Tuesday, June 24, 2008

For Hearing Tomorrow, For The Record

I have a hearing tomorrow. I have been writing emails to Paul Cassel for over a week with no response from him, at all. I have asked him repeatedly if he still considers himself to be representing me and there has been no answer from him.

Jeanne Wellbaum at least sent an email stating she was withdrawing, after I complained Judge Hotchkiss had forced me to rescind my plans to report both she and Cassel to the Bar; Hotchkiss told me if I wanted to be represented by any public defender, I had to "take it back" and not report them. So under the pressure, and stating clearly I did NOT want to go pro se, I said I would.

Afterwards, I realized what had happened was highly unethical and more than a favor for both the Judge, whom the PDs refuse to file a Motion for Recusal against, and the PDs, whom the Judge then protected by forcing me to accept them or go on my own.

I have excellent cause and grounds for reporting both Wellbaum and Cassel to the Bar, and yet, they make their own rules in Wenatchee, so even when they tell me they ARE or ARE NOT representing me, I always find out later, too late, that they're doing the exact opposite of what they said before.

I have been attempting to work at a job which is a strain on me physically, full-time. I do not have money for long distance calls, and to collect documentation for this case, and to drive to where the resources are in order to compose timely and proper motions. I need a public defender.

However, a citizen has the right to a reasonable defense. What I've experienced is negligence, and "ineffective assistance of counsel for defense," not to mention some conflict of interest as well. If I have grounds for turning someone in to the Bar, I should not be penalized by being forced to go pro se.

I attempted to contact Cassel at least, because I needed to know what is going on. There has been no response and now it is the night before a hearing which the Judge said will not be "postponed" or continued again. Despite the fact this very same Judge bribed me and threatened me to take back my counsel and not report them, or go on my own. Despite the fact my PDs return his favors and refuse to file any motion for recusal of the Judge on my behalf.

I haven't had time to try to put together motions and my own defense. I also started a new job and couldn't miss work to appear for the hearing in person. I had to specially request I get tonight off of work, just so I could research recusal laws, even though it's practically too late. I kept asking for a response and got nothing. I at least deserved an answer from Cassel, one way or the other.

I also, still, do not have a public defender advocating for my right to change of venue, based on my disability. All they want to do, is slam dunk their case in Wenatchee, and then pretend to accomodate me for "services" after they've refused me a fair hearing from the outset.

I know exactly what is going on, and anyone else, anybody, who hears the facts, would agree it is reasonable to believe there is prejudice and bias with both the Wenatchee judge, and the PDs, in my case.

I asked for a public defender, and I asked for recusal of this judge. I do not want to go forward pro se, and I also do not want to go forward with PDs who have been negligent and done favors for the other side, and favors for this judge, who refuse to even answer my email and give me clear instructions.

I have no one giving me any legal advice and I am concerned that if I stay in this state, and am refused a continuance to obtain legal representation where there is no conflict of interest, they will simply plow through, and this Judge, I already know, will sign a bunch of orders against me, ordering me to go to services the AG and CPS would want, to try to gain "evidence" for their case against me, when they had no grounds to take my son to begin with.

I also know that my PDs have done nothing for me, and while they said, after I was forced to say (on the record in the last hearing) I should give them photos of where I lived, and contact info for character witnesses, I know they don't plan to win, because I gave Paul Cassel a list of my character witnesses, and how they could testify in my favor, over a month ago. I also gave him plenty of time and grounds to file for change of venue and to gather my medical records, and he didn't do it. He didn't even notify me of the date for a hearing for the change of venue and I missed it.

So now I'm supposed to go to the hearing tomorrow, and lose, because we already know this Judge doesn't play by the rules, and that my "PDs" have done nothing but make my case worse and weaken it, and then be subject to arrest if I don't comply with his orders? When I never had competent and fair PDs to defend me to begin with? and when he ignores my request that he step down, and then just continues to make prejudicial decisions and prove he is a "good old boy" who will protect the PDs who protect him?

And who cares about the ADA?

I'm threatened, by Wellbaum, that if I leave the state, blah blah, the show will go on without me and I will be accused of abandonment. As if I've ever abandoned my son. Instead of abandonment, let's try on something like, "I was forced to leave, and not tell anyone where I was going, because I have not been able to get good public defense and find people who have no conflict of interest, who do not wish to taint my medical records and claim there is nothing physically wrong with me."

I have been forced to be apart from my son for almost two months now, when I've told them the travel worsens my condition and is painful, and that I want my son to be transfered to the county where I live, where both he and I could get medical care and maintain visitation. I've not had one PD do this for me, or contact ADA for assistance, even though I've asked and begged, multiple times.

So I'm supposed to sit around for more of the same?

Based on the pattern of conduct "unbecoming" in Wenatchee already, I see zero evidence of fair trial, hearing, or anything, and rather see I need to find some lawyers who are going to tear into these people for what they've done and neglected to do.

I should not be accused of abandonment when I am NOT CHOOSING to leave. I am being forced out of the process, and threatened with every possible threat, to stay in something that is flatly biased, prejudiced, and full of conflict of interest, which will only harm my position and the ability to prove I and my son have been discriminated against and harassed.

And then, threatened.

Because, once again, I'M the "problem".

I hope someone reads this, obtains the transcript or audio for the last hearing, and gets the Bar involved, and judiciary committee. I contacted the Committee for Judicial Fitness today and wasn't able to do it earlier. They told me to fax them my complaint about Judge Hotchkiss, and I will, but not from Washington State.

For the record, I'm not abandoning anything. And it is not likely I would "do so again." I am taking care of business the only way I know how, absent competent legal advice and representation, and that is to go outside of "the department", aka, "the state".

Cameo Garrett

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