10/1/10

THE PUBLIC DEFENDER WHO LIED TO GET ME TO TAKE A PLEA IS NOW THE MAGISTRATE IN KOTZEBUE

Nome District Court
Logic may indeed be unshakeable, but it cannot withstand a man who is determined to live. Where was the judge he had never seen? Where was the High Court he had never reached? He raised his hands and spread out all his fingers. But the hands of one of the men closed round his throat, just as the other drove the knife deep into his heart and turned it twice. From The Trial by Franz Kafka.

When I got back from wrongful imprisonment while my property was stolen or put out in the rain and my cat starved and tortured by the man who I believe committed the crime I was very distraught and angry. Of course, who would not be after all of that knowing those who should have stopped it orchestrated it, public defenders, judges, and the department of law. There is no way the DOL did not know Robin Hume was a con man and the state troopers had investigated and said there was no evidence I did the crime before Judge Esch issued the warrant. They would never let facts stand in their way. If one is wrongfully arrested and the public defender agency shows up and begins a process to right the wrong belief in our system of justice is still possible, but they do not do this. The lack of competence or even caring about my case while retaliating against me for my demands of a defense, due process and a trial fueled all of this. They protect each other no matter which side they are on or no matter what they themselves have done wrong, even if it is something that would get the rest of us imprisoned. The DA in this case pulled all of the strings and his anger at what he perceived as my lack of cooperation caused him to retaliate against me. The public defender agency was glad to assist him. Truthiness and injustice are ingrained in our legal systems.
 
The public defender agency in Kotzebue at that time were representing me even though I lived in Nome because my besotted public defender in Nome had finally gone to rehab after I told the judge and Director Quinlan Steiner over many months she had a problem and was met with abuse. They go to any lengths to protect each other even if they have harmed clients. The Kotzebue office when notified of a hearing about the false accusation did not notify me about it nor did they go to the hearing themselves. Anyone would have realized this meant there was a communication problem, but Judge Esch issued the warrant for my arrest anyway. The attorney who was supposed to be representing me who was Brooke Browning at the time, now Brooke Browning Alowa claims she was out of town. She was the manager of the office; apparently, there was no procedure in place for notifying clients of hearings either in Kotzebue or Nome because I had several I was not told about. When I informed Judge Esch fairly early on this was happening he just scowled and said, “You’re here now.“ By not fixing this problem they can use it to have people on conditions or others arrested easily and put in prison, it is one of their tools. In Nome it is mostly used against the Native people. They have a small prison in Nome and are desperate for jobs there. When I lived in Nome I knew to keep checking for hearings because they would be scheduled without my being informed. One does not have to guess why they did not tell me about the hearings since not attending could result in being imprisoned. It is clear this was their ultimate goal. I knew what they were up to so I checked diligently, but eventually when I had no reason to think there would be a hearing and was not in Nome I stopped and that is when they finally entrapped me.
 
When I was wrongfully imprisoned the public defender agency did not send anyone to see me and I in fact contacted many of them and many officials in the state of Alaska to ask that they file for a writ of habeas corpus, get my cat to safety, send someone to talk to me, help me get medical care and have the state troopers inform Robin Hume not to steal my property or even go in my room. Now that I was imprisoned I could not agitate for due process and they just ignored me. They did nothing other than make statements like they did not understand themselves how I could have been arrested without being charged with the crime as otherwise there was no proof I violated conditions of release. They made statements like, “I have never seen this happen before“. My response was, generally questions about why they were not doing anything about it then. Then nothing would happen, it was almost as if they had been told to do nothing, hint, hint, nod, nod, wink, wink.

There was a hearing on the phone from the mental health unit in Hiland Mountain. I had been held in isolation, poor conditions, abuse and had my psychiatric medication abruptly stopped causing confusion. They also put me on a starvation diet which caused me to loose eight pounds in one week. They do this as punishment to manipulate the inmate into cooperating so they will be allowed out of the cell to eat with the other inmates. I was distraught, confused and was not sure exactly why I was incarcerated having no legal representative or access to the information about the case. Judge Esch cut me off from speaking after I made the statement that I was totally innocent of the accusation from Nome. I had been moved around to four different jails and prisons until I got to Hiland Mountain being told with each move I was going to Nome for a hearing. This never happened. Moving people around in the prisons system is a tactic often used to keep people from communicating with the outside to get assistance.

