the Arizona Judicial system TO INVESTIGATE. As well as the federal courts to get involved in stopping this. 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 smooth plan of corruption!
Writing this statement took many months 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 sneaky Public Defender and a Sneaky Prosecutor WHO GOT BUSTED BY ME!
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. 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 Scottsdale Police have officers who are attacking and arresting everyone for anything to generate corrupt revenue for this city, not protect justice of all people. THINK AND INVESTIGATE BEFORE YOU ACT IS SURELY NOT BEING DONE HERE.
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. I have been told this by a lawyer who has cases in this court. This person said, they can't risk going public against the court because of this.in fact, this lawyer told me I should just pay the money and let this go!
I have also had a similar statement made months before this statement was written.
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.
My statement can be backed up by a witness for most of the facts as she was present throughout every court appearance. However, testimony has never been requested by any Judge at the Scottsdale Court to verify my written submissions about the wrong doings of the public defender who deceived me in this case.
I am not a lawyer, so in my opinion, this court should have re-appointed the different representation to me and offer an open hearing or let me take this too trial OR DISMISS THIS CASE FOR THEIR NEGLIGENT ACTIONS. I started submitting statements about deception by the public defender on that first night after the trial appearance. There was no trial.
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.”
Not very confident statements being made by a public defender!!! These statements set up the defendant and they don't even know it at this time.
I am stating it here-i am calling for the judge, prosecutor and public defender to take a poly graph test and when they fail, step down from their positions without future benefits and be denied the right to practice as lawyers in this country. This case is not a joke, this is a serious problem and we as people must stop it right away!!!
The public defender just plainly does not get the evidence in the case 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 defendants to be overwhelmed and sends them into panic. This leaves them in a state of frustration and helpless because they cant get any other advice, because it is court day. This public defender should have gotten an extension, if he was waiting for my evidence to be turned over.
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 Judge Nancy Lewis at a RULE 32 Hearing. 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 me. Eugene Marquez made many unethical statements throughout this case in front of a witness.
WE 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 BECAUSE 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 at the Sentence Hearings. Then when they complain about the courts officers, the court locks them up in jail to prove they have the power over that defendant-SO THEY CAN GET THAT JAIL MONEY! This happened to the defendant to prevent his Appeal in the required time limit. Judge Nancy Lewis denied him the right to speak during court times, she even stretched out the court dates for the RULE 32 Hearing to use up the necessary time limit in the appeal process.
Defendant did not sign the plea agreement! He spoke up the first night after court in a 3 page statement that was faxed that night. There was many other statements that expanded on the fact, were submitted each month after. There was never a reply! The statements that followed were submitted in better details as the evidence was put together. 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 prosecutor and public defender. The prosecutor made some claim these statements were not done according to procedures, but what was I to do because they would not give me new council or reply. THIS PROSECUTOR KNOWS HE IS CORRUPT!
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-because they are writing their own rules here in arizona!!! This is why the public defenders are made available to the people…to protect their rights, not set them up into a fabricated case to drain them of future assets for actions that did not happen.
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 AGAINST THIS CORRUPTION!
The Second Public Defender Ana Sanchez who was assigned to defend him at the Probation Violating Hearings against him. She said “Judge Blake called her to tell the defendant to stop writing statements to the court”. I believe this is wrong; an official statement to her would have followed 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.
I do not fault him for this, because I now have seen the possible reason why he told her this and that my statements would tell the prosecutor what evidence to get rid of to prevent his actions from being stopped in this case. This was the case on the court recording the defendant has obtained and listened too. The statements he made were missing from the court record because this was near the end of the sentencing hearing when he stood up and said, this public defender is corrupt and lied about this case.
Ana Sanchez was removed from the case right away by the court just after the court appearance. Another younger and inexperienced Public Defender was now assigned to take this case in her absence to see it through the Violation Hearing. He was shocked too hear about the outcome in this case. THEY KNOW WHAT'S GOING ON!
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 in front of Judge Blake. THANK YOU.
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 by not replying.
There is D*MN good evidence of a cover up here; someone in the media and in government just needs to see what has been fabricated with the evidence!!!
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 or go to get federal help.
A lawyers help is needed asap!
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.
He 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 february 2011. I would most certainly say my objection was not untimely at that time in november of 2009!! I wasn't untimely then but this is a cover up, so just ignore the defendant and maybe he will pay and leave arizona when the weather in the midwest gets warmer and they and they can just attach this collection to his taxes or have stop him from driving or licensing a vehicle to support this corruption.