I kept calling Brooke Browning from the prisons and leaving messages. Finally at Hiland Mountain I found out she was no longer assigned to my case. Inmates are allowed to receive emails from their attorneys and she had sent me some stating she was not my attorney that I got about a week late due to the corrupt actions of the corrections officers. Why those I had managed to get on the phone at the public defender agency did not tell me this and inform me that this case was at the public defender agency in Nome I do not know. Most likely Brooke Browning knew I was going to be extremely pissed and very upset, so she avoided a phone conversation, I am sure she had been warned by others. She never apologized to me and at one point left a message on my voice mail that said she was, “tired of hearing about your frickin cat“. I am sure that while I was pleading with them to save my cat and property many of them were simply talking about how I was speaking delusions. In the end it was an investigator in Nome who finally got some evidence that Steve Hume had lied when not any of them believed me. He left the public defender agency in Nome and when he did he brought most of their ethics with him. I am grateful he was there to take my calls when none of the people who should have would. Everything I had told them was true yet they had not investigated. They assumed I lied because that is what the prosecutor told them to believe. In Nome and other villages in Alaska, the prosecutor, public defenders, and judge all hang out together.

Brooke Browning was put on my case after the alcoholic attorney fell out to manipulate me. She is one of those kinds of people who tells you how wonderful she is, lies about almost everything, tells you she is going to do all these wonderful things for you and then stabs you in the back, and then when confronted about her actions feigns the sweet and innocent victim (lawyering 101). She is quite the social butterfly and networker as she is a climber. Her mission was to manipulate me into taking a plea by convincing me she had my best interests. She promised me what she called a “nice package” for the judge with expert witnesses. She told me I would most likely get probation with SIS (charge comes off at end of sentence). Three days before the sentencing hearing after trying to make contact with her or Quinlan Steiner for weeks I was informed I would not have any expert witnesses and that I would be my own expert witness, the first of two episodes of this crazy manipulative tactic. I was very upset and wrote a very lengthy allocution which I was allowed to read in lieu of no defense. I had no defense, DA Earthman stood in that court room and lied and no public defender ever objected even once. Brooke Browning even tried to convince me at one point that Earthman was very concerned about me. I asked her if the word stupid was written on my forehead. Michele Murphy in the past was so enamored of Earthman I thought she must be sleeping with him. I did not understand this is how their system works, they are all enamored of each other. They manipulate and cover for each other.

There is no defense unless you have money and power, the rest of us get pre-ordained sentences that both the prosecution and defense work toward. Being poor to them is equal to being guilty and you are lied about and demonized by both sides because evidence does not matter. Judges in Alaska are generally appointed based on being right wing Christians (and in the case of Parnell, male gonads) and they believe that the poor are all responsible themselves for being poor and all assistance of any kind by the government should be stopped. When I complained about my besotted public defender begging Judge Esch to allow me another one he said indignantly, “Indigent defendants” do not choose their attorneys. Slanting the court to the right and placing right wing staff in the Department of Law helps them deny access to due process for the poor who can’t afford a decent lawyer. What is going on with the Public Defender Agency that they are behind these people? It is low funding, incompetence, and selection of personnel who supervise.

When they pulled all of this about the sentencing hearing I asked to withdraw the plea for a trial and was told that it was not possible. Which I now know was a lie. I was on the state of Alaska’s injustice railroad and there would be no getting off that train.
 
 
 
 
 
 
 
 
The below email from Brooke Browning was sent the Monday before a hearing to be held on a Wednesday. I had inadvertently found out about it and was of course very alarmed after having been imprisoned for this same screw up already. This time Brooke Browning could not claim to be out of town. This indicates the procedures for notifying clients were still not in place in Kotzebue. Keep in mind all that has already gone on as stated above. I was very angry that she continued to pull the same crap. The strategy for not telling me about the hearing until a couple days before was to keep me from asking questions, making demands that they put a plan in place, calling higher ups in Alaska government and obtaining expert witnesses. I never spoke with her about strategy, she would not allow it, all the while dramatically proclaiming she was diligently working on my case. NSHC had at first claimed the fantastic amount of $75,000 in restitution, then decreased it to $25,000, and now had settled on around $10, 000 for something that was not missing that had an actual value of at most a few hundred dollars. I did the research, asked the public defender agency to verify it and they did not claiming I would be called as my own expert witness in court. They did not call me to present this information, it was all part of the manipulation scheme. The judge knew what he was going to do anyway, evidence was suppressed so there would be no grounds for an appeal later. BTW, in Alaska public defender clients are not allowed to choose what to appeal, since the problem is generally incompetence of public defenders and lack of due process that means the system is rigged. They are not going to file an appeal implicating incompetence or manipulation in the public defender agency. Also, appeals are only based on evidence already presented in court, nothing new can be presented. This is why they suppressed evidence and kept me from doing it myself. I tried to go pro se several times and Judge Esch refused. This was for drugs I did not remember taking when I was very disturbed (probably psychotic), suicidal from complex PTSD and never actually left the hospital with them.

Celia,
Your restitution hearing is set for Wednesday in Nome at 11:30 AM. We got notice Friday afternoon. I saw it today. The Nome Court house # is 443-5216.
I am tired of your abusive, accusatory messages. If you want to discuss the case in a productive manner, please call or email. The only point of the restitution hearing is that I am trying to save you from getting stuck with paying a sum of money I do not believe you owe. If you do not want to pursue the hearing, and wish to pay the full amount NSHC is trying to get from you, be my guest-- just let me know and I’ll work on other cases instead.
My secretary will not put up with swearing or abusive language. If you speak to her like that again, she will hang up on you.


Brooke Browning

They did not work on cases in a productive manner, this is one of the things I was angry about. This is what she does she says she is working towards doing the right thing, but she is doing the opposite. She was removed from this hearing and in the end no defense at all was presented as per usual. After all that happened I had a right to be angry.

Email sent to friend:

New development: Last Thursday, the 13th(not Friday like Brooke Browning says) Judge Esch scheduled a restitution hearing about my original case. Apparently the hospital is making a big stink about it. I believe it is based on the fact that it is close to the end of the statute of limitations for me to file a lawsuit against them. He scheduled it without even consulting the attorney. The attorney for that case is in Kotzebue. I called the one in Nome for the new case to clarify the date of the next hearing for that one. She told me about this one. I of course called the Kotzebue office very upset. Brooke claims the court told them Friday. It was Thursday. This is the second damn time they screwed up and the third time Nome screwed up. I just forwarded it to my representative's office and thought I would send it to you. This is not incompetence this is malice.

The hearing about the false charge that I had been wrongfully imprisoned over was the only reason I found out about the restitution hearing being scheduled. It was well known at the public defender agency exactly what was going on. I had already been told by Brooke Browning that Judge Esch had made the claim that there was a rule the defendant did not need to be present at a restitution hearing. He planned for me not to be present. In other words he wanted to railroad me. Was she helping him with his plan by not informing me of the hearing while feigning she was on my side?

I don’t remember what swear words I used, most likely something like, what the f*** is wrong with you people or this is bullshit. These would be my typical reactions when angry. In fact when Judge Murphy in Nome would not allow me to get my property and cat to safety before going back to jail after I told her I was innocent I told her that was bullshit and it was. Judge Esch gave Norton Sound Health Corporation all they asked for and I was not allowed to present evidence. Yep, Brooke Browning and the public defender agency had really worked on my case…not. I was lied to by a second attorney just before the hearing and once again told I would be my own expert witness. Once again I was not called on to present the evidence. To fight in court you need to have facts, research, and logic. None of this happened, ever. They just said crap like, “Your honor, the evidence against my client is circumstantial at best”, but no evidence was presented.