The bar staff started this situation by attacking the defendant and they are getting away with a crime because of the prosecutor. The prosecutor withheld a lot of evidence until this ‘verbal 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! I caught them!
they have no physical evidence to prove the states case for damages! The Scottsdale Police did not take pictures or confiscate any allegedly damaged evidence because there were 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 and corruption…………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 a recession. I cannot leave until this corruption is settled or it will cost my future plans to be destroyed, not to mention the cost of returning here and risk losing what I have settled into for a home back in the Midwest.
This case was corruptly enticed because of my financial situation and inability to fight back to hire a paid LAWYER to protect my Civil Right's. After this situation occurred, 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 statements and motions because I am not represented by a lawyer. They keep telling me I already “Pled Guilty, ” I told the court “I DID NOT SIGN THE PLEA AGREEMENT BECAUSE OF THIS CORRUPTION”. 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 did not reply in writing.
I am still fighting as of February 2011 against paying for injustice. I faced a Court Hearing on October 26th, 2010 for Probation Violation for not making payments on this $6000,00 restitution. Judge Blake allowed me the time to file an Appeal. I have no idea what to do! Then Judge Blake that day denied I violated the Probation Rules at the hearing. I am not working, therefore they can't expect payment from anyone if they can't have the means to make the payment. But I will do whatever it takes to find a lawyer to properly turn this around.
The Appeal 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 FOR TAKING MY SIDE ON THIS ISSUE!
This prosecutor sat there and said, “we need some jail time on this case.” this is how corrupt this prosecutor is. He just wants toss the defendant in jail and make him pay for more jail time for what? To defend his stupidity and corruption support fees and cover has a*!
This prosecutor has to really hate himself to proceed with corrupt justice like he is doing. I can't believe what i am witnessing in this court.
THE THREE COURT OFFICERS SHOULD BE REMOVED, PROSECUTED and lose their pensions for corruption! This is not a joke, it must be stopped!
I was physically confronted/attacked twice by the bar staff at Zipp's Sports Grill on Camelback Road in Scottsdale, Arizona.
The Prosecutor Ken Flint denied releasing 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 the deception by the Public Defender Eugene Marquez. Then at the RULE 32 hearing, Judge Nancy Lewis even ordered me to 5 days in jail and had me taken from court 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!
If i had a paid lawyer, this court never would have tried to throw me in jail, because this wasn't a jail marked offense until the prosecutor turned this case into a fabrication.
I WANT TO TELL EVERYONE, STAY AWAY FROM ZIPPS SPORTS GRILL ON CAMELBACK ROAD AND THE CITY OF SCOTTSDALE AREA FACILITIES. THEY USE VIDEO AGAINST THEIR PATRONS AND THEN THE CITY COURT PROSECUTOR COVERS UP THE EVIDENCE WHEN THE BAR DOES SOMETHING WRONG! There are restaurant reviews on local sites about their lousy services and food. Someone posted another report recently after his visit, about a New Years Eve situation that happened at the same restaurant. You go talk to neighbors around this facility and you will find there is a lot of problems here.
I even wrote a letter to the owner of this company to tell him what a cruddy place he has and the horrible reputation it has in the area. The defendant is within blocks of this facility and hears every time the police are called to the bar.
Read the statement as it unfolds from the time of entry at the bar to current time. There may have been some reprinted details, a few missed details or part of 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 legal details I missed could surely be caught by an honest and experienced lawyer.
INCIDENT: On May 24th, 2009 at Midnight, I walked into a Scottsdale, Arizona Sports Bar called “Zipp's Sports Grill.” On Camelback Road. I was sober, by myself and in a very quiet mood. I stayed until closing time at 2AM. I rarely go to a bar because some sort of trouble always happens at them.
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 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. I 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 were 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 pushed or 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 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 she came out alone. While outside having an exchange of words with them and telling him “Some day somebody is going to kick the sh*t out of both of you”! Some more words were exchanged, they began an aggressive tone with me 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 and stay inside? 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 Zipp's Sports Grill and Scottsdale, Arizona Police. The Police refused me medical attention upon arrival to the jail. I was even mocked for being hurt by one of the intake cops at 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? HOW SAD AND CORRUPT IS THAT?
A Lawyer should have pursued this but Lawyers won't take cases against corrupt Police forces and courts 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 because there wasn't any damage while I was present. This is crucial to remember later because a lot more hidden evidence appears after the Verbal “Plea Agreement” was falsely obtained on the Trial Date!
I never signed the plea agreement!
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, because he knew the video would never prove his case.
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 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 fabricated written statements 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.
These charges are duplicated charges of the first three charges the police wrote up at the time of arrest. This is how they make it appear like you're getting a deal if they drop part or half the charges. It is a very unsuspecting legal injustice being used against defendants by this prosecutor and the court is supporting this procedure by pressing forward with cases.