Email responses to officials in Alaska, including Quinlan Steiner:

SO, EXCUSE ME IF I MIGHT SWEAR. I HAVE EARNED THE
RIGHT . OBVIOUSLY KIRSTEN BEY IS NOT GOING TO
EFFECTIVELY REPRESENT ME. OBVIOUSLY BROOK BROWNING HAS
NOT. OBVIOUSLY YOU HAVE NOT RESPONDED TO MY COMPLAINTS
ABOUT IT. THIS IS NOT JUST INCOMPETENCE THIS IS
OBVIOUSLY BEING DONE ON PURPOSE BY NOT JUST YOU, BUT
JUDGE ESCH AND DA EARTHMAN. AND IT HAS BEEN DONE WITH
MALICE. BROOKE BROWNING CAN GO STRAIGHT TO HELL.
--------------
I am so distraught that I am sick. Brooke Browning's response is based on one short conversation I had with a secretary this morning. I guess the government agencies in this state can be abusive to people, but no one has the right to speak up. These people all deserve to loose their jobs.
--------------
The office in Kotzebue did not notify me of the
hearing about the stolen money at which information
could have been presented disputing this lie nor did
they show up for it. This resulted in my loosing
nearly everything I own and having the rest put out in
the rain and my cat starved. She has been very ill,
especially over the last few days, she now looks
better. It also resulted in my being homeless. This is
after all the screw ups and having a chemically
impaired abusive Public defender for over a year. This
is after a case which should have taken only a few
months took a year and a half. This is after I was
already financially devastated from that. This is
after I was promised expert witnesses for my
sentencing hearing and told I would probably just get
SIS probation. This is after 3 days before my
sentencing hearing I was told there would not be any
expert witnesses, how cowardly you all are. This is
after I was falsely arrested and imprisoned for 26
days, had my medication withheld, and was
psychologically tortured. This is after I called and
called every public defender agency office I could get
a number for and it includes calling Quinlan Steiner's
office and leaving at least 2 messages begging
everyone to help get my cat to the humane society and
stop him from stealing my things. This is after an
investigator has not come to speak to me here in light
of my telling everyone some of the witnesses may leave
town. So far no one has explained to me how I can even
be charged. I know myself this charge is ridiculous and
unconstitutional. Why does Kirsten Bey sound like she
is on the other side. She should be outraged and so
should you. I spoke to Kirsten Bey specifically about
my cat and things. She called Mr. Hume and he told her
lies. I told her he was lying and she refused to do
anything else. It was the public defender agency's
fault I was in there in the first place. You all
should have done something, but I guess you were all
too focused on going on your lovely vacations to care
that your incompetence and corruption was destroying
someone's life. I guess you have done this so many
times you just do not care anymore. And now, Judge
Esch sets a hearing on the 13th for the 20th for a
restitution hearing. Should there even be a restitution
hearing in a case set for appeal? I accidentally found
out about it today when I called Kirsten Bey which was
a waste of time as usual she is unresponsive. How the
hell am I suppose to get a ticket to get there at this
late date? There is a witness she would have needed to
find. No one has discussed strategies with me.
---------------
DA Earthman was using lies and had not prepared the case, in fact it was pitiful. Lies were used at the sentencing hearing as well. He had the public defender agency in Nome call me to try and figure out if I was coming back to Alaska when I went to the lower 48. They told me he said he would not prepare the case if I was not coming back. WTF! They either did not want me to come back as they had no evidence or they wanted me to stay out so they could arrest me and give me further charges. DA Earthman was supposedly using the public defender agency as a go between for these communications from Kirsten Bey who also told me the public defender agency could not find my file. Was I supposed to believe they were going to make the case disappear? I have no way of knowimg just who originated the idea to contact me with this BS, but suspect both agencies did it in concert. When I was first arrested people in Nome told me they all work together and know the outcome of every case, working together to make it happen. Fighting for them to give you a defense is like punching a wall, you get hurt and nothing comes of it.

Asking for a trial resulted in threats from the judge and public defender, always. The judge would tell me how many years I could get if I went to trial and the public defender would say things like, “You never know what a jury will do.“ or “But, you admit you are an addict.” To which I would respond that lots of people are addicted to substances and don’t know it, I am simply not in denial about it and believe in talking about it to educate and help others, that does not mean I have done what they say in any way. In fact this would be a typical and usual tactic of serial bullies to take a piece of information about a person and use it to demonize them in the eyes of others. You see how legal logic works? If I love to eat red apples and one is missing, they assume I am the one who ate it when almost everyone likes red apples. The reason for assuming it was me who ate the red apple would not be based in fact nor logic it would be based on their political relationship to the accusers. In this case the accusers are some very sick serial bullies who had been poisoning the community against one person after another for many years.
 
In nursing a person known to be in recovery is very valuable as there are impaired nurses and patients. Those who are ignorant about addiction use this to look down on others and to try and make themselves feel superior. My issues occurred because of health problems just like with others. In Alaska this very destructive attitude runs rampant and has been used to demonize natives and homeless people. Nursing and medicine are very tightly intertwined with the false information the drug companies have passed off about addiction to keep their high profit pain killers bringing in money. People who take no initiative to educate themselves in these professions are puppets of the drug industry lies.

Right about this time Brooke Browning declared she was leaving the public defender agency to go into private practice in Nome (which did not last long). I told her one of them was the crazy lawyer who I called for legal advise before all of this happened and he went nuts on the phone and he laughed loudly and hilariously when my name was called in court. Was she fired from the public defender agency or asked to resign? Was screwing me over some kind of quid pro quo for services rendered? Quinlan Steiner told me she was the one who decided to lie to me to get me to take a plea, “It was all Brooke Browning.“ However I was also lied to by other public defenders which shows this was SOP. Stephen Hale was then appointed to be my attorney out of Kotzebue. I was told he had recently lost an election for prosecutor in Texas, but my research tells me there was much more to that story. He also pulled the, you’ll be your own expert witness crap on me and then never called on me so I could present the information. This tells me it did not just come from Brook Browning, it was from the top of the public defender agency.

The bullshit continued. I frequently called Quinlan Steiner through all of this and he did not return phone calls. I was told to only call the deputy director of the criminal division, but he rarely returned calls either. I had to then contact the commission to get them to compel him or Steiner to call me which made Steiner angry. Eventually he got them to refuse to make the calls.


Email about pretrial for false charge:

Yes, I had my pretrial hearing this morning. I have not been contacted by my PD as I was told I would be by the deputy director. I had no idea what we were doing. I called the Nome office thinking he would be there. He is out of Kotzebue [Stephen Hale]. They had not seen him. I told the one who believed Robin Hume over me [Kirsten Bey] that I would go pro se before I would have her represent me. She showed up at the hearing. I could not believe it. The magistrate just continued it until the restitution hearing tomorrow at 2:30. I went into a tirade about the PDA not being able to get their act together and wanting to be pro se. I am suppose to call the Nome office between 12 and 1 to see if they can sort out what they are doing. Good God. How much more can they screw up? He needs to prepare something for this restitution hearing, how could I trust that he is doing this?

Judge Esch refused to allow me to go pro se. I may not have been an attorney, but I could have at least defended myself.

Stephen Hale was not preparing my case, of course I have no idea what information they gave him or what lies they may have told him. The only preparation he made was to lie to me and then tell me I would be my own expert witness. He also sat while DA Earthman spoke obvious lies and demonized me while not objecting. There was no need to prepare, they had all decided on the outcome before the hearing. This is why Judge Esch did not want me there. He knew what he was going to do. Evidence had no bearing on the case. The evidence went against the outcome they all wanted. It was all corrupt political maneuvers.

On July 9, 2010 Paul A. Roetman was appointed to Kotzebue Superior Court by Governor Parnell. Without even checking we know this means he is a right wing Christian and meets another of the Parnell criteria for being a judge, being male. Each Superior Court Judge gets to select the magistrate(s) for the court.

AS 22.15.170. Selection of District Judges and Magistrates.