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 visiting here. I also told him I went to school for Law Enforcement for two years, part time. 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. Then had this case dismissed against me immediately INSTEAD OF WHAT HAPPENED.
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 are reading precisely why in this statement. I AM NOW THE VICTIM!
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! I was not responsible for damages.
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 WHO ARE SUPPOSE TO HOLD HIGH HONORS.
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 plans. I returned to Scottsdale, Arizona just a couple days before the next court appearance. I can also prove this. Gas Receipts and Phone Records do not lie and neither do honest people!
I also do not stalk people either and that is 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 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 did not 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 is not available, it does not take that long to obtain video from any business involving charges against a patron. The video was not turned over to 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 20 days before Trial Date appearance. He also never requested the Police Car Reports. Then submits 2nd statement 2 days before trial date……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 and CORRUPT. Why wouldn't he defend me? I wonder how many people have been through this?
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 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, it is a good one for you”!
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 told me I had no choice in this situation and said “Today is the day to decide.” 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 physical evidence remember! Then pay for the Dentist visit of the Manager Nick Walker of $271.00. NOTHING WAS SAID ABOUT THE TV.
These statements are not very encouraging statements an honest public defender would make. These statements show a public defender has no confidence in defending the defendant but just playing a court game with their life!
i said im not paying for anything, im not guilty!
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 when I had a place to stay available. I LEARNED A LOT ABOUT THE SCOTTSDALE COURT CORRUPTION IN THESE MEETINGS.
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 deceived 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 and prosecutor ken flint feel good about yourselves!!!
Also during the trial appearance after this “Verbal Plea Agreement was made against my rights”…. 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 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”. She ordered everyone quiet and a court date for a RULE 32 Hearing. This is when the Prosecutor blurted out his statement to defend the states case and she said “Don't say anymore, we will talk about after court.”
Why didn't she ask me that statement at the trial date when the agreement was verbally made? Can you see the flaw in the courts judges process here? She failed!
During the beginning of the Sentencing Hearing with Public Defender Eugene Marquez and while we were before the Judge, that is when Eugene Marquez 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 in a statement. No response. I will state you can bet this was removed from court record because it was mentioned in my statement. Might as well cover this up too. I DEMAND HE TAKE THE POLY GRAPH TEST! The court should order this to protect my rights.
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 did not know a person could get them online, because I do not how the court works here. This isn't known 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 $350.00 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 and get me to pay.
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! Plus, I honestly do not have any Money TO PAY CORRUPTION FEES.
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 statements were submitted. One has to wonder why he left and when
*first half of the story ends here
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!
Prosecutor Ken Flint told the court that I caused damages in the excess of $6,500.00 to the bar and staff. I ALMOST FELL OUT OF MY CHAIR!
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 and he quickly grabbed it out of my hands!!!
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 $6,000.00!!
They started this altercation and the 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”. There was two people on top of me!
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 corruption, 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 felony fraud by a prosecutor? I thought our government prosecuted corrupt court officers in this country? They have committed a crime in plain view.
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 hands really quick. 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? Judge Nancy Lewis did not even read the evidence submitted properly, she made a quick glance and dropped it back on the counter.
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 MY 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 and she was sitting right behind me in court.
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 prosecute 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 rights. This is clear as you have read and will keep reading.
After that Photo and Dentist statement was reviewed, 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. He told me “sit there and shut up.”
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!
Where were the waitresses from the bar during this case? They know the truth
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 should 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 Judge Lewis but she would not 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 get these charges pressed 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 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 it was replaced”. What, that means theres no evidence?
one has to wonder where the other staff were for court, that were involved? They knew the truth; maybe they quit, were fired or refused to show up?
there's 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 $1100.00 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 is not in any order like the one 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 person in Court as a witness to prove he replaced a damaged Lamp? THAT'S A GOOD POINT TOO!
There were no pictures taken of Nick Walkers face at the time of the incident 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. THE DENTIST EVEN SAID, THERE WAS NO DAMAGES!
This is evidence and it was withheld until the sentencing
THE PROSECUTOR SET THIS CASE UP FOR INSURANCE CORRUPTION TOO.
The Insurance companies claim is wrong against the defendant 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 is covering for the state now to protect his lie!
Nothing was said about this extensive mouth injury until after the Trial Hearing date, this was also stated 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. This injury was made up by the prosecutor.
That office visit was for $271.00 and he wasn't hurt like the prosecutor portrayed this case out to be.
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 and anything I have to say, they will deny anyway.
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 defendant— 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? You dang right! The fight is on.
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 the defendant.
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 and the insurance company in his corruption! Ken flint and eugene marquez have committed a crime of many magnitudes in this case.
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