(c) The presiding judge of the superior court in each judicial district shall appoint the magistrates for the district court for the judicial district. Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for which appointed.


(d) Vacancies for magistrates shall be filled in the same manner as appointments.

Here is one of the reasons the Alaska justice system is so screwed up, Brooke Browning Alowa is now the magistrate in Kotzebue. She applied when there was an opening for judge and then withdrew. What she has done in my case was most likely a quid pro quo to get points to further her career. What she did in my case should have gotten her disbarred, but in Alaska the judicial system is corrupt, they make deals, watch each other’s backs, and leave a wake of destruction in their paths. Just like I have said so many times before, those with an agenda other than the work at hand screw everything up and foster corruption.

So, now the kind of person who should not even be practicing law is a magistrate. How does this happen? Well we know under Sarah Palin and now Sean Parnell that judges are appointed according to a primary requirement, they must be a right wing radical Christians. Right wing radical Christians do not operate in the realm of information, facts, evidence, or logic. Their goal is to reshape the law for theocratic or Republican party agenda purposes (controlled by corporate money) and continue to support the two tier system of law. Harsh sentences are handed out for the poor and non-whites while those with money/power are given light sentences or perhaps not even charged at all. We have had this very well demonstrated for us because the Palin family seems to have a propensity for illegal actions.

Recently we have had an example of the kind of person they chose to be a magistrate and judge, Joe Miller. Joe Miller is a man who it has been demonstrated has no character or ethics. Yet, in Alaska he sat for short periods making judgments on others. He displays the typical, everything is for me, let’s eliminate all those “socialist programs” for the poor attitude of the radical right. He hates those “socialist programs” unless they benefit him or he can figure out a way to commit fraud to access the resources for himself. In Alaska where the population is low and there is a lack of certain types of institutions of education there is a shortage of certain types of professionals. There are certain kinds of people who come to Alaska because they know they will be thrown out on their asses in the lower 48 and they attempt to work their way into a position of power over others to further their twisted agenda and because the truth is they feel less-than because they could not make it somewhere else. They will do anything to get ahead, they have no conscience, are egocentric, they arrogantly feel they are superior, they will say anything to garner support and they consistently search for ways to circumvent the rules to fit their agenda. They are easily manipulated and have been sought out and put in place by those who do not care about the people of this state or country, only themselves. They fear the will of the people and are trying to squelch it.

4 comments:

Anonymous said...

We lived in Nome in the early 80's. Sounds like things have only gotten worse. Hubby worked in Dept of Law and has first hand knowledge of the incompetence.

Anonymous said...

I can't speak to your case, but I can speak about public servants. I think the majority of DA's and PD's take the job in order to get court time. Then they go into private practice where they can make more money. There are of course a few exceptions and they are the thankless public servants who take their jobs seriously. I don't know what the answer is, other than paying public servants more.

Anonymous said...

Not that I would in any way think that your view of what happened in your particular case was not traumatic or did not happen in the way you have stated. I would just like to go on record as saying that Brooke Browning defended my husband, who is not rich, but in fact a borderline pauper, did a damn fine job, paid very close attention to his case and won getting him expunged fro some very serious crimes. While I think you are right to your opinion of what happened to you and you have a right to be angry, I cannot on any level believe that Brooke in any way maliciously deceived you or neglected you. She is a fine person who we respect very much.

Celia Harrison said...

Anonymous 2:47 AM, I am glad your husband got justice if that is what happened. Brooke Browining Alowa did tell me several lies to get me to take a plea while I was very ill with PTSD. The PD office she managed in Kotzebue did not notify me of a hearing which resulted in a warrant being issued for my arrest and she nor any other rep of the PDs did not appear at the hearing. This resulted in my being harmed psychologically and physically, my cat being so damaged by the real perp that I had to put her to sleep, and my property being stolen or destroyed. Brooke did not start any kind of proceeding to have me released from prison, did nothing to protect my cat or property and neither did her superiors. I believe she and others were told to engineer this scenario and she got a couple state jobs out of the deal